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06-1136 - Professional Facilities Management, Inc. v. Emcor Facilities Services, Inc.


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06-1136 - Professional Facilities Management, Inc. v. Emcor Facilities Services, Inc.
December 20, 2007
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OPINION. An appropriate order will be entered. Signed by Judge Myron H. Thompson on 12/20/2007. (cb, )
December 20, 2007
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ORDERED that: (1) Defendant EMCOR Facilities Services, Inc.'s 23 Motion for Summary Judgment (Doc. No. 23) is granted in favor of defendant EMCOR FacilitiesServices, Inc. on (a) plaintiff Professional Facilities Management, Inc.'s fraud claim and (b) plaintiff Professional Facilities Management, Inc.s breach-of-contract claim on the second contract to the extent plaintiffProfessional Facilities Management, Inc. seeks contractual damages for future profits; and (2) Said motion for summary judgment is DENIED on (a)plaintiff Professional Facilities Management, Inc.'s breach-of-contract claim on the first contract and (b) plaintiff Professional Facilities Management, Inc.s breach-of-contract claim on the second contract to the extent plaintiff Professional Facilities Management, Inc. seeks to recover for work performed. These claims will go trial. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 12/20/2007. (Attachments: # (1) Civil Appeals Checklist)(cb, )
March 26, 2008
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JUDGMENT: The court having been informed that this cause is now settled, it is the ORDER, JUDGMENT, and DECREE of the court that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs and with leave to the parties, within 45 days, to stipulate to a different basis for dismissal or to stipulate to the entry of judgment instead of dismissal, and with leave to any party to file, within 45 days, a motion to have the dismissal set aside and the case reinstated or the settlement enforced, should the settlement not be consummated. Further ORDERED that all outstanding motions are denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Judge Myron H. Thompson on 3/26/2008. (Attachments: #(1) Civil Appeals Checklist) (Deadlines terminated: Final Pretrial Conference set for 5/20/2008 and Jury Trial set for 6/23/2008) (dmn)