Bravia Capital Partners Inc. v. Fike
Plaintiff: Bravia Capital Partners Inc.
Defendant: Maryanne Fike
Petitioner: 747-Freighter Conversion LLC, Bravia LLC and BHK Partners 1 Limited
Not Classified By Court: Bharat Bhise
Case Number: 1:2009cv06375
Filed: July 16, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Kevin Nathaniel Fox
Referring Judge: John F Keenan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1442 nr Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 15, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2015 Opinion or Order Filing 273 STIPULATION DISMISSING ACTION WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorney of record for Plaintiff and attorneys for Defendant that the action is hereby dismissed in its entirety with prejudice and without costs to either party as against the other. This Stipulation may be filed without further notice with the Clerk of the Court. (Signed by Judge John F. Keenan on 6/15/2015) (mro)
June 12, 2015 Opinion or Order ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Mark Weissman to E-MAIL Document No. #272 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
June 11, 2015 Opinion or Order Filing 272 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Maryanne Fike, Bravia Capital Partners Inc. and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Maryanne Fike.(Weissman, Mark) Modified on 6/12/2015 (km).
May 27, 2015 Opinion or Order Filing 271 ORDER TO SHOW CAUSE: At the request of both sides, counsel for all parties appeared today for a conference. At the conference, all counsel informed the Court that they had reached a settlement and requested that all proceedings be resolved. The Court agreed. Therefore, it is ORDERED that this case is closed and the Clerk is directed to remove the case from this Court's docket. (Signed by Judge John F. Keenan on 5/27/2015) (kko)
May 27, 2015 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Final Pretrial Conference held on 5/27/2015. (wr)
May 27, 2015 Opinion or Order Terminate Transcript Deadlines (kko)
May 20, 2015 Opinion or Order Filing 270 ORDER: A conference in this case is set for Wednesday, May 27,_2015 at 11:30 a.m. in Courtroom 20-C, U.S. District Court, 500 Pearl Street, New York, NY. (Status Conference set for 5/27/2015 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 5/20/2015) (kko)
May 11, 2015 Opinion or Order Filing 269 ORDER FOR ADMISSION PRO HAC VICE granting #266 Motion for Jason D. Moore to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 5/7/2015) (kko)
May 7, 2015 Opinion or Order Filing 268 ORDER FOR ADMISSION PRO HAC VICE granting #267 Motion for Jonathan M. Redgrave to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 5/7/2015) (kko)
May 7, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #267 MOTION for Jonathan M. Redgrave to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893534. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 6, 2015 Opinion or Order Filing 267 MOTION for Jonathan M. Redgrave to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893534. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bravia Capital Partners Inc..(Moore, Jason)
May 6, 2015 Opinion or Order Filing 266 AMENDED MOTION for Jason D. Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893433. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bravia Capital Partners Inc..(Moore, Jason)
May 6, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #266 AMENDED MOTION for Jason D. Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893433. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 1, 2015 Opinion or Order Filing 265 ORDER FOR ADMISSION PRO HAC VICE granting #263 Motion for Mollie C. Nichols to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 5/1/2015) (tn)
April 30, 2015 Opinion or Order Filing 264 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason D. Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10873333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bravia Capital Partners Inc..(Nichols, Mollie) Modified on 4/30/2015 (wb).
April 30, 2015 Opinion or Order Filing 263 MOTION for Mollie C. Nichols to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10873184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bravia Capital Partners Inc..(Nichols, Mollie)
April 30, 2015 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #264 MOTION for Jason D. Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10873333. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from the Supreme Court if Virginia with Clerk of Court 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. (wb)
April 30, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #263 MOTION for Mollie C. Nichols to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10873184. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 27, 2015 Opinion or Order Filing 262 NOTICE OF APPEARANCE by Jacob Harris Hupart on behalf of Bharat Bhise. (Hupart, Jacob)
April 27, 2015 Opinion or Order Filing 261 NOTICE OF APPEARANCE by James L. Brochin on behalf of Bharat Bhise. (Brochin, James)
April 16, 2015 Opinion or Order Filing 260 ORDER TO SHOW CAUSE: As the Court noted in its recent opinion regarding sanctions in this case: "The submission of false documents is clearly sanctionable." Bravia Capital Partners, Inc. v. Fike, No. 09 Civ. 6375, 2015 WL 1332334, at *18 (S.D.N.Y. Mar. 25, 2015). In considering an appropriate sanction, the Court wishes to further inquire as to Bhise's state of mind when he submitted his declaration containing the forged agreement as an exhibit. As already communicated to the parties at the April 14, 2015 conference, the Court will hold a hearing on June 24, 2015 at 10:30 a.m. to inquire into Bhise's state of mind. This hearing is in addition to the oral argument on Plaintiff's renewed motion for summary judgment and the hearings as to the deleted emails, both also scheduled for June 24, 2015. Therefore, Bhise is ordered to appear at the June 24, 2015 hearing and is ordered to show cause, within fourteen days of the Court's determination of his state of mind, why he should not be sanctioned for submitting his declaration with a forged document as an exhibit. Show Cause Hearing set for 6/24/2015 at 10:30 AM before Judge John F. Keenan. (Signed by Judge John F. Keenan on 4/16/2015) (tn)
April 14, 2015 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Interim Pretrial Conference held on 4/14/2015. Hearing and oral argument set for June 24, 2015 at 10:30 a.m. (wr)
March 25, 2015 Opinion or Order Filing 259 OPINION & ORDER #105381 re: #213 MOTION for Sanctions for Fraud on the Court, filed by Maryanne Fike. For the foregoing reasons, Defendant's motion for sanctions is denied. The Court will hold a status conference on April 14, 2015, at 11:45 a.m. in Courtroom 20-C of the Daniel Patrick Moynihan U.S. Courthouse to discuss how it will proceed with (a) Plaintiff's previously withdrawn motion for summary judgment; (b) the hearings referenced in the above opinion; and (c) Bhise's order to show cause. (Status Conference set for 4/14/2015 at 11:45 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 3/25/2015) (kko) Modified on 3/27/2015 (ca).
July 11, 2014 Opinion or Order Filing 258 MEMORANDUM OF LAW in Opposition re: #213 MOTION for Sanctions for Fraud on the Court. . Document filed by Bravia Capital Partners Inc.. (House, William)
July 9, 2014 Opinion or Order Filing 257 DECLARATION of Daniel Kolbe in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 9, 2014 Opinion or Order Filing 256 DECLARATION of Bharat Bhise in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(House, William)
July 9, 2014 Opinion or Order Filing 255 DECLARATION of Fan Gao in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(House, William)
July 8, 2014 Opinion or Order Filing 254 DECLARATION of Jonathan Bander in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(House, William)
July 8, 2014 Opinion or Order Filing 253 DECLARATION of YuanFang Yan in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit)(House, William)
June 24, 2014 Opinion or Order Filing 252 DECLARATION of Herbert Rubin in Support re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit RR, #2 Exhibit Exhibit SS, #3 Exhibit Exhibit TT, #4 Exhibit Exhibit UU, #5 Exhibit Exhibit VV, #6 Exhibit Exhibit WW)(Rubin, Herbert)
June 24, 2014 Opinion or Order Filing 251 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #213 MOTION for Sanctions for Fraud on the Court. . Document filed by Maryanne Fike. (Rubin, Herbert)
June 10, 2014 Opinion or Order Filing 250 ORDER granting #244 Letter Motion for Extension of Time to File Response/Reply. The application is granted. Defendant's brief is due on June 24, 2014. Plaintiff's brief is due on July 8, 2014. This is the final extension. (Signed by Judge John F. Keenan on 6/10/2014) (tro)
June 10, 2014 Opinion or Order Set/Reset Deadlines: Brief due by 7/8/2014. (tro)
June 10, 2014 Opinion or Order Filing 249 DECLARATION of Jonathan Bander in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 10, 2014 Opinion or Order Filing 248 DECLARATION of Fan Gao in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 10, 2014 Opinion or Order Filing 247 DECLARATION of YuanFang Yan in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 10, 2014 Opinion or Order Filing 246 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/28/14 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...(Rodriguez, Somari)
June 10, 2014 Opinion or Order Filing 245 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/28/2014 before Judge John F. Keenan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 7/7/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/11/2014.(Rodriguez, Somari)
June 9, 2014 Opinion or Order Filing 244 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John F. Keenan from William C. House dated June 9, 2014. Document filed by Bravia Capital Partners Inc..(House, William)
June 3, 2014 Opinion or Order Filing 243 AMENDED ORDER re: #242 Order. This Order amends the Court's previous Order docketed at ECF No. 242. In view of the new documents, the Court finds that additional briefing is necessary. First, Plaintiff must authenticate the emails, by declaration or affidavit, by no later than June 10, 2014. Defendant has until June 20, 2014, to submit a brief of no more than ten pages concerning whether sanctions are appropriate for failure to produce these (and only these) documents during discovery-this is not an opportunity to reargue the earlier sanctions motion still pending. Plaintiff's opposition to sanctions for failure to produce these (and only these) documents is due by June 27, 2014. It shall be no more than ten pages. SO ORDERED. (Signed by Judge John F. Keenan on 6/03/2014) (ama)
June 2, 2014 Opinion or Order Filing 242 ORDER: In view of the new documents, the Court finds that additional briefing is necessary. First, Defendant must authenticate the emails, by declaration or affidavit, by no later than June 20, 2014. Plaintiff has until June 20, 2014, to submit a brief of no more than ten pages concerning whether sanctions are appropriate for failure to produce these (and only these) documents during discovery-this is not an opportunity to reargue the earlier sanctions motion still pending. Defendant's opposition to sanctions for failure to produce these (and only these) documents is due by June 20, 2014. It shall be no morethan ten pages. (Brief due by 6/20/2014.) (Signed by Judge John F. Keenan on 6/2/2014) (djc)
May 28, 2014 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Oral Argument held on 5/28/2014 re: #213 MOTION for Sanctions for Fraud on the Court. filed by Maryanne Fike. Decision reserved. (Court Reporter Carol Ganley) (wr)
May 15, 2014 Opinion or Order Filing 241 NOTICE OF HEARING: Oral Argument set for 5/28/2014 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (djc) Modified on 5/15/2014 (djc).
