FPP, LLC v. Xaxis, Inc.
| FPP, LLC |
| Xaxis, Inc. |
| 1:2014cv06172 |
| August 6, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
207
MEMORANDUM OPINION AND ORDER re: 125 MOTION for Summary Judgment . filed by FPP, LLC, 117 MOTION for Summary Judgment . filed by Xaxis US, LLC f/k/a 24/7 Real Media US, Inc. For the foregoing reasons, both FPP's a nd Xaxis' motions for summary judgment are denied in their entirety. This Memorandum Opinion and Order resolves docket entry nos. 117 and 125. This case remains referred to Magistrate Judge Peck for general pre-trial management. The parties are directed to meet promptly with Judge Peck for settlement purposes. The final pretrial conference in this matter is scheduled for January 27, 2011, at 11:00 a.m. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 9/29/2016) (cf)
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Filing
202
MEMORANDUM ORDER: Before the Court is an objection by Plaintiff FPP, LLC ("FPP") to an order by Magistrate Judge Andrew J. Peck, to whom this case has been referred for general pre-trial management, denying Plaintiff's motion to reo pen fact discovery in this case to permit Plaintiff to conduct additional depositions, and to supplement the record for the pending cross-motions for summary judgment. (As further set forth in this Order.) Plaintiff's objection to Judge Peck& #039;s order is therefore overruled. Plaintiff will, however, be permitted to supplement its summary judgment submissions with a brief, not to exceed three double-spaced pages in 12-point font, containing its arguments relating to the significance of the recently produced document. Any such supplemental brief must be filed by July 8, 2016. Defendant may respond with a supplemental brief not to exceed three double-spaced pages in 12-point font no later than July 15, 2016. The summary judgmen t briefing will then be closed. Defendant's request for sanctions pursuant to 28 U.S.C. section 1927 in connection with the instant objection to Magistrate Judge Peck's order is denied, as Defendant has not demonstrated that Plaintiff 9;s counsel filed its objection unreasonably and vexatiously. Any request for sanctions regarding conduct at the depositions should be directed to Magistrate Judge Peck, to the extent the request has not already been withdrawn. This case remains referred to Magistrate Judge Peck for general pre-trial management. (Signed by Judge Laura Taylor Swain on 6/29/2016) (cf)
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Filing
181
MEMORANDUM OPINION AND ORDER: FPP's objection to Magistrate Judge Peck's December 18, 2015, Order is sustained. Xaxis is directed to produce the e-mail in question without redaction of Van Tassell's statements. This Order resolves docket entry no. 175. This case remains referred to Judge Peck for general pretrial management. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 4/29/2016) (spo)
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Filing
80
MEMORANDUM OPINION AND ORDER re: 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), dismissing Count two of Plaintiff's Amended Complaint. filed by Xaxis US, LLC f/k/a 24/7 Real Media US, Inc. For the foregoing reasons, D efendant's motion to dismiss Count Two of the Amended Complaint is denied in its entirety. This Order resolves docket entry no. 21.The final pre-trial conference in this case is scheduled for April 8, 2016, at 10:00 a.m. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Laura Taylor Swain on 9/1/2015) (ajs)
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| Plaintiff: FPP, LLC | |
| Represented By: | Ruth Ellen Harlow |
| Represented By: | Geoffrey P. Jarpe |
| Represented By: | Jena Leigh Tiernan |
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| Defendant: Xaxis, Inc. | |
| Represented By: | Bruce Martin Ginsberg |
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