ONE AND KEN VALLEY HOUSING GROUP et al v. MAINE STATE HOUSING AUTHORITY - Document 82
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 65 Report and Recommendations on 54 Motion to Dismiss filed by SECRETARY, US DEPT OF HOUSING AND URBAN DEVELOPMENT. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ONE AND KEN VALLEY HOUSING )
GROUP, ET AL.,
MAINE STATE HOUSING
THIRD-PARTY PLAINTIFF )
SHAUN DONOVAN, Secretary,
United States Department of
Housing & Urban Development, )
THIRD-PARTY DEFENDANT )
CIVIL NO. 09-642-B-H
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On June 24, 2011, the United States Magistrate Judge filed with the
court, with copies to counsel, her Recommended Decision on Third-Party
Defendant’s Motion for Partial Dismissal of Third-Party Complaint. The thirdparty plaintiff filed an objection to the Recommended Decision on July 8, 2011.
Oral argument was held on October 11, 2011.
I have reviewed and considered the Recommended Decision, together
with the entire record; I have made a de novo determination of all matters
recommendation of the United States Magistrate Judge for the reasons set
forth in the Recommended Decision, and determine that no further proceeding
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED.
The third-party defendant’s motion for partial
dismissal of the Third-Party Complaint is GRANTED as follows: Count I is
DISMISSED. Count II is DISMISSED
to the limited extent that it asserts a
claim for indemnification and also to the extent that it asserts breach of
contract claims purporting to reach beyond the six-year statute of limitations.
Count III is DISMISSED
to the limited extent that it seeks a declaration
of rights and responsibilities concerning non-party contracts.
The plea for
prospective injunctive relief stated in paragraph C of page 7 of the Third-Party
Complaint is STRICKEN. The demand for trial by jury is STRICKEN.
DATED THIS 12TH DAY OF OCTOBER, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE