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Cole v. Daoud

United States District Court, E.D. Virginia. Norfolk Division.

July 6, 2016

RICHARD T. COLE, Plaintiff in 2:15cv419, Defendant in 2:15cv479,
v.
WADID DAOUD, and DAOUD INVESTMENT HOLDINGS, INC., Defendants in 2:15cv419, Plaintiffs in 2:15cv479

          Richard T. Cole, Plaintiff, represented by Mark Randolf Baumgartner, Pender & Coward PC & Kristen Rodrigue Jurjevich, Pender & Coward PC.

          Wadid Daoud, Defendant, represented by Barry Dorans, Wolcott Rivers Gates P. C. & Jerry Tamayo, May, Meacham & Davell, PC, pro hac vice.

          Daoud Investment Holdings, Inc., Defendant, represented by Barry Dorans, Wolcott Rivers Gates P. C. & Jerry Tamayo, May, Meacham & Davell, PC, pro hac vice.

          Richard T. Cole, Consolidated Defendant, represented by Mark Randolf Baumgartner, Pender & Coward PC & Kristen Rodrigue Jurjevich, Pender & Coward PC.

          Daoud Investment Holdings, Inc., Consolidated Plaintiff, represented by Barry Dorans, Wolcott Rivers Gates P. C., Gerardo Jerry D. Tamayo, May Meacham & Davell P.A. & William Chris Davell, May Meacham & Davell.

          Wadid Daoud, Consolidated Plaintiff, represented by Barry Dorans, Wolcott Rivers Gates P. C., Gerardo Jerry D. Tamayo, May Meacham & Davell P.A. & William Chris Davell, May Meacham & Davell.

          Richard T. Cole, Consolidated Counter Claimant, represented by Mark Randolf Baumgartner, Pender & Coward PC & Kristen Rodrigue Jurjevich, Pender & Coward PC.

          Wadid Daoud, Consol Counter Defendant, represented by Barry Dorans, Wolcott Rivers Gates P. C., Gerardo Jerry D. Tamayo, May Meacham & Davell P.A. & William Chris Davell, May Meacham & Davell.

          Daoud Investment Holdings, Inc., Consol Counter Defendant, represented by Barry Dorans, Wolcott Rivers Gates P. C., Gerardo Jerry D. Tamayo, May Meacham & Davell P.A. & William Chris Davell, May Meacham & Davell.

          MEMORANDUM ORDER

          REBECCA BEACH SMITH, Chief District Judge.

         This matter comes before the court on several motions in two related cases. In case number 2:15cv419 ("419"), on April 18, 2016, the 419 Defendants, Wadid Daoud ("Daoud") and Daoud Investment Holdings ("DIH"), filed a Motion to Strike and accompanying Memorandum in Support, ECF Nos. 44, 45, and a Motion to Dismiss the Amended Complaint and accompanying Memorandum in Support. ECF Nos. 46, 47. On May 13, 2016, the 419 Plaintiff, Richard T. Cole ("Cole"), filed his Responses, ECF Nos. 51, 52, and on May 19, 2016, Daoud and DIH filed their Replies. ECF Nos. 53, 54.

         In case number 2:15cv479 ("479"), on April 18, 2016, the 479 Plaintiffs, Daoud and DIH, filed a Motion to Dismiss the Amended Counterclaim and accompanying Memorandum in Support. ECF Nos. 38, 39. On May 13, 2016, the 479 Defendant, Cole, filed his Response, ECF No. 42, and on May 19, 2016, Daoud and DIH filed their Reply. ECF No. 43.

         On May 20, 2016, this court consolidated the 419 and 479 cases for all purposes under the 419 case number. ECF No. 55 (419 case); ECF No. 44 (479 case). Thereafter, on the same day, this court referred the above motions to United States Magistrate Judge Douglas E. Miller, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of these motions. ECF No. 56 (419 case).

         The Magistrate Judge filed the Report and Recommendation ("R&R") on July 6, 2016. ECF No. 57 (419 case). For the 419 case, the Magistrate Judge recommended denying Daoud and DIH's Motion to Strike (ECF No. 44), and granting in part and denying in part the Motion to Dismiss the Amended Complaint (ECF No. 46). Specifically, the Magistrate Judge recommended granting the Motion to Dismiss the Amended Complaint as to Counts III and IV, and denying it as to Count II. For the 479 case, the Magistrate Judge recommended granting Daoud and DIH's Motion to Dismiss the Amended Counterclaim (ECF No. 38), and dismissing Cole's entire Amended Counterclaim without prejudice, as cumulative of the claims already set forth in consolidated case number 2:15cv419. By copy of the R&R, the parties were advised of their right to file written objections to the ...


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