U.S. Small Business Administration v. Feinsod et al
| U.S. Small Business Administration as Receiver of Elk Associates Funding Corp. |
| Silvia Mullens, Howard Sommer, Ivan J. Wolpert, Elliott Singer, Gary Granoff and Murray Indick |
| John Laird, Peter Boockvar, Richard Feinstein, Michael Feinsod and Steven Etra |
| U.S. Small Business Administration |
| John Desmond |
| 2:2017cv03586 |
| June 14, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J Feuerstein |
| Steven I Locke |
| Joanna Seybert |
| Anne Y Shields |
| James M Wicks |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 754 Receiver of Property in Different Districts |
| Defendant |
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ELECTRONIC SCHEDULING ORDER: The Court is in receipt of the parties' proposed briefing schedule concerning Plaintiff's and Defendants' Motions for Summary Judgment (hereafter, the "Subject Motions") (see ECF Nos. #223 , #225 , #228 ). In light of the parties' scheduling request and the numerous upcoming federal holidays, the Court approves the proposed briefing schedule. Accordingly: (1) On or before November 29, 2023, the parties shall file their respective oppositions to the Subject Motions; and (2) On or before December 20, 2023, the parties shall file their replies, if any, in further support of their respective Subject Motions. The parties are ON NOTICE: Given the generous time afforded the parties, NO further extends on this briefing schedule will be granted absent good cause shown. Ordered by Judge Joanna Seybert on 11/7/2023. (AME)
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| Filing 261 Letter to the Honorable Joanna Seybert of the parties proposed schedule to complete briefing on their summary judgment motions in accordance with this Court's September 29, 2023 Order (ECF Doc. 259) by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 260 MEMORANDUM in Support / Amended Memorandum of Law in Support of Plaintiff U.S. Small Business Administration as Receiver of Elk Associates Funding Corp.'s Motion for Summary Judgment Against Defendant Michael Feinsod and Defendant Richard Feinstein and for Summary Judgment Dismissing Defendants' Affirmative Defenses (ECF Doc. 223), directed to be filed by this Court's September 29, 2023 Memorandum & Order (ECF Doc. 259) filed by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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Filing 259
MEMORANDUM & ORDER: For the stated reasons, IT IS HEREBY ORDERED that Defendants' motion to strike the Lewis Affidavit (ECF No. #238 ) is GRANTED IN PART and DENIED IN PART; and IT IS FURTHER ORDERED that on or before October 30, 2023, the Receiver shall file an amended memorandum of law in support of its motion for summary judgment; and IT IS FURTHER ORDERED that on or before November 6, 2023, the parties shall submit a proposed schedule to complete briefing on their respective motions for summary judgment; and IT IS FURTHER ORDERED that the pending motions for summary judgment (ECF Nos. #223 , #225 , #228 ) and motions in limine (ECF Nos. #224 , #231 , #233 , #235 ) are ADMINISTRATIVELY TERMINATED. The motions will be reinstated once briefing on the summary judgment motions concludes. So Ordered by Judge Joanna Seybert on 9/29/2023. (AF)
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Filing 258
ORDER Dismissing Parties Re: #256 Stipulation of Partial Dismissal with Prejudice as to Elliott Singer. So Ordered by Judge Joanna Seybert on 8/30/2023. (CV)
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| Filing 257 Letter dated August 29, 2023 to the Hon. Joanna Seybert regarding the Stipulation of Dismissal filed June 13, 2023 by Elliott Singer (Attachments: #1 Exhibit A: Doc# 256 Stipulation of Dismissal) (Seidel, Martin) |
| Filing 256 STIPULATION of Dismissal Dismissing Plaintiff's Claims against Defendant Elliot Singer Only and Dismissing Elliot Singer's Counterclaim against Plaintiff by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 255 NOTICE of Appearance by Thomas P. Schubert on behalf of Michael Feinsod, Richard Feinstein (notification declined or already on case) (Schubert, Thomas) |
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ORDER granting #254 Motion for Leave to Appear Pro Hac Vice. The Motion of Thomas P. Schubert for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 3/29/2023. (JR)
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ORDER. The return date for Thomas P. Schubert's Motion to Appear Pro Hac Vice shall be on March 27, 2023. In accordance with this Courts Individual Practice Rules, any opposition must be filed on or before March 24, 2023. So Ordered by Magistrate Judge James M. Wicks on 3/20/2023. (JR)
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| Filing 254 MOTION to Appear Pro Hac Vice of Thomas P. Schubert Filing fee $ 150, receipt number ANYEDC-16495152. by Michael Feinsod, Richard Feinstein. (Attachments: #1 Affidavit) (Schubert, Thomas) |
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ELECTRONIC ORDER regarding #252 and #253 Stipulation. The parties' stipulation is SO ORDERED. Defendants Peter Boockvar, Murray Indick, John Laird, Howard Sommer, and Ivan J. Wolpert, as well as their counter-claims against Plaintiff, are hereby dismissed. The claims and counter-claims asserted by and between Plaintiff and Defendants Michael Feinsod, Richard Feinstein, and Elliot Singer remain. Ordered by Judge Joanna Seybert on 3/9/2023. (DW)
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| Filing 253 STIPULATION of Dismissal / Letter to Judge Seybert and Fully-Executed Stipulation of Partial Dismissal Dismissing Plaintiff's Claims Against Defendants John Laird, Ivan J. Wolpert, Murray Indick, Peter Boockvar and Howard Sommer only and Dismissing Defendants John Laird, Ivan J. Wolpert, Murray Indick, Peter Boockvar and Howard Sommer's Counterclaim against Plaintiff by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 252 STIPULATION of Dismissal / Letter to Judge Seybert and Partially Executed Stipulation of Partial Dismissal Dismissing Plaintiff's Claims Against Defendants John Laird, Ivan J. Wolpert, Murray Indick, Peter Boockvar and Howard Sommer only and Dismissing Defendants John Laird, Ivan J. Wolpert, Murray Indick, Peter Boockvar and Howard Sommer's Counterclaim against Plaintiff by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 251 REPLY in Support re #231 MOTION in Limine To Exclude Testimony of Adam J. Hanover filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 250 REPLY in Support re #233 MOTION in Limine To Exclude Testimony of Jeffrey R. Manning filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 249 REPLY in Support re #235 MOTION in Limine To Exclude Testimony of Jim Neal filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 248 REPLY in Support re #224 MOTION in Limine filed by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 247 REPLY in Support re #238 MOTION to Strike #223 MOTION for Summary Judgment Attachment #1 Affidavit of Christine Lewis filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 246 AFFIDAVIT/DECLARATION in Opposition re #235 MOTION in Limine To Exclude Testimony of Jim Neal filed by U.S. Small Business Administration. (Attachments: #1 Exhibit 1 - Amended Expert Report of Jim Neal, #2 Declaration of Adam J. Hanover, #3 Exhibit 1 - Amended Expert Report of Adam J. Hanover, #4 Declaration of Christine Lewis in Opposition, #5 Exhibit A - Receivership Order + Appointing Order, #6 Exhibit B - May 26, 2009 Board Meeting Minutes, #7 Exhibit C - July 20, 2010 SBA Letter, #8 Exhibit D - Forms 10-Q June 30, 2010 + Dec. 31, 2010, #9 Exhibit E - CN Termination letter and emails, #10 Exhibit F - Full Circle Term Sheet and SBA Letter, #11 Memorandum in Opposition) (Bilodeau, Kelsey) |
| Filing 245 AFFIDAVIT/DECLARATION in Opposition re #233 MOTION in Limine To Exclude Testimony of Jeffrey R. Manning filed by U.S. Small Business Administration. (Attachments: #1 Exhibit 1 - Amended Expert Report of Jeffrey R. Manning, Sr., #2 Declaration of Adam J. Hanover, #3 Exhibit 1 - Amended Expert Report of Adam J. Hanover, #4 Affidavit of Christine Lewis in Opposition, #5 Exhibit A - Receivership Order + Appointing Order, #6 Exhibit B - May 26, 2009 Board Meeting Minutes, #7 Exhibit C - July 20, 2010 SBA Letter, #8 Exhibit D - Forms 10-Q June 30, 2010 + Dec. 31, 2010, #9 Exhibit E - CN Termination Letter and emails, #10 Exhibit F - Full Circle Term Sheet and SBA Letter, #11 Memorandum in Opposition) (Bilodeau, Kelsey) |
| Filing 244 AFFIDAVIT/DECLARATION in Opposition re #224 MOTION in Limine filed by Michael Feinsod, Richard Feinstein. (Attachments: #1 Exhibit 71 - Jacobson Deposition, #2 Exhibit 72 - Singer Deposition, #3 Exhibit 73 - Lashway Deposition) (Hashem, Rayiner) |
| Filing 243 MEMORANDUM in Opposition re #224 MOTION in Limine filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 242 AFFIDAVIT/DECLARATION in Opposition re #231 MOTION in Limine To Exclude Testimony of Adam J. Hanover filed by U.S. Small Business Administration. (Attachments: #1 Exhibit 1 - Amended Expert Report of Adam J. Hanover, #2 Affidavit of Christine Lewis in Opposition, #3 Exhibit A - Receivership Order + Appointing Order, #4 Exhibit B - May 26, 2009 Board Meeting Minutes, #5 Exhibit C - July 20, 2010 SBA Letter, #6 Exhibit D - Forms 10-Q June 30, 2010 + Dec. 31, 2010, #7 Exhibit E - CN Termination Letter and emails, #8 Exhibit F - Full Circle Term Sheet and SBA Letter, #9 Memorandum in Opposition) (Bilodeau, Kelsey) |
| Filing 241 AFFIDAVIT/DECLARATION in Opposition re #238 MOTION to Strike #223 MOTION for Summary Judgment Attachment #1 Affidavit of Christine Lewis filed by U.S. Small Business Administration. (Attachments: #1 Exhibit 1 - Receivership Order, #2 Exhibit 2 - Order Appointing Principal Agent for Receiver, #3 Exhibit 3 - Amended Complaint, #4 Exhibit 4 - Deposition Transcript E. Kevin Dahill, #5 Exhibit 5 - Deposition Transcript Christine Lewis, Principal Agent, #6 Memorandum in Opposition) (Bilodeau, Kelsey) |
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ELECTRONIC ORDER granting #239 Motion for Extension of Time to File. The Receiver's request for an extension of time to respond to the motion to strike by Defendants Feinsod and Feinstein is GRANTED, over Defendants' objection. The Receiver's opposition to the motion to strike shall be filed by January 19, 2023. Defendants may file a reply by January 26, 2023. In light of this scheduling, the Court is temporarily holding in abeyance any further briefing on the parties' summary judgment motions. However, absent good cause shown, the Court expects the parties to adhere to the dates set forth in the November 19, 2022 scheduling order with respect to Daubert motions. Ordered by Judge Joanna Seybert on 12/27/2022. (DW)
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| Filing 240 MEMORANDUM in Opposition re #239 Letter MOTION for Extension of Time to File Response/Reply as to #238 MOTION to Strike #223 MOTION for Summary Judgment Attachment #1 Affidavit of Christine Lewis Letter Motion to requesting Court to mark Motion to filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 239 Letter MOTION for Extension of Time to File Response/Reply as to #238 MOTION to Strike #223 MOTION for Summary Judgment Attachment #1 Affidavit of Christine Lewis Letter Motion to requesting Court to mark Motion to Strike off the docket and direct Defendants to include the application as part of their opposition to the Receiver's motion for summary judgment or to extend the time for the Receiver to oppose the motion to strike to and including January 19, 2022 by U.S. Small Business Administration. (Weinberg, Steven) |
