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15-1279 - ST. GERMAIN v. NUTRIMOST, LLC et al


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15-1279 - ST. GERMAIN v. NUTRIMOST, LLC et al
August 5, 2016
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ORDER. For the reasons stated in the Memorandum Order filed herewith, the Partial Motion to Dismiss (Doc. 9) is GRANTED IN PART and DENIED IN PART. The motion (Doc. 9) is DENIED insofar as it seeks dismissal of Count IV for unjust enrichment against Defendant Nutrimost Doctors. As stated in the Memorandum Order, the Court construes Plaintiff's Count VIII for equitable relief as a request for an equitable remedy for the remaining claims, but not as a separate cause of action. Insofar as Defendants seek to dismiss Count VIII, the motion is DENIED. In all other respects, the motion (Doc. 9) is GRANTED. Consistent with the foregoing, the following claims are hereby DISMISSED WITHOUT PREJUDICE to Plaintiff filing an amended complaint in light of the discussions set forth in the Memorandum Order: Count III; Count V; Count VI; and Count VII. Plaintiff may file an amended pleading as a matter of course on or before August 15, 2016, consistent with the principles discussed in the Memorandum Order and the mandates of Rule 11. Failure to file an amended complaint by this date will result in these claims being dismissed with prejudice. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 8/5/16. (rld)
January 17, 2017
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ORDER. For the reasons stated in the Memorandum and Order filed herewith, Defendants' Partial Motion to Dismiss (Doc. 26) is GRANTED IN PART and DENIED IN PART. The Partial Motion to Dismiss (Doc. 26) is DENIED as moot insofar as Defendants seek to dismiss Count VII, which the Court has construed as a request for an equitable remedy, and GRANTED in all other respects. Defendant Dr. Raymond Wisniewski is hereby DISMISSED from this action. The remaining Defendants shall file an answer to the surviving counts (Counts I, II, and IV) in the Amended Complaint (Doc. 23) on or before January 31, 2017. Signed by Judge Cathy Bissoon on 1/17/2017. (kg)
May 5, 2017
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MEMORANDUM AND ORDER. For the reasons stated in the Memorandum and Order filed herewith, Plaintiff's Motion for Voluntary Dismissal of Count VIII Without Prejudice (Doc. 44) is GRANTED. Count VIII of the Amended Complaint is hereby DISMISSED without prejudice. Signed by Judge Cathy Bissoon on 5/5/2017. (kg)