Filed: Sep. 14, 2015
Latest Update: Sep. 14, 2015
Summary: ORDER STEWART DALZELL , District Judge . AND NOW, this 14th day of September, 2015, upon consideration of defendant Robert Bacheler's motion to dismiss (docket entry #3) and memorandum in support thereof, and plaintiff David Broederdorf's response in opposition thereto, and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that: 1. Defendant's motion to dismiss is GRANTED IN PART AND DENIED IN PART; 2. Defendant's motion to dismiss is GRANTED in regards to plaint
Summary: ORDER STEWART DALZELL , District Judge . AND NOW, this 14th day of September, 2015, upon consideration of defendant Robert Bacheler's motion to dismiss (docket entry #3) and memorandum in support thereof, and plaintiff David Broederdorf's response in opposition thereto, and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that: 1. Defendant's motion to dismiss is GRANTED IN PART AND DENIED IN PART; 2. Defendant's motion to dismiss is GRANTED in regards to plainti..
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ORDER
STEWART DALZELL, District Judge.
AND NOW, this 14th day of September, 2015, upon consideration of defendant Robert Bacheler's motion to dismiss (docket entry #3) and memorandum in support thereof, and plaintiff David Broederdorf's response in opposition thereto, and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that:
1. Defendant's motion to dismiss is GRANTED IN PART AND DENIED IN PART;
2. Defendant's motion to dismiss is GRANTED in regards to plaintiff's equitable estoppel claim;
3. Plaintiff's equitable estoppel claim is DISMISSED WITHOUT PREJUDICE;
4. Defendant's motion to dismiss is DENIED in regards to plaintiff's breach of contract, breach of contract-third party beneficiary, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, conversion, fraud in the inducement, and unjust enrichment claims;
5. Plaintiff is GRANTED LEAVE TO AMEND his complaint by no later than noon on September 21, 2015 if he can do so conformably with Fed. R. Civ. P. 11; and
6. Defendant Robert Bacheler shall ANSWER or appropriately RESPOND to plaintiff's amended complaint no later than fourteen days after being served with the amended complaint.
