IP Co., LLC v. CellNet Technology, Inc. et al

Justia Dockets & Filings Eleventh Circuit Georgia Northern District IP Co., LLC v. CellNet Technology, Inc. et al

IP Co., LLC v. CellNet Technology, Inc. et al

Case Number:	1:2006cv03048
Filed:	December 15, 2006
Court:	US District Court for the Northern District of Georgia
Presiding Judge:	Unassigned
Nature of Suit:	Other

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Date Filed	Document Text
September 28, 2009	Filing 560 ORDER AND OPINION GRANTING as unopposed B&L's Motion for Summary Judgment on Certain of Plaintiffs' Affirmative Defenses 416 and B&L's Motion for Summary Judgment on IP CO.'s Breach of Contract Claim 418 ; GRANTING B&L's M otion for Summary Judgment on Plaintiffs' Right of First Offer Claim 427 , B&L's Motion for Summary Judgment on Supersession of the 2004 Right of First Offer Provision by the 2005 Release Agreement 430 and B&L's Motion for Summary J udgment on SSI's July 31, 2006 Transfer of "Substantially All of its Assets" as a Matter of Law 433 ; DENYING B&L's Motion for Summary Judgment Regarding SIPCO's Material Breaches 423 ; GRANTING Plaintiffs' and Cellnet and Hunt's Joint Motion to Dismiss 529 , Plaintiff SIPCO and B&L's Joint Motion for Extension of Time 549 , and Plaintiffs' Unopposed Motion to Extend Time to Reply to Defendant's Response 553 ; and DENYING as moot Cellnet and Hunt's Motion for Leave to File Under Seal 516 , Cellnet and Hunt's Motion for Leave to File Excess Pages 421 , Cellnet and Hunt's Motion for Summary Judgment on Counts Two, Three, Four, Five, and Seven 422 , Cellnet and Hunt' s Motions for Summary Judgment on Counts Five and Six 425 and 426 , and Hunt's Motion for Summary Judgment on Counterclaim Three of its Answer and Counterclaims 429 . Given the Court's rulings in this Order, and the plaintiffs' rec ent settlement with defendants Cellnet and Hunt, it is unclear which of the remaining claims and counterclaims the parties intend to pursue. It is also unclear whether plaintiffs still desire a ruling on its recently filed motions to amend the compla int 543 and to compel funding of an escrow account 546 . The Court ORDERS the parties to file a joint statement WITHIN TEN (10) DAYS of this Order setting forth the claims that remain to be decided by a jury. The Court further ORDERS plaintiffs to advise the Court WITHIN TEN (10) DAYS of this Order whether to proceed on the outstanding motions 543 and 546 . Signed by Judge Julie E. Carnes on 09/28/09. (fap)

Date Filed

Document Text

September 28, 2009

Filing 560 ORDER AND OPINION GRANTING as unopposed B&L's Motion for Summary Judgment on Certain of Plaintiffs' Affirmative Defenses 416 and B&L's Motion for Summary Judgment on IP CO.'s Breach of Contract Claim 418 ; GRANTING B&L's M otion for Summary Judgment on Plaintiffs' Right of First Offer Claim 427 , B&L's Motion for Summary Judgment on Supersession of the 2004 Right of First Offer Provision by the 2005 Release Agreement 430 and B&L's Motion for Summary J udgment on SSI's July 31, 2006 Transfer of "Substantially All of its Assets" as a Matter of Law 433 ; DENYING B&L's Motion for Summary Judgment Regarding SIPCO's Material Breaches 423 ; GRANTING Plaintiffs' and Cellnet and Hunt's Joint Motion to Dismiss 529 , Plaintiff SIPCO and B&L's Joint Motion for Extension of Time 549 , and Plaintiffs' Unopposed Motion to Extend Time to Reply to Defendant's Response 553 ; and DENYING as moot Cellnet and Hunt's Motion for Leave to File Under Seal 516 , Cellnet and Hunt's Motion for Leave to File Excess Pages 421 , Cellnet and Hunt's Motion for Summary Judgment on Counts Two, Three, Four, Five, and Seven 422 , Cellnet and Hunt' s Motions for Summary Judgment on Counts Five and Six 425 and 426 , and Hunt's Motion for Summary Judgment on Counterclaim Three of its Answer and Counterclaims 429 . Given the Court's rulings in this Order, and the plaintiffs' rec ent settlement with defendants Cellnet and Hunt, it is unclear which of the remaining claims and counterclaims the parties intend to pursue. It is also unclear whether plaintiffs still desire a ruling on its recently filed motions to amend the compla int 543 and to compel funding of an escrow account 546 . The Court ORDERS the parties to file a joint statement WITHIN TEN (10) DAYS of this Order setting forth the claims that remain to be decided by a jury. The Court further ORDERS plaintiffs to advise the Court WITHIN TEN (10) DAYS of this Order whether to proceed on the outstanding motions 543 and 546 . Signed by Judge Julie E. Carnes on 09/28/09. (fap)

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