District Court

MEMORANDA AND ORDERS

OCTOBER 16, 2024

BY BAYLSON, J.

Lontex Corporation v. Nike, Inc.; 18-5623; The great breadth of discovery issues which permeated this case from the start through trial, are themselves �exceptional� and the fact that Plaintiff received a comprehensive liability verdict is important, but after affirming the liability verdict, I believe the Third Circuit should similarly affirm my finding that this case is �exceptional.�

BY BAYLSON, J.

Velez Enterprises LLC v. KVK-Tech, Inc. et al; 20-5553; For the aforementioned reasons, this Court finds that Plaintiff has established, by a preponderance of the evidence, breach of an implied-in-fact contract or the equitable remedy of unjust enrichment or promissory estoppel. This Court notes that Plaintiff may only recover damages under breach or an equitable remedy, but not both.

BY MCHUGH, J.

Mackey v. Chipotle Mexican Grill of Colorado, LLC; 23-519; For the reasons set forth above, Plaintiff�s Motion in Limine to preclude Mackey�s alcohol consumption (ECF 21) will be GRANTED in part and DENIED in part.

BY MURPHY, J.

Lebron v. Eason et al; 24-1284; For the foregoing reasons, the we dismiss Mr. Lebron�s amended complaint with prejudice pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii). As Mr. Lebron has already been given an opportunity to cure the defects in his claims and has been unable to do so, further amendment would be futile.

BY BRODY, J.

Vail v. Dermatology and Mohs Surgery Center, P.C. center et al; 24-1535; I deny Defendants� 12(b)(6) motion, their motion to strike the jury demand, and Mr. Bradley�s 12(b)(2) motion, all without prejudice to Defendants to reassert at a later stage of the litigation.

BY SCOTT, J.

Marshall v. United States Postal Service National Tort Center et al; 24-1931; For the foregoing reasons, Defendant United States of America�s Motion (ECF No. 8) will be granted, and this case will be dismissed with prejudice.

BY DIAMOND, J.

Wells Fargo Bank, National Association, as Trustee for the Benefit of Registered Holders of J.P. Morgan Chase Com. Mortg. Sec. Corp., Multifamily Mortg. Pass-Through Certificates, Series 2017-K724; 24-1931 v. MM-FCDC Partners, L.P.; 24-2051; MM seeks to prosecute its breach of contract and related claims in the apparent absence of a contract. In these circumstances, I will dismiss MM�s Counterclaim. Although Wells Fargo�s apparent inaction from September, 2023 through April 19, 2024 does not make out an agreement to extend the Loan, it is sufficiently curious to allow MM the opportunity to replead and perhaps clarify this matter.