CVS Pharmacy, Inc. et al v. Press America, Inc.
| CVS Pharmacy, Inc. and Caremark RX, L.L.C. |
| Press America, Inc. |
| 1:2017cv00190 |
| January 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Gregory H. Woods |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
113
MEMORANDUM OPINION AND ORDER re: 81 MOTION for Summary Judgment filed by Press America, Inc., 85 MOTION for Summary Judgment filed by CVS Pharmacy, Inc., Caremark RX, L.L.C. For the reasons described above: Pres s America is granted summary judgment against CVS in the amount of $560,354.97 in respect of its counterclaims. CVS's motion for summary judgment with respect to the counterclaims is denied. Press America is granted summary judgment dis missing CVS's common law indemnity and negligence claims; CVS's motions with respect to those claims are denied. Press America is granted summary judgment with respect to its asserted liability for reimbursement of the $1.845 milli on penalty payment to IBM either as a result of its contractual indemnification obligations, or as damages for breach of contract; CVS's motions with respect to those matters are denied. Press America is granted summary judgment with respe ct to CVSs claims for reimbursement of attorneys' fees in connection with this litigation; CVSs motions with respect to those claims are denied. CVS is granted summary judgment with respect to its claim that Press America breached the MSA an d Business Associate Agreement. However, summary judgment is denied with respect to its claim for damages as a result of the breach. The amount of damages to which it is entitled will be determined at trial. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 81 and 85. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/27/2019) (anc)
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Filing
62
MEMORANDUM OPINION AND ORDER re: 44 MOTION to Dismiss Plaintiff's Amended Complaint filed by Press America, Inc. For the foregoing reasons, Defendants motion to dismiss is DENIED. The Clerk of Court is directed to close the motion at ECF No. 44. (Signed by Judge Gregory H. Woods on 1/3/2018) (mro)
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