Plainfield Special Situations Master Fund Limited v. JMJ Development Inc. et al
Plaintiff: Plainfield Special Situations Master Fund Limited
Defendant: JMJ Development Inc. and Timothy L. Barton
Case Number: 1:2008cv07943
Filed: September 11, 2008
Court: US District Court for the Southern District of New York
Office: Contract: Other Office
County: XX Out of State
Presiding Judge: Richard M Berman
Referring Judge: James C Francis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1446 nr
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on October 20, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2009 Opinion or Order Filing 41 ORDER: It is hereby ordered that the above entitled action be, and the same hereby is, discontinued; provided, however, that the Plaintiff or Defendants may apply, on or before November 16, 2009 (noon) by letter showing good cause why this action should be restored to the calendar of the undersigned. So Ordered (Signed by Judge Richard M. Berman on 10/19/09) (js)
September 8, 2009 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/8/2009. Settlement Conference set for 10/22/2009 at 09:30 AM before Judge Richard M. Berman. (mro)
August 4, 2009 Opinion or Order Filing 40 ENDORSED LETTER addressed to Judge Richard M. Berman from Anthony P. Coles dated 7/28/2009 re: Counsel respectfully request a pre-motion conference in connection with their intention to move for an order permitting DLA Piper LLP (US) to withdraw as counsel for Defendants, pursuant to Local Civil Rule 1.4, and for an order to file our declarations in support thereof, and supporting memorandum of law, under seal. ENDORSEMENT: Conference has been set for 9/8/09 at 9 a.m. So Ordered. (Signed by Judge Richard M. Berman on 8/4/2009) (jfe)
June 15, 2009 Filing 39 AFFIDAVIT OF SERVICE of Plaintiff's Answer to Defendants' Counterclaims served on Anthony P. Coles on June 15, 2009. Service was made by Mail. Document filed by Plainfield Special Situations Master Fund Limited. (Paradise, Steven)
June 15, 2009 Filing 38 ANSWER to Counterclaim. Document filed by Plainfield Special Situations Master Fund Limited.(Paradise, Steven)
May 7, 2009 Opinion or Order Filing 37 STIPULATION AND ORDER,by and between Plaintiff, by its attorneys, Vinson & Elkins L.L.P., and Defendants JMJ Development Inc. and Timothy L. Barton, by their attorneys, DLA Piper LLP (US), as follows: Pursuant to a certain standstill agreement, the parties agree that all pending deadlines in this action shall be extended by thirty-days, including any noticed depositions, all discovery deadlines, and Plainfield's date to answer or otherwise respond to Defendants' counterclaims, which is adjourned from May 13,2009 through and including June 15, 2009 Plainfield Special Situations Master Fund Limited answer due 6/15/2009. SO ORDERED (Signed by Judge Richard M. Berman on 5/7/2009) (jmi)
April 29, 2009 Opinion or Order Filing 36 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: As Amended. The Court retains discretion whether to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. This Order applies only to the proceeding in this Court and not to any other Court or courts, e.g. Texas State Courts. (Signed by Judge Richard M. Berman on 4/29/09) (pl)
April 23, 2009 Filing 35 CERTIFICATE OF SERVICE of ANSWER, AFFIRMATIVE DEFENSES & COUNTERCLAIMS served on Attorneys for Plaintiff Plainfield Special Situations Master Fund Limited on April 23, 2009. Service was made by Overnight Mail. Document filed by JMJ Development Inc., Timothy L. Barton. (Coles, Anthony)
April 23, 2009 Filing 34 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Plainfield Special Situations Master Fund Limited. Document filed by JMJ Development Inc., Timothy L. Barton.(Coles, Anthony)
March 31, 2009 Filing 33 COMPLAINT against JMJ Development Inc., Timothy L. Barton. Document filed by Plainfield Special Situations Master Fund Limited.(dle)
March 24, 2009 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 3/24/2009. Plaintiff will file a complaint by 3/31/09; defense will advise the Court by letter by 4/7/09 re: response (i.e. answer on motion). Parties may proceed with discovery. (mro)
March 24, 2009 Opinion or Order Filing 32 ADMINISTRATIVE ORDER It is hereby ordered that Defendants motion to dismiss [#12] and Plaintiffs cross-motion for summary judgment [#20] are hereby dismissed on consent of the parties and without prejudice. (Signed by Judge Richard M. Berman on 3/24/09) (mme)
