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15-6360 - LPD New York, LLC v. Adidas America, Inc. et al


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15-6360 - LPD New York, LLC v. Adidas America, Inc. et al
August 25, 2016
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REPORT AND RECOMMENDATIONS re 24 MOTION for Partial Summary Judgment filed by LPD New York, LLC, 20 Motion to Dismiss for Failure to State a Claim filed by Adidas America, Inc. For the reasons stated, this Court recommends that defendant adidas Americas motion to dismiss under Rule 12(b)(6) of the FRCP be granted with respect to the breach of contract and declaratory judgment claims, and denied with respect to the defamation and unjust enrichment claims; plaintiff should be granted the opportunity to amend its complaint to include additional quasi-contractual claims. This Court also recommends that plaintiff's motion for partial summary judgment be denied. Any objections to the recommendations contained herein must be filed with Judge Brodie on or before September 12, 2016 ( see attached Report and Recommendation ). Objections to R&R due by 9/12/2016. Ordered by Chief Mag. Judge Roanne L. Mann on 8/25/2016. (Maynard, Pat)
March 27, 2017
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ORDER adopting 39 Report and Recommendations; granting in part and denying in part 20 Adidas America's Motion to Dismiss for Failure to State a Claim; denying 24 Plaintiff's Motion for Partial Summary Judgment; granting in part and denying in part 40 Adidas AG's Motion to Dismiss for Failure to State a Claim and For Lack of Jurisdiction. For the reasons set forth in the attached Memorandum and Order, the Court adopts Chief Magistrate Judge Roanne L. Mann's report and recommendation in its entirety and denies Adidas AG's separate motion to dismiss, which was filed after Judge Mann's R&R. The Court grants Plaintiff leave to amend and Plaintiff shall file an amended complaint, if any, asserting any quasi-contract claims it wishes to pursue within thirty (30) days of this Memorandum and Order. As to Adidas AG, Plaintiff is granted limited jurisdictional discovery. Ordered by Judge Margo K. Brodie on 3/27/2017. (Hawkins, Salah)
December 11, 2017
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ORDER denying 59 Motion for Reconsideration; denying 60 Motion for Reconsideration. For the reasons discussed in the attached Memorandum and Order, the Court denies the motion for reconsideration and declines to certify the contract formation issue for appeal to the Second Circuit. Ordered by Judge Margo K. Brodie on 12/11/2017. (Chu, Chan Hee)