Sustainable Sourcing, LLC v. Brandstorm, Inc. et al

Filing 42

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows; The Motion to Dismiss (Dkt. No. 10 ) is hereby ALLOWED, in part, as to Counts II and III. The facts as set forth in the complaint do not support any claim against Defendants apart fr om the claim contained in Count I, which asserts copyright violation. The Motion to Dismiss is hereby DENIED, without prejudice, as to Count I. This ruling will permit counsel to pursue possible settlement of this case, and if necessary, jurisdiction al discovery. A schedule for this is set forth in the attached memo and order. The Motion to Strike (Dkt. No. 34 ) is hereby DENIED. Counsel will submit a joint report to the court no later than December 28, 2012 regarding efforts at resolution of this case. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
SUSTAINABLE SOURCING, LLC,
Plaintiff

)
)
)
) C.A. No. 12-cv-30093-MAP
)
)
)

v.
BRANDSTORM, INC., ET AL,
Defendants

MEMORANDUM AND ORDER REGARDING
DEFENDANTS’ MOTION TO DISMISS
AND MOTION TO STRIKE
(Dkt. Nos. 10 & 34)
November 27, 2012
PONSOR, U.S.D.J.
Counsel appeared before this court on November 26, 2012
for argument on Defendants’ Motions to Dismiss and to Strike.
The Motion to Dismiss (Dkt. No. 10) is hereby ALLOWED, in
part, as to Counts II and III.

The facts as set forth in the

complaint do not support any claim against Defendants apart
from the claim contained in Count I, which asserts copyright
violation.
The

Motion

to

Dismiss

prejudice, as to Count I.

is

hereby

DENIED,

without

This ruling will permit counsel to

pursue possible settlement of this case, and if necessary,
jurisdictional discovery.

A schedule for this is set forth

below.
The Motion to Strike (Dkt. No. 34) is hereby DENIED.

Counsel will submit a joint report to the court no later
than December 28, 2012 regarding efforts at resolution of this
case.

The report will be authored by counsel for Plaintiff

but will constitute the joint report of the parties.

The

report may indicate that the parties have been able to resolve
the case, in which case the court will issue a sixty-day order
of dismissal allowing time to tie up paperwork before the case
is finally closed.
The report may also report that the case has not been
resolved, in which case the schedule set forth below will kick
in.

Finally,

the

report

may

indicate

that

counsel

need

additional, specified time to continue discussions with regard
to

possible

resolution.

The

court

will

be

generous

in

allowing this additional time.
In the event that counsel report that they are unable to
settle the case, the court will permit limited jurisdictional
discovery. Along these lines, counsel for Plaintiff may serve
interrogatories

and

requests

for

production

seeking

jurisdictional information no later than January 14, 2013.

A

deposition, or if necessary depositions, may be noticed to
begin by February 18, 2013 and to conclude no later than March
15, 2013.
Plaintiff’s supplemental opposition to Defendants’ Motion
to Dismiss based on lack of personal jurisdiction will be
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filed on or before March 29, 2013.

Defendants’ reply will be

filed on or before April 12, 2013.
Once memoranda are received, the court will either rule
on the pending motion without further oral argument, or will
set a date for a further hearing.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
United States District Judge

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