United States of America for the use and benefit of Rieck Group, LLC et al v. Monarch Construction Company et al

Filing 49

OPINION SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 27 ); OPINION OVERRULING DEFENDANTS' CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 30 ); OPINION SUSTAINING IN PART AND OVERRULI NG IN PART DEFENDANTS' OBJECTIONS (DOC. 46 ) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. 45 ); SAID JUDICIAL FILING ADOPTED IN PART AND REJECTED IN PART; THIS OPINION IS NOT A FINAL APPEALABLE ORDER. Signed by Judge Walter H Rice on 9/30/2009. (sc1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES, ex rel., RIECK GROUP, LLC, Plaintiff, vs. MONARCH CONSTRUCTION COMPANY, et al., Defendants.

: : : Case No. 3:08cv172 : JUDGE WALTER HERBERT RICE : : :

OPINION SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGEMENT (DOC. #27); OPINION OVERRULING DEFENDANTS' CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. #30); OPINION SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS' OBJECTIONS (DOC. #46) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #45); SAID JUDICIAL FILING ADOPTED IN PART AND REJECTED IN PART; THIS OPINION IS NOT A FINAL APPEALABLE ORDER

Based on reasoning and citations of authority to be set forth in an expanded opinion which will be filed shortly, the Court sustains in part and overrules in part Plaintiff's Motion for Partial Summary Judgment (Doc. #27); overrules Defendants' Cross Motion for Partial Summary Judgment (Doc. #30); and sustains in part and overrules in part Defendants' Objections (Doc. #46) to the Report and

Recommendations of the Magistrate Judge (Doc. #45). Said judicial filing is adopted in part and rejected in part. Since this is not a final appealable order, this Court directs the Clerk of Courts not to enter judgment herein.

September 30, 2009 /s/ Walter Herbert Rice WALTER HERBERT RICE, JUDGE UNITED STATES DISTRICT COURT Copies to: Counsel of Record.

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