Kohlberg et al v. Birdsey et al
Plaintiff: Marjorie Kohlberg, Melissa Lassor, Thomas McDougall, David Eijadi, Jason Steinbock, Peter D. Ottavio, Betsy Sears and Mary Lou Jurkowski
Defendant: Tom Birdsey, LONG POINT CAPITAL, INC., Long Point Capital Fund II, L.P., LONG POINT CAPITAL PARTNERS II, L.P., LONG POINT CAPITAL FUND III, L.P., Loing Point Capital Partners III, L.P., Ira Starr, Norman Scherr, Eric Von Stroh and GreatBanc Trust Company
Case Number: 1:2023cv01437
Filed: November 16, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Anne M Nardacci
Referring Judge: Daniel J Stewart
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2024 Filing 91 NOTICE OF APPEARANCE by John N. Yokow on behalf of All Plaintiffs (Yokow, John)
January 4, 2024 Filing 90 RESPONSE in Opposition re #86 MOTION to Dismiss for Failure to State a Claim filed by GreatBanc Trust Company. Motion returnable before Judge Anne M. Nardacci filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio. (Rakhunov, Phillip)
December 13, 2023 Filing 89 TEXT ORDER granting the parties' joint #87 Letter Request seeking an extension of the briefing schedule with regard to Defendant's pending #86 Motion to Dismiss in this matter. Plaintiffs shall file response to the motion on or before January 4, 2024. Defendant shall file any reply to the response on or before January 25, 2024. The motion is returnable before the undersigned and will be taken on submission. No oral argument will be heard unless otherwise directed by the Court. SO ORDERED by U.S. District Judge Anne M. Nardacci on 12/13/2023. (mab)
December 11, 2023 Opinion or Order Filing 88 TEXT ORDER: The Initial Rule 16 conference set for 1/8/2023 and the 1/2/2023 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #86 Motion to Dismiss. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/11/2023. (gmd)
December 7, 2023 Filing 87 Letter Motion from Phillip Rakhunov for Thomas McDougall requesting Briefing Schedule re Motion to Dismiss submitted to Judge Daniel J. Stewart . (Rakhunov, Phillip)
December 7, 2023 Filing 86 MOTION to Dismiss for Failure to State a Claim filed by GreatBanc Trust Company. Motion returnable before Judge Anne M. Nardacci Response to Motion due by 12/28/2023. Reply to Response to Motion due by 1/4/2024 (Attachments: #1 Memorandum of Law Memorandum In Support of Motion to Dismiss Amended Complaint, #2 Declaration Declaration of Nicholas H. Callahan in Support of Motion to Dismiss, #3 Exhibit(s) Exhibit 1 to Declaration - Trustee Engagement Agreement, #4 Exhibit(s) Exhibit 2 to Declaration - Signature Pages, #5 Exhibit(s) Exhibit 3 to Declaration - Merger Agreement, #6 Exhibit(s) Exhibit 4 to Declaration - Information Statement, #7 Exhibit(s) Exhibit 5 to Declaration - Ottavio Note, #8 Exhibit(s) Exhibit 6 to Declaration - Steinbock Note, #9 Exhibit(s) Exhibit 7 to Declaration - IRA, #10 Exhibit(s) Exhibit 8 to Declaration - Steinbock Warrant) (Callahan, Nicholas)
December 7, 2023 Filing 85 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/8/2024 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/2/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
December 7, 2023 Filing 84 NOTICE OF APPEARANCE by David Lurie on behalf of GreatBanc Trust Company (Lurie, David)
December 7, 2023 Filing 83 NOTICE OF APPEARANCE by Nicholas Callahan on behalf of GreatBanc Trust Company (Callahan, Nicholas)
December 7, 2023 Filing 82 NOTICE OF APPEARANCE by Roger Stetson on behalf of GreatBanc Trust Company (Stetson, Roger)
December 7, 2023 Opinion or Order Filing 81 TEXT ORDER granting #78 Motion for Limited Admission Pro Hac Vice as to David B. Lurie for defendant. Counsel is reminded that, once the below is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/7/2023.(gmd)
December 7, 2023 Opinion or Order Filing 80 TEXT ORDER granting #77 Motion for Limited Admission Pro Hac Vice as to Nicholas H. Callahan for defendant. Counsel is reminded that, once the below is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/7/2023. (gmd)
