Mindspirit, LLC et al v. Evalueserve Ltd., No. 1:2015cv06065 - Document 90 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER: re: 78 MOTION for Summary Judgment Notice of Motion. filed by Evalueserve Ltd., 73 MOTION for Summary Judgment . filed by Mindspirit, LLC. For the reasons stated above, Evalueserve's motion for summary judgment is granted as to Mindspirit's unjust enrichment claim, but it is otherwise denied. Mindspirit's cross-motion for partial summary judgment is granted as to Evalueserve's illegality defense, but is otherwise d enied. The Clerk of Court is directed to terminate motions. (Dkt. Nos. 73, 78) This case will proceed to trial on Monday, January 14, 2019, at 9:30 a.m. The parties are directed to comply with this Court's Individual Rules concerning the prepara tion of a pre-trial order. The joint pre-trial order, motions in limine, proposed voir dire, and requests to charge are due on December 3, 2018. Responsive papers, if any, are due on December 17, 2018. So Ordered (Signed by Judge Paul G. Gardephe on 9/30/2018) (js)