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14-5615 - Iwachiw et al v. Travelers et al


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14-5615 - Iwachiw et al v. Travelers et al
September 16, 2014
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OPINION AND ORDER re: 6 MOTION to Change Venue Pursuant to 28 U.S.C. Section 1404 (a) and 42 U.S.C Section 4072 by Defendant The Standard Fire Insurance Company (incorrectly names as "Travelers, The Standard Fire Insurance Company") filed by The Standard Fire Insurance Company. For the foregoing reasons, the motion to transfer venue to the United States District Court for the Eastern District of New York is hereby GRANTED. The Clerk of Court is directed to close the motion at Docket No. 6 and to transfer the case.SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/16/2014) (ama) [Transferred from New York Southern on 9/24/2014.]
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].
September 15, 2015
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ORDER re 144 REPORT AND RECOMMENDATION; For the reasons set forth herein, so much of the Report as recommends that plaintiffs claims against the City be sua sponte dismissed for lack proper service is rejected, but the remainder of the Report is accepted in its entirety and, for the reasons set forth in the Report, (1) the branch of Standard Fires motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiffs claims against it for lack of standing is granted and plaintiffs claims against Standard Fire are dismissed in their entirety for lack of standing, and Standard Fires motion is otherwise denied; (2) TICNYs and NYUs motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure are granted and plaintiffs claims against TICNY and NYU are dismissed in their entirety withprejudice for failure to state a claim for relief; (3) Adorno Denkers motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure is granted and plaintiffs claims against Adorno Denker are dismissed in their entirety with prejudice for lack of personal jurisdiction and for failure to state a claim for relief; (4) plaintiffs cross motion for summary judgment is denied; (5) plaintiffs request for leave to amend the complaint is denied; and (6) the claims of the corporate plaintiffs are dismissed in their entirety without prejudice, and the Court declines to exercise supplemental jurisdiction over the remaining state law claims against the City and dismisses those claims without prejudice pursuant to 28 U.S.C. ยง 1367(c), unless, on or before October 19, 2015, counsel admitted to practice law in this Court files a notice of appearance on behalf of the corporate plaintiffs. (Ordered by Judge Sandra J. Feuerstein on 9/15/2015.) (Fagan, Linda)
October 16, 2015
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ORDER: SO ORDERED that plaintiffs motion for leave to proceed on appeal in forma pauperis is denied. Pursuant to Rule 24(a)(4) of the Federal Rules of Appellate Procedure, the Clerk of the Court shall serve notice of entry of this order upon all parties and immediately notify the United States Court of Appeals for the Second Circuit of this decision. Pursuant to Rule 24(a)(5) of the Federal Rules of Appellate Procedure, inter alia, plaintiff may file a motion for leave to proceed on appeal in forma pauperis in the United States Court of Appeals for the Second Circuit within thirty (30) days after the Clerk of this Court serves notice of entry of this order upon him. CM via ecf to 2nd Circuit Appeals Court and CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 10/16/2015. (Florio, Lisa)
January 5, 2016
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ing a lawsuit or proceeding against TICNY and/or Adorno Denker a copy of the following documents from this litigation: (a) this Order; (b) the Order dated September 15, 2015, (Docket Entry [DE] 153); and (c) the reports and recommendations of Magistrate Judge Locke dated November 17, 2015, (DE 170), and August 14, 2014, (DE 144). Plaintiff is hereby warned that monetary sanctions may be imposed against him for filing any papers in this Court that are found to be harassing, vexatious, or in violaORDER and FILING INJUNCTION: SO ORDERED that the Report is accepted in its entirety and, for the reasons set forth therein, the branches of TICNYs and Adorno Denkers motions seeking to have a filing injunction imposed against plaintiff are granted and the motions are otherwise denied. It is hereby, ORDERED that Walter Iwachiw is barred from commencing any new pro se action in any federal court in the State of New York against Tower Insurance Company of New York (TICNY) regarding claims made under the homeowners policy issued by TICNY (the TICNY Policy) under policy number HOS2664140, or against Adorno Denker Associates, Inc. (Adorno Denker) regarding the brokering of, or claims made under, both the TICNY Policy, policy number HOS2664140, and the policy written by defendant Travelers/Standard Fire Insurance (the Standard Fire Policy) under policy number 6010047198; and it is further, ORDERED that Walter Iwachiw shall attach to any pleading he heretofore files in any state court commenction of this, or any of the prior, filing injunctions imposed against him. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order upon all parties as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 1/5/2016. (Florio, Lisa)