ACIM NY, L.L.C. et al v. Nissan North America, Inc. et al
Plaintiff: ACIM NY, L.L.C., ALIM NY, L.C.C. and Bicom NY, LLC
Defendant: Nissan North America, Inc. and Nissan Motor Acceptance Corp.
Case Number: 1:2017cv00729
Filed: January 31, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
December 9, 2019 Opinion or Order Filing 642 CLERK'S JUDGMENT re: 641 Order. in favor of Nissan North America, Inc. against BICOM NY, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 26, 2019, Order dat ed November 19, 2019, and Order dated December 6, 2019, summary judgment is granted to Nissan North America, Inc., ("NNA") as to Counts One through Five and Seven in its Amended Counterclaims and Amended Third-Party Complaint; judgment is e ntered in favor of NNA and against BICOM on Count Six of NNAs Second Amended Counterclaims and Third-Party Complaint (Dkt. No. 628); the parties represent that all other claims have been resolved; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/9/2019) (Attachments: # 1 Notice of Right to Appeal)(dt)
December 6, 2019 Opinion or Order Filing 641 ORDER: The Clerk of Court is respectfully requested to enter judgment accordingly and close the case. (Signed by Judge Lorna G. Schofield on 12/6/2019) (rro) Transmission to Orders and Judgments Clerk for processing.
December 4, 2019 Opinion or Order Filing 640 JUDGMENT ON NISSAN NORTH AMERICA, INC.'S COUNTERCLAIMS: It is hereby ORDERED, ADJUDGED and DECREED that: 1. Judgment on Count One of the Second Amended Counterclaims (Dkt. No. 346) (the "Counterclaims") filed by Counterclaim-Plain tiff, Nissan North America, Inc. ("NNA"), is hereby entered in favor of NNA and against Counterclaim-Defendants, ACIM NY, LLC d/b/a Nissan of Manhattan ("ACIM") and ALIM NY, LLC d/b/a Infiniti of Manhattan ("ALIM" ), jointly and severally, in the amount of $2,215,666.62. Attorneys' fees and litigation costs and expenses are awarded to NNA and against ACIM and ALIM, joint and severally, in the amount of $2,492,595.00. Judgement in favor of Nissan North America, Inc. against ACIM NY, L.L.C., ALIM NY, L.C.C. in the amount of $ 4,708,261.62. As further set forth in this Order. BY THE COURT. (Signed by Judge Lorna G. Schofield on 12/4/2019) (ks)
November 19, 2019 Opinion or Order Filing 629 ORDER: It is ORDERED that by November 22, 2019, the parties shall file a joint status letter apprising the Court of all matters that have been resolved and all that are outstanding and the status thereof. (Signed by Judge Lorna G. Schofield on 11/19/2019) (kv)
February 26, 2019 Opinion or Order Filing 564 OPINION AND ORDER: For the foregoing reasons, NNA's motion for summary judgment is GRANTED as to Manhattan's claims against NNA and the Complaint is dismissed. Summary judgment is DENIED without prejudice to renewal as to NNA's counter claims and third-party claims against Dealers. For clarity, the remaining claims in this case are: (1) Counts One through Five of NNA's SACTPC, as to liability and damages (Dkt. No. 347), (2) Count Six of the SACTPC as to damages only (Dkt. No. 347) and (3) Boyko's crossclaims against Flom and Nilva for indemnification and contribution (Dkt. Nos. 171 & 172). (Signed by Judge Lorna G. Schofield on 2/26/2019) (jwh)
September 11, 2018 Opinion or Order Filing 506 OPINION AND ORDER: For the reasons set forth above, the Court GRANTS NMAC's motion for damages. Pursuant to this Court's previous rulings, NMAC is entitled to damages in the amount of $40,183,836.19. The Clerk of Court is directed t o enter judgment in accordance with this Order and this Court's previous Opinion & Order, dated May 8, 2018 (ECF No. 462). The Clerk of Court is also directed to terminate this action with regard to NMAC. SO ORDERED. Nissan Motor Acceptance Corp., Nissan Motor Acceptance Corp. and Nissan Motor Acceptance Corp. terminated. (Signed by Judge Katherine B. Forrest on 9/11/2018) (ne) Transmission to Orders and Judgments Clerk for processing.
May 8, 2018 Opinion or Order Filing 462 MEMORANDUM AND OPINION re: 392 MOTION for Summary Judgment . filed by Nissan Motor Acceptance Corp. For the reasons set forth above, the Court GRANTS summary judgment to NMAC on Counts Four and Seven. The Court further ORDERS supplemental briefing on damages. The Clerk of Court shall terminate the motion at ECF No. 392. So Ordered. (Signed by Judge Katherine B. Forrest on 5/8/2018) (js)
February 28, 2017 Opinion or Order Filing 54 MEMORANDUM OPINION AND ORDER: For the reasons set forth above, Plaintiffs' Motion by Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction against NNA and NMAC is denied. This Order resolves Docket Entry Nos. 35 and 43. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/24/2017) (ama)
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Plaintiff: ACIM NY, L.L.C.
Represented By: Michael Palmer McMahan
Represented By: Russell Pries McRory
Represented By: David Neal Wynn
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Plaintiff: ALIM NY, L.C.C.
Represented By: Michael Palmer McMahan
Represented By: Russell Pries McRory
Represented By: David Neal Wynn
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Plaintiff: Bicom NY, LLC
Represented By: Michael Palmer McMahan
Represented By: Russell Pries McRory
Represented By: David Neal Wynn
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Defendant: Nissan North America, Inc.
Represented By: Caleb J Schillinger
Represented By: Elizabeth Dianne Schrero
Represented By: John R. Skelton
Represented By: James S. Yu
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Defendant: Nissan Motor Acceptance Corp.
Represented By: Salvatore A. Giampiccolo
Represented By: Mari Grace E. Sacro
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