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16-2752 - LG Capital Funding, LLC v. 5Barz International, Inc.


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16-2752 - LG Capital Funding, LLC v. 5Barz International, Inc.
March 31, 2018
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ORDER granting in part and denying in part 47 Motion for Summary Judgment. For the reasons set forth in the attached memorandum & order, plaintiff's motion for summary judgment is GRANTED in part and DENIED in part as follows: (1) Plaintiff's motion for summary judgment as to the complaint's fifth claim, for conversion, is DENIED, and the claim is dismissed as duplicative of plaintiff's breach of contract claim; (2) plaintiff's motion for summary judgment as to liability with respect to the complaint's second claim, for breach of contract, is GRANTED, and defendant is liable to plaintiff for its failure to perform under the Note, as well as for attorneys' fees; (3) plaintiff's motion for summary judgment as to damages is DENIED without prejudice to plaintiff's ability to renew its motion upon supplementing the record with the information necessary to calculate plaintiff's actual damages under New York law as set forth in the memorandum and order; (4) plaintiff's motion for summary judgment is DENIED to the extent it seeks an open-ended and unsubstantiated award of attorneys' fees, without prejudice to plaintiff's ability to renew its motion after the issue of damages is resolved and upon supplementing the record with the information necessary to determine the reasonableness of fees sought.Within seven (7) days of entry of this order, the parties shall submit a joint letter (i) indicating what, if any, briefing will be necessary on the issue of damages and (ii) setting forth a proposed schedule for that briefing. Ordered by Judge Kiyo A. Matsumoto on 3/31/2018. (Flores, Diego)