Vullo v. Condor Capital Corporation et al
| Maria T. Vullo, Shirin Emami and Anthony J. Albanese |
| Stephen Baron and Condor Capital Corporation |
| Citibank, N.A. |
| Denis O'Connor |
| Wells Fargo Bank, N.A. |
| 1:2014cv02863 |
| April 23, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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| Filing 370 ENDORSED LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated 1/13/2020 re: We write to follow up on our letter to the Court of same date, seeking approval of our legal fees related to representing the Receiver. ENDORSEMENT: The motion has already been granted. (Signed by Judge Colleen McMahon on 1/14/2020) (mml) |
Filing 369
ORDER APPROVING BAKER & HOSTETLER LLP'S LEGAL FEES AND EXPENSES FOR THE PERIOD JANUARY 15, 2019 THROUGH DECEMBER 31, 2019: Upon consideration of the Application and the entire record of this Receivership, due deliberation having been had thereon and sufficient cause appearing therefor, it is HEREBY ORDERED, ADJUDGED, AND DECREED that The $2,127.69 in legal fees of Baker & Hostetler LLP attorneys Messrs. Marc D. Powers, Steven H. Goldberg and Managing Clerk Christina Belanger, as outlined in the Application, corresponding time entries, and in Baker & Hostetler LLP's January 13, 2020 letter, are reasonable and appropriate based on the extent, nature, and value of the services rendered, and the cost of comparable services, and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order. The $50.91 in expenses of Baker & Hostetler LLP, as outlined in the Application, are reasonable and appropriate based on the extent, nature, and value of the services rendered and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order. This Court retains sole jurisdiction to hear and resolve any disputes or claims relating to, or arising from, this Receivership. SO ORDERED. (Signed by Judge Colleen McMahon on 1/13/2020) (rro)
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| Filing 368 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated January 13, 2020 re: Approval of Baker & Hostetler LLP's Legal Fees and Expenses for the Period January 15, 2019 through December 31, 2019. Document filed by Denis O'Connor. (Attachments: #1 Text of Proposed Order)(Powers, Marc) |
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Filing 367
ORDER: Upon consideration of the Application and the entire record of this Receivership, due deliberation having been had thereon and sufficient cause appearing therefor, it is HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. The $29,317.35 in legal fees of Baker & Hostetler LLP attorneys Messrs, Marc D. Powers, Irving H. Picard, Steven H. Goldberg, Marco Molina, Managing Clerk Christina Belanger, Assistant Managing Clerk Brian Simpson and paralegal Ms. Joanne Jean, as outlined in the Application, corresponding time entries, and in Baker & Hostetler LLP's January 16, 2019 letter, are reasonable and appropriate based on the extent, nature, and value of the services rendered, and the cost of comparable services, and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order; 2. The $173.44 in expenses of Baker & Hostetler LLP, as outlined in the Application, are reasonable and appropriate based on the extent, nature, and value of the services rendered and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order; 3. All other legal fees and expenses for which Baker & Hostetler LLP seeks reimbursement through the Application will not be reimbursed; and 4. This Court retains sole jurisdiction to hear and resolve any disputes or claims relating to, or arising from, this Receivership. (Signed by Judge Colleen McMahon on 1/29/2019) (mml)
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| Filing 366 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated January 16, 2019 re: Approval of Legal Fees. Document filed by Denis O'Connor. (Attachments: #1 Proposed Order)(Powers, Marc) |
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Filing 365
ORDER APPROVING ALIX PARTNERS, LLP FEES AND EXPENSES FOR THE PERIOD FEBRUARY 1, 2017 THROUGH JANUARY 31, 2018. It is HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. The $87,530.00 in fees and expenses of Alix, as outlined in the Application, corresponding time entries, and in Alix's March 15, 2018 letter, to the extent granted by Memorandum Endorsement, dated March 22, 2018, are reasonable and appropriate based on the extent, nature, and value of the services rendered, and the cost of comparable services, and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order (ECF No. 363); 2. All other fees and expenses for which Alix seeks reimbursement through the Application will not be reimbursed; and 3. This Court retains sole jurisdiction to hear and resolve any disputes or claims relating to, or arising from, this Receivership. SO ORDERED. (Signed by Judge Colleen McMahon on 3/28/2018) (rjm)
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| Filing 364 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated March 27, 2018 re: Enclosing Proposed Order Regarding Payment of Alix Partner, LLP's Fees per the Court's Memo Endorsement of March 21, 2018. Document filed by Denis O'Connor. (Attachments: #1 Text of Proposed Order)(Powers, Marc) |
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Filing 363
MEMO ENDORSEMENT on re: #360 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated March 14, 2018 re: Response to the Court's March 6, 2018 Order Concerning Requests for Reimbursement of Litigation Costs from the Litigation Reserve Fund. Document filed by Denis O'Connor. ENDORSEMENT: I understand the need for the Receiver to be involved in the defense of the appeal, but 80 hours strikes me as excessive, given that the bulk of the work was done at Baker, Hostetler. I will the request for $77,400 in appeal-related expenses is reduced by half of Mr. O'Connor's time, to $41,220 in allowable expenses. All other requested expenses for Alix Partners including $5,640 in time for J. Galinski on the appeal are allowed. Total allowed: $87,530. Submit order. (Signed by Judge Colleen McMahon on 3/21/2018) (rjm)
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Filing 362
MEMO ENDORSEMENT on re: #359 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated March 15, 2018 re: The Court's March 6, 2018 Order Concerning Requests for Reimbursement of Litigation Costs from the Litigation Reserve Fund. Document filed by Denis O' Connor. ENDORSEMENT: Application for modification GRANTED. Thank you for this additional explanation. (Signed by Judge Colleen McMahon on 3/21/2018) (rjm)
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Filing 361
ORDER APPROVING BAKER & HOSTETLER LLP'S LEGAL FEES AND EXPENSES FOR THE PERIOD FEBRUARY 1, 2017 THROUGH JANUARY 31, 2018. It is HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. The $255,093.60 in legal fees of Baker & Hostetler LLP attorneys Messrs. Marc D. Powers, Irving H. Picard, Steven H. Goldberg, Marco Molina and paralegal Mr. Ramon Cabrera, as outlined in the Application, corresponding time entries, and in Baker & Hostetler LLP's March 16, 2018 letter, are reasonable and appropriate based on the extent, nature, and value of the services rendered, and the cost of comparable services, and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order; 2. The $4,338.49 in expenses of Baker & Hostetler LLP, as outlined in the Application, are reasonable and appropriate based on the extent, nature, and value of the services rendered and should be reimbursed from the funds in the Litigation Reserve Fund pursuant to paragraph 14 of the Termination Order; 3. All other legal fees and expenses for which Baker & Hostetler LLP seeks reimbursement through the Application will not be reimbursed; and 4. This Court retains sole jurisdiction to hear and resolve any disputes or claims relating to, or arising from, this Receivership. So ordered. (Signed by Judge Colleen McMahon on 3/21/2018) (rjm)
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| Filing 360 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated March 14, 2018 re: Response to the Court's March 6, 2018 Order Concerning Requests for Reimbursement of Litigation Costs from the Litigation Reserve Fund. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 359 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated March 15, 2018 re: the Court's March 6, 2018 Order Concerning Requests for Reimbursement of Litigation Costs from the Litigation Reserve Fund. Document filed by Denis O'Connor. (Attachments: #1 Proposed Order, #2 Proposed Order)(Powers, Marc) |
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Filing 358
ORDER CONCERNING REQUESTS FOR REIMBURSEMENT OF LITIGATION COSTS FROM LITIGATION RESERVE FUND: After reviewing BakerHostetler's time records (submitted for in camera inspection), I conclude that all of the time of Messers Powers and Molina should be reimbursed, as well as the time of paralegal Ramon Cabrera, but that time recorded by other timekeepers is duplicative and should not be reimbursed. If BakerHostetler provides the court with an order in the appropriate amount, I will sign it. I am confused about the Alix Partners request. I do not know what role, if any, the Receiver plays in connection with the pending class actions. I apologize for not having gotten to this matter until now, but would appreciate receiving the needed backup for both requests by March 16. (As further set forth herein.) (Signed by Judge Colleen McMahon on 3/6/2018) (kgo)
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| Filing 357 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated February 21, 2018 re: Reply to the Letter of Stephen Baron's Counsel Dated February 14, 2018. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 356 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated February 14, 2018 re: Letter of Marc D. Powers requesting payment of fees. Document filed by Condor Capital Corporation.(Niehaus, Paul) |
| Filing 355 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated February 8, 2018 re: Requesting the Court to Approve the Payment of AlixPartners' Fees Incurred during the Month of February 2017 through January 2018. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 354 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated February 8, 2018 re: Approval of Legal Fees. Document filed by Denis O'Connor. (Attachments: #1 Memo Endorsed Letter, #2 Summary Order and Judgment)(Powers, Marc) |
| Filing 353 Costs Taxed as to #352 USCA Mandate, USCA Case Number 16-4274-cv. in the amount of $189.80. on 11/28/2017 in favor of Appellee Maria T. Vullo. against Stephen Baron, Defendant-Appellant,. (nd) |
| Filing 352 MANDATE of USCA (Certified Copy) as to #333 Notice of Appeal, filed by Condor Capital Corporation, Stephen Baron. USCA Case Number 16-4274-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/27/2017. (nd) |
| Filing 351 MEMO ENDORSEMENT on re: #349 Letter filed by Denis O'Connor. ENDORSEMENT: The receivership having ended, I can see no reason why Baron should not be the custodian of Condor's general ledger. If Mr. Baron were to do something u toward with the ledger - likely try to interfere with the Buyer's business - I am sure we could redress the matter. But he is back in control of the corporation. The general ledger belongs to the corporation - not to Baker Hostetler. (Signed by Judge Colleen McMahon on 4/11/2017) (kgo) |
