CTI Clinical Trial Services, Inc. v. Gilead Sciences, Inc.

Filing 77

ORDER denying 43 Sealed Motion for Partial Summary Judgment; granting 45 Sealed Motion for Partial Summary judgment; granting 46 Sealed Motion for Partial Summary Judgment; adopting Report and Recommendation 76 . Case shall proceed to trial as previously scheduled by the Court. Signed by Judge Herman J. Weber on 5/22/13. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

CTI CLINICAL TRIAL
SERVICES, INC.,
Plaintiff
v.

C-1-10-491

GILEAD SCIENCES, INC.,
Defendant

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 76) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge
has accurately set forth the applicable law and has properly applied it to
the particular facts of this case. Accordingly, in the absence of any
objection by plaintiff, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate Judge
(doc. no. 76) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Plaintiff's Motion for Partial Summary Judgment on Count I

2
of the Complaint (doc. no. 43) is DENIED. Defendant's Motion for Partial
Summary Judgment on Count I of the Complaint (doc. no. 45) is GRANTED
and plaintiff is barred from pursuing the second component of its claim
for damages under Count I, consisting of payment for work it would have
performed during the Notice Period.

Defendant's Motion for Partial

Summary Judgment on Counts II and III of the Complaint (doc. no. 46) is
GRANTED and these claims are DISMISSED.
This case shall proceed to trial as previously scheduled by the
Court.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court