Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| April 21, 2005 | 1 | COMPLAINT against Trans World Entertainment Corporation ( Filing fee $ 250 receipt number ALB000726) filed by Priddis Music, Inc..(wbl, ) |
| April 21, 2005 | 2 | G.O. 25 FILING ORDER ISSUED Initial Conference set for 8/23/2005 09:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 8/15/2005. (wbl, ) |
| May 2, 2005 | 3 | SUMMONS Returned Executed by Priddis Music, Inc.. Trans World Entertainment Corporation served on 4/28/2005, answer due 5/18/2005. (Costello, Morgan) |
| May 24, 2005 | 4 | NOTICE of Appearance by John M. Donohue on behalf of Trans World Entertainment Corporation (Donohue, John) |
| May 24, 2005 | 5 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation re 4 Notice of Appearance of J. Matthew Donohue (Donohue, John) |
| May 24, 2005 | 6 | Letter from J. Matthew Donohue for Trans World Entertainment Corporation requesting Agreed Upon Extension of Time to Answer Complaint. (Donohue, John) |
| May 24, 2005 | 7 |  LETTER REQUEST AND ORDER Extending time to Answer or Otherwise respond to the Complaint, Answer due date updated for Trans World Entertainment Corporation answer due 6/3/2005. Signed by Judge David R. Homer on 5/24/05. (ban) |
| June 3, 2005 | 8 | NOTICE of Appearance by Philip J. Iovieno on behalf of Trans World Entertainment Corporation (Iovieno, Philip) |
| June 3, 2005 | 9 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation (Iovieno, Philip) |
| June 3, 2005 | 10 | MOTION to Dismiss Partially Motion Hearing set for 7/22/2005 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/5/2005 Reply to Response to Motion due by 7/11/2005. by Trans World Entertainment Corporation. (Attachments: # 1 Memorandum of Law in Support of Motion to Partially Dismiss# 2 Appendix Copies of Cases Reported Exclusively on Computerized Databases Exhibits 1 through 4# 3 Appendix Copies of Cases Reported Exclusively on Computerized Databases Exhibits 5 through 6# 4 Declaration of J. Matthew Donohue# 5 Exhibit(s) A to Donohue Declaration# 6 Exhibit(s) B through F to Donohue Declaration)(Iovieno, Philip) |
| June 3, 2005 | 11 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation Notice of Motion to Partially Dismiss (Iovieno, Philip) |
| June 28, 2005 | 12 | Letter from Morgan A. Costello for Priddis Music, Inc. requesting Adjournment of Motion Hearing Date and Briefing Deadlines submitted to Judge David N. Hurd. (Costello, Morgan) |
| June 30, 2005 | 13 | Endorsement ORDER granting the 12 Letter Request filed by Priddis Music, Inc. Signed by Judge David N. Hurd on 6/29/2005. (see) |
| July 15, 2005 | 15 | RESPONSE in Opposition re 10 MOTION to Dismiss Partially filed by Priddis Music, Inc.. (Costello, Morgan) |
| July 15, 2005 | 16 | CERTIFICATE OF SERVICE by Priddis Music, Inc. re 15 Response in Opposition to Motion (Costello, Morgan) |
| August 1, 2005 | 17 | REPLY to Response to Motion re 10 MOTION to Dismiss Partially filed by Trans World Entertainment Corporation. (Iovieno, Philip) |
| August 1, 2005 | 18 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation Reply Memorandum to Paintiff's Opposition to Motion to Partially Dismiss The Complaint (Iovieno, Philip) |
| August 22, 2005 | 19 | CIVIL CASE MANAGEMENT PLAN by Priddis Music, Inc.. (Costello, Morgan) |
| August 26, 2005 | 20 | ORDER, that deft's motion to dismiss the 1st & 6th Causes of Action, for Fraud & Conversion respectively, is GRANTED; that the 1st & 6th Causes of Action are DISMISSED; that deft's motion to dismiss the 5th Cause of Action for Unjust Enrichment is DENIED; that pltf's request for punitive damages is DISMISSED; that pltf has withdrawn the 3rd Cause of Action for Breach Good Faith & Fair Dealing & its request for atty's fees, & thus, those claims are DISMISSED; & that deft shall file & serve an answer to the 2nd, 4th, & 5th Causes of Action on or before 9/9/2005.Signed by Judge David N. Hurd on 8/26/2005. (see) |
