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PROCESS AMERICA, INC. v. CYNERGY HOLDINGS, LLC

No. 12 Civ. 772(BMC).

35 F.Supp.3d 259 (2014)

PROCESS AMERICA, INC., Plaintiff, v. CYNERGY HOLDINGS, LLC, et al., Defendants.

United States District Court, E.D. New York.

Filed July 31, 2014.

Attorney(s) appearing for the Case

Mitchell C. Shapiro , Diana St. Louis , Elie B. Gold , Peter Alfred Basso , Shapiro Tamir Law Group PLLC, New York, NY, for Plaintiff.

Michael Constantine Marsh , Jennifer Cohen Glasser , Stacy J. Rodriguez , Akerman Senterfitt , Miami, FL, Scott Michael Kessler , Kathlyn Moran Schwartz , Susan F. Balaschak , Akerman Senterfitt LLP, New York, NY, for Defendants.

DECISION AND ORDER

This case is before the Court on Cynergy's motion in limine — initially styled as one for summary judgment — to limit Process America's damages pursuant to § 4.6 of the ISO Agreement. That section provides as follows:

4.6 Damages In no event will any...

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