BROOKS AUTOMOTIVE GROUP, INC et al v. GENERAL MOTORS LLC

Filing 35

OPINION AND ORDER granting in part and denying in part 18 Motion to Dismiss for Failure to State a Claim.Defendants Motion to Dismiss Count I, violation of Section 12(b)(5) of the BVA, is granted, and Count I is dismissed. Defendants Motion to Dis miss Count II, asserting violation of Section 12(b)(3) of the BVA, as regards the claim for $850,000 in damages, is Granted, and the claim for $850,000 in damages is dismissed. Plaintiffs are granted leave to amend their Complaint as to Co unts I and II. Any amendment to Counts I and II by Plaintiffs shall be filed within fourteen (14) days. Defendants Motion to Dismiss Count III, Brooks Tortious Interference with Contract Claim and the claim for punitive damages contained within Coun t III, is granted, and Count III is dismissed. Defendants Motion to Dismiss Count IV, Brooks Breach of Good Faith and Fair Dealing Claim, is granted, and Count IV is dismissed. Amendment to Counts III and IV is deemed futile, given the legal insufficiencies of the claims for tortious interference with contract and breach of good faith and fair dealing. Defendant, GM, shall Answer by March 5, 2019. Signed by Judge Marilyn J. Horan on 2/5/2019. (bjl)