December 7, 2023 Opinion or Order Filing 79 TEXT ORDER granting #76 Motion for Limited Admission Pro Hac Vice as to Roger H. Stetson for defendant. Counsel is reminded that, once the below is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/7/2023. (gmd)
November 29, 2023 Filing 78 MOTION for Limited Admission Pro Hac Vice of David B. Lurie Filing fee $100, receipt number ANYNDC-6528910. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) Declaration of Sponsor, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) Efiling Registration form) Motions referred to Daniel J. Stewart. (Smith, Owen)
November 29, 2023 Filing 77 MOTION for Limited Admission Pro Hac Vice of Nicholas H. Callahan Filing fee $100, receipt number ANYNDC-6528909. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) Declaration of Sponsor, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) EFiling Registration) Motions referred to Daniel J. Stewart. (Smith, Owen)
November 29, 2023 Filing 76 MOTION for Limited Admission Pro Hac Vice of Roger H. Stetson Filing fee $100, receipt number ANYNDC-6528905. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) Declaration of Sponsor, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) Efiling Registration) Motions referred to Daniel J. Stewart. (Smith, Owen)
November 29, 2023 Filing 75 NOTICE OF APPEARANCE by Owen Smith on behalf of GreatBanc Trust Company (Smith, Owen)
November 16, 2023 Filing 74 NOTICE OF ADMISSION REQUIREMENT as to Party Greatbanc Trust Company; Attorneys Roger Hudson Stetson, David Lurie, and Nicholas Heim Callahan, Email addresses are roger.stetson@bfkn.com, david.lurie@bfkn.com, and nick.callahan@bfkn.com. Phone numbers are (312)-629-7339; 312-629-7405; and 612-354-7402. Admissions due by 11/30/2023. {Emailed to counsel on 11/16/2023}(see)
November 16, 2023 Filing 73 Case transferred in from District of New York Southern; Case Number 1:22-cv-03079. electronically transferred when case opened
November 16, 2023 TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:23-CV-215 (AMN/DJS). (see)
November 15, 2023 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (ate) Modified on 11/16/2023 (ate). [Transferred from New York Southern on 11/16/2023.]
November 15, 2023 Filing 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/14/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js) [Transferred from New York Southern on 11/16/2023.]
November 15, 2023 Filing 71 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/14/2023 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Marissa Mignano, (631) 813-9335. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/13/2024.(js) [Transferred from New York Southern on 11/16/2023.]
November 9, 2023 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 11/9/2023. Barry Pollack and Phillip Rakunov for Plaintiffs. Nicholas Callahan for Defendant Greatbanc Trust Company. (tdh) [Transferred from New York Southern on 11/16/2023.]
November 9, 2023 Opinion or Order Filing 70 ORDER granting #58 Motion to Transfer Case. Pursuant to the conference held on November 9, 2023, Plaintiffs' motion to transfer this action to the United States District Court for the Northern District of New York, ECF No. 58, is hereby GRANTED. The Clerk of the Court is respectfully directed to close the open motion at ECF No. 58. (Signed by Judge Andrew L. Carter, Jr on 11/9/2023) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/16/2023.]
November 3, 2023 Opinion or Order Filing 69 SECOND AMENDED CONFERENCE ORDER: The Court will now hold a telephonic conference in this action on November 9, 2023 at 3:45PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 11/9/2023 at 03:45 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/3/2023) (ate) [Transferred from New York Southern on 11/16/2023.]
