Mobile Attic, Inc. et al v. Cash et al

Filing 202

OPINION and ORDER: it is ORDERED and ADJUDGED as follows: 1) The Bagley Family Trust's 164 Motion for Summary Judgment on Count Five of the Intervenor Complaint and Mobile Attic's 165 Motion for Summary Judgment are granted as to count five of the amended intervenor complaint, and said count is dismissed with prejudice. Said summary-judgment motions remain pending in all other respects; 2) Count three of the amended complaint is dismissed with prejudice, and Barfield, Murphy, Shank & Smith, PC is dismissed and completely terminated as a party in this action. Signed by Honorable Judge Myron H. Thompson on 5/18/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
MOBILE ATTIC, INC.,
MA MANUFACTURING COMPANY,
INC., and BAGLEY FAMILY
REVOCABLE TRUST,

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Plaintiffs,
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v.
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PETER L. CASH, CASH BROTHERS
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LEASING, INC., BRIDGEVILLE
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TRAILERS, INC., and BARFIELD,
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MURPHY, SHANK & SMITH, P.C.,
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Defendants.
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NATIONAL SECURITY GROUP, INC.,
Intervenor Plaintiff,
v.
PETER L. CASH, BARFIELD,
MURPHY, SHANK & SMITH, P.C.,
MOBILE ATTIC, INC., and BAGLEY
FAMILY REVOCABLE TRUST,
Intervenor Defendants.

CIVIL ACT. NO. 1:09cv24-MHT
(WO)

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OPINION and ORDER
Now pending before the court is the Bagley Family Trust’s motion for summary
judgment (doc. # 164) and Mobile Attic’s motion for summary judgment (doc. # 165). The
Bagley Family Trust and Mobile Attic seek summary judgment on count five of the
intervenor complaint which is a claim of unjust enrichment. In response to the motions for

summary judgment and during the pretrial conference held on May 17, 2012, the parties
agreed that count five of the intervenor complaint is due to be dismissed. See Doc. # 173 at
3; Doc. # 186 at 3-4, 27.
The parties have also settled count three of the Bagley Family Trust and Mobile
Attic’s amended complaint (doc. # 91) with defendant Barfield, Murphy, Shank & Smith,
P.C.
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Accordingly, it is ORDERED and ADJUDGED as follows:
1.

The Bagley Family Trust’s motion for summary judgment on count five of the

intervenor complaint (doc. # 164) and Mobile Attic’s motion for summary judgment (doc.
# 165) are granted as to count five of the amended intervenor complaint, and said count is
dismissed with prejudice. Said summary-judgment motions remain pending in all other
respects.
2.

Count three of the amended complaint is dismissed with prejudice, and

Barfield, Murphy, Shank & Smith, P.C. is dismissed and completely terminated as a party
in this action.
Done, this the 18th day of May, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE