Rayo et al v. Vitale et al
| I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater, Otto J. Vitale, et al, Ptr and O.J. Vitale Ptr doing business as 69 W 9th St., NYC |
| Otto J. Vitale, Steven G. Vitale, Adam Horvit and Simmons and Miller |
| 1:2009cv00846 |
| February 27, 2009 |
| US District Court for the Eastern District of New York |
| Racketeer/Corrupt Organization Office |
| Kings |
| Steven M Gold |
| Sterling Johnson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2011. A more recent docket listing may be available from PACER.
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| Filing 72 CLERK'S JUDGMENT; Ordered and adjudged that Plaintiff's take nothing of the Defendants; that Defendant's motion to dismiss the Amended Complaint is granted; and that Plaintiff's motion to amend the Amended Complaint is denied. ( See attached). Ordered by Clerk of Court on 9/26/2011. (Rocco, Christine) |
Filing 71
ORDER denying #23 Motion to Amend/Correct/Supplement. (See attached for details).Forwarded for Judgment. Ordered by Senior Judge Sterling Johnson, Jr on 9/23/2011. (Rocco, Christine)
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| Filing 70 Letter in Response to Defendants' Appeal of Magistrate Judge Decision to District Court dated September 14, 2011 by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater (Cappello, Thomas) |
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ORDER re #68 Letter filed by Otto J. Vitale, Simmons and Miller, Steven G. Vitale, Adam Horvit. Defendants seek to adjourn the date to produce certain bank documents to September 23, 2011. In light of the adjournment of the deposition of Otto Vitale pending further order of the court, there will be no prejudice to plaintiffs as a result. Accordingly, defendants' application to produce the bank records by September 23 is GRANTED. Ordered by Chief Magistrate Steven M. Gold on 9/19/2011. (Gold, Steven)
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| Filing 69 REPLY in Opposition to Defendants' Letter dated September 14, 2011 requesting adjournment of Court Ordered Discovery Deadlines filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Cappello, Thomas) |
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ORDER re #69 , #68 : The deposition previously scheduled for September 20, 2011 is adjourned without date, pending further Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/16/2011. (O'Connor, Erin)
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ORDER re #68 Letter filed by Otto J. Vitale, Simmons and Miller, Steven G. Vitale, Adam Horvit: Plaintiff is directed to submit any response no later than 12:00 p.m., September 16, 2011. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/15/2011. (Vasquez, Lea)
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| Filing 68 Letter by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Buzzetta, Danilo) |
| Filing 67 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Buzzetta, Danilo) |
| Filing 66 TRANSCRIPT of Proceedings held on 9/12/11, before Judge Gold. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2011. Redacted Transcript Deadline set for 10/14/2011. Release of Transcript Restriction set for 12/12/2011. (Hong, Loan) |
| Minute Entry for Motion Hearing held on 9/12/2011 before Chief Magistrate Steven M. Gold re #65 Letter MOTION for Discovery filed by I. Peter Rayo, Herbert J. Slater, Mark Rayo, Robert A. Sgarlato, #64 Letter MOTION for Discovery filed by Otto J. Vitale, Simmons and Miller, Steven G. Vitale, Adam Horvit: Sgarlata for plaintifs, Buzzetta and Camarata for defendants: Defendants' application to stay discovery is denied for reasons stated on the record. The deposition of Otto Vitale will proceed on September 20. Defendants shall provide the bank documents described during today's proceeding no later than September 16. Counsel shall submit a letter setting forth agreed-upon dates for the four remaining depositions by September 21, which the court will then order to proceed on those dates. The conference previously set for October 20 will proceed as scheduled absent further application to the Court. (Tape #ftr 10:04-10:18; 10:25-10:40.) (Vasquez, Lea) |
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ORDER granting in part and denying in part #64 Motion for Discovery; granting in part and denying in part #65 Motion for Discovery, for the reasons stated on the record during today's proceedings. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/12/2011. (O'Connor, Erin)
