Safeco Insurance Company of America v. M.E.S., Inc et al
| Safeco Insurance Company of America |
| M.E.S., Inc, M.C.E.S., Inc., Hirani Engineering & Land Surveying, P.C., Hirani/Mes, JV, George Makhoul, Jitendra S. Hirani and Sarita Hirani |
| 1:2009cv03312 |
| July 30, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Andrew L. Carter |
| Allyne R. Ross |
| None |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
535
ORDER granting 503 Motion for Attorneys' Fees: The Court directs that Safeco's fee application is granted in its entirety and Defendants' oppositions to the application are denied in their entirety. The Court finds that the MES Def endants are liable for $5,570,500.62 in attorneys' fees and costs, that the Hirani Defendants are jointly and severally liable for $4,352,639.56 of that amount, and that Defendants are not entitled to any offset against the constructio n completion and related costs established by Safeco in this matter. In light of Defendants' history of re-litigating every issue in this case, the Court cautions them against filing reconsideration motions that are not well-considered. Al l parties are warned that the filing of a reconsideration motion that the Court finds to be frivolous, e.g., merely restating arguments already rejected by the Court, could result in the imposition of sanctions. See Caisse Nationale de Cre dit Agricole-CNCA, N.Y. Branch v. Valcorp, Inc., 28 F.3d 259, 264 (2d Cir. 1994) (affirming imposition of Rule 11 sanction for a frivolous reconsideration motion and stating that Rule 11 permits sanctions against a litigant who submits a motion t hat, evaluated "under an objective standard of reasonableness... [has] no chance of success and [makes] no reasonable argument to extend, modify or reverse the law as it stands."). Finally, the Court directs Safeco to identify by 7/3/18 the total amount of damages that it is owed under the surety agreements, including amounts owed by Defendants, the MES Defendants, and the Hirani Defendants. Ordered by Judge Pamela K. Chen on 6/8/2018. (Rediker, Ezekiel)
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Filing
442
MEMORANDUM AND OPINION: For the reasons in the attached: (1) Safeco's motion for summary judgment, filed in both the Safeco and MES Actions, is GRANTED in its entirety; (2) the MES Defendants' motions in both actions are DENIED; (3) LMIC� 39;s motion for summary judgment is GRANTED; and (4) Comunale's motion for summary judgment is GRANTED. All arguments not explicitly addressed in this opinion have been considered and deemed meritless or irrelevant. The Court does not impose any sanctions on the MES and Hirani Defendants beyond the judgment that they are liable to Safeco for the full amount of indemnification, including attorneys' fees. An evidentiary hearing will be scheduled for calculation of damages. In the meantim e, Safeco may move for restraint of the MES and Hirani Defendants' assets pursuant to N.Y. C.P.L.R. § 5229 pending the evidentiary hearing and the issuance of a final judgment in this matter. Ordered by Judge Pamela K. Chen on 3/30/2017. (Gregorio, Heather)
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Filing
440
ORDER denying 383 Motion for Sanctions; denying 386 Motion for Sanctions; denying as moot 407 Motion to Strike. For the reasons stated in the attached Order: (1) Safeco's motions for discovery sanctions against the non-parties are denied; and (2) Safeco's motion to strike the testimony of Ira Metrick is deemed moot. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2016. (Weingarten, Richard)
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Filing
439
ORDER denying 435 Motion for Attorney Fees. For the reasons stated in the attached Order, Plaintiff's motion for an award of attorney's fees and costs against non-parties Dr. Makhoul and Mr. Dalleggio is denied. Ordered by Magistrate Judge Vera M. Scanlon on 9/9/2016. (Weingarten, Richard)
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Filing
431
ORDER denying 394 Motion for Attorney Fees. Plaintiff's motion for an award of attorney's fees and costs against non-parties Dr. Makhoul and Mr. Dalleggio is denied without prejudice. In conformity with the attached Order, Plaintiff may renew its motion for attorneys fees and costs by August 8, 2016; Dr. Makhoul and Mr. Dalleggio may oppose by August 15, 2016. Ordered by Magistrate Judge Vera M. Scanlon on 8/1/2016. (Weingarten, Richard)
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Filing
281
MEMORANDUM AND ORDER. Defendants' appeals of Judge Scanlon's orders, Dkt. # 228 , 249 & 253 , are denied. Ordered by Judge Allyne R. Ross on 4/16/2013. (Siegfried, Evan)
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Filing
185
ORDER granting 174 Motion for Discovery; granting 175 Motion to Compel. Defendants' and Safeco's motions to compel are granted, subject to the limitations of a properly asserted claim of attorney-client privilege or work product protection as set forth in the Order. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 12/7/2011. (Kerner, Zachary)
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Filing
164
ORDER The court denies Hirani defendants' motion for reconsideration 162 of the court's March 22, 2011 Order 161 . The court declines to issue a temporary stay of that Order. Hirani defendants are directed to provide Safeco with $4,960,067.44 in collateral security no later than April 4, 2011. Ordered by Judge Allyne R. Ross on 3/30/2011. (Robotti, Michael)
