The Martin Hilti Family Trust v. Knoedler Gallery, LLC et al
Plaintiff: The Martin Hilti Family Trust
Defendant: Knoedler Gallery, LLC doing business as Knoedler & Company, Ann Freedman, Michael Hammer, 8-31 Holdings, Inc., Glafira Rosales, Jose Carlos Bergantinos Diaz, Does 1-10, Pei Shen Qian, Jaime R. Andrade, Jesus Angel Bergantin Diaz, Per Jensen, Hammer Galleries LLC, Jesus Angel Bergantinos Diaz and Per Haubro Jensen
Intervenor Plaintiff: USA
Case Number: 1:2013cv00657
Filed: January 29, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Paul G Gardephe
Referring Judge: Henry B Pitman
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2019 Opinion or Order Filing 339 ORDER AND JOINT STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and among undersigned counsel for The Martin Hilti Family Trust, 8-31 Holdings, Inc., Michael Armand Hammer and Knoedler Gallery, LLC (collectively, the "Stipulating Parties") that pursuant to Rule 4l(a)(2) of the Federal Rules of Civil Procedure, the above-captioned action against 8-31 Holdings, Inc., Michael Armand Hammer and Knoedler Gallery, LLC is voluntarily dismissed with prejudice. Each Stipulating Party shall bear its own costs and attorneys' fees. This Stipulation may be signed by the Stipulating Parties in any number of counterparts, each of which when so signed shall be an original, but all of which shall together constitute one and the same instrument. A signed facsimile or electronic copy of this Stipulation shall be deemed an original. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/8/2019) (jca)
August 8, 2019 Opinion or Order Filing 338 PROPOSED STIPULATION AND ORDER. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Neale, James)
August 7, 2019 Opinion or Order Filing 337 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Plaintiffs and without costs. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. Proposed Order to be reviewed by Clerk's Office staff..(Neale, James) Modified on 8/7/2019 (dt).
August 7, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James Neale to RE-FILE Document #337 Stipulation of Voluntary Dismissal. Use the event type Stipulation and Order found under the event list Proposed Orders. (dt)
July 11, 2019 Opinion or Order Filing 336 ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be, and hereby is, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within forty-five days of this order, either party may apply by letter within the forty-five day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. The Clerk of the Court is directed to close the case. Any pending dates and deadlines are adjourned sine die, and any pending motions are moot. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/11/2019) (jca)
July 11, 2019 Opinion or Order Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 7/11/2019. (Court Reporter Sonya Moore) (mr)
July 9, 2019 Opinion or Order Filing 335 ORDER: It is hereby ORDERED that there shall be a conference in the above-captioned case on Thursday, July 11, 2019 at 2:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York SO ORDERED. (Status Conference set for 7/11/2019 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/9/2019) (jca)
July 3, 2019 Opinion or Order Filing 334 ORDER: Defendants are directed to reply to Plaintiff's July 2, 2019 letter (Dkt. No. 333) by Monday, July 8, 2019 at 5:00 p.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/3/2019) (jca)
July 2, 2019 Opinion or Order Filing 333 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated 7/2/2019 re: Non-indictment Evidence. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
July 1, 2019 Opinion or Order Filing 332 NOTICE OF APPEARANCE by Kimberly Eden Carson on behalf of Knoedler Gallery, LLC. (Carson, Kimberly)
July 1, 2019 Opinion or Order Filing 331 NOTICE OF APPEARANCE by Maaren Alia Shah on behalf of Knoedler Gallery, LLC. (Shah, Maaren)
June 27, 2019 Opinion or Order Filing 330 NOTICE OF APPEARANCE by Paul Cossu on behalf of The Martin Hilti Family Trust. (Cossu, Paul)
June 18, 2019 Opinion or Order Filing 329 NOTICE OF APPEARANCE by Alex Ray Goldberg on behalf of The Martin Hilti Family Trust. (Goldberg, Alex)
June 17, 2019 Opinion or Order Filing 328 FIRST MEMORANDUM OF LAW in Opposition re: #270 MOTION in Limine TO EXCLUDE CERTAIN EVIDENCE RELATING TO THE INTERNATIONAL FOUNDATION FOR ART RESEARCH. Opposition to Plaintiff's Motion In Limine No. 5. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 327 DECLARATION of Rafael Guillermety in Opposition re: #270 MOTION in Limine TO EXCLUDE CERTAIN EVIDENCE RELATING TO THE INTERNATIONAL FOUNDATION FOR ART RESEARCH.. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit October 9, 2003 IFAR report, #2 Exhibit Excerpt Ann Freedman's deposiiton, #3 Exhibit Excerpt from transcript of trial hearing in De Sole v. Knoedler)(Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 326 FIRST MEMORANDUM OF LAW in Opposition re: #296 MOTION in Limine To Exclude the Opinions of Robert Wittman. Opposition to Plaintiff's Motion In Limine No. 2. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 325 DECLARATION of Usher Winslett in Opposition re: #296 MOTION in Limine To Exclude the Opinions of Robert Wittman.. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit Plaintiff MOL in De Sole v. Knoedler, et al., #2 Exhibit Defendants MOL in De Sole v. Knoedler, #3 Exhibit De Sole trial transcript, #4 Exhibit Robert Wittman's expert report from De Sole)(Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 324 MEMORANDUM OF LAW in Opposition re: #293 SIXTH MOTION in Limine Notice of Defendants' Motion. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 17, 2019 Opinion or Order Filing 323 MEMORANDUM OF LAW in Opposition re: #290 FIFTH MOTION in Limine Notice of Defendants' Motion. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 17, 2019 Opinion or Order Filing 322 MEMORANDUM OF LAW in Opposition re: #282 FOURTH MOTION in Limine Notice of Motion. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 17, 2019 Opinion or Order Filing 321 MEMORANDUM OF LAW in Opposition re: #279 THIRD MOTION in Limine Notice of Motion. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 17, 2019 Opinion or Order Filing 320 FIRST MEMORANDUM OF LAW in Opposition re: #277 MOTION in Limine To Exclude Evidence of Subsequent Remedial Measures. Opposition to Plaintiff's Motion In Limine No. 3. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 319 MEMORANDUM OF LAW in Opposition re: #276 SECOND MOTION in Limine . . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 17, 2019 Opinion or Order Filing 318 MEMORANDUM OF LAW in Opposition re: #280 FIRST MOTION in Limine Notice of Defendants' Motion. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 17, 2019 Opinion or Order Filing 317 FIRST MEMORANDUM OF LAW in Opposition re: #289 MOTION in Limine To Exclude Hearsay Regarding Certain Expenses. Opposition to Plaintiff's Motion In Limine No. 4. Document filed by 8-31 Holdings, Inc., Michael Hammer. (Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 316 DECLARATION of James H. Neale in Opposition re: #289 MOTION in Limine To Exclude Hearsay Regarding Certain Expenses.. Document filed by 8-31 Holdings, Inc., Michael Hammer. (Attachments: #1 Exhibit Deposition transcript Linda MacDonald, #2 Exhibit Deposition transcript of Ruth Blankschen, #3 Exhibit Table 5 and 5 from Expert Report of John Salomon, #4 Exhibit Deposition of Michael Hammer, #5 Exhibit Deposition of Peter Crocco, #6 Exhibit Crocco Deposition Exhibit 17, #7 Exhibit Crocco Deposition Exhibit 32)(Guillermety Kelly, Rafael)
June 17, 2019 Opinion or Order Filing 315 FIRST MEMORANDUM OF LAW in Opposition re: #273 MOTION in Limine . Opposition to Plaintiff's Motion In Limine No. 1. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Guillermety Kelly, Rafael)
June 12, 2019 Opinion or Order Filing 314 FIRST MEMORANDUM OF LAW in Support re: #309 SECOND MOTION in Limine Memorandum of Law in Support. Memorandum of Law in Support of Defendants' Motion In Limine #2. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Guillermety Kelly, Rafael)
June 12, 2019 Opinion or Order Filing 313 CONSENT ORDER GRANTING SUBSTITUTION OF COUNSEL: Pursuant to Local Rule 1.4 for the Southern District of New York, Defendants Knoedler Gallery, LLC, 8-31 Holdings, Inc., and Michael A. Hammer make the following substitution of counsel. The substitution of attorney is approved and so ORDERED. Attorney Charles David Schmerler; India DeCarmine and Mark Allen Robertson terminated. (Signed by Judge Paul G. Gardephe on 6/6/2019) (jca)
June 12, 2019 Opinion or Order Filing 312 ORDER: It is hereby ORDERED that trial in this matter will proceed on Monday, July 15, 2019, as previously scheduled. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/12/2019) (jca)
June 12, 2019 Opinion or Order Filing 311 LETTER addressed to Judge Paul G. Gardephe from James H. Neale dated June 12, 2019 re: The Martin Hilti Family Trust v. Knoedler Gallery, LLC, et al., 13-CV-057 (PGG). Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael)
June 12, 2019 Opinion or Order Filing 310 MEMORANDUM OF LAW in Support re: #277 MOTION in Limine To Exclude Evidence of Subsequent Remedial Measures. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 12, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Rafael Francisco Guillermety Kelly to RE-FILE Document #309 SECOND MOTION in Limine Memorandum of Law in Support. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
June 12, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James Hamilton Neale to RE-FILE Document #278 SECOND MOTION in Limine Memorandum in Support. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
June 11, 2019 Opinion or Order Filing 309 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine Memorandum of Law in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael) Modified on 6/12/2019 (db).
June 11, 2019 Opinion or Order Filing 308 NOTICE OF APPEARANCE by Kaveri Banka Arora on behalf of The Martin Hilti Family Trust. (Arora, Kaveri)
June 11, 2019 Opinion or Order Filing 307 NOTICE OF APPEARANCE by Eric Matthew Fishman on behalf of The Martin Hilti Family Trust. (Fishman, Eric)
June 10, 2019 Opinion or Order Filing 306 PROPOSED PRE-TRIAL ORDER. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Bagley, Ross)
June 10, 2019 Opinion or Order Filing 305 PROPOSED VOIR DIRE QUESTIONS. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 304 NOTICE of Joint Proposed Verdict Form. Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 10, 2019 Opinion or Order Filing 303 PROPOSED JURY INSTRUCTIONS. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 302 PRETRIAL MEMORANDUM. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 301 PRETRIAL MEMORANDUM. Document filed by Michael Hammer.(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 300 PRETRIAL MEMORANDUM. Document filed by Knoedler Gallery, LLC.(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 299 MEMORANDUM OF LAW in Support re: #296 MOTION in Limine To Exclude the Opinions of Robert Wittman. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 10, 2019 Opinion or Order Filing 298 DECLARATION of William L. Charron in Support re: #296 MOTION in Limine To Exclude the Opinions of Robert Wittman.. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 297 PRETRIAL MEMORANDUM. Document filed by 8-31 Holdings, Inc..(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 296 MOTION in Limine To Exclude the Opinions of Robert Wittman. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 295 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SIXTH MOTION in Limine Memorandum of Law in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael) Modified on 8/19/2019 (ldi).
June 10, 2019 Opinion or Order Filing 294 MEMORANDUM OF LAW in Support re: #289 MOTION in Limine To Exclude Hearsay Regarding Certain Expenses. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 10, 2019 Opinion or Order Filing 293 SIXTH MOTION in Limine Notice of Defendants' Motion. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 292 FIFTH MOTION in Limine Memorandum of Law in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 291 DECLARATION of William L. Charron in Support re: #289 MOTION in Limine To Exclude Hearsay Regarding Certain Expenses.. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 290 FIFTH MOTION in Limine Notice of Defendants' Motion. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 289 MOTION in Limine To Exclude Hearsay Regarding Certain Expenses. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 288 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FOURTH MOTION in Limine Memorandum in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Neale, James) Modified on 8/19/2019 (ldi).
June 10, 2019 Opinion or Order Filing 287 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - THIRD MOTION in Limine Memorandum in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Neale, James) Modified on 8/19/2019 (ldi).
June 10, 2019 Opinion or Order Filing 286 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine Memorandum of Law in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael) Modified on 8/19/2019 (ldi).
June 10, 2019 Opinion or Order Filing 285 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #310 Memorandum) - REPLY MEMORANDUM OF LAW in Support re: #277 MOTION in Limine To Exclude Evidence of Subsequent Remedial Measures. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross) Modified on 6/12/2019 (db).
June 10, 2019 Opinion or Order Filing 284 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine Declaration of James H. Neale in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael) Modified on 8/19/2019 (ldi).
June 10, 2019 Opinion or Order Filing 283 FOURTH MOTION in Limine Notice of Motion. Document filed by 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC, Knoedler Gallery, LLC.(Neale, James)
June 10, 2019 Opinion or Order Filing 282 FOURTH MOTION in Limine Notice of Motion. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Neale, James)
June 10, 2019 Opinion or Order Filing 281 DECLARATION of William L. Charron in Support re: #277 MOTION in Limine To Exclude Evidence of Subsequent Remedial Measures.. Document filed by The Martin Hilti Family Trust. (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)(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 280 FIRST MOTION in Limine Notice of Defendants' Motion. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Guillermety Kelly, Rafael)
June 10, 2019 Opinion or Order Filing 279 THIRD MOTION in Limine Notice of Motion. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Neale, James)
June 10, 2019 Opinion or Order Filing 278 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine Memorandum in Support. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Neale, James) Modified on 6/12/2019 (db).