May 9, 2014 Opinion or Order Filing 240 DECLARATION of Mark A. Weissman in Support re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit PP, #2 Exhibit Exhibit QQ)(Weissman, Mark)
May 9, 2014 Opinion or Order Filing 239 DECLARATION of Maryanne Fike in Support re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rubin, Herbert)
May 9, 2014 Opinion or Order Filing 238 REPLY MEMORANDUM OF LAW in Support re: #213 MOTION for Sanctions for Fraud on the Court. . Document filed by Maryanne Fike. (Rubin, Herbert)
May 1, 2014 Opinion or Order Filing 237 ORDER granting #236 Letter Motion for Leave to File Excess Pages. The Application is Granted,. SO ORDERED.(Signed by Judge John F. Keenan on 5/01/2014) (ama)
April 30, 2014 Opinion or Order Filing 236 LETTER MOTION for Leave to File Excess Pages re: Reply Brief in Support of Motion for Sanctions addressed to Judge John F. Keenan from Mark A. Weissman dated April 30, 2014. Document filed by Maryanne Fike.(Weissman, Mark)
April 27, 2014 Opinion or Order Filing 235 DECLARATION of William C. House in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners 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)(House, William)
April 25, 2014 Opinion or Order Filing 234 MEMORANDUM OF LAW in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
April 25, 2014 Opinion or Order Filing 233 DECLARATION of Danny Lau in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
April 25, 2014 Opinion or Order Filing 232 DECLARATION of Fran T. Mikaloff in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
April 25, 2014 Opinion or Order Filing 231 DECLARATION of David P. Gitkos in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
April 25, 2014 Opinion or Order Filing 230 DECLARATION of Yavuz Cizmeci in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
April 25, 2014 Opinion or Order Filing 229 DECLARATION of Stewart Smith in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (House, William)
April 25, 2014 Opinion or Order Filing 228 DECLARATION of YuanFang Yan in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit 1-8, #2 Exhibit 9)(House, William)
April 25, 2014 Opinion or Order Filing 227 DECLARATION of Bharat Bhise in Opposition re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit 1-11)(House, William)
April 10, 2014 Opinion or Order Filing 226 MEMO ENDORSEMENT on #224 Response in Opposition to Motion filed by Maryanne Fike. ENDORSEMENT: Plaintiff has informed the court that defense did not object to an extension so a 2 week extension was ordered before this letter was received. (Signed by Judge John F. Keenan on 4/10/2014) (cd)
April 10, 2014 Opinion or Order Filing 225 ORDER: granting #223 Letter Motion for Extension of Time to File Response/Reply. The Defendant not objecting, the application is granted. Plaintiff's response is due no later than April 25, 2014. Defendant's reply is due no later than May 9, 2014. (Signed by Judge John F. Keenan on 4/10/2014) (djc)
April 10, 2014 Opinion or Order Set/Reset Deadlines: Responses due by 4/25/2014. Replies due by 5/9/2014. (djc)
April 10, 2014 Opinion or Order Filing 224 LETTER RESPONSE in Opposition to Motion addressed to Judge John F. Keenan from Mark A. Weissman dated April 10, 2014 re: #223 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 04/10/2014. LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 04/10/2014.. Document filed by Maryanne Fike. (Weissman, Mark)
April 10, 2014 Opinion or Order Filing 223 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 04/10/2014. Document filed by Bravia Capital Partners Inc..(House, William)
April 3, 2014 Opinion or Order Filing 222 ORDER granting #221 Letter Motion for Extension of Time to File Response/Reply re #221 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court addressed to Judge John F. Keenan from William C. House dated 04/02/2014 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court addressed to Judge John F. Keenan from William C. House dated 04/02/2014. The application is granted. Plaintiff's opposition is due no later than April 11, 2014. Defendant's reply is due by April 25, 2014. This is the final extension. SO ORDERED. Responses due by 4/11/2014 Replies due by 4/25/2014. (Signed by Judge John F. Keenan on 4/03/2014) (ama)
April 2, 2014 Opinion or Order Filing 221 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 04/02/2014. Document filed by Bravia Capital Partners Inc..(House, William)
March 24, 2014 Opinion or Order Filing 220 ORDER granting #219 Letter Motion for Extension of Time to File Response/Reply re #219 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/21/2014. LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/21/2014., #216 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/04/2014. LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/04/2014. SO ORDERED. (Responses due by 4/7/2014. Replies due by 4/21/2014.) (Signed by Judge John F. Keenan on 3/24/2014) (kgo)
March 21, 2014 Opinion or Order Filing 219 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/21/2014. Document filed by Bravia Capital Partners Inc..(House, William)
March 11, 2014 Opinion or Order Filing 218 ORDER: withdrawing #157 Motion for Summary Judgment. The Court has received and reviewed the letters from counsel for both parties regarding the briefing schedule for Defendant's motion for sanctions. Plaintiff must file its response papers by March 28, 2014, which may include a memorandum of law of no more than 40 pages. Defendant's reply, if any, is due by April 11, 2014. Ms. Fike's motion for sanctions seeks, inter alia, entry of a default judgment in her favor. Her motion also points to what she considers new evidence concerning the deals at issue in Plaintiff's summary judgment motion. Given the relief sought and the potential factual issues raised, Plaintiff's motion for summary judgment is deemed withdrawn without prejudice until the Court resolves the instant motion for sanctions. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 157. (Signed by Judge John F. Keenan on 3/11/2014) (djc) Modified on 3/11/2014 (djc).
March 11, 2014 Opinion or Order Set/Reset Deadlines: Responses due by 3/28/2014. Replies due by 4/11/2014. (djc)
March 4, 2014 Opinion or Order Filing 217 LETTER RESPONSE to Motion addressed to Judge John F. Keenan from Mark A. Weissman dated March 4, 2014 re: #216 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/04/2014. LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/04/2014.. Document filed by Maryanne Fike. (Weissman, Mark)
March 4, 2014 Opinion or Order Filing 216 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions for Fraud on the Court. addressed to Judge John F. Keenan from William C. House dated 03/04/2014. Document filed by Bravia Capital Partners Inc..(House, William)
March 3, 2014 Opinion or Order Filing 215 DECLARATION of HERBERT RUBIN in Support re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD, #31 Exhibit Exhibit EE, #32 Exhibit Exhibit FF, #33 Exhibit Exhibit GG, #34 Exhibit Exhibit HH, #35 Exhibit Exhibit II, #36 Exhibit Exhibit JJ, #37 Exhibit Exhibit KK, #38 Exhibit Exhibit LL, #39 Exhibit Exhibit MM, #40 Exhibit Exhibit NN, #41 Exhibit Exhibit OO)(Rubin, Herbert)
March 3, 2014 Opinion or Order Filing 214 MEMORANDUM OF LAW in Support re: #213 MOTION for Sanctions for Fraud on the Court.. Document filed by Maryanne Fike. (Rubin, Herbert)
March 3, 2014 Opinion or Order Filing 213 MOTION for Sanctions for Fraud on the Court. Document filed by Maryanne Fike.(Rubin, Herbert)
February 19, 2014 Opinion or Order Filing 212 ORDER: granting #211 Letter Motion for Leave to File Excess Pages. The application is granted. (Signed by Judge John F. Keenan on 2/19/2014) (djc)
February 18, 2014 Opinion or Order Filing 211 LETTER MOTION for Leave to File Excess Pages addressed to Judge John F. Keenan from HERBERT RUBIN dated February 18, 2014. Document filed by Maryanne Fike.(Rubin, Herbert)
January 15, 2014 Opinion or Order Filing 210 MEMO ENDORSEMENT on re: #209 Reply to Response to Motion, filed by Bravia Capital Partners Inc. ENDORSEMENT: The instant memorandum endorsement resolves docket Entry No. 205. The Court has considered the plaintiff's January 10, 2014 letter, the defendant's January 13, 2014 responsive letter and the instant letter. Given that the testimony to be captured during the requested deposition de bene esse appears to be central to the plaintiff's defense to the defendant's allegation that the plaintiff perpetuated a fraud upon the court warranting "severe sanctions," including the entry of a judgment by default against the plaintiff, it is reasonable and appropriate to grant the plaintiff's application to take the deposition on February 3, 2014. It is also appropriate to suspend the time for the parties to engage in motion practice germane to the defendant's fraud upon the court allegation, until the deposition has concluded and the transcript is received by the parties, so that it may be used in connection with the motion, if warranted. Therefore, ten days after the transcript is received, the defendant shall make the motion that was previously scheduled to be made on January 14, 2014. Motions terminated: #205 LETTER MOTION for Conference addressed to Judge John F. Keenan from William C. House dated 1-10-2014. filed by Bravia Capital Partners Inc.. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/15/2014) (tn)
January 15, 2014 Opinion or Order Set/Reset Deadlines: Deposition due by 2/3/2014. (tn)
January 14, 2014 Opinion or Order Filing 209 LETTER REPLY to Response to Motion addressed to Magistrate Judge Kevin Nathaniel Fox from William C. House dated January 14, 2014 re: #205 LETTER MOTION for Conference addressed to Judge John F. Keenan from William C. House dated 1-10-2014.. Document filed by Bravia Capital Partners Inc.. (House, William)
January 13, 2014 Opinion or Order Filing 208 ORDER. The Court has received Plaintiff's letter dated January 10, 2014. For the reasons explained in the Court's Order dated November 21, 2013, Plaintiff's request to take a de bene esse deposition is properly directed to Chief Magistrate Judge Fox. The briefing schedule for Defendant's motion for sanctions is suspended, pending resolution of Plaintiff's application before Judge Fox. (Signed by Judge John F. Keenan on 1/13/2014) (rjm)
January 13, 2014 Opinion or Order Filing 207 LETTER RESPONSE in Opposition to Motion addressed to Judge John F. Keenan from HERBERT RUBIN dated January 13, 2014 re: #205 LETTER MOTION for Conference addressed to Judge John F. Keenan from William C. House dated 1-10-2014.. Document filed by Maryanne Fike. (Rubin, Herbert)
