Citations
- 966 F. Supp. 63
Full opinion text
ORDER
LINDSAY, District Judge.
Recommendation Accepted. Objections filed by the plaintiff have not been considered because they were not timely filed.
ORDER ON RECONSIDERATION
Motion for Reconsideration is allowed. On reconsideration, the Court accepts the Report and Recommendation for the Magistrate Judge on the merits.
REPORT AND RECOMMENDATION RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON COURTS I (BREACH OF CONTRACT), II (ACCOUNT ANNEXED), III (WORK), AND V (QUANTUM MERUIT) (DOCKET ENTRY #72)
ORDER RE: PLAINTIFF’S MOTION FOR AN ORDER THAT NO MATERIAL FACTS ARE IN DISPUTE WITH REGARD TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DOCKET ENTRY #97); PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S STATEMENT OF MATERIAL FACTS IN OPPOSITION TO SUMMARY JUDGMENT BY AFFIDAVIT OF WALLACE SWETT (DOCKET ENTRY #86); PLAINTIFF’S MOTION TO STRIKE AFFIDAVIT OF CHARITY DOBBINS, ESQUIRE (DOCKET ENTRY #88); PLAINTIFF’S MOTION TO STRIKE THE (REPLACEMENT) AFFIDAVIT OF CHARITY DOBBINS, ESQ. (DOCKET ENTRY #95); PLAINTIFF’S MOTION FOR SANCTIONS (DOCKET ENTRY #109); PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION FOR LEAVE OF COURT TO FILE THE REPLACEMENT AFFIDAVIT OF CHARITY DOBBINS (DOCKET ENTRY #104)
May 9, 1996.
BOWLER, United States Magistrate Judge.
Pending before this court are the above styled motions. (Docket Entry # # 72, 86, 88, 95, 97, 104 & 109). After conducting a hearing (Docket Entry # 113), this court took the motions (Docket Entry # # 72, 86, 88, 95, 97, 104 & 109) under advisement.
PROCEDURAL BACKGROUND AND MOTIONS TO STRIKE
Plaintiff Fraser and Wise, P.C. (“Fraser & Wise”), a Massachusetts professional corporation organized for the purpose of practicing law, filed this action in December 1993 to collect payment on legal bills incurred in the course of representing defendant Primarily Primates, Inc. (“PPI”), a nonprofit Texas corporation. The complaint seeks recovery on the basis of breach of contract (Count I), fraud (Count IV) and quantum meruit (Count V). Fraser & Wise additionally brings counts entitled “Account Annexed” (Count II) and