Great Lakes Reinsurance SE v. Peter Herzig
- Paul Gardephe
- 1:16-cv-09848
- U.S. District Court · Southern District of New York
- 2
In Great Lakes Reinsurance v. Herzig, Judge Gardephe dismissed three claims on consent, set briefing deadlines, and scheduled trial while treating two future rulings as assumptions.
Great Lakes Reinsurance (UK) SE’s First, Third, and Fourth Causes of Action were dismissed on consent. Herzig’s First, Second, and Third Counterclaims were scheduled for a bench trial; the order directed the parties to assume, for pretrial preparation, that his reconsideration motion would be denied and his Fourth Counterclaim would be dismissed.
What happened
In Great Lakes Reinsurance (UK) SE v. Peter Herzig, the court followed up on an earlier order that had granted in part and denied in part Great Lakes’s motion for summary judgment. The earlier order required Great Lakes to explain why three of its claims should not be dismissed and required Herzig to address his counterclaims.
Great Lakes agreed to dismissal of its First, Third, and Fourth Causes of Action, and the court dismissed those claims on consent. The court also set deadlines for Great Lakes’s response and Herzig’s reply concerning Herzig’s motion for reconsideration. It scheduled a bench trial on Herzig’s First, Second, and Third Counterclaims.
Judge Paul G. Gardephe ordered the parties to prepare for the July 10, 2023 trial and stated that, for pretrial-planning purposes, they should assume Herzig’s reconsideration motion would be denied and his Fourth Counterclaim would be dismissed. The order did not state that either of those assumed outcomes had already been entered.
The detailed version
- Great Lakes Reinsurance SE v. Peter Herzig · No. 1:16-cv-09848
- Paul Gardephe
- June 9, 2023
Background
On May 18, 2023, the court issued a memorandum opinion and order that granted in part and denied in part Great Lakes Reinsurance (UK) SE’s motion for summary judgment. That order required Great Lakes to show cause—meaning explain why the court should not take a proposed action—regarding the First, Third, and Fourth Causes of Action in its Second Amended Complaint. It also required Peter Herzig to state whether he intended to proceed to trial on his First, Second, and Third Counterclaims and to show cause why his Fourth Counterclaim should not be dismissed.
The parties submitted their required letters on June 1, 2023. That same day, Herzig moved for reconsideration of the earlier ruling.
Rulings and scheduling
Great Lakes stated that it had no objection to an order dismissing its First, Third, and Fourth Causes of Action without prejudice. The court therefore ordered that those three causes of action were dismissed on consent. The opinion does not describe a merits determination for those claims in this order.
Great Lakes, with Herzig’s consent, requested additional time to oppose the reconsideration motion. The court instead ordered that Great Lakes’s opposition was due June 22, 2023, and that any reply from Herzig was due June 29, 2023.
The court scheduled a bench trial on Herzig’s First, Second, and Third Counterclaims for July 10, 2023. The parties’ joint pretrial order and any motions asking the court to limit trial evidence were due June 26, 2023, with responses due July 3, 2023.
Status of other claims and motion
For purposes of preparing the joint pretrial order and motions in limine, the court instructed the parties to assume that Herzig’s motion for reconsideration would be denied and that his Fourth Counterclaim would be dismissed. The order did not state that the court had already denied the reconsideration motion or dismissed the Fourth Counterclaim. Judge Paul G. Gardephe signed the order on June 9, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.