Toussie et al v. Allstate Insurance Company
Plaintiff: Laura Toussie and Robert Toussie
Defendant: Allstate Insurance Company
Case Number: 1:2015cv05235
Filed: September 10, 2015
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Viktor V. Pohorelsky
Presiding Judge: Allyne R. Ross
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
July 26, 2019 Opinion or Order Filing 298 ORDER: The Court has completed its in camera review of the plaintiffs' tax returns and has returned the original tax returns to plaintiffs. For the reasons stated in the attached Order, the Court has made redactions to certain pages of th e tax returns. The Court's redactions to the tax returns will be filed under seal in a separate entry, viewable only by plaintiffs and the Court. Plaintiffs are Ordered to provide a copy of the redacted tax returns as filed in Docket Entry 299 to defendant by 7/30/2019. Additionally, the Court once again Orders plaintiffs to respond to interrogatories number 10, 11, and 12 by 7/30/2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/26/2019. (Graham, Emily)
May 13, 2019 Opinion or Order Filing 257 ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons stated in the attached opinion, Judge Pollak's 249 recommendations are adopted in full. See order for details. Ordered by Judge Allyne R. Ross on 5/13/2019. (Nellis, Andrew)
June 8, 2018 Opinion or Order Filing 198 MEMORANDUM AND ORDER denying 161 ; granting in part and denying in part 182 ; denying 187 . Plaintiffs' motion to lift the preservation order is granted only with respect to the 202 boxes as to which the parties agree, but denied as to the 5 8 boxes Allstate identified in its 165 letter. Allstate's motion to continue the Preservation Order is granted with respect to the 58 boxes in dispute, and shall continue in effect until further Order of the Court. The parties shall submit e xpert reports as directed in the Order by 7/9/2018 and shall also meet and confer as directed herein by that date. Allstate's 182 motion to compel is granted in part. Requests to Produce Nos. 1-11 and 15 are deemed admitted, and the p laintiffs are Ordered to produce copies of the videos taken during the inspection. Plaintiffs' cross-motion to compel production of photographs taken during the inspection is granted. Plaintiffs' motion to compel production of notes taken by defendant's attorneys and paralegals is denied. The Court defers ruling on defendant's motion for sanctions and grants leave to renew after the issue of preservation is resolved. However, the Court admonishes plaintiffs and their coun sel as set forth herein. Plaintiffs' motion to amend the Complaint shall be filed by 5 p.m. on 6/15/2018 and shall attach a copy of the proposed amended complaint. No extensions will be granted. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/8/2018. (Blase, Brendan)
May 2, 2018 Opinion or Order Filing 181 ORDER re 154 - 179 . Given the pending disputes, the earlier preservation Orders are extending pending further Order of this Court. It is therefore ORDERED that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employee s, and any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Service, 100 Imlay Street, Brooklyn, NY 11231, absent further Order of this Court. Counsel for Allstate shall serve this Order as directed. See attached Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/2/2018. (Blase, Brendan)
February 20, 2018 Opinion or Order Filing 154 ORDER re 153 - 131 . Except for the inspection of CFASS, all proceedings in this matter are STAYED until 3/9/2018. During that time, plaintiffs and their new counsel shall endeavor in good faith to resolve theretaining lien. The inspection at CFASS shall continue. The Court reaffirms its earlier rulings: Allstate is entitled to inspect, open, and photograph the exterior, interior, and contents of any of the boxes at CFASS. The parties shall endeavor to conclude the inspection by 3/16/2018. The Court ORDERS that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, and any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie&# 039;s Fine Art Storage Services, 100 Imlay Street, Brooklyn, NY 11231, absent permission from this Court. This prohibition shall remain in place until the earlier of May 1, 2018 or upon further Order of this Court upon the conclusion of the inspection of the premises. Counsel for Allstate Insurance Company is directed to serve a copy of this Order on Christie's Fine Art Storage Services. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/20/2018. (Blase, Brendan)
January 12, 2018 Opinion or Order Filing 147 PRESERVATION ORDER, granting in part 146 , re: 110 - 119 . For the reasons set forth in the attached Order, the Court concludes it is appropriate that its 110 - 119 earlier Preservation Orders continue in effect. The Court therefore ORDERS that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, or any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Services, 100 Im lay Street, Brooklyn, NY 11231, absent permission from this Court. This prohibition shall remain in place until the earlier of March 15, 2018 or the conclusion of the inspection of the premises. Counsel for Allstate Insurance Company is dire cted to serve a copy of this Order on Christie's Fine Art Storage Services. The Court will address the remaining issues raised in 146 defendant's letter in a future order. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/12/2018. (Blase, Brendan)
October 20, 2017 Opinion or Order Filing 110 MEMORANDUM AND ORDER denying 108 . Plaintiffs motion to quash the subpoena or for a protective order is denied. Allstate is directed to submit its subpoena directed to Christies (and Locksons, should Allstate choose to issue a subpoena) for the Co urt to so order. Plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, or any other person acting on their behalf, are enjoined from removing any boxes or property from the storage units rented located at Christies Fine Ar t Storage Services, 100 Imlay Street, Brooklyn, NY 11231 absent permission from this Court. This prohibition shall remain in place until the earlier of November 6, 2017 or the inspection of the premises by the defendant. See Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/20/2017. (Blase, Brendan)
November 3, 2016 Opinion or Order Filing 81 ORDER granting 58 Motion to Dismiss. Plaintiffs second and third claims for relief are dismissed with prejudice. Ordered by Judge Allyne R. Ross on 11/3/2016. (Matsumura, Rebecca)
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Defendant: Allstate Insurance Company
Represented By: Karen Maria Berberich
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Plaintiff: Laura Toussie
Represented By: Marshall Gilinsky
Represented By: Bruce Elliot Strong
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Plaintiff: Robert Toussie
Represented By: Marshall Gilinsky
Represented By: Bruce Elliot Strong
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