Gardner et al v. Major Automobile Companies, Inc. et al
| Dorsey R. Gardner and John Francis O'Brien |
| Major Automobile Companies, Inc., Bruce Bendell, Harold Bendell, Eric L. Keltz, Steven Hornstock, Jeffrey M. Weiner, Alan Pearson and David Edelstein |
| HB Automotive Group, Inc., City World Acquisition Group, Inc., Major World Motors of Long Island City, L.L.C., Major World Chevrolet, L.L.C., City World Used Cars, LLC, City World Motors, L.L.C. and City World Imports, Inc. |
| Daily News, L.P. |
| 1:2011cv01664 |
| April 5, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Frederic Block |
| Vera M Scanlon |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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| Filing 230 STIPULATION of Dismissal by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
ORDER: Electronically endorsing the stipulation #230 by the parties. Ordered by Judge Frederic Block on 10/29/2015. (Innelli, Michael)
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| Filing 229 Letter MOTION for Extension of Time to File Rule 41 Stipulation of Dismissal (Assented-to) by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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ELECTRONIC ORDER: Plaintiff's letter application #229 dated 10/14/15 with the consent of the defendant's is GRANTED. By October 30, 2015 the parties shall ECF file their Rule 41 stipulation of dismissal. Ordered by Judge Frederic Block on 10/14/2015. (Innelli, Michael)
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ELECTRONIC ORDER DISMISSING CASE: This case is administratively close this case without prejudice to re-open with 30 days if the settlement does not happen. See minute entry dated 9/17/15. Ordered by Judge Frederic Block on 9/17/2015. (Innelli, Michael)
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| Minute Entry for proceedings held before Judge Frederic Block: Larry Varn, Esq. & Mark Rosen, Esq. for the plaintiff (by telephone); Robert Brodegaard, Esq & Ekaterina Schoenfeld, Esq for defendants Major Automobile, Bruce Bendall & Eric Keltz; Frank Schirripa, Esq. & John Blyth Esq for defendant Harold Bendall and Steven Harfenist, Esq for defendants Hornstock, Wiener, Pearson & Edelstein, all present. Status conference held on 9/17/2015. The Court inquires why this case settled on the eve of trial and why sanctions should not be imposed. The Court will administratively close this case without prejudice to re-open with 30 days if the settlement does not happen. The Court will not impose court costs. (Court Reporter: Anthony Mancusco (718) 613-2419) (Innelli, Michael) |
| Filing 228 Letter Motion to Appear by Telephone at 9/17 Status Conference by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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ELECTRONIC ORDER: Plaintiff's letter application #228 dated 9/16/15 is GRANTED and counsel may participate by telephone at the conference scheduled for September 17, 2015 @ 4PM. The Court will contact counsel at the telephone number already furnished to chambers. Ordered by Judge Frederic Block on 9/16/2015. (Innelli, Michael)
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SCHEDULING ORDER: The status conference scheduled for September 16, 2015 is being adjourned by the Court to September 17, 2015 @ 4:00PM. There will not be a formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 9/15/2015. (Innelli, Michael)
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SCHEDULING ORDER: A status conference is scheduled for September 16, 2015 @ 10AM so counsel can inform the Court why this case settled on the eve of trial and why sanctions should not be imposed. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. Ordered by Judge Frederic Block on 9/14/2015. (Innelli, Michael)
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| Minute Entry for proceedings held before Judge Frederic Block: Larry Varn, Esq. & Mark Rosen, Esq. for the plaintiff; Robert Brodegaard, Esq & Ekaterina Schoenfeld, Esq for defendants Major Automobile, Bruce Bendall & Eric Keltz; Frank Schirripa, Esq. & John Blyth Esq for defendant Harold Bendall and Steven Harfenist, Esq for defendants Hornstock, Wiener, Pearson & Edelstein, all present. Pre-trial conference held on 9/10/2015. Pre-trial matters and pending motions were all discussed and ruling were placed on the record. (Court Reporter: Frederic Guerino (718) 613-2503) (Innelli, Michael) |
| Filing 227 RESPONSE to Motion re #220 MOTION in Limine Precluding Plaintiff from introducing evidence of rescissory damages filed by Bruce Bendell, Eric L. Keltz. (Brodegaard, Robert) |
| Filing 226 Proposed Jury Instructions by Bruce Bendell, Eric L. Keltz (Brodegaard, Robert) |
| Filing 225 Proposed Jury Instructions by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
| Filing 224 RESPONSE to Motion re #220 MOTION in Limine Precluding Plaintiff from introducing evidence of rescissory damages filed by Harold Bendell. (Blyth, John) |
| Filing 223 RESPONSE in Opposition re #210 Letter MOTION in Limine to Preclude any Evidence or Testimony Regarding (i) Plaintiffs Exercise of Dissenters Rights and (ii) any Alleged Reputation of Plaintiff as a Greenmailer (same as 217 - with inadvertently omitted pages) filed by Bruce Bendell, Eric L. Keltz. (Brodegaard, Robert) |
| Filing 222 Letter MOTION in Limine to Preclude Certain Portions of Plaintiffs' Expert Report by Harold Bendell. (Blyth, John) |
| Filing 221 REPLY in Opposition re #220 MOTION in Limine Precluding Plaintiff from introducing evidence of rescissory damages Plaintiffs' Omnibus Opposition to Defendants' Motions in Limine filed by Dorsey R. Gardner. (Attachments: #1 2006 Proxy Statement, #2 Bendell Deposition Testimony) (Rosen, Mark) |
| Filing 220 MOTION in Limine Precluding Plaintiff from introducing evidence of rescissory damages by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Harfenist, Steven) |
| Filing 219 Letter MOTION in Limine to preclude evidence of Plaintiffs' alleged damages attributable to Harold Bendell by Harold Bendell. (Blyth, John) |
| Filing 218 RESPONSE to Motion re #214 MOTION in Limine No. 2 to Exclude Evidence of Derivative Claims as Irrelevant and Misleading, #213 MOTION in Limine No. 1 to Preclude Evidence Relating to Procedures Used in the 2006 Transaction filed by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Harfenist, Steven) |
| Filing 217 RESPONSE in Opposition re #210 Letter MOTION in Limine to Preclude any Evidence or Testimony Regarding (i) Plaintiffs Exercise of Dissenters Rights and (ii) any Alleged Reputation of Plaintiff as a Greenmailer filed by Bruce Bendell, Eric L. Keltz. (Brodegaard, Robert) |
| Filing 216 RESPONSE in Opposition re #210 Letter MOTION in Limine to Preclude any Evidence or Testimony Regarding (i) Plaintiffs Exercise of Dissenters Rights and (ii) any Alleged Reputation of Plaintiff as a Greenmailer filed by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Harfenist, Steven) |
| Filing 215 RESPONSE in Opposition re #208 Letter MOTION in Limine to Preclude Evidence of Advice of Counsel filed by Bruce Bendell, Eric L. Keltz. (Brodegaard, Robert) |
| Filing 214 MOTION in Limine No. 2 to Exclude Evidence of Derivative Claims as Irrelevant and Misleading by Bruce Bendell, Eric L. Keltz. (Brodegaard, Robert) |
| Filing 213 MOTION in Limine No. 1 to Preclude Evidence Relating to Procedures Used in the 2006 Transaction by Bruce Bendell, Eric L. Keltz. (Brodegaard, Robert) |
| Filing 212 Proposed Jury Instructions by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 211 NOTICE by Dorsey R. Gardner, John Francis O'Brien re #197 Fully Briefed MOTION for Summary Judgment on Behalf of All Parties Notice of Supplemental Authority in Support of Plaintiffs' Motion for Summary Judgment (Attachments: #1 In re Dole Food Co.) (Rosen, Mark) |
| Minute Entry for proceedings held before Judge Frederic Block: Larry Varn, Esq. & Mark Rosen, Esq. for the plaintiff; Robert Brodegaard, Esq for defendants Major Automobile, Bruce Bendell & Keltz; John Blyth, Esq for defendant Harold Bendell and Steven Harfenist, Esq ( by telephone) for defendants Hornstock and Weiner, Pearson & Edelstein, all present. Status conference held on 8/18/15. Counsels letters #206 & #207 with regards to trial dates and Jewish Holidays and other pre-trial matters were discussed. Jury selection and trial will now commence on September 16, 2015 @ 10am and counsel agree to have one of the judges law clerks preside over jury selection. The Court will still hold a pre-trial conference on September 10, 2015 @ 11AM to discuss any pre-trial matters and any pending in limine motions. Exhibit and witness list were given to counsel to fill out and exchange prior to the next conference date. (Court Reporter: Not Reported) (Innelli, Michael) |
| Filing 210 Letter MOTION in Limine to Preclude any Evidence or Testimony Regarding (i) Plaintiffs Exercise of Dissenters Rights and (ii) any Alleged Reputation of Plaintiff as a Greenmailer by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 209 Letter regarding status conference scheduled for August 18, 2015 by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
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SCHEDULING ORDER: A status conference is scheduled for August 18, 2015 @ 11AM before J. Block in Courtroom 10c, 10th Fl. to discuss the parties letters #206 & #207 as to the trial schedule. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. Ordered by Judge Frederic Block on 8/6/2015. (Innelli, Michael)
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| Filing 208 Letter MOTION in Limine to Preclude Evidence of Advice of Counsel by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 207 Letter regarding trial schedule by Dorsey R. Gardner, John Francis O'Brien (Varn, Larry) |
| Filing 206 Letter regarding upcoming trial by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
| Filing 205 Letter MOTION for Hearing re #198 Letter, #197 Fully Briefed MOTION for Summary Judgment on Behalf of All Parties by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Declaration of Mark B. Rosen with attached Exhibit A, selected pages from the transcript of the March 13, 2013 deposition of Eric Keltz) (Rosen, Mark) |
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ELECTRONIC ORDER: Plaintiff's letter application #205 dated 5/22/15 requesting oral argument is DENIED at this time. Counsel will be notified by an ECF order if the Court decides to schedule oral argument as to the pending summary judgment motions. Ordered by Judge Frederic Block on 5/22/2015. (Innelli, Michael)
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| Filing 204 Letter to Judge Block regarding courtesy copies of Motion for Summary Judgment by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 203 MOTION for Summary Judgment by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc.. (Attachments: #1 Declaration of Robert F. Brodegaard in Support, #2 Exhibit Exhibits A thru K to Brodegaard Declaration, #3 Exhibit Exhibits L thru AA to Brodegaard Declaration, #4 Exhibit Exhibit BB to Brodegaard Declaration, #5 Exhibit Exhibits CC thru KK to Brodegaard Declaration, #6 Exhibit Exhibits LL thru PP to Brodegaard Declaration, #7 Memorandum in Support of Motion for Summary Judgment, #8 Rule 56.1 Statement, #9 Memorandum in Opposition, #10 Declaration of Mark Rosen in Opposition with Exhibits A thru C, #11 Rule 56.1 Statement Plaintiffs' Counter-Statement, #12 Memorandum in Support) (Brodegaard, Robert) |
| Filing 202 Letter enclosing courtesy copies of Harold Bendell's fully-briefed motion for summary judgment and supporting papers by Harold Bendell (Blyth, John) |
