Coldwell Banker Real Estate, LLC v. Brian Moses Realty, Inc. et al
Filing
40
ORDER denying without prejudice 35 Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro. (jna)
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE
Coldwell Banker Real Estate, LLC v. Brian Moses Realty, Inc., et al. Case No. 08-cv-50-PB
NOTICE OF RULING
Re:
Document No. 35, Motion to Dismiss
Ruling: The counterclaims are weak and are unlikely to survive a motion for summary judgment challenging their validity. Nonetheless, given the liberal standard of review that I must use at this stage of the proceedings, I cannot deny defendants the opportunity to develop their claims through discovery. The motion is denied without prejudice to the plaintiffs' right to renew its arguments in a properly supported motion for summary judgment. /s/ Paul Barbadoro Paul Barbadoro District Judge
December 1, 2008 cc: Stanley Norkunas, Esq. Aixa Maldonado-Quinones, Esq.
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