WEH Magic Valley Holdings v. EIH Parent et al

Filing 161

ORDERED: Defendants motion to dismiss counts II through V of 2nd Amended Complaint are denied without prejudice, as limited by the terms of this order. If, and to the extent, either party contends that issues directed to Counts 2-5 of 2nd Amended C omplaint remain pending and unresolved, such party shall have to and including 9/15/2017 to file additional briefing directed solely to such unresolved issues. Optional response briefs due by 9/22/2017. Signed by Judge Sam E Haddon on 9/11/2017. (DED)

FILED
SEP 1 1 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
WEH Magic Valley Holdings, LLC, a
limited liability corporation,
No. CV-15-50-H-SEH
Plaintiff,
vs.

ORDER

EIH Parent, LLC, a limited liability
company and James Carkulis, an
individual,
Defendants.
Defendants EIH and James Carkulis' Motion to Dismiss Counts I (in Part),
and II through V of Plaintiffs Second Amended Complaint and to Dismiss James
Carkulis 1 filed on November 4, 2016, remained pending when renewed crossmotions directed to Counts II-V were filed on July 14, 2017. 2 The July 14, 2017,
cross-motions were denied, for reasons stated by Order and Memorandum of
September 5, 2017. 3

1

Doc. No. 89.

2

Doc. Nos. 142 and 146.

3

Doc. No. 160.

Issues raised by Defendants' Motion to Dismiss Counts II through V of
Plaintiffs Second Amended Complaint4 asserted on November 4, 2016, and
renewed on July 14, 2017, 5 appear to have been embraced by and within the issues
pending when the September 5, 2017, Order and Memorandum were issued. 6 In
the interest of clarification of the record for purposes of consideration for
remammg issues,
ORDERED
Defendants EIH and James Carkulis' motion7 to dismiss counts II through V
of Plaintiffs Second Amended Complaint8 are denied without prejudice, as
limited by the terms of this order.
If, and to the extent, either party now contends that issues directed to Counts

II through V of the Second Amended Complaint which were raised in Defendants'
motion to dismiss counts II through V of the Second Amended Complaint dated
November 4, 2016, remain pending and unresolved, such party shall have to and
including September 15, 201 7, in which to file an additional brief directed solely
4

5

Doc. No. 89.
Doc. Nos. 142 and 146.

6

Doc. No. 160.

7

Doc. No. 89.

8

Doc. No. 82.
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to such unresolved issues. Optional response briefs shall be filed on or before
September 22, 201 7.

.,

DATED this / / day of September~:
7

~~f//YltL~
~ME.HADDON

United States District Judge

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