Sydney et al v. Cedar Realty Trust, Inc. et al
| David Sydney, SWC Phoenix Fund I, L.P., Martin Novick, J. Renee Brennan Living Trust, Scott Schroepfer, Kenneth Kamholz, Joe Speiser and Elbert Capital I LLC |
| Cedar Realty Trust, Inc., Cedar Realty Trust Partnership, L.P., Wheeler Real Estate Investment Trust, Inc., Bruce J. Schanzer, Gregg A. Gonsalves, Abe Eisenstat, Sharon Stern, Richard H. Ross, Darcy D. Morris, Sabrina Kanner and Steven G. Rogers |
| Julia Kim |
| 8:2022cv01142 |
| May 11, 2022 |
| US District Court for the District of Maryland |
| Peter J Messitte |
| George Levi Russell |
| Stockholders Suits |
| 28 U.S.C. § 1446 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 59 STIPULATION re Consolidation and Proposed Scheduling Order by Julia Kim(Minton, Thomas) |
| Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 06/22/2022, before Judge Russell. Court Reporter N. Bachmann, Telephone number 410-962-4753/nadine_bachmann@mdd.uscourts.gov. Total number of pages filed: 155. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 7/15/2022. Redacted Transcript Deadline set for 7/25/2022. Release of Transcript Restriction set for 9/22/2022.(ng, Court Reporter) |
Filing 57
ORDER denying #8 Plaintiffs' Motion for Preliminary Injunction; denying #13 Plaintiffs' Emergency Motion for Temporary Retraining Order; and directing Defendants to respond to the Amended Class Action Complaint. Signed by Judge George Levi Russell, III on 6/23/2022. (bmhs, Deputy Clerk)
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| Filing 56 Telephone Conference held on 6/23/2022 before Judge George Levi Russell, III.(Court Reporter: Nadine Bachmann) (dg4s, Deputy Clerk) |
| Filing 55 Motion Hearing held on 6/22/2022 re #13 MOTION for Temporary Restraining Order filed by Elbert Capital I LLC, Joe Speiser, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, J. Renee Brennan Living Trust, David Sydney, #8 MOTION for Preliminary Injunction filed by Elbert Capital I LLC, Joe Speiser, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, J. Renee Brennan Living Trust, David Sydney before Judge George Levi Russell, III.(Court Reporter: Nadine Bachmann) (dg4s, Deputy Clerk) |
| Filing 54 SURREPLY in Further Opposition to #8 Plaintiffs' for Preliminary Injunction filed by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern.(bmhs, Deputy Clerk) |
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Filing 53
ORDER granting #51 Motion for Leave to File a Surreply. Signed by Judge George Levi Russell, III on 6/21/2022. (bmhs, Deputy Clerk)
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| Filing 52 Opposition to Leave to File Surreply by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney(Enright, Donald) Modified on 6/21/2022 (bmhs, Deputy Clerk). |
| Filing 51 MOTION for Leave to File a Sur Reply by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Cedar Sur Reply on PI Motion)(Krulak, William) |
| Filing 50 Proposed Findings of Fact by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney. (Enright, Donald) |
| Filing 49 Correspondence Correcting Earlier Submission: #13 Motion for TRO, #40 Reply to Response to Motion, #41 Reply to Response to Motion, #44 Order (Attachments: #1 Corrected Plaintiffs' Reply Brief, #2 Correct Plaintiffs' Wheeler Reply Brief)(Enright, Donald) |
