| February 10, 2014 |
Filing
200
MEMORANDUM OPINION AND ORDER re: 179 MOTION for Partial Summary Judgment as to Liability Under Count I (Fraudulent Transfer) of the Fourth Amended Complaint filed by Paradigm Biodevices, Inc. Accordingly, Plaintiff's motion for partial summary judgment as to liability on the fraudulent conveyance claim is GRANTED, and Defendants' motion for summary judgment is DENIED. The parties shall immediately advise the Court by joint letter if they are interested in a referral to the as signed Magistrate Judge for purposes of settlement. Regardless, within thirty days of this Memorandum Opinion and Order, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with Federal Rule of Civil P rocedure 26(a)(3) and the Court's Individual Rules and Practices. The parties should follow Paragraph 5 of the Court's Individual Rules and Practices, which identifies submissions that must be made at or before the time of the Joint Pretria l Order, including any motions in limine. At or before the same date, the parties shall also file joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions in accordance with the Court's Individual Rules and Practices. Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Federal Rule of Civil Procedure 51(a)(2)(A). The parties shall be ready for trial approximately two weeks after the Joint Pretrial Order is filed. The Clerk of Court is directed to terminate Docket Nos. 179 and 189. (Signed by Judge Jesse M. Furman on 2/10/2014) (lmb)
|
| May 9, 2013 |
Filing
169
MEMORANDUM OPINION AND ORDER. For the foregoing reasons, the Court rules that if Paradigm satisfies the traditional preliminary injunction standard, the Court may grant preliminary injunctive relief, but only to the extent that the assets alleged to have been fraudulently conveyed remain in Centinel's possession. In light of this ruling, the parties are ordered to confer with one another in advance of the conference on May 13, 2013, with respect to whether, and to what extent, a hearing on Plaintiff's motion is required. (Signed by Judge Jesse M. Furman on 5/9/2013) (lmb)
|
| May 1, 2013 |
Filing
164
MEMORANDUM OPINION AND ORDER re: 133 MOTION for Leave to File Fourth Amended Complaint filed by Paradigm Biodevices, Inc. For these reasons, Paradigm's motion for leave to amend its complaint is GRANTED with respect to its veil-piercing claim and the addition of VB as a defendant and DENIED with respect to its breach-of-contract claim. (Signed by Judge Jesse M. Furman on 5/1/2013) (lmb)
|
| January 17, 2013 |
Filing
124
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court concludes that there is no basis to withhold the draft report pursuant to Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure and directs that Plaintiff disclose it to Defendants no later than January 23, 2013. The parties are directed to confer with respect to any other communications with Zolfo Cooper in light of this ruling. If, after the parties confer, there are any further disputes with respect to disclosure, Plaintiff shall promptly submit the relevant material to the Court for its in camera review. (Signed by Judge Jesse M. Furman on 1/17/2013) (mro)
|
| February 3, 2012 |
Filing
54
MEMORANDUM OPINION AND ORDER denying re: 18 MOTION for Attachment Pre-Judgment Against Defendant Centinel Spine, Inc. filed by Paradigm Biodevices, Inc., 34 MOTION to Dismiss Plaintiff's Amended Complaint granted in part and de nied in part, filed by John J. Viscogliosi, Anthony G. Viscogliosi, Centinel Spine, Inc. Viscogliosi & Company, LLC, Viscogliosi Brothers, LLC. For the reasons stated on record supplemented by the foregoing points, defendants' Motion for a Pre- judgment Order of Attachment Against Defendant Centinel Spine, Inc. 18 is denied. Defendants' Motion to Dismiss 35 is GRANTED in part, DENIED as to Centinel on the fraudulent transfer claim, and DENIED as to Centinel and John Viscogliosi on the Chapter 93A claim under Massachusetts law. (Signed by Judge Richard J. Holwell on 2/2/2012) (cd)
|