Mariner's Bank v. Carver Federal Savings Bank
| Mariner's Bank |
| Carver Federal Savings Bank |
| 1:2009cv09687 |
| November 20, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Holwell |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
319
MEMORANDUM OPINION AND ORDER re: 314 CROSS MOTION to Authorize Withdrawal of Funds from Escrow filed by Seidman & Pincus, LLC. In light of the foregoing, Purchase Partners's motion for reconsideration is frivolous, if not sanctionable, and th erefore DENIED. Further, S&P's unopposed cross-motion seeking authorization to withdraw the amount of the lien from its IOLTA trust account is GRANTED. The Clerk of Court is directed to terminate Docket Nos. 312, 313, and 314. (Signed by Judge Jesse M. Furman on 3/31/2014) (mro)
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Filing
311
MEMORANDUM OPINION AND ORDER re: 295 MOTION to Clarify and Fix Amount of Charging Lien filed by Seidman & Pincus, LLC. The Court has considered all of Purchase Partners' arguments and finds them to be without merit. Accordingly, S&P's motion for order fixing the amount of the charging lien is GRANTED. The Clerk of Court is directed to terminate Docket No. 295. (Signed by Judge Jesse M. Furman on 2/5/2014) (lmb)
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Filing
193
OPINION AND ORDER re: 147 MOTION for Reconsideration re; 145 Order on Motion for Summary Judgment, Order on Motion to Amend/Correct, filed by Purchase Partners, LLC, Mariner's Bank, 177 MOTION to Strike Document No. [Certain Counterclaims asserted in Answer to Amended Complaint] filed by Purchase Partners, LLC, Mariner's Bank, 156 MOTION to Strike -Notice of Motion in Support of Defendant's Motion to Strike Paragraphs 25, 43 and 44 of the Amended Complaint, Pursuant to FED. CIV. PROC. 12 (f) filed by Carver Federal Savings Bank. For the foregoing reasons, Plaintiffs' motion for reconsideration is GRANTED as to the questions of whether Carver's prior breach of the Agreement relieved Mariner's Ban k of its obligation to reimburse Carver for the advances and to seek Carver's consent before assigning its participation interest, as these issues are properly left for trial; Plaintiffs' motion for reconsideration is otherwise DENIED. Defe ndant's motion to strike paragraphs 25, 43, and 44 of the Amended Complaint is GRANTED. Plaintiffs' motion to strike paragraphs 82, 83, 101, and 118 of the Answer to the Amended Complaint is DENIED and Carver is granted leave, nunc pro tunc , to amend its Answer to include these paragraphs. Finally, Plaintiffs' motion to strike Defendant's second counterclaim is also DENIED. The parties are reminded that, per the Court's Order of March 1, 2013 (Docket No. 180), they have until May 10, 2013, to submit a Joint Pretrial Order and all related pretrial filings, including motions in limine, as set forth in the Court's Individual Rules and Practices for Civil Trials (available at http://nysd.uscourts.gov/judge/Furman). The parties shall be trial ready approximately two weeks after they file the Joint Pretrial Order and related filings. The Clerk of Court is directed to terminate Docket Nos. 147, 156, and 177. (Signed by Judge Jesse M. Furman on 4/10/2013) (lmb)
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| Plaintiff: Mariner's Bank | |
| Represented By: | Mitchell B. Seidman |
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| Defendant: Carver Federal Savings Bank | |
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