Amusement Industry, Inc. et al v. Stern et al

Plaintiff:	Amusement Industry, Inc. and Pratical Finance Co., Inc.
Defendant:	Land Title Associates Agency, LLC, Moses Stern, Joshua Safrin, Land Title Associates and Land Associates Escrow
4Th Party Defendant:	The Safrin Group, LLC, Avrahom Egert and The Sovereign Group
Cross Defendant:	First Republic Group Realty, LLC, Ephraim Frenkel and Buchanan Ingersoll & Rooney, P.C.
Counter Claimant:	Steven Alevy and Bankers Capital Realty Advisors LLC
3Rd Party Defendant:	Land Title Associates Escrow, Practical Finance Co., Inc., Allen P. Sragow, First Republic Group Corp., Stephen Friedman, Bankers Capital Advisors LLC, Robert Friedman, Herrick, Feinstein LLP, Allen Alevy and Herrick, Feinstein, LLP
Cross Claimant:	Avery Egert and First Republic Group Realty LLC
4Th Party Plaintiff:	Buchanan Ingersoll & Rooney P.C.
3Rd Party Plaintiff:	First Republic Group Realty, L.L.C. and Mark Stern
Case Number:	1:2007cv11586
Filed:	December 27, 2007
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Gabriel W Gorenstein
Referring Judge:	Lewis A Kaplan
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By:	Defendant

