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11-1013 - Ranieri v. Adirondack Development Group, LLC et al


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11-1013 - Ranieri v. Adirondack Development Group, LLC et al
March 27, 2013
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DECISION & ORDER denying as moot #59 Prime Defendants' first motion to Dismiss the complaint; and granting #23 Prime Defendants' motion to dismiss the Amended Complaint against them. Plaintiff's complaint against Defendants Prime Companies, LLC; Paragon Prime Funding; Prime Land Development, LLC; and Capital Closing Services, LLC is dismissed. Signed by Judge Glenn T. Suddaby on 3/27/13. (lmw)
February 22, 2016
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DECISION AND ORDER granting in part and denying in part #93 Plaintiff's Motion for Summary Judgment. Plaintiff is granted summary judgment with respect to liability on the following claims: (1) copyright infringement with respect to the Vly Point and Jordan Point designs (Counts Two and Three) against all of the individual Adirondack and Northstar Defendants, except Paul Hodorowski, J. Luk Construction Co. and Stephen Lamb; and (2) contributory copyright infringement with respect to the Vly Point and Jordan Point designs (Count Four) against all of the individual Adirondack Defendants, except Defendants Paul Hodorowski, J. Luk Construction Co. and the Northstar Defendants. #97 Northstar Defendants' Motion for Summary Judgment is granted in part and denied in part; #98 C.B. Prime and Defendant Kenneth Raymond's Motion for Summary Judgment is granted in part and denied in part; and #101 Adirondack Defendants' Motion for Summary Judgment is granted in part and denied in part. The following seven claims survive these motions for summary judgment: (1) Plaintiff's copyright infringement claims, including contributory copyright infringement claim, against C.B. Prime (Counts One through Four); (2) Plaintiff's claim for copyright infringement with respect to the Admiral's Walk design (Count One) against all Defendants, except Defendants Raymond, Lamb, Paul Hodorowski and J. Luk Construction; (3) Plaintiff's claim for contributory copyright infringement with respect to the Admiral's Walk design (Count Four) against all Defendants, except the Northstar Defendants and Defendants Raymond, Lamb, Paul Hodorowski and J. Luk Construction; (4) Plaintiff's breach of contract claim (Counts Six and Seven) against Adirondack Development Group, LLC and Hodorowski Homes, LLC; (5)Plaintiff's claim for unjust enrichment (Count Nine) against all remaining defendants; (6) Plaintiff's claim for account stated (Count Thirteen) against all remaining defendants; and (7) Plaintiff's claim for quantum meruit (Count Fourteen) against all remaining defendants. Counsel are directed to appear on 3/24/16 at 11:30 am in Syracuse, NY for a pretrial conference, at which time, counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiff is directed to forward a written settlement demand to the Defendants no later than 3/14/16, and the parties are directed to engage in meaningful settlement negotiations prior to the conference. Signed by Chief Judge Glenn T. Suddaby on 2/22/16. (lmw)