Universitas Education, LLC v. Nova Group, Inc.
Petitioner: Universitas Education, LLC, Daniel E Carpenter, Donald Trudeau, Wayne Bursey, Halloran & Sage, LLP, Molly Carpenter, Amanda Rossi and Caldwell Life Strategies Corporation
Respondent: Nova Group, Inc., Grist Mill Trust Welfare Benefit Plan, Grist Mill Capital, LLC, Avon Capital LLC, Charter Oak Trust Welfare Benefit Plan, Phoenix Capital Management, LLC, Hanover Trust Company and Carpenter Financial Group, Inc.
Intervenor Plaintiff: HUG Funding, LLC
Not Classified By Court: Richard S Order, Mr Joseph M Pastore, Smith, Gambrell & Russell, LLP, Jack E. Robinson and USAA
Interested Party: Gerald H Willaims, Minneapolis Trailer Sales, Inc., Keith Kornovich, Mark Kornovich, Sickness, Accident, Disabilty Indemnity Trust 2005, The Penn Mutual Life Insurance Company,, Benistar 419 Plan and Trust, GMT Living Benefits Trust, Nutmeg Trust, Life One Welfare Benefit Trust, Grist Mill Partners LLC and Survivorship Plan and Trust
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: Henry B Pitman
Referring Judge: Laura Taylor Swain
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 nr Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2022 Opinion or Order Filing 735 ORDER with respect to #707 Motion for Sanctions. The Court therefore defers resolution of Universitas's pending motion for sanctions until Second Circuit has resolved Grist Mill's pending appeal. Universitas is directed to file a status letter, within fifteen days of the Second Circuit's mandate resolving Grist Mill's pending appeal, advising the Court as to what bearing, if any, the Second Circuit's resolution of that appeal has on Universitas's pending motion for sanctions. So Ordered. (Signed by Judge Laura Taylor Swain on 1/20/2022) (js)
January 3, 2022 Opinion or Order Filing 734 MEMO ENDORSEMENT on #733 granting Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. DE#733 in case no. 11-CV-1590 and DE#445 in case no. 11-CV-8726 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/03/2022) (ama)
December 30, 2021 Opinion or Order Filing 733 MOTION for Benjamin Chernow to Withdraw as Attorney . Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit Chernow, #2 Affidavit Siebert)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
December 29, 2021 Opinion or Order Filing 732 FILING ERROR - DEFICIENT DOCKET ENTRY -MOTION for Benjamin Chernow to Withdraw as Attorney . Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph) Modified on 12/29/2021 (db).
December 29, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joseph L. Manson to RE-FILE Document (732 in 1:11-cv-01590-LTS-HBP, 444 in 1:11-cv-08726-LTS-HBP) MOTION for Benjamin Chernow to Withdraw as Attorney .. ERROR(S): Supporting documents are filed separately, each receiving their own document #. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(db)
December 7, 2021 Opinion or Order Filing 731 ORDER denying (726) Motion for Bond in case 1:11-cv-01590-LTS-HBP; denying (440) Motion for Bond in case 1:11-cv-08726-LTS-HBP. Universitas's motion for an appeal bond is therefore denied. The Clerk of Court is respectfully directed to terminate the motion at docket entry no. 726 in case no. 11-CV-1590 and at docket entry no. 440 in case no. 11-CV-8726. (Signed by Judge Laura Taylor Swain on 12/7/2021) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP (rro)
November 23, 2021 Opinion or Order Filing 730 REPLY AFFIDAVIT of Daniel Carpenter in Opposition re: (726 in 1:11-cv-01590-LTS-HBP, 440 in 1:11-cv-08726-LTS-HBP) MOTION for Bond .. Document filed by Daniel Carpenter, Grist Mill Capital, LLC. (Attachments: #1 Affidavit Exh 1 Declaration - Dan Carpenter)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Sandberg, Jeffrey)
November 18, 2021 Opinion or Order Filing 729 ORDER: On November 3, 2021, Universitas Education, LLC filed a motion for bond pending appeal, as against Grist Mill Capital, LLC (Grist Mill) and Daniel Carpenter, in the above- captioned cases. Pursuant to Local Civil Rule 6.1(b), any opposition to the motion for bond was due to be filed by November 17, 2021. No party either filed any opposition to the motion for bond or sought an extension to do so. On November 15, 2021, in case no. 11-CV-1590 (though not in case no. 11-CV- 8726), the Court entered an order substituting counsel for Grist Mill and Daniel Carpenter. (Docket entry no. 728.) In light of the substitution of counsel effected on November 15, 2021, the Court hereby sua sponte extends the deadline for Grist Mill and Daniel Carpenter to respond to the pending motion for bond to November 24, 2021. If the Court receives no opposition to the pending motion by that date, the Court will treat the motion for bond as unopposed. So Ordered. (Responses due by 11/24/2021) (Signed by Judge Laura Taylor Swain on 11/18/2021) (js)
November 15, 2021 Opinion or Order Filing 728 MEMO ENDORSEMENT on re: #727 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: ENDORSEMENT: Plaintiff Universitas Education, LLC is unopposed to entry of this order. JRS The substitution of attorney is hereby approved and so ORDERED. Attorney filed by Daniel E Carpenter, Grist Mill Capital, LLC, Attorney Jeffrey Eric Sandberg for Daniel E Carpenter,Jeffrey Eric Sandberg for Grist Mill Capital, LLC added. Attorney Jeffrey Benson Einhorn terminated. (Signed by Judge Laura Taylor Swain on 11/15/2021) (js)
November 10, 2021 Opinion or Order Filing 727 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Daniel E Carpenter, Grist Mill Capital, LLC..(Sandberg, Jeffrey)
November 3, 2021 Opinion or Order Filing 726 MOTION for Bond . Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
October 26, 2021 Opinion or Order Filing 725 CORRECTED NOTICE OF APPEAL re: #724 Notice of Appeal, #722 Memorandum & Opinion,,,,,. Document filed by Daniel E Carpenter, Grist Mill Capital, LLC..(Einhorn, Jeffrey)
October 26, 2021 Opinion or Order Filing 724 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Daniel E Carpenter, Grist Mill Capital, LLC. Filing fee $ 505.00, receipt number ANYSDC-25244992. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Einhorn, Jeffrey) Modified on 10/26/2021 (nd).
October 26, 2021 Opinion or Order Filing 723 NOTICE OF APPEARANCE by Jeffrey Benson Einhorn on behalf of Daniel E Carpenter, Grist Mill Capital, LLC..(Einhorn, Jeffrey)
October 26, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Einhorn, Jeffrey to RE-FILE Document No. #724 Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)
October 26, 2021 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for #725 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-25244992, paid on 10/26/2021. (tp)
October 26, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #725 Corrected Notice of Appeal. (tp)
October 26, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #725 Corrected Notice of Appeal filed by Daniel E Carpenter, Grist Mill Capital, LLC were transmitted to the U.S. Court of Appeals. (tp)
September 28, 2021 Opinion or Order Filing 722 MEMORANDUM OPINION AND ORDER: For the reasons set forth above, Mr. Carpenter's motion to vacate (docket entry no. 665) is denied, Grist Mill's motion to vacate (docket entry no. 696) is denied, Mr. Carpenter's motion for the Court to take judicial notice (docket entry no. 675) is granted in part and denied in part, and Petitioner's motion for sanctions (docket entry no. 676) is granted in part and denied in part. Mr. Carpenter is hereby prohibited from filing any further motions in these cases without prior permission from the Court. Mr. Carpenter may seek such permission by way of filing a letter-motion, not to exceed three pages, identifying the basis of the motion he seeks permission to file, and certifying, pursuant to this Court's Individual Practices, that Mr. Carpenter has consulted with all opposing parties regarding the relief he proposes to seek. This Memorandum Opinion and Order resolves docket entry nos. 665, 675, 676, and 696 in case no. 11-CV-1590, and docket entry nos. 401, 406, and 419 in case no. 11-CV- 8726. Chambers will mail a copy of this Memorandum Opinion and Order to Mr. Carpenter. So Ordered. (Signed by Judge Laura Taylor Swain on 9/28/2021) (js) (Main Document 722 replaced on 9/28/2021) (js).
June 2, 2021 Opinion or Order Filing 721 ORDER granting (710) Motion to Withdraw as Attorney. Attorney Roger Stavis; Kevin Michael Brown and CeCe Cole terminated in case 1:11-cv-01590-LTS- HBP; granting (430) Motion to Withdraw as Attorney. For the reasons stated above, M&G's motion to withdraw from the representation in this matter is granted, without prejudice to the parties positions with respect to the pending motions to vacate the judgment (docket entry no. 696) and for sanctions (docket entry no. 707), which the Court has under advisement. GMC is a corporate entity, and therefore cannot proceed pro se. See Liberty Propane L.P. v. Feheley, 522 Fed. App'x 38, 38 (2d Cir. 2013); Eagle Associates v. Bank of Montreal, 926 F.2d 1305, 1309 (2d Cir. 1991) ("we have long required corporations to appear through a special agent, the licensed attorney"); Jones v. Niagara Frontier Transp. Authority, 722 F.2d 20, 22 (2d Cir. 1983) ("a corporation, which is an artificial entity that can act only through agents, cannot proceed pro se"). If the pending motions result in determinations that require continuation of litigation by GMC in this Court, GMC must appear by new counsel within thirty (30) days of the issuance of the relevant decision, or within such other time period as may be specified by further order of the Court. This order resolves docket entry numbers 710 in 11-CIV-1590-LTS, and 430 in 11-CIV-8726-LTS. So Ordered. Attorney Roger Stavis; Kevin Michael Brown and CeCe Cole terminated in case 1:11-cv-08726-LTS-HBP. (Signed by Judge Laura Taylor Swain on 6/2/2021) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP (js)
May 25, 2021 Opinion or Order Filing 720 ORDER FOR ADMISSION PRO HAC VICE: granting #719 Motion for Jeffrey R. Sandberg to Appear Pro Hac Vice. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Carpenter Financial Group and Grist Mill Holdings, LLC.in the above entitled action; It is hereby ordered that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. DE# 719 resolved. So Ordered DE# 719 resolved.. (Signed by Judge Laura Taylor Swain on 5/25/2021) (js)
May 25, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #719 MOTION for Jeffrey R. Sandberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24582075. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 24, 2021 Opinion or Order Filing 719 MOTION for Jeffrey R. Sandberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24582075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenter Financial Group, Inc.. (Attachments: #1 Affidavit Affidavit - J Sandberg, #2 Exhibit Good Standing Certificate, #3 Text of Proposed Order Proposed Order).(Sandberg, Jeffrey)
May 6, 2021 Opinion or Order Filing 718 LETTER addressed to Judge Laura Taylor Swain from Daniel E. Carpenter dated 5/5/2021 re: respectfully asks the Court to not allow Mintz & Gold to withdraw until GMC's Ruke 60(b) Motion is granted. Document filed by Daniel E Carpenter..(rro)
April 20, 2021 Opinion or Order Filing 717 CERTIFICATE OF SERVICE served on Daniel Carpenter on 4/20/2021. Service was made by Mail. Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 716 DECLARATION of Kevin M. Brown, Esq. in Opposition re: #707 MOTION for Sanctions Against Roger Stavis and Mintz & Gold.. Document filed by Grist Mill Capital, LLC. (Attachments: #1 Exhibit A).(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 715 DECLARATION of Roger L. Stavis, Esq. in Opposition re: #707 MOTION for Sanctions Against Roger Stavis and Mintz & Gold.. Document filed by Grist Mill Capital, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 714 MEMORANDUM OF LAW in Opposition re: #707 MOTION for Sanctions Against Roger Stavis and Mintz & Gold. . Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 713 CERTIFICATE OF SERVICE served on Daniel Carpenter on 4/20/2021. Service was made by Mail. Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 712 DECLARATION of Roger L. Stavis, Esq. in Support re: #710 MOTION for Roger L. Stavis, Kevin M. Brown, and CeCe M. Cole, on behalf of Mintz & Gold LLP to Withdraw as Attorney .. Document filed by Grist Mill Capital, LLC. (Attachments: #1 Exhibit A).(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 711 MEMORANDUM OF LAW in Support re: #710 MOTION for Roger L. Stavis, Kevin M. Brown, and CeCe M. Cole, on behalf of Mintz & Gold LLP to Withdraw as Attorney . . Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
April 20, 2021 Opinion or Order Filing 710 MOTION for Roger L. Stavis, Kevin M. Brown, and CeCe M. Cole, on behalf of Mintz & Gold LLP to Withdraw as Attorney . Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
March 23, 2021 Opinion or Order Filing 709 CERTIFICATE OF SERVICE of Unpublished Legal Authority served on Daniel Carpenter on March 23, 2021. Service was made by Mail. Document filed by Universitas Education, LLC..(Manson, Joseph)
March 23, 2021 Opinion or Order Filing 708 MEMORANDUM OF LAW in Support re: #707 MOTION for Sanctions Against Roger Stavis and Mintz & Gold. . Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Manson, Joseph)
March 23, 2021 Opinion or Order Filing 707 MOTION for Sanctions Against Roger Stavis and Mintz & Gold. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit of Service for Roger Stavis, #2 Affidavit of Service for Mintz & Gold).(Manson, Joseph)
March 12, 2021 Opinion or Order Filing 706 DECLARATION of Roger L. Stavis in Support re: #696 MOTION to Vacate #475 Clerk's Judgment,,,,,, .. Document filed by Grist Mill Capital, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E).(Cole, CeCe)
March 12, 2021 Opinion or Order Filing 705 REPLY MEMORANDUM OF LAW in Support re: #696 MOTION to Vacate #475 Clerk's Judgment,,,,,, . . Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
March 8, 2021 Opinion or Order Filing 704 CERTIFICATE OF SERVICE of Unpublished Legal Authority served on Daniel Carpenter on March 8, 2021. Service was made by Mail. Document filed by Universitas Education, LLC..(Manson, Joseph)
March 5, 2021 Opinion or Order Filing 703 MEMORANDUM OF LAW in Opposition re: (419 in 1:11-cv-08726-LTS-HBP) MOTION to Vacate (304) Clerk's Judgment,,,,,, . . Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
March 3, 2021 Opinion or Order Filing 702 CERTIFICATE OF SERVICE of Unpublished Authorities served on Daniel Carpenter on March 3, 2021. Service was made by Mail. Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
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 ORDERED, 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 accordance 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 26, 2021 Opinion or Order Filing 700 NOTICE OF MOTION TO VACATE(Reconsider) PLAINTIFF'S JUDGMENT PURS. TO RULE 60(d)(3)FOR FRAUD ON THE COURT, re; #41 Clerk's Judgment. Document filed by Daniel E Carpenter.(sc)
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 to 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)
February 19, 2021 Opinion or Order Filing 698 DECLARATION of Daniel Carpenter in Support re: #696 MOTION to Vacate #475 Clerk's Judgment,,,,,, .. Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
February 19, 2021 Opinion or Order Filing 697 MEMORANDUM OF LAW in Support re: #696 MOTION to Vacate #475 Clerk's Judgment,,,,,, . . Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
February 19, 2021 Opinion or Order Filing 696 MOTION to Vacate #475 Clerk's Judgment,,,,,, . Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
February 19, 2021 Opinion or Order Filing 695 LETTER addressed to Judge Laura Taylor Swain from Roger L. Stavis dated 02/19/2021 re: Withdrawing motion under Rule 60(b). Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
February 3, 2021 Opinion or Order Filing 694 ORDER TO APPEAR PRO HAC VICE: granting #693 Motion for Joseph L. Manson III to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 2/03/2021) (ama)
February 2, 2021 Opinion or Order Filing 693 AMENDED MOTION for Joseph L. Manson III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23789564. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit, #2 DC Good Standing Certificate, #3 VA Good Standing Certificate, #4 Text of Proposed Order).(Manson, Joseph)
February 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #693 AMENDED MOTION for Joseph L. Manson III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23789564. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
January 28, 2021 Opinion or Order Filing 692 CERTIFICATE OF SERVICE of Unpublished Authorities served on Daniel Carpenter on 01/27/2020. Service was made by mail. Document filed by Grist Mill Capital, LLC..(Cole, CeCe)
January 28, 2021 Opinion or Order Filing 691 NOTICE OF APPEARANCE by CeCe Cole on behalf of Grist Mill Capital, LLC..(Cole, CeCe)
January 26, 2021 Opinion or Order Filing 690 DECLARATION of Roger L. Stavis in Support re: #678 MOTION to Set Aside Judgment Against Grist Mill Capital, LLC.. Document filed by Grist Mill Capital, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Brown, Kevin)
January 26, 2021 Opinion or Order Filing 689 REPLY MEMORANDUM OF LAW in Support re: #678 MOTION to Set Aside Judgment Against Grist Mill Capital, LLC. . Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
January 20, 2021 Opinion or Order Filing 688 CERTIFICATE OF SERVICE of Unpublished Authorities served on Daniel Carpenter on January 20, 2021. Service was made by Mail. Document filed by Universitas Education, LLC..(Manson, Joseph)
January 19, 2021 Opinion or Order Filing 687 MEMORANDUM OF LAW in Opposition re: (407 in 1:11-cv-08726-LTS-HBP) MOTION to Set Aside Judgment Against Grist Mill Capital, LLC. . Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
January 19, 2021 Opinion or Order Filing 686 LETTER addressed to Judge Laura Taylor Swain from Roger Stavis dated 01/19/2021 re: ECF Nos. 676-77. Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
January 14, 2021 Opinion or Order Filing 685 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph L. Manson III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-23519041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit, #2 DC Certificate of Good Standing, #3 VA Certificate of Good Standing, #4 Text of Proposed Order)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph) Modified on 1/15/2021 (wb).
January 12, 2021 Opinion or Order Filing 684 CERTIFICATE OF SERVICE of Unpublished Authorities served on Daniel Carpenter on January 11, 2021. Service was made by Mail. Document filed by Universitas Education, LLC..(Manson, Joseph)
January 11, 2021 Opinion or Order Filing 683 LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Benjamin Chernow dated January 11, 2021 re: #675 LETTER MOTION to Expedite addressed to Judge Laura Taylor Swain from Daniel E. Carpenter dated 12/30/2020 (received in Chambers). . Document filed by Universitas Education, LLC..(Manson, Joseph)
January 5, 2021 Opinion or Order Filing 682 AFFIDAVIT OF SERVICE of Motion for Sanctions and Supporting Documents served on Daniel Carpenter on 1/5/21. Service was made by Mail. Document filed by Universitas Education, LLC. (Attachments: #1 Proof of Delivery).(Manson, Joseph)
January 5, 2021 Opinion or Order Filing 681 CERTIFICATE OF SERVICE of Unpublished Authorities served on Daniel Carpenter on 01/05/2020. Service was made by Mail. Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
January 5, 2021 Opinion or Order Filing 680 DECLARATION of Daniel Carpenter in Support re: #678 MOTION to Set Aside Judgment Against Grist Mill Capital, LLC.. Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
January 5, 2021 Opinion or Order Filing 679 MEMORANDUM OF LAW in Support re: #678 MOTION to Set Aside Judgment Against Grist Mill Capital, LLC. . Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
January 5, 2021 Opinion or Order Filing 678 MOTION to Set Aside Judgment Against Grist Mill Capital, LLC. Document filed by Grist Mill Capital, LLC..(Brown, Kevin)
January 4, 2021 Opinion or Order Filing 677 MEMORANDUM OF LAW in Support re: #676 MOTION for Sanctions Against Daniel Carpenter. . Document filed by Universitas Education, LLC. (Attachments: #1 Appendix Unpublished Cases).(Manson, Joseph)
January 4, 2021 Opinion or Order Filing 676 MOTION for Sanctions Against Daniel Carpenter. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit of Service).(Manson, Joseph)
January 3, 2021 Opinion or Order Filing 675 LETTER MOTION FOR THE COURT TO TAKE JUDICIAL NOTICE addressed to Judge Laura Taylor Swain from Daniel E. Carpenter dated 12/30/2020 (received in Chambers). Document filed by Daniel E Carpenter. NOW COMES the Petitioner, Daniel Carpenter, to ask this Honorable Court to take judicial notice of a letter from Attorney Manson on behalf of Universitas threatening a motion to strike that was delivered on my family's doorstep on Christmas Eve. I just wanted this Court to take judicial notice of the fact that Universitas took it upon itself to bring an action against TD Bank, without notifying me because I was in prison or anyone else involved with the Charter Oak Trust, and they certainly did not give notice to Wayne Bursey who died in March 2015, and as further specified and set forth in this Letter Motion. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP. (rjm)
December 23, 2020 Opinion or Order Filing 674 NOTICE OF APPEARANCE by Roger Stavis on behalf of Grist Mill Capital, LLC..(Stavis, Roger)
December 23, 2020 Opinion or Order Filing 673 NOTICE OF APPEARANCE by Kevin Michael Brown on behalf of Grist Mill Capital, LLC..(Brown, Kevin)
December 22, 2020 Opinion or Order Filing 672 REPLY (Affirmation)IN SUPPORT OF MOTION TO VACATE TURNOVER JUDGMENT PURS. TO RULE 60(b)(4), re: #665 MOTION for Reconsideration re; #41 Clerk's Judgment. Document filed by Daniel E Carpenter. (sc)
December 22, 2020 Opinion or Order Filing 671 NOTICE OF APPEARANCE PRO SE by Daniel E Carpenter. (sc)
December 9, 2020 Opinion or Order Filing 670 MEMO ENDORSEMENT granting #669 MOTION for David A. Slossberg to Withdraw as Attorney. ENDORSEMENT: The foregoing motion is granted. Mr. Carpenter is directed to file promptly a notice of appearance pro se, and he is encouraged to also file a consent to receive service by email if he is willing to receive notice in that manner. Details regarding these forms and procedures are available on the Court's website. DE#669 resolved. SO ORDERED. Attorney David Andrew. Slossberg terminated. (Signed by Judge Laura Taylor Swain on 12/9/2020) (jca)
December 8, 2020 Opinion or Order Filing 669 MOTION for David A. Slossberg to Withdraw as Attorney . Document filed by Daniel E Carpenter. (Attachments: #1 Exhibit A - Declaration of Daniel E. Carpenter, #2 Exhibit B - Declaration of David A. Slossberg)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Slossberg, David)
December 1, 2020 Opinion or Order Filing 668 AFFIDAVIT OF SERVICE of Memorandum of Law in Opposition to Motion to Vacate Judgment served on Daniel Carpenter on December 1, 2020. Service was made by Mail. Document filed by Universitas Education, LLC. (Attachments: #1 Appendix Proof of Delivery).(Manson, Joseph)
November 30, 2020 Opinion or Order Filing 667 MEMORANDUM OF LAW in Opposition re: (401 in 1:11-cv-08726-LTS-HBP) MOTION for Reconsideration re; (34) Clerk's Judgment,,,. . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
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)
November 13, 2020 Opinion or Order Filing 665 MOTION TO VACATE(Reconsider) TURNOVER JUDGEMENT PURS. TO RULE 60(b)(4) for Reconsideration re; #41 Clerk's Judgment. Document filed by Daniel E Carpenter.(sc) (Additional attachment(s) added on 11/16/2020: #1 Proof of Sevice) (sc).
July 14, 2020 Opinion or Order Filing 664 MEMO ENDORSEMENT on re: #663 Letter filed by Universitas Education, LLC. ENDORSEMENT: The Order to Show Cause filed at DE# 662 is satisfied. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/14/2020) (jca)
July 14, 2020 Opinion or Order Filing 663 LETTER addressed to Judge Laura Taylor Swain from Universitas Education, LLC dated July 14, 2020 re: Order to Show Cause. Document filed by Universitas Education, LLC..(Manson, Joseph)
July 10, 2020 Opinion or Order Filing 662 ORDER TO SHOW CAUSE: Lincoln National Life Insurance Company ("Lincoln") has written to the Court to inquire as to whether any Restraining Notice or extension thereof previously entered in this case continues to restrict the business activities of Lincoln. The letter, which is attached to this order,was accompanied by correspondence from counsel for the parties to this litigation. Plaintiff's counsel is hereby ordered to show cause in writing, filed by Friday, July 17, 2020, with a courtesy copy delivered contemporaneously to Lincoln, why the Restraining Notice(s) previously served on Lincoln should not be understood to have expired on November 30, 2019. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/10/2020) (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 Carpenter, (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 Civil 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 of 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 limitations 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)
March 30, 2020 Opinion or Order Filing 660 LETTER addressed to Judge Laura Taylor Swain from Daniel E. LaBelle dated 03/30/2020 re: 3/23/2020 Letters Filed By Universitas. Document filed by Molly Carpenter. (Attachments: #1 Exhibit A).(LaBelle, Dan)
March 23, 2020 Opinion or Order Filing 659 LETTER addressed to Judge Laura Taylor Swain from Ben Chernow dated March 23, 2020 re: Judgment Against Benistar Admin. Services, Inc. and Molly Carpenter. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order for BASI, #3 Text of Proposed Order Proposed Order for Molly Carpenter)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
March 23, 2020 Opinion or Order Filing 658 LETTER addressed to Judge Laura Taylor Swain from Ben Chernow dated March 23. 2020 re: Judgment Against Moonstone Partners, LLC. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
March 18, 2020 Opinion or Order Filing 657 ORDER TO APPEAR PRO HAC VICE granting (656) Motion for Benjamin Chernow to Appear Pro Hac Vice in case 1:11-cv-01590-LTS-HBP. (Signed by Judge Laura Taylor Swain on 3/13/2020) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP (rj)
March 9, 2020 Opinion or Order Filing 656 MOTION for Benjamin Chernow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-19053535. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit, #2 Exhibit DC Good Standing Certificate, #3 Exhibit NY Good Standing Certificate, #4 Text of Proposed Order)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP.(Manson, Joseph)
March 9, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #656 MOTION for Benjamin Chernow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-19053535. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
February 13, 2020 Opinion or Order Filing 655 ORDER denying (654) Motion for Joseph Manson to Appear Pro Hac Vice in case 1:11-cv-01590-LTS-HBP; denying (395) Motion for Joseph Manson to Appear Pro Hac Vice in case 1:11-cv-08726-LTS-HBP. Accordingly, the motion is DENIED without prejudice to reopening upon prompt filing of a certificate from Virginia and a legibly dated copy of the certificate from the District ofColumbia. The Clerk of Court is directed to docket this order in both of the above captioned cases. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/13/2020) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP (ama)
January 23, 2020 Opinion or Order Filing 654 MOTION for Joseph L. Manson III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18580790. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Manson, Joseph)
January 23, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #654 MOTION for Joseph L. Manson III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18580790. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 2, 2018 Opinion or Order Filing 653 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by the undersigned that Patrick D, Bonner Jr. be substituted as counsel of record for Plaintiff Universitas Education, LLC in place and instead of Loeb & Loeb LLP. Attorney Patrick D. Bonner, Jr added. Attorney Paula Kae Colbath terminated. (Signed by Magistrate Judge Henry B. Pitman on 8/2/2018) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(mro)
August 1, 2018 Opinion or Order Filing 652 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Universitas Education, LLC. (Driscoll, Melissa)
June 19, 2018 Opinion or Order Filing 651 SATISFACTION OF JUDGMENT re: #475 Clerk's Judgment entered in favor of Universitas Education, LLC and against Grist Mill Trust Welfare Benefit Plan in the amount of $4,487,007.81 and said GMT Judgment having been fully paid; and it is certified that there are no outstanding executions with any Sheriff or Marshall as to said GMT Judgment; and WHEREAS, to the extent Universitas issued restraining notices to third party garnishees directed at the assets of Judgment Debtor GMT, such restraining notices are hereby immediately lifted, but only insofar as such restraining notices related to the assets of GMT. All restraining notices served by Universitas to third-party garnishees remain in full force and effect as to all Judgment Debtors, except GMT. THEREFORE, full and complete satisfaction of said GMT Judgment is hereby acknowledged, for said GMT Judgment ONLY. GMT Judgment satisfied on 06/19/2018.(km)
April 24, 2018 Opinion or Order Filing 650 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF MOTION TO INTERVENE. Proposed intervenor HUG Funding, LLC, hereby withdraws, without prejudice, its Motion to Intervene (Docket Entry No. 646) which was filed on March 20, 2018. ENDORSEMENT: The Clerk of Court is directed to terminate docket entry #646. So ordered. Withdrawing #646 Motion to Intervene. Party HUG Funding, LLC terminated. (Signed by Judge Laura Taylor Swain on 4/24/2018) (rjm) .
April 16, 2018 Opinion or Order Filing 649 NOTICE of Withdrawal Without Prejudice of Motion to Intervene re: #646 MOTION to Intervene .. Document filed by HUG Funding, LLC. (Lipsius, Ira)
March 20, 2018 Opinion or Order Filing 648 MEMORANDUM OF LAW in Support re: #646 MOTION to Intervene . . Document filed by HUG Funding, LLC. (Attachments: #1 Proposed Pleading)(Lipsius, Ira)
March 20, 2018 Opinion or Order Filing 647 AFFIDAVIT of Daniel Saks in Support re: #646 MOTION to Intervene .. Document filed by HUG Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lipsius, Ira)
March 20, 2018 Opinion or Order Filing 646 MOTION to Intervene . Document filed by HUG Funding, LLC.(Lipsius, Ira)
March 14, 2018 Opinion or Order Filing 645 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and among the parties, that: The Restraining Notice served on AIG by Universitas is hereby lifted only with regard to the processing of the partial surrenders of the B. Policies and, as such, AIG is free to proceed with the processing of the requested partial surrender requests as to the B. Policies only. Thereafter, upon receipt of funds from AIG for the partial surrender of the B. Policies owned by the Grist Mill Plan, the Grist Mill Plan shall pay such funds to Loeb & Loeb LLP for the benefit of Universitas. Thereafter, upon receipt of further written authorization from Universitas counsel, AIG is free to proceed with the processing of the change of ownership requests with respect to the B. Policies. Effective immediately, the Restraining Notice previously served by Universitas Education, LLC ("Universitas") to United States Life Insurance Company/The American General Life Insurance Company ("AIG") shall be lifted only with regard to the processing of partial surrender requests of the life insurance policies issued on the lives of Ben B. (Policy number Ul0014511L) and Ben & Kathleen B. (Policy number A10197025L) (collectively, the "B. Policies") and AIG is hereby authorized to process the pending partial surrender requests in connection with the B Policies. Upon receipt of payment from AIG in connection with the partial surrender of the B. Policies owned by the Grist Mill Plan, the Grist Mill Plan shall pay to Loeb & Loeb LLP, for the benefit of Universitas, all sums received from AIG for the partial surrenders of the B. Policies owned by the Grist Mill Plan. After the partial surrender transactions have been processed and payment has been made by the Grist Mill Plan to Loeb & Loeb LLP for the benefit of Universitas, Loeb & Loeb LLP shall thereafter issue written authorization to AIG permitting AIG to process the changes of ownership of the B. Polices. Upon receipt of such written authorization, AIG shall be authorized to process the changes of ownership of the B. Policies without further Order of the Court. Except for any partial surrender requests or change of ownership requests with respect to the B. Policies described in the preceding paragraphs, the Restraining Notice served by Universitas to AIG shall remain in full force and effect, and as further set forth in this order. (Docketed in 11cv1590 and 11cv8726) (Signed by Judge Laura Taylor Swain on 3/14/2018) (ap) Modified on 5/14/2018 (ap).
