SWAN RACING COMPANY, LLC v. XXXTREME MOTORSPORT, LLC

Civil Action No. 5:14CV155-RLV.

SWAN RACING COMPANY, LLC, Plaintiff, v. XXXTREME MOTORSPORT, LLC JOHNATHAN COHEN, Defendants/Third-Party Plaintiffs, v. BRANDON DAVIS, Third-Party Defendant.

United States District Court, W.D. North Carolina, Statesville Division.

July 20, 2015.


Attorney(s) appearing for the Case

Swan Racing Company, LLC, Plaintiff, represented by Kerry Link Traynum , Alexander Ricks PLLC.

XXXtreme Motorsport, LLC, Defendant, represented by Drew Alan Richards , Copeland Richards, PLLC.

Johnathan Cohen, Defendant, represented by Drew Alan Richards , Copeland Richards, PLLC.

Johnathan Cohen, ThirdParty Plaintiff, represented by Drew Alan Richards , Copeland Richards, PLLC.

XXXtreme Motorsport, LLC, ThirdParty Plaintiff, represented by Drew Alan Richards , Copeland Richards, PLLC.

Johnathan Cohen, ThirdParty Plaintiff, represented by Drew Alan Richards , Copeland Richards, PLLC.

XXXtreme Motorsport, LLC, ThirdParty Plaintiff, represented by Drew Alan Richards , Copeland Richards, PLLC.

Brandon Davis, ThirdParty Defendant, represented by Kerry Link Traynum , Alexander Ricks PLLC.

Johnathan Cohen, Counter Claimant, represented by Drew Alan Richards , Copeland Richards, PLLC.

XXXtreme Motorsport, LLC, Counter Claimant, represented by Drew Alan Richards , Copeland Richards, PLLC.

Swan Racing Company, LLC, Counter Defendant, represented by Kerry Link Traynum , Alexander Ricks PLLC.

Johnathan Cohen, ThirdParty Plaintiff, represented by Drew Alan Richards , Copeland Richards, PLLC.

XXXtreme Motorsport, LLC, ThirdParty Plaintiff, represented by Drew Alan Richards , Copeland Richards, PLLC.

Brandon Davis, ThirdParty Defendant, represented by Kerry Link Traynum , Alexander Ricks PLLC.

Johnathan Cohen, Counter Claimant, represented by Drew Alan Richards , Copeland Richards, PLLC.

XXXtreme Motorsport, LLC, Counter Claimant, represented by Drew Alan Richards , Copeland Richards, PLLC.

Swan Racing Company, LLC, Counter Defendant, represented by Kerry Link Traynum , Alexander Ricks PLLC.


MEMORANDUM and ORDER

THIS MATTER comes before the Court on Defendants' Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) with respect to Plaintiff's Ninth Claim for Relief. Additionally, Plaintiff moves to dismiss...

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