Bild v. Konig et al
Case Number: 2:2009cv05576
Filed: December 21, 2009
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Allyne R. Ross
Presiding Judge: A. Kathleen Tomlinson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
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Date Filed Document Text
July 3, 2014 Opinion or Order Filing 331 OPINION AND ORDER denying 322 and 325 Motion To File An Amended Answer to Add the Affirmative Defense of Illegality filed by Michael Konig. Ordered by Judge Allyne R. Ross on 7/3/2014. (Rubin-Wills, Jessica)
June 20, 2013 Opinion or Order Filing 296 OPINION AND ORDER. The judgment shall be amended once more, as attached, to reflect that Bild is entitled to recover from Wieder: (1) $3 million; (2) prejudgment interest on the $3 million at the rate of 11% from Decembe r 31, 1998 to December 31, 1999, and at the rate of 15% from January 1, 2000 to the date of judgment; (3) prejudgment interest at the statutory rate of 9%, pursuant to New York Civil Practice Law and Rules §§ 5001 and 5004, on e ach of the interest payments owed by Wieder under the terms of the Loan Documentsincluding interestpayments that continued to be due following the sale of Vanderveer in 2003; and (4) costs and attorneys' fees. The Judgment Clerk is directed to calculate the proper amount of interest accordingly. Ordered by Judge Allyne R. Ross on 6/20/2013. Modified on 6/20/2013 (Marziliano, August).
May 15, 2013 Opinion or Order Filing 285 OPINION AND ORDER. Wieder is equitably estopped from asserting the statute of limitations defense to Bild's action for breach of the Loan Agreement and accompanying Promissory Note. The court therefore concludes that Wieder is l iable to Bild for: (l) the entire $3 million principal balance on the loan; (2) simple interest calculated at an annual rate of eleven percent, Pl.'s Ex. 2, at I, from December 31, 1998, to December 31, 1999; (3) simple interest calculate d at an annual rate of fifteen percent, Pl.'s Ex. I, at I, from January I, 2000, to the date of judgment; and (4) "all costs of collection, including reasonable attorney's fees," id. at 2. The Clerk shall enter judgment for plai ntiff in the amount of $3 million plus interest as described above. In addition, the matter shall be referred to Magistrate Judge Pohorelsky to determine the appropriate amount of costs and fees to be awarded. Ordered by Judge Allyne R. Ross on 5/14/2013. Forwarded for judgment. (Siegfried, Evan)
June 14, 2012 Opinion or Order Filing 186 ORDER denying 162 Motion for Discovery. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/14/2012. (Pohorelsky, Viktor)
September 8, 2011 Opinion or Order Filing 119 ORDER denying 110 Motion for Leave to Appeal. Konig's motion requesting that the court (i) certify its August 3, 2011 Order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) or (ii) in the alternative, certify the Order as a fina l judgment pursuant to Federal Rule of Civil Procedure 54(b) is denied. Non-party Abraham Roth is directed to appear for a deposition in this matter and to produce unredacted copies of the March 2007 Settlement Agreement and the November 2004 Arbitration Agreement by September 21, 2011. Ordered by Senior Judge Allyne R. Ross on 9/7/2011. (Robotti, Michael)
August 1, 2011 Opinion or Order Filing 106 ORDER denying 102 Motion to Strike Complaint but granting motion to compel tax returns. See Order. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/1/2011. (Pohorelsky, Viktor)
February 14, 2011 Opinion or Order Filing 69 OPINION and ORDER. Weider's motion to dismiss Plaintiffs claims asserting breach of the Loan Agreement and breach of the Note as time barred is denied, and Konig's motion to dismiss Plaintiffs third party beneficiary claim is granted. Ordered by Judge Allyne R. Ross on 2/10/2011. (Siegfried, Evan)
June 22, 2010 Opinion or Order Filing 48 ORDER. On 6/17/10 defendant Michael Konig filed 37 objections to Judge Pohorelsky's 6/3/10 Order 34 . On 6/18/10 defendant Konig filed 41 letter seeking an immediate stay of Judge Pohorelsky's 6/3/10 Order which plaintiff opposes 47 . The Court concludes that Judge Pohorelsky's 6/3/10 Order 34 should not be disturbed. The parties are not precluded from raising concerns before Judge Pohorelsky about the scope of any questions during Mr. Roth's deposition, nor are they precluded from raising additional discovery matters before Judge Pohorelsky. Ordered by Judge Allyne R. Ross on 6/22/2010. (Manuel, Germaine)
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