Opinion
Civil Action 22-1174
03-18-2024
BRAND DESIGN COMPANY, INC. d/b/a HOUSE INDUSTRIES, Plaintiff, v. RITE AID CORPORATION, SWAY CREATIVE LABS, LLC, GA COMMUNICATIONS, INC., d/b/a PURERED CREATIVE, LLC, and BURNS GROUP, NYC, LLC, Defendants.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 18th day of March, 2024
1. Upon consideration of Plaintiff's Motions for Partial Summary Judgment (ECF Nos. 141, 142, 143), Defendants' responses (ECF No. 162, 172, 176), and Plaintiff's replies (ECF No. 170, 188, 189), IT IS HEREBY ORDERED that the Motions are DENIED.
2. Upon consideration of Defendant Sway's Motion for Summary Judgment (ECF No. 138), Plaintiff's response (ECF No. 173), and Defendant's reply (ECF No. 190), IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. Specifically:
a. The Motion is GRANTED as to Plaintiff's claim for unjust enrichment, which is DISMISSED WITH PREJUDICE.
b. The Motion is DENIED in all other respects.
3. Upon consideration of Defendant PureRED's Motion for Summary Judgment (ECF No. 214), Plaintiff's response (ECF No. 219), and Defendant's reply (ECF No. 223), IT IS
HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. Specifically:
a. The Motion is GRANTED as to Plaintiff's claim for unjust enrichment, which is DISMISSED WITH PREJUDICE.
b. The Motion is DENIED in all other respects.
4. Upon consideration of Plaintiff's unopposed Motions to Seal (ECF Nos. 158, 198, 222, 228), IT IS HEREBY ORDERED that the Motions are GRANTED.
5. Upon consideration of Defendant PureRED's unopposed Motion to Seal (ECF No. 228), IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. Specifically:
a. The Motion is GRANTED with insofar as it seeks to seal filings related to PureRED's mooted summary judgment briefing (ECF Nos. 146, 149, 174, 175, 179, 180, 192, 201, 202).
b. The Motion is DENIED in all other respects.
6. ECF Nos. 191 and 200 are DENIED AS MOOT.