MADISON UNIVERSITY MALL LLC v. CHAPEL HILL TIRE CO., INC.

Justia Dockets & Filings Fourth Circuit North Carolina Middle District MADISON UNIVERSITY MALL LLC v. CHAPEL HILL TIRE CO., INC.

MADISON UNIVERSITY MALL LLC v. CHAPEL HILL TIRE CO., INC.

Plaintiff:	MADISON UNIVERSITY MALL LLC
Defendant:	CHAPEL HILL TIRE CO., INC.
Case Number:	1:2014cv00169
Filed:	February 26, 2014
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Orange
Presiding Judge:	CATHERINE C. EAGLES
Presiding Judge:	JOI ELIZABETH PEAKE
Nature of Suit:	Environmental Matters
Cause of Action:	42 U.S.C. § 9607
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 23, 2014	Filing 23 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 7/23/2014, that the defendant's amended motion to dismiss, (Doc. 13 ), is GRANTED in part and DENIED in part. Specifically: 1. The motion is GRANTED as to the plaintiff's negligence and trespass claims, and those claims are dismissed with prejudice. 2. The motion is GRANTED as to the plaintiff's CERCLA claim for contribution under Section 113(f), 42 U.S.C. § 9613(f), and that clai m is dismissed without prejudice. 3. The motion is DENIED as to the plaintiff's CERCLA claim for recovery of costs under Section 107(a), 42 U.S.C. § 9607(a). 4. The motion is DENIED as to the plaintiff's breach of contract claim. (Lloyd, Donna)

Date Filed

Document Text

July 23, 2014

Filing 23 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 7/23/2014, that the defendant's amended motion to dismiss, (Doc. 13 ), is GRANTED in part and DENIED in part. Specifically: 1. The motion is GRANTED as to the plaintiff's negligence and trespass claims, and those claims are dismissed with prejudice. 2. The motion is GRANTED as to the plaintiff's CERCLA claim for contribution under Section 113(f), 42 U.S.C. § 9613(f), and that clai m is dismissed without prejudice. 3. The motion is DENIED as to the plaintiff's CERCLA claim for recovery of costs under Section 107(a), 42 U.S.C. § 9607(a). 4. The motion is DENIED as to the plaintiff's breach of contract claim. (Lloyd, Donna)

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Defendant: CHAPEL HILL TIRE CO., INC.
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Plaintiff: MADISON UNIVERSITY MALL LLC
Represented By:	JENNIFER MOUCHET HALL
Represented By:	SEAN MICHAEL SULLIVAN
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