Opinion
CIVIL ACTION NO. 09-3499.
November 18, 2010
ORDER
AND NOW, this 18th day of November, upon consideration of the parties' cross-motions for summary judgment, and all concomitant briefing, and for the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows:
1. The Motion for Summary Judgment filed by Plaintiff Axis Specialty Group ("Axis") (Docket No. 33) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED insofar as it seeks judgment in Axis's favor on Defendant The Brickman Group Ltd, LLC's ("Brickman") counterclaim for breach of contract. In all other respects, Axis's Motion is DENIED.
2. Brickman's Motion for Summary Judgment (Docket No. 34) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED insofar as it seeks judgment in Brickman's favor on Axis's claims for declaratory judgment, breach of contract and unjust enrichment. In all other respects, Brickman's Motion is DENIED
3. JUDGMENT IS ENTERED in favor of Brickman and against Axis on each claim in the Complaint, and JUDGMENT IS ENTERED in favor of Axis and against Brickman on Brickman's counterclaim.
4. The Clerk of Court is directed to CLOSE this case statistically.