Davito et al v. Amtrust Bank
Plaintiff: John J. Davito and Santa Devito
Defendant: Federal Deposit Insurance Corporation
Case Number: 1:2009cv03858
Filed: September 4, 2009
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Brian M Cogan
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 6, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2011 Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/17/10, before Judge Cogan. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2011. Redacted Transcript Deadline set for 7/7/2011. Release of Transcript Restriction set for 9/6/2011. (Rudolph, Gene)
May 5, 2011 Filing 59 CLERK'S JUDGMENT dated 5/2/11 that plaintiffs' motion for costs pursuant to 28:1927 is denied; that plaintiffs' motion for attorneys' fees and costs is granted in part and denied in part; that plaintiffs' motion to withdraw their motion for Rule 11 sanction is granted; and that judgment is hereby entered in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Robert C. Heinemann, Clerk of Court on 5/2/2011 ) (Guzzi, Roseann)
May 2, 2011 Opinion or Order Filing 58 MEMORANDUM DECISION AND ORDER dated 4/29/11 that plaintiffs' #42 Motion for costs pursuant to 28:1927 is denied. Plaintiffs' #45 Motion for Attorney Fees and costs is granted in part and denied in part. Plaintiffs' #48 Motion to withdraw their motion for Rule 11 sanctions is granted. The Clerk of the Court is directed to enter judgment in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Judge Brian M. Cogan on 4/29/11 ) *Forwarded for jgm. (Guzzi, Roseann)
January 5, 2011 Filing 57 Letter regarding Supplemental Declaration of Oren Giskan by Federal Deposit Insurance Corporation (Sobiecki, Richard)
January 4, 2011 Filing 56 AFFIDAVIT/DECLARATION in Support re #45 MOTION for Attorney Fees And Expenses by Oren Giskan filed by John J. Davito, Santa Devito. (Attachments: #1 Exhibit A, #2 Exhibit B) (Anderson, Catherine)
December 27, 2010 Filing 55 Letter responding to new argument raised in Plaintiffs' reply brief in support of motion for attorneys' fees by Federal Deposit Insurance Corporation (Sobiecki, Richard)
December 23, 2010 Filing 54 AFFIDAVIT/DECLARATION in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by John J. Davito, Santa Devito. (Anderson, Catherine)
December 23, 2010 Filing 53 REPLY in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by John J. Davito, Santa Devito. (Anderson, Catherine)
December 23, 2010 Filing 52 AFFIDAVIT/DECLARATION in Support re #45 MOTION for Attorney Fees And Expenses filed by John J. Davito, Santa Devito. (Anderson, Catherine)
December 23, 2010 Filing 51 REPLY in Support re #45 MOTION for Attorney Fees And Expenses Plaintiffs' Reply Memorandum Of Law In Further Support Of Motion For Award Of Attorney's Fees and Expenses filed by John J. Davito, Santa Devito. (Anderson, Catherine)
December 15, 2010 Filing 50 MEMORANDUM in Opposition re #45 MOTION for Attorney Fees And Expenses filed by Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Super, David)
December 15, 2010 Filing 49 MEMORANDUM in Opposition re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Super, David)
December 3, 2010 Filing 48 MOTION to Withdraw Rule 11 Sanctions Motion by John J. Davito. (Anderson, Catherine)
November 29, 2010 Filing 47 AFFIDAVIT/DECLARATION in Support re #45 MOTION for Attorney Fees And Expenses by Oren Giskan filed by John J. Davito, Santa Devito. (Anderson, Catherine)
November 29, 2010 Filing 46 MEMORANDUM in Support re #45 MOTION for Attorney Fees And Expenses filed by John J. Davito, Santa Devito. (Anderson, Catherine)