January 12, 2014 Opinion or Order Filing 206 LETTER RESPONSE to Motion addressed to Judge John F. Keenan from William C. House dated January 12, 2014 re: #202 LETTER MOTION for Conference re Sealing of Documents addressed to Judge John F. Keenan from HERBERT RUBIN dated January 2, 2014.. Document filed by Bravia Capital Partners Inc.. (House, William)
January 10, 2014 Opinion or Order Filing 205 LETTER MOTION for Conference addressed to Judge John F. Keenan from William C. House dated 1-10-2014. Document filed by Bravia Capital Partners Inc..(House, William)
January 9, 2014 Opinion or Order Filing 204 LETTER RESPONSE in Support of Motion addressed to Judge John F. Keenan from HERBERT RUBIN dated JANUARY 9, 2014 re: #202 LETTER MOTION for Conference re Sealing of Documents addressed to Judge John F. Keenan from HERBERT RUBIN dated January 2, 2014. per January 9, 2014 Order. Document filed by Maryanne Fike. (Rubin, Herbert)
January 8, 2014 Opinion or Order Filing 203 ORDER re: #202 LETTER MOTION for Conference re Sealing of Documents addressed to Judge John F. Keenan from HERBERT RUBIN dated January 2, 2014 filed by Maryanne Fike. By letter dated January 2, 2014, Defendant seeks to file deposition testimony and other documents under seal. The letter does not identify the other documents or explain why they should be kept confidential. Defendant is therefore directed to clarify the nature of these documents and the legal basis for filing them under seal. Defendant should do so by January 10, 2014. Plaintiff shall advise the Court in writing whether it opposes the request by January 13, 2014. The Court does not anticipate the need for a conference. (Signed by Judge John F. Keenan on 1/8/2014) (tro)
January 2, 2014 Opinion or Order Filing 202 LETTER MOTION for Conference re Sealing of Documents addressed to Judge John F. Keenan from HERBERT RUBIN dated January 2, 2014. Document filed by Maryanne Fike.(Rubin, Herbert)
December 17, 2013 Opinion or Order Filing 201 ORDER terminating #199 Letter Motion for Conference re: #200 Response to Motion. The Court has received and reviewed the letters from counsel for both parties. Defendant has until January 14, 2014 to file her moving papers, which may include a memorandum of law of no more than 35 pages. Plaintiff's response is due by January 29, 2014. Defendant's reply, if any, is due by February 6, 2014.SO ORDERED.(Signed by Judge John F. Keenan on 12/17/2013) (ama)
December 17, 2013 Opinion or Order Set/Reset Deadlines: Motions due by 1/14/2014. Responses due by 1/29/2014 Replies due by 2/6/2014. (ama)
December 16, 2013 Opinion or Order Filing 200 LETTER RESPONSE to Motion addressed to Judge John F. Keenan from William C. House dated 12-16-2013 re: #199 LETTER MOTION for Conference Re: Renew Request for Leave to File Motion for Sanctions addressed to Judge John F. Keenan from Herbert Rubin dated December 13, 2013.. Document filed by Bravia Capital Partners Inc.. (House, William)
December 13, 2013 Opinion or Order Filing 199 LETTER MOTION for Conference Re: Renew Request for Leave to File Motion for Sanctions addressed to Judge John F. Keenan from Herbert Rubin dated December 13, 2013. Document filed by Maryanne Fike.(Rubin, Herbert)
November 25, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 11/25/2013. (Midwood, Laura)
November 25, 2013 Opinion or Order Filing 198 ORDER. The oral argument on Plaintiff's motion for summary judgment will be rescheduled after the matters raised in Defendant's letter dated November 18, 2013 are resolved. (Signed by Judge John F. Keenan on 11/25/2013) (rjm)
November 24, 2013 Opinion or Order Filing 197 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Kevin Nathaniel Fox from William C. House dated 11/23/2013 re: #194 EMERGENCY LETTER MOTION for Conference De Benne Esse Deposition and Other Emergency Relief addressed to Magistrate Judge Kevin Nathaniel Fox from HERBERT RUBIN dated 11/21/2013.. Document filed by Bravia Capital Partners Inc.. (House, William)
November 24, 2013 Opinion or Order Filing 196 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Kevin Nathaniel Fox from Mark A. Weissman dated 11/24/2013 re: #194 EMERGENCY LETTER MOTION for Conference De Benne Esse Deposition and Other Emergency Relief addressed to Magistrate Judge Kevin Nathaniel Fox from HERBERT RUBIN dated 11/21/2013. (Response to Bravia's Faxed Letter of November 23, 2013). Document filed by Maryanne Fike. (Weissman, Mark)
November 22, 2013 Opinion or Order Filing 195 ORDER granting in part #189 Letter Motion for Conference; granting in part #189 Letter Motion to Adjourn Conference; granting in part #189 Letter Motion to Reopen Case; granting in part #194 Letter Motion for Conference: the Court has determined to grant the defendant's motion. Counsel for the parties are directed to confer with each other and make arrangements with regard to an appropriate time and place in which to conduct the deposition. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/22/2013) (tn) Modified on 11/22/2013 (tn).
November 21, 2013 Opinion or Order Filing 194 EMERGENCY LETTER MOTION for Conference De Benne Esse Deposition and Other Emergency Relief addressed to Magistrate Judge Kevin Nathaniel Fox from HERBERT RUBIN dated 11/21/2013. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Rubin, Herbert)
November 21, 2013 Opinion or Order Filing 193 ORDER. Defendant's application is properly made before Judge Fox. The parties should therefore direct any further correspondence on this application to him. To the extent Defendant's letter raises broader concerns about potential fraud on the court, those issues are contingent upon Judge Fox's ruling on the de bene esse deposition. (Signed by Judge John F. Keenan on 11/21/2013) (rjm)
November 20, 2013 Opinion or Order Filing 192 DECLARATION of Bharat Bhise in Opposition re: #189 EMERGENCY LETTER MOTION for Conference pre-motion for sanctions addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013.EMERGENCY LETTER MOTION to Adjourn Conference pending de bene esse deposition of nonparty addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013.EMERGENCY LETTER MOTION to Reopen Case addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013.. Document filed by Bravia Capital Partners Inc.. (House, William)
November 20, 2013 Opinion or Order Filing 191 LETTER RESPONSE in Opposition to Motion addressed to Judge John F. Keenan from William C. House dated 11/20/2013 re: #189 EMERGENCY LETTER MOTION for Conference pre-motion for sanctions addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013.EMERGENCY LETTER MOTION to Adjourn Conference pending de bene esse deposition of nonparty addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013.EMERGENCY LETTER MOTION to Reopen Case addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit)(House, William)
November 19, 2013 Opinion or Order Filing 190 ORDER: The oral argument, previously set for November 20, 2013 at 11:30 a.m., has been cancelled. (Signed by Judge John F. Keenan on 11/19/2013) (tn)
November 18, 2013 Opinion or Order Filing 189 EMERGENCY LETTER MOTION for Conference pre-motion for sanctions addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013., EMERGENCY LETTER MOTION to Adjourn Conference pending de bene esse deposition of nonparty addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013., EMERGENCY LETTER MOTION to Reopen Case addressed to Judge John F. Keenan from HERBERT RUBIN dated 11/18/2013. Document filed by Maryanne Fike.(Rubin, Herbert)
October 21, 2013 Opinion or Order Filing 188 ORDER granting #186 Letter Motion for Extension of Time of the 11/6/2013 oral argument. The application is granted. The oral argument is adjourned until 11/20/2013, at 11:30 a.m. (Signed by Judge John F. Keenan on 10/21/2013) (cd)
October 21, 2013 Opinion or Order Set/Reset Hearings: Oral Argument set for 11/20/2013 at 11:30 AM before Judge John F. Keenan. (cd)
October 17, 2013 Opinion or Order Filing 186 CONSENT LETTER MOTION for Extension of Time addressed to Judge John F. Keenan from Maureen Doerner Fogel dated October 16, 2013. Document filed by Maryanne Fike. Return Date set for 11/6/2013 at 09:30 AM.(Fogel, Maureen)
October 16, 2013 Opinion or Order Filing 187 ORDER. The oral argument, set for November 6, 2013, has been rescheduled from 11:00 a.m. to 10:00 a.m. (Oral Argument set for 11/6/2013 at 10:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 10/16/2013) (rjm)
September 23, 2013 Opinion or Order Filing 185 ORDER. The Court has received and reviewed the letters from counsel for both parties dated September 19, 2013. The letters jointly request adjournment of the trial and the oral argument on Plaintiff's motion for partial summary judgment. Counsels' request for an adjournment of the trial is granted. The oral argument scheduled for October 9, 2013 is adjourned until November 6, 2013, at 11:00 a.m. (Oral Argument set for 11/6/2013 at 11:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 9/23/2013) (rjm)
September 20, 2013 Opinion or Order Filing 184 LETTER addressed to Judge John F. Keenan from Maureen Doerner Fogel dated September 19, 2013 re: Due to Mr. House's hospitalization consenting to an adjournment of the trial scheduled for October 23, 2013. Document filed by Maryanne Fike.(Fogel, Maureen)
September 12, 2013 Opinion or Order Filing 183 NOTICE of Hearing: PLEASE BE ADVISED THAT ORAL ARGUMENT HAS BEEN SCHEDULED FOR October 9, 2013 at 12:00 p.m., in Courtroom 20-C 500 Pearl Street. PLEASE NOTIFY OPPOSING COUNSEL AS TO THIS DATE. Respectfully, William Ryan, Clerk to Judge John F. Keenan. (Oral Argument set for 10/9/2013 at 12:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (rjm)
August 27, 2013 Opinion or Order Filing 182 REPLY MEMORANDUM OF LAW in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
August 27, 2013 Opinion or Order Filing 181 DECLARATION of Bharat Bhise in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12)(House, William)
August 27, 2013 Opinion or Order Filing 180 DECLARATION of Fan Gao in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
August 27, 2013 Opinion or Order Filing 179 DECLARATION of YuanFang Yan in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibits 7-19)(House, William)
August 27, 2013 Opinion or Order Filing 178 DECLARATION of Nicholas Santangelo in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibits 1-14, #2 Exhibits 15-20, #3 Exhibits 21-22)(House, William)
August 27, 2013 Opinion or Order Filing 177 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Nicholas Santangelo in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc. (House, William) Modified on 8/27/2013 (db).
