United States of America, for the use of Advance Concrete, LLC v. THR Enterprises, Inc. et al

Filing 18

ORDER adopting and approving in full the findings and recommendations set forth in 15 Report and Recommendations; granting in part and denying in part 5 Motion to Dismiss, allowing the contract claim as pled, but dismissing the quantum meruit claim, and plaintiff's claim for attorney's fees; denying 6 Motion for More Definite Statement; denying 7 Motion to Stay. Signed by District Judge Rebecca Beach Smith and filed on 8/24/12. (mwin, )

UNITED

STATES

DISTRICT

COURT

Fll FH

EASTERN DISTRICT OF VIRGINIA
*N DISTRICT OF VI!

' n~L-1-^

Norfolk Division

AUG 2 4 2012
UNITED

STATES

ex rel.

OF AMERICA,

ADVANCE CONCRETE,

CLERK, US DISTRICT COURT

LLC,

NORFOLK, VA

Plaintiff,
v.

ACTION NO.

THR ENTERPRISES,

et

2:12cvl98

INC.,

al.,
Defendants.

ORDER

This

matter

Enterprises

and

Alternatively
Action

2012.
E.

comes

before

Hanover

Require

(ECF Nos.

5,

Insurance

More

6,

the

court

the

Company,

Definite

and 7),

on

defendants',

Motion

Statement

to

Dismiss

and/or

filed by the defendants,

THR

Stay

or

the

on May 15,

The matter was referred to United States Magistrate Douglas

Miller by Order of

28 U.S.C.

§

June

636 (b) (1MB)

6,

2012,

Federal

pursuant

Rule of

to the provisions

Civil

Procedure

of

72(b).

The United States Magistrate Judge conducted a hearing on June
25,

2012.

The

Magistrate

filed on July 18,

2012.

Judge's

Report

and

meruit

the

claim

defendants'

defendants'

contract
and

claim

as

plaintiff's

Motion

was

The Magistrate Judge recommended that the

court grant in part and deny in part defendants'
allowing

Recommendation

for

Motion to Stay.

More

Motion to Dismiss,

pled,

but

dismissing

claim

for

attorney's

Definite

Statement;

the

quantum

fees;

deny

and

deny

By copy of
advised

August

of

6,

the

their

2012,

Report

right

the

to

and Recommendation,
file

court

written

objections

received defendants'

Magistrate Judge's Report and Recommendation.
the court received Plaintiff's

The

court,

Recommendation
thereto,

does

having
and

having

were

thereto.

On

Objection to

On August 23,

the

2012,

Response.

examined the
made

hereby adopt

recommendations

the parties

objection

de

novo

and approve

to

the Report

findings

in

full

with

the

and

respect

findings

and

set forth in the Report and Recommendation of the

United States Magistrate Judge filed July 18,

2012.

Accordingly,

the court GRANTS IN PART and DENIES IN PART defendants'

Motion to

Dismiss

pled,

but

claim

for

(ECF

dismissing

the

attorney's

Statement
No.

No.

5),

allowing

quantum

fees;

(ECF No.

meruit

DENIES

6);

the

contract

claim,

defendants'

and

claim

as

plaintiff's

Motion

and DENIES defendants'

for

More

Definite

Motion to Stay

(ECF

7).

The Clerk

shall

forward a copy of

this

Order to counsel

for

the parties.
It

is

so ORDERED.

/_/

Rebecca Beach Smith

United States District Judge
REBECCA BEACH

CHIEF UNITED

Norfolk,

August

Virginia

o\*i ,

2012

SMITH

STATES

DISTRICT JUDGE