Kautz v. Sugarman et al
| James Kautz |
| Nicholas A. Radesca, Robin Josephs, Jay Sugarman, George R. Puskar, John G. McDonald, Robert W. Holman, Jr., Catherine D. Rice, Timothy J. O'Connor, Glenn August, Jeffrey A. Weber and Dale Anne Reiss |
| iStar Financial Inc. |
| 1:2010cv03478 |
| April 26, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J Sullivan |
| Stockholders Suits |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 13, 2012. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 48 Costs Taxed as to #47 USCA Mandate, USCA Case Number 11-1767-cv. in the amount of $371.70. Docketed as Judgment #12,0050 on 1/13/2012 in favor of Appellees Sugarman et al against Appellant James Kautz. (nd) |
| Filing 47 MANDATE of USCA (Certified Copy) as to #46 Notice of Appeal filed by James Kautz USCA Case Number 11-1767-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/12/2012. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #47 USCA Mandate,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #46 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #46 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #41 Order on Motion to Appear Pro Hac Vice, #40 MOTION for Kevin M. Henley to Appear Pro Hac Vice. filed by Jay Sugarman, #31 Amended Complaint, filed by James Kautz, #46 Notice of Appeal filed by James Kautz, #27 MOTION for David H. Kistenbroker to Appear Pro Hac Vice. filed by iStar Financial Inc., #19 Notice of Appearance, filed by Nicholas A. Radesca, Timothy J. O'Connor, Jeffrey A. Weber, Catherine D. Rice, John G. McDonald, George R. Puskar, Dale Anne Reiss, Robert W. Holman, Jr., Glenn August, Jay Sugarman, Robin Josephs, #6 Waiver of Service Executed filed by James Kautz, #29 Order on Motion to Appear Pro Hac Vice, #11 Waiver of Service Executed filed by James Kautz, #4 Order, Set Deadlines/Hearings,,,, #13 Waiver of Service Executed filed by James Kautz, #12 Waiver of Service Executed filed by James Kautz, #8 Waiver of Service Executed filed by James Kautz, #2 Notice of Case Assignment/Reassignment, #43 Order on Motion to Appear Pro Hac Vice, #3 Order, #22 Rule 7.1 Corporate Disclosure Statement filed by iStar Financial Inc., #15 Waiver of Service Executed filed by James Kautz, #17 Notice of Appearance, filed by Nicholas A. Radesca, Timothy J. O'Connor, Jeffrey A. Weber, John G. McDonald, Catherine D. Rice, George R. Puskar, Dale Anne Reiss, Robert W. Holman, Jr., Glenn August, Robin Josephs, Jay Sugarman, #1 Complaint, filed by James Kautz, #36 MOTION to Dismiss Plaintiff's Verified Amended Shareholder Derivative Complaint. filed by iStar Financial Inc., #33 Order, Set Deadlines,,,,,, #45 Memorandum & Opinion,,, #24 Notice of Appearance filed by iStar Financial Inc., #28 Order on Motion to Appear Pro Hac Vice, #34 MOTION to Dismiss NOTICE OF MOTION OF THE INDIVIDUAL DEFENDANTS TO DISMISS THE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT. filed by Nicholas A. Radesca, Timothy J. O'Connor, Jeffrey A. Weber, John G. McDonald, Catherine D. Rice, George R. Puskar, Dale Anne Reiss, Robert W. Holman, Jr., Glenn August, Robin Josephs, Jay Sugarman, #25 MOTION for Pamela G. Smith to Appear Pro Hac Vice. filed by iStar Financial Inc., #39 Memorandum of Law in Opposition to Motion, filed by James Kautz, #20 Order, Set Deadlines/Hearings,,,, #26 MOTION for Alyx S. Pattison to Appear Pro Hac Vice. filed by iStar Financial Inc., #10 Waiver of Service Executed filed by James Kautz, #7 Waiver of Service Executed filed by James Kautz, #5 Waiver of Service Executed filed by James Kautz, #9 Waiver of Service Executed filed by James Kautz, #16 Waiver of Service Executed filed by James Kautz, #42 MOTION for Aharon S. Kaye to Appear Pro Hac Vice. filed by iStar Financial Inc., #35 Memorandum of Law in Support of Motion,, filed by Nicholas A. Radesca, Timothy J. O'Connor, Jeffrey A. Weber, John G. McDonald, Catherine D. Rice, iStar Financial Inc., George R. Puskar, Dale Anne Reiss, Robert W. Holman, Jr., Glenn August, Robin Josephs, Jay Sugarman, #21 Notice of Appearance filed by James Kautz, #18 Endorsed Letter, Set Deadlines/Hearings,,,, #14 Waiver of Service Executed filed by James Kautz, #37 Notice (Other) filed by iStar Financial Inc., #23 Notice of Appearance filed by iStar Financial Inc., #32 Order,, #30 Order on Motion to Appear Pro Hac Vice, #44 Reply Memorandum of Law in Support of Motion,, filed by Nicholas A. Radesca, Timothy J. O'Connor, Jeffrey A. Weber, John G. McDonald, Catherine D. Rice, George R. Puskar, Dale Anne Reiss, Robert W. Holman, Jr., Glenn August, Robin Josephs, Jay Sugarman were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 46 NOTICE OF APPEAL from #45 Opinion & Order. Document filed by James Kautz. Filing fee $ 455.00, receipt number 465401005460. (nd) |
