W.W. Polymers, Inc. v. Shinkong Synthetic
| World Wide Polymers, Inc. |
| Shinkong Synthetic Fibers Corporation |
| Shinkong Synthetic Fibers Corporation |
| World Wide Polymers, Inc. |
| 1:2003cv08843 |
| November 7, 2003 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Loretta A. Preska |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
54
OPINION and ORDER re: 43 MOTION for Summary Judgment. filed by Shinkong Synthetic Fibers Corporation. For the reasons stated above, Shinkong's motion for summary judgment is GRANTED as to World Wide's claim for injunctive relief and DENIED as to Shinkong's counterclaim for breach of contract. Counsel shall confer and inform the court no later than August 13 how they propose to proceed. (Signed by Judge Loretta A. Preska on 7/30/10) (djc) Modified on 8/2/2010 (djc).
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Filing
42
ENDORSEMENT: Plaintiff moves [dkt. no. 35] for reconsideration of the Court's order of August 24, 2009, denying Plaintiffs sub silentio post hoc request for yet another extension of the time for filing an expert report and striking its request f or damages. The motion is denied because Plaintiff has pointed to no "matters or controlling decisions which counsel believes the court has overlooked." Local Civil Rule 6.5. If the Court were to reconsider the August 24 order, it would be adhered to. "[D]iscovery orders are meant to be followed. A party who flouts such orders does so at its peril." Bambu Sales v. Ozak Trading, 58 F.3d 849, 854 (2d Cir. 1995) (internal quotation marks omitted). Here, the Court was simply en forcing its order of April 30, 2009 [dkt.no. 32] that "[n]o further extensions will be granted." As noted in the August 24 order, "no further extensions means no further extensions." (Signed by Judge Loretta A. Preska on 9/18/2009) Copies Faxed By Chambers (jpo)
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Filing
33
REVISED ORDER: Having reviewed counsel's recent letters (attached), I now hold that "no further extensions" means "no further extensions." World Wide Polymers' sub silentio request that the Court accept its expert report filed seven weeks late is denied; its request for damages is stricken, and the case will proceed on World Wide Polymers' request for injunctive relief, with discovery to close in accordance with the previously ordered schedule. (Signed by Judge Loretta A. Preska on 8/24/2009) Copies Faxed By Chambers.(jpo)
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