Universitas Education, LLC v. Nova Group, Inc.
Petitioner: Universitas Education, LLC
Respondent: Nova Group, Inc.
Case Number: 1:2011cv01590
Filed: March 8, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Laura Taylor Swain
Nature of Suit: Insurance
Cause of Action: 28:1441
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
March 1, 2021 Opinion or Order Filing 701 ORDER terminating 700 Motion for Reconsideration re 700 MOTION for Reconsideration re; 41 Clerk's Judgment, filed by Daniel E Carpenter. It is hereby ORDERED, that the above-referenced motions (docket entry nos. 700 in 11- CV1590, and 424 in 11-CV-8726) are hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further OR DERED, that no response to the motions is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accorda nce with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. Furthermore, the Court directs the parties' attention to S.D.N.Y. Local Civil Rules 6.1(b), 7.2, and 12.1. The Clerk of Court is respectfully directed to enter a copy of this order in 11-CV1590 and 11-CV-8726. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/1/2021) (va)
February 23, 2021 Opinion or Order Filing 699 ORDER: terminating (678) Motion to Set Aside Judgment in case 1:11-cv-01590-LTS-HBP; terminating (407) Motion to Set Aside Judgment in case 1:11-cv-08726-LTS-HBP. In light of Grist Mill Capital's letter withdrawing its motions filed pursuant t o Fed. R. Civ. P. 60(b) (11-CV-1590 Docket Entry No. 695; 11-CV-8726 Docket Entry No. 418), the Clerk of Court is respectfully directed to resolve docket entry number 678 in 11-CV-1590 and docket entry number 407 in 11-CV-8726, and file a copy of this order in both cases. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/23/2021) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP (ama)
November 18, 2020 Opinion or Order Filing 666 ORDER: The Court has received Daniel Carpenter's "Motion to Vacate Turnover Judgement Pursuant to Rule 60(b)(4)." (Docket Entry No. 665.) Plaintiff's opposition must be filed no later than Nov. 30, 2020. Any reply by Mr. Carpenter must be filed no later than Dec. 14, 2020. The matter will be taken on submission. Chambers will mail a copy of this order to Mr. Carpenter. SO ORDERED., ( Responses due by 11/30/2020, Replies due by 12/14/2020.) (Signed by Judge Laura Taylor Swain on 11/18/2020) (ama)
March 31, 2020 Opinion or Order Filing 661 ORDER: The Court has received and reviewed in their entirety Plaintiff's March 23, 2020, letter motions requesting entry of judgment against Moonstone Partners, LLC, Benistar Admin Services, Inc. ("BASI"), and Molly Carpe nter, (Docket Entry Nos. 658, 659), as well as the March 30, 2020, letter from counsel for those entities opposing entry of judgment (Docket Entry No. 660). Plaintiff's letter motions request relief that is not enumerated in NYSD Local Civi l Rule 7.1(d), which describes applications which may be brought by letter motion. Accordingly, the motions are DENIED without prejudice to formal motion practice in compliance with the relevant federal, local, and individual procedural rules o f Court. Any such motion must address the legal basis, if any, for the Court's exercise of personal jurisdiction over the non-party entities named in the above-referenced letter motions, whether such a motion is the appropriate procedural mechanism by which the Court can enforce its Memorandum Order confirming the arbitration award in this case (Docket Entry No. 40) against non-parties to the underlying litigation, and whether such motion practice is consistent with the limitat ions of ancillary jurisdiction as described in Peacock v. Thomas, 516 U.S. 349 (1996), and the Court's order interpreting Peacock and denying Plaintiff's prior turnover motion in this case. See Docket Entry No. 545. Any such motion must also address the legal and factual basis for the requested judgment amount in light of any recoveries Plaintiff has already obtained. (Signed by Judge Laura Taylor Swain on 3/31/2020) (mro)