Filing 45
OPINION AND ORDER: For the reasons stated above, (1) Defendants' motions to dismiss the Vancil Complaint are HEREBY DENIED pending limited discovery on the reasonableness of the Board's investigation; and (2) Defendants' motions to dismiss the Kautz Complaint are HEREBY GRANTED. The Vancil parties shall (1) submit a joint letter regarding the scope of contemplated discovery in accordance with this ruling no later than April 18, 2011; and (2) appear at a status conference on April 29, 2011, at 3:00 p.m. The Clerk of the Court is respectfully directed to terminate the motions located at Doc. Nos. 18 and 19 on Vancil v. Sugarman (No. 10 Civ. 4312) and Doc. Nos. 34 and 36 on Kautz v. Sugarman (No. 10 Civ. 3478) and to terminate the Kautz v. Sugarman case. (Signed by Judge Richard J. Sullivan on 3/31/2011) (jfe)
|
| CASHIERS OFFICE REMARK on #42 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/30/2010, Receipt Number 916478. (jd) |
| Filing 44 REPLY MEMORANDUM OF LAW in Support re: #36 MOTION to Dismiss Plaintiff's Verified Amended Shareholder Derivative Complaint., #34 MOTION to Dismiss NOTICE OF MOTION OF THE INDIVIDUAL DEFENDANTS TO DISMISS THE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT. JOINT REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTIONS TO DISMISS THE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT. Document filed by Glenn August, Robert W. Holman, Jr, Robin Josephs, John G. McDonald, Timothy J. O'Connor, George R. Puskar, Nicholas A. Radesca, Dale Anne Reiss, Catherine D. Rice, Jay Sugarman, Jeffrey A. Weber. (Schreiber, Scott) |
|
Filing 43
ORDER granting #42 Motion for Aharon S. Kaye to Appear Pro Hac Vice. So Ordered. (Signed by Judge Richard J. Sullivan on 10/5/2010) (js)
|
| Filing 42 MOTION for Aharon S. Kaye to Appear Pro Hac Vice. Document filed by iStar Financial Inc..(mbe) |
| CASHIERS OFFICE REMARK on #40 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/22/2010, Receipt Number 915684. (jd) |
|
Filing 41
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Kevin M. Henley is admitted to practice pro hac vice as counsel for Defendants Jay Sugarman, et al. in the above captioned case in the United States District Court for the Southern District of New York. granting #40 Motion for Kevin M. Henley to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 9/20/10) (rjm)
|
| Filing 40 MOTION for Kevin M. Henley to Appear Pro Hac Vice. Document filed by Jay Sugarman.(mbe) |
| Filing 39 MEMORANDUM OF LAW in Opposition re: #36 MOTION to Dismiss Plaintiff's Verified Amended Shareholder Derivative Complaint., #34 MOTION to Dismiss NOTICE OF MOTION OF THE INDIVIDUAL DEFENDANTS TO DISMISS THE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT.. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 38 TRANSCRIPT of proceedings held on 7/16/2010 before Judge Richard J. Sullivan. (ajc) |
| Filing 37 NOTICE of Motion re: #36 MOTION to Dismiss Plaintiff's Verified Amended Shareholder Derivative Complaint.. Document filed by iStar Financial Inc.. (Smith, Pamela) |
| Filing 36 MOTION to Dismiss Plaintiff's Verified Amended Shareholder Derivative Complaint. Document filed by iStar Financial Inc..(Smith, Pamela) |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss NOTICE OF MOTION OF THE INDIVIDUAL DEFENDANTS TO DISMISS THE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT. JOINT MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTIONS TO DISMISSTHE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT. Document filed by Glenn August, Robert W. Holman, Jr, Robin Josephs, John G. McDonald, Timothy J. O'Connor, George R. Puskar, Nicholas A. Radesca, Dale Anne Reiss, Catherine D. Rice, Jay Sugarman, Jeffrey A. Weber, iStar Financial Inc.. (Attachments: #1 Exhibit A, #2 Complaint Part 1, #3 Complaint Part 2, #4 Complaint Part 3)(Schreiber, Scott) |
