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It's Intoxicating, Inc. v. Maritim Hotelgesellschaft Mbh

United States District Court, Third Circuit

July 31, 2013

IT'S INTOXICATING, INC., Plaintiff,
v.
MARITIM HOTELGESELLSCHAFT mbH and DANIELA ZIMMER, Defendants.

ORDER

MALACHY E. MANNION, District Judge.

IT IS HEREBY ORDERED:

1.) The motions to dismiss filed by defendants Zimmer, (Doc. No. 22), and Maritim, (Doc. No. 24), are GRANTED IN PART and DENIED IN PART.
2.) Defendants' Rule 12(b)(2) motions to dismiss for lack of personal jurisdiction, (Doc. No. 22; Doc. No. 24), are DENIED.
3.) Defendants' Rule 12(b)(3) motions to dismiss for improper venue, (Doc. No. 22; Doc. No. 24), are DENIED.
4.) Defendants' Rule 12(b)(6) motions to dismiss plaintiff's fraud claim, (Doc. No. 22; Doc. No. 24), will be GRANTED.
5.) Defendants' Rule 12(b)(6) motions to dismiss plaintiff's breach of contract claim, (Doc. No. 22; Doc. No. 24), will be DENIED.
6.) Defendants' Rule 12(b)(6) motions to dismiss plaintiff's unjust enrichment claim, (Doc. No. 22; Doc. No. 24), will be DENIED.
7.) Defendant Zimmer's Rule 12(b)(6) motion to dismiss plaintiff's conversion claim, (Doc. No. 22; Doc. No. 24), will be GRANTED.
8.) Defendants' Rule 12(b)(6) motion to dismiss plaintiff's request for compensatory damages, interest, and costs will be DENIED.
9.) Defendants' rule 12(b)(6) motion to dismiss plaintiff's request for punitive damages GRANTED.
10.) Defendants' rule 12(b)(6) motion to dismiss plaintiff's request for attorney's fees will be GRANTED without prejudice. Plaintiff may file a motion for attorney's fees with the court at the appropriate time pursuant to Federal Rule 54(d)(2)(B).

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