Jones Welding Company, Inc. v. Paceco Corporation et al

Filing 65

ORDER ADOPTING 63 REPORT AND RECOMMENDATION as the opinion of this Court; granting in part and denying in part 8 MOTION to Dismiss filed by Paceco Corporation; granting the 13 MOTION to Dismiss filed by Graham Brothers Machine, Inc.; granting 20 MOTION to Dismiss filed by Wellcheck, Inc.; denying 29 MOTION to Dismiss American Electric Corporations' Crossclaims, filed by Wellcheck, Inc.; denying 34 MOTION to Dismiss Cross-Claims of American Electric Power Corporation, filed by Graham Brothers Machine, Inc.; dismissing with prejudice Plaintiff's claim for fraud against Paceco, Inc.; and dismissing with prejudice all Plaintiff's claims against Defendants Wellcheck, Inc. and Graham Brothers Machine, Inc. The remaining parties are directed to file a Rule 26(f) Report of Parties' Planning Meeting no later than 8/8/2013. Signed by Judge Callie V. S. Granade on 7/29/2013. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JONES WELDING COMPANY, INC.,
Plaintiff,
vs.
PACECO CORPORATION, et al.,
Defendants.

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CIVIL ACTION NO. 12-0741-CG-B

ORDER
After due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Recommendation
of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the
opinion of this Court.
It hereby is ORDERED that Defendant Paceco Corporation’s motion to
dismiss Plaintiff’s contract claim (Count I) is DENIED, and its motion to dismiss
Plaintiff’s fraud claim (Count VI) (Doc. 8) is GRANTED; Defendant Graham
Brothers Machine, Inc.’s and Defendant Wellcheck, Inc.’s motions to dismiss
Plaintiff’s claims for breach of contract (Count I), work and labor done and
materials provided (Count II), slander and liable (Counts III and IV), tortious
interference with a business relationship (Count V), and fraud (Count VI) (Docs. 13,
20) are GRANTED; and the motions to dismiss American Electric Power
Corporations’ cross-claims for breach of contract (Count I), breach of express
warranty (Count II), and breach of implied warranty (Count II) filed by Defendants

Wellcheck, Inc. and Graham Brothers Machine, Inc. (Docs. 29, 34) are DENIED.
Accordingly, Plaintiff’s claim for fraud (Count VI) against Paceco, Inc. is
DISMISSED with prejudice; and all Plaintiff’s claims against Defendants
Wellcheck, Inc. and Graham Brothers Machine, Inc. are DISMISSED with
prejudice.
The remaining parties are directed to file a Rule 26(f) Report of Parties’
Planning Meeting no later than August 8, 2013.
DONE and ORDERED this 29th day of July, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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