Kaye Financial Corporation v. Ticor Title Agency of Arizona, Inc., 2:17-CV-12427-TGB. (2018)
Court: District Court, E.D. Michigan
Number: infdco20181030b01
Visitors: 22
Filed: Oct. 29, 2018
Latest Update: Oct. 29, 2018
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' SECOND MOTION TO DISMISS (DKT. 15) TERRENCE G. BERG , District Judge . This matter is before the Court on Defendants' second motion to dismiss (Dkt. 15). Plaintiff filed a response (Dkt. 17) and Defendant filed a reply (Dkt. 19). The Court held a hearing on Defendants' motion on September 17, 2018. For the reasons stated on the record during the hearing, Defendants' motion is GRANTED IN PART and DENIED IN PART. Specifically, Plaint
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' SECOND MOTION TO DISMISS (DKT. 15) TERRENCE G. BERG , District Judge . This matter is before the Court on Defendants' second motion to dismiss (Dkt. 15). Plaintiff filed a response (Dkt. 17) and Defendant filed a reply (Dkt. 19). The Court held a hearing on Defendants' motion on September 17, 2018. For the reasons stated on the record during the hearing, Defendants' motion is GRANTED IN PART and DENIED IN PART. Specifically, Plainti..
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' SECOND MOTION TO DISMISS (DKT. 15)
TERRENCE G. BERG, District Judge.
This matter is before the Court on Defendants' second motion to dismiss (Dkt. 15). Plaintiff filed a response (Dkt. 17) and Defendant filed a reply (Dkt. 19). The Court held a hearing on Defendants' motion on September 17, 2018. For the reasons stated on the record during the hearing, Defendants' motion is GRANTED IN PART and DENIED IN PART.
Specifically, Plaintiff's breach of contract indemnification claim (Count 1) can proceed, as it is not time barred. Plaintiff's tort related claims (Counts 2 through 6) are dismissed without prejudice. Defendants' argument regarding dismissing the allegedly improperly named defendant, Fidelity National Title Company, and argument to change the name of Ticor Title Agency of Arizona Inc. are denied without prejudice. Defendants may renew those arguments at the conclusion of discovery, but the Court encourages the parties to reach a mutual agreement on the correct names of the defendants. Finally, Plaintiff's claim to recover attorney's fees is dismissed.
SO ORDERED.
Source: Leagle
