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16-238 - Lizard Apparel and Promotions LLC v. Impact Design LLC et al


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16-238 - Lizard Apparel and Promotions LLC v. Impact Design LLC et al
July 5, 2016
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AGREED ORDER RESOLVING MOTION FOR TEMPORARY RESTRAINING ORDER. RE: 3 - The parties hereby agree that Plaintiff was granted access on June 27, 2016 and will continue to be provided access to the webstores listed in the attached Exhibit A that are operated by Defendant. Said access is client administrative access to the webstores including access to payroll deductions data, allotment data, employee data, sales transactions data, reporting, and financial information from the listed webstores. Access will continue to be provided as it has previously been until July 15, 2016 at 11 :59 p.m. eastern time. Access will be granted specifically for Signature Healthcare including Silver Angels and SCH Medical Partners/Integritas (hereinafter "Signature"). Access to the Signature webstore will remain in place to July 30, 2016 at 11 :59 p.m. due to Signature's required later transition date. If Signature transitions occur before July 30, 2016 then Plaintiff shall notify 72 hours before the transition date. Further, until that date, except for operating the webstores in their ordinary course of business, Defendant shall not change the content of the webstores without the prior written consent of Plaintiff. After July 15, 2016 and until July 30, Defendant shall continue to maintain and provide to Plaintiff, for each such webstore, the data described above pertaining to the period up to July 15, 2016. If either party breaches this agreement, then counsel for the party shall provide written 24 hour notice of the breach before filing a motion with this court to enforce the terms of this order. Should the breach remain uncured after the 24 hour period from deliver of the notice then the party seeking compliance may file a motion with the court. IT IS HEREBY ORDERED. Signed by Judge Walter H. Rice on 7/5/2016. (srb)
May 11, 2017
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DECISION AND ENTRY SUSTAINING DEFENDANTS IMPACT DESIGN LLC, d/b/a ALLCUSTOMWEAR.COM, AND JOSHUA BATZ'S MOTION TO DISMISS CLAIMS II, Ill, IV, V, VI, VIII AND IX OF PLAINTIFFS LIZARD APPAREL AND PROMOTIONS, LLC, AND ELIZABETH L. LYBROOK'S SECOND AMENDED COMPLAINT (DOC. #33); CLAIMS II (DETRIMENTAL RELIANCE/PROMISSORY ESTOPPEL), Ill (UNJUST ENRICHMENT), IV (TORTIOUS INTERFERENCE WITH CONTRACT, V (ACCOUNTING), VI (BREACH OF FIDUCIARY DUTY}, VIII (PUNITIVE DAMAGES) AND IX (INJUNCTIVE RELIEF) OF THE SECOND AMENDED COMPLAINT (DOC. #29) ARE DISMISSED WITH PREJUDICE, AND JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS ON THOSE CLAIMS; PLAINTIFFS' PRAYER FOR INJUNCTIVE RELIEF IS STRICKEN; PLAINTIFFS MAY, WITHIN FOURTEEN DAYS OF THIS ENTRY, FILE A THIRD AMENDED COMPLAINT THAT SETS FORTH AN APPROPRIATE PRAYER FOR INJUNCTIVE RELIEF; PLAINTIFFS' CLAIMS ONE (BREACH OF CONTRACT} AND SEVEN (DEFAMATION) AGAINST DEFENDANTS SHALL PROCEED TO DISCOVERY. Signed by Judge Walter H. Rice on 5/11/17. (pb)
July 19, 2017
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ORDER OF DISMISSAL; TERMINATION ENTRY - The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the parties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated.. Signed by Judge Walter H. Rice on 7/19/17. (pb)