Iowa Pacific Holdings, LLC v. National Railroad Passenger Corporation

Filing 142

ORDER denying Defendant Amtrack's Renewed 107 Motion for Partial Summary Judgment on Plaintiffs Claim for Breach of Oral Contract, by Judge Robert E. Blackburn on 6/10/11.(lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 09-cv-02977-REB-KLM
IOWA PACIFIC HOLDINGS, LLC,
Plaintiff,
v.
NATIONAL RAILROAD PASSENGER CORPORATION,
Defendant.

ORDER DENYING DEFENDANT AMTRACK’S RENEWED
MOTION FOR PARTIAL SUMMARY JUDGMENT ON
PLAINTIFF’S CLAIM FOR BREACH OF ORAL CONTRACT
Blackburn, J.
The matter before me is Defendant Amtrack’s Renewed Motion for Partial Summary
Judgment on Plaintiff’s Claim for Breach of Oral Contract [#107]1 filed April 25, 2011. I have
jurisdiction over this matter pursuant to 28 U.S.C. § 1332 (diversity of citizenship). Having reviewed the
motion and response and the apposite arguments, authorities, and evidence presented by the parties, I
find and conclude that there exist genuine issues of material fact that preclude the entry of even partial
summary judgment.
THEREFORE, IT IS ORDERED that Defendant Amtrack’s Renewed Motion for Partial
Summary Judgment on Plaintiff’s Claim for Breach of Oral Contract [#107], filed April 25, 2011, is
DENIED;
Dated June 10, 2011, at Denver, Colorado.
BY THE COURT:

1

“[#107]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.