Lewis v. Jones et al
| Randall Lewis |
| Gerald Jones, Laurel Ridge Landfill, LLC, Waste Connections of Kentucky, Inc. and Waste Connecions, Inc. |
| 6:2017cv00038 |
| February 16, 2017 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Laurel |
| Karen K. Caldwell |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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| Document Text |
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Filing
64
ORDER AND OPINION: This matter is before the Court on cross-motions for summary judgment. [DE 41 ; DE 42 ; DE 43 .] Plaintiffs Randall and Tonya Lewis have moved for partial summary judgment on the issue of specific performance and on their breac h of contract claim against Defendant Gerald Jones. [DE 41 .] Defendants Gerald Jones and Laurel Ridge Landfill, LLC have each moved for summary judgment on all claims being presented against them. For reasons stated below: (1) the Plaintiffs' motion for partial summary judgment is GRANTED in part and DENIED in part; (2) Defendant Gerald Jones's motion for summary judgment on all claims is GRANTED in part and DENIED in part; and (3) Defendant Laurel Ridge's motion for summary judgment on all claims is GRANTED in part and DENIED in part. For the reasons listed above: (1) the Plaintiffs' motion for partial summary judgment [DE 41] is granted in part and denied in part; a. Plaintiffs' motion for summary judgmen t on the issue of specific performance is denied; b. the Plaintiffs' motion for partial summary judgment on the issue of breach of contract is granted insofar as it pertains to the front 17 acres of the Jones family property. (2) Defendant La urel Ridge's motion for summary judgment [DE 43] is granted in part and denied in part; a. Laurel Ridge's motion for summary judgment on the issue of specificperformance is denied; b. Defendant Laurel Ridge's motion for summary judgme nt regarding Plaintiffs' unjust enrichment claim against it is granted; c. Laurel Ridge's motion for summary judgement regarding Plaintiffs' tortious interference claim is granted. (3) Defendant Gerald Jones's motion for summary judgment [DE 42] is granted in part and denied in part; a. Gerald Jones's motion for summary judgment on the issue of specificperformance is denied; b. Gerald Jones's motion for summary judgment regarding Plaintiffs' unjust enrichment claim against him is denied; c. Gerald Jones's motion for summary judgement regarding Plaintiffs' negligent misrepresentation claim against him is denied; d. Gerald Jones's motion for summary judgment regarding Plaintiffs' fraud c laim brought against him is denied; e. Defendant Gerald Jones's motion for summary judgment regarding Plaintiffs' tortious interference claim against him is granted. Motions terminated: 43 MOTION for Summary Judgment by Laurel Ridg e Landfill, LLC filed by Laurel Ridge Landfill, LLC, 42 MOTION for Summary Judgment by Gerald Jones filed by Gerald Jones, 41 MOTION for Partial Summary Judgment by Randall Lewis, Tonya Lewis filed by Tonya Lewis, Randall Lewis. Signed by Judge Karen K. Caldwell on 3/13/2019.(RBB)cc: COR
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Filing
38
OPINION & ORDER: (1) The Magistrate's recommended disposition [DE 33 ] is ADOPTED in Part and REJECTED in Part. (2) Plaintiff Lewis is GRANTED leave to amend his complaint to add specific factual allegations. (3) Plaintiff Lewis is GRANT ED leave to amend his complaint to add his wife, Tonya Lewis. (4) Plaintiff Lewis is DENIED leave to amend his complaint to present a claim of tortious interference with a business expectancy against Waste Connections, US, Inc. ("WCUS" ) and Waste Connections of Kentucky, Inc. ("WCKY"). (5) Plaintiff Lewis is DENIED leave to amend his complaint to add a claim of unjust enrichment against Connections, US, Inc. ("WCUS") and Waste Connections of Kentucky, Inc. ("WCKY"). Signed by Judge Karen K. Caldwell on 10/17/2018.(RBB)cc: COR
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