Luwisch et al v. Philadelphia Insurance Companies

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS and ORDERING PLAINTIFF LUWISCH TO RESPOND: SEE ATTACHED ORDER ORDERED that all claims brought by Plantiffs Victory Sports Arena, West Shore Tennis Club, Inc., and Frozen Ropes, LLC are DISMISSED. FU RTHER ORDERED that by April 16, 2011, the remaining plaintiff, Aaron Luwisch, proceeding pro se, submit a letter to the Court, not to exceed three pages, advising the Court whether he intends to continue to pursue this action and if so, setting fo rth the legal and factual bases upon which he intends to oppose defendants proposed motion to dismiss. Should Plaintiff fail to comply with this Order, the Court will dismiss this action for failure to prosecute. The Clerk of Court is directed t o send a copy of this Order to plaintiff Aaron Luwisch by overnight mail at the address listed for plaintiff on the docket, and note such mailing on the docket together with the corresponding tracking number.. Ordered by Judge Roslynn R. Mauskopf on 4/9/2012. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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AARON LUWISCH, et al.,
Plaintiffs,
- against -

ORDER
11-CV-4551(RRM) (MDG)

PHILADELPHIA INSURANCE COMPANIES,
Defendant.
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MAUSKOPF, United States District Judge.
This is an action to recover on a commercial property insurance policy for a business
interruption caused by a fire at the insured premises in July 2007. On March 2, 2012, Magistrate
Judge Go issued a Report and Recommendation (the “R&R”) recommending dismissal of all claims
brought by the corporate plaintiffs for failure to obtain counsel. The magistrate judge ordered the
parties to file by March 19, 2012 any objections pursuant to Rule 72(b). No party has filed any
objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See
Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby
ORDERED that all claims brought by Plantiffs Victory Sports Arena, West Shore Tennis Club,
Inc., and Frozen Ropes, LLC are DISMISSED.
Defendants have also sought leave to file a motion to dismiss this action as barred by a suit
limitation clause contained in the insurance policy at issue in this case, which clause required any
lawsuit under the policy to be commenced “within two years after the date on which the direct
physical loss or damage occurred.” See Letter of Constantino P. Suriano dated 9/20/2011 (Doc. No.
3). Defendants assert that the loss occurred in 2007, and this suit commenced in 2011. In light of
defendant’s request, and the dismissal of all claims brought by the corporate plaintiffs, it is hereby

FURTHER ORDERED that by April 16, 2011, the remaining plaintiff, Aaron Luwisch, proceeding
pro se, submit a letter to the Court, not to exceed three pages, advising the Court whether he intends
to continue to pursue this action and if so, setting forth the legal and factual bases upon which he
intends to oppose defendant’s proposed motion to dismiss. Should Plaintiff fail to comply with this
Order, the Court will dismiss this action for failure to prosecute.
The Clerk of Court is directed to send a copy of this Order to plaintiff Aaron Luwisch by
overnight mail at the address listed for plaintiff on the docket, and note such mailing on the docket
together with the corresponding tracking number.
SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
April 9, 2012

____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge

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