| Filing 201 Fully Briefed MOTION for Summary Judgment on behalf of Harold Bendell and Plaintiffs by Harold Bendell. Responses due by 4/9/2015 (Attachments: #1 Memorandum in Support of Harold Bendell's Motion for Summary Judgment, #2 Declaration of Frank R. Schirripa dated February 13, 2015, #3 Rule 56.1 Statement of Material Facts, #4 Memorandum in Opposition Plaintiffs' omnibus opposition to all motions for summary judgment, #5 Declaration of Mark Rosen in Opposition dated March 18, 2015, #6 Rule 56.1 Statement Plaintiffs' Counter-Statement in response to Harold Bendell's Rule 56.1 Statement, #7 Memorandum in Support Harold Bendell's Reply Memorandum of Law in Support of Harold Bendell's Motion for Summary Judgment) (Blyth, John) |
| Filing 200 Letter enclosing courtesy copies of Outside Directors' fully-briefed motion for summary judgment and supporting papers by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
| Filing 199 Fully Briefed MOTION for Summary Judgment of behalf of Outside Directors and Plaintiff by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. Responses due by 4/9/2015 (Attachments: #1 Memorandum in Support of Outside Directors' Motion for Summary Judgment, #2 Declaration of Steven J. Harfenist dated February 13, 2015, #3 Rule 56.1 Statement of Material Facts, #4 Memorandum in Opposition Plaintiffs' omnibus opposition to all motions for summary judgment, #5 Declaration of Mark Rosen in Opposition dated March 18, 2015, #6 Rule 56.1 Statement Plaintiffs' Counter-Statement in response to the Outside Directors' Rule 56.1 Statement, #7 Memorandum in Support Outside Directors' Memoradum of Law in Further Support of Motion for Summary Judgment) (Harfenist, Steven) |
| Filing 198 Letter enclosing courtesy copies of Plaintiffs' fully-briefed motion for summary judgment and supporting papers [Doc. No. 197] by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 197 Fully Briefed MOTION for Summary Judgment on Behalf of All Parties by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Memorandum in Support of Plaintiffs Motion for Summary Judgment Against Defendants Bruce Bendell, Harold Bendell and the Director Defendants, #2 Declaration of Mark B. Rosen dated February 13, 2015, #3 Rule 56.1 Statement Plaintiffs L.R. 56.1 Statement of Undisputed Material Facts, #4 Memorandum in Opposition to Plaintiffs Motion for Summary Judgment, #5 Declaration of Robert F. Brodegaard in Opposition to Plaintiffs Motion for Summary Judgment, #6 Rule 56.1 Statement Defendants the Major Automotive Companies, Inc. and Bruce Bendells Counter-Statement in Response to Plaintiffs Rule 56.1 Statement of Material Facts, #7 Memorandum in Opposition Outside Directors Memorandum of Law in Opposition to Plaintiffs Summary Judgment, #8 Declaration of Steven J. Harfenist, #9 Memorandum in Opposition Defendant Harold Bendells Memorandum of Law in Opposition to Plaintiffs Motion for Summary Judgment, #10 Declaration of Frank R. Schirripa in Support of Defendant Harold Bendells Opposition to Plaintiffs Motion for Summary Judgment, #11 Rule 56.1 Statement Defendant Harold Bendells Rule 56.1 Statement of Undisputed Facts, #12 Memorandum in Support Plaintiffs Omnibus Reply Memorandum of Law in Support of Plaintiffs Motion for Summary Judgment Against Defendants Bruce Bendell, Harold Bendell and the Director Defendants, #13 Declaration of Mark B. Rosen dated April 9, 2015) (Rosen, Mark) |
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Filing 196
MEMORANDUM & ORDER: Keltzs motion #165 for summary judgment is denied. Ordered by Judge Frederic Block on 3/17/2015. (Innelli, Michael)
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ORDER. In reliance upon the Parties' joint letter at #195 , I certify that discovery, including expert discovery, is complete and that no further discovery requests are forthcoming. Ordered by Magistrate Judge Vera M. Scanlon on 3/6/2015. (Lozar, Ryan)
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| Filing 195 STATUS REPORT Joint letter in response to Order dated February 26, 2015 by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
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STATUS REPORT ORDER: By 3/5/2015, counsel must submit a joint letter as to the status of discovery, including all expert discovery. Ordered by Magistrate Judge Vera M. Scanlon on 2/26/2015. (Scanlon, Vera)
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| Minute Entry for proceedings held before Judge Frederic Block: Larry Varn, Esq. & Mark Rosen, Esq for the plaintiff; Robert Brodegaard, Esq for defendants Major Automobile; Bruce Bendell & Eric Keltz; Frank Schirripa, Esq for defendant Harold Bendell; Steven Harfenist, Esq for defendant Hornstock, Weiner, Pearson & Edelstein, all present. Oral argument held on 2/20/2015. Defendant Keltzs motion #165 for summary judgment was discussed. The issue as to whether this Court has authority to certify questions to the Nevada State Supreme Court was discussed and counsel will submit letter briefs on the issue. The Court reserves decision on the motion. Jury selection and trial is set for 9/14/15 @ 10AM and a pre-trial conference is set for 9/10/15 @ 11AM. Counsel were given copies of the Courts exhibit & witnesses lists forms and jury selection questions. Counsel agree to have a law clerk preside over jury selection. (Court Reporter: Holly Driscoll (718) 613-2274) (Innelli, Michael) |
| Filing 194 Letter Regarding Service of Defendants' Major & Bendell Summary Judgment Motion by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 193 Letter regarding service of Harold Bendell's Motion for Summary Judgment by Harold Bendell (Blyth, John) |
| Filing 192 Letter regarding service of Plaintiffs' Motion for Summary Judgment by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 191 STATUS REPORT Filed in Response to Order dated February 1, 2015 by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 190 Letter regarding service of Outside Directors Motion for Summary Judgment by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
| Filing 189 Letter MOTION to Adjourn Conference Regarding Oral Arugment on Defendant Keltz' Motion for Summary Judgment by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
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ELECTRONIC ORDER: Defendants Eric Keltz, Major Automotive Companies, Inc. and Bruce Bendell letter application #189 dated 2/6/15 with the consent of the plaintiff's is GRANTED. The oral argument scheduled for February 18, 2015 is adjourned to February 20, 2015 at 10:30 A.M. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this oral argument. Ordered by Judge Frederic Block on 2/6/2015. (Innelli, Michael)
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ORDER. At #188 , the Parties jointly move for a one-week extension of all dates in the summary judgment briefing schedule developed during the Court's 12/18/2014 conference (and memorialized at Docket Entry 2/1/2015). The motion is granted. On or before 2/13/2015, opening briefs must be served. On or before 3/18/2015, responses in opposition must be served. On 4/9/2015, the reply must be served and the fully bundled motion filed on ECF. It should be noted that this modification of the schedule does not affect the 2/18/2015 oral argument before the District Judge relating to different summary judgment proceedings. Ordered by Magistrate Judge Vera M. Scanlon on 2/4/2015. (Lozar, Ryan)
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| Filing 188 Letter Modifying Agreed-upon Briefing Schedule by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
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SCHEDULING ORDER: The Court is scheduling oral argument for February 18, 2015 at 1100 A.M. as to defendant's pending motion #165 for summary judgment. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this oral argument. Ordered by Judge Frederic Block on 2/3/2015. (Innelli, Michael)
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ORDER. During the 12/18/2014 conference, the Court ordered the Parties to follow this briefing schedule for their summary judgment motions. (1) Opening briefs to be served on or before 2/6/2015; (2) responses in opposition by 3/11/2015; and (3) replies served by 4/2/2015. The Parties' should file the motion on ECF fully bundled after the close of briefing. In addition, as discovery is scheduled to end on 2/6/2015 as per an earlier Order, the Parties must file a letter on ECF on or before 2/13/2015 informing the Court that that deadline was met and discovery closed. Ordered by Magistrate Judge Vera M. Scanlon on 2/1/2015. (Lozar, Ryan)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference on 12/18/2014. Mark Rosen appearing for Plaintiff. Robet Brodegaard for Defendants Major and Bruce Bendell. Steven Harfenist for Defendant Outside Directors. Frank Shirripa appearing for Defendant Harold Bendell. Please see separate docket entry for Orders. (Tape #2:44-3:01.) (Lozar, Ryan) |
| Filing 187 Letter Regarding Minute Order of October 17, 2014 by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) |
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ELECTRONIC ORDER: Defendant Major Automobile Co., letter application #187 dated 11/13/14 is granted in part and denied in part. The minute entry of 10/17/14 is AMENDED to reflect the submission by the parties of a stipulation of discontinuance and will leave it up to the parties to determine whether it should be with or without predujice. Ordered by Judge Frederic Block on 11/13/2014. (Innelli, Michael)
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| AMENDED Minute Entry for proceedings held before Judge Frederic Block: Larry Varn, Esq. for the plaintiff; Robert Brodegaard, Esq & Ekaterina Schoenfeld, Esq for defendant Major Automobile, Bruce Bendell & Kertz; Frank Schirripa, Esq for defendant Harold Bendell and Andrew King, Esq. for defendants Hornstock, Weiner, Pearson & Edelstein, all present. Pre-motion conference held on 10/17/2014. Defendant Major Automobile, Bruce Bendell & Kertzs and plaintiffs anticipated motions for summary judgment were discussed. Counsel for defendant Major Automobile will submit a stipulation of discontinuance and counsel will discuss whether they can agree on costs. Counsel will hold off on submitting their motion until after pursuing mediation. If the case does not settle counsel will submit an agreed upon briefing schedule as to their motions. (Court Reporter: Not Reported.) (Innelli, Michael) Modified on 11/13/2014 (Innelli, Michael). |
| Filing 186 ANSWER to #120 Amended Complaint, by Harold Bendell. (Blyth, John) |
| Filing 185 ANSWER to #120 Amended Complaint, by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Harfenist, Steven) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 10/9/2014. Appearances by Larry L. Varn and Mark B. Rosen for Plaintiffs Dorsey R. Gardner and John Francis O'Brien. Appearance by Robert F. Brodegaard for Defendants Major Automobile Companies, Inc., Bruce Bendell, Harold Bendell, Eric L. Keltz, Steven Hornstock, Jeffrey M. Weiner, Alan Pearson, and David Edelstein. The parties have mediation scheduled for 12/11/2014 before a private mediator. Discovery is progressing. (Tape #4:55-5:02.) (Priftakis, Tina) Modified on 10/10/2014 (Priftakis, Tina). Modified on 10/10/2014 (Priftakis, Tina). |
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Filing 184
ELECTRONIC ORDER: Plaintiff's letter application #178 dated 7/10/14 and defendant Major Automobile Company's letter application #176 dated 7/3/14 are GRANTED. A pre motion conference is scheduled for October 17, 2014 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then ECF file a letter application. Ordered by Judge Frederic Block on 10/8/2014. (Innelli, Michael) Modified on 10/8/2014 (Innelli, Michael).
