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12-191 - Barbourville Diagnostic Imaging Center v. Philips Medical Systems, Inc.


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12-191 - Barbourville Diagnostic Imaging Center v. Philips Medical Systems, Inc.
August 16, 2013
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MEMORANDUM OPINION & ORDER: (1) Barbourville Diagnostics Motion for Leave to File Amended Complaint [R. 5 is GRANTED (2) Barbourville Diagnostics' Amended Motion for Leave to File Amended Complaint [R. 10 is DENIED as moot;(3) Philips Medical's Motion to Dismiss [R. 4 is GRANTED in part and DENIEDin part; (4) The claims for Negligent Repair, Negligent Hiring, Negligent Misrepresentation, and the General Claim are DISMISSED with prejudice; and(5) Philips Medical is DIRECTED to file in the record by Monday, August 19, 2013, evidence of the contractual agreements between it and Barbourville Diagnostic. Signed by Judge Gregory F. Van Tatenhove on 08/16/2013.(MRS)cc: COR
April 21, 2014
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MEMORANDUM OPINION & ORDER: ORDERED that Barbourville Diagnostic's Motion toDismiss Philips Medical's Counterclaim [R. 23 is DENIED. Signed by Judge Gregory F. Van Tatenhove on 4/21/2014.(MRS)cc: COR
January 20, 2015
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MEMORANDUM OPINION & ORDER: it is hereby ORDERED that the Defendant's Motion for Partial Summary Judgment [R. 35 is GRANTED. Section nine of the parties' agreement entitled IMPORTANT LIMITATIONS OF LIABILITY is part of the agreement and shall be given effect. The parties are FURTHER ORDERED to submit an amended scheduling Order to govern future proceedings within 21 days. Signed by Judge Gregory F. VanTatenhove on 1/20/2015.(MRS)cc: COR
February 19, 2016
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MEMORANDUM OPINION & ORDER: 1. Defendant's motion for summary judgment with respect to (1) Plaintiff's breach of contract claims and (2) its own breach of contract counterclaim is GRANTED; 2. Defendant's motion for summary judgment with respect to its unjust enrichment counterclaim is DENIED; 3. The Court DIRECTS the parties to enter a proposed agreed order within (60) days of the entry of this Order containing an agreed upon calculation of damages. If the parties cannot reach an agreement within this time period, the Court further DIRECTS the parties to file a status report prior to the expiration of the deadline; and 4. Because no triable issues remain, the parties' Joint Motion for Continuance of Trial and Pretrial Conference [R. 50] is DENIED AS MOOT. Signed by Judge Gregory F. VanTatenhove on 2/19/16. (MRS)cc: COR, JC, Diary