INNOVATIVE METAL CRAFT, LLC v. WHALEY et al

Filing 106

ORDER: NOW, this 29th day of April, 2020, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that Defendants' motion for partial summary judgment, ECF No. 88 , shall be, and hereby is GRANTED as to Count I of the Complaint. Accordingly, pursuant to Rule 58 of the Federal Rules of Civil Procedure, JUDGMENT is hereby entered in favor of Defendants Jon Whaley and The Barndoor Hardware Store, LLC, and against Plaintiff Innovative Metal Craft, LLC, with resp ect to Count I of the Complaint. Defendants' alternative requests for relief are hereby DISMISSED as moot. IT IS FURTHER ORDERED that all pending state law claims shall be, and hereby are, DISMISSED without prejudice to the parties' resp ective rights to litigate said claims in state court. IT IS FURTHER ORDERED that Plaintiff's cross-motion for partial summary judgment as to Count V of the Complaint, ECF No. 85 , shall be, and hereby is, DISMISSED without prejudice. There being no other matters pending before the Court in the above- captioned case, the Clerk is directed to mark this Civil Action "Closed." Signed by Judge Susan Paradise Baxter on 04/29/2020. (esa)

Case 1:17-cv-00138-SPB Document 106 Filed 04/29/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
INNOVATIVE METAL CRAFT,
LLC,

)
)
)
Plaintiff,
)
v.
)
)
JON WHALEY and THE BARNDOOR )
HARDWARE STORE, LLC,
)
)
Defendants.
)

Case No. 1:17-cv-138

ORDER OF JUDGMENT
NOW, this 29th day of April, 2020, for the reasons set forth in the accompanying
Memorandum Opinion,
IT IS ORDERED that Defendants’ motion for partial summary judgment, ECF No. [88],
shall be, and hereby is GRANTED as to Count I of the Complaint. Accordingly, pursuant to
Rule 58 of the Federal Rules of Civil Procedure, JUDGMENT is hereby entered in favor of
Defendants Jon Whaley and The Barndoor Hardware Store, LLC, and against Plaintiff
Innovative Metal Craft, LLC, with respect to Count I of the Complaint. Defendants’ alternative
requests for relief are hereby DISMISSED as moot.
IT IS FURTHER ORDERED that all pending state law claims shall be, and hereby are,
DISMISSED without prejudice to the parties’ respective rights to litigate said claims in state
court.
IT IS FURTHER ORDERED that Plaintiff’s cross-motion for partial summary judgment
as to Count V of the Complaint, ECF No. [85], shall be, and hereby is, DISMISSED without
prejudice.
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Page | 1

Case 1:17-cv-00138-SPB Document 106 Filed 04/29/20 Page 2 of 2

There being no other matters pending before the Court in the above-captioned case, the
Clerk is directed to mark this Civil Action “Closed.”
Page | 2
___________________________
Susan Paradise Baxter
United States District Judge

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