November 3, 2023 Opinion or Order Filing 68 AMENDED CONFERENCE ORDER: The Court will now hold a telephonic conference in this action on November 9, 2023 at 3:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 11/9/2023 at 03:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/3/2023) (ate) [Transferred from New York Southern on 11/16/2023.]
November 2, 2023 Opinion or Order Filing 67 CONFERENCE ORDER: The Court will hold a telephonic conference in this action on November 9, 2023 at 2:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 11/9/2023 at 02:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/2/2023) (ate) [Transferred from New York Southern on 11/16/2023.]
October 26, 2023 Filing 66 RESPONSE re: #65 Letter, Defendant's Letter to Judge Carter from Roger H. Stetson Dated October 26, 2023 in Response to Plaintiff's Letter [ECF 65]. Document filed by Greatbanc Trust Company..(Stetson, Roger) [Transferred from New York Southern on 11/16/2023.]
October 23, 2023 Filing 65 LETTER addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated October 23, 2023 re: REQUEST FOR ORAL ARGUMENT ON THE PENDING MOTION TO TRANSFER, OR A STATUS CONFERENCE. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Pollack, Barry) [Transferred from New York Southern on 11/16/2023.]
September 12, 2023 Filing 64 NOTICE of DECISION FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio. (Attachments: #1 Exhibit A (NDNY Order)).(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
July 6, 2023 Filing 63 REPLY MEMORANDUM OF LAW in Support re: #58 MOTION to Transfer Case TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. . Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2023 Filing 62 DECLARATION of Nicholas H. Callahan in Support re: #61 Response in Opposition to Motion. Document filed by Greatbanc Trust Company. (Attachments: #1 Exhibit 1 - Declaration of I. Starr iso Defendants' Motion to Transfer Venue, #2 Exhibit 2 - Complaint Redline).(Callahan, Nicholas) [Transferred from New York Southern on 11/16/2023.]
June 23, 2023 Filing 61 RESPONSE in Opposition to Motion re: #58 MOTION to Transfer Case TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. . Document filed by Greatbanc Trust Company..(Callahan, Nicholas) [Transferred from New York Southern on 11/16/2023.]
June 2, 2023 Filing 60 DECLARATION of Barry Pollack in Support re: #58 MOTION to Transfer Case TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK.. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio. (Attachments: #1 Exhibit A (Ottavio Declaration), #2 Exhibit B (Lassor Declaration)).(Pollack, Barry) [Transferred from New York Southern on 11/16/2023.]
June 2, 2023 Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION to Transfer Case TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. . Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Pollack, Barry) [Transferred from New York Southern on 11/16/2023.]
June 2, 2023 Filing 58 MOTION to Transfer Case TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Pollack, Barry) [Transferred from New York Southern on 11/16/2023.]
May 22, 2023 Filing 57 MEMO ENDORSEMENT on re: #56 Letter filed by Jason Steinbock, Melissa Lassor, Thomas McDougall, Peter D. Ottavio. ENDORSEMENT: Leave to file a motion to transfer is GRANTED. The party seeking transfer must file its motion by June 5, 2023. ( Motions due by 6/5/2023.) (Signed by Judge Andrew L. Carter, Jr on 5/22/2023) (ate) [Transferred from New York Southern on 11/16/2023.]
March 10, 2023 Filing 56 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated 3/10/2023 re: Anticipated Motion Practice. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
March 8, 2023 Filing 55 LETTER addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated March 8, 2023 re: Response to Defendant's Request for Pre-Motion Conference. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
March 3, 2023 Filing 54 LETTER MOTION for Conference re: #49 Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Roger H. Stetson dated March 3, 2023. Document filed by Greatbanc Trust Company..(Stetson, Roger) [Transferred from New York Southern on 11/16/2023.]
March 1, 2023 Filing 53 LETTER addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated 03/01/2023 re: Motion for Remand. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Pollack, Barry) [Transferred from New York Southern on 11/16/2023.]
