Cobalt Multifamily Investors I, LLC et al v. Shapiro et al
Case Number: 1:2006cv06468
Filed: August 25, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Michael H. Dolinger
Presiding Judge: Kimba M. Wood
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
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Date Filed Document Text
October 21, 2014 Opinion or Order Filing 245 OPINION & ORDER re: 236 MOTION for Summary Judgment on Damages Against Robert F. Cohen filed by Cobalt Multifamily Investors I, LLC, Cobalt Capital Funding, LLC., Cobalt Multifamily Co. I, LLC, Vail Mountain Trust, 243 MOTION for Reconsideration re; 234 Memorandum & Opinion filed by Robert F. Cohen, Esq.: For the reasons stated above, the Receiver's motion for summary judgment is GRANTED as to $1,070,954.66 in damages, including prejudgment intere st. Cohen's motion for reconsideration is DENIED. The Clerk of the Court is respectfully directed to terminate the motions. [ECF No. 236]; [ECF No. 243]. By November 5, 2014, each party shall submit a letter to the Court stating how the remaining issues in this case should be resolved. Specifically, each party should discuss whether a trial is warranted to decide the remaining claims, and whether discovery is necessary. (Signed by Judge Kimba M. Wood on 10/21/2014) (tn)
September 27, 2013 Opinion or Order Filing 227 OPINION & ORDER re: 201 FIRST MOTION to Dismiss Cross-Claims Asserted by the Cohen Defendants and for a Bar Order filed by Philip L. Chapman, 199 MOTION to Approve Settlement Agreement filed by Anthony Paduano. For the foregoing reasons, the Court DENIES the Settling Parties Motion for a Bar Order and DENIES their Motion to Approve the Settlement Agreement. [Dkt. Nos. 201, 199]. (Signed by Judge Kimba M. Wood on 9/27/2013) (rsh)
March 7, 2012 Opinion or Order Filing 172 OPINION AND ORDER: The Court GRANTS IN PART and DENIES IN PART the Law Firm Defendants motions to dismiss pursuant to Rule 12(b)(6) and GRANTS IN PART and DENIES IN PART the Receivers request for leave to replead. The Court DENIES the Lum Defendants motion to dismiss for failure to timely file an affidavit of merit pursuant to N.J. Stat. Ann. § 2A:53A-27 and GRANTS the Receivers cross-motion for an extension of time to file an affidavit of merit nunc pro tunc. (Signed by Judge Kimba M. Wood on 3/7/2012) (ft)
December 1, 2009 Opinion or Order Filing 110 OPINION AND ORDER ON MOTION FOR RECONSIDERATION OF JULY 2009 ORDER #98306. The Court Denies Certilman Defendants' motion for reconsideration and denies their motion for section 1292(b) certification. (D.E. 86). Based on the Court's decis ion to deny these motions, the Court finds that Certilman Defendants' Rule 72 Objections to Magistrate Judge Michael H. Dolinger's decision to deny a stay of discovery are moot. Certilman Defendant's Rule 72 Objections are therefore D enied. (D.E. 102). Counsel for all parties shall review the Court's model scheduling order, (2)confer and attempt to reach agreement as to what dates the parties propose that the Court so order in its Rule 16(b) scheduling order, and (3) on or before December 9, 2009, submit to the Court a joint proposed scheduling order, which will include deadlines for discovery, the filing of all motions, and submission of the pre-trial order with a Ready Trial date of May 3, 2010. To the extent that the parties cannot agree on any proposed date, the joint proposed scheduling order shall indicate which party proposes which date. (Signed by Judge Kimba M. Wood on 11/30/09) (djc) Modified on 12/7/2009 (mro).
July 15, 2009 Opinion or Order Filing 85 OPINION AND ORDER: #97750 the Court grants the Receiver's motion for reconsideration (Doc. #75). Upon reconsideration, the Court grants Defendants' motion to dismiss the following claims: (1) breach of contract and breach of fiduciary duti es claims against Certliman Defenants and Lum Defendants; and (2) aiding and abetting fraud and aiding and abetting breach of fiduciary duties against Cohen, and Cohen & Werz. The Court denies the Law Firm Defandants' motion to dismiss the foll owing claims: (1) legal malpractice and corporate looting claims against all the Law Firm Defendants; (2) aiding and abetting conversation, breach of fiduciary duties, and breach of contract claims against both Cohen and Cohen & Werz; and (3) conversion and unjust enrichment claims against just Cohen. By 7/28/09, the parties shall provide the Court a joint proposed scheduling order. (Signed by Judge Kimba M. Wood on 7/15/09) (sac) Modified on 7/20/2009 (jab).
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