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15-236 - Sellers v. Renewable Fuels, LLC et al


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15-236 - Sellers v. Renewable Fuels, LLC et al
June 3, 2015
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MEMORANDUM OPINION AND ORDER as follows: 1. The 2 Motion to Dismiss is GRANTED as to the claims against John F. Colquitt and John F. Colquitt is dismissed without prejudice. The Motion to Dismiss is DENIED as to the claim for punitive damages. 2. The Plaintiff is given until 6/15/2015, to file a new Amended Complaint which is complete unto itself in accordance with M.D. Ala. Local Rule 15.1, and which sets out separate claims against each of the two Defendants. If the Plaintiff does not file an Amended Complaint, the case will proceed only against Renewable Fuels, LLC. Signed by Honorable Judge W. Harold Albritton, III on 6/3/2015. (dmn, )
August 13, 2015
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MEMORANDUM OPINION AND ORDER as follows: 1. The 14 Motion to Dismiss is GRANTED as to the breach of fiduciary duty claim in Count IV and that claim is DISMISSED as further set out in the opinion and order. 2. The Motion to Dismiss is DENIED in all other respects as further set out in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 8/13/2015. (dmn, )
February 23, 2016
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ORDER directing as follows: (1) the 32 and 34 Motions to Continue are GRANTED; (2) the 33 motion to withdraw will be granted upon the entry of a notice of appearance by new counsel for the defendants; the defendants are ORDERED to secure new counsel no later than 3/21/2016; (3) current counsel of record for the defs are ORDERED to immediately provide the defs' addresses to the Clerk; (4) directing the clerk to serve copies of this order upon Renewale Fuels, LLC and John F. Colquitt at the addresses provided by counsel of record, and current counsel of record are ORDERED to advise Renewable Fuels, LLC and John F. Colquitt of this order by the fastest available method, and to file with the court a Notice that that has been done. Signed by Honorable Judge W. Harold Albritton, III on 2/23/16. (djy, )
June 28, 2016
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MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that the Motions for Partial Summary Judgment (Doc. #45, 46) are DENIED. The case will proceed to trial on all pending claims. Signed by Honorable Judge W. Harold Albritton, III on 6/28/2016. (kh, )
October 11, 2016
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FINDINGS OF FACT AND CONCLUSIONS OF LAW: it is hereby ORDERED as follows: 1. The court finds in favor of Philip Sellers and against the Defendant Renewable Fuels, LLC on Plaintiff's claim for Breach of Joint Venture Agreement/Contract and assesses damages at $34,255.03 plus $5,253.48 in interest. 2. The court finds in favor of Philip Sellers against John F. Colquitt on a breach of contract claim and assesses damages at $95,058.23 plus $14,172.91 in interest. 3. The court finds in favor of John F. Colquitt and Renewable Fuels, LLC on all other claims. 4. Judgment will be entered accordingly, with costs taxed against the Defendants. Signed by Honorable Judge W. Harold Albritton, III on 10/11/2016. (kh, )
October 11, 2016
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JUDGMENT: In accordance with the Orders entered in this case on this day and on August 13, 2015 (Doc. #18), Judgment is entered in favor of Philip Lightfoot Sellers and against Renewable Fuels, LLC in the amount of $39,508.51. Judgment is also entered against in favor of Philip Lightfoot Sellers and against John F. Colquitt in the amount of $109,231.14. Judgment is entered in favor of the Defendants and against Philip Lightfoot Sellers on the claims for promissory fraud, suppression, unjust enrichment, and breach of fiduciary duty. Costs are taxed against the Defendants. Signed by Honorable Judge W. Harold Albritton, III on 10/11/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )