Kiss v. Clinton Green North, LLC et al
| Tibor Kiss |
| Clinton Green North, LLC and ABC Corp. |
| 1:2017cv10029 |
| December 22, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G. Schofield |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
326
ORDER: Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within thirty (30) days of this Or der. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences and deadlines are CANCELLED. (Signed by Judge Lorna G. Schofield on 3/17/2022) (ate)
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Filing
315
ORDER: It is hereby ORDERED that the jury trial in this matter is adjourned to February 9, 2022, subject to the availability of courtrooms during the COVID-19 pandemic. The parties are advised that the trial is in third place on the Court's trial-ready calendar for that date. The parties shall be ready to proceed on twenty-four hours' notice on or after February 9, 2022. (Signed by Judge Lorna G. Schofield on 12/2/2021) (ate)
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Filing
314
ORDER: WHEREAS, the jury trial in this matter was scheduled to commence the week of October 11, 2021, subject to the availability of courtrooms during the COVID-19 pandemic. It is hereby ORDERED that the jury trial in this matter is tentatively adjourned to February 7, 2022, subject to the availability of courtrooms during the COVID-19 pandemic. (Signed by Judge Lorna G. Schofield on 10/25/2021) (ate)
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Filing
312
ORDER: WHEREAS, this Courts October 4, 2021, Order (Dkt. No. 311) directed the parties to propose three dates for the rescheduled trial in the first quarter of 2022, by October 18, 2022. WHEREAS, the parties have not submitted any proposed trial dates. It is hereby ORDERED that by October 22, 2021, the parties shall file a joint letter proposing three dates for the rescheduled trial in the first quarter of 2022. (Signed by Judge Lorna G. Schofield on 10/19/2021) (tg)
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Filing
311
ORDER: WHEREAS, the jury trial was scheduled to commence the week of October 11, 2021, subject to the availability of courtrooms during the COVID-19 pandemic. It is hereby ORDERED that trial is adjourned due to the unavailability of courtrooms during the COVID-19 pandemic. It is further ORDERED that by October 18, 2021, the parties shall propose three dates for the rescheduled trial in the first quarter of 2022. (Signed by Judge Lorna G. Schofield on 10/4/2021) (vfr)
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Filing
310
ORDER: WHEREAS, a conference was held on September 27, 2021. For the reasons stated at the conference, it is hereby ORDERED that this Court's September 21, 2021, Order (Dkt. No. 307), is modified as follows: The last sentence of paragraph thre e (3) shall read as follows: "Dr. Lattuga's testimony is limited to what is described in the medical records contained in Plaintiff's Exhibit 7 (Medical records from New York Spine Specialists), including a description of Plaintiff's injuries, the procedures Dr. Lattuga performed, and Plaintiff's pain and physical limitations." (Signed by Judge Lorna G. Schofield on 9/28/2021) (mml)
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Filing
307
ORDER denying 228 Motion in Limine; granting in part and denying in part 231 Motion in Limine; granting in part and denying in part 234 Motion in Limine; granting in part and denying in part 237 Motion in Limine; denying as moot 240 M otion in Limine; denying 243 Motion in Limine; denying 246 Motion in Limine. Defendant's motion to preclude Plaintiff's loss of earnings claim (Dkt. No. 228) is DENIED. Defendant's motion to exclude the testimony of Dr. Guenadi Amoachi, or in the alternative, limit his testimony to only the information contained in the MRI reports and films dated November 2, 2017, November 10, 2017, November 17, 2017 and June 14, 2018 (Dkt. No. 231) is GRANTED IN PART and DENIED IN PART . Defendant's motion to exclude the testimony of Dr. Sebastian Lattuga (Dkt. No. 234) is GRANTED IN PART and DENIED IN PART. Defendant's motion to exclude the testimony of economists Kristin Kucsma and Kenneth T. Betz (Dkt. No. 237) is GR ANTED IN PART and DENIED IN PART. The experts' opinions are not based on assumptions that are so unrealistic as to warrant exclusion. See Boucher v. U.S. Suzuki Motor Corp., 73 F.3d 18, 21 (2d Cir. 1996). This portion of the motion is DENIED a s Defendant's concerns go to the weight, not the admissibility of the testimony. Defendant's motion to preclude the contractual indemnification clause of the Master Services Agreement (Dkt. No. 240) is DENIED as moot in light of the part ies' stipulation of discontinuance (Dkt. No. 293) resolving all cross-claims between the defendants. Defendant's motion to preclude the testimony of Dr. Joseph Carfi (Dkt. No. 243) is DENIED. Defendant's motion to permit its expert w itnesses, Dr. Jeffrey Klein and Dr. Jane Mattson, to testify remotely at the time of trial (Dkt. No. 246) is DENIED. (As further set forth in this Order.) The Clerk of Court may place on the docket the first sentence of each numbered paragraph above and is respectfully directed to close the motions at Docket Nos. 228, 231, 234, 237, 240, 243 and 246. (Signed by Judge Lorna G. Schofield on 9/21/2021) (cf)
