Colonna's Shipyard, Inc. v. Coastal Cement Corporation, No. 2:2022cv00395 - Document 39 (E.D. Va. 2023)

Court Description: OPINION AND ORDER granting Defendant's 23 Motion to Dismiss Count Two of the Complaint. Signed by Chief District Judge Mark S. Davis on 5/9/23. (jhie, )

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Colonna's Shipyard, Inc. v. Coastal Cement Corporation Doc. 39 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division COLONNA'S SHIPYARD, INC., Plaintiff, Civil No. 2:22cv395 V. COASTAL CENENT CORPORATION, Defendant. OPINION l^ND ORDER This matter is before the Court on a partial motion to dismiss filed by Defendant, Coastal pursuant to Rule 12(b)(6). legal questions are Cement Corporation ECF No. 23. adequately (^'Coastal") / Because the facts and presented in the motion and subsequent briefs, and oral argument would not aid in the decisional process, the Court finds that a hearing is unnecessary. For the reasons explained herein, the Court GRANTS Coastal's motion. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff, Colonna's Shipyard, Inc. ("Colonna's") provides maintenance, repair, and fabrication services to customers in the maritime industry, including Coastal. ECF No. 1 SISI 6-8. February entered 2022, Colonna's and Coastal into In a "Vessel Repair/Project Agreement" (the "Agreement") whereby Colonna's was to perform various repairs on a vessel owned by Coastal (the "Vessel"). Id. 1 8. The scope of the repairs included, but was not limited to, converting the Vessel into a "ship unloading barge" Dockets.Justia.com

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