Daimlerchrysler Insurance Ex Rel. Chrysler Financial Co. v. Pambianchi

11-1144-cv(L) DaimlerChrysler Insurance Co. v. Pambianchi, et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 15th day of May, two thousand twelve. 5 6 PRESENT: RICHARD C. WESLEY, 7 RAYMOND J. LOHIER, JR., 8 CHRISTOPHER F. DRONEY, 9 Circuit Judges. 10 11 12 DAIMLERCHRYSLER INSURANCE COMPANY, as subrogee of CHRYSLER 13 FINANCIAL CO LLC, 14 15 Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, 16 17 -v.- 11-1144-cv (Lead) 18 11-1217-cv (XAP) 19 20 JOHN A. PAMBIANCHI, 21 22 Defendant-Third-Party Plaintiff-Counter-Claimant-Appellee- 23 Cross-Appellant, 24 25 CHRYSLER FINANCIAL COMPANY, LLC, 26 27 Third-Party Defendant-Cross-Appellee. 28 29 30 31 1 FOR APPELLANT: DAVID GORDON, Gordon & Haffner, LLP, 2 Harrison, NY, for Plaintiff-Counter- 3 Defendant-Appellant-Cross-Appellee, 4 DaimlerChrysler Insurance Company. 5 6 7 FOR CROSS-APPELLEE: BRIAN J. WHEELIN, (Brian E. Moran, 8 on the brief), Robinson & Cole LLP, 9 Stamford, CT, for Defendant-Third- 10 Party Plaintiff-Counter-Claimant- 11 Appellee-Cross-Appellant John A. 12 Pambianchi. 13 14 15 FOR CROSS-APPELLEE: ROBERT MIZRAHI, Buckley & Curtis, 16 P.A., New York, NY, for Third-Party 17 Defendant-Cross-Appellee, Chrysler 18 Financial Co., LLC. 19 20 Appeal from the United States District Court for the 21 District of Connecticut (Kravitz, J.) 22 23 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED 24 AND DECREED that the judgment of the United States District 25 Court for the District of Connecticut be AFFIRMED. 26 Plaintiff-Appellant DaimlerChrysler Insurance Company 27 appeals from a decision of the United States District Court 28 for the District of Connecticut (Kravitz, J.), denying 29 Plaintiff-Appellant’s request for prejudgment interest. 30 Defendant-Cross-Appellant John Pambianchi cross-appeals from 31 the district court’s grant of Plaintiff-Appellant’s motion 32 for summary judgment. 33 2 1 We review de novo a district court’s grant of summary 2 judgment, with the view that “[s]ummary judgment is 3 appropriate only if the moving party shows that there are no 4 genuine issues of material fact and that the moving party is 5 entitled to judgment as a matter of law.” Miller v. Wolpoff 6 & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir. 2003). 7 Upon such review, we affirm the district court’s grant 8 of summary judgment in Plaintiff-Appellant’s favor for 9 substantially the same reasons set forth in the district 10 court’s thorough Memorandum and Order. 11 We review the district court’s denial of Plaintiff- 12 Appellant’s request for prejudgment interest for abuse of 13 discretion. See Blakeslee Arpaia Chapman, Inc. v. EI 14 Constructors, Inc., 239 Conn. 708, 734 (1997). We do not 15 reach the question on which the court based its decision, 16 namely, whether DaimlerChrysler Insurance sufficiently 17 raised the issue of pre-judgment interest to permit 18 consideration of whether Pambianchi wrongfully withheld 19 money due to DaimlerChrysler Insurance Company. Instead, we 20 find that the district court’s determination that equitable 21 considerations counseled against awarding prejudgment 22 interest was not an abuse of discretion. 23 3 1 For the foregoing reasons, the judgment of the district 2 court is hereby AFFIRMED. 3 FOR THE COURT: 4 Catherine O’Hagan Wolfe, Clerk 5 6 4