June 10, 2019 Opinion or Order Filing 277 MOTION in Limine To Exclude Evidence of Subsequent Remedial Measures. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 276 SECOND MOTION in Limine . Document filed by 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC.(Neale, James)
June 10, 2019 Opinion or Order Filing 275 MEMORANDUM OF LAW in Support re: #273 MOTION in Limine . To Exclude The Opinions of John Salomon. Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 10, 2019 Opinion or Order Filing 274 DECLARATION of William L. Charron in Support re: #273 MOTION in Limine .. Document filed by The Martin Hilti Family Trust. (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)(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 273 MOTION in Limine . Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 272 MEMORANDUM OF LAW in Support re: #270 MOTION in Limine TO EXCLUDE CERTAIN EVIDENCE RELATING TO THE INTERNATIONAL FOUNDATION FOR ART RESEARCH. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
June 10, 2019 Opinion or Order Filing 271 DECLARATION of William L. Charron in Support re: #270 MOTION in Limine TO EXCLUDE CERTAIN EVIDENCE RELATING TO THE INTERNATIONAL FOUNDATION FOR ART RESEARCH.. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A)(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 270 MOTION in Limine TO EXCLUDE CERTAIN EVIDENCE RELATING TO THE INTERNATIONAL FOUNDATION FOR ART RESEARCH. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 10, 2019 Opinion or Order Filing 269 LETTER addressed to Judge Paul G. Gardephe from Usher Winslett dated JUNE 10, 2019 re: The Martin Hilti Family Trust v. Knoedler Gallery LLC, et al., 13 civ 0657. Document filed by Knoedler Gallery, LLC.(Winslett, Usher)
June 10, 2019 Opinion or Order Filing 268 LETTER addressed to Judge Paul G. Gardephe from James A. Janowitz dated June 10, 2019 re: Trial Date. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
June 6, 2019 Opinion or Order Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 6/6/2019. (Court Reporter Lisa Smith) (mr)
June 5, 2019 Opinion or Order Filing 267 PROPOSED CONSENT ORDER. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Schmerler, Charles)
June 4, 2019 Opinion or Order Filing 266 NOTICE OF APPEARANCE by Luke William Nikas on behalf of Knoedler Gallery, LLC. (Nikas, Luke)
May 31, 2019 Opinion or Order Filing 265 ORDER: It is hereby ORDERED that a telephone conference in this matter will take place on Thursday, June 6, 2019 at 5:00 p.m. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. (Telephone Conference set for 6/6/2019 at 05:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 5/31/2019) (cf)
May 31, 2019 Opinion or Order Filing 264 LETTER addressed to Judge Paul G. Gardephe from James A. Janowitz dated 5/31/2019 re: Trial Date. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
May 21, 2019 Opinion or Order Filing 263 NOTICE OF APPEARANCE by Rafael Francisco Guillermety Kelly on behalf of 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Guillermety Kelly, Rafael)
May 21, 2019 Opinion or Order Filing 262 NOTICE OF APPEARANCE by Usher T. Winslett on behalf of Knoedler Gallery, LLC. (Winslett, Usher)
May 15, 2019 Opinion or Order Filing 261 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated May 15, 2019 re: response to letter from plaintiff's counsel dated May 15, 2019. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Schmerler, Charles)
May 15, 2019 Opinion or Order Filing 260 LETTER addressed to Judge Paul G. Gardephe from James A. Janowitz dated May 15, 2019 re: Trial Schedule. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
May 13, 2019 Opinion or Order Filing 259 MEMO ENDORSEMENT on re: #258 Letter filed by The Martin Hilti Family Trust. ENDORSEMENT: The application is denied. This is a 2013 case must be resolved without further delay. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/13/2019) (jca)
May 13, 2019 Opinion or Order Filing 258 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated 5/13/2019 re: Trial Schedule. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
May 10, 2019 Opinion or Order Filing 257 ORDER: It is hereby ORDERED that trial in this matter will begin on Monday, July 15, 2019, at 9:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse. The joint pretrial order and motions in limine are due on June 10, 2019. Any responsive papers are due on June 17, 2019. There shall be a pretrial conference on Friday, July 12, 2019 at 10:00 a.m. SO ORDERED. (Motions due by 6/10/2019. Responses due by 6/17/2019 Pretrial Conference set for 7/12/2019 at 10:00 AM before Judge Paul G. Gardephe. Pretrial Order due by 6/10/2019. Jury Trial set for 7/15/2019 at 09:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 5/10/2019) (jca)
May 9, 2019 Opinion or Order Filing 256 ORDER denying #250 Letter Motion to Consolidate Cases. These cases will not be consolidated for trial. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/9/2019) (jca)
May 9, 2019 Opinion or Order Filing 255 MEMO ENDORSEMENT on re: (203 in 1:13-cv-01193-PGG-HBP) Letter filed by Frances Hamilton White, (254 in 1:13-cv-00657-PGG-HBP) Letter filed by The Martin Hilti Family Trust. ENDORSEMENT: The Court will not conduct an initial trial concerning the alter ego issue. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/9/2019) (jca)
May 8, 2019 Opinion or Order Filing 254 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated May 8, 2019 re: Response to May 6, 2019 Order. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
May 8, 2019 Opinion or Order Filing 253 MEMORANDUM OPINION AND ORDER: For the reasons stated above, Defendants' motions for summary judgment were denied in part and granted in part as set forth in this Court's March 31, 2019 Order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/8/2019) (jca)
May 6, 2019 Opinion or Order Filing 252 ORDER: Plaintiffs are directed to respond to Defendants' suggestion that the Court conduct "a joint alter ago trial" before proceeding to the trial of Plaintiffs' remaining claims, and to opine whether such an approach might facilitate the resolution of these cases. Plaintiffs will respond by 5:00 p.m. on May 8, 2019. (Signed by Judge Paul G. Gardephe on 5/6/2019) (mro)
May 3, 2019 Opinion or Order Filing 251 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated May 3, 2019 re: Position of defendants regarding consolidation of cases for trial. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Schmerler, Charles)
May 3, 2019 Opinion or Order Filing 250 LETTER MOTION to Consolidate Cases 1:13-cv-0657 & 1:13-cv-1193 for Trial addressed to Judge Paul G. Gardephe from William L. Charron dated May 3, 2019. Document filed by The Martin Hilti Family Trust.(Munoz, Michael)
May 3, 2019 Opinion or Order Filing 249 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated May 3, 2019 re: Position of Plaintiffs regarding consolidation for trial. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
April 30, 2019 Opinion or Order Filing 248 NOTICE OF APPEARANCE by James Hamilton Neale on behalf of 8-31 Holdings, Inc., Michael Hammer. (Neale, James)
April 24, 2019 Opinion or Order Filing 247 ORDER: On March 31, 2019, this Court issued an Order granting in part and denying in part Defendants' motions for summary judgment. (Hilti Dkt. No. 246; White Dkt. No. 196) The Court's reasoning will be explained in a forthcoming Memorandum Opinion and Order. The parties are directed to inform the Court by May 3, 2019, as to whether they wish these actions to be consolidated for the purposes of trial. (Signed by Judge Paul G. Gardephe on 4/24/2019) (js)
March 31, 2019 Opinion or Order Filing 246 ORDER denying as moot #211 Motion for Leave to File Document; granting in part and denying in part #212 Motion for Summary Judgment; granting in part and denying in part #214 Motion for Summary Judgment; granting #216 Motion for Summary Judgment; denying without prejudice to renewal by formal motion #226 Motion ; denying without prejudice to renewal by formal motion #235 Motion; denying as moot #243 Motion for Leave to File Document: In Martin Hilti Family Trust v. Knoedler Gallery LLC et al., No. 13 Civ. 0657 (PGG), Defendants Knoedler Gallery, LLC ("Knoedler"), 8-31 Holdings, Inc. ("8-31 "), and Michael Hammer have moved for summary judgment on the claims asserted against them by Plaintiff Martin Hilti Family Trust ("Hilti"). (Dkt. Nos. 212, 214, 216) For reasons that will be explained in a forthcoming Memorandum Opinion and Order: Defendants' motions for summary judgment (Dkt. No. 212, 214, 216) on Hilti's RICO claims are granted; Hammer's motion for summary judgment (Dkt. No. 212) on Hilti's fraud claims is granted; Hammer's motion for summary judgment (Dkt. No. 212) as to alter ego liability with respect to 8-31 is denied; 8-31 's motion for summary judgment (Dkt. No. 214) as to alter ego liability with respect to Knoedler is denied. In White v. Freedman et al., No. 13 Civ. 1193 (PGG), Defendants Knoedler, 8-31, and Hammer have moved for summary judgment on Plaintiffs claims. (Dkt. Nos. 165, 167, 169) For reasons that will be explained in a forthcoming Memorandum Opinion and Order: Hammer's motion for summary judgment (Dkt. No. 165) on White's RICO and fraud claims is granted; Hammer's motion for summary judgment (Dkt. No. 165) as to alter ego liability with respect to 8-31 is denied; 8-31 's motion for summary judgment (Dkt. No. 167) as to alter ego liability with respect to Knoedler is denied; Knoedler's motion for summary judgment (Dkt. No. 169) as to successor liability is denied. Defendants have also moved to exclude the opinions offered by Plaintiffs' forensic accounting expert, Linda MacDonald (Hilti Dkt. No. 235, White Dkt. No. 185), and Plaintiffs have moved to exclude the opinions offered by Defendants' forensic accounting expert, John Salomon (Hilti Dkt. No. 226, White Dkt. No. 176). These motions are denied without prejudice to renewal in the form of a motion in limine. Plaintiffs' letter motions for leave to file a declaration (Hilti Dkt. No. 243, White Dkt. No. 193) and reply (Hilti Dkt. No. 211, White Dkt. No. 164) in connection with the patties' motions to exclude expert opinion are denied as moot. The Clerk of Court is directed to terminate the motions. (Hilti Dkt. Nos. 211, 212, 214, 216, 226, 235, 243; White Dkt. Nos. 164, 165, 167, 169, 176, 185, 193). (Signed by Judge Paul G. Gardephe on 3/31/2019) (jwh)
July 3, 2018 Opinion or Order Filing 245 MEMO ENDORSEMENT granting #244 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Sarah E. O'Connell terminated. (Signed by Magistrate Judge Henry B. Pitman on 7/3/2018) (ne)
June 29, 2018 Opinion or Order Filing 244 MOTION for Sarah E. O'Connell to Withdraw as Attorney for Defendants Knoelder Gallery LLC, 8-31 Holdings, Inc. and Michael Hammer. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(O'Connell, Sarah)
June 15, 2018 Opinion or Order Filing 243 LETTER MOTION for Leave to File Declaration in Connection with Summary Judgment Motions addressed to Judge Paul G. Gardephe from Michael M. Munoz, jointly with counsel for Plaintiff dated June 15, 2018. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Declaration of Linda MacDonald dated June 7 2018)(Janowitz, James)
June 7, 2018 Opinion or Order Filing 242 DECLARATION of Michael Munoz in Opposition re: #235 MOTION to Exclude Putative Expert Linda MacDonald .. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A: MacDonald Report, #2 Exhibit B: MacDonald Declaration, #3 Exhibit C: MacDonald Testimony)(Bagley, Ross)
June 7, 2018 Opinion or Order Filing 241 MEMORANDUM OF LAW in Opposition re: #235 MOTION to Exclude Putative Expert Linda MacDonald . . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
May 31, 2018 Opinion or Order Filing 240 ORDER granting #239 Letter Motion for Extension of Time to File Response/Reply. The Application is granted. SO ORDERED. (Responses due by 6/7/2018.) (Signed by Judge Paul G. Gardephe on 5/31/2018) (anc)
May 25, 2018 Opinion or Order Filing 239 LETTER MOTION for Extension of Time to File Response/Reply as to #235 MOTION to Exclude Putative Expert Linda MacDonald . addressed to Judge Paul G. Gardephe from Michael M. Munoz dated 5/25/18. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
May 24, 2018 Opinion or Order Filing 238 DECLARATION of Sarah E. O'Connell (CORRECTED) in Support re: #235 MOTION to Exclude Putative Expert Linda MacDonald .. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 MacDonald Expert Report, #2 MacDonald Depo Excerpts, #3 MacDonald Declaration, #4 De Sole Dkt 435, #5 Blankschen Depo Excerpts, #6 Sansone Depo Excerpts)(Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 237 MEMORANDUM OF LAW in Support re: #235 MOTION to Exclude Putative Expert Linda MacDonald . . Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 236 DECLARATION of Sarah E. O'Connell in Support re: #235 MOTION to Exclude Putative Expert Linda MacDonald .. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 235 MOTION to Exclude Putative Expert Linda MacDonald . Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 234 DECLARATION of Sarah E. O'Connell in Opposition re: #226 MOTION to exclude opinion of John Salomon .. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 233 MEMORANDUM OF LAW in Opposition re: #226 MOTION to exclude opinion of John Salomon . . Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 232 COUNTER STATEMENT TO #220 Rule 56.1 Statement. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Defendants' Combined Reply to Plaintiffs' Joint Responses to Defendants' Rule 56.1 Statement and Plaintiffs' Statement of Additional Facts (Volume II of II), #2 Appendix, #3 Exhibit 260, #4 Exhibit 261, #5 Exhibit 262, #6 Exhibit 263, #7 Exhibit 264, #8 Exhibit 265, #9 Exhibit 266, #10 Exhibit 267, #11 Exhibit 268, #12 Exhibit 269, #13 Exhibit 270, #14 Exhibit 271, #15 Exhibit 273, #16 Exhibit 274, #17 Exhibit 275, #18 Exhibit 276, #19 Exhibit 277, #20 Exhibit 278)(Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 231 REPLY MEMORANDUM OF LAW in Support re: #216 MOTION for Summary Judgment . . Document filed by Knoedler Gallery, LLC. (Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 230 REPLY MEMORANDUM OF LAW in Support re: #214 MOTION for Summary Judgment . . Document filed by 8-31 Holdings, Inc.. (Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 229 REPLY MEMORANDUM OF LAW in Support re: #212 MOTION for Summary Judgment . . Document filed by Michael Hammer. (Schmerler, Charles)
May 23, 2018 Opinion or Order Filing 228 DECLARATION of William L. Charron in Support re: #226 MOTION to exclude opinion of John Salomon .. Document filed by The Martin Hilti Family Trust. (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)(Janowitz, James)
May 23, 2018 Opinion or Order Filing 227 MEMORANDUM OF LAW in Support re: #226 MOTION to exclude opinion of John Salomon . . Document filed by The Martin Hilti Family Trust. (Janowitz, James)
May 23, 2018 Opinion or Order Filing 226 MOTION to exclude opinion of John Salomon . Document filed by The Martin Hilti Family Trust.(Janowitz, James)
May 23, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James A. Janowitz to RE-FILE Document #223 MOTION in Limine to exclude Salomon Declaration. Use the event type Exclude found under the event list Motions. (db)
May 23, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney James A. Janowitz to RE-FILE Document #225 Declaration in Support of Motion, #224 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error(s). (db)
May 22, 2018 Opinion or Order Filing 225 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of William L. Charron in Support re: #223 MOTION in Limine to exclude Salomon Declaration.. Document filed by The Martin Hilti Family Trust. (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)(Janowitz, James) Modified on 5/23/2018 (db).
