Continental Industries Group, Inc. v. Altunkilic
| Continental Industries Group, Inc. |
| Mehmet Altunkilic |
| 1:2014cv00790 |
| February 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Analisa Torres |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 pd Diversity-Property Damage |
| None |
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Filing
87
ORDER: In light of the legal authorities and evidentiary materials submitted with Plaintiffs Objections dated April 29, 2020, Dkt. No. 85, which had not been previously presented, the Report and Recommendation dated April 16, 2020, Dkt. No. 84, is hereby withdrawn. I will review the record now that it is has been more fully developed and provide Judge Torres with a revised Report and Recommendation. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge James L. Cott on 5/1/2020) (jca)
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Filing
79
ORDER: Accordingly, no later than March 9, 2020, Plaintiff shall make a further submission to the Court with respect to its claimed damages and costs. In this submission, Plaintiff is specifically directed to explain: (1) whether Mr. Karabey' s statement, upon information and belief, rather than on personal knowledge, that the identified suppliers and customers have shifted their business from CIG to Plasmar, is sufficient as an evidentiary matter for purposes of authentication (citing legal authority, if possible); (2) how the figure representing expected lost profits ($33,164.206.63) was calculated; and (3) why it chose 60% as the applicable rate "to account for market and other factors" (and to explain wh at those "other factors" are), with specific reference to the supporting documentation already submitted or documentation that Plaintiff provides with its further submission. Thus, where supporting documentation is unavailable or does n ot exist, or where Plaintiff has relied on reasoned estimates, Plaintiff should explain this to the Court in its further submission. Moreover, any requests for costs must be supported by documentary evidence justifying such an award. Plaintiff sho uld also include a paragraph or paragraphs setting forth the legal basis for any requested award of costs. Plaintiff shall serve Defendant with a copy of any supplemental documents filed with the Court, including a copy of this Order, and file a certificate of service. Defendant's response, if any, to plaintiff's papers will be due by March 23, 2020. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/26/2020) (jca)
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Filing
70
ORDER ADOPTINGREPORT AND RECOMMENDATION for 65 Report and Recommendations. CIG seeks compensatory damages in the amount of $28,242,52, punitive damages in the amount of $56,485,048, and a declaratory judgment. In his Report and Recom mendation ("R&R"), ECF No. 65, Judge Cott determines that no damages or declaratory relief [should] be awarded because CIG has not stated any actionable claim for relief. (As further set forth in this Order.) For the reasons stated above , the Court concurs with the recommendation of Judge Cott that Plaintiff does not state a single actionable claim. Accordingly, the R&R is ADOPTED in its entirety. Plaintiff is not entitled to any damages or declaratory relief. The Clerk of Court is directed to close this case. (Signed by Judge Analisa Torres on 3/27/2018) (cf)
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| Plaintiff: Continental Industries Group, Inc. | |
| Represented By: | Michael Terrance Conway |
| Represented By: | Nicole Ann Sullivan |
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| Defendant: Mehmet Altunkilic | |
| Represented By: | Robert Howard Rickner |
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