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12-2393 - BHC Development, LC et al v. Bally Gaming, Inc


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12-2393 - BHC Development, LC et al v. Bally Gaming, Inc
May 9, 2013
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MEMORANDUM AND ORDER granting 38 Motion to Compel Discovery. Excluding work product and attorney-client privileged documents, Plaintiffs shall, within twenty-eight days of the date of this order, produce all documents showing or discussing the search conducted by them for the selection of replacement software. This production shall be undertaken consistent with the agreement set out in 54 Agreed Motion to Stay. An award of expenses or fees is inappropriate under the circumstances. Each party shall bear its own attorney fees and expenses incurred in connection with the motion to compel. It is further ordered that, consistent with 56 Order of April 11, 2013, the stay on the briefing on 49 Konami Gaming, Inc.s Motion for Leave to Intervene and Motion to Stay Ruling on Motion to Compel is hereby lifted. Briefing on that motion will re-commence fourteen days after the production ordered herein. If no response to that motion is filed within that time-period, the Court may find the motion moot without further notice. Signed by Magistrate Judge Gerald L. Rushfelt on 5/9/2013. (bw)
December 4, 2013
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MEMORANDUM AND ORDER - Defendant's 83 Motion For Summary Judgment filed July 15, 2013, be and hereby is sustained as to plaintiffs' fraudulent inducement claim (Count III) and breach of express warranty claim (Count IV). The Court further finds that plaintiffs' damages on their contract claim are limited to $281,135.00. Further, overruling as to plaintiffs' breach of contract claim (Count I), negligent misrepresentation claim (Count II) and breach of implied warranty claim (Count V). Further, that Defendant's 83 Motion For Summary Judgment filed July 15, 2013, be and hereby is overrulled as to its counterclaim for breach of contract. Signed by Chief Judge Kathryn H. Vratil on 12/4/2013. (mg)
January 7, 2014
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MEMORANDUM AND ORDER overruling 158 Motion to Alter Judgment. Signed by Chief Judge Kathryn H. Vratil on 1/7/2014. (mm)
February 10, 2014
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ORDER denying 86 defendant's motion to strike, denying 118 plaintiffs' motion to exclude, and granting in part and denying part 136 plaintiffs' motion in limine. Signed by Magistrate Judge James P. O'Hara on 2/10/2014. (mb)
February 25, 2014
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ORDER denying 175 defendant's motion to compel an election of remedies. Signed by Magistrate Judge James P. O'Hara on 02/25/2014. (mb)
May 9, 2014
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MEMORANDUM AND ORDER finding as moot 199 Motion for Order; denying 201 Motion for Judgment. Signed by Magistrate Judge James P. O'Hara on 5/9/2014. (kg)