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Filing
304
ORDER: ORDERED that the parties shall file an updated final pretrial order in light of the stipulation of discontinuance by September 27, 2021. It is further ORDERED that Defendant Judy Painting Corp. is not required to file a reply Memorandum of La w regarding its Motion in Limine to preclude the contractual indemnification clause contained in the Master Services Agreement, as requested in this Court's September 17, 2021 Order (Dkt. No. 302), as that motion appears to be moot in light of the dismissal of cross- claims at Dkt. No. 293. If the motion is not moot, Judy Painting Corp. shall so advise the Court and file a reply., (Final Pretrial Order due by 9/27/2021.) (Signed by Judge Lorna G. Schofield on 9/20/2021) (ama)
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Filing
302
ORDER: WHEREAS, on October 15, 2020, Defendant Judy Painting Corp. filed a Motion in Limine to preclude the contractual indemnification clause contained in the Master Services Agreement (Dkt. No. 240). WHEREAS, Defendants Clinton Green North, LLC, Dermot Clinton Green, LLC and AvalonBay Communities, Inc. filed a Memorandum of Law in Opposition on October 27, 2020 (Dkt. No. 251). It is hereby ORDERED that Defendant Judy Painting Corp. file a reply Memorandum of Law, which shall not exceed six pages of text, in response to Defendants Memorandum of Law in Opposition by September 23, 2021. ( Replies due by 9/23/2021.) (Signed by Judge Lorna G. Schofield on 9/17/2021) (vfr)
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Filing
299
ORDER: It is hereby ORDERED that the final pre-trial conference is adjourned to September 27, 2021, at 2:30 p.m., on the following conference call line: 888-363-4749, access code: 558-3333. The parties shall provide, on a CD, an electronic version of all trial exhibits at least two (2) weeks prior to the final pre-trial conference. (As further set forth in this Order.) ( Telephone Conference set for 9/27/2021 at 02:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/8/2021) (cf)
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Filing
295
ORDER: WHEREAS, trial in this matter is scheduled to begin on September 27, 2021, at 9:45 a.m. (Dkt. No. 288). WHEREAS, due to the availability of courtrooms during the COVID-19 pandemic, that trial date is no longer available. It is hereby OR DERED that the jury trial in this matter is adjourned to October 12, 2021, at 9:45 a.m., subject to the availability of courtrooms during the COVID-19 pandemic. That date is the first available for this matter, which is in first place on the Court 's trial calendar for that week. The parties shall appear for the final pre-trial conference on September 30, 2021, at 4:00 p.m., on the following conference call line: 888-363-4749, access code 558-3333. ( Jury Trial set for 10/12/2021 at 09:45 AM before Judge Lorna G. Schofield., Telephone Conference set for 9/30/2021 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/2/2021) (vfr)
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Filing
288
ORDER: Accordingly, it is hereby ORDERED that the jury trial in this action shall begin on September 27, 2021, at 9:45 a.m., subject to the need for, and availability of, suitable courtrooms for jury trials during a pandemic. The final pre-trial conference will be set closer to the trial date. (As further set forth in this Order.) ( Jury Trial set for 9/27/2021 at 09:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/17/2021) (cf)
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Filing
284
ORDER: It is hereby ORDERED that the trial scheduled for May 3, 2021, is adjourned sine die, and the final pre-trial conference scheduled for April 15, 2021, is adjourned sine die. It is further ORDERED that by March 15, 2021, the parties shall me et and confer and file a joint letter (1) proposing three Mondays falling in the third quarter of 2021 on which they could commence a trial and (2) stating the estimated duration of the trial. It is further ORDERED that by March 8, 2021, the part ies shall file a joint letter stating (1) whether they wish to be referred for alternative dispute resolution before a magistrate judge or a Court appointed mediator, and (2) whether they intend to pursue private alternative dispute resolution. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/1/2021) (cf)
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Filing
283
