Creaven v. Erickson
Plaintiff: Patrick Creaven
Defendant: Stephen Erickson
Case Number: 2:2019cv00330
Filed: January 16, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Denis R Hurley
Referring Judge: Steven I Locke
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2022 Filing 42 USCA Appeal Fees received $ 505 receipt number NYE032551 re #41 Notice of Appeal filed by Patrick Creaven (Landow, Concetta)
April 21, 2022 Filing 41 NOTICE OF APPEAL as to #40 Clerk's Judgment by Patrick Creaven. (Landow, Concetta)
April 21, 2022 Electronic Index to Record on Appeal sent to US Court of Appeals. #41 Notice of Appeal; Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta)
March 24, 2022 Filing 40 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Patrick Creaven take nothing of Defendant Stephen Erickson; that Defendant's motion for summary judgment is granted; that Plaintiff's cross-motion for summary judgment is denied; and that this case is closed. Ordered by Clerk of Court on 3/24/2022. (Toritto, Jim)
March 24, 2022 Opinion or Order Filing 39 ORDER granting #25 Motion for Summary Judgment; denying #31 Motion for Summary Judgment: Erickson's motion for summary judgment is granted and Creaven's cross-motion is denied. The Clerk of Court is directed to enter judgment accordingly and to close this case.See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 3/24/2022. (Gapinski, Michele)
March 25, 2021 Filing 38 REPLY in Support re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 37 RULE 56.1 STATEMENT re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule, #25 MOTION for Summary Judgment Counterstatement to Plaintiff's Rule 56.1 Statement filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 36 REPLY in Support re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule, #25 MOTION for Summary Judgment and in Opposition to Plaintiff's #31 Cross MOTION for Summary Judgment filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 35 RULE 56.1 STATEMENT re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule, #25 MOTION for Summary Judgment Plaintiff's Counterstatement to Defendant's Rule 56.1 Statement by Plaintiff under Bundle Rule filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 34 RULE 56.1 STATEMENT re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule, #25 MOTION for Summary Judgment by Plaintiff under Bundle Rule filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 33 MEMORANDUM in Opposition re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule, #25 MOTION for Summary Judgment and in Support of #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 32 AFFIDAVIT/DECLARATION in Opposition re #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule, #25 MOTION for Summary Judgment and in Support of #31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule filed by Stephen Erickson. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Letter Agreement, #3 Exhibit C - Answer, #4 Exhibit D - Letter of Intent and Term Sheet, #5 Exhibit E - Asset Purchase Agreement, #6 Exhibit F - Offer Letter, #7 Exhibit G - Employment Agreements, #8 Exhibit H - Defendant's Pre-Motion Letter, #9 Exhibit I - MSB Long-Term Incentive Plan, #10 Exhibit J - Agreement for Subservicing and Termination of Certain Provision of Asset Purchase Agreement, #11 Exhibit K - EBT Transcript of Patrick Creaven, #12 Exhibit L - EBT Transcript of Stephen Erickson, #13 Exhibit M - Part I - Plaintiff's Response to Defendant's Interrogatories and Discovery Demands, #14 Exhibit M - Part II - Plaintiff's Response to Defendant's Interrogatories and Discovery Demands, #15 Exhibit N - Declaration of Douglas J. Tucker, #16 Exhibit O - Declaration of Stephen Erickson, #17 Exhibit P - Shareholder Update 9/29/2015, #18 Exhibit Q - Declaration of Kyle Johnson) (Murphy, James)
March 25, 2021 Filing 31 Cross MOTION for Summary Judgment by Plaintiff under Bundle Rule by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 30 MEMORANDUM in Support re #25 MOTION for Summary Judgment filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 29 RULE 56.1 STATEMENT re #25 MOTION for Summary Judgment filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 28 AFFIDAVIT/DECLARATION in Support re #25 MOTION for Summary Judgment of Douglas J. Tucker filed by Stephen Erickson. (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit B - Promissory Note, #3 Exhibit C - Mutual Release, #4 Exhibit D - Agreement for Subservicing and Termination of Certain Provision of Asset Purchase Agreement, #5 Exhibit E - Employment Agreement, #6 Exhibit F - MSB Long-Term Incentive Plan) (Murphy, James)
March 25, 2021 Filing 27 AFFIDAVIT/DECLARATION in Support re #25 MOTION for Summary Judgment of Stephen Erickson filed by Stephen Erickson. (Murphy, James)
March 25, 2021 Filing 26 AFFIDAVIT/DECLARATION in Support re #25 MOTION for Summary Judgment of James F. Murphy filed by Stephen Erickson. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Letter Agreement, #3 Exhibit C - Answer, #4 Exhibit D - Letter of Intent, #5 Exhibit E - Asset Purchase Agreement, #6 Exhibit F - Written Consent of Shareholders, #7 Exhibit G - Employment Agreement, #8 Exhibit H - MSB Long-Term Incentive Plan, #9 Exhibit I - Agreement for Subservicing and Termination of Certain Provision of Asset Purchase Agreement, #10 Exhibit J - Mutual Release, #11 Exhibit K - Notice of Removal, #12 Exhibit L - EBT Transcript of Patrick Creaven, #13 Exhibit M - EBT Transcript of Stephen Erickson) (Murphy, James)
