This case was last updated from U.S. District Courts on 05/23/2023 at 10:23:12 (UTC).

AT&T Corp. v. Atos IT Solutions and Services, Inc.

Case Summary

On February 17, 2023, AT&T Corp. (“AT&T” or “Plaintiff”), represented by Jonathan D. Pressment, Christos Papapetrou, and Victoria Lynn Stork of Baker Hostetler LLP, filed a contract lawsuit against Atos IT Solutions and Services, Inc. (“Atos” or “Defendant”), seeking damages with interest for alleged breach of contract. This case was filed in the U.S. District Court for the Southern District of New York.

In the complaint, the plaintiff stated, “This is a complaint for breach of contract arising from Atos’ breach of a release and settlement agreement (the ‘Settlement Agreement’) and a related contractual amendment (the ‘2021 Amendment’) to a September 30, 2015 AT&T SDN OneNet BTB pricing schedule between AT&T and Atos (the ‘Pricing Schedule’).”

Plaintiff also alleged, “Pursuant to the Pricing Schedule, AT&T agreed to provide certain voice and data connectivity services to Atos in exchange for Atos’ agreement to, inter alia, satisfy certain Minimum Annal Revenue Commitments (each, a ‘MARC’) to AT&T.” 

The plaintiff then alleged, “The 2018 Amendment provided Atos with an option to further extend the Pricing Schedule’s term for an additional 12-months (the ‘Extension Term’) for which Atos would be required to satisfy a $6.2 million MARC. The 2018 Amendment included a ‘Shortfall Charges/Penalties’ provision. Under that provision, Atos would owe AT&T a shortfall charge if it failed to meet the MARC or MTRC for the periods specified in the amended Pricing Schedule.”

The plaintiff further alleged, “After a period of negotiations, the Parties eventually entered into the Settlement Agreement pursuant to which AT&T agreed to waive the Shortfall Charge in exchange for Atos’ agreement to, inter alia, ‘execute all necessary documentation to extend the Pricing Schedule Term to 76 months, expiring February 18, 2022, with a $6,200,000.00 Minimum Annual Revenue Commitment.’”

Plaintiff also alleged, “Atos subsequently executed the 2021 Amendment by which, consistent with its obligations under the Settlement Agreement, Atos agreed to: (1) extend the Pricing Schedule’s Term for an additional year running from February 19, 2021 to February 18, 2022 (Months 65- 76) (the ‘Extension Term’); and (2) a $6.2 million MARC for the Extension Term.”

The plaintiff then alleged, “Atos failed to satisfy the Extension Term’s $6.2 million MARC within the meaning of the term ‘MARC’ established by the Pricing Schedule, the MSA and their related documents because Atos failed to provide at least $6.2 million in revenues to AT&T during the Extension Term.”

Plaintiff further alleged, “Second, the Scrivener’s Error is an obvious drafting error for which AT&T is entitled to the remedy of reformation. Not only does the Scrivener’s Error provide an erroneous calculation of the Shortfall Charge, it does not even refer to the correct period of time covered by the Extension Term referring to ‘Months 65-77’ (a 13-month period) instead of Months 65-76 (the correct 12-month period).”

The plaintiff additionally alleged, “Despite AT&T’s repeated requests, Atos materially breached the Settlement Agreement by refusing to execute the Proposed Amendment and/or any other documents necessary to extend the Pricing Schedule Term to 76 months with an enforceable $6.2 million MARC.”

Plaintiff presented three claims for relief, including alleged breach of the 2021 amendment and in the alternative, breach of the settlement agreement.

In the prayer for relief, the plaintiff requested an award of damages no less than $3,367,351.00, plus interest.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:23-CV-01395

  • Filing Date:

    02/17/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Lewis J. Liman

 

Party Details

Plaintiff

AT&T Corp.

Defendant

Atos IT Solutions and Services, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Victoria Lynn Stork

Jonathan David Pressment

Christos Papapetrou

Defendant Attorneys

Leon Medzhibovsky

Andrew J. Peck

Cameron A. Fine

Steven Rosato

 

Court Documents

#24

(#24) JOINT LETTER MOTION for Conference re: Request for a Court Reporter at the Initial Pretrial Conference addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 4, 2023. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/04/2023)

#23

(#23) PROPOSED CASE MANAGEMENT PLAN. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/04/2023)

#22

(#22) JOINT LETTER addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 4, 2023 re: Proposed Case Management Plan and Scheduling Order. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/04/2023)

#20

(#20) JOINT LETTER MOTION for Extension of Time to Complete Briefing on Atos Motion to Dismiss addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 1, 2023. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/01/2023)

19 #9

Exhibit 09

19 #7

Exhibit 07

19 #6

Exhibit 06

19 #4

Exhibit 04

19 #3

Exhibit 03

19 #1

Exhibit 01

#17

(#19) DECLARATION of Leon Medzhibovsky in Support re: #17 MOTION to Dismiss Complaint.. Document filed by Atos IT Solutions and Services, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09).(Medzhibovsky, Leon) (Entered: 04/25/2023)

