Infocision Management Corporation v. Foundation for Moral Law, Inc.
Plaintiff: Infocision Management Corporation
Defendant: Foundation for Moral Law, Inc.
Case Number: 5:2008cv01342
Filed: June 3, 2008
Court: US District Court for the Northern District of Ohio
Office: Contract: Other Office
County: Summit
Presiding Judge: Sara Lioi
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Breach of Contract
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Date Filed Document Text
February 3, 2012 Opinion or Order Filing 222 Memorandum Opinion and Order: For the reasons set forth herein, Plaintiff's motion for prejudgment interest under Ohio Rev. Code § 1343.03(A) (Doc. No. 202 ) is GRANTED and Defendant's motion for stay pending appeal (Doc. No. 205 ) is DENIED. Judge Sara Lioi on 02/03/2012. (H,KR)
August 30, 2011 Opinion or Order Filing 199 Order: The Court finds that FML is entitled to a set-off of $1,860.71, representing 1% of 90% of funds raised in Ohio in 2003, 2% of 90% of funds raised in Ohio in 2004, 1% of all funds raised in Vermont in 2003, and 2% of all funds raised in Vermont in 2004. (Doc. No. [195-1].) This amount shall be applied as a set-off against the jury's verdict in favor of Infocision. Judge Sara Lioi on 8/30/2011. (P,J)
July 22, 2011 Opinion or Order Filing 176 Memorandum Opinion and Order granting the motion in limine of Plaintiff Infocision Management Corp. (Doc. No. 167 ), and denying the amended motion in limine of Defendant Foundation for Moral Law Inc. (Doc. No. 169 .) Judge Sara Lioi on 7/22/2011. (P,J)
March 7, 2011 Opinion or Order Filing 164 Order denying defendant FML's motion to recuse. (Related Doc # 162 ). Judge Sara Lioi on 3/7/2011.(P,J) (Main Document 164 replaced on 3/7/2011) (P,J).
October 27, 2010 Opinion or Order Filing 153 Memorandum Opinion: Infocision's motion for summary judgment (Doc. No. 145 ) is granted, and Case No. 08CV1412, and FML's counterclaim in Case No. 08CV1342, are hereby dismissed. FML's motion for summary judgment (Doc. No. [147 ]) is denied. Further, FML's motion to certify (Doc. No. 142 ) is denied. The final pretrial conference is set for October 29, 2010 at 4:00 p.m. Counsel and the parties should review the Court's Final Pretrial Conference and Trial Order (Doc. No. 144 ) to ensure that they are in compliance with the Court's requirements for pretrial submissions. In addition, counsel and the parties should come to the final pretrial conference prepared to discuss the treatment of the remaining claims and issues in light of the Court's present ruling on summary judgment. Judge Sara Lioi on 10/27/2010. (P,J)
March 1, 2010 Opinion or Order Filing 112 Memorandum Opinion: Infocision's motion for partial summary judgment (Related Doc # 94 ) on FML's request for damages resulting from donor burnout is granted. FML may not seek contract damages resulting from alleged donor burnout. F ML is not, however, precluded from seeking contract damages relating to unpaid proceeds from donations generated by phone calls beyond the initial two calls per donor. The Court also rules that FML is entitled to receive the minimum guaranteed amount from each state where funds were solicited, as provided for by that state's law, to the extent that FML can establish the right to recovery. Judge Sara Lioi on 3/1/2010. (P,J)
August 28, 2009 Opinion or Order Filing 81 Opinion and Order granting Stern's Motion to dismiss (Related Doc # 66 ); and denying FML's Motion for leave to amend its complaint (Related Doc # 71 ). In light of this ruling, Stern's Motion to amend his answer is denied as moot (Related Doc # 70 ). Judge Sara Lioi on 8/28/2009.(B,IE)
July 27, 2009 Opinion or Order Filing 67 Memorandum Opinion and Order granting Infocision Management Corp's Motion for partial summary judgment (Doc. No. 49 ) and denying Foundation for Moral Law's Motion for extension (Doc. No. 62 ). The Court finds that FML has failed t o establish a genuine issue both with respect to a separate duty and with respect to separate damages. Further, discovery would establish neither. Therefore, FML's tort claim (Doc. No. 1 in Member Case 5:08CV1412) and the corresponding count in its counterclaim (Doc. No. 18 in Lead Case 5:08CV1342) are dismissed. In these consolidated cases, FML shall proceed against Infocision solely based upon the claim set forth in Count I of the complaint in Case No. 5:08CV1412 and the corresponding breach of contract counterclaim in Case No. 5:08CV1342. Judge Sara Lioi on 07/27/09. (S,HR)
June 15, 2009 Opinion or Order Filing 64 Opinion and Order denying Plaintiff's Motion for sanctions against Foundation For Moral Law, Inc. (Related Doc # 56 ) in case 5:08-cv-01342-SL. Judge Sara Lioi on 6/15/2009. Associated Cases: 5:08-cv-01412-SL, 5:09-cv-00951-SL. (B,IE)
January 14, 2009 Opinion or Order Filing 24 Memorandum Opinion and Order: Infocision's motion for partial summary judgment on res judicata grounds is denied. Infocision's motion for partial dismissal pursuant to Rule 12(b)(6) for failure to state a claim is granted, in its entirety. Counts III through VII are hereby dismissed. To the extent those same counts are duplicated in FML's counterclaim in the Infocision Action, they are likewise subject to dismissal. Judge Sara Lioi on 1/14/2009. (P,J)
October 22, 2008 Opinion or Order Filing 9 AMENDED Memorandum Opinion and Order (Related Doc # 8 ): FML's motion to dismiss the Infocision Action is denied (Related Doc # 5 ). Infocision's motion to dismiss the FML Action is denied without prejudice to renewal. The Court wi ll conduct a case management conference regarding these actions on Friday, November 14, 2008, at noon. Lead counsel, parties, and party representatives must attend in person. The parties should come prepared to discuss possible consolidation of these cases since they involve common issues of law and fact. Judge Sara Lioi on 10/22/2008. (P,J)
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Plaintiff: Infocision Management Corporation
Represented By: David P. Bertsch
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Defendant: Foundation for Moral Law, Inc.
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