The Food Club Corp, et al v. Kuehne + Nagel, Inc.

Filing 98

OPINION & ORDER re: 85 MOTION for Partial Summary Judgment filed by The Food Club Corporation, 81 MOTION for Summary Judgment filed by Kuehne + Nagel, Inc. Presently before the Court are the parties' cross summary judgment mot ions. (Dkt. Nos. 81, 85.) The parties have consented to decision of this case by a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 53.) The Court has reviewed the parties' submissions and concludes that there are genuine disputes of material fact that preclude summary judgment for either party. See, e.g., Cross Commerce Media, Inc. v. Collective, Inc., 841 F.3d 155, 162 (2d Cir. 2016). The summary judgment motions accordingly are DENIED. The Final Pretrial Order is due March 13, 2017. (Pretrial Order due by 3/13/2017.) (Signed by Magistrate Judge Andrew J. Peck on 2/13/2017) (cla)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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THE FOOD CLUB CORP.,
:
Plaintiff,
:
-against-

:

15 Civ. 7047 (AJP)
OPINION & ORDER

:
KUEHNE + NAGEL, INC.,
:
Defendant.
:
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ANDREW J. PECK, United States Magistrate Judge:
Presently before the Court are the parties' cross summary judgment motions. (Dkt.
Nos. 81, 85.) The parties have consented to decision of this case by a Magistrate Judge pursuant to
28 U.S.C. § 636(c). (Dkt. No. 53.) The Court has reviewed the parties' submissions and concludes
that there are genuine disputes of material fact that preclude summary judgment for either party.
See, e.g., Cross Commerce Media, Inc. v. Collective, Inc., 841 F.3d 155, 162 (2d Cir. 2016). The
summary judgment motions accordingly are DENIED. The Final Pretrial Order is due March 13,
2017.
SO ORDERED.
Dated:

New York, New York
February 13, 2017
________________________________
Andrew J. Peck
United States Magistrate Judge

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All Counsel