Novick v. AXA Network, LLC
Plaintiff: Steven S. Novick
Defendant: AXA Network, LLC
Case Number: 1:2007cv07767
Filed: August 31, 2007
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Alvin K. Hellerstein
Presiding Judge:
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 oc Diversity-Other Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
February 23, 2015 Opinion or Order 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).
October 22, 2014 Opinion or Order 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)
December 11, 2013 Opinion or Order 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)
December 6, 2013 Opinion or Order 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)
November 6, 2013 Opinion or Order 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).
September 24, 2013 Opinion or Order 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)
September 25, 2009 Opinion or Order 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)
August 27, 2009 Opinion or Order 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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