Opinion
Civil Action No. 04-183.
June 6, 2005
ORDER
AND NOW, this 6th day of June, 2005, upon consideration of plaintiff's motion for summary judgment (docket entry # 38), defendant's response thereto, defendant's motion for summary judgment (docket entry # 39), plaintiff's response thereto, and the parties' epistolary responses to our Order of June 1, 2005, and in accordance with the accompanying Memorandum, it is hereby ORDERED that:
1. Plaintiff's motion for summary judgment is GRANTED IN PART;
2. Defendant's motion for summary judgment is DENIED; and
3. By June 9, 2005, the parties each shall REPORT BY FAX (215-580-2156) whether they would prefer: (i) a non-jury trial as to the dollar amount of what plaintiff owes defendant; or (ii) arbitration of that narrow issue pursuant to Loc. R. Civ. P. 53.2.