| Filing 34 MOTION to Dismiss NOTICE OF MOTION OF THE INDIVIDUAL DEFENDANTS TO DISMISS THE AMENDED SHAREHOLDER DERIVATIVE COMPLAINT. Document filed by Glenn August, Robert W. Holman, Jr, Robin Josephs, John G. McDonald, Timothy J. O'Connor, George R. Puskar, Nicholas A. Radesca, Dale Anne Reiss, Catherine D. Rice, Jay Sugarman, Jeffrey A. Weber.(Schreiber, Scott) |
|
Filing 33
ORDER: The parties appeared before the Court for a telephone conference on 7/16/2010, at which time the Court adopted the following schedule for Defendants' motions to dismiss in each of the above captioned cases: 8/13/2010: Opening memorandum, jointly file by the nominal and individual defendants, not to exceed thirty-five pages; 9/22/2010: Opposition memorandum, not to exceed thirty-five pages; 10/6/2010: Reply memorandum, jointly filed by the nominal and individual defendants, not to exceed twelve pages. Notwithstanding the extensions in page length granted above, the Court will ask the parties to endeavor to be concise as possible in preparing their memoranda. The parties shall also consult Sections 2.B and 2.H of my individual practices, which govern the formatting of memoranda and page limits for affidavits and exhibits. (Signed by Judge Richard J. Sullivan on 7/16/2010) (tro)
|
|
Filing 32
ORDER. The Court is in receipt of four pre-motion letters dated July 8, 2010, in the above-captioned related cases. In each case, both the individual defendants and the nominal defendant propose a motion to dismiss focusing on Plaintiff's noncompliance with the Maryland demand requirement. In accordance with my individual practices, Plaintiffs shall submit responsive letters no later than July 13, 2010. The parties shall thereafter appear for a telephone conference on July 16, 2010, at 11:00 a.m., to discuss the coordination of briefing in these matters. The parties shall gather on one line and contact chambers at (212) 805-0264 when all are present. Relates to 10-3478, 10-4312. (Signed by Judge Richard J. Sullivan on 7/9/10) (rjm)
|
| Set Deadlines/Hearings: Responses due by 7/13/2010 Telephone Conference set for 7/16/2010 at 11:00 AM before Judge Richard J. Sullivan. (rjm) |
| Filing 31 AMENDED COMPLAINT amending #1 Complaint, against John G. McDonald, George R. Puskar, Dale Anne Reiss, Jeffrey A. Weber, Nicholas A. Radesca, Catherine D. Rice, Timothy J. O'Connor, iStar Financial Inc., Jay Sugarman, Glenn August, Robert W. Holman, Jr, Robin Josephs.Document filed by James Kautz. Related document: #1 Complaint, filed by James Kautz. (Attachments: #1 part 2)(mbe) |
| CASHIERS OFFICE REMARK on #27 Motion to Appear Pro Hac Vice, #25 Motion to Appear Pro Hac Vice, #26 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 06/16/2010, Receipt Number 906677. (jd) |
|
Filing 30
ORDER: granting #27 Motion for David H. Kistenbroker to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 6/22/2010) (jfe)
|
|
Filing 29
ORDER: granting #25 Motion for Pamela G. Smith to Appear Pro Hac Vice. So Ordered. (Signed by Judge Richard J. Sullivan on 6/21/2010) (jfe)
|
|
Filing 28
ORDER: granting #26 Motion for Alyx S. Pattison to Appear Pro Hac Vice. So Ordered. (Signed by Judge Richard J. Sullivan on 6/21/2010) (jfe)
|
| Filing 27 MOTION for David H. Kistenbroker to Appear Pro Hac Vice. Document filed by iStar Financial Inc.(mro) |
| Filing 26 MOTION for Alyx S. Pattison to Appear Pro Hac Vice. Document filed by iStar Financial Inc.(mro) |
| Filing 25 MOTION for Pamela G. Smith to Appear Pro Hac Vice. Document filed by iStar Financial Inc.(mro) |
| Filing 24 NOTICE OF APPEARANCE by Cameron Balahan on behalf of iStar Financial Inc. (Balahan, Cameron) |
| Filing 23 NOTICE OF APPEARANCE by Matthew David Parrott on behalf of iStar Financial Inc. (Parrott, Matthew) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by iStar Financial Inc..(Parrott, Matthew) |
| Filing 21 NOTICE OF APPEARANCE by Jeffrey Michael Norton on behalf of James Kautz (Norton, Jeffrey) |
|
Filing 20
ORDER: It is hereby ordered that Plaintiff shall file its amended Complaint by June 28, 2010. By July 8, 2010, Defendants shall submit a letter indicating whether they still wish to make a motion to dismiss. In the event that Defendants wish to make a motion to dismiss, the letter shall propose a briefing schedule agreeable to all parties. In the event that Defendants intend to answer, they shall propose a date by which they shall do so that is agreeable to all parties. IT IS FURTHER ORDERED that counsel Jefrrey Norton shall file a notice of appearance on ECF forthwith. (Signed by Judge Richard J. Sullivan on 5/28/2010) (jpo)
