Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW, this 21st day of December, 2017, upon consideration of Defendant's Motion to Dismiss and to Stay (Document No. 18, filed November 13, 2017), Plaintiff Delavau, L.L.C.'s Memorandum in Opposition to Defendant J.M. Huber Corporation's Motion to Dismiss (Document No. 29, filed November 28, 2017), Plaintiff Delavau, L.L.C.'s Memorandum in Opposition to Defendant J.M. Huber Corporation's Motion to Stay (Document No. 30, filed November 27, 2017), a
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW, this 21st day of December, 2017, upon consideration of Defendant's Motion to Dismiss and to Stay (Document No. 18, filed November 13, 2017), Plaintiff Delavau, L.L.C.'s Memorandum in Opposition to Defendant J.M. Huber Corporation's Motion to Dismiss (Document No. 29, filed November 28, 2017), Plaintiff Delavau, L.L.C.'s Memorandum in Opposition to Defendant J.M. Huber Corporation's Motion to Stay (Document No. 30, filed November 27, 2017), an..
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ORDER
JAN E. DuBOIS, District Judge.
AND NOW, this 21st day of December, 2017, upon consideration of Defendant's Motion to Dismiss and to Stay (Document No. 18, filed November 13, 2017), Plaintiff Delavau, L.L.C.'s Memorandum in Opposition to Defendant J.M. Huber Corporation's Motion to Dismiss (Document No. 29, filed November 28, 2017), Plaintiff Delavau, L.L.C.'s Memorandum in Opposition to Defendant J.M. Huber Corporation's Motion to Stay (Document No. 30, filed November 27, 2017), and Reply Memorandum in Support of Defendant's Motion to Dismiss and to Stay (Document No. 33, filed December 12, 2017), for the reasons set forth in the Memorandum dated December 21, 2017, IT IS ORDERED that Defendant's Motion to Dismiss and to Stay is GRANTED IN PART and DENIED IN PART, as follows:
1. Those parts of Defendant's Motion to Dismiss and Stay seeking dismissal of Counts I and Counts III are DENIED;
2. That part of Defendant's Motion to Dismiss and Stay seeking dismissal of Count II is GRANTED;
3. That part of Defendant's Motion to Dismiss and Stay seeking a stay of discovery pending a ruling on the Motion to Dismiss is DENIED AS MOOT.
IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in due course.
