DesRoches v. US Postal Service, Postmaster General

Filing 98

///ORDER granting 95 Motion for Summary Judgment. So Ordered by Judge Paul J. Barbadoro. (vln)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Robert P. DesRoches v. US Postal Service, Poster Master General , et al Civil No. 05-cv-88-PB

ORDER Re: Document No. 95, Motion for Summary Judgment Ruling: DesRoches waived any statute of limitations defense by failing to timely assert it as an affirmative defense. In any event, DesRoches was not unjustly enriched until he received payment from the Postal Service in January 2005. Because the unjust enrichment claim was asserted within a matter of months after DesRoches received payment, the claim is not time barred. Motion granted. The clerk shall enter judgement for the Postal Service consistent with the court's orders and close the case. /s/ Paul Barbadoro Paul Barbadoro U.S. District Judge Date: July 2, 2009 cc: Counsel of Record