Gowanus Industrial Park, Inc. v. Arthur H. Sulzer Associates, Inc.
| 1:2006cv00105 |
| January 10, 2006 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sterling Johnson |
| James Orenstein |
| Contract: Marine |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
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Filing
109
ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the enclosed Memorandum and in Judge Orenstein's thorough and well-reasoned R&R 108 , the court (1) grants AHS's motion for summary judgment 101 as to its first and sixth counterclaims; (2) awards AHS damages of $100,500 on its first counterclaim and $9,918.30 on its sixth counterclaim, resulting in a total damages award of $110,418.30; (3) denies the remainder of AHS's motion for summary jud gment; (4) denies Gowanus's cross-motion for summary judgment 106 as to AHS's first and sixth counterclaims; and (5) grants the remainder of Gowanus's motion for summary judgment. As there has not been any finding of bad faith, an award of attorney's fees and costs is not warranted. The Clerk of Court is respectfully requested to enter judgment and to close this case. Ordered by Judge Kiyo A. Matsumoto on 9/2/2014. (Tsai, Denise)
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Filing
94
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons stated in the attached Order, the court overrules AHS's objections, adopts Judge Orenstein's Report and Recommendation, and supplements Judge Orenstein's well-reasoned analysis as set forth in the attached Order. Accordingly, the court denies the parties' cross-motions for summary judgment and dismisses AHS's pending counterclaims. In addition, the court grants AHS leave to amend its Answer to plead sufficient counterclaims that articulate a specific legal theory supported by the undisputed facts within thirty days of this Order, or by April 29, 2013. Following AHS's filing of such counterclaims, the parties may file final dispositive motions without seeking further discovery. Ordered by Judge Kiyo A. Matsumoto on 3/29/2013. (Tolentino, Raymond)
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Filing
71
ORDER adopting Report and Recommendations, doc. no. 68 . For the reasons set forth in the attached Order, plaintiff's objections to Judge Orenstein's March 24, 2010 Report and Recommendation are overruled and defendant is awarded damages in the total amount of $208,200, consisting of $93,000 in lost rental income on defendant's first counterclaim, $100,200 in lost rental income on its second counterclaim, and $15,000 in repair costs on its third counterclaim. The Clerk of the Court is respectfully directed to enter judgment in favor of defendant in accordance with this Order and to close this case. So Ordered by Judge Kiyo A. Matsumoto on 6/23/2010. (Kabrawala, Ameet)
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