Matthew Focht Enterprises, Inc. v. Lepore
Plaintiff: Matthew Focht Enterprises, Inc.
Defendant: Michael Lepore
Counter_claimant: Michael Lepore
Counter_defendant: Matthew Focht Enterprises, Inc.
Case Number: 1:2012cv04479
Filed: December 31, 2012
Court: US District Court for the Northern District of Georgia
County: Cobb
Presiding Judge: William S. Duffey
Nature of Suit: Contract: Other

Available Case Documents

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Date Filed Document Text
August 17, 2015 Opinion or Order Filing 117 OPINION AND ORDER that Defendant Michael Lepore's Renewed Motion for Attorney Fees and Costs 109 is GRANTED. Defendant is awarded attorneys' fees in the amount of $155,871.33, and costs in the amount of $20,213.80, for a tota l award of $176,085.13 IT IS FURTHER ORDERED that Plaintiff Matthew Focht Enterprises, Inc.'s Renewed Motion for Attorney Fees 111 is GRANTED. Plaintiff is awarded attorneys' fees in the amount of $38,365.50, and costs in the amount of $2,456.47, for a total award of $40,821.97. Signed by Judge William S. Duffey, Jr on 8/17/2015. (anc)
July 22, 2014 Opinion or Order Filing 82 OPINION AND ORDER that Defendant's Motion in Limine 61 is GRANTED IN PART and DENIED IN PART. It is GRANTED to the extent Plaintiff seeks to assert that the violation of the restrictive covenants authorized it to refuse to provide post-termination commissions to Defendant. It is DENIED regarding all other issues. Signed by Judge William S. Duffey, Jr on 7/22/2014. (anc)
July 18, 2014 Opinion or Order Filing 76 OPINION AND ORDER that Plaintiff's Motion in Limine 60 is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Defendant's claim for unpaid commissions in excess of ten thousand dollars ($10,000). The Court will, at the pretrial conference set for July 22, 2014, consider what evidence concerning Defendant's alleged unpaid commissions might be allowed at trial. It is DENIED with respect to Defendants introduction of his attorneys' fees and costs, including expert witness fees, as permitted by §6.13 of the Agreement. It is DENIED with respect to Defendant's introduction of evidence that no agency relationship existed and with respect to evidence that Defendant did not owe a fiduciary duty to Plaintiff. IT IS FURTHER ORDERED that Defendant's Motion in Limine 61 is DENIED with respect to its request that the Court find that the Agreement does not limit Defendants damages to $10,000. Signed by Judge William S. Duffey, Jr on 7/18/2014. (anc)
July 16, 2014 Opinion or Order Filing 72 OPINION AND ORDER that Defendant's June 11, 2014, expert report shall be excluded, and Krasnosky shall not be permitted to testify as to its contents. IT IS FURTHER ORDERED that Defendant, on or before Noon on July 21, 2014, may submit a suppl emental expert report concerning the total surcharge commission damages claimed to be owed to Defendant, utilizing the methodology contained in Krasnosky's November 2013, supplemental report. IT IS FURTHER ORDERED that the Court will, at the p retrial conference set for July 22, 2014, consider Krasnosky's qualifications under Federal Rule of Evidence 702, whether Krasnosky should be entitled to provide the various opinions stated in his initial expert report and whether a Daubert hearing is required for the Court to determine the scope of Krasnosky's testimony at trial, if he is allowed to testify. Signed by Judge William S. Duffey, Jr on 7/16/2014. (anc)
March 21, 2014 Opinion or Order Filing 49 OPINION AND ORDER that Defendant's Motion for Leave to Amend Counterclaim 32 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment 37 is GRANTED IN PART and DENIED IN PART. It is GRANTED with respec t to Count I of Defendant's Counterclaim. It is DENIED with respect to all other claims. IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment as to Plaintiff's Liability on Count One of the Counterclaim 38 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Supplement Its Summary Judgment Brief 45 is DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 3/21/2014. (anc)
September 9, 2013 Opinion or Order Filing 43 OPINION AND ORDER GRANTING Defendant's 7 Motion for Summary Judgment as to Counts I, II, and VI of the Amended Complaint. Signed by Judge William S. Duffey, Jr on 9/9/2013. (anc)
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Plaintiff: Matthew Focht Enterprises, Inc.
Represented By: Charles L. Bachman, Jr.
Represented By: Carl George Kleeman, IV
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Defendant: Michael Lepore
Represented By: Glen Alan Howard
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Counter_claimant: Michael Lepore
Represented By: Glen Alan Howard
Represented By: Glen Alan Howard
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Counter_defendant: Matthew Focht Enterprises, Inc.
Represented By: Charles L. Bachman, Jr.
Represented By: Carl George Kleeman, IV
Represented By: Charles L. Bachman, Jr.
Represented By: Carl George Kleeman, IV
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