Laross Partners, LLC v. Contact 911, Inc. et al
| Laross Partners, LLC |
| Contact 911, Inc., FAMILYCONTACT911.COM, LLC and Family Contact 911, Inc. |
| 2:2011cv01980 |
| April 21, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Arthur D. Spatt |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Plaintiff |
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Filing
70
DECISION AND ORDER granting in part and denying in part 56 Motion for Summary Judgment; denying 63 Motion for Summary Judgment; Based on the foregoing reasons, the Defendants motion for summary judgment is granted in part and denied in part. I n particular, Defendants motion is granted as to dismiss any claim of breach of the covenant of good faith and fair dealing and affirmative claim of equitable estoppel. Further, relevant here, the Court finds LaRoss cannot rely on its theory of Sect ion 8(c) of the Agreement, namely, that it would be entitled to the split in revenues in perpetuity even if Contact properly terminated the contract on account of a material breach or non-performance by LaRoss, so long as LEC was billing the program and net revenues were realized. The remaining theories of breach of contract raised by LaRoss, as described in this decision, may proceed to trial. That part of the Defendants motion for summary judgment on their counterclaim for breach of contract is denied. Concurrently, LaRosss cross-motion for summary judgment is denied, both as to its claim for breach of contract and as to the Defendants counterclaim for breach of contract. As noted above, jury selection is scheduled for June 22, 2015. Hav ing narrowed some of the issues for trial, the Court sets this matter down for a settlement conference regarding the parties respective claims for relief to be held on Thursday May 28, 2015 at 9:30 A.M.. So Ordered by Judge Arthur D. Spatt on 5/21/2015. (Coleman, Laurie)
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Filing
42
ORDER denying 38 : see attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/14/2014. c/ecf (Johnston, Linda)
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Filing
21
MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the Defendants motion to dismiss for lack of personal jurisdiction is denied; and it is further ORDERED, that the Defendants motion to dismiss the fraud, conversion, unjust enrichment, and accounting claims is granted with prejudice, and it is further ORDERED, that the Defendants motion to dismiss the claim for attorneys fees is denied. Ordered by Judge Arthur D. Spatt on 7/10/2012. (Coleman, Laurie)
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