OPT OUT OF IEAM, LLC et al v. Industrial Enterprises of America, Inc. et al
OPT OUT OF IEAM, LLC, Edward McCabe, Joel Burger, Patrick Byrne, Brian Denyeau, Caroline Renck Dow, Cobblestone Asset Mgmt, Joni Geiger, Dana Hendrickson, Charles Hendrickson, Terrance & Kimberly Holm, Mark Johnson, Carl Kahn, Elaine Kroll Revocable Trust, Jeffrey P. Knightly, Brendan D. McCabe, Edward F. McCabe, III, Brendan & Melanie MacMillian, Hugh Frederick MacMillian, Henry & Eileen Matthews, Michael Palazzi, IRA, Michael T. Richards, Jonathan Raleigh, Sue Sanders, Constance Sczesny Trust, Edward Sczensy Trust, Heather L. Ordal Vinar, Vance Vinar, Vance G. Vinar, Jr., Andrew & Roberta Wallace, Edwin J. Wilmot, Chad Wolff, Courtney Wolff and Scott Wolff |
Industrial Enterprises of America, Inc. |
Laurence M. Rosen, Esq. |
1:2011cv08470 |
November 22, 2011 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Denise L Cote |
Michael H Dolinger |
Securities/Commodities |
15 U.S.C. § 78 |
Plaintiff |
Docket Report
This docket was last retrieved on July 17, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 43 STIPULATED FINAL JUDGMENT... (Signed by Judge Denise L. Cote on 7/17/2015) (gr) |
Filing 42 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Harlan Protass dated 2/14/2014 re: Accordingly, I write to respectfully request that this Court extend the date for the Segundos to file their aforementioned reply from February 18, 2014 to February 28, 2014. ENDORSEMENT: Application Granted., ( Replies due by 2/28/2014.) (Signed by Magistrate Judge Michael H. Dolinger on 2/18/2014) (ama) |
Filing 41 ENDORSED LETTER addressed to Judge Denise L. Cote from Harlan Protass dated 12/18/2013 re: Counsel for Ernest C. Segundo, Jr. and Ernest C. Segundo, Sr. respectfully requests, wit consent of counsel for IEAM and Opt Out of IEAM LLC, that this Court modify its December 4, 2013 Order to permit restoration of the referenced matters to this Court's calendar on or before March 15, 2014. ENDORSEMENT: All letter must be filed in accordance with the Court's ECF rules. Granted. (Signed by Judge Denise L. Cote on 1/6/2014) (gr) |
Filing 40 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Harlan Protass dated 12/17/2013 re: Counsel for plaintiff respectfully requests the following schedule for submissions relating to my December 5, 2013 letter: (1) response by Industrial Enterprises of America, Inc. on or before January 24, 2014; and (2) reply by the Segundos on or before February 3, 2014. ENDORSEMENT: The proposed briefing schedule is adopted. (Responses due by 1/24/2014, Replies due by 2/3/2014.) (Signed by Magistrate Judge Michael H. Dolinger on 12/19/2013) (rsh) |
Filing 39 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: Attorneys' fees and Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Denise L. Cote on 12/4/2013) (lmb) |
Filing 38 ORDER OF DISCONTINUANCE. It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is hereby discontinued without costs to any party and without prejudice to restoring the action to this Courts calendar if the application to restore the action is made within thirty days. (Signed by Judge Denise L. Cote on 12/4/2013) (gr) |
Filing 37 NOTICE OF APPEARANCE by Kevin Koon-Pon Chan on behalf of Laurence M. Rosen, Esq. (Chan, Kevin) |
Filing 36 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Denise L. Cote on 8/23/2013) (lmb) |
Filing 35 ORDER...the parties shall contact the Chambers of Magistrate Judge Dolinger prior to August 30, 2013, in order to pursue settlement discussions under his supervision. (Signed by Judge Denise L. Cote on 8/23/2013) (gr) |
Filing 34 PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held on the record on August 23, 2013, the following schedule shall govern the further conduct of pretrial proceedings in this case:Any motion for summary judgment due by 1/17/2014. Opposition due by 2/7/2014. Reply, if any due by 2/14/2014. Fact Discovery must be completed by 12/13/2013. In the event no motion is filed, the Joint Pretrial Order must be filed by 1/17/2014. See Pretrial Scheduling Order for Judge Cote's procedures governing the filing of the Pretrial Order and supporting papers. (Signed by Judge Denise L. Cote on 8/23/2013) (gr) |
