Superior Site Work, Inc. et al v. Nasdi, LLC et al
| Diversified Construction Corp., Harrison Avenue Properties LLC. and Superior Site Work, Inc. |
| Nasdi, LLC and Travelers Casualty and Surety Company of America |
| 2:2014cv01061 |
| February 19, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| William D. Wall |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
161
MEMORANDUM OF DECISION AND ORDER re 143 motion to dismiss. Presently before the Court is a motion by NASDI to dismiss the Complaint pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(1). For the reasons explained below, the Court denies NASDI's motion in its entirety. So Ordered by Judge Arthur D. Spatt on 4/5/2019. (Coleman, Laurie)
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Filing
141
MEMORANDUM OF DECISION & ORDER re 133 MOTION to Vacate Stay of Third-Party Action, and Postpone Pretrial Conference. For the foregoing reasons, the Court DENIES NASDIs motion to vacate the stay and DENIES NASDIs motion to postpone the pre-trial conference. The parties are directed to schedule a pre-trial conference with Magistrate Judge Locke. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 10/2/2018. (Coleman, Laurie)
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Filing
132
MEMORANDUM OF DECISION AND ORDER: For the above stated reasons, NASDI's 122 motion for summary judgment pursuant to Rule 56 dismissing the second amended complaint is granted in part, and denied in part. It is granted to the extent that all of Harrisons and Diversified's claims are dismissed, as are Superior's claims for specific charges, and all claims for extra work, change orders, and profit sharing except for those related to the extra work for open concrete PSI upgrade change orders. It is denied to the extent that Superior's delay claim and claim for final payment survive. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 8/3/2018. (Coleman, Laurie)
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Filing
108
MEMORANDUM OF DECISION AND ORDER denying 103 Motion for Reconsideration. For the reasons stated above, NASDIs motion for reconsideration pursuant to Local Civil Rule 6.3 is denied in its entirety. The Court notes that the parties incorrectly incl uded the New York City Parks Department as a third party defendant in their captions. The Court previously dismissed the Parks Department as a third party defendant. The parties are directed to use the caption included at the beginning of this memorandum of decision and order, and the Clerk of the Court is respectfully directed to amend the official caption to reflect the same. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 5/22/2017. (Coleman, Laurie)
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Filing
102
MEMORANDUM OF DECISION AND ORDER granting Cases 77 motion to hold the third party action in abeyance; granting in part and denying in part the City and the Parks Department's 78 motion; and denying the 62 motion to strike or sever as moot - Accordingly, the Court grants Cases motion to hold the third party action in abeyance pending the outcome of the NYS Supreme Court cases. The Court grants the City and the Parks Departments motion to the extent that the Parks Department is dismisse d from the action and the third party action is held in abeyance. The Citys motion is denied to the extent that the entire action will not be held in abeyance. The motion by Superior, Diversified and Harrison to strike the third party complaint or to sever it is denied as moot. The Clerk of the Court is respectfully directed to terminate the Parks Department as a third party defendant. The third party action is stayed until further order, and the Clerk of the Court is further respectfully direct ed to place this action on the suspense calendar. The stay is not final and may be vacated if either party demonstrates unfair prejudice or if outstanding issues remain upon completion of the state proceedings. Counsel are directed to inform the Cour t within thirty days after the conclusion of the state proceedings as to the determination of the state proceedings. So Ordered by Judge Arthur D. Spatt on 1/23/2017. City of New York (Department of Parks and Recreation) (Third-Party Deft) terminated. (Coleman, Laurie)
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Filing
60
MEMORANDUM OF DECISION & ORDER - For the foregoing reasons, the Court denies NASDI's 42 partial motion to dismiss in its entirety. See Decision for further details. So Ordered by Judge Arthur D. Spatt on 2/9/2016. c/ecf. (Coleman, Laurie)
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