Penguin Group (USA) Inc. v. Steinbeck et al

Justia Dockets & Filings Second Circuit New York Southern District Penguin Group (USA) Inc. v. Steinbeck et al

Penguin Group (USA) Inc. v. Steinbeck et al

Case Number:	1:2006cv02438
Filed:	March 29, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Richard Owen
Nature of Suit:	Copyright
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	Defendant

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Date Filed	Document Text
January 19, 2010	Filing 63 ORDER denying 40 Motion to Intervene. The Estate of Elaine Steinbeck's motion (#40) to intervene is denied. SO ORDERED. (Signed by Judge George B. Daniels on 1/15/2010) (tve)
March 31, 2009	Filing 32 MEMORANDUM DECISION AND ORDER denying 13 Motion for Summary Judgment. Because defendant failed to demonstrate the absence of a genuine issue regarding performance ofcontractual condition, the record does not reflect whether Penguin's obligatio n to pay ever matured. See Restatement of Law (Second) of Contracts § 225(1) (1981) ("Performance of a duty subject to a condition cannot become due unless the condition occurs or its non-occurrence is excused."). Defendant has made an insufficient showing that there are no triable issues of fact and that he is entitled to judgment as a matter of law on his breach of contract counterclaim. Defendant's motion for summary judgment on his counterclaim against Penguin is denied. SO ORDERED. (Signed by Judge George B. Daniels on 3/31/2009) (tve)

Date Filed

Document Text

January 19, 2010

Filing 63 ORDER denying 40 Motion to Intervene. The Estate of Elaine Steinbeck's motion (#40) to intervene is denied. SO ORDERED. (Signed by Judge George B. Daniels on 1/15/2010) (tve)

March 31, 2009

Filing 32 MEMORANDUM DECISION AND ORDER denying 13 Motion for Summary Judgment. Because defendant failed to demonstrate the absence of a genuine issue regarding performance ofcontractual condition, the record does not reflect whether Penguin's obligatio n to pay ever matured. See Restatement of Law (Second) of Contracts § 225(1) (1981) ("Performance of a duty subject to a condition cannot become due unless the condition occurs or its non-occurrence is excused."). Defendant has made an insufficient showing that there are no triable issues of fact and that he is entitled to judgment as a matter of law on his breach of contract counterclaim. Defendant's motion for summary judgment on his counterclaim against Penguin is denied. SO ORDERED. (Signed by Judge George B. Daniels on 3/31/2009) (tve)

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