Falls Lake National Insurance Company v. Nexus Builders Corp.
- Ronnie Abrams
- 1:21-cv-01403
- U.S. District Court · Southern District of New York
- 1
In Falls Lake v. Nexus Builders, Judge Abrams set filing deadlines and sought clarification of Falls Lake’s claims without deciding the case.
Falls Lake National Insurance Company, Hip Wah Hing Realty Corp., Nexus Builders Corp., Tho Binh Phan, United King Construction Corp., and Hao Da Xian Taoist Temple, Inc.
What happened
Falls Lake National Insurance Company v. Nexus Builders Corp. is an order about a pending motion to dismiss and Falls Lake’s claim seeking a default judgment against other defendants. The court did not decide whether Falls Lake or any defendant was legally right.
The court required Hip Wah Hing Realty Corp. to file its motion to dismiss by June 18, 2021. Falls Lake’s opposition was due July 9, and Hip Wah Hing’s reply was due July 19. The court also allowed Falls Lake to file a letter by July 9 explaining its claim against the remaining defendants.
Judge Ronnie Abrams directed Falls Lake to identify the legal claim it was asserting against defendants other than Nexus Builders Corp. and to explain what immediate, real dispute existed with Tho Binh Phan, United King Construction Corp., and Hao Da Xian Taoist Temple, Inc. The order did not grant or deny the motion to dismiss or resolve the default judgment claim.
The detailed version
- Falls Lake National Insurance Company v. Nexus Builders Corp. · No. 1:21-cv-01403
- Ronnie Abrams
- May 28, 2021
Nature of the Order
The court issued a scheduling and clarification order. It did not decide the pending motion to dismiss, the request to rescind the contract, or the default judgment claim.
Deadlines for Motion to Dismiss
The court ordered defendant Hip Wah Hing Realty Corp. to file its motion to dismiss no later than June 18, 2021. Plaintiff Falls Lake National Insurance Company’s opposition was due July 9, 2021, and Hip Wah Hing’s reply was due July 19, 2021.
Request for Clarification of Claims
The court permitted Falls Lake to file, by July 9, 2021, a letter supplementing its default judgment claim against the remaining defendants. The court specifically asked Falls Lake to identify the cause of action it was asserting against defendants other than Nexus Builders Corp., the party with which Falls Lake had entered the contract that Falls Lake sought to rescind.
The court also required Falls Lake to explain what substantial controversy—meaning a real and sufficiently immediate legal dispute—existed between Falls Lake and defendants Tho Binh Phan, United King Construction Corp., and Hao Da Xian Taoist Temple, Inc. This request concerned the requirement for issuing a declaratory judgment.
Disposition
The order set filing deadlines and requested additional clarification. It did not grant or deny Hip Wah Hing’s motion to dismiss and did not resolve Falls Lake’s default judgment claim.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.