Filed: Mar. 04, 2020
Latest Update: Mar. 04, 2020
Summary: ORDER GENE E.K. PRATTER , District Judge . AND NOW, this 4th day of March, 2020, upon consideration of Defendant 7-Eleven's Motion to Exclude Testimony by Plaintiff's Expert James T. O'Brien and related filings (Doc. Nos. 48-50, 72), Plaintiff MT133132, Inc.'s ("MT") Response in Opposition (Doc. No. 57), 7-Eleven's Motion for Summary Judgment and related filings (Doc. Nos. 44-47, 51-53), MT's Response in Opposition and related filings (Doc. Nos. 58-65, 67, 68, 79-82), oral argument held o
Summary: ORDER GENE E.K. PRATTER , District Judge . AND NOW, this 4th day of March, 2020, upon consideration of Defendant 7-Eleven's Motion to Exclude Testimony by Plaintiff's Expert James T. O'Brien and related filings (Doc. Nos. 48-50, 72), Plaintiff MT133132, Inc.'s ("MT") Response in Opposition (Doc. No. 57), 7-Eleven's Motion for Summary Judgment and related filings (Doc. Nos. 44-47, 51-53), MT's Response in Opposition and related filings (Doc. Nos. 58-65, 67, 68, 79-82), oral argument held on..
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ORDER
GENE E.K. PRATTER, District Judge.
AND NOW, this 4th day of March, 2020, upon consideration of Defendant 7-Eleven's Motion to Exclude Testimony by Plaintiff's Expert James T. O'Brien and related filings (Doc. Nos. 48-50, 72), Plaintiff MT133132, Inc.'s ("MT") Response in Opposition (Doc. No. 57), 7-Eleven's Motion for Summary Judgment and related filings (Doc. Nos. 44-47, 51-53), MT's Response in Opposition and related filings (Doc. Nos. 58-65, 67, 68, 79-82), oral argument held on July 25, 2019, and the parties' supplemental briefing submitted after oral argument (Doc. Nos. 75, 76), it is ORDERED that:
1. 7-Eleven's Motion for Summary Judgment (Doc. No. 52) is GRANTED for the reasons set forth in the accompanying Memorandum, and judgment is entered in favor of 7-Eleven and against MT and Anthony Chong on 7-Eleven's breach of contract and breach of guaranty counterclaims in the amount of $159,566.78, plus prejudgment interest;
2. MT's claims against 7-Eleven are DISMISSED WITH PREJUDICE;
3. 7-Eleven's Motion to Exclude Testimony by Plaintiff's Expert James T. O'Brien (Doc. No. 49) is DEEMED MOOT; and
4. 7-Eleven shall have fourteen (14) days from the date of this Order to submit its proposed amount of prejudgment interest to be awarded, accompanied by any underlying calculations and relevant evidence,1 as well as any other proposed costs to be awarded and the grounds for said costs.2 MT and Anthony Chong may file responses within fourteen (14) days of the date of 7-Eleven's submission to the Court.
