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FRATELLI COSULICH UNIPESSOAL, S.A. v. SPECIALTY FUELS BUNKERING, LLC, 13-00545-KD-C. (2015)

Court: District Court, S.D. Alabama Number: infdco20150706863
Filed: Jul. 01, 2015
Latest Update: Jul. 01, 2015
Summary: ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, 1 the recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated June 4, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that: 1) the motion to dismiss filed by Defendant Bunkers International Corp. (Doc. 65) is DENIED. 2) the motion to
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ORDER

After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made,1 the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated June 4, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that:

1) the motion to dismiss filed by Defendant Bunkers International Corp. (Doc. 65) is DENIED. 2) the motion to dismiss filed by Defendant Specialty Fuels BTU, LLC and Defendant F. Javier Brito (Doc. 67) is GRANTED in part and DENIED in part as follows: GRANTED as to Plaintiff's fraud in insolvency claim (Count VII) which is DISMISSED WITH PREJUDICE for failure to state a claim, and DENIED in all other respects.

DONE and ORDERED.

FootNotes


1. (Docs. 77, 78). And including the response to the Objections filed by Plaintiff. (Doc. 86).
Source:  Leagle

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