Mortimer Off Shore Ltd. et al v. Federal Republic of Germany et al
| Mortimer Off Shore Ltd. and Ronnie Fulwood |
| Federal Republic of Germany, Norddeutsche Landesbank Girozentrale, HSH Nordbank AG, WestLB AG, Helaba Landesbank Hessen-Thueringen and LBBW Landesbank Baden-Wuerttemberg |
| 1:2010cv11551 |
| September 10, 2010 |
| US District Court for the District of Massachusetts |
| Boston Office |
| XX Outside US |
| Rya W Zobel |
| Negotiable Instrument |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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| Filing 57 MANDATE of USCA as to #46 Notice of Appeal filed by Ronnie Fulwood. Appeal #46 Terminated (Paine, Matthew) |
| Filing 56 USCA Judgment as to #46 Notice of Appeal filed by Ronnie Fulwood. The district court's dismissal of Ronnie Fulwood's claims is affirmed, and cost are awarded to the appellees. (Paine, Matthew) |
| Filing 55 OPINION of USCA as to #46 Notice of Appeal filed by Ronnie Fulwood. AFFIRMED (Paine, Matthew) |
| Filing 54 MANDATE of USCA as to #41 Notice of Appeal, filed by Mortimer Off Shore Ltd. Appeal #41 Terminated. Mandate issued in the USCA 2/27/2013 (Ramos, Jeanette) |
| Filing 53 USCA Judgment as to #41 Notice of Appeal, filed by Mortimer Off Shore Ltd. Appellant having failed to file a timely response, it is hereby ordered that the above-captioned case be dismissed. Nothing in this judgment shall be construed to effect appeal no. 12-2143, which remaind pending. Judgment issued in the USCA 2/5/2013 (Ramos, Jeanette) |
| Filing 52 Supplemental Record on Appeal transmitted to US Court of Appeals re #41 Notice of Appeal, #46 Notice of Appeal, Documents included: Judgment (Ramos, Jeanette) |
| Filing 51 Judge Rya W. Zobel: ORDER entered. JUDGMENT entered for defendants.(Urso, Lisa) |
| Filing 50 Proposed Document(s) submitted by Federal Republic of Germany, HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG. Document received: Proposed Judgment. (Fray-Witzer, Evan) |
| Filing 49 Set/Reset Deadlines: Proposed Judgment due by 10/17/2012 (Urso, Lisa) |
| Filing 48 USCA Case Number 12-1243 for #46 Notice of Appeal, filed by Ronnie Fulwood. (Ramos, Jeanette) |
| Filing 47 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #46 Notice of Appeal, (Ramos, Jeanette) |
| Filing 46 NOTICE OF APPEAL as to #45 Order, #39 Order on Motion for Leave to File, Order on Motion to Dismiss,,,,,,, by Ronnie Fulwood Filing fee: $ 455, receipt number 0101-4123677 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 10/10/2012. (Genecin, Victor) |
| Filing 45 Judge Rya W. Zobel: ORDER entered. Defendant Federal Republic of Germany's motion to dismiss #23 is allowed for lack of subject matter jurisdiction as to plaintiff Fulwood's claims to the East German bonds. (Urso, Lisa) |
| Filing 44 Supplemental MEMORANDUM in Opposition re #23 MOTION to Dismiss Plaintiff Fulwoods Supplemental Brief Concerning Subject Matter Jurisdiction Pursuant to the Court's Request for Briefing filed by Ronnie Fulwood. (Genecin, Victor) |
| Filing 43 Supplemental MEMORANDUM in Support re #23 MOTION to Dismiss Pursuant to Court's Request For Briefing filed by Federal Republic of Germany. (Attachments: #1 Exhibit German Federal Gazette)(Fray-Witzer, Evan) |
| Filing 42 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #41 Notice of Appeal, (Ramos, Jeanette) |
| Filing 41 NOTICE OF APPEAL as to #39 Order on Motion for Leave to File, Order on Motion to Dismiss,,,,,,, by Mortimer Off Shore Ltd. Filing fee: $ 455, receipt number 0101-3917899 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 5/16/2012. (Genecin, Victor) |
| USCA Case Number 12-1509 for #41 Notice of Appeal, filed by Mortimer Off Shore Ltd. (Ramos, Jeanette) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #40 Motion for Extension of Time to File; FRG 4/27/12; Fulwood's 5/16/12; (Urso, Lisa) |
| Filing 40 Assented to MOTION for Extension of Time to April 27, 2012 to File Supplemental Briefing by Federal Republic of Germany.(Fray-Witzer, Evan) |
| Filing 39 Judge Rya W. Zobel: MEMORANDUM OF DECISION entered denying #36 Motion for Leave to File Document ; granting #12 Motion to Dismiss; granting #23 Motion to Dismiss as to plaintiff Mortimer, Allowed as to plaintiff Fulwood's claims to the West German bonds, and DEFERRED as to Fulwood's claims to the East German bonds, pending supplemental briefing by the FRG; FRG brief due 4/13/12; Fulwood's opposition 4/30/12, neither to exceed 15 pages; (Urso, Lisa) Modified on 3/30/2012 (Johnson, Jay). |
