SE Property Holdings, LLC v. Sandy Creek II, LLC et al

Filing 53

ORDER ADOPTING 52 REPORT AND RECOMMENDATIONS re 39 MOTION to Dismiss Counterclaim filed by SE Property Holdings, LLC. Plaintiff's Motion to Dismiss Paul Peed and Rayond Peed's Counterclaim (Doc. 39)is denied in part and granted in part so that the counterclaim for declaratory judgment is not dismissed and the counterclaims for equitable estoppel and promissory estoppel are dismissed with prejudice. Signed by Judge Kristi K. DuBose on 10/30/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SE PROPERTY HOLDINGS, LLC,
:

Plaintiff,

:
vs.

:

CIVIL ACTION 12-0303-KD-M

SANDY CREEK, II, LLC, et al.,
:

Defendants.

ORDER
After due and proper consideration of all pleadings in
this file, and there having been no objections filed, the
Recommendation of the Magistrate Judge (Doc. 52) made under
28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this
Court.
Accordingly, it is ORDERED that Plaintiff SE Property
Holdings, LLC’s Motion to Dismiss Paul Peed and Raymond
Peed’s Counterclaim (Doc. 39) is denied in part and granted
in part so that the counterclaim for declaratory judgment
is

not

dismissed

estoppel

and

and

the

promissory

counterclaims

estoppel

are

for

equitable

dismissed

with

prejudice.
DONE and ORDERED this the 30th day of October, 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE