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05-1505 - PENNZOIL-QUAKER STATE COMPANY v. SMITH


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05-1505 - PENNZOIL-QUAKER STATE COMPANY v. SMITH
March 7, 2008
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REPORT AND RECOMMENDATION re 42 Plaintiff's Supplemental MOTION for Summary Judgment filed by PENNZOIL-QUAKER STATE COMPANY, 38 MOTION for Summary Judgment filed by Defendant KEITH R. SMITH, recommending that Plaintiff's Supplemental Motion for Summary Judgment 42 be GRANTED as to Counts I, III, V and VII, and DENIED as to Counts II, IV, VI and VIII; and recommending that Defendant's Motion for Summary Judgment 38 be DENIED as to Counts I, III, V and VII, and GRANTED as to Counts II, IV, VI and VIII. It is further recommended that summary judgment be entered in favor of Plaintiff as to all of the affirmative defenses raised by Defendant in his Memorandum of Fact and Law in Support of his Motion for Summary Judgement 39. It is further recommended that Plaintiff's request for a permanent injunction and an award of reasonable attorneys' fees be GRANTED, but Plaintiff's request for statutory damages be DENIED. Objections to R&R due by 3/24/2008. Signed by Magistrate Judge Lisa Pupo Lenihan on 3/07/08. (clh)
September 2, 2008
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MEMORANDUM ORDER granting in part and denying in part 38 defendant's Motion for Summary Judgment. Defendant's Motion is granted as to Count VIII, but denied as to Counts I, III, V and VII. Judgment entered in favor of defendant as to Count VIII. Further granting in part and denying in part 42 plaintiff's Supplemental Motion for Summary Judgment. Plaintiff's Motion is granted as to Counts I, III, V and VII, but denied as to Count VIII. Judgment entered in favor of plaintiff as to Counts I, III, V and VII. Further entered judgment in favor of plaintiff as to all affirmative defenses raised by defendant in 39 Memorandum of Fact and Law in Support of Motion for Summary Judgment. Further granted plaintiff's request for permanent injunction as more fully set forth therein. Further ordered that plaintiff's request for attorneys' fees is granted, but request for award of statutory damages is denied. Plaintiff shall file a Fee Petition and supporting documentation within 20 days. Court adopts 48 Report and Recommendation of Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 8/26/08. (njt)
October 21, 2008
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ORDER granting 62 Motion for Attorney Fees. Plaintiff is awarded attorneys' fees in the amount of $187,637.82 and costs in the amount of $13,280.60. With regard to the District Court's 52Show Cause Order, Defendant is not required to pay sanctions pursuant to Rule 11(b) of the F.R.Civ.P. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/21/08. (clh)