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ORDER deferring ruling on #64 Motion for Discovery; deferring ruling on #65 Motion for Discovery: An in-person conference will be held at 10:00 a.m. on September 12, 2011. Counsel for both parties must personally appear. The pending discovery motions will be discussed at that time. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/7/2011. (Vasquez, Lea)
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| Filing 65 Letter MOTION for Discovery by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Exhibit 1) (Cappello, Thomas) |
| Filing 64 Letter MOTION for Discovery by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
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ORDER granting #62 Motion for Pre Motion Conference. Ordered by Senior Judge Sterling Johnson, Jr. on 8/25/2011. (Henry, Marcia)
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| Set/Reset Hearings: Pre-motion Conference set for 9/28/2011 09:30 AM in Courtroom 6B South before Senior Judge Sterling Johnson, Jr. (Henry, Marcia) |
| Filing 63 Letter Responding to Plaintiff's 8/16/11 Letter by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Attachments: #1 Exhibit A, #2 Exhibit B) (Buzzetta, Danilo) |
| Filing 62 Letter MOTION for pre motion conference for summary judgment for accounting by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Rule 56.1 Statement, #2 Declaration, #3 Exhibit 1 to 17, #4 Exhibit 18 to 31) (Cappello, Thomas) |
| Filing 61 TRANSCRIPT of Proceedings held on July 26, 2011, before Judge Gold. Court Transcriber: Aria Transcriptions, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2011. Redacted Transcript Deadline set for 9/2/2011. Release of Transcript Restriction set for 10/31/2011. (Rocco, Christine) |
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ORDER granting in part and denying in part #59 Motion for Discovery for reasons and to the extent stated on the record during the telephone ccnference held today. Ordered by Chief Magistrate Steven M. Gold on 7/26/2011. (Gold, Steven)
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| Minute Entry for Telephone Conference held on 7/26/2011 before Chief Magistrate Judge Steven M. Gold: Sgarlato for plaintiffs, Buzzetta for defendants. Plaintiff's discovery demands granted in part and denied in part as stated on the record. Defendants will complete document production by August 19. Defendant Vitale will be deposed on September 1, 2011 absent further order of the court. fact discovery will be completed by October 14. NEXT CONFERENCE: IN PERSON ON OCTOBER 20 AT 12:00 NOON. Counsel shall be prepared to state their position on settlement, with principals present or available by telephone, to articulate the basis for any anticipated summary judgment motions, and to state whether they will agree to assignment of this case to a magistrate judge for all purposes, including jury trial and entry of final judgment. (Tape #FTR 1:50-2:17.) (Vasquez, Lea) |
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SCHEDULING ORDER re #60 Response in Opposition to Motion filed by I. Peter Rayo, Herbert J. Slater, Mark Rayo, Robert A. Sgarlato, #59 MOTION for Discovery and Discovery Status Letter filed by Otto J. Vitale, Simmons and Miller, Steven G. Vitale: A TELEPHONE CONFERENCE WILL BE HELD AT 1:45 P.M. ON JULY 26, 2011. Counsel for defendant is directed to arrange the call with all parties as well as confirm this conference date and time with plaintiffs' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/22/2011. (Vasquez, Lea)
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| Filing 60 RESPONSE in Opposition re #59 MOTION for Discovery and Discovery Status Letter filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Cappello, Thomas) |
| Filing 59 MOTION for Discovery and Discovery Status Letter by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 58 Letter by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Buzzetta, Danilo) |
| Minute Entry for Telephone Conference held on 6/28/2011 before Chief Magistrate Judge Steven M. Gold: Sgarlato for plaintiffs, Buzzetta for defendants. The parties report that all plaintiffs other than Slater, who resides in Florida, have been deposed. Plaintiffs report that defendants have failed to produce certain documents. Defendants will promptly search again for the documents plaintiffs contend are missing and report to plaintiffs whether they can be located. Defendants will provide authorizations for plaintiffs to obtain relevant tax returns from the IRS and, if required by the relevant banking institutions, for bank records. Depositions of defendants will be scheduled to take place after the meeting arranged by defendants' counsel with the office of the Staten Island District Attorney. If defendants believe they are entitled to stay, or to withhold documents on Fifth Amendment grounds, they shall file a motion seeking such relief. (Vasquez, Lea) |
