American Lecithin Company et al v. Rebmann
| American Lecithin Company, Lipoid GmbH, Lipoid, LLC and Phospholipid GmbH |
| Carsten Matthias Rebmann |
| 1:2012cv00929 |
| February 6, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jed S. Rakoff |
| Other Statutory Actions |
| 15 U.S.C. ยง 1125 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
414
ORDER: It has been reported to the Court that the parties in this case have reached a settlement agreement. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restori ng the action to this Court's docket if the application to restore the action is made within thirty (30) days. IT IS FURTHER ORDERED that the final pre-trial conference scheduled for November 1, 2023 at 2:00 PM is adjourned sine die. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/31/2023) (ama)
|
|
Filing
412
ORDER: As Matthias's Req. for Sanctions pursuant to Fed. R. Civ. P. 37(e)(2)(B) was GRANTED, fees are owed. When a Court imposes sanctions under Rule 37, the Court "must order the disobedient party, the attorney advising that party, or b oth to pay the reasonable expenses, including attorney's fees... unless the failure was substantially justified or other circumstances make an award of the expenses unjust." Fed. R. Civ. P. 37(b)(2)(C). Here, as the Court has imposed Rule 37 sanctions and finds no substantial justification, attorney's fees for the motion at issue are warranted. Given counsel's current preoccupation with the impending trial, the assessment of costs and fees any similar applications will be adjourned until after the final determination of this action. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 10/31/2023) (tg)
|
|
Filing
406
ORDER granting in part and denying in part 384 Letter Motion for Discovery. For the reasons stated more fully on the record, Matthias's request was GRANTED in part. Plaintiffs should be precluded from using the "Von Flue&qu ot; document, the rest of the motion was DENIED. The Clerk of the Court is respectfully requested to close the motion at Dkt. No. 384. The Parties are directed to order a copy of the transcript from the conference as soon as possible and provide a copy to the Court. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 10/27/2023) (tg)
|
|
Filing
404
ORDER: Today, I held a competency hearing in this case. In accordance with my comments made during the hearing, the parties are directed to meet and confer to determine the prejudice that may result from a potential finding that Dr. Herbert Rebmann is not competent to testify at trial. Specifically, the parties are to assess the authentication of documents issue. Accordingly, it is hereby: ORDERED that on or before October 31, 2023 the parties submit a joint letter informing the court of the outcome of their meet and confer discussions. IT IS FURTHER ORDERED that on or before November 1, 2023, Plaintiff file a letter informing the court of Plaintiff's position regarding whether or not Plaintiff intends to call Dr. Rebmann as a witness in his case in chief. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/26/2023) (vfr)
|
|
Filing
390
ORDER: I am in receipt of the parties' materials concerning Defendant's motion in limine challenging Dr. Herbert Rebmann's competency. Accordingly, it is hereby: ORDERED that a competency hearing shall be held on October 26, 2023 at 9:00 AM to assess Dr. Herbert Rebmann's ability to testify at trial. The parties are directed to appear in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, while Dr. Rebmann shall testify remotely via Microsoft Teams. ( Status Conference set for 10/26/2023 at 09:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/20/2023) (rro)
|
|
Filing
382
ORDER Accordingly, it is hereby: ORDERED that counsel for all parties appear telephonically for a conference scheduled on October 17, 2023 at 9:00 a.m. The call-in number for the conference line is 888-363-4749 and the access code is 2682448. SO ORDERED. (Telephone Conference set for 10/17/2023 at 09:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/13/2023) (jca)
|
|
Filing
369
