Toussie et al v. Allstate Insurance Company

Filing 181

ORDER re 154 - 179 . Given the pending disputes, the earlier preservation Orders are extending pending further Order of this Court. It is therefore ORDERED that plaintiffs, Robert Toussie and Laura Toussie, as well as their agents, employee s, and any other person, are ENJOINED from removing any boxes or property from the storage units located at Christie's Fine Art Storage Service, 100 Imlay Street, Brooklyn, NY 11231, absent further Order of this Court. Counsel for Allstate shall serve this Order as directed. See attached Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/2/2018. (Blase, Brendan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ROBERT TOUSSIE and LAURA TOUSSIE,
Plaintiffs,
ORDER
15 CV 5235 (ARR) (CLP)

-againstALLSTATE INSURANCE COMPANY,
Defendant.
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POLLAK, United States Magistrate Judge:

By letter dated May 2, 2018, plaintiffs Robert and Laura Toussie explain that the Court’s
earlier preservation Orders expired by their own terms yesterday, May 1, 2018. (Pls.’ Letter at 1,
May 2, 2018, ECF No. 179). Plaintiffs express the view that because defendant Allstate
Insurance Company requested an extension of the Orders and the Court has not yet ruled on that
request, they “believe it was [the Court]’s intention simply to allow the preservation orders to
expire.” (Id.) Thus, plaintiffs “assume that . . . they may immediately remove their property
from CFASS and sell it, and they intend to do so.” (Id.)
To the contrary, given the pending disputes (see, e.g., Pls.’ Letter, Mar. 19, 2018, ECF
No. 161; Pls.’ Letter, Mar. 29, 2018, ECF No. 168; Def.’s Letter, Apr. 2, 2018, ECF No. 169),
the earlier preservation Orders are hereby extended pending further Order of this Court.
The Court therefore ORDERS that plaintiffs, Robert Toussie and Laura Toussie, as well
as their agents, employees, and 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 further Order of this Court.

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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
May 2, 2018

/s/ Cheryl L. Pollak
Cheryl L.
United

ollak
tes Magistrate Judge

Eastern District of New York

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