| Filing 238 MOTION to Strike #223 MOTION for Summary Judgment Attachment #1 Affidavit of Christine Lewis by Michael Feinsod, Richard Feinstein. (Attachments: #1 Memorandum in Support Memorandum of Law) (Hashem, Rayiner) |
| Filing 237 DECLARATION re #225 MOTION for Summary Judgment by Michael Feinsod, Richard Feinstein (Attachments: #1 Exhibit 1 - Feinsod Deposition, #2 Exhibit 2 - Exemptive Order Application, #3 Exhibit 3 - Amended Exemptive Order Application, #4 Exhibit 4 - Exemptive Order, #5 Exhibit 5 - SBA Correspondence, #6 Exhibit 6 - Ameritrans Sept. 8, 2010 Form 8-K, #7 Exhibit 7 - Feinstein Deposition, #8 Exhibit 8 - Tarnofsky Declaration, #9 Exhibit 9 - Feinsod Affidavit, #10 Exhibit 10 - Ameritrans 2012 Form 10-K, #11 Exhibit 11 - SBA Form 468 as of March 31, 2010, #12 Exhibit 12 - SBA Form 468 as of June 30, 2010, #13 Exhibit 13 - SBA Form 468 as of September 30, 2010, #14 Exhibit 14 - SBA Form 468 as of December 31, 2010, #15 Exhibit 15 - SBA Form 468 as of March 31, 2011, #16 Exhibit 16 - SBA Form 468 as of June 30, 2011, #17 Exhibit 17 - SBA Form 468 as of September 30, 2011, #18 Exhibit 18 - SBA Form 468 as of December 31, 2011, #19 Exhibit 19 - SBA Form 468 as of March 31, 2012, #20 Exhibit 20 - SBA Memorandum, #21 Exhibit 21 - Stephens-Kelly Deposition, #22 Exhibit 22 - Ameritrans Proxy re Sept. 28, 2012 Meeting, #23 Exhibit 23 - Ameritrans 2009 SEC Form 10-Q for the quarter ended December 31, 2009, #24 Exhibit 24 - Ameritrans 2011 SEC Form 10-K, #25 Exhibit 25 - Ameritrans SEC Form 10-Q for the quarter ended December 31, 2011, #26 Exhibit 26 - Laird Deposition, #27 Exhibit 27 - Feb. 24, 2012 Board Minutes, #28 Exhibit 28 - Email from Feinsod with Katten Memo, #29 Exhibit 29 - Settlement Agreement, #30 Exhibit 30 - Amendment to Settlement Agreement, #31 Exhibit 31 - Manning Deposition, #32 Exhibit 32 - Hanover Deposition, #33 Exhibit 33 - Jacobson Report, #34 Exhibit 34 - Ameritrans 2012 SEC Form 10-Q for the quarter ended September 30, 2012, #35 Exhibit 35 - Hanover Report, #36 Exhibit 36 - Lashway Report, #37 Exhibit 37 - Manning Report, #38 Exhibit 38 - Neal Amended Report, #39 Exhibit 39 - Neal Deposition, #40 Exhibit 40 - Lewis Deposition, #41 Exhibit 41 - Dahill Deposition, #42 Exhibit 42 - Dec. 15, 2009 Board Minutes, #43 Exhibit 43 - Ameritrans SEC Proxy re June 24, 2011 Meeting, #44 Exhibit 44 - Jan. 20, 2012 Feinsod Email, #45 Exhibit 45 - Boockvar Deposition, #46 Exhibit 46 - Fendler Deposition, #47 Exhibit 47 - Nov. 8, 2006 SBA Letter, #48 Exhibit 48 - Feb. 26, 2009 SBA Letter, #49 Exhibit 49 - Feb. 24, 2010 SBA Letter, #50 Exhibit 50 - Jan. 19, 2011 SBA Letter, #51 Exhibit 51 - Feb. 24, 2012 SBA Email, #52 Exhibit 52 - Feb. 7, 2012 Board Minutes, #53 Exhibit 53 - Jan. 20, 2012 Feinsod Email, #54 Exhibit 54 - Audit Committee Charter, #55 Exhibit 55 - Wolpert Deposition, #56 Exhibit 56 - Elk's Certificate of Incorporation, #57 Exhibit 57 - Custodian Agreement, #58 Exhibit 58 - Intercreditor Agreement, #59 Exhibit 59 - SBA Agreement, #60 Exhibit 60 - Intercompany Balance Workpaper, #61 Exhibit 61 - Ameritrans SEC Form 10-Q for the quarter ended December 31, 2012, #62 Exhibit 62 - June 4, 2012 Feinsod Email, #63 Exhibit 63 - Elk Presentation to SBA, #64 Exhibit 64 - Feb. 9, 2012 Feinsod Email, #65 Exhibit 65 - Feb. 22, 2012 Salgado Email, #66 Exhibit 66 - Hanover Rebuttal Report, #67 Exhibit 67 - Manning Amended Report, #68 Exhibit 68 - Ameritrans 2011 SEC Form 10-Q for the quarter ended March 31, 2011, #69 Exhibit 69 - Haskins Declaration, #70 Exhibit 70 - Wright Rebuttal Report) (Hashem, Rayiner) |
| Filing 236 MEMORANDUM in Support re #235 MOTION in Limine To Exclude Testimony of Jim Neal filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 235 MOTION in Limine To Exclude Testimony of Jim Neal by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 234 MEMORANDUM in Support re #233 MOTION in Limine To Exclude Testimony of Jeffrey R. Manning filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 233 MOTION in Limine To Exclude Testimony of Jeffrey R. Manning by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 232 MEMORANDUM in Support re #231 MOTION in Limine To Exclude Testimony of Adam J. Hanover filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 231 MOTION in Limine To Exclude Testimony of Adam J. Hanover by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 230 RULE 56.1 STATEMENT re #228 MOTION for Summary Judgment filed by Richard Feinstein. (Hashem, Rayiner) |
| Filing 229 MEMORANDUM in Support re #228 MOTION for Summary Judgment filed by Richard Feinstein. (Hashem, Rayiner) |
| Filing 228 MOTION for Summary Judgment by Richard Feinstein. (Hashem, Rayiner) |
| Filing 227 RULE 56.1 STATEMENT re #225 MOTION for Summary Judgment filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 226 MEMORANDUM in Support re #225 MOTION for Summary Judgment filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 225 MOTION for Summary Judgment by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 224 MOTION in Limine by U.S. Small Business Administration. (Attachments: #1 Affidavit in Support of Christine Lewis, #2 Exhibit 1 May 1, 2013 Filed 8-K, #3 Exhibit 2 Feinsod Exhibits [redacted], #4 Exhibit 3 Feinstein Exhibits [redacted], #5 Exhibit 4(a)-June 30, 2009, June 30, 2010, December 31, 2010 Forms 468, #6 Exhibit 4(b)-March 31, 2011, June 30, 2011, September 30, 2011, December 31, 2011 Forms 468, #7 Exhibit 4(c)-March 31, 2012 and June 30, 2012 Forms 468, #8 Exhibit 5(a)-June 30, 2009, June 30, 2010, December 31, 2010 Forms 10-K/10-Q, #9 Exhibit 5(b)-June 30, 2011, December 31, 2011 Forms 10-K/10-Q, #10 Exhibit 5(c)-June 30, 2012, September 30, 2012 and March 31, 2013 Forms 10-K/10-Q, #11 Exhibit 6 Elk Certificate of Incorporation and Amendments, #12 Exhibit 7 SBA Agreement, Security Agreement, Intercreditor Agreement, Custodian Agreement and UCC-1, #13 Exhibit 8 March 7, 2012 Email and March 6, 2012 Letter from SBA, #14 Exhibit 9 April 20, 2013 Custodian Report, #15 Exhibit 10 November 8, 2006 Letter from SBA to Elk, #16 Exhibit 11 November 29, 1999 Ameritrans Amended Application and Exemptive Order, #17 Exhibit 12 SBAs December 15, 1998 Letter and Elks December 29, 1998 Letter, #18 Exhibit 13 August 4, 1999 Letter, #19 Exhibit 14 SBAs August 8, 2007 Letter, #20 Exhibit 15 December 2008 Debenture Application and 2009 Debenture, #21 Exhibit 16 May 5, 2011 Board Meeting Minutes, #22 Exhibit 17 May 26, 2009 Board Meeting Minutes and May 22, 2009 Memorandum, #23 Exhibit 18 September 23, 2009 Board Meeting Minutes, #24 Exhibit 19 November 11, 2009 Board Meeting Minutes, #25 Exhibit 20 July 20, 2010 Letter from SBA re: Capital Impairment, #26 Exhibit 21 May 23, 2011 Schedule 14A Proxy Statement, #27 Exhibit 22 August 2, 19, 31, 2011 Emails and September 19, 2011 Letter re: CN Transaction, #28 Exhibit 23 November 16, 2011 Termination Letter, October 6, 2011 Email, December 27, 2011 Email with December 22, 2011 re: CN Deal, #29 Exhibit 24 November 9, 2011 Board Meeting Minutes, #30 Exhibit 25 September 27, 2011 Board Meeting Minutes, #31 Exhibit 26 January 18, 2012, February 7, 2012, February 22, 2012 Board Meeting Minutes and February 8, 2012 Memorandum, #32 Exhibit 27 Excerpt from March 15, 2012 NASDAQ Hearing Memorandum and Notices, #33 Exhibit 28 Excerpts from the General Ledger and Bank Balance Summary, #34 Exhibit 29 Weiners January 24, 2012 Correspondence Form 8-K, #35 Exhibit 30 Full Circle Transaction Correspondence January and February 2012, #36 Exhibit 31 Memorandum Opinion dated April 24, 2012 of Hon. Colleen Kollar-Kotelly in Elk v. SBA, 1:12-C-00348, #37 Exhibit 32 February 24, 2012 Board Meeting Minutes and February 29, 2012 Email, #38 Exhibit 33 January 20, 2012 Email, #39 Exhibit 34 - Transaction Records[A-G], #40 Exhibit 35 March 2012 Velocity Termination Letter and Email, #41 Exhibit 36 March 8, 2012 Email Feinsod to Rothschild, #42 Exhibit 37 April 25, 2012 Board Meeting Minutes, #43 Exhibit 38 November 16, 2012 Email from Feinstein, #44 Exhibit 39 January 4, 2013 Email from Feinsod, #45 Declaration of Steven Weinberg, #46 Exhibit 1- Robert Lashway Rebuttal Report, #47 Exhibit 2 - Excerpts from the Deposition Transcript of Robert Lashway, #48 Exhibit 3 - Excerpts from the Deposition Transcript of Michael Feinstein, #49 Exhibit 4 - Craig Jacobson Report and Rebuttal Report, #50 Exhibit 5 - Excerpts from the Deposition Transcript of Craig Jacobson, #51 Exhibit 6 - Wright Rebuttal Report, #52 Exhibit 7 - Excerpts from the Deposition Transcript of Clifford Wright, #53 Exhibit 8-Howard Rebuttal Report, #54 Memorandum in Support) (Bilodeau, Kelsey) |
| Filing 223 MOTION for Summary Judgment by U.S. Small Business Administration. (Attachments: #1 Affidavit in Support of Christine Lewis, #2 Exhibit 1 May 1, 2013 Filed 8-K, #3 Exhibit 2 Feinsod Exhibits [redacted], #4 Exhibit 3 Feinstein Exhibits [redacted], #5 Exhibit 4(a)-June 30, 2009, June 30, 2010, December 31, 2010 Forms 468, #6 Exhibit 4(b)-March 31, 2011, June 30, 2011, September 30, 2011, December 31, 2011 Forms 468, #7 Exhibit 4(c)-March 31, 2012 and June 30, 2012 Forms 468, #8 Exhibit 5(a)-June 30, 2009, June 30, 2010, December 31, 2010 Forms 10-K/10-Q, #9 Exhibit 5(b)-June 30, 2011, December 31, 2011 Forms 10-K/10-Q, #10 Exhibit 5(c)-June 30, 2012, September 30, 2012 and March 31, 2013 Forms 10-K/10-Q, #11 Exhibit 6 Elk Certificate of Incorporation and Amendments, #12 Exhibit 7 SBA Agreement, Security Agreement, Intercreditor Agreement, Custodian Agreement and UCC-1, #13 Exhibit 8 March 7, 2012 Email and March 6, 2012 Letter from SBA, #14 Exhibit 9 April 20, 2013 Custodian Report, #15 Exhibit 10 November 8, 2006 Letter from SBA to Elk, #16 Exhibit 11 November 29, 1999 Ameritrans Amended Application and Exemptive Order, #17 Exhibit 12 SBAs December 15, 1998 Letter and Elks December 29, 1998 Letter, #18 Exhibit 13 August 4, 1999 Letter, #19 Exhibit 14 SBAs August 8, 2007 Letter, #20 Exhibit 15 December 2008 Debenture Application and 2009 Debenture, #21 Exhibit 16 May 5, 2011 Board Meeting Minutes, #22 Exhibit 17 May 26, 2009 Board Meeting Minutes and May 22, 2009 Memorandum, #23 Exhibit 18 September 23, 2009 Board Meeting Minutes, #24 Exhibit 19 November 11, 2009 Board Meeting Minutes, #25 Exhibit 20 July 20, 2010 Letter from SBA re: Capital Impairment, #26 Exhibit 21 May 23, 2011 Schedule 14A Proxy Statement, #27 Exhibit 22 August 2, 19, 31, 2011 Emails and September 19, 2011 Letter re: CN Transaction, #28 Exhibit 23 November 16, 2011 Termination Letter, October 6, 2011 Email, December 27, 2011 Email with December 22, 2011 re: CN Deal, #29 Exhibit 24 November 9, 2011 Board Meeting Minutes, #30 Exhibit 25 September 27, 2011 Board Meeting Minutes, #31 Exhibit 26 January 18, 2012, February 7, 2012, February 22, 2012 Board Meeting Minutes and February 8, 2012 Memorandum, #32 Exhibit 27 Excerpt from March 15, 2012 NASDAQ Hearing Memorandum and Notices, #33 Exhibit 28 Excerpts from the General Ledger and Bank Balance Summary, #34 Exhibit 29 Weiners January 24, 2012 Correspondence Form 8-K, #35 Exhibit 30 Full Circle Transaction Correspondence January and February 2012, #36 Exhibit 31 Memorandum Opinion dated April 24, 2012 of Hon. Colleen Kollar-Kotelly in Elk v. SBA, 1:12-C-00348, #37 Exhibit 32 February 24, 2012 Board Meeting Minutes and February 29, 2012 Email, #38 Exhibit 33 January 20, 2012 Email, #39 Exhibit 34 - Transaction Records[A-G], #40 Exhibit 35 March 2012 Velocity Termination Letter and Email, #41 Exhibit 36 March 8, 2012 Email Feinsod to Rothschild, #42 Exhibit 37 April 25, 2012 Board Meeting Minutes, #43 Exhibit 38 November 16, 2012 Email from Feinstein, #44 Exhibit 39 January 4, 2013 Email from Feinsod, #45 Declaration of Steven Weinberg, #46 Exhibit 40 Receivership Order (Receivership Action Docket No. 15), #47 Exhibit 41 -November 21, 2016 Lift Stay Order (Receivership Action ECF Doc. 82), #48 Exhibit 42 -- October 1, 2018 Memorandum and Order of Judge Bianco (ECF Doc. 66), #49 Exhibit 43 Amended Complaint (ECF Doc. 166), #50 Exhibit 44 Amended Answers of Feinsod and Feinstein (ECF Doc. 174-175), #51 Exhibit 45 Reply to Feinsod and Feinstein Counterclaim (ECF Doc. 176-177), #52 Exhibit 46 Deposition Transcript of Defendant Michael Feinsod (2 days), #53 Exhibit 47 Deposition Transcript of Defendant Richard Feinstein, #54 Exhibit 48 Deposition Transcript of Non-Party Carol Fendler, #55 Declaration of Richard R. Westerman, #56 Exhibit Expert Report, #57 Declaration of Adam J. Hanover, #58 Exhibit Expert Report, #59 Declaration Jeffery R. Manning, #60 Exhibit Expert Report, #61 Declaration Jim Neal, #62 Exhibit Expert Report, #63 Rule 56.1 Statement, #64 Memorandum in Support) (Bilodeau, Kelsey) |
