Forensic (“USF”), who had inspected the home at issue and concluded that it had been damaged beyond repair by Hurricane Sandy, and (2) the conduct by defendant’s counsel at a subsequent evidentiary hearing before Magistrate Judge Brown to determine how the undisclosed initial report was modified into a second subsequent report, dated Janu(disclosed to plaintiffs), which eliminated certain observations by the engineer and reached the exact opposite conclusions – namely, that the defects in the home had not been caused by the storm, but rather were due to long-term deterioration. December 9, 2012) by George Hernemar, an engineer from U.S. Having carefully reviewed the record, it is absolutely clear to this Court that the process that led to the modification of the initial engineering report (including the removal of observations that were inconsistent with the new conclusions) was flawed, and the concealment of that initial report and the process that led to the new report (including conduct at the evidentiary hearing) has prejudiced plaintiffs in terms of delay and costs in this litigation, such that the sanctions were warranted. 1 Brown’s findings or his sanctions were clearly erroneous or contrary to law, as would be required for a reversal. The sanctions arose from (1) a failure by defendant and its counsel to disclose an initial written report (dated 1 The parties interchangeably spell plaintiff’s name “Raimey” and “Ramey.” Per the case caption, the Court will use Raimey. ![]() 7, 2014) (the “November 7 Order”), addressing the disclosure of draft engineering reports on insured properties allegedly affected by Hurricane Sandy, and imposing evidentiary sanctions on defendant Wright and monetary sanctions on its counsel for failing to obey discovery orders and causing undue delay to these proceedings. Brown on November 7, 2014, In re Hurricane Sandy Cases, - F.R.D. Plaintiffs alleged that their house was damaged by flooding during Hurricane Sandy, and that Wright wrongfully denied plaintiffs’ claim under Pending before the Court is defendant’s appeal of an order issued by Magistrate Judge Gary R. BIANCO, District Judge: Deborah Raimey 1 and Larry Raisfeld (“plaintiffs”) sued Wright National Flood Insurance Company (“Wright” or “defendant”)-a “Write Your Own” (“WYO”) flood insurance carrier and the issuer of a policy covering a house plaintiffs owned in Long Beach, New York-for breach of contract. _ No 14-MC-00041 (JFB) _ IN RE HURRICANE SANDY CASES _ MEMORANDUM AND ORDER Decem_ the policy by attributing the damage to longterm deterioration. 129 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK _ No 14-CV-00461 (JFB)(SIL)(GRB) _ DEBORAH RAIMEY AND LARRY RAISFELD, Plaintiffs, VERSUS WRIGHT NATIONAL FLOOD INSURANCE CO., Defendant. ![]() Wright National Flood Insurance Company Doc.
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