Gerszberg v. LI & Fung (Trading) Limited

Justia Dockets & Filings Second Circuit New York Southern District Gerszberg v. LI & Fung (Trading) Limited

Gerszberg v. LI & Fung (Trading) Limited

Plaintiff:	Efrem Gerszberg
Defendant:	LI & Fung (Trading) Limited
Case Number:	1:2016cv01182
Filed:	February 16, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Paul A. Engelmayer
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
June 10, 2016	Filing 28 OPINION & ORDER: For these reasons, the Court continues the preliminary injunction barring Trading from pursuing arbitration of its claim under the Settlement Agreement. This matter will now proceed to discovery and briefing, so as to enable the Co urt promptly to determine whether Trading is a bona fide third-party beneficiary of the Settlement Agreement. The Court directs the parties promptly to meet and confer, and to submit within one week a joint letter setting forth their respective vie ws as to, concretely, what discovery is necessary to resolve this question. The Court expects that such discovery would be limited, and focused on the context and negotiating history of the Settlement Agreement. In the event the parties elect join tly to forego additional discovery, they may do so, understanding that the Court would then resolve the third-party beneficiary issue on the record at hand. Counsel are advised that given all parties' interests in resolving soon the issue of Gerszberg's right to participate in the Litigation, and given the Court's unwillingness to delay the Litigation any further given its long history, the Court will require such discovery to be highly expedited. The Court presently expect s to order that such discovery be accomplished within a two-week period, commencing upon the Court's resolution (which will be prompt) of any issues raised by counsel's joint letter. Post-discovery submissions, the Court anticipates, wou ld be due one week thereafter. Counsel should plan accordingly and specifically should alert any potential fact witnesses of the prospect of an imminent deposition. The Court again encourages counsel to discuss whether there are terms on which the parties can agree to resolve the Litigation (and this action). (Signed by Judge Paul A. Engelmayer on 6/10/2016) (tn)

Date Filed

Document Text

June 10, 2016

Filing 28 OPINION & ORDER: For these reasons, the Court continues the preliminary injunction barring Trading from pursuing arbitration of its claim under the Settlement Agreement. This matter will now proceed to discovery and briefing, so as to enable the Co urt promptly to determine whether Trading is a bona fide third-party beneficiary of the Settlement Agreement. The Court directs the parties promptly to meet and confer, and to submit within one week a joint letter setting forth their respective vie ws as to, concretely, what discovery is necessary to resolve this question. The Court expects that such discovery would be limited, and focused on the context and negotiating history of the Settlement Agreement. In the event the parties elect join tly to forego additional discovery, they may do so, understanding that the Court would then resolve the third-party beneficiary issue on the record at hand. Counsel are advised that given all parties' interests in resolving soon the issue of Gerszberg's right to participate in the Litigation, and given the Court's unwillingness to delay the Litigation any further given its long history, the Court will require such discovery to be highly expedited. The Court presently expect s to order that such discovery be accomplished within a two-week period, commencing upon the Court's resolution (which will be prompt) of any issues raised by counsel's joint letter. Post-discovery submissions, the Court anticipates, wou ld be due one week thereafter. Counsel should plan accordingly and specifically should alert any potential fact witnesses of the prospect of an imminent deposition. The Court again encourages counsel to discuss whether there are terms on which the parties can agree to resolve the Litigation (and this action). (Signed by Judge Paul A. Engelmayer on 6/10/2016) (tn)

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Plaintiff: Efrem Gerszberg
Represented By:	Vahbiz P. Karanjia
Represented By:	Elliot David Ostrove
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Defendant: LI & Fung (Trading) Limited
Represented By:	John Joseph Hay
Represented By:	Anthony B. Ullman
Represented By:	Diora Ziyaeva
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