Kindle v. Dejana et al
Plaintiff: Michael Brewley and Linda J. Kindle
Defendant: Peter Dejana, Karen Bokowski, John Sipala, Atrium Management Services, Inc., Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, William F. Wynperle, Jr., Atrium Management Services, Inc. Employee Stock Ownership Plan and Saddle Creek, LLC
Special Master: Brian Bornino
Case Number: 2:2014cv06784
Filed: November 19, 2014
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Sandra J Feuerstein
Referring Judge: Arlene R Lindsay
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2018 Filing 176 Letter to Judge re Settlement Checks by Michael Brewley (Feinberg, Daniel)
October 25, 2018 Opinion or Order ORDER finding as moot #174 Motion to Enforce Judgment in light of Plaintiffs' letter #175 . Ordered by Judge Sandra J. Feuerstein on 10/25/2018. (Disbrow, Sandra)
October 24, 2018 Filing 175 Letter re: Employer Payroll Taxes by Michael Brewley (Feinberg, Daniel)
September 30, 2018 Filing 174 MOTION to Enforce Judgment And Final Approval Order by Michael Brewley. (Attachments: #1 Memorandum in Support Of Plaintiffs Motion To Enforce Final Approval Order, #2 Declaration Of Daniel Feinberg, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Declaration Of Jarrod Salinas Regarding Payroll Taxes, #7 Declaration Of Service, #8 Transmittal Cover Letter For Motion) (Barney, Mason)
September 6, 2018 Filing 173 Letter re Motion to Enforce Final Approval Order by Michael Brewley (Feinberg, Daniel)
August 30, 2018 Opinion or Order Electronic ORDER re #169 , #170 , #171 , and #172 . The case is settled and closed. A formal motion on notice is required to the extent a party seeks to re-open the matter. Ordered by Judge Sandra J. Feuerstein on 8/30/2018. (Disbrow, Sandra)
August 28, 2018 Filing 172 Letter in response to Docket No. 171 by Peter Dejana (Snyder, John)
August 27, 2018 Filing 171 Letter in Response to Mr. Snyder's August 24, 2018 Letter (ECF 170) by Michael Brewley (Feinberg, Daniel)
August 24, 2018 Filing 170 Letter in response to Mr. Feinberg's August 20, 2018 letter (No. 169) by Peter Dejana (Snyder, John)
August 20, 2018 Filing 169 Letter re Settlement Payment by Michael Brewley (Feinberg, Daniel)
August 1, 2018 Filing 167 CLERK'S JUDGMENT: ORDERED and ADJUDGED that this action is dismissed with prejudice, with each party to bear to bear its own costs, expenses and fees, except as specified in the Settlement. Ordered by Clerk of Court on 8/1/2018. (Toritto, Jim)
July 31, 2018 Opinion or Order Filing 166 ORDER granting #165 Motion for Settlement - The Clerk of the Court is directed to enter Final Judgment in this action pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO Ordered by Judge Sandra J. Feuerstein on 7/31/2018. (Tirado, Chelsea)
July 27, 2018 Filing 168 Minute Entry for proceedings held on 7/27/2018 before Judge Sandra J. Feuerstein: Civil Cause for Fairness Hearing. Counsel for Plaintiff: Daniel Feinberg, Mason Barney, and Aaron Siri. Counsel for Defendant: John Snyder, Michael Geraghty. Court Reporter: Fred Guerino. Case called. Court approved the proposed settlement. (Tirado, Chelsea)
July 24, 2018 Opinion or Order SCHEDULING ORDER: re #165 Notice of MOTION for Settlement Final Approval filed by Michael Brewley. Due to an unforeseen change in the Court's calendar, the Final Fairness Hearing previously scheduled for 7/26/18 (by telephone) at 11:15 AM is hereby rescheduled to 7/27/18 at 11:15 AM. The hearing will still be conducted telephonically and Plaintiff's counsel is directed to contact Chambers at the time of the hearing once all parties are on the line. Ordered by Judge Sandra J. Feuerstein on 7/24/2018. (Roman, Joshua)
July 23, 2018 Opinion or Order SCHEDULING ORDER: re #165 Notice of MOTION for Settlement Final Approval filed by Michael Brewley. Due to a change in the Court's calendar and in light of the fact that the Court has not received a Notice of Intent to Appear at the Fairness Hearing from any of the 292 Class Members nor is the Court in receipt of an Written Objections from any Class Member, the Final Fairness Hearing presently scheduled for 7/26/18 at 11:15 AM is hereby converted into a telephonic hearing on the same date and time. Plaintiff's counsel is directed to contact Chambers at the time of the conference once all parties are on the line. In the event Class Counsel is in receipt of Notice(s) of Intent to Appear at the Fairness Hearing or Written Objections not otherwise received by the Court, Class Counsel is directed to promptly notify the Court of the same in writing, but in no event later than close of business on 7/24/18. Ordered by Judge Sandra J. Feuerstein on 7/23/2018. (Roman, Joshua)
July 12, 2018 Filing 165 Notice of MOTION for Settlement Final Approval by Michael Brewley. (Attachments: #1 Memorandum in Support of Motion for Final Approval, #2 Declaration of Daniel Feinberg in Support of Motion, #3 Exhibit A to Decl. of D. Feinberg, #4 Exhibit B to Decl. of D. Feinberg, #5 Exhibit C to Decl. of D. Feinberg, #6 Declaration of Jarrod Salinas Regarding Class Notice, #7 Proposed Order Granting Final Approval of Settlement) (Feinberg, Daniel)
June 6, 2018 Filing 164 NOTICE of Change of Address by Daniel Mark Feinberg (Feinberg, Daniel)
May 25, 2018 Opinion or Order ORDER re #161 Letter filed by Michael Brewley, #160 Letter filed by Michael Brewley, #162 Letter filed by Michael Brewley. Having reviewed the Parties' respective correspondence, the Court hereby directs Defendants to produce the requested Class data (including social security numbers for all Class members as well as the mailing addresses for those Class Members who elected an IRA Rollover in 2012) by June 15, 2018. Likewise the date for the Final Approval Hearing is hereby rescheduled to July 26, 2018 at 11:15 AM. Defendants are hereby placed on notice that failure to provide the required Class information to Plaintiff's counsel by the June 15, 2018 deadline may result in monetary sanctions. Ordered by Judge Sandra J. Feuerstein on 5/25/2018. (Roman, Joshua)
May 23, 2018 Opinion or Order Filing 163 Order Dismissing Parties re #159 Stipulation of Dismissal - Pursuant to the Stipulation above, the above-captioned action is HEREBY DISMISSED without prejudice as to Defendants John Sipala and Saddle Creek, LLC only. Defendants shall bear the attorneys' fees and costs for Defendants John Sipala and Saddle Creek, LLC. This Order does not alter the terms of the Parties' 9/5/2017 Settlement. IT IS SO Ordered by Judge Sandra J. Feuerstein on 5/23/2018. (Tirado, Chelsea)
May 23, 2018 Filing 162 Letter re Class Data by Michael Brewley (Feinberg, Daniel)
May 23, 2018 Filing 161 Letter filed on behalf of Dejana Defendants by Michael Brewley (Feinberg, Daniel)
May 23, 2018 Opinion or Order ORDER re #160 Letter filed by Michael Brewley. Defendants' counsel is directed to file a response to Plaintiff's letter [DE 160] by close of business today. Ordered by Judge Sandra J. Feuerstein on 5/23/2018. (Roman, Joshua)
May 22, 2018 Filing 160 Letter re Class Data by Michael Brewley (Attachments: #1 Exhibit 1 to Letter of D. Feinberg, #2 Exhibit 2 to Letter of D. Feinberg) (Feinberg, Daniel)
May 4, 2018 Filing 159 STIPULATION of Dismissal Without Prejudice as to Defendants John Sipala and Saddle Creek, LLC Only by Michael Brewley (Feinberg, Daniel)
April 18, 2018 Opinion or Order ORDER granting #158 . Plaintiff's letter motion (on consent of all parties) seeking an adjournment of the 6/27/18 Final Fairness Hearing is granted. The Final Fairness Hearing will instead take place on 7/18/18 at 11:15 AM. Ordered by Judge Sandra J. Feuerstein on 4/18/2018. (Roman, Joshua)
April 17, 2018 Filing 158 Letter MOTION for Hearing Date by Michael Brewley. (Feinberg, Daniel)
