Viahart, LLC v. Creative Kids Online, LLC et al

Filing 202

ORDER denying 164 Motion for Summary Judgment; granting in part and denying in part 164 Motion to Dismiss; granting 164 Motion to Strike document 164 MOTION for Summary Judgment . MOTION to Dismiss Defendants' Counte rclaims. MOTION to Strike Defendants' Defense. filed by Viahart, LLC from the record. As stated on the record during the conference held on November 13, 2023, Plaintiff's consolidated motion is ruled on as follows: Plaint iff's motion for summary judgment is denied in full, Plaintiff's motion to dismiss Defendants' counterclaims is granted in part and denied in part, and Plaintiff's motion to strike Defendants' defense of unclean hands is gr anted. Dkt. No. 164. As also stated on the record at the November 13 conference, Defendant's motion for summary judgment is denied in full. Dkt. No. 131. An order scheduling trial will issue separately. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 164. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/14/2023) (tg)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------- X : VIAHART, LLC, : : Plaintiff, : : -v – : : CREATIVE KIDS ONLINE, LLC, et al., : : Defendants. : : ----------------------------------------------------------------- X GREGORY H. WOODS, United States District Judge: USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED: 11/14/2023 1:20-cv-9943-GHW ORDER As stated on the record during the conference held on November 13, 2023, Plaintiff’s consolidated motion is ruled on as follows: Plaintiff’s motion for summary judgment is denied in full, Plaintiff’s motion to dismiss Defendants’ counterclaims is granted in part and denied in part, and Plaintiff’s motion to strike Defendants’ defense of unclean hands is granted. Dkt. No. 164. As also stated on the record at the November 13 conference, Defendant’s motion for summary judgment is denied in full. Dkt. No. 131. An order scheduling trial will issue separately. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 164. SO ORDERED. Dated: November 14, 2023 New York, New York __________________________________ GREGORY H. WOODS United States District Judge

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