PNC Bank National Association v. Wolters Kluwer Financial Services, Inc. et al
| PNC Bank National Association |
| John Does 1-10, Doe Business Entities 1-20, Jane Does 1-10 and Wolters Kluwer Financial Services, Inc. |
| 1:2012cv08570 |
| November 26, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
118
OPINION & ORDER re: 115 MOTION for Leave to File / Submit Exemplar Discovery filed by Wolters Kluwer Financial Services, Inc. For the reasons set out above, the Court dismisses PNC's claims for breach of the implied covenant of good faith and fair dealing, gross negligence, unjust enrichment, and indemnity, and dismisses all damages claims in the present Complaint on the grounds that they are consequential damages, unavailable under the MLSA and SDX Schedule. The Court, however, grants PNC's motion to amend its Complaint, so as to add a claim for general damages, to wit, the money it paid WKFS under the MLSA and SDX Schedule. Any such amended complaint is to be filed by Friday, December 19, 2014. The Court also grants WKFS's motion for leave to pursue additional discovery prompted by the Amended Complaint, and directs that such discovery proceed under the fee-shifting terms set out above. All additional fact discovery is to be completed by Tuesday, Ja nuary 27, 2015.The Court directs that, by Tuesday, February 3, 2015, any party intending to move for summary judgment submit a three-page, single-spaced letter previewing this motion; and that by Tuesday, February 10, 2015, any letter (subject to the same limit on length) responding to such a motion be submitted. A conference in this case will be held on Friday, February 20, 2015, at 4 p.m., to discuss and set a prompt schedule for the filing of any additional summary judgment motions, and/or fo r trial. SO ORDERED., ( Amended Pleadings due by 12/19/2014., Fact Discovery due by 1/27/2015., Responses due by 2/10/2015, Oral Argument set for 2/20/2015 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/15/2014) (ama)
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