Chile River, Inc. v. Lockhart Seeds, Inc.

Filing 86

ORDER by District Judge Kenneth J. Gonzales denying 44 Defendant Kamterter Products, LLC's Motion to Dismiss. (tah)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CHILE RIVER, INC. MARK FRANZOY, and WILLIAM FRANZOY, Plaintiffs/Counter-Defendants, v. Civ. No. 16-866 KG/GJF Consolidated with Civ. No. 16-867 KG/GJF and Civ. No. 16-868 KG/GJF LOCKHART SEEDS, INC., Defendant/Counter-Plaintiff, and KAMTERTER PRODUCTS, LLC, Defendant. ORDER This matter comes before the Court upon Defendant Kamterter Products, LLC’s Motion to Dismiss, filed December 8, 2017. (Doc. 44). Plaintiffs filed a response on May 15, 2018, and Defendant Kamterter Products, LLC (Kamterter) filed a reply on June 5, 2018. (Docs. 74 and 80). On December 21, 2018, the Court held a telephonic hearing on the Motion to Dismiss to announce its ruling on the Motion. At the telephonic hearing, Casey Stevenson represented Plaintiffs, A. Blair Dunn represented Lockhart Seeds, Inc., and Laura Ackermann represented Kamterter. Having considered the Motion to Dismiss and the accompanying briefing, and for the reasons stated on the record at the December 21, 2018, telephonic hearing, IT IS ORDERED that Defendant Kamterter Products, LLC’s Motion to Dismiss (Doc. 44) is denied. ________________________________ UNITED STATES DISTRICT JUDGE 2

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