Roberson Excavation, Inc. v. Dale County Water Authority et al

Filing 30

JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of thecourt as follows: (1) ADOPTING 28 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) the defs' 5 and 7 MOTIONS TO DISMISS are granted as to (1) count I (breach of contract, on and before June 12, 2015 (except retainage), against defendant Dale County Water Authority); (2) count II (tortious interference with a contractual relationship, on and before 6/12/2015, against defendant CDG Engineers and Associates, Inc.); (3) count III (wrongful termination of a contract against both defendant Dale County Water Authority and defendant CDG Engineers and Associates, Inc.); and (4) count IV (wrongful misappropriation of retainage funds against both defendant Dale County Water Authority and defendant CDG Engineers and Associates, Inc.); These claims are dismissed without prejudice ; (3) the defs' 5 and 7 MOTIONS to Dismiss are denied as to (1) count I (b reach of contract, actions and actions regarding the retainage funds post-6/12/2015, against defendant Dale County Water Authority); and (2) count II (tortious interference with a contractual relationship for actions post-6/12/2015, against defendant CDG Engineers and Associates, Inc.); this case is not closed, and is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 10/3/16. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
ROBERSON EXCAVATION, INC., )
)
Plaintiff,
)
)
v.
)
)
DALE COUNTY WATER
)
AUTHORITY and CDG
)
ENGINEERS AND ASSOCIATES, )
INC.,
)
)
Defendants.
)

CIVIL ACTION NO.
1:15cv939-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 28) is adopted.
(2) The defendants’ motions to dismiss (doc. nos. 5
& 7) are granted as to (1) count I (breach of contract,
on and before June 12, 2015 (except retainage), against
defendant Dale County Water Authority); (2) count II
(tortious interference with a contractual relationship,

on

and

before

June

12,

Engineers

and

(wrongful

termination

2015,

Associates,
of

against

Inc.);
a

defendant

(3)

contract

CDG

count

against

III
both

defendant Dale County Water Authority and defendant CDG
Engineers

and

Associates,

Inc.);

and

(4)

count

IV

(wrongful misappropriation of retainage funds against
both

defendant

Dale

County

Water

Authority

defendant CDG Engineers and Associates, Inc.).

and
These

claims are dismissed without prejudice.
(3) The defendants’ motions to dismiss (doc. nos. 5
& 7) are denied as to (1) count I (breach of contract,
actions

and

actions

regarding

the

retainage

funds

post-June 12, 2015, against defendant Dale County Water
Authority);

and

(2)

count

II

(tortious

interference

with a contractual relationship for actions post-June
12,

2015,

against

defendant

CDG

Engineers

and

Associates, Inc.).
This case is not closed, and is referred back to

2

the Magistrate Judge for further proceedings.
DONE, this the 3rd day of October, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE