Certified Multi-Media Solutions, Ltd. v. Preferred Contractors Insurance Company Risk Retention Group LLC.

Justia Dockets & Filings Second Circuit New York Eastern District Certified Multi-Media Solutions, Ltd. v. Preferred Contractors Insurance Company Risk Retention Group LLC.

Certified Multi-Media Solutions, Ltd. v. Preferred Contractors Insurance Company Risk Retention Group LLC.

Plaintiff:	Certified Multi-Media Solutions, Ltd.
Defendant:	Preferred Contractors Insurance Company Risk Retention Group LLC.
Case Number:	2:2014cv05227
Filed:	September 6, 2014
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Steven I. Locke
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1331 Fed. Question: Insurance Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 12, 2015	Filing 53 ORDER denying 38 Motion for Summary Judgment; For the foregoing reasons, the Defendants motion to dismiss is denied, the Plaintiffs motion for summary judgment is granted, and the Plaintiff is entitled to a declaratory judgment stating that the D efendant is required to defend and indemnify the Plaintiff in the underlying action brought by Anthony Balzano and the third-party action brought by Getronics USA to the extent of the one million dollar ($1,000,000) policy limit. Further, the C ourt directs the Intervenor Plaintiff to file a letter on ECF within five days of the date of this decision informing the Court of the status of its claim for a declaratory judgment in light of this decision.So Ordered by Judge Arthur D. Spatt on 12/12/2015. (Coleman, Laurie)
September 24, 2015	Filing 42 MEMORANDUM OF DECISION AND ORDER granting 10 Motion to Intervene; For the reasons stated in this opinion, Travelers motion to intervene as of right pursuant to Fed. R. Civ. P. 24(a)(2) is granted. Travelers shall file and effectuate personal serv ice of its proposed Intervener Complaint within 20 days of the date of this order. Moreover, the Court notes that CMMS and PCIC have engaged in substantial motion practice during the pendency of the instant motion. In particular, on November 17, 2014 , PCIC filed a motion, pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss the complaint for failure to state a claim upon which relief can be granted. That motion was fully briefed on May 15, 2015 and is currently pending before the Court. In addition, on April 27, 2015, CMMS filed a motion, pursuant to Fed. R. Civ. P. 56, for summary judgment on its single cause of action for a declaratory judgment. That motion was fully briefed on June 9, 2015, and is also currently pending before the Court. In light of the Courts opinion that Travelers is entitled to participate as a Plaintiff in this action, provision must be made for it to be heard on these pending motions, if it so chooses. Accordingly, Travelers shall have a period of 30 days from the date of this order to file responses to PCICs motion to dismiss and CMMSs motion for summary judgment. CMMS and PCIC will then have a period of 20 days to respond to Travelers filings. It is So Ordered by Judge Arthur D. Spatt on 9/24/2015. (Coleman, Laurie)

Date Filed

Document Text

December 12, 2015

Filing 53 ORDER denying 38 Motion for Summary Judgment; For the foregoing reasons, the Defendants motion to dismiss is denied, the Plaintiffs motion for summary judgment is granted, and the Plaintiff is entitled to a declaratory judgment stating that the D efendant is required to defend and indemnify the Plaintiff in the underlying action brought by Anthony Balzano and the third-party action brought by Getronics USA to the extent of the one million dollar ($1,000,000) policy limit. Further, the C ourt directs the Intervenor Plaintiff to file a letter on ECF within five days of the date of this decision informing the Court of the status of its claim for a declaratory judgment in light of this decision.So Ordered by Judge Arthur D. Spatt on 12/12/2015. (Coleman, Laurie)

September 24, 2015

Filing 42 MEMORANDUM OF DECISION AND ORDER granting 10 Motion to Intervene; For the reasons stated in this opinion, Travelers motion to intervene as of right pursuant to Fed. R. Civ. P. 24(a)(2) is granted. Travelers shall file and effectuate personal serv ice of its proposed Intervener Complaint within 20 days of the date of this order. Moreover, the Court notes that CMMS and PCIC have engaged in substantial motion practice during the pendency of the instant motion. In particular, on November 17, 2014 , PCIC filed a motion, pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss the complaint for failure to state a claim upon which relief can be granted. That motion was fully briefed on May 15, 2015 and is currently pending before the Court. In addition, on April 27, 2015, CMMS filed a motion, pursuant to Fed. R. Civ. P. 56, for summary judgment on its single cause of action for a declaratory judgment. That motion was fully briefed on June 9, 2015, and is also currently pending before the Court. In light of the Courts opinion that Travelers is entitled to participate as a Plaintiff in this action, provision must be made for it to be heard on these pending motions, if it so chooses. Accordingly, Travelers shall have a period of 30 days from the date of this order to file responses to PCICs motion to dismiss and CMMSs motion for summary judgment. CMMS and PCIC will then have a period of 20 days to respond to Travelers filings. It is So Ordered by Judge Arthur D. Spatt on 9/24/2015. (Coleman, Laurie)

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Plaintiff: Certified Multi-Media Solutions, Ltd.
Represented By:	Julio C. Galarza
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Defendant: Preferred Contractors Insurance Company Risk Retention Group LLC.
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