ORDER granting in part 363 Letter Motion for Discovery; granting in part 364 Letter Motion for Discovery; granting 365 Letter Motion to Seal. The Parties were heard in a conference on October 2, 2023. The Court resolved all outstanding dis covery disputes. For the reasons stated more fully on the record, Plaintiffs' motion at Dkt. No. 364 was GRANTED in part. Defendant need not respond further to the Fourth Interrogatory regarding specific tax laws, but Defendant was ordered to respond to the Tenth Interrogatory about the personal liability of Third Party-Defendant Herbert Rebmann. Defendant's motion to seal at Dkt. No. 365 was GRANTED. Defendant's motion for discovery at Dkt. No. 363 was GRANTED in part. Plaint iffs were directed to respond to Defendant's Requests for Admission 6 and 11 regarding "Mr. Von Flue," and Defendant's interrogatory regarding intercompany management fees of Plaintiff Lipoid GmbH. The Court found that Plaintiff s need not respond further to Requests for Admission 33-35 regarding a "justment." Defendant preserved his objections regarding the confidentially classifications of certain discovery documents, but the Court did not make a ruling with re spect to the issue because it was premature. Finally, the Court ordered Plaintiffs to produce an affidavit regarding emails concerning Plaintiffs 2007-2011 tax returns. The deadline for compliance with this Court's Order is Friday, October 6, 2023, and the deadline to respond to Defendant's interrogatory concerning Plaintiff Lipoid GmbH is Wednesday, October 11, 2023. The Clerk of the Court is respectfully requested to close the motions at Dkt. Nos. 363, 364, and 365. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 10/2/2023) (mml)
|
|
Filing
366
ORDER: The Court is in receipt of the discovery letters at Dkt. Nos. 363 and 364. A conference is scheduled to address these matters for October 2, 2023, at 10:30 AM. The conference will be held in Courtroom 228, 40 Foley Square, New York, New York. SO ORDERED. ( Status Conference set for 10/2/2023 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis.) (Signed by Magistrate Judge Jennifer E Willis on 9/29/2023) (tg)
|
|
Filing
362
ORDER: In light of the upcoming pretrial conferences scheduled in this matter, it is hereby: ORDERED that counsel for all parties appear telephonically for the pretrial conference scheduled on September 29, 2023 at 3:00 p.m. The call-in number for the conference line is 888-363-4749 and the access code is 2682448. IT IS FURTHER ORDERED that the parties appear in-person for the final pretrial conference scheduled on November 1, 2023 at 2:00 p.m. The parties are directed to appear in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Final Pretrial Conference set for 11/1/2023 at 02:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick., Telephone Conference set for 9/29/2023 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/26/2023) (tg)
|
|
Filing
357
ORDER: I am in receipt of the parties' joint letter providing their positions as to whether either party believes that summary judgment would be appropriate. (Doc. 347.) Upon my review, it is hereby: ORDERED that Plaintiffs' and Third-Party Defendants request for leave to file a second motion for summary judgment is DENIED. IT IS FURTHER ORDERED that a jury trial in this matter is scheduled to begin on November 6, 2023 at 10:00 a.m. IT IS FURTHER ORDERED that a pretrial conference in t his matter will be held on September 29, 2023 at 3:00 p.m. IT IS FURTHER ORDERED that, pursuant to Rule 6 of my Individual Rules & Practices in Civil Cases, a joint pretrial order and motions in limine are due on or before October 20, 2023. Oppositio ns to motions in limine, as well as proposed voir dire questions, proposed verdict sheets, and proposed jury instructions are due on or before October 27, 2023. Two courtesy copies of all documents shall be submitted to Chambers, and Microsoft Word v ersions of the proposed voir dire questions and jury instructions must also be submitted by email to BroderickNYSDChambers@nysd.uscourts.gov. IT IS FURTHER ORDERED that a final pretrial conference in this matter will be held on November 1, 2023 at 2:00 p.m. SO ORDERED., ( Motions due by 10/20/2023., Pretrial Order due by 10/20/2023., Responses due by 10/27/2023, Final Pretrial Conference set for 11/1/2023 at 02:00 PM before Judge Vernon S. Broderick., Jury Trial set for 11/6/2023 at 10:00 AM before Judge Vernon S. Broderick., Pretrial Conference set for 9/29/2023 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/22/2023) (ama)
|
|
Filing
354
ORDER: The Parties are directed to file a status report letter on any outstanding discovery disputes by September 28, 2023. This case has been pending for over a decade. Barring any live disputes, and absent extraordinary circumstances, all discovery in this case will end on September 28, 2023. SO ORDERED. ( Discovery due by 9/28/2023.) (Signed by Magistrate Judge Jennifer E Willis on 9/21/2023) (tg)