May 22, 2018 Opinion or Order Filing 224 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #223 MOTION in Limine to exclude Salomon Declaration. . Document filed by The Martin Hilti Family Trust. (Janowitz, James) Modified on 5/23/2018 (db).
May 22, 2018 Opinion or Order Filing 223 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to exclude Salomon Declaration. Document filed by The Martin Hilti Family Trust.(Janowitz, James) Modified on 5/23/2018 (db).
May 22, 2018 Opinion or Order Filing 222 MEMORANDUM OF LAW in Opposition re: #214 MOTION for Summary Judgment ., #212 MOTION for Summary Judgment . . Document filed by The Martin Hilti Family Trust. (Janowitz, James)
May 22, 2018 Opinion or Order Filing 221 MEMORANDUM OF LAW in Opposition re: #216 MOTION for Summary Judgment . . Document filed by The Martin Hilti Family Trust. (Janowitz, James)
May 22, 2018 Opinion or Order Filing 220 RULE 56.1 STATEMENT. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Appendix Appendix of Plaintiffs' Exhibits)(Janowitz, James)
May 22, 2018 Opinion or Order Filing 219 COUNTER STATEMENT TO #218 Rule 56.1 Statement,,,,,,,,,,,,,,,,,,,,,. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Appendix Appendix of Plaintiffs' Exhibits, #2 Janowitz Declaration Attaching Transcript Excerpts, #3 Pl. Ex. 001, #4 Pl. Ex. 002, #5 Pl. Ex. 003, #6 Pl. Ex. 004, #7 Pl. Ex. 005, #8 Pl. Ex. 006, #9 Pl. Ex. 007, #10 Pl. Ex. 008, #11 Pl. Ex. 009, #12 Pl. Ex. 010, #13 Pl. Ex. 011, #14 Pl. Ex. 012, #15 Pl. Ex. 013, #16 Pl. Ex. 014, #17 Pl. Ex. 015, #18 Pl. Ex. 016, #19 Pl. Ex. 017, #20 Pl. Ex. 018, #21 Pl. Ex. 019, #22 Pl. Ex. 020, #23 Pl. Ex. 021, #24 Pl. Ex. 022, #25 Pl. Ex. 023, #26 Pl. Ex. 024, #27 Pl. Ex. 025, #28 Pl. Ex. 026, #29 Pl. Ex. 027, #30 Pl. Ex. 028, #31 Pl. Ex. 029, #32 Pl. Ex. 030, #33 Pl. Ex. 031, #34 Pl. Ex. 032, #35 Pl. Ex. 033, #36 Pl. Ex. 034, #37 Pl. Ex. 035, #38 Pl. Ex. 036, #39 Pl. Ex. 037, #40 Pl. Ex. 038, #41 Pl. Ex. 039, #42 Pl. Ex. 040, #43 Pl. Ex. 041, #44 Pl. Ex. 042, #45 Pl. Ex. 043, #46 Pl. Ex. 044, #47 Pl. Ex. 045, #48 Pl. Ex. 046, #49 Pl. Ex. 047, #50 Pl. Ex. 048, #51 Pl. Ex. 049, #52 Pl. Ex. 050, #53 Pl. Ex. 051, #54 Pl. Ex. 052, #55 Pl. Ex. 053, #56 Pl. Ex. 054, #57 Pl. Ex. 055, #58 Pl. Ex. 056, #59 Pl. Ex. 057, #60 Pl. Ex. 058, #61 Pl. Ex. 059, #62 Pl. Ex. 060, #63 Pl. Ex. 061, #64 Pl. Ex. 062, #65 Pl. Ex. 063, #66 Pl. Ex. 064, #67 Pl. Ex. 065, #68 Pl. Ex. 066, #69 Pl. Ex. 067, #70 Pl. Ex. 068, #71 Pl. Ex. 069, #72 Pl. Ex. 070, #73 Pl. Ex. 071, #74 Pl. Ex. 072, #75 Pl. Ex. 073, #76 Pl. Ex. 074, #77 Pl. Ex. 075, #78 Pl. Ex. 076, #79 Pl. Ex. 077, #80 Pl. Ex. 078, #81 Pl. Ex. 079, #82 Pl. Ex. 080, #83 Pl. Ex. 081, #84 Pl. Ex. 082, #85 Pl. Ex. 083, #86 Pl. Ex. 084, #87 Pl. Ex. 085, #88 Pl. Ex. 086, #89 Pl. Ex. 087, #90 Pl. Ex. 088, #91 Pl. Ex. 089, #92 Pl. Ex. 090, #93 Pl. Ex. 091, #94 Pl. Ex. 092, #95 Pl. Ex. 093, #96 Pl. Ex. 094, #97 Pl. Ex. 095, #98 Pl. Ex. 096, #99 Pl. Ex. 097, #100 Pl. Ex. 098, #101 Pl. Ex. 099, #102 Pl. Ex. 100, #103 Pl. Ex. 101, #104 Pl. Ex. 102, #105 Pl. Ex. 103, #106 Pl. Ex. 104, #107 Pl. Ex. 105, #108 Pl. Ex. 106, #109 Pl. Ex. 107, #110 Pl. Ex. 108, #111 Pl. Ex. 109, #112 Pl. Ex. 110, #113 Pl. Ex. 111, #114 Pl. Ex. 112, #115 Pl. Ex. 113, #116 Pl. Ex. 114, #117 Pl. Ex. 115, #118 Pl. Ex. 116, #119 Pl. Ex. 117, #120 Pl. Ex. 118, #121 Pl. Ex. 119, #122 Pl. Ex. 120, #123 Pl. Ex. 121, #124 Pl. Ex. 122, #125 Pl. Ex. 123-a, #126 Pl. Ex. 123-b, #127 Pl. Ex. 124, #128 Pl. Ex. 125, #129 Pl. Ex. 126, #130 Pl. Ex. 127, #131 Pl. Ex. 128, #132 Pl. Ex. 129, #133 Pl. Ex. 130, #134 Pl. Ex. 131, #135 Pl. Ex. 132, #136 Pl. Ex. 133, #137 Pl. Ex. 134, #138 Pl. Ex. 135, #139 Pl. Ex. 136, #140 Pl. Ex. 137, #141 Pl. Ex. 138, #142 Pl. Ex. 139, #143 Pl. Ex. 140, #144 Pl. Ex. 141, #145 Pl. Ex. 142, #146 Pl. Ex. 143, #147 Pl. Ex. 144, #148 Pl. Ex. 145, #149 Pl. Ex. 146, #150 Pl. Ex. 147, #151 Pl. Ex. 148, #152 Pl. Ex. 149, #153 Pl. Ex. 150, #154 Pl. Ex. 151, #155 Pl. Ex. 152, #156 Pl. Ex. 153, #157 Pl. Ex. 154, #158 Pl. Ex. 155, #159 Pl. Ex. 156, #160 Pl. Ex. 157, #161 Pl. Ex. 158, #162 Pl. Ex. 159, #163 Pl. Ex. 160, #164 Pl. Ex. 161, #165 Pl. Ex. 162, #166 Pl. Ex. 163, #167 Pl. Ex. 164, #168 Pl. Ex. 165, #169 Pl. Ex. 166, #170 Pl. Ex. 167, #171 Pl. Ex. 168, #172 Pl. Ex. 169, #173 Pl. Ex. 170, #174 Pl. Ex. 171, #175 Pl. Ex. 172, #176 Pl. Ex. 173, #177 Pl. Ex. 174, #178 Pl. Ex. 175, #179 Pl. Ex. 176, #180 Pl. Ex. 177, #181 Pl. Ex. 178, #182 Pl. Ex. 179, #183 Pl. Ex. 180, #184 Pl. Ex. 181, #185 Pl. Ex. 182, #186 Pl. Ex. 183, #187 Pl. Ex. 184, #188 Pl. Ex. 185, #189 Pl. Ex. 186, #190 Pl. Ex. 187, #191 Pl. Ex. 188, #192 Pl. Ex. 189, #193 Pl. Ex. 190, #194 Pl. Ex. 191, #195 Pl. Ex. 192, #196 Pl. Ex. 193, #197 Pl. Ex. 194, #198 Pl. Ex. 195, #199 Pl. Ex. 196, #200 Pl. Ex. 197, #201 Pl. Ex. 198, #202 Pl. Ex. 199, #203 Pl. Ex. 200, #204 Pl. Ex. 201, #205 Pl. Ex. 202, #206 Pl. Ex. 203, #207 Pl. Ex. 204, #208 Pl. Ex. 205, #209 Pl. Ex. 206, #210 Pl. Ex. 207, #211 Pl. Ex. 208, #212 Pl. Ex. 209, #213 Pl. Ex. 210, #214 Pl. Ex. 211, #215 Pl. Ex. 212, #216 Pl. Ex. 213, #217 Pl. Ex. 214, #218 Pl. Ex. 215, #219 Pl. Ex. 216, #220 Pl. Ex. 217, #221 Pl. Ex. 218, #222 Pl. Ex. 219, #223 Pl. Ex. 220, #224 Pl. Ex. 221, #225 Pl. Ex. 222, #226 Pl. Ex. 223, #227 Pl. Ex. 224, #228 Pl. Ex. 225, #229 Pl. Ex. 226, #230 Pl. Ex. 227, #231 Pl. Ex. 228, #232 Pl. Ex. 229, #233 Pl. Ex. 230, #234 Pl. Ex. 231, #235 Pl. Ex. 232, #236 Pl. Ex. 233, #237 Pl. Ex. 234, #238 Pl. Ex. 235, #239 Pl. Ex. 236, #240 Pl. Ex. 237, #241 Pl. Ex. 238, #242 Pl. Ex. 239, #243 Pl. Ex. 240, #244 Pl. Ex. 241, #245 Pl. Ex. 242, #246 Pl. Ex. 243, #247 Pl. Ex. 244, #248 Pl. Ex. 245, #249 Pl. Ex. 246, #250 Pl. Ex. 247)(Janowitz, James)
May 21, 2018 Opinion or Order Filing 218 RULE 56.1 STATEMENT. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87, #89 Exhibit 88, #90 Exhibit 89, #91 Exhibit 90, #92 Exhibit 91, #93 Exhibit 92, #94 Exhibit 93, #95 Exhibit 94, #96 Exhibit 95, #97 Exhibit 96, #98 Exhibit 97, #99 Exhibit 98, #100 Exhibit 99, #101 Exhibit 100, #102 Exhibit 101, #103 Exhibit 102, #104 Exhibit 103, #105 Exhibit 104, #106 Exhibit 105, #107 Exhibit 106, #108 Exhibit 107 Part 1, #109 Exhibit 107 Part 2, #110 Exhibit 108, #111 Exhibit 109, #112 Exhibit 110, #113 Exhibit 111, #114 Exhibit 112, #115 Exhibit 113, #116 Exhibit 114, #117 Exhibit 115, #118 Exhibit 116, #119 Exhibit 117, #120 Exhibit 118, #121 Exhibit 119, #122 Exhibit 120, #123 Exhibit 121, #124 Exhibit 122, #125 Exhibit 123, #126 Exhibit 124, #127 Exhibit 125, #128 Exhibit 126, #129 Exhibit 127, #130 Exhibit 128, #131 Exhibit 129, #132 Exhibit 130, #133 Exhibit 131, #134 Exhibit 132, #135 Exhibit 133, #136 Exhibit 134, #137 Exhibit 135, #138 Exhibit 136, #139 Exhibit 137, #140 Exhibit 138, #141 Exhibit 138, #142 Exhibit 140, #143 Exhibit 141, #144 Exhibit 142, #145 Exhibit 143, #146 Exhibit 144, #147 Exhibit 145, #148 Exhibit 146, #149 Exhibit 147, #150 Exhibit 148, #151 Exhibit 149, #152 Exhibit 150, #153 Exhibit 151, #154 Exhibit 152, #155 Exhibit 153, #156 Exhibit 154, #157 Exhibit 155, #158 Exhibit 156, #159 Exhibit 157, #160 Exhibit 158, #161 Exhibit 159, #162 Exhibit 160, #163 Exhibit 161, #164 Exhibit 162, #165 Exhibit 163, #166 Exhibit 164, #167 Exhibit 165, #168 Exhibit 166, #169 Exhibit 167, #170 Exhibit 168, #171 Exhibit 169, #172 Exhibit 170, #173 Exhibit 171, #174 Exhibit 172, #175 Exhibit 173, #176 Exhibit 174, #177 Exhibit 175, #178 Exhibit 176, #179 Exhibit 177, #180 Exhibit 178, #181 Exhibit 179, #182 Exhibit 180, #183 Exhibit 181 Part 1, #184 Exhibit 181 Part 2, #185 Exhibit 182, #186 Exhibit 183, #187 Exhibit 184, #188 Exhibit 185, #189 Exhibit 186, #190 Exhibit 187, #191 Exhibit 188, #192 Exhibit 189 Part 1, #193 Exhibit 189 Part 2, #194 Exhibit 190, #195 Exhibit 191, #196 Exhibit 192, #197 Exhibit 193, #198 Exhibit 194, #199 Exhibit 195, #200 Exhibit 196, #201 Exhibit 197, #202 Exhibit 198, #203 Exhibit 199, #204 Exhibit 200, #205 Exhibit 201, #206 Exhibit 202, #207 Exhibit 203, #208 Exhibit 204, #209 Exhibit 205, #210 Exhibit 206, #211 Exhibit 207, #212 Exhibit 208, #213 Exhibit 209, #214 Exhibit 210, #215 Exhibit 211, #216 Exhibit 212, #217 Exhibit 213, #218 Exhibit 214, #219 Exhibit 215, #220 Exhibit 216, #221 Exhibit 217, #222 Exhibit 218, #223 Exhibit 219, #224 Exhibit 220, #225 Exhibit 221, #226 Exhibit 222, #227 Exhibit 223, #228 Exhibit 224, #229 Exhibit 225, #230 Exhibit 226, #231 Exhibit 227, #232 Exhibit 228, #233 Exhibit 229, #234 Exhibit 230, #235 Exhibit 231, #236 Exhibit 232, #237 Exhibit 233, #238 Exhibit 234, #239 Exhibit 235, #240 Exhibit 236, #241 Exhibit 237, #242 Exhibit 238, #243 Exhibit 239, #244 Exhibit 240, #245 Exhibit 241, #246 Exhibit 242, #247 Exhibit 243, #248 Exhibit 244, #249 Exhibit 245, #250 Exhibit 246, #251 Exhibit 247, #252 Exhibit 248, #253 Exhibit 249, #254 Exhibit 250, #255 Exhibit 251, #256 Exhibit 252, #257 Exhibit 253, #258 Exhibit 254, #259 Exhibit 255, #260 Exhibit 256, #261 Exhibit 257, #262 Exhibit 258, #263 Exhibit 259)(Schmerler, Charles)
May 21, 2018 Opinion or Order Filing 217 MEMORANDUM OF LAW in Support re: #216 MOTION for Summary Judgment . . Document filed by Knoedler Gallery, LLC. (Schmerler, Charles)
May 21, 2018 Opinion or Order Filing 216 MOTION for Summary Judgment . Document filed by Knoedler Gallery, LLC.(Schmerler, Charles)
May 21, 2018 Opinion or Order Filing 215 MEMORANDUM OF LAW in Support re: #214 MOTION for Summary Judgment . . Document filed by 8-31 Holdings, Inc.. (Schmerler, Charles)
May 21, 2018 Opinion or Order Filing 214 MOTION for Summary Judgment . Document filed by 8-31 Holdings, Inc..(Schmerler, Charles)
May 21, 2018 Opinion or Order Filing 213 MEMORANDUM OF LAW in Support re: #212 MOTION for Summary Judgment . . Document filed by Michael Hammer. (Schmerler, Charles)
May 21, 2018 Opinion or Order Filing 212 MOTION for Summary Judgment . Document filed by Michael Hammer.(Schmerler, Charles)
May 18, 2018 Opinion or Order Filing 211 LETTER MOTION for Leave to File Reply Memorandum of Law addressed to Judge Paul G. Gardephe from William L. Charron dated May 18, 2018. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
May 14, 2018 Opinion or Order Filing 210 MEMO ENDORSEMENT on re: #207 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated May 11, 2018 filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/14/2018) (anc)
May 14, 2018 Opinion or Order Filing 209 ORDER granting #207 Letter Motion for Leave to File Excess Pages. The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 5/14/2018) cc: All counsel of record via email and ECF (js)
May 11, 2018 Opinion or Order Filing 208 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from William L. Charron dated May 11, 2018 re: #207 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated May 11, 2018. . Document filed by The Martin Hilti Family Trust. (Bagley, Ross)
