Weyant v. The Phia Group LLC et al
| Jessica Weyant |
| The Phia Group LLC and INDECS Corporation |
| 7:2017cv08230 |
| October 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G. Schofield |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
147
ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court 9;s calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences and deadlines are CANCELLED. (Signed by Judge Lorna G. Schofield on 3/2/2022) (ks)
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Filing
130
OPINION & ORDER re: 126 MOTION for Leave to File Third Amended Complaint filed by Jessica Weyant. For the foregoing reasons, the motion for leave to amend is GRANTED IN PART and DENIED IN PART. By January 7, 2022, Plaintiff may file a Third Amended Complaint that makes no substantive changes except as necessary to add a cause of action against Defendant Phia for unjust enrichment. By January 11, 2022, the parties shall file a joint status letter with proposed next steps. The Clerk of Court is respectfully directed to close the motion at Docket No. 126. ( Amended Pleadings due by 1/7/2022.) (Signed by Judge Lorna G. Schofield on 12/20/2021) (vfr)
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Filing
125
ORDER: WHEREAS, a conference was held on August 26, 2021. WHEREAS, for the reasons stated at the conference, it is hereby ORDERED that by September 14, 2021, Plaintiff shall file her motion to amend the Second Amended Complaint addressing (i) cause s of action Plaintiff asserts based on facts in the record and (ii) the applicability of New York General Obligations Law ("GOL") § 5-335 to Defendants under an agency or other theory. Plaintiff's motion shall be accompanied by a draft Third Amended Complaint marked to show changes to the Second Amended Complaint. Defendants shall file their opposition by October 12, 2021. Plaintiff shall file her reply by October 26, 2021. All submissions shall be per the Individual Rules. ( Motions due by 9/14/2021., Responses due by 10/12/2021, Replies due by 10/26/2021.) (Signed by Judge Lorna G. Schofield on 8/26/2021) (cf)
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Filing
124
ORDER: WHEREAS, a conference in this matter is scheduled for August 26, 2021, at 10:40 a.m. It is hereby ORDERED that the conference is adjourned to August 26, 2021, at 11:10 a.m., on the following conference call line: 888-363-4749, access code 558-3333. ( Telephone Conference set for 8/26/2021 at 11:10 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/24/2021) (cf)
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Filing
122
OPINION AND ORDER: For the reasons stated above, the parties' cross-motions for summary judgment are DENIED. By August 23, 2021, the parties shall file a joint status letter with proposed next steps, and on August 26, 2021, at 10:40 a.m., a co nference will be held. The conference will be telephonic and will occur on the following conference line: 888-363-4749, 5583333. (As further set forth in this Order.) ( Telephone Conference set for 8/26/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/17/2021) (cf)
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Filing
121
ORDER: ORDERED that the parties are notified that, after considering the parties' letters and in the interests of efficiency, the Court will proceed by considering the remaining arguments in the parties' cross-motions for summary judgment. (Signed by Judge Lorna G. Schofield on 9/28/2020) (jwh)
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Filing
118
ORDER: It is hereby ORDERED that by September 25, 2020, the parties shall file a joint letter proposing next steps. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/18/2020) (cf)
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Filing
112
OPINION AND ORDER re: 90 MOTION for Summary Judgment filed by INDECS Corporation, The Phia Group LLC, 99 MOTION for Summary Judgment filed by Jessica Weyant. After Defendants' motion to dismiss and motion for summary judgment, Plaintiff's remaining claim is for conversion. The parties cross-move for summary judgment on the conversion claim, and Defendants put forward a number of affirmative defenses. For the foregoing reasons, Plaintiff's motio n for summary judgment is DENIED and Defendants' motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 90 and 99. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/26/2019) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing
35
OPINION AND ORDER: re: 25 MOTION to Dismiss . filed by INDECS Corporation, The Phia Group LLC, 32 LETTER MOTION for Conference re Anticipated Motion to Strike Declarations addressed to Judge Lorna G. Schofield fro m Charles Kannebecker dated April 2, 2018. filed by Jessica Weyant, 26 MOTION for Partial Summary Judgment . filed by Jessica. Weyant.For the foregoing reasons, Defendants' motion to dismiss as to Counts I (as to violations of GOL § 5-335), II, IV and VI is GRANTED, and Defendants' motion for summary judgment on Counts I (as to violations of the Plan) and III is GRANTED. Defendants motion to dismiss the conversion claim in Count VII is DENIED. Plaintiff's motion for summary judgment is DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 25, 26 and 32. So Ordered (Signed by Judge Lorna G. Schofield on 9/13/2018) (js)
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