Murphy et al v. Snyder et al
Filing
93
ORDER terminating 44 Motion for Damages. This brief Order summarizes but does not resolve the pending motions in this case. The Clerk of the Court is respectfully directed to terminate Plaintiffs' motion for damages (Docket Entry 44). So Ordered by Judge Joanna Seybert on 9/27/2012. C/ECF (Valle, Christine)
FILED
CLERK
9/27/2012 12:03 pm
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------X
JOSEPH J. MURPHY and NANCY MURPHY,
Plaintiffs,
-against-
ORDER
10-CV-1513(JS)(AKT)
STUART SNYDER, DOREEN SNYDER, BBSEA
ASSOCIATES, LLC, S&D DEVELOPMENT, LLC,
S&D DEVELOPERS LIMITED LIABILITY
COMPANY, S&D DEVELOPMENT, INC.,
MICHAEL MAISEL, NEIL SHIRVAN,
42 EVERETT LLC, and 40 BOGERT RD LLC,
Defendants.
-----------------------------------------X
APPEARANCES
For Plaintiffs:
William Edward Vita, Esq.
Westerman Ball Ederer
Miller & Sharfstein, LLP
1201 RXR Plaza
Uniondale, NY 115011556
For Neil Shirvan:
Samuel D. Levy, Esq.
Sherica Rene Bryan, Esq.
Wuersch & Gering, LLP
100 Wall Street
New York, NY 10005
For Michael Maisel: David Parker, Esq.
Kleinberg, Kaplan, Wolff & Cohen
551 Fifth Avenue, 18th Floor
New York, NY 10176
For the remaining
Defendants:
Gabriel Levinson, Esq.
Tarter Krinsky & Drogin LLP
1350 Broadway
New York, NY 10018
Marc A. Greenberg, Esq.
Law Office of David Watkins
285 Closter Dock Rd.
Closter, NJ 07624
SEYBERT, District Judge:
This brief Order summarizes but does not resolve the
pending motions in this case.
The Court previously ordered that
Defendants’ answer be stricken and that Plaintiffs be awarded a
default judgment in an amount to be determined.
(Docket Entry
44 (adopting the Report and Recommendation of Magistrate Judge
William
D.
Wall).)
calculation
of
Thereafter,
damages,
and
Plaintiffs
Magistrate
Judge
moved
Gary
for
R.
a
Brown
issued a Report and Recommendation recommending that Plaintiffs
be awarded compensatory and punitive damages as well as costs
and interest.
(Docket Entry 47.)
recommendation
was
default judgments.
referred
Report
these
and
reassigned
pending,
Defendants
moved
to
vacate
(Docket Entries 51, 55, 61.)
latest
motions
to
Recommendation.
to
Then, while Judge Brown’s
Magistrate
Judge
This
Judge
A.
Brown
case
Kathleen
The Court
for
was
the
a
further
subsequently
Tomlinson.
(See
Docket Entry 92.)
Judge Tomlinson will consider the motions to vacate in
the normal course.
respectfully
In the meantime, the Clerk of the Court is
directed
damages
(Docket
Entry
Brown’s
recommendation
to
terminate
Plaintiffs’
44).
The
will
as
damages,
to
2
Court
if
motion
consider
necessary,
for
Judge
when
it
considers Judge Tomlinson’s recommendation whether to vacate the
default judgments.
SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:
September
27 , 2012
Central Islip, New York
3
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