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17-340 - Exford et al v. KC Economic Development LLC et al (JOINT ASSIGN)(MAG2)


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17-340 - Exford et al v. KC Economic Development LLC et al (JOINT ASSIGN)(MAG2)
November 30, 2017
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REPORT AND RECOMMENDATION: The 7 Order to Show Cause is hereby DISCHARGED and it is the recommendation of the undersigned that Defendants' 11 Motion to Dismiss be DENIED. McGregor has also filed a 14 Motion to Dismiss for failure to state a claim upon which relief can be granted pursuant to FRCP 12(b)(6). For present purposes, suffice it to say that Plaintiffs have sufficiently alleged that McGregor's history of control and operation of the businesses presents a basis for him potentially to be held personally liable for the Judgment. Accordingly, this motion should also be DENIED. Objections to R&R due by 12/14/2017. Signed by Honorable Judge David A. Baker on 11/30/2017. (dmn, )
March 30, 2018
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MEMORANDUM OPINION AND ORDER directing as follows: (1) defs' 26 Objections are SUSTAINED; REJECTING 25 Report and Recommendation of the Magistrate Judge; (3) def's 11 Rule 12(b)(1) Motion to Dismiss for Lack of subject matter Jurisdictionis GRANTED; (4) def McGregor's 14 Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim upon which relief can be granted is DENIED as MOOT; (5) this case is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge William Keith Watkins on 3/30/18. (djy, )