November 2, 2017 Opinion or Order Filing 644 ORDER: This matter having come before the Court on Universitas Education, LLC's ("Universitas") Motion, Pursuant to CPLR 5240, to Extend the Duration of the Restraining Notices Issued to Third-Party Garnishees for the reasons stated below and on the record at the Order to Show Cause hearing held on November 2, 2017, and pursuant to Fed. R. Civ. P. 69(1)(1) and N.Y. C.P.L.R. 5240, it is hereby ORDERED that: 1. Effective immediately, all restraining notices previously issued by Universitas Education, LLC ("Universitas") to the following third-party garnishees are hereby EXTENDED and shall remain in full force and effect through and including NOVEMBER 30, 2020. All restraining notices issued by Universitas to third-party garnishees shall be effective against and apply to any property or assets in which any Judgment Debtor has an interest, and as further set forth in this order. (Signed by Judge Laura Taylor Swain on 11/2/2017) (ap)
November 2, 2017 Opinion or Order Filing 643 MEMO ENDORSEMENT: on re: (642 in 1:11-cv-01590-LTS-HBP) Letter, filed by Universitas Education, LLC. ENDORSEMENT: The joint proposed order will be entered. Since no objections or other responses to the Order to Show Cause have been received, the hearing scheduled for November 2, 2017 at 3pm is CANCELLED. (Signed by Judge Laura Taylor Swain on 11/2/2017) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(ap)
November 1, 2017 Opinion or Order Filing 642 LETTER addressed to Judge Laura Taylor Swain from Leily Lashkari dated November 1, 2017 re: Order to Show Cause to Extend Restraining Notices. Document filed by Universitas Education, LLC. (Attachments: #1 Text of Proposed Order)(Colbath, Paula)
October 31, 2017 Opinion or Order Filing 641 LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated October 31, 2017 re: Stipulation and Proposed Order. Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Stipulation and Proposed Order)(LaBelle, Dan)
October 24, 2017 Opinion or Order Filing 640 REPLY MEMORANDUM OF LAW re: #627 Order to Show Cause,,,,,, . Document filed by Universitas Education, LLC. (Colbath, Paula)
October 24, 2017 Opinion or Order Filing 639 ORDER: granting #638 Letter Motion for Extension of Time to File Response/Reply. The requested extension is granted. DE #638 resolved. Replies due by 10/24/2017. (Signed by Judge Laura Taylor Swain on 10/24/2017) (ap)
October 23, 2017 Opinion or Order Filing 638 LETTER MOTION for Extension of Time to File Response/Reply by October 24, 2017 addressed to Judge Laura Taylor Swain from Leily Lashkari dated 10/23/2017. Document filed by Universitas Education, LLC.(Colbath, Paula)
October 23, 2017 Opinion or Order Filing 637 ORDER granting #636 Letter Motion to Adjourn Conference. The matter is adjourned to November 2, 2017, at 3:00 pm. Plaintiff's counsel must notify all respondents whose counsel are not registered on the ECF system. DE #636 resolved. Show Cause Hearing set for 11/2/2017 at 03:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/23/2017) (mro)
October 20, 2017 Opinion or Order Filing 636 LETTER MOTION to Adjourn Conference OSC Hearing scheduled for October 26, 2017 at 2:30 p.m. addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 10/20/2017. Document filed by Universitas Education, LLC.(Colbath, Paula)
October 20, 2017 Opinion or Order Filing 635 MEMORANDUM OF LAW re: #627 Order to Show Cause,,,,,, . Document filed by Benistar 419 Plan and Trust, Grist Mill Trust Welfare Benefit Plan, Survivorship Plan and Trust. (Attachments: #1 Declaration of Kathy Kehoe)(LaBelle, Dan)
October 20, 2017 Opinion or Order Filing 634 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Survivorship Plan and Trust.(LaBelle, Dan)
October 20, 2017 Opinion or Order Filing 633 NOTICE OF APPEARANCE by Dan E. LaBelle on behalf of Survivorship Plan and Trust. (LaBelle, Dan)
October 19, 2017 Opinion or Order Filing 632 ORDER granting (630) Letter Motion for Extension of Time to File Response/Reply in case 1:11-cv-01590-LTS-HBP; granting (388) Letter Motion for Extension of Time to File Response/Reply in case 1:11-cv-08726-LTS-HBP. The request is hereby granted. The responsive papers must be filed by 20 Oct 2017. The deadline for Reply Papers is unchanged. DE 388 is hereby resolved. Responses due by 10/20/2017. (Signed by Judge Laura Taylor Swain on 10/19/2017) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP (mro)
October 19, 2017 Opinion or Order Filing 630 LETTER MOTION for Extension of Time to File Response/Reply as to (627 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,, addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated 10/19/2017. Document filed by Grist Mill Trust Welfare Benefit Plan, Benistar 419 Plan and Trust.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(LaBelle, Dan)
October 16, 2017 Opinion or Order Filing 629 DECLARATION of Paula K. Colbath in Support re: (627 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A (Part One), #2 Exhibit A (Part Two), #3 Exhibit A (Part Three), #4 Exhibit A (Part Four), #5 Exhibit A (Part Five))Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
October 16, 2017 Opinion or Order Filing 628 MEMORANDUM OF LAW in Support re: (627 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,, . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
October 13, 2017 Opinion or Order Filing 631 ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: Defendants are ordered to show cause as to why an Order should not be issued, pursuant to Fed. R. Civ. P. 69(a)(1) and N.Y.C.P.L.R. 5240 extending the expiration date of restraining notices served by Universitas on several third-party garnishees, until Universitas' Judgments against Judgment Debtors' Nova Group, Inc., Daniel Carpenter, Grist Mill Trust Welfare Benefit Plan and any trustees and plan sponsors thereof insofar as they hold Grist Mill Trust assets, Grist Mill Capital, LLC, Grist Mill Holdings, LLC, Carpenter Financial Group, Avon Capital, LLC, Phoenix Capital Management, LLC, and Hanover Trust Company are satisfied in full (collectively, the "Judgment Debtors"); ORDERED, that the restraining notices served on the third-party garnishees apply to any nominee, predecessor and/or successor trust/entity of any of the Judgment Debtors. AND IT IS FURTHER: ORDERED, that pending the determination of Universitas' application for an extension of the expiration date of said restraining notices, the restraining notices previously served on the following third-party garnishees herein shall remain in effect. ORDERED that any papers in opposition to Plaintiff's motion shall be served upon counsel for Universitas through the ECF system on or before Oct 19, 2017, and reply papers shall be served through the ECF system on or before Oct 23, 2017 by 5:00 P.M. (As further set forth herein.) Show Cause Hearing set for 10/26/2017 at 02:30 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Lorna G. Schofield Part I on 10/13/2017) (kgo)
October 13, 2017 Opinion or Order Filing 627 ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Defendants show cause before the Hon. Laura Taylor Swain, at the United States Courthouse, 500 Pearl Street, in Courtroom 12D, in the City, County and State of New York, on October 26, 2017, at 2:30 p.m., as to why an Order should not be issued, pursuant to Fed. R. Civ P. 69(a)(1) and N.Y.C.P.L.R. 5240 extending the expiration date of restraining notices served by Universitas on several third-party garnishees, until Universitas' Judgments against Judgment Debtors' Nova Group, Inc., Daniel Carpenter, Grist Mill Trust Welfare Benefit Plan and any trustees and plan sponsors thereof insofar as they hold Grist Mill Trust assets, Grist Mill Capital, LLC, Grist Mill Holdings, LLC, Carpenter Financial Group, Avon Capital, LLC, Phoenix Capital Management, LLC, and Hanover Trust Company are satisfied in full (collectively, the "Judgment Debtors"); ORDERED, that the restraining notices served on the third-party garnishees apply to any nominee, predecessor and/or successor trust/entity of any of the Judgment Debtors...ORDERED that any papers in opposition to Plaintiff's motion shall be served upon counsel for Universitas through the ECF system on or before Oct 19, 2017, and that any reply papers shall be served through the ECF system on or before Oct 23, 2017 by 5:00 p.m. (Show Cause Hearing set for 10/26/2017 at 02:30 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Lorna G. Schofield Part I on 10/13/2017) (ras) Modified on 10/18/2017 (ras).
October 11, 2017 Opinion or Order Filing 626 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the parties, that: The Restraining Notice served on AIG by Universitas is hereby lilted only with regard to the processing of the partial surrenders of the B. Policies and the change of ownership of the S. Policy, as such, AIG is free to proceed with the processing of the requested partial surrender requests as to the B. Policies and the change of ownership of the S. Policy only. Thereafter, upon receipt of funds from AIG for the partial surrender of the B. Policies, owned by the Grist Mill Plan, the Grist Mill Plan shall pay such funds to Loeb & Loeb LLP for the benefit of Universitas. Thereafter, upon receipt of further written authorization from Universitas counsel, AIG is free to proceed with the processing of the change of ownership requests with respect to the B. Policies. It is hereby ORDERED that: Effective immediately. the Restraining Notice previously served by Universitas Education, LLC ("Universitas") to United States Life Insurance Company/The American General Life Insurance Company ("AIG") shall be lifted only with regard to (a) the processing of partial surrender requests of the life insurance policies issued on the lives of Ben B. (Policy number U10014511L). Ben & Kathleen B. (Policy number A10197025L), (collectively, the "B. Policies") and (b) the change ownership request of the life insurance policy issued on the life of Ralph S. (Policy Number A7E122222L) (the "S. Policy") and AIG is hereby authorized to process the pending partial surrender requests in connection with the B. Policies and the change of ownership request in connection with the S. Policy. Upon receipt of payment from AIG in connection with the partial surrender of the partial surrender of the B. Policies owned by the Grist Mill Plan, the Grist Mill Plan shall pay to Loeb & Loeb LLP, for the benefit of Universitas, all sums received from AIG for the partial surrenders of the B. Policies owned by the Grist Mill Plan. After the partial surrender transactions have been processed and payment has been made by the Grist Mill Plan to Loeb & Loeb LLP for the benefit of Universitas, Loeb & Loeb LLP shall thereafter issue written authorization to AIG permitting AIG to process the changes of ownership of the B. Polices. Upon receipt or such written authorization, AIG shall be authorized to process the changes or ownership of the B. Policies without further Order of the Court. Except for any partial surrender requests or change of ownership requests with respect to the B. Policies and the change of ownership requests with respect to the S. Policy described in the preceding paragraphs, the Restraining Notice served by Universitas to AIG shall remain in full force and effect, and as further set forth in this order. (Signed by Judge Laura Taylor Swain on 10/11/2017) (ap) Modified on 10/13/2017 (ap). Modified on 11/15/2017 (ap). (Entered: 10/12/2017)
September 13, 2017 Opinion or Order Filing 625 LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated September 13, 2017 re: Stipulation and Proposed Order Regarding Restraining Notice. Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Stipulation and Proposed Order)(LaBelle, Dan)
January 5, 2017 Opinion or Order Filing 624 ORDER: re: (623 in 1:11-cv-01590-LTS-HBP, 383 in 1:11-cv-08726-LTS-HBP) Letter filed by Universitas Education, LLC. Effective immediately, all restraining notices previously issued by Universitas to the following third-party garnishees are hereby EXTENDED and shall remain in full force and effect through and including NOVEMBER 30, 2019. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/05/2017) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(ama)
January 4, 2017 Opinion or Order Filing 623 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated January 4, 2017 re: Proposed Order on Order to Show Cause to Extend Restraining Notices. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
December 29, 2016 Opinion or Order Filing 622 NOTICE of Presentment of Proposed Order re: (378 in 1:11-cv-08726-LTS-HBP, 608 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
December 21, 2016 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 12/21/2016. Court Reporter Tara Jones present. ORDER TO SHOW CAUSE HEARING held. As stated on the record, the Court denied plaintiffs request for sanctions against Williams. Plaintiffs is directed to submit a proposed order by 1/6/2017. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(lan)
December 9, 2016 Opinion or Order Filing 621 REPLY AFFIDAVIT of Paula K. Colbath in Support re: #608 Order to Show Cause,,,,,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit Exhibit A)(Colbath, Paula)
December 9, 2016 Opinion or Order Filing 620 REPLY MEMORANDUM OF LAW in Support re: #608 Order to Show Cause,,,,, . Document filed by Universitas Education, LLC. (Attachments: #1 Text of Proposed Order)(Colbath, Paula)
December 6, 2016 Opinion or Order Filing 619 ORDER granting #618 Letter Motion for Conference. The request for telephonic participation is granted. Counsel must contact the Courtroom deputy (212 805 0424) by December 19 for call-in instructions. DE # 618 resolved. (Signed by Judge Laura Taylor Swain on 12/5/2016) (cf)
December 2, 2016 Opinion or Order Filing 618 LETTER MOTION for Conference addressed to Judge Laura Taylor Swain from Michael H Bloom dated 12/2/2016. Document filed by Gerald H Willaims.(Bloom, Michael)
November 28, 2016 Opinion or Order Filing 617 ORDER granting #616 Letter Motion to Adjourn Conference. The request for an extension of the reply deadline to December 9, 2016, is Granted on consent, and the hearing is rescheduled to December 21, 2016, at 2:15 p.m. SO ORDERED. Show Cause Hearing set for 12/21/2016 at 02:15 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/28/2016) (ama)
November 28, 2016 Opinion or Order Set/Reset Deadlines: Replies due by 12/9/2016. (ama)
November 23, 2016 Opinion or Order Filing 616 LETTER MOTION to Adjourn Conference and Extend Reply on Order to Show Cause to Extend Restraining Notices addressed to Judge Laura Taylor Swain from Paula K.Colbath dated November 23, 2016. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
November 23, 2016 Opinion or Order Filing 615 DECLARATION of Michael H Bloom in Support re: #613 Memorandum of Law in Opposition. Document filed by Gerald H Willaims. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bloom, Michael)
November 23, 2016 Opinion or Order Filing 614 AFFIDAVIT of Gerald H. Williams in Support re: #613 Memorandum of Law in Opposition. Document filed by Gerald H Willaims. (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)(Bloom, Michael)
November 23, 2016 Opinion or Order Filing 613 MEMORANDUM OF LAW in Opposition re: #612 Response to Order to Show Cause . Document filed by Gerald H Willaims. (Bloom, Michael)
November 23, 2016 Opinion or Order Filing 612 RESPONSE TO ORDER TO SHOW CAUSE re: #608 Order to Show Cause,,,,,. Document filed by Gerald H Willaims. (Bloom, Michael)
November 23, 2016 Opinion or Order Filing 611 RESPONSE TO ORDER TO SHOW CAUSE re: #608 Order to Show Cause,,,,,. Document filed by The Penn Mutual Life Insurance Company,. (Mancuso, Robert)
November 18, 2016 Opinion or Order Filing 610 DECLARATION of Paula K. Colbath in Support re: (378 in 1:11-cv-08726-LTS-HBP, 608 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
November 18, 2016 Opinion or Order Filing 609 MEMORANDUM OF LAW in Support re: (378 in 1:11-cv-08726-LTS-HBP, 608 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,, . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
November 18, 2016 Opinion or Order Filing 608 ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Defendants show cause before the Hon. Laura Taylor Swain, at the United States Courthouse, 500 Pearl Street, in Courtroom 12D, in the City, County and State of New York, on November 28, 2016, at 4:00 p.m. as to why an Order should not be issued, pursuant to Fed. R. Civ. P. 69(a)(1) and N.Y. C.P.L.R. 5240 extending the expiration date of restraining notices served by Universitas on several third-party garnishees, until Universitas' Judgments against Judgment Debtors' Nova Group, Inc., Daniel Carpenter, Grist Mill Trust Welfare Benefit Plan and any trustees and plan sponsors thereof insofar as they hold Grist Mill Trust assets, Grist Mill Capital, LLC, Grist Mill Holdings, LLC, Carpenter Financial Group, Avon Capital, LLC, Phoenix Capital Management, LLC, andHanover Trust Company are satisfied in full (collectively, the "Judgment Debtors"); ORDERED that any papers in opposition to Plaintiff's motion shall be served upon counsel for Universitas through the ECF system on or before November 23, 2016 and that any reply papers shall be served through the ECF system on or before November 25, 2016. Courtesy copies must be provided for the chambers of the undersigned. Show Cause Hearing set for 11/28/2016 at 04:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/18/2016) (ama)
September 20, 2016 Opinion or Order Filing 607 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated 9/15/2016 re: As such, we respectfully request that Your Honor memo endorse this unopposed letter extending the date by when Mr. Carpenter's deposition shall be taken in March 30, 2017. ENDORSEMENT: Application Granted. SO ORDERED., ( Deposition due by 3/30/2017.) (Signed by Magistrate Judge Henry B. Pitman on 9/20/2016) (ama)
August 5, 2016 Opinion or Order Filing 606 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated 8/4/2016 re: We respectfully request that Your Honor memo endorse this unopposed letter extending the date by when Mr. Carpenter's deposition will be taken to September 30, 2016. ENDORSEMENT: Application granted., ( Deposition due by 9/30/2016.) (Signed by Magistrate Judge Henry B. Pitman on 8/4/2016) (lmb)
June 22, 2016 Opinion or Order Filing 605 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated 6/20/2016 re: We ask that the Court memo endorse this unopposed letter permitting us to take Mr. Carpenter's deposition by August 5, 2016. ENDORSEMENT: Application Granted., ( Deposition due by 8/5/2016.) (Signed by Magistrate Judge Henry B. Pitman on 6/22/2016) (ama)
June 6, 2016 Opinion or Order Filing 604 ORDER granting #603 Letter Motion for Extension of Time: APPLICATION GRANTED. Deposition due by 6/30/2016. (Signed by Magistrate Judge Henry B. Pitman on 6/6/2016) (tn)
June 3, 2016 Opinion or Order Filing 603 LETTER MOTION for Extension of Time to Take Deposition of Daniel Carpenter addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated June 3, 2016. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
May 25, 2016 Opinion or Order CASHIERS OFFICE REMARK on #598 Order Adopting Report and Recommendations,,,, in the amount of $25,000.00, paid on 5/25/2016, Receipt Number 465401153606. (nm)
May 23, 2016 Opinion or Order Filing 602 NOTICE OF CHANGE OF ADDRESS by Lawrence S. Grossman on behalf of Daniel E Carpenter. New Address: Hurwitz Sagarin Slossberg & Knuff, LLC, 147 North Broad Street, Milford, CT, United States 06460, (203) 877-8000. (Grossman, Lawrence)
May 19, 2016 Opinion or Order Filing 601 STIPULATION AND ORDER OF DISTRIBUTION: The Court having considered this Stipulation and Order of Distribution filed by Kathy Kehoe, as Trustee of the Grist Mill Trust dated October 1, 2003 (the "Grist Mill Trust"), and Universitas Education, LLC ("Universitas"), it is hereby GRANTED and ORDERED that the monies currently on deposit at Webster Bank in New York, in Webster account number XXXXXXX419 in the amount of $239,108.48, and in Webster account number XXXXXXX426 in the amount of $251,912.20, shall be immediately distributed to Universitas, c/o Loeb & Loeb LLP, by way of a wire transfer to Loeb & Loeb LLP's Trust Account, Citigroup Private Bank, 153 East 53rd Street, New York, New York 10022, account number 24576266 (routing number 021000089). This Order is without prejudice to further applications by Universitas for the turnover of additional monies deposited into the subject accounts by the Grist Mill Trust and/or its trustee(s) and/or administrator(s). (Signed by Judge Laura Taylor Swain on 5/19/2016) (mro)
May 19, 2016 Opinion or Order Filing 600 NOTICE OF APPEARANCE by Lawrence S. Grossman on behalf of Daniel E Carpenter. (Grossman, Lawrence)
May 18, 2016 Opinion or Order Filing 599 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated May 18, 2016 re: Universitas' Motion for Turnover of Funds from Webster Bank. Document filed by Universitas Education, LLC. (Attachments: #1 Text of Proposed Order Proposed Stipulation)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
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 fourteen (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)
April 22, 2016 Opinion or Order Filing 597 DECLARATION of Paula K. Colbath in Support re: (372 in 1:11-cv-08726-LTS-HBP, 595 in 1:11-cv-01590-LTS-HBP) MOTION for Turnover of Funds from Webster Bank.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
April 22, 2016 Opinion or Order Filing 596 MEMORANDUM OF LAW in Support re: (595 in 1:11-cv-01590-LTS-HBP, 372 in 1:11-cv-08726-LTS-HBP) MOTION for Turnover of Funds from Webster Bank. . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
April 22, 2016 Opinion or Order Filing 595 MOTION for Turnover of Funds from Webster Bank. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
April 14, 2016 Opinion or Order Filing 594 LETTER addressed to Judge Laura Taylor Swain from Matthew J. Brief dated April 14, 2016 re: Docket No. 592. Document filed by Nova Group, Inc. (Attachments: #1 Exhibit Letter dated October 4, 2013, #2 Exhibit Bank Statement, #3 Exhibit First Page Nova Tax Return, #4 Exhibit Connecticut Dept. of State Report)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Kleiman, Ira)
April 11, 2016 Opinion or Order Filing 593 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated 4/6/2016 re: We respectfully ask that the Court extend the April 13 deadline for Mr. Carpenter's deposition in this matter by 60 days, until June 10, 2016. ENDORSEMENT: Application granted., ( Deposition due by 6/10/2016.) (Signed by Magistrate Judge Henry B. Pitman on 4/8/2016) (lmb)
March 31, 2016 Opinion or Order Filing 592 REPORT AND RECOMMENDATION: I respectfully recommend that a sanction of $25,000 be imposed on Nova, payable to the Clerk of the Court. Objections to R&R due by 4/18/2016. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 3/31/2016) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP Copies Sent By Chambers. (lmb)
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, Universitas' 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'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).
March 23, 2016 Opinion or Order Set/Reset Deadlines: Deposition due by 4/13/2016. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(lmb)
December 21, 2015 Opinion or Order CERTIFICATION OF JUDGMENT issued on December 21, 2015, in favor of Petitioner and against the Turnover Respondents as follows: against Daniel E. Carpenter in the amount of $30,000,000.00; 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; against 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 Benefit 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; liability under the judgments is jointly and severally. (km)
December 11, 2015 Opinion or Order Filing 590 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/10/15 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...(Siwik, Christine)
December 11, 2015 Opinion or Order Filing 589 TRANSCRIPT of Proceedings re: Conference held on 11/10/2015 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Samuel Mauro, (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 1/4/2016. Redacted Transcript Deadline set for 1/14/2016. Release of Transcript Restriction set for 3/13/2016.(Siwik, Christine)
November 30, 2015 Opinion or Order CERTIFICATION OF JUDGMENT issued on November 30, 2015, in favor of Petitioner against the Turnover Respondents as follows: against Daniel E. Carpenter in the amount of $30,000,000.00; 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; against 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 Benefit 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; liability under the judgments is jointly and severally. (km)
November 12, 2015 Opinion or Order Filing 588 ORDER: It is hereby ORDERED that: 1. The restraining notice served by Universitas Education LLC ("Universitas") on Penn Mutual Life Insurance Company ("Penn Mutual") on or about August 27, 2014 (see docket entry no. 543), and extended by order entered August 26,2015 (docket entry no. 563) is hereby AMENDED, effective immediately, so that the directive paragraph on page two thereof reads in its entirety as further set forth in this Order. 2. The above referenced restraining notice, as so amended, is hereby EXTENDED through November 30, 2016, without prejudice to applications for further extensions. 3. The request by Universitas to extend the scope of the modified Penn Mutual restraining notice to additional entities allegedly related to Judgment Debtor Carpenter is DENIED. 4. The restraining notice served by Universitas on or about August 27, 2014, on Curaleaf LLC ("Curaleaf") is hereby VACATED. 5. The remaining restraining notices that have been served by Universitas, as enumerated in docket entry numbers 563 and 579 and not otherwise addressed by this Order, having not been objected to, are hereby EXTENDED to November 30, 2016, without prejudice to applications for additional extensions. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 11/12/2015) (spo)
November 10, 2015 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 11/10/2015. Court Report present. ORDER TO SHOW CAUSE HEARING held. The Court takes under advisement, all the issues discussed on the record today and will notify parties when it renders its decision. (lan)
November 10, 2015 Opinion or Order Filing 587 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated November 10, 2015 Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
November 10, 2015 Opinion or Order Filing 586 DECLARATION of Paula K. Colbath in Support re: (360 in 1:11-cv-08726-LTS-HBP, 563 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,, (579 in 1:11-cv-01590-LTS-HBP, 363 in 1:11-cv-08726-LTS-HBP) Order to Show Cause,,,,,,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
November 2, 2015 Opinion or Order Filing 585 DECLARATION of Paula K. Colbath in Support re: #578 LETTER MOTION for Extension of Time to File Response/Reply as to #563 Order to Show Cause,,,,,,,,, addressed to Judge Laura Taylor Swain from Paula K. Colbath dated September 25, 2015.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A - 1/30/15 D'Angelo email to Labelle, #2 Exhibit B - Charging Order)(Colbath, Paula)
November 2, 2015 Opinion or Order Filing 584 REPLY MEMORANDUM OF LAW in Support re: #578 LETTER MOTION for Extension of Time to File Response/Reply as to #563 Order to Show Cause,,,,,,,,, addressed to Judge Laura Taylor Swain from Paula K. Colbath dated September 25, 2015. . Document filed by Universitas Education, LLC. (Colbath, Paula)
October 2, 2015 Opinion or Order Filing 583 ORDER FOR ADMISSION PRO HAC VICE granting #577 Motion for Robert J. Mancuso to Appear Pro Hac Vice. DE # 577 resolved. (Signed by Judge Laura Taylor Swain on 10/1/2015) (ajs)
September 25, 2015 Opinion or Order Filing 582 DECLARATION of Paula K. Colbath in Support re: (363 in 1:11-cv-08726-LTS-HBP, 579 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,. Document filed by Universitas Education, LLC. (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, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
September 25, 2015 Opinion or Order Filing 581 MEMORANDUM OF LAW in Support re: (579 in 1:11-cv-01590-LTS-HBP, 363 in 1:11-cv-08726-LTS-HBP) Order to Show Cause,,,,,, . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
September 25, 2015 Opinion or Order Filing 580 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 9/24/2015 re: October 8 hearing be adjourned to November 12, 2015 (at the same time of 3:30 pm), with opposition papers due October 19 and reply papers due November 2. ENDORSEMENT: The hearing is adjourned to November 10, 2015, at 2:00pm and the proposed modification of the briefing schedule is approved. (Signed by Judge Laura Taylor Swain on 9/24/2015) (kl)
September 25, 2015 Opinion or Order Filing 579 SUPPLEMENTAL ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Defendants show cause before the Hon. Laura Taylor Swain, at the United States Courthouse, 500 Pearl Street, Courtroom 12D, in the City, County and State of New York, on November 10, 2015, 2:00 p.m. as to why an Order should not be issued, pursuant to Fed. R. Civ. P. 69(a)(1) and N.Y.C.P.L.R. 5240 extending the expiration date of restraining notices served by Universitas on several third-party garnishees, which currently expire on or around September 24, 2015 until Universitas' Judgments against Judgment Debtors' Nova Group, Inc., Daniel Carpenter, Grist Mill Trust Welfare Benefit Plan and any trustees and plan sponsors thereof insofar as they hold Grist Mill Trust assets, Grist Mill Capital, LLC, Grist Mill Holdings, LLC, Carpenter Financial Group, Avon Capital, LLC, Phoenix Capital Management, LLC, and Hanover Trust Company are satisfied in full (collectively, the "Judgment Debtors"). ORDERED that any papers in opposition to Plaintiffs motion shall be served upon counsel for Universitas through the ECF system on or before October 19, 2015, and that any reply papers shall be served through the ECF system on or before November 2, 2015. Courtesy copies must be provided for chambers of the undersigned at the time of filing. (Show Cause Hearing set for 11/10/2015 at 02:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/24/2015) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(kl)
September 25, 2015 Opinion or Order Filing 578 LETTER MOTION for Extension of Time to File Response/Reply as to #563 Order to Show Cause,,,,,,,,, addressed to Judge Laura Taylor Swain from Paula K. Colbath dated September 25, 2015. Document filed by Universitas Education, LLC.(Colbath, Paula)
September 25, 2015 Opinion or Order Filing 577 MOTION to Appear Pro Hac Vice by Robert J. Mancuso. Filing fee $ 200.00, receipt number 0208-11431469. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Penn Mutual Life Insurance Company,. (Attachments: #1 Proposed Order)(Mancuso, Robert)
September 25, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #577 MOTION to Appear Pro Hac Vice by Robert J. Mancuso. Filing fee $ 200.00, receipt number 0208-11431469. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 23, 2015 Opinion or Order Filing 576 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Penn Mutual Life Insurance Company,.(Villanueva, Katherine)
September 21, 2015 Opinion or Order Filing 575 DECLARATION of KATHY KEHOE in Opposition re: #563 Order to Show Cause,,,,,,,,,. Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust, Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan)
September 21, 2015 Opinion or Order Filing 574 DECLARATION of MOLLY CARPENTER in Opposition re: #563 Order to Show Cause,,,,,,,,,. Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust, Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan)
September 21, 2015 Opinion or Order Filing 573 RESPONSE TO ORDER TO SHOW CAUSE re: #563 Order to Show Cause,,,,,,,,,. Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust, Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan)
September 21, 2015 Opinion or Order Filing 572 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust.(LaBelle, Dan)
September 18, 2015 Opinion or Order Filing 571 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #574 Declaration) - DECLARATION of Molly Carpenter in Opposition re: #559 MOTION for Protective Order AND OBJECTION TO MOTION FOR LEAVE CONCERNING DEPOSITION OF DANIEL CARPENTER.. Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust, Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan) Modified on 9/22/2015 (db).
September 18, 2015 Opinion or Order Filing 570 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #575 Declaration) - DECLARATION of Kathy Kehoe in Opposition re: #559 MOTION for Protective Order AND OBJECTION TO MOTION FOR LEAVE CONCERNING DEPOSITION OF DANIEL CARPENTER.. Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust, Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan) Modified on 9/22/2015 (db).
September 18, 2015 Opinion or Order Filing 569 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #573 Response) - MEMORANDUM OF LAW in Opposition re: #559 MOTION for Protective Order AND OBJECTION TO MOTION FOR LEAVE CONCERNING DEPOSITION OF DANIEL CARPENTER. . Document filed by Benistar 419 Plan and Trust, GMT Living Benefits Trust, Grist Mill Partners LLC, Life One Welfare Benefit Trust, Nutmeg Trust, Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan) Modified on 9/22/2015 (db).
