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Cubberley v. Egleson

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Mar 26, 2012
CIVIL ACTION NO. 11-10844-GAO (D. Mass. Mar. 26, 2012)

Opinion

CIVIL ACTION NO. 11-10844-GAO

03-26-2012

LORETTA CUBBERLEY, Plaintiff, v. JAN EGLESON, FUND FOR THEATRE AND FILM, INC., and ROBERT PATTON- SPRUILL and PATRICIA MORENO d/b/a FILMSHACK, INC., Defendants.


OPINION AND ORDER

O'TOOLE, D.J.

The pending motions to dismiss (dkt. nos. 12 and 13) are premised on the proposition that the relevant agreements unambiguously foreclose the plaintiff's claims. The agreements are not unambiguous. At the very least, their proper interpretation may be profitably informed by industry custom and practice. Consequently, it cannot be said that the plaintiff has failed to state claims upon which relief can be granted. The motions are therefore DENIED.

Prior versions of the present motions (dkt. nos. 8 and 9) were mooted by the filing of the second motions.

It is SO ORDERED.

George A. O'Toole, Jr.

United States District Judge


Summaries of

Cubberley v. Egleson

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Mar 26, 2012
CIVIL ACTION NO. 11-10844-GAO (D. Mass. Mar. 26, 2012)
Case details for

Cubberley v. Egleson

Case Details

Full title:LORETTA CUBBERLEY, Plaintiff, v. JAN EGLESON, FUND FOR THEATRE AND FILM…

Court:UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Date published: Mar 26, 2012

Citations

CIVIL ACTION NO. 11-10844-GAO (D. Mass. Mar. 26, 2012)