CLIENTRON CORP. v. DEVON IT, INC.

Filing 216

ORDER THAT CLIENTRON'S MOTION FOR SUMMARY JUDGMENT 186 IS DENIED, WITHOUT PREJUDICE TO RAISING THE ISSUE AT TRIAL; DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 184 IS DENIED, WITHOUT PREJUDICE TO RAISING THE ISSUE AT TRIAL; CLIENTRON'S MOTION FOR SUMMARY JUDGMENT ON DEVON IT'S COUNTERCLAIMS 185 IS GRANTED IN PART AND DENIED IN PART. CLIENTRON'S MOTION FOR LEAVE TO FILE UNDER SEAL 183 IS DENIED AS MOOT. DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY 202 IS GRANTED; CLIENTRON'S MOTION TO STRIKE PORTIONS OF DEFENDANTS' OPPOSITION 206 IS DENIED AS MOOT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/22/15. 12/22/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CLIENTRON CORP.,
Plaintiff

CIVIL ACTION

v.

NO. 13-05634

DEVON IT, INC., JOHN
BENNETT, and NANCE DIROCCO,
Defendants

ORDER
AND NOW, this 22nd day of December, 2015, upon consideration of the parties’ Motions
for Summary Judgment on Piercing the Corporate Veil (ECF 184, 186), Plaintiff Clientron
Corporation’s Motion for Summary Judgment on Defendant Devon IT’s Counterclaims (ECF
185), and all submissions related thereto by counsel, and for the reasons stated in the foregoing
Memorandum, it is hereby ORDERED that:
1.

Clientron’s Motion for Summary Judgment on Piercing the Corporate Veil (ECF

186) is DENIED, without prejudice to raising the issue at trial;
2.

Defendants’ Motion for Summary Judgment (ECF 184) is DENIED, without

prejudice to raising the issue at trial;
3.

Clientron’s Motion for Summary Judgment on Devon IT’s Counterclaims (ECF

185) is GRANTED IN PART AND DENIED IN PART. Specifically, the Motion is granted as
to Devon IT’s fraud counterclaim in its entirety and as to Devon IT’s breach of contract
counterclaim concerning cancelations of contracts by Dell and J.P. Morgan Chase. As to Devon
IT’s contention that Clientron overcharged Devon IT for certain products, however, the Motion is
denied;

4.

Clientron’s Motion for Leave to File Under Seal (ECF 183) is DENIED AS

MOOT. Clientron shall not refile new versions of any previously-docketed redacted copies of
filings, however;
5.

Defendants’ Motion for Leave to File a Reply (ECF 202) is GRANTED;

6.

Clientron’s Motion to Strike Portions of Defendants’ Opposition (ECF 206) is

DENIED AS MOOT.
BY THE COURT:

/s/ Michael M. Baylson
MICHAEL M. BAYLSON, U.S.D.J.
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