Scarangella v. Group Health. Inc. et al
| 1:2005cv05298 |
| June 3, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronald L. Ellis |
| Kenneth M. Karas |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
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Filing
148
OPINION AND ORDER: Under ERISA, "the [district] court in its discretion may allow a reasonable attorney's fee and costs of action to either party." 29 U.S.C. § 1132(g)(1). Guided by Hardt, as well as this Circuit's precedent, this Court concludes that Village Fuel did not obtain the minimum amount of success to constitute "some degree of success on the merits." Accordingly, Village Fuel's motion for attorneys' fees is denied. In all other respects, the Court adopts Judge Ellis's thorough and well-reasoned Report. (Signed by Judge Richard J. Sullivan on 7/3/2012) (jar)
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Filing
99
ORDER: In light of the foregoing, pursuant to Rule 41 (a)(2), it is hereby ordered that Plaintiffs claims against Village Fuel and GHl's cross-claim against Village Fuel for equitable reformation are dismissed. It is further ordered GHI shall s how cause, in a letter to be received by the Court by May 26, 2009, why its remaining counterclaims and its cross-claim for rescission should not be dismissed pursuant to Rule 41(b) for failure to comply with the Court's April 30, 2009 Order. If GHI wishes to pursue its rescission claims, the submission shall also precisely describe the relief sought, as well the basis for its position that these claims are equitable in nature under the authority cited in the Court's March 24, 2009 decision. The Court will address the remaining issues raised in the parties' joint letter after reviewing GHI's submission, if any. (Signed by Judge Richard J. Sullivan on 5/19/2009) (jpo)
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Filing
94
AMENDED OPINION AND ORDER #97279: For the reasons stated above, GHI's motion for summary judgment is denied, Village Fuel's motion for summary judgment is granted in part and denied in part, and the Court enters summary judgment in Plaintif f's favor, sua sponte, on GHI's counterclaim for restitution. Thus, the pending claims remaining in this litigation are Plaintiff's claims against Village Fuel and OHI, subject to the ruling in note 2 of this decision, and GHI's c rossclaims and counterclaims for rescission and reformation. The parties are HEREBY ORDERED to appear for a status conference in this matter on April 23, 2009 at 2:30 p.m. The Clerk of the Court is respectfully directed to terminate the motions docketed as document numbers 42 and 61. (Signed by Judge Richard J. Sullivan on 3/24/2009) (jpo) Modified on 4/1/2009 (mro).
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