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08-1072 - Sta-Rite Industries, LLC v. Preferred Pump&Equipment, LP

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08-1072 - Sta-Rite Industries, LLC v. Preferred Pump&Equipment, LP
August 14, 2008
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Memorandum Opinion and Order granting Preferred Pump's Motion to dismiss for lack of capacity. Plaintiff's complaint is dismissed without prejudice.(Related Doc # 17) If Preferred Pump desires to pursue its counterclaims in this Court, defendant is granted leave until 8/22/2008, to brief the Court on whether counterclaims based on a complaint dismissed for lack of capacity survive the dismissal. Sta-Rite may respond by 8/29/2008. Still pending is Sta-Rites motion to dismiss Counts 1, 2, 3 and 5 of Preferred Pumps counterclaims. Preferred Pump is granted an extension of time to file its opposition to Sta-Rites motion until a date to be determined after the Court rules on the survival of Preferred Pumps counterclaims. Signed by Judge David D. Dowd, Jr on 8/14/2008.(P,G)