Optima Media Group Limited et al v. Bloomberg L.P.
| Optima Media Group Limited and Optima Sports Management International (UK) |
| Bloomberg L.P. |
| 1:2017cv01898 |
| March 15, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Alison J. Nathan |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
183
FINDINGS OF FACT AND CONCLUSIONS OF LAW: For the reasons explained above, the Court concludes that OMG has failed to prove its claims for breach of contract and breach of the covenant of good faith and fair dealing. Bloomberg's counterclaim for trademark infringement is also not proven. However, Bloomberg has met its burden of proving its counterclaims for breach of contract against both OMG and OMSI. The Court awards Bloomberg $17,386,082 in damages and determines that OSMI is jointly responsible for $3,761,081 of that award. Bloomberg is also entitled to reasonable costs, including attorneys' fees. Bloomberg may submit a motion for costs and fees no later than June 4, 2021. OMG may file a response no later than June 18, 2021. Bloomberg may then submit a reply no later than June 25, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/14/2021) ( Motions due by 6/4/2021., Responses due by 6/18/2021, Replies due by 6/25/2021.) (ks)
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Filing
180
ORDER: Closing argument in this matter is scheduled for December 10, 2020 at 11:00 A.M. via Zoom. Members of the public may access the audio of the proceeding by dialing 1-703-552- 8058 and entering conference code 416587. (Status Conference set for 12/10/2020 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 12/8/2020) (nb)
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Filing
177
ORDER: The Court informed the parties on October 16, 2020 that the Court would hold oral argument/summations on December 7, 2020. See Dkt. No. 166. The Court is unable to proceed with oral argument on that date. The parties shall submit a joint le tter by December 4, 2020 indicating if they are available for oral argument on Thursday, December 10, 2020 at 11:00 A.M. The Court will hold oral argument remotely. The parties should indicate in their joint letter what logistics they anticipate for oral argument. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2020) (jca)
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Filing
149
ORDER. With regard to the parties' submissions of designated deposition testimony to be admitted but not played at trial, the Court will not admit any portions for which there are outstanding objections. The parties are instructed to either reso lve those objections on their own or include those portions of the testimony with those that will be played at trial. In addition, the Court strongly encourages the parties to further reduce the volume of deposition designations. In particular, for testimony that the parties are not intending to play at trial, both sides should consider whether it is necessary to seek its admission at all. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/3/2020) (rjm)
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Filing
146
ORDER: A bench trial in this matter will begin October 5, 2020 at 9 A.M. The trial will be conducted remotely using a videoconferencing system. The public may access the audio of the proceeding by calling 1-703-552-8058 and entering conference code 944408. (Bench Trial set for 10/5/2020 at 09:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/2/2020) (rro)
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Filing
139
ORDER: The parties are instructed to identify the portions of the previously designated deposition testimony that they propose to play live at trial and those they propose be admitted without being played live by October 1, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/29/2020) (kv)
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Filing
132
ORDER: A final pretrial conference in this matter is scheduled for September 2, 2020 at 3:00 P.M. Dkt. No. 127. The conference will be conducted telephonically. The parties and members of the public may access the proceeding by dialing (888) 363-4749 and entering access code 9196964. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 9/1/2020) (cf)
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Filing
130
ORDER. Given the current stage of the COVID-19 pandemic in New York City and restraints on the Courts ability to conduct in-person proceedings, the Court finds it appropriate to conduct the bench trial in this matter, currently scheduled to begin Oct ober 5, 2020, entirely remotely. No later than August 31, 2020, the parties are directed to meet and confer and submit a joint proposal detailing technology that would permit the Court and the parties to proceed remotely. The final pretrial conference remains scheduled for September 2, 2020 at 3:00 P.M. and will be conducted remotely. Dkt. No. 127. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/21/2020) (rjm)
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Filing
128
ORDER: The parties are hereby ORDERED to meet, confer, and submit a joint letter to the Court no later than August 15, 2020 regarding whether they are willing to conduct the bench trial remotely. If so, the parties should include in their joint letter information regarding technologies that would enable the Court and the litigants to proceed remotely. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/4/2020) (jca)
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Filing
107
ORDER: According to Court's August 8, 2019 Order in the above-captioned matter, fact discovery was scheduled to close on November 15, 2019, with a post discovery status conference scheduled for February 14, 2020. In light of those deadlines, it is hereby ORDERED that by February 9, 2020, the parties shall meet and confer and submit a joint letter to the Court. The joint letter shall: as further set forth herein. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/5/2020) (kv)
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Filing
91
OPINION AND ORDER: For the reasons given above, Optima's motion to dismiss Bloomberg's first counterclaim for breach of contract is granted solely as to Bloomberg's counterclaim against Optima Sports, with the exception of any alleged breaches by Optima Sports of paragraph 10( d) of the Agreement. The Court also dismisses Bloomberg's second counterclaim in part, dismissing it as to trademark infringement under the Lanham Act, but not as to its New York common law counterclaim . Finally, the Court dismisses Bloomberg's third counterclaim for fraudulent inducement in its entirety. Bloomberg has already amended its counterclaims once in response to Optima's initial motion, which pressed the same arguments as those Optima raises here. Moreover, Bloomberg has not requested an opportunity to amend nor stated what amendments, if any, it would seek to make. For those reasons, these dismissals are with prejudice. See Gallop, 642 F.3d at 369, Bloomberg's previou s motion to dismiss, Dkt. No. 52, is hereby dismissed as moot. This resolves docket items numbers 52 and 60. Pursuant to the discovery schedule agreed to by the parties, all fact discovery shall be completed within 120 days after the date of this Ord er and all expe1t discovery shall be completed 180 days after the date of this Order. Dkt. No. 81. A post discovery conference is hereby scheduled for August 16, 2019, at 3:45 p.m. SO ORDERED. (Status Conference set for 8/16/2019 at 03:45 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/29/2019) (kv)
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Filing
44
MEMORANDUM OPINION & ORDER re: 18 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Lorin L. Reisner dated May 5, 2017 filed by Bloomberg L.P., 33 MOTION to Dismiss the Amended Complaint filed by Bloomberg L.P., 36 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Lorin L. Reisner dated June 9, 2017 filed by Bloomberg L.P., 15 MOTION to Dismiss filed by Bloomberg L.P. The motion to di smiss Plaintiffs' original complaint is denied as moot, and the motion to dismiss the amended complaint is granted as to the claims for consequential damages and to the extent that the breach of the implied covenant claim overlaps with the breach of contract claim, but denied on all other grounds. The attendant requests for oral argument are also denied. This resolves Docket Numbers 15, 18, 33, and 36. An initial pretrial conference is hereby scheduled for May 11, 2018, at 3pm. The materials described at Docket Number 19 are due seven days before the conference. SO ORDERED. (Initial Conference set for 5/11/2018 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/27/2018) (mml)
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