Smart Insurance Company v. Benecard Services, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Smart Insurance Company v. Benecard Services, Inc.

Smart Insurance Company v. Benecard Services, Inc.

Plaintiff:	Smart Insurance Company
Defendant:	Benecard Services, Inc.
Case Number:	1:2015cv04384
Filed:	June 8, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Albany
Presiding Judge:	Katherine B. Forrest
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By:	Both

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
January 13, 2017	Filing 316 OPINION & ORDER re: 299 LETTER MOTION for Discovery : Request to take deposition of Jeffrey Reed addressed to Judge Katherine B. Forrest from Bettina B. Plevan dated 10/12/2016. filed by Brian John Pendleton, Jr. Courts cannot always resolve questions of fact with certainty. That is why the law requires burdens of proof of varying degrees. Based on the record now before the Court, the "clear and convincing evidence" standard is not met. That is enough for the Court to vacate its order - and its findings - of June 29, 2016. (See ECF No. 156.) The Clerk of Court is directed to modify the docket entry at ECF No. 156 to read "Vacated as per Judge's Orders dated 12/14/2016, Doc. #312 and January 12, 2017, Doc. # 316." The Clerk of Court is further directed to terminate the motion at to ECF No. 299 and to terminate this action. (Signed by Judge Katherine B. Forrest on 1/13/2017) (kgo)
June 29, 2016	Filing 156 OPINION & ORDER re: 77 MOTION for Sanctions , Contempt, and a Further Order Regarding the Right of Benecard's Former Employees to Speak to Smart. filed by Smart Insurance Company. For the reasons set forth above, Smart's m otion is GRANTED IN PART. The Court hereby imposes the following sanctions as a result of Mr. Pendleton's civil contempt of this Court's December 8 Order and Mr. Pendleton's and Ms. Trimarco's intentional misrepresentations to th e Court in sworn testimony: (1) Mr. Pendleton shall pay a fine of $10,000, to be paid to the Court's registry; (2) Ms. Trimarco shall pay a fine of $1,500, to be paid to the Court's registry; (3) Mr. Pendleton's law firm, DLA Piper LLP (US), shall pay Smart's reasonable costs and attorney's fees incurred as a result of counsel's misconduct and Smart's motion; and (4) the Court shall refer this matter to the Grievance Committee of the Southern District of New York. The Clerk of Court is directed to close the motion at ECF No. 77. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 6/29/2016) (lmb)

Date Filed

Document Text

January 13, 2017

Filing 316 OPINION & ORDER re: 299 LETTER MOTION for Discovery : Request to take deposition of Jeffrey Reed addressed to Judge Katherine B. Forrest from Bettina B. Plevan dated 10/12/2016. filed by Brian John Pendleton, Jr. Courts cannot always resolve questions of fact with certainty. That is why the law requires burdens of proof of varying degrees. Based on the record now before the Court, the "clear and convincing evidence" standard is not met. That is enough for the Court to vacate its order - and its findings - of June 29, 2016. (See ECF No. 156.) The Clerk of Court is directed to modify the docket entry at ECF No. 156 to read "Vacated as per Judge's Orders dated 12/14/2016, Doc. #312 and January 12, 2017, Doc. # 316." The Clerk of Court is further directed to terminate the motion at to ECF No. 299 and to terminate this action. (Signed by Judge Katherine B. Forrest on 1/13/2017) (kgo)

June 29, 2016

Filing 156 OPINION & ORDER re: 77 MOTION for Sanctions , Contempt, and a Further Order Regarding the Right of Benecard's Former Employees to Speak to Smart. filed by Smart Insurance Company. For the reasons set forth above, Smart's m otion is GRANTED IN PART. The Court hereby imposes the following sanctions as a result of Mr. Pendleton's civil contempt of this Court's December 8 Order and Mr. Pendleton's and Ms. Trimarco's intentional misrepresentations to th e Court in sworn testimony: (1) Mr. Pendleton shall pay a fine of $10,000, to be paid to the Court's registry; (2) Ms. Trimarco shall pay a fine of $1,500, to be paid to the Court's registry; (3) Mr. Pendleton's law firm, DLA Piper LLP (US), shall pay Smart's reasonable costs and attorney's fees incurred as a result of counsel's misconduct and Smart's motion; and (4) the Court shall refer this matter to the Grievance Committee of the Southern District of New York. The Clerk of Court is directed to close the motion at ECF No. 77. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 6/29/2016) (lmb)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Smart Insurance Company v. Benecard Services, Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Smart Insurance Company
Represented By:	Dan Barnowski
Represented By:	Gary Meyerhoff
Represented By:	Erin M. Shoudt
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Benecard Services, Inc.
Represented By:	Brian John Pendleton, Jr.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?