ORDER: WHEREAS the final pre-trial conference in this action is scheduled for November 19, 2020, and trial is scheduled to begin on November 30, 2020, at 9:45 a.m. It is hereby ORDERED that due to (i) restrictions on courtroom gatherings in the two weeks following major holiday periods because of COVID-19, (ii) the limited number of courtrooms available and (iii) the Southern District of New York's preference for holding criminal trials before civil trials, the trial sc heduled for November 30, 2020, at 9:45 a.m., is adjourned to May 3, 2021, at 9:45 a.m. That date is the first available for this trial, and this matter is first in line on the Court's trial-ready calendar for May. The parties shall be re ady to proceed on 24 hours' notice on or after May 3, 2021. It is further ORDERED that the final pre-trial conference scheduled for November 19, 2020, is adjourned to April 15, 2021 at 11:30 a.m., on the following conference call line: 888-363-4749, access code: 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed by that time. It is further ORDERED that the deadlines set forth in the November 9, 2020, Order (Dkt. No. 281) are cancelled. ( Ready for Trial by 5/3/2021., Final Pretrial Conference set for 4/15/2021 at 11:30 AM before Judge Lorna G. Schofield., Jury Trial set for 5/3/2021 at 09:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/12/2020) (mro)
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Filing
281
ORDER: It is hereby ORDERED that the parties shall meet and confer and shall: (1) by November 10, 2020, file a joint letter describing the videoconferencing technology they intend to use for witness testimony at trial (the "Videoconferencing Technology"), as well as a proposed plan regarding the logistics of the Videoconferencing Technology; (2) by November 13, 2020, file a joint letter identifying which witnesses will testify via the Videoconferencing Technology; (3) by Novembe r 13, 2020, contact Courtroom Deputy James Street at (212) 805-4553 to schedule a walkthrough of the Videoconferencing Technology and (4) by November 17, 2020, conduct such walkthrough. It is further ORDERED that the Final Pre-Trial Conference sche duled for November 19, 2020, will be conducted using the Videoconferencing Technology, and by November 17, 2020, the parties shall file a letter setting forth the logistics of such conference. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/9/2020) (cf)
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Filing
274
ORDER: It is hereby ORDERED that in light of the health risks posed by COVID-19, the parties' witnesses shall be permitted to testify via videoconferencing software if they so desire. It is further ORDERED that the parties shall meet and con fer and shall: (1) by November 6, 2020, file a joint letter describing the videoconferencing technology they intend to use for witness testimony at trial (the Videoconferencing Technology), as well as a proposed plan regarding the logistics of the Videoconferencing Technology; (2) by November 11, 2020, contact Courtroom Deputy James Street at (212) 805-4553 to schedule a walkthrough of the Videoconferencing Technology and (3) by November 17, 2020, conduct such walkthrough. It is further O RDERED that the Final Pre-Trial Conference scheduled for November 19, 2020, will be conducted using the Videoconferencing Technology, and by November 17, 2020, the parties shall file a letter setting forth the logistics of such conference. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/2/2020) (cf)
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Filing
272
ORDER: Accordingly, it is hereby ORDERED that the parties shall meet and confer and shall, by November 5, 2020, jointly file their proposed requests to charge, voir dire and verdict form in accordance with the Individual Rules, and shall submit cou rtesy copies of those materials in Word format to Schofield_NYSDChambers@nysd.uscourts.gov. It is further ORDERED that by November 6, 2020, the parties shall file the joint final pretrial order in accordance with Individual Rule IV.B.2. (As further set forth in this Order.) ( Pretrial Order due by 11/6/2020.) (Signed by Judge Lorna G. Schofield on 10/30/2020) (cf)
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Filing
201
ORDER: It is hereby ORDERED that the parties are advised that jury trials will resume, and the jury trial in this action is in line to proceed the week of November 30, 2020. The jury trial scheduled for December 1, 2020, is adjourned to November 30, 2020, at 9:45 a.m. The parties shall be ready to proceed on 24 hours' notice on or after November 30, 2020. It is further ORDERED that the final pre-trial conference will take place telephonically on November 19, 2020, at 4:00 p.m., on the following conference call line: 888-363-4749, access code: 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed by that time. (Ready for Trial by 11/30/2020., Jury Trial set for 11/30/2020 at 09:45 AM before Judge Lorna G. Schofield., Telephone Conference set for 11/19/2020 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/8/2020) (jca)
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Filing
199
ORDER: It is hereby ORDERED that Judy Painting's motion for summary judgment seeking dismissal of Clinton Green North, LLC's contractual indemnity claim is DENIED without prejudice to renew at a later date. (As further set fort in this Order.) (Signed by Judge Lorna G. Schofield on 7/24/2020) (cf)
