Grunberg 77 LLC v. B.R. Guest Parent Holdings, LLC
| Grunberg 77 LLC |
| B.R. Guest Parent Holdings, LLC and 359 Columbus Avenue, L.L.C. |
| 1:2017cv05627 |
| July 24, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Robert W. Sweet |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
149
ORDER: On October 13, 2020 I held a status conference with the parties. At that conference the parties confirmed they had reached a settlement, and I dismissed the case with prejudice and without cost, as set forth in full on the record. However, the case was not marked closed. Accordingly, the Clerk shall terminate any open motions and mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/23/2022) (tg)
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Filing
140
DISCOVERY ORDER. The parties move by joint letter to resolve three discovery disputes: (a) Plaintiff's refusal to proceed with a Rule 30(b)(6) deposition noticed by Defendants; (b) Defendants' identification of Ernest A. Badway, Esq., as a new witness and their refusal to produce him for deposition; and (c) Plaintiff's refusal to produce Edward J. Phillips, Esq., its lead counsel in this action, for deposition. ECF No. 139, at 1. I find for Defendants on point (a); and partiall y for each party on points (b) and (c). As to (a), damages are a critical issue in this case and a deposition tailored to the topics listed in Defendants' Rule 30(b)(6) Deposition Notice, see id. at 13, will streamline the trial. As to (b), Defendants are correct that Plaintiff's claim on the inadmissibility of Badway's testimony is better left to Plaintiff's motions in limine. On the other hand, I do not find Plaintiff to have waived its right to depose Badway, though deny Plaintiff's request for Defendants to bear the costs of this deposition. Thus, Defendants may call Badway at trial, subject to any rulings on motions in limine, and Plaintiff, at its own cost, may depose Badway before trial. Finally, as to (c), I find-consistent with my comment at the September 27, 2019 status conference-that Defendants are not permitted to depose Phillips. However, as I also stated at that conference, Plaintiff must designate another 30(b)(6) witness competent to testify on the reasonableness of the disputed fees. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/12/20) (yv)
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Filing
83
OPINION re: 47 MOTION to Dismiss In Part The Second Amended Complaint. filed by 359 Columbus Avenue, L.L.C., B.R. Guest Parent Holdings, LLC. For the foregoing reasons, the Defendants' motion to dismiss is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 11/5/2018) (rro)
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