Adar Bays, LLC v. GeneSys ID, Inc., No. 1:2017cv01175 - Document 62 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 47 MOTION to Dismiss Notice to Dismiss Pursuant to FRCP 12(c). filed by GeneSys ID, Inc., 51 MOTION for Summary Judgment . filed by Adar Bays, LLC., The Court has considered all of the parties� 39; arguments. For the foregoing reasons, Plaintiff's motion for summary judgment on its breach of contract claim is GRANTED and Defendant's motion to dismiss is DENIED. Plaintiff's claims for unjust enrichment and anticipatory breac h are deemed abandoned. Plaintiff shall file its motion for attorneys' fees by October 22, 2018. Defendant shall file its response by November 26, 2018. Plaintiff's reply, if any, shall be due by December 10, 2018. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 47 and 51. SO ORDERED. Motions due by 10/22/2018., Responses due by 11/26/2018, Replies due by 12/10/2018. (Signed by Judge Andrew L. Carter, Jr on 9/20/2018) (rj)