Coral Realty, LLC et al v. Federal Insurance Company
| Coral Crystal, LLC and Coral Realty LLC |
| Federal Insurance Company |
| 1:2017cv01007 |
| February 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A. Batts |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
123
ORDER OF DISMISSAL: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs to any party, but without prejud ice to restoration of the action to the calendar of the undersigned if settlement is not achieved within sixty (60) days of the date of this Order. If a party wishes to reopen this matter or extend the time within which it may be settled, the party m ust make a letter application before this sixty (60)-day period expires. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court to be so ordered. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/12/2021) (kv)
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Filing
118
ORDER granting 117 Letter Motion for Extension of Time to File. Application GRANTED. The deadline for the parties' joint settlement letter is EXTENDED to August 11, 2021. The settlement conference remains adjourned sine die, pending the Court's receipt of the joint letter. (Signed by Magistrate Judge Barbara C. Moses on 7/28/2021) (cf)
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Filing
110
ORDER granting 108 Letter Motion to Adjourn Conference; granting 108 Letter Motion for Extension of Time to File. Application GRANTED. The deadline for the parties' joint settlement letter is EXTENDED to June 28, 2021. The settlement conference scheduled for June 17, 2021 is adjourned sine die, pending the Court's receipt of the joint letter. (Signed by Magistrate Judge Barbara C. Moses on 6/15/2021) (cf)
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Filing
106
ORDER granting 105 Letter Motion to Adjourn Conference. Application GRANTED. The continued settlement conference is adjourned to June 17, 2021, beginning at 2:00 p.m. The parties' joint settlement letter is due by June 14, 2021. The parties shall promptly serve this order on all nonparty participants. Settlement Conference set for 6/17/2021 at 02:00 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 6/2/2021) (cf)
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Filing
92
OPINION AND ORDER re: 74 MOTION for Leave to File Amended Answer and Affirmative Defenses . filed by Federal Insurance Company. For the reasons set forth above, Federal's motion for leave to amend its Answer (Dkt. No.74)is DENIED. Plaintiffs having failed to comply with any of the procedural requirements of Rule11(c)(2), no sanctions will be awarded. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/11/2021) (kv)
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Filing
90
ORDER re: 88 Letter filed by Federal Insurance Company, 89 Letter, filed by Coral Realty LLC, Coral Crystal, LLC.. When the Court directed the parties to file a joint status letter, that was not a suggestion. It was an order. Here are two more: 1.The noncompliant letters at Dkt. Nos. 88 and 89 are hereby STRICKEN. 2.No later than January 6, 2021, the parties shall file a joint status letter, no longer than 4 pages in the aggregate (exclusive of exhibits), see Moses Ind. Prac. &# 167; 1(d), in which they (a) outline the progress of discovery to date, as well as (b) any settlement efforts, and (c) inform the Court of any new disputes requiring the Court's attention.The parties are reminded that if the new disputes are dis covery disputes they must meet and confer in good faith before seeking judicial resolution of any remaining issues. If the parties are unable to agree upon the content of the joint letter, they shalldivide it into three sections, corresponding to the three topics set forth above, and within each section they shall allocate an equal number of lines of text to each side. The parties are reminded that, while the Court will not accept any further briefing concerning Federal's pending motion for leave to amend its answer, they may present argument on that motion at the January 11 conference. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/4/2021) (kv)
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Filing
62
MEMORANDUM OPINION AND ORDER: re: 38 MOTION to Compel Arbitration Re-filing Motion to Compel Arbitration filed by Coral Realty LLC, Coral Crystal, LLC, 33 MOTION to Vacate or Modify Appraisal Award filed by Federal Insurance Company. For the fo regoing reasons, Defendant's motion to vacate or modify the Award is granted to the extent that the Award is modified to strike the following determination: "The amounts are NOT subject to deduction for any previous payments or policy deduc tible. Previous payments were for emergency repairs and the deductible was applied to those emergency repairs." This modification is without prejudice to the parties' respective positions regarding the application of the Policy's deduc tible and the effect of Defendant's prior payments. Defendant's motion is denied in all other respects.Plaintiffs' cross-motion to confirm the Award is granted in part, except to the extent of the foregoing modification. To the extent the Award (as modified) has been confirmed, it establishes the value of the claim elements awarded; it does not resolve any remaining issues as to whether the Policy covers each element awarded. Moreover, the parties agree that the Court's adjud ication of the pending cross-motions to vacate and confirm does not resolve all claims in this action or warrant the entry of judgment. (Declaration of Charles J. Rocco (Docket Entry No. 43) Paragraph 6; Supplemental Declaration of David Karel (Docke t Entry No. 45) Paragraphs 4-5.) Therefore, the parties are directed to meet promptly and confer in a good faith attempt to resolve any outstanding coverage issues. To the extent legal or factual issues remain in contention following such consultatio n, the parties are directed to identify them, and any further discovery, motion practice, and/or trial preparation the parties believe will be necessary to resolve this case, in a joint status report directed to the attention of Magistrate Judge Mose s, to whom this case remains assigned for general pretrial management. The joint status report, which must also indicate whether the parties believe that a settlement conference before Judge Moses, a referral to the Court's mediation program, or the parties' participation in a private mediation would be helpful in resolving this case, must be filed by September 25, 2020. This Memorandum Opinion and Order resolves Docket Entry Nos. 33 and 38. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/03/2020) (ama)
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