As American As Doughnuts v. Patton et al, No. 2:2010cv01138 - Document 122 (D. Utah 2012)

Court Description: MEMORANDUM DECISION and Order-denying 69 Motion to Dismiss for Failure to State a Claim ; denying 71 Motion to Dismiss for Failure to State a Claim ; granting 81 Motion to Dismiss for Failure to State a Claim. The court also gives As American As Doughnuts leave to file an amended counterclaim, which should be filed on or before August 6, 2012. See order for details. Signed by Judge Clark Waddoups on 7/10/12. (jmr)
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IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION AS AMERICAN AS DOUGHNUTS, INC., MEMORANDUM DECISION AND ORDER Plaintiff, v. Case No. 2:10-cv-01138-CW MICHAEL J.T. PATTON, d.b.a. SPUDOS DONUTS & MORE, et al., Judge Clark Waddoups Defendants. Before the court are As American As Doughnuts, Inc. and Douglas E. Bagley s (hereinafter referred to collectively as As American As Doughnuts ) motion to dismiss MPOTHA Corporation s ( MP-OTHA ) supplemental complaint (Dkt. No. 69), As American As Doughnuts motion to dismiss the claims against Douglas E. Bagley (Dkt. No. 71), and MPOTHA s motion to dismiss the first and second counterclaims plead in As American As Doughnuts answer to MP-OTHA s supplemental complaint (Dkt. No. 81). The court heard oral arguments on these motions on July 10, 2012. Timothy Dudley appeared on behalf of As American As Doughnuts and Alan Edwards and Richard Nordgren appeared on behalf of MPOTHA. For the reasons set forth on the record, the court DENIES As American As Doughnuts motion to dismiss MP-OTHA Corporation s ( MP-OTHA ) supplemental complaint (Dkt. No. 69), DENIES As American As Doughnuts motion to dismiss the claims against Douglas E. Bagley (Dkt. No. 71), and GRANTS MP-OTHA s motion to dismiss the first and second 1   counterclaims plead in As American As Doughnuts answer to MP-OTHA s supplemental complaint (Dkt. No. 81). The court also gives As American As Doughnuts leave to file an amended counterclaim, which should be filed on or before August 6, 2012. SO ORDERED this 10th day of July, 2012. BY THE COURT: ____________________________________ Clark Waddoups United States District Judge  2