The State Of New York et al v. United Parcel Service, Inc.
| The State Of New York and The City Of New York , |
| United Parcel Service, Inc. |
| 1:2015cv01136 |
| February 18, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B. Forrest |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1961 |
| None |
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Filing
536
OPINION AND ORDER: The Court has set forth its determination of damages and penalties above. In total, plaintiff New York State is awarded $165,817,479 and plaintiff New York City is awarded $81,158,135. The Clerk of Court is directed to enter final judgment against defendant UPS. (Signed by Judge Katherine B. Forrest on 5/25/2017) (ras)
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Filing
526
OPINION & ORDER: For the reasons set forth above, the Court finds liability on each of plaintiffs' causes of action. The Court requires the parties to submit the numbers of Packages and Cartons as defined above and according to the Court 's findings and rulings. Following receipt of such information, the Court shall issue a final order as to damages and penalty. The parties shall submit the above information not later than two weeks from the date of this Opinion & Order, i.e., Friday, April 7, 2017. (As further set forth in this Opinion & Order.) (Signed by Judge Katherine B. Forrest on 3/24/2017) (mro)
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Filing
406
OPINION & ORDER re: 285 MOTION for Partial Summary Judgment On Defendant UPS's Seventh Affirmative Defense. filed by The State Of New York, The City Of New York, 299 MOTION for Partial Summary Judgment on Plaintiffs ' Claims Based on Shipments to Reservation Retailers. filed by United Parcel Service, Inc. For the reasons set forth above, plaintiffs' motion for summary judgment dismissing UPS's Seventh Affirmative Defense is GRANTED, and de fendant's motion for summary judgment on plaintiffs' claims based on shipments to reservation retailers is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 285 and 299. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 9/10/2016) (lmb)
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Filing
206
OPINION & ORDER re: 172 MOTION for Partial Summary Judgment on Plaintiffs' Claims Under the PACT Act and N.Y. PHL § 1399-ll filed by United Parcel Service, Inc. In light of the foregoing, further submissions on this issue shall be as follows. Plaintiffs may submit a Rule 56.1 statement regarding UPS's non-adherence to its nationwide policies to curb shipments of contraband cigarettes not to exceed ten pages (not including the underlying factual materials, which plaintiffs should also submit), and a memorandum of law, not to exceed five pages, explaining why those facts are sufficient to defeat UPS's motion not later than May 3, 2016. UPS shall file any opposition memorandum of law not to exceed five p ages not later than May 10, 2016. There shall be no replies. The Court notes that it does not consider this additional opportunity to be a matter of right-this allowance is not an invitation to the parties to argue for additional discovery or an exte nsion of other deadlines. The Court does not intend to grant such a request. The Court will reach resolution on UPS's motion as soon as possible after reviewing the parties' submissions. For the reasons set forth above, the Court conclude s that plaintiffs have failed, at this time, to raise a genuine issue of material fact as to their PACT Act and PHL § 1399-ll claims. However, in light of the Court's further clarification of its interpretation of 15 U.S.C. § 376a(e)(3 )(B)(ii)(I), the Court will allow plaintiffs one further opportunity to present additional evidence of the severity of UPS's non-adherence to its nationwide policies to curb the delivery of contraband cigarettes, as further set forth in this Opinion & Order. (Brief due by 5/3/2016. Responses to Brief due by 5/10/2016) (Signed by Judge Katherine B. Forrest on 4/19/2016) (kko)
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Filing
177
OPINION & ORDER re: 89 MOTION to Dismiss Affirmative Defenses. filed by The State Of New York, The City Of New York. For the reasons and as set forth above, plaintiffs' motion to strike is GRANTED IN PART AND DENIED IN PART. T he Court strikes UPS's Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and Sixteenth Defenses, but denies plaintiffs' motion as to the remaining defenses. As set forth in this decision, the Fifth and Seventeenth Defenses are unavailable as a matter of law as to certain of plaintiffs' claims. The Clerk of Court is directed to terminate the motion at ECF No. 89. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 2/8/2016) (lmb)
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Filing
49
OPINION & ORDER re: 21 MOTION to Dismiss the Amended Complaint. filed by United Parcel Service, Inc. For the reasons set forth above, defendant's motion to dismiss is GRANTED as to plaintiffs' claims arising under the PACT Act and N.Y. PHL § 1399-11 and DENIED as to all other claims. The Clerk of Court is directed to close the motion at ECF No. 21. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 9/16/2015) (lmb)
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