Z VIEW ENTERPRISES, LLC et al v. GIANT EAGLE, INC.
Case Number: 2:2017cv00740
Filed: February 28, 2019
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
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Date Filed Document Text
February 1, 2024 Opinion or Order Filing 689 MEMORANDUM ORDER. It is hereby ORDERED as follows: the SCOZIO-Plaintiffs' 650 Motion to Sequester Witnesses from the Courtroom, Prohibit Disclosure of Trial Testimony to Witnesses and Prohibit Sequestered Witnesses from Accessing Trial Tes timony is GRANTED; SCOZIO-Plaintiffs' 651 Motion to Exclude Evidence or Testimony Regarding Alleged Defaults Under or Non-Compliance with Agreements not at Issue and 652 Motion to Exclude Evidence or Testimony Regarding the Performance of St ores Prior to 2006 and Irrelevant Evidence of Financial Performance Post-Conversion are GRANTED IN PART and DENIED IN PART; Defendant GIANT EAGLE's 654 Motion to Exclude Certain Deposition Designations is DENIED; GIANT EAGLE's 656 Mo tion to Exclude Certain Evidence Relating to Damages and 658 Motion to Exclude Certain Evidence Regarding the Penn Township Fuel Station are GRANTED; GIANT EAGLE's 660 Motion to Exclude Evidence Purporting to Show "Desire to Eliminate C ompetition" and 662 Motion to Exclude Peter Boschini from Testifying at Trial are GRANTED IN PART and DENIED IN PART; GIANT EAGLE's 664 Motions to Exclude David Shapira as a Witness and 666 Motion to Exclude Post-Execution Statements are DENIED as more fully set forth in said order. Signed by Judge Cathy Bissoon on 2/1/2024. (jmm)
June 30, 2023 Opinion or Order Filing 592 MEMORANDUM AND ORDER reflecting that Giant Eagle's Motion for Summary Judgment on Plaintiffs' Claims (Doc. 562 ) is GRANTED IN PART AND DENIED IN PART, and that Giant Eagle's Motion for Summary Judgment on its Counterclaims (Doc. 564 ) as well as Plaintiffs' Motion for Partial Summary Judgment (Doc. 570 ) are DENIED. See contents of this filing. Signed by Judge Cathy Bissoon on 6/30/2023. (ahm)
December 23, 2019 Opinion or Order Filing 351 ORDER (Memorandum 350 previously entered as separate docket entry) - It is hereby ORDERED that: 1. Deft Giant Eagle's motion 179 for partial jdgmt on pleadings GRANTED in part & DENIED in part as follows... (see paras 1a-1b for specifics).; 2. Clrk of Ct shall enter jdgmt in deft's favor on its supp'l counterclaim Ct 7 - Pltf & counterclaim deft Mon Valley must w/in reasonable time perform in acc w/ para 23 of Fisher Heights sublease agrmnt 79 36p23 re: option to purchase.; 3 . ORDERED & DECLARED that Retailer's Agrmt 79 -5 btwn Mon Valley & Giant Eagle for Fisher Heights & Finleyville stores is TERMINATED.; 4. Clrk of Ct shall enter declaratory jdgmt in favor of Giant on its supp'l counterclaim Ct 7 in acc w/ para 3 above.; 5. ORDERED & DECLARED that following contracts btwn Mon Valley & Giant are TERMINATED... (see par 5 for specifics).; 6. Clrk of Ct shall enter declaratory jdgmt in favor of Giant Eagle on its supp'l counterclaim Ct 9 in acc w/ para 5 above.; 7. Entry of jdgmt per paras 2,4 & 6 re: Giant's supp'l counterclaims Cts 7, 8 & 9 shall be final jdgmt pursuant to FRCP 54(b).... (See order for complete details.) Signed by Christopher C. Conner on 12/23/19. (kmMD)
November 22, 2019 Opinion or Order Filing 341 ORDER granting plaintiffs' motion 270 to file a 2nd supplemental complaint - plaintiffs shall file their 2nd supplemental complaint as proposed & attached to the instant motion 270 -1 forthwith & deft shall respond thereto in acc w/ the FRCP. (See order for complete details.) Signed by Christopher C. Conner on 11/22/19. (kmMD)
November 4, 2019 Opinion or Order Filing 319 ORDER DENYING deft Giant Eagle's motion 309 to deny pltfs' motion for PI w/out a hearing & DENYING as MOOT pltfs' motion 312 for a status conference & to set briefing schedule re: deft's expedited motion to deny motion for PI. (See order for complete details.) Signed by Christopher C. Conner on 11/4/19. (kmMD)
February 28, 2019 Opinion or Order Filing 155 ORDER (Memorandum 154 previously filed as separate docket entry) DENYING Giant Eagle's motion 137 "to enjoin relitigation in state court." (See order for complete details.) Signed by Christopher C. Conner on 2/28/19. (kmMD)
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