Fuller Landau Advisory Services Inc v. Gerber Finance Inc.
| Fuller Landau Advisory Services Inc |
| Gerber Finance Inc. |
| 1:2017cv06027 |
| August 9, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| J. Paul Oetken |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
33
OPINION AND ORDER: re: 15 FIRST MOTION to Dismiss Complaint filed by Gerber Finance Inc. For the foregoing reasons, Defendant's motion for summary judgment is GRANTED IN PART. Plaintiff's claims for breach of the duty of good faith a nd for an equitable accounting are dismissed. With respect to Plaintiff's claim for breach of contract, summary judgment for Defendant is granted in part and denied in part. Within three weeks of the date of this order, the parties shall jointly submit a proposed schedule for targeted Rule 56(d) discovery on Plaintiff's breach of contract claim. The Clerk of Court is directed to close the motion at Docket Number 15. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/07/2018) (ama)
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