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07-1719 - Mecklenburg Farm, Inc. v. Anheuser-Busch, Inc. et al


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07-1719 - Mecklenburg Farm, Inc. v. Anheuser-Busch, Inc. et al
October 1, 2007
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ORDER granting Motion to transfer case. Clerk to transfer entire action EDMO and close file. Signed by Judge Timothy J. Corrigan (USDC/MDFL) on 10/1/07. (KLK)
May 22, 2008
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendants' Joint Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(1),12(b)(2) and 12(b)(6) for plaintiff's Lack of Standing under 11 USC 323(b), construed as an objection that plaintiff is not the real party in interest under Rule 17(a), Fed.R.Civ.P. is DENIED without prejudice.[Doc.79] IT IS FURTHER ORDERED that defendant Nutri-Turf's Amended Motion for Leave to File Counterclaim, or in the alternative, Third-Party Claim is DENIED without prejudice. [Doc. 86] IT IS FURTHER ORDERED that defendant Nutri-Turf's Motion for Leave to File a Counterclaim or in the Alternative to Join as an Additional Party Felicia S. Turner as Bankruptcy Trustee of the Estate of Ingo and Dorothy Krieg a/k/ Mecklenburg Farm is DENIED as moot. [Doc. 81] IT IS FURTHER ORDERED that plaintiff's motion for leave to file a first amended complaint is GRANTED. [Doc. 63] IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket plaintiff's First Amended Complaint, which was submitted as an attachment to the motion for leave. Defendants shall respond to the First Amended Complaint in the time allowed by Rule 12(a), Fed.R.Civ.P. IT IS FURTHER ORDERED that defendants' joint motion to dismiss plaintiff's complaint pursuant to Rule 12(b)(6) for failure to state a claim or cause of action or, in the alternative, to strike portions of plaintiff's prayer, is DENIED as moot.[Doc. 57] IT IS FURTHER ORDERED that plaintiff's motion to strike the defendants' joint motion to dismiss plaintiff's complaint is DENIED. [Doc. 65] IT IS FURTHER ORDERED that plaintiff shall, by June 20, 2008, submit affidavits or other evidence as required by this Memorandum and Order which shall establish (1)what was assigned to the Farm, and (2) that a valid assignment was made.. Signed by Honorable Charles A. Shaw on 5/22/2008. (MRC)
June 19, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to strike the defendants joint motion to dismiss plaintiffs complaint is DENIED. [Doc. 101] IT IS FURTHER ORDERED that plaintiff shall not file any other motion to strike in this action unless the motion is directed to a pleading, as that term is defined in Rule 7(a) of the Federal Rules of Civil Procedure. re:101 MOTION to Strike 94 Joint MOTION to Dismiss Case Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) for Failure to State a Claim of Action or, in the Alternative, to Strike Portions of Plaintiff's PrayerJoint MOTION to Di MOTION to Strike 94 Joint MOTION to Dismiss Case Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) for Failure to State a Claim of Action or, in the Alternative, to Strike Portions of Plaintiff's PrayerJoint MOTION to Di filed by Plaintiff Mecklenburg Farm, Inc. Signed by Honorable Charles A. Shaw on 6/19/08. (JWJ)
July 2, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendants' joint motion to dismiss is GRANTED in part and DENIED in part; the motion is GRANTED to the extent that Counts VI and X of plantiff's First Amended Complaint are DISMISSED without prejudice; and DENIED in all other respects. [Doc. 94] IT IS FURTHER ORDERED that defendants motion to strike Count IX is DENIED. [Doc. 94] IT IS FURTHER ORDERED that plaintiff is granted leave to file an amended complaint alleging fraud with the requisite particularity by July 22, 2008. IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint by that date, the Court will dismiss Counts VI and X of the First Amended Complaint with prejudice. Re:94 Joint MOTION to Dismiss Case Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) for Failure to State a Claim of Action or, in the Alternative, to Strike Portions of Plaintiff's PrayerJoint MOTION to Dismiss Case Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) for Failure to State a Claim of Action or, in the Alternative, to Strike Portions of Plaintiff's Prayer filed by Defendant Anheuser-Busch, Inc., Defendant Nutri-Turf, Inc. motion is GRANTED in part and DENIED in part. Signed by Honorable Charles A. Shaw on 7/2/2008. (NCL)