United States of America, for the use of Advance Concrete, LLC v. THR Enterprises, Inc. et al, No. 2:2012cv00198 - Document 18 (E.D. Va. 2012)
Court Description: 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, )
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United States of America, for the use of Advance Concrete, LLC v. THR Enterprises, Inc. et al UNITED STATES DISTRICT Doc. 18 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. ยง 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 More Motion to Dismiss, pled, but dismissing claim for attorney's Definite Statement; the quantum fees; deny and deny Motion to Stay. Dockets.Justia.com 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 thereto. made objection de novo and approve to dismissing findings in full with the attorney's Statement No. and respect findings and set forth in the Report and Recommendation of the No. the the 2012, the Report 2012. Accordingly, the court GRANTS IN PART and DENIES IN PART defendants' (ECF On Objection to On August 23, United States Magistrate Judge filed July 18, Dismiss were Response. examined the hereby adopt recommendations the parties 5), allowing quantum fees; (ECF No. meruit DENIES 6); the contract claim, defendants' and claim as plaintiff's Motion and DENIES defendants' for Motion to pled, but claim 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
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