N'Genuity Enterprises Co. v. Pierre Foods, Inc., et al
| Arizona District Court | |
| Case #: | 2:09-cv-00385 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1331 Fed. Question: Breach of Contract |
| Case Filed: | Feb 25, 2009 |
| Terminated: | Sep 30, 2013 |
Counter Claimant
Norb Woodhams Jr.
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Counter Claimant
Norb Woodhams Sr.
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Counter Claimant
Pierre Foods Incorporated
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Counter Claimant
Timothy Denning
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Counter Defendant
N'Genuity Enterprises Company
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Defendant
Amy Denning
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Defendant
Kimberly A Woodhams
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Defendant
Norb Woodhams Jr.
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Defendant
Norb Woodhams Sr.
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Defendant
Pierre Foods Incorporated
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Defendant
Pierre Hold Company Incorporated
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Defendant
Tanya V Woodhams
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Defendant
Timothy Denning
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Defendant
Unknown Denning
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Defendant
Unknown Woodhams
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Plaintiff
N'Genuity
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Plaintiff
N'Genuity Enterprises Company
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GPO
Sep 09 2009
ORDER granting in part and denying in part 18 Motion to Dismiss; Claim Five (fraudulent inducement) against Pierre Foods is DISMISSED WITH PREJUDICE; all claims against Pierre Foods based on events occurring prior to 12/12/08, are DISMISSED WITH PREJUDICE; Claim Two (breach of the duty of good faith and fair dealing) against all Defendants is DISMISSED WITH PREJUDICE to the extent that it relies on pre-contract actions; Claim Three (fraudulent misrepresentation) against all Defendants, Claim Four (fraudulent concealment and nondisclosure) against all Defendants, and Claim Five (fraudulent inducement) against the Individual Defendants are DISMISSED WITHOUT PREJUDICE; Claim Nine (defamation, libel, and slander) and Claim Ten (trade libel and slander) are DISMISSED WITHOUT PREJUDICE to the extent that they are asserted against Defendants Woodhams Sr and Woodhams Jr. Signed by Judge G Murray Snow on 9/99/09.(REW, ) |
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GPO
Oct 05 2009
ORDER that Defendants file a response to the 48 MOTION for Clarification and/or Reconsideration on or before 10/22/09. Signed by Judge G Murray Snow on 10/2/09. (REW, ) |
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GPO
Jan 05 2010
ORDER that Defendants' Motion 48 for Reconsideration is DENIED. Signed by Judge G Murray Snow on 1/5/10.(KMG) |
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GPO
Aug 02 2010
ORDER granting in part and denying in part 59 Motion to Dismiss. The following claims are dismissed. In all other respects, the Motion is denied. Claims 1 and 2 are dismissed as against the Individual Defendants with prejudice. As against Pierre Foods, Claims 1 and 2 are not dismissed to the extent only that these counts are based on the Pierre Foods' post-discharge conduct. As against Pierre Foods, the Court reiterates that Claim 5 has been dismissed with prejudice. Claims 3,4 and the remainder of Claim 5 are not dismissed only to the extent that any claims may not have been fairly cotemplated prior to the discharge date. Claim 9 is dismissed as against Defendants Woodhams Jr. and Woodhams Sr. without prejudice. Claim 11 is dismissed as against Defendant Denning only. Claim 12 is dismised as against the Individual Defendants Signed by Judge G Murray Snow on 7/30/10.(TLJ) |