| Filing 48 AFFIDAVIT re #40 Reply to Response to Motion, #44 Order, #41 Reply to Response to Motion, #13 MOTION for Temporary Restraining Order by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Ex. 1: Articles Supplementary Series C, #2 Ex. 2: Articles Supplementary Series B, #3 Ex. 3: Cedar 9/9/21 Press Release, #4 Ex. 4: Cedar March 2022 Form 8-K, #5 Ex. 5: Wheeler Merger Agreement, #6 Ex. 6: Wheeler March 2022 Form 8-K, #7 Ex. 7: List of Grocery-Anchored Properties, #8 Ex. 8: Cedar 2021 Form 10-K, #9 Ex. 9: Wheeler 2021 Form 10-K, #10 Ex. 10: Wheeler December 2020 Form 8-K, #11 Ex. 11: Wheeler 2020 Form 10-K, #12 Ex. 12: Wheeler June 2021 Form 10-Q, #13 Ex. 13: Wheeler 8/23/21 Press Release, #14 Ex. 14: Wheeler November 2021 Form 8-K, #15 Ex. 15: Wheeler January 2018 Form 8-K, #16 Ex. 16: Wheeler October 2019 Schedule 14A, #17 Ex. 17: Wheeler December 2021 Schedule 13D, #18 Ex. 18: Wheeler December 2021 Form 8-K, #19 Ex. 19: Raymond James March 2022 Report, #20 Ex. 20: Cedar Preferred Stock Trade History, #21 Ex. 21: Wheeler Common Stock Trade History, #22 Ex. 22: Wheeler Nov. 2019 Schedule 14A, #23 Ex. 23: List of Wheeler Properties, #24 Ex. 24: November 27, 2017 article, #25 Ex. 25: Cedar Common Stock Trade History, #26 Ex. 26: Wheeler November 2019 slideshow, #27 Ex. 27: Cedar April 2022 Schedule 14A Proxy, #28 Ex. 28: Cedar May 2015 Prospectus, #29 Ex. 29: Cedar March 2022 Supplemental Info, #30 Ex. 30: May 2022 Cedar Defendants line, #31 Ex. 31: May 2022 Wheeler Defendant line)(Enright, Donald) |
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Filing 47
STIPLATED PROTECTIVE ORDER. Signed by Judge George Levi Russell, III on 6/10/2022. (bmhs, Deputy Clerk)
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| Filing 46 MOTION for Protective Order - STIPULATED by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern (Attachments: #1 Exhibit A)(Krulak, William) |
| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/8/2022, before Judge George L. Russell III. Court Reporter Patricia G. Mitchell, 410-962-3858, trish_mitchell@mdd.uscourts.gov. Total number of pages filed: 22. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 6/30/2022. Redacted Transcript Deadline set for 7/11/2022. Release of Transcript Restriction set for 9/7/2022.(pm, Court Reporter) |
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Filing 44
ORDER memorializing the agreement reached during the teleconference to discuss #32 Plaintiff's Renewed Motion to Expedite Discovery. Signed by Judge George Levi Russell, III on 6/9/2022. (bmhs, Deputy Clerk)
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| Filing 43 Telephone Conference/Motions Hearing held on 6/8/2022 before Judge George Levi Russell, III. (Court Reporter: Trish Mitchell) (rm2s, Deputy Clerk) |
| Filing 42 REPLY to Response to Motion re #32 MOTION to Expedite filed by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney.(Enright, Donald) |
| Filing 41 REPLY to Response to Motion re #13 MOTION for Temporary Restraining Order filed by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney.(Enright, Donald) |
| Filing 40 REPLY to Response to Motion re #13 MOTION for Temporary Restraining Order filed by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Enright, Donald) |
| Filing 39 NOTICE by Wheeler Real Estate Investment Trust, Inc. re #35 Response in Opposition to Motion for Expedited Discovery (Proposed Order) (Thrope, Jerrold) |
| Filing 38 PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice on behalf of Douglas H. Flaum. Directing attorney Douglas H. Flaum to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 6/3/2022. (mh4s, Deputy Clerk) |
| Filing 37 QC NOTICE: #35 Response in Opposition to Motion filed by Wheeler Real Estate Investment Trust, Inc. was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to #35 Response. (bmhs, Deputy Clerk) |
| Filing 36 RESPONSE in Opposition re #32 MOTION to Expedite filed by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern. (Attachments: #1 Declaration of Jennifer Burns Luz, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration of William M. Krulak, #8 Text of Proposed Order)(Krulak, William) |