| Filing 350 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated April 11, 2017 re: Response to letter from Receiver's counsel dated April 10, 2017. Document filed by Stephen Baron, Condor Capital Corporation.(Niehaus, Paul) |
| Filing 349 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated April 10, 2017 re: Response to Letter from Paul Niehaus dated April 6, 2017. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 348 MEMO ENDORSEMENT on re: #347 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: Response, please, from counsel for the Receiver. (Signed by Judge Colleen McMahon on 4/6/2017) (kgo) |
| Filing 347 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated April 6, 2017 re: Retrieval of General Ledger from Storage Facility. Document filed by Stephen Baron, Condor Capital Corporation.(Niehaus, Paul) |
| Filing 346 MEMO ENDORSEMENT on re: #345 Letter filed by Denis O'Connor. ENDORSEMENT: I will deal with all other fees relating to the appeal when the appeal is decided. (Signed by Judge Colleen McMahon on 3/27/2017) (kgo) |
| Filing 345 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated March 22, 2017 re: Approval of Payment of Receiver's Legal Fees. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 344 MEMO ENDORSEMENT on re: #342 Letter filed by Denis O'Connor. ENDORSEMENT: after review of the diary entries, the January 2017 fee request is approved. (Signed by Judge Colleen McMahon on 3/9/2017) (kgo) |
| Filing 343 MEMO ENDORSEMENT on Professional Services Invoice. ENDORSEMENT: Bill OK to pay. (Signed by Judge Colleen McMahon on 2/28/2017) (kgo) |
| Filing 342 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated February 21, 2017 re: Approval of Payment of Receiver's Legal Fees. Document filed by Denis O'Connor.(Powers, Marc) |
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Filing 341
MEMO ENDORSEMENT on re: #338 Letter filed by Denis O'Connor. ENDORSEMENT: The order at 336 is WITHDRAWN. The case is on appeal. The court of appeals is unlikely to decide it without hearing from the Receiver, and the Receiver has access to $1 million to fund his response. (Signed by Judge Colleen McMahon on 1/20/2017) (kgo)
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Filing 340
MEMO ENDORSEMENT on re: #337 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: I do not read the order as re-appointing the Receiver. That was not my intent, my intent was to indicate this court's appeal for the use of some or all of the $1 million subsequent litigation. That by the Receiver a connection with the appeal. (Signed by Judge Colleen McMahon on 1/19/2017) (kgo)
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Filing 339
ORDER AFFIRMING THE RECEIVER'S AUTHORITY AND PROTECTIONS THROUGHOUT THE PENDENCY OF BARON'S APPEAL: It is HEREBY ORDERED, ADJUDGED, AND DECREED that:1. Notwithstanding his discharge under the Discharge Order, the Receiver continues to be vested with the authority and protections under the Receivership Order, Final Consent Judgment, and any and all orders in this Action that grant the Receiver authority and protections as Condor's sole Court-appointed receiver, throughout the pendency of the Appeal; 2. Consistent with the Discharge Order, the Receiver and his law firm may seek reimbursement from the $1 million litigation reserve of Condor's assets by submitting applications to the Court in this Action that outline the expenses and litigation costs that the Receiver and his law firm incur in opposing the Appeal; and 3. This Court retains sole jurisdiction to hear and resolve any disputes or claims arising from this Order, as well as any matters relating to, or arising from, this Receivership. (Signed by Judge Colleen McMahon on 1/18/2017) (kgo)
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| Filing 338 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated January 19, 2017 re: In Response to the Letter Submitted by Paul Niehaus on Behalf of Defendant Stephen Baron. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 337 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated January 18, 2017 re: Proposed Order Submitted by Marc D. Powers. Document filed by Stephen Baron, Condor Capital Corporation.(Niehaus, Paul) |
| Filing 336 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated January 18, 2017 re: Submission of Proposed Order Affirming the Receiver's Authority and Protections throughout the Pendency of Baron's Appeal. Document filed by Denis O'Connor. (Attachments: #1 Text of Proposed Order)(Powers, Marc) |
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Filing 335
MEMO ENDORSEMENT on re: #334 Letter, filed by Denis O'Connor. ENDORSEMENT: Send me an order and I will so-order it. I saw the Notice of Appeal. The Receiver will be compensated for approving the appeal. (Signed by Judge Colleen McMahon on 1/17/2017) (kgo)
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| Filing 334 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated January 13, 2017 re: To Inform the Court of Recent Litigation Activity by Stephen Baron Relating to the November 22, 2016 Order Approving Final Report, Discharging Receiver, and Terminating Receivership. Document filed by Denis O'Connor. (Attachments: #1 Form C - Part 1, #2 Form C - Part 2, #3 Form D)(Powers, Marc) |
| Filing 333 NOTICE OF APPEAL from #332 Order,,,,,,. Document filed by Stephen Baron, Condor Capital Corporation. Filing fee $ 505.00, receipt number 0208-13139683. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit Order filed Nov. 28, 2016)(Niehaus, Paul) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #333 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #333 Notice of Appeal, filed by Condor Capital Corporation, Stephen Baron were transmitted to the U.S. Court of Appeals. (nd) |
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Filing 332
ORDER APPROVING FINAL REPORT, DISCHARGING RECEIVER, AND TERMINATING RECEIVERSHIP: The Court GRANTS the Application in its entirety. The Court ACCEPTS and APPROVES the Receiver's Final Report and expressly authorizes the Receiver to carry out the recommended actions contained therein. The Court APPROVES and RATIFIES payment of the fees and reimbursement of expenses paid and proposed to be paid to the Receiver and his counsel in the Receiver's Final Report, as such fees and expenses are reasonable and appropriate. The Court also AUTHORIZES that Condor set aside an expense reserve of $500,000 to cover unreimbursed fees or expenses that the Receiver, his counsel, and/or other service providers incurred or may incur for the months of August, September, October, November, and December. Any funds remaining in this reserve after December 31, 2016 shall be promptly transferred to Baron. The Receiver is hereby DISCHARGED of all duties, responsibilities, and obligations in connection with his administration of the Receivership and Condor. This Receivership will hereby TERMINATE on or by November 15, 2016; This action will hereby CLOSE upon the termination of this Receivership; and This Court RETAINS sole jurisdiction to hear and resolve any disputes or claims arising from this Order, as well as any matters relating to, or arising from, this Receivership. (As further set forth herein.) (Signed by Judge Colleen McMahon on 11/22/2016) (kgo)
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| Terminate Transcript Deadlines (kgo) |
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Filing 331
MEMO ENDORSEMENT on re: #327 Letter,, filed by Denis O'Connor. ENDORSEMENT: When will I have a final order for Receiver compensation (Signed by Judge Colleen McMahon on 11/22/2016) (kgo) Modified on 11/22/2016 (kgo).
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| Filing 330 LETTER addressed to Judge Colleen McMahon from Carolyn Fast dated November 18, 2016 re: Application of Denis O'Conner to Approve the Receiver's Final Report, Discharge the Receiver, and Terminate the Receivership. Document filed by Maria T. Vullo.(Fast, Carolyn) |
| Filing 329 MEMO ENDORSEMENT on re: #328 Letter filed by Stephen Baron. ENDORSEMENT: Clerk is directed to update docket sheet accordingly. (Signed by Judge Colleen McMahon on 11/17/2016) (mro) |
| Filing 328 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated November 17, 2016 re: Change of Address. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 327 AMENDED LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated November 4, 2016 re: Submission of Receiver's Application to Approve Final Report, Discharge Receiver, and Terminate Receivership. Document filed by Denis O'Connor. (Attachments: #1 Exhibit A-Application to Approve Final Report, Discharge Receiver, and Terminate Receivership, #2 Exhibit 1 to Application-Accounting for All Assets in Control of Receiver, #3 Exhibit 2 to Application-Proposed Order Approving Final Report, Discharging Receiver, and Terminating Receivership)(Powers, Marc) |
| Filing 326 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated November 4, 2016 re: Submission of Receiver's Application to Approve Final Report, Discharge Receiver, and Terminate Receivership. Document filed by Denis O'Connor. (Attachments: #1 Exhibit A: Application to Approve Final Report, Discharge Receiver, and Terminate Receivership, #2 Exhibit 1 to Application: Accounting for All Assets in Control of Receiver, #3 Exhibit 2 to Application: Proposed Order Approving Final Report, Discharging Receiver, and Terminating Receivership)(Powers, Marc) |
| Filing 325 MEMO ENDORSEMENT on re: #324 Letter re: Final Update on Current Status of Condor Capital Corp., filed by Denis O'Connor. ENDORSEMENT: I await the Receiver's Final Report. (Signed by Judge Colleen McMahon on 11/3/2016) (cla) |
| Filing 324 LETTER addressed to Judge Colleen McMahon from Denis O'Connnor dated November 2, 2016 re: Final Update on Current Status of Condor Capital Corp.. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 323 MANDATE of USCA (Certified Copy) as to #261 Notice of Interlocutory Appeal, filed by Stephen Baron. USCA Case Number 16-0069. The Receiver-Appellee filed a motion to dismiss this appeal as moot. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/2/2016. (nd) |
| Filing 322 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 10/28/2016 re: I write to Your Honor regarding compensation for the performance of my duties. ENDORSEMENT: I am waiting for a final accounting to be rendered before I approve any more bills. (Signed by Judge Colleen McMahon on 10/31/2016) (kgo) |
| Filing 321 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 10/21/2016 re: I write to Your Honor regarding compensation for the performance of my duties. ENDORSEMENT: Invoice OK to pay. (Signed by Judge Colleen McMahon on 10/27/2016) (kgo) |
| Filing 320 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated 10/19/16 re: Dismissal of Appeals. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 319 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated October 13, 2016 re: Intent to Shut Down Condor Capital Corp.'s Website. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 318 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated September 29, 2016 re: Providing Invoice for Professional Services Rendered for the Four Week Period Ending July 9, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Transmission of USCA Mandate/Order to the District Judge re: #317 USCA Mandate. (tp) |
