WYNN v. LUKOIL NORTH AMERICA, LLC et al

Filing 74

MEMORANDUM ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 54 ), IS GRANTED IN PART AND DENIED IN PART, AS OUTLINED HEREIN. THE COURT WILL HOLD A TELEPHONE CONFERENCE ON 9/8/2015, AT 8:45 AM, TO ADDRESS THE DEFENDANT'S 9/4/2015 MEMORANDUM. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/28/2015.8/28/2015 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(amas)

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

DARRYL WYNN

CIVIL ACTION

v.
NO. 15-166
LUKOIL NORTH AMERICA, LLC, et
al

ORDER
AND NOW, this 28th day of August 2015, upon consideration of Defendants' Amended

Motion for Summary Judgment (ECF Doc. No. 54), Plaintiffs Opposition (ECF Doc. No. 56),
Defendants' Reply (ECF Doc. No. 60), Plaintiffs Sur-Reply (ECF Doc. No. 62), following Oral
Argument, and for the reasons in the accompanying Memorandum, it is ORDERED Defendants'
Motion for Summary Judgment (ECF Doc. No. 54) is GRANTED in part and DENIED in
part:

1.

The Motion is GRANTED as to the Amended Complaint and Summary

Judgment is entered against Plaintiff on his Amended Complaint and in favor of Defendants.
Defendants David Schmidt, Lev Gendin and Jake Naggy are dismissed;
2.

The Motion is GRANTED as to Count I (breach of contract) of the Counterclaim

and Summary Judgment is entered in favor of Defendant Lukoil North America, LLC ("Lukoil")
on liability on Count I (breach of contract);
3.

The Motion is DENIED as to Count II (unjust enrichment) of the Counterclaim.

Count II is dismissed;
4.

Defendant Lukoil's damages recoverable under Count I of its Counterclaim will

be determined in an upcoming proceeding. Defendant's counsel shall forthwith consult with

Plaintiff as to the nature and date of a one (1) day proceeding to resolve the damages.
Defendant's counsel shall file a memorandum not exceeding three (3) pages no later than
September 4, 2015 advising the Court as to the parties' preference to the nature of the

proceeding to resolve damages and suggest mutually convenient dates over the next sixty (60)
days. The Court will hold a Telephone Conference on September 8, 2015 at 8:45 A.M. to
address the Defendant's September 4, 2015 memorandum.

Defendant's counsel shall initiate

this call and timely call Chambers at 267-299-7680 when all parties are on the line.

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