Kriss et al v. BayRock Group LLC et al
| Jody Kriss, Michael Ejekam, BayRock Spring Street LLC and BayRock Whitestone LLC |
| BayRock Group LLC, Tevfik Arif, Julius Schwarz, Felix Satter, Brian Halberg, Salvatore Lauria, Alex Salomon, Jerry Weinrich, Salomon & Company PC, Akerman Senterfitt LLP, Martin Domb, Craig Brown, Duval & Stachenfeld LLP, Bruce Stachenfeld, David Granin, Nixon Peabody LLP, Adam Gilbert, Roberts & Holland LLP, Elliot Pisem, Michael Samuel, Mel Dogan, BayRock Spring Street LLC, John Does 1-100, BayRock Whitestone LLC, BayRock Camelback LLC, BayRock Merrimac LLC, BayRock Group Inc. and National Union Fire Insurance Co. of Pittsburgh, PA |
| 1:2010cv03959 |
| May 10, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Naomi Reice Buchwald |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| Plaintiff |
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Filing
533
OPINION AND ORDER re: 509 AMENDED MOTION to Dismiss Counterclaim of Defendant Felix Satter (aka Felix Sater). filed by Michael Chu'Di Ejekam, Jody Kriss, 489 FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter. filed by Michael Chu'Di Ejekam, Jody Kriss. For the foregoing reasons, Plaintiffs Jod y Kriss and Michael Chu'di Ejekam's motion to dismiss Defendant Felix Satter's counterclaim is GRANTED. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 489 and 509. Party Felix Satter and Felix Satter terminated. (Signed by Judge Lorna G. Schofield on 9/12/2017) (kgo) Modified on 9/12/2017 (kgo).
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Filing
523
OPINION AND ORDER: For the foregoing reasons, Defendants Elliot Pisem, Roberts & Holland LLP Mel Dogan's motions for reconsideration are GRANTED. Defendants Felix Satter, Alex Salamon, Jerry Weinreich and Solomon & Co., P.C.'s motions for r econsideration are DENIED. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 444, 446, 448 and 450. So Ordered re: 448 MOTION for Reconsideration re; 439 Memorandum & Opinion 450 MOTION for Reconsideration re; 439 Memorandum & Opinion 444 MOTION for Reconsideration re; 439 Memorandum & Opinion 446 MOTION for Reconsideration. (Signed by Judge Lorna G. Schofield on 5/8/2017) (js)
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Filing
439
ORDER AND OPINION re: 330 JOINT MOTION to Dismiss the Third Amended Complaint. filed by Bayrock Ocean Club LLC, Tevfik Arif, Elliot Pisem, Felix Satter, Salomon & Co., P.C., Roberts & Holland LLP, BayRock Group LLC, BayRock Spring Street LLC, Jerry Weinreich, Salvatore Lauria, BayRock Camelback LLC, Alex Salomon, BayRock Merrimac LLC, Julius Schwarz, BayRock Whitestone LLC, Mel Dogan.All other arguments in the parties' submissions related to this motion have been considered and determined to lack merit. For the foregoing reasons, Defendants' motion to dismiss is GRANTED with respect to the following herein. The motion is DENIED as to all other claims. For clarity the surviving claims and De fendants are as follows: Plaintiffs' substantive RICO claims as to Defendants Tevfik Arif, Felix Satter, Julius Schwarz, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street, LLC; Plaintiffs' RICO conspiracy claims as to Defendants Tevfik Arif, Felix Satter, Julius Schwarz, Alex Salomon, Jerry Weinreich, Salomon & Co.; Plaintiffs' fraudulent inducement claims, which are asserted against Defendants Bayrock Group LL C, Tevfik Arif, Felix Satter, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street, LLC; Plaintiffs' breach of contract claims, which are asserted against Defendants Bayrock Group LL C, Tevfik Arif, Felix Satter, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street, LLC; Plaintiffs' breach of fiduciary duty and aiding and abetting breach of fiduciary duty claims, which are asserted against Defendants Tevfik Arif, Felix Satter, Julius Schwarz, Bayrock Group LLC, Alex Salomon, Jerry Weinreich, Salomon & Co., Mel Dogan, Elliot Pisem, Roberts & Holland LLP; and Plaintiffs' alter ego/corporate veil piercing claims, which are asserted against Defendants Tevfik Arif, Felix Satter, Julius Schwarz. The Clerk of Court is directed to close the motion at Dkt. No. 330. (Signed by Judge Lorna G. Schofield on 12/2/2016) (kgo)
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Filing
269
OPINION AND ORDER re: 256 MOTION to Dismiss First Amended Complaint dated 10/18/2013. filed by BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Camelback LLC, BayRock Whitestone LLC, 147 MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. filed by Frederick Oberlander.For the foregoing reasons, the Order is VACATED. No later than February 22, 2016, the parties shall file simultaneous briefs, not to exceed 25 page s, to show cause why an order should not be issued forbidding Frederick Oberlander and Richard Lerner from filing any action in federal court that appends any of the Bayrock Documents or relies on information from the Bayrock Documents, and from filing any action in state court without appending the order restricting the filing in federal court. Each party shall file a 15-page response no later than March 7, 2016. The opening briefs shall include a detailed factual recitation supported by citations, including a description of the proceedings, findings and appeals in and from all relevant actions including those in the Eastern District of New York and the Second Circuit Court of Appeals. Apart from the April 30, 2015, Order which is addressed herein, this Order shall not affect the prior order of any court restraining the possession or dissemination of the Bayrock Documents, and shall not be interepreted or deemed to do so without an explicit ruling from a court with authority to issue such a ruling. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/1/2016) (kgo)
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Filing
198
OPINION AND ORDER re: 178 Report and Recommendations. For the foregoing reasons, the Report is ADOPTED in its entirety. Plaintiffs' application for leave to amend the FAC is granted. No later than November 23, 2015, Plaintiffs shall (i) file on ECF the SAC, redacting the agreed upon language in paragraphs 100, 248(b) and 248(d); and (ii) file an unredacted version of the SAC under seal. Plaintiffs shall serve the SAC promptly on each of the Defendants. The application to require a formal motion for leave to amend is denied. The application for attorneys' fees as a sanction for the delays in the filing of the Complaint is denied without prejudice and may be renewed, if appropriate, after discovery is complete. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/9/2015) (kgo)
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