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PHELAN HOLDINGS, INC. v. WENDYS INTERNATIONAL, INC.

Case No. 2:11-cv-392-FtM-DNF.

PHELAN HOLDINGS, INC., Plaintiff, v. WENDYS INTERNATIONAL, INC., JOHN DOES, JANE DOES and ABC COMPANIES, Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

July 23, 2012.

Attorney(s) appearing for the Case

Phelan Holdings, Inc., a Florida corporation doing business as Pincher's Crab Shack, Plaintiff, represented by Jennifer L. Whitelaw , Whitelaw Legal Group.

Wendy's International, Inc., an Ohio corporation, Defendant, represented by David K. Friedland , Friedland Vining, PA, Courtney S. Werner , Alston & Bird, LLP, David J Stewart , Alston & Bird, LLP, PRO HAC VICE, Jaime Rich Vining , Friedland Vining, PA & Jessica E. Lewis , Alston & Bird, LLP.

ORDER

CHARLENE EDWARDS HONEYWELL, District Judge.

This cause comes before the Court upon the Report and Recommendation filed by United States Magistrate Judge Elizabeth A. Jenkins on July 3, 2012 (Doc. 41). In the Report and Recommendation, Judge Jenkins recommends that the Court grant in part and deny in part Defendant Wendy's International, Inc.'s ("Defendant") Motion for Partial Dismissal of Plaintiff's Complaint, filed on December...

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