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SCHEDULING ORDER: The telephone conference will occur on 10/8/2014 (as set by this Court's 9/19/2014 Order), not on 10/7/2014 (as set by the Court's 5/16/2014 Order). Ordered by Magistrate Judge Vera M. Scanlon on 10/1/2014. (Rice, Liane)
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SCHEDULING ORDER: A Telephone Conference is set for 10/8/2014 at 04:30 PM before Magistrate Judge Vera M. Scanlon. Plaintiffs are to initiate the conference by calling Chambers at (718) 613-2300 at the designated hour with all Parties on the line. Ordered by Magistrate Judge Vera M. Scanlon on 9/19/2014. (Lozar, Ryan)
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Filing 183
MEMORANDUM & ORDER: The motions to dismiss #154 & #156 are denied. Ordered by Judge Frederic Block on 9/18/2014. (Innelli, Michael)
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ORDER granting in part and denying in part #182 Motion for Extension of Time to Complete Discovery. On or before 11/14/2014, the Parties must serve their initial expert reports. On or before 1/5/2015, the Parties must serve their rebuttal expert reports. On or before 2/6/2015, expert discovery will close. As for the Parties' request that the Court adjourn the 12/18/2014 conference until after expert discovery closes, the request is denied and the 12/18/2014 telephone conference will take place as scheduled. The Parties should expect to discuss expert discovery progress with the Court on that date. Ordered by Magistrate Judge Vera M. Scanlon on 9/14/2014. (Lozar, Ryan)
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| Filing 182 Joint MOTION for Extension of Time to Complete Discovery [Extension of Expert Discovery Deadlines] by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 181 Letter in response to Plaintiffs request for a pre-motion conference by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
| Filing 180 Letter in response to Plaintiffs' pre-motion conference letter [Dkt. No. 178] by Bruce Bendell (Brodegaard, Robert) |
| Filing 179 Letter in response to Plaintiffs' request for a pre-motion conference by Harold Bendell (Blyth, John) |
| Filing 178 Letter MOTION for pre motion conference by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 177 Letter in response to Defendants' pre-motion conference letter [Doc. No. 176] by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 176 Letter Pursuant to Judge Block's Individual Motion Practices Requesting Pre-Motion Conference for Defendant Major's Motion for Summary Judgment by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) |
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SCHEDULING ORDER: Telephone Conference set for 10/7/2014 09:30 AM before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel is to initiate a conference call with counsel then call Chambers at (718) 613-2300 at the designated time. Ordered by Magistrate Judge Vera M. Scanlon on 5/16/2014. (Priftakis, Tina)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 5/16/2014. Appearances by Larry L. Varn and Mark B. Rosen for Plaintiffs Dorsey R. Gardner and John Francis O'Brien. Appearance by Robert F. Brodegaard for Defendants Major Automobile Companies, Inc., Bruce Bendell, Harold Bendell, Eric L. Keltz, Steven Hornstock, Jeffrey M. Weiner, Alan Pearson, and David Edelstein. (Tape #12:02-12:10, 12:14-12:25.) (Priftakis, Tina) |
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SCHEDULING ORDER: A Telephone Conference is set for 5/16/2014 at 12:00 PM before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel is to initiate the conference by calling 718 613 2300 at the designated hour with all Parties on the line. Ordered by Magistrate Judge Vera M. Scanlon on 5/10/2014. (Lozar, Ryan)
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| Filing 175 STATUS REPORT Regarding Proposed Settlement Process by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
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STATUS REPORT ORDER: The parties did not comply with the Court's Order of 4/15/14, entered after discussion with the parties, to submit a letter regarding their settlement process proposals. The letter must be submitted by 5/9/14. Ordered by Magistrate Judge Vera M. Scanlon on 5/1/2014. (Scanlon, Vera)
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| Filing 174 Letter in Response to Plaintiffs' Notice of Supplemental Authority (Dkt. 173) by Harold Bendell (Attachments: #1 Exhibit A) (Blyth, John) |
| Filing 173 NOTICE by Dorsey R. Gardner, John Francis O'Brien re #156 Motion to Dismiss for Failure to State a Claim against Harold Bendell for Breach of Fiduciary Duty Notice of Supplemental Authority Supporting Denial of Defendant Harold Bendell's Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B) (Rosen, Mark) |
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ORDER denying #164 Motion for Sanctions. Defendants the Major Automotive Companies, Bruce Bendell and Eric Keltz moved for an award of sanctions against Plaintiffs and their counsel based on Plaintiffs' allegedly submitting a false declaration and interrogatory responses, which allegedly came to light during the deposition of Plaintiff O'Brien, one of the trustees of the Plaintiff trust. The moving Defendants argue that the inconsistencies between Plaintiffs' documentary submissions and the O'Brien deposition show the falsity of the former. The motion lacks merit. First, it is worth noting that Plaintiff O'Brien's knowledge, or lack thereof, was the subject of several discussions between counsel and with the Court, with Plaintiffs repeatedly asserting that Mr. O'Brien did not have meaningful knowledge of the issues in dispute. Second, the moving Defendants claim that the declaration and interrogatories suggested otherwise, such that they took the O'Brien deposition without a clear record. As a named Plaintiff, Mr. O'Brien would likely have been deposed with or without the disputed documents, such that the movants are not prejudiced by having taken the O'Brien deposition. Third, the moving Defendants' argument does not satisfy the requirements of FRCP 37(c) because they have not shown that Plaintiffs failed to comply with a Court order. Most centrally, the O'Brien deposition questions are not extensive or specific enough to allow the Court to determine that the improper conduct alleged by the moving Defendants occurred, that the difficulties were not simply caused by Mr. O'Brien's possibly faulty recollection or that there even are substantive contradictions between Mr. O'Brien's statements and the interrogatories and declaration. See [164-18]. Certainly, the questioning in the deposition, and a comparison of the documents and the deposition, do not provide information that Mr. O'Brien or his counsel engaged in fraudulent conduct during discovery or in the deposition. The motion for sanctions is DENIED. Ordered by Magistrate Judge Vera M. Scanlon on 4/21/2014. (Scanlon, Vera)
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SCHEDULING ORDER: 1)Fact discovery must be completed by 6/30/2014. 2) By 6/13/2014, the parties will exchange the names of experts and area(s) of expertise. 3) Any initial expert reports must be served on or before 9/19/2014. 4) Any rebuttal expert reports must be served on or before 11/14/2014. 5) Expert discovery closes on 12/15/2014. 6) Telephone Conference set for 12/18/2014 02:30 PM before Magistrate Judge Vera M. Scanlon. 6) On or before 4/30/2014, the parties must file on ECF a joint letter as to a proposed settlement process. Ordered by Magistrate Judge Vera M. Scanlon on 4/15/2014. (Priftakis, Tina)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 4/15/2014. Appearance by Mark B. Rosen for Plaintiffs Dorsey R. Gardner and John Francis O'Brien. Appearance by Robert F. Brodegaard for Defendants Major Automobile Companies, Inc., Bruce Bendell and Eric L. Keltz. Appearance by Frank R. Schirripa and John Blythe for Defendant Harold Bendell. Appearance by Steven J. Harfenist for Defendants Steven Hornstock, Jeffrey M. Weiner, Alan Pearson, and David Edelstein. Appearance by Ekaterina Schoenefeld for Defendants HB Automotive Group, Inc., City World Acquisition Group, Inc., Major World Motors of Long Island City, L.L.C., Major World Chevrolet, L.L.C., City World Used Cars, LLC, City World Motors, L.L.C., and City World Imports, Inc. (Tape #4:08-5:14.) (Priftakis, Tina) |
| Filing 172 NOTICE of Appearance by John Anthony Blyth on behalf of Harold Bendell (aty to be noticed) (Blyth, John) |
| Filing 171 NOTICE of Change of Firm's Name/Address/Email by Steven J. Harfenist (Harfenist, Steven) |
| Filing 170 NOTICE of Change of Firm Name/Address/Email by Steven J. Harfenist (Harfenist, Steven) |
| Filing 169 REPLY in Opposition re #168 Notice(Other),, Letter Objecting to Plaintiffs' Notice of Supplemental Authority filed by Eric L. Keltz. (Brodegaard, Robert) |
| Filing 168 NOTICE by Dorsey R. Gardner, John Francis O'Brien re #165 Notice of MOTION for Summary Judgment for Defendant Keltz, #156 Motion to Dismiss for Failure to State a Claim against Harold Bendell for Breach of Fiduciary Duty, #154 Motion to Dismiss for Failure to State a Claim Plaintiffs' Notice of Supplemental Authority Supporting the Denial of Defendants' Pending Motions to Dismiss and for Summary Judgment (Attachments: #1 Exhibit A) (Rosen, Mark) |
| Incorrect Case/Document/Entry Information. Document #168 was deleted due to error in filing and will be refiled by Atty Mark B. Rosen. (Galeano, Sonia) |
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SCHEDULING ORDER: A Telephone Conference is set for 4/15/2014 at 04:00 PM before Magistrate Judge Vera M. Scanlon. The Parties shall expect to discuss Defendants' motion at #164 and discovery progress. Defendants will initiate the conference by phoning 718 613 2300 at the designated hour with all Parties on the line. Ordered by Magistrate Judge Vera M. Scanlon on 4/1/2014. (Lozar, Ryan)
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Filing 167
ORDER granting #149 Motion to Quash Littman Subpoena and for Related Protective Order. Please see attached document. Ordered by Magistrate Judge Vera M. Scanlon on 3/31/2014. (Lozar, Ryan)
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| Filing 166 RESPONSE in Opposition re #164 Letter MOTION for Sanctions filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A) (Rosen, Mark) |
| Filing 165 Notice of MOTION for Summary Judgment for Defendant Keltz by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc.. Responses due by 3/20/2014 (Attachments: #1 Rule 56.1 Statement Defendant Keltz' Rule 56.1 Statement of Undisputed Facts, #2 Memorandum in Support Defendant Keltz' Memorandum of Law in Support of Motion for Summary Judgment, #3 Declaration Declaration of Eric L. Keltz in Support of Motion for Summary Judgment, #4 Declaration Declaration of Robert F. Brodegaard in Support of Motion for Summary Judgment, #5 Notice of Motion Plaintiffs' Notice of Cross-Motion for Summary Judgment, #6 Rule 56.1 Statement Plaintiffs' L.R. 56.1 Statement of Undisputed Material Facts, #7 Rule 56.1 Statement Plaintiffs' Counter-Statement in Response to Defendant Keltz' Rule 56.1 Statement of Undisputed Facts, #8 Memorandum in Opposition Plaintiffs' Memorandum of Law in Opposition to Defendant Keltz' Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment, #9 Declaration Declaration of Mark B. Rosen in Opposition to Defendant Keltz' Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment (with Exhibits A through I), #10 Rule 56.1 Statement Defendant Keltz' Counter-Statement in Response to Plaintiffs' Rule 56.1 Statement of Undisputed Material Facts, #11 Memorandum in Support Defendant Keltz' Memorandum of Law in Further Support of Motion for Summary Judgment and in Opposition to Plaintiffs Cross-Motion for Summary Judgment, #12 Declaration Declaration of Robert F. Brodegaard in Further Support of Defendant Keltz' Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment) (Brodegaard, Robert) |
