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15-939 - Roberson Excavation, Inc. v. Dale County Water Authority et al (MAG2)


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15-939 - Roberson Excavation, Inc. v. Dale County Water Authority et al (MAG2)
September 9, 2016
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REPORT AND RECOMMENDATION of the Magistrate Jduge that the 5 and 7 MOTIONS TO DISMISS be GRANTED in part and DENIED in part; The motions should be granted as to the following claims: (1) Count I Breach of Contract on and before June 12, 2015 (except retainage) against DCWA, (2) Count II Tortious Interference with a Contractual Relationship on and before June 12, 2015 against CDG, (3) Count III Wrongful Termination of a Contract against both DCWA and CDG, and (4) Count IV Wrongful Misappropriation of Retainage Funds against both DCWA and CDG. The motions should be denied as to the remaining claims: (1) Count I: Breach of Contract against DCWA for post- June 12, 2015 actions and actions regarding the retainage funds and (2) Count II: Tortious Interference with a Contractual Relationship Against CDG for post- June 12, 2015 actions; Objections to R&R due by 9/23/2016. Signed by Honorable Judge Terry F. Moorer on 9/9/16. (djy, )
October 3, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 10/3/16. (djy, )
October 3, 2016
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of thecourt as follows: (1) ADOPTING 28 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) the defs' 5 and 7 MOTIONS TO DISMISS are granted as to (1) count I (breach of contract, on and before June 12, 2015 (except retainage), against defendant Dale County Water Authority); (2) count II (tortious interference with a contractual relationship, on and before 6/12/2015, against defendant CDG Engineers and Associates, Inc.); (3) count III (wrongful termination of a contract against both defendant Dale County Water Authority and defendant CDG Engineers and Associates, Inc.); and (4) count IV (wrongful misappropriation of retainage funds against both defendant Dale County Water Authority and defendant CDG Engineers and Associates, Inc.); These claims are dismissed without prejudice ; (3) the defs' 5 and 7 MOTIONS to Dismiss are denied as to (1) count I (breach of contract, actions and actions regarding the retainage funds post-6/12/2015, against defendant Dale County Water Authority); and (2) count II (tortious interference with a contractual relationship for actions post-6/12/2015, against defendant CDG Engineers and Associates, Inc.); this case is not closed, and is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 10/3/16. (Attachments: # (1) civil appeals checklist)(djy, )
December 22, 2017
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JUDGMENT: it is ORDERED that the 53 joint motion to dismiss is granted, and all claims against dft DCWA are dismissed with prejudice, with REI and DCWA to each bear its own costs; (DWCA remains a party to this action on its cross-claim against dft CDG Engineers and Associates.) DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 12/22/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
February 28, 2018
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ORDER denying as moot 59 Motion to Dismiss without prejudice to reassert applicable arguments as they pertain to the amended cross-claim. Signed by Chief Judge William Keith Watkins on 2/28/2018. (wcl, )