Schei et al v. AT&T Inc. et al, No. 1:2021cv00718 - Document 155 (S.D.N.Y. 2023)
Court Description: ORDER granting in part and denying in part 130 Motion to Dismiss. For the reasons set forth in the Court's Opinion and Order filed under seal on March 22, 2023, Defendants' motion to dismiss is granted as to Plaintiffs' breach of contract and patent infringement claims and denied as to the Individual Plaintiffs' correction of inventorship claim. The parties are directed to file a joint letter suggesting proposed redactions to the Opinion by April 21, 2023, in accorda nce with Lugosch v. Pyramid Co. o f Onondaga, 435 F.3d 110 (2d Cir. 2006). Taking the parties' suggestions into consideration, the Court will then file a redacted version of the Opinion on the public docket. In addition, on or before April 21, 2023, the parties are directed to file a proposed Case Management Plan, and Defendants are directed to file an answer to the Complaint.The Clerk of Court is directed to terminate the pending motion at docket entry 130, and to terminate Network Apps, LLC as a Plaintiff in this case.SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/22/23) (yv)
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Schei et al v. AT&T Inc. et al Doc. 155 Case 1:21-cv-00718-KPF Document 155 Filed 03/22/23 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NETWORK APPS, LLC, a Washington limited liability company, KYLE SCHEI, and JOHN WANTZ, individuals, Plaintiffs, -v.21 Civ. 718 (KPF) AT&T MOBILITY LLC, a Delaware limited liability company and AT&T SERVICES, INC., a Delaware corporation, ORDER Defendants. KATHERINE POLK FAILLA, District Judge: AT&T Mobility LLC and AT&T Services, Inc. (“Defendants”) have moved to dismiss the Complaint in this action filed by Network Apps, LLC, Kyle Schei, and John Wantz (together with Kyle Schei, the “Individual Plaintiffs,” and collectively with Network Apps, LLC, “Plaintiffs”). For the reasons set forth in the Court’s Opinion and Order filed under seal on March 22, 2023, Defendants’ motion to dismiss is granted as to Plaintiffs’ breach of contract and patent infringement claims and denied as to the Individual Plaintiffs’ correction of inventorship claim. The parties are directed to file a joint letter suggesting proposed redactions to the Opinion by April 21, 2023, in accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Taking the parties’ suggestions into consideration, the Court will then file a redacted version of the Opinion on the public docket. In addition, on or before April 21, 2023, the Dockets.Justia.com Case 1:21-cv-00718-KPF Document 155 Filed 03/22/23 Page 2 of 2 parties are directed to file a proposed Case Management Plan, and Defendants are directed to file an answer to the Complaint. The Clerk of Court is directed to terminate the pending motion at docket entry 130, and to terminate Network Apps, LLC as a Plaintiff in this case. SO ORDERED. Dated: March 22, 2023 New York, New York KATHERINE POLK FAILLA United States District Judge 2
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