CAG Food Services, LLC v. Shaver Foods, LLC
| CAG Food Services, LLC |
| Shaver Foods, LLC |
| 1:2018cv02753 |
| June 5, 2018 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Gwinnett |
| Richard W. Story |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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| Document Text |
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Filing
134
OPINION and ORDER granting 107 Shaver's Motion for Summary Judgment and denying as moot its 102 Motion to Strike 22 Amended Complaint. Denying 129 CAG's motion for leave to file surreply. Counts I and IV of the Amended Complaint are DISMISSED. The stay entered pursuant to the Courts September 24, 2020 121 order is LIFTED. A fact question remains as to the proper measure of damages on CAG's Count II and the dependent Count VII, for breach of the covenant of good f aith and fair dealing. Count VIII, for attorney's fees and expenses, also remains viable as to the surviving claims. Within 30 days of entry of this Order, the parties shall file a proposed Consolidated Pretrial Order. Signed by Judge Steven D. Grimberg on 03/17/2021. (bdb)
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Filing
121
OPINION AND ORDER granting in part and denying in part 68 Motion for Partial Summary Judgment on Count II of the Amended Complaint. The Court GRANTS the motion as to Shaver's liability and DENIES the motion as to damages. Counts I, IV, V, V II, and VIII remain pending in this litigation, as does Shaver's motion for summary judgment on those counts. The Court STAYS further adjudication on the issue of damages to be awarded under Count II until it rules on Shavers motion for summary judgment. Signed by Judge Steven D. Grimberg on 9/24/2020. (bdb)
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