Clark Distribution Systems, Inc. v. ALG Direct, Inc. et al

Filing 110

ORDER (Memorandum 109 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Magistrate Judge's report & recommendation 99 ADOPTED in part & REJECTED in part. ; 1. Pltfs' omnibus motion 65 for summary jdgmt is DENIED (see Paras 2a-b for specifics).; 3. A revised scheduling order setting matter for trial shall issue by future order of court. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/31/14. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CLARK DISTRIBUTION SYSTEMS, INC., Plaintiff : CIVIL ACTION NO. 1:10-CR-2575 : (consolidated) : (Chief Judge Conner) : v. : : ALG DIRECT, INC., : Defendant : =========================================== THE CLARK GROUP, INC., : Plaintiff : : v. : : ALG DIRECT, INC., : Defendant/Third Party Plaintiff : : v. : : CLARK DISTRIBUTION SYSTEMS, : INC., : Third-Party Defendant : ORDER AND NOW, this 31st of March, 2014, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. The Magistrate Judge’s report and recommendation (Doc. 99) are ADOPTED in part and REJECTED in part. 2. Plaintiffs’ omnibus motion (Doc. 65) for summary judgment is DENIED. a. CDS’s motion for partial summary judgment is DENIED as moot as it relates to ALG’s counterclaims in the TSA case. b. Clark’s motion for summary judgment in the Sublease Case is DENIED. 3. A revised scheduling order setting this matter for trial shall issue by future order of the court. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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