| Filing 317 MANDATE of USCA (Certified Copy) as to #261 Notice of Interlocutory Appeal, filed by Stephen Baron USCA Case Number 15-2362(L); 16-0069(Con). The Receiver-Appellee moves to dismiss these appeals as moot. The Defendant -Appellant opposes. Upon due consideration, it is hereby ORDERED that the Receiver-Appellees motion to dismiss is GRANTED as to Docket No. 15-2362. The motion to dismiss as to Docket No. 16-69 is referred to the merits panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/9/2016. (tp) |
| Filing 316 MEMO ENDORSEMENT on re: #315 Letter filed by Denis O'Connor re: Status Update on Condor Capital Corp. ENDORSEMENT: If it were possible to do so, the court would set a date certain for the end of the Receivership. However, as long as Mr. Baron pursues his remaining appeal in connection with the Och-Ziff sale, my hands are tied, since I have no control over the Second Circuit's calendar. The "keys to the jailhouse," so to speak, are in Mr. Baron's hands. I thank the Receiver for his comprehensive report. (Signed by Judge Colleen McMahon on 9/8/2016) (kko) Modified on 9/8/2016 (kko). |
| Filing 315 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated September 7, 2016 re: Status Update on Condor Capital Corp. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 314 MEMO ENDORSEMENT on re: #313 Letter filed by Denis O'Connor. ENDORSEMENT: After reviewing Mr. Baron's latest objection and this reply, I approve the fee request. (Signed by Judge Colleen McMahon on 8/10/2016) (kgo) |
| Filing 313 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated August 8, 2016 re: In Response to Defendant Stephen Baron's Latest Objections to the Receiver's Fees. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 312 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated August 4, 2016 re: Receiver Fee Request. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 311 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated August 1, 2016 re: Providing Invoice for Professional Services Rendered for the Four Week Period Ending May 14, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 310 MEMO ENDORSEMENT on re: #307 Letter filed by Stephen Baron. ENDORSEMENT: The motion at document #304 is WITHDRAWN in view of Mr. Barron's consent to the retention of TAP, I gather the parties have agreed that TAP may be paid using Condor's funds. I am delighted that you have agreed on something. (Signed by Judge Colleen McMahon on 7/5/2016) (kgo) |
| Filing 309 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated June 30, 2016 re: The Receiver will arrange for the Payment of the Retainer for the Third Party Administrator. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 308 LETTER addressed to Judge Colleen McMahon from Carolyn Fast dated June 30, 2016 re: In Response to Defendant Stephen Baron's letter to the Court dated June 28, 2016. Document filed by Maria T. Vullo.(Fast, Carolyn) |
| Filing 307 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated June 28, 2016 re: Letter Motion of Stephen Baron dated June 23, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 306 LETTER addressed to Judge Colleen McMahon from Carolyn Fast dated June 28, 2016 re: In Response to Defendant Stephen Baron's Letter-Motion, dated June 23, 2016. Document filed by Maria T. Vullo.(Fast, Carolyn) |
| Filing 305 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated June 27, 2016 re: In Response to Defendant Stephen Baron's Letter-Motion, dated June 23, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 304 MEMO ENDORSEMENT on re: #303 Letter filed by Stephen Baron. ENDORSEMENT: I will treat this as a motion; I expect responses from DFS and the Receiver next week. (Signed by Judge Colleen McMahon on 6/23/2016) (kgo) |
| Filing 303 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated June 23, 2016 re: Retention of Rust Consulting, Inc. as Third Party Administrator. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 302 MEMO ENDORSEMENT on re: #291 Letter filed by Stephen Baron. ENDORSEMENT: I see nothing untoward about Mr. O'Connor's recent fee requests. I have reviewed all of them through April 21, 2016. I believe I granted that fee request in my decision dated 5/10/2016. (See docket #298 last page). To the extent that I did not do so, I grant it now. The post-sale fees are attributed in large measure to Mr. Baron. (Signed by Judge Colleen McMahon on 6/7/2016) (kgo) Modified on 6/8/2016 (kgo). |
| Filing 301 MEMO ENDORSEMENT on re: #299 Letter filed by Denis O'Connor. ENDORSEMENT: The request for a 6% increase in BakerHostetler hourly rate is granted, but effective June 1, 2016. (Signed by Judge Colleen McMahon on 6/7/2016) (kgo) |
| Filing 300 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated May 23, 2016 re: Letter of Baker Hostetler LLP dated May 23, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 299 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated May 23, 2016 re: For Approval of an Approximate Six Percent Increase in Our Hourly Rates. Document filed by Denis O'Connor.(Powers, Marc) |
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Filing 298
MEMORANDUM ORDER DENYING DEFENDANTS' MOTION TO ENFORCE FINAL CONSENT JUDGMENT AND TO COMPEL THE RECEIVER'S COMPLIANCE WITH FINAL CONSENT JUDGMENT denying #278 Motion to Enforce Judgment ; denying #278 Letter Motion to Compel. Because the Receiver is not out of compliance with the judgment and has no present obligation to return anything to Mr. Baron, the motion is DENIED. Similarly, all the requests for action contained in Mr. Baron's counsel's latest epistolary screed are DENIED. To the extent that Baron seeks reargument of the court's order dated February 25, 2016, his motion is DENIED. Finally, the court approves the Receiver's recommendations, as set out in his May 2, 2016 Report, concerning the treatment of customers information that contains personally identifiable information in Condor's possession. This order disposes of all outstanding motions and requests for guidance. The Clerk is directed to remove the motion at Docket #278 from the court's list of open motions. The court has reviewed the Receiver's latest request for fees, which is (predictably) opposed by Baron. The court is fully aware of the flurry of Baron-initiated and Baron-exacerbated activity that has occasioned the expenditure of far more time by the Receiver than he ever expected to spend in the belabored and unduly-delayed wind up of this Receivership, and after review I see nothing untoward in the fee request. It is granted in its entirety. Mr. Lawsky, who originally commenced this action in his official (not personal) capacity, has turned over his position to Acting Director Maria T. Vullo, whose name should be inserted into the caption of this case. The Clerk of the Court is directed to make the substitution. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 5/10/2016) (kgo)
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| Filing 297 LETTER addressed to Judge Colleen McMahon from Carolyn Fast dated May 9, 2016 re: Letter to the Court from Paul R. Niehaus dated May 6, 2016. Document filed by Benjamin M. Lawsky.(Fast, Carolyn) |
| Filing 296 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated May 6, 2016 re: Receiver's Letter of May 2, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 295 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated May 6, 2016 re: Response to the Court's Endorsement to the Receiver's May 2, 2016 Status Report. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 294 MEMO ENDORSEMENT on re: #293 Letter filed by Denis O'Connor. ENDORSEMENT: Mr. O'Connor is there any need for the court to do anything at this juncture, other than rule in your latest fee application? (Signed by Judge Colleen McMahon on 5/5/2016) (kl) |
| Filing 293 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated May 2, 2016 re: Current Status of Receivership. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 292 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated April 28, 2016 re: Response to Paul R. Niehaus's Letter Dated April 26, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 291 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated April 26, 2016 re: Receiver Fee Requests. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 290 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated April 13, 2016 re: Receiver's Letter of April 7, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 289 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated April 7, 2016 re: Status of Motion to Dismiss before the Second Circuit Court of Appeals. Document filed by Denis O'Connor. (Attachments: #1 Letter Filed by the Department of Financial Services, #2 Baron's Opposition to the Receiver's Motion Part 1, #3 Baron's Opposition to the Receiver's Motion Part 2, #4 Receiver's Reply Papers)(Powers, Marc) |
| Filing 288 REPLY AFFIDAVIT of Paul R. Niehaus in Support re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment .. Document filed by Stephen Baron. (Attachments: #1 Exhibit A - Redacted Bank Balance)(Niehaus, Paul) |
| Filing 287 REPLY MEMORANDUM OF LAW in Support re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment . . Document filed by Stephen Baron. (Niehaus, Paul) |
| Filing 286 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated March 23, 2016 re: Attaching Invoice for Professional Services Rendered for the Four Week Period Ending January 23, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 285 LETTER MOTION for Oral Argument on Defendant Stephen Baron's Motion to Enforce the Final Consent Judgment addressed to Judge Colleen McMahon from Marc D. Powers dated March 21, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 284 DECLARATION of Marc D. Powers in Opposition re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment .. Document filed by Denis O'Connor. (Attachments: #1 Exhibit 1-Decision and Order Dated December 23, 2015, #2 Exhibit 2-Preliminary Injunction and Order Appointing Receiver Dated May 13, 2014, #3 Exhibit 3-Final Consent Judgment Dated December 22, 2014, #4 Exhibit 4-Order Entered December 28, 2015, #5 Exhibit 5-Order of the Second Circuit Court of Appeals Dated January 21, 2016, #6 Exhibit 6-Letter Dated February 26, 2016, #7 Exhibit 7-Baron's Brief Dated February 5, 2016, #8 Exhibit 8-Financial Asset Sale Agreement, #9 Exhibit 9-Receiver's Report, #10 Exhibit 10-Letter Dated March 1, 2016, #11 Exhibit 11-Memorandum of Law in Support of Motion to Dismiss Consolidated Appeal, #12 Exhibit 12-Baron's Brief Dated October 1, 2015, #13 Exhibit 13-Memorandum and Order Dated July 21, 2015, #14 Exhibit 14-Order Dated November 14, 2014, #15 Exhibit 15-Letter Dated February 24, 2016, #16 Exhibit 16-Portfolio Purchase Agreement Dated November 23, 2015, #17 Exhibit 17- Portfolio Purchase Agreement Dated November 14, 2014, #18 Exhibit 18-Bizapedia.com Webpage)(Powers, Marc) |
| Filing 283 MEMORANDUM OF LAW in Opposition re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment . . Document filed by Shirin Emami. (Fast, Carolyn) |
| Filing 282 MEMORANDUM OF LAW in Opposition re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment . . Document filed by Denis O'Connor. (Powers, Marc) |
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Filing 281
ORDER APPROVING FEE APPLICATIONS: The Court has reviewed the Receiver's invoices for the periods ending October 31, 2005 and November 28, 2015. They are approved. It is my hope that this Receivership can be wound up promptly now that the final assets of Condor have been sold. (Signed by Judge Colleen McMahon on 3/15/2016) (lmb) Modified on 3/15/2016 (lmb).
