Toussie v. Allstate Insurance Company et al

Filing 197

PROTECTIVE/PRESERVATION ORDER re: 172 , 179 . For the reasons set forth in the attached Order, the Court concludes it is appropriate that its 172 - 179 earlier Preservation Orders continue in effect. The Court therefore ORDERS that plain tiff, Robert Toussie, and Laura Toussie, as well as their agents, employees, or any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Services, 100 Imlay Street, B rooklyn, NY 11231, absent permission from this Court. This prohibition shall remain in place until the earlier of March 15, 2018 or the conclusion of the inspection of the premises. Counsel for Allstate Insurance Company is directed to serve a copy of this Order on Christie's Fine Art Storage Services. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/12/2018. (Blase, Brendan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------- X
ROBERT TOUSSIE,
Plaintiff,
ORDER
14 CV 2705 (FB) (CLP)

-againstALLSTATE INSURANCE CO. et al.,
Defendants.
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ROBERT TOUSSIE and LAURA TOUSSIE,
Plaintiffs,
-against-

15 CV 5235 (ARR) (CLP)

ALLSTATE INSURANCE CO.,
Defendant.
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POLLAK, United States Magistrate Judge:
On October 20, 2017, the Court entered a preservation Order in these related matters,
enjoining the plaintiffs or anyone acting on their behalf from removing any boxes or property
from storage units located at Christie’s Fine Art Storage Services (“CFASS”), in light of
significant concerns that evidence had been or would be spoliated. See Toussie v. Allstate Ins.
Co., No. 14 CV 2705, 2017 WL 4773374, at *4-5 (E.D.N.Y. Oct. 20, 2017). On November 6,
2017, the Court extended the preservation Order until January 15, 2018 because significant
delays, primarily attributable to plaintiffs and their previous counsel, had prevented the
defendant from finishing its inspection of the premises at CFASS. See Toussie v. Allstate Ins.
Co., No. 14 CV 2705, 2017 U.S. Dist. LEXIS 183603, at *5-6 (E.D.N.Y. Nov. 6, 2017).
By letter dated January 12, 2018, defendant Allstate Insurance Company (“Allstate”)

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requests that the Court order that its preservation Order and injunction continue in effect until
March 15, 2018. (See Def.’s Letter at 2-3, Jan. 12, 2018). Defendant explains that disputes
regarding the inspection, Mr. Toussie’s obstructive conduct when he attended the inspection, and
the recent withdrawal of plaintiffs’ attorneys prevented defendant from completing the
inspections before January 15, 2018 as originally planned. (See id.)
Given that the inspection has not concluded, that there remains the possibility of
irreparable harm to the defendant if the Court were not to enter a preservation order, and that the
concerns regarding spoliation have not abated, the Court concludes it is appropriate to continue
the preservation order.
The Court therefore ORDERS that plaintiffs, Robert Toussie and Laura Toussie, as well
as their agents, employees, or any other person, are ENJOINED from removing any boxes or
property from the storage units located at Christie’s Fine Art Storage Services, 100 Imlay Street,
Brooklyn, NY 11231, absent permission from this Court. This prohibition shall remain in place
until the earlier of March 15, 2018 or the conclusion of the inspection of the premises.
Counsel for Allstate Insurance Company is directed to serve a copy of this Order on
Christie’s Fine Art Storage Services. The Clerk of the Court is directed to send copies of this
Order to the parties either electronically through the Electronic Case Filing (ECF) system or by
mail.
SO ORDERED.
Dated: Brooklyn, New York
January 12, 2018
/s/ Cheryl L. Pollak
Cheryl L. Pollak
United States Magistrate Judge
Eastern District of New York

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