| Filing 38 Opposition re #36 MOTION for Leave to File /Plaintiffs' Motion for Leave to Supplement the Record on Their Oppositions to Defendants' Motion to Dismiss filed by Federal Republic of Germany, HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG. (Attachments: #1 Exhibit Guide to the Foreign Bondholders Protective Council Records)(Fray-Witzer, Evan) |
| Filing 37 AFFIDAVIT in Support re #36 MOTION for Leave to File /Plaintiffs' Motion for Leave to Supplement the Record on Their Oppositions to Defendants' Motion to Dismiss /Supplemental Declaration of Dieter K. Braun filed by Ronnie Fulwood, Mortimer Off Shore Ltd.. (Attachments: #1 Exhibit Indenture Date June 1, 1928)(Genecin, Victor) |
| Filing 36 MOTION for Leave to File /Plaintiffs' Motion for Leave to Supplement the Record on Their Oppositions to Defendants' Motion to Dismiss by Ronnie Fulwood, Mortimer Off Shore Ltd..(Genecin, Victor) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #35 Motion for Leave to Appear Pro Hac Vice Added Peder Garske. Attorneys admitted Pro Hac Vice must register for electronic filing. Peder Garske Filing fee: $ 50, receipt number 0101-3523484 by Ronnie Fulwood, Mortimer Off Shore Ltd. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Johnson, Jay) |
| Filing 35 AMENDED MOTION for Leave to Appear Pro Hac Vice for admission of Peder Garske by Ronnie Fulwood, Mortimer Off Shore Ltd..(Johnson, Jay) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered denying #26 Motion for Leave to Appear Pro Hac Vice,as no address has been provided for counsel seeking admission. (Johnson, Jay) |
| Filing 34 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
| Filing 33 Transcript of Motion Hearing held on September 21, 2011, before Judge Rya W. Zobel. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 11/1/2011. Redacted Transcript Deadline set for 11/14/2011. Release of Transcript Restriction set for 1/9/2012. (Scalfani, Deborah) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #31 Motion for Leave to Appear Pro Hac Vice Added Jeffrey Harris and Max Riederer von Parr. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Johnson, Jay) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Motion Hearing held on 9/21/2011 re #12 MOTION to Dismiss filed by HSH Nordbank AG, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG, Helaba Landesbank Hessen-Thueringen, #23 MOTION to Dismiss filed by Federal Republic of Germany. Judge hears counsel and takes motions under advisement; (Court Reporter: Catherine Handel at 617-261-0555.)(Attorneys present: various) (Urso, Lisa) |
| Filing 32 SUR-REPLY to Motion re #23 MOTION to Dismiss filed by Ronnie Fulwood, Mortimer Off Shore Ltd.. (Genecin, Victor) |
| Filing 31 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey Harris and Max Riederer von Paar Filing fee: $ 100, receipt number 0101-3562264 by Federal Republic of Germany, HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG. (Attachments: #1 Exhibit Riederer Certificate, #2 Exhibit Harris Certificate)(Fray-Witzer, Evan) |
| Filing 30 REPLY to Response to #23 MOTION to Dismiss filed by Federal Republic of Germany. (Attachments: #1 Exhibit Wagner Corporate Records, #2 Exhibit Consult & Trading Corporate Records)(Fray-Witzer, Evan) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #27 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Urso, Lisa) |
| Filing 29 Assented to MOTION for Leave to File Sur-Reply in Support of Plaintiffs' Opposition to Defendant Germanys Motion to Dismiss and for Request that this Court Set a Briefing Schedule by Ronnie Fulwood, Mortimer Off Shore Ltd..(Genecin, Victor) |
| Filing 28 Joint MOTION to Continue Hearing Date to Sept. 20, 21, or 22 by Federal Republic of Germany, HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG.(Fray-Witzer, Evan) |
| Set/Reset Deadlines as to #23 MOTION to Dismiss, #12 MOTION to Dismiss. Motion Hearing REset for 9/21/2011 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #28 Motion to Continue; motion hearing reset for 9/21/11 at 2:30 p.m. (Urso, Lisa) |
| Filing 27 Assented to MOTION for Leave to File Reply Brief to Opposition to Motion to Dismiss by Federal Republic of Germany.(Fray-Witzer, Evan) |
| Filing 26 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Peder Garske Filing fee: $ 50, receipt number 0101-3523484 by Ronnie Fulwood, Mortimer Off Shore Ltd..(Genecin, Victor) |
| ELECTRONIC NOTICE Setting Hearing on Motion #23 MOTION to Dismiss, #12 MOTION to Dismiss : Motion Hearing set for 8/16/2011 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) |
| Filing 25 MEMORANDUM in Opposition re #23 MOTION to Dismiss filed by Ronnie Fulwood, Mortimer Off Shore Ltd.. (Attachments: #1 Exhibit A: Declaration of Sami Zayat, #2 Exhibit B: Declaration of Dieter Braun)(Genecin, Victor) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss filed by Federal Republic of Germany. (Fray-Witzer, Evan) |
