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)

Download PDF
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BILLY MILLER d/b/a PINEY WOODS LUMBER CO., ) ) ) Plaintiff, Counter-Defendant, and ) Third-Party Plaintiff, ) ) v. ) ) DAIRYMAN’S SUPPLY CO., INC., ) ) Defendant and Counter-Plaintiff, ) ) v. ) ) RANDY DRIVER, and WILLIAM CARTER & ) DALE HIX, Individually and d/b/a ) PERFORMANCE AUTO SALES, ) ) Third-Party Defendants. ) 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?