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| Filing 280 AFFIDAVIT of Paul R. Niehaus in Support re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment .. Document filed by Stephen Baron. (Attachments: #1 Exhibit Final Consent Judgment, #2 Exhibit Letter to Counsel (redacted))(Niehaus, Paul) |
| Filing 279 MEMORANDUM OF LAW in Support re: #278 MOTION to Enforce Judgment . MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment . . Document filed by Stephen Baron. (Niehaus, Paul) |
| Filing 278 MOTION to Enforce Judgment ., MOTION to Compel Receiver Denis O'Connor to comply with Final Consent Judgment . Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 277 MEMO ENDORSEMENT on re: #276 Letter filed by Denis O'Connor. ENDORSEMENT: Thank you, Mr. O'Connor. Please finish the wind up expeditiously. (Signed by Judge Colleen McMahon on 2/29/2016) (kgo) |
| Filing 276 LETTER addressed to Judge Colleen McMahon from Dennis O' Connor dated February 26, 2016 re: Sale of the Remaining Consumer Loan Portfolio. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 275 MEMO ENDORSEMENT on re: #273 Letter filed by Denis O'Connor. ENDORSEMENT: All the letters are duly noted. Mr. Baron is solely responsible for any predicament in which he finds himself. He should pursue his appeal. The Receiver should close the Och-Ziff deal. (Signed by Judge Colleen McMahon on 2/25/2016) (lmb) |
| Filing 274 LETTER addressed to Judge Colleen McMahon from Carolyn Fast dated February 24, 2016 re: Response to Letter Submitted on February 19, 2016 by Defendant Stephen Baron. Document filed by Shirin Emami.(Fast, Carolyn) |
| Filing 273 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated February 24, 2016 re: In Response to Paul R. Niehaus's Letter dated February 19, 2016. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 272 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated February 19, 2016 re: Reciver's Letter of February 9, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
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Filing 271
NOTICE AND ORDER FOR SUBSTITUTION OF COUNSEL: PLEASE TAKE NOTICE that the undersigned hereby consent to the substitution of the Office of the New York State Attorney General as attorneys for Plaintiff Shirin Emami, Acting Superintendent of Financial Services of the State of New York, in the above-captioned action, in place and instead of Schindler Cohen & Hochman LLP. Attorney Jane M. Azia,Carolyn M. Fast for Shirin Emami added. Attorney Matthew Alan Katz; Andrew J. Melnick; Richard Jason Bettan and Jonathan Lee Hochman terminated. (Signed by Judge Colleen McMahon on 2/17/2016) (kgo) Modified on 2/24/2016 (kgo).
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| Filing 270 NOTICE OF APPEARANCE by Jane M. Azia on behalf of Benjamin M. Lawsky. (Azia, Jane) |
| Filing 269 NOTICE OF APPEARANCE by Carolyn M. Fast on behalf of Benjamin M. Lawsky. (Fast, Carolyn) |
| Filing 268 LETTER addressed to Judge Colleen McMahon from Dennis O' Connor dated February 9, 2016 re: Update on the Sale of Condor's Remaining Loan Portfolio and the Current Status of the Receivership. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 267 MEMO ENDORSEMENT on re: #266 Letter, filed by Denis O'Connor. ENDORSEMENT: All of this is very interesting. I congratulate the Receiver. As there is no motion pending before me I intend to do nothing whatsoever. (Signed by Judge Colleen McMahon on 2/1/2016) (kgo) |
| Filing 266 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated February 1, 2016 re: Notifying the Court that the Receiver Closed on Condor's Sale of the Charged-Off Loan Portfolio and in Response to the January 29, 2016 Letters from Paul R. Niehaus. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 265 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated January 29, 2016 re: Letter from DFS dated January 29, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 264 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated January 29, 2016 re: response to letter from Paul R. Niehaus to Judge McMahon dated January 29, 2016. Document filed by Shirin Emami.(Bettan, Richard) |
| Filing 263 LETTER MOTION to Compel Receiver to cease efforts to sell charged-off accounts addressed to Judge Colleen McMahon from Paul R. Niehaus dated January 29, 2016. Document filed by Stephen Baron.(Niehaus, Paul) |
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Filing 262
ORDER of USCA (Certified Copy) as to #261 Notice of Interlocutory Appeal, filed by Stephen Baron. USCA Case Number 16-69. Appellant Stephen Baron moves for an emergency stay of the district court's opinion and order dated December 23, 2015 pending appeal, and to expedite this appeal. IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to the January 20, 2016 motions panel. IT IS FURTHER ORDERED that, to the extent Appellant seeks a temporary stay of the district court order pending determination of the stay motion, that request is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/15/2016. (nd)
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| Filing 261 NOTICE OF INTERLOCUTORY APPEAL from #259 Order, #260 Order,,,,,,,,. Document filed by Stephen Baron. Filing fee $ 505.00, receipt number 0208-11814299. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit Opinion of 12/23/15, #2 Exhibit Order of 12/23/15)(Niehaus, Paul) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #261 Notice of Interlocutory Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #261 Notice of Interlocutory Appeal, filed by Stephen Baron were transmitted to the U.S. Court of Appeals. (nd) |
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Filing 260
ORDER APPROVING THE SALE OF THE LOAN PORTFOLIO, DIRECTING BARON TO TAKE STEPS TO EFFECTUATE THE SALE AND ENJOINING CERTAIN CLAIMS: WHEREAS, on December 21, 2015, the Court held an evidentiary hearing, in which it heard arguments from the marties and received additional evidence and testimony from the parties' respective fact and expert witnesses; and WHEREAS, in the absence of an injunction, this Court finds that Defendant Baron is likely to willfully ignore and violate the terms herein, and by refusing to execute documents necessary to the consummation of this sale, and for the reasons stated in the Courts decision of December 23, 2015, The Receiver's actions in executing the Agreement arc hereby approved and confirmed. The Receiver has all the necessary authority, on behalf of Condor, to complete the Sale as contemplated in the Agreement and as the Receiver deems appropriate in his sole and absolute discretion. This Court will consider any interference by Defendant Baron with the consummation of the Agreement, any violation of this Order, or any other act by Defendant Baron in opposition to or frustration of the Final Consent Judgment - including but not limited to any additional filings seeking to hinder, delay, or otherwise thwart the Sale Order, the work of the Receiver to the TPA other than a notice of appeal - an act of Civil Contempt of Court warranting any and all necessary and appropriate sanctions. This Court shall retain exclusive jurisdiction of the matters set forth in this Sale Order Baron is hereby enjoined and restrained from commencing any further action in this or any court seeking to enjoin the consummation of, or otherwise interfere with or frustrate, the O-Z deal; or interfering with the management of the loan portfolio after the deal closes. This order does not bar Baron from filing an appeal from this order, but in the opinion of this Court such an appeal would not be taken in good faith, and this Court will not stay this order pending appeal. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/23/2015) (kgo)
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Filing 259
DECISION AND ORDER GRANTING MOTION TO CONFIRM SALE AND TO ENJOIN STEPHEN BARON FROM FURTHER INTERFERENCE WITH THE TRANSACTION: The Receiver's motion is granted in full. The parties have already been advised via short form order to send the Court proposed forms of order. The Clerk of Court shall remove the motion at Docket #235 from the Court's list of open motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/23/2015) (kgo)
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| Filing 258 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated December 23, 2015 re: Enclosing Proposed Order In Accordance With the Court's Order Dated December 22, 2015. Document filed by Denis O'Connor. (Attachments: #1 Text of Proposed Order)(Powers, Marc) |
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Filing 257
MEMO ENDORSEMENT on re: #242 Letter filed by Denis O'Connor. ENDORSEMENT: So ordered. (Signed by Judge Colleen McMahon on 12/22/2015) (kgo)
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| Filing 256 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated December 22, 2015 re: revised Proposed Short-Form Order. Document filed by Shirin Emami. (Attachments: #1 Revised Proposed Short-Form Order)(Bettan, Richard) |
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Filing 255
SHORT FORM ORDER granting #235 Motion to Approve. The court is in the process of finalizing a decision in this matter, but it will not likely be done until tomorrow morning. Because there are serious time constraints, I am entering the following short-form order now; the full decision will be posted on ECF as soon as it is finished. The Receiver's motion is granted in full. The deal is confirmed, and the court will sign a Final Order in substantially the form of Exhibit H to the PPA. Please present me with a clean final copy before 11 AM tomorrow, December 23, so I can sign it. Baron is enjoined from continued interference with the deal - including the commencement of new litigation against the Receiver, DFS or O-Z in connection with this transaction without first obtaining leave of this court - and he is also mandatorily enjoined to comply with the terms of the Final Consent Injunction, and specifically to execute any and all documents required by the Receiver to conclude the sale, as required by the Final Consent Injunction. I gather that DFS may want particular terms included in any such injunction; you must present me with a form of order by 11 AM tomorrow so I can sign it before I leave the courthouse. The court declines to grant a stay of this order and the decision and order that will be filed tomorrow morning pending appeal. (Signed by Judge Colleen McMahon on 12/22/2015) (kgo)
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| Filing 254 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated December 22, 2015 re: Proposed Order. Document filed by Shirin Emami. (Attachments: #1 Proposed Order)(Bettan, Richard) |
| Filing 253 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated December 20, 2015 re: Corrected Exhibit. Document filed by Shirin Emami. (Attachments: #1 Exhibit Corrected Exhibit E to Dec. 18, 2015 Decl. of J. Feigenbaum)(Bettan, Richard) |
| Filing 252 NOTICE OF APPEARANCE by Marco Molina on behalf of Denis O'Connor. (Molina, Marco) |
| Filing 251 NOTICE OF APPEARANCE by Torello H. Calvani on behalf of Denis O'Connor. (Calvani, Torello) |
| Filing 250 DECLARATION of Joy Feigenbaum in Support re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims .. Document filed by Shirin Emami. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bettan, Richard) |
| Filing 249 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated December 18, 2015 re: enclosed declaration in support of Receiver's motion seeking approval of the sale. Document filed by Shirin Emami.(Bettan, Richard) |
| Filing 248 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated December 16, 2015 re: Response to the Court's December 10, 2015 Memorandum Endorsement Seeking Input on the Letter from Defendant Stephen Baron's Prior Counsel, Richard Dolan, Esq.. Document filed by Denis O'Connor.(Powers, Marc) |
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Filing 247
NOTICE OF HEARING: The court will hold a hearing on the motion to confirm the sale on Monday, December 21, at 9:30 AM in Courtroom 17C, United Stated District Courthouse, 500 Pearl Street, New York, New York. All direct testimony will be by affidavit. All affidavits must be submitted by hand to Judge McMahon's chamber by 5 PM on Friday, December 18, 2015. The Receiver's declaration and the affidavit of Defendant's Expert are accepted as direct testimony. There will be no discovery of any sort. The court will expect to be provided with proposed findings of fact and conclusions of law at the outset of the hearing. The court will rule from the bench. The hearing cannot and will not be postponed. We will go as late as necessary on Monday night in order to conclude. The Receiver should be prepared to address the concerns raised by the Defendant's expert. The Defendant needs to understand that his preferred deal (assuming it could be resurrected) is not on the table. The court rejected that deal as illusory last July and I am not resurrecting it. That is law of the case. The issues facing the court are whether this particular sale should close, and whether Mr. Baron - who has already exhausted his one chance to derail a sale -- even has standing to object to this proposal. DFS started this but has been conspicuously silent in recent months. I expect DFS to appear at the hearing and to be able to defend its approval of this deal as being in the public interest. Motion Hearing set for 12/21/2015 at 09:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 12/16/2015) (kgo)
