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06-058 - NORFOLK SOUTHERN RAILWAY COMPANY v. POWER SOURCE SUPPLY, INC.


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06-058 - NORFOLK SOUTHERN RAILWAY COMPANY v. POWER SOURCE SUPPLY, INC.
March 5, 2007
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im R. Gibson on 3/5/2007. (dlg)MEMORANDUM OPINION & ORDER denying 28 Motion to Compel Discovery, granting 29 Motion to Stay Discovery; accordingly, discovery in this matter is stayed and shall resume, if necessary, pursuant to the Court's ruling on Defendant's Motion to Dismiss (Doc. No. 12), granting 32 Motion for Protective Order; accordingly, Defendant need not respond to any discovery request Plaintiff has served in this matter, and as more fully stated in said Memorandum Opinion & Order. Signed by Judge K
March 29, 2007
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MEMORANDUM OPINION & ORDER denying 12 Motion to Dismiss; it is further Ordered that the Court's previous stay is hereby lifted, and discovery in this proceeding shall recommence immediately, and as more fully stated in said Memorandum Opinion & Order. Signed by Judge Kim R. Gibson on 3/29/2007. (dlg)
July 25, 2008
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MEMORANDUM OPINION AND ORDER denying as moot 40 Motion to Dismiss Counts II, IV and V of Defendant's Counterclaims; granting 51 Motion for Summary Judgment; it is further Ordered as follows: 1) Judgment shall be entered in favor of Plaintiff in the amount of $937,997.76, consisting of $784,315.00, the amount due on the Parties' contract, and $153,682.76 in interest at 6 per cent per annum from April 20, 2005, the date of breach, to July 25, 2008, the date of entry of judgment. 2) Interest on the amount of the judgment shall accrue at the rate of 2.21 per cent per annum, compounded annually, from July 25, 2008, the date of entry of judgment, until the judgment is satisfied. 3) Defendant's counterclaims for breach of contract (Count I), justifiable reliance (Count II), breach of express warranty (Count III), breach of implied warranty of fitness for particular purpose (Count IV), and breach of implied warranty of merchantability (Count V) are DISMISSED with prejudice. 4) Plaintiff's Motion to Dismiss Counts II, IV, and V of Defendant's Counterclaims, (Document No. 40), is DENIED as moot, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 7/25/2008. (dlg)