Nirvana, Inc. v. Nestle Waters North America Inc.

Justia Dockets & Filings Second Circuit New York Northern District Nirvana, Inc. v. Nestle Waters North America Inc.

Nirvana, Inc. v. Nestle Waters North America Inc.

Plaintiff:	Nirvana, Inc.
Defendant:	Nestle Waters North America Inc.
Case Number:	6:2014cv01181
Filed:	September 26, 2014
Court:	US District Court for the Northern District of New York
Office:	Utica Office
County:	Oneida
Presiding Judge:	Andrew T. Baxter
Presiding Judge:	Mae A. D'Agostino
Nature of Suit:	Antitrust
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 10, 2015	Filing 28 MEMORANDUM-DECISION AND ORDER granting in part and denying in part 23 Motion to Dismiss: The Court hereby ORDERS that Defendant's motion to dismiss pursuant to section 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 23) is GRANTE D with regard to Plaintiff's claims for 1. violation of section 2 (a) of the Robinson-Patman Act, 15 U.S.C. § 13(a), 2. violation of section 2 (c) of the Robinson-Patman Act, 15 U.S.C. § 13(c), 3. violation of section 3 of the Clayton Act, 15 U.S.C. § 14, 4. violation of the New York Donnelly Act, N.Y. General Business Law § 340, and 5. New York common law claim for tortious interference; and the Court further ORDERS that Defendant's motion to dismiss pursuant t o section 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 23) is DENIED with regard to Plaintiff's claims for 1. New York common law claim for unfair competition, and 2. New York common law breach of contract; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/10/15. (ban)

Date Filed

Document Text

August 10, 2015

Filing 28 MEMORANDUM-DECISION AND ORDER granting in part and denying in part 23 Motion to Dismiss: The Court hereby ORDERS that Defendant's motion to dismiss pursuant to section 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 23) is GRANTE D with regard to Plaintiff's claims for 1. violation of section 2 (a) of the Robinson-Patman Act, 15 U.S.C. § 13(a), 2. violation of section 2 (c) of the Robinson-Patman Act, 15 U.S.C. § 13(c), 3. violation of section 3 of the Clayton Act, 15 U.S.C. § 14, 4. violation of the New York Donnelly Act, N.Y. General Business Law § 340, and 5. New York common law claim for tortious interference; and the Court further ORDERS that Defendant's motion to dismiss pursuant t o section 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 23) is DENIED with regard to Plaintiff's claims for 1. New York common law claim for unfair competition, and 2. New York common law breach of contract; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/10/15. (ban)

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Plaintiff: Nirvana, Inc.
Represented By:	Richard Pertz
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Defendant: Nestle Waters North America Inc.
Represented By:	Karen G. Felter
Represented By:	Adam L. Hudes
Represented By:	Stephen M. Medlock
Represented By:	Carmine R. Zarlenga, III
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