April 12, 2018 Opinion or Order Filing 157 ORDER granting #153 Motion for Settlement - The Court hereby sets the following settlement procedure: (A) Within 7 calendar days of the date of this Order, Dejana Defendants will provide Class data to Class Counsel and the Settlement Administrator; (B) Within 14 calendar days of the date of this Order, the Settlement Administrator will mail the Class Notice to all Class Members. (C) 40 calendar days after the mailing of the Class Notice will be the postmark deadline for class members to object to the Settlement; (D) The Court will fold a Final Approval and Fairness Hearing on 6/27/2018 at 11:15AM at the U.S. District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York, Courtroom 1010; (E) Plaintiff will file a Motion for Final Approval of the Settlement no later than 14 calendar days before the Final Approval and Fairness Hearing; (F) The Parties shall abide by the terms of the Settlement. SO Ordered by Judge Sandra J. Feuerstein on 4/12/2018. (Tirado, Chelsea)
April 12, 2018 Opinion or Order Filing 156 MEMORANDUM AND ORDER granting in part and denying in part #150 Motion for Attorney Fees - For the reasons set forth above, Plaintiff's motion for attorneys' fees and costs is GRANTED, in part, and DENIED, in part as follows: (1) Plaintiff is awarded $955,944.00 in attorneys' fees for litigating this action; (2) Plaintiff is awarded $102,896.34 in costs and disbursements; and (3) Plaintiff Michael Brewley is awarded a service fee in the amount of $10,000. SO Ordered by Judge Sandra J. Feuerstein on 4/12/2018. (Tirado, Chelsea)
April 5, 2018 Opinion or Order ORDER denying #155 Motion for Hearing. The Court is in receipt of all materials necessary in order to issue a ruling concerning Plaintiff's motion for fees, costs and a service award. Therefore, the instant motion is denied since a hearing on Plaintiff's fee motion is unnecessary at this time. Ordered by Judge Sandra J. Feuerstein on 4/5/2018. (Roman, Joshua)
April 3, 2018 Filing 155 Letter MOTION for Hearing by Michael Brewley (Feinberg, Daniel) Modified docket entry from letter to motion on 4/4/2018 (Tirado, Chelsea).
March 7, 2018 Filing 154 CERTIFICATE OF SERVICE by Michael Brewley re #153 Notice of MOTION for Settlement Preliminary Approval (Feinberg, Daniel)
March 7, 2018 Filing 153 Notice of MOTION for Settlement Preliminary Approval by Michael Brewley. (Attachments: #1 Memorandum in Support of Motion for Preliminary Approval, #2 Declaration of D. Feinberg in Support of Motion for Preliminary Approval, #3 Exhibit A to Decl. of D. Feinberg, #4 Exhibit B to Decl. of D. Feinberg, #5 Proposed Order) (Feinberg, Daniel)
February 20, 2018 Filing 152 REPLY in Support re #150 Notice of MOTION for Attorney Fees filed by Michael Brewley. (Feinberg, Daniel)
February 13, 2018 Filing 151 MEMORANDUM in Opposition re #150 Notice of MOTION for Attorney Fees filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr. (Attachments: #1 Declaration of John H Snyder in opposition to Plaintiff's fee application) (Snyder, John)
February 6, 2018 Filing 150 Notice of MOTION for Attorney Fees by Michael Brewley. (Attachments: #1 Memorandum in Support of Motion for Attorneys' Fees, #2 Declaration of D. Feinberg, #3 Exhibit 1 of 11 to D. Feinberg Decl., #4 Exhibit 2 of 11 to D. Feinberg Decl., #5 Exhibit 3 of 11 to D. Feinberg Decl., #6 Exhibit 4 of 11 to D. Feinberg Decl., #7 Exhibit 5 of 11 to D. Feinberg Decl., #8 Exhibit 6 of 11 to D. Feinberg Decl., #9 Exhibit 7 of 11 to D. Feinberg Decl., #10 Exhibit 8 of 11 to D. Feinberg Decl., #11 Exhibit 9 of 11 to D. Feinberg Decl., #12 Exhibit 10 of 11 to D. Feinberg Decl., #13 Exhibit 11 of 11 to D. Feinberg Decl., #14 Declaration of A. Siri, #15 Certificate of Service) (Feinberg, Daniel)
January 23, 2018 Filing 149 Letter from Special Master to Judge Feuerstein by Michael Brewley (Feinberg, Daniel)
November 6, 2017 Opinion or Order Filing 148 STIPULATION AND ORDER APPOINTING SPECIAL MASTER - Brian Bornino appointed. SO Ordered by Judge Sandra J. Feuerstein on 11/6/2017. (Tirado, Chelsea)
November 3, 2017 Filing 147 Proposed Pretrial Order Appointing Special Master by Michael Brewley (Barney, Mason)
October 31, 2017 Opinion or Order ORDER re #146 Letter,, filed by Atrium Funding LLC, William F. Wynperle, Jr., Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Management Services, Inc., Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, #145 Letter filed by Michael Brewley. The Court has reviewed Plaintiff's letter [DE 145] as well as Defendants' opposition to the same [DE 146]. Having done so, the Court hereby denies Defendants' request to permit the Special Master to opine as to whether the valuations set forth in Defendants' expert report or Plaintiff's expert report were arrived at in "good faith." Accordingly, the parties are to execute the version of the Proposed Order [DE 145-1] which does not incorporate the aforementioned "good faith" language. The fully executed Proposed Order is to be filed by close of business on November 3, 2017. Upon receipt, the Court will "so order" the document. Ordered by Judge Sandra J. Feuerstein on 10/31/2017. (Roman, Joshua)
October 27, 2017 Filing 146 Letter in reply to Mr. Feinberg's October 24, 2017 Letter (Doc No. 145) by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr (Attachments: #1 Exhibit Offer of Judgment, #2 Exhibit Garber Deposition Transcript, #3 Exhibit Plaintiff's Pre-Trial Damages Request, #4 Exhibit Declaration of Kenneth J. Pia Jr.) (Snyder, John)
October 24, 2017 Filing 145 Letter to Hon. Sandra J. Feuerstein by Michael Brewley (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 4) (Feinberg, Daniel)
September 14, 2017 Opinion or Order Filing 144 ORDER re #137 Letter filed by Michael Brewley. See attached Order. Ordered by Judge Sandra J. Feuerstein on 9/14/2017. (Walsh, Kenneth)
September 13, 2017 Filing 143 AFFIDAVIT/AFFIRMATION of William Wynperle and Peter Dejana (on behalf of all Dejana Parties) confirming agreement to settlement terms as stated in open court on 9/5/17 by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr (Snyder, John)
September 12, 2017 Filing 142 AFFIDAVIT/AFFIRMATION Regarding Binding Settlement by John Sipala (Geraghty, Michael)
September 12, 2017 Filing 141 AFFIDAVIT/AFFIRMATION of Michael Brewley re Settlement by Michael Brewley (Barney, Mason)
September 7, 2017 Filing 138 Letter dated 9/7/17 concerning proposed Special Master by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr (Snyder, John)
September 6, 2017 Filing 140 Minute Entry for proceedings held on 9/6/2017 before Judge Sandra J. Feuerstein: Civil Cause for Telephone Conference. Counsel for Plaintiff: Daniel Feinberg and Todd Jackson, Mason Barney and Aaron Siri. Counsel for Defendant: John Schneider, Michael Geraghty. Case called. All counsel shall file affidavits with the Court by 9/13/2017 at 3PM. (Tirado, Chelsea)
September 6, 2017 Filing 137 Letter to Court re: proposed appraisers by Michael Brewley (Feinberg, Daniel)
September 6, 2017 NOTICE of Hearing: The Court has set a telephone conference for 9/6/2017 at 3:00 p.m. Plaintiffs shall initiate the call and contact the Court at 631-712-5630 when all parties are on the line. (Walsh, Kenneth)
September 5, 2017 Filing 139 Minute Entry for proceedings held on 9/5/2017 before Judge Sandra J. Feuerstein: Civil Cause for Bench Trial. Counsel for Plaintiff: Mason Barney, Todd Jackson, and Dan Feinberg. Counsel for Defendant: John H. Snyder and Michael Geraghty. Court Reporter: D. Tursi, P. Lombardi, and F. Guerino. Case called. Bench Trial held. #134 , #135 and #136 resolved on the record. Case settled on the record. Case closed. (Tirado, Chelsea) (Main Document 139 replaced on 9/13/2017) (Tirado, Chelsea).