September 18, 2015 Opinion or Order Filing 568 NOTICE OF APPEARANCE by Dan E. LaBelle on behalf of Benistar 419 Plan and Trust, GMT Living Benefits Trust, Nutmeg Trust, Life One Welfare Benefit Trust, Grist Mill Partners LLC. (LaBelle, Dan)
September 18, 2015 Opinion or Order Filing 567 RESPONSE TO ORDER TO SHOW CAUSE re: #563 Order to Show Cause,,,,,,,,,. Document filed by The Penn Mutual Life Insurance Company,. (Attachments: #1 Exhibit A)(Villanueva, Katherine)
September 18, 2015 Opinion or Order Filing 566 NOTICE OF APPEARANCE by Katherine Leigh Villanueva on behalf of The Penn Mutual Life Insurance Company,. (Villanueva, Katherine)
August 26, 2015 Opinion or Order Filing 565 DECLARATION of Paula K. Colbath in Support re: (360 in 1:11-cv-08726-LTS-HBP, 563 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,,. Document filed by Universitas Education, LLC. (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)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
August 26, 2015 Opinion or Order Filing 564 MEMORANDUM OF LAW re: (360 in 1:11-cv-08726-LTS-HBP, 563 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,, . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
August 26, 2015 Opinion or Order Filing 563 ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Defendants show cause before the Hon. Laura Taylor Swain, at the United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on October 8, 2015, at 3:30 p.m., as to why an Order should not be issued, pursuant to Fed. R. Civ. P. 69(a)(1) and N.Y. C.P.L.R. 5240 extending the expiration date of restraining notices served by Universitas on several third-party garnishees, which currently expire on or around August 27, 2015, until Universitas' Judgments against Judgment Debtors' Nova Group, Inc., Daniel Carpenter, Grist Mill Trust Welfare Benefit Plan and any trustees and plan sponsors thereof insofar as they hold Grist Mill Trust assets, Grist Mill Capital, LLC, Grist Mill Holdings, LLC, Carpenter Financial Group, Avon Capital, LLC, Phoenix Capital Management, LLC, and Hanover Trust Company are satisfied in full (collectively, the "Judgment Debtors"); AND IT IS FURTHER: ORDERED, that pending the determination of Universitas' application for an extension of the expiration date of said restraining notices, the restraining notices previously served on the following third-party garnishees shall remain in effect: 1. Lincoln Financial Group and Lincoln National Life Insurance Company; 2. The Penn Mutual Life Insurance Company; 3. Curaleaf, LLC; 4. United Services Automobile Association; 5. Webster Bank; 6. People's United Bank; 7. AXA Equitable Life Insurance/MONY Life Insurance; 8. John Hancock Insurance; 9. Sun Life Financial and Sun Life Assurance Co. of Canada; 10. PHL Variable Insurance Co and PHL Variable Life Insurance Co.; and 11. American National Insurance Company of New York. ORDERED that service of a copy of this Order, together with the underlying papers upon which it was granted, be made through the Electronic Case Filing ("ECF") system upon the Judgment Debtors' counsel who have appeared in this action; ORDERED that any papers in opposition to Plaintiff's motion shall be served upon counsel for Universitas through the ECF system on or before September 18, 2015, and that any reply papers shall be served through the ECF system on or before September 25, 2015. Show Cause Hearing set for 10/8/2015 at 03:30 PM before Judge Laura Taylor Swain. (Signed by Judge Analisa Torres on 8/26/2015) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(ajs)
July 17, 2015 Opinion or Order ABSTRACT OF JUDGMENT in favor of Universitas Education and against the Turnover Respondents as follows: against Daniel E. Carpenter in the amount of $30,000,000.00; 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; against 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 Benefit 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; with a total sum of $110,737,073.73. (km)
July 17, 2015 Opinion or Order ABSTRACT OF JUDGMENT in favor of Universitas Education, LLC and against Nova Group, Inc. in the amount of $30,181.880.30. (km)
June 3, 2015 Opinion or Order Filing 562 NOTICE of Withdrawal. Document filed by Universitas Education, LLC. (Reyhani, Bryan)
May 18, 2015 Opinion or Order Filing 561 REPLY MEMORANDUM OF LAW in Support re: (553 in 1:11-cv-01590-LTS-HBP, 354 in 1:11-cv-08726-LTS-HBP) MOTION to Take Deposition from Judgment Debtor Daniel Carpenter ., (559 in 1:11-cv-01590-LTS-HBP) MOTION for Protective Order AND OBJECTION TO MOTION FOR LEAVE CONCERNING DEPOSITION OF DANIEL CARPENTER. . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
May 12, 2015 Opinion or Order Filing 560 MANDATE of USCA (Certified Copy) as to (541 in 1:11-cv-01590-LTS-HBP, 343 in 1:11-cv-08726-LTS-HBP) Notice of Appeal, filed by Nova Group, Inc, (318 in 1:11-cv-01590-LTS-HBP, 218 in 1:11-cv-08726-LTS-HBP) Notice of Appeal, filed by Nova Group, Inc USCA Case Number 13-4154(L); 14-4698 (con). The appeals in the above captioned case from the September 30, 2013 memorandum and order and the December 18, 2014 order of the United States District Court for the Southern District of New York were argued on the district courts record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the December 18, 2014 Order of the district court is VACATED, as is that portion of the September 20, 2014 Order directing Appellant to deposit $30,181,880.30. This matter is hereby REMANDED for further proceedings in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/12/2015. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(nd)
May 12, 2015 Opinion or Order Transmission of USCA Mandate to the District Judge re: (560 in 1:11-cv-01590-LTS-HBP, 358 in 1:11-cv-08726-LTS-HBP) USCA Mandate,,,,. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(nd)
May 11, 2015 Opinion or Order Filing 559 MOTION for Protective Order AND OBJECTION TO MOTION FOR LEAVE CONCERNING DEPOSITION OF DANIEL CARPENTER. Document filed by Daniel E Carpenter.(Slossberg, David)
May 1, 2015 Opinion or Order Filing 558 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated 4/30/2015 re: Request that docket entry numbers 554 and 555 be filed under seal. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge Henry B. Pitman on 4/30/2015) (rjm)
May 1, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #558 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
April 30, 2015 Opinion or Order Filing 557 NOTICE OF APPEARANCE by David Andrew. Slossberg on behalf of Daniel E Carpenter. (Slossberg, David)
April 30, 2015 Opinion or Order Filing 556 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Henry B. Pitman. Motions referred to Henry B. Pitman. (Signed by Judge Laura Taylor Swain on 4/29/2015) (ajs)
April 23, 2015 Opinion or Order Filing 555 DECLARATION of Paula K. Colbath in Support re: (553 in 1:11-cv-01590-LTS-HBP, 354 in 1:11-cv-08726-LTS-HBP) MOTION to Take Deposition from Judgment Debtor Daniel Carpenter .. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
April 23, 2015 Opinion or Order Filing 554 MEMORANDUM OF LAW in Support re: (553 in 1:11-cv-01590-LTS-HBP, 354 in 1:11-cv-08726-LTS-HBP) MOTION to Take Deposition from Judgment Debtor Daniel Carpenter . . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
April 23, 2015 Opinion or Order Filing 553 MOTION to Take Deposition from Judgment Debtor Daniel Carpenter . Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit of Service)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS-HBP(Colbath, Paula)
April 22, 2015 Opinion or Order Filing 552 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Motion for sanctions (remanded). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Laura Taylor Swain on 4/22/2015) (ajs)
April 21, 2015 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: (352 in 1:11-cv-08726-LTS, 551 in 1:11-cv-01590-LTS-HBP) USCA Order. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS. (tp)
April 20, 2015 Opinion or Order Filing 551 TRUE COPY ORDER of USCA as to (541 in 1:11-cv-01590-LTS-HBP, 343 in 1:11-cv-08726-LTS) Notice of Appeal, filed by Nova Group, Inc, (318 in 1:11-cv-01590-LTS-HBP, 218 in 1:11-cv-08726-LTS) Notice of Appeal, filed by Nova Group, Inc USCA Case Number 13-4154(L) 14-4698(Con). The appeals in the above captioned case from the September 30, 2013 memorandum and order and the December 18, 2014 order of the United States District Court for the Southern District of New York were argued on the district courts record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the December 18, 2014 Order of the district court is VACATED, as is that portion of the September 20, 2014 Order directing Appellant to deposit $30,181,880.30. This matter is hereby REMANDED for further proceedings in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 4/20/2015. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(tp)
April 20, 2015 Opinion or Order Filing 550 TRUE COPY ORDER of USCA as to (541 in 1:11-cv-01590-LTS-HBP, 343 in 1:11-cv-08726-LTS) Notice of Appeal, filed by Nova Group, Inc, (318 in 1:11-cv-01590-LTS-HBP, 218 in 1:11-cv-08726-LTS) Notice of Appeal, filed by Nova Group, Inc. USCA Case Number 13-4154-cv; 14-4698-cv. For the reasons given above, the December 18, 2014 Order of the district court is VACATED, as is that portion of the September 20, 2014 Order directing Nova to deposit $30,181,880.30. This matter is hereby REMANDED for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 4/20/2015. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(tp)
April 20, 2015 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: (550 in 1:11-cv-01590-LTS-HBP, 351 in 1:11-cv-08726-LTS) USCA Order. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS. (tp)
March 16, 2015 Opinion or Order Filing 549 LETTER addressed to Clerk of the Court from Douglas DePaola dated 3/11/2015 re: Restraining notice. (ajs)
January 29, 2015 Opinion or Order Filing 548 NOTICE OF APPEARANCE by Jonathan Frank Hollis on behalf of Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Hollis, Jonathan)
January 29, 2015 Opinion or Order Filing 547 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIALS: Regarding procedures to be followed that shall govern the handling of confidential material. IT IS SO ORDERED in accordance with the foregoing stipulation. (Signed by Judge Laura Taylor Swain on 1/28/2015) (ajs)
January 22, 2015 Opinion or Order Filing 546 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated January 22, 2015 re: Stipulation and Proposed Protective Order. Document filed by Universitas Education, LLC. (Attachments: #1 Stipulation and Proposed Protective Order)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
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 Protective 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)
December 31, 2014 Opinion or Order Filing 544 ORDER MODIFYING RESTRAINING NOTICES SERVED ON GRIST MILL TRUST WELFARE BENEFIT PLAN, HANOVER BENEFIT PLANS, LLC AND WEBSTER BANK, N.A.: IT IS HEREBY ORDERED that: The Restraining Notices are modified under the following terms and conditions: All monies received by GMT, including monies received from employers who participate in the GMT welfare benefit plan must be deposited in the bank account GMT maintains at Webster Bank, N.A. (Account No. XXXXXXX419 standing in the name of "Grist Mill Trust" with Kathy Kehoe as the only signatory). Pending further order of the Court, GMT may use only this designated account for GMT's receipt and deposit of monies and other banking activities. GMT shall not open and/or use any other bank, brokerage or similar accounts or change the authorized signatory on the Webster account ending in "419." All individuals who perform work for or on behalf of GMT and HBP shall be given notice by Kathy Kehoe of the Order once it has been signed and entered by the Court. Kath Kehoe will furnish a list of the foregoing individuals within seven (7) days of entry of this Order, as set forth within. (Signed by Judge Laura Taylor Swain on 12/31/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ajs)
December 23, 2014 Opinion or Order Filing 543 LETTER addressed to Judge Laura Taylor Swain from Frank D'Angelo dated December 23, 2014 re: Status Report. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(D'Angelo, Frank)
December 23, 2014 Opinion or Order Filing 542 LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle, Esq. dated 12/23/2014 re: Proposed Order on consent. Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Proposed Order)(LaBelle, Dan)
December 22, 2014 Opinion or Order Filing 541 NOTICE OF APPEAL from (534 in 1:11-cv-01590-LTS-HBP) Order,,,. Document filed by Nova Group, Inc. Filing fee $ 505.00, receipt number 0208-10434917. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Stavis, Roger)
December 22, 2014 Opinion or Order Filing 540 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/16/14 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)
December 22, 2014 Opinion or Order Filing 539 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/16/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Michael McDaniel, (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 1/15/2015. Redacted Transcript Deadline set for 1/26/2015. Release of Transcript Restriction set for 3/26/2015.(Rodriguez, Somari)
December 22, 2014 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (541 in 1:11-cv-01590-LTS-HBP, 343 in 1:11-cv-08726-LTS) Notice of Appeal,. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(nd)
December 22, 2014 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (541 in 1:11-cv-01590-LTS-HBP, 343 in 1:11-cv-08726-LTS) Notice of Appeal, filed by Nova Group, Inc were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(nd)
December 19, 2014 Opinion or Order Filing 538 LETTER addressed to Judge Laura Taylor Swain from Michael H. Bloom dated 12/19/14 re: Universitas Education v Nova Group. Document filed by Gerald H Willaims.(Bloom, Michael)
December 19, 2014 Opinion or Order Filing 537 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION for Protective Order Costs, Fees and Sanctions. . Document filed by Gerald H Willaims. (Attachments: #1 Exhibit)(Bloom, Michael)
December 19, 2014 Opinion or Order Filing 536 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (329 in 1:11-cv-08726-LTS, 517 in 1:11-cv-01590-LTS-HBP) CROSS MOTION for Turnover . (Post-Hearing Submission). Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 19, 2014 Opinion or Order Filing 535 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #502 MOTION for Protective Order . MOTION for Sanctions . . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
December 18, 2014 Opinion or Order Filing 534 ORDER: The United States Court of Appeals for the Second Circuit entered a remand order on December 10, 2014, directing this Court to clarify "the disposition of the proposed $30 million sanction after it is paid into the court." (See docket entry no. 522 in case no. 11CV1590.) Therefore, the Order of this Court entered on September 30, 2013, (docket entry no. 295 in case no. 11CV1590) is hereby modified insofar as respondent Nova Group, Inc. is ordered to deposit the $30,181,880.30, as a sanction, with the Clerk of the Court, for payment to petitioner Universitas Education, LLC in satisfaction of the judgment up to the outstanding amount of the judgment with any excess to be paid to the general sanction fund of the Court. (Signed by Judge Laura Taylor Swain on 12/18/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(mro)
December 18, 2014 Opinion or Order Filing 533 MEMORANDUM ORDER granting (396) Motion for Reconsideration in case 1:11-cv-01590-LTS-HBP. For the foregoing reasons, the motion for reconsideration is granted. On reconsideration, the February Order (docket entry no. 376) is withdrawn insofar as it finds Mr. Bursey in contempt of the August 17 Order. This Order resolves docket entry number 396 in case number 11 Civ. 1590. (Signed by Judge Laura Taylor Swain on 12/18/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (mro)
December 16, 2014 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 12/16/2014. ORDER TO SHOW CAUSE HEARING held. Universitas written status report due by 12/23/2014. Post hearing submissions due by 12/19/2014. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lan)
December 15, 2014 Opinion or Order Filing 532 ORDER: The movants, Universitas Education, LLC, Grist Mill Trust, Sickness, Accident, Disability Indemnity Trust 2005, Gerald H. Williams, Keith Kornovich, Mark Kornovich, and Minneapolis Trailer Sales, Inc., are directed to be prepared to address at the hearing on December 16, 2014, whether motions for protective orders modifying restraining notices and for turnover of assets are appropriate vehicles in this federal action for determination of interests of judgment debtor Grist Mill Trust, the other movants, and unrepresented third parties in the disputed assets. Specifically, the movants should address whether the pending summary proceedings concerning disputed legal and factual issues should be dismissed without prejudice to plenary proceedings in appropriate fora with all necessary parties joined. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/15/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ajs)
December 15, 2014 Opinion or Order Filing 531 ORDER: The Court has received a request from Concierge Legacy Advisors ("Concierge"), an entity that received a third-party subpoena in the above captioned action, to monitor telephonically, without appearing, the hearing scheduled for Tuesday, December 16, 2014. The request is granted. Counsel for Concierge is directed to contact Michael H. Bloom, Esq., to arrange for participation in the conference call to monitor the hearing. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/15/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ajs)
December 12, 2014 Opinion or Order Filing 530 DECLARATION of Frank D. D'Angelo in Support re: (329 in 1:11-cv-08726-LTS, 517 in 1:11-cv-01590-LTS-HBP) CROSS MOTION for Turnover .. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 4)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(D'Angelo, Frank)
December 12, 2014 Opinion or Order Filing 529 MEMO ENDORSEMENT on re: (527 in 1:11-cv-01590-LTS-HBP, 335 in 1:11-cv-08726-LTS) Letter, filed by Universitas Education, LLC. ENDORSEMENT: The Clerk of Court is directed to seal Exhibits 1 and 4. Universitas is directed to file redacted versions on the public docket promptly. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/12/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ajs) (Main Document 529 replaced on 12/12/2014) (ajs).
December 12, 2014 Opinion or Order Filing 528 LETTER addressed to Judge Laura Taylor Swain from Michael H. Bloom dated 12/12/2014 re: Universitas Education v Nova Group. Document filed by Gerald H Willaims.(Bloom, Michael)
December 12, 2014 Opinion or Order Filing 527 LETTER addressed to Judge Laura Taylor Swain from Frank D. D'Angelo dated December 12, 2014 re: Request to Seal. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(D'Angelo, Frank)
December 12, 2014 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: (529 in 1:11-cv-01590-LTS-HBP, 336 in 1:11-cv-08726-LTS) Memo Endorsement,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ajs)
December 11, 2014 Opinion or Order Filing 526 REPLY MEMORANDUM OF LAW in Opposition re: (329 in 1:11-cv-08726-LTS) CROSS MOTION for Turnover . and in Support of Motion for Protective Order (Doc. 497). Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Seehawer Decl (Ex. A); Baldwin Decl (Ex. B))Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
December 11, 2014 Opinion or Order Filing 525 REPLY MEMORANDUM OF LAW in Support re: #507 MOTION for Protective Order Costs, Fees and Sanctions. . Document filed by Gerald H Willaims. (Bloom, Michael)
December 11, 2014 Opinion or Order Filing 524 DECLARATION of Kristin B. Rowell in Support re: #502 MOTION for Protective Order . MOTION for Sanctions .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
December 11, 2014 Opinion or Order Filing 523 REPLY MEMORANDUM OF LAW in Support re: #502 MOTION for Protective Order . MOTION for Sanctions . . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
December 10, 2014 Opinion or Order Filing 522 ORDER of USCA (Certified Copy) as to (318 in 1:11-cv-01590-LTS-HBP, 218 in 1:11-cv-08726-LTS) Notice of Appeal, filed by Nova Group, Inc USCA Case Number 13-4154. It is hereby ORDERED that this matter is REMANDED to the district court for the limited purpose of allowing the district court, within 30 calender days' of the issuance of this order, to set forth the disposition for the proposed $30 million sanction after it is paid into the court. This panel retains jurisdiction over the pending appeal, pursuant to United States v. Jacobson, 15 F.3d 19, 2122 (2d Cir. 1994), for disposition on the merits.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/10/2014. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(nd)
December 8, 2014 Opinion or Order Filing 521 ORDER granting #513 Letter Motion for Conference. The request is granted. Counsel must arrange a conference call with any other telephone participants and then call in. Contact the Courtroom Deputy (212 805 0424) for call-in instructions by December 12, 2014. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/8/2014) (ajs)
December 5, 2014 Opinion or Order Filing 520 NOTICE OF APPEARANCE by Frank David D'Angelo on behalf of Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(D'Angelo, Frank)
December 4, 2014 Opinion or Order Filing 519 MEMORANDUM OF LAW in Support re: (329 in 1:11-cv-08726-LTS, 517 in 1:11-cv-01590-LTS-HBP) CROSS MOTION for Turnover . . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 4, 2014 Opinion or Order Filing 518 DECLARATION of Paula K. Colbath in Support re: (329 in 1:11-cv-08726-LTS, 517 in 1:11-cv-01590-LTS-HBP) CROSS MOTION for Turnover .. Document filed by Universitas Education, LLC. (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, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 4, 2014 Opinion or Order Filing 517 CROSS MOTION for Turnover . Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 3, 2014 Opinion or Order Filing 516 ORDER granting in part and denying in part (514) Letter Motion for Extension of Time in case 1:11-cv-01590-LTS-HBP; granting in part and denying in part (326) Letter Motion for Extension of Time in case 1:11-cv-08726-LTS. The requested page extension for a consolidated motion is granted. The adjournment requests are denied. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/3/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (ajs)
December 2, 2014 Opinion or Order Filing 514 LETTER MOTION for Extension of Time on Deadlines on Pending Motions addressed to Judge Laura Taylor Swain from Paula K. Colbath dated December 2, 2014. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 1, 2014 Opinion or Order Filing 513 LETTER MOTION for Conference addressed to Judge Laura Taylor Swain from Michael H. Bloom dated 12/01/2014. Document filed by Gerald H Willaims.(Bloom, Michael)
December 1, 2014 Opinion or Order Filing 512 ORDER granting #511 Letter Motion for Conference. The request to appear telephonically is granted. Counsel must contact the Courtroom Deputy (212 805 0424) for call-in instructions by December 12, 2014. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/1/2014) (ajs)
November 26, 2014 Opinion or Order Filing 515 ORDER granting (506) Letter Motion for Extension of Time to File Response/Reply (Responses due by 12/4/2014, Replies due by 12/11/2014.) in case 1:11-cv-01590-LTS-HBP. The requested extension is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/25/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (ajs)
November 26, 2014 Opinion or Order Filing 511 LETTER MOTION for Conference re: #503 Notice (Other) addressed to Judge Laura Taylor Swain from Kristin B. Rowell dated Nov. 26, 2014. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc..(Rowell, Kristin)
November 25, 2014 Opinion or Order Filing 510 NOTICE of Motion for a Protective Order re: #507 MOTION for Protective Order Costs, Fees and Sanctions.. Document filed by Gerald H Willaims. (Bloom, Michael)
November 25, 2014 Opinion or Order Filing 509 DECLARATION of Michael H. Bloom in Support re: #507 MOTION for Protective Order Costs, Fees and Sanctions.. Document filed by Gerald H Willaims. (Bloom, Michael)
November 25, 2014 Opinion or Order Filing 508 MEMORANDUM OF LAW in Support re: #507 MOTION for Protective Order Costs, Fees and Sanctions. . Document filed by Gerald H Willaims. (Bloom, Michael)
November 25, 2014 Opinion or Order Filing 507 MOTION for Protective Order Costs, Fees and Sanctions. Document filed by Gerald H Willaims.(Bloom, Michael)
November 25, 2014 Opinion or Order Filing 506 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Laura Taylor Swain from Paula K. Colbath dated November 25, 2014. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 20, 2014 Opinion or Order Filing 505 DECLARATION of KRISTIN B. ROWELL in Support re: #502 MOTION for Protective Order . MOTION for Sanctions .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20)(Rowell, Kristin)
November 20, 2014 Opinion or Order Filing 504 MEMORANDUM OF LAW in Support re: #502 MOTION for Protective Order . MOTION for Sanctions . . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
November 20, 2014 Opinion or Order Filing 503 NOTICE of OF MOTION FOR PROTECTIVE ORDER AND SANCTIONS re: #502 MOTION for Protective Order . MOTION for Sanctions .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
November 20, 2014 Opinion or Order Filing 502 MOTION for Protective Order ., MOTION for Sanctions . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc..(Rowell, Kristin)
November 18, 2014 Opinion or Order Filing 501 MEMO ENDORSEMENT on ATTORNEY'S MOTION ON CONSENT TO WITHDRAW HIS APPEARANCE AS COUNSEL OF RECORD granting #499 Motion to Withdraw as Attorney. Attorney Michael Steven Barnett terminated. The motion is granted. DE # 499 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/18/2014) (ja) Modified on 12/3/2014 (tro).
November 17, 2014 Opinion or Order Filing 500 DECLARATION of Michael Barnett in Support re: (320 in 1:11-cv-08726-LTS, 499 in 1:11-cv-01590-LTS-HBP) MOTION for Michael Barnett to Withdraw as Attorney .. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit Declaration of Sharon Siebert)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
November 17, 2014 Opinion or Order Filing 499 MOTION for Michael Barnett to Withdraw as Attorney . Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
November 14, 2014 Opinion or Order Filing 498 ORDER TO SHOW CAUSE ON APPLICATION FOR PROTECTIVE ORDER LIMITING ENFORCEMENT PROCEDURES AGAINST GRIST MILL TRUST WELFARE BENEFIT PLAN AND DENYING ANY ENFORCEMENT PROCEDURE AGAINST SICKNESS, ACCIDENT, DISABILITY INDEMNITY TRUST 2005: Judgment Creditor Universitas Education, LLC shall show cause as to why a Protective Order should not be issued, pursuant to Fed. R. Civ. P. 69(a)(1) and N.Y. C.P.L.R. 5240 modifying the Restraining Notices served by Universitas Education LLC on GMT and JPMorgan Chase Bank N.A. and vacating the Restraining Notices served on any insurance company which has issued life insurance or annuity policies to GMT and SADI, including but not limited to Penn Mutual insurance company, Life Insurance Company of the Southwest and Lincoln Financial Group, subject to the entry of an Order imposing conditions on the conduct of GMT's affairs, as described on page 13 of the Memorandum of Law in support of the instant application (DE # 497-3.) IT IS FURTHER: ORDERED that service of a copy of this Order, together with the underlying papers upon which it was granted, be made through the Electronic Case Filing ("ECF") system upon Universitas' attorneys Michael Barrett, Esq. and Paula Colbath, Esq., who have appeared in this action: ORDERED that service of a copy of this Order, together with the underlying papers upon which it was granted, be made by overnight delivery to JPM Chase (or any other bank where GPM intends to hold accounts), Penn Mutual, LSW, Lincoln Financial, the estate representative of the decedent whose death has resulted in the claim for death benefits, and the participating employees who are the subjects of the proposed policy transfers and loan transactions. ORDERED that any opposing affidavits, declarations, memorandum of law, or other material shall be served upon counsel for GMT through the ECF system on or before 6 p.m. on November 26, 2014, and that any reply affidavits, declarations, memorandum of law, or other materials shall be served through the ECF system on or before 6 p.m. on December 3, 2014. Show Cause Hearing set for 12/16/2014 at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/14/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ajs)
November 13, 2014 Opinion or Order Filing 497 LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated November 13, 2014 re: Submitting Proposed Order to Show Cause, Declaration and Memorandum in Support of Motion for Protective Order. Document filed by Grist Mill Trust Welfare Benefit Plan, Sickness, Accident, Disabilty Indemnity Trust 2005. (Attachments: #1 Exhibit [Proposed] Order to Show Cause, #2 Exhibit Declaration of Kathy Kehoe With Exhibit, #3 Exhibit Memorandum in Suport of Motion for Protective Order)(LaBelle, Dan)
November 13, 2014 Opinion or Order Filing 496 LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated November 13, 2014 re: Submitting Proposed Order to Show Cause to Bring On Motion for Protective Order on Behalf of Grist Mill Trust and Sickness Accident Disabilty Indemnity Trust. Document filed by Sickness, Accident, Disabilty Indemnity Trust 2005.(LaBelle, Dan)
November 13, 2014 Opinion or Order Filing 495 NOTICE OF APPEARANCE by Dan E. LaBelle on behalf of Sickness, Accident, Disabilty Indemnity Trust 2005. (LaBelle, Dan)
November 13, 2014 Opinion or Order Filing 494 NOTICE OF APPEARANCE by Dan E. LaBelle on behalf of Grist Mill Trust Welfare Benefit Plan. (LaBelle, Dan)
November 5, 2014 Opinion or Order Filing 493 ORDER granting (485) Motion in case 1:11-cv-01590-LTS-HBP; granting (312) Motion in case 1:11-cv-08726-LTS. Universitas Education, LLC ("Universitas") moved on September 25, 2014, to register the judgment entered on August 15, 2014 in other judicial districts pursuant to 28 U.S.C. 1963. (Docket entry no. 485.) No opposition to this motion was filed. For substantially the reasons stated in Universitas' memorandum in support of its motion (docket entry no. #496 ), and supported by the September 25, 2014 Declaration of Michael Barnett (docket entry no. #487 ), the motion is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/5/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (ajs)
November 5, 2014 Opinion or Order Filing 492 ORDER denying (481) Motion for Reconsideration in case 1:11-cv-01590-LTS-HBP; denying (308) Motion for Reconsideration in case 1:11-cv-08726-LTS. For the foregoing reasons, Respondents' motion for reconsideration is denied in its entirety. This Order resolves docket entry number 481. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 11/5/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (ajs)
November 5, 2014 Opinion or Order CLERK'S CERTIFICATION OF JUDGMENT FOR REGISTRATION IN ANOTHER DISTRICT (AO451) FORM: issued on November 5, 2014 in favor of Petitioner as against varuious Respondents. Issued on Judges Order dated November 5, 2014 for Judgment that was filed on August 12, 2014. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(dt)
October 8, 2014 Opinion or Order Filing 491 CLERK'S JUDGMENT: That for the reasons stated in the Court's Amended Order dated October 8, 2014, Universitas is granted $1,131,472.84 in attorneys' fees and costs, and $134,015.85 in post-judgment interest against Nova, without prejudice to further interest accruals on unsatisfied amounts; Universitas' request to reduce the October 5, 2012, attorneys' fee award of $268,810.01 against Nova to judgment is granted. (Signed by Clerk of Court Ruby Krajick on 10/8/2014) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(dt)
October 8, 2014 Opinion or Order Filing 490 AMENDED ORDER: For the aforementioned reasons, Universitas is granted $1,131,472.84 in attorneys' fees and costs, and $134,015.85 in post-judgment interest against Nova, without prejudice to further interest accruals on unsatisfied amounts. Universitas' request to reduce the October 5, 2012, attorneys' fee award of $268,810.01 against Nova to judgment is granted. The Clerk of the Court is requested to vacate the judgment entered on October 1, 2014 (docket entry no. #489 ) and enter a new judgment consistent with this Amended Order. This Amended Order resolves docket numbers #314 and #330 . SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 10/8/2014) (ajs)
October 8, 2014 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #490 Order,,, to the Judgments and Orders Clerk. (ajs)
October 1, 2014 Opinion or Order Filing 489 Vacated as per Judge's Order dated 10/8/2014, Doc. # 490 CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated September 30 2014, Universitas is granted $1,101,232.84 in attorney's fees and costs, and $132,758.93 in post-judgment interest against Nova, without prejudice to further interest accrual on unsatisfied amounts; Universitas request to reduce the October 5, 2012, attorneys' fee award of $268,810.01 against Nova to judgment is granted; Universitas is also awarded $41,329.13 in attorneys' fees against Joseph Pastore III, Esq. (Signed by Clerk of Court Ruby Krajick on 9/30/2014) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Rightt to Appeal)(dt) Modified on 10/8/2014 (ajs).
September 30, 2014 Opinion or Order Terminate Transcript Deadlines (dt)
September 30, 2014 Opinion or Order Filing 488 ORDER granting #330 Motion for Attorney Fees. As set forth within, Universitas is granted $1,101,232.84 in attorneys' fees and costs, and $132,758.93 in post-judgment interest against Nova, without prejudice to further interest accruals on unsatisfied amounts. Universitas' request to reduce the October 5, 2012, attorneys' fee award of $268,810.01 against Nova to judgment is granted. Universitas is also awarded $41,329.13 in attorneys' fees against Joseph Pastore III, Esq. The Clerk of the Court is requested to enter judgment accordingly. This order resolves docket numbers #314 and 330. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 9/30/2014) (ajs)
September 30, 2014 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #488 Order on Motion for Attorney Fees,,, to the Judgments and Orders Clerk. (ajs)
September 25, 2014 Opinion or Order Filing 487 DECLARATION of Michael Barnett in Support re: (312 in 1:11-cv-08726-LTS, 485 in 1:11-cv-01590-LTS-HBP) MOTION to Register Judgment in Other Jurisdictions .. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
September 25, 2014 Opinion or Order Filing 486 MEMORANDUM OF LAW in Support re: (312 in 1:11-cv-08726-LTS, 485 in 1:11-cv-01590-LTS-HBP) MOTION to Register Judgment in Other Jurisdictions . . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
September 25, 2014 Opinion or Order Filing 485 MOTION to Register Judgment in Other Jurisdictions . Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
September 19, 2014 Opinion or Order Filing 484 MEMORANDUM OF LAW in Opposition re: (308 in 1:11-cv-08726-LTS, 481 in 1:11-cv-01590-LTS-HBP) MOTION for Reconsideration re; (303 in 1:11-cv-08726-LTS, 474 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,,,,,,,,, . . Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
September 9, 2014 Opinion or Order Filing 483 AFFIDAVIT of Michael S. Taylor in Support re: (308 in 1:11-cv-08726-LTS) MOTION for Reconsideration re; (303 in 1:11-cv-08726-LTS, 474 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,,,,,,,,, .. Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
September 9, 2014 Opinion or Order Filing 482 MEMORANDUM OF LAW in Support re: (308 in 1:11-cv-08726-LTS) MOTION for Reconsideration re; (303 in 1:11-cv-08726-LTS, 474 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,,,,,,,,, . . Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC. (Attachments: #1 Exhibit A(1), #2 Exhibit A(2))Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
September 9, 2014 Opinion or Order Filing 481 MOTION for Reconsideration re; (303 in 1:11-cv-08726-LTS, 474 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,,,,,,,,, . Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
August 27, 2014 Opinion or Order Filing 479 NOTICE of Attorneys' Charging Lien. Document filed by Smith, Gambrell & Russell, LLP. (McCarthy, John)
August 27, 2014 Opinion or Order Filing 478 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #479) NOTICE of Attorney's Charging Lien. Document filed by Smith, Gambrell & Russell, LLP. (McCarthy, John) Modified on 9/2/2014 (lb).
August 26, 2014 Opinion or Order Filing 480 ORDER granting #477 Letter Motion for Extension of Time. The extension request is granted this resolves docket entry 306. Motions due by 9/9/2014. (Signed by Judge Laura Taylor Swain on 8/26/2014) (djc)
August 24, 2014 Opinion or Order Filing 477 LETTER MOTION for Extension of Time to file Motion for Reconsideration addressed to Judge Laura Taylor Swain from Glenn A. Duhl dated August 24, 2014. Document filed by Grist Mill Trust Welfare Benefit Plan.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
August 19, 2014 Opinion or Order Filing 476 LETTER MOTION for Extension of Time to file Motion for Reconsideration addressed to Judge Laura Taylor Swain from Michael S. Taylor dated August 19, 2014. Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
August 12, 2014 Opinion or Order Filing 475 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated August 7, 2014, Petitioner's turnover motion is granted; Petitioner is hereby granted money judgments against the Turnover Respondents as follows: against Daniel E. Carpenter in the amount of $30,000,000.00; 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; against 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 Benefit 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; liability under the judgments is jointly and severally; Petitioner's request for permanent injunctive and other equitable relief are denied; each of the third-party motions to modify the preliminary injunction, docket numbers 409, 412, and 448 in 11 Civ. 1590 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. (Signed by Clerk of Court Ruby Krajick on 08/12/2014) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) (Main Document 475 replaced on 8/13/2014) (km).
