Lyons v. Rienzi & Sons, Inc.

Filing 134

MEMORANDUM AND ORDER granting 101 Motion for Summary Judgment: This memorandum and order should be read in conjunction with the order granting, for lack of personal jurisdiction, the motion to dismiss of third-party defendant Nuvolari-Lenard Na val Design. See Memorandum and Order, Lyons v. Rienzi & Sons, Inc., No. 09-CV-4253 (E.D.N.Y. Apr. 11, 2012), CM/ECF No. 133 . Summary judgment is granted in favor of Marquis. No costs or disbursements. This litigation shall proceed as follows. Th e claims asserted against third-party defendants Staten Island and Carver Boat Corporation, LLC -- as Genmar was known before changing its name-are dismissed. No theory of liability on the part of Staten Island, the company that purchased the Bri anna from the manufacturer before selling it to Rienzi, has been propounded. Carver Boat Corporation, LLC is dismissed as a defendant since it and Genmar are one and the same. Any claims asserted against anonymous defendants are without merit and are dismissed. Remaining in this litigation as parties are (I) Lyons, the original plaintiff; (2) Rienzi, the original defendant; (3) and Genmar, the manufacturer of the Brianna, to the limited extent that it is protected by insurance. Jury select ion in this case will commence on May 21, 2012 at 9:30 a.m. Trial will begin the following day. All in limine and other outstanding motions will be heard on May 11,2012, at 10:00 a.m. By May 4, 2012, the parties will exchange and provide to the cou rt (I) witness lists and summaries of proposed testimony; (2) marked documents and lists of exhibits; (3) experts' reports, if expert witnesses are to be called; and (4) proposed jury charges. Daubert hearings, if requested, will be held on M ay 11. Any further dispositive motions will be heard on that date. In the interim, the case is respectfully referred to the magistrate judge for mediation or other settlement procedures. Ordered by Senior Judge Jack B. Weinstein, on 4/12/2012. (Attachments: # 1 Exhibits A-B) (Barrett, C)

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EXHIBIT A

CHRONOLOGY OF EVENTS RELEVANT TO
MAROUIS YACHTS, LLC'S SUMMARY JUDGMENT MOTION
LYONS V. RIENZI & SONS, 09-CV-42S3

YEAR PRE-LAWSUIT ACTIVITY
2006

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NEW YORK LITIGATION

February: Brianna built
in Wisconsin by Genmar
Yachts, LLC. See Marquis
56.1 Stmt. ~~ 9-10.
May: After the Brianna
was purchased from
Genmar by Staten Island
Yacht Sales, she was
delivered to Rienzi. See
M. Rienzi Dep. 13-14;
Marquis 56.1 Stmt. ~ 12.
June: Brianna's limited
warranty registered by
Rienzi with Staten Island
Yacht Sales.

MINN. BANKR.PROCEEDINGS

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2007
2008

2009

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August: Plaintiff Lyons
allegedly injured aboard
the Brianna while working
for Rienzi. See Complaint
~ 12.

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October: Complaint filed
against Rienzi by plaintiff
Kelly Lyons. See
Complaint.
November: Complaint
answered by Rienzi. See
CMIECFNo.3.

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June: Genmar bankruptcy
petition filed. See Marquis 56.1
Stmt. ~ 16; Rienzi 56.1
Counter-Stmt. ~ 2.
November: Motion filed
seeking permission to sell
substantially all of Genmar' s
assets at a competitive auction.
See Rienzi 56.1 Counter-Stmt.
~ 5.
November: Irwin Jacobs
resigns as CEO, chairman, and
director of Genmar parent. See
Rienzi 56.1 Counter-Stmt. ~ 7;
Apr. 10 Hr'g Tr.
December: Motion to sell

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2010

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2011

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January: Third-party
complaint filed by Rienzi
against Staten Island,
Genmar, Carver Boat,
Marquis, Donald L.
Blount & Associates,
Nuvolari-Lenard, and
Does 1-5. See CMlECF
No. 14.
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Genmar's assets granted. See
Rienzi 56.1 Counter-Stmt. '6.
December: Notice of auction
published in newspapers. See
Rienzi 56.1 Counter-Stmt. ~ 7.
January: Auction of Genmar's
assets held. See Rienzi 56.1
Counter-Stmt. , 7.
January: J&D Acquisitions
declared winner of auction for
Genmar's assets. See Rienzi
56.1 Counter-Stmt. , 8.
January: Sale of Genmar's
assets to J&D Acquisitions
approved by bankruptcy court.
See Rienzi 56.1 Counter-Stmt.

,9.

January: Asset purchase
agreement executed by Genmar
and J&D Acquisitions. See
Rienzi 56.1 Counter-Stmt. , 10.
March: Motion filed by
Genmar to reject executory and
warranty contracts. See Rienzi
56.1 Counter-Stmt. , 11.
March: Genmar motion
approved. See Rienzi 56.1
Counter-Stmt. , 11.
November: Genmar's Chapter
11 reorganization converted
into a Chapter 7 liquidation.
See Rienzi 56.1 Counter-Stmt.
, 12.
December: Genmar files final
report as debtor in possession.
See Rienzi 56.1 Counter-Stmt.
~ 13.
April: Proof of claim filed in
Genmar Yacht bankruptcy
proceedings by Rienzi.
August: Motion filed by
Rienzi seeking relief from
court-ordered stay so that it
could proceed with litigation in
the u.S. District Court for the
Eastern District of New York.

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2012

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March: Third-party
complaint answered by
Marquis. See CMlECF
No. 23.
March: First motion for
summary judgment filed
by Marquis. See CMlECF
Nos. 27-29.
May: Marquis motion for
summary judgment denied
with leave to renew. Case
referred to magistrate
judge for expedited
discovery. See CMlECF
No. 41.
J.!!!!s.:. Claims asserted by
Lyons against third-party
defendants. See CMlECF
No. 42.
July: Answer filed by
Marquis in response to
Lyons' claims. See
CMlECF No. 50.
July: Notice of automatic
stay pursuant to
bankruptcy petition filed
by Genmar. See CMlECF
No. 52.
December: Bankruptcy
court order certified by
this court. See CMlECF
No. 90.
February: Renewed
motion for summary
judgment filed by
Marquis. See CMlECF
No. 101.
March: Response in
opposition to renewed
motion for summary
judgment filed by Rienzi.
See CMlECF Nos. Ill,
114-15.
March: Response in
opposition to renewed
motion for summary
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See Rienzi 56.1 Counter-Stint.
~ 16.
September: Order entered by
bankruptcy court authorizing
Lyons and Rienzi to continue
litigation in the u.S. District
Court for the Eastern District of
New York. See Rienzi 56.1
Counter-Stmt. ~ 17.

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judgment filed by Lyons.
SeeCMlECFNo.118.
March: Reply in support
of renewed swnmary
judgment motion filed by
Marquis. See CMlECF
Nos. 124-25.
April: Hearing held on
Marquis' motion for
summary judgment.

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