Variblend Dual Dispensing Systems LLC, v. Crystal International Group, Inc. et al, No. 1:2018cv10758 - Document 148 (S.D.N.Y. 2022)

Court Description: OPINION AND ORDER: re: 121 MOTION for Summary Judgment filed by Crystal International Group, Inc., 106 MOTION to Strike Plaintiffs Supplemental Expert Report filed by Crystal International Group, Inc., Gerhard Brugger, 110 MOTION for Parti al Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim filed by J. Burke Capital Partners LLC, Variblend Dual Dispensing Systems LLC, JBCP-24 LLC, 117 MOTION for Summary Judgment filed by Gerhard Brugger, 113 M OTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters filed by Crystal International Group, Inc., Gerhard Brugger. For the foregoing reasons, the Court DENIES Counterclaim-Defendants' motion for partial summary judg ment, Doc. 110, GRANTS Crystal's motion for summary judgment, Doc. 121, and GRANTS in in part and DENIES in part Brugger's motion for summary judgment, Doc. 117. The Court further DENIES Brugger and Crystal's motion to preclude expert testimony, Doc. 113, and GRANTS their motion to strike VariBlend's supplemental expert report, Doc. 106. The parties are directed to appear for a telephonic status conference at 10:00 a.m. on December 13, 2022. The parties are directed to dial ( 877) 411-9748 and to enter access code 3029857#. The Clerk of the Court is respectfully directed to terminate the motions. Docs. 106, 110, 113, 117, 121. It is SO ORDERED., ( Telephone Conference set for 12/13/2022 at 10:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/22/2022) (ama)