Calico Cottage, Inc. v. TNB, Inc

Calico Cottage, Inc. v. TNB, Inc

Plaintiff:	Calico Cottage, Inc.
Defendant:	TNB, Inc
Case Number:	1:2011cv00336
Filed:	January 21, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Marilyn D. Go
Presiding Judge:	Dora Lizette Irizarry
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
September 29, 2014	Filing 106 ORDER denying Defendant's 81 Motion for Partial Summary Judgment and Granting, in part, Plaintiff's motion for summary judgment --- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Plaintiff's motion for summary judgment is granted to the extent that the Court finds there is consideration in support of the Agreement. Plaintiff's motion is denied in all other respects. Defendant's third, fourth, and fifth counterclaims with regard to the implied co venant of good faith and fair dealing are dismissed. Defendant's motion for summary judgment is denied in all other respects. As for other defenses put forward by the parties regarding attorney's fees, failure to mitigate, and the doctrin es of waiver, ratification, estoppel and/or laches, the Court concludes that those issues are sufficiently intertwined with the unresolved issues as not to be determinable at this stage. This case shall proceed to trial on the remaining issues. The matter is referred to the magistrate judge for further pretrial proceedings, including settlement discussions in light of the Court's opinion and order. SO ORDERED by Judge Dora Lizette Irizarry on 9/29/2014. (Irizarry, Dora)

Date Filed

Document Text

September 29, 2014

Filing 106 ORDER denying Defendant's 81 Motion for Partial Summary Judgment and Granting, in part, Plaintiff's motion for summary judgment --- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Plaintiff's motion for summary judgment is granted to the extent that the Court finds there is consideration in support of the Agreement. Plaintiff's motion is denied in all other respects. Defendant's third, fourth, and fifth counterclaims with regard to the implied co venant of good faith and fair dealing are dismissed. Defendant's motion for summary judgment is denied in all other respects. As for other defenses put forward by the parties regarding attorney's fees, failure to mitigate, and the doctrin es of waiver, ratification, estoppel and/or laches, the Court concludes that those issues are sufficiently intertwined with the unresolved issues as not to be determinable at this stage. This case shall proceed to trial on the remaining issues. The matter is referred to the magistrate judge for further pretrial proceedings, including settlement discussions in light of the Court's opinion and order. SO ORDERED by Judge Dora Lizette Irizarry on 9/29/2014. (Irizarry, Dora)

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Plaintiff: Calico Cottage, Inc.
Represented By:	Catriona M. Collins
Represented By:	Lloyd McAulay
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Defendant: TNB, Inc
Represented By:	Thomas J. McGowan
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