Ergowerx International LLC v. Maxell Corporation of America

Justia Dockets & Filings Second Circuit New York Southern District Ergowerx International LLC v. Maxell Corporation of America

Ergowerx International LLC v. Maxell Corporation of America

Plaintiff:	Ergowerx International LLC
Defendant:	Maxell Corporation of America
Case Number:	1:2013cv05633
Filed:	August 12, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Paul A. Engelmayer
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 271 Patent Infringement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 7, 2014	Filing 50 OPINION & ORDER: For the foregoing reasons, the Court declines to exercise supplemental jurisdiction over the sole remaining state-law claim. That claim is dismissed without prejudice to Smartfish's right to bring such a claim in state court. The Clerk of Court is directed to terminate all pending motions and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/7/2014) (ajs)
April 23, 2014	Filing 48 OPINION & ORDER re: 24 MOTION to Dismiss (Notice of Partial Motion to Dismiss First Amended Complaint) filed by Maxell Corporation of America, 9 MOTION to Dismiss (Notice of Partial Motion to Dismiss) filed by Maxell Corporation of America, 13 LETTER MOTION for Conference re: 9 MOTION to Dismiss (Notice of Partial Motion to Dismiss) addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated October 8, 2013. LETTER MOTION for Conference re: 9 MOTION to Dism iss (Notice of Partial Motion to Dismiss) addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated October 8, 2013 filed by Maxell Corporation of America, 28 LETTER MOTION for Conference re: 24 MOTION to Dismiss (Notice of Par tial Motion to Dismiss First Amended Complaint) addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated November 19, 2013. LETTER MOTION for Conference re: 24 MOTION to Dismiss (Notice of Partial Motion to Dismiss First Amended C omplaint). addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated November 19, 2013 filed by Maxell Corporation of America. For the foregoing reasons, Maxells partial motion to dismiss is granted. Counts Two through Thirteen are dism issed. With respect to Count One, Maxell's motion to dismiss certain damages claims is granted. Specifically, the Court dismisses the FAC's claim for $3.6 million in additional damages for breaches of Maxell's alleged minimum-purc hase obligation during the two 18-month periods that followed the initial 18-month period commencing December 22, 2009. The Clerk of Court is directed to terminate the motions pending at docket numbers 9, 13, 24, and 28. Because the Court has dismiss ed the FAC's federal statutory claims, an issue arises as to whether the Court retains subject matter jurisdiction over this lawsuit. The parties are directed to meet and confer by April 28, 2014, and to submit to the Court, by May 2, 2014, a jo int letter setting out, in detail, their respective views as to whether there is diversity jurisdiction over this matter; and if not, whether the Court should nevertheless exercise supplemental jurisdiction over the sole remaining claim, for breach of contract, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 4/23/2014) (cd)

Date Filed

Document Text

May 7, 2014

Filing 50 OPINION & ORDER: For the foregoing reasons, the Court declines to exercise supplemental jurisdiction over the sole remaining state-law claim. That claim is dismissed without prejudice to Smartfish's right to bring such a claim in state court. The Clerk of Court is directed to terminate all pending motions and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/7/2014) (ajs)

April 23, 2014

Filing 48 OPINION & ORDER re: 24 MOTION to Dismiss (Notice of Partial Motion to Dismiss First Amended Complaint) filed by Maxell Corporation of America, 9 MOTION to Dismiss (Notice of Partial Motion to Dismiss) filed by Maxell Corporation of America, 13 LETTER MOTION for Conference re: 9 MOTION to Dismiss (Notice of Partial Motion to Dismiss) addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated October 8, 2013. LETTER MOTION for Conference re: 9 MOTION to Dism iss (Notice of Partial Motion to Dismiss) addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated October 8, 2013 filed by Maxell Corporation of America, 28 LETTER MOTION for Conference re: 24 MOTION to Dismiss (Notice of Par tial Motion to Dismiss First Amended Complaint) addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated November 19, 2013. LETTER MOTION for Conference re: 24 MOTION to Dismiss (Notice of Partial Motion to Dismiss First Amended C omplaint). addressed to Judge Paul A. Engelmayer from Hilary L. Preston dated November 19, 2013 filed by Maxell Corporation of America. For the foregoing reasons, Maxells partial motion to dismiss is granted. Counts Two through Thirteen are dism issed. With respect to Count One, Maxell's motion to dismiss certain damages claims is granted. Specifically, the Court dismisses the FAC's claim for $3.6 million in additional damages for breaches of Maxell's alleged minimum-purc hase obligation during the two 18-month periods that followed the initial 18-month period commencing December 22, 2009. The Clerk of Court is directed to terminate the motions pending at docket numbers 9, 13, 24, and 28. Because the Court has dismiss ed the FAC's federal statutory claims, an issue arises as to whether the Court retains subject matter jurisdiction over this lawsuit. The parties are directed to meet and confer by April 28, 2014, and to submit to the Court, by May 2, 2014, a jo int letter setting out, in detail, their respective views as to whether there is diversity jurisdiction over this matter; and if not, whether the Court should nevertheless exercise supplemental jurisdiction over the sole remaining claim, for breach of contract, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 4/23/2014) (cd)

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Plaintiff: Ergowerx International LLC
Represented By:	Jay Philip Nelkin
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Defendant: Maxell Corporation of America
Represented By:	Hilary Lovett Preston
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