Summary
providing that not only fraud claims, but also claims for reckless misrepresentation must comply with the particularized pleading requirements of Rule 9(b)
Summary of this case from Ascente Bus. Consulting, LLC v. DR MyCommerceOpinion
Civil No. 06-4562 (PJS-JJG).
September 27, 2007
ORDER
This matter is before the undersigned upon the report and recommendation of the United States Magistrate Judge. No objections have been filed to that report and recommendation in the time period permitted. Based on the report and recommendation of the Magistrate Judge, and being duly advised of all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. ABM's motion to dismiss (Doc. No. 16) is GRANTED IN PART AND DENIED IN PART.
2. The following claims in the third party complaint are DISMISSED WITHOUT PREJUDICE.
a. Counts III, V, VI, and VII in their entirety.
b. Count I only to the extent it is founded on a theory of fraud.