MacCartney, Jr. v. O'Dell et al
| Harold Y. MacCartney, Jr. |
| Kevin D. O'Dell, Christopher J. Walsh and Kevin D. O'Dell, P.C. |
| Kevin D. O'Dell, P.C. |
| Harold Y. MacCartney, Jr. |
| 7:2014cv03925 |
| June 2, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Nelson Stephen Roman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
213
STIPULATION AND CONSENT ORDER OF DISMISSAL NOT ON THE MERITS AND WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiff and the Defendants pursuant to FRCP 41(a)(1)(ii) that all of the re maining claims in the above entitled action are DISMISSED WITHOUT PREJUDICE AND NOT ON THE MERITS, with each party bearing that party's own attorney's fees and costs. ORDER OF DISMISSAL: Pursuant to Federal Rule of Civil Procedure § 41 (a), all of the remaining claims in the above entitled action are DISMISSED WITHOUT PREJUDICE AND NOT ON THE MERITS, with each party bearing that party's own attorney's fees and costs. The Clerk is directed to close the file. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/7/2021) (rj)
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Filing
161
OPINION & ORDER. The Court after reviewing the factual record in this case, including the parties' pleadings and accompanying exhibits, as well as MJ Davison's July Decision and the applicable legal authorities, concludes that the findin gs and reasoning provided are not clearly erroneous or contrary to law. Accordingly, the Court DENIES the Defendants' request to set aside the July Decision. Accordingly, the Order is affirmed and Defendants' objections (ECF No. 101) are denied. So Ordered. (Signed by Judge Nelson Stephen Roman on 10/16/18) (yv)
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Filing
117
OPINION & ORDER: The Court has reviewed the factual record in this case, including the parties' pleadings and accompanying exhibits, as well as Magistrate Judge Davison's July Order and the applicable legal authorities, and concludes that t he findings and reasoning provided are not clearly erroneous or contrary to law. Accordingly, the Court DENIES the Defendants' request to modify or set aside the Order. Accordingly, the Order is affirmed and Defendants' objections (ECF No. 101) are denied. (Signed by Judge Nelson Stephen Roman on 2/27/2017) (mml)
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Filing
57
OPINION AND ORDER re: 51 FIRST MOTION to Dismiss Amended Complaint filed by Kevin D. O'Dell, P.C. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's claims are resolved as follows: Breach of fiduciary duty claim is DISMISSED as against O'Dell and the O'Dell Law Office; Breach of contract claim is DISMISSED as against Kerrigan, O'Dell, and the O'Dell Law Office; Accounting claim is DIS MISSED as against O'Dell and the O'Dell Law Office; Breach of New York Partnership Law claim is DISMISSED as against O'Dell and the O'Dell Law Office; and Aiding and abetting breach of fiduciary duty claim is DISMISSED as agains t the O'Dell Law Office. The Court DENIES Defendants' motion to dismiss Plaintiff's unjust enrichment claim. Consequently, the remaining claims against Kerrigan are for breach of fiduciary duty, accounting, breach of New York Partnersh ip Law, and unjust enrichment. The remaining claim against O'Dell and the O'Dell Law Office is for unjust enrichment. Defendants are directed to file answers to their respective remaining claim(s) within 30 days hereof. Defendant Walsh, hav ing not moved to dismiss any claims in the Amended Complaint, is directed to file an answer to the Amended Complaint within 30 days hereof. The parties are directed to contact the chambers of Magistrate Judge Paul E. Davison to schedule a conference. Parties shall bring an amended case management plan to that conference. The Court respectfully directs the Clerk to terminate the motion at ECF No. 51. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/29/2016) (mml)
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