Hawkins v. Medapproach Holdings, Inc. et al
| Sharon Hawkins |
| Medapproach Holdings, Inc. and W. Bradley Daniel |
| 1:2013cv05434 |
| August 2, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Harold Baer |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| None |
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The following documents for this case are available for you to view or download:
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Filing
324
ORDER: For the reasons stated in the Court's Conference on February 27, 2023 at 11:00 A.M, the Court finds for Defendants, and denies Plaintiffs all relief. The Clerk of Court is respectfully directed to close the case on this docket. (Signed by Judge Andrew L. Carter, Jr on 2/28/2023) (ate)
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Filing
323
TELEPHONE CONFERENCE ORDER: The Court will hold a telephone conference in this case on February 27, 2023 at 11:00 A.M. Eastern Time. The Parties should contact the court at 1-888-363-4749 (Access Code:3768660). ( Telephone Conference set for 2/27/2023 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/21/2023) (ate)
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Filing
313
ORDER: In response to the Plaintiffs' letter at Dkt. 312, the Court directs the parties to appear on May 18, 2022 at 10:00am to continue the bench trial. SO ORDERED. ( Bench Trial set for 5/18/2022 at 10:00 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 5/10/2022) (tg)
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Filing
308
ORDER: In response to the parties' request for clarification of pre-trial and trial submissions, the Court directs the parties as follows.The Court affirms the parties' understanding of Individual Practices 4-D as laid out in their joint letter at Dkt. 307, p.1. The Court also grants the parties' request to file copies of handwritten signatures instead of original signatures for affidavits of direct testimony for each trial witness. The parties' questions about the Cour t's preferred trial practices are addressed in sequence below.The Court directs the parties to provide separate binders of exhibits specific to each witness examination. The parties should not submit additional opening statements, and offerin g counsel does not need to announce each witness for examination. Defendants are not required to make motions for a directed verdict following cross-examination.On April 27, the trial should begin at 9:30am and continue until 4:45pm, with a lunch break between 1:00pm and 2:00pm. There will also be two 10-minute breaks, one in the morning and one in the afternoon.On April 28, the trial should begin at 9:30am and continue until 4:45pm, with a lunch break between 2:00pm and 3:00pm, and a similar break schedule as the prior day.On April 29, the trial schedule will be the same as the schedule on April 27. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/19/2022) (jca)
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Filing
306
ORDER: It has come to the Court's attention that the parties may need clarification regarding the Court's instructions on pre-trial submissions. The parties are directed to file a joint letter, not to exceed 5 pages, setting forth any areas of which they need clarification no later than close of business on April 18, 2022. (Signed by Judge Andrew L. Carter, Jr on 4/15/2022) (rro)
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Filing
298
ORDER granting 297 Letter Motion to Adjourn Conference. The trial is ADJOURNED to April 27, 2022 at 10:00am ET. Bench Trial set for 4/27/2022 at 10:00 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 3/25/2022) (ate)
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Filing
290
MEMORANDUM AND OPINION re: 282 MOTION to Strike Plaintiff's Jury Demand. filed by Medapproach Holdings, Inc., W. Bradley Daniel. For the foregoing reasons, Defendants' motion to strike a jury demand is GRANTED. The Parties are instructed to inform the Court of their availability for a bench trial in spring 2022 no later than 21 days from the date this Memorandum and Opinion is issued. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/15/2021) (ks)
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Filing
281
ORDER: The Court is in receipt of the Parties' Joint Letter. ECF No. 280. The Court hereby sets a briefing schedule for a motion by Defendants to strike Plaintiff's jury demand. The Parties are directed to comply with the following schedule: Motions due by 12/23/2020., Responses due by 1/13/2021, Replies due by 1/20/2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/01/2020) (ama)