August 12, 2014 Opinion or Order Terminate Transcript Deadlines (km)
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., (429 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 hereby 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; against 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 Benefit 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 enter 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 preliminary 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)
August 7, 2014 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #474 Memorandum & Opinion,,,,,,,,,, to the Judgments and Orders Clerk. (ajs)
July 30, 2014 Opinion or Order Filing 473 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated 7/29/2014 re: Request for modification of Order doc. no. 378 in 11cv1590, which modified the preliminary injunction against Mr. Carpenter to allow GMP to enter into a real estate transaction with Curaleaf, LLC ("Curaleaf") upon certain conditions, as further specified in this letter. ENDORSEMENT: So ordered. (Signed by Judge Laura Taylor Swain on 7/29/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
July 16, 2014 Opinion or Order Filing 472 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/18/14 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)
July 16, 2014 Opinion or Order Filing 471 TRANSCRIPT of Proceedings re: ARGUMENT held on 6/18/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Debra Lyons, (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 8/11/2014. Redacted Transcript Deadline set for 8/21/2014. Release of Transcript Restriction set for 10/17/2014.(Rodriguez, Somari)
July 11, 2014 Opinion or Order Filing 470 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated July 11, 2014 re: Proposed Order on Permanent Injunction. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A)(Barnett, Michael)
July 2, 2014 Opinion or Order Filing 469 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated 7/2/14 re: Proposed Permanent Injunction Order. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Michael)
June 27, 2014 Opinion or Order Filing 468 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated 6/27/2014 re: On February 11, 2014, the Court issued an Order Modifying the Court's Preliminary Injunction Against Daniel Carpenter ("the Order") (Doc. 378). The Order modified the preliminary injunction against Mr. Carpenter to allow GMP to enter into a real estate transaction with Curaleaf, LLC ("Curaleaf") upon certain conditions. With the consent of Judgment Creditor Universitas Education LLC and Curaleaf, GMP requests that the Court modify the Order as further specified in this letter. ENDORSEMENT: The request is granted. So ordered. (Signed by Judge Laura Taylor Swain on 6/27/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
June 20, 2014 Opinion or Order Filing 467 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated June 20, 2014 re: Motion for Turnover and Permanent Injunction. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit June 18, 2014 Transcript)(Barnett, Michael)
June 20, 2014 Opinion or Order Filing 466 AFFIDAVIT OF SERVICE of Motion for Turnover and Permanent Injunction. Document filed by Universitas Education, LLC. (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)(Barnett, Michael)
June 19, 2014 Opinion or Order Filing 465 ORDER: The attached ex parte submission from Mr. Carpenter was received today. The requests are denied, without prejudice to action by Mr. Carpenter's counsel of record. (Signed by Judge Laura Taylor Swain on 6/19/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lmb)
June 18, 2014 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Oral Argument held on 6/18/2014. ORAL ARGUMENT held. The Court reserves its decision regarding the permanent injunction. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lan)
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 must 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)
June 18, 2014 Opinion or Order Filing 463 DECLARATION of KRISTIN B. ROWELL in Support re: #448 MOTION Transfer of Policies .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Attachments: #1 Exhibit 3)(Rowell, Kristin)
June 18, 2014 Opinion or Order Filing 462 REPLY MEMORANDUM OF LAW in Support re: #448 MOTION Transfer of Policies . . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
June 16, 2014 Opinion or Order Filing 461 MEMORANDUM OF LAW in Opposition re: #448 MOTION Transfer of Policies . . Document filed by Universitas Education, LLC. (Barnett, Michael)
June 16, 2014 Opinion or Order Filing 460 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction. . Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
June 16, 2014 Opinion or Order Filing 459 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction. . Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Exhibits A - C-1)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
June 16, 2014 Opinion or Order Filing 458 DECLARATION of Michael Barnett in Support re: #308 MOTION for Turnover and Permanent Injunction.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Errata B)(Barnett, Michael)
June 16, 2014 Opinion or Order Filing 457 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #308 MOTION for Turnover and Permanent Injunction. . Document filed by Universitas Education, LLC. (Barnett, Michael)
June 11, 2014 Opinion or Order Filing 456 ORDER granting (455) Letter Motion for Extension of Time in case 1:11-cv-01590-LTS-HBP; granting (295) Letter Motion for Extension of Time to File in case 1:11-cv-08726-LTS: The request is granted. The supplemental briefs are due Monday, June 16, 2014, at noon. (Signed by Judge Laura Taylor Swain on 6/11/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (tn)
June 11, 2014 Opinion or Order Filing 455 LETTER MOTION for Extension of Time to File supplemental briefing addressed to Judge Laura Taylor Swain from Michael S. Taylor dated June 11, 2014. Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
June 11, 2014 Opinion or Order Set/Reset Deadlines: Brief due by 6/16/2014. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(tn)
June 2, 2014 Opinion or Order Filing 454 ORDER granting (446) Letter Motion to Adjourn Conference in case 1:11-cv-01590-LTS-HBP; granting (292) Letter Motion to Adjourn Conference in case 1:11-cv-08726-LTS. The adjournment and extension requests are granted. Oral Argument set for 6/18/2014 at 02:30 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 5/30/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (lmb)
June 2, 2014 Opinion or Order Filing 453 DECLARATION of MARK KORNOVICH in Support re: #448 MOTION Transfer of Policies .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
June 2, 2014 Opinion or Order Filing 452 AFFIDAVIT of KEITH KORNOVICH in Support re: #448 MOTION Transfer of Policies .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Rowell, Kristin)
June 2, 2014 Opinion or Order Filing 451 AFFIDAVIT of KRISTIN B. ROWELL in Support re: #448 MOTION Transfer of Policies .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Attachments: #1 Exhibit Exhibits 1 and 2)(Rowell, Kristin)
June 2, 2014 Opinion or Order Filing 450 MEMORANDUM OF LAW in Support re: #448 MOTION Transfer of Policies . . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
June 2, 2014 Opinion or Order Filing 449 NOTICE of OF MOTION REGARDING TRANSFER OF POLICIES re: #448 MOTION Transfer of Policies .. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Rowell, Kristin)
June 2, 2014 Opinion or Order Filing 448 MOTION Transfer of Policies . Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc..(Rowell, Kristin)
June 2, 2014 Opinion or Order Set/Reset Deadlines: Brief due by 6/11/2014. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lmb)
May 30, 2014 Opinion or Order Filing 447 ORDER FOR ADMISSION PRO HAC VICE granting (445) Motion for Kristin B. Rowell to Appear Pro Hac Vice in case 1:11-cv-01590-LTS-HBP. (Signed by Magistrate Judge Henry B. Pitman on 5/30/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS. (ja)
May 30, 2014 Opinion or Order Filing 446 LETTER MOTION to Adjourn Conference and set new date addressed to Judge Laura Taylor Swain from Michael S. Taylor dated May 30, 2014. Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC. Return Date set for 6/4/2014 at 10:00 AM.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
May 29, 2014 Opinion or Order Filing 445 MOTION for Kristin B. Rowell to Appear Pro Hac Vice - SECOND CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order for Admission Pro Hac Vice)(Rowell, Kristin)
May 29, 2014 Opinion or Order Filing 444 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kristin B. Rowell to Appear Pro Hac Vice - CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keith Kornovich, Mark Kornovich, Minneapolis Trailer Sales, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Rowell, Kristin) Modified on 5/29/2014 (bcu).
May 29, 2014 Opinion or Order Filing 443 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kristin B. Rowell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9723353. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Minneapolis Trailer Sales, Inc., Keith Kornovich, Mark Kornovich.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Rowell, Kristin) Modified on 5/29/2014 (bcu).
May 29, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #445 MOTION for Kristin B. Rowell to Appear Pro Hac Vice - SECOND CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 25, 2014 Opinion or Order Filing 442 LETTER addressed to Judge Laura Taylor Swain from Carole R. Bernstein, Esq. dated May 25, 2014 re: Representation. Document filed by Avon Capital LLC, Grist Mill Capital, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Bernstein, Carole)
May 23, 2014 Opinion or Order Filing 441 ORDER. Petitioner, Universitas Education, LLC, filed a motion for turnover and permanent injunction against Respondents Daniel E. Carpenter, Charter Oak Trust Welfare, Benefit Plan, Grist Mill Capital, LLC, Grist Mill, Holdings, LLC, the Grist Mill Trust Welfare, Benefit Plan, Avon Capital, LLC, Hanover Trust, Company, Carpenter Financial Group and Phoenix Capital Management, LLC, on October 21, 2013. (Docket entry no. 308 in case no. 11 Civ. 1590.) The Court will hold an oral argument on Wednesday, June 4, 2014, at 10:00 a.m. in Courtroom 17C regarding the legal and factual entitlement of Petitioner to the non-financial remedies sought in that motion. (See docket entry no. 308 in case no. 11 Civ. 1590 at Paragraphs (b - d).) The parties are directed to submit lists of any additional case law and other authorities on which they expect to rely no later than Monday, June 2, 2014. (Oral Argument set for 6/4/2014 at 10:00 AM in Courtroom 17C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/23/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
May 22, 2014 Opinion or Order Filing 440 REPLY MEMORANDUM OF LAW in Support re: (278 in 1:11-cv-08726-LTS, 409 in 1:11-cv-01590-LTS-HBP) MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,. . Document filed by Carpenter Financial Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
May 21, 2014 Opinion or Order Filing 439 LETTER addressed to Judge Laura Taylor Swain from Michael H. Bloom dated 05/21/2014 re: Universitas' Proposed Sur-Reply. Document filed by Gerald H Willaims.(Bloom, Michael)
May 20, 2014 Opinion or Order Filing 438 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated May 20, 2014 Document filed by Universitas Education, LLC.(Colbath, Paula)
May 19, 2014 Opinion or Order Filing 437 ORDER. Mr. Robinson has offered no basis for reconsideration of the Court's orders, and his motions are denied. This order resolves docket entry numbers 301 and 390. Docket entry numbers 314 and 315 remain terminated as moot. Denying (301) Motion for Reconsideration; Denying (390) Motion for Reconsideration in case 1:11-cv-01590-LTS-HBP; Denying (269) Motion for Reconsideration; Denying (207) Motion for Reconsideration in case 1:11-cv-08726-LTS. (Signed by Judge Laura Taylor Swain on 5/19/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
May 15, 2014 Opinion or Order Filing 436 LETTER addressed to Judge Laura Taylor Swain from Roger L. Stavis, Esq. dated May 15, 2014 re: Document 435. Document filed by Nova Group, Inc..(Stavis, Roger)
May 14, 2014 Opinion or Order Filing 435 MEMO ENDORSEMENT on re: #422 Letter filed by Universitas Education, LLC. ENDORSEMENT: The foregoing requests are granted. This endorsed order resolves docket entries 314 and 315., Motions terminated: #314 MOTION for Attorney Fees filed by Universitas Education, LLC. (Signed by Judge Laura Taylor Swain on 5/13/2014) (lmb)
May 9, 2014 Opinion or Order Filing 434 REPLY MEMORANDUM OF LAW in Support re: (412 in 1:11-cv-01590-LTS-HBP) MOTION Relief from Stay to Allow Assignment of Policy re: (366) Memorandum & Opinion,. . Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Memo Exhibits A & B, #2 Korfel Declaration, #3 Korfel Declaration Exhibits A-C, #4 Korfel Declaration Exhibits D-J, #5 M. Carpenter Declaration, #6 M.Carpenter Exhibits A-B part1, #7 M.Carpenter Exhibits B part 2 - C, #8 M.Carpenter Exhibit D, #9 M.Carpenter Exhibit E part1, #10 M.Carpenter Exhibit E part 2, #11 M. Carpenter Exhibits F-H, #12 M.Carpenter Exhibits I-J, #13 Westcott Declaration, #14 Westcoff Declaration Exhibits A-G)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
May 8, 2014 Opinion or Order Filing 433 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Glenn A. Duhl, dated 5/6/2014, re: seeking a one-week extension of time, nunc pro tunc, to file a Reply to Universitas Education, LLC's Opposition to a Motion to Permit the Sale of an insurance Policy to the Grist Mill Trust dated April 25, 2014 ("Universitas' Opposition")(Doc. 420). ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 5/8/2014) (ja)
May 8, 2014 Opinion or Order Filing 432 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated May 8, 2014 re: Opposition to Motion to Strike of Gerald H. Williams, Jr.. Document filed by Universitas Education, LLC.(Barnett, Michael)
May 7, 2014 Opinion or Order Filing 431 LETTER addressed to Judge Laura Taylor Swain from Michael H. Bloom dated 05/07/14 re: Universitas Educatoin LLC v Nova Group Inc. Document filed by Gerald H Willaims.(Bloom, Michael)
May 7, 2014 Opinion or Order Filing 430 MEMORANDUM OF LAW in Support re: #429 MOTION to Strike Document No. [427-1] Universitas' "Proposed" Sur-reply Memorandum. and in Opposition to Universitas' Motion to File Sur-Reply Memorandum. Document filed by Gerald H Willaims. (Bloom, Michael)
May 7, 2014 Opinion or Order Filing 429 MOTION to Strike Document No. [427-1] Universitas' "Proposed" Sur-reply Memorandum. Document filed by Gerald H Willaims.(Bloom, Michael)
May 6, 2014 Opinion or Order Filing 428 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to (420 in 1:11-cv-01590-LTS-HBP) Memorandum of Law in Opposition to Motion addressed to Judge Laura Taylor Swain from Glenn A. Duhl, counsel for Grist Mill Trust Welfare Benefit Plan dated May 6, 2014. Document filed by Grist Mill Trust Welfare Benefit Plan. Return Date set for 5/9/2014 at 05:00 PM.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
May 6, 2014 Opinion or Order Filing 427 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated May 5, 2014 re: Proposed Sur-Reply in Further Opposition to Gerald H. Williams, Jr.'s Motion to Permit the Sale/Assignment of an Insurance Policy. Document filed by Universitas Education, LLC. (Attachments: #1 Proposed Sur-Reply)(Barnett, Michael)
May 2, 2014 Opinion or Order Filing 426 LETTER addressed to Judge Laura Taylor Swain from Michael H. Bloom dated 5/2/2014 re: 11-cv-1590 (LTS)(HBP). Document filed by Gerald H Willaims.(Bloom, Michael)
May 2, 2014 Opinion or Order Filing 425 AFFIDAVIT of Michael H. Bloom in Support re: #409 MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,.. Document filed by Gerald H Willaims. (Attachments: #1 Exhibit 14, #2 Exhibit 15)(Bloom, Michael)
May 2, 2014 Opinion or Order Filing 424 AFFIDAVIT of Gerald H Williams, Jr. in Support re: #409 MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,.. Document filed by Gerald H Willaims. (Bloom, Michael)
May 2, 2014 Opinion or Order Filing 423 REPLY MEMORANDUM OF LAW in Support re: #412 MOTION Relief from Stay to Allow Assignment of Policy re: #366 Memorandum & Opinion,. . Document filed by Gerald H Willaims. (Bloom, Michael)
May 2, 2014 Opinion or Order Filing 422 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated May 2, 2014 re: Motions for Reconsideration of Jack E. Robinson. Document filed by Universitas Education, LLC.(Barnett, Michael)
April 25, 2014 Opinion or Order Filing 421 DECLARATION of Michael Barnett in Opposition re: #412 MOTION Relief from Stay to Allow Assignment of Policy re: #366 Memorandum & Opinion,.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barnett, Michael)
April 25, 2014 Opinion or Order Filing 420 MEMORANDUM OF LAW in Opposition re: #412 MOTION Relief from Stay to Allow Assignment of Policy re: #366 Memorandum & Opinion,.. Document filed by Universitas Education, LLC. (Barnett, Michael)
April 23, 2014 Opinion or Order Filing 419 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. Document filed by Universitas Education, LLC.(Barnett, Michael)
April 22, 2014 Opinion or Order Filing 418 MEMORANDUM OF LAW in Opposition re: #409 MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,. MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,.. Document filed by Universitas Education, LLC. (Barnett, Michael)
April 16, 2014 Opinion or Order Filing 417 MEMO ENDORSEMENT on re: #415 Letter filed by Universitas Education, LLC. ENDORSEMENT: So ordered. (Signed by Judge Laura Taylor Swain on 4/16/2014) (rjm)
April 16, 2014 Opinion or Order Filing 416 MEMORANDUM OF LAW in Support re: (412 in 1:11-cv-01590-LTS-HBP) MOTION Relief from Stay to Allow Assignment of Policy re: (366) Memorandum & Opinion,.. Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Exhibits A - D, #2 Exhibits E - G-1, #3 Exhibits H - K, #4 Exhibit L Part 1, #5 Exhibit L Part 2, #6 Exhibits M - N, #7 Exhibit O Part 1, #8 Exhibit O Part 2, #9 Exhibits P - R, #10 Exhibits S - T, #11 Exhibits U - X)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
April 11, 2014 Opinion or Order Filing 415 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated April 11, 2014 Document filed by Universitas Education, LLC.(Barnett, Michael)
April 11, 2014 Opinion or Order Filing 414 AFFIDAVIT of Gerald H Williams, Jr. in Support re: #412 MOTION Relief from Stay to Allow Assignment of Policy re: #366 Memorandum & Opinion,.. Document filed by Gerald H Willaims. (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)(Bloom, Michael)
April 11, 2014 Opinion or Order Filing 413 MEMORANDUM OF LAW in Support re: #412 MOTION Relief from Stay to Allow Assignment of Policy re: #366 Memorandum & Opinion,.. Document filed by Gerald H Willaims. (Bloom, Michael)
April 11, 2014 Opinion or Order Filing 412 MOTION Relief from Stay to Allow Assignment of Policy re: #366 Memorandum & Opinion,. Document filed by Gerald H Willaims.(Bloom, Michael)
April 11, 2014 Opinion or Order Filing 411 LETTER addressed to Judge Laura Taylor Swain from Michael H. Bloom dated April 11, 2014 re: Universitas Educatoin LLC v Nova Group Inc. Document filed by Gerald H Willaims.(Bloom, Michael)
April 9, 2014 Opinion or Order Filing 410 DECLARATION of Daniel E. Carpenter in Support re: (278 in 1:11-cv-08726-LTS) MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,. MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,.. Document filed by Carpenter Financial Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
April 9, 2014 Opinion or Order Filing 409 MOTION Modify Preliminary Injunction re: (366 in 1:11-cv-01590-LTS-HBP) Memorandum & Opinion,. Document filed by Carpenter Financial Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
April 1, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael S Taylor to RE-FILE Document (277 in 1:11-cv-08726-LTS, 408 in 1:11-cv-01590-LTS-HBP) MOTION Modify Order of 1/13/14. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Declaration in Support of Motion found under the Event Type - Replies, Opposition and Supporting Documents). First refile Motion, then file and link any supporting documents. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(db)
March 31, 2014 Opinion or Order Filing 408 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Modify Order of 1/13/14. Document filed by Carpenter Financial Group, Inc.. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael) Modified on 4/1/2014 (db).
March 31, 2014 Opinion or Order Filing 407 MEMO ENDORSEMENT on re: #405 Letter filed by Universitas Education, LLC. ENDORSEMENT: The foregoing application for a determination that a particular check is within the scope of the January 13, 2014, preliminary injunction order is denied, without prejudice to motion practice accompanied by appropriate legal and evidentiary support. Docket entry no. 405 resolved. (Signed by Judge Laura Taylor Swain on 3/31/2014) (djc)
March 31, 2014 Opinion or Order Filing 406 Objection re: (405 in 1:11-cv-01590-LTS-HBP) Letter Motion Regarding BPETCO. Document filed by Jack E. Robinson. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
March 28, 2014 Opinion or Order Filing 405 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated March 28, 2014 re: Preliminary Injunction Order. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Michael)
March 25, 2014 Opinion or Order Terminate Transcript Deadlines. (rjm)
March 25, 2014 Opinion or Order Filing 404 ORDER. Petitioner, Universitas Education, LLC, filed a motion, on May 10, 2013 to deny Moonstone Respondents' request to require the testimony of Petitioner's counsel in relation to an application for the turnover of certain assets. (Docket entry no. 162 in case no. 11 Civ. 8726.) This motion is denied as moot. Denying as moot (162) Motion in Limine in case 1:11-cv-08726-LTS. Also listed as non-pending motion doc. no. 246 in case no. 11cv1590. (Signed by Judge Laura Taylor Swain on 3/24/2014). Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
March 21, 2014 Opinion or Order Filing 403 MEMORANDUM OF LAW in Opposition re: (396 in 1:11-cv-01590-LTS-HBP) MOTION for Reconsideration re; (376) Order,,,,, And Notice of Motion.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
March 18, 2014 Opinion or Order Filing 402 REPLY MEMORANDUM OF LAW in Support re: (269 in 1:11-cv-08726-LTS, 390 in 1:11-cv-01590-LTS-HBP) MOTION for Reconsideration re; (376 in 1:11-cv-01590-LTS-HBP) Order,,,,,.. Document filed by Jack E. Robinson. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
March 12, 2014 Opinion or Order Filing 401 LETTER addressed to Judge Laura Taylor Swain from Thomas W. Evans dated 2/25/2014 re: Our office represents a number of individuals and entities' who are judgment creditors (the "judgment creditors") of Boston Property Exchange Transfer Company f/k/a Benistar Property Exchange Trust Company ("BPETCO"). BPETCO engaged in a criminal scheme between 1998 and 2000 using escrow money held for like-kind property exchanges to trade naked stock options. (rjm)
March 12, 2014 Opinion or Order Filing 400 ORDER. Counsel for BPETCO is ordered to hold the "corpus" of funds in escrow pending determination of the turnover application. The Court further orders counsel for BPETCO to confer with Petitioner and the Creditors regarding an appropriate financial institution with which to place the "corpus" in an escrow or attorney trust account. (Signed by Judge Laura Taylor Swain on 3/12/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (rjm)
March 11, 2014 Opinion or Order Filing 399 MEMORANDUM OF LAW in Opposition re: (269 in 1:11-cv-08726-LTS, 390 in 1:11-cv-01590-LTS-HBP) MOTION for Reconsideration re; (376 in 1:11-cv-01590-LTS-HBP) Order,,,,,.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
March 7, 2014 Opinion or Order Filing 398 NOTICE OF CHANGE OF ADDRESS by Stephen Vincent Manning on behalf of Wayne Bursey. New Address: O'Brien, Tanski & Young, LLP, 500 Enterprise Drive, Suite 4B, RockyHill, CT, USA 06067, (860) 525-2700. (Manning, Stephen)
March 7, 2014 Opinion or Order Filing 397 MEMORANDUM OF LAW in Support re: #396 MOTION for Reconsideration re; #376 Order,,,,, And Notice of Motion.. Document filed by Wayne Bursey. (Attachments: #1 Exhibit A (Copy of Dkt # 285))(Manning, Stephen)
March 7, 2014 Opinion or Order Filing 396 MOTION for Reconsideration re; #376 Order,,,,, And Notice of Motion. Document filed by Wayne Bursey.(Manning, Stephen)
February 26, 2014 Opinion or Order Filing 395 ORDER granting #392 Letter Motion for Extension of Time to File. The requested extension is granted. Docket entry #392 resolved. (Signed by Judge Laura Taylor Swain on 2/26/2014) (lmb)
February 26, 2014 Opinion or Order Set/Reset Deadlines: Motions due by 3/7/2014. (lmb)
February 26, 2014 Opinion or Order Filing 394 ORDER FOR ADMISSION PRO HAC VICE granting #389 Motion for Michael H. Bloom to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 2/26/2014) (tn)
February 25, 2014 Opinion or Order Filing 393 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated 2/25/2014 re: Letter from Joseph M. Pastore, III dated February 24, 2014. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barnett, Michael)
February 25, 2014 Opinion or Order Filing 392 CONSENT LETTER MOTION for Extension of Time to File Motion for Reconsideration addressed to Judge Laura Taylor Swain from Stephen V. Manning dated February 25, 2014. Document filed by Wayne Bursey.(Manning, Stephen)
February 25, 2014 Opinion or Order Filing 391 MEMORANDUM OF LAW in Support re: (269 in 1:11-cv-08726-LTS) MOTION for Reconsideration re; (376 in 1:11-cv-01590-LTS-HBP) Order,,,,,.. Document filed by Jack E. Robinson. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
February 25, 2014 Opinion or Order Filing 390 MOTION for Reconsideration re; (376 in 1:11-cv-01590-LTS-HBP) Order,,,,,. Document filed by Jack E. Robinson. Return Date set for 3/11/2014 at 05:00 PM.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
February 25, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #389 MOTION for Michael H Bloom to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 24, 2014 Opinion or Order Filing 389 MOTION for Michael H Bloom to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald H Willaims. (Attachments: #1 Text of Proposed Order)(Bloom, Michael)
February 24, 2014 Opinion or Order Filing 388 ORDER FOR ADMISSION PRO HAC VICE granting #374 Motion for Michael S. Taylor to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 2/24/2014) (lmb)
February 21, 2014 Opinion or Order Filing 387 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael H Bloom to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9380428. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald H Willaims. (Attachments: #1 Text of Proposed Order)(Bloom, Michael) Modified on 2/21/2014 (wb).
February 21, 2014 Opinion or Order Filing 386 MEMO ENDORSEMENT on re: #383 Letter, filed by Joseph M Pastore. ENDORSEMENT: Any opposition to the foregoing request must be made in writing and filed no later than 4:00 p.m. on Tuesday, February 25, 2014. (Signed by Judge Laura Taylor Swain on 2/20/2014) (tro)
February 21, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #374 MOTION for Michael S. Taylor to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 21, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #387 MOTION for Michael H Bloom to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9380428. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from the Supreme Court of Oregon with a 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)
February 20, 2014 Opinion or Order Filing 385 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/14/14 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)
February 20, 2014 Opinion or Order Filing 384 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/14/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Thomas Murray, (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 3/17/2014. Redacted Transcript Deadline set for 3/27/2014. Release of Transcript Restriction set for 5/27/2014.(Rodriguez, Somari)
February 20, 2014 Opinion or Order Filing 383 LETTER addressed to Judge Laura Taylor Swain from Joseph M. Pastore III dated 2/20/2014 re: Universitas Education, LLC v. Nova Group, Inc.. Document filed by Joseph M Pastore.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
February 13, 2014 Opinion or Order Filing 382 ORDER: The Court is in receipt of the February 12, 2014, letter of Universitas Education, LLC ("Petitioner") seeking a pre-motion conference to address a planned motion to modify the Memorandum Opinion and Order of this Court entered on January 13, 2014 (docket entry no. 366, the "Order"). The Court does not require pre-motion conferences, although informal efforts are required to resolve issues consensual are required before a motion is filed. See Individual Practice Rule 2(a) & (b). This request is denied, and the Court will take no action with respect to the letter. Furthermore, the letter request is made in violation of the Court's Individual Practice Rule 1(b), which requires that any letter request be accompanied by a statement as to whether the request is made on consent. The parties are reminded that the Court does not accept submissions or communications via e-mail, and all submissions and communications to the Court must be made in compliance with the Court's Individual Practice Rules. This Order resolves docket entry no. 380. (Signed by Judge Laura Taylor Swain on 2/13/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lmb)
February 13, 2014 Opinion or Order Filing 381 LETTER addressed to Judge Laura Taylor Swain from Joseph M. Pastore III dated 02/13/2014 re: Universitas Education, LLC v. Nova Group, Inc.. Document filed by Joseph M Pastore.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
February 12, 2014 Opinion or Order Filing 380 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated February 12, 2014 re: Request for Pre-Motion Conference. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Colbath, Paula)
February 11, 2014 Opinion or Order Filing 379 ORDER re: (367 in 1:11-cv-01590-LTS-HBP, 253 in 1:11-cv-08726-LTS) Letter, filed by Grist Mill Trust Welfare Benefit Plan: that to the extent GM Trust seeks a determination that it is not an entity covered by the Order, its proffer is entirely lacking in evidentiary support. Nor has Petitioner brought any allegation of a violation of the Order before the Court. GM Trust's letter request is therefore denied, without prejudice to litigation of the issues raised therein at an appropriate time. This order resolves docket entry number 367 in case number 11 Civ. 1590. (Signed by Judge Laura Taylor Swain on 2/11/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS (tn)
February 11, 2014 Opinion or Order Filing 378 ORDER MODIFYING THE COURT'S PRELIMINARY INJUNCTION AGAINST DANIEL E. CARPENTER: Relief is granted from the Injunction so that Curaleaf and GMP may enter the Transaction, and they are ordered to comply with the following conditions at all relevant times if the Transaction is completed, and as further set forth in this document. This Order does not have any bearing on the validity or legality of any transaction completed or contemplated by Curaleaf, GMP and/or Carpenter. This Order does not affect any person or entity's interest in or rights to the Property. This Order only modifies the Injunction, and only to the extent necessary to permit Curaleaf and GMP to enter into the Transaction if they choose to do so and the provisions of this Order are complied with at all relevant times. (Signed by Judge Laura Taylor Swain on 2/11/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(cd)
February 11, 2014 Opinion or Order Filing 377 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated February 11, 2014 Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Barnett, Michael)
February 11, 2014 Opinion or Order Filing 376 MEMORANDUM ORDER ADOPTING CERTIFICATION OF FACTS, CONCLUSIONS OF LAW AND PROPOSED REMEDY re: (191 in 1:11-cv-08726-LTS, 278 in 1:11-cv-01590-LTS-HBP) Certification. For the foregoing reasons, the Certification is hereby adopted in its entirety. The Court finds that Petitioner has demonstrated by clear and convincing evidence that Nova and the Contemnors were in contempt of the August 17 Order until at least January 2013. Nova and the Contemnors are ordered to pay, jointly and severally, the reasonable attorneys fees that Petitioner incurred in filing and litigating the motion for contempt. Petitioner is directed to file and serve affidavits and contemporaneous time and billing records sufficient to document the fees it incurred in connection with the motion for contempt with respect to Nova, Mr. Bursey, Mr. Carpenter, and Mr. Robinson. Any objections to particulars of the fee request must be filed and served within 14 days after Petitioners fee affidavit and billing records are filed. This Order resolves docket entry number 181 in case number 11 Civ. 1590 and docket entry number 122 in case number 11 Civ. 8726. (Signed by Judge Laura Taylor Swain on 2/11/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(cd)
February 11, 2014 Opinion or Order Filing 375 ORDER: If the parties do not reach a consensual resolution of this matter and file a proposed order by noon today: Hearing set for today, 2/11/2014 in Courtroom 17C, at 01:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/11/2014) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(cd)
February 11, 2014 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Oral Argument held on 2/11/2014 re: (252 in 1:11-cv-08726-LTS) Memorandum & Opinion. INJUNCTION HEARING held. For the reasons stated on the record, the Court grants the modification of the Courts preliminary injunction order. ( Order to follow.) Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lan)
February 5, 2014 Opinion or Order Filing 374 MOTION for Michael S. Taylor to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avon Capital LLC, Carpenter Financial Group, Inc., Hanover Trust Company, Phoenix Capital Management, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael)
February 5, 2014 Opinion or Order Filing 373 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael S. Taylor to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9328454. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avon Capital LLC, Phoenix Capital Management, LLC, Hanover Trust Company, Carpenter Financial Group, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Taylor, Michael) Modified on 2/5/2014 (bcu).
