On May 16, 2022 a
Order
was filed
involving a dispute between
Samsung Electronics Co., Ltd.,,
and
Mpeg La, L.L.C.,,
for Commercial - Contract - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/24/2023 12:32 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. MELISSA A. CRANE PART 60M
Justice
---------------------------------------------------------------------------------X
INDEX NO. 656312/2022
SAMSUNG ELECTRONICS CO., LTD.,
MOTION DATE 01/23/2023
Plaintiff,
MOTION SEQ. NO. 002
-v-
MPEG LA, L.L.C., DECISION + ORDER ON
MOTION
Defendant.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 002) 21, 22, 23, 24, 25,
28, 29, 30, 31, 32, 33, 34, 35, 42
were read on this motion to/for DISMISS .
Upon the foregoing documents, it is
The motion and cross motion are decided in accordance with the reasoning on the record of
1/23/2023.
Accordingly, it is
ORDERED THAT Samsung’s motion to dismiss MPEG’s counterclaim for breach of the
covenant of good faith and fair dealing is granted and MPEG’s claim is dismissed with
prejudice; and it is further
ORDERED THAT MPEG’s motion to dismiss Samsung’s claim for breach of the
covenant of good faith and fair dealing is granted and Samsung’s claim is dismissed with leave
to replead.
1/23/2023
DATE MELISSA A. CRANE, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
656312/2022 SAMSUNG ELECTRONICS CO., LTD., vs. MPEG LA, L.L.C., Page 1 of 2
Motion No. 002
1 of 2
FILED: NEW YORK COUNTY CLERK 01/24/2023 12:32 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/23/2023
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
656312/2022 SAMSUNG ELECTRONICS CO., LTD., vs. MPEG LA, L.L.C., Page 2 of 2
Motion No. 002
2 of 2
Document Filed Date
January 24, 2023
Case Filing Date
May 16, 2022
Category
Commercial - Contract - Commercial Division
Status
Disposed-Court Date/Application Pending
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FILED: NEW YORK COUNTY CLERK 01/24/2023 12:32 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/23/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MELISSA A. CRANE PART 60M Justice ---------------------------------------------------------------------------------X INDEX NO. 656312/2022 SAMSUNG ELECTRONICS CO., LTD., MOTION DATE 01/23/2023 Plaintiff, MOTION SEQ. NO. 002 -v- MPEG LA, L.L.C., DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 42 were read on this motion to/for DISMISS . Upon the foregoing documents, it is The motion and cross motion are decided in accordance with the reasoning on the record of 1/23/2023. Accordingly, it is ORDERED THAT Samsung’s motion to dismiss MPEG’s counterclaim for breach of the covenant of good faith and fair dealing is granted and MPEG’s claim is dismissed with prejudice; and it is further ORDERED THAT MPEG’s motion to dismiss Samsung’s claim for breach of the covenant of good faith and fair dealing is granted and Samsung’s claim is dismissed with leave to replead. 1/23/2023 DATE MELISSA A. CRANE, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER 656312/2022 SAMSUNG ELECTRONICS CO., LTD., vs. MPEG LA, L.L.C., Page 1 of 2 Motion No. 002 1 of 2 FILED: NEW YORK COUNTY CLERK 01/24/2023 12:32 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/23/2023 APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 656312/2022 SAMSUNG ELECTRONICS CO., LTD., vs. MPEG LA, L.L.C., Page 2 of 2 Motion No. 002 2 of 2