May 11, 2018 Opinion or Order Filing 207 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated May 11, 2018. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Schmerler, Charles)
April 5, 2018 Opinion or Order Filing 206 ORDER granting #205 Letter Motion for Extension of Time. The Application is granted. (Signed by Judge Paul G. Gardephe on 4/5/2018) (cf)
April 5, 2018 Opinion or Order Filing 205 LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Michael M. Munoz dated 4/5/18. Document filed by The Martin Hilti Family Trust.(Bagley, Ross)
April 5, 2018 Opinion or Order Set/Reset Deadlines: Replies due by 5/17/2018. (cf)
March 23, 2018 Opinion or Order Filing 204 ORDER granting #203 Letter Motion for Extension of Time to File Response/Reply: The application is granted. (Signed by Judge Paul G. Gardephe on 3/23/2018) (jwh)
March 23, 2018 Opinion or Order Set/Reset Deadlines: Responses due by 4/6/2018 Replies due by 4/27/2018. (jwh)
March 22, 2018 Opinion or Order Filing 203 LETTER MOTION for Extension of Time to File addressed to Judge Paul G. Gardephe from James A. Janowitz dated 3/22/18. Document filed by The Martin Hilti Family Trust.(Charron, William)
February 16, 2018 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney William Charron for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #200 Notice of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km)
February 15, 2018 Opinion or Order Filing 202 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS GLAFIRA ROSALES, JOSE CARLOS BERGANTINOS DIAZ, JESUS ANGEL BERGANTINOS DIAZ, PEI-SHEN QIAN AND PER HAUBRO JENSEN PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): PLEASE TAKE NOTICE, that pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), plaintiff The Martin Hilti Family Trust hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice as against defendants Glafira Rosales, Jose Carlos Bergantinos Diaz, Jesus Angel Bergantinos Diaz, Pei-Shen Qian and Per Haubro Jensen, none of whom has served an answer or a motion for summary judgment. SO ORDERED., (Signed by Judge Paul G. Gardephe on 2/15/2018). Jesus Angel Bergantin Diaz, Per Jensen, Per Haubro Jensen, Pei Shen Qian, Glafira Rosales, Jesus Angel Bergantinos Diaz and Jose Carlos Bergantinos Diaz terminated. (ama) Modified on 2/16/2018 (ama).
February 15, 2018 Opinion or Order Filing 201 ORDER granting #198 Letter Motion for Leave to File Excess Pages. It is hereby ORDERED that each Defendant may file one memorandum of law of up to 50 pages rather than two briefs (one for each case) of 25 pages. It is further ORDERED that Plaintiffs shall be allowed a total of 150 pages for their opposition briefing. (Signed by Judge Paul G. Gardephe on 2/15/2018) (cf)
February 15, 2018 Opinion or Order Filing 200 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Jesus Angel Bergantinos Diaz, Jose Carlos Bergantinos Diaz, Per Haubro Jensen, Pei Shen Qian, Glafira Rosales. Document filed by The Martin Hilti Family Trust. (Charron, William) Modified on 2/16/2018 (km).
February 13, 2018 Opinion or Order Filing 199 LETTER addressed to Judge Paul G. Gardephe from Michael M. Munoz dated 2/13/18 re: Defendants briefing page limit extension request. Document filed by The Martin Hilti Family Trust.(Charron, William)
February 13, 2018 Opinion or Order Filing 198 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated February 13, 2018. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(O'Connell, Sarah)
February 12, 2018 Opinion or Order Filing 197 NOTICE OF APPEARANCE by Ross McClintic Bagley on behalf of The Martin Hilti Family Trust. (Bagley, Ross)
December 28, 2017 Opinion or Order Filing 196 ORDER: In connection with the parties' joint letter (Dkt. No. 195, 13 Civ. 657), the following briefing schedule will apply to Defendants' motions for summary judgment: Moving papers are due by February 16, 2018; Plaintiffs' opposition is due on March 30, 2018; Defendants' replies, if any, are due by April 13, 2018. In their papers, the parties are directed to address with specificity the applicability, or inapplicability, of the legal reasoning set forth in this Court's decisions on summary judgment in De Sole v. Knoedler Gallery, LLC, 12 Civ. 2313 (Dkt. No. 262) and Howard v. Freeman, 12 Civ. 5263 (Dkt. No. 321). ( Motions due by 2/16/2018., Responses due by 3/30/2018, Replies due by 4/13/2018.) (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro)
December 5, 2017 Opinion or Order Filing 195 JOINT LETTER addressed to Judge Paul G. Gardephe from James A. Janowitz dated December 5, 2017 re: Summary Judgment Briefing Schedule. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
November 22, 2017 Opinion or Order Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 11/2/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(jgo)
November 22, 2017 Opinion or Order Filing 193 TRANSCRIPT of Proceedings re: Telephone Conference held on 11/2/2017 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Ruth Ann Hagar, (518) 581-8973. 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 12/13/2017. Redacted Transcript Deadline set for 12/26/2017. Release of Transcript Restriction set for 2/20/2018.(jgo)
November 2, 2017 Opinion or Order Filing 192 ORDER denying #190 Letter Motion for Local Rule 37.2 Conference. A digitally recorded conference call having been held on November 2, 2017, during which certain discovery issues were addressed, for the reasons stated on the recording of the call, it is hereby ORDERED that: 1. Plaintiffs' application to issue a subpoena to non-party witness Reaves, to recall defendant Michael Hammer for a continuation of his deposition and to adjourn certain expert witness depositions that are scheduled for next week is denied in all respects. The Clerk of the Court is respectfully requested to mark Docket Item 190 as closed. (Signed by Magistrate Judge Henry B. Pitman on 11/2/2017) Copies Transmitted By Chambers. (ras)
November 2, 2017 Opinion or Order Filing 191 LETTER addressed to Magistrate Judge Henry B. Pitman from Charles D. Schmerler, Esq. dated November 2, 2017 re: response to Mr. Janowitz'a letter November 1, 2017 (Dckt #190). Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schmerler, Charles)
November 2, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 11/2/2017. (ajc)
November 1, 2017 Opinion or Order Filing 190 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated November 1, 2017. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
September 26, 2017 Opinion or Order Filing 189 ORDER granting #188 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 9/26/2017) (ras)
September 26, 2017 Opinion or Order Set/Reset Deadlines: Deposition due by 11/10/2017. Expert Discovery due by 11/10/2017. (ras)
September 25, 2017 Opinion or Order Filing 188 JOINT LETTER MOTION for Extension of Time to Complete Expert Discovery addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated September 25, 2017. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
July 7, 2017 Opinion or Order Filing 187 AMENDMENTS TO THE EXISTING CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER terminating #184 Letter Motion for Discovery; terminating #185 Letter Motion for Extension of Time to File. Expert discovery shall be completed as follows: (a) All expert discovery, including expert depositions, shall be completed no later than September 29, 2017. (b) Rebuttal expert reports (if any) responding to opening expert reports shall be served on or before June 30, 2017. (c) Expert depositions shall be completed by September 29, 2017, and as further set forth. (Signed by Magistrate Judge Henry B. Pitman on 7/6/2017) (ras)
July 7, 2017 Opinion or Order Set/Reset Deadlines: Deposition due by 9/29/2017. Expert Discovery due by 9/29/2017. (ras)
June 27, 2017 Opinion or Order Filing 186 LETTER addressed to Magistrate Judge Henry B. Pitman from Sarah E. O'Connell dated 6-27-17 re: Proposed Scheduling Order. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(O'Connell, Sarah)
June 20, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 6/20/2017. (ajc)
June 19, 2017 Opinion or Order Filing 185 LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Henry B. Pitman from Charles D. Schmerler, Esq. dated June 19, 2017. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Schmerler, Charles)
May 8, 2017 Opinion or Order Filing 184 LETTER MOTION for Discovery re: deposition of Glafira Rosales addressed to Magistrate Judge Henry B. Pitman from Michael Munoz dated May 8, 2017. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
March 7, 2017 Opinion or Order Filing 183 AMENDMENTS TO THE EXISTING CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All expert discovery, including expert depositions, shall be completed no later than July 31, 2017. Expert depositions shall be completed by July 28, 2017. (As further set forth in this Order.) Deposition due by 7/28/2017. Expert Discovery due by 7/31/2017. (Signed by Magistrate Judge Henry B. Pitman on 3/7/2017) (cf)
March 6, 2017 Opinion or Order Filing 182 LETTER addressed to Magistrate Judge Henry B. Pitman from Luke Nikas dated March 6, 2017 re: Proposed Amendments to Scheduling Order. Document filed by Ann Freedman.(Nikas, Luke)
March 6, 2017 Opinion or Order Filing 181 LETTER addressed to Magistrate Judge Henry B. Pitman from Rebecca M. Siegel dated March 6, 2017 re: Proposed Amendments to Scheduling Order. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
February 21, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 2/21/2017. Another telephone conference is scheduled for 2/23/17 at 4:30pm. Counsel is directed to initiate the conference call. (bh)
February 16, 2017 Opinion or Order A status telephone conference is set for 2/21/2017 at 4:00 PM before Magistrate Judge Henry B. Pitman. The conference call is to be held jointly with the previously scheduled telephone conference in White v. Freedman (13 Civ. 1193).(bh)
November 14, 2016 Opinion or Order Filing 180 JOINT STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant Ann Freedman that all claims against Ann Freedman are voluntarily dismissed with prejudice and without costs or fees to any party. So ordered. Ann Freedman terminated. (Signed by Judge Paul G. Gardephe on 11/10/2016) (cf)
November 9, 2016 Opinion or Order ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney William Charron to E-MAIL Document No. #179 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
November 7, 2016 Opinion or Order Filing 179 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Ann Freedman and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Martin Hilti Family Trust.(Charron, William) Modified on 11/9/2016 (km).
