Nuance Communications, Inc. v. International Business Machines Corporation
Filing
263
ORDER: AND NOW, this 14th day of October, 2020, it is hereby ORDERED that the parties shall submit supplemental briefing on the following issues: Plaintiff shall submit a brief on the remedies issue and Defendant shall submit a brief on the statute o f limitations issue by October 29, 2020. Plaintiff shall submit a response brief on the statute of limitations issue and Defendant shall submit a response brief on the remedies issue by November 13, 2020. Each brief is not to exceed 20 double-spaced pages. And as set forth herein. AND IT IS SO ORDERED., ( Brief due by 10/29/2020., Responses due by 11/13/2020) (Signed by Judge Eduardo C Robreno on 10/14/2020) (ama)
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Case 7:16-cv-05173-ECR Document 263 Filed 10/14/20 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Nuance Communications, Inc.,
Plaintiff
v.
International Business
Machines Corporation,
Defendant.
:
:
:
:
:
:
:
:
:
CIVIL ACTION
NO. 16-5173
ORDER
AND NOW, this 14th day of October, 2020, it is hereby
ORDERED that the parties shall submit supplemental briefing on
the following issues:
1. Does the statute of limitations bar this suit?
Specifically, what level of knowledge triggers the
statute of limitations, and does either the
continuing breach doctrine or equitable estoppel
nullify the statute of limitations defense?
2. What remedies are appropriate? Specifically, is
specific performance barred by the clause in the
contract limiting liability to damages?
Plaintiff shall submit a brief on the remedies issue and
Defendant shall submit a brief on the statute of limitations
issue by October 29, 2020. Plaintiff shall submit a response
brief on the statute of limitations issue and Defendant shall
Case 7:16-cv-05173-ECR Document 263 Filed 10/14/20 Page 2 of 2
submit a response brief on the remedies issue by November 13,
2020. Each brief is not to exceed 20 double-spaced pages.
AND IT IS SO ORDERED.
_/s/ Eduardo C. Robreno_____
EDUARDO C. ROBRENO, J.
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