Oguejiofo et al v. Open Text Corporation, No. 1:2009cv01278 - Document 54 (S.D.N.Y. 2010)
Court Description: OPINION re: 51 MOTION to Strike Document No. [46 and 48] filed by Open Text Corporation, 39 MOTION to Amend/Correct filed by Pima Systems, Dominic Oguejiofo, 43 MOTION to Strike, MOTION to Compel Arbitration filed by Open Text Corporation, 42 MOTION to Amend/Correct filed by Dominic Oguejiofo. Upon the facts and conclusions set forth above, Plaintiffs' motion for reconsideration or alteration is denied, Plaintiffs' motion for leave to amend is denied as to Pima and granted as to Oguejiofo, Defendant's cross-motion to compel arbitration is denied as to Oguejiofo and denied as moot as to Pima, and Defendant's remaining motions are denied. Oguejiofo is directed to file an amended complaint excluding Pima. It is so ordered. (Signed by Judge Robert W. Sweet on 5/7/2010) (tve)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOMINIC OGUEJIOFO and PIMA SYSTEMS, Plaintiffs, 09 Civ. 1278 (RWS) -against- OPINION OPEN TEXT CORPORATION, Defendant. ...................................... A P P E A R A N C E S : , ELECTKONlCFLLY FILED , Attorneys for Plaintiffs DKIE FILED:,%\C)-I MADUEGBUNA COOPER LLP 110 Wall Street. 11th Floor New York, NY 10005 . By: Samuel 0 Maduegbuna, Esq. Attorneys for Defendant LOEB & LOEB LLP 345 Park Avenue New York, NY 10154 By: Manny J. Caixeiro, Esq. LOEB & LOEB LLP 321 North Clark Street, Suite 2300 Chicago, IL 60654 By: Timothy J. Carroll, Esq. u S w e e t , D. J. Plaintiffs Dominic Oguejiofo ("Oguejiofo" or the "Plaintiff") and Pima Systems ('Pima") (collectively, the "Plaintiffs") have moved for reconsideration or alteration of this Court's October 14, 2009 Opinion, pursuant to Local Civil Rule 6.3 and Fed. R. Civ. P. Rules 59(e) and 60 (c), and for leave to file an amended complaint, pursuant to Fed. R. Civ. P. Rule 15(a). Defendant Open Text Corporation ("Open Text" or the "Defendant") has crossmoved to compel arbitration of Plaintiffs' claims and to strike the Declaration of Oguejiofo, and moved to strike the Reply Declaration of Oguiejiofo and the Declaration of Samuel 0. Maduegbuna ("Maduegbuna"), Plaintiffs' counsel. Upon the facts and conclusions set forth below, Plaintiffs' motion for reconsideration or alteration is denied, Plaintiffs' motion for leave to amend is denied as to Pima and granted as to Oguejiofo, Defendant's cross-motion to compel arbitration is denied as to Oguejiofo and denied as moot as to Pima, and Defendant's remaining motions are denied.
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