Niram, Inc. v. Sterling National Bank

1:21-cv-05966 | New York Southern District Court

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Division Foley Square
Judge Judge Mary Kay Vyskocil
Filed July 12, 2021
Case Flags ECF
Nature of Suit 150 Recovery & Enforcement of Judgments
Cause 28:1332ds Diversity-Contract Dispute
Jury Demand None
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Filing Date # Docket Text
4/4/2024 ORDER OF DISMISSAL: The Court is in receipt of a letter from the parties stating that "the parties have reached a settlement in principal" and requesting that the Court "the Court hold in abeyance any decision on Sterling's pen ding motion and stay all pending case deadlines" [ECF No. 68]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's cal endar if the parties are unable to memorialize their settlement in writing and as long as the application to restore the action is made by May 4, 2024. If no such application is made by that date, today's dismissal of the action is with prej udice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). IT IS FURTHER ORDERED that Sterling's pending motion [ECF No. 59] is denied as moot without prejudice to refiling if the parties restore this action. SO ORDERED. ( Motions due by 5/4/2024.) (Signed by Judge Mary Kay Vyskocil on 4/4/2024) (tg)
11/13/2023Reply Memorandum of Law in Opposition to Motion
9/29/2023 CLERK'S JUDGMENT re: 57 Memorandum & Opinion in favor of Sterling National Bank against Niram, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 29, 2023, S terling's Motion for Summary Judgment is GRANTED and Niram's Motion for Partial Summary Judgment is DENIED. Sterling's letter motion requesting oral argument in connection with the Motions for summary judgment [ECF No. 52] is DENIED as moot. Sterling's letter motion to file under seal certain limited exhibits in connection with Niram's Motion for Partial Summary Judgment [ECF No. 55] is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/29/2023) (Attachments: # 1 Appeal Package) (km)
9/29/2023 OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT re: 52 LETTER MOTION for Oral Argument in connection with Motions for Summary Judgment addressed to Judge Mary Kay Vyskocil from Ian T. Clarke-Fisher dated March 17, 2023. filed by Sterling National Bank, 55 LETTER MOTION to Seal certain limited exhibits in connection with Plaintiff's Moton for Partial Summary Judgment addre ssed to Judge Mary Kay Vyskocil from Ian T. Clarke-Fisher dated April 5, 2023. filed by Sterling National Bank, 34 MOTION for Summary Judgment : Notice of Motion for Summary Judgment. filed by Sterling National Bank, 38 MOTION for Summary Judgment Notice of Motion by Plaintiff for Partial Summary Judgment. filed by Niram, Inc.. For the foregoing reasons, Sterling's Motion for Summary Judgment is GRANTED and Niram's Motion for Partial Summary Judgment i s DENIED. Sterling's letter motion requesting oral argument in connection with the Motions for summary judgment [ECF No. 52] is DENIED as moot. Sterling's letter motion to file under seal certain limited exhibits in connection with Nir am's Motion for Partial Summary Judgment [ECF No. 55] is GRANTED. The Clerk of Court is respectfully requested to terminate the motions pending at docket entries 34, 38, 52, and 55 and to close the case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/29/2023) (tg) Transmission to Orders and Judgments Clerk for processing. Modified on 10/2/2023 (tg).
