nVision Global Technology Solutions, Inc. v. Cardinal Health 5, LLC

Filing 235

OPINION and ORDER. Cardinal's Motion for Relief Under Rule 56(h) of the Fed.R.Civ.P. 192 is DENIED. Cardinal's Second Motion for Partial Summary Judgment 143 is GRANTED IN PART and DENIED IN PART. It is GRANTED in favor of Cardinal on Cardinal's claim that (1) the number of self-invoice courier transactions must be calculated at the stop level, not the order level; (2) nVision is not permitted to charge Cardinal for flat file data feed and multiple line item data field cha rges, or other charges that are not included in the LSA; and, (3) that Cardinal has not retained or used any of nVision's trade secrets or proprietary information; and DENIED on Cardinal's claim that it is entitled to equitable reformati on of the agreement to reflect the parties' intended rate of $.02 per self-invoice courier transaction. It is further ordered that nVision's Second Motion for Partial Summary Judgment 148 and Renewed Motion for Summary Judgment on Cardinal's Counterclaims of Fraud and Estoppel 206 are DENIED. Signed by Judge William S. Duffey, Jr. on 08/14/2012. (dfb)