February 24, 2023 Filing 52 LETTER addressed to Judge Andrew L. Carter, Jr. from Roger H. Stetson dated February 24, 2023 re: Response to Plaintiff's February, 17, 2023 Letter (Dkt 51). Document filed by Greatbanc Trust Company..(Stetson, Roger) [Transferred from New York Southern on 11/16/2023.]
February 17, 2023 Filing 51 AMENDED LETTER addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated February 17, 2023 re: Motion for Remand. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
February 17, 2023 Filing 50 LETTER addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated February 17, 2023 re: Motion for Remand. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
February 17, 2023 Filing 49 AMENDED COMPLAINT against Greatbanc Trust Company with JURY DEMAND.Document filed by Melissa Lassor, Peter D. Ottavio, Thomas McDougall, Jason Steinbock..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
January 31, 2023 Opinion or Order Filing 48 NOTICE OF VOLUNTARY DISMISSAL OF ACTION: NOW, THEREFORE, plaintiff, Betsy Sears, for herself only, hereby dismisses her causes of action and claims as against all defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and (B). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/31/2023) (ate) [Transferred from New York Southern on 11/16/2023.]
January 26, 2023 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #46 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) [Transferred from New York Southern on 11/16/2023.]
January 25, 2023 Filing 46 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Eric Von Stroh, Greatbanc Trust Company, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr. Document filed by Betsy Sears. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lenahan, Matthew) [Transferred from New York Southern on 11/16/2023.]
January 25, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Matthew Lenahan. RE-FILE Document No. #45 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp) [Transferred from New York Southern on 11/16/2023.]
January 24, 2023 Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Betsy Sears. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lenahan, Matthew) Modified on 1/25/2023 (tp). [Transferred from New York Southern on 11/16/2023.]
January 20, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Matthew Lenahan. RE-FILE Document No. #44 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp) [Transferred from New York Southern on 11/16/2023.]
January 19, 2023 Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Betsy Sears. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lenahan, Matthew) Modified on 1/20/2023 (tp). [Transferred from New York Southern on 11/16/2023.]
January 12, 2023 Opinion or Order Filing 47 NOTICE OF VOLUNTARY DISMISSAL OF ACTION: NOW, THEREFORE, plaintiff, Betsy Sears, for herself only, hereby dismisses her causes of action and claims as against all defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and (B). Plaintiff Betsy Sears is hereby terminated. SO ORDERED., Betsy Sears (on behalf of Themselves and all others similarly situated) terminated. (Signed by Judge Andrew L. Carter, Jr on 1/12/2023) (ama) Modified on 1/27/2023 (ama). [Transferred from New York Southern on 11/16/2023.]
January 12, 2023 Opinion or Order Filing 43 STIPULATION AND ORDER REGARDING AMENDED COMPLAINT: NOW THEREFORE, it is hereby stipulated and agreed as follows: 1. GreatBanc shall not be required to answer or respond to the currently operative complaint. 2. By February 17, 2023, the remaining plaintiffs shall (l) file their amended complaint in this action, and shall (2) inform the Court and GreatBanc whether they are withdrawing or maintaining their motion to remand in light of the changed array of parties and amendments to the complaint. In the even that plaintiffs provide notice that they maintain their motion to remand, GreatBanc shall not be required to answer or otherwise respond to the amended complaint until 30 days after the Court rules on such motion. 3. If plaintiffs provide notice under paragraph 2 that they maintain their motion to remand, then by February 24, 2023, GreatBanc shall have an opportunity to advise the Court by letter of its position on supplementing the briefing to address he impacct of subsequent events on the mertis of the motion to remand. If GreatBanc makes such a submission, plaintiff shall respond by letter with its position by March 3, 2023. IT IS SO ORDERED. The Parties' request is granted. In addition, because the LPC Defendants were dismissed on Nov. 17, 2022, the Clerk of Court is respectfully directed to terminate the open motion at ECF No. 16 as moot. Motions terminated: #16 LETTER MOTION for Leave to File Sur-reply in further opposition to Plaintiffs' Motion to Remand addressed to Judge Andrew L. Carter, Jr. from Christopher Y.L. Yeung dated May 19, 2022. filed by Loing Point Capital Partners III, L.P., Ira Starr, Eric Von Stroh, Norman Scherr, Long Point Capital Fund III, L.P., Long Point Capital, Inc., Long Point Capital Fund II, L.P., Long Point Capital Partners II, L.P.. (Signed by Judge Andrew L. Carter, Jr on 1/12/2023) (ate) [Transferred from New York Southern on 11/16/2023.]
