Bernstein v. The Chubb Corporation et al
| Jonathan A. Bernstein |
| The Chubb Corporation, Federal Insurance Company, Great Northern Insurance Company, John D. Finnegan and Thomas F. Motamed |
| 1:2008cv00193 |
| January 9, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Unassigned |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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Filing
69
OPINION & ORDER: Notwithstanding the foregoing, because Wal-Mart has no effect on any of the other elements of Rule 23 applicable here and for the reasons set forth in my January 7, 2010 Opinion & Order, plaintiffs cannot satisfy the elements of adeq uacy of representation, predominance, and superiority. Spagnola, 264 F.R.D. at 91-99. Therefore, I hold that defendants' motion to deny class certification is again granted. Unless the plaintiffs appeal this order pursuant to Rule 23(f), both outstanding motions will be presumed renewed and the pretrial scheduling order originally entered into will be reviewed and the parties will be notified if another pretrial conference is necessary. (Signed by Judge Harold Baer on 11/22/2011) (djc)
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Filing
33
OPINION & ORDER re: 22 MOTION to Strike, 13 MOTION to Dismiss. For the reasons set forth in this Opinion & Order, Defendants' Motion to Dismiss is granted in part and denied in part, Plaintiffs' Motion to Strike is denied and Defendant s' Motion to Deny Class Certification is granted. The parties shall proceed with discovery on the merits of Plaintiffs' individual claims for breach of contract against Great Northern and the Chubb Corporation forthwith in accordance with t he Pretrial Scheduling Order entered in this matter on November 4, 2009. As discussed herein, Chubb's potential liability in this case is limited to allegations of Great Northern's apparent authority to act on its behalf, and any discovery as to Chubb's conduct going forward should be limited accordingly. Thus, there shall be no discovery relating to the issuance of Masterpiece homeowners' policies by any other insurance subsidiary, or relating to Plaintiffs now-rejected theo ry of alter-ego liability. The Clerk of this Court is instructed to remove the Individual Defendants and FIC from the caption of these actions, and to close these motions on my docket (Spagnola Docket Nos. 77, 83 and 88; Berstein Docket Nos. 13 and 22). Federal Insurance Company terminated. (Signed by Judge Harold Baer on 1/7/2010) (tro) Modified on 1/7/2010 (kkc).
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