| Filing 164 Letter MOTION for Sanctions by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration Robert F. Brodegaard in Support, #3 Exhibit Exhibit A to Brodegaard Declaration in Support, #4 Exhibit Exhibit B to Brodegaard Declaration in Support, #5 Exhibit Exhibit C to Brodegaard Declaration in Support, #6 Exhibit Exhibit D to Brodegaard Declaration in Support, #7 Exhibit Exhibit E to Brodegaard Declaration in Support, #8 Exhibit Exhibit F to Brodegaard Declaration in Support, #9 Exhibit Exhibit G to Brodegaard Declaration in Support, #10 Exhibit Exhibit H to Brodegaard Declaration in Support, #11 Exhibit Exhibit I to Brodegaard Declaration in Support, #12 Exhibit Exhibit J to Brodegaard Declaration in Support, #13 Exhibit Exhibit K to Brodegaard Declaration in Support, #14 Exhibit Exhibit L to Brodegaard Declaration in Support, #15 Exhibit Exhibit M to Brodegaard Declaration in Support, #16 Exhibit Exhibit N to Brodegaard Declaration in Support, #17 Exhibit Exhibit O to Brodegaard Declaration in Support, #18 Exhibit Exhibit P to Brodegaard Declaration in Support, #19 Exhibit Exhibit Q to Brodegaard Declaration in Support) (Brodegaard, Robert) |
| Filing 163 MEMORANDUM in Opposition filed by Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 162 Letter Serving Cross-Motion for Summary Judgment and Supporting Papers by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 161 REPLY in Opposition re #160 Letter from Major Defendants' requesting oral argument filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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ORDER denying #160 Motion for Oral Argument. Defendants' Reply deadline is extended throughout and including 3/11/2014. Ordered by Magistrate Judge Vera M. Scanlon on 2/25/2014. (Priftakis, Tina)
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| Filing 160 Letter Requesting Oral Argument to Preclude Disclosure of Privileged Documents by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) Modified on 2/25/2014 (Priftakis, Tina). |
| Filing 159 REPLY in Opposition re #158 Reply to Response to Motion, Opposition to Plaintiffs' Letter to Judge Block re Request for Leave to File Surreply filed by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Harfenist, Steven) |
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ELECTRONIC ORDER: Plaintiff's letter application #158 dated 2/17/14 requesting to serve and ECF file a sur reply is DENIED. If the Court wishes any further submissions from counsel it will issue an ECF order to that effect. Ordered by Judge Frederic Block on 2/18/2014. (Innelli, Michael)
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| Filing 158 REPLY to Response to Motion re #154 Motion to Dismiss for Failure to State a Claim Letter to Judge Block re Request for Leave to File Surreply filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A) (Rosen, Mark) |
| Filing 157 MEMORANDUM in Support re #154 Motion to Dismiss for Failure to State a Claim filed by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Harfenist, Steven) |
| Filing 156 Motion to Dismiss for Failure to State a Claim against Harold Bendell for Breach of Fiduciary Duty by Harold Bendell. (Attachments: #1 Memorandum in Support, #2 Declaration in Support of Motion to Dismiss with Exhibit A, #3 Memorandum in Support Reply Memorandum in Further Support, #4 Exhibit Exhibit A to Reply - Sept. 5, 2013 hearing transcript, #5 Letter to Court enclosing motion briefing) (Schirripa, Frank) |
| Filing 155 MEMORANDUM in Opposition re #154 Motion to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Attachments: #1 Declaration) (Harfenist, Steven) |
| Filing 154 Motion to Dismiss for Failure to State a Claim by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Attachments: #1 Notice of Motion) (Harfenist, Steven) |
| Filing 153 REPLY to Response to Motion re #149 Notice of MOTION for Discovery Supplemental Briefing on Waiver of Privilege and Motion for Sanctions filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A - Keltz Deposition (3.13.13), #2 Exhibit B - Keltz Deposition (3.14.13)) (Rosen, Mark) |
| Filing 152 REPLY in Support re #149 Notice of MOTION for Discovery Supplemental Briefing on Waiver of Privilege filed by Major Automobile Companies, Inc.. (Attachments: #1 Declaration) (Brodegaard, Robert) |
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ORDER granting #151 Motion for Leave to File. A reply may be filed up to and including 2/10/14. Ordered by Magistrate Judge Vera M. Scanlon on 1/29/2014. (Scanlon, Vera)
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| Filing 151 MOTION for Leave to File Reply Regarding Privilege Issue by Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 150 Letter Attaching Defendant Keltz' Motion for Summary Judgment by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 149 Notice of MOTION for Discovery Supplemental Briefing on Waiver of Privilege by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Memorandum in Support Non-Waiver of Defendants' Privilege, #2 Declaration of Robert F. Brodegaard, #3 Memorandum in Opposition to Major Defendants' Memoradum of Law, #4 Declaration of Mark B. Rosen) (Rosen, Mark) |
| Filing 148 Letter with Proposed Scheduling Order Regarding Defendant Harold Bendell's and Outside Director Defendants' motion for dismissal by Harold Bendell, David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Schirripa, Frank) |
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SCHEDULING ORDER: By February 14, 2014 counsel shall ECF file their fully briefed motion as to defendants Bendell & Outside Directors with a hard courtesy copy to chambers. Ordered by Judge Frederic Block on 12/31/2013. (Innelli, Michael)
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| Filing 147 Proposed Scheduling Order Regarding Defendant Keltz' Motion for Summary Judgment by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) |
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SCHEDULING ORDER: By March 20, 2014 counsel shall ECF file their fully briefed motion as to defendant Keltz with a hard courtesy copy to chambers. Ordered by Judge Frederic Block on 12/30/2013. (Innelli, Michael) Modified on 12/31/2013 (Innelli, Michael).
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| Filing 146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9-5-2013, before Judge Block. Court Reporter/Transcriber Lisa Schwam, Telephone number 718-613-2268. Email address: LisaSchwam@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/26/2014. (Schwam, Lisa) |
| Minute Entry for proceedings held before Judge Frederic Block: Mark Rosen, Esq. & Larry Vann, Esq. for the plaintiff, Robert Brodegaard, Esq. for defendant Major Automobile; Steven Harfenist, Esq for defendant Hornstock, et al; Ekaterina Schoenfeld, Esq for defendant HB Automobile and Frank Schirripa, Esq for defendant Bendell, all present. Pre-motion conference held on 12/20/2013. All defendants anticipated motion to dismiss were discussed. Defendants Hornstock, et al & Bendell will serve & ECF file letter briefs as to their discreet legal issues as to damages. Defendant Major Auto will move for summary judgment. By December 30, 2013 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their motion according to J. Blocks motion rules. (Court Reporter: Not Reported) (Innelli, Michael) |
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Filing 145
SCHEDULING ORDER: Defendant Bendell's letter application #141 dated 11/19/13 and defendants Weiner, Hornstock, Pearson & Edelstein's letter application #142 dated 11/19/13 are GRANTED. A pre motion conference is scheduled in this case for December 20, 2013 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then ECF file a letter application. Ordered by Judge Frederic Block on 12/2/2013. (Innelli, Michael)
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| Filing 144 Letter in response to Defendants' pre-motion conference letters [Docs. 141 & 142] by Dorsey R. Gardner, John Francis O'Brien (Attachments: #1 Exhibit A - Hornstock Deposition, page 113, #2 Exhibit B - Keltz Deposition, select pages) (Rosen, Mark) |
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ORDER granting #143 Motion for Extension of Time to File. The deposition of Plaintiff Francis O'Brien must be completed on or before 12/23/2013. The papers of the parties seeking to assert the privilege are due on or before 12/18/2013. Opposition papers must be submitted on or before 1/17/2014. Ordered by Magistrate Judge Vera M. Scanlon on 11/21/2013. (Priftakis, Tina)
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| Filing 143 Letter Requesting Adjournments of O'Brien Deposition and Briefing Schedule by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) Modified on 11/21/2013 (Priftakis, Tina). |
| Filing 142 Letter Requesting Pre Motion Conference for Motion Pursuant to FRCP 12(b)(6) by David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner (Harfenist, Steven) |
| Filing 141 Letter Pursuant to Judge Block's Individual Motion Practices Requesting Pre-motion Conference for Motion to Dismiss Pursuant to FRCP 12(b)(6) by Harold Bendell (Schirripa, Frank) |
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ORDER granting #139 Motion for Extension of Time to Answer: Harold Bendell answer due 11/19/2013; David Edelstein answer due 11/19/2013; Steven Hornstock answer due 11/19/2013; Alan Pearson answer due 11/19/2013; Jeffrey M. Weiner answer due 11/19/2013. Ordered by Magistrate Judge Vera M. Scanlon on 11/18/2013. (Scanlon, Vera)
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| Filing 140 ANSWER to #120 Amended Complaint, by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 139 MOTION for Extension of Time to File Answer re #120 Amended Complaint, Stipulated to by All Parties by Harold Bendell, David Edelstein, Steven Hornstock, Alan Pearson, Jeffrey M. Weiner. (Schirripa, Frank) |
| Filing 138 NOTICE of Appearance by Frank R. Schirripa on behalf of Harold Bendell (aty to be noticed) (Schirripa, Frank) |
| Filing 137 Letter Regarding Fidelity Investments Document Production by Bruce Bendell, Eric L. Keltz, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 136 NOTICE of Appearance by Robert F. Brodegaard on behalf of Eric L. Keltz (aty to be noticed) (Brodegaard, Robert) |
| Filing 135 WAIVER OF SERVICE Returned Executed by Dorsey R. Gardner, John Francis O'Brien. Harold Bendell waiver sent on 9/12/2013, answer due 11/11/2013. (Rosen, Mark) |
| Filing 134 WAIVER OF SERVICE Returned Executed by Dorsey R. Gardner, John Francis O'Brien. Eric L. Keltz waiver sent on 9/12/2013, answer due 11/11/2013. (Rosen, Mark) |
| Filing 133 WAIVER OF SERVICE Returned Executed by Dorsey R. Gardner, John Francis O'Brien. Jeffrey M. Weiner waiver sent on 9/12/2013, answer due 11/11/2013. (Rosen, Mark) |
| Filing 132 WAIVER OF SERVICE Returned Executed by Dorsey R. Gardner, John Francis O'Brien. Alan Pearson waiver sent on 9/12/2013, answer due 11/11/2013. (Rosen, Mark) |
| Filing 131 WAIVER OF SERVICE Returned Executed by Dorsey R. Gardner, John Francis O'Brien. Steven Hornstock waiver sent on 9/12/2013, answer due 11/11/2013. (Rosen, Mark) |
| Filing 130 WAIVER OF SERVICE Returned Executed by Dorsey R. Gardner, John Francis O'Brien. David Edelstein waiver sent on 9/12/2012, answer due 11/11/2012. (Rosen, Mark) |
| Filing 129 TRANSCRIPT of Proceedings held on October 9, 2013, before Judge Scanlon. Court Transcriber: Transcriptions Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/21/2014. (Rocco, Christine) |
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Filing 128
ORDER granting #69 Motion to Compel Plaintiff O'Brien's deposition; finding as moot in part, denying in part and terminating in part #76 Motion to Quash Subpoena as to various third-parties; finding as moot #78 Motion for Order to Compel and Show Cause Why the Court Should Not Find various Harold Bendell entities in Contempt; finding as moot #95 Motion to Quash Subpoena as to various Harold Bendell entities; terminating #97 Motion for Order to Show Cause Why the Court Should Not Find Littman Krooks in Contempt; granting #111 Motion to Compel New York Daily News to comply with the subpoena; granting #117 Motion for Protective Order regarding Fidelity Investments documents. Please see attached document for a Memorandum and Order detailing these rulings. Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2013. (Lozar, Ryan)
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Filing 127
ORDER granting #122 Motion for Discovery. Please see attached for endorsed Order submitted at #122 . Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2013. (Lozar, Ryan)
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| Filing 126 NOTICE of Appearance by Steven J. Harfenist on behalf of David Edelstein (aty to be noticed) (Harfenist, Steven) |
| Filing 125 NOTICE of Appearance by Steven J. Harfenist on behalf of Alan Pearson (aty to be noticed) (Harfenist, Steven) |
| Filing 124 NOTICE of Appearance by Steven J. Harfenist on behalf of Steven Hornstock (aty to be noticed) (Harfenist, Steven) |
