Greg Beeche Logistics LLC v. Skanska USA Building, Inc. et al
| Greg Beeche Logistics LLC |
| Skanska USA Building, Inc., Wing Inc. Specialy Trades and Ron Mulcahey |
| 1:2012cv11121 |
| June 22, 2012 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| Denise J. Casper |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1964 |
| Plaintiff |
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Filing
260
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS Skanska's motion for summary judgment, D. 151.(Hourihan, Lisa)
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Filing
72
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - For the foregoing reasons, the Report and Recommendation, D. 49, regarding Beeche's motions for trustee process and attachment is ADOPTED and ACCEPTED IN PART in accordance with this Memorandum and Order. Accordingly, Beeche's motion for trustee process, D. 17, is DENIED WITHOUT PREJUDICE in accordance with this Memorandum and Order. However, given Beeche's filings after the issuance of the R&R that the magistrate ju dge did not have the opportunity to consider, this Court will give Beeche two weeks from the entry of this Order to file a motion for reconsider of its motion for trustee process. If it chooses to file such motion, this Court will refer that motion to Magistrate Judge Boal for consideration. Beeche's motion for attachment is DENIED in part and ALLOWED in part as recommended in the R&R.For the foregoing reasons, the Report and Recommendation, D. 48, regarding Skanska's motion to dismiss is ADOPTED and ACCEPTED IN PART in accordance with this Memorandum and Order. Accordingly, the portion of Count I (breach of contract) that related to Skanska's promise to pay for certain extra work and Count II (unjust enrichment) w ill stand; Counts I (the remaining portions that the magistrate judge recommended for dismissal), III (promissory estoppel), IV (intentional misrepresentation), VII (negligent misrepresentation), IX (third-party beneficiary liability) are DISMISSED W ITHOUT PREJUDICE; and Counts VI (c. 93A claim) and XII (civil RICO claim) are DISMISSED WITH PREJUDICE. Also, in accordance with this Memorandum and Order, Beeche's motion to amend its complaint (asserted in its objections and in D. 59 ) is ALL OWED only to the extent that it seeks to reassert Counts I (the portions of which were not recommended for dismissal) and II and amend its pleadings as to Counts I (the portions of which were recommended for dismissal), III, IV, VII and IX. Beeche s hall have 21 days from the date of this Order to file an Amended Complaint. The Court notes that any such amended pleading must still comply with Fed. R. Civ. P. 8(a)(2), requiring "a short and plain statement of the claim showing that the pleader is entitled to relief." (Hourihan, Lisa)
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