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10-568 - IHFC PROPERTIES, LLC v. APA MARKETING, INC., et al


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10-568 - IHFC PROPERTIES, LLC v. APA MARKETING, INC., et al
February 24, 2012
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MEMORANDUM OPINION AND ORDER re: 13 MOTION to Dismiss for Improper Venue; MOTION to Transfer for Improper Venue. IT IS THEREFORE ORDERED that the Order and Recommendation of the United States Magistrate Judge (Doc. 24) is AFFIRMED as to IHFC's motion to strike (Doc. 20) and that Whalen's objections as to its motion to dismiss and/or transfer venue (Doc. 13) are OVERRULED. IT IS FURTHER ORDERED that Defendant Whalen's Motion to Dismiss for Improper Venue (Doc. 13) is DENIED; Whalen's alternative motion to Transfer for Improper Venue (28 U.S.C. § 1406(a)) (Doc. 13) is DENIED; and Whalen's alternative motion to Transfer for Convenience (28 U.S.C. § 1404(a)) (Doc. 13) is DENIED. Signed by JUDGE THOMAS D. SCHROEDER on 2/24/2012. (Solomon, Dianne)
January 14, 2014
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MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 01/14/2014 as set out herein. ORDERED that IHFC shall have and recover of APA Marketing, Inc., $172,470.51, plus a late fee of $8,623.53, plus interest at the contract rate of one and one-half percent per month from May 1, 2009, until the date of Judgment, plus reasonable attorneys' fees of $25,870.57 pursuant to N.C. Gen. Stat. § 6-21.2(2), and costs. FURTHER that Whalen shall be jointly and severally liable for, and IHFC shall have and recover of Whalen, $172,470.51, plus costs, for use of the Lease space on the basis of quasi-estoppel. A separate Judgment will issue.(Taylor, Abby)