Meth Lab Cleanup, LLC v. Spaulding Decon, LLC et al

Filing 114

ORDER AND FINAL JUDGMENT: Final Judgment is granted in favor of Plaintiff METH LAB CLEANUP, LLC and against Defendants SPAULDING DECON, LLC and LAURA SPAULDING on Count IV of the Complaint (Dkt. 1; see Dkt. 104, p. 10, wherein each count is spec ified and referred to as a "Breach"); Final Judgment is granted against Plaintiff METH LAB CLEANUP, LLC and in favor of Defendants SPAULDING DECON, LLC and LAURA SPAULDING on Counts III and V of the Complaint. Counts I and II of the Compla int (Dkt. 1), which represent all remaining counts in the complaint, are DISMISSED WITH PREJUDICE. Final Judgment is granted against Defendants/Counter-Claimants/Third-Party Plaintiffs SPAULDING DECON, LLC and LAURA SPAULDING and in favor of Plainti ff/Counter-Defendant METH LAB CLEANUP, LLC and Third-Party Defendants JOSEPH AND JULIE MAZZUCA on Counts II, III, V, and VI of the Counterclaim (Dkt. 32). Counts I and IV of the Counter-claim (Dkt. 32), which represent all remaining counterclaims, a re DISMISSED WITH PREJUDICE. On all dismissed claims and counterclaims, the parties shall bear their own costs, expenses, and attorney's fees. The Court retains jurisdiction to rule on the parties' entitlement to damages, costs, and attor ney's fees on those claims for which they are the prevailing party. The Court retains jurisdiction for a period of one (1) year to enforce the terms of the parties' settlement. The Clerk is directed to close this case and terminate all pending motions as moot. Signed by Judge James S. Moody, Jr on 5/10/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

METH LAB CLEANUP, LLC,
Plaintiff,
v.

Case No: 8:14-cv-3129-T-30TBM

SPAULDING DECON, LLC and
LAURA SPAULDING,
Defendants.

ORDER AND FINAL JUDGMENT
THIS CAUSE is before the Court on the Parties' Joint Stipulation of Dismissal and
Notice of Settlement (Dkt. 112). In notifying the Court of their settlement, the parties in
this breach of contract case also ask the Court to enter final judgment on those claims and
counterclaims the Court previously resolved in summary judgments (See Dkts. 39, 70, and
104) and to dismiss with prejudice those claims and counterclaims that remain. The Court
has reviewed the request and is otherwise advised in the premises.
It is ORDERED AND ADJUDGED that:
1.

Final Judgment is granted in favor of Plaintiff METH LAB CLEANUP, LLC
and against Defendants SPAULDING DECON, LLC and LAURA
SPAULDING on Count IV of the Complaint (Dkt. 1; see Dkt. 104, p. 10,
wherein each count is specified and referred to as a “Breach”); Final

Judgment is granted against Plaintiff METH LAB CLEANUP, LLC and in
favor of Defendants SPAULDING DECON, LLC and LAURA
SPAULDING on Counts III and V of the Complaint.
2.

Counts I and II of the Complaint (Dkt. 1), which represent all remaining
counts in the complaint, are DISMISSED WITH PREJUDICE.

3.

Final Judgment is granted against Defendants/Counter-Claimants/ThirdParty Plaintiffs SPAULDING DECON, LLC and LAURA SPAULDING
and in favor of Plaintiff/Counter-Defendant METH LAB CLEANUP, LLC
and Third-Party Defendants JOSEPH AND JULIE MAZZUCA on Counts
II, III, V, and VI of the Counterclaim (Dkt. 32).

4.

Counts I and IV of the Counter-claim (Dkt. 32), which represent all
remaining counterclaims, are DISMISSED WITH PREJUDICE.

5.

On all dismissed claims and counterclaims, the parties shall bear their own
costs, expenses, and attorney’s fees.

6.

The Court retains jurisdiction to rule on the parties’ entitlement to damages,
costs, and attorney’s fees on those claims for which they are the prevailing
party.

7.

The Court retains jurisdiction for a period of one (1) year to enforce the terms
of the parties’ settlement.

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8.

The Clerk is directed to close this case and terminate all pending motions as
moot.

DONE and ORDERED in Tampa, Florida, this 10th day of May, 2016.

Copies furnished to:
Counsel/Parties of Record

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