Opinion
No. 3:11-cv-00224-JO
07-23-2012
SIMPLEX MANUFACTURING CO., Plaintiff, v. STEPHEN P. DANIELS, an individual, Defendant.
Allyson S. Krueger DUNN CARNEY ALLEN HIGGINS & TONGUE, LLP David B. Ritter Michael F. Hughes NEAL GERBER & EISENBERG, LLP Attorneys for Plaintiff John W. Stephens Michael J. Esler ESLER STEPHENS & BUCKLEY Terry Scannell LAW OFFICE OF TERRY SCANNELL Attorneys for Defendant
ORDER
Allyson S. Krueger
DUNN CARNEY ALLEN HIGGINS & TONGUE, LLP
David B. Ritter
Michael F. Hughes
NEAL GERBER & EISENBERG, LLP
Attorneys for Plaintiff
John W. Stephens
Michael J. Esler
ESLER STEPHENS & BUCKLEY
Terry Scannell
LAW OFFICE OF TERRY SCANNELL
Attorneys for Defendant JONES, Judge:
This action for breach of contract, unfair competition, and injunctive relief is before the court on defendant's motion (# 54) for summary judgment. Specifically, defendant seeks a determination as a matter of law that plaintiff's claims all fail for insufficient evidence that plaintiff suffered or will suffer damages as a result of defendant's actions.
In seeking summary judgment solely on damages, defendant admits that "many of the operative facts alleged in the complaint are contested and may constitute issues of fact. . . ." Memorandum in Support of Defendant's Motion, p. 1. I decline at this juncture to reach past key issues of liability to address the adequacy of plaintiff's evidence of damages, as defendant proposes I do. If plaintiff has withheld discoverable evidence of damages, or if plaintiff indeed lacks any evidence of damages whatsoever as defendant suggests, the lack of evidentiary support will defeat plaintiff's claims at the time of trial. In the meantime, defendant's motion (# 54) is DENIED.
In any event, the record before me is not nearly as compelling on lack of damages as defendant contends.
IT IS SO ORDERED.
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ROBERT E. JONES
U.S. District Judge