Phx. Capital Grp., LLC v. W. Express Inc.

Full title: PHOENIX CAPITAL GROUP, LLC, Plaintiff, v. WESTERN EXPRESS INC., and…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

NO. 3:16-cv-00299

Date published: Jan 24, 2017

Fact:

Phoenix Capital Group, LLC (“Phoenix”), filed this action against Western Express, Inc. (“Western”), and Amazon.com, Inc. (“Amazon”), alleging state law causes of action. The Court has jurisdiction over this matter under 28 U.S.C. § 1332(a). (Doc. No. 34 at 1-2.) Before the Court are Western’s and Amazon’s motions to dismiss the Amended Complaint for failure to state a claim. (Doc. Nos. 37, 38.) For the following reasons, Amazon’s motion is GRANTED IN PART and DENIED IN PART, and Western’s motion is DENIED.

Issue:

CONCLUSION:

For the foregoing reasons, Amazon’s Motion to Dismiss (Doc. No. 37) is GRANTED IN PART with regard to the breach of contract claim and DENIED IN PART with respect to the unjust enrichment claim. Western’s Motion to Dismiss (Doc. No. 38) is DENIED. Phoenix’s breach of contract claim against Amazon is DISMISSED WITH PREJUDICE.

Pursuant to Federal Rule of Civil Procedure 19(a)(2), the Court ORDERS that FJ Logistics be made a party. Phoenix shall amend its Amended Complaint to add FJ Logistics as a party within fourteen days of the date of this Order. Defendants shall file a responsive pleading within fourteen days of the date Phoenix serves its next Amended Complaint. FED. R. CIV. P. 12(a)(4)(A).

IT IS SO ORDERED.

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