January 12, 2023 Opinion or Order Filing 42 NOTICE OF DISMISSAL OF CLAIMS BY PLAINTIFFS MARJORIE KOHLBERG, DAVID EIJADI, AND MARY LOU JURKOWSKI AGAINST DEFENDANT GREATBANC TRUST COMPANY: Pursuant to Rule 41(a)(1)(A)(i), following the approval of a Chapter 11 plan in the jointly administered proceedings involving Debtors EYP Group Holdings, Inc., EYP Holdings, Inc., and several affiliates, pending in the United States Bankruptcy Court for the District of Delaware, Case No. 22-10367 MFW, Plaintiffs Marjorie Kohlberg, individually and as Administrator of the Estate of Edmund Kohlberg, David Eijadi, individually and as Trustee of the David Azziz Eijadi and Barbara Anne Eijadi Revocable Trust Dated May 27, 2015, and Mary Lou Jurkowski hereby dismiss their claims against Defendant Greatbanc Trust Company. This dismissal by these Plaintiffs, who alleged status as "Redemption" noteholders, is not intended to affect any of the claims by other Plaintiffs. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/12/2023) (ate) Modified on 1/30/2023 (ate). [Transferred from New York Southern on 11/16/2023.]
January 12, 2023 Filing 41 PROPOSED STIPULATION AND ORDER. Document filed by Jason Steinbock, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
January 12, 2023 Set/Reset Deadlines: Amended Pleadings due by 2/17/2023. (ate) [Transferred from New York Southern on 11/16/2023.]
January 12, 2023 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #40 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) [Transferred from New York Southern on 11/16/2023.]
January 11, 2023 Filing 40 NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Greatbanc Trust Company. Document filed by Marjorie Kohlberg, Mary Lou Jurkowski, David Eijadi. Proposed Order to be reviewed by Clerk's Office staff...(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
December 20, 2022 Filing 39 NOTICE OF CHANGE OF ADDRESS by Phillip Rakhunov on behalf of David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio. New Address: Pollack Solomon Duffy LLP, 43 West 43rd Street, Suite 174, New York, New York, United States 10036, 212-493-3100..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
November 17, 2022 Opinion or Order Filing 38 NOTICE OF PLAINTIFFS' DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST DEFENDANTS LONG POINT CAPITAL, INC., LONG POINT CAPITAL FUND II, L.P., LONG POINT CAPITAL PARTNERS II, L.P., LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL PARTNERS III, L.P., IRA STARR, NORMAN SCHERR, ERIC VON STROH, AND TOM BIRDSEY: Pursuant to Rule 41(a)(1)(A)(i), consistent with the terms of a Chapter 11 plan approved by the Court in a bankruptcy proceeding in the United States Bankruptcy Court for the District of Delaware, Case No. 22-10367 MFW (Jointly Administered, for Debtors EYP Group Holdings, Inc., EYP Holdings, Inc., and several affiliates), Plaintiffs hereby dismiss with prejudice the claims against Defendants Long Point Capital, Inc., Long Point Capital Fund II, L.P., Long Point Capital Partners II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners III, L.P., Ira Starr, Norman Scherr, Eric Von Stroh (the "LPC Defendants"), and Tom Birdsey, with prejudice. The Plaintiffs, the LPC Defendants and Birdsey retain any rights under the Plan, but are not entitled to seek or receive any award of attorneys' fees or costs against each other in this action. Notwithstanding such dismissal of claims against the LPC Defendants and Birdsey, all claims against Greatbanc Trust Company shall remain pending in this action. SO ORDERED. Case Stay Lifted. (Signed by Judge Andrew L. Carter, Jr on 11/17/2022) (ate) [Transferred from New York Southern on 11/16/2023.]
