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XIOTECH CORP. v. EXPRESS DATA PRODUCTS CORP.

No. 6:13-CV-861 (MAD/TWD).

11 F.Supp.3d 225 (2014)

XIOTECH CORPORATION, Plaintiff, v. EXPRESS DATA PRODUCTS CORPORATION, Esi, LLC, and Rudy C. D'Amico, Defendants.

United States District Court, N.D. New York.

April 3, 2014.

Attorney(s) appearing for the Case

Pinnisi & Anderson, Michael D. Pinnisi, Esq., of Counsel, Ithaca, NY, for Plaintiff.

Edward J. Fintel & Associates, Edward J. Fintel, Esq., of Counsel, Syracuse, NY, for Defendants Express Data Products Corporation and ESI, LLC.

Hiscock & Barclay LLP, Robert A. Barrer, Esq., of Counsel, Syracuse, NY, for Defendant Rudy C. D'Amico.

MEMORANDUM-DECISION AND ORDER

MAE A. D'AGOSTINO, District Judge:

I. INTRODUCTION

Plaintiff Xiotech Corporation commenced this diversity action against Defendants on July 19, 2013, alleging causes of action for breach of contract, fraud, and unjust enrichment. See Complaint, Dkt. No. 1 ("Compl."). On July 25, 2013, Plaintiff filed a motion for a preliminary injunction and temporary restraining order by order to show cause. See Dkt...

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