Avazpour Networking Services, Inc. et al v. Falconstor Software, Inc.
| Jim Avazpour, Kristy Avazpour and Avazpour Networking Services, Inc. |
| Falconstor Software, Inc. |
| 2:2012cv03574 |
| July 18, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| A. Kathleen Tomlinson |
| Leonard D. Wexler |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| Plaintiff |
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Filing
46
AMENDED MEMORANDUM AND ORDER; For the reasons set forth herein, the court grants Defendant's motion to the extent that it orders dismissal of all claims based in tort. The Court therefore dismisses the claims for grossnegligence and negligent mi srepresentation. The court construes the claim alleging grossly negligent breach of contract as a claim asserting breach of contract. The court dismisses the claim alleging breach of the implied covenant of good faith and fair dealing as redundant in light of the claim for breach of contract. The Clerk of the Court is directed to terminate the motionappearing as docket entry number 21 in this matter and the parties are directed to continue with discovery with respect to the breach of contract claim that remains. (Ordered by Judge Leonard D. Wexler on 4/3/2013.) (Fagan, Linda)
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Filing
38
MEMORANDUM AND ORDER re: 21 Motion to Dismiss for Failure to State a Claim. For the reasons set forth herein, the court grants Defendant's motion to the extent that it orders dismissal of all claims based in tort. The Court therefore dismiss es the claims for gross negligence and negligent misrepresentation. The court construes the claim alleging grossly negligent breach of contract as a claim asserting breach of contract. The court dismisses the claim alleging breach of the implied cove nant of good faith and fair dealing as redundant in light of the claim for breach of contract. The Clerk of the Court is directed to terminate the motion appearing as docket entry number 21 in this matter and the parties are directed to continue with discovery with respect to the breach of contract claim that remains. (Ordered by Judge Leonard D. Wexler on 3/11/2013.) (Fagan, Linda)
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