|
|
Filing
350
ORDER denying 348 Letter Motion for Discovery. Defendant/Third-Party Plaintiff's Motion for discovery at Dkt. No. 348 is DENIED. The request for conference is also DENIED. Plaintiffs are directed to produce the relevant tax r elated emails by September 1, 2023. Defendant/Third-Party Plaintiff should follow the procedures set forth in the Stipulation and Protective Order at Dkt. No. 299 to make any objections related to confidentiality designations. The Clerk of the Court is respectfully requested to close the motion at Dkt. No. 348. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 8/25/2023) (tg)
|
|
Filing
345
ORDER denying 343 Letter Motion for Discovery. Therefore, the request is DENIED as it is premature. Third-Party Defendants' counsel may write to renew the request after the scheduled deposition has occurred. However, before writing to the Court, the parties are directed to meet and confer about the need for an enlargement of the deposition and the proposed scope of the enlargement. Further, on May 10, 2022, the Court granted a sixty-day stay in this action so that Defendant Carsten "Matthias" Rebmann could obtain new counsel. Dkt. No. 305. As the sixty-days have expired and Matthias has new counsel, Dkt. No. 313, the stay should be lifted. The Clerk of the Court is respectfully requested to close the motion at Dkt. No. 343 and lift the stay on this case. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 7/12/2023) (tg)
|
|
Filing
338
ORDER granting 333 Letter Motion for Discovery. On June 26, 2023, the Parties filed letters regarding the deposition of Herbert Rebmann. Dkt. Nos. 335-337. Herbert Rebmann is hereby ordered to appear and sit for a virtual deposition on July 24, 2 023. The parties are directed to meet and confer about a mutually convenient time for deposition and file a joint status update letter by July 17, 2023, notifying the Court of the agreed upon time. The Court will not permit the deposition to be resch eduled unless both parties write jointly with a mutually agreeable date and time by July 17, 2023. Finally, the parties are directed to file a joint status update by July 25, 2023, advising the Court of the status of the court ordered deposition. If Mr. Herbert Rebmann fails to respond or appear for the scheduled deposition, the Court may entertain sanctions, including but not limited to adverse inference. Further, the Court may order that Mr. Herbert Rebmann compensate Mr. Carsten Matthias Re bmann for any damages resulting from noncompliance. Any potential sanctions can be avoided by complying with the Courts order and sitting for the scheduled deposition. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 6/27/2023) (tg)
|
|
Filing
334
ORDER with respect to 333 Letter Motion for Discovery. The Court is in receipt of a letter filed by defendant and counter-plaintiff Carsten Matthias Rebmann ("Matthias") requesting sanctions for third-party defendant Herbert Rebmann re fusing to sit for deposition. Dkt. No. 333. Opposing counsel has until close of business (5:00pm EST) on Monday, June 26, 2023 to respond via ECF by letter submission to the Court. The Court further notes that Matthias'obligation as a party to be deposed is not dependent on compliance by another party. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 6/22/2023) (tg)
|
|
Filing
330
ORDER: Dkt. No. 325, Ex. C, p. 1. The discovery request was GRANTED in part and DENIED in part for the reasons stated more fully on the record and summarized below: Defendant's request to compel disclosure related to Plaintiffs' intercompan y transfer prices is GRANTED. Defendant's request to compel disclosure related to management and administrative fees and services is GRANTED. Plaintiffs did not oppose Defendants request for Plaintiffs' communications with Plaintiffs' accountants regarding tax returns during the relevant period. The Court did not need to make a ruling with respect to this request. Defendant's request to compel working papers and backups used to calculate Plaintiffs' tax obligations durin g the relevant period is GRANTED. Plaintiffs are directed to turn over any responsive documents in their possession related to the tax issues, including intercompany transfer prices and management fees and services as granted above. For the avoidance of