Germain et al v. M&T Bank Corporation et al
| David Germain, Selim Zherka, Lexington Capital Associates LLC, Silas Investments, LLC and Zherka Family Irrevocable Trust |
| M&T Bank Corporation, Mark Walz and M&T Bank Corporation Internal Loan Approval Committee Members 1-20 |
| 7:2013cv07273 |
| October 16, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Banks and Banking |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
77
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reo pen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so order ed" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/23/2016) (lnl)
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Filing
45
OPINION AND ORDER: Defendants' Motion To Dismiss the § 1985(3) claim is granted. In light of the foregoing analysis, the Court grants in part and denies in part Defendants' Motion To Dismiss Plaintiffs' Amended Complaint. Spec ifically, Germain's and Lexington Capital's claims under the ECOA and NYHRL are dismissed for lack of standing. Zherka, the Zherka Trust, and Silas Investments' claims of discrimination under the ECOA and NYHRL are dismissed without prejudice. Plaintiffs' claims under the FHA are dismissed without prejudice. Plaintiffs' conspiracy claim pursuant to 42 U.S.C. § 1985 is dismissed without prejudice. Defendants' Motion as to Zherka's claim for violation o f the ECOA's notification provision and Zherka's claim for slander is denied. Plaintiffs are given 30 days to file a Second Amended Complaint. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 36.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/19/2015) (lnl)
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