Lower Neuse Preservation Group, LLC v. Boats, Etc., Inc. et al

Plaintiff: Lower Neuse Preservation Group, LLC
Defendant: Boats, Etc., Inc., Clinton Midgett and Elizabeth Dovel
 
Case Number: 4:2011cv00077
Filed: May 6, 2011
 
Court: Virginia Eastern District Court
Office: Newport News Office
County: Out of State
Referring Judge: Douglas E. Miller
Presiding Judge: Rebecca Beach Smith
 
Nature of Suit: Marine
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

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Date Filed#Document Text
September 28, 2011 38 Featured Case OPINION AND ORDER re 14 First MOTION to Dismiss filed by Elizabeth Dovel, 15 First MOTION to Dismiss filed by Clinton Midgett, 20 Second MOTION to Dismiss filed by Clinton Midgett, 19 Second MOTION to Dismiss filed by Elizabeth Dovel, 18 Fi rst MOTION to Dismiss filed by Boats, Etc., Inc. that DENIES the Defendants' motion to dismiss counts 2, 5,6, and 8, and GRANTS Defendants' motion to dismiss counts 3,4,7,9, and 10. The contract claim alleged in Count 1 is adequately pled a gainst Midgett and Boats, Etc. as contracting parties. To the extent the count asserts personal liability against Midgett and Dovel,as owners or agents of Boats, Etc. it fails to state a claim and the Defendants' Motion to Dismiss is GRANTED. If omitted facts would sustain any of the dismissed counts, the Plaintiff may file an Amended Complaint within ten (10) days from the date of this Order. If no Amended Complaintis filed, the Clerk shall terminate Dovel as a party to this action. Signed by Magistrate Judge Douglas E. Miller and filed on 9/28/2011. (rsim)

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Plaintiff: Lower Neuse Preservation Group, LLC
Represented By: Bryan Karl Meals
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Defendant: Boats, Etc., Inc.
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Defendant: Clinton Midgett
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Defendant: Elizabeth Dovel
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