Blessing v. Sirius XM Radio Inc.
| Carl Blessing |
| Sirius XM Radio Inc. |
| 1:2009cv10035 |
| December 7, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Harold Baer |
| Anti-Trust |
| 15 U.S.C. ยง 2 Antitrust Litigation |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
194
OPINION & ORDER re: 182 MOTION to Require Appellants to Post an Appeal Bond. filed by Scott Byrd, Paul Stasiukevicius, Curtis Jones, Joshua Nathan, Janel Stanfield, Greg Lucas, James Sacchetta, James Hewitt, Glenn Demott, Todd Hill, Susie Stanaj, D avid Salyer, Paola Tomassini, Carl Blessing, Edward Leyba, Ronald William Kader, Edward A. Scerbo, John Cronin, Kevin Stanfield: For the reasons stated above, the Plaintiffs-Appellees' motion to require Objectors-Appellants to Post an Appeal Bond is DENIED. The Clerk of the Court is instructed to close the motion and remove it from my docket. (Signed by Judge Harold Baer on 11/22/2011) (djc)
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Filing
160
OPINION & ORDER re: 117 MOTION for Attorney Fees filed by Plaintiffs and 115 MOTION to Approve Final Approval of Settlement filed by Plaintiffs. I have considered their oral and written submissionsand for the reasons described within the motions are GRANTED. The Clerk of the Court is instructed to close this matter and remove it from my docket. (Signed by Judge Harold Baer on 8/24/2011) (ab)
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Filing
86
OPINION AND ORDER: The motion for summary judgment is GRANTED as it pertains to the consumer protection claims, which are hereby dismissed. The motion is otherwise DENIED. The Clerk of the Court is instructed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 3/29/2011) (jfe)
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Filing
74
MEMORANDUM AND OPINION re: 47 MOTION to Dismiss filed by Sirius XM Radio Inc., 54 MOTION to Bifurcate filed by Scott Byrd, Paul Stasiukevicius, Curtis Jones, Joshua Nathan, Janel Stanfield, Greg Lucas, James Sacchetta, James Hewitt, Melissa Fast, Glenn Demott, Charles Bonisignore, Todd Hill, Susie Stanaj, David Salyer, Paola Tomassini, Edward Leyba, Carl Blessing, Ronald William Kader, Andrew Dremak, Edward A. Scerbo, Brian Balaguera, John Cronin, Todd Stave, Kevin Stanfield. The motion to dismiss is GRANTED in part and DENIED in part. For the reasons givenabove, I find that the eleven plaintiffs named on May 3, 2010 were timely joined. Plaintiffs have stated claims under New York Gen. Bus. Law § 349 and Cal. Civ. Code §§ ; 1770(a)(5), (9), and (14), and provided sufficient notice as to damages. Likewise, Plaintiffs are not in breach of the notice requirements of Mass. Gen. Laws Ann. ch. 93A, § 9, and the Massachusetts claims may proceed. Claims under Cal. Civ. C ode §§ 1770(a)(7), (16) and (19) are dismissed, as are the claims for breach of contract and breach of the covenant of good faith and fair dealing. The portion of Defendant's motion to dismiss that attacks Plaintiffs' standing to bring certain state law claims is DENIED, but may be renewed following my decision on the class certification motion if Article III standing concerns remain. The motion to bifurcate is DENIED. The Clerk of the Court is instructed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 11/17/2010) (jar)
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| Plaintiff: Carl Blessing | |
| Represented By: | James Joseph Sabella |
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| Defendant: Sirius XM Radio Inc. | |
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