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 • • • 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 - . 2007 2008 2009 • August: Plaintiff Lyons allegedly injured aboard the Brianna while working for Rienzi. See Complaint ~ 12. • • October: Complaint filed against Rienzi by plaintiff Kelly Lyons. See Complaint. November: Complaint answered by Rienzi. See CMIECFNo.3. • • • • I 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 • • 2010 • • • • • • • 2011 • 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. 2 • • 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. • • • • • • • 2012 • • • 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 3 • 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. - - -- -- -,_._---- - --- - - - • • 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. I 4

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