November 16, 2022 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #37 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) [Transferred from New York Southern on 11/16/2023.]
November 15, 2022 Filing 37 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr, Tom Birdsey. Document filed by Betsy Sears, Melissa Lassor, Marjorie Kohlberg, Peter D. Ottavio, Thomas McDougall, Mary Lou Jurkowski, David Eijadi, Jason Steinbock. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
August 26, 2022 Filing 36 NOTICE OF APPEARANCE by David Lurie on behalf of Greatbanc Trust Company..(Lurie, David) [Transferred from New York Southern on 11/16/2023.]
August 26, 2022 Filing 35 NOTICE OF APPEARANCE by Nicholas Heim Callahan on behalf of Greatbanc Trust Company..(Callahan, Nicholas) [Transferred from New York Southern on 11/16/2023.]
August 26, 2022 Filing 34 NOTICE OF APPEARANCE by Roger Hudson Stetson on behalf of Greatbanc Trust Company..(Stetson, Roger) [Transferred from New York Southern on 11/16/2023.]
August 17, 2022 Opinion or Order Filing 33 STIPULATION AND ORDER CONCERNING ACCEPTANCE OF SERVICE AND STAY: NOW THEREFORE. it is hereby stipulated and agreed as follows: I. Defendants have accepted service of the Summons and Complaint in this Second-Filed Action. 2. The Second-Filed Action shall be stayed until the earliest of (a) the resolution of the Appeal: or (b) the Court lifting the stay based on a showing of good cause. While the stay remains in effect, Defendants shall have no obligation to answer, move, or otherwise respond to the Complaint in this Second-Filed Action. and Defendant's time to answer, move, or otherwise respond to the Complaint shall be stayed. If the stay is lifted, Defendants' time to answer, move. or otherwise respond to the Complaint shall be sixty (60) days after such lifting of the stay unless the Court grants, or the Parties agree to a further extension of time. As further set forth by this Order. IT IS SO ORDERED. Case stayed. (Signed by Judge Andrew L. Carter, Jr on 8/17/2022) (tg) [Transferred from New York Southern on 11/16/2023.]
August 17, 2022 Filing 32 LETTER addressed to Judge Andrew L. Carter, Jr. from Jonathan M. Sperling dated August 17, 2022 re: Proposed Stipulation to Stay (ECF 29). Document filed by Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
July 11, 2022 Filing 31 NOTICE OF APPEARANCE by Alan David Zuckerbrod on behalf of Tom Birdsey..(Zuckerbrod, Alan) [Transferred from New York Southern on 11/16/2023.]
July 8, 2022 Filing 30 NOTICE OF APPEARANCE by Scott Jason Watnik on behalf of Tom Birdsey..(Watnik, Scott) [Transferred from New York Southern on 11/16/2023.]
July 6, 2022 Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 28, 2022 Filing 28 AFFIDAVIT OF SERVICE. All Defendants. Service was made by MAIL. Document filed by Betsy Sears, Melissa Lassor, Marjorie Kohlberg, Peter D. Ottavio, Thomas McDougall, Mary Lou Jurkowski, David Eijadi, Jason Steinbock..(Lenahan, Matthew) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to GreatBanc Trust Company, re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Eric Von Stroh, re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Norman Scherr, re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Ira Starr, re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to Long Point Capital Partners III, L.P., re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Long Point Capital Fund III, L.P., re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Long Point Capital Partners II, L.P., re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Long Point Capital Fund II, L.P., re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Long Point Capital, Inc., re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
June 23, 2022 Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Tom Birdsey, re: Complaint. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
May 19, 2022 Filing 17 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Barry S. Pollack dated May 19, 2022 re: #16 LETTER MOTION for Leave to File Sur-reply in further opposition to Plaintiffs' Motion to Remand addressed to Judge Andrew L. Carter, Jr. from Christopher Y.L. Yeung dated May 19, 2022. . Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
May 19, 2022 Filing 16 LETTER MOTION for Leave to File Sur-reply in further opposition to Plaintiffs' Motion to Remand addressed to Judge Andrew L. Carter, Jr. from Christopher Y.L. Yeung dated May 19, 2022. Document filed by Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr..(Yeung, Christopher) [Transferred from New York Southern on 11/16/2023.]