Date Filed	Document Text
February 13, 2018	Filing 893 Costs Taxed as to #892 USCA Mandate, USCA Case Number 17-0339-cv, in the amount of $344.00, on 2/13/2018 in favor of Appellees Amusement Industry, Inc., a California Corporation, DBA Westland Industries, Practical Finance Co., Inc., a California corporation against Appellant Moses Stern, AKA Mark Stern. (tp)
January 26, 2018	Filing 892 MANDATE of USCA (Certified Copy) as to #891 Notice of Appeal filed by Moses Stern USCA Case Number 17-0339-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the amended judgment entered on January 6, 2017, is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/26/2018. (tp)
January 26, 2018	Transmission of USCA Mandate/Order to the District Judge re: #892 USCA Mandate. (tp)
February 3, 2017	Filing 891 NOTICE OF APPEAL from #889 Amended Judgment,,. Document filed by Moses Stern. Filing fee $ 505.00, receipt number 0208-13275376. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Condon, Brian)
February 3, 2017	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #891 Notice of Appeal. (tp)
February 3, 2017	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #891 Notice of Appeal filed by Moses Stern were transmitted to the U.S. Court of Appeals. (tp)
January 6, 2017	Filing 890 DEFAULT JUDGMENT: That for the reasons stated in the Court's Order dated January 4, 2017, Plaintiffs' motion for default judgment against Defendant First Republic Group, Corp., is granted and judgment is entered in favor of Plaintiffs' and against First Republic Group, Inc. in the amount of $13,000,000 plus interest at a rate of $3,205.48 per day from July 13, 2007 to the date of judgment in the amount of $11,116,604.64 for a total sum of $24,116,604.64; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 01/06/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
January 6, 2017	Filing 889 AMENDED JUDGMENT: amending #885 Clerk's Judgment, That for the reasons stated in the Court's Orders dated November 10, 2016, and January 4, 2017, Plaintiffs' motion for summary judgment against Defendant Moses Stern a/k/a Mark Stern is granted and judgment is entered in favor of Plaintiffs' and against Moses Stern a/k/a Mark Stern in the amount of $13,000,000 plus prejudgment interest at the rate of $3,205.48 from July 13, 2007, to the date of judgment November 16, 2016, in the amount of $10,946,714.20 for a total sum of $23,946,714.20. (Signed by Clerk of Court Ruby Krajick on 01/06/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
January 6, 2017	Terminate Transcript Deadlines (dt)
January 4, 2017	Filing 888 ORDER: No objections have been filed with respect to either report and recommendation. Accordingly, (1) the motions for prejudgment interest [DI 872] and for a default judgment [DI 866] be and they hereby are granted. The Clerk is directed to enter an amended judgment against defendant Moses Stem a/k/a Mark Stem and a judgment against First Republic Group Corp., each in the amount of $13,000,000 plus interest at the rate of $3,205.48 per day from July 13, 2007 to the date of judgment. For the reasons stated by Magistrate Judge Gorenstein, the Clerk shall close the case and terminate any and all heretofore unresolved motions. (Signed by Judge Lewis A. Kaplan on 1/3/2017) (cla)
January 4, 2017	Transmission to Judgments and Orders Clerk. Transmitted re: #888 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk. (cla)
December 1, 2016	Filing 887 REPORT AND RECOMMENDATION: re: #866 MOTION for Default Judgment. For the foregoing reasons, the motion for default judgment (Docket # 866) should be granted. The Clerk of Court should enter a judgment by default against defendant First Republic Group Corp., in the amount of $13,000,000.00, plus prejudgment interest accruing at the rate of $3,205.48 per day from July 13, 2007, until the date judgment is entered. Additionally, because all other parties have settled or have been (or must be) dismissed from the case, the Clerk should be instructed to close the case. Objections to R&R due by 12/15/2016. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2016) (ama)
December 1, 2016	Filing 886 REPORT AND RECOMMENDATION: re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines, #862 Report and Recommendations, (Refiling Docket No. 868 to correct event type filed by Amusement Industry, Inc., Practical Finance Co., Inc. For the foregoing reasons, the motion for prejudgment interest (Docket# 872) should be granted. An amended judgment should be entered in favor of plaintiffs against Moses Stern a/k/a Mark Stern in the amount of $13,000,000 plus prejudgment interest of $3,205.48 per day from July 13, 2007, until the date of judgment. Objections to R&R due by 12/15/2016 (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2016) (ama) Modified on 12/1/2016 (ama). Modified on 12/1/2016 (ama).
November 16, 2016	Filing 885 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 10, 2016, Plaintiffs' motion for summary judgment against Defendant Moses Stern is granted and judgment is entered in favor of Plaintiffs and against Stern in the amount of $13 million. (Signed by Clerk of Court Ruby Krajick on 11/16/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
November 10, 2016	Filing 884 ORDER granting #828 Motion for Summary Judgment. Accordingly, plaintiffs' motion for summary judgment against defendant Moses Stern [DI 828] is granted. The Clerk shall enter judgment in favor of plaintiffs and against Stern in the amount of $13 million. (As further set forth in this Order) (Signed by Judge Lewis A. Kaplan on 11/10/2016) (kl)
November 10, 2016	Transmission to Judgments and Orders Clerk. Transmitted re: #884 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (kl)
October 19, 2016	Filing 883 ORDER granting #866 Motion for Default Judgment (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
September 23, 2016	Filing 882 REPLY MEMORANDUM OF LAW in Support re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). . Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)
September 15, 2016	Filing 881 MEMORANDUM OF LAW in Opposition re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). . Document filed by Moses Stern. (Condon, Brian)
September 15, 2016	Filing 880 DECLARATION of Brian K. Condon in Opposition re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.).. Document filed by Moses Stern. (Attachments: #1 Exhibit A)(Condon, Brian)
September 12, 2016	Filing 879 OBJECTION to #862 Report and Recommendations Document filed by Moses Stern. (Attachments: #1 Exhibit A)(Condon, Brian)
September 12, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Brian K Condon to RE-FILE Document #878 MOTION for Report and Recommendations Objection to Report and Recommendation. Use the event type Objection to Report and Recommendations found under the event list Other Answers. (db)
September 9, 2016	Filing 878 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Report and Recommendations Objection to Report and Recommendation. Document filed by Moses Stern. (Attachments: #1 Exhibit A)(Condon, Brian) Modified on 9/12/2016 (db).
September 6, 2016	Filing 877 ORDER: The September 6, 2016 order (DI 876) adopting the August 10, 2016 report and recommendation is vacated. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/6/2016) (kl)
September 6, 2016	Filing 876 Vacated as per Judge's Order dated 9/6/2016, Doc. #877. ORDER granting #828 Motion for Summary Judgment. Plaintiffs move for summary judgment as against defendant Moses Stem. In a report and recommendation dated August 10, 2016 [DI 862], Magistrate Judge Gabriel W. Gorenstein recommended that the motion be granted. Objections, if any, were due no later than August 29, 2016. None have been filed. Accordingly, plaintiffs' motion for summary judgment against defendant Moses Stern [DI 828] is granted. The Clerk shall enter judgment in favor of plaintiffs and against Stern in the amount of $13 million. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/4/2016) (kl) Modified on 9/6/2016 (kl).
September 6, 2016	Transmission to Judgments and Orders Clerk. Transmitted re: #876 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (kl)
August 26, 2016	Filing 875 NOTICE of Errata re: #870 Declaration in Support of Motion,, #874 Declaration in Support of Motion,,. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Hofsaess, John)
August 26, 2016	Filing 874 DECLARATION of John W. Hofsaess in Support re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.).. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Hofsaess, John)
August 26, 2016	Filing 873 MEMORANDUM OF LAW in Support re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). (Refiling Docket No. 869 to correct event type.). Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)
August 26, 2016	Filing 872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Hofsaess, John)
August 26, 2016	Filing 871 DECLARATION of John W. Hofsaess in Support re: #866 MOTION for Default Judgment as to First Republic Group Corp... Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32)(Hofsaess, John)
August 26, 2016	Filing 870 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John W. Hofsaess in Support re: #868 MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Hofsaess, John) Modified on 8/26/2016 (db).
August 26, 2016	Filing 869 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #868 MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. . Document filed by Amusement Industry, Inc., Practical Finance Co., Inc. (Hofsaess, John) Modified on 8/26/2016 (db).
August 26, 2016	Filing 868 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Hofsaess, John) Modified on 8/26/2016 (db).
August 26, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Werner Hofsaess, Jr. to RE-FILE Document #868 MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. Use the event type Miscellaneous Relief found under the event list Motions. (db)
August 26, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Werner Hofsaess, Jr. to RE-FILE Document #869 Memorandum of Law in Support of Motion, #870 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error(s). (db)
August 25, 2016	Filing 867 MEMORANDUM OF LAW in Support re: #866 MOTION for Default Judgment as to First Republic Group Corp.. . Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Hofsaess, John)
August 25, 2016	Filing 866 MOTION for Default Judgment as to First Republic Group Corp.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. Responses due by 9/15/2016(Hofsaess, John)
August 22, 2016	Filing 865 ORDER granting #864 Letter Motion for Extension of Time. Application granted. So Ordered. Objections to R&R due by 9/9/2016 (Signed by Judge Edgardo Ramos, Part I, on 8/22/2016) (kl)
August 19, 2016	Filing 864 LETTER MOTION for Extension of Time addressed to Judge Lewis A. Kaplan from Brian K. Condon dated August 19, 2016. Document filed by Moses Stern.(Condon, Brian)
August 11, 2016	Filing 863 ORDER. In its reply memorandum of law in support of its pending motion for summary judgment against Moses Stern, plaintiffs state that they intend to move for prejudgment interest "[i]f the Court grants compensatory damages." See Amusement Industry, Inc.'s and Practical Finance Co., Inc.'s Reply Memorandum of Points and Authorities in Support of their Motion for Summary Judgment, filed February 26, 2016 (Docket #851), at 24. In fact, the Court had expected that any summary judgment motion relating to prejudgment interest would have been filed at the same time as any motion relating to compensatory damages. Be that as it may, the Court will permit plaintiffs to seek prejudgment interest provided they do so promptly. Any motion for prejudgment interest shall be filed by August 25, 2016. The motion may make the assumption that defendant Moses Stern will be found liable for compensatory damages in the amount of $13,000,000. The briefing schedule shall be in accordance with paragraph 2.B of the Court's Individual Practices. Additionally, there appear to be two defendants other than Moses Stern that remain in this case: First Republic Group Realty, LLC, and First Republic Group Corp. See Third Amended Complaint, filed April 27, 2010 (Docket #405). It appears that both are in default in light of the fact that they are corporations and are no longer represented by attorneys. If plaintiffs seek a default judgment against either or both of these entities, they must file a motion for a default judgment no later than August 25, 2016. If no such motion is filed, the case will be dismissed as to these entities. So ordered. (Motions due by 8/25/2016.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/11/2016) (rjm)
August 11, 2016	Filing 862 REPORT AND RECOMMENDATION. For the reasons stated above, Amusement's motion for summary judgment against Moses Stern, a/k/a Mark Stern (Docket #828), should be granted in its entirety in the amount of $13,000,000. re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. filed by Amusement Industry, Inc., Practical Finance Co., Inc. (Objections to R&R due by 8/29/2016). (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2016) (rjm).
July 28, 2016	Filing 861 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)
July 28, 2016	Filing 860 MEMORANDUM OF LAW in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Pursuant to Order (Doc 855) to refile unredacted memorandum of law and unsealed, redacted exhibits. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit Unsealed Exhibit 2, #2 Exhibit Unsealed Exhibit 3, #3 Exhibit Unsealed Exhibit 4, #4 Exhibit Unsealed Exhibit 5, #5 Exhibit Unsealed Exhibit 6, #6 Exhibit Unsealed Exhibit 8, #7 Exhibit Unsealed Exhibit 17, #8 Exhibit Unsealed Exhibit 27, #9 Exhibit Unsealed Exhibit 29, #10 Exhibit Unsealed Exhibit 39, #11 Exhibit Unsealed Exhibit 40, #12 Exhibit Unsealed Exhibit 51, #13 Exhibit Unsealed Exhibit 76, #14 Exhibit Unsealed Exhibit 78, #15 Exhibit Unsealed Exhibit 81, #16 Exhibit Unsealed Exhibit 82, #17 Exhibit Unsealed Exhibit 83, #18 Exhibit Unsealed Exhibit 84, #19 Exhibit Unsealed Exhibit 104, #20 Exhibit Unsealed Exhibit 106, #21 Exhibit Unsealed Exhibit 109, #22 Exhibit Unsealed Exhibit 112, #23 Exhibit Unsealed Exhibit 120, #24 Exhibit Unsealed Exhibit 135, #25 Exhibit Unsealed Exhibit 137, #26 Exhibit Unsealed Exhibit 138, #27 Exhibit Unsealed Exhibit 140, #28 Exhibit Unsealed Exhibit 143, #29 Exhibit Unsealed Exhibit 144, #30 Exhibit Unsealed Exhibit 145, #31 Exhibit Unsealed Exhibit 148)(Hofsaess, John)
July 28, 2016	Filing 859 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #858 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [DOC 833 Unsealed]. Local Civil Rule 56.1 Statement of Undisputed Material Facts.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John) Modified on 7/28/2016 (db).
July 28, 2016	Filing 858 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [DOC 833 Unsealed]. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit Unsealed Exhibit 2, #2 Exhibit Unsealed Exhibit 3, #3 Exhibit Unsealed Exhibit 4, #4 Exhibit Unsealed Exhibit 5, #5 Exhibit Unsealed Exhibit 6, #6 Exhibit Unsealed Exhibit, #7 Exhibit Unsealed Exhibit 17, #8 Exhibit Unsealed Exhibit 27, #9 Exhibit Unsealed Exhibit 29, #10 Exhibit Unsealed Exhibit 39, #11 Exhibit Unsealed Exhibit 40, #12 Exhibit Unsealed Exhibit 51, #13 Exhibit Unsealed Exhibit 76, #14 Exhibit Unsealed Exhibit 78, #15 Exhibit Unsealed Exhibit 81, #16 Exhibit Unsealed Exhibit 82, #17 Exhibit Unsealed Exhibit 83, #18 Exhibit Unsealed Exhibit 84, #19 Exhibit Unsealed Exhibit 104, #20 Exhibit Unsealed Exhibit 106, #21 Exhibit Unsealed Exhibit 109, #22 Exhibit Unsealed Exhibit 112, #23 Exhibit Unsealed Exhibit 120, #24 Exhibit Unsealed Exhibit 135, #25 Exhibit Unsealed Exhibit 137, #26 Exhibit Unsealed Exhibit 138, #27 Exhibit Unsealed Exhibit 140, #28 Exhibit Unsealed Exhibit 143, #29 Exhibit Unsealed Exhibit 144, #30 Exhibit Unsealed Exhibit 145, #31 Exhibit Unsealed Exhibit 148)(Hofsaess, John) Modified on 7/28/2016 (db).
July 28, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Werner Hofsaess to RE-FILE Document #859 Memorandum of Law in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
July 28, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Werner Hofsaess to RE-FILE Document #858 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [DOC 833 Unsealed]. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
July 25, 2016	Filing 857 MEMO ENDORSEMENT on re: #856 Letter, filed by Amusement Industry, Inc., Practical Finance Co., Inc. ENDORSEMENT: As a result of the Amusement Parties review of the documents previously filed under seal and as set forth above, the Amusement Parties request permission to file the above-identified exhibits with redaction of the financial account numbers, and Safrin's personal identification information, and any other personal identification information of any person. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/25/2016) (lmb)
July 22, 2016	Filing 856 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated July 22, 2016 re: Justification for Redaction Consistent with Order [Doc 855]. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Hofsaess, John)
July 14, 2016	Filing 855 ORDER. The papers supporting plaintiffs' motion for summary judgment (Docket #828-36) contain numerous redactions - apparently based on designations made by the parties pursuant to the Stipulated Protective Order, filed May 14, 2008 (Docket #75). Having reviewed these materials, and based on the information currently before it, the Court does not believe the redactions can be justified under the standard articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), and as further specified and set forth in this Order. Plaintiffs are directed to re-file in unredacted form its filings in this matter to the extent the original filing contained redactions. There-filed submission shall otherwise duplicate the original filings, and thus shall preserve exhibit numbers. Such filing shall occur on or before July 29, 2016, except that if a party believes it can justify the redactions under the Lugosch standard, it may file a memorandum of law that justifies each redaction for which protection is sought. Any such memorandum shall be filed by July 22, 2016. If such a memorandum is filed, the July 29 deadline will be automatically stayed until further ruling from the Court. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/14/2016) (rjm)
July 14, 2016	Transmission to Sealed Records Clerk. Transmitted re: #855 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
June 22, 2016	Filing 854 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 6/22/2016 re: respectfully request that you order my withdrawal from the above matters. ENDORSEMENT: Mr. Anand to be terminated as counsel for all parties he requests. SO ORDERED. Attorney Harvinder Singh Anand terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2016) (kl)
February 26, 2016	Filing 853 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)
February 26, 2016	Filing 852 DECLARATION of John W. Hofsaess in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 154, #2 Exhibit 155, #3 Exhibit 156, #4 Exhibit 157, #5 Exhibit 158, #6 Exhibit 159, #7 Exhibit 160, #8 Exhibit 161, #9 Exhibit 162, #10 Exhibit 163, #11 Exhibit 164, #12 Exhibit 165, #13 Exhibit 166, #14 Exhibit 167, #15 Exhibit 168, #16 Exhibit 169, #17 Exhibit 170, #18 Exhibit 171, #19 Exhibit 172)(Hofsaess, John)
February 26, 2016	Filing 851 REPLY MEMORANDUM OF LAW in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. . Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Anand, Harvinder)
January 22, 2016	Filing 850 DECLARATION of Brian K. Condon in Opposition re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Moses Stern(an individual), Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B)(Condon, Brian)
January 22, 2016	Filing 849 MEMORANDUM OF LAW in Opposition re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. . Document filed by Moses Stern(an individual), Moses Stern. (Condon, Brian)
January 22, 2016	Filing 848 RULE 56.1 STATEMENT., RESPONSE re: #834 Rule 56.1 Statement . Document filed by Moses Stern(an individual), Moses Stern. (Condon, Brian)
January 22, 2016	Filing 847 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Brian K. Condon in Opposition re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Moses Stern(an individual), Moses Stern. (Condon, Brian) Modified on 1/25/2016 (kj).
December 22, 2015	Filing 846 ORDER granting #845 LETTER MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Summary Judgment addressed to Magistrate Judge Gabriel W. Gorenstein from Brian K. Condon dated 12/21/15. Document filed by Mark Stern. Defendant's opposition shall be filed by January 22, 2016. Plaintiffs' reply shall be filed by February 26, 2016. There will be no extension of either deadline absent extraordinary circumstances demonstrated by a formal motion filed as soon as the need for an extension has arisen. The pre-motion conference for such a motion is waived. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/21/2015) (rjm)
December 22, 2015	Set/Reset Deadlines: Responses due by 1/22/2016. Replies due by 2/26/2016. (rjm)
December 21, 2015	Filing 845 LETTER MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Summary Judgment addressed to Magistrate Judge Gabriel W. Gorenstein from Brian K. Condon dated 12/21/15. Document filed by Mark Stern.(Condon, Brian)
December 18, 2015	Filing 844 ORDER regarding #843 Letter Motion for Extension of Time. This application is denied without prejudice for failure to comply with paragraph 1.E of the Court's Individual Practices. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.)
December 18, 2015	Filing 843 LETTER MOTION for Extension of Time to File Opposition to Plaintiff's Summary Judgment Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Brian K. Condon dated 12/18/15. Document filed by Mark Stern.(Condon, Brian)
December 18, 2015	Filing 842 NOTICE OF APPEARANCE by Brian K Condon on behalf of Mark Stern. (Condon, Brian)
December 18, 2015	Filing 841 NOTICE OF APPEARANCE by Brian K Condon on behalf of Mark Stern. (Condon, Brian)
November 12, 2015	Filing 840 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Moses Stern dated 11/10/2015 re: I respectfully ask from Your Honor and the Court an additional 45 days to respond to the summary judgement motion. ENDORSEMENT: Mr. Stern's original attorney was relieved in December 2013, almost two years ago. Mr. Stern stipulated that he would undertake to obtain all case files from his original attorney at that time (Docket #736). Thus, any efforts now on his part to seek an attorney or gather documents do not justify an extension. Nonetheless, the Court will grant the rather lengthy requested extension in light of his pro se status. The time for Mr. Stern to respond to the summary judgment motion is extended to December 28, 2015. Plaintiffs' response shall be filed on or before January 19, 2016. The Court notes that even if Mr. Stern plans to make efforts to hire an attorney, he should start work on the opposition to his motion now as it is unlikely that the Court will grant a further extension. Plaintiffs shall email a copy of this Order to Mr. Stern. So ordered. (Responses due by 12/28/2015. Replies due by 1/19/2016.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/12/2015) (rjm)
November 6, 2015	Filing 839 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Moses Stern dated 10/27/2015 Re: According to the September 24th conference call and docket 174 there's a mediation from all parties due on December 15th. I will attend that mediation, or in the alternative wait for the outcome of that mediation, and I would respectfully ask that the reply due on October 27th request for serving the subpoena be pushed back until after the mediation as well as the summary judgement reply. ENDORSEMENT: Regarding the attached letters, the Court is unsure if Mr. Stern is seeking an extension only of his time to respond to the plaintiff's letter regarding of his subpoenas - a deadline imposed in Amusement Indus. v. Midland Avenue Assocs., 10 Civ. 5064 - or whether he is also seeking to extend his time to respond to the summary judgment motion in Amusement Indus. v. Stern, 07 Civ. 11586. We will assume he is seeking both. The deadline for Mr. Stern to respond to the plaintiffs' opposition to his subpoenas was October 27, 2015 (Docket entry #179). Given Mr. Stern's refusal to say whether he will participate in the settlement conference, the Court is not sympathetic to a claim that the deadline should be extended based on the timing of that conference. Nonetheless, in light of the potential that Mr. Stern may attend, the Court will extend the due date of his response to December 29, 2015. Plaintiff's reply will be due January 8, 2016. If Mr. Stem decides definitively not to attend the settlement conference, he shall inform the Court as soon as he makes this decision, and the Court will advance the due date for his response. As for the deadline for Mr. Stem's response to the summary judgment motion in Amusement Indus. v. Stem, 07 Civ. 11586, there is no settlement conference planned in that case. Moreover, the summary judgment briefing in that case is going forward regardless of the outcome of the settlement conference in the Midland Avenue case. Additionally, the Court's disposition of the request for subpoenas in the Midland A venue case also has no bearing on the Stem case. Thus, the Court denies any request to delay the summary judgment briefing based on the scheduling of the settlement conference in the Midland A venue case or the timing of the resolution of the subpoena dispute. Mr. Stem's current deadline for responding to the summary judgment is November 13, 2015 (Docket #816). The Court assumes he will meet this deadline. If he needs more time to respond, he should send a new letter immediately, stating precisely how much more time he needs and why - and without regard to the settlement conference or his plans for discovery in the Midland A venue case. Plaintiff's counsel is directed to email a copy of this Order to all pro se parties. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/5/2015) (rjm) Modified on 11/18/2015 (rjm).
October 23, 2015	Filing 838 SEALED DOCUMENT placed in vault.(mps)
October 22, 2015	Filing 837 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 10/21/2015 re: To avoid duplicate filings and permit easier access of the complete filing, the Amusement Parties respectfully request permission to file under seal a single set of complete unredacted motion papers, and as further set forth and specified in this letter. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/22/2015) (rjm)
October 22, 2015	Transmission to Sealed Records Clerk. Transmitted re: #837 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
October 21, 2015	Filing 836 NOTICE of of Errata for Exhibits to Declaration of John W. Hofsaess re: #833 Declaration in Support of Motion,,,,,,,,,,,,,. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Attachments: #1 Exhibit 67, #2 Exhibit 146, #3 Exhibit 148)(Hofsaess, John)
October 21, 2015	Filing 835 NOTICE of of Errata Concerning Rule 56.1 Statement re: #832 Rule 56.1 Statement. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)
October 21, 2015	Filing 834 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)
October 19, 2015	Filing 833 DECLARATION of John W. Hofsaess in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140, #141 Exhibit 141, #142 Exhibit 142, #143 Exhibit 143, #144 Exhibit 144, #145 Exhibit 145, #146 Exhibit 146, #147 Exhibit 147, #148 Exhibit 148, #149 Exhibit 149, #150 Exhibit 150, #151 Exhibit 151, #152 Exhibit 152, #153 Exhibit 153)(Anand, Harvinder)
October 19, 2015	Filing 832 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Anand, Harvinder)
October 19, 2015	Filing 831 DECLARATION of Michael F. McGowan in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibits A through E)(Anand, Harvinder)
October 19, 2015	Filing 830 NOTICE of to Pro Se Litigant Who Opposes A Motion for Summary Judgment re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Anand, Harvinder)
October 19, 2015	Filing 829 MEMORANDUM OF LAW in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [Redacted Publicly Filed Version]. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Anand, Harvinder)
October 19, 2015	Filing 828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. Responses due by 11/13/2015(Anand, Harvinder)
October 19, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
October 19, 2015	*NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #821 Declaration in Support of Motion. ERROR(S): Document linked to filing error. REMINDER** - When refiling this document, ATTACH ALL exhibits filed on documents [822-826] to this Declaration. DO NOT FILE duplicate main documents. (db)
October 19, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #820 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
October 19, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #827 Memorandum of Law in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
October 16, 2015	Filing 827 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Local Civil Rule 56.1 Statement of Undisputed Material Facts. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 826 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 131, #2 Exhibit 132, #3 Exhibit 133, #4 Exhibit 134, #5 Exhibit 135, #6 Exhibit 136, #7 Exhibit 137, #8 Exhibit 138, #9 Exhibit 139, #10 Exhibit 140, #11 Exhibit 141, #12 Exhibit 142, #13 Exhibit 143, #14 Exhibit 144, #15 Exhibit 145, #16 Exhibit 146, #17 Exhibit 147, #18 Exhibit 148, #19 Exhibit 149, #20 Exhibit 150, #21 Exhibit 151, #22 Exhibit 152, #23 Exhibit 153)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 825 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 91, #2 Exhibit 92, #3 Exhibit 93, #4 Exhibit 94, #5 Exhibit 95, #6 Exhibit 96, #7 Exhibit 97, #8 Exhibit 98, #9 Exhibit 99, #10 Exhibit 100, #11 Exhibit 101, #12 Exhibit 102, #13 Exhibit 103, #14 Exhibit 104, #15 Exhibit 105, #16 Errata 106, #17 Exhibit 107, #18 Exhibit 108, #19 Exhibit 109, #20 Exhibit 110, #21 Exhibit 111, #22 Exhibit 112, #23 Exhibit 113, #24 Exhibit 114, #25 Exhibit 115, #26 Exhibit 116, #27 Exhibit 117, #28 Exhibit 118, #29 Exhibit 119, #30 Exhibit 120, #31 Exhibit 121, #32 Exhibit 122, #33 Exhibit 123, #34 Errata 124, #35 Exhibit 125, #36 Exhibit 126, #37 Exhibit 127, #38 Exhibit 128, #39 Exhibit 129, #40 Exhibit 130)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 824 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70, #11 Exhibit 71, #12 Exhibit 72, #13 Exhibit 73, #14 Exhibit 74, #15 Exhibit 75, #16 Exhibit 76, #17 Exhibit 77, #18 Exhibit 78, #19 Exhibit 79, #20 Exhibit 80, #21 Exhibit 81, #22 Exhibit 82, #23 Exhibit 83, #24 Exhibit 84, #25 Exhibit 85, #26 Exhibit 86, #27 Exhibit 87, #28 Exhibit 88, #29 Exhibit 89, #30 Exhibit 90)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 823 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40, #11 Exhibit 41, #12 Exhibit 42, #13 Exhibit 43, #14 Exhibit 44, #15 Exhibit 45, #16 Exhibit 46, #17 Exhibit 47, #18 Exhibit 48, #19 Exhibit 49, #20 Exhibit 50, #21 Exhibit 51, #22 Exhibit 52, #23 Exhibit 53, #24 Exhibit 54, #25 Exhibit 55, #26 Exhibit 56, #27 Exhibit 57, #28 Exhibit 58, #29 Exhibit 59, #30 Exhibit 60)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 822 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 821 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 820 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael F. McGowan in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibits A through E)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 16, 2015	Filing 819 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). Responses due by 11/13/2015 (Attachments: #1 Notice to Pro Se Litigant, #2 Memorandum of Points and Authorities)(Anand, Harvinder) Modified on 10/19/2015 (db).
October 1, 2015	Filing 818 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Avery Egert ("Egert"), The Safrin Group, LLC a/k/a The Sovereign Group ("TSG," and together with Egert, the "Egert Parties") and Joshua Safrin ("Safrin," and together with the Egert Parties, the "Safrin/Egert Parties"), by and through their undersigned counsel, and Ephraim Frenkel ("Frenkel") and Land Title Associates Agency, LLC a/k/a Land Title Associates ("LTA," and together with Frenkel, the "Frenkel Parties"), as follows: 1. The claims and causes of action asserted by the Safrin/Egert Parties against the Frenkel Parties in the above-captioned action are dismissed with prejudice and without costs. 2. The claims and causes of action asserted by the Frenkel Parties against the Safrin/Egert Parties in the above-captioned action are dismissed with prejudice and without costs. This Stipulation may be signed in counterparts, and facsimile or PDF signatures shall be treated as originals. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/1/2015) (rjm)
September 28, 2015	Filing 817 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Alevy"), and Steven Alevy dba Bankers Capital Realty Advisors ("Bankers Capital"), by and through their undersigned counsel, and Ephraim Frenkel ("Frenkel"), and Land Title Associates Agency, LLC dba Land Title Associates ("LTA"), as follows: All claims and causes of action asserted by Amusement and Practical against Frenkel and LTA in the above-captioned action, including in their Third Amended Complaint filed April27, 2010 [Docket #405], are dismissed with prejudice and without costs. All claims and causes of action asserted by Frenkel and LTA against Alevy and Bankers Capital in the above captioned action, including in their Crossclaim filed on June 30, 2011 [Docket # 600], and their Crossclaim filed on September 16, 2010 [Docket #509], are dismissed with prejudice and without costs. All claims and causes of action asserted by A levy and Bankers Capital against Frenkel and LTA in the above captioned action, including in their Crossclaim filed on September 2, 2010 [Docket #497], are dismissed with prejudice and without costs. Frenkel and LTA have asserted no claims or causes of action against Amusement or Practical in the above captioned action, and as further set forth in this Stipulation and Order of Dismissal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2015) (rjm)
September 21, 2015	Filing 816 ORDER. In response to plaintiffs' letter of September 11, 2015 (Docket # 814 ), the pre-motion conference requirement is waived. The proposed summary judgment motion shall be filed on or before October 16, 2015. Defendants' response shall be filed on or before November 13, 2015. Plaintiffs may file any reply on or before December 4, 2015, and as further set forth in this Order. (Motions due by 10/16/2015. Responses due by 11/13/2015. Replies due by 12/4/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2015) (rjm)
September 16, 2015	Filing 815 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Avery Egert ("Egert"), The Safrin Group, LLC a/k/a The Sovereign Group ("TSG," and together with Egert, the "Egert Parties") and Joshua Safrin ("Safrin," and together with the Egert Parties, the "Safrin/Egert Parties"), by and through their undersigned counsel, and Mark Stern ("Stern") and First Republic Group Corp. ("FRG Corp., and together with Stern, the "Stern Parties"), as follows: 1. The claims and causes of action asserted by the Safrin/Egert Parties against the Stern Parties in the above-captioned action are dismissed with prejudice and without costs. 2. The claims and causes of action asserted by the Stern Parties against the Safrin/Egert Parties in the above-captioned action are dismissed with prejudice and without costs. This Stipulation may be signed in counterparts, and facsimile or PDF signatures shall be treated as originals. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/11/2015) (rjm). Modified on 9/17/2015 (rjm).
September 11, 2015	Filing 814 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 09/11/2015 re: Request for a Pre-Motion Conference. Document filed by Amusement Industry, Inc..(Anand, Harvinder)
September 10, 2015	Filing 813 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Elissa E. Koolyk dated 9/10/2015 re: I respectfully request that you please order my withdrawal and order that my name be removed from the ECF system in connection with the above litigations. ENDORSEMENT: Granted. So ordered. Attorney Elissa E. Koolyk terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/10/2015) (rjm)
September 4, 2015	Filing 812 ORDER granting #811 Letter Motion for Extension of Time. The deadline to request the filing of a summary judgment motion is extended to September 30, 2015, for all parties. Mr. Rakower shall transmit this Order to any pro se party forthwith. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.)
September 4, 2015	Filing 811 LETTER MOTION for Extension of Time to file any request for permission to make summary judgment motions against the Stern and Frenkel Parties, addressed to Magistrate Judge Gabriel W. Gorenstein from Michael Rakower dated September 4, 2015. Document filed by Avery Egert.(Rakower, Michael)
August 26, 2015	Filing 810 DOCKET ANNOTATION: In light of the letter from plaintiffs dated August 26, 2015, the time for the Amusement parties to make a request for permission to file a summary judgment motion as to the Frenkel parties is extended to September 30, 2015. (Gorenstein, Hon. Gabriel W.)
August 21, 2015	Filing 809 ORDER. Discovery having closed in this matter, the parties are directed to file, on or before September 4, 2015, any request for permission to make summary judgment motions. The letter should describe the proposed motions succinctly. The Court will thereafter set a briefing schedule for any requested motion. If no party makes such a request, the Court will set a deadline for the submission of pre-trial order materials. Plaintiffs are directed to transmit this Order to Moses Stern and to confirm with Moses Stern that he has received it. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/21/2015) (rjm)
July 6, 2015	Filing 808 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 7/6/2015 re: The parties are to report to the Court by no later than August 20, 2015, on the status of settlement discussions. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/6/2015) (rjm)
July 1, 2015	Filing 807 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Alevy"), and Steven Alevy dba Bankers Capital Realty Advisors ("Bankers Capital"), by and through their undersigned counsel, and Avery Egert ("Egert"), and The Safrin Group, LLC dba The Sovereign Group ("Safrin Group"), by and through their undersigned counsel, (hereinafter collectively the "Parties"), as follows: All claims and causes of action asserted by Amusement and Practical against Egert in the above-captioned action, including in their Third Amended Complaint filed April 27, 2010 [Docket #405], are dismissed with prejudice and without costs. All claims and causes of action asserted by Egert against Alevy and Bankers Capital in the above captioned action, including in their Crossclaim filed on March 22, 2010 [Docket# 384], are dismissed with prejudice and without costs. All claims and causes of action asserted by Alevy and Bankers Capital against Egert in the above captioned action, including in their Crossclaim filed on September 2, 2010 [Docket #497], are dismissed with prejudice and without costs, and as further set forth in this Stipulation and Order of Dismissal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/1/2015) (rjm)
June 30, 2015	Filing 806 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6-30-15 re: Settlement between the Egert Parties and Amusement Parties. Document filed by Avery Egert.(Rakower, Michael)
June 12, 2015	Filing 805 AMENDED ANSWER to #575 Answer to Amended Complaint, Crossclaim, Counterclaim,,,., CROSSCLAIM against First Republic Group Corp.. Document filed by Avery Egert. (Rakower, Michael)
June 12, 2015	Filing 804 SECOND ORDER PERMITING AVERY EGERT TO AMEND PLEADING TO ADD DEFENSE UNDER N.Y. GOB. LAW 15-108. IT IS HEREBY ORDERED that: (1) Avery Egert may amend his pleading in response to FRGC's contribution claim for the limited purpose of adding a defense based on N.Y. GOB. LAW 15-108 (the "Amended Pleading"); (2) the Amended Pleading shall be filed and served on or before June 22, 2015; (3) service of the Amended Pleading upon Stern by email at mstern109@gmail.com shall be deemed good and sufficient; and (4) Counsel shall serve a copy of this Order on Stern forthwith. (Amended Pleadings due by 6/22/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/12/2015) (rjm)
June 10, 2015	Filing 803 AMENDED ANSWER to #383 Amended Complaint,. Document filed by Avery Egert. (Rakower, Michael)
June 10, 2015	Filing 802 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/10/2015 re: Proposed Order and Amendment to Pleading. Document filed by Avery Egert.(Rakower, Michael)
June 8, 2015	Filing 801 ORDER PERMITTING AVERY EGERT TO AMEND PLEADING TO ADD DEFENSE UNDER N.Y. GOB. LAW 15-108. IT IS HEREBY ORDERED that: (1) Avery Egert may amend his pleading in response to Stern's contribution claim for the limited purpose of adding a defense based on N.Y. GOB. LAW 15-108 (the "Amended Pleading"); (2) the Amended Pleading shall be filed and served on or before June 22, 2015; and (3) service of the Amended Pleading upon Stern by email at mstern109@gmail.com shall be deemed good and sufficient. (4) Counsel shall serve a copy of this Order on Mr. Stern forthwith. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/8/2015) (rjm)
June 8, 2015	Filing 800 ORDER granting #798 Letter Motion for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/4/2015. Granted. Please serve this Order on Mr. Stern. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/8/2015) (kko)
June 5, 2015	Filing 799 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/5/2015 re: Proposed Order. Document filed by Avery Egert.(Rakower, Michael)
June 4, 2015	Filing 798 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/4/2015. Document filed by Avery Egert.(Rakower, Michael)
May 18, 2015	Filing 797 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Moses Stern dated 5/15/2015 re: I am writing here to ask the court respectfully, for an extension until May 26 so that I can review with counsel what these motions mean to me in this case. ENDORSEMENT: Extension to May 26 granted. Counsel for Egert shall serve this Order on Mr. Stern. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/2015) (rjm)
May 7, 2015	Filing 796 ORDER. The Court is in receipt of a letter dated May 6, 2015, from the parties (Docket #795). The relief requested therein is granted in part. The conference to discuss the discovery dispute raised in the letter dated April 1, 2015, is adjourned sine die. The parties shall file a letter on or before June 4, 2015, regarding the status of their settlement discussions. The Court will reschedule the discovery conference upon receipt of that letter in the event there is no settlement between the relevant parties, and as further set forth. Granting in part #795 Letter Motion to Adjourn Conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/7/2015) (rjm)
May 6, 2015	Filing 795 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated May 6, 2015. Document filed by Avery Egert.(Rakower, Michael)
April 16, 2015	Filing 794 ORDER: A conference to discuss the discovery dispute raised in the letter dated April 1, 2015, will take place on Thursday, May 14, 2015, at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. Each attorney is directed to ensure that all other attorneys are aware of the conference date and time. In addition, any requests for an adjournment must be made in compliance with paragraph 1.F of Judge Gorenstein's Individual Practices (available at: http://nysd.uscourts.gov/judge/Gorenstein). (Status Conference set for 5/14/2015 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2015) (kko)
April 13, 2015	Filing 793 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated April 13, 2015 re: Response to Documents 790 and 791. Document filed by Avery Egert. (Attachments: #1 Exhibit Steven Alevys Initial Disclosures, #2 Exhibit Cover Letters re Supplemental Production, #3 Exhibit Document Request re Settlement Agreement, #4 Exhibit Document Request re Engagement Letter, #5 Exhibit Email from Egert Parties to Amusement Parties re Case History, #6 Exhibit Analysis of Deleted Text Messages, #7 Exhibit Joint Letter to Court re Case Status, #8 Exhibit Email from Egert Parties to Amusement Parties re Further Required Searches)(Rakower, Michael)
April 9, 2015	Filing 792 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated April 9, 2015 re: Request for Permission to File Reply to Letter Submitted by Amusement Parties on April 7, 2015. Document filed by Avery Egert.(Rakower, Michael)
April 8, 2015	Filing 791 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated April 8, 2015 re: Correction to Letter filed 4/7/2015 Document 790. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation).(Anand, Harvinder)
April 7, 2015	Filing 790 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated April 7, 2015 re: Response to Document 787. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc..(Anand, Harvinder)
April 3, 2015	Filing 789 ORDER granting #787 Letter Motion for Extension of Time. The deadline for the parties to submit letters requesting permission to make a dispositive motion is extended until 30 days following the Court's ruling on the discovery dispute raised in docket #787. Any response to docket # 787 shall be made by April 7, 2015. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.)
April 1, 2015	Filing 788 ORDER OF DISMISSAL: It is hereby ORDERED pursuant to FED. R. Civ. P. 41(a)(2) and (c) that BIR and Friedman are DISMISSED from the above-captioned Action with prejudice and without costs. SO ORDERED. (See Order.) Stephen Friedman, Stephen Friedman (an individual), Stephen Friedman, Buchanan Ingersoll & Rooney, P.C. (a Pennsylvania professional corporation) and Buchanan Ingersoll & Rooney, P.C. (a Pennsylvania professional corporation) terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/1/2015) (ajs)
April 1, 2015	Filing 787 LETTER MOTION for Extension of Time to Submit Pre-Motion Letters for Dispositive Motions (and Requesting Pre-Motion Conference re Discovery Disputes) addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 4/1/15. Document filed by Avery Egert. (Attachments: #1 Exhibit Example of Redacted Entry, #2 Exhibit Excerpt from Steven Alevy's Transcript, #3 Exhibit Excerpt from transcript of court hearing)(Rakower, Michael)
April 1, 2015	Filing 786 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among (1) Buchanan Ingersoll & Rooney PC ("BIR") and Stephen Friedman ("Friedman"), by and through their undersigned counsel, and (2) Ephraim Frenkel ("Frenkel") and Land Title Associates Agency, LLC ("LTA" and, together with Frenkel, BIR and Friedman, the "Stipulating Parties"), that all claims and causes of action asserted between the Stipulating Parties in the above-captioned action are dismissed with prejudice and without costs. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2015) (ama)
April 1, 2015	Filing 785 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Joshua Safrin ("Safrin"), Avery Egert ("Egert"), The Safrin Group, LLC a/k/a The Sovereign Group ("TSG" and, together with Egert and Safrin, the "Safrin/Egert Parties"), by and through their undersigned counsel, and Buchanan Ingersoll & Rooney PC ("BIR") and Stephen Friedman ("Friedman" and, together with BIR, the "BIR Parties"), by and through their undersigned counsel, as follows: The claims and causes of action asserted by the Safrin/Egert Parties against the BIR Parties in the above-captioned action are dismissed with prejudice and without costs. The claims and causes of action asserted by the BIR Parties against the Safrin/Egert Parties in the above-captioned action are dismissed with prejudice and without costs. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2015) (ama)
April 1, 2015	Filing 784 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Alevy"), and Steven Alevy d/b/a Bankers Capital Realty Advisors ("BankersCapital"), by and through their undersigned counsel, and Buchanan Ingersoll & Rooney PC ("BIR"), and Stephen Friedman ("Friedman"), by and through their undersigned counsel, as follows: All claims and causes of action asserted by Steven Alevy and Bankers Capital against BIR and Friedman in the above captioned action, including in their Fourth Amended Answer to the Third Party Complaint of Defendant Safrin, Counterclaims against Safrin, and Cross-claims against Stern, Egert, First Republic, Frenkel, Land Title, Stephen Friedman andBuchanan Ingersoll & Rooney, filed September 2, 2010 [Docket# 497], are dismissed with prejudice and without costs. All claims and causes of action asserted by BIR and Friedman against Steven Alevy and Bankers Capital in the above-captioned action, including in (a) BlR's Answer to Safrin's Third Amended Third-party Complaint and Cross-claims, filed on April 29, 2011 [Docket# 574], and (b) Friedman's Answer to Safrin's Third Amended Third-party Complaintand Cross-claims, filed on April 29, 2011 [Docket # 578], are dismissed with prejudice and without costs. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2015) (ama)
April 1, 2015	Set/Reset Deadlines: (ama)
February 26, 2015	Filing 783 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 2/25/2015 re: On behalf of all the parties, I write to inform the Court of the status of these two matters and to request a brief adjournment of the two remaining deadlines in the Stern Action. ENDORSEMENT: So ordered. (Deposition due by 4/3/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/26/2015) (rjm)
October 14, 2014	Filing 782 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jeffrey H. Zaiger dated 10/10/2014 re: I write on behalf of all parties to respectfully request a brief adjournment of the dates set forth in a September 10, 2014 letter previously endorsed by the Court (ECF No. 779). ENDORSEMENT: So ordered. (Deposition due by 2/27/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/10/2014) (rjm)
September 30, 2014	Filing 781 STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS WITH PREJUDICE AND WITHOUT COSTS. IT IS HEREBY STIPULATED AND AGREED by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Steven Alevy") and Steven Alevy d/b/a Bankers Capital Realty Advisors ("Bankers Capital"), by and through their undersigned counsel, and Joshua Safrin ("Safrin"), by and through his undersigned counsel, (hereinafter collectively the "Parties"), agree as follows: 1. The claims and causes of action asserted by Amusement and Practical against Safrin in the Third Amended Complaint filed April 27, 2010 [Docket #405] are dismissed with prejudice and without costs. 2. The cross-claims and causes of action asserted by Steven Alevy and Bankers Capital against Safrin in Steven Alevy and Banker Capital's Answer to Safrin's Third Amended Third-Party Complaint and Cross-Claim against Safrin filed September 2, 2010 [Docket #497] are dismissed with prejudice and without costs. 3. The third-party claims and causes of action asserted by Safrin against Steven Alevy and Bankers Capital in Safrin's Third Amended Third-Party Complaint filed on May 7, 2010 [Docket #423] are dismissed with prejudice and without costs. 4. The Parties' other claims shall remain pending for independent adjudication. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2014) (rjm)
September 11, 2014	Filing 780 OPINION and Order #104711 re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . filed by Joshua Safrin, Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., The Safrin Group, LLC. The Moving Parties motion to amend their pleadings (Docket # 755) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 09/10/14) (Gonzalez, Sylvia) Modified on 9/12/2014 (ca).
September 10, 2014	Filing 779 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 9/9/2014 re: All parties respectfully request that the Court modify the schedule it set in Stern on August 21, 2014 (ECF No. 776) as further specified in this letter. ENDORSEMENT: So ordered. (Deposition due by 2/11/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/10/2014) (rjm)
August 25, 2014	Filing 778 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Proceeding proceeding held on 05/26/2009 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...(ca)
August 25, 2014	Filing 777 TRANSCRIPT of Proceedings re: PROCEEDING held on 5/26/2009 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/18/2014. Redacted Transcript Deadline set for 9/29/2014. Release of Transcript Restriction set for 12/1/2014.(ca)
August 21, 2014	Set/Reset Deadlines: Deposition due by 1/16/2015. (ja)
August 21, 2014	Filing 776 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand, dated 8/20/2014, re: request on behalf of the parties that the Court modify the existing schedule in each matter: Expert Deposition Cutoff new date 1/16/2015 and as further set forth herein. ENDORSEMENT: Granted. (Deposition due by 1/16/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2014) (ja) Modified on 8/21/2014 (ja). Modified on 8/26/2014 (ja).
August 8, 2014	Filing 775 ORDER: Attorneys Craig Harry Missakian and Mariana L. Aguilar are hereby terminated as attorneys in all three matters. The Clerk is requested to so conform each docket sheet. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/07/2014) (ama)
August 7, 2014	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 8/7/2014. Plaintiff's application for a stay of 120 days is denied. Deposition of Mr. Friedman to occur at the beginning of September. Parties in the 07 case to propose a new schedule that has expert disclosures shortly after the completion of the Friedman deposition. Parties in the 10 and 11 cases should present new proposed schedules.. (Gonzalez, Sylvia)
August 7, 2014	Filing 774 ORDER granting #773 Motion for Harvinder S. Anand to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
August 7, 2014	Filing 773 MOTION for Harvinder S. Anand to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Anand, Harvinder)
August 7, 2014	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #773 MOTION for Harvinder S. Anand to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 1, 2014	Filing 772 ORDER: A telephone conference to discuss the matter raised in plaintiff's letter dated August 1, 2014, will take place on Thursday, August 7, 2014, at 4:00 p.m. Anyone objecting to the relief sought should submit a responsive letter in accordance with paragraph 2.A of this Court's Individual Practices. It is the Court's intention to decide the matter based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. And as set forth herein. SO ORDERED.( Telephone Conference set for 8/7/2014 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/01/2014) (ama)
August 1, 2014	Filing 771 NOTICE OF CHANGE OF ADDRESS by John Werner Hofsaess, Jr on behalf of Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. New Address: Amusement Industry, Inc., 520 W. Willow Street, Long Beach, CA, 90806, (310) 639-7130. (Hofsaess, John)
August 1, 2014	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #770 MOTION for Harvinder S. Anand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9953912. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Missing Certificate of Good Standing from the Supreme Court of California with the Clerk of Court's signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (sdi)
July 31, 2014	Filing 770 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Harvinder S. Anand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9953912. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Anand, Harvinder) Modified on 8/1/2014 (sdi).
July 8, 2014	Filing 769 NOTICE OF CHANGE OF ADDRESS by Mariana L. Aguilar on behalf of All Plaintiffs. New Address: Amusement Industry, Inc., 520 W. Willow Street, Long Beach, California, 90806, (310) 639-7130. (Aguilar, Mariana)
June 30, 2014	Filing 768 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/30/2014 re: On behalf of the parties in Stern, I therefore respectfully request that the Court allow the deposition of Stephen Friedman to occur after the current discovery cutoff of June 30, 2014 and that it modify the existing schedule in Stern as follows: Opening Expert Reports: 8/22/14; Rebuttal Expert Reports: 10/10/14; Expert Depositions Cutoff: 11/21/2014; Pre-Motion Letter for Dispositive Motions: 11/21/14. ENDORSEMENT: Granted. SO ORDERED., ( Deposition due by 11/21/2014., Motions due by 11/21/2014.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/30/2014) (ama)
June 16, 2014	Filing 767 DECLARATION of THOMAS M. WOOD, IV in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Rakower, Michael)
June 16, 2014	Filing 766 DECLARATION of CRAIG H. MISSAKIAN in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Rakower, Michael)
June 16, 2014	Filing 765 REPLY MEMORANDUM OF LAW in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Rakower, Michael)
May 30, 2014	Filing 764 MEMORANDUM OF LAW in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Stephen Friedman. (Chu, Justin)
May 30, 2014	Filing 763 DECLARATION of David F. Bayne in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Joseph, Gregory)
May 30, 2014	Filing 762 DECLARATION of Jeffrey H. Zaiger in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Joseph, Gregory)
May 30, 2014	Filing 761 MEMORANDUM OF LAW in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Joseph, Gregory)
May 9, 2014	Filing 760 STIPULATION AND ORDER FOR THE SUBSTITUTION OF COUNSEL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that upon leave of the Court being granted pursuant to S.D.N.Y. Local Civil Rule 1.4, Joseph Hage Aaronson LLC be substituted as attorneys of record for Buchanan in the above-captioned matter in place of Akerman as of the date hereof. It is also ORDERED that this Court retains jurisdiction with respect to any application made by any party relating to the conduct of the outgoing attorneys during the time they served as counsel for any party in this case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/09/2014) (ama)
May 9, 2014	Filing 759 DECLARATION of Mariana Aguilar in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Amusement Industry, Inc.(a California Corporation), Pratical Finance Co., Inc.. (Attachments: #1 Exhibit A-Proposed Fourth Amended Complaint; Demand for Jury Trial, #2 Exhibit B-Proposed Summons for Plaintiffs' Proposed Fourth Amended Complaint; Demand for Jury Trial)(Wood, Thomas)
May 9, 2014	Filing 758 DECLARATION of Thomas M. Wood, IV in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Joshua Safrin, Joshua Safrin. (Attachments: #1 Exhibit A Proposed Fourth Amended Third Party Complaint, #2 Exhibit B-Proposed Answer to Fourth Amended Complaint, Affirmative Defenses, Crossclaims and Demand for Jury Trial, #3 Exhibit C-Proposed Summons for Stephen Stern, #4 Exhibit D-Proposed Summons for The Hoffinger Firm)(Wood, Thomas)
May 9, 2014	Filing 757 DECLARATION of Michael C. Rakower in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Avery Egert. (Attachments: #1 Exhibit Proposed Answer to Proposed Fourth Amended Complaint -- Clean (1-A) and Tracked (1-B), #2 Exhibit Proposed Summons to Hoffinger Firm, #3 Exhibit Proposed Summons to Stephen R. Stern)(Rakower, Michael)
May 9, 2014	Filing 756 JOINT MEMORANDUM OF LAW in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Wood, Thomas)
May 9, 2014	Filing 755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . Document filed by Amusement Industry, Inc.(a California Corporation), Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC.(Wood, Thomas)
May 9, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Thomas Moss Wood to RE-FILE Document #753 Declaration in Support of Motion, #752 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
May 9, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Thomas Moss Wood to RE-FILE Document #751 JOINT MOTION to Amend/Correct Their Pleadings. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
May 9, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael C. Rakower to RE-FILE Document #754 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
May 8, 2014	Filing 754 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael C. Rakower in Support re: #751 JOINT MOTION to Amend/Correct Their Pleadings.. Document filed by Avery Egert. (Attachments: #1 Exhibit Proposed Answer to Proposed Fourth Amended Complaint -- Clean (1-A) and Tracked (1-B), #2 Exhibit Proposed Summons to Hoffinger Firm, #3 Exhibit Proposed Summons to Stephen R. Stern)(Rakower, Michael) Modified on 5/9/2014 (db).
May 8, 2014	Filing 753 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mariana Aguilar in Support re: #751 JOINT MOTION to Amend/Correct Their Pleadings.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit A- Proposed Fourth Amended Complaint, #2 Exhibit B- Proposed summons)(Wood, Thomas) Modified on 5/9/2014 (db).
May 8, 2014	Filing 752 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas M. Wood in Support re: #751 JOINT MOTION to Amend/Correct Their Pleadings.. Document filed by Joshua Safrin, Joshua Safrin(an individual). (Attachments: #1 Exhibit A-Proposed Fourth Amended Third Party Complaint, #2 Exhibit B-Proposed Answer, Affirmative Defenses and Cross Claims, #3 Exhibit C - Summons, #4 Errata D - Summons)(Wood, Thomas) Modified on 5/9/2014 (db).
May 8, 2014	Filing 751 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION to Amend/Correct Their Pleadings. Document filed by Amusement Industry, Inc., Avery Egert, Pratical Finance Co., Inc.(a California corporation), Joshua Safrin(an individual), The Safrin Group, LLC. (Attachments: #1 Memorandum)(Wood, Thomas) Modified on 5/9/2014 (db).
May 7, 2014	Filing 750 ORDER: With respect to the letter from Joshua Safrin and other parties dated May 6, 2014, the pre-motion conference requirement for the proposed motion to amend is waived. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/07/2014) (ama)
May 2, 2014	Filing 749 CERTIFICATE OF SERVICE of ECF Nos. 744-748 served on Mark Stern, Ephraim Frenkel on 05/02/2014. Service was made by MAIL. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Solomon, Courtney)
May 2, 2014	Filing 748 DECLARATION of Courtney A. Solomon Local Civil Rule 1.4 Declaration in Support of Proposed Order for Substitution of Counsel. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Appendix Stipulation and [Proposed] Order for Substitution of Counsel)(Solomon, Courtney)
May 2, 2014	Filing 747 NOTICE OF APPEARANCE by Courtney Alyssa Solomon on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Solomon, Courtney)
May 2, 2014	Filing 746 NOTICE OF APPEARANCE by Jeffrey Harrison Zaiger on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Zaiger, Jeffrey)
May 2, 2014	Filing 745 NOTICE OF APPEARANCE by Douglas J. Pepe on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Pepe, Douglas)
May 2, 2014	Filing 744 NOTICE OF APPEARANCE by Gregory P. Joseph on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Joseph, Gregory)
April 15, 2014	Filing 743 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 03/27/2014 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...(ca)
April 15, 2014	Filing 742 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 3/27/2014 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 5/9/2014. Redacted Transcript Deadline set for 5/19/2014. Release of Transcript Restriction set for 7/17/2014.(ca) (Main Document 742 replaced on 4/15/2014) (ca).
March 28, 2014	Filing 741 AMENDED SCHEDULES: Deposition due by 10/17/2014. Discovery due by 6/30/2014. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/27/2014) (kgo) Modified on 3/28/2014 (kgo).
March 27, 2014	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 3/27/2014. Discovery orders issued. See transcript. (Gonzalez, Sylvia)
March 21, 2014	Filing 740 ORDER: A telephone conference to discuss the discovery dispute raised in the letter dated March 20,2014, will take place on Thursday, March 27, 2014 at 9:45 a.m. A responsive letter should be submitted in accordance with paragraph 2.A of this Court's Individual Practices. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. And as set forth herein. SO ORDERED. ( Telephone Conference set for 3/27/2014 at 09:45 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/21/2014) (ama)
March 17, 2014	Filing 739 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 3/14/2014 re: I am writing to request that the Court lift the stay on discovery and adopt a new schedule of dates. I will propose a schedule to the other parties within the next week. I will then either submit the proposed schedule to the Court for its approval or report back that the parties could not agree and request a status conference to obtain the Court's help. ENDORSEMENT: If you can't agree, all parties should submit competing schedules with explanations by letter on or before March 25, 2014, (plaintiff to send copies of all Court orders to pro se defendants) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/14/2014) (ama)
February 24, 2014	Filing 738 ORDER PURSUANT TO FED. R. EVID. 502(d): Disclosure to other parties by Mark Stern and First Republic Group Corp. of the material described in the attached stipulation shall not be deemed to result in any waiver of privilege or protection. See Fed. R. Civ. P. 502(d) (no waiver in either Federal or State court). In addition, such disclosure shall not be deemed to waive any legally permissible objection. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/24/2014) (ama)
January 28, 2014	Filing 737 ORDER: The stay of discovery is continued as to all three cases until March 10, 2014. This shall not prevent the parties from scheduling depositions in these cases to begin on or after March 24, 2014. All parties shall cooperate fully in the scheduling of any depositions. Any disputes about scheduling may be brought to the Court's attention notwithstanding the stay. Plaintiffs are responsible for ensuring that all pro se defendants are sent a copy of this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2014) (lmb)
December 11, 2013	Filing 736 STIPULATION AND CONSENT OF MARK STERN, FIRST REPUBLIC GROUP CORP., MIDLAND AVENUE ASSOCIATES, LLC AND SME INTERNATIONAL ASSOCIATES, INC. TO RELIEVING AS THEIR COUNSEL THE LAW OFFICES OF STEPHEN R. STERN, P.C. AND IT'S ATTORNEYS: NOW, THEREFORE, it is agreed by and between the Parties and the Law Offices of Stephen R. Stem, P.C. as follows: The Parties consent to the withdrawal of the Law Offices of Stephen R. Stern, P.C. as counsel for the parties. Moses Stern, aka Mark Stern, will appear pro se or will retain new counsel; his contact information follows: Mark Stern, 35 Ramsen Avenue, Monsey, New York 10952; 212-203-2333; email address: mstern109@gmail.com. The entities First Republic Group Corp., Midland Avenue Associates, LLC and SME International Associates, Inc. are aware of their obligation to appear by counsel and are aware of the possibility of default judgments being taken in the event any or all of them fail to retain counsel. Mark Stern, on behalf of himself and the entities First Republic Group Corp., Midland Avenue Associates, LLC and SME International Associates, Inc. will arrange to pick up files relating to the case by no later than December 30, 2013. Stephen R. Stern and Mark W. Geisler are relieved as counsel for all parties for whom they have appeared with the exception of their appearance on behalf of Stephen Stern in 10 Civ. 5064. The Clerk is requested to terminate their appearances on the docket sheet with respect to all parties except Stephen Stern. Mr, Moses (Mark) Stern shall proceed pro se. The Clerk is requested to note his contact information (in paragraph 2 above) on the docket sheets. Mr. Moses (Mark) Stern must immediately inform the Court and all other parties or counsel of any change in his email, street address or telephone number. This Court retains jurisdiction with respect to any application made by any party relating to the conduct of Mr. Stephen R. Stern or Mr. Mark W. Geisler during the time they served as counsel for any party in this case. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2013) (rsh)
December 6, 2013	Filing 735 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 12/5/2013 re: This firm is counsel for defendants Moses (Mark) Stern and First Republic Group Corp. Enclosed is a courtesy copy of the Stipulation and Consent of Mark Stern, First Republic Group Corp., Midland A venue Associates, LLC and SME International Associates, Inc. to Relieving as Their Counsel the Law Offices of Stephen R. Stern, P.C. and Its Attorneys. ENDORSEMENT: The hearing will proceed as scheduled on December 11, 2013 at 9:30 a.m. The Court will decide at that time whether it will sign the stipulation. Any party objecting to the relief sought in the stipulation shall send a letter to the Court by Tuesday, December 10 at 12:00 noon so stating. Mr. Moses Stern must attend the December 11 hearing either personally or by telephone. All individuals attending in person should arrive early so that the conference may begin promptly at 9:30. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/5/2013) (rsh)
December 6, 2013	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Mark W. Geisler to E-MAIL Document No. #734 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
December 4, 2013	Filing 734 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE to Motion re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Stipulation and Consent of Mark Stern and First Republic Group Corp. to withdrawal of counsel. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark) Modified on 12/6/2013 (db).
November 26, 2013	Filing 733 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/26/2013 re: Amusement respectfully requests that the dates ordered by the Court on August 20, 2013 in Docket Nos. 708, 118, and 105 be vacated and that a status conference be set for February 5, 2014 or another day that week for the purpose of reporting to the Court on the outcome of the mediation and selecting new dates to the extent necessary. ENDORSEMENT: Discovery is stayed in all three cases. Plaintiffs counsel shall report on the case status by letter on or before February 5, 2014. A conference will be set thereafter if appropriate or desired by the parties. This Order does not affect the motion to withdraw, which remains scheduled for a hearing on December 11, 2013, at 9:30 a.m. and with respect to which supplemental papers are due December 3, 2013. As usual, plaintiff's counsel is responsible for transmitting this Order to all pro-se parties. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/26/2013) (rsh)
November 21, 2013	Filing 732 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/20/2013 re: Counsel for Amusement respectfully requests that the dates ordered by the Court on August 20, 2013 in Docket #'s 708, 118, and 105 be vacated and that a status conference be set for February 5, 2014 or another day that week. ENDORSEMENT: Inasmuch as this is tantamount to a request for an extension, the Court believes that compliance with paragraph 1.E(4) of this Court's Individual Practices as to all defendants is particularly important. Plaintiff should send a new letter with this information. If there are multiple differing responses, the use of a chart/grid may be helpful. If a defendant refuses to confer after reasonable attempts, plaintiff may so state in the letter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/20/2013) (rsh)
November 8, 2013	Filing 731 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 11/7/2013 re: Counsel for Moses (Mark) Stern and First Republic Group, Corp. respectfully requests the hearing the motions be adjourned to December 11, 2013 with any supplemental papers to be filed by December 3, 2013. ENDORSEMENT: Hearing on the motion for December 11, 2013 at 9:30 a.m. in Courtroom 6-B. SO ORDERED. (Motion Hearing set for 12/11/2013 at 09:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/8/2013) (rsh)
November 6, 2013	Filing 730 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/5/2013 re: Counsel for Amusement Industry, Inc. and Practical Finance Co., Inc., and Steven Alevy(d/b/a Bankers Capital Realty Advisors) respectfully requests that you order the withdrawal of Thomas Kao, Allen Sragow and Lauren Eade. Ms. Eade and Mr. Kao no longer work for Amusement and Mr. Sragow has moved his practice out of state and will not take part in the cases moving forward. ENDORSEMENT: Granted. Attorney Allen Phillip Sragow; Lauren D. Eade and Thomas H. Kao terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/6/2013) (rsh).
October 28, 2013	Filing 729 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION TO WITHDRAW proceeding held on 10/17/2013 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...(ca)
October 28, 2013	Filing 728 TRANSCRIPT of Proceedings re: MOTION TO WITHDRAW held on 10/17/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 11/21/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 1/29/2014.(ca)
October 23, 2013	Filing 726 NOTICE of Substitution of Attorney. Old Attorney: Hoffinger Stern & Ross, LLP, New Attorney: Law Offices of Stephen R. Stern, P.C., Address: Law Offices of Stephen R. Stern, P.C., 445 Broad Hollow Road, Suite 124, Melville, New York, 11747, 631-393-2600. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
October 22, 2013	Filing 727 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 10/22/2013 re: Counsel for defendants Moses(Mark) Stern and First Republic Group Corp. respectfully request the motions be adjourned to November 15, 2013 with any supplemental papers to be filed by November 8, 2013. ENDORSEMENT: Mr. Stern: Please use correct docket #'s in the future. The hearing on the motions will be adjourned to November 15, 2013 at 9:30 a.m. in Courtroom 6-B. SO ORDERED. Set Deadlines/Hearing as to (714 in 1:07-cv-11586-LAK-GWG) MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.., (126 in 1:10-cv-05064-LAK-GWG) MOTION to Withdraw as Attorney for Moses (Mark) Stern, Midland Avenue Associates, LLC, SME International Associates, Inc. and Frst Republic Group Corp.. MOTION to Withdraw as Attorney for Moses (Mark) Stern, Midland Avenue Associates, LLC, SME International Associates, Inc. and Frst Republic Group Corp.. :( Motion Hearing set for 11/15/2013 at 09:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/22/2013) (rsh)
October 17, 2013	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 10/17/2013. (sc)
October 16, 2013	Filing 725 AFFIDAVIT OF SERVICE of Reply Declarations (ECF Nos 723, 724) served on Mark Stern, First Republic Group Corp., Ephraim Frenkel on october 16, 2013. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
October 16, 2013	Filing 724 REPLY AFFIRMATION of Mark W. Geisler in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A)(Geisler, Mark)
October 16, 2013	Filing 723 REPLY AFFIRMATION of Stephen R. Stern in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B)(Geisler, Mark)
October 11, 2013	Filing 722 DECLARATION of Thomas M. Wood, IV in Opposition re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Wood, Thomas)
October 9, 2013	Filing 721 MEMORANDUM OF LAW in Opposition re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by Joshua Safrin. (Wood, Thomas)
October 9, 2013	Filing 720 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas M. Wood, IV in Opposition re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Wood, Thomas) Modified on 10/17/2013 (ka).
October 9, 2013	Filing 719 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration, Memorandum of Law, Order (ECF 711) served on First Republic Group Corp. on 10/01/2013. Service was accepted by Mr. Stern. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
October 9, 2013	Filing 718 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration, Memorandum of Law, Order [ECF 711] on 10/01/2013. Service was accepted by "Mr. Stern, co-occupant". Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
October 1, 2013	Filing 717 CERTIFICATE OF SERVICE of Notice of Motion, Declaration, Memo of Law, Order (ECF 711) on 9/25/13, 9/26/13. Service was made by Mail. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
September 27, 2013	Filing 716 MEMORANDUM OF LAW in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
September 27, 2013	Filing 715 DECLARATION in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
September 27, 2013	Filing 714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. Return Date set for 10/17/2013 at 10:00 AM.(Geisler, Mark)
September 27, 2013	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark W. Geisler to RE-FILE Document #712 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. ERROR(S): Supporting Doucments are filed separately, each receiving their own document #. (db)
September 27, 2013	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark W. Geisler to RE-FILE Document #713 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
September 26, 2013	Filing 713 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #712 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark) Modified on 9/27/2013 (db).
September 26, 2013	Filing 712 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. Return Date set for 10/17/2013 at 10:00 AM. (Attachments: #1 Affidavit)(Geisler, Mark) Modified on 9/27/2013 (db).
September 23, 2013	Filing 711 ORDER: Stephen Stern, counsel for defendants Moses (Mark) Stern, First Republic Group Corp., Midland A venue Associates, LLC and SME International Associates, Inc., has sent a letter to the Court dated September 23, 2013, on behalf of himself and Mark Geisler, Esq., seeking to be relieved as counsel for these defendants. The Court orders as follows: Counsel shall file the proposed motion, including a declaration and memorandum of law, on or before September 27, 2013, with the ECF system. A copy shall be delivered to defendant Moses (Mark) Stern and any other known principal of the corporate defendants on or before October 1, 2013. Copies shall also be sent to any pro se defendants. Any party wishing to oppose this motion shall file papers by October 9, 2013, or send a letter to the Court for receipt by October 9, 2013. A hearing on the motion will take place in Courtroom 6-B, 500 Pearl Street, on Thursday, October 17, 2013, at 10:00 a.m. Please be sure to arrive early so that the hearing may begin on time. Mr. Moses (Mark) Stem and either Mr. Stephen Stem or Mr. Geisler must attend this hearing. In addition, a representative of each of the corporate defendants--- that is, First Republic Group Corp., Midland A venue Associates, LLC and SME International Associates, Inc. - with authority to engage counsel must also attend this hearing, unless a new attorney has filed a notice of appearance on their behalf prior to that date. Other parties are not required to attend (and may attend by telephone in accordance with the Court's Standing Order). Mr. Stephen Stem shall serve a copy of this Order on defendant Moses (Mark) Stem and any other known principal of the corporate defendants for receipt on or before October 1, 2013. Mr. Stephen Stem or someone acting at his direction shall thereafter confirm with Moses (Mark) Stem and an appropriate representative of the corporate defendants by telephone, email, mail and/or any other means necessary, that the motion papers and the copy of this Order were actually received by his clients and that Mr. Moses (Mark) Stem and any other corporate principal are aware that they must attend the hearing on October 17, 2013, unless a new attorney files a notice of appearance prior to that date. Mr. Stephen Stem shall file an affidavit with the Court on or before October 9, 2013, indicating that he has complied with paragraphs 1 and 5 of this Order. The Court notes that the corporate defendants must engage counsel in this matter. If the motion to withdraw is granted, defendants First Republic Group Corp., Midland Avenue Associates, LLC and SME International Associates, Inc. will be deemed to be in default inasmuch as a corporation may only be represented by an attorney and thus cannot proceed pro se. Any party will then be able to obtain a default judgment against these defendants. (Motions due by 9/27/2013., Responses due by 10/9/2013) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/23/2013) (rsh)
September 23, 2013	Set/Reset Deadlines as to Motion Hearing set for 10/17/2013 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (rsh)
September 3, 2013	Filing 710 NOTICE OF CHANGE OF ADDRESS by Mark W. Geisler on behalf of First Republic Group Corp., Moses Stern. New Address: Law Offices of Stephen R. Stern, P.C., 445 Broad Hollow Rd., Suite 124, Melville, New York, USA 11747, 631-393-2600. (Geisler, Mark)
September 3, 2013	Filing 709 NOTICE OF CHANGE OF ADDRESS by Stephen R. Stern on behalf of First Republic Group Corp., Moses Stern. New Address: Law Offices of Stephen R. Stern, P.C., 445 Broad Hollow Rd, Suite 124, Melville, New York, USA 11747, 631-393-2600. (Stern, Stephen)
August 20, 2013	Filing 708 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 8/19/2013 re: Plaintiff respectfully requests that the Court adopt the schedules stated below: Amusement v. Mark Stern, et al., Case No. 07 CV 11586: Discovery Cutoff (crime fraud, logs, and flash drive)- 2/18/14, Expert Disclosure and Reports - 3/26/14, Rebuttal Expert Reports - 5/30/14, Expert Deposition Cutoff - 7/11/14, and Pre-Motion Letters for Dispositive Motions - 8/15/14. Amusement v. Midland Avenue Associates, et al., Case No. 10 CV 5064 and Amusement v. Buchanan Ingersoll & Rooney, et al, Case No. 11 CV 4416: Discovery Cutoff - 6/16/14, Expert Disclosure and Reports - 7/22/14, Rebuttal Expert Reports - 9/30/14, Expert Deposition Cutoff - 10/28/14, and Pre-Motion Letters for Dispositive Motions - 11/25/14. ENDORSEMENT: Granted. (Deposition due by 7/11/2014., Discovery due by 2/18/2014.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2013) (rsh)
July 31, 2013	Filing 707 ORDER: The Court is in receipt of letters dated July 25, 2013, regarding settlement. The Court disagrees with Mr. Maloney's suggestion that, because such conferences may include ex parte communications, it is inappropriate for a judge to conduct a settlement conference. Indeed, such conferences occur on a daily basis in this Courthouse and elsewhere. Most parties are desirous to hear views on the case from the perspective of a presiding judge. This Court holds such conferences regularly and, in the Court's belief, communications made during the course of these conferences have never had an effect on the Court's rulings. That being said, the Court is loath to require a party to participate in a settlement process where that party harbors doubts, however unfounded, about that process's fairness. This is particularly true when discovery, with its attendant disputes, has not yet concluded. Accordingly, the Court will not require the parties to appear for a settlement conference at this time. If the parties make a joint request for the Court to appoint a trained mediator from the Southern District's mediation program, the Court will do so. Otherwise, the Court will revisit the issue with the parties at the conclusion of the discovery period. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2013) (rsh)
June 28, 2013	Filing 706 ORDER PURSUANT TO FED. R. EVID. 502(d): Disclosure to other parties by Mark Stem and First Republic Group Corp. of the material described in the attached stipulation shall not be deemed to result in any waiver of privilege or protection. See Fed. R. Civ. P. 502(d) (no waiver in either Federal or State court). In addition, such disclosure shall not be deemed to waive any legally permissible objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/28/2013) (lmb)
June 17, 2013	Filing 705 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/14/2013 re: By endorsed letter on April 29, 2013, the Court set a deadline of June 17, 2013 for Amusement Industry, Inc. to file a pre-motion letter to compel production of documents listed on various privilege logs done in this case. I write to request that the current June 17, 2013 deadline be vacated with the expectation that a deadline for the motion compel, if one is necessary, will be included in the revised schedule that plaintiff is preparing for each of the three cases. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/17/2013) (lmb)
June 10, 2013	Filing 704 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/23/2013 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...(sdi)
June 10, 2013	Filing 703 TRANSCRIPT of Proceedings re: Conference held on 5/23/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 7/8/2013. Redacted Transcript Deadline set for 7/15/2013. Release of Transcript Restriction set for 9/12/2013.(sdi)
May 23, 2013	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 5/23/2013. (ft)
May 16, 2013	Filing 702 NOTICE OF CHANGE OF ADDRESS by Steven Mark Cordero, Sr on behalf of Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 666 Fifth Avenue, New York, New York, USA 10103, 212-880-3800. (Cordero, Steven)
May 16, 2013	Filing 701 NOTICE OF CHANGE OF ADDRESS by David Forbes Bayne on behalf of Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 666 Fifth Avenue, New York, New York, USA 10103, 212-880-3800. (Bayne, David)
May 16, 2013	Filing 700 NOTICE OF CHANGE OF ADDRESS by James Joseph Maloney on behalf of Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 666 Fifth Avenue, New York, New York, USA 10103, 212-880-3800. (Maloney, James)
May 7, 2013	Filing 699 ORDER: A conference is scheduled in the above matters for Thursday, May 23, 2013, at 10:00 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. At the conference, the Court expects the parties to be prepared to identify what discovery remains in each case and a reasonable timetable for conducting that discovery. Parties should arrive earlyso that the conference may begin promptly at 10:00 a.m.. The Court notes that it expected that the additional production in the 07 Civ. 11586 case resulting from the disposition of the crime/fraud motion (decided nearly three months ago)would have been completed long before now. Accordingly, any party who has not yet produced documents required by that decision shall provide a letter to the Court on or before May 17, 2013, that explains in detail what efforts have been made to comply with the Court's decision and what impediments there are to completing the production on an expedited basis. The party should also identify specifically the nature of personnel and resources that have been used andwill be used to make the production. Status Conference set for 5/23/2013 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/2013) (rdz)
May 1, 2013	Filing 698 NOTICE OF CHANGE OF ADDRESS by Michael C. Rakower on behalf of Avery Egert, Avrahom Egert, The Safrin Group, LLC. New Address: Rakower Lupkin PLLC, 488 Madison Avenue, 18th Floor, New York, NY, United States 10022, 2126605552. (Rakower, Michael)
April 30, 2013	Filing 697 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 4/17/2013 re: Counsel requests the extension of two upcoming deadlines, one to file plaintiff's pre-motion letter concerning disputes over privilege logs and the other concerning disclosure of expert reports and other expert related deadlines. The due date for the disclosure of the identities and reports of experts, if any, as required by rule 26(a)(2)(A) and (B) shall be extended from 5/6/2013 to 7/9/2013. The due date for the disclosure of the identities and reports of rebuttal experts shall be extended from 7/15/2013 to 9/13/2013. The due dates for the completion of expert witness depositions shall be extended from 8/12/2013 to 10/11/2013. ENDORSEMENT: Granted. (Deposition due by 10/11/2013.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/2013) (tro)
April 19, 2013	Filing 696 STIPULATION AND CONSENT TO SUBSTITUTION OF COUNSEL: that the firm of Akerman Senterfitt LLP, 335 Madison Avenue, New York, NY 10017, be substituted as attorneys of record for Third Party Defendant/Fourth Party Plaintiff Buchanan Ingersoll & Rooney PC, in place and stead of Kavanagh Maloney & Osnato LLP, 415 Madison Avenue, New York, NY 10017. The same attorneys previously at Kavanagh Maloney will continue to represent Buchanan Ingersoll & Rooney PC at the new firm of Akerman Senterfitt LLP. IT IS ORDERED that the firm of Akerman Senterfitt LLP become, and hereby is, substituted as counsel for Buchanan Ingersoll & Rooney PC in this action. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/18/2013) (pl) Modified on 4/19/2013 (pl).
April 8, 2013	Filing 695 ORDER: that the Court is in receipt of a letter dated April 5, 2013 seeking clarification of the Court's February 22, 2013 Opinion and Order. It was the Court's conclusion that Moses ("Mark") Stern has relinquished any attorney-client privilege or work production protection for materials concerning the four topic areas listed in the Opinion and Order. Thus, materials concerning these topic areas that are being withheld on the basis of a privilege or protection belonging to Stem must be produced regardless of who were the parties to the communications contained in those materials. Accordingly, the Court grants plaintiffs request that the Opinion and Order be clarified as stated in the last paragraph of the April 5, 2013 letter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/5/2013) (pl)
April 2, 2013	Filing 694 NOTICE OF CHANGE OF ADDRESS by James Joseph Maloney on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 335 Madison Avenue, New York, New York, USA 10017, 212-880-3800. (Maloney, James)
April 2, 2013	Filing 693 NOTICE OF CHANGE OF ADDRESS by David Forbes Bayne on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 335 Madison Avenue, New York, New York, USA 10017, 212-880-3800. (Bayne, David)
April 2, 2013	Filing 692 NOTICE OF CHANGE OF ADDRESS by Steven Mark Cordero, Sr on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 335 Madison Avenue, New York, New York, USA 10017, 212-880-3800. (Cordero, Steven)
April 1, 2013	Filing 691 RESPONSE re: #497 Amended Answer to Third Party Complaint, Crossclaim, Counterclaim,,,. Document filed by Stephen Friedman. (Chu, Justin)
March 25, 2013	Filing 690 ANSWER to #497 Crossclaim. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)
March 6, 2013	Filing 689 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 3/5/2013 re: Amusement respectfully requests permission to serve the attached subpoena for Stephen Friedman's personal banking records, as those records appear to be the only means of determining the true nature of $250,000 that Mark Stern transferred to Friedman. ENDORSEMENT: Application denied for failure to comply with Paragraph 2.A of this Court's Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/5/2013) (sac)
February 15, 2013	Filing 688 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 2/14/2013 re: I respectfully request that the deadline for the pre-motion letter relating to the privilege logs be extended from February 18, 2013 to April 19, 2013 (an additional 60 days). ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/15/2013). (rjm)
February 11, 2013	Filing 687 OPINION AND ORDER #102899 re: #649 MOTION to Compel filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc. Plaintiffs motion to compel based on the applicability of the crime-fraud exception (Docket # 649) is granted to the extent discussed herein. Any communication between Stern and Buchanan Ingersoll & Rooney, P.C.; Herrick, Feinstein LLP; or Hoffinger Stern and Ross, LLP concerning (1) Stern's efforts to obtain financing from J.P. Morgan; (2) Stern's efforts to obtain financing from Citigroup; (3) Stern's acquisition and use of Amusement's $13 million; or (4) Stern's efforts to obtain financing from Petra at the time the transactions were being undertaken are deemed unprotected by the attorney-client privilege and the work product doctrine. The parties are directed to produce forthwith all unprotected documents previously withheld. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/11/2013) (mro) Modified on 2/13/2013 (rsh).
January 29, 2013	Filing 686 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 1/24/2013 re: Accordingly. Amusement respectfully requests that the Court vacate the current schedule of dates until all outstanding fact discovery issues are resolved? In the interim, Amusement proposes that the Court set a status conference in 60 days. By that time, the parties should know what outstanding discovery issues remain and will also have a better idea of when the remaining crime-fraud depositions will be completed. ENDORSEMENT: The existing discovery deadlines are each extended by 90 days. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2013) (js) Modified on 1/31/2013 (js).
January 25, 2013	Filing 685 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/16/2013 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...(tro)
January 25, 2013	Filing 684 TRANSCRIPT of Proceedings re: conference held on 1/16/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/29/2013.(tro)
January 25, 2013	Filing 683 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/2/2013 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...(tro)
January 25, 2013	Filing 682 TRANSCRIPT of Proceedings re: conference held on 1/2/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/29/2013.(tro)
January 18, 2013	Filing 681 ORDER: The Court hereby ORDERS that the subpoenas are modified such that the subpoenaed parties are to respond as follows: (1) As to Cathedral Parkway Apartments Corp., it shall provide to plaintiffs' counsel a copy of any documents in its possession that were presented or signed at the closing with respect to the purchase in 2007 by Stephen Friedman of the shares pertaining to Apartment 8G, 535 West 110th Street. (2) As to Marsid Realty Co., it shall provide (a) a copy of any document relating to or evidencing a loan (including but not limited to a loan agreement) between itself and Stephen Friedman with the following limitation as to date: documents that relate to or evidence loans for which a proceeds were paid, or for which an obligation existed or was created in calendar year 2007; and (b) a copy of any records of repayment of such loan or loans (regardless of the date). The Court assumes that the parties can agree to a reasonable schedule for the production of these documents. Counsel for plaintiffs shall ensure that the subpoenaed parties are made aware of the instant Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/18/2013) (ft) Modified on 1/22/2013 (ft).
January 16, 2013	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 1/16/2013. Deposition of Esther Stern to be held on March 6 and 7, 2013, unless otherwise agreed to by the parties. (js)
January 7, 2013	Filing 680 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Justin Y.K. Chu dated 1/4/2013 re: Your Honor at the conference on January 2, 2013 narrowed plaintiff Amusement's subpoenas to Cathedral Parkway Apartments Corp. and Marsid Realty Co. but allowed certain documents sought. Your Honor further directed that Stephen Friedman produce those documents allowed by the Court or advise the parties whether he has those documents by today before directing Cathedral Parkway and Mrasid to produce the documents. Mr. Friedman has been attempting to locate such documents but, given the very short time frame provided by the Court, he has not been to locate the documents or ascertain what he has. We therefore request the Court to extend the deadline from today to Wednesday, January 9, 2013. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/4/2013) (lmb) Modified on 1/9/2013 (lmb).
January 4, 2013	Filing 679 ORDER: A conference to discuss the application contained in plaintiff's letter dated December 21, 2012 will be held in Courtroom 17-A, 500 Pearl Street, New York, New York on January 16, 2013 at 11:00 a.m. (at the same time as the conference previously scheduled with respect to plaintiffs' application as to Esther Stern). Only parties submitting letters as to plaintiffs' applications are required to attend this conference. ( Status Conference set for 1/16/2013 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/4/2013) (mro)
January 3, 2013	Filing 678 ORDER: A conference to discuss the application discussed in plaintiff's letter dated December 7, 2012 will be held in Courtroom 17-A, 500 Pearl Street, New York, New York on January 16, 2013 at 11:00 a.m. Ms. Esther Stern shall attend this conference. ( Status Conference set for 1/16/2013 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/2/2013) Copies Sent By Chambers. (ja)
January 2, 2013	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 1/2/2013. (cd)
December 21, 2012	Filing 677 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 12/19/2012 re: Accordingly, I am writing to ask that Amusement be allowed to submit its pre-motion letter regarding the privilege logs within one week after date on which the crime-fraud motion is decided and then, if permission is granted, to file a motion to compel on a schedule set by the Court at that time. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/21/2012) (djc)
December 17, 2012	Filing 676 ORDER: A conference to discuss the application discussed in plaintiff's letter dated December 7, 2012 will be held in Courtroom 17-A, 500 Pearl Street, New York, New York on January 2, 2013 at 3:45 p.m. Ms. Esther Stern shall attend this conference. If Ms. Stern does not have a copy of the December 7, 2012 letter, she shall telephone Mr. Missakian promptly at (310)861-4699 to obtain a copy. The Court notes that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York (212) 805-0175 may be of assistance to pro se litigants in connection with court procedures. SO ORDERED.( Status Conference set for 1/2/2013 at 03:45 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/17/2012) Copies Sent By Chambers. (ama)
December 4, 2012	Filing 675 DECLARATION of Stephen S. Friedman in Opposition re: #649 MOTION to Compel.. Document filed by Stephen Friedman. (Chu, Justin)
November 27, 2012	Filing 674 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sragow, Allen)
November 27, 2012	Filing 673 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/19/2012 re: Counsel for plaintiff requests permission to file the accompanying Supplemental Memorandum in Support of Motion to Compel. ENDORSEMENT: Granted without objection (file it promptly). Any response due by December 4, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/27/2012) (pl)
November 13, 2012	Filing 672 NOTICE OF APPEARANCE by Michael C. Rakower on behalf of Avery Egert, The Safrin Group, LLC (Rakower, Michael)
November 13, 2012	Filing 671 STIPULATION, CONSENT OF SUBSTITUTION OF COUNSEL AND ORDER: that the firm Rakower Lupkin PLLC, be substituted as attorneys of record for Avery Egert and The Safrin Group, LLC, in place and stead of Law Office of Michael C. Rakower, P.C. Michael Rakower will continue to represent Avery Egert and The Safrin Group, LLC at his new firm of Rakower Lupkin PLLC. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/13/2012) (ja)
October 22, 2012	Filing 670 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 5/9/2012 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...(tro)
October 22, 2012	Filing 669 TRANSCRIPT of Proceedings re: telephone conference held on 5/9/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(tro)
October 2, 2012	Filing 668 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 9/28/2012 re: Counsel for the Plaintiffs request a limited 90 day extension of all dates in this case to deal with the below matters. The parties would like an extension of time to move to compel further responses to previously propounded discovery; The due date for the completion of fact discovery shall be extended from 10/1/2012 to 12/31/2012. The due date for the disclosure of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) shall be extended from 11/5/2012 to 2/4/2013. the due date for the disclosure of the identities and reports of rebuttal experts shall be extended from 1/14/2013 to 4/15/2013. The due dates for the completion of expert witness depositions shall be extended from February 11, 2013 to 5/13/2013. The parties shall request a pre-motion conference to file any dispositive motions by 5/27/2013 unless otherwise permitted by the court If no party states an intention to file a dispositive motion, Plaintiffs will supply pretrial materials to Defendants on or before July 29, 2013. The pretrial order shall be filed.30 days thereafter. If, however, a dispositive motion is served. the due date for Plaintiffs: portion of the pretrial order materials shall be extended to 30 days following a decision on the dispositive motion and the pretrial order shall be filed within 30 days thereafter. ENDORSEMENT: Granted. No further extensions absent extraordinary circumstances. So Ordered. ( Deposition due by 5/13/2013. Fact Discovery due by 12/31/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2012) (js)
August 2, 2012	Filing 667 NOTICE of Errata re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 90)(Sragow, Allen)
July 27, 2012	Filing 666 REPLY AFFIDAVIT of John Hofsaess in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 189)(Hofsaess, John)
July 27, 2012	Filing 665 REPLY AFFIDAVIT of John Hofsaess in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 189)(Hofsaess, John)
July 26, 2012	Filing 664 REPLY AFFIDAVIT of John W. Hofsaess in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 185, #2 Exhibit 186, #3 Exhibit 187, #4 Exhibit 188)(Sragow, Allen)
July 26, 2012	Filing 663 REPLY MEMORANDUM OF LAW in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Sragow, Allen)
July 20, 2012	Filing 662 Letter addressed to Magistrate Gabriel W. Gorenstein from Terrence J. Connolly dated 7/19/2012 re: We write to correct the record with regard to the July 18, 2012, letter from John Hofsaess to Your Honor requesting an extension of time to conduct the deposition of non-party witness Delilah Iovino, who is a paralegal of Latham & Watkins. Your Honor has already granted the relief requested by Mr. Hofsaess' letter, so this letter does not require any action by Your Honor. Nonetheless, we find it necessary to correct Mr. Hofsaess' statement in that letter that "[f]or reasons that remain unclear, her attorney (who is also her employer) Latham & Watkins simply refused to produce her on that date, and she did not show up." In light of the fact the Mr. Hofsaess' letter is now part of the public record in this case, Dkt. No. 661, we respectfully request that this letter be uploaded to the docket and become part of the public record. (djc) Modified on 7/23/2012 (djc).
July 19, 2012	Filing 661 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 7/18/2012 re: Amusement requests that it be allowed to take two depositions after August 7 but prior to the fact discovery cutoff date of October 1 that the Court set on June 15, 2012 (Docket Entry No. 599). ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/18/2012) (rjm)
July 11, 2012	Filing 660 AFFIDAVIT of Justin Y.K. Chu in Opposition re: #649 MOTION to Compel.. Document filed by Stephen Friedman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Chu, Justin)
July 11, 2012	Filing 659 MEMORANDUM OF LAW in Opposition re: #649 MOTION to Compel.. Document filed by Stephen Friedman. (Chu, Justin)
July 11, 2012	Filing 658 MEMORANDUM OF LAW in Opposition re: #649 MOTION to Compel.. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
July 11, 2012	Filing 657 DECLARATION of Mark W. Geisler in Opposition re: #649 MOTION to Compel.. Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F-1, #8 Exhibit F-2, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Geisler, Mark)
June 25, 2012	Filing 656 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Mark W Geisler dated 6/22/2012 re: Request to extend briefing schedule as follows. ENDORSEMENT: So Ordered., Set Deadlines/Hearing as to #649 MOTION to Compel. ( Responses due by 7/11/2012, Replies due by 7/26/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/25/2012) (cd)
June 15, 2012	Filing 655 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/15/2012 re: counsel for plaintiff writes that the parties, except for Mark Stern, now renew their request to extend the discovery cutoff and ask that other scheduling dates be extended accordingly. The new dates requested are as follows: The due date for the completion of fact discovery shall be extended from December 30, 2011 to October 1, 2012. The due dates for the completion of expert witness depositions shall be extended from Apri113, 2012 to February 11, 2013. The parties shall request a pre-motion conference to file any dispositive motions by February 25, 2013, unless otherwise permitted by the Court; and If no party states an intention to file a dispositive motion, Plaintiffs will supply pretrial materials to Defendants on or before April 29, 2013. The pretrial order shall be filed 30 days thereafter. Additional deadlines as set forth in this letter. ENDORSEMENT: Granted., ( Deposition due by 2/11/2013., Fact Discovery due by 10/1/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2012) (pl)
June 15, 2012	Filing 654 NOTICE of Errata re: #651 Affidavit in Support of Motion,,,,,,,,,,,, #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 42, #2 Exhibit 83, #3 Exhibit 110, #4 Exhibit 169)(Kao, Thomas)
June 15, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Thomas H. Kao to RE-FILE Document #653 Memorandum of Law in Support of Motion. Use the event type Notice (Other) found under the event list Notices. (db)
June 14, 2012	Filing 653 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #649 MOTION to Compel. Notice of Errata in Motion to Compel. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 42, #2 Exhibit 83, #3 Exhibit 110, #4 Exhibit 169)(Kao, Thomas) Modified on 6/15/2012 (db).
June 6, 2012	Filing 652 SEALED DOCUMENT placed in vault.(nm)
June 6, 2012	Filing 651 AFFIDAVIT of Elissa Koolyk in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 15, #11 Exhibit 19, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 24, #17 Exhibit 25, #18 Exhibit 26, #19 Exhibit 27, #20 Exhibit 29, #21 Exhibit 30, #22 Exhibit 31, #23 Exhibit 33, #24 Exhibit 34, #25 Exhibit 35, #26 Exhibit 36, #27 Exhibit 37, #28 Exhibit 38, #29 Exhibit 39, #30 Exhibit 41, #31 Exhibit 43, #32 Exhibit 45, #33 Exhibit 46, #34 Exhibit 47, #35 Exhibit 50, #36 Exhibit 51, #37 Exhibit 52, #38 Exhibit 53, #39 Exhibit 54, #40 Exhibit 55, #41 Exhibit 56, #42 Exhibit 57, #43 Exhibit 58, #44 Exhibit 59, #45 Exhibit 60, #46 Exhibit 61, #47 Exhibit 62, #48 Exhibit 63, #49 Exhibit 64, #50 Exhibit 65, #51 Exhibit 66, #52 Exhibit 67, #53 Exhibit 68, #54 Exhibit 69, #55 Exhibit 70, #56 Exhibit 71, #57 Exhibit 72, #58 Exhibit 73, #59 Exhibit 74, #60 Exhibit 76, #61 Exhibit 77, #62 Exhibit 80, #63 Exhibit 81, #64 Exhibit 84, #65 Exhibit 85, #66 Exhibit 86, #67 Exhibit 88, #68 Exhibit 89, #69 Exhibit 90, #70 Exhibit 91, #71 Exhibit 92, #72 Exhibit 93, #73 Exhibit 94, #74 Exhibit 96, #75 Exhibit 98, #76 Exhibit 99, #77 Exhibit 100, #78 Exhibit 101, #79 Exhibit 103, #80 Exhibit 104, #81 Exhibit 106, #82 Exhibit 107, #83 Exhibit 108, #84 Exhibit 109, #85 Exhibit 110, #86 Exhibit 111, #87 Exhibit 112, #88 Exhibit 113, #89 Exhibit 114, #90 Exhibit 116, #91 Exhibit 117, #92 Exhibit 118, #93 Exhibit 120, #94 Exhibit 121, #95 Exhibit 122, #96 Exhibit 123, #97 Exhibit 124, #98 Exhibit 125, #99 Exhibit 126, #100 Exhibit 127, #101 Exhibit 128, #102 Exhibit 129, #103 Exhibit 130, #104 Exhibit 131, #105 Exhibit 132, #106 Exhibit 133, #107 Exhibit 134, #108 Exhibit 135, #109 Exhibit 136, #110 Exhibit 137, #111 Exhibit 138, #112 Exhibit 141, #113 Exhibit 142, #114 Exhibit 143, #115 Exhibit 144, #116 Exhibit 145, #117 Exhibit 147, #118 Exhibit 149, #119 Exhibit 150, #120 Exhibit 154, #121 Exhibit 156, #122 Exhibit 159, #123 Exhibit 162, #124 Exhibit 164, #125 Exhibit 165, #126 Exhibit 166, #127 Exhibit 167, #128 Exhibit 169, #129 Exhibit 170, #130 Exhibit 171, #131 Exhibit 172, #132 Exhibit 173, #133 Exhibit 174, #134 Exhibit 175, #135 Exhibit 176, #136 Exhibit 178, #137 Exhibit 179, #138 Exhibit 180, #139 Exhibit 181, #140 Exhibit 182, #141 Exhibit 183, #142 Exhibit 184, #143 Exhibit 49)(Kao, Thomas)
June 6, 2012	Filing 650 MEMORANDUM OF LAW in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Kao, Thomas)
June 6, 2012	Filing 649 MOTION to Compel. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc..(Kao, Thomas)
May 30, 2012	Filing 648 STIPULATION AND CONSENT OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND CONSENTED that the firm of Steptoe & Johnson, LLP, 1114 Avenue of the Americas, New York, New York 10036, be substituted as attorneys of record for Stephen Friedman, in place and stead of McCarter English, LLP, 24 5 Park Avenue, New York, New York 10167. The same attorney previously at McCarter & English will continue to represent Stephen Friedman at his new firm of Steptoe & Johnson, LLP. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/30/2012) (lmb)
May 29, 2012	Filing 647 NOTICE OF APPEARANCE by Justin Y.K. Chu on behalf of Stephen Friedman (Chu, Justin)
May 25, 2012	Filing 646 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Attorney Craig H. Missakian dated May 24, 2012 re: At the May 8, 2012 hearing you ordered that Plaintiff submit its opening brief by May 30, 2012, that any opposition to that motion be filed by June 20, 2012, and that any reply in support of the motion be filed by July 5, 2012. Plaintiff now requests that each of those deadlines be extended one week. ENDORSEMENT: Granted. Please comply with per I.E. of my Individual Practices next time. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2012) (bw); Modified on 5/31/2012 (bw).
May 9, 2012	Filing 645 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/8/2012 re: I am writing to update the court and counsel on our efforts to ensure that the address for Ephraim Frenkel is correct. I spoke today to John Wallenstein, Mr. Frenkel's counsel in USA v. Frenkel. Mr. Wallenstein confirmed that 6747 170th Street, Fresh Meadows, NY 11365 is a valid address for Mr. Frenkel, and that we do not need to use him as a back up for service. Document filed by Amusement Industry, Inc.(a California Corporation).(lmb)
May 8, 2012	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 5/8/2012. The motion on crime/fraud exception is due May 30, 2012, Any response is due by June 20. Reply by July 5. All fact depositions, other than those that await disposition of the crime/fraud exception motion, shall be completed by August 7, 2012, ( Deposition due by 8/7/2012., Motions due by 5/30/2012., Replies due by 7/5/2012., Responses due by 6/20/2012.). (lmb)
May 3, 2012	Filing 644 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/2/2012 re: We are writing to set forth the efforts that we have made to ensure that the address for Ephrahn Frenkel is correct. Document filed by Amusement Industry, Inc.(a California Corporation).(rdz)
April 26, 2012	Filing 643 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 4/25/2012 re: The parties request a telephone conference with the Court to set a new discovery cut-off date and to establish a briefing schedule and hearing date for a motion to compel based on the crime-fraud exception to the attorney-client privilege. ENDORSEMENT: A conference to discuss this matter will take place in Courtroom 17-A, 500 Pearl Street, New York, New York, on Wednesday, May 9, 2012, at 11:00 a.m. Counsel located in New York should appear in person. (See Order dated July 8, 2011 for counsel outside New York.) Counsel for plaintiffs is directed to ensure that all counsel are aware of this Order. Also, counsel for plaintiffs should attempt to inform Mr. Frenkel regarding the proceeding and should set forth in a letter to the Court the efforts that have been made to ensure that the address for Mr. Frenkel on the Order dated January 23, 2012 is correct. From this date forward, plaintiffs are responsible for mailing copies of all Court orders to Mr. Frenkel. The Court notes that Mr. Frenkel never responded to the January 23, 2012 Court Order., ( Status Conference set for 5/9/2012 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/26/2012) (lmb)
January 31, 2012	Filing 642 ORDER: granting #593 Motion to Dismiss, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein, dated December 28, 2011, to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 1/31/2012) (pl) Modified on 1/31/2012 (pl).
January 24, 2012	Filing 641 ORDER: The application of Hoffinger Stem & Ross LLP, and its attorneys, to be relieved as counsel for Ephraim Frenkel and Land Title Associates Agency, LLC is granted.Mr. Frenkel is now prose. Land Title Associates Agency, LLC is deemed in default inasmuch as an artificial entity, such as a limited liability company, may appear in federal court only through a licensed attorney. See Lattanzio v. COMTA 481 F.3d 137, 140 (2d Cir. 2007).Any application for a default judgment against Land Title Associates Agency, LLC, however,should be made after the conclusion of discovery and after the filing of summary judgment motions Mr. Frenkel is directed to provide an email address to the Court and counsel so that papers may be provided to him more easily. In addition, he is directed to confirm his home address and telephone number. Mr. Frenkel shall send a letter to the Court with this information(with a copy to the attorneys for all parties) on or before February 3, 20I2. The Court notes that discovery, including depositions, are proceeding notwithstanding Mr. Frenkel's prose status and he should contact any of the attorneys on this matter to obtain any information about their schedule to the extent he wishes to participate. The Court notes that the Pro Se Office at the United States Courthouse, 500 Pearl Street,Room 230, New York, New York ((212) 805-0175) may be of assistance to prose litigants in connection with court procedures. Copies Mailed by Chambers (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/23/2012) (js) Modified on 1/27/2012 (js).
January 18, 2012	Filing 640 ORDER GRANTING MOLTION FOR ADMISSION OF MARIANA L. AGUILAR, ESQ., PRO HAC VICE: granting #631 Motion for Mariana L. Aguilar to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/18/2012) (jfe)
January 18, 2012	Filing 639 ORDER GRANTING MOTION FOR ADMISSION OF THOMAS H. KAO, ESQ., PRO HAC VICE: granting #632 Motion for Thomas H. Kao to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/17/2012) (jfe)
January 18, 2012	Filing 638 AFFIDAVIT OF SERVICE of Order to Show Cause served on Land Title Associates Agency, LLC, a/k/a Land Title Associates Escrow on 01/12/2012. Service was accepted by Ephraim Frenkel, principal. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
January 18, 2012	Filing 637 AFFIDAVIT OF SERVICE of Order to Show Cause served on Ephraim Frenkel on 01/12/2012. Service was accepted by Ephraim Frenkel, defendant. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
January 12, 2012	Filing 636 CERTIFICATE OF SERVICE of Order to Show Cause, Declaration, Exhibits served on Counsel on 1/11/2012. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
January 12, 2012	Filing 635 DECLARATION of Mark W. Geisler in Support re: #634 Order to Show Cause,,,,,. Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Geisler, Mark)
January 11, 2012	Filing 634 ORDER TO SHOW CAUSE: that service of this Order to Show Cause together with the papers submitted in support thereof, upon Ephraim Frenkel, individually and on behalf of Land Title Associates Escrow, personally, by 1/12/2012 shall be deemed good and sufficient service, with an affidavit of service to be filed promptly thereafter. that service of this Order to Show Cause together with the papers submitted in support thereof, upon all counsel of record for all parties in this action other than Ephraim Frenkel and Land Title Associates Escrow, via email to their respective email addresses provided by said counsel in accordance with the ECF filing system, on or before January 12, 2012 shall be deemed good and sufficient service; and it is further,that any written opposition to the requested relief shall be filed by January 19, 2012 at 2:15 pm in Courtroom 17-A, 500 Pearl Street, New York, New York (Ephraim Frenkel's appearance will be excused only if a new attorney has filed a notice of appearance on behalf of Ephraim Frenkel and Land Title Associates Escrow, and also appears at the conference on that date). Show Cause Hearing set for 1/23/2012 at 02:15 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/11/2012) (pl) Modified on 1/11/2012 (pl). Modified on 1/20/2012 (jar).
December 28, 2011	Filing 633 REPORT AND RECOMMENDATIONS: For the foregoing reasons, the motion to dismiss defendants counterclaims (Docket# 593) should be granted. Objections to R&R due by 1/17/2012 (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/28/2011) (js)
December 21, 2011	CASHIERS OFFICE REMARK on #632 Motion to Appear Pro Hac Vice, #631 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 12/12/2011, Receipt Number 1024078,1024079. (jd)
December 12, 2011	Filing 632 MOTION for Thomas H. Kao to Appear Pro Hac Vice. Document filed by Amusement Industry, Inc.(a California Corporation), Amusement Industry, Inc..(bwa) (pgu).
December 12, 2011	Filing 631 MOTION for Mariana L. Aguilar to Appear Pro Hac Vice. Document filed by Amusement Industry, Inc.(a California Corporation), Amusement Industry, Inc..(bwa) (pgu).
November 16, 2011	Filing 630 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 10/21/2011 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...(tro)
November 16, 2011	Filing 629 TRANSCRIPT of Proceedings re: telephone conference held on 10/21/2011 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.(tro)
November 16, 2011	***DELETED DOCUMENT. Deleted document number 628 transcript (duplicate filing). The document was incorrectly filed in this case. (tro)
November 9, 2011	Filing 627 NOTICE OF CHANGE OF ADDRESS by Elissa E. Koolyk on behalf of All Parties. New Address: Elissa Koolyk, 575 Madison Avenue, 10th Floor, New York, NY, USA 10022, 646-401-0125. (Koolyk, Elissa)
November 7, 2011	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 11/7/2011. (ft)
November 1, 2011	Filing 626 CERTIFICATE OF SERVICE of Order to Show Cause served on All counsel of record on 10/27/11. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
November 1, 2011	Filing 625 CERTIFICATE OF SERVICE of Order to show cause served on Ephraim Frenkel/Land Title Associates Escrow on 10/28/11. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
November 1, 2011	Filing 624 NOTICE of Affidavit of Attempted Service/Service Unexecuted re: #623 Order to Show Cause,,. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
October 27, 2011	Filing 623 ORDER TO SHOW CAUSE TO BE RELEIVED AND TO WITHDRAW AS COUNSEL FOR EPHRAIM FRENKEL AND LAND TITLE ASSOCIATES AGENCY, LLC filed by Ephraim Frenkel, Ephraim Frenkel(an individual), Land Title Associates Agency, LLC. shall show cause as to why HOffinger Stern & Ross LLP be relieved and to withdraw as counsel for Ephraim Frenkel and Land Title Associates Agency. Show Cause Hearing set for 11/7/2011 at 09:45 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/27/2011) (cd)
October 21, 2011	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 10/21/2011. Discovery order issued. See Transcripts. (rjm)
October 20, 2011	Filing 622 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Craig H Missakian dated 10/19/2011 re: All counsel wish to appear by telephone for the 10/21/2011 hearing. ENDORSEMENT: The conference is at 12 noon eastern time and will be changed to a telephone conference. No counsel may use a speakerphone. Also, land lines only. (Telephone Conference set for 10/21/2011 at 12:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/12/2011) (cd)
October 17, 2011	Filing 621 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 10/14/2011 re: counsel for Avery Egert and The Safrin Group, LLC. writes with regard to a pre-motion conference scheduled for Friday, October 21, 2011at 11:00 am. I have conferred with counsel for Amusement plaintiffs and Mr. Joshua Safrin about my scheduling conflict, and they have offered their consent to this request to reschedule our upcoming conference with Your Honor. All three sets of counsel would be available for a conference with Your Honor at a time between 12:00 pm and 2:00pm on October 21, 2011. ENDORSEMENT: Conference adjourned to 12 noon on October 21, 2011. ( Pre-Motion Conference set for 10/21/2011 at 12:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/17/2011) (pl) Modified on 10/17/2011 (pl). Modified on 10/24/2011 (pl).
October 12, 2011	Filing 620 ORDER. A conference on the matters raised in plaintiff's letter dated October 5, 2011 will be held on Friday, October 21, 2011, at 11:00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. Only parties that submitted letters on this topic will be heard. (Conference set for 10/21/2011 at 11:00 AM in Courtroom 17A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/12/11) (rjm)
September 21, 2011	Filing 619 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 8/11/2011 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...(tro)
September 21, 2011	Filing 618 TRANSCRIPT of Proceedings re: telephone conference held on 8/11/2011 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Mary Greco. 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 10/17/2011. Redacted Transcript Deadline set for 10/27/2011. Release of Transcript Restriction set for 12/23/2011.(tro)
August 29, 2011	Filing 617 REPLY MEMORANDUM OF LAW in Support re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Sragow, Allen)
August 12, 2011	Filing 616 TRANSCRIPT of Proceedings held on 10/20/2010 before Magistrate Judge Gabriel W. Gorenstein. (js) Modified on 8/25/2011 (ae). (jar).
August 11, 2011	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 8/11/2011. (ft)
August 4, 2011	Filing 615 ANSWER to #602 Crossclaim. Document filed by Stephen Friedman.(Chu, Justin)
August 4, 2011	Filing 614 ANSWER to #601 Crossclaim. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)
July 29, 2011	Filing 613 MEMORANDUM OF LAW in Opposition re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
July 29, 2011	Filing 612 DECLARATION of Mark W. Geisler in Opposition re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Geisler, Mark)
July 22, 2011	CASHIERS OFFICE REMARK on #608 Motion to Appear Pro Hac Vice in the amount of $2, paid on 07/13/2011, Receipt Number 11398. (jd)
July 19, 2011	Filing 611 MEMO ENDORSED ON MOTION TO ADMIT NICHOLE M. GALVIN COUNSEL PRO HAC VICE:ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty Part I Judge on 7/18/11) (js)
July 18, 2011	Filing 610 ANSWER to #600 Crossclaim. Document filed by Steven Alevy.(Hofsaess, John)
July 18, 2011	Filing 609 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 7/18/11 re: Counsel for the Third Party defendant Buchanan Ingersoll & Rooney PC writes, on behalf of Stephen Friedman as well, to ask for a two week adjournment through and including August 4, 2011 to submit their responses to the newly filed cross-claims asserted by Ephraim Frenkel and Land Title Associates Agency LLC. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/18/2011) (mro)
July 13, 2011	Filing 608 MOTION for Nichole M. Galvin to Appear Pro Hac Vice. Document filed by Joshua Safrin, Joshua Safrin(an individual).(pgu)
July 8, 2011	Filing 607 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood, IV dated 7/8/11 re: Counsel requests that the hearing scheduled for Thursday, August 4, 2011 at 3:30 p.m. be rescheduled. Counsel requests that the hearing be rescheduled for Thursday, August 11, 2011 at 3:30 p.m. ENDORSEMENT: Granted. ( Oral Argument set for 8/11/2011 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/11) (djc)
July 8, 2011	Filing 606 ORDER. Oral Argument on Joshua Safrin's motion to compel will be held on 8/4/2011 at 03:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/11. (djc)
July 8, 2011	Filing 605 ANSWER to #596 Crossclaim. Document filed by First Republic Group Corp..(Geisler, Mark)
July 8, 2011	Filing 603 ORDER: Oral argument on Joshua Safrin's motion to compel will be held on Thursday, August 8, 2011, at 3:30 p.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. Only parties that filed briefs of this motion will be heard. Such parties, as well as any other party, may attend the proceeding by telephone is that is desired. ( Oral Argument set for 8/8/2011 at 03:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/2011) (mro)
July 8, 2011	***DELETED DOCUMENT. Deleted document number 604 Order. The document was incorrectly filed in this case. (laq)
June 30, 2011	Filing 602 ANSWER to #578 Crossclaim., CROSSCLAIM against Stephen Friedman. Document filed by Ephraim Frenkel(an individual), Land Title Associates Agency, LLC.(Geisler, Mark)
June 30, 2011	Filing 601 ANSWER to #574 Crossclaim., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C.. Document filed by Ephraim Frenkel, Land Title Associates Agency, LLC.(Geisler, Mark)
June 30, 2011	Filing 600 ANSWER to #405 Amended Complaint, with JURY DEMAND., CROSSCLAIM against Steven Alevy. Document filed by Ephraim Frenkel, Land Title Associates Agency, LLC.(Geisler, Mark)
June 21, 2011	Filing 599 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/20/2011 re: I am writing on behalf of all parties to request an extension of the fact discovery cut-off date and other related dates previously set by the Court in the above-referenced case. ENDORSEMENT: Fact discovery shall be completed by 12/30/2011, Disclosure of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) shall be made by 1/31/2012. Disclosure of identities and reports of rebuttal experts shall be made by March 2, 2011. Deposition of expert witnesses shall be completed by 4/13/2012. The parties shall request a pre-motion conference to file any dispositive motions by 4/30/2012, unless otherwise permitted by the Court. If no party states an intention to file a dispositive pre-trial motion, plaintiff will supply pre-trial materials to defendants on or before 6/22/2012. The pre-trial order shall be filed 5 days thereafter. If, however, a dispositive motion is served, the due date of plaintiff's portion of the pre-trial order materials shall be extended to 30 days following decision on the dispositive motion and the pre-trial order shall be filed within 15 days thereafter. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/21/2011) (mbe)
June 20, 2011	Filing 598 ANSWER to #575 Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Hofsaess, John)
June 20, 2011	Filing 597 CERTIFICATE OF SERVICE of Defendant Avery Egerts Answer to the Cross-Claim of First Republic Group Corp. Against Avery Egert, with Affirmative Defenses and Cross-Claims served on ALL COUNSEL on 6/20/11. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)
June 20, 2011	Filing 596 ANSWER to #575 Crossclaim., CROSSCLAIM against First Republic Group Corp.. Document filed by Avery Egert.(Rakower, Michael)
June 20, 2011	Filing 595 MEMORANDUM OF LAW in Support re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Sragow, Allen)
June 20, 2011	Filing 594 DECLARATION of Allen P. Sragow in Support re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Sragow, Allen)
June 20, 2011	Filing 593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Sragow, Allen)
June 16, 2011	Filing 592 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 6/16/11 re: counsel for defendants Mark Stern and First Republic Group Corp. respectfully request an extension until June 30, 2011 for Frenkel and LTA to respond to the Third Amended Complaint, BIR's cross-claim and Stephen Friedman's cross- claim. ENDORSEMENT: Granted. The Order to Show Cause is deemed withdrawn., Ephraim Frenkel answer due 6/30/2011; Ephraim Frenkel(an individual) answer due 6/30/2011; Land Title Associates Agency, LLC answer due 6/30/2011; Land Title Associates Escrow answer due 6/30/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/16/11) (pl) Modified on 6/20/2011 (pl). Modified on 7/5/2011 (pl).
June 15, 2011	Filing 591 ORDER. The document filed as Docket # 590 contains confidential and/or privileged information and thus shall be filed under seal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/11) (rjm)
June 15, 2011	Transmission to Sealed Records Clerk. Transmitted re: #591 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
June 15, 2011	Filing 590 RESPONSE in Support re: #228 MOTION to Compel. and In Response to Supplemental Declaration. Document filed by Joshua Safrin. (Wood, Thomas)
June 14, 2011	Filing 589 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Wood, Thomas)
June 7, 2011	Filing 588 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/6/2011 re: Requesting that the Court order the withdrawal of Mr. Miller's appearance on behalf of Avery Egert and the Safrin Group, LLC so that his name may be removed from the ECF system in connection with this litigation. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/7/2011) (jpo)
May 31, 2011	Filing 587 RESPONSE re: #578 Answer to Complaint, Crossclaim of Stephen Friedman. Document filed by Steven Alevy, Bankers Capital Advisors LLC. (Hofsaess, John)
May 27, 2011	Filing 586 ANSWER to #574 Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Hofsaess, John)
May 26, 2011	Filing 585 ORDER. The Court has received three letters dated May 25, 2011 -from Mr. Stern, from counsel for plaintiffs, and from counsel for the BIR law firm -- raising two issues. The pre-motion conference requirement is waived. The parties shall attempt to agree on the manner in which the two issues shall be presented to the Court - either through letters (either the current ones or additional ones) or through a formal motion. If the parties cannot agree, the defendants should file a formal motion. The parties have leave to present the issues in different ways if they wish (e.g., the privilege issue by motion and the Rule 30(b)(6) issue by letters). (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/26/11) (djc)
May 23, 2011	Filing 584 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/23/2011 re: Counsel for Plaintiffs writes to request am extension of time for Crossclaimant to respond to Buchanan Ingersoll & Rooney's and Stephen Friedman's Answer and Crossclaims (ECF #574 & 578) through and including 5/31/2011. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/23/2011) (ab)
May 23, 2011	Filing 583 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 5/20/2011 re: Counsel for Defendants writes to request an extension on behalf of Frenkel and LTA to respond to the crossclaims filed by BIR and Friedman to and including 6/30/2011. ENDORSEMENT: until disposition of the Order to Show Cause. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/2011) (ab)
May 19, 2011	Filing 582 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 5/18/11 re: Counsel requests that the deadline for Avery Egert to answer First Republic Group Corp's cross-claim be extended through and including June 20, 2011. ENDORSEMENT: Granted. Avery Egert answer due 6/20/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/11) (djc)
May 10, 2011	Filing 581 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 5/9/2011 re: Requesting the Court approval of an extension of time for Plaintiffs and Third Defendant to respond to Mark Stern's and First Republic Group Corp.'s Answer (No 575) through and including June 20, 2011. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/9/2011) (jpo)
May 3, 2011	Filing 580 SEALED DOCUMENT placed in vault.(nm)
April 29, 2011	Filing 579 AMENDED ANSWER to #384 Answer to Complaint, Crossclaim,,. Document filed by Stephen Friedman. (Chu, Justin)
April 29, 2011	Filing 578 ANSWER to Complaint., CROSSCLAIM against Avery Egert, Ephraim Frenkel, Land Title Associates Agency, LLC, The Safrin Group, LLC. Document filed by Stephen Friedman.(Chu, Justin)
April 29, 2011	Filing 577 CERTIFICATE OF SERVICE of Avery Egert's Answer to Mark Stern's First Amended Third Party Complaint served on ALL PARTIES on 4/29/11. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)
April 29, 2011	Filing 576 ANSWER to Amended Complaint. Document filed by Avery Egert. Related document: #383 Amended Complaint, filed by Mark Stern, First Republic Group Realty, L.L.C..(Rakower, Michael)
April 29, 2011	Filing 575 ANSWER to Amended Complaint with JURY DEMAND., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC, Avery Egert., COUNTERCLAIM against Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. Document filed by First Republic Group Corp., Moses Stern.(Geisler, Mark)
April 29, 2011	Filing 574 ANSWER to Third Party Complaint., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC, Ephraim Frenkel, Land Title Associates Agency, LLC. Document filed by Buchanan Ingersoll & Rooney, P.C..(Bayne, David)
April 29, 2011	Filing 573 ORDER that the obligation of defendants Ephraim Frenkel and Land Title Associates Agency to respond to the pending Order to Show Cause, dated 4/12/11, is extended to 6/17/11. In the meantime, Mr. Stephen Stern remains the attorney for these attorneys. The time for these defendants to respond to the Third Amended Complaint is stayed pending disposition of the Order to Show Cause. (Response due by 6/17/2011) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/28/11) (cd)
April 28, 2011	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 4/28/2011. (tro)
April 26, 2011	Filing 572 ANSWER to Crossclaim. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)
April 25, 2011	Filing 571 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Justin Y.K. Chu dated 4/25/2011 re: request an extension of time from 4/26/2011 to 4/29/2011 to file his answer to Defendant Avery Egert's cross-claim. ENDORSEMENT: Granted. Stephen Friedman answer due 4/29/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/25/2011) (jar)
April 20, 2011	Filing 570 AFFIDAVIT OF SERVICE of Order to Show Cause served on Counsel of record on 4/12/11. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
April 20, 2011	Filing 569 AFFIDAVIT OF SERVICE of Order to Show Cause served on Land Title Associates Agency on 4/14/11. Service was made by Mail. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
April 20, 2011	Filing 568 AFFIDAVIT OF SERVICE of Order to Show Cause served on Ephraim Frenkel on 4/14/11. Service was made by Mail. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)
April 19, 2011	Filing 567 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 4/18/11 re: counsel for defendants respectfully request to extend to April 29, 2011 the time for Mark Stern and First Republic Group Corp. to respond to the Third Amended complaint. ENDORSEMENT: Granted. So Ordered. First Republic Group Corp. answer due 4/29/2011; Moses Stern answer due 4/29/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/18/11) (pl)
April 15, 2011	Filing 566 ANSWER to Amended Complaint. Document filed by Avery Egert, The Safrin Group, LLC. Related document: #348 Amended Complaint, filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Certificate of Service)(Rakower, Michael)
April 12, 2011	Filing 565 ORDER TO SHOW CAUSE TO BE RELIEVED AND TO WITHDRAW AS COUNSEL FOR EPHRAIM FRENKEL AND LAND TITLE ASSOCIATES AGENCY, LLC (a/k/a LAND TITLE ASSOCIATES ESCROW); LET Defendants Ephraim Frenkel and Land Title Associates Agency LLC, a/k/a Land Title Associates Escrow, and all other parties herein, show cause before this Court, why an Order should not be entered: (A) Pursuant to Local Rule 1.4, granting Hoffinger Sten & Ross, LLP leave to withdraw and be relieved as counsel for Defendants Ephraim Frenkel and Land Title Associates Escrow; and (B) Granting such other and further relief as the Court may deem just and proper; it is hereby: ORDERED, that pending the determination of the within motion, the time for defendants Ephraim Frenkel and Land Title Associates Escrow to answer the Third Amended Complaint is hereby stayed. Additional relief as set forth in this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/11) (pl) Modified on 4/18/2011 (pl).
April 8, 2011	Filing 564 ORDER; that the motion of Avery Egert to dismiss the first amended third party complaint against him [DI 392] is denied, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein [Dr 469] to which no objection has been filed. The contrary order, dated March 24, 2011, is vacated. (Signed by Judge Lewis A. Kaplan on 4/8/11) (pl)
April 8, 2011	Filing 563 DECLARATION of Thomas M. Wood, IV in Support re: #562 Reply Memorandum of Law in Support of Motion. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A, B, C)(Wood, Thomas)
April 8, 2011	Filing 562 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #228 MOTION to Compel. #534 AND In Response to #557 Second Memorandum in Opposition to Motion to Compel. Document filed by Joshua Safrin(an individual). (Wood, Thomas)
March 29, 2011	Filing 561 ORDER: The motion of Avery Egert to dismiss the first amended third party complaint against him [DI 392] is granted, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein [DI 469] to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/24/2011) (jfe)
March 28, 2011	Filing 560 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Geisler dated 3/25/11 re: Request to extend time from 3/24/11 to 4/21/11 to respond to the Third Amended Complaint for defendants Mark Stern, First Republic Group Corp, Ephraim Frenkel, and Land Title Associates Escrow. ENDORSEMENT: Granted. (Responses due by 4/21/2011) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/11) (cd)
March 25, 2011	Filing 559 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 3/25/2011 re: Counsel for Buchanan, Ingersoll & Rooney, P.C. requests an extension of time and the courts approval of new dates for the service and filings of the pleadings as set for on this letter. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/2011) (mbe)
March 15, 2011	Filing 558 DECLARATION of Allen P. Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sragow, Allen)
March 15, 2011	Filing 557 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel. and #524 Supplemental Memorandum of Law. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Sragow, Allen)
March 15, 2011	Filing 556 ORDER granting #513 Motion to Dismiss Count V of Third-Party Defendants, Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification, filed by Buchanan Ingersoll & Rooney, P.C.; and granting #515 Motion to Dismiss Count V of the Third Party Defendants Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification, filed by Stephen Friedman. In a careful report and recommendation dated 2/23/2011, Magistrate Judge Gabriel W. Gorenstein recommended that these motions be granted. No objections have been filed. In the circumstances, the motions of Friedman and BIR to dismiss the implied indemnification cross-claims against them by Bankers Capital [Docket #s 513 and 515], that is to say, count V of Bankers Capital's cross claim, are granted. (Signed by Judge Lewis A. Kaplan on 3/15/2011) (ab)
March 11, 2011	Filing 555 ORDER for #551 Report and Recommendations, Accordingly, I adopt the report and recommendation without passing on plaintiffs' point with respect to the portion of footnote 5 with which they take issue. The motion before me (DI 448) is granted to the extent set forth in the Conclusion of the report and recommendation and otherwise denied. (Signed by Judge Lewis A. Kaplan on 3/11/11) (cd)
March 11, 2011	Filing 554 ORDER re #550 Report and Recommendations: for the reasons set forth in the Report and Recommendation of Magistrate Judge Gabriel W. Gorenstein (DI 550), to which no objections have been filed, the motions with respect to (1)Egert (DI 407,410) are granted tot he extend that Egert's third, fourth, fifth and sixth cross-claims against BIR and Friedman are dismissed, (2) Safrin (DI 432,435) are granted to the extent that Safrin's first, second, fourth and fifth claims against BIR and Friedman are dismissed. All of the motions are denied in all other respects. (Signed by Judge Lewis A. Kaplan on 3/11/11) (cd)
March 2, 2011	Filing 553 OBJECTION to #551 Report and Recommendations Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Sragow, Allen)
February 23, 2011	Filing 552 REPORT AND RECOMMENDATION: For the reasons listed in this Report and Recommendation, Friedman and BIR's motions to dismiss (Docket #513,515) Bankers Captial's cross-claim for implied indemnification (count V) should be granted. Objections to R&R due by 3/14/2011 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/23/2011) (mro)
February 17, 2011	Filing 551 REPORT AND RECOMMENDATIONS re: #448 MOTION to Dismiss Third Amended Complaint. For the foregoing reasons, the motion to dismiss the third amended complaint (Docket # 448) filed by Stern, FRG Corp., Frenkel, and LTA should be granted in part and denied in part. Specifically, the following claims should be dismissed: (1) the claims of fraud (Count 5) as to statements 14 and 15; (2) the claim of negligent misrepresentation (Count 6) with regard to Stern and FRG Corp. as to all statements and with regard to Frenkel and LTA as to all statements other than statement 13; (3) the claim for unjust enrichment (Count 12) against Frenkel and LTA; (4) the claim for a purchase money resulting trust (Count 3); (5) the claim for a constructive trust(Count 2); (6) the claim for an equitable lien (Count 1); (7) the claim for declaratory relief (Count 4); and (8) the claims for breach of promissory notes (Counts 9 and 10). The other claims should not be dismissed. Objections to R&R due by 3/7/2011 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/17/11) (db)
February 14, 2011	Filing 550 REPORT AND RECOMMENDATIONS re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint. filed by Buchanan Ingersoll & Rooney, P.C., #435 MOTION to Dismiss Safrin's Third Amended Third Party Complaint. filed by Stephen Friedman, #410 MOTION to Dismiss Defendant Egert's Cross-Claims. filed by Stephen Friedman, #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims. For the foregoing reasons, Friedman and BIRs motions to dismiss (Docket # 407, 410) certain of Egerts cross-claims should be granted in part and denied in part. Friedman and BIRs motions to dismiss certain of Safrins claims (Docket # 432, 435) should be granted. Specifically, Egerts third, fourth, fifth, and sixth cross-claims against third-party defendants BIR and Friedman should be dismissed. Safrins first, second, fourth, and fifthclaims against third-party defendants BIR and Friedman should be dismissed. Egerts first cross-claim (for implied indemnification) should not be dismissed.Objections to R&R due by 3/3/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/14/11) (djc)
February 3, 2011	Filing 549 ORDER PURSUANT TO FED. R. EVID. 502(d): It is hereby ORDERED pursuant to Fed. R. Evid. 502(d), that the parties to this motion may disclose privileged or potentially privileged information to other counsel on this matter in oral or written form, and no waiver shall be deemed to result from such disclosure. See Fed. R. Civ. P. 502(d) (no waiver in either Federal or State court). If parties to this motion present privileged or potentially privileged information to another party in the form of a document, the disclosing party shall indicate through a legend on that document that its disclosure is pursuant to this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/2011) (jfe) Modified on 2/3/2011 (jfe).
January 28, 2011	Filing 548 ORDER: Accordingly, the depositions shall take place in the time period contemplated by the December 10, 2010 Order. The Court notes that it will not permit additional depositions of the Herrick witnesses based on any claims that their clients' deposition testimony shows that the Herrick witnesses inappropriately asserted the privilege. As to the number of hours to be set aside for the depositions, the Court normally relies on the presumption contained in Fed. R. Civ. P. 30(d)(l). This case is unusual, however, because of the number of separately-represented parties and claims at issue. Accordingly, the Court orders as follows. The parties are directed to allocate the division of their questioning time on the assumption that the deposition of each Herrick witness can be completed within 7 hours. The parties' questions should be structured in a good faith effort to complete the questioning within the 7-hour period, and thus shall not repeat unnecessarily questions posed by prior questioners. Following the first 7 hours of questioning, the Herrick witnesses shall make themselves available for questioning at the request of any attorney on the following day. With respect to any additional questioning, the attorneys shall make all reasonable efforts to limit the duration of their interrogation. The additional questioning on the second day shall not exceed 7 hours. The Court recognizes that this process relies on the good-fath efforts of the attorneys to limit their questioning. The Court nonetheless hopes that it will succeed in minimizing the number of hours that the witnesses will be deposed. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2011) (jfe)
January 28, 2011	Filing 547 ORDER: A telephone conference to discuss certain procedural matters with respect to the motion to compel will be held on February 3, 2011, at 11:30 a.m. No argument will be heard on the substantive issues. Counsel for plaintiff is directed to arrange this telephone call with counsel for Joshua Safrin and to call the Court with counsel on the line at that time. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2011) (jfe)
January 20, 2011	Filing 546 ORDER; The Court is in receipt of a letter dated January 19, 2011, from counsel for non-party witnesses Dena Cohen and Steven Fleissig. The application contained therein is denied without prejudice to renewal following compliance with paragraph 2.A of this Court's Individual Practices. To assist these non-parties in conducting the conference required by paragraph 2.A, the Court designates Stephen Stem to act as lead counsel for defendants in articulating defendants' position. (Other counsel may be chosen instead of Stephen Stem by defendants if all concur.) Allen Sragow shall act as plaintiffs' (and the related parties') counsel for the conference or shall designate the attorney who will do so. Additionally, the Court notes that it had assumed that the parties had contacted the witnesses (or their attorneys) listed in the December 10, 2010, Order and had confirmed their availability for the dates proposed. The Court also assumed that the parties had obtained the witnesses' agreement as to the initial number of days designated for deposition. Finally, the Court notes that, except for major witnesses in a case, it has normally relied on the presumption contained in Fed. R. Civ. P. 30(d)(1). (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/11) (pl)
January 11, 2011	Filing 545 ORDER: The Court is in receipt of a letter dated January 7, 2011, from Michael C. Rakower on behalf of all defense counsel and a responsive letter dated January 10, 2011, from plaintiffs' counsel. The Court's statements last week as to the probable need for additional time to question Allen Alevy should not be viewed as necessarily applicable to other witnesses in this matter, be they employees of plaintiffs or of defendants. In light of the fact that the parties agreed upon a schedule that presumed a certain number of days for each witness, the Court will not assume in advance of any deposition that additional time is required. Thus, the parties should similarly assume that the agreed-upon time for depositions must be adhered to and should plan their questioning (and the division of time among counsel) accordingly. In the event a party believes it can show good cause for obtaining additional time for questioning, the party may make an application in writing and after the deposition is completed, having first complied with paragraph 2.A of the Court's Individual Practices. Obviously, the party will bear the burden of showing that it appropriately used the time allotted to that party for the deposition. Mr. Rakower is directed to distribute this Order to all counsel. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/10/2011) (lnl)
January 10, 2011	CASHIERS OFFICE REMARK on #540 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/20/2010, Receipt Number 923968. (jd)
January 6, 2011	Filing 544 TRANSCRIPT of proceedings of civil cause for status conference held on November 15, 2010 before Magistrate Judge Gabriel W. Gorenstein. (js)
January 4, 2011	Filing 543 ORDER GRANTING MOTION FOR ADMISSION OF CRAIG H. MISSAKIAN, ESQ., PRO HAC VICE. That Craig H. Missakian, Esq. is admitted Pro Hac Vice for plaintiffs Amusement Industry, Inc. dba Westland Industries and Practical Finance Co., Inc. and Third Party Defendants Steven Alevy dba Bankers Capital Realty Advisors, improperly pled as Steven Alevy and Bankers Capital Realty Advisors, LLC in this action. (Signed by Judge John G. Koeltl on 1/3/11) (db)
December 29, 2010	Filing 542 ORDER GRANTING MOTION FOR ADMISSION OF CRAIG H. MISSAKIAN, ESQ., PRO HAC VICE, that Craig H. Missakian is admitted to practice pro hac vice as counsel for plaintiffs Amusement Industry, Inc. dba Westland Industries and Practical Finance Co., Inc. and Third Party Defendants Steven Alevy dba Bankers Capital Realty Advisors, improperly pled as Steven Alevy and Bankers Capital Realty Advisors, LLC in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/10) (pl)
December 29, 2010	Filing 541 ORDER, that the application of Arent Fox, LLP to be relieved as attorneys in this matter is hereby granted. The Clerk is requested to terminate the appearances of all counsel from that firm on the docket sheet in this matter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/10) (pl)
December 20, 2010	Filing 540 MOTION for Craig H. Missakian to Appear Pro Hac Vice. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc..(mbe)
December 20, 2010	Filing 539 NOTICE OF APPEARANCE by Elissa E. Koolyk on behalf of Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc., Pratical Finance Co., Inc.(a California corporation) (Koolyk, Elissa)
December 17, 2010	Filing 538 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 12/16/10 re: Counsel for the plaintiffs writes to advise the Court about a Motion for Pro Hac Vice that was rejected by the Clerk's Office and that will be resubmitted on December 23, 2010. ENDORSEMENT: Resubmit the motion papers as planned. Any objections to the (anticipated) motion shall be filed on or before December 27, 2010. SO ORDERED. ***No deadlines set as per Chambers instructions. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/10) (mro)
December 10, 2010	Filing 537 ORDER Fact Discovery due by 7/29/2011, see document for other deadlines. The parties shall request a premotion conference to file any dispositive motions by 11/29/11, unless otherwise permitted by the Court. Any dispositive pretrial motions shall be filed pursuant to the directions of the Court, and as further set forth in this document. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/10) (cd)
November 23, 2010	Filing 536 SEALED DOCUMENT placed in vault.(cb)
November 18, 2010	Filing 535 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A - B)(Wood, Thomas)
November 18, 2010	Filing 534 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #228 MOTION to Compel. and In Response to the Supplemental Memorandum of Law in Opposition to Motion to Compel of Plaintiffs, Third-Party Defendant Steven Alevy d/b/a Bankers Capital and Sragow & Sragow. Document filed by Joshua Safrin(an individual). (Wood, Thomas)
November 16, 2010	Filing 533 NOTICE OF APPEARANCE by John Werner Hofsaess, Jr on behalf of Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc. (Hofsaess, John)
November 15, 2010	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 11/15/2010. (mro)
November 10, 2010	Filing 532 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 11/9/2010 re: Counsel respectfully request that the conference scheduled for 11/15/2010 at 4:00 p.m. be moved to 11:00 a.m. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2010) (jfe)
November 5, 2010	Filing 531 STIPULATION DISMISSING CERTAIN CLAIMS WITH PREJUDICE AND WITHOUT COSTS: The claims and causes of action asserted by Amusement and Practical against First Republic in the Third Amended Complaint, filed April 27, 2010 [Docket #405], are dismissed with prejudice and without costs. The cross-claims and causes action asserted by First Republic against Bankers Capital Realty and Steven Alevy in First Republic's Answer to and Cross-Claims Against Third Party Defendants Steven Alevy and Bankers Capital Realty Advisors LLC, filed September 2, 2008 [docket #170], are dismissed with prejudice and without costs. The third party claims and causes of action asserted by First Republic against Allen Alevy, Friedman, and Sragow in First Republic's Third Party Complaint filed June 9, 2009 [docket #294], are dismissed with prejudice and without costs. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/5/2010) (jpo) Modified on 11/12/2010 (jpo).
November 3, 2010	Filing 530 SEALED DOCUMENT placed in vault.(nm)
November 3, 2010	Filing 529 DECLARATION of Allen Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)
November 3, 2010	Filing 528 DECLARATION of Allen Alevy in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)
November 3, 2010	Filing 527 DECLARATION of Robert Friedman in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Sragow, Allen)
November 3, 2010	Filing 526 DECLARATION of Steven Alevy in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit A)(Sragow, Allen)
November 3, 2010	Filing 525 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)
October 28, 2010	Filing 524 REPLY MEMORANDUM OF LAW in Support re: #513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)
October 20, 2010	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 10/20/2010. (mro)
October 20, 2010	Filing 523 STIPULATION CONSENTING TO SUBSTITUTION OF COUNSEL FOR FIRST REPUBLIC GROUP REALITY, LLC: IT IS HEREBY CONSENTED, that SILVERMANACAMPORA LLP, 100 Jericho Quadrangle, Suite 300, Jericho, New York 11753 be substituted as attorneys of record for First Republic Group Realty, LLC, defendant in the above-captioned action, in place and stead of their undersigned counsel of record. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/18/2010) (jfe)
October 19, 2010	Filing 522 ORDER the Court assumed in its 1/22/10 decision that, even if Sragow had an attorney-client relationship with both Amusement and S. Alevy/Bankers prior to 5/08, that any communications shared between the represented parties and/or their attorney during this period would result in a waiver of privilege unless the "common interest" doctrine was met, and as further set forth in this document. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/10) (cd)
October 18, 2010	Filing 521 DECLARATION of Allen Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)
October 15, 2010	Filing 520 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 10/14/10 re: Based on Safrin's submission of new arguments, our office requests that this Court either disregard the aforementioned arguments that are contained within Safrin's Supplemental Reply Brief, or provide an opportunity for my client to address each of these new arguments with a sur-reply. ENDORSEMENT: No explanation is given as to why plaintiffs waited more than 6 weeks to argue that the Supplemental Reply Brief was Improper or required a response. Given that oral argument is being held on Wednesday any response from plaintiffs must be received by the Court by 8:00 a.m. on Tuesday at the latest. So ordered. (Responses due by 10/19/2010) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/10) (rjm)
October 12, 2010	Filing 519 MEMORANDUM OF LAW in Opposition re: #513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification., #515 MOTION to Dismiss Count V of the Third Party Defts. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification.. Document filed by Steven Alevy, Bankers Capital Advisors LLC. (Sragow, Allen)
October 8, 2010	Filing 518 ANSWER to Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Sragow, Allen)
October 8, 2010	Filing 517 ANSWER to Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Sragow, Allen)
October 6, 2010	Filing 516 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 10/6/10 re: As noted in yesterday'S conespondence to Your Honor. the enclosed motion replaces BIR's prior motion against the Third Amended Answer which had been filed under ECF Docket Nos. 482 and 483. ENDORSEMENT: Docket # 482 and # 484 are deemed withdrawn. SO ORDERED. Motions terminated: #482 MOTION to Dismiss Counts V and VI of Bankers Capital and Steven Alevy's Cross-Claims filed by Buchanan Ingersoll & Rooney, P.C. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/6/10) (db)
October 5, 2010	Filing 515 MOTION to Dismiss Count V of the Third Party Defts. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification. Document filed by Stephen Friedman. Responses due by 10/12/2010(Chu, Justin)
October 5, 2010	Filing 514 MEMORANDUM OF LAW in Support re: #513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)
October 5, 2010	Filing 513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification. Document filed by Buchanan Ingersoll & Rooney, P.C.. Responses due by 10/12/2010(Maloney, James)
September 22, 2010	Filing 512 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 9/21/10 re: counsel for defendant respectfully requests the Court schedule the argument for November 2, 2010 if the Court is available. ENDORSEMENT: Following a conference call with Mr. Sragow and Mr. Wood, the oral argument remains scheduled for October 20 at 11:00 a.m. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/10) (pl)
September 17, 2010	Filing 511 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood, IV dated 9/17/10 re: counsel for defendant writes to confirm that Oral Argument on Joshua Safrin's Motion to Compel adjourned to October 20, 2010 at 11:00 a.m. is fine with me. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/17/10) (pl)
September 16, 2010	Filing 510 ORDER, that Oral argument on Joshua Safrin's motion to compel will be held on Friday, October 8, 2010 at 11 :00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/16/10) (pl)
September 16, 2010	Filing 509 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Geisler, Mark)
September 16, 2010	Filing 508 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Moses Stern(an individual).(Geisler, Mark)
September 15, 2010	Filing 507 ANSWER to Crossclaim. Document filed by Avery Egert.(Rakower, Michael)
September 15, 2010	Filing 506 ANSWER to Crossclaim., CROSSCLAIM against Joshua Safrin. Document filed by Ephraim Frenkel(an individual), Land Title Associates Agency, LLC.(Geisler, Mark)
September 15, 2010	Filing 505 ANSWER to Crossclaim., CROSSCLAIM against Joshua Safrin. Document filed by First Republic Group Corp., Moses Stern(an individual).(Geisler, Mark)
September 15, 2010	Filing 504 ANSWER to Counterclaim. Document filed by Joshua Safrin, Joshua Safrin.(Wood, Thomas)
September 9, 2010	Filing 503 ORDER granting #358 Motion to Dismiss. The motion of Steven Alevy, Bankers Capital, Allen Alevy, Allen P. Sragow and Robert Friedman to dismiss the claims asserted against them by defendant Stem in cross-claims and a third party complaint [DI 358] is granted, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein. Stem's objections are without merit and are overruled. Without in any way limiting the generality of the foregoing the Court notes Stem's quite remarkable argument: "At the outset,/or some reason unknown to Stern, the R&R erroneously (i) applied Delaware law, disregarding New York law, and (ii) concluded Stem's injuries were derivative and not direct." Stem Objections [DI 501] 15 (emphasis added). In fact, the report and recommendation carefully explained exactly why Delaware law applied and spent many pages explaining why the alleged injuries were derivative rather than direct. Stem has offered nothing to suggest that Judge Gorenstein erred as a matter of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/8/2010) (jmi)
September 8, 2010	Filing 502 ORDER denying #366 Motion to Dismiss. The motion ofA very Egert and The Safrin Group, LLC, to dismiss the fourth-party complaint of third-party defendant Buchanan Ingersoll & Rooney, P.C. [DI 366] is denied, substantially for the reasons stated in the report and recommendation ofMagistrate Judge Gabriel W. Gorenstein [DI 468] to which no objection has been filed. SO ORDERED.(Signed by Judge Lewis A. Kaplan on 9/8/2010) (jmi)
September 7, 2010	Filing 501 MEMORANDUM OF LAW in Support re: #499 Objection to Report and Recommendations. Document filed by Mark Stern, Moses Stern. (Geisler, Mark)
September 7, 2010	Filing 500 DECLARATION of Stephen R. Stern in Support re: #499 Objection to Report and Recommendations. Document filed by Mark Stern, Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Geisler, Mark)
September 7, 2010	Filing 499 OBJECTION to #467 Report and Recommendations Document filed by Mark Stern, Moses Stern. (Geisler, Mark)
September 3, 2010	Filing 498 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 9/3/2010 re: Counsel for defendants write to request an additional week, to September 15, 2010, for the foregoing defendants to answer the Safrin cross-claims. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/3/2010) (js)
September 2, 2010	Filing 497 AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C., Avery Egert, First Republic Group Realty LLC, Ephraim Frenkel, Stephen Friedman, Land Title Associates Agency, LLC, Moses Stern(an individual)., COUNTERCLAIM against Joshua Safrin(an individual). Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)
September 2, 2010	Filing 496 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #497) - AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C., Avery Egert, First Republic Group Realty LLC, Ephraim Frenkel, Stephen Friedman, Land Title Associates Agency, LLC, Moses Stern(an individual)., COUNTERCLAIM against Joshua Safrin(an individual). Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen) Modified on 9/8/2010 (lb).
September 2, 2010	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Allen Phillip Sragow to RE-FILE Document #495 Amended Answer to Third Party Complaint, Crossclaim, Counterclaim. ERROR(S): Attorney s/signature missing from document. (KA)
September 1, 2010	Filing 495 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C., Avery Egert, First Republic Group Realty LLC, Ephraim Frenkel, Stephen Friedman, Land Title Associates Agency, LLC, Moses Stern(an individual)., COUNTERCLAIM against Joshua Safrin(an individual). Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen) Modified on 9/2/2010 (KA).
September 1, 2010	Filing 494 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin, Joshua Safrin. (Wood, Thomas)
August 31, 2010	Filing 493 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhbit J, #11 Exhibit K)(Wood, Thomas)
August 27, 2010	Filing 492 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Geisler, Mark)
August 27, 2010	Filing 491 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Moses Stern.(Geisler, Mark)
August 27, 2010	Filing 490 ANSWER to Crossclaim. Document filed by Avery Egert.(Rakower, Michael)
August 27, 2010	Filing 489 ANSWER to Counterclaim. Document filed by Joshua Safrin, Joshua Safrin.(Wood, Thomas)
August 26, 2010	Filing 488 ENDORSED LETTER: addressed to Judge Gabriel W. Gorenstein from Allen P. Sragow dated 8/24/2010. re: Counsel for Bankers Capital Reality Advisors, LLC request an extension of time to respond to Safrin's pleading. Opposing Counsel and consent to the adjournment of this filing for one week until September 1, 2010 ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2010) (js)
August 26, 2010	Filing 487 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Mark W. Geisler dated 8/25/2010 re: Counsel requests an extension of time to file any objections to the Report and Recommendation (ECF No. 467) to and including 9/7/2010. ENDORSEMENT: Request Granted. (Objections to R&R due by 9/7/2010) (Signed by Judge Lewis A. Kaplan on 8/26/2010) (tro)
August 26, 2010	Filing 486 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 8/25/2010 re: Counsel for defendant requests an extension of time to respond to said pleading to and including September 8, 2010. Accordingly, under the the circumstances, Egert's counsel has advised he agrees to extend our clients time to respond to his cross-claims to ten (10) days after either his pleading is found sufficient, or he submits an amended pleading. ENDORSEMENT: 1 and 2 granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2010) (js)
August 26, 2010	Filing 485 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 8/24/2010 re: Counsel for Bankers Capital Realty Advisors requests an extension of time to respond to Egert's pleading. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2010) (js)
August 24, 2010	Filing 484 NOTICE of Motion to Dismiss. Document filed by Stephen Friedman. (Chu, Justin)
August 24, 2010	Filing 483 MEMORANDUM OF LAW in Support re: #482 MOTION to Dismiss Counts V and VI of Bankers Capital and Steven Alevy's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)
August 24, 2010	Filing 482 MOTION to Dismiss Counts V and VI of Bankers Capital and Steven Alevy's Cross-Claims. Document filed by Buchanan Ingersoll & Rooney, P.C. Responses due by 9/10/2010(Maloney, James) Modified on 10/28/2010 (db).
August 13, 2010	Filing 481 SEALED DOCUMENT placed in vault.(cb)
August 6, 2010	Filing 480 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel. and in Opposition re: #447 SUPPLEMENTAL MOTION to Compel. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)
August 6, 2010	Filing 479 REPLY MEMORANDUM OF LAW in Support re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by First Republic Group Corp., Ephraim Frenkel, Land Title Associates Escrow, Moses Stern. (Geisler, Mark)
August 6, 2010	Filing 478 SEALED DOCUMENT placed in vault.(nm)
August 6, 2010	Filing 477 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Mark Geisler dated 8/6/10 re: Request for an extension of time to file objections to the Report and Recommendation to and including 8/27/10. ENDORSEMENT: Application granted. (Objections to R&R due by 8/27/2010) (Signed by Judge Lewis A. Kaplan on 8/6/10) (cd)
August 5, 2010	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 8/5/2010. (mro)
August 5, 2010	Filing 476 ORDER withdrawing #411 Motion to Dismiss; withdrawing #418 Motion to Dismiss; withdrawing #438 Motion to Dismiss; withdrawing #441 Motion to Dismiss. For the reasons stated today on the record, the following motions to dismiss are deemed withdrawn with leave to reinstate at any time: Docket # 411, 418, 438, and 441. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/5/2010) (tro)
August 3, 2010	Filing 475 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood dated 8/3/2010 re: Requesting an extension to August 27, 2010 to respond to the counterclaims. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/2010) (jpo)
August 3, 2010	Filing 474 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 8/2/10 re: counsel for Buchanan, Ingersoll & Rooney, PC ("BIR") request for an extension of Third-Party Defendants BIR and Stephen Friedman's time to respond to cross-claims asserted by Bankers Capital Realty Advisors, Inc. in its Third Amended Answer to Safrin's Third Amended Third-Party Complaint from August 3 through and including August 24, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/10) (pl)
August 3, 2010	Filing 473 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 8/2/10 re: counsel for defendants and cross-claim defendants Moses (Mark) Stem, First Republic Group Corp., Ephraim Frenkel and Land Title Associates Escrow (collectively herein, "CrossClaim Defendants") request an extension of Cross-Claim Defendants' time to respond to cross-claims asserted by Bankers Capital Realty Advisors LLC and Steven Alevy (ECF No. 464) to and including August 27, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/10) (pl)
August 3, 2010	Filing 472 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 8/2/10 re: counsel for Avery Egert ("Egert") and The Safrin Group, LLC request for an extension until August 27, 2010 to respond to the cross claims asserted by Bankers Capital and Steven Alevy as part of Their Amended Answer to the Third Amended Complaint of Defendant Safrin, filed on July 20, 2010 (Docket No. 464). ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/10) (pl)
July 29, 2010	Filing 471 REPLY MEMORANDUM OF LAW in Support re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)
July 26, 2010	Filing 470 ORDER. Before the Court are a number of motions that seek to dismiss some but not all claims in various pleadings. (Docket # 407, 410, 411, 418, 432, 435, 438, and 441). Because it appears that the parties making these motions will necessarily continue to litigate this case and participate in discovery regardless of the outcome of the motions, the Court wishes to understand whether a ruling on the motions in their current form - which by their nature address facts that may change once discovery is concluded - will be an efficient use of judicial resources. The Court will hold a conference to discuss this matter on August 3, 2010 at 3:00 p.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. (Conference set for 8/3/2010 at 03:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm)
July 26, 2010	Filing 469 REPORT AND RECOMMENDATION. For the reasons stated in this Report and Recommendation, Egert's motion to dismiss the amended third-party complaint (Docket # 392) should be denied. re: #392 MOTION to Dismiss. filed by Avery Egert Objections to R&R due by 8/12/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm)
July 26, 2010	Filing 468 REPORT AND RECOMMENDATION. For the reasons stated in this Report and Recommendation, Egert and TSG's motion to dismiss the amended fourth-party complaint (Docket # 366) should be denied. re: #366 MOTION to Dismiss First Amended Fourth Party Complaint. filed by The Safrin Group, LLC, Avrahom Egert Objections to R&R due by 8/12/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm) Modified on 7/26/2010 (rjm).
July 26, 2010	Filing 467 REPORT AND RECOMMENDATION. For the reasons stated in this Report and Recommendation, the motion to dismiss Stern's cross-claims and third-party complaint (Docket # 358) should be granted. re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern. filed by Allen Alevy, Steven Alevy, Allen P. Sragow, Bankers Capital Realty Advisors LLC, Robert Friedman Objections to R&R due by 8/12/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm) Modified on 7/26/2010 (rjm).
July 21, 2010	Filing 466 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James J. Maloney dated 3/19/10 re: We submit that the principles articulated in Restatement (Second) of Torts section 886B and the example provided in subdivision (2)(c) as well as the Mas decision are applicable here and would be applied by the New York Courts which would sustain a claim for indemnification at this stage of the action. Document filed by Buchanan Ingersoll & Rooney P.C.(mro)
July 21, 2010	Filing 465 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 2/19/10 re: Pursuant to Your Honor's Order and paragraph 2(B) of this Court's Individual practices, we have consulted with BIR's counsel and agreed to the following briefing schedule: (1) Our clients' motion to dismiss is due today, 2/19/10; (2) BIR's opposition papers, if any, will be due on 3/12/10; and (3) our client's reply papers, if any, will be due on 3/26/10. Document filed by The Safrin Group, LLC, Avery Egert.(mro)
July 20, 2010	Filing 464 AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Avery Egert, Buchanan Ingersoll & Rooney, P.C., Land Title Associates Agency, LLC, First Republic Group Realty LLC, Moses Stern(an individual), Ephraim Frenkel(an individual), Stephen Friedman., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)
July 14, 2010	Filing 463 MEMORANDUM OF LAW in Opposition re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Sragow, Allen)
July 13, 2010	Filing 462 MEMORANDUM OF LAW in Opposition re: #441 MOTION to Dismiss Cross-claims of Joshua Safrin.. Document filed by Joshua Safrin. (Wood, Thomas)
July 8, 2010	Filing 461 MEMORANDUM OF LAW in Opposition re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint., #435 MOTION to Dismiss Safrin's Third Amended Third Party Complaint.. Document filed by Joshua Safrin(an individual). (Wood, Thomas)
June 30, 2010	Filing 460 REPLY MEMORANDUM OF LAW in Support re: #418 MOTION to Dismiss Cross-claims of Avery Egert.. Document filed by Moses Stern(an individual), Ephraim Frenkel(an individual), Land Title Associates Escrow. (Geisler, Mark)
June 24, 2010	Filing 459 CERTIFICATE OF SERVICE of ANSWER WITH AFFIRMATIVE DEFENSES served on ALL COUNSEL on 6/24/10. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)
June 24, 2010	Filing 458 ANSWER to Amended Complaint. Document filed by Avery Egert. Related document: #405 Amended Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc..(Rakower, Michael)
June 24, 2010	Filing 457 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 6/23/2010 re: Bankers Capital respectfully requests em Order permitting it to file the previously proposed draft of its cross-claims that were originally submitted with the Motion for Leave to Amend (Docket Entry No. 205, including a draft of the proposed pleading at Docket Entry No. 206, Exhibit G), which can now be ordered upon the consent of the parties, and requests that Bankers Capital be permitted to revise that proposed pleading to include Bankers Capital's revisions to its fifth cross-claim for indemnification pertaining to Buchanan Ingersoll (for which leave was already granted). Avery Egert requests (and Plaintiffs consent to this request) an extension of time to file his Answer to Plaintiffs' Third Amended Complaint. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/24/2010) (tve)
June 23, 2010	Filing 456 REPLY MEMORANDUM OF LAW in Support re: #411 MOTION to Dismiss Cross Claims of Avery Egert.. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)
June 23, 2010	Filing 455 RESPONSE in Opposition re: #438 MOTION to Dismiss Joshua Safrin's Third Amended Third Party Complaint.. Document filed by Joshua Safrin(an individual). (Wood, Thomas)
June 11, 2010	Filing 454 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Avery Egert's Opposition to Motion to Dismiss by Mark Stern, Ephraim Frenkel and Land Title Associates Escrow served on ALL COUNSEL on 6/11/10. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)
June 11, 2010	Filing 453 MEMORANDUM OF LAW in Opposition re: #418 MOTION to Dismiss Cross-claims of Avery Egert.. Document filed by Avery Egert. (Rakower, Michael)
June 11, 2010	Filing 452 REPLY MEMORANDUM OF LAW in Support re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)
June 11, 2010	Filing 451 REPLY AFFIRMATION of James J. Maloney in Support re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Maloney, James)
June 9, 2010	Filing 450 MEMORANDUM OF LAW in Support re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel. (Geisler, Mark)
June 9, 2010	Filing 449 DECLARATION of Stephen R. Stern in Support re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit B, Part 1, #4 Exhibit B, Part 2, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Geisler, Mark)
June 9, 2010	Filing 448 MOTION to Dismiss Third Amended Complaint. Document filed by First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel.(Geisler, Mark)
June 8, 2010	Filing 447 RESPONSE in Support re: #228 MOTION to Compel. and Response to Declarations and Documents Submitted for In Camera Review. Document filed by Joshua Safrin(an individual). (Wood, Thomas)
June 7, 2010	Filing 446 DECLARATION of Thomas M. Wood, IV, Esquire in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F Part 1 of 8, #7 Exhibit F Part 2 of 8, #8 Exhibit F Part 3 of 8, #9 Exhibit F Part 4 of 8, #10 Exhibit F Part 5 of 8, #11 Exhibit F Part 6 of 8, #12 Exhibit F Part 7 of 8, #13 Exhibit F Part 8 of 8, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I Part 1 of 7, #17 Exhibit I Part 2 of 7, #18 Exhibit I Part 3 of 7, #19 Exhibit I Part 4 of 7, #20 Exhibit I Part 5 of 7, #21 Exhibit I Part 6 of 7, #22 Exhibit I Part 7 of 7, #23 Exhibit J)(Wood, Thomas)
June 4, 2010	Filing 445 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Steven Alevy and Bankers Capital's Motion to Dismiss Egert's Cross-Claims served on All Parties on 6/4/2010. Service was accepted by All Parties. Document filed by Avery Egert. (Rakower, Michael)
June 4, 2010	Filing 444 MEMORANDUM OF LAW in Opposition re: #411 MOTION to Dismiss Cross Claims of Avery Egert.. Document filed by Avery Egert. (Rakower, Michael)

