International Tractor Co., Inc. et al v. Winn

Filing 54

ORDER: For the reasons expressed in the accompanying Memorandum, Jerry Winn's Motion for Partial Summary Judgment (Docket No. 45) is GRANTED IN PART and DENIED IN PART. All claims against Winn in this litigation are hereby DISMISSED WITH PREJUDI CE, but issues of fact prevent the court from finding against both counter-defendants for a certain amount on Winn's money had and received claim. Winn's Motion to Dismiss for Failure to Prosecute and/or for Sanctions 38 is DENIED AS MOOT as to the "dismissal" portion and DENIED WITHOUT PREJUDICE as to the "sanctions" portion. Winn's Motion to Extend Upcoming Deadlines in Case Management Order 34 is TERMED. Pursuant to the court's 4/1/2010 Order 42 , all discovery deadlines in this case remain STAYED and a status conference will be held in Judge Trauger's chambers on 6/14/2010 at 11:00 a.m. Signed by District Judge Aleta A. Trauger on 5/13/10. (dt)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION INTERNATIONAL TRACTOR CO., INC. and EILAT LEV, Plaintiffs/Counter-Defendants, v. JERRY E. WINN, Defendant/Counter-Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No. 3:09-0015 Judge Trauger ORDER For the reasons expressed in the accompanying Memorandum, Jerry Winn's Motion for Partial Summary Judgment (Docket No. 45) is GRANTED IN PART and DENIED IN PART. All claims against Winn in this litigation are hereby DISMISSED WITH PREJUDICE, but issues of fact prevent the court from finding against both counter-defendants for a certain amount on Winn's money had and received claim. Winn's Motion to Dismiss for Failure to Prosecute and/or for Sanctions (Docket No. 38) is DENIED AS MOOT as to the "dismissal" portion and DENIED WITHOUT PREJUDICE as to the "sanctions" portion. Winn's Motion to Extend Upcoming Deadlines in Case Management Order (Docket No. 34) is TERMED. Pursuant to the court's April 1, 2010 Order (Docket No. 42), all discovery deadlines in this case remain STAYED and a status conference will be held in Judge Trauger's chambers on June 14, 2010 at 11:00 a.m. It is so ordered. Enter this 13th day of May 2010. ALETA A. TRAUGER United States District Judge

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