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05-604 - W Austine Sallade v. Orbital Sciences Corp


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05-604 - W Austine Sallade v. Orbital Sciences Corp
January 7, 2008
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ORDER granting in part and denying in part 38 Motion to Dismiss Case. The motion is denied with respect to Counts I, II, III, and IV. That Counts V, VI, and VII are dismissed for failure to plead fraud with specificity, with leave to amend by January 18, 2008. Counts V, VI, and VII will be dismissed with prejudice if an amended complaint is not filed by January18, 2008.. Signed by Judge Neil V Wake on 1/4/08.(DMT, )
March 17, 2008
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ORDERED that Defendant Orbital Sciences Corporation's Motion to Dismiss 45 is granted with respect to Counts VI and VII and denied with respect to Count V. Count VI is dismissed with leave to amend, and Count VII is dismissed with prejudice. ORDERED that the court's order of 1/4/08 is vacated with respect to Count IV, which is dismissed with prejudice, except that the allegations in paragraphs 139 through 146 of the original complaint can be re-alleged as part of Count III. ORDERED that Count VI will be dismissed with prejudice if an amended complaint is not filed by 3/24/08. Signed by Judge Neil V Wake on 3/14/08.(TLJ)
May 9, 2008
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ORDER - IT IS ORDERED that Defendant Orbital Sciences Corporation's 57 Motion to Dismiss Count VI of the Second Amended Complaint for Failure to Plead Fraud with Particularity (Rule 9(b)) is granted and Count VI is dismissed with prejudice. Signed by Judge Neil V Wake on 5/9/08. (SAT)