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16-2630 - Cooper et al v. Gates


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16-2630 - Cooper et al v. Gates
March 7, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Pursuant to 28 U.S.C. ยง 636(b), the district court has referred Defendant's Motion to Dismiss [ECF No. 8] for findings and recommendation. The undersigned respectfully recommends that the district court should GRANT Defendant's Motion to Dismiss [ECF No. 8] Plaintiffs' fraudulent inducement and promissory estoppel claims. The district court should dismiss Plaintiffs conversion claim without prejudice. The district court should DENY Defendants Motion to Dismiss Plaintiffs' claims for breach of contract, unjust enrichment, money had and received, and attorney's fees. (see order) (Ordered by Magistrate Judge Paul D Stickney on 3/7/2017) (mcrd)
August 11, 2017
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ORDER: The court determines that the 12 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. The court grants Defendant's 8 Motion to Dismiss with respect to Plaintiffs' fraudulent inducement and promissory estoppel claims, and the court dismisses with prejudice these claims; denies the motion with respect to Plaintiffs' breach of contract, unjust enrichment, and money had and received claims; denies Plaintiffs' request for attorney's fees; and dismisses without prejudice Plaintiffs' conversion claim. Plaintiffs' claims for breach of contract, unjust enrichment, and money had and received remain for trial. (Ordered by Judge Sam A Lindsay on 8/11/2017) (sss)