Opinion
Civil Action 23-cv-1963
11-01-2024
335 RIGHTERS FERRY ROAD, LP, Plaintiff, v. MINNO & WASKO ARCHITECTS AND PLANNERS, PC and MOORE CONSULTING ENGINEERS, LLC, Defendants.
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 1st day of November 2024, upon consideration of Third-Party Defendant Harkins Builders' Inc. (“Harkins”)'s Motion to Dismiss Third-Party Plaintiff Minno & Wasko Architects and Planner, PC (“M&W”)'s Third-Party Complaint (ECF No. 81), M&W's Response in Opposition (ECF No. 87), and Harkins's Reply Brief in Further Support of their Motion to Dismiss (ECF No. 92), it is hereby ORDERED this Motion is DENIED in part and GRANTED in part, for the reasons stated in the Court's memorandum, as follows:
1. Harkins's Motion to Dismiss is DENIED as to Counts I, II, III, IV, and V.
2. Harkins's Motion to Dismiss is GRANTED as to Counts VI and VII, with prejudice.
3. Harkins shall file an Answer to the Third-Party Complaint (ECF No. 72) on or before November 22, 2024.