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15-9955 - IPOX Schuster, LLC v. Lazard Asset Management, LLC et al


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15-9955 - IPOX Schuster, LLC v. Lazard Asset Management, LLC et al
June 9, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/9/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court dismisses count 4 for failure to state a claim but otherwise denies Nikko's motion to dismiss [dkt. no. 30]. The Court directs Nikko to answer the complaint by no later than July 1, 2016. The case is set for a telephone status hearing on June 16, 2016 at 8:45 a.m., for the purpose of setting a discovery and pretrial schedule. Counsel are directed to discuss and attempt to agree upon a schedule to propose to the Court and are to file a joint status report in this regard by no later than June 15, 2016. Counsel are also directed to set up a call-in number for the status hearing and are to advise Judge Kennelly's chambers of the details by 12:00 p.m. on June 15, 2016. (mk)
December 28, 2017
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/28/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendants' motions for summary judgment in part and denies them in part [dkt. nos. 141, 143]. Summary judgment is granted in favor of both defendants on counts 1, 5, 6, 8, 9, 10, 11, 13, and 14 of plaintiff's amended complaint. With regard to count 3, the Courts grants summary judgment in favor of Nikko but declines to enter summary judgment in favor of Lazard. The Court otherwise denies the defendants' motions. The Court also denies IPOX's motion for summary judgment regarding the defendants' affirmative defenses [dkt. no. 147]. The case is set for a status hearing on January 4, 2018 at 9:30 a.m. to discuss the possibility of settlement. (mk))
January 20, 2018
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REVISED MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/20/2018: The Court's previously issued memorandum opinion and order, reported at 2017 WL 6625987 (Dec. 28, 2017), is vacated. For the reasons stated above, the Court grants defendants' motions for summary judgment in part and denies them in part [dkt. nos. 141, 143]. Summary judgment is granted in favor of both defendants on Counts 1, 5, 6, 8, 9, 10, 11, 13, and 14 of plaintiff's amended complaint. With regard to Count 2, the Court grants summary judgment to the defendants to the extent the claim is based on information IPOX has publicly released as identified in this decision, but otherwise denies the motion. With regard to Count 3, the Court holds that both defendants are entitled to summary judgment on this claim to the extent it involves marketing activities that occurred in Japan regarding Nikko's website, but not otherwise. The Court otherwise denies the defendants' motions. The Court also denies IPOX's motion for summary judgment regarding the defendants' affirmative defenses [dkt. no. 147]. (mk)