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Filing
197
OPINION & ORDER re: 172 MOTION for Partial Summary Judgment filed by Tibor Kiss, 182 FIRST MOTION for Summary Judgment on behalf of Judy Painting. filed by Judy Painting Corp., 185 FIRST MOTION for Summary Judgmen t on behalf of Judy Painting filed by Judy Painting Corp. For the reasons stated above, Plaintiff's motion for summary judgment is denied. Judy Painting's motion for summary judgment is granted as to the § 241(6) claim and d enied as to the remaining claims. For clarity, the following claims survive against Judy Painting -- the § 240(1) claim, the § 200 claim, and the common law negligence claim. The Clerk of Court is respectfully directed to close docket numbers 172, 182, 185. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/22/2020) (cf)
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Filing
170
ORDER denying 168 Letter Motion for Local Rule 37.2 Conference. Application DENIED. No circumstances warrant changing the prior ruling. With or without such a motion, AvalonBay represents that it will have to establish that the Master Agreement is valid and enforceable. The adjudication of that issue will be law of the case. At that time, AvalonBay may renew its request to seek summary judgment on the issue of contractual indemnification by Judy Painting. (Signed by Judge Lorna G. Schofield on 1/15/2020) (rj)
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Filing
165
ORDER denying 162 Letter Motion for Local Rule 37.2 Conference. The Application of Defendants Clinton Green North LLC, Dermot Clinton Green LLC and AvalonBay Communities, Inc. to file a motion for summary judgment against Judy Painting Corp. for contractual indemnification is DENIED. The Eighth Amended Civil Case Management Plan set the case management conference for August 29, 2019, at 10:30 A.M. (Dkt 132). The Court's Individual Rules provide that pre-motion letters must be filed at least ten business days before the proposed conference date. (Individual Rule III.A.1). The Court was first informed of this request to file a motion for summary judgment on November 26, 2019. Accordingly, the request to file is untimely. (Signed by Judge Lorna G. Schofield on 12/16/2019) (rro)
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Filing
161
MEMO ENDORSEMENT granting 160 Motion for Discovery. ENDORSEMENT: SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/4/2019) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing
159
ORDER: It is hereby ORDERED that, by December 6, 2019, the Owner Defendants shall file a pre-motion letter regarding their request to file a motion for summary judgment. Judy Painting shall, by December 11, 2019, file a response. The lette rs shall comply with the Courts Individual Rules regarding pre-motion letters. It is further ORDERED that the parties shall comply with the below briefing schedules. The parties shall comply with the Court's Individual Rules regard ing dispositive motions unless stated otherwise below. Judy Painting shall, by January 10, 2020, file its motion for summary judgment and accompany memorandum of law. Plaintiff shall, by January 24, 2020, file a consolidated cross-motion for summary judgment and accompanying memorandum of law and opposition and accompanying memorandum of law. Judy Painting shall, by February 7, 2020, file a consolidated opposition and accompanying memorandum of law and reply. Owner Defendants shall also, by February 7, 2020, file its opposition and accompanying memorandum of law. Plaintiff shall, by February 24, 2020, file its reply. Plaintiff and Judy Painting shall each have no greater than fifty (50) pages in the aggregate for their briefs. Owner Defendants shall have no greater than twenty-five (25) pages for its brief. Z&Z Service, Inc. shall, by January 10, 2020, file its motion for summary judgment and accompanying memorandum of law that shall not exce ed ten (10) pages. Owner Defendants and Judy Painting shall, by January 24, 2020, file a consolidated opposition and accompanying memorandum of law that shall not exceed fifteen (15) pages. Z&Z Service, Inc. shall, by February 7, 2020, file a reply that shall not exceed ten (10) pages. If the request to file a motion for summary judgment is granted, then Owner Defendants shall, by January 10, 2020, file its motion for summary judgment and accompanying memorandum of law that s hall not exceed ten (10) pages. Judy Painting shall, by January 24, 2020, file its opposition and accompanying memorandum of law that shall not exceed ten (10) pages. Owner Defendants shall, by February 7, 2020, file its reply that shall no t exceed ten (10) pages. It is further ORDERED that Owner Defendants' request to reopen fact discovery for the limited purpose stated in Defendants' request is GRANTED and shall be completed by December 24, 2019. ( Fact Discovery due by 12/24/2019., Motions due by 1/10/2020., Responses due by 1/24/2020, Replies due by 2/7/2020.) (Signed by Judge Lorna G. Schofield on 12/2/2019) (mro)
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