| Filing 23 MOTION to Dismiss by Federal Republic of Germany.(Fray-Witzer, Evan) |
| Filing 22 Notice of Supplemental Authorities re #12 MOTION to Dismiss filed by Mortimer Off Shore Ltd.. (Attachments: #1 Exhibit -- Exhibit A)(Genecin, Victor) |
| Filing 21 Letter/request (non-motion) from Office of Policy Review and Inter-Agency Liaison w/attachments. (Johnson, Jay) |
| Filing 20 REPLY to Response to #12 MOTION to Dismiss filed by HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG. (Attachments: #1 Exhibit Summary Judgment Order in World Holdings, #2 Exhibit Mortimer Petition for Rehearing, #3 Exhibit Order Denying Rehearing)(Fray-Witzer, Evan) |
| Filing 19 Assented to MOTION for Leave to File Reply Memorandum by HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG.(Fray-Witzer, Evan) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #19 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Urso, Lisa) |
| Filing 18 MEMORANDUM in Opposition re #12 MOTION to Dismiss, #17 Assented to MOTION for Leave to File Excess Pages filed by Mortimer Off Shore Ltd.. (Attachments: #1 Exhibit A to Memorandum in Opposition, #2 Exhibit B to Memorandum in Opposition)(Genecin, Victor) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #11 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #17 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Urso, Lisa) |
| Filing 17 Assented to MOTION for Leave to File Excess Pages by Ronnie Fulwood, Mortimer Off Shore Ltd..(Genecin, Victor) |
| Filing 16 NOTICE of Withdrawal of Appearance by Mark I. Bailen and John R. Fornaciari (Bailen, Mark) |
| Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #15 Motion for Extension of Time to File Response/Reply re #12 MOTION to Dismiss Responses due by 5/2/2011 (Urso, Lisa) |
| Filing 15 Assented to MOTION for Extension of Time to May 2, 2011 to File Response/Reply as to #12 MOTION to Dismiss by Ronnie Fulwood, Mortimer Off Shore Ltd..(Genecin, Victor) |
| Filing 14 NOTICE of Appearance by Victor Genecin on behalf of Ronnie Fulwood, Mortimer Off Shore Ltd. (Genecin, Victor) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss filed by HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG. (Attachments: #1 Exhibit Validation Law, #2 Exhibit 1953 Treaty, #3 Exhibit Mortimer's NY Opposition, #4 Exhibit Lang Declaration, #5 Exhibit Fulwood Florida Complaint, #6 Exhibit Presiden't Message, #7 Exhibit German Federal Gazette, #8 Exhibit Feb 1953 Treaty and Implementing Ordinance)(Fray-Witzer, Evan) |
| Filing 12 MOTION to Dismiss by HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG.(Fray-Witzer, Evan) |
| Filing 11 MOTION for Leave to File Memorandum of Law In Excess of Twenty Pages by HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG.(Fray-Witzer, Evan) |
| Filing 10 NOTICE of Appearance by Evan M. Fray-Witzer on behalf of HSH Nordbank AG, Helaba Landesbank Hessen-Thueringen, LBBW Landesbank Baden-Wuerttemberg, Norddeutsche Landesbank Girozentrale, WestLB AG (Fray-Witzer, Evan) |
| Filing 9 Letter/request (non-motion) from Lisa Urso to Mr. Betancourt re; service. (Urso, Lisa) |
| Filing 8 NOTICE re Service on Federal Republic of Germany. (Attachments: #1 Attachments)(Johnson, Jay) |
| Filing 7 NOTICE by Ronnie Fulwood, Mortimer Off Shore Ltd. Of Attorney Withdrawal And Substitution Of Attorney Of Record (Bailen, Mark) |
| Filing 6 Letter/request (non-motion) from William P. Fritzlen (United States Department of State). (Johnson, Jay) |
| Judge Rya W. Zobel: ENDORSED ORDER entered granting #5 Motion for Extension of Time (Urso, Lisa) |
| Filing 5 Ex Parte MOTION for Extension of Time to 04/11/2011 to Serve Defendants and for Service by Clerk on Foreign Sovereign by Ronnie Fulwood, Mortimer Off Shore Ltd.. (Attachments: #1 Exhibit Letter Refusing Service, #2 Exhibit Documents For Service)(Bailen, Mark) |
| Filing 4 NOTICE of Appearance by Mark I. Bailen on behalf of Ronnie Fulwood, Mortimer Off Shore Ltd. (Bailen, Mark) (Main Document 4 replaced on 1/7/2011) (Johnson, Jay). |
| Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) |
| ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Chief Magistrate Judge Judith G. Dein. (Cummings, Mary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Mortimer Off Shore Ltd.. (Fornaciari, John) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-3061421 (Fee Status: Filing Fee paid), filed by Ronnie Fulwood, Mortimer Off Shore Ltd.. (Attachments: #1 Civil Cover Sheet, #2 Supplement Category Form)(Fornaciari, John) |
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