Federal Insurance Company et al v. Mertz, Jr. et al
| Federal Insurance Company, Great Northern Insurance Company and Pacific Indemnity Company |
| Paul H. Mertz, Jr., The Mertz Company and Dennis Sorge |
| 7:2012cv01597 |
| March 5, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Edgardo Ramos |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
258
ORDER ADOPTING REPORT AND RECOMMENDATION: for 232 Motion for Attorney Fees, filed by Great Northern Insurance Company, Federal Insurance Company, Pacific Indemnity Company. This case was referred to Magistrate Judge McCarthy for a Report and Recommendation on the award of attorneys' fees and costs. In a Report and Recommendation filed on April 14, 2017, Magistrate Judge McCarthy recommended that Plaintiffs' be awarded attorneys' fees in the amount of $2,873,510. 64 and costs in the amount of $656,684.36 - for a total amount of $3,530,195.00. (ECF No. 251.) In the present case, the Report and Recommendation advised the parties that they had 14 days from service of the Report and Recommendation to file any objections, and warned that failure to timely file such objections would result in waiver of any right to object. In addition, it expressly called the parties' attention to Rule 72 of the Federal Rules of Civil Procedure and Title 2 8, United States Code, Section 636(b)(l). Nevertheless, as of the date of this Order, no objections have been filed and no request for an extension of time to object has been made. Accordingly, the parties have waived the right to object to the Rep 01t and Recommendation or to obtain appellate review. See Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); see also Caidor v. Onondaga County, 517 F.3d 601 (2d Cir. 2008). Despite the waiver, the Court has reviewed Plaintiffs' application1 and the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Accordingly, the Report and Recommendation is adopted in its entirety. The Clerk of Court is directed to enter judgment consistent with the Report and Recommendation and to terminate motion at ECF No. 232. (Signed by Judge Nelson Stephen Roman on 7/26/2017) (ap)
|
|
Filing
220
OPINION & ORDER: Based on the parties' objections to the admissibility of the testimony of Sarah Brogan, the Court makes the following rulings, as set forth in this Order. (Signed by Judge Nelson Stephen Roman on 4/25/2016) (mml)
|
|
Filing
217
OPINION & ORDER re: 196 MOTION in Limine to Preclude Admission of Certain Underwriting Records filed by Great Northern Insurance Company, Federal Insurance Company, Pacific Indemnity Company, 195 MOTION in Limine filed by Dennis Sorge. For the foregoing reasons, Plaintiffs' motion is DENIED, and Defendant Sarge's motion is GRANTED in part and DENIED in part. In so holding, the Court rules: (1) Defendants may introduce the COC Reports, as they are relevant and admissible; (2) Whether Sorge was acting as an adverse agent is a factual question for trial; (3) Plaintiffs may admit evidence of Sarge's financial records, as it is relevant and not unduly prejudicial; (4) Plaintiffs may present a witness to provide an objective summary of Sorge's financial records, but the witness may not opine on or analyze such records; (5) Plaintiffs may not introduce extrinsic evidence of Sarge's prior inconsistent statements regarding Midlant ic Restoration; and (6) Plaintiffs may not introduce evidence concerning the FBI's investigation of Lou Cordasco or Sorge's participation in the investigation. The Court respectfully directs the Clerk to terminate the motions at ECF Nos. 195 and 196. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/18/2016) (mml)
|
|
Filing
177
OPINION & ORDER: Plaintiffs' motion is DENIED, Mertz Defendants' motion is GRANTED in part, and the Court withholds judgment as to the remaining issues. In so holding, the Court rules: (1) Plaintiffs have the initial burden to prove dama ges, under both the breach of fiduciary duty burden shifting and the wrongdoer rule; (2) Whether the Mertz Defendants were agents of the insured parties is a question of fact not proper for a motion in limine; (3) Out-of-pocket loss is defined as t he difference between the actual claim payments and the actual cost of the covered repair work, which is the same (disregarding profit and overhead) as what Chubb should have paid if the estimates were not inflated; and (4) Both parties are allowe d to submit any admissible and relevant evidence to prove such out-of-pocket loss. The Court reserves judgment on the proper calculation of damages for the breach of fiduciary duty, which will depend upon the nature of the wrongs that Chubb can p rove were committed by Mertz Defendants. The Court respectfully directs the Clerk to terminate the motions at ECF Nos. 161 and 167. With regards to the summary judgment briefing on the issue of an agency relationship, the Mertz Defendants should s ubmit moving papers no later than January 22, 2016. Chubb's opposition will be due February 5, 2016, and reply papers will be due February 19, 2016. The parties are directed to review the Court's individual rules regarding motio practice. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/12/2016) (lnl)
|
|
Filing
158
OPINION & ORDER re: 117 MOTION for Partial Summary Judgment filed by The Mertz Company, Paul H. Mertz, Jr. For the foregoing reasons, Mertz Defendants' motion for partial summary judgment is GRANTED with respect to the faithl ess servant doctrine claim and DENIED with respect to the statute of limitations claim. The Court additionally finds that Judge McCarthy's opinion was not clearly erroneous or an abuse of her discretion and therefore DENIES Defendants' moti on seeking to overrule the April Order. The Court respectfully directs the Clerk to terminate the motions at ECF Nos. 117 and 130. The parties are directed to appear for a pretrial conference on October 21, 2015, at 11:00 AM. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/29/2015) (mml) Modified on 9/30/2015 (mml).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
