SIGNATURE APPAREL GROUP LLC v. Studio IP Holdings LLC et al

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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re:
SIGNATURE APPAREL GROUP LLC,
Debtor
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Chapter 11
Case No. 09-15378 (RG)
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SIGNATURE APPAREL GROUP LLC,
Plaintiff
v.
JOSEPH LAURITA; CHRISTOPHER
LAURITA; NEW STAR GROUP, LLC; ROC
FASHIONS LLC; RVC ENTERPRISES, LLC;
RUBEN AZRAK, VICTOR AZRAK, CHARLES
AZRAK, ICONIX BRAND GROUP, INC., and
STUDIO IP HOLDINGS LLC,
Defendants
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Adversary No. 11-02800 (RG)
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ROC FASHIONS LLC,
Third-Party Plaintiff
v.
STUDIO IP HOLDINGS LLC,
Third-Party Defendant
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ORDER (A) GRANTING IN PART AND
DENYING IN PART THE PARTIES’ CROSS-MOTIONS FOR
SUMMARY JUDGMENT AND (B) DENYING THE DEFENDANTS’
DAUBERT MOTION
Before the Court are the following motions: (1) Plaintiff Signature Apparel Group LLC’s
Motion for Summary Judgment (ECF No. 142); (2) Defendant Iconix Brand Group, Inc.’s and
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Defendant Studio IP Holdings LLC’s Motion for Summary Judgment (ECF No. 140); and
(3) Defendant Iconix Brand Group, Inc.’s and Defendant Studio IP Holdings LLC’s Daubert
Motion (ECF No. 141) (the “Daubert Motion”). On March 4, 2015, the Court entered its
Memorandum Opinion (A) Granting in Part and Denying in Part the Parties’ Cross-Motions for
Summary Judgment and (B) Denying the Defendants’ Daubert Motion (the “Opinion”). For the
reasons set forth in the Opinion, it is hereby:
ORDERED that summary judgment is GRANTED to the Defendants as to Counts V and
VIII of the Amended Complaint; and it is further
ORDERED that Counts V and VIII of the Amended Complaint are hereby DISMISSED;
and it is further
ORDERED that summary judgment is DENIED as to Counts VI and VII of the Amended
Complaint; and it is further
ORDERED that summary judgment is GRANTED IN PART AND DENIED IN PART
as to Counts I, II, III, IV, and IX of the Amended Complaint, as fully set forth in the Opinion;
and it is further
ORDERED that the Daubert Motion is DENIED; and it is further
ORDERED that trial in the above-captioned adversary proceeding shall commence on
April 21, 2015.
Dated: New York, New York
March 4, 2015
s/ Robert E. Grossman
Honorable Robert E. Grossman
United States Bankruptcy Judge
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