September 2, 2017 Filing 136 Letter in response to plaintiffs letter dated August 31, 2017, seeking the Courts guidance on how to conduct the order of examinations of defendants witnesses by Saddle Creek, LLC, John Sipala (Geraghty, Michael)
September 1, 2017 Filing 135 Letter in Response to Plaintiff's 8/31/17 letter by Saddle Creek, LLC, John Sipala (Geraghty, Michael)
August 31, 2017 Filing 134 Letter to Honorable Sandra J. Feuerstein by Michael Brewley (Barney, Mason)
August 21, 2017 Filing 133 TRIAL BRIEF by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr (Snyder, John)
August 21, 2017 Filing 132 NOTICE by Saddle Creek, LLC, John Sipala - Statement of Elements of Defenses and Summary of Facts (Geraghty, Michael)
August 21, 2017 Filing 131 TRIAL BRIEF by Saddle Creek, LLC, John Sipala (Geraghty, Michael)
August 21, 2017 Filing 130 TRIAL BRIEF Plaintiff's Motion in Limine by Michael Brewley (Feinberg, Daniel)
August 21, 2017 Filing 129 TRIAL BRIEF Plaintiff's Statement of Damages and Other Relief Sought by Michael Brewley (Attachments: #1 Exhibit) (Feinberg, Daniel)
August 21, 2017 Filing 128 TRIAL BRIEF Plaintiff's Statement of Elements of Claims and Summary of Supporting Facts by Michael Brewley (Feinberg, Daniel)
May 8, 2017 Filing 127 NOTICE of Appearance by Todd Jackson on behalf of All Plaintiffs (notification declined or already on case) (Jackson, Todd)
May 4, 2017 Opinion or Order ORDER re #126 : The Motion of Todd Jackson for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Arlene R. Lindsay on 5/4/2017. c/ecf (Imrie, Robert)
May 3, 2017 Filing 126 MOTION for Leave to Appear Pro Hac Vice for Todd Jackson Filing fee $ 150, receipt number 0207-9500247. by Michael Brewley, Linda J. Kindle. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing for Todd Jackson) (Jackson, Todd)
April 12, 2017 Filing 125 Minute Entry; For proceedings held on April 12, 2017 before Judge Sandra J. Feuerstein; For Civil Cause for Telephone Conference; Appearances: Pltffs. Atty.: Daniel Feinberg, present, Mason Barnay, present; Defts Atty.: John Schneider, present, Michael Geraghty, present; Courtroom Deputy: Bryan Morabito. Case called. A Bench Trial is rescheduled before Judge Feuerstein on 9/5/2017 at 10:00 a.m. (Fagan, Linda)
April 10, 2017 NOTICE of Hearing: A telephone conference regarding Defendants' motion to adjourn the bench trial has been set for 4/12/2017 at 11:00 AM. Defendants shall initiate the call and contact the Court at 631-712-5630 when all parties are on the line. (Walsh, Kenneth)
April 6, 2017 Filing 124 MOTION to Adjourn Conference (Adjourn Bench Trial Scheduled for week of 4/24/17) by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr. (Snyder, John)
April 4, 2017 Filing 123 NOTICE of Appearance by Mason Adams Barney on behalf of All Plaintiffs (aty to be noticed) (Barney, Mason)
March 31, 2017 Filing 122 NOTICE of Change of Address by Aaron Siri (Siri, Aaron)
March 9, 2017 Filing 121 Minute Entry for proceedings held on 3/9/2017 before Judge Sandra J. Feuerstein: Civil Cause for Pretrial Conference. Counsel for Plaintiff: Daniel Feinberg. Counsel for Defendant: John Schneider, Michael Geraghty. Case called. A bench trial is scheduled before the Judge Feuerstein on 4/24/2017 at 10AM. (Tirado, Chelsea)
February 28, 2017 Opinion or Order Filing 120 OPINION & ORDER denying #117 Motion for Partial Summary Judgment - For the foregoing reasons, Plaintiffs' motion for summary judgment is denied and the Sipala Defendants' cross-motion for summary judgment is denied. SO Ordered by Judge Sandra J. Feuerstein on 2/28/2017. (Tirado, Chelsea)
December 27, 2016 Set/Reset Hearings: The 1/12/2017 pretrial conference is adjourned to 3/9/2017 at 11:15 AM in Courtroom 1010 of the Central Islip Courthouse before Judge Sandra J. Feuerstein. (Walsh, Kenneth)
December 23, 2016 Filing 119 Letter Request to adjourn the Final Pretrial Conference scheduled for January 12, 2017 by Michael Brewley, Linda J. Kindle (Feinberg, Daniel)
October 14, 2016 Opinion or Order ORDER: The pretrial conference scheduled to be held before me on 10/19/2016 is adjourned until 1/12/2017 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 10/14/2016. (Walsh, Kenneth)
June 24, 2016 Opinion or Order ORDER denying #118 Motion; oral argument will be scheduled if the Court deems it necessary upon review of the motions. In addition, due to a change in the Court's calendar, the pretrial conference scheduled for 6/29/16 has been adjourned to 10/19/16 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 6/24/2016. (Disbrow, Sandra)
June 23, 2016 Filing 118 Letter MOTION for Hearing re #117 Notice of MOTION for Partial Summary Judgment and Cross-Motion for Summary Judgment (Request for Oral Argument) by Saddle Creek, LLC, John Sipala. (Geraghty, Michael)
