Carrigan v. Arthur J. Gallagher Risk Management Services, Inc.

Filing 73

ORDER: For the reasons expressed in the accompanying Memorandum, summary judgment is GRANTED in the plaintiff's favor on his claim for breach of contract and AJGRMS' Motion for Default 55 is DENIED. The only liability issue remaining is A JGRMS' counterclaim for abuse of process, which the court may rule on as a matter of law at the pretrial conference. The court has already found that the plaintiff is liable to AJGRMS on its breach of contract counterclaim in the amount of $ ;47,611.69. Thus, the only damages issue remaining is the amount of damages the plaintiff is entitled to recover as a result of AJGRMS' breach of the non-compete clause contained in the Sale Agreement. Signed by District Judge Aleta A. Trauger on 5/30/12. (dt)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GARY CARRIGAN, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., Defendant. Case No. 3:10-cv-1089 Judge Trauger ORDER For the reasons expressed in the accompanying Memorandum, summary judgment is GRANTED in the plaintiff’s favor on his claim for breach of contract and AJGRMS’ Motion for Default (Docket No. 55) is DENIED. The only liability issue remaining is AJGRMS’ counterclaim for abuse of process, which the court may rule on as a matter of law at the pretrial conference. The court has already found that the plaintiff is liable to AJGRMS on its breach of contract counterclaim in the amount of $47,611.69. Thus, the only damages issue remaining is the amount of damages the plaintiff is entitled to recover as a result of AJGRMS’ breach of the non-compete clause contained in the Sale Agreement. It is so ordered. Enter this 30th day of May 2012. _______________________________ ALETA A. TRAUGER United States District Judge 1

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