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09-3855 - The Sands Harbor Marina Corp. et al v. USI Insurance Service National, Inc.


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09-3855 - The Sands Harbor Marina Corp. et al v. USI Insurance Service National, Inc.
September 18, 2013
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MEMORANDUM & ORDER denying 94 Motion for Default Judgment; granting 109 Motion to Amend/Correct/Supplement; granting in part 114 Motion for Reconsideration; granting in part 117 Motion for Reconsideration. For the foregoing reasons, the T&N Defendants' motion to amend/correct/supplement is GRANTED, and Section VI the February Order is deemed AMENDED to reflect that the T&N Defendants' also moved to dismiss Plaintiffs' state law claims. The T&N Defendants' and Plaintiffs' motion for reconsideration are GRANTED IN PART and the Court DEFERS RULING IN PART. Furthermore, the Court's referral Order is VACATED, and Plaintiffs' motion for default is DENIED with leave to renew. If Plaintiffs wish to renew their motion for default, they must do so within forty-five (45) days of the date of this Memorandum and Order. Thereafter, the motion will be referred for a report and recommendation regarding liability only as against the EVMC Defendants. If Plaintiffs do not renew their motion for default, any party may file a brief letter motion seeking reconsideration of the state law claims and referring the Court to the prior submissions in this regard. So Ordered by Judge Joanna Seybert on 9/18/2013. C/ECF (Valle, Christine)
August 29, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Judge Walls 144 R&R is ADOPTED in its entirety and Plaintiffs 135 motion for default judgment against the EVMC Defendants is DENIED. Plaintiffs are free to re-file a motion for default as to the state law claims against the EVMC Defendants if appropriate.Plaintiffs 148 and the T&N Defendants [140 and 146] renewed motions for reconsideration are GRANTED. The T&N Defendants motion to dismiss Plaintiffs unjust enrichment and negligent misrepresentation claims against them and the fraud claims against Tisdale and T&N is DENIED. It is GRANTED insofar as Plaintiffs allege a fraud claim against Nicholson only, and this claim is DISMISSED WITH PREJUDICE. In addition, Plaintiffs' negligence and breach of fiduciary duty claims against Reis are DISMISSED WITH PREJUDICE. Ordered by Judge Joanna Seybert on 8/29/2014. c/m by ecf and to Larry Esacove, individually and on behalf of EVMC Real Estate Consultants, Inc., and the Estate of Aida Esacove by first class mail. (Mahon, Cinthia)
January 13, 2016
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MEMORANDUM & ORDER granting in part and denying in part 157 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 157 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 177 Motion to Dismiss; granting 182 Motion for Leave to File; granting in part and denying in part 189 Motion for Judgment on the Pleadings; granting in part and denying in part 196 Motion for Judgment on the Pleadings. For the foregoing reasons, Defendants' motions are GRANTED IN PART and DENIED IN PART. Specifically, Reis's motion to dismiss (Docket Entry 157) and the T&N Defendants' motion for judgment on the pleadings (Docket Entry 196) are DENIED. Reis's motion to dismiss Wells Fargo's cross-claim for indemnification and contribution is GRANTED, however, Wells Fargo's motion to amend (Docket Entry 182) is also GRANTED. Wells Fargo may file and serve amended cross-claims within thirty (30) days of the date of this Memorandum & Order. Wells Fargo's motion for judgment on the pleadings (Docket Entry 189) is GRANTED IN PART and DENIED IN PART. Specifically, Wells Fargo's motion is GRANTED to the limited extent that Plaintiffs common law negligence claims against Wells Fargo are DISMISSED WITH PREJUDICE, but otherwise DENIED. So Ordered by Judge Joanna Seybert on 1/13/2016. C/ECF (Valle, Christine)
March 31, 2018
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n reasonable costs incurred as a result of DLG's compliance with the subpoenas. So Ordered by Magistrate Judge Anne Y. Shields on 3/31/2018. (Demosthenous, Dina) Modified filed date on 4/6/2018 (Florio, Lisa).ORDER granting in part and denying in part 290 Motion for Attorney Fees. For the reasons set forth in the attached Order, DLG is awarded $4732.33 for the 2010 invoice, and $5,805 for the 2016-2017 period, for a total of $10,537.33 i
April 10, 2018
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ORDER re 297. Please see attached Order for the deposition of Greg W. Eagle. So Ordered by Magistrate Judge Anne Y. Shields on 4/10/2018. (Demosthenous, Dina)