KLS Diversified Master Fund, L.P. v. McDevitt
| 1:2019cv03774 |
| February 20, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Contract: Other |
| 28 U.S.C. ยง 1332 oc Diversity-Other Contract |
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The following documents for this case are available for you to view or download:
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Filing
128
OPINION AND ORDER re: 104 MOTION for Oral Argument Order to Show Cause to modify /vacate restraining notices filed by Sean McDevitt. The motion to vacate the restraining notices is GRANTED IN PART AND DENIED IN PART. The Clerk of Court is respectfully directed to close Dkt. No. 104. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/25/2022) (vfr)
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Filing
123
ORDER: The parties are invited to file supplemental briefing by 6:00 p.m. on January 20, 2022, addressed to the following questions: 1. Whether-under the LSM insurance policy, the details of any agreement between WHSB and LSM or McDevitt, an d relevant case law-the right to payment for WHSB's legal services in connection with McDevitt's defense runs directly from WHSB to LSM, with McDevitt as a third-party beneficiary, or whether the right to payment for WHSB's legal services runs from WHSB to McDevitt, with LSM obligated to reimburse McDevitt for such costs that he incurs; and 2. Whether the New York Court of Appeals' decision in Seider v. Roth, 216 N.E.2d 312 (N.Y. 1966), with respect to automobile liability insurance remains good law and whether it has any applicability to the D&O insurance at issue in this case. The briefing shall be by single-spaced letter not to exceed three pages and shall be filed on ECF. SO ORDERED. ( Brief due by 1/20/2022.) (Signed by Judge Lewis J. Liman on 1/18/2022) (va)
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Filing
120
ORDER re: 108 Response in Opposition to Motion, filed by KLS Diversified Master Fund, L.P., 119 Letter filed by KLS Diversified Master Fund, L.P. Plaintiff's motion to compel post-judgment discovery, Dkt. No. 108, is denied as moot in light of Plaintiff's submission at Dkt. No. 119 withdrawing the request. The parties are permitted to file supplemental briefs no later than 5:00 p.m. on January 13, 2022, addressed to the question whether Plaintiff has a "right or interest" in the property sought to be attached and how the discovery and the insurance policy might bear on that question. SO ORDERED. ( Brief due by 1/13/2022.) (Signed by Judge Lewis J. Liman on 1/11/2022) (va)
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Filing
114
ORDER: Plaintiff's submission due January 7, 2022 should also make whatever substantive arguments it has in response to the two arguments made in Defendant's motion for modification of the restraining notices. Defendant shall be perm itted a brief reply due on January 10, 2022. In addition, if Defendant would like the Court to consider any of the substantive terms of the LSM Policy, it must file it on ECF by close of business today, January 6, 2022. SO ORDERED. ( Replies due by 1/10/2022.) (Signed by Judge Lewis J. Liman on 1/6/2022) (va)
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Filing
109
ORDER: Defendant is directed to respond to the papers at Dkt. No. 108 by January 4, 2022, at 5:00 p.m. SO ORDERED. ( Replies due by 1/4/2022.) (Signed by Judge Lewis J. Liman on 1/3/2022) (va)
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Filing
101
ORDER OF JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED, that judgment is entered in favor of Plaintiff, KLS Diversified Master Fund, L.P., and against Defendant, Sean McDevitt, in the amount of $3,330,000.00, plus interest as follows: a) 6;279,913.69 representing Note rate interest (4%) compounded quarterly, from inception (1/9/17) through maturity (1/9/19); plus b) Post maturity, pre-judgment interest at $832.50 daily from 1/10/19 though entry of judgment; plus c) Post-ju dgment interest at the applicable statutory rate (see 28 U.S.C. 1961) through satisfaction; d) and that Plaintiff have execution therefor; and IT IS FURTHER ORDERED, that Plaintiff is awarded attorney's fees and costs totaling $1,174,125. 60, plus post-judgment interest at the applicable statutory rate (see 28 U.S.C. 1961) and that Plaintiff have execution therefor; and IT IS FURTHER ORDERED, that judgment shall be entered by the clerk for the total amount as set forth and computed above. (Signed by Judge Lewis J. Liman on 4/12/2021) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing
99
ORDER denying 97 Letter Motion to Compel. The Court construes Defendant's request as a thinly-veiled motion for reconsideration. It is denied. Defendant does not raise any issues he could not have raised earlier or that the Court did not consider in its prior opinions. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/7/2021) (va)
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Filing
96
OPINION AND ORDER re: 91 THIRD MOTION for Summary Judgment renewed pursuant to the Court's order filed by KLS Diversified Master Fund, L.P. Plaintiffs motion for summary judgment is GRANTED IN PART and DENIED IN PART. Dkt. No. 91. Plaintiff is directed to submit a proposed judgment by April 7, 2021 that awards damages of $3,330,000 and interest and attorneys fees and costs in accordance with this Opinion. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/2/2021) (va)