February 13, 2018

Filing 893 Costs Taxed as to #892 USCA Mandate, USCA Case Number 17-0339-cv, in the amount of $344.00, on 2/13/2018 in favor of Appellees Amusement Industry, Inc., a California Corporation, DBA Westland Industries, Practical Finance Co., Inc., a California corporation against Appellant Moses Stern, AKA Mark Stern. (tp)

January 26, 2018

Filing 892 MANDATE of USCA (Certified Copy) as to #891 Notice of Appeal filed by Moses Stern USCA Case Number 17-0339-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the amended judgment entered on January 6, 2017, is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/26/2018. (tp)

January 26, 2018

Transmission of USCA Mandate/Order to the District Judge re: #892 USCA Mandate. (tp)

February 3, 2017

Filing 891 NOTICE OF APPEAL from #889 Amended Judgment,,. Document filed by Moses Stern. Filing fee $ 505.00, receipt number 0208-13275376. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Condon, Brian)

February 3, 2017

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #891 Notice of Appeal. (tp)

February 3, 2017

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #891 Notice of Appeal filed by Moses Stern were transmitted to the U.S. Court of Appeals. (tp)

January 6, 2017

Filing 890 DEFAULT JUDGMENT: That for the reasons stated in the Court's Order dated January 4, 2017, Plaintiffs' motion for default judgment against Defendant First Republic Group, Corp., is granted and judgment is entered in favor of Plaintiffs' and against First Republic Group, Inc. in the amount of $13,000,000 plus interest at a rate of $3,205.48 per day from July 13, 2007 to the date of judgment in the amount of $11,116,604.64 for a total sum of $24,116,604.64; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 01/06/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)

January 6, 2017

Filing 889 AMENDED JUDGMENT: amending #885 Clerk's Judgment, That for the reasons stated in the Court's Orders dated November 10, 2016, and January 4, 2017, Plaintiffs' motion for summary judgment against Defendant Moses Stern a/k/a Mark Stern is granted and judgment is entered in favor of Plaintiffs' and against Moses Stern a/k/a Mark Stern in the amount of $13,000,000 plus prejudgment interest at the rate of $3,205.48 from July 13, 2007, to the date of judgment November 16, 2016, in the amount of $10,946,714.20 for a total sum of $23,946,714.20. (Signed by Clerk of Court Ruby Krajick on 01/06/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)

January 6, 2017

Terminate Transcript Deadlines (dt)

January 4, 2017

Filing 888 ORDER: No objections have been filed with respect to either report and recommendation. Accordingly, (1) the motions for prejudgment interest [DI 872] and for a default judgment [DI 866] be and they hereby are granted. The Clerk is directed to enter an amended judgment against defendant Moses Stem a/k/a Mark Stem and a judgment against First Republic Group Corp., each in the amount of $13,000,000 plus interest at the rate of $3,205.48 per day from July 13, 2007 to the date of judgment. For the reasons stated by Magistrate Judge Gorenstein, the Clerk shall close the case and terminate any and all heretofore unresolved motions. (Signed by Judge Lewis A. Kaplan on 1/3/2017) (cla)

January 4, 2017

Transmission to Judgments and Orders Clerk. Transmitted re: #888 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk. (cla)

December 1, 2016

Filing 887 REPORT AND RECOMMENDATION: re: #866 MOTION for Default Judgment. For the foregoing reasons, the motion for default judgment (Docket # 866) should be granted. The Clerk of Court should enter a judgment by default against defendant First Republic Group Corp., in the amount of $13,000,000.00, plus prejudgment interest accruing at the rate of $3,205.48 per day from July 13, 2007, until the date judgment is entered. Additionally, because all other parties have settled or have been (or must be) dismissed from the case, the Clerk should be instructed to close the case. Objections to R&R due by 12/15/2016. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2016) (ama)

December 1, 2016

Filing 886 REPORT AND RECOMMENDATION: re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines, #862 Report and Recommendations, (Refiling Docket No. 868 to correct event type filed by Amusement Industry, Inc., Practical Finance Co., Inc. For the foregoing reasons, the motion for prejudgment interest (Docket# 872) should be granted. An amended judgment should be entered in favor of plaintiffs against Moses Stern a/k/a Mark Stern in the amount of $13,000,000 plus prejudgment interest of $3,205.48 per day from July 13, 2007, until the date of judgment. Objections to R&R due by 12/15/2016 (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2016) (ama) Modified on 12/1/2016 (ama). Modified on 12/1/2016 (ama).

November 16, 2016

Filing 885 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 10, 2016, Plaintiffs' motion for summary judgment against Defendant Moses Stern is granted and judgment is entered in favor of Plaintiffs and against Stern in the amount of $13 million. (Signed by Clerk of Court Ruby Krajick on 11/16/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)

November 10, 2016

Filing 884 ORDER granting #828 Motion for Summary Judgment. Accordingly, plaintiffs' motion for summary judgment against defendant Moses Stern [DI 828] is granted. The Clerk shall enter judgment in favor of plaintiffs and against Stern in the amount of $13 million. (As further set forth in this Order) (Signed by Judge Lewis A. Kaplan on 11/10/2016) (kl)

November 10, 2016

Transmission to Judgments and Orders Clerk. Transmitted re: #884 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (kl)

October 19, 2016

Filing 883 ORDER granting #866 Motion for Default Judgment (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)

September 23, 2016

Filing 882 REPLY MEMORANDUM OF LAW in Support re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). . Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)

September 15, 2016

Filing 881 MEMORANDUM OF LAW in Opposition re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). . Document filed by Moses Stern. (Condon, Brian)

September 15, 2016

Filing 880 DECLARATION of Brian K. Condon in Opposition re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.).. Document filed by Moses Stern. (Attachments: #1 Exhibit A)(Condon, Brian)

September 12, 2016

Filing 879 OBJECTION to #862 Report and Recommendations Document filed by Moses Stern. (Attachments: #1 Exhibit A)(Condon, Brian)

September 12, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Brian K Condon to RE-FILE Document #878 MOTION for Report and Recommendations Objection to Report and Recommendation. Use the event type Objection to Report and Recommendations found under the event list Other Answers. (db)

September 9, 2016

Filing 878 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Report and Recommendations Objection to Report and Recommendation. Document filed by Moses Stern. (Attachments: #1 Exhibit A)(Condon, Brian) Modified on 9/12/2016 (db).

September 6, 2016

Filing 877 ORDER: The September 6, 2016 order (DI 876) adopting the August 10, 2016 report and recommendation is vacated. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/6/2016) (kl)

September 6, 2016

Filing 876 Vacated as per Judge's Order dated 9/6/2016, Doc. #877. ORDER granting #828 Motion for Summary Judgment. Plaintiffs move for summary judgment as against defendant Moses Stem. In a report and recommendation dated August 10, 2016 [DI 862], Magistrate Judge Gabriel W. Gorenstein recommended that the motion be granted. Objections, if any, were due no later than August 29, 2016. None have been filed. Accordingly, plaintiffs' motion for summary judgment against defendant Moses Stern [DI 828] is granted. The Clerk shall enter judgment in favor of plaintiffs and against Stern in the amount of $13 million. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/4/2016) (kl) Modified on 9/6/2016 (kl).

September 6, 2016

Transmission to Judgments and Orders Clerk. Transmitted re: #876 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (kl)

August 26, 2016

Filing 875 NOTICE of Errata re: #870 Declaration in Support of Motion,, #874 Declaration in Support of Motion,,. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Hofsaess, John)

August 26, 2016

Filing 874 DECLARATION of John W. Hofsaess in Support re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.).. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Hofsaess, John)

August 26, 2016

Filing 873 MEMORANDUM OF LAW in Support re: #872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). (Refiling Docket No. 869 to correct event type.). Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)

August 26, 2016

Filing 872 MOTION for Prejudgment Interest re: #863 Order, Set Deadlines,,,,,,,,,,,,,, #862 Report and Recommendations,, (Refiling Docket No. 868 to correct event type.). Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Hofsaess, John)

August 26, 2016

Filing 871 DECLARATION of John W. Hofsaess in Support re: #866 MOTION for Default Judgment as to First Republic Group Corp... Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32)(Hofsaess, John)

August 26, 2016

Filing 870 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John W. Hofsaess in Support re: #868 MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Hofsaess, John) Modified on 8/26/2016 (db).

August 26, 2016

Filing 869 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #868 MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. . Document filed by Amusement Industry, Inc., Practical Finance Co., Inc. (Hofsaess, John) Modified on 8/26/2016 (db).

August 26, 2016

Filing 868 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Hofsaess, John) Modified on 8/26/2016 (db).

August 26, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Werner Hofsaess, Jr. to RE-FILE Document #868 MOTION to Amend/Correct #863 Order, Set Deadlines for Prejudgment Interest. Use the event type Miscellaneous Relief found under the event list Motions. (db)

August 26, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Werner Hofsaess, Jr. to RE-FILE Document #869 Memorandum of Law in Support of Motion, #870 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error(s). (db)

August 25, 2016

Filing 867 MEMORANDUM OF LAW in Support re: #866 MOTION for Default Judgment as to First Republic Group Corp.. . Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Hofsaess, John)

August 25, 2016

Filing 866 MOTION for Default Judgment as to First Republic Group Corp.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. Responses due by 9/15/2016(Hofsaess, John)

August 22, 2016

Filing 865 ORDER granting #864 Letter Motion for Extension of Time. Application granted. So Ordered. Objections to R&R due by 9/9/2016 (Signed by Judge Edgardo Ramos, Part I, on 8/22/2016) (kl)

August 19, 2016

Filing 864 LETTER MOTION for Extension of Time addressed to Judge Lewis A. Kaplan from Brian K. Condon dated August 19, 2016. Document filed by Moses Stern.(Condon, Brian)

August 11, 2016

Filing 863 ORDER. In its reply memorandum of law in support of its pending motion for summary judgment against Moses Stern, plaintiffs state that they intend to move for prejudgment interest "[i]f the Court grants compensatory damages." See Amusement Industry, Inc.'s and Practical Finance Co., Inc.'s Reply Memorandum of Points and Authorities in Support of their Motion for Summary Judgment, filed February 26, 2016 (Docket #851), at 24. In fact, the Court had expected that any summary judgment motion relating to prejudgment interest would have been filed at the same time as any motion relating to compensatory damages. Be that as it may, the Court will permit plaintiffs to seek prejudgment interest provided they do so promptly. Any motion for prejudgment interest shall be filed by August 25, 2016. The motion may make the assumption that defendant Moses Stern will be found liable for compensatory damages in the amount of $13,000,000. The briefing schedule shall be in accordance with paragraph 2.B of the Court's Individual Practices. Additionally, there appear to be two defendants other than Moses Stern that remain in this case: First Republic Group Realty, LLC, and First Republic Group Corp. See Third Amended Complaint, filed April 27, 2010 (Docket #405). It appears that both are in default in light of the fact that they are corporations and are no longer represented by attorneys. If plaintiffs seek a default judgment against either or both of these entities, they must file a motion for a default judgment no later than August 25, 2016. If no such motion is filed, the case will be dismissed as to these entities. So ordered. (Motions due by 8/25/2016.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/11/2016) (rjm)

August 11, 2016

Filing 862 REPORT AND RECOMMENDATION. For the reasons stated above, Amusement's motion for summary judgment against Moses Stern, a/k/a Mark Stern (Docket #828), should be granted in its entirety in the amount of $13,000,000. re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. filed by Amusement Industry, Inc., Practical Finance Co., Inc. (Objections to R&R due by 8/29/2016). (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2016) (rjm).

