Baumgartner et al v. Salzman et al
| Johannes Baumgartner, Wirtschafts-UND, Vermogensberatung GMBH and Holger Knut Theiler |
| Stanley P. Salzman, Postbank Finanzberatung AG, BHW Bausparkasse AG, Peter Schmidt, Ambiente GMBH, Blackstone Capital Trade AG, Carter, Bailey, Oppenheim & Dryfus, Inc., J. Greenbaum, John Ralston, Fernando Faria Sampaio, Sino-Iberian Holdings Limited, It's Investment Treuhand & Service GMBH, Norbert Schramm, Ali Karli, Lider International Import & Export GMBH, Mesut Cetin, Huseyin Coban and Defendant Does 1 - 50 |
| 2:2008cv02582 |
| June 27, 2008 |
| US District Court for the Eastern District of New York |
| Racketeer/Corrupt Organization Office |
| Nassau |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Both |
| Federal Question |
| 18:1961 Racketeering (RICO) Act |
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Filing
349
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION - For the foregoing reasons, it is hereby ORDERED that: (1) Blükbasi, Ozkan, and Metin's objections (Docket Entry 347) to Judge Tomlinson's R&Rs are SUSTAINED and Plaintiffs' ; objections (Docket Entry 343) are OVERRULED; (2) Judge Tomlinson's R&Rs (Docket Entries 329, 333) are hereby ADOPTED IN PART to the extent that they recommend dismissal of the negligence claims against Bolükbasi, Ozkan, and Metin and o f the RICO claims against Ambiente, CBOD, Greenbaum, Slacum, and ADC; and those claims are hereby DISMISSED WITH PREJUDICE; (3) Plaintiffs' motions for default judgments (Docket Entries 247, 306) are DENIED with leave to renew as outlined above; (4) Plaintiffs' motion to reinstate its claims against the Salzman Defendants (Docket Entry 315) is DENIED; (5) Plaintiffs' motion to reinstate its claims against Gibbins and Meytec (Docket Entry 311) is DENIED; (6) Gibbins and Meytec&# 039;s motion to enforce the Gibbins/Meytec Agreement (Docket Entry 319) is DENIED; (7) all claims against Defendants Blackstone, Rana, Sampaio, Sino, It's Investment, Schramm, Lider, Cetin, A. Rashid, John M. Preston Limited, Kazan, Sahin, Urkmez, Sinclair, Harrison, Halley, Renfrew, and London Financial will be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Procedure for failure to timely effectuate service unless Plaintiffs provide proof of service within s even (7) days of the date of this Memorandum and Order; (8) all remaining claims against the defendants that have been served--specifically, Schmidt, Ambiente, Wagner, CBOD, Greenbaum, Ralston, Slacum, ADC, Coban, Veli, Kocabas, Karli, Bolükbasi , Ozkan, and Metin--will be dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute unless Plaintiffs move for a default judgment on those claims or voluntarily dismiss those claims within thir ty(30) days of the date of this Memorandum and Order. It is further ORDERED that counsel for Plaintiffs shall serve a copy of this Memorandum and Order on Defendants Schmidt, Ambiente, Wagner, CBOD, Greenbaum, Ralston, Slacum, ADC, Coban, Veli, Kocabas, Karli, Blükbasi, Ozkan, and Metin and the Salzman Defendants and file proof of service within (7) days of the date of this Memorandum and Order. So Ordered by Judge Joanna Seybert on 9/3/2013. C/ECF (Valle, Christine)
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Filing
269
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION - For the reasons set forth herein, Magistrate Judge Tomlinson's R&Rs are ADOPTED IN THEIR ENTIRETY. See Docket Nos. 262, 263, 264. Plaintiffs' partial default judgment motions filed as Docket Nos. 145, 149, 157, 173, 184 are GRANTED. Plaintiffs' motion for partial default judgment and an expedited inquest (Docket No. 189) is GRANTED IN PART AND DENIED AS MOOT IN PART. The Clerk of the Court is directed to issue a judgment in Plaintiffs' favor on the amounts set forth herein, against those Defendants. Additionally, the Clerk of the Court is directed to amend the judgment entered by Electronic Order on September 30, 2010 against Ms. Slacum and ADCI. The Amended J udgment should reflect that Ms. Slacum and ADCI are jointly and severally liable with Ambiente GMBH, Peter Schmidt, Muhsin Karakurt a/k/a Muhsin Veli, Mehmed Kocabas, Hseyin Coban, Ali Karli, Moritz Johannas Wagner d/b/a C.B.O.D. Serviceburo Germany, Carter Bailey Oppenheim & Dryfus, Inc., J. Greenbaum, John Ralston, and not just each other. Any assets that Plaintiffs recover from any Defendant shall be deposited in the Court's registry pending this case's resolution or further order of the Court. Plaintiffs are directed to consult with Magistrate Judge Tomlinson concerning the proper procedure for depositing said assets. The Court shall retain jurisdiction of this matter for all purposes. Plaintiffs are ORDERED to serve a copy of this Order upon each Defaulting Defendant. So Ordered by Judge Joanna Seybert on 3/17/2011. C/ECF; Certified copy of Order forwarded to Financial Office, Brooklyn. (Valle, Christine)
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Filing
60
ORDER ADOPTING REPORT AND RECOMMENDATION - The Court hereby ADOPTS the 57 Report and Recommendation in its entirety and ORDERS that default judgment be entered against Dfts Greenbaum, Ralston, and Carter Bailey (Docket Entry Nos. 9 , 14 ). However, the calculation of damages shall be deferred until this case is resolved. Ordered by Judge Joanna Seybert on 9/10/09. C/ECF (Valle, Christine)
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Filing
57
REPORT AND RECOMMENDATIONS re 14 MOTION for Default Judgment as to Defendants Carter, Bailey, Oppenheim & Dryfus, Inc. and J. Greenbaum and John Ralston filed by Johannes Baumgartner, 9 Ex Parte MOTION for Default Judgment as to Carter Bailey Oppenheim & Dryfus Inc., J. Greenbaum, John Ralston filed by Johannes Baumgartner. Objections to R&R due by 8/31/2009. For the reasons set forth in the attached report and recommendation, I respectfully recommend to Judge Seybert that (1 ) that a default judgment is warranted and should be entered against Defendants CBOD, Greenbaum, and Ralston; and (2) the calculation of damages against Defendants CBOD, Greenbaum, and Ralston be deferred until the case is resolved as to the non-defaulting Salzman Defendants. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/14/2009. (Monaco, Laura)
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