Marvel Worldwide, Inc. et al v. Kirby et al

Filing 123

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated July 28, 2011, Plaintiffs' motion for summary judgment is granted; defendants' cross-motion for summary judgment is denied; plaintiffs' motion to strike the expert reports of Mark Evanier and John Morrow are granted; plaintiffs' motion to strike the declarations of Sinnitt and Steranko are denied, and judgment is entered is favor of plaintiffs'; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/8/11) (Attachments: # 1 Notice of Right to Appeal)(dt)

USDCSDNY

DOCUMENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------)(
MARVEL WORLDWIDE, INC., MARVEL
CHARACTERS, INC. and MVL RIGHTS, LLC,
Plaintiffs,
-against-

ELECrRONICALLY FILED ·.
DOC#:
DATE FILED:

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i2'LJ/~

10 CIVIL 141 (CM)(KNF)
JUDGMENT

LISA R. KIRBY, BARBARA J. KIRBY,
NEAL L. KIRBY and SUSAN M. KIRBY,
Defendants.

------------------------------------------------------------)(
LISA R. KIRBY, BARBARA J. KIRBY,
NEALL. KIRBY and SUSAN M. KIRBY,
Counterclaim Plaintiffs,
-againstMARVEL WORLDWIDE, INC., MARVEL
CHARACTERS, INC., MVL RIGHTS, LLC,
MARVEL ENTERTAINMENT, INC., THE WALT
DISNEY COMPANY, and DOES 1 through 10,
Counterclaim Defendants.

------------------------------------------------------------)(
Plaintiffs having moved for summary judgment; defendants having cross-moved for
summary judgment, and the matter having come before the Honorable Colleen McMahon, United
States District Judge, and the Court, on July 28, 2011, having rendered its Memorandum Opinion
and Order granting plaintiffs' motion for summary judgment; denying defendants' cross-motion for
summary judgment; granting plaintiffs' motions to strike the expert reports of Mark Evanier and
John Morrow, denying plaintiffs' motion to strike the declarations of Sinnott and Steranko and
closing the case, it is,

ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the
Court's Memorandum Opinion and Order dated July 28, 2011, Plaintiffs' motion for summary
judgment is granted; defendants' cross-motion for summary judgment is denied; plaintiffs' motion

to strike the expert reports of Mark Evanier and John Morrow are granted; plaintiffs' motion to
strike the declarations of Sinnitt and Steranko are denied, and judgment is entered is favor of
plaintiffs'; accordingly, the case is closed.

Dated: New York, New York
August 8, 2011
RUBY J. KRAJICK

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THIS DOCUMENT WAS ENTERED
ONTHEDOCKETON ____~~