DANSKO HOLDINGS, INC. v. BENEFIT TRUST COMPANY

Filing 84

MEMORANDUM ORDER THAT DEFENDANT BENEFIT TRUST COMPANY'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT, BENEFIT TRUST COMPANY, AND AGAINST PLAINTIFF, DANSKO HOLDING S, INC., ETC. DANSKO HOLDINGS, INC.'S MOTION FOR SUMMARY JUDGMENT IS GRANTED, AND JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF, DANSKO HOLDINGS, INC., AND AGAINST DEFENDANT, BENEFIT TRUST COMPANY, ETC. THE CLERK OF COURT SHALL MARK THE CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/8/2019. 11/12/2019 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANSKO HOLDINGS, INC.,
Plaintiff,

CIVIL ACTION

v.
BENEFIT TRUST COMPANY,
Defendant.

NO. 16-324

ORDER
AND NOW, this 8th day of November, 2019, upon consideration of Defendant Benefit
Trust Company’s Motion for Summary Judgment (Doc. No. 55, filed April 11, 2018), Defendant
Benefit Trust Company’s Suggestions in Support of Its Motion For Summary Judgment (Doc.
No. 56, filed April 11, 2018), Dansko’s Opposition to Benefit Trust’s Motion for Summary
Judgment (Doc. No. 75, filed March 5, 2019), Defendant Benefit Trust Company’s Reply in
Support of Its Motion For Summary Judgment (Doc. No. 79, filed April 2, 2019), Dansko
Holdings, Inc.’s Motion for Summary Judgment (Doc. No. 60, filed April 27, 2018), Defendant
Benefit Trust Company’s Suggestions in Opposition to Dansko Holdings, Inc.’s Motion for
Partial Summary Judgment (Doc. No. 74, filed March 5, 2019), and Dansko’s Reply in Support
of Its Motion for Summary Judgment (Doc. No. 82, filed April 2, 2019), for the reasons set forth
in the accompanying Memorandum dated October 29, 2019, IT IS ORDERED that Defendant
Benefit Trust Company’s Motion for Summary Judgment is GRANTED IN PART and
DENIED IN PART, as follows:
1. Defendant’s Motion for Summary Judgment is GRANTED with respect to plaintiff’s
claim for breach of the implied duty of good faith and fair dealing (Second Amended
Complaint, Count I). Plaintiff’s claim for breach of contract (Second Amended
Complaint, Count I) is MARKED WITHDRAWN with PREJUDICE.

2. Defendant’s Motion for Summary Judgment is GRANTED with respect to plaintiff’s
breach of oral contract claim (Second Amended Complaint, Count II); plaintiff’s
promissory estoppel claim (Second Amended Complaint, Count III); and plaintiff’s
fraud in the inducement claim (Second Amended Complaint, Count IV);
3. Defendant’s Motion for Summary Judgment is DENIED with respect to defendant’s
Second Amended Counterclaim for breach of contract.
JUDGMENT IS ENTERED in FAVOR of defendant, Benefit Trust Company, and
AGAINST plaintiff, Dansko Holdings, Inc., with respect to plaintiff’s claims for breach of the
implied duty of good faith and fair dealing (Second Amended Complaint, Count I), breach of
oral contract (Second Amended Complaint, Count II), promissory estoppel (Second Amended
Complaint, Count III), and fraud in the inducement (Second Amended Complaint, Count IV).
IT IS FURTHER ORDERED that Dansko Holdings, Inc.’s Motion for Summary
Judgment is GRANTED, and JUDGMENT IS ENTERED in FAVOR of plaintiff, Dansko
Holdings, Inc., and AGAINST defendant, Benefit Trust Company, with respect to defendant’s
Second Amended Counterclaim for breach of contract.
IT IS FURTHER ORDERED that the Clerk of Court shall MARK the case CLOSED.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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