February 23, 2009 Opinion or Order Filing 31 ENDORSED LETTER addressed to Judge Richard M. Berman from Todd B. Marcus dated 2/20/09 re: Request that the requested discovery relates to defendants' opposition to plaintiff's cross-motion for summary judgment. ENDORSEMENT: Conference on 3/2/09 @ 10:00 a.m. SO ORDERED. (Status Conference set for 3/2/2009 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 2/23/09) (db)
February 17, 2009 Filing 30 ENDORSED LETTER addressed to Judge Richard M. Berman from Todd B. Marcus dated 2/17/09 re: The parties jointly request a modification of the Case Management Plan to extend to April 30, 2009 the date by which discovery must be completed. The parties also request that the depositions be due on April 30, 2009. ENDORSEMENT: How, if at all, does the proposed discovery relate to the pending motions. Please advise by 2/20/09. (Signed by Judge Richard M. Berman on 2/17/09) (mme)
February 3, 2009 Filing 29 REPLY MEMORANDUM OF LAW in Support re: #20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT. Plaintiff's Reply Memorandum of Law in Further Support of its Cross-Motion for Summary Judgment in Lieu of Complaint. Document filed by Plainfield Special Situations Master Fund Limited. (Paradise, Steven)
January 21, 2009 Filing 28 CERTIFICATE OF SERVICE of Memorandum of Law (a) In Further Support of Defendants Motion For an Order Dismissing or Staying This Action Pending the Outcome of the Texas Action, and (b) In Opposition to Plaintiffs Cross-Motion for Summary Judgment and Affidavit of Timothy L. Barton served on Attorneys for Plaintiff on January 20, 2009. Service was made by UPS. Document filed by JMJ Development Inc., Timothy L. Barton. (Marcus, Todd)
January 20, 2009 Filing 27 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or > MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or > , and in Opposition re: #20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT. Document filed by JMJ Development Inc., Timothy L. Barton. (Marcus, Todd)
January 20, 2009 Filing 26 AFFIDAVIT of Timothy L. Barton (a) in Further Support re: #12 MOTION to Dismiss this case, and (b) in Opposition re: #20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT.. Document filed by JMJ Development Inc., Timothy L. Barton. (Attachments: #1 Exhibit U, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X)(Marcus, Todd)
January 9, 2009 Opinion or Order Filing 25 REVISED SCHEDULING ORDER: re defendants' motion to dismiss and plaintiff's cross motion for summary judgment: Response to plaintiff's cross motion due by 1/20/2009. Reply (15 pages) to defendants' motion to dismiss due by 1/20/2009. Plaintiff's sur-reply (10 pages) shall be served and filed by 2/3/09. (Signed by Judge Richard M. Berman on 1/9/09) (cd)
January 5, 2009 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Pretrial Conference held on 1/5/2009. (mro)
December 24, 2008 Filing 24 AFFIDAVIT OF SERVICE of Cross-Motion for Summary Judgment in Lieu of Complaint, Declaration of Steven Paradise, Esq., Declaration of Steven Segaloff, Esq. and Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Stay or Dismiss and in Support of Plaintiff's Cross-Motion for Summary Judgment in Lieu of Complaint served on Todd B. Marcus, DLA PIPER LLP on 12/23/2008. Service was accepted by Jeff Rogers, Authorized Representative. Document filed by Plainfield Special Situations Master Fund Limited. (Paradise, Steven)
December 23, 2008 Filing 23 MEMORANDUM OF LAW in Support re: #20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT. AND IN OPPOSITION TO DEFENDANTS' MOTION TO STAY OR DISMISS. Document filed by Plainfield Special Situations Master Fund Limited. (Paradise, Steven)
December 23, 2008 Filing 22 DECLARATION of Steven Segaloff, Esq. in Support re: #20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT., #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or > MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or >. Document filed by Plainfield Special Situations Master Fund Limited. (Attachments: #1 Exhibit A to Declaration of Steven Segaloff, Esq., #2 Exhibit B to Declaration of Steven Segaloff, Esq., #3 Exhibit C to Declaration of Steven Segaloff, Esq., #4 Exhibit D to Declaration of Steven Segaloff, Esq., #5 Exhibit E to Declaration of Steven Segaloff, Esq., #6 Exhibit F to Declaration of Steven Segaloff, Esq., #7 Exhibit G to Declaration of Steven Segaloff, Esq., #8 Exhibit H to Declaration of Steven Segaloff, Esq., #9 Exhibit I to Declaration of Steven Segaloff, Esq., #10 Exhibit J to Declaration of Steven Segaloff, Esq., #11 Exhibit K to Declaration of Steven Segaloff, Esq., #12 Exhibit L to Declaration of Steven Segaloff, Esq.)(Paradise, Steven)
