Globetrotter Software, Inc. v. Elan Computer Group, Inc.

ORDER DENYING COUNTERDEFEN-DANTS’ SPECIAL MOTION TO STRIKE; DENYING AS MOOT COUNTERDEFENDANTS’ MOTION TO STRIKE THE DECLARATION OF PATRICK FEVERY; AND DENYING COUNTERCLAIM-ANTS’ REQUEST FOR ATTORNEYS’ FEES

On June 14, 1999, the Court heard Globetrotter’s special motion to strike the counterclaims of Elan and Rainbow, Globetrotter’s related motion to strike the declaration of Patrick Fevery and counter-motions by Elan and Rainbow seeking attorneys’ fees in connection with the special motion to strike. Each of these motions is denied for the reasons set forth herein.

I. BACKGROUND

The factual background of this action has been set forth in detail in the Court’s prior orders and need not be repeated here. The procedural facts relevant to the present motions are as follows. On March 2,1999, the Court issued an order granting in part and denying in part Globetrotter’s motions to dismiss which had been brought with respect to counterclaims and affirmative defenses asserted by Elan and Rainbow. Elan filed its first amended answer, counterclaim and additional party complaint on March 17, 1999. Rainbow filed its second amended counterclaim on March 11, 1999 and its first amended answer…