Case Details

CourtSouthern District of New York
Docket number1:13-cv-02164
Date case filed2013-04-02
Date case closed
Date of latest filing2013-07-26
Assigned to
Case cause28:1332 Diversity-Account Receivable
Nature of suitContract: Other
Jury demand

Case Parties

None listed

Case Docket

Date FiledDocument
Long Description
272013-10-25 OPINION & ORDER re: 14 MOTION to Dismiss the First Amended Complaint. filed by Thomas Ruscica, Stephen Mitchell, Designlush, Inc. For the reasons stated above, defendants motion to dismiss is granted solely as to the portion of the claim in Count Five for conversion that relates to Shivelys $1 million investment. The balance of the conversion claim, alleging conversion of the Shively Design Work, remains. Defendants motion to dismiss is denied as to the other three causes of actio n which defendants have sought to dismiss. The Clerk of Court is respectfully directed to terminate the motion at docket number 14. At argument, the Court ordered that fact discovery would close on February 10, 2014 and that the next conference with the Court would be held on March 14,2014. Pursuant to the Court's Individual Rules, if a party wishes to move for summary judgment it must, by February 24, 2014, submit a letter not to exceed three pages in length, setting forth the basis for t he anticipated motion, including the legal standards governing the claims at issue. The other party shall respond similarly by February 27, 2014. The parties have not yet completed a Civil Case Management Plan. The Court directs them to meet and confer and to complete such a plan, consistent with the above deadlines, by November 7, 2013. A template is available on the Court's website. (Signed by Judge Paul A. Engelmayer on 10/24/2013) (djc)