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16-463 - Strategic Energy Concepts, LLC v. Otoka Energy, LLC et al


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16-463 - Strategic Energy Concepts, LLC v. Otoka Energy, LLC et al
November 18, 2016
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REPORT AND RECOMMENDATION re 44 Joint MOTION to Dismiss/General should be GRANTED IN PART AND DENIED IN PART. All claims in Plaintiff Strategic Energy's Amended Complaint (Doc. No. 5) as to which Defendants' motion is GRANTED should be DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(6). Objections to R&R due by 12/2/2016. Signed by Magistrate Judge Becky R. Thorson on 11/18/16. (AKL) (Additional attachment(s) added on 11/18/2016: # (1) Restricted Unredacted Report and Recommendation) (MKG). Modified text on 11/18/2016 (MKG).
January 3, 2017
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ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated November 18, 2016 58. 2. Defendants' Joint Motion to Dismiss 44 is GRANTED IN PART and DENIED IN PART as follows: a. Defendants' motion to dismiss Count 1: Breach of Contract is DENIED; b. Defendants' motion to dismiss Count 2: Breach of Fiduciary duty is DENIED; c. Defendants' motion to dismiss Count 3: Breach of Covenant of Good Faith and Fair Dealing is DENIED; d. Defendants' motion to dismiss Count 4: Tortious Interference with Contract is DENIED; e. Defendants' motion to dismiss Count 5: Unjust Enrichment is GRANTED IN PART with respect to Plaintiff's claim for unjust enrichment against Otoka and BVBD, and otherwise DENIED; f. Defendants' motion to dismiss Count 6: Tortious Interference with Prospective Economic Advantage is GRANTED; g. Defendants' motion to dismiss Count 7: Promissory Estoppel is GRANTED; h. Defendants' motion to dismiss Count 8: Aiding and Abetting is DENIED; and i. Defendants' motion to dismiss Count 9: Civil Conspiracy is GRANTED. 3. All claims in Plaintiff's Amended Complaint 5 as to which Defendants' motion is GRANTED are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(6). (Written Opinion). Signed by Judge Michael J. Davis on 1/3/17. (GRR)