Wilson v. Dalene et al
| Robert A. Wilson |
| Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc., Raich Ende Malter & Co., LLP and Moritt Hock & Hamroff, LLP |
| 2:2009cv01394 |
| April 3, 2009 |
| US District Court for the Eastern District of New York |
| Stockholders Suits Office |
| Suffolk |
| E Thomas Boyle |
| Joanna Seybert |
| Stockholders Suits |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 133 Notice of Related Case: 21-cv-2499-JS-JMW The Case was directly assigned as a related Pro Se/Habeas Case. (Cox, Dwayne) |
| Filing 132 MANDATE of USCA as to #129 Notice of Appeal filed by Robert A. Wilson. Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED because it lacks an arguable basis in law or fact. USCA # 11-0528. (Russo, Eric) |
Filing 131
MEMORANDUM AND ORDER denying #130 Motion for Reconsideration. For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. So Ordered by Judge Joanna Seybert on 11/15/11. C/M; C/ECF (Valle, Christine)
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| Filing 130 Letter MOTION for Reconsideration Re: #127 Order on Motion; #128 Clerk's Judgment, by Robert A. Wilson. (Valle, Christine) |
| Filing 129 NOTICE OF APPEAL as to #127 Order on Motion to Dismiss,,,,, #128 Clerk's Judgment, by Robert A. Wilson. IFP status stands through the appeal process. (Romano, Daniel) |
| Electronic Index to Record on Appeal sent to US Court of Appeals #129 Notice of Appeal. Please note: The documents (1-129 ) in this case are online and may be downloaded. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) |
| Filing 128 JUDGMENT - ORDERED AND ADJUDGED that Plaintiff take nothing of the Defendants; that Defendants' motions to dismiss are granted; that Plaintiff's Second Amended Complaint is dismissed with prejudice; that all other pending motions are denied as moot; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk on 1/24/11. C/M; C/ECF (Valle, Christine) |
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Filing 127
ORDER granting #103 Motion to Dismiss; granting #107 Motion to Dismiss; granting #108 Motion to Dismiss. Plff's second amended complaint is dismissed with prejudice. All other pending motions are denied as moot. The Clerk of the Court is directed to mark this matter as closed. Ordered by Judge Joanna Seybert on 1/21/2011. cm (Brienza, Lauren)
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| Filing 126 Letter in response to plaintiff's letter to court dated 1-13-11 by Moritt Hock Hamroff & Horwitz, LLP (Bizzaro, Matthew) |
| Filing 124 Letter MOTION to Compel the Court for an Order to return stock and control of Hamptons Luxury Homes, Inc. by Robert A. Wilson. (Valle, Christine) |
| Filing 125 Letter to Mag. Judge Boyle from Robert A. Wilson : In re: Order of January 7, 2011 rescheduling the conference of January 19, 2011 to June 16, 2011. (Lundy, Lisa) |
| Filing 123 AFFIDAVIT of Service for Scheduling Order #122 served on Robert A. Wilson on January 7, 2011, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Mulry, Kevin) |
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Filing 122
SCHEDULING ORDER: The telephone conference previously scheduled for January 19, 2011 at 10:00 a.m. is rescheduled to June 16, 2011 at 10:30 a.m. Defendants' counsel shall initiate the call and have all parties on the line before connecting chambers (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). All counsel must participate. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 1/7/2011. (c/m to pro se plaintiff)
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| Filing 121 REPLY MEMORANDUM OF LAW Opposing Defendants Motion to Dismiss. Filed filed by Robert A. Wilson. (Attachments: #1 Letter, #2 Affirmation of Service) (Coleman, Laurie) |
| Filing 120 AFFIDAVIT of Service for Notice of Electronic Filing of Order Denying Motion for Entry of Default served on Robert A. Wilson on December 13, 2010, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Incorrect Case/Document/Entry Information - Document #111 filed on 12/6/10 by William Kelly as "Motion to Dismiss" has been modified to reflect correct entry information. This document is a Memorandum of Law and NOT a Motion. All corrections have been entered. (Valle, Christine) |
| Incorrect Case/Document/Entry Information - Documents 104, 105 and 106 filed on 12/3/10 as "Motions to Dismiss" have been modified to reflect correct entry information; these are supporting documents and NOT Motions. All corrections have been entered. (Valle, Christine) |
| Filing 119 Letter from Robert A. Wilson to Honorable Judge Joanna Seybert, dated December 8, 2010 re: To request that the Court respond to pltff's #102 Letter request for an "emergency conference". (Fagan, Linda) |
| Filing 118 AFFIDAVIT of Service of Reply Memorandum of Law in Support of the HLXH Defendant's Motion to Dismiss the Second Amended Complaint on December 14, 2010, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Mulry, Kevin) |
