Eyes on the Go, Inc. (AXCG)

[skietz]

Court Case update:

https://www.pacermonitor.com/public/case/19436584/Eyes_on_the_Go_NY,_INC_v_Auctus_Private_Equity_Fund,_LLC_et_al#

Friday, October 13, 2017

67 order Order on Motion for Summary Judgment Fri
11:41 AM

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part51 Motion for Summary Judgment. Auctus's motion for summary judgment is DENIED as to its Chapter 93A claim, the claim having been previously dismissed because Auctus did not adequately plead the alleged material misrepresentations underpinning the claim, see Dkt # 48, and Auctus did not timely seek to amend its Counterclaims. Auctus's motion is ALLOWED as to the breach of contract claim as Eyes on the Go does not dispute that it has not fully repaid the principal and interest owed under two promissory notes (noting, however, that approximately $6,500 of the first note was converted to Eyes shares in January of 2015). Auctus has until 10/27/2017 to submit a proposed form for judgment, along with a supporting memorandum of no more than 10 pages, specifically identifying the sections of the contracts and relevant law supporting its damages calculation. Eyes will have until 11/13/2017 to submit a responsive memorandum of no more than 10 pages. (RGS, int2)
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