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14-3392 - Ayala v. Fidelity National Insurance Company


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14-3392 - Ayala v. Fidelity National Insurance Company
November 7, 2014
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ORDER: denying (57) Motion for Discovery in case 2:14-cv-00461-JFB-SIL, but granting other relief in all Sandy cases. Based on the reasons set forth in the attached Order, it is hereby ORDERED that: 1. In the Raimey case, pursuant to Rule 37, defendant Wright is prohibited from supporting its defenses or opposing plaintiffs' claims with any expert testimony other than that of George Hernemar, and they may not produce, rely upon or create any expert reports other than those already produced. 2. By December 12, 2014, plaintiffs' counsel in Raimey may make application to the Court for reimbursement from defendant's counsel for all reasonable costs associated with this motion, the hearing and all related briefing, including attorneys' fees, travel costs and transcription costs, consistent with the rulings set forth herein; and 3. By December 12, 2014, defendants in all Hurricane Sandy cases shall provide plaintiffs with copies of all reports described in CMO 1 not previously produced - plus any drafts, redlines, markups, reports, notes, measurements, photographs and written communications related thereto - prepared, collected or taken by any engineer, adjustor or other agent or contractor affiliated with any defendant, relating to the properties and damage at issue in each and every case, whether such documents are in the possession of defendant or any third party. Ordered by Magistrate Judge Gary R. Brown on 11/7/2014. (This is a duplicate of D.E. 637 which is being spread to all Sandy cases per Judge Brown's instruction). (Gapinski, Michele)
December 8, 2014
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ORDER re Motions for Reconsideration: With the exceptions noted in the attached Order, the motions for reconsideration and clarification of the November 7 Order and CMO 12 are DENIED. See Order for details. So Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr., and Gary R. Brown. [This is a duplicate of D.E. 852 in 14-MC-41].
March 23, 2016
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ORDER: On February 22, 2016, United States Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation recommending that this Court dismiss the instant action with prejudice for failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure. The parties were given until March 10, 2016, to file objections to the Report and Recommendation. To date, no objections have been filed. The Court has reviewed the Report and Recommendation for clear error and, finding none, hereby adopts Magistrate Judge Pollak's Report and Recommendation as the opinion of this Court. The Clerk of Court is directed to enter judgment in accordance with this order and close this case. Ordered by Judge LaShann DeArcy Hall on 3/23/2016. (Valentin, Winnethka)