Toto, Inc. v. Sony Music Entertainment
Toto, Inc. |
Sony Music Entertainment |
1:2012cv01434 |
February 27, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Lewis A. Kaplan |
Other Contract |
28 U.S.C. ยง 1332 |
None |
Available Case Documents
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Filing 117 OPINION AND ORDER. For the reasons set forth above, the Court GRANTS SME's cross-motion, and denies Toto's motion, for summary judgment on Toto's breach of contract claim; and GRANTS Toto's motion, and denies SME's cross-moti on, for summary judgment on SME's declaratory judgment counterclaim. Because neither party addressed SME's remaining counterclaims for breach of contract and unjust enrichment in their summary judgment briefing, IT IS HEREBY ORDERED THAT th e parties shall submit a joint letter to the Court no later than October 29, 2014 concerning the next contemplated steps in this case. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 84 and 89. (Signed by Judge Richard J. Sullivan on 9/29/2014) (This Document was previously filed under seal in envelope doc. number 114 and unsealed pursuant to Order doc. no. 116). (rjm). |
Filing 46 ORDER ADOPTING REPORT AND RECOMMENDATION for 21 Motion to Dismiss filed by Sony Music Entertainment, 43 Report and Recommendations. Accordingly, the Court adopts the Report in its entirety and, for the reasons set forth therein, GRANTS Defendant 's motion to dismiss as to the portion of Plaintiff's first cause of action seeking damages for royalties periods ending on June 30, 2008 and earlier, but DENIES Defendant's motion to dismiss for the portion of Plaintiff's first c ause of action seeking recovery for digital download royalties tor the periods ending December 31, 2008 and later. Further, the Court GRANTS Defendant's motion to dismiss as to Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing. (Signed by Judge Richard J. Sullivan on 1/15/2013) (mro) |
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Plaintiff: Toto, Inc. | |
Represented By: | Kenneth E. Gordon |
Represented By: | Richard Steven Busch |
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Defendant: Sony Music Entertainment | |
Represented By: | Jonathan Michael Sperling |
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