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)

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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 2

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