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Michael H. Dolinger. Please note that this is a reassignment of the designation only. (pgu) |
Filing 33 OPINION & ORDER: #102688 Rosen's August 31 motion to dismiss the complaint in case number 11 Civ. 8836 (DLC) and his September 19 motion to dismiss the complaint in case number 11 Civ. 8470 (DLC) are denied. Plaintiff in case number 11 Civ. 8470 (DLC) shall perfect service of Rosen no later than January 18, 2013, or the claims against him will be dismissed. (Signed by Judge Denise L. Cote on 12/11/2012) (ft) Modified on 12/21/2012 (jab). |
Filing 32 Letter addressed to Judge Denise L. Cote from Allen L. Finkelstein dated 11/30/2012 re: Counsel writes again regarding the extant motion of the Nominal Defendant Laurence M. Rosen, Esq. to dismiss the Amended Complaint in the above referenced action. Document filed by Industrial Enterprises of America, Inc.(ft) |
Filing 31 Letter addressed to Judge Denise L. Cote from Harvey N. Fertig dated 11/29/2012 re: Counsel requests that the court set a date for oral argument on this matter. Document filed by Industrial Enterprises of America, Inc. (ft) Modified on 12/11/2012 (ft). |
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Harvey N. Fertig for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint,,, to: caseopenings@nysd.uscourts.gov. (tro) |
Filing 30 REPLY AFFIDAVIT of Phillip Kim in Support re: #20 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 .. Document filed by Laurence M. Rosen, Esq. (Attachments: #1 Exhibit 2)(Kim, Phillip) |
Filing 29 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 .. Document filed by Laurence M. Rosen, Esq. (Kim, Phillip) |
Filing 28 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillip Kim dated 11/7/2012 re: I represent nominal defendant Laurence Rosen. I write the Court to request that Mr. Rosen's time to submit his reply in further support of his motion to dismiss be extended from November 9, 2012 to November 12, 2012. ENDORSEMENT: Granted. ( Replies due by 11/12/2012.) (Signed by Judge Denise L. Cote on 11/8/2012) (djc) |
Filing 27 Letter addressed to Judge Denise L. Cote from Allen L. Finkelstein dated 11/1/2012 re: Accordingly, in the interest of judicial and litigation economy for all parties, we will not be serving answering papers responsive to the Motion. Document filed by Industrial Enterprises of America, Inc..(djc) |
Filing 26 RESPONSE in Opposition re: #20 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 .. Document filed by Andrew & Roberta Wallace, Brendan & Melanie MacMillian, Joel Burger, Patrick Byrne, Cobblestone Asset Mgmt, Constance Sczesny Trust, Brian Denyeau, Caroline Renck Dow, Edward Sczensy Trust, Elaine Kroll Revocable Trust, Joni Geiger, Charles Hendrickson, Dana Hendrickson, Henry & Eileen Matthews, Industrial Enterprises of America, Inc., Mark Johnson, Carl Kahn, Jeffrey P. Knightly, Hugh Frederick MacMillian, Edward F. McCabe, III, Edward McCabe, Brendan D. McCabe, OPT OUT OF IEAM, LLC, Michael Palazzi, IRA, Jonathan Raleigh, Michael T. Richards, Laurence M. Rosen, Esq, Sue Sanders, Terrance & Kimberly Holm, Heather L. Ordal Vinar, Vance Vinar, Vance G. Vinar, Jr, Edwin J. Wilmot, Chad Wolff, Courtney Wolff, Scott Wolff. (Fertig, Harvey) |
Filing 25 ENDORSED LETTER addressed to Judge Denise L. Cote from Harvey N. Fertig dated 10/11/2010 re: I would request that the dates for the opposition be moved to November 2, 2012 and the reply to November 9, 2012. ENDORSEMENT: Granted. (Responses due by 11/2/2012. Replies due by 11/9/2012.) (Signed by Judge Denise L. Cote on 10/12/2012) (rjm) |
Filing 24 Letter addressed to Judge Denise L. Cote from Allen L. Finkelstein dated 10/4/2012 re: Attorney for Defendant Industrial Enterprises of America, Inc. writes to inform the Court we have discussed Mr. Rosen's motion with their client and have concluded that Industrial Enterprises of America, Inc. will be taking no position concerning this application. While we believe that Mr. Rosen is a proper and required Nominal Defendant, your decision concerning the instant motion,we believe does not directly impact on our client's posture in this case. Accordingly, in the interest of judicial and litigation economy, we will not be serving answering papers in this motion. Document filed by Industrial Enterprises of America, Inc. Related to 11-CV-8836.(ago) |
