Hostingxtreme Ventures LLC v. Bespoke Group LLC et al

Filing 391

ORDER ACCEPTING 384 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's 359 Motion for Partial Summary Judgment is DENIED. Defendant Bespoke Group LLC's and Divyesh Patel's Joint 332 Motion for Summa ry Judgment is GRANTED on the plaintiff's claims for breach of contract, attorneys' fees under Tex. Civ. Prac. & Rem. Code § 38.001, breach of the implied covenant of good faith and fair dealing, promissory estoppel, interference wit h contractual obligations, negligent misrepresentation, and common law fraud based upon the defendants' misrepresentations on shipping delays, and DENIED on the plaintiffs claim for common law fraud based upon the defendants' pre-contract representations on dried green pea inventory, and it remains pending for trial. (Ordered by Chief Judge Barbara M.G. Lynn on 9/11/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HOSTINGXTREME VENTURES, LLC
and DOES 1 through 10 inclusive,
Plaintiffs,
v.
BESPOKE GROUP, LLC, DIVYESH
PATEL, and HINA PATEL, and DOES
1 through 10 inclusive,
Defendants.

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Civil Action No. 3:14-CV-1471-M

Referred to U.S. Magistrate Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions
to which objections have been made, I am of the opinion that the Findings and Conclusions of the
Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Plaintiff’s Motion for Partial Summary Judgment, filed April 6, 2017, (doc. 359) is
DENIED. Defendants Bespoke Group, LLC’s and Divyesh Patel’s Joint Motion for Summary
Judgment, filed February 24, 2017, (doc. 332) is GRANTED on the plaintiff’s claims for breach of
contract, attorneys’ fees under Tex. Civ. Prac. & Rem. Code § 38.001, breach of the implied
covenant of good faith and fair dealing, promissory estoppel, interference with contractual
obligations, negligent misrepresentation, and common law fraud based upon the defendants’
misrepresentations on shipping delays, and DENIED on the plaintiff’s claim for common law fraud
based upon the defendants’ pre-contract representations on dried green pea inventory, and it remains
pending for trial.

SIGNED this 11th day of September, 2017.

_________________________________
BARBARA M. G. LYNN
CHIEF JUDGE