UNIVERSAL ATLANTIC SYSTEMS, INC. v. HONEYWELL INTERNATIONAL, INC.

Filing 73

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS FOLLOWS: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S FIRST AMENDED COMPLAINT 16 IS GRANTED. PLAINTIFF'S FIRST AMENDED COMPLAINT IS DISMIS SED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON ITS COUNTERCLAIM AGAINST PLAINTIFF 35 IS GRANTED. IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SANCTIONS UNDER RULE 37(E)(1) AND BRIEF IN SUPPORT THEREOF 61 [69 ], AND DEFENDANT'S BRIEFING IN OPPOSITION THERETO 68 , PLAINTIFF'S MOTION IS DENIED. IT IS FURTHER ORDERED THAT, IN LIGHT OF THE ABOVE HOLDINGS, DEFENDANT'S MOTION TO EXCLUDE THE EXPERT TESTIMONY OF STEPHEN SCHERF 55 , AND DEFENDANT'S MOTION TO STRIKE THE DECLARATION OF RICHARD SHEPPARD 65 ARE DENIED AS MOOT. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/14/19. 5/15/19 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNIVERSAL ATLANTIC SYSTEMS,
INC.,
Plaintiff,

CIVIL ACTION

v.
NO. 17-4660
HONEYWELL INTERNATIONAL, INC.,
Defendant.
ORDER
AND NOW, this 14th day of May, 2019, upon consideration of Defendant’s Motion for
Summary Judgment and briefing in support thereof (ECF Nos. 50, 51, 66), and Plaintiff’s
briefing in opposition thereto (ECF Nos. 60 & 62), it is hereby ORDERED that Defendant’s
motion is GRANTED as follows:
1. Defendant’s Motion for Summary Judgment on Plaintiff’s First Amended Complaint
(ECF No. 16) is GRANTED. Plaintiff’s First Amended Complaint is DISMISSED.
2. Defendant’s Motion for Summary Judgment on its counterclaim against Plaintiff (ECF
No. 35) is GRANTED.
IT IS FURTHER ORDERED that, upon consideration of Plaintiff’s Motion for
Sanctions Under Rule 37(e)(1) and briefing in support thereof (ECF Nos. 61 & 69), and
Defendant’s briefing in opposition thereto (ECF No. 68), Plaintiff’s motion is DENIED.
IT IS FURTHER ORDERED that, in light of the above holdings, Defendant’s Motion
to Exclude the Expert Testimony of Stephen Scherf (ECF No. 55), and Defendant’s Motion to
Strike the Declaration of Richard Sheppard (ECF No. 65) are DENIED AS MOOT.
BY THE COURT:
/s/Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.