| Filing 35 RESPONSE in Opposition re #32 MOTION to Expedite Discovery filed by Wheeler Real Estate Investment Trust, Inc..(Thrope, Jerrold) |
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Filing 34
PAPERLESS ORDER RESCHEDULING teleconference to resolve the Motion to Expedite TO Wednesday June 8, 2022 at 2:30pm. Plaintiff's counsel should initiate the call to chambers. Signed by Judge George Levi Russell, III on 6/2/2022. (ats, Chambers)
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Filing 33
ORDER setting the briefing and hearing schedule on the #32 Motion to Expedite. Signed by Judge George Levi Russell, III on 5/31/2022. (bmhs, Deputy Clerk)
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| Filing 32 MOTION to Expedite by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Memorandum in Support, #2 Meet and Confer Certification, #3 Text of Proposed Order)(Enright, Donald) |
| Filing 31 RESPONSE in Opposition re #13 MOTION for Temporary Restraining Order , #8 MOTION for Preliminary Injunction filed by Wheeler Real Estate Investment Trust, Inc..(Thrope, Jerrold) |
| Filing 30 RESPONSE in Opposition re #13 MOTION for Temporary Restraining Order , #8 MOTION for Preliminary Injunction filed by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern. (Attachments: #1 Declaration of Jennifer Burns Luz, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of Yoel Kranz, #6 Declaration of Steven G. Rogers, #7 Text of Proposed Order)(Krulak, William) |
| Filing 29 NOTICE by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Exhibit)(Enright, Donald) |
| Filing 28 RESPONSE re #10 Notice of Standing Order 2021-13 Concerning Removal Actions filed by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern, Wheeler Real Estate Investment Trust, Inc..(Krulak, William) |
| Filing 27 Local Rule 103.3 Disclosure Statement by Wheeler Real Estate Investment Trust, Inc. identifying Corporate Parent Wheeler REIT, L.P. for Wheeler Real Estate Investment Trust, Inc..(Thrope, Jerrold) |
| Filing 26 QC NOTICE: #25 Local Rule 103.3 Disclosure Statement filed by Wheeler Real Estate Investment Trust, Inc. was filed incorrectly. **Please refile the Local Rule 103.3 Disclosure Statement. Everyone designated on your disclosure statement as having financial interest in the outcome of the case needs to be added as a corporate parent or other affiliate when the system prompts you. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) |
| Filing 25 Local Rule 103.3 Disclosure Statement by Wheeler Real Estate Investment Trust, Inc. (Thrope, Jerrold) |
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Filing 24
MARGINAL ORDER Approving #23 Stipulation filed by Elbert Capital I LLC, Joe Speiser, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, J. Renee Brennan Living Trust, David Sydney. Signed by Judge George Levi Russell, III on 5/23/2022. (kb3s, Deputy Clerk)
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| Filing 23 STIPULATION by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney(Enright, Donald) |
| Filing 22 PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice on behalf of Jennifer B Luz. Directing attorney Jennifer B Luz to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/19/2022. (dm4s, Deputy Clerk) |
| Filing 21 Local Rule 103.3 Disclosure Statement by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc. identifying Other Affiliate XL Specialty Insurance Company, Other Affiliate RSUI Indemnity Company, Other Affiliate Endurance Assurance Corporation, Other Affiliate DRA Fund X-B LLC, Other Affiliate DRA Growth and Income Master Fund X-B, LLC, Other Affiliate KPR Centers LLC, Other Affiliate Twin City Fire Insurance Company for Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc..(Chazen, Joshua) |