August 27, 2013 Opinion or Order Filing 176 NOTICE of of Motion. Document filed by Bravia Capital Partners Inc.. (House, William)
August 21, 2013 Opinion or Order Filing 175 ENDORSED LETTER addressed to Judge John F. Keenan from William C. House dated 8/20/2013 re: Request for a second short extension of plaintiff's time to file and serve its reply. ENDORSEMENT: Plaintiff's time to reply is extended to August 26, 2013. No further extensions will be granted. So ordered. (Replies due by 8/26/2013.) (Signed by Judge John F. Keenan on 8/21/2013) (rjm)
August 14, 2013 Opinion or Order Filing 174 ENDORSED LETTER addressed to Judge John F. Keenan from William C. House dated 8/12/13 re: Counsel for the plaintiff writes to request an extension until 8/21/13 to file and serve its reply to the motion for summary judgment. ENDORSEMENT: Having heard nothing from the Defendant, the Court grants Plaintiff's request. Set Deadlines/Hearing as to #157 FIRST MOTION for Summary Judgment: ( Replies due by 8/21/2013.) (Signed by Judge John F. Keenan on 8/14/2013) (mro)
August 9, 2013 Opinion or Order Filing 173 DECLARATION of Maryanne Fike in Opposition re: #157 FIRST MOTION for Summary Judgment.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Rubin, Herbert)
August 9, 2013 Opinion or Order Filing 172 DECLARATION of Herbert Rubin in Opposition re: #157 FIRST MOTION for Summary Judgment.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Rubin, Herbert)
August 9, 2013 Opinion or Order Filing 171 COUNTER STATEMENT TO #167 Rule 56.1 Statement. Document filed by Maryanne Fike. (Rubin, Herbert)
August 9, 2013 Opinion or Order Filing 170 MEMORANDUM OF LAW in Opposition re: #157 FIRST MOTION for Summary Judgment.. Document filed by Maryanne Fike. (Rubin, Herbert)
July 17, 2013 Opinion or Order Filing 169 ORDER. The Court has reviewed the letters sent today by both parties regarding the filing of Plaintiff's summary judgment motion. The Movant (Plaintiff) has not proceeded in accordance with the schedule set at the conference on June 25, 2013, but offers a lengthy explanation for its failure, which the Court reluctantly accepts. Therefore, the Court accepts Plaintiff's papers, but in light of the delay, grants Defendant's request to extend her time to oppose to August 9, 2013. Plaintiff's reply papers are due August 16, 2013. (Responses due by 8/9/2013. Replies due by 8/16/2013.) (Signed by Judge John F. Keenan on 7/17/2013) (rjm)
July 17, 2013 Opinion or Order Filing 168 ORDER: A conference was held with counsel to the respective parties on July 16, 2013, pursuant to Local Civil Rule 37.2 of this court. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that: any motion pursuant to Fed. R. Civ. P. 37 shall be served and filed on or before July 30, 2013; the response to any such motion shall be served and filed on or before August 13, 2013; and any reply shall be served and filed on or before August 20, 2013. SO ORDERED. (Motions due by 7/30/2013., Responses due by 8/13/2013, Replies due by 8/20/2013.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/17/2013) (rsh)
July 17, 2013 Opinion or Order Filing 167 RULE 56.1 STATEMENT. Document filed by Bravia Capital Partners Inc.. (House, William)
July 17, 2013 Opinion or Order Filing 166 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bravia Capital Partners Inc..(House, William)
July 16, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 7/16/2013. Submitted by Laura M. Midwood (sc)
July 16, 2013 Opinion or Order Filing 165 DECLARATION of Alastair Clifford Duke in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 16, 2013 Opinion or Order Filing 164 DECLARATION of William C. House in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 15, 2013 Opinion or Order Filing 163 MEMORANDUM OF LAW in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 12, 2013 Opinion or Order Filing 162 DECLARATION of Nicholas Santangelo in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 12, 2013 Opinion or Order Filing 161 DECLARATION of Stewart G. Smith in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 12, 2013 Opinion or Order Filing 160 DECLARATION of Alastair Clifford Duke in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 12, 2013 Opinion or Order Filing 159 DECLARATION of Yuanfang Yan in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 12, 2013 Opinion or Order Filing 158 DECLARATION of Bharat Bhis in Support re: #157 FIRST MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (House, William)
July 12, 2013 Opinion or Order Filing 157 FIRST MOTION for Summary Judgment. Document filed by Bravia Capital Partners Inc..(House, William)
July 11, 2013 Opinion or Order Filing 156 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held in the above-captioned action on July 16, 2013, at 2:30 p.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. SO ORDERED. (Telephone Conference set for 7/16/2013 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/11/2013) (rsh)
June 25, 2013 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Interim Pretrial Conference held on 6/25/2013. Plaintiff motion is due by July 12, 2013. Defense response by 7/26/13. Plaintiff reply due 8/2/13. Firm trial date set: October 23, 2013 at 10 a.m. (wr)
April 22, 2013 Opinion or Order Filing 155 MEMORANDUM AND ORDER re: #38 Reply Memorandum of Law in Support of Motion, filed by Maryanne Fike. For the foregoing reasons, Fike's application for attorneys' fees, Docket Entry No. #38 , is granted, in part, and she is awarded $12,526.50. That amount shall be paid by Bravia. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/19/2013) (rsh)
April 9, 2013 Opinion or Order Filing 154 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held on 4/9/2013. The parties did not agree on a negotiated disposition. (ft)
April 8, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held on 4/8/2013. Judges Decision: A settlement conference was convened with the parties, the parties failed to reach a negotiated disposition of the action (js)
March 27, 2013 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Interim Pretrial Conference held on 3/27/2013. Discovery extended to June 14, 2013. Next conference set for June 25, 2013 at 11:00 a.m. (wr)
March 22, 2013 Opinion or Order Filing 153 ORDER: the deposition of Bharat Bhise may be continued by the defendant, for not more than 4 hours, on or before April 12, 2013, and the defendant may inquire into any matter that is relevant to the subject matter of this action; the plaintiff must produce to the defendant, expeditiously, an unredacted copy of the "updated revenue journal,"referenced in the defendant's March 18, 2013 letter, covering the period December 2007 to January 2013; the defendant's February 8, 2013 subpoena to Signature Bank for, inter alia, documents germane to funds transferred between the plaintiff and Hong Kong Express Airways Ltd. and the plaintiff and Hong Kong Airlines Ltd., is limited to the periodApril 2008; the defendant's February 8, 2013 subpoena to Signature Bank for, inter alia, documents germane to transactions between the plaintiff and 747-Freighter Conversions LLC, is limited to the period June 2009 to January 2013; Signature Bank need not respond to that portion of the defendant's February 8, 2013 subpoena seeking, inter alia, documents pertaining to all transactions during the period July 2009 to January 2013, involving 747-Freighter Conversion, LLC, and Israel Aerospace Industries, Ltd., Bedek Aviation Group, etc.; and the defendant may serve a subpoena on Signature Bank for records regarding transactions occurring in December 2007, in the Bravia Capital Partners, LLC, Signature Bank account bearing an account number ending in 9994. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/21/2013) (rsh)
March 19, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 3/19/2013. (ja)
March 18, 2013 Opinion or Order Filing 152 ORDER. Please be advised that the conference scheduled for March 25, 2013 has been rescheduled to March 27, 2013 at 11:00 a.m. in Courtroom 20-C. (Status Conference set for 3/27/2013 at 11:00 AM in Courtroom 20C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 3/18/2013) (rjm) Modified on 3/18/2013 (rjm).
March 13, 2013 Opinion or Order Filing 151 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held in the above-captioned action on March 19, 2013, at 3:30p.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/13/2013) (rsh)
March 13, 2013 Opinion or Order Filing 150 ORDER: On February 26, 2013, plaintiff Bravia Capital Partners, Inc. ("Bravia") submitted a letter to the Court requesting "an informal conference concerning a subpoena recently served by defendant [Maryanne Fike ("Fike")] on Signature Bank...." On February 27, 2013, Fike submitted a letter to the Court responding to Bravia's February 26, 2013 letter. The parties failed to provide the Court with a copy ofthe subpoena referenced in the correspondence. Accordingly, on or before March 21, 2013, Bravia shall submit to the Court a copy of the subpoena referenced in its February 26, 2013letter. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/13/2013) (rsh)
February 11, 2013 Opinion or Order Filing 149 ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held with the parties on April 8, 2013, at 10:30 a.m. The procedures under which the settlement conference will be conducted are being provided to the parties with a copy of this order. ( Settlement Conference set for 4/8/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/11/2013) (djc)
February 6, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 2/6/2013. (cd)
December 17, 2012 Opinion or Order Filing 148 ORDER: Please be advised that the conference scheduled for December 18, 2012 has been rescheduled to March 25, 2013 at 10:30 a.m. in Courtroom 20C. So Ordered (Signed by Judge John F. Keenan on 12/17/2012) (js)
December 13, 2012 Opinion or Order Filing 147 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Mark A. Weissman dated 12/13/2012 re: Joint request to extend discovery to 3/15/2013. ENDORSEMENT: All discovery, of whatever nature, shall be initiated so as to be completed on or before 3/15/2013. A telephonic conference, initiated by counsel to the plaintiff, to be held on 2/6/2013, at 5:15 p.m. ( Discovery due by 3/15/2013. Telephone Conference set for 2/6/2013 at 05:15 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/13/2012) (cd) Modified on 12/18/2012 (cd).
