Shrenuj USA, LLC v. Rosenthal & Rosenthal, Inc. et al
| Shrenuj USA, LLC |
| Rosenthal & Rosenthal, Inc. and R. Klein Jewelry & Co., Inc. |
| 1:2012cv04827 |
| June 19, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
54
OPINION AND ORDER re: 36 MOTION for Summary Judgment filed by Shrenuj USA, LLC: For the reasons stated above, Plaintiff's motion for summary judgment is DENIED, its motion for spoliation sanctions is GRANTED (except that the Court defers the q uestion of what sanction to impose to the time of trial), and its motion for a severance is GRANTED in part and DENIED in part. Specifically, the claims against Klein, which are stayed by virtue of his bankruptcy, are severed from the other claims an d cross-claims, which shall be tried together. The parties shall immediately advise the Court by joint letter if they are interested in having a settlement conference before the assigned Magistrate Judge for purposes of settlement. Regardless, withi n thirty days of this Memorandum Opinion and Order, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with Federal Rule of Civil Procedure 26(a)(3) and the Court's Individual Rules and Practices . The parties should follow Paragraph 5 of the Court's Individual Rules and Practices, which identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine. At or before the same date, the parties shall also file joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions in accordance with the Court's Individual Rules and Practices. Jury instructions may not be submitted after the Joint Pre trial Order due date, unless they meet the standard of Federal Rule of Civil Procedure 51(a)(2)(A). The parties shall be ready for trial approximately two weeks after the Joint Pretrial Order is filed. The Clerk of Court is directed to terminate Docket No. 36. (Signed by Judge Jesse M. Furman on 3/25/2014) (tn)
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