Lindner v. Meadow Gold Dairies, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING THIRD-PARTY DEFENDANT’S COUNTERMOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT III (LIQUIDATED DAMAGES)

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

Plaintiff Jeffrey Lindner (“Lindner”) and Third-Party Defendant Southern Food Group, L.P. (“SFG”) have moved for partial summary judgment as to Lindner’s claim for liquidated damages, asserted in Count III of his Complaint. Lindner argues that the plain language of the Lease entitles him to a lump sum liquidated damages cash payment. The court agrees and rejects…