TANGIBLE VALUE, LLC v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC. et al
Plaintiff: TANGIBLE VALUE, LLC
Defendant: TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC and RADCLIFF GROUP, LLC
Case Number: 3:2010cv01453
Filed: March 19, 2010
Court: US District Court for the District of New Jersey
Office: Trenton Office
Presiding Judge: Tonianne J Bongiovanni
Referring Judge: Michael A Shipp
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 20, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2015 Opinion or Order Filing 77 ORDER Dismissing Case without prejudice as settled. Signed by Judge Michael A. Shipp on 1/20/2015. (mmh)
January 20, 2015 Opinion or Order ***Civil Case Terminated. (mmh)
December 16, 2014 Opinion or Order Filing 76 LETTER ORDER confirming Settlement Conference set for 1/23/2015 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/15/2014. (mmh)
November 19, 2014 Opinion or Order Filing 75 MEMORANDUM OPINION and ORDER: Defendants Motion is GRANTED IN PART. As set forth above, the Court shall reduce the 423.2 hours requested by Defendants by 39.2 hours. Thus, the Court shall require Plaintiff to reimburse Defendants for 384.0 hours of work. Further, consistent with the specific rates delineated in this Memorandum Opinion, the disallowed 39.2 hours equates to a monetary reduction in the amount of $10,496.69 in the fees requested by Defendants. As a result, Defendants fee application shall be granted in the amount of $104,407.50. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/17/2014. (kas, )
October 16, 2014 Opinion or Order Set Hearing: Telephone Status Conference set for 10/23/2014 at 12:30 PM before Judge Michael A. Shipp. Counsel for Plaintiff shall initiate the call to (609) 989-2009. (NR )
May 28, 2014 Opinion or Order Filing 74 REPLY BRIEF to Opposition to Motion filed by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #70 MOTION for Attorney Fees (Attachments: #1 Certification of William H. Newman, Esq.)(MELZER, JASON)
May 28, 2014 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The Reply Memorandum of Law #73 filed by Jason Melzer, Esq. on 5/27/2014 was submitted incorrectly as a Response in Support of Motion. PLEASE RESUBMIT the Reply Memorandum USING the event REPLY BRIEF TO OPPOSITION TO MOTION found under Motions and Related Filings -> Responses and Replies. This submission will remain on the docket unless otherwise ordered by the court. (gxh)
May 27, 2014 Opinion or Order Filing 73 RESPONSE in Support filed by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #70 MOTION for Attorney Fees (Attachments: #1 Certification of William H. Newman)(MELZER, JASON)
May 5, 2014 Opinion or Order Filing 72 BRIEF in Opposition filed by TANGIBLE VALUE, LLC re #70 MOTION for Attorney Fees filed by Town Sports International Holdings, Inc. and Town Sports International, LLC (SHARLIN, H.)
April 17, 2014 Opinion or Order Re-Set Deadlines as to #70 MOTION for Attorney Fees. Motion re-set for 6/2/2014 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
April 16, 2014 Opinion or Order Filing 71 LETTER ORDER adjourning the #70 MOTION for Attorney Fees, to 6/2/2014; that Pltf's opposition is due by 5/5/2014; that Defts' Replies are due by 5/27/2014. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/16/2014. (gxh)
April 14, 2014 Opinion or Order Set Deadlines as to #70 MOTION for Attorney Fees. Motion set for 5/5/2014 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
April 11, 2014 Opinion or Order Filing 70 MOTION for Attorney Fees by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Certification of William H. Newman, Esq., #2 Exhibit A, #3 Exhibit B1, #4 Exhibit B2, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Text of Proposed Order /Judgment)(MELZER, JASON)
April 3, 2014 Opinion or Order Filing 69 LETTER OPINION AND ORDER ADOPTING #66 REPORT AND RECOMMENDATION that Defendant's motion for the Sanction of Dismissal be DENIED, and that Defendant's request for Attorney's Fees be GRANTED; that counsel shall submit a fee application to Judge Bongiovanni by 4/11/2014. Signed by Judge Michael A. Shipp on 4/2/2014. (gxh)
January 24, 2014 Opinion or Order Filing 68 TEXT ORDER: Dispositive Motion schedule to be reset following decision regarding Report and Recommendation [Docket Entry No. 66]. Ordered by Magistrate Judge Tonianne J. Bongiovanni
December 9, 2013 Opinion or Order Filing 67 TEXT ORDER - Fee application is deferred until decision of the pending Report and Recommendation is rendered. Ordered by Magistrate Judge Tonianne J. Bongiovanni. (mm)
November 22, 2013 Opinion or Order Filing 66 REPORT AND RECOMMENDATION. It is RECOMMENDED that Defendant's motion for the Sanction of Dismissal be DENIED; RECOMMENDED that Defendant's request for Attorney's Fees be GRANTED; Counsel shall submit its fee application to this Court by December 10, 2013; ORDERED that the Clerk of the Court administratively terminate Defendant's Motion for Contempt and Sanctions [Docket No. #60 ], pending the District Court's acceptance, rejection or modification of the instant Report and Recommendation; that the Clerk of the Court activate the instant Report and Recommendation. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/22/2013. (mmh)
July 22, 2013 Opinion or Order Filing 65 REPLY BRIEF to Opposition to Motion filed by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #60 MOTION to hold Plaintiff, Tangible Value, LLC IN CONTEMPT and imposing sanctions against Plaintiff (MELZER, JASON)
July 9, 2013 Opinion or Order Filing 64 Certification of Paul J. Maselli, Esquire on behalf of TANGIBLE VALUE, LLC Re #63 Brief in Opposition to Motion,. (Attachments: #1 Exhibit A - C)(SHARLIN, H.)
