Opinion
Civil Action 4:20-cv-02310
01-24-2023
QUINTILLION SUBSEA OPERATIONS, LLC, Plaintiff, v. MARITECH PROJECT SERVICES, LTD., AND MARITECH INTERNATIONAL, LTD, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
SIM LAKE, SENIOR UNITED STATES DISTRICT JUDGE
Having reviewed the Magistrate Judge's Memorandum and Recommendation dated January 9, 2023 (ECF 51) and no objections having been filed thereto, the Court is of the opinion that said Memorandum and Recommendation should be adopted by this Court.
It is therefore ORDERED that the Magistrate Judge's Memorandum and Recommendation is hereby ADOPTED by this Court. It is ORDERED that Defendants' Motion to Dismiss Plaintiffs Claim for Violation of the Alaska Unfair Trade Practices Act (ECF 36) be GRANTED IN PART WITHOUT PREJUDICE and DENIED IN PART; Count II of Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to plead with particularity under Federal Rule of Civil Procedure 9(b); Defendants' Motion to Dismiss Plaintiff s claims as barred by the Intertstate Commerce Clause or preempted by general maritime law (ECF 36) is DENIED WITHOUT PREJUDICE. Plaintiff must file an amended complaint which satisfies the requirements of Federal Rule of Civil Procedure 9(b) within 14 days of the entry of this Order.