October 28, 2016 Opinion or Order Filing 178 AMENDED ORDER: It is hereby ORDERED that: 1. Paragraph 3 of this Court's September 30, 2016 Order is amended to provide that the deposition of Crocco shall take place on December 1, 2016. 2. All other terms and provisions of the September 30, 2016 Order remain in effect. (Signed by Magistrate Judge Henry B. Pitman on 10/27/2016) Copies Sent By Chambers (cf)
September 29, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 9/29/2016. (bh)
September 29, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 9/29/2016. (bh)
September 26, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 9/26/2016. Another telephone conference is scheduled for 9/29/2016 at 10:30am. The parties are to initiate the conference call and contact chambers once everyone is on the line. (bh)
September 20, 2016 Opinion or Order A telephonic discovery conference is set for 9/26/2016 at 2:00 PM before Magistrate Judge Henry B. Pitman. Counsel for plaintiff in the Hilti action is to advise counsel for the non-party witnesses of the conference call, is to initiate the call and contact chambers at 212-805-6105 when all parties are on the line. (bh)
September 15, 2016 Opinion or Order Filing 177 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated September 15, 2016. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siegel, Rebecca)
August 31, 2016 Opinion or Order Filing 176 AMENDMENTS TO THE EXISTING CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 1. The parties shall complete fact discovery no later than September 30, 2016, except for the depositions of non-parties Peter Crocco and Anderson Tax, which shall be completed as soon as is practicable following the completion of those non-parties' document productions. The parties anticipate that those document productions will be completed in September. 2. Expert discovery shall be completed as follows: (a) All expert discovery, including expert depositions, shall be completed no later than March 10, 2017. (b) Initial expert disclosures (if any) shall be made by the party bearing the burden of proof on the subject of the disclosure and shall be served on or before October 31, 2016. (c) Rebuttal expert reports (if any) responding to opening expert reports shall be served on or before January 13, 2017. (d) Expert depositions shall be completed by March 10, 2017. (e) The interim deadlines in paragraphs 2(b) and 2(c) may be extended by the written consent of all parties without application to the Court, provided that expert discovery is completed by the date set forth in paragraph 2(a). Deposition due by 3/10/2017. Fact Discovery due by 9/30/2016. Expert Discovery due by 3/10/2017. (Signed by Magistrate Judge Henry B. Pitman on 8/31/2016) (lmb)
August 29, 2016 Opinion or Order Filing 175 NOTICE OF CHANGE OF ADDRESS by Sarah E. O'Connell on behalf of 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. New Address: Norton Rose Fulbright US LLP, 1301 Avenue of the Americas, New York, NY, USA 10019-6022, (212) 318-3000. (O'Connell, Sarah)
August 22, 2016 Opinion or Order Filing 174 MEMO ENDORSEMENT on re: (124 in 1:13-cv-01193-PGG-HBP) Letter filed by Frances Hamilton White, (173 in 1:13-cv-00657-PGG-HBP) Letter filed by The Martin Hilti Family Trust. ENDORSEMENT: Counsel are to promptly submit the proposed scheduling order they reference on page 2 of this letter. (Signed by Magistrate Judge Henry B. Pitman on 8/19/2016) (mro)
July 28, 2016 Opinion or Order Filing 173 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Michael Munoz (on behalf of counsel for White and Martin Hilti Family Trust Plaintiffs) dated 7/27/2016 re: Status. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
January 28, 2016 Opinion or Order Filing 172 JOINT STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the Plaintiffs in the above-captioned actions (the "Plaintiffs") and Defendants Knoedler Gallery, LLC, 8-31 Holdings, Inc., Michael Hammer, and Ann Freedman (together, "Defendants") through their respective counsel that: (a) the deadline for the parties to make their Fed. R. Civ. P. 26(a)(2) expert disclosures pursuant to Paragraph 7 of the Revised Civil Case Management Plan and Scheduling Order, dated July 17, 2015, currently set for January 29, 2016, is adjourned; and (b) the parties will meet and confer regarding an appropriate deadline for those disclosures before the conclusion of fact discovery. (Signed by Magistrate Judge Henry B. Pitman on 1/28/2016) (lmb)
January 15, 2016 Opinion or Order Filing 171 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Michael M. Munoz dated 1/8/2016 re: Request for a pre-motion conference to address the scheduling of the deposition of non-party witness Richard Lynch. ENDORSEMENT: In the absence of a documented, health-related reason, Richard Lynch shall appear for his deposition (1) on a mutually convenient date within 30 days of the conclusion of the DeSole trial or (2) by March 15, 2016, which ever occurs first. (Deposition due by 3/15/2016.) (Signed by Magistrate Judge Henry B. Pitman on 1/15/2016) (kko)
January 15, 2016 Opinion or Order Filing 170 LETTER addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated January 15, 2016 re: Charles Schmerler's January 13, 2016 letter regarding the deposition of Richard Lynch. Document filed by The Martin Hilti Family Trust.(Janowitz, James)
January 13, 2016 Opinion or Order Filing 169 LETTER addressed to Magistrate Judge Henry B. Pitman from Charles D. Schmerler dated January 13, 2016 re: Response to Letter from James Janowitz dated January 8, 2016. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(O'Connell, Sarah)
January 11, 2016 Opinion or Order Filing 168 ANSWER to #163 Amended Complaint,. Document filed by Michael Hammer.(O'Connell, Sarah)
January 11, 2016 Opinion or Order Filing 167 ANSWER to #163 Amended Complaint,. Document filed by Knoedler Gallery, LLC.(O'Connell, Sarah)
January 11, 2016 Opinion or Order Filing 166 ANSWER to #163 Amended Complaint,. Document filed by 8-31 Holdings, Inc..(O'Connell, Sarah)
January 8, 2016 Opinion or Order Filing 165 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated January 8, 2016. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
January 7, 2016 Opinion or Order ***DELETED DOCUMENT as per instructions from Chambers on 1/8/2016. Deleted document number #107 OPINION AND ORDER. The document was incorrectly filed in this case. (tro)
December 28, 2015 Opinion or Order Filing 163 SECOND AMENDED COMPLAINT amending #1 Complaint, against 8-31 Holdings, Inc., Jose Carlos Bergantinos Diaz, Ann Freedman, Michael Hammer, Knoedler Gallery, LLC, Pei Shen Qian, Glafira Rosales, Jesus Angel Bergantinos Diaz, Per Haubro Jensen with JURY DEMAND.Document filed by The Martin Hilti Family Trust. Related document: #1 Complaint, filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
December 28, 2015 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Siegel to RE-FILE Document No. #162 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
December 23, 2015 Opinion or Order Filing 162 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #1 Complaint, against 8-31 Holdings, Inc., Jose Carlos Bergantinos Diaz, Jesus Angel Bergantin Diaz, Ann Freedman, Michael Hammer, Per Jensen, Knoedler Gallery, LLC, Pei Shen Qian, Glafira Rosales with JURY DEMAND.Document filed by The Martin Hilti Family Trust. Related document: #1 Complaint, filed by The Martin Hilti Family Trust.(Siegel, Rebecca) Modified on 12/28/2015 (moh).
December 22, 2015 Opinion or Order Filing 161 OPINION AND ORDER #106102 re: #148 MOTION for Leave to File Second Amended Complaint . filed by The Martin Hilti Family Trust. Because defendants have not met their burden of showing either that they would be prejudiced by granting the Hilti Trust's motion or that the Hilti Trust's proposed amendments are futile, the Hilti Trust's motion for leave to amend is granted. The Hilti Trust is directed to serve and file its second amended complaint no later than December 31, 2015. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 12/21/2015) Copies Sent By Chambers. (lmb) Modified on 12/22/2015 (lmb). Modified on 1/5/2016 (ca).
December 22, 2015 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 12/31/2015. (lmb)
December 21, 2015 Opinion or Order Filing 160 ANSWER to #46 Amended Complaint,. Document filed by Knoedler Gallery, LLC.(O'Connell, Sarah)
December 21, 2015 Opinion or Order Filing 159 ANSWER to #46 Amended Complaint,. Document filed by 8-31 Holdings, Inc..(O'Connell, Sarah)
December 15, 2015 Opinion or Order Filing 158 STIPULATION: The painting known as "Untitled (1956)", Oil on canvas, 49" x 31" that Plaintiff purchased from Defendant Knoedler Gallery for $5.5 million on or about November 6, 2002 (the "Work") is a forgery and was not actually a work painted by Mark Rothko. (Signed by Judge Paul G. Gardephe on 12/14/2015) (tn)
December 15, 2015 Opinion or Order Filing 157 STIPULATION & ORDER: It is hereby stipulated and agreed among the undersigned attorneys for Plaintiff The Martin Hilti Family Trust ("Plaintiff") and Defendant Jaime Andrade ("Andrade"), that pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, Jaime Andrade is voluntarily dismissed with prejudice from the above-captioned matter under the following conditions as further set forth in this order., Jaime R. Andrade terminated. (Signed by Judge Paul G. Gardephe on 12/14/2015) (lmb)
November 19, 2015 Opinion or Order Filing 156 REPLY MEMORANDUM OF LAW in Support re: #148 MOTION for Leave to File Second Amended Complaint . . Document filed by The Martin Hilti Family Trust. (Siegel, Rebecca)
November 17, 2015 Opinion or Order Filing 155 DECLARATION of Charles D. Schmerler in Opposition re: #148 MOTION for Leave to File Second Amended Complaint .. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (O'Connell, Sarah)
November 17, 2015 Opinion or Order Filing 154 MEMORANDUM OF LAW in Opposition re: #148 MOTION for Leave to File Second Amended Complaint . . Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (O'Connell, Sarah)
November 16, 2015 Opinion or Order Filing 153 NOTICE OF APPEARANCE by Beth Kressel Itkin on behalf of Jaime R. Andrade. (Itkin, Beth)
November 12, 2015 Opinion or Order Filing 152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 10/30/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
November 12, 2015 Opinion or Order Filing 151 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 10/30/2015 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Ruth Ann Hagar, (518) 581-8973. 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 12/7/2015. Redacted Transcript Deadline set for 12/17/2015. Release of Transcript Restriction set for 2/13/2016.(ca)
November 10, 2015 Opinion or Order Filing 150 DECLARATION of James A. Janowitz in Support re: #148 MOTION for Leave to File Second Amended Complaint .. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B)(Siegel, Rebecca)
November 10, 2015 Opinion or Order Filing 149 MEMORANDUM OF LAW in Support re: #148 MOTION for Leave to File Second Amended Complaint . . Document filed by The Martin Hilti Family Trust. (Siegel, Rebecca)
November 10, 2015 Opinion or Order Filing 148 MOTION for Leave to File Second Amended Complaint . Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
November 9, 2015 Opinion or Order Filing 147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephonic discovery conference proceeding held on 10/22/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
November 9, 2015 Opinion or Order Filing 146 TRANSCRIPT of Proceedings re: Telephonic discovery conference held on 10/22/2015 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/3/2015. Redacted Transcript Deadline set for 12/14/2015. Release of Transcript Restriction set for 2/10/2016.(ca)
November 4, 2015 Opinion or Order Filing 145 ORDER: It is hereby ORDERED that the following schedule will apply to Plaintiff's motion to file a Second Amended Complaint: Motions due by 11/10/2015., Responses due by 11/17/2015, Replies due by 11/20/2015. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/03/2015) (ama)
November 3, 2015 Opinion or Order Filing 144 ORDER: It is hereby ORDERED that: 1. The deposition of Ann Freedman shall take place on December 21-23, 2015. 2. The deposition of Freedman LLP's Rule 30(b)(6) designee shall take place on November 13, 2015. 3. Defendants' application to adjourn the depositions of Michael Hammer, Ann Freedman, Frances White, Harvey White, Howard Shaw, Eugenia Taubman and Nicholas Taubman until after the conclusion of the trial in De Sole v. Knoedler Gallery, LLC, 12 Civ. 2313 (PGG), and Howard v. Freedman, 12 Civ. 5263 (PGG), is denied. 4. Counsel for the parties in 14 Civ. 2259 are to meet and confer concerning defendants' application to adjust the scheduling of written discovery in that matter and to adjourn the depositions of Oliver Wick and Urs Kraft until after the conclusion of the trial in De Sole v. Knoedler Gallery, LLC, 12 Civ. 2313 (PGG) (HBP), and Howard v. Freedman, 12 Civ. 5263 (PGG) (HBP), and submit a global proposal to me for adjusting the discovery schedule in 14 Civ. 2259. (Deposition due by 12/23/2015.) (Signed by Magistrate Judge Henry B. Pitman on 11/2/2015) (kko)
November 2, 2015 Opinion or Order Filing 142 NOTICE OF CHANGE OF ADDRESS by Luke William Nikas on behalf of Ann Freedman. New Address: Boies, Schiller & Flexner LLP, 575 Lexington Avenue, New York, New York, 10022, 212-446-2300. (Nikas, Luke)
October 30, 2015 Opinion or Order Filing 143 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 10/30/2015. (bh)
October 27, 2015 Opinion or Order Filing 141 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Charles D. Schmerler dated October 27, 2015 re: #140 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated October 26, 2015. . Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(O'Connell, Sarah)
October 27, 2015 Opinion or Order A telephonic discovery conference regarding plaintiffs' October 26, 2015 letter is set for 10/30/2015 at 04:00 PM before Magistrate Judge Henry B. Pitman. Counsel for plaintiffs are directed to set up the conference call. (bh)
October 26, 2015 Opinion or Order Filing 140 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated October 26, 2015. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
October 22, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephonic discovery conference held on 10/22/2015. (bh)
October 22, 2015 Opinion or Order A telephonic discovery conference is set for 10/22/2015 at 05:30 PM before Magistrate Judge Henry B. Pitman. Counsel for plaintiff is directed to set up the conference call. (bh)
October 21, 2015 Opinion or Order Filing 139 LETTER addressed to Judge Paul G. Gardephe from James A. Janowitz dated October 21, 2015 re: Reply to Mr. Schmerler's Letter, dated October 21, 2015. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
October 21, 2015 Opinion or Order Filing 138 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from James A. Janowitz dated October 21, 2015. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A)(Siegel, Rebecca)
October 21, 2015 Opinion or Order Filing 137 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated October 21, 2015 re: response to letter from James Janowitz requesting Rule 4(A) Pre-Motion Conference. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(O'Connell, Sarah)
October 21, 2015 Opinion or Order Filing 136 LETTER addressed to Judge Paul G. Gardephe from James A. Janowitz dated October 21, 2015 re: Request for Rule 4(A) Pre-Motion Conference. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A-C)(Siegel, Rebecca)
October 19, 2015 Opinion or Order Filing 135 ORDER denying #133 Letter Motion for Extension of Time to complete discovery in light of pretrial schedule in related De Sole and Howard actions. The application is denied. (Signed by Judge Paul G. Gardephe on 10/19/2015) (kko)
October 16, 2015 Opinion or Order Filing 134 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from James A. Janowitz dated October 16, 2015 re: #133 LETTER MOTION for Extension of Time to complete discovery in light of pretrial schedule in related De Sole and Howard actions addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated October 16, 2015. . Document filed by The Martin Hilti Family Trust. (Siegel, Rebecca)
October 16, 2015 Opinion or Order Filing 133 LETTER MOTION for Extension of Time to complete discovery in light of pretrial schedule in related De Sole and Howard actions addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated October 16, 2015. Document filed by 8-31 Holdings, Inc., Knoedler Gallery, LLC.(O'Connell, Sarah)
September 30, 2015 Opinion or Order Filing 164 INTERNET CITATION NOTE: Material from decision with Internet citation re: #132 Memorandum & Opinion. (fk)
September 30, 2015 Opinion or Order Filing 132 MEMORANDUM OPINION & ORDER #105912 re: (104 in 1:13-cv-00657-PGG-HBP) MOTION to Dismiss . filed by Ann Freedman, (74 in 1:13-cv-01193-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by 8-31 Holdings, Inc., Knoedler Gallery, LLC, (72 in 1:13-cv-01193-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by Michael Hammer, (70 in 1:13-cv-03011-PGG-HBP) MOTION to Dismiss . filed by Ann Freedman, (93 in 1:13-cv-00657-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by 8-31 Holdings, Inc., Knoedler Gallery, LLC, (85 in 1:13-cv-01193-PGG-HBP) MOTION to Dismiss . filed by Ann Freedman, (63 in 1:13-cv-03011-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by 8-31 Holdings,Inc.,, Knoedler Gallery,LLC, (61 in 1:13-cv-03011-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by Michael Hammer, (95 in 1:13-cv-00657-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by Hammer Galleries LLC, (91 in 1:13-cv-00657-PGG-HBP) MOTION to Dismiss Amended Complaint. filed by Michael Hammer. Knoedler, Hammer, 8-31, and Freedman's motions to dismiss in Hilti, White, and Taubman are granted in part and denied in part as set forth above. Hammer Galleries's motion to dismiss (Hilti Dkt. No. 95) is granted. The Clerk is directed to terminate the following motions: Hilti, 13 Civ. 657 (Dkt. Nos. 91, 93, 95, 104); White, 13 Civ. 1193 (Dkt. Nos. 72, 74, 85); Taubman, 13 Civ. 3011 (Dkt. Nos. 61, 63, 70).SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Paul G. Gardephe on 9/30/2015) (ajs) Modified on 10/2/2015 (soh).
