KB Dissolution Corp. v. Great American Opportunities, Inc.
| KB Dissolution Corp. |
| Great American Opportunities, Inc. and Great American Opportunities,Inc |
| KB Investment Partners, L.P. and Lincolnshire Management, Inc. |
| 1:2009cv08565 |
| October 8, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lewis A Kaplan |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on May 20, 2010. A more recent docket listing may be available from PACER.
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Filing 58
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to #53 Notice of Appeal filed by Great American Opportunities, Inc. USCA Case Number 10-1168. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. Each party has submitted a separate electronically signed counterpart reflecting the negotiated terms of the stipulation. The stipulations are hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 5/19/10. (tp)
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Transmission of USCA Mandate/Order to the District Judge re: #58 USCA Mandate Withdrawing Appeal.(tp)
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Filing 57
STIPULATION AND ORDER OF DISMISSAL; that the within action, and all claims that were or could have been asserted therein, shall be dismissed with prejudice and without costs or fees to any party. (Signed by Judge Lewis A. Kaplan on 5/11/10) (pl)
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Filing 56
LETTER addressed to Judge Lewis A. Kaplan from Christian Carbone dated 4/9/2010 re: Counsel for Plaintiff write in light of the Court's 3/26/2010 Memorandum and Order, granting KBI's motion to dismiss defendant GAO's counterclaims. Counsel currently seek leave for KBI to file a Second Amended Complaint. Document filed by KB Dissolution Corp.(tro)
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Filing 55
LETTER addressed to Judge Lewis A. Kaplan from Thomas M. Wood IV dated 4/12/2010 re: Counsel for Defendant/Counterclaim Plaintiff write in response to a letter to your Honor from Mr. Christian Carbone, counsel for Plaintiff/Counterclaim-Defendant KB Dissolution Corp. KB's request for leave to file a second amended complaint should be denied. Document filed by Great American Opportunities, Inc.(tro)
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Filing 54
MEMORANDUM OPINION: #98830 For the foregoing reasons, KBI is correct in arguing that its previously dismissed first, second and fourth claims for relief no longer are premature and should be resurrected. While amendment of the pleading would accomplish that, I see no need to go through the extra paperwork and delay that would entail. Accordingly, KBIs application is granted to the extent that so much of the March 22, 2010 memorandum and order as dismissed KBIs first, second and fourth claims for relief is vacated. It is denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/14/2010) (tve) Modified on 4/16/2010 (ajc).
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Appeal. (tp)
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Transmission of Notice of Appeal to the District Judge re: #53 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #44 Memorandum of Law in Opposition to Motion filed by Great American Opportunities, Inc., #13 Notice of Appearance filed by Great American Opportunities, Inc., #16 Stipulation and Order, Set Deadlines/Hearings, #1 Complaint filed by KB Dissolution Corp., #50 Declaration in Support of Motion, filed by KB Dissolution Corp., #17 Memorandum of Law in Opposition to Motion filed by KB Dissolution Corp., #29 Memorandum of Law in Support of Motion filed by KB Dissolution Corp., #14 Answer to Complaint, Answer to Third Party Complaint, Counterclaim, filed by Great American Opportunities,Inc, Lincolnshire Management, Inc., KB Investment Partners, L.P., Great American Opportunities, Inc., #3 Stipulation and Order, Set Deadlines/Hearings, #12 Certificate of Service Other, filed by Great American Opportunities, Inc., #46 Declaration in Opposition to Motion, filed by KB Dissolution Corp., #4 Order for Initial Pretrial Conference, #36 Memorandum of Law in Support of Motion filed by KB Dissolution Corp., #6 Notice of Appearance filed by Great American Opportunities, Inc., #42 Answer to Amended Complaint, Counterclaim, filed by Great American Opportunities, Inc., #52 Order on Motion