December 12, 2012 Opinion or Order Filing 146 DECLARATION of Herbert Rubin in Opposition re: #144 Memorandum of Law in Opposition to Motion, #138 Declaration in Support, #143 Affidavit in Opposition to Motion., DECLARATION of Herbert Rubin in Support re: #144 Memorandum of Law in Opposition to Motion, #138 Declaration in Support, #143 Affidavit in Opposition to Motion. Document filed by Maryanne Fike. (Rubin, Herbert)
December 12, 2012 Opinion or Order Filing 145 REPLY MEMORANDUM OF LAW in Opposition re: #144 Memorandum of Law in Opposition to Motion, #138 Declaration in Support, #143 Affidavit in Opposition to Motion Plaintiff's Objections to Defendant's Fee Submission., REPLY MEMORANDUM OF LAW in Support of Defendant's Fee Submission. Document filed by Maryanne Fike. (Rubin, Herbert)
December 5, 2012 Opinion or Order Filing 144 SECOND MEMORANDUM OF LAW in Opposition re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Bravia Capital Partners Inc.. (House, William)
December 5, 2012 Opinion or Order Filing 143 AFFIDAVIT of William C. House in Opposition re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Bravia Capital Partners Inc.. (House, William)
December 5, 2012 Opinion or Order Filing 142 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #102 MOTION to Compel Plaintiff to produce documents. Document filed by Bravia Capital Partners Inc. (House, William) Modified on 12/6/2012 (db).
December 3, 2012 Opinion or Order Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 10/23/2012 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)
December 3, 2012 Opinion or Order Filing 140 TRANSCRIPT of Proceedings re: proceedings held on 10/23/2012 before Magistrate Judge Kevin Nathaniel Fox. 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 1/2/2013. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/7/2013.(tro)
November 21, 2012 Opinion or Order Filing 138 DECLARATION of HERBERT RUBIN in Support re: #136 Order, Set Deadlines/Hearings,,,,. Document filed by Maryanne Fike. (Rubin, Herbert)
November 8, 2012 Opinion or Order Filing 139 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from William C. House dated 11/7/2012 re: We jointly ask the Court to extend the schedule set out in the October 24, 2012 Order as follows: Defendant will serve and file competent evidence establishing the reasonable expenses and attorney's fees she incurred in making her recent motion to compel on or before November 21, 2012; plaintiff will serve and file any response on or before December 5, 2012, and defendant will serve and file any reply on or before December 12, 2012. ENDORSEMENT: The above-noted schedule is adopted by the Court and will govern the motion for fees and costs. So ordered. (Motions due by 11/21/2012. Responses due by 12/5/2012. Replies due by 12/12/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/8/2012) (rjm)
October 25, 2012 Opinion or Order Filing 137 ORDER: Please be advised that the conference scheduled for November 1, 2012 has been rescheduled to December 18, 2012 at 10:30 am in Courtroom 20-C at the United States Courthouse, 500 Pearl Street, New York, New York 10007, ( Status Conference set for 12/18/2012 at 10:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 10/25/2012) (ago)
October 24, 2012 Opinion or Order Filing 136 ORDER: Therefore, on or before November 1,2012, the defendant shall serve and file competent evidence establishing the reasonable expenses and attorney's fees she incurred in making the motion to compel. On or before November 14,2012, the plaintiff shall serve and file any response respecting the reasonableness of the expenses and attorney's fees sought by the defendant. Any reply by the defendant shall be served and filed on or before November 21, 2012. SO ORDERED.(Motions due by 11/1/2012., Responses due by 11/14/2012, Replies due by 11/21/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/24/2012) (ama)
October 23, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 10/23/2012. During the telephonic conference the Court resolved the outstanding motions appearing on the docket sheet as Docket Entries Nos. 102, 106, 109, 111 and 113. (cd)
October 18, 2012 Opinion or Order Filing 135 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held in the above-captioned action on October 23,2012, at 5:00 p.m. During the conference, the Court will entertain arguments from the parties on the outstanding discovery motions. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/18/2012) (mt)
October 18, 2012 Opinion or Order Set/Reset Hearings: Telephone Conference set for 10/23/2012 at 05:00 PM before Magistrate Judge Kevin Nathaniel Fox. (mt)
September 12, 2012 Opinion or Order Filing 134 ORDER: Please be advised that the conference scheduled for 9/17/2012 has been rescheduled to 11/1/2012 at 10:30 a.m. in Courtroom 20-C.( Status Conference set for 11/1/2012 at 10:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 9/12/2012) (jfe)
September 12, 2012 Opinion or Order Filing 133 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Mark A, Weissman dated 8/29/2012 re: The parties jointly requests that the Court modify the schedule in this matter to extend discovery until 12/14/12. ENDORSEMENT: The time for the parties to complete their partial discovery activities is enlarged to December 14, 2012. ( Discovery due by 12/14/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/12/2012) (jfe)
August 17, 2012 Opinion or Order Filing 132 NOTICE OF CHANGE OF ADDRESS by William Calvin House on behalf of Bravia Capital Partners Inc.. New Address: William C. House - Attorney at Law, 20 Vesey Street, Suite 1400, New York, New York, US 10007-4218, 212-696-9898. (House, William)
August 16, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney William Calvin House to RE-FILE Document #131 Notice (Other). Use the event type Notice of Change of Address found under the event list Notices. (ldi)
August 16, 2012 Opinion or Order Filing 131 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Change of Address. Document filed by Bravia Capital Partners Inc.. (House, William) Modified on 8/17/2012 (ldi).
July 13, 2012 Opinion or Order Filing 130 ORDER: Please be advised that the conference scheduled for 7/16/12 has been rescheduled to 9/17/12 at 11:30 a.m. in Courtroom 20-C. ( Status Conference set for 9/17/2012 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 7/13/2012) (jfe)
July 5, 2012 Opinion or Order Filing 129 ORDER. On May 15, 2012, plaintiff Bravia Capital Partners, Inc. ("Bravia") was directed to provide the Court, for an in camera review, consistent with the discussion had during the telephonic conference on that date, the redacted "Revenue Journal" excerpts produced to defendant Maryanne Fike ("Fike") previously, as well as the journal excerpts in an unredacted form to enable the Court to determine whether portions of the journal withheld from disclosure to Fike, based on the plaintiff's contention that they are irrelevant, should be disclosed to her....[See Order]... Based upon the Court's in camera review of the documents in controversy, and its consideration of the parties' written submissions regarding Bravia's determination to excise data from the Revenue Journal excerpts prior to surrendering the documents to Fike, the Court is not convinced that the information excised from the journal excerpts is relevant to the parties' respective claims, defenses or counterclaims. Therefore, Fike's request, for an order that the information in the journal excerpts that was withheld from disclosure by Bravia be disclosed to her, is denied. SO ORDERED: (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/5/2012) (bw)
July 3, 2012 Opinion or Order Filing 128 DECLARATION of Mark Weissman in Support re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Maryanne Fike. (Weissman, Mark)
July 3, 2012 Opinion or Order Filing 127 DECLARATION of Maryanne Fike in Support re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rubin, Herbert)
July 3, 2012 Opinion or Order Filing 126 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Maryanne Fike. (Rubin, Herbert)
June 29, 2012 Opinion or Order Filing 125 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Attorney Mark A. Weissman, counsel to Defendant Maryanne Fike, dated June 29, 2012 re: submitted to request until Tuesday, July 3, 2012 to submit Ms. Fike's Reply papers in further support of her discovery motion. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/29/2012) (bw)
June 29, 2012 Opinion or Order Filing 123 REPLY MEMORANDUM OF LAW in Support re: #106 FIRST MOTION for Protective Order.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 28, 2012 Opinion or Order Filing 124 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Attorney Mark A. Weissman dated June 15, 2012 re: This firm represents the Defendant-Counterclaimant, Maryanne Fike, in the above-referenced case. We write, on behalf of both parties who jointly request, pursuant to Rule 16(b) and Local Civil Rule 16.2, that discovery be extended beyond June 20, 2012, when it is scheduled to end. ENDORSEMENT: The time for the parties to complete their pretrial discovery activities is enlarged to September 7, 2012. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/28/2012) (bw)
June 27, 2012 Opinion or Order Filing 122 REPLY AFFIRMATION of William C. House in Support re: #111 FIRST MOTION to Quash Subpoena of Bravia LLC., #109 FIRST MOTION to Quash Subpoena of 747-Freighter Conversion LLC., #113 FIRST MOTION to Quash Subpoena of Signature Bank., #106 FIRST MOTION for Protective Order.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 27, 2012 Opinion or Order Filing 121 REPLY AFFIRMATION of Bharat Bhis in Support re: #106 FIRST MOTION for Protective Order.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 25, 2012 Opinion or Order Filing 120 DECLARATION of William C. House in Opposition re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 25, 2012 Opinion or Order Filing 119 DECLARATION of Fran Mikaloff in Opposition re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Bravia Capital Partners Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-D)(House, William)
June 25, 2012 Opinion or Order Filing 118 DECLARATION of Yuanfang Yan in Opposition re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 25, 2012 Opinion or Order Filing 117 DECLARATION of Bharat Bhis in Opposition re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 20, 2012 Opinion or Order Filing 116 DECLARATION of Herbert Rubin in Opposition re: #109 FIRST MOTION to Quash Subpoena of 747-Freighter Conversion LLC., #111 FIRST MOTION to Quash Subpoena of Bravia LLC., #113 FIRST MOTION to Quash Subpoena of Signature Bank., #106 FIRST MOTION for Protective Order.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Rubin, Herbert)
June 20, 2012 Opinion or Order Filing 115 MEMORANDUM OF LAW in Opposition re: #111 FIRST MOTION to Quash Subpoena of Bravia LLC., #109 FIRST MOTION to Quash Subpoena of 747-Freighter Conversion LLC., #113 FIRST MOTION to Quash Subpoena of Signature Bank., #106 FIRST MOTION for Protective Order.. Document filed by Maryanne Fike. (Rubin, Herbert)
June 8, 2012 Opinion or Order Filing 114 FIRST MEMORANDUM OF LAW in Support re: #113 FIRST MOTION to Quash Subpoena of Signature Bank.. Document filed by BHK Partners 1 Limited. (House, William)
June 8, 2012 Opinion or Order Filing 113 FIRST MOTION to Quash Subpoena of Signature Bank. Document filed by BHK Partners 1 Limited.(House, William)
June 8, 2012 Opinion or Order Filing 112 FIRST MEMORANDUM OF LAW in Support re: #111 FIRST MOTION to Quash Subpoena of Bravia LLC.. Document filed by Bravia LLC. (House, William)
June 8, 2012 Opinion or Order Filing 111 FIRST MOTION to Quash Subpoena of Bravia LLC. Document filed by Bravia LLC.(House, William)
June 8, 2012 Opinion or Order Filing 110 FIRST MEMORANDUM OF LAW in Support re: #109 FIRST MOTION to Quash Subpoena of 747-Freighter Conversion LLC.. Document filed by 747-Freighter Conversion LLC. (House, William)
June 8, 2012 Opinion or Order Filing 109 FIRST MOTION to Quash Subpoena of 747-Freighter Conversion LLC. Document filed by 747-Freighter Conversion LLC.(House, William)
June 8, 2012 Opinion or Order Filing 108 DECLARATION of William C. House in Support re: #106 FIRST MOTION for Protective Order.. Document filed by Bravia Capital Partners Inc.. (House, William)
June 8, 2012 Opinion or Order Filing 107 FIRST MEMORANDUM OF LAW in Support re: #106 FIRST MOTION for Protective Order. Limiting Discovery. Document filed by Bravia Capital Partners Inc.. (House, William)
June 8, 2012 Opinion or Order Filing 106 FIRST MOTION for Protective Order. Document filed by Bravia Capital Partners Inc..(House, William)
June 6, 2012 Opinion or Order Filing 105 DECLARATION of HERBERT RUBIN in Support re: #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Rubin, Herbert)
June 6, 2012 Opinion or Order Filing 104 MEMORANDUM OF LAW in Support re: #103 MOTION to Compel Plaintiff to produce documents (declaration). MOTION to Compel Plaintiff to produce documents (declaration)., #102 MOTION to Compel Plaintiff to produce documents.. Document filed by Maryanne Fike. (Rubin, Herbert)
June 6, 2012 Opinion or Order Filing 103 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Compel Plaintiff to produce documents (declaration). Document filed by Maryanne Fike. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Rubin, Herbert) Modified on 6/7/2012 (db).
