De Sole et al v. Knoedler Gallery, LLC et al
| Domenico De Sole, De Sole Eleanore and Eleanore De Sole |
| Knoedler Gallery, LLC and Ann Freedman |
| 1:2012cv02313 |
| March 28, 2012 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul G. Gardephe |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1964 |
| Plaintiff |
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Filing
473
ORDER for 471 Report and Recommendations. Judge Pitman's July 21, 2016 R & R (Dkt. No. 471) is adopted by this Court. The Clerk of the Court is respectfully directed to enter judgment in favor of Plaintiffs as against Defendants Glafira Rosales and Carlos Bergantinos Diaz, jointly and severally, in the amount of $24.9 million, plus prejudgment interest on $8.3 million at a rate of 9% per annum from December 17, 2004 to the date of entry of judgment. The Clerk of the Court is further directed to terminate any outstanding motions and to close this case. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 9/28/2016) (kl)
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Filing
262
MEMORANDUM OPINION & ORDER: Defendants' motions for summary judgment are denied in part and granted in part as set forth above and in this Court's September 30, 2015 Order. Consistent with this Court's individual rules, the joint pretr ial order, motions in limine, proposed voir dire, and requests to charge are due on November 9, 2015. Any responsive papers are due November 23, 2015. Trial will commence in this matter on January 25, 2016, at 9:00a.m., in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, NewYork, New York. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/09/2015) (ama)
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Filing
260
MEMORANDUM OPINION & ORDER re: (268 in 1:12-cv-05263-PGG-HBP) MOTION to Dismiss the Amended Complaint. filed by Knoedler Gallery, LLC, (211 in 1:12-cv-02313-PGG-HBP) MOTION to Dismiss the Second Amended Complaint. filed by Knoedler Gallery, LLC, (215 in 1:12-cv-02313-PGG-HBP) MOTION to Dismiss Second Amended Complaint. filed by 8-31 Holdings,Inc.,, (266 in 1:12-cv-05263-PGG-HBP) MOTION to Dismiss the Amended Complaint. filed by Michael Hammer, (213 in 1:12-cv-02313-PGG-HBP) MOTION to Dismiss Second Amended Complaint. filed by Michael Hammer, (264 in 1:12-cv-05263-PGG-HBP) MOTION to Dismiss the Amended Complaint. filed by 8-31 Holdings, Inc., (210 in 1:12-cv-02313-P GG-HBP) MOTION to Dismiss the Second Amended complaint. filed by 8-31 Holdings,Inc. Knoedler's motion to dismiss in De Sole (Dkt. No. 211) is denied, and Hammer and 8-31's motions to dismiss in De Sole (Dkt. Nos. 210, 213, 215 ) are granted in part and denied in part as set forth above. Knoedler's motion to dismiss the breach of warranty claim in Howard (Dkt. No. 268) is granted, and Hammer and 8-31's motions to dismiss in Howard (Dkt. Nos. 264, 266) are granted in part and denied in part as set forth above. The Clerk of the Court is directed to terminate the following motions: De Sole, 12 Civ. 2313 (Dkt. Nos. 210, 211, 213, 215); Howard, 12 Civ. 5263 (Dkt. Nos. 264, 266, 268). SO ORDERED. (As further set forth within this Order.) (Signed by Judge Paul G. Gardephe on 9/30/2015) (ajs)
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Filing
117
MEMORANDUM OPINION & ORDER: For the reasons stated above, with respect to the De Sole action, Freedman and Knoedler's motion to dismiss (De Sole, 12 Civ. 2313 (Dkt. No. 24)) is granted as to the De Soles' conspiracy to commit fraud claim, b ut is otherwise denied. Hammer and Bergantinos Diaz's motions to dismiss (De Sole, 12 Civ. 2313 (Dkt. Nos. 27, 75)) are granted. Andrade and Rosales' motions to dismiss (De Sole, 12 Civ. 2313 (Dkt. Nos. 63, 71)) are denied. With respect to the Howard action, Hammer and 8-31 Holding Inc.'s motions to dismiss (Howard, 12 Civ. 5263 (Dkt. Nos. 35,39)) are granted. Freedman and Knoedler's motions to dismiss (Howard, 12 Civ. 5263 (Dkt. Nos. 39,45)) are granted as to Howard's ( 1) RICO; (2) RICO conspiracy; (3) conspiracy to commit fraud; and (4) breach of warranty claims. Defendant Freedman and Knoedler's motions to dismiss are otherwise denied. Andrade and Rosales' motions to dismiss (Howard, 12 Civ. 5263 (Dkt. Nos. 48, 74)) are granted as to Howard's RICO and RICO conspiracy claims, but are otherwise denied. Bergantinos Diaz's motion to dismiss (Howard, 12 Civ. 5263 (Dkt. No. 76)) is granted. The Clerk of the Court is directed to terminate the following motions: De Sole, 12 Civ. 2313 (Dkt. Nos. 24, 27, 63, 71, 75); Howard, 12 Civ. 5263 (Dkt. Nos. 35, 39, 45, 48, 74, 76). (Signed by Judge Paul G. Gardephe on 9/30/2013) (cd)
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Filing
45
OPINION AND ORDER: Accordingly, for all the foregoing reasons, Andrade's application to compel Plaintiffs to identify the documents responsive to each of Andrades' specific requests is denied. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2013) (js)Copies Transmitted by Chambers. Modified on 2/14/2013 (js).
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