Dollar Tree Stores Inc. v. Toyama Partners LLC

ORDER RE: SUMMARY JUDGMENT MOTIONS

SUSAN ILLSTON, District Judge.

On February 17, 2012, the Court held a hearing on the parties’ cross-motions for summary judgment. After the hearing, the Court directed further briefing on the issue of what remedies are available to Dollar Tree if the Court finds the liquidated damages provision unenforceable. The parties have submitted this supplemental briefing. This order resolves the pending summary judgment motions.

BACKGROUND1

I. The Original Lease

From approximately August 25, 2003, through September 15, 2008, plaintiff Dollar Tree Stores, Inc. (“Dollar…