Posnet Services, LLC v. Cunningham et al

Filing 60

VACATED PER ORDER AT DOC 61 - CLERK'S JUDGMENT in favor of William R Cunningham plaintiff/counterdefendant against defendant/counterplaintiff Posnet Services, LLC on portion of Counterclaim Count 1 for breach of contract; judgment entered in fav or of defendant/counterplaintiff Posnet Services, LLC against plaintiffs/counterdefendants Cunningham Electronics Corporation, William R Cunningham for breach of joint venture agreement. All remaining claims an counterclaims dismissed with prejudice. Approved by Judge J. Phil Gilbert on 11/19/08. (Judgment filed in lead case on 5/8/08).(bkl) Modified on 12/1/2008 (dka, ).

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS WILLIAM R. CUNNINGHAM and CUNNINGHAM ELECTRONICS CORPORATION, Plaintiffs/Counterdefendants, Case No. 05-cv-4191-JPG v. POSNET SERVICES, LLC, Defendant/Counterplaintiff, and MARK SMITH, Defendant. POSNET SERVICES, LLC, Plaintiff, v. WILLIAM R. CUNNINGHAM and CUNNINGHAM ELECTRONICS CORPORATION, Defendants. JUDGMENT This matter having come before the Court, the issues having been heard, and the Court having rendered a decision as to some issues and the plaintiffs having settled others, IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of plaintiff/counterdefendant William R. Cunningham and against defendant/counterplaintiff POSnet Services, LLC, on the portion of Counterclaim Count I for breach of contract for failing to provide settlement services and coupon terminals; IT IS FURTHER ORDERED AND ADJUDGED that judgment is entered in favor of defendant/counterplaintiff POSnet Services, LLC and against plaintiffs/counterdefendants William R. Cunningham and Cunningham Electronic Corporation on Count II for breach of ¶9(c) of the Joint Venture Agreement; and Consolidated with Case No. 06-cv-4033-JPG IT IS FURTHER ORDERED AND ADJUDGED that all remaining claims and counterclaims in this case are dismissed with prejudice. The Court retains jurisdiction to conduct contempt proceedings. DATED: November 19, 2008 NORBERT JAWORSKI By:s/Brenda K. Lowe, Deputy Clerk Approved: s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE 2

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