Carando Gourmet Frozen Foods Corp. v. Axis Automation, LLC et al
Carando Gourmet Frozen Foods Corp. |
Axis Automation, LLC and Axis Automation Group, Inc. |
3:2017cv30164 |
November 9, 2017 |
US District Court for the District of Massachusetts |
Springfield Office |
Hampden |
Mark G. Mastroianni |
Other Contract |
28 U.S.C. ยง 1330 |
Plaintiff |
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Filing 77 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. The motion for summary judgment, [ECF No. 69 ], is GRANTED in part and DENIED in part. Specifically, summary judgment is granted against Carando on its claims for breach of exp ress and implied warranties (Counts III, IV, and V), negligent misrepresentation (Count VI), promissory estoppel (Count VII), and unjust enrichment (Count VIII), as well as Carando's request for declaratory relief (Count IX). Summary judgment is denied as to Carando's rightful refusal (Count I) and breach of contract (Count II) claims, which will proceed to trial. SO ORDERED. (McDonagh, Christina) |
Filing 56 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Carando's motion to amend [ECF No. 49 ] is DENIED. The Court finds that Carando has failed to demonstrate that it acted diligently in making its motion to amend and further finds that it would be prejudicial to re-open fact discovery. SO ORDERED. (McDonagh, Christina) |
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