Official Committee of Unsecured Creditors et ano v. Haltman, et al.
| Official Committee of Unsecured Creditors of Exeter Holding, Ltd. and Plan Administrator, Gary Herbst |
| 124 New York Avenue Corp., 140 Maggie Drive Corp., 207 Parrish Pond Court West Corp., 22 Bridge Lane Corp., 22 West Hills Court Corp., 29 Mill Farm Lane Corp., 3 Lewis Lane Corp., ABC Corporation(s) 1-100, Arnold and Sondra Frank Irrevocable Trust, B.F., B.F. Trust, Barbara Cohen-Bruce Frank Trust, Barbara Cohen-Larry Frank Trust, Barbara Cohen-Linda Haltman Trust, Begonia Court Corp., Bittersweet Partners Inc., C.H., C.H. Trust, John Doe(s) 1-100, E.F., E.F. Trust, Eden Rock Corp., Arnold Frank, Bruce Frank, Kathleen Frank, Larry Frank, Lester Frank, Ruth Frank, Sondra Frank, Todd Frank, Linda Haltman, Michael Haltman, Ryann Haltman, Samantha Haltman, Hank Frank Trust, J.F., J.F. Trust, K.F., K.F. Trust, Maplewood Associates, Inc., Murray Cohen-Bruce Frank Trust, Murray Cohen-Larry Frank Trust, Murray Cohen-Linda Haltman Trust, Ruth Frank Trust, Ryann Haltman Trust, Samantha Haltman Trust, Short Path House Corp., Sound Side Ventures, Ltd. and Via Trenta Corp. |
| Melanie L. Cyganowski |
| Exeter Holding, Ltd. |
| Adam Markel, Esq. |
| 2:2013cv05475 |
| January 13, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Fraud or Truth-In-Lending |
| 31 U.S.C. ยง 3731 Fraud |
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Filing
364
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 334 Motion for Summary Judgment; denying 342 Motion for Summary Judgment; adopting Report and Recommendations as to 358 Report and Recommendations. Plaintiff's obje ctions are OVERRULED and the R&R (D.E. 358) is ADOPTED in its entirety. Accordingly, (1) Samantha Haltman's motion for summary judgment (D.E. 334) is GRANTED and the Clerk of the Court is directed to TERMINATE Samantha Haltman as a defendant and (2) Plaintiff's motion for summary judgment (D.E. 342) is DENIED. Within thirty (30) days of the date of this Order, the parties are to submit a joint letter advising the Court whether (1) there are any outstanding substantive or scheduling issues to address prior to trial and (2) whether they wish to schedule a settlement conference with Judge Tomlinson. So Ordered by Judge Joanna Seybert on 5/29/2020. C/ECF (Valle, Christine)
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Filing
278
MEMORANDUM & ORDER: SO ORDERED that the motion to dismiss (Docket Entry 240) is GRANTED IN PART AND DENIED IN PART. The fraudulent conveyance claims, the turnover and accounting claim, and the unjust enrichment claim are DISMISSED WITHOUT PREJUDICE a gainst the C.H. Trust, the Ryann Haltman Trust, the Samantha Haltman Trust, the B.F. Trust, the E.F. Trust, the J.F. Trust, the K.F. Trust, the Barbara Cohen - Linda Haltman Trust, the Murray Cohen - Linda Haltman Trust, the Barbara Cohen - Bruce Fra nk Trust, the Murray Cohen - Bruce Frank Trust, the Barbara Cohen - Larry Frank Trust, and the Murray Cohen - Larry Frank Trust, Linda Haltman and Michael Haltman as trustees for the C.H. Trust, the Ryann Haltman Trust, and the Samantha Haltman Trust , Bruce Frank and Kathleen Frank as trustees for the B.F. Trust, E.F. Trust, the J.F. Trust, and the K.F. Trust, and Sondra Frank as trustee for the Barbara Cohen - Linda Haltman Trust, the Murray Cohen - Linda Haltman Trust, the Barbara Cohen - Bruc e Frank Trust, the Murray Cohen - Bruce Frank Trust, the Barbara Cohen - Larry Frank Trust, and the Murray Cohen - Larry Frank Trust. The aiding and abetting claim is DISMISSED WITHOUT PREJUDICE against Samantha Haltman. The Court GRANTS the Committe e leave to amend the Complaint to re-plead the claims dismissed without prejudice within sixty (60) days of the date of this Memorandum and Order. The Complaint is DISMISSED WITH PREJUDICE against C.H., B.F., E.F., J.F., K.F., Ryann Haltman, Linda an d Michael Haltman as guardians of C.H., and Bruce and Kathleen Frank as guardians of B.F., E.F., J.F., and K.F. The Clerk of the Court is directed to TERMINATE C.H., B.F., E.F., J.F., K.F., Ryann Haltman, Linda Haltman as guardian of C.H., Michael Ha ltman as guardian of C.H., Bruce Frank as guardian of B.F., Bruce Frank as guardian of E.F., Bruce Frank as guardian of J.F., Bruce Frank as guardian of K.F., Kathleen Frank as guardian of B.F., Kathleen Frank as guardian of E.F., Kathleen Frank as g uardian of J.F., and Kathleen Frank as guardian of K.F. as defendants in this action. Plaintiff is directed to serve a copy of this Memorandum and Order on the pro se Defendants via first class mail or e-mail and file proof of service on ECF promptly. Ordered by Judge Joanna Seybert on 3/30/2018. (Florio, Lisa)