to Dismiss, #49 Reply Memorandum of Law in Support of Motion filed by KB Dissolution Corp., #5 Affidavit of Service Complaints filed by KB Dissolution Corp., #43 Order on Motion to Dismiss, #33 Amended Complaint filed by KB Dissolution Corp., #11 Answer to Complaint, Third Party Complaint, Counterclaim, filed by Great American Opportunities, Inc., #10 Rule 7.1 Corporate Disclosure Statement filed by Great American Opportunities, Inc., #51 Order on Motion to Dismiss, #25 Reply Memorandum of Law in Support of Motion filed by Great American Opportunities, Inc., #47 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #31 Amended Answer to Complaints, Counterclaim, filed by Great American Opportunities, Inc., #7 MOTION to Dismiss filed by Great American Opportunities, Inc., #30 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #18 Declaration in Opposition to Motion, filed by KB Dissolution Corp., #35 Declaration in Support of Motion, filed by KB Dissolution Corp., #26 Certificate of Service Other filed by Great American Opportunities, Inc., #8 Memorandum of Law in Support of Motion filed by Great American Opportunities, Inc., #37 Scheduling Order, #53 Notice of Appeal filed by Great American Opportunities, Inc., #23 Order on Motion to Appear Pro Hac Vice, #34 MOTION to Dismiss Amended Counterclaims. filed by KB Dissolution Corp., #32 Stipulation and Order, #24 Scheduling Order, #39 MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint. filed by Great American Opportunities, Inc., #20 MOTION for Brian M. Boyle to Appear Pro Hac Vice filed by Great American Opportunities,Inc, Great American Opportunities, Inc., #9 Declaration in Support of Motion filed by Great American Opportunities, Inc., #40 Memorandum of Law in Support of Motion filed by Great American Opportunities, Inc., #28 Declaration in Support of Motion, filed by KB Dissolution Corp., #27 MOTION to Dismiss Counterclaims and Third-Party Complaint. filed by KB Dissolution Corp., #41 Declaration in Support of Motion, filed by Great American Opportunities, Inc., #19 MOTION for Thomas M. Wood, IV to Appear Pro Hac Vice. filed by Great American Opportunities,Inc, Great American Opportunities, Inc., #15 Certificate of Service Other filed by Great American Opportunities, Inc., #48 Reply Memorandum of Law in Support of Motion filed by Great American Opportunities, Inc., #2 Rule 7.1 Corporate Disclosure Statement filed by KB Dissolution Corp., #45 Memorandum of Law in Opposition to Motion filed by KB Dissolution Corp., #21 Stipulation and Order, Set Deadlines, #22 Order on Motion to Appear Pro Hac Vice were transmitted to the U.S. Court of Appeals. (tp)
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Filing 53
NOTICE OF APPEAL from #52 Order on Motion to Dismiss. Document filed by Great American Opportunities, Inc. Filing fee $ 455.00, receipt number E 899324. (tp)
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Filing 52
MEMORANDUM AND ORDER: For reasons further set forth in said Order, the motion of KBI, KB Partners and Lincolnshire to dismiss GAO's counterclaim [DI 34] is granted in all respects. ORDER granting #34 Motion to Dismiss. (Signed by Judge Lewis A. Kaplan on 3/26/10) (db)
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Filing 51
MEMORANDUM AND ORDER that for the reasons set forth herein, defendant's motion to dismiss the first through fourth claims for relief in the amended complaint is granted in all respects. As should be apparent from the foregoing, the questions whether plaintiff ever will be entitled to recover all or part of its attorneys' fees and related costs with respect to this action and whether defendant acted in good faith and if not what if anything flows from that both must abide further developments. (Signed by Judge Lewis A. Kaplan on 3/19/10) (dle)
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Filing 50
DECLARATION of Christian D. Carbone in Support re: #34 MOTION to Dismiss Amended Counterclaims.. Document filed by KB Dissolution Corp.. (Attachments: #1 Exhibit A: Schedule 5.14 of Asset Purchase Agreement, #2 Exhibit B: 3/6/08 Letter of Intent Agreement, #3 Exhibit C: 1/29/10 Delaware Chancery Court Memorandum Opinion in Great American Opportunities, Inc. v. Cherrydale Fundraising, LLC, et al.)(Carbone, Christian)
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Filing 49
REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Amended Counterclaims.. Document filed by KB Dissolution Corp.. (Carbone, Christian)
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Filing 48
REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint.. Document filed by Great American Opportunities, Inc.. (Wood, Thomas)
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Filing 47
STIPULATION: Plaintiff's and Counterclaim-Defendants' time to file a Reply Brief in further support of their Motion to Dismiss the Amended Counterclaims is hereby extended to February 26, 2010. Set Deadlines as to #34 MOTION to Dismiss Amended Counterclaims: (Replies due by 2/26/2010.) (Signed by Judge Lewis A. Kaplan on 2/22/10) (db)
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Filing 46
DECLARATION of Christian D. Carbone in Opposition re: #39 MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint.. Document filed by KB Dissolution Corp.. (Attachments: #1 Exhibit A: Asset Purchase Agreement, #2 Exhibit B: Non-Negotiable Promissory Note, #3 Exhibit C: 9/14/09 Letter from Henry Bedford, #4 Exhibit D: 9/30/09 Letter from Christian D. Carbone)(Carbone, Christian)
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Filing 45
MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint.. Document filed by KB Dissolution Corp.. (Carbone, Christian)
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Filing 44
MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss Amended Counterclaims.. Document filed by Great American Opportunities, Inc.. (Wood, Thomas)
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Filing 43
ORDER finding as moot and therefore is denied #27 Motion to Dismiss; finding as moot and therefore is denied #7 Motion to Dismiss.. (Signed by Judge Lewis A. Kaplan on 2/4/10) (cd)
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Filing 42
ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against KB Investment Partners, L.P., Lincolnshire Management, Inc., KB Dissolution Corp.. Document filed by Great American Opportunities, Inc.. Related document: #33 Amended Complaint filed by KB Dissolution Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wood, Thomas)
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Filing 41
DECLARATION of Thomas M. Wood IV in Support re: #39 MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint.. Document filed by Great American Opportunities, Inc.. (Attachments: #1 Exhibit A to Declaration, #2 Exhibit B to Declaration)(Wood, Thomas)
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Filing 40
MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint.. Document filed by Great American Opportunities, Inc.. (Wood, Thomas)
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Filing 39
MOTION to Dismiss Counts I, II, III, and IV of the Amended Complaint. Document filed by Great American Opportunities, Inc..(Wood, Thomas)
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***DELETED DOCUMENT. Deleted document number 38 Endorsed Letter. The document was incorrectly filed in this case. (tve)
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Filing 37
AMENDED CONSENT SCHEDULING ORDER: All discovery due by 6/28/2010. A joint pretrial Order due by 7/12/2010. (Signed by Judge Lewis A. Kaplan on 1/28/2010) (tve)
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Filing 36
MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Amended Counterclaims.. Document filed by KB Dissolution Corp.. (Carbone, Christian)
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Filing 35
DECLARATION of Christian D. Carbone in Support re: #34 MOTION to Dismiss Amended Counterclaims.. Document filed by KB Dissolution Corp.. (Attachments: #1 Exhibit A: Asset Purchase Agreement, #2 Exhibit B: Financial Statements Attached to Schedule 5.6 of Asset Purchase Agreement, #3 Exhibit C: Schedule 5.12 of Asset Purchase Agreement, #4 Exhibit D: Conditions of Employment)(Carbone, Christian)
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Filing 34
MOTION to Dismiss Amended Counterclaims. Document filed by KB Dissolution Corp..(Carbone, Christian)
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Filing 33
AMENDED COMPLAINT amending #1 Complaint against Great American Opportunities, Inc..Document filed by KB Dissolution Corp.. Related document: #1 Complaint filed by KB Dissolution Corp..(rdz) (ama).
