Fisher et al v. Tice
| Elizabeth Fisher and Wendy H. Krivit |
| Cynthia Tice |
| 1:2015cv00955 |
| February 9, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Debra C. Freeman |
| Lewis A. Kaplan |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
77
ORDER (Corrected) adopting 71 Report and Recommendations, granting 40 Motion to Dismiss, denying 58 Motion for Sanctions. Defendant moves for summary judgment dismissing the complaint as to both plaintiffs and for Rule 11 sanctions. In a thorough report and recommendation dated July 5, 2016, Magistrate Judge Debra Freeman has recommended that the motion for summary judgment be granted in all respects and that the motion for sanctions be denied. Plaintiffs object to the recommend ation with respect to the motion for summary judgment. The Court has reviewed the parties' submissions and the report and recommendation with care. It finds no error of fact or law. Among other things, it shares the magistrate judge's vi ew that an agreement to share both profits and losses is an essential element of a joint venture under the law of New York. E.g., SCS Communications, Inc. v. Herrick Co., Inc., 360 F.3d 329, 341 (2d Cir. 2004) (applying New York law); Itel Containe rs Int'l Corp. v. Atlanttrafik Express Serv. Ltd., 909 F.2d 698, 701 (2d Cir. 1990) (applying New York law); Int'l Equity Investments, Inc. v. Opportunity Equity Partners Ltd., 472 F. Supp.2d 544, 552 (S.D.N.Y. 2007) (applying New York law). Accordingly, defendant's motion for summary judgment dismissing the complaint [DI 40] is granted, substantially for the reasons set forth in the report and recommendation and, in addition, defendant's response to plaintiffs' o bjections to the report and recommendation. Her motion for sanctions [DI 58] is denied, substantially for the reasons given by Magistrate Judge Freeman. The Clerk shall enter judgment and close the case. (Signed by Judge Lewis A. Kaplan on 9/4/2016 and corrected on 9/7/2016) (mro)
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Filing
76
ORDER re: 71 Report and Recommendations; re: 58 Motion for Sanctions filed by Cynthia Tice and 40 Motion for Summary Judgment filed by Cynthia Tice. Defendant moves for summary judgment dismissing the complaint as to both defendant s and for Rule 11 sanctions. In a thorough report and recommendation dated July 5, 2016, Magistrate Judge Debra Freeman has recommended that the motion for summary judgment be granted in all respects and that the motion for sanctions be den ied. Plaintiffs object to the recommendation with respect to the motion for summary judgment. The Court has reviewed the parties' submissions and the report and recommendation with care. It finds no error of fact or law. Accordi ngly, defendant's motion for summary judgment dismissing the complaint [DI 40] is granted, substantially for the reasons set forth in the report and recommendation and, in addition, defendant's response to plaintiffs' objecti ons to the report and recommendation. Her motion for sanctions [DI 58] is denied, substantially for the reasons given by Magistrate Judge Freeman. The Clerk shall enter judgment and close the case. (As further set forth in this Order) (Signed by Judge Lewis A. Kaplan on 9/4/2016) (kl)
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