Semple v. Eyeblaster, Inc. et al
| Elizabeth Semple |
| Eyeblaster, Inc., Gal Trifon, Lehman Brothers, Inc. and Deutsche Bank Securities Inc. |
| 1:2008cv09004 |
| October 20, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| XX Out of State |
| Harold Baer |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Other Contract |
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The following documents for this case are available for you to view or download:
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Filing
70
OPINION & ORDER re:#97962 53 MOTION for Summary Judgment filed by Eyeblaster, Inc., Gal Trifon. For the foregoing reasons, Defendants' motion for summary judgment is granted in part and denied in part. Plaintiff s claims for tortious interfe rence with business relations, breach of contract and fraud are dismissed. Plaintiff s claim for breach of the implied covenant of good faith and fair dealing will proceed to trial on September 21, 2009. The Clerk of this Court is instructed to close this motion (Docket No. 53). IT IS SO ORDERED. (Signed by Judge Harold Baer on 8/27/2009) (tve) Modified on 8/28/2009 (eef).
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Filing
59
OPINION & ORDER,#97650 for the reasons that follow, Plaintiff's motion is denied re: 49 MOTION for Reconsideration re; 47 Memorandum & Opinion, filed by Elizabeth Semple. Plaintiff's concomitant request for an extension of time to respo nd to the Eyeblasters Defendants' motion for summary judgment is also DENIED in part. The deadline for fully briefed dispositive motions will be extended to 7/15/09. The parties may agree to their own briefing schedule so long as the Court rece ives courtesy copies of the fully briefed motion on or before that day. As the Court requires a full 60 days to consider the motion, the trial in this matter, should proceed to trial, will be scheduled in the latter half of September 2009. The partie s will be sent a trial notification with the details for submission of pretrial materials approximately one month before the trial date. The Clerk of the Court is instructed to close this motion (docket No. 49) (Signed by Judge Harold Baer on 6/19/09) (cd) Modified on 6/22/2009 (eef).
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Filing
47
OPINION & ORDER:#97549 For the reasons set forth herein, all claims against the Underwriters are dismissed. Plaintiff's claim against the Eyeblaster Defendants for tortious interference with contract is also dismissed. Plaintiff has now had two opportunities to plead her claims; therefore, no leave to amend shall be granted. Indeed, this Court already has stated that the Amended Complaint was Semple's "last effort and if [Defendants] prevail on [the] motion there will be no furth er opportunity to respond." See Letter Endorsement dated 1/20/09 (Docket No. 24). As to the balance of Plaintiff's claims- for interference with business relations, breach of contract and fraud- the Eyeblaster Defendants' motion to dismiss is denied. The Clerk of this Court is directed to close all open motions in this matter. (Signed by Judge Harold Baer on 5/26/09) (tro) Modified on 5/27/2009 (jab).
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Filing
1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650339-08. (Filing Fee $ 350.00, Receipt Number 666740).Document filed by Deutsche Bank Securities Inc.(ama)
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