Opinion
5:23-cv-00802
04-26-2023
HARBOR BUSINESS COMPLIANCE CORP., Plaintiff, v. FIRSTBASE.IO, INC., Defendant.
ORDER
JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE
AND NOW, this 26th day of April, 2023, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT:
1. The Motions to Dismiss, ECF Nos. 18 and 22, are GRANTED in part and DENIED in part as follows:
A. The request to dismiss Counts III, IV, and the first Count V (Common Law Unfair Competition) is DENIED.
B. The request to dismiss the second Count V (Unjust Enrichment) is GRANTED.
C. The second Count V (Unjust Enrichment) is DISMISSED with prejudice.
The Complaint includes two counts labeled “Count V.” The first Count V begins on page 47 of the Complaint and is for “Common Law Unfair Competition.” The second Count V begins on page 49 of the Complaint and is for “Unjust Enrichment.” The Opinion refers to the second Count V as Count VI.
2. Within fourteen days of the date of this Order, Defendant shall file an answer to the remaining counts of the Complaint. See Fed.R.Civ.P. 12(a)(4)(A).