PNC Bank, National Association et al v. Dana Transport, Inc.
| PNC Bank, National Association, Wells Fargo Capital Finance, LLC, Wells Fargo Bank, National Association, BMO Harris Bank, Huntington National Bank, Cathay Bank and Bank Leumi, USA |
| Dana Transport, Inc. and Ronald B. Dana |
| 1:2016cv07797 |
| October 5, 2016 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
253
CLERK'S JUDGMENT re: 252 Order on Motion to Appeal Clerk's Decision on Taxation of Costs in favor of Dana Transport, Inc., Ronald B. Dana against BMO Harris Bank, Bank Leumi, USA, Cathay Bank, Huntington National Bank, PNC Bank, Nati onal Association, Wells Fargo Bank, National Association, Wells Fargo Capital Finance, LLC in the amount of $5,041.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 10, 2025, t he Court has granted Defendants' unopposed request for the taxation of bond premiums. Defendants Dana Transport, Inc. and Ronald B. Dana are awarded taxed costs of $5,041.00 for bond premiums paid to preserve rights pending appeal, which shall be paid by Plaintiffs PNC Bank, National Association, Wells Fargo Capital Finance, LLC, Wells Fargo Bank, National Association, BMO Harris Bank, Huntington National Bank, Cathay Bank and Bank Leumi, USA within thirty (30) days of the Order. (Signed by Clerk of Court Tammi M Hellwig on 3/11/2025) (Attachments: # 1 Appeal Package) (km)
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Filing
238
ORDER On September 22, 2017, the Court issued an order denying Defendants' Motion to Dismiss Plaintiffs' Complaint or Alternatively to Stay. Dkt. 50. In so doing, the Court held that the loan agreement between the parties required Defen dants to indemnify Plaintiffs' legal costs in interparty suits, including those instituted by Defendants. See Dkt. 57 at 40:18-43:2. On November 4, 2024, the Second Circuit's mandate issued. Pursuant to the Second Circuit's instructions, Plaintiffs' claims in this action for indemnification of legal fees and expenses are hereby dismissed with prejudice. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/12/2024) (jca)
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Filing
232
OPINION AND ORDER re: 222 MOTION for Attorney Fees . filed by PNC Bank, National Association, Cathay Bank, Bank Leumi, USA, 218 MOTION for Attorney Fees . filed by Wells Fargo Capital Finance, LLC, Wells Fargo Ba nk, National Association, 215 MOTION for Attorney Fees and Expenses. filed by Huntington National Bank, BMO Harris Bank. For the foregoing reasons, the Court GRANTS the Plaintiffs' motions for attorneys' fees at ECF Nos. 215, 218, and 220. BMO and HNB are awarded $18,541.57 in attorneys' fees and expenses. Wells Fargo is awarded $27,637.00 in attorneys' fees and expenses. PNC is awarded $170,362.60 in attorneys' fees and expenses. The Clerk of the Court is respectfully requested to CLOSE this case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/5/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
213
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the C ourt orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all pre viously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint let ter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: As further set forth by this Order. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/26/2022) (tg)
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Filing
209
OPINION AND ORDER re: 157 MOTION for Partial Summary Judgment . filed by PNC Bank, National Association, Cathay Bank, Bank Leumi, USA, 189 LETTER MOTION to Seal Documents addressed to Judge Ronnie Abrams from Henr y F. Reichner dated December 15, 2021. filed by PNC Bank, National Association, Cathay Bank, Bank Leumi, USA, 161 MOTION for Partial Summary Judgment as to Liability. filed by Wells Fargo Capital Finance, LLC, Wells Fargo Bank , National Association, 151 MOTION for Partial Summary Judgment . filed by Huntington National Bank, BMO Harris Bank. For the foregoing reasons, Plaintiffs' motions for partial summary judgment are granted. Within two weeks f rom the date of this Order, the parties shall submit a joint letter proposing next steps in this action. The Clerk of Court is respectfully directed to terminate the motions at docket numbers 151, 157, 161, and 189. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/26/2022) (tg)
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Filing
206
ORDER: Oral argument on Plaintiffs' motions for partial summary judgment will be held on July 27, 2022 at 1:00 p.m. via videoconference. Members of the public and the press may dial into the argument using the following information: Phone Number: 646-453-4442. Conference ID: 215 103 257. ( Oral Argument set for 7/27/2022 at 01:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 7/26/2022) (ate)
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Filing
144
CASE MANAGEMENT PLAN AND SCHEDULING ORDER NO. 10 granting 143 Letter Motion for Discovery. All fact discovery, including depositions of fact witnesses, is to be completed no later than April 21, 2021; All expert discovery, including disclosures , reports, production of underlying documents, and depositions shall be completed by July 29, 2021 according to the following schedule: (As further set forth herein.) c. Expert depositions on all reports submitted by the expert deponent are to be completed by July 29, 2021. All discovery shall be completed no later than July 29, 2021; Dispositive motions shall be due on or before September 1, 2021; a. Opposition shall be due on October 12, 2021. b. Reply shall be due November 4, 2021. The Court will conduct a telephonic status conference with the parties on June 3, 2021, at 2:00 p.m. Counsel shall call (888) 557-8511 and enter access code 4862532. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/30/2021) (va)
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Filing
140
CASE MANAGEMENT PLAN AND SCHEDULING ORDER NO. 8 granting 139 Letter Motion for Discovery. Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order No. 8: 1 . All fact discovery, including depositions of fact witnesses, is to be completed no later than January 29, 2021; 2. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern Dist rict of New York. The following interim deadlines may be extended by the parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in paragraph 1 above; 3. All expert disc overy, including disclosures, reports, production of underlying documents,and depositions shall be completed by June 15, 2021 according to the following schedule: a. Affirmative expert reports are to be served on or before March 15, 2021. b. Respon ding expert reports are to be served on or before April 28, 2021. c. Expert depositions on all reports submitted by the expert deponent are to be completed by June 15, 2021; 4. All discovery shall be completed no later than June 28, 2021; 5. Disposi tive motions shall be due on or before July 12, 2021; 6. The Court will conduct a telephonic status conference with the parties on May 18, 2021 at 10:00 a.m. Counsel shall call (888) 557-8511 and enter access code 4862532; and 7. The parties' j oint pretrial order and additional submissions required by Rule 6 of the assigned district judge's Individual Rules and Practices shall be due thirty (30) days from the close of discovery, or if any dispositive motion is filed, thirty (30) days from the court's decision on such motion. This case shall be trial ready on a date to be determined by the assigned district judge. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/8/2020) (nb)
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