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17-990 - Macy's Incorporated v. H & M Construction Company Incorporated et al


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17-990 - Macy's Incorporated v. H & M Construction Company Incorporated et al
March 31, 2018
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ORDER denying 56 Motion to Strike. The Motion to Dismiss (Doc. 23) is granted in part on the grounds stated in this Order. The claim against H & M Architects/Engineers Inc. is dismissed with leave to amend. The claim against H & M Architects/Engineers Inc. is dismissed with leave to amend. If Plaintiff fails to file a First Amended Complaint on or before April 20, 2018, Defendant H & M Architects/Engineers Inc. will be dismissed with prejudice without further notice. If Plaintiff timely files a First Amended Complaint, Defendants shall have fourteen (14) days to file an answer and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P Logan on 3/31/18. (EJA)