The City of New York v. Milhelm Attea & Bros., Inc. et al
| 1:2006cv03620 |
| July 24, 2006 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol B. Amon |
| Kiyo A. Matsumoto |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
402
MEMORANDUM AND ORDER: For the foregoing reasons, the Court denies defendant Pennisi's request to deem its August 17, 2012 Memorandum and Order a partial final judgment under Rule 54(b) of the Federal Rules of Civil Procedure, or in the alternative, to certify the Order for an immediate appeal pursuant to 28 U.S.C. § 1292(b). Ordered by Chief Judge Carol Bagley Amon on 10/16/2012. (Fernandez, Erica)
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Filing
391
MEMORANDUM & ORDER: For the reasons stated, the Court grants summary judgment in full to Day Wholesale, based on the Citys lack of standing. As to Gutlove and Pennisi, the Court concludes that the City is entitled to summary judgment on those defend ants liability under the CCTA, and the Citys entitlement to some award of civil penalties. The Court will hold a further hearing to determine the appropriate penalty amount. Also as to those defendants, the Court denies the parties cross-motions fo r summary judgment on the Citys CMSA claim, and deems the public nuisance claim withdrawn. The Court directs the City to confer with Gutlove and Pennisi regarding any further discovery to be exchanged, and the parties anticipated presentations at th e hearing. Within 30 days, the parties should submit a joint pre-hearing order that contains the witness testimony and exhibits that each party anticipates introducing at the hearing, as well as any objections to opponents proffered evidence. At that time, the Court will set a date for the hearing and/or a pre-hearing conference. Ordered by Chief Judge Carol Bagley Amon on 8/17/2012. (Shnider, Ruth)
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Filing
199
MEMORANDUM & ORDER re: 141 Motion for Reconsideration or Certification. For the reasons set forth in the accompanying Memorandum and Order, defendants' motion to dismiss the City's aiding and abetting claims is granted, and defendants' motion for leave to file an immediate appeal is denied. Ordered by Judge Carol B. Amon on 3/11/2009. (Amon, Carol)
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