Five Star Development Resort Communities, LLC v. iStar RC Paradise Valley LLC
| Five Star Development Resort Communities, LLC |
| iStar RC Paradise Valley LLC |
| 1:2009cv02085 |
| March 6, 2009 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| XX Out of U.S. |
| Laura Taylor Swain |
| None |
| Diversity |
| 28:1332 Diversity-Other Contract |
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Filing
198
ORDER denying 196 Motion for Leave to Appeal. Accordingly, Plaintiffs motion for certification is denied. This Order resolves docket entry no. 196. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/05/2012) (ama)
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Filing
190
MEMORANDUM OPINION AND ORDER #102359 . For the reasons in this Memorandum Opinion and Order, iStar's partial summary judgment motion is granted. The Exculpatory Clause in Section 11.2 of the Loan Agreement precludes Five Star from recovering con sequential, indirect or special damages. iStar's motion in limine to preclude the testimony and reports of Saul Solomon and Gadi Kaufman and Plaintiff's Exhibits 305-307 is also granted. iStar may move within 14 days from the date of this M emorandum Opinion and Order to preclude the additional damages evidence that Five Star proffered in connection with this motion practice. Five Star's motion for bifurcation of the trial is denied in its entirety. This Memorandum Order resolves d ocket entry numbers 146 and 149. The final pretrial conference in this matter resumes on September 28, 2012, at 3:00 p.m. By September 25, 2012, the parties must file joint submissions revising their requests to charge, witness and exhibit lists, and estimates of trial length in light of this decision, with courtesy copies for Chambers. Re: 146 MOTION in Limine To Exclude Certain Evidence From Trial - filed by iStar RC Paradise Valley LLC, 149 MOTION to Bifurcate filed by Five Star Development Resort Communities, LLC. (Signed by Judge Laura Taylor Swain on 9/18/2012) (rjm) Modified on 9/19/2012 (ft).
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Filing
137
MEMORANDUM OPINION AND ORDER. For the foregoing reasons, Five Star's motion to preclude or strike defenses in the Answer and to dismiss the Counterclaims is denied in its entirety, and iStar's motion for summary judgment is denied in its en tirety. iStar's Amended Counterclaims (docket entry no. 82) are deemed to amend iStar's Answer (docket entry no. 66) and together with that answer to constitute iStar's Amended Answer and Amended Counterclaims to the Amended Complaint. The parties are directed to meet promptly with Magistrate Judge Peck to discuss settlement. This Memorandum Order resolves docket entry numbers 85 and 89. Re: 85 MOTION to Preclude filed by Five Star Development Resort Communities, LLC, 89 MOTION for Summary Judgment filed by iStar RC Paradise Valley LLC. (Signed by Judge Laura Taylor Swain on 3/26/2012) (rjm)
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Filing
64
MEMORANDUM OPINION AND ORDER: #99156 For the foregoing reasons, Plaintiff's claims for negligent misrepresentation (Count IV), breach of the covenant of good faith and fair dealing (Count V), breach of fiduciary duty (Count VI), and tortious int erference with prospective economic relations (Count VIII) are dismissed. Defendant's motion is denied in all other respects. Plaintiff's request for leave to replead is denied. This Memorandum Opinion and Order resolves docket entry no. 42. So Ordered (Signed by Judge Laura Taylor Swain on 7/6/2010) (js) Modified on 7/7/2010 (ajc).
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Filing
60
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION: #98685 IT IS HEREBY ORDERED, pursuant to Rule 65 of the Federal Rules of Civil Procedure, that iStar RC Paradise Valley LLC and its affiliates, officers, managers, agents, attor neys, employees, assigns and any other persons acting on their behalf (collectively, "iStar") are preliminarily enjoined and restrained from: (i) acting or taking any steps or otherwise engaging in any conduct to terminate that certain Deve lopment and Security Agreement entered into between iStar, as lender, and Five Star, as borrower, and dated as of May 18, 2007 (the "Loan Agreement"); (ii) acting or taking any steps or otherwise engaging in any conduct to declare Five Star in default under the Loan Agreement; and (iii) acting or taking any steps or otherwise engaging in any conduct to exercise any of iStars remedies against Five Star pursuant to the Loan Agreement on the basis of a purported default by Five Star. IT I S FURTHER ORDERED, that Plaintiff must post a bond in the amount of $50,000 with the Clerk of Court by March 26, 2010. The Court finds this bond is adequate to serve as security for the payment of such costs and damages as may be incurred or suf fered by any party who may later be found to have been wrongfully enjoined or restrained. Failure to post the bond by the above date will terminate the preliminary injunction. IT IS FURTHER ORDERED, that, subject to timely posting of the required bon d, this Preliminary Injunction will remain in full force and effect until the final judgment in this action is enacted, unless it is terminated earlier by order of the Court. This decision resolves docket entry no. 19. (Signed by Judge Laura Taylor Swain on 3/18/2010) (jfe) Modified on 3/19/2010 (ajc).
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| Plaintiff: Five Star Development Resort Communities, LLC | |
| Represented By: | Mary E. Flynn |
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| Defendant: iStar RC Paradise Valley LLC | |
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