Weisman Celler Spett & Modlin PC v. Trans-Lux Corporation
| Weisman Celler Spett & Modlin PC |
| Trans-Lux Corporation |
| 1:2012cv05141 |
| July 6, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
64
MEMORANDUM OPINION AND ORDER re: 57 FIRST MOTION to Dismiss Notice of Motion and Declaration of Compliance with Individual Rule 3(B)(i) filed by Weisman Celler Spett & Modlin PC: For the reasons stated above, Trans-Lux's counterclaims a re dismissed, with the exception of the unjust enrichment and fiduciary duty counterclaims based on improper and excessive fees arising after June 22, 2009. The Clerk of Court is directed to terminate Docket No. 57. Per the Court's Order of Jul y 30, 2013 (Docket No. 62), all discovery shall be completed within six weeks of the date of this decision. In addition, the parties shall appear for a pretrial conference on March 27, 2014, at 4:15 pm in Courtroom 1105 of the Thurgood Marshall Court house, 40 Centre Street, New York, New York 10007. By Thursday of the week prior to that conference, the parties shall file on ECF a joint letter, not to exceed three (3) pages, regarding the status of the case. The letter should include the followin g information in separate paragraphs: (1) A statement of all existing deadlines, due dates, and/or cut-off dates; (2) A brief description of any outstanding motions; (3) A brief description of the status of discovery and of any additional discovery t hat needs to be completed; (4) A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any; (5) A statement of the anticipated length of trial and whether the case is to be tried to a jury; (6) A statement of whether the parties anticipate filing motions for summary judgment; and (7) Any other issue that the parties would like to address at the pretrial conference or any information that the parties believe may assist the Court in advancing the case to settlement or trial. (Signed by Judge Jesse M. Furman on 2/6/2014) (tn)
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Filing
51
MEMORANDUM OPINION AND ORDER re: 39 MOTION for Leave to File Amended Answer with Defenses and Counterclaims filed by Trans-Lux Corporation. For the reasons discussed above, Defendant's Motion for Leave to File Amended Answer with Defenses and Counterclaims is granted in part and denied in part. Defendant may file an Amended Answer asserting the additional affirmative defenses and its first five proposed counterclaims. The Clerk of the Court is directed to terminate the motion (Docket No. 39). In light of this decision, the Court grants the parties' request to extend the discovery deadlines in the case management plan. All discovery in the case will now close July 19, 2013. The Court will leave it to the parties to agree upon re levant interim discovery deadlines in the first instance. If the parties cannot agree on interim discovery deadlines, they may raise any disputes with the Court in accordance with the Court's Individual Rules. The conference scheduled for June 1 0, 2013, is rescheduled for July 22, 2013, at 3:15 p.m. The case management plan otherwise remains in effect., ( Discovery due by 7/19/2013.), ( Pretrial Conference set for 7/22/2013 at 03:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/21/2013) (lmb)
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Filing
26
MEMORANDUM OPINION AND ORDER re: 13 MOTION to Dismiss or Transfer. filed by Trans-Lux Corporation. For the reasons discussed above, Defendant's Motion to Dismiss or Transfer the case is DENIED. The Clerk of the Court is directed to term inate the motion (Docket No. 13). The initial pretrial conference originally scheduled for 9/27/2012, but adjourned sine die in light of this motion, is hereby rescheduled for 12/6/2012, at 3:30 p.m. No later than the Thursday before that conference, the parties shall submit a Proposed Case Management Plan and Joint Letter as directed by the Court's Order of July 13, 2012. (Docket No.2) (Signed by Judge Jesse M. Furman on 11/14/2012) (mt)
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| Plaintiff: Weisman Celler Spett & Modlin PC | |
| Represented By: | Kenneth Alan Hicks |
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| Defendant: Trans-Lux Corporation | |
| Represented By: | Jennifer Rebecca Rossi |
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