Miller v. Loibl et al
| Gary Miller |
| Bern Loibl, Sherry Stafford-Loible and Internaturally, Inc. |
| 1:2011cv02182 |
| March 30, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Thomas P. Griesa |
| Selective Service |
| 17 U.S.C. ยง 101 |
| None |
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Filing
106
OPINION re: 97 FIRST MOTION for Reconsideration re; 96 Memorandum & Opinion, Terminate Motions. filed by Gary Miller. Plaintiff correctly points out that the court, in so ruling, cited an inapposite rule of civil procedure, Fed. R. Civ. P. 37(c)( 1). The rule actually implicated here is a different section of rule 37, rule 37 (b) (2) (a), as well as rule 16(f), for violation of the discovery deadline agreed to by the parties and approved by the court on November 22, 2011. This has no effect, however, on the substance of the court's previous ruling. Therefore, the motion for reconsideration is denied. (Signed by Judge Thomas P. Griesa on 5/23/2013) (ama)
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Filing
96
OPINION: Defendants motion to strike is granted with respect to the late submission of the allegedly-infringed films. For the reasons detailed below, this conclusion moots defendants motion for summary judgment and, in turn, the remainder of their mo tion to strike. These motions are, therefore, denied. Miller may either 1) submit the allegedly-infringed DVDs and reimburse defendants for the costs of preparing their motion to strike and their now-moot motion for summary judgment or 2) adhere to t he course he had set during discovery, to proceed in this action with the DVDs excluded from the record, and reimburse defendants only for the costs of preparing their motion to strike. Millers motion for summary judgment on defendants counterclaims is granted, and the counterclaims dismissed. Miller's motion for summary jud~;ment on liability is denied. Miller's motion for leave to amend his pleadings is granted. Defendants' motion to amend their pleadings is denied. SO ORDERED., Motions terminated: 75 FIRST MOTION to Strike Document No. [69, 74] and Preclude. filed by Bern Loibl, Internaturally, Inc., Sherry Stafford-Loible, 54 MOTION for Summary Judgment and/or To Dismiss. filed by Bern Loibl, Internatura lly, Inc., Sherry Stafford-Loible, 48 SECOND MOTION for Partial Summary Judgment. filed by Gary Miller, 37 FIRST MOTION to Amend/Correct 13 Amended Complaint. filed by Gary Miller, 41 FIRST MOTION to Amend/Correct Defendant(s) Answer Affir mative Defenses and Counterclaims.FIRST MOTION to Amend/Correct Defendant(s) Answer Affirmative Defenses and Counterclaims. filed by Bern Loibl, Internaturally, Inc., Sherry Stafford-Loible, 22 FIRST MOTION for Partial Summary Judgment dismissing counterclaims. filed by Gary Miller. (Signed by Judge Thomas P. Griesa on 3/13/2013) (ama)
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Filing
93
OPINION: Furthermore, refusal to permit the untimely motion would prevent the continuation of what may be an otherwise-meritorious action. See Staggersv. Otto Gerdau Co., 359 F.2d 292, 296 (2d Cir. 1966).The motion is granted. Plaintiff's deadline to move under Rule 25(a) is extended until March 8, 2013. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/22/2013) (ama)
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