| Minute Entry for Telephone Conference held on 6/1/2011 before Chief Magistrate Judge Steven M. Gold: Sgarlato for plaintiffs, Buzzetta and Cameratta for defendants. Each side will select the order in which it chooses to depose its adversaries. The deposition if Mr. Slater will be conducted when counsel are already scheduled to be in Florida to conduct the depositions of defendants. Depositions will be held in the offices of the attorney taking the deposition. The conference previously set for June 28 will proceed as scheduled. (Vasquez, Lea) |
| Filing 57 NOTICE of Appearance by Candace Marie Camarata on behalf of Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (aty to be noticed) (Camarata, Candace) |
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SCHEDULING ORDER re #56 Reply in Support filed by I. Peter Rayo, Herbert J. Slater, Mark Rayo, Robert A. Sgarlato, #55 Letter filed by Otto J. Vitale, Simmons and Miller, Steven G. Vitale, Adam Horvit: A telephone conference will be held at 9:45 a.m. on June 1, 2011. Counsel for defendants is directed to confirm this conference date and time with plaintiffs' counsel as well as arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/26/2011. (Vasquez, Lea)
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| Filing 56 REPLY in Support of Local Rule 37.3 Conference filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Sgarlato, Robert) |
| Filing 55 Letter Requesting Local Rule 37.3 Conference by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Buzzetta, Danilo) |
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ORDER granting in part and denying in part #54 Motion for Discovery -- see minute entry for conference held on 2/28/2011. Ordered by Chief Magistrate Judge Steven M. Gold on 3/1/2011. (O'Connor, Erin)
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| Minute Entry for Status Conference held on 2/28/2011 before Chief Magistrate Judge Steven M. Gold: Sgarlato for plaintiffs, Buzzetta for defendants. Plaintiffs' application to proceed with discovery is granted with limitations. Discovery will proceed with respect to all claims other than plaintiffs' RICO claims; that is, any discovery unique to the RICO claims is deferred while defendants' motion to dismiss remains pending. The parties will serve automatic disclosures by March 15. Document demands will be served by March 29. Responses to document demands shall be served by April 29. Plaintiffs will be deposed by June 17. A TELEPHONE CONFERENCE WILL BE HELD AT 10 AM ON JUNE 28. Counsel will arrange the conference call. Counsel shall be prepared to report on their progress with discovery and to schedule depositions of defendants and non-parties if appropriate. (Vasquez, Lea) |
| Filing 54 Letter MOTION for Discovery to Chief Magistrate Judge Steven M. Gold Requesting a Conference by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Cappello, Thomas) |
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ORDER deferring ruling on #54 Motion for Discovery: An in-person conference will be held at 4:00 p.m. on February 28th. Counsel for plaintiff is directed to confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/14/2011. (Vasquez, Lea)
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| Minute Entry for proceedings held before Senior Judge Sterling Johnson, Jr: Case called. Parties present. Show Cause Hearing held on 11/29/2010. Oral argument heard. Decision reserved. (Court Reporter Michelle Nardone.) (Rodriguez, Ana) |
| Filing 53 REPLY in Support Reply Declaration of Robert Sgarlato In Support of Order of Attachment filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Exhibit, #2 Exhibit) (Cappello, Thomas) |
| Filing 52 MEMORANDUM in Opposition re #48 Order to Show Cause, for Attachment as to Defendant Otto Vitale filed by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-G) (Buzzetta, Danilo) |
| Filing 50 First MOTION for Order to Show Cause Plaintiff's Memorandum In Support For Order of Attachment with Exhibits A-Q and Affidavit of Service by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Exhibit A-B, #2 Exhibit C-F, #3 Exhibit G-I, #4 Exhibit J-N, #5 Exhibit O-Q, #6 Affidavit of Service) (Cappello, Thomas) |
