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05-466 - SMS DEMAG LLC v. ABB TRANSMISSONE & D


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05-466 - SMS DEMAG LLC v. ABB TRANSMISSONE & D
March 31, 2008
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MEMORANDUM OPINION indicating that, based on the reasons stated more fully in said Opinion, Plaintiff's Motion for Partial Summary Judgment 19 is denied and Defendant's Motion for Partial Summary Judgment 23 is granted in part and denied in part. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/31/08. (bdk)
June 12, 2008
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MEMORANDUM ORDER indicating that based on the reasons stated in said Order, ABBs Motion for Clarification 55 is denied. However, this Memorandum Order shall not preclude ABB from arguing similar points of law at the appropriate time by way of a subsequent Rule 56 motion at the conclusion of discovery, a motion in limine prior to trial, or a Rule 52 motion in conjunction with the agreed upon bench trial. The Court notes that this matter was initially bifurcated as the parties agreed that matters of contract interpretation could potentially be resolved upon a motion for summary judgment. (See Docket No. 9). As a result of this Courts Opinion of March 31, 2008 and the bifurcated nature of this litigation, further discovery is necessary. The Court shall convene a status conference on 7/11/08 at 11:00 AM at which time the Court will set discovery deadlines and enter an appropriate Case Management Order. Signed by Judge Nora Barry Fischer on 6/12/08. (jg) Modified on 6/12/2008. (jg, )