Xiotech Corporation v. Express Data Products Corporation et al
| Xiotech Corporation |
| Express Data Products Corporation, ESI, LLC and Rudy C. D'Amico |
| 6:2013cv00861 |
| July 19, 2013 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
39
AMENDED MEMORANDUM-DECISION AND ORDER re 10 MOTION to Dismiss for Failure to State a Claim; 21 MOTION for Partial Summary Judgment; 20 MOTION to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendant D'Amico's m otion to dismiss is GRANTED; and the Court further ORDERS that Defendants Express Data Products Corporation's and ESI, LLC's motion to dismiss is GRANTED in part and DENIED in part; and the Court further ORDERS that Xiotech's breach of contract claim as to Defendant D'Amico is DISMISSED without prejudice; and the Court further ORDERS that Xiotech shall file and serve any amended complaint within twenty-one days of the date of this Order in accordance with the Local Rules; and the Court further ORDERS that Xiotech's fraud claims are DISMISSED with prejudice; and the Court further ORDERS that Xiotech's unjust enrichment claims are DISMISSED with prejudice; and the Court further ORDERS that Xiotech's motion for partial summary judgment is GRANTED in the amount of$551,167.77. Signed by U.S. District Judge Mae A. D'Agostino on 4/3/14. [Amended only to add attorney Barrer under case caption](ban)
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Filing
38
MEMORANDUM-DECISION AND ORDER granting 10 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 20 Motion to Dismiss for Failure to State a Claim; granting 21 Motion for Partial Summary Judgment: The Court here by ORDERS that Defendant D'Amico's motion to dismiss is GRANTED; and the Court further ORDERS that Defendants Express Data Products Corporation's and ESI, LLC's motion to dismiss is GRANTED in part and DENIED in part; and the Cour t further ORDERS that Xiotech's breach of contract claim as to Defendant D'Amico is DISMISSED without prejudice; and the Court furtherORDERS that Xiotech shall file and serve any amended complaint within twenty-onedays of the date of this O rder in accordance with the Local Rules; and the Court further ORDERS that Xiotech's fraud claims are DISMISSED with prejudice; and the Court further ORDERS that Xiotech's unjust enrichment claims are DISMISSED with prejudice; and the Court further ORDERS that Xiotech's motion for summary judgment is GRANTED in the amount of $551,167.77; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/31/2014. (ban)
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Filing
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MEMORANDUM-DECISION AND ORDER granting 5 Motion for Preliminary Injunction: ORDERED, that plaintiffs motion for a preliminary injunction (Dkt. No. 5) isGRANTED; it is further ORDERED that the temporary restraining order is extended pending the resolution of this matter or further Order by this Court. Signed by U.S. District Judge Mae A. D'Agostino on 8/14/13. (ban)
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Filing
12
MEMORANDUM-DECISION AND ORDER granting 9 Motion for TRO: ORDERED that plaintiffs motion for a modification of the existing temporary restrainingorder is GRANTED (Dkt. No. 9), it is further ORDERED that pending a decision on plaintiffs application for a preliminary injunction, defendants, their agents, servants, employees, and attorneys and all persons in active concert or participation with them who receive actual notice of this order, be, and hereby are, enjoined from transferring or withdrawing any funds from account numbers 5673050052 and 7000933443 maintained at NBT Bank, N.A. pending further order of the Court. Signed by U.S. District Judge Mae A. D'Agostino on 8/2/13. (ban)
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