Haberfeld et al v. Gramercy Tavern Corp.
1:2006cv13532 |
November 29, 2006 |
US District Court for the Southern District of New York |
Foley Square Office |
Laura Taylor Swain |
P.I.: Other |
28 U.S.C. ยง 1332 Diversity-(Citizenship) |
Plaintiff |
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Filing 30 ORDER: No later than three weeks from the date of this Order, Plaintiffs counsel shallsubmit: (a) documentary evidence, or other evidence in admissible form and (b) a memorandum of law addressing the questions as further set forth in this Order.If defendant wishes to submit a response, it should do so within one week of receiving Plaintiffs' submission. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 10/28/2009) Copies Mailed By Chambers.(tve) |
Filing 29 MEMORANDUM AND ORDER granting in part and denying in part 16 Motion for Summary Judgment. (1) Defendant's motion for summary judgment in its favor (Dkt. 16) is granted as to Count I of Plaintiffs' Complaint, insofar as it alleges that Def endant had actual or constructive notice of the dangerous condition that allegedly caused Ms. Haberfeld to fall. (2) Defendant's motion for summary judgment is otherwise denied. (3) Plaintiffs' counsel is directed either: (a) to produce Mr. Haberfeld for deposition on a date during the month of April 2009, to be agreed by the parties and "so ordered" by the Court; or (b) show cause no later than two weeks from the date of this Order why a hearing should not be conducted to determine whether a guardian ad litem should be appointed for Mr. Haberfeld, pursuant to Rule 17(c)(2) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 3/23/2009) Copies Mailed By Chambers.(tve) |
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