Yes, in short strokes
It looks like Taub wants the ArrayIt expert (the one that tabulated/refuted) Taub damages thrown out. See below.
Taub is asking for $28,586,157.00. Of course ArrayIt wants less. From what I read it looks like ArrayIt will be paying something, the debate is how much. (IMHO from reading the docs, don't quote me here)
If you had a different read, please give me your thoughts. Sounds like all will be resolved at the Bench Trial set for 4/5/2022 at 09:30 AM
The court further ruled that plaintiffs had established damages for defendants’ failure to issue shares and warrants (item 1) and deliver the Food Testing Product (item 2). On the other hand,
plaintiffs had not sufficiently established their damages on the two remaining breaches (items 3 and 4). Last, but still significantly, the court dismissed plaintiffs’ counterclaims in their entirety.
Subsequently, on June 4, 2021, the court granted the parties’ joint application for trial on the damages suffered by plaintiffs as a result of defendants’ breaches. (ECF-211.) Trial is scheduled to commence on April 5, 2022, at 9:30 a.m. (ECF-220.) As demonstrated below, the evidence at trial will establish that plaintiffs sustained damages in the amount of no less than $28,586,157. Plaintiffs will additionally demonstrate that they entitled to costs and disbursements, pre-judgment interest, and an award of attorneys’ fees incurred in connection with their prosecution of this action. (Point I.) Plaintiffs also seek in limine rulings from the court in advance of trial precluding portions of the expected testimony of defendants’ expert. (Point II.)
I PRE-TRIAL MEMORANDUM
The evidence to be adduced at trial will establish that plaintiffs are entitled to judgment in the amount of $28,586,157.00, calculated as follows:
• $780,000 attributable to defendants’ failure to deliver Arrayit shares to Zalcberg and/or the Plan, as he might direct (Point A);
• $656,157 attributable to defendants’ failure to deliver Arrayit warrants to Zalcberg and/or the Plan, as he might direct, and Taub (Point B);
• $27.15 million attributable to defendants’ failure to deliver the Food Safety Product 2 Case 1:15-cv-01366-ALC-JLC Document 234 Filed 03/23/22 Page 3 of 14 (Point C); and
• $25,000 to Taub for the legal costs of the registration of the shares to be issued upon the exercise of the above-referenced warrants (Point D)