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ELECTRONIC ORDER granting #219 Motion for Leave to File; #220 Motion for Extension of Time to File; #221 Motion for Extension of Time to File. First, Defendant Feinstein's request to file a separate motion for summary judgment is GRANTED, on consent. Second, the Court has reviewed the requests by the Receiver and Independent Director Defendants for an extension of the briefing schedule for the Daubert and summary judgment motions, which Feinsod and Feinstein oppose. In light of the Court's inherent authority to manage its docket "with a view toward the efficient and expedient resolution of cases," see Dietz v. Bouldin, 579 U.S. 40, 47 (2016), the requests are GRANTED, and the briefing schedule is EXTENDED for all parties, including Defendants Feinsod and Feinstein. The amended briefing schedule is as follows:(1) On or before December 6, 2022, all Daubert motions and motions for summary judgment must be filed;(2) On or before January 24, 2023, all oppositions must be filed; and(3) On or before February 21, 2023, all replies, if any, must be filed. The directives in the Court's prior orders remain in effect. Ordered by Judge Joanna Seybert on 11/19/2022. (DW)
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| Filing 222 RESPONSE in Opposition re #221 Letter MOTION for Extension of Time to File Daubert Motions and Motions for Summary Judgment filed by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 221 Letter MOTION for Extension of Time to File Daubert Motions and Motions for Summary Judgment by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 220 Letter MOTION for Extension of Time to File Daubert Motions and Motions for Summary Judgment by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Seidel, Martin) |
| Filing 219 MOTION for Leave to File Document (Motion for Leave To File Separate Summary Judgment Motion) by Richard Feinstein. (Hashem, Rayiner) |
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ELECTRONIC ORDER regarding #216 and #217 Proposed Scheduling Orders. As an initial matter, the Court notes that its lifting of the receivership stay in SBA v. Elk Associates Funding Corp., No. 13-CV-1326 to permit Mr. Feinsod and Mr. Feinstein to pursue claims against the Small Business Administration based upon a settlement agreement will not delay the resolution of the claims in this matter any further. Accordingly, to the extent Mr. Feinsod implies that the instant case should be stayed because the new claims he intends to file will be dispositive of those in the instant case, that request is DENIED. Turning to the parties' proposed briefing schedules for summary judgment motion practice in this case, the Court is ADOPTING the schedule submitted by the Receiver set forth in ECF No. #216 :(1) On or before November 22, 2022, all Daubert motions and motions for summary judgment must be filed;(2) On or before January 10, 2023, all oppositions must be filed; and(3) On or before February 7, 2023, all replies, if any, must be filed.Counsel are reminded of the Court's instructions set forth in its August 15, 2022 Electronic Order. Further, counsel are directed to submit courtesy copies of their motions to Chambers once the motions are fully briefed. Ordered by Judge Joanna Seybert on 10/24/2022. (DW)
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| Filing 218 Letter in Opposition to Defendant Feinsod's Request to Defer setting a Briefing Schedule (ECF Doc. 217) by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 217 Proposed Scheduling Order by Michael Feinsod (Hashem, Rayiner) |
| Filing 216 Proposed Scheduling Order -Proposed Briefing Schedule directed to be submitted by the Electronic Orders dated August 15, 2022 and August 25, 2022 by U.S. Small Business Administration (Bilodeau, Kelsey) |
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ELECTRONIC ORDER granting #215 Motion for Extension of Time to File Proposed Briefing Schedule. On consent, the deadline for the parties to confer and submit a proposed briefing schedule to the Court is extended to September 21, 2022. Ordered by Judge Joanna Seybert on 8/25/2022. (DiMarco, Nicholas)
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| Filing 215 Letter MOTION for Extension of Time to File a Proposed Briefing Schedule by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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ELECTRONIC ORDER granting in part and denying in part #205 , #206 , #207 , #208 and #209 Motions for Pre-Motion Conference. The Court is in receipt of pre-motion conference requests regarding anticipated summary judgment motions by Plaintiff (ECF No. #205 ), the Independent Director Defendants (ECF No. #206 ), including a separate request by Defendant Indick (ECF No. #207 ), Defendant Feinsod (ECF No. #208 ), and Defendant Feinstein (ECF No. #209 ). In addition to seeking leave to move for summary judgment, the parties also intend to file Daubert motions.Having reviewed the parties' letters and respective responses, the Court is WAIVING its pre-motion conference requirement and GRANTING the parties leave to file their motions. Counsel shall brief their Daubert motions in tandem with their cross-motions for summary judgment. In so doing, Holland & Knight LLP shall file a consolidated summary judgment motion, Daubert motion, and any opposition brief on behalf of all Independent Director Defendants. Similarly, MoloLamken LLP shall file consolidated motions and oppositions on behalf of Defendants Feinsod and Feinstein. As a result, for all parties, the Court is sua sponte expanding its page limitation to thirty (30) pages for memoranda of law in support of and in opposition to summary judgment motions only. Within two weeks, by August 29, 2022, counsel shall confer and submit a proposed briefing schedule to the Court. Ordered by Judge Joanna Seybert on 8/15/2022. (Wolf, Deanna)
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| Filing 214 RESPONSE to Motion re #205 Letter MOTION for pre motion conference , to adjourn pre-trial order deadline, and for an expanded page limit MOTION to Continue filed by Richard Feinstein. (Hashem, Rayiner) |
| Filing 213 RESPONSE to Motion re #205 Letter MOTION for pre motion conference , to adjourn pre-trial order deadline, and for an expanded page limit MOTION to Continue filed by Michael Feinsod. (Hashem, Rayiner) |
| Filing 212 RESPONSE to Motion re #205 Letter MOTION for pre motion conference , to adjourn pre-trial order deadline, and for an expanded page limit MOTION to Continue filed by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Seidel, Martin) |
| Filing 211 RESPONSE to Motion re #208 MOTION for pre motion conference re Order on Motion for Extension of Time to File,, , #209 Letter MOTION for pre motion conference re Order on Motion for Extension of Time to File,, Grounds for Summary Judgment and Daubert Motions filed by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 210 RESPONSE to Motion re #207 Letter MOTION for pre motion conference re Order on Motion for Extension of Time to Complete Discovery,,, Mr. Indick respectfully submits this letter setting out the basis for his anticipated Motion for Summary Judgment,, #206 Letter MOTION for pre motion conference re Order on Motion for Extension of Time to Complete Discovery,,, and submit this letter setting out the basis for their anticipated Motion for Summary Judgment, filed by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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ORDER granting #205 Motion to Adjourn. The final pretrial conference and date for the parties to submit their proposed joint pretrial order are hereby adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 3/15/2022. (Sanders, Scott)
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| Filing 209 Letter MOTION for pre motion conference re Order on Motion for Extension of Time to File,, Grounds for Summary Judgment and Daubert Motions by Richard Feinstein. (Hashem, Rayiner) |
| Filing 208 MOTION for pre motion conference re Order on Motion for Extension of Time to File,, by Michael Feinsod. (Hashem, Rayiner) |
| Filing 207 Letter MOTION for pre motion conference re Order on Motion for Extension of Time to Complete Discovery,,, Mr. Indick respectfully submits this letter setting out the basis for his anticipated Motion for Summary Judgment, by Murray Indick. (Seidel, Martin) |
| Filing 206 Letter MOTION for pre motion conference re Order on Motion for Extension of Time to Complete Discovery,,, and submit this letter setting out the basis for their anticipated Motion for Summary Judgment, by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Seidel, Martin) |
| Filing 205 Letter MOTION for pre motion conference , to adjourn pre-trial order deadline, and for an expanded page limit by U.S. Small Business Administration. (Bilodeau, Kelsey). Added MOTION to Adjourn Pre-Trial Order Deadline on 3/15/2022 as requested by JS Chambers. (Valle, Christine). |
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SCHEDULING ORDER: The Final Pretrial Conference set for 3/31/2022 at 12:00 PM will be held via the Court's Video Zoom instead of in-person. The Court will email the Zoom invitation closer to the conference date. SO Ordered by Magistrate Judge James M. Wicks on 2/28/2022. (Ortiz, Grisel)
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| Filing 204 Letter in response to plaintiff's letter dated January 31, 2022 requesting further extension of fact discovery to complete the expert depositions in this case, by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert (Larsen, Marie) |
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ORDER granting #203 Motion for Extension of Time to complete expert discovery. The Receiver's application is granted to permit the Receiver to depose Defendants experts James Howard, Clifford Wright and Robert Lashway on or before February 28, 2022. Defendants are hereby directed to make their rebuttal expert witnesses available during that timeframe. All other deadlines remain in place. The application to extend the deadline by which the initial steps must be taken for motions for summary judgement is hereby DENIED. This is the FINAL extension of the discovery deadlines. So Ordered by Magistrate Judge James M. Wicks on 2/1/2022. (Wicks, James)
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| Filing 203 Letter MOTION for Extension of Time to File and Limited Exception by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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ORDER denying #202 Motion for Extension of Time to Complete Discovery. The application to extend the deadline beyond the previously ordered final deadline of 1/21/2022 is denied, with the limited exception of allowing the depositions of Feigen and Kattan to take place on or before 2/11/2022. No other deadlines or scheduled dates are affected by this order. So Ordered by Magistrate Judge James M. Wicks on 1/23/2022. (Wicks, James)
