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State Farm Mutual Automobile Insurance Company v. Parisien, CV-18-289 (ILG). (2019)

Court: District Court, E.D. New York Number: infdco20191112d78 Visitors: 7
Filed: Nov. 08, 2019
Latest Update: Nov. 08, 2019
Summary: ORDER I. LEO GLASSER , District Judge . On November 26, 2018, this Court issued a preliminary injunction which temporarily stayed Defendants' right to further commence and prosecute any no-fault arbitrations and state court actions. (ECF No. 112). On November 1, 2019, Plaintiffs moved this Court to enforce the injunction, alleging its violation by four Defendants. 1 (ECF Nos. 199, 200). Exhibit A to Plaintiffs' memorandum of law lists six motions pending in New York state court, filed by
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ORDER

On November 26, 2018, this Court issued a preliminary injunction which temporarily stayed Defendants' right to further commence and prosecute any no-fault arbitrations and state court actions. (ECF No. 112).

On November 1, 2019, Plaintiffs moved this Court to enforce the injunction, alleging its violation by four Defendants.1 (ECF Nos. 199, 200). Exhibit A to Plaintiffs' memorandum of law lists six motions pending in New York state court, filed by those Defendants after the injunction took effect.2 (ECF No. 200-1). A hearing was held on Plaintiffs' motion, at the conclusion of which the Court found the injunction was willfully and unjustifiably violated. (ECF No. 203).

Plaintiffs' motion is GRANTED in its entirety. Defendants are ordered to withdraw the state court motions. They are further ordered to pay Plaintiffs' attorney any fees and costs incurred in making this motion, pending his submission of an affidavit specifying the amounts due.

SO ORDERED.

FootNotes


1. Plaintiffs allege violation by Defendants Charles Deng Acupuncture, P.C. ("Deng"), Francois Jules Parisien, M.D. ("Parisien"), Darren Mollo, D.C. ("Mollo") and Oleg Rybak ("Rybak"). (ECF No. 200 at 2).
2. Of the six state court motions, three are brought by Parisien, two by Deng and one by Mollo. All are supported by sworn affidavits by Rybak, as their attorney. (Id.)
Source:  Leagle

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