Innotext, Incorporated v. Petra'Lex USA, Incorporated et al

Filing 74

ORDER granting as to unjust enrichment claim re ORAL motion, 70 Defendant's Rule 50 Motion Signed by District Judge Sean F Cox. (JHer) (Entered: 07/02/2010) (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Innotext, Inc., Plaintiff, v. Petra Lex USA, Inc., et al., Defendants. _______________________________/ ORDER GRANTING DEFENDANT'S RULE 50 MOTION AS TO UNJUST ENRICHMENT CLAIM Plaintiff asserts the following four counts in this action: "Breach of Contract" (Count I); Violation of MCLA § 600.2961" (Count II); "Breach of Implied Contract" (Count III); and "Unjust Enrichment/Procuring Cause" (Count IV). At close of Plaintiff's proofs on June 28, 2010, Defense Counsel made an oral motion pursuant to FED. R. CIV. P. 50(a). The Court heard oral argument on the motion on June 28, 2010. In addition, on June 29, 2010, Defendant filed a brief in support of its motion. (Docket Entry No. 70). On June 30, 2010, Plaintiff filed a brief in opposition to the motion. (Docket Entry No. 71). In a previous order, this Court granted Defendants Rule 50 Motion as to Counts I, II and III, and took the motion under advisement as to Count IV. IT IS ORDERED that the Court hereby GRANTS Defendant's Rule 50 Motion as to Plaintiff's Unjust Enrichment Claim (Count IV). A written Opinion shall be issued forthwith. Case No. 08-11077 Honorable Sean F. Cox

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IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: July 2, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on July 2, 2010, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager

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