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BOYCE v. SOUNDVIEW TECHNOLOGY GROUP

United States District Court, S.D. New York


April 21, 2004.

MARK BOYCE, Plaintiff against SOUNDVIEW TECHNOLOGY GROUP, INC., Defendant

The opinion of the court was delivered by: HAROLD BAER, Jr., District Judge

OPINION & ORDER

WHEREAS plaintiff Mark Boyce ("Boyce") moved for summary judgment pursuant to Federal Rule of Civil Procedure ("Fed.R. Civ. P.") 56, on Count I of his amended complaint, and defendant Soundview Technology Group, Inc. ("Soundview") cross-moved for summary judgment on Counts I and IV, and also moved to limit any damages to $400,000; and

WHEREAS oral argument on both motions was held on April 21, 2004; and

  WHEREAS Boyce voluntarily withdrew, with prejudice, Counts II, III, and IV of his amended complaint; and

  WHEARAS as explained in open Court, several issues of fact preclude summary judgment on Count I of Boyce's amended complaint; and

  WHEREAS as explained in open Court, several issues of fact preclude summary judgment, capping any eventual damages at $400,000; it is hereby

  ORDERED that the cross-motions for summary judgment on Count I are denied, and Soundview's motion to cap damages at $400,000 is also denied; and it is further

  ORDERED that Counts II, III, and IV are dismissed with prejudice; and it is further

  ORDERED that the Clerk is instructed to close all motions for summary judgment SO ORDERED.

20040421

© 1992-2004 VersusLaw Inc.



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