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06-1023 - Cenveo, Inc. v. Tant et al


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06-1023 - Cenveo, Inc. v. Tant et al
March 4, 2008
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ORDER: By 97 Order entered 2/20/08, the parties were directed to file a joint statement by 3/3/08, indicating that the pltf has complied with the 2/20/08, order and whether or not there remain any issues relating to the documents at issue. On 3/3/08, the parties filed a 101 joint statement, that Mr. Bird had submitted a declaration in compliance with the 2/20/08, order, but the defts believe that "there are issues remaining with respect to the documents at issue." The parties shall have until 3/10/08, to file another joint statement indicating that these issues are resolved or outlining with specificity what disputes remain. If any issues remain disputed, counsel shall either simultaneously with the filing of the joint statement or prior thereto,schedule a telephone conference call with the Court. The pretrial conference is scheduled on 3/31/08, and any remaining issues need to be resolved before then. Signed by Judge Juliet E. Griffin on 3/4/08. (jb)
March 28, 2008
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MEMORANDUM AND OPINION. Signed by Judge Robert Echols on 3/28/08. (gi)
March 28, 2008
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ORDER: For reasons explained in the accompanying memorandum, Motion for Partial Summary Judgment 62 is denied; Motion for Summary Judgment 65 is granted in part and denied in part. The motion is granted as to Cenveo's claim brought against the Tants under Texas Tax Code, Section 171.255, which is dismissed with prejudice. The motion is denied as to Cenveo's claims brought against Mr. Tant for common law fraud and unfair and deceptive acts under the Tennessee Consumer Protection Act. Because no claims remain against Mrs. Tant, the Court dismisses Mrs. Tant from this lawsuit. Motion to Strike or, in the alternative, for Leave to File a Sur-Reply 94 is granted. The Court strikes the two documents Cenveo attached to its Reply in support of its Motion for Partial Summary Judgment (Docket Entry Nos. 88-3 & 88-4). This case will proceed to final pretrial conference on 3/31/08 as previously set. Signed by Judge Robert Echols on 3/28/08. (gi)