November 29, 2010 Filing 45 MOTION for Attorney Fees And Expenses by John J. Davito. (Anderson, Catherine)
November 29, 2010 Filing 44 AFFIDAVIT/DECLARATION in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 by Oren Giskan filed by John J. Davito, Santa Devito. (Anderson, Catherine)
November 29, 2010 Filing 43 MEMORANDUM in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by John J. Davito, Santa Devito. (Anderson, Catherine)
November 29, 2010 Filing 42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 by John J. Davito. (Anderson, Catherine)
November 29, 2010 Filing 41 MOTION for Extension of Time to File Motion For Attorney's Fees and Sanctions by John J. Davito. (Anderson, Catherine)
November 29, 2010 Opinion or Order Civil Case Terminated as per final judgment. Attorneys' fee issue remains open. Ordered by Judge Brian M. Cogan on 11/29/2010. (Cogan, Brian)
November 29, 2010 Opinion or Order ORDER granting #41 Motion for Extension of Time to File attorneys' fee motion to 11/29/10. Opposition 12/15/10; reply 12/23/10. Ordered by Judge Brian M. Cogan on 11/29/2010. (Cogan, Brian)
November 15, 2010 Filing 40 CLERK'S JUDGMENT that a Rule 68 Offer of Judgment is hereby entered in favor of plaintiffs, John J. Davito and Santa Davito, and against defendant, Amtrust Bank, in the amount of $350.00. Ordered by Robert C. Heinemnn, Clerk of Court on 11/12/2010. (Lee, Tiffeny)
November 15, 2010 Opinion or Order VACATE SCHEDULING ORDER dated 11/8/10 scheduling a Pretrial Conference and deadline for Joint Pretrial Order. Ordered by Judge Brian M. Cogan on 11/15/2010. (Weisberg, Peggy)
November 12, 2010 Filing 39 REPLY in Opposition to FDIC-Receiver's Request For Pre-motion Conference filed by John J. Davito, Santa Devito. (Anderson, Catherine)
November 12, 2010 Opinion or Order ORDER re #39 Reply in Opposition filed by plaintiffs. The Court construes plaintiff's opposition to defendant's letter request for a conference as an acceptance of the Rule 68 offer. The Clerk is directed to enter judgment in favor of plaintiff and against defendant in the amount of $350. Plaintiffs shall file their motion for attorneys' fees with full evidentiary support and a supporting memorandum of law by 11/24/10, defendants' opposition by 12/8/10, plaintiffs' reply by 12/15/10. The Court notes that plaintiffs' counsel's argument about his frustration appears premature; in determining plaintiffs' reasonable attorneys' fee, the Court (not a Magistrate Judge) will of course consider the need to respond to defendant's tactics, and if it finds that defendant or its counsel violated 28 U.S.C. 1927, it may increase the award to plaintiff and/or impose an additional sanction on defendant or its counsel. Ordered by Judge Brian M. Cogan on 11/12/2010. (Cogan, Brian)
November 10, 2010 Reset Hearing: Final Pretrial Conference previously set for 12/3/10 is reset to 12/2/10 at 12:00 p.m. in Courtroom 4F North. (Weisberg, Peggy)
November 9, 2010 Filing 38 Letter requesting pre-motion conference on motion to dismiss for lack of subject matter jurisdiction by Federal Deposit Insurance Corporation (Sobiecki, Richard)
November 9, 2010 Opinion or Order ORDER re #38 Letter filed by Federal Deposit Insurance Corporation. Plaintiffs are directed to respond to this letter by Friday, 11/12. Ordered by Judge Brian M. Cogan on 11/9/2010. (Clarke, Melonie)
November 8, 2010 Filing 37 Letter providing status update and requesting telephonic conference by Federal Deposit Insurance Corporation (Sobiecki, Richard)
