Boyce v. Soundview Technology Group, Inc.

Full title: MARK BOYCE, Plaintiff against SOUNDVIEW TECHNOLOGY GROUP, INC., Defendant

Court: United States District Court, S.D. New York

Date published: Apr 21, 2004

03 Civ. 2159 (HB) (S.D.N.Y. Apr. 21, 2004)

Opinion

03 Civ. 2159 (HB)

April 21, 2004

OPINION ORDER

HAROLD BAER, Jr., District Judge

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.