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16-2926 - Express Lien Inc v. Nationwide Notice Inc


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16-2926 - Express Lien Inc v. Nationwide Notice Inc
December 5, 2016
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ORDERED that Defendant's 22 Motion to Dismiss for Failure to State a Claim, Motion to Strike Claim for Attorneys' Fees, and Motion for Award of Attorneys' Fees is GRANTED in part and DENIED in part. It is FURTHER ORDERED that the motion to dismiss Plaintiff's trade dress infringement claim is DENIED. It is FURTHER ORDERED that the motions to dismiss Plaintiff's breach of contract and LUTPA claims are GRANTED. Plaintiff's breach of contract and LUTPA claims are DISMISSED WITHOUT PREJUDICE. Plaintiff is granted leave to file a second amended complaint with respect to the LUTPA and breach of contract claims within 21 days of this Order. It is FURTHER ORDERED that the motion to dismiss Plaintiff's fraud claim is GRANTED. Plaintiff's fraud claim is DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that the motion to strike Plaintiff's claim for attorneys' fees and treble damages pursuant to Plaintiff's LUTPA claim is GRANTED. It is FURTHER ORDERED that the motion for award of attorneys' fees and costs is DENIED. It is FURTHER ORDERED that Defendant's 8 Partial Motion to Dismiss for failure to State a Claim, Motion to Strike Claim for Attorneys' Fees and Treble Damages, and Motion for Award of Attorneys Fees and Costs is DENIED as moot. Signed by Judge Carl Barbier. (gec)
March 23, 2017
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ORDER AND REASONS. It is ORDERED that Defendant's Partial Motion to Dismiss (Rec. Doc. 33) is GRANTED. It is FURTHER ORDERED that Plaintiff's defamation claim is DISMISSED WITHOUT PREJUDICE. Plaintiff is granted leave to file a third amended complaint to cure the defect in the defamation claim within twenty-one days of this Order. Signed by Judge Carl Barbier on 3/20/2017. (gec)