BLAZEVICH v. STAR HOTELS, INC. et al

Filing 36

MEMORANDUM OPINION - For the reasons stated above, Defendants' Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(5) and 12(b)(6) (ECF No. 28 ) is GRANTED IN PART and DENIED IN PART. Defendants' Motion to Dismiss under Rule 12(b)(5) is DENI ED without prejudice, and Plaintiff shall make service on Defendant Andy Modi within sixty (60) days from the date of this order. The Court will GRANT Defendants' Motion to Dismiss as to Counts 3, 4, 5, 6, and 20 without leave to amend these cl aims. The Court will GRANT Defendants' Motion to Dismiss as to Counts 8, 9, 13, 14, 16 and 18, with leave to amend these claims to state cognizable claims. The Court will GRANT Defendants' Motion to Dismiss Counts 11 and 12 as to Defendan ts' Hemphill and Modi only, with leave to amend these claims to state cognizable claims. The Court will DENY Defendants' Motion to Dismiss as to Counts 7, 10, 15, 17 and 19 and Counts 11 and 12 as to Defendants Shilling and Star Hotels. These claims may proceed. An appropriate Order will follow, and as more fully stated in said Memorandum Opinion. Signed by Judge Stephanie L. Haines on 3/31/2021. (dlg)