| Filing 117 NOTICE by Moritt Hock Hamroff & Horwitz, LLP of Entry (Bizzaro, Matthew) |
| Filing 116 REPLY in Support re #108 MOTION to Dismiss Second Amended Complaint, dated December 14, 2010, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Attachments: #1 Appendix) (Mulry, Kevin) |
| Filing 115 MEMORANDUM in Support of Motion and in Opposition to Plaintiff's Motion filed by Moritt Hock Hamroff & Horwitz, LLP. (Bizzaro, Matthew) |
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ORDER denying #114 Motion for Entry of Default. Motion denied. Defendants did not default; they moved to dismiss in a timely fashion. See #103 , #107 , #108 . Defendants are ORDERED to serve a copy of this Electronic Order upon the pro se Plaintiff. Ordered by Judge Joanna Seybert on 12/13/2010. (Oslick, Jacob)
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| Filing 114 MOTION for Entry of Default by Robert A. Wilson. (Attachments: #1 Affidavit of Service) (Brienza, Lauren) |
| Filing 113 MEMORANDUM in Opposition re #111 MOTION to Dismiss with Table of Contents, #104 MOTION to Dismiss filed by Robert A. Wilson. (Attachments: #1 Affidavit of Service) (Bollbach, Jean) |
| Motions terminated; docketed incorrectly Re: #111 MOTION to Dismiss with Table of Contents filed by Raich Ende Malter & Co., LLP. (Valle, Christine) |
| Filing 112 AFFIDAVIT/AFFIRMATION Certificate of Service for Motion to Dismiss Second Amended Complaint by Raich Ende Malter & Co., LLP (Kelly, William) |
| Filing 111 MEMORANDUM OF LAW with Table of Contents Re: #107 MOTION to Dismiss by Raich Ende Malter & Co., LLP. (Kelly, William) Modified on 12/20/2010 to correct entry information. (Valle, Christine). |
| Filing 110 AFFIDAVIT of Service re: #108 , #109 on December 3, 2010, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Motions terminated; docketed incorrectly Re: #106 MOTION to Dismiss (Memorandum of Law in Support of Motion to Dismiss), #104 MOTION to Dismiss, #105 MOTION to Dismiss (Affidavit of Lee Mendelson in Support of Motion) filed by Moritt Hock Hamroff & Horwitz, LLP. (Valle, Christine) |
| Filing 109 MEMORANDUM in Support re #108 MOTION to Dismiss Second Amended Complaint, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Filing 108 MOTION to Dismiss Second Amended Complaint, by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Filing 107 MOTION to Dismiss Second Amended Complaint by Raich Ende Malter & Co., LLP. (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Declaration Declaration of Peter J. Larkin, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H) (Kelly, William) |
| Filing 106 MEMORANDUM OF LAW Law in Support Re: #103 Motion to Dismiss by Moritt Hock Hamroff & Horwitz, LLP. (Bizzaro, Matthew) Modified on 12/20/2010 to correct entry information. (Valle, Christine). |
| Filing 105 AFFIDAVIT of Lee Mendelson in Support Re: #103 MOTION to Dismiss by Moritt Hock Hamroff & Horwitz, LLP. (Bizzaro, Matthew) Modified on 12/20/2010 to correct entry information. (Valle, Christine). |
| Filing 104 AFFIDAVIT of Matthew Bizzaro in Support Re: #103 MOTION to Dismiss by Moritt Hock Hamroff & Horwitz, LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit) (Bizzaro, Matthew) Modified on 12/20/2010 to correct entry information. (Valle, Christine). |
| Filing 103 MOTION to Dismiss by Moritt Hock Hamroff & Horwitz, LLP. (Bizzaro, Matthew) |
| Filing 101 Letter by Moritt Hock Hamroff & Horwitz, LLP (Bizzaro, Matthew) |
| Filing 102 Letter from Robert A. Wilson to Hon. Judge Joanna Seybert dated 11/23/10 re: Request that a conference be set for 12/7/10 and for emergency relief. (Padilla, Kristin) |
| Filing 100 Letter re: Response to Plaintiff's Letter dated November 23, 2010 by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (Wicks, James) |
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Filing 99
ORDER OF RECUSAL. Judge Joseph F. Bianco recused. Case reassigned to Judge Joanna Seybert for all further proceedings. Ordered by Judge Joseph F. Bianco on 11/12/2010. (Bollbach, Jean)
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| Filing 98 Minute Entry for proceedings held before Judge Joseph F. Bianco: Telephone Status Conference held on 11/12/2010. Case called. Counsel for all sides present. Conference held. Other: Judge Bianco recuses himself upon the filing of Notice of Appearance of Kevin Mulry. Parties agree that the time to respond to the Amended Complaint is extended to December 3, 2010. (Tape #FTR: 9:38-9:46.) (Glueckert, Lisa) |
| Filing 97 NOTICE of certified mail receipt returned #7005 1820 0004 0293 2357 signed and dtd 10/16/10 (Bollbach, Jean) |
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Filing 96
ORDERED that court has received plaintiff's amended complaint/order to show cause and his letter dtd. 11/9/10. ORDERED that parties participate in a telephone conf. on 11/12/10 at 9:30 am; defts counsel to initiate the call. Ordered by Judge Joseph F. Bianco on 11/9/2010. (Bollbach, Jean)copy mailed by chambers