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| Filing 246 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated December 15, 2015 re: Response to Memorandum Order on December 10, 2015 Letter. Document filed by Shirin Emami.(Bettan, Richard) |
| Filing 245 MEMO ENDORSEMENT on re: #241 Letter, filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: If I am not mistaken, the services rendered by Schlam Stone were for actions taken to impede the sale of the business. But I will want to hear from DFS and the Receiver - before I can conclude that there has been any abuse of the Receiver's discretion. (Signed by Judge Colleen McMahon on 12/14/2015) (kgo) |
| Filing 244 DECLARATION of Denis O'Connor (Redacted) in Support re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims .. Document filed by Denis O'Connor. (Powers, Marc) |
| Filing 243 REPLY MEMORANDUM OF LAW in Support re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims . (Redacted). Document filed by Denis O'Connor. (Powers, Marc) |
| Filing 242 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated December 9, 2015 re: Attached Invoice for Professional Services Rendered for the Four Week Period Ending October 3, 2015. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 241 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated December 10, 2015 re: Authorization to direct the payment of invoices. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dolan, Richard) |
| Filing 240 AFFIDAVIT of Fiachra T. O'Driscoll in Opposition re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims .. Document filed by Stephen Baron. (Attachments: #1 Exhibit Resume, #2 Exhibit List of Documents Reviewed, #3 Exhibit Loan Illustration, #4 Exhibit Loan Illustration, #5 Exhibit Calculations, #6 Exhibit Calculations, #7 Exhibit Calculations, #8 Exhibit Calculations)(Niehaus, Paul) |
| Filing 239 AFFIDAVIT of Paul R. Niehaus in Opposition re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims .. Document filed by Stephen Baron. (Attachments: #1 Exhibit November 6, 2014 Sale Order, #2 Exhibit Wingspan PPA, #3 Exhibit Final Consent Judgment, #4 Exhibit July 10, 2015 Memo of Law, #5 Exhibit Decl. of Mercedes Arango, #6 Exhibit Decl. of D. O'Connor, #7 Exhibit October 30, 2015 Letter to Court, #8 Exhibit June 4, 2015 Bid Analysis, #9 Exhibit Cash Receipts Spreadsheet, #10 Exhibit June 12, 2015 LOI from FALS)(Niehaus, Paul) |
| Filing 238 MEMORANDUM OF LAW in Opposition re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims . and in support of request for evidentiary hearing. Document filed by Stephen Baron. (Niehaus, Paul) |
| Filing 237 DECLARATION of Denis O'Connor (Redacted) in Support re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims .. Document filed by Denis O'Connor. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Preliminary Injunction and Order Appointing Receiver, #3 Exhibit 3-Final Consent Judgment, #4 Exhibit 4-Redacted Letter of Intent, #5 Exhibit 5-Endorsed Letter Dated June 15, 2015, #6 Exhibit 6-Redacted Agreement, #7 Exhibit 7-Letter Dated October 30, 2015, #8 Exhibit 8-Letter Dated October 14, 2014, #9 Exhibit 9-Order Dated November 4, 2014, #10 Exhibit 10-DFS's Endorsed Letter Dated February 25, 2015, #11 Exhibit 11-Letter Dated February 25, 2015, #12 Exhibit 12-Letter Dated February 26, 2015, #13 Exhibit 13-Rejection Letter Dated April 29, 2015, #14 Exhibit 14-Redacted Letter of Intent from Losing Bidder, #15 Exhibit 15-Decision and Order Dated July 21, 2015, #16 Exhibit 16-Baron's Request and the Court's Denial Dated July 24, 2015, #17 Exhibit 17-Order, Case No. 15-2362)(Powers, Marc) |
| Filing 236 MEMORANDUM OF LAW in Support re: #235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims . (Redacted). Document filed by Denis O'Connor. (Powers, Marc) |
| Filing 235 MOTION to Approve the Sale and Enjoining Baron from Asserting Certain Claims . Document filed by Denis O'Connor. (Attachments: #1 Text of Proposed Order)(Powers, Marc) |
| Filing 234 MEMO ENDORSEMENT denying #231 Motion for Recusal. ENDORSEMENT: The motion for recusal is simply and totally without merit. The defendant admits that there is no central bias on the part of the court; the court denies that there is any appearance of bias. If defendant disagrees with the court's ruling he is free to appeal them. Motion DENIED. The Clerk will remove docket #231 from the court's list of open motions. (Signed by Judge Colleen McMahon on 11/24/2015) (kgo) |
| Filing 233 AFFIDAVIT of Paul R. Niehaus in Support re: #231 MOTION for Recusal .. Document filed by Stephen Baron. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Niehaus, Paul) |
| Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION for Recusal . . Document filed by Stephen Baron. (Niehaus, Paul) |
| Filing 231 MOTION for Recusal . Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 230 LETTER addressed to Judge Colleen McMahon from Paul R. Niehaus dated November 17, 2015 re: Receiver Fee Request. Document filed by Stephen Baron.(Niehaus, Paul) |
| Filing 229 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 11/6/2015 re: I have attached my Invoice for professional services rendered. ENDORSEMENT: OK to pay. (Signed by Judge Colleen McMahon on 11/9/2015) (kgo) |
| Filing 227 FILING ERROR - DEFICIENT DOCKET ENTRY - SUPPLEMENTAL LETTER MOTION to Compel Receiver and Dept. of Financial Services to re-open bid process and identify third-party administrator addressed to Judge Colleen McMahon from Paul R. Niehaus dated November 6, 2015. Document filed by Stephen Baron, Condor Capital Corporation.(Niehaus, Paul) Modified on 11/6/2015 (ldi). |
| Filing 226 MEMO ENDORSEMENT on re: #225 Letter filed by Denis O'Connor. ENDORSEMENT: Fear not - I will not allow Mr. Baron to upset this deal. (Signed by Judge Colleen McMahon on 11/5/2015) (kgo) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paul Robert Niehaus to RE-FILE Document #227 SUPPLEMENTAL LETTER MOTION to Compel Receiver and Dept. of Financial Services to re-open bid process and identify third-party administrator addressed to Judge Colleen McMahon from Paul R. Niehaus dated November 6, 2015. ERROR(S): Wrong case number indicated on document. (ldi) |
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Filing 228
ORDER denying #222 Letter Motion to Compel. Absolutely NOT. The receiver remains in full charge. It does not lie as Mr. Barn wants to complaint about a process he has repeatedly delayed. (Signed by Judge Colleen McMahon on 11/5/2015) (kgo)
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| Filing 225 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated November 5, 2015 re: Response to Paul R. Niehaus's November 4, 2015 Letter. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 224 LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Richard J. Bettan dated November 5, 2015 re: #222 LETTER MOTION to Compel Receiver to re-open bid process and Plaintiff to select third-party administrator addressed to Judge Colleen McMahon from Paul R. Niehaus dated November 4, 2015. . Document filed by Anthony J. Albanese. (Bettan, Richard) |
| Filing 223 MEMO ENDORSEMENT on re: #220 Letter, filed by Denis O'Connor. ENDORSEMENT: Report Renewed. (Signed by Judge Colleen McMahon on 11/4/2015) (mro) |
| Filing 222 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION to Compel Receiver to re-open bid process and Plaintiff to select third-party administrator addressed to Judge Colleen McMahon from Paul R. Niehaus dated November 4, 2015. Document filed by Stephen Baron, Condor Capital Corporation.(Niehaus, Paul) Modified on 11/6/2015 (ldi). |
| Filing 221 NOTICE OF APPEARANCE by Paul Robert Niehaus on behalf of Stephen Baron, Condor Capital Corporation. (Niehaus, Paul) |
| Filing 220 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated October 30, 2015 re: Update on the Sale of Condor's Remaining Loan Portfolio and the Current Status of the Receivership. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 219 MEMO ENDORSEMENT on re: #218 Letter filed by Denis O'Connor. ENDORSEMENT: Thank you for this enlightening report. (Signed by Judge Colleen McMahon on 10/5/2015) (kgo) |
| Filing 218 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated October 2, 2015 re: Response to the October 1, 2015 Letter from Jeffrey Eilender. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 217 MEMO ENDORSEMENT on re: #216 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: Your objections are noted - but the fees and delays are of your client's making. (Signed by Judge Colleen McMahon on 10/2/2015) (kgo) |
| Filing 216 LETTER addressed to Judge Colleen McMahon from Jeffrey M. Eilender dated October 1, 2015 re: Objections to Receiver's 09.30.2015 Letter. Document filed by Stephen Baron, Condor Capital Corporation.(Eilender, Jeffrey) |
| Filing 215 MEMO ENDORSEMENT on re: #214 Letter, filed by Denis O'Connor. ENDORSEMENT: OK to pay. (Signed by Judge Colleen McMahon on 10/1/2015) (lmb) |
| Filing 214 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated September 30, 2015 re: Attaching Invoice for Professional Services Rendered for the Four Week Period Ending August 8, 2015. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 213 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 9/1/2015 re: Invoice. ENDORSEMENT: OK to pay. (Signed by Judge Colleen McMahon on 9/2/2015) (kgo) |
| Filing 212 LETTER addressed to Judge Colleen McMahon from Denis O' Connor dated August 20, 2015 re: Update on the Sale of Condor's Remaining Loan Portfolio and the Current Status of the Receivership. Document filed by Denis O'Connor.(Powers, Marc) |
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Filing 211
ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 8/3/2015 re: Invoice. ENDORSEMENT: So ordered. (Signed by Judge Colleen McMahon on 8/4/2015) (ajs)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #210 Corrected Notice of Appeal. (tp) |
| Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #210 Corrected Notice of Appeal filed by Stephen Baron were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Fee Paid electronically via Pay.gov: for #210 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-11193914, paid on 07/24/2015. (nd) |
| Filing 210 CORRECTED NOTICE OF APPEAL re: #206 Notice of Interlocutory Appeal, #205 Order,. Document filed by Stephen Baron. (Dolan, Richard) |
| Filing 209 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated July 27, 2015 re: Opposition to the Request by Defendant Baron for a Stay. Document filed by Denis O'Connor.(Powers, Marc) |
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Filing 208
ORDER denying #207 Motion to Stay. DENIED - absolutely no ground to stay in face of meritless appeal. (Signed by Judge Colleen McMahon on 7/24/2015) (kgo)
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| Filing 207 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Stay re: #205 Order, . Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) Modified on 7/27/2015 (db). |
| Filing 206 FILING ERROR - WRONG FILER SELECTED - NOTICE OF INTERLOCUTORY APPEAL from #205 Order,. Document filed by Stephen Baron, Condor Capital Corporation. Filing fee $ 505.00, receipt number 0208-11193914. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dolan, Richard) Modified on 7/28/2015 (nd). |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #206 Notice of Interlocutory Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #206 Notice of Interlocutory Appeal, filed by Condor Capital Corporation, Stephen Baron were transmitted to the U.S. Court of Appeals. (nd) |
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Filing 205
DECISION AND ORDER DENYING DEFENDANTS' MOTION FOR A PRELIMINARY INJUNCTION: For the foregoing reasons, Baron's motion for a preliminary injunction is denied. The Clerk of the Court is directed to remove the motion at Docket #191 from the court's list of open motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/21/2015) (kgo) Modified on 7/21/2015 (kgo).
