Indemnity Insurance Company of North America v. Expeditors International of Washington, Inc. et al
| Indemnity Insurance Company of North America |
| Expeditors International of Washington, Inc. and China Airlines, Ltd. |
| Expeditors International of Washington, Inc. |
| China Airlines, Ltd. |
| 1:2017cv02575 |
| April 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| J. Paul Oetken |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
102
ORDER: The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. All filing deadlines and conference dates are adjourned sine die.SO ORDERED. (Signed by Judge J. Paul Oetken on 8/12/2020) (ama)
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Filing
98
ORDER denying 89 Motion for Reconsideration. Having reviewed the record and the parties' memorandums of law, the Court concludes that it overlooked neither a controlling issue of law nor a crucial fact in the record. As this Court expli citly noted in its Opinion and Order, Plaintiff failed to make the argument in its briefing that indirect carriers qualified as carriers within the meaning of China Air's waybill. Accordingly, the argument is deemed waived. Plaintiff's motion for reconsideration is therefore DENIED. The Clerk of the Court isdirected to close the motion at Docket Number 89. So Ordered.. (Signed by Judge J. Paul Oetken on 3/31/2020) (js)
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Filing
88
OPINION AND ORDER. For the foregoing reasons, Indemnity's motion for summary judgment is DENIED, Expeditors' motion for summary judgment is GRANTED in part and DENIED in part, and China Airlines' motion for summary judgment is DENIED. The parties shall appear for a status conference in the case on January 21, 2020, at 11:30 a.m. in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. The Clerk of Court is directed to close the motio ns at Docket Numbers 64, 68, and 71. SO ORDERED. re: 64 MOTION for Summary Judgment filed by Indemnity Insurance Company of North America, 68 MOTION for Summary Judgment filed by China Airlines, Ltd., 71 MOTION f or Summary Judgment filed by Expeditors International of Washington, Inc. (Status Conference set for 1/21/2020 at 11:30 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 12/16/2019) (rjm)
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Filing
62
OPINION AND ORDER: re: 40 MOTION for Summary Judgment filed by China Airlines, Ltd., 35 MOTION for Summary Judgment filed by Expeditors International of Washington, Inc., 30 MOTION for Summary Judgment filed by Indemnity Insurance Company of North America. For the foregoing reasons, Indemnity's motion for summary judgment is DENIED, Expeditor's motion for summary judgment is DENIED, and China Airlines' motion for summary judgment is DENIED. In light of the Court's co nclusion that the Montreal Convention does not govern this dispute, the parties may file new motions for summary judgment based on the applicable substantive law. Any new motions should follow a sequential briefing schedule: first, Indemnity should f ile a motion and supporting brief by April 3, 2019; followed by Defendants' motions and briefs jointly supporting their motions and opposing Indemnity's motion; followed by Indemnity's opposition and reply brief; followed by Defendants ' reply briefs.The parties are directed to confer and submit a joint letter by March 13, 2019 regarding whether there will be additional motions for summary judgment, and if so the full briefing schedule thereof; if no such motions are anticipat ed, the letter should estimate the length of trial and propose trial dates. The Clerk of Court is directed to close the motions at Docket Numbers 30, 35, and 40. SO ORDERED., ( Motions due by 4/3/2019.) (Signed by Judge J. Paul Oetken on 2/19/2019) (ama)
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