June 6, 2012 Opinion or Order Filing 102 MOTION to Compel Plaintiff to produce documents. Document filed by Maryanne Fike.(Rubin, Herbert)
June 5, 2012 Opinion or Order Filing 101 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Mark A. Weissman dated 6/5/2012 re: We have consented to this request, and the parties have stipulated, should Your Honor permit it, to modify the briefing schedule for all upcoming discovery motions. so that all dates are extended one (1) day. Thus, opening papers would be submitted no later than June 6, 2012. Opposing papers would be submitted no later than June 20, 2012. And reply papers would be submitted no later than June 27, 2012. The parties respectfully request that Your Honor grant this ENDORSEMENT: Application granted. The above-noted schedule shall govern the discovery motion practice. ( Motions due by 6/6/2012, Responses due by 6/20/2012, Replies due by 6/27/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/5/2012) (djc)
May 17, 2012 Opinion or Order Filing 100 ENDORSED LETTER addressed to Judge John F. Keenan from Herbert Rubin dated 5/16/2012 re: Counsel request that the conference scheduled for 6/28/12 to a day during or after the week of 7/9/12. ENDORSEMENT: The conference is adjourned to July 16, 2012 at 10:30 a.m. ( Status Conference set for 7/16/2012 at 10:30 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 5/17/2012) (jfe)
May 16, 2012 Opinion or Order Filing 99 ORDER: A conference was held with counsel to the respective parties on May 15, 2012. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that: 1. on or before June 5, 2012, the plaintiff shall serve and file its motion for a protective order; 2. on or before June 19, 2012, the defendant shall serve and file her response to the motion; 3. on or before June 26, 2012, the plaintiff shall serve and file any reply; 4. on or before June 5, 2012, the defendant shall serve and file her motion to compel regarding documents pertinent to the Edogowa Company; 5. on or before June 19, 2012, the plaintiff shall serve and file its response to the motion to compel; and 6. on or before June 26, 2012, any reply shall be served and filed by the defendant. ( Motions due by 6/5/2012., Responses due by 6/19/2012, Replies due by 6/26/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/16/2012) (mro)
May 15, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 5/15/2012. (js)
March 22, 2012 Opinion or Order Filing 98 ORDER: Please be advised that the conference scheduled for June 27, 2012 has been rescheduled to June 28, 2012 at 10:45 a.m. in Courtroom 20-C. SO ORDERED ( Status Conference set for 6/28/2012 at 10:45 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 3/22/2012) (ama)
March 16, 2012 Opinion or Order Filing 97 NOTICE OF APPEARANCE by Mark Adam Weissman on behalf of Maryanne Fike (Weissman, Mark)
March 14, 2012 Opinion or Order Filing 96 ORDER: IT IS HEREBY ORDERED that the plaintiff need not answer the defendant's outstanding interrogatories, as the Court finds that a more practical method of obtaining the information the defendant seeks is to obtain from the plaintiff the documents the defendant has demanded of it and, thereafter, conduct appropriate depositions. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/14/2012) (js)
February 27, 2012 Opinion or Order Filing 95 AFFIDAVIT OF SERVICE of Subpoena served on Signature Bank on February 7, 2012. Service was accepted by Catherine Kennedy, Administration. Document filed by Maryanne Fike. (Fogel, Maureen)
December 15, 2011 Opinion or Order Filing 94 ORDER: IT IS HEREBY ORDERED that a telephonic status conference shall be held in the above-captioned action on March 12, 2012, at 10:30 a.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. ( Telephone Conference set for 3/12/2012 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/15/2011) (mro)
December 6, 2011 Opinion or Order Filing 93 MEMORANDUM OPINION AND ORDER:#101097 For the foregoing reasons, Defendant's fifth and sixth amended counterclaims are dismissed with prejudice. Plaintiff's motion to dismiss the seventh amended counterclaim is denied. SO ORDERED. (Signed by Judge John F. Keenan on 12/06/2011) (ama) Modified on 12/7/2011 (jab).
November 15, 2011 Opinion or Order Filing 92 MEMORANDUM AND OPINION re:#101013 #83 MOTION for Reconsideration re; #82 Order on Motion for Summary Judgment. filed by Bravia Capital Partners Inc. For the foregoing reasons, Plaintiff's motion for reconsideration is denied.(Signed by Judge John F. Keenan on 11/15/2011) (djc) Modified on 11/16/2011 (jab).
November 8, 2011 Opinion or Order Filing 91 CASE MANAGEMENT ORDER: Amended Pleadings due by 12/29/2011. Joinder of Parties due by 12/29/2011. Fact Discovery due by 6/20/2012. Next Conference set for 6/27/2012 at 10:30 AM before Judge John F. Keenan. Discovery supervision will be referred to Magistrate Judge Fox. (Signed by Judge John F. Keenan on 11/8/2011) (pl)
November 8, 2011 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Interim Pretrial Conference held on 11/8/2011. (rjm)
November 3, 2011 Opinion or Order Filing 90 REPLY MEMORANDUM OF LAW in Support re: #87 MOTION to Dismiss Defendant's Amended Fifth, Sixth and Seventh Counterclaims.. Document filed by Bravia Capital Partners Inc.. (House, William)
November 3, 2011 Opinion or Order Filing 89 MEMORANDUM OF LAW in Opposition re: #87 MOTION to Dismiss Defendant's Amended Fifth, Sixth and Seventh Counterclaims.. Document filed by Maryanne Fike. (House, William)
November 3, 2011 Opinion or Order Filing 88 MEMORANDUM OF LAW in Support re: #87 MOTION to Dismiss Defendant's Amended Fifth, Sixth and Seventh Counterclaims.. Document filed by Bravia Capital Partners Inc.. (House, William)
November 3, 2011 Opinion or Order Filing 87 MOTION to Dismiss Defendant's Amended Fifth, Sixth and Seventh Counterclaims. Document filed by Bravia Capital Partners Inc..(House, William)
October 31, 2011 Opinion or Order Filing 86 AFFIDAVIT of Herbert Rubin in Opposition re: #83 MOTION for Reconsideration re; #82 Order on Motion for Summary Judgment,,.. Document filed by Maryanne Fike. (Attachments: #1 Affirmation)(Fogel, Maureen)
October 18, 2011 Opinion or Order Filing 85 MEMORANDUM OF LAW in Support re: #83 MOTION for Reconsideration re; #82 Order on Motion for Summary Judgment,,.. Document filed by Bravia Capital Partners Inc.. (House, William)
October 17, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney William Calvin House to RE-FILE Document #84 MOTION for Reconsideration re; #82 Order on Motion for Summary Judgment, Memorandum of Law. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
October 17, 2011 Opinion or Order Filing 84 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #82 Order on Motion for Summary Judgment, Memorandum of Law. Document filed by Bravia Capital Partners Inc. (House, William) Modified on 10/18/2011 (db).
October 17, 2011 Opinion or Order Filing 83 MOTION for Reconsideration re; #82 Order on Motion for Summary Judgment,,. Document filed by Bravia Capital Partners Inc..(House, William)
October 5, 2011 Opinion or Order Filing 82 OPINION AND ORDER:#100869 granting in part and denying in part #69 Motion for Summary Judgment. For the foregoing reasons, the parties' cross motions for summary judgment are granted in part denied in part. Plaintiff's and Defendant's cross motions for summary judgment to unpaid expenses and stipends are granted. Cross motions for summary judgment on the issue of commissions from the ANA Deal are Denied. The parties are directed to appear before the Court at a status conference on November 8, 2011 at 10:30 a.m. SO ORDERED.(Signed by Judge John F. Keenan on 10/05/2011) (ama) Modified on 10/6/2011 (jab).
