Lehman v. Garfinkle et al
| Alan Lehman |
| Paul Garfinkle, Anthony Lawand, Steve Bazsuly, Richard Kern, Key TEC International, Spanish Gates, LLC and Does 1-20 |
| 1:2008cv09385 |
| October 31, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| New York |
| Debra C. Freeman |
| Sidney H. Stein |
| None |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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Filing
46
OPINION AND ORDER. For the reasons in this Opinion and Order, Lehman's claims are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for plaintiff's failure to prosecute. Garfinkle's counterclaim is dismissed without prejudice. See 28 U.S.C. § 1367(c). (Signed by Judge Sidney H. Stein on 10/16/2013) (rjm)
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Filing
42
ORDER adopting 39 Report and Recommendations. On or about November 8, 2012, defendant Paul Garfinkle filed a motion styled "Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice." (Dkt. No. 36.) On March 7, 2013, Magi strate Judge Debra Freeman issued a Report and Recommendation (Dkt. No. 39) recommending that this Court construe defendant's motion as a properly filed motion to dismiss the First Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Judge Freeman further recommended that this Court deny that motion. The prescribed time for objections to Judge Freeman's Report and Recommendation has elapsed and the Court has received none. Following de novo review, the C ourt adopts Judge Freeman's Report and Recommendation in full. The Court notes that defendant has already filed his answer, which includes a counterclaim, to the First Amended Complaint. (Dkt. No. 41.) The parties shall inform the Court in writ ing by April 26, 2013, whether they require any additional time for discovery. If the parties request additional time, they shall submit a proposed schedule for all remaining discovery. Motions for summary judgment, if any, shall be filed by May 31, 2013. Oppositions to any motion for summary judgment shall be filed by June 21, 2013. Replies, if any, shall be filed by June 28, 2013. The Court will revisit this briefing schedule in the event that the parties request additional time for discovery. (Signed by Judge Sidney H. Stein on 4/12/2013) (mro)
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Filing
38
MEMORANDUM AND ORDER: For the reasons set forth herein, Lehman's motion for leave to file the Amended Complaint (Dkt. 37) is granted, to the extent he has sought leave to add an accounting-malpractice claim to his existing claims against Garfink le for legal malpractice and injunctive relief. To the extent the proposed Amended Complaint purports to set forth any additional claims, those claims were previously dismissed, and the Court does not grant leave to Lehman to reassert them. According ly, the Amended Complaint is accepted for filing, except that paragraphs 36-59 of that pleading are deemed omitted, as those paragraphs reiterate allegations related solely to previously-dismissed claims. (Signed by Magistrate Judge Debra C. Freeman on 3/7/2013) (sac)
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Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS, that the motions to dismiss filed by defendants Bazsuly (3), Kern(4), and Lawand(5) are granted but without prejudice to plaintiff amended the corrected complaint in order to attempt to plead facts sufficient to state viable claims against those defendants on or before 10/12/09; and defendant Bazsuly's motion for Rule 11 sanctions is denied. (Signed by Judge Sidney H. Stein on 9/16/09) (cd)
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