Fratelli Cosulich Unipessoal, S.A. v. Specialty Fuels Bunkering, LLC et al

Filing 88

ORDER ADOPTING 76 REPORT AND RECOMMENDATIONS re: 65 MOTION to Dismiss Counts Three, Four, Five, Six, Eight, Nine, Ten, and Eleven of the Third Amended Complaint for Failure to State a Claim filed by Bunkers International Corporatio n, AND 67 MOTION to Dismiss and Strike filed by Specialty Fuels BTU, LLC, F. Javier Brito. Defendant Bunkers International Corp's motion to dismiss (doc. 65 ) is DENIED. Defendant BTU and Brito's motion to dismiss (doc. 67 ) is GRANTED IN PART and DENIED IN PART as follows: granted with respect to Plaintiff's fraud in insolvency claim (Count VII), which is DISMISSED WITH PREJUDICE for failure to state a claim and denied in all other respects. Signed by Judge Kristi K. DuBose on 7/1/2015. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FRATELLI COSULICH UNIPESSOAL,
S.A. f/k/a FRATELLI COSULICH
CONSULTADORIA E PARTICIPACOES
UNIPESSOAL, LDA,
Plaintiff,
v.
SPECIALTY FUELS BUNKERING, LLC,
et al.,
Defendants.

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CIVIL ACTION NO. 13-00545-KD-C

ORDER
After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made,1 the recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated June 4, 2015, is ADOPTED as
the opinion of this Court.

Accordingly, it is ORDERED that:

1) the motion to dismiss filed by Defendant Bunkers International Corp. (Doc. 65) is
DENIED.
2) the motion to dismiss filed by Defendant Specialty Fuels BTU, LLC and Defendant F.
Javier Brito (Doc. 67) is GRANTED in part and DENIED in part as follows:
GRANTED as to Plaintiff’s fraud in insolvency claim (Count VII) which is DISMISED
WITH PREJUDICE for failure to state a claim, and DENIED in all other respects.
DONE and ORDERED this the 1st day of July 2015.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1 (Docs. 77, 78).

And including the response to the Objections filed by Plaintiff.

(Doc. 86).