October 5, 2011 Opinion or Order Set/Reset Hearings: Status Conference set for 11/8/2011 at 10:30 AM before Judge John F. Keenan. (ama)
May 20, 2011 Opinion or Order Filing 81 MEMORANDUM OF LAW in Support re: #69 CROSS MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 80 DECLARATION of Bharat Bhise in Opposition re: #62 MOTION for Partial Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 79 MEMORANDUM OF LAW in Opposition re: #69 CROSS MOTION for Summary Judgment.. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 78 RULE 56.1 STATEMENT. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 77 DECLARATION of Maryanne Fike in Opposition re: #69 CROSS MOTION for Summary Judgment.. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 76 DECLARATION of Maryanne Fike in Opposition re: #69 CROSS MOTION for Summary Judgment.. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 75 MEMORANDUM OF LAW in Support re: #69 CROSS MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 74 RULE 56.1 STATEMENT. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 73 COUNTER STATEMENT TO Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 72 AFFIDAVIT of Bharat Bhise in Support re: #69 CROSS MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 71 AFFIDAVIT of Yuanfang Yan in Support re: #69 CROSS MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 70 AFFIDAVIT of Fran T. Mikaloff in Support re: #69 CROSS MOTION for Summary Judgment.. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 69 CROSS MOTION for Summary Judgment. Document filed by Bravia Capital Partners Inc..(Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 68 AFFIDAVIT OF SERVICE of Memorandum of Law in Support served on William C. House on May 17, 2010. Service was accepted by Mr. Paris. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 67 AFFIDAVIT OF SERVICE of Notice of Motion, Local Rule 56.1 Statement, Affidavits with accompanying Exhibits served on William C. House on May 17, 2010. Service was accepted by Mr. Paris. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 66 MEMORANDUM OF LAW in Support re: #62 MOTION for Partial Summary Judgment.. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 65 AFFIDAVIT of Herbert Rubin in Support re: #62 MOTION for Partial Summary Judgment.. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 64 AFFIDAVIT of Maryanne Fike in Support re: #62 MOTION for Partial Summary Judgment.. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 63 RULE 56.1 STATEMENT. Document filed by Maryanne Fike. (Fogel, Maureen)
May 20, 2011 Opinion or Order Filing 62 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Fogel, Maureen)
May 12, 2011 Opinion or Order Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Maryanne Fike in Support re: #43 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 12, 2011 Opinion or Order Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Maryanne Fike in Support re: #43 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 12, 2011 Opinion or Order Filing 59 STIPULATION DISCONTINUING 4TH COUNTERCLAIM: IT 1S HEREBY STIPULATED AND AGREED that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the 4th Counterclaim for stipend and reimbursable expenses is hereby discontinued with prejudice in accordance with the settlement agreement of the parties and without costs to either party as against the other. This stipulation pertains solely to discontinuance of the 4th Counterclaim for stipend and expense and does not affect the remainder of the parties' claims/counterclaims may be filed without further' notice with the Clerk of the Court. (Signed by Judge John F. Keenan on 5/12/2011) (jfe)
May 11, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Maureen Doerner Fogel to RE-FILE Document [52,53] Declaration(s) in Support of Motion. ERROR(S): Incomplete Documents. Re-File both of these documents as ONE DOCUMENT. (db)
May 11, 2011 Opinion or Order Filing 58 AFFIDAVIT OF SERVICE of Declaration in Reply to Plaintiff's Answer and in Oppostiion to Cross Motion with Exhibits, Local Rule 56.1 Counter Statement and Reply Memorandum of Law in Support o Motion for Partial Summary Judgement and In Opposition to Cross-Motion served on William C. House on February 28, 2011. Service was accepted by Mr. Paris. Document filed by Maryanne Fike. (Fogel, Maureen)
May 11, 2011 Opinion or Order Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY - BRIEF re: #56 Declaration in Opposition to Motion. Document filed by Bravia Capital Partners Inc.(Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 56 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Bharat Bhis in Opposition re: #43 MOTION for Partial Summary Judgment. Document filed by Bravia Capital Partners Inc. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 55 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #43 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike.(Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 54 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (EXHIBIT) - RULE 56.1 STATEMENT. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Maryanne Fike in Support re: #43 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/12/2011 (db).
May 11, 2011 Opinion or Order Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Maryanne Fike in Support re: #43 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/12/2011 (db).
May 11, 2011 Opinion or Order Filing 51 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #45 Response to Motion. Document filed by Bravia Capital Partners Inc.(Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 50 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RULE 56.1 STATEMENT. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 49 RULE 56.1 STATEMENT. Document filed by Bravia Capital Partners Inc.. (Fogel, Maureen)
May 11, 2011 Opinion or Order Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Bharat Bhise in Opposition re: #43 MOTION for Partial Summary Judgment. Document filed by Bravia Capital Partners Inc. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Yuanfang Yan in Opposition re: #43 MOTION for Partial Summary Judgment.. Document filed by Bravia Capital Partners Inc. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Fran T. Mikaloff in Opposition re: #43 MOTION for Partial Summary Judgment.. Document filed by Bravia Capital Partners Inc. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 45 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #43 MOTION for Partial Summary Judgment. Notice of Cross-Motion. Document filed by Bravia Capital Partners Inc. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 44 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MONTHLY BRIEF re: #43 MOTION for Partial Summary Judgment. Document filed by Maryanne Fike.(Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 11, 2011 Opinion or Order Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 10, 2011 Opinion or Order Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT OF SERVICE of Fike's Reply as to her cross motion to dismiss and response to Bravia's reply in its motion to dismiss the specified counterclaim served on William House on October 28, 2009. Service was accepted by Santiago Paris. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 10, 2011 Opinion or Order Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Notice of Cross-Motion. Document filed by Bravia Capital Partners Inc. (Attachments: #1 Affidavit Affidavit of Bharat Bhise, #2 Affidavit Affidavit of Fran T. Mikaloff, #3 Affidavit Affidavot of Yuanfang, #4 Supplement Local Rule 56.1 Counter-Statement of Material Facts, #5 Supplement Local Rule 56.1 Statement of Material Facts as to Which No Genuine Issue of Dispute Exists)(Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 10, 2011 Opinion or Order Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #14 CROSS MOTION to Dismiss. Defendant-Counterclaimant's Memorandum in Support of the Cross Motion to Dismiss the Declaratory Judgment Complaint and in Opposition to Plaintiff's Motion to Dismiss the Fifth, Sixth, Seventh, Eight, Ninth, and Tenth Counterclaim. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 10, 2011 Opinion or Order Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #14 CROSS MOTION to Dismiss. Fike's Reply As to Her Cross Motion to Dismiss and REsponse to Bravia's Reply in its Motin to Dismiss the Specified CounterClaims. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 10, 2011 Opinion or Order Filing 37 FILING ERROR - DEFICIENT DOCKET ENTRY - BRIEF re: #36 Notice (Other) Memorandum of Law in Support of Defendant's Motion for Partial Summary Judgment. Document filed by Maryanne Fike.(Fogel, Maureen) Modified on 5/20/2011 (ldi).
May 10, 2011 Opinion or Order Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Notice of Motion with Exhibits. Document filed by Maryanne Fike. (Fogel, Maureen) Modified on 5/20/2011 (ldi).
March 1, 2011 Opinion or Order Filing 35 ENDORSED LETTER addressed to Judge John F. Keenan from William House and Herbert Rubin dated 2/22/11 re: Counsel for the parties write jointly to request that Your Honor grant a scheduling modification as follows: Defendant Fike to serve her joint Reply in support of defendant's Motion for Partial Summary Judgment and Answer in Opposition to plaintiff's cross motion for partial summary judgment on or before 2/25/11; Plaintiff Bravia to serve its reply in further support of its cross-motion for summary judgment on or before 3/21/11; Plaintiff will serve a motion a dismiss a portion of Fike's Amended Pleading on 2/28/11. ENDORSEMENT: The application is granted. So ordered. (Signed by Judge John F. Keenan on 3/1/2011) (mro)
January 6, 2011 Opinion or Order Filing 34 ENDORSED LETTER addressed to Judge John F. Keenan from William House and Herbert Rubin dated 1/5/11 re: Request that Defendant Fike serve her joint Reply in support of Defendant's Motion for Partial Summary Judgment and Answer in Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment on or before 1/21/11; and Plaintiff Bravia to serve its Reply in further support of its Cross-motion for Summary Judgment on or before 2/11/11. ENDORSEMENT: The application is granted. (Signed by Judge John F. Keenan on 1/6/11) (cd)
November 29, 2010 Opinion or Order Filing 33 ENDORSED LETTER addressed to Judge John F. Keenan from William House and Herbert Rubin dated 11/23/10 re: The parties write to jointly requests that Your Honor grant a scheduling modification as follows: 1. Plaintiff Bravia to file its Reply to Fike's Amended Answer and Counter- Claims on or before December 17, 2010; 2. Defendant Fike to serve her joint Reply support of Defendants Motion for Partial Summary Judgment and Answer in opposition to Plaintiffs Cross-Motion for Partial Summary Judgment on or before January 4, 2011; and 3. Plaintiff Bravia to serve its Reply in further support of its Cross-Motion for Summary Judgment on or before January 25, 2011. ENDORSEMENT: The application is granted. SO ORDERED. (Signed by Judge John F. Keenan on 11/29/10) (pl)
October 19, 2010 Opinion or Order Filing 32 AMENDED ANSWER to with JURY DEMAND., AMENDED ANSWER to., COUNTERCLAIM against Bravia Capital Partners Inc.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit Affidavit of Service)(Fogel, Maureen)
October 5, 2010 Opinion or Order Filing 31 ENDORSED LETTER addressed to Judge John F. Keenan from William C. House dated 10/4/2010 re: Counsel request that plaintiff's time to respond to defendant's motion for partial summary judgment be extended to 10/7/2010. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge John F. Keenan on 10/5/2010) (jfe)
October 4, 2010 Opinion or Order Filing 30 ENDORSED LETTER addressed to Judge John F. Keenan from Maureen Doerner Fogel dated 10/1/2010 re: Mr. House agreed that defendant could serve the amended pleading by October 8, 2010. ENDORSEMENT: The application is granted. (Signed by Judge John F. Keenan on 10/4/2010) (jpo)
October 1, 2010 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #29 HAS BEEN REJECTED. Note to Attorney Maureen Doerner Fogel : 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)
October 1, 2010 Opinion or Order Filing 29 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to Amend answer and counter-claim. Document filed by Maryanne Fike.(Fogel, Maureen) Modified on 10/5/2010 (db).
