Mullaney v. Ballinger

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Defendant Ballingers previously construed 16 Motion to Remand to State Court, as well as his 24 Motion to Transfer and 47 Motion to Remand to State Court ARE GRANTED IN PART. This Court declin es to retain jurisdiction over, and REMANDS TO STATE COURT, plaintiff, Theresa Mullaneys, original breach of contract claim against defendant, Jim Ballinger, and his original claim in the amount of $14,998.75 against plaintiff, Theres a Mullaney. The Motions to Dismiss of all other parties appearing before this Court (doc. nos. 1-14, 1-19, 3, 5, 6, 11, 18, 22) are GRANTED, including defendant, Jim Ballingers, cross-claim against Nate Mullaney, as well as all cross-claims aga inst all other defendants, all of which are DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM. Defendant Atkins Global is DISMISSED SUA SPONTE based upon plaintiffs failure to perfect service on that cross-claim defendant, or alternativel y, for failure to state a claim. The Motions to Strike defendant, Jim Ballingers, tendered pleading (doc. nos. 26, 30, 31) are DENIED AS MOOT. The alternative Motions for a More Definite Statement filed by the IBM defendants and by Stantec (doc. nos. 3, 5) are DENIED AS MOOT and this case is TERMINATED on the docket of this Court. Signed by Judge Herman J. Weber on 3/27/13. (lk) (Additional attachment(s) added on 3/27/2013: # 1 Certified Mail Receipt) (lk).