Harbor Investment Advisory, LLC v. MGL Consulting Corporation

Filing 42

FINAL JUDGMENT entered. Case terminated on 6/26/13.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HARBOR INVESTMENT ADVISORY, LLC, §
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Plaintiff,
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VS.
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MGL CONSULTING LLC,
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Defendant.
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CIVIL ACTION NO. H-13-0580

FINAL JUDGMENT
At a hearing held on June 25, 2013, counsel for both parties appeared and presented
argument on the motion for summary judgment filed by Harbor Investment Advisory, LLC. At the
hearing, MGL Consulting LLC acknowledged that the undisputed facts showed the absence of any
damages resulting from Harbor Investment Advisory, LLC’s alleged violation of Section 8.16 of the
parties’ Base Services Agreement. MGL Consulting LLC acknowledged the absence of evidence
that could support this element of the breach-of-contract claim. MGL Consulting LLC also
acknowledged that the absence of any actual damages made the liquidated damages provision in
Section 8.16 of the parties’ Base Services Agreement unenforceable under the circumstances. As
a result, MGL Consulting LLC stated that it did not oppose this court granting Harbor Investment
Advisory, LLC’s motion for summary judgment and entering final judgment.
For these reasons, this court grants summary judgment in favor of Harbor Investment
Advisory, LLC and declares that:
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Harbor Investment Advisory, LLC did not breach Section 8.16 of the Base Services
Agreement;

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The liquidated damages provision of Section 8.16 is unenforceable in this case;

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MGL Consulting LLC take nothing on its counterclaims, which are dismissed with
prejudice.
This is a final judgment.
SIGNED on June 26, 2013, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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