| Filing 123 NOTICE of Appearance by Steven J. Harfenist on behalf of Jeffrey M. Weiner (aty to be noticed) (Harfenist, Steven) |
| Filing 122 Letter submitting a proposed order pursuant to the October 9, 2013 status conference by Dorsey R. Gardner, John Francis O'Brien (Attachments: #1 Proposed Order Regarding Production of Tax Return Information by Subpoenaed Nonparty WeiserMazars LLP) (Rosen, Mark) Modified on 10/21/2013 (Priftakis, Tina). |
| Filing 121 AMENDED SUMMONS Issued as to Harold Bendell, Eric L. Keltz. (Goddard, Elizabeth) |
| Minute Entry for In-Person Discovery Conference held before Magistrate Judge Vera M. Scanlon on 10/9/2013. Larry Varn and Mark Rosen appearing for Plaintiffs. Robert F. Brodegaard appearing for Defendants Major Automobile Companies, Inc. and Bruce Bendell. Steven Harfenist appearing for Defendant Jeffrey Weiner. Ekaterina Schoenefeld appearing for subpoenaed third parties HB Automotive Group, Inc. et al. (full list of Ms. Schoenefeld's clients on the record). Larry Bordetsky appearing for subpoenaed third party Littman Krook LLP; Matthew Leash appearing for subpoenaed third party New York Daily News. Please see separate docket entry for Orders issued by the Court during the in-person conference. (Tape #10:03-11:32, 11:43-12:02.) (Lozar, Ryan) |
| Filing 119 Letter Regarding Upcoming Status Conference by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 118 Letter re: October 9, 2013 Conference by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 117 MOTION for Protective Order and Expedited Consideration at 10/9 Hearing by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rosen, Mark) |
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SCHEDULING ORDER: The 9/26/2013 telephone conference is adjourned. An in-person status Conference is set for 10/9/2013 from 09:30 AM to noon in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The Parties should expect to address all outstanding motions at the conference. Discussion will begin with any supplemental argument on the pending third-party-subpoena motions beyond what was already made during the 6/5/2013 conference. The Court would also like to hear (and the Parties are invited to submit brief letters on this issue in anticipation of the conference) whether the recent complaint amendment gives rise to any new and different discovery issues. The Court will set a revised discovery schedule during the conference. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2013. (Lozar, Ryan)
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| Filing 116 MEMORANDUM in Opposition re #111 MOTION to Compel filed by Daily News, L.P.. (Murphy, Daniel) |
| Filing 115 Letter Regarding 9-26-13 Telephone Conference by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 120 AMENDED COMPLAINT , as per Order see Document #114, against Bruce Bendell, Harold Bendell, David Edelstein, Steven Hornstock, Eric L. Keltz, Major Automobile Companies, Inc., Alan Pearson, Jeffrey M. Weiner, filed by Dorsey R. Gardner, John Francis O'Brien. (Lee, Tiffeny) |
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Filing 114
ELECTRONIC ORDER: Granting plaintiff's motion #74 to amend the complaint. See minute entry dated 9/5/13 of an oral argument held before J. Block. The Amended complaint is attached to this order. Ordered by Judge Frederic Block on 9/5/2013. (Innelli, Michael) (Innelli, Michael). Modified on 9/5/2013 (Innelli, Michael).
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| Minute Entry for proceedings held before Judge Frederic Block: Mark Rosen, Esq. for the plaintiff; Robert Brodegaard, Esq for defendants Major Automobile Co., Inc & Bruce Bendell, all present. Oral argument held on 9/5/2013. The plaintiffs motion #74 to amend the complaint was discussed. For the reasons stated on the record plaintiffs motion is GRANTED and the amended complaint attached as exhibit A in plaintiff's memorandum #75 in support of his motion is deemed filed. Plaintiff shall have the Clerk of the Court issue amended summons for serve.(Court Reporter: Lisa Schwam (718) 613-2268) (Innelli, Michael) |
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SCHEDULING ORDER: A Telephone Status Conference is set for 9/26/2013 at 12:30 PM before Magistrate Judge Vera M. Scanlon for the contempt motion and the recently filed letter. Any opposition to the letter should be submitted on or before 9/19/2013. Plaintiff's counsel must call Chambers at 718-613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 8/29/2013. (Priftakis, Tina)
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| Filing 113 RESPONSE in Opposition re #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents MOTION for Discovery Newly Proposed Subpoena filed by Barry Martin Bordetsky. (Bordetsky, Barry) |
| Filing 112 REPLY in Support re #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents MOTION for Discovery filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A-Subpoena) (Rosen, Mark) |
| Filing 111 MOTION to Compel by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A-Subpoena) (Rosen, Mark) |
| Filing 110 AFFIDAVIT/DECLARATION in Opposition re #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents MOTION for Discovery Declaration of Mitchell Littman filed by Barry Martin Bordetsky. (Bordetsky, Barry) |
| Filing 109 AFFIDAVIT/DECLARATION in Opposition re #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents MOTION for Discovery Declaration of Barry M. Bordetsky filed by Barry Martin Bordetsky. (Bordetsky, Barry) |
| Filing 108 RESPONSE in Opposition re #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents MOTION for Discovery By Littman Krooks LLP filed by Barry Martin Bordetsky. (Bordetsky, Barry) |
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SCHEDULING ORDER: The Court is scheduling oral argument for September 5, 2013 at 3:30 P.M. as to plaintiff's motion #74 to amend the complaint. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this oral argument. If this date presents a conflict counsel shall obtain the consent of all the parties to adjourn this argument and then ECF file a letter application at least 48 hours in advance of the oral argument. Ordered by Judge Frederic Block on 7/31/2013. (Innelli, Michael)
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ORDER granting #107 Motion for Extension of Time to File Response/Reply. Littman Krooks LLP's counsel shall respond in opposition to the discovery motion at #97 on or before 8/22/2013. Movant shall reply on or before 8/29/2013. No further time extensions will be granted absent exigent circumstances. Ordered by Magistrate Judge Vera M. Scanlon on 7/26/2013. (Lozar, Ryan)
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| Email Notification Test - DO NOT REPLY. (Chee, Alvin) |
| Filing 107 First MOTION for Extension of Time to File Response/Reply as to #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents MOTION for Discovery by Barry Martin Bordetsky. (Bordetsky, Barry) |
| Filing 106 DECLARATION re Order on Motion for Order to Show Cause,, Declaration of Mark B. Rosen Regarding Service on Littman Krooks LLP Pursuant to July 19, 2013 Order by Dorsey R. Gardner, John Francis O'Brien (Attachments: #1 Exhibit A - July 19, 2013 Order sent to Littman Krooks LLP, #2 Exhibit B - July 17, 2013 Motion #97 sent to Littman Krooks LLP, #3 Exhibit C - July 22, 2013 Fed Ex delivery confirmation, #4 Exhibit D - July 18, 2013 Fed Ex delivery confirmation) (Rosen, Mark) |
| Filing 105 RESPONSE to Motion re #95 Letter MOTION for Protective Order and to Quash Subpoenas Opposition to Plaintiffs' Cross-Motion to Compel and Non-Parties Cross-Motion to Quash Subpoenas and for Protective Order filed by City World Imports, Inc., City World Motors, L.L.C., City World Used Cars, LLC, Major World Chevrolet, L.L.C., Major World Motors of Long Island City, L.L.C.. (Attachments: #1 Declaration of Ekaterina Schoenefeld, #2 Declaration of Christine Bergin, #3 Declaration of Eric Keltz) (Schoenefeld, Ekaterina) |
| Filing 104 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of City World Imports, Inc. (aty to be noticed) (Schoenefeld, Ekaterina) |
| Filing 103 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of City World Motors, L.L.C. (aty to be noticed) (Schoenefeld, Ekaterina) |
| Filing 102 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of City World Used Cars, LLC (aty to be noticed) (Schoenefeld, Ekaterina) |
| Filing 101 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of Major World Chevrolet, L.L.C. (aty to be noticed) (Schoenefeld, Ekaterina) |
| Filing 100 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of Major World Motors of Long Island City, L.L.C. (aty to be noticed) (Schoenefeld, Ekaterina) |
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ORDER denying #97 Motion for Order to Show Cause. The Order to Show Cause is denied to the extent that the movants seek expedited relief as there is no emergency requiring such a schedule. The Court will deem the request for an to show cause to be a motion for discovery. Any opposition should be submitted by August 2nd. Any reply should be submitted by August 9th. An appearance will be scheduled by the Court at a later date. The movants are directed to serve a copy of this Order and a copy of the motion papers on Littman Krooks by hand or overnight delivery and to file proof of service by July 23rd. Ordered by Magistrate Judge Vera M. Scanlon on 7/19/2013. (Scanlon, Vera)
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| Filing 99 Unsigned Order to Show Cause re [Doc. No. 97] Motion for (i) Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 98 AFFIDAVIT/DECLARATION in Support re #97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A - Subpoena and Proof of Service, #2 Exhibit B - Letter from Mitchell C. Littman to Larry Varn dated April 24, 2013, #3 Exhibit C - Letter from Mark B. Rosen to Mitchell C. Littman dated April 30, 2013, #4 Exhibit D - Email chain between Barry Bordetsky and Mark B. Rosen dated between June 28, 2013 and July 1, 2013, #5 Exhibit E - Email chain between Barry Bordetsky and Mark B. Rosen dated between June 28, 2013 and July 1, 2013) (Rosen, Mark) |
| Filing 97 MOTION for Order to Show Cause Why the Court Should Not Find Littman Krooks LLP in Contempt, and (ii) Order Compelling Complete Production of Responsive Documents by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark). Added MOTION for Discovery on 7/19/2013 (Marziliano, August). |
| Filing 96 RESPONSE in Opposition re #95 Letter MOTION for Protective Order and to Quash Subpoenas and Cross-Motion to Compel filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 95 Letter MOTION for Protective Order and to Quash Subpoenas by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Declaration of Robert F. Brodegaard in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Brodegaard, Robert) |
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Filing 94
MEMORANDUM and ORDER: Defendant's motion #49 for reconsideration is DENIED. Ordered by Judge Frederic Block on 6/26/2013. (Innelli, Michael)
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| Filing 93 REPLY in Opposition re #92 Letter of Defendants dated June 17, 2013 filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 92 Letter filed pursuant to June 5, 2013 Discovery and Scheduling Order by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 91 TRANSCRIPT of Proceedings held on June 5, 2013, before Judge Scanlon. Court Transcriber: Transcriptions Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2013. Redacted Transcript Deadline set for 7/15/2013. Release of Transcript Restriction set for 9/12/2013. (Rocco, Christine) |
| Filing 90 AFFIDAVIT/DECLARATION in Support re #74 Notice of MOTION to Amend/Correct/Supplement #1 Complaint Declaration of Mark B. Rosen filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A - Selected pages from the transcript of the March 13, 2013 deposition of Eric Keltz, #2 Exhibit B - Selected pages from the Notice of Special Meeting of Stockholders to be Held January 26, 2011, #3 Exhibit C - Exhibit 29 to the March 13, 2013 deposition of Eric Keltz) (Rosen, Mark) |