February 5, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #373 MOTION for Michael S. Taylor to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9328454. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (bcu)
January 28, 2014 Opinion or Order Filing 372 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated January 28, 2014 Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Michael)
January 24, 2014 Opinion or Order Filing 371 DECLARATION of Michael Barnett in Support re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 62, #2 Exhibit 63, #3 Exhibit 64, #4 Exhibit 65, #5 Exhibit 66, #6 Exhibit 67, #7 Exhibit 68, #8 Exhibit 69, #9 Exhibit 70, #10 Exhibit 71, #11 Exhibit 72, #12 Exhibit 73, #13 Exhibit 74, #14 Exhibit 75, #15 Exhibit 76)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
January 24, 2014 Opinion or Order Filing 370 REPLY MEMORANDUM OF LAW in Support re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
January 24, 2014 Opinion or Order Filing 369 ORDER granting #368 Letter Motion for Leave to File Excess Pages: The requests are granted. (Signed by Judge Laura Taylor Swain on 1/24/2014) (tn)
January 23, 2014 Opinion or Order Filing 368 LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Michael Barnett dated January 23, 2014. Document filed by Universitas Education, LLC.(Barnett, Michael)
January 22, 2014 Opinion or Order Filing 367 LETTER addressed to Judge Laura Taylor Swain from Glenn A. Duhl, Esq. dated January 22, 2014 re: the Courts Memorandum Opinion and Order dated January 13, 2014 (Doc. 366). Document filed by Grist Mill Trust Welfare Benefit Plan.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
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)
January 6, 2014 Opinion or Order Filing 365 MEMO ENDORSEMENT on #361 LETTER MOTION for Extension of Time to File Reply on Turnover Motion addressed to Judge Laura Taylor Swain from Michael Barnett dated December 20, 2013 filed by Universitas Education, LLC. ENDORSEMENT: The request is granted. ( Reply due by 1/24/2014.) (Signed by Judge Laura Taylor Swain on 1/2/2014) (cd)
December 23, 2013 Opinion or Order Filing 364 MEMORANDUM OF LAW in Opposition re: (330 in 1:11-cv-01590-LTS-HBP, 229 in 1:11-cv-08726-LTS) MOTION for Attorney Fees and Post-Judgment Interest.. Document filed by Nova Group, Inc. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
December 23, 2013 Opinion or Order Filing 363 DECLARATION of Ira Kleiman in Opposition re: (330 in 1:11-cv-01590-LTS-HBP, 229 in 1:11-cv-08726-LTS) MOTION for Attorney Fees and Post-Judgment Interest.. Document filed by Nova Group, Inc. (Attachments: #1 Affidavit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
December 23, 2013 Opinion or Order Filing 362 ORDER granting #361 Letter Motion for Extension of Time. The extension request is granted. Reply to Response to Brief due by 1/24/2014. (Signed by Judge Laura Taylor Swain on 12/20/2013) (cd)
December 20, 2013 Opinion or Order Filing 361 LETTER MOTION for Extension of Time to File Reply on Turnover Motion addressed to Judge Laura Taylor Swain from Michael Barnett dated December 20, 2013. Document filed by Universitas Education, LLC.(Barnett, Michael)
December 16, 2013 Opinion or Order Filing 360 MEMO ENDORSEMENT on #356 Letter filed by Daniel Carpenter. ENDORSEMENT: Any discovery disputes that cannot be resolved between counsel should be taken up with Judge Pitman. (Signed by Judge Laura Taylor Swain on 12/13/2013) (cd)
December 16, 2013 Opinion or Order Filing 359 MEMO ENDORSEMENT on #355 Letter filed by Universitas Education, LLC. ENDORSEMENT: The foregoing Surreply is deemed filed. (Signed by Judge Laura Taylor Swain on 12/13/2013) (cd)
December 11, 2013 Opinion or Order Filing 358 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/22/2013 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...(McGuirk, Kelly)
December 11, 2013 Opinion or Order Filing 357 TRANSCRIPT of Proceedings re: HEARING held on 11/22/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Kristen Carannante, (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 1/6/2014. Redacted Transcript Deadline set for 1/16/2014. Release of Transcript Restriction set for 3/14/2014.(McGuirk, Kelly)
December 9, 2013 Opinion or Order Filing 356 LETTER addressed to Judge Laura Taylor Swain from Anthony J. Siano, Esq. dated 12-9-13 Document filed by Daniel Carpenter.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
December 9, 2013 Opinion or Order Filing 355 LETTER addressed to Judge Laura Taylor Swain from Paula K, Colbath dated December 7, 2013 re: Request for Leave to File Sur-Reply and Sur-Reply. Document filed by Universitas Education, LLC.(Colbath, Paula)
December 6, 2013 Opinion or Order Filing 354 AFFIDAVIT OF SERVICE of Response to Proposed FOF and Affidavit served on Paula Colbath, Michael Barnett, Matt Brief, Ira Kleiman, Carole Bernstein, Glen Duhl on 12-6-13. Service was made by Federal Express. Document filed by Daniel E Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
December 6, 2013 Opinion or Order Filing 353 AFFIDAVIT of Anthony J. Siano in Opposition re: (214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
December 6, 2013 Opinion or Order Filing 352 RESPONSE in Opposition to Motion re: (214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction. Responses of Carpenter to Proposed Findings of Fact & Conclusions of Law of Universitas. And Response to Universitas' Brief on Res Judicata and Collateral Estoppel. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
December 6, 2013 Opinion or Order Filing 351 RESPONSE re: (347 in 1:11-cv-01590-LTS-HBP, 241 in 1:11-cv-08726-LTS) Proposed Findings of Fact. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 2, 2013 Opinion or Order Filing 350 MEMORANDUM OF LAW on Res Judicata and Collateral Estoppel Issues. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 2, 2013 Opinion or Order Filing 349 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Universitas Education, LLC.Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
December 2, 2013 Opinion or Order Filing 348 AFFIDAVIT OF SERVICE of Proposed Findings of Fact and Memo of Law served on Paula Colbath, Esq.; Michael Barnett, Esq.; Ira Kleiman, Esq.; Matt Brief, Esq.; Carole Bernstein, Esq.; Glen Duhl, Esq. on 12-2-13. Service was made by FEDERAL EXPRESS. Document filed by Daniel E Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
December 2, 2013 Opinion or Order Filing 347 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Daniel Carpenter.Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
December 2, 2013 Opinion or Order Filing 346 MEMORANDUM OF LAW on Res Judicata and Collateral Estoppel. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
November 26, 2013 Opinion or Order Filing 345 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Application for Attorneys' Fees. Referred to Magistrate Judge Henry B. Pitman. Motions referred to Henry B. Pitman. (Signed by Judge Laura Taylor Swain on 11/25/2013) (cd)
November 26, 2013 Opinion or Order Filing 344 ORDER: Following a hearing on November 22, 2013, the Court ordered the parties to submit to the Court findings of fact and conclusions of law by December 2, 2013, with any replies to be filed by December 6, 2013. The parties submissions must address the issue of whether any of the claims or defenses raised in this proceeding are barred by the doctrines of res judicata or collateral estoppel in light of the January 24, 2011, arbitration decision, upon which judgment was entered by this Court on June 7, 2012, which judgment was affirmed by the United States Court of Appeals for the Second Circuit on March 4, 2013. The parties submissions (and, if they so choose, accompanying memoranda of law), must fully address the factual basis and legal underpinnings of their preclusion analyses. (Signed by Judge Laura Taylor Swain on 11/26/2013) (cd)
November 22, 2013 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 11/22/2013. ORDER TO SHOW CAUSE HEARING held. Witness called, sworn and exhibits admitted. The Court directs the first round of proposed facts and findings of law are due by 12/2/2013. Reply to proposed facts and findings of law are due by 12/6/2013. This matter is taken under advisement. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lan)
November 21, 2013 Opinion or Order Filing 343 STIPULATION AND ORDER REGARDING UNIVERSITAS' MOTION FOR POST-JUDGMENT INTEREST, ATTORNEYS' FEES AND COSTS. Nova shall have until December 23, 2013 to file its brief opposing Universitas' motion for post-judgment interest, attorneys' fees and costs. Universitas shall have until January 6, 2014 to file its reply brief on its motion for post-judgment interest, attorneys' fees and costs. It is so ordered in accordance with the foregoing stipulation.(Responses due by 12/23/2013. Replies due by 1/6/2014.) (Signed by Judge Laura Taylor Swain on 11/20/2013) (rjm)
November 21, 2013 Opinion or Order Filing 342 LETTER addressed to Judge Laura Taylor Swain from Stephen V. Manning/Wayne H. Bursey dated November 21, 2013 re: Assertion of 5th Amendment Rights; Letter Satisfying Subpoena for 11/22/13 Testimony at Hearing. Document filed by Wayne Bursey.(Manning, Stephen)
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 Moonstone 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)
November 20, 2013 Opinion or Order Filing 340 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, 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 Moonstone Respondents and covering the Property. The Order resolves docket entry no. 219. (Signed by Judge Laura Taylor Swain on 11/20/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(tn)
November 20, 2013 Opinion or Order Filing 339 MEMORANDUM OF LAW in Opposition re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction. Memorandum of Law submited on behalf of Respondents Grist Mill Capital, LLC, Avon Capital LLC, Charter Oak Trust Welfare Benefit Plan, Grist Mill Holdings, LLC, Hanover Trust Company, Carpenter Financial Group and Phoenix Capital Management, LLC. Document filed by Charter Oak Trust Welfare Benefit Plan. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
November 20, 2013 Opinion or Order Filing 338 AFFIDAVIT of Daniel E. Carpenter in Opposition re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Charter Oak Trust Welfare Benefit Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
November 20, 2013 Opinion or Order Filing 337 MEMORANDUM OF LAW in Opposition re: (214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Grist Mill Trust Welfare Benefit Plan. (Attachments: #1 Declaration of Glenn A. Duhl, Esq., #2 Exhibits A & B to Declaration of Glenn A. Duhl, Esq., #3 Declaration of Kathy Kehoe, #4 Exhibits A - E to Declaration of Kathy Kehoe, #5 Exhibits F - EE to Declaration of Kathy Kehoe)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
November 20, 2013 Opinion or Order Filing 336 NOTICE OF APPEARANCE by Carole Rose Bernstein on behalf of Avon Capital LLC. (Bernstein, Carole)
November 20, 2013 Opinion or Order Filing 335 NOTICE OF APPEARANCE by Carole Rose Bernstein on behalf of Grist Mill Capital, LLC. (Bernstein, Carole)
November 19, 2013 Opinion or Order Filing 334 MEMO ENDORSEMENT on #333 Letter filed by Universitas Education, LLC. ENDORSEMENT: The proposed time allocation is approved. (Signed by Judge Laura Taylor Swain on 11/19/2013) (cd)
November 15, 2013 Opinion or Order Filing 333 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated 11/15/2013 re: Proposed Parameters on Hearing on Motion for a Preliminary Injunction. Document filed by Universitas Education, LLC.(Barnett, Michael)
November 13, 2013 Opinion or Order Filing 332 STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE OF UNIVERSITAS EDUCATION, LLC'S TURNOVER APPLICATION: Respondents shall have until November 20, 2013 to file their briefs opposing Universitas' motion for turnover and permanent injunction filed against the Respondents. Universitas' shall have until December 30, 2013 to file its Reply briefs on its motion for turnover and permanent injunction against the Respondents. Set Deadlines/Hearing as to (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv- 08726-LTS) MOTION for Turnover and Permanent Injunction. (Responses due by 11/20/2013, Replies due by 12/30/2013.) (Signed by Judge Laura Taylor Swain on 11/12/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(cd)
November 12, 2013 Opinion or Order Filing 331 DECLARATION of Paula K. Colbath in Support re: (229 in 1:11-cv-08726-LTS, 330 in 1:11-cv-01590-LTS-HBP) MOTION for Attorney Fees and Post-Judgment Interest.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part One), #4 Exhibit C (Part Two), #5 Exhibit C (Part Three), #6 Exhibit C (Part Four), #7 Exhibit D)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 12, 2013 Opinion or Order Filing 330 MOTION for Attorney Fees and Post-Judgment Interest. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 8, 2013 Opinion or Order Filing 329 MEMORANDUM OF LAW in Opposition re: (314 in 1:11-cv-01590-LTS-HBP) MOTION for Attorney Fees. (Application For Judgment of Attorneys Fees). Document filed by Joseph M Pastore. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
November 8, 2013 Opinion or Order Filing 328 OPPOSITION BRIEF re: (314 in 1:11-cv-01590-LTS-HBP) MOTION for Attorney Fees., (315 in 1:11-cv-01590-LTS-HBP) Affidavit in Support of Motion. Document filed by Nova Group, Inc.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
November 1, 2013 Opinion or Order Filing 327 DECLARATION of Michael Barnett in Support re: (303 in 1:11-cv-01590-LTS-HBP, 209 in 1:11-cv-08726-LTS) Order to Show Cause,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 54)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 1, 2013 Opinion or Order Filing 326 REPLY MEMORANDUM OF LAW in Support re: (303 in 1:11-cv-01590-LTS-HBP, 209 in 1:11-cv-08726-LTS) Order to Show Cause,. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
October 29, 2013 Opinion or Order Filing 325 NOTICE OF APPEARANCE by Glenn Alan Duhl on behalf of Grist Mill Trust Welfare Benefit Plan. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Duhl, Glenn)
October 29, 2013 Opinion or Order Filing 324 MEMORANDUM OF LAW in Opposition re: #301 MOTION for Reconsideration re; (295 in 1:11-cv-01590-LTS-HBP, 295 in 1:11-cv-01590-LTS-HBP) Order on Motion for Sanctions,,,,,,,,,,,,,,,. MOTION for Reconsideration re; (295 in 1:11-cv-01590-LTS-HBP, 295 in 1:11-cv-01590-LTS-HBP) Order on Motion for Sanctions,,,,,,,,,,,,,,,. and its Reply on its Attorneys' Fee Application. Document filed by Universitas Education, LLC. (Colbath, Paula)
October 26, 2013 Opinion or Order Filing 323 Objection re: (314 in 1:11-cv-01590-LTS-HBP) MOTION for Attorney Fees. as to Attorney Robinson. Document filed by Jack E. Robinson. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
October 25, 2013 Opinion or Order Filing 322 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIALS regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Laura Taylor Swain on 10/25/2013) (rsh)
October 25, 2013 Opinion or Order Filing 321 AFFIDAVIT OF SERVICE of Memo of Law and Affidavit served on Paula Colbath, Ira Kleiman, Matt Brief, Carole Bernstein, Glen Duhl on 10-25-13. Service was made by FEDEX. Document filed by Daniel E Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
October 25, 2013 Opinion or Order Filing 320 AFFIDAVIT of Daniel E. Carpenter in Opposition re: (214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
October 25, 2013 Opinion or Order Filing 319 MEMORANDUM OF LAW in Opposition re: (214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
October 25, 2013 Opinion or Order Filing 318 NOTICE OF APPEAL from (295 in 1:11-cv-01590-LTS-HBP, 295 in 1:11-cv-01590-LTS-HBP) Order on Motion for Sanctions,,,,,,,,,,,,,,,. Document filed by Nova Group, Inc. Filing fee $ 455.00, receipt number 0208-9013646. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Goldberg, Eugene)
October 25, 2013 Opinion or Order Filing 317 FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIDAVIT of Paula K. Colbath in Support re: #314 MOTION for Attorney Fees.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Colbath, Paula) Modified on 10/28/2013 (db).
October 25, 2013 Opinion or Order Filing 316 FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIDAVIT of Paula K. Colbath in Support re: #314 MOTION for Attorney Fees.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Colbath, Paula) Modified on 10/28/2013 (db).
October 25, 2013 Opinion or Order Filing 315 AFFIDAVIT of Paula K. Colbath in Support re: #314 MOTION for Attorney Fees.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Colbath, Paula)
October 25, 2013 Opinion or Order Filing 314 MOTION for Attorney Fees. Document filed by Universitas Education, LLC.(Colbath, Paula)
October 25, 2013 Opinion or Order Filing 313 NOTICE OF APPEARANCE by Roger Lee Stavis on behalf of Nova Group, Inc.. (Stavis, Roger)
October 25, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (218 in 1:11-cv-08726-LTS, 318 in 1:11-cv-01590-LTS-HBP) Notice of Appeal. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS. (tp)
October 25, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #287 Response, filed by Nova Group, Inc, #75 Memorandum of Law in Support of Motion filed by Donald Trudeau, #41 Clerk's Judgment, #184 Reply Memorandum of Law in Support of Motion, filed by Universitas Education, LLC, #51 Memorandum of Law in Opposition to Motion filed by Universitas Education, LLC, #218 USCA Mandate, #126 Memorandum of Law in Support of Motion filed by Daniel E Carpenter, #267 Opposition Brief, filed by Daniel Carpenter, #235 Opposition Brief, filed by Daniel Carpenter, #171 Memorandum of Law in Support of Motion, filed by Universitas Education, LLC, #160 Order on Motion for Miscellaneous Relief, #312 Letter, filed by Universitas Education, LLC, #73 Memorandum of Law in Support of Motion filed by Wayne Bursey, #124 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #134 Notice of Change of Address filed by Richard S Order, #274 Response filed by Universitas Education, LLC, #103 Memorandum of Law in Opposition to Motion, filed by Universitas Education, LLC, #179 Declaration in Support of Motion, filed by Universitas Education, LLC, #9 Certificate of Service Other filed by Nova Group, Inc., #249 Transcript, #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order filed by Universitas Education, LLC, #64 Endorsed Letter, Set Deadlines, #263 Response filed by Universitas Education, LLC, #304 Letter, filed by Universitas Education, LLC, #283 Objection to Report and Recommendations filed by Universitas Education, LLC, #300 Letter, filed by Universitas Education, LLC, #14 Declaration in Support of Motion filed by Universitas Education, LLC, #245 Endorsed Letter, #240 Endorsed Letter, #200 Affidavit of Service Other filed by Daniel E Carpenter, #71 Memorandum of Law in Support of Motion filed by Daniel E Carpenter, #270 Proposed Findings of Fact filed by Universitas Education, LLC, #198 Notice of Appearance filed by Daniel E Carpenter, #5 Notice of Appearance filed by Universitas Education, LLC, #53 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #18 Reply Memorandum of Law in Support of Motion filed by Universitas Education, LLC, #238 Order on Motion to Appear Pro Hac Vice, #261 Objection to Report and Recommendations filed by Joseph M Pastore, #161 Order on Motion to Dismiss/Lack of Jurisdiction, #182 Memorandum of Law in Support of Motion, filed by Universitas Education, LLC, #29 Letter, filed by Universitas Education, LLC, #17 Endorsed Letter, #4 Memorandum of Law in Support of Motion filed by Nova Group, Inc., #142 MOTION for Paul R. Dehmel to Withdraw as Attorney filed by Nova Group, Inc., Nova Group, Inc, #77 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #289 Response filed by Amanda Rossi, Molly Carpenter, #231 Endorsed Letter, Set Deadlines, #168 Notice (Other), Notice (Other) filed by Universitas Education, LLC, #248 Declaration in Support of Motion, filed by Universitas Education, LLC, #268 Opposition Brief, filed by Daniel Carpenter, #253 Report and Recommendations, #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP filed by Universitas Education, LLC, #295 Order on Motion for Sanctions, #187 Notice of Appearance filed by Smith, Gambrell & Russell, LLP, #314 MOTION for Attorney Fees filed by Universitas Education, LLC, #192 Memorandum of Law in Opposition to Motion, filed by Amanda Rossi, Molly Carpenter, #305 Memorandum of Law in Support filed by Universitas Education, LLC, #166 Transcript, #215 Affidavit in Support of Motion, filed by Caldwell Life Strategies Corporation, #174 Memorandum of Law in Support of Motion filed by Universitas Education, LLC, #302 Memorandum of Law in Support of Motion, filed by Jack E. Robinson, #306 Declaration in Support, filed by Universitas Education, LLC, #31 Notice of Appearance filed by Universitas Education, LLC, #258 Declaration in Support, filed by Nova Group, Inc, #56 MOTION to Quash Subpoenas of M&T Bank, Sovereign Bank, Peoples United Bank, WSFS Bank Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo filed by Nova Group, Inc., Nova Group, Inc, #20 Reply Memorandum of Law in Support of Motion filed by Nova Group, Inc., #79 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #11 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #228 Notice of Appearance filed by USAA, #156 Order, #119 MOTION to Quash Subpoena as to Malkin Properties filed by Nova Group, Inc., Nova Group, Inc, #115 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #297 Letter, filed by Universitas Education, LLC, #170 Declaration in Support of Motion, filed by Universitas Education, LLC, #309 Memorandum of Law in Support of Motion filed by Universitas Education, LLC, #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, #259 Objection to Report and Recommendations filed by Nova Group, Inc, #121 MOTION to Quash Subpoena as to Lincoln Financial Group and Lincoln National Life Insurance Company filed by Nova Group, Inc., Nova Group, Inc, #95 Reply Memorandum of Law in Support of Motion filed by Wayne Bursey, #74 MOTION to Quash Subpoena of Donald Trudeau filed by Donald Trudeau, #276 Memorandum & Opinion, #127 MOTION to Quash Subpoena of Molly Carpenter filed by Molly Carpenter, #207 Declaration in Support of Motion, filed by Universitas Education, LLC, #279 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #162 Order on Motion for Attorney Fees, #269 Proposed Findings of Fact filed by Universitas Education, LLC, #211 Reply Memorandum of Law in Support of Motion, filed by Universitas Education, LLC, #113 Order Referring Case to Magistrate Judge, #291 Response filed by Universitas Education, LLC, #107 MOTION to Quash Information Subpoena of Wayne H. Bursey filed by Wayne Bursey, #230 Reply Memorandum of Law in Support of Motion filed by Caldwell Life Strategies Corporation, #296 Letter, filed by Nova Group, Inc., #239 Notice of Change of Address filed by Smith, Gambrell & Russell, LLP, #112 Letter, #45 Notice of Change of Address filed by Universitas Education, LLC, #318 Notice of Appeal, filed by Nova Group, Inc, #105 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #72 MOTION to Quash Subpoena of Wayne Bursey filed by Wayne Bursey, #32 MOTION to Confirm Arbitration Award (Renewed) filed by Universitas Education, LLC, #299 Letter filed by Daniel Carpenter, #16 Endorsed Letter, #94 Reply Memorandum of Law in Support of Motion filed by Daniel E Carpenter, #251 Memorandum of Law in Opposition to Motion, filed by Daniel Carpenter, #226 Notice of Substitution of Attorney, filed by Nova Group, Inc, #54 Order on Motion to Stay, #155 Reply Memorandum of Law in Support of Motion, filed by Universitas Education, LLC, #136 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #101 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #100 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #150 Notice of Substitution of Attorney, filed by Nova Group, Inc., Nova Group, Inc, #176 Memorandum & Opinion, #76 Memorandum of Law in Opposition to Motion filed by Universitas Education, LLC, #281 Response filed by Universitas Education, LLC, #286 Declaration in Opposition, filed by Nova Group, Inc, #277 Letter, filed by Universitas Education, LLC, #78 MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson filed by Nova Group, Inc., Nova Group, Inc, #15 Memorandum of Law in Opposition to Motion filed by Nova Group, Inc., #313 Notice of Appearance filed by Nova Group, Inc., #272 Proposed Findings of Fact filed by Daniel Carpenter, #199 Memorandum of Law in Opposition to Motion, filed by Daniel E Carpenter, #290 Response filed by Universitas Education, LLC, #282 Objection to Report and Recommendations filed by Daniel Carpenter, #60 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena filed by Richard S Order, #167 Notice of Filing Transcript, #109 Order, #232 Transcript, #114 MOTION to Dismiss for Lack of Jurisdiction filed by Nova Group, Inc., Nova Group, Inc, #278 Report and Recommendations, #102 MOTION Application to Reinstate Motion to Dismiss re: (51 in 1:11-cv-08726-LTS, 51 in 1:11-cv-08726-LTS, 63 in 1:11-cv-01590-LTS, 63 in 1:11-cv-01590-LTS) Order on Motion to Dismiss/Lack of Jurisdiction, MOTION Application to Reinstate Motion to Dismiss re: (51 in 1:11-cv-08726-LTS, 51 in 1:11-cv-08726-LTS, 63 in 1:11-cv-01590-LTS, 63 in 1:11-cv-01590-LTS) Order on Motion to Dismiss/Lack of Jurisdiction, filed by Nova Group, Inc., Nova Group, Inc, #26 Notice of Change of Address filed by Nova Group, Inc., #116 Memorandum of Law in Opposition to Motion filed by Universitas Education, LLC, #292 Order on Motion for Extension of Time to File Response/Reply, #49 MOTION to Stay filed by Nova Group, Inc., Nova Group, Inc, #254 Endorsed Letter, #273 Affidavit of Service Other, filed by Daniel E Carpenter, #209 Endorsed Letter, Set Deadlines, #243 Reply Memorandum of Law in Support, filed by Universitas Education, LLC, #147 MOTION For an Order Pursuant to 28 U.S.C. 1963 that Good Cause Exists for the July 10, 2012 Registration of Judgment Against Nova Group in the District of Connecticut filed by Universitas Education, LLC, #90 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #247 Memorandum of Law in Support of Motion, filed by Universitas Education, LLC, #169 MOTION for Sanctions against Nova Group, Inc. and its Counsel, Jack E. Robinson III, Esq. filed by Universitas Education, LLC, #48 Memorandum of Law in Sup
October 24, 2013 Opinion or Order Filing 312 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated October 24, 2013 re: Stipulation and Proposed Protective Order between Universitas and non-party Caldwell Life Strategies Corp.. Document filed by Universitas Education, LLC. (Attachments: #1 Text of Proposed Order Proposed Stipulation and Protective Order)(Barnett, Michael)
October 22, 2013 Opinion or Order Filing 311 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated 10/16/2013 re: Request to adjourn the OSC hearing date of 1/10. ENDORSEMENT: The hearing is rescheduled to 11/22/2013, at 2:00 pm. (Show Cause Hearing reset for 11/22/2013 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/22/2013) (cd)
October 21, 2013 Opinion or Order Filing 310 DECLARATION of Michael Barnett in Support re: (308 in 1:11-cv-01590-LTS-HBP, 214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-40, #5 Exhibit 41-53)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 21, 2013 Opinion or Order Filing 309 MEMORANDUM OF LAW in Support re: (214 in 1:11-cv-08726-LTS) MOTION for Turnover and Permanent Injunction.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 21, 2013 Opinion or Order Filing 308 MOTION for Turnover and Permanent Injunction. Document filed by Universitas Education, LLC. (Attachments: #1 Affidavit of Service)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 18, 2013 Opinion or Order Filing 307 LETTER addressed to Judge Laura Taylor Swain from Ira Kleiman dated October 18, 2013 re: Order of the Court dated September 30, 2013. Document filed by Nova Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
October 17, 2013 Opinion or Order Filing 306 DECLARATION of Michael Barnett in Support re: (209 in 1:11-cv-08726-LTS) Order to Show Cause,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-40, #5 Exhibit 41-53)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 17, 2013 Opinion or Order Filing 305 MEMORANDUM OF LAW in Support re: (209 in 1:11-cv-08726-LTS) Order to Show Cause,. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 16, 2013 Opinion or Order Filing 304 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated October 16, 2013 re: Order to Show Cause for Preliminary Injunction and Turnover. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 16, 2013 Opinion or Order Filing 303 ORDER TO SHOW CAUSE ON APPLICATION FOR PRELIMINARY INJUNCTION AND TURNOVER AGAINST RESPONDENT DANIEL E. CARPENTER: Daniel E. Carpenter shall show cause as to why an order should not be issued, pursuant to Fed. R. Civ. P. 65(a), Fed. R. 69(a)(1) and N.Y. C.P.L.R 5225(b). Show Cause Hearing set for 1/10/2014 at 02:30 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/15/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(js)
October 15, 2013 Opinion or Order Filing 302 MEMORANDUM OF LAW in Support re: (207 in 1:11-cv-08726-LTS, 301 in 1:11-cv-01590-LTS-HBP) MOTION for Reconsideration re; (295 in 1:11-cv-01590-LTS-HBP, 295 in 1:11-cv-01590-LTS-HBP) Order on Motion for Sanctions,,,,,,,,,,,,,,,. MOTION for Reconsideration re; (295 in 1:11-cv-01590-LTS-HBP, 295 in 1:11-cv-01590-LTS-HBP) Order on Motion for Sanctions,,,,,,,,,,,,,,,.. Document filed by Jack E. Robinson. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
October 15, 2013 Opinion or Order Filing 301 MOTION for Reconsideration re; (295 in 1:11-cv-01590-LTS-HBP, 295 in 1:11-cv-01590-LTS-HBP) Order on Motion for Sanctions,,,,,,,,,,,,,,,. Document filed by Jack E. Robinson. Return Date set for 10/30/2013 at 05:00 PM.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
October 11, 2013 Opinion or Order Filing 300 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated October 11, 2013 re: Response to 10/10/13 Letter of Anthony J. Siano. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 10, 2013 Opinion or Order Filing 299 LETTER addressed to Judge Laura Taylor Swain from Anthony J. Siano dated 10-10-13 re: response to letter of Michael Barnett. Document filed by Daniel Carpenter.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
October 9, 2013 Opinion or Order Filing 298 LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated October 9, 2013 re: Petitioner Universitas Education, LLC's Proposed Order to Show Cause. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A: Proposed Order to Show Cause, #2 Exhibit B: Declaration of Michael Barnett, #3 Exhibit Exhibits to Barnett Declaration (Part One), #4 Exhibit Exhibits to Barnett Declarartion (Part Two), #5 Exhibit Exhibits to Barnett Declaration (Part Three), #6 Exhibit Exhibits to Barnett Declaration (Part Four), #7 Exhibit Exhibits to Barnett Declaration (Part Five), #8 Exhibit C: Memorandum of Law)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
October 8, 2013 Opinion or Order Filing 297 LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated October 8, 2013 re: Response to Letter of Ira Kleiman dated October 4, 2013. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
October 4, 2013 Opinion or Order Filing 296 LETTER addressed to Judge Laura Taylor Swain from Ira Kleiman dated October 4, 2013 re: Docket No. 295, Order of the Court to Nova Group, Inc. to deposit monies into Court. Document filed by Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
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 its 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 litigating 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 any 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 contemporaneous 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 reprimand 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).
September 30, 2013 Opinion or Order Filing 294 VERIFIED NOTICE OF SUBSTITUTION OF COUNSEL OF RECORD: Pursuant to Local Rule 1.4, Jack E. Robinson ("Attorney Robinson") hereby provides notice and moves for an Order granting the substitution of counsel for respondent Nova Group, Inc. ("Nova") and the Charter Oak Trust Welfare Benefit Plan ("Trust") in the above-captioned cases, and in furtherance hereof states as set forth herein... WHEREFORE, good cause having been shown, Attorney Robinson requests that the Court enter an Order approving this Verified Substitution of Counsel of Record in the above-referenced matters and thereby granting the withdrawal of Attorney Robinson. (See Order). (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)
September 30, 2013 Opinion or Order Filing 293 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION terminating (177) Motion for Sanctions in case 1:11-cv-01590-LTS-HBP; terminating Motion for Sanctions in case 1:11-cv-08726-LTS. Motion for Sanctions filed by Universitas Education, LLC. Accordingly, Judge Pitman's Report and Recommendation is hereby adopted in its entirety. Mr. Pastore is hereby directed to pay the reasonable attorney's fees Universitas incurred in opposing the following motions: motion for reconsideration (docket no. 46 in case no. 11 Civ. 1590), and the motions to quash (docket nos. 56, 78, 80, 82, 89, 117, 119, 121, and 123 in case no. 11 Civ. 1590). 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 any reply must be filed seven days from the date any objection is filed. This Order resolves docket entry no. 177 in 11 Civ. 1590 and docket entry no. 118 in 11 Civ. 8726. SO ORDERED.. (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)
September 30, 2013 Opinion or Order ***DELETED DOCUMENT. Deleted document numbers [293 and 199] Memorandum Order Adopting Report and Recommendation. The document was incorrectly filed in this case. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ja)
September 30, 2013 Opinion or Order Filing 292 MEMO ENDORSED granting #193 Motion for Extension of Time to File Response/Reply re #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order. ENDORSEMENT: The within motion is granted. This endorsed order resolves docket entry no. 193. Responses due by 1/4/2013. (Signed by Judge Laura Taylor Swain on 9/30/2013) (cd)
August 22, 2013 Opinion or Order Filing 291 RESPONSE re: #285 Objection to Report and Recommendations Declaration of Michael Barnett. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Michael)
August 22, 2013 Opinion or Order Filing 290 RESPONSE re: #285 Objection to Report and Recommendations. Document filed by Universitas Education, LLC. (Barnett, Michael)
August 22, 2013 Opinion or Order Filing 289 RESPONSE re: #283 Objection to Report and Recommendations. Document filed by Molly Carpenter, Amanda Rossi. (LaBelle, Dan)
August 22, 2013 Opinion or Order Filing 288 RESPONSE re: (283 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations of Universitas Education to Magistrate's July 11, 2013 Certification of Facts, Conclusions of Law and Proposed Remedy. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
August 22, 2013 Opinion or Order Filing 287 RESPONSE Of Nova Group Inc. to the Objections of Universitas Education LLC to Magistrate's July 11, 2013 Certification of Facts, Conclusions of Law and Proposed Remedy. Document filed by Nova Group, Inc. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
August 22, 2013 Opinion or Order Filing 286 DECLARATION of Ira Kleiman in Opposition re: (283 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations. Document filed by Nova Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
August 9, 2013 Opinion or Order Filing 285 OBJECTION to #278 Report and Recommendations by Magistrate Judge Pittman Document filed by Wayne Bursey. (Manning, Stephen)
August 9, 2013 Opinion or Order Filing 284 DECLARATION of Michael Barnett in Support re: (194 in 1:11-cv-08726-LTS, 283 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 9, 2013 Opinion or Order Filing 283 OBJECTION to (191 in 1:11-cv-08726-LTS, 278 in 1:11-cv-01590-LTS-HBP) Report and Recommendations Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 9, 2013 Opinion or Order Filing 282 OBJECTION to (191 in 1:11-cv-08726-LTS, 278 in 1:11-cv-01590-LTS-HBP) Report and Recommendations by Magistrate Judge Pitman Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
August 6, 2013 Opinion or Order Filing 281 RESPONSE re: (280 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 6, 2013 Opinion or Order Pro Hac Vice Fee Refunded: for #205 SUPPLEMENTAL MOTION for Stephen Vincent Manning to Appear Pro Hac Vice Supplement to Original Motion - Doc # 191. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-8101231, for the following reason(s): DUPLICATE PAYMENT. (dig)
July 24, 2013 Opinion or Order Filing 280 OBJECTION to #278 Report and Recommendations regarding contempt sanctions against Attorney Jack E. Robinson Document filed by Jack E. Robinson. (Marcus, Seth)
July 22, 2013 Opinion or Order Filing 279 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 7/22/2013 re: Counsel requests a two week extension of time for the parties to file objections to Magistrate Judge Pitman's July 12 Report and Recommendation on Universitas' motion for contempt against certain parties. Objections are currently due to be filed on or before July 26, 2013 and if granted, the objections will be due on or before August 9, 2013. ENDORSEMENT: The request is granted. Set Deadlines/Hearing as to (Objections to R&R due by 8/9/2013) (Signed by Judge Laura Taylor Swain on 7/22/2013) (ft)
July 11, 2013 Opinion or Order Filing 278 CERTIFICATION OF FACTS, CONCLUSIONS OF LAW AND PROPOSED REMEDY for #181 MOTION for Civil Contempt. I certify the facts set forth above and that Nova Group, Wayne H. Bursey, Daniel E. Carpenter and Jack E. Robinson have failed to comply with my August 17 Order in any respect. I further recommend that Nova Group, Wayne H. Bursey, Daniel E. Carpenter and Jack E. Robinson be ordered to reimburse Universitas for the reasonable attorneys' fees and costs it incurred in bringing this motion for contempt and that Universitas be directed to submit affidavits and contemporaneous time records sufficient to prove the fees and costs it incurred in bringing this motion. Objections to R&R due by 7/29/2013. (Signed by Magistrate Judge Henry B. Pitman on 7/11/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ft) Modified on 7/16/2013 (ft).
July 9, 2013 Opinion or Order Filing 277 LETTER addressed to Judge Laura Taylor Swain from Donna Vassar and Sharon Siebert dated 7/2/2013 re: Five years ago Mr. Sash Spencer, our financial partner, passed away and in so doing provided Universitas Education, LLC a life insurance death benefit which will provide the financial means to begin building the global humanitarian project that for 20 years has been our life's work. We respectfully request that Your Honor, wherever possible, grant to Universitas any funds available. Document filed by Universitas Education, LLC.(ft) Modified on 7/9/2013 (ft).
July 2, 2013 Opinion or Order Filing 276 OPINION AND ORDER re: #103359 (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 part. 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) Modified on 7/11/2013 (jab).