July 28, 2016

Filing 861 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)

July 28, 2016

Filing 860 MEMORANDUM OF LAW in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Pursuant to Order (Doc 855) to refile unredacted memorandum of law and unsealed, redacted exhibits. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit Unsealed Exhibit 2, #2 Exhibit Unsealed Exhibit 3, #3 Exhibit Unsealed Exhibit 4, #4 Exhibit Unsealed Exhibit 5, #5 Exhibit Unsealed Exhibit 6, #6 Exhibit Unsealed Exhibit 8, #7 Exhibit Unsealed Exhibit 17, #8 Exhibit Unsealed Exhibit 27, #9 Exhibit Unsealed Exhibit 29, #10 Exhibit Unsealed Exhibit 39, #11 Exhibit Unsealed Exhibit 40, #12 Exhibit Unsealed Exhibit 51, #13 Exhibit Unsealed Exhibit 76, #14 Exhibit Unsealed Exhibit 78, #15 Exhibit Unsealed Exhibit 81, #16 Exhibit Unsealed Exhibit 82, #17 Exhibit Unsealed Exhibit 83, #18 Exhibit Unsealed Exhibit 84, #19 Exhibit Unsealed Exhibit 104, #20 Exhibit Unsealed Exhibit 106, #21 Exhibit Unsealed Exhibit 109, #22 Exhibit Unsealed Exhibit 112, #23 Exhibit Unsealed Exhibit 120, #24 Exhibit Unsealed Exhibit 135, #25 Exhibit Unsealed Exhibit 137, #26 Exhibit Unsealed Exhibit 138, #27 Exhibit Unsealed Exhibit 140, #28 Exhibit Unsealed Exhibit 143, #29 Exhibit Unsealed Exhibit 144, #30 Exhibit Unsealed Exhibit 145, #31 Exhibit Unsealed Exhibit 148)(Hofsaess, John)

July 28, 2016

Filing 859 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #858 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [DOC 833 Unsealed]. Local Civil Rule 56.1 Statement of Undisputed Material Facts.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John) Modified on 7/28/2016 (db).

July 28, 2016

Filing 858 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [DOC 833 Unsealed]. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit Unsealed Exhibit 2, #2 Exhibit Unsealed Exhibit 3, #3 Exhibit Unsealed Exhibit 4, #4 Exhibit Unsealed Exhibit 5, #5 Exhibit Unsealed Exhibit 6, #6 Exhibit Unsealed Exhibit, #7 Exhibit Unsealed Exhibit 17, #8 Exhibit Unsealed Exhibit 27, #9 Exhibit Unsealed Exhibit 29, #10 Exhibit Unsealed Exhibit 39, #11 Exhibit Unsealed Exhibit 40, #12 Exhibit Unsealed Exhibit 51, #13 Exhibit Unsealed Exhibit 76, #14 Exhibit Unsealed Exhibit 78, #15 Exhibit Unsealed Exhibit 81, #16 Exhibit Unsealed Exhibit 82, #17 Exhibit Unsealed Exhibit 83, #18 Exhibit Unsealed Exhibit 84, #19 Exhibit Unsealed Exhibit 104, #20 Exhibit Unsealed Exhibit 106, #21 Exhibit Unsealed Exhibit 109, #22 Exhibit Unsealed Exhibit 112, #23 Exhibit Unsealed Exhibit 120, #24 Exhibit Unsealed Exhibit 135, #25 Exhibit Unsealed Exhibit 137, #26 Exhibit Unsealed Exhibit 138, #27 Exhibit Unsealed Exhibit 140, #28 Exhibit Unsealed Exhibit 143, #29 Exhibit Unsealed Exhibit 144, #30 Exhibit Unsealed Exhibit 145, #31 Exhibit Unsealed Exhibit 148)(Hofsaess, John) Modified on 7/28/2016 (db).

July 28, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Werner Hofsaess to RE-FILE Document #859 Memorandum of Law in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)

July 28, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Werner Hofsaess to RE-FILE Document #858 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [DOC 833 Unsealed]. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)

July 25, 2016

Filing 857 MEMO ENDORSEMENT on re: #856 Letter, filed by Amusement Industry, Inc., Practical Finance Co., Inc. ENDORSEMENT: As a result of the Amusement Parties review of the documents previously filed under seal and as set forth above, the Amusement Parties request permission to file the above-identified exhibits with redaction of the financial account numbers, and Safrin's personal identification information, and any other personal identification information of any person. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/25/2016) (lmb)

July 22, 2016

Filing 856 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated July 22, 2016 re: Justification for Redaction Consistent with Order [Doc 855]. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Hofsaess, John)

July 14, 2016

Filing 855 ORDER. The papers supporting plaintiffs' motion for summary judgment (Docket #828-36) contain numerous redactions - apparently based on designations made by the parties pursuant to the Stipulated Protective Order, filed May 14, 2008 (Docket #75). Having reviewed these materials, and based on the information currently before it, the Court does not believe the redactions can be justified under the standard articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), and as further specified and set forth in this Order. Plaintiffs are directed to re-file in unredacted form its filings in this matter to the extent the original filing contained redactions. There-filed submission shall otherwise duplicate the original filings, and thus shall preserve exhibit numbers. Such filing shall occur on or before July 29, 2016, except that if a party believes it can justify the redactions under the Lugosch standard, it may file a memorandum of law that justifies each redaction for which protection is sought. Any such memorandum shall be filed by July 22, 2016. If such a memorandum is filed, the July 29 deadline will be automatically stayed until further ruling from the Court. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/14/2016) (rjm)

July 14, 2016

Transmission to Sealed Records Clerk. Transmitted re: #855 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)

June 22, 2016

Filing 854 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 6/22/2016 re: respectfully request that you order my withdrawal from the above matters. ENDORSEMENT: Mr. Anand to be terminated as counsel for all parties he requests. SO ORDERED. Attorney Harvinder Singh Anand terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2016) (kl)

February 26, 2016

Filing 853 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)

February 26, 2016

Filing 852 DECLARATION of John W. Hofsaess in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 154, #2 Exhibit 155, #3 Exhibit 156, #4 Exhibit 157, #5 Exhibit 158, #6 Exhibit 159, #7 Exhibit 160, #8 Exhibit 161, #9 Exhibit 162, #10 Exhibit 163, #11 Exhibit 164, #12 Exhibit 165, #13 Exhibit 166, #14 Exhibit 167, #15 Exhibit 168, #16 Exhibit 169, #17 Exhibit 170, #18 Exhibit 171, #19 Exhibit 172)(Hofsaess, John)

February 26, 2016

Filing 851 REPLY MEMORANDUM OF LAW in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. . Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Anand, Harvinder)

January 22, 2016

Filing 850 DECLARATION of Brian K. Condon in Opposition re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Moses Stern(an individual), Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B)(Condon, Brian)

January 22, 2016

Filing 849 MEMORANDUM OF LAW in Opposition re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. . Document filed by Moses Stern(an individual), Moses Stern. (Condon, Brian)

January 22, 2016

Filing 848 RULE 56.1 STATEMENT., RESPONSE re: #834 Rule 56.1 Statement . Document filed by Moses Stern(an individual), Moses Stern. (Condon, Brian)

January 22, 2016

Filing 847 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Brian K. Condon in Opposition re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Moses Stern(an individual), Moses Stern. (Condon, Brian) Modified on 1/25/2016 (kj).

December 22, 2015

Filing 846 ORDER granting #845 LETTER MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Summary Judgment addressed to Magistrate Judge Gabriel W. Gorenstein from Brian K. Condon dated 12/21/15. Document filed by Mark Stern. Defendant's opposition shall be filed by January 22, 2016. Plaintiffs' reply shall be filed by February 26, 2016. There will be no extension of either deadline absent extraordinary circumstances demonstrated by a formal motion filed as soon as the need for an extension has arisen. The pre-motion conference for such a motion is waived. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/21/2015) (rjm)

December 22, 2015

Set/Reset Deadlines: Responses due by 1/22/2016. Replies due by 2/26/2016. (rjm)

December 21, 2015

Filing 845 LETTER MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Summary Judgment addressed to Magistrate Judge Gabriel W. Gorenstein from Brian K. Condon dated 12/21/15. Document filed by Mark Stern.(Condon, Brian)

December 18, 2015

Filing 844 ORDER regarding #843 Letter Motion for Extension of Time. This application is denied without prejudice for failure to comply with paragraph 1.E of the Court's Individual Practices. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.)

December 18, 2015

Filing 843 LETTER MOTION for Extension of Time to File Opposition to Plaintiff's Summary Judgment Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Brian K. Condon dated 12/18/15. Document filed by Mark Stern.(Condon, Brian)

December 18, 2015

Filing 842 NOTICE OF APPEARANCE by Brian K Condon on behalf of Mark Stern. (Condon, Brian)

December 18, 2015

Filing 841 NOTICE OF APPEARANCE by Brian K Condon on behalf of Mark Stern. (Condon, Brian)

November 12, 2015

Filing 840 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Moses Stern dated 11/10/2015 re: I respectfully ask from Your Honor and the Court an additional 45 days to respond to the summary judgement motion. ENDORSEMENT: Mr. Stern's original attorney was relieved in December 2013, almost two years ago. Mr. Stern stipulated that he would undertake to obtain all case files from his original attorney at that time (Docket #736). Thus, any efforts now on his part to seek an attorney or gather documents do not justify an extension. Nonetheless, the Court will grant the rather lengthy requested extension in light of his pro se status. The time for Mr. Stern to respond to the summary judgment motion is extended to December 28, 2015. Plaintiffs' response shall be filed on or before January 19, 2016. The Court notes that even if Mr. Stern plans to make efforts to hire an attorney, he should start work on the opposition to his motion now as it is unlikely that the Court will grant a further extension. Plaintiffs shall email a copy of this Order to Mr. Stern. So ordered. (Responses due by 12/28/2015. Replies due by 1/19/2016.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/12/2015) (rjm)

November 6, 2015

Filing 839 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Moses Stern dated 10/27/2015 Re: According to the September 24th conference call and docket 174 there's a mediation from all parties due on December 15th. I will attend that mediation, or in the alternative wait for the outcome of that mediation, and I would respectfully ask that the reply due on October 27th request for serving the subpoena be pushed back until after the mediation as well as the summary judgement reply. ENDORSEMENT: Regarding the attached letters, the Court is unsure if Mr. Stern is seeking an extension only of his time to respond to the plaintiff's letter regarding of his subpoenas - a deadline imposed in Amusement Indus. v. Midland Avenue Assocs., 10 Civ. 5064 - or whether he is also seeking to extend his time to respond to the summary judgment motion in Amusement Indus. v. Stern, 07 Civ. 11586. We will assume he is seeking both. The deadline for Mr. Stern to respond to the plaintiffs' opposition to his subpoenas was October 27, 2015 (Docket entry #179). Given Mr. Stern's refusal to say whether he will participate in the settlement conference, the Court is not sympathetic to a claim that the deadline should be extended based on the timing of that conference. Nonetheless, in light of the potential that Mr. Stern may attend, the Court will extend the due date of his response to December 29, 2015. Plaintiff's reply will be due January 8, 2016. If Mr. Stem decides definitively not to attend the settlement conference, he shall inform the Court as soon as he makes this decision, and the Court will advance the due date for his response. As for the deadline for Mr. Stem's response to the summary judgment motion in Amusement Indus. v. Stem, 07 Civ. 11586, there is no settlement conference planned in that case. Moreover, the summary judgment briefing in that case is going forward regardless of the outcome of the settlement conference in the Midland Avenue case. Additionally, the Court's disposition of the request for subpoenas in the Midland A venue case also has no bearing on the Stem case. Thus, the Court denies any request to delay the summary judgment briefing based on the scheduling of the settlement conference in the Midland A venue case or the timing of the resolution of the subpoena dispute. Mr. Stem's current deadline for responding to the summary judgment is November 13, 2015 (Docket #816). The Court assumes he will meet this deadline. If he needs more time to respond, he should send a new letter immediately, stating precisely how much more time he needs and why - and without regard to the settlement conference or his plans for discovery in the Midland A venue case. Plaintiff's counsel is directed to email a copy of this Order to all pro se parties. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/5/2015) (rjm) Modified on 11/18/2015 (rjm).

October 23, 2015

Filing 838 SEALED DOCUMENT placed in vault.(mps)

October 22, 2015

Filing 837 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 10/21/2015 re: To avoid duplicate filings and permit easier access of the complete filing, the Amusement Parties respectfully request permission to file under seal a single set of complete unredacted motion papers, and as further set forth and specified in this letter. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/22/2015) (rjm)

October 22, 2015

Transmission to Sealed Records Clerk. Transmitted re: #837 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)

October 21, 2015

Filing 836 NOTICE of of Errata for Exhibits to Declaration of John W. Hofsaess re: #833 Declaration in Support of Motion,,,,,,,,,,,,,. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Attachments: #1 Exhibit 67, #2 Exhibit 146, #3 Exhibit 148)(Hofsaess, John)

October 21, 2015

Filing 835 NOTICE of of Errata Concerning Rule 56.1 Statement re: #832 Rule 56.1 Statement. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)

October 21, 2015

Filing 834 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Hofsaess, John)

October 19, 2015

Filing 833 DECLARATION of John W. Hofsaess in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140, #141 Exhibit 141, #142 Exhibit 142, #143 Exhibit 143, #144 Exhibit 144, #145 Exhibit 145, #146 Exhibit 146, #147 Exhibit 147, #148 Exhibit 148, #149 Exhibit 149, #150 Exhibit 150, #151 Exhibit 151, #152 Exhibit 152, #153 Exhibit 153)(Anand, Harvinder)

October 19, 2015

Filing 832 RULE 56.1 STATEMENT. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Anand, Harvinder)

October 19, 2015

Filing 831 DECLARATION of Michael F. McGowan in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibits A through E)(Anand, Harvinder)

October 19, 2015

Filing 830 NOTICE of to Pro Se Litigant Who Opposes A Motion for Summary Judgment re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Anand, Harvinder)

October 19, 2015

Filing 829 MEMORANDUM OF LAW in Support re: #828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. [Redacted Publicly Filed Version]. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Anand, Harvinder)

October 19, 2015

Filing 828 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. Responses due by 11/13/2015(Anand, Harvinder)

October 19, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

October 19, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #821 Declaration in Support of Motion. ERROR(S): Document linked to filing error. ***REMINDER*** - When refiling this document, ATTACH ALL exhibits filed on documents [822-826] to this Declaration. DO NOT FILE duplicate main documents. (db)

October 19, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #820 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)

October 19, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Harvinder Singh Anand to RE-FILE Document #827 Memorandum of Law in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)

October 16, 2015

Filing 827 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Local Civil Rule 56.1 Statement of Undisputed Material Facts. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 826 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 131, #2 Exhibit 132, #3 Exhibit 133, #4 Exhibit 134, #5 Exhibit 135, #6 Exhibit 136, #7 Exhibit 137, #8 Exhibit 138, #9 Exhibit 139, #10 Exhibit 140, #11 Exhibit 141, #12 Exhibit 142, #13 Exhibit 143, #14 Exhibit 144, #15 Exhibit 145, #16 Exhibit 146, #17 Exhibit 147, #18 Exhibit 148, #19 Exhibit 149, #20 Exhibit 150, #21 Exhibit 151, #22 Exhibit 152, #23 Exhibit 153)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 825 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 91, #2 Exhibit 92, #3 Exhibit 93, #4 Exhibit 94, #5 Exhibit 95, #6 Exhibit 96, #7 Exhibit 97, #8 Exhibit 98, #9 Exhibit 99, #10 Exhibit 100, #11 Exhibit 101, #12 Exhibit 102, #13 Exhibit 103, #14 Exhibit 104, #15 Exhibit 105, #16 Errata 106, #17 Exhibit 107, #18 Exhibit 108, #19 Exhibit 109, #20 Exhibit 110, #21 Exhibit 111, #22 Exhibit 112, #23 Exhibit 113, #24 Exhibit 114, #25 Exhibit 115, #26 Exhibit 116, #27 Exhibit 117, #28 Exhibit 118, #29 Exhibit 119, #30 Exhibit 120, #31 Exhibit 121, #32 Exhibit 122, #33 Exhibit 123, #34 Errata 124, #35 Exhibit 125, #36 Exhibit 126, #37 Exhibit 127, #38 Exhibit 128, #39 Exhibit 129, #40 Exhibit 130)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 824 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70, #11 Exhibit 71, #12 Exhibit 72, #13 Exhibit 73, #14 Exhibit 74, #15 Exhibit 75, #16 Exhibit 76, #17 Exhibit 77, #18 Exhibit 78, #19 Exhibit 79, #20 Exhibit 80, #21 Exhibit 81, #22 Exhibit 82, #23 Exhibit 83, #24 Exhibit 84, #25 Exhibit 85, #26 Exhibit 86, #27 Exhibit 87, #28 Exhibit 88, #29 Exhibit 89, #30 Exhibit 90)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 823 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40, #11 Exhibit 41, #12 Exhibit 42, #13 Exhibit 43, #14 Exhibit 44, #15 Exhibit 45, #16 Exhibit 46, #17 Exhibit 47, #18 Exhibit 48, #19 Exhibit 49, #20 Exhibit 50, #21 Exhibit 51, #22 Exhibit 52, #23 Exhibit 53, #24 Exhibit 54, #25 Exhibit 55, #26 Exhibit 56, #27 Exhibit 57, #28 Exhibit 58, #29 Exhibit 59, #30 Exhibit 60)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 822 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 821 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John W. Hofsaess in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 820 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael F. McGowan in Support re: #819 MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibits A through E)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 16, 2015

Filing 819 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment on Fraud, Conversion, Conspiracy, and Unjust Enrichment Counts, and Compensatory Damages. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). Responses due by 11/13/2015 (Attachments: #1 Notice to Pro Se Litigant, #2 Memorandum of Points and Authorities)(Anand, Harvinder) Modified on 10/19/2015 (db).

October 1, 2015

Filing 818 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Avery Egert ("Egert"), The Safrin Group, LLC a/k/a The Sovereign Group ("TSG," and together with Egert, the "Egert Parties") and Joshua Safrin ("Safrin," and together with the Egert Parties, the "Safrin/Egert Parties"), by and through their undersigned counsel, and Ephraim Frenkel ("Frenkel") and Land Title Associates Agency, LLC a/k/a Land Title Associates ("LTA," and together with Frenkel, the "Frenkel Parties"), as follows: 1. The claims and causes of action asserted by the Safrin/Egert Parties against the Frenkel Parties in the above-captioned action are dismissed with prejudice and without costs. 2. The claims and causes of action asserted by the Frenkel Parties against the Safrin/Egert Parties in the above-captioned action are dismissed with prejudice and without costs. This Stipulation may be signed in counterparts, and facsimile or PDF signatures shall be treated as originals. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/1/2015) (rjm)

September 28, 2015

Filing 817 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Alevy"), and Steven Alevy dba Bankers Capital Realty Advisors ("Bankers Capital"), by and through their undersigned counsel, and Ephraim Frenkel ("Frenkel"), and Land Title Associates Agency, LLC dba Land Title Associates ("LTA"), as follows: All claims and causes of action asserted by Amusement and Practical against Frenkel and LTA in the above-captioned action, including in their Third Amended Complaint filed April27, 2010 [Docket #405], are dismissed with prejudice and without costs. All claims and causes of action asserted by Frenkel and LTA against Alevy and Bankers Capital in the above captioned action, including in their Crossclaim filed on June 30, 2011 [Docket # 600], and their Crossclaim filed on September 16, 2010 [Docket #509], are dismissed with prejudice and without costs. All claims and causes of action asserted by A levy and Bankers Capital against Frenkel and LTA in the above captioned action, including in their Crossclaim filed on September 2, 2010 [Docket #497], are dismissed with prejudice and without costs. Frenkel and LTA have asserted no claims or causes of action against Amusement or Practical in the above captioned action, and as further set forth in this Stipulation and Order of Dismissal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2015) (rjm)

September 21, 2015

Filing 816 ORDER. In response to plaintiffs' letter of September 11, 2015 (Docket # 814 ), the pre-motion conference requirement is waived. The proposed summary judgment motion shall be filed on or before October 16, 2015. Defendants' response shall be filed on or before November 13, 2015. Plaintiffs may file any reply on or before December 4, 2015, and as further set forth in this Order. (Motions due by 10/16/2015. Responses due by 11/13/2015. Replies due by 12/4/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2015) (rjm)

September 16, 2015

Filing 815 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Avery Egert ("Egert"), The Safrin Group, LLC a/k/a The Sovereign Group ("TSG," and together with Egert, the "Egert Parties") and Joshua Safrin ("Safrin," and together with the Egert Parties, the "Safrin/Egert Parties"), by and through their undersigned counsel, and Mark Stern ("Stern") and First Republic Group Corp. ("FRG Corp., and together with Stern, the "Stern Parties"), as follows: 1. The claims and causes of action asserted by the Safrin/Egert Parties against the Stern Parties in the above-captioned action are dismissed with prejudice and without costs. 2. The claims and causes of action asserted by the Stern Parties against the Safrin/Egert Parties in the above-captioned action are dismissed with prejudice and without costs. This Stipulation may be signed in counterparts, and facsimile or PDF signatures shall be treated as originals. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/11/2015) (rjm). Modified on 9/17/2015 (rjm).

September 11, 2015

Filing 814 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 09/11/2015 re: Request for a Pre-Motion Conference. Document filed by Amusement Industry, Inc..(Anand, Harvinder)

September 10, 2015

Filing 813 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Elissa E. Koolyk dated 9/10/2015 re: I respectfully request that you please order my withdrawal and order that my name be removed from the ECF system in connection with the above litigations. ENDORSEMENT: Granted. So ordered. Attorney Elissa E. Koolyk terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/10/2015) (rjm)

September 4, 2015

Filing 812 ORDER granting #811 Letter Motion for Extension of Time. The deadline to request the filing of a summary judgment motion is extended to September 30, 2015, for all parties. Mr. Rakower shall transmit this Order to any pro se party forthwith. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.)

September 4, 2015

Filing 811 LETTER MOTION for Extension of Time to file any request for permission to make summary judgment motions against the Stern and Frenkel Parties, addressed to Magistrate Judge Gabriel W. Gorenstein from Michael Rakower dated September 4, 2015. Document filed by Avery Egert.(Rakower, Michael)

August 26, 2015

Filing 810 DOCKET ANNOTATION: In light of the letter from plaintiffs dated August 26, 2015, the time for the Amusement parties to make a request for permission to file a summary judgment motion as to the Frenkel parties is extended to September 30, 2015. (Gorenstein, Hon. Gabriel W.)

August 21, 2015

Filing 809 ORDER. Discovery having closed in this matter, the parties are directed to file, on or before September 4, 2015, any request for permission to make summary judgment motions. The letter should describe the proposed motions succinctly. The Court will thereafter set a briefing schedule for any requested motion. If no party makes such a request, the Court will set a deadline for the submission of pre-trial order materials. Plaintiffs are directed to transmit this Order to Moses Stern and to confirm with Moses Stern that he has received it. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/21/2015) (rjm)

July 6, 2015

Filing 808 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 7/6/2015 re: The parties are to report to the Court by no later than August 20, 2015, on the status of settlement discussions. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/6/2015) (rjm)

July 1, 2015

Filing 807 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Alevy"), and Steven Alevy dba Bankers Capital Realty Advisors ("Bankers Capital"), by and through their undersigned counsel, and Avery Egert ("Egert"), and The Safrin Group, LLC dba The Sovereign Group ("Safrin Group"), by and through their undersigned counsel, (hereinafter collectively the "Parties"), as follows: All claims and causes of action asserted by Amusement and Practical against Egert in the above-captioned action, including in their Third Amended Complaint filed April 27, 2010 [Docket #405], are dismissed with prejudice and without costs. All claims and causes of action asserted by Egert against Alevy and Bankers Capital in the above captioned action, including in their Crossclaim filed on March 22, 2010 [Docket# 384], are dismissed with prejudice and without costs. All claims and causes of action asserted by Alevy and Bankers Capital against Egert in the above captioned action, including in their Crossclaim filed on September 2, 2010 [Docket #497], are dismissed with prejudice and without costs, and as further set forth in this Stipulation and Order of Dismissal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/1/2015) (rjm)

June 30, 2015

Filing 806 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6-30-15 re: Settlement between the Egert Parties and Amusement Parties. Document filed by Avery Egert.(Rakower, Michael)

June 12, 2015

Filing 805 AMENDED ANSWER to #575 Answer to Amended Complaint, Crossclaim, Counterclaim,,,., CROSSCLAIM against First Republic Group Corp.. Document filed by Avery Egert. (Rakower, Michael)

June 12, 2015

Filing 804 SECOND ORDER PERMITING AVERY EGERT TO AMEND PLEADING TO ADD DEFENSE UNDER N.Y. GOB. LAW 15-108. IT IS HEREBY ORDERED that: (1) Avery Egert may amend his pleading in response to FRGC's contribution claim for the limited purpose of adding a defense based on N.Y. GOB. LAW 15-108 (the "Amended Pleading"); (2) the Amended Pleading shall be filed and served on or before June 22, 2015; (3) service of the Amended Pleading upon Stern by email at mstern109@gmail.com shall be deemed good and sufficient; and (4) Counsel shall serve a copy of this Order on Stern forthwith. (Amended Pleadings due by 6/22/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/12/2015) (rjm)

June 10, 2015

Filing 803 AMENDED ANSWER to #383 Amended Complaint,. Document filed by Avery Egert. (Rakower, Michael)

June 10, 2015

Filing 802 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/10/2015 re: Proposed Order and Amendment to Pleading. Document filed by Avery Egert.(Rakower, Michael)

June 8, 2015

Filing 801 ORDER PERMITTING AVERY EGERT TO AMEND PLEADING TO ADD DEFENSE UNDER N.Y. GOB. LAW 15-108. IT IS HEREBY ORDERED that: (1) Avery Egert may amend his pleading in response to Stern's contribution claim for the limited purpose of adding a defense based on N.Y. GOB. LAW 15-108 (the "Amended Pleading"); (2) the Amended Pleading shall be filed and served on or before June 22, 2015; and (3) service of the Amended Pleading upon Stern by email at mstern109@gmail.com shall be deemed good and sufficient. (4) Counsel shall serve a copy of this Order on Mr. Stern forthwith. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/8/2015) (rjm)

June 8, 2015

Filing 800 ORDER granting #798 Letter Motion for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/4/2015. Granted. Please serve this Order on Mr. Stern. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/8/2015) (kko)

June 5, 2015

Filing 799 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/5/2015 re: Proposed Order. Document filed by Avery Egert.(Rakower, Michael)

June 4, 2015

Filing 798 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/4/2015. Document filed by Avery Egert.(Rakower, Michael)

May 18, 2015

Filing 797 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Moses Stern dated 5/15/2015 re: I am writing here to ask the court respectfully, for an extension until May 26 so that I can review with counsel what these motions mean to me in this case. ENDORSEMENT: Extension to May 26 granted. Counsel for Egert shall serve this Order on Mr. Stern. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/2015) (rjm)

May 7, 2015

Filing 796 ORDER. The Court is in receipt of a letter dated May 6, 2015, from the parties (Docket #795). The relief requested therein is granted in part. The conference to discuss the discovery dispute raised in the letter dated April 1, 2015, is adjourned sine die. The parties shall file a letter on or before June 4, 2015, regarding the status of their settlement discussions. The Court will reschedule the discovery conference upon receipt of that letter in the event there is no settlement between the relevant parties, and as further set forth. Granting in part #795 Letter Motion to Adjourn Conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/7/2015) (rjm)

May 6, 2015

Filing 795 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated May 6, 2015. Document filed by Avery Egert.(Rakower, Michael)

April 16, 2015

Filing 794 ORDER: A conference to discuss the discovery dispute raised in the letter dated April 1, 2015, will take place on Thursday, May 14, 2015, at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. Each attorney is directed to ensure that all other attorneys are aware of the conference date and time. In addition, any requests for an adjournment must be made in compliance with paragraph 1.F of Judge Gorenstein's Individual Practices (available at: http://nysd.uscourts.gov/judge/Gorenstein). (Status Conference set for 5/14/2015 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2015) (kko)

April 13, 2015

Filing 793 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated April 13, 2015 re: Response to Documents 790 and 791. Document filed by Avery Egert. (Attachments: #1 Exhibit Steven Alevys Initial Disclosures, #2 Exhibit Cover Letters re Supplemental Production, #3 Exhibit Document Request re Settlement Agreement, #4 Exhibit Document Request re Engagement Letter, #5 Exhibit Email from Egert Parties to Amusement Parties re Case History, #6 Exhibit Analysis of Deleted Text Messages, #7 Exhibit Joint Letter to Court re Case Status, #8 Exhibit Email from Egert Parties to Amusement Parties re Further Required Searches)(Rakower, Michael)

April 9, 2015

Filing 792 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated April 9, 2015 re: Request for Permission to File Reply to Letter Submitted by Amusement Parties on April 7, 2015. Document filed by Avery Egert.(Rakower, Michael)

April 8, 2015

Filing 791 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated April 8, 2015 re: Correction to Letter filed 4/7/2015 Document 790. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation).(Anand, Harvinder)

April 7, 2015

Filing 790 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated April 7, 2015 re: Response to Document 787. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc..(Anand, Harvinder)

April 3, 2015

Filing 789 ORDER granting #787 Letter Motion for Extension of Time. The deadline for the parties to submit letters requesting permission to make a dispositive motion is extended until 30 days following the Court's ruling on the discovery dispute raised in docket #787. Any response to docket # 787 shall be made by April 7, 2015. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.)

April 1, 2015

Filing 788 ORDER OF DISMISSAL: It is hereby ORDERED pursuant to FED. R. Civ. P. 41(a)(2) and (c) that BIR and Friedman are DISMISSED from the above-captioned Action with prejudice and without costs. SO ORDERED. (See Order.) Stephen Friedman, Stephen Friedman (an individual), Stephen Friedman, Buchanan Ingersoll & Rooney, P.C. (a Pennsylvania professional corporation) and Buchanan Ingersoll & Rooney, P.C. (a Pennsylvania professional corporation) terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/1/2015) (ajs)

April 1, 2015

Filing 787 LETTER MOTION for Extension of Time to Submit Pre-Motion Letters for Dispositive Motions (and Requesting Pre-Motion Conference re Discovery Disputes) addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 4/1/15. Document filed by Avery Egert. (Attachments: #1 Exhibit Example of Redacted Entry, #2 Exhibit Excerpt from Steven Alevy's Transcript, #3 Exhibit Excerpt from transcript of court hearing)(Rakower, Michael)

April 1, 2015

Filing 786 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among (1) Buchanan Ingersoll & Rooney PC ("BIR") and Stephen Friedman ("Friedman"), by and through their undersigned counsel, and (2) Ephraim Frenkel ("Frenkel") and Land Title Associates Agency, LLC ("LTA" and, together with Frenkel, BIR and Friedman, the "Stipulating Parties"), that all claims and causes of action asserted between the Stipulating Parties in the above-captioned action are dismissed with prejudice and without costs. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2015) (ama)

April 1, 2015

Filing 785 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Joshua Safrin ("Safrin"), Avery Egert ("Egert"), The Safrin Group, LLC a/k/a The Sovereign Group ("TSG" and, together with Egert and Safrin, the "Safrin/Egert Parties"), by and through their undersigned counsel, and Buchanan Ingersoll & Rooney PC ("BIR") and Stephen Friedman ("Friedman" and, together with BIR, the "BIR Parties"), by and through their undersigned counsel, as follows: The claims and causes of action asserted by the Safrin/Egert Parties against the BIR Parties in the above-captioned action are dismissed with prejudice and without costs. The claims and causes of action asserted by the BIR Parties against the Safrin/Egert Parties in the above-captioned action are dismissed with prejudice and without costs. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2015) (ama)

April 1, 2015

Filing 784 STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2), by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Alevy"), and Steven Alevy d/b/a Bankers Capital Realty Advisors ("BankersCapital"), by and through their undersigned counsel, and Buchanan Ingersoll & Rooney PC ("BIR"), and Stephen Friedman ("Friedman"), by and through their undersigned counsel, as follows: All claims and causes of action asserted by Steven Alevy and Bankers Capital against BIR and Friedman in the above captioned action, including in their Fourth Amended Answer to the Third Party Complaint of Defendant Safrin, Counterclaims against Safrin, and Cross-claims against Stern, Egert, First Republic, Frenkel, Land Title, Stephen Friedman andBuchanan Ingersoll & Rooney, filed September 2, 2010 [Docket# 497], are dismissed with prejudice and without costs. All claims and causes of action asserted by BIR and Friedman against Steven Alevy and Bankers Capital in the above-captioned action, including in (a) BlR's Answer to Safrin's Third Amended Third-party Complaint and Cross-claims, filed on April 29, 2011 [Docket# 574], and (b) Friedman's Answer to Safrin's Third Amended Third-party Complaintand Cross-claims, filed on April 29, 2011 [Docket # 578], are dismissed with prejudice and without costs. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2015) (ama)

April 1, 2015

Set/Reset Deadlines: (ama)

February 26, 2015

Filing 783 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 2/25/2015 re: On behalf of all the parties, I write to inform the Court of the status of these two matters and to request a brief adjournment of the two remaining deadlines in the Stern Action. ENDORSEMENT: So ordered. (Deposition due by 4/3/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/26/2015) (rjm)

October 14, 2014

Filing 782 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jeffrey H. Zaiger dated 10/10/2014 re: I write on behalf of all parties to respectfully request a brief adjournment of the dates set forth in a September 10, 2014 letter previously endorsed by the Court (ECF No. 779). ENDORSEMENT: So ordered. (Deposition due by 2/27/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/10/2014) (rjm)

September 30, 2014

Filing 781 STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS WITH PREJUDICE AND WITHOUT COSTS. IT IS HEREBY STIPULATED AND AGREED by and among Amusement Industry Inc. ("Amusement"), Practical Finance Co., Inc. ("Practical"), Steven Alevy ("Steven Alevy") and Steven Alevy d/b/a Bankers Capital Realty Advisors ("Bankers Capital"), by and through their undersigned counsel, and Joshua Safrin ("Safrin"), by and through his undersigned counsel, (hereinafter collectively the "Parties"), agree as follows: 1. The claims and causes of action asserted by Amusement and Practical against Safrin in the Third Amended Complaint filed April 27, 2010 [Docket #405] are dismissed with prejudice and without costs. 2. The cross-claims and causes of action asserted by Steven Alevy and Bankers Capital against Safrin in Steven Alevy and Banker Capital's Answer to Safrin's Third Amended Third-Party Complaint and Cross-Claim against Safrin filed September 2, 2010 [Docket #497] are dismissed with prejudice and without costs. 3. The third-party claims and causes of action asserted by Safrin against Steven Alevy and Bankers Capital in Safrin's Third Amended Third-Party Complaint filed on May 7, 2010 [Docket #423] are dismissed with prejudice and without costs. 4. The Parties' other claims shall remain pending for independent adjudication. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2014) (rjm)

September 11, 2014

Filing 780 OPINION and Order #104711 re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . filed by Joshua Safrin, Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., The Safrin Group, LLC. The Moving Parties motion to amend their pleadings (Docket # 755) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 09/10/14) (Gonzalez, Sylvia) Modified on 9/12/2014 (ca).

September 10, 2014

Filing 779 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand dated 9/9/2014 re: All parties respectfully request that the Court modify the schedule it set in Stern on August 21, 2014 (ECF No. 776) as further specified in this letter. ENDORSEMENT: So ordered. (Deposition due by 2/11/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/10/2014) (rjm)

August 25, 2014

Filing 778 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Proceeding proceeding held on 05/26/2009 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...(ca)

August 25, 2014

Filing 777 TRANSCRIPT of Proceedings re: PROCEEDING held on 5/26/2009 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/18/2014. Redacted Transcript Deadline set for 9/29/2014. Release of Transcript Restriction set for 12/1/2014.(ca)

August 21, 2014

Set/Reset Deadlines: Deposition due by 1/16/2015. (ja)

August 21, 2014

Filing 776 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Harvinder S. Anand, dated 8/20/2014, re: request on behalf of the parties that the Court modify the existing schedule in each matter: Expert Deposition Cutoff new date 1/16/2015 and as further set forth herein. ENDORSEMENT: Granted. (Deposition due by 1/16/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2014) (ja) Modified on 8/21/2014 (ja). Modified on 8/26/2014 (ja).

August 8, 2014

Filing 775 ORDER: Attorneys Craig Harry Missakian and Mariana L. Aguilar are hereby terminated as attorneys in all three matters. The Clerk is requested to so conform each docket sheet. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/07/2014) (ama)

August 7, 2014

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 8/7/2014. Plaintiff's application for a stay of 120 days is denied. Deposition of Mr. Friedman to occur at the beginning of September. Parties in the 07 case to propose a new schedule that has expert disclosures shortly after the completion of the Friedman deposition. Parties in the 10 and 11 cases should present new proposed schedules.. (Gonzalez, Sylvia)

August 7, 2014

Filing 774 ORDER granting #773 Motion for Harvinder S. Anand to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)

August 7, 2014

Filing 773 MOTION for Harvinder S. Anand to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Anand, Harvinder)

August 7, 2014

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #773 MOTION for Harvinder S. Anand to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

August 1, 2014

Filing 772 ORDER: A telephone conference to discuss the matter raised in plaintiff's letter dated August 1, 2014, will take place on Thursday, August 7, 2014, at 4:00 p.m. Anyone objecting to the relief sought should submit a responsive letter in accordance with paragraph 2.A of this Court's Individual Practices. It is the Court's intention to decide the matter based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. And as set forth herein. SO ORDERED.( Telephone Conference set for 8/7/2014 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/01/2014) (ama)

August 1, 2014

Filing 771 NOTICE OF CHANGE OF ADDRESS by John Werner Hofsaess, Jr on behalf of Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. New Address: Amusement Industry, Inc., 520 W. Willow Street, Long Beach, CA, 90806, (310) 639-7130. (Hofsaess, John)

August 1, 2014

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #770 MOTION for Harvinder S. Anand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9953912. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Missing Certificate of Good Standing from the Supreme Court of California with the Clerk of Court's signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (sdi)

July 31, 2014

Filing 770 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Harvinder S. Anand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9953912. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Anand, Harvinder) Modified on 8/1/2014 (sdi).

July 8, 2014

Filing 769 NOTICE OF CHANGE OF ADDRESS by Mariana L. Aguilar on behalf of All Plaintiffs. New Address: Amusement Industry, Inc., 520 W. Willow Street, Long Beach, California, 90806, (310) 639-7130. (Aguilar, Mariana)

June 30, 2014

Filing 768 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/30/2014 re: On behalf of the parties in Stern, I therefore respectfully request that the Court allow the deposition of Stephen Friedman to occur after the current discovery cutoff of June 30, 2014 and that it modify the existing schedule in Stern as follows: Opening Expert Reports: 8/22/14; Rebuttal Expert Reports: 10/10/14; Expert Depositions Cutoff: 11/21/2014; Pre-Motion Letter for Dispositive Motions: 11/21/14. ENDORSEMENT: Granted. SO ORDERED., ( Deposition due by 11/21/2014., Motions due by 11/21/2014.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/30/2014) (ama)

June 16, 2014

Filing 767 DECLARATION of THOMAS M. WOOD, IV in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Rakower, Michael)

June 16, 2014

Filing 766 DECLARATION of CRAIG H. MISSAKIAN in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Rakower, Michael)

June 16, 2014

Filing 765 REPLY MEMORANDUM OF LAW in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Amusement Industry, Inc., Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Rakower, Michael)

May 30, 2014

Filing 764 MEMORANDUM OF LAW in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Stephen Friedman. (Chu, Justin)

May 30, 2014

Filing 763 DECLARATION of David F. Bayne in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Joseph, Gregory)

May 30, 2014

Filing 762 DECLARATION of Jeffrey H. Zaiger in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Joseph, Gregory)

May 30, 2014

Filing 761 MEMORANDUM OF LAW in Opposition re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Joseph, Gregory)

May 9, 2014

Filing 760 STIPULATION AND ORDER FOR THE SUBSTITUTION OF COUNSEL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that upon leave of the Court being granted pursuant to S.D.N.Y. Local Civil Rule 1.4, Joseph Hage Aaronson LLC be substituted as attorneys of record for Buchanan in the above-captioned matter in place of Akerman as of the date hereof. It is also ORDERED that this Court retains jurisdiction with respect to any application made by any party relating to the conduct of the outgoing attorneys during the time they served as counsel for any party in this case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/09/2014) (ama)

May 9, 2014

Filing 759 DECLARATION of Mariana Aguilar in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Amusement Industry, Inc.(a California Corporation), Pratical Finance Co., Inc.. (Attachments: #1 Exhibit A-Proposed Fourth Amended Complaint; Demand for Jury Trial, #2 Exhibit B-Proposed Summons for Plaintiffs' Proposed Fourth Amended Complaint; Demand for Jury Trial)(Wood, Thomas)

May 9, 2014

Filing 758 DECLARATION of Thomas M. Wood, IV in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Joshua Safrin, Joshua Safrin. (Attachments: #1 Exhibit A Proposed Fourth Amended Third Party Complaint, #2 Exhibit B-Proposed Answer to Fourth Amended Complaint, Affirmative Defenses, Crossclaims and Demand for Jury Trial, #3 Exhibit C-Proposed Summons for Stephen Stern, #4 Exhibit D-Proposed Summons for The Hoffinger Firm)(Wood, Thomas)

May 9, 2014

Filing 757 DECLARATION of Michael C. Rakower in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, .. Document filed by Avery Egert. (Attachments: #1 Exhibit Proposed Answer to Proposed Fourth Amended Complaint -- Clean (1-A) and Tracked (1-B), #2 Exhibit Proposed Summons to Hoffinger Firm, #3 Exhibit Proposed Summons to Stephen R. Stern)(Rakower, Michael)

May 9, 2014

Filing 756 JOINT MEMORANDUM OF LAW in Support re: #755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . . Document filed by Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC. (Wood, Thomas)

May 9, 2014

Filing 755 JOINT MOTION to Amend/Correct #384 Answer to Complaint, Crossclaim,, #423 Third Party Complaint, #405 Amended Complaint, . Document filed by Amusement Industry, Inc.(a California Corporation), Avery Egert, Practical Finance Co., Inc., Joshua Safrin(an individual), The Safrin Group, LLC.(Wood, Thomas)

May 9, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Thomas Moss Wood to RE-FILE Document #753 Declaration in Support of Motion, #752 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)

May 9, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Thomas Moss Wood to RE-FILE Document #751 JOINT MOTION to Amend/Correct Their Pleadings. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

May 9, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael C. Rakower to RE-FILE Document #754 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)

May 8, 2014

Filing 754 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael C. Rakower in Support re: #751 JOINT MOTION to Amend/Correct Their Pleadings.. Document filed by Avery Egert. (Attachments: #1 Exhibit Proposed Answer to Proposed Fourth Amended Complaint -- Clean (1-A) and Tracked (1-B), #2 Exhibit Proposed Summons to Hoffinger Firm, #3 Exhibit Proposed Summons to Stephen R. Stern)(Rakower, Michael) Modified on 5/9/2014 (db).

May 8, 2014

Filing 753 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mariana Aguilar in Support re: #751 JOINT MOTION to Amend/Correct Their Pleadings.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit A- Proposed Fourth Amended Complaint, #2 Exhibit B- Proposed summons)(Wood, Thomas) Modified on 5/9/2014 (db).

May 8, 2014

Filing 752 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas M. Wood in Support re: #751 JOINT MOTION to Amend/Correct Their Pleadings.. Document filed by Joshua Safrin, Joshua Safrin(an individual). (Attachments: #1 Exhibit A-Proposed Fourth Amended Third Party Complaint, #2 Exhibit B-Proposed Answer, Affirmative Defenses and Cross Claims, #3 Exhibit C - Summons, #4 Errata D - Summons)(Wood, Thomas) Modified on 5/9/2014 (db).

May 8, 2014

Filing 751 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION to Amend/Correct Their Pleadings. Document filed by Amusement Industry, Inc., Avery Egert, Pratical Finance Co., Inc.(a California corporation), Joshua Safrin(an individual), The Safrin Group, LLC. (Attachments: #1 Memorandum)(Wood, Thomas) Modified on 5/9/2014 (db).

May 7, 2014

Filing 750 ORDER: With respect to the letter from Joshua Safrin and other parties dated May 6, 2014, the pre-motion conference requirement for the proposed motion to amend is waived. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/07/2014) (ama)

May 2, 2014

Filing 749 CERTIFICATE OF SERVICE of ECF Nos. 744-748 served on Mark Stern, Ephraim Frenkel on 05/02/2014. Service was made by MAIL. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Solomon, Courtney)

May 2, 2014

Filing 748 DECLARATION of Courtney A. Solomon Local Civil Rule 1.4 Declaration in Support of Proposed Order for Substitution of Counsel. Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Appendix Stipulation and [Proposed] Order for Substitution of Counsel)(Solomon, Courtney)

May 2, 2014

Filing 747 NOTICE OF APPEARANCE by Courtney Alyssa Solomon on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Solomon, Courtney)

May 2, 2014

Filing 746 NOTICE OF APPEARANCE by Jeffrey Harrison Zaiger on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Zaiger, Jeffrey)

May 2, 2014

Filing 745 NOTICE OF APPEARANCE by Douglas J. Pepe on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Pepe, Douglas)

May 2, 2014

Filing 744 NOTICE OF APPEARANCE by Gregory P. Joseph on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Joseph, Gregory)

April 15, 2014

Filing 743 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 03/27/2014 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...(ca)

April 15, 2014

Filing 742 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 3/27/2014 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 5/9/2014. Redacted Transcript Deadline set for 5/19/2014. Release of Transcript Restriction set for 7/17/2014.(ca) (Main Document 742 replaced on 4/15/2014) (ca).

March 28, 2014

Filing 741 AMENDED SCHEDULES: Deposition due by 10/17/2014. Discovery due by 6/30/2014. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/27/2014) (kgo) Modified on 3/28/2014 (kgo).

March 27, 2014

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 3/27/2014. Discovery orders issued. See transcript. (Gonzalez, Sylvia)

March 21, 2014

Filing 740 ORDER: A telephone conference to discuss the discovery dispute raised in the letter dated March 20,2014, will take place on Thursday, March 27, 2014 at 9:45 a.m. A responsive letter should be submitted in accordance with paragraph 2.A of this Court's Individual Practices. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. And as set forth herein. SO ORDERED. ( Telephone Conference set for 3/27/2014 at 09:45 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/21/2014) (ama)

March 17, 2014

Filing 739 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 3/14/2014 re: I am writing to request that the Court lift the stay on discovery and adopt a new schedule of dates. I will propose a schedule to the other parties within the next week. I will then either submit the proposed schedule to the Court for its approval or report back that the parties could not agree and request a status conference to obtain the Court's help. ENDORSEMENT: If you can't agree, all parties should submit competing schedules with explanations by letter on or before March 25, 2014, (plaintiff to send copies of all Court orders to pro se defendants) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/14/2014) (ama)

February 24, 2014

Filing 738 ORDER PURSUANT TO FED. R. EVID. 502(d): Disclosure to other parties by Mark Stern and First Republic Group Corp. of the material described in the attached stipulation shall not be deemed to result in any waiver of privilege or protection. See Fed. R. Civ. P. 502(d) (no waiver in either Federal or State court). In addition, such disclosure shall not be deemed to waive any legally permissible objection. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/24/2014) (ama)

January 28, 2014

Filing 737 ORDER: The stay of discovery is continued as to all three cases until March 10, 2014. This shall not prevent the parties from scheduling depositions in these cases to begin on or after March 24, 2014. All parties shall cooperate fully in the scheduling of any depositions. Any disputes about scheduling may be brought to the Court's attention notwithstanding the stay. Plaintiffs are responsible for ensuring that all pro se defendants are sent a copy of this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2014) (lmb)

December 11, 2013

Filing 736 STIPULATION AND CONSENT OF MARK STERN, FIRST REPUBLIC GROUP CORP., MIDLAND AVENUE ASSOCIATES, LLC AND SME INTERNATIONAL ASSOCIATES, INC. TO RELIEVING AS THEIR COUNSEL THE LAW OFFICES OF STEPHEN R. STERN, P.C. AND IT'S ATTORNEYS: NOW, THEREFORE, it is agreed by and between the Parties and the Law Offices of Stephen R. Stem, P.C. as follows: The Parties consent to the withdrawal of the Law Offices of Stephen R. Stern, P.C. as counsel for the parties. Moses Stern, aka Mark Stern, will appear pro se or will retain new counsel; his contact information follows: Mark Stern, 35 Ramsen Avenue, Monsey, New York 10952; 212-203-2333; email address: mstern109@gmail.com. The entities First Republic Group Corp., Midland Avenue Associates, LLC and SME International Associates, Inc. are aware of their obligation to appear by counsel and are aware of the possibility of default judgments being taken in the event any or all of them fail to retain counsel. Mark Stern, on behalf of himself and the entities First Republic Group Corp., Midland Avenue Associates, LLC and SME International Associates, Inc. will arrange to pick up files relating to the case by no later than December 30, 2013. Stephen R. Stern and Mark W. Geisler are relieved as counsel for all parties for whom they have appeared with the exception of their appearance on behalf of Stephen Stern in 10 Civ. 5064. The Clerk is requested to terminate their appearances on the docket sheet with respect to all parties except Stephen Stern. Mr, Moses (Mark) Stern shall proceed pro se. The Clerk is requested to note his contact information (in paragraph 2 above) on the docket sheets. Mr. Moses (Mark) Stern must immediately inform the Court and all other parties or counsel of any change in his email, street address or telephone number. This Court retains jurisdiction with respect to any application made by any party relating to the conduct of Mr. Stephen R. Stern or Mr. Mark W. Geisler during the time they served as counsel for any party in this case. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2013) (rsh)

December 6, 2013

Filing 735 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 12/5/2013 re: This firm is counsel for defendants Moses (Mark) Stern and First Republic Group Corp. Enclosed is a courtesy copy of the Stipulation and Consent of Mark Stern, First Republic Group Corp., Midland A venue Associates, LLC and SME International Associates, Inc. to Relieving as Their Counsel the Law Offices of Stephen R. Stern, P.C. and Its Attorneys. ENDORSEMENT: The hearing will proceed as scheduled on December 11, 2013 at 9:30 a.m. The Court will decide at that time whether it will sign the stipulation. Any party objecting to the relief sought in the stipulation shall send a letter to the Court by Tuesday, December 10 at 12:00 noon so stating. Mr. Moses Stern must attend the December 11 hearing either personally or by telephone. All individuals attending in person should arrive early so that the conference may begin promptly at 9:30. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/5/2013) (rsh)

December 6, 2013

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Mark W. Geisler to E-MAIL Document No. #734 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)

December 4, 2013

Filing 734 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE to Motion re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Stipulation and Consent of Mark Stern and First Republic Group Corp. to withdrawal of counsel. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark) Modified on 12/6/2013 (db).

November 26, 2013

Filing 733 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/26/2013 re: Amusement respectfully requests that the dates ordered by the Court on August 20, 2013 in Docket Nos. 708, 118, and 105 be vacated and that a status conference be set for February 5, 2014 or another day that week for the purpose of reporting to the Court on the outcome of the mediation and selecting new dates to the extent necessary. ENDORSEMENT: Discovery is stayed in all three cases. Plaintiffs counsel shall report on the case status by letter on or before February 5, 2014. A conference will be set thereafter if appropriate or desired by the parties. This Order does not affect the motion to withdraw, which remains scheduled for a hearing on December 11, 2013, at 9:30 a.m. and with respect to which supplemental papers are due December 3, 2013. As usual, plaintiff's counsel is responsible for transmitting this Order to all pro-se parties. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/26/2013) (rsh)

November 21, 2013

Filing 732 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/20/2013 re: Counsel for Amusement respectfully requests that the dates ordered by the Court on August 20, 2013 in Docket #'s 708, 118, and 105 be vacated and that a status conference be set for February 5, 2014 or another day that week. ENDORSEMENT: Inasmuch as this is tantamount to a request for an extension, the Court believes that compliance with paragraph 1.E(4) of this Court's Individual Practices as to all defendants is particularly important. Plaintiff should send a new letter with this information. If there are multiple differing responses, the use of a chart/grid may be helpful. If a defendant refuses to confer after reasonable attempts, plaintiff may so state in the letter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/20/2013) (rsh)

November 8, 2013

Filing 731 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 11/7/2013 re: Counsel for Moses (Mark) Stern and First Republic Group, Corp. respectfully requests the hearing the motions be adjourned to December 11, 2013 with any supplemental papers to be filed by December 3, 2013. ENDORSEMENT: Hearing on the motion for December 11, 2013 at 9:30 a.m. in Courtroom 6-B. SO ORDERED. (Motion Hearing set for 12/11/2013 at 09:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/8/2013) (rsh)

November 6, 2013

Filing 730 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/5/2013 re: Counsel for Amusement Industry, Inc. and Practical Finance Co., Inc., and Steven Alevy(d/b/a Bankers Capital Realty Advisors) respectfully requests that you order the withdrawal of Thomas Kao, Allen Sragow and Lauren Eade. Ms. Eade and Mr. Kao no longer work for Amusement and Mr. Sragow has moved his practice out of state and will not take part in the cases moving forward. ENDORSEMENT: Granted. Attorney Allen Phillip Sragow; Lauren D. Eade and Thomas H. Kao terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/6/2013) (rsh).

October 28, 2013

Filing 729 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION TO WITHDRAW proceeding held on 10/17/2013 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...(ca)

October 28, 2013

Filing 728 TRANSCRIPT of Proceedings re: MOTION TO WITHDRAW held on 10/17/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 11/21/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 1/29/2014.(ca)

October 23, 2013

Filing 726 NOTICE of Substitution of Attorney. Old Attorney: Hoffinger Stern & Ross, LLP, New Attorney: Law Offices of Stephen R. Stern, P.C., Address: Law Offices of Stephen R. Stern, P.C., 445 Broad Hollow Road, Suite 124, Melville, New York, 11747, 631-393-2600. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

October 22, 2013

Filing 727 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 10/22/2013 re: Counsel for defendants Moses(Mark) Stern and First Republic Group Corp. respectfully request the motions be adjourned to November 15, 2013 with any supplemental papers to be filed by November 8, 2013. ENDORSEMENT: Mr. Stern: Please use correct docket #'s in the future. The hearing on the motions will be adjourned to November 15, 2013 at 9:30 a.m. in Courtroom 6-B. SO ORDERED. Set Deadlines/Hearing as to (714 in 1:07-cv-11586-LAK-GWG) MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.., (126 in 1:10-cv-05064-LAK-GWG) MOTION to Withdraw as Attorney for Moses (Mark) Stern, Midland Avenue Associates, LLC, SME International Associates, Inc. and Frst Republic Group Corp.. MOTION to Withdraw as Attorney for Moses (Mark) Stern, Midland Avenue Associates, LLC, SME International Associates, Inc. and Frst Republic Group Corp.. :( Motion Hearing set for 11/15/2013 at 09:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/22/2013) (rsh)

October 17, 2013

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 10/17/2013. (sc)

October 16, 2013

Filing 725 AFFIDAVIT OF SERVICE of Reply Declarations (ECF Nos 723, 724) served on Mark Stern, First Republic Group Corp., Ephraim Frenkel on october 16, 2013. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

October 16, 2013

Filing 724 REPLY AFFIRMATION of Mark W. Geisler in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A)(Geisler, Mark)

October 16, 2013

Filing 723 REPLY AFFIRMATION of Stephen R. Stern in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B)(Geisler, Mark)

October 11, 2013

Filing 722 DECLARATION of Thomas M. Wood, IV in Opposition re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Wood, Thomas)

October 9, 2013

Filing 721 MEMORANDUM OF LAW in Opposition re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by Joshua Safrin. (Wood, Thomas)

October 9, 2013

Filing 720 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas M. Wood, IV in Opposition re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Wood, Thomas) Modified on 10/17/2013 (ka).

October 9, 2013

Filing 719 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration, Memorandum of Law, Order (ECF 711) served on First Republic Group Corp. on 10/01/2013. Service was accepted by Mr. Stern. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

October 9, 2013

Filing 718 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration, Memorandum of Law, Order [ECF 711] on 10/01/2013. Service was accepted by "Mr. Stern, co-occupant". Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

October 1, 2013

Filing 717 CERTIFICATE OF SERVICE of Notice of Motion, Declaration, Memo of Law, Order (ECF 711) on 9/25/13, 9/26/13. Service was made by Mail. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

September 27, 2013

Filing 716 MEMORANDUM OF LAW in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

September 27, 2013

Filing 715 DECLARATION in Support re: #714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp... Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

September 27, 2013

Filing 714 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. Return Date set for 10/17/2013 at 10:00 AM.(Geisler, Mark)

September 27, 2013

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark W. Geisler to RE-FILE Document #712 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. ERROR(S): Supporting Doucments are filed separately, each receiving their own document #. (db)

September 27, 2013

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark W. Geisler to RE-FILE Document #713 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)

September 26, 2013

Filing 713 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #712 MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark) Modified on 9/27/2013 (db).