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| Filing 204 REPLY MEMORANDUM OF LAW in Support re: #191 MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order. . Document filed by Stephen Baron. (Dolan, Richard) |
| Filing 203 REPLY AFFIRMATION of Chris Diangelo in Support re: #191 MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order.. Document filed by Stephen Baron. (Attachments: #1 Exhibit 16)(Dolan, Richard) |
| Filing 202 DECLARATION of Denis O'Connor in Opposition. Document filed by Denis O'Connor. (Attachments: #1 Exhibit 1-Preliminary Injunction and Order Appointing Receiver, #2 Exhibit 2-Letter Dated October 14, 2014, #3 Exhibit 3-Letter Dated November 4, 2014, #4 Exhibit 4-Order Dated November 6, 2014, #5 Exhibit 5-Final Consent Judgment Dated December 22, 2014, #6 Exhibit 6-Letter of Intent Dated January 21, 2015, #7 Exhibit 7-Letter Dated February 25, 2015, #8 Exhibit 8-Letter Dated February 25, 2015, #9 Exhibit 9-Letter Dated February 26, 2015, #10 Exhibit 10-Letter of Intent Dated June 12, 2015, #11 Exhibit 11-Letter Dated June 15, 2015)(Powers, Marc) |
| Filing 201 DECLARATION of Mercedes M. Arango in Opposition. Document filed by Denis O'Connor. (Powers, Marc) |
| Filing 200 MEMORANDUM OF LAW in Opposition to Defendant Baron's Motion for an Injunction. Document filed by Denis O'Connor. (Powers, Marc) |
| Filing 199 DECLARATION of Richard J. Bettan in Support of Plaintiff's Opposition to Defendant Stephen Baron's Motion for a Restraining Order . Document filed by Anthony J. Albanese. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bettan, Richard) |
| Filing 198 MEMORANDUM OF LAW in Opposition to Defendant Stephen Baron's Motion for a Restraining Order. Document filed by Anthony J. Albanese. (Bettan, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Jason Bettan to RE-FILE Document #196 Memorandum of Law in Opposition to Motion. Use the event type Memorandum in Opposition (non-motion) found under the event list Other Answers. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Jason Bettan to RE-FILE Document #197 Declaration in Opposition to Motion. Use the event type Declaration in Opposition (non-motion) found under the event list Other Answers. (db) |
| Filing 197 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Richard J. Bettan in Opposition re: #191 MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order.. Document filed by Anthony J. Albanese. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bettan, Richard) Modified on 7/13/2015 (db). |
| Filing 196 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: #191 MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order. . Document filed by Anthony J. Albanese. (Bettan, Richard) Modified on 7/13/2015 (db). |
| Filing 195 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 7/7/2015 re: I have attached my Invoice for professional services rendered. ENDORSEMENT: Pay the invoice. (Signed by Judge Colleen McMahon on 7/7/2015) (kgo) |
| Filing 194 DECLARATION of Leah Mary Campbell in Support. Document filed by Stephen Baron. (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)(Dolan, Richard) |
| Filing 193 MEMORANDUM OF LAW in Support of Defendant Stephen Baron's Motion for a Restraining Order. Document filed by Stephen Baron. (Dolan, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Henry Dolan to RE-FILE Document #192 Declaration in Support of Motion. Use the event type Declaration in Support (non-motion) found under the event list Other Answers. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Henry Dolan to RE-FILE Document #191 MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. (ldi) |
| Filing 192 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Leah Mary Campbell in Support re: #191 MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order.. Document filed by Stephen Baron, Condor Capital Corporation. (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)(Dolan, Richard) Modified on 7/6/2015 (ldi). |
| Filing 191 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Preliminary Injunction Memorandum of Law in Support of Defendant Stephen Baron's Motion for a Restraining Order. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) Modified on 7/6/2015 (ldi). |
| Filing 190 MEMO ENDORSEMENT on re: #189 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: There will be no TRO! Put in your papers today. Responsive papers are July 10. Reply papers July 14. I will decide on papers. I do not require any hearing. (Signed by Judge Colleen McMahon on 6/29/2015) (kgo) |
| Set/Reset Deadlines: Responses due by 7/10/2015 Replies due by 7/14/2015. (kgo) |
| Filing 189 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated June 26, 2015 re: Filing a Proposed Order to Show Cause. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
| Filing 188 MEMO ENDORSEMENT on re: #187 Letter filed by Denis O'Connor. ENDORSEMENT: Thanks. Too bad Mr. Baron did not agree to the earlier proposed Second Sale- he will will have to live with this one if DFS approves. (Signed by Judge Colleen McMahon on 6/15/2015) (ama) |
| Filing 187 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated June 15, 2015 re: Update on Final Sale of Condor Capital Corp. Loan Portfolio and Current Status of the Receivership. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 186 LETTER addressed to Judge Colleen McMahon from Marc D. Powers dated June 11, 2015 re: Response to the June 10, 2015 Letter Filed by Counsel for Defendant Stephen Baron. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 185 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated June 10, 2015 re: Objection To Fees. Document filed by Stephen Baron.(Campbell, Leah) |
| Filing 184 MEMO ENDORSEMENT on re: #183 Letter filed by Denis O'Connor. ENDORSEMENT: OK to pay. (Signed by Judge Colleen McMahon on 6/8/2015) (kgo) |
| Filing 183 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated June 5, 2015 re: Enclosing Invoice. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 182 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 5/8/2015 re: I write to Your Honor regarding compensation for the performance of my duties. ENDORSEMENT: Invoice OK. (Signed by Judge Colleen McMahon on 5/8/2015) (kgo) |
| Filing 181 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated May 1, 2015 re: Status Update. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 180 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated April 17, 2015 re: Status Update. Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 179 LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated February 26, 2015 Document filed by Denis O'Connor.(Powers, Marc) |
| Filing 178 NOTICE OF APPEARANCE by Marc Dennis Powers on behalf of Denis O'Connor. (Powers, Marc) |
| Filing 177 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 4/7/2015 re: I feel it is the best course to advise the Court of my intention to pay Baron for the use of his building. ENDORSEMENT: To the extent you need it, you have my endorsement to pay the rent. (Signed by Judge Colleen McMahon on 4/7/2015) (kgo) |
| Filing 176 MEMO ENDORSEMENT on re: #175 Letter filed by Benjamin M. Lawsky. ENDORSEMENT: Mr. Baron may do as the DFs says - he may request a single letter of Intent. I have no role to play in this. and I will not direct the Receiver to proceed in Mr. Baron's preferred manner. So stop these pointless letters. Mr. Baron has only the rights to which he agreed in the settlement and I will not expand you them. (Signed by Judge Colleen McMahon on 2/26/2015) (kgo) |
| Filing 175 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated February 25, 2015 re: Defendants' letter dated February 25, 2015. Document filed by Benjamin M. Lawsky. (Attachments: #1 Exhibit 1)(Hochman, Jonathan) |
| Filing 174 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated February 25, 2015 re: Compliance With Final Consent Judgment. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Campbell, Leah) |
| Filing 173 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 2/20/2015 re: I write to Your Honor regarding compensation for the performance of my duties. ENDORSEMENT: pay (Signed by Judge Colleen McMahon on 2/24/2015) (kgo) |
| Filing 172 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated January 28, 2015 re: Mr. Baron's Continuing Objection To The Total Amount Of Fees Requested By And Paid To The Receiver. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
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Filing 171
ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 1/20/2015 re: Counsel writes to Your Honor regarding compensation for the performance of my duties pursuant to the Preliminary Injunction and Order Appointing Receiver entered on May 13, 2014 and the final Consent Judgment entered on December 22, 2014. ENDORSEMENT: Payment ordered. (Signed by Judge Colleen McMahon on 1/21/2015) (tn)
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| Filing 170 LETTER addressed to Judge Colleen McMahon from Michael M. Rosensaft dated 1/5/2015 re: Noting Objection To Fees Regarding Endorsed Letter (Doc. # 168). Document filed by Stephen Baron, Condor Capital Corporation.(Rosensaft, Michael) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Max Rosensaft to RE-FILE Document #169 MOTION Noting Objection To Fees re: #168 Endorsed Letter, . Use the event type Letter found under the event list Other Documents. (db) |
| Filing 169 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Noting Objection To Fees re: #168 Endorsed Letter, . Document filed by Stephen Baron, Condor Capital Corporation.(Rosensaft, Michael) Modified on 1/6/2015 (db). |
| Filing 168 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 12/23/2014 re: I have attached my Invoice for professional services rendered for the four week period ending November 29, 2014. ENDORSEMENT: pay the invoice (Signed by Judge Colleen McMahon on 1/5/2015) (kgo) |
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Filing 167
FINAL CONSENT JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: For purposes of this Final Consent Judgment, a person shall be considered "Independent" if the person: (1) is not related by blood or marriage to Stephen Baron; (2) is not a current or former business associate or personal acquaintance, including an employee or employer, of Stephen Baron or any person related by blood or marriage to Stephen Baron; and (3) is not a current or former attorney, fiduciary, or other advisor who has represented Stephen Baron, Condor, or any person related by blood or marriage to Stephen Baron. The Receiver shall sell all remaining loans in Condor's loan portfolio to one or more Independent purchaser(s) that is (are) in compliance with all applicable licensing requirements. The Receiver shall enter into a binding, written letter of intent to sell all remaining loans in Condor's loan portfolio ("Letter of Intent") no later than one-hundred-twenty days after January 5, 2015 or one-hundred-twenty days after the entry of this Final Consent Judgment, whichever is later, which date may be extended for good cause. Condor and Stephen Baron shall pay a civil monetary penalty of $3,000,000 to the Department within ten days of execution of this Final Consent Judgment. The payment shall be in the form of a wire transfer in accordance with the Department's instructions or a certified or bank check made payable to the "Superintendent of Financial Services" and mailed to: New York State Department of Financial Services, One State Street, New York, New York, 10004-1511, Attn: Joy Feigenbaum, Executive Deputy Superintendent, Financial Frauds & Consumer Protection. The Receiver shall establish an escrow account and place $6,643,630 in the escrow account to fund restitution payments to Condor's customers, as follows herein. Condor shall surrender its New York sales finance company license and any other license that permits Condor to make or acquire consumer loans in any state. The Receivership and the Court's previous Orders and Opinions shall remain in full force and effect. Condor's or Stephen Baron's failure to make the required demonstration within the specified period is presumptive evidence of Condor's or Stephen Baron's Breach. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Condor and Stephen Baron shall, upon request by the Department, provide all documentation and information reasonably necessary for the Department to verify compliance with this Final Consent Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Consent Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Department may apply to this Court to impose sanctions on any person or entity that violates this Final Consent Judgment, and the following as further set forth herein. (Signed by Judge Colleen McMahon on 12/22/2014) (kgo)
