NASDI LLc v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV)
| NASDI LLC |
| Skanska Koch Inc. Kiewit Infrastructure Co. (JV) |
| 1:2017cv03578 |
| May 12, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
120
STIPULATED JUDGMENT AND ORDER: THEREFORE, on the joint motion of NASDI and SKK, it is hereby ORDERED, ADJUDGED AND DECREED as follows. 1. This Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C § 1332. 2. Venue in this matter is proper in the Southern District of New York. 3. SKK's first counterclaim alleges that SKK incurred additional and increased costs of construction by reason of NASDI's breach of contract. SKK's second c ounterclaim is for contractual indemnification for damages caused by NASDI and for SKK's reasonable attorneys' fees and costs. 4. NASDI agrees that Two Million Three Hundred and Fifty Thousand Dollars ($2,350,000.00) is the fair a nd reasonable compromise of SKK's alleged damages on its first and second counterclaims, inclusive of attorneys' fees and costs and interest through the date of this Order. 5. NASDI retains the right to appeal the Order of this Cou rt dated September 28, 2020, and the Order of this Court dated November 15, 2022, to the extent allowed by applicable law, and retains the right to appeal this Judgment to the extent it is based on the aforementioned order. 6. NASDI has agre ed to this Stipulated Judgment and Order freely and without coercion. 7. The parties acknowledge that they have read the provisions of this Stipulated Judgment and Order and are prepared to abide by them. IT IS ORDERED ADJUDGED AND DEC REED that judgment in the amount of $2,350,000 is hereby entered against NASDI and in favor of Skanska Koch Inc. - Kiewit Infrastructure Co., a Joint Venture. IT IS FURTHER ORDERED that each party shall bear its own costs and attorneys ' fees incurred in connection with this action through the date of this Stipulated Judgment and Order. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for the purpose of enabling the parties to apply to t he Court at any time for such further orders and directives as may be necessary or appropriate for the interpretation or modification of this Order, or for the enforcement of compliance therewith. The parties, by their respective counsel, here by consent to entry of the foregoing Order which shall constitute a final judgment and order in this matter. So ordered. NASDI LLC and Skanska Koch Inc. Kiewit Infrastructure Co. (JV) terminated. (Signed by Judge Denise L. Cote on 3/10/2023) (vfr)
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Filing
119
ORDER : Having received the parties' proposed stipulated judgment and order on March 9, 2023, it is hereby ORDERED that a telephonic conference is scheduled for March 10, 2023, at 2:30 pm. The parties shall use the following dial-in credenti als for the telephonic conference: Dial-in: 888-363-4749; Access Code: 4324948. The parties shall use a landline if one is available.( Telephone Conference set for 3/10/2023 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/9/2023) (va)
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Filing
114
ORDER: A bench trial in the above-captioned action had been placed on the trial-ready calendar for March 6, 2023. The parties are hereby notified that the trial in this action will commence on March 13, 2023 at 9:30 AM in Courtroom 18B, 500 Pea rl Street. Please refer to this Court's Individual Practices in Civil Cases and the Order issued on November 15, 2022 for all pretrial related deadlines. SO ORDERED. ( Bench Trial set for 3/13/2023 at 09:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/3/2023) (vfr)
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Filing
111
OPINION AND ORDER re: 86 FIRST MOTION for Reconsideration filed by NASDI LLC. NASDI's October 13, 2020 motion for reconsideration is denied. The case will proceed to trial on SKK's counterclaim for indemnification, and on the damages for its counterclaim for breach of contract. (Signed by Judge Denise L. Cote on 11/15/2022) (vfr)
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Filing
108
ORDER: Accordingly, it is hereby ORDERED that the stay on this action is lifted. (Signed by Judge Denise L. Cote on 11/4/2022) (vfr)
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Filing
102
ORDER: Construing the plaintiff's request as a motion to lift the stay imposed by this Court for the purpose of deciding the pending motion for reconsideration, it is hereby ORDERED that the plaintiff's motion to lift the stay is denied. If the plaintiff seeks to proceed with this litigation, it must make an application to the bankruptcy court for relief from the bankruptcy stay. 11 U.S.C. 362(d). Should the bankruptcy court lift the stay as to the plaintiff, either entirely or in pa rt to allow for resolution of this litigation, this Court will proceed to address the plaintiff's motion for reconsideration and provide the parties with such further relief as is appropriate, including the trial of any surviving claims. IT IS FURTHER ORDERED that a status letter is due January 30, 2022. (Signed by Judge Denise L. Cote on 9/30/2021) (ate)
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Filing
96
ORDER: Accordingly, it is hereby ORDERED that all proceedings in this case are stayed pending the disposition of the bankruptcy proceeding. IT IS FURTHER ORDERED that the parties shall submit a status letter by March 30, 2021. SO ORDERED. (Signed by Judge Denise L. Cote on 12/7/2020) (jca)
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Filing
88
ORDER: Accordingly, it is hereby ORDERED that defendant shall submit any opposition to the October 13 motion by November 6, 2020. Plaintiff's reply, if any, shall be submitted by November 20. SO ORDERED. (Responses due by 11/6/2020, Replies due by 11/20/2020.) (Signed by Judge Denise L. Cote on 10/14/2020) (jca)
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Filing
83
OPINION AND ORDER re: 65 MOTION for Summary Judgment (corrected). filed by Skanska Koch Inc. Kiewit Infrastructure Co. (JV). SKK's motion of February 28 for summary judgment on NASDI's claims is granted. SKK is also grant ed summary judgment on its counterclaim for breach of contract to the extent of a finding of liability against NASDI. The amount of damages due SKK for that breach and SKK's claim for indemnification will be decided at trial. (Signed by Judge Denise L. Cote on 9/28/2020) (jca)
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Filing
82
ORDER: It is hereby ORDERED that a telephonic conference is scheduled for September 25, 2020 at 10:00 a.m. The parties shall use the following dial-in instructions for the telephone conference: Dial-in: 888-363-4749 Access code: 4324948 IT IS FURT HER ORDERED that, at the September 25 conference, the parties shall address why the February 28 motion should not be converted into a bench trial and decided on the record and briefing submitted by the parties in connection with the February 28 mo tion. IT IS FURTHER ORDERED that, at the September 25 conference, the parties shall address the scheduling of submissions on the issues that remain to be addressed at trial. IT IS FURTHER ORDERED that the October 2 final pretrial conference is adjourned sine die. IT IS FURTHER ORDERED that the parties shall use a landline if one is available. SO ORDERED. (Telephone Conference set for 9/25/2020 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/23/2020) (jca)
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Filing
63
ORDER: The final pretrial conference scheduled for September 4, 2020, is rescheduled to October 2, 2020, at 11:00 a.m. in Courtroom 17C. SO ORDERED., ( Final Pretrial Conference set for 10/2/2020 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/07/2020) (ama)
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| Plaintiff: NASDI LLC | |
| Represented By: | Adam David Cole |
| Represented By: | Douglas W. Eyre |
| Represented By: | Mark L. McAlpine |
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| Defendant: Skanska Koch Inc. Kiewit Infrastructure Co. (JV) | |
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