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| Filing 95 Letter dtd. 11/9/10 from plaintiff pro se to Judge Bianco RE: asked that case be fast tracked (Bollbach, Jean) (Main Document 95 replaced on 11/9/2010) (Bollbach, Jean). |
| Filing 94 NOTICE of Appearance by Kevin Patrick Mulry on behalf of Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (aty to be noticed) (Mulry, Kevin) |
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Filing 93
ORDER TO SHOW CAUSE (submitted unsigned) for the enforcement of 17 cfr 230.419(e)(2)(iv) and summary judgment for damages (Attachments: #1 part 1, #2 part 2, #3 affirmation, #4 in support of sunnary judgment, #5 second amended complaint, #6 affirmation) (Bollbach, Jean)
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Filing 92
ORDERED that plaintiff shall file the second amended complaint by 12/15/10. If plaintiff wishes additional time, plaintiff may request an extension of that deadline. Ordered by Judge Joseph F. Bianco on 10/13/2010. (Bollbach, Jean)cm cm rrr 7005 1820 0004 0293 2357
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| Filing 91 Letter dtd. 10/12/10 from pro se to Judge Bianco RE: ready to proceed with the filing of the second amended complaint (Bollbach, Jean) |
| PETITION FOR A WRIT OF MANDAMUS is denied. USCA no.10-1412 (Romano, Daniel) |
| Filing 90 AFFIDAVIT of Service for Order of Magistrate Judge Boyle dated May 10, 2010 served on Robert A. Wilson on 05/11/10, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
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Filing 89
SCHEDULING ORDER: The status conference previously scheduled for May 11, 2010 at 10:00 a.m. is rescheduled to January 19, 2011 at 10:00 a.m. by telephone. Defendants' counsel shall initiate the call and have all parties on the line before connecting chambers (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). All counsel must participate. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 5/10/2010. Defendants' counsel is directed to notify all parties of this order upon receipt. (c/m to pro se plaintiff) (Joy, Dolores)
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| Filing 88 SUMMONS Returned Executed by Robert A. Wilson. (Bollbach, Jean) |
| Filing 87 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 4/19/2010. (Court Reporter ftr 9:40 - 9:54.) (Bollbach, Jean) |
| Filing 86 Letter dtd. 4/13/10 from plaintiff to Judge Bianco RE: status of case (Bollbach, Jean) |
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ORDER terminating #79 Motion for Writ; granting #81 Motion for Pre Motion Conference; granting #83 Motion for Pre Motion Conference; granting #84 Motion for Hearing. As discussed on this morning's conference call, Mr. Wilson is filing the motion for writ of mandamus with the appropriate office at the Second Circuit. Mr. Wilson does not intend to refile an amended complaint at present and this Court stays all proceedings while awaiting determination of writ. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/16/2010. (Weisgerber, Erica)
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Filing 85
ORDER: The telephone conference previously set for 4/19/10 will now be held on Friday, 4/16/10 at 9:30 AM. Counsel for dfts shall initiate the call and once all parties are on the line, contact Chambers at 631-712-5670. Ordered by Judge Joseph F. Bianco on 4/15/2010. (Brienza, Lauren)
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| Filing 84 Letter MOTION for Hearing for immediate conference regarding Plaintiff's behavior by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Filing 83 Letter MOTION for pre motion conference by Moritt Hock Hamroff & Horwitz, LLP. (Bizzaro, Matthew) |
| Filing 82 Letter to Hon. Joseph F. Bianco in further support of April 12, 2010 Letter by HLXH Defendants by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (Attachments: #1 Email and Letter from Plaintiff) (Wicks, James) |
| Filing 81 Letter MOTION for pre motion conference Concerning certain communications by Plaintiff Robert Wilson to the HLXH Defendants by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Attachments: #1 Subpoena to Produce) (Wicks, James) |
| Filing 79 MOTION for Writ of mandamus to recues Judge Joseph F. Bianco (US Court of Appeals for the Second Circuit). (Bollbach, Jean) |
| Filing 80 PROCESS RECEIPT AND RETURN for Summons & Complaint, returned executed by U.S. Marshals Service for Robert A. Wilson. Raich Ende Malter & Co., LLP, by service upon Robin Hoyt, Legal Secretary on 1/19/2010, answer due 2/9/2010. (Fagan, Linda) |
| Filing 78 Letter dtd. 4/5/10 from Mr. Wilson to Judge Bianco RE: after reading your memo and order dtd. 3/29/10 I am more incensed than I was on Thursday. (Bollbach, Jean) |
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Filing 77
ORDER dtd. 4/1/1- - plaintiffs request for an emergency hearing is denied. Any additional motions that Mr. Wilson would like to make will be addressed at the 4/19/10 hearing.. Ordered by Judge Joseph F. Bianco on 4/1/2010. (Bollbach, Jean)