September 26, 2013

Filing 712 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw as Attorney for Moses (Mark) Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. Return Date set for 10/17/2013 at 10:00 AM. (Attachments: #1 Affidavit)(Geisler, Mark) Modified on 9/27/2013 (db).

September 23, 2013

Filing 711 ORDER: Stephen Stern, counsel for defendants Moses (Mark) Stern, First Republic Group Corp., Midland A venue Associates, LLC and SME International Associates, Inc., has sent a letter to the Court dated September 23, 2013, on behalf of himself and Mark Geisler, Esq., seeking to be relieved as counsel for these defendants. The Court orders as follows: Counsel shall file the proposed motion, including a declaration and memorandum of law, on or before September 27, 2013, with the ECF system. A copy shall be delivered to defendant Moses (Mark) Stern and any other known principal of the corporate defendants on or before October 1, 2013. Copies shall also be sent to any pro se defendants. Any party wishing to oppose this motion shall file papers by October 9, 2013, or send a letter to the Court for receipt by October 9, 2013. A hearing on the motion will take place in Courtroom 6-B, 500 Pearl Street, on Thursday, October 17, 2013, at 10:00 a.m. Please be sure to arrive early so that the hearing may begin on time. Mr. Moses (Mark) Stem and either Mr. Stephen Stem or Mr. Geisler must attend this hearing. In addition, a representative of each of the corporate defendants--- that is, First Republic Group Corp., Midland A venue Associates, LLC and SME International Associates, Inc. - with authority to engage counsel must also attend this hearing, unless a new attorney has filed a notice of appearance on their behalf prior to that date. Other parties are not required to attend (and may attend by telephone in accordance with the Court's Standing Order). Mr. Stephen Stem shall serve a copy of this Order on defendant Moses (Mark) Stem and any other known principal of the corporate defendants for receipt on or before October 1, 2013. Mr. Stephen Stem or someone acting at his direction shall thereafter confirm with Moses (Mark) Stem and an appropriate representative of the corporate defendants by telephone, email, mail and/or any other means necessary, that the motion papers and the copy of this Order were actually received by his clients and that Mr. Moses (Mark) Stem and any other corporate principal are aware that they must attend the hearing on October 17, 2013, unless a new attorney files a notice of appearance prior to that date. Mr. Stephen Stem shall file an affidavit with the Court on or before October 9, 2013, indicating that he has complied with paragraphs 1 and 5 of this Order. The Court notes that the corporate defendants must engage counsel in this matter. If the motion to withdraw is granted, defendants First Republic Group Corp., Midland Avenue Associates, LLC and SME International Associates, Inc. will be deemed to be in default inasmuch as a corporation may only be represented by an attorney and thus cannot proceed pro se. Any party will then be able to obtain a default judgment against these defendants. (Motions due by 9/27/2013., Responses due by 10/9/2013) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/23/2013) (rsh)

September 23, 2013

Set/Reset Deadlines as to Motion Hearing set for 10/17/2013 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (rsh)

September 3, 2013

Filing 710 NOTICE OF CHANGE OF ADDRESS by Mark W. Geisler on behalf of First Republic Group Corp., Moses Stern. New Address: Law Offices of Stephen R. Stern, P.C., 445 Broad Hollow Rd., Suite 124, Melville, New York, USA 11747, 631-393-2600. (Geisler, Mark)

September 3, 2013

Filing 709 NOTICE OF CHANGE OF ADDRESS by Stephen R. Stern on behalf of First Republic Group Corp., Moses Stern. New Address: Law Offices of Stephen R. Stern, P.C., 445 Broad Hollow Rd, Suite 124, Melville, New York, USA 11747, 631-393-2600. (Stern, Stephen)

August 20, 2013

Filing 708 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 8/19/2013 re: Plaintiff respectfully requests that the Court adopt the schedules stated below: Amusement v. Mark Stern, et al., Case No. 07 CV 11586: Discovery Cutoff (crime fraud, logs, and flash drive)- 2/18/14, Expert Disclosure and Reports - 3/26/14, Rebuttal Expert Reports - 5/30/14, Expert Deposition Cutoff - 7/11/14, and Pre-Motion Letters for Dispositive Motions - 8/15/14. Amusement v. Midland Avenue Associates, et al., Case No. 10 CV 5064 and Amusement v. Buchanan Ingersoll & Rooney, et al, Case No. 11 CV 4416: Discovery Cutoff - 6/16/14, Expert Disclosure and Reports - 7/22/14, Rebuttal Expert Reports - 9/30/14, Expert Deposition Cutoff - 10/28/14, and Pre-Motion Letters for Dispositive Motions - 11/25/14. ENDORSEMENT: Granted. (Deposition due by 7/11/2014., Discovery due by 2/18/2014.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2013) (rsh)

July 31, 2013

Filing 707 ORDER: The Court is in receipt of letters dated July 25, 2013, regarding settlement. The Court disagrees with Mr. Maloney's suggestion that, because such conferences may include ex parte communications, it is inappropriate for a judge to conduct a settlement conference. Indeed, such conferences occur on a daily basis in this Courthouse and elsewhere. Most parties are desirous to hear views on the case from the perspective of a presiding judge. This Court holds such conferences regularly and, in the Court's belief, communications made during the course of these conferences have never had an effect on the Court's rulings. That being said, the Court is loath to require a party to participate in a settlement process where that party harbors doubts, however unfounded, about that process's fairness. This is particularly true when discovery, with its attendant disputes, has not yet concluded. Accordingly, the Court will not require the parties to appear for a settlement conference at this time. If the parties make a joint request for the Court to appoint a trained mediator from the Southern District's mediation program, the Court will do so. Otherwise, the Court will revisit the issue with the parties at the conclusion of the discovery period. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2013) (rsh)

June 28, 2013

Filing 706 ORDER PURSUANT TO FED. R. EVID. 502(d): Disclosure to other parties by Mark Stem and First Republic Group Corp. of the material described in the attached stipulation shall not be deemed to result in any waiver of privilege or protection. See Fed. R. Civ. P. 502(d) (no waiver in either Federal or State court). In addition, such disclosure shall not be deemed to waive any legally permissible objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/28/2013) (lmb)

June 17, 2013

Filing 705 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/14/2013 re: By endorsed letter on April 29, 2013, the Court set a deadline of June 17, 2013 for Amusement Industry, Inc. to file a pre-motion letter to compel production of documents listed on various privilege logs done in this case. I write to request that the current June 17, 2013 deadline be vacated with the expectation that a deadline for the motion compel, if one is necessary, will be included in the revised schedule that plaintiff is preparing for each of the three cases. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/17/2013) (lmb)

June 10, 2013

Filing 704 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/23/2013 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...(sdi)

June 10, 2013

Filing 703 TRANSCRIPT of Proceedings re: Conference held on 5/23/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 7/8/2013. Redacted Transcript Deadline set for 7/15/2013. Release of Transcript Restriction set for 9/12/2013.(sdi)

May 23, 2013

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 5/23/2013. (ft)

May 16, 2013

Filing 702 NOTICE OF CHANGE OF ADDRESS by Steven Mark Cordero, Sr on behalf of Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 666 Fifth Avenue, New York, New York, USA 10103, 212-880-3800. (Cordero, Steven)

May 16, 2013

Filing 701 NOTICE OF CHANGE OF ADDRESS by David Forbes Bayne on behalf of Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 666 Fifth Avenue, New York, New York, USA 10103, 212-880-3800. (Bayne, David)

May 16, 2013

Filing 700 NOTICE OF CHANGE OF ADDRESS by James Joseph Maloney on behalf of Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 666 Fifth Avenue, New York, New York, USA 10103, 212-880-3800. (Maloney, James)

May 7, 2013

Filing 699 ORDER: A conference is scheduled in the above matters for Thursday, May 23, 2013, at 10:00 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. At the conference, the Court expects the parties to be prepared to identify what discovery remains in each case and a reasonable timetable for conducting that discovery. Parties should arrive earlyso that the conference may begin promptly at 10:00 a.m.. The Court notes that it expected that the additional production in the 07 Civ. 11586 case resulting from the disposition of the crime/fraud motion (decided nearly three months ago)would have been completed long before now. Accordingly, any party who has not yet produced documents required by that decision shall provide a letter to the Court on or before May 17, 2013, that explains in detail what efforts have been made to comply with the Court's decision and what impediments there are to completing the production on an expedited basis. The party should also identify specifically the nature of personnel and resources that have been used andwill be used to make the production. Status Conference set for 5/23/2013 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/2013) (rdz)

May 1, 2013

Filing 698 NOTICE OF CHANGE OF ADDRESS by Michael C. Rakower on behalf of Avery Egert, Avrahom Egert, The Safrin Group, LLC. New Address: Rakower Lupkin PLLC, 488 Madison Avenue, 18th Floor, New York, NY, United States 10022, 2126605552. (Rakower, Michael)

April 30, 2013

Filing 697 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 4/17/2013 re: Counsel requests the extension of two upcoming deadlines, one to file plaintiff's pre-motion letter concerning disputes over privilege logs and the other concerning disclosure of expert reports and other expert related deadlines. The due date for the disclosure of the identities and reports of experts, if any, as required by rule 26(a)(2)(A) and (B) shall be extended from 5/6/2013 to 7/9/2013. The due date for the disclosure of the identities and reports of rebuttal experts shall be extended from 7/15/2013 to 9/13/2013. The due dates for the completion of expert witness depositions shall be extended from 8/12/2013 to 10/11/2013. ENDORSEMENT: Granted. (Deposition due by 10/11/2013.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/2013) (tro)

April 19, 2013

Filing 696 STIPULATION AND CONSENT TO SUBSTITUTION OF COUNSEL: that the firm of Akerman Senterfitt LLP, 335 Madison Avenue, New York, NY 10017, be substituted as attorneys of record for Third Party Defendant/Fourth Party Plaintiff Buchanan Ingersoll & Rooney PC, in place and stead of Kavanagh Maloney & Osnato LLP, 415 Madison Avenue, New York, NY 10017. The same attorneys previously at Kavanagh Maloney will continue to represent Buchanan Ingersoll & Rooney PC at the new firm of Akerman Senterfitt LLP. IT IS ORDERED that the firm of Akerman Senterfitt LLP become, and hereby is, substituted as counsel for Buchanan Ingersoll & Rooney PC in this action. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/18/2013) (pl) Modified on 4/19/2013 (pl).

April 8, 2013

Filing 695 ORDER: that the Court is in receipt of a letter dated April 5, 2013 seeking clarification of the Court's February 22, 2013 Opinion and Order. It was the Court's conclusion that Moses ("Mark") Stern has relinquished any attorney-client privilege or work production protection for materials concerning the four topic areas listed in the Opinion and Order. Thus, materials concerning these topic areas that are being withheld on the basis of a privilege or protection belonging to Stem must be produced regardless of who were the parties to the communications contained in those materials. Accordingly, the Court grants plaintiffs request that the Opinion and Order be clarified as stated in the last paragraph of the April 5, 2013 letter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/5/2013) (pl)

April 2, 2013

Filing 694 NOTICE OF CHANGE OF ADDRESS by James Joseph Maloney on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 335 Madison Avenue, New York, New York, USA 10017, 212-880-3800. (Maloney, James)

April 2, 2013

Filing 693 NOTICE OF CHANGE OF ADDRESS by David Forbes Bayne on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 335 Madison Avenue, New York, New York, USA 10017, 212-880-3800. (Bayne, David)

April 2, 2013

Filing 692 NOTICE OF CHANGE OF ADDRESS by Steven Mark Cordero, Sr on behalf of Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. New Address: Akerman Senterfitt LLP, 335 Madison Avenue, New York, New York, USA 10017, 212-880-3800. (Cordero, Steven)

April 1, 2013

Filing 691 RESPONSE re: #497 Amended Answer to Third Party Complaint, Crossclaim, Counterclaim,,,. Document filed by Stephen Friedman. (Chu, Justin)

March 25, 2013

Filing 690 ANSWER to #497 Crossclaim. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)

March 6, 2013

Filing 689 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 3/5/2013 re: Amusement respectfully requests permission to serve the attached subpoena for Stephen Friedman's personal banking records, as those records appear to be the only means of determining the true nature of $250,000 that Mark Stern transferred to Friedman. ENDORSEMENT: Application denied for failure to comply with Paragraph 2.A of this Court's Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/5/2013) (sac)

February 15, 2013

Filing 688 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 2/14/2013 re: I respectfully request that the deadline for the pre-motion letter relating to the privilege logs be extended from February 18, 2013 to April 19, 2013 (an additional 60 days). ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/15/2013). (rjm)

February 11, 2013

Filing 687 OPINION AND ORDER #102899 re: #649 MOTION to Compel filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc. Plaintiffs motion to compel based on the applicability of the crime-fraud exception (Docket # 649) is granted to the extent discussed herein. Any communication between Stern and Buchanan Ingersoll & Rooney, P.C.; Herrick, Feinstein LLP; or Hoffinger Stern and Ross, LLP concerning (1) Stern's efforts to obtain financing from J.P. Morgan; (2) Stern's efforts to obtain financing from Citigroup; (3) Stern's acquisition and use of Amusement's $13 million; or (4) Stern's efforts to obtain financing from Petra at the time the transactions were being undertaken are deemed unprotected by the attorney-client privilege and the work product doctrine. The parties are directed to produce forthwith all unprotected documents previously withheld. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/11/2013) (mro) Modified on 2/13/2013 (rsh).

January 29, 2013

Filing 686 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 1/24/2013 re: Accordingly. Amusement respectfully requests that the Court vacate the current schedule of dates until all outstanding fact discovery issues are resolved? In the interim, Amusement proposes that the Court set a status conference in 60 days. By that time, the parties should know what outstanding discovery issues remain and will also have a better idea of when the remaining crime-fraud depositions will be completed. ENDORSEMENT: The existing discovery deadlines are each extended by 90 days. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2013) (js) Modified on 1/31/2013 (js).

January 25, 2013

Filing 685 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/16/2013 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...(tro)

January 25, 2013

Filing 684 TRANSCRIPT of Proceedings re: conference held on 1/16/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/29/2013.(tro)

January 25, 2013

Filing 683 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/2/2013 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...(tro)

January 25, 2013

Filing 682 TRANSCRIPT of Proceedings re: conference held on 1/2/2013 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/29/2013.(tro)

January 18, 2013

Filing 681 ORDER: The Court hereby ORDERS that the subpoenas are modified such that the subpoenaed parties are to respond as follows: (1) As to Cathedral Parkway Apartments Corp., it shall provide to plaintiffs' counsel a copy of any documents in its possession that were presented or signed at the closing with respect to the purchase in 2007 by Stephen Friedman of the shares pertaining to Apartment 8G, 535 West 110th Street. (2) As to Marsid Realty Co., it shall provide (a) a copy of any document relating to or evidencing a loan (including but not limited to a loan agreement) between itself and Stephen Friedman with the following limitation as to date: documents that relate to or evidence loans for which a proceeds were paid, or for which an obligation existed or was created in calendar year 2007; and (b) a copy of any records of repayment of such loan or loans (regardless of the date). The Court assumes that the parties can agree to a reasonable schedule for the production of these documents. Counsel for plaintiffs shall ensure that the subpoenaed parties are made aware of the instant Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/18/2013) (ft) Modified on 1/22/2013 (ft).

January 16, 2013

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 1/16/2013. Deposition of Esther Stern to be held on March 6 and 7, 2013, unless otherwise agreed to by the parties. (js)

January 7, 2013

Filing 680 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Justin Y.K. Chu dated 1/4/2013 re: Your Honor at the conference on January 2, 2013 narrowed plaintiff Amusement's subpoenas to Cathedral Parkway Apartments Corp. and Marsid Realty Co. but allowed certain documents sought. Your Honor further directed that Stephen Friedman produce those documents allowed by the Court or advise the parties whether he has those documents by today before directing Cathedral Parkway and Mrasid to produce the documents. Mr. Friedman has been attempting to locate such documents but, given the very short time frame provided by the Court, he has not been to locate the documents or ascertain what he has. We therefore request the Court to extend the deadline from today to Wednesday, January 9, 2013. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/4/2013) (lmb) Modified on 1/9/2013 (lmb).

January 4, 2013

Filing 679 ORDER: A conference to discuss the application contained in plaintiff's letter dated December 21, 2012 will be held in Courtroom 17-A, 500 Pearl Street, New York, New York on January 16, 2013 at 11:00 a.m. (at the same time as the conference previously scheduled with respect to plaintiffs' application as to Esther Stern). Only parties submitting letters as to plaintiffs' applications are required to attend this conference. ( Status Conference set for 1/16/2013 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/4/2013) (mro)

January 3, 2013

Filing 678 ORDER: A conference to discuss the application discussed in plaintiff's letter dated December 7, 2012 will be held in Courtroom 17-A, 500 Pearl Street, New York, New York on January 16, 2013 at 11:00 a.m. Ms. Esther Stern shall attend this conference. ( Status Conference set for 1/16/2013 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/2/2013) Copies Sent By Chambers. (ja)

January 2, 2013

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 1/2/2013. (cd)

December 21, 2012

Filing 677 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 12/19/2012 re: Accordingly, I am writing to ask that Amusement be allowed to submit its pre-motion letter regarding the privilege logs within one week after date on which the crime-fraud motion is decided and then, if permission is granted, to file a motion to compel on a schedule set by the Court at that time. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/21/2012) (djc)

December 17, 2012

Filing 676 ORDER: A conference to discuss the application discussed in plaintiff's letter dated December 7, 2012 will be held in Courtroom 17-A, 500 Pearl Street, New York, New York on January 2, 2013 at 3:45 p.m. Ms. Esther Stern shall attend this conference. If Ms. Stern does not have a copy of the December 7, 2012 letter, she shall telephone Mr. Missakian promptly at (310)861-4699 to obtain a copy. The Court notes that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York (212) 805-0175 may be of assistance to pro se litigants in connection with court procedures. SO ORDERED.( Status Conference set for 1/2/2013 at 03:45 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/17/2012) Copies Sent By Chambers. (ama)

December 4, 2012

Filing 675 DECLARATION of Stephen S. Friedman in Opposition re: #649 MOTION to Compel.. Document filed by Stephen Friedman. (Chu, Justin)

November 27, 2012

Filing 674 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sragow, Allen)

November 27, 2012

Filing 673 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 11/19/2012 re: Counsel for plaintiff requests permission to file the accompanying Supplemental Memorandum in Support of Motion to Compel. ENDORSEMENT: Granted without objection (file it promptly). Any response due by December 4, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/27/2012) (pl)

November 13, 2012

Filing 672 NOTICE OF APPEARANCE by Michael C. Rakower on behalf of Avery Egert, The Safrin Group, LLC (Rakower, Michael)

November 13, 2012

Filing 671 STIPULATION, CONSENT OF SUBSTITUTION OF COUNSEL AND ORDER: that the firm Rakower Lupkin PLLC, be substituted as attorneys of record for Avery Egert and The Safrin Group, LLC, in place and stead of Law Office of Michael C. Rakower, P.C. Michael Rakower will continue to represent Avery Egert and The Safrin Group, LLC at his new firm of Rakower Lupkin PLLC. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/13/2012) (ja)

October 22, 2012

Filing 670 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 5/9/2012 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...(tro)

October 22, 2012

Filing 669 TRANSCRIPT of Proceedings re: telephone conference held on 5/9/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(tro)

October 2, 2012

Filing 668 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 9/28/2012 re: Counsel for the Plaintiffs request a limited 90 day extension of all dates in this case to deal with the below matters. The parties would like an extension of time to move to compel further responses to previously propounded discovery; The due date for the completion of fact discovery shall be extended from 10/1/2012 to 12/31/2012. The due date for the disclosure of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) shall be extended from 11/5/2012 to 2/4/2013. the due date for the disclosure of the identities and reports of rebuttal experts shall be extended from 1/14/2013 to 4/15/2013. The due dates for the completion of expert witness depositions shall be extended from February 11, 2013 to 5/13/2013. The parties shall request a pre-motion conference to file any dispositive motions by 5/27/2013 unless otherwise permitted by the court If no party states an intention to file a dispositive motion, Plaintiffs will supply pretrial materials to Defendants on or before July 29, 2013. The pretrial order shall be filed.30 days thereafter. If, however, a dispositive motion is served. the due date for Plaintiffs: portion of the pretrial order materials shall be extended to 30 days following a decision on the dispositive motion and the pretrial order shall be filed within 30 days thereafter. ENDORSEMENT: Granted. No further extensions absent extraordinary circumstances. So Ordered. ( Deposition due by 5/13/2013. Fact Discovery due by 12/31/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2012) (js)

August 2, 2012

Filing 667 NOTICE of Errata re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 90)(Sragow, Allen)

July 27, 2012

Filing 666 REPLY AFFIDAVIT of John Hofsaess in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 189)(Hofsaess, John)

July 27, 2012

Filing 665 REPLY AFFIDAVIT of John Hofsaess in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 189)(Hofsaess, John)

July 26, 2012

Filing 664 REPLY AFFIDAVIT of John W. Hofsaess in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 185, #2 Exhibit 186, #3 Exhibit 187, #4 Exhibit 188)(Sragow, Allen)

July 26, 2012

Filing 663 REPLY MEMORANDUM OF LAW in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Sragow, Allen)

July 20, 2012

Filing 662 Letter addressed to Magistrate Gabriel W. Gorenstein from Terrence J. Connolly dated 7/19/2012 re: We write to correct the record with regard to the July 18, 2012, letter from John Hofsaess to Your Honor requesting an extension of time to conduct the deposition of non-party witness Delilah Iovino, who is a paralegal of Latham & Watkins. Your Honor has already granted the relief requested by Mr. Hofsaess' letter, so this letter does not require any action by Your Honor. Nonetheless, we find it necessary to correct Mr. Hofsaess' statement in that letter that "[f]or reasons that remain unclear, her attorney (who is also her employer) Latham & Watkins simply refused to produce her on that date, and she did not show up." In light of the fact the Mr. Hofsaess' letter is now part of the public record in this case, Dkt. No. 661, we respectfully request that this letter be uploaded to the docket and become part of the public record. (djc) Modified on 7/23/2012 (djc).

July 19, 2012

Filing 661 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 7/18/2012 re: Amusement requests that it be allowed to take two depositions after August 7 but prior to the fact discovery cutoff date of October 1 that the Court set on June 15, 2012 (Docket Entry No. 599). ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/18/2012) (rjm)

July 11, 2012

Filing 660 AFFIDAVIT of Justin Y.K. Chu in Opposition re: #649 MOTION to Compel.. Document filed by Stephen Friedman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Chu, Justin)

July 11, 2012

Filing 659 MEMORANDUM OF LAW in Opposition re: #649 MOTION to Compel.. Document filed by Stephen Friedman. (Chu, Justin)

July 11, 2012

Filing 658 MEMORANDUM OF LAW in Opposition re: #649 MOTION to Compel.. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

July 11, 2012

Filing 657 DECLARATION of Mark W. Geisler in Opposition re: #649 MOTION to Compel.. Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F-1, #8 Exhibit F-2, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Geisler, Mark)

June 25, 2012

Filing 656 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Mark W Geisler dated 6/22/2012 re: Request to extend briefing schedule as follows. ENDORSEMENT: So Ordered., Set Deadlines/Hearing as to #649 MOTION to Compel. ( Responses due by 7/11/2012, Replies due by 7/26/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/25/2012) (cd)

June 15, 2012

Filing 655 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/15/2012 re: counsel for plaintiff writes that the parties, except for Mark Stern, now renew their request to extend the discovery cutoff and ask that other scheduling dates be extended accordingly. The new dates requested are as follows: The due date for the completion of fact discovery shall be extended from December 30, 2011 to October 1, 2012. The due dates for the completion of expert witness depositions shall be extended from Apri113, 2012 to February 11, 2013. The parties shall request a pre-motion conference to file any dispositive motions by February 25, 2013, unless otherwise permitted by the Court; and If no party states an intention to file a dispositive motion, Plaintiffs will supply pretrial materials to Defendants on or before April 29, 2013. The pretrial order shall be filed 30 days thereafter. Additional deadlines as set forth in this letter. ENDORSEMENT: Granted., ( Deposition due by 2/11/2013., Fact Discovery due by 10/1/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2012) (pl)

June 15, 2012

Filing 654 NOTICE of Errata re: #651 Affidavit in Support of Motion,,,,,,,,,,,, #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit 42, #2 Exhibit 83, #3 Exhibit 110, #4 Exhibit 169)(Kao, Thomas)

June 15, 2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Thomas H. Kao to RE-FILE Document #653 Memorandum of Law in Support of Motion. Use the event type Notice (Other) found under the event list Notices. (db)

June 14, 2012

Filing 653 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #649 MOTION to Compel. Notice of Errata in Motion to Compel. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 42, #2 Exhibit 83, #3 Exhibit 110, #4 Exhibit 169)(Kao, Thomas) Modified on 6/15/2012 (db).

June 6, 2012

Filing 652 SEALED DOCUMENT placed in vault.(nm)

June 6, 2012

Filing 651 AFFIDAVIT of Elissa Koolyk in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 15, #11 Exhibit 19, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 24, #17 Exhibit 25, #18 Exhibit 26, #19 Exhibit 27, #20 Exhibit 29, #21 Exhibit 30, #22 Exhibit 31, #23 Exhibit 33, #24 Exhibit 34, #25 Exhibit 35, #26 Exhibit 36, #27 Exhibit 37, #28 Exhibit 38, #29 Exhibit 39, #30 Exhibit 41, #31 Exhibit 43, #32 Exhibit 45, #33 Exhibit 46, #34 Exhibit 47, #35 Exhibit 50, #36 Exhibit 51, #37 Exhibit 52, #38 Exhibit 53, #39 Exhibit 54, #40 Exhibit 55, #41 Exhibit 56, #42 Exhibit 57, #43 Exhibit 58, #44 Exhibit 59, #45 Exhibit 60, #46 Exhibit 61, #47 Exhibit 62, #48 Exhibit 63, #49 Exhibit 64, #50 Exhibit 65, #51 Exhibit 66, #52 Exhibit 67, #53 Exhibit 68, #54 Exhibit 69, #55 Exhibit 70, #56 Exhibit 71, #57 Exhibit 72, #58 Exhibit 73, #59 Exhibit 74, #60 Exhibit 76, #61 Exhibit 77, #62 Exhibit 80, #63 Exhibit 81, #64 Exhibit 84, #65 Exhibit 85, #66 Exhibit 86, #67 Exhibit 88, #68 Exhibit 89, #69 Exhibit 90, #70 Exhibit 91, #71 Exhibit 92, #72 Exhibit 93, #73 Exhibit 94, #74 Exhibit 96, #75 Exhibit 98, #76 Exhibit 99, #77 Exhibit 100, #78 Exhibit 101, #79 Exhibit 103, #80 Exhibit 104, #81 Exhibit 106, #82 Exhibit 107, #83 Exhibit 108, #84 Exhibit 109, #85 Exhibit 110, #86 Exhibit 111, #87 Exhibit 112, #88 Exhibit 113, #89 Exhibit 114, #90 Exhibit 116, #91 Exhibit 117, #92 Exhibit 118, #93 Exhibit 120, #94 Exhibit 121, #95 Exhibit 122, #96 Exhibit 123, #97 Exhibit 124, #98 Exhibit 125, #99 Exhibit 126, #100 Exhibit 127, #101 Exhibit 128, #102 Exhibit 129, #103 Exhibit 130, #104 Exhibit 131, #105 Exhibit 132, #106 Exhibit 133, #107 Exhibit 134, #108 Exhibit 135, #109 Exhibit 136, #110 Exhibit 137, #111 Exhibit 138, #112 Exhibit 141, #113 Exhibit 142, #114 Exhibit 143, #115 Exhibit 144, #116 Exhibit 145, #117 Exhibit 147, #118 Exhibit 149, #119 Exhibit 150, #120 Exhibit 154, #121 Exhibit 156, #122 Exhibit 159, #123 Exhibit 162, #124 Exhibit 164, #125 Exhibit 165, #126 Exhibit 166, #127 Exhibit 167, #128 Exhibit 169, #129 Exhibit 170, #130 Exhibit 171, #131 Exhibit 172, #132 Exhibit 173, #133 Exhibit 174, #134 Exhibit 175, #135 Exhibit 176, #136 Exhibit 178, #137 Exhibit 179, #138 Exhibit 180, #139 Exhibit 181, #140 Exhibit 182, #141 Exhibit 183, #142 Exhibit 184, #143 Exhibit 49)(Kao, Thomas)

June 6, 2012

Filing 650 MEMORANDUM OF LAW in Support re: #649 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc.. (Kao, Thomas)

June 6, 2012

Filing 649 MOTION to Compel. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc..(Kao, Thomas)

May 30, 2012

Filing 648 STIPULATION AND CONSENT OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND CONSENTED that the firm of Steptoe & Johnson, LLP, 1114 Avenue of the Americas, New York, New York 10036, be substituted as attorneys of record for Stephen Friedman, in place and stead of McCarter English, LLP, 24 5 Park Avenue, New York, New York 10167. The same attorney previously at McCarter & English will continue to represent Stephen Friedman at his new firm of Steptoe & Johnson, LLP. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/30/2012) (lmb)

May 29, 2012

Filing 647 NOTICE OF APPEARANCE by Justin Y.K. Chu on behalf of Stephen Friedman (Chu, Justin)

May 25, 2012

Filing 646 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Attorney Craig H. Missakian dated May 24, 2012 re: At the May 8, 2012 hearing you ordered that Plaintiff submit its opening brief by May 30, 2012, that any opposition to that motion be filed by June 20, 2012, and that any reply in support of the motion be filed by July 5, 2012. Plaintiff now requests that each of those deadlines be extended one week. ENDORSEMENT: Granted. Please comply with per I.E. of my Individual Practices next time. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2012) (bw); Modified on 5/31/2012 (bw).

May 9, 2012

Filing 645 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/8/2012 re: I am writing to update the court and counsel on our efforts to ensure that the address for Ephraim Frenkel is correct. I spoke today to John Wallenstein, Mr. Frenkel's counsel in USA v. Frenkel. Mr. Wallenstein confirmed that 6747 170th Street, Fresh Meadows, NY 11365 is a valid address for Mr. Frenkel, and that we do not need to use him as a back up for service. Document filed by Amusement Industry, Inc.(a California Corporation).(lmb)

May 8, 2012

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 5/8/2012. The motion on crime/fraud exception is due May 30, 2012, Any response is due by June 20. Reply by July 5. All fact depositions, other than those that await disposition of the crime/fraud exception motion, shall be completed by August 7, 2012, ( Deposition due by 8/7/2012., Motions due by 5/30/2012., Replies due by 7/5/2012., Responses due by 6/20/2012.). (lmb)

May 3, 2012

Filing 644 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/2/2012 re: We are writing to set forth the efforts that we have made to ensure that the address for Ephrahn Frenkel is correct. Document filed by Amusement Industry, Inc.(a California Corporation).(rdz)

April 26, 2012

Filing 643 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 4/25/2012 re: The parties request a telephone conference with the Court to set a new discovery cut-off date and to establish a briefing schedule and hearing date for a motion to compel based on the crime-fraud exception to the attorney-client privilege. ENDORSEMENT: A conference to discuss this matter will take place in Courtroom 17-A, 500 Pearl Street, New York, New York, on Wednesday, May 9, 2012, at 11:00 a.m. Counsel located in New York should appear in person. (See Order dated July 8, 2011 for counsel outside New York.) Counsel for plaintiffs is directed to ensure that all counsel are aware of this Order. Also, counsel for plaintiffs should attempt to inform Mr. Frenkel regarding the proceeding and should set forth in a letter to the Court the efforts that have been made to ensure that the address for Mr. Frenkel on the Order dated January 23, 2012 is correct. From this date forward, plaintiffs are responsible for mailing copies of all Court orders to Mr. Frenkel. The Court notes that Mr. Frenkel never responded to the January 23, 2012 Court Order., ( Status Conference set for 5/9/2012 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/26/2012) (lmb)

January 31, 2012

Filing 642 ORDER: granting #593 Motion to Dismiss, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein, dated December 28, 2011, to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 1/31/2012) (pl) Modified on 1/31/2012 (pl).

January 24, 2012

Filing 641 ORDER: The application of Hoffinger Stem & Ross LLP, and its attorneys, to be relieved as counsel for Ephraim Frenkel and Land Title Associates Agency, LLC is granted.Mr. Frenkel is now prose. Land Title Associates Agency, LLC is deemed in default inasmuch as an artificial entity, such as a limited liability company, may appear in federal court only through a licensed attorney. See Lattanzio v. COMTA 481 F.3d 137, 140 (2d Cir. 2007).Any application for a default judgment against Land Title Associates Agency, LLC, however,should be made after the conclusion of discovery and after the filing of summary judgment motions Mr. Frenkel is directed to provide an email address to the Court and counsel so that papers may be provided to him more easily. In addition, he is directed to confirm his home address and telephone number. Mr. Frenkel shall send a letter to the Court with this information(with a copy to the attorneys for all parties) on or before February 3, 20I2. The Court notes that discovery, including depositions, are proceeding notwithstanding Mr. Frenkel's prose status and he should contact any of the attorneys on this matter to obtain any information about their schedule to the extent he wishes to participate. The Court notes that the Pro Se Office at the United States Courthouse, 500 Pearl Street,Room 230, New York, New York ((212) 805-0175) may be of assistance to prose litigants in connection with court procedures. Copies Mailed by Chambers (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/23/2012) (js) Modified on 1/27/2012 (js).

January 18, 2012

Filing 640 ORDER GRANTING MOLTION FOR ADMISSION OF MARIANA L. AGUILAR, ESQ., PRO HAC VICE: granting #631 Motion for Mariana L. Aguilar to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/18/2012) (jfe)

January 18, 2012

Filing 639 ORDER GRANTING MOTION FOR ADMISSION OF THOMAS H. KAO, ESQ., PRO HAC VICE: granting #632 Motion for Thomas H. Kao to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/17/2012) (jfe)

January 18, 2012

Filing 638 AFFIDAVIT OF SERVICE of Order to Show Cause served on Land Title Associates Agency, LLC, a/k/a Land Title Associates Escrow on 01/12/2012. Service was accepted by Ephraim Frenkel, principal. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

January 18, 2012

Filing 637 AFFIDAVIT OF SERVICE of Order to Show Cause served on Ephraim Frenkel on 01/12/2012. Service was accepted by Ephraim Frenkel, defendant. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

January 12, 2012

Filing 636 CERTIFICATE OF SERVICE of Order to Show Cause, Declaration, Exhibits served on Counsel on 1/11/2012. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

January 12, 2012

Filing 635 DECLARATION of Mark W. Geisler in Support re: #634 Order to Show Cause,,,,,. Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Geisler, Mark)

January 11, 2012

Filing 634 ORDER TO SHOW CAUSE: that service of this Order to Show Cause together with the papers submitted in support thereof, upon Ephraim Frenkel, individually and on behalf of Land Title Associates Escrow, personally, by 1/12/2012 shall be deemed good and sufficient service, with an affidavit of service to be filed promptly thereafter. that service of this Order to Show Cause together with the papers submitted in support thereof, upon all counsel of record for all parties in this action other than Ephraim Frenkel and Land Title Associates Escrow, via email to their respective email addresses provided by said counsel in accordance with the ECF filing system, on or before January 12, 2012 shall be deemed good and sufficient service; and it is further,that any written opposition to the requested relief shall be filed by January 19, 2012 at 2:15 pm in Courtroom 17-A, 500 Pearl Street, New York, New York (Ephraim Frenkel's appearance will be excused only if a new attorney has filed a notice of appearance on behalf of Ephraim Frenkel and Land Title Associates Escrow, and also appears at the conference on that date). Show Cause Hearing set for 1/23/2012 at 02:15 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/11/2012) (pl) Modified on 1/11/2012 (pl). Modified on 1/20/2012 (jar).

December 28, 2011

Filing 633 REPORT AND RECOMMENDATIONS: For the foregoing reasons, the motion to dismiss defendants counterclaims (Docket# 593) should be granted. Objections to R&R due by 1/17/2012 (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/28/2011) (js)

December 21, 2011

CASHIERS OFFICE REMARK on #632 Motion to Appear Pro Hac Vice, #631 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 12/12/2011, Receipt Number 1024078,1024079. (jd)

December 12, 2011

Filing 632 MOTION for Thomas H. Kao to Appear Pro Hac Vice. Document filed by Amusement Industry, Inc.(a California Corporation), Amusement Industry, Inc..(bwa) (pgu).

December 12, 2011

Filing 631 MOTION for Mariana L. Aguilar to Appear Pro Hac Vice. Document filed by Amusement Industry, Inc.(a California Corporation), Amusement Industry, Inc..(bwa) (pgu).

November 16, 2011

Filing 630 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 10/21/2011 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...(tro)

November 16, 2011

Filing 629 TRANSCRIPT of Proceedings re: telephone conference held on 10/21/2011 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.(tro)

November 16, 2011

***DELETED DOCUMENT. Deleted document number 628 transcript (duplicate filing). The document was incorrectly filed in this case. (tro)

November 9, 2011

Filing 627 NOTICE OF CHANGE OF ADDRESS by Elissa E. Koolyk on behalf of All Parties. New Address: Elissa Koolyk, 575 Madison Avenue, 10th Floor, New York, NY, USA 10022, 646-401-0125. (Koolyk, Elissa)

November 7, 2011

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 11/7/2011. (ft)

November 1, 2011

Filing 626 CERTIFICATE OF SERVICE of Order to Show Cause served on All counsel of record on 10/27/11. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

November 1, 2011

Filing 625 CERTIFICATE OF SERVICE of Order to show cause served on Ephraim Frenkel/Land Title Associates Escrow on 10/28/11. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

November 1, 2011

Filing 624 NOTICE of Affidavit of Attempted Service/Service Unexecuted re: #623 Order to Show Cause,,. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

October 27, 2011

Filing 623 ORDER TO SHOW CAUSE TO BE RELEIVED AND TO WITHDRAW AS COUNSEL FOR EPHRAIM FRENKEL AND LAND TITLE ASSOCIATES AGENCY, LLC filed by Ephraim Frenkel, Ephraim Frenkel(an individual), Land Title Associates Agency, LLC. shall show cause as to why HOffinger Stern & Ross LLP be relieved and to withdraw as counsel for Ephraim Frenkel and Land Title Associates Agency. Show Cause Hearing set for 11/7/2011 at 09:45 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/27/2011) (cd)

October 21, 2011

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 10/21/2011. Discovery order issued. See Transcripts. (rjm)

October 20, 2011

Filing 622 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Craig H Missakian dated 10/19/2011 re: All counsel wish to appear by telephone for the 10/21/2011 hearing. ENDORSEMENT: The conference is at 12 noon eastern time and will be changed to a telephone conference. No counsel may use a speakerphone. Also, land lines only. (Telephone Conference set for 10/21/2011 at 12:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/12/2011) (cd)

October 17, 2011

Filing 621 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 10/14/2011 re: counsel for Avery Egert and The Safrin Group, LLC. writes with regard to a pre-motion conference scheduled for Friday, October 21, 2011at 11:00 am. I have conferred with counsel for Amusement plaintiffs and Mr. Joshua Safrin about my scheduling conflict, and they have offered their consent to this request to reschedule our upcoming conference with Your Honor. All three sets of counsel would be available for a conference with Your Honor at a time between 12:00 pm and 2:00pm on October 21, 2011. ENDORSEMENT: Conference adjourned to 12 noon on October 21, 2011. ( Pre-Motion Conference set for 10/21/2011 at 12:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/17/2011) (pl) Modified on 10/17/2011 (pl). Modified on 10/24/2011 (pl).

October 12, 2011

Filing 620 ORDER. A conference on the matters raised in plaintiff's letter dated October 5, 2011 will be held on Friday, October 21, 2011, at 11:00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. Only parties that submitted letters on this topic will be heard. (Conference set for 10/21/2011 at 11:00 AM in Courtroom 17A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/12/11) (rjm)

September 21, 2011

Filing 619 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 8/11/2011 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...(tro)

September 21, 2011

Filing 618 TRANSCRIPT of Proceedings re: telephone conference held on 8/11/2011 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Mary Greco. 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 10/17/2011. Redacted Transcript Deadline set for 10/27/2011. Release of Transcript Restriction set for 12/23/2011.(tro)

August 29, 2011

Filing 617 REPLY MEMORANDUM OF LAW in Support re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc.. (Sragow, Allen)

August 12, 2011

Filing 616 TRANSCRIPT of Proceedings held on 10/20/2010 before Magistrate Judge Gabriel W. Gorenstein. (js) Modified on 8/25/2011 (ae). (jar).

August 11, 2011

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 8/11/2011. (ft)

August 4, 2011

Filing 615 ANSWER to #602 Crossclaim. Document filed by Stephen Friedman.(Chu, Justin)

August 4, 2011

Filing 614 ANSWER to #601 Crossclaim. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)

July 29, 2011

Filing 613 MEMORANDUM OF LAW in Opposition re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

July 29, 2011

Filing 612 DECLARATION of Mark W. Geisler in Opposition re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by First Republic Group Corp., Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Geisler, Mark)

July 22, 2011

CASHIERS OFFICE REMARK on #608 Motion to Appear Pro Hac Vice in the amount of $2, paid on 07/13/2011, Receipt Number 11398. (jd)

July 19, 2011

Filing 611 MEMO ENDORSED ON MOTION TO ADMIT NICHOLE M. GALVIN COUNSEL PRO HAC VICE:ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty Part I Judge on 7/18/11) (js)

July 18, 2011

Filing 610 ANSWER to #600 Crossclaim. Document filed by Steven Alevy.(Hofsaess, John)

July 18, 2011

Filing 609 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 7/18/11 re: Counsel for the Third Party defendant Buchanan Ingersoll & Rooney PC writes, on behalf of Stephen Friedman as well, to ask for a two week adjournment through and including August 4, 2011 to submit their responses to the newly filed cross-claims asserted by Ephraim Frenkel and Land Title Associates Agency LLC. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/18/2011) (mro)

July 13, 2011

Filing 608 MOTION for Nichole M. Galvin to Appear Pro Hac Vice. Document filed by Joshua Safrin, Joshua Safrin(an individual).(pgu)

July 8, 2011

Filing 607 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood, IV dated 7/8/11 re: Counsel requests that the hearing scheduled for Thursday, August 4, 2011 at 3:30 p.m. be rescheduled. Counsel requests that the hearing be rescheduled for Thursday, August 11, 2011 at 3:30 p.m. ENDORSEMENT: Granted. ( Oral Argument set for 8/11/2011 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/11) (djc)

July 8, 2011

Filing 606 ORDER. Oral Argument on Joshua Safrin's motion to compel will be held on 8/4/2011 at 03:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/11. (djc)

July 8, 2011

Filing 605 ANSWER to #596 Crossclaim. Document filed by First Republic Group Corp..(Geisler, Mark)

July 8, 2011

Filing 603 ORDER: Oral argument on Joshua Safrin's motion to compel will be held on Thursday, August 8, 2011, at 3:30 p.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. Only parties that filed briefs of this motion will be heard. Such parties, as well as any other party, may attend the proceeding by telephone is that is desired. ( Oral Argument set for 8/8/2011 at 03:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/2011) (mro)

July 8, 2011

***DELETED DOCUMENT. Deleted document number 604 Order. The document was incorrectly filed in this case. (laq)

June 30, 2011

Filing 602 ANSWER to #578 Crossclaim., CROSSCLAIM against Stephen Friedman. Document filed by Ephraim Frenkel(an individual), Land Title Associates Agency, LLC.(Geisler, Mark)

June 30, 2011

Filing 601 ANSWER to #574 Crossclaim., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C.. Document filed by Ephraim Frenkel, Land Title Associates Agency, LLC.(Geisler, Mark)

June 30, 2011

Filing 600 ANSWER to #405 Amended Complaint, with JURY DEMAND., CROSSCLAIM against Steven Alevy. Document filed by Ephraim Frenkel, Land Title Associates Agency, LLC.(Geisler, Mark)

June 21, 2011

Filing 599 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Craig H. Missakian dated 6/20/2011 re: I am writing on behalf of all parties to request an extension of the fact discovery cut-off date and other related dates previously set by the Court in the above-referenced case. ENDORSEMENT: Fact discovery shall be completed by 12/30/2011, Disclosure of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) shall be made by 1/31/2012. Disclosure of identities and reports of rebuttal experts shall be made by March 2, 2011. Deposition of expert witnesses shall be completed by 4/13/2012. The parties shall request a pre-motion conference to file any dispositive motions by 4/30/2012, unless otherwise permitted by the Court. If no party states an intention to file a dispositive pre-trial motion, plaintiff will supply pre-trial materials to defendants on or before 6/22/2012. The pre-trial order shall be filed 5 days thereafter. If, however, a dispositive motion is served, the due date of plaintiff's portion of the pre-trial order materials shall be extended to 30 days following decision on the dispositive motion and the pre-trial order shall be filed within 15 days thereafter. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/21/2011) (mbe)

June 20, 2011

Filing 598 ANSWER to #575 Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Hofsaess, John)

June 20, 2011

Filing 597 CERTIFICATE OF SERVICE of Defendant Avery Egerts Answer to the Cross-Claim of First Republic Group Corp. Against Avery Egert, with Affirmative Defenses and Cross-Claims served on ALL COUNSEL on 6/20/11. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)

June 20, 2011

Filing 596 ANSWER to #575 Crossclaim., CROSSCLAIM against First Republic Group Corp.. Document filed by Avery Egert.(Rakower, Michael)

June 20, 2011

Filing 595 MEMORANDUM OF LAW in Support re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Sragow, Allen)

June 20, 2011

Filing 594 DECLARATION of Allen P. Sragow in Support re: #593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp.. Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Sragow, Allen)

June 20, 2011

Filing 593 MOTION to Dismiss Counterclaims of Mark Stern and First Republic Group Corp. Document filed by Amusement Industry, Inc., Practical Finance Co., Inc..(Sragow, Allen)

June 16, 2011

Filing 592 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 6/16/11 re: counsel for defendants Mark Stern and First Republic Group Corp. respectfully request an extension until June 30, 2011 for Frenkel and LTA to respond to the Third Amended Complaint, BIR's cross-claim and Stephen Friedman's cross- claim. ENDORSEMENT: Granted. The Order to Show Cause is deemed withdrawn., Ephraim Frenkel answer due 6/30/2011; Ephraim Frenkel(an individual) answer due 6/30/2011; Land Title Associates Agency, LLC answer due 6/30/2011; Land Title Associates Escrow answer due 6/30/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/16/11) (pl) Modified on 6/20/2011 (pl). Modified on 7/5/2011 (pl).

June 15, 2011

Filing 591 ORDER. The document filed as Docket # 590 contains confidential and/or privileged information and thus shall be filed under seal. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/11) (rjm)

June 15, 2011

Transmission to Sealed Records Clerk. Transmitted re: #591 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)

June 15, 2011

Filing 590 RESPONSE in Support re: #228 MOTION to Compel. and In Response to Supplemental Declaration. Document filed by Joshua Safrin. (Wood, Thomas)

June 14, 2011

Filing 589 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Wood, Thomas)

June 7, 2011

Filing 588 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 6/6/2011 re: Requesting that the Court order the withdrawal of Mr. Miller's appearance on behalf of Avery Egert and the Safrin Group, LLC so that his name may be removed from the ECF system in connection with this litigation. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/7/2011) (jpo)

May 31, 2011

Filing 587 RESPONSE re: #578 Answer to Complaint, Crossclaim of Stephen Friedman. Document filed by Steven Alevy, Bankers Capital Advisors LLC. (Hofsaess, John)

May 27, 2011

Filing 586 ANSWER to #574 Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Hofsaess, John)

May 26, 2011

Filing 585 ORDER. The Court has received three letters dated May 25, 2011 -from Mr. Stern, from counsel for plaintiffs, and from counsel for the BIR law firm -- raising two issues. The pre-motion conference requirement is waived. The parties shall attempt to agree on the manner in which the two issues shall be presented to the Court - either through letters (either the current ones or additional ones) or through a formal motion. If the parties cannot agree, the defendants should file a formal motion. The parties have leave to present the issues in different ways if they wish (e.g., the privilege issue by motion and the Rule 30(b)(6) issue by letters). (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/26/11) (djc)

May 23, 2011

Filing 584 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/23/2011 re: Counsel for Plaintiffs writes to request am extension of time for Crossclaimant to respond to Buchanan Ingersoll & Rooney's and Stephen Friedman's Answer and Crossclaims (ECF #574 & 578) through and including 5/31/2011. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/23/2011) (ab)

May 23, 2011

Filing 583 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 5/20/2011 re: Counsel for Defendants writes to request an extension on behalf of Frenkel and LTA to respond to the crossclaims filed by BIR and Friedman to and including 6/30/2011. ENDORSEMENT: until disposition of the Order to Show Cause. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/2011) (ab)

May 19, 2011

Filing 582 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 5/18/11 re: Counsel requests that the deadline for Avery Egert to answer First Republic Group Corp's cross-claim be extended through and including June 20, 2011. ENDORSEMENT: Granted. Avery Egert answer due 6/20/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/11) (djc)

May 10, 2011

Filing 581 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 5/9/2011 re: Requesting the Court approval of an extension of time for Plaintiffs and Third Defendant to respond to Mark Stern's and First Republic Group Corp.'s Answer (No 575) through and including June 20, 2011. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/9/2011) (jpo)

May 3, 2011

Filing 580 SEALED DOCUMENT placed in vault.(nm)

April 29, 2011

Filing 579 AMENDED ANSWER to #384 Answer to Complaint, Crossclaim,,. Document filed by Stephen Friedman. (Chu, Justin)

April 29, 2011

Filing 578 ANSWER to Complaint., CROSSCLAIM against Avery Egert, Ephraim Frenkel, Land Title Associates Agency, LLC, The Safrin Group, LLC. Document filed by Stephen Friedman.(Chu, Justin)

April 29, 2011

Filing 577 CERTIFICATE OF SERVICE of Avery Egert's Answer to Mark Stern's First Amended Third Party Complaint served on ALL PARTIES on 4/29/11. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)

April 29, 2011

Filing 576 ANSWER to Amended Complaint. Document filed by Avery Egert. Related document: #383 Amended Complaint, filed by Mark Stern, First Republic Group Realty, L.L.C..(Rakower, Michael)

April 29, 2011

Filing 575 ANSWER to Amended Complaint with JURY DEMAND., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC, Avery Egert., COUNTERCLAIM against Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. Document filed by First Republic Group Corp., Moses Stern.(Geisler, Mark)

April 29, 2011

Filing 574 ANSWER to Third Party Complaint., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC, Ephraim Frenkel, Land Title Associates Agency, LLC. Document filed by Buchanan Ingersoll & Rooney, P.C..(Bayne, David)

April 29, 2011

Filing 573 ORDER that the obligation of defendants Ephraim Frenkel and Land Title Associates Agency to respond to the pending Order to Show Cause, dated 4/12/11, is extended to 6/17/11. In the meantime, Mr. Stephen Stern remains the attorney for these attorneys. The time for these defendants to respond to the Third Amended Complaint is stayed pending disposition of the Order to Show Cause. (Response due by 6/17/2011) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/28/11) (cd)

April 28, 2011

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 4/28/2011. (tro)

April 26, 2011

Filing 572 ANSWER to Crossclaim. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)

April 25, 2011

Filing 571 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Justin Y.K. Chu dated 4/25/2011 re: request an extension of time from 4/26/2011 to 4/29/2011 to file his answer to Defendant Avery Egert's cross-claim. ENDORSEMENT: Granted. Stephen Friedman answer due 4/29/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/25/2011) (jar)

April 20, 2011

Filing 570 AFFIDAVIT OF SERVICE of Order to Show Cause served on Counsel of record on 4/12/11. Service was made by Email. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

April 20, 2011

Filing 569 AFFIDAVIT OF SERVICE of Order to Show Cause served on Land Title Associates Agency on 4/14/11. Service was made by Mail. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

April 20, 2011

Filing 568 AFFIDAVIT OF SERVICE of Order to Show Cause served on Ephraim Frenkel on 4/14/11. Service was made by Mail. Document filed by First Republic Group Corp., Moses Stern. (Geisler, Mark)

April 19, 2011

Filing 567 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 4/18/11 re: counsel for defendants respectfully request to extend to April 29, 2011 the time for Mark Stern and First Republic Group Corp. to respond to the Third Amended complaint. ENDORSEMENT: Granted. So Ordered. First Republic Group Corp. answer due 4/29/2011; Moses Stern answer due 4/29/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/18/11) (pl)

April 15, 2011

Filing 566 ANSWER to Amended Complaint. Document filed by Avery Egert, The Safrin Group, LLC. Related document: #348 Amended Complaint, filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Certificate of Service)(Rakower, Michael)

April 12, 2011

Filing 565 ORDER TO SHOW CAUSE TO BE RELIEVED AND TO WITHDRAW AS COUNSEL FOR EPHRAIM FRENKEL AND LAND TITLE ASSOCIATES AGENCY, LLC (a/k/a LAND TITLE ASSOCIATES ESCROW); LET Defendants Ephraim Frenkel and Land Title Associates Agency LLC, a/k/a Land Title Associates Escrow, and all other parties herein, show cause before this Court, why an Order should not be entered: (A) Pursuant to Local Rule 1.4, granting Hoffinger Sten & Ross, LLP leave to withdraw and be relieved as counsel for Defendants Ephraim Frenkel and Land Title Associates Escrow; and (B) Granting such other and further relief as the Court may deem just and proper; it is hereby: ORDERED, that pending the determination of the within motion, the time for defendants Ephraim Frenkel and Land Title Associates Escrow to answer the Third Amended Complaint is hereby stayed. Additional relief as set forth in this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/11) (pl) Modified on 4/18/2011 (pl).

