Opinion
Civil Action 22-711
11-07-2022
HORIZON STEVEDORING, INC., Plaintiff/Counterclaim Defendant, v. ROYAL WHITE CEMENT, INC., Defendant/Counterclaim Plaintiff. v. JOHN BROWN, Counterclaim Defendant
ORDER
Berle M. Schiller, J.
AND NOW, this 7th day of November 2022, upon consideration of the Motion for Partial Judgment on the Pleadings by Counterclaim Defendants Horizon Stevedoring, Inc. and John Brown (ECF 12), Counterclaim Plaintiff Royal White Cement's Response (ECF 13) and Counterclaim Defendants' Reply (ECF 16), and consistent with the accompanying Memorandum of Law, it is ORDERED that Counterclaim Defendants' Motion is GRANTED IN PART and DENIED IN PART as follows:
1. The Motion is DENIED with respect to Count II-RWC's counterclaim for unjust enrichment-and with respect to Counts III and IV of RWC's Counterclaim to the extent they assert claims for negligent misrepresentation;
2. The Motion is GRANTED with respect to Count V-RWC's counterclaim for conversion-and with respect to Counts III and IV of RWC's Counterclaim to the extent they assert claims for fraudulent misrepresentation;
3. Counts III and IV of RWC's Counterclaim are DISMISSED to the extent they assert claims for fraudulent misrepresentation with leave to amend if RWC can
plead facts sufficient to meet the requirements of Rule 9(b); and
4. Count V is DISMISSED with prejudice.
RWC shall file an Amended Counterclaim, if any, or notify the Court that it will proceed on its remaining counterclaims on or before Monday, November 21, 2022.