Orbit Corp et al v. FedEx Ground Package System, Inc.
| Orbit Corp and Gary Simon |
| FedEx Ground Package System, Inc. |
| 2:2014cv00607 |
| November 26, 2014 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Virginia Beach City |
| Mark S. Davis |
| Douglas E. Miller |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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Filing
71
OPINION AND ORDER: The Court GRANTS Defendant's motion for summary judgment as to Plaintiffs ' claims for fraud and breach of contract. At Plaintiffs' express request, Plaintiffs ' FLSA claim is deemed WITHDRAWN. Because all clai ms previously in dispute in this action have now been resolved, the Clerk is REQUESTED to enter judgment in favor of Defendant. Copy of Opinion and Order provided to all counsel of record. re granting 38 MOTION for Summary Judgment by FedEx Ground Package System, Inc.. Signed by District Judge Mark S. Davis on 11/8/2016. (bgra)
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Filing
20
MEMORANDUM OPINION AND ORDER: granting in part and denying in part 6 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 10 Motion to Strike ; granting in part and denying in part 14 Motion to Amend/Correct. The Court GRANTS in part, and DENIES in part, Defendant's motion to strike Plaintiffs' brief in opposition. ECF No. 10. Similarly, the Court GRANTS in part, and DENIES in part, Plaintiffs' motion for leave to file an amended brief. EC F No. 14. At Plaintiffs request, Counts I, II, VI and VII of the amended complaint are deemed WITHDRAWN, and Plaintiffs are foreclosed from pursuing further relief on such grounds. Similarly, to the extent any of Plaintiffs' remaining allegatio ns can be interpreted as advancing a claim for "wrongful termination" of the Operating Agreement, such allegations are deemed WITHDRAWN, and Plaintiffs are foreclosed from pursuing further relief on such theory. As to the remaining Counts i n the amended complaint, Defendant's 12(b)(6) motion to dismiss for failure to state a claim is GRANTED as to Counts IV, V, IX, X and XI. ECF No. 6. Furthermore, Defendant's 12(b)(6) motion is GRANTED in part, and DENIED in part, as to Coun ts III and VIII. The partial dismissal of Count III, and the dismissal of Counts IV and V are with prejudice. The partial dismissal of Count VIII and the dismissal of Counts IX, X, and XI are without prejudice to Plaintiffs' right to file a form al motion seeking leave to file a second amended complaint. If Plaintiffs elect to file such a motion, it shall be filed no later than August 7, 2015, and should be accompanied by a supporting brief, which includes as an exhibit Plaintiffs' prop osed second amended complaint. If Plaintiffs elect not to pursue further amendment within the time-period set forth herein, the partial dismissal of Count VIII and the dismissal of Counts IX, X and XI shall become dismissals with prejudice, and Defendant shall have until August 21, 2015, to file a responsive pleading. Signed by District Judge Mark S. Davis on 7/30/2015. (bgra)
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