Shively v. Mitchell et al
| Matthew Shively |
| Stephen Mitchell, Thomas Ruscica and Designlush, Inc. |
| 1:2013cv02164 |
| April 2, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| None |
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Filing
27
OPINION & ORDER re: 14 MOTION to Dismiss the First Amended Complaint. filed by Thomas Ruscica, Stephen Mitchell, Designlush, Inc. For the reasons stated above, defendants motion to dismiss is granted solely as to the portion of the claim in Count Five for conversion that relates to Shivelys $1 million investment. The balance of the conversion claim, alleging conversion of the Shively Design Work, remains. Defendants motion to dismiss is denied as to the other three causes of actio n which defendants have sought to dismiss. The Clerk of Court is respectfully directed to terminate the motion at docket number 14. At argument, the Court ordered that fact discovery would close on February 10, 2014 and that the next conference with the Court would be held on March 14,2014. Pursuant to the Court's Individual Rules, if a party wishes to move for summary judgment it must, by February 24, 2014, submit a letter not to exceed three pages in length, setting forth the basis for t he anticipated motion, including the legal standards governing the claims at issue. The other party shall respond similarly by February 27, 2014. The parties have not yet completed a Civil Case Management Plan. The Court directs them to meet and confer and to complete such a plan, consistent with the above deadlines, by November 7, 2013. A template is available on the Court's website. (Signed by Judge Paul A. Engelmayer on 10/24/2013) (djc)
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