L-7 Designs, Inc v. Old Navy, LLC, No. 1:2009cv01432 - Document 40 (S.D.N.Y. 2010)

Court Description: AMENDED OPINION:#98464 For the reasons set forth above, Old Navy's motion for judgment on the pleadings is granted and the Complaint is dismissed, with prejudice and with costs. Old Navy did not request relief on its motion with respect to its counterclaims, which include a claim, for example, that L-7 breached its obligations under the CSA. Old Navy shall advise the Court in writing within three business days whether it wishes to pursue the counterclaims, in light of the granting of its m otion for judgment on the pleadings. If not, the Court will dismiss the counterclaims without prejudice to re-filing in the event L-7 appeals and this decision is reversed. There is pending a motion by L-7 to compel discovery. The motion is denied as moot, although the motion may be renewed if Old Navy proceeds with its counterclaims and discovery is required. (Signed by Judge Denny Chin on 1/21/2010) (jpo) Modified on 1/22/2010 (ajc).