Ballantyne Brands, LLC v. Circle K Stores, Inc.

Filing 50

ORDER granting in part and denying in part 43 Motion for Summary Judgment. TAKE NOTICE that a pretrial conference in this matter shall take place following docket call on Tuesday, September 5, 2017, with jury selection to take place on Wednesday, September 6, 2017, and trial to begin sometime thereafter. Signed by Chief Judge Frank D. Whitney on 8/23/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-513-FDW-DCK
BALLANTYNE BRANDS, LLC,

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Plaintiff,
vs.
CIRCLE K STORES, INC.,
Defendant.

ORDER

THIS MATTER is before the Court on Defendant’s Motion for Summary Judgment (Doc.
No. 43). For the reasons stated in open court following a hearing on August 23, 2017, the motion
is DENIED as to Plaintiff’s breach of contract claim and GRANTED as to Plaintiff’s claims for
misrepresentation, constructive fraud, fraud, unfair and deceptive trade practices, and punitive
damages. In addition, the Court GRANTS the portion of Defendant’s motion for summary
judgment as to liability only for its breach of contract counterclaim, and the issue of damages on
this counterclaim will be resolved by the jury.
TAKE NOTICE that a pretrial conference in this matter shall take place following docket
call on Tuesday, September 5, 2017, with jury selection to take place on Wednesday, September
6, 2017, and trial to begin sometime thereafter. The parties’ joint pretrial submission shall be due
by 5:00 p.m. on Friday, September 1, 2017.
IT IS SO ORDERED.
Signed: August 23, 2017