July 23, 2015 Opinion or Order Filing 131 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated July 23, 2015 re: Response to July 23 Letter from Mr. Schmerler. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
July 23, 2015 Opinion or Order Filing 130 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated July 23, 2015 re: Response to 7-20 Letter from Mr. Charron. Document filed by 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC, Knoedler Gallery, LLC.(O'Connell, Sarah)
July 20, 2015 Opinion or Order Filing 129 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated July 20, 2015 re: Alter Ego Claims. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
July 17, 2015 Opinion or Order Filing 128 REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried by a jury. Fact Discovery due by 11/20/2015. Depositions of fact witnesses due by 11/20/2015. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 weeks. NO FURTHER EXTENSIONS. (Signed by Magistrate Judge Henry B. Pitman on 7/7/2015) (tn)
July 17, 2015 Opinion or Order Filing 127 STIPULATION AND ORDER: The deadline to complete fact discovery shall be extended to November 20, 2015 and a Revised Civil Case Management Plan and Scheduling Order shall be submitted to the Court in a form substantially identical to Exhibit A hereto. The Parties have agreed to the following deposition dates prior to July 31, 2015; Ernst & Young - July 28, 2015; Friedman LLP - July 29, 2015; Richard Lynch - July 30-July 31, 2015. Absent prior written agreement of all Parties, no deposition other than the depositions of Francis H. White, Harvey White or Thea Westreich may be taken between July 31, 2015 and September 15, 2015. If such depositions do not proceed to completion within this time period, they may be conducted between September 15, 2015 and November 20, 2015. The Parties have advised that they currently intend to notice the following depositions in the above-captioned actions to be completed prior to November 20, 2015, as further set forth in this order. (Deposition due by 11/20/2015. Fact Discovery due by 11/20/2015.) (Signed by Magistrate Judge Henry B. Pitman on 7/17/2015) (tn)
July 16, 2015 Opinion or Order Filing 126 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Henry B. Pitman from Rebecca M. Siegel dated July 15, 2015. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
July 6, 2015 Opinion or Order Filing 125 MEMO ENDORSEMENT on re: #124 Notice (Other) filed by Ann Freedman. ENDORSEMENT: Application granted., Attorney Paul Brian Maslo terminated. (Signed by Magistrate Judge Henry B. Pitman on 7/6/2015) (lmb)
July 1, 2015 Opinion or Order Filing 124 NOTICE of Withdrawal of Attorney Paul B. Maslo. Document filed by Ann Freedman. (Nikas, Luke)
June 2, 2015 Opinion or Order Filing 123 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 05/27/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
June 2, 2015 Opinion or Order Filing 122 TRANSCRIPT of Proceedings re: Discovery Hearing held on 5/27/2015 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. 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 6/26/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/3/2015.(ca)
May 29, 2015 Opinion or Order Filing 121 ORDER: A conference having been held in this matter on May 27, 2015 during which various discovery disputes were discussed, for the reasons stated on the record in open court, it is hereby ORDERED that: 1. Plaintiff Frances Hamilton White's application for the production of documents concerning the ownership or change in ownership of Knoedler-Modarco, Inc., particularly the identity of the owner(s) of the seventy-five percent that not owned by defendant Michael Hammer, is denied without prejudice to renewal upon a showing of greater need. 2. Pursuant to the parties' agreement, defendants' counsel shall produce the AMEX documents to counsel for plaintiff White no later than June 12, 2015. 3. Plaintiff Martin Hilti Family Trust's application to compel production of the board minutes of 8-31 Holdings, Inc. is granted. Defendants' counsel shall promptly produce all of defendant 8-31 Holdings, Inc.'s board meeting minutes to counsel for plaintiff Hilti. (Signed by Magistrate Judge Henry B. Pitman on 5/28/2015) Copies Sent By Chambers. (lmb)
May 27, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 5/27/2015. (bh)
May 21, 2015 Opinion or Order A discovery hearing is set for 5/27/2015 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
May 20, 2015 Opinion or Order Filing 120 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from William L. Charron dated May 20, 2015. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
April 3, 2015 Opinion or Order Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 10/23/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
April 3, 2015 Opinion or Order Filing 118 TRANSCRIPT of Proceedings re: Discovery Hearing held on 10/23/2014 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 4/27/2015. Redacted Transcript Deadline set for 5/7/2015. Release of Transcript Restriction set for 7/6/2015.(ca)
April 1, 2015 Opinion or Order Filing 117 NOTICE OF APPEARANCE by Sarah E. O'Connell on behalf of 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC, Knoedler Gallery, LLC. (O'Connell, Sarah)
February 23, 2015 Opinion or Order Filing 116 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated February 23, 2015 re: Response to letter from William L. Charron dated February 6, 2015. Document filed by Knoedler Gallery, LLC.(O'Connell, Sarah)
February 13, 2015 Opinion or Order Filing 115 ORDER: A conference having been held in this matter on February 10, 2015, during which several discovery disputes were discussed, for the reasons set forth on the record of the conference and for the additional reasons set forth below, it is hereby ORDERED that: 1. Plaintiff's application to compel production of the general ledgers of 8-31 Holdings, Knoedler and Hammer Galleries is granted as further set forth in this order. 2. Plaintiff's application to compel production of financial records for the predecessor entities of 8- 31 Holdings and Knoedler Gallery is denied. (Signed by Magistrate Judge Henry B. Pitman on 2/13/2015) Copies Sent By Chambers. (lmb)
February 12, 2015 Opinion or Order Filing 114 LETTER addressed to Judge Paul G. Gardephe from Silvia L. Serpe dated February 12, 2015 re: February 6, 2015 letter from Cahill Partners LLP. Document filed by Jaime R. Andrade.(Serpe, Silvia)
February 10, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 2/10/2015. Order to follow. (bh)
February 6, 2015 Opinion or Order Filing 113 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated February 6, 2015 re: Judge Oetkens decision in related Fertitta action. Document filed by The Martin Hilti Family Trust.(Charron, William)
February 6, 2015 Opinion or Order Filing 112 LETTER addressed to Judge Paul G. Gardephe from John R. Cahill dated 2/6/15 re: a recent decision (enclosed) from Judge Oetken denying the motions to dismiss. Document filed by The Martin Hilti Family Trust.(Charron, William)
January 30, 2015 Opinion or Order Filing 111 NOTICE OF CHANGE OF ADDRESS by Mark Allen Robertson on behalf of 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. New Address: Norton Rose Fulbright US LLP,. (Robertson, Mark)
January 6, 2015 Opinion or Order Filing 110 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated January 6, 2015 re: response to the December 22, 2014 letter from Mr. Schmerler. Document filed by The Martin Hilti Family Trust.(Charron, William)
December 22, 2014 Opinion or Order Filing 109 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler, Esq. dated 12/22/14 re: recent court decision. Document filed by 8-31 Holdings, Inc., Ann Freedman, Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 2014 N.Y. Slip Opinion)(Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 108 LETTER addressed to Judge Paul G. Gardephe from Rebecca M. Siegel dated November 5, 2014 re: Request for Oral Argument on Defendants' Motions to Dismiss Plaintiff's First Amended Complaint. Document filed by The Martin Hilti Family Trust.(Siegel, Rebecca)
November 5, 2014 Opinion or Order Filing 107 REPLY MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss . . Document filed by Ann Freedman. (Nikas, Luke)
November 5, 2014 Opinion or Order Filing 106 DECLARATION of Luke Nikas in Support re: #104 MOTION to Dismiss .. Document filed by Ann Freedman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Nikas, Luke)
November 5, 2014 Opinion or Order Filing 105 MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss . . Document filed by Ann Freedman. (Nikas, Luke)
November 5, 2014 Opinion or Order Filing 104 MOTION to Dismiss . Document filed by Ann Freedman.(Nikas, Luke)
November 5, 2014 Opinion or Order Filing 103 REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss Amended Complaint., #95 MOTION to Dismiss Amended Complaint., #91 MOTION to Dismiss Amended Complaint. . Document filed by 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 102 REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss Amended Complaint. . Document filed by Knoedler Gallery, LLC. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 101 CERTIFICATE OF SERVICE of Memoranda of Law In Opposition to Motions to Dismiss the Amended Complaint served on Boies, Schiller & Flexner LLP, Fulbright & Jaworski LLP, and Serpe Ryan LLP on October 7, 2014. Service was made by e-mail. Document filed by The Martin Hilti Family Trust. (Siegel, Rebecca)
November 5, 2014 Opinion or Order Filing 100 MEMORANDUM OF LAW in Opposition re: #89 MOTION to Dismiss ., #93 MOTION to Dismiss Amended Complaint. Memorandum of Law In Opposition To The Motions By Defendants Knoedler Gallery, LLC d/b/a Knoedler & Company and Ann Freedman To Dismiss The Amended Complaint. Document filed by The Martin Hilti Family Trust. (Siegel, Rebecca)
November 5, 2014 Opinion or Order Filing 99 MEMORANDUM OF LAW in Opposition re: #93 MOTION to Dismiss Amended Complaint., #95 MOTION to Dismiss Amended Complaint., #91 MOTION to Dismiss Amended Complaint. Memorandum of Law In Opposition to Motions by 8-31 Holdings, Inc., Michael Hammer, and Hammer Galleries, LLC to Dismiss the Amended Complaint. Document filed by The Martin Hilti Family Trust. (Siegel, Rebecca)
November 5, 2014 Opinion or Order Filing 98 CERTIFICATE OF SERVICE of Notice of Motion, Memoranda, Declaration served on Pryor Cashman LLP, Boies, Schiller & Flexner LLP, Serpe Ryan LLP and Anastasios Sarikas, Esq. on 8/15/14. Service was made by e-mail. Document filed by 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC, Knoedler Gallery, LLC. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 97 DECLARATION of Charles D. Schmerler, Esq. in Support re: #93 MOTION to Dismiss Amended Complaint., #95 MOTION to Dismiss Amended Complaint., #91 MOTION to Dismiss Amended Complaint.. Document filed by 8-31 Holdings, Inc., Michael Hammer, Hammer Galleries LLC, Knoedler Gallery, LLC. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 96 MEMORANDUM OF LAW in Support re: #95 MOTION to Dismiss Amended Complaint. . Document filed by Hammer Galleries LLC. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 95 MOTION to Dismiss Amended Complaint. Document filed by Hammer Galleries LLC.(Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 94 MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss Amended Complaint. . Document filed by 8-31 Holdings, Inc., Knoedler Gallery, LLC. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 93 MOTION to Dismiss Amended Complaint. Document filed by 8-31 Holdings, Inc., Knoedler Gallery, LLC.(Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 92 MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss Amended Complaint. . Document filed by Michael Hammer. (Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 91 MOTION to Dismiss Amended Complaint. Document filed by Michael Hammer.(Schmerler, Charles)
November 5, 2014 Opinion or Order Filing 90 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss . . Document filed by Ann Freedman. (Nikas, Luke) Modified on 11/5/2014 (db).
November 5, 2014 Opinion or Order Filing 89 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Ann Freedman. (Attachments: #1 Memorandum of Law In Support of Motion to Dismiss, #2 Declaration of Luke Nikas, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Nikas, Luke) Modified on 11/5/2014 (db).
