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.)

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