![]() ![]() 25 All justifiable inferences must be viewed in the light most favorable to the nonmoving 26 party. The burden then shifts to the nonmoving party to 23 set forth specific facts demonstrating a genuine factual issue for trial. The moving party bears the initial burden of showing the absence of a genuine issue of 22 material fact. Legal Standard 17 Summary judgment may be granted if the pleadings, depositions, answers to 18 interrogatories, and admissions on file, together with affidavits, if any, show that there is no 19 genuine issue as to any material fact and that the moving party is entitled to a judgment as a 20 matter of law. Discovery has concluded, and after 13 “millions of dollars and millions of documents” Plaintiff seeks partial summary judgment for 14 elements of its state tortious interference claims and Defendant seeks complete summary 15 judgment on all claims. The 12 record is extensive and many of the facts are disputed. It argues that Cobalt failed because it was mismanaged, entered the 11 market at a time of oversupply of data center space, and offered an inferior product. Switch alleges that the lawsuit is meritless and an attempt to win a settlement from 9 10 Switch. The policy prohibited interconnections between Switch and other data centers. Additionally, Cobalt alleges that 6 Switch utilized an Acceptable Use Policy that made it impossible for competitors to thrive in the 7 market. Cobalt also 4 alleges that Switch colluded with certain customers to “rig” competitive contracting procedures 5 to ensure that only Switch could win certain business. These included Zayo, CenturyLink, Las Vegas 3 Chamber of Commerce, and Las Vegas Global Economic Alliance, among others. ![]() 28 Cobalt claims that Switch led an intentional campaign against Cobalt and competition in Case 2:17-cv-02349-KJD-BNW Document 394 Filed 01/15/21 of 21 1 general by creating exclusive partnership and sponsorship agreements with important industry 2 leaders and network providers in Las Vegas. Cobalt 26 continued soliciting clients in the data colocation storage business but by 2015 Cobalt was forced 27 to shut down its operations. ![]() Cobalt alleges that Switch became focused on eliminating Ballard’s 25 new company and making it impossible for Cobalt to compete with Switch. Switch filed a lawsuit against Ballard, which concluded with a settlement 24 agreement in 2013. 21 22 The issue began when a former Switch employee, Michael Ballard (“Ballard”) allegedly stole intellectual property from Switch and used it to start Cobalt, a competing data storage 23 facility. In addition to the antitrust claims, Cobalt alleges that Switch tortiously interfered with Cobalt’s contractual relationships, causing it to go out of business. (“Switch”) employed 19 20 anticompetitive practices that forced Cobalt to close and attempt to mitigate substantial losses. Cobalt alleges that Defendant Switch, LTD. Factual and Procedural History 16 Plaintiff V5 Technologies, LLC d/b/a Cobalt Data Centers (“Cobalt”) brought this 17 antitrust and tortious interference action on Septemafter a failed attempt to enter the 18 data storage market. Both parties responded in opposition (#282/294) to which each party replied (#315/321). 2:17-cv-02349-KJD-NJK Defendant’s Motion for Summary Judgment (#200). Before the Court are Plaintiff’s Motion for Partial Summary Judgment (#189) and 12 13 14 15 ORDER RE MOTIONS FOR SUMMARY JUDGMENT v. 394 Case 2:17-cv-02349-KJD-BNW Document 394 Filed 01/15/21 of 21 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 V5 TECHNOLOGIES, LLC d/b/a COBALT DATA CENTERS, Plaintiff, 9 SWITCH, LTD., Defendant. Charity networx inc nevada pro#Internal applications, then our B2B based Bizapedia Pro API™ might be the answer for you.V5 Technologies v. If you are looking for something more than a web based search utility and need to automate company and officer searches from within your WHAT'S INCLUDED IN THE ADVANCED SEARCH FORM? Utilize our advanced search form to filter the search results by Company Name, City, State, Postal Code, Filing Jurisdiction, Entity Type, Registered Agent,įile Number, Filing Status, and Business Category. While logged in and authenticated, you will not be asked to solve any complicated Recaptcha V2 challenges. In addition, all pages on Bizapedia will be served to you completely ad freeĪnd you will be granted access to view every profile in its entirety, even if the company chooses to hide the private information on their profile from the general public. Your entire office will be able to use your search subscription. ![]()
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