May 16, 2016 Opinion or Order Filing 598 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION for 252 Report and Recommendations. The Court has not received any objections to the Report from either Universitas or Nova, so a review for clear error is appropriate. The Court has reviewed carefully Magistrate Judge Pitman's thorough Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Because the Report explicitly states that "[f]ailure to object within fourte en (14) days will result in a waiver of objections and will preclude appellate review," the parties' failure to object operates as a waiver of objections and appellate review. See Graham v. City of New York, 433 Fed. App'x 657, 658 (2d Cir. 2011). This Memorandum Order Adopting Report and Recommendation resolves docket entry number 173 in 11 CV 1590 and docket entry number 115 in 11 CV 8726. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 5/16/2016) (spo)
March 23, 2016 Opinion or Order Filing 591 ORDER granting (553) Motion to Take Deposition; denying (559) Motion for Protective Order in case 1:11-cv-01590-LTS-HBP; granting (354) Motion to Take Deposition in case 1:11-cv-08726-LTS-HBP. Accordingly, for all the foregoing reasons, Universit as' motion to take the deposition of Mr. Carpenter (D.I. 553 in 11 Civ. 1590 and D.I. 354 in 11 Civ. 8726) is granted and Mr. Carpenter's motion for a protective order (D.I. 559 in 11 Civ. 1590) is denied. Universitas may take Carpenter 9;s video deposition on a mutually convenient date, said date to be no later than April 13, 2016. Carpenter may raise any Fifth Amendment objections on a question-by-question basis at the deposition. (As further set forth in this order) (Signed by Magistrate Judge Henry B. Pitman on 3/23/2016) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP Copies Transmitted By Chambers. (lmb) Modified on 3/23/2016 (lmb).
January 5, 2015 Opinion or Order Filing 545 MEMORANDUM OPINION AND ORDER re: (329 in 1:11-cv-08726-LTS, 517 in 1:11-cv-01590-LTS-HBP) CROSS MOTION for Turnover filed by Universitas Education, LLC, (502 in 1:11-cv-01590-LTS-HBP, 502 in 1:11-cv-01590-LTS-HBP) MOTION for Pr otective Order . MOTION for Sanctions filed by Minneapolis Trailer Sales, Inc., Mark Kornovich, Keith Kornovich, (507 in 1:11-cv-01590-LTS-HBP) MOTION for Protective Order Costs, Fees and Sanctions filed by Gerald H Willaims. For the foregoing reasons, GMT and SADI's applications for protective orders, the Beneficiaries' motions for protective orders and for sanctions, and Universitas' motion for turnover are each denied, and the Court's Order to Show Cause is withdrawn, without prejudice to appropriate proceedings in fora of competent jurisdiction. The Order resolves docket entry numbers 498 , 502, 507, and 517. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/5/2015) (ajs)
August 7, 2014 Opinion or Order Filing 474 MEMORANDUM OPINION AND ORDER re: (412 in 1:11-cv-01590-LTS-HBP) MOTION Relief from Stay to Allow Assignment of Policy re: (366) Memorandum & Opinion, filed by Gerald H Willaims, (448 in 1:11-cv-01590-LTS-HBP) MOTION Transfer of Policies filed by Minneapolis Trailer Sales, Inc., Mark Kornovich, Keith Kornovich, (419 in 1:11-cv-01590-LTS-HBP) LETTER MOTION for Extension of Time /defer decision on Motions for Reconsideration addressed to Judge Laura Taylor Swain from Michael Barnett dated 4/23/14 filed by Universitas Education, LLC, (409 in 1:11-cv-01590-LTS-HBP) MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion, filed by Carpenter Financial Group, Inc., (42 9 in 1:11-cv-01590-LTS-HBP) MOTION to Strike Document No. [427-1] Universitas' "Proposed" Sur-reply Memorandum filed by Gerald H Willaims. As set forth within, Petitioner's turnover motion is granted. Petitioner is her eby granted money judgments as follows: against Daniel E. Carpenter in the amount of $30,600,000.00; against Grist Mill Capital, LLC, in the amount of $30,600,000.00; against Grist Mill Holdings, LLC, in the amount of $21,000,000.00; a gainst Carpenter Financial Group, in the amount of $11,140,000.00; against Avon Capital, LLC, in the amount of $6,710,065.92; against Phoenix Capital Management, LLC, in the amount of $5,000,000.00; against Grist Mill Trust Welfare Ben efit Plan, and any trustees and plan sponsors thereto insofar as they hold Grist Mill Trust assets, in the amount of $4,487,007.81; and against Hanover Trust Company, in the amount of $1,200,000.00. The Clerk of the Court is requested to en ter judgment against the Turnover Respondents accordingly. Liability under the judgments is joint and several. Petitioner's requests for permanent injunctive and other equitable relief are denied. Each of the third-party motions to modify the p reliminary injunction, docket entry numbers 409, 412, and 448, are denied as moot, as the preliminary injunction is hereby terminated pursuant to the provisions of the January Order, because Petitioners motion for turnover has been resolved. (See January Order at 15.) The Order resolves docket entry nos. 308, 409, 412, 419, 429, and 448. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/7/2014) (ajs)