| Filing 20 QC NOTICE: #16 Local Rule 103.3 Disclosure Statement filed by Cedar Realty Trust, Inc., Cedar Realty Trust Partnership, L.P. was filed incorrectly. **Please refile the Local Rule 103.3 Disclosure Statement. Everyone designated on your disclosure statement as having financial interest in the outcome of the case needs to be added as a corporate parent or other affiliate when the system prompts you. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) |
| Filing 19 PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice on behalf of Elizabeth Gingold Clark. Directing attorney Elizabeth Gingold Clark to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/19/2022. (dm4s, Deputy Clerk) |
| Filing 18 PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice on behalf of Joshua E Fruchter. Directing attorney Joshua E Fruchter to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/19/2022. (dm4s, Deputy Clerk) |
| Filing 17 MOTION to Appear Pro Hac Vice for Joshua Fruchter (Filing fee $100, receipt number AMDDC-9941053.) by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney(Enright, Donald) |
| Filing 16 (FILED IN ERROR) Local Rule 103.3 Disclosure Statement by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc. (Krulak, William) Modified on 5/19/2022 (bmhs, Deputy Clerk). |
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Filing 15
ORDER granting in part and denying in part #9 Motion for Expedited Schedule; denying without prejudice as moot #7 Motion to Expedite Discovery; and directing parties file a joint stipulation. Signed by Judge George Levi Russell, III on 5/16/2022. (bmhs, Deputy Clerk)
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| Filing 14 MOTION to Appear Pro Hac Vice for Elizabeth G. Clark (Filing fee $100, receipt number AMDDC-9933657.) by Wheeler Real Estate Investment Trust, Inc.(Thrope, Jerrold) |
| Telephone Conference held on 5/16/2022 before Judge George Levi Russell, III. (jh2s, Deputy Clerk) |
| Filing 13 MOTION for Temporary Restraining Order by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Text of Proposed Order)(Enright, Donald) |
| Filing 12 NOTICE of Appearance by Donald J Enright on behalf of All Plaintiffs (Enright, Donald) |
| Filing 11 NOTICE of Appearance by Jordan A Cafritz on behalf of Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Cafritz, Jordan) |
| Filing 10 Clerk's Notice of Standing Order concerning removal actions filed in this Court, which can be downloaded #here. (mg3s, Deputy Clerk) |
| Filing 9 MOTION for Expedited Briefing Schedule and Hearing Date by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(mg3s, Deputy Clerk) |
| Filing 8 MOTION for Preliminary Injunction by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(mg3s, Deputy Clerk). |
| Filing 7 MOTION to Expedite Discovery by Elbert Capital I LLC, J. Renee Brennan Living Trust, Kenneth Kamholz, Martin Novick, SWC Phoenix Fund I, L.P., Scott Schroepfer, Joe Speiser, David Sydney (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit)(mg3s, Deputy Clerk) |
| THE ABOVE DOCUMENTS (3-9) ARE COPIES OF ORIGINAL PAPERS FILED IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY. (mg3s, Deputy Clerk) |
| Case Reassigned to Judge George Levi Russell, III. Judge Peter J. Messitte no longer assigned to the case. (jf3s, Deputy Clerk) |
| Filing 6 MOTION to Appear Pro Hac Vice for Jennifer B. Luz (Filing fee $100, receipt number AMDDC-9928057.) by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern(Krulak, William) |
