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14-1185 - Eberhard Architects LLC v. Bogart Architecture, Inc. et al


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14-1185 - Eberhard Architects LLC v. Bogart Architecture, Inc. et al
August 29, 2014
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Memorandum Opinion and Order: the Motion to Dismiss filed by defendant FirstMerit Bank (Doc. 61) is GRANTED on the basis that plaintiff fails to state a claim against this defendant. For this same reason, Defendant Guenther Mechanical, Inc.'s Motion to Dismiss Pursuant to Rule 12(b)(6) (Doc. 56) is GRANTED. The Court further finds that Hospice is necessary party and that joinder is feasible. Therefore, the Court sua sponte Orders plaintiff to join Hospice as a party to this action as set forth in Rule 19(a)(2). The motions to dismiss filed by defendants Albert M. Higley Company, LLC, McClintock Electric, Inc., and Valentine Contractors, Inc. are DENIED. Judge Patricia A. Gaughan on 8/29/14. (LC,S) re 18,20,23,24,36,37,42,52,58
November 17, 2014
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Memorandum of Opinion and Order: The Motion of New Party Defendant LifeCare Hospice to Stay Proceedings Pending Mediation/Arbitration Pursuant to 9 U.S.C. ยง 3 is GRANTED and this matter is STAYED pending arbitration. Judge Patricia A. Gaughan on 11/17/14. (LC,S) re 101
April 22, 2016
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ff's motion is GRANTED. Judge Patricia A. Gaughan on 4/22/16. (LC,S)Memorandum of Opinion and Order: This matter is before the Court upon Defendant The Albert M. Higley Company's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the Alternative, Motion to Bifurcate Pursuant to Federal Rule of Civil Procedure 42(b) (Doc. 141). In a supplemental brief, defendant notes that its motion applies with equal force to the second amended complaint filed after defendant moved to dismiss or bifurcate. Accordingly, the Court will apply the arguments raised in the motion to the second amended complaint. By way of various motions to dismiss, the following defendants have joined in the arguments made by The Albert M. Higley Company: defendants Dover Design & Management Group, LLC and defendant Dover Tank & Plate Company (Docs. 142, 150); defendant Canton Floors, Inc. (Doc. 143); defendant Joseph N. Isabella (Docs. 144, 149); defendant Ladd Painting & Decorating of Massillon, Inc. (Docs. 145, 154); defendant Otis Elevator Company (Docs. 147, 153); and defendant Bogart Architecture, Inc. (Doc. 152). As such, the Court will treat all arguments raised by Albert M. Higley Company as applicable to these defendants. For the following reasons, the Motion to Dismiss is DENIED and the Motion to Bifurcate is GRANTED as to discovery only. Also pending are the Motion for Judgment on the Pleadings of Defendants Lifecare Hospice, Environments 4 Business, LLC, McClintock Electric, Inc., and Valentine Contractors, Inc. (Doc. 159) and Plaintiff's Motion for Partial Judgment on the Pleadings on Defendant Lifecare Hospice d/b/a Hospice & Palliative Care of Wayne County's Counterclaim (Doc. 163). Defendants' motion is DENIED and plainti