Neman Brothers & Assoc., Inc. v. Interfocus, Inc.

I. INTRODUCTION

The full background and facts of this case are known to the parties and set forth in prior orders. Plaintiff Neman Brothers & Associates, Inc. (“Neman Brothers’) filed this action on December 9, 2020, against defendants InterFocus, Inc. (“Interfocus”) and Does □□□□□ Dkt. 1. Plaintiff filed the operative first amended complaint on January 5, 2021, asserting claims for (1) copyright infringement, against all defendants; (2) vicarious copyright infringement, against all defendants; and (3) contributory copyright infringement. Dkt. 2 (“FAC”). On February 19, 2021, Interfocus filed a counterclaim against Neman Brothers for breach of contract. Dkt. 18. Interfocus’ counterclaim alleges that Neman Brothers breached a confidential settlement agreement (“Previous Settlement Agreement” or “PSA”) by filing and pursuing this action. Id. § 12. On July 13, 2021, Interfocus filed a motion for summary judgment on Neman Brothers’ copyright claims and for partial summary judgment on its breach of contract counterclaim. Dkt. 35. On July 26, 2021, Neman Brothers filed a motion for summary judgment or summary adjudication on its copyright clarms. Dkt. 41. On November 4,…