Wood Materials LLC v. Berkley Insurance Company et al
| Wood Materials LLC |
| Berkley Insurance Company and Tikigaq Construction, LLC |
| 2:2017cv10955 |
| October 20, 2017 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Lance M Africk |
| Joseph C. Wilkinson |
| Miller Act |
| 42 U.S.C. ยง 3133 |
| Plaintiff |
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Filing
45
ORDER: IT IS ORDERED that the 31 Motion for Leave to Amend is GRANTED. Plaintiff's [31-2] proposed amended complaint shall be filed into the record. IT IS FURTHER ORDERED that Defendants' 26 Motion to Re-Urge their Motion to Dismiss is DISMISSED as Moot. See Rec. Doc. 18. Signed by Judge Ivan L.R. Lemelle on 3/26/2018. (jls)
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Filing
18
ORDER AND REASONS re 9 Motion to Dismiss for Failure to State a Claim; ORDERED that defendants' motion is GRANTED IN PART and DISMISSED WITHOUT PREJUDICE IN PART. FURTHER ORDERED that Wood's unjust enrichment and federal Prompt Payment Act claims are DISMISSED. FURTHER ORDERED that, with respect to Wood's claims for attorney's fees under the Louisiana open account statute, defendants' motion is DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that Wood may file an amended complaint by 2/7/2018. Signed by Judge Lance M Africk on 1/24/2018. (blg)
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