THE STEAK UMM COMPANY, LLC v. STEAK 'EM UP, INC.

Filing 61

ORDER THAT THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. THE DEFENDANT'S MOTION FOR LEAVE TO FILE EXCESS PAGES IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/23/11. 8/23/11 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE STEAK UMM COMPANY, LLC,
Plaintiff

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STEAK ‘EM UP, INC.,
Defendant

CIVIL ACTION
NO. 09-2857

ORDER
AND NOW, this 23rd day of August, 2011, upon careful consideration of the parties’
motions for summary judgment, IT IS HEREBY ORDERED that:
1.

The plaintiff’s motion for summary judgment (Document No. 45) is DENIED.

2.

The defendant’s motion for summary judgment (Document No. 46) is
GRANTED in part and DENIED in part as follows:
a.

The defendant’s motion is DENIED as to Counts One and Two of
plaintiff’s complaint.

b.

The defendant’s motion is GRANTED as to Count Three of plaintiff’s
complaint.

c.

The defendant’s motion is GRANTED as to plaintiff’s claims for actual
damages, treble damages, an accounting of profits, and attorneys’ fees.

3.

The defendant’s motion for leave to file excess pages (Document No. 51) is
DENIED as moot.

BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.