Goldberg v. Gray, Jr. et al
| Andrew Goldberg |
| Gregory W. Gray, Jr., Gregory P. Edwards, Archipel Capital LLC, BIM Management LP, Bennington Investment Management, Inc., Nixon Peabody, LLP, John Koeppel, Esq., Jane Does and Mary Roes |
| 5:2015cv00538 |
| April 30, 2015 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| David N. Hurd |
| Securities/Commodities/Exchanges |
| 18 U.S.C. ยง 1961 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
287
JUDGMENT: IT IS ORDERED AND ADJUDGED that the # 268 motion to intervene brought by Andrew C. Russo, Caroline Hardman, Lee Knight, Todd Morakis, and David Work is DENIED; and it is further ORDERED that Gregory Edward's and Bennington Investment Management, Inc.'s # 273 motions for summary judgment are GRANTED; and it is further ORDERED that Plaintiffs' claims against Gregory Edwards and Bennington Investment Management, Inc. are DISMISSED; and it is further ORDERED that Plainti ffs' # 267 motion for default judgment against BIM Management LP and Archipel Capital LLC under counts I, IV, V, and IV is GRANTED; it is further ORDERED that Plaintiffs' claims against BIM Management LP and Archipel Capital LLC under Cou nts: II, III, VII, VIII, and IX-XII are DISMISSED for failure to prosecute under Rule 41(b); all pursuant to the Memorandum Decision and Order of the Honorable David M. Hurd dated July 21, 2020; and IT IS FURTHER ORDERED AND ADJUDGED that Counts II, III, VII, VIII, IX, X, XI and XII of the Second Amended Complaint against Defendant Gregory W. Gray, Jr are DISMISSED pursuant to the Order of the Honorable David N. Hurd dated August 11, 2020; and IT IS FURTHER ORDERED AND ADJDUGED that this matter is dismissed with prejudice as to all defendants; each to bear its own costs and attorneys fees; and the Second Amended Complaint is dismissed with prejudice in its entirety pursuant to the order of the Honorable David N. Hurd, dated September 1, 2020. {Copy served upon Pro Se Defendant via regular mail} (pjh, )
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Filing
286
ORDER: It is hereby ORDERED that the # 132 Second Amended Complaint is dismissed with prejudice in its entirety. The Clerk of Court is directed to enter judgment accordingly and close the case file. Signed by Judge David N. Hurd on 9/2/2020. {Copy served upon Pro Se Defendant via regular mail}(pjh, )
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Filing
284
ORDER approving the # 283 Stipulation of Dismissal filed by Andrew Goldberg and Steven Amerio. Signed by Judge David N. Hurd on August 11, 2020. (Copy served upon Pro Se defendant via regular mail)(kmp)
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Filing
282
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the # 268 motion to intervene brought by Andrew C. Russo, Caroline Hardman, Lee Knight, Todd Morakis, and David Work is DENIED; it is further ORDERED that Gregory Edward' and Bennington Investment Management, Inc.'s # 273 motions for summary judgment are GRANTED; it is further ORDERED that Plaintiffs' claims against Gregory Edwards and Bennington Investment Management, Inc. are DISMISSED; it is further ORDERED that Plai ntiffs' # 267 motion for default judgment against BIM Management LP and Archipel Capital LLC under counts (I) securities fraud, (IV) common law fraud, (V) common law negligent misrepresentation, and (VI) common law breach of fiduciary duty is GRANTED; it is further ORDERED that Plaintiffs' claims against BIM Management LP and Archipel Capital LLC under Counts: (II) Control Person Liability under § 20(a) of the Exchange Act, 15 U.S.C. § 78t; (III) the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962; (VII) common law conversion; (VIII) common law unjust enrichment; and (IX-XII) New York's Debtor and Creditor Law §§ 273-76 are DISMISSED for failure to prosecute under Rule 41(b); it is further ORDERED that Plaintiffs' damages under Counts (I), (IV), (V), and (VI) owed by BIM Management LP and Archipel Capital LLC will be ascertained after plaintiffs' claims against Gregory Gray are resolved; it is further ORDERED t hat Plaintiffs are ordered to show cause why summary judgment should not be granted in Gregory Gray's favor as to counts (II-III) and (VII-XII) no later than Wednesday, August 12, 2020; and it is further ORDERED that a date for a jury trial on t he merits of plaintiffs' remaining claims against defendant Gregory Gray and for damages as to BIM Management LP and Archipel Capital LLC will be set. Signed by Judge David N. Hurd on 7/21/2020. {Copy served upon Pro Se Defendant via regular mail}(pjh, )
