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14-2277 - CrossFit Incorporated v. Martin et al


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14-2277 - CrossFit Incorporated v. Martin et al
March 27, 2017
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REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Defendants'/Counterclaimants damages allegations be limited at trial to those amounts they represented up to and including December 22, 2016. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Signed by Magistrate Judge David K Duncan on 3/27/17. (KGM)
May 15, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS ORDERED adopting the R&R (Doc. 193) in whole. IT IS FURTHER ORDERED limiting Defendants'/Counterclaimants' damages allegations at trial to those amounts they represented up to and including December 22, 2016. (See document for further details). Signed by Judge John J Tuchi on 5/15/17. (SLQ)
August 3, 2017
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ORDER: IT IS ORDERED denying 230 Plaintiff CrossFit, Inc.'s Motion to Exclude Opinions and Testimony of Carl Saba. (See attached Order for complete details). Signed by Judge John J Tuchi on 8/3/17.(JAMA)
September 22, 2017
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ORDER denying 214 Motion to Amend Answer and Counterclaim. FURTHER ORDERED granting/denying in part 216 Defendants and Counterclaimants' Motion for Summary Judgment. Defendants Jeff Martin, Brand X Martial Arts, and CrossFit Brand X are entitled to summary judgment as to Plaintiff's breach of Contract claim (Count 1). The balance of Defendants' Motion is denied, and Plaintiff's remaining claims will proceed to trial. FURTHER ORDERED granting/denying in part 222 Plaintiff's Motion for Summary Judgment. Plaintiff CrossFit is not entitled to summary judgment on its claims, and they will proceed to trial as limited above. Counterdefendants CrossFit and Greg Glassman are entitled to summary judgment on Defendants' Counterclaims for breach of the 2009 License Agreement and the associated covenant of good faith and fair dealing (Counterclaims 5 and 6), for breach of the Transition Agreement and the associated covenant of good faith and fair dealing only to the extent these counterclaims are brought by Brand X Martial Arts and CrossFit Brand X (Counterclaims 7 and 8), tortious interference (Counterclaims 9 and 10), and defamation (Counterclaim 11). The balance of Counterdefendants' Motion is denied, and Defendants' remaining claims (Counterclaims 7 and 8 as brought by the Martins) will proceed to trial. FURTHER ORDERED DENYING 235 renewed Motion for Sanctions. FURTHER ORDERED grating 231, 233 Motions to Seal. Signed by Judge John J Tuchi on 9/22/17.(MAP)