MONSANTO COMPANY v. ARE-108 ALEXANDER ROAD, LLC
| MONSANTO COMPANY |
| ARE-108 ALEXANDER ROAD, LLC |
| 1:2010cv00898 |
| November 19, 2010 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| Other Contract |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
69
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 06/23/2014. For the reasons set forth herein, IT IS HEREBY ORDERED that Plaintiff's request for attorneys' fees is DENIED. (Taylor, Abby)
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Filing
59
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 06/27/2013, that the Magistrate Judge's Recommendation (Doc. 52 ) is ADOPTED. FURTHER that Plaintiff's Motion for Summary Judgment (Doc. 20 ) is GRANTED an d that (1) judgment will be entered declaring that: (a) Plaintiff has no obligation to pay Base Rent during the two Term Extensions under the Lease; (b) Plaintiff is not in default for failing to pay such Base Rent; (c) Defendant is not entitled t o take any adverse action against Plaintiff for any failure to pay such Base Rent; and (d) Plaintiff is entitled to the return of all Base Rent, late fees, and interest paid under protest to Defendant; (2) judgment will be entered awarding monetar y damages for all amounts of Base Rent and related charges paid under protest by Plaintiff to Defendant in connection with the Lease, plus prejudgment interest on the amount of that award; and (3) judgment will be entered awarding Plaintiff its a ttorneys' fees and costs pursuant to Section 44(k) of the Lease as permitted by N.C. Gen. Stat. § 6-21.2(2). FURTHER that the parties shall submit briefs and any evidence in support of a fee award as more fully described herein on or before August 1, 2013, unless otherwise ordered by this court. No responsive briefs will be permitted unless otherwise ordered. (Taylor, Abby)
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Filing
52
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 03/25/2013. RECOMMENDED that Plaintiff's Motion for Summary Judgment (Docket Entry 20 ) be granted in that the Court should : enter judgment declaring that: Plaintiff has no obligation to pay Base Rent during the two Term Extensions under the Lease; Plaintiff is not in default for failing to pay such Base Rent; Defendant is not entitled to take any adverse action aga inst Plaintiff for any failure to pay such Base Rent; and Plaintiff is entitled to return of all Base Rent, late fees, and interest paid under protest to Defendant; enter judgment awarding monetary damages for all amounts of Base Rent and relate d charges paid under protest by Plaintiff to Defendant in connection with the Lease, plus prejudgment interest on the amount of that award; and enter judgment awarding Plaintiff its attorneys' fees and costs pursuant to Section 44(k) of the Lease as permitted by N.C. Gen. Stat. § 6-21.2(2).(Taylor, Abby)
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| Plaintiff: MONSANTO COMPANY | |
| Represented By: | SCOTT M. TYLER |
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| Defendant: ARE-108 ALEXANDER ROAD, LLC | |
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