Vista Food Exchange, Inc. v. Champion Foodservice, L.L.C. et al

Filing 44

OPINION re: 31 FIRST MOTION to Dismiss for Lack of Jurisdiction as to First Amended Complaint. filed by Linda Atkinson, Tyrone Weithman, Champion Foodservice, L.L.C., Ashley Simpson, BC&G Weithman Construction Co., Inc., 35 MOTION for Discovery Jurisdictional and for Continuance of Motion to Dismiss. filed by Vista Food Exchange, Inc. The motions of Champion, Weithman and Simpson to dismiss the Amended Complaint for lack of jurisdiction are granted, the mot ion of BC&G to dismiss the Amended Complaint for lack of jurisdiction is denied, the motion of BC&G to dismiss the Amended Complaint for failure to adequately allege breach of contract, money had and received, and unjust enrichment is granted, and the Amended Complaint is dismissed with prejudice. The motion of Vista for jurisdictional discovery is denied. It is so ordered. (As further set forth within this Opinion.) (Signed by Judge Robert W. Sweet on 8/18/2015) (ajs)