Tenor Opportunity Master Fund Ltd. et al v. Oxygen Biotherapeutics, Inc.
| Tenor Opportunity Master Fund Ltd., Aria Opportunity Fund, Ltd. and Parsoon Opportunity Fund, Ltd |
| Oxygen Biotherapeutics, Inc. |
| 1:2011cv06067 |
| August 30, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard J. Holwell |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
74
MEMORANDUM OPINION & ORDER: Tenor's motion for summary judgment is GRANTED and defendant Oxygen/s motion for summary judgment is DENIED. Accordingly, summary judgment is granted for Tenor on the question of Oxygen's liability for breach of contract. Because Tenor raised a triable issue of fact as to the amount of damages it sustained--i.e., proved that it did sustain some damages sufficient to meet the fourth element of a breach of contract action--the question of damages must be prese nted to a jury for final determination. The Court ORDERS that plaintiff must produce Mr. Levin, their proposed expert on damages, for a one-day deposition at any time prior to trial. Failure to do so will result in preclusion of Mr. Levin appearing at trial. The July 25, 2012 final pretrial conference and the July 30, 2012 trial dates are adjourned. A trial on damages will be held on September 10, 2012. The parties are to appear at a final pretrial conference on August 30, 2012 at 1:30 p.m. Al l joint pretrial materials are due by August 28, 2012 at 5:00 p.m. They are to be delivered to the Court no later than that date and time as well. The Clerk of the Court shall terminate the motions at Docket Nos. 28 and 31. (Signed by Judge Katherine B. Forrest on 7/11/2012) (ft)
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