July 9, 2013 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The Certification attached to the Brief in Opposition to Motion #63 submitted by H. Sharlin, Esq. on 7/8/2013 contains an improper signature (s/Paul J. Maselli). Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (gxh)
July 8, 2013 Opinion or Order Filing 63 BRIEF in Opposition filed by TANGIBLE VALUE, LLC re #60 MOTION to hold Plaintiff, Tangible Value, LLC IN CONTEMPT and imposing sanctions against Plaintiff (Attachments: #1 Paul J. Maselli Certification, #2 Paul J. Maselli Certification Exhibits A - C)(SHARLIN, H.)
July 8, 2013 Opinion or Order Filing 62 NOTICE of Appearance by H. BENJAMIN SHARLIN on behalf of TANGIBLE VALUE, LLC (SHARLIN, H.)
July 1, 2013 Opinion or Order Filing 61 LETTER ORDER extending deadlines regarding the #60 MOTION to hold Plaintiff, Tangible Value, LLC IN CONTEMPT and imposing sanctions against Plaintiff; that Pltf's response is due by 7/8/2013; that Deft's reply is due by 7/22/2013. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/1/2013. (gxh)
June 27, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/27/2013. Plaintiff shall produce all outstanding documents no later than 7/22/13. (mm)
June 21, 2013 Opinion or Order Filing 60 MOTION to hold Plaintiff, Tangible Value, LLC IN CONTEMPT and imposing sanctions against Plaintiff by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Brief, #2 Declaration of William E. Newman, Esq,, #3 Exhibit A-F to William E. Newman, Esq.'s Declaration, #4 Exhibit G-N to William E. Newman, Esq.'s Declaration, #5 Exhibit O-S to William E. Newman, Esq.'s Declaration, #6 Text of Proposed Order, #7 Certificate of Service)(MELZER, JASON)
June 21, 2013 Opinion or Order Set Deadlines as to #60 MOTION to hold Plaintiff, Tangible Value, LLC IN CONTEMPT and imposing sanctions against Plaintiff. Motion set for 7/15/2013 before Judge Michael A. Shipp. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
May 21, 2013 Opinion or Order Filing 59 LETTER ORDER that Pltf may propound its certification regarding discovery by 5/24/2013; that Defts, if they deem it appropriate, may move to compel and/or for sanctions by 6/21/2013. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/21/2013. (gxh)
April 26, 2013 Opinion or Order Filing 58 SCHEDULING ORDER setting certain discovery deadlines; setting a Telephone Conference, which Pltf's counsel shall initiate, for 6/25/2013 at 3:00 PM before Magistrate Judge Tonianne J. Bongiovanni; that any motion to join new parties or amend the pleadings must be filed by 9/6/2013, and made returnable on 9/20/2013; that the parties will have until 7/8/2013, to conclude all fact discovery in this matter; that dispositive motions, if any, must be filed by 1/15/2014, and made returnable on 2/15/2014. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/25/2013. (gxh)
April 3, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/3/2013. Discovery schedule to be finalized after resolution of discovery issues. (mm)
February 7, 2013 Opinion or Order Filing 57 LETTER ORDER that Pltf shall produce all e-mails responsive to Deft's discovery demand by 2/28/2013; setting a Telephone Conference, which Pltf shall initiate, for 4/3/2013 at 12:00 PM before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/7/2013. (gxh)
February 7, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/7/2013. (mm)
October 10, 2012 Opinion or Order Filing 56 SCHEDULING ORDER setting expert report deadlines; that any motion to join new parties or amend the pleadings must be filed by 4/1/2013; that the parties will have until 2/28/2013, to conclude all fact discovery; that dispositive motions must be filed by 8/1/2013, and made returnable on 8/30/2013; setting a Telephone Conference, which Pltf's counsel shall initiate, for 2/7/2013 at 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/10/2012. (gxh)
October 1, 2012 Opinion or Order Filing 55 MEMORANDUM OPINION AND ORDER denying #50 Motion to Disqualify Paul Maselli as well as his entire law firm Maselli, Warren, P.C. from representing Tangible Value, LLC. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/1/2012. (gxh)
September 7, 2012 Opinion or Order Filing 54 LETTER ORDER that discovery in this matter is hereby stayed pending the Court's ruling on the Motion for Disqualification (Docket Entry No. #50 ). Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/7/2012. (gxh)