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| Filing 202 MOTION for Extension of Time to Complete Discovery re: Third-Party Depositions by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 201 STIPULATION with Ameritrans Trustee re: Privilege by Michael Feinsod, Richard Feinstein (Hashem, Rayiner) |
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ORDER finding as moot #199 Motion for Extension of Time to Complete Discovery. In light of the Court's ruling on DE 200 this date, the letter application at DE 199 is deemed moot. So Ordered by Magistrate Judge James M. Wicks on 12/16/2021. (Wicks, James)
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ORDER granting #200 Motion for Extension of Time to Complete Discovery. The fact discovery deadline is hereby extended for a final time. All fact discovery must be completed on or before 1/21/2022. All other dates and deadlines previously set by the Court remain in place. So Ordered by Magistrate Judge James M. Wicks on 12/16/2021. (Wicks, James)
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| Filing 200 MOTION for Extension of Time to Complete Discovery by Michael Feinsod, Richard Feinstein. (Hashem, Rayiner) |
| Filing 199 Letter to Magistrate Judge Wicks by U.S. Small Business Administration (Bilodeau, Kelsey) Modified event type from Letter to Motion for Extension of Tome to Complete Discovery on 12/15/2021 (Ortiz, Grisel). |
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ORDER granting #198 Motion for Extension of Time to Complete Discovery. The discovery schedule is amended as follows: expert-in-chief reports are due on or before 12/22/2021; rebuttal expert reports are due on or before 1/28/2022. All remaining discovery deadlines remain in place. So Ordered by Magistrate Judge James M. Wicks on 12/2/2021. (Sanders, Scott)
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| Filing 198 STATUS REPORT / Joint Letter Regarding the Status of Discovery by U.S. Small Business Administration (Bilodeau, Kelsey) Modified event type from Status Report to Motion for Extension of Time to Complete Discovery on 12/2/2021 (Ortiz, Grisel). |
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ORDER granting #197 Motion for Extension of Time to Complete Discovery. All discovery deadlines are hereby extended forty-five (45) days, as follows: End Fact Discovery: 12/15/2021; Expert in chief Reports due by: 12/16/2021; Rebuttal Expert Reports due by: 1/15/2022; End of all Discovery, including experts: 2/14/2022; Initial steps for dispositive motion practice: 3/14/2022; Final pre-trial conference in courtroom 1020: 3/31/2022 @ 12:00pm; The parties shall submit their proposed joint pre-trial order, in accordance with Judge Seybert's individual rules, on or before 3/24/2022. Additionally, the parties shall file a joint letter regarding the status of discovery on 11/28/2021. So Ordered by Magistrate Judge James M. Wicks on 10/28/2021. (Sanders, Scott)
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| Filing 197 Letter MOTION for Extension of Time to Complete Discovery by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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ORDER granting #196 Motion to Withdraw as Attorney. Attorney Chanwoo Park terminated. So Ordered by Magistrate Judge James M. Wicks on 9/3/2021. (Sanders, Scott)
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| Filing 196 MOTION to Withdraw as Attorney of Record for Defendant Murray Indick by Murray Indick. (Park, Chanwoo) |
| Filing 195 NOTICE of Change of Law Firm Name Once the filing has been made, you must login to www.pacer.gov and update your account. (Bilodeau, Kelsey) |
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Filing 194
ORDER granting #193 Motion for Discovery Re: Stipulation and Order for Protocol on the Conduct of Remote Depositions. So Ordered by Magistrate Judge James M. Wicks on 8/18/2021. (Ortiz, Grisel)
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| Filing 193 MOTION for Discovery /Stipulation and Proposed Order for Protocol on the Conduct of Remote Depositions by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Seidel, Martin) |
| Filing 192 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Telephone Status Conference held on 8/3/2021 at 10:30 AM. Counsel for all parties were present. The parties advised the Court of the status of this case and requested time to extend the discovery deadlines.Pursuant to Fed. R. Civ. P. 6, the parties' application is granted, and the amended discovery schedule is the following: End Fact Discovery: 10/31/2021; Expert in chief Reports due by: 11/01/2021; Rebuttal Expert Reports due by: 12/01/2021; End of all Discovery, including experts: 12/31/2021; Initial steps for dispositive motion practice: 01/28/2022; Final pre-trial conference in courtroom 1020: 02/14/2022 @ 3pm; The parties shall submit their proposed joint pre-trial order, in accordance with Judge Seybert's individual rules, on or before 2/7/2022.(FTR Log #10:35-10:49 (tel.).)(Ortiz, Grisel) (Main Document 192 replaced on 8/3/2021) (Ortiz, Grisel). Modified to correct year from 2021 to 2022 on 8/3/2021 (Ortiz, Grisel). |
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ORDER granting #190 Motion to Substitute Attorney. Holland & Knight LLP is substituted in place of Morrison & Foerster LLP as attorneys for Defendant Murray Indick. So Ordered by Magistrate Judge James M. Wicks on 8/3/2021. (Sanders, Scott)
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| Filing 191 Letter to advise the Court of developments since the last status conference and in advance of the status conference of Aug. 3, 2021, by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert (Seidel, Martin) |
| Filing 190 MOTION to Substitute Attorney /Stipulation and Order for Substitution of Counsel by Murray Indick. (Seidel, Martin) |
| Filing 189 NOTICE of Change of Firm/Address/Telephone Number and Email from Willkie Farr & Gallagher to Holland & Knight LLP. Once the filing has been made, you must login to www.pacer.gov and update your account. (Seidel, Martin) |
| Filing 188 NOTICE of Appearance by Marie E Larsen on behalf of Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert (aty to be noticed) (Larsen, Marie) |
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SCHEDULING ORDER: Parties should be advised that the status conference scheduled for 8/3/2021 at 10:30 am via the AT&T teleconference center remains in effect, notwithstanding the reassignment of this case to Judge Wicks. Parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. So Ordered by Magistrate Judge James M. Wicks on 5/14/2021. (Ortiz, Grisel)
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| Case Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Steven I. Locke no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Cubano, Jazmin) |
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Filing 187
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 4/8/2021. Discovery is ongoing. The parties will endeavor to complete all depositions before the next status conference. If any depositions are not completed by that date the Court will order specific dates on which each deposition will occur. A failure to identify a deposition during the next conference will result in a waiver of that deposition. Next Tele-Status Conference set for 8/3/2021 at 10:30 AM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 4/8/2021. (Gandiosi, Kristin)
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| Filing 186 ANSWER to #185 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 185 AMENDED ANSWER to #166 Amended Complaint , COUNTERCLAIM against U.S. Small Business Administration by Murray Indick. (Hill, Joshua) |
| Filing 184 STIPULATION (regarding filing of Second Amended Answer) by Murray Indick (Hill, Joshua) |
| Filing 183 AMENDED ANSWER to #166 Amended Complaint , COUNTERCLAIM against U.S. Small Business Administration by Murray Indick. (Hill, Joshua) |
| Filing 182 ANSWER to Counterclaim #173 / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 181 ANSWER to Counterclaim #172 / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 180 ANSWER to Counterclaim #171 / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 179 ANSWER to Counterclaim #170 / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 178 ANSWER to Counterclaim #169 / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 177 ANSWER to #175 Answer to Amended Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 176 ANSWER to #174 Answer to Amended Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| COUNTERCLAIM (See #169 Answer for attachment) against U.S. Small Business Administration, filed by Peter Boockvar. (Valle, Christine) |
| COUNTERCLAIM See #171 Answer for attachment) against U.S. Small Business Administration, filed by Elliott Singer. (Valle, Christine) |
| COUNTERCLAIM (See #170 Answer for attachment) against U.S. Small Business Administration, filed by John Laird. (Valle, Christine) |
| COUNTERCLAIM See #173 Answer for attachment) against U.S. Small Business Administration, filed by Ivan J. Wolpert. (Valle, Christine) |
| COUNTERCLAIM See #172 Answer for attachment) against U.S. Small Business Administration, filed by Howard Sommer. (Valle, Christine) |
| Filing 175 ANSWER to #166 Amended Complaint By Richard L. Feinstein, COUNTERCLAIM against All Plaintiffs by Richard Feinstein. (Hashem, Rayiner) |
| Filing 174 ANSWER to #166 Amended Complaint By Michael R. Feinsod, COUNTERCLAIM against All Plaintiffs by Michael Feinsod. (Hashem, Rayiner) |
| Filing 173 ANSWER to #166 Amended Complaint by Ivan J. Wolpert. (Seidel, Martin) |
| Filing 172 ANSWER to #166 Amended Complaint by Howard Sommer. (Seidel, Martin) |
| Filing 171 ANSWER to #166 Amended Complaint by Elliott Singer. (Seidel, Martin) |
| Filing 170 ANSWER to #166 Amended Complaint by John Laird. (Seidel, Martin) |
| Filing 169 ANSWER to #166 Amended Complaint by Peter Boockvar. (Seidel, Martin) |
| Filing 168 ANSWER to #166 Amended Complaint by Murray Indick. (Hill, Joshua) |
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Filing 167
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 3/2/2021. The parties will be prepared to discuss a deposition schedule at the next conference. If the parties can agree on a deposition schedule in advance, they can request that the conference be adjourned so long as they submit the schedule for the Courts review with a proposed adjourned conference date. Next Tele-Status Conference set for 4/8/2021 at 11:30 AM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 3/2/2021. (Gandiosi, Kristin)
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| Filing 166 AMENDED COMPLAINT against All Defendants, filed by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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Filing 165
ORDER ADOPTING REPORT AND RECOMMENDATIONS granting #147 Motion to Amend/Correct/Supplement; adopting Report and Recommendations as to #164 Report and Recommendations. So Ordered by Judge Joanna Seybert on 2/23/2021. C/ECF (Valle, Christine)
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Filing 164
REPORT AND RECOMMENDATIONS re DE #147 MOTION to Amend the Complaint. For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends that Plaintiffs Motion to Amend the Complaint be granted, and that Plaintiff: (1) be permitted to file its First Amended Complaint to conform with the Courts September 30, 2018 Order; and (2) assert new facts against Indick. Any objections to this Report and Recommendation must be filed with the Clerk of the Court on or before 2/18/2021. Failure to file objections within the specified time waives the right to appeal the District Court's order.Entered by Magistrate Judge Steven I. Locke on 2/4/2021. (Bartell, Max)
