RKI Construction, LLC v. WDF Inc. et al
RKI Construction, LLC |
Andron Construction Corp., Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America and WDF Inc. |
1:2014cv01803 |
March 20, 2014 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Kiyo A. Matsumoto |
Vera M. Scanlon |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
None |
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Filing 221 FINDINGS OF FACT AND CONCLUSIONS OF LAW: Based upon the findings of fact and conclusions of law in the attached Memorandum and Order, the court grants judgment in favor of plaintiff RKI as to its breach of contract claim and awards damages to RKI in the amount of $286,790.84 with pre- and post-judgment interest. The court dismisses with prejudice defendant WDF's counterclaim for breach of contract against RKI and fraud against Leroy Kay and Alice Kay. The Clerk of the Court is respectfully directed to enter judgment for the plaintiff. The parties shall advise the court no later than November 20, 2020, how they intend to proceed with regard to the outstanding issues reserved. Plaintiff shall submit a Bill of Costs pursuant to Fed. R. Civ. P. 54(d). Ordered by Judge Kiyo A. Matsumoto on 11/6/2020. (Tran, Alexander) |
Filing 113 MEMORANDUM AND ORDER denying 103 Motion for Summary Judgment by RKI Construction LLC ("RKI") and granting 101 Motion for Summary Judgment by Citizens Insurance Company of America ("Citizens"). For the reasons in the attached M emorandum and Order: (1) plaintiff RKI's motion for summary judgment on its claim against WDF Inc. ("WDF") is denied; (2) RKI's motion for summary judgment on WDF's counterclaim is denied; and (3) Citizens' motion for su mmary judgment against WDF's third-party claim is granted, and WDF's third-party claim against Citizens is dismissed. The remaining parties shall provide a joint pretrial scheduling order within twenty-one (21) days of this Memorandum & Order. Ordered by Judge Kiyo A. Matsumoto on 4/3/2017. (Grover, Vanish) (Entered: 04/03/2017) |
Filing 95 ORDER. For the reasons stated in the annexed memorandum and order, WDF violated a court order when it did not designate an expert by November 16, 2015. The magistrate judge's order providing sanctions for failure to comply with a court order and for a late request for an extension to complete expert discovery was accordingly neither clearly erroneous nor contrary to law. The sanctions order 90 is accordingly AFFIRMED. Ordered by Judge Kiyo A. Matsumoto on 4/13/2016. (Jacobson, Jonathan) |
Filing 90 ORDER denying 77 Motion for Reconsideration. For the reasons stated therein, WDF's motion for reconsideration is denied. Ordered by Magistrate Judge Vera M. Scanlon on 2/25/2016. (Weingarten, Richard) |
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