866 East 164th Street, LLC v. Union Mutual Fire Insurance Company
| 866 East 164th Street, LLC |
| Union Mutual Fire Insurance Company |
| 1:2016cv03678 |
| May 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Katherine B. Forrest |
| Insurance |
| 42 U.S.C. ยง 4053 |
| Plaintiff |
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Filing
89
OPINION & ORDER: re: 74 MOTION for Summary Judgment, filed by Union Mutual Fire Insurance Company, 80 CROSS MOTION for Judgment as a Matter of Law, filed by 866 East 164th Street, LLC. For these reasons, Union Mutual 's motion for summary judgment is GRANTED and plaintiff's cross-motion is DENIED. The Clerk of Court is respectfully directed to terminate the pending motions at ECF Nos. 74 and 80 and close this case, and as further set forth in this ord er. Motions terminated: 80 CROSS MOTION for Judgment as a Matter of Law, filed by 866 East 164th Street, LLC, 74 MOTION for Summary Judgment, filed by Union Mutual Fire Insurance Company. (Signed by Magistrate Judge Sarah Netburn on 10/3/2017) (ap)
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Filing
73
OPINION AND ORDER re: 59 FIRST MOTION to Amend/Correct 58 FIRST MOTION to Amend/Correct 7 Amended Complaint, Affirmation of Steven A. Kotchek in Support filed by 866 East 164th Street, LLC; 58 FIRST MOTION to Amend/Correct 7 Amended Complaint, filed by 866 East 164th Street, LLC; 60 FIRST MOTION to Amend/Correct 58 FIRST MOTION to Amend/Correct 7 Amended Complaint, Memorandum of Law filed by 866 Eas t 164th Street, LLC. Accordingly, plaintiff has not shown good cause to justify modifying the scheduling order. Given that plaintiff's diligence is the primary consideration in a Rule 16(b) analysis, the Court is guided by plaintiff's fai lure to so act and declines to reach the issue of prejudice. See Jackson v. Odenat, 9 F. Supp.3d 342, 369-70 (S.D.N.Y. 2014)(declining to reconsider the denial of a motion to amend that was based solely on the party's lack of diligence under Ru le 16(b) and rejecting the argument that the court had erred in not considering prejudice to the opposing party). Plaintiff's alternative argument that defendant would actually benefit by having another defendant added to the matter is irreleva nt. Plaintiff's eleventh-hour request for leave to amend its complaint is therefore DENIED. The Court requests the Clerk of Court to terminate the motions at ECF Nos. 58, 59 & 60. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/6/2017) (anc)
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Filing
40
OPINION & ORDER: re: 35 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Steven A. Kotchek dated 11/21/2016. filed by 866 East 164th Street, LLC. Assuming that the individuals with Roundhill Express email a ddresses on UNION0279 and UNION0286 are in fact Union Mutual Insurance Company representatives, UNION0279 contains a naked question of law clearly posed to elicit legal advice, and UNION0286 contains both the same question and a one-sentence response from Mr. Gold in his capacity as attorney, not as a claims investigator. In these two exemplars, only the question and the response should be redacted, and the documents should otherwise be produced.The Court requests the Clerk of Court to close docket entry number 35.SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 11/23/2016) (ama)
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| Plaintiff: 866 East 164th Street, LLC | |
| Represented By: | Scott Evan Agulnick |
| Represented By: | Steven Andrew Kotchek |
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| Defendant: Union Mutual Fire Insurance Company | |
| Represented By: | Agnieszka Anna Wilewicz |
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