Morgan Stanley Mortgage Capital Holdings LLC v. Realty Mortgage Corporation

Justia Dockets & Filings Fifth Circuit Mississippi Southern District Morgan Stanley Mortgage Capital Holdings LLC v. Realty Mortgage Corporation

Morgan Stanley Mortgage Capital Holdings LLC v. Realty Mortgage Corporation

Plaintiff:	Morgan Stanley Mortgage Capital Holdings LLC
Defendant:	Realty Mortgage Corporation
Case Number:	3:2007cv00507
Filed:	August 27, 2007
Court:	US District Court for the Southern District of Mississippi
Office:	Jackson Office
County:	XX US, Outside State
Presiding Judge:	Linda R. Anderson
Presiding Judge:	William H. Barbour
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
September 11, 2008	Filing 33 ORDER granting in part and denying in part 15 Motion of Counter-Defendant Morgan Stanley Mortgage Capital Holdings, LLC., to Dismiss Counterclaim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The counterclaim of unjust enrichme nt is hereby dismissed. The counterclaims of misrepresentation, breach of the implied duty of good faith and fair dealing, breach of fiduciary duty, rescission of seller agreements, and for declaratory relief remain for trial. That nothing in this Opinion and Order bars Counter-Defendant from re-pleading the defenses and arguments raised in this Motion in a subsequent motion for summary judgment and/or at trial. Signed by District Judge William H. Barbour, Jr on 9-11-08 (Lewis, Nijah)

Date Filed

Document Text

September 11, 2008

Filing 33 ORDER granting in part and denying in part 15 Motion of Counter-Defendant Morgan Stanley Mortgage Capital Holdings, LLC., to Dismiss Counterclaim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The counterclaim of unjust enrichme nt is hereby dismissed. The counterclaims of misrepresentation, breach of the implied duty of good faith and fair dealing, breach of fiduciary duty, rescission of seller agreements, and for declaratory relief remain for trial. That nothing in this Opinion and Order bars Counter-Defendant from re-pleading the defenses and arguments raised in this Motion in a subsequent motion for summary judgment and/or at trial. Signed by District Judge William H. Barbour, Jr on 9-11-08 (Lewis, Nijah)

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Plaintiff: Morgan Stanley Mortgage Capital Holdings LLC
Represented By:	April D. Reeves
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Defendant: Realty Mortgage Corporation
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