Novick v. AXA Network, LLC
Steven S. Novick |
AXA Network, LLC |
1:2007cv07767 |
August 31, 2007 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Alvin K. Hellerstein |
Contract: Other |
28 U.S.C. ยง 1332 oc Diversity-Other Contract |
Plaintiff |
Available Case Documents
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Filing 282 REPORT AND RECOMMENDATION. The Court recommends the following adverse inference jury instruction: DESTRUCTION OF EVIDENCE. The defendants had a duty to retain audio recordings containing communications via trading desk telephone lines, for the period August 28-31, 2006, and September 8 - November 5, 2006. The defendants destroyed those audio recordings. You may infer that the information contained in those audio recordings is unfavorable to the defendants. Objections to R&R due by 3/12/2015. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/23/2015) (rjm). |
Filing 259 MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, the plaintiff's motion, Docket Entry No. 245, is granted. The following sanctions are imposed: (a) an adverse inference jury instruction concerning spoliated audio recordings; ( b) the award of the plaintiff's reasonable attorney's fees and costs incurred in connection with the instant motion, which are to be paid by the defendants; and (c) the retaking of the depositions ordered by the Court on October 3, 2013, at the defendants' expense, by November 7, 2014. Granting 245 Motion for Sanctions. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/22/2014) (rjm) |
Filing 231 AMENDED MEMORANDUM AND ORDER: For the foregoing reasons: (1) the defendants shall pay to the plaintiff $22,163.49, the reasonable attorney's fees and costs associated with the depositions; and (2) the defendants and their counsel shall pay to the plaintiff, in equal proportions, $14,220.00, the reasonable attorney's fees incurred in connection with the plaintiff's motion for sanctions. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/11/2013) (tn) |
Filing 229 MEMORANDUM AND ORDER granting 219 Motion for Reconsideration: For the foregoing reasons, the defendants' motion for reconsideration of the Court's October 3, 2013 memorandum and order, Docket Entry No. 219, is granted. Upon reconsideratio n of the plaintiff's motion, the Court finds that: (a) the finding in the October 3, 2013 memorandum and order that the defendants violated the June 27, 2012 discovery order should be, and hereby is vacated; and (b) the remaining findings and sanctions, as articulated in the October 3, 2013 memorandum and order do not need to be modified. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/6/2013) (tn) |
Filing 225 MEMORANDUM AND ORDER: Accordingly, the Court finds that the plaintiff's motion to compel an accounting was substantially justified and ordering the plaintiff to pay the defendants' reasonable expenses is not warranted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/6/2013) (tn) Modified on 11/6/2013 (tn). |
Filing 199 ORDER denying 172 Motion to Compel: For the foregoing reasons, the plaintiffs motion to compel, Docket Entry No. 172, is denied. It is ORDERED that: on or before October 1, 2013, the plaintiff show, via affidavit or other competent evidence, that h is motion was substantially justified or that other circumstances make an award of expenses unjust. See Fed. R. Civ. P. 37(a)(5)(B); on or before October 8, 2013, the defendants respond to the plaintiffs submission; and on or before October 11, 2013, the plaintiff may reply. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/24/2013) (tn) |
Filing 64 ORDER OF TERMINATION OF APPEARANCE OF JAMES G. MURPHY, ESQ.: Defendants AXA Network, LLC and AXA Advisors, LLC ("Defendants"), by and through their counsel, Epstein Becker& Green, P.C. ("EBG"), respectfully request, pursuant to Local Civil Rule 1.4, that the Appearance of James G. Murphy, Esq. as counsel On their behalf be terminated. (Signed by Judge Alvin K. Hellerstein on 9/25/2009) (jpo) |
Filing 53 ORDER GRANTING DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT: The Clerk shall enter judgment against Plaintiff in the amount of $539,038.77, plus additional interest and costs and expenses, including reasonable attorney's fees, to be deter mined as follows: Defendants shall submit calculations and support for the total amount of judgment by September 9, 2009, and Plaintiff may submit an objection, if any, to those calculations, by September 16, 2009. The Clerk shall mark the motion (Doc.#41) as terminated. (Signed by Judge Alvin K. Hellerstein on 8/27/2009) (jpo) |
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Plaintiff: Steven S. Novick | |
Represented By: | Martin H. Kaplan |
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Defendant: AXA Network, LLC | |
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