Peach State Roofing, Inc. v. Kirlin Builders, LLC

Justia Dockets & Filings Eleventh Circuit Alabama Middle District Peach State Roofing, Inc. v. Kirlin Builders, LLC

Peach State Roofing, Inc. v. Kirlin Builders, LLC

Plaintiff:	Peach State Roofing, Inc.
Defendant:	Kirlin Builders, LLC
Case Number:	1:2015cv00526
Filed:	July 22, 2015
Court:	US District Court for the Middle District of Alabama
Office:	Dothan Office
County:	XX US, Outside State
Presiding Judge:	Charles S. Coody
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
February 5, 2020	Filing 119 MEMORANDUM OPINION AND ORDER: it is ORDERED and ADJUDGED as follows that: 1) Judgment is entered in favor of Peach State and against Kirlin on Peach State's breach of contract and wrongful termination claims, and Peach State is awarded damage s in the amount of $570,212.52, plus prejudgment interest at the rate of six percent per annum in accordance with Maryland law; 2) Peach State's request for an award of damages for lost profits and attorney's fees is DENIED; 3) Judgmen t is entered in favor of Peach State and NAS and against Kirlin on Kirlin's counterclaim, and the counterclaim is DISMISSED with prejudice; 4) Judgment is entered in favor of Kirlin and against Peach State on Peach State's claims of promiss ory estoppel, unjust enrichment, negligence, negligent misrepresentation, declaratory judgment, respondeat superior, and suppression, deceit, non-disclosure and concealment of material facts, and these claims are DISMISSED with prejudice; 5) Costs ar e taxed against Kirlin for which execution may issue; 6) Peach State's 117 and 118 motions for status update are DENIED as moot; and 7) This case is DISMISSED with prejudice. Signed by Honorable Judge Charles S. Coody on 2/5/2020. (bes, )
June 22, 2018	Filing 111 MEMORANDUM OPINION AND ORDER: 1. As stated in open court, judgment as a matter of law is GRANTED in favor of BMH Engineering and against Peach State and BHM Engineering is hereby DISMISSED as a defendant in this action. 2. Judgment will be entered in favor of Peach State and against Kirlin on Peach States breach of contract and wrongful termination claims. 3. Judgment will be entered in favor of Peach State and NAS and against Kirlin on Kirlins counterclaim, and the counterclaim will be dismi ssed with prejudice. 4. Judgment will be entered in favor of Kirlin and against Peach State on Peach States claims of promissory estoppel, unjust enrichment, negligence, negligent misrepresentation, declaratory judgment, respondeat superior, and supp ression, deceit, non-disclosure and concealment of material facts. These claims will be dismissed with prejudice. The court will enter final judgment after the matter of damages is resolved. Accordingly, it is ORDERED as follows: 1. The defendant Ki rlins motion for summary judgment (doc. # 62 ) be and is hereby DENIED as moot. 2. That on or before August 3, 2018, counsel for the parties shall meet and confer, either in person or telephonically, to attempt to resolve the amount of damages owed to Peach State. If an agreement cannot be reached, the parties are DIRECTED to submit briefs containing calculations of damages due Peach State on or before August 24, 2018. Signed by Honorable Judge Charles S. Coody on 6/22/2018. (kh, )

Date Filed

Document Text

February 5, 2020

Filing 119 MEMORANDUM OPINION AND ORDER: it is ORDERED and ADJUDGED as follows that: 1) Judgment is entered in favor of Peach State and against Kirlin on Peach State's breach of contract and wrongful termination claims, and Peach State is awarded damage s in the amount of $570,212.52, plus prejudgment interest at the rate of six percent per annum in accordance with Maryland law; 2) Peach State's request for an award of damages for lost profits and attorney's fees is DENIED; 3) Judgmen t is entered in favor of Peach State and NAS and against Kirlin on Kirlin's counterclaim, and the counterclaim is DISMISSED with prejudice; 4) Judgment is entered in favor of Kirlin and against Peach State on Peach State's claims of promiss ory estoppel, unjust enrichment, negligence, negligent misrepresentation, declaratory judgment, respondeat superior, and suppression, deceit, non-disclosure and concealment of material facts, and these claims are DISMISSED with prejudice; 5) Costs ar e taxed against Kirlin for which execution may issue; 6) Peach State's 117 and 118 motions for status update are DENIED as moot; and 7) This case is DISMISSED with prejudice. Signed by Honorable Judge Charles S. Coody on 2/5/2020. (bes, )

June 22, 2018

Filing 111 MEMORANDUM OPINION AND ORDER: 1. As stated in open court, judgment as a matter of law is GRANTED in favor of BMH Engineering and against Peach State and BHM Engineering is hereby DISMISSED as a defendant in this action. 2. Judgment will be entered in favor of Peach State and against Kirlin on Peach States breach of contract and wrongful termination claims. 3. Judgment will be entered in favor of Peach State and NAS and against Kirlin on Kirlins counterclaim, and the counterclaim will be dismi ssed with prejudice. 4. Judgment will be entered in favor of Kirlin and against Peach State on Peach States claims of promissory estoppel, unjust enrichment, negligence, negligent misrepresentation, declaratory judgment, respondeat superior, and supp ression, deceit, non-disclosure and concealment of material facts. These claims will be dismissed with prejudice. The court will enter final judgment after the matter of damages is resolved. Accordingly, it is ORDERED as follows: 1. The defendant Ki rlins motion for summary judgment (doc. # 62 ) be and is hereby DENIED as moot. 2. That on or before August 3, 2018, counsel for the parties shall meet and confer, either in person or telephonically, to attempt to resolve the amount of damages owed to Peach State. If an agreement cannot be reached, the parties are DIRECTED to submit briefs containing calculations of damages due Peach State on or before August 24, 2018. Signed by Honorable Judge Charles S. Coody on 6/22/2018. (kh, )

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Plaintiff: Peach State Roofing, Inc.
Represented By:	Ryan Roebuck Hendley
Represented By:	Aaron Marcus Kappler
Represented By:	William James Shaughnessy
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Defendant: Kirlin Builders, LLC
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