Allianz Corporate & Specialty NA v. Sacks

Justia Dockets & Filings Second Circuit New York Southern District Allianz Corporate & Specialty NA v. Sacks

Allianz Corporate & Specialty NA v. Sacks

Plaintiff:	Allianz Corporate & Specialty NA
Defendant:	Douglas L. Sacks
Case Number:	1:2008cv00563
Filed:	January 23, 2008
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Denny Chin
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	None

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Date Filed	Document Text
September 23, 2010	Filing 71 MEMORANDUM OPINION AND ORDER. #99474 Allianz's Motion for Summary Judgment is granted in part and denied in part. Allianz is entitled as a matter of law to recover $975,000.00, representing the amount it paid to settle claims arising from S acks's accident in December, 2003, as well as the costs and attorney's fees it incurred in connection with the underlying Hagaman Action. Insofar as Allianz seeks payment of costs and fees associated with the instant action, however, it is not entitled to recover them and, consequently, Allianz's motion is denied and Sacks's is granted to that limited extent. In the ERII Action, Sacks's Motion for Summary Judgment is denied in its entirety, and ERII's motion for sum mary judgment is granted in its entirety. This Memorandum Opinion and Order resolves docket entry nos. 45, 49 and 59 in case No. 08 Civ. 563, and docket entries nos. 18 and 23 in case No. 08 Civ. 8902. The Clerk of Court is respectfully directed to e nter judgment dismissing the complaint in the ERII Action (No. 08 Civ. 8902). Allianz is directed to file with the Clerk of Court and serve upon Sacks's counsel by no later than October 6, 2010, a sworn affidavit enumerating costs and fees incur red in the underlying Hagaman Action and the date upon which it made payment pursuant to the settlement of the Hagaman Action. Any objection to the amounts requested must be served and filed by October 20, 2010. Courtesy copies of the submissions must be provided for Chambers. SO ORDERED. Relates to 08-563, 08-8902. (Signed by Judge Laura Taylor Swain on 9/23/10) (rjm) Modified on 9/24/2010 (ajc).

Date Filed

Document Text

September 23, 2010

Filing 71 MEMORANDUM OPINION AND ORDER. #99474 Allianz's Motion for Summary Judgment is granted in part and denied in part. Allianz is entitled as a matter of law to recover $975,000.00, representing the amount it paid to settle claims arising from S acks's accident in December, 2003, as well as the costs and attorney's fees it incurred in connection with the underlying Hagaman Action. Insofar as Allianz seeks payment of costs and fees associated with the instant action, however, it is not entitled to recover them and, consequently, Allianz's motion is denied and Sacks's is granted to that limited extent. In the ERII Action, Sacks's Motion for Summary Judgment is denied in its entirety, and ERII's motion for sum mary judgment is granted in its entirety. This Memorandum Opinion and Order resolves docket entry nos. 45, 49 and 59 in case No. 08 Civ. 563, and docket entries nos. 18 and 23 in case No. 08 Civ. 8902. The Clerk of Court is respectfully directed to e nter judgment dismissing the complaint in the ERII Action (No. 08 Civ. 8902). Allianz is directed to file with the Clerk of Court and serve upon Sacks's counsel by no later than October 6, 2010, a sworn affidavit enumerating costs and fees incur red in the underlying Hagaman Action and the date upon which it made payment pursuant to the settlement of the Hagaman Action. Any objection to the amounts requested must be served and filed by October 20, 2010. Courtesy copies of the submissions must be provided for Chambers. SO ORDERED. Relates to 08-563, 08-8902. (Signed by Judge Laura Taylor Swain on 9/23/10) (rjm) Modified on 9/24/2010 (ajc).

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Plaintiff: Allianz Corporate & Specialty NA
Represented By:	Jill E. Sodafsky
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Defendant: Douglas L. Sacks
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