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Electronic SCHEDULING ORDER: due to a change in the Courts calendar, the status conference currently scheduled for 2/24/2021 is adjourned to 3/2/2021 and will be conducted at 10:30 a.m. via the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 1/29/2021. (Bartell, Max)
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| Filing 163 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/13/2021. Next phone status conference: February 24, 2021 at 2pm. The parties will continue to meet and confer about the remainder of document discovery and be prepared to discuss any motions that need to be made at the next conference as well as setting a schedule for the remainder of discovery. Tele-Status Conference set for 2/24/2021 at 2:00 PM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin) |
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Filing 162
ORDER granting #161 Motion to Withdraw as Attorney. The Clerk of the Court is directed to TERMINATE Martin L. Seidel as counsel of record for ONLY defendant Murray Indick. Ordered by Judge Joanna Seybert on 11/25/2020. (Florio, Lisa)
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| Filing 161 MOTION to Withdraw as Attorney by Murray Indick. (Seidel, Martin) |
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SCHEDULING ORDER: The parties' proposed amended discovery schedule, DE #160 , is adopted and SO ORDERED. Ordered by Magistrate Judge Steven I. Locke on 10/16/2020. (Scrivani, Hillary)
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| Filing 160 Proposed Scheduling Order by All Parties by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 159 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 10/8/2020. Next phone status conference: January 13, 2021 at 11:00am. On or before October 15, 2020 the parties will submit a proposed amended scheduling order as outlined on the record whereby the parties will commence summary judgment motion practice no later than August 31, 2021. Next Tele-Status Conference set for 1/13/2021 at 11:00 AM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin) |
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Filing 158
ORDER Dismissing Parties; Re: #157 Stipulation of Partial Dismissal with Prejudice as to Defendant/Counter-Claim Gary Granoff. So Ordered by Judge Joanna Seybert on 10/7/2020. C/ECF (Valle, Christine)
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ELECTRONIC ORDER re #156 Stipulation filed by U.S. Small Business Administration. The stipulation (D.E. 156) is SO ORDERED. Defendant Granoff's Memorandum of Law in Opposition to Plaintiff's Motion for Leave to Amend (D.E. 149) is WITHDRAWN. The pending motion at D.E. 147 remains pending as provided in subparagraph (iii) of the Stipulation. Ordered by Judge Joanna Seybert on 10/7/2020. (Brown, Melissa)
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| Filing 157 STIPULATION of Dismissal Dismissing Plaintiff's Claims against Defendant Gary Granoff Only and Dismissing Gary Granoff's Counterclaim against Plaintiff by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) (Bilodeau, Kelsey) |
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ELECTRONIC ORDER granting #155 Motion to Withdraw as Attorney. Attorney Max Ephraim Rodriguez terminated. Ordered by Judge Joanna Seybert on 9/29/2020. (Brown, Melissa)
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| Filing 156 STIPULATION re #147 MOTION to Amend/Correct/Supplement #1 Complaint, , #149 Memorandum in Opposition by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) (Bilodeau, Kelsey) |
| Filing 155 MOTION to Withdraw as Attorney by Gary Granoff. (Rodriguez, Max) |
| Filing 154 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 8/3/2020. Next status phone conference: October 8, 2020 at 10:00 am. Prior to the next status conference, the parties will meet and confer concerning all outstanding discovery issues, and be prepared to discuss a briefing schedule for motions to compel as appropriate. The parties will also be prepared to address a revised case management schedule at this time. Tele-Status Conference set for 10/8/ at 10:00 AM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin) |
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Electronic ORDER: The status conference scheduled for 8/3/2020 will be conducted at 10:00 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 7/28/2020. (Scrivani, Hillary)
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ELECTRONIC Order Dismissing Parties: Party Silvia Mullens terminated as defendant and counter-claimant. The Stipulation of Partial Dismissal (D.E. 153) is SO ORDERED. All causes of actions, claims, and counter-claims between Plaintiff/Counter-Defendant and Defendant/Counter-Claimant Silvia Mullens are DISMISSED with prejudice. All causes of action, claims, and counter-claims asserted by and between the Plaintiff Receiver and the Defendants Feinsod, Feinstein, Granoff, Laird, Wolpert, Sommer, Indick, Singer, and Boockvar remain unaffected. Ordered by Judge Joanna Seybert on 7/17/2020. (Brown, Melissa)
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| Filing 153 STIPULATION of Dismissal Dismissing Plaintiff's Claims against Defendant Silvia Mullens Only and Dismissing Silvia Mullens Counterclaim against Plaintiff by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) (Bilodeau, Kelsey) |
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Electronic ORDER granting DE #152 Motion for Leave to File Excess Pages. Without opposition, the 10 page limit for the Receiver's Reply Memorandum of Law is extended, nunc pro tunc, to 11 pages. Ordered by Magistrate Judge Steven I. Locke on 7/2/2020. (Georgescu, Dora)
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| Filing 152 Letter MOTION for Leave to File Excess Pages by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 151 REPLY in Support re #147 MOTION to Amend/Correct/Supplement #1 Complaint, , #150 Memorandum in Opposition, #149 Memorandum in Opposition /Reply Memorandum of Law in Further Support of the Receiver's Motion to Amend the Receiver's Complaint and in Response to Defendant Granoff and Defendant Indick's Memorandums in Opposition filed by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 150 MEMORANDUM in Opposition re #147 MOTION to Amend/Correct/Supplement #1 Complaint, Memorandum of Law in Support of Defendant Murray Indick's Opposition to Plaintiff's Motion to Amend Complaint filed by Murray Indick. (Hill, Joshua) |
| Filing 149 MEMORANDUM in Opposition re #147 MOTION to Amend/Correct/Supplement #1 Complaint, filed by Gary Granoff. (Rodriguez, Max) |
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Electronic ORDER granting DE #148 Motion for Extension of Time to File Response/Reply re #147 MOTION to Amend/Correct/Supplement #1 Complaint. On consent, the deadline for Defendants to file their oppositions to DE #147 is extended, nunc pro tunc, to and including 6/12/2020. Further, the deadline for Plaintiff to file a reply in support of DE #147 is extended to and including 6/26/2020. Ordered by Magistrate Judge Steven I. Locke on 6/10/2020. (Georgescu, Dora)
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| Filing 148 Letter MOTION for Extension of Time to File Response/Reply as to #147 MOTION to Amend/Correct/Supplement #1 Complaint, as to Granoff, Indick, and plaintiff on consent by Gary Granoff. (Rodriguez, Max) |
| Filing 147 MOTION to Amend/Correct/Supplement #1 Complaint, by U.S. Small Business Administration. (Attachments: #1 Declaration of Christine Lewis in Support of Receiver's Motion to Amend the Receiver's Complaint, #2 Exhibit A - Amended Complaint in redline, #3 Memorandum in Support) (Bilodeau, Kelsey) |
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Electronic ORDER granting DE #146 Motion to Adjourn Conference. On consent, the status conference currently scheduled for 4/21/2020 is adjourned to 8/3/2020 at 10:00 a.m. in courtroom 820 of the Central Islip courthouse. Further, the parties' proposed discovery schedule, DE #145 , is adopted and SO ORDERED. Ordered by Magistrate Judge Steven I. Locke on 4/17/2020. (Georgescu, Dora)
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| Filing 146 Letter MOTION to Adjourn Conference to the Honorable Steven I. Locke by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
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Electronic SCHEDULING ORDER: The status conference scheduled for 4/21/2020 will be conducted at 11:00 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Any party seeking a copy of the record of the teleconference must file a letter motion requesting such relief within five days of the conference. Ordered by Magistrate Judge Steven I. Locke on 4/13/2020. (Georgescu, Dora)
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Electronic ORDER granting DE #142 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 4/7/2020. (Georgescu, Dora)
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| Filing 145 Proposed Scheduling Order by All Parties by U.S. Small Business Administration (Bilodeau, Kelsey) |
| Filing 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 2, 2020, before Magistrate Judge Steven I. Locke. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. "Other Filings - Other Documents". Redaction Request due 4/8/2020. Redacted Transcript Deadline set for 4/20/2020. Release of Transcript Restriction set for 6/16/2020. (Rodin, Deanna) |
| Filing 143 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 3/2/2020. The request to stay discovery is denied. See DE #133 and #135 . The parties will submit a proposed discovery schedule on or before April 6, 2020. The draft will include provisions for service and response to document discovery requests and dates for the completion of all depositions (face and expert). Next Status Conference set for 4/21/2020 at 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. (Gandiosi, Kristin) |
| Filing 142 MOTION to Appear Pro Hac Vice of Rayiner Hashem Filing fee $ 150, receipt number ANYEDC-12463917. by Michael Feinsod, Richard Feinstein. (Attachments: #1 Affidavit Affidavit in Support of Motion to Appear Pro Hac Vice) (Hashem, Rayiner) |
| Filing 141 NOTICE of Appearance by Chanwoo Park on behalf of Murray Indick (aty to be noticed) (Park, Chanwoo) |
| Filing 140 NOTICE of Appearance by Joshua Hill, Jr on behalf of Murray Indick (aty to be noticed) (Hill, Joshua) |
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Electronic SCHEDULING ORDER: A status conference before Magistrate Judge Steven I. Locke is set for 3/2/2020 at 11:00 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 2/7/2020. (Georgescu, Dora)
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| Filing 139 STATUS REPORT / Joint Status Report to Magistrate Judge Steven I. Locke by U.S. Small Business Administration (Bilodeau, Kelsey) |
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Electronic STATUS REPORT ORDER: The parties are directed to submit a joint status report on or before 2/6/2020. Ordered by Magistrate Judge Steven I. Locke on 1/23/2020. (Georgescu, Dora)
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| Case randomly reassigned to Magistrate Judge Steven I. Locke. Magistrate Judge Gary R. Brown no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa) |
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ELECTRONIC ORDER RE #133 #135 Motion to Stay. The conference scheduled for January 16, 2020 is adjourned without date. In addition, discovery is stayed pending reassignment of this case to a new magistrate judge, at which time defendants may renew the motion to stay. Ordered by Judge Gary R. Brown on 1/7/2020. c/ecf (Johnston, Linda) Modified on 1/8/2020 (McMorrow, Karen).
