Meltzer/Austin Restaurant Corporation et al v. Benihana National Corp.
| Meltzer San Antonio Restaurants, L.P. and Meltzer/Austin Restaurant Corporation |
| Benihana National Corp. |
| 1:2011cv00542 |
| June 28, 2011 |
| US District Court for the Western District of Texas |
| Austin Office |
| Lee Yeakel |
| Contract: Franchise |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| None |
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The following documents for this case are available for you to view or download:
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Filing
280
ORDER GRANTING IN PART AND DENYING IN PART 266 Motion for Attorney Fees. Signed by Judge Andrew W. Austin. (dm)
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Filing
264
ORDER GRANTING IN PART AND DENYING IN PART 246 Motion for Judgment as a Matter of Law; GRANTING 261 Motion for Entry of Final Judgment. Signed by Judge Andrew W. Austin. (kkc)
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Filing
237
ORDER DENYING 228 Renewed Motion to Exclude the Testimony and Report of George P. Roach, and Mr. Roach will be permitted to testify as set forth in his amended and supplemented reports. Nothing in this Order should be construed as the Court stating any opinion regarding whether the testimony that may be provided by Mr. Roach will be sufficient to meet the applicable standard under New York or Texas law to obtain an award of lost profits generally, or for the future time period for which the Plaintiff is requesting those damages. That issue will be decided in one or more of the following times: as part of a Rule 50 motion if made, before the jury is charged, or after a verdict is returned. Signed by Judge Andrew W. Austin. (kkc)
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Filing
224
ORDER GRANTING IN PART AND DENYING IN PART 191 Motion to Exclude the Testimony and Report of George P. Roach. The Court STRIKES the portion of Roach's opinion discussed in this Order. Roach shall revise his report and testimony and inform Ben ihana of any changes before the end of business on Wednesday, April 2, 2014; DENYING 198 Motion to Exclude or Limit Proposed Expert Testimony of Clinton Sayers and Gary Durham; GRANTING IN PART AND DENYING IN PART 204 , 217 Motions in Limine; GRANTING 197 Motion to Exceed Page Limits; GRANTING 200 Motion to Exceed Page Limits; GRANTING 205 Motion for Leave to File 10-Page Reply in Support of its Motion to Exclude Testimony and Report of George P. Roach; GRANTING 199 Motion for Extension of Time to File (Nunc Pro Tunc) regarding Motion to Exclude Testimony of George Roach. Signed by Judge Andrew W. Austin. (kkc)
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Filing
162
ORDER GRANTING IN PART AND DENYING IN PART 141 Motion to Compel Answers to Interrogatories; GRANTING in accordance with the limitations set forth 143 Motion to Compel 30(b)(6) Deposition; DENYING AS MOOT 144 Motion to Quash. Lead counsel for both parties are sanctioned in the form of costs and attorneys' fees in the amount of $2,000.00 for violations of the Federal Rules of Civil Procedure, to be paid to the opposing party or parties; both parties are hereby PROHIBITED from filing any further motions concerning discovery without prior approval from the Court. Signed by Judge Andrew W. Austin. (kkc)
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Filing
140
ORDER DENYING AS MOOT 116 Second Motion to Compel Depositions; GRANTING IN PART AND DENYING IN PART 120 Second Motion to Compel production Responses; Benihana shall produce the responsive documents no later than April 5, 2013. Signed by Judge Andrew W. Austin. (kkc)
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Filing
110
ORDER DENYING 105 Motion to Compel. Signed by Judge Andrew W. Austin. (dm)
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Filing
108
ORDER DENYING 84 Motion to Compel; GRANTING 87 Motion for Protective Order; GRANTING IN PART AND DENYING IN PART 88 Motion to Compel; Benihana shall serve responses ordered no later than January 18, 2013. Signed by Judge Andrew W. Austin. (kkc)
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