Killough et al v. Monkress et al
Doug Killough and Technical Consulting Solutions, Inc. |
Phil Monkress and All Points Logistics, LLC |
5:2017cv00247 |
February 14, 2017 |
US District Court for the Northern District of Alabama |
Northeastern Office |
Madison |
Harwell G Davis |
Other Contract |
28 U.S.C. ยง 1332 |
Plaintiff |
Available Case Documents
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Filing 251 MEMORANDUM OPINION AND ORDER-APL'S motion for attorneys' fees, 211 , and its bill of costs, 219 , are DENIED. Killough's and TCS's bill of costs, 213 , is GRANTED IN PART, and the court will tax costs of $23,132.55, plus a ny allowable costs as referenced in footnote 14, against APL under Rule 54(d) and § 1920. Killough and TCS are ORDERED to file invoices that properly delineate those allowable costs by June 1, 2022. Otherwise, the court will not tax those invoices. Killough's and TCS's motions to strike or to file a sur-reply, 231 , 238 are DENIED as moot. Signed by Judge Abdul K Kallon on 05/17/2022. (AKD) |
Filing 115 MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 03/30/2021. (AKD) |
Filing 72 MEMORANDUM OPINION AND ORDER DENYING 58 MOTION to Dismiss Counterclaim as set out herein. Signed by Judge Abdul K Kallon on 1/17/2020. (JLC) |
Filing 50 MEMORANDUM OPINION AND ORDER the Partial Motion to Dismiss 42 is GRANTED as to the promissory fraud claim, and that claim is DISSMISSED WITH PREJUDICE. The motion is DENIED as to the fraudulent suppression and fraudulent misrepresentation claims. Signed by Judge Abdul K Kallon on 4/17/2019. (AFS) |
Filing 39 MEMORANDUM OPINION AND ORDER The motion to strike 23 is GRANTED solely as to the claim for attorneys' fees. The court GRANTS APL's motion to dismiss 22 with respect to the fraud claims, Counts II-V, the claim for tortious interference, Count IX, and the negligence claim, Count X. Except for those claims where the court has specifically found that repleading would be futile, TCS may replead the dismissed claims. Finally, the court ORDERS TCS, in its amended complaint which is due by August 15, 2018, to file a more definite statement pursuant to Rule 12(e) with respect to all surviving claims. In all other respects, APL's motion, 22 , is DENIED. In light of this ruling, the stay issued on May 11, 2017, 31 , is LIFTED. Signed by Judge Abdul K Kallon on 8/1/2018. (AFS) |
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