Deliverance Poker, LLC v. Tiltware, LLC et al

Filing 55

MOTION to Dismiss Cause of Action for Failure to State a Claim Pursuant to Rule 12(b)(6) by Tiltware, LLC. (Attachments: # 1 Proposed Order).

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Deliverance Poker, LLC v. Tiltware, LLC et al Doc. 55 Att. 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DELIVERANCE POKER, LLC, Plaintiff, v. MICHAEL MIZRACHI and TILTWARE, LLC, Defendants. § § § § § § § § § § CIVIL ACTION NO. 1:10-CV-00664-JRN ORDER Before the Court is Defendant Tiltware, LLC's Motion to Dismiss Cause of Action for Failure to State a Claim Pursuant to Rule 12(b)(6). After considering the motion, and the response from Plaintiff, the Court is of the opinion that the motion should be GRANTED. IT IS THEREFORE ORDERED that pursuant to Fed. R. Civ. P. 12(b)(6), Plaintiff's Fifth Count in the Third Amended Complaint is dismissed in its entirety and with prejudice. SIGNED this _____ day of March, 2011. ______________________________ JAMES R. NOWLIN UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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