B & M Linen, Corp. v. Kannegiesser USA, Corp. et al
| B & M Linen, Corp. |
| Kannegiesser USA, Corp., Michael H. Dreher, Martin Kannegiesser and Herbert Kannegiesser GmbH & Co. |
| 1:2008cv10093 |
| November 20, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| Bronx |
| Richard J. Holwell |
| Plaintiff |
| Diversity |
| 28:1331 Fed. Question: Breach of Contract |
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Filing
73
MEMORANDUM & ORDER: granting 57 Motion for Summary Judgment. For the reasons stated above, Defendant K-USA's motion for summary judgment on all remaining counts [dkt. no. 57] is GRANTED in its entirety. (Signed by Judge Loretta A. Preska on 3/19/2013) (djc)
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Filing
32
MEMORANDUM OPINION AND ORDER re: 24 MOTION for Default Judgment as to Plaintiff's Default on the Counterclaims filed by Kannegiesser USA, Corp. Plaintiff's counsel has averred that she intended to electronically file an answer to Kannegiesser's counterclaims on March 6, 2010, and believed that she had done so. Evidently she made a technical error that made the electronic filing ineffective. Taking plaintiff's counsel at her word, the Court finds that her error does not justify an entry of default judgment. The Court also notes that Kannegiesser will suffer no prejudice from this ruling, and that the ruling comports with the principle that ''judgments by default are not favored as strong public polic y considerations counsel that courts should, when possible, resolve disputes on the merits rather than on technical pleading deficiencies." For these reasons, defendant/counterclaim plaintiff's motion 24 is denied. (Signed by Judge Richard J. Holwell on 4/15/2010) (jar)
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Filing
17
MEMORANDUM OPINION AND ORDER:#98485 For the reasons given, the defendants' partial motion to dismiss 10 is granted. Plaintiffs fourth, eighth, tenth, fourteenth, fifteenth, and sixteenth claims are all dismissed in their entirety. Plaintiffs first, fifth, ninth, and twelfth claims are dismissed as to Dreher. (Signed by Judge Richard J. Holwell on 1/19/2010) (jfe) Modified on 1/26/2010 (ajc).
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