| Minute Order. for proceedings held before Senior Judge Sterling Johnson, Jr: Case called. Robert Sgarlato and Danilo Buzzetta appearing by telephone. Motion Hearing held on 11/23/2010 re #49 MOTION to Dissolve Temporary Restraining Order pursuant to Rule 65(b)(4), docket entry #48 . Oral argument heard. Motion GRANTED for reasons stated on the record. Motions terminated: #49 . Oral Argument on Order to Show Cause regarding attachment, docket entry #48 , set for 11/29/2010 09:30 AM in Courtroom 6B South before Senior Judge Sterling Johnson Jr. (Court Reporter Tony Mancuso.) (Rodriguez, Ana) |
| Filing 49 MOTION to Vacate #48 Order to Show Cause, as to TRO contained therein, by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
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Filing 48
ORDER TO SHOW CAUSE; It is ordered that defendant Otto Vitale or his attorneys, show cause before this Court, at Courtroom 6B South, 225 Cadman Plaza East, Brooklyn, New York, on November 29, 2010 at 9:30am. (See attached). Ordered by Senior Judge Sterling Johnson, Jr on 11/22/2010. (Rocco, Christine)
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| Filing 47 Letter to the Hon. Sterling Johnson, Jr. regarding the recent letter filed by defendants' counsel by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater (Cappello, Thomas) |
| Filing 46 Letter to Honorable Judge Sterling Johnson, Jr. to respectfully advise the Court of SDNY decision rendered by Hon Judge Harold Baer by Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Attachments: #1 Exhibit Unreported Case) (Buzzetta, Danilo) |
| Filing 45 REPLY in Support re #23 Cross MOTION to Amend/Correct/Supplement Caption, Summons & Complaint (Reply Memo) filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Sgarlato, Robert) |
| Filing 44 AFFIDAVIT/DECLARATION in Support re #23 Cross MOTION to Amend/Correct/Supplement Caption, Summons & Complaint Re: Reply Memorandum filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Exhibit A,B,C,D) (Sgarlato, Robert) |
| Filing 43 MEMORANDUM in Opposition to Plaintiffs Cross-Motion for Leave to File a Second Amended Complaint filed by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Sgarlato, Robert) |
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ORDER granting #42 Motion for Extension of Time to File Response/Reply. ADDITIONAL EXTENSIONS WILL NOT BE GRANTED ABSENT EMERGENCY. The parties will be notified via ECF if and when the Court wishes to hear oral argument. Phone calls to chambers are not permitted absent emergency. Ordered by Senior Judge Sterling Johnson, Jr on 10/27/2009. (Figeroux, Davina)
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| Filing 42 Letter MOTION for Extension of Time to File Response/Reply and excess pages by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Sgarlato, Robert) |
| Filing 41 Letter Requesting Oral Argument by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater (Sgarlato, Robert) |
| Filing 40 CERTIFICATE OF SERVICE by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale re #35 MOTION to Dismiss Amended Complaint Against Defendant Adam Horvit (Buzzetta, Danilo) |
| Filing 39 CERTIFICATE OF SERVICE by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale re #35 MOTION to Dismiss Amended Complaint Against Defendant Adam Horvit (Buzzetta, Danilo) |
| Filing 38 REPLY in Support re #35 MOTION to Dismiss Amended Complaint Against Defendant Adam Horvit filed by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 37 AFFIDAVIT/DECLARATION in Opposition re #35 MOTION to Dismiss Amended Complaint Against Defendant Adam Horvit filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato. (Attachments: #1 Notice of Motion, #2 Exhibit, #3 Exhibit) (Buzzetta, Danilo) |
| Filing 36 AFFIDAVIT/DECLARATION in Support re #35 MOTION to Dismiss Amended Complaint Against Defendant Adam Horvit filed by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 35 MOTION to Dismiss Amended Complaint Against Defendant Adam Horvit by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 34 CERTIFICATE OF SERVICE by Simmons and Miller, Otto J. Vitale, Steven G. Vitale re #33 Reply in Support (Buzzetta, Danilo) |
| Filing 33 REPLY in Support re #27 MOTION to Dismiss filed by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 32 CERTIFICATE OF SERVICE by Simmons and Miller, Otto J. Vitale, Steven G. Vitale re #29 Affidavit in Support of Motion, #28 Memorandum in Support, #27 MOTION to Dismiss, #30 Affidavit in Support of Motion, #31 Affidavit in Support of Motion (Buzzetta, Danilo) |
