Innovative Metals Company, Inc. v. Southwest Sheet Metal of NC, LLC et al

Filing 47

ORDER granting 44 Motion to Dismiss Second Claim for Relief - Signed by District Judge Louise Wood Flanagan on 11/24/2014. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION FILE NO: 7:14-CV-102-FL THE UNITED STATES OF AMERICA, ex. rel. INNOVATIVE METALS COMPANY, INC., Plaintiff, vs. ORDER DISMISSING PLAINTIFF’S SECOND CLAIM FOR RELIEF ONLY BLUE ROCK STRUCTURES INC.; SOUTHWEST SHEET METAL OF NC, LLC; WESTFIELD INSURANCE COMPANY; and CHRISTOPHER FREY, Defendants. ON MOTION of Plaintiff The United States of America, ex rel. Innovative Metals Company, Inc. (“IMETCO” or “Plaintiff”) pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure and this Court’s 12 November 2014 Text Order the Court hereby finds that Plaintiff intends to dismiss its Second Claim for Relief based on quantum meruit and unjust enrichment. This Court further finds that it considers Plaintiff’s terms of dismissal are proper, and the Second Claim for Relief merits dismissal. WHEREFORE, Plaintiff The United States of America, ex rel. Innovative Metals Company, Inc.’s Second Claim for Relief only is hereby DISMISSED. 24th November This the _______day of ___________________, 2014. ____________________________________________________ LOUISE WOOD FLANAGAN DISTRICT COURT JUDGE

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