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| Filing 76 Letter undated from plaintiff to Judge Bianco RE: asking for a hearing (Bollbach, Jean) |
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Filing 75
ORDER granting #32 Motion to Dismiss; granting #34 Motion to Dismiss; granting #35 Motion to Dismiss; denying #36 Motion to Dismiss; denying #36 Motion for Summary Judgment; adopting in part Report and Recommendations as to #62 Report and Recommendations. For the reasons contained herein, the Court adopts the R&R with the exception of the statute of limitations issue. Accordingly, the defendants motion to dismiss on statute of limitations grounds is denied, but the motion to dismiss on the other grounds identified in the R&R is granted for the reasons set forth in the R&R. Given the dismissal of the complaint, plaintiffs motion for summary judgment is denied. However, plaintiff is granted leave to file a Second Amended Complaint to address the pleading defects identified by the Court in the R&R and this Memorandum and Order. The Court will conduct a telephone conference on Monday, April 19, 2010, at 11:00 a.m., to discuss the schedule for the filing of the Second Amended Complaint and any other issues the parties wish to address. A copy of this Order and the R&R has been mailed to pro se plaintiff. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/29/2010. (Weisgerber, Erica)
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| Filing 74 AFFIRMATION of service of copy of letter dtd. 3/1/10 by Robert A. Wilson (Bollbach, Jean) |
| Filing 73 AFFIRMATION of service by Robert A. Wilson of response upon defts (Bollbach, Jean) |
| Filing 72 REPLY to HLXH DEFTS RESPONSE TO PLSINTIFFS OBJECTION TO M.J. BOYLE"S REPORT :to Response to Motion re #62 REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy DaleneREPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy DaleneREPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy DaleneREPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy Dalene filed by Robert A. Wilson. (Bollbach, Jean) |
| Filing 71 CERTIFICATE OF SERVICE by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. re #69 Reply in Opposition (Cases Exclusively Reported Electronically) (Bauknight, Lucia) |
| Filing 70 AFFIDAVIT/AFFIRMATION re #65 Objection to Report and Recommendations by Moritt Hock Hamroff & Horwitz, LLP (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Affidavit of Service) (Bizzaro, Matthew) |
| Filing 69 REPLY in Opposition re #65 Objection to Report and Recommendations filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Attachments: #1 Certificate of Service) (Wicks, James) |
| Filing 68 Letter to Hon. Bianco confirming no need to serve additional response by Moritt Hock Hamroff & Horwitz, LLP (Bizzaro, Matthew) |
| Filing 67 Letter dtd. 1/4/10 from Mr. Wilson to M.J. E. Thomas Boyle RE: disturbed by your statements about the defts motion to dismiss. (Bollbach, Jean) |
| Filing 66 AFFIRMATION OF SERVICE re #65 Objection to Report and Recommendations by Robert A. Wilson (Bollbach, Jean) |
| Filing 65 OBJECTION to #62 Report and Recommendations filed by Robert A. Wilson. (Bollbach, Jean) |
| Filing 64 SUMMONS Returned Executed by Robert A. Wilson. Frank Dalene served on 12/2/2009, answer due 12/23/2009; Roy Dalene` served on 12/2/2009, answer due 12/23/2009; Hamptons Luxury Homes, Inc. served on 12/2/2009, answer due 12/23/2009; Moritt Hock Hamroff & Horwitz, LLP served on 12/2/2009, answer due 12/23/2009. (Bollbach, Jean) |
| Filing 63 CERTIFICATE OF SERVICE by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. re #62 REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy Dalene REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy Dalene REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy Dalene REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy Dalene (Bauknight, Lucia) |
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Filing 62
REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss filed by Moritt Hock Hamroff & Horwitz, LLP, #35 MOTION to Dismiss filed by Raich Ende Malter & Co., LLP, #32 MOTION to Dismiss the action filed by Hamptons Luxury Homes, Inc., Roy Dalene`, Frank Dalene, #36 MOTION to Dismiss MOTION for Summary Judgment filed by Robert A. Wilson: For the reasons contained in the attached Report & Recommendation, I recommend that defendants' motions to dismiss be granted and that plaintiff's Amended Complaint be dismissed in its entirety. In light of this recommendation, I further recommend that plaintiff's cross-motion for summary judgment be denied as moot. Defendants' counsel is directed to serve a copy of the R&R on plaintiff upon receipt. SEE R&R for further details. Objections to R&R due by 1/21/2010. So Ordered by Magistrate Judge E. Thomas Boyle on 1/4/2010 (c/m to pro se plaintiff).
