Vector Capital Corporation v. Ness Technologies, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Vector Capital Corporation v. Ness Technologies, Inc.

Vector Capital Corporation v. Ness Technologies, Inc.

Plaintiff:	Vector Capital Corporation
Defendant:	Ness Technologies, Inc.
Case Number:	1:2011cv06259
Filed:	September 8, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	P. Kevin Castel
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 19, 2012	Filing 21 MEMORANDUM AND ORDER granting 14 Motion to Dismiss. For the foregoing reasons, defendant's motion to dismiss (ECF No. 14) is GRANTED. Defendant submitted a pre-motion letter outlining the basis of its proposed motion to dismiss. (Fleming Ltr., Oct. 11,2011.) Thereafter, at a pretrial conference, plaintiff was given the opportunity to amend its complaint. In an Order following that conference, this Court noted, "Plaintiff has been offered the opportunity to amend but has declined. Thi s will be taken into account in any further request to replead." (Order, Nov. 8, 2011, ECF No. 10.) When presented with the actual motion to dismiss, plaintiff still did not request leave to amend its complaint. The Clerk of the Court is directed to enter judgment for the defendants. (Signed by Judge P. Kevin Castel on 3/16/2012) (jfe)

Date Filed

Document Text

March 19, 2012

Filing 21 MEMORANDUM AND ORDER granting 14 Motion to Dismiss. For the foregoing reasons, defendant's motion to dismiss (ECF No. 14) is GRANTED. Defendant submitted a pre-motion letter outlining the basis of its proposed motion to dismiss. (Fleming Ltr., Oct. 11,2011.) Thereafter, at a pretrial conference, plaintiff was given the opportunity to amend its complaint. In an Order following that conference, this Court noted, "Plaintiff has been offered the opportunity to amend but has declined. Thi s will be taken into account in any further request to replead." (Order, Nov. 8, 2011, ECF No. 10.) When presented with the actual motion to dismiss, plaintiff still did not request leave to amend its complaint. The Clerk of the Court is directed to enter judgment for the defendants. (Signed by Judge P. Kevin Castel on 3/16/2012) (jfe)

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Plaintiff: Vector Capital Corporation
Represented By:	Joshua Andrix
Represented By:	Robert Norman Knuts
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Defendant: Ness Technologies, Inc.
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