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15-1536 - Palomo v. DeMaio et al


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15-1536 - Palomo v. DeMaio et al
January 30, 2017
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MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to Dismiss (Dkt. No. 13) is GRANTED in part as to Plaintiffs trespass to chattels and conspiracy to commit trespass to chattels claims, and DENIED in part as to Plaintiffs conversion, conspiracy to commit conversion, replevin, and tortious interference with prospective economic advantage claims, and as to Defendants motion to dismiss Magic Circle Music, Ltd. as a defendant. Signed by Senior Judge Lawrence E. Kahn on January 30, 2017. (sas)
December 4, 2017
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MEMORANDUM-DECISION AND ORDERED, that Counter-Defendants Motion to Dismiss (Dkt. No. 45) is GRANTED in part and DENIED in part; and it is further ORDERED, that the following portions of Counter-Plaintiffs breach of contract counterclaim survive Counter-Defendants Motion: (1) breach of the 2011 Agreement; (2) allegations regarding breach of the 2007, 2009, and 2010 Agreements made by counter-plaintiff Magic Circle Music, Ltd.; (3) allegations regarding breach of the 2007 NDA made by counter-plaintiffs Magic Circle Music, Ltd., God of Thunder Productions, Ltd., and Circle Song Music, LLC; and (4) allegations regarding breach of the 2010 NDA made by counter-plaintiffs Magic Circle Music, Ltd., God of Thunder Productions, Ltd., Circle Song Music, LLC, and Magic Circle Films International, Ltd.; and it is further ORDERED, that all other allegations regarding breach of the 2007, 2009, and 2010 Agreements and of the 2007 and 2010 NDAs and Counter-Plaintiffs counterclaim for injunctive relief are DISMISSED; and it is further ORDERED, that (1) the unjust enrichment counterclaim survives Counter-Defendants Motion; and it is further ORDERED, that Counter-Plaintiffs Amendment Motion (Dkt. No. 83) is DENIED. Signed by Senior Judge Lawrence E. Kahn on December 04, 2017. (sas)
October 19, 2018
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DECISION AND ORDERED, that the Text Order (Dkt. No. 171) is VACATED to the extent that it decided the Motion to Seal (Dkt. No. 146); and it is further ORDERED, that the Motion to Seal (Dkt. No. 146) is GRANTED as to Exhibits 10, 33, and 34 to Sergio Fransisco Puebla Palomo's affidavit, and Exhibits 5 and 6 to Benjamin Klebaoff's affidavit, and any non-public personally identifying information of third parties, and DENIED in all other respects; and it is furtherORDERED, that Plaintiff shall file all exhibits to his Motion for Summary Judgment by October 25, 2018. The exhibits must be numbered consistently with previous filings and the citations in the parties summary judgment papers, including the previously filed placeholders. All exhibits shall be filed publicly, except Exhibits 10, 33, and 34 to Sergio Francisco Puebla Palomos affidavit, and Exhibits 5 and 6 to Benjamin Klebaoffs affidavit, which must be filed under seal unless Defendants agree they may be made public. In addition, personal identifying information, email addresses, mailing addresses, and phone numbers not already public, must be redacted from the any exhibits before they are filed publicly.Any other redactions to exhibits on the USB drive submitted to the Court may remain Signed by Senior Judge Lawrence E. Kahn on October 19, 2018. (sas)