| Filing 5 MOTION to Appear Pro Hac Vice for Douglas H. Flaum (Filing fee $100, receipt number AMDDC-9927971.) by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern(Krulak, William) |
| Filing 4 STATE COURT AMENDED COMPLAINT against Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern, Wheeler Real Estate Investment Trust, Inc., filed by Joe Speiser, SWC Phoenix Fund I, L.P., David Sydney, Kenneth Kamholz, Martin Novick, Elbert Capital I LLC, J. Renee Brennan Living Trust, Scott Schroepfer. (Attachments: #1 Redline Version, #2 Exhibit A, #3 Exhibit B)(mg3s, Deputy Clerk) |
| Filing 3 STATE COURT COMPLAINT against Sharon Stern, Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Wheeler Real Estate Investment Trust, Inc., filed by Joe Speiser, SWC Phoenix Fund I, L.P., David Sydney, Kenneth Kamholz, Martin Novick, Elbert Capital I LLC, J. Renee Brennan Living Trust, Sharon Stern, Scott Schroepfer. (Attachments: #1 Exhibit A, #2 Exhibit B)(mg3s, Deputy Clerk) |
| Filing 2 NOTICE by Cedar Realty Trust Partnership, L.P., Cedar Realty Trust, Inc., Abe Eisenstat, Gregg A. Gonsalves, Sabrina Kanner, Darcy D. Morris, Steven G. Rogers, Richard H. Ross, Bruce J. Schanzer, Sharon Stern, Wheeler Real Estate Investment Trust, Inc. re #1 Notice of Removal,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 163 to Notice of Removal - Notice of Notice of Removal (Montgomery County) (Montgomery County (Krulak, William) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Maryland for Montgomery County, case number C-15-cv-22-001527. ( Filing fee $ 402 receipt number AMDDC-9926837), filed by Richard H. Ross, Wheeler Real Estate Investment Trust, Inc., Cedar Realty Trust Partnership, L.P., Gregg A. Gonsalves, Abe Eisenstat, Darcy D. Morris, Cedar Realty Trust, Inc., Steven G. Rogers, Sabrina Kanner, Bruce J. Schanzer, Sharon Stern. (Attachments: #1 Exhibit 1 - Civil Cover Sheet - Fed Ct., #2 Exhibit 2 - Civil Cover Sheet - State Ct.., #3 Exhibit 3 - State Court Complaint, #4 Exhibit 4 - Exhibit A to Complaint, #5 Exhibit 5 - Exhibit B to Complaint, #6 Exhibit 6 - Written Request for Issuance of Writ of Summons for Service, #7 Exhibit 7 - Notice of New Case Number Assigned in Circuit Court - Cedar Realty Trust Partnership, L.P., #8 Exhibit 8 - Notice of New Case Number Assigned in Circuit Court - Cedar Realty Trust, Inc., #9 Exhibit 9 - Notice of New Case Number Assigned in Circuit Court - Eisenstat, Abe, #10 Exhibit 10 - Notice of New Case Number Assigned in Circuit Court - Enright Donald, #11 Exhibit 11 - Notice of New Case Number Assigned in Circuit Court - Gonsalves, Gregg A, #12 Exhibit 12 - Notice of New Case Number Assigned in Circuit Court - Kanner, Sabrina, #13 Exhibit 13 - Notice of New Case Number Assigned in Circuit Court - Morris, Darcy D, #14 Exhibit 14 - Notice of New Case Number Assigned in Circuit Court - Rogers Steven G, #15 Exhibit 15 - Notice of New Case Number Assigned in Circuit Court - Ross, Richard H, #16 Exhibit 16 - Notice of New Case Number Assigned in Circuit Court - Schanzer, Bruce J, #17 Exhibit 17 - Notice of New Case Number Assigned in Circuit Court - Stern, Sharon, #18 Exhibit 18 - Notice of New Case Number Assigned in Circuit Court - Wheeler Real Estate Investment Trust, Inc., #19 Exhibit 19 - Writ of Summons Issued - Cedar Realty Trust Inc., #20 Exhibit 20 - Writ of Summons Issued - Cedar Realty Trust Partnership LP, #21 Exhibit 21 - Writ of Summons Issued - Eisenstat, Abe, #22 Exhibit 22 - Writ of Summons Issued - Gonsalves, Gregg A., #23 Exhibit 23 - Writ of Summons Issued - Kanner, Sabrina, #24 Exhibit 24 - Writ of Summons Issued - Morris, Darcy D, #25 Exhibit 25 - Writ of Summons Issued - Rogers, Steven G, #26 Exhibit 