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Kishner Miller
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Order | Filed: May 31, 2024 | Entered: May 31, 2024 Roldan v. Lewis et al
Civil Rights: Other | New York Eastern
Order(Other)
ORDER: For the reasons explained in the attached Order, the City's motion for summary judgment is granted in part. Philadelphia has a duty to defend under the 2011-2012 Primary Policy and Lexington has a duty to defend under the 2004 Policy, 2005 Policy, 2007 Policy, and 2008 Primary Policy. The City is entitled to reimbursement for the fees and costs of defending the underlying action. Accordingly, Philadelphia's motion for summary judgment on its counterclaim against the City is denied but is granted in part as to its crossclaim with respect to Lexington's duty to defend. Lexington's motion for partial summary judgment that it has no duty to defend the City under the PL parts of the 2006 Policy, 2007 Policy, 2008 Primary Policy, and 2009 Policy is also granted. No party having requested it do so, the Court has not and need not reach any question of indemnification under any policy discussed herein.
Having considered the Admiral factors, the City is hereby awarded a declaration of its right to a defense from Philadelphia and Lexington in the underlying action, including reimbursement. Philadelphia is also awarded a declaration that Lexington has a duty to defend the City in the same action. The Clerk of Court is respectfully directed to enter judgment consistent with this Order.
On or before June 14, 2024, the City, Philadelphia, and Lexington shall meet and confer and file a joint letter indicating if there is any reason the Court should not dismiss any remaining claims and close this third-party case. If any Third-Party Litigant indicates that this case should not be closed, it shall identify with specificity what issues remain, and each party shall provide its position with respect to those issues. Ordered by Judge Hector Gonzalez on 5/31/2024. (RCM) -
Order | Filed: May 31, 2024 | Entered: May 31, 2024 Roldan v. Lewis et al
Civil Rights: Other | New York Eastern
Order on Motion to Dismiss for Failure to State a Claim
ORDER: The Court is in receipt of Defendants' pre-motion letter concerning their anticipated motion to dismiss the Second Amended Complaint ("SAC"). See ECF No. 188 . Plaintiff has submitted a response in which she also requests leave to amend the SAC to address issues raised in Defendants' letter. See ECF No. 193 . The Court GRANTS Plaintiff's request for leave to amend. See Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires."). Plaintiff shall file her Third Amended Complaint ("TAC") on or before June 17, 2024. If, after Plaintiff files her TAC, Defendants still intend to move to dismiss, they shall file another pre-motion letter in accordance with Section IV.A of the Court's Individual Practices on or before June 24, 2024, and shall specifically address whether the TAC cures any of the alleged deficiencies identified in their instant letter. Plaintiff shall file her response on or before July 1, 2024. Ordered by Judge Hector Gonzalez on 5/31/2024. (RCM)
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Motion | Filed: May 31, 2024 | Entered: May 31, 2024 Walker v. The City of New York et al
Civil Rights: Americans with Disabilities - Other | New York Eastern
Extension of Time to Complete Discovery
Joint MOTION for Extension of Time to Complete Discovery and for a continued stay by Roy Beckford, Disability Rights New York, Disabled in Action, Milan Heggs, Philip Legree. (Rankin, David)
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