| Filing 89 REPLY in Support re #74 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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DISCOVERY AND SCHEDULING ORDER. The following Orders issued during the 6/5/2013 in-person conference. Please see separate minute entry for recording information. (1) On or before 6/17/2013, Defendants must enter a letter apprising the Court of any new information relating to Weiser. On or before 6/24/2013, Defendants may respond. (2) On or before 7/5/2013, Plaintiff must produce Fidelity records or determine another way to resolve the Rule 33(d) response issue discussed during the conference. (3) Fact discovery will close on 1/31/2014. To the extent the parties need to take third-party depositions, they should arrange for such depositions in light of the discovery deadline. (4) On or before 3/14/2014, the Parties shall serve their expert reports upon one another. On or before 5/1/2014, the Parties may serve rebuttal expert reports. (5) On or before 6/2/2014, any Party desiring to make a dispositive motion should file a premotion conference letter before District Judge Block in accordance with his Individual Rules; and (6) If no dispositive motion process is begun, the Parties shall file a proposed Joint Pretrial Order on or before 7/2/2014. Ordered by Magistrate Judge Vera M. Scanlon on 6/7/2013. (Lozar, Ryan)
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| Minute Entry for status conference held before Magistrate Judge Vera M. Scanlon on 6/5/2013. Larry Varn and Mark Rosen appearing for Plaintiffs. Robert Brodegaard appearing for Defendants. Ekaterina Shoenefeld appearing for Non-Party Respondents. Please see separate docket entry for Orders issued during the conference. (Tape #10:13-11:36.) (Lozar, Ryan) |
| Filing 88 AFFIDAVIT/DECLARATION in Opposition re #69 MOTION to Compel Deposition of Plaintiff John F. O'Brien , Declaration of John Francis O'Brien filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 87 AFFIDAVIT/DECLARATION in Opposition re #74 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Brodegaard, Robert) |
| Filing 86 MEMORANDUM in Opposition re #74 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Bruce Bendell, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 85 RESPONSE in Opposition re #78 MOTION for Order to Show Cause and to Compel Production and Cross-Motion to Quash Subpoenas, for Protective Order and Related Relief filed by City World Acquisition Group, Inc., HB Automotive Group, Inc.. (Attachments: #1 Declaration of Ekaterina Schoenefeld, #2 Declaration of Christine Bergin) (Schoenefeld, Ekaterina) |
| Filing 84 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of City World Acquisition Group, Inc. (aty to be noticed) (Schoenefeld, Ekaterina) |
| Filing 83 NOTICE of Appearance by Ekaterina Schoenefeld on behalf of HB Automotive Group, Inc. (aty to be noticed) (Schoenefeld, Ekaterina) |
| Filing 82 MEMORANDUM in Support re #76 Letter MOTION to Quash And For Protective Order Supplement filed by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Brodegaard, Robert) |
| Filing 81 AFFIDAVIT/DECLARATION in Opposition re #76 Letter MOTION to Quash And For Protective Order Declaration of Mark B. Rosen filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A - Selected pages from the transcripts of the March 13, 2013 and March 14, 2013 deposition of Eric Keltz, #2 Exhibit B - Selected pages from the transcript of the March 15, 2013 deposition of Chris Orsaris) (Rosen, Mark) |
| Filing 80 RESPONSE in Opposition re #76 Letter MOTION to Quash And For Protective Order Plaintiffs' Response to Defendants' "Reply" on Their Motion to Quash Third-Party Subpoenas Duces Tecum filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 79 REPLY to Response to Motion re #76 Letter MOTION to Quash And For Protective Order filed by All Defendants. (Attachments: #1 Affidavit in Support of Defendants Motion to Quash Subpoenas and for Protective Order) (Brodegaard, Robert) |
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ORDER. The Court is in receipt of the Parties' motions at #76 and #78 . The Parties shall expect to discuss the substance of these motions during the 6/5/2013 10 AM conference already scheduled. In the interim, nonmovants may file papers expressing their oppositions to the Court to the extent they have not already done so. Ordered by Magistrate Judge Vera M. Scanlon on 5/13/2013. (Lozar, Ryan)
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| Filing 78 MOTION for Order to Show Cause and to Compel Production by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Proposed Order to Show Cause, #2 Exhibit A (Subpoenas and proofs of service), #3 Exhibit B (Letters from subpoenaed parties), #4 Exhibit C (Email dated May 8, 2013)) (Rosen, Mark) |
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ELECTRONIC ORDER: Referring plaintiff's motion #78 for an order to show cause to compel production to MJ Scanlon to decide. Ordered by Judge Frederic Block on 5/10/2013. (Innelli, Michael)
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| Filing 77 RESPONSE in Opposition re #76 Letter MOTION to Quash And For Protective Order filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A - Plaintiffs' January 11, 2013 deficiency letter) (Rosen, Mark) |
| Filing 76 Letter MOTION to Quash And For Protective Order by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Brodegaard, Robert) |
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SCHEDULING ORDER: Oral argument on the motion to amend, DE #74 , will be heard during the 6/5/13 10:00 AM conference.. Ordered by Magistrate Judge Vera M. Scanlon on 4/25/2013. (Widmayer, Jeffrey)
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| Filing 75 MEMORANDUM in Support re #74 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A - First Amended Complaint) (Rosen, Mark) |
| Filing 74 Notice of MOTION to Amend/Correct/Supplement #1 Complaint by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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ELECTRONIC ORDER REFERRING: Plaintiff's motion #74 to amend, correct or supplement the complaint to MJ SCANLON to decide. Ordered by Judge Frederic Block on 4/22/2013. Motions referred to Vera M. Scanlon. (Innelli, Michael)
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ORDER granting #72 Motion for Hearing. SCHEDULING ORDER: A Discovery Conference is set for 6/5/2013 at 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. At the conference, parties should expect to discuss discovery issues. Ordered by Magistrate Judge Vera M. Scanlon on 4/15/2013. (Priftakis, Tina) Modified on 4/16/2013 (Priftakis, Tina).
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| Filing 73 RESPONSE to Motion re #72 MOTION for Hearing to Reset Discovery Deadlines filed by All Defendants. (Brodegaard, Robert) |
| Filing 72 MOTION for Hearing to Reset Discovery Deadlines by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 71 RESPONSE in Opposition re #69 MOTION to Compel Deposition of Plaintiff John F. O'Brien filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Declaration of Mark B. Rosen) (Rosen, Mark) |
| Filing 70 Joint MOTION to Adjourn Conference by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Set/Reset Hearings: The Telephone Conference originally set for 4/5/2013 is adjourned to an earlier date. A Telephone Conference is set for 4/4/2013 at 2:45 PM before Magistrate Judge Vera M. Scanlon. (Priftakis, Tina) |
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ORDER granting #70 Motion to Adjourn Conference. The Telephone conference set for 4/4/2013 is adjourned as per the parties' request. A Telephone Conference is set for 4/11/2013 at 4:30 PM with the consent of all parties. Ordered by Magistrate Judge Vera M. Scanlon on 4/3/2013. (Priftakis, Tina)
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SCHEDULING ORDER: A Telephone Conference is set for 4/5/2013 01:00 PM before Magistrate Judge Vera M. Scanlon. Plaintiffs must call Chambers at the designated hour at 718 613 2300 with all Parties on the line. The Parties shall expect to discuss the pending motion at #69 . Plaintiffs may file a response to that motion on or before 4/3/2013 to inform the Court of Plaintiffs' position. Also on or before 4/3/2013, the Parties may file letters of no more than three pages advising the Court of other disputes needing resolution. Ordered by Magistrate Judge Vera M. Scanlon on 3/29/2013. (Lozar, Ryan)
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| Filing 69 MOTION to Compel Deposition of Plaintiff John F. O'Brien by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Brodegaard, Robert) |
| Filing 68 STATUS REPORT Joint Status Report by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 67 REPLY to Response to Motion re #49 Notice of MOTION for Reconsideration With Supporting Cover Letter to Judge Block (in response to Document 66 Filed 02/18/13) filed by All Defendants. (Brodegaard, Robert) |
| Filing 66 NOTICE by Dorsey R. Gardner, John Francis O'Brien re #49 Notice of MOTION for Reconsideration With Supporting Cover Letter to Judge Block , Plaintiffs' Notice of Supplemental Authority Supporting Denial of Defendants' Motion for Reconsideration (Attachments: #1 Exhibit New Jersey Carpenters Pension Fund v. infoGROUP, Inc., C.A. No. 5334-VCN) (Rosen, Mark) |
| Minute Entry for Telephone Conference held before Magistrate Judge Vera M. Scanlon on 2/6/2013. Larry Varn and Mark Rosen for Plaintiffs; Robert Brodegaard for Defendants. Parties have agreed to meet and confer about outstanding discovery disputes on or before 2/15/2013. On or before 2/28/2013, the Parties are to submit a joint letter to the Court detailing what they cannot resolve without the Court's intervention, including ESI issues. (Tape #9:33-9:49.)(Lozar, Ryan) |
| Filing 65 RESPONSE to Motion re #63 Letter MOTION for pre motion conference on Motion to Amend filed by All Defendants. (Brodegaard, Robert) |
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ORDER granting #63 Motion for Pre Motion Conference. The Court observes that there is a Telephone Status Conference scheduled in this litigation 2/6/2013 at 9:30 AM. The Parties should expect to also discuss Plaintiffs' request to move to file an amended complaint during that conference. The Defendants may file a letter brief in opposition to the request, or a letter consenting to the amendment if that is their position, on ECF on or before 2/1/2013. Ordered by Magistrate Judge Vera M. Scanlon on 1/18/2013.(Lozar, Ryan)
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| Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on Aug. 21, 2012, before Judge Block. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/7/2013. Redacted Transcript Deadline set for 2/18/2013. Release of Transcript Restriction set for 4/17/2013. (Driscoll, Holly) |
| Filing 63 Letter MOTION for pre motion conference on Motion to Amend by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 62 STATUS REPORT Joint Status Letter by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
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Filing 61
ORDER granting #59 Motion for Protective Order. The Confidentiality Agreement and Order is granted with modifications noted. Please see attached document. Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2012. (Priftakis, Tina)
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| Filing 60 Letter Regarding Confidentiality Stipulation and Order and Electronic Stored Information Order by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 59 STIPULATION Confidentiality Stipulation and Order by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) Modified on 12/5/2012 (Priftakis, Tina). |
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ORDER granting in part and denying in part Plaintiffs' Motion to Compel and for Sanctions #54 . This motion is granted in part and denied in part in light of Defendants' agreement that they will begin to make substantive responses to the Plaintiffs' Document Requests and Interrogatories once a Confidentiality Order and Electronic Discovery Order is in place. The request for sanctions is denied as all parties appear to be participating in discovery in good faith. As set forth in further detail in the Court's discovery scheduling order entered separately, the Parties must comply with the discovery schedule. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2012. (Lozar, Ryan)