26 - Writ of Summons Issued - Ross, Richard H., #27 Exhibit 27 - Writ of Summons Issued - Schanzer, Bruce J, #28 Exhibit 28 - Writ of Summons Issued - Stern, Sharon, #29 Exhibit 29 - Writ of Summons Issued - Wheeler Real Estate Investment Trust Inc, #30 Exhibit 30 - TRACK 4 SCH NOTICE - Cedar Realty Trust Inc., #31 Exhibit 31 - TRACK 4 SCH NOTICE - Cedar Realty Trust Partnership LP, #32 Exhibit 32 - TRACK 4 SCH NOTICE - Eisenstat, Abe, #33 Exhibit 33 - TRACK 4 SCH NOTICE - Enright, Donald, #34 Exhibit 34 - TRACK 4 SCH NOTICE - Gonsalves, Gregg A., #35 Exhibit 35 - TRACK 4 SCH NOTICE - Kanner, Sabrina, #36 Exhibit 36 - TRACK 4 SCH NOTICE - Morris, Darcy D, #37 Exhibit 37 - TRACK 4 SCH NOTICE - Rogers, Steven G, #38 Exhibit 38 - TRACK 4 SCH NOTICE - Ross, Richard H, #39 Exhibit 39 - TRACK 4 SCH NOTICE - Schanzer Bruce J, #40 Exhibit 40 - TRACK 4 SCH NOTICE - Stern, Sharon, #41 Exhibit 41 - TRACK 4 SCH NOTICE - Wheeler Real Estate Investment Trust Inc, #42 Exhibit 42 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Cedar Realty Trust Inc., #43 Exhibit 43 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Cedar Realty Trust Partnership LP, #44 Exhibit 44 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Eisenstat, Abe, #45 Exhibit 45 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Enright, Donald, #46 Exhibit 46 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Gonsalves, Gregg A, #47 Exhibit 47 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Kanner, Sabrina, #48 Exhibit 48 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Morris, Darcy D, #49 Exhibit 49 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Rogers, Steven G, #50 Exhibit 50 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Ross, Richard H, #51 Exhibit 51 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Schanzer, Bruce J, #52 Exhibit 52 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Stern, Sharon, #53 Exhibit 53 - Order for Mandatory Settlement - Pretrial Hearing - Track 4 - Wheeler Real Estate Investment Trust Inc, #54 Exhibit 54 - Scheduling Order - Cedar Realty Trust Inc., #55 Exhibit 55 - Scheduling Order - Cedar Realty Trust Partnership LP, #56 Exhibit 56 - Scheduling Order - Eisenstat, Abe, #57 Exhibit 57 - Scheduling Order - Enright, Donald, #58 Exhibit 58 - Scheduling Order - Gonsalves, Gregg A, #59 Exhibit 59 - Scheduling Order - Kanner, Sabrina, #60 Exhibit 60 - Scheduling Order - Morris, Darcy D, #61 Exhibit 61 - Scheduling Order - Rogers, Steven G, #62 Exhibit 62 - Scheduling Order - Ross, Richard H, #63 Exhibit 63 - Scheduling Order - Schanzer, Bruce J, #64 Exhibit 64 - Scheduling Order - Stern, Sharon, #65 Exhibit 65 - Scheduling Order - Wheeler Real Estate Investment Trust Inc., #66 Exhibit 66 - Motion for Expedited Discovery, #67 Exhibit 67 - Proposed Order to Motion for Expedited Discovery, #68 Exhibit 68 - Memorandum in Support of Motion for Expedited Discovery, #69 Exhibit 69 - Affidavit of D. Enright in Support of Plaintiffs' Motion for Expedited Discovery, #70 Exhibit 70 - Exhibit 1 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #71 Exhibit 71 - Exhibit 2 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #72 Exhibit 72 - Exhibit 3 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #73 Exhibit 73 - Exhibit 4 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #74 Exhibit 74 - Exhibit 5 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #75 Exhibit 75 - Exhibit 6 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #76 Exhibit 76 - Exhibit 7 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #77 Exhibit 77 - Exhibit 8 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #78 Exhibit 78 - Exhibit 9 