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SYSCO FOOD SERVICES OF EASTERN WISCONSIN v. ZICCARELLI

No. 06-C-526.

445 F.Supp.2d 1039 (2006)

SYSCO FOOD SERVICES OF EASTERN WISCONSIN, LLC, Plaintiff, v. Emilio ZICCARELLI and Anthony Debartolo, Defendants.

United States District Court, E.D. Wisconsin.

August 28, 2006.

Attorney(s) appearing for the Case

David M Lucey, Foley & Lardner LLP, Michael J Koehler, Foley & Lardner LLP, Milwaukee, for Plaintiff.

Jessica M Perez, Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP, Peter B Jurgeleit, Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP, Chicago, IL, Ronald S Stadler, Stadler Centofanti & Phillips SC, Mequon, W Scott Porterfield, Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP, Chicago, IL, for Defendants.

DECISION AND ORDER

CALLAHAN, United States Magistrate Judge.

I. BACKGROUND

This action was commenced on April 27, 2006, when the plaintiff, SYSCO Food Services of Eastern Wisconsin, LLC ("SYSCO"), filed a complaint naming Emilio Ziccarelli ("Ziccarelli") and Anthony DeBartolo ("DeBartolo") as defendants. SYSCO asserts four claims against the defendants: (1) breach of contract, (2) breach of the obligation of good faith and fair dealing, (3) conspiracy...

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