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05-1772 - Foam Supplies, Inc. v. Dow Chemical Company, The


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05-1772 - Foam Supplies, Inc. v. Dow Chemical Company, The
August 2, 2006
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MEMORANDUM AND ORDER:... IT IS HEREBY ORDERED that defendant The Dow Chemical Company's motion to dismiss #4 is granted as to Counts IV, VII, and VIII of plaintiff Foam Supplies, Inc.'s complaint and denied as to Counts I, II, III, V, and VI of the complaint. Signed by Judge Catherine D. Perry on 8/2/06. (BDC)
November 27, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Dow Chemical Co.'s motion to dismiss 38 is denied as to Count IX (breach of confidentiality agreement) and is otherwise granted. IT IS FURTHER ORDERED that Dow's motion for partial summary judgment42 is granted, and Foam Supplies, Inc.'s antitrust claims (Counts I, II and X) are dismissed with prejudice. IT IS FURTHER ORDERED that FSI's motions to compel 84 is denied for the reasons stated by Dow, and its motion for protective order 90 is denied as moot. IT IS FURTHER ORDERED that Dow's motion for leave to file surreply 92 is granted. IT IS FURTHER ORDERED that FSI's motion for leave to amend the complaint 85 is denied for the reasons set out in Dow's opposition. IT IS FINALLY ORDERED that the parties shall notify the undersigned, jointly and in writing, no later than 12/4/07, of any modifications they believe are necessary to the expert witness or other discovery deadlines in this case.( Response to Court due by 12/4/2007.). Signed by Honorable Catherine D. Perry on 11/27/07. (BAK)
May 19, 2008
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MEMORANDUM AND ORDER. ORDERED that defendant Dow Chemical Company's motion to compel 134 is granted. Signed by Honorable Catherine D. Perry on 5/19/08. (KLH)
August 4, 2008
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MEMORANDUM OPINION. The undisputed facts show that Dow is entitled to summary judgment on FSI's claims for fraudulent misrepresentation (Court VI) and breach of the non-disclosure agreement (Count IX). Factual disputes exists with regard to FSI's breach of contract claim (Count III) and FSI's tortious interference claim (Count V), and therefore, I have denied Dow's motion for summary judgment on those claims. Still, those claims are more limited that FSI asserts: FSI is barred from claiming lost profits for its breach of contract claim because of the limitation on liability clause, and FSI is barred from seeking damages related to CHI and Miraco in relation to its tortious interference claim. On July 31, 2008, I entered orders consistent with this opinion. Signed by Honorable Catherine D. Perry on 8/4/08. (RJD)