June 28, 2013 Opinion or Order Filing 275 RESPONSE to Universitas' Proposed Findings of Fact. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
June 28, 2013 Opinion or Order Filing 274 RESPONSE re: (272 in 1:11-cv-01590-LTS-HBP, 185 in 1:11-cv-08726-LTS) Proposed Findings of Fact. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
June 25, 2013 Opinion or Order Filing 273 AFFIDAVIT OF SERVICE of Memo of Law, Proposed Findings of Fact served on Brian Reyhani, Paula Colbath, Matt Brief, Carole Bernstein, Michael Gorelick on June 21, 2013. Service was made by FEDEX. Document filed by Daniel E Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
June 24, 2013 Opinion or Order Filing 272 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Daniel Carpenter.Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
June 24, 2013 Opinion or Order Filing 271 MEMORANDUM OF LAW. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
June 24, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Anthony Joseph Siano to RE-FILE Document (268 in 1:11-cv-01590-LTS-HBP, 181 in 1:11-cv-08726-LTS) Opposition Brief. Use the event type Proposed Findings of Fact found under the event list Trial Documents. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ka)
June 24, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Anthony Joseph Siano to RE-FILE Document #267 (180 in 1:11-cv-08726-LTS) Opposition Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ka)
June 21, 2013 Opinion or Order Filing 270 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Universitas Education, LLC.Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
June 21, 2013 Opinion or Order Filing 269 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Universitas Education, LLC.Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
June 21, 2013 Opinion or Order Filing 268 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF Respondents' Proposed Findings of Fact. Document filed by Daniel Carpenter.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony) Modified on 6/24/2013 (ka).
June 21, 2013 Opinion or Order Filing 267 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF of Respondents Moonstone Partners, Daniel Carpenter and Molly Carpenter. Document filed by Daniel Carpenter.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony) Modified on 6/24/2013 (ka).
June 20, 2013 Opinion or Order Filing 266 DECLARATION of Michael Barnett re: (173 in 1:11-cv-08726-LTS, 260 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations., DECLARATION of Michael Barnett in Opposition. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
June 20, 2013 Opinion or Order Filing 265 RESPONSE re: (173 in 1:11-cv-08726-LTS, 260 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
June 20, 2013 Opinion or Order Filing 264 RESPONSE re: (174 in 1:11-cv-08726-LTS, 261 in 1:11-cv-01590-LTS-HBP) Objection to Report and Recommendations. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
June 20, 2013 Opinion or Order Pro Hac Vice Fee Refunded: for #205 SUPPLEMENTAL MOTION for Stephen Vincent Manning to Appear Pro Hac Vice Supplement to Original Motion - Doc # 191. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-8101231, for the following reason(s): DUPLICATE PAYMENT. (dig)
June 18, 2013 Opinion or Order Filing 263 RESPONSE re: (259 in 1:11-cv-01590-LTS-HBP, 172 in 1:11-cv-08726-LTS) Objection to Report and Recommendations. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
June 10, 2013 Opinion or Order Filing 262 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 6/5/2013 re: We respectfully submit this joint letter pursuant to the Court's May 30 and June 3, 2013 Orders (dkt. 256 and 169, which was entered only in Case No. 11-8726 action). The parties are prepared to rest their respective cases on Universitas' turnover motion (dkt. no. 219), subject to the Court accepting into evidence the following additional exhibits (with the parties consenting to the Exhibits' authenticity and admissibility). The parties propose the following schedule for their submission of Proposed Findings of Fact and Conclusions of Law: Proposed Findings of Fact and Conclusions of Law due June 21, 2013 at 6 p.m. and Any responses due June 28 at 6 p.m. The parties and their counsel thank the Court for its attention to these matters. ENDORSEMENT: The exhibits and proposed scheduled are accepted. (Signed by Judge Laura Taylor Swain on 6/10/2013) (ft)
June 7, 2013 Opinion or Order Filing 261 OBJECTION to (167 in 1:11-cv-08726-LTS, 253 in 1:11-cv-01590-LTS-HBP) Report and Recommendations Document filed by Joseph M Pastore. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
June 7, 2013 Opinion or Order Filing 260 OBJECTION to (166 in 1:11-cv-08726-LTS, 252 in 1:11-cv-01590-LTS-HBP) Report and Recommendations Imposing Rule 11 Sanctions Document filed by Jack E. Robinson. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
June 5, 2013 Opinion or Order Filing 259 OBJECTION to (166 in 1:11-cv-08726-LTS, 252 in 1:11-cv-01590-LTS-HBP) Report and Recommendations Document filed by Nova Group, Inc. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
June 5, 2013 Opinion or Order Filing 258 DECLARATION of Ira Kleiman in Support re: (252 in 1:11-cv-01590-LTS-HBP) Report and Recommendations,,. Document filed by Nova Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira)
June 5, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ira Kleiman to RE-FILE Document (170 in 1:11-cv-08726-LTS) Objection to Report and Recommendations. ERROR(S): Filing Error of Attachment#1. Supporting Declaration must be filed individually. Use event code Declaration in Support(non-motion) located under Other Answers. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ka)
June 4, 2013 Opinion or Order Filing 257 FILING ERROR - DEFICIENT DOCKET ENTRY - OBJECTION to (166 in 1:11-cv-08726-LTS, 252 in 1:11-cv-01590-LTS-HBP) Report and Recommendations Document filed by Nova Group, Inc. (Attachments: #1 Affidavit Declaration of Ira Kleiman, #2 Exhibit A, #3 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Kleiman, Ira) Modified on 6/5/2013 (ka).
May 30, 2013 Opinion or Order Filing 256 ORDER granting #246 Motion in Limine. Universitas's motion in limine is granted. The June 4, 2013, hearing is canceled. The parties are directed to consult and submit a joint letter, by Monday, June 3, 2013, advising the Court as to whether each party is prepared to rest its case. The joint letter must include a proposed schedule for the parties' submission of proposed findings of fact and conclusions of law. (Signed by Judge Laura Taylor Swain on 5/30/2013) (ft)
May 29, 2013 Opinion or Order Filing 255 REPLY MEMORANDUM OF LAW in Support re: (162 in 1:11-cv-08726-LTS, 246 in 1:11-cv-01590-LTS-HBP) MOTION in Limine to Preclude Testimony of Universitas' Counsel.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
May 21, 2013 Opinion or Order Filing 254 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Anthony J. Siano dated 5/17/2013 re: The respondents' answering brief on the issue of whether Mr. Reyhani can be called as a witness are due today. Counsel have agreed to extend respondents' time to submit answering papers until Monday May 20, 2013. Also counsel have agreed to extend petitioner's counsel's time to reply to Wednesday, May 29, 2013. ENDORSEMENT: SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/20/2013) (ft) Modified on 5/23/2013 (ft).
May 21, 2013 Opinion or Order Filing 253 REPORT AND RECOMMENDATION re: (118 in 1:11-cv-08726-LTS, 177 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP filed by Universitas Education, LLC. For the reasons set forth herein, I respectfully recommend that Universitas' motion for sanctions against Mr. Pastore be granted in part and that its motion for sanctions against Smith Gambrell & Russell be denied (Docket Item 177 in 11 Civ. 1590 and Docket Item 118 in 11 Civ. 8726). Objections to R&R due by 6/7/2013. (Signed by Magistrate Judge Henry B. Pitman on 5/21/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS Copies Mailed By Chambers. (ft)
May 21, 2013 Opinion or Order Filing 252 REPORT AND RECOMMENDATION re: (115 in 1:11-cv-08726-LTS, 173 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions filed by Universitas Education, LLC. For the reasons set forth herein, I respectfully recommend that Universitas' motion for sanctions (Docket Item 173 in 11 Civ. 1590; Docket Item 115 in 11 Civ. 8726) be granted and that sanctions be imposed as set forth herein. Objections to R&R due by 6/7/2013. (Signed by Magistrate Judge Henry B. Pitman on 5/21/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ft)
May 20, 2013 Opinion or Order Filing 251 MEMORANDUM OF LAW in Opposition re: (162 in 1:11-cv-08726-LTS) MOTION in Limine to Preclude Testimony of Universitas' Counsel.. Document filed by Daniel Carpenter. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony)
May 20, 2013 Opinion or Order Filing 250 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/9/2013 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...(McGuirk, Kelly)
May 20, 2013 Opinion or Order Filing 249 TRANSCRIPT of Proceedings re: HEARING held on 5/9/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Linda Fisher, (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 6/13/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set for 8/22/2013.(McGuirk, Kelly)
May 10, 2013 Opinion or Order Filing 248 DECLARATION of Michael Barnett in Support re: (162 in 1:11-cv-08726-LTS, 246 in 1:11-cv-01590-LTS-HBP) MOTION in Limine to Preclude Testimony of Universitas' Counsel.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
May 10, 2013 Opinion or Order Filing 247 MEMORANDUM OF LAW in Support re: (162 in 1:11-cv-08726-LTS, 246 in 1:11-cv-01590-LTS-HBP) MOTION in Limine to Preclude Testimony of Universitas' Counsel.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
May 10, 2013 Opinion or Order Filing 246 MOTION in Limine to Preclude Testimony of Universitas' Counsel. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
May 9, 2013 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Oral Argument held on 5/9/2013. ORAL ARGUMENT held. Witnesses called and sworn. Exhibits admitted. Parties shall have until the close of business on Monday to submit an updated exhibit list. Motion due by 5/10/2013, opposition papers due by 5/17/2013 and reply papers due by 5/21/2013. This Oral Argument is scheduled to continue on 6/4/2013 from 10:00am to 12:00 noon. Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lan)
May 7, 2013 Opinion or Order Filing 245 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Michael Barnett dated 5/6/2013 re: We represent Universitas Education, LLC, and write to request that counsel be permitted to bring the following electronic devices into the Courthouse for the hearing set for Thursday, May 9 at 9:30 in the above captioned action. ENDORSEMENT: The request is denied without pejudice. Counsel are instructed to read the Court's Standing Order M10-468 regarding Electronic Devices and General Purposes Computing Devices. iPhones and Blackberries are Personal Electronic Devices and can only be brought in with a Service Pass, as specified in the Order. Wireless broadband devices are not allowed at all. If counsel wishes to apply for permission to bring in iPads or computers ("General Purpose Computing Devices") the prescribed form must be completed and submitted to chambers. If counsel wishes to arrange for wired internet access, counsel should contact the Court's Audio Visual Department promptly. (Signed by Judge Laura Taylor Swain on 5/6/2013) (ft) Modified on 5/8/2013 (ft).
April 26, 2013 Opinion or Order Filing 244 DECLARATION of Bryan Reyhani in Support re: (144 in 1:11-cv-08726-LTS, 219 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,,,,,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 34, #2 Exhibit 35, #3 Exhibit 36, #4 Exhibit 37, #5 Exhibit 38, #6 Exhibit 39, #7 Exhibit 40, #8 Exhibit 41)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
April 26, 2013 Opinion or Order Filing 243 REPLY MEMORANDUM OF LAW in Support re: (144 in 1:11-cv-08726-LTS, 219 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,,,,,. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
April 19, 2013 Opinion or Order Set/Reset Hearings: Show Cause Hearing set for 5/9/2013 at 09:30 AM before Judge Laura Taylor Swain. (mt)
April 19, 2013 Opinion or Order Filing 242 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Dan E. LaBelle dated 4/12/2013 re: We are the attorneys for Molly Carpenter in connection with this matter. With the consent of all interested parties, we are writing to request a minor modification in the Court's scheduling order contained within the Order to Show Cause dated March 4, 2013 (Doc. 219) ("the Order")...That filing date was linked with the originally scheduled deposition date and Univeristas therefore requests an extension of the reply paper filing date to April 26th. ENDORSEMENT: The requested modifications are approved. The hearing is rescheduled to May 9, 2013, at 9:30 AM. (Signed by Judge Laura Taylor Swain on 4/19/2013) (mt) Modified on 4/22/2013 (mt). Modified on 4/22/2013 (mt).
April 17, 2013 Opinion or Order Pro Hac Vice Fee Payment: for #205 SUPPLEMENTAL MOTION for Stephen Vincent Manning to Appear Pro Hac Vice Supplement to Original Motion - Doc # 191. Motion and supporting papers to be reviewed by Clerk's Office staff., #191 MOTION for Stephen Vincent Manning to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-8427597.(Manning, Stephen)
April 9, 2013 Opinion or Order Filing 241 SEALED DOCUMENT placed in vault.(nm)
April 8, 2013 Opinion or Order Filing 240 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Michael Barnett dated 3/4/2013 re: We would like to file Exhibits C and F under seal. Since there is no Confidentiality Order in place, we respectfully request that your Honor memo-endorse this letter, thereby allowing us to file Exhibits C and F under seal with the Clerk of the Court. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 4/8/2013) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ft)
April 8, 2013 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: (159 in 1:11-cv-08726-LTS) Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ft)
April 2, 2013 Opinion or Order Filing 239 NOTICE OF CHANGE OF ADDRESS by Andrew William Schilling on behalf of Smith, Gambrell & Russell, LLP. New Address: BuckleySandler LLP, 1133 Avenue of Americas, Suite 3100, New York, NY, 10036, (212) 600-2330. (Schilling, Andrew)
April 1, 2013 Opinion or Order Filing 238 ORDER: MOTION FOR ADMISSION PRO HAC VICE: denying #191 Motion for Stephen V. Manning to Appear Pro Hac Vice. The motion is denied without prejudice to renewal upon payment of the requisite fee. This order resolves docket entry no. 191. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/1/2013) (rsh)
March 28, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Anthony Joseph Siano to RE-FILE Document #235 Opposition Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers.***NOTE: Supporting Affidavits must be filed individually. Event code located under Other Answers. (ka) Modified on 3/28/2013
March 27, 2013 Opinion or Order Filing 237 DECLARATION of Stephen V. Manning in Support re: #191 MOTION for Stephen Vincent Manning to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #205 SUPPLEMENTAL MOTION for Stephen Vincent Manning to Appear Pro Hac Vice Supplement to Original Motion - Doc # 191. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Wayne Bursey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Manning, Stephen)
March 27, 2013 Opinion or Order Filing 236 MEMORANDUM OF LAW in Opposition re: #219 Order to Show Cause,,,,,,,,,,,,. Document filed by Molly Carpenter. (LaBelle, Dan)
March 27, 2013 Opinion or Order Filing 235 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF on Order to Show Cause. Document filed by Daniel Carpenter. (Attachments: #1 Affidavit Anthony J. Siano Affidavit, #2 Affidavit Affidavit of Service)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony) Modified on 3/28/2013 (ka).
March 27, 2013 Opinion or Order Filing 234 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF on Order to Show Cause. Document filed by Daniel Carpenter.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Siano, Anthony) Modified on 3/28/2013 (ka).
March 27, 2013 Opinion or Order Filing 233 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/4/13 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...Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Rodriguez, Somari)
March 27, 2013 Opinion or Order Filing 232 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/4/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Patricia Nilsen, (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 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 6/28/2013.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Rodriguez, Somari)
March 26, 2013 Opinion or Order Filing 231 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Anthony J. Siano dated 3/25/2013 re: Mr. Brian Reyhani, Esq. counsel for plaintiff has agreed (in a telephone call this morning) to my request for two additional days, until March 27, 2013; to submit responsive papers for Mr. Carpenter and Moonstone. With his consent, I ask the Court to grant me this additional time. ENDORSEMENT: The request is granted. (Show Cause Response due by 3/27/2013.) (Signed by Judge Laura Taylor Swain on 3/25/2013) (ft) Modified on 3/27/2013 (ft).
March 26, 2013 Opinion or Order ***DELETED DOCUMENT. Deleted document number #231 ENDORSED LETTER. The document was incorrectly filed in this case. (ft)
March 25, 2013 Opinion or Order Filing 230 REPLY MEMORANDUM OF LAW in Support re: #212 MOTION to Quash Subpoenas Issued by Universitas.. Document filed by Caldwell Life Strategies Corporation. (Heiser, Stephen)
March 21, 2013 Opinion or Order Filing 229 ORDER FOR ADMISSION PRO HAC VICE granting #159 Application for the Court to Request Counsel. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Judge Laura Taylor Swain on 3/20/2013) (ft)
March 11, 2013 Opinion or Order Filing 228 NOTICE OF APPEARANCE by Alexandra Elizabeth Rigney on behalf of USAA Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Rigney, Alexandra)
March 11, 2013 Opinion or Order Filing 227 NOTICE OF APPEARANCE by Michael Evan Gorelick on behalf of USAA Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Gorelick, Michael)
March 7, 2013 Opinion or Order Filing 226 NOTICE of Substitution of Attorney. Old Attorney: Jack E. Robinson, New Attorney: Matthew J. Brief, Address: Brief Carmen & Kleiman, 805 Third Avenue, 12th Floor, New York, NY, USA 10022, 212-758-6160. Document filed by Nova Group, Inc. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
March 5, 2013 Opinion or Order Filing 225 NOTICE OF APPEARANCE by Anthony Joseph Siano on behalf of Daniel E Carpenter (Siano, Anthony)
March 5, 2013 Opinion or Order Filing 224 AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Papers served on USAA on 3/4/2013. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
March 5, 2013 Opinion or Order Filing 223 DECLARATION of Bryan I. Reyhani in Support re: (144 in 1:11-cv-08726-LTS, 219 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,,,,,. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit Exhibits 1-18, #2 Exhibit Exhibits 19-33)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
March 5, 2013 Opinion or Order Filing 222 MEMORANDUM OF LAW in Support re: (144 in 1:11-cv-08726-LTS, 219 in 1:11-cv-01590-LTS-HBP) Order to Show Cause,,,,,,,,,,,,. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Reyhani, Bryan)
March 4, 2013 Opinion or Order Filing 221 DECLARATION of Michael Barnett in Opposition re: (212 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoenas Issued by Universitas.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
March 4, 2013 Opinion or Order Filing 220 MEMORANDUM OF LAW in Opposition re: (212 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoenas Issued by Universitas.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
March 4, 2013 Opinion or Order Filing 219 ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER AND APPLICATION FOR TURNOVER OF INSURANCE PROCEEDS AND IMPOSITION OF CONSTRUCTIVE TRUST: Judgment Debtor Nova Group, Inc., and Daniel E. Carpenter, Molly Carpenter, Moonstone Partners LLC and insurance carrier USAA shall show cause as to why an Order should not be issued (1) pursuant to Fed. R. Civ. P. 69 and N.Y. CPLR 5225, to turn over to Universitas the insurance claim proceeds or other monies (collectively, the "Proceeds") that are to be paid by third-party insurance carrier USAA in connection with any structure and/or property owned at any point in time by Moonstone Partners LLC ("Moonstone"), Daniel E. Carpenter and/or Molly Carpenter (collectively, "the Carpenters") or any entity owned by the Carpenters, including any properties at 392B Cards Pond Road in South Kingstown, Rhode Island ("South Kingstown Properties"), and (2) to impose a constructive trust on the Proceeds in Universitas' favor. Universitas shall receive expedited discovery regarding all transactions relating to the South Kingstown Properties, and that during the week of April 1, 2013, Daniel E. Carpenter and molly Carpenter each submit to a deposition not to exceed 3 hours, and a representative of Moonstone with knowledge of the matter and transactions that are the subject of the application submit to a deposition during the week of April 1, 2013, and that by March 25, 2013, the Carpenters and Moonstone shall produce documents to Universitas' counsel relating to Moonstone and the South Kingstown Properties, including, but not limited to, all financial records relating to Moonstone and transactions relating to the South Kingston Properties, including the closing binder for the acquisition, documents relating to the source of funds used to purchase and maintain the South Kingstown Properties, and documents relating to the formation and operation of Moonstone. Service of a copy of this Order, together with the underlying papers upon which it was granted, by electronic mail upon counsel for Judgment Debtor Nova Group, Inc., Moonstone and the Carpenters, and by electronic mail and overnight courier service on USAA at 9800 Fredericksburg Rd, San Antonio, Texas 78288, shall be good and sufficient if made by on or before 5:00 P.M. on March 4, 2013. Any opposing affidavits, declarations, memoranda of law, or other material shall be filed with the Court and served upon counsel for Universitas by electronic mail on or before 5:00 P.M. On March 25, 2013 and that any reply affidavits, declarations, memoranda of law, or other materials shall be filed with the Court and served on or before 5:00 P.M. on April 15, 2013. ENDORSEMENT: Courtesy copies of all papers must be provided for chambers at the time of filing. Counsel for Moonstone Mrs. Carpenter ans USAA must promptly file notices of appearance ans register for ECF notification and filing in these cases. A hearing on this application will be held on May 2, 2013, at 10:00 AM. Show Cause Hearing set for 5/2/2013 at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/4/2013) (ft)
March 4, 2013 Opinion or Order Filing 218 MANDATE of USCA (Certified Copy) as to (96 in 1:11-cv-08726-LTS, 145 in 1:11-cv-01590-LTS-HBP) Notice of Appeal,, filed by Nova Group, Inc., Nova Group, Inc USCA Case Number 12-3504. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. The mandate shall issue immediately. Nova Group shall bear the costs of appeal. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/4/2013. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(nd)
March 4, 2013 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 3/4/2013. ( Replies due by 4/15/2013., Show Cause Response due by 3/25/2013., Show Cause Hearing set for 5/2/2013 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.)ORDER TO SHOW CAUSE HEARING held. Defendants opposing papers due by 5/25/2013. Depositions to be conducted during the week of 4/1/2013. Plaintiffs reply papers due by 4/15/2013. OSC Hearing is scheduled for 5/2/2013 at 10:00am. (lan)
February 21, 2013 Opinion or Order Filing 217 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Michael Barnett dated 02/06/2013 Re: We represent Universitas Education, LLC ("Universitas") in the above-captioned consolidated proceedings, and write to respectfully request an extension of the deadline to Oppose a motion to quash filed on January 25. We write now to see a longer extension of the deadline to oppose the motion to quash, and respectfully request the following deadlines: 1) Universitas' Opposition to be filed no later than Monday, March 4. 2) Movents' Reply to be filed no later than Monday, March 25. ENDORSEMENT: The schedule proposed herein is approved. (Responses due by 3/4/2013, Replies due by 3/25/2013.) (Signed by Magistrate Judge Henry B. Pitman on 02/20/2013) (jcs)
January 28, 2013 Opinion or Order Filing 216 MEMORANDUM OF LAW in Support re: #212 MOTION to Quash Subpoenas Issued by Universitas.. Document filed by Caldwell Life Strategies Corporation. (Heiser, Stephen)
January 28, 2013 Opinion or Order Filing 215 AFFIDAVIT of Stephen T. Heiser in Support re: #212 MOTION to Quash Subpoenas Issued by Universitas.. Document filed by Caldwell Life Strategies Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Heiser, Stephen)
January 26, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen Thomas Heiser to RE-FILE Document #213 MOTION to Quash Affirmation in Support. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
January 26, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen Thomas Heiser to RE-FILE Document #214 MOTION to Quash Memorandum of Law in Support. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
January 26, 2013 Opinion or Order Filing 214 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Memorandum of Law in Support. Document filed by Caldwell Life Strategies Corporation.(Heiser, Stephen) Modified on 1/28/2013 (ldi).
January 26, 2013 Opinion or Order Filing 213 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Affirmation in Support. Document filed by Caldwell Life Strategies Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Heiser, Stephen) Modified on 1/28/2013 (ldi).
January 25, 2013 Opinion or Order Filing 212 MOTION to Quash Subpoenas Issued by Universitas. Document filed by Caldwell Life Strategies Corporation.(Heiser, Stephen)
January 25, 2013 Opinion or Order Filing 211 REPLY MEMORANDUM OF LAW in Support re: (118 in 1:11-cv-08726-LTS, 177 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
January 25, 2013 Opinion or Order Filing 210 NOTICE OF APPEARANCE by Ira Kleiman on behalf of Nova Group, Inc. (Kleiman, Ira)
January 23, 2013 Opinion or Order Filing 209 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Avraham C. Moskowitz dated 1/23/2013 re: Counsel writes, the undersigned was just retained to represent Donald Trudeau, a subpoenaed third-party witness in the pending post judgment proceedings in the above-captioned action and it is respectfully requested that the Court extend the deadlines for taking Mr. Trudeau's deposition to February 6, 2013. ENDORSEMENT: Application granted on consent. So Ordered. ( Deposition due by 2/6/2013.) (Signed by Magistrate Judge Henry B. Pitman on 1/23/2013) (ago)
January 22, 2013 Opinion or Order Filing 208 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Carole R. Bernstein dated 1/18/2013 re: Counsel requests a one week extension of time to comply with the Court's Order dated January 4, 2013 which denied certain motions to quash and ordered, inter alia; Avon Capital and Grist Mill to comply with document subpoenas served upon them within 14 days of the Order. ENDORSEMENT: AVON AND GRIST MILL'S TIME TO COMPLY WITH THE SUBPOENA IS EXTENDED TO 1-23-13. (Signed by Magistrate Judge Henry B. Pitman on 1/18/2013) (ft)
January 18, 2013 Opinion or Order Filing 207 DECLARATION of Paula K. Colbath in Support re: (181 in 1:11-cv-01590-LTS-HBP, 122 in 1:11-cv-08726-LTS) MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Universitas Education, LLC. (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)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
January 18, 2013 Opinion or Order Filing 206 REPLY MEMORANDUM OF LAW in Support re: (122 in 1:11-cv-08726-LTS, 181 in 1:11-cv-01590-LTS-HBP) MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
January 8, 2013 Opinion or Order Filing 205 FILING ERROR - DEFICIENT DOCKET ENTRY - SUPPLEMENTAL MOTION for Stephen Vincent Manning to Appear Pro Hac Vice Supplement to Original Motion - Doc # 191. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Bursey. (Attachments: #1 Exhibit A - Receipt of Filing Fee, #2 Exhibit B - Massachusetts Certificate of Good Standing)(Manning, Stephen) Modified on 1/8/2013 (bcu).
January 8, 2013 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #205 SUPPLEMENTAL MOTION for Stephen Vincent Manning to Appear Pro Hac Vice Supplement to Original Motion - Doc # 191. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bcu)
January 4, 2013 Opinion or Order Filing 204 DECLARATION of Joseph M. Pastore III in Opposition re: #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP.. Document filed by Joseph M Pastore. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pastore, Joseph)
January 4, 2013 Opinion or Order Filing 203 MEMORANDUM OF LAW in Opposition re: #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP.. Document filed by Joseph M Pastore. (Pastore, Joseph)
January 4, 2013 Opinion or Order Filing 202 DECLARATION of Stephen V. Manning in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Wayne Bursey. (Attachments: #1 Exhibit A)(Manning, Stephen)
January 4, 2013 Opinion or Order Filing 201 MEMORANDUM OF LAW in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Wayne Bursey. (Manning, Stephen)
January 4, 2013 Opinion or Order Filing 200 AFFIDAVIT OF SERVICE of Memo in Opposition served on Colbath, Robinson, Marcus, LaBelle, Norris on December 28, 2012. Service was made by Mail. Document filed by Daniel E Carpenter. (Siano, Anthony)
January 4, 2013 Opinion or Order Filing 199 MEMORANDUM OF LAW in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Daniel E Carpenter. (Siano, Anthony)
January 4, 2013 Opinion or Order Filing 198 NOTICE OF APPEARANCE by Anthony Joseph Siano on behalf of Daniel E Carpenter (Siano, Anthony)
January 4, 2013 Opinion or Order Filing 197 OPINION AND ORDER re: #102812 #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 National 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 Information 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 Mutual 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 entities 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) Modified on 1/18/2013 (jab).
January 4, 2013 Opinion or Order Filing 196 MEMORANDUM OF LAW in Opposition re: #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP.. Document filed by Smith, Gambrell & Russell, LLP. (Schilling, Andrew)
December 31, 2012 Opinion or Order Filing 195 DECLARATION of Seth L. Marcus, Esq. in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Jack E. Robinson. (Marcus, Seth)
December 31, 2012 Opinion or Order Filing 194 MEMORANDUM OF LAW in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order. Doc #190 Refiled per clerks direction. Document filed by Jack E. Robinson. (Marcus, Seth)
December 28, 2012 Opinion or Order Filing 193 MOTION for Extension of Time to File Response/Reply as to #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Wayne Bursey. (Attachments: #1 Exhibit A, Receipt of Filing Fee, #2 Notice of Motion)(Manning, Stephen)
December 28, 2012 Opinion or Order Filing 192 MEMORANDUM OF LAW in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Molly Carpenter, Amanda Rossi. (LaBelle, Dan)
December 28, 2012 Opinion or Order Filing 191 MOTION for Stephen Vincent Manning to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Bursey. (Attachments: #1 Certificate of Good Standing - CT, #2 Text of Proposed Order)(Manning, Stephen)
December 28, 2012 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #191 MOTION for Stephen Vincent Manning to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bcu)
December 27, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Seth L. Marcus to RE-FILE Document #190 Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Declaration in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
December 27, 2012 Opinion or Order Filing 190 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Jack E. Robinson. (Attachments: #1 Affidavit Attorney Declaration in Support of Robinson Opposition to Motion for Contempt)(Marcus, Seth) Modified on 12/28/2012 (ldi).
December 18, 2012 Opinion or Order Filing 189 MEMO ENDORSEMENT granting in part and denying in part #185 Motion for Extension of Time to File Response/Reply: To the extent the annexed motion seeks "dismiss[al]" of plaintiff's motion for sanction, the annexed motion is denied. There is no provision in the Federal Rules of Civil Procedure for a motion to dismiss a motion. To the extent the annexed motion seeks an extension of time, it is granted in part. Mr. Pastore's time to respond to the motion for sanctions is extended to January 4, 2013. This endorsement closes Docket Item 185 in 11 Civ. 1590 and Docket Item 126 in 11 Civ. 8726. Responses due by 1/4/2013. (Signed by Magistrate Judge Henry B. Pitman on 12/18/2012) (lmb)
December 18, 2012 Opinion or Order Filing 188 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Andrew W. Schilling dated 12/10/2012 re: This firm represents non-party Smith, Gambrell & Russell, LLP ("SGR") in connection with the pending motion by petitioner Universitas Education, LLC for the imposition of monetary sanctions against SGR and former SGR partner Joseph M. Pastore III. We respectfully submit this letter to request that the Court approve a briefing schedule for this motion as between petitioner/movant and SGR. Under the proposed schedule, SGR would file its opposition to the motion by January 4, 2013, and petitioner would file its reply by January 25, 2013. ENDORSEMENT: The schedule proposed herein is approved., ( Responses due by 1/4/2013., Replies due by 1/25/2013.) (Signed by Magistrate Judge Henry B. Pitman on 12/18/2012) Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(lmb)
December 11, 2012 Opinion or Order Filing 187 NOTICE OF APPEARANCE by Andrew William Schilling on behalf of Smith, Gambrell & Russell, LLP (Schilling, Andrew)
December 7, 2012 Opinion or Order Filing 186 DECLARATION of Michael Barnett in Opposition re: #185 MOTION for Extension of Time to File Response/Reply as to #179 Declaration in Support of Motion,, #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP., #178 Memorandum of Law in Support of Motion,. MOTION for Extension of Time to File Response/Reply as to #179 Declaration in Support of Motion,, #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP., #178 Memorandum of Law in Support of Motion,.. Document filed by Universitas Education, LLC. (Colbath, Paula)
December 6, 2012 Opinion or Order Filing 185 MOTION for Extension of Time to File Response/Reply as to #179 Declaration in Support of Motion,, #177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP., #178 Memorandum of Law in Support of Motion,. Document filed by Joseph M Pastore. (Attachments: #1 Notice)(Pastore, Joseph)
December 4, 2012 Opinion or Order Filing 184 REPLY MEMORANDUM OF LAW in Support re: (115 in 1:11-cv-08726-LTS, 173 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 28, 2012 Opinion or Order Filing 183 DECLARATION of Paula K. Colbath in Support re: (181 in 1:11-cv-01590-LTS-HBP, 122 in 1:11-cv-08726-LTS) MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 28, 2012 Opinion or Order Filing 182 MEMORANDUM OF LAW in Support re: (122 in 1:11-cv-08726-LTS, 181 in 1:11-cv-01590-LTS-HBP) MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 28, 2012 Opinion or Order Filing 181 MOTION for Civil Contempt Against Nova Group, Inc. and Daniel E. Carpenter, Wayne H. Bursey, Jack E. Robinson, Molly Carpenter and Amanda Rossi for Failure to Comply with the Court's 8/17/12 Order. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 27, 2012 Opinion or Order Filing 180 MEMORANDUM OF LAW in Opposition re: (115 in 1:11-cv-08726-LTS) MOTION for Sanctions.. Document filed by Nova Group, Inc.. (Attachments: #1 Exhibit 2d Cir. Brief)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
November 27, 2012 Opinion or Order Filing 179 DECLARATION of Michael Barnett in Support re: (118 in 1:11-cv-08726-LTS, 177 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 27, 2012 Opinion or Order Filing 178 MEMORANDUM OF LAW in Support re: (118 in 1:11-cv-08726-LTS, 177 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 27, 2012 Opinion or Order Filing 177 MOTION for Sanctions Against Joseph M. Pastore, III and Smith Gambrell & Russell, LLP. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 21, 2012 Opinion or Order Filing 176 OPINION AND ORDER: #102611 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) Modified on 11/29/2012 (jab).
