New England Industrial Sales, LLC v. Star SU, LLC

Filing 25

ORDER Granting Defendant Star Cutter Company's 16 Motion to Dismiss andGranting in Part and Denying in Part Defendants Star SU, LLC and Star SU Company, LLC's 15 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NEW ENGLAND INDUSTRIAL
SALES, LLC,
Plaintiffs,

Case No. 18-cv-11052
Hon. Matthew F. Leitman

v.
STAR SU, LLC, et al.,
Defendants.
__________________________________________________________________/
ORDER GRANTING DEFENDANT STAR CUTTER COMPANY’S
MOTION TO DISMISS (ECF #16) AND GRANTING IN PART AND
DENYING IN PART DEFENDANTS STAR SU, LLC and STAR SU
COMPANY, LLC’S MOTION TO DISMISS (ECF #15)
On January 22, 2019, the Court held a hearing on Defendant Star Cutter
Company’s motion to dismiss (ECF#16) and Defendants Star SU, LLC and Star SU
Company, LLC’s motion to dismiss (ECF #15). For the reasons stated on the record,
IT IS HEREBY ORDERED THAT:
 Defendant Star Cutter Company’s motion to dismiss (ECF #16) is
GRANTED, and all claims against this Defendant in the First Amended
Complaint are dismissed with prejudice.
 Defendants Star SU, LLC and Star SU Company, LLC’s motion to dismiss
(ECF #15) is GRANTED with respect to the following claims in the First
Amended Complaint: Count II (seeking exemplary damages, attorney fees,
1

and costs under the Illinois Sales Representative Act), Count III (unjust
enrichment), and Count V (accounting).

These three claims against

Defendants Star SU, LLC and Star SU Company, LLC are dismissed with
prejudice.
 Defendants Star SU, LLC and Star SU Company, LLC’s motion to dismiss
(ECF #15) is DENIED with respect to the following claims in the First
Amended Complaint: Count I (breach of contract) and Count IV (declaratory
judgment). Those claims remain pending against Defendants Star SU, LLC
and Star SU Company, LLC.
 Plaintiffs shall not be permitted to amend the First Amended Complaint
because they declined to amend when given the opportunity by the Court to
do so during the September 28, 2018, telephonic status conference.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: January 22, 2019
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on January 22, 2019, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

2