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What is disrespectful to the courts of both states is for the Rock-Tenn Defendants to have disregarded a clear forum selection provision that they previously accepted. Rocktenn Cp Llc at 3950 SHACKLEFORD RD. There is no such reference in the work order.
Because it is not possible to grant summary judgment based on the documents alone as to the work order titled "WORK ORDER NO. 5.
Instead, the Rock-Tenn corporate family used as its counterparty RKT SS, a Georgia limited liability company with its principal place of business in Norcross, Georgia. Each includes the Engineering Agreement Incorporation Provision.BE&K has moved for narrower declarations that the Engineering Agreement governs specific work orders that BE&K has identified. 3 UPGRADE OCC PLANT, OCC PULPER REPLACE" identifies the relevant site as "Hodge, LA. 3 UPGRADE OCC PLANT, OCC PULPER REPLACE." 24, establishes that they are governed by the Engineering Agreement. 7 establishes that it is governed by the Engineering Agreement.
In February 2009, Fraley was hospitalized with a severe back condition. Because it is not possible to grant summary judgment as to the work order titled "ADD RENTAL FOR A STORAGE TENT," it is not possible to grant summary judgment as to the underlying work order titled "KBR WORK ORDER NO. For example, on page 2 of their brief, the Rock-Tenn Defendants argued that if the court rejects the $5 million limitation argument, thenRKT CP hired BE&K to provide the engineering work and site services for the Strategic Project.
11 and Work Order No. 12.
The KBR corporate family used Kellogg as its counterparty.BE&K Work Order No. According to the EEOC’s complaint, Darren Fraley was hired by Smurfit-Stone as a third shift production supervisor on August 25, 2008. 2 - OCC UPGRADE PER HDG-0410-11-00002," it is not possible to grant summary judgment as to the underlying work orders titled "BE AND K ENGINEERING - PULPER ENGINEERING - $371k - 3000 HOURS," Work Order No. 24 and defines the Scope of Services, describes the Deliverables, the Schedule, the Estimated Cost, and the Estimated Workhours, and provides the Project Contact.
Summary judgment in favor of BE&K is granted as to these work orders.These work orders do not carry any of the hallmarks of purchase orders governed by the Construction Agreement. The Court grants summary judgment to RockTenn on any claim that the One-Piece Bin or Sioux City Bin infringes the 833 patent. It also does not resemble the package of Transaction Documents called for under the Construction Agreement.Under Article 7 of the Engineering Agreement, the operative work order includes amendments. Because BE&K appears in this action under its earlier moniker, this decision refers only to BE&K.The plain language of the work order titled "BE&K W/O 8 - PM4 DRYER ADDITION" establishes that it is governed by the Engineering Agreement. Ex. RKT CP contemplated that the Strategic Project would proceed in phases, starting with design and engineering work and proceeding later to construction.Under Article 7 of the Engineering Agreement, the operative work order includes amendments. 2 - OCC UPGRADE PER HDG-0410-11-00002," the plain language of the work orders titled "BE AND K ENGINEERING - PULPER ENGINEERING - $371k - 3000 HOURS," Work Order No. RKT CP decided to hire non-party SW&B Construction Company, LLC ("SW&B"). Section 1.2 states generally that BE&K will provide services to RKT CP "for individual projects relating to [RKT CP's] facilitates." Its plain language would establish that it is governed by the Engineering Agreement, but for the fact that the work order is missing information for one of its amendments, a work order titled "ADD RENTAL FOR A STORAGE TENT."
The principal address is 222 N La Salle St, Chicago, IL 60601. Here too it is plain that this amendment is another amendment to the underlying work order and that all of the work orders relate to the Hodge Mill.
BE&K has not provided any other documents to support this item.Against this interpretation of the Engineering Agreement as a whole, the Rock-Tenn Defendants rely on one instance of capitalization. DULUTH GA 30096 US. 11, and Work Order No.
Summary judgment in favor of BE&K is granted as to these work orders.After hearing argument, the court issued a preliminary anti-suit injunction barring RKT CP from litigating Counts I-VI and VIII of its complaint in Georgia Action to the extent those counts arose out of or related to the Engineering Agreement.
In this affidavit, Stigers stated flatly, "The [Engineering Agreement] was used for BE&K to perform design and engineering work on the Strategic Project." BE&K seeks to recover $3,765,108.45 that RKT CP allegedly still owes BE&K for services performed under the Engineering Agreement.Other sections define elements of the Transaction Documents in greater detail. The preliminary injunction entered in this case is converted to a permanent injunction to the extent set forth herein.