September 29, 2010 Opinion or Order Filing 28 ENDORSED LETTER addressed to Judge John F. Keenan from Herbert Rubin dated 9/23/10 re: Defendant's amended answer and counterclaim to be served on or before 9/30. ENDORSEMENT: The application is granted. (Service due by 9/30/2010.) (Signed by Judge John F. Keenan on 9/29/10) (cd)
September 23, 2010 Opinion or Order Filing 27 ENDORSED LETTER addressed to Judge John F. Keenan from William C. House dated 9/22/2010 re: Plaintiff therefore requests that it be provided an opportunity to submit a reply to defendant's response to the cross-motion and that it have until November 24, 2010 to do so. ENDORSEMENT: The application is granted in all respects. (Signed by Judge John F. Keenan on 9/23/2010) (jpo)
August 25, 2010 Opinion or Order Filing 26 ORDER. The Court has received a letter dated August 19, 2010, in which Plaintiff's counsel requests a telephone conference to discuss the propriety of a third-party deposition scheduled by the Defendant as well as defense counsel's response of August 24, 2010. No telephone conference is necessary to resolve this dispute. In the initial conference on October 16, 2009, the Court stayed discovery with respect to six counterclaims subject to Plaintiff's motion to dismiss, and allowed document discovery, but not depositions, to proceed on the remaining four counterclaims. Furthermore, by Opinion and Order of today's date, the Court granted Plaintiff's motion to dismiss all six counterclaims, but gave Defendant leave to replead some claims. The discovery stay shall remain in place for claims that will be repleaded. No depositions relating to any claims may be taken until the relevant counterclaims are repleaded and subsequent motions are decided. Any future discovery disputes should be brought before Magistrate Judge Fox. Defense counsel also requests a briefing schedule on a proposed motion for partial summary judgment. To the extent that the partial summary judgment motion concerns one or all of those four counterclaims not subject to the motion to dismiss, it may proceed. Plaintiff's response is due September 27, 2010, and Defendant's reply is due October 18, 2010. However, counsel are reminded that, in light of the discovery stay, additional discovery pursuant to Rule 56(f) of the Federal Rules of Civil Procedure may be required. (Signed by Judge John F. Keenan on 8/25/10); (djc) Modified on 8/27/2010 (djc).
August 25, 2010 Opinion or Order Filing 25 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 Kevin Nathaniel Fox. (Signed by Judge John F. Keenan on 8/25/10) (djc)
August 25, 2010 Opinion or Order Filing 24 OPINION AND ORDER #99347 re: #14 CROSS MOTION to Dismiss. filed by Maryanne Fike, #11 MOTION to Dismiss the Fifth through Tenth Counterclaims. filed by Bravia Capital Partners Inc. Defendant's motion is denied. As the Fifth, Sixth, and Seventh counterclaims are deficiently pleaded, they are dismissed with leave to amend. The Eighth, Ninth, and Tenth counterclaims are dismissed with prejudice. (Signed by Judge John F. Keenan on 8/25/10) (djc) Modified on 8/26/2010 (ajc).
August 25, 2010 Opinion or Order Set Deadlines/Hearings: Replies due by 10/18/2010. Responses due by 9/27/2010 (djc)
August 12, 2010 Opinion or Order Filing 23 TRANSCRIPT of proceedings held on 7/7/10 before Judge John F. Keenan. (pl)
May 19, 2010 Opinion or Order Filing 22 ENDORSED LETTER addressed to Judge John F. Keenan from Herbert Rubin dated 5/17/2010 re: Therefore, we request permission to manually file the defendants' motion in support of partial summary judgment under seal including defendants' Rule 56.1 Statement, Affidavits of Herbert Rubin and Maryanne Fike, Memorandum of Law and Exhibits. If the Court desires we can file a second set of redacted set of papers with ECF. ENDORSEMENT: Pursuant to section 2 ( A ) of the court's individual Practices, the moving party must appear for a pre-motion conference prior to filing/serving a dispositive motion, The parties may address the Rule 56 motion after the oral argument on the cross motions to dismiss on July 7, 2010. To the extent the Rule 56 motion has been served, the parties are directed to suspend briefing. SO ORDERED. (Signed by Judge John F. Keenan on 5/19/2010) (jmi)
March 30, 2010 Opinion or Order Filing 21 ORDER: Oral Argument set for 7/7/2010 at 10:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 3/30/10) (db)
January 26, 2010 Opinion or Order Filing 20 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....This Order shall take effect when entered and shall be binding upon all counsel and their law firms, the parties, and persons made subject to this Order by its terms. (Signed by Judge John F. Keenan on 1/26/10) (cd)
January 26, 2010 Opinion or Order ***DELETED DOCUMENT. Deleted document number #21 order. The document was incorrectly filed in this case. (cd)
December 10, 2009 Opinion or Order Filing 19 ENDORSED LETTER addressed to Judge John F. Keenan from William C. House dated 12/2/2009 re: Counsel ask the Court to be relieved of agreement and request that the discovery made by plaintiff as to two of the three counterclaim be subject to a confidentiality and protective order. ENDORSEMENT: The parties are directed to appear at a conference to address this issues on December 22, 2009, at 10:30 a.m. So Ordered. (Signed by Judge John F. Keenan on 12/10/2009) (jfe)
October 30, 2009 Opinion or Order Filing 18 REPLY MEMORANDUM OF LAW in Support re: #14 CROSS MOTION to Dismiss.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit 12.14.06 Bravia letter to Fike, #2 Exhibit Bravia Recent Track Record)(Schweidel, Sharon)
October 30, 2009 Opinion or Order Filing 17 MEMORANDUM OF LAW in Opposition re: #14 CROSS MOTION to Dismiss.. Document filed by Bravia Capital Partners Inc.. (House, William)
October 30, 2009 Opinion or Order Filing 16 MEMORANDUM OF LAW in Support re: #14 CROSS MOTION to Dismiss.. Document filed by Maryanne Fike. (Schweidel, Sharon)
October 30, 2009 Opinion or Order Filing 15 AFFIRMATION of Herbert Rubin in Support re: #14 CROSS MOTION to Dismiss.. Document filed by Maryanne Fike. (Attachments: #1 Exhibit 7.2.09 E-mail, #2 Exhibit Bravia Track Record)(Schweidel, Sharon)
October 30, 2009 Opinion or Order Filing 14 CROSS MOTION to Dismiss. Document filed by Maryanne Fike.(Schweidel, Sharon)
October 29, 2009 Opinion or Order Filing 13 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss the Fifth through Tenth Counterclaims.. Document filed by Bravia Capital Partners Inc.. (House, William)
October 29, 2009 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss certificate of service. Document filed by Bravia Capital Partners Inc. (House, William) Modified on 10/30/2009 (db).
October 29, 2009 Opinion or Order Filing 11 MOTION to Dismiss the Fifth through Tenth Counterclaims. Document filed by Bravia Capital Partners Inc.. Responses due by 9/4/2009(House, William)
October 1, 2009 Opinion or Order Filing 10 ENDORSED LETTER addressed to Judge John F. Keenan from William C. House dated 9/30/2009 re: I write as counsel to plaintiff Bravia Capital Partners, Inc. in the case referred to above. I write seeking an extension of time. I therefore now respectfully ask that my time to respond to the cross motion be extended to October 15, 2009. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Responses due by 10/15/2009) (Signed by Judge John F. Keenan on 10/1/2009) (jmi)
August 24, 2009 Opinion or Order Filing 9 CERTIFICATE OF SERVICE of Reply to counterclaims served on Maryanne Fike on 8/21/09. Service was made by Mail. Document filed by Bravia Capital Partners Inc.. (House, William)
August 24, 2009 Opinion or Order Filing 8 FIRST REPLY re: #4 Answer to Complaint, Counterclaim of Maryanne Fike. Document filed by Bravia Capital Partners Inc.. (House, William)
August 24, 2009 Opinion or Order Filing 7 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bravia Capital Partners Inc..(House, William)
August 17, 2009 Opinion or Order Filing 6 ORDER: Please be advise that the conference scheduled for 10/13/2009 has been rescheduled for 10/16/2009 at 09:45 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. SO ORDERED. (Signed by Judge John F. Keenan on 8/17/2009) (tve)
August 13, 2009 Opinion or Order Filing 5 STIPULATION: Plaintiff has received defendant's Answer with Counterclaims and shall accept it as seasonably served as of the date of this stipulation. Defendant shall accept plaintiff's reply to the her counterclaims as seasonably served so long as the reply is served within 10 days after the date of this stipulation. (Signed by Judge John F. Keenan on 8/13/2009) (jfe)
August 12, 2009 Opinion or Order Filing 4 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Bravia Capital Partners Inc.. Document filed by Maryanne Fike.(Schweidel, Sharon)
July 17, 2009 Opinion or Order Filing 3 NOTICE OF A PRETRIAL CONFERENCE: Pretrial Conference set for 10/13/2009 at 10:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 7/17/2009) (jpo)
July 17, 2009 Opinion or Order Filing 2 NOTICE OF APPEARANCE by Sharon Schweidel on behalf of Maryanne Fike (Schweidel, Sharon)
July 16, 2009 Opinion or Order Filing 1 NOTICE OF REMOVAL from State Supreme Court, County of New York. Case Number: 602026-09. (Filing Fee $ 350.00, Receipt Number 694446).Document filed by Maryanne Fike.(ama)
July 16, 2009 Opinion or Order Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)
July 16, 2009 Opinion or Order Case Designated ECF. (ama)

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Search for this case: Bravia Capital Partners Inc. v. Fike
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Plaintiff: Bravia Capital Partners Inc.
Represented By: William Calvin House
Represented By: Jason Moore
Represented By: Maureen Doerner Fogel
Represented By: Mollie C. Nichols
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Petitioner: 747-Freighter Conversion LLC
Represented By: William Calvin House
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Petitioner: Bravia LLC
Represented By: William Calvin House
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Petitioner: BHK Partners 1 Limited
Represented By: William Calvin House
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Defendant: Maryanne Fike
Represented By: Herbert Rubin
Represented By: Maureen Doerner Fogel
Represented By: Mark Adam Weissman
Represented By: Sharon Schweidel
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Not classified by court: Bharat Bhise
Represented By: James L. Brochin
Represented By: Jacob Harris Hupart
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