doubt, the relevant period is tax years 2007-2010. Defendant's request to compel documents and communications concerning government audits of the Plaintiffs' and the other members of the Lipoid group is GRANTED in part. Defendant agreed to limit this request to government audits of Plaintiffs. Plaintiffs' counsel confirmed there were no audits of the two domestic Plaintiffs. If the two foreign Plaintiffs sold goods to the domestic Plaintiffs and there are any audits related to the tax issues raised in this case, including related to intercompany transfer prices and management fees and services, then Plaintiff must turn over those documents and communications. Defendant's request for documents related to his mother's will and his inheritance is DENIED. Parties are directed to order a copy of the transcript from today's conference and provide a copy to the Court. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 5/24/2023) (ama)
|
|
Filing
328
ORDER granting 325 Letter Motion for Discovery. APPLICATION GRANTED. The parties shall produce the requested documents by May 1, 2023. I will issue a separate order addressing the proposed remote deposition protocol. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 4/17/2023) (kv)
|
|
Filing
326
ORDER: re: 325 LETTER MOTION for Discovery. addressed to Judge Vernon S. Broderick from Joshua E. Abraham dated April 11, 2023. filed by Carsten Matthias Rebmann, Set Deadlines/Hearing as to 325 LETTER MOTION for Discovery. addressed to J udge Vernon S. Broderick from Joshua E. Abraham dated April 11, 2023. On April 11, 2023, the Parties filed a letter regarding certain discovery issues in this case. Dkt. No. 325. A conference is scheduled to address this matter for May 24, 2023, at 2 :00 PM. The conference will be held in Courtroom 228, 40 Foley Square, New York, New York. SO ORDERED.( Motion Hearing set for 5/24/2023 at 02:00 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis.) (Signed by Magistrate Judge Jennifer E Willis on 4/13/2023) (ama)
|
|
Filing
322
ORDER: am in receipt of Plaintiffs/Third-Party Defendant's letter dated March 20, 2023. (Doc. 321.) The letter, filed under seal in response to my Order dated January 31, 2023, (Doc. 317), addresses questions related to Dr. Rebmann's health , ability to travel, and vaccination status. Accordingly, it is hereby ORDERED that the deposition of Dr. Rebmann will take place remotely. IT IS FURTHER ORDERED that the parties meet and confer regarding a protocol for the remote deposition, including designation of the associated costs. The parties shall submit a proposed remote deposition protocol by April 5, 2023. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/22/2023) (ama)
|
|
Filing
312
ORDER: it is hereby: ORDERED that the parties reconvene via telephone on November 18, 2022, at 12:30 PM, using the dial in 888-363-4749 and access code 2682448. Should Defendants new counsel file a notice of appearance and the parties wish to convene prior to the scheduled conference, the parties are directed to file a letter indicting that they wish to reconvene before November 18, 2022. IT IS FURTHER ORDERED that this matter is adjourned until the conference scheduled for November 1 8, 2022 to allow Defendant time to retain counsel and for new counsel to file a notice of appearance on the docket. Should Defendant's new counsel file a notice of appearance prior to the end of the conference, the parties are free to move forward on any outstanding issues. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Defendant at 8 Hyman Ostrow Circle, Highland Mills, New York, 10930. ( Telephone Conference set for 11/18/2022 at 12:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 11/8/2022) (tro)
|
|
Filing
308
ORDER, It is hereby: ORDERED that the Defendant obtain the necessary documents previously in the possession of his prior counsel, Samuel Goldman. IT IS FURTHER ORDERED that the parties reconvene via telephone on September 15, 2022, at 1:00PM, using the dial in 888-363-4749 and access code 2682448, to confirm the Defendant's receipt of the documents previously in Mr. Goldman's possession, and to discuss any efforts taken by the Defendant to secure representation. The Clerk of the Cou rt is respectfully directed to mail a copy of this order to the Defendant at 8 Hyman Ostrow Circle, Highland Mills, New York, 10930. Defendant is reminded that it is his responsibility to update his address with the pro se office. SO ORDERED. ( Telephone Conference set for 9/15/2022 at 01:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/12/22) (yv)
