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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE

CASS JV, LLC, et al.

PLAINTIFFS

v.

CIVIL ACTION NO. 3:12-CV-359

HOST INTERNATIONAL, INC., et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER

Currently pending before the court are a motion by the plaintiffs to remand this action to the Jefferson County, Kentucky, Circuit Court (DN 9); a motion by the plaintiffs for attorneys fees (DN 10); a motion by the defendants for leave to file a sur-reply (DN 15); and a motion by the defendants for leave to file a supplemental brief (DN 17). Each of the four motions has been fully briefed, and the motions are ripe for resolution. On April 22, 2011, plaintiff CASS JV, LLC ("CASS") filed this action in the Jefferson County Circuit Court against defendants Host International, Inc. ("Host") and GW Tinsley, LLC. The dispute in this case concerns a joint venture partnership between Host and CASS to operate food and beverage concession facilities at Louisville International Airport. According to the complaint, CASS contributed significant additional capital to the partnership pursuant to an oral contract with Host, in exchange for which Host agreed to bid on a new concession at the airport with CASS. However, when the airport authority subsequently issued an invitation for proposals for a new concession

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