McEssy v. Gray, Jr. et al
| William H. McEssy |
| Gregory W. Gray, Jr., Gregory P. Edwards, Archipel Capital, LLC, BIM Management, LP, Bennington Investment Management, Inc., Nixon Peabody, LLP, John Koeppel, Esq., Bennington-Everloop, LP, Archipel Capital - Agrivida, LLC, Archipel Capital-Bloom Energy LP, Archipel Capital-Late Stage Fund, LP, Archipel Capital Lineagen, LP, Archipel Capital -Social Media Fund, LP, MV Liquidity Fund, LLC, MV Liquidity Fund 1, LLC, Microventure Marketplace, Inc., Jane Does (1-10), Mary Roes (#1-10), Archipel Capital-Social Media Fund 3, LP, Archipel Capital - Social Media Fund II, LP and Archipel Capital - Social Media Fund 4, LP |
| 1:2015cv01462 |
| December 9, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Therese Wiley Dancks |
| David N. Hurd |
| Securities/Commodities/Exchanges |
| 18 U.S.C. ยง 1961 |
| Plaintiff |
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Filing
285
CONSENT JUDGMENT: It is hereby Ordered, Adjudged and Decreed: that this Court has jurisdiction over the subject matter of this case and personal jurisdiction over Defendant; that venue is proper pursuant to 28 U.S.C. 1391(b)(2); Section 22(a) of the Securities Act (15 U.S.C. 77v(a)); and Section 27 of the Exchange Act (15 U.S.C.78aa); that the Parties consent and agree to the entry of a stipulated judgment in the amount of $4,663,263 against Defendant Gregory W. Gray, Jr. on Counts I, V, a nd VII of the SAC, equal to the amount of the principal investment of Plaintiff as alleged at Paragraph 84 of the SAC minus the restitution payments received by Plaintiff to date in connection with that action styled SEC v. Gregory Gray, Jr., et al. Case No. 15 CIV 1465 (LAK) (the "SEC Matter"). Plaintiff hereby waives all claims to prejudgment interest, punitive damages, costs, and attorneys' fees against Defendant as to Counts I, V, and VII of the SAC.; that this Consent Judgm ent will be further reduced, on a dollar-for-dollar basis, by any restitution paid, or deemed by court order to have been paid, in liquid funds from any source; that this Consent Judgment is entered into by the Parties for the purpose of resolution, by consent, of all of Plaintiff's damages related to Counts I, V and VII of the SAC. The Court makes no findings of fact or conclusions of law concerning any of the allegations or claims asserted by Plaintiff against Defendant in this proceedin g. However nothing in this paragraph shall be construed as diminishing or otherwise affecting Defendant's obligations and responsibilities under this Consent Judgment and that this Consent Judgment shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors and assigns.Signed by Judge David N. Hurd on 03/11/2020. (Copy served upon Gregory W. Gray, Jr., 60 School Street #1192, Orchard Park, NY 14127 via regular mail on 3/11/2020.)(hmr)
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Filing
261
MEMORANDUM-DECISION & ORDER: Plaintiff proceed to trial against Edwards to prove his liability, and, if liability is proven, damages for Counts I and V of the Second Amended Complaint; Plaintiff proceed to trial against Gray to prove damages for Coun ts I, V, and VII of the Second Amended Complaint; Plaintiff's proof of damages against Gray will be used by this Court to ascertainhis damages suffered by BIM and Archipel; All Pretrial submissions pursuant to paragraph 12(B) of the Uniform Pret rial Scheduling Order at Dkt. No. 118, including any motions in limine, shall be filed no later than Tuesday, March 10, 2020 at 5:00 p.m.; and Plaintiff, Edwards, and Gray appear at the Utica Federal Courthouse, 10 Broad Street, Utica, New York, 13501, at 9:30 a.m. on Monday, March 23, 2020, for jury selection and trial. Signed by Judge David N. Hurd on 12/13/2019. (Copy served upon Gregory W. Gray, Jr. via regular mail on 12/13/2019)(see)
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