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13-3720 - AMERICAN DIABETES ASSOCIATION v. THE FRISKNEY FAMILY TRUST, LLC et al


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13-3720 - AMERICAN DIABETES ASSOCIATION v. THE FRISKNEY FAMILY TRUST, LLC et al
April 6, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/6/16. 4/6/16 ENTERED & E-MAILED.(fdc)
April 6, 2016
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MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' COUNTERCLAIMS [#53] IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF ON DEFENDANTS' COUNTERCLAIMS FOR BREACH OF CONTRACT (COUNT I) AND REVERSE DOMAIN NAME HIJACKING (COUNT II). DEFENDANTS' ROBERT FRISKNEY AND THE FRISKNEY FAMILY TRUST, LLC'S MOTION FOR SUMMARY JUDGMENT ON LIABILITY [#62] IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED SUCH THAT JUDGMENT IS ENTERED IN FAVOR OF ROBERT FRISKNEY AND THE FRISKNEY FAMILY TRUST, LLC ON PLAINTIFF'S COMMON LAW UNFAIR COMPETITION CLAIM (COUNT V). THE MOTION IS DENIED IN ALL OTHER RESPECTS. IN LIGHT OF THIS COURT'S ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF ON DEFENDANTS' BREACH OF CONTRACT COUNTERCLAIM (COUNT I), AND PURSUANT TO FRCP 56(f)(1), WHICH STATES THAT "[A]FTER GIVING NOTICE AND A REASONABLE TIME TO RESPOND, THE COURT MAY...GRANT SUMMARY JUDGMENT FOR A NONMOVANT," DEFENDANTS ROBERT FRISKNEY AND THE FRISKNEY FAMILY TRUST, LLC, SHALL, WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, SHOW CAUSE AS TO WHY JUDGMENT IN FAVOR OF PLAINTIFF ON ITS BREACH OF CONTRACT CLAIM (COUNT I) SHOULD NOT BE ENTERED. DEFENDANT MEDVANTAGE PLUS, LLC'S MOTION FOR SUMMARY JUDGMENT [#68] IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED SUCH THAT JUDGMENT IS ENTERED IN FAVOR OF MEDVANTAGE ON PLAINTIFF'S COMMON LAW UNFAIR COMPETITION CLAIM (COUNT V). THE MOTION IS DENIED IN ALL OTHER RESPECTS. PLAINTIFF'S MOTION IN LIMINE [#79] IS DENIED AS MOOT. DEFENDANTS' MOTION FOR LEAVE TO FILE A POST-ARGUMENT MEMORANDUM [#89] IS DENIED FOR THE REASONS SET FORTH IN THIS COURT'S ACCOMPANYING MEMORANDUM OPINION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/6/16. 4/6/16 ENTERED & E-MAILED.(fdc)