Trex Properties LLC v. 25th Street Holding Company Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:21-CV-00458-KDB-DSC TREX PROPERTIES LLC, Plaintiffs, v. ORDER 25TH STREET HOLDING COMPANY, INC. ET AL., Defendants. THIS MATTER is before the Court on Plaintiff Trex Properties LLC’s (“Trex”) motion to dismiss Defendant Powder Coating Services, Inc.’s (“Powder”) counterclaim for constructive fraud (Doc. No. 1677); the memorandum and recommendation of Magistrate Judge David Cayer on August 23, 2022, recommending the motion be denied (Doc. No. 1704); Trex’s objection to that M&R…