Tandberg, Inc. v. Advanced Media Design, Inc.

Justia Dockets & Filings Fourth Circuit Virginia Eastern District Tandberg, Inc. v. Advanced Media Design, Inc.

Tandberg, Inc. v. Advanced Media Design, Inc.

Plaintiff:	Tandberg, Inc.
Defendant:	Advanced Media Design, Inc.
Case Number:	1:2009cv00863
Filed:	August 3, 2009
Court:	US District Court for the Eastern District of Virginia
Office:	Alexandria Office
County:	Fairfax
Presiding Judge:	Theresa Carroll Buchanan
Presiding Judge:	T. S. Ellis
Nature of Suit:	Plaintiff
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 23, 2009	Filing 57 ORDER on plaintiff's re 46 MOTION to dismiss defendant's amended counterclaims. Defendant is hereby provided notice purusant to Rule 12(d), Fed.R.Civ.P., that plaintiff's motion to dismiss defendant's amended counterclaims i s converted to a motion for summary judgment . It is further Ordered that the parties may file simultaneous briefs on or before 5:00 p.m, Tuesday, December 1, 2009 addressing (i) whether defendant's counterclaims must be dismissed pursuant t o the first material breach rule, and (ii) whether there is a material dispute of fact as to whether plaintiff has applied the approximately $231,000 credit to its $3,180,714.72 breach of contract claim. (See order for details). Signed by District Judge T. S. Ellis, III on 11/23/2009. (nmcc)
November 3, 2009	Filing 44 ORDER following hearing re plaintiff's 30 Motion for Summary Judgment. It is Ordered that plaintiff's motion for partial summary judgment is Granted as to Count I. It is further that defendant submit a supplemental memorandum confirming or disputing the approximately $249,000 late fee owed pursuant to the agreed-upon 60-day payment period by 5:00 p.m., Friday, November 6, 2009. Signed by District Judge T. S. Ellis, III on 11/03/2009. (nmcc)

Date Filed

Document Text

November 23, 2009

Filing 57 ORDER on plaintiff's re 46 MOTION to dismiss defendant's amended counterclaims. Defendant is hereby provided notice purusant to Rule 12(d), Fed.R.Civ.P., that plaintiff's motion to dismiss defendant's amended counterclaims i s converted to a motion for summary judgment . It is further Ordered that the parties may file simultaneous briefs on or before 5:00 p.m, Tuesday, December 1, 2009 addressing (i) whether defendant's counterclaims must be dismissed pursuant t o the first material breach rule, and (ii) whether there is a material dispute of fact as to whether plaintiff has applied the approximately $231,000 credit to its $3,180,714.72 breach of contract claim. (See order for details). Signed by District Judge T. S. Ellis, III on 11/23/2009. (nmcc)

November 3, 2009

Filing 44 ORDER following hearing re plaintiff's 30 Motion for Summary Judgment. It is Ordered that plaintiff's motion for partial summary judgment is Granted as to Count I. It is further that defendant submit a supplemental memorandum confirming or disputing the approximately $249,000 late fee owed pursuant to the agreed-upon 60-day payment period by 5:00 p.m., Friday, November 6, 2009. Signed by District Judge T. S. Ellis, III on 11/03/2009. (nmcc)

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Plaintiff: Tandberg, Inc.
Represented By:	Brandon Hall Elledge
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Defendant: Advanced Media Design, Inc.
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