November 8, 2010 Opinion or Order ORDER re #37 Letter filed by Federal Deposit Insurance Corporation. The Court is not going to get involved in settlement discussions; if the parties don't want to settle the case, the Court's role is to try it. Since discovery closes on 11/19/10, the Court will set the matter down for final pretrial proceedings by separate Order. Ordered by Judge Brian M. Cogan on 11/8/2010. (Cogan, Brian)
November 8, 2010 Opinion or Order SCHEDULING ORDER: The parties shall file a Joint Pretrial Order using the form posted on the Court's website by 11/29/10 and will simultaneously deliver to Chambers a set of those exhibits to which objection has been made, and those portions of deposition testimony that a party intends to offer and to which the adversary objects, both as reflected in the Joint Pretrial Order, so that the Court can rule on the objections at the Conference to the extent practicable. A Final Pretrial Conference is set for 12/3/10 at 11:30 A.M. in Courtroom 4F North. Ordered by Judge Brian M. Cogan on 11/8/2010. (Weisberg, Peggy)
October 6, 2010 Filing 36 Letter in response to September 22, 2010 Status Report Order by Federal Deposit Insurance Corporation (Sobiecki, Richard)
October 6, 2010 Opinion or Order ORDER re #36 Letter filed by Federal Deposit Insurance Corporation. The Court accepts the parties' proposal; discovery to conclude by 11/19/10. Ordered by Judge Brian M. Cogan on 10/6/2010. (Cogan, Brian)
September 22, 2010 Filing 35 NOTICE of Appearance by Richard P Sobiecki on behalf of Federal Deposit Insurance Corporation (aty to be noticed) (Sobiecki, Richard)
September 22, 2010 Opinion or Order Filing 34 MEMORANDUM DECISION AND ORDER dated 9/20/10 that defendant's motion to strike the class allegations is granted. The class allegations are stricken from plaintiffs' complaint. ( Ordered by Judge Brian M. Cogan on 9/20/2010 ) (Guzzi, Roseann)
September 22, 2010 Opinion or Order STATUS REPORT ORDER. In light of the striking of the class allegations, the parties are directed to confer and advise the Court by joint letter filed by 10/6/10 as to their proposal or, if unable to agree, proposals for the prompt trial or other disposition of this action. Ordered by Judge Brian M. Cogan on 9/22/2010. (Weisberg, Peggy)
September 17, 2010 Minute Entry for Status Conference held before Judge Brian M. Cogan on 9/17/10. Both sides present. The Court took defendant's #30 motion to strike class allegations and plaintiffs' request for a determination of their right to recover attorneys' fees under advisement. See transcript for details. (Court Reporter Gene Rudolph.) (Weisberg, Peggy) Modified on 9/17/2010 to modify text as per chambers. (Marziliano, August).
September 15, 2010 Filing 33 REPLY in Support of Motion to Strike Class Allegations from the Complaint filed by Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Super, David)
September 13, 2010 Filing 32 MEMORANDUM in Opposition to FDIC-Receiver's Motion to Strike Class Allegations from the Complaint filed by John J. Davito, Santa Devito. (Attachments: #1 Notice of Claim, #2 Proof of Claim, #3 Notice of Disallowance of Claim) (Anderson, Catherine)
September 2, 2010 Opinion or Order ORDER granting #31 Motion for Leave to File Memoranda in Support of Motion to Strike Class Allegations and Motion to Dismiss Claims for Statutory Penalties and Injunctive Relief. Ordered by Judge Brian M. Cogan on 9/2/2010. (Weisberg, Peggy)
