Chaffe McCall, LLP v. World Trade Center of New Orleans et al

Filing 112

ORDER granting 84 Motion to Strike 61 Counterclaim ; granting 91 Motion to Dismiss. FURTHER ORDERED: All Full Spectrum's claims against WTC and NOBC are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that NOBC's request for attorney's fees and costs is hereby DENIED. Signed by Judge Carl Barbier on 8/7/2009. (mmm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHAFFE MCCALL, LLP VERSUS WORLD TRADE CENTER OF NEW ORLEANS ET AL ORDER Before the Court are the World Trade Center of New Orleans, Inc.'s ("WTC") Motion to Strike or Dismiss First Amended and Supplemental Counterclaim of Full Spectrum of NY, LLC (Rec. Doc. 84) and New Orleans Building Corporation's ("NOBC") Motion to Dismiss Claims under F.R.C.P. 12(b)(6) (Rec. Doc. 91), both of which seek dismissal of Full Spectrum of NY, LLC's ("Full Spectrum") counterclaims in this case. NOBC's motion CIVIL ACTION NO: 08-4432 SECTION: "J"

additionally seeks an award of attorney's fees and costs under Louisiana Revised Statutes Section 51:1409(A) for defending against Full Spectrum's claims under the Louisiana Unfair Trade Practices Act ("LUTPA"). In response, Full Spectrum has

indicated that it wishes to voluntarily dismiss all pending claims against WTC and NOBC in the above-captioned matter. Accordingly, IT IS ORDERED that WTC's Motion to Strike or Dismiss First Amended and Supplemental Counterclaim of Full Spectrum of NY, LLC (Rec. Doc. 84) and NOBC's Motion to Dismiss Claims under F.R.C.P. 12(b)(6) (Rec. Doc. 91) are hereby GRANTED, and that all Full

Spectrum's claims against WTC and NOBC in the above-captioned matter are hereby DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that NOBC's request for attorney's fees and costs is hereby DENIED. New Orleans, Louisiana this 7th day of August, 2009.

____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE

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