November 8, 2012 Opinion or Order Filing 175 DECLARATION of Michael Barnett in Support re: (115 in 1:11-cv-08726-LTS, 173 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1), #3 Exhibit B (Part 2), #4 Exhibit B (Part 3), #5 Exhibit B (Part 4), #6 Exhibit B (Part 5), #7 Exhibit B (Part 6), #8 Exhibit C, #9 Exhibit D, #10 Exhibit E)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 8, 2012 Opinion or Order Filing 174 MEMORANDUM OF LAW in Support re: (115 in 1:11-cv-08726-LTS, 173 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 8, 2012 Opinion or Order Filing 173 MOTION for Sanctions. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 8, 2012 Opinion or Order Filing 172 DECLARATION of Michael Barnett in Support re: (111 in 1:11-cv-08726-LTS, 169 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions against Nova Group, Inc. and its Counsel, Jack E. Robinson III, Esq... Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1), #3 Exhibit B (Part 2), #4 Exhibit B (Part 3), #5 Exhibit B (Part 4), #6 Exhibit B (Part 5), #7 Exhibit B (Part 6), #8 Exhibit C, #9 Exhibit D, #10 Exhibit E)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 8, 2012 Opinion or Order Filing 171 MEMORANDUM OF LAW in Support re: (111 in 1:11-cv-08726-LTS, 169 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions against Nova Group, Inc. and its Counsel, Jack E. Robinson III, Esq... Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
November 7, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paula Kae Colbath to RE-FILE Document (168 in 1:11-cv-01590-LTS-HBP, 110 in 1:11-cv-08726-LTS) Notice (Other), Notice (Other). Use the event type Sanctions found under the event list Motions. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ldi)
November 7, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paula Kae Colbath to RE-FILE Document (111 in 1:11-cv-08726-LTS, 169 in 1:11-cv-01590-LTS-HBP) MOTION for Sanctions against Nova Group, Inc. and its Counsel, Jack E. Robinson III, Esq.. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ldi)
November 7, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Paula Kae Colbath to RE-FILE Document (170 in 1:11-cv-01590-LTS-HBP, 112 in 1:11-cv-08726-LTS) Declaration in Support of Motion. ERROR(S): Document linked to filing error. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(ldi)
November 7, 2012 Opinion or Order Filing 170 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Barnett in Support re: (111 in 1:11-cv-08726-LTS) MOTION for Sanctions against Nova Group, Inc. and its Counsel, Jack E. Robinson III, Esq... Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit B Part 3, #5 Exhibit B Part 4, #6 Exhibit B Part 5, #7 Exhibit B Part 6, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula) Modified on 11/8/2012 (ldi).
November 7, 2012 Opinion or Order Filing 169 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions against Nova Group, Inc. and its Counsel, Jack E. Robinson III, Esq.. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula) Modified on 11/8/2012 (ldi).
November 7, 2012 Opinion or Order Filing 168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion for the Imposition of Rule 11 Sanctions. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula) Modified on 11/8/2012 (ldi).
October 19, 2012 Opinion or Order Filing 167 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/19/12 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...Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Moya, Goretti)
October 19, 2012 Opinion or Order Filing 166 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/19/2012 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/22/2013.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Moya, Goretti)
October 12, 2012 Opinion or Order Filing 165 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paula K. Colbath dated 10/09/2012 re: We had asked that your Honor set an October 3 production deadline for an Order directing the foregoing, but since that date has passed we respectfully request that your Honor order the foregoing to take place by October 15 in view of depositions scheduled for October 16, 18 and 19 at the Courthouse {Mr. Robinson is scheduled to be deposed on October 19). ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 10/12/2012) (ama)
October 12, 2012 Opinion or Order Filing 164 NOTICE of Substitution of Attorney. Old Attorney: Dan E. LaBelle, New Attorney: Anthony J. Siano, Address: Law Office of Anthony J. Siano, 333 Westchester Ave, S. 302, White plains, New York, United States 10604, 914-997-0100. Document filed by Daniel E Carpenter. (Siano, Anthony)
October 10, 2012 Opinion or Order Pro Hac Vice Fee Refunded: for #159 MOTION for M. Hatcher Norris, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-7869034, for the following reason(s): DUPLICATE FEE. (dig)
October 9, 2012 Opinion or Order Filing 163 ORDER REGARDING COURTHOUSE DEPOSITIONS: It is hereby ORDERED that Loeb & Loeb LLP, counsel for Universitas Education, LLC, be permitted to bring video recording equipment into the Courthouse for the purposes of recording depositions scheduled to take place in the Courthouse during the week of October 15, 2012. This Order extends to the court reporting service that Loeb may employ for the purposes of recording depositions. It is also hereby ORDERED that counsel for the parties and witnesses be permitted to use boxes to transport into the Courthouse the documents that may be used or referred to during the depositions. (Signed by Magistrate Judge Henry B. Pitman on 10/5/2012) (ago)
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)
October 5, 2012 Opinion or Order Filing 161 ORDER denying #152 Motion to Dismiss for Lack of Jurisdiction. The Court has reviewed thoroughly the parties' papers and finds Nova's motion wholly without merit. The motion is accordingly denied. This Order resolves docket entry no. 152. SO ORDERED.(Signed by Judge Laura Taylor Swain on 10/05/2012) (ama)
October 5, 2012 Opinion or Order Filing 160 ORDER granting #147 Motion. Accordingly, Universistas' motion is granted. This Order resolves docket entry NO. 147. SO ORDERED.(Signed by Judge Laura Taylor Swain on 10/05/2012) (ama)
October 3, 2012 Opinion or Order Pro Hac Vice Fee Payment: for #72 MOTION to Quash Subpoena of Wayne Bursey.. Filing fee $ 200.00, receipt number 0208-7871761.(Norris, M. Hatcher)
October 2, 2012 Opinion or Order Filing 159 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for M. Hatcher Norris, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Bursey. (Attachments: #1 Certificate of Good Standing, #2 Order for Admission)(Norris, M. Hatcher) Modified on 10/2/2012 (bwa).
October 2, 2012 Opinion or Order Pro Hac Vice Fee Payment: for #72 MOTION to Quash Subpoena of Wayne Bursey.. Filing fee $ 200.00, receipt number 0208-7869034.(Norris, M. Hatcher)
October 2, 2012 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #159 MOTION for M. Hatcher Norris, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bwa)
September 25, 2012 Opinion or Order Filing 158 MEMORANDUM OF LAW in Opposition re: (152 in 1:11-cv-01590-LTS-HBP, 102 in 1:11-cv-08726-LTS) AMENDED MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
September 20, 2012 Opinion or Order Filing 156 ORDER: Plaintiff may serve and file its motion for contempt. My granting plaintiff leave to serve and file its motion is not an expression of opinion concerning the merits of such a motion, and as further set forth in this document. (Signed by Magistrate Judge Henry B. Pitman on 9/20/2012) Copies Sent By Chambers(cd)
September 19, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 9/19/2012. (pl)
September 19, 2012 Opinion or Order Filing 157 NOTICE OF SUBSTITUTION OF COUNSEL OF RECORD: Accordingly, Attorney Robinson is hereby substituted as counsel of record for Nova in place and stead of Attorney Pastore, Attorney Dehrnel, and ("sgr")In accordance with Local Rule 1.4, Attorneys Pastore, Dehmel and SGR are concurrently serving a copy of this Notice upon Nova. A copy of the correspondence to Nova transmitting such notice is annexed to Attorney Pastore's Declaration.Accordingly, good cause having been shown, Attorney Pastore, Attorney Dehmel and Smith, Gambrell & Russell, LLP respectfully request that the Court enter an Order recognizing the Substitution of Counsel of Record in the above-referenced matters and thereby granting the withdrawal of Attorney Pastore, Attorney Dehmel and Smith, Gambrell & Russell, LLP as counsel of record in the above-captioned matters. (Signed by Judge Laura Taylor Swain on 9/19/2012) (js)
September 19, 2012 Opinion or Order Filing 155 REPLY MEMORANDUM OF LAW in Support re: (97 in 1:11-cv-08726-LTS, 147 in 1:11-cv-01590-LTS-HBP) MOTION For an Order Pursuant to 28 U.S.C. 1963 that Good Cause Exists for the July 10, 2012 Registration of Judgment Against Nova Group in the District of Connecticut.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
September 12, 2012 Opinion or Order Filing 154 MEMORANDUM OF LAW in Opposition re: (97 in 1:11-cv-08726-LTS) MOTION For an Order Pursuant to 28 U.S.C. 1963 that Good Cause Exists for the July 10, 2012 Registration of Judgment Against Nova Group in the District of Connecticut.. Document filed by Nova Group, Inc. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
September 11, 2012 Opinion or Order Filing 153 MEMORANDUM OF LAW in Support re: (102 in 1:11-cv-08726-LTS) AMENDED MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nova Group, Inc. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
September 11, 2012 Opinion or Order Filing 152 AMENDED MOTION to Dismiss for Lack of Jurisdiction. Document filed by Nova Group, Inc. Responses due by 9/25/2012Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
September 6, 2012 Opinion or Order Filing 151 DECLARATION of Joseph M. Pastore III in Support re: (150 in 1:11-cv-01590-LTS-HBP, 100 in 1:11-cv-08726-LTS) Notice of Substitution of Attorney,. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
September 6, 2012 Opinion or Order Filing 150 NOTICE of Substitution of Attorney. Old Attorney: Joseph M. Pastore III and Paul R. Dehmel, New Attorney: Jack E. Robinson, Address: ROBINSON LAW OFFICES, 300 First Stamford Place, Suite 201, Stamford, Connecticut, USA 06902, (203) 425-4500. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
September 5, 2012 Opinion or Order Filing 149 NOTICE OF APPEARANCE by Jack E. Robinson on behalf of Nova Group, Inc Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Robinson, Jack)
August 29, 2012 Opinion or Order Filing 148 MEMORANDUM OF LAW in Support re: (97 in 1:11-cv-08726-LTS, 147 in 1:11-cv-01590-LTS-HBP) MOTION For an Order Pursuant to 28 U.S.C. 1963 that Good Cause Exists for the July 10, 2012 Registration of Judgment Against Nova Group in the District of Connecticut.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 29, 2012 Opinion or Order Filing 147 MOTION For an Order Pursuant to 28 U.S.C. 1963 that Good Cause Exists for the July 10, 2012 Registration of Judgment Against Nova Group in the District of Connecticut. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 29, 2012 Opinion or Order Filing 146 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for ..... CASE NUMBER 1:11-CV-1590..... #75 Memorandum of Law in Support of Motion filed by Donald Trudeau, #88 Memorandum of Law in Opposition to Motion,, filed by Universitas Education, LLC, #96 Reply Memorandum of Law in Support of Motion filed by Donald Trudeau, #41 Clerk's Judgment,,, #51 Memorandum of Law in Opposition to Motion filed by Universitas Education, LLC, #126 Memorandum of Law in Support of Motion filed by Daniel E Carpenter, #50 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #143 Declaration in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #139 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #43 MOTION for Attorney Fees and Costs. filed by Universitas Education, LLC, #92 Memorandum of Law in Opposition to Motion, filed by Universitas Education, LLC, #36 Endorsed Letter,, #73 Memorandum of Law in Support of Motion filed by Wayne Bursey, #8 Order for Initial Pretrial Conference, #124 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #134 Notice of Change of Address filed by Richard S Order, #141 Notice of Filing Transcript, #103 Memorandum of Law in Opposition to Motion, filed by Universitas Education, LLC, #42 Notice of Appearance filed by Universitas Education, LLC, #25 Endorsed Letter, Set Deadlines/Hearings,, #9 Certificate of Service Other filed by Nova Group, Inc., #64 Endorsed Letter, Set Deadlines,,,, #130 Memorandum of Law in Support of Motion filed by Amanda Rossi, #23 Rule 26(f) Discovery Plan Report filed by Universitas Education, LLC, #91 Memorandum of Law in Opposition to Motion,, filed by Universitas Education, LLC, #3 MOTION to Dismiss or in the Alternative Transfer. filed by Nova Group, Inc., #14 Declaration in Support of Motion filed by Universitas Education, LLC, #133 Order on Motion to Quash,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #125 MOTION to Quash Information Subpooena of Daniel Carpenter. filed by Daniel E Carpenter, #138 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #6 MOTION to Confirm Arbitration. filed by Universitas Education, LLC, #7 Rule 7.1 Corporate Disclosure Statement filed by Universitas Education, LLC, #71 Memorandum of Law in Support of Motion filed by Daniel E Carpenter, #83 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #85 MOTION to Quash Rule 45 Subpoena and Post-Judgment Restraining Notice and Information Subpoena of Halloran & Sage, LLP. filed by Halloran & Sage, LLP, #5 Notice of Appearance filed by Universitas Education, LLC, #53 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #27 Notice of Change of Address filed by Nova Group, Inc., #18 Reply Memorandum of Law in Support of Motion filed by Universitas Education, LLC, #62 Declaration in Support of Motion, filed by Richard S Order, #129 MOTION to Quash Subpoena of Amanda Rossi. filed by Amanda Rossi, #80 MOTION to Quash of Information Subpoenas Issued to NOVA Group, Inc. and The Charter Oak Trust Welfare Benefit Plan. filed by Nova Group, Inc., Nova Group, Inc, #29 Letter, filed by Universitas Education, LLC, #17 Endorsed Letter, #4 Memorandum of Law in Support of Motion filed by Nova Group, Inc., #34 Response in Opposition to Motion filed by Nova Group, Inc., #93 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #142 MOTION for Paul R. Dehmel to Withdraw as Attorney. filed by Nova Group, Inc., Nova Group, Inc, #77 Declaration in Opposition to Motion,, filed by Universitas Education, LLC, #122 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #44 Declaration in Support of Motion, filed by Universitas Education, LLC, #63 Order on Motion to Dismiss/Lack of Jurisdiction,,,,, #19 Declaration in Support of Motion filed by Universitas Education, LLC, #86 Memorandum of Law in Support of Motion, filed by Halloran & Sage, LLP, #98 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #65 Memorandum of Law in Opposition to Motion, filed by Universitas Education, LLC, #59 Reply Memorandum of Law in Support of Motion filed by Universitas Education, LLC, #144 Notice (Other), Notice (Other) filed by Nova Group, Inc., Nova Group, Inc, #110 Order on Motion for Miscellaneous Relief,,,,, #131 Memorandum of Law in Opposition to Motion,,, filed by Universitas Education, LLC, #132 Declaration in Opposition to Motion,,, filed by Nova Group, Inc, Universitas Education, LLC, #99 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #35 Endorsed Letter, #38 Order, Set Hearings,, #31 Notice of Appearance filed by Universitas Education, LLC, #140 Transcript,, #56 MOTION to Quash Subpoenas of M&T Bank, Sovereign Bank, Peoples United Bank, WSFS Bank Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo. filed by Nova Group, Inc., Nova Group, Inc, #123 MOTION to Quash Subpoena as to The Penn Mutual Life Insurance Company. filed by Nova Group, Inc., Nova Group, Inc, #20 Reply Memorandum of Law in Support of Motion filed by Nova Group, Inc., #79 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #11 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #137 Memorandum of Law in Opposition to Motion, filed by Universitas Education, LLC, #135 Memorandum of Law in Opposition to Motion, filed by Universitas Education, LLC, #119 MOTION to Quash Subpoena as to Malkin Properties. filed by Nova Group, Inc., Nova Group, Inc, #115 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #106 Notice (Other) filed by Wayne Bursey, #87 Declaration in Opposition to Motion,,, filed by Universitas Education, LLC, #61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena. filed by Richard S Order, #46 MOTION for Reconsideration re; #40 Order on Motion to Confirm Arbitration,,,,,. filed by Nova Group, Inc., #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 National Life Insurance Company. filed by Nova Group, Inc., Nova Group, Inc, #95 Reply Memorandum of Law in Support of Motion filed by Wayne Bursey, #74 MOTION to Quash Subpoena of Donald Trudeau. filed by Donald Trudeau, #118 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #52 MOTION to Dismiss for Lack of Jurisdiction. filed by Nova Group, Inc., Nova Group, Inc, #40 Order on Motion to Confirm Arbitration,,,,, #127 MOTION to Quash Subpoena of Molly Carpenter. filed by Molly Carpenter, #84 Reply Memorandum of Law in Support of Motion filed by Richard S Order, #113 Order Referring Case to Magistrate Judge, #10 Memorandum of Law in Opposition to Motion filed by Universitas Education, LLC, #107 MOTION to Quash Information Subpoena of Wayne H. Bursey. filed by Wayne Bursey, #22 Reply Memorandum of Law in Support filed by Nova Group, Inc., #112 Letter, #45 Notice of Change of Address filed by Universitas Education, LLC, #89 MOTION to Quash of Subpoena as to Carmen Macca. filed by Nova Group, Inc., Nova Group, Inc, #105 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #72 MOTION to Quash Subpoena of Wayne Bursey. filed by Wayne Bursey, #2 Rule 7.1 Corporate Disclosure Statement filed by Nova Group, Inc., #55 Memorandum of Law in Opposition to Motion, filed by Nova Group, Inc., Nova Group, Inc, #24 Order on Motion to Dismiss, Order on Motion to Confirm Arbitration,,,, #32 MOTION to Confirm Arbitration Award (Renewed). filed by Universitas Education, LLC, #16 Endorsed Letter, #37 Order, Set Hearings,, #57 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #94 Reply Memorandum of Law in Support of Motion filed by Daniel E Carpenter, #82 MOTION to Quash of Subpoenas as to Ballard Spahr LLP, Fox Rothschild LLP, Halloran & Sage LLP, Updike Kelly & Spellacy, P.C., and Smith, Gambrell & Russell, LLP. filed by Nova Group, Inc., Nova Group, Inc, #33 Endorsed Letter, Set Hearings,, #13 Notice (Other) filed by Nova Group, Inc., #54 Order on Motion to Stay,,, #66 Joinder filed by Universitas Education, LLC, #136 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #101 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #100 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #28 Endorsed Letter,, #108 Memorandum of Law in Support of Motion filed by Wayne Bursey, #128 Memorandum of Law in Support of Motion filed by Molly Carpenter, #76 Memorandum of Law in Opposition to Motion filed by Universitas Education, LLC, #12 Affidavit in Opposition to Motion filed by Universitas Education, LLC, #78 MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson. filed by Nova Group, Inc., Nova Group, Inc, #1 Notice of Removal filed by Nova Group, Inc., #15 Memorandum of Law in Opposition to Motion filed by Nova Group, Inc., #81 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #39 Order, Set Hearings,, #109 Order, #58 Reply Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #114 MOTION to Dismiss for Lack of Jurisdiction. filed by Nova Group, Inc., Nova Group, Inc, #104 Declaration in Opposition to Motion, filed by Universitas Education, LLC, #120 Memorandum of Law in Support of Motion, filed by Nova Group, Inc., Nova Group, Inc, #102 MOTION Application to Reinstate Motion to Dismiss re: (51 in 1:11-cv-08726-LTS, 51 in 1:11-cv-08726-LTS, 63 in 1:11-cv-01590-LTS, 63 in 1:11-cv-01590-LTS) Order on Motion to Dismiss/Lack of Jurisdiction,,,,,. MOTION Application to Reinstate Motion to Dismiss re: (51 in 1:11-cv-08726-LTS, 51 in 1:11-cv-08726-LTS, 63 in 1:11-cv-01590-LTS, 63 in 1:11-cv-01590-LTS) Order on Motio
August 29, 2012 Opinion or Order Filing 145 NOTICE OF APPEAL from (41 in 1:11-cv-01590-LTS-HBP, 34 in 1:11-cv-08726-LTS) Clerk's Judgment,,, (33 in 1:11-cv-08726-LTS, 33 in 1:11-cv-08726-LTS, 40 in 1:11-cv-01590-LTS-HBP, 40 in 1:11-cv-01590-LTS-HBP) Order on Motion to Confirm Arbitration,,,,, (109 in 1:11-cv-01590-LTS-HBP) Order,. Document filed by Nova Group, Inc, Nova Group, Inc.. Filing fee $ 455.00, receipt number 0208-7771329. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 29, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (96 in 1:11-cv-08726-LTS, 145 in 1:11-cv-01590-LTS-HBP) Notice of Appeal,,. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(nd)
August 27, 2012 Opinion or Order Filing 144 NOTICE of Withdrawal of Motion to Dismiss re: (115 in 1:11-cv-01590-LTS-HBP, 79 in 1:11-cv-08726-LTS) Memorandum of Law in Support of Motion, (114 in 1:11-cv-01590-LTS-HBP, 78 in 1:11-cv-08726-LTS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 27, 2012 Opinion or Order Filing 143 DECLARATION of Paul R. Dehmel in Support re: (93 in 1:11-cv-08726-LTS, 142 in 1:11-cv-01590-LTS-HBP) MOTION for Paul R. Dehmel to Withdraw as Attorney.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Dehmel, Paul)
August 27, 2012 Opinion or Order Filing 142 MOTION for Paul R. Dehmel to Withdraw as Attorney. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Dehmel, Paul)
August 24, 2012 Opinion or Order Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial conference proceeding held on 8/17/2012 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)
August 24, 2012 Opinion or Order Filing 140 TRANSCRIPT of Proceedings re: initial conference held on 8/17/2012 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 9/17/2012. Redacted Transcript Deadline set for 9/27/2012. Release of Transcript Restriction set for 11/29/2012.(tro)
August 23, 2012 Opinion or Order Filing 139 DECLARATION of Michael Barnett in Opposition re: (114 in 1:11-cv-01590-LTS-HBP, 78 in 1:11-cv-08726-LTS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit G)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 22, 2012 Opinion or Order Filing 138 DECLARATION of Michael Barnett in Opposition re: (114 in 1:11-cv-01590-LTS-HBP, 78 in 1:11-cv-08726-LTS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 22, 2012 Opinion or Order Filing 137 MEMORANDUM OF LAW in Opposition re: (114 in 1:11-cv-01590-LTS-HBP, 78 in 1:11-cv-08726-LTS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Colbath, Paula)
August 20, 2012 Opinion or Order Filing 136 DECLARATION of Michael Barnett in Opposition re: #127 MOTION to Quash Subpoena of Molly Carpenter., #125 MOTION to Quash Information Subpooena of Daniel Carpenter., #129 MOTION to Quash Subpoena of Amanda Rossi.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Colbath, Paula)
August 20, 2012 Opinion or Order Filing 135 MEMORANDUM OF LAW in Opposition re: #127 MOTION to Quash Subpoena of Molly Carpenter., #125 MOTION to Quash Information Subpooena of Daniel Carpenter., #129 MOTION to Quash Subpoena of Amanda Rossi.. Document filed by Universitas Education, LLC. (Colbath, Paula)
August 20, 2012 Opinion or Order Filing 134 NOTICE OF CHANGE OF ADDRESS by Richard Steven Order on behalf of Richard S Order. New Address: Updike, Kelly & Spellacy, P.C., 100 Pearl Street, 17th Floor, P.O. Box 231277, Hartford, CT, 06123-1277, 860-548-2659. (Order, Richard)
August 17, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 8/17/2012. (mro)
August 17, 2012 Opinion or Order Filing 133 ORDER denying #56 Motion to Quash; denying #78 Motion to Quash; denying #80 Motion to Quash; denying #82 Motion to Quash; denying #89 Motion to Quash. A conference having been held in this matter on August 17, 2012, for the reasons stated on the record in open court, it is hereby ORDERED that: Respondent's objections to petitioner's discovery requests (annexed to petitioner's August 10, 2012 letter) are overruled. Respondent shall answer the discovery requests no later than August 31, 2012. Respondent's motions to quash petitioner's subpoenas issued to (a) M&T Bank, Sovereign Bank, People's United Bank, WSFS Bank-Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo (Docket Item 56), (b) Nova Group, Inc., as trustee, sponsor and named fiduciary of The Charter Oak Trust Welfare Benefit Plan (Docket Item 80), and (c) Carmen Macca (Docket Item 89), are denied. With respect to petitioner's subpoena to Nova Group, Inc., the requested documents are to be produced no later than August 31, 2012. All other witnesses should use their best efforts to complete their document production by August 31, 2012. Respondent's motions to quash petitioner's subpoenas issued to (a) Jack E. Robinson and Law Offices of Jack E. Robinson (Docket Item 78), and (b) Ballard Spahr LLP, Fox Rothschild LLP, Halloran & Sage LLP, Updike Kelly & Spellacy, P.C., and Smith, Gambrell & Russell, LLP (Docket Item 82), are denied. The witnesses' obligation to comply with the subpoenas is adjourned, sine die, pending discovery from the non-attorney witnesses listed in paragraph 2 of this Order. (Signed by Magistrate Judge Henry B. Pitman on 8/17/2012) Copies Sent By Chambers. (mro)
August 16, 2012 Opinion or Order Filing 132 DECLARATION of Michael Barnett in Opposition re: (80 in 1:11-cv-08726-LTS, 117 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoenas as to Avon Capital, LLC, Avon Insurance Trust, and Avon Insurance Welfare Benefit Plan and Grist Mill Capital, LLC., (119 in 1:11-cv-01590-LTS-HBP, 82 in 1:11-cv-08726-LTS) MOTION to Quash Subpoena as to Malkin Properties., (121 in 1:11-cv-01590-LTS-HBP, 84 in 1:11-cv-08726-LTS) MOTION to Quash Subpoena as to Lincoln Financial Group and Lincoln National Life Insurance Company., (86 in 1:11-cv-08726-LTS, 123 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoena as to The Penn Mutual Life Insurance Company.. Document filed by Nova Group, Inc, Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
August 16, 2012 Opinion or Order Filing 131 MEMORANDUM OF LAW in Opposition re: (80 in 1:11-cv-08726-LTS, 117 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoenas as to Avon Capital, LLC, Avon Insurance Trust, and Avon Insurance Welfare Benefit Plan and Grist Mill Capital, LLC., (119 in 1:11-cv-01590-LTS-HBP, 82 in 1:11-cv-08726-LTS) MOTION to Quash Subpoena as to Malkin Properties., (121 in 1:11-cv-01590-LTS-HBP, 84 in 1:11-cv-08726-LTS) MOTION to Quash Subpoena as to Lincoln Financial Group and Lincoln National Life Insurance Company., (86 in 1:11-cv-08726-LTS, 123 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoena as to The Penn Mutual Life Insurance Company.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Barnett, Michael)
August 13, 2012 Opinion or Order Filing 130 MEMORANDUM OF LAW in Support re: #129 MOTION to Quash Subpoena of Amanda Rossi.. Document filed by Amanda Rossi. (LaBelle, Dan)
August 13, 2012 Opinion or Order Filing 129 MOTION to Quash Subpoena of Amanda Rossi. Document filed by Amanda Rossi.(LaBelle, Dan)
August 13, 2012 Opinion or Order Filing 128 MEMORANDUM OF LAW in Support re: #127 MOTION to Quash Subpoena of Molly Carpenter.. Document filed by Molly Carpenter. (LaBelle, Dan)
August 13, 2012 Opinion or Order Filing 127 MOTION to Quash Subpoena of Molly Carpenter. Document filed by Molly Carpenter.(LaBelle, Dan)
August 13, 2012 Opinion or Order Filing 126 MEMORANDUM OF LAW in Support re: #125 MOTION to Quash Information Subpooena of Daniel Carpenter.. Document filed by Daniel E Carpenter. (LaBelle, Dan)
August 13, 2012 Opinion or Order Filing 125 MOTION to Quash Information Subpooena of Daniel Carpenter. Document filed by Daniel E Carpenter.(LaBelle, Dan)
August 10, 2012 Opinion or Order Filing 124 MEMORANDUM OF LAW in Support re: (86 in 1:11-cv-08726-LTS, 123 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoena as to The Penn Mutual Life Insurance Company.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 123 MOTION to Quash Subpoena as to The Penn Mutual Life Insurance Company. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 122 MEMORANDUM OF LAW in Support re: (121 in 1:11-cv-01590-LTS-HBP, 84 in 1:11-cv-08726-LTS) MOTION to Quash Subpoena as to Lincoln Financial Group and Lincoln National Life Insurance Company.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 121 MOTION to Quash Subpoena as to Lincoln Financial Group and Lincoln National Life Insurance Company. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 120 MEMORANDUM OF LAW in Support re: (119 in 1:11-cv-01590-LTS-HBP, 82 in 1:11-cv-08726-LTS) MOTION to Quash Subpoena as to Malkin Properties.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 119 MOTION to Quash Subpoena as to Malkin Properties. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 118 MEMORANDUM OF LAW in Support re: (80 in 1:11-cv-08726-LTS, 117 in 1:11-cv-01590-LTS-HBP) MOTION to Quash Subpoenas as to Avon Capital, LLC, Avon Insurance Trust, and Avon Insurance Welfare Benefit Plan and Grist Mill Capital, LLC.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 117 MOTION to Quash Subpoenas as to Avon Capital, LLC, Avon Insurance Trust, and Avon Insurance Welfare Benefit Plan and Grist Mill Capital, LLC. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 10, 2012 Opinion or Order Filing 116 MEMORANDUM OF LAW in Opposition re: #107 MOTION to Quash Information Subpoena of Wayne H. Bursey.. Document filed by Universitas Education, LLC. (Colbath, Paula)
August 8, 2012 Opinion or Order Filing 115 MEMORANDUM OF LAW in Support re: (114 in 1:11-cv-01590-LTS-HBP, 78 in 1:11-cv-08726-LTS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 8, 2012 Opinion or Order Filing 114 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS-HBP, 1:11-cv-08726-LTS(Pastore, Joseph)
August 8, 2012 Opinion or Order Filing 113 ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. (Motions to Quash Subpoenas) Referred to Magistrate Judge Henry B. Pitman. Motions referred to Henry B. Pitman. (Signed by Judge Laura Taylor Swain on 7/17/2012 NPT) (js)
August 7, 2012 Opinion or Order Filing 112 Letter addressed to Judge Laura Taylor Swain from Joseph M. Pastore III dated 8/2/2012 re: Counsel writes in brief response to plaintiffs inappropriate 8/1/12 correspondence to Your Honor. (jfe)
August 7, 2012 Opinion or Order Filing 111 Letter addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 8/1/2012 re: Counsel writes in response to judgment Debtors' 7/30/12 application to reinstate their proposed post-judgment motion to dismiss for alleged lack of subject matter jurisdiction. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(jfe)
August 7, 2012 Opinion or Order Filing 110 MEMO ENDORSEMENT on re: (102) Motion in case 1:11-cv-01590-LTS; granting (72) Motion in case 1:11-cv-08726-LTS; granting (75) Motion in case 1:11-cv-01590-LTS; granting [] Motion in case 1:11-cv-08726-LTS. ENDORSEMENT: The reinstatement application is granted. Nova and its counsel are hereby reminded of the obligations and potential penalties provided for by FRCP 11 and 28 U.S.C. section 1927. This endorsement resolves docket entry # 102. (Signed by Judge Laura Taylor Swain on 8/3/2012) Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(jfe)
August 7, 2012 Opinion or Order Filing 109 ORDER: The Court has reviewed Respondent's motion for reconsideration of the Court's June 5, 2012, Order confirming the arbitration reward and finds it meritless. The motion is denied. This Order resolves docket entry no. 46. (Signed by Judge Laura Taylor Swain on 8/3/2012) (jfe)
August 3, 2012 Opinion or Order Filing 108 MEMORANDUM OF LAW in Support re: #107 MOTION to Quash Information Subpoena of Wayne H. Bursey.. Document filed by Wayne Bursey. (Attachments: #1 Exhibit A, #2 Exhibit B)(LaBelle, Dan)
August 3, 2012 Opinion or Order Filing 107 MOTION to Quash Information Subpoena of Wayne H. Bursey. Document filed by Wayne Bursey.(LaBelle, Dan)
August 3, 2012 Opinion or Order Filing 106 NOTICE of Motion to Quash. Document filed by Wayne Bursey. (LaBelle, Dan)
August 2, 2012 Opinion or Order Filing 105 REPLY MEMORANDUM OF LAW in Support re: (62 in 1:11-cv-08726-LTS, 89 in 1:11-cv-01590-LTS) MOTION to Quash of Subpoena as to Carmen Macca.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 31, 2012 Opinion or Order Filing 104 DECLARATION of Michael Barnett in Opposition re: (62 in 1:11-cv-08726-LTS, 89 in 1:11-cv-01590-LTS) MOTION to Quash of Subpoena as to Carmen Macca.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 31, 2012 Opinion or Order Filing 103 MEMORANDUM OF LAW in Opposition re: (62 in 1:11-cv-08726-LTS, 89 in 1:11-cv-01590-LTS) MOTION to Quash of Subpoena as to Carmen Macca.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 30, 2012 Opinion or Order Filing 102 MOTION Application to Reinstate Motion to Dismiss re: (51 in 1:11-cv-08726-LTS, 51 in 1:11-cv-08726-LTS, 63 in 1:11-cv-01590-LTS, 63 in 1:11-cv-01590-LTS) Order on Motion to Dismiss/Lack of Jurisdiction,,,,,. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 26, 2012 Opinion or Order Filing 101 REPLY MEMORANDUM OF LAW in Support re: (82 in 1:11-cv-01590-LTS, 58 in 1:11-cv-08726-LTS) MOTION to Quash of Subpoenas as to Ballard Spahr LLP, Fox Rothschild LLP, Halloran & Sage LLP, Updike Kelly & Spellacy, P.C., and Smith, Gambrell & Russell, LLP.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 26, 2012 Opinion or Order Filing 100 REPLY MEMORANDUM OF LAW in Support re: (47 in 1:11-cv-08726-LTS, 56 in 1:11-cv-01590-LTS) MOTION to Quash Subpoenas of M&T Bank, Sovereign Bank, Peoples United Bank, WSFS Bank Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 26, 2012 Opinion or Order Filing 99 REPLY MEMORANDUM OF LAW in Support re: (56 in 1:11-cv-08726-LTS, 80 in 1:11-cv-01590-LTS) MOTION to Quash of Information Subpoenas Issued to NOVA Group, Inc. and The Charter Oak Trust Welfare Benefit Plan.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 26, 2012 Opinion or Order Filing 98 DECLARATION of Michael Barnett in Opposition re: (85 in 1:11-cv-01590-LTS) MOTION to Quash Rule 45 Subpoena and Post-Judgment Restraining Notice and Information Subpoena of Halloran & Sage, LLP.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 26, 2012 Opinion or Order Filing 97 MEMORANDUM OF LAW in Opposition re: (85 in 1:11-cv-01590-LTS) MOTION to Quash Rule 45 Subpoena and Post-Judgment Restraining Notice and Information Subpoena of Halloran & Sage, LLP.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 25, 2012 Opinion or Order Filing 96 REPLY MEMORANDUM OF LAW in Support re: #74 MOTION to Quash Subpoena of Donald Trudeau.. Document filed by Donald Trudeau. (LaBelle, Dan)
July 25, 2012 Opinion or Order Filing 95 REPLY MEMORANDUM OF LAW in Support re: #72 MOTION to Quash Subpoena of Wayne Bursey.. Document filed by Wayne Bursey. (LaBelle, Dan)
July 25, 2012 Opinion or Order Filing 94 REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Quash Subpoena of Daniel Carpenter.. Document filed by Daniel E Carpenter. (LaBelle, Dan)
July 25, 2012 Opinion or Order Filing 93 REPLY MEMORANDUM OF LAW in Support re: (78 in 1:11-cv-01590-LTS, 54 in 1:11-cv-08726-LTS) MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 24, 2012 Opinion or Order Filing 92 MEMORANDUM OF LAW in Opposition re: (56 in 1:11-cv-08726-LTS, 80 in 1:11-cv-01590-LTS) MOTION to Quash of Information Subpoenas Issued to NOVA Group, Inc. and The Charter Oak Trust Welfare Benefit Plan.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 24, 2012 Opinion or Order Filing 91 MEMORANDUM OF LAW in Opposition re: (82 in 1:11-cv-01590-LTS, 58 in 1:11-cv-08726-LTS) MOTION to Quash of Subpoenas as to Ballard Spahr LLP, Fox Rothschild LLP, Halloran & Sage LLP, Updike Kelly & Spellacy, P.C., and Smith, Gambrell & Russell, LLP., (78 in 1:11-cv-01590-LTS, 54 in 1:11-cv-08726-LTS) MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 24, 2012 Opinion or Order Filing 90 MEMORANDUM OF LAW in Support re: (62 in 1:11-cv-08726-LTS, 89 in 1:11-cv-01590-LTS) MOTION to Quash of Subpoena as to Carmen Macca.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 24, 2012 Opinion or Order Filing 89 MOTION to Quash of Subpoena as to Carmen Macca. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 23, 2012 Opinion or Order Filing 88 MEMORANDUM OF LAW in Opposition re: (74 in 1:11-cv-01590-LTS) MOTION to Quash Subpoena of Donald Trudeau., (72 in 1:11-cv-01590-LTS) MOTION to Quash Subpoena of Wayne Bursey., (78 in 1:11-cv-01590-LTS, 54 in 1:11-cv-08726-LTS) MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson., (70 in 1:11-cv-01590-LTS) MOTION to Quash Subpoena of Daniel Carpenter.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 23, 2012 Opinion or Order Filing 87 DECLARATION of Michael Barnett in Opposition re: (54 in 1:11-cv-08726-LTS, 78 in 1:11-cv-01590-LTS) MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson., (74 in 1:11-cv-01590-LTS) MOTION to Quash Subpoena of Donald Trudeau., (72 in 1:11-cv-01590-LTS) MOTION to Quash Subpoena of Wayne Bursey., (70 in 1:11-cv-01590-LTS) MOTION to Quash Subpoena of Daniel Carpenter.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 19, 2012 Opinion or Order Filing 86 MEMORANDUM OF LAW in Support re: #85 MOTION to Quash Rule 45 Subpoena and Post-Judgment Restraining Notice and Information Subpoena of Halloran & Sage, LLP.. Document filed by Halloran & Sage, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(LaBelle, Dan)
July 19, 2012 Opinion or Order Filing 85 MOTION to Quash Rule 45 Subpoena and Post-Judgment Restraining Notice and Information Subpoena of Halloran & Sage, LLP. Document filed by Halloran & Sage, LLP. (Attachments: #1 Notice)(LaBelle, Dan)
July 19, 2012 Opinion or Order Filing 84 FIRST REPLY MEMORANDUM OF LAW in Support re: #61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena.. Document filed by Richard S Order. (Order, Richard)
July 17, 2012 Opinion or Order Filing 83 MEMORANDUM OF LAW in Support re: (82 in 1:11-cv-01590-LTS, 58 in 1:11-cv-08726-LTS) MOTION to Quash of Subpoenas as to Ballard Spahr LLP, Fox Rothschild LLP, Halloran & Sage LLP, Updike Kelly & Spellacy, P.C., and Smith, Gambrell & Russell, LLP.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 17, 2012 Opinion or Order Filing 82 MOTION to Quash of Subpoenas as to Ballard Spahr LLP, Fox Rothschild LLP, Halloran & Sage LLP, Updike Kelly & Spellacy, P.C., and Smith, Gambrell & Russell, LLP. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 17, 2012 Opinion or Order Filing 81 MEMORANDUM OF LAW in Support re: (56 in 1:11-cv-08726-LTS, 80 in 1:11-cv-01590-LTS) MOTION to Quash of Information Subpoenas Issued to NOVA Group, Inc. and The Charter Oak Trust Welfare Benefit Plan.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 17, 2012 Opinion or Order Filing 80 MOTION to Quash of Information Subpoenas Issued to NOVA Group, Inc. and The Charter Oak Trust Welfare Benefit Plan. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 17, 2012 Opinion or Order Filing 79 MEMORANDUM OF LAW in Support re: (78 in 1:11-cv-01590-LTS, 54 in 1:11-cv-08726-LTS) MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 17, 2012 Opinion or Order Filing 78 MOTION to Quash Subpoenas as to attorney Jack E. Robinson and Law Offices of Jack E. Robinson. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 17, 2012 Opinion or Order Filing 77 DECLARATION of Michael Barnett in Opposition re: #61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Colbath, Paula)
July 17, 2012 Opinion or Order Filing 76 MEMORANDUM OF LAW in Opposition re: #61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena.. Document filed by Universitas Education, LLC. (Colbath, Paula)
July 16, 2012 Opinion or Order Filing 75 MEMORANDUM OF LAW in Support re: #74 MOTION to Quash Subpoena of Donald Trudeau.. Document filed by Donald Trudeau. (LaBelle, Dan)
July 16, 2012 Opinion or Order Filing 74 MOTION to Quash Subpoena of Donald Trudeau. Document filed by Donald Trudeau. (Attachments: #1 Notice, #2 Exhibit A)(LaBelle, Dan)
July 16, 2012 Opinion or Order Filing 73 MEMORANDUM OF LAW in Support re: #72 MOTION to Quash Subpoena of Wayne Bursey.. Document filed by Wayne Bursey. (LaBelle, Dan)
July 16, 2012 Opinion or Order Filing 72 MOTION to Quash Subpoena of Wayne Bursey. Document filed by Wayne Bursey. (Attachments: #1 Notice, #2 Exhibit A)(LaBelle, Dan)
July 16, 2012 Opinion or Order Filing 71 MEMORANDUM OF LAW in Support re: #70 MOTION to Quash Subpoena of Daniel Carpenter.. Document filed by Daniel E Carpenter. (LaBelle, Dan)
July 16, 2012 Opinion or Order Filing 70 MOTION to Quash Subpoena of Daniel Carpenter. Document filed by Daniel E Carpenter. (Attachments: #1 Notice, #2 Exhibit A)(LaBelle, Dan)
July 16, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dan E. LaBelle to RE-FILE Document #67 MOTION to Quash Subpoena of Daniel Carpenter. #68 MOTION to Quash Subpoena of Donald Trudeau. #69 MOTION to Quash Subpoena of Wayne Bursey. ERROR(S): Supporting Documents (Memorandum in Support of Motion) are filed separately, each receiving their own document #'s. (db)
July 13, 2012 Opinion or Order Filing 69 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash Subpoena of Wayne Bursey. Document filed by Wayne Bursey. (Attachments: #1 Notice, #2 Memorandum of Law)(LaBelle, Dan) Modified on 7/16/2012 (db).
