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07-169 - ELINA ADOPTION SERVICES, INC. V. CAROLINA ADOPTION SERVICES, INC. ET AL


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07-169 - ELINA ADOPTION SERVICES, INC. V. CAROLINA ADOPTION SERVICES, INC. ET AL
March 5, 2007
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ORDER GRANTING IN PART and DENYING IN PART 4 Motion to Dismiss, or Alternatively 4 Motion to Transfer Case. Defendant's Motion to Transfer is GRANTED and this action is transferred to the Middle District of North Carolina for resolution. Defendant's 5 Motion for Hearing is DENIED. Signed by Judge William S. Duffey Jr. on 3/5/07. (kt) [Transferred from gand on 3/8/2007.]
May 2, 2007
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ORDER signed by Judge P. TREVOR SHARP on 5/2/07, that Plaintiff's motion(Pleading No. 19) is GRANTED and that Louis R. Cohan is allowed to enter a special appearance as co-counsel in the captioned matter. (Welch, Kelly)
August 25, 2008
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MEMORANDUM OPINION signed by CHIEF JUDGE JAMES A. BEATY, JR on 8/25/2008 that because Plaintiff has filed an Amended Complaint, Defendants' Motion to Dismiss Plaintiff's Original Complaint (Doc. #15) will be DENIED as moot. More appropriately before the Court is Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Doc.#24). With respect to Defendants' Motion to Dismiss Plaintiff's Amended Complaint, the Court finds that Plaintiff has established a prima facie case for its claims of breach of contract, defamation, civil conspiracy, tortious interference with a contract, and unfair and deceptive trade practices, and has sufficiently stated a claim for attorney's fees and punitive damages. Therefore, Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Doc.#24) pursuant to Rule 12(b)(6) for failure to state claim upon which relief may be granted will also be DENIED. An Order consistent with this Memorandum Opinion will be filed contemporaneously herewith. (Lee, Lisa)