The Mitchell Company, Inc. et al v. Campus
| The Mitchell Company, Inc., Model Homes, LLC and Hexagon Investments, LLC |
| Joseph J. Campus, III |
| 1:2008cv00342 |
| June 16, 2008 |
| US District Court for the Southern District of Alabama |
| Contract: Other Office |
| Mobile |
| William E. Cassady |
| Kristi K. DuBose |
| Defendant |
| Diversity |
| 28:1332 Diversity-Contract Dispute |
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Filing
126
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)
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Filing
116
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)
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Filing
103
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)
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Filing
95
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).
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Filing
78
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)
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Filing
71
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)
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Filing
54
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)
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Filing
47
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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