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| Filing 61 MEMORANDUM in Opposition to Robert Wilson's Appeal of Magistrate Judge Boyle's November 24, 2009 Order filed by Raich Ende Malter & Co., LLP. (Bautista, Gregory) |
| Filing 60 MEMORANDUM in Opposition re #55 Order,, dated November 24, 2009 which is the subject of Plaintiff's Appeal filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Attachments: #1 Unreported Cases, #2 Affidavit of Service Robert A. Wilson, #3 Certificate of Service All Other Parties) (Wicks, James) |
| Filing 59 AFFIDAVIT/AFFIRMATION re #56 Affidavit by Moritt Hock Hamroff & Horwitz, LLP (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 2 Part 1, #6 Exhibit 2 Part 2, #7 Exhibit 2 Part 3, #8 Exhibit 2 Part 4, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13, #20 Affidavit of Service, #21 Memorandum in Opposition) (Rice, Marian) |
| Filing 56 AFFIDAVIT/AFFIRMATION re #55 Order to Show Cause by Robert A. Wilson. Attached is the complete Affirmation in Support of the Order to Show Cause filed by Robert A. Wilson. (Weisgerber, Erica) |
| Filing 57 Letter dtd. 12/8/09 from Judge Dearie to Mr. Robert Wilson RE: acknowledge receipt of your correspondence dtd. 11/23/09. I am without authority to act and an forwarding it to Judge Bianco and M.J. Boyle for action that deems appropriate. (Bollbach, Jean) |
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Filing 55
ORDER that order to show cause and accompanying exhibits objecting to 11/24/09 order of MJ Boyle. This is properly treated as an appeal of m.J. order. Defts shall submit opposition papers to plaintiffs appeal by 12/23/09. To the extent that plaintiff also appeals the pending motion to dismiss, that appeal is premature because m.J. Boyle has not issued a Report and Recommendation on that motion. Ordered by Judge Joseph F. Bianco on 12/7/2009. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5) (Bollbach, Jean)
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| Filing 54 NOTICE. The enclosed document (letter to Judge Boyle dated December 2, 2009 from plaintiff, Robert A. Wilson) is being returned for the following reason: Motions/letters will not be accepted without indication of service upon all parties. (c/m to pro se plaintiff) |
| Filing 53 NOTICE of Appearance by Matthew J. Bizzaro on behalf of Moritt Hock Hamroff & Horwitz, LLP (aty to be noticed) (Bizzaro, Matthew) |
| Filing 58 Letter dtd. 11/23/09 to Judge Dearie from Robert Wilson RE: writing you due to the incompetence of the judges under your management. (Bollbach, Jean) |
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Filing 51
ORDER. Based on the abusive language used by the pro se plaintiff, Robert A. Wilson, directed at a member of my chamber's staff, plaintiff is hereby directed that all future communication with the court shall only be in writing, on notice to all parties or, when requested by the court, orally in open court. The plaintiff shall not, without prior written approval, make any phone communication with my chambers. Ordered by Magistrate Judge E. Thomas Boyle on 11/24/2009. (c/m to pro se plaintiff) (Joy, Dolores)
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Filing 50
ORDER granting #49 Motion for Reconsideration. For that reason, the motion for reconsideration is granted, and the order dated November 18, 2009 is hereby vacated. For all of the foregoing reasons, the court stays discovery in this action, pending the outcome of the pending motions to dismiss. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 11/24/2009. (c/m to pro se plaintiff) (Joy, Dolores)
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| Filing 52 Letter to Magistrate Judge Boyle from Robert A. Wilson dated 11/20/09; In re In opposition to Motion for a stay of discovery by James Wicks. (Lundy, Lisa) |
| Filing 49 MOTION for Reconsideration re Order,,, by Robert A. Wilson. (Lundy, Lisa) |
| Filing 48 AFFIDAVIT of Service for Courts Endorsed Order filed 11/18/09 served on Robert A. Wilson on November 19, 2009, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Bauknight, Lucia) |