| August 29, 2005 | 21 | Minute Entry for proceedings held before Judge David N. Hurd : Video Motion Hearing held on 8/26/2005 re 10 MOTION to Dismiss Partially filed by Trans World Entertainment Corporation, GRANTED IN PART/DENIED IN PART. Summary order to be filed. (Court Reporter Nancy Freddoso) (cmr, ) |
| August 23, 2005 | 22 | Minute Entry for proceedings held before Judge David R. Homer : Initial Pretrial Conference held on 8/23/2005. Appearances by Ken Gellhaus, Esq. and Morgan Costello, Esq. representing Priddis Music and Matt Donohue, Esq. and Phil Loveno, Esq. representing Trans World Entertainment. A pretrial scheduling order was issued. (ban) |
| August 31, 2005 | 23 | UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Albany. Joinder of Parties due by 11/1/2005. Amended Pleadings due by 11/1/2005. Discovery due by 6/1/2006. Motions to be filed by 8/1/2006. Deadline for completion of mediation is 12/1/2005. Signed by Judge David R. Homer on 8/31/05. (ban) |
| September 9, 2005 | 24 | ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Priddis Music, Inc. by Trans World Entertainment Corporation.(Iovieno, Philip) |
| September 9, 2005 | 25 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation (Iovieno, Philip) |
| September 20, 2005 | 26 | STIPULATION Selecting Neutral by Priddis Music, Inc., Trans World Entertainment Corporation selecting James Potter, Esq. as Mediator.(Gellhaus, Kenneth) |
| October 6, 2005 | 27 | Reply ANSWER to Counterclaim by Priddis Music, Inc..(Gellhaus, Kenneth) |
| February 8, 2006 | 28 | STATUS REPORT NOTICE. Status Report due by 2/23/2006. Signed by Judge David R. Homer on 2/8/06. (ban) |
| February 22, 2006 | 29 | STIPULATION Confidentiality Stipulation and Order by Trans World Entertainment Corporation submitted to Judge Hon. David R. Homer. (Donohue, J.) |
| February 22, 2006 | 30 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation regarding Confidentiality Stipulation and Order (Donohue, J.) |
| February 24, 2006 | 31 | STATUS REPORT Letter re: discovery and settlement discussions by Priddis Music, Inc.. (Gellhaus, Kenneth) |
| February 27, 2006 | 32 | ORDER granting the 29 Confidentiality Stipulation filed by Trans World Entertainment Corporation. Signed by Judge David N. Hurd on 2/27/2006. (see) |
| March 1, 2006 | 33 | Letter Motion from Morgan A. Costello for Priddis Music, Inc. requesting Modification of Scheduling Order to Extend Expert Disclosure Deadlines submitted to Judge Homer. (Costello, Morgan) |
| March 2, 2006 | 34 | ORDER granting 33 Letter Request. The motion filing ddl remains 8/1/06 . Signed by Judge David R. Homer on 3/2/06. (wjg, ) |
| April 26, 2006 | 35 | NOTICE by Trans World Entertainment Corporation of Withdrawal of Attorney J. Matthew Donohue. (Donohue, J.) |
| April 26, 2006 | 36 | NOTICE of Appearance by Robert Charles Tietjen on behalf of Trans World Entertainment Corporation (Tietjen, Robert) |
| April 26, 2006 | 37 | NOTICE of Appearance by Michael I. Endler on behalf of Trans World Entertainment Corporation (Endler, Michael) |
| April 26, 2006 | 38 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation for the Notice of Withdrawal for J. Matthew Donohue and the Notice of Appearance for Robert Tietjen and Michael Endler. (Endler, Michael) |
| April 26, 2006 | 39 | Letter Motion for Priddis Music, Inc. requesting Conference to resolve discovery issues submitted to Judge Homer. (Gellhaus, Kenneth) |
| April 27, 2006 | 40 | COURT NOTICE setting Pretrial Discovery Conference for 5/4/2006 at 02:30 PM in Albany before Magistrate Judge David R. Homer. (amt, ) |
| May 1, 2006 | 41 | RESPONSE TO LETTER BRIEF filed by Trans World Entertainment Corporation as to 40 Notice of Hearing and in Response to Plaintiff's letter to the Court dated April 26, 2006.. (Endler, Michael) |
| May 1, 2006 | 42 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation regarding letter to Hon. David Homer (Endler, Michael) |
