Georgi v. Griffin et al

Filing 19

ORDER Denying 5 and 15 Motions to Dismiss by Defendant Robert E. OConnor and this case will go forward on the allegations in the first amended complaint, by Judge Richard P. Matsch on 10/28/2011.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 11-cv-02126-RPM MARY L. GEORGI, Plaintiff, v. THOMAS L. GRIFFIN, JAMES L. McVEY, and ROBERT E. O’CONNOR, Defendants. _____________________________________________________________________ ORDER DENYING MOTIONS TO DISMISS BY DEFENDANT ROBERT E. O’CONNOR _____________________________________________________________________ On September 6, 2011, Defendant Robert E. O’Connor filed a motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(6). The plaintiff filed a first amended complaint on September 20, 2011, and on October 4, 2011, Defendant Robert E. O’Connor filed a motion to dismiss the claim of fraudulent inducement in the first amended complaint and incorporated by reference his earlier filed motion to dismiss the claim of breach of personal guarantee in the original complaint. On review of the allegations in the first amended complaint, it is ORDERED that the two motions to dismiss filed by Defendant Robert E. O’Connor are denied and this case will go forward on the allegations in the first amended complaint. DATED: October 28th, 2011 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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