The Barton Group, Inc v. NCR Corporation
| The Barton Group, Inc |
| NCR Corporation |
| 1:2008cv05679 |
| June 24, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| New York |
| Gerard E. Lynch |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Other Contract |
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Filing
61
MEMORANDUM OPINION AND ORDER: For the reasons set forth above, NCR's motions for judgment as a matter of law and a new trial, (ECF No. 48), are denied, as is BGI's motion for declaratory judgment and an order of specific performance, (ECF No. 51). (Signed by Magistrate Judge Frank Maas on 6/24/2011) Copies Mailed By Chambers. (jpo)
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Filing
22
ORDER All Discovery due by 4/16/2010, see document for other deadlines. Telephone Conference set for 4/7/2010 at 10:00 AM before Magistrate Judge Frank Maas. Counsel for the plaintiff should initiate the conference by calling Chambers at (212) 805-6727. (Signed by Magistrate Judge Frank Maas on 11/12/09) Copies sent by chambers.(cd)
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Filing
16
ORDER: Accordingly, defendant is ordered to either produce readable copies of these documents, or to certify that it has exhausted all reasonable efforts to recover the content of these documents, by August 5, 2009. Defendant represents that it has p roduced all of the requested documents in its possession, and offers to provide the underlying invoices. Contrary to plaintiffs position, it is plaintiffs obligation to prove that defendant owes it money; defendant's obligation at this stage is limited to producing its existing records, which it has done. If, on the basis of those records, plaintiff cannot figure out what claims it is owed, or cannot otherwise prove its case, that is not defendant's fault. Accordingly, plaintiffs reque sts in these respects are denied. Should plaintiff desire the underlying sales invoices which defendant has offered to provide, it shall so notify defendant and defendant shall in turn provide them forthwith. Plaintiffs request to require defendant to categorize its production is denied. (Signed by Judge Gerard E. Lynch on 7/22/2009) (jpo) Modified on 7/27/2009 (jpo).
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| Plaintiff: The Barton Group, Inc | |
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| Defendant: NCR Corporation | |
| Represented By: | Ira George Greenberg |
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