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Component Hardware Group, Inc. v. Trine Rolled Moulding Corp.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


June 29, 2006

COMPONENT HARDWARE GROUP, INC., PLAINTIFF,
v.
TRINE ROLLED MOULDING CORP., DEFENDANT-COUNTERCLAIMANT.

The opinion of the court was delivered by: Mary L. Cooper United States District Judge

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT WITHOUT PREJUDICE

This matter coming before the Court on the motion of defendant-counterclaimant, Trine Rolled Moulding Corp., for (1) summary judgment in its favor as to all of the claims in the Complaint, and (2) partial summary judgment on liability for Counts I, III, IV, VI and VII of the Counterclaim; and the Court observing that said motion was filed on October 25, 2005, just subsequent to completion of preliminary injunction proceedings and prior to the completion of the pleadings and the commencement of Rule 16 discovery; and it appearing that said motion has been pending while discovery continues to progress under the supervision of the Magistrate Judge; and it appearing that there is currently pending a motion to amend the counterclaim (dkt. entry 76); and the summary judgment motion relying in part on preliminary findings of the Court set forth in its Memorandum Opinion filed June 27, 2005, which were expressly made on a preliminary basis only (see dkt. entry 38, at 70)*fn1 ; and under the circumstances the Court deeming the present motion for summary judgment to be premature; and good cause appearing,

IT IS THEREFORE on this 29th day of June, 2006, ORDERED that the motion of defendant-counterclaimant, Trine Rolled Moulding Corp., for partial summary judgment (dkt. entry 52) is DENIED WITHOUT PREJUDICE, and may be renewed on the basis of the papers previously filed, and additional submissions to be filed, at a time to be designated by the Magistrate Judge, after the conclusion of all remaining relevant discovery.


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