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15-5235 - Toussie et al v. Allstate Insurance Company


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15-5235 - Toussie et al v. Allstate Insurance Company
November 3, 2016
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ORDER granting 58 Motion to Dismiss. Plaintiffs second and third claims for relief are dismissed with prejudice. Ordered by Judge Allyne R. Ross on 11/3/2016. (Matsumura, Rebecca)
October 20, 2017
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MEMORANDUM AND ORDER denying 108. Plaintiffs motion to quash the subpoena or for a protective order is denied. Allstate is directed to submit its subpoena directed to Christies (and Locksons, should Allstate choose to issue a subpoena) for the Court to so order. Plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, or any other person acting on their behalf, are enjoined from removing any boxes or property from the storage units rented located at Christies Fine Art Storage Services, 100 Imlay Street, Brooklyn, NY 11231 absent permission from this Court. This prohibition shall remain in place until the earlier of November 6, 2017 or the inspection of the premises by the defendant. See Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/20/2017. (Blase, Brendan)
October 27, 2017
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ORDER denying (176) in case 1:14-cv-02705-FB-CLP; denying (115) in case 1:15-cv-05235-ARR-PK. The Court denies plaintiffs' motions. The October 30, 2017 inspection shall proceed as previously ordered. Although sanctions have not been requested at this time, the Court expects that going forward, plaintiffs and their counsel will adhere to the Federal Rules and this Court's prior Orders and will not continue to re-litigate the same issues previously decided by the Court. See Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/27/2017. (Blase, Brendan) Modified on 10/27/2017 (Blase, Brendan).
November 6, 2017
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ORDER. The Court-ordered subpoena dated 10/23/2017 continues in effect. Christies Fine Art and Storage Services is ORDERED to make the storage space at 100 Imlay Street, Brooklyn, NY 11231, available and to permit the inspection, from day to day as scheduled by the parties, until the inspection has been completed or until further order of this Court. Furthermore, the plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, or any other person acting on their behalf, are ENJOINED from removing any boxes or property from the aforementioned storage units absent permission from this Court. This prohibition shall remain in place until the earlier of January 15, 2018 or the completion of the inspection of the premises by the defendant. The parties shall file a joint status report by 12/04/2017.Ordered by Magistrate Judge Cheryl L. Pollak on 11/6/2017. (Blase, Brendan)
December 28, 2017
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ORDER. Upon further review, the Court concludes that plaintiffs' withdrawing counsel has demonstrated good cause to seal portions of the motions to withdraw. It is therefore ORDERED that plaintiffs shall file their motions to withdraw under seal and shall file on the public docket versions of their motions that redact the preantepenultimate and antepenultimate paragraphs. Due to technical difficulties with the EDNY's internal CM/ECF system, the Court was delayed in uploading this Order and notifying the parties of its contents, and the Court therefore DIRECTS the Clerk of the Court to restrict access to the following entries: ECF No. (185) in case number 14-cv-2705 and ECF No. (133) in case number 15-cv-5235.So Ordered by Magistrate Judge Cheryl L. Pollak on 12/28/2017. (Blase, Brendan)
January 12, 2018
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PRESERVATION ORDER, granting in part 146, re: 110-119. For the reasons set forth in the attached Order, the Court concludes it is appropriate that its 110-119 earlier Preservation Orders continue in effect. The Court therefore ORDERS that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, or any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Services, 100 Imlay Street, Brooklyn, NY 11231, absent permission from this Court. This prohibition shall remain in place until the earlier of March 15, 2018 or the conclusion of the inspection of the premises. Counsel for Allstate Insurance Company is directed to serve a copy of this Order on Christie's Fine Art Storage Services. The Court will address the remaining issues raised in 146 defendant's letter in a future order. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/12/2018. (Blase, Brendan)
February 20, 2018
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ORDER re 153-131. Except for the inspection of CFASS, all proceedings in this matter are STAYED until 3/9/2018. During that time, plaintiffs and their new counsel shall endeavor in good faith to resolve theretaining lien. The inspection at CFASS shall continue. The Court reaffirms its earlier rulings: Allstate is entitled to inspect, open, and photograph the exterior, interior, and contents of any of the boxes at CFASS. The parties shall endeavor to conclude the inspection by 3/16/2018. The Court ORDERS that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, and any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Services, 100 Imlay Street, Brooklyn, NY 11231, absent permission from this Court. This prohibition shall remain in place until the earlier of May 1, 2018 or upon further Order of this Court upon the conclusion of the inspection of the premises. Counsel for Allstate Insurance Company is directed to serve a copy of this Order on Christie's Fine Art Storage Services. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/20/2018. (Blase, Brendan)
May 2, 2018
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ORDER re 154-179. Given the pending disputes, the earlier preservation Orders are extending pending further Order of this Court. It is therefore ORDERED that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employees, and any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Service, 100 Imlay Street, Brooklyn, NY 11231, absent further Order of this Court. Counsel for Allstate shall serve this Order as directed. See attached Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/2/2018. (Blase, Brendan)