| Filing 31 AFFIDAVIT/DECLARATION in Support re #27 MOTION to Dismiss filed by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 30 AFFIDAVIT/DECLARATION in Support re #27 MOTION to Dismiss filed by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 29 AFFIDAVIT/DECLARATION in Support re #27 MOTION to Dismiss filed by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Buzzetta, Danilo) |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Dismiss filed by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 27 MOTION to Dismiss by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
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ORDER granting #25 Motion for Leave to File Excess Pages. Ordered by Senior Judge Sterling Johnson, Jr on 10/19/2009. (Figeroux, Davina)
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| Filing 26 Letter in Response to Defendant's Letter Motion for leave to File Excess Pages by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater (Sgarlato, Robert) |
| Filing 25 Letter MOTION for Leave to File Excess Pages in Defendants' Memorandum in Opposition to Plaintiffs' Cross-Motion for Leave to file a proposed Second Amedned Complaint up to 35 pages by Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #16 MOTION to Dismiss Amended Comlaint Against Defendant Adam Horvit et al, MEMORANDUM in Opposition (limited) filed by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Exhibit 2nd Amended Summons in a Civil Action, #2 Exhibit Proposed 2nd Amended Complaint; Verification;Agreement; Otto Reimbursement) (Sgarlato, Robert) |
| Filing 23 Cross MOTION to Amend/Correct/Supplement Caption, Summons & Complaint by I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater. (Attachments: #1 Exhibit 2nd Amended Summons In a Civil Action, #2 Exhibit Proposed 2nd Amended Complaint; Verification; Agreement; Otto Reimbursement) (Sgarlato, Robert) |
| Minute Entry for Telephone Conference held on 8/25/2009 before Chief Magistrate Judge Steven M. Gold: Sgarlato for plaintiffs, Buzzetta for defendants. Plaintiffs will circulate a proposed amended complaint by September 14. If defendants do not consent to its filing, plaintiffs will submit their opposition to defendants' pending motion to dismiss, and cross-move for leave to file an amended complaint, by September 28. Defendants will submit their reply on their motion to dismiss and their opposition to plaintiffs' motion for leave to amend by October 20. Plaintiffs will submit their reply on their motion for leave to amend by October 30. (Vasquez, Lea) |
| Filing 22 NOTICE of Appearance by Robert A. Sgarlato on behalf of I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater (aty to be noticed) (Sgarlato, Robert) |
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SCHEDULING ORDER: re #21 Letter filed by I. Peter Rayo. The conference scheduled August 14th will instead be held at 5:00 p.m. on August 25th. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/12/2009. (Vasquez, Lea)
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| Filing 21 Letter requesting rescheduling of telephone conference by I. Peter Rayo (Rayo, I.) |
| Filing 20 Letter response to 08/05/09 letter by Daniel J Buzzetta by I. Peter Rayo (Rayo, I.) |
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SCHEDULING ORDER: A telephone conference will be held at 12:00 p.m. on August 14th. Counsel for plaintiff is directed to arrange the call with all parties as well as confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/10/2009. (Vasquez, Lea)
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| Filing 19 Letter response to 8/5/09 letter by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale (Buzzetta, Danilo) |
| Filing 18 Letter requesting pre-motion conference by I. Peter Rayo (Rayo, I.) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #16 MOTION to Dismiss Amended Comlaint Against Defendant Adam Horvit filed by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 16 MOTION to Dismiss Amended Comlaint Against Defendant Adam Horvit by Adam Horvit, Simmons and Miller, Otto J. Vitale, Steven G. Vitale. (Buzzetta, Danilo) |
| Filing 15 NOTICE of Appearance by Danilo J. Buzzetta on behalf of Adam Horvit (aty to be noticed) (Buzzetta, Danilo) |
| Filing 14 SUMMONS Returned Executed by I. Peter Rayo. Adam Horvit served on 6/30/2009, answer due 7/20/2009. (Rayo, I.) |
| Filing 13 STIPULATION Extending Time To Respond To Defendants Motion To Dismiss by I. Peter Rayo (Rayo, I.) |
