Trodale Holdings LLC et al v. Bristol Healthcare Investors, L.P. et al
| Trodale Holdings LLC |
| Bristol Healthcare Investors, L.P., Lynchburg Healthcare Investors, L.P., Demquarter Healthcare Investors, L.P., Salem Nursing & Rehabilitation Center of Reform, Inc. and Yuba Aviv LLC |
| 1:2016cv04254 |
| June 8, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. ยง 1441 nr Notice of Removal |
| None |
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The following documents for this case are available for you to view or download:
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Filing
126
OPINION & ORDER: For the reasons stated in this Opinion, Plaintiff's motion for partial summary judgment is GRANTED in part and DENIED in part. Defendants' motion for summary judgment is DENIED in full. The parties are hereby ORDERED to file a joint letter on or before May 3, 2019, advising the Court of the parties availability for trial in the second half of 2019. The Clerk of Court is directed to terminate the motions at docket entries 107 and 109. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/21/2019) (ks)
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Filing
101
OPINION AND ORDER: re: 96 LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Jeffrey Fleischmann dated May 29, 2018 filed by Trodale Holdings LLC, 85 MOTION to Dismiss Second Counterclaim filed by Trodale Holdings LLC . For the foregoing reasons, Plaintiff's motion to dismiss is GRANTED. The parties are reminded that the period for fact discovery has been extended to June 29, 2018, but will be extended no further. At the pretrial conference in the matter held on June 7, 2018, the Court advised the parties that it would take under advisement the parties' request for motion practice pursuant to Fed. R. Civ. P. 56 that would precede trial in the matter. The Court accepts the parties' arguments tha t summary judgment motions are likely to narrow the issues for trial and accordingly ORDERS the parties to propose a schedule for cross-motions within seven (7) days of the date of this Opinion and Order. In particular, the parties are instructed to meet and confer to discuss ways to avoid needless or duplicative briefing, as, for example, by proposing a schedule that eschews reply briefs. SO ORDERED., ( Discovery due by 6/29/2018.) (Signed by Judge Katherine Polk Failla on 6/14/2018) (ama)
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Filing
79
OPINION AND ORDER: re: 73 MOTION to Dismiss Second Amended Complaint. filed by Franklin Healthcare of Peabody LLC, H/P Carrington Inc., Lynchburg Healthcare Investors, L.P., Bristol Healthcare Investors, L.P., Douglas K. Mittlei der, Legacy Healthcare Corporation, Salem Nursing & Rehabilitation Center of Reform, Inc., H/P Cambridge House, Inc., Demquarter Healthcare Investors, L.P. For the foregoing reasons, the motion of H/P Carrington Inc., H/P Cambridge House, Inc ., Legacy Healthcare Corporation, and Franklin Healthcare of Peabody, LLC to dismiss the SAC in its entirety under Rule 12(b)(2) is GRANTED without prejudice, and the Clerk of Court is directed to terminate these parties from the case.The motion of t he Sellers and Mittleider under Rule 12(b)(6) to dismiss the Fourth, Sixth, Seventh, and Ninth Causes of Action is GRANTED. The motion of the Sellers and Mittleider to dismiss the First, Third, and Eighth Causes of Action under Rule 12(b)(6) is DENIE D. The motion of the Sellers and Mittleider under Rule 12(b)(6) to dismiss the Tenth Cause of Action is GRANTED as to the Sellers and DENIED as to Mittleider. The motion of Mittleider under Rule 12(b)(6) to dismiss the Second Cause of Action is GRANT ED. The motion of the Sellers and Mittleider under Rule 12(f) to strike certain portions of the SAC is DENIED.The Clerk of Court is directed to terminate the motions at docket entry73.The following claims remain active in this case:(i) First Cau se of Action for Specific Performance against the Sellers and Mittleider;(ii) Second Cause of Action for Breach of Contract against the Sellers;(iii) Third Cause of Action for Breach of Express Warranty against the Sellers and Mittleider;(iv) Fifth Cause of Action for Fraudulent Concealment against the Sellers and Mittleider;(v) Eighth Cause of Action for a Vendees Lien against the Sellers and Mittleider;(vi) Tenth Cause of Action for Promissory Estoppel against Mittleider.The C ourt has limited this Opinion and Order to the motions made by the various Defendants, and any claim that was not the subject of a motion to dismiss survives. The Courts Opinion should not be construed as expressing a position on the viability of an y claims raised by Plaintiff that Defendants did not move to dismiss. The parties are hereby ORDERED to submit a proposed Case Management Plan by December 15, 2017. The parties should contemplate that the Court will not agree to extensions of discovery deadlines, once imposed, and should plan accordingly. (Signed by Judge Katherine Polk Failla on 11/29/2017) (js)
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