| Filing 47 Letter to Mag. Judge Boyle from Robert Wilson dated 11/13/09; In re: letter concerning the scheduling conference for 12/4/09 at 10:00 a.m. Request direction from the court as how to proceed. (Lundy, Lisa) |
| Filing 46 AFFIDAVIT of Service for Letter motion requesting a stay of discovery served on Robert A. Wilson on 11/18/09, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Bauknight, Lucia) |
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ENDORSED ORDER re #44 Letter. The defendants raise substantial issues which address all causes of action in the pro se PSLRA complaint for which the mandatory stay of discovery applies. Accordingly, this application is granted. Discovery is stayed pending the outcome of the motions to dismiss. The initial conference scheduled for December 4, 2009 is canceled. A status conference shall be held on May 11, 2010 at 10:00 a.m. by phone. Defendants' counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 11/18/2009. Defendants' counsel is directed to notify all parties of this order upon receipt. (Joy, Dolores)
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| Filing 45 AFFIDAVIT of Service for letter motion to Magistrate Boyle requesting a stay of discovery served on Robert A. Wison on November 14, 2009, filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Bauknight, Lucia) |
| Filing 44 Letter by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (Bauknight, Lucia) |
| MOTIONS REFERRED: #34 MOTION to Dismiss, #35 MOTION to Dismiss, #32 MOTION to Dismiss the action, #36 MOTION to Dismiss MOTION for Summary Judgment. Motions referred to E. Thomas Boyle. (Mahon, Cinthia) |
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ORDER. IT IS HEREBY ORDERED that defendant's motion to dismiss and the opposing cross-motion are referred to Magistrate Judge Boyle for a report and recommendation. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/6/2009. (Weisgerber, Erica)
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| Summons Issued as to Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc., Moritt Hock Hamroff & Horwitz, LLP, Raich Ende Malter & Co., LLP. All parties served c/o their counsel. (Glueckert, Lisa) |
| Filing 43 Rebuttal to defts motion of Aug. 17, 2009 by Robert A. Wilson (Attachments: #1 statement of material facts, #2 Affidavit) (Bollbach, Jean) |
| Filing 42 CERTIFICATE OF SERVICE by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. re #39 Memorandum in Support, #38 Declaration, completed on August 17, 2009 (Bauknight, Lucia) |
| Filing 41 REPLY in Support of Motion to Dismiss filed by Raich Ende Malter & Co., LLP. (Attachments: #1 Exhibit Exhibit A, #2 Certificate of Service Certificate of Service) (Kelly, William) |
| Filing 40 REPLY to Response to Motion re #34 MOTION to Dismiss, AFFIDAVIT/DECLARATION in Opposition re #34 MOTION to Dismiss, #36 MOTION to Dismiss MOTION for Summary Judgment, REPLY in Support re #34 MOTION to Dismiss, #36 MOTION to Dismiss MOTION for Summary Judgment filed by Moritt Hock Hamroff & Horwitz, LLP. (Attachments: #1 Memorandum in Support) (Rice, Marian) |
| Filing 39 MEMORANDUM in Support re #38 Declaration, of defendants Frank Dalene, Roy Dalene and Hamptons Luxury Homes, Inc's motion to dismiss and in opposition to cross motion filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Filing 38 DECLARATION re #32 MOTION to Dismiss the action in further support of the motion to dismiss and in opposition to the cross motion by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C") (Wicks, James) |
| Filing 37 SUPPLEMENTAL AFFIRMATION of Robert A. Wilson in further Support re #36 MOTION to Dismiss MOTION for Summary Judgment, filed by Robert A. Wilson. (Fagan, Linda) |
| Filing 36 MOTION to Dismiss, MOTION for Summary Judgment by Robert A. Wilson. (Attachments: #1 Affidavit, #2 Affidavit) (Bollbach, Jean) |
| Filing 35 MOTION to Dismiss by Raich Ende Malter & Co., LLP. Responses due by 7/31/2009 (Attachments: #1 Affidavit in Support Declaration of Peter J. Larkin, #2 Exhibit Exhibit A - Plaintiff's Amended Complaint, #3 Exhibit Exhibit B - HLXH 2002 10-KSB, #4 Exhibit Exhibit C - 2003 HLXH 10-KSB, #5 Exhibit Exhibit D - 2006 HLXH 10-KSB, #6 Exhibit Exhibit E - 2007 HLXH 10-K/A, #7 Memorandum in Support Memorandum in Support of Motion to Dismiss, #8 Certificate of Service Certificate of Service) (Kelly, William) |
