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15-634 - Kusulas v. Government Employees Insurance Company et al


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15-634 - Kusulas v. Government Employees Insurance Company et al
August 5, 2015
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MEMORANDUM & ORDER: Kusulas's 15 Motion to Remand the Bad Faith Action (Dkt. 15 in 15-CV-634) is DENIED, and Kusulas's 12 Motion to Stay or Dismiss the Declaratory Judgment and Breach of Contract Action (Dkt. 93 in 12-CV-5633) is DENIED. The Clerk of Court is respectfully directed to terminate Alan Siegelwax, Paul Feinman, and Helen Indjeyiannis from Case Number 15-CV-634 (NGG) (MDG). Finally, as the Bad Faith Action and Declaratory Judgment and Breach of Contract Action involve common questions of law and fact (indeed, Kusulas previously asserted the bad faith claim as a counterclaim against GEICO in the first-filed action), the two actions are hereby consolidated for all further pre-trial proceedings, and if necessary, for trial. See Fed. R. Civ. P. 42(a). So Ordered by Judge Nicholas G. Garaufis on 8/4/2015. Associated Cases: 1:12-cv-05633-NGG-MDG, 1:15-cv-00634-NGG-MDG (Lee, Tiffeny)
March 28, 2017
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ORDER denying (112) Motion to Compel in case 1:12-cv-05633-NGG-CLP. Ordered by Magistrate Judge Marilyn D. Go on 3/28/2017. Associated Cases: 1:12-cv-05633-NGG-CLP, 1:15-cv-00634-NGG-CLP (Go, Marilyn)
March 31, 2017
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MEMORANDUM & ORDER, For the foregoing reasons, Kusulas's Motion for Partial Summary Judgment (Dkt. 117, No. 12-CV-5633; Dkt. 28, No. 15-CV-634) is DENIED. GEICO's Motion for Summary Judgment (Dkt. 115, No. 12-CV-5633; Dkt. 26, No. 15-CV-634) as to its request for declaratory judgment and Kusulas's cross-claims is GRANTED as to GEICO's obligation to pay prejudgment interest; and is DENIED as to GEICO's satisfaction of its duty of good faith. The parties are directed to contact the chambers of Magistrate Judge Pollak to schedule the filing of a Joint Pretrial Order in accordance with this court's Individual Rules, to be electronically filed no later than June 1, 2016. The parties are further directed to confer and to contact the court's Deputy at 718-613-2545 to set a trial date. So Ordered by Judge Nicholas G. Garaufis on 3/30/2017. Associated Cases: 1:12-cv-05633-NGG-CLP, 1:15-cv-00634-NGG-CLP (Lee, Tiffeny)