July 31, 2012 Opinion or Order Filing 53 ORDER REASSIGNING CASE - Case reassigned to Judge Michael A. Shipp for all further proceedings. Judge Joel A. Pisano no longer assigned to case. Signed by Chief Judge Jerome B. Simandle on 7/27/2012. (jjc)
June 25, 2012 Opinion or Order Filing 52 REPLY BRIEF to Opposition to Motion filed by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #50 MOTION to Disqualify Counsel Pursuant to Rule of Professional Conduct 3.7 (MELZER, JASON)
June 17, 2012 Opinion or Order Filing 51 BRIEF in Opposition filed by TANGIBLE VALUE, LLC re #50 MOTION to Disqualify Counsel Pursuant to Rule of Professional Conduct 3.7 (MASELLI, PAUL)
May 30, 2012 Opinion or Order Set Deadlines as to #50 MOTION to Disqualify Counsel Pursuant to Rule of Professional Conduct 3.7. Motion set for 7/2/2012 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
May 29, 2012 Opinion or Order Filing 50 MOTION to Disqualify Counsel Pursuant to Rule of Professional Conduct 3.7 by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Brief in Support of Motion to Disqualify Counsel, #2 Declaration of Jordan E. Stern in Support of Motion to Disqualify, #3 Exhibit A-E to Declaration of Jordan E. Stern, #4 Text of Proposed Order, #5 Certificate of Service)(MELZER, JASON)
May 4, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 5/4/2012. (mm)
April 19, 2012 Opinion or Order Filing 49 TEXT ORDER - Telephone Conference set for April 30, 2012, is hereby RESCHEDULED to May 4, 2012 at 11:30 AM before Magistrate Judge Tonianne J. Bongiovanni. It shall be plaintiffs responsibility to contact all counsel to set up the conference as well as to initiate the call. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Tonianne J. Bongiovanni. (mm)
March 1, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/1/2012. Status Telephone Conference set for 4/30/2012 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
February 3, 2012 Opinion or Order Minute Entry for proceedings held before Judge Joel A. Pisano: In-Person Status Conference re Case Management held on 2/3/2012. (DS)
January 24, 2012 Opinion or Order Reset Hearing: In-Person Status Conference set for 2/3/2012 at 11:00 AM in Trenton - Courtroom 1 before Judge Joel A. Pisano. Matter confirmed. (DS)
January 23, 2012 Opinion or Order Filing 48 Letter from Jason R. Melzer, Esq. re Set/Reset Hearings. (MELZER, JASON)
January 20, 2012 Opinion or Order Filing 47 Letter from Paul Maselli. (MASELLI, PAUL)
January 20, 2012 Opinion or Order Filing 46 Letter from Jason R. Melzer, Esq. re Set/Reset Hearings. (MELZER, JASON)
January 19, 2012 Opinion or Order ATTENTION COUNSEL: An in-person status conference has been set for 2/1/2012 at 11:00 AM in Trenton - Courtroom 1 before Judge Joel A. Pisano. Please confirm receipt of court notice by letter (e-file) no later than 1/20/2012 by 12:00 p.m. (DS)
November 14, 2011 Opinion or Order Filing 45 SCHEDULING ORDER amending the Scheduling Order dated 5/9/2011; that dispositive motions, if any, must be filed by 2/13/2013, and made returnable on 3/18/2013; setting a Telephone Conference, which Pltf's counsel shall initiate, for 3/1/2012 at 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni; that the parties will have until 9/5/2012, to conclude all fact discovery. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/14/2011. (gxh)
November 14, 2011 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The Text of Proposed Order #44 incorrectly submitted by P. Maselli, Esq. on 11/11/2011 as a Joint Discovery Plan must be executed by a Judicial Officer before filing (and should not be s/ed with the Judge's name on the signature line by counsel). Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice as found on our website. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. **The Clerk will forward the proposed order to Chambers. (gxh)
November 11, 2011 Opinion or Order Filing 44 Joint Discovery Plan by TANGIBLE VALUE, LLC.(MASELLI, PAUL)
November 4, 2011 Opinion or Order Filing 43 NOTICE of Appearance by PAUL J. MASELLI on behalf of TANGIBLE VALUE, LLC (MASELLI, PAUL)
October 20, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/20/2011. (mm)
