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16-2747 - Gas Products Corporation v. BTU Marketing LLC et al


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16-2747 - Gas Products Corporation v. BTU Marketing LLC et al
February 7, 2017
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ORDER granting in part and denying in part 30 Defendants Motion to Dismiss Plaintiffs Amended Complaint for Failure to State a Claim Pursuant to F.R.C.P. 12(b)(6) by Magistrate Judge Michael E. Hegarty on 02/07/2017. Because Plaintiff does not allege that Defendants conduct caused a third party to breach an existing contract, the Court dismisses Plaintiffs third cause of action. (mdave, )
September 22, 2017
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ORDER granting in part and denying in part 42 Motion for Summary Judgment as to All Claims in this Case by Magistrate Judge Michael E. Hegarty on 09/22/2017. The Court holds that GPCs remaining three claims are not time barred. Additionally, disputed issues of material fact exist on each of the claims. Because GPC does not provide admissible evidence supporting its theory that Defendants interfered with its prospective contractual relationships by disclosing GPCs credit issues to its customers, the Court grants summary judgment on this theory. The Court grants summary judgment for Montigo on its breach of contract claim, because GPC does not rebut Montigos evidence establishing the counterclaim. The Clerk of the Court is directed to enter judgment in favor of Montigo in the sum of $9,583.39. The Court defers execution of this judgment until a final judgment is rendered on GPCs affirmative claims. Additionally, because Montigo pleaded its unjust enrichment claim in the alternative, the Court dismisses that claim as moot. (mdave, )