Executor of the New York Estate of Celia Cates, Philip Barash et al v. Pressley & Pressley, P.A. et al
||Executor of the New York Estate of Celia Kates, Philip Barash and Beneficiary of the Irving G. Kates New York Trust, Sandra Barash
||James G. Pressley, Jr. and Pressley & Pressley, P.A.
||July 6, 2011
||New York Eastern District Court
||Central Islip Office
||Joseph F. Bianco
||Arlene R. Lindsay
|Nature of Suit:
||Constitutional - State Statute
|Cause of Action:
||28:1332 Diversity-Breach of Fiduciary Duty
|Jury Demanded By:
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|Date Filed||#||Document Text|
|March 22, 2012
ORDER granting 9 Motion to Dismiss; granting 18 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, IT IS HEREBY ORDERED that the plaintiffs' claims are dismissed pursuant to Rules 12(b)(1) and 12(b)(6) of t he Federal Rules of Civil Procedure. The Court will issue a separate Order to Show Cause regarding defendants' request for sanctions (including a litigation injunction) and will provide plaintiffs with an opportunity to be heard regarding the sanctions sought. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/22/2012. (O'Neil, Jacquelyn)
|February 7, 2013
MEMORANDUM AND OPINION. For the reasons stated herein, plaintiffs' motion is denied in its entirety. Defendants' motion for attorneys' fees and costs is denied. Defendants' motion for a litigation injunction is granted. A separat e document will be issued by the Court setting forth the terms of the litigation injunction. Nothing in the injunction shall be construed as having any effect on plaintiffs' ability to file an appeal before the United States Court of Appeals for the Second Circuit, or to bring a lawsuit in this District unrelated to the subject matter of this litigation namely, plaintiffs may bring lawsuits unrelated to the management and administration of the Irving G. Kates Trust. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/7/2013. (O'Donnell, Kaitlin)
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