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16-8669 - Progressive Waste Solutions of LA, Inc. v. St.Bernard Parish Government


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16-8669 - Progressive Waste Solutions of LA, Inc. v. St.Bernard Parish Government
June 24, 2016
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ORDER & REASONS that the Plaintiff's 2 Motion for Preliminary Injunction is hereby DENIED. IT IS FURTHER ORDERED that the parties shall attend a telephone status conference on Monday, June 27, 2016, at 8:30 a.m. Signed by Judge Eldon E. Fallon on 6/23/16. (dno)
August 9, 2016
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ion for Summary Judgment on Intervenor's Contract is GRANTED. IT IS FURTHER ORDERED that St. Bernard's 57 Motion for Summary Judgment as to the Invalidity of the PWS Contract is GRANTED. IT IS FURTHER ORDERED that St. Bernard's 54ORDER & REASONS that Pelican's38 Motion for Summary Judgment Finding Plaintiff's Contract Invalid is GRANTED. IT IS FURTHER ORDERED that Pelican's 39 Motion for Summary Judgment on the Validity of Pelican's Contract and the Right of St. Bernard Parish Government to Pay It is DENIED since the Pelican contract is invalid. IT IS FURTHER ORDERED that PWS' 46 Motion for Summary Judgment on 2013 Time Contract is DENIED. IT IS FURTHER ORDERED that PWS' 48 Mot Motion for Summary Judgment as to the Invalidity of the Pelican Contract is DENIED. IT IS FURTHER ORDERED that PWS' 63 Motion to Dismiss for Failure to State a Claim in Counterclaim is GRANTED IN PART. The Motion is GRANTED insofar as PWS seeks to dismiss St. Bernard's prayers for relief stemming from the invalidity of the second SDT contract. IT IS FURTHER ORDERED that PWS' 65 Motion for Summary Judgment on Counterclaim is DENIED. IT IS FURTHER ORDERED that PWS' 61 Motion to Strike Certain of Defendant's Witnesses, R. 61, is DENIED, reserving PWS the right to re-urge if necessary. The Court has continued the case, so PWS' principal objections are moot. Signed by Judge Eldon E. Fallon on 8/9/16. (dno)
April 12, 2017
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ORDERED that the SDT Defendants' 101 106 Motions to Dismiss are GRANTED in part and DENIED in part. They are GRANTED as they relate to PWSs claim that Section 9.7 of the Purchase Agreement includes a duty to indemnify. They are DENIED as they relates to PWSs claims that the SDT Defendants owe indemnification because the counterclaims arise from a misrepresentation or omission in the Purchase Agreement. FURTHER ORDERED that PWS's 109 Motion for Summary Judgment is DENIED. FURTHER ORDERED that the parties contact the case manager, Dean Oser, to set a scheduling conference with the Court. Signed by Judge Eldon E. Fallon on 4/11/2017. (Reference: 16-8669, 16-15830)(cms)
December 21, 2017
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ORDER & REASONS that PWS's 125 Motion for Summary Judgment is DENIED. Signed by Judge Eldon E. Fallon on 12/21/2017. (cms)