Gateway Center IV, L.C. v. Cost Plus, Inc.

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Date Filed	#	Document Text
April 15, 2010	20	ORDER re: 10 Motion for Partial Summary Judgment:Upon consideration of the Motion, the opposition thereto, the arguments of counsel at the hearing held on this Motion on April 9, 2010, and for reasons stated in the accompanying Memorandum Opini on, it is herebyORDERED that the Motion for Partial Summary Judgment (Doc. No. 10 ) filed by Plaintiff Gateway Center IV, L.C. be, and the same hereby is, DENIED as to Count 1 of the Complaint (Doc. No. 1 ), and Count 1 of the Complaint (Doc. No. 1 ) be, and the same hereby is, DISMISSED as moot; and it isFURTHER ORDERED that the Motion for Partial Summary Judgment (Doc. No. 10 ) filed by Plaintiff Gateway Center IV, L.C. be, and the same hereby is, GRANTED as to liability only on Count 2 of the Complaint (Doc. No. 1 ), and it isFURTHER ORDERED that the stay with respect to discovery ordered orally by the Court following its hearing on April 9, 2010 be, and the same hereby is, vacated and the parties are directed to proceed with discovery with respect to the remaining issues in the case, as they deem appropriate, during the remaining discovery period.Signed by District Judge Anthony J Trenga on 04/15/2010. (kbro )

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