99 Wall Development Inc. v. Allied World Specialty Insurance Company
| 99 Wall Development Inc. |
| Allied World Specialty Insurance Company |
| 7:2018cv00126 |
| January 8, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
273
ORDER: It has been reported to the Court that the parties have reached a settlement in principle. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. Any application to reopen this action must be filed within thirty (30) days of this order, and any application filed thereafter may be de nied solely on that basis. If the parties seek to have the Court retain jurisdiction to enforce a settlement agreement, the terms of the agreement must be placed on the public record and "so ordered" by the Court within the same thirty-day period. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/4/2022) (jca)
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Filing
271
ORDER granting 270 Letter Motion for Extension of Time to File. Application granted. The parties shall submit a joint letter by no later than August 3, 2022 proposing potential dates for trial and estimating its length. SO ORDERED.. (Signed by Judge Ronnie Abrams on 7/28/2022) (kv)
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Filing
269
ORDER denying 267 Letter Motion for Extension of Time to File. Defendant's request to file an additional motion for summary judgment is denied. Plaintiff demanded payment for its repair costs in its First Amended Complaint, see Dkt. 28 59, and Defendant had a full opportunity to move for summary judgment as to these costs in its initial motion. While the Court noted in its September 29, 2021 Opinion and Order that Defendant had made payments to Plaintiff for repair costs, it has never ruled on whether Defendant has paid those repair damages in full. To the extent the parties dispute whether certain damages are properly considered repair costs or delay damages, they shall resolve the issue at trial. SO ORDERED.. (Signed by Judge Ronnie Abrams on 6/14/2022) (ks)
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Filing
265
ORDER CONVERTING SETTLEMENT STATUS CONFERENCE TO VIDEO: The telephonic Settlement Status Conference in this matter scheduled for Thursday, April 14, 2022 at 12:00 p.m. is hereby converted to Microsoft Teams. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. SO ORDERED. ( Settlement Conference set for 4/14/2022 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/28/2022) (vfr)
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Filing
262
ORDER granting 261 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The telephonic Settlement Status Conference in this matter scheduled for Wednesday, January 19, 2022 at 11:30 a.m. is hereby rescheduled to Thursday, April 14, 2022 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Telephone Conference set for 4/14/2022 at 12:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/6/2022) (vfr)
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Filing
257
ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, January 19, 2022 at 11:30 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 1/19/2022 at 11:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/2/2021) (vfr)
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Filing
252
OPINION AND ORDER: re: 221 MOTION to Strike filed by Allied World Specialty Insurance Company, 197 MOTION for Partial Summary Judgment Re 99 Wall's Pleas for Consequential Damages and Attorneys' Fees filed by Allied World Specialt y Insurance Company, 199 MOTION for Partial Summary Judgment Re Methodology for Measuring Delay filed by Allied World Specialty Insurance Company. For the reasons discussed above, (1) Allied World's motion for partial summary judgment regardin g methodology (Dkt. 199) is denied in part and granted in part; (2) Allied World's motion for partial summary judgment regarding consequential damages and attorneys' fees (Dkt. 197) is granted; and (3) Allied World's motion to strike ( Dkt. 221) is denied. No later than 30 days from the date of this order, the parties are directed to confer and file a joint status update concerning (1) proposed next steps in this litigation; (2) the prospects of settlement; and (3) whether the Cour t or Magistrate Judge Parker can be of assistance with settlement by way of either an additional settlement conference before Judge Parker or a referral to the District's mediation office. The Clerk of Court is respectfully directed to terminate Dkts. 197, 199, and 221. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/29/2021) (ama)
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Filing
249
