Starr Indemnity & Liability Co. v. Marine Environmental Remediation Group, LLC

Filing 96

ORDER denying without prejudice to renewal 77 Motion for Partial Summary Judgment; denying without prejudice to renewal 77 Motion to Dismiss. In light of the bankruptcy stay, this motion is DENIED, without prejudice to renewal, if the partie s seek to proceed with the motion after the stay is lifted. At that time, Plaintiff shall renew the motion by re-filing a notice of motion, and listing in the notice the corresponding docket numbers for any already-filed supporting briefs and materials. Parties need not re-file the motion's supporting briefs and materials. (Signed by Judge Lorna G. Schofield on 2/13/2020) (cf)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 2/13/2020

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
STARR INDEMNITY & LIABILITY
COMPANY,
Plaintiff,

17 Civ. 9881 (LGS) (HP)
v.
MARINE ENVIRONMENTAL REMEDIATION
GROUP, LLC,
Defendant.
PLAINTIFF'S NOTICE OF MOTION FOR
PARTIAL SUMMARY JUDGMENT AND
TO DISMISS FOR FAILURE TO STATE A CLAIM
PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law, the
accompanying Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1(a)
dated April 3, 2019, the accompanying Declaration of Kevin J.B. O'Malley executed on April 3,
2019 and the exhibits thereto, the accompanying Declaration of Russell Brown executed on May
11, 2018 and the exhibits thereto, the Declaration of Lincoln Purdy executed on May 10, 2018
(ECF Doc. 34-4) and the exhibits thereto, the Declaration of Frank Magaraci executed on April
3, 2019, and the pleadings herein, Plaintiff Starr Indemnity & Liability Company will move this
Court, before the Honorable Lorna G. Schofield, United States District Judge, United States
Court House, 40 Centre Street, Courtroom 1106, New York, New York 10007, as soon as
counsel may be heard, for an order
(1)

pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary

judgment in favor of Plaintiff Starr Indemnity & Liability Company and against Defendant

Marine Environmental Remediation Group, LLC on the First, Second and Sixth Causes of
Action in the Complaint (ECF Doc. 1) and on Count II of the Counterclaims (ECF Doc. 17);
(2)

pursuant to Rule 12(c) of the Federal Rules of Civil Procedure dismissing Counts

V and VI of the Counterclaims (ECF Doc. 17) for failure to state a plausible claim; and
(3)

granting such other and further relief as the Court deems just and proper under the

circumstances.
Dated: New York, New York
April 3, 2019
Respectfully submitted,
In light of the bankruptcy stay, this motion is
DENIED, without prejudice to renewal, if the
parties seek to proceed with the motion
after the stay is lifted. At that time, Plaintiff
shall renew the motion by re-filing a notice
of motion, and listing in the notice the
corresponding docket numbers for any
already-filed supporting briefs and
materials. Parties need not re-file the
motion's supporting briefs and materials.
Dated: February 13, 2020
New York, New York

NICOLETTI HORNIG & SWEENEY
Attorneys for Plaintiff
By:

S/ Kevin J.B. O'Malley
Guerric S.D.L. Russell
Terry L. Stoltz
Kevin J.B. O'Malley
Wall Street Plaza
88 Pine Street, Seventh Floor
New York, New York 10005
[phone]
[e-mail]
[e-mail]
[e-mail]

2