Argentum Risk Partners LLC v. Schaeffer

Filing 122

OPINION & ORDER re: 109 MOTION for Summary Judgment . filed by B.P. Schaeffer Holdings LLC, Brad Schaeffer, 110 MOTION for Summary Judgment . filed by Argentum Risk Partners LLC, B.P. Schaeffer Holdings LLC, Brad Sc haeffer, 111 MOTION for Summary Judgment Opposition. filed by Argentum Risk Partners LLC, 113 MOTION for Summary Judgment Corrected Filing to DKT #108. filed by Argentum Risk Partners LLC. The Court held oral argument on the parties' motions for summary judgment on March 26, 2024. For the reasons stated on the record at the March 26, 2024 conference, Defendants' motion for summary judgment (ECF 110) is GRANTED IN PART and DENIED IN PART as follows: Defe ndants' motion for summary judgment is granted as to Count VII of Plaintiff's Second Amended Complaint (misappropriation of trade secrets); and as to Count III of Defendants' counterclaims (conversion). Defendants' motion for s ummary judgment is denied in all other respects. Plaintiff's motion for summary judgment (ECF 113) is DENIED in its entirety. In accordance with this Opinion & Order, Count VII of Plaintiff's Second Amended Complaint (ECF 66) is hereby DIS MISSED. The parties are further directed to meet and confer about whether further settlement discussions would be productive in light of this opinion. In the alternative, the parties should prepare for trial on the remaining claims and counterclaims. The parties are directed to file a letter as to their intentions by Wednesday, May 1, 2024. The Clerk of Court is respectfully directed to close ECF Nos. 109, 110, 111, and 113. (Signed by Magistrate Judge Ona T. Wang on 3/26/2024) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
:
:
Plaintiff,
:
:
-against:
BRAD SCHAEFFER, B.P. SCHAEFFER HOLDINGS :
LLC,
:
:
Defendants,
:
ARGENTUM RISK PARTNERS LLC,

No. 19-CV-1622 (OTW)
OPINION & ORDER

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ONA T. WANG, United States Magistrate Judge:
The Court held oral argument on the parties’ motions for summary judgment on March
26, 2024. For the reasons stated on the record at the March 26, 2024 conference, Defendants’
motion for summary judgment (ECF 110) is GRANTED IN PART and DENIED IN PART as follows:
•

Defendants’ motion for summary judgment is granted as to Count VII of Plaintiff’s
Second Amended Complaint (misappropriation of trade secrets); and as to Count III
of Defendants’ counterclaims (conversion).

•

Defendants’ motion for summary judgment is denied in all other respects.

Plaintiff’s motion for summary judgment (ECF 113) is DENIED in its entirety.
In accordance with this Opinion & Order, Count VII of Plaintiff’s Second Amended
Complaint (ECF 66) is hereby DISMISSED.
The parties are further directed to meet and confer about whether further settlement
discussions would be productive in light of this opinion. In the alternative, the parties should

prepare for trial on the remaining claims and counterclaims. The parties are directed to file a
letter as to their intentions by Wednesday, May 1, 2024.
The Clerk of Court is respectfully directed to close ECF Nos. 109, 110, 111, and 113.

SO ORDERED.
Dated: March 26, 2024
New York, New York

s/ Ona T. Wang
Ona T. Wang
United States Magistrate Judge