Order granting in part and denying in part 29 Motion for Summary — No. 8:21-cv-03210 (Dkt. 54, D. Md.)

Summary

An order dated September 21, 2023 in Cross River Bank v. 3 Bea's Assisted Living LLC, et al., Case No. TJS-21-3210, in the U.S. District Court for the District of Maryland. For the reasons in an accompanying Memorandum Opinion, the court grants in part and denies in part Cross River Bank's Motion for Summary Judgment (ECF No. 29). The motion is granted on Counts One (Breach of Contract) and Seven (Fraudulent Conveyance) and denied on the money had and received, unjust enrichment, conversion, fraud and negligent misrepresentation counts. Under Rule 56(f), the court gives notice that it will enter judgment for Defendants on the denied counts unless Plaintiff moves to dismiss them voluntarily within seven days, and it directs a proposed order within 14 days. It is signed /s/ by Chief United States Magistrate Judge Timothy J. Sullivan.

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“Order granting in part and denying in part 29 Motion for Summary — No. 8:21-cv-03210 (Dkt. 54, D. Md.).” Original at ecf.mdd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-in-part-and-denying-in-part-29-motion-for-summary-no-8-dc45a8cf69/, SHA-256 2dd2008ccb73a624585ec4bcdb4e2bf36554bc4514fbc392a77544d7b3fe6df6.

Full text

                         IN THE UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF MARYLAND


 CROSS RIVER BANK,                                *

        Plaintiff,                                *

                                                  *          Case No. TJS-21-3210
 v.
                                                  *
 3 BEA’S ASSISTED LIVING LLC, et al.,
                                                  *
        Defendants.
                              *       *      *        *      *      *

                                             ORDER

       For the reasons stated in the accompanying Memorandum Opinion, Plaintiff Cross River

Bank’s Motion for Summary Judgment (“Motion”) (ECF No. 29) is GRANTED IN PART and

DENIED IN PART. The Motion is granted as to Counts One (Breach of Contract) and Seven

(Fraudulent Conveyance). The Motion is denied as to Counts Two (Money Had and Received),

Three (Unjust Enrichment), Four (Conversion), Five (Fraud/Misrepresentation), and Six

(Negligent Misrepresentation).

       Pursuant to Rule 56(f), the Court gives notice that it will enter judgment in favor of

Defendants on all counts for which the Motion is denied unless Plaintiff moves for the voluntary

dismissal of those counts within seven days of the date of this Order.

       Plaintiff shall file a proposed order as directed in the Memorandum Opinion within 14 days

of the date of this Order. The deadline to file any response and reply will be governed by Local

Rule 105.2.

       This Order is not a final judgment under Rule 58.
      It is so ordered.

Date: September 21, 2023              /s/
                               Timothy J. Sullivan
                               Chief United States Magistrate Judge




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