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The Knit With v. Knitting Fever

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 27, 2012

THE KNIT WITH, PLAINTIFF,
v.
KNITTING FEVER, INC., DESIGNER YARNS, LTD., FILATURA PETTINATA V.V.G. DI STEFANO VACCARI & C., SION ELALOUF, DIANE ELOUF, JEFFREY J. DENECKE, JR., JAY OPPERMAN, AND DEBBIE BLISS, DEFENDANTS. THE KNIT WITH, PLAINTIFF,
v.
EISAKU NORO & CO., LTD., KNITTING FEVER, INC., SION ELALOUF, DIANE ELALOUF, AND JAY OPPERMAN, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 27thday of June, 2012, upon consideration of (1) the Motion by Defendants Knitting Fever, Inc. ("KFI"), Sion Elalouf, Diane Elalouf, Jeffrey J. Denecke, Jr., and Jay Opperman (collectively, the "KFI Defendants") to Strike Exhibit 3 of Plaintiff's Motion for Summary Judgment on the Factual Question of the 2005 Delivery of Cashmerinos (Docket No. 362) and Plaintiff The Knit With's ("TKW") Response (Docket No. 377); (2) Plaintiff's Motion to Strike Exhibit B to Defendants' Motion for Summary Judgment for Breach of Warranty 96 Filed 06/27/12 Page 2 of 2 (Docket No. 352), and the KFI Defendants' Response (Docket No. 373); (3) the KFI Defendants' Motion for Summary Judgment on Counts I and II of Plaintiff's Complaint (Docket No. 327), Plaintiff's Response (Docket No. 353), and the KFI Defendants' Reply Brief (Docket No. 382); and (4) Plaintiff's Motion for Summary Judgment on the Undisputed Factual Question of the 2005 Delivery of Cashmerinos (Docket No. 350), the KFI Defendants' Response (Docket No. 364), Plaintiff's Reply Brief (Docket No. 380), and the KFI Defendants' Sur-reply (Docket No. 398),*fn1 it is hereby ORDERED as follows:

1. The KFI Defendants' Motion to Strike Exhibit 3 of Plaintiff's Motion for Summary Judgment on the Factual Question of the 2005 Delivery of Cashmerinos (Docket No. 362) is GRANTED IN PART and paragraph 4 of that Exhibit is STRICKEN;

2. Plaintiff's Motion to Strike Exhibit B to Defendants' Motion for Summary Judgment for Breach of Warranty (Docket No. 352) is DENIED;

3. The KFI Defendants' Motion for Summary Judgment on Counts I and II of Plaintiff's Complaint (Docket No. 327) is GRANTED;

4. Plaintiff's Motion for Summary Judgment on the Undisputed Factual Question of the 2005 Delivery of Cashmerinos (Docket No. 350) is DENIED; and

5. JUDGMENT IS ENTERED in favor of the KFI Defendants and against Plaintiff on Counts I and II of the Complaint.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter


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