December 23, 2008 Filing 21 DECLARATION of Steven Paradise, Esq. in Support re: #20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT., #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or > MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or >. Document filed by Plainfield Special Situations Master Fund Limited. (Attachments: #1 Exhibit A to Declaration of Steven Paradise, Esq.)(Paradise, Steven)
December 23, 2008 Filing 20 CROSS MOTION for Summary Judgment IN LIEU OF COMPLAINT. Document filed by Plainfield Special Situations Master Fund Limited. Responses due by 1/13/2009(Paradise, Steven)
December 22, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Robert Paradise to RE-FILE Document #17 CROSS MOTION for Summary Judgment in Lieu of Complaint. ERROR(S): Supporting Documents must be Linked to the Corrected Motion (i.e. Both Declarations in Support to be filed individually). ***REMINDER*** - First Re-File Motion for Summary Judgment, then File and Link any Supporting Documents. (db)
December 22, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Robert Paradise to RE-FILE Document #19 Memorandum of Law in Support of Motion. ERROR(S): Supporting Documents must be Linked to the Corrected Motion. (db)
December 22, 2008 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #17 CROSS MOTION for Summary Judgment in Lieu of Complaint. Document filed by Plainfield Special Situations Master Fund Limited. (Paradise, Steven) Modified on 12/23/2008 (db).
December 22, 2008 Filing 18 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or > MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or > this Court's inherent powers. Document filed by Plainfield Special Situations Master Fund Limited. (Paradise, Steven)
December 22, 2008 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Summary Judgment in Lieu of Complaint. Document filed by Plainfield Special Situations Master Fund Limited. Responses due by 1/13/2009 (Attachments: #1 Declaration of Steven Paradise, Esq., #2 Exhibit A, #3 Declaration of Steven Segaloff, Esq., #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L)(Paradise, Steven) Modified on 12/23/2008 (db).
November 25, 2008 Filing 16 STIPULATION: Defendants' motion shall be served and filed by November 21, 2008. Plaintiff's opposition and cross-motion shall be served and filed by December 22, 2008. Defendants' reply papers shall be served and filed by January 13, 2009. Plaintiff's sur-reply papers shall be served and filed by January 27, 2009. (Signed by Judge Richard M. Berman on 11/25/2008) (jpo)
November 24, 2008 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #15 HAS BEEN REJECTED. Note to Attorney Todd Barry Marcus : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
November 24, 2008 Filing 15 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this. Document filed by JMJ Development Inc., Timothy L. Barton. Return Date set for 1/13/2009 at 09:30 AM.(Marcus, Todd) Modified on 11/25/2008 (db).
November 21, 2008 Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this. Document filed by JMJ Development Inc., Timothy L. Barton. (Attachments: #1 Certificate of Service)(Marcus, Todd)
November 21, 2008 Filing 13 AFFIDAVIT of TIMOTHY L. BARTON in Support re: #12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this. Document filed by JMJ Development Inc., Timothy L. Barton. (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, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Certificate of Service)(Marcus, Todd)
November 21, 2008 Filing 12 MOTION to Dismiss this case, either by reason of the doctrine of abstention, or Rule 12(b)(3) of the Federal Rules of Civil Procedure and the doctrine of forum non conveniens, or staying this action, under either the doctrine of abstention or this Court's inherent powers. Document filed by JMJ Development Inc., Timothy L. Barton. Responses due by 12/15/2008 (Attachments: #1 Certificate of Service)(Marcus, Todd) Modified on 11/25/2008 (mj).
