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13-1376 - Mid Atlantic Framing, LLC v. Ava Realty Ithaca, LLC et al


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13-1376 - Mid Atlantic Framing, LLC v. Ava Realty Ithaca, LLC et al
July 24, 2015
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 31 Motion for Judgment on the Pleadings; granting 48 Motion for Leave to File: The Court hereby ORDERS that Defendant AVA's motion for partial judgment on the pleadings is GRANTED in part and DENIED in part; and the Court furtherORDERS that Plaintiff's cross-motion for leave to file a second amended verified complaint is GRANTED; and the Court further ORDERS that Plaintiff shall file a signed copy of its Second Amended Verified Complaint, with such alterations as are consistent with this Memorandum-Decision and Order,within TEN (10) DAYS; and the Court further ORDERS that Plaintiff shall serve a copy of the Second Amended Verified Complaint on the additionally named Defendant, Wilmington Savings Fund Society, FSB, within TWENTYONE (21) DAYS, in compliance with the Federal Rules of Civil Procedure; and the Court furtherORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 7/24/2015. (ban)
September 14, 2016
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MEMORANDUM-DECISION AND ORDER granting 82 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendant WSFS's motion to dismiss is GRANTED; and the Court further ORDERS that the Clerk of the Court is directed to terminate WSFS as a Defendant in this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/14/2016. (ban, )
September 11, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's appeal of Magistrate Judge Peebles' December 7, 2016 order is DENIED; and the Court further ORDERS that Plaintiff's motion for default judgment against Defendant Varish as to the fourth, fifth, sixth, seventh, eighth and tenth causes of action (Dkt. No. 117) is GRANTED as to liability; and the Court furtherORDERS that Plaintiff's motion for default judgment against Defendant 359 Hospitality Associates, LLC as to the ninth cause of action (Dkt. No. 118) is GRANTED as to liability; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/11/2017. (ban)
October 25, 2017
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DECISION AND ORDER: The Court hereby ORDERS that discovery is reopened for the limited purpose of deposing Tom Varish; and the Court further ORDERS that any such deposition shall be completed within ten (10) days of the date of this Decision and Order; and the Court further ORDERS that the Clerk of the Court shall terminate Plaintiff's pending letter motion; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/25/2017. (ban)
March 29, 2018
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MEMORANDUM-DECISION AND ORDER denying 140 Motion for Summary Judgment; denying 141 Motion for Summary Judgment; denying 159 Letter Request; denying 160 Letter Request: The Court hereby ORDERS that Mid Atlantic's request to strike the Varish Certification and both Varish Declarations is GRANTED; and the Court further ORDERS that the parties' letter motions seeking to further address Mid Atlantic's request is strike (Dkt. Nos. 159 & 160) are DENIED as moot; and the Court further ORDERS that the parties' cross- motions for summary judgment (Dkt. Nos. 140 & 141) are DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/29/2018. (ban)