Opinion
03 C 2741
March 31, 2004
ORDER
This matter is before the court on cross motions for summary judgment. Defendant entitled their motion as a partial motion for summary judgment. However, it is not clear from Defendant's motion and argument the extent for which Watkins is seeking summary judgment. On one hand, Defendant appears to be seeking summary judgment on the issue of limited liability and on the other hand they seem to be challenging whether they are liable at all on the Plaintiffs claim. For example, in Defendant's prayer for relief, Defendant ". . . requests that this Court enter an Order granting its Motion for Partial Summary Judgment, limiting its liability, if any, to $10,150.00 and order such other relief as it deems just and proper . . .". (emphasis added) Therefore, for the purposes of clarification, we deny the cross motions for summary judgment without prejudice. As such, the court strikes as moot Mitsui's motion to strike the affidavit of Bob Fredere. If the parties wish to renew the motions they may do so.