Martiny v. Introcaso-Allison

Martiny v. Introcaso-Allison

Plaintiff:	Ana Martiny
Defendant:	Donna Introcaso-Allison
Case Number:	1:2017cv09559
Filed:	December 6, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	John F. Keenan
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 23, 2019	Filing 58 OPINION & ORDER re: 48 MOTION for Sanctions, filed by Ana Martiny. Because of Defendant's repeated refusal to comply with the Court's discovery orders or provide any justification for this noncompliance, sanctions are warra nted. Accordingly, Plaintiff's request for Rule 37 sanctions is GRANTED in part. Plaintiff is entitled to attorney's fees and reasonable expenses incurred in this action from June 18, 2018, to the date of this order. The parties are ORDER ED to meet and confer regarding Plaintiff's attorney's fees in an attempt to reach an agreement of an appropriate amount. If the parties reach agreement, Plaintiff shall submit a proposed final judgment for the Court's consideration. If the parties are unable to reach agreement, Plaintiff is directed to file an application with the Court for reasonable fees and costs. Plaintiff's requests for default judgment on her conversion claim and for an award of punitive damages are DENIED. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 48. (Signed by Magistrate Judge Sarah Netburn on 09/23/2019) (ras)
January 15, 2019	Filing 45 OPINION AND ORDER re: 28 MOTION for Partial Summary Judgment, filed by Ana Martiny. Plaintiff's motion for partial summary judgment is GRANTED. The Clerk of Court is directed to enter partial judgment in favor of Plaintiff as to Counts I an d II in the amount of $500,023.53. Plaintiff shall be awarded prejudgment interest on that amount from April 30, 2017, to the date of judgment at the rate of 9% per annum. In addition, Plaintiff's claim for rescission of contract is dismissed without prejudice as moot. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 28. (Signed by Magistrate Judge Sarah Netburn on 01/15/2019) (ras)

Date Filed

Document Text

September 23, 2019

Filing 58 OPINION & ORDER re: 48 MOTION for Sanctions, filed by Ana Martiny. Because of Defendant's repeated refusal to comply with the Court's discovery orders or provide any justification for this noncompliance, sanctions are warra nted. Accordingly, Plaintiff's request for Rule 37 sanctions is GRANTED in part. Plaintiff is entitled to attorney's fees and reasonable expenses incurred in this action from June 18, 2018, to the date of this order. The parties are ORDER ED to meet and confer regarding Plaintiff's attorney's fees in an attempt to reach an agreement of an appropriate amount. If the parties reach agreement, Plaintiff shall submit a proposed final judgment for the Court's consideration. If the parties are unable to reach agreement, Plaintiff is directed to file an application with the Court for reasonable fees and costs. Plaintiff's requests for default judgment on her conversion claim and for an award of punitive damages are DENIED. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 48. (Signed by Magistrate Judge Sarah Netburn on 09/23/2019) (ras)

January 15, 2019

Filing 45 OPINION AND ORDER re: 28 MOTION for Partial Summary Judgment, filed by Ana Martiny. Plaintiff's motion for partial summary judgment is GRANTED. The Clerk of Court is directed to enter partial judgment in favor of Plaintiff as to Counts I an d II in the amount of $500,023.53. Plaintiff shall be awarded prejudgment interest on that amount from April 30, 2017, to the date of judgment at the rate of 9% per annum. In addition, Plaintiff's claim for rescission of contract is dismissed without prejudice as moot. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 28. (Signed by Magistrate Judge Sarah Netburn on 01/15/2019) (ras)

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Plaintiff: Ana Martiny
Represented By:	Arlene F. Boop
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Defendant: Donna Introcaso-Allison
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