RED BARN MOTORS, INC. et al v. NEXTGEAR CAPITAL, INC. et al

Filing 92

ORDER ADOPTING REPORT AND RECOMMENDATIONS NextGear's Motion to Dismiss Pursuant to Rule 12(b)(6) for Failure to State a Claim [dkt. 10 ] is DENIED and that First Choice's Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted, or, Alternatively, Motion to Dismiss the Individual Plaintiffs and Motion for a More Definite Statement [dkt. 12 ] is DENIED. Signed by Judge Tanya Walton Pratt on 1/13/2016.(TRG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

RED BARN MOTORS, INC.,
DONALD B. RICHARDSON,
BARBARA A. RICHARDSON,
Plaintiffs,
vs.
NEXTGEAR CAPITAL, INC. as successor-ininterest to Dealer Services Corporation,
LOUISIANA’S FIRST CHOICE AUTO
AUCTION, L.L.C.,
Defendants.

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No. 1:14-cv-01589-TWP-DKL

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted her Report and Recommendation on Defendants’ motions
to dismiss. The parties were afforded due opportunity pursuant to statute and the rules of this Court
to file objections; none were filed. The Court, having considered the Magistrate Judge’s Report
and Recommendation, hereby adopts the Magistrate Judge’s Report and Recommendation.
NextGear’s Motion to Dismiss Pursuant to Rule 12(b)(6) for Failure to State a Claim [dkt. 10] is
DENIED and that First Choice’s Motion to Dismiss for Failure to State a Claim Upon Which
Relief May be Granted, or, Alternatively, Motion to Dismiss the Individual Plaintiffs and Motion
for a More Definite Statement [dkt. 12] is DENIED.

Date: 1/13/2016

Distribution:
David J. Jurkiewicz
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Steven D. Groth
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Lisa Brener
Brener Law Firm, LLC
[e-mail]
Cassie E. Felder
CASSIE FELDER & ASSOCIATES, LLC
[e-mail]
Joshua P. Melder
CASSIE FELDER & ASSOCIATES, LLC
[e-mail]