November 12, 2008 Filing 11 RULE 26 DISCLOSURE.Document filed by JMJ Development Inc., Timothy L. Barton.(Marcus, Todd)
November 11, 2008 Filing 10 RULE 26 DISCLOSURE.Document filed by Plainfield Special Situations Master Fund Limited.(Paradise, Steven)
October 28, 2008 Filing 9 CASE MANAGEMENT PLAN: Additional parties may not be joined except with leave of the Court. Any motions to join additional parties shall be served by December 26, 2008. Amended pleadings may not be filed except with leave of the Court. Any motions to file an amended pleading shall be served by December 26, 2008. All discovery shall be expeditiously completed by Feb. 27, 2009. The parties do not consent to proceed before a Magistrate Judge. The parties are currently attempting to schedule a settlement meeting, with principals 3/2/2009 at 10:00 a.m. Refer discovery issues to Magistrate. defense MTD by 11/21/08. Response (and cross Motion) by 12/15/08. Reply by Dec. 30, 2008. Surreply by 1/13/2009. On Submissions unless Court needs discussions. (Signed by Judge Richard M. Berman on 10/28/2008) (jfe)
October 28, 2008 Opinion or Order Filing 8 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). Referred to Magistrate Judge James C. Francis. (Signed by Judge Deborah A. Batts on 10/28/2008) (jfe)
October 7, 2008 Filing 7 ENDORSED LETTER addressed to Judge Richard M. Berman from Steven Paradise dated 10/7/08 re: Counsel requests a pre-motion conference on Plainfield's motion for summary judgment in lieu of complaint. ENDORSEMENT: PL to respond with 2-3 paragraph letter by 10/13/08 at 9:00., ( Pre-Motion Conference set for 10/28/2008 at 09:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 10/7/08) (mme)
September 29, 2008 Filing 6 NOTICE OF APPEARANCE by Michael V. Rella on behalf of Plainfield Special Situations Master Fund Limited (Rella, Michael)
September 29, 2008 Filing 5 NOTICE OF APPEARANCE by Steven Robert Paradise on behalf of Plainfield Special Situations Master Fund Limited (Paradise, Steven)
September 19, 2008 Filing 4 MEMO ENDORSEMENT on Stipulation for adjournment of briefing schedule. ENDORSEMENT: No motions prior to the conference on 10/28/08. (Signed by Judge Richard M. Berman on 9/19/08) (dle)
September 18, 2008 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Plainfield Special Situations Offshore Feeder Fund Limited as Corporate Parent. Document filed by Plainfield Special Situations Master Fund Limited.(Paradise, Steven)
September 11, 2008 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JMJ Development Inc., Timothy L. Barton.(ama)
September 11, 2008 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650314/08. (Filing Fee $ 350.00, Receipt Number 662862).Document filed by JMJ Development Inc., Timothy L. Barton.(ama) (Additional attachment(s) added on 9/16/2008: #1 Ehibits, #2 Exhibits a2) (ama).
September 11, 2008 Magistrate Judge James C. Francis is so designated. (ama)
September 11, 2008 Case Designated ECF. (ama)

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Defendant: JMJ Development Inc.
Represented By: Todd Barry Marcus
Represented By: Barbara L. Seniawski
Represented By: Carrie Sue Duranceau
Represented By: Anthony Paul Coles
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Defendant: Timothy L. Barton
Represented By: Todd Barry Marcus
Represented By: Barbara L. Seniawski
Represented By: Carrie Sue Duranceau
Represented By: Anthony Paul Coles
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Plaintiff: Plainfield Special Situations Master Fund Limited
Represented By: Steven Robert Paradise
Represented By: Michael V. Rella
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