May 16, 2022 Filing 15 REPLY AFFIRMATION of Phillip Rakhunov in Support re: #8 MOTION to Remand to State Court .. Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
May 16, 2022 Filing 14 REPLY to Response to Motion re: #8 MOTION to Remand to State Court . . Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
May 11, 2022 Filing 13 NOTICE OF APPEARANCE by Barry Shawn Pollack on behalf of Marjorie Kohlberg..(Pollack, Barry) [Transferred from New York Southern on 11/16/2023.]
May 9, 2022 Filing 12 DECLARATION of Ira Starr in Opposition re: #8 MOTION to Remand to State Court .. Document filed by Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
May 9, 2022 Filing 11 RESPONSE in Opposition to Motion re: #8 MOTION to Remand to State Court . . Document filed by Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
May 9, 2022 Filing 10 DECLARATION of Christopher Y. L. Yeung in Opposition re: #8 MOTION to Remand to State Court .. Document filed by Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr. (Attachments: #1 Exhibit 1 Comparison of Federal and State Complaints, #2 Exhibit 2 Declaration of Kefalari L. Mason, #3 Exhibit 3 July 2016 Consent for EYP Holdings, Inc., #4 Exhibit 4 July 2016 Consent for EYP Group Holdings, Inc., #5 Exhibit 5 July 2016 Consent for EYP, Inc., #6 Exhibit 6 Illinois Corporation Detail for Greatbanc Trust Company, #7 Exhibit 7 D. Eijadi Stock Purchase Agreement, #8 Exhibit 8 Shareholder Note Amendment 1 Eijadi).(Yeung, Christopher) [Transferred from New York Southern on 11/16/2023.]
April 29, 2022 NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 11/16/2023.]
April 29, 2022 CASE ACCEPTED AS RELATED. Create association to 1:21-cv-03393-ALC-OTW. Notice of Assignment to follow. (aea) [Transferred from New York Southern on 11/16/2023.]
April 29, 2022 Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) [Transferred from New York Southern on 11/16/2023.]
April 25, 2022 Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Remand to State Court . . Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
April 25, 2022 Filing 8 MOTION to Remand to State Court . Document filed by Betsy Sears, David Eijadi, Jason Steinbock, Marjorie Kohlberg, Mary Lou Jurkowski, Thomas McDougall, Melissa Lassor, Peter D. Ottavio..(Rakhunov, Phillip) [Transferred from New York Southern on 11/16/2023.]
April 18, 2022 Filing 7 AFFIDAVIT OF SERVICE of Notice of Removal served on Plaintiffs on April 15, 2022. Service was made by Mail. Document filed by Eric Von Stroh, Greatbanc Trust Company, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr, Tom Birdsey..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
April 14, 2022 Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-03393. Document filed by Eric Von Stroh, Ira Starr, Loing Point Capital Partners III, L.P., Long Point Capital Fund II, L.P., Long Point Capital Fund III, L.P., Long Point Capital Partners II, L.P., Long Point Capital, Inc., Norman Scherr..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
April 14, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Michael Sperling. The party information for the following party/parties has been modified: ERIC VON STROH, LONG POINT CAPITAL PARTNERS II, L.P., IRA STARR, LONG POINT CAPITAL PARTNERS III, L.P., LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL, INC., NORMAN SCHERR, MARJORIE KOHLBERG, DAVID EIJADI, HOMAS MCDOUGALL, PETER D. OTTAVIO, MELISSA LASSOR, MARY LOU JURKOWSKI, JASON STEINBOCK, BETSY SEARS. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) [Transferred from New York Southern on 11/16/2023.]
