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13-3269 - Jones et al v. Culver Franchising System, Inc.


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13-3269 - Jones et al v. Culver Franchising System, Inc.
December 20, 2013
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MEMORANDUM Opinion and Order Signed by the Honorable Thomas M. Durkin on 12/20/2013. Mailed notice (ao,)
September 29, 2015
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MEMORANDUM Opinion and Order: For the foregoing reasons, the Court denies the following motions: (1) CFSI's Motion to Strike Plaintiff Wilbern's Affidavit, 131; (2) CFSI's Motion to Strike Plaintiffs' Expert John A. Gordon, 122; (3) CFSI's Motion for Partial Summary Judgment on Time-Barred Claims, 99; (4) CFSI's Motion for Summary Judgment On Plaintiffs' Claims for Lost Profits, 123; and (5) CFSI's Motion for Summary Judgment on CFSI's Counterclaim for Breach of Contract and Breach of Personal Guaranty, 96. CFSI's Motion for Summary Judgment on All Claims Brought by Wilbern Enterprises, LLC, 102, is granted in part and denied in part, with the Court dismissing Wilbern Enterprises' claims in Count II only. In addition, Plaintiffs shall file a position statement not to exceed 5 pages within 7 days from the date this Order is entered stating whether Wilbern intends to pursue a claim under Count III based on his guaranty. If Wilbern does intend to pursue such a claim, Plaintiffs' position statement shall provide appropriate argument and citation of authority to support Wilbern's legal right to pursue such a claim. CFSI may file a response, also limited to 5 pages, within 7 days after Plaintiffs' position statement is filed. A status hearing is set for October 21, 2015 at 9:00 a.m. Counsel should be prepared to discuss the expected length of trial, and their own trial schedules, as a firm trial date will be set at the status conference. Signed by the Honorable Thomas M. Durkin on 9/29/2015:Mailed notice(srn, )
June 1, 2016
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MOTION by Defendant Culver Franchising System, Inc. for judgment CFSI's Motion for Judgment As a Matter of Law After Close of Plaintiffs' Case (Farkas, Alan)