National Credit Union Administration Board v. Basconi et al
| National Credit Union Administration Board |
| Lynn A. Basconi, Robert J. Smolko, Charles M Ciuni and Ciuni & Panichi, Inc. |
| 5:2016cv00455 |
| February 26, 2016 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Portage |
| Sara Lioi |
| Other Contract |
| 28 U.S.C. ยง 1330 |
| None |
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Filing
249
Memorandum Opinion and Order: For the reasons set forth herein, plaintiff's motion for partial summary judgment as to defendants' statute of limitations defense (Doc. No. 196 ) is denied and the motion of defendants Ciuni & Panichi, Inc., Lynn A. Basconi, and Charles Ciuni for partial summary judgment on any claim based upon the 2006 and 2007 audits (Doc. No. 205 ) is granted--all claims relating to the 2006 and 2007 audits are time-barred, leaving only claims relating to the 2008 audit. The motion of plaintiff for partial judgment on the pleadings or, in the alternative, for partial summary judgment as to defendants' affirmative defenses (Doc. No. 197 ) is granted in part and denied in part--judgment on the pleadin gs is granted in favor of the National Credit Union Administration Board with respect to the defenses of contributory/comparative negligence, intervening and/or superseding acts, unclean hands, in pari delicto, set-off, failure to comply with federal statutes, and failure to comply with federal regulations. The motion of plaintiff for partial summary judgment concerning defendants' liability as to the 2007 Audit (Doc. No. 198 ) is denied because the 2007 audit is time-barred. The motion of defendant Robert J. Smolko for summary judgment on all claims against him (Doc. No. 206 ) is granted because Robert Smolko had no involvement with the three audits at issue. The only claims remaining for trial are the professional negligence claim, the gross negligence claim, and the breach of contract claim (subject to a four-year statute of limitations) against Ciuni & Panichi, Inc., Lynn A. Basconi, and Charles Ciuni relating to the 2008 audit. Robert J. Smolko is dismissed as a party. In l ight of all the rulings over the course of proceedings in this case, available affirmative defenses include failure to join necessary/indispensible parties (sixth defense), no legally cognizable duty between Ciuni & Panichi and the National Credit Un ion Administration Board (seventh defense), damages caused by persons or entities not controlled by Ciuni & Panichi (twelfth defense), assumption of the risk (thirteenth defense), lack of good faith (sixteenth defense), impracticability/ impossibility/frustration of purpose (seventeenth defense), and failure to mitigate (eighteenth defense). Judge Sara Lioi on 1/11/2019. (P,J)
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Filing
247
Memorandum Opinion and Order: For the reasons set forth herein, the motions to dismiss the third-party complaint are granted as follows: Counts III through VII of the third-party complaint are dismissed with prejudice as barred by both lack of standing and failure to exhaust administrative remedies; Counts I and II are dismissed without prejudice as not ripe. Related Documents: 214 , 215 , 216 , 217 , 218 . Judge Sara Lioi on 1/9/2019. (T,Je)
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Filing
109
Memorandum Opinion and Order: Plaintiff's motion to dismiss the counterclaims (Doc. No. 23 ) is granted and plaintiff's motion to strike certain affirmative defenses (Doc. No. 15 ) is denied. Judge Sara Lioi on 3/30/2017. (P,J)
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Filing
100
Order: Defendants are to produce to plaintiff all of the items/documents outlined in this order; defendants shall complete the production required by this order by 3/17/17, to afford plaintiff an opportunity to review the production prior to the close of the discovery period on 3/31/17 (Related documents 83 and 84 ). Signed by Magistrate Judge George J. Limbert on 2/27/17. (S,AA)
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