Laureate Education, Inc. v. Insurance Company of the State of Pennsylvania, No. 1:2011cv07175 - Document 87 (S.D.N.Y. 2014)

Court Description: OPINION AND ORDER: For the reasons stated above, Defendant's Motion to Strike is GRANTED and the court considers the entire email chain, CWS-Curtin00004576 to CWS-Curtin00004609, attached as Exhibit 4 to Defendant's Motion to Strike Exhibit B. Plaintiff's motion for summary judgment on Count I, the interpretation of the earthquake deductible, is DENIED and Defendant's motion for summary judgment on Count I is GRANTED. Plaintiff's and Defendant's motions for summary judgment on Count II, calculating the time element portion of the deductible with respect to contract employee payroll, are DENIED. Plaintiffs motion for summary judgment on Count Ill, coverage of the UNAB Autopista location is GRANTED with respect t o business interruption coverage and Defendant's motion for summary judgment on Count Ill is GRANTED with respect to real property coverage and DENIED with respect to business interruption coverage. Plaintiff's motion for summary judgment on Count IV, the valuation of Plaintiff's real property loss, is GRANTED to the extent that Plaintiff is entitled to actual cash value but DENIED with respect to the proper measure of depreciation and Defendant's motion for summary judgment on Count IV is DENIED. Defendant's motion for summary judgment on Count V, damages, is DENIED. The Clerk of Court is respectfully directed to close the motions at Dkt. 57, Dkt. 61, and Dkt. 77. The parties' joint pretrial order and additio nal submissions required by Rule 5 of the Court's Individual Rules and Practices are due thirty (30) days from the date of this Order. This case shall be trial ready sixty (60) days from the date of this Order. The parties are ORDERED to call Case Manager, Steve Taronji to set a telephone conference on or before April 15, 2014. (Signed by Judge Claire R. Kelly on 3/31/2014) (cd)