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| Filing 138 NOTICE of Appearance by Elizabeth Clarke on behalf of Michael Feinsod, Richard Feinstein (notification declined or already on case) (Clarke, Elizabeth) |
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ELECTRONIC ORDER granting #136 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Gary R. Brown on 12/16/2019. C/ECF (Johnston, Linda)
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| Filing 137 Letter to Magistrate Brown that Plaintiff will be submitting a response next week to Ms. Clarke's motion for pro hac vice admission by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) (Demas, Richard) |
| Filing 136 MOTION to Appear Pro Hac Vice of Elizabeth Clarke Filing fee $ 150, receipt number ANYEDC-12148989. by Michael Feinsod, Richard Feinstein. (Attachments: #1 Affidavit) (Clarke, Elizabeth) |
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ELECTRONIC ORDER re #133 Letter MOTION to Stay filed by Richard Feinstein, Michael Feinsod, #135 Response in Opposition to Motion, filed by U.S. Small Business Administration. The parties should be prepared to raise these issues, DE 133, 135, at the Status Conference set for 1/16/2020 11:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.Ordered by Magistrate Judge Gary R. Brown on 12/9/2019.c/ecf (Johnston, Linda)
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| Filing 135 RESPONSE in Opposition re #133 Letter MOTION to Stay filed by U.S. Small Business Administration. (Attachments: #1 Exhibit A to Receiver's Letter in Opposition, #2 Exhibit B to Receiver's Letter in Opposition, #3 Exhibit C to Receiver's Letter in Opposition) (Demas, Richard) |
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Filing 134
ORDER Dismissing Parties Re: #132 Stipulation of Partial Dismissal with Prejudice; The Clerk of Court is directed to TERMINATE (1) Steven Etra as a Defendant from the docket, and (2) Steven Etra as a Counter-Claimant as against Plaintiff. So Ordered by Judge Joanna Seybert on 12/3/2019. C/ECF (Valle, Christine)
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| Filing 133 Letter MOTION to Stay by Michael Feinsod, Richard Feinstein. (Attachments: #1 Exhibit A - Motion to Lift Stay in Receivership Action, #2 Exhibit B - Settlement Agreement, #3 Exhibit C - Amendment to Settlement Agreement) (Margolis, Sara) |
| Filing 132 STIPULATION of Dismissal Dismissing Plaintiff's Claims against Defendant Steven Etra Only and Dismissing Steven Etra's Counterclaim against Plaintiff by U.S. Small Business Administration (Bilodeau, Kelsey) |
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ORDER granting #131 Motion to Adjourn Conference Status Conference set for 1/16/2020 11:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.Ordered by Magistrate Judge Gary R. Brown on 11/20/2019. (McMorrow, Karen)
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| Filing 131 Letter MOTION to Adjourn Conference Scheduled for November 21, 2019 On Consent by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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ORDER : The parties request an adjournment of tomorrow's telephone conference. That motion is granted. The next conference scheduled is set for 11/21/2019 at 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. Ordered by Magistrate Judge Gary R. Brown on 10/17/2019. (McMorrow, Karen)
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SCHEDULING ORDER granting #128 : Status Conference set for 11/21/2019 at 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown, Central Islip Courthouse. Ordered by Magistrate Judge Gary R. Brown on 10/11/2019. c/ecf (Johnston, Linda)
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| Filing 128 Letter to Magistrate Judge Brown with proposed adjourn dates for a Status Conference by U.S. Small Business Administration (Bilodeau, Kelsey) Modified on 10/11/2019 (McMorrow, Karen). |
| Filing 127 Letter MOTION to Adjourn Conference scheduled for October 10, 2019 by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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ELECTRONIC ORDER granting #127 Motion to Adjourn Conference. Application granted. The status conference scheduled for 10/10/19 is hereby adjourned. The Court is unable, however, to accommodate the requested dates to reschedule the conference due to prior matters scheduled for that date, including trial. Accordingly, the parties are directed to confer and provide in writing three alternative dates in which the Court may conduct the adjourned status conference. Ordered by Magistrate Judge Gary R. Brown on 10/8/2019. c/ecf (Johnston, Linda)
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| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 9/18/2019. Counsel for all sides present. Case settled for defendant Etra, stipulation of discontinuance due within 2 weeks. Settlement proposal made for defendants Feinsod and Mullens, a status letter is due within 30 days. Telephone conference set for 10/18/2019 at 11:00 a.m. To obtain a copy of the transcript counsel should contact ESR Central Islip at (631) 712-6015. Instructions and forms for requesting a transcript can be found at https://www.nyed.uscourts.gov/ under the Court Information tab. (FTR Log #11:16; 4:22-4:26.) (McMorrow, Karen) Modified on 9/20/2019 (McMorrow, Karen). |
| Filing 126 ANSWER to #115 Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 125 ANSWER to #114 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 124 ANSWER to #113 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 123 ANSWER to #112 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 122 ANSWER to #111 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 121 ANSWER to #110 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 120 ANSWER to #109 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 119 ANSWER to #108 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 118 ANSWER to #107 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 117 ANSWER to #106 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 116 ANSWER to #105 Amended Answer to Complaint, Counterclaim / Reply to Counterclaim by U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.). (Bilodeau, Kelsey) |
| Filing 115 Amended ANSWER to Complaint , COUNTERCLAIM against U.S. Small Business Administration by Silvia Mullens. (Michael, Wendy) |
| Filing 114 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration by Steven Etra. (O'Malley, Drew) |
| Filing 113 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by Peter Boockvar. (Seidel, Martin) |
| Filing 112 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by Ivan J. Wolpert. (Seidel, Martin) |
| Filing 111 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by Howard Sommer. (Seidel, Martin) |
| Filing 110 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by Elliott Singer. (Seidel, Martin) |
| Filing 109 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by John Laird. (Seidel, Martin) |
| Filing 108 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by Murray Indick. (Seidel, Martin) |
| Filing 107 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration(as Receiver of Elk Associates Funding Corp.) by Richard Feinstein. (Shur, Justin) |
| Filing 106 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration by Michael Feinsod. (Shur, Justin) |
| Filing 105 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against U.S. Small Business Administration by Gary Granoff. (Spiro, Edward) |
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Filing 104
DISCOVERY SCHEDULING ORDER: Discovery deadlines have been set. Status Conference set for 10/10/2019 11:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. See order for details. Ordered by Magistrate Judge Gary R. Brown on 6/21/2019. (McMorrow, Karen)
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| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Initial Conference Hearing held on 6/18/2019. Counsel for all sides present. Discovery order entered. Settlement Conference set for 9/18/2019 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. If the case does not settle a discovery cut-off date will be set. (FTR Log #11:05-11:33.) (McMorrow, Karen) |
| Filing 103 NOTICE of Appearance by Sara Ellen Margolis on behalf of Michael Feinsod, Richard Feinstein (aty to be noticed) (Margolis, Sara) |
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SCHEDULING ORDER: Initial Conference set for 6/18/2018at 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown, Central Islip Courthouse. Ordered by Magistrate Judge Gary R. Brown on 6/5/2019. (McMorrow, Karen)
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ORDER REASSIGNING CASE. Case reassigned to Judge Joanna Seybert and Magistrate Judge Gary R. Brown for all further proceedings. Judge Kiyo A. Matsumoto, Magistrate Judge Anne Y. Shields no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 6/4/2019. (Bowens, Priscilla)
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| Case Reassigned to Judge Kiyo A. Matsumoto. Judge Joseph F. Bianco no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Russo, Eric) |
| Email Notification Test - DO NOT REPLY. (Coleman, Laurie) |
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ORDER granting #101 Motion to Withdraw as Attorney: Attorney Justin Weiner terminated. So Ordered by Magistrate Judge Anne Y. Shields on 5/6/2019. (Minerva, Deanna)
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Filing 102
ORDER granting #101 motion of Justin B. Weiner to withdraw as counsel of record for Michael Feinsod and Richard Feinstein. IT IS HEREBY ORDERED THAT: Justin B. Weiner of MoloLamken LLP is hereby withdrawn and discharged as counsel of record for Michael Feinsod and Richard Feinstein in this case. IT IS FURTHER ORDERED THAT: Justin B. Weiner, whose email address is jweiner@mololamken.com, is removed from the case docket and from receiving ECF notifications. Ordered by Judge Joseph F. Bianco on 5/3/2019. (Coleman, Laurie)
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| Filing 101 MOTION to Withdraw as Attorney of Justin B. Weiner by Michael Feinsod, Richard Feinstein. (Weiner, Justin) |
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ORDER granting #100 Motion to Adjourn Conference: Based on the joint request of the parties, the initial conference scheduled for May 6, 2019 is adjourned to June 18, 2019 at 10:30 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel shall appear. So Ordered by Magistrate Judge Anne Y. Shields on 5/2/2019. (Minerva, Deanna)
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| Filing 100 Joint MOTION to Adjourn Conference scheduled for May 6, 2019 to June 5, 6, 17, or 18 by Michael Feinsod, Richard Feinstein. (Shur, Justin) |
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Filing 99
ORDER: Initial Conference set for 5/6/2019 at 10:30 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. So Ordered by Magistrate Judge Anne Y. Shields on 4/3/2019. (Attachments: #1 AYS Rules) (Torres, Jasmine)
