Davis v. Cumberland Farms, Inc.

Full title: MERRILL E. DAVIS and JEANNE P. DAVIS, Plaintiffs, v. CUMBERLAND FARMS…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Feb 5, 2013

1:10-CV-480 (FJS/RFT) (N.D.N.Y. Feb. 5, 2013)

Opinion

1:10-CV-480 (FJS/RFT)

02-05-2013

MERRILL E. DAVIS and JEANNE P. DAVIS, Plaintiffs, v. CUMBERLAND FARMS, INC., Defendant. CUMBERLAND FARMS, INC., Third-Party Plaintiff, v. NORTHEAST PETROLEUM TECHNOLOGIES, INC., Third-Party Defendant.

OFFICE OF ERIC SCHNEIDER Attorney for Plaintiffs OFFICE OF MITCHELL H. SPINAC Attorney for Plaintiffs NAPIERSKI, VANDENBURGH , NAPIERSKI & O'CONNOR, LLP Attorneys for Defendant/Third-Party Plaintiff WHITEMAN OSTERMAN & HANNA LLP Attorneys for Third-Party Defendant OF COUNSEL ERIC SCHNEIDER, ESQ. MITCHELL H. SPINAC, ESQ. EUGENE D. NAPIERSKI, ESQ. MARK J. DOLAN, ESQ. CHRISTOPHER M. MCDONALD, ESQ. JOHN J. HENRY, ESQ.

Frederick J. Scullin

APPEARANCES

OFFICE OF ERIC SCHNEIDER
Attorney for Plaintiffs
OFFICE OF MITCHELL H. SPINAC
Attorney for Plaintiffs
NAPIERSKI, VANDENBURGH ,
NAPIERSKI & O'CONNOR, LLP
Attorneys for Defendant/Third-Party Plaintiff
WHITEMAN OSTERMAN &
HANNA LLP
Attorneys for Third-Party Defendant

OF COUNSEL

ERIC SCHNEIDER, ESQ.

MITCHELL H. SPINAC, ESQ.

EUGENE D. NAPIERSKI, ESQ.
MARK J. DOLAN, ESQ.
CHRISTOPHER M. MCDONALD, ESQ.
JOHN J. HENRY, ESQ.

SCULLIN, Senior Judge

ORDER

Upon further review of the file in this matter, the Court hereby

ORDERS that the Court's January 29, 2013 Memorandum-Decision and Order is hereby AMENDED as follows:

DELETE Section "IV. CONCLUSION" in its entirety, including footnote 4; and

ADD the following:

IV. CONCLUSION

After carefully reviewing the entire record in this matter, the parties' submissions, and the applicable law, and for the above-stated reasons, the Court hereby

ORDERS that Cumberland's motion for summary judgment is GRANTED; and the Court further

ORDERS that Plaintiff Jeanne Davis' derivative claim is DISMISSED; and the Court further

ORDERS that NPT's motion for judgment on the pleadings is DENIED as moot; and the Court further

ORDERS that Cumberland's third-party complaint against NPT is DISMISSED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment and close this case.

IT IS SO ORDERED.

Dated: February 5, 2013

Syracuse, New York

______________________

Frederick J. Scullin, Jr.

Senior United States District Court Judge