July 13, 2012 Opinion or Order Filing 68 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash Subpoena of Donald Trudeau. Document filed by Donald Trudeau. (Attachments: #1 Notice, #2 Memorandum of Law)(LaBelle, Dan) Modified on 7/16/2012 (db).
July 13, 2012 Opinion or Order Filing 67 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash Subpoena of Daniel Carpenter. Document filed by Daniel E Carpenter. (Attachments: #1 Memorandum of Law, #2 Notice)(LaBelle, Dan) Modified on 7/16/2012 (db).
July 12, 2012 Opinion or Order Filing 66 JOINDER to join re: (65 in 1:11-cv-01590-LTS, 52 in 1:11-cv-08726-LTS) Memorandum of Law in Opposition to Motion,. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Reyhani, Bryan)
July 12, 2012 Opinion or Order Filing 65 MEMORANDUM OF LAW in Opposition re: (47 in 1:11-cv-08726-LTS, 56 in 1:11-cv-01590-LTS) MOTION to Quash Subpoenas of M&T Bank, Sovereign Bank, Peoples United Bank, WSFS Bank Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo.. Document filed by Universitas Education, LLC. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Colbath, Paula)
July 12, 2012 Opinion or Order Filing 64 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 7/10/2012 re: Counsel for judgment creditor requests that the Court refrain from taking any action with respect to it until universitas has submitted its opposition, which pursuant to local Rule 6.1 (a) will be submitted by July 17 if not earlier. ENDORSEMENT: The deposition subpoena is stayed pending order of the Court. Universitas shall file and serve its opposition by July 17, 2012. (Signed by Judge Laura Taylor Swain on 7/12/2012) (js)
July 12, 2012 Opinion or Order Filing 63 ORDER: It is hereby ORDERED, that the above-referenced motion is 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 ORDERED, that no response to the motion 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 accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (Signed by Judge Laura Taylor Swain on 7/12/2012) Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(js)
July 11, 2012 Opinion or Order Filing 62 DECLARATION of Richard S. Order, Esq. in Support re: #61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena.. Document filed by Richard S Order. (Attachments: #1 Exhibit Exhibit A Subpoena and Notice of Deposition, #2 Exhibit Exhibit B Correspondence from Attorney Paula Colbath to Attorney Joseph Pastore, #3 Exhibit Exhibit C Attorney Richard Order Correspondence to Attorney Paula Colbath)(Order, Richard)
July 11, 2012 Opinion or Order Filing 61 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena. Document filed by Richard S Order.(Order, Richard)
July 11, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard Steven Order to RE-FILE Document #60 EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
July 10, 2012 Opinion or Order Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY - EMERGENCY MOTION for Protective Order Regarding Deposition Subpoena. Document filed by Richard S Order. (Attachments: #1 Affidavit Declaration of Richard S. Order, Esq., #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration)(Order, Richard) Modified on 7/11/2012 (db).
July 10, 2012 Opinion or Order Filing 59 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION for Attorney Fees and Costs.. Document filed by Universitas Education, LLC. (Colbath, Paula)
July 6, 2012 Opinion or Order Filing 58 REPLY MEMORANDUM OF LAW in Support re: (46 in 1:11-cv-01590-LTS) MOTION for Reconsideration re; (40) Order on Motion to Confirm Arbitration,,,,,., (37 in 1:11-cv-08726-LTS) MOTION for Reconsideration re; (33) Order on Motion to Confirm Arbitration,,,,,.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 5, 2012 Opinion or Order Filing 57 MEMORANDUM OF LAW in Support re: (47 in 1:11-cv-08726-LTS, 56 in 1:11-cv-01590-LTS) MOTION to Quash Subpoenas of M&T Bank, Sovereign Bank, Peoples United Bank, WSFS Bank Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 5, 2012 Opinion or Order Filing 56 MOTION to Quash Subpoenas of M&T Bank, Sovereign Bank, Peoples United Bank, WSFS Bank Christiana Trust, TD Bank, JP Morgan Chase, Bank of America, and Wells Fargo. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 3, 2012 Opinion or Order Filing 55 MEMORANDUM OF LAW in Opposition re: (43 in 1:11-cv-01590-LTS) MOTION for Attorney Fees and Costs., (35 in 1:11-cv-08726-LTS) MOTION for Attorney Fees and Costs.. Document filed by Nova Group, Inc, Nova Group, Inc.. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 2, 2012 Opinion or Order Filing 53 MEMORANDUM OF LAW in Support re: (52 in 1:11-cv-01590-LTS, 43 in 1:11-cv-08726-LTS) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 2, 2012 Opinion or Order Filing 52 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
July 2, 2012 Opinion or Order Filing 51 MEMORANDUM OF LAW in Opposition re: #46 MOTION for Reconsideration re; #40 Order on Motion to Confirm Arbitration,,,,,.. Document filed by Universitas Education, LLC. (Colbath, Paula)
June 29, 2012 Opinion or Order Filing 54 MEMO ENDORSEMENT ON (49) Motion to Stay in case 1:11-cv-01590-LTS; denying (40) Motion to Stay in case 1:11-cv-08726-LTS; denying (49) Motion to Stay in case 1:11-cv-01590-LTS; denying (40) Motion to Stay in case 1:11-cv-08726-LTS. ENDORSEMENT: The request for a stay is denied. This endorsement resolves docket entry no. 49. (Signed by Judge Laura Taylor Swain on 6/29/2012) Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(djc)
June 27, 2012 Opinion or Order Filing 50 MEMORANDUM OF LAW in Support re: (40 in 1:11-cv-08726-LTS, 49 in 1:11-cv-01590-LTS) MOTION to Stay.. Document filed by Nova Group, Inc, Nova Group, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
June 27, 2012 Opinion or Order Filing 49 MOTION to Stay. Document filed by Nova Group, Inc, Nova Group, Inc..Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph)
June 26, 2012 Opinion or Order Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: (47 in 1:11-cv-01590-LTS, 38 in 1:11-cv-08726-LTS) MOTION to Stay.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph) Modified on 6/27/2012 (ldi).
June 26, 2012 Opinion or Order Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Stay. Document filed by Universitas Education, LLC.Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(Pastore, Joseph) Modified on 6/27/2012 (ldi).
June 21, 2012 Opinion or Order Filing 46 MOTION for Reconsideration re; #40 Order on Motion to Confirm Arbitration,,,,,. Document filed by Nova Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pastore, Joseph)
June 21, 2012 Opinion or Order Filing 45 NOTICE OF CHANGE OF ADDRESS by Bryan Isaac Reyhani on behalf of Universitas Education, LLC. New Address: Reyhani Nemirovsky LLP, 200 Park Avenue, 17th Floor, New York, New York, United States 10166, 2128974030. (Reyhani, Bryan)
June 21, 2012 Opinion or Order Filing 44 DECLARATION of Paula K. Colbath in Support re: #43 MOTION for Attorney Fees and Costs.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Colbath, Paula)
June 21, 2012 Opinion or Order Filing 43 MOTION for Attorney Fees and Costs. Document filed by Universitas Education, LLC.(Colbath, Paula)
June 21, 2012 Opinion or Order Filing 42 NOTICE OF APPEARANCE by Bryan Isaac Reyhani on behalf of Universitas Education, LLC (Reyhani, Bryan)
June 7, 2012 Opinion or Order Filing 41 CLERK'S JUDGMENT # 12,1003 That for the reasons stated in the Court's Memorandum Order dated June 5, 2012, the petition for confirmation of the award is granted; Respondent's cross-motion for vacatur of the Award is denied; and judgment is entered confirming the January 24, 2011, Phase I Arbitration Award, awarding Petitioner $26,558,308.36, plus interest thereon from January 24, 2011, at the rate of 10% per annum ($3,623,571.94), for a total judgment of $30,181,880.30; accordingly, this case is closed as well as the member case, No. 11 Civ. 8726. (Signed by Clerk of Court Ruby Krajick on 6/7/12) (Attachments: #1 notice of right to appeal)Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(ml)
June 5, 2012 Opinion or Order Filing 40 ORDER granting (32) Motion to Confirm Arbitration in case. Respondent's cross-motion for vacatur of the Award is denied. This Memorandum Order resolves docket entry no. 32. The Clerk of Court is respectfully requested to enter judgment confirming the January 24,2011, Phase I Arbitration Award, awarding Petitioner $26,558,308.36, plus interest thereon from January 24,2011, at the rate of 10% per annum ($3,623,571.94), for a total judgment of$30,181,880.30, and close this case as well as the member case, No. 11 Civ. 8726. (Signed by Judge Laura Taylor Swain on 6/5/2012) Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(cd)
June 5, 2012 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: (40 in 1:11-cv-01590-LTS, 40 in 1:11-cv-01590-LTS, 33 in 1:11-cv-08726-LTS, 33 in 1:11-cv-08726-LTS) Order on Motion to Confirm Arbitration, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(cd)
May 30, 2012 Opinion or Order Filing 39 ORDER: In light of the pending dispositive motion, the initial pretrial conference scheduled for May 31, 2012 is hereby adjourned to June 13, 2012 at 1:15 p.m., ( Initial Conference set for 6/13/2012 at 01:15 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/29/2012) (lmb)
May 2, 2012 Opinion or Order Filing 38 ORDER. In light of the pending dispositive motion, the initial pretrial conference scheduled for May 3, 2012 at 11:00 a.m. is hereby adjourned to May 31, 2012 at 12:15 p.m. (Initial Conference set for 5/31/2012 at 12:15 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/1/2012) (rjm)
February 10, 2012 Opinion or Order Filing 37 ORDER: that in light of the pending dispositive motion, the initial pretrial conference scheduled for February 2012 is adjourned until May 3, 2012 at 11:00 a.m., ( Initial Conference set for 5/3/2012 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/10/2012) Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(pl)
January 19, 2012 Opinion or Order Filing 36 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 1/18/2012 re: Universitas respectfully request that Your Honor consolidate case nos. 11-01590-LTS and 11-08726-LTS and specifically, deem Universitas' petition to confirm filed in case nos. 11-01590-LTS to be responsive to both petitions to vacate that Nova Group has filed with respect to the award. ENDORSEMENT: The consolidation request is granted. The Lead docket number will be 11-01590 and the papers previously filed in this case will be deemed responses to those file in the transferred case, 11-08726. (Signed by Judge Laura Taylor Swain on 1/19/2012) Filed In Associated Cases: 1:11-cv-01590-LTS, 1:11-cv-08726-LTS(jfe)
January 4, 2012 Opinion or Order Filing 35 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 1/3/2012 re: Universitas respectfully request that the Court deem the parties to have already complied with paragraphs two and three of the Order. ENDORSEMENT: Granted. The request is granted as noted above. (Signed by Judge Laura Taylor Swain on 1/4/2012) (jfe)
November 23, 2011 Opinion or Order Filing 34 RESPONSE in Opposition re: #32 MOTION to Confirm Arbitration Award (Renewed)., #6 MOTION to Confirm Arbitration.. Document filed by Nova Group, Inc.. (Pastore, Joseph)
November 18, 2011 Opinion or Order Filing 33 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 11/16/2011 re: Adjournment of pretrial conference. ENDORSEMENT: The conference is adjourned to February 10, 2012, at 10:15 a.m. So ordered. (Pretrial Conference set for 2/10/2012 at 10:15 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 11/15/2011) (rjm)
November 16, 2011 Opinion or Order Filing 32 MOTION to Confirm Arbitration Award (Renewed). Document filed by Universitas Education, LLC.(Barnett, Michael)
November 16, 2011 Opinion or Order Filing 31 NOTICE OF APPEARANCE by Michael Steven Barnett on behalf of Universitas Education, LLC (Barnett, Michael)
September 26, 2011 Opinion or Order Filing 30 Letter addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 9/23/2011 re: We represent Petitioner Universitas Education LLC ("Universitas") in this action, and write to oppose Respondent Nova Group's request that the Pre-Trial Conference set for September 28 be adjourned until December. Document filed by Universitas Education, LLC.(lmb)
September 26, 2011 Opinion or Order Filing 29 Letter addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 9/23/2011 re: We represent Petitioner Universitas Education LLC in this action, and write to oppose Respondent Nova Group's request that the Pre-Trial Conference set for September 28 be adjourned until December. We respectfully request that your Honor adjourn the Pre-Trial Conference to October 26, 2011 or another date in October that is convenient to the Court. Document filed by Universitas Education, LLC.(lmb)
September 26, 2011 Opinion or Order Filing 28 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joseph M. Pastore III dated 9/22/2011 re: We represent Nova Group, LLC in this action and write concerning the upcoming Pre-Trial Conference currently scheduled for September 28, 2011. We respectfully request that the Conference be adjourned. ENDORSEMENT: The conference is adjourned to December 9, 2011, at 11:15 AM. The parties are directed to notify the undersigned immediately of any decision on the transfer motion in the Connecticut action. (Signed by Judge Laura Taylor Swain on 9/26/2011) (lmb) Modified on 9/26/2011 (lmb).
September 26, 2011 Opinion or Order Set/Reset Hearings: Pretrial Conference set for 12/9/2011 at 11:15 AM before Judge Laura Taylor Swain. (lmb)
September 22, 2011 Opinion or Order Filing 27 NOTICE OF CHANGE OF ADDRESS by Joseph M. Pastore, III on behalf of Nova Group, Inc.. New Address: Smith, Gambrell & Russell, LLP, 250 Park Avenue, Suite 1900, New York, New York, USA 10177, (212) 907-9700. (Pastore, Joseph)
September 22, 2011 Opinion or Order Filing 26 NOTICE OF CHANGE OF ADDRESS by Paul R. Dehmel on behalf of Nova Group, Inc.. New Address: Smith, Gambrell & Russell, LLP, 250 Park Avenue, Suite 1900, New York, New York, USA 10177, (212) 907-9700. (Dehmel, Paul)
July 25, 2011 Opinion or Order Filing 25 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula Colbath dated 7/22/11 re: Request for a new control date in 9/11 for the PreTrial Conference. ENDORSEMENT: The conference is adjourned to 9/28/11, at 2:00 pm. (Pretrial Conference reset for 9/28/2011 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 7/22/11) (cd)
April 27, 2011 Opinion or Order Filing 24 ORDER denying #3 Motion to Dismiss; denying #6 Motion to Confirm Arbitration, in light of the motion to dismiss the related action currently pending in the District of Connecticut, without prejudice to renewal after the disposition of the latter motion. The parties are instructed to notify the Court promptly of the resolution of that motion. The pretrial conference currently scheduled for 4/29/11, is hereby adjourned to a control date of 7/29/11, at 3:00 pm. This order resolves docket entry nos. 3 and 6. (Signed by Judge Laura Taylor Swain on 4/27/11) (cd)
April 27, 2011 Opinion or Order Set Deadlines/Hearings: Initial Pretiral Conference set for 7/29/2011 at 03:00 PM before Judge Laura Taylor Swain. (cd)
April 22, 2011 Opinion or Order Filing 23 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Universitas Education, LLC.(Colbath, Paula)
April 20, 2011 Opinion or Order Filing 22 REPLY MEMORANDUM OF LAW in Support re: #15 Memorandum of Law in Opposition to Motion to Confirm and Cross Motion to Vacate (and in Reply to Opposition to Cross-Motion). Document filed by Nova Group, Inc.. (Pastore, Joseph)
April 20, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph M. Pastore, III to RE-FILE Document #21 Brief. Use the event type Reply Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
April 19, 2011 Opinion or Order Filing 21 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(REPLY MEMORANDUM OF LAW IN SUPPORTOF MOTION) - BRIEF re: #15 Memorandum of Law in Opposition to Motion In Reply to Opposition to Cross Motion [Dkt. 18]. Document filed by Nova Group, Inc..(Pastore, Joseph) Modified on 4/20/2011 (ka).
April 13, 2011 Opinion or Order Filing 20 REPLY MEMORANDUM OF LAW in Support re: #3 MOTION to Dismiss or in the Alternative Transfer.. Document filed by Nova Group, Inc.. (Pastore, Joseph)
April 12, 2011 Opinion or Order Filing 19 DECLARATION of Paula K. Colbath in Support re: #6 MOTION to Confirm Arbitration.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Colbath, Paula)
April 12, 2011 Opinion or Order Filing 18 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Confirm Arbitration.. Document filed by Universitas Education, LLC. (Colbath, Paula)
April 12, 2011 Opinion or Order Filing 17 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Paula K. Colbath dated 4/11/11 re: Petitioner respectfully requests that the Court deny Respondent's belated request for a page extension of 21 pages. ENDORSEMENT: Petitioner may file a full-size opposition to the "cross-motion" to vacate. So ordered. (Signed by Judge Laura Taylor Swain on 4/11/2011) (rjm)
April 11, 2011 Opinion or Order Filing 16 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joseph M. Pastore dated April 6, 2011 re: We simultaneously request that the Court consider the Opposition in its totality as an oversized brief that exceeds the Court's 25-page limitation. ENDORSEMENT: The request is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/11/11) (jmi)
April 5, 2011 Opinion or Order Filing 15 MEMORANDUM OF LAW in Opposition re: #6 MOTION to Confirm Arbitration. and Cross Motion to Vacate. Document filed by Nova Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pastore, Joseph)
April 1, 2011 Opinion or Order Filing 14 DECLARATION of Paula K. Colbath in Support re: #3 MOTION to Dismiss or in the Alternative Transfer.. Document filed by Universitas Education, LLC. (Colbath, Paula)
March 30, 2011 Opinion or Order Filing 13 NOTICE of Compliance with Paragraph 3 of Court's Initial Conference Order re: #8 Order for Initial Pretrial Conference. Document filed by Nova Group, Inc.. (Pastore, Joseph)
March 25, 2011 Opinion or Order Filing 12 AFFIDAVIT of Sharon Siebert in Opposition re: #3 MOTION to Dismiss or in the Alternative Transfer.. Document filed by Universitas Education, LLC. (Colbath, Paula)
March 25, 2011 Opinion or Order Filing 11 DECLARATION of Paula K. Colbath in Opposition re: #3 MOTION to Dismiss or in the Alternative Transfer.. Document filed by Universitas Education, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Colbath, Paula)
March 25, 2011 Opinion or Order Filing 10 MEMORANDUM OF LAW in Opposition re: #3 MOTION to Dismiss or in the Alternative Transfer.. Document filed by Universitas Education, LLC. (Colbath, Paula)
March 21, 2011 Opinion or Order Filing 9 CERTIFICATE OF SERVICE of Initial Conference Order served on Paula K. Colbath, Esq. on 3-18-11. Service was made by Mail. Document filed by Nova Group, Inc.. (Pastore, Joseph)
March 16, 2011 Opinion or Order Filing 8 INITIAL CONFERENCE ORDER: Initial Conference set for 4/29/2011 at 10:45 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/15/11) (rjm)
March 15, 2011 Opinion or Order Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Universitas Education, LLC.(Colbath, Paula)
March 15, 2011 Opinion or Order Filing 6 MOTION to Confirm Arbitration. Document filed by Universitas Education, LLC. (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, #15 Exhibit 15, #16 Exhibit 16)(Colbath, Paula)
March 15, 2011 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Paula Kae Colbath on behalf of Universitas Education, LLC (Colbath, Paula)
March 11, 2011 Opinion or Order Filing 4 MEMORANDUM OF LAW in Support re: #3 MOTION to Dismiss or in the Alternative Transfer.. Document filed by Nova Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pastore, Joseph)
March 11, 2011 Opinion or Order Filing 3 MOTION to Dismiss or in the Alternative Transfer. Document filed by Nova Group, Inc..(Pastore, Joseph)
March 8, 2011 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nova Group, Inc.(ama)
March 8, 2011 Opinion or Order Filing 1 NOTICE OF REMOVAL from State Supreme, County of New York. Case Number: 650370-11. (Filing Fee $ 350.00, Receipt Number 931545).Document filed by Nova Group, Inc.(ama)
March 8, 2011 Opinion or Order Magistrate Judge Henry B. Pitman is so designated. (ama)
March 8, 2011 Opinion or Order Case Designated ECF. (ama)

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Search for this case: Universitas Education, LLC v. Nova Group, Inc.
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Petitioner: Universitas Education, LLC
Represented By: Joseph L. Manson, III
Represented By: Patrick D. Bonner, Jr
Represented By: Bryan Isaac Reyhani
Represented By: Frank David D'Angelo
Represented By: Michael Steven Barnett
Represented By: Paula Kae Colbath
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Petitioner: Daniel E Carpenter
Represented By: Dan E. LaBelle
Represented By: David Andrew. Slossberg
Represented By: Jeffrey Eric Sandberg
Represented By: Anthony Joseph Siano
Represented By: Jeffrey Benson Einhorn
Represented By: Lawrence S. Grossman
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Petitioner: Donald Trudeau
Represented By: Dan E. LaBelle
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Petitioner: Wayne Bursey
Represented By: Dan E. LaBelle
Represented By: Stephen Vincent Manning
Represented By: M. Hatcher Norris
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Petitioner: Halloran & Sage, LLP
Represented By: Dan E. LaBelle
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Petitioner: Molly Carpenter
Represented By: Dan E. LaBelle
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Petitioner: Amanda Rossi
Represented By: Dan E. LaBelle
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Petitioner: Caldwell Life Strategies Corporation
Represented By: Stephen Thomas Heiser
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Respondent: Nova Group, Inc.
Represented By: Joseph M. Pastore, III
Represented By: Roger Lee Stavis
Represented By: Ira Kleiman
Represented By: Jack E. Robinson
Represented By: Paul R. Dehmel
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Respondent: Grist Mill Trust Welfare Benefit Plan
Represented By: Glenn Alan Duhl
Represented By: Dan E. LaBelle
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Respondent: Grist Mill Capital, LLC
Represented By: Jeffrey Eric Sandberg
Represented By: Roger Stavis
Represented By: Carole Rose Bernstein
Represented By: CeCe Cole
Represented By: Jeffrey Benson Einhorn
Represented By: Kevin Michael Brown
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Respondent: Avon Capital LLC
Represented By: Michael S Taylor
Represented By: Carole Rose Bernstein
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Respondent: Charter Oak Trust Welfare Benefit Plan
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Respondent: Phoenix Capital Management, LLC
Represented By: Michael S Taylor
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Respondent: Hanover Trust Company
Represented By: Michael S Taylor
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Respondent: Carpenter Financial Group, Inc.
Represented By: Michael S Taylor
Represented By: Jeffrey Eric Sandberg
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Intervenor plaintiff: HUG Funding, LLC
Represented By: Ira S Lipsius
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Not classified by court: Richard S Order
Represented By: Richard Steven Order
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Not classified by court: Mr Joseph M Pastore
Represented By: Joseph M. Pastore, III
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Not classified by court: Smith, Gambrell & Russell, LLP
Represented By: Andrew William Schilling
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Not classified by court: Jack E. Robinson
Represented By: Jack E. Robinson
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Not classified by court: USAA
Represented By: Michael Evan Gorelick
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Interested party: Gerald H Willaims
Represented By: Michael H Bloom
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Interested party: Minneapolis Trailer Sales, Inc.
Represented By: Kristin B. Rowell
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Interested party: Keith Kornovich
Represented By: Kristin B. Rowell
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Interested party: Mark Kornovich
Represented By: Kristin B. Rowell
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Interested party: Sickness, Accident, Disabilty Indemnity Trust 2005
Represented By: Dan E. LaBelle
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Interested party: The Penn Mutual Life Insurance Company,
Represented By: Katherine Leigh Villanueva
Represented By: Robert J. Mancuso
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Interested party: Benistar 419 Plan and Trust
Represented By: Dan E. LaBelle
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Interested party: GMT Living Benefits Trust
Represented By: Dan E. LaBelle
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Interested party: Nutmeg Trust
Represented By: Dan E. LaBelle
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Interested party: Life One Welfare Benefit Trust
Represented By: Dan E. LaBelle
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Interested party: Grist Mill Partners LLC
Represented By: Dan E. LaBelle
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Interested party: Survivorship Plan and Trust
Represented By: Dan E. LaBelle
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