Opinion
NO. 03-5827
08-17-2011
GLOBAL ENERGY CONSULTANTS, LLC, Plaintiff, v. HOLTEC INTERNATIONAL, INC., el al, Defendants.
CIVIL ACTION
ORDER
AND NOW,this 17th day of August, 2011 for the reasons set forth in the Court's accompanying memorandum dated August 17, 2011, it is ORDER that:
1. Plf.'s Motion for leave to File Surreply (doc. no. 94) is GRANTED.
Plaintiff's Surreply was reviewed in consideration of this Order and accompanying Memorandum.
2. Plf.'s Motion to Dismiss Count II of the Complaint (doc. no. 45) is GRANTED.
As a response to Def.'s Motion for Partial Summary Judgment (doc. no. 39), Plaintiff sought to withdraw claims based on an alleged oral contract. Thus, Plaintiff moves to withdraw/dismiss Count II (of the three counts) as it is based on the alleged oral contracts.
3. Def.'s Motion for Partial Summary Judgment (doc. no. 56) is GRANTED.
4. All other pending summary judgment motion are DENIED as moot: Def.'s Motion for Summary Judgment (doc. no. 33);Def.'s Motion for Partial Summary Judgment (doc. no. 39); Def.'s Motion for Partial Summary Judgment That No Oral Contracts Existed (doc. no. 54).
5. All pending trial motions are DENIED as moot: Plf.'s Motion in Limine (doc. no. 57); Def.'s Motion in Limine to Exclude Evidence of an Oral Contract (doc. no. 69); Def.'s Motion in Limine to Exclude Testimony and Expert Reports (doc. no. 70); Def.'s Motion in Limine to Exclude Opinion Testimony Offered by Plaintiff (doc. no. 71); and Plf.'s Motion for Partial Summary Judgment (doc. no. 58).
This motion is denied for the same reasons that Defendant's Motion for Summary Judgment Def.'s Motion for Partial Summary Judgment (doc. no. 56) is granted.
6. The Clerk of the Court shall mark this case as CLOSED.
AND IT IS SO ORDERED.
EDUARDO C. ROBRENO , J.