June 18, 2014 Opinion or Order Filing 464 ORDER. The parties are directed to be prepared to discuss the scope of the Court's authority under Federal Rule of Civil Procedure 69 and N.Y. C.P.L.R. 5225(b), particularly with respect to third parties who are no longer in possession of assets transferred from a judgment debtor; the parties will be expected to address this in connection with the holdings in Peacock v. Thomas, 516 U.S. 349, 357 (1996); Epperson v. Entm't Express, Inc., 242 F.3d 100, (2d Cir. 2001); Estate of Ungar v. Orascom Telecom Holding S.A.E., 578 F. Supp. 2d 536, 547 (S.D.N.Y. 2008); and Alliance Bond Fund, Inc. v. Grupo Mexicano De Desarrollo, 190 F.3d 16, 21 (2d Cir. 1998). The parties are directed to be prepared to discuss whether personal jurisdiction m ust be established with respect to each third-party respondent against whom or which relief is sought, and the method(s) by which such respondents were served. (Signed by Judge Laura Taylor Swain on 6/18/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
January 13, 2014 Opinion or Order Filing 366 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Petitioners application for a preliminary injunction is granted, and as further set forth in this document. The Order resolves docket entry no. 303. (Signed by Judge Laura Taylor Swain on 1/13/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(cd)
November 20, 2013 Opinion or Order Filing 341 MEMORANDUM OPINION AND ORDER. For the reasons in this Memorandum Opinion and Order, the turnover Petition is granted. USAA is directed to pay to Petitioner, within fourteen days from the date hereof, the proceeds all policies held by any of the Moons tone Respondents and covering the Property. The Order resolves docket entry no. 219. re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction filed by Universitas Education, LLC. (Signed by Judge Laura Taylor Swain on 11/20/2013) (rjm)
September 30, 2013 Opinion or Order Filing 295 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION terminating (173) Motion for Sanctions in case 1:11-cv-01590-LTS-HBP; terminating (115) Motion for Sanctions in case 1:11-cv-08726-LTS. For the foregoing reasons, the Report is hereby adopted in it s entirety. Nova is ordered to deposit the judgment amount, $30,181,880.30, with the Clerk of the Court by October 4, 2013. Nova is further ordered to pay reasonable attorney's fees and costs that Universitas incurred in filing and litigati ng this motion for sanctions. Universitas must file its application for such fees and costs, with detailed contemporaneous billing records, by October 28, 2013. Any objections must be filed fourteen days from the date the application is filed and an y reply must be filed seven days from the date any objection is filed. Nova is hereby prohibited from filing any further motions in these cases (other than a motion seeking permission to file a specific motion) without prior permission from the Court . Mr. Robinson is ordered to pay Universitas' reasonable attorney's fees incurred in defending the motion to dismiss for lack of subject matter jurisdiction. Universitas must file its application for such fees and costs, with detailed conte mporaneous billing records, by October 28, 2013. Any objections must be filed fourteen days from the date the application is filed and any reply must be filed seven days from the date any objection is filed. The Report constitutes a written repriman d of Mr. Robinson for the conduct described therein. This Order resolves docket entry no. 173 in case no. 11 Civ. 1590 and docket entry no. 115 in case no. 11 Civ. 8726. (Signed by Judge Laura Taylor Swain on 9/30/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ja) Modified on 10/1/2013 (ja).
