Charney et al v. Zimbalist et al
| Scott Charney, Diva Goodfriend-Koven, Robert Reach, Ellen Reach, Toni Allen, Scott Edvabsky, Anthony Corsaro, Barbara Corsaro, Gary Zuccaro, Bruce Lichtenstein, Robert Anarumo, Karen Fusco, Bonnie Vartabedian, Wayne Vartabedian, George Yu, Connie Simons, Laura Flax, Jay Coon, Neil Blitz, Marni Blitz, Joseph Levine, Nina Chaifetz, Ed Haran, Anne Haran, Kathy Paschuk, Bruce Fuller, Tracey Peck, Jeff Peck, Elizabeth Tymczyszynt and GATA Realty, L.L.C. |
| Carla Zimbalist, Pam Chanla, Jennifer S. Wilkov, Evolutionary Strategic Planning, Inc. and Ameriprise Financial, Inc. |
| 1:2007cv06272 |
| July 9, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alvin K. Hellerstein |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
365
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE for 361 Report and Recommendation: I adopt Judge Gorenstein's report and recommendation. (Dkt. No. 361). The Clerk shall enter judgment for the plaintiffs in the amount of $1,382,083.01 and mark the case closed. (Signed by Judge Alvin K. Hellerstein on 8/19/2016) (tn)
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Filing
324
ORDER REVIEWING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND GRANTING SUMMARY JUDGMENT for 280 Motion for Summary Judgment, filed by Jennifer S. Wilkov, 248 Motion for Summary Judgment, filed by Marni Blitz, Toni Allen, Ed Haran, Kar en Fusco, Nina Chaifetz, Laura Flax, Bruce Lichtenstein, Anthony Corsaro, CWZ Holding, LLC, Connie Simons, Pam Chanla, Joseph Levine, Robert Anarumo, Wayne Vartabedian, GATA Realty, L.L.C., Barbara Corsaro, Jeff Peck, Scott Charney, Gary Zuccaro, Tracey Peck, Kathy Paschuk, Scott Edvabsky, Bruce Fuller, Diva Goodfriend-Koven, Anne Haran, Neil Blitz, Jay Coon, Bonnie Vartabedian, Elizabeth Tymczyszynt, 267 Motion for Summary Judgment, filed by Marni Blitz, Toni A llen, Ed Haran, Karen Fusco, Nina Chaifetz, Laura Flax, Bruce Lichtenstein, Anthony Corsaro, Connie Simons, Joseph Levine, Robert Anarumo, Wayne Vartabedian, GATA Realty, L.L.C., Barbara Corsaro, Scott Charney, Gary Zuccaro, Kathy Pas chuk, Scott Edvabsky, Bruce Fuller, Diva Goodfriend-Koven, Anne Haran, Neil Blitz, Jay Coon, Bonnie Vartabedian, Elizabeth Tymczyszynt, 318 Report and Recommendation. Plaintiffs and Defendant have raised timely objections. 28 U.S.C. § ; 636(b)(1); Fed. R. Civ. P. 72(b). Upon full de nova review, I approve Judge Gorenstein's Report and Recommendation, with one exception: I hold that each of the twenty three plaintiffs proved that they relied on Defendant's representations , and thus there are no triable issues of material fact. Summary judgment is granted to Plaintiffs and against Defendant Jennifer Wilkov on all issues except damages. The case is remanded to Judge Gorenstein to find damages for each Plaintiff, with costs to be assigned after judgments are entered. The Clerk of the Court shall mark the motions (Dkt. No. 248, 267 & 280) as terminated. (Signed by Judge Alvin K. Hellerstein on 7/30/2015) (kko)
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Filing
298
MEMORANDUM AND OPINION re: 245 MOTION to Amend/Correct 42 Answer to Complaint. filed by Jennifer S. Wilkov. Accordingly, defendant's motion to amend (Docket # 245) is granted in part and denied in part. Plaintiffs shall file their proposed Second Amended Complaint by March 19, 2014. Defendant should file her answer within 20 days thereafter. Defendant's answer shall be consistent with this Order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/12/2014) (ama)
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Filing
101
ORDER GRANTING MOTION TO AMEND AND REGULATING FURTHER PROCEEDINGS: Accordingly, Plaintiffs shall file a supplemental submission, by September 11, 2009, explaining which admissions in the plea correspond to which elements of the activities alleged in the Amended Complaint and as to which Plaintiffs. Wilkov shall submit any response by September 18,2009. The parties will appear for oral argument on the Summary Judgment Motion on September 23,2009 at 3:30 p.m. In opposing the Summary Judgment Moti on, Wilkov erroneously argues that the investment products at issue do not constitute "securities" because they are mere land interests. However, Wilkov's Response to Rule 56.1 Statement describes the investment product as a "cert ificate" granting the investor the right to receive "their original investment, plus a portion of the profits in accordance with their percentage contribution to each property purchase." paragraph 2-3. These investments are securities because Zimbalist and Chanla were to "manage, control, and operate the enterprise," while "[t]he investors [were to] provide the capital and share in the... profits," not live in the homes. SEC v. W.J. Howey Co., 328 U.S. 293, 30 0 (1946); United Hous. Found. Inc. v. Forman, 421 U.S. 837, 852-53 (1975) (confining real estate securities to those purchased by investors motivated by profits, meaning "financial returns on their investments," rather than by the prospect of acquiring "a place to live"). Wilkov asserts that, despite admissions in her plea, questions of fact remain as to the RICO allegations. As stated above, Plaintiffs must demonstrate in their supplemental submission that all elements of the relevant claims alleged in the Complaint have been satisfied by the criminal plea. (Signed by Judge Alvin K. Hellerstein on 8/27/2009) (jpo)
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Filing
99
ORDER DENYING MOTION FOR RULE 11 SANCTIONS AND LEAVE TO FILE HARD COPIES OF EXHIBITS: For the reasons stated herein the motion and the request for leave are both denied. Wilkov's Answer is stricken. She has ten days to file a proper Answer. If she fails timely to do so, plaintiffs may move to strike her answer and for judgment, followed by a renewed motion for sanctions. The Clerk shall mark the motion (Doc. No. 90) as terminated. (Signed by Judge Alvin K. Hellerstein on 7/14/2009) (jpo)
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