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16-2531 - Layout, Inc. v. Heavy Metal Corp. et al

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16-2531 - Layout, Inc. v. Heavy Metal Corp. et al
April 17, 2018
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PRELIMINARY MEMORANDUM AND ORDER SETTING CASE FOR TRIAL, Layout's motion for summary judgment is denied on its cause of action for a violation ofthe Prompt Payment Act and its unpled cause of action for account stated; these claims will not be presented to the jury. Layout's motion to dismiss Metal's counterclaim for breach of contract is denied. Layout's motions to dismiss the counterclaims for negligence and breach of the covenant of good faith and fair dealing are granted. On its own motion, the court dismisses the Prompt Payment Act and account stated claims. See Fed. R. Civ. P. 56(f). The parties may contest these rulings at the in limine hearing. Trial shall commence on 5/29/2018 at 02:00 PM in Courtroom 10B South before Judge Jack B. Weinstein. Jury selection shall be that morning by a magistrate judge. A hearing on motions in limine shall be held on 5/14/2018 at 11:30 AM in Courtroom 10B South. See Order for all further rulings. So Ordered by Judge Jack B. Weinstein on 4/17/2018. (Lee, Tiffeny)