Mohegan Lake Motors, Inc. v. Maoli et al
| Mohegan Lake Motors, Inc. |
| Thomas Maoli and Celebrity Auto of Mohegan Lake, LLC |
| 7:2016cv06717 |
| August 25, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
178
OPINION & ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the sett lement not be consummated on or before March 9, 2023. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next 30 days with a request that the agreement be "so ordered" by the Court. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/7/2023) (va)
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Filing
177
OPINION & ORDER re: 165 MOTION in Limine . filed by Mohegan Lake Motors, Inc. For the foregoing reasons, Plaintiff's motion in limine is GRANTED, to the extent the Court construes it to be a motion made under Rule 60(a ) to clarify the Court's prior Opinion. Pursuant to Rule 60(a), the Court confirms that Defendants have no affirmative claims to be tried and thus Defendants' claim for contractual indemnification as against Plaintiff is deemed dismissed. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 165. (Signed by Judge Nelson Stephen Roman on 1/27/2023) (ate)
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Filing
174
ORDER SEALING A PORTION OF THE RECORD granting 173 Letter Motion to Seal. It is hereby, ORDERED that Celebrity's motion to seal ECF No. 110-13 is GRANTED, and it is ORDERED that, with the agreement of Plaintiff, Exhibit "M" to the Declaration of Jarod G. Taylor, filed at ECF No. 110-13, shall be placed under seal. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 173. (Signed by Judge Nelson Stephen Roman on 12/20/2022) (tro)
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Filing
122
OPINION AND ORDER re: 105 MOTION for Summary Judgment . filed by Thomas Maoli, Celebrity Auto of Mohegan Lake, LLC, 112 CROSS MOTION for Summary Judgment . filed by Mohegan Lake Motors, Barry Rost, Mohegan Lake Moto rs, Inc., William Rost. For the foregoing reasons, the Buyer's motion for summary judgment is DENIED as to Mohegan's alter ego liability, fraudulent inducement, and breach of contract claims. The Seller's cross-motion for summary jud gment is GRANTED as to the Buyer's breach of contract claim against the Seller and that claim is dismissed. The parties are directed to appear for a telephonic pre-trial conference on October 13, 2021 at 2:00 PM. To access the telephonic pre-tri al conference, please follow these instructions: (1) Dial the meeting number: (877) 336-1839; (2) enter the Access Code: 1231334#; (3) press pound (#) to enter the conference as a guest. The Clerk of the Court is directed to terminate the motions at ECF Nos. 105 and 112. SO ORDERED.( Telephone Conference set for 10/13/2021 at 02:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 9/10/2021) (kv)
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Filing
35
OPINION & ORDER re: 24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Thomas Maoli, Celebrity Auto of Mohegan Lake, LLC. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part, and DENIED in part. The Court thus grants Defendants' motion and dismisses the breach of the covenant of good faith and fair dealing claim. The Court also denies Defendants' motion on the remaining grounds, finding that Plaintiff has adequately ple d a theory of alter-ego liability against Maoli for breach of contract and fraud. Defendants shall file an answer by January 5, 2018. Counsel for all parties are further directed to appear for an initial case management and scheduling conference with the Court pursuant to Fed. R. Civ. P. 16 on January 26, 2018, at 11:30, at 11:30 AM in Courtroom 218 of the Charles L. Brieant, Jr. Courthouse, 300 Quarropas Street, White Plains, New York 10601. The parties shall confer in accordance with Fed. R. Civ. P. 26(f) at least 21 days prior to the conference and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six months of the conference date. The parties shall also complete a Civil Case Discovery Plan and Scheduling Order in advance of the conference. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 24. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/6/2017) (rj)
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