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| Filing 166 SETTLEMENT AGREEMENT Proposed Final Consent Judgment. Document filed by Benjamin M. Lawsky. (Attachments: #1 Supplement Consent of Defendants Condor and Stephen Baron, #2 Exhibit Exhibit A (Redacted))(Bettan, Richard) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 12/18/2014. (Bacchus, Michael) |
| Filing 165 MANDATE of USCA (Certified Copy) as to #130 Notice of Interlocutory Appeal, filed by Condor Capital Corporation, Stephen Baron USCA Case Number 14-3116....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/08/2014. (nd) |
| Filing 164 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 11/24/14 re: Counsel attaches his invoice for professional services rendered for the four week period that ended November 1, 2014. ENDORSEMENT: OK to pay. (Signed by Judge Colleen McMahon on 12/1/2014) (mro) |
| Filing 163 MEMO ENDORSEMENT on re: #162 Letter filed by Benjamin M. Lawsky. ENDORSEMENT: granted (Signed by Judge Colleen McMahon on 11/24/2014) (kgo) |
| Filing 162 LETTER addressed to Judge Colleen McMahon from Matthew A. Katz dated November 21, 2014 re: status report. Document filed by Benjamin M. Lawsky.(Katz, Matthew) |
| Filing 161 MEMO ENDORSEMENT on re: #158 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: As you know, I have ruled that these provisions are inapplicable to this non-judicial sale, so do not make arguments about them. (Signed by Judge Colleen McMahon on 11/14/2014) (ama) |
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Filing 160
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO INTERVENOR ONLY: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for Plaintiff, Defendant and Intervenor, pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure, that the above-captioned action AS TO INTERVENOR ONLY is hereby voluntarily dismissed in its entirety with prejudice and with each party to bear its own costs and attorneys fees. SO ORDERED. (Signed by Judge Colleen McMahon on 11/17/2014) (ama)
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Filing 159
ORDER REAFFIRMING THE RECEIVER'S AUTHORITY TO SELL ASSETS OF CONDOR CAPITAL CORPORATION: IT IS HEREBY ORDERED THAT: 1. The Court reaffirms that the Receiver has absolute discretion to dispose of Condor's assets, including the assets proposed to be sold to the Buyer in accordance with the Letter Motion and such other terms and conditions that the Receiver shall deem appropriate in his sole and absolute discretion, in order to first satisfy the obligations owing to the secured lenders as soon as practicable, and then satisfy any other obligations set forth in the Receivership Order or any other orders of this Court. 2. The Court reaffirms that the Receiver has the authority to enter into and consummate all transactions necessary to complete the sale, assignment or conveyance of Condor's assets to the Buyer and enter into, and cause Condor to enter into and be bound by, a portfolio purchase agreement which will contain terms and conditions, including covenants, representations, warranties and indemnities, that the Receiver shall deem appropriate in his sole and absolute discretion. 3. Upon payment in full in cash at closing of the obligations owing to the secured lenders, any sales, assignments or conveyances of assets will be free and clear of all liens, claims and interests, which shall attach to the sale proceeds. 4. The Court reaffirms that to the extent applicable, the sale procedures specified in 28 U.S.C. 2001 and/or 2004 are inexplicable, as this is not a judicial sale, to which section 2004 (and by inclusion portions of section 2001) are pertinent. This paragraph was erroneously included in a prior version of this order. (Signed by Judge Colleen McMahon on 11/14/2014) (kgo)
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| Filing 158 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated November 14, 2014 re: November 14, 2014 Letter to the Court. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 11/12/2014. (Bacchus, Michael) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 11/10/2014. Decision: Conference held. (Submitted by Sarah Siegel). (mde) |
| Filing 157 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated November 6, 2014 re: response to Defendants' letter dated November 6, 2014. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
| Filing 156 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated November 6, 2014 re: Permit Defendants To Participate Fully In The Marketing And Sale Of The Assets Of Condor That Remain After The Wells Line Of Credit Has Been Repaid. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
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Filing 155
ORDER REAFFIRMING THE RECEIVER'S AUTHORITY TO SELL ASSETS OF CONDOR CAPITAL CORPORATION: IT IS HEREBY ORDERED THAT: 1. The Court reaffirms that the Receiver has absolute discretion to dispose of Condor's assets, including the assets proposed to be sold to the Buyer in accordance with the Letter Motion and such other terms and conditions that the Receiver shall deem appropriate in his sole and absolute discretion, in order to first satisfy the obligations owing to the secured lenders as soon as practicable, and then satisfy any other obligations set forth in the Receivership Order or any other orders of this Court. 2. The Court reaffirms that the Receiver has the authority to enter into and consummate all transactions necessary to complete the sale, assignment or conveyance of Condor's assets to the Buyer and enter into, and cause Condor to enter into and be bound by, a portfolio purchase agreement which will contain terms and conditions, including covenants, representations, warranties and indemnities, that the Receiver shall deem appropriate in his sole and absolute discretion. 3. Upon payment in full in cash at closing of the obligations owing to the secured lenders, any sales, assignments or conveyances of assets will be free and clear of all liens, claims and interests, which shall attach to the sale proceeds. 4. The Court reaffirms that to the extent applicable, the sale procedures specified in 28 U.S.C. 2001 and/or 2004 have either been satisfied or are waived. (Signed by Judge Colleen McMahon on 11/6/2014) (kgo)
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| Filing 154 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated 11/6/2014 re: Proposed Order submitted by Receiver on November 6, 2014. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
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Filing 153
ORDER: I have read the submission opposing the Receiver's most recent fee request, as well as the Receiver's response thereto. I see nothing unreasonable about the latest fee request, other than the 2% administrative fee - which, while entirely appropriate for many types of work, and for a relatively limited period of time, should be reduced to 1% as the receivership continues. Therefore, I approve the Receiver's fee request with the caveat that the administrative fee is only approved in the amount of 1% of the total bill. I very much appreciate the Receiver's apprising the court about the cost of his services relative to the cost of legal services on behalf of other parties to this dispute. It is apparent to me, if not to Mr. Baron, that the Receiver is a bargain. If Mr. Baron really wants to reassume control of Condor, he should stop trying to throw roadblocks in the path of the Receiver. I am expecting the submission of a form of order for me to sign in order to address the concerns of the proposed purchaser of a portion of Condor's assets. The order is, legally speaking, belt and suspenders - the Receiver already has all the authority he needs to consummate the sale with the permission and under the auspices of the court - but if it will facilitate getting the Wells Fargo loan paid and setting us on the road to Condor's resuming control of its own operations, I am happy to sign an order specifically stating that the proposed sale is within the power granted to the Receiver. (Signed by Judge Colleen McMahon on 11/4/2014) (kgo)
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Filing 152
ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 11/4/2014 re: I am writing to you with respect to the sale of a portion of the Condor Capital Corp. ("Condor") customer loan portfolio, the expected payoff of the Wells Fargo loan facility and the conference call with Your Honor and with all the parties to this litigation on October 28, 2014. ENDORSEMENT: I will issue an order formally affirming that the Receiver has absolute discretion to dispose of assets of Condor and to pay off the Wells Fargo loan. Submit a proposed order No (Signed by Judge Colleen McMahon on 11/4/2014) (kgo)
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| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 11/4/2014. (Bacchus, Michael) |
| Filing 151 MEMO ENDORSEMENT on re: #150 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: I agree that continuing expenses at this level are concerning. I await the Receivers response. (Signed by Judge Colleen McMahon on 10/30/2014) (kgo) |
| Filing 150 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated October 29, 2014 re: Objection To Receiver's October 24, 2014 Request For Fees. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 10/28/2014. Decision: The defendants divested this Court of jurisdiction to modify its August 1, 2014 Order by appealing that order. The request to modify it while the appeal is still pending is denied. Submitted by Sarah Siegel. (mde). |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 10/28/2014. (Bacchus, Michael) |
| Filing 149 MEMO ENDORSEMENT on re: #148 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: teleconference Tuesday, 10/28/14 @ 3:30 PM (Signed by Judge Colleen McMahon on 10/27/2014) (kgo) |
| Set/Reset Hearings: Telephone Conference set for 10/28/2014 at 03:30 PM before Judge Colleen McMahon. (kgo) |
| Filing 148 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated 10/24/2014 re: Call with the Court. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
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Filing 147
ENDORSED LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated 10/17/2014 re: We write on behalf of and with the permission of all parties in furtherance of Your Honor's Order during the telephonic status conference requesting weekly status reports. ENDORSEMENT: I am on trial. Do you need to speak to me? (Signed by Judge Colleen McMahon on 10/21/2014) (kgo) Modified on 10/21/2014 (kgo).
