Frosco v. Pyramid Companies III

S.D. New York

Frosco v. Pyramid Companies III

942 F. Supp. 948, 1996 U.S. Dist. LEXIS 20488, 1996 WL 607400

District Court, S.D. New York·Decided October 21, 1996·No. No. 93 Civ. 1837 (JSR)·Published

Opinion

ORDER

RAKOFF, District Judge.

The Court’s Memorandum Order of September 27,1996 granted the motion for judgment on the pleadings of defendants Pyramid Companies III, Pyramid Management Group, Robert J. Congel, Leonard Leveen, PCM Development Company, Gary L. Dower, Riesling Associates, James A. Tuozzolo, Marc A Malfitano, Eldamar Associates, Thomas J. Valenti, Leslie G. Granger, Renee St. Pierre, Mark J. Congel, William L. Cap-pelletti and Peter C. Steingraber. However, the order then went on to direct the “Clerk to enter judgment.” Since there remains another defendant in this case, an entry of final judgment on the overall case would be premature. See Rule 56(d), Fed.R.Civ.P. Accordingly, the Memorandum Order of September 27, 1996 is hereby amended to delete the above-quoted sentence. Counsel for plaintiffs and the remaining defendant G.C. Monaco Electric & Daughter, Inc. are reminded that the final pre-trial conference in this case is scheduled for December 23,1996, at 4:00 p.m., at 300 Quarropas Street, Courtroom 521.

SO ORDERED.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

RAKOFF, District Judge.

The Court’s Memorandum Order of September 27,1996 granted the motion for judgment on the pleadings of defendants Pyramid Companies III, Pyramid Management Group, Robert J. Congel, Leonard Leveen, PCM Development Company, Gary L. Dower, Riesling Associates, James A. Tuozzolo, Marc A Malfitano, Eldamar Associates, Thomas J. Valenti, Leslie G. Granger, Renee St. Pierre, Mark J. Congel, William L. Cap-pelletti and Peter C. Steingraber. However, the order then went on to direct the “Clerk to enter judgment.” Since there remains another defendant in this case, an entry of final judgment on the overall case would be premature. See Rule 56(d), Fed.R.Civ.P. Accordingly, the Memorandum Order of September 27, 1996 is hereby amended to delete the above-quoted sentence. Counsel for plaintiffs and the remaining defendant G.C. Monaco Electric & Daughter, Inc. are reminded that the final pre-trial conference in this case is scheduled for December 23,1996, at 4:00 p.m., at 300 Quarropas Street, Courtroom 521.

SO ORDERED.

Frosco v. Pyramid Companies III, 942 F. Supp. 948, 1996 U.S. Dist. LEXIS 20488, 1996 WL 607400 (S.D.N.Y. 1996).

Pincite

942 F. Supp. 948 (Frosco v. Pyramid Companies III) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.