Barkany Asset Recovery and Management LLC v. Marina District Development Co, LLC

Justia Dockets & Filings Second Circuit New York Eastern District Barkany Asset Recovery and Management LLC v. Marina District Development Co, LLC

Barkany Asset Recovery and Management LLC v. Marina District Development Co, LLC

Plaintiff:	Barkany Asset Recovery and Management LLC
Defendant:	Marina District Development Co, LLC
Case Number:	1:2014cv02602
Filed:	April 24, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Raymond J. Dearie
Presiding Judge:	James Orenstein
Nature of Suit:	Fraud or Truth-In-Lending
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	None

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Date Filed	Document Text
October 15, 2018	Filing 51 MEMORANDUM & ORDER For the reasons discussed: (i) the Court grants the Trustee's cross-motion for leave the file the Third Amended Complaint as the pleading subject to Rule 12(b)(6) analysis; (ii) the Court denies Borgata's motion to dismis s with respect to the third and fourth causes of action (i.e., those pleading actual fraud under NY DCL §276 and Code § 548(a)(1)(A)); and (iii) theCourt grants Borgata's motion to dismiss the first, second and fifth causes of action ( i/e., the claims for constructive fraud under NY DCL §§ 273-a and 275 and for unjust enrichment). It is the Court's hope that the zealously requested discovery will give this proceeding the focus it has been lacking. SO Ordered by Judge Raymond J. Dearie on 10/11/2018. (Ramesar, Thameera)
August 3, 2015	Filing 20 ORDER granting 17 application to file Motion to Intervene. Ordered by Magistrate Judge James Orenstein on 8/3/2015. For the reasons set forth in the attached document, I grant the Trustee's request to file a motion to intervene, supported by a proposed pleading, pursuant to Federal Rule of Civil Procedure 24. I direct the Trustee and the parties to confer and, if they remain in dispute on the request to intervene, submit a jointly proposed briefing schedule by August 10, 2015.(Orenstein, James)

Date Filed

Document Text

October 15, 2018

Filing 51 MEMORANDUM & ORDER For the reasons discussed: (i) the Court grants the Trustee's cross-motion for leave the file the Third Amended Complaint as the pleading subject to Rule 12(b)(6) analysis; (ii) the Court denies Borgata's motion to dismis s with respect to the third and fourth causes of action (i.e., those pleading actual fraud under NY DCL §276 and Code § 548(a)(1)(A)); and (iii) theCourt grants Borgata's motion to dismiss the first, second and fifth causes of action ( i/e., the claims for constructive fraud under NY DCL §§ 273-a and 275 and for unjust enrichment). It is the Court's hope that the zealously requested discovery will give this proceeding the focus it has been lacking. SO Ordered by Judge Raymond J. Dearie on 10/11/2018. (Ramesar, Thameera)

August 3, 2015

Filing 20 ORDER granting 17 application to file Motion to Intervene. Ordered by Magistrate Judge James Orenstein on 8/3/2015. For the reasons set forth in the attached document, I grant the Trustee's request to file a motion to intervene, supported by a proposed pleading, pursuant to Federal Rule of Civil Procedure 24. I direct the Trustee and the parties to confer and, if they remain in dispute on the request to intervene, submit a jointly proposed briefing schedule by August 10, 2015.(Orenstein, James)

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Plaintiff: Barkany Asset Recovery and Management LLC
Represented By:	Alan Harry Katz
Represented By:	Allen C. Wasserman
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Defendant: Marina District Development Co, LLC
Represented By:	Jeremy Klausner
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