|
|
Filing
307
ORDER: Accordingly, it is hereby: ORDERED that the conference scheduled for August 10, 2022, at 1:00PM is being held via telephone, using the dial-in 888-363-4749 and access code 2682448. IT IS FURTHER ORDERED THAT the Defendant update his addre ss on the docket to reflect his most current address. The Clerk of the Court is respectfully directed to mail a copy of this order to the Defendant at 8 Hyman Ostrow Circle, Highland Mills, New York, 10930. ( Telephone Conference set for 8/10/2022 at 01:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/10/2022) (ate)
|
|
Filing
306
ORDER: In light of this, it is ORDERED that I will hold another conference in this matter on August 10, 2022, at 1 pm. Carsten must appear, either on his own behalf or through new counsel. If Carsten does not appear, I may grant default judgment agai nst him as to all matters, and I may dismiss his counterclaims for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this order to Carsten using the address for him o n the docket, as well as to mail a copy to his former counsel, Samuel Goldman, at Mr. Goldman's address on the docket. Mr. Goldman should forward his copy of the order to Carsten if he can. SO ORDERED., ( Status Conference set for 8/10/2022 at 01:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/13/2022) (ama)
|
|
Filing
305
ORDER, As stated in today's hearing, this action is hereby STAYED for 60 days so that Defendant Carsten Matthias Rebmann ("Matthias") may retain new counsel; Matthias' current counsel's application to withdraw as counsel i n this action, (Doc. 303), is GRANTED; and I will hold another conference on July 13, 2022 at 2 p.m. using the dial-in 888-363-4749 and the access code 2682448. SO ORDERED. Attorney Samuel Goldman terminated., ( Telephone Conference set for 7/13/2022 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 5/10/2022) (kv)
|
|
Filing
300
ORDER: Within thirty days of entry of this order, the parties shall file a joint letter informing me as to the status of this action. In particular, the parties should inform me whether discovery is still ongoing, and if so, they must explain (1) w hy the parties have been unable to complete discovery; (2) what discovery remains outstanding; and (3) how much time the parties anticipate needing to complete discovery. In addition, if discovery is still ongoing, the parties must file with their letter a proposed amended case management plan. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/3/2022) (kv)
|
|
Filing
299
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 9/23/2020) (rjm)
|
|
Filing
296
ORDER: The parties in this matter were directed to appear before me for a telephonic post-discovery conference on September 3, 2020 at 11:00 a.m. The conference did not proceed as scheduled. It is hereby: ORDERED the parties are directed to appear for a rescheduled telephonic post-discovery conference on September 11, 2020, at 2:00 p.m. The parties shall enter the conference by dialing 1-888-363-4749 and entering access code 2682448. ( Telephone Conference set for 9/11/2020 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/9/2020) (cf)
|
|
Filing
293
OPINION AND ORDER re: 270 MOTION for Partial Summary Judgment . filed by HERBERT REBMANN, 282 SECOND MOTION for Partial Summary Judgment Amended. filed by Carsten Matthias Rebmann. Because there is a triable issue of fac t as to whether, among other things, Dr. Rebmann personally participated in the alleged conversion of Plaintiff's shares, Dr. Rebmann's motion for summary judgment is DENIED. Defendant's motion for summary judgment is GRANTED IN PART a nd DENIED IN PART. Because there is an issue of fact as to whether Defendant has retained the domain names at issue in bad faith, his motion for summary judgment dismissing Plaintiffs' cybersquatting claim is DENIED. Because there are multiple i ssues of fact as to Plaintiffs' conversion and breach of fiduciary duty claims relating to the domain names, Defendant's motion for summary judgment dismissing those claims is DENIED. Because there are disputes of fact as to Defendant' s affirmative defenses of laches and unclean hands, his motion for summary judgment dismissing Plaintiffs' claims for injunctive relief is DENIED. The remainder of the motion is GRANTED. Because Defendant undisputedly purchased the Laptop from