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16-299 - Phoenix Capital Group, LLC v. Western Express Inc. et al


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16-299 - Phoenix Capital Group, LLC v. Western Express Inc. et al
October 12, 2016
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ENTRY OF DEFAULT: The Clerk hereby enters default against Third-Party Defendant FJ Logistics, LLC pursuant to Federal Rule of Civil Procedure 55(a). Third-Party Plaintiff may now proceed with a motion for default judgment pursuant to the appropriate subsection of Federal Rule of Civil Procedure 55(b). Signed by Clerk of Court, Keith Throckmorton on 10/12/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 24, 2017
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MEMORANDUM AND ORDER: For the foregoing reasons, Amazon's Motion to Dismiss (Doc. No. 37) is GRANTED IN PART with regard to the breach of contract claim and DENIED IN PART with respect to the unjust enrichment claim. Western's Motion to Dismiss (Doc. No. 38) is DENIED. Phoenix's breach of contract claim against Amazon is DISMISSED WITH PREJUDICE. Pursuant to Federal Rule of Civil Procedure 19(a)(2), the Court ORDERS that FJ Logistics be made a party. Phoenix shall amend its Amended Complaint to add FJ Logistics as a party within fourteen days of the date of this Order. Defendants shall file a responsive pleading within fourteen days of the date Phoenix serves its next Amended Complaint. FED. R. CIV. P. 12(a)(4)(A). Signed by District Judge Waverly D. Crenshaw, Jr on 1/24/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)