The Mitchell Company, Inc. et al v. Campus

Plaintiff: The Mitchell Company, Inc., Model Homes, LLC and Hexagon Investments, LLC
Defendant: Joseph J. Campus, III
Case Number: 1:2008cv00342
Filed: June 16, 2008
Court: Alabama Southern District Court
Office: Contract: Other Office
County: Mobile
0 Judge:
Referring Judge: William E. Cassady
Presiding Judge: Kristi K. DuBose
Nature of Suit: Defendant
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Contract Dispute

Available Case Documents

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Date Filed#Document Text
December 8, 2009 126 Opinion or Order of the Court Order entered that this action is DISMISSED WITH PREJUDICE subject to the right of either party to reinstate the action within 90 days should the settlement not be consummated. Signed by Judge Kristi K. DuBose on 12/8/09. (cmj)
October 23, 2009 116 Opinion or Order of the Court ORDER entered that Campus motion for partial summary judgment as to his counterclaim for equitable relief (Count Five) is GRANTED in part and DENIED in part. The Court finds that the first payment of Campus interest in the LLCs was due on October 3, 2007, the second payment was due on October 3, 2008, the third payment was due on October 3, 2009, and that the final payment will be due on October 3, 2010. Moreover, the Court finds the fair market value to be $1,198,309. The past due paymen ts, plus pre-judgment interest, shall be made by the LLCs to Joseph J. Campus, III no later than December 23, 2009. It is further ORDERED that Campus motion for partial summary judgment is DENIED as to his counterclaims for tortious interference with contractual relations (Count Six) and prima facie tort (Count Seven); and that Counterclaim Defendants motion for partial summary judgment is GRANTED as to Campus counterclaims for tortious interference with contractual relations (Count Six), prima facie tort (Count Seven), fraudulent suppression (Count Eight), and civil conspiracy (Count Nine). Signed by Judge Kristi K. DuBose on 10/23/09. (mca)
August 18, 2009 103 Opinion or Order of the Court JUDGMENT entered that in accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that TMC immediately advance to Campus, within ten (10) days, $131,060.00 in legal fees and $12,607.26 in expenses for serv ices rendered through the end of May 2009 pertaining to the defense of Campus in the underlying action (CV-07-0177-KD-C) and the instant action (CV 08-0342-KD-C), with post-judgment interest accruing at the rate set by the federal statutory rate purs uant to 28 U.S.C. § 1961. In the event TMC fails to timely make this advancement, the Court hereby STAYS the underlying action pending advancement. The procedure outlined by U.S. Magistrate Judge Cassady in paragraph 13 of his Conclusions of Law shall be followed with respect to all future monthly advancement requests made by Campus. Signed by Judge Kristi K. DuBose on 8/18/09. (mca)
July 29, 2009 95 Opinion or Order of the Court REPORT AND RECOMMENDATIONS re 1 Complaint stating that the Court order TMC to immediately advance to Campus, within ten (10) days of entry of judgment, $148,506.50 in legal fees and $12,607.26 in expenses for services rendered through the end of May, 2009 pertaining to the defense of Campus in the underlying action (07-0177-KD-C) and the instant action (08-0342-KDC),with post-judgment interest accruing at the rate of 12% per annum. In theevent TMC fails to timely make this advancement, the Court should STAY theunderlying action pending advancement. Objections to R&R due by 8/14/2009. Signed by Magistrate Judge William E. Cassady on 7/29/09. Copies to parties.(mpp) Modified on 8/3/2009 (jlr).
June 17, 2009 78 Opinion or Order of the Court ORDER entered granting 44 Campus' Motion to Dismiss Plaintiff's Complaint for reasons fully set out. Signed by Judge Kristi K. DuBose on 6/17/09. (mca)
June 4, 2009 71 Opinion or Order of the Court ORDER granting 63 Motion for Preliminary Injunction as set out. This matter is REFERRED to U.S. Magistrate Judge William E. Cassady for the handling of all issues relating to the preliminary injunctive relief granted herein, as well as its expedited enforcement and resolution of any remaining disputes as to what constitutes reasonable expenses(including Campus pending request for entry of a stay).. Signed by Judge Kristi K. DuBose on 6/4/09. (cmj)
March 3, 2009 54 Opinion or Order of the Court ORDER entered that based upon the foregoing, the Court finds Campus motion for partial summary judgment as to his advancement claim is GRANTED to the extent explained herein. Campus motion for summary judgment on his claim for fees on fees is DENIED. Signed by Judge Kristi K. DuBose on 3/3/09. (mca)
December 29, 2008 47 Opinion or Order of the Court ORDER denying 38 Motion to Amend Answer; finding as moot 43 Motion for Leave to File Response; and granting 39 Motion to Amend Counterclaim as further set out. Signed by Judge Kristi K. DuBose on 12/29/08. (jlr)

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Plaintiff: The Mitchell Company, Inc.
Represented By: Walter M. Cook, Jr.
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Plaintiff: Model Homes, LLC
Represented By: Walter M. Cook, Jr.
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Plaintiff: Hexagon Investments, LLC
Represented By: Walter M. Cook, Jr.
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Defendant: Joseph J. Campus, III
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