Busher v. Barry, Jr. et al
| Eugene L. Busher |
| Desmond T. Barry, Jr., Thomas T. Egan, John P. Heanue, William M. Kelly and Francis P. Barron |
| 7:2014cv04322 |
| June 16, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Nelson Stephen Roman |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
359
JUDGMENT. IT IS HEREBY ORDERED that: Final judgment in this matter is entered. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/14/20) (yv)
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Filing
348
ORDER granting 347 Letter Motion to Adjourn Conference. The Status Conf. scheduled for June 25, 2020 is adjourned until Sept. 24, 2020 at 10:30 am. Pltf's counsel is directed to provide notice of the new hearing date within five (5) days and file proof of such notice. Clerk of the Court requested to terminate the motion ( doc. 347)., Status Conference set for 9/24/2020 at 10:30 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 6/16/2020) (rj)
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Filing
346
ORDER granting 345 LETTER MOTION to Adjourn Conference - Plaintiffs' request to adjourn hearing scheduled for April 17, 2020 sine die until in-person hearing is practicable. Plaintiff's request is granted as to the extent of adjourning the Status Conf. for approval of final dismissal from April 17, 2020 until June 25, 2020 at 10:30 am, Clerk of the Court requested to terminate the motion (doc. 345). SO ORDERED. Status Conference set for 6/25/2020 at 10:30 AM before Judge Nelson Stephen Roman.. (Signed by Judge Nelson Stephen Roman on 4/3/2020) (jca)
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Filing
337
PRELIMINARY ORDER FOR VOLUNTARY DISMISSAL CLAIMS UNDER RULE 41(a)(2) AND NOTICE TO SHAREHOLDERS UNDER RULE 23.1: IT IS THEREFORE ORDERED that: 1. Subject to notice being provided to shareholders of the Winged Foot Holding Corporation in accord with a plan of notice to be approved by the Court pursuant to Rule 23.1(c) of the Federal Rules of Civil Procedure, Plaintiffs' Remaining Claims shall be dismissed with prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure and a f inal judgment thereupon shall be entered. 2. Each party to this action shall bear its own costs, disbursements, attorneys' fees, and expenses. (Signed by Judge Nelson Stephen Roman on 1/2/2020) (rj) Transmission to Orders and Judgments Clerk for processing.
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Filing
329
OPINION & ORDER re: 268 MOTION in Limine / Motion in Limine to Exclude Evidence Inconsistent with New York Law and the Court's Prior Decisions on the Question of Corporate Purpose. filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue, 265 MOTION in Limine /Defendants' Notice of Motion to Exclude Testimony and Evidence of Damages Based on the Theoretical Development of the Winged Foot Property. filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue, 278 MOTION in Limine / Notice of Motion In Limine to Exclude Irrelevant Evidence. filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue, 280 MOTION in Limine Plaintiffs' motions in limine nos. 4-5, to admit party admissions against interest made by George J. Gillespie, III. filed by Meredith Busher, Nancy Tumposky, Ellen Busher, 264 MOTION in Limine /Defendants' Corrected Notice of Motion to Exclude Evidence and Testimony on the Winged Foot Holding Corporation's Clas sification Under Federal Tax Law. filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue, 286 MOTION in Limine /Defendants' Notice of Motion In Limine to E xclude Evidence Related to Speculative Damages and Unreliable Opinion Testimony. filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue, 275 MOTION in Limine Pl aintiffs' motions in limine nos. 2-3, to exclude hearsay statements in, or based on, the minutes of the June 8, 1947 meeting of the board. filed by Meredith Busher, Nancy Tumposky, Ellen Busher. For the foregoing reasons, Plaintiffs' ; motions in limine, (ECF Nos. 273, 275, & 280), are GRANTED in part and DENIED in part. Defendants' motions in limine concerning evidence bearing on the question of liability, (ECF Nos. 264, 268, & 278), are GRANTED in part, DENIED in part, and RESERVED in part. Defendants' motion in limine which seeks, in relevant part, dismissal of Plaintiffs' dissolution claim, (ECF No. 286), is granted to the extent that such claim is dismissed without prejudice to Plaintiffs' asser ting the claim in a state court action, and the Court otherwise reserves decision on all other aspects of the motion. The Court likewise reserves decision on Defendants' motion in limine seeking to preclude evidence of the theoretical development of the Winged Foot property, (ECF No. 265). The Clerk of the Court is directed to terminate the motions at ECF Nos. 273,275,280,264, 268, & 278. (Signed by Judge Nelson Stephen Roman on 12/18/2019) (rj)
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Filing
244
OPINION AND ORDER re: 239 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Maeve O'Connor dated 9/23/19. filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Desmond T. Barry, Jr., John P. Heanue. Accordingly, as trial approaches, the Court reminds the parties that their pretrial submissions must comply with the Court's March 12, 2019, Opinion and Order. In that regard, the only relevant occurrence remaining in this actio n is the 2013 lease extension. Events preceding that lease extension and outside of the statutory period are not actionable. Therefore, Parties should not rely on or attempt to prove such events in their pretrial submissions or at trial. The Clerk of the Court is respectfully directed to terminate the letter motion at ECF No. 239. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/2/2019) (kv)
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Filing
69
OPINION & ORDER re: 63 MOTION for Reconsideration re; 61 Memorandum & Opinion, filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue. For the foregoi ng reasons, the Court DENIES Defendants' motion for reconsideration of the March Opinion. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 63. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/10/2016) (mml)
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Filing
61
OPINION & ORDER re: 39 MOTION for Summary Judgment . filed by Winged Foot Golf Club, Inc., Thomas T. Egan, William M. Kelly, Francis P. Barron, Desmond T. Barry, Jr., John P. Heanue. For the foregoing reasons, Defendants' motion for summary judgment is DENIED in its entirety. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 39. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/28/2016) (mml)
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