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FOC FINANCIAL LTD. v. NATIONAL CITY COMMERCIAL CAPITAL CORP.

No. CV-08-0851-PHX-ROS.

612 F.Supp.2d 1080 (2009)

FOC FINANCIAL LIMITED PARTNERSHIP, Plaintiff, v. NATIONAL CITY COMMERCIAL CAPITAL CORPORATION, Defendant.

United States District Court, D. Arizona.

April 14, 2009.

Attorney(s) appearing for the Case

Robert J. Ducomb, Jr., Ducomb Law Firm, Phoenix, AZ, for Plaintiff.

Jeffrey A. McKee, Davis, McKee & Forshey, PLLC, Matthew Douglas Saxe, Davis McKee, PLLC, Phoenix, AZ, for Defendant.

ORDER

ROSLYN O. SILVER, District Judge.

Background

On March 31, 2008, Plaintiff filed a Complaint in Arizona state court alleging breach of contract, unjust enrichment and conversion claims against Defendant (Doc. 1 Ex. 1). On May 5, 2008, Defendant removed the action to this Court, pursuant to the diversity jurisdiction and removal statutes (Doc. 1). On May 9, 2008, Defendant filed a Motion to Dismiss, which was denied on August 28, 2008 (Docs...

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