April 8, 2011

Filing 564 ORDER; that the motion of Avery Egert to dismiss the first amended third party complaint against him [DI 392] is denied, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein [Dr 469] to which no objection has been filed. The contrary order, dated March 24, 2011, is vacated. (Signed by Judge Lewis A. Kaplan on 4/8/11) (pl)

April 8, 2011

Filing 563 DECLARATION of Thomas M. Wood, IV in Support re: #562 Reply Memorandum of Law in Support of Motion. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A, B, C)(Wood, Thomas)

April 8, 2011

Filing 562 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #228 MOTION to Compel. #534 AND In Response to #557 Second Memorandum in Opposition to Motion to Compel. Document filed by Joshua Safrin(an individual). (Wood, Thomas)

March 29, 2011

Filing 561 ORDER: The motion of Avery Egert to dismiss the first amended third party complaint against him [DI 392] is granted, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein [DI 469] to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/24/2011) (jfe)

March 28, 2011

Filing 560 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Geisler dated 3/25/11 re: Request to extend time from 3/24/11 to 4/21/11 to respond to the Third Amended Complaint for defendants Mark Stern, First Republic Group Corp, Ephraim Frenkel, and Land Title Associates Escrow. ENDORSEMENT: Granted. (Responses due by 4/21/2011) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/11) (cd)

March 25, 2011

Filing 559 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 3/25/2011 re: Counsel for Buchanan, Ingersoll & Rooney, P.C. requests an extension of time and the courts approval of new dates for the service and filings of the pleadings as set for on this letter. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/2011) (mbe)

March 15, 2011

Filing 558 DECLARATION of Allen P. Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sragow, Allen)

March 15, 2011

Filing 557 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel. and #524 Supplemental Memorandum of Law. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Practical Finance Co., Inc.. (Sragow, Allen)

March 15, 2011

Filing 556 ORDER granting #513 Motion to Dismiss Count V of Third-Party Defendants, Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification, filed by Buchanan Ingersoll & Rooney, P.C.; and granting #515 Motion to Dismiss Count V of the Third Party Defendants Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification, filed by Stephen Friedman. In a careful report and recommendation dated 2/23/2011, Magistrate Judge Gabriel W. Gorenstein recommended that these motions be granted. No objections have been filed. In the circumstances, the motions of Friedman and BIR to dismiss the implied indemnification cross-claims against them by Bankers Capital [Docket #s 513 and 515], that is to say, count V of Bankers Capital's cross claim, are granted. (Signed by Judge Lewis A. Kaplan on 3/15/2011) (ab)

March 11, 2011

Filing 555 ORDER for #551 Report and Recommendations, Accordingly, I adopt the report and recommendation without passing on plaintiffs' point with respect to the portion of footnote 5 with which they take issue. The motion before me (DI 448) is granted to the extent set forth in the Conclusion of the report and recommendation and otherwise denied. (Signed by Judge Lewis A. Kaplan on 3/11/11) (cd)

March 11, 2011

Filing 554 ORDER re #550 Report and Recommendations: for the reasons set forth in the Report and Recommendation of Magistrate Judge Gabriel W. Gorenstein (DI 550), to which no objections have been filed, the motions with respect to (1)Egert (DI 407,410) are granted tot he extend that Egert's third, fourth, fifth and sixth cross-claims against BIR and Friedman are dismissed, (2) Safrin (DI 432,435) are granted to the extent that Safrin's first, second, fourth and fifth claims against BIR and Friedman are dismissed. All of the motions are denied in all other respects. (Signed by Judge Lewis A. Kaplan on 3/11/11) (cd)

March 2, 2011

Filing 553 OBJECTION to #551 Report and Recommendations Document filed by Amusement Industry, Inc.(a California Corporation), Practical Finance Co., Inc.. (Sragow, Allen)

February 23, 2011

Filing 552 REPORT AND RECOMMENDATION: For the reasons listed in this Report and Recommendation, Friedman and BIR's motions to dismiss (Docket #513,515) Bankers Captial's cross-claim for implied indemnification (count V) should be granted. Objections to R&R due by 3/14/2011 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/23/2011) (mro)

February 17, 2011

Filing 551 REPORT AND RECOMMENDATIONS re: #448 MOTION to Dismiss Third Amended Complaint. For the foregoing reasons, the motion to dismiss the third amended complaint (Docket # 448) filed by Stern, FRG Corp., Frenkel, and LTA should be granted in part and denied in part. Specifically, the following claims should be dismissed: (1) the claims of fraud (Count 5) as to statements 14 and 15; (2) the claim of negligent misrepresentation (Count 6) with regard to Stern and FRG Corp. as to all statements and with regard to Frenkel and LTA as to all statements other than statement 13; (3) the claim for unjust enrichment (Count 12) against Frenkel and LTA; (4) the claim for a purchase money resulting trust (Count 3); (5) the claim for a constructive trust(Count 2); (6) the claim for an equitable lien (Count 1); (7) the claim for declaratory relief (Count 4); and (8) the claims for breach of promissory notes (Counts 9 and 10). The other claims should not be dismissed. Objections to R&R due by 3/7/2011 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/17/11) (db)

February 14, 2011

Filing 550 REPORT AND RECOMMENDATIONS re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint. filed by Buchanan Ingersoll & Rooney, P.C., #435 MOTION to Dismiss Safrin's Third Amended Third Party Complaint. filed by Stephen Friedman, #410 MOTION to Dismiss Defendant Egert's Cross-Claims. filed by Stephen Friedman, #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims. For the foregoing reasons, Friedman and BIRs motions to dismiss (Docket # 407, 410) certain of Egerts cross-claims should be granted in part and denied in part. Friedman and BIRs motions to dismiss certain of Safrins claims (Docket # 432, 435) should be granted. Specifically, Egerts third, fourth, fifth, and sixth cross-claims against third-party defendants BIR and Friedman should be dismissed. Safrins first, second, fourth, and fifthclaims against third-party defendants BIR and Friedman should be dismissed. Egerts first cross-claim (for implied indemnification) should not be dismissed.Objections to R&R due by 3/3/2011. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/14/11) (djc)

February 3, 2011

Filing 549 ORDER PURSUANT TO FED. R. EVID. 502(d): It is hereby ORDERED pursuant to Fed. R. Evid. 502(d), that the parties to this motion may disclose privileged or potentially privileged information to other counsel on this matter in oral or written form, and no waiver shall be deemed to result from such disclosure. See Fed. R. Civ. P. 502(d) (no waiver in either Federal or State court). If parties to this motion present privileged or potentially privileged information to another party in the form of a document, the disclosing party shall indicate through a legend on that document that its disclosure is pursuant to this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/2011) (jfe) Modified on 2/3/2011 (jfe).

January 28, 2011

Filing 548 ORDER: Accordingly, the depositions shall take place in the time period contemplated by the December 10, 2010 Order. The Court notes that it will not permit additional depositions of the Herrick witnesses based on any claims that their clients' deposition testimony shows that the Herrick witnesses inappropriately asserted the privilege. As to the number of hours to be set aside for the depositions, the Court normally relies on the presumption contained in Fed. R. Civ. P. 30(d)(l). This case is unusual, however, because of the number of separately-represented parties and claims at issue. Accordingly, the Court orders as follows. The parties are directed to allocate the division of their questioning time on the assumption that the deposition of each Herrick witness can be completed within 7 hours. The parties' questions should be structured in a good faith effort to complete the questioning within the 7-hour period, and thus shall not repeat unnecessarily questions posed by prior questioners. Following the first 7 hours of questioning, the Herrick witnesses shall make themselves available for questioning at the request of any attorney on the following day. With respect to any additional questioning, the attorneys shall make all reasonable efforts to limit the duration of their interrogation. The additional questioning on the second day shall not exceed 7 hours. The Court recognizes that this process relies on the good-fath efforts of the attorneys to limit their questioning. The Court nonetheless hopes that it will succeed in minimizing the number of hours that the witnesses will be deposed. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2011) (jfe)

January 28, 2011

Filing 547 ORDER: A telephone conference to discuss certain procedural matters with respect to the motion to compel will be held on February 3, 2011, at 11:30 a.m. No argument will be heard on the substantive issues. Counsel for plaintiff is directed to arrange this telephone call with counsel for Joshua Safrin and to call the Court with counsel on the line at that time. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2011) (jfe)

January 20, 2011

Filing 546 ORDER; The Court is in receipt of a letter dated January 19, 2011, from counsel for non-party witnesses Dena Cohen and Steven Fleissig. The application contained therein is denied without prejudice to renewal following compliance with paragraph 2.A of this Court's Individual Practices. To assist these non-parties in conducting the conference required by paragraph 2.A, the Court designates Stephen Stem to act as lead counsel for defendants in articulating defendants' position. (Other counsel may be chosen instead of Stephen Stem by defendants if all concur.) Allen Sragow shall act as plaintiffs' (and the related parties') counsel for the conference or shall designate the attorney who will do so. Additionally, the Court notes that it had assumed that the parties had contacted the witnesses (or their attorneys) listed in the December 10, 2010, Order and had confirmed their availability for the dates proposed. The Court also assumed that the parties had obtained the witnesses' agreement as to the initial number of days designated for deposition. Finally, the Court notes that, except for major witnesses in a case, it has normally relied on the presumption contained in Fed. R. Civ. P. 30(d)(1). (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/11) (pl)

January 11, 2011

Filing 545 ORDER: The Court is in receipt of a letter dated January 7, 2011, from Michael C. Rakower on behalf of all defense counsel and a responsive letter dated January 10, 2011, from plaintiffs' counsel. The Court's statements last week as to the probable need for additional time to question Allen Alevy should not be viewed as necessarily applicable to other witnesses in this matter, be they employees of plaintiffs or of defendants. In light of the fact that the parties agreed upon a schedule that presumed a certain number of days for each witness, the Court will not assume in advance of any deposition that additional time is required. Thus, the parties should similarly assume that the agreed-upon time for depositions must be adhered to and should plan their questioning (and the division of time among counsel) accordingly. In the event a party believes it can show good cause for obtaining additional time for questioning, the party may make an application in writing and after the deposition is completed, having first complied with paragraph 2.A of the Court's Individual Practices. Obviously, the party will bear the burden of showing that it appropriately used the time allotted to that party for the deposition. Mr. Rakower is directed to distribute this Order to all counsel. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/10/2011) (lnl)

January 10, 2011

CASHIERS OFFICE REMARK on #540 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/20/2010, Receipt Number 923968. (jd)

January 6, 2011

Filing 544 TRANSCRIPT of proceedings of civil cause for status conference held on November 15, 2010 before Magistrate Judge Gabriel W. Gorenstein. (js)

January 4, 2011

Filing 543 ORDER GRANTING MOTION FOR ADMISSION OF CRAIG H. MISSAKIAN, ESQ., PRO HAC VICE. That Craig H. Missakian, Esq. is admitted Pro Hac Vice for plaintiffs Amusement Industry, Inc. dba Westland Industries and Practical Finance Co., Inc. and Third Party Defendants Steven Alevy dba Bankers Capital Realty Advisors, improperly pled as Steven Alevy and Bankers Capital Realty Advisors, LLC in this action. (Signed by Judge John G. Koeltl on 1/3/11) (db)

December 29, 2010

Filing 542 ORDER GRANTING MOTION FOR ADMISSION OF CRAIG H. MISSAKIAN, ESQ., PRO HAC VICE, that Craig H. Missakian is admitted to practice pro hac vice as counsel for plaintiffs Amusement Industry, Inc. dba Westland Industries and Practical Finance Co., Inc. and Third Party Defendants Steven Alevy dba Bankers Capital Realty Advisors, improperly pled as Steven Alevy and Bankers Capital Realty Advisors, LLC in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/10) (pl)

December 29, 2010

Filing 541 ORDER, that the application of Arent Fox, LLP to be relieved as attorneys in this matter is hereby granted. The Clerk is requested to terminate the appearances of all counsel from that firm on the docket sheet in this matter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/10) (pl)

December 20, 2010

Filing 540 MOTION for Craig H. Missakian to Appear Pro Hac Vice. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc..(mbe)

December 20, 2010

Filing 539 NOTICE OF APPEARANCE by Elissa E. Koolyk on behalf of Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc., Pratical Finance Co., Inc.(a California corporation) (Koolyk, Elissa)

December 17, 2010

Filing 538 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 12/16/10 re: Counsel for the plaintiffs writes to advise the Court about a Motion for Pro Hac Vice that was rejected by the Clerk's Office and that will be resubmitted on December 23, 2010. ENDORSEMENT: Resubmit the motion papers as planned. Any objections to the (anticipated) motion shall be filed on or before December 27, 2010. SO ORDERED. ***No deadlines set as per Chambers instructions. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/10) (mro)

December 10, 2010

Filing 537 ORDER Fact Discovery due by 7/29/2011, see document for other deadlines. The parties shall request a premotion conference to file any dispositive motions by 11/29/11, unless otherwise permitted by the Court. Any dispositive pretrial motions shall be filed pursuant to the directions of the Court, and as further set forth in this document. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/10) (cd)

November 23, 2010

Filing 536 SEALED DOCUMENT placed in vault.(cb)

November 18, 2010

Filing 535 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A - B)(Wood, Thomas)

November 18, 2010

Filing 534 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #228 MOTION to Compel. and In Response to the Supplemental Memorandum of Law in Opposition to Motion to Compel of Plaintiffs, Third-Party Defendant Steven Alevy d/b/a Bankers Capital and Sragow & Sragow. Document filed by Joshua Safrin(an individual). (Wood, Thomas)

November 16, 2010

Filing 533 NOTICE OF APPEARANCE by John Werner Hofsaess, Jr on behalf of Steven Alevy, Amusement Industry, Inc., Bankers Capital Realty Advisors LLC, Practical Finance Co., Inc. (Hofsaess, John)

November 15, 2010

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 11/15/2010. (mro)

November 10, 2010

Filing 532 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 11/9/2010 re: Counsel respectfully request that the conference scheduled for 11/15/2010 at 4:00 p.m. be moved to 11:00 a.m. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2010) (jfe)

November 5, 2010

Filing 531 STIPULATION DISMISSING CERTAIN CLAIMS WITH PREJUDICE AND WITHOUT COSTS: The claims and causes of action asserted by Amusement and Practical against First Republic in the Third Amended Complaint, filed April 27, 2010 [Docket #405], are dismissed with prejudice and without costs. The cross-claims and causes action asserted by First Republic against Bankers Capital Realty and Steven Alevy in First Republic's Answer to and Cross-Claims Against Third Party Defendants Steven Alevy and Bankers Capital Realty Advisors LLC, filed September 2, 2008 [docket #170], are dismissed with prejudice and without costs. The third party claims and causes of action asserted by First Republic against Allen Alevy, Friedman, and Sragow in First Republic's Third Party Complaint filed June 9, 2009 [docket #294], are dismissed with prejudice and without costs. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/5/2010) (jpo) Modified on 11/12/2010 (jpo).

November 3, 2010

Filing 530 SEALED DOCUMENT placed in vault.(nm)

November 3, 2010

Filing 529 DECLARATION of Allen Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)

November 3, 2010

Filing 528 DECLARATION of Allen Alevy in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)

November 3, 2010

Filing 527 DECLARATION of Robert Friedman in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Sragow, Allen)

November 3, 2010

Filing 526 DECLARATION of Steven Alevy in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Attachments: #1 Exhibit A)(Sragow, Allen)

November 3, 2010

Filing 525 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)

October 28, 2010

Filing 524 REPLY MEMORANDUM OF LAW in Support re: #513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

October 20, 2010

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 10/20/2010. (mro)

October 20, 2010

Filing 523 STIPULATION CONSENTING TO SUBSTITUTION OF COUNSEL FOR FIRST REPUBLIC GROUP REALITY, LLC: IT IS HEREBY CONSENTED, that SILVERMANACAMPORA LLP, 100 Jericho Quadrangle, Suite 300, Jericho, New York 11753 be substituted as attorneys of record for First Republic Group Realty, LLC, defendant in the above-captioned action, in place and stead of their undersigned counsel of record. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/18/2010) (jfe)

October 19, 2010

Filing 522 ORDER the Court assumed in its 1/22/10 decision that, even if Sragow had an attorney-client relationship with both Amusement and S. Alevy/Bankers prior to 5/08, that any communications shared between the represented parties and/or their attorney during this period would result in a waiver of privilege unless the "common interest" doctrine was met, and as further set forth in this document. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/10) (cd)

October 18, 2010

Filing 521 DECLARATION of Allen Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)

October 15, 2010

Filing 520 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John W. Hofsaess dated 10/14/10 re: Based on Safrin's submission of new arguments, our office requests that this Court either disregard the aforementioned arguments that are contained within Safrin's Supplemental Reply Brief, or provide an opportunity for my client to address each of these new arguments with a sur-reply. ENDORSEMENT: No explanation is given as to why plaintiffs waited more than 6 weeks to argue that the Supplemental Reply Brief was Improper or required a response. Given that oral argument is being held on Wednesday any response from plaintiffs must be received by the Court by 8:00 a.m. on Tuesday at the latest. So ordered. (Responses due by 10/19/2010) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/10) (rjm)

October 12, 2010

Filing 519 MEMORANDUM OF LAW in Opposition re: #513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification., #515 MOTION to Dismiss Count V of the Third Party Defts. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification.. Document filed by Steven Alevy, Bankers Capital Advisors LLC. (Sragow, Allen)

October 8, 2010

Filing 518 ANSWER to Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Sragow, Allen)

October 8, 2010

Filing 517 ANSWER to Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Sragow, Allen)

October 6, 2010

Filing 516 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 10/6/10 re: As noted in yesterday'S conespondence to Your Honor. the enclosed motion replaces BIR's prior motion against the Third Amended Answer which had been filed under ECF Docket Nos. 482 and 483. ENDORSEMENT: Docket # 482 and # 484 are deemed withdrawn. SO ORDERED. Motions terminated: #482 MOTION to Dismiss Counts V and VI of Bankers Capital and Steven Alevy's Cross-Claims filed by Buchanan Ingersoll & Rooney, P.C. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/6/10) (db)

October 5, 2010

Filing 515 MOTION to Dismiss Count V of the Third Party Defts. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification. Document filed by Stephen Friedman. Responses due by 10/12/2010(Chu, Justin)

October 5, 2010

Filing 514 MEMORANDUM OF LAW in Support re: #513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

October 5, 2010

Filing 513 MOTION to Dismiss Count V of Third-Party Defs. Bankers Capital Realty Advisors LLC and Steven Alevy's Cross-Claim for Indemnification. Document filed by Buchanan Ingersoll & Rooney, P.C.. Responses due by 10/12/2010(Maloney, James)

September 22, 2010

Filing 512 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 9/21/10 re: counsel for defendant respectfully requests the Court schedule the argument for November 2, 2010 if the Court is available. ENDORSEMENT: Following a conference call with Mr. Sragow and Mr. Wood, the oral argument remains scheduled for October 20 at 11:00 a.m. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/10) (pl)

September 17, 2010

Filing 511 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood, IV dated 9/17/10 re: counsel for defendant writes to confirm that Oral Argument on Joshua Safrin's Motion to Compel adjourned to October 20, 2010 at 11:00 a.m. is fine with me. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/17/10) (pl)

September 16, 2010

Filing 510 ORDER, that Oral argument on Joshua Safrin's motion to compel will be held on Friday, October 8, 2010 at 11 :00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/16/10) (pl)

September 16, 2010

Filing 509 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Geisler, Mark)

September 16, 2010

Filing 508 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Moses Stern(an individual).(Geisler, Mark)

September 15, 2010

Filing 507 ANSWER to Crossclaim. Document filed by Avery Egert.(Rakower, Michael)

September 15, 2010

Filing 506 ANSWER to Crossclaim., CROSSCLAIM against Joshua Safrin. Document filed by Ephraim Frenkel(an individual), Land Title Associates Agency, LLC.(Geisler, Mark)

September 15, 2010

Filing 505 ANSWER to Crossclaim., CROSSCLAIM against Joshua Safrin. Document filed by First Republic Group Corp., Moses Stern(an individual).(Geisler, Mark)

September 15, 2010

Filing 504 ANSWER to Counterclaim. Document filed by Joshua Safrin, Joshua Safrin.(Wood, Thomas)

September 9, 2010

Filing 503 ORDER granting #358 Motion to Dismiss. The motion of Steven Alevy, Bankers Capital, Allen Alevy, Allen P. Sragow and Robert Friedman to dismiss the claims asserted against them by defendant Stem in cross-claims and a third party complaint [DI 358] is granted, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein. Stem's objections are without merit and are overruled. Without in any way limiting the generality of the foregoing the Court notes Stem's quite remarkable argument: "At the outset,/or some reason unknown to Stern, the R&R erroneously (i) applied Delaware law, disregarding New York law, and (ii) concluded Stem's injuries were derivative and not direct." Stem Objections [DI 501] 15 (emphasis added). In fact, the report and recommendation carefully explained exactly why Delaware law applied and spent many pages explaining why the alleged injuries were derivative rather than direct. Stem has offered nothing to suggest that Judge Gorenstein erred as a matter of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/8/2010) (jmi)

September 8, 2010

Filing 502 ORDER denying #366 Motion to Dismiss. The motion ofA very Egert and The Safrin Group, LLC, to dismiss the fourth-party complaint of third-party defendant Buchanan Ingersoll & Rooney, P.C. [DI 366] is denied, substantially for the reasons stated in the report and recommendation ofMagistrate Judge Gabriel W. Gorenstein [DI 468] to which no objection has been filed. SO ORDERED.(Signed by Judge Lewis A. Kaplan on 9/8/2010) (jmi)

September 7, 2010

Filing 501 MEMORANDUM OF LAW in Support re: #499 Objection to Report and Recommendations. Document filed by Mark Stern, Moses Stern. (Geisler, Mark)

September 7, 2010

Filing 500 DECLARATION of Stephen R. Stern in Support re: #499 Objection to Report and Recommendations. Document filed by Mark Stern, Moses Stern. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Geisler, Mark)

September 7, 2010

Filing 499 OBJECTION to #467 Report and Recommendations Document filed by Mark Stern, Moses Stern. (Geisler, Mark)

September 3, 2010

Filing 498 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 9/3/2010 re: Counsel for defendants write to request an additional week, to September 15, 2010, for the foregoing defendants to answer the Safrin cross-claims. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/3/2010) (js)

September 2, 2010

Filing 497 AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C., Avery Egert, First Republic Group Realty LLC, Ephraim Frenkel, Stephen Friedman, Land Title Associates Agency, LLC, Moses Stern(an individual)., COUNTERCLAIM against Joshua Safrin(an individual). Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)

September 2, 2010

Filing 496 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #497) - AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C., Avery Egert, First Republic Group Realty LLC, Ephraim Frenkel, Stephen Friedman, Land Title Associates Agency, LLC, Moses Stern(an individual)., COUNTERCLAIM against Joshua Safrin(an individual). Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen) Modified on 9/8/2010 (lb).

September 2, 2010

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Allen Phillip Sragow to RE-FILE Document #495 Amended Answer to Third Party Complaint, Crossclaim, Counterclaim. ERROR(S): Attorney s/signature missing from document. (KA)

September 1, 2010

Filing 495 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Buchanan Ingersoll & Rooney, P.C., Avery Egert, First Republic Group Realty LLC, Ephraim Frenkel, Stephen Friedman, Land Title Associates Agency, LLC, Moses Stern(an individual)., COUNTERCLAIM against Joshua Safrin(an individual). Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen) Modified on 9/2/2010 (KA).

September 1, 2010

Filing 494 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin, Joshua Safrin. (Wood, Thomas)

August 31, 2010

Filing 493 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhbit J, #11 Exhibit K)(Wood, Thomas)

August 27, 2010

Filing 492 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Geisler, Mark)

August 27, 2010

Filing 491 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Moses Stern.(Geisler, Mark)

August 27, 2010

Filing 490 ANSWER to Crossclaim. Document filed by Avery Egert.(Rakower, Michael)

August 27, 2010

Filing 489 ANSWER to Counterclaim. Document filed by Joshua Safrin, Joshua Safrin.(Wood, Thomas)

August 26, 2010

Filing 488 ENDORSED LETTER: addressed to Judge Gabriel W. Gorenstein from Allen P. Sragow dated 8/24/2010. re: Counsel for Bankers Capital Reality Advisors, LLC request an extension of time to respond to Safrin's pleading. Opposing Counsel and consent to the adjournment of this filing for one week until September 1, 2010 ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2010) (js)

August 26, 2010

Filing 487 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Mark W. Geisler dated 8/25/2010 re: Counsel requests an extension of time to file any objections to the Report and Recommendation (ECF No. 467) to and including 9/7/2010. ENDORSEMENT: Request Granted. (Objections to R&R due by 9/7/2010) (Signed by Judge Lewis A. Kaplan on 8/26/2010) (tro)

August 26, 2010

Filing 486 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 8/25/2010 re: Counsel for defendant requests an extension of time to respond to said pleading to and including September 8, 2010. Accordingly, under the the circumstances, Egert's counsel has advised he agrees to extend our clients time to respond to his cross-claims to ten (10) days after either his pleading is found sufficient, or he submits an amended pleading. ENDORSEMENT: 1 and 2 granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2010) (js)

August 26, 2010

Filing 485 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 8/24/2010 re: Counsel for Bankers Capital Realty Advisors requests an extension of time to respond to Egert's pleading. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2010) (js)

August 24, 2010

Filing 484 NOTICE of Motion to Dismiss. Document filed by Stephen Friedman. (Chu, Justin)

August 24, 2010

Filing 483 MEMORANDUM OF LAW in Support re: #482 MOTION to Dismiss Counts V and VI of Bankers Capital and Steven Alevy's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

August 24, 2010

Filing 482 MOTION to Dismiss Counts V and VI of Bankers Capital and Steven Alevy's Cross-Claims. Document filed by Buchanan Ingersoll & Rooney, P.C. Responses due by 9/10/2010(Maloney, James) Modified on 10/28/2010 (db).

August 13, 2010

Filing 481 SEALED DOCUMENT placed in vault.(cb)

August 6, 2010

Filing 480 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel. and in Opposition re: #447 SUPPLEMENTAL MOTION to Compel. Document filed by Steven Alevy, Amusement Industry, Inc.(a California Corporation), Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.(a California corporation). (Sragow, Allen)

August 6, 2010

Filing 479 REPLY MEMORANDUM OF LAW in Support re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by First Republic Group Corp., Ephraim Frenkel, Land Title Associates Escrow, Moses Stern. (Geisler, Mark)

August 6, 2010

Filing 478 SEALED DOCUMENT placed in vault.(nm)

August 6, 2010

Filing 477 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Mark Geisler dated 8/6/10 re: Request for an extension of time to file objections to the Report and Recommendation to and including 8/27/10. ENDORSEMENT: Application granted. (Objections to R&R due by 8/27/2010) (Signed by Judge Lewis A. Kaplan on 8/6/10) (cd)

August 5, 2010

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 8/5/2010. (mro)

August 5, 2010

Filing 476 ORDER withdrawing #411 Motion to Dismiss; withdrawing #418 Motion to Dismiss; withdrawing #438 Motion to Dismiss; withdrawing #441 Motion to Dismiss. For the reasons stated today on the record, the following motions to dismiss are deemed withdrawn with leave to reinstate at any time: Docket # 411, 418, 438, and 441. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/5/2010) (tro)

August 3, 2010

Filing 475 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood dated 8/3/2010 re: Requesting an extension to August 27, 2010 to respond to the counterclaims. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/2010) (jpo)

August 3, 2010

Filing 474 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 8/2/10 re: counsel for Buchanan, Ingersoll & Rooney, PC ("BIR") request for an extension of Third-Party Defendants BIR and Stephen Friedman's time to respond to cross-claims asserted by Bankers Capital Realty Advisors, Inc. in its Third Amended Answer to Safrin's Third Amended Third-Party Complaint from August 3 through and including August 24, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/10) (pl)

August 3, 2010

Filing 473 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 8/2/10 re: counsel for defendants and cross-claim defendants Moses (Mark) Stem, First Republic Group Corp., Ephraim Frenkel and Land Title Associates Escrow (collectively herein, "CrossClaim Defendants") request an extension of Cross-Claim Defendants' time to respond to cross-claims asserted by Bankers Capital Realty Advisors LLC and Steven Alevy (ECF No. 464) to and including August 27, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/10) (pl)

August 3, 2010

Filing 472 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 8/2/10 re: counsel for Avery Egert ("Egert") and The Safrin Group, LLC request for an extension until August 27, 2010 to respond to the cross claims asserted by Bankers Capital and Steven Alevy as part of Their Amended Answer to the Third Amended Complaint of Defendant Safrin, filed on July 20, 2010 (Docket No. 464). ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/10) (pl)

July 29, 2010

Filing 471 REPLY MEMORANDUM OF LAW in Support re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

July 26, 2010

Filing 470 ORDER. Before the Court are a number of motions that seek to dismiss some but not all claims in various pleadings. (Docket # 407, 410, 411, 418, 432, 435, 438, and 441). Because it appears that the parties making these motions will necessarily continue to litigate this case and participate in discovery regardless of the outcome of the motions, the Court wishes to understand whether a ruling on the motions in their current form - which by their nature address facts that may change once discovery is concluded - will be an efficient use of judicial resources. The Court will hold a conference to discuss this matter on August 3, 2010 at 3:00 p.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. (Conference set for 8/3/2010 at 03:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm)

July 26, 2010

Filing 469 REPORT AND RECOMMENDATION. For the reasons stated in this Report and Recommendation, Egert's motion to dismiss the amended third-party complaint (Docket # 392) should be denied. re: #392 MOTION to Dismiss. filed by Avery Egert Objections to R&R due by 8/12/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm)

July 26, 2010

Filing 468 REPORT AND RECOMMENDATION. For the reasons stated in this Report and Recommendation, Egert and TSG's motion to dismiss the amended fourth-party complaint (Docket # 366) should be denied. re: #366 MOTION to Dismiss First Amended Fourth Party Complaint. filed by The Safrin Group, LLC, Avrahom Egert Objections to R&R due by 8/12/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm) Modified on 7/26/2010 (rjm).

July 26, 2010

Filing 467 REPORT AND RECOMMENDATION. For the reasons stated in this Report and Recommendation, the motion to dismiss Stern's cross-claims and third-party complaint (Docket # 358) should be granted. re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern. filed by Allen Alevy, Steven Alevy, Allen P. Sragow, Bankers Capital Realty Advisors LLC, Robert Friedman Objections to R&R due by 8/12/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/10) (rjm) Modified on 7/26/2010 (rjm).

July 21, 2010

Filing 466 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James J. Maloney dated 3/19/10 re: We submit that the principles articulated in Restatement (Second) of Torts section 886B and the example provided in subdivision (2)(c) as well as the Mas decision are applicable here and would be applied by the New York Courts which would sustain a claim for indemnification at this stage of the action. Document filed by Buchanan Ingersoll & Rooney P.C.(mro)

July 21, 2010

Filing 465 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 2/19/10 re: Pursuant to Your Honor's Order and paragraph 2(B) of this Court's Individual practices, we have consulted with BIR's counsel and agreed to the following briefing schedule: (1) Our clients' motion to dismiss is due today, 2/19/10; (2) BIR's opposition papers, if any, will be due on 3/12/10; and (3) our client's reply papers, if any, will be due on 3/26/10. Document filed by The Safrin Group, LLC, Avery Egert.(mro)

July 20, 2010

Filing 464 AMENDED ANSWER to #423 Third Party Complaint with JURY DEMAND., CROSSCLAIM against Avery Egert, Buchanan Ingersoll & Rooney, P.C., Land Title Associates Agency, LLC, First Republic Group Realty LLC, Moses Stern(an individual), Ephraim Frenkel(an individual), Stephen Friedman., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)

July 14, 2010

Filing 463 MEMORANDUM OF LAW in Opposition re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Sragow, Allen)

July 13, 2010

Filing 462 MEMORANDUM OF LAW in Opposition re: #441 MOTION to Dismiss Cross-claims of Joshua Safrin.. Document filed by Joshua Safrin. (Wood, Thomas)

July 8, 2010

Filing 461 MEMORANDUM OF LAW in Opposition re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint., #435 MOTION to Dismiss Safrin's Third Amended Third Party Complaint.. Document filed by Joshua Safrin(an individual). (Wood, Thomas)

June 30, 2010

Filing 460 REPLY MEMORANDUM OF LAW in Support re: #418 MOTION to Dismiss Cross-claims of Avery Egert.. Document filed by Moses Stern(an individual), Ephraim Frenkel(an individual), Land Title Associates Escrow. (Geisler, Mark)

June 24, 2010

Filing 459 CERTIFICATE OF SERVICE of ANSWER WITH AFFIRMATIVE DEFENSES served on ALL COUNSEL on 6/24/10. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)

June 24, 2010

Filing 458 ANSWER to Amended Complaint. Document filed by Avery Egert. Related document: #405 Amended Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc..(Rakower, Michael)

June 24, 2010

Filing 457 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 6/23/2010 re: Bankers Capital respectfully requests em Order permitting it to file the previously proposed draft of its cross-claims that were originally submitted with the Motion for Leave to Amend (Docket Entry No. 205, including a draft of the proposed pleading at Docket Entry No. 206, Exhibit G), which can now be ordered upon the consent of the parties, and requests that Bankers Capital be permitted to revise that proposed pleading to include Bankers Capital's revisions to its fifth cross-claim for indemnification pertaining to Buchanan Ingersoll (for which leave was already granted). Avery Egert requests (and Plaintiffs consent to this request) an extension of time to file his Answer to Plaintiffs' Third Amended Complaint. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/24/2010) (tve)

June 23, 2010

Filing 456 REPLY MEMORANDUM OF LAW in Support re: #411 MOTION to Dismiss Cross Claims of Avery Egert.. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)

June 23, 2010

Filing 455 RESPONSE in Opposition re: #438 MOTION to Dismiss Joshua Safrin's Third Amended Third Party Complaint.. Document filed by Joshua Safrin(an individual). (Wood, Thomas)

June 11, 2010

Filing 454 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Avery Egert's Opposition to Motion to Dismiss by Mark Stern, Ephraim Frenkel and Land Title Associates Escrow served on ALL COUNSEL on 6/11/10. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)

June 11, 2010

Filing 453 MEMORANDUM OF LAW in Opposition re: #418 MOTION to Dismiss Cross-claims of Avery Egert.. Document filed by Avery Egert. (Rakower, Michael)

June 11, 2010

Filing 452 REPLY MEMORANDUM OF LAW in Support re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

June 11, 2010

Filing 451 REPLY AFFIRMATION of James J. Maloney in Support re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Maloney, James)

June 9, 2010

Filing 450 MEMORANDUM OF LAW in Support re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel. (Geisler, Mark)

June 9, 2010

Filing 449 DECLARATION of Stephen R. Stern in Support re: #448 MOTION to Dismiss Third Amended Complaint.. Document filed by First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit B, Part 1, #4 Exhibit B, Part 2, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Geisler, Mark)

June 9, 2010

Filing 448 MOTION to Dismiss Third Amended Complaint. Document filed by First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel.(Geisler, Mark)

June 8, 2010

Filing 447 RESPONSE in Support re: #228 MOTION to Compel. and Response to Declarations and Documents Submitted for In Camera Review. Document filed by Joshua Safrin(an individual). (Wood, Thomas)

June 7, 2010

Filing 446 DECLARATION of Thomas M. Wood, IV, Esquire in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F Part 1 of 8, #7 Exhibit F Part 2 of 8, #8 Exhibit F Part 3 of 8, #9 Exhibit F Part 4 of 8, #10 Exhibit F Part 5 of 8, #11 Exhibit F Part 6 of 8, #12 Exhibit F Part 7 of 8, #13 Exhibit F Part 8 of 8, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I Part 1 of 7, #17 Exhibit I Part 2 of 7, #18 Exhibit I Part 3 of 7, #19 Exhibit I Part 4 of 7, #20 Exhibit I Part 5 of 7, #21 Exhibit I Part 6 of 7, #22 Exhibit I Part 7 of 7, #23 Exhibit J)(Wood, Thomas)

June 4, 2010

Filing 445 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Steven Alevy and Bankers Capital's Motion to Dismiss Egert's Cross-Claims served on All Parties on 6/4/2010. Service was accepted by All Parties. Document filed by Avery Egert. (Rakower, Michael)

June 4, 2010

Filing 444 MEMORANDUM OF LAW in Opposition re: #411 MOTION to Dismiss Cross Claims of Avery Egert.. Document filed by Avery Egert. (Rakower, Michael)

June 2, 2010

Filing 443 MEMORANDUM OF LAW in Support re: #441 MOTION to Dismiss Cross-claims of Joshua Safrin.. Document filed by Moses Stern(an individual), Ephraim Frenkel, Land Title Associates Escrow, First Republic Group Corp.. (Geisler, Mark)

June 2, 2010

Filing 442 DECLARATION of Stephen R. Stern in Support re: #441 MOTION to Dismiss Cross-claims of Joshua Safrin.. Document filed by First Republic Group Corp., Moses Stern(an individual), Ephraim Frenkel(an individual), Land Title Associates Escrow. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Geisler, Mark)

June 2, 2010

Filing 441 MOTION to Dismiss Cross-claims of Joshua Safrin. Document filed by Ephraim Frenkel(an individual), Moses Stern(an individual), Land Title Associates Escrow, First Republic Group Corp..(Geisler, Mark)

June 1, 2010

Filing 440 DECLARATION of Allen P. Sragow in Support re: #438 MOTION to Dismiss Joshua Safrin's Third Amended Third Party Complaint.. Document filed by Bankers Capital Realty Advisors LLC, Steven Alevy. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sragow, Allen)

June 1, 2010

Filing 439 MEMORANDUM OF LAW in Support re: #438 MOTION to Dismiss Joshua Safrin's Third Amended Third Party Complaint.. Document filed by Bankers Capital Realty Advisors LLC, Steven Alevy. (Sragow, Allen)

June 1, 2010

Filing 438 MOTION to Dismiss Joshua Safrin's Third Amended Third Party Complaint. Document filed by Bankers Capital Realty Advisors LLC, Steven Alevy.(Sragow, Allen)

May 28, 2010

Filing 437 CERTIFICATE OF SERVICE of MEMORANDUM OF LAW IN OPPOSITION TO BUCHANAN INGERSOLL & ROONEY, PC'S AND STEPHEN FRIEDMAN'S MOTION TO DISMISS AVERY EGERT'S CROSS-CLAIMS served on ALL PARTIES on 5/28/10. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert. (Rakower, Michael)

May 28, 2010

Filing 436 MEMORANDUM OF LAW in Opposition re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Avery Egert. (Rakower, Michael)

May 27, 2010

Filing 435 MOTION to Dismiss Safrin's Third Amended Third Party Complaint. Document filed by Stephen Friedman.(Chu, Justin)

May 27, 2010

Filing 434 MEMORANDUM OF LAW in Support re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

May 27, 2010

Filing 433 DECLARATION of James J. Maloney in Support re: #432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Maloney, James)

May 27, 2010

Filing 432 MOTION to Dismiss Safrin's Third Amended Third-Party Complaint. Document filed by Buchanan Ingersoll & Rooney, P.C.. Responses due by 6/10/2010(Maloney, James)

May 25, 2010

Filing 431 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Justin Y.K. Chu dated 5/25/10 re: Defendant Stephen Friedman ["Friedman"] respectfully requests permission to file a motion to dismiss third-party plaintiff Joshua Safrin's First, Second, Fourth and Fifth Counts in Safrin's Third Amended Third-Party Complaint, filed on May 13, 2010 (Docket # 423), for the same reasons stated in the May 25, 2010 letter of David Bayne, counsel for Buchanan Ingersoll & Rooney, P.C. ["BIR"]. ENDORSEMENT: Pre-motion conference requirement waived. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/25/10) (rjm) Modified on 6/7/2010 (rjm).

May 25, 2010

Filing 430 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David Bayne dated 5/25/10 re: Request for a premotion conference re BIR's proposed motion to dismiss. ENDORSEMENT: Pre-motion conference waived. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/25/10) (cd)

May 21, 2010

Filing 429 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 5/20/2010 re: Counsel respectfully request that this Court grant counsels request to file a motion to dismiss Safrin's Third-Party Complaint, and extend Bankers; initial response time to the same to June 1, 2010. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/21/2010) (jfe)

May 19, 2010

Filing 428 CERTIFICATE OF SERVICE of REPLY MEMORANDUM IN SUPPORT OF A. EGERT'S MOTION TO DISMISS FIRST AMENDED THIRD PARTY COMPLAINT OF MARK STERN served on ALL PARTIES (VIA COUNSEL) on 5/19/10. Service was accepted by ALL COUNSEL VIA ECF. Document filed by Avery Egert. (Rakower, Michael)

May 19, 2010

Filing 427 REPLY MEMORANDUM OF LAW in Support re: #392 MOTION to Dismiss.. Document filed by Avery Egert. (Rakower, Michael)

May 17, 2010

Filing 426 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 5/13/2010 re: Requesting the following briefing schedule: The motion to dismiss is to be served and filed by no later than June 2, 2010; Opposition to the motion will be served and filed no later than June 16, 2010, and the reply to the opposition will be served and filed no later than June 25, 2010. ENDORSEMENT: Granted. Paragraph 2B applies to the subsequent schedule. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/2010) (jpo) Modified on 5/24/2010 (jpo).

May 13, 2010

Filing 425 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 5/13/10 re: counsel for defendant write to Your Honor to advise that counsel for plaintiffs Amusement Industry, Inc. et ano and defendants Mark Stern, First Republic Group Corp., Ephraim Frenkel and Land Title Associates Escrow' have agreed to the following briefing schedule with regard to the Third Amended Complaint, namely: 1. The Motion to Dismiss (the "Motion") is to be served and filed by no later than June 9, 2010; 2. Opposition to the Motion (the "Opposition") will be served and filed no later than June 30, 2010. and 3. The Reply to the Opposition will be served and filed no later than July 12, 2010. ENDORSEMENT: Granted. Paragraph 2.B of my practices applies to the subsequent briefing scheduling. The parties hereby request that the Court consider the briefs and supplement briefs filed by each of them with the Court in connection with the Complaint and First Amended Complaint and note that the briefs to be filed and served shall address the changes in the Third Amended Complaint incorporating said prior filings. We write seeking the Court's permission to the foregoing briefing schedule - on consent of the parties. ENDORSEMENT: Denied. File a new brief that addresses the Third Amended Complaint. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/13/10) (pl)

May 13, 2010

Filing 424 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 5/13/10 re: counsel for defendant write to Your Honor to advise that counsel for Joshua Safrin and defendants Mark Stern. First Republic Group Corp. Ephraim Frenkel and Land Title Associates Escrow have agreed to the following briefing schedule with regard to the cross claims filed by Mr. Safrin, namely: 1. The Motion to Dismiss (the "Motion") is to be served and filed by no later than June 2, 2010; 2. Opposition to the Motion (the "Opposition") will be served and filed no later than June 16, 2010, and 3. The Reply to the Opposition will be served and filed no later than June 25, 2010. We write seeking the Court's permission to the foregoing briefing schedule - on consent of the parties. ENDORSEMENT: Granted. Paragraph 2B applies to the subsequent schedule. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/13/10) (pl) Modified on 5/13/2010 (pl).

May 13, 2010

Filing 422 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 5/12/10 re: counsel for defendants writes that at our request, counsel for plaintiffs has agreed to extend the time for the Defendants to respond to the Third Amended Complaint through and including June 9, 2010. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/10) (pl) Modified on 5/13/2010 (pl).

May 11, 2010

Filing 421 ANSWER to Amended Complaint with JURY DEMAND., CROSSCLAIM against First Republic Group Corp., Land Title Associates Agency, LLC, Ephraim Frenkel, First Republic Group Realty LLC, Moses Stern(an individual). Document filed by Joshua Safrin. Related document: #405 Amended Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc..(Wood, Thomas)

May 10, 2010

Filing 420 MEMORANDUM OF LAW in Support re: #418 MOTION to Dismiss Cross-claims of Avery Egert.. Document filed by Moses Stern(an individual), Ephraim Frenkel, Land Title Associates Escrow. (Geisler, Mark)

May 10, 2010

Filing 419 DECLARATION of Stephen R. Stern in Support re: #418 MOTION to Dismiss Cross-claims of Avery Egert.. Document filed by Ephraim Frenkel, Moses Stern, Land Title Associates Escrow. (Attachments: #1 Exhibit Exhibit A)(Geisler, Mark)

May 10, 2010

Filing 418 MOTION to Dismiss Cross-claims of Avery Egert. Document filed by Land Title Associates Escrow, Moses Stern(an individual), Ephraim Frenkel. Responses due by 6/11/2010(Geisler, Mark)

May 7, 2010

Filing 423 THIRD PARTY COMPLAINT against Steven Alevy, Stephen Friedman, Buchanan Ingersoll & Rooney, P.C., Bankers Capital Realty Advisors LLC.Document filed by Joshua Safrin(an individual).(rdz)

May 7, 2010

AMENDED (THIRD PARTY) SUMMONS ISSUED as to Stephen Friedman, Bankers Capital Realty Advisors LLC, Steven Alevy, Buchanan Ingersoll & Rooney, P.C.. (rdz)

May 6, 2010

Filing 417 MEMORANDUM OF LAW in Opposition re: #392 MOTION to Dismiss. Memorandum of Law in Opposition to Third Party Defendant Avery Egert's Motion to Dismiss Mark Stern's First Amended Third Party Complaint. Document filed by Mark Stern. (Geisler, Mark)

May 5, 2010

Filing 416 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark E. Geisler dated 5/5/2010 re: Counsel for defendants writes requesting a pre-motion conference in connection with Defendants' proposed motions to dismiss or in the alternative to grant their request to file motions to dismiss the cross-claims of Egert and Safrin. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/5/2010) (tve)

May 5, 2010

Filing 415 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood IV dated 4/20/2010 re: Accordingly, Safrin requests that the Court permit him to file the Third Amended Third Party Complaint in the form enclosed herewith. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/5/2010) (js)

April 30, 2010

Filing 414 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Justin Y.K. Chu dated 4/30/2010 re: Defendant Friedman respectfully requests permission to file a motion to dismiss Avery Egert's cross-claims. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/30/2010) (tro)

April 30, 2010

Filing 413 DECLARATION of Allen P. Sragow in Support re: #411 MOTION to Dismiss Cross Claims of Avery Egert.. Document filed by Bankers Capital Realty Advisors LLC. (Attachments: #1 Exhibit A)(Sragow, Allen)

April 30, 2010

Filing 412 MEMORANDUM OF LAW in Support re: #411 MOTION to Dismiss Cross Claims of Avery Egert.. Document filed by Bankers Capital Realty Advisors LLC. (Sragow, Allen)

April 30, 2010

Filing 411 MOTION to Dismiss Cross Claims of Avery Egert. Document filed by Bankers Capital Realty Advisors LLC, Steven Alevy.(Sragow, Allen)

April 30, 2010

Filing 410 MOTION to Dismiss Defendant Egert's Cross-Claims. Document filed by Stephen Friedman.(Chu, Justin)

April 30, 2010

Filing 409 MEMORANDUM OF LAW in Support re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

April 30, 2010

Filing 408 DECLARATION of James Maloney in Support re: #407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims.. Document filed by Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Maloney, James)

April 30, 2010

Filing 407 MOTION to Dismiss Defendant Avery Egert's Cross-Claims. Document filed by Buchanan Ingersoll & Rooney, P.C.. Responses due by 5/14/2010(Maloney, James)

April 30, 2010

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Mark Alan Bloom for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #405 Amended Complaint, to: case_openings@nysd.uscourts.gov. (mro)

April 28, 2010

Filing 406 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 4/26/2010 re: Counsel for Cross-Claimants Bankers Capital and Steven Alevy requests that this Court grant Cross-Claimants Bankers Capital and Steven Alevy permission to file a Motion to Dismiss Egert's Cross-Complaint. Alternatively, Counsel requests that this court grant their request to file a Motion to dismiss Egert's Cross-Claims ENDORSEMENT: and grant Bankers request to do the same. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/28/2010) (js)

April 27, 2010

Filing 405 THIRD AMENDED COMPLAINT amending #240 Amended Complaint, against Land Title Associates Agency, LLC, Avery Egert, First Republic Group Corp., Moses Stern, Joshua Safrin, First Republic Group Realty, LLC, Ephraim Frenkel.Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc. Related document: #240 Amended Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc. (mro) (Additional attachment(s) added on 5/4/2010: #1 Exhibit, #2 Exhibit) (mro).

April 23, 2010

Filing 404 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Allen P. Sragow dated 4/21/2010 re: Plaintiffs request that the Court provide leave to file the proposed Third Amended Complaint. ENDORSEMENT: Granted on consent. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/23/2010) (jfe)

April 22, 2010

Filing 403 REPLY AFFIRMATION of Allen P. Sragow in Support re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman, Bankers Capital Realty Advisors LLC, Steven Alevy. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14)(Sragow, Allen)

April 22, 2010

Filing 402 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman, Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)

April 13, 2010

Filing 401 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated 4/13/10 re: Request to file a motion to dismiss Stern's amended third party complaint nunc pro tunc. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/13/10) (db)

April 8, 2010

Filing 400 ANSWER to Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Sragow, Allen)

April 8, 2010

Filing 399 ANSWER to Crossclaim. Document filed by Bankers Capital Realty Advisors LLC, Steven Alevy.(Sragow, Allen)

April 8, 2010

Filing 398 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 4/8/2010 re: Counsel for Buchanan, Ingersoll & Rooney, PC, along with Safrin's counsel agree to extend BIR and Friedman's time to answer Safrin's Second Amended Third-Party Complaint from 4/9/2010 through and including 5/7/2010. ENDORSEMENT: SO ORDERED. Stephen Friedman answer due 5/7/2010; Buchanan Ingersoll & Rooney, P.C. answer due 5/7/2010. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/8/2010) (tro)

April 8, 2010

Filing 397 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen P. Sragow dated 4/7/2010 re: Counsel for Bankers Capital Realty Advisors and Steven Alevy write to request an extension of time to respond to Egert's Cross-Claims from 4/12/2010 through and including 4/30/2010. Counsel for Egert has no objection to this request. ENDORSEMENT: Granted. Steven Alevy answer due 4/30/2010; Bankers Capital Realty Advisors LLC answer due 4/30/2010. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/8/2010) (tro)

April 7, 2010

Filing 396 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 4/7/2010 re: Counsel for defendants writes requesting an extension of time for Stern, Frenkel and LTA to respond to Egert's cross claim from 4/12/2010 through and including 5/7/2010. Further counsel for Joshua Safrin has agreed to extend the time for Stern, FRG Corp., Frenkel and LTA to respond to Safrin's cross-claim from 4/14/2010 through and including 5/7/2010. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/7/2010) (tve)

April 6, 2010

Filing 395 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from David F. Bayne dated 4/6/2010 re: Requesting an extension of time to respond to Egert's Cross-Claims from April 12 through and including April 30, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/6/2010) (jpo)

April 5, 2010

Filing 394 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss served on All Counsel on 4/5/2010. Document filed by Avery Egert. (Rakower, Michael)

April 5, 2010

Filing 393 MEMORANDUM OF LAW in Support re: #392 MOTION to Dismiss. First Amended Third Party Complaint of Mark Stern. Document filed by Avery Egert. (Rakower, Michael)

April 5, 2010

Filing 392 MOTION to Dismiss. Document filed by Avery Egert.(Rakower, Michael)

April 2, 2010

Filing 391 SEALED DOCUMENT placed in vault.(nm)

April 2, 2010

Filing 390 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Motion served on All Counsel on 4/2/2010. Document filed by The Safrin Group, LLC, Avery Egert. (Rakower, Michael)

April 2, 2010

Filing 389 REPLY MEMORANDUM OF LAW in Support re: #366 MOTION to Dismiss First Amended Fourth Party Complaint.. Document filed by The Safrin Group, LLC, Avery Egert. (Rakower, Michael)

April 1, 2010

Filing 388 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern.. Document filed by Mark Stern, Moses Stern(an individual). (Geisler, Mark)

April 1, 2010

Filing 387 DECLARATION of Stephen R. Stern in Opposition re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern.. Document filed by Mark Stern, Moses Stern(an individual). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Geisler, Mark)

March 24, 2010

Filing 386 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against First Republic Group Corp., Land Title Associates Escrow, Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel. Document filed by Joshua Safrin.(Wood, Thomas)

March 22, 2010

Filing 385 CERTIFICATE OF SERVICE of Answer, Affirmative Defenses and Cross-Claims served on ALL on 3/22/10. Service was made by VIA ECF. Document filed by Avery Egert. (Miller, David)

March 22, 2010

Filing 384 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Stephen Friedman, Steven Alevy, Buchanan Ingersoll & Rooney, P.C., Bankers Capital Realty Advisors LLC, Moses Stern, Ephraim Frenkel, Land Associates Escrow. Document filed by Avery Egert.(Miller, David)

March 19, 2010

Filing 382 ANSWER to Crossclaim., CROSSCLAIM against Bankers Capital Realty Advisors LLC. Document filed by Stephen Friedman.(Chu, Justin)

March 19, 2010

Filing 381 MEMORANDUM OF LAW in Opposition re: #366 MOTION to Dismiss First Amended Fourth Party Complaint.. Document filed by Buchanan Ingersoll & Rooney P.C.. (Maloney, James)

March 18, 2010

Filing 380 ANSWER to Crossclaim., CROSSCLAIM against Bankers Capital Realty Advisors LLC. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)

March 15, 2010

Filing 383 FIRST AMENDED THIRD PARTY COMPLAINT OF MARK STERN AGAINST AVERY EGERT amending #65 Third Party Complaint, against Avery Egert, Allen Alevy, Allen P. Sragow, Robert Friedman. Document filed by Mark Stern, First Republic Group Realty, L.L.C. Related document: #65 Third Party Complaint, filed by Joshua Safrin.(djc)

March 11, 2010

Set Deadlines/Hearings:Buchanan Ingersoll & Rooney, P.C. answer due 4/9/2010; Stephen Friedman answer due 4/9/2010. (jpo)

March 11, 2010

Filing 379 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from David F. Bayne dated 3/11/2010 re: Counsel for Safrin, BIR and Friedman have agreed to extend BIR and Friedman's time to answer Safrin's pleading from March 19 through and including April 9, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/11/2010) (jpo) Modified on 3/16/2010 (ae).

March 11, 2010

Set/Reset Deadlines: Joshua Safrin answer due 3/24/2010. (jmi)

March 11, 2010

Filing 378 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael C. Rakower dated March 10,2010 re: we hereby request that this deadline be extended to March 24,2010. ENDORSEMENT: Granted. SO ORDERED., The Safrin Group, LLC answer due 3/24/2010; Avery Egert answer due 3/24/2010 and Joshua Safrin answer due 3/24/2010. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/10/2010) (jmi) Modified on 3/12/2010 (jmi).

March 10, 2010

Filing 377 TRANSCRIPT of proceedings held on 1/22/10 before Magistrate Judge Gabriel W. Gorenstein. (pl)

March 3, 2010

Filing 376 CORRECTED ORDER; that the motion of defendants Joshua Safrin and Avery Egert to dismiss the amended complaint as against them [DI 266], which has been made applicable to the second amended complaint, is granted to the extent that (1) the fraud claims based on the statements alleged in paragraphs 72, 74(g) and 75 of the amended complaint, (2) the negligent misrepresentation claim, (3) the claim for a constructive trust under Alabama law, (4) the claim for an equitable lien under Virginia law, and (5) the declaratory judgment claim all are dismissed. It is denied in all other respects. This ruling is made substantially for the reasons stated in Judge Gorenstein's report and recommendation [DI 354] to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/1/10) (pl)

March 3, 2010

Filing 375 CORRECTED ORDER; that the motion of Buchanan Ingersoll & Rooney, P.C. to dismiss Bankers Capital's cross-claim against it for indemnification [DI 139] is granted with leave to replead, substantially for the reasons stated in Judge Gorenstein's report and recommendation [DI 356] to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/1/10) (pl)

March 1, 2010

***DELETED DOCUMENT. Deleted document number #375 ORDER. The deleted document is a duplicate of docket entry number 370. (rw)

March 1, 2010

Filing 374 ORDER granting #233 Motion to Dismiss, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Gabriel W. Gorenstein, dated January 22, 2010, to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/1/10) (djc)

March 1, 2010

Filing 373 ORDER granting #308 Motion to Dismiss is granted, substantially for the reasons stated in Judge Gorenstein's report and recommendation [DI 355] to which no objection has been filed. Third-party plaintiff Stern is granted leave to replead provided the amended third-party complaint is filed no later than March 15, 2010. (Signed by Judge Lewis A. Kaplan on 3/1/10) (djc)

March 1, 2010

Filing 372 ORDER granting in part and denying in part #266 Motion to Dismiss as set forth herein. This ruling is made substantially for the reasons stated in Judge Gorenstein's report and recommendation [DI 354] to which no objection had been filed. Third-party plaintiff Stern is granted leave to replead provided the amended third-party complaint is filed no later than March 15, 2010. (Signed by Judge Lewis A. Kaplan on 3/1/10) (djc)

March 1, 2010

Filing 371 ORDER. The motion of defendant Buchanan Ingersoll & Rooney, PC [DI 133], to dismiss Safrin's amended third party complaint, which by agreement of the parties and order of Magistrate Judge Gorenstein, has been made applicable to Safrin's second amended third party complaint, is granted to the extent that Counts II, III, VII, VIII and X are dismissed and otherwise denied,substantially for the reasons stated in Judge Gorenstein's report and recommendation [DI 353] to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/1/10) (djc)

March 1, 2010

Filing 370 ORDER. The motion of Buchanan Ingersoll & Rooney, P.C. to dismiss Bankers Capital's cross-claim against it for indemnification [DI 139] is granted, substantially for the reasons stated in Judge Gorenstein's report and recommendation [DI 356] to which no objection has been filed. (Signed by Judge Lewis A. Kaplan on 3/1/10) (djc)

February 24, 2010

Filing 368 ORDER: In light of the possibility that the expected Answer may differ materially from the existing Answer with respect to the crossclaim allegations, the Court does not believe it would be an efficient use of judicial resources to decide the existing motions (Docket # 116, 118) on the current motion papers, and thus they are deemed withdrawn. Accordingly, any crossc1aim defendants seeking to dismiss any crossc1aims in the expected Answer are directed to file new motion papers that specifically address the allegations in that pleading. It is not necessary, however, to re-file any previously filed documents other than memoranda of law and any notices of motion. If, in fact, the allegations regarding the crossclaim defendants in the expected Answer are identical to the allegations cited in the existing motion papers, the crossclaim defendants have leave to reinstate the prior motions by letter without filing any new papers. Safrin will have the same option with respect to his opposition papers. The filing of a new Answer by Safrin brings up another problem. At the time First Republic Group Corp. ("FRG Corp.") moved to dismiss the second amended third-party complaint (Docket # 114), it was not a co-defendant in the underlying action. However, plaintiffs' Corrected First Amended Complaint, on May 12, 2009 (Docket # 285) named FRG Corp. as a co-defendant. Thus, if Safrin intends to assert claims against FRG Corp., he will be required to do so in the form of a crossclaim in the expected Answer. Accordingly, the Court considers FRG Corp.' s motion to dismiss the third-party complaint, Docket # 114, to be withdrawn for the same reasons just stated. FRG Corp. may move to dismiss any crossclaims against it contained in the expected Answer by filing new motion papers. And if, in fact, the allegations against FRG Corp. in the expected Answer are identical to the allegations contained in the prior third-party complaint cited in the existing motion papers, FRG Corp. has leave to reinstate its prior motion by letter without filing any new papers. Again, Safrin will have the same option with respect to his opposition papers. Briefing on any motions shall be in accordance with paragraph 2.A of this Court's Individual practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/23/2010) (tve)

February 23, 2010

Filing 369 TRANSCRIPT of proceedings held on January 12, 2010 before Magistrate Judge Gabriel W. Gorenstein. (ajc)

February 22, 2010

Filing 367 MEMORANDUM OF LAW in Support re: #366 MOTION to Dismiss First Amended Fourth Party Complaint.. Document filed by Avrahom Egert, The Safrin Group, LLC. (Rakower, Michael)

February 22, 2010

Filing 366 MOTION to Dismiss First Amended Fourth Party Complaint. Document filed by Avrahom Egert, The Safrin Group, LLC. Responses due by 3/12/2010(Rakower, Michael)

February 19, 2010

Filing 365 ORDER: In light of the dismissal of the "crossclaims" in the third-party complaint, the motions docketed as # 116 and 118 were rendered moot. Nonetheless, the Court assumes that the moving parties now wish their motion papers for dockets # 116 and 118 to be considered by the Court as constituting motions to dismiss the crossclaims against them contained in the Answer, that the moving parties do not wish to amend or supplement those papers, that Safrin does not object to this procedure, and that Safrin relies on his previously-filed papers to oppose the motion. If such is not the case, the parties should so inform the Court by letter faxed to the Court on or before Tuesday, February 23, 2009 at 12:00 noon. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/19/2010) (jfe) Modified on 3/3/2010 (jfe).