September 1, 2010 Filing 31 Letter MOTION for Leave to File Memoranda in Support of Motion to Strike Class Allegations and Motion to Dismiss Claims for Statutory Penalties and Injunctive Relief by Federal Deposit Insurance Corporation. (Attachments: #1 Memorandum in Support of Motion to Strike Class Allegations, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Memorandum in Support of Motion to Dismiss Claims for Statutory Penalties and Injunctive Relief, #8 Exhibit A, #9 Exhibit B) (Super, David)
August 31, 2010 Opinion or Order ORDER granting #28 and #29 Motion for Leave to Appear Pro Hac Vice for David A. Super and Richard P. Sobiecki, respectively, as counsel for Federal Deposit Insurance Corporation. Ordered by Judge Brian M. Cogan on 8/31/2010. (Weisberg, Peggy)
August 30, 2010 Filing 30 Letter MOTION for pre motion conference with respect to FDIC-Receiver's proposed motion to strike class allegations and to dismiss Plaintiffs' claims for statutory penalties and injunctive relief by Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Super, David)
August 30, 2010 Filing 29 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice (Richard P. Sobiecki) Filing fee $ 25, receipt number 0207-4335714. by Federal Deposit Insurance Corporation. (Attachments: #1 Affidavit of Richard P. Sobiecki, #2 Proposed Order) (Nemetz, Leigh)
August 30, 2010 Filing 28 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Admission (David A. Super) Filing fee $ 25, receipt number 0207-4335676. by Federal Deposit Insurance Corporation. (Attachments: #1 Affidavit of David A. Super, #2 Proposed Order) (Nemetz, Leigh)
August 30, 2010 Opinion or Order ORDER denying as moot #30 Motion for Pre Motion Conference as the premotion conference is waived. This letter is deemed to constitute defendant's motion to strike the class allegations and to dismiss the claims for statutory penalties and injunctive relief. Plaintiff's opposition due 9/13/10. No extensions absent extraordinary circumstances. Ordered by Judge Brian M. Cogan on 8/30/2010. (Cogan, Brian)
August 23, 2010 Filing 27 MOTION to Adjourn Conference by John J. Davito, Santa Devito. (Giskan, Oren)
August 23, 2010 Opinion or Order ORDER granting #27 Motion to Adjourn Conference to 9/17/10 at 2:00 p.m. However, the Court does not ordinarily grant adjournments based on settlement discussions and no further adjournments on that basis will be granted. Especially in light of the age of this case, the parties should expect to be placed on a prompt discovery track at the status conference. Ordered by Judge Brian M. Cogan on 8/23/2010. (Weisberg, Peggy)
August 6, 2010 Filing 26 MOTION to Continue the Action. by John J. Davito. (Anderson, Catherine)
August 6, 2010 Opinion or Order ORDER granting #26 Motion to Continue. A Status Conference is scheduled for 8/25/10 at 10:00 a.m. in Chambers 717S. Parties are to confer on a prompt discovery plan in advance of the conference and present it to the Court. Ordered by Judge Brian M. Cogan on 8/6/2010. (Weisberg, Peggy)
August 6, 2010 Case Reopened. (Guzzi, Roseann)
January 20, 2010 Opinion or Order Filing 25 STIPULATION OF SUBSTITUTION AND STAY. FDIC Receiver be substituted for AmTrust as the real party-interest in this action. Action stayed until March 10, 2010. ( Ordered by Judge Brian M. Cogan on 1/19/2010 ) (Guzzi, Roseann)
January 15, 2010 Filing 24 Letter Providing Status Update and Requesting Approval of Stipulation to Substitute and Stay by Amtrust Bank (Attachments: #1 Exhibit, #2 Proposed Order) (Super, David)