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ORDER approving #13 Stipulation filed by I. Peter Rayo. Plaintiff is to respond to the motion to dismiss by August 18th; defendant is to submit reply by 9/14. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/6/2009. (Vasquez, Lea)
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| Filing 12 SUMMONS Returned Executed by I. Peter Rayo. Adam Horvit served on 6/13/2009, answer due 7/6/2009. (Rayo, I.) |
| Rayo for plaintiffs, Buzzetta and Camerola for defendants (other than Horvit). Defendants will file their motion to dismiss by June 5. Plaintiffs' opposition will be filed by July 7, and defendants' reply by July 21. Pursuant to the agreement reached by the parties, discovery is stayed pending the resolution of the motion, subject to the exceptions discussed today such as those for tax returns and related documents and the last known address of defendant Horvit. (Vasquez, Lea) |
| Filing 11 SUMMONS Returned Executed by I. Peter Rayo. Otto J. Vitale served on 4/8/2009, answer due 4/28/2009; Steven G. Vitale served on 3/27/2009, answer due 4/16/2009. (Rayo, I.) |
| Filing 9 First MOTION for Extension of Time to File Answer re #6 Amended Complaint (disregard dkt # 7 as wrong document was attached by mistake) by Otto J. Vitale, Steven G. Vitale, Simmons and Miller. (Buzzetta, Danilo) |
| Filing 8 NOTICE of Appearance by Danilo J. Buzzetta on behalf of Otto J. Vitale, Steven G. Vitale, Simmons and Miller (notification declined or already on case) (Buzzetta, Danilo) |
| Filing 7 First MOTION for Extension of Time to File Answer re #6 Amended Complaint or otherwise respond by Otto J. Vitale, Steven G. Vitale, Simmons and Miller. (Buzzetta, Danilo) |
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ORDER granting #9 Motion for Extension of Time to Answer Otto J. Vitale answer due 6/5/2009; Steven G. Vitale answer due 6/5/2009; Simmons and Miller answer due 6/5/2009. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/8/2009. (Vasquez, Lea)
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| Motions terminated, docketed incorrectly: #7 First MOTION for Extension of Time to File Answer re #6 Amended Complaint or otherwise respond filed by Otto J. Vitale, Simmons and Miller, Steven G. Vitale. (Vasquez, Lea) |
| Filing 10 Amended Summons Issued as to Otto J. Vitale, Steven G. Vitale, Adam Horvit, Simmons and Miller. (Lagana, Michael) |
| Filing 6 AMENDED COMPLAINT & Amended Sumons against all defendants, filed by all plaintiffs. (Rayo, I.) |
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ORDER granting #5 Motion for Extension of Time to Answer Otto J. Vitale answer due 5/15/2009; Steven G. Vitale answer due 5/15/2009; Simmons and Miller answer due 5/15/2009. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/13/2009. (Vasquez, Lea)
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| Filing 5 First MOTION for Extension of Time to File Answer re #1 Complaint, by Otto J. Vitale, Steven G. Vitale, Simmons and Miller. (Buzzetta, Danilo) |
| Filing 4 Corporate Disclosure Statement by Simmons and Miller (Buzzetta, Danilo) |
| Filing 3 PRIORITY AFFIDAVIT IN SUPPORT, Submitting this affidavit and in support of the instant application for a Preliminary injunction and temporary restraining order. by I. Peter Rayo (Sica, Michele) |
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Filing 2
SCHEDULING ORDER: An initial conference has been scheduled for 6/4/2009 at 12:00 PM in Courtroom13D South before Chief Magistrate Judge Steven M. Gold. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/27/2009. (Vasquez, Lea)
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| Filing 1 COMPLAINT against Otto J. Vitale, Steven G. Vitale, Adam Horvit and Simmons and Miller $ 350, filed by O.J. Vitale Ptr, I. Peter Rayo, Mark Rayo, Robert A. Sgarlato, Herbert J. Slater, Otto J. Vitale, et al, Ptr. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| Summons Issued as to Otto J. Vitale, Steven G. Vitale, Adam Horvit and Simmons and Miller. (Davis, Kimberly) |
| Minute Entry for proceedings held before Miscellaneous Duty Judge Nicholas G. Garaufis on 2/27/09. Plaintiff I. Peter Rayo, Esq., representing himself and the other Plaintiffs in this action, requested, ex parte, an Order to Show Cause and Temporary Restraining Order. Plaintiff voluntarily withdrew the application without prejudice. (Court Reporter Butler, Victoria) (Wilensky, Julie) |
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