Filing 23 ORDER: that plaintiffs shall file any amended complaint by October 19, 2012. Plaintiffs will have no further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by that the plaintiffs' opposition must be submitted by October 19, 2012. Defendant Rosen's reply, if any, must be submitted by October 26, 2012. Additional relief as set forth in this Order. (Signed by Judge Denise L. Cote on 9/25/2012) (pl) |
Set/Reset Deadlines: Amended Pleadings due by 10/19/2012. Responses due by 10/19/2012 Replies due by 10/26/2012. (pl) |
Filing 22 DECLARATION of Phillip Kim in Support re: #20 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 .. Document filed by Laurence M. Rosen, Esq. (Attachments: #1 Exhibit 1)(Kim, Phillip) |
Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 .. Document filed by Laurence M. Rosen, Esq. (Kim, Phillip) |
Filing 20 MOTION to Dismiss the Complaint., MOTION to Strike Document No. #1 . Document filed by Laurence M. Rosen, Esq. (Attachments: #1 Text of Proposed Order)(Kim, Phillip) |
Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 3/30/12 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...(McGuirk, Kelly) |
Filing 18 TRANSCRIPT of Proceedings re: CONFERNCE held on 3/30/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Jennifer Thun, (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 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012.(McGuirk, Kelly) |
Filing 17 ORDER: on May 31, 2013, or within seven days thereafter, counsel for IEAM shall inform the Court by letter of all claims that have been asserted against the Holdback Fund. IT IS FURTHER ORDERED that the Court's Order of March 1, 2012 approving the settlement in case number 11 Civ. 9470 (DLC) is vacated. The Clerk of Court is directed to reopen the case. (Signed by Judge Denise L. Cote on 5/10/2012) (cd) |
Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/30/12 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...(McGuirk, Kelly) |
Filing 15 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/30/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Jennifer Thun, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/6/2012.(McGuirk, Kelly) |
Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/30/2012 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...(McGuirk, Kelly) |
Filing 13 TRANSCRIPT of Proceedings re: Conference held on 3/30/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Jennifer Thun, (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 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.(McGuirk, Kelly) |
Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 3/30/2012. Jennifer Thun present. (ft) |
Filing 12 ORDER: These actions are now assigned to me for all purposes. It is hereby ORDERED that there will be a conference for all parties in these actions on March 30, 2012 at 2:30 p.m. ( Status Conference set for 3/30/2012 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/23/2012) (mro) Modified on 3/27/2012 (mro). |
Filing 11 ORDER: that the settlement is approved based on thefollowing assumptions regarding the underlying litigation, and as further set forth in this document. (Signed by Judge Denise L. Cote on 3/1/2012) (cd) |
Minute Entry for proceedings held before Judge Denise L. Cote: Initial Conference held on 2/16/2012. (mro) |
Filing 10 ORDER: As discussed at the February 16, 2012 Initial Pretrial Conference, the parties must provide the Court with additional information regarding which shareholders opted out of the class action. It is hereby ORDERED that the parties' supplemental submission is due on March 23, 2012. (Signed by Judge Denise L. Cote on 2/16/2012) (mro) |
