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Contract: Recovery/Enforcement | Texas Southern
Memorandum and Order
MEMORANDUM AND ORDER. Therefore, for the foregoing reasons and those stated in a concurrent Memorandum, the BCPDs motions to dismiss claims two and three of the SCECs complaints are granted. Moreover, there is no basis for SCEC entities to continue their litigation against the BCPD, the out of state entities. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
MEMORANDUM AND ORDER. The SCEC entities do not dispute that the claims are no longer, if ever they were, viable. Nor do they assert that the claims asserted are being pursued. However, they contend that the claims are not immaterial or impertinent but provide context... provide background for identification of underpayment patterns. By labeling the claims as context and evidence of an underpayment patterns, SCEC is suggesting that the unrelated claims were also wrongfully handled or underpaid and that the defendants (all) are simply continuing a pattern of conduct that is unlawful. The Court cannot abide by this method of resolving current claims. To permit such pleadings it suggests that those unrelated claims were resolved erroneously or were inappropriately handled by the factfinder. Hence, such use would be prejudicial to due process and the evaluation of current claims. Therefore, the Court Directs that any references to abandoned claims, are stricken. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4).
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