| Filing 34 MOTION to Dismiss by Moritt Hock Hamroff & Horwitz, LLP. Responses due by 7/31/2009 (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 1 - Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 1 Part 5, #6 Exhibit 2 Part 1, #7 Exhibit 2 Part 2, #8 Exhibit 2 Part 3, #9 Exhibit 2 Part 4, #10 Exhibit 3, #11 Affidavit of Service Affidavit of Service to Motion, #12 Memorandum in Support) (Rice, Marian) |
| Filing 33 MEMORANDUM in Support re #32 MOTION to Dismiss the action filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Attachments: #1 Certificate of Service) (Wicks, James) |
| Filing 32 MOTION to Dismiss the action by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. Responses due by 7/13/2009 (Attachments: #1 Declaration of James M. Wicks, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Certificate of Service) (Wicks, James) |
| Filing 31 AFFIRMATION of Robert A. Wilson (Bollbach, Jean) |
| Filing 30 AMENDED COMPLAINT /Jury Demand against Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc., Raich Ende Malter & Co., LLP, Moritt Hock Hamroff & Horwitz, LLP, filed by Robert A. Wilson. (Fagan, Linda) |
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Filing 29
ORDER- plaintiff's motion for PRELIMINARY INJUNCTION - DENIED; amended complaint shall be file by 5/27/09. Defts may move for dismissal of any claims by 6/26/09. Plaintiffs opposition to defts motion to dismiss and any cross-motion shall be filed by 7/31/09 and defts may submit their reply to their motion to dismiss and any oppositon to plaintiffs cross-motion by 8/17/09. Plaintiffs reply to his cross-motion shall be filed by 8/31/09. Ordered by Judge Joseph F. Bianco on 4/29/2009. (Bollbach, Jean)
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| Filing 28 NOTICE of Appearance by Peter J. Larkin on behalf of Raich Ende Malter & Co., LLP (aty to be noticed) (Larkin, Peter) |
| Filing 27 Letter to court stating that plaintiffs address has been changed to Robert A. Wilson 19 Mary's Lane Southampton, NY 11968 (Attachments: #1 exhibit 1, #2 exhibit 2, #3 exhibit 3) (Bollbach, Jean) |
| Filing 26 SUMMONS Returned Executed by Robert A. Wilson. Frank Dalene served on 4/8/2009, answer due 4/28/2009; Roy Dalene` served on 4/8/2009, answer due 4/28/2009; Hamptons Luxury Homes, Inc. served on 4/8/2009, answer due 4/28/2009; Raich Ende Malter & Co., LLP served on 4/8/2009, answer due 4/28/2009; Moritt Hock Hamroff & Horwitz, LLP served on 4/8/2009, answer due 4/28/2009. (Bollbach, Jean) |
| Filing 25 Minute Order. for proceedings held before Judge Joseph F. Bianco: case called; conf. held; argument heard; decision: Denied on preliminary injunction motion; motion to dismiss to be filed by 6/26/09; reply by 8/17/09 on motion to dismiss; reply by 8/31/09 on cross motion; plaintiff to file amended complaint to be filed by 5/27/09 denying #22 and #23 Motion (Court Reporter FTR 3:16 - 3:43.) (Bollbach, Jean) |
| Filing 24 Corporate Disclosure Statement by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (Wicks, James) |
| Filing 23 Letter MOTION to Dismiss / Request Pre-Motion Conference by Raich Ende Malter & Co., LLP. (Kelly, William) |
| Filing 22 Letter MOTION for Hearing regarding filing a motion to dismiss by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Filing 21 Letter Requesting Pre-Motion Conference by Moritt Hock Hamroff & Horwitz, LLP (Rice, Marian) |
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Filing 20
SCHEDULING ORDER: Initial Conference set for 12/4/2009 10:00 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plaintiff pro se is obligated to serve a copy of this order on each defendant.. Ordered by Magistrate Judge E. Thomas Boyle on 4/22/2009. C/M (Lundy, Lisa)
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Filing 19
ORDER granting #17 Motion to Adjourn Conference; conf. will now be held on 4/27/09 at 3:00 pm in Courtroom 920 Federal Plaza, Central Islip. Ordered by Judge Joseph F. Bianco on 4/21/2009. (Bollbach, Jean) copy mailed by chambers
