New Bankruptcy Opinion: IN RE SIGNATURE APPAREL GROUP LLC – Bankr. Court, SD New York, 2015

In re SIGNATURE APPAREL GROUP LLC, Chapter 11, Debtor.

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.

ROC FASHIONS LLC, Third-Party Plaintiff,

v.

STUDIO IP HOLDINGS LLC, Third-Party Defendant.

Case No. 09-15378 (RG), Adversary No. 11-02800 (RG).

United States Bankruptcy Court, S.D. New York.

March 4, 2015.

ORDER (A) GRANTING IN PART AND DENYING IN PART THE PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT AND (B) DENYING THE DEFENDANTS’ DAUBERT MOTION

ROBERT E. GROSSMAN, Bankruptcy Judge.

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 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.

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