Aces High Coal Sales, Inc. et al v. Community Bank and Trust of West Georgia et al
| Aces High Coal Sales, Inc. and Wendell Elza |
| Community Bank and Trust of West Georgia, Taylor Rose Energy, LLC, Bransen Energy, Inc., Kyle Tomlin, Riverside Capital Holdings, LLC, Riverside Advisors, LLC, Lone Peak Resource Advisors, LLC, Loan Peak Investment Services, Michael Peters, Troutman Sanders, LLP and Michael E. Johnson |
| 6:2015cv00161 |
| September 11, 2015 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Laurel |
| David L. Bunning |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
221
MEMORANDUM OPINION & ORDER: (1) Plaintiffs' Motion to Alter or Amend (Doc. # 174 ) is granted in part and denied in part. It is granted with respect to the state law claims (Counts 5-10), and denied with respect to the RICO claims (Counts 2, 3 , and 4) and Declaratory Judgment action (Count 1); (2) The Bank Defendants Motion to Alter or Amend (Doc. # 173 ) is granted, and the following claims are reinstated: Count 5 (libel), Count 6 (tortious interference), Count7 (fraud), Count 8 (unjust enrichment), Count 9 (constructive trust), and Count 10 (civil conspiracy); (3) The Troutman Sanders Defendants Motion to Dismiss (Doc. # 116) is granted, and all claims against them (Counts 5, 6, and 10) are dismissed with prejudice pursuant to Rul e 12(b)(2); (4) The Tomlin Defendants Motion to Dismiss (Doc. # 118) is granted, and the claims against them in Counts 7 and 10 are dismissed with prejudice pursuant to Rule 12(b)(6); (5) The Bank Defendants Motion to Dismiss (Doc. # 119) is granted, and the claims against them in Counts 5, 6, 8, 9, and 10 are dismissed with prejudice pursuantto Rule 12(b)(6); (6) The Peters Defendants Motion to Dismiss (Doc. # 121 ) is granted, and the claims against them in Counts 7 and 10 are dismissed with prejudice pursuant to Rule 12(b)(6); (7) Plaintiffs Motion for Sanctions (Doc. # 214 ) is denied; (8) This matter is hereby stricken from the Court's active docket; and (9) A separate judgment will be entered contemporaneously herewith.. Signed by Judge David L. Bunning on 7/21/17.(MRS)cc: COR
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Filing
170
MEMORANDUM OPINION & ORDER, 1. Defendants' motions to dismiss Plaintiffs' Second Amended Complaint (D.E. 117 , 119 , 118 , 121 ) are GRANTED for the reasons stated above. Plaintiff's federal RICO claims in Counts Two, Three, and Four are DISMISSED WITH PREJUDICE. Because the Court declines to exercise jurisdiction over the declaratory judgment action and to exercise supplemental jurisdiction over the state law claims, all other claims are DISMISSED WITHOUT PREJUDICE. 2. Defe ndants' motions to dismiss Intervening Plaintiffs' Complaint for Declaratory Judgment (D.E. 124 , 125 , 128 ) are GRANTED for the reasons stated above. The Court declines to exercise jurisdiction, and the declaratory judgment claim is DI SMISSED WITHOUT PREJUDICE. 3. Plaintiffs' and Intervening Plaintiffs' motions for a hearing (D.E. 155 , 156 ) areDENIED as moot. 4. Plaintiffs motion "Seeking Relief from F.R.C.P. 26(d) and F.R.C.P. 26(f)" (D.E. 163 ) is DENIED . See D.E. 100 (referring all nondispositive pretrial motions to the undersigned). 5. Any basis for dismissal raised in any of the pending motions to dismiss that is not addressed above need not be resolved because the bases addressed above are sufficient to dismiss the case in full. 6. Plaintiffs' action is stricken from the active docket of the Court. Signed by Magistrate Judge Hanly A. Ingram on 11/3/2016.(RBB)cc: COR
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