Cyclonaire Holding Corp. v. Baker et al

Filing 73

ORDER approving 72 Stipulation; granting 71 Motion for Leave. As to Defendant Quick, claims 9-12 are dismissed without prejudice to Plaintiff moving to amend its complaint if discovery reveals that Defendant Quick participated in alleged fraud. Defendant Quick's amended answer shall be filed on or before August 30, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CYCLONAIRE HOLDING CORP., a
Delaware Corporation;
4:16CV467
Plaintiff,
ORDER

vs.
DONALD E. BAKER, As Sellers'
Representative; et. al,
Defendants.
IT IS ORDERED:
1)

The parties’ stipulation, (Filing No. 72), is granted.

2)
Defendant Quick’s motion for leave to file an amended answer and
partial motion to dismiss (Filing No. 71) is granted as follows:
a.

Plaintiff's claims against Defendant Quick for fraudulent and
negligent misrepresentations, conspiracy, and aiding and
abetting fraud ("Claims 9-12"), are dismissed without prejudice
to Plaintiff moving to amend its complaint if discovery reveals
that Defendant Quick participated in alleged fraud.

b.

Defendant Quick’s amended answer shall be filed on or before
August 30, 2017.

August 23, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge