Opinion
03 Civ. 2159 (HB)
April 21, 2004
OPINION ORDER
WHEREAS plaintiff Mark Boyce ("Boyce") moved for summary judgment pursuant to Federal Rule of Civil Procedure ("Fed.R.Civ.P.") 56, on Count I of his amended complaint, and defendant Soundview Technology Group, Inc. ("Soundview") cross-moved for summary judgment on Counts I and IV, and also moved to limit any damages to $400,000; and
WHEREAS oral argument on both motions was held on April 21, 2004; and
WHEREAS Boyce voluntarily withdrew, with prejudice, Counts II, III, and IV of his amended complaint; and
WHEARAS as explained in open Court, several issues of fact preclude summary judgment on Count I of Boyce's amended complaint; and
WHEREAS as explained in open Court, several issues of fact preclude summary judgment, capping any eventual damages at $400,000; it is hereby
ORDERED that the cross-motions for summary judgment on Count I are denied, and Soundview's motion to cap damages at $400,000 is also denied; and it is further
ORDERED that Counts II, III, and IV are dismissed with prejudice; and it is further
ORDERED that the Clerk is instructed to close all motions for summary judgment SO ORDERED.