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12-cv-155

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Case Summary: Clarke County Development Corp. v. Affinity Gaming, LLC, et al., 12-cv-155 (S.D. Iowa)

On March 12, 2012, plaintiff Clarke County Development Corporation filed a complaint for declaratory relief against defendants Affinity Gaming, LLC and HGI-Lakeside, LLC in the Iowa District Court for Clarke County, which was removed to the United States District Court for the Southern District of Iowa on the basis of federal diversity jurisdiction and federal bankruptcy preemption. Plaintiff sought a declaration that defendants cannot assign the parties’ Management Agreement without its consent because the agreement is a personal service contract.

On April 20, 2012, defendants filed a motion to dismiss plaintiff’s complaint on the grounds that (1) plaintiff’s claim is precluded by adjudication in the bankruptcy case; and (2) the agreement is not a personal service contract. Defendants also moved to strike plaintiff’s claim for attorney’s fees. Plaintiff opposed the motion. On May 29, 2012, the court heard oral argument on the motion. On June 13, 2012, the court issued its memorandum and order, granting in part and denying in part defendants' motion to dismiss and granting defendants' motion to strike.

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Case Highlights

  • Notice of Removal filed 4/13/12 [Doc #1]
  • Motion to Dismiss/Motion to Strike filed 4/20/12 [Doc #2]
  • Response to Motion to Dismiss filed 5/7/12 [Doc #5]
  • Reply filed 5/14/12 [Doc #7]
  • Hearing on Motion 5/29/12
  • Order filed 6/13/2012 [Doc #11]

 

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.