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15-1154 - Nielsen v. Van Leuven et al


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15-1154 - Nielsen v. Van Leuven et al
April 26, 2016
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ORDER. For the reasons discussed in the attached ruling, the Court DENIES the 21 Motion to Dismiss and DENIES as moot the 33 Motion to Stay.Signed by Judge Michael P. Shea on 4/26/2016. (Hillier, D.)
August 8, 2017
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ORDER. As set forth in the attached, the 86 motion for summary judgment is GRANTED IN PART AND DENIED IN PART. In addition to the counterclaims as to which Mr. Nielsen did not seek summary judgment, i.e., assault and battery (counts 1, 4, and 7), false imprisonment (count 5), and defamation (counts 8 and 9), the following claims survive for trial: (i) all of Mr. Nielsen's claims, and (ii) Ms. Van Leuven's counterclaim for defamation as to the Greenwich Police (count 11). The following claims are dismissed: Ms. Van Leuven's counterclaims for intentional infliction of emotional distress (count 2), negligent infliction of emotional distress (count 3), conversion (count 6), defamation (counts 10 and 13), and civil theft (count 12). With respect to Ms. Van Leuven's breach of contract counterclaim (count 14), within fourteen (14) days of this order, Ms. Van Leuven shall show cause why summary judgment should not be granted to Mr. Nielsen on the ground that the contract is unenforceable due to illegality. Mr. Nielsen shall then have fourteen (14) days to file a response to Ms. Van Leuven's brief. No replies will be permitted. Further, the deadline for the parties' joint trial memorandum is hereby extended by fourteen (14) days.The joint trial memorandum is due on or before September 22, 2017. Finally, if the parties wish to mediate with a magistrate judge before trial, they shall jointly file a statement on or before August 22, 2017, certifying that (1) counsel have conferred with their clients and each other, (2) the parties wish to proceed to mediation, (3) the parties are willing to participate in settlement efforts in good faith, and (4) counsel believe that a mediation stands at least a reasonable chance of resolving the case without trial. Signed by Judge Michael P. Shea on 8/8/2017. (Howard, H.)
September 7, 2017
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ORDER. For the reasons set forth in the attached, Mr. Nielsen is entitled to summary judgment on Ms. Van Leuven's breach of contract counterclaim. The claims and counterclaims that remain for trial are: (i) all of Mr. Nielsen's claims, and (ii) Ms. Van Leuven's counterclaims for assault and battery (counts 1, 4, and 7), false imprisonment (count 5), and defamation (counts 8, 9, and 11). Signed by Judge Michael P. Shea on 9/7/2017. (Howard, H.)
January 19, 2018
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ORDER. The Court directs the Clerk to enter judgment in favor of Mr. Nielsen in the amount of $184,695.64, comprised of the non-duplicative amounts of $171,200.00 (the value of the ring) plus $4,513.91 (the value of the unauthorized Seamless charges) plus $8,981.73 (the value of the unauthorized airline ticket charges, less $100.00, after trebling), with interest to accrue at an annual rate of 10% under Conn. Gen. Stat. ยง 37-3a in the event the judgment is not paid in full within 30 days. For the reasons discussed in the attached, the 144 motion for a new trial is DENIED. Mr. Nielsen's 112 motion in limine to limit Jennifer Van Leuven's presentation of evidence and argument concerning assault and slander counterclaim damages and 121 motion to exclude documents, witnesses and other material not timely disclosed in the joint memorandum process are DENIED as moot. Mr. Nielsen's 127 motion to dismiss Ms. Van Leuven's counterclaims is DENIED, reflecting the Court's oral denial of the motion on October 12, 2017. Mr. Nielsen's 136 renewed motion for judgment as a matter of law is DENIED as moot. Mr. Nielsen's 114 motion to seal ECF No. 113 is GRANTED. Signed by Judge Michael P. Shea on 1/19/2018. (Taykhman, N.)