Soto v. Federal Express Corporation et al
| Eric Soto |
| Federal Express Corporation and Fedex Ground Corporation |
| 1:2009cv00365 |
| January 14, 2009 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| XX Out of State |
| Alvin K. Hellerstein |
| None |
| Federal Question |
| 28:1441 Notice of Removal |
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Filing
18
ORDER GRANTING DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT: ORDER granting 10 Motion for Partial Summary Judgment. Accordingly, I grant the motion for partial summary judgment as to damages. Upon searching the record, see Korea Life Ins. Co. v. Morgan Gaur. Trust Co. of N.Y., 269 F. Supp. 2d 424, 446 (S.D.N.Y. 2003), I determine that Plaintiff has offered no proofs to sustain any claim for damages whatever, even in the amount of $300. Plaintiff may submit such proofs to support a claim for damages by August 17, 2009. If Plaintiff does not make an adequate showing, the case may be dismissed. I further hold that no costs are appropriate, in light of the disparity between the amount of damages claimed, $5,700,000, and the maximum amount of damages to which Plaintiff may be entitled, $300. The Clerk shall mark the motion (Doc. #10) as terminated. SO ORDERED(Signed by Judge Alvin K. Hellerstein on 7/17/2009) (jmi)
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