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| Filing 98 AMENDED ANSWER to #1 Complaint, by Ivan J. Wolpert. (Seidel, Martin) |
| Filing 97 AMENDED ANSWER to #1 Complaint, by Peter Boockvar. (Seidel, Martin) |
| Filing 96 AMENDED ANSWER to #1 Complaint, by Murray Indick. (Seidel, Martin) |
| Filing 95 AMENDED ANSWER to #1 Complaint, by Elliott Singer. (Seidel, Martin) |
| Filing 94 AMENDED ANSWER to #1 Complaint, by John Laird. (Seidel, Martin) |
| Filing 93 AMENDED ANSWER to #1 Complaint, by Howard Sommer. (Seidel, Martin) |
| Filing 92 AMENDED ANSWER to #1 Complaint, by Richard Feinstein. (Shur, Justin) |
| Filing 91 AMENDED ANSWER to #1 Complaint, by Michael Feinsod. (Shur, Justin) |
| Filing 90 AMENDED ANSWER to #1 Complaint, by Gary Granoff. (Spiro, Edward) |
| Filing 89 AMENDED ANSWER to Complaint by Silvia Mullens. (Michael, Wendy) |
| Filing 88 AMENDED ANSWER to Complaint by Steven Etra. (O'Malley, Drew) |
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Filing 87
ORDER granting #86 Motion to Amend/Correct/Supplement Ordered by Judge Joseph F. Bianco on 3/4/2019. (Bollbach, Jean)
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| Filing 86 Letter MOTION to Amend/Correct/Supplement by U.S. Small Business Administration. (Attachments: #1 Stipulation) (Bilodeau, Kelsey) |
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ORDER granting #85 Motion for Extension of Time to File. The Court has received plaintiff's motion to extend the briefing schedule for the Receiver to file a motion pursuant to FRCP 12(f) in light of the lapse in appropriations. IT IS HEREBY ORDERED that the motion for an extension is granted. The Receiver shall file any motion pursuant to FRCP 12(f) within twenty one (21) days after appropriations are restored, the response shall be submitted twenty one (21) days after that date, and the reply shall be submitted fourteen (14) days thereafter. The oral argument scheduled for March 26, 2019 is canceled and shall be rescheduled once the motion has been submitted. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/25/2019. (Chill, Alana)
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| Filing 85 Letter MOTION for Extension of Time to File / Extension of Briefing Schedule by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 84 NOTICE of Appearance by Max Ephraim Rodriguez on behalf of Gary Granoff (aty to be noticed) (Rodriguez, Max) |
| Filing 83 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 12/18/2018, motion to be filed by 1/31/19; response by 2/21/19 and reply by 3/7/19 ( oral argument set for 3/26/2019 01:30 PM by telephone before Judge Joseph F. Bianco.) (FTR Log #2:22-2:34.) (Bollbach, Jean) Modified on 12/18/2018 (Bollbach, Jean). (Main Document 83 replaced on 12/18/2018) (Bollbach, Jean). |
| Filing 82 Letter re premotion conference set for 12/18/2018, on behalf of all Defendants by Gary Granoff (Spiro, Edward) |
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ORDER granting #81 Motion for Pre Motion Conference. The Court has received the plaintiff's letter requesting a pre-motion conference in anticipation of moving to strike affirmative defenses pursuant to FRCP 12(f). IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Tuesday, December 18, 2018 at 2:00 p.m. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631)-712-5670. Prior to the date of the conference, defendants may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/28/2018. (Chill, Alana)
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| Filing 81 Letter MOTION for pre motion conference , Letter MOTION for Extension of Time to File Motion Pursuant to Fed. R. Civ. P. 12(f) by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 80 ANSWER to #1 Complaint, with Affirmative Defenses by Silvia Mullens. (Michael, Wendy) |
| Filing 79 ANSWER to #1 Complaint, by Richard Feinstein. (Shur, Justin) |
| Filing 78 ANSWER to #1 Complaint, by Michael Feinsod. (Shur, Justin) |
| Filing 77 ANSWER to #1 Complaint, by Ivan J. Wolpert. (Seidel, Martin) |
| Filing 76 ANSWER to #1 Complaint, by Peter Boockvar. (Seidel, Martin) |
| Filing 75 ANSWER to #1 Complaint, by Murray Indick. (Seidel, Martin) |
| Filing 74 ANSWER to #1 Complaint, by Elliott Singer. (Seidel, Martin) |
| Filing 73 ANSWER to #1 Complaint, by John Laird. (Seidel, Martin) |
| Filing 72 ANSWER to #1 Complaint, by Howard Sommer. (Seidel, Martin) |
| Filing 71 ANSWER to #1 Complaint, Defenses and Jury Demand by Gary Granoff. (Glaser, Miriam) |
| Filing 70 NOTICE by Steven Etra of Missing Signature Block (Attachments: #1 Exhibit Exhibit A) (O'Malley, Drew) |
| Filing 69 ANSWER to #1 Complaint, Defenses and Jury Demand by Steven Etra. (O'Malley, Drew) |
| Filing 68 NOTICE of Change of Firm, Address and email for Mark A. Kornfeld (O'Malley, Drew) |
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ORDER granting #67 Motion for Extension of Time to Answer: Peter Boockvar answer due 11/14/2018; Steven Etra answer due 11/14/2018; Michael Feinsod answer due 11/14/2018; Richard Feinstein answer due 11/14/2018; Gary Granoff answer due 11/14/2018; Murray Indick answer due 11/14/2018; John Laird answer due 11/14/2018; Silvia Mullens answer due 11/14/2018; Elliott Singer answer due 11/14/2018; Howard Sommer answer due 11/14/2018; Ivan J. Wolpert answer due 11/14/2018. So Ordered by Magistrate Judge Anne Y. Shields on 10/9/2018. (Minerva, Deanna)
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| Filing 67 Consent MOTION for Extension of Time to File Answer to Complaint by Peter Boockvar, Steven Etra, Michael Feinsod, Richard Feinstein, Gary Granoff, Murray Indick, John Laird, Silvia Mullens, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Shur, Justin) |
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Filing 66
MEMORANDUM AND ORDER. For the reasons set forth herein, defendants' motions to dismiss are granted as to plaintiff's claim for aiding and abetting breach of fiduciary duty, and defendants Feinsod's, Feinstein's, and Mullens' motions to dismiss are granted as to plaintiff's claim for conspiracy. Defendants' motions to dismiss are denied in all other respects. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/1/2018. (Kuhn, Alyssa)
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ORDER granting in part and denying in part #31 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #39 Motion to Dismiss; granting in part and denying in part #40 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #47 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #48 Motion to Dismiss for Failure to State a Claim. IT IS HEREBY ORDERED that defendants' motions to dismiss are granted in part and denied in part. Defendants' motions to dismiss are granted as to plaintiff's claim for aiding and abetting breach of fiduciary duty. Defendant Feinsod's, Feinstein's, and Mullens' motions to dismiss are granted as to plaintiff's claim for conspiracy. Defendants' motions to dismiss are denied in all other respects. The Memorandum and Order will be filed tomorrow. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/30/2018. (Kuhn, Alyssa)
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| Filing 65 Minute Entry for proceedings held before Judge Joseph F. Bianco:oral argument held on 9/24/2018; decision reserved (FTR Log #10:47-11:57.) (Bollbach, Jean) |
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SCHEDULING ORDER: IT IS HEREBY ORDERED that the oral argument scheduled for earlier this afternoon is rescheduled for Monday, September 24, 2018, at 10:30 a.m., in Courtroom 2F at the Brooklyn Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/12/2018. (Kuhn, Alyssa)
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| Filing 64 NOTICE of Appearance by Alan Braunstein on behalf of John Desmond (notification declined or already on case) (Braunstein, Alan) |
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ORDER granting #63 Motion for Leave to Appear Pro Hac Vice: Justin B. Weiner is permitted to argue or try this case, in whole or in part, as counsel for Defendants Michael Feinsod and Richard Feinstein. Mr. Weiner shall register for ECF; registration is available online at the NYED's homepage. Once registered, Mr. Weiner shall file a notice of appearance and ensure that he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 8/27/2018. (Minerva, Deanna)
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| Filing 63 MOTION for Leave to Appear Pro Hac Vice Justin B. Weiner Filing fee $ 150, receipt number 0207-10682006. by Michael Feinsod, Richard Feinstein. (Attachments: #1 Affidavit) (Weiner, Justin) |
| Filing 62 NOTICE of Appearance by Justin Weiner on behalf of Michael Feinsod, Richard Feinstein (aty to be noticed) (Weiner, Justin) |
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ORDER granting #61 Motion for Leave to Appear Pro Hac Vice: Alan L. Braunstein is permitted to argue or try this case, in whole or in part, as counsel for John Desmond, Bankruptcy Trustee. Mr. Braunstein shall register for ECF; registration is available online at the NYED's homepage. Once registered, Mr. Braunstein shall file a notice of appearance and ensure that he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 8/24/2018. (Minerva, Deanna)
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| Filing 61 MOTION for Leave to Appear Pro Hac Vice of Alan L. Braunstein Filing fee $ 150, receipt number 0207-10679610. by John Desmond. (Attachments: #1 Affidavit of Alan Braunstein, #2 Proposed Order) (Braunstein, Alan) |
| Filing 60 NOTICE of Appearance by Drew O'Malley on behalf of Steven Etra (notification declined or already on case) (O'Malley, Drew) |
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ELECTRONIC ORDER granting #59 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 8/15/2018. (Demosthenous, Dina)
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| Filing 59 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10655238. by Steven Etra. (Attachments: #1 Affidavit Affidavit In Support of Motion to Admit Counsel Pro Hac Vice) (O'Malley, Drew) |
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SCHEDULING ORDER: IT IS HEREBY ORDERED that the oral argument scheduled for Monday, September 10, 2018, at 4:30 p.m. is rescheduled for Wednesday, September 12, 2018, at 2:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/10/2018. (Kuhn, Alyssa)
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SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel shall appear in-person on Monday, September 10, 2018, at 4:30 p.m. in Courtroom 1040, 100 Federal Plaza, Central Islip, New York 11722 for oral argument on the pending motions to dismiss. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/8/2018. (Kuhn, Alyssa)
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| Filing 58 NOTICE of Appearance by Barry Glenn Braunstein on behalf of John Desmond (aty to be noticed) (Braunstein, Barry) |
| Case Reassigned to Judge Joseph F. Bianco. Judge Leonard D. Wexler no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Russo, Eric) |
