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07-2990 - Marathon E.G. Holding Limited v. CMS Enterprises Company


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07-2990 - Marathon E.G. Holding Limited v. CMS Enterprises Company
May 8, 2008
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MEMORANDUM AND ORDER DENIED 16 MOTION for Partial Summary Judgment and Memorandum of Law in Support ( Dispositive Motion Filing due by 5/21/2008, Responses due by 5/28/2008).ORDERED that the parties are directed to show cause (as described hereafter) why Plaintiffs are not entitled to summary judgment on their claim under the SPA for indemnification of the $2.75 million payment, based on the plain language of Section 7.03(a). Plaintiffs are directed to file any motions and supporting briefs on or before Wednesday, May 21, 2008. Defendant may file a response on or before Wednesday, May 28, 2008.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
July 30, 2008
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MEMORANDUM AND ORDER.ORDERED that the analysis and legal conclusions in the Courts Memorandum and Order entered May 8, 2008 [Doc. # 24] are WITHDRAWN. It is furtherORDERED that, upon reconsideration and in light of the more complete record and briefing, CMSs Motion for Partial Summary Judgment [Doc. # 16] is GRANTED. It is further ORDERED that Plaintiffs Motion for Partial Summary Judgment [Doc. # 26] is DENIED. It is furtherORDERED that Defendants Unopposed Rule 56(f) Motion for Continuance as to Damages is DENIED as moot.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
December 15, 2008
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MEMORANDUM AND ORDER DENIED 42 Second MOTION for Partial Summary Judgment, GRANTED 39 MOTION for Summary Judgment on Withholding Claim.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )