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- ilnd;;1:07-cv-02706_de28 RegisterActionDate "2007-09-27" @default.
- ilnd;;1:07-cv-02706_de28 RegisterActionDescriptionText "MINUTE entry before Judge John F. Grady: Defendant Olin Corporation's motion to dismiss Count IV of the plaintiff's complaint 12 is denied. Count IV charges that Olin violated its obligations as bailee of the copper cathodes in question. Paragraph 29 of the complaint, incorporated in Count IV, makes clear that the plaintiff does not know whether the cathodes were received by Olin or what happened to them if they were not received by Olin. The complaint charges four difference defendants on alternative theories, which is appropriate under the circumstances alleged in paragraph 29. The major premise of Olin's motion to dismiss is that because the cathodes were never delivered to Olin, Kennecott, rather than plaintiff's subrogor, Bal Metals, remained the owner of the cathodes and the only party with standing to sue for their loss. But whether Olin received the cathodes is a question of fact that this court cannot decide on a motion to dismiss. Another ground for Olin's motion is based on its interpretation of Exhibit 1 attached to its motion, establishing, in Olin's view, that even if Olin had received the cathodes, titled passed to A.J. Oster rather than to Bal Metals. Plaintiff correctly points out that this is another factual question the court cannot determine on a motion to dismiss. The parties should proceed with discovery and the case is set for a status conference on 12/5/07 at 10:30 a.m. to set a date for the close of discovery. Mailed(vmj, ) (Entered: 09/28/2007)" @default.
- ilnd;;1:07-cv-02706_de28 AdministrativeID "30" @default.
- ilnd;;1:07-cv-02706_de28 OntologyLabel minute_entry @default.
- ilnd;;1:07-cv-02706_de28 hasReferenceToOtherEntry ilnd;;1:07-cv-02706_de10 @default.