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14-10419 - Soft-Aid, Inc. v. SAM-ON-DEMAND, LLC et al

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14-10419 - Soft-Aid, Inc. v. SAM-ON-DEMAND, LLC et al
September 27, 2016
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, as to misappropriation of trade secrets (Count III), breach of contract (Count IV), and breach of the implied covenant of good faith and fair dealing (Count V). The Court ALLOWS Plaintiff's Motion for Summary Judgment as to the Lanham Act claDistrict Judge Leo T. Sorokin: ORDER entered The Court ADOPTS the Magistrate Judge's recommendation as to Count I for the other copyrights Plaintiff claims are infringed and note that Defendant did notobject to this portion of the Recommendation of the Magistrate Judge. The Court rejects Defendant's objections to the Report and Recommendation. The Court ALLOWS Plaintiff's Motion to Supplement the Complaint, 133. The Court DENIES Plaintiff's Motion for Summary Judgment 110ims(Count II), unfair competition (Count VI), violations of Chapter 93A (Count VII), and unjust enrichment (Count VIII). The Court DENIES summary judgment on Defendants' counterclaims for defamation (Count I), intentional interference with business relationships (Count II), uniform trade deceptive practices (Count III), and declaratory relief (Count V). The Court ALLOWS summary judgment for Plaintiff on Defendants' counterclaim for CFAA violations (Count IV). Within fourteen (14) days, the parties shall file a joint status report stating (a) the anticipated duration of trial; (b) whether the parties anticipate any mediation process and, if so, the amount of time needed for such a process (either in the Courts mediation program or otherwise as the parties prefer); and (c) whether all parties consent to the exercise of jurisdiction by the magistrate judge assigned to this case (the parties shall not report their individual positions and the failure to consent shall not result in any adverse substantive consequence). (Montes, Mariliz)