#7

(#7) ELECTRONIC SUMMONS ISSUED as to Atos IT Solutions and Services, Inc.. (vf) (Entered: 02/21/2023)

#6

(#6) NOTICE OF APPEARANCE by Victoria Lynn Stork on behalf of AT&T Corp...(Stork, Victoria) (Entered: 02/17/2023)

#5

(#5) NOTICE OF APPEARANCE by Christos Papapetrou on behalf of AT&T Corp...(Papapetrou, Christos) (Entered: 02/17/2023)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for AT&T Corp.. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 02/17/2023)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Atos IT Solutions and Services, Inc., re: #1 Complaint. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 02/17/2023)

#2

(#2) CIVIL COVER SHEET filed..(Pressment, Jonathan) (Entered: 02/17/2023)

#1

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Atos IT Solutions and Services, Inc., re: #1 Complaint. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 02/17/2023)

20 More Documents Available
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Docket Entries

  • 05/11/2023

  • DocketMinute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 5/11/2023 by Telephone Conference. Jonathan Pressment, Christos Papapetrou, and Victoria Stork present by telephone for Plaintiff. Steven Rosato, Cameron Fine, and Andrew Peck present by telephone for Defendant. Court reporter present by telephone. Case management plan approved. Within two weeks of the Court's decision sustaining any portion of the complaint, parties are to write to the Court requesting a status conference approximately two weeks from date of defendant's answer. (mf) (Entered: 05/12/2023)

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  • 05/10/2023

  • DocketSet/Reset Hearings: Initial Conference set for 5/11/2023 at 12:00 PM before Judge Lewis J. Liman. (mf) (Entered: 05/10/2023)

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  • 05/10/2023

  • DocketORDER: The Initial Pretrial Conference scheduled for tomorrow, May 11, 2023 is MOVED to 12:00PM. Parties are reminded to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 05/10/2023)

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  • 05/05/2023
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  • Docket(#25) ORDER granting #24 Letter Motion for for a Court Reporter at the Initial Pretrial Conference addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 4, 2023. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mcf) (Entered: 05/05/2023)

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  • 05/04/2023
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  • Docket(#24) JOINT LETTER MOTION for Conference re: Request for a Court Reporter at the Initial Pretrial Conference addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 4, 2023. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/04/2023)

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  • 05/04/2023
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  • Docket(#23) PROPOSED CASE MANAGEMENT PLAN. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/04/2023)

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  • 05/04/2023
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  • Docket(#22) JOINT LETTER addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 4, 2023 re: Proposed Case Management Plan and Scheduling Order. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/04/2023)

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  • 05/01/2023
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  • Docket(#21) ORDER granting #20 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 05/01/2023)

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  • 05/01/2023
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  • Docket(#20) JOINT LETTER MOTION for Extension of Time to Complete Briefing on Atos Motion to Dismiss addressed to Judge Lewis J. Liman from Jonathan D. Pressment dated May 1, 2023. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 05/01/2023)

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  • 04/25/2023
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  • Docket(#19) DECLARATION of Leon Medzhibovsky in Support re: #17 MOTION to Dismiss Complaint.. Document filed by Atos IT Solutions and Services, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09).(Medzhibovsky, Leon) (Entered: 04/25/2023)

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14 More Docket Entries
  • 02/21/2023
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  • Docket(#7) ELECTRONIC SUMMONS ISSUED as to Atos IT Solutions and Services, Inc.. (vf) (Entered: 02/21/2023)

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  • 02/21/2023

  • DocketCase Designated ECF. (vf) (Entered: 02/21/2023)

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  • 02/21/2023

  • DocketMagistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 02/21/2023)

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  • 02/21/2023

  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 02/21/2023)

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  • 02/17/2023
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  • Docket(#6) NOTICE OF APPEARANCE by Victoria Lynn Stork on behalf of AT&T Corp...(Stork, Victoria) (Entered: 02/17/2023)

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  • 02/17/2023
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  • Docket(#5) NOTICE OF APPEARANCE by Christos Papapetrou on behalf of AT&T Corp...(Papapetrou, Christos) (Entered: 02/17/2023)

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  • 02/17/2023
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for AT&T Corp.. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 02/17/2023)

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  • 02/17/2023
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Atos IT Solutions and Services, Inc., re: #1 Complaint. Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 02/17/2023)

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  • 02/17/2023
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  • Docket(#2) CIVIL COVER SHEET filed..(Pressment, Jonathan) (Entered: 02/17/2023)

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  • 02/17/2023
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  • Docket(#1) COMPLAINT against Atos IT Solutions and Services, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27362929)Document filed by AT&T Corp...(Pressment, Jonathan) (Entered: 02/17/2023)

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