Koninklijke Ahold, N.V. v. Millbrook Commons, LLC et al
| Koninklijke Ahold, N.V. |
| Millbrook Commons, LLC, Karen D. Stephens and Milton G. Domit Limited Liability Company |
| 2:2010cv01060 |
| December 13, 2010 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| XX Outside US |
| Wallace Capel |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
71
ORDER as follows: 1. Millbrooks Motion for Reasonable Attorneys Fees and Costs of Litigation or, in the Alternative, Motion to Alter or Amend the final judgment in this case (Doc. 61 ) is DENIED as further set out in the order; 2. Aholds Motion to Alter or Amend the final judgment in this case (Doc. 65 ) is DENIED as further set out in the order; and 3. Millbrooks Motion for Certificate of Appealability (Doc. 63 ) is GRANTED. Signed by Honorable Judge Mark E. Fuller on 8/8/2013. (dmn, )
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Filing
70
ORDER directing that, upon consideration of Defendant/Counterclaim Plaintiff Millbrook Commons' ("Millbrook") 69 Renewed Motion to Extend Time for Filing Notice of Appeal, and pursuant to this Court's authority under FRCP Rule 5 8, the Court finds that the motion is due to be GRANTED; accordingly, it is hereby ORDERED that: (1) Millbrook's 69 Renewed Motion to Extend Time for Filing Notice of Appeal is GRANTED; (2) The deadline for filing a Notice of Appeal in the abo ve-styled action is EXTENDED until seven (7) days after the Court enters an order ruling on Millbrook's pending 61 Motion for Reasonable Attorneys' Fees and Costs of Litigation, or, in the Alternative, Motion to Alter or Amend. Signed by Honorable Judge Mark E. Fuller on 1/17/13. (scn, )
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Filing
67
ORDER granting 66 Motion for Leave to File Reply Brief; Millbrook shall file its reply brief on or before Friday, January 18, 2013. Signed by Honorable Judge Mark E. Fuller on 1/15/13. (scn, )
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Filing
64
ORDER that: (1) Millbrook's 63 Motion to Extend Time for Filing Notice of Appeal is GRANTED as further set out in the order, and; (2) the deadline for filing a Notice of Appeal action is EXTENDED through and including 1/20/2012. Signed by Honorable Judge Mark E. Fuller on 12/18/2012. (dmn, )
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Filing
45
MEMORANDUM OPINION AND ORDER directing that: (1) Millbrook Commons may not seek recovery of any rent past August 10, 2009, the date the Triple N lease was entered into, because Bruno's breach of the lease constituted an abandonment, and because § 16.01 is inapplicable to abandonments; (2) The "two-dismissal" rule does not bar Millbrook Commons from recovering under the Guaranty; and, (3) Section 6-5-280 of the Alabama Code does not bar Millbrook Commons from recovering under the Guaranty; further ORDERED that: (3) Plaintiff/Counterclaim Defendant Koninklijke Ahold's 31 Motion for Summary Judgment is GRANTED in part and DENIED in part; and, (4) Defendants/Counterclaim Plaintiffs Millbrook Commons' (and the Successors') 34 Motion for Partial Summary Judgment is DENIED. Signed by Honorable Judge Mark E. Fuller on 9/12/12. (scn, )
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