Page:Olcott v. Delaware Flood Co.pdf/9

 waste, breach of fiduciary duties and interference with business and investment objectives, were.

(emphasis added). Defendants rely on this single statement in the pre-trial order to argue the district court dismissed Plaintiff’s state law fraud and contract claims. The district court’s description of its prior ruling was an unfortunate misstatement. The February 4, 1998 order clearly did not dismiss Plaintiff’s fraud and breach of contract claims. Instead, the order noted that these claims were still viable but that, in the interest of judicial economy, "Plaintiff [would not be allowed] to put on evidence to prove a fraud claim when Plaintiff has already received a judgment in his favor entitling him to the same damages." The district court never dismissed Plaintiff’s fraud and breach of contract claims.

Reading the pre-trial order as a whole clarifies that "in the interest of efficiency and judicial economy” the district court “merged” these claims into the default order, in effect placing all substantive matters on hold pending resolution of the default order. -9-