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KUNICA v. ST. JEAN FINANCIAL

August 16, 1999

RICHARD D. KUNICA, PLAINTIFF,
v.
ST. JEAN FINANCIAL, INC. AND WALTER L. ROGERS, DEFENDANTS.



The opinion of the court was delivered by: Sweet, District Judge.

  OPINION

Plaintiff Richard D. Kunica ("Kunica") has moved: (1) pursuant to Local Rule 6.3 and Rule 59(e) of the Federal Rules of Civil Procedure for reconsideration of this Court's opinion of April 22, 1999 (the "Opinion") granting the motion of defendants St. Jean Financial, Inc. ("St.Jean") and Walter L. Rogers ("Rogers," and collectively the "Defendants") for summary judgment and dismissing the complaint; (2) for an order, pursuant to 28 U.S.C. § 1447(c), requiring Defendants to pay Kunica costs and attorneys' fees incurred in this action from May 23, 1997; and (3) to remand this case to the Supreme Court of New York, County of New York. Defendant St. Jean has moved, pursuant to Fed. R.Civ.P. 59(e) for an order amending the judgment to dismiss and remand Kunica's state court claims against defendant Rogers.

For the reasons set forth below, St. Jean's motion is granted, and Kunica's motions are denied.

The Parties

Kunica is a Canadian resident.

St. Jean is a Delaware corporation with a registered address in Wilmington, Delaware, and principal places of business in New York, New York and London, England.

According to the complaint, Rogers is a New York resident and was at all relevant times Director of St. Jean.

Prior Proceedings and Facts

The facts and prior proceedings of this action are set forth in the prior opinions of the Court, familiarity with which is assumed. See Kunica v. St. Jean Financial, Inc., 233 B.R. 46 (S.D.N.Y. 1999); Kunica v. St. Jean Financial, Inc., 1998 WL 437153 (S.D.N.Y. August 3, 1998). Those facts and prior proceedings relevant to the instant motion are set forth below.

Kunica commenced this action in the Supreme Court of the State of New York, County of New York, by filing a Summons with Notice on March 27, 1997. On May 23, 1997, the Defendants removed the case to this Court on diversity grounds. Kunica filed the Complaint on October 31, 1997.

Defendants filed a motion to dismiss on December 22, 1997. Kunica then filed an amended complaint (the "First Amended Complaint") on January 30, 1998, and Defendants withdrew their motion to dismiss on February 23, 1998 by stipulation.

On March 6, 1998, Defendants filed a motion to dismiss this action, and to dismiss Kunica's claim for punitive damages. By Opinion and Order dated August 3, 1998, the Court granted the motion to dismiss plaintiff's claims as to breach of oral agreement, fraud and tortious interference with business relations, and dismissed Kunica's claim for punitive damages. Plaintiff's claims for breach of written agreement and promissory estoppel were sustained. See Kunica, 1998 WL 437153.

Defendants filed their motion for summary judgment on October 27, 1998. On April 22, 1999, the Court issued the Opinion granting summary judgment and dismissing the complaint.

Kunica filed the instant motions on May 17, 1999, and St. Jean filed its motion to amend the judgment on May 26, 1999. Submissions were received through June 23, 1999, at which time the motions were deemed fully submitted.

Discussion

I. Kunica's Motion for ...


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