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17-1034 - Eastern Materials Corporation et al v. Mitsubishi Plastics Composites America, Inc.


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17-1034 - Eastern Materials Corporation et al v. Mitsubishi Plastics Composites America, Inc.
September 19, 2017
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MEMORANDUM OF DECISION & ORDER - For the reasons stated above, the Defendant's 7 motion to dismiss the Plaintiffs' claims for breach of contract and express warranty pursuant to Rule 12(b)(6) is granted without prejudice. The Court denies without prejudice the Plaintiffs' request for leave to amend as procedurally improper, and grants the Plaintiffs leave to renew their request to file an amended complaint in a manner consistent with FED. R. CIV. P. 15 within thirty days of the date of this decision. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 9/19/2017. (Coleman, Laurie)
April 4, 2018
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MEMORANDUM OF DECISION & ORDER granting in part and denying in part 15 motion to amend. For the reasons stated above, it is hereby ORDERED, that the Plaintiffs' motion to amend is granted to the extent that the Court accepts the SAC as it pertains to the breach of contract claim; and it is further ORDERED, that the Plaintiffs motion to amend is otherwise denied; and it is further ORDERED, that the Plaintiffs' breach of warranty claim is hereby dismissed. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 4/4/2018. (Coleman, Laurie)