united states district court - Eastern District of Pennsylvania

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : QVC, INC., : Plaintiff and : Counterclaim Defendant, : : CIVIL ACTION v. : NO. 03-5298 : STARAD, INC. and CHRISTOPHER : RADKO, : Defendants and : Counterclaim Plaintiffs : ____________________________________: ORDER AND NOW, this 31st day of March, 2005, upon consideration of Starad’s Motion for Partial Summary Judgment on its declaratory judgment claims and on QVC’s claim seeking a permanent injunction enforcing a restrictive non-compete covenant [Doc. # 26]; QVC’s Motion for Partial Summary Judgment on Starad’s Fraud Claim [Doc. # 38]; Starad’s Motion for Partial Summary Judgment on QVC’s Fraud Claim [Doc. ## 44, 47]; the parties’ respective responses, replies, and sur-replies thereto; and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED as follows: 1. Starad’s Motion for Partial Summary Judgment on its declaratory judgment claims and on QVC’s claim seeking a permanent injunction enforcing a restrictive non-compete covenant is DENIED. 2. QVC’s Motion for Partial Summary Judgment on Starad’s Fraud Claim is GRANTED and JUDGMENT IS ENTERED in favor of QVC against Starad on Starad’s sixth -30-
cause of action for fraud. 3. Starad’s Motion for Partial Summary Judgment on QVC’s Fraud Claim is GRANTED and JUDGMENT IS ENTERED in favor of Starad against QVC on QVC’s sixth counterclaim for fraud. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _______________________________ CYNTHIA M. RUFE, J. -31
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: voice and performance” to promote
Page 5 and 6: Starad alleges that ornaments under
Page 7 and 8: The Court must first determine whet
Page 9 and 10: design. 13 Even assuming that the p
Page 11 and 12: usiness and marketing reasons. Sinc
Page 13 and 14: is to restrain trade or control pri
Page 15 and 16: years via purchase orders that cont
Page 17 and 18: arguing that it is a claim of fraud
Page 19 and 20: 41 1726 Cherry St., 653 A.2d at 664
Page 21 and 22: Starad attempts to avoid the parol
Page 23 and 24: unrepresented by counsel during neg
Page 25 and 26: disclaim any oral modification. 60
Page 27 and 28: ight to return the ornaments to Sta
Page 29: duplicates QVC’s contract claim.

united states district court - Eastern District of Pennsylvania

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