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| Filing 18 CERTIFICATE OF SERVICE by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. re #13 Memorandum in Opposition, #14 Corporate Disclosure Statement, #12 Affidavit in Opposition to Motion, (Bauknight, Lucia) |
| Filing 17 Letter MOTION to Adjourn Conference (preliminary injunction hearing) by Moritt Hock Hamroff & Horwitz, LLP. (Rice, Marian) |
| Magistrate Judge E. Thomas Boyle added to case by random selection. (McMahon, Carol) |
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Filing 16
ORDER OF RECUSAL-Magistrate Judge A. Kathleen Tomlinson recused. (Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/17/2009) (Montero, Edher)
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| Filing 14 Corporate Disclosure Statement by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (Wicks, James) |
| Filing 13 MEMORANDUM in Opposition To Plaintiff's Motion For A Preliminary Injunction filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Wicks, James) |
| Filing 12 AFFIDAVIT/DECLARATION in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Wicks, James) |
| Filing 11 MEMORANDUM in Opposition to Plaintiff's motion for a Preliminary Injunction filed by Raich Ende Malter & Co., LLP. (Kelly, William) |
| Filing 10 AFFIDAVIT/DECLARATION in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Moritt Hock Hamroff & Horwitz, LLP. (Attachments: #1 Exhibit Exhibit 1 / Part A, #2 Exhibit Exhibit 1 - Part B, #3 Exhibit Exhibit 1 - Part C, #4 Exhibit Exhibit 1 - Part D, #5 Exhibit Exhibit 1 - Part E, #6 Exhibit Exhibit 2, #7 Exhibit Exhibit 3) (Rice, Marian) |
| Filing 9 NOTICE of Appearance by Lucia Deschamps Bauknight on behalf of Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (aty to be noticed) (Bauknight, Lucia) |
| Filing 8 NOTICE of Appearance by James M. Wicks on behalf of Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc. (aty to be noticed) (Wicks, James) |
| SCHEDULING NOTICE as to the Preliminary Injunction Heaaring scheduled for 4/17/2009 has been rescheduled by the Court to 4/22/2009 at 3:30 p.m. (Ryan, Mary) |
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Filing 15
ORDERED that preliminary injunction hearing is now set for 4/22/2009 03:30 PM in Courtroom 920 before Judge Joseph F. Bianco.. Ordered by Judge Joseph F. Bianco on 4/15/2009. (Bollbach, Jean)
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| Filing 7 Letter dtd. 4/7/09 from pro se to plaintiff RE: this will acknowledge receipt of your civil complaint (Bollbach, Jean) |
| Summons Issued as to Frank Dalene, Roy Dalene`, Hamptons Luxury Homes, Inc., Raich Ende Malter & Co., LLP, Moritt Hock Hamroff & Horwitz, LLP. (Bollbach, Jean) |
| Case Ineligible for Arbitration (Bollbach, Jean) |
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Filing 6
ORDER denying #4 Motion for TRO; granting #5 Motion for Leave to Proceed in forma pauperis: The United States Marshal Service is directed to serve the complaint, plaintiff's motion papers and a copy of this order upon the defts without prepayment of fees by Thursday 4/9/09. It is further ordered that defts respond to plaintiff's motion for preliminary injunction by 4/16/09; FURTHER ORDERED that the parties appear for a hearing before the undersigned on the motion for preliminary injunction on 4/17/09 at 11:30 am in Courtroom 920 in Central Islip.. Ordered by Judge Joseph F. Bianco on 4/3/2009. (Bollbach, Jean)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Robert A. Wilson. (Romano, Daniel) (Romano, Daniel). |
| Filing 4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Robert A. Wilson. (Attachments: #1 part 2, #2 part 3) (Romano, Daniel) |
| Filing 3 Proposed Order to Show Cause by Robert A. Wilson (Romano, Daniel) |
| Filing 2 Minute Entry for proceedings held before Judge Joseph F. Bianco:Show Cause Hearing held on 4/3/2009; case called; all sides present; TRO denied, Preliminary injunction hearing set for 4/17/09 at 11:30 am (Court Reporter FTR 3:38 - 3:46 and 4:20 -4:22.) (Bollbach, Jean) |
| Filing 1 COMPLAINT against all defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Robert A. Wilson. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 Civil Cover Sheet) (Romano, Daniel) |
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