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Filing
260
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, Plaintiff's objection is OVERRULED (Docket Entry 257), and the R&Rs (Docket Entries 252, 253) are ADOPTED. Plaintiff's motion to substitute (Docket Entr y 227) is GRANTED IN PART and DENIED IN PART. The motion is denied without prejudice and with leave to renew after Ms. Frank's deposition, provided that a personal representative is appointed or the estate has been fully distributed. Plaintiff i s directed to conduct the deposition within forty-five (45) days of the date of this Memorandum and Order. Further, Plaintiff is directed to file the renewed motion to substitute within sixty (60) days of the date of this Memorandum and Order. Furth er, Plaintiff's motion for a default judgment (Docket Entry 233) is GRANTED IN PART and DEFERRED IN PART. The Clerk of the Court is directed to enter a default judgment against Maplewood Associates, Inc. on Counts Five and Thirteen of the Compla int. The calculation of damages against Maplewood is deferred until the claims against the non-defaulting Defendants are resolved. Plaintiff is directed to serve a copy of this Order on the pro se defendants and file proof of service on ECF promptly. So Ordered by Judge Joanna Seybert on 9/11/2017. C/ECF (Valle, Christine)
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Filing
239
MEMORANDUM & ORDER denying 196 Motion to Dismiss; terminating 201 Motion for Discovery; denying 218 Motion to Appoint Counsel; denying 219 Motion to Withdraw; For the foregoing reasons, Defendant Bruce Frank's motion to dismiss and for reconsideration (Docket Entry 196) is DENIED, Defendant Elise Frank's motion to dismiss (Docket Entry 219) is DENIED, and Defendant Bruce Frank's motion to appoint counsel for his minor children, J.F. and B.F (Docket Entry 218) is DENIE D WITHOUT PREJUDICE and with leave to renew. The Clerk of the Court is directed to docket Defendants' motion to dismiss and related briefing (Docket Entries 3-5, 3-6, 3-7, 3-8) as separate entries, designating Docket Entry 3-5 as a motion. Plai ntiff's request for a certificate of default (Docket Entry 221) is DENIED WITHOUT PREJUDICE and with leave to renew pending the Court's determination on the motion to dismiss. Additionally, the Clerk of the Court is directed to TERMINATE AS MOOT Plaintiff's motion for a discovery schedule (Docket Entry 201) in light of the passage of the requested deadlines. To prevent further delay, the Court directs that discovery proceed while the motion to dismiss is pending. After conferring, the parties are directed to file a proposed discovery schedule with Judge Tomlinson within twenty (20) days of the date of this Memorandum and Order. The Court finds that a status conference is unnecessary and DENIES Plaintiff's request (Docket Entry 238) at this time. Plaintiff is directed to serve a copy of this Order on the pro se defendants and file proof of service on ECF promptly. So Ordered by Judge Joanna Seybert on 3/21/2017. C/ECF (Valle, Christine)
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Filing
225
MEMORANDUM & ORDER denying 175 Motion for Reconsideration; denying 183 Motion for Attorney Fees; For the foregoing reasons, the Haltman Defendants' motion for reconsideration (Docket Entry 175) is DENIED and Plaintiff's Fee Application (Docket Entry 183) is DENIED WITHOUT PREJUDICE. So Ordered by Judge Joanna Seybert on 9/21/2016. C/ECF (Valle, Christine)
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Filing
188
ORDER granting 110 Motion to Compel. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/25/2016. (Roman, Joshua)
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Filing
172
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 152) is ADOPTED in its entirety and the Haltman Defendants' motion to strike (Docket Entry 71) is DENIED. So Ordered by Judge Joanna Seybert on 1/13/2016. C/ECF (Valle, Christine)
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