February 19, 2010

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Rakower to RE-FILE Document #363 MOTION to Dismiss First Amended Fourth Party Complaint. Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)

February 19, 2010

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Rakower to RE-FILE Document #362 Notice (Other), Notice (Other). Use the event type Dismiss found under the event list Motions. (jar)

February 19, 2010

Filing 364 CERTIFICATE OF SERVICE of Notice of Motion, Motion to Dismiss First Amended Fourth Party Complaint served on ALL COUNSEL on 2/19/10. Service was made by ECF. Document filed by Avrahom Egert, The Safrin Group, LLC. (Rakower, Michael)

February 19, 2010

Filing 363 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law in Support) - MOTION to Dismiss First Amended Fourth Party Complaint. Document filed by Avrahom Egert, The Safrin Group, LLC. Responses due by 3/12/2010(Rakower, Michael) Modified on 2/22/2010 (jar).

February 19, 2010

Filing 362 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Motion to Dismiss) - NOTICE of Motion to Dismiss First Amended Fourth Party Complaint re: #348 Amended Complaint,. Document filed by The Safrin Group, LLC, Avery Egert. (Rakower, Michael) Modified on 2/22/2010 (jar).

February 19, 2010

Filing 361 STIPULATION EXTENDING BUCHANAN INGERSOLL & ROONEY PC AND STEPHEN FRIEDMAN'S TIME TO ANSWER SAFRIN'S SECOND AMENDED THIRD-PARTY COMPLAINT; that Third-Party Defendants' time to answer or otherwise plead in response to the Second Amended Third-Party Complaint is hereby extended through and including March 19, 2010. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/19/2010) (tve)

February 11, 2010

Filing 360 AFFIDAVIT of Allen P. Sragow in Support re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman, Bankers Capital Realty Advisors LLC, Steven Alevy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6-a, #7 Exhibit 6-b, #8 Exhibit 7-a, #9 Exhibit 7-b, #10 Exhibit 7-c, #11 Exhibit 8-a, #12 Exhibit 8-b, #13 Exhibit 8-c, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11)(Sragow, Allen)

February 11, 2010

Filing 359 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman, Steven Alevy, Bankers Capital Realty Advisors LLC. (Sragow, Allen)

February 11, 2010

Filing 358 SUPPLEMENTAL MOTION to Dismiss Third Party Complaint and Cross Claims of Mark Stern. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman, Steven Alevy, Bankers Capital Realty Advisors LLC. Responses due by 3/12/2010(Sragow, Allen)

February 9, 2010

Filing 357 TRANSCRIPT of proceedings held on January 22, 2010 at 11:00 am before Magistrate Judge Gabriel W. Gorenstein. (eef)

February 9, 2010

Filing 356 REPORT AND RECOMMENDATIONS For the foregoing reasons, Buchanans motion to dismiss Count V of Bankers Capitals cross-claims as against it (Docket # 139) should be granted with leave to replead. Objections to R&R due by 2/26/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/9/2010) (jmi)

February 9, 2010

Filing 355 REPORT AND RECOMMENDATIONS re: #308 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC Against Avery Egert. filed by Avery Egert. For the foregoing reasons, Egerts motion to dismiss the third-party complaint as against him (Docket # 308) should be granted. The dismissal should give Stern leave to replead. Objections to R&R due by 2/26/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/8/2010) (jmi)

February 9, 2010

Filing 354 REPORT AND RECOMMENDATIONS re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc.. filed by Joshua Safrin, Avery Egert. For the foregoing reasons, Safrins and Egerts motion to dismiss the amended complaint as against them (Docket # 266) should be granted in part and denied in part. Specifically, the following claims should be dismissed: (1) fraud as to the statements described in 72, 74(g), 75 of the amended complaint, (2) negligent misrepresentation, (3) the claim for a constructive trust under Alabama law, (4) the claim for an equitable lien under Virginia law, and (5) the claim for a declaratory judgment. The remaining claims should not be dismissed. Objections to R&R due by 2/26/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/9/2010) (jmi)

February 9, 2010

Filing 353 REPORT AND RECOMMENDATIONS For the foregoing reasons, Buchanans motion to dismiss the Second Amended Third Party Complaint as against it (Docket # 133) should be granted in part and denied in part. Specifically, Safrins claims against Buchanan for declaratory judgment (Count II), for indemnity based on an implied contract (Count III), for the non-conspiracy claim under the New York Civil Rights Law (Count VII), and for relief under Californias right to privacy law (Counts VIII and X) should be dismissed. The remaining claims should not be dismissed. Objections to R&R due by 2/26/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/9/2010) (jmi)

February 9, 2010

Motion No Longer Referred: re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP filed by Herrick, Feinstein, LLP. (ad)

February 3, 2010

***DELETED DOCUMENT. Deleted document number 351 ORDER. The document was a duplicate of doc. #350 filed in this case. (ae)

February 3, 2010

Filing 352 ORDER. The Court directs that, in the course of this briefing, the parties shall state their positions, either in a memorandum of law or by supplementary letter, as to whether the indemnity definition found in Restatement (Second) of Torts section 886B(1) and the examples provided in section 886B(2) are applicable here, and whether the principles articulated therein would be applied by New York courts. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/10) (djc)

February 3, 2010

Filing 350 ORDER. It appears that the second amended complaint does not amend any of the allegations relevant to Safrin and Egert's motion. Accordingly, we assume that the parties to that motion would ask that their briefing apply to the second amended complaint. If this is not the case, the parties may so state by letter, provided such letter is faxed to the Court by noon on February 4,2010. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/2/10) (djc)

January 29, 2010

Filing 348 FIRST AMENDED FOURTH PARTY COMPLAINT amending #1 Complaint, against The Safrin Group, LLC, Avery Egert.Document filed by Buchanan Ingersoll & Rooney P.C., Buchanan Ingersoll & Rooney, P.C.. Related document: #1 Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc..(mbe) (ama).

January 28, 2010

Filing 349 SECOND AMENDED COMPLAINT against Amusement Industry, Inc., Practical Finance Co., Inc..Document filed by Allen Alevy, Allen P. Sragow, Stephen Friedman, Steven Alevy, Bankers Capital Realty Advisors LLC. (Attachments: #1 Main Document)(rdz)

January 27, 2010

Filing 347 NOTICE of Second Amended Complaint re: #285 Amended Complaint,. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Sragow, Allen)

January 22, 2010

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 1/22/2010. Discovery order issued. See transcript. (tro)

January 22, 2010

Filing 346 REPORT AND RECOMMENDATIONS: For the foregoing reasons, Herrick's motion to dismiss the Second Amended Third Party Complaint as against it (Docket #233) should be granted. Pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen (14) days from service of this Report and Recommendation. to serve and file any objections Objections to R&R due by 2/8/2010 (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/22/2010) (jpo)

January 22, 2010

Filing 345 ORDER: For the reason stated today on the record, the motion to compel (Docket #228) is granted. Leave has been been granted to make additional submissions with respect to certain categories of documents. The required production of documents in those categories is stayed to permit consideration of any submissions. The deadlines contained in the October 9, 2009 scheduling order are each extended by 90 days. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/22/2010) (jpo)

January 20, 2010

Filing 344 ORDER, Plaintiffs have leave to file a second amended complaint as described in their letter of 1/15/10. Such filing shall take place by 1/27/10. In light of this planned filing, the Court deems the motion to dismiss (docket #279) withdrawn without prejudice to reinstatement by letter or other written means. The parties shall either answer, move, or reinstate previously filed motions with respect to such second amended complaint within 30 days of its filing, unless otherwise ordered by the Court. The parties should attempt to agree on a briefing schedule in accordance with paragraph 2.B of this Court's Individual Practices. ( Amended Pleadings due by 1/27/2010.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/10) (cd)

January 12, 2010

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 1/12/2010. (tro)

January 12, 2010

Filing 343 ORDER: For the reasons stated at a conference held today, Steven Alevy's and Bankers Capital's motion to dismiss the cross-claims of First Republic Group (Docket # 162), and Allen Alevy, Robert Friedman, and Allen Sragow's motion to dismiss First Republic Group's cross-claims (Docket # 302) are deemed withdrawn without prejudice to reinstatement by letter or other written means. The Court understands that the parties have agreed on a briefing schedule for any reinstated motion, as set forth in plaintiffs' letter of January 7, 2010. In the event the parties wish to revise that schedule, they should follow paragraph 2.B of this Court's Individual practices. In addition, Buchanan, Ingersoll & Rooney has leave to file an amended fourth party complaint solely to include additional factual allegations as discussed at today's conference. The proposed amended complaint shall be filed on or before January 29, 2010. In light of this filing, Avery Egert and The Safrin Group's motion to dismiss (Docket # 319) is deemed withdrawn. The parties are to arrange a briefing schedule for any renewed motion to dismiss in accordance with paragraph 2.B of this Court's Individual practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/12/2010) (jfe)

January 8, 2010

Filing 342 ORDER: A conference to discuss the status of the pending motions to dismiss will be held on Tuesday, January 12, 2010, at 11:00 a.m. in Courtroom 9-A, 500 Pearl Street, New York, New York. Any party may elect to attend this conference by telephone provided it so informs the Court by fax in advance of the conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/8/2010) (rw) Modified on 1/8/2010 (rw).

January 6, 2010

Filing 341 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stephen R. Stern dated 1/6/2010 re: As the Court is aware, this firm represents defendant and third party plaintiff Mark Stern as well as other named parties, namely, First Republic Group Corp; Ephraim Frenkel and Land Title Associates in the above action. We are writing in connection with the January 6, 20 10 request of the Neuberger, Quinn et al firm, counsel for Joshua Safrin. Your Honor's order of the same date, the proposed date of February 1,2010 at 10:00 a.m., a date which we were informed was available, and Your Honors individual practices, to advise...we are not available on January 21, 2010 and did advise we were available on February L 2010 at 10:00 a.m., the first alternate date provided to us. ENDORSEMENT: Conference date changed to Friday, January 22, 2010 at 11:00 a.m. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/6/2010) (jmi)

December 31, 2009

Filing 340 ORDER that the parties to documents #162 and 302 are directed to send letters to the Court on or before 1/8/10 that set forth their position as to this proposed course of action. Prior to doing so, however, the parties are directed to confer to see if they can reach agreement on how to proceed. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/31/09) (dle)

December 23, 2009

Filing 339 ORDER: Oral Argument on defendant and third party plaintiff Joshua Safrin's motion to compel (Docket #228) set for 1/22/2010 at 03:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/23/2009) (tve) Modified on 12/29/2009 (tve).

November 4, 2009

Filing 338 NOTICE OF CHANGE OF ADDRESS by Justin Y.K. Chu on behalf of Stephen Friedman. New Address: McCarter & English LLP, 245 Park Avenue, 27th Floor, New York, New York, US 10167, 212-609-6800. (Chu, Justin)

October 29, 2009

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 10/29/2009. (mro)

October 23, 2009

Filing 337 CERTIFICATE OF SERVICE of REPLY MEMORANDUM, DECLARATION OF MICHAEL C. RAKOWER IN SUPPORT OF MOTION TO DISMISS served on ALL COUNSEL on 10/23/09. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avrahom Egert, The Safrin Group, LLC. (Rakower, Michael)

October 23, 2009

Filing 336 DECLARATION of Michael C. Rakower in Support re: #319 MOTION to Dismiss Fourth Party Complaint of Buchanan Ingersoll & Rooney, P.C. Against Avery Egert and The Safrin Group.. Document filed by The Safrin Group, LLC, Avery Egert. (Rakower, Michael)

October 23, 2009

Filing 335 REPLY MEMORANDUM OF LAW in Support re: #319 MOTION to Dismiss Fourth Party Complaint of Buchanan Ingersoll & Rooney, P.C. Against Avery Egert and The Safrin Group.. Document filed by The Safrin Group, LLC, Avery Egert. (Rakower, Michael)

October 15, 2009

Filing 334 NOTICE OF CHANGE OF ADDRESS by Martin I Kaminsky on behalf of Stephen Friedman. New Address: McCarter & English LLP, 245 Park Avenue, 27th Floor, New York, New York, USA 10167, 212-609-6902. (Kaminsky, Martin)

October 9, 2009

Filing 333 ORDER: The following scheduling order is adopted by the Court pursuant to Rule 16 of the Federal Rules of Civil Procedure: So Ordered ( Deposition due by 7/26/2010., Discovery due by 4/19/2010., Motions due by 8/23/2010., Pretrial Order due by 9/16/2010.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/9/09) (js)

October 8, 2009

Filing 332 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Allen Stragow dated 10/6/09 re: Request that Bankers/S. Alevy's previously filed responsive answer be applied to Frenkel/LTA"S currently applied cross-complaint and the fully briefed motion to dismiss be applied to Stern/FREG applied cross complaint. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/7/09) (cd)

October 6, 2009

Filing 331 NOTICE of Substitution of Attorney. Old Attorney: Martin I. Kaminsky, New Attorney: Martin I. Kaminsky, Address: McCarter & English, LLP, 245 Park Avenue, 27th Floor, New York, New York, USA 10167, 212-609-6800. Document filed by Stephen Friedman. (Kaminsky, Martin)

October 5, 2009

Filing 330 ORDER A pre-trial conference in this matter is scheduled for October 13,2009 at 11:15 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. All parties should be prepared to report to the Court on the status of the case. ( Pretrial Conference set for 10/13/2009 at 11:15 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2009) (jmi)

October 2, 2009

Filing 329 MEMORANDUM OF LAW in Opposition re: #319 MOTION to Dismiss Fourth Party Complaint of Buchanan Ingersoll & Rooney, P.C. Against Avery Egert and The Safrin Group.. Document filed by Buchanan Ingersoll & Rooney P.C.. (Maloney, James)

October 2, 2009

Filing 328 DECLARATION of Stephen Friedman in Opposition re: #319 MOTION to Dismiss Fourth Party Complaint of Buchanan Ingersoll & Rooney, P.C. Against Avery Egert and The Safrin Group.. Document filed by Buchanan Ingersoll & Rooney P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Affidavit of Service)(Maloney, James)

September 28, 2009

Filing 327 OPINION AND ORDER,#98127 for the foregoing reasons, defendants' motion to disqualify plaintiffs' counsel (docket #121) is denied, except that the Sragow firm will be bound by its prior representations that it will not question any witnesses at depositions. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/25/09) (cd) Modified on 10/8/2009 (eef).

August 27, 2009

Filing 326 TRANSCRIPT of proceedings held on 7/2/09 before Magistrate Judge Gabriel W. Gorenstein. (ldi)

August 21, 2009

Filing 325 REPLY AFFIRMATION of Allen P. Sragow in Support re: #302 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sragow, Allen)

August 21, 2009

Filing 324 REPLY MEMORANDUM OF LAW in Support re: #302 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman. (Sragow, Allen)

August 17, 2009

Filing 323 CERTIFICATE OF SERVICE of Reply Memorandum of Law served on All Counsel on 8/17/09. Service was accepted by All Counsel. Document filed by Avery Egert. (Miller, David)

August 17, 2009

Filing 322 REPLY MEMORANDUM OF LAW in Support re: #308 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC Against Avery Egert.. Document filed by Avery Egert. (Miller, David)

August 14, 2009

Filing 321 CERTIFICATE OF SERVICE of Notice of Motion and Memoradum of Law in Support of Motion served on All Counsel on 8/14/09. Service was accepted by All Counsel. Document filed by The Safrin Group, LLC, Avery Egert. (Miller, David)

August 14, 2009

Filing 320 MEMORANDUM OF LAW in Support re: #319 MOTION to Dismiss Fourth Party Complaint of Buchanan Ingersoll & Rooney, P.C. Against Avery Egert and The Safrin Group.. Document filed by Avrahom Egert, The Safrin Group, LLC. (Miller, David)

August 14, 2009

Filing 319 MOTION to Dismiss Fourth Party Complaint of Buchanan Ingersoll & Rooney, P.C. Against Avery Egert and The Safrin Group. Document filed by Avrahom Egert, The Safrin Group, LLC.(Miller, David)

August 11, 2009

Filing 318 NOTICE OF APPEARANCE by Eugene R. Scheiman on behalf of Allen Alevy, Allen P. Sragow, Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Amusement Industry, Inc., Practical Finance Co., Inc., Pratical Finance Co., Inc. (Scheiman, Eugene)

August 11, 2009

Filing 317 NOTICE OF APPEARANCE by Mark Alan Bloom on behalf of Allen Alevy, Allen P. Sragow, Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Amusement Industry, Inc., Practical Finance Co., Inc., Pratical Finance Co., Inc. (Bloom, Mark)

August 6, 2009

Filing 316 CONSENT TO SUBSTITUTION OF COUNSEL FOR AMUSEMENT INDUSTRY, INC. (dba WESTLAND INDUSTRIES), STEVEN ALEVY, ALLEN ALEVY, BANKERS CAPITAL, ALLEN SRAGOW and PRACTICAL FINANCE CO., INC.,: IT IS HEREBY CONSENTED, that Arent Fox LLP, 1675 Broadway, New York, New York 10019 be substituted as attorneys of record for Amusement Industry, Inc. (dba Westland Industries), Steven Alevy, Allen Alevy, Bankers Capital, Allen Sragow and Practical Finance Co., Inc., in the above-captioned action, in place and stead of Sills Cummis & Gross P.C., One Rockefeller Plaza, New York, New York 10020. It is hereby Ordered that the firm Arent Fox, LLP become, and hereby is, Substituted as counsel for plaintiffs in the above-captioned action. So Ordered. (Signed by Judge Paul A. Crotty, Part I on 8/5/2009) (jfe)

August 3, 2009

Filing 315 MEMORANDUM OF LAW in Opposition re: #308 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC Against Avery Egert.. Document filed by Mark Stern. (Geisler, Mark)

July 28, 2009

Filing 314 NOTICE of Substitution of Attorney. Old Attorney: Stephen R. Stern, New Attorney: Lon J. Seidman, Address: SilvermanAcampora LLP, 100 Jericho Quadrangle, Suite 300, Jericho, NY, USA 11753, 516-479-6300. Document filed by First Republic Group Realty, L.L.C., First Republic Group Realty LLC, First Republic Group Realty, LLC. (Seidman, Lon)

July 17, 2009

Filing 313 ORDER Defendant Joshua Safrin filed a third-party complaint impleading Herrick, Feinstein LLP (Docket # 203). Herrick moved to dismiss the third-party complaint against it (Docket # 233). Unless Safrin concedes that such claims cannot survive in the event of the dismissal of the indemnification and contribution claims (such agreement to be communicated promptly to Herrick), Safrin and Herrick are each directed to submit a memorandum of law or letter addressing this issue on or before July 24, 2009. If either party wishes to respond to the other's arguments, it may do so by memorandum of law or letter on or before July 29,2007. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/17/2009) (jmi)

July 16, 2009

Filing 312 TRANSCRIPT of proceedings held on 5/26/09 before Magistrate Judge Gabriel W. Gorenstein. (ldi)

July 14, 2009

Filing 311 MEMORANDUM OF LAW in Opposition re: #302 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC.. Document filed by Mark Stern, First Republic Group Realty, L.L.C.. (Geisler, Mark)

July 14, 2009

Filing 310 CERTIFICATE OF SERVICE of NOTICE OF MOTION, MEMORANDUM OF LAW served on ALL COUNSEL on 7/14/09 (ORIGINALLY SERVED ON 7/10/09 AND RE-SERVED UPON 7/14/09 RE-FILING). Service was accepted by ALL COUNSEL. Document filed by Avery Egert. (Rakower, Michael)

July 14, 2009

Filing 309 MEMORANDUM OF LAW in Support re: #308 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC Against Avery Egert.. Document filed by Avery Egert. (Rakower, Michael)

July 14, 2009

Filing 308 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC Against Avery Egert. Document filed by Avery Egert.(Rakower, Michael)

July 10, 2009

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Rakower to RE-FILE Document #305 MOTION to Dismiss Third Party Complaint by Mark Stern and First Republic Group Realty, LLC Against Avery Egert. Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)

July 10, 2009

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Rakower to RE-FILE Document #306 Notice (Other), Notice (Other). Use the event type Dismiss found under the event list Motions. (jar)

July 10, 2009

Filing 307 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law served on All Parties on 7/10/09. Service was accepted by All Counsel. Document filed by Avery Egert. (Rakower, Michael)

July 10, 2009

Filing 306 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - NOTICE of Motion to Dismiss Third Party Complaint by Mark Stern and First Republic Group Realty, LLC Against Avery Egert re: #305 MOTION to Dismiss Third Party Complaint by Mark Stern and First Republic Group Realty, LLC Against Avery Egert.. Document filed by Avery Egert. (Rakower, Michael) Modified on 7/14/2009 (jar).

July 10, 2009

Filing 305 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION to Dismiss Third Party Complaint by Mark Stern and First Republic Group Realty, LLC Against Avery Egert. Document filed by Avery Egert.(Rakower, Michael) Modified on 7/14/2009 (jar).

July 2, 2009

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 7/2/2009. (mro)

June 30, 2009

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 6/30/2009. (tro)

June 29, 2009

Filing 304 DECLARATION of Allen Sragow in Support re: #302 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman. (Attachments: #1 Exhibit A to Certification of Allen Sragow, #2 Exhibit B to Certification of Allen Sragow, #3 Exhibit C to Certification of Allen Sragow)(Sragow, Allen)

June 29, 2009

Filing 303 MEMORANDUM OF LAW in Support re: #302 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC.. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman. (Sragow, Allen)

June 29, 2009

Filing 302 MOTION to Dismiss Third Party Complaint of Mark Stern and First Republic Group Realty, LLC. Document filed by Allen Alevy, Allen P. Sragow, Robert Friedman.(Sragow, Allen)

June 25, 2009

Filing 301 REPLY MEMORANDUM OF LAW in Support re: #279 MOTION to Dismiss First Amended Complaint.. Document filed by First Republic Group Corp., Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Geisler, Mark)

June 25, 2009

Filing 300 REPLY AFFIDAVIT of Stephen R. Stern in Support re: #279 MOTION to Dismiss First Amended Complaint.. Document filed by First Republic Group Corp., Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Geisler, Mark)

June 25, 2009

Filing 299 NOTICE OF CHANGE OF ADDRESS by Martin I Kaminsky on behalf of Stephen Friedman. New Address: Pollack & Kaminsky, 245 Park Avenue, 27th Floor, New York, New York, USA 10167, 212-575-4700. (Kaminsky, Martin)

June 19, 2009

Filing 298 CERTIFICATE OF SERVICE of REPLY MEMORANDUM AND AFFIRMATION IN SUPPORT OF SAME served on ALL COUNSEL on 6/19/09. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Avery Egert, Joshua Safrin. (Rakower, Michael)

June 19, 2009

Filing 297 REPLY AFFIRMATION of Michael C. Rakower in Support re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc... Document filed by Avery Egert, Joshua Safrin. (Attachments: #1 Exhibit A: Wire Transfer, #2 Exhibit B: Amusement Motion Documents Dated 2/10/09)(Rakower, Michael)

June 19, 2009

Filing 296 REPLY MEMORANDUM OF LAW in Support re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc... Document filed by Avery Egert, Joshua Safrin. (Rakower, Michael)

June 17, 2009

Filing 295 ORDER: A conference to discuss plaintiffs' request will be held on June 30, 2009, at 3:30 p.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. Mr. Niederman is directed to attend this conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/17/2009) (rw)

June 11, 2009

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Mark W. Geisler for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 294 Third Party Complaint to: case_openings@nysd.uscourts.gov. (laq)

June 10, 2009

Filing 293 DECLARATION of Thomas Moss Wood, IV in Opposition re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP.. Document filed by Joshua Safrin. (Wood, Thomas)

June 10, 2009

Filing 292 RESPONSE in Opposition re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP. (SUR-REPLY). Document filed by Joshua Safrin. (Attachments: #1 Exhibit A and Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibits E, F and G)(Wood, Thomas)

June 9, 2009

Filing 294 THIRD PARTY COMPLAINT against Allen Alevy, Allen P. Sragow, Robert Friedman, Avery Egert.Document filed by Mark Stern, First Republic Group Realty, L.L.C.(laq)

June 9, 2009

Filing 291 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 6/8/2009 re: We represent defendants Moses (Mark) Stern, First Republic Group Realty, LLC, First Republic Group Corp., Ephraim Frenkel, and Land Title Associates Escrow ("Defendants"). I respectfully request that the time for the submission of the materials requested be extended by three business days, to Friday, June 11, 2009, I have asked Messrs, Sragow and Kiefer whether they consent to this brief adjournment; as of the writing of this letter, I have not received a response. In any event, I believe plaintiffs/third party defendants would not suffer any prejudice by this request for a brief adjournment. If the within request is granted, it would seem appropriate to provide Messrs. Sragow and Kiefer with two weeks and three business days to respond to the papers Defendants will submit. ENDORSEMENT: GRANTED. Please don't wait until the last minute for any future request. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/9/2009) (jmi)

June 8, 2009

Filing 290 MEMORANDUM OF LAW in Opposition re: #279 MOTION to Dismiss First Amended Complaint.. Document filed by Amusement Industry, Inc., Steven Alevy, Pratical Finance Co., Inc.. (Kiefer, David)

June 2, 2009

Filing 289 RESPONSE in Opposition re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc.. /Request for Judicial Notice in Support of Plaintiffs' Opposition to Safrin/Egert's Motion to Dismiss. Document filed by Amusement Industry, Inc., Steven Alevy, Pratical Finance Co., Inc.. (Kiefer, David)

June 2, 2009

Filing 288 MEMORANDUM OF LAW in Opposition re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc... Document filed by Amusement Industry, Inc., Steven Alevy, Pratical Finance Co., Inc.. (Kiefer, David)

May 27, 2009

Filing 287 ORDER...if Safrin wishes to respond to Herrick's new arguments, he may file a sur-reply brief on or before 6/10/09. ( Surreply due by 6/10/2009) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/27/09) (cd)

May 15, 2009

Filing 286 ORDER. With respect to the motion to compel (Docket #228), the Court believes it may be helpful to review ex parte a manageable portion of the 966 documents (as counted by one of the parties) that are the subject of the motion. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/14/09) (djc)

May 12, 2009

Filing 285 CORRECTED FIRST AMENDED COMPLAINT amending #240 Amended Complaint, against Avery Egert, First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Joshua Safrin, First Republic Group Realty, LLC, Ephraim Frenkel. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. Related document: #240 Amended Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc..(dle)

May 12, 2009

SUMMONS ISSUED as to The Safrin Group, LLC, Avery Egert, First Republic Group Corp., Moses Stern, Joshua Safrin, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (dle)

May 12, 2009

SUMMONS ISSUED as to Land Title Associates Escrow. (dle)

May 8, 2009

Filing 284 REPLY MEMORANDUM OF LAW in Support re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP.. Document filed by Herrick, Feinstein LLP. (Kaplan, Alan)

May 8, 2009

Filing 283 DECLARATION of Thomas M. Wood, IV in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibits B and C, #3 Exhibit D part 1, #4 Exhibit D part 2, #5 Exhibits E thru N)(Wood, Thomas)

May 8, 2009

Filing 282 REPLY MEMORANDUM OF LAW in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin. (Wood, Thomas)

May 6, 2009

Filing 281 MEMORANDUM OF LAW in Support re: #279 MOTION to Dismiss First Amended Complaint.. Document filed by First Republic Group Corp., Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Geisler, Mark)

May 6, 2009

Filing 280 DECLARATION of Stephen R. Stern in Support re: #279 MOTION to Dismiss First Amended Complaint.. Document filed by First Republic Group Corp., Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit Exhibit A, Part 1, #2 Exhibit Exhibit A, Part 2)(Geisler, Mark)

May 6, 2009

Filing 279 MOTION to Dismiss First Amended Complaint. Document filed by First Republic Group Corp., Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. Responses due by 6/1/2009(Geisler, Mark)

May 6, 2009

Filing 278 STIPULATION AND ORDER that Amusement Industry, Inc. and Practical Finance Co., Inc. have advised they believe their interests are aligned with those of Sragow and Alevy who are both citizens of California and therefore plaintiffs represent they will not assert any claims against either Sragow or Alevy as further set forth in this order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/5/09) (dle)

May 6, 2009

Filing 277 ORDER that the existing scheduling order is modified by the Court pursuant to Rule 16 of the FRCP to the following extent: Fact discovery shall be completed by 10/21/09. Disclosure of the identities and reports of experts shall be made by 11/16/09. disclosure of identities and reports of rebuttal experts shall be made by 12/15/09. Depositions of expert witnesses shall be completed by 1/15/10. Parties shall inform each other of their intent to file dispositive motions by 1/29/10. Any dispositive pre-trial motions shall be filed by 2/12/10. If no party states its intention to file a dispositive pre-trial motion, plaintiffs will supply pre-trial order materials to defendants on or before March 1,2010. The pre-trial order shall be filed 15 days thereafter. If, however, a dispositive motion is served, the due date of plaintiffs portion of the pre-trial order materials shall be extended to 30 days following decision on the dispositive motion and the pre-trial order shall be filed within 15 days thereafter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/5/09) (dle) Modified on 5/11/2009 (dle).

May 6, 2009

Filing 276 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Alan D. Kaplan dated 4/28/09 re: Herrick Feinstein LLP requests that there be included in the scheduling order a provision requiring all parties to provide to Herrick within thirty days copies of all discovery requests, responses and documents previously exchanged within this action prior to Herrick having been made a party herein. ENDORSEMENT: Granted without objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/5/09) (dle)

May 6, 2009

Filing 275 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael Rakower dated 4/29/09 re: counsel for defendant requests that the Court add to the scheduling order a provision requiring the parties to provide to this firm copies of all discovery requests, responses and documents previously exchanged in this matter within thirty days from entry of the order. ENDORSEMENT: Granted without objection. Please raise any additional dispute by means of the process described in paragraph 2A of this Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/5/09) (dle)

May 6, 2009

Filing 274 STIPULATION AND ORDER that pursuant to the Court's Order, dated April 24, 2009, and Fed. R, Civ. Proc. 41(a)(2), Defendant/Third Party-Counterclaim-Crossclaim-Plaintiff Joshua Safrin ("Safrin"), by his attorneys, hereby dismisses, without prejudice, only the crossclaims asserted in Safrin's Second Amended Third Party Complaint against Moses Stem, aka Mark Stem, First Republic Group Realty LLC, Ephraim Frenkel and Land Title Associates Escrow (collectively, "the Stern Parties") and the counterclaims asserted against plaintiffs Amusement Industry, Inc., dba Westland Industries ("Amusement"), and Practical Finance Co., Inc. (collectively, "plaintiffs"), as duplicative in light of the fact that all of those crossclaims and counterclaims have been asserted in Safrin's previously filed Answer to Plaintiffs Complaint, Affirmative Defenses, Counterclaims and Crossclaims in the above-captioned case (Docket Number 148); hereinafter, referred to as "Safrin's Answer". Safrin expressly preserves and does not release, discharge or dismiss (a) any counterclaims or crossclaims he has against any party as set forth in Safrin's Answer or (b) any claims asserted in Safrin's Second Amended Third Party Complaint against any third party defendant. So Ordered without objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/09) (dle)

May 1, 2009

Filing 273 MEMORANDUM OF LAW in Support re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc... Document filed by Avery Egert, Joshua Safrin. (Rakower, Michael)

May 1, 2009

Filing 272 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 4/30/09 re: defendants Moses (Mark) Stem, First Republic Group Realty, LLC, respectfully request that Your Honor's Order of April 24, 2009 be clarified to reflect that the Defendants have moved to dismiss the cross-claims asserted against them by Safrin. ENDORSEMENT: Yes. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/1/09) (pl)

April 30, 2009

Filing 271 NOTICE OF CHANGE OF ADDRESS by David Emanuel Miller on behalf of Avrahom Egert, The Safrin Group, LLC, Avery Egert. New Address: Law Office of Michael C. Rakower, 747 Third Avenue, 32nd Floor, New York, New York, USA 10017, (212) 660-5550. (Miller, David)

April 30, 2009

Filing 270 NOTICE OF CHANGE OF ADDRESS by David Emanuel Miller on behalf of Avrahom Egert, The Safrin Group, LLC, Avery Egert. New Address: Law Office of Michael C. Rakower, P.C., 747 Third Avenue, 32nd Floor, New York, New York, USA 10017, (212) 660-5550. (Miller, David)

April 29, 2009

Filing 269 CERTIFICATE OF SERVICE of Motion to Dismiss served on COUNSEL FOR ALL PARTIES on 4-29-09. Service was accepted by COUNSEL FOR ALL PARTIES. Service was made by ECF. Document filed by Avery Egert, Joshua Safrin. (Rakower, Michael)

April 29, 2009

Filing 268 DECLARATION of Thomas M. Wood, IV in Support re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc... Document filed by Avery Egert, Joshua Safrin. (Attachments: #1 Exhibit A to Declaration of T. Wood, #2 Exhibit B to Declaration of T. Wood, #3 Exhibit C to Declaration of T. Wood)(Rakower, Michael)

April 29, 2009

Filing 267 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 273) - JOINT MEMORANDUM OF LAW in Support re: #266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc... Document filed by Avery Egert, Joshua Safrin. (Rakower, Michael) Modified on 5/5/2009 (gp).

April 29, 2009

Filing 266 JOINT MOTION to Dismiss First Amended Complaint by Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc.. Document filed by Avery Egert, Joshua Safrin. Responses due by 5/25/2009(Rakower, Michael)

April 29, 2009

Filing 264 STIPULATION EXTENDING JOSHUA SAFRIN'S TIME TO REPLY TO OPPOSITION TO MOTION TO COMPEL FILED BY PLAINTIFFS, THIRD-PARTY DEFENDANTS AND SRAGOW & SRAGOW It is hereby stipulated and agreed that Safrins time to file reply papers in response to Plaintiffs, AlveyBankers, and Sragows Memorandum In Opposition to Safrins Motion To Compel is hereby extended from April 29, 2009 to May 6, 2009. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/09) (mme)

April 28, 2009

Filing 263 STIPULATION EXTENDING ABOVE DEFENDANTS TIME TO RESPOND TO AMENDED COMPLAINT. IT IS HEREBY STIPULATED by and between the undersigned attorneys for Defendants Moses Stem, First Republic Group Realty, LLC, Ephraim Frenkel and Land Title Associates Escrow (collectively, "Defendants"), and Plaintiffs Amusement Industry, Inc. and Practical Finance Co., Inc., that the aforementioned Defendants time to answer, move or otherwise plead in response to the Amended Complaint is hereby extended to May 6, 2009; and IT IS FURTHER HEREBY STIPULATED AND AGREED that the following briefing schedule shall be used with respect to any motion to dismiss the Amended Complaint by the aforementioned Defendants: (a) The motion to dismiss and supporting memorandum of law shall be filed by the aforementioned Defendants on or before May 6, 2009; (b) Answering papers, if any, on the aforementioned Defendants motion to dismiss shall be filed by Plaintiffs on or before June 1, 2009; (c) Reply papers, if any, on the aforementioned Defendants motion to dismiss shall be filed on or before June 15, 2009; and (d) No further extensions absent formal motion showing extraordinary circumstances. Moses Stern answer due 5/6/2009; First Republic Group Realty, LLC answer due 5/6/2009; Ephraim Frenkel answer due 5/6/2009.(Motions due by 5/6/2009., Replies due by 6/15/2009., Responses due by 6/1/2009) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/28/09) (rjm)

April 27, 2009

Filing 265 STIPULATION EXTENDING TIME HERRICK, FEINSTEIN LLP'S TIME TO SUBMIT A REPLY IN FURTHER SUPPORT OF MOTION TO DISMISS SAFRIN'S THIRD-PARTY COMPLAINT It is hereby stipulated and agreed that Herricks time to file reply papers in further support of its Motion of Dismiss Safrins Third-Party Complaint is hereby extended from May 1, 2009 to May 8, 2009. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/09) (mme)

April 24, 2009

Filing 262 ORDER: Safrin is therefore ORDERED to show cause why the crossclaims asserted in his thirdparty complaint should not be dismissed on the ground that they are not permitted by Fed. R. Civ. P. 14(a)(1). The submission may be made by letter and shall be sent on or before May 1, 2009. Any response may be made on or before May 8, 2009. In the alternative, Safrin may submit a stipulation agreeing to dismissal of the third-party complaint as against these defendants. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/24/09) (tro)

April 24, 2009

Filing 261 ORDER: Accordingly, one or more of the parties should provide a letter to the Court indicating (1) what new claims will be filed (as well as by whom and against whom) and (2) the basis for subject matter jurisdiction over any proposed new claims. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/24/09) (tro) (Additional attachment(s) added on 4/28/2009: #1 Order) (tro).

April 24, 2009

Filing 260 NOTICE OF APPEARANCE by Michael C. Rakower on behalf of Avrahom Egert, The Safrin Group, LLC, Avery Egert (Rakower, Michael)

April 23, 2009

Filing 259 ENDORSED LETTER: addressed to Judge Gabriel W. Gorenstein from David W. Kiefer dated 4/17/09 re: Counsel for Plaintiff request that the Court waive the requirement that experts' identities and report be disclosed by April 20, 2009. ENDORSEMENT: deadline is adjourned sine die. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/23/09) (js)

April 20, 2009

Filing 258 SUMMONS RETURNED EXECUTED Summons and Fourth Party Complaint served. Avrahom Egert served on 3/31/2009, answer due 4/20/2009; Avery Egert served on 3/31/2009, answer due 4/20/2009. Service was accepted by J. Quezaza, Co-worker. Document filed by Buchanan Ingersoll & Rooney P.C.. (Cordero, Steven)

April 17, 2009

Filing 257 AFFIDAVIT of Steven Alevy in Opposition re: #228 MOTION to Compel.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Kiefer, David)

April 17, 2009

Filing 256 AFFIDAVIT of Allen Alevy in Opposition re: #228 MOTION to Compel.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Kiefer, David)

April 17, 2009

Filing 255 DECLARATION of Allen P. Sragow in Opposition re: #228 MOTION to Compel.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Attachments: #1 Exhibit A through G, #2 Exhibit H)(Kiefer, David)

April 17, 2009

Filing 254 MEMORANDUM OF LAW in Opposition re: #228 MOTION to Compel.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Kiefer, David)

April 17, 2009

Filing 253 DECLARATION of Thomas M. Wood, IV in Opposition re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A Pt. 1, #2 Exhibit A Pt. 2, #3 Exhibit B, #4 Exhibit C)(Wood, Thomas)

April 17, 2009

Filing 252 MEMORANDUM OF LAW in Opposition re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP.. Document filed by Joshua Safrin. (Wood, Thomas)

April 8, 2009

Filing 251 STIPULATION EXTENDING EGERT AND THE SAFRIN GROUP'S TIME TO RESPOND TO THE FOURTH PARTY COMPLAINT It is hereby stipulated and agreed that the Safrin Group's time to answer, move or otherwise plead in response to BIR's Fourth Party Complaint is hereby extended to July 6, 2009. The motion to dismiss and supporting memorandum shall be filed by Egert and The Safrin Group on or before July 6, 2009; Answering papers, if any, in opposition to Egert and The Safrin Group's motion to dismiss shall be filed by BIR on or before August 3, 2009; and Reply papers, if any, in support of Egert and The Safrin Group's motion to dismiss shall be filed on or before August 14, 2009. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/8/09) (mme)

April 8, 2009

Filing 249 NOTICE OF APPEARANCE by David Emanuel Miller on behalf of Avery Egert, The Safrin Group, LLC (Miller, David)

April 7, 2009

Filing 248 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Michael Rakower dated 4/6/09 re: Request for a pre-motion conference concerning defendant Avery Egert motion to dismiss. ENDORSEMENT: The pre-motion conference requirement is waived for this motion as well as any future motions to dismiss, by any party, submitted in lieu of an answer pursuant to FRCP 12(b). (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/7/09) (cd)

April 6, 2009

Filing 250 NOTICE of OF UNAVAILABILITY. Allen P. Sragow of Sragow & Sragow, will be unavailable for the following dates: April 7 through April 16, 2009, for all purposes with regard to this matter, including but not limited to receiving noticed of any kind, attending appearances in court, receiving or responding to ex parte notices or related activity. (djc)

April 6, 2009

Filing 247 STIPULATION EXTENDING EGERT'S TIME TO RESPOND TO AMENDED COMPLAINT: Avrahom Egert time to answer, move or otherwise plead in response to the Amended Complaint is hereby extended to 4/29/09. To the extent Egert moves to dismiss any of the claims against him in the Amended Complaint, the parties wish to agree upon a briefing schedule as follows: The motion to dismiss and supporting memorandum shall be filed by Egert on or before 4/29/09. Answering papers, if any, on Egert's motion to dismiss shall be filed by Plaintiffs on or before 5/25/09. Reply papers, if any, on Egert's motion to dismiss shall be filed on or before 6/8/09. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/6/09) (tro)

April 3, 2009

Filing 246 STIPULATION EXTENDING SAFRIN'S TIME TO RESPOND TO AMENDED COMPLAINT; that Safrin's time to answer, move or otherwise plead in response to the Amended Complaint is hereby extended from April 6, 2009 to April 29, 2009. Safrin moves to dismiss any of the claims against him in the Amended Complaint, the parties wish to agree upon a briefing schedule as follows: (a) The motion to dismiss and supporting memorandum shall be filed by Safrin on or before April 29, 2009; (b) Answering papers, if any, on Safrin's motion to dismiss shall be filed by Plaintiffs on or before May 25, 2009; and (c) Reply papers, if any, on Safrin's motion to dismiss shall be filed on or before June 8, 2009. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/3/2009) (tve)

April 1, 2009

Filing 245 SUMMONS RETURNED EXECUTED Summons and Fourth Party Complaint served. The Safrin Group, LLC served on 3/20/2009, answer due 4/9/2009. Service was accepted by State of New York-Department of State. Document filed by Buchanan Ingersoll & Rooney P.C.. (Maloney, James)

March 25, 2009

Filing 244 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 3/25/09 re: Counsel requests that defendants responsive pleadings (ECF Doc. Nos. 170 and 171) be applied to Alevy/Bankers amended answer, cross-claims and counterclaim (ECF Doc. No. 222). ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/09) (mme)

March 25, 2009

Filing 243 STIPULATION AND CONSENT ORDER: The time within which Safrin may file an opposition to Herrick's motion to dismiss the Second Amended Third-Party Complaint is hereby extended to 4/17/09, and the time within which Herrick may file a reply in support of its motion to dismiss is hereby extended to 5/1/09. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/09) (tro)

March 19, 2009

Filing 240 AMENDED COMPLAINT amending #1 Complaint, against Avrahom Egert, Land Title Associates Escrow, Moses Stern, Joshua Safrin, First Republic Group Realty, LLC, Ephraim Frenkel. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc. Related document: #1 Complaint, filed by Pratical Finance Co., Inc., Amusement Industry, Inc. (dle) (dle).

March 18, 2009

Filing 242 TRANSCRIPT of proceedings held on 1/27/09 before Magistrate Judge Gabriel W. Gorenstein. (ama)

March 18, 2009

Filing 241 TRANSCRIPT of proceedings held on 2/06/09 before Magistrate Judge Gabriel W. Gorenstein. (ama)

March 18, 2009

Filing 239 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David W. Kiefer dated 3/18/2009 re: Plaintiff's respectfully request that Safrin's motion be held in abeyance until he has complied with the Court's Rules. In the meantime, Plaintiffs will make a good faith effort to review the issues raised by Safrin and to address them, if necessary. ENDORSEMENT: If Safrin's motion was truly unnecessary, only Safrin has been harmed. Accordingly, Mr. Kiefer should call Safrin's counsel if plaintiffs wish to consent to the relief sought or if they wish to negotiate some other resolution of the motion. This discussion should be conducted with celerity and can be accounted for in a proposed briefing schedule. Counsel for Safrin should provide the proposed briefing schedule to the Court by letter on or before March 25, 2009. In the unlikely event there is disagreement on the schedule, counsel may provide separate letters on that date. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/18/2009) (jfe)

March 17, 2009

Filing 238 FOURTH PARTY COMPLAINT against Avrahom Egert, The Safrin Group, LLC.Document filed by Buchanan Ingersoll & Rooney P.C.(dle)

March 17, 2009

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 3/17/2009. (mro)

March 17, 2009

Filing 237 ENDORSED LETTER addressed to Magistrate Judge Gabiel W. Gorenstein from Mark W. Geisler dated 3/16/2009 re: Requesting that the defendants' time to answer to the amended cross-claims asserted by third party defendants Bankers Capital Realty Advisors, LLC and Steven Alevy (doc. 222) be extended from March 16, 2009 to and including March 25, 2009. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/17/2009) (jpo)

March 17, 2009

Filing 236 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas M. Wood dated 3/17/2009 re: Requesting that Safrins' answer (docket entry 130) to Alevy/Bankers' counterclaim against him be applied to Alevy/Bankers' amended answer, crossclaims and counterclaims (docket entry 222). ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/17/2009) (jpo)

March 17, 2009

Filing 235 MEMORANDUM OF LAW in Support re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP.. Document filed by Herrick, Feinstein, LLP. (Kaplan, Alan)

March 17, 2009

Filing 234 DECLARATION of Alan Kaplan in Support re: #233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP.. Document filed by Herrick, Feinstein, LLP. (Kaplan, Alan)

March 17, 2009

Filing 233 MOTION to Dismiss with prejudice, each and every count of the Third-Party Plaintiff Joshua Safrin's Second Amended Third-Party Complaint against Herrick, Feinstein LLP. Document filed by Herrick, Feinstein, LLP.(Kaplan, Alan)

March 16, 2009

Filing 232 ORDER: Inasmuch as plaintiffs have given plausible explanations for their failure to make the application to amend earlier; document discovery has not yet completed in this matter; no party has shown significant prejudice from allowing the amendment, see id. (prejudice to defendants may be considered in applying the "good cause"standard of Rule 16(b)); and the only party objecting to the motion recently filed his own second amended complaint adding a new party, the motion to amend (Docket # 205) is granted. The proposed complaint shall be filed on or before March 20, 2009, and service on Mr. Egert shall be made within 10 days thereafter. Any party that wishes to move with respect to the complaint may incorporate by reference any prior memoranda of law (or parts thereof) and/or documents previously filed with the Court. ORDER granting #205 Motion to Amend/Correct. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/16/09) (db) Modified on 3/31/2009 (db).

March 16, 2009

Filing 231 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 3/13/09 re: Counsel for Third Party Defendant Buchanan Ingersoll & Rooney PC request that the 3/11/09 Memo Endorsed Letter be amended to reflect that the pending motion applies to the 3/5/09 pleading (ECF Document #222). ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/13/09) (tro)

March 16, 2009

Set/Reset Deadlines: Amended Pleadings due by 3/20/2009. (db)

March 12, 2009

Filing 230 MEMORANDUM OF LAW in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin. (Wood, Thomas)

March 12, 2009

Filing 229 DECLARATION of Jonathan D. Lupkin in Support re: #228 MOTION to Compel.. Document filed by Joshua Safrin. (Attachments: #1 Exhibits A though G, #2 Exhibit H through T, #3 Exhibit U)(Wood, Thomas)

March 12, 2009

Filing 228 MOTION to Compel. Document filed by Joshua Safrin.(Wood, Thomas)

March 11, 2009

Filing 227 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David F. Bayne dated 3/11/09 re: Counsel requests that the court treat the papers filed in support and in opposition to BIR and Friedman's motion to dismiss Bankers Capital and Alevy's cross-claims as applying to the February 25, 2009 pleading. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/11/09) (mme)

March 10, 2009

Filing 226 DECLARATION of David W. Kiefer in Support re: #205 MOTION to Amend/Correct.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Kiefer, David)

March 10, 2009

Filing 225 REPLY MEMORANDUM OF LAW in Support re: #205 MOTION to Amend/Correct.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Kiefer, David)

March 5, 2009

Filing 224 RESPONSE in Opposition re: #205 MOTION to Amend/Correct. Their Pleadings. Document filed by Joshua Safrin. (Wood, Thomas)

March 5, 2009

Filing 223 DECLARATION of Thomas M. Wood, IV in Opposition re: #205 MOTION to Amend/Correct.. Document filed by Joshua Safrin. (Attachments: #1 Exhibits A and B, #2 Exhibit C through K)(Wood, Thomas)

March 5, 2009

Filing 222 AMENDED ANSWER to #203 Amended Third Party Complaint, with JURY DEMAND., CROSSCLAIM against Stephen Friedman, Buchanan Ingersoll & Rooney, P.C., First Republic Group Corp., Moses Stern, Ephraim Frenkel, Land Title Associates Escrow., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Kiefer, David)

March 5, 2009

Filing 221 AMENDED REPLY re: #203 Amended Third Party Complaint, /Plaintiffs' Amended Reply and Affirmative Defenses to the Second Amended Counterclaims of Defendant Safrin. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Kiefer, David)

March 3, 2009

Filing 220 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark W. Geisler dated 2/27/09 re: Nathan Adler, Es. of Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., counsel for Safrin, has agreed no additional motion papers should be required with respect to the Second Amended Third Party Complaint, and that Your Honor's decision on the motions to dismiss the (first) Amended Third Party Complaint may be applied to the new pleading, and that the foregoing third party defendants need not answer the Second Amended Third Party Complaint, if necessary, until Your Honor has decided the motions. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/27/09) (djc)

February 27, 2009

Filing 219 STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED by and between the undersigned attorneys for third-party plaintiff Joshua Safrin ("Safrin") and third-party defendant Herrick, Feinstein LLP ("Herrick") that the time within which Herrick may answer, move or otherwise respond to Safrin's Third Party Complaint is hereby extended to March 17, 2009. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/27/09) (js)

February 25, 2009

Filing 218 ANSWER to Amended Third Party Complaint with JURY DEMAND., CROSSCLAIM against Stephen Friedman, Buchanan Ingersoll & Rooney, P.C., Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. Related document: #203 Amended Third Party Complaint, filed by Joshua Safrin.(Kiefer, David)

February 25, 2009

Filing 217 REPLY re: #203 Amended Third Party Complaint, /Plaintiff's Reply and Affirmative Defenses to the Second amended Counterclaims of Defendant Safrin. Document filed by Amusement Industry, Inc.(a California Corporation), Pratical Finance Co., Inc.. (Kiefer, David)

February 25, 2009

Filing 216 REPLY re: #203 Amended Third Party Complaint, /Plaintiffs' Reply and Affirmative Defenses to the Second Amended Counterclaims of Defendant Safrin. Document filed by Practical Finance Co., Inc., Amusement Industry, Inc.(a California Corporation). (Kiefer, David)

February 23, 2009

Filing 215 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James J. Maloney dated 2/23/09 re: Counsel for Third Party Defendant Buchanan Ingersoll & Rooney PC requests an extension of time so that the deadline for expert disclosure be adjourned for at least 45 days to 4/20/09. ENDORSEMENT: The deadlines in paragraph 4 of the December 1 are extended by 45 days. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/23/09) (tro)

February 19, 2009

Filing 214 NOTICE OF APPEARANCE by Alan David Kaplan on behalf of Herrick, Feinstein, LLP (Kaplan, Alan)

February 19, 2009

Filing 213 AFFIDAVIT OF SERVICE of Summons and Amended Third Party Complaint,. Herrick, Feinstein, LLP served on 2/11/2009, answer due 3/3/2009. Service was accepted by Edward Strecker. Document filed by Joshua Safrin. (wood, thomas)

February 18, 2009

Filing 211 REPLY MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC.. Document filed by Moses Stern, First Republic Group Realty LLC. (Geisler, Mark)

February 18, 2009

Filing 210 REPLY MEMORANDUM OF LAW in Support re: #116 MOTION to Dismiss Amended Third Party Complaint.. Document filed by Ephraim Frenkel, Land Title Associates Escrow. (Geisler, Mark)

February 18, 2009

Filing 209 REPLY MEMORANDUM OF LAW in Support re: #114 MOTION to Dismiss Amended Third Party Complaint.. Document filed by First Republic Group Corp.. (Geisler, Mark)

February 17, 2009

Filing 208 REPLY MEMORANDUM OF LAW in Support re: #162 MOTION to Dismiss the Cross Claims of Defendants Stern and First Public.. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Kiefer, David)

February 13, 2009

Filing 207 MEMORANDUM OF LAW in Support re: #205 MOTION to Amend/Correct.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Kiefer, David)

February 13, 2009

Filing 206 DECLARATION of David W. Kiefer in Support re: #205 MOTION to Amend/Correct.. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc.. (Attachments: #1 Exhibit A through D, #2 Exhibit E through G)(Kiefer, David)

February 13, 2009

Filing 205 MOTION to Amend/Correct. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC, Pratical Finance Co., Inc..(Kiefer, David)

February 13, 2009

Filing 204 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James J. Maloney dated 2/12/2009 re: Counsel writes to advise that Thomas M. Wood, IV of Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., counsel for Safrin agrees that no additional motion papers should be required, that Your Honor may decide the pending motion, that Your Honor's decision may be applied to the new pleading and that defendant BIR need not to answer the Second Amended Third Party Complaint, if necessary, until Your Honor has deiced the motion. ENDORSEMENT: Granted as to BIR as well. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/13/2009) (jfe)

February 10, 2009

Filing 202 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Philip R. White dated 2/9/09 re: For the reasons set forth in this order, Plaintiffs and Third Party Defendants request a pre-motion conference. ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed promptly. The Court reminds the parties that planned denial of factual averments in a proposed amended complaint is not a basis on which to oppose a motion to amend. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/09) (mme)

February 9, 2009

Filing 203 SECOND AMENDED THIRD PARTY COMPLAINT amending #93 Amended Third Party Complaint. Document filed by Joshua Safrin. Related document: #93 Amended Third Party Complaint,, filed by Joshua Safrin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(dle)

February 6, 2009

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: A Civil Conference held. Discovery orders issued per transcript. Application by plaintiffs to withdraw admissions as to Joshua Safrin pursuant to Fed. R. Civ. P. 36(b) granted. (mro)

February 5, 2009

***DELETED DOCUMENT. Deleted document number #212 ENDORSED LETTER. The document was incorrectly filed in this case. (ae)

February 5, 2009

Filing 212 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas W. Wood, IV dated 2/5/09 re: counsel requests that the Court permit Safrin to file and serve the second amended third-party complaint in the enclosed herewith. (not attached) ENDORSEMENT: Granted without objection service to be made by February 19, 2009.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/9/09) (djc)

February 5, 2009

Set Deadlines/Hearings: Service of second amended third-party complaint due by 2/19/2009. (djc)

February 5, 2009

Filing 201 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Thomas Wood dated 2/5/09 re: Request by Safrin to file and serve the Second Amended Third-party Complaint. ENDORSEMENT: Granted without objection Service to be made by 2/19/09. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/5/09) (cd)

February 5, 2009

Filing 200 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS CO-COUNSEL FOR MOSES STERN, aka MARK STERN and FIRST REPUBLIC GROUP REALTY LLC. ENDORSEMENT: The motion(docket #194) is granted without objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/5/2009) (jpo)

February 5, 2009

Filing 199 ORDER granting #190 Motion to Produce. CSC is hereby ORDERED to comply with that subpoena, which contains the IP address information sought. To allow CSC to provide customer notification, CSC is granted until February 26, 2009 to comply with this subpoena. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/5/2009) (jpo)

January 27, 2009

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 1/27/2009. (mro)

January 26, 2009

Filing 198 MEMORANDUM OF LAW in Opposition re: #162 MOTION to Dismiss the Cross Claims of Defendants Stern and First Public.. Document filed by Moses Stern(an individual), First Republic Group Realty LLC. (Geisler, Mark)

January 22, 2009

Filing 197 CERTIFICATE OF SERVICE of Response to Motion [ECF #196] served on Karen Waller, Director of Compliance, Cablevision Systems Corp on 01/22/09. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Geisler, Mark)

January 22, 2009

Filing 196 RESPONSE to Motion re: #190 MOTION to Produce.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Geisler, Mark)

January 20, 2009

Filing 195 DECLARATION of ARTHUR BROWN in Support re: #194 MOTION to Withdraw as Co-Counsel for Moses Stern, aka Mark Stern and First Republic Group Realty LLC.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Brown, Arthur)

January 20, 2009

Filing 194 MOTION to Withdraw as Co-Counsel for Moses Stern, aka Mark Stern and First Republic Group Realty LLC. Document filed by Moses Stern, First Republic Group Realty, LLC.(Brown, Arthur)

January 16, 2009

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Arthur Edward Brown to RE-FILE Document #193 MOTION to Withdraw as Co-Counsel for Moses Stern, aka Mark Stern and First Republic Group Realty LLC. ERROR(S): Supporting Document must be filed separately. (db)

January 16, 2009

Filing 193 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw as Co-Counsel for Moses Stern, aka Mark Stern and First Republic Group Realty LLC. Document filed by Moses Stern, First Republic Group Realty, LLC. (Attachments: #1 Exhibit Declaration of Arthur Brown in Support of Kaye Scholer LLP's Motion to Withdraw as Co-Counsel for Moses Stern, aka Mark Stern and First Republic Group Realty LLC)(Brown, Arthur) Modified on 1/20/2009 (db).

