Gordon v. Softech International, Inc. et al
Erik H. Gordon |
Softech International, Inc. and John Does 1-10 |
1:2010cv05162 |
July 6, 2010 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Richard M. Berman |
Other Statutory Actions |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 98 DECISION & ORDER granting in part and denying in part 77 Motion for Summary Judgment filed by Arcanum Investigations, Inc., Dan Cohn, Aron Leifer, Reid Rodriguez, Softech International, Inc; denying 83 Motion for Summary Judgment filed by Erik H. Gordon: For the reasons set forth within, Defendants' motion for summary judgment [#77] is granted in part and denied in part as follows: (i) Summary judgment as to Leifer's liability to Gordon under the DPPA is denied; (ii) Summary judgme nt as to the Reseller Defendants' liability under the DPPA is granted in favor of the Reseller Defendants; (iii) Summary judgment as to Gordon's prima facie tort claim against Leifer is denied; and (iv) Summary judgment as to Gordon's intentional infliction of emotional distress claim against Leifer is granted in favor of Leifer; Plaintiff's cross-motion for summary judgment on his DPPA claims against Leifer and the Reseller Defendants [#83] is denied; the Reseller Defendants ' cross-claims against Leifer [#63, #64] are dismissed; and Leifer's cross-claims against the Reseller Defendants [#66] are dismissed. The parties are directed to appear for a pre-trial conference before the Court on December 14, 2011 at 9:00 a.m. The parties are directed to engage in good-faith settlement discussions prior to the conference. (Signed by Judge Richard M. Berman on 11/30/2011) (ab) |
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