Toto, Inc. v. Sony Music Entertainment, No. 1:2012cv01434 - Document 117 (S.D.N.Y. 2014)

Court Description: OPINION AND ORDER. For the reasons set forth above, the Court GRANTS SME's cross-motion, and denies Toto's motion, for summary judgment on Toto's breach of contract claim; and GRANTS Toto's motion, and denies SME's cross-moti on, for summary judgment on SME's declaratory judgment counterclaim. Because neither party addressed SME's remaining counterclaims for breach of contract and unjust enrichment in their summary judgment briefing, IT IS HEREBY ORDERED THAT th e parties shall submit a joint letter to the Court no later than October 29, 2014 concerning the next contemplated steps in this case. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 84 and 89. (Signed by Judge Richard J. Sullivan on 9/29/2014) (This Document was previously filed under seal in envelope doc. number 114 and unsealed pursuant to Order doc. no. 116). (rjm).