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Filing 32
STIPULATION that plaintiff and third party defendants will file a supplemental motion to dismiss the amended counterclaims to ease the burden on the Court on or before 1/26/10. Defendant will file its opposition to the motion to dismiss the counterclaims and third party complaint and the Supplemental Motion to Dismiss the Amended Counterclaims 14 days later. Plaintiff will file a reply brief in further support of their motion to dismiss the counterclaims and third party complaint and the supplemental motion to dismiss the amended counterclaims ten days after filing of the defendant and counterclaim plaintiff's opposition papers. (Signed by Judge Lewis A. Kaplan on 1/21/10) (dle)
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Set/Reset Deadlines: Motions due by 1/26/2010. (dle)
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Filing 31
AMENDED ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against KB Investment Partners, L.P., Lincolnshire Management, Inc., KB Dissolution Corp.. Document filed by Great American Opportunities, Inc.. (Attachments: #1 Exhibit A to Answer, #2 Exhibit B to Answer, #3 Exhibit C to Answer, #4 Exhibit D to Answer)(Wood, Thomas)
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Filing 30
STIPULATION: It is hereby stipulated and agreed by and between the parties that Defendant and Third Party Plaintiff's time to file its opposition to Plaintiff and Third Party Defendants' Motion to Dismiss Counterclaims and Third Party Complaint is hereby extended to January 12, 2010. Plaintiff and Third Party Defendants will file a Reply Brief in further support of their Motion to Dismiss on or before January 27, 2010. (Signed by Judge Lewis A. Kaplan on 12/17/2009) (jpo)
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CASHIERS OFFICE REMARK on #20 Motion to Appear Pro Hac Vice, #19 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 11/30/2009, Receipt Number 707223,707224. (jd)
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Filing 29
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss Counterclaims and Third-Party Complaint.. Document filed by KB Dissolution Corp.. (Carbone, Christian)
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Filing 28
DECLARATION of Christian D. Carbone in Support re: #27 MOTION to Dismiss Counterclaims and Third-Party Complaint.. Document filed by KB Dissolution Corp.. (Attachments: #1 Exhibit A: Asset Purchase Agreement, #2 Exhibit B: Conditions of Employment)(Carbone, Christian)
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Filing 27
MOTION to Dismiss Counterclaims and Third-Party Complaint. Document filed by KB Dissolution Corp..(Carbone, Christian)
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Filing 26
CERTIFICATE OF SERVICE of Reply Memorandum in Support of Defendan's Motion to Dismiss served on KB Dissolution Corp. on December 11, 2009. Service was made by ECF. Document filed by Great American Opportunities, Inc.. (Wood, Thomas)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss. Counts I, II and III of the Complaint. Document filed by Great American Opportunities, Inc.. (Wood, Thomas)
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Transmission to Attorney Admissions Clerk. Transmitted re: #22 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
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Filing 24
CONSENT SCHEDULING ORDER: Amended Pleadings due by 1/20/2010. Joinder of Parties due by 1/20/2010. All Discovery, including any depositions of experts, due by 4/28/2010. Joint Pretrial Order due by 5/5/2010. (Signed by Judge Lewis A. Kaplan on 12/7/09) (tro)
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Filing 23
ORDER granting #19 Motion for Thomas M. Wood, IV to Appear Pro Hac Vice on behalf of Great American Opportunities, Inc. (Signed by Judge Lewis A. Kaplan on 12/7/09) (djc)
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Filing 22
ORDER granting #20 Motion for Brian M. Boyle to Appear Pro Hac Vice on behalf of Defendant and third-party plaintiff Great American Opportunities, Inc. (Signed by Judge Lewis A. Kaplan on 12/7/09) (djc)
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Transmission to Attorney Admissions Clerk. Transmitted re: #23 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
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Filing 21
STIPULATION AND ORDER It is hereby stipulated and agreed by and between Plaintiff KB Dissolution Corp. and Defendant and Third-Party Plaintiff Great American Opportunities, Inc. ("GAO") that the time for GAO to file its reply brief in further support of its Motion to Dismiss is hereby adjourned until December 11, 2009. This Stipulation may be executed in counterparts and by facsimile. SO ORDERED ( Replies due by 12/11/2009.) (Signed by Judge Sidney H. Stein on 12/4/2009 Part I) (jmi) Modified on 12/4/2009 (jmi).
