Phelan v. Adelphia Communications Corporation et al
||Adelphia Communications Corporation, OFE II, LLC and Adelphia Consolidation, LLC
||April 18, 2008
||US District Court for the Middle District of Pennsylvania
||Contract: Other Office
||James F. McClure
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||28:1332 Diversity-Breach of Contract
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|December 1, 2009
MEMORANDUM AND ORDER: GRANTING defendants' 75 motion for reconsideration; DENYING plaintiff's 34 motion for partial summary judgment; DENYING defendants' motion for oral argument; scheduling a further case management conference for 12/8/2009 11:00 AM before Honorable James F. McClure Jr.; defendants' counsel shall arrange for the conference call. Signed by Honorable James F. McClure, Jr on 12/1/09. (km, )
|September 2, 2009
MEMORANDUM AND ORDER: Plaintiff's Motion to Amend and Revise the Memorandum of July 8, 2009 is DENIED. (Rec. Doc. No. 61); defendants' Motion to Vacate the Court's July 8, 2009 Order is DENIED without prejudice. (Rec. Doc. No. 65);De fendants may, if they so desire, file a motion for reconsideration in lieu of its Rule 60(b) motion by September 22, 2009. If defendants do not file a motion for reconsideration by this date, they will be precluded from filing any further motions at tempting to vacate our July 8, 2009 Order, and we will order briefing on damages pursuant to our July 8, 2009 Order in anticipation of entering declaratory judgment on Count I in favor of plaintiff. Signed by Honorable James F. McClure, Jr on 9/2/09. (km, )
|July 8, 2009
MEMORANDUM AND ORDER: Decision on plaintiff's 34 motion for partial summary judgment is deferred pending a final order re damages; it is adjudged that the "liquidated damages" provision of plaintiff's contract w/defendant result ing in a forfeiture of $999,750.00 is invalid as a penalty; on or before 7/22/2009, defendants shall remit $999,750.00 to the Clerk of Courts for the Middle District of PA in Williamsport, PA, pending the determination of the appropriate am ount of damages, if any; defendants' 54 motion for oral argument is denied; defendants are directed to file a brief on or before 7/27/2009 re what amount of damages, if any, are appropriate. Plaintiff will have 10 business days from the date of service of defendants' brief to file an opposing brief; a reply brief isnot permitted without leave of court.Signed by Honorable James F. McClure, Jr on 7/8/09. (km, ) (cc: Scranton Financial [Edmunds/Lavelle]; Rebecca Wither, WMSPT Clerk's Office)
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