JAN DuBOIS, District Judge
AND NOW, this 1st of December, 2010, upon consideration of Plaintiff Lynchburg Steel, Inc.'s Motion for Partial Summary Judgment on All Elements of Count I Only, Save for the Quantum of Damages (Document No. 28, filed 9/3/10); Plaintiff Lynchburg Steel, Inc.'s Suggestions in Support of Its Motion for Partial Summary Judgment (Document No. 29, filed 9/3/10); Defendant O'Neill Properties Group, L.P.'s Response in Opposition to Lynchburg Steel, Inc.'s Motion for Partial Summary Judgment (Document No. 32, filed 9/30/10); and Plaintiff Lynchburg Steel, Inc.'s Reply to O'Neill Properties Group, L.P.'s Response in Opposition to Plaintiff's Motion for Partial Summary Judgment (Document No. 33, filed 10/18/10), for the reasons set forth in the Memorandum dated December 1, 2010, IT IS ORDERED that Plaintiff Lynchburg Steel, Inc.'s Motion for Partial Summary Judgment on All Elements of Count I Only, Save for the Quantum of Damages, is DENIED.