Wallach et al v. Lardos et al

Filing 124

ORDER granting in part and denying in part 85 Motion for Summary Judgment; granting in part and denying in part 89 Motion for Partial Summary Judgment. For the reasons stated at today's hearing, summary judgment is granted to Plaintiff Ra ptor on Defendants Wallach and Beth's counterclaim for declaratory relief that "all principal and interest owed under the Promissory Note be accelerated and be deemed immediately due and owing." Dkt. 53 135(c). The remainder of the par ties' summary judgment motions are denied. It is further ordered that no later than September 17, 2020, the parties shall submit a joint letter to the Court: (1) proposing a schedule for additional discovery and trial, (2) informing the Court wh ether the parties consent to resume settlement negotiations before a magistrate judge or mediation, (3) informing the Court whether the parties intend to proceed with a bench trial or a jury trial, and whether they consent to holding trial remotely, and (4) addressing whether the issues presented in pending motions at Dkt. 112 and Dkt. 115 in case No. 16-cv-3430 and at Dkt. 97 and Dkt. 100 in case No. 16- cv-5392 still require resolution. The Clerk of Court is respectfully directed to terminate the motions pending at Dkt. 100 and Dkt. 104 in case No. 16-cv-3430 and the motions pending at Dkt. 85 and Dkt. 89 in case No. 16-cv-5392.. (Signed by Judge Ronnie Abrams on 9/3/2020) (rj)

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Case 1:16-cv-05392-RA Document 124 Filed 09/03/20 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAPTOR TRADING SYSTEMS, INC., USDC-SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: 9-3-20 Plaintiff, 16-CV-3430 (RA) v. ORDER BETH, et al., Defendants. WALLACH, et al., Plaintiffs, 16-CV-5392 (RA) v. ORDER LARDOS, et al., Defendants. RONNIE ABRAMS, United States District Judge: For the reasons stated at today’s hearing, summary judgment is granted to Plaintiff Raptor on Defendants Wallach and Beth’s counterclaim for declaratory relief that “all principal and interest owed under the Promissory Note be accelerated and be deemed immediately due and owing.” Dkt. 53 ¶ 135(c). The remainder of the parties’ summary judgment motions are denied. It is further ordered that no later than September 17, 2020, the parties shall submit a joint letter to the Court: (1) proposing a schedule for additional discovery and trial, (2) informing the Court whether the parties consent to resume settlement negotiations before a magistrate judge or mediation, Case 1:16-cv-05392-RA Document 124 Filed 09/03/20 Page 2 of 2 (3) informing the Court whether the parties intend to proceed with a bench trial or a jury trial, and whether they consent to holding trial remotely, and (4) addressing whether the issues presented in pending motions at Dkt. 112 and Dkt. 115 in case No. 16-cv-3430 and at Dkt. 97 and Dkt. 100 in case No. 16-cv-5392 still require resolution. The Clerk of Court is respectfully directed to terminate the motions pending at Dkt. 100 and Dkt. 104 in case No. 16-cv-3430 and the motions pending at Dkt. 85 and Dkt. 89 in case No. 16-cv-5392. SO ORDERED. Dated: September 3, 2020 New York, New York RONNIE ABRAMS United States District Judge

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