Community Association Underwriters of America, Inc. v. Advanced Chimney Inc. et al

Filing 71

MEMORANDUM OF DECISION AND ORDER granting 30 Motion to Consolidate. ORDERED that the March 5, 2018 letter motion to consolidate Case Numbers 17-cv- 01207 and 17-cv-6710 is granted; and it is further ORDERED that the Clerk of Court is directed to consolidate the two actions set forth above under Case Number 17-cv-01207 and Case Number 17-cv-6710 is to be closed; and it is further ORDERED that the consolidated action shall proceed under Case Number 17-cv-01207, and that all filings are to be made only under Case Number 17-cv-01207; and it is further ORDERED that the Plaintiffs in each action are directed to file, within fourteen days of the date of this Order, a Consolidated Complaint incorporating the claims of the Complaint in the Firs t Filed Action and the Complaint in the Second Filed Action. The Consolidated Complaint shall not assert new allegations against the Defendants and the Defendants, having answered the Complaints in the First Filed Action and the Second Filed Action, will be under no obligation to file additional answers to the Consolidated Complaint; and it is further ORDERED that the Defendants are directed to file, within fourteen days of the date of this Order, a Consolidated Third Party Complaint incorporati ng the claims of the Third Party Complaint in the First Filed Action and the Third Party Complaint in the Second Filed Action.The Consolidated Third Party Complaint shall not assert new allegations against the Third Party Defendants. Third Party Defe ndants that have already answered the Complaints in the First Filed Action and the Second Filed Action will be under no obligation to file additional answers to the Consolidated Third Party Complaint. Third Party Defendants who are required to answer by October 4, 2018 shall answer by the later of October 4, 2018 or seven days after the filing of the Consolidated Third Party Complaint. This Order shall not affect the deadlines for any Third Party Defendants subject to a motion seeking a default judgment against them. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 9/21/2018. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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COMMUNITY ASSOCIATION
UNDERWRITERS OF AMERICA, INC.
Plaintiff,

FILED 
CLERK 

1:27 pm, Sep 21, 2018

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

MEMORANDUM OF
DECISION AND ORDER

-against2:17-cv-01207 (ADS)(GRB)
ADVANCED CHIMNEY, INC., et al.
Defendants.
---------------------------------------------------------X
LIBERTY INSURANCE CORPORATION,
Plaintiff,
-against2:17-cv-06710 (ADS)(GRB)
ADVANCED CHIMNEY INC., et al.
Defendants.
---------------------------------------------------------X
APPEARANCES:
de Luca Levine LLC
Counsel for Community Association Underwriters of America, Inc.
100 Church Street Suite 800
New York, NY 10007
By:
Daniel J. de Luca, Esq., Of Counsel
Clark & Fox
Counsel for Community Association Underwriters of America, Inc.
404 5th Avenue 3rd Floor
New York, NY 10018
By:
Joshua Levi Seltzer, Esq., Of Counsel.
Harris, King, Fodera, and Correia
Counsel for Liberty Insurance Corporation
1 Battery Park Plaza 30th Floor
New York, NY 10004-1437
By:
Mark S Labe, Esq., Of Counsel

Law Office of Andrea G. Sawyers
Counsel for Advanced Chimney, Inc. and Advanced Maintenance, Inc.
3 Huntington Quadrangle Suite 102s
Melville, NY 11747
By:
David I. Robinson, Esq., Of Counsel.
Hannum Feretic Prendergast & Merlino LLC
Counsel for Advanced Chimney, Inc. and Advanced Maintenance, Inc.
55 Broadway, Suite 202
New York, NY 10006
By:
Kevin John Stimpfl, Esq., Of Counsel.
Bello Larkin
Counsel for Thomas Halstead and Judith Katz
150 Motor Parkway Suite 405
Hauppauge, NY 11788
By: Wayne Paul Esposito, Esq., Of Counsel.
Westerman Ball Ederer Miller & Sharfstein, LLP
Counsel for Carl Vernick
1201 RXR Plaza
Uniondale, NY 11556
By: William Edward Vita, Esq., Of Counsel.
SPATT, District Judge:
By letter dated March 5, 2018, Advanced Chimney, Inc. and Advanced Maintenance Inc.
d/b/a/ Advanced Chimney, on behalf of, and with the consent of all parties, requested that the
Court consolidate the above-captioned actions, Case Numbers 17-cv-01207 (“the First Filed
Action”) and 17-cv-6710 (“the Second Filed Action”), for all purposes. Both these actions are
subrogation actions seeking recovery for property damage allegedly resulting from a fire that
occurred at a condominium building.
Pursuant to Federal Rule of Civil Procedure 42(a), the Court grants the parties’ request
for consolidation for all purposes, as it finds that these actions involve common questions of law
and fact. Accordingly, it is hereby

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ORDERED that the March 5, 2018 letter motion to consolidate Case Numbers 17-cv01207 and 17-cv-6710 is granted; and it is further
ORDERED that the Clerk of Court is directed to consolidate the two actions set forth
above under Case Number 17-cv-01207 and Case Number 17-cv-6710 is to be closed; and it is
further
ORDERED that the consolidated action shall proceed under Case Number 17-cv-01207,
and that all filings are to be made only under Case Number 17-cv-01207; and it is further
ORDERED that the Plaintiffs in each action are directed to file, within fourteen days of
the date of this Order, a Consolidated Complaint incorporating the claims of the Complaint in the
First Filed Action and the Complaint in the Second Filed Action. The Consolidated Complaint
shall not assert new allegations against the Defendants and the Defendants, having answered the
Complaints in the First Filed Action and the Second Filed Action, will be under no obligation to
file additional answers to the Consolidated Complaint; and it is further
ORDERED that the Defendants are directed to file, within fourteen days of the date of
this Order, a Consolidated Third Party Complaint incorporating the claims of the Third Party
Complaint in the First Filed Action and the Third Party Complaint in the Second Filed Action.
The Consolidated Third Party Complaint shall not assert new allegations against the Third Party
Defendants. Third Party Defendants that have already answered the Complaints in the First Filed
Action and the Second Filed Action will be under no obligation to file additional answers to the
Consolidated Third Party Complaint. Third Party Defendants who are required to answer by
October 4, 2018 shall answer by the later of October 4, 2018 or seven days after the filing of the
Consolidated Third Party Complaint. This Order shall not affect the deadlines for any Third
Party Defendants subject to a motion seeking a default judgment against them.

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SO ORDERED.
Dated: Central Islip, New York
September 21, 2018
____/s/ Arthur D. Spatt_____
ARTHUR D. SPATT
United States District Judge

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