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- gand;;1:16-cv-04023_de406 RegisterActionDate "2021-02-17" @default.
- gand;;1:16-cv-04023_de406 RegisterActionDescriptionText "ORDER: Part of the Court's prior Order 302 which ruled that AmFam had a duty to defend Mr. Almassud is hereby VACATED. Defendant Almassud's 366 Motion to Dismiss Plaintiff AmFam's Second Amended Complaint is GRANTED in part and DENIED in part. As to Counts I, III, IV, V, and VI, the Motion is GRANTED. Those claims are hereby DISMISSED. As to Count II (Breach of Contract), the Motion is GRANTED as to ¶ 153 of the Complaint and DENIED as to the rest. As to Count VII (Attorney's Fees), the motion is DENIED. Mr. Almassud is ORDERED to ANSWER the remaining claims in the Complaint as required by the rules and the foregoing. Afterward, the case will proceed on AmFam's remaining claims and Mr. Almassud's counterclaims. The Court deems that Mr. Almassud's Answer is separate from his already-existing counterclaims, so those claims need not and should not be reasserted as a matter of course in his responsive pleading. If Mr. Almassud wishes to refile or amend his counter-complaint, he must seek leave of the Court to do so. Signed by Judge Richard W. Story on 02/17/2021. (rsg) (Entered: 02/17/2021)" @default.
- gand;;1:16-cv-04023_de406 AdministrativeID "370" @default.
- gand;;1:16-cv-04023_de406 OntologyLabel dispositive @default.
- gand;;1:16-cv-04023_de406 OntologyLabel granting_motion_to_dismiss @default.
- gand;;1:16-cv-04023_de406 OntologyLabel order @default.
- gand;;1:16-cv-04023_de406 hasReferenceToOtherEntry gand;;1:16-cv-04023_de331 @default.
- gand;;1:16-cv-04023_de406 hasReferenceToOtherEntry gand;;1:16-cv-04023_de401 @default.