ONE AND KEN VALLEY HOUSING GROUP et al v. MAINE STATE HOUSING AUTHORITY, No. 1:2009cv00642 - Document 82 (D. Me. 2011)
Court Description: 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)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT DISTRICT OF MAINE ONE AND KEN VALLEY HOUSING ) GROUP, ET AL., ) ) PLAINTIFFS ) ) v. ) ) MAINE STATE HOUSING ) AUTHORITY, ) ) ) DEFENDANT AND THIRD-PARTY PLAINTIFF ) ) V. ) ) 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 adjudicated by the Recommended Decision; and I concur with the recommendation of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. 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 IN PART, 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 IN PART, 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. SO ORDERED. DATED THIS 12TH DAY OF OCTOBER, 2011 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