ORDER: The oral argument scheduled for Thursday, June 24 will begin at 2:30 p.m. instead of 3:00 p.m. The argument will focus primarily on Defendant's two motions for partial summary judgment (Dkts. 197, 199), with equal time devoted to each on e. To the extent that the parties are arguing with reference to materials that Defendant seeks to strike, the parties may also raise those issues as part of their discussions on the summary judgment motions. The Court will allot roughly 30 minutes to each summary judgment motion. Each side may be heard with respect to any points they wish to raise, and the Court will have also have questions for the parties. On each motion Defendant will speak first as the movant, and may reserve time for respon ding to Plaintiff. The argument will be held by video conference using Microsoft Teams. The Court will send counsel the videoconferencing information via email. Members of the public and press can access the conference by using the following information: Call-in Number: (888) 363-4749; Access Code: 1015508., (Telephone Conference set for 6/24/2021 at 02:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/21/2021) (nb)
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Filing
192
ORDER. In light of the COVID-19 crisis, the Court will not hold the upcoming conference in this case in person. Counsel should still submit their joint letter by July 3, 2020, as directed in the Court's April 29, 2020 Order. See Dkt. 186. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If not, the Court will hold the post-discovery conference by telephone. In any event, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-ronnie-abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/1/20) (yv)
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Filing
189
OPINION AND ORDER ON DEFENDANT'S MOTION TO COMPEL re: 182 MOTION to Compel Plaintiff to Produce filed by Allied World Specialty Insurance Company. For the reasons set forth above, Allied World's motion is gran ted in part and denied in part. 99 Wall shall re-review its privilege log and produce documents in whole or in a redacted format consistent with this decision. The Court attaches a chart with its rulings as to specific documents in the sample. (Signed by Magistrate Judge Katharine H. Parker on 5/26/2020) (Attachments: # 1 Exhibit A) (mro)
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Filing
178
ORDER: In light of the extension of the discovery deadline from March 31, 2020 to April 30, 2020, see Dkt. 176, the post-discovery conference scheduled for April 10, 2020 is hereby adjourned to May 8, 2020 at 12:30 p.m. In advance of the conference, the Court will notify the parties whether it will be held in person or by phone. No later than May 1, 2020, the parties shall submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion and what efforts the parties have made to settle the action. (Signed by Judge Ronnie Abrams on 4/1/2020) (rj)
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Filing
177
ORDER: For the telephonic conference currently scheduled for April 8, 2020, the parties are directed to call into the Court conference line at (866) 434-5269, Code: 4858267 at the appropriate time. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (ama)
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Filing
174
ORDER granting 173 Letter Motion to Adjourn Conference. The Status Conference in this matter that is scheduled for Monday, March 16, 2020 at 10:00 a.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby converted to a telephonic conference and rescheduled to Wednesday, April 8, 2020 at 11:00 a.m. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2020) Telephone Conference set for 4/8/2020 at 11:00 AM before Magistrate Judge Katharine H. Parker. (ks)
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Filing
170
ORDER denying without prejudice 167 Motion to Compel; denying without prejudice 168 Motion for Discovery. For the reasons set forth on the record during the December 18, 2018 telephone conference, the motions at ECF 167 and 168 are denied without prejudice as premature. The parties are directed to conduct the deposition of Plaintiffs expert within the next 30 days and to meet and confer further about documents on Plaintiff's privilege log and any potentially outstanding produ ction from Plaintiff based on its counsel's further inquiry as to location of communications with outside consultants. A status conference in this matter is hereby scheduled for March 16, 2020 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/21/2020) (ks)
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Filing
134
OPINION & ORDER ON MOTION TO COMPEL: For the reasons set forth above, 99 Wall's motion is granted in part and denied in part. Allied shall produce the documents on its log by June 21, 2019, consistent with the above. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/14/2019) (rro)
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Filing
128
OPINION AND ORDER re: 108 FIRST MOTION to Amend/Correct For Leave to File Amended Intervenor-Complaint. filed by T.G. Nickel & Associates LLC. For the reasons set forth above, Defendants Motion to Amend is GRANTED. The Clerk is respectfully requested to terminate the motion at ECF 40. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/17/2019) (ks)
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