March 25, 2021 Filing 25 MOTION for Summary Judgment by Stephen Erickson. (Murphy, James)
December 4, 2020 Opinion or Order SCHEDULING ORDER: re [22, 23, 24] : The Court waives its requirement for a premotion conference sand sets the following briefing schedule for the proposed motions for summary judgment: defendant shall serve, but not file, moving papers on or before January 11, 2021; plaintiff shall serve, but not file, papers in opposition to defendant's motion and in support of his cross motion on or before February 12, 2021; defendant shall serve, but not file, reply papers in support of his motion and papers in opposition to the cross-motion on or before March 12, 2021; plaintiff shall serve reply papers in support of his cross-motion and file all papers with the Court, including a courtesy copy for Chambers, on or before March 26, 2021. Ordered by Judge Denis R. Hurley on 12/4/2020. (Gapinski, Michele)
October 30, 2020 Filing 24 Letter Update to Letter filed on 10/16/20 by Patrick Creaven (Marrone, Gerard)
October 16, 2020 Opinion or Order ORDER re [22, 23] : Given that Plaintiff wishes to amend the complaint, the applications for a pre motion conference are denied without prejudice at this time. Plaintiff should address the request to file an amended complaint to Judge Locke. The parties may renew their requests for a pre-motion conference within ten (10) days of a decision on the motion to amend. Ordered by Judge Denis R. Hurley on 10/16/2020. (Gapinski, Michele)
October 15, 2020 Filing 23 Letter Responding to Defendant's Summary Judgment Letter by Patrick Creaven (Marrone, Gerard)
September 30, 2020 Motions terminated, docketed incorrectly: #22 Letter MOTION for pre motion conference in Connection with Defendant's Anticipated Motion for Summary Judgment filed by Stephen Erickson. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin)
September 30, 2020 Filing 22 Letter application for pre motion conference in Connection with Defendant's Anticipated Motion for Summary Judgment by Stephen Erickson. (Murphy, James) Modified on 10/1/2020 (Cubano, Jazmin).
September 2, 2020 Opinion or Order Filing 21 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 9/2/2020. Discovery is closed. Defendant will commence summary judgment motion practice on or before September 30, 2020. So Ordered by Magistrate Judge Steven I. Locke on 9/2/2020. (Gandiosi, Kristin)
September 2, 2020 Opinion or Order Order Certifying Discovery is complete. Ordered by Magistrate Judge Steven I. Locke on 9/2/2020. (Gandiosi, Kristin)
August 24, 2020 Filing 20 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 8/24/2020. No appearance from plaintiff. Status Conference adjourned to 9/2/2020 at 12:00 PM before Magistrate Judge Steven I. Locke. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin)
June 18, 2020 Filing 19 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 6/18/2020. The next status conference is set for August 24, 2020. The parties will have completed discovery by this date and be prepared to discuss either summary judgment motion practice or a final pretrial order. Next Tele-Status Conference set for 8/24/2020 at 10:15 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)
April 28, 2020 Filing 18 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 4/28/2020. The parties will have either completed discovery by the next conference or appear with a proposed schedule to complete all outstanding tasks. Next Tele-Status Conference set for 6/18/2020 at 10:00 AM before Magistrate Judge Steven I. Locke. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin)
April 27, 2020 Filing 17 NOTICE of Appearance by Annemarie Susan Jones on behalf of Stephen Erickson (aty to be noticed) (Jones, Annemarie)
April 13, 2020 Opinion or Order Electronic SCHEDULING ORDER: The status conference scheduled for 4/28/2020 will be conducted at 10:30 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)
March 15, 2020 Opinion or Order Electronic SCHEDULING ORDER: Due to a change in the Court's calendar, the pretrial conference currently scheduled for 4/13/2020 is adjourned to 4/28/2020 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 3/15/2020. (Georgescu, Dora)
January 27, 2020 Filing 16 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/27/2020. The final Pretrial Conference is set for 4/13/2020 at 10:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. (Gandiosi, Kristin)
November 22, 2019 Opinion or Order Electronic ORDER granting DE #15 Motion to Adjourn Conference. On consent, the status conference currently scheduled for 12/5/2019 is adjourned to 1/27/2020 at 10:00 a.m. before Magistrate Judge Steven I. Locke in courtroom 820 of the Central Islip courthouse, as the Court is unavailable on the date proposed by counsel. Ordered by Magistrate Judge Steven I. Locke on 11/22/2019. (Georgescu, Dora)
November 21, 2019 Filing 15 Letter MOTION to Adjourn Conference by Patrick Creaven (Marrone, Gerard) Modified on 11/22/2019 to edit to a motion(Cubano, Jazmin).