January 14, 2009

Filing 192 DECLARATION of David W. Kiefer in Support re: #190 MOTION to Produce.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Attachments: #1 Certificate of Service)(Kiefer, David)

January 14, 2009

Filing 191 MEMORANDUM OF LAW in Support re: #190 MOTION to Produce.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Kiefer, David)

January 14, 2009

Filing 190 MOTION to Produce. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc..(Kiefer, David)

December 31, 2008

Filing 189 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David Kiefer dated 12/30/08 re: Request for a pre-motion conference for Plaintiffs' motion for an order directing CSC to produce documents, as requested by subpoena. ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed on or before 1/30/09, and in accordance with paragraph 2.B-2.E of this Court's Individual Practices. Counsel for plaintiffs is responsible for transmitting a copy of this Order and all future Orders relating to this application to counsel for CSC. ( Motion due by 1/30/2009.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/30/08) (cd)

December 30, 2008

Filing 188 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sherri L. Eisenpress dated 12/29/08 re: counsel for the firm Reiss Eisenpress LLP non party we have contacted David Keifer of Sills, Cummis & Gross, plaintiffs counsel, who has agreed to an adjournment of the conference on this referenced matter to 1/27/09, at 11:00 a.m. We therefore respectfully request such an adjournment. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/08) (pl)

December 29, 2008

Filing 187 ORDER: A conference to discuss the discovery dispute raised in these letters is scheduled for January 22, 2009, at 10:30 a.m. in Courtroom l7-A, 500 Pearl Street, New York, NY. Only parties wishing to be heard with respect to this discovery dispute are required to attend this conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/2008) (jfe)

December 23, 2008

Filing 186 MEMO ENDORSEMENT: granting #178 Motion to Substitute Attorney. Added attorney Martin I Kaminsky for Stephen Friedman. Attorney James Joseph Maloney terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/23/08) (mme)

December 22, 2008

Filing 185 STIPULATION OF SUBSTITUTION OF COUNSEL: Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. is hereby substituted for Flemming Zulack Williamson Zauderer, LLP as attorneys for defendant Joshua Safrin in this action, and Flemming Zulack Williamson Zauderer, LLP is hereby relieved as counsel for defendant Joshua Safrin. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/19/08) (tro)

December 19, 2008

Filing 184 TRANSCRIPT of proceedings held on 11/07/08 before Magistrate Judge Gabriel W. Gorenstein. (ama)

December 12, 2008

Filing 183 NOTICE OF APPEARANCE by David William Kiefer on behalf of Amusement Industry, Inc., Pratical Finance Co., Inc. (Kiefer, David)

December 10, 2008

Filing 182 NOTICE OF APPEARANCE by Martin I Kaminsky on behalf of Stephen Friedman (Kaminsky, Martin)

December 10, 2008

Filing 181 NOTICE OF APPEARANCE by Nathan D. Adler on behalf of Joshua Safrin (Adler, Nathan)

December 9, 2008

Filing 180 DECLARATION of Martin Kaminsky in Support re: #178 MOTION to Substitute Attorney. Old Attorney: Kavanagh Maloney & Osnato LLP, New Attorney: Pollack & Kaminsky.. Document filed by Stephen Friedman. (Maloney, James)

December 9, 2008

Filing 179 DECLARATION of James Maloney in Support re: #178 MOTION to Substitute Attorney. Old Attorney: Kavanagh Maloney & Osnato LLP, New Attorney: Pollack & Kaminsky.. Document filed by Stephen Friedman. (Maloney, James)

December 9, 2008

Filing 178 MOTION to Substitute Attorney. Old Attorney: Kavanagh Maloney & Osnato LLP, New Attorney: Pollack & Kaminsky. Document filed by Stephen Friedman.(Maloney, James)

December 5, 2008

CASHIERS OFFICE REMARK on #176 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 11/20/2008, Receipt Number 670416. (jd)

December 3, 2008

Filing 177 ORDER: The stay of discovery is vacated. Deposition may take place on or after 1/19/2009. The due date for any opposition papers for any motions that have been reinstated by letter is adjourned to 1/19/2009. Any reply papers are due 2/9/2009. Disclosure of the identities and report of experts, if any, as required by Rule 26(a)(2)(A) and (B) will be made by 3/6/2009. The disclosure of identities and reports of any expert intended by an opposing party solely to rebut previously disclosed expert evidence shall be made by 4/1/2009. All Discovery due by 5/15/2009. The parties shall inform each other in writing by 5/22/2009 whether either intends to file a dispositive motion. Any dispositive pretrial motion shall be filed by 6/22/2009. If no party states its intention to file a dispositive pre-trial motion, plaintiff(s) will supply pretrial order materials to defendant(s) in accordance with the requirements of the rules of the assigned District Judge on or before 6/8/2009. The pre-trial order shall be filed within 15 days thereafter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/08) (tro)

December 1, 2008

Filing 176 MEMO-ENDORSEMENT re: granting 175 Motion for Nathan Daniel Adler and Thomas Moss Wood, IV to Appear Pro Hac Vice. ENDORSEMENT: granted. (Signed by Judge Lewis A. Kaplan on 11/15/08) (pl)

December 1, 2008

Transmission to Attorney Admissions Clerk. Transmitted re: #176 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)

November 20, 2008

Filing 175 MOTION for Nathan Daniel Adler and Thomas Moss Wood, IV to Appear Pro Hac Vice. Document filed by Joshua Safrin, Joshua Safrin.(dle)

November 7, 2008

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 11/7/2008. Discovery order issued. See transcripts. (tro)

September 11, 2008

Filing 174 TRANSCRIPT of proceedings held on 8/05/08 before Magistrate Judge Gabriel W. Gorenstein. (ama)

September 11, 2008

Filing 173 TRANSCRIPT of proceedings held on 7/01/08 before Magistrate Judge Gabriel W. Gorenstein. (ama)

September 5, 2008

Filing 172 ORDER On the consent of the parties, discovery in this matter is stayed and all other deadlines in this case are adjourned sine die. In addition, all pending motions (Docket# 27,35,114,116,118,121,133,139,162) are withdrawn on consent. Any party may reinstate any of these motions by sending a letter to the Court so requesting.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/4/08) (mme)

September 4, 2008

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 9/4/2008. (jpo)

September 2, 2008

Filing 171 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Geisler, Mark)

September 2, 2008

Filing 170 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Moses Stern, First Republic Group Realty LLC.(Geisler, Mark)

August 22, 2008

Filing 169 REPLY MEMORANDUM OF LAW in Support re: #139 MOTION to Dismiss Count V of Bankers Capital Realty Advisors LLC and Steven Alevy's Cross Claims.. Document filed by Stephen Friedman, Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

August 22, 2008

Filing 168 REPLY MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin.. Document filed by Stephen Friedman, Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

August 18, 2008

Filing 167 ANSWER to Counterclaim. Document filed by Joshua Safrin.(Hackett, Jean Marie)

August 11, 2008

Filing 166 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Stephen Friedman, Buchanan Ingersoll & Rooney, P.C., First Republic Group Corp., Land Title Associates Escrow, Moses Stern, Ephraim Frenkel., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Youngelson, Marc)

August 11, 2008

Filing 165 REPLY re: #148 Answer to Complaint, Crossclaim, Counterclaim,,, and Affirmative Defenses. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Youngelson, Marc)

August 5, 2008

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 8/5/2008. (cd)

August 4, 2008

Filing 164 AFFIRMATION of Marc D. Youngelson in Support re: #162 MOTION to Dismiss the Cross Claims of Defendants Stern and First Public.. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Attachments: #1 Exhibit A to Youngelson Certification (Part 1 of 2), #2 Exhibit A to Youngelson Certification (Part 2 of 2), #3 Exhibit B to Youngelson Certification, #4 Exhibit C to Youngelson Certification)(Youngelson, Marc)

August 4, 2008

Filing 163 MEMORANDUM OF LAW in Support re: #162 MOTION to Dismiss the Cross Claims of Defendants Stern and First Public.. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. (Attachments: #1 Brief, part 2 of 2)(Youngelson, Marc)

August 4, 2008

Filing 162 MOTION to Dismiss the Cross Claims of Defendants Stern and First Public. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. Responses due by 9/15/2008(Youngelson, Marc)

August 1, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Marc Youngelson to RE-FILE Document #155 MOTION to Dismiss the Cross Claims of Defendants Stern and First Republic. ERROR(S): Attachment Error. Supporting documents must be filed individually. Use event code Memorandum of Law in Support and Declaration in Support found under Replies, Oppositions, Supporting Documents. (jar)

August 1, 2008

Filing 161 MEMORANDUM OF LAW in Opposition re: #114 MOTION to Dismiss Amended Third Party Complaint.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

August 1, 2008

Filing 160 DECLARATION of Jonathan D. Lupkin in Opposition re: #114 MOTION to Dismiss Amended Third Party Complaint.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit 1 (Pt 1 of 10), #2 Exhibit 1 (Pt 2 of 10), #3 Exhibit 1 (Pt 3 of 10), #4 Exhibit 1 (Pt 4 of 10), #5 Exhibit 1 (Pt 5 of 10), #6 Exhibit 1 (Pt 6 of 10), #7 Exhibit 1 (Pt 7 of 10), #8 Exhibit 1 (Pt 8 of 10), #9 Exhibit 1 (Pt 9 of 10), #10 Exhibit 1 (Pt 10 of 10))(Hackett, Jean Marie)

August 1, 2008

Filing 159 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #114 MOTION to Dismiss Amended Third Party Complaint. Document filed by Joshua Safrin. (Hackett, Jean Marie) Modified on 8/6/2008 (jar).

August 1, 2008

Filing 158 DECLARATION of Jonathan D. Lupkin in Opposition re: #116 MOTION to Dismiss Amended Third Party Complaint., #118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC.. Document filed by Joshua Safrin(an individual). (Attachments: #1 Exhibit 1 (pt 1 of 10), #2 Exhibit 1 (Pt 2 of 10), #3 Exhibit 1 (Pt 3 of 10), #4 Exhibit 1 (Pt 4 of 10), #5 Exhibit 1 (Pt 5 of 10), #6 Exhibit 1 (Pt 6 of 10), #7 Exhibit 1 (Pt 7 of 10), #8 Exhibit 1 (Pt 8 of 10), #9 Exhibit 1 (Pt 9 of 10), #10 Exhibit 1 (Pt 10 of 10))(Hackett, Jean Marie)

August 1, 2008

Filing 157 MEMORANDUM OF LAW in Opposition re: #116 MOTION to Dismiss Amended Third Party Complaint., #118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC.. Document filed by Joshua Safrin(an individual). (Hackett, Jean Marie)

August 1, 2008

Filing 156 REPLY MEMORANDUM OF LAW in Support re: #121 MOTION to Disqualify Plaintiffs' California Co-Counsel.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Lynn, Michael)

August 1, 2008

Filing 155 FILING ERROR - DEFICIENT DOCKET ENTRY - ATTACHMENT ERROR - MOTION to Dismiss the Cross Claims of Defendants Stern and First Republic. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. Responses due by 9/15/2008 (Attachments: #1 Memorandum of Law, #2 Certification of Marc D. Youngelson)(Youngelson, Marc) Modified on 8/4/2008 (jar).

August 1, 2008

Filing 154 ANSWER to Crossclaim. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Youngelson, Marc)

July 31, 2008

Filing 153 DECLARATION of Jonathan D. Lupkin in Opposition re: #133 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit 1 (Part 1 of 10), #2 Exhibit 1 (Part 2 of 10), #3 Exhibit 1 (Part 3 of 10), #4 Exhibit 1 (part 4 of 10), #5 Exhibit 1 (Part 5 of 10), #6 Exhibit Exhibit 1 (Part 6 of 10), #7 Exhibit 1 (Part 7 of 10), #8 Exhibit 1 (Part 8 of 10), #9 Exhibit 1 (Part 9 of 10), #10 Exhibit 1 (Part 10 of 10))(Hackett, Jean Marie)

July 31, 2008

Filing 152 MEMORANDUM OF LAW in Opposition re: #133 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

July 29, 2008

Filing 151 OPPOSITION BRIEF re: #140 Memorandum of Law in Support of Motion to Dismiss Cross Claim for Indemnification by Third Party Defendants Buchanan Ingersoll and Stephen Friedman. Document filed by Amusement Industry, Inc., Steven Alevy, Bankers Capital Realty Advisors LLC.(Youngelson, Marc)

July 28, 2008

Filing 150 DECLARATION of Stephen R. Stern in Support re: #116 MOTION to Dismiss Amended Third Party Complaint.. Document filed by Land Title Associates Escrow, Ephraim Frenkel(an individual). (Ross, Philip)

July 28, 2008

Filing 149 DECLARATION of MICHAEL A. LYNN in Support re: #118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Lynn, Michael)

July 18, 2008

Filing 148 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against all defendants., COUNTERCLAIM against all plaintiffs. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A (1 of 8), #2 Exhibit A (2 of 8), #3 Exhibit A (3 of 8), #4 Exhibit A (4 of 8), #5 Exhibit A (5 of 8), #6 Exhibit A (6 of 8), #7 Exhibit A (7 of 8), #8 Exhibit A (8 of 8), #9 Exhibit B)(Lupkin, Jonathan)

July 11, 2008

Filing 147 AFFIRMATION of Marc D. Youngelson in Opposition re: #121 MOTION to Disqualify Plaintiffs' California Co-Counsel.. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

July 11, 2008

Filing 146 MEMORANDUM OF LAW in Opposition re: #121 MOTION to Disqualify Plaintiffs' California Co-Counsel.. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

July 11, 2008

Filing 145 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Marc D. Youngelson dated 7/10/2008 re: Requesting that the Court extend Bankers Capital's time to move or respond to the cross claims asserted by defendants until July 25, 2008. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/11/2008) (jpo)

July 3, 2008

Filing 144 ORDER that disclosure of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) will be made by 10/1/08. The disclosure of identities and reports of any expert intended by an opposing party solely to rebut previously-disclosed expert evidence shall be made by 11/1/08. All discovery shall be commenced in time to be completed by 12/15/08. The parties shall inform each other in writing by 12/22/08 whether either intends to file a dispositive motion. Any dispositive pretrial motion shall be filed by 1/22/09. If no party states its intention to file a pretrial motion, plaintiff(s) will supply pretrial order materials to defendant(s) in accordance with requirements of the rules of the assigned District Judge on or before 1/8/09. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/3/08) (dle)

July 2, 2008

Filing 143 STIPULATION AND ORDER The Bankers Capitals deadline to move or otherwise respond to the cross-claims is hereby extended through and including Friday, July 18, 2008. Bankers Capital Realty Advisors LLC answer due 7/18/2008. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/2/08) (mme)

July 2, 2008

Filing 142 ORDER The motions to dismiss the third party complaint (Docket # 76, 79 and 82) are deemed withdrawn in light of the filing of the amended third party complaint. The motion to compel Ace Capital Group to produce documents in response to the subpoena dated March 12, 2008, has not yet been opposed. Plaintiffs have represented to the court that Ace Capital Group has not responded to their requests to discuss this matter. Accordingly, the motion to compel (Docket # 110) is granted. The documents shall be produced in accordance with subpoena on or before July 22, 2008. Plaintiff is directed to serve a copy of this order to Ace Capital Group. The motions to compel reflected in docket # 107, 108, 109, 111, 112, and 113 are denied, without prejudice to refilling following compliance with paragraph 2A of this courts individual practices.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/2/08) (mme)

July 2, 2008

Filing 141 ORDER SCHEDULING SETTLEMENT CONFERENCE Settlement Conference set for 9/10/2008 at 09:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/2/08) (mme)

June 30, 2008

Filing 140 MEMORANDUM OF LAW in Support re: #139 MOTION to Dismiss Count V of Bankers Capital Realty Advisors LLC and Steven Alevy's Cross Claims.. Document filed by Stephen Friedman, Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

June 30, 2008

Filing 139 MOTION to Dismiss Count V of Bankers Capital Realty Advisors LLC and Steven Alevy's Cross Claims. Document filed by Stephen Friedman, Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit 1 part 3, #4 Exhibit 2)(Maloney, James)

June 27, 2008

Filing 138 ORDER, Plaintiffs deadline to file opposition papers on the motion is hereby extended through and including Friday, July 11, 2008, and defendants deadline to file reply papers on the motion is hereby extended through and including Friday, July 25, 2008. ENDORSEMENT: Any further extensions may be obtained without court order provided the parties agree and disclose the new schedule in a letter to the court.Set Deadlines/Hearing as to #121 MOTION to Disqualify Plaintiffs' California Co-Counsel. :( Responses due by 7/11/2008, Replies due by 7/25/2008.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/27/08) (mme)

June 26, 2008

Filing 137 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Meredith D. Belkin dated 6/23/2008 re: We are following Judge Kaplan Individual Practice Rules in the above referenced action and therefore, no pre-motion conference or pre-motion letter as required by Your Honor's Individual Rule 2A is required. ENDORSEMENT: Only with respect to any motion to dismiss in lieu of answer. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/26/2008) (jpo)

June 23, 2008

Filing 136 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Buchanan Ingersoll & Rooney, P.C..(Maloney, James)

June 18, 2008

Filing 135 ORDER, The above referenced action has been referred to this court for pretrial purposes as well as for a report and recommendation on any dispositive motions. A status conference on this matter shall be held on Wednesday, June 25, 2008 at 3:00 p.m. in courtroom 17-A, 500 pearl Street, New York, New York.( Status Conference set for 6/25/2008 at 03:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/18/08) (mme)

June 17, 2008

Filing 134 MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin.. Document filed by Stephen Friedman, Buchanan Ingersoll & Rooney, P.C.. (Maloney, James)

June 17, 2008

Filing 133 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin. Document filed by Stephen Friedman, Buchanan Ingersoll & Rooney, P.C.. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit 1 part 3)(Maloney, James)

June 16, 2008

Filing 132 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Ross, Philip)

June 16, 2008

Filing 131 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Land Title Associates Escrow, Land Associates Escrow.(Ross, Philip)

June 16, 2008

Filing 130 ANSWER to Counterclaim. Document filed by Joshua Safrin.(Lupkin, Jonathan)

June 13, 2008

Filing 129 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Marc D. Youngelson dated 6/11/08 re: counsel writes to advise the court that plaintiffs withdraw, without prejudice, their motion to compel against Latham, All Risk, Roman, GMAC, and Burr Forman. Plaintiffs are not withdrawing their motions against Jones Lang Lasalle and ACE Capital Group. ENDORSEMENT: Motion withdrawn to defendants indicated. (Signed by Judge Lewis A. Kaplan on 6/12/08) (mme)

June 13, 2008

Filing 128 STIPULATION, answering papers, if any, on the dismissal motion shall be served and filed on before July 11, 2008; Reply papers, if any, on the dismissal motions shall be served and filed on or before July 25, 2008; and this stipulation may be executed in counterparts.Set Deadlines/Hearing as to #79 MOTION to Dismiss Third Party Complaint., #116 MOTION to Dismiss Amended Third Party Complaint., #76 MOTION to Dismiss the Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty, LLC., #118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC. (Responses due by 7/11/2008, Replies due by 7/25/2008.) (Signed by Judge Lewis A. Kaplan on 6/13/08) (mme)

June 13, 2008

Filing 127 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e. motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lewis A. Kaplan on 6/13/08) (cd)

June 12, 2008

Filing 126 ORDER denying #91 Motion to Quash. (Signed by Judge Lewis A. Kaplan on 6/12/08) (cd)

June 11, 2008

Filing 125 ANSWER to Crossclaim., CROSSCLAIM against Steven Alevy, Bankers Capital Realty Advisors LLC. Document filed by Moses Stern, First Republic Group Realty, LLC.(Lynn, Michael)

June 11, 2008

Filing 124 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Republic Group Realty, LLC.(Lynn, Michael)

June 11, 2008

Filing 123 DECLARATION of Stephen R. Stern in Support re: #121 MOTION to Disqualify Plaintiffs' California Co-Counsel.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lynn, Michael)

June 11, 2008

Filing 122 MEMORANDUM OF LAW in Support re: #121 MOTION to Disqualify Plaintiffs' California Co-Counsel.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Lynn, Michael)

June 11, 2008

Filing 121 MOTION to Disqualify Plaintiffs' California Co-Counsel. Document filed by Moses Stern, First Republic Group Realty, LLC.(Lynn, Michael)

June 11, 2008

Filing 120 AFFIDAVIT of Stephen R. Stern in Opposition re: #107 MOTION to Compel Jones Lang LaSalle to Produce Documents and Certification in Support Thereof.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Ross, Philip)

June 9, 2008

Filing 119 MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC.. Document filed by Moses Stern, First Republic Group Realty LLC, Moses Stern, First Republic Group Realty, LLC. (Attachments: #1 Exhibit A)(Lynn, Michael)

June 9, 2008

Filing 118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC. Document filed by Moses Stern, First Republic Group Realty LLC, Moses Stern, First Republic Group Realty, LLC.(Lynn, Michael)

June 9, 2008

Filing 117 MEMORANDUM OF LAW in Support re: #116 MOTION to Dismiss Amended Third Party Complaint.. Document filed by Ephraim Frenkel, Land Title Associates Escrow. (Ross, Philip)

June 9, 2008

Filing 116 MOTION to Dismiss Amended Third Party Complaint. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Ross, Philip)

June 9, 2008

Filing 115 MEMORANDUM OF LAW in Support re: #114 MOTION to Dismiss Amended Third Party Complaint.. Document filed by First Republic Group Corp.. (Ross, Philip)

June 9, 2008

Filing 114 MOTION to Dismiss Amended Third Party Complaint. Document filed by First Republic Group Corp..(Ross, Philip)

June 9, 2008

Filing 113 MOTION to Compel Roman Associates to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc. and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 9, 2008

Filing 112 MOTION to Compel GMAC International Properties Group to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc. and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 9, 2008

Filing 111 MOTION to Compel Lathan & Watkins LLP to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc.and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 9, 2008

Filing 110 MOTION to Compel Ace Capital Group to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc. and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 9, 2008

Filing 109 MOTION to Compel All Risk Insurance Agency, Inc. to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc.and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 9, 2008

Filing 108 MOTION to Compel Burr & Forman LLP to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc. and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 9, 2008

Filing 107 MOTION to Compel Jones Lang LaSalle to Produce Documents and Certification in Support Thereof. Document filed by Amusement Industry, Inc. and Practical Finance Co., Inc.(Youngelson, Marc) Modified on 6/10/2008 (KA).

June 6, 2008

Filing 106 ANSWER to Amended Third Party Complaint with JURY DEMAND., CROSSCLAIM against Stephen Friedman, Buchanan Ingersoll & Rooney, P.C., Moses Stern, First Republic Group Realty LLC, Ephraim Frenkel, Land Title Associates Escrow., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC. Related document: #93 Amended Third Party Complaint,, filed by Joshua Safrin.(Youngelson, Marc)

June 6, 2008

Filing 105 ANSWER to Amended Third Party Complaint with JURY DEMAND. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. Related document: #93 Amended Third Party Complaint,, filed by Joshua Safrin.(Youngelson, Marc)

June 6, 2008

Filing 104 RESPONSE in Opposition re: #91 MOTION to Quash Second subpoena issued to North Fork Bank/Capital One.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Youngelson, Marc)

June 6, 2008

Filing 103 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Counterclaim Defendants Amusement Industry, Inc. (dba Westland Industries, Inc.) and Practical Finance Co., Inc. on 05/29/2008. Service was accepted by Allen P. Sragow, Esq.. Service was made by Federal Express. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 102 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Counterclaim Defendants Amusement Industry, Inc. (dba Westland Industries, Inc.) and Practical Finance Co., Inc. on 05/29/2008. Service was accepted by Philip R. White, Esq. and Marc D. Youngelson, Esq.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 101 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Crossclaim Defendants Mark Stern and First Republic Group Realty LLC on 05/29/2008. Service was accepted by Michael Lynn, Esq.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 100 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Crossclaim Defendants Mark Stern, First Republic Group Realty LLC, Ephraim Frenkel, and Land Title Associates Escrow on 05/29/2008. Service was accepted by Stephen R. Sten, Esq.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 99 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Steven Alevy and Bankers Capital Realty Advisors LLC on 05/29/2008. Service was accepted by Allen P. Sragow, Esq.. Service was made by Federal Express. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 98 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Steven Alevy and Bankers Capital Realty Advisors LLC on 05/29/2008. Service was accepted by Philip R. White, Esq and Marc D. Youngelson, Esq.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 97 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Stephen Friedman and Buchanan Ingersoll & Rooney, P.C. on 05/29/2008. Service was accepted by David F. Bayne, Esq.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 6, 2008

Filing 96 CERTIFICATE OF SERVICE of AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS), INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on First Republic Group Corp. on 05/29/2008. Service was accepted by Stephen R. Stern, Esq.. Document filed by Joshua Safrin. (Hackett, Jean Marie)

June 5, 2008

Filing 95 DECLARATION of Jonathan D. Lupkin in Opposition re: #76 MOTION to Dismiss the Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty, LLC., #79 MOTION to Dismiss Third Party Complaint.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit 1 (1 of 10), #2 Exhibit 1 (2 of 10), #3 Exhibit 1 (3 of 10), #4 Exhibit 1 (4 of 10), #5 Exhibit 1 (5 of 10), #6 Exhibit 1 (6 of 10), #7 Exhibit 1 (7 of 10), #8 Exhibit 1 (8 of 10), #9 Exhibit 1 (9 of 10), #10 Exhibit 1 (10 0f 10))(Lupkin, Jonathan)

June 5, 2008

Filing 94 MEMORANDUM OF LAW in Opposition re: #76 MOTION to Dismiss the Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty, LLC., #79 MOTION to Dismiss Third Party Complaint. as against Ephraim Frenkel and Land Title Associates Escrow. Document filed by Joshua Safrin. (Lupkin, Jonathan)

June 4, 2008

Filing 92 AFFIDAVIT of Ephraim Frenkel in Support re: #91 MOTION to Quash Second subpoena issued to North Fork Bank/Capital One.. Document filed by Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit A)(Ross, Philip)

June 4, 2008

Filing 91 MOTION to Quash Second subpoena issued to North Fork Bank/Capital One. Document filed by Ephraim Frenkel, Land Associates Escrow.(Ross, Philip)

June 3, 2008

Filing 90 STIPULATION; that the Anticipated Dismissal Motion shall be served and filed by First Republic Corp. on or before 6/9/2008, The Anticipated Dismissal Motion, when served and filed, shall supersede Dismissal Motion. Answering papers, if any, on the Anticipated Dismissal Motion shall be served and filed, on or before 7/11/08, Reply papers, if any, on the Anticipated Dismissal Motion shall be served and filed, on or before 7/25/08. (Signed by Judge Lewis A. Kaplan on 6/3/08) (pl)

May 29, 2008

Filing 93 AMENDED THIRD PARTY COMPLAINT (CONTAINING CROSSCLAIMS AND COUNTERCLAIMS) amending #65 Third Party Complaint.Document filed by Joshua Safrin. Related document: #65 Third Party Complaint,, filed by Joshua Safrin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, # 6 Exhibit, #7 Exhibit, #8 Exhibit)(dle) (Additional attachment(s) added on 6/5/2008: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #7 Exhibit) (rdz). (Additional attachment(s) added on 6/5/2008: #8 Exhibit, #9 Exhibit) (rdz).

May 29, 2008

Filing 89 NOTICE OF APPEARANCE by James Joseph Maloney on behalf of Stephen Friedman (Maloney, James)

May 29, 2008

Filing 88 NOTICE OF APPEARANCE by James Joseph Maloney on behalf of Buchanan Ingersoll & Rooney, P.C. (Maloney, James)

May 29, 2008

Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Steven Mark Cordero, Sr on behalf of Buchanan Ingersoll & Rooney, P.C. (Cordero, Steven) Modified on 5/29/2008 (db).

May 29, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Mark Cordero to RE-FILE Document #87 Notice of Appearance. ERROR(S): Name of Attorney Filing Appearance (Steven Mark Cordero) Does Not Match Attorney Signing Appearance (James J. Maloney). (db)

May 28, 2008

Filing 86 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Jonathan D. Lupkin dated 5/16/2008 re: Counsel writes to request relief from the Court's extant Scheduling Order to permit us to file and serve "as a matter of course" amended party complaint. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/27/2008) (tve)

May 28, 2008

Filing 85 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: that the BIR Third Party Defendants' time to answer, move, or otherwise plead in response to the Third Party Complaint is hereby extended from 5/27/2008 through and including 6/17/2008. (Signed by Judge Lewis A. Kaplan on 5/27/2008) (tve)

May 27, 2008

Filing 84 ANSWER to Third Party Complaint with JURY DEMAND., CROSSCLAIM against Stephen Friedman, Buchanan Ingersoll & Rooney, P.C., Moses Stern, First Republic Group Realty LLC, Ephraim Frenkel, Land Title Associates Escrow., COUNTERCLAIM against Joshua Safrin. Document filed by Steven Alevy, Bankers Capital Realty Advisors LLC.(Youngelson, Marc)

May 27, 2008

Filing 83 MEMORANDUM OF LAW in Support re: #82 MOTION to Dismiss Third Party Complaint.. Document filed by First Republic Group Corp.. (Ross, Philip)

May 27, 2008

Filing 82 MOTION to Dismiss Third Party Complaint. Document filed by First Republic Group Corp..(Ross, Philip)

May 22, 2008

Filing 81 REPLY re: #65 Third Party Complaint,, /Plaintiffs' Reply and Affirmative Defenses to Counterclaims of Defendant Safrin. Document filed by Amusement Industry, Inc., Amusement Industry, Inc., Practical Finance Co., Inc., Pratical Finance Co., Inc.. (Youngelson, Marc)

May 22, 2008

Filing 80 AFFIDAVIT of Stephen R. Stern in Support re: #79 MOTION to Dismiss Third Party Complaint.. Document filed by Ephraim Frenkel, Land Title Associates Escrow. (Ross, Philip)

May 22, 2008

Filing 79 MOTION to Dismiss Third Party Complaint. Document filed by Ephraim Frenkel, Land Title Associates Escrow.(Ross, Philip)

May 21, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip Ross to RE-FILE Document #78 MOTION to Dismiss Third Party Complaint of Joshua Safrin as against Ephraim Frenkel and Land Title Associates Escrow. ERROR(S): Supporting documents must be filed individually. Event Code Affidavit in Support found under Replies, Oppositions, Supporting Documents. (jar)

May 21, 2008

Filing 78 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Third Party Complaint of Joshua Safrin as against Ephraim Frenkel and Land Title Associates Escrow. Document filed by Ephraim Frenkel, Land Title Associates Escrow. (Attachments: #1 Affidavit Stephen R. Stern in support of motion to dismiss third party complaint as against Ephraim Frenkel and Land Title Associates Escrow)(Ross, Philip) Modified on 5/22/2008 (jar).

May 21, 2008

Filing 77 MEMORANDUM OF LAW in Support re: #76 MOTION to Dismiss the Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty, LLC.. Document filed by Moses Stern, First Republic Group Realty, LLC. (Attachments: #1 Exhibit A)(Lynn, Michael)

May 21, 2008

Filing 76 MOTION to Dismiss the Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty, LLC. Document filed by Moses Stern, First Republic Group Realty, LLC.(Lynn, Michael)

May 15, 2008

Filing 74 CERTIFICATE OF SERVICE of THIRD PARTY COMPLAINT with crossclaims, INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Defendants/Crossclaim Defendants Moses aka Mark Stern, First Republic Group Realty LLC, Ephraim Frenkel and Land Title Associates Escrow on 05/02/2008. Service was accepted by Stephen R. Stern, Esq., attorney for defendants. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 15, 2008

Filing 73 CERTIFICATE OF SERVICE of THIRD PARTY COMPLAINT with crossclaims, INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Defendants/ Crossclaim Defendants Moses Stern aka Mark Stern and First Republic Group Realty LLC on 05/02/2008. Service was accepted by Arthur E. Brown, Esq., and Michael Lynn, Esq., Attorneys for Defendants Mark Stern and First Republic Group Realty LLC. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 15, 2008

Filing 72 CERTIFICATE OF SERVICE of THIRD PARTY COMPLAINT with counterclaims, INDIVIDUAL PRACTICES OF JUDGE KAPLAN, 3RD AMENDED INSTRUCTIONS FOR FILING AN ELECTRONIC CASE OR APPEAL, PROCEDURES FOR ELECTRONIC CASE FILING, AND GUIDELINES FOR ELECTRONIC CASE FILING served on Plaintiffs/ Counterclaim Defendants Amusement Industry, Inc., dba Westland Industries, Inc. and Practical FInance Co., Inc. on 05/02/2008. Service was accepted by Allen P. Sragow, Esq., attorney for plaintiffs. Service was made by Federal Express. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 15, 2008

Filing 71 CERTIFICATE OF SERVICE of Third Party Complaint with counterclaims, Individual Practices of Judge Kaplan, 3rd Amended Instructions for Filing an Electronic Case or Appeal, Procedures for Electronic Case Filing, and Guidelines for Electronic Case Filing served on Plaintiffs/ Counterclaim Defendants Amusement Industry, Inc., dba Westland Industries, Inc., and Practical Finance Co., Inc. on 5/2/2008. Service was accepted by Philip R. White, Esq. and Marc D. Youngelson, Esq., attorneys for plaintiffs. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 14, 2008

Filing 75 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 5/9/08) (cd)

May 13, 2008

Filing 70 AFFIDAVIT OF SERVICE of Third Party Summons, Third Party Complaint, Individual Practices of Judge Lewis A. Kaplan, 3rd Amended Instructions for Filing An Electronic Case or Appeal, Procedures For Electronic Case Filing, Guidelines for Electronic Case Filing served on Stephen Friedman on 05/06/2008. Service was accepted by Theresa Garcia. Service was made by Mail (05/06/08). Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 13, 2008

Filing 69 AFFIDAVIT OF SERVICE of Third Party Summons, Third Party Complaint, Individual Practices of Judge Lewis A. Kaplan, 3rd Amended Instructions for Filing An Electronic Case or Appeal, Procedures For Electronic Case Filing, Guidelines for Electronic Case Filing served on Steven Alevy on 05/06/2008. Service was accepted by David Lopez. Service was made by Mail. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 13, 2008

Filing 68 AFFIDAVIT OF SERVICE of Third Party Summons, Third Party Complaint, Individual Practices of Judge Lewis A. Kaplan, 3rd Amended Instructions for Filing An Electronic Case or Appeal, Procedures For Electronic Case Filing, Guidelines for Electronic Case Filing served on First Republic Group Corp. on 05/06/2008. Service was accepted by Donna Christie, New York Department of State. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 13, 2008

Filing 67 AFFIDAVIT OF SERVICE of Third Party Summons, Third Party Complaint, Individual Practices of Judge Lewis A. Kaplan, 3rd Amended Instructions for Filing An Electronic Case or Appeal, Procedures For Electronic Case Filing, Guidelines for Electronic Case Filing served on Buchanan Ingersoll & Rooney, P.C. on 05/05/2008. Service was accepted by Theresa Garcia. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 13, 2008

Filing 66 AFFIDAVIT OF SERVICE of Third Party Summons, Third Party Complaint, Individual Practices of Judge Lewis A. Kaplan, 3rd Amended Instructions for Filing An Electronic Case or Appeal, Procedures For Electronic Case Filing, Guidelines for Electronic Case Filing served on Bankers Capital Realty Advisors LLC on 05/05/2008. Service was accepted by David Lopez. Document filed by Joshua Safrin. (Hackett, Jean Marie)

May 1, 2008

Filing 65 THIRD PARTY COMPLAINT against Stephen Friedman, Steven Alevy, Buchanan Ingersoll & Rooney, P.C., Bankers Capital Realty Advisors LLC, First Republic Group Corp., Moses Stern, First Republic Group Realty LLC, Ephraim Frenkel, Land Title Associates Escrow, Amusement Industry, Inc., Practical Finance Co., Inc..Document filed by Joshua Safrin.(dle) (dle). (Additional attachment(s) added on 5/2/2008: #1 amended complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (dle).

May 1, 2008

Filing 64 ORDER granting #59 Motion to Compel; granting #61 Motion to Compel. Defendants Stern, First Republic Group Realty LLC, Frenkel and Land Title Associates Escrow produce (1) non-privileged documents and (2) a privilege log as further set forth in said Order. (Signed by Judge Lewis A. Kaplan on 5/1/08) (db)

May 1, 2008

Filing 63 AFFIDAVIT of Stephen R. Stern in Opposition re: #61 MOTION to Compel Production of Documents of Stern Defendants.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B)(Ross, Philip)

May 1, 2008

Filing 62 AFFIDAVIT of Stephen R. Stern in Opposition re: #59 MOTION to Compel defendants Stern, First Republic Group, Ephraim Frenkel and Land Title Associates to produce documents.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit Exh A to Stephen R. Stern Affidavit, #2 Exhibit Exhibit B to Stephen R. Stern Affidavit, #3 Exhibit Exh C, Pt 1 to Stephen R. Stern Affidavit, #4 Exhibit Exh C, Pt 2 to Stephen R. Stern Affidavit)(Ross, Philip)

April 29, 2008

Filing 61 MOTION to Compel Production of Documents of Stern Defendants. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lupkin, Jonathan)

April 29, 2008

Filing 60 TRANSCRIPT of proceedings (motion) held on 3/28/08 before Judge Lewis A. Kaplan. (ja)

April 29, 2008

Filing 59 MOTION to Compel defendants Stern, First Republic Group, Ephraim Frenkel and Land Title Associates to produce documents. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc..(Youngelson, Marc)

April 22, 2008

Filing 58 NOTICE OF APPEARANCE by Michael Alexander Lynn on behalf of Moses Stern, First Republic Group Realty, LLC (Lynn, Michael)

April 22, 2008

Filing 57 NOTICE OF APPEARANCE by Arthur Edward Brown on behalf of Moses Stern, First Republic Group Realty, LLC (Brown, Arthur)

April 22, 2008

Filing 56 NOTICE OF APPEARANCE by Efrem Tobias Schwalb on behalf of Moses Stern, First Republic Group Realty, LLC (Schwalb, Efrem)

April 16, 2008

Filing 55 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Efrem Tobias Schwalb on behalf of Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow (Schwalb, Efrem) Modified on 4/17/2008 (gf).

April 16, 2008

Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Michael Alexander Lynn on behalf of Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow (Lynn, Michael) Modified on 4/17/2008 (gf).

April 16, 2008

Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Arthur Edward Brown on behalf of Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow (Brown, Arthur) Modified on 4/17/2008 (gf).

April 11, 2008

Filing 52 REPLY AFFIRMATION of Jonathan D. Lupkin in Support re: #27 MOTION to Dismiss Notice of Motion.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit 1)(Lupkin, Jonathan)

April 11, 2008

Filing 51 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss Notice of Motion.. Document filed by Joshua Safrin. (Lupkin, Jonathan)

April 11, 2008

Filing 50 NOTICE OF APPEARANCE by Stephen R. Stern on behalf of Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow (Stern, Stephen)

April 11, 2008

Filing 49 REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Complaint.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Ross, Philip)

April 10, 2008

Filing 48 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Stephen Stern dated 4/9/08 re: Request that defendants Reply memorandum in further support of motion to dismiss exceed by five pages the 10 page limit. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 4/10/08) (cd)

March 28, 2008

Filing 47 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss Notice of Motion.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Attachments: #1 Second Part of Memorandum of Law)(Youngelson, Marc)

March 28, 2008

Filing 46 MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss Complaint.. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.. (Youngelson, Marc)

March 28, 2008

Filing 45 MEMO ENDORSED ON ORDER TO SHOW CAUSE TO QUASH MODIFY LIMIT AND/OR ENJOIN COMPLIANCE WITH NONPARTY SUBPOENA: File unsigned motion dealt with in open Court. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/28/08) (js)

March 21, 2008

Filing 44 STIPULATION REGARDING BRIEFING ON DEFENDANTS' MOTIONS TO DISMISS: that the briefing schedule on the Motion to Dismiss, shall be and hereby changed from the timing such that opposing affidavits and answering memoranda shall be served on or before 3/28/08 and reply affidavits and answering memoranda shall be served on or before 4/11/08. (Signed by Judge Lewis A. Kaplan on 3/21/08) (tro)

March 18, 2008

Filing 43 STIPULATION: that the Amendment Deadline, be and hereby is, adjusted from 4/1/08 to 5/1/08. ( Amended Pleadings due by 5/1/2008.) (Signed by Judge Lewis A. Kaplan on 3/18/08) (tro)

March 13, 2008

Filing 42 NOTICE OF APPEARANCE by Jean Marie Hackett on behalf of Joshua Safrin (Hackett, Jean Marie)

March 5, 2008

Filing 41 SCHEDULING ORDER: Joinder of additional parties - 5/1/08. Amendment of pleadings - 4/1/08. The parties shall make required Rule 26(a)(2) disclosures with respect to expert witnesses on or before 8/1/08; rebuttal expert witnesses on or before 9/1/08. Completion of all discovery - 10/1/08. Service of summary judgment motions 11/1/08. Filing of pretrial order, proposed jury instructions and requested voir dire questions - - case ready for trial 11/1/08. (Signed by Judge Lewis A. Kaplan on 3/5/08) (dle)

February 29, 2008

Filing 40 AFFIDAVIT of Stephen R. Stern in Support re: #35 MOTION to Dismiss Complaint.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ross, Philip) Modified on 2/29/2008 (kkc).

February 28, 2008

Filing 39 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Stephen R. Stern dated 2/21/08 re: defendants write to advise counsel for all parties have conferred and wish to submit the attached Pre-Trial Conference Report. All of the named defendants intend to file motions to dismiss the action by 2/27/08. and all of the parties are requesting that the conference not be cancelled, and, that it go forward as scheduled in Your Honor's 2/5/08 Order on 2/28/08 at 10:00 a.m in Courtroom 12D at 500 Pearl Street. ENDORSEMENT: Granted, So Ordered. (Signed by Judge Lewis A. Kaplan on 2/27/08) (pl)

February 28, 2008

Filing 38 ORDER The motion [16 through 24] is denied without prejudice to renewal. Any renewed motion shall docket the notice of motion, each affidavit or declaration with any exhibits, and the memorandum of law separately. Each docket entry shall accurately describe the paper to which it pertains. Additional relief as set forth in this Order.. (Signed by Judge Lewis A. Kaplan on 2/28/08) (pl)

February 28, 2008

Filing 37 FILING ERROR - CORRUPTED PDF FILE ASSOCIATED WITH DOCKET ENTRY - AFFIDAVIT of Stephen R. Stern in Support re: #35 MOTION to Dismiss Complaint.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ross, Philip) Modified on 2/29/2008 (kkc).

February 28, 2008

Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Complaint.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Ross, Philip)

February 28, 2008

Filing 35 MOTION to Dismiss Complaint. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) (kkc).

February 28, 2008

Filing 34 DECLARATION of Jonathan D. Lupkin in Support re: #27 MOTION to Dismiss Notice of Motion.. Document filed by Joshua Safrin. (Attachments: #1 Exhibit A (Complaint) (1 of 8), #2 Exhibit A (Complaint) (2 of 8), #3 Exhibit A (Complaint)(3 of 8), #4 Exhibit A (Complaint) (4 of 8), #5 Exhibit A (Complaint)(5 of 8), #6 Exhibit A (Complaint) (6 of 8), #7 Exhibit A (Complaint)(7 of 8), #8 Exhibit A (Complaint) (8 of 8), #9 Exhibit B, #10 Exhibit C, #11 Exhibit D)(Lupkin, Jonathan)

February 28, 2008

Filing 33 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss Notice of Motion. in Support of Defendant Joshua Safrin's Motion to Dismiss. Document filed by Joshua Safrin. (Lupkin, Jonathan)

February 28, 2008

Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Ross, Philip) Modified on 2/28/2008 (kkc).

February 28, 2008

Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Stephen R. Stern in Support re: #16 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Attachments: #1 Exhibit A, #2 Exhibit Exhibit B, Part 1, #3 Exhibit Exhibit B, Part 2, #4 Exhibit Exhibit B, Part 3, #5 Exhibit Exhibit B, Part 4, #6 Exhibit Exhibit B, Part 5, #7 Exhibit Exhibit B, Part 6)(Ross, Philip) Modified on 2/28/2008 (kkc).

February 28, 2008

Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Stephen R. Stern in Support re: #16 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Ross, Philip) Modified on 2/28/2008 (kkc).

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #20 MOTION to Dismiss (Exhibit B, Pt 2 to Stephen R. Stern Affidavit). ERROR(S): Filing Error of Exhibit A. Exhibits are filed as an attachment to motion or supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #21 MOTION to Dismiss (Exhibit B, Part 3 to Stephen R. Stern Affidavit). ERROR(S): Filing Error of Exhibit. Exhibits are filed as an attachment to motion or supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #19 MOTION to Dismiss (Exhibit B, Part 1 to Stephen R Stern Affidavit). ERROR(S): Filing Error of Exhibit A. Exhibits are filed as an attachment to motion or supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #17 MOTION to Dismiss (Affidavit of Stephen R. Stern in support of motion to dismiss). Use the document type Affidavit in Support of Motion found under the document list Replies, Opposition and Supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #22 MOTION to Dismiss (Exhibit B, Part 4 to Stephen R. Stern Affidavit). ERROR(S): Filing Error of Exhibit. Exhibits are filed as an attachment to motion or supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #18 MOTION to Dismiss (Exhibit A to Stephen R. Stern Affidavit). ERROR(S): Filing Error of Exhibit A. Exhibits are filed as an attachment to motion or supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #24 MOTION to Dismiss (Exhibit B, Part 6 to Stephen R. Stern Affidavit). ERROR(S): Filing Error of Exhibit. Exhibits are filed as an attachment to motion or supporting documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Jonathan Daniel Lupkin to RE-FILE Document #29 MOTION to Dismiss (Memorandum of Law in Support of Defendant Joshua Safrin's Motion to Dismiss the Complaint). Use the document type Memorandum of Law in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Jonathan Daniel Lupkin to RE-FILE Document #28 MOTION to Dismiss (Declaration of Jonathan D. Lupkin, dated February 27, 2008. Use the document type Declaration in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #25 Memorandum of Law in Support of Motion. ERROR(S): Linked to incorrect document. Should be linked to document #16 instead of document #24. (KA)

February 28, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip S. Ross to RE-FILE Document #23 MOTION to Dismiss (Exhibit B, Part 5 to Stephen R. Stern Affidavit). ERROR(S): Filing Error of Exhibit. Exhibita are filed as an attachment to motion or supporting documents. (KA)

February 27, 2008

Filing 29 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Memorandum of Law in Support of Defendant Joshua Safrin's Motion to Dismiss the Complaint). Document filed by Joshua Safrin. Responses due by 3/12/2008(Lupkin, Jonathan) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 28 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Declaration of Jonathan D. Lupkin, dated February 27, 2008). Document filed by Joshua Safrin. Responses due by 3/12/2008 (Attachments: #1 Exhibit A (Complaint and Exhibits) 1 of 8, #2 Exhibit A (Complaint)(Part 2 of 8), #3 Exhibit A (Complaint)(Part 3 of 8), #4 Exhibit A (Complaint)(Part 4 of 8), #5 Exhibit A (Complaint)(Part 5 of 8), #6 Exhibit A (Complaint)(Part 6 of 8), #7 Exhibit A (Complaint)(Part 7 of 8), #8 Exhibit A (Complaint)(Part 8 of 8), #9 Exhibit B, #10 Exhibit C, #11 Exhibit D)(Lupkin, Jonathan) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 27 MOTION to Dismiss Notice of Motion. Document filed by Joshua Safrin. Responses due by 3/12/2008(Lupkin, Jonathan)

February 27, 2008

Filing 26 CERTIFICATE OF SERVICE of Notice of motion to dismiss, Affidavit in support of motion, exhibits to motion, Memorandum of Law in support of motion to dismiss served on Counsel for Plaintiffs and Counsel for Defendant Safrin on 02/27/08. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Ross, Philip)

February 27, 2008

Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Exhibit B, Part 6 to Stephen R. Stern Affidavit., #16 MOTION to Dismiss Notice of Motion to Dismiss., #22 MOTION to Dismiss Exhibit B, Part 4 to Stephen R. Stern Affidavit., #18 MOTION to Dismiss Exhibit A to Stephen R. Stern Affidavit., #17 MOTION to Dismiss Affidavit of Stephen R. Stern in support of motion to dismiss., #21 MOTION to Dismiss Exhibit B, Part 3 to Stephen R. Stern Affidavit., #23 MOTION to Dismiss Exhibit B, Part 5 to Stephen R. Stern Affidavit., #20 MOTION to Dismiss Exhibit B, Pt 2 to Stephen R. Stern Affidavit., #19 MOTION to Dismiss Exhibit B, Part 1 to Stephen R Stern Affidavit.. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY -MOTION to Dismiss (Exhibit B, Part 6 to Stephen R. Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Exhibit B, Part 5 to Stephen R. Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Exhibit B, Part 4 to Stephen R. Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Exhibit B, Part 3 to Stephen R. Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Exhibit B, Pt 2 to Stephen R. Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Exhibit B, Part 1 to Stephen R Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Exhibit A to Stephen R. Stern Affidavit). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 17 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Affidavit of Stephen R. Stern in support of motion to dismiss). Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip) Modified on 2/28/2008 (KA).

February 27, 2008

Filing 16 MOTION to Dismiss Notice of Motion to Dismiss. Document filed by Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow.(Ross, Philip)

February 7, 2008

Filing 15 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/28/2008 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 2/5/08) (cd)

January 28, 2008

Filing 14 STIPULATION: Moses Stern; First Republic Group Realty, LLC; Ephraim Frenkel; and Land Associates Escrow time to answer or respond to complaint is extended to 2/27/2008. (Signed by Judge Lewis A. Kaplan on 1/28/2008) (jar)

January 18, 2008

Filing 13 NOTICE OF APPEARANCE by Philip S. Ross on behalf of Moses Stern, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow (Ross, Philip)

January 16, 2008

Filing 12 STIPULATION: Defendant Joshua Safrin's time to answer, move, or otherwise respond to the complaint in the above-captioned action be and hereby is extended through and including 2/27/08. (Signed by Judge Lewis A. Kaplan on 1/15/08) (tro)

January 16, 2008

Filing 11 AFFIDAVIT OF SERVICE. Land Associates Escrow served on 1/11/2008, answer due 1/31/2008. Service was accepted by Carol Vogt, Authorized Agent. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

January 15, 2008

Filing 10 STIPULATION AND ORDER, Defendant Joshua Safrin's time to answer, move, or otherwise respond to the complaint in this action be and hereby is extended through and including 2/27/2008. (Signed by Judge Lewis A. Kaplan on 1/15/08) (pl)

January 15, 2008

Filing 9 CERTIFICATE OF SERVICE. First Republic Group Realty, LLC served on 1/8/2008, answer due 1/28/2008. Service was made by Mail. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

January 14, 2008

Filing 8 AFFIDAVIT OF SERVICE. First Republic Group Realty, LLC served on 1/2/2008, answer due 1/22/2008. Service was accepted by Chad Matice, Secretary of State. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

January 14, 2008

Filing 7 NOTICE OF APPEARANCE by Jonathan Daniel Lupkin on behalf of Joshua Safrin (Lupkin, Jonathan)

January 11, 2008

Filing 6 AFFIDAVIT OF SERVICE. Ephraim Frenkel served on 1/3/2008, answer due 1/23/2008. Service was accepted by Sherry Frenkel wife of Ephraim Frenkel. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

January 11, 2008

Filing 5 AFFIDAVIT OF SERVICE. Joshua Safrin served on 1/3/2008, answer due 1/23/2008. Service was made by Mail. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

January 11, 2008

Filing 4 AFFIDAVIT OF SERVICE. Moses Stern served on 1/3/2008, answer due 1/23/2008. Service was made by Mail. Document filed by Amusement Industry, Inc.. (Youngelson, Marc)

January 10, 2008

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Marc David Youngelson for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document #1 Complaint, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (jeh)

January 4, 2008

Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (jeh)

January 4, 2008

Magistrate Judge Gabriel W. Gorenstein is so designated. (jeh)

January 4, 2008

CASE ACCEPTED AS SIMILAR. Create association to 1:07-cv-10717-LAK. Notice of Assignment to follow. (jeh)

December 27, 2007

Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc..(tro)

December 27, 2007

Filing 1 COMPLAINT against Moses Stern, Joshua Safrin, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (Filing Fee $ 350.00, Receipt Number 636894)Document filed by Amusement Industry, Inc., Pratical Finance Co., Inc.(tro) (Additional attachment(s) added on 1/11/2008: #1 c, #2 e, #3 e, #4 e) (jeh).

December 27, 2007

SUMMONS ISSUED as to Moses Stern, Joshua Safrin, First Republic Group Realty, LLC, Ephraim Frenkel, Land Associates Escrow. (tro)

December 27, 2007

Case Designated ECF. (tro)

December 27, 2007

CASE REFERRED TO Judge Lewis A. Kaplan as possibly similar to 1:07-cv-10717. (tro)

Search for this case: Amusement Industry, Inc. et al v. Stern et al
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Defendant: Land Title Associates Agency, LLC
Represented By:	Mark W. Geisler
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Defendant: Moses Stern
Represented By:	Arthur Edward Brown
Represented By:	Philip S. Ross
Represented By:	Michael Alexander Lynn
Represented By:	Brian K Condon
Represented By:	Efrem Tobias Schwalb
Represented By:	Mark W. Geisler
Represented By:	Stephen R. Stern
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Defendant: Joshua Safrin
Represented By:	Jonathan Daniel Lupkin
Represented By:	Jean Marie Hackett
Represented By:	Thomas Moss Wood
Represented By:	Nichole M Galvin
Represented By:	Nathan D. Adler
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Defendant: Land Title Associates
Represented By:	Mark W. Geisler
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Defendant: Land Associates Escrow
Represented By:	Philip S. Ross
Represented By:	Mark W. Geisler
Represented By:	Stephen R. Stern
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4th party defendant: The Safrin Group, LLC