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04-1356 - J.C. Penney Corporation, Inc. v. Carousel Center Company, L.P. et al


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04-1356 - J.C. Penney Corporation, Inc. v. Carousel Center Company, L.P. et al
July 8, 2008
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ORDER granting in part and denying in part the #19 Motion to Dismiss: Defendants' motion as to Plaintiff's claims being time-barred concerning overcharges prior to November 22, 1998 is Granted but is Denied with respect to overcharges on or after November 22, 1998; Defendants' motion is Granted as to Plaintiff's breach-of-contract theory; Defendants' motion is Granted as to Plaintiff's unjust-enrichment&money-had-and-received claims; Defendants' motion is Granted as to Plaintiff's declaratory judgment claims; and the Court further Orders that a Telephone Status Conference is scheduled for July 24, 2008 at 9:30 a.m. with Plaintiff's counsel to initiate the call to Court and Defendants' counsel. Signed by Senior Judge Frederick J. Scullin, Jr on 7/8/2008. (kee)