Vascular Ventures, LLC v. American Vascular Access, LLC et al

Filing 29

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS. The 2 MOTION to Transfer Venue is denied; the 3 MOTION to Dismiss pursuant to Rule 12(b)(1) is granted; the 4 MOTION to Dismiss pursuant to Rule 12(b)(6) is granted in part and denied in part as set out and the 7 MOTION to Remand filed by Vascular Ventures, LLC is denied. Signed by Judge Kristi K. DuBose on 12/28/2016. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
VASCULAR VENTURES, LLC
Plaintiff,

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v.
AMERICAN VASCULAR ACCESS,
LLC, et al.,
Defendants.

CIVIL ACTION 16-00481-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and there having been no objections filed, the Report and Recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated December 7, 2016, is
ADOPTED as the opinion of this Court.
As such, it is ORDERED that: Plaintiff’s Motion to Remand (Doc. 7) is DENIED;
Defendant’s Motion to Transfer is DENIED (Doc. 2); the AVA Affiliates and Nominal
Defendants’ Motion to Dismiss (Doc. 3) is GRANTED; and Defendants’ Motion to Dismiss
(Doc. 4) is GRANTED IN PART and DENIED IN PART as follows:
(Count One) Breach of Contract – Defendants’ Motion to Dismiss Plaintiff’s breach of
contract claim based on the Purchase Agreement is GRANTED and Defendants’ Motion
to Dismiss Plaintiff’s breach of contract claim based on the Side Letter Agreement is
DENIED;
(Count Two) Defendants’ Motion
misrepresentation claim is GRANTED;

to

Dismiss

Plaintiff’s

negligent/reckless

(Count Three) Defendants’ Motion to Dismiss Plaintiff’s promissory fraud claim is
DENIED;
(Count Four) Defendants’ Motion to Dismiss Plaintiff’s fraudulent suppression claim is
GRANTED;
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(Count Five) Defendants’ Motion to Dismiss Plaintiff’s fraud in the inducement claim is
GRANTED;
(Count Six) Defendants’ Motion to Dismiss Plaintiff’s civil conspiracy claim is
DENIED;
(Counts Seven and Eight) Defendants’ Motion to Dismiss Plaintiff’s claims for
intentional interference with business and contractual relations is GRANTED.
DONE and ORDERED this the 28th day of December 2016.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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