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06-697 - TVI, Inc. v. Infosoft Technologies, Inc.


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06-697 - TVI, Inc. v. Infosoft Technologies, Inc.
September 29, 2006
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that pltff. 16 MOTION to Dismiss Case filed by TVI, Inc. is granted as to counts I-IV of deft. InfoSoft's counterclaims, and deft.'s claims against pltfff. are dismissed without prejudice. IT IS FURTHER ORDERED that 14 MOTION for Preliminary Injunction filed by Infosoft Technologies, Inc is denied. An appropriate jgm. will accompany this order and memorandum. Signed by Judge Jean C. Hamilton on 9/29/06. (CLA, )
November 9, 2006
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ORDER granting 39 Motion for Leave to FILE lst amended answer and counterclaims Signed by Judge Jean C. Hamilton on 11/9/06. (CEL, )
September 13, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's Motion for Partial Summary Judgment on Counts II and IV of TVI's Complaint is GRANTED in part and DENIED in part. Signed by Judge Jean C. Hamilton on 9/13/07. (MJM, )
October 29, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that deft. shall file a brief no later Friday, Nov. 2, 2007 answering these two questions. Pltff. may file a response no later than Wednesday, Nov. 7, 2007. Deft. may file a reply no later than Tuesdaym Nov. 13, 2007. Response to Court due by 11/2/2007. Signed by Judge Jean C. Hamilton on 10/29/07. (CLA, )
November 5, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's Motion for Declaration or Clarification Regarding the Writ of Attachment (Doc. No. 92) is GRANTED and the Writ of Attachment shall be interpreted in a manner consistent with this Order. Signed by Judge Jean C. Hamilton on 11/5/07. (MJM, )
November 15, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for Partial Summary Judgment (Doc. No. 85) is GRANTED on Count III and Count V of Plaintiffs Complaint in an amount subsequently to be determined by trial of the damages issue. IT IS FURTHER ORDERED that Count XII of Defendants Second Amended Answer and Counterclaim is DISMISSED. 85 Signed by Judge Jean C. Hamilton on 11/15/07. (CLA, )
December 4, 2007
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MEMORANDUM AND ORDER : ORDERED that Plaintiffs Motion to Amend (Doc. No. 105) is DENIED. 105 Signed by Honorable Jean C. Hamilton on 12/4/07. (CEL)
January 28, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in Plaintiff's favor on Counts II, III, IV, V, and VI of the Complaint in the amount of $1,051,313.74. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is entered in Defendant's favor on Counts VI, VII, VIII, and IX of the Second Amended Counterclaim in the amount of $3,825.22. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff and Defendant are granted until Friday, February 8, 2008, in which to file briefs addressing the merits of their claims for pre-judgment interest, court costs, attorneys fees, and any other relief necessary to terminate this controversy. The parties shall articualte the precise values, and to the extent necessary the method of calculation, of their various claims. The parties shall then have until Friday, February 15, 2008, in which to file a response. A separate order of judgment will accompany this Findings of Fact and Conclusions of Law. Plaintiff/Defendant Briefs due 2/8/08. Response to Court due by 2/15/2008. Signed by Honorable Jean C. Hamilton on 1/28/08. (MJM)
January 28, 2008
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JUDGMENT IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in Plaintiff's favor on Counts II, III, IV, V, and VI of the Complaint in the amount of $1,051,313.74. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is entered in Defendant's favor on Counts VI, VII, VIII, and IX of the Second Amended Counterclaim in the amount of $3,825.22. SEE JGMT FOR DETAILS. Signed by Honorable Jean C. Hamilton on 1/28/08. (MJM)
February 27, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Amend Judgment 153 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Prejudgment Interest, Attorney's Fees, and Costs 151 is GRANTED in part and DENIED in part. Plaintiff is awarded $68,742.40 in prejudgment interest and $8,851.94 in costs. IT IS FURTHER ORDERED that if Defendant fails to fully satisfy the Judgment(s) against it within ninety (90) days of this Order, all rights, title, and ownership of the property secured under the Writ of Attachment 4 shall immediately transfer to Plaintiff, and the remaining judgment will be reduced by the reasonable value of the attached property. The reasonable value will be determined by an independent, qualified appraiser of Plaintiff's choosing. Alternatively, if Defendant fully satisfies the Judgment(s) within ninety days (90) of this Order, Defendant is entitled to secure and obtain possession of the attached property from Plaintiff's facilities at Defendant's expense. Signed by Honorable Jean C. Hamilton on 2/27/08. cc: Finance (TRC)