July 2, 2013 Opinion or Order Filing 276 OPINION AND ORDER re: (212 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoenas Issued by Universitas filed by Caldwell Life Strategies Corporation. For the foregoing reasons, the Movants' motion to quash is denied in part and granted in p art. The Movants are directed to respond to Universitas' subpoenas as set forth above within 30 days of this Opinion and Order. The Clerk of the Court is directed to close Docket Item 212 in 11 Civ. 1590. (Signed by Magistrate Judge Henry B. Pitman on 7/2/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ft)
January 4, 2013 Opinion or Order Filing 197 OPINION AND ORDER re: 119 MOTION to Quash Subpoena as to Malkin Properties, filed by Nova Group, Inc., Nova Group, Inc, 61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena, filed by Richard S Order, 117 MOTION to Quash Subpoenas as to Avon Capital, LLC, Avon Insurance Trust, and Avon Insurance Welfare Benefit Plan and Grist Mill Capital, LLC, filed by Nova Group, Inc., Nova Group, Inc, 121 MOTION to Quash Subpoena as to Lincoln Financial Group and Lincoln Nation al Life Insurance Company, filed by Nova Group, Inc., Nova Group, Inc, 74 MOTION to Quash Subpoena of Donald Trudeau, filed by Donald Trudeau, 127 MOTION to Quash Subpoena of Molly Carpenter, filed by Molly Carpenter, 107 MOTION to Quash Inform ation Subpoena of Wayne H. Bursey, filed by Wayne Bursey, 72 MOTION to Quash Subpoena of Wayne Bursey, filed by Wayne Bursey, 125 MOTION to Quash Information Subpooena of Daniel Carpenter, filed by Daniel E Carpenter, 85 MOTION to Quash Rule 45 Subpoena and Post-Judgment Restraining Notice and Information Subpoena of Halloran & Sage, LLP, filed by Halloran & Sage, LLP, 129 MOTION to Quash Subpoena of Amanda Rossi, filed by Amanda Rossi, 123 MOTION to Quash Subpoena as to The Penn Mutua l Life Insurance Company, filed by Nova Group, Inc., Nova Group, Inc, 70 MOTION to Quash Subpoena of Daniel Carpenter, filed by Daniel E Carpenter. Before this Court are various motions to quash subpoenas Universitas issued to individuals and entit ies associated with Nova Group. For the reasons stated herein, the motions to quash are denied. The pending motions to quash (Docket Nos. 61, 70, 72, 74, 85, 107, 117, 119, 121, 123, 125, 127 and 129) are denied. The subpoenaed parties shall comply with the subpoenas previously issued to them as directed in this Opinion and Order. (Signed by Magistrate Judge Henry B. Pitman on 1/4/2013) Copies Sent By Chambers. (ja)
November 21, 2012 Opinion or Order Filing 176 OPINION AND ORDER: TD Bank is ordered to comply with Universitas' subpoenas no later than December 5, 2012. (Signed by Magistrate Judge Henry B. Pitman on 11/21/2012) Copies Mailed By Chambers. (ft)
October 5, 2012 Opinion or Order Filing 162 ORDER granting 43 Motion for Attorney Fees. Accordingly, Universistas' motion for attorneys' fees and costs in the amount of $268,810.01 is granted. This Order resolves docket entry no. 43. SO ORDERED.(Signed by Judge Laura Taylor Swain on 10/05/2012) (ama)
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Petitioner: Universitas Education, LLC
Represented By: Paula Kae Colbath
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Respondent: Nova Group, Inc.
Represented By: Paul R. Dehmel
Represented By: Joseph M. Pastore, III
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