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Filing
266
MEMORANDUM DECISION AND ORDER: It is hereby ORDERED that notwithstanding the lapsed discovery deadlines, the parties may move for summary judgment in their favor no later than Tuesday, May 12, 2020; and it is further ORDERED that Plaintiffs must move for default judgment against Archipel and BIM, the unrepresented entity defendants no later than Tuesday, May 12, 2020; and it is further ORDERED that all responses to any motions made by May 12, 2020 must be filed no later than Tuesday, June 2, 202 0, with all replies filed no later than Tuesday, June 16, 2020; and it is further ORDERED that if plaintiffs fail to move for default judgment on any claim against the unrepresented entity defendants, those claims will be dismissed for failure to prosecute under Rule 41(b). Signed by Judge David N. Hurd on 3/31/2020. {Copy served upon Pro Se Defendant via regular mail}(pjh, )
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Filing
263
MEMORANDUM-DECISION and ORDER denying the # 255 Motion for Reconsideration. Signed by Judge David N. Hurd on 10/21/2019. {Clerk served copy upon Pro Se Defendant via regular mail} (pjh)
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Filing
252
MEMORANDUM-DECISION and ORDER - That plaintiffs' motion for class certification is DENIED. Signed by Judge David N. Hurd on 9/3/2019. (jel, )
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Filing
81
MEMORANDUM, DECISION and ORDER. Defendants Nixon Peabody, LLP and John Koeppel, Esq.'s motion to dismiss the Amended Complaint for failure to state a cause of action, Dkt. No. 60 is GRANTED; defendants Bennington Investment Management, Inc. and Gregory Edwards' motion to dismiss the Amended Complaint for failure to state a cause of action, Dkt. No. 61 is GRANTED in part and DENIED in part; the Amended Complaint against defendants Nixon Peabody, LLP and John Koeppel, Esq. is DISMI SSED; Claims 2, 3, 7, 9, and 10-13 in the Amended Complaint against defendants Bennington Investment Management, Inc. and Gregory Edwards are DISMISSED; claims 1, 4, 5 and 6 in the Amended Complaint against defendants Bennington Investment Management , Inc. and Gregory Edwards REMAIN; Plaintiff's motion to amend his complaint, Dkt. No. 69 is DENIED; and the Receiver's motion to stay, Dkt. No. 34 is DENIED. Signed by U.S. District Judge David N. Hurd on 8/2/2016. (lah) [copy served by regular mail on pro se deft Gregory W. Gray Jr.]
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Filing
52
MEMORANDUM-DECISION and ORDER. It is ORDERED that Plaintiff's 39 cross motion to amend is GRANTED and the Amended Complaint is deemed served and filed this date. Defendants Nixon Peabody, LLP and John Koeppel Esq.'s 25 motion to dismi ss for failure to state a cause of action and defendants Gregory P. Edwards and Bennington Investment Management, Inc.'s 30 motion to dismiss are DENIED without prejudice. Defendants are directed to file an Answer or a Motion to Dismiss the A mended Complaint on or before January 8, 2016. Receiver's 34 motion to intervene is GRANTED. Decision concerning the Receivers 34 motion to stay is RESERVED. Defendant Gregory W. Gray Jr.'s 33 letter is STRICKEN. Defendant Gray is directed to file an Answer or a Motion to Dismiss the Amended Complaint on or before January 8, 2016. Failure to file an Answer or a Motion to Dismiss may result in the entry of a default judgment. Signed by Judge David N. Hurd on 12/9/2015. (dpk)
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