PETERBILT OF INDIANA, INC. v. UTILITY TRAILERS OF INDIANAPOLIS, INC. et al

Filing 39

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson - On November 1, 2012, the Court held oral argument on Defendants/Counter-Plaintiff Utility Trailer of Indianapolis, Inc. and Harold Riddle's (collectively, "UTI") Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. [Dkt. 19 .] The parties were represented by counsel. Accordingly, the Court DENIED UTI's motion to dismiss. [Dkt. 19 .] Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
PETERBILT OF INDIANA, INC.,
Plaintiff/Counter-Defendant,
vs.
UTILITY TRAILERS OF INDIANAPOLIS, INC., et
al.,
Defendants/Counter-Plaintiffs.

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1:12-cv-769-JMS-DKL

ORDER
On November 1, 2012, the Court held oral argument on Defendants/Counter-Plaintiff
Utility Trailer of Indianapolis, Inc. and Harold Riddle’s (collectively, “UTI”) Motion to Dismiss
for Lack of Jurisdiction and for Failure to State a Claim. [Dkt. 19.] The parties were represented
by counsel, and the Court Reporter was Jean Knepley.
For the reasons stated in detail on the record, the Court finds that it has diversity jurisdiction over this action, specifically that the requisite amount in controversy is present. See Am.’s
MoneyLine, Inc. v. Coleman, 360 F.3d 782, 786 (7th Cir. 2004) (holding that in suits seeking equitable remedies, the amount in controversy is determined by the value to the plaintiff of the object of the litigation”). Moreover, accepting all well-pled facts as true and drawing all permissible inferences in favor of Plaintiff Peterbilt of Indiana, Inc. (“Peterbilt”), as the Court is required
to do when ruling on a motion to dismiss, Active Disposal Inc. v. City of Darien, 635 F.3d 883,
886 (7th Cir. 2011), and for the reasons stated in detail on the record, the Court finds that Peterbilt’s Complaint states a claim for relief that is plausible on its face. Accordingly, the Court
DENIED UTI’s motion to dismiss. [Dkt. 19.]

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11/01/2012
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution via ECF only:
Erin M. Cook
GODFREY KAHN, S.C.
[e-mail]
John Lentz Kirtley
GODFREY & KAHN
[e-mail]
Vilda Samuel Laurin III
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Richard A. Mann
[e-mail]
Joel T. Nagle
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Todd Douglas Small
RICHARD A. MANN, P.C.
[e-mail]

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