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ELECTRONIC ORDER granting #56 Motion to Reassign Case. See 11/6/2017 Order Reassigning Case. Ordered by Judge Leonard D. Wexler on 11/7/2017. (Russo, Eric)
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ORDER REASSIGNING CASE. Case reassigned to Judge Leonard D. Wexler for all further proceedings. Judge Sandra J. Feuerstein no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 11/6/2017. (Davis, Kimberly)
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| Filing 57 RESPONSE in Opposition re #56 Letter MOTION to Reassign Case to Clerk of Court filed by Michael Feinsod, Richard Feinstein. (Shur, Justin) |
| Filing 56 Letter MOTION to Reassign Case to Clerk of Court by U.S. Small Business Administration. (Bilodeau, Kelsey) |
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Set/Reset Hearings: Initial Conference set for 4/16/2018 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. The Initial Conference scheduled before Judge Feuerstein on October 16, 2017 is adjourned to April 16, 2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 10/11/17. (Roman, Joshua)
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ORDER denying #54 Motion to Reassign Case. The Court has reviewed Plaintiff's letter motion [DE 54] as well as Defendants' opposition to the same [DE 55]. Having done so, the Court points out that the motion has been improperly directed to the undersigned. Specifically, Local Civil Rule 50.3.1 requires that any motion seeking reassignment be made directly to the Clerk of Court. See Local Civil Rule 50.3.1(d). As such, and because the ultimate decision concerning any such reassignment "shall be made by a judge or judges designated by the chief judge, who shall not include the judge to whom the case has been randomly assigned or the judge to whom the case will be assigned if it is determined to be 'related,'" id., Plaintiff's motion is DENIED, without prejudice to refiling before the Clerk of Court. Ordered by Judge Sandra J. Feuerstein on 10/11/2017. (Roman, Joshua)
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| Filing 55 Letter Opposition to Dkt. 54, SBA Motion for Reassignment by Michael Feinsod, Richard Feinstein (Shur, Justin) |
| Filing 54 Letter MOTION to Reassign Case by U.S. Small Business Administration. (Bilodeau, Kelsey) |
| Filing 53 Letter re: Motion to Dismiss by Michael Feinsod, Richard Feinstein (Shur, Justin) |
| Filing 52 REPLY to Response to Motion re #47 Fully Briefed Motion to Dismiss for Failure to State a Claim filed by Michael Feinsod, Richard Feinstein. (Shur, Justin) |
| Filing 51 RESPONSE in Opposition re #47 Fully Briefed Motion to Dismiss for Failure to State a Claim (filed on behalf of Plaintiff) filed by Michael Feinsod, Richard Feinstein. (Attachments: #1 Declaration Affirmation of Steven Weinberg) (Shur, Justin) |
| Filing 50 REPLY in Support of Motion to Dismiss filed by Silvia Mullens. (Michael, Wendy) |
| Filing 49 MEMORANDUM in Opposition by Plaintiff SBA filed by Silvia Mullens. (Attachments: #1 Affidavit in Opposition of Steven Weinberg) (Michael, Wendy) |
| Filing 48 Notice of Motion to Dismiss for Failure to State a Claim by Silvia Mullens. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B) (Michael, Wendy) |
| Filing 47 Fully Briefed Motion to Dismiss for Failure to State a Claim by Michael Feinsod, Richard Feinstein. (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Declaration Declaration of Justin V. Shur with Exhibits) (Shur, Justin) |
| Filing 46 Letter re Motion to Dismiss by Silvia Mullens (Michael, Wendy) |
| Filing 45 Letter Re: Submission of Fully Briefed Motion to Dismiss by Gary Granoff (Spiro, Edward) |
| Filing 44 REPLY in Support re #40 Motion to Dismiss for Failure to State a Claim filed by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Seidel, Martin) |
| Filing 43 MEMORANDUM in Opposition re #40 Motion to Dismiss for Failure to State a Claim filed on behalf of Plaintiff filed by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Attachments: #1 Affirmation of Steven Weinberg) (Seidel, Martin) |
| Filing 42 REPLY in Support re #39 MOTION to Dismiss on Behalf of Defendant Granoff filed by Gary Granoff. (Spiro, Edward) |
| Filing 41 MEMORANDUM in Opposition re #39 MOTION to Dismiss on Behalf of Defendant Granoff on Behalf of Plaintiff filed by Gary Granoff. (Attachments: #1 Affirmation of Steven Weinberg, #2 Letter Re: Service of Opposition) (Spiro, Edward) |
| Filing 40 Motion to Dismiss for Failure to State a Claim by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert. (Attachments: #1 Memorandum in Support) (Seidel, Martin) |
| Filing 39 MOTION to Dismiss on Behalf of Defendant Granoff by Gary Granoff. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss Plaintiff's Complaint, #2 Letter Re: Service of Motion to Dismiss) (Spiro, Edward) |
| Filing 38 Letter to Judge Feuerstein re: Courtesy Copies of Steven Etra's Motion to Dismiss and Supporting Documents by Steven Etra (Murphy, Keith) |
| Filing 37 REPLY in Support re #31 Motion to Dismiss for Failure to State a Claim filed by Steven Etra. (Murphy, Keith) |
| Filing 36 Letter Regarding Motion to Dismiss Bundle Filing by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert (Seidel, Martin) |
| Filing 35 AFFIDAVIT/DECLARATION in Opposition re #31 Motion to Dismiss for Failure to State a Claim (Filed on Behalf of Plaintiff) filed by Steven Etra. (Attachments: #1 Exhibit A-Complaint) (Murphy, Keith) |
| Filing 34 MEMORANDUM in Opposition re #31 Motion to Dismiss for Failure to State a Claim (Filed on Behalf of Plaintiff) filed by Steven Etra. (Murphy, Keith) |
| Filing 33 AFFIDAVIT/DECLARATION in Support re #31 Motion to Dismiss for Failure to State a Claim (Declaration of Keith R. Murphy) filed by Steven Etra. (Attachments: #1 Exhibit A-Board Meeting Minutes for May 26, 2009, #2 Exhibit B-December 15, 2009 and March 23, 2010 Loan Documents, #3 Exhibit C-January 19, 2012 Letter, #4 Exhibit D-Board Meeting Minutes for February 22, 2012, #5 Exhibit E-Board Meeting Minutes for February 24, 2012, #6 Exhibit F-March 13, 2012 Correspondence) (Murphy, Keith) |
| Filing 32 MEMORANDUM in Support re #31 Motion to Dismiss for Failure to State a Claim filed by Steven Etra. (Murphy, Keith) |
| Filing 31 Motion to Dismiss for Failure to State a Claim by Steven Etra. (Murphy, Keith) |
| Filing 30 AFFIDAVIT of Service for Plaintiff's Opposition to Motion to Dismiss and Service Letter served on All Defendants on 09/20/2017, filed by U.S. Small Business Administration. (Attachments: #1 Affidavit of Service of Plaintiff's Oppositions to Omnibus Motion to Dismiss) (Embrey, Arlene) |
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ORDER granting #29 Motion for Extension of Time to File. The parties' proposed briefing schedule is So Ordered. The fully briefed motions to dismiss shall be filed on or before 10/6/2017. Ordered by Judge Sandra J. Feuerstein on 8/24/2017. (Walsh, Kenneth)
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| Filing 29 Letter MOTION for Extension of Time to File to the Honorable Sandra J. Feuerstein by U.S. Small Business Administration. (Attachments: #1 Stipulation) (Bilodeau, Kelsey) |
| Filing 28 Letter Regarding Motion to Dismiss by Gary Granoff (Spiro, Edward) |
| Filing 27 Letter regarding omnibus motion to dismiss by Michael Feinsod, Richard Feinstein (Shur, Justin) |
| Filing 26 NOTICE of Appearance by Justin Vaun Shur on behalf of Michael Feinsod, Richard Feinstein (aty to be noticed) (Shur, Justin) |
| Filing 25 Letter re: Steven Etra's Motion to Dismiss the Complaint by Steven Etra (Murphy, Keith) |
| Filing 24 NOTICE of Appearance by Michael A. Sabella on behalf of Steven Etra (aty to be noticed) (Sabella, Michael) |
| Filing 23 NOTICE of Appearance by Keith R. Murphy on behalf of Steven Etra (aty to be noticed) (Murphy, Keith) |
| Filing 22 NOTICE of Appearance by Mark Kornfeld on behalf of Steven Etra (aty to be noticed) (Kornfeld, Mark) |
| Filing 21 Letter Regarding Motion to Dismiss by Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert (Seidel, Martin) |
| Filing 20 Letter re Service of Motion to Dismiss by Silvia Mullens (Michael, Wendy) |
| Filing 19 NOTICE of Appearance by Wendy Michael on behalf of Silvia Mullens (aty to be noticed) (Michael, Wendy) |
| Filing 18 NOTICE of Appearance by Martin L. Seidel on behalf of Peter Boockvar, Murray Indick, John Laird, Elliott Singer, Howard Sommer, Ivan J. Wolpert (aty to be noticed) (Seidel, Martin) |
| Filing 17 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Ivan J. Wolpert waiver sent on 6/14/2017, answer due 8/14/2017. (Embrey, Arlene) |
| Filing 16 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Howard Sommer waiver sent on 6/14/2017, answer due 8/14/2017. (Embrey, Arlene) |
| Filing 15 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Elliott Singer waiver sent on 6/14/2017, answer due 8/14/2017. (Embrey, Arlene) |
| Filing 14 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. John Laird waiver sent on 6/14/2017, answer due 8/14/2017. (Embrey, Arlene) |
| Filing 13 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Murray Indick waiver sent on 6/14/2017, answer due 8/14/2017. (Embrey, Arlene) |
| Filing 12 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Peter Boockvar waiver sent on 6/14/2017, answer due 8/14/2017. (Embrey, Arlene) |
| Filing 11 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Gary Granoff waiver sent on 6/27/2017, answer due 8/28/2017. (Embrey, Arlene) |
| Filing 10 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Steven Etra waiver sent on 6/21/2017, answer due 8/21/2017. (Embrey, Arlene) |
| Filing 9 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Silvia Mullens waiver sent on 6/21/2017, answer due 8/21/2017. (Embrey, Arlene) |
| Filing 8 WAIVER OF SERVICE Returned Executed by U.S. Small Business Administration. Michael Feinsod waiver sent on 6/27/2017, answer due 8/28/2017; Richard Feinstein waiver sent on 6/27/2017, answer due 8/28/2017. (Embrey, Arlene) |
| Filing 7 NOTICE of Appearance by Miriam Litvac Glaser on behalf of Gary Granoff (aty to be noticed) (Glaser, Miriam) |
| Filing 6 NOTICE of Appearance by Edward M. Spiro on behalf of Gary Granoff (aty to be noticed) (Spiro, Edward) |
| Filing 5 CERTIFICATE OF SERVICE by U.S. Small Business Administration re Notice of Hearing, (Embrey, Arlene) |
| NOTICE of Hearing: Initial Conference set for 10/16/2017 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing on Defendants and file proof of such service with the Court. c/ECF (Walsh, Kenneth) |
| Filing 4 Summons Issued as to All Defendants. (Landow, Concetta) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9603522 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by U.S. Small Business Administration. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Weinberg, Steven) Modified on 6/15/2017 (Landow, Concetta). |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) |
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