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Electric Mobility Corp. v. Bourns Sensors/Controls

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 13, 2000

ELECTRIC MOBILITY CORPORATION,
PLAINTIFF,
V.
BOURNS SENSORS/CONTROLS, INC. AND HALL-MARK ELECTRONICS, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

HON. STEPHEN M. ORLOFSKY

ORDER

This matter having come before the Court on the motion of Plaintiff, Electric Mobility Corporation ("Electric Mobility"), for certification of this Court's Orders of January 8, 1992 and October 30, 1998, pursuant to 28 U.S.C. § 1292(b), and the motions of Defendants, Bourns Sensors/Controls, Inc. and Hall-Mark Electronics, Inc. ("Defendants"), for partial summary judgment on portions of Electronic Mobility's claims for prejudgment interest and out-of-pocket expenses, and;

Frank A. Luchak, Esq. and Kenneth M. Denti, Esq. and Suzanne Hasson dePillis, Esq. of Duane, Morris & Heckscher, LLP, appearing on behalf of Electric Mobility, and Stuart Mark Feinblatt, Esq. and Kathleen Burns Gengaro, Esq. of Sills Cummis Zuckerman Radin Tischman Epstein & Gross, P.A. and Thomas G. Carruthers, Esq. of O'Melveney & Myers, LLP, appearing on behalf of the Defendants; and,

The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;

IT IS, on this 13th day of March, 2000, hereby ORDERED that:

1. The motion of Electric Mobility for certification of this Court's Orders of January 8, 1992 and October 30, 1998 is DENIED;

2. The parties shall, within twenty days of receipt of this Opinion and Order, file with this Court briefs on the following issues:

A. Whether this Court should, pursuant to Federal Rule of Civil Procedure 54(b), reconsider Electric Mobility's claim under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2, as first considered in the January 8, 1992 Order; and,

B. If so, whether this Court should vacate the partial summary judgment ruling on the New Jersey Consumer Fraud Act issue; and,

C. The Court will list this issue for disposition on its motion calendar on May 5, 2000. Unless counsel are advised to appear for oral argument by the Court, the issue shall be decided on the papers;

3. The motion of the Defendants for partial summary judgment on Electric Mobility's claim for prejudgment interest between April 13, 1992 and June 6, 1997 is DENIED without prejudice;

4. The motion of the Defendants for partial summary judgment on Electric Mobility's claim for out-of-pocket expenses before January 20, 1989 and after May 1, 1990 is GRANTED in part and DENIED in part;

5. The motion of the Defendants for partial summary judgment on Electric Mobility's claim for out-of-pocket expenses incurred before January 20, 1989 is GRANTED however, the motion for partial summary judgment on Electric Mobility's claim for out-of-pocket expenses incurred after May 1, 1990 is DENIED.

20000313

© 2000 VersusLaw Inc.



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