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #79 Exhibit 79 - Exhibit 10 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #80 Exhibit 80 - Exhibit 11 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #81 Exhibit 81 - Exhibit 12 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #82 Exhibit 82 - Exhibit 13 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #83 Exhibit 83 - Exhibit 14 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #84 Exhibit 84 - Exhibit 15 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #85 Exhibit 85 - Exhibit 16 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #86 Exhibit 86 - Exhibit 17 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #87 Exhibit 87 - Exhibit 18 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #88 Exhibit 88 - Exhibit 19 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #89 Exhibit 89 - Exhibit 20 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #90 Exhibit 90 - Exhibit 21 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #91 Exhibit 91 - Exhibit 22 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #92 Exhibit 92 - Exhibit 23 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #93 Exhibit 93 - Exhibit 24 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #94 Exhibit 94 - Exhibit 25 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #95 Exhibit 95 - Exhibit 26 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #96 Exhibit 96 - Exhibit 27 to Affidavit of D. Enright ISO Plaintiffs' Motion to Extend Discovery, #97 Exhibit 97 - Motion to Assign Case to Business & Technology Program, #98 Exhibit 98 - Writ of Summons Served - Wheeler Real Estate Investment Trust, #99 Exhibit 99 - Affidavit of Service - Cedar Realty Trust, Inc., #100 Exhibit 100 - Affidavit of Service - Cedar Realty Trust, L.P., #101 Exhibit 101 - Affidavit of Service - Eisenstat, Abe, #102 Exhibit 102 - Affidavit of Service - Gonsalves, Gregg, #103 Exhibit 103 - Affidavit of Service - Kanner, Sabrina, #104 Exhibit 104 - Affidavit of Service - Morris, Darcy D, #105 Exhibit 105 - Affidavit of Service - Rogers, Steven G., #106 Exhibit 106 - Affidavit of Service - Ross, Richard H, #107 Exhibit 107 - Affidavit of Service - Schanzer, Bruce, #108 Exhibit 108 - Affidavit of Service - Stern, Sharon, #109 Exhibit 109 - Affidavit of Service - Wheeler Real Estate Investment Trust, #110 Exhibit 110 - Krulak Entry of Appearance, #111 Exhibit 111 - Chazen Entry of Appearance, #112 Exhibit 112 - McGinnis Entry of Appearance, #113 Exhibit 113 - Line Joining Plaintiffs' Motion to Assign Case to B&T Track, #114 Exhibit 114 - Thrope Entry of Appearance, #115 Exhibit 115 - Line Joining Plaintiffs' Motion to Assign Case to B and T Program, #116 Exhibit 116 - Amended Complaint, #117 Exhibit 117 - Exhibit A to Amended Complaint, #118 Exhibit 118 - Exhibit B to Amended Complaint, #119 Exhibit 119 - Highlighted Amended Complaint, #120 Exhibit 120 - Plaintiffs' Motion for Preliminary Injunction, #121 Exhibit 121 - Proposed Order for Plaintiffs' Motion for Preliminary Injunction, #122 Exhibit 122 - Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, #123 Exhibit 123 - Affidavit of J. Enright in Support of Plaintiffs' Motion for Preliminary Injunction, #124 Exhibit 124 - Exhibit 1 to Affidavit of J. Enright ISO Plaintiffs' Motion for Preliminary Injunction, #125 Exhibit 125 - Exhibit 2 to Affidavit of J. Enright ISO Plaintiffs' Motion for Preliminary Injunction, #126 Exhibit 126 - Exhibit 3 to Affidavit of J. Enright ISO Plaintiffs' Motion for Preliminary Injunction, #127 Exhibit 127 - Exhibit 4 to Affidavit of J. Enright ISO Plaintiffs' Motion for Preliminary Injunction, # |
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