Speedway Promoters, Inc. v. Hooter's of America, Inc.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants’ motion for summary judgment, opposed by the Plaintiff. For the reasons stated herein, the Defendants’ motion is denied in part, granted in part, and the ruling on Plaintiffs claim for punitive damages is deferred until trial.

I. STANDARD OF REVIEW

Summary judgment is appropriate if there is no genuine issue of material fact and judgment for the moving party is warranted as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue exists if a reasonable jury considering the evidence could return a verdict…