Summary
stating that the elements for these three claims are identical except that the federal claims require an effect on interstate commerce
Summary of this case from First American Marketing Corporation v. CanellaOpinion
Civil Action No. 02-cv-02917
September 19, 2003
ORDER
NOW, this 19th day of September, 2003, upon consideration of Plaintiff Scott Fetzer's Statement in Support of an Order Awarding to Plaintiff Attorney Fees and Costs filed July 31, 2003, which statement is uncontested; upon consideration of Plaintiff Scott Fetzer's Motion for Summary Judgment, Default, and Rule 37 Sanctions, which motion was filed June 6, 2003, which motion is unopposed; upon consideration of Plaintiff Scott Fetzer's Memorandum in Support of Motion for Summary Judgment, Default, and Rule 37 Sanctions, which accompanied plaintiff's motion; upon consideration of the Appendix of Exhibits in Support of Plaintiff's Motion for Summary Judgment, Default, and Rule 37 Sanctions, which accompanied the motion; upon consideration of the Affidavit of Robert G. Shumay and Exhibits A through I in Support of Plaintiff's Motion for Summary Judgment, Default, and Rule 37 Sanctions, which accompanied the motion; upon consideration of the Declaration of Arthur F. Tredinnick and Exhibits A through L in Support of Plaintiff's Motion for Summary Judgment, Default, and Rule 37 Sanctions, which accompanied plaintiff's motion; and after oral argument held June 27, 2003,
IT IS ORDERED that judgment is rendered in favor of plaintiff on Count I of the Complaint.
IT IS FURTHER ORDERED that judgment is rendered in favor of plaintiff on Count II of the Complaint.
IT IS FURTHER ORDERED that judgment is rendered in favor of plaintiff on Count III of the Complaint.
IT IS FURTHER ORDERED that judgment is rendered in favor of plaintiff on Count IV of the Complaint.
IT IS FURTHER ORDERED that judgment is rendered in favor of plaintiff on Count V of the Complaint.
IT IS FURTHER ORDERED that plaintiff is awarded attorney's fees in the amount of $50,000.00.
IT IS FURTHER ORDERED that plaintiff is awarded costs in the amount of $5,280.03.
IT IS FURTHER ORDERED that the Clerk of Court may close the within civil action for statistical purposes.