Symphony Investment Partners, Inc. v. Keeco, LLC et al

Filing 110

ORDER withdrawing 107 Letter Motion for Discovery; terminating 109 Letter Motion to Stay re: 107 FIRST LETTER MOTION for Discovery to be Reopened for the Deposition of Steven H. Tishman addressed to Magistrate Judge Katharine H. Parker from Keeco, LLC by Stephen P. Brunner dated May 17, 2023., 109 LETTER MOTION to Stay or Abate because of global settlement addressed to Magistrate Judge Katharine H. Parker from Stephen P. Brunner and Jamie M. Brickell dated M ay 19, 2023. In light of the parties' representation that they have reached a resolution of this action, all deadlines in this action are stayed until Monday, March 4, 2024, to allow time for the settlement amount to be paid in full. Assu ming there are no issues with the payment of the settlement amount, the parties shall file a letter by Tuesday, March 5, 2024 addressed to the Honorable George B. Daniels requesting that the case be dismissed in light of the resolution. The Clerk of the Court is respectfully directed to terminate the motion at ECF 107 as withdrawn, and to terminate the motion at ECF 109 as resolved by this order. (Signed by Magistrate Judge Katharine H. Parker on 5/22/2023) (ate)

Case 1:20-cv-09892-GBD-KHP Document 109 Filed 05/19/23 Page 1 of 1

Stephen P. Brunner
Attorney at Law
115 Sansome Street, Suite 1250
San Francisco, California 94104

5/22/2023

[phone] (phone)
[e-mail]

May 19, 2023
In light of the parties' representation that they have reached a resolution of this action,
all deadlines in this action are stayed until Monday, March 4, 2024, to allow time for
the settlement amount to be paid in full. Assuming there are no issues with the
payment of the settlement amount, the parties shall file a letter by Tuesday, March 5,
VIA ECF FILING
2024 addressed to the Honorable George B. Daniels requesting that the case be
dismissed in light of the resolution.
Hon. Katharine H. Parker
United States Magistrate Judge The Clerk of the Court is respectfully directed to terminate the motion at ECF 107 as
Southern District of New York withdrawn, and to terminate the motion at ECF 109 as resolved by this order.

500 Pearl Street, Courtroom 17D
New York, New York 10007
5/22/2023

Re:

Symphony Investment Partners, Inc. v. Keeco, LLC and Richard Platt,
Case #: 1:20-cv-09892-GBD-KHP
.

Dear Magistrate Judge Parker:
This matter settled today between Symphony Investment Partners, Inc., and Keeco, LLC. As
a result, the matter is globally resolved. The terms of the settlement are along the lines we discussed
virtually on May 1. Your Honor’s assistance was very helpful in the parties getting to this point.
We are writing jointly because the settlement amount is agreed to be paid in installments on
or before August 15, 2023, February 1, 2024 and March 1, 2024. The full settlement amount is
agreed to be paid on or before the latter date.
Counsel for the parties are discussing mechanisms to give plaintiff a simple and effective
remedy if Keeco, LLC defaults on the payment terms. One idea is to abate the matter until March
2, 2024, subject to the matter being formally dismissed with prejudice on or about that date. Will
the Court agree to such an abatement?
Does this Court have a usual or typical mechanism under our facts?
Keeco, LLC withdraws its Letter Motion to reopen discovery to take the deposition of Steven
H. Tishman.
Respectfully Submitted,

Respectfully Submitted,

/s/ Jamie M. Brickell
Jamie M. Brickell
Partner
Attorneys for Plaintiff
Symphony Investment Partners, Inc.

/s/ Stephen P. Brunner
Stephen P. Brunner
Attorney for Defendant
Keeco, LLC