Bruce Kirby, Inc. et al v. LaserPerformance (Europe) Limited et al
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|Date Filed||#||Document Text|
|June 21, 2017
RULING ON MOTIONS TO AMEND AND FOR CLARIFICATION. For the reasons explained in the attached ruling, the Court enters the following orders. Counterclaim defendant GSL's motion for leave to amend its answer to add counterclaims (Doc. # 298 ) is DE NIED. Plaintiffs' motion for clarification (Doc. # 299 ) is GRANTED, and therefore I will consider anew those arguments advanced by defendants in their summary judgment briefing as to Counts I through IV. In light of the passage of time, the par ties shall submit by July 12, 2017, any supplemental authorities or any supplemental memoranda not to exceed 10 double-spaced pages with respect to the arguments previously made for and against the dismissal of Counts I through IV of the amended comp laint. All other scheduling orders and obligations with respect to the filing of a Joint Trial Memorandum and trial are stayed, in contemplation of a renewed trial scheduling order following the Court's issuance of a ruling with respect to defendants' summary judgment motion as to Counts I through IV. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/21/2017. (Levenson, C.)
|August 12, 2016
ORDER RE MOTIONS FOR SUMMARY JUDGMENT: For the reasons in the attached ruling, the motion for summary judgment by LPE and QMI (Doc. # 186 ) and the motion for summary judgment by ILCA (Doc. # 183 ) are GRANTED in light of my conclusion that plaintiff s Bruce Kirby and Bruce Kirby, Inc., have no standing to maintain their claims. The motion to dismiss by ILCA (Doc. # 174 ) is DENIED as moot in light of the granting of its motion for summary judgment. The motion for summary judgment by counterclaim defendants Bruce Kirby and Bruce Kirby, Inc. (Doc. # 180 ) as to several of the counterclaims asserted by counterclaim plaintiffs LPE and QMI is GRANTED in part (as to Counterclaims III and IV) and DENIED in part (as to Counterclaims V through IX). The motion for summary judgment by counterclaim defendant GSL (Doc. # 184 ) against LPE and QMI is GRANTED in part (as to the claim of overpaid royalties for the Laser Radial and Laser 4.7) and DENIED in part (as to the claim of overpaid royalties for packaging). It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/12/16. (Gorsuch, A)
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