November 5, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Luke William Nikas to RE-FILE Document #90 Reply Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
November 5, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Luke William Nikas to RE-FILE Document #89 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
October 24, 2014 Opinion or Order Filing 88 ORDER: The depositions of non-parties need not await the completion of party depositions. In the absence of an agreement among counsel to the contrary, all depositions are subject to a presumptive two-day limit. No deposition may be commenced until forty-five days from the date of this Order to permit the parties to complete the initial round of document production. Plaintiffs' application to compel the production of the "Masaccio documents" and all other documents responsive to Document Requests Nos. 13 & 15 concerning the 11Masaccio Collection, as defined by plaintiffs in their First Document Request, is granted. The parties shall exchange non-binding lists of anticipated witnesses within 30 days of the date of this Order, and as further set forth in this Order. (Signed by Magistrate Judge Henry B. Pitman on 10/24/2014) Copies Transmitted by Chambers. (tro)
October 24, 2014 Opinion or Order Filing 87 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 7/31/2015. Depositions of fact witnesses due by 7/31/2015. All expert discovery to be set in June, 2015. Present best estimate of the length of trial is: 2-3 weeks. Final Pretrial Conference to be set in June, 2015. (Signed by Magistrate Judge Henry B. Pitman on 10/23/2014) (tro)
October 23, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 10/23/2014. (bh)
October 9, 2014 Opinion or Order Filing 86 NOTICE OF APPEARANCE by Eric B. Einisman on behalf of Jaime R. Andrade. (Einisman, Eric)
October 8, 2014 Opinion or Order Filing 85 NOTICE OF APPEARANCE by Rebecca Marie Siegel on behalf of The Martin Hilti Family Trust. (Siegel, Rebecca)
October 7, 2014 Opinion or Order A Discovery Hearing is set for 10/23/2014 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
October 3, 2014 Opinion or Order Filing 84 ORDER granting #83 Letter Motion for Leave to File Excess Pages. The Application is granted. (Signed by Judge Paul G. Gardephe on 10/3/2014) (lmb)
September 29, 2014 Opinion or Order Filing 83 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from William L. Charron dated September 29, 2014. Document filed by The Martin Hilti Family Trust.(Charron, William)
September 8, 2014 Opinion or Order Filing 82 ANSWER to Complaint. Document filed by Jaime R. Andrade.(Serpe, Silvia)
July 24, 2014 Opinion or Order Filing 81 ORDER: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Case referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Paul G. Gardephe on 7/24/2014) (kgo)
July 24, 2014 Opinion or Order Filing 80 ORDER granting #78 Letter Motion for Extension of Time. ENDORSEMENT: The Application is granted. The Clerk will terminate this motion as filed in each of the referenced actions. (Motions due by 8/20/2014.) (Signed by Judge Paul G. Gardephe on 7/24/2014) (kgo)
July 24, 2014 Opinion or Order Set/Reset Deadlines: Jaime R. Andrade answer due 10/7/2014. Responses due by 10/7/2014. Replies due by 11/7/2014. (kgo)
July 22, 2014 Opinion or Order Filing 79 NOTICE OF APPEARANCE by Paul Brian Maslo on behalf of Ann Freedman. (Maslo, Paul)
July 8, 2014 Opinion or Order Filing 78 LETTER MOTION for Extension of Time to file motions to dismiss addressed to Judge Paul G. Gardephe from Silvia L. Serpe dated 7/8/14. Document filed by Jaime R. Andrade.(Serpe, Silvia)
July 7, 2014 Opinion or Order Filing 77 ORDER: The Court hereby adopts the following briefing schedule for Defendants' motions to dismiss in the above-referenced cases: 1. Motions to dismiss for all Defendants except Defendant Andrade are due July 25, 2014. Defendant Andrade's motion to dismiss is due July 28, 2014; 2. Plaintiffs' oppositions are due on September 15, 2014; 3. Replies for all Defendants except Defendant Andrade are due October 10, 2014. Defendant Andrade's reply is due October 13, 2014. (Motions due by 7/28/2014. Responses due by 9/15/2014. Replies due by 10/13/2014.) (Signed by Judge Paul G. Gardephe on 7/3/2014) (kgo)
July 3, 2014 Opinion or Order Filing 76 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated July 3, 2014 re: Joint Letter Regarding Request for Conference and the Parties' Proposed Case Management Plan. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Exhibit A-B)(Charron, William)
July 2, 2014 Opinion or Order Filing 75 MEMO ENDORSEMENT on re: (72 in 1:13-cv-00657-PGG-HBP) Letter, filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC, (57 in 1:13-cv-01193-PGG-HBP) Letter, filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC, (37 in 1:13-cv-08515-PGG) Letter, filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC, (47 in 1:13-cv-03011-PGG-HBP) Letter, filed by 8-31 Holdings,Inc.,, Michael Hammer, Knoedler Gallery,LLC, (36 in 1:13-cv-08495-PGG) Letter, filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 7/2/2014) (kgo)
July 1, 2014 Opinion or Order Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/19/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
July 1, 2014 Opinion or Order Filing 73 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/19/2014 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 7/25/2014. Redacted Transcript Deadline set for 8/4/2014. Release of Transcript Restriction set for 10/2/2014.(Rodriguez, Somari)
June 26, 2014 Opinion or Order Filing 72 LETTER addressed to Judge Paul G. Gardephe from India DeCarmine dated June 26, 2014 re: LETTER addressed to Judge Paul G. Gardephe from India DeCarmine dated June 26, 2014 re: In the conference before Your Honor on June 19, 2014, Your Honor had ordered that counsel confer counsel have conferred but respectfully request that they be granted an additional week, until July 3, 2014. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(DeCarmine, India)
June 19, 2014 Opinion or Order Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 6/19/2014. (Court Reporter Steven Greenblum) (mr)
June 10, 2014 Opinion or Order Filing 71 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated June 10, 2014 re: Response to Pre-Motion Letter from Hammer Galleries. Document filed by The Martin Hilti Family Trust.(Kline, Stephanie)
June 5, 2014 Opinion or Order Filing 70 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler, Esq. dated June 5, 2014 re: Pre-motion conference. Document filed by Hammer Galleries LLC.(Schmerler, Charles)
June 5, 2014 Opinion or Order Filing 69 NOTICE OF APPEARANCE by India DeCarmine on behalf of Hammer Galleries LLC. (DeCarmine, India)
June 5, 2014 Opinion or Order Filing 68 NOTICE OF APPEARANCE by Mark Allen Robertson on behalf of Hammer Galleries LLC. (Robertson, Mark)
June 5, 2014 Opinion or Order Filing 67 NOTICE OF APPEARANCE by Charles David Schmerler on behalf of Hammer Galleries LLC. (Schmerler, Charles)
June 3, 2014 Opinion or Order Filing 66 NOTICE OF APPEARANCE by Paul W. Ryan on behalf of Jaime R. Andrade. (Ryan, Paul)
June 3, 2014 Opinion or Order Filing 65 LETTER addressed to Judge Paul G. Gardephe from William Charron dated 6/3/14 re: Response to Pre-Motion Letter from Michael Hammer and 8-31 Holdings. Document filed by The Martin Hilti Family Trust.(Charron, William)
June 3, 2014 Opinion or Order Filing 64 LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated 6/3/14 re: Response to Pre-Motion Letter from Knoedler. Document filed by The Martin Hilti Family Trust.(Charron, William)
May 30, 2014 Opinion or Order Filing 63 ENDORSED LETTER addressed to Judge Paul G. Gardephe from William L. Charron dated 5/30/2014 re: We write to request certain page extensions in connection with the Court's pre-motion letter requirement. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 5/30/2014) (kgo)
May 30, 2014 Opinion or Order Filing 62 LETTER addressed to Judge Paul G. Gardephe from Silvia L. Serpe dated May 30, 2014 re: Pre-motion Conference related to motion to dismiss. Document filed by Jaime R. Andrade.(Serpe, Silvia)
May 28, 2014 Opinion or Order Filing 61 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler, Esq. dated May 28, 2014 re: Pre-motion conference. Document filed by Knoedler Gallery, LLC.(Schmerler, Charles)
May 28, 2014 Opinion or Order Filing 60 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler, Esq. dated May 28, 2014 re: Pre-motion Conference. Document filed by 8-31 Holdings, Inc..(Schmerler, Charles)
May 28, 2014 Opinion or Order Filing 59 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler, Esq. dated May 28, 2014 re: Pre-motion conference. Document filed by Michael Hammer.(Schmerler, Charles)
May 28, 2014 Opinion or Order Filing 58 MEMO ENDORSEMENT on re: (34 in 1:13-cv-08495-PGG) Letter filed by Ann Freedman, (40 in 1:13-cv-03011-PGG-HBP) Letter, filed by Ann Freedman, (56 in 1:13-cv-00657-PGG-HBP) Letter, filed by Ann Freedman, (35 in 1:13-cv-08515-PGG) Letter filed by Ann Freedman, (41 in 1:13-cv-01193-PGG-HBP) Letter, filed by Ann Freedman. ENDORSEMENT: The Conference is adjourned to June 19, 2014 at 11:00 A.M. (Signed by Judge Paul G. Gardephe on 5/28/2014) (kgo) Modified on 5/30/2014 (kgo).
May 28, 2014 Opinion or Order Filing 57 LETTER addressed to Judge Paul G. Gardephe from Luke Nikas dated May 28, 2014 re: Defendant Ann Freedman pursuant to Rule 4A of the Court's Individual Practices. Freedman requests a pre-motion conference related to a motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Ann Freedman.(Nikas, Luke)
May 28, 2014 Opinion or Order Set/Reset Hearings: Status Conference set for 6/19/2014 at 11:00 AM before Judge Paul G. Gardephe. (kgo)
May 22, 2014 Opinion or Order Filing 56 LETTER addressed to Judge Paul G. Gardephe from Luke Nikas dated May 22, 2014 re: preliminary conference. Document filed by Ann Freedman.(Nikas, Luke)
May 19, 2014 Opinion or Order Filing 55 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff in the above captioned action ("Plaintiff") and defendant Jaime Andrade ("Andrade") through their respective counsel that: 1. Andrade shall answer, move, or otherwise respond to Plaintiff's Amended Complaint, which response includes filing a letter pursuant to Rule 4A of the Court's Individual Rules of Practice, by May 30, 2014. 2. Plaintiff shall respond to any pre-motion letter filed by Andrade by June 5, 2014. (Signed by Judge Paul G. Gardephe on 5/19/2014) (kgo)
May 19, 2014 Opinion or Order Set/Reset Deadlines: Jaime R. Andrade answer due 5/30/2014. Responses due by 6/5/2014. (kgo)
May 16, 2014 Opinion or Order Filing 54 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Per Jensen served on 5/14/2014, answer due 6/4/2014. Service was made by Mail. Document filed by The Martin Hilti Family Trust. (Charron, William)
May 15, 2014 Opinion or Order Filing 53 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Pei Shen Qian served on 5/14/2014, answer due 6/4/2014. Service was made by Mail. Document filed by The Martin Hilti Family Trust. (Charron, William)
May 9, 2014 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Silvia L. Serpe on behalf of Jaime R. Andrade. (Serpe, Silvia)
May 1, 2014 Opinion or Order Filing 51 ELECTRONIC SUMMONS ISSUED as to Pei Shen Qian. (laq)
May 1, 2014 Opinion or Order Filing 50 ELECTRONIC SUMMONS ISSUED as to Jaime R. Andrade. (laq)
May 1, 2014 Opinion or Order Filing 49 ELECTRONIC SUMMONS ISSUED as to Jesus Angel Bergantin Diaz. (laq)
May 1, 2014 Opinion or Order Filing 48 ELECTRONIC SUMMONS ISSUED as to Per Jensen. (laq)
May 1, 2014 Opinion or Order Filing 47 ELECTRONIC SUMMONS ISSUED as to Hammer Galleries LLC. (laq)
May 1, 2014 Opinion or Order Filing 46 AMENDED COMPLAINT amending #1 Complaint, against 8-31 Holdings, Inc., Jaime R. Andrade, Jose Carlos Bergantinos Diaz, Jesus Angel Bergantin Diaz, Does, Ann Freedman, Michael Hammer, Hammer Galleries LLC, Per Jensen, Knoedler Gallery, LLC, Pei Shen Qian, Glafira Rosales with JURY DEMAND.Document filed by The Martin Hilti Family Trust. Related document: #1 Complaint, filed by The Martin Hilti Family Trust.(Charron, William)
May 1, 2014 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney William Laurence Charron RE: Document No. #45 Amended Complaint, The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15,the wrong party was selected for FILED AGAINST File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave.Re-file the document and select the correct party you are filing against. The ALL DEFENDANTS option cannot be chosen, each defendant must be listed individually. Court's leave expired on April 29, 2014. (jd)
April 30, 2014 Opinion or Order Filing 45 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE AMENDED COMPLAINT amending #1 Complaint, #39 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by The Martin Hilti Family Trust. Related document: #1 Complaint, filed by The Martin Hilti Family Trust, #39 Amended Complaint, filed by The Martin Hilti Family Trust.(Charron, William) Modified on 5/1/2014 (jd).
April 29, 2014 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney William Charron RE: Document No. #39 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. All defendants must be named on the docket entry. (jom)
April 29, 2014 Opinion or Order Filing 44 REQUEST FOR ISSUANCE OF SUMMONS as to Pei Shen Qian, re: #39 Amended Complaint,. Document filed by The Martin Hilti Family Trust. (Charron, William)
April 29, 2014 Opinion or Order Filing 43 REQUEST FOR ISSUANCE OF SUMMONS as to Jaime R. Andrade, re: #39 Amended Complaint,. Document filed by The Martin Hilti Family Trust. (Charron, William)
April 29, 2014 Opinion or Order Filing 42 REQUEST FOR ISSUANCE OF SUMMONS as to Jesus Angel Bergantinos Diaz, re: #39 Amended Complaint,. Document filed by The Martin Hilti Family Trust. (Charron, William)
April 29, 2014 Opinion or Order Filing 41 REQUEST FOR ISSUANCE OF SUMMONS as to Per Jensen, re: #39 Amended Complaint,. Document filed by The Martin Hilti Family Trust. (Charron, William)
April 29, 2014 Opinion or Order Filing 40 REQUEST FOR ISSUANCE OF SUMMONS as to Hammer Galleries LLC, re: #39 Amended Complaint,. Document filed by The Martin Hilti Family Trust. (Charron, William)
April 29, 2014 Opinion or Order Filing 39 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against 8-31 Holdings, Inc., Jose Carlos Bergantinos Diaz, Does, Ann Freedman, Michael Hammer, Knoedler Gallery, LLC, Glafira Rosales with JURY DEMAND.Document filed by The Martin Hilti Family Trust. Related document: #1 Complaint, filed by The Martin Hilti Family Trust.(Charron, William) Modified on 4/30/2014 (jom).
