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13-1195 - Champion Foodservice, LLC v. Vista Food Exchange, Inc. et al


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13-1195 - Champion Foodservice, LLC v. Vista Food Exchange, Inc. et al
August 7, 2013
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Memorandum Opinion and Order Denying defendant Joshua Newman's Motion to dismiss for lack of jurisdiction. (Related Doc # 13). Signed by Judge David D. Dowd, Jr. on 8/6/2013. (M,De)
August 7, 2013
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Memorandum Opinion and Order Denying Defendants' Matthew Gibson and Innovative Food Service, LLC's Motion to dismiss (Related Doc # 14); and Denying Defendants' Joshua Newman and Vista Food Exchange, Inc.,'s Motion to dismiss (Related Doc # 15). The Court establishes the following case management plan: fact and expert discovery closes November 30, 2013; dispositive motions are due December 30, 2013; responses are due January 17, 2014; replies are due January 31, 2014. In addition, if Plaintiff intends to file a motion for injunctive relief, it must do so by August 30, 2013. Signed by Judge David D. Dowd, Jr. on 8/6/2013. (M,De)
June 17, 2015
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Memorandum Opinion and Order: Vista's and Gibson's motions to dismiss are denied. (Doc. Nos. 405, 413.) Vista's motion for an expedited briefing schedule and hearing is moot, and the motion to continue the discovery deadline pending the Court's ruling on the motion to dismiss is denied. (Doc. No. 406.) The directives, dates and deadlines established in the Court's prior orders, including the discovery and dispositive motions deadline, remain unchanged and in effect. Judge Sara Lioi on 6/17/2015. (P,J)
November 16, 2015
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Memorandum Opinion and Order: Plaintiff's objection (Doc. No. 503) to the order of the magistrate judge (Doc. No. 499) is sustained in part and overruled in part. Additionally, the issue of the amount of reimbursement to which Vista is entitled for the re-deposition of Champion's Rule 30(b)(6) witness is remanded to the magistrate judge for further consideration. Judge Sara Lioi on 11/16/2015. (P,J)
November 16, 2015
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Memorandum Opinion and Order: Defendants' objections (Doc. Nos. 520, 521) are overruled, and defendants' motions to exclude plaintiff's lost profits claim are denied without prejudice and with leave to reassert those arguments in an appropriate motion--that is, in a combined motion for summary judgment and sanctions. Judge Sara Lioi on 11/16/2015. (P,J)
August 23, 2016
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Memorandum Opinion and Order: Defendants' motions to exclude evidence of Champion's lost profits claim with respect to the OAFB 2013 and 2014 summer backpack programs, and OAFB 2014 summer IMD program, as a sanction for plaintiff's failure to fulfill its obligations under the Federal Rules and for its violations of the Court's order regarding lost profits discovery, are granted. Accordingly, Champion is precluded from making any reference to, or presenting at trial any testimony, evidence, or argument, concerning alleged lost profits and/or damages with respect to any of the OAFB contracts at issue in this case. (Related Doc # 539, 545). Judge Sara Lioi on 8/23/2016. (P,J)
August 24, 2016
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]. Judge Sara Lioi on 8/24/2016. (P,J)Memorandum Opinion and Order: (1) Defendants' motions for summary judgment on plaintiff's first claim for relief--breach of fiduciary duty--are granted, and plaintiff's motion is denied; (2) Defendants' motions for summary judgment on plaintiff's second claim for relief--misappropriation of trade secrets--are granted, and plaintiff's motion is denied; (3) Defendants' motions for summary judgment on plaintiff's third claim for relief--tortious interference--are granted, and plaintiff's motion is denied; (4) Defendants' motions for summary judgment on plaintiff's fourth claim for relief--fraud--are granted, and plaintiff's motion is denied; (5) The parties' motions for summary judgment on plaintiff's seventh claim for relief--conversion--are granted in part and denied in part. Defendants' motions as to plaintiff's claim for conversion of information on the laptop is granted, and plaintiff's motion regarding the same is denied. The parties' motions as to conversion of the laptop (and vehicle and keys, to the extent the parties' sought summary judgment on these items) are denied; (6) The defendants' motions for summary judgment on plaintiff's fifth claim for relief--civil conspiracy--are granted, and plaintiff's motion is denied; (7) The parties' motions for summary judgment on the Gibson defendants' counterclaim for breach of contract and unjust enrichment are denied; (8) The Gibson defendants' motion to amend the counterclaim with respect to the counterclaims for breach of contract and unjust enrichment is denied; (9) The Gibson defendants' motion withdraw the motion to amend the counterclaim with respect to the indemnification counterclaim is granted; (10) Plaintiff's motion for summary judgment on the Gibson defendants' counterclaim for indemnification is granted. (Related Doc. Nos. 527, 539, 545, 547, [668