Cheswell, Inc. v. Premier Homes and Land Corp.

FURTHER MEMORANDUM AND ORDER WITH REGARD TO ROBERT WARD’S MOTION FOR SUMMARY JUDGMENT (Document No. 115)

NEIMAN, United States Magistrate Judge.

On May 26, 2004, the court was prepared to deny Robert Ward (‘Ward”)’s motion for summary judgment as to Count Eleven, alleging negligence, “subject to proof that Chesterfield properly assigned to Plaintiff [i.e., Cheswell, Inc.,] its rights arising out of the relationship between Chesterfield and Ward.” Since that time, the court has received ample evidence from Plaintiff that a valid assignment did indeed occur. Specifically, in affidavits signed on…