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Order granting in part and denying in part Defendants' Cross-Motion for a Protective Order #56 . This motion is granted in part and denied in part in light of Defendants' agreement to produce substantive responses to the Plaintiffs' discovery requests. As set forth in further detail in the Court's discovery scheduling order entered separately, the Parties must comply with the discovery schedule. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2012. (Lozar, Ryan)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon on 10/11/2012: Larry L. Varn, Plaintiffs Dorsey R. Gardner and John Francis O'Brien as trustees of the Dorset R. Gardner Trust; Robert F. Brodegaard, Defendants Major Automobile Companies, Inc. and Bruce Bendell. This entry memorializes orders relating to dispositive motions and discovery only; see accompanying entry for ruling on pending motions. Regarding discovery: (1) The Parties must submit a proposed stipulated Confidentiality Order and Electronic Stored Information Order to the Court by ECF on or before October 31, 2012. The Parties have agreed that a blanket attorneys'-eyes-only provision for documents dated prior to 2012 is unnecessary but have reserved the right to request this limitation on a document-specific basis, including for financial documents relating to 2012 forward. If there are particular provisions in these agreements as to which counsel are unable to agree, they should identify such provisions by letter filed on ECF to accompany the agreements. (2) The Defendants will provide the names, addresses, and dates of service of all Board members and officers of Major Automobile Companies, Inc. to the Plaintiffs by October 31, 2012. For purposes of this production, the term "officer" is defined as those persons who held positions with fiduciary obligations to the shareholders of Major Automobile Companies, Inc. from January 1, 2008 through the date of the transaction at issue in this litigation. (3) The Defendants must substantively respond to the Plaintiffs' document requests by December 3, 2012. If the Defendants oppose any particular document request, this does not excuse them from responding to the portions of the document request to which they do not object and to document requests as to which there is no dispute. The Defendants have agreed that if there are categories of documents that they will not produce, they will provide Plaintiffs with a description of these categories by December 3, 2012. Additionally, the Parties have agreed to meet and confer to discuss the scope of Plaintiffs' document requests, and possibly come to an agreement about the terms or requests to which Defendants object, particularly as to the scope of the request, and to obviate the need for the duplicate production of documents already produced by the Defendants' accountant. (4) The Court has determined that a five-year "look back" period for Plaintiffs' document requests is a reasonable period given the nature of the Plaintiffs' allegations and the need for a five-year period within which to conduct an assessment of the valuation of certain assets. (5) The Plaintiffs must propound any revised Interrogatories by January 11, 2013. The Plaintiffs may propound their Interrogatories sooner, but they are encouraged to wait until they receive the Defendants' document production on or before December 3, 2012 in order to avoid Interrogatories that seek duplicative information. (6) The Defendants will serve their document requests and interrogatories on the Plaintiffs by October 31, 2012. (7) The Plaintiffs have 30 days from receipt of the Defendants' document requests and interrogatories to substantively respond to the document requests and interrogatories. If the Plaintiffs oppose any particular document request or interrogatory, this does not excuse them from responding to the portions of the document request or interrogatory to which they do not object and to document requests and interrogatories as to which there is no dispute. (8) The Parties will provide a joint Status Letter to the Court regarding discovery progress on or before January 11, 2013. (9) The Court will hold a telephone status conference to review discovery on February 6, 2012 at 9:30 a.m. for which the Plaintiffs' counsel is to call Chambers at 718 613 2300 with the Defendants' counsel on the line. (10) Fact discovery, including all depositions, will close June 14, 2013. (11) Expert discovery will close on August 30, 2013. The Parties must set internal periodic deadlines within this expert discovery phase, including dates for disclosure of experts and production of expert reports, so that they will meet the August 30, 2013 deadline for expert discovery. (12) The Parties must file any make any requests for pre-motion conferences as to any dispositive motions on or before September 30, 2013. The Parties must follow Judge Block's Individual Rules if they wish to make such a motion. (13) If a decision on the pending motion for reconsideration of the motion to dismiss alters the scope of discovery, the parties are to advise Judge Scanlon's Chambers. (14) The parties are encouraged to discuss settlement and may contact the Court to request a settlement conference if they believe that it would be productive. (Tape #3:00-4:16.)(Lozar, Ryan) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Discovery Hearing held on 10/15/2012. Appearances by Larry L. Varn for Plaintiff and Robert F. Brodegard for Defendant. (Tape #3:00-4:16.) (Priftakis, Tina) |
| Filing 58 RESPONSE to Motion re #54 MOTION to Compel and for Sanctions Letter Regarding Upcoming Conference - Possibility of Settlement filed by Bruce Bendell, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 57 REPLY to Response to Motion re #54 MOTION to Compel and for Sanctions and Opposition to Defendants' Cross-Motion for Protective Order filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rosen, Mark) |
| Filing 56 RESPONSE in Opposition re #54 MOTION to Compel and for Sanctions and in Support of Cross-Motion for a Protective Order filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Brodegaard, Robert) |
| Filing 55 REPLY in Opposition re #49 Notice of MOTION for Reconsideration With Supporting Cover Letter to Judge Block (Response to Defendants' 9/25/12 Letter) filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 54 MOTION to Compel and for Sanctions by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Rosen, Mark) |
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Discovery Hearing set for 10/11/2012 03:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The parties must be prepared to discuss any outstanding discovery issues. The parties must also be prepared to discuss their respective settlement positions, the history of settlement discussions to date, whether they wish to have the Court's assistance with settlement discussions, and any proposed plan for such discussions. Ordered by Magistrate Judge Vera M. Scanlon on 9/26/2012. (Scanlon, Vera)
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ORDER granting #50 Motion for Hearing. The motion is granted to the extent a discovery conference is scheduled for 10/11/12 at 3:00 p.m. The parties are directed to see the Court's earlier order. Ordered by Magistrate Judge Vera M. Scanlon on 9/26/2012. (Scanlon, Vera)
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| Filing 53 Letter Requesting Settlement Conference by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 52 REPLY to Response to Motion re #49 Notice of MOTION for Reconsideration With Supporting Cover Letter to Judge Block filed by All Defendants. (Brodegaard, Robert) |
| Filing 51 MEMORANDUM in Opposition re #49 Notice of MOTION for Reconsideration With Supporting Cover Letter to Judge Block filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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ELECTRONIC ORDER: Plaintiff's motion #23 for order to show cause. See minute entry dated 11/16/11 of a conference before MJ Cater as to the ruling. Ordered by Judge Frederic Block on 9/16/2012. (Innelli, Michael)
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| Filing 50 MOTION for Hearing on Rule 16 Conference by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 49 Notice of MOTION for Reconsideration With Supporting Cover Letter to Judge Block by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Declaration Declaration of Robert F. Brodegaard in Support of Motion, #2 Exhibit Exhibit A to Declaration of Robert F. Brodegaard in Support of Motion, #3 Exhibit Exhibit B to Declaration of Robert F. Brodegaard in Support of Motion, #4 Memorandum in Support Memorandum of Law in Support of Motion) (Brodegaard, Robert) |
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This case has been transferred to Magistrate Judge Scanlon. Any conference or appearance scheduled by and before the previously assigned magistrate judge is adjourned sine die. Re-scheduled conference and appearance dates will be set in the near future. All other scheduling dates, including any conferences or appearances before the District Judge or scheduled by Magistrate Judge Scanlon, remain in effect. Ordered by Magistrate Judge Vera M. Scanlon on 8/29/2012. (Brucella, Michelle)
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Filing 48
MEMORANDUM AND ORDER granting in part and denying in part #34 Motion for Judgment on the Pleadings: Defendants' motion to dismiss is granted with respect to plaintiffs' Exchange Act claim and denied with respect to plaintiffs' breach of fiduciary duty claim. Ordered by Judge Frederic Block on 8/21/2012. (Chee, Alvin)
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| Minute Entry for proceedings held before Judge Frederic Block: Mark Rosen, Esq. & Larry Varn, Esq. for the plaintiff and Robert Brodegaard, Esq. for the defendants, all present. Oral Argument held on 8/21/2012. Defendants motion #34 for judgment on the pleadings is discussed. The Court will issue a written decision shortly. (Court Reporter: Holly Dirscoll (718) 613-2274) (Innelli, Michael) |
| Filing 47 NOTICE by Dorsey R. Gardner, John Francis O'Brien re #34 MOTION for Judgment on the Pleadings or to Dismiss Complaint in its Entirety regarding Supplemental Authority (Rosen, Mark) |
| Magistrate-Judge Vera M. Scanlon added. Magistrate Judge Roanne L. Mann no longer assigned to case. (Siegfried, Evan) |
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SCHEDULING ORDER: Plaintiff's telephone application on 7/24/12, with the consent of defendse counsel is GRANTED. The oral argument scheduled for August 3, 2012 is adjourned to August 21, 2012 at 10:30 A.M. There will be no formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this oral argument. Ordered by Judge Frederic Block on 7/25/2012. (Innelli, Michael)
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SCHEDULING ORDER: The Court is scheduling oral argument on August 3, 2012 at 11:30 A.M. as to defendants pending motion #34 for judgment on the pleadings. There will be no formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this oral argument. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this oral argument and then notify the Court by ECF letter application no less then 48 hours in advance of the oral argument. Ordered by Judge Frederic Block on 7/19/2012. (Innelli, Michael)
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| Filing 46 Letter Clarifying Status Report by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
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Filing 45
ENDORSED ORDER re #44 Status Report filed by John Francis O'Brien, Dorsey R. Gardner. As the parties have withdrawn their request that the case be sent for court-annexed mediation, the Court will not designate the case for mediation. Ordered by Magistrate Judge Roanne L. Mann on 6/19/2012. (Maynard, Pat)
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| Filing 44 STATUS REPORT Regarding Voluntary Discovery and Court-Annexed Mediation by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
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STATUS REPORT ORDER: An updated status report is due by 6/18/2012. Ordered by Magistrate Judge Roanne L. Mann on 6/11/2012. (Maynard, Pat)
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| Filing 43 STATUS REPORT on Consent to Court-Annexed Mediation and Voluntary Discovery for Settlement Purposes by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
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Filing 42
MEMORANDUM AND ORDER denying without prejudice #41 Motion for Hearing. For the reasons in the attached Memorandum and Order, plaintiffs' motion is denied without prejudice. Counsel for the parties are directed to confer and notify the Court, via ECF, by June 8, 2012, whether both sides jointly request a settlement conference or designation of the case for court-annexed mediation; the parties shall also specify what, if any, discovery they have agreed to produce in advance of the conference or mediation session. Ordered by Magistrate Judge Roanne L. Mann on 6/5/2012. (Williams, Jennifer)
