Jarvis v. Taylor, 2:17-CV-396-WKW. (2018)
Court: District Court, M.D. Alabama
Number: infdco20180418761
Visitors: 13
Filed: Apr. 17, 2018
Latest Update: Apr. 17, 2018
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On February 12, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 27.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation (Doc. # 27) is ADOPTED. Accordingly, it is ORDERED as follows: 1. Counterclaim Defendant Christopher Jarvis's motion to dismiss (Doc. # 13) is GRANTED IN PART as to (1) Counterclaimants' breach o
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On February 12, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 27.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation (Doc. # 27) is ADOPTED. Accordingly, it is ORDERED as follows: 1. Counterclaim Defendant Christopher Jarvis's motion to dismiss (Doc. # 13) is GRANTED IN PART as to (1) Counterclaimants' breach of..
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ORDER
W. KEITH WATKINS, Chief District Judge.
On February 12, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 27.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation (Doc. # 27) is ADOPTED. Accordingly, it is ORDERED as follows:
1. Counterclaim Defendant Christopher Jarvis's motion to dismiss (Doc. # 13) is GRANTED IN PART as to (1) Counterclaimants' breach of loyalty1 claim (Count VI), which is dismissed with prejudice, and (2) Counterclaimant's negligence claim (Count V), which is dismissed without prejudice. In all other respects, Counterclaim Defendant Christopher Jarvis's motion to dismiss (Doc. # 13) is DENIED.
2. This action is referred back to the Magistrate Judge for additional proceedings.
FootNotes
1. In response to the motion to dismiss, Counterclaimants did not cite Ala. Code 1975 § 10A-5A-4.08, which pertains to the duty of loyalty a "person who has the authority to direct and oversee the activities and affairs of a limited liability company owes to the limited liability company and to the members of the limited liability company." Ala. Code 1975 § 10A-5A-4.08(a)(1). Neither did they demonstrate that § 10A-5A-4.08 is applicable to Count VI and the facts alleged in the counterclaim complaint; nor did they argue that Alabama law recognizes an independent claim for breach of the duty of loyalty in derogation of § 10A-5A-4.08.
Source: Leagle
