Therion Inc. v. Media By Design, Inc. et al
Filing 114
REPORT AND RECOMMENDATIONS re #82 Fully Briefed MOTION for Summary Judgment filed by Bluehost Inc., #86 Fully Briefed MOTION to Amend/Correct/Supplement #27 Answer to Complaint, Counterclaim filed by Bluehost Inc., #73 MOTION for Partial Summary Judgment filed by Therion Inc.: For the reasons contained in the attached Report & Recommendation, I recommend that defendant BlueHost's motion to amend its Answer and Counterclaim be denied and that the Terms of Service Agreement attached as Exhibit A to BlueHosts's Answer be deemed controlling in this action. I further recommend that both plaintiff's and BlueHost's motions for partial summary judgment be granted in part and denied in part. Specifically, I recommend that plaintiff's claim for conversion and BlueHost's counterclaim for breach of contract be dismissed. With respect to the remaining claims for breach of contract, misappropriation and copyright infringement, I find that genuine issues of material fact exist and recommend that those claims proceed to trial. Objections to R&R due by 11/29/2010. So Ordered by Magistrate Judge E. Thomas Boyle on 11/10/2010. (Minerva, Deanna)
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