Marvel Worldwide, Inc. et al v. Kirby et al, No. 1:2010cv00141 - Document 121 (S.D.N.Y. 2011)

Court Description: MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' #100581 CROSS MOTION FOR SUMMARY JUDGMENT. For the reasons discussed in this memorandum opinion and order, the Plaintiffs' motion for summary judgment is granted. The Defendants' cross motion for summary judgment is denied. The Docket Clerk is instructed to remove docket entries 60 and 73 from the Court's list of pending motions. Further, the Plaintiffs' motions to strike the expert reports of Mark Evanier and John Morrow are granted. The Docket Clerk is instructed to remove docket entries 67 and 70 from the Court's list of pending motions. Plaintiffs' motion to strike the declarations of Sinnott and Steranko is denied. The Docket Clerk is instructed to remove docket entry 111 from the Court's list of pending motions. The Court will enter judgment in favor of Plaintiffs and close the case. (Signed by Judge Colleen McMahon on 7/28/11) Copies Sent By Chambers via ECF to All Counsel. (rjm) Modified on 7/28/2011 (ajc). (Entered: 07/28/2011)