Good v. Millennium Sport Technologies, Inc.
| Lyman Good |
| Millennium Sport Technologies, Inc. and Matthew Masuda |
| 1:2017cv08047 |
| October 19, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Personal Injury: Health Care |
| 15 U.S.C. ยง 2071 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
134
CLERK'S JUDGMENT re: 133 Memorandum & Opinion. in favor of Gaspari Nutrition, Inc., Hi-Tech Pharmaceuticals, Inc., Vitamin Shoppe, Inc. against Lyman Good. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 22, 2020, Defendants' motion for summary judgment is granted and this case is closed. (Signed by Clerk of Court Ruby Krajick on 06/23/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
133
OPINION AND ORDER: re: 126 MOTION for Summary Judgment filed by Gaspari Nutrition, Inc., Vitamin Shoppe, Inc., Hi-Tech Pharmaceuticals, Inc. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 126 and terminate this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/22/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
125
OPINION AND ORDER. For the foregoing reasons, Plaintiff's motion to preclude Defendants' expert Henry Fuentes from offering his report or testifying is GRANTED. Defendants' motion to preclude Plaintiff's expert Shawn Wells from of fering his report or testifying is also GRANTED. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 106 and 111. Defendants' may file a motion for summary judgment no later than December 6, 2019. Plaintif f must file his response to Defendants' motion no later than January 8, 2020. Defendants' must file any reply in support of their motion no later than January 24, 2020. As the Court has previously offered the parties, upon a joint request, the Court is happy to refer the parties for a settlement conference. SO ORDERED. re: 111 MOTION to Preclude Experts filed by Lyman Good, 106 MOTION to Preclude the Expert Testimony and Report of Shawn Wells filed by Gaspari Nutrition, Inc., Hi-Tech Pharmaceuticals, Inc. (Motions due by 12/6/2019. Responses due by 1/8/2020. Replies due by 1/24/2020.) (Signed by Judge Valerie E. Caproni on 10/31/2019). (rjm)
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Filing
57
OPINION AND ORDER re: 35 MOTION to Dismiss filed by Vitamin Shoppe, Inc., 22 MOTION to Dismiss for Lack of Jurisdiction as to Defendant, Matthew Masuda filed by Matthew Masuda, 30 MOTION to Dismiss fi led by Gaspari Nutrition, Inc., Jared R. Wheat, Richard Gaspari, Hi-Tech Pharmaceuticals, Inc.: For all the foregoing reasons, Defendants' motions are GRANTED IN PART AND DENIED IN PART. Specifically: 1. The Court GRANTS the motions to di smiss Plaintiff's claims for fraud, assault and battery, and reckless or intentional infliction of emotional distress; these claims are DISMISSED WITH PREJUDICE as to Gaspari Nutrition, HTP, Richard Gaspari, and Jared Wheat. 2. The Court GRANTS Matthew Masuda's, Richard Gaspari's, and Jared Wheat's motions to dismiss for failure to state a claim and for lack of personal jurisdiction; all claims against these three Defendants are DISMISSED WITH PREJUDICE. 3. The motions to li mit damages or to dismiss claims under the economic loss rule are DENIED WITHOUT PREJUDICE. 4. Vitamin Shoppe's motion to dismiss Plaintiff's claim for breach of implied warranty of merchantability is DENIED. 5. Vitamin Shoppe's motion to dismiss Plaintiff's claim for breach of implied warranty of fitness for a particular purpose is GRANTED; that claim is DISMISSED as to Vitamin Shoppe WITH LEAVE TO AMEND. 6. Vitamin Shoppe's motion to dismiss Plaintiff's claim for breach of express warranty is GRANTED; that claim is DISMISSED WITH PREJUDICE as to Vitamin Shoppe. 7. Vitamin Shoppe's motion to dismiss Plaintiff's claim for false advertising under New York General Business Law § 350 is GRANTED; th at claim is DISMISSED WITH PREJUDICE as to Vitamin Shoppe. 8. Plaintiff's motion for leave to amend the Gaspari Amended Complaint is GRANTED as to the claim for breach of implied warranty of fitness for a particular purpose. The motion for leave to amend is DENIED as to the claims for breach of express warranty, false advertising, and breach of implied warranty of merchantability. 9. The Clerk of Court is respectfully directed to close the open motions at Dkts. 22, 30, and 35. The Clerk is also directed to terminate Defendants Matthew Masuda, Richard Gaspari, and Jared Wheat from the case. Party Jared R. Wheat, Richard Gaspari and Matthew Masuda terminated. (Signed by Judge Valerie E. Caproni on 8/6/2018) (tn) Modified on 8/6/2018 (tn).
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