April 14, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Jonathan Michael Sperling to RE-FILE Document No. #4 Statement of Relatedness. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct; Related Case Number Error. The related case number reflected on attached PDF and entered in ECF docket entry does not correspond to related case number listed on Civil Cover Sheet Form. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (vf) [Transferred from New York Southern on 11/16/2023.]
April 14, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) [Transferred from New York Southern on 11/16/2023.]
April 14, 2022 Case Designated ECF. (vf) [Transferred from New York Southern on 11/16/2023.]
April 14, 2022 CASE REFERRED TO Judge Andrew L. Carter, Jr. as possibly related to 1:21-cv-3393. (vf) [Transferred from New York Southern on 11/16/2023.]
April 13, 2022 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL PARTNERS II, L.P., LONG POINT CAPITAL PARTNERS III, L.P., LONG POINT CAPITAL, INC., Long Point Capital Fund II, L.P., NORMAN SCHERR, IRA STARR, ERIC VON STROH..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
April 13, 2022 Filing 4 FILING ERROR - PDF ERROR-RELATED CASE NUMBER ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-03933. Document filed by LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL PARTNERS II, L.P., LONG POINT CAPITAL PARTNERS III, L.P., LONG POINT CAPITAL, INC., Long Point Capital Fund II, L.P., NORMAN SCHERR, IRA STARR, ERIC VON STROH..(Sperling, Jonathan) Modified on 4/14/2022 (vf). [Transferred from New York Southern on 11/16/2023.]
April 13, 2022 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-06250. Document filed by LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL PARTNERS II, L.P., LONG POINT CAPITAL PARTNERS III, L.P., LONG POINT CAPITAL, INC., Long Point Capital Fund II, L.P., NORMAN SCHERR, IRA STARR, ERIC VON STROH..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
April 13, 2022 Filing 2 CIVIL COVER SHEET filed..(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]
April 13, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651555/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26005797).Document filed by Long Point Capital Fund II, L.P., ERIC VON STROH, LONG POINT CAPITAL PARTNERS II, L.P., IRA STARR, LONG POINT CAPITAL PARTNERS III, L.P., LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL, INC., NORMAN SCHERR. (Attachments: #1 Exhibit New York County Summons & Complaint).(Sperling, Jonathan) [Transferred from New York Southern on 11/16/2023.]

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Search for this case: Kohlberg et al v. Birdsey et al
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Plaintiff: Marjorie Kohlberg
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Plaintiff: Melissa Lassor
Represented By: Barry S. Pollack
Represented By: Phillip Rakhunov
Represented By: John N. Yokow
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Plaintiff: Thomas McDougall
Represented By: Barry S. Pollack
Represented By: Phillip Rakhunov
Represented By: John N. Yokow
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Plaintiff: David Eijadi
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Plaintiff: Jason Steinbock
Represented By: Barry S. Pollack
Represented By: Phillip Rakhunov
Represented By: John N. Yokow
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Plaintiff: Peter D. Ottavio
Represented By: Barry S. Pollack
Represented By: Phillip Rakhunov
Represented By: John N. Yokow
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Plaintiff: Betsy Sears
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Plaintiff: Mary Lou Jurkowski
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Defendant: Tom Birdsey
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Defendant: LONG POINT CAPITAL, INC.
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Defendant: Long Point Capital Fund II, L.P.
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Defendant: LONG POINT CAPITAL PARTNERS II, L.P.
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Defendant: LONG POINT CAPITAL FUND III, L.P.
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Defendant: Loing Point Capital Partners III, L.P.
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Defendant: Ira Starr
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Defendant: Norman Scherr
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Defendant: Eric Von Stroh
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Defendant: GreatBanc Trust Company
Represented By: Owen Smith
Represented By: Roger Stetson
Represented By: David B. Lurie
Represented By: Nicholas Callahan
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