BENCHMARK ELECTRONICS, INC., ET AL. V. CREE, INC.
| BENCHMARK ELECTRONICS, INC. and BENCHMARK ELECTRONICS DE MEXICO, S. DE R.L. DE C.V. |
| CREE, INC. |
| 1:2016cv00529 |
| May 25, 2016 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| THOMAS D. SCHROEDER |
| JOE L. WEBSTER |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
69
MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 03/05/2019, that Cree's Motion to Amend or Alter Judgment Pursuant to Fed.R.Civ.P.52(a), 54(c) and 59(e) and for New Trial Pursuant to Fed.R.Civ.P.59(a), doc 61 is DENIED. (Coyne, Michelle)
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Filing
56
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/27/2018. Cree's counterclaims for breach of contract (first claim for relief), breach of the covenant of good faith and fair dealing (second claim for relief), unjust enrichment (fifth claim for relief, in the alternative), and conversion as tot he XT-E LED bulbs (fourth claim for relief) are DISMISSED WITH PREJUDICE. FURTHER that Benchmark's motion to exclude 49 is GRANTED. (Coyne, Michelle)
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Filing
55
MEMORANDUM OPINION AND ORDER - Benchmark's motion for summary judgment (Doc. 24) is GRANTED with respect to its breach of contract claim (first cause of action), and Benchmark shall have and recover the following from Cree: (1) $587,229.06 in unpaid invoices plus interest; (2) $286,371.44 for excess and obsolete components plus interest; and (3) $457,105.38 for excess amounts paid for consigned components plus interest, with interest on these sums accruing from the date the complaint was filed, May 25, 2016. Benchmark's motion for summary (Doc. 24) is GRANTED as to Cree's counterclaims for violation of the UDTPA (third claim for relief), and GRANTED IN PART as to Cree's counterclaim for conversion as to the XB-G LED bulbs (fourth claim for relief), and those claims are DISMISSED WITH PREJUDICE. Benchmark's motion for summary judgment is otherwise DENIED. Cree's motion for partial summary judgment (Doc. 28) is GRANTED as to Benchmark' s alternative claim for unjust enrichment (second cause of action) and DENIED as to Benchmark's contract claim (first cause of action) as well as to Cree's breach of contract counterclaim (first claim for relief), Cree's unjust enrichm ent counterclaim (third claim for relief), and Cree's breach of the covenant of good faith and fair dealing counterclaim (second claim for relief). The action will proceed to trial on Cree's counterclaims for breach of contract (first claim for relief), breach of the covenant of good faith and fair dealing (second claim for relief), unjust enrichment (fifth claim for relief, in the alternative), and conversion as to the XT-E LED bulbs (fourth claim for relief). Signed by CHIEF JUDGE THOMAS D. SCHROEDER on 1/18/2018. (Marsh, Keah)
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