Sterling Bank v. Caesarea-Millbrook, LLC et al
| Sterling Bank |
| Caesarea-Millbrook, LLC, Caesarea-Chantilly, LLC, Caesarea Development, LLP, Jackson Health, Inc., Joseph L. Herrod, Donald P. Brobst, C. Dennis Wooldrige and A. Chandler Muller |
| Jackson Hospital & Clinic, Inc., Primary Physicians, Inc. and Jackson Health, Inc. |
| Joseph L. Herrod and Caesarea Development, LLP |
| Joseph L. Herrod and Caesarea Development, LLP |
| Donald P. Brobst, Jackson Health, Inc., A. Chandler Muller and C. Dennis Wooldrige |
| 2:2015cv00152 |
| March 6, 2015 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Susan Russ Walker |
| W. Harold Albritton |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
95
ORDERED as follows: 1. This case is hereby STAYED pending the resolution of the bankruptcy proceedings of A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge. 2. On or before May 20, 2016, the parties shall file a joint status report concerning the bankruptcy proceedings involving A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge. Signed by Honorable Judge W. Harold Albritton, III on 11/20/2015. (kh, )
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Filing
83
MEMORANDUM OPINION AND ORDER it is hereby ORDERED as follows: 1. The Motion to Dismiss the Counterclaims of Jackson Health, Inc. (Doc. # 64 ) is GRANTED only as to the conversion claim and that claim is DISMISSED without prejudice, the Motion to Dism iss having been withdrawn in all other respects. Jackson Health, Inc. is given until October 22, 2015 to file a new, amended counterclaim, should it choose to do so. Any amended counterclaim must be complete unto itself in accordance with M.D. Ala. L ocal Rule 15.1 and set out the factual basis for a conversion claim consistent with Alabama law, as discussed above. If Jackson Health, Inc. chooses not to file an amended counterclaim, it will proceed on its counterclaims for fraudulent misrepresen tation, suppression, breach of fiduciary duty, negligence, wantonness, and unjust enrichment. 2. The Motion to Dismiss the Counterclaims of Jackson Hospital & Clinic, Inc. (Doc. # 65 ) is GRANTED and the counterclaims for negligence and wantonness ar e DISMISSED without prejudice. Jackson Hospital & Clinic, Inc. is given until October 22, 2015 to file a new, amended counterclaim, should it choose to do so. Any amended counterclaim must be complete unto itself in accordance with M.D. Ala. Local Ru le 15.1 and set out the factual basis for an individual injury on which to base its claims for negligence and wantonness. If no amended counterclaim is filed, Jackson Hospital & Clinic, Inc. will proceed only on its counterclaim for fraudulent induce ment. 3. The Motion to Dismiss (Doc. # 66 ) is GRANTED and the counterclaims in Counts 1, 3-10, are DISMISSED without prejudice. Defendants Donald P. Brobst, C. Dennis Wooldridge, and A. Chandler Muller are given until October 22, 2015 to file a new, amended Counterclaim, should they choose to do so. An amended counterclaim must be complete unto itself in accordance with M.D. Ala. Local Rule 15.1 and must more specifically state the damages which they contend support their direct actions as disc ussed in this Memorandum Opinion and Order, state the facts which support a counterclaim for conversion consistent with Alabama law, and/or state in separate counts their fraud in the inducement and suppression claims and the factual bases for those claims. If they do not file any amended counterclaim at all, the case will proceed only on their Counterclaim count 2 for breach of contract of employment agreement. Signed by Honorable Judge W. Harold Albritton, III on 10/7/2015. (kh, )
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