VASCULAR VENTURES, LLC v. AMERICAN VASCULAR ACCESS, LLC, 16-00481-KD-B. (2016)
Court: District Court, S.D. Alabama
Number: infdco20161229838
Visitors: 10
Filed: Dec. 28, 2016
Latest Update: Dec. 28, 2016
Summary: ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated December 7, 2016, is ADOPTED as the opinion of this Court. As such, it is ORDERED that: Plaintiff's Motion to Remand (Doc. 7) is DENIED ; Defendant's Motion to Transfer is DENIED (Doc. 2); the AVA Aff
Summary: ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated December 7, 2016, is ADOPTED as the opinion of this Court. As such, it is ORDERED that: Plaintiff's Motion to Remand (Doc. 7) is DENIED ; Defendant's Motion to Transfer is DENIED (Doc. 2); the AVA Affi..
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ORDER
KRISTI K. DuBOSE, District Judge.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated December 7, 2016, is ADOPTED as the opinion of this Court.
As such, it is ORDERED that: Plaintiff's Motion to Remand (Doc. 7) is DENIED; Defendant's Motion to Transfer is DENIED (Doc. 2); the AVA Affiliates and Nominal Defendants' Motion to Dismiss (Doc. 3) is GRANTED; and Defendants' Motion to Dismiss (Doc. 4) is GRANTED IN PART and DENIED IN PART as follows:
(Count One) Breach of Contract — Defendants' Motion to Dismiss Plaintiff's breach of contract claim based on the Purchase Agreement is GRANTED and Defendants' Motion to Dismiss Plaintiff's breach of contract claim based on the Side Letter Agreement is DENIED;
(Count Two) Defendants' Motion to Dismiss Plaintiff's negligent/reckless misrepresentation claim is GRANTED;
(Count Three) Defendants' Motion to Dismiss Plaintiff's promissory fraud claim is DENIED;
(Count Four) Defendants' Motion to Dismiss Plaintiff's fraudulent suppression claim is GRANTED;
(Count Five) Defendants' Motion to Dismiss Plaintiff's fraud in the inducement claim is GRANTED;
(Count Six) Defendants' Motion to Dismiss Plaintiff's civil conspiracy claim is DENIED;
(Counts Seven and Eight) Defendants' Motion to Dismiss Plaintiff's claims for intentional interference with business and contractual relations is GRANTED.
DONE and ORDERED.
Source: Leagle
