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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, )
June 27, 2018
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ORDER denying as moot 71 Motion to Dismiss without prejudice to reassert in an appropriate motion applicable arguments as they pertain to the 84 amended counterclaim. Signed by Chief Judge William Keith Watkins on 6/27/2018. (wcl, )