American Medical Distributors, Inc. v. Saturna Group Chartered Accountants, LLP et al
| American Medical Distributors, Inc. |
| Saturna Group Chartered Accountants, PLScpas, MacDonald Tuskey and Redhawk Holdings Corp. |
| Redhawk Holdings Corp. |
| MacDonald Tuskey, Saturna Group Chartered Accountants, PLScpas and American Medical Distributors, Inc. |
| Redhawk Holdings Corp. |
| American Medical Distributors, Inc. |
| Gregory Rotelli |
| Redhawk Holdings Corp. |
| 1:2016cv06016 |
| July 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S. Broderick |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
88
OPINION & ORDER re: 74 MOTION to Dismiss Plaintiff's Amended Complaint filed by MacDonald Tuskey, 76 MOTION to Dismiss RedHawk Holdings Corp. Amended Cross-Claims filed by MacDonald Tuskey. Because Plaintiff has not plausibly alleged that Macdonald was negligent or made negligent misrepresentations to Plaintiff, and because Redhawk has not plausibly alleged claims against Macdonald for contribution or contributory negligence, fraud, n egligence, or breach of contract, Macdonald's motion to dismiss Plaintiff's Amended Complaint, (Doc. 74), is GRANTED, as is Macdonald's motion to dismiss Redhawk's amended cross-claims, (Doc. 76). These claims are dismissed with prejudice because amendment would be futile. The Clerk of Court is respectfully directed to close the open motions at Documents 74 and 76, and terminate Macdonald from this case. The remaining partiesPlaintiff, Redhawk, and thir d-party defendant Rotelliare directed to appear for an initial pretrial conference before me on April 19, 2018 at 10:30 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Parties are dir ected to confer and, by April 12, 2018, submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: (1) a brief description of the nature of the action and the principal defenses thereto; ( 2) a brief explanation of why jurisdiction and venue lie in this Court; (3) a brief description of any contemplated motions; (4) a brief description of any discovery that has already taken place, and/or that which will be necessary for the par ties to engage in meaningful settlement negotiations; (4) a brief description of prior settlement discussions and the prospect of settlement; (6) estimated length of trial; and (7) any other information that the parties believe may assist the Co urt in advancing the case to settlement or trial; including, but not limited to, a description of any dispositive issue or novel issue raised by the case. It is further ordered that, by April 12, 2018, the parties jointly submit to me a proposed case management plan and scheduling order, a template for which is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on the Court's Electronic Case Filing ("ECF") system. MacDonald Tuskey terminated. (Signed by Judge Vernon S. Broderick on 3/23/2018) (mro)
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