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Other Fraud | Georgia Northern
Order on Motion to Dismiss for Failure to State a Claim
ORDER. Defendants' Motion to Dismiss (Doc. 24 ) is GRANTED IN PART and DENIED IN PART. Defendants' Motion to Dismiss is GRANTED to the extent that it seeks to dismiss the following aspects of Plaintiff's fraud claim (Count I): sales-drop allegations, lease assignment allegations, undisclosed-contracts/rebates and unpaid-vendors allegations and the following aspects of Plaintiff's first breach of contract claim (Count II): sales drop allegations, lease assignment allegations, and the condition or utility of the vehicles in light of the APA's as is provision. Defendants' Motion to Dismiss is also GRANTED on Plaintiff's Tortious Interference in Business Relations cause of action (Count IV). Defendants' Motion to Dismiss is DENIED to the extent it seeks dismissal of the following portions of Plaintiff's fraud claim (Count I): truck status and maintenance and Plaintiff's employee non-compete allegations, and the following portions of Plaintiff's first breach of contract claim (Count II): failure to maintain business in the ordinary course, employee non-competition agreements, undisclosed-contracts/rebates and unpaid-vendors allegations.Defendants' Motion to Dismiss is also DENIED to the extent it seeks dismissal of Plaintiff's breach of contract claim against the Individual Defendants (Count III). Defendants are DIRECTED to file their Answer(s) to Plaintiff's Amended Complaint NO LATER THAN 21 DAYS after the entry of this Order. Signed by Judge Victoria M. Calvert on 8/24/2026. (ltt)
Labor: Labor/Mgt. Relations | Virginia Western
Order on Motion to Stay
ORAL ORDER. Defendants' joint motion to stay the deadlines in the Amended Scheduling Order, see Dkts. 46 , 57 , is DENIED. The Court will issue a Second Amended Scheduling Order in light of the Second Amended Complaint. Entered by Senior Judge Norman K. Moon on August 19, 2026. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Order mailed to Pro Se Party via US Mail.) (ca)
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