Phillips v. Reed Group, LLC et al

Filing 50

MEMORANDUM & ORDER adopting 43 Report and Recommendations. This Court concurs with Magistrate Judge Freeman's Report and Recommendation and hereby adopts it, in its entirety, as the Order of this Court. Accordingly, Defendants' motion to dismiss is GRANTED in part and DENIED in part as follows: Defendants' motion to dismiss is GRANTED as to Defendant Peter Nagel's for lack of personal jurisdiction. Defendants' motion to dismiss Plaintiff's promissory estoppel c laim is DENIED as it relates to the alleged promise of an equity interest in the LLC. Defendants' motion to dismiss Plaintiff's promissory estoppel claim is otherwise GRANTED. Defendants' motion to dismiss Plaintiff's breach of fi duciary duty claim is DENIED as it relates to the alleged joint ventures and Plaintiff's alleged equity interest in the LLC and otherwise GRANTED. Plaintiff is hereby granted leave to amend his negligent representation claim to comply with Fede ral Rules of Civil Procedure 9(b). Defendants' motion to dismiss is otherwise DENIED. This Court declines to rule on Plaintiff's motion in limine [dkt. 49] at this time. (Signed by Judge Richard Owen on 6/26/2013) (tro) Modified on 7/1/2013 (tro).