August 11, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Status Telephone Conference held on 8/11/2011. Status Telephone Conference set for 10/20/2011 at 3:00 P.M. before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff shall initiate the Telephone Conference. (kak)
May 9, 2011 Opinion or Order Filing 42 SCHEDULING ORDER setting certain discovery deadlines; setting a Telephone Conference, which Pltf's counsel shall initiate, for 8/11/2011 at 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni; Fact Discovery due by 9/5/2012. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/9/2011. (gxh)
May 9, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 5/9/2011. (mm)
April 19, 2011 Opinion or Order Filing 41 Notice of Request by Pro Hac Vice William H. Newman, Esq. to receive Notices of Electronic Filings. (MELZER, JASON)
April 14, 2011 Opinion or Order Filing 40 ANSWER to Counterclaim of Town Sports International, LLC by TANGIBLE VALUE, LLC.(HOFFMAN, MICHAEL)
March 29, 2011 Opinion or Order Filing 39 ORDER SCHEDULING CONFERENCE: Initial Conference set for 5/9/2011 at 02:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/29/2011. (gxh)
March 29, 2011 Opinion or Order Filing 38 DEMAND for Trial by Jury by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (MELZER, JASON)
March 28, 2011 Opinion or Order Filing 37 ANSWER to Amended Complaint, COUNTERCLAIM against TANGIBLE VALUE, LLC by TOWN SPORTS INTERNATIONAL, LLC, TOWN SPORTS INTERNATIONAL HOLDINGS, INC..(MELZER, JASON)
February 28, 2011 Opinion or Order Filing 36 ORDER granting #22 Radcliff's Motion to Dismiss for Lack of Jurisdiction; that #23 Town Sports' Motion to Dismiss is GRANTED as to Counts V and VI and DENIED in all other respects. Signed by Judge Joel A. Pisano on 2/28/2011. (gxh)
February 28, 2011 Opinion or Order Filing 35 OPINION. Signed by Judge Joel A. Pisano on 2/28/2011. (gxh)
October 12, 2010 Opinion or Order Filing 34 CERTIFICATE OF SERVICE by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #33 Brief in Support of Motion, (MELZER, JASON)
October 12, 2010 Opinion or Order Filing 33 BRIEF in Support re #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) filed by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (MELZER, JASON)
October 11, 2010 Opinion or Order Filing 32 REPLY to Response to Motion re #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) filed by RADCLIFF GROUP, LLC. (KOBUS, THEODORE)
September 7, 2010 Opinion or Order Filing 31 AFFIDAVIT in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) filed by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
September 7, 2010 Opinion or Order Filing 30 BRIEF in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) filed by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
September 7, 2010 Opinion or Order Filing 29 BRIEF in Opposition re #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) filed by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
September 7, 2010 Opinion or Order Filing 28 STIPULATION AND ORDER that Defts' reply to any opposition to the pending motions to dismiss shall be served and filed by 10/12/2010; adjourning the return date for Defts' motions to dismiss the complaint to 10/18/2010; that Pltf's opposition to the pending motions to dismiss shall remain 9/7/2010. Signed by Judge Joel A. Pisano on 9/7/2010. (gxh)
September 7, 2010 Opinion or Order Re-Set Deadlines as to #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6), #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b). Motions re-set for 10/18/2010 before Judge Joel A. Pisano. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
September 3, 2010 Opinion or Order Filing 27 STIPULATION re #26 Rule 7.1 Letter, #25 Rule 7.1 Letter, #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6), #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) / STIPULATION OF ADJOURNMENT filed by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (MELZER, JASON)
August 20, 2010 Opinion or Order Re-Set Deadlines as to #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6), #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b). Motion re-set for 9/20/2010 before Judge Joel A. Pisano. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
August 19, 2010 Opinion or Order Filing 26 Rule 7.1 Letter for extension of return date re #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) filed by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