Filing 9 ENDORSED LETTER addressed to Judge Denise L. Cote from Allen L. Finkelstein dated 2/7/2012 re: We respectfully request that your Honor provide IEAM with one additional day to answer the complaint, on the consent of Plaintiff, so that an answer or response would be due on February 16, 2012. ENDORSEMENT: Granted. Industrial Enterprises of America, Inc. answer due 2/16/2012. (Signed by Judge Denise L. Cote on 2/8/2012) (rjm) |
Filing 8 ORDER: The February 12, 2012 memo-endorsement incorrectly listedthe initial pretrial conference as scheduled for February 12. The initial pretrial conference was previously scheduled for February 16, 2012. The conference will proceed on February 16 at 10:30 a.m. Initial Conference set for 2/16/2012 at 10:30 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 2/7/2012) (ft) |
Filing 7 ENDORSED LETTER addressed to Judge Denise L Cote from Allen L Finkelstein dated 2/1/2012 re: Request to extend answer deadline to 3/1/2012 and that the first pretrial conference be adjourned to 3/16/2012. ENDORSEMENT: Denied. Answer is due 2/15/12. Conference remains scheduled for 2/12/2012. (Signed by Judge Denise L. Cote on 2/2/2012) (cd) |
Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/16/2012 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Additional relief as set forth in this Order. (Signed by Judge Denise L. Cote on 1/17/2012) (pl) |
Filing 5 ENDORSED LETTER addressed to Judge Denise L. Cote from Allen L. Finkelstein dated 1/9/2012 re: Counsel respectfully request a three-week extension of time to answer, move, or otherwise respond to the complaint, so that the new deadline would be February 1, 2012. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/10/2012) (jfe) |
Set/Reset Deadlines: Industrial Enterprises of America, Inc. answer due 2/1/2012. (jfe) |
Filing 4 NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (pgu) |
Magistrate Judge Frank Maas is so designated. (pgu) |
CASE DECLINED AS NOT SIMILAR. Case referred as similar to 07-CV-10321 and declined by Judge George B. Daniels and returned to wheel for assignment. (pgu) |
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Harvey N. Fertig for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement,,, #1 Complaint,,, to: caseopenings@nysd.uscourts.gov. (rdz) |
Filing 3 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) |
Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. The Defendant Industrial Enterprise of America, Inc. is a public company. Document filed by Andrew & Roberta Wallace, Brendan & Melanie MacMillian, Joel Burger, Patrick Byrne, Cobblestone Asset Mgmt, Constance Sczesny Trust, Brian Denyeau, Caroline Renck Dow, Edward Sczensy Trust, Elaine Kroll Revocable Trust, Joni Geiger, Charles Hendrickson, Dana Hendrickson, Henry & Eileen Matthews, Mark Johnson, Carl Kahn, Jeffrey P. Knightly, Hugh Frederick MacMillian, Edward F. McCabe, III, Edward McCabe, Brendan D. McCabe, OPT OUT OF IEAM, LLC, Michael Palazzi, IRA, Jonathan Raleigh, Michael T. Richards, Sue Sanders, Terrance & Kimberly Holm, Heather L. Ordal Vinar, Vance Vinar, Vance G. Vinar, Jr, Edwin J. Wilmot, Chad Wolff, Courtney Wolff, Scott Wolff.(rdz) |
Filing 1 COMPLAINT against Industrial Enterprises of America, Inc., Laurence M. Rosen, Esq. (Filing Fee $ 350.00, Receipt Number 465401022614)Document filed by Scott Wolff, Edward F. McCabe, III, Chad Wolff, Terrance & Kimberly Holm, Patrick Byrne, Dana Hendrickson, OPT OUT OF IEAM, LLC, Vance Vinar, Elaine Kroll Revocable Trust, Carl Kahn, Vance G. Vinar, Jr, Edwin J. Wilmot, Andrew & Roberta Wallace, Constance Sczesny Trust, Brendan D. McCabe, Brendan & Melanie MacMillian, Caroline Renck Dow, Heather L. Ordal Vinar, Cobblestone Asset Mgmt, Mark Johnson, Courtney Wolff, Jeffrey P. Knightly, Henry & Eileen Matthews, Edward McCabe, Edward Sczensy Trust, Brian Denyeau, Michael Palazzi, IRA, Joni Geiger, Sue Sanders, Hugh Frederick MacMillian, Jonathan Raleigh, Charles Hendrickson, Michael T. Richards, Joel Burger.(rdz) (mqu). |
Case Designated ECF. (rdz) |
CASE REFERRED TO Judge George B. Daniels as possibly related to 07-cv-10321. (rdz) |
SUMMONS ISSUED as to Industrial Enterprises of America, Inc., Laurence M. Rosen, Esq. (rdz) |
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