Bank Of America, N.A. v. Ticor Title Insurance Company

Filing 99

ORDER granting 98 Motion for Reconsideration re 98 Letter MOTION for Order of Sale MOTION for Reconsideration of Order Extending Duration of Rule 68 Offer and request for settlement conference including prnncipals of all parties filed by INET National Land Services, LLC, Dana Sharon, 97 MOTION for Extension of Time to File Response/Reply as to 89 Notice(Other) Offer of Judgment filed by Ticor Title Insurance Company, Order on Motion for Extension of Time to File Response/Reply, 90 Letter MOTION for pre motion conference re 25 Answer to Crossclaim, 24 Answer to Third Party Complaint, Counterclaim seeking leave to amend to assert cross-claims and Status Report per Order dated F ebruary 20, 2015 filed by INET National Land Services, LLC, Dana Sharon, Set/Reset Hearings, 92 MOTION for pre motion conference re 91 Status Report, 90 Letter MOTION for pre motion conference re 25 Answer to Crossclaim, 24 Answer to Third Party Complaint, Counterclaim seeking leave to amend to assert cross-claims and Status MOTION to Sever filed by Ticor Title Insurance Company. So Ordered by Magistrate Judge Anne Y. Shields on 4/7/2015. (Shields, Anne)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BANK OF AMERICA, N.A.,
Plaintiff,
-againstTICOR TITLE INSURANCE COMPANY,
Defendants.
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TICOR TITLE INSURANCE COMPANY,
Third-Party Plaintiff,
-againstINET NATIONAL LAND SERVICES, LLC,
DANA SHARON, THEODORE F. GOSMAN,
GOSMAN LAW, P.C., ERIC L. BROOKS,
MARIE A. MARTIAL,
Third-Party Defendants,
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THEODORE F. GOSMAN, GOSMAN LAW, PC.,
Cross-Claimants,
-againstERIC L. BROOKS, DANA SHARON, MARIE
MARTIAL, INET NATIONAL LAND
SERVICES, LLC,
Cross-Defendants,
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THEODORE F. GOSMAN, GOSMAN LAW P.C.,
Counter-Claimants,
-againstTICOR TITLE INSURANCE COMPANY,
Counter-Defendant,

MEMORANDUM AND ORDER
CV 12-4373 (JMA)(AYS)

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DANA SHARON, INET NATIONAL LAND
SERVICES, LLC.,
Counter-Claimants,
-againstTICOR TITLE INSURANCE COMPANY,
Counter-Defendants.
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SHIELDS, Magistrate Judge:
On March 20, 2015, Third-Party Defendants INET Land Services. LLC (“INET”), and Dana
Aronow, sued as Dana Sharon (“Sharon”) extended an offer of judgment pursuant to Rule 68 of the
Federal Rules of Civil Procedure (the “Offer”) allowing Defendant/Third-Party Plaintiff Ticor Title
Insurance Company/aka Chicago Title Insurance Company (“Ticor”), to enter judgment against them in
the amount of $10,000, together with the costs accrued to date in full satisfaction of all claims. The Offer
was set to expire, pursuant to the time period set forth in the Federal Rules, on April 3, 2014. On that day
Defendant Ticor Title Insurance Company moved to have this court extend its time to respond to the
Offer. The letter motion indicated that the parties were engaged in global settlement discussions. This
court granted the extension of time by way of an electronic order dated April 4, 2014.
INET and Sharon have now made clear that they never intended to consent to any extension of
the time in which to extend the Offer and, indeed, oppose any such extension. Accordingly, INET and
Sharon move to have this court reconsider the order granting the extension of time for Ticor to respond to
the Offer. In light of INET and Sharon’s clear position that they have always opposed any extension of
its Offer, the court hereby grants the motion to reconsider the order (DE 98) and denies the motion for an
extension of time in which to respond to the Offer (DE 97). The Offer is therefore deemed withdrawn.
In addition to seeking reconsideration, INET and Sharon have indicated that they are amenable to
participating in a conference aimed at a global settlement of this matter. The court has previously

scheduled a pre-motion conference on INET with respect to Sharon and INET’s proposed motion to
amend their answer, for April 16, 2015. The Court hereby re-schedules that conference to April 30, 2015
at 2:00 P.M. In lieu of a pre-motion conference, the April 30, 2015 will be held as a global settlement
conference that shall be attended by all parties to this matter. Clients with authority to settle are to appear
at the conference. One week prior to the conference, each party shall fax an ex parte settlement statement
to the court at 631-712-5715, indicating the terms upon which it is willing to agree to a global settlement.
That letter shall also set forth the terms of any prior settlement agreements discussed but not yet finalized.
The court is aware that INET and Sharon are seeking to amend their answers to assert cross-claims
against Theodore Gosman, Gosman Law and Bank of America. While that matter has not yet been
decided, settlement statements submitted pursuant to this order are to assume, for the purpose of the
conference only, that the motions to amend will be granted.
SO ORDERED
_____/s____________________________
Anne Y. Shields
United States Magistrate Judge
Central Islip, New York
April 7, 2015