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Filing
90
ORDER denying without prejudice 83 Motion for Summary Judgment. To the extent that Plaintiff moves for summary judgment on attorneys' fees, that motion is denied, without prejudice, for failure to produce any time records even in redacted form. Plaintiff has leave to renew the request for attorneys' fees by filing its time records on ECF by February 8, 2021. Defendant shall file an opposition to the attorneys' fees application, no longer than 5 pages, by February 15, 2021. Plaintiff shall file a reply, no longer than 5 pages, by February 22, 2021. Under Federal Rule of Evidence 502(d), the Court "may order that the privilege or protection is not waived by disclosure connection with the litigation pen ding before the courtin which event the disclosure is also not a waiver in any other federal or state proceeding." Fed. R. Evid. 502(d). It is hereby ORDERED that the disclosure of Plaintiff's time records will not be deemed a waiver of attorney client privilege or attorney work product pursuant to Fed. R. Evid. 502(d). SO ORDERED. (Signed by Judge Lewis J. Liman on 2/1/2021) (va)
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Filing
81
ORDER: As discussed at the December 28, 2020 conference, the parties shall file a joint letter by January 8, 2021 as to whether they jointly consent to referral to the magistrate judge for final decision on the issues of damages and attorneys& #039; fees. Plaintiff shall also file its motion and supporting memorandum and any declarations in support of summary judgment on damages and attorneys' fees by January 8, 2021. (The briefing on attorneys fees shall be limited to the rea sonableness of the fee request, Defendant having conceded Plaintiff's contractual entitlement to an award of reasonable attorneys' fees.) Defendant shall file his opposition and any supporting declarations by January 22, 2021, and Plai ntiff shall file its reply by January 29, 2021. Both parties consent to the issues of damages and attorneys fees being determined by the Court notwithstanding any prior request for a jury trial. SO ORDERED. ( Motions due by 1/8/2021. Responses due by 1/22/2021. Replies due by 1/29/2021.) (Signed by Judge Lewis J. Liman on 12/28/2020) (va)
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Filing
73
OPINION & ORDER re: 39 MOTION for Summary Judgment, filed by Sean McDevitt, 42 MOTION for Summary Judgment, filed by KLS Diversified Master Fund, L.P. Plaintiff's motion for summary judgment is GRANTED. Dkt. No. 42. Defendan t's motion for summary judgment is DENIED. Dkt. No. 39. The parties are directed to appear for a telephonic conference on December 28, 2020 at 11:00 a.m. Parties should dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. SO ORDERED. ( Telephone Conference set for 12/28/2020 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 12/15/2020) (va)
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Filing
70
ORDER: The Court is in receipt of the parties' motions for summary judgment. See Dkt. Nos. 39, 42. Oral argument is scheduled on the motions for December 4, 2020 at 11:00 a.m. The parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. ( Telephone Conference set for 12/4/2020 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/19/2020) (va)
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Filing
31
ORDER. This action previously was referred to a Magistrate Judge for general pretrial purposes. Dkt. No. 15. The parties are instructed to redirect their request regarding discovery issues to Magistrate Judge Freeman. After an order with respect to the completion of all discovery has been entered by Magistrate Judge Freeman, the parties may address to me issues regarding summary judgment. The current deadlines for the summary judgment briefing schedule are hereby CANCELLED.SO ORDERED. (Signed by Judge Lewis J. Liman on 3/18/20) (yv)
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Filing
29
ORDER re: 28 Letter: The Court is in receipt of the status letter submitted by the parties. See Dkt. No. 28. A status conference is scheduled for March 18, 2020 at 3:00 p.m. in Courtroom 15C of the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York. Counsel for Plaintiff is ordered to notify all counsel of this Order. (Status Conference set for 3/18/2020 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/10/2020) (jwh)
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Filing
26
ORDER. This case has been randomly reassigned to me for all purposes. It is hereby: ORDERED that the parties shall submit a joint letter to the Court updating the Court on the status of the case no later than March 6, 2020. Pursuant to Paragraph 1(A) of the Courts Individual Practices in Civil Cases (available at https://www.nysd.uscourts.gov/hon-lewis-j-liman.), parties should file the letter on ECF and should not submit courtesy copies. The letter should describe the status of discovery in the case and the status of any settlement discussions. Unless otherwise notified by the Court, the deadlines set by the Court on January 13, 2020 for summary judgment briefing and oral argument remain in effect. Dkt. No. 22. (Signed by Judge Lewis J. Liman on 2/20/2020) (rjm)
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