Filed: Mar. 23, 2016
Latest Update: Mar. 23, 2016
Summary: ORDER LEGROME D. DAVIS , District Judge . AND NOW, this 23rd day of March, 2016, upon consideration of the Motion for Summary Judgment of Plaintiff Leonard Becker (Doc. No. 125), and the Motion for Summary Judgment of Defendants The Bank of New York Mellon Trust Company, N.A. ("BNYM") and J.P. Morgan Trust Company, National Association (Doc. No. 126), and upon consideration of the parties' moving papers in this consolidated litigation, 1 it is hereby ORDERED, consistent with the rulings in
Summary: ORDER LEGROME D. DAVIS , District Judge . AND NOW, this 23rd day of March, 2016, upon consideration of the Motion for Summary Judgment of Plaintiff Leonard Becker (Doc. No. 125), and the Motion for Summary Judgment of Defendants The Bank of New York Mellon Trust Company, N.A. ("BNYM") and J.P. Morgan Trust Company, National Association (Doc. No. 126), and upon consideration of the parties' moving papers in this consolidated litigation, 1 it is hereby ORDERED, consistent with the rulings in ..
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ORDER
LEGROME D. DAVIS, District Judge.
AND NOW, this 23rd day of March, 2016, upon consideration of the Motion for Summary Judgment of Plaintiff Leonard Becker (Doc. No. 125), and the Motion for Summary Judgment of Defendants The Bank of New York Mellon Trust Company, N.A. ("BNYM") and J.P. Morgan Trust Company, National Association (Doc. No. 126), and upon consideration of the parties' moving papers in this consolidated litigation,1 it is hereby ORDERED, consistent with the rulings in the accompanying Memorandum, specifically as follows:
1. Defendants' motion for summary judgment on Count I of the Complaint in Becker I is DENIED.
2. Plaintiff's and Defendants' cross-motions for summary judgment on Count III of the Complaint in Becker I are DENIED.
3. Plaintiff's motion for summary judgment on Count I of the Complaint in Becker II is GRANTED in part, and DENIED in part, and Defendants' cross-motion for summary judgment on Count I of the Complaint in Becker II is DENIED.
4. Plaintiff's and Defendants' cross-motions for summary judgment on Count III of the Complaint in Becker II are DENIED.
5. Plaintiff's motion for summary judgment on Defendant BNYM's Counterclaim (Doc. No. 48) is GRANTED, in favor of Plaintiff and against Defendants. Defendants' cross-motion for summary judgment on the Counterclaim is DENIED. The Counterclaim is DISMISSED in its entirety, with prejudice.
6. Defendants' motions for summary judgment on Counts II, IV, and V of the Complaint in Becker II, and Defendants' request for summary judgment on the Complaint's demand in Becker II for exemplary and punitive damages, are DENIED.
The CLERK OF COURT is respectfully DIRECTED to TERMINATE Plaintiff's Motion for Summary Judgment (Doc. No. 125), Defendants' Motion for Summary Judgment (Doc. No. 126), and Defendant BNYM's Counterclaim (Doc. No. 48), for statistical purposes.