August 19, 2010 Opinion or Order Filing 25 Rule 7.1 Letter for extension of return date re #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) filed by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
July 27, 2010 Opinion or Order Filing 24 CERTIFICATE OF SERVICE by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) (MELZER, JASON)
July 27, 2010 Opinion or Order Set Deadlines as to #23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6), #22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b). Motion set for 9/7/2010 before Judge Joel A. Pisano. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
July 26, 2010 Opinion or Order Filing 23 MOTION to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 9(B) and 12(B)(6) by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Brief in Support of Defendants' Motion to Dismiss the Amended Complaint, #2 Declaration of Jordan E. Stern, Esq. in Support of the Motion to Dismiss the Amended Complaint, #3 Declaration of Daniel Gallagher in Support of the Motion to Dismiss the Amended Complaint, #4 Text of Proposed Order)(MELZER, JASON)
July 26, 2010 Opinion or Order Filing 22 MOTION to Dismiss for Lack of Jurisdiction and/or Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 9(b) by RADCLIFF GROUP, LLC. Responses due by 8/23/2010 (Attachments: #1 Certification of Counsel, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Brief in Support of Motion to Dismiss First Amended Complaint)(KOBUS, THEODORE)
July 9, 2010 Opinion or Order Filing 21 ORDER granting #19 Motion for Leave to Appear Pro Hac Vice as to William H. Newman, Esq. on behalf of Defts Town Sports. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/8/2010. (gxh)
June 25, 2010 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #19 MOTION for Leave to Appear Pro Hac Vice (MELZER, JASON)
June 23, 2010 Opinion or Order Pro Hac Vice fee received for William H. Newman, Esq.: $150, receipt number TRE002934 (mmh)
June 22, 2010 Opinion or Order Filing 19 MOTION for Leave to Appear Pro Hac Vice by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Certification of William H. Newman, Esq., #2 Exhibit A to Newman Certification, #3 Certification of Jason R. Melzer, Esq., #4 Text of Proposed Order)(MELZER, JASON)
June 22, 2010 Opinion or Order Set Deadlines as to #19 MOTION for Leave to Appear Pro Hac Vice. Motion set for 7/19/2010 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
June 16, 2010 Opinion or Order Filing 18 STIPULATION AND CONSENT ORDER finding as moot #5 Defts' Motion to Dismiss for Lack of Jurisdiction; finding as moot #7 Defts' Motion to Dismiss; that Pltf has no obligation to file an opposition to the motions to dismiss; that Defts must answer or otherwise respond to the first amended complaint of Pltf by 7/26/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/16/2010. (gxh)
June 11, 2010 Opinion or Order Filing 17 Notice of Request by Pro Hac Vice Zeb Landsman, Esq. to receive Notices of Electronic Filings. (MELZER, JASON)
June 11, 2010 Opinion or Order Filing 16 Notice of Request by Pro Hac Vice Jordan E. Stern, Esq. to receive Notices of Electronic Filings. (MELZER, JASON)
June 11, 2010 Opinion or Order Filing 15 AMENDED COMPLAINT against RADCLIFF GROUP, LLC, TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC, filed by TANGIBLE VALUE, LLC.(HOFFMAN, MICHAEL)
June 2, 2010 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The Rule 7.1 Letters #13 and #14 filed by M. Hoffman, Esq. on 6/1/2010 were submitted incorrectly as Application/Petition. FOR FUTURE REFERENCE, the correct event is RULE 7.1 LETTER found under MOTIONS AND RELATED FILINGS -> RESPONSES AND REPLIES. This submission will remain on the docket unless otherwise ordered by the court. (gxh)
June 2, 2010 Opinion or Order Re-Set Deadlines as to #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction, #5 MOTION to Dismiss for Lack of Jurisdiction and/or for Failuire to State a Claim Upon Which Relief Can be Granted. Motion re-set for 7/6/2010 before Judge Joel A. Pisano. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
June 1, 2010 Opinion or Order Filing 14 APPLICATION/PETITION for Automatic Extension L.Civ.R.7.1(d)(5) for by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
June 1, 2010 Opinion or Order Filing 13 APPLICATION/PETITION for Automatic Extension L.Civ.R.7.1(d)(5) for by TANGIBLE VALUE, LLC. (HOFFMAN, MICHAEL)
