CBF Industria De Gusa S/A et al v. Amci Holdings,Inc., et al

Filing 525

ORDER granting in part and denying in part 447 Motion for Sanctions; denying as moot 473 Letter Motion for Local Rule 37.2 Conference; granting 484 Letter Motion for Leave to File Document. For the reasons set forth in an Opinion and Or der to be filed today temporarily under seal, Plaintiffs' motion for sanctions is granted in part and denied in part, and sanctions pursuant to Rule 37(e)(1) of the Federal Rules of Civil Procedure shall be imposed on Defendants, consistent w ith the Opinion and Order. In addition, Plaintiffs' letter-motion for leave to file a reply expert report is granted. The Clerk of Court is respectfully directed to terminate the motions at Docket Nos. 447, 473, and 484, and mark Dkt. No. 447 as "granted in part and denied in part," Dkt. No. 473 as "denied as moot," and Dkt. No. 484 as "granted." SO ORDERED. (Signed by Magistrate Judge James L. Cott on 8/18/2021) (jca)

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Case 1:13-cv-02581-PKC-JLC Document 525 Filed 08/18/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X CBF INDUSTRIA DE GUSA S/A, et al., : : : Plaintiffs, : : -v: : AMCI HOLDINGS, INC., et al., : : Defendants. : ---------------------------------------------------------------X USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED: ______________ 8/18/2021 ORDER 13-CV-2581 (PKC) (JLC) JAMES L. COTT, United States Magistrate Judge. For the reasons set forth in an Opinion and Order to be filed today temporarily under seal, 1 Plaintiffs’ motion for sanctions is granted in part and denied in part, and sanctions pursuant to Rule 37(e)(1) of the Federal Rules of Civil Procedure shall be imposed on Defendants, consistent with the Opinion and Order. In addition, Plaintiffs’ letter-motion for leave to file a reply expert report is granted. The Clerk of Court is respectfully directed to terminate the motions at Docket Nos. 447, 473, and 484, and mark Dkt. No. 447 as “granted in part and denied in part,” Dkt. No. 473 as “denied as moot,” and Dkt. No. 484 as “granted.” SO ORDERED. Dated: August 18, 2021 New York, New York As the Opinion and Order refers to information that has been redacted in the parties’ motion papers and the accompanying exhibits, it will be temporarily filed under seal (and provided only to the parties and to Judge Castel in unredacted form by email). The parties will have until August 23 at 5:00 p.m. to advise the Court by email of proposed redactions, if any, for the Court’s review, and the Court will then determine how the Opinion and Order will be filed on the public docket. 1

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