Feist v. RCN Corporation et al
| Betsy Feist |
| RCN Corporation and Paxfire, Inc. |
| Paxfire, Inc. |
| Betsy Feist |
| 1:2011cv05436 |
| August 4, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Other Statutory Actions |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
253
OPINION AND ORDER re: 207 MOTION for Summary Judgment on Paxfire's Counterclaims. filed by Betsy Feist, 219 MOTION for Summary Judgment . filed by Paxfire, Inc..For the foregoing reasons, Feist's motion for s ummary judgment on Paxfire's counterclaims is GRANTED. Feist's claims are DISMISSED as moot in light of her stipulation to limit recovery on her claims to the amount necessary to offset Paxfire's recovery on its counterclaims. Conseq uently, Paxfire's motion for summary judgment on Feist's claims is DENIED as moot. Feist's objection to the Judge Ellis's discovery sanctions that preclude her from introducing certain evidence in support of her claims is also DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 207 and 219 and close the case. (Signed by Judge Lorna G. Schofield on 1/17/2017) (kgo)
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Filing
249
OPINION AND ORDER re: 175 FIRST MOTION to Dismiss for Spoliation of Material Evidence. filed by Paxfire, Inc. For the foregoing reasons, Paxfire's motion is GRANTED IN PART and DENIED IN PART. This resolves Doc. No 175. (Signed by Magistrate Judge Ronald L. Ellis on 8/29/2016) (cla)
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Filing
162
MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that Feist's request for reimbursement of costs and expenses related to document production be DENIED. The Parties shall bear their respective costs. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 10/26/2015) (spo)
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Filing
146
MEMORANDUM OPINION & ORDER #105609 re: 141 MOTION for Reconsideration re: 127 Order, Concerning Deposition of Kim Richman filed by Paxfire, Inc., 139 MOTION to Compel Betsy Feist to Produce Documents filed by Paxfire, Inc. Paxfire may conduct a limited deposition of Richman addressing the factual matters that Richman discovered in his investigation of Paxfire and conveyed to Feist. This information is relevant to Feist's Fourth Affirmative Defense w hich asserts that Feist is shielded from liability due to her reliance on her counsel's good faith investigation. Except for Paxfire's skepticism, there is no basis to question Feist's assertion that she has produced all relevant, no n-privileged documents in her possession. However, to the extent that Feist has withheld relevant documents on the basis of the attorney-client privilege or the work product doctrine, the Court directs Feist to produce to Paxfire a privilege log incl uding these materials by July 3, 2015. IT IS THEREFORE ORDERED that Paxfire's Motion for Reconsideration Concerning the Deposition of Kim Richman is GRANTED IN PART. IT IS FURTHER ORDERED that Paxfire's Motion to Compel Production of Documents is DENIED. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 6/26/2015) (kko) Modified on 6/26/2015 (kko). Modified on 6/26/2015 (ca).
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