April 25, 2014 Opinion or Order Filing 38 MEMO ENDORSEMENT on re: (36 in 1:13-cv-03011-PGG-HBP) Letter filed by Ann Freedman, (244 in 1:12-cv-05263-PGG-HBP) Letter filed by Ann Freedman, (179 in 1:12-cv-02313-PGG-HBP) Letter filed by Ann Freedman, (30 in 1:13-cv-08495-PGG) Letter filed by Ann Freedman, (27 in 1:13-cv-08515-PGG) Letter filed by Ann Freedman, (36 in 1:13-cv-00657-PGG-HBP) Letter filed by Ann Freedman, (34 in 1:13-cv-01193-PGG-HBP) Letter filed by Ann Freedman. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/24/2014) (mro)
April 25, 2014 Opinion or Order Filing 37 JOINT STIPULATION AND ORDER: The parties stipulate and consent to adjourn Plaintiffs' time to file their respective Amended Complaints by two (2) business days, with a new deadline of Tuesday, April 29, 2014. Defendants' deadline to answer, move or otherwise respond to the anticipated Amended Complaints (previously jointly stipulated to be May 23, 2014) is likewise adjourned by two (2) business days to Wednesday, May 28, 2014 (Monday, May 26, 2014 being Memorial Day), except for defendant Andrade in the White v. Freedman action, for whom the deadline shall be adjourned by four (4) business days to Friday, May 30, 2014. Plaintiffs' deadline to respond to any pre-motion letters filed by Defendants (previously ordered to be May 30, 2014) is likewise adjourned by two (2) business days to June 3, 2014. ( Amended Pleadings due by 4/29/2014.) (Signed by Judge Paul G. Gardephe on 4/24/2014) (mro)
April 23, 2014 Opinion or Order Filing 36 LETTER addressed to Judge Paul G. Gardephe from Benjamin D. Battles dated April 23, 2014 re: withdrawal of Benjamin D. Battles. Document filed by Ann Freedman.(Battles, Benjamin)
April 15, 2014 Opinion or Order Filing 35 ORDER: The Rule 16 conferences previously scheduled for April 17, 2014 in the Cohen and Manny Silverman Gallery matters are adjourned until June 6, 2014; Plaintiffs' responses to Defendants' pre-motion letters in the Cohen and Manny Silverman Gallery matters are due April 22, 2014; By prior stipulation, plaintiffs' deadline to file their respective amended complaints in the Hilti, White and Taubman matters is April 25, 2014; Any pre-motion letters in the Hilti, White and Taubman matters are due on May 23, 2014, and any responses are due May 30, 2014. Conference set for 6/6/2014 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 4/125/2014) (cd)
April 10, 2014 Opinion or Order Filing 34 JOINT STIPULATION AND ORDER: Plaintiffs' deadline to file their respective Amended Complaints, previously jointly stipulated after the lifting of the Court-ordered stay in the above-captioned actions to be on or before April 11,2014, is adjourned through and including April 25, 2014. Defendants shall answer, move or otherwise respond to the anticipated Amended Complaints - which responses include filing a letter, or an amended letter, pursuant to Rule 4A of the Court's Individual Rules of Practice - by May 23,2014. SO ORDERED. (Amended Pleadings due by 4/25/2014.) (Signed by Judge Paul G. Gardephe on 4/9/2014) (ajs)
April 9, 2014 Opinion or Order Filing 33 LETTER addressed to Judge Paul G. Gardephe from Stephanie R. Kline dated April 9, 2014 re: Joint Stipulation and Proposed Order Extending Plaintiffs' Time to Amend their Complaints. Document filed by The Martin Hilti Family Trust. (Attachments: #1 Joint Stipulation and Proposed Order)(Kline, Stephanie)
March 27, 2014 Opinion or Order Filing 32 LETTER addressed to Judge Paul G. Gardephe from India DeCarmine dated March 27, 2014 re: Stipulation between the parties to allow plaintiffs time to amend their complaints. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Attachments: #1 Text of Proposed Order Stipulation and Order)(DeCarmine, India)
December 16, 2013 Opinion or Order Filing 31 ORDER granting #30 Letter Motion for Extension of Time. Any interested party may object to the request for a continued stay by 12/20/2013. In the absence of any objection, the application is granted. (Signed by Judge Paul G. Gardephe on 12/16/2013) (cd)
December 13, 2013 Opinion or Order Filing 30 LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Niketh Velamoor dated December 13, 2013. Document filed by USA.(Velamoor, Niketh)
November 20, 2013 Opinion or Order Filing 29 ORDER: For the reasons stated above, the Government's motion for a stay until December 13,2013, is denied with respect to De Sole and Howard, but granted as to Hilti, White, and Taubman. The Clerk of Court is directed to terminate motions re: (109 in 1:12-cv-02313-PGG-HBP) MOTION to Stay Notice of Motion filed by USA, (23 in 1:13-cv-03011-PGG-HBP) MOTION to Stay Notice of Motion filed by USA, (21 in 1:13-cv-01193-PGG-HBP) MOTION to Stay Notice of Motion filed by USA, (23 in 1:13-cv-00657-PGG-HBP) MOTION to Stay Notice of Motion filed by USA, (165 in 1:12-cv-05263-PGG-HBP) MOTION to Stay Notice of Motion filed by USA (Signed by Judge Paul G. Gardephe on 11/20/2013) (cd)
November 1, 2013 Opinion or Order Filing 28 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated 10/31/2013 re: We respectfully request that the date (11/3/2013) in the Order be adjourned until two weeks from the date that either a) the application for a stay is denied, or b) the stay is lifted. The parties further reserve all rights to address this issue once the stay is lifted. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 10/31/2013) (cd)
September 13, 2013 Opinion or Order Filing 27 LETTER addressed to Judge Paul G. Gardephe from Charles D. Schmerler dated 9/12/13 re: Request the Court issue the stay requested in the Motion filed by the United States Attorney. Document filed by 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC.(Schmerler, Charles)
September 9, 2013 Opinion or Order Filing 26 ORDER: On September 9, 2013, the United States moved to stay the above-captioned matters until December 13, 2013. Any party objecting to a stay shall submit a letter to the Court addressing this issue by 5:00p.m. on September 12,2013. (Signed by Judge Paul G. Gardephe on 9/9/2013) (cd)
September 9, 2013 Opinion or Order Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Stay Notice of Motion.. Document filed by USA. (Attachments: #1 Exhibit A)(Hernandez, Jason)
September 9, 2013 Opinion or Order Filing 24 AFFIRMATION of Jason P. Hernandez in Support re: #23 MOTION to Stay Notice of Motion.. Document filed by USA. (Hernandez, Jason)
September 9, 2013 Opinion or Order Filing 23 MOTION to Stay Notice of Motion. Document filed by USA.(Hernandez, Jason)
September 9, 2013 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Jason Peter Hernandez on behalf of USA. (Hernandez, Jason)
August 26, 2013 Opinion or Order Filing 21 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Paul G. Gardephe on 8/23/2013) (rsh)
July 29, 2013 Opinion or Order Filing 20 NOTICE OF CHANGE OF ADDRESS by Luke William Nikas on behalf of Ann Freedman. New Address: Boies, Schiller & Flexner LLP, 30 South Pearl Street, Albany, New York, 12207, (518) 434-0600. (Nikas, Luke)
July 29, 2013 Opinion or Order Filing 19 NOTICE OF CHANGE OF ADDRESS by Benjamin Daniel Battles on behalf of Ann Freedman. New Address: Boies, Schiller & Flexner LLP, 30 South Pearl Street, Albany, New York, 12207, (518) 434-0600. (Battles, Benjamin)
July 10, 2013 Opinion or Order Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/20/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 10, 2013 Opinion or Order Filing 17 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/20/2013 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. 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 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/11/2013.(McGuirk, Kelly)
June 21, 2013 Opinion or Order Filing 16 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/21/2013) (ama)
June 21, 2013 Opinion or Order Filing 15 ORDER: Defendants' time to answer or otherwise move with respect to the complaint is stayed until two weeks after this Court's ruling on Defendants' motions to dismiss in De Sole et al v. Knoedler Gallery, LLC et. al, No. 12 Civ. 2313 and Howard v. Freedman et. al, No. 12 Civ. 5263. (Signed by Judge Paul G. Gardephe on 6/21/2013) (tro)
June 20, 2013 Opinion or Order Filing 14 NOTICE OF APPEARANCE by India DeCarmine on behalf of 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (DeCarmine, India)
June 20, 2013 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Mark Allen Robertson on behalf of 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Robertson, Mark)
June 20, 2013 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Charles David Schmerler on behalf of 8-31 Holdings, Inc., Michael Hammer, Knoedler Gallery, LLC. (Schmerler, Charles)
June 20, 2013 Opinion or Order Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held and concluded on 6/20/2013. (Court Reporter Vincent Bologna) (jmi)
May 23, 2013 Opinion or Order Filing 11 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 6/20/2013 at 03:00 PM in Courtroom 705 at the United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/23/2013) (mro)
March 8, 2013 Opinion or Order Filing 10 STIPULATION: IT IS HERESY STIPULATED AND AGREED by and bet\veen the undersignedattorneys for the parties that the time for defendants Glafira Rosales and Jose Carlos Bergantinos Diaz to answer or move with respect to the Complaint filed herein is extended to and including March 19, 2013. (Signed by Judge Paul G. Gardephe on 3/8/2013) (mt)
March 8, 2013 Opinion or Order Set/Reset Deadlines: Jose Carlos Bergantinos Diaz answer due 3/19/2013; Glafira Rosales answer due 3/19/2013. (mt)
March 1, 2013 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of Ann Freedman (Battles, Benjamin)
March 1, 2013 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Luke William Nikas on behalf of Ann Freedman (Nikas, Luke)
March 1, 2013 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Nicholas A. Gravante, Jr on behalf of Ann Freedman (Gravante, Nicholas)
February 4, 2013 Opinion or Order Filing 6 NOTICE OF CASE ASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (pgu)
February 4, 2013 Opinion or Order Magistrate Judge Henry B. Pitman is so designated. (pgu)
February 4, 2013 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:12-cv-05263-PGG-HBP. Notice of Assignment to follow. (pgu)
February 4, 2013 Opinion or Order Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Jose Carlos Bergantinos Diaz served on 1/30/2013, answer due 2/20/2013. Service was accepted by Glafira Rosales. Document filed by The Martin Hilti Family Trust. (Charron, William)
February 4, 2013 Opinion or Order Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. Glafira Rosales served on 1/30/2013, answer due 2/20/2013. Service was accepted by Glafira Rosales. Document filed by The Martin Hilti Family Trust. (Charron, William)
February 4, 2013 Opinion or Order Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ann Freedman served on 1/30/2013, answer due 2/20/2013. Document filed by The Martin Hilti Family Trust. (Charron, William)
February 4, 2013 Opinion or Order Filing 2 AFFIDAVIT OF SERVICE of Summons and Complaint,. 8-31 Holdings, Inc. served on 1/31/2013, answer due 2/21/2013; Michael Hammer served on 1/31/2013, answer due 2/21/2013; Knoedler Gallery, LLC served on 1/31/2013, answer due 2/21/2013. Document filed by The Martin Hilti Family Trust. (Charron, William)
January 29, 2013 Opinion or Order Filing 1 COMPLAINT against 8-31 Holdings, Inc., Jose Carlos Bergantinos Diaz, Does, Ann Freedman, Michael Hammer, Knoedler Gallery, LLC, Glafira Rosales. (Filing Fee $ 350.00, Receipt Number 465401058793)Document filed by The Martin Hilti Family Trust.(jd)
January 29, 2013 Opinion or Order SUMMONS ISSUED as to 8-31 Holdings, Inc., Jose Carlos Bergantinos Diaz, Does, Ann Freedman, Michael Hammer, Knoedler Gallery, LLC, Glafira Rosales. (jd)
January 29, 2013 Opinion or Order Case Designated ECF. (jd)
January 29, 2013 Opinion or Order CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:12-cv-5263. (jd)

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Search for this case: The Martin Hilti Family Trust v. Knoedler Gallery, LLC et al
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Plaintiff: The Martin Hilti Family Trust
Represented By: James A. Janowitz
Represented By: Kaveri Banka Arora
Represented By: Paul Cossu
Represented By: Rebecca Marie Siegel
Represented By: Ross McClintic Bagley
Represented By: Stephanie Rachel Kline
Represented By: William Laurence Charron
Represented By: Alex Ray Goldberg
Represented By: Eric Matthew Fishman
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Defendant: Knoedler Gallery, LLC doing business as Knoedler & Company
Represented By: Charles David Schmerler
Represented By: Mark Allen Robertson
Represented By: India DeCarmine
Represented By: James Hamilton Neale
Represented By: Kimberly Eden Carson
Represented By: Luke William Nikas
Represented By: Maaren Alia Shah
Represented By: Rafael Francisco Guillermety Kelly
Represented By: Sarah E. O'Connell
Represented By: Usher T. Winslett
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Defendant: Ann Freedman
Represented By: Nicholas A. Gravante, Jr
Represented By: Paul Brian Maslo
Represented By: Benjamin Daniel Battles
Represented By: Luke William Nikas
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Defendant: Michael Hammer
Represented By: Charles David Schmerler
Represented By: Mark Allen Robertson
Represented By: India DeCarmine
Represented By: James Hamilton Neale
Represented By: Rafael Francisco Guillermety Kelly
Represented By: Sarah E. O'Connell
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Defendant: 8-31 Holdings, Inc.
Represented By: Charles David Schmerler
Represented By: Mark Allen Robertson
Represented By: India DeCarmine
Represented By: James Hamilton Neale
Represented By: Rafael Francisco Guillermety Kelly
Represented By: Sarah E. O'Connell
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Defendant: Glafira Rosales
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Defendant: Jose Carlos Bergantinos Diaz
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Defendant: Does 1-10
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Defendant: Pei Shen Qian
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Defendant: Jaime R. Andrade
Represented By: Beth Kressel Itkin
Represented By: Eric B. Einisman
Represented By: Paul W. Ryan
Represented By: Silvia L. Serpe
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Defendant: Jesus Angel Bergantin Diaz
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Defendant: Per Jensen
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Defendant: Hammer Galleries LLC
Represented By: Charles David Schmerler
Represented By: India DeCarmine
Represented By: James Hamilton Neale
Represented By: Mark Allen Robertson
Represented By: Sarah E. O'Connell
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Defendant: Jesus Angel Bergantinos Diaz
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Defendant: Per Haubro Jensen
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Intervenor plaintiff: USA
Represented By: Jason Peter Hernandez
Represented By: Niketh Varadaraj Velamoor
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