| May 9, 2006 | 43 | Letter Motion for Priddis Music, Inc. requesting an extension of time to complete discovery submitted to Judge Homer. (Hall, Michael) |
| May 11, 2006 | 44 | ORDER granting 43 Letter Request for an extension of time to complete discovery; Discovery due by 8/1/2006. Motions to be filed by 10/1/2006. Trial Ready Deadline is 10/15/2006. Signed by Judge David R. Homer on 5/11/06. (amt, ) Modified on 5/11/2006 (tab, ). |
| July 19, 2006 | 45 | Letter Motion from Robert C. Tietjen for Trans World Entertainment Corporation requesting a telephone conference to discuss ongoing discovery diputes submitted to Judge David R. Homer. (Attachments: # 1 Exhibit(s) A-I to Judge Homer Letter)(Tietjen, Robert) |
| July 21, 2006 | 46 | Letter Motion for Priddis Music, Inc. submitted to Judge Homer. (Gellhaus, Kenneth) |
| July 21, 2006 | 47 | Letter Motion from Robert C. Tietjen for Trans World Entertainment Corporation requesting in response to Plaintiff's letter filed with the Court submitted to Judge Homer. (Tietjen, Robert) |
| July 24, 2006 | 48 | ORDER. The Defendants request for an order compelling plaintiff to serve supplemental responses to defendants interrogatories is DENIED. Discovery due by 9/1/2006. Motions to be filed by 10/1/2006. No further extension deadlines in this case will be granted. Signed by Judge David R. Homer on 7/24/06. (ban) |
| September 15, 2006 | 49 | Witness List by Priddis Music, Inc.. (Attachments: # 1 Affidavit Certificate of E-File)(Hall, Michael) |
| September 15, 2006 | 50 | Witness List by Trans World Entertainment Corporation. (Tietjen, Robert) |
| September 15, 2006 | 51 | CERTIFICATE OF SERVICE by Trans World Entertainment Corporation for Defendant's Rule 26(a)(3) Pre-Trial Disclosures (Tietjen, Robert) |
| September 28, 2006 | 52 | ORDER setting Settlement Conference for 10/20/2006 at 09:30 AM in Albany before Magistrate Judge David R. Homer. (pta ) |
| October 2, 2006 | 53 | MOTION for Summary Judgment by Defendant/ Counter-Claim Plaintiff TWEC Motion Hearing set for 11/24/2006 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 11/7/2006 Reply to Response to Motion due by 11/13/2006. by Trans World Entertainment Corporation. (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment# 2 Statement of Material Facts in Support of Motion for Summary Judgment# 3 Supplement Cases Reported Exclusively on Computerized Databases# 4 Declaration of Robert C. Tietjen# 5 Exhibit(s) A through E to Declaration# 6 Exhibit(s) F through H to Declaration# 7 Exhibit(s) I through K to Declaration# 8 Exhibit(s) L through M to Declaration# 9 Exhibit(s) N through O to Declaration# 10 Exhibit(s) P through GG to Declaration# 11 Certificate of Service)(Tietjen, Robert) |
| October 5, 2006 | 54 | LETTER BRIEF regarding scheduling issues by Priddis Music, Inc.. (Hall, Michael) |
| October 6, 2006 | 55 | ORDER endorsing 54 memo of understanding. Signed by Judge David N. Hurd on 10/6/06. (cbm, ) |
| October 19, 2006 | 56 | Letter Motion from Plaintiff for Priddis Music, Inc. requesting Response to plaintiff's settlement demand submitted to Judge Homer. (Hall, Michael) |
| October 19, 2006 | 57 | NOTICE by Priddis Music, Inc. Notice of Withdrawal of Morgan A. Costello, Esq. as attorney for plaintiff (Hall, Michael) |
| October 19, 2006 | 58 | RESPONSE TO LETTER BRIEF filed by Trans World Entertainment Corporation as to 56 Letter Request/Motion filed by Priddis Music, Inc.,. (Attachments: # 1 Certificate of Service)(Tietjen, Robert) |
| October 24, 2006 | 59 | JUDGMENT Dismissing Action By Reason of Settlement. (see) |
| November 17, 2006 | 60 | Letter Motion for Priddis Music, Inc. requesting Deadline to reopen case be extended 2 weeks until 12/8/06 submitted to Judge Homer. (Hall, Michael) |
| November 20, 2006 | 61 | ORDER granting 60 Letter Request. Deadline to reopen case extended to 12/8/06. Signed by Judge David R. Homer on 11/20/06. (ban) |