October 3, 2019 Filing 14 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 10/3/2019. Next Status Conference set for 12/5/2019 at 10:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. (Gandiosi, Kristin)
August 26, 2019 Filing 13 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 8/26/2019,. Next Status Conference set for 10/3/2019 at 10:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. (Gandiosi, Kristin)
August 22, 2019 Filing 12 NOTICE of Appearance by Teresa M.C. Myers on behalf of Stephen Erickson (aty to be noticed) (Myers, Teresa)
May 20, 2019 Opinion or Order Filing 11 PROTECTIVE ORDER. The parties' Proposed Confidentiality Order, DE [8-1], is So Ordered; see attached. Ordered by Magistrate Judge Steven I. Locke on 5/20/2019. (Georgescu, Dora)
May 20, 2019 Opinion or Order Filing 10 SCHEDULING ORDER: Discovery deadlines set; see attached. Next status conference is set for 8/26/2019 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. The final pretrial conference is set for 4/13/2020 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. A joint proposed pretrial order must be electronically filed 3 days prior to this conference. Ordered by Magistrate Judge Steven I. Locke on 5/20/2019. (Georgescu, Dora)
May 20, 2019 Filing 9 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Initial Conference Hearing held on 5/20/2019. The Court has adopted and So Ordered the joint proposed scheduling order submitted by the parties. Next status conference is set for 8/26/2019 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. The pretrial conference is set for 4/13/2020 at 10:30 a.m.in courtroom 820 of the Central Islip courthouse. A joint proposed pretrial order must be electronically filed 3 days prior to this conference. (Georgescu, Dora)
May 15, 2019 Filing 8 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Exhibit A Proposed Protective Order) (Murphy, James)
March 23, 2019 Opinion or Order Filing 7 INITIAL CONFERENCE ORDER: An Initial Conference is set for 5/20/2019 at 11:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 3/23/2019. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (Gandiosi, Kristin)
February 19, 2019 Opinion or Order ORDER re #6 : The application to strike Plaintiff's "Opposition to Removal", DE #5 , is denied. However, as the Opposition to Removal does not comply with the requirements for a motion, there is currently no application pending before the Court to remand this matter. Ordered by Judge Denis R. Hurley on 2/19/2019. (Gapinski, Michele)
February 16, 2019 Motions terminated, docketed incorrectly: #6 MOTION for pre motion conference re #5 Affidavit in Opposition as defective to constitute a motion to remand under Fed. R. Jud. P. 1447 and Local Rule 7.1 MOTION to Strike Opposition of Plaintiff filed as Dkt 5 filed by Stephen Erickson. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin)
February 16, 2019 Filing 6 Letter application for pre motion conference re #5 Affidavit in Opposition as defective to constitute a motion to remand under Fed. R. Jud. P. 1447 and Local Rule 7.1, MOTION to Strike Opposition of Plaintiff filed as Dkt 5 by Stephen Erickson. (Murphy, James) Modified on 2/19/2019 (Cubano, Jazmin).
February 1, 2019 Filing 5 AFFIDAVIT in Opposition re #1 Notice of Removal, by Patrick Creaven. (Marrone, Gerard)
January 23, 2019 Filing 4 ANSWER to Complaint by Stephen Erickson. (Murphy, James)
January 17, 2019 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. (Flanagan, Doreen)
January 17, 2019 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
January 17, 2019 Case Assigned to Judge Denis R. Hurley and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen)
January 16, 2019 Filing 1 NOTICE OF REMOVAL by Stephen Erickson from Supreme Court of the State of New York, County of Nassau, Case Number 612407/2018. ( Filing fee $ 400 receipt number ANYEDC-11112287). Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Exhibit A - Document List, #2 Exhibit B - Summons & Complaint and Affidavit of Service, #3 Certificate of Service, #4 Civil Cover Sheet) (Murphy, James) Modified on 1/17/2019 (Flanagan, Doreen).

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Defendant: Stephen Erickson
Represented By: James F. Murphy
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Plaintiff: Patrick Creaven
Represented By: Gerard M. Marrone
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