Ford Motor Credit Company, LLC v. Gilroy Automotive Group, Inc. et al

Filing 117

ORDER REQUESTING SUPPLEMENTAL BRIEFING RE. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Accordingly, on or before 10/5/2010, Plaintiff shall submit a supplemental Brief detailing its calculations. Each calculation shall reference the relevant exhibit. Please see Order for further specifics. Signed by Judge James Ware on 10/1/2010. (ecg, COURT STAFF) (Filed on 10/1/2010)

Ford Motor Credit Company, LLC v. Gilroy Automotive Group, Inc. et al

Doc. 117

1 2 3 4 5 6 7 8 9 10 Ford Motor Credit Co., LLC, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-02341 JW ORDER REQUESTING SUPPLEMENTAL BRIEFING RE. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

United United States District Court

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For the Northern District of California

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Gilroy Auto. Group, Inc., et al., Defendants. /

This case is scheduled for a hearing on Plaintiff's Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment on October 18, 2010. (Docket Item No. 93.) Upon review of Plaintiff's submissions in support of its request for damages relating to "interest and flat charges under the Wholesale Agreement through 8/23/10," the Court finds that they are insufficient. In particular, Plaintiff fails to properly show how it arrived at the $47,234.97 sought, what interest rate(s) it applied to which loans, and what "flat charges" it seeks. Plaintiff also failed to provide documentation establishing its entitlement, if any, to these damages. Accordingly, on or before October 5, 2010, Plaintiff shall submit a Supplemental Brief detailing its calculations. Each calculation shall reference the relevant exhibit.

Dated: October 1, 2010

JAMES WARE United States District Judge

Dockets.Justia.com

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew S. Elliott [e-mail] Donald Hogan Cram [e-mail] Douglas William Oldfield [e-mail] Duane M. Geck [e-mail] Eleanor Morris Miller Roman [e-mail] Michael T. Morrissey [e-mail] Michael T. Morrissey [e-mail] Robert Alan Machado [e-mail]

Dated: October 1, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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