Free Order on Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv—01275-KAJ Document 102 Filed 03/02/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DON’S HYDRAULICS, INC., )
Plaintiff, g
v. g Civil Action No. 04-1275-KAJ
COLONY INSURANCE COMPANY and g
TRUCK TECH TECHNOLOGIES, INC., )
and TIPCO TECHNOLOGIES, INC., )
Defendants. g

For the reasons set forth in the Memorandum Opinion issued in this matter
today,
IT IS HEREBY ORDERED that the Motion in Limine to Preclude Testimony of
Plaintiff’s Expert (D.l. 82), Motion in Limine to Preclude Plaintiff’s Expert from Testifying
(D.l. 79), Motion in Limine to Preclude Evidence of P|aintiff's Damages (D.l. 90), Tipco
Technologies, lnc.‘s Motion for Summary Judgment (D.l. 80) and Plalntiff’s Motion for
Summary Judgment (D.l. 46) are DENIED.
IT IS FURTHER ORDERED that Truck Tech Technologies, Inc.’s Motion for
Summary Judgment (D.I. 83) is GRANTED as to the express warranty, implied warranty
of fitness, and deceptive trade practices claims, and that that Motion is DENIED in all
other respects.

Case 1 :04-cv—O1275-KAJ Document 102 Filed O3/O2/2006 Page 2 of 2
IT IS FURTHER ORDERED that Colony Insurance Company's Motion for
Summary Judgment (D.I. 44) is GRANTED as to F’Iaintlff’s costs, including
consequential costs, and that that Motion is DENIED in all other respects.
IT IS FURTHER ORDERED that summaryjuclgment is GRANTED for Tlpco
Technologies, Inc. as to the express warranty, implied warranty of fitness, and
deceptive trade practices claims. _
' . . 4 Al·14;.(
U IT ST ES TJUDGE
March 2, 2006
Wilmington, Delaware
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