Rise Above Fitness, Inc. v. Franchoice, Inc., 19-1435 (MJD/ECW). (2020)
Court: District Court, D. Minnesota
Number: infdco20200121g41
Visitors: 11
Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: ORDER MICHAEL J. DAVIS , District Judge . Based upon the Report and Recommendation by United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019 [Docket No. 44], with the exception that, on page 24, the word "Illinois"
Summary: ORDER MICHAEL J. DAVIS , District Judge . Based upon the Report and Recommendation by United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019 [Docket No. 44], with the exception that, on page 24, the word "Illinois" i..
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ORDER
MICHAEL J. DAVIS, District Judge.
Based upon the Report and Recommendation by United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Elizabeth Cowan Wright dated December 19, 2019 [Docket No. 44], with the exception that, on page 24, the word "Illinois" is replaced with "Colorado."
2. Defendants' Motion for Partial Dismissal Pursuant to Rule 12(b)(6) [Docket No. 9] is GRANTED IN PART and DENIED IN PART as follows:
a. Defendants' Motion is GRANTED as to Plaintiffs' claims under the Minnesota Franchise Act and South Carolina Unfair Trade Practices Act, and those claims are DISMISSED WITHOUT PREJUDICE; and
b. Defendants' Motion is DENIED as to Plaintiffs' claim under the New York Franchise Sales Act.
Source: Leagle
