Comtech Holdings, Inc. d/b/a XCELL Mechanical Services v. Bruner Corporation

Justia Dockets & Filings Seventh Circuit Illinois Central District Comtech Holdings, Inc. d/b/a XCELL Mechanical Services v. Bruner Corporation

Comtech Holdings, Inc. d/b/a XCELL Mechanical Services v. Bruner Corporation

Plaintiff:	Comtech Holdings, Inc. d/b/a XCELL Mechanical Services
Defendant:	Bruner Corporation
Case Number:	1:2017cv01062
Filed:	February 7, 2017
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	Tazewell
Presiding Judge:	Jonathan E. Hawley
Presiding Judge:	James E. Shadid
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Date Filed	Document Text
September 18, 2018	Filing 32 ORDER AND OPINION entered by Chief Judge James E. Shadid on 9/18/2018. Defendant has demonstrated that there is material in the record giving rise to genuine disputes of material fact. Taking the evidence on the record in the light most favorable to the Defendant, a reasonable finder of fact could find in Defendant's favor with regard to the affirmative defenses of prior breach and payment. For the reasons set forth above, Plaintiff's Motion for Summary Judgment (Doc. 25) is DENIED. See full written Order. (VH, ilcd)
September 6, 2018	Filing 31 ORDER AND OPINION entered by Chief Judge James E. Shadid on 9/6/2018. None of the statements that Plaintiff claimed contradicted prior testimony rose to the level of a direct contradiction under settled case law. See Patton, 480 F.3d at 488. Although the affidavit and the deposition contain some differences, these may be explained by ambiguous or incomplete earlier testimony. See Aviles, 859 F.2d at 603. Plaintiff's 29 Motion to Strike is therefore DENIED. See full written Order. (VH, ilcd) Modified on 9/6/2018 correct spelling(VH, ilcd).

Date Filed

Document Text

September 18, 2018

Filing 32 ORDER AND OPINION entered by Chief Judge James E. Shadid on 9/18/2018. Defendant has demonstrated that there is material in the record giving rise to genuine disputes of material fact. Taking the evidence on the record in the light most favorable to the Defendant, a reasonable finder of fact could find in Defendant's favor with regard to the affirmative defenses of prior breach and payment. For the reasons set forth above, Plaintiff's Motion for Summary Judgment (Doc. 25) is DENIED. See full written Order. (VH, ilcd)

September 6, 2018

Filing 31 ORDER AND OPINION entered by Chief Judge James E. Shadid on 9/6/2018. None of the statements that Plaintiff claimed contradicted prior testimony rose to the level of a direct contradiction under settled case law. See Patton, 480 F.3d at 488. Although the affidavit and the deposition contain some differences, these may be explained by ambiguous or incomplete earlier testimony. See Aviles, 859 F.2d at 603. Plaintiff's 29 Motion to Strike is therefore DENIED. See full written Order. (VH, ilcd) Modified on 9/6/2018 correct spelling(VH, ilcd).

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Plaintiff: Comtech Holdings, Inc. d/b/a XCELL Mechanical Services
Represented By:	Andrew D Cassidy
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Defendant: Bruner Corporation
Represented By:	Owen Patrick Quinn
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