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13-6362 - Bethpage Water District v. Northrop Grumman Corporation et al


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13-6362 - Bethpage Water District v. Northrop Grumman Corporation et al
December 3, 2014
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ORDER re 53 Motion to Stay Discovery Pending a Decision on Defendants' Motion to Dismiss the Amended Complaint. SO ORDERED that defts' Motion for a Stay of Discovery is granted in part, and defts' Motion to Dismiss is converted to a motion for summary judgment. It is hereby ordered that all expert discovery is stayed pending resolution of the motion for summary judgment, and all fact discovery is stayed pending resolution of the motion for summary judgment, with the exception of fact discovery related to the statute of limitations, including the issue of when plaintiff discovered, or should have discovered, the purported injury and/or the cause of the purported injury underlying its claims. Limited discovery on that issue is to be completed on or before February 6, 2015. Following completion of this limited discovery, the parties may supplement their motion papers with all material pertinent to the statute of limitations issue. See Sahu v. Union Carbide Corp., 548 F.3d 59,67 (2d Cir. 2008) ("When a district court converts a motion to dismiss into one for summary judgment, '[a]ll parties must be given a reasonable opportunity to present all material that is pertinent to the motion."' (citing Fed. R. Civ. P. 12(d)). Defts shall file any supplemental briefing to their motion for summary judgment, along with their Rule 56.1 statement, by March 6, 2015. Plaintiff shall file any supplemental opposition on the summary judgment motion, and its Rule 56.1 statement, by March 20,2015. Defts shall submit their reply by March 27, 2015. Ordered by Judge Sandra J. Feuerstein on 12/3/2014. (Florio, Lisa)
February 27, 2015
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ORDER: SO ORDERED that Plaintiffs 66 Motion to Amend is granted. Plaintiff is directed to serve and file the SAC on or before March 20, 2015. Defts pending 43 motion for summary judgment is denied without prejudice to renewal after Plaintiff has filed the SAC. Ordered by Judge Sandra J. Feuerstein on 2/27/2015. (Florio, Lisa)
March 31, 2016
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ORDER: SO ORDERED that upon de novo review of the Report, and upon careful consideration of the parties Objections and Responses, Plaintiffs Objections are overruled, and the Report is accepted in its entirety as an Order of the Court. Defts Motion for Partial Summary Judgment is granted. Ordered by Judge Sandra J. Feuerstein on 3/31/2016. (Florio, Lisa)
June 29, 2016
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ORDER granting 107 Motion for Entry of Judgment under Rule 54(b). SO ORDERED that the motion is granted to the extent that the defts shall submit a proposed judgment consistent with this Order. The proposed judgment shall be electronically filed by July 8, 2016 and should be filed as an attachment to a letter indicating whether plaintiff has consented to the proposed judgment submitted. Ordered by Judge Sandra J. Feuerstein on 6/29/2016. (Florio, Lisa)