P laintiffs and becausehis retention of the Laptop and CRM Software undisputedly did not interfere with Plaintiffs' rights, Defendant's motion for summary judgment as to Plaintiffs' claim of conversion is GRANTED and that claim is DISMI SSED. Because Plaintiffs have pointed to no evidence in the record demonstrating damages, Defendant's motion for summary judgment as to Plaintiffs claims for breach of fiduciary duty relating to the Laptop and the CRM Software is GRANTED. The pa rties are directed to appear for a telephonic post-discovery conference on August 27, 2020, at 2:30 p.m. The parties shall enter the conference by dialing 1-888-363-4749 and entering access code 2682448. The parties shall meet and confer and submit a joint letter on or before August 20, 2020, (1) stating whether they seek to conduct any additional discovery on Plaintiffs' claims and on Defendant's counterclaims and third-party claims, and if so setting forth what discovery they seek, a nd detailing any disputes as to the purportedly outstanding discovery; (2) if there are no issues as to discovery, (a) proposing trial dates38 beginning in or after October 2020, (b) setting forth a proposed schedule for submission of a joint pretria l order and motions in limine, and (c) indicating whether they intend to call any witnesses who reside abroad, and if so whether those witnesses will appear in person or by deposition; and (3) indicating whether they wish to be referred to a magistra te judge for settlement. The Clerk of Court is respectfully directed to terminate the motions at Document 270 and 274. SO ORDERED. (Telephone Conference set for 8/27/2020 at 02:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/24/2020) (kv)
|
|
Filing
249
MEMORANDUM AND OPINION: For the foregoing reasons: Movants' motion to dismiss for forum non conveniens is DENIED. Movants' motion to dismiss for lack of subject matter jurisdiction is DENIED. Movants' motion to dismiss for lack of p ersonal jurisdiction and insufficient process is GRANTED with respect to a Lipoid V, Lipoid G, Lipoid B, Lipoid S, and Phospholipid F, and is DENIED with respect to Dr. Rebmann. 1. Movants' Motion to Dismiss Defendant's claim for wrongf ul termination is DENIED; 2. Movants' Motion to Dismiss Defendant's claim for breach of contract relating to Defendant's employment is GRANTED; 3. Movants' Motion to Dismiss Defendant's claim for breach of contract relating to Defendant's equity in the Lipoid Group is GRANTED; 4. Movants' Motion to Dismiss Defendant's claim for fraud is GRANTED; 5. Movants' Motion to Dismiss Defendant's claim for breach of fiduciary duties is GRANTED; 6. Mova nts' Motion to Dismiss Defendant's claim for oppression is GRANTED; 7. Movants' Motion to Dismiss Defendant's claim for tortious interference with business relations is GRANTED; 8. Movants' Motion to Dismiss Defendant' ;s claim for misappropriation is GRANTED; 9. Movants' Motion to Dismiss Defendant's claim for conversion is DENIED; 10. Movants' Motion to Dismiss Defendant's claim for defamation is GRANTED; 11. Movants' Motion to Dismiss Defendant's claim for appraisal and accounting is DENIED solely with respect to information sufficient to establish the value of Defendant's former 10% equity interest in Lipoid G, and is GRANTED in all other respects; and 12. Movan ts' Motion to Dismiss Defendant's claim on behalf of Lipoid G for breach of fiduciary duties is GRANTED. In light of the fact that the SAA represents Defendant's third attempt to adequately state a claim, and he has already been affo rded two opportunities to re-plead, the dismissals set forth herein are made with prejudice. The Clerk's Office is respectfully directed to terminate Docs. 170, 197, and 214. The parties are directed to appear for a status conference on Octob er 27, 2017 at 1:00 p.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The parties are further directed to submit a joint letter on or before October 20, 2017, addressing: (1) the st atus of discovery on Plaintiff's original claims; (2) a proposed schedule for completing discovery on the remaining counterclaims/third-party claims; (3) the status of settlement discussions, if any; and (4) any other issue the parties wish to address at the October 27 conference. ( Status Conference set for 10/27/2017 at 01:00 PM in Courtroom 518, 40 Foley Square, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/30/2017) (rj)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
