Pia v. Supernova Media et al

Filing 184

MEMORANDUM DECISION denying 121 Motion to Dismiss. See order for additional details. Signed by Judge Clark Waddoups on 10/6/11. (jmr)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

JOSEPH G. PIA, an individual,
Plaintiff,

ORDER and MEMORANDUM
DECISION

vs.

SUPERNOVA MEDIA, INC., a New York
corporation, et al.,
Defendants.
__________________________________
SUPERNOVA MEDIA, INC., a New York
corporation, et al.,
Counterclaimants,
vs.
JOSEPH G. PIA,
Counterclaim Defendant.
__________________________________
SUPERNOVA MEDIA, INC., a New York
corporation, et al.,
Third-Party Plaintiffs,
vs.
BENNETT TUELLER JOHNSON &
DEERE, LLC, a Utah limited liability
company, et al.,
Third Party Defendants.

Case No. 2:09-cv-840 CW

Now before the court is a motion to dismiss counterclaims and third party claims (Dkt.
No. 121). For the reasons set forth at the hearing on this motion held on October 5, 2011, the
court DENIES that motion.
Mr. Pia is granted leave, however, to file an additional motion to dismiss the seventh
cause of action (declaratory judgment) stated in the counterclaim against Mr. Pia. Such a motion
to dismiss that cause of action shall be granted on the condition that Mr. Pia submit a filing in
which he disclaims any lien or other interest in the film at issue in this action.
DATED this 6th day of October, 2011.
BY THE COURT:

______________________________
Clark Waddoups
United States District Court Judge

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