Dorchester Financial Securities, Inc. v. Banco BRJ, S.A.
Plaintiff: Dorchester Financial Securities, Inc.
Defendant: Banco BRJ, S.A.
Case Number: 1:2011cv01529
Filed: March 7, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Kimba M. Wood
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Date Filed Document Text
July 8, 2016 Opinion or Order Filing 280 OPINION & ORDER re: 271 FIRST MOTION to Dismiss for Lack of Jurisdiction dismissing a thrid-party complaint with prejudice; FIRST MOTION to Strike Document No. 268 striking that third-party complaint from the record with prejud ice, filed by Dorchester Financial Holdings Corporation. For the foregoing reasons, Dorchester's motion to dismiss is DENIED. If either party wishes to file a motion for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c), it shall do so on or before July 22, 2016. This Opinion & Order resolves docket entry 271. (As further set forth in this Opinion) (Motions due by 7/22/2016.) (Signed by Judge Kimba M. Wood on 7/8/2016) (kl)
May 19, 2016 Opinion or Order Filing 279 OPINION & ORDER: For the foregoing reasons, Dorchester's motion for reconsideration is DENIED. Mr. Cummings is directed to pay $3,000 to BRJ within thirty days of the date of this Opinion & Order. This Opinion & Order resolves docket entry 259. (As further set forth in this Opinion) (Signed by Judge Kimba M. Wood on 5/19/2016) (kl)
March 21, 2016 Opinion or Order Filing 269 OPINION & ORDER: For the foregoing reasons, Defendant's motion for summary judgment is GRANTED. This Opinion and Order resolves docket entry 230. (As further set forth in this Opinion) (Signed by Judge Kimba M. Wood on 3/21/2016) (kl)
March 2, 2016 Opinion or Order Filing 267 OPINION AND ORDER. For the reasons discussed above, Mr. Tretter's motion to intervene is GRANTED. The Court directs Mr. Tretter to re-cast the proposed pleading as a complaint by a third-party plaintiff seeking declaratory relief and submit it to the Court by March 31, 2015. This Opinion & Order resolves docket entry 239. re: 239 MOTION to Intervene: Notice of Motion to Intervene filed by Lyndon Tretter. (Signed by Judge Kimba M. Wood on 3/2/2016) (rjm)
December 15, 2014 Opinion or Order Filing 176 OPINION & ORDER re: 161 MOTION for Attorney Fees and Costs Awarded Pursuant to Court's 9/12/2014 Order filed by Banco BRJ, S.A.: For the foregoing reasons, the Court holds that Dorchester spoliated evidence stored on Morrow 9;s computer and imposes two sanctions, an adverse inference and the payment of BRJ's attorney's fees and costs. The Court also AFFIRMS Judge Fox's order compelling Dorchester to produce Robert Cox for a live deposition. Dorchester mus t produce Cox by January 14, 2015. On September 19, 2014, BRJ submitted evidence of the reasonable attorney's fees it had previously incurred while litigating the spoliation dispute. (See BRJ's Mem. for Attorney's Fees [ECF No. 162]). The Court orders BRJ to submit revised evidence of its reasonable attorney's fees and costs by December 22, 2014. Dorchester may submit a challenge to BRJ's calculation by December 31, 2014, and BRJ may reply by January 9, 2015. (Signed by Judge Kimba M. Wood on 12/15/2014) (tn)
December 2, 2014 Opinion or Order Filing 175 ORDER for 123 Report and Recommendations, 105 Motion to Vacate, filed by Dorchester Financial Holdings Corporation: For the foregoing reasons, Dorchester's objections to the Memorandum and Order and Report and Recommendation are OVERRULED. The Court finds that the Memorandum and Order is not clearly erroneous or contrary to law, and it adopts the Report and Recommendation with one modification: the Court docs not decide whether Dorchester's meritless Rule 60(b)(6) motion was timely. (Signed by Judge Kimba M. Wood on 12/2/2014) (tn)
October 22, 2014 Opinion or Order Filing 169 OPINION AND ORDER re: 49 MOTION for Reconsideration re; 45 Memorandum & Opinion, or in the alternative, for Certification of Order for Interlocutory Appeal Pursuant to 28 U.S.C. section 1292(b). filed by Banco BRJ, S.A. For the foregoing reasons, BRJ's motion for reconsideration or certification for interlocutory appeal is DENIED. (Signed by Judge Kimba M. Wood on 10/22/2014) (lmb)
July 18, 2014 Opinion or Order Filing 113 MEMORANDUM AND ORDER granting 82 Motion to Disqualify: For the foregoing reasons, the defendant's motion, Docket Entry No. 82, is granted. It is ORDERED that: (1) TJ Morrow is disqualified as counsel to the plaintiff as of the date of this order; and (2) on or before July 25, 2014, the plaintiff post $642,360 as security in this action. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/18/2014) (tn)
February 21, 2014 Opinion or Order Filing 45 OPINION & ORDER: For the foregoing reasons, Defendant's additional and previously unaddressed arguments for dismissal are DENIED. The caption of this case will be amended to accurately reflect Plaintiffs corporate name. The amended caption shall be Dorchester Financial Holdings Corporation, f/k/a Dorchester Financial Securities, Inc., v. Banco BRJ, S.A. The Court will hold an evidentiary hearing on Defendants motion to dismiss for lack of personal jurisdiction. The Second Circuit, upon hold ing that Plaintiff had made a sufficient showing to survive [Defendants] motion in the absence of an evidentiary hearing or trial," explained that, "[o]n remand" this Court "may conduct an evidentiary hearing on the merits of the motion, in which case it would be [Plaintiff's] burden to establish jurisdiction by a preponderance of the evidence." Dorchester, 722 F.3d at 8587. Given the "overwhelming amount" of evidence submitted by Defendant to ostensibly r efute Plaintiff's prima facie jurisdictional showing, Dorchester, 2012 WL 231567, at *5, the Court finds it appropriate to hold jurisdictional discovery and an evidentiary hearing on personal jurisdiction. The Court hereby schedules the evidenti ary hearing for March 26, 2014, at 2 p.m. The parties may engage in discovery limited to the issue of personal jurisdiction, concluding no later than March 10, 2014. By March 14, 2014, the parties shall each submit affidavits containing any direct te stimony for the hearing. Witnesses for whom an affidavit has been filed must appear at the hearing for cross examination. Defendant shall submit a pre-hearing brief by March 18, 2014. Plaintiffs response is due March 21, 2014. (Signed by Judge Kimba M. Wood on 2/21/2014) (ft)
January 24, 2012 Opinion or Order Filing 34 OPINION & ORDER re: 27 MOTION to Dismiss the First Amended Complaint filed by Banco BRJ, S.A. For the foregoing reasons, the Court GRANTS with prejudice BRJ's motion to dismiss pursuant to Rule 12(b)(2). Because the Court dismisses Dorc hester's claims on Rule 12(b)(2) grounds, it need not address BRJ' s motion to dismiss pursuant to Rules 12(b) (1) and ( 6). The Clerk of Court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 1/24/2012) (cd)
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Plaintiff: Dorchester Financial Securities, Inc.
Represented By: T.J. Morrow
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Defendant: Banco BRJ, S.A.
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