Lizard Apparel and Promotions LLC v. Impact Design LLC et al

Filing 66

DECISION AND ENTRY SUSTAINING DEFENDANTS IMPACT DESIGN LLC, d/b/a ALLCUSTOMWEAR.COM, AND JOSHUA BATZ'S MOTION TO DISMISS CLAIMS II, Ill, IV, V, VI, VIII AND IX OF PLAINTIFFS LIZARD APPAREL AND PROMOTIONS, LLC, AND ELIZABETH L. LYBROOK'S SEC OND AMENDED COMPLAINT (DOC. # 33 ); CLAIMS II (DETRIMENTAL RELIANCE/PROMISSORY ESTOPPEL), Ill (UNJUST ENRICHMENT), IV (TORTIOUS INTERFERENCE WITH CONTRACT, V (ACCOUNTING), VI (BREACH OF FIDUCIARY DUTY}, VIII (PUNITIVE DAMAGES) AND IX (INJUNCTIVE REL IEF) OF THE SECOND AMENDED COMPLAINT (DOC. #29) ARE DISMISSED WITH PREJUDICE, AND JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS ON THOSE CLAIMS; PLAINTIFFS' PRAYER FOR INJUNCTIVE RELIEF IS STRICKEN; PLAINTIFFS MAY , WITHIN FOURTEEN DAYS OF THIS ENTRY, FILE A THIRD AMENDED COMPLAINT THAT SETS FORTH AN APPROPRIATE PRAYER FOR INJUNCTIVE RELIEF; PLAINTIFFS' CLAIMS ONE (BREACH OF CONTRACT} AND SEVEN (DEFAMATION) AGAINST DEFENDANTS SHALL PROCEED TO DISCOVERY. Signed by Judge Walter H. Rice on 5/11/17. (pb)