MARTELET v. AVAX TECHNOLOGIES, INC. et al
| FRANCOIS MARTELET |
| AVAX TECHNOLOGIES, INC., GENOPOIETIC, JOHN K.A. PRENDERGAST, EDSON D. DE CASTRO, ANDREW W. DAHL and CARL SPANA |
| 2:2009cv02925 |
| June 30, 2009 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| JAN E. DUBOIS |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
94
ORDER THAT: 1. PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED AS TO PLAINTIFFS ENTITLEMENT TO WAGES AND BENEFITS THAT ACCRUED BETWEEN APRIL 9, 2009, AND JUNE 17, 2009, AND INTEREST THEREON, AND DENIED IN ALL OTHER RESPECTS. THE AMOUNT OF P LAINTIFFS CLAIM FOR SUCH WAGES AND BENEFITS PRESENTS A QUESTION OF FACT FOR THE JURY.2. THE MOTION OF COUNTER-DEFENDANT, FRANCOIS MARTELET, FOR SUMMARY JUDGMENT TO DISMISS COUNTERCLAIMS OF COUNTER-PLAINTIFF, AVAX TECHNOLOGIES, INC. IS GRANTED.3. DEFE NDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED.4. AT THE REQUEST OF DEFENDANTS IN THEIR MEMORANDUM OF LAW IN OPPOSITION TO MEMORANDUM OF LAW IN SUPPORT OF COUNTER-DEFENDANT, FRANCOIS MARTELETS, MOTION FOR SUMMARY JUDGMENT TO DISMISS COUNTERCLAIMS OF CO UNTER-PLAINTIFF, AVAX TECHNOLOGIES, INC., PLAINTIFFS CLAIM FOR DETRIMENTAL RELIANCE (COUNT III) IS DISMISSEDWITH PREJUDICE.5. PLAINTIFFS CLAIM FOR UNJUST ENRICHMENT (COUNT IV) IS DISMISSED WITH PREJUDICE FOR THE SAME REASONS THAT THE COURT DISMISSES PLAINTIFFS CLAIM FOR DETRIMENTAL RELIANCE.IT IS FURTHER ORDERED THAT THE COURT WILL CONDUCT A TELEPHONE CONFERENCE IN DUE COURSE TO SCHEDULE FURTHER PROCEEDINGS.. SIGNED BY HONORABLE JAN E. DUBOIS ON 05/2/2012. 5/4/2012 ENTERED AND COPIES E-MAILED.(lbs, )
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