Tropical Sails Corp. v. Yext, Inc.
| Tropical Sails Corp. |
| Yext, Inc. |
| 1:2014cv07582 |
| September 18, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| John F. Keenan |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
90
OPINION & ORDER re: 66 MOTION for Summary Judgment filed by Yext, Inc., 49 MOTION to Certify Class MOTION FOR CLASS CERTIFICATION filed by Tropical Sails Corp. Yext's motion for summary judgment as to Tropical Sails' individual claims for fraud and unjust enrichment is denied because there exist genuine disputes as to material facts regarding Tropical Sails' reliance on Yext's alleged misrepresentation, proximate causation, and damages. T ropical Sails' motion for class certification is denied because individual questions of fact and law regarding reliance and equity and good conscience predominate any common questions. The Court retains jurisdiction over Tropical Sails' individual claims because the denial of class certification does not eliminate jurisdiction under CAFA. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 49 and 66. The parties are directed to file those portions o f previously sealed exhibits 1, 2, 12, and 17 to Tropical Sails' Motion for Class Certification relied on herein and to appear before the Court on Tuesday, April 11, 2017, at 11:00 a.m. in Courtroom 20-c for a status conference. SO ORDERED. (Status Conference set for 4/11/2017 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 3/17/2017) (anc)
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Filing
81
OPINION & ORDER re: 79 MOTION for Reconsideration re; 77 Memorandum & Opinion filed by Yext, Inc.: For the reasons stated above, Yext's motion for partial reconsideration is denied. (Signed by Judge John F. Keenan on 5/10/2016) (tn)
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Filing
77
OPINION AND ORDER. For the reasons in this Opinion and Order, the Court GRANTS in part and DENIES in part Yext's motion to seal. Yext has met its burden for continued sealing of the documents relating to marketing and business development activi ties. It is directed to file those 19 documents under seal. The remaining three documents-(1) Exhibit 4 to Tropical Sails's motion for class certification; (2) Exhibit B to the Declaration of Max Shaw in support of Yext's Opposition to Trop ical Sails's motion for class certification; and (3) Exhibit 5 to Tropical Sail's opposition to Yext's motion for summary judgment-shall be filed on ECF in the same manner as all other public documents. The Court cautions the parties t hat it may revisit this decision following the resolution of the parties' motions because "it is impossible to determine what material the Court will rely upon in its decisions, and it is probable that information relied upon will be subjec t to a heightened presumption of access." Mark, 2015 WL 7288641, at *3. SO ORDERED. re: 75 LETTER MOTION to Seal Document addressed to Judge John F. Keenan from Gavin J. Rooney dated 3/25/16. Document filed by Yext, Inc. (Signed by Judge John F. Keenan on 4/12/2016) (rjm)
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Filing
24
OPINION & ORDER re: 12 MOTION to Dismiss the Class Action Complaint and Jury Demand Pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b) filed by Yext, Inc.: For the foregoing reasons, counts three and four of the complaint-deceptive ac ts or practices and false advertising in violation of New York General Business Law sections 349 and 350- are dismissed. The remaining portions of Defendant's motion to dismiss are denied as set forth above. Counsel are directed to appear in Courtroom 20-C on May 28, 2015 at 11:30 a.m. for a conference to discuss certification of Plaintiff's putative class action. (Signed by Judge John F. Keenan on 5/18/2015) (tn)
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| Plaintiff: Tropical Sails Corp. | |
| Represented By: | Thomas M. Mullaney |
| Represented By: | David Slade |
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| Defendant: Yext, Inc. | |
| Represented By: | Gavin J. Rooney |
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