Cobalt Multifamily Investors I, LLC et al v. Arden et al
Case Number: 1:2006cv06172
Filed: August 14, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Michael H. Dolinger
Presiding Judge: Kimba M. Wood
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 78 m(a) Securities Exchange Act
Jury Demanded By: Defendant
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Date Filed Document Text
September 12, 2014 Opinion or Order Filing 267 OPINION & ORDER re: 264 MOTION for Leave to File Amended Complaint filed by Anthony Paduano, 243 MOTION for Judgment on the Pleadings filed by Brett Stitsky: For the reasons stated above, Defendant's motion for jud gment on the pleadings is GRANTED in part and DENIED in part. See Dkt. No. 243. The Receiver recently sought leave to amend its complaint. See Dkt. No. 264. If the Receiver seeks to make additional amendments to its complaint in light of this deci sion, it may refile its motion for leave to amend by September 22, 2014. Also by September 22, 2014, the Receiver shall file a letter stating what ground, if any, exists for not dismissing the first cause of action against Defendant Jared Stone, as well, for the reasons stated in this decision. Defendant Jared Stone may reply to the Receiver's letter by September 29, 2014. (Motions due by 9/22/2014.) (Signed by Judge Kimba M. Wood on 9/11/2014) (tn)
July 31, 2014 Opinion or Order Filing 254 OPINION & ORDER re: 231 CROSS MOTION for Extension of Time to Serve Defendant Jared Stitsky (if necessary).CROSS MOTION for Attorney Fees filed by Cobalt Multifamily Investors I, LLC, Anthony Paduano, Cobalt Capital Funding, LLC., Cobalt Multifamily Co. I, LLC, Vail Mountain Trust, 218 MOTION to Dismiss filed by Jared Stitsky. As set forth within, the Court (i) GRANTS the Receiver's cross-motion for an extension of time for service; (ii) DENIES Defendant's motion to dismiss; and (iii) DENIES the Receiver's motion for the costs of service. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/31/2014) (ajs)
October 24, 2013 Opinion or Order Filing 210 OPINION & ORDER: The Receiver's request for an extension of time to serve Defendants is GRANTED. The Court directs that the Receiver serve Defendants within thirty days from the date of this opinion. (Signed by Judge Kimba M. Wood on 10/24/2013) (tn)
September 4, 2012 Opinion or Order Filing 193 ORDER. The Court adopts the Report in its entirety. The Court GRANTS the motion for summary judgment against Farhi (Dkt. No. 185) and the motion for default judgment against Bethea (Dkt. No. 181), and enters judgments against Farhi and Bethea in accordance with the terms summarized in the Report. The clerk is ordered to close the case. All pending motions are moot. (Signed by Judge Kimba M. Wood on 9/4/2012) (rjm)
October 18, 2011 Opinion or Order Filing 148 OPINION AND ORDER: The Court hereby enters the Receiver's 25 proposed judgments. The Court orders the Receiver to submit, via facsimile and ECF, an additional status letter, detailing how the case has been resolved (either by judgment or settlem ent) with respect to each and every defendant listed in the caption. The Receiver should also include a stipulation of voluntary discontinuance as to defendant Comvest. The status letter and stipulation shall be submitted by Friday, 10/28/2011. (Signed by Judge Kimba M. Wood on 10/17/2011) (ft)
September 30, 2011 Opinion or Order Filing 147 OPINION AND ORDER re: 139 MOTION for Summary Judgment filed by Anthony Paduano. The Court thus adopts the R&R in its entirety. Accordingly, (1) summary judgment on the Receiver's first cause of action for sale of unregistered securities is GRA NTED against the individual defendants and denied against Comvest; and (2) summary judgment on the Receiver's third cause of action is GRANTED against the individual defendants, who are ordered to disgorge the commissions that they received for their sale of unregistered securities; and (3) summary judgment is DENIED with respect to any additional disgorgement on the theory of unjust enrichment.The Receiver shall submit a status letter to the Court by October 12,2011 outlining how he intends to proceed with the case, and whether the case should be closed. The Clerk of Court shall terminate Docket Entry Number 139. (Signed by Judge Kimba M. Wood on 9/30/2011) (cd)
September 28, 2010 Opinion or Order Filing 132 ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. The Court GRANTS the motion for default judgment (D.E. 124), and enters default judgments against the defaulted Defendants in accordance with the terms requested by the Receiver and summarized in the Report. The clerk is ordered to close the case. All pending motions are moot. (Signed by Judge Kimba M. Wood on 9/28/10) (cd)
November 6, 2009 Opinion or Order Filing 127 MEMORANDUM AND ORDER re plaintiffs motion for default judgment: we direct that plaintiffs serve and file a memorandum of law (and if necessary other supporting papers) by 11/13/09 addressing the legal issue of plaintiffs' standing. Defendants ma y respond by 11/20/09. Finally, from a review of the service list (included with the notice of motion, it is not entirely clear whether plaintiffs have served all of the defendants (or their counsel) against whom they now seek default judgments. Plai ntiffs are to clarify this ambiguity by filing a service list that specifies that each such defendant or his/her attorney has been served and when. This is to be done by 11/13/09. (Signed by Magistrate Judge Michael H. Dolinger on 11/4/09) Copies sent by chambers.(cd)
June 8, 2009 Opinion or Order Filing 122 OPINION AND ORDER:#97635 For the reasons discussed above, the Court adopts the Report in its entirety. Accordingly, the Court enters a default against the six non-responding Defendants. (Signed by Judge Kimba M. Wood on 6/4/2009) (jfe) Modified on 6/18/2009 (eef).
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