August 28, 2013
HAROLD SELZER, et al., Plaintiffs,
DUNKIN' DONUTS, INC., et al., Defendants.
GENE E.K. PRATTER, District Judge.
AND NOW, this 26th day of August, 2013, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (Docket Nos. 75, 76), Defendants' Opposition (Docket Nos. 82, 83), Plaintiffs' Reply (Docket Nos. 96, 97) Defendants' Motion for Summary Judgment (Docket No. 99), Plaintiffs' Opposition (Docket Nos. 102, 103), Defendants' Reply (Docket No. 105), and the parties' supplemental briefs (Docket Nos. 107, 109), and following oral argument on December 7, 2012, it is hereby ORDERED that:
1. Plaintiffs' Motion (Docket Nos. 75, 76) is DENIED.
2. Defendants' Motion (Docket No. 99) is DENIED in part and GRANTED in part. Specifically, Defendants' Motion is granted as to Counts II, IV, VII, IX, X, and XI of Plaintiffs' Amended Complaint; consequently, those counts are DISMISSED. Defendants' Motion is denied as to Counts I, III, and, VIII of Plaintiffs' Amended Complaint.
3. A status conference will be held in this matter on October 11, 2013 at 10:00 a.m. in Chambers, Room 10613.