Travelers Casualty and Surety Company of America v. DiPizio Construction Company, Inc. et al
Travelers Casualty and Surety Company of America |
DiPizio Construction Company, Inc., Boehmer Transportation Corp, Great Lakes Concrete Products, LLC, Bernard DiPizio and Laurice Boehmer |
1:2014cv00576 |
July 16, 2014 |
US District Court for the Western District of New York |
Buffalo Office |
Erie |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Other Contract |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 147 DECISION AND ORDER GRANTING Defendants' 145 Motion to Stay. The Court notes, however, that it will maintain the hearing on 6/11/18 as a Status Conference. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/31/18. (JO) |
Filing 136 JUDGMENT granting Travelers's Partial Summary Judgment. Signed by Mary C. Loewenguth, Clerk of Court on 4/19/2018. (KM) |
Filing 134 DECISION AND ORDER: For the reasons stated, the Court ADOPTS Judge Schroeder's 130 Report and Recommendation in full, and Travelers's 111 Partial Motion for Summary Judgment is GRANTED.Consequently, Travelers is entitled to: (1) a judgment finding liability and damages under the First through Seventh Claims in the amount of $2,105,829.09, plus prejudgment interest at the rate of 9% per annum from the date of loss pursuant to N.Y. C.P.L.R. § 5004 against DCC and the Indemnitors; (2) a judgment finding liability on the Eighth and Ninth Claims with the amount to be determined at a hearing; (3) a judgment finding liability and damages under the Eleventh Claim in the amount of $4.25 million as collat eral security for Travelers's anticipated losses under the Inner Harbor bonds; (4) severance of the remaining claims and counterclaims pursuant to Rule 54; and (5) final judgment as to the First through Ninth and Eleventh Claims pursuant t o Rules 54 and 58.As a result, the Tenth and Twelfth through Sixteenth Claims will proceed.By separate order, the Court will schedule a status conference to hear from the parties on the progress of this action. SO ORDERDED. Signed by Hon. Frank P. Geraci, Jr. on 4/16/18. (JO)-CLERK TO FOLLOW UP- |
Filing 109 ORDER. The Court DECLINES TO ADOPT the Report and Recommendation 68 . Travelers's motion for partial summary judgment 32 is DENIED AS MOOT; this denial is WITHOUT PREJUDICE. Signed by Hon. Frank P. Geraci, Jr. on 6/21/2016. (BD) |
Filing 60 ORDER denying 49 Motion to Disqualify Counsel. Signed by Hon. H. Kenneth Schroeder, Jr on 7/6/2015. (KER) |
Filing 42 ORDER denying 30 Motion to Stay. Signed by Hon. H. Kenneth Schroeder, Jr on 5/7/2015. (KER) |
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