June 22, 2016 Filing 117 Notice of MOTION for Partial Summary Judgment and Cross-Motion for Summary Judgment by Saddle Creek, LLC, John Sipala. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Declaration of Michael Brewley in Support, #4 Declaration of Daniel Feinberg in Support, #5 Exhibit 1 to the Feinberg Declaration, #6 Exhibit 2 to the Feinberg Declaration, #7 Exhibit 3 to the Feinberg Declaration, #8 Exhibit 4 to the Feinberg Declaration, #9 Exhibit 5 to the Feinberg Declaration, #10 Exhibit 6 to the Feinberg Declaration, #11 Exhibit 7 to the Feinberg Declaration, #12 Exhibit 8 to the Feinberg Declaration, #13 Exhibit 9 to the Feinberg Declaration, #14 Exhibit 10 to the Feinberg Declaration, #15 Exhibit 11 to the Feinberg Declaration, #16 Exhibit 12 to the Feinberg Declaration, #17 Exhibit 13 to the Feinberg Declaration, #18 Exhibit 14 to the Feinberg Declaration, #19 Exhibit 15 to the Feinberg Declaration, #20 Exhibit 16 to the Feinberg Declaration, #21 Exhibit 17 to the Feinberg Declaration, #22 Exhibit 18 to the Feinberg Declaration, #23 Exhibit 19 to the Feinberg Declaration, #24 Exhibit 20 to the Feinberg Declaration, #25 Exhibit 21 to the Feinberg Declaration, #26 Exhibit 22 to the Feinberg Declaration, #27 Exhibit 23 to the Feinberg Declaration, #28 Exhibit 24 to the Feinberg Declaration, #29 Exhibit 25 to the Feinberg Declaration, #30 Exhibit 26 to the Feinberg Declaration, #31 Exhibit 27 to the Feinberg Declaration, #32 Exhibit 28 to the Feinberg Declaration, #33 Exhibit 29 to the Feinberg Declaration, #34 Exhibit 30 to the Feinberg Declaration, #35 Exhibit 31 to the Feinberg Declaration, #36 Exhibit 32 to the Feinberg Declaration, #37 33 to the Feinberg Declaration, #38 Cover Letter, #39 Certificate of Service, #40 Saddle Creek Defendants' Notice of Cross-Motion for Summary Judgment, #41 Memorandum of Law in Support of Defendants' Saddle Creek, LLC's and John Sipala's Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment, #42 Rule 56.1 Statement, #43 Saddle Creek Defendants' Counter Statement of Disputed Material Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment, #44 Declaration of Michael J. Geraghty in Support of Defendants' Saddle Creek, LLC's and John Sipala's Cross-Motion for Summary Judgmnet, #45 Exhibit A to the Geraghty Declaration, #46 Exhibit B to the Geraghty Declaration, #47 Exhibit C to the Geraghty Declaration, #48 Exhibit D to the Geraghty Declaration, #49 Exhibit E to the Geraghty Declaration, #50 Declaration of John J. Sipala in Opposition to Plaintiff's Motion for Partial Summary Judgment and in Support of Saddle Creek Defendants' Cross-Motion for Summary Judgment, #51 Exhibit A to the Sipala Declaration, #52 Exhibit B to the Sipala Declaration, #53 Exhibit C to the Sipala Declaration, #54 Exhibit D to the Sipala Declaration, #55 Exhibit E to the Sipala Declaration, #56 Exhibit F to the Sipala Declaration, #57 Exhibit G to the Sipala Declaration, #58 Exhibit H, I & J to the Sipala Declaration, #59 Exhibit K to the Sipala Declaration, #60 Exhibit L to the Sipala Declaration, #61 Exhibit M to the Sipala Declaration, #62 Cover Letter, #63 Certificate of Service, #64 Memorandum in Opposition, #65 Plaintiff's Rule 56.1 Counterstatement of Material Facts, #66 Declaration of Daniel Feinberg in Support of Plaintiff's Opposition to Sipala Defendants' Motion for Summary Judgment, #67 Exhibit 35 to the Feinberg Declaration, #68 Exhibit 36 to the Feinberg Declaration, #69 Exhibit 37 to the Feinberg Declaration, #70 Exhibit 38 to the Feinberg Declaration, #71 Exhibit 39 to the Feinberg Declaration, #72 Exhibit 40 to the Feinberg Declaration, #73 Exhibit 41 to the Feinberg Declaration, #74 Exhibit 42 to the Feinberg Declaration, #75 Exhibit 43 to the Feinberg Declaration, #76 Exhibit 44 to the Feinberg Declaration, #77 Exhibit 45 to the Feinberg Declaration, #78 Certificate of Service, #79 Plaintiff's Reply Memorandum of Law in Further Support of Motion for Partial Summary Judgment, #80 Declaration of Daniel Feinberg in Further Support of Plaintiff's Motion for Partial Summary Judgment, #81 Exhibit 34 to the Feinberg Declaration, #82 Certificate of Service, #83 Reply Memorandum of Law in Further Support of Defendants' Saddle Creek, LLC's and John Sipala's Cross-Motion for Summary Judgment, #84 Saddle Creek Defendants' Reply to Plaintiff's Counter-Statement of Disputed Material Facts, #85 Certificate of Service) (Geraghty, Michael)
May 2, 2016 Opinion or Order ORDER The briefing schedule #116 is So Ordered. The pretrial conference scheduled for 5/19/16 is adjourned to 6/29/16 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 5/2/2016. (Disbrow, Sandra)
April 28, 2016 Filing 116 Letter re Consensual Briefing Schedule for Defendants' Cross-Motion for Summary Judgment (Opposition and Reply) by Michael Brewley (Feinberg, Daniel)
April 27, 2016 Filing 115 NOTICE of Appearance by Nicole Joy Leibman on behalf of Saddle Creek, LLC, John Sipala (aty to be noticed) (Leibman, Nicole)
April 25, 2016 Opinion or Order Filing 114 ORDER granting #108 Motion to Certify Class. The Court appoints Brewley as class representative, and the firms of Feinberg, Jackson, Worthman & Wasow LLP and Siri & Glimstad LLP as class co-counsel. Ordered by Judge Sandra J. Feuerstein on 4/25/2016. (Florio, Lisa)
April 22, 2016 Filing 113 Letter to the Hon. Sandra J. Feuerstein regarding the service of the Cross-Motion for Summary Judgment and all Supporting Papers pursuant to Your Honor's "bundle rule" by Saddle Creek, LLC, John Sipala (Geraghty, Michael)
April 21, 2016 Opinion or Order Filing 111 ORDER re #109 Letter re Revised Briefing Schedule for Plaintiff's Motion for Partial Summary Judgment. SO ORDERED that the application is granted. The pretrial conference scheduled for 5/5/16 is adjourned to 5/19/16 @ 11:15 am in Courtroom 1010. Ordered by Judge Sandra J. Feuerstein on 4/21/2016. (Florio, Lisa)
April 20, 2016 Filing 112 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay: Conference held on 4/20/2016. All discovery is complete and the Joint Pretrial Order has been approved for filing. Accordingly, the matter is returned to the District Court for final disposition.(Imrie, Robert) This document has been regenerated to correct a statistical error no action is necessary. Modified on 4/13/2017 (Imrie, Robert).
