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14-3410 - Sperber v. American Security Insurance Company


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14-3410 - Sperber v. American Security 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)
March 18, 2016
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MEMORANDUM AND ORDER; By Report and Recommendation dated February 9, 2016, Magistrate Judge Brown recommended that both of the within actions (Nogueira v. Travelers Casualty Co., No. 14-CV-3369 and Sperber v. Am. Sec. Ins. Co., No. 14-CV-3410) be dismissed pursuant to Federal Rule of Civil Procedure 41(b), for failure to prosecute. For the reasons stated herein, the Report and Recommendation is hereby adopted and both of the above-captioned cases are dismissed, with prejudice, for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by : Judge Leonard D. Wexler on 3/18/2016.) (Fagan, Linda)