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14-3249 - Toomey v. Dahl


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14-3249 - Toomey v. Dahl
October 30, 2014
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ORDER: (1) Defendant's Motion to Transfer/Change Venue [Docket No. 3] is DENIED. (2) Defendant's Motion to Dismiss for Lack of Personal Jurisdiction [Docket No. 14] is DENIED. (3) Defendant's Motion to Dismiss for Failure to State a Claim [Docket No. 14] is GRANTED IN PART and DENIED IN PART as follows: (a) As to Counts One and Two (misrepresentation and breach of fiduciary duty), the motion is GRANTED and the claims DISMISSED. (b) As to Counts Three and Four (breach of contract and promissory estoppel), the motion is GRANTED with respect to Defendant's promise to compensate Plaintiff for the services she performed, and DENIED with respect to Defendant's promise to repay Plaintiff for the funds she advanced. (c) As to Counts Five and Six (unjust enrichment and conversion), the motion is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on October 30, 2014. (CBC)
February 17, 2016
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he settlement terms. (Written Opinion) Signed by Judge Joan N. Ericksen on February 17, 2016. (CBC) cc: Dahl on 2/17/2016 (JAM).ORDER: (1) Plaintiff's motion to enforce settlement and for attorney fees [Docket No. 58] is GRANTED. (2) Plaintiff is awarded $5,005 in attorney fees and costs from Defendant. (3) The Report and Recommendation [Docket No. 81] is ADOPTED. (4)This action is DISMISSED. (5) The Court reserves jurisdiction for forty-five days to permit any party to move to reopen the action, for good cause shown, or to submit and file a stipulated form of final settlement, or to seek enforcement of t