Miller v. Dairyman Supply Company, Inc.

Filing 103

ORDER: For the reasons set forth in the accompanying Memorandum, the court hereby finds as follows: Dairyman's Motion for Summary Judgment 52 is GRANTED IN PART and DENIED IN PART. Dairyman's request to strike Carter & Hix's Response to Dairyman's Motion for Summary Judgment (Docket No. 82 , pp. 2-4) is DENIED. Carter & Hix's Motion for Summary Judgment 74 is GRANTED IN PART and DENIED IN PART. Miller's Motion for Summary Judgment 77 is GRANTED IN PART and DE NIED IN PART. Miller's third-party claim against Carter & Hix for unjust enrichment is hereby DISMISSED WITH PREJUDICE. Miller's third-party claims against Carter & Hix for breach of contract, promissory estoppel, and equitable estoppel wi ll remain for trial. Dairyman's TCPA claim is DISMISSED WITH PREJUDICE. Dairyman's request for summary judgment in its favor on its breach of contract claim is GRANTED as to liability, subject to resolution of a dispute concerning the appropriate measure of its damages. Miller's third-party claim against Driver will remain for trial. Signed by District Judge Aleta A. Trauger on 6/12/12. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BILLY MILLER d/b/a PINEY WOODS
LUMBER CO.,

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)
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Plaintiff, Counter-Defendant, and
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Third-Party Plaintiff,
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v.
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DAIRYMAN’S SUPPLY CO., INC.,
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Defendant and Counter-Plaintiff,
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v.
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RANDY DRIVER, and WILLIAM CARTER & )
DALE HIX, Individually and d/b/a
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PERFORMANCE AUTO SALES,
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Third-Party Defendants.
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Case No. 3:10-cv-0819
Judge Trauger

ORDER
For the reasons set forth in the accompanying Memorandum, the court hereby finds as
follows:
•

Dairyman’s Motion for Summary Judgment (Docket No. 52) is
GRANTED IN PART and DENIED IN PART. Dairyman’s request to
strike Carter & Hix’s Response to Dairyman’s Motion for Summary
Judgment (Docket No. 82, pp. 2-4) is DENIED.

•

Carter & Hix’s Motion for Summary Judgment (Docket No. 74) is
GRANTED IN PART and DENIED IN PART.

•

Miller’s Motion for Summary Judgment (Docket No. 77) is GRANTED
IN PART and DENIED IN PART.

•

Miller’s third-party claim against Carter & Hix for unjust enrichment is
hereby DISMISSED WITH PREJUDICE. Miller’s third-party claims
against Carter & Hix for breach of contract, promissory estoppel, and
equitable estoppel will remain for trial.

•

Dairyman’s TCPA claim is DISMISSED WITH PREJUDICE.
Dairyman’s request for summary judgment in its favor on its breach of
contract claim is GRANTED as to liability, subject to resolution of a
dispute concerning the appropriate measure of its damages.

•

Miller’s third-party claim against Driver will remain for trial.

It is so ORDERED.
Enter this 12th day of June 2012.
_____________________________
ALETA A. TRAUGER
United States District Judge