Hamilton International Ltd. v. Vortic LLC et al
| Hamilton International Ltd. |
| Vortic LLC, Vortic Technology LLC and Robert Thomas Custer |
| 1:2017cv05575 |
| July 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Alison J. Nathan |
| Trademark |
| 15 U.S.C. ยง 1114 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
166
ORDER denying 136 Motion in Limine; denying as moot 137 Motion in Limine; denying 138 Motion in Limine; granting in part and denying in part 139 Motion in Limine; denying 143 Motion in Limine. For the reasons stated at the final pre- trial conference, Defendants' motion in limine to limit Plaintiff's damages claim to alleged actual damages is denied; Defendants' motion in limine to exclude Plaintiff's proposed trial exhibit 33 is denied as moot; Defendants 9; motion in limine to exclude Plaintiffs proposed trial exhibit 22 and related testimony is denied; and Defendants' motion in limine to exclude Plaintiff's proposed trial exhibits 23, 24, 26, 27, and 28 is denied as moot with respect to ex hibit 24 and granted with respect to exhibits 23, 26, 27, and 28. However, Plaintiff will be given an additional opportunity to elicit the requisite foundational testimony for the excluded proposed exhibits at trial. Finally, Plaintiff's motion in limine to exclude Defendants' proposed trial exhibits B, C, and Dis denied. This resolves Dkt. Nos. 136, 137, 138, 139, and 143. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/14/2020) (kv)
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Filing
161
ORDER denying without prejudice 157 Motion to Strike document 146 Witness List filed by Hamilton International Ltd. from the record. Defendants' motion to strike the direct testimony affidavit of Ms. Raveloson is denied without preju dice. Defendants' argument that the affidavit contains hearsay is already addressed by one of their motions in limine. Dkt. No. 138. Their objection that the affidavit contains legal conclusions will be addressed at trial. This resolves Dkt. No. 157. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/4/2020) (kv)
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Filing
148
ORDER: In advance of trial, the parties are hereby ordered to have one hour of good-faith settlement negotiations. It is further ordered that on or before January 30, 2020, the parties should jointly notify the Court of whether they seek referral to the Southern District of New York's mediation program, which the Court would expedite. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/28/2020) (kv)
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Filing
129
ORDER granting 118 Motion to Seal Document. Having reviewed these redaction and sealing requests, the Court GRANTS Plaintiffs motion. The Court finds that the requests are narrowly tailored to protect competitive business information. Applying th e Second Circuit standard set out in Lugosch, the protection against the risk of competitive disadvantage in this case is of a higher value than the value to the public such that closure is necessary. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). SO ORDERED. (Signed by Judge Alison J. Nathan on 1/13/2020) (kv) Transmission to Sealed Records Clerk for processing.
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Filing
128
MEMORANDUM & ORDER: re: 117 MOTION for Reconsideration re; 115 Memorandum & Opinion filed by Hamilton International Ltd. For the foregoing reasons, Plaintiff's motion for reconsideration is denied. In light of the upcoming trial scheduled to begin on February 19, 2020, the Court alters the schedule for pretrial filings. See Dkt. No. 126. Pre-trial materials are due on January 24, 2020. Oppositions to motions in limine, if any, are due on February 5, 2020, and replies, if any, are due on February 11, 2020. This resolves Dkt. No. 117., ( Responses due by 2/5/2020, Replies due by 2/11/2020.) (Signed by Judge Alison J. Nathan on 1/10/2020) (ama)
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Filing
115
OPINION AND ORDER. For the foregoing reasons, Defendants' motion for summary judgment is DENIED, Plaintiff's motion to strike the Haller declaration is DENIED as moot, Plaintiff's motion to transfer is DENIED, and Defendants' moti on to seal is DENIED as well, with leave to refile as directed. A final pre-trial conference in this matter will be scheduled by separate order. This resolves Dkt. Nos. 77, 95, 97. re: 95 MOTION to Strike Document No. [80 and 81] Declaratio n of Antoine Haller filed by Robert Thomas Custer, Vortic Technology LLC, Vortic LLC, 77 MOTION for Summary Judgment filed by Hamilton International Ltd., 97 MOTION to Change Venue to the United States District Court for the District of Colorado filed by Robert Thomas Custer, Vortic Technology LLC, Vortic LLC. (Signed by Judge Alison J. Nathan on 9/30/2019) (rjm)
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Filing
63
OPINION AND ORDER: Plaintiff is ORDERED to pay $445.93 to Defendants' counsel by November 2, 2018, and file proof of payment with the Court. (Signed by Magistrate Judge Ona T. Wang on 10/25/2018) (rro)
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