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12-5185 - BCC Merchant Solutions Inc v. Jet Pay LLC


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12-5185 - BCC Merchant Solutions Inc v. Jet Pay LLC
July 28, 2014
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ORDER granting in part and denying in part 40 Motion to Dismiss. (Ordered by Judge Jane J Boyle on 7/28/2014) (Judge Jane J Boyle)
September 8, 2015
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MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court GRANTS Merrick's Motion for Summary Judgment (doc. 183) and DISMISSES BCC's breach of contract claim for failure to prosecute in the name of the real party in interest. In light of this ruling, the Court also FINDS MOOT Merrick's Motion to Strike Jury Demand (doc. 234). In addition, the Court GRANTS IN PART and DENIES IN PART JetPay's and Voigt's Motion for Summary Judgment (doc. 180). For reasons discussed above, the Court finds no genuine dispute of material fact and, therefore, that judgment as a matter of law in favor of JetPay and Voigt is warranted with respect to BCC's common law fraud, fraud by nondisclosure, negligent misrepresentations, and Texas Deceptive Trade Practices Act claims, all of which are hereby DISMISSED. The Court also finds judgment as a matter of law in favor of JetPay and Voigt warranted with respect to BCC's breach of contract claim, which is hereby DISMISSED IN PART, to the extent BCC seeks recovery of consequential damages for JetPay's breach, including BCC's lost profits and remediation costs. However, the Court concludes that genuine factual disputes remain, and that summary judgment is inappropriate, with respect to BCC's breach of contract claim against JetPay insofar as BCC seeks recovery of damages directly caused by JetPay's breach. The Court DENIES and OVERRULES JetPay's and Voigt's Objections and Motions to Strike Plaintiff's Exhibits (doc. 222). (Ordered by Judge Jane J Boyle on 9/8/2015) (tln)
December 18, 2015
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MEMORANDUM OPINION AND ORDER denying Defendant JetPay, LLC's 280 Motion for Adjudication under FRCvP 56(g). (Ordered by Judge Jane J Boyle on 12/18/2015) (twd)
February 19, 2016
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 190 motion to strike: The Court STRIKES the Amended Expert Witness Report of J. Larry Daniels (i.e., the March Report) but does not exclude Daniels as an expert witness. Daniels may testify concerning the November Report, and Defendants may depose him about it. Additionally, the Court GRANTS Defendants request for a Daubert hearing. (Ordered by Judge Jane J Boyle on 2/19/2016) (ash) Modified on 2/22/2016 (mcrd).