Bill Diodato Photography LLC v. Avon Products, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Bill Diodato Photography LLC v. Avon Products, Inc.

Bill Diodato Photography LLC v. Avon Products, Inc.

Plaintiff:	Bill Diodato Photography LLC
Defendant:	Avon Products, Inc.
Case Number:	1:2012cv00847
Filed:	February 2, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Robert W. Sweet
Nature of Suit:	Copyrights
Cause of Action:	17 U.S.C. § 101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 21, 2012	Filing 41 OPINION re: 32 MOTION for Reconsideration re; 30 Memorandum & Opinion Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Avon Products, Inc. Based on the conclusions set forth above, Defendant's motion to reconsider is granted. Upon reconsideration, Plaintiff's claim for breach of contract remains a validly pled cause of action, but Plaintiff's claims for account stated are dismissed. (Signed by Judge Robert W. Sweet on 9/21/2012) (lmb)
August 7, 2012	Filing 30 OPINION re: 8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Avon Products, Inc. Based on the conclusions set forth above, the Defendant's motion to dismiss is denied with respect to the Complaint's breach of cont ract and account stated causes of action and granted with respect to the Complaint's conversion cause of action. Decision regarding the applicability of the statute of limitations to Plaintiff's copyright infringement action is deferred pending limited discovery relating to that issue. Plaintiff is afforded leave to replead within twenty days. (Signed by Judge Robert W. Sweet on 8/5/2012) (lmb)

Date Filed

Document Text

September 21, 2012

Filing 41 OPINION re: 32 MOTION for Reconsideration re; 30 Memorandum & Opinion Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Avon Products, Inc. Based on the conclusions set forth above, Defendant's motion to reconsider is granted. Upon reconsideration, Plaintiff's claim for breach of contract remains a validly pled cause of action, but Plaintiff's claims for account stated are dismissed. (Signed by Judge Robert W. Sweet on 9/21/2012) (lmb)

August 7, 2012

Filing 30 OPINION re: 8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Avon Products, Inc. Based on the conclusions set forth above, the Defendant's motion to dismiss is denied with respect to the Complaint's breach of cont ract and account stated causes of action and granted with respect to the Complaint's conversion cause of action. Decision regarding the applicability of the statute of limitations to Plaintiff's copyright infringement action is deferred pending limited discovery relating to that issue. Plaintiff is afforded leave to replead within twenty days. (Signed by Judge Robert W. Sweet on 8/5/2012) (lmb)

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Plaintiff: Bill Diodato Photography LLC
Represented By:	Marc Andrew Lebowitz
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Defendant: Avon Products, Inc.
Represented By:	Alexander Lloyd Greenberg
Represented By:	Roger L. Zissu
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