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12-5010 - Avis Budget Car Rental, LLC v. JD2 Environmental, Inc. et al


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12-5010 - Avis Budget Car Rental, LLC v. JD2 Environmental, Inc. et al
March 28, 2016
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by Judge Pamela K. Chen on 3/28/2016. (Merin, Eric)MEMORANDUM & ORDER: For the reasons stated in the attached Memorandum & Order, Avis's 98 Motion for Summary Judgment is denied; JD2's 109 Motion for Summary Judgment is granted in part and denied in part; and the Port Authority's 105 Motion to Dismiss is granted. Under Federal Rule of Civil Procedure 14, Gemstar and JD2 can re-serve their summons and Third-Party Complaint against the Port Authority more than sixty (60) days after service of a proper notice of claim. Ordered
June 13, 2016
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ORDER denying 120 Motion for Reconsideration: Plaintiff's motion for partial reconsideration pursuant to Local Rule 6.3 and Rule 59(e) is denied in its entirety, but the Court sua sponte issues an amended order pursuant to Rule 60(a). Ordered by Judge Pamela K. Chen on 6/13/2016. (Merin, Eric)
June 13, 2016
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AMENDED MEMORANDUM AND OPINION: The 119 Memorandum and Order is amended to reflect Richard Hart's employment with JD2 as explained in the Court's 125 Order denying Plaintiff's motion for partial reconsideration. Ordered by Judge Pamela K. Chen on 6/13/2016. (Merin, Eric)
August 11, 2017
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ORDER: For the reasons stated in the attached memorandum and order, the Court grants in part and denies in part Defendant/Third-Party Plaintiff Gemstar's 169 Motion in Limine and Defendant/Third-Party Plaintiff JD2's 174 Motion in Limine. The attached memorandum and order also sets forth limitations on the presentation of evidence at trial regarding the rulings made in the attached order and the issue of vicarious liability more generally. Counsel are reminded to heed those limitations. Ordered by Judge Pamela K. Chen on 8/11/2017. (Chivers, Jeffrey) VACATED pursuant to 213 Order of Judge Pamela K. Chen. This entry has been modified on 8/22/2017 to indicate order 197 has been vacated. (Abdallah, Fida)
August 22, 2017
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ORDER: For the reasons stated in the attached order, the Court grants the Port Authority's 202 Motion for Reconsideration and vacates the Court's 197 August 11, 2017 Order to the extent that order held as a matter of law that the Port Authority was the operator of the sewer line in question within the meaning of New York General Business Law ยง 763. The Court instructs the parties to submit proposed jury instructions on the operator issue no later than 12:00 noon tomorrow, August 23, 2017. Counsel should also be prepared to discuss those proposed instructions along with other pending issues related to the jury instructions during the upcoming charge conference. Ordered by Judge Pamela K. Chen on 8/22/2017. (Chivers, Jeffrey)
August 23, 2017
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ORDER: On August 16, 2017, the Court distributed to the parties a set of draft jury instructions (Dkt. 205) and invited the parties to submit objections and comments to the instructions, as well as to brief specific issues identified by the Court in the draft instructions. The attached order addresses the objections and legal arguments raised by the parties' submissions (Dkts. 206, 207, 208, 209, 210). The order also raises certain issues that counsel should be prepared to discuss during the final charge conference. Ordered by Judge Pamela K. Chen on 8/22/2017. (Chivers, Jeffrey)
March 6, 2018
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ORDER: For the reasons stated herein, the Court resolves the parties' various post-trial motions as follows: (1) Avis's motion to amend the judgment (Dkt. 225) is GRANTED and the Clerk of Court is directed to enter the Amended Judgment attached to this Order; (2) Avis's motion for attorneys fees and costs (Dkt. 229) is GRANTED in part and DENIED in part, and JD2 is ordered to reimburse Avis for $826,915.47 in attorneys fees and $67,445.20 in litigation costs; (3) JD2's motion for judgment as a matter of law against Gemstar for contractual indemnity (Dkt. 239) is DENIED; (5) JD2's and Gemstar's motions for judgment notwithstanding the verdict as to the Port Authority's vicarious liability for Geotrack's negligence (Dkt. 240, 244) are DENIED. Ordered by Judge Pamela K. Chen on 3/6/2018. (Hess, Alexandra)