May 27, 2010 Opinion or Order Pro Hac Vice fee received for Jordan E. Stern, Esq. and Zeb Landsman, Esq.: $ 300, receipt number TRE002280. (mmh)
May 26, 2010 Opinion or Order Filing 12 CERTIFICATE OF SERVICE by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #9 Corporate Disclosure Statement, #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction, #8 Corporate Disclosure Statement (MELZER, JASON)
May 26, 2010 Opinion or Order Filing 11 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice as to Jordan E. Stern, Esq. and Zeb Landsman, Esq. on behalf of Defts TSI. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/26/2010. (gxh)
May 25, 2010 Opinion or Order Set Deadlines as to #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. Motion set for 6/21/2010 before Judge Joel A. Pisano. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
May 24, 2010 Opinion or Order Filing 10 Corporate Disclosure Statement by RADCLIFF GROUP, LLC. (KOBUS, THEODORE)
May 24, 2010 Opinion or Order Filing 9 Corporate Disclosure Statement by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (MELZER, JASON)
May 24, 2010 Opinion or Order Filing 8 Corporate Disclosure Statement by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (MELZER, JASON)
May 24, 2010 Opinion or Order Filing 7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, Fed. R. Civ. P. 9(b) dismissing the fraud claims and Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Declaration of Daniel Gallagher in Support, #2 Brief of Town Sports International Holdings, Inc. and Town Sports International, LLC in Support of Their Motion to Dismiss, #3 Text of Proposed Order)(MELZER, JASON)
May 24, 2010 Opinion or Order Filing 6 CERTIFICATE OF SERVICE by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC re #4 MOTION for Leave to Appear Pro Hac Vice (MELZER, JASON)
May 21, 2010 Opinion or Order Filing 5 MOTION to Dismiss for Lack of Jurisdiction and/or for Failuire to State a Claim Upon Which Relief Can be Granted by RADCLIFF GROUP, LLC. Responses due by 6/7/2010 (Attachments: #1 Certification Certification of Counsel, #2 Text of Proposed Order, #3 Exhibit Exhibit "A" (Declaration), #4 Brief Brief in Support of Motion to Dismiss)(KOBUS, THEODORE)
May 21, 2010 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice by TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC. (Attachments: #1 Certification of Jason R. Melzer, Esq., #2 Certification of Jordan E. Stern, Esq., #3 Exhibit A to Stern Certification, #4 Certification of Zeb Landsman, Esq., #5 Exhibit A to Landsman Certification, #6 Text of Proposed Order)(MELZER, JASON)
May 21, 2010 Opinion or Order Set Deadlines as to #4 MOTION for Leave to Appear Pro Hac Vice. Motion set for 6/21/2010 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
May 21, 2010 Opinion or Order Set Deadlines as to #5 MOTION to Dismiss for Lack of Jurisdiction and/or for Failuire to State a Claim Upon Which Relief Can be Granted. Motion set for 6/21/2010 before Judge Joel A. Pisano. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)
March 24, 2010 Opinion or Order Filing 3 SUMMONS ISSUED as to RADCLIFF GROUP, LLC, TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Kim Korchick* (kak)
March 22, 2010 Opinion or Order CASE REFERRED to Arbitration. (kak, )
March 19, 2010 Opinion or Order Filing 2 Corporate Disclosure Statement by TANGIBLE VALUE, LLC. (kak)
March 19, 2010 Opinion or Order Filing 1 COMPLAINT against RADCLIFF GROUP, LLC, TOWN SPORTS INTERNATIONAL HOLDINGS, INC., TOWN SPORTS INTERNATIONAL, LLC ( Filing fee $ 350 receipt number 0312-3020030.) JURY DEMAND., filed by TANGIBLE VALUE, LLC. (Attachments: #1 Civil Cover Sheet)(kak)

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Plaintiff: TANGIBLE VALUE, LLC
Represented By: H. BENJAMIN SHARLIN
Represented By: PAUL J. MASELLI
Represented By: MICHAEL W. HOFFMAN
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Defendant: TOWN SPORTS INTERNATIONAL HOLDINGS, INC.
Represented By: JASON R. MELZER
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Defendant: TOWN SPORTS INTERNATIONAL, LLC
Represented By: JASON R. MELZER
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Defendant: RADCLIFF GROUP, LLC
Represented By: THEODORE JOSEPH KOBUS, III
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