January 15, 2010 Opinion or Order ORDER ADMINISTRATIVELY CLOSING CASE.The stipulation presented by the parties is basically acceptable to the Court and will be entered separately. However, because there is a reasonable possibility that plaintiffs will either not file an adminstrative claim or if they do, it will be resolved without further litigation in this Court, the Court is marking the case administratively closed in lieu of the form of Order proffered by the parties. The case will be reopened upon the request of any party if made within 60 days from determination of a timely filed administrative claim, or 180 days from the filing of a timely administrative claim, whichever is shorter. The status conference is adjourned sine die pending request for such a conference by any party. Ordered by Judge Brian M. Cogan on 1/15/2010. (Cogan, Brian)
January 14, 2010 Opinion or Order Filing 23 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL re #22 Stipulation filed by Amtrust Bank. IT IS HEREBY STIPULATED AND AGREED between the signatories heretothat Baker Botts L.L.P., 30 Rockefeller Plaza, New York, New York 10112, shall be substituted for Baker & Hostetler LLP as the attorneys of record for the Federal Deposit Insurance Corporation, as Receiver for AmTrust Bank ("FDIC-Receiver"). (So Ordered by Judge Brian M. Cogan on 1/13/2010). C-E/M. (Layne, Monique)
January 13, 2010 Opinion or Order Filing 22 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL by Amtrust Bank (Nemetz, Leigh)
January 11, 2010 Filing 21 Letter MOTION for pre motion conference with respect to FDIC's proposed motion to be substituted for AmTrust and for a Stay of these proceedings by Amtrust Bank. (Kuntz, William)
January 11, 2010 Opinion or Order ORDER deferring ruling on #21 Motion for Pre Motion Conference. The motion does not advise as to the results of any effort to obtain the relief sought by consent. At least some of the points raised seem basic under FIRREA and the Court would expect the parties to reach agreement concerning those. To the extent the parties are unable to complete a plan for moving forward, the Court will address those issues at the conference presently scheduled for 1/19/10. Ordered by Judge Brian M. Cogan on 1/11/2010. (Cogan, Brian)
December 30, 2009 Opinion or Order ORDER terminating #17 Motion for Extension of Time to Complete Discovery as addressed by ECF Order 12/23/09. Ordered by Judge Brian M. Cogan on 12/30/2009. (Cogan, Brian)
December 23, 2009 Filing 20 Letter to Hon. Brian M Cogan from William F. Kuntz, II-dated 12-23-09- with letter from AmTrust Bank on letterhead- re: Baker & Hostetler LLP has been retained as counsel for the Federal Deposit Insurance Corporation (FDIC), as successor in intrerest to AmTrust Bank by Amtrust Bank (Kuntz, William)
December 23, 2009 Filing 19 Letter to Hon. Brian M. Cogan from William F. Kuntz, II-dated 12-23-09-re: Baker & Hostetler LLP being retained as counsel for the Federal Deposit Insurance Corporation, successor in interest to AmTrust Bank by Amtrust Bank (Kuntz, William)
December 23, 2009 Opinion or Order ORDER re #20 Letter. Request granted. This action is stayed until 1/13/2010. The Court will hold a Status Conference on 1/19/2010 at 5:00 p.m. in Courtroom 4F North. Ordered by Judge Brian M. Cogan on 12/23/2009. (Weisberg, Peggy)
December 9, 2009 Filing 18 MOTION to Withdraw Order on Motion for Leave to Appear, by LeAnn Pedersen Pope and Andrew D. LeMar by Amtrust Bank. (Kuntz, William)
December 9, 2009 Filing 17 Letter MOTION for Extension of Time to Complete Discovery Request by Amtrust Bank. (Kuntz, William)
December 9, 2009 Opinion or Order ORDER temporarily granting #17 Motion for Extension of Time to Complete Discovery; granting #18 Motion to Withdraw. This action is stayed until 12/23/09, at or prior to which time Mr. Kuntz shall advise the Court where the FDIC stands with regard to substitution and retention of counsel. Ordered by Judge Brian M. Cogan on 12/9/2009. (Cogan, Brian)
