The opinion of the court was delivered by: Judge: Hon. Audrey B. Collins
[PROPOSED] JUDGMENT DISMISSING WATER, INC.'S CLAIMS
Order Date: December 20, 2011
Mag. Judge: Hon. Suzanne Segal
Date Complaint Filed: May 13, 2009 Discovery Cut-off Date: August 1, 2011 Pretrial Conference: January 9, 2012 Trial: January 24, 2012
Having considered the Motions for Summary Judgment and Judgment on the Pleadings (the "Motions") filed by Defendants Everpure, Inc., Everpure, LLC; Pentair Residential Filtration, LLC, Pentair, Inc., Gerard McKeown, Mike Madsen and Debra Barton ("Everpure Defendants") [Dkt. No. 167] and Purcell Murray Company, Inc. ("Purcell Murray") [Dkt. No. 175] (all defendants collectively referenced as "Defendants"), and having considered the Parties' briefing, evidentiary objections, and other submissions relating to those Motions, as well as oral argument presented by counsel at the December 19, 2011 hearing on the Motions, the Court has reached the following decision, the grounds for which are fully set forth in the December 20, 2011 Order Granting Defendants' Motions for Summary Judgment and Judgment on the Pleadings [Dkt. No. 242]:
It is ordered that summary judgment is granted in Defendants' favor, that Plaintiff Water, Inc. recover nothing, that all of its claims against Defendants be dismissed on the merits, and that Defendants recover their costs at the conclusion of this action. This judgment, awarded pursuant to Fed. R. Civ. P. 56(a), is not a final judgment because it does not dispose of Everpure, LLC's and Pentair Residential Filtration LLC's counterclaims against Water, Inc. which remain pending.
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