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Filing
279
ORDER re: 278 Letter filed by Sharon Hawkins. The Parties are hereby ORDERED to submit a joint letter explaining the bases for their respective positions as to how to proceed in this matter by September 25, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/31/2020) (kv)
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Filing
276
ORDER: The Parties are hereby ORDERED to submit a joint status report to the Court on or before August 26, 2020 indicating how they would like to proceed with the remainder of the claim. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/14/2020) (rj)
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Filing
274
OPINION AND ORDER re: 259 MOTION to Dismiss Counts IV, V and VIII for Lack of Standing Under Federal Rule of Civil Procedure 23.1. filed by Medapproach Holdings, Inc., W. Bradley Daniel, 231 MOTION for Summary Judgment . filed by Medapproach Holdings, Inc., W. Bradley Daniel, 227 MOTION for Summary Judgment . filed by Sharon Hawkins. For the foregoing reasons, Count IV (Tax Structure) is DISMISSED. Defendants motion for summary judgment as to Coun ts V (10% Interest Distribution), VI (Withholding Distributions - Contract), VII (Withholding Distributions Fiduciary Duty), and Count VIII (2016-17 Compensation, as to Ms. Van Vranken) is GRANTED. Plaintiff's motion for summary judgme nt as to those claims is DENIED. Finally, both Parties' motions for summary judgment as to Count VIII (2016-17 Compensation, as to Mr. Daniel) are DENIED. (Signed by Judge Andrew L. Carter, Jr on 7/29/2020) (rj) Transmission to Orders and Judgments Clerk for processing.
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Filing
263
ORDER: The Court is in receipt of the Parties' letters dated December 30, 2019 and January 3, 2020. See ECF Nos. 258,262. Defendants are GRANTED leave to respond to portions of Plaintiff's Response to Defendants' Counter-Statement of Undisputed Material Facts Pursuant to Local Rule 56.1, See ECF No. 253, that they allege raise new issues or arguments. Such a response shall be submitted to the Court on or before January 17, 2020., Responses due by 1/17/2020 (Signed by Judge Andrew L. Carter, Jr on 1/7/2020) (rj)
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Filing
167
OPINION AND ORDER re: 162 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Stewart D. Aaron from Jeffrey A. Simes dated June 21, 2018, filed by Medapproach Holdings, Inc., W. Bradley Daniel. For the foregoing reasons, Defendants' Letter-Motion is GRANTED. Plaintiff shall produce within ten (10) days of this Opinion and Order her tax returns for any year as to which she claims she was damaged based upon NDM's corporate status. Such tax returns shall be deemed "CONFIDENTIAL" and shall be subject to the terms of the Stipulation and Order of Confidentiality. The Clerk of Court is directed to terminate the pending motion at ECF No. 162. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/28/2018) (kl)
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Filing
158
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 150 Report and Recommendations. Accordingly, the Court agrees with Judge Aaron's finding that the factor weighs in favor of non-enforcement. This should end the inquiry. Kaczmarcysk, 414 Fed. Ap p'x at 355. The Defendants' other objections to Judge Aaron's evaluation of the other three factors are without merit. The Court finds that Judge Aaron correctly weighed these factors. For the foregoing reasons, Defendants' obj ections are overruled and its motion to enforce the settlement is denied. Accordingly, the Court will hold a status conference on April 4, 2018, at 10:00 a.m. All parties (and/or counsel) should appear in person in Courtroom 1306 of the Thurgood M arshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/15/2018) (rj) Modified on 3/16/2018 (rj). (Main Document 158 replaced on 3/16/2018) (rj).
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Filing
97
MEMORANDUM OPINION re: 7 MOTION to Transfer Case. MOTION to Dismiss filed by Medapproach Holdings, Inc., W. Bradley Daniel. For the foregoing reasons, Defendants Motion to Dismiss the Amended Complaint (ECF Nos. 7 & 13) is GRANTED as to the proxy claims (Counts I, II and III) and DENIED as to the proxy and withheld distributions (Counts IV, V, an VI). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/11/2014) (ama)
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