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| Filing 41 MOTION for Hearing for Case Management Conference by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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Filing 40
MEMORANDUM AND ORDER denying #19 Motion to Compel Discovery; granting #27 Motion to Stay Discovery. For the reasons stated in the attached memorandum and order, the Court grants defendants' motion to stay discovery pending the outcome of their motion for judgment on the pleadings. Having concluded that a discovery stay is warranted, the Court denies plaintiffs' motion to compel discovery. Any objections to the recommendations contained in this Report and Recommendation must be filed with the Honorable Frederic Block on or before April 30, 2012. Failure to file objections in a timely manner may waive a right to appeal the District Court order. So ordered by Magistrate Judge Roanne L. Mann on 4/12/2012. (Dempsey, Jameson)
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Filing 39
ENDORSED ORDER granting in substantial part #38 Motion to Adjourn Conference. The January 10th proceeding scheduled by Judge Carter is adjourned sine die. If the Court desires argument on the motion pending before it, an order scheduling such a proceeding will be issued. Ordered by Magistrate Judge Roanne L. Mann on 1/5/2012. (Maynard, Pat)
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| Filing 38 Letter MOTION to Adjourn Conference Scheduled for January 10, 2012 by Bruce Bendell, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 37 RESPONSE to Motion re #36 MOTION for Leave to File Sur-reply on motion for judgment on the pleadings filed by Bruce Bendell, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
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ELECTRONIC ORDER: Plaintiff's letter application dated 12/28/11 requesting to serve and ECF a sur-reply is DENIED. Should the Court wish either sur-replies or oral argument counsel will be notified. Ordered by Senior Judge Frederic Block on 12/29/2011. (Innelli, Michael)
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| Filing 36 MOTION for Leave to File Sur-reply on motion for judgment on the pleadings by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Exhibit) (Rosen, Mark) |
| Filing 35 REPLY in Support re #27 Letter MOTION for Discovery to Stay Discovery filed by Bruce Bendell, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Filing 34 MOTION for Judgment on the Pleadings or to Dismiss Complaint in its Entirety by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Declaration of Robert F. Brodegaard, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Memorandum in Support, #9 Memorandum in Opposition, #10 Memorandum in Support Reply) (Brodegaard, Robert) |
| Filing 33 REPLY in Support re #19 MOTION to Compel Discovery filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 32 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION to Compel Discovery filed by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-1, #6 Exhibit E-2, #7 Exhibit E-3, #8 Exhibit E-4, #9 Exhibit E-5, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J-1, #15 Exhibit J-2) (Brodegaard, Robert) |
| Filing 31 DECLARATION re #30 Memorandum in Opposition by Dorsey R. Gardner, John Francis O'Brien (Attachments: #1 Exhibit) (Rosen, Mark) |
| Filing 30 MEMORANDUM in Opposition re #27 Letter MOTION for Discovery to Stay Discovery filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 29 MEMORANDUM in Opposition re #19 MOTION to Compel Discovery filed by Bruce Bendell, Major Automobile Companies, Inc.. (Brodegaard, Robert) |
| Magistrate Judge Roanne L. Mann added. Magistrate Judge Andrew L. Carter, Jr no longer assigned to case. (Sica, Michele) |
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ORDER: Docket No. #28 is so-ordered. Opposition papers are due 12/9/2011, and replies are due 12/23/2011. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 12/1/2011. (Hunter-Hicks, Tara)
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| Filing 28 Letter Modifying Agreed-upon Briefing Schedule by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Telephone Status Conference held on 11/16/2011. Larry Vaughn for Plaintiff. Robert Brodegard for Defendant. The Plaintiff should re-serve Empire with the subpoena and letter. An affidavit of service should be filed with the Court. Telephone Status Conference set for 1/10/2012 at 10:00 a.m. Plaintiff's counsel to initiate the call with all relevant participants on the line. (Hunter-Hicks, Tara) |
| Filing 27 Letter MOTION for Discovery to Stay Discovery by Bruce Bendell, Major Automobile Companies, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration) (Brodegaard, Robert) |
| Filing 26 Letter Regarding Service of Motion by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 25 Letter Modifying Briefing Schedule by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
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SCHEDULING ORDER: Telephone Conference set for 11/16/2011 12:00 PM before Magistrate Judge Andrew L. Carter, Jr. This confernce is regarding Plaintiff's Order to Show Cause for the non-party. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 11/10/2011. (Kerner, Zachary)
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ELECTRONIC ORDER REFERRING: Plaintiff's motion #23 for Order to Show Cause to MJ Carter to decide. Ordered by Senior Judge Frederic Block on 11/9/2011. Motions referred to Andrew L. Carter, Jr. (Innelli, Michael)
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| Filing 24 DECLARATION re #23 MOTION for Order to Show Cause by Dorsey R. Gardner, John Francis O'Brien (Attachments: #1 Exhibit A, #2 Exhibit B) (Rosen, Mark) |
| Filing 23 MOTION for Order to Show Cause by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Proposed Order) (Rosen, Mark) |
| Filing 22 STATUS REPORT Joint by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 21 Letter Regarding Briefing Schedule by Bruce Bendell, Major Automobile Companies, Inc. (Brodegaard, Robert) |
| Filing 20 DECLARATION re #19 MOTION to Compel Discovery by Dorsey R. Gardner, John Francis O'Brien (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Rosen, Mark) |
| Filing 19 MOTION to Compel Discovery by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Minute Entry for proceedings held before Senior Judge Frederic Block: Larry Varn, Esq. for the plaintiff and Robert Brodegard, Esq. & Ekat Rina Schoenfeld, Esq. for the defendants, all present. Pre-motion conference held on 10/25/2011. Defendants anticipated motion for judgment on the pleadings is discussed. Discovery should go forward, unless stayed by the MJ. Any motion to compel discovery should be brought before the MJ. By November 4, 2011 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their motion according to J. Blocks motion rules.(Court Reporter: Not Reported) (Innelli, Michael) Modified on 10/25/2011 (Innelli, Michael). |
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SCHEDULING ORDER: Defendant's telephone application on 10/4/11, with the consent of plaintiff's counsel is GRANTED. The pre-motion conference scheduled for October 20, 2011 is adjourned to October 25, 2011 at 11:00 A.M. There will be no formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. Ordered by Senior Judge Frederic Block on 10/4/2011. (Innelli, Michael)
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Filing 18
ELECTRONIC ORDER: The defendants letter application dated 9/19/11 is GRANTED. A pre motion conference is schedule for October 20, 2011 @ 11AM. There will be no formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then file an ECF letter application.Ordered by Senior Judge Frederic Block on 9/29/2011. (Innelli, Michael)
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| Filing 17 RESPONSE in Opposition re #14 MOTION for pre motion conference filed by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
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STATUS REPORT ORDER: The parties are directed to submit a joint status report four days after the pre-motion conference is held before Judge Block informing me how they wish to proceed with discovery. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 9/23/2011. (Dharia, Kruti)
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| Filing 16 STATUS REPORT by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
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Filing 15
STIPULATION AND ORDER Regarding the Collection and Production of Electronically Stored Information in Connection with Discovery. Ordered by Magistrate Judge Andrew L. Carter, Jr on 9/20/11. (Chee, Alvin)
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| Filing 14 MOTION for pre motion conference by Bruce Bendell, Major Automobile Companies, Inc.. (Chee, Alvin) |
| REMINDER TO ALL COUNSEL: You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. When considering submission of a hard copy to the assigned judge as a courtesy, please consult the judge's individual practice rules first, as some judges do not want or permit courtesy copies in some circumstances. Any permitted courtesy copy should be provided directly to the judge's chambers and not to the Clerk's office. (Chee, Alvin) |
| Filing 13 STIPULATION Regarding Electronically Stored Information by Dorsey R. Gardner, John Francis O'Brien (Rosen, Mark) |
| Filing 12 NOTICE of Change of Name of Firm by Robert F. Brodegaard (Brodegaard, Robert) |
| Filing 11 NOTICE of Appearance by Robert F. Brodegaard on behalf of Bruce Bendell, Major Automobile Companies, Inc. (aty to be noticed) (Brodegaard, Robert) |
| Filing 10 Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Initial Conference held on 7/21/2011. Larry Varn for Plaintiff. Emilie Simone for Defendant. Discovery completion date: 2/24/12. See annexed scheduling order for more details. The parties shall file a joint status report on or before 9/20/2011. (Hunter-Hicks, Tara) |
| Filing 9 DISCLOSURE of Interested Parties by Dorsey R. Gardner, John Francis O'Brien. (Rosen, Mark) |
| Filing 8 DISCLOSURE of Interested Parties by Major Automobile Companies, Inc., Bruce Bendell. (Simone, Emilie) |
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SCHEDULING ORDER: Today's Initial Conference is adjourned to 7/21/2011 at 12:00 PM in Courtroom 504 North. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 7/6/2011. (Hunter-Hicks, Tara)
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Andrew L. Carter, Jr on 6/28/2011. (Figeroux, Davina)
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| Filing 7 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-4872469. by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Affidavit Affidavit of Larry L. Varn in support of Motion to Appear Pro Hac Vice, #2 Proposed Order Proposed Order: Admission to Practice Pro Hac Vice) (Lebowitz, Marc) |
| Filing 6 NOTICE of Appearance by Mark B. Rosen on behalf of Dorsey R. Gardner, John Francis O'Brien (aty to be noticed) (Rosen, Mark) |
| Filing 5 ANSWER to #1 Complaint by Bruce Bendell, Major Automobile Companies, Inc.. (Simone, Emilie) |
| Filing 4 NOTICE of Appearance by Emilie Simone on behalf of Bruce Bendell, Major Automobile Companies, Inc. (aty to be noticed) (Simone, Emilie) |
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Filing 3
SCHEDULING ORDER: An initial conference will be held on 07/06/2011 at 10:30 AM in Courtroom 504 North. Counsel for all parties must be present. Plaintiff's counsel to confirm with defendant's counsel that all necessary participants are aware of this conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed.R.Civ.P. The attached questionnaire must be completed and brought to the conference. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 4/6/2011. (Hunter-Hicks, Tara)
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| Filing 2 DISCLOSURE of Interested Parties by Dorsey R. Gardner, John Francis O'Brien. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Bruce Bendell, Major Automobile Companies, Inc. Disclosure Statement on Civil Cover Sheet completed -no,, filed by Dorsey R. Gardner, John Francis O'Brien. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| Summons Issued as to Bruce Bendell, Major Automobile Companies, Inc.. (Bowens, Priscilla) |
| FILING FEE: $ 350, receipt number 4653027381 (Bowens, Priscilla) |
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