Holness et al v. LG Chem Ltd et al
| Michael Holness |
| LG Chem Ltd and RRV Enterprises LLC |
| LG Chem Ltd |
| LG Chem Ltd |
| 7:2017cv07726 |
| October 9, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
216
ORDER granting 215 Letter Motion to Adjourn Conference. Pltfs' request to adjourn the telephonic Pretrial Conf. from Dec. 8, 2021 until Dec. 16, 2021 at 10:45 am is GRANTED. Clerk of Court is requested to terminate the motion (doc. 215). SO ORDERED. Telephone Conference set for 12/16/2021 at 10:45 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 12/6/2021) (mml)
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Filing
210
OPINION & ORDER re: 207 MOTION to Add . MOTION for Sanctions . filed by Gigglesworld Corporation, 200 MOTION for Sanctions . filed by Janee Holness, Michael Holness, 204 MOTION for Sanctions . f iled by Gigglesworld Corporation, 165 LETTER MOTION to Seal addressed to Judge Nelson Stephen Roman from Alexander J. Drago dated 10/2/20. filed by Janee Holness, Michael Holness, 202 MOTION for Summary Judgment . file d by EC Supply, Inc., 206 MOTION for Sanctions . filed by Gigglesworld Corporation, 205 MOTION for Sanctions . filed by Gigglesworld Corporation. For the foregoing reasons, Defendant EC Supply's motion for summar y judgment is GRANTED and Plaintiffs' motion for Rule 37 sanctions against Third-Party Defendant Gigglesworld is DENIED. EC Supply is terminated as a named Defendant only. The remaining claims in this action include Plaintiffs' claims ag ainst RRV Enterprises, LG Chem's cross-claims against RRV Enterprises and Gigglesworld, EC Supply's cross-claims against RRV Enterprises and Gigglesworld, and Gigglesworld's cross-claim against EC Supply. The parties are directed to appear for a telephonic pre-trial conference on December 8, 2021 at 12:00 PM. To access the telephonic pre-trial 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 respectfully directed to terminate the motions at ECF Nos. 165; 200; 202; 204; 205; 206; and 207. ( Telephone Conference set for 12/8/2021 at 12:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 11/8/2021) (ate)
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Filing
194
MEMO ENDORSED ORDER denying without prejudice to renewal by formal motion 182 Motion for Summary Judgment; granting 183 Motion to Strike document from the record.; denying 187 Letter Motion for Conference. ENDORSEMENT: On November 5, 2020, Defendant EC Supply, Inc. filed a motion for summary judgment. (ECF No. 182.) Later that day, Plaintiffs Janee Holness and Michael Holness filed a motion to strike the motion for summary judgment on the grounds that Defendant EC Supply, Inc. failed to follow this Court's pre-motion conference requirement. (ECF No. 183.) Plaintiffs further requested permission to file a motion against Third-Party Defendant Gigglesworld to strike its answer and for sanctions for various misrepresentation s allegedly made throughout the discovery process. (Id.) Also on November 5, 2020, Defendant EC Supply, Inc. submitting a letter indicating that it had no objection to Plaintiffs' motion to strike and requesting a pre-motion conference. (ECF No. 184.)On November 10, 2020, Plaintiffs replied to EC Supply, Inc.'s letter reiterating that the motion should be stricken, indicating that they have viable opposition to Defendant EC Supply's motion, and requesting permission to file a Rule 11 motion and a Rule 37 motion against Third-Party Defendant Gigglesworld. (ECF No. 186.) Between November 11, 2020 and November 16, 2020 Third-Party Defendant Gigglesworld and Plaintiffs submitted correspondence to the Court regarding Giggl esworld's status in this litigation. Gigglesworld was brought into this litigation on July 16, 2018, when defendant LG Chem Ltd. filed a third-party complaint against Giggleworld. (ECF No. 49.) On July 7, 2019, defendant LG Chem Ltd. filed an amended third-party complaint adding EC Supply, Inc. as a third-party defendant. (ECF No. 77.) On August 27, 2019, Plaintiffs filed an Amended Complaint which named EC Supply, Inc. as a direct defendant. (ECF No. 85.) On September 4, 2019, EC Sup ply, Inc. filed an answer to the Amended Complaint, asserting a crossclaim against all defendants and third-party defendants, including Gigglesworld. (ECF No. 91.) On October 29, 2020, LG Chem settled this matter and its claims were dismissed. Alth ough the stipulation of dismissal does not indicate that EC Supply, Inc.'s claims against Gigglesworld were dismissed, Gigglesworld maintains that it is no longer a Third-Party Defendant. (ECF No. 191.) Gigglesworld argues that Gigglesworld w as only a party to the Third-Party action, which has now been dismissed and therefore can no longer be considered a Third-Party Defendant. Plaintiffs argue that EC Supply, Inc.'s crossclaim against Gigglesworld survives because it was not incl uded in the stipulation of dismissal. Further, EC Supply was named as a direct defendant in the Amended Complaint and asserted a crossclaim against Gigglesworld in response. The Court agrees that the recent partial dismissal does not impact EC Sup ply, Inc.'s crossclaim against Gigglesworld. Upon review of the parties' correspondence, the Court waives the pre-motion conference requirement and grants Plaintiffs' and Defendant EC Supply, Inc.'s requests to file their resp ective motions with the following briefing schedule: moving papers shall be served (not filed) on December 21, 2020; opposition papers shall be served (not filed) on January 25, 2021; reply papers shall be served on February 8, 2021. All motion doc uments shall be filed on the reply date, 11/18/2020 February 8, 2021. The parties shall provide two copies of their respective motion documents as they are served. As long as the Court's Emergency Rules remain in effect, parties shall additio nally provide copies via email. Accordingly, Plaintiffs' motion to strike Defendant EC Supply, Inc.'s motion for summary judgment is GRANTED; Defendant EC Supply, Inc.'s motion for summary judgment is DENIED, without prejudice, pendi ng re-filing; and Third-Party Defendant Gigglesworld's motion for a conference is DENIED. The Clerk of the Court is kindly directed to terminate the motions at ECF No. 182, 183, and 187. So Ordered. (Signed by Judge Nelson Stephen Roman on 11/18/20) (yv)
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Filing
181
MEMO ENDORSEMENT on re: 179 Letter LG Chem's Motion for Summary Judgment. filed by LG Chem Ltd. ENDORSEMENT: Deft. LG Chem's motion for summary judgment is deemed withdrawn as moot. Clerk of Court requested to terminate the motion (doc. 166). So Ordered. (Signed by Judge Nelson Stephen Roman on 10/29/20) (yv)
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Filing
136
ORDER. Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839, Access Code: 5999739. The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. So Ordered. (Signed by Magistrate Judge Paul E. Davison on 3/27/20) (yv)
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Filing
133
ORDER granting 132 Letter Motion to Adjourn Conference. Pre-Motion Conf. scheduled for March 13, 2020 adjourned until June 19, 2020 at 11:00 am. Clerk of the Court requested to terminate the motion(doc. 132). SO ORDERED. Pre-Motion Conference set for 6/19/2020 at 11:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 3/10/2020) (jca)
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