M STREET INVESTMENTS, INC. v. ZURICH AMERICAN INSURANCE COMPANY

Civil Action No. 3:13-cv-878(DCB)(MTP).

M STREET INVESTMENTS, INC., Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY, BELFOR USA GROUP, INC., and GARY WILBORN a/k/a GARY WILBURN, Defendants.

United States District Court, S.D. Mississippi, Northern Division.

March 28, 2014.


Attorney(s) appearing for the Case

M Street Investments, Inc., Plaintiff, represented by Tina L. Nicholson , BAKER NICHOLSON, LLP.

Zurich American Insurance Company, Defendant, represented by Richard Edward King , GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH & Aaron M. DeLong , GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH.

Belfor Group USA, Inc., Defendant, represented by Bradley C. Moody , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Adria L. Hertwig , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC & Alan Lee Smith , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC.

Gary Wilborn, Defendant, represented by Herbie Brewer , HERBIE BREWER, ATTORNEY AT LAW, LLC, R. E. Parker, Jr. , VARNER, PARKER & SESSUMS & Clifford C. Whitney, III , VARNER, PARKER & SESSUMS.

Belfor Group USA, Inc., Counter Claimant, represented by Bradley C. Moody , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Adria L. Hertwig , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC & Alan Lee Smith , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC.

Great Southern Investment Group, Inc., Counter Defendant, represented by John D. Moore , LAW OFFICES OF JOHN D. MOORE, PA.

David M Sessums, Defendant, represented by Herbie Brewer , HERBIE BREWER, ATTORNEY AT LAW, LLC.

Joel Blackledge, Defendant, represented by Joel L. Blackledge , BLACKLEDGE LAW FIRM, PA.

M Street Investments, Inc., Counter Defendant, represented by Tina L. Nicholson , BAKER NICHOLSON, LLP.

Gary Wilborn, Cross Claimant, represented by R. E. Parker, Jr. , VARNER, PARKER & SESSUMS & Clifford C. Whitney, III , VARNER, PARKER & SESSUMS.

Zurich American Insurance Company, Cross Defendant, represented by Richard Edward King , GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH.

Gary Wilborn, Counter Claimant, represented by R. E. Parker, Jr. , VARNER, PARKER & SESSUMS & Clifford C. Whitney, III , VARNER, PARKER & SESSUMS.

M Street Investments, Inc., Counter Defendant, represented by Tina L. Nicholson , BAKER NICHOLSON, LLP.

Belfor Group USA, Inc., Counter Claimant, represented by Bradley C. Moody , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Adria L. Hertwig , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC & Alan Lee Smith , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC.

Vicksburg Hotel, LLC, Counter Defendant, represented by William J. Little, Jr. , LENTZ & LITTLE, PA.

Joel Blackledge, Defendant, represented by Joel L. Blackledge , BLACKLEDGE LAW FIRM, PA.

Great Southern Investment Group, Inc., Counter Defendant, represented by John D. Moore , LAW OFFICES OF JOHN D. MOORE, PA.

M Street Investments, Inc., Counter Defendant, represented by Tina L. Nicholson , BAKER NICHOLSON, LLP.


MEMORANDUM OPINION AND ORDER

DAVID BRAMLETTE, District Judge.

This cause is before the Court on defendant Belfor USA Group, Inc. ("Belfor")'s motion to dismiss plaintiff's fraud claims (docket entry 11). Having carefully considered the motion and response, the memoranda and the applicable law, and being fully advised in the premises, the Court finds as follows:

In August of 2012, the Grand Station Hotel in Vicksburg, Mississippi ("Hotel...

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