Gayle Martz, Inc. v. Sherpa Pet Group, LLC et al
| Gayle Martz, Inc. |
| Sherpa Pet Group, LLC, Tim R. Ford and Kevin T. Sheridan |
| 1:2008cv09186 |
| October 27, 2008 |
| US District Court for the Southern District of New York |
| Trademark Office |
| New York |
| Harold Baer |
| Both |
| Federal Question |
| 15:1051 Trademark Infringement |
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Filing
51
AMENDED OPINION AND ORDER:#97969 For the foregoing reasons, Defendants' motion for summary judgment is DENIED. The consolidated motion of GMI and the Third-Party Defendants is GRANTED to the extent discussed in this opinion. This matter will pr oceed to trial as scheduled on September 29, 2009 on the claims further set forth in this Amended Opinion & Order. GMI's date for submission of a proposed order for a permanent injunction, on five days' notice to the Defendants, remains September 16, 2009. IT IS SO ORDERED. (Signed by Judge Harold Baer on 9/2/2009) (tve) Modified on 9/8/2009 (eef).
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Filing
47
OPINION AND ORDER re:#97969 18 MOTION for Summary Judgment and Rule 56.1 Statement filed by Kevin T. Sheridan, Sherpa Pet Group, LLC, Tim R. Ford and 23 FIRST MOTION for Summary Judgment filed by Sam J. Nole, Gayle Martz, Gayle Martz, Inc. For th e foregoing reasons, Defendants' motion for summary judgment is DENIED. The consolidated motion of GMI and the Third-Party Defendants is GRANTED to the extent discussed in this opinion. This matter will proceed to trial as scheduled on Septembe r 29, 2009 on the following claims: GMI's claim against SPG for trademark dilution, GMI's claim against SPG for damages arising from its breach of the PLA, GMI's claim against SPG for breach of the BLA, GMI's claim against SPG for breach of the APA, GMI's claim against SPG for non-payment of Note A, GMI's claim against SPG for non-payment of Note B, GMI's claim against Ford and Sheridan for breach of fiduciary duties, Defendants' counterclaim against GMI f or fraudulent misrepresentation, Defendants' counterclaim against GMI for breach of the APA, Defendants' counterclaim against GMI for breach of the implied duty of good, faith and fair dealing. GMI is directed to submit a proposed order for a permanent injunction, on notice to the Defendants, within twenty (20) days of the date of this opinion and order. The clerk is instructed to close these motions (Docket Nos. 18 and 23) and remove them from my docket. IT IS SO ORDERED. (Signed by Judge Harold Baer on 8/27/2009) (tve) Modified on 8/28/2009 (tve). Modified on 8/31/2009 (eef).
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