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12-2158 - Crown Battery Manufacturing Co. v. Club Car Inc.


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12-2158 - Crown Battery Manufacturing Co. v. Club Car Inc.
October 16, 2013
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Order. Club Cars motion to dismiss (Doc. 19) granted with regard to Counts Three and Four of Crown Batterys complaint, and otherwise overruled; Club Cars motion for judgment on pleadings as to its counter-claims denied. Judge James G. Carr on 10/16/2013.(G,D)
February 14, 2014
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Order. Club Car, Inc.'s 29 Motion for partial summary judgment granted. Judge James G. Carr on 2/14/2014.(G,D) Modified link on 2/18/2014 (L,A).
February 14, 2014
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Order. Club Car, Inc.'s 30 Motion for reconsideration denied. Judge James G. Carr on 2/14/2014.(G,D) Modified link on 2/18/2014 (L,A).
February 25, 2015
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Order : Leave be, and the same hereby is granted to plaintiff Crown Battery Manufacturing Company to file its Second Amended Complaint per its motion for such leave (Doc. 69, 70). The parties shall meet and confer for the purpose of proposing such adjustments to the case schedule as they deem necessary and appropriate, and thereafter on or before March 16, 2015, submit status report(s) accordingly(Related Doc # 69). Judge James G. Carr on 2/25/15.(C,D)
April 16, 2015
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Order: Club Car's motion to dismiss Counts 1, 2, 3, 4, 6, and 10 of plaintiff's second amended complaint (Doc. 83) be, and the same hereby is granted. Judge James G. Carr on 4/16/15. (C,D)
July 1, 2015
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Order granting in part and denying in part Motion for reconsideration. Crown's motion for reconsideration (Doc. 94) be, and the same hereby is denied in part with regard to the applicability of New York law, and granted in part to the extent the I shall consider further briefing on the issues specified herein. On or before July 20, 2015, the parties shall submit supplemental briefs re. the adequacy of Crown's pleading of its fraud and fraudulent inducement claims; leave granted to the parties thereafter to submit response briefs on or before July 31, 2015. Judge James G. Carr on 7/1/15.(C,D)
August 21, 2015
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Order: Crown's motion to reconsider dismissal of its fraud-based claims(Doc. 94) be, and the same hereby is, denied. (re 99 94). Judge James G. Carr on 8/21/15. (C,D)
May 9, 2016
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Order: Crown's motion for sanctions (Doc. 127) be, and the same hereby is, granted. Crown is entitled to a mandatory, non-rebuttable adverse-inference instruction directing the jury to find, from the fact of Club Car's spoliation of the batteries, that the batteries failed for a reason that Crown did not warrant against. Crown shall submit on or before May 16, 2016, a proposed instruction that conforms to this order. The language of the proposed instruction may deviate from the language in the preceding paragraph. Each party shall submit, on or before May 16, 2016, a brief stating its position onhow this ruling affects the pending motions for summary judgment.Judge James G. Carr on 5/9/16.(C,D)