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14-2706 - Atkins v. Calypso Systems Incorporated


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14-2706 - Atkins v. Calypso Systems Incorporated
April 1, 2015
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ORDER that Defendant's Motion to Dismiss Complaint (Doc. 9) is granted to the extent that the purported service of process is quashed for insufficient service of process. FURTHER ORDERED that Plaintiff may serve process on Defendant no later than 05/01/15. If by 05/04/15, Plaintiff has not filed proof of service of process, the Clerk shall terminate this case. See order for complete details. Signed by Judge Neil V. Wake on 4/1/15. (NKS)
October 8, 2015
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ORDER that Defendants' Motion to Dismiss First Amended Complaint (Doc. 37) is granted to the extent Plaintiff's claim for fraud fails to satisfy the pleading requirements under Federal Rule of Civil Procedure 9(b). Plaintiff's claim for fraud is dismissed with prejudice. The Motion is otherwise denied. See order for complete details. Signed by Judge Neil V. Wake on 10/8/15. (NKS)
March 16, 2017
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ORDER - IT IS THEREFORE ORDERED that Defendant's Motion for Recovery of Attorneys' Fees and Costs (Doc. 82) is granted as to attorneys' fees against plaintiff Barry M. Atkins in the amount of $58,750, plus such additional fees as may be claimed and awarded. IT IS FURTHER ORDERED that the motion (Doc. 82) is denied as to sanctions against Plaintiff's counsel. IT IS FURTHER ORDERED that Calypso may file by March 24, 2017, documentation in support of additional fees requested beyond the documentation supplied with the original motion. Atkins may file a response by March 31, 2017. Signed by Senior Judge Neil V Wake on 3/16/17. (LAD)