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08-426 - Klosek v. American Express Company, The et al


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08-426 - Klosek v. American Express Company, The et al
June 3, 2008
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REPORT AND RECOMMENDATION re 20 Amended MOTION to Dismiss Complaint and Amended Complaint for Failure to State a Claim and for Lack of Standing filed by Ameriprise Financial, Inc., Ameriprise Financial Services, Inc., 11 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by Ameriprise Financial, Inc., Ameriprise Financial Services, Inc., 21 MOTION to Dismiss Plaintiffs' Fifth Count for Tortious Interference with Contract filed by American Express Company, The, 13 MOTION to Dismiss Plaintiff's Fifth Count for Tortious Interference With Contract filed by American Express Company, The Objections to R&R due by 6/17/2008. Signed by Magistrate Judge Jeanne J. Graham on 6/3/08. (jdf)
August 26, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 48. IT IS ORDERED THAT:1.Defendants motions to dismiss [Docket Nos. 11, 13, 20, 21] are GRANTED.2.To the extent Plaintiffs seek a declaratory judgment regarding the covenants not to compete in their franchise agreements, the case is DISMISSED WITHOUT PREJUDICE.3.All other claims in Plaintiffs Amended Complaint are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Joan N. Ericksen on August 26, 2008. (slf) Modified on 8/27/2008 (jam).