September 5, 2013
MORGAN TRUCK BODY, LLC, Plaintiff,
FREDRICKSON DISTRIBUTION LLC, Defendant. and RICHARD BACON, Defendant
JAMES KNOLL GARDNER, District Judge.
NOW, this 4th day of September, 2013, upon consideration of the following documents:
(1) Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint, which motion was filed November 23, 2012; together with
(A) Letter dated December 21, 2010 from Randy Jenkins, Vice-President of Strategic Corporate Sourcing, Morgan Corporation, to Mr. Rick Bacon, Fredrickson Distribution; and
(B) Memorandum of Law in Support of Defendants Fredrickson Distribution LLC and Richard Bacon's Motion to Dismiss Plaintiff's Second Amended Complaint;
(2) Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, which memorandum was filed by plaintiff on December 6, 2012;
(3) Second Amended Complaint, which Plaintiff filed on November 7, 2012; together with
(A) Exhibit A, Confidentiality and Non-Disclosure Agreement made on May 28, 2009 between plaintiff, Morgan Truck Body, LLC and defendant Fredrickson Distribution, LLC;
and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that Defendant's Motion to Dismiss is denied.
IT IS FURTHER ORDERED that defendants shall have until September 20, 2013 to file and serve an answer to the Second Amended Complaint.