December 9, 2009 Opinion or Order ORDER granting Motions for Leave to Appear Pro Hac Vice of #15 Andrew D. Lemar and #16 LeAnn Pedersen Pope by defendant. Ordered by Judge Brian M. Cogan on 12/9/2009. (Weisberg, Peggy)
December 8, 2009 Filing 16 Notice of MOTION for Leave to Appear Pro Hac Vice (LeAnn Pedersen Pope) Filing fee $ 25, receipt number 0207-3878956. by Amtrust Bank. (Attachments: #1 Affidavit of LeAnn Pedersen Pope, #2 Proposed Order) (Renner, Deborah)
December 8, 2009 Filing 15 Notice of MOTION for Leave to Appear Pro Hac Vice (Andrew D. Lemar) Filing fee $ 25, receipt number 0207-3878861. by Amtrust Bank. (Attachments: #1 Affidavit of Andrew LeMar, #2 Proposed Order) (Renner, Deborah)
December 7, 2009 Filing 14 Letter to the Hon. Brian M. Cogan by Amtrust Bank (Kuntz, William)
December 7, 2009 Opinion or Order ORDER re #14 Letter filed by Amtrust Bank re Amtrust Bank receivership. Absent further advice from the parties, the Court does not believe that defendant's receivership has any impact on the pendency of this action or the discovery deadlines previously set by the Court. With regard to the future filing of letters and other papers, defendant's counsel is reminded to include a brief description of the subject matter of the letter in the ECF entry line so that the docket sheet is intelligible. Ordered by Judge Brian M. Cogan on 12/7/2009. (Cogan, Brian)
December 3, 2009 Filing 13 Letter to Hon. Brian M. Cogan from LeAnn Pedersen Pope, Esq. by Amtrust Bank (Renner, Deborah)
November 23, 2009 Opinion or Order Filing 11 SCHEDULING ORDER: Defendants to respond to Plaintiffs' outstanding request for admission: 11/25/09, Defendant to respond to Plaintiffs' outstanding interragatories and requests for production of documents: 12/10/09, Defendant to provide to Plaintiff the declaration of Stephen Trayte, which Defendant will use to support its motion for summary judgment on Plaintiff's individual claims: 01/11/10, Deadline for Plaintiff to depose Stephen Trayte: 01/29/10, Motions. Defendant will file a motion for summary judgment on Plaintiffs' individual claims on 02/19/10. The parties have agreed to, and the Court hereby enters, the following briefing schedule for Defendants' motion for summary judgment: Defendant to file motion for summary judgment: 02/19/10, Plaitiffs to respond to Defendant's motion for summary judgment 03/12/10, Defendant to file its reply in support of its motion for summary judgment: 03/26/10. (see order for further details). Ordered by Judge Brian M. Cogan on 11/12/2009. (Sica, Michele)
November 12, 2009 Opinion or Order Filing 12 CIVIL CASE MANAGEMENT SCHEDULING ORDER. ( Ordered by Judge Brian M. Cogan on 11/12/2009 ) (Guzzi, Roseann)
November 12, 2009 Minute Entry for Status Conference held on 11/12/09 before Judge Brian M. Cogan. Counsel for both sides present by telephone. The Court So Ordered the parties' Civil Case Management Plan, which will be docketed separately. Should defendant wish to move for summary judgment, the Court will hold a premotion conference on 2/8/2010 at 5:00 PM with the expectation that defendant would file the motion on 2/19/10. Counsel shall submit a letter setting forth the basis for the motion, in accordance with the Court's Individual Practice Rules, no later than 2/2/2010 and plaintiffs shall have until 2/5/2010 to respond. (Weisberg, Peggy) ***Date that defendant's Motion for Summary Judgment has been modified from 2/17/09 to 2/19/10***.