April 20, 2016 Opinion or Order ORDER: Upon review the #110 Proposed Pretrial Order substantially complies with District Judge Feuerstein's individual rules and is approved for filing. Ordered by Magistrate Judge Arlene R. Lindsay on 4/20/2016. c/ecf (Imrie, Robert)
April 20, 2016 Filing 110 Proposed Pretrial Order by Michael Brewley (Siri, Aaron)
April 11, 2016 Filing 109 Letter re Revised Briefing Schedule for Plaintiff's Motion for Partial Summary Judgment by Michael Brewley (Feinberg, Daniel)
April 11, 2016 Filing 108 MOTION to Certify Class Plaintiff's Renewed Motion for Class Certification by Michael Brewley. (Attachments: #1 Declaration of Daniel Feinberg in Support of Plaintiff's Motion for Class Certification, #2 Exhibit Ex. 1 to Decl. of Daniel Feinberg, #3 Exhibit Ex. 2 to Decl. of Daniel Feinberg, #4 Exhibit Ex. 3 to Decl. of Daniel Feinberg, #5 Exhibit Ex. 4 to Decl. of Daniel Feinberg, #6 Exhibit Ex. 5 to Decl. of Daniel Feinberg, #7 Exhibit Ex. 6 to Decl. of Daniel Feinberg, #8 Exhibit Ex. 7 to Decl. of Daniel Feinberg, #9 Exhibit Ex. 8 to Decl. of Daniel Feinberg, #10 Exhibit Ex. 9 to Decl. of Daniel Feinberg, #11 Exhibit Ex. 10 to Decl. of Daniel Feinberg, #12 Exhibit Ex. 11 to Decl. of Daniel Feinberg, #13 Exhibit Ex. 12 to Decl. of Daniel Feinberg, #14 Exhibit Ex. 13 to Decl. of Daniel Feinberg, #15 Exhibit Ex. 14 to Decl. of Daniel Feinberg, #16 Exhibit Ex. 15 to Decl. of Daniel Feinberg, #17 Declaration Declaration of Aaron Siri in Support of Plaintiff's Motion for Class Certification, #18 Exhibit Ex. A to the Decl. of Aaron Siri, #19 Proof of Service) (Feinberg, Daniel)
April 11, 2016 Filing 107 Letter re Filing of Renewed Motion for Class Certification by Michael Brewley (Feinberg, Daniel)
April 8, 2016 Filing 106 Letter to Court re non-opposition to Plaintiff's motion for class certification by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr (Snyder, John)
March 26, 2016 Opinion or Order ORDER denying #105 Motion to Adjourn Conference. The motion is denied. Ordered by Judge Sandra J. Feuerstein on 3/26/2016. c/ECF (Chan, Lisa)
March 26, 2016 Opinion or Order ORDER granting #104 Motion to Amend/Correct/Supplement. The motion is granted, and the Saddle Creek Defendants are granted leave to file a cross-motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 with their opposition to Plaintiffs pending motion for summary judgment. Ordered by Judge Sandra J. Feuerstein on 3/26/2016. c/ECF (Chan, Lisa)
March 25, 2016 Filing 105 Letter MOTION to Adjourn Conference Final Pretrial Conference by Saddle Creek, LLC. (Geraghty, Michael)
March 25, 2016 Filing 104 Letter MOTION to Amend/Correct/Supplement the April 14, 2016 Scheduling Order by Saddle Creek, LLC. (Geraghty, Michael)
March 18, 2016 Filing 103 Letter re: Consensual Briefing Schedules for Plaintiff's Motion for Class Certification and Motion for Partial Summary Judgment by Michael Brewley (Feinberg, Daniel)
March 4, 2016 Filing 102 Letter to Opposing Counsel re Plaintiff's Motion for Partial Summary Judgment Against Sipala Defendants by Michael Brewley (Feinberg, Daniel)
March 4, 2016 Filing 101 Letter to Opposing Counsel re Renewed Motion for Class Certification by Michael Brewley (Feinberg, Daniel)
February 8, 2016 Opinion or Order Filing 100 Order Dismissing Parties Re: #99 Stipulation and Order to Dismiss without Prejudice as to Plaintiff Linda J. Kindle. So Ordered by Judge Sandra J. Feuerstein on 2/8/2016. (Ortiz, Grisel)
February 5, 2016 Filing 99 STIPULATION of Dismissal Without Prejudice as to Plaintiff Linda Kindle Only by Saddle Creek, LLC, John Sipala (Geraghty, Michael)
November 9, 2015 Filing 98 NOTICE of Change of Firm name, address, phone number, and attorney email address by Daniel Mark Feinberg (Feinberg, Daniel)
September 25, 2015 Opinion or Order ORDER granting #97 Motion to Withdraw as Attorney. Attorney Andrew Lah terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 9/25/2015. (Imrie, Robert)
September 23, 2015 Filing 97 MOTION to Withdraw as Attorney of Record Andrew Lah by Michael Brewley, Linda J. Kindle. (Attachments: #1 Proposed Order) (Feinberg, Daniel)
August 27, 2015 Opinion or Order Filing 96 ORDER re #80 Motion for Reconsideration re #77 Order on Motion to Compel. SO ORDERED that plaintiffs' objections are overruled and the Order is affirmed in its entirety. Ordered by Judge Sandra J. Feuerstein on 8/27/2015. (Florio, Lisa)
August 25, 2015 Opinion or Order Filing 95 ORDER re #93 Motion to Compel. See Attached Order. Ordered by Magistrate Judge Arlene R. Lindsay on 8/25/2015. (Jacobwitz, Beth)
August 11, 2015 Filing 94 REPLY in Opposition re #93 Letter MOTION to Compel re 2nd Request for Production of Documents filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr. (Snyder, John)
August 6, 2015 Filing 93 Letter MOTION to Compel re 2nd Request for Production of Documents by Michael Brewley, Linda J. Kindle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Feinberg, Daniel)
August 6, 2015 Filing 92 Letter to Opposing Counsel re Motion for Class Certification by Michael Brewley (Feinberg, Daniel)
August 4, 2015 Opinion or Order ORDER denying #85 Motion to Certify Class WITHOUT PREJUDICE for failure to comply with Rule 4 of Judge Feuerstein's individual rules; finding as moot #91 Motion to Adjourn Conference. Ordered by Judge Sandra J. Feuerstein on 8/4/2015. (Morabito, Bryan)
August 3, 2015 Filing 91 Letter MOTION to Adjourn Conference for Class Certification Motion by Michael Brewley. (Feinberg, Daniel)
July 23, 2015 Filing 90 AFFIDAVIT/DECLARATION in Opposition re #80 MOTION for Reconsideration re #77 Order on Motion to Compel filed by Saddle Creek, LLC, John Sipala. (Rader, Lauren)
July 23, 2015 Filing 89 MEMORANDUM in Opposition re #80 MOTION for Reconsideration re #77 Order on Motion to Compel filed by Saddle Creek, LLC, John Sipala. (Rader, Lauren)
July 21, 2015 Filing 88 AFFIDAVIT/DECLARATION in Support re #85 Notice of MOTION to Certify Class of Daniel Feinberg filed by Michael Brewley. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Feinberg, Daniel)
July 21, 2015 Filing 87 AFFIDAVIT/DECLARATION in Support re #85 Notice of MOTION to Certify Class of Aaron Siri filed by Michael Brewley. (Attachments: #1 Exhibit A) (Feinberg, Daniel)
July 21, 2015 Filing 86 MEMORANDUM in Support re #85 Notice of MOTION to Certify Class filed by Michael Brewley. (Feinberg, Daniel)
July 21, 2015 Filing 85 Notice of MOTION to Certify Class by Michael Brewley. Responses due by 8/4/2015 (Feinberg, Daniel)
July 14, 2015 Opinion or Order Filing 84 ORDER re #83 Letter filed by Michael Brewley, Linda J. Kindle. SEE ATTACHED ORDER. Ordered by Magistrate Judge Arlene R. Lindsay on 7/14/2015. (Jacobwitz, Beth)
July 13, 2015 Filing 83 Letter from Daniel Feinberg by Michael Brewley, Linda J. Kindle (Feinberg, Daniel)
July 9, 2015 Filing 82 DECLARATION re #80 MOTION for Reconsideration re #77 Order on Motion to Compel of Daniel Feinberg by Michael Brewley, Linda J. Kindle (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H) (Feinberg, Daniel)
July 9, 2015 Filing 81 DECLARATION re #80 MOTION for Reconsideration re #77 Order on Motion to Compel of Aaron Siri by Michael Brewley, Linda J. Kindle (Attachments: #1 Exhibit A) (Feinberg, Daniel)
July 9, 2015 Filing 80 MOTION for Reconsideration re #77 Order on Motion to Compel by Michael Brewley, Linda J. Kindle. (Feinberg, Daniel)
July 1, 2015 Opinion or Order ORDER granting #79 Motion for Hearing. A telephone conference is scheduled for July 1, 2015 at 2:00 p.m. Counsel for the defendants is directed to initiate the call and once all parties are on the line, chambers may be contacted at (631) 712-5730. Ordered by Magistrate Judge Arlene R. Lindsay on 7/1/2015. (Jacobwitz, Beth)
July 1, 2015 Opinion or Order ORDER: The parties have orally advised that they have resolved their issues. Accordingly, the July 1, 2015 conference is canceled. Ordered by Magistrate Judge Arlene R. Lindsay on 7/1/2015. c/ecf (Imrie, Robert)
June 30, 2015 Filing 79 Letter Motion for Hearing, a telephone conference, by Saddle Creek, LLC (Geraghty, Michael) Modified original letter entry into a motion on 7/1/2015 (Florio, Lisa).