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Filing 20
MOTION for Brian M. Boyle to Appear Pro Hac Vice. Document filed by Great American Opportunities, Inc., Great American Opportunities,Inc.(mbe)
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Filing 19
MOTION for Thomas M. Wood, IV to Appear Pro Hac Vice. Document filed by Great American Opportunities, Inc., Great American Opportunities,Inc.(mbe)
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Filing 18
DECLARATION of Christian D. Carbone in Opposition re: #7 MOTION to Dismiss.. Document filed by KB Dissolution Corp.. (Attachments: #1 Exhibit A: Asset Purchase Agreement (Part One), #2 Exhibit A: (Part Two), #3 Exhibit B: Non-Negotiable Promissory Note, #4 Exhibit C: 9/14/09 Letter from Henry Bedford, #5 Exhibit D: 9/30/09 Letter from Christian D. Carbone)(Carbone, Christian)
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Filing 17
MEMORANDUM OF LAW in Opposition re: #7 MOTION to Dismiss.. Document filed by KB Dissolution Corp.. (Carbone, Christian)
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Filing 16
STIPULATION, plaintiff and third-party defendants shall answer/respond to Defendant and third party plaintiff's answer to count IV of the complaint and counterclaims/third party complaint on or before 12/15/09. ( Response due by 12/15/2009) (Signed by Judge Lewis A. Kaplan on 11/18/09) (cd)
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Filing 15
CERTIFICATE OF SERVICE of Answer, Counterclaim and Third-Party Complaint served on All Counsel on 11-12-09. Service was made by ECF. Document filed by Great American Opportunities, Inc.. (Miller, David)
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Filing 14
ANSWER to Complaint with JURY DEMAND., ANSWER to Third Party Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against KB Investment Partners, L.P., Lincolnshire Management, Inc.., COUNTERCLAIM against KB Dissolution Corp.. Document filed by Great American Opportunities,Inc, KB Investment Partners, L.P., Lincolnshire Management, Inc., Great American Opportunities, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Miller, David)
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Filing 13
NOTICE OF APPEARANCE by Michael C. Rakower on behalf of Great American Opportunities, Inc. (Rakower, Michael)
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Filing 12
CERTIFICATE OF SERVICE of Notices of Appearance (2); Notice of Motion to Dismiss; Memorandum of Law in Support of Motion; Declaration in Support of Motion; Answer and Counterclaims/Third-Party Complaint served on KB Dissolution Corp. on 11-11-09. Service was made by ECF. Document filed by Great American Opportunities, Inc.. (Miller, David)
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - EXHIBITS MISSING FROM FILING - ANSWER to Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against KB Investment Partners, L.P., Lincolnshire Management, Inc.., COUNTERCLAIM against KB Dissolution Corp.. Document filed by Great American Opportunities, Inc..(Miller, David) Modified on 11/12/2009 (kco).
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Southwestern/Great American, Inc. as Corporate Parent. Document filed by Great American Opportunities, Inc..(Miller, David)
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Filing 9
DECLARATION of Thomas M. Wood IV in Support re: #7 MOTION to Dismiss.. Document filed by Great American Opportunities, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Miller, David)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss.. Document filed by Great American Opportunities, Inc.. (Miller, David)
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Filing 7
MOTION to Dismiss. Document filed by Great American Opportunities, Inc..(Miller, David)
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Filing 6
NOTICE OF APPEARANCE by David Emanuel Miller on behalf of Great American Opportunities, Inc. (Miller, David)
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Filing 5
AFFIDAVIT OF SERVICE. Great American Opportunities, Inc. served on 10/8/2009, answer due 11/12/2009. Service was accepted by Gary C. Pears, Corporate Legal Counsel. Document filed by KB Dissolution Corp.. (Carbone, Christian)
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Filing 4
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/18/2009 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 11/5/2009) (jfe)
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Filing 3
STIPULATION EXTENDING TIME TO ANSWER, Great American Opportunities, Inc. answer to complaint due 11/12/2009. (Signed by Judge Lewis A. Kaplan on 10/28/09) (cd)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KB Dissolution Corp.(mro)
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Filing 1
COMPLAINT against Great American Opportunities, Inc. (Filing Fee $ 350.00, Receipt Number 702501)Document filed by KB Dissolution Corp.(mro)
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SUMMONS ISSUED as to Great American Opportunities, Inc. (mro)
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Case Designated ECF. (mro)
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Magistrate Judge Frank Maas is so designated. (mro)
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