4/5/2023Letter
4/5/2023Seal
3/17/2023Reply Memorandum of Law in Support of Motion
3/17/2023Declaration in Support of Motion
3/17/2023Oral Argument
3/17/2023Reply Memorandum of Law in Support of Motion
3/17/2023Declaration in Support of Motion
3/3/2023Counter Statement to Rule 56.1
3/3/2023Declaration in Opposition to Motion
3/3/2023Counter Statement to Rule 56.1
3/3/2023Memorandum of Law in Opposition to Motion
3/3/2023Memorandum of Law in Opposition to Motion
3/3/2023Declaration in Opposition to Motion
2/3/2023Order on Motion for Extension of Time
1/31/2023Extension of Time
1/31/2023Rule 56.1 Statement
1/31/2023Memorandum of Law in Support of Motion
1/31/2023Declaration in Support of Motion
1/31/2023Summary Judgment
1/30/2023Rule 56.1 Statement
1/30/2023Memorandum of Law in Support of Motion
1/30/2023Declaration in Support of Motion
1/30/2023Summary Judgment
12/12/2022Order on Motion for Conference
12/8/2022Letter
12/8/2022Conference
9/19/2022Order on Motion for Extension of Time to Complete Discovery
9/12/2022Extension of Time to Complete Discovery
8/10/2022Order on Motion for Extension of Time
8/9/2022Extension of Time
6/21/2022 ORDER granting 25 Letter Motion to Adjourn Conference. This request is granted. The Post Discovery Conference is adjourned to September 29, 2022 at 11:30 a.m. in Courtroom 18C of 500 Pearl Street, New York, NY 10007. All discovery must be compl ete by September 19, 2022. A joint status letter and any pre-motion submissions are due one week before the conference, in accordance with the Court's Individual Rules. No further adjournments of these dates will be granted absent extraordinary circumstances. Status Conference set for 9/29/2022 at 11:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 6/21/2022) (tg)
6/21/2022Adjourn Conference
5/25/2022Order on Motion for Extension of Time to Complete Discovery
3/23/2022Extension of Time to Complete Discovery
3/22/2022Rule 7.1 Corporate Disclosure Statement
1/31/2022Answer to Complaint
1/13/2022Order on Motion for Extension of Time to Complete Discovery
1/11/2022Extension of Time to Complete Discovery
1/10/2022Order on Motion for Conference
1/10/2022Case Management Plan
1/10/2022 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...IT IS SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/10/2022) (ate)
12/29/2021Proposed Stipulation and Order
11/1/2021Proposed Case Management Plan
11/1/2021Letter
10/7/2021Letter
10/4/2021Notice of Appearance
10/4/2021Conference
10/4/2021Rule 7.1 Corporate Disclosure Statement
9/7/2021 ORDER granting 6 Letter Motion for Extension of Time to Answer re: 1 Complaint addressed to Judge Mary Kay Vyskocil from Ian T. Clarke-Fisher dated 09/03/2021. Granted. SO ORDERED. Sterling National Bank answer due 10/4/2021. (Signed by Judge Mary Kay Vyskocil on 9/7/2021) (va) (Entered: 09/07/2021)
9/3/2021NOTICE OF APPEARANCE by Edward J. Heath on behalf of Sterling National Bank..(Heath, Edward) (Entered: 09/03/2021)
9/3/2021 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Mary Kay Vyskocil from Ian T. Clarke-Fisher dated 09/03/2021. Document filed by Sterling National Bank..(Clarke-Fisher, Ian) (Entered: 09/03/2021)
9/3/2021NOTICE OF APPEARANCE by Ian T. Clarke-Fisher on behalf of Sterling National Bank..(Clarke-Fisher, Ian) (Entered: 09/03/2021)
7/20/2021WAIVER OF SERVICE RETURNED EXECUTED. Sterling National Bank waiver sent on 7/13/2021, answer due 9/13/2021. Document filed by Niram, Inc.,..(Matteo, Joseph) (Entered: 07/20/2021)
7/13/2021Case Designated ECF. (pc) (Entered: 07/13/2021)
7/13/2021Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 07/13/2021)
7/13/2021CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 07/13/2021)
7/13/2021***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Andrew Matteo. The party information for the following party/parties has been modified: NIRAM, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) (Entered: 07/13/2021)
7/13/2021CIVIL COVER SHEET filed..(Matteo, Joseph) (Entered: 07/13/2021)
7/13/2021***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph Andrew Matteo. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) (Entered: 07/13/2021)
7/12/2021 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NIRAM, INC...(Matteo, Joseph) (Entered: 07/12/2021)
7/12/2021COMPLAINT against Sterling National Bank. (Filing Fee $ 402.00, Receipt Number ANYSDC-24782466)Document filed by NIRAM, INC...(Matteo, Joseph) (Entered: 07/12/2021)