S & L Vitamins, Inc. v. Australian Gold, Inc. Doc. 100 Case 2:05-cv-01217-JS-MLO Document 100 Filed 12/11/2006 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK S & L VITAMINS, INC., Plaintiff, - vs. ­ AUSTRALIAN GOLD, INC., Defendant. AUSTRALIAN GOLD, INC., Third Party Plaintiff, - vs. ­ LARRY SAGARIN AND JOHN DOES 110, Third Party Defendants. CIVIL ACTION NO. 05-CV-1217 (JS) (MLO) MOTION FOR SUMMARY JUDGMENT Plaintiff S&L Vitamins, Inc. and third party defendant Larry Sagarin, pursuant to Rules56 of the Federal Rules of Civil Procedure, hereby move the Court to enter a summary judgment in favor of movants on all counts of defendant's Amended Counterclaim and third party complaint and granting a declaratory judgment pursuant to the plaintiff's demand in the Complaint. Plaintiff and third Party Defendant submit the following documents in support of their motion 1. Proposed Order; 2. Memorandum of Law in Support of Motion; 3. Affirmation of Larry Sagarin; 4. Affirmation of Ronald D. Coleman, Esq., with the exhibits annexed thereto; 5. Statement Of Material Facts Regarding Which There Is No Genuine Dispute Pursuant To Dockets.Justia.com  Case 2:05-cv-01217-JS-MLO Document 100 Filed 12/11/2006 Page 2 of 2 Local Rule 56.1 (previously filed); and 6. Supplemental Statement Of Material Facts About Which There Is No Dispute Pursuant To Rule 56.1. By: ___/s/_________________ Ronald D. Coleman (RC 3875) BRAGAR WEXLER & EAGEL A Professional Corporation 885 Third Avenue ­ Suite 3040 New York, New York 10022 (212) 308-5858 Attorneys for Plaintiff S & L Vitamins, Inc. and Third Party Defendant Larry Sagarin Dated: December 11, 2006 2