Kookmin Best Insurance Company Ltd. (US Branch)v. Foremost Insurance Company
Kookmin Best Insurance Company Ltd. (US Branch) |
Foremost Insurance Company |
1:2018cv00782 |
January 29, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Paul A. Engelmayer |
Insurance |
28 U.S.C. ยง 1332 |
None |
Available Case Documents
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Filing 51 ORDER: The Court having been advised by Magistrate Judge Wang that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be de nied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "s o ordered" by the Court. Per Paragraph 4(C) of the Courts Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/21/2021) (va) |
Filing 47 ORDER: The Court has received the parties' conflicting letters regarding the other side's purported failure to comply with the Courts March 5, 2019, opinion and order holding that defendant Foremost Insurance Company had a duty to defend the underlying state-court actions and to reimburse Kookmin for the expenses it had incurred in doing so. The Court directs that counsel, in lieu of a fee hearing before this Court, proceed promptly to a settlement conference before the United St ates Magistrate Judge assigned to this case, the Hon. Ona T. Wang, with an eye towards resolving this eminently resolvable dispute expeditiously. The Court directs counsel promptly to contact Judge Wang to arrange such a conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/15/2021) (jca) |
Filing 37 OPINION & ORDER: Motions terminated: 21 FIRST MOTION for Summary Judgment as to Duty to Defend. filed by Kookmin Best Insurance Company Ltd. (US Branch), 26 CROSS MOTION for Summary Judgment . filed by Foremost Insuran ce Company. For the reasons stated above, the Court grants Kookmin's motion for summary judgment both as to Foremast's duty to defend and its obligation to reimburse Kookmin for expenses Kookmin has incurred in defending against the unde rlying personal injury actions. Foremast's cross-motion for summary judgment is, correspondingly, denied. The Court respectfully directs the Clerk of Court to terminate the motions pending at docket entries 21 and 26. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/5/2019) (ks) Transmission to Orders and Judgments Clerk for processing. |
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Plaintiff: Kookmin Best Insurance Company Ltd. (US Branch) | |
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Defendant: Foremost Insurance Company | |
Represented By: | Dan David Kohane |
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