United Specialty Insurance Company v. Fisk Fine Art Services, LLC et al
| United Specialty Insurance Company |
| Fisk Fine Art Services, LLC and AIG Property Casualty Company |
| 1:2015cv02802 |
| April 10, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
152
MEMORANDUM OPINION AND ORDER: re: 109 AMENDED MOTION to Dismiss filed by Demetriou General Agency, Inc. For the foregoing reasons, Demetriou's motion to dismiss Fisk's Second Amended Third-Party Complaint is granted. The Secon d Amended Third-Party Complaint is dismissed as against Demetriou in its entirety. This Memorandum Opinion and Order resolves Docket Entry Number 109. The case remains referred to Magistrate Judge Francis for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/04/2017). ** Party Demetriou General Agency, Inc., Demetriou General Agency, Inc. and Demetriou General Agency, Inc. terminated. (ama) Modified on 4/4/2017 (ama).
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Filing
93
MEMORANDUM OPINION AND ORDER re: 32 MOTION to Dismiss Fisk 2nd Counterclaim and 9th Affirmative Defense, filed by United Specialty Insurance Company, 44 MOTION for Sanctions, filed by United Specialty Insurance Company. United Specialty's motion to dismiss the duplicative breach of contract counterclaim is granted. Because the Second Counterclaim incorporates the allegations of the First Counterclaim, and adds bad faith allegations that could be relevant to re lief, the Court hereby dismisses the First Counterclaim and permits prosecution of the Second Counterclaim insofar as it asserts a cause of action for breach of contract. United Specialty's motion to strike the Ninth Affirmative Defense is denie d. United Specialty's motion for sanctions is denied. The parties are directed to meet with each other promptly do discuss settlement. A pre-trial conference in this case is set for June 3, 2016, at 10:00 a.m. The parties are directed to confer and make submissions in advance of the conference as provided in the Pre-trial Scheduling Order (docket entry no. 5.) This Memorandum Opinion and Order resolves docket entry numbers 32 and 44. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 3/31/2016) (spo)
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