KUENZI v. EUROSPORT CYCLES, INC. et al

Filing 76

ORDER THAT DEFENDANT CAPITAL ONE'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT CAPITAL ONE AND AGAINST PLAINTIFF JOSIAH KUENZI WITH RESPECT TO PLAINTIFF'S REMAINING CLAIMS. JU DGMENT IS ENTERED IN FAVOR OF DEFENDANT CAPITAL ONE AND AGAINST PLAINTIFF JOSIAH KUENZI WITH RESPECT TO DEFENDANT'S COUNTERCLAIM FOR BREACH OF CONTRACT IN THE AMOUNT OF $4,192.72, PLUS INTEREST IN THE AMOUNT OF 1.13538% PER DIEM FROM 7/30/10 THROUGH THE DATE OF PAYMENT OF THE JUDGMENT. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/17/11. 5/18/11 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSIAH KUENZI
v.
EUROSPORT CYCLES, INC., et al

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CIVIL ACTION

NO. 08-3906

ORDER
AND NOW, this 17th day of May 2011, upon consideration of defendant Capital One’s
motion for summary judgment, plaintiff Josiah Kuenzi’s response thereto and Capital One’s
reply, it is ORDERED that defendant’s motion for summary judgment is GRANTED IN PART
and DENIED IN PART as follows:
1.

Judgment is ENTERED in favor of defendant Capital One and against plaintiff
Josiah Kuenzi with respect to plaintiff’s remaining claims.

2.

Judgment is ENTERED in favor of defendant Capital One and against plaintiff
Josiah Kuenzi with respect to defendant’s counterclaim for breach of contract in
the amount of $4,192.72, plus interest at the contractual rate of 1.13538 percent,
per diem, from July 30, 2010 through the date of payment of the judgment.

3.

Capital One’s counterclaim for unjust enrichment is DISMISSED.

The Clerk of Court shall close this case statistically.

s/Thomas N. O’Neill, Jr.
THOMAS N. O'NEILL, JR., J.