November 10, 2009 Opinion or Order ORDER granting #10 Motion to Continue. Telephonic Status Conference previously scheduled for 11/13/09 is adjourned to 11/12/09 at 11:45 a.m. Ordered by Judge Brian M. Cogan on 11/10/2009. (Weisberg, Peggy)
November 9, 2009 Filing 10 Letter MOTION to Continue the 11/13/09 Telephonic Case Management Conference to 11/12/09 by Amtrust Bank. (Renner, Deborah)
November 9, 2009 Filing 9 NOTICE of Appearance by Deborah Hilarie Renner on behalf of Amtrust Bank (aty to be noticed) (Renner, Deborah)
November 5, 2009 Minute Entry for Initial Status Conference held before Judge Brian M. Cogan on 11/5/2009. Counsel for both sides present. The Court will hold a telephonic status conference on 11/13/09 at 10:00 AM. Defendant's counsel will arrange with all parties, initiate and call the Court at 718-613-2230. The parties are expected to confer prior to the telephonic conference and attempt to reach an agreement on how to proceed with discovery. (Kahne, David)
November 2, 2009 Filing 8 ANSWER to #1 Complaint AmTrust Bank's Answer to Class Action Complaint by Amtrust Bank. (Attachments: #1 Certificate of Service Amtrust Bank's Answer to Class Action Complaint) (Kuntz, William)
November 2, 2009 Filing 7 Corporate Disclosure Statement by Amtrust Bank identifying Corporate Parent AmTrust Financial Corporation for Amtrust Bank. (Attachments: #1 Certificate of Service) (Kuntz, William)
November 2, 2009 Opinion or Order ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Cory L. Zajdel, Esq. by plaintiffs. Party is reminded to pay the required attorney admission fee of $25.00. Ordered by Judge Brian M. Cogan on 11/2/2009. (Weisberg, Peggy)
October 21, 2009 Set/Reset Hearings: Due to a change in the Court's calendar, the Initial Status Conference previously scheduled for 10/21/09 is reset to 11/5/09 at 3:30 p.m. in Chambers 717S. The parties are reminded to bring to the conference a completed civil case management plan, see #2 . (Weisberg, Peggy)
October 16, 2009 Filing 6 Letter / Joint Pre-Initial Status Conference Letter by Amtrust Bank (Kuntz, William)
October 15, 2009 Filing 5 Notice of MOTION for Leave to Appear Pro Hac Vice (Cory L. Zajdel, Esq.) by John J. Davito, Santa Devito. (Attachments: #1 Affidavit of Cory L. Zajdel, Esq. in Support of Pro Hac Vice Motion, #2 Proposed Order) (Zajdel, Cory)
September 29, 2009 Filing 4 STIPULATION and Proposed Order Extending Defendant AmTrust Bank's Time to Respond to the Complaint by Amtrust Bank (Kuntz, William)
September 29, 2009 Opinion or Order ORDER TO ANSWER re #4 Stipulation filed by Amtrust Bank. Amtrust Bank answer due 11/2/2009. Ordered by Judge Brian M. Cogan on 9/29/2009. (Cogan, Brian)
September 23, 2009 Filing 3 SUMMONS Returned Executed by John J. Davito, Santa Devito. Amtrust Bank served on 9/11/2009, answer due 10/1/2009. (Anderson, Catherine)
September 9, 2009 Opinion or Order Filing 2 SCHEDULING ORDER: Initial Status Conference is set for 10/21/2009 at 2:30 PM in Chambers 717S. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Judge Brian M. Cogan on 9/9/2009. (Weisberg, Peggy)
September 4, 2009 Filing 1 COMPLAINT against Amtrust Bank Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by John J. Davito, Santa Devito. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly)
September 4, 2009 FILING FEE: $ 350.00, receipt number 4653007997 (Davis, Kimberly)
September 4, 2009 Summons Issued as to Amtrust Bank. (Davis, Kimberly)

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Plaintiff: John J. Davito
Represented By: Catherine Elizabeth Anderson
Represented By: Oren Giskan
Represented By: Cory L. Zajdel
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Plaintiff: Santa Devito
Represented By: Catherine Elizabeth Anderson
Represented By: Oren Giskan
Represented By: Cory L. Zajdel
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Defendant: Federal Deposit Insurance Corporation
Represented By: Leigh Michele Nemetz
Represented By: William F. Kuntz, II
Represented By: Richard P Sobiecki
Represented By: Deborah Hilarie Renner
Represented By: Sylvia Jeanine Conley
Represented By: David A. Super
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