June 26, 2015 Filing 78 ANSWER to Complaint /Answer of Defendants Saddle Creek, LLC and John Sipala to Second Amended Complaint by Saddle Creek, LLC, John Sipala. (Rader, Lauren)
June 25, 2015 Opinion or Order Filing 77 ORDER re #73 : See attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 6/25/2015. (Lanin, Debbie)
June 22, 2015 Filing 76 NOTICE of Appearance by Lauren Nicole Rader on behalf of Saddle Creek, LLC, John Sipala (aty to be noticed) (Rader, Lauren)
June 16, 2015 Filing 75 RESPONSE to Motion re #73 MOTION to Compel / Renewed Motion to Compel filed by Saddle Creek, LLC, John Sipala. (Geraghty, Michael)
June 10, 2015 Opinion or Order ORDER re #74 : The time for defendants Saddle Creek, LLC and John Sipala to respond to plaintiffs' #73 motion to compel is extended to and including June 16, 2015. Ordered by Magistrate Judge Arlene R. Lindsay on 6/10/2015. c/ecf (Imrie, Robert)
June 9, 2015 Filing 74 MOTION for Extension of Time to File Response/Reply as to #73 MOTION to Compel / Renewed Motion to Compel by Saddle Creek, LLC, John Sipala. (Geraghty, Michael)
June 8, 2015 Filing 73 MOTION to Compel / Renewed Motion to Compel by Michael Brewley, Linda J. Kindle. (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) (Siri, Aaron)
June 1, 2015 Filing 72 AMENDED COMPLAINT against All Plaintiffs, filed by Linda J. Kindle, Michael Brewley. (Feinberg, Daniel)
June 1, 2015 Opinion or Order ORDER re #71 : The Stipulation is So Ordered. The plaintiff shall file the Second Amended Complaint upon receipt of this Order. Ordered by Magistrate Judge Arlene R. Lindsay on 6/1/2015. c/ecf (Imrie, Robert)
May 29, 2015 Filing 71 Joint MOTION to Amend/Correct/Supplement #21 Amended Complaint,, Stipulation with Proposed Order by Linda J. Kindle. (Attachments: #1 Exhibit A) (Feinberg, Daniel)
May 15, 2015 Opinion or Order ORDER granting #70 The Stipulation and Protective Order Governing Disclosure of Confidential Information is so ordered. Ordered by Magistrate Judge Arlene R. Lindsay on 5/15/2015. c/ecf (Miller, Dina)
May 13, 2015 Filing 70 Joint MOTION for Protective Order Governing Disclosure of Confidential Information by Linda J. Kindle. (Attachments: #1 Exhibit to Protective Order) (Feinberg, Daniel)
April 14, 2015 Opinion or Order Filing 69 SCHEDULING ORDER: Final Pretrial Conference set for April 20, 2016 at 11:00 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 4/14/2015. c/ecf (Imrie, Robert) (Main Document 69 replaced on 4/15/2015) (Imrie, Robert).
April 13, 2015 Opinion or Order Filing 68 ORDER re #62 : See attached Order for Details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/13/2015. c/ecf (Imrie, Robert)
April 9, 2015 Filing 67 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Telephone Initial Conference Hearing held on 4/9/2015. Case called. Outstanding discovery is respectfully referred to the assigned Magistrate Judge. All discovery to be completed by 1/5/2016. Dispositive motions to be served and filed with the Court by 3/4/16. A pretrial conference is scheduled before Judge Feuerstein on 5/5/2016 at 11:15 am. (Florio, Lisa)
April 7, 2015 Filing 66 CERTIFICATE OF SERVICE by Linda J. Kindle (Feinberg, Daniel)
April 6, 2015 Opinion or Order Filing 65 ORDER re #64 : See attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/6/2015. c/ecf (Imrie, Robert)
April 2, 2015 Due to a change in the Court's calendar. the conference originally scheduled before Judge Feuerstein on 4/20/2015 is advanced and converted into a telephone conference on 4/9/2015 at 3:30 pm. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan)
March 30, 2015 Filing 64 MOTION for Protective Order by Linda J. Kindle. (Attachments: #1 Proposed Order) (Siri, Aaron)
March 17, 2015 Filing 63 RESPONSE to Motion re #62 MOTION to Compel / Set Production Deadline for the Dejana Defendants filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr. (Snyder, John)
March 13, 2015 Filing 62 MOTION to Compel / Set Production Deadline for the Dejana Defendants by Linda J. Kindle. (Attachments: #1 Exhibit A - Document Requests to Dejana Defendants, #2 Exhibit B - Proposed Protective Order, #3 Exhibit C - Dejana Defendants' Responses & Objections, #4 Exhibit D - Letter Dated Oct. 27, 2014, #5 Exhibit E - Letter Dated Oct. 29, 2014, #6 Exhibit F - Rule 11 Letter Dated Sept. 10, 2014, #7 Exhibit G - Email Dated Dec. 18, 2014) (Siri, Aaron)
February 27, 2015 Opinion or Order ORDER re #59 and #61 : In light of the representations of counsel, plaintiff's letter motion to compel is hereby terminated with leave to renew should defendants not produce responsive documents on or before March 6, 2015. Ordered by Magistrate Judge Arlene R. Lindsay on 2/27/2015. (Lanin, Debbie)
February 26, 2015 Filing 61 Letter Providing Status Update on Letter Motion of February 24, 2015 by Linda J. Kindle (Siri, Aaron)
February 26, 2015 Filing 60 NOTICE of Change of Address and Email of Michael J. Geraghty, Esq. lead attorney by Michael J. Geraghty (Geraghty, Michael)
February 24, 2015 Filing 59 MOTION to Compel by Linda J. Kindle. (Attachments: #1 Exhibit A - Document Requests to John Sipala, #2 Exhibit B - Document Requests to Saddle Creek LLC, #3 Exhibit C - Responses & Objections, #4 Exhibit D - Meet & Confer Request, #5 Exhibit E - Amended Complaint) (Siri, Aaron)
February 5, 2015 Opinion or Order ORDER granting #58 Motion to Continue insofar as the initial conference previously scheduled for 4/2/15 is hereby adjourned to 4/20/15 at 11:15 a.m. Ordered by Judge Sandra J. Feuerstein on 2/5/2015. (Whipple, Kate)
February 4, 2015 Filing 58 Letter MOTION to Continue Inital Case Conference by Linda J. Kindle. (Feinberg, Daniel)
January 26, 2015 Opinion or Order ORDER re #57 Stipulation filed by Saddle Creek, LLC, John Sipala, Attorney Michael J. Geraghty terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 1/26/2015. c/ecf (Imrie, Robert) Modified Attorney Michael J. Geraghtyon has been unterminated 2/10/2015 (Florio, Lisa).
January 23, 2015 Opinion or Order Filing 57 STIPULATION and Order of Substitution of Counsel by Saddle Creek, LLC, John Sipala (Attachments: #1 Declaration Pursuant to Local Civil Rule 1.4, #2 Certificate of Service) (Geraghty, Michael)
December 22, 2014 Filing 56 ANSWER to Complaint AMENDED by Saddle Creek, LLC, John Sipala. (Geraghty, Michael)
December 19, 2014 Filing 55 The Dejana Defendants' ANSWER to #21 Amended Complaint,, by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr. (Snyder, John)
November 25, 2014 Filing 54 DECLARATION /Certificate of Service of Notice of Initial Conference by Linda J. Kindle (Siri, Aaron)
November 20, 2014 NOTICE of Hearing: Initial Conference set for 4/2/2015 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, NY, 11722. The parties must appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendant(s) and file proof of such service with the Court. (Whipple, Kate)
November 19, 2014 Filing 53 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne)
November 19, 2014 Filing 52 Case transferred in from District of New York Southern; Case Number 1:14-cv-05143. Original file certified copy of transfer order and docket sheet received.
November 12, 2014 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of New York. (ja) [Transferred from New York Southern on 11/19/2014.]
