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Donahue Tucker
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Utility | Filed: May 16, 2024 | Entered: May 16, 2024 Wadden Systems, Inc. et al v. Eagle Equipment Company EECI, LLC et al
Defend Trade Secrets Act (of 2016) | New Hampshire
Set Deadlines PUBLIC
Set Deadline(s): Plaintiffs' Motion to Compel due by 5/24/2024. (vln)
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Motion | Filed: May 13, 2024 | Entered: May 13, 2024 Kinetic System, Inc. v. IPS-Integrated Project Services, LLC et al
Contract: Other | New Hampshire
Summary Judgment
MOTION for Summary Judgment on Count II filed by IPS-Integrated Project Services, LLC.Follow up on Objection on 6/12/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memo of Law, # 2 Exhibit (Affidavit) A - Malvone Declaration, # 3 Exhibit B - Partial Waiver and Release)(Callaghan, Peter)
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Order | Filed: May 09, 2024 | Entered: May 09, 2024 Kinetic System, Inc. v. IPS-Integrated Project Services, LLC et al
Contract: Other | New Hampshire
Order on Motion for Reconsideration
ENDORSED ORDER denying without prejudice 97 Motion for Reconsideration re: 95 Order. Text of Order: IPS moves for reconsideration of the court's order that reinstated Kinetics's quantum meruit claim on the grounds that Kinetics did not breach the parties' contracts (which would implicate R.J. Berke & Co., Inc. v. J.P. Griffin, Inc., 116 N.H. 760, 764 (1976)), that Kinetics consented to dismissal of the claim, and that reinstatement violates the law of the case doctrine. Doc. no. 97. In the order reinstating the quantum meruit claim, the court gave IPS the opportunity to address its defenses and opposition to the quantum meruit claim through a motion for summary judgment. Instead of taking that option, IPS improperly moves for reconsideration, raising matters that either were not developed previously or were not raised at all. See In re Buscone, 61 F.4th 10. 35 (1st Cir. 2023) (stating that a motion for reconsideration is not a means "to advance arguments a party should have developed prior to [the court's order], nor a mechanism to regurgitate old arguments previously considered and rejected" (cleaned up)). To the extent that IPS asserts that its defense is prejudiced because it did not pursue discovery on the quantum meruit claim, IPS did not show what discovery it would have developed for purposes of quantum meruit that is separate and different from discovery on Kinetics's breach of contract claim. See Fed. R. Civ. P. 16(b)(4). The motion for reconsideration (doc. no. 97) is denied without prejudice to raising appropriate arguments in a motion for summary judgment. So Ordered by Judge Steven J. McAuliffe.(lw)
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