|
| Filing 19 NOTICE OF APPEARANCE by Scott B. Schreiber on behalf of John G. McDonald, George R. Puskar, Dale Anne Reiss, Jeffrey A. Weber, Nicholas A. Radesca, Catherine D. Rice, Timothy J. O'Connor, Jay Sugarman, Glenn August, Robert W. Holman, Jr, Robin Josephs (Schreiber, Scott) |
|
Filing 18
ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Scott B. Schreiber dated 5/19/2010 re: Counsel for defendant request that the court's May 17, 2010, order be modified to extend the date by which the individual defendants shall submit a pre-motion letter from Thursday, May 20, 2010 to and until Monday May 24, 2010. ENDORSEMENT: The request is granted. Plaintiffs' response to the individual defendants' letter shall be due May 26, 2010. So Ordered. (Signed by Judge Richard J. Sullivan on 5/19/2010) (js)
|
| Filing 17 NOTICE OF APPEARANCE by Veronica Ellen Rendon on behalf of John G. McDonald, George R. Puskar, Dale Anne Reiss, Jeffrey A. Weber, Nicholas A. Radesca, Catherine D. Rice, Timothy J. O'Connor, Jay Sugarman, Glenn August, Robert W. Holman, Jr, Robin Josephs (Rendon, Veronica) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Nicholas A. Radesca waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Jeffrey A. Weber waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. George R. Puskar waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Catherine D. Rice waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. iStar Financial Inc. waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Dale Anne Reiss waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. John G. McDonald waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Timothy J. O'Connor waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Jay Sugarman waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Glenn August waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Robert W. Holman, Jr waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Robin Josephs waiver sent on 5/5/2010, answer due 7/6/2010. Document filed by James Kautz. (Norton, Jeffrey) |
|
Filing 4
ORDER: The parties to the above-captioned actions are HEREBY ORDERED to appear for a status conference on May 28, 2010, at 4:30 p.m, at which time the Court will hear from the parties regarding (1) the discovery schedule in the Citiline action and (2) the contemplated motion to dismiss the Kautz action. Accordingly, the Kautz defendants shall submit a pre-motion letter conforming to my individual practices by May 20, 2010, and the Kautz plaintiffs shall submit a letter in response by May 25, 2010. (Signed by Judge Richard J. Sullivan on 5/14/2010) (jfe)
|
| Set Deadlines/Hearings: Status Report due by 5/25/2010. Status Conference set for 5/28/2010 at 04:30 PM before Judge Richard J. Sullivan. (jfe) |
|
Filing 3
ORDER: It is hereby ordered that by May 14, 2010 the parties to the above captioned actions shall submit a joint proposed case management plan pertaining to both cases. (Signed by Judge Richard J. Sullivan on 5/5/2010) (jpo)
|
| Filing 2 NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (jnm) |
| Magistrate Judge Frank Maas is so designated. (jnm) |
| CASE ACCEPTED AS RELATED. Create association to 1:08-cv-03612-RJS. Notice of Assignment to follow. (jnm) |
| Filing 1 COMPLAINT against John G. McDonald, George R. Puskar, Dale Anne Reiss, Jeffrey A. Weber, Nicholas A. Radesca, Catherine D. Rice, Timothy J. O'Connor, iStar Financial Inc., Jay Sugarman, Glenn August, Robert W. Holman, Jr, Robin Josephs. (Filing Fee $ 350.00, Receipt Number 901648)Document filed by James Kautz.(ama) |
| SUMMONS ISSUED as to John G. McDonald, George R. Puskar, Dale Anne Reiss, Jeffrey A. Weber, Nicholas A. Radesca, Catherine D. Rice, Timothy J. O'Connor, iStar Financial Inc., Jay Sugarman, Glenn August, Robert W. Holman, Jr, Robin Josephs. (ama) |
| Case Designated ECF. (ama) |
| CASE REFERRED TO Judge Richard J. Sullivan as possibly Related to 1:08-cv-3612. (ama) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
