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17-396 - Jarvis v. Taylor et al (JOINT ASSIGN)(MAG2)


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17-396 - Jarvis v. Taylor et al (JOINT ASSIGN)(MAG2)
February 12, 2018
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REPORT AND RECOMMENDATION: for the reasons as stated, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's motion to dismiss the aforementioned Counter-claims against him (Doc. 10) is due to be GRANTED IN PART. As to Defendants' claim of "Breach of Loyalty," that claim is due to be dismissed with prejudice. As to Defendants' claim of Negligence against Plaintiff, that claim is due to be dismissed without prejudice. As to Defendants' claims of Fraud and Suppression, Plaintiff's motion to dismiss is due to be DENIED. Objections to R&R due by 2/27/2018. Signed by Honorable Judge David A. Baker on 2/12/2018. (kh, )
April 17, 2018
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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. Signed by Chief Judge William Keith Watkins on 4/17/2018. (kh, )