Point 4 Data Corporation et al v. Tri-State Surgical Supply And Equipment, LTD. et al
| Dynamic Concepts, Inc. and Point 4 Data Corporation |
| Shmuel Judkovitz, SJ Computers, Inc. and Tri-State Surgical Supply And Equipment, LTD. |
| Point 4 Data Corporation |
| Tri-State Surgical Supply And Equipment, LTD. |
| 1:2011cv00726 |
| February 14, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J. Dearie |
| Roanne L. Mann |
| Copyright |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
323
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons stated above, the Court adopts Magistrate Judge Mann's R&R as modified by the noted exceptions. Specifically, the Court: (1) grants, in substantial part, TriState's m otion to preclude the Chadwick and Burden Declarations; (2) grants summary judgment in favor of Tri-State dismissing plaintiffs' DMCA and Lanham Act claims, as well as their state law claims for unjust enrichment and unfair competition, and corr espondingly denies plaintiffs' cross-motion for summary judgment with respect to their DMCA claim; (3) denies Tri-State's motion for summary judgment with respect to plaintiffs' breach of contract claims, and correspondingly denies pla intiffs' cross-motion for summary judgment as to liability on those claims; (4) denies Tri-State's motion for summary judgment with respect to its affirmative defenses of laches, unclean hands and failure to mitigate, and grant plaintiffs&# 039; cross-motion for summary judgment striking these defenses; and (5) grants plaintiffs' cross-motion for summary judgment dismissing Tr-State's counterclaims for breach of contract, breach of the implied covenant of good faith and fair d ealing, fraudulent inducement, indemnification and contribution. The Court, however, reserves decision on Tr-State's motion for summary judgment on damages with respect to the Genesys Source Code Fee and Unrestricted User Fees in connection with plaintiffs' breach of contract claims. The parties are to file submissions that set forth their arguments as to whether these categories of damages are recoverable as contract damages in this case by October 18, 2013. Any reply is to be filed by November 1, 2013. Ordered by Chief Judge Carol Bagley Amon on 9/30/13. (Fernandez, Erica)
|
|
Filing
314
MEMORANDUM AND OPINION, REPORT AND RECOMMENDATION re 262 MOTION for Summary Judgment 288 MOTION for Summary Judgment. For the reasons in the attached opinion, this Court grants, in substantial part, Tri-State's motion to preclude the Burde n and Chadwick SJ Declarations. In addition, the Court respectfully recommends that the District Court grant in part and deny in part the parties' cross-motions for summary judgment as detailed therein, such that the only claims remaining in the case would be plaintiffs' respective breach of contract claims against Tri-State. Ordered by Magistrate Judge Roanne L. Mann on 8/2/2013.(Williams, Jennifer)
|
|
Filing
242
MEMORANDUM AND ORDER granting in part and denying in part 234 Motion for Discovery. For the reasons set forth in the attached Memorandum & Order, the Court declines, in large part, to grant the discovery requested by plaintiffs in the August 8, 2012 joint status report, as supplemented by their August 15, 2012 letter 240 . Ordered by Magistrate Judge Roanne L. Mann on 8/27/2012. (Williams, Jennifer)
|
|
Filing
239
ORDER re 159 MOTION to Amend/Correct/Supplement Amend Complaint filed by Dynamic Concepts, Inc., Point 4 Data Corporation, 201 Order on Motion to Amend/Correct/Supplement. For the stated reasons, the Court affirms the magistrate judges order and denies the plaintiffs motion to amend the complaint. Ordered by Chief Judge Carol Bagley Amon on 8/13/2012. (Shnider, Ruth)
|
|
Filing
201
MEMORANDUM & ORDER denying 159 Motion to Amend/Correct/Supplement. For the reasons stated in the attached Memorandum & Order, the Court denies plaintiffs' belated motion to amend their complaint and add new parties. Ordered by Magistrate Judge Roanne L. Mann on 6/27/2012. (Williams, Jennifer)
|
|
Filing
109
MEMORANDUM AND ORDER, SCHEDULING ORDER: re 104 Letter filed by Tri-State Surgical Supply And Equipment, LTD., 105 MOTION for Extension of Time to Complete Expert Disclosure filed by Dynamic Concepts, Inc., Point 4 Data Corporation, [10 3] Letter filed by Tri-State Surgical Supply And Equipment, LTD., 100 Letter filed by Dynamic Concepts, Inc., Point 4 Data Corporation. Currently pending before this Court is a letter from plaintiffs Point 4 Data Corporation and Dynamic Co ncepts, Inc. concerning two discovery disputes between the parties. The Court will hear oral argument on this application at 10:00 a.m. on December 9, 2011, in Courtroom 13C-S.. Ordered by Magistrate Judge Roanne L. Mann on 12/7/2011. (Maynard, Pat)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