November 12, 2014 Opinion or Order Filing 51 ORDER granting #34 Motion to Dismiss; granting #34 Motion to Transfer Case; granting #45 Motion to Dismiss. Defendants' motion to transfer venue to the Eastern District of New York (Docket Nos. 34 and 45) is GRANTED on consent. (Docket No. 50). Accordingly, the Clerk of Court is directed to (1) terminate Docket Nos. 34 and 45; (2) transfer this case to the United States District Court for the Eastern District of New York pursuant to Title 28, United States Code, Section 1404(a); and (3) close the case on this Court's docket. (Signed by Judge Jesse M. Furman on 11/12/2014) (ja) [Transferred from New York Southern on 11/19/2014.]
November 10, 2014 Filing 50 LETTER addressed to Judge Jesse M. Furman from Daniel Feinberg dated 11-10-2014 re: Consent to Transfer. Document filed by Linda J. Kindle.(Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 Filing 49 LETTER addressed to Judge Jesse M. Furman from John H. Snyder dated 11/3/2014 re: request to stay discovery pending motion to dismiss. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr.(Snyder, John) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 Filing 48 DECLARATION of Michael J. Geraghty, Esq. in Support re: #45 MOTION to Dismiss .. Document filed by Saddle Creek, LLC, John Sipala. (Geraghty, Michael) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Saddle Creek, LLC, John Sipala.(Geraghty, Michael) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss . . Document filed by Saddle Creek, LLC, John Sipala. (Geraghty, Michael) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 Filing 45 MOTION to Dismiss . Document filed by Saddle Creek, LLC, John Sipala. Responses due by 11/21/2014 Return Date set for 12/15/2014 at 09:00 AM.(Geraghty, Michael) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 Opinion or Order Filing 44 ORDER deferring ruling on #41 Letter Motion for Local Rule 37.2 Conference. Plaintiff shall file any opposition to Defendants' applications for a stay by November 10, 2014. In the same letter, Plaintiff shall indicate whether she would consent to transfer of the case to the Eastern District of New York. In the meantime, all dates and deadlines remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney John Hoover Snyder to RE-FILE Document #41 LETTER MOTION for Local Rule 37.2 Conference regarding request for discovery stay pending Defendants' motion to dismiss for improper venue addressed to Judge Jesse M. Furman from John H. Snyder dated 11/03/2014. Use the event type Letter found under the event list Other Documents. (db) [Transferred from New York Southern on 11/19/2014.]
November 4, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael J. Geraghty to RE-FILE Document #42 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) [Transferred from New York Southern on 11/19/2014.]
November 3, 2014 Filing 43 LETTER addressed to Judge Jesse M. Furman from Michael J. Geraghty, Esq. dated November 3, 2014 re: Kindle v. Dejana, et al.. Document filed by Saddle Creek, LLC, John Sipala.(Geraghty, Michael) [Transferred from New York Southern on 11/19/2014.]
November 3, 2014 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Saddle Creek, LLC, John Sipala. Responses due by 11/21/2014 Return Date set for 12/15/2014 at 09:00 AM. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Geraghty, Michael) Modified on 11/4/2014 (db). Modified on 11/4/2014 (db). [Transferred from New York Southern on 11/19/2014.]
November 3, 2014 Filing 41 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference regarding request for discovery stay pending Defendants' motion to dismiss for improper venue addressed to Judge Jesse M. Furman from John H. Snyder dated 11/03/2014. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr.(Snyder, John) Modified on 11/4/2014 (db). [Transferred from New York Southern on 11/19/2014.]
November 3, 2014 Opinion or Order Filing 40 ORDER: that Plaintiff shall file any amended complaint by November 21, 2014. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by November 21, 2014. Defendant's reply, if any, shall be served by November 28, 2014. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. (Amended Pleadings due by 11/21/2014.) (Signed by Judge Jesse M. Furman on 11/3/2014) (tn) Modified on 11/13/2014 (tn). [Transferred from New York Southern on 11/19/2014.]
October 31, 2014 Filing 39 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Plaintiff's Amended Complaint. MOTION to Transfer Case to the Eastern District of New York. . Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr. (Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 31, 2014 Filing 38 DECLARATION of John H. Snyder, Esq. in Support re: #34 MOTION to Dismiss Plaintiff's Amended Complaint. MOTION to Transfer Case to the Eastern District of New York.. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 31, 2014 Filing 37 DECLARATION of Peter Dejana in Support re: #34 MOTION to Dismiss Plaintiff's Amended Complaint. MOTION to Transfer Case to the Eastern District of New York.. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana. (Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 31, 2014 Filing 36 DECLARATION of Greg Feldman in Support re: #34 MOTION to Dismiss Plaintiff's Amended Complaint. MOTION to Transfer Case to the Eastern District of New York.. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana. (Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 31, 2014 Filing 35 DECLARATION of John Sipala in Support re: #34 MOTION to Dismiss Plaintiff's Amended Complaint. MOTION to Transfer Case to the Eastern District of New York.. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana. (Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 31, 2014 Filing 34 MOTION to Dismiss Plaintiff's Amended Complaint.( Responses due by 12/1/2014), MOTION to Transfer Case to the Eastern District of New York. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana. Return Date set for 12/15/2014 at 09:30 AM.(Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 14, 2014 Filing 33 AFFIDAVIT OF SERVICE. Saddle Creek, LLC served on 10/6/2014, answer due 10/27/2014. Service was accepted by John Sipala, Managing Agent. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
October 14, 2014 Filing 32 AFFIDAVIT OF SERVICE. John Sipala served on 10/6/2014, answer due 10/27/2014. Service was accepted by John Sipala. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
October 7, 2014 Filing 31 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT KAREN BOKOWSKI ONLY: that pursuant to Fed. R. Civ. Pro. 41(a), Plaintiff voluntarily dismisses the above-captioned action without prejudice as to Defendant Karen Bokowski only. The Clerk of Court is directed to terminate Ms. Bokowski as a defendant in this matter. (Signed by Judge Jesse M. Furman on 10/7/2014) (tn) [Transferred from New York Southern on 11/19/2014.]
October 6, 2014 Filing 30 LETTER addressed to Judge Jesse M. Furman from Daniel Feinberg dated October 6, 2014 re: Defendant Karen Bokowski. Document filed by Linda J. Kindle. (Attachments: #1 Notice of Voluntary Dismissal of Defendant Karen Bokowski Only [Proposed])(Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
October 3, 2014 Filing 29 ELECTRONIC SUMMONS ISSUED as to Saddle Creek, LLC. (laq) [Transferred from New York Southern on 11/19/2014.]
October 2, 2014 Opinion or Order Filing 26 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 7/31/2015. Expert Discovery, including reports, production of underlying documents, and depositions, due by 9/14/2015. Depositions of fact witnesses due by 7/31/2015. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is two weeks. Pretrial Conference set for 1/20/2015 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/1/2014) (tn) Modified on 10/3/2014 (tn). [Transferred from New York Southern on 11/19/2014.]
October 2, 2014 Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to John Sipala, re: #21 Amended Complaint,. Document filed by Linda J. Kindle. (Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
October 2, 2014 Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Saddle Creek, LLC., re: #21 Amended Complaint,. Document filed by Linda J. Kindle. (Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
October 2, 2014 Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to Atrium Funding LLC, re: #21 Amended Complaint,. Document filed by Linda J. Kindle. (Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
October 1, 2014 Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 10/1/2014. Daniel Feinberg present for the Plaintiff. John Snyder present for the Defendants. (ab) [Transferred from New York Southern on 11/19/2014.]
October 1, 2014 Filing 22 LETTER addressed to Judge Jesse M. Furman from John H. Snyder dated September 30, 2014 re: Discovery Stay. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Funding LLC, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr.(Snyder, John) [Transferred from New York Southern on 11/19/2014.]
October 1, 2014 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. The following party has been modified:John Sipala.The party has been modified for the following reason(s): Incorrect party role selected. (jom) [Transferred from New York Southern on 11/19/2014.]
