VOLUMETRICS MEDICAL IMAGING, INC. v. ATL ULTRASOUND, INC. (M.D.N.C. 2003)

JAMES BEATY, United States District Judge

For the previously stated reasons, Defendant's Motion to Strike portions of declarations filed by Plaintiff accompanying its memorandum in opposition to Defendant's Motion for Summary Judgment [Document #57] is DENIED in full. Defendant's Motion to Strike Plaintiff's Statement of Specific Facts [Document #58] is GRANTED in full and the entire document is hereby STRICKEN from the record. Furthermore, for the previously stated reasons, Defendant's Motion for Summary Judgment [Document #47] is GRANTED IN PART such that Plaintiff's claims for breach of fiduciary duty, breach of contract, breach of joint venture agreement, constructive fraud, and unjust enrichment are hereby DISMISSED. Defendant's Motion for Summary Judgment [Document #47] is DENIED IN PART such that Plaintiff's claims for actual fraud, negligent misrepresentation, and unfair and deceptive trade practices and/or unfair competition remain and may proceed to trial by jury.