Eastman Chemical Company v. AlphaPet Inc. et al

Filing 91

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Motion to Dismiss filed by AlphaPet Inc., Indorama Polymers PCL, Indorama Polymers Workington Ltd., Indorama Polymers Rotterdam BV, Indorama Holdings Rotterdam BV, 75 Report and Recommendations. (Defendant's 19 Motion to Dismiss GRANTED as to breach of contract claim; granted without prejudice as to claim for breach of implied confidentiality; and denied in all other respects). Signed by Judge Leonard P. Stark on 12/9/2011. (rpg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EASTMAN CHEMICAL COMPANY,
Plaintiff,
Civil Action No. 09-971-LPS-CJB

v.
ALPHAPET INC., ET AL.,
Defendants.

ORDER
WHEREAS, Magistrate Judge Burke issued a Report and Recommendation (D.I. 75)
dated November 4, 2011;
WHEREAS, the Report and Recommendation recommends that the Court GRANT
Defendants' motion to dismiss (D.I. 15) the breach of contract claim against IRP and to dismiss
the claim for breach of an implied contractual term of confidentiality without prejudice, but
otherwise DENY the motion.
WHEREAS, any Objections to the Report and Recommendation were to be filed by
November 21, 2011;
WHEREAS, neither party has filed an Objection to the Report and Recommendation;
WHEREAS, the Court concludes that the Report and Recommendation should be
adopted for the reasons stated by Magistrate Judge Burke;
NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation
(D.I. 75) is ADOPTED.
Defendants' motion to dismiss (D.I. 15) is (i) GRANTED as to the breach of contract
claim against IRP, (ii) GRANTED WITHOUT PREJUDICE as to the claim for breach of an

implied contractual term of confidentiality, and (iii) DENIED in all other respects.

Dated: December 9, 2011
UNITED STATES DISTRICT JUDGE

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