October 1, 2014 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. The following party has been modified:Saddle Creek, LLC.The party has been modified for the following reason(s): Incorrect party role selected. (jom) [Transferred from New York Southern on 11/19/2014.]
October 1, 2014 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. The following party has been modified:Atrium Funding LLC.The party has been modified for the following reason(s): Incorrect party role selected. (jom) [Transferred from New York Southern on 11/19/2014.]
September 30, 2014 Filing 28 ELECTRONIC SUMMONS ISSUED as to John Sipala. (laq) [Transferred from New York Southern on 11/19/2014.]
September 30, 2014 Filing 27 ELECTRONIC SUMMONS ISSUED as to Atrium Funding LLC. (laq) [Transferred from New York Southern on 11/19/2014.]
September 30, 2014 Filing 21 FIRST AMENDED COMPLAINT amending #1 Complaint, against Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Peter Dejana, William F. Wynperle, Jr, John Sipala, Saddle Creek, LLC, Atrium Funding LLC.Document filed by Linda J. Kindle. Related document: #1 Complaint, filed by Linda J. Kindle.(Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
September 25, 2014 Filing 20 JOINT LETTER addressed to Judge Jesse M. Furman from Daniel Feinberg and John Snyder dated September 25, 2014 re: Initial Pretrial Conference. Document filed by Linda J. Kindle. (Attachments: #1 Exhibit A)(Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
August 13, 2014 Filing 19 STIPULATION: The undersigned counsel of record hereby STIPULATE that Defendants' time to answer or move with respect to Plaintiff's Complaint dated July 7, 2014 is ADJOURNED to September 12, 2014. (Signed by Judge Jesse M. Furman on 8/13/2014) (kgo) [Transferred from New York Southern on 11/19/2014.]
August 13, 2014 Set/Reset Deadlines: Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan answer due 9/12/2014; Atrium Management Services, Inc. answer due 9/12/2014; Atrium Management Services, Inc. Employee Stock Ownership Plan answer due 9/12/2014; Karen Bokowski answer due 9/12/2014; Peter Dejana answer due 9/12/2014; William F. Wynperle, Jr answer due 9/12/2014. Motions due by 9/12/2014. (kgo) [Transferred from New York Southern on 11/19/2014.]
August 12, 2014 Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan.(Snyder, John) [Transferred from New York Southern on 11/19/2014.]
August 12, 2014 Filing 17 NOTICE OF APPEARANCE by John Hoover Snyder on behalf of Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Karen Bokowski, Peter Dejana, William F. Wynperle, Jr. (Snyder, John) [Transferred from New York Southern on 11/19/2014.]
August 11, 2014 Filing 16 LETTER addressed to Judge Jesse M. Furman from Aaron Siri dated August 11, 2014 re: Confirming Service of the Court's July 22, 2014 Order on All Defendants. Document filed by Linda J. Kindle.(Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
August 5, 2014 Filing 15 AFFIDAVIT OF SERVICE. Karen Bokowski served on 7/30/2014, answer due 8/20/2014. Service was accepted by Karen Bokowski. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
August 1, 2014 Filing 14 AFFIDAVIT OF SERVICE. William F. Wynperle, Jr served on 7/26/2014, answer due 8/18/2014. Service was accepted by William F. Wynperle, Jr.. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
August 1, 2014 Filing 13 AFFIDAVIT OF SERVICE. Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan served on 7/30/2014, answer due 8/20/2014. Service was accepted by Megan Tobin, Receptionist. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
August 1, 2014 Filing 12 AFFIDAVIT OF SERVICE. Atrium Management Services, Inc. Employee Stock Ownership Plan served on 7/30/2014, answer due 8/20/2014. Service was accepted by Megan Tobin, Receptionist. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
August 1, 2014 Filing 11 AFFIDAVIT OF SERVICE. Atrium Management Services, Inc. served on 7/30/2014, answer due 8/20/2014. Service was accepted by Megan Tobin, Receptionist. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
August 1, 2014 Filing 10 AFFIDAVIT OF SERVICE. Peter Dejana served on 7/23/2014, answer due 8/13/2014. Service was accepted by Megan Tobin. Document filed by Linda J. Kindle. (Siri, Aaron) [Transferred from New York Southern on 11/19/2014.]
July 24, 2014 Opinion or Order Filing 9 ORDER granting #7 Motion for Andrew Lah to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) [Transferred from New York Southern on 11/19/2014.]
July 24, 2014 Opinion or Order Filing 8 ORDER granting #6 Motion for Daniel Mark Feinberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) [Transferred from New York Southern on 11/19/2014.]
July 23, 2014 Filing 7 MOTION for Andrew Lah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Linda J. Kindle. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice)(Lah, Andrew) [Transferred from New York Southern on 11/19/2014.]
July 23, 2014 Filing 6 MOTION for Daniel Mark Feinberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918344. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Linda J. Kindle. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice)(Feinberg, Daniel) [Transferred from New York Southern on 11/19/2014.]
July 23, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Daniel Mark Feinberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918344. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) [Transferred from New York Southern on 11/19/2014.]
July 23, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Andrew Lah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918471. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) [Transferred from New York Southern on 11/19/2014.]
July 22, 2014 Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/1/2014 at 03:00 PM in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/22/2014) (mro) [Transferred from New York Southern on 11/19/2014.]
July 15, 2014 Opinion or Order Filing 4 ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: This case was previously designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"). IT IS HEREBY ORDERED that designation is hereby vacated. (Signed by Judge Jesse M. Furman on 7/15/2014) (ab) [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 Opinion or Order Filing 3 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (moh) [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 Filing 2 CIVIL COVER SHEET filed. (moh) (lcu). [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 Filing 1 COMPLAINT against Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Karen Bokowski, Peter Dejana, William F. Wynperle, Jr. (Filing Fee $ 350.00, Receipt Number 1099791)Document filed by Linda J. Kindle.(moh) (lcu). [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 SUMMONS ISSUED as to Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan, Atrium Management Services, Inc., Atrium Management Services, Inc. Employee Stock Ownership Plan, Karen Bokowski, Peter Dejana, William F. Wynperle, Jr. (moh) [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 Magistrate Judge Gabriel W. Gorenstein is so designated. (moh) [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Aaron Siri for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Aaron Siri, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 11/19/2014.]
July 9, 2014 Case Designated ECF. (moh) [Transferred from New York Southern on 11/19/2014.]

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Search for this case: Kindle v. Dejana et al
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Defendant: Peter Dejana
Represented By: John Hoover Snyder
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Defendant: Karen Bokowski
Represented By: John Hoover Snyder
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Defendant: John Sipala
Represented By: Michael J. Geraghty
Represented By: Lauren Nicole Rader
Represented By: Nicole Joy Leibman
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Defendant: Atrium Management Services, Inc.
Represented By: John Hoover Snyder
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Defendant: Administrative Committee for the Atrium Management Services, Inc. Employee Stock Ownership Plan
Represented By: John Hoover Snyder
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Defendant: Atrium Funding LLC
Represented By: John Hoover Snyder
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Defendant: William F. Wynperle, Jr.
Represented By: John Hoover Snyder
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Defendant: Atrium Management Services, Inc. Employee Stock Ownership Plan
Represented By: John Hoover Snyder
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Defendant: Saddle Creek, LLC
Represented By: Michael J. Geraghty
Represented By: Lauren Nicole Rader
Represented By: Nicole Joy Leibman
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Special master: Brian Bornino
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Plaintiff: Michael Brewley
Represented By: Aaron Siri
Represented By: Mason Adams Barney
Represented By: Daniel Mark Feinberg
Represented By: Todd Jackson
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Plaintiff: Linda J. Kindle
Represented By: Andrew Lah
Represented By: Mason Adams Barney
Represented By: Daniel Mark Feinberg
Represented By: Aaron Siri
Represented By: Todd Jackson
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