Tennessee Valley Marble Holding Company v. Grunley Construction et al

District of Columbia, dcd-1:2004-cv-01616

ORDER granting {{44}} defendant Atlantic's Motion {{44}} for Partial Summary Judgment on Count III against plaintiff and therefore the plaintiff is not entitled to its claims for damages under Count III; plaintiff's Motion {{45}} for Discovery Sa nctions is DENIED; defendant Atlantic's Motion 46 to Dismiss is DENIED as moot; plaintiff's Motion 48 to Strike is DENIED; plaintiff's Motion {{51}} for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED only as to Count IV against defendant Grunley and therefore a valid and enforceable contract exists between TVM and Grunley. The motion is DENIED as to Counts I and II. Signed by Judge Royce C. Lamberth on 5/17/06. (lcrcl1,)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ UNITED STATES OF AMERICA) ex rel. TENNESSEE VALLEY MARBLE) HOLDING COMPANY,)) Plaintiff,)) Civil Action No. 04-1616 (RCL) v.)) GRUNLEY CONSTRUCTION, et al.,))) Defendants.) ____________________________________) ORDER Upon consideration of defendant Atlantic's Motion [44] for Partial Summary Judgment, plaintiff's Motion for Discovery Sanctions, [45] plaintiff's Motion to Strike [48], and plaintiff's Motion for Partial Summary Judgment [51], the oppositions and replies thereto, the record herein and for good cause shown, it is hereby ORDERED that defendant Atlantic's Motion [44] for Partial Summary Judgment is GRANTED on Count III against plaintiff and therefore the plaintiff is not entitled to its claims for damages under Count III; it is further ORDERED that plaintiff's Motion [45] for Discovery Sanctions is DENIED; it is further ORDERED that defendant Atlantic's Motion [46] to Dismiss is DENIED as moot; it is further ORDERED the plaintiff's Motion [48] to Strike is DENIED; it is further ORDERED that plaintiff's Motion [51] for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED only as to Count IV against defendant Grunley and therefore a valid and enforceable contract exists between TVM and Grunley. The motion is DENIED as to Counts I and II. SO ORDERED. Signed by Royce C. Lamberth, United States District Judge, May 17, 2006. 2