BARTRAM LLC v. C B CONTRACTORS LLC

Filing 276

ORDER granting 219 Motion for Clarification of 214 Order by Plaintiff. Court clarifies that the Order on Cross Motions for Partial Summary Judgment is limited to the breach of contract claims. Signed by CHIEF JUDGE STEPHAN P MICKLE on 6/22/2011. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
THE BARTRAM, LLC,
Plaintiff,
v.

CASE NO.: 1:09-cv-00254-SPM/GRJ

C.B. CONTRACTORS, LLC, and
CAMBRIDGE BUILDERS &
CONTRACTORS, LLC.,
Defendants.
_____________________________/
ORDER GRANTING MOTION FOR CLARIFICATION
THIS CAUSE comes before this Court on Plaintiff’s Motion for Clarification
on Order on Cross Motions for Partial Summary Judgment (DE 214) and the
response in opposition filed by Defendants, C.B. Contractors, LLC and
Cambridge Builder & Contractors, LLC. Docs. 219 and 227. Plaintiff seeks a
clarification because the order could mistakenly be read as extending the
contractual waiver of consequential damages to its negligence claim against
Cambridge Builders & Contractors, LLC.
The Court’s ruling on the cross motions for summary judgment focused on
the waiver of consequential damages as it relates to the breach of contract
claims. Whether or not Plaintiff can maintain an action for negligence and the

Page 2 of 2

impact the contractual waiver has on such a claim was not argued by the parties
and not decided by the Court. Accordingly, it is
ORDERED AND ADJUDGED:
1.

Plaintiff’s motion for clarification (doc. 219) is granted.

2.

The Court clarifies that the Order on Cross Motions for Partial

Summary Judgment (doc. 214) is limited to the breach of contract claims.
DONE AND ORDERED this 22nd day of June, 2011.

s/ Stephan P. Mickle
Stephan P. Mickle
Chief United States District Judge

CASE NO.: 1:09-cv-00254-SPM/GRJ