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Filing
161
OPINION & ORDER Hirani defendants' motion for modification 154 of the court's December 30 Order 148 is denied. Because Hirani defendants have not complied with the payment schedule set forth in that Order, the court is lifting the stay issued in its December 17 Order 133 and reinstituting its November 22 Order 121 requiring Hirani defendants to provide Safeco with $4,960,067.44 in collateral security. Hirani defendants shall provide that collateral security to Safeco no later than April 4, 2011. Ordered by Judge Allyne R. Ross on 3/22/2011. (Robotti, Michael)
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Filing
148
OPINION & ORDER: The court denies Hirani defendants' motion for reconsideration 140 of the amount of the $1 million bond set by the court's December 17 Order 133 . However, the court grants Hirani defendants an extension of time to post $800,000.00 of the $1 million bond. The bond is to be posted in accordance with the following payment schedule: Hirani defendants must post the $200,000.00 of equity in Mr. and Mrs. Hirani's home with the court no later tha n January 3, 2011; they must post $400,000.00 with the court no later than March 4, 2011; and they must post the remaining $400,000.00 with the court no later than May 3, 2011. Failure to abide by this schedule may result in the court revo king the stay issued in its December 17 Order. Upon posting of the full amount of the $1 million bond on May 3, 2011, the Clerk of Court shall return to Hirani defendants the stock certificate that they have posted as interim security. Ordered by Judge Allyne R. Ross on 12/30/2010.(Robotti, Michael)
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Filing
144
ORDER granting 137 Motion for Reconsideration. The court holds that it has jurisdiction to adjudicate Safeco's motion for reconsideration. The court grants that motion to a limited extent. The court holds that the amount of the bond that it re quired MES defendants to post in its December 17 Order 133 should be increased from $200,000.00 to $445,000.00. Thus, MES defendants are directed to post an additional $245,000.00 with the Clerk of Court by January 5, 2011 or to comply with the court's November 22 Order 121 by that date. Ordered by Judge Allyne R. Ross on 12/29/2010. (Robotti, Michael)
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Filing
133
OPINION & ORDER: The Court grants defendants' ( 127 , 128 ) motion for a stay of the Court's 11/22 Order 121 pending their appeal of that Order to the Second Circuit. The stay shall become effective upon the posting of court-appro ved bonds in the amount of $200,000 by MES defendants and $1,000,000 by Hirani defendants. Defendants shall post those bonds by 12/29/2010 or comply with the Court's 11/22 Order by that date. The Court also grants Safeco's motion for enforcement of its right to an assignment of defendants' claims related to the three bonded projects, and its right to exercise a power-of-attorney to effectuate that assignment, under the Indemnity Agreements. The Court denies defendants� 39; request to stay the Order enforcing Safeco's right to an assignment of defendants' claims and its right to a power-of-attorney. The Court also denies Safeco's request to stay the entire proceeding while defendants' appeal of the Court's 11/22 Order is pending. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 12/17/2010) (Latka-Mucha, Wieslawa) (Modified)
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Filing
121
OPINION AND ORDER. The court holds that Safeco is entitled to $6,614,634.41 in collateral security from MES defendants and $4,960,067.44 in collateral security from Hirani defendants. Under the Indemnity Agreements, defendants are jointly and severally liable for the $4,960,067.44 in collateral security for the HEPFF Project. Defendants therefore are directed to reach an agreement regarding apportionment of that amount and to provide a total of $4,960,067.44 in collateralse curity for the HEPFF project to Safeco by December 1, 2010. If defendants do not reach an agreement regarding apportionment, MES and Hirani defendants shall each provide Safeco with $2,480,033.72 in collateral security for the HEPFF Project on t hat date. MES defendants shall provide Safeco with the additional $779,566.97 in collateral security for the PRTF Project and $875,000 in collateral security for projected legal and consulting fees by December 1, 2010. Ordered by Judge Allyne R. Ross on 11/22/2010. (Siegfried, Evan)
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Filing
107
OPINION AND ORDER. Pursuant to this court's Order of May 18, 2010, Safeco is directed to provide the court with the August 24, 2010 demand served on defendants seeking an amount of collateral security, and is directed to subtract from that dem and any claims that have actually been paid as of that date. At this time, Safeco shall not include additional claims not previously sought. Defendants are directed to respond to Safeco's request within 14 days of filing. Plaintiff's motion for a formal assignment of defendants' affirmative claims is denied at this time. Ordered by Judge Allyne R. Ross on 9/30/2010. (Siegfried, Evan)
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