Ben & Jerry's Homemade, Inc. v. La Soul, Inc.

OPINION AND ORDER

SESSIONS, District Judge.

In this action brought by ice cream manufacturer Ben & Jerry’s Homemade, Inc. (“B & J”) against one of its former suppliérs, La Soul, Inc. (“La Soul”), La Soul moves this Court to abstain from exercising jurisdiction over the proceeding (paper 79), and B & J moves for summary judgment on Count III or in the alternative for a nisi decree that summary judgment will enter on Count III if La Soul fails to file compulsory counterclaims (paper 70). For the reasons that follow, La Soul’s motion is granted in part and denied in part. B & J’s motion for…