Galin v. Hamada

Galin v. Hamada

Plaintiff:	Reed Galin
Defendant:	Kumitake Hamada
Case Number:	1:2015cv06992
Filed:	September 4, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Other Personal Property Damage
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 26, 2017	Filing 73 OPINION AND ORDER re: 47 MOTION for Sanctions under Fed. R. Civ. P. 11, filed by Kunitake Hamada, 52 MOTION for Summary Judgment, filed by Kunitake Hamada. Hamada's motion for summary judgment is GRANTED, and Galin 's claims are dismissed in their entirety. Additionally, Hamada's motion for sanctions under Rules 26 and 37 is DENIED, but his motion for sanctions under Rule 11 is GRANTED. Specifically, Galin and his counsel are ordered to reimburse H amada for his reasonable expenses, including attorney's fees, associated with the motion for summary judgment (Docket No. 52) and the motion for Rule 11 sanctions (Docket No. 47). Counsel shall confer in an effort to reach agreement on what c onstitutes such "reasonable expenses." Barring agreement, Hamada shall submit a fee application, supported by contemporaneous billing records, no later than thirty days from this Opinion and Order; Galin shall file any opposition within two weeks of any application. Absent leave of Court, Hamada may not file any reply. The Clerk of Court is directed to terminate Docket Nos. 47 and 52, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/26/2017) (ras)
May 10, 2016	Filing 23 MEMORANDUM OPINION AND ORDER re: 9 MOTION to Dismiss Complaint with Prejudice filed by Kunitake Hamada: Defendant's motion to dismiss is DENIED, except as to Plaintiff's unjust-enrichment claim, which is dismissed. Further , Defendant shall file his answer by May 31, 2016, and the parties shall appear for an initial pretrial conference with the Court on June 15, 2016, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. In light of the Court's ruling with respect to Defendant's Section 2-403 argument, the parties should be prepared to address at that conference (and should discuss with one another in advance of the conference) whether the Court should limit discovery in the first instance to the question of whether the entrustment provision applies to Coe-Kerr's purchase of the painting and then allow an early summary judgment motion on that question. The parties shall include their respective views on that issue in the joint letter that they are to submit by the Thursday prior to the initial pretrial conference, as directed in the Notice of Initial Pretrial Conference. (See Docket No. 4). The Clerk of Court is directed to terminate Docket No. 9. (Signed by Judge Jesse M. Furman on 5/10/2016) (tn)

Date Filed

Document Text

September 26, 2017

Filing 73 OPINION AND ORDER re: 47 MOTION for Sanctions under Fed. R. Civ. P. 11, filed by Kunitake Hamada, 52 MOTION for Summary Judgment, filed by Kunitake Hamada. Hamada's motion for summary judgment is GRANTED, and Galin 's claims are dismissed in their entirety. Additionally, Hamada's motion for sanctions under Rules 26 and 37 is DENIED, but his motion for sanctions under Rule 11 is GRANTED. Specifically, Galin and his counsel are ordered to reimburse H amada for his reasonable expenses, including attorney's fees, associated with the motion for summary judgment (Docket No. 52) and the motion for Rule 11 sanctions (Docket No. 47). Counsel shall confer in an effort to reach agreement on what c onstitutes such "reasonable expenses." Barring agreement, Hamada shall submit a fee application, supported by contemporaneous billing records, no later than thirty days from this Opinion and Order; Galin shall file any opposition within two weeks of any application. Absent leave of Court, Hamada may not file any reply. The Clerk of Court is directed to terminate Docket Nos. 47 and 52, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/26/2017) (ras)

May 10, 2016

Filing 23 MEMORANDUM OPINION AND ORDER re: 9 MOTION to Dismiss Complaint with Prejudice filed by Kunitake Hamada: Defendant's motion to dismiss is DENIED, except as to Plaintiff's unjust-enrichment claim, which is dismissed. Further , Defendant shall file his answer by May 31, 2016, and the parties shall appear for an initial pretrial conference with the Court on June 15, 2016, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. In light of the Court's ruling with respect to Defendant's Section 2-403 argument, the parties should be prepared to address at that conference (and should discuss with one another in advance of the conference) whether the Court should limit discovery in the first instance to the question of whether the entrustment provision applies to Coe-Kerr's purchase of the painting and then allow an early summary judgment motion on that question. The parties shall include their respective views on that issue in the joint letter that they are to submit by the Thursday prior to the initial pretrial conference, as directed in the Notice of Initial Pretrial Conference. (See Docket No. 4). The Clerk of Court is directed to terminate Docket No. 9. (Signed by Judge Jesse M. Furman on 5/10/2016) (tn)

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Plaintiff: Reed Galin
Represented By:	Richard Allen Altman
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Defendant: Kumitake Hamada
Represented By:	Paul Cossu
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