Empire Financial Services, Inc. v. Todd et al
||Empire Financial Services, Inc.
||Kenneth L. Todd, III, Michael D. Brock, James R. Paxton, Daniel A. Bailey, C. Wayne Roberts, Timothy L. Eakes, Gary L. Anderson and Keith A. LaFerriere
||March 27, 2008
||US District Court for the Middle District of Alabama
||XX US, Outside State
||William Keith Watkins
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332 Diversity-Negotiable Instrument
|Jury Demanded By:
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|September 16, 2008
MEMORANDUM OPINION AND ORDER as follows: (1) The Plaintiff's 22 Motion to Dismiss Counterclaim is GRANTED as to Counts four and Six of the Claim. Count Four of claim is DISMISSED with prejudice and Count Six of the Counterclaim is Dismissed w ithout prejudice. The Motion to Dismiss id DENIED in all other aspects without prejudice as further set out; (2) that the 28 Plaintiff's Motion to Sever Third Party Complaint is DENIED without prejudice as further set out; and (3) The Defenda nts/Counterclaimants are given until 9/23/08 to file an Amended Counterlclaim including a claim for negligent misrepresentation that is further set out in order. Amended Pleadings due by 9/23/2008.. Signed by Honorable W. Harold Albritton, III on 9/16/2008. (cb, )
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