Bentley Industries, Inc. v. Longevity Network, LLC et al

Filing 112

ORDER that 78 Longevity's Motion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that 79 Bentley's Motion to Dismiss is GRANTED in part and DENIED in part. Longevity has 10 days leave to file a motion for leave to amend counterclaim. Signed by Judge Jennifer A. Dorsey on 8/19/2014. (Copies have been distributed pursuant to the NEF - EDS)

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4
5

Bentley Industries, Inc.,

6

Plaintiff,

7

v.

8
9

Longevity Network, LLC, et al.,

Case No.: 2:12-cv-1067-JAD-NJK
Order re:
Motion for Summary Judgment [Doc. 78]
Motion to Dismiss [Doc. 79]

Defendants.

10

___________________________________

11

ALL RELATED CLAIMS

12
13

Based upon the findings and conclusions stated on the record during the August 18, 2014,

14

hearing on Longevity’s motion for summary judgment [Doc. 78] and Bentley’s motion to dismiss

15

[Doc. 79], IT IS HEREBY ORDERED that:

16

Longevity’s motion for summary judgment [Doc. 78] is DENIED;

17

Bentley’s motion to dismiss [Doc. 79] is GRANTED in part and DENIED in part:

18

1.

claims should be dismissed;

19
20

2.

It is GRANTED as to Counts VII, VIII, and X on statute-of-limitations
grounds;

21
22

It is GRANTED as to Counts I, II, and VI, as Longevity concedes that these

3.

It is GRANTED as to Count XII for failure to plead fraud with particularity;

23

Longevity has 10 days leave to file a motion for leave to amend its

24

counterclaim to plead Count XII with greater particularity;

25
26
27
28

4.

It is DENIED as to Counts III, IV, V, IX, XI, XIII, and XIV.

DATED August 19, 2014.
_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE