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16-2946 - Sunflower Condominium Association v. Auto-Owners Insurance Company


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16-2946 - Sunflower Condominium Association v. Auto-Owners Insurance Company
April 28, 2017
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 40 MOTION for Leave to File Second Amended Complaint filed by Sunflower Condominium Association, Sunflower Condominium Association, Inc. be GRANTED. In addition, IT IS ORDERED that a Status Conference is set for May 12, 2017 at11:00 a.m. in Courtroom C-204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 4/28/2017. (nywlc1)
December 11, 2017
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the court GRANT the 80 MOTION for Leave to File Amended Answer and Counterclaims filed by Owners Insurance Company. By Magistrate Judge Nina Y. Wang on 12/11/2017. (nywlc1, )
March 12, 2018
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s DENIED to the extent that it seeks to have Plaintiff's expert Jason Domecq's testimony excluded; Plaintiff's expert, Jason Domecq's testimony at trial will be limited in scope to the information presented in the Xactimate estimaORDER Granting in Part and Denying in Part Defendant's Motion to Strike. T he Court ORDERS the following: Defendant's Motion to Strike (ECF No. 67) is GRANTED in part and DENIED in part; Defendant's Motion to Strike (ECF No. 67) ite and the process of obtaining that estimate; Defendant's Motion to Strike (ECF No. 67) is GRANTED to the extent that it seeks to prevent both Craig Dixon and Edward Fronapfel from testifying regarding their joint expert opinions; Plaintiff is ORDERED to choose either Fronapfel or Dixon to testify at trial, but not both; Defendant's Motion to Strike is DENIED to the extent it seeks to exclude David Fords testimony for duplicativeness; and Plaintiff's Motion for Leave to File Sur-reply in Opposition to Defendant's Motion to Strike (ECF No. 76) is DENIED as moot. SO ORDERED by Judge William J. Martinez on 3/12/2018. (agarc, )
April 12, 2018
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ORDER Overruling Plaintiff's Rule 72(a) Objection. Plaintiff's Objection (ECF No. 120) is OVERRULED; Judge Wang's Recommendation (ECF No. 113) is ADOPTED in its entirety; Defendant's Motion for Leave to Amend (ECF No. 80) is GRANTED; The Court ACCEPTS Defendant's Amended Answer and Counterclaims (ECFNo. 80-1) as filed. ORDERED by Judge William J. Martinez on 4/12/2018. (angar, )
May 14, 2018
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ORDER on Cross Motions for Summary Judgment by Judge William J. Martinez on 05/14/2018. Plaintiff's construed Motion for Summary Judgment on Defendant's counterclaims 93 is DENIED in its entirety. Defendants Motion for Summary Judgment 94 is GRANTED in its entirety. Plaintiff's Objection to Defendant's Summary Judgment Evidence Related to Expert Witnesses 100 is STRICKEN for violating the Court's Practice Standards, without prejudice to Plaintiff filing a proper Rule 702 motion if it has a good faith basis for doing so, within ten weeks of the Final Trial Preparation Conference (see WJM Revised Practice Standard III.G.1.a). Given that the trial will proceed solely on Defendant's counterclaims, the length of the jury trial is REDUCED TO 5 DAYS and REMAINS SET to begin on Monday, October 15, 2018 at 8:30 a.m. Both proceedings will be held in Courtroom A801. (sphil, )
May 21, 2018
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Daubert ORDER regarding Plaintiff's Expert Jason Domecq. Defendant Owners Insurance Company's Motion to Exclude Testimony of Jason Domecq under Federal Rule of Evidence 702 (ECF No. 84) is DENIED as moot, by Judge William J. Martinez on 5/21/2018. (angar, )
October 5, 2018
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ORDER Denying Defendant's 182 Motion to Amend Final Pretrial Order. by Judge William J. Martinez on 10/5/2018. (angar, )
October 9, 2018
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ORDER on Parties' Motions in Limine. Plaintiff and Counterclaim Defendant Sunflower Condominium Association, Inc.'s Motion in Limine (ECF No. 159) is GRANTED IN PART and DENIED IN PART. Defendant and Counterclaimant Owners Insurance Company's Motion in Limine (ECF No. 160) is GRANTED IN PART and DENIED IN PART, by Judge William J. Martinez on 10/9/2018. (angar, )
October 10, 2018
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ORDER Denying Plaintiff's Construed as Motion to Amend Final Pretrial Order. Plaintiff's Motion to Amend the Final Pretrial Order (ECF No. 198) is DENIED, by Judge William J. Martinez on 10/10/2018. (angar, )
October 24, 2018
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>, Owners shall submit a proposed form of judgment as an attachment to a brief addressing whether Owners has an obligation, in this circumstance, to refund Sunflower's policy premium (or, in other words, whether the Court should order a $50,000 setoff to the judgment). Sunflower may file a response to this submission on or before November 2, 2018. No reply will be accepted. SO ORDERED by Judge William J. Martinez on 10/24/2018. (wjmlc1)ORDER: 1. The Court DENIES Sunflower's oral Rule 50(a) motion, as supplemented by ECF No. 218, for the reasons stated on the record in open court and for the reasons stated in the attached order; and 2. On or before October 29, 2018