Member Services, Inc. et al v. Security Mutual Life Insurance Company of New York et al
| 3:2006cv01164 |
| September 29, 2006 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Thomas J. McAvoy |
| David E. Peebles |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
321
DECISION AND ORDER defts' motion to preclude evidence concerning the SEGSOFT software [Dkt. No. 316] is denied; the motion to preclude the testimony of Michael Krieger [Dkt. No. 316] is granted in part; the motion to preclude Pltfs from obtainin g damages bases on royalties from the sale of insurance contracts is denied; and Pltfs' motion to permit the introduction of the SEGSOFT software and the testimony of Michael Elliot is granted in part. In all other respects, the parties motions are denied with leave to renew at trial. Neither party shall be entitled to costs or fees incurred in connection with these motions. Signed by Senior Judge Thomas J. McAvoy on 5/26/11. (sfp, )
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Filing
280
DECISION AND ORDER Pltfs' Motion to strike documents [dkt #233] is denied; Security Mutual's Motion for summary judgment [dkt # 219] is granted in part and denied in part. The motion is granted in that the breach of fiduciary relationship c laim [fourth cause of action] and the tortious interference with business relationships and prospects claim [seventh cause of action] against Security Mutual are dismissed en toto. The breach of implied duties of good faith and fair dealing claim [f ifth cause of action] is dismissed only to extent that the claim is premised upon the allegation that Security Mutual breached this duty by terminating the worksite general agent's contract. The motion is denied in all other respects; Pltfs' ; Motion for partial summary judgment [dkt # 226] is denied; Schmitt-Sussman's Motion for summary judgment [dkt # 215] is granted in all respects, and all claims against Schmitt-Sussman are dismissed; Pltfs' Motion to exclude testimony of G ary L. Tinkel [dkt # 212] is denied; Security Mutual's motion to exclude Pltfs' expert witnesses is granted in part and denied in part. The motion is granted in that the testimony of John Cosgrove is precluded. The motion is denied with lea ve to renew as to Michael R. Elliott on the issue of Mr. Elliott's testimony regarding the SEGSoft program. The Court refers to Mag. Judge Peebles the limited issue of determining whether the SEFSoft program was properly certified either by initial disclosure or by some later disclosure allowed under Mag. Judge Peebles's discovery order(s). The motion is also denied with leave to renew as to Michael M. Krieger. Signed by Senior Judge Thomas J. McAvoy on 9/30/10. (sfp, )
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Filing
207
ORDER -- the applications for both plaintiffs and the SML defendants for an award of costs and attorneys' fees is denied; denying 175 Motion for Sanctions; denying 185 Motion to Dismiss; the SML defendants' motion to strike the report d ated on or about May 20, 2009, 190 is denied; granting 192 Motion to Disqualify Counsel. Attorney Douglas J. Nash and Gabriel M. Nugent terminated. Plaintiffs' oral request for an order compelling further discovery on the part of the SML defendants is denied. Signed by Magistrate Judge David E. Peebles on 7/30/09. (mnm)
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