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14-4876 - BD Development, LLCv. Local 79, Laborers International Union of North America


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14-4876 - BD Development, LLCv. Local 79, Laborers International Union of North America
January 15, 2016
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ORDER granting in part and denying in part 26 Motion to Compel. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/15/2016. (Kandel, Erin)
March 19, 2018
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MEMORANDUM & ORDER granting in part and denying in part 67 Motion for Summary Judgment; denying 75 Motion for Summary Judgment. For the foregoing reasons, Plaintiff's motion (Docket Entry 75) is DENIED and Defendant's motion (Docket Entry 67) is GRANTED IN PART and DENIED IN PART. Specifically, Defendant's motion is DENIED with respect to the BofA Job; GRANTED with respect to the Mount Sinai Job; GRANTED IN PART and DENIED IN PART with respect to the Brookdale Job; and GRANTED IN PART and DENIED IN PART with respect to the Old Navy Job. Accordingly, Plaintiff's Mount Sinai Job claims are DISMISSED; Plaintiff's Brookdale Job claim for damages for failing to win the ICU Job is DISMISSED; and Plaintiff's Old Navy Job claims for the cost of hiring Linear and for BD's lost profits in connection with the Banana Republic Job are DISMISSED. However, Plaintiff has established that Defendant had an improper objective at the Brookdale Job and the Old Navy Job. The parties shall file letters within fourteen (14) days of the date of this Memorandum and Order setting forth their respective positions on scheduling a settlement conference with Judge A. Kathleen Tomlinson. Additionally, the parties are directed to file a joint proposed pretrial order within sixty (60) days of the date of this Memorandum and Order and are further directed to appear for a pre-trial conference with Judge Tomlinson on June 7, 2018 at 10:30 a.m. So Ordered by Judge Joanna Seybert on 3/19/2018. C/ECF (Valle, Christine)