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| Filing 146 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated October 16, 2014 re: October 16, 2014 Letter to the Court. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
| Filing 145 LETTER addressed to Judge Colleen McMahon from Harris N. Cogan dated 10/16/14 re: Letter Submitted by Counsel for Condor and Stephen Baron Seeking Modification of the Court's August 1, 2014 Order. Document filed by Wells Fargo Bank, N.A..(Cogan, Harris) |
| Filing 144 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Richard H. Dolan dated October 15, 2014. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
| Filing 143 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 10/14/14 re: Counsel states that he has executed an exclusivity agreement on 9/20/14 with a financier to refinance Condor's Capital Corp's loan from Wells Fargo; as further set forth herein. ENDORSEMENT: Thank you for this report. It appears to me that the Receiver is following the most prudent course available. (Signed by Judge Colleen McMahon on 10/15/2014) (mro) |
| Filing 142 FIFTH REPORT TO THE COURT (kgo) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 10/10/2014. Decision: At the end of each week, the parties should send a brief, joint letter updating the Court regarding their progress.(Submitted By Sarah Siegel). (mde) |
| Filing 141 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 10/7/2014 re: I write to Your Honor regarding tax payments requested by Stephen Baron. ENDORSEMENT: Telephone conference scheduled for 10/10/14 @ 9:45 am. (Signed by Judge Colleen McMahon on 10/8/2014) (kgo) |
| Set/Reset Hearings: Telephone Conference set for 10/10/2014 at 09:45 AM before Judge Colleen McMahon. (kgo) |
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Filing 140
ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 9/26/2014 re: I write to your Honor regarding compensation for the performance of my duties pursuant to the Preliminary Injunction and Order Appointing Receiver. ENDORSEMENT: Approval of payment. (Signed by Judge Colleen McMahon on 9/30/2014) (kgo)
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| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/30/2014. (Bacchus, Michael) |
| Filing 139 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Stephen Baron, Condor Capital Corporation, Benjamin M. Lawsky, Wells Fargo Bank, N.A..(Bettan, Richard) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/19/2014. (Bacchus, Michael) |
| Filing 138 MEMO ENDORSEMENT on re: #137 Letter filed by Benjamin M. Lawsky. ENDORSEMENT: OK - last extension (Signed by Judge Colleen McMahon on 9/12/2014) (kgo) |
| Filing 137 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated September 12, 2014 re: Request for Extension of Deadline to Submit Discovery Plan. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/11/2014. (Bacchus, Michael) |
| Filing 136 MEMO ENDORSEMENT on re: #134 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: The notice Noted (Signed by Judge Colleen McMahon on 9/8/2014) (kgo) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/8/2014. (Bacchus, Michael) |
| Filing 135 FOURTH REPORT TO THE COURT. (kgo) |
| Filing 134 LETTER addressed to Judge Colleen McMahon from Richard H. Dolan dated September 4, 2014 re: Receiver's fee request. Document filed by Stephen Baron, Condor Capital Corporation.(Dolan, Richard) |
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Filing 133
ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 8/28/2014 re: I write to your Honor regarding compensation for the performance of my duties pursuant to the Preliminary Injunction and Order Appointing Receiver. ENDORSEMENT: Approved (Signed by Judge Colleen McMahon on 9/2/2014) (kgo)
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| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/2/2014. (Bacchus, Michael) |
| Filing 132 MEMO ENDORSEMENT on re: #131 Letter filed by Benjamin M. Lawsky. ENDORSEMENT: Extension granted. (Signed by Judge Colleen McMahon on 8/28/2014) (tn) |
| Filing 131 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated August 28, 2014 re: Request for Extension of Deadline to Submit Discovery Plan. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
| Filing 130 NOTICE OF INTERLOCUTORY APPEAL from #123 Order on Motion for Miscellaneous Relief,,. Document filed by Stephen Baron, Condor Capital Corporation. Filing fee $ 505.00, receipt number 0208-10032130. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A - Decision And Order Of The Hon. Collen McMahon Dated And Entered August 1, 2014)(Campbell, Leah) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #130 Notice of Interlocutory Appeal, filed by Condor Capital Corporation, Stephen Baron were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #130 Notice of Interlocutory Appeal,. (nd) |
| Filing 129 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor, dated 8/13/2014, re: pay rent to Baron. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 8/18/2014) (ja) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 8/14/2014. (Bacchus, Michael) |
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Filing 128
ORDER granting #127 Letter Motion for Extension of Time. Extension granted. (Signed by Judge Colleen McMahon on 8/12/2014) (ja)
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| Filing 127 LETTER MOTION for Extension of Time To Submit Discovery Plan, addressed to Judge Colleen McMahon from Leah Mary Campbell dated August 11, 2014. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/31/2014 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 125 TRANSCRIPT of Proceedings re: ARGUMENT held on 7/31/2014 before Judge Colleen McMahon. Court Reporter/Transcriber: Karen Gorlaski, (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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/10/2014.(McGuirk, Kelly) |
| Filing 124 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 8/7/2014. (Bacchus, Michael) |
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Filing 123
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION TO MODIFY THE PRELIMINARY INJUNCTION ORDER AND TO REDUCE THE RECEIVER'S FEES denying #106 Motion. For the foregoing reasons, Defendants' motion to modify the preliminary injunction and to reduce the Receiver's fees is denied. The Clerk of the Court is directed to remove Docket No. 106 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 8/1/2014) Copies Sent By ECF By Chambers. (cd)
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Filing 122
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Colleen McMahon on 7/31/2014) (ja)
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| Minute Entry for proceedings held before Judge Colleen McMahon: Hearing held on 7/31/2014. Decision: Conference held. See transcript for details.(Submitted by Zachary Vaughan). (Court Reporter Karen Gorlaski). (mde) |
| Filing 121 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated July 30, 2014 re: Response to Intervenor Wells Fargo's Letter Dated July 21, 2014. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
| Filing 120 AFFIDAVIT of Thomas M. Romanowski in Opposition re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver .. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A to Affidavit in Opposition)(Cogan, Harris) |
| Filing 119 MEMORANDUM OF LAW in Opposition re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver . . Document filed by Wells Fargo Bank, N.A.. (Cogan, Harris) |
| Filing 118 DECLARATION of Nancy I. Ruskin in Opposition re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver .. Document filed by Benjamin M. Lawsky. (Bettan, Richard) |
| Filing 117 MEMORANDUM OF LAW in Opposition re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver . . Document filed by Benjamin M. Lawsky. (Bettan, Richard) |
| Filing 116 RESPONSE to Motion re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver . (ajs) |
| Filing 115 ANSWER to #89 Intervenor Complaint. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
| Filing 114 ANSWER to #89 Intervenor Complaint. Document filed by Stephen Baron, Condor Capital Corporation.(Groothuis, Erik) |
| Filing 113 LETTER addressed to All Counsel in Lawsky v. Condor Capital Corp., from Judge Colleen McMahon, dated 7/24/2014, re: Defendant's motion to modify the preliminary injunction order and to reduce the Receiver's fees. Responses due by 10:00 a.m. on Wednesday, July 30. The hearing on this motion rescheduled for Thursday, July 31, 2014 at 10:00 a.m. in Courtroom 17C. (ja) |
| Filing 112 ENDORSED LETTER addressed to Judge Colleen McMahon from Jeffrey M. Eilender, dated 7/23/2014, re: matters related to Intervenor Wells Fargo Bank, N.A. ("Wells") in the above-referenced action. I write in response to the letter submitted on July 21 by counsel to Wells and in advance of the conference scheduled for July 25... Condor submits that it is premature for the Court to take the drastic step Wells urges. ENDORSEMENT: Conference re-scheduled to Friday, 8/1/2014 at 10:00 a.m. (Status Conference set for 8/1/2014 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 7/24/2014) (ja) |
| Set/Reset Deadlines as to #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver. Responses due by 7/30/2014. Motion Hearing set for 7/31/2014 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (ja) |
| Filing 111 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated July 23, 2014 re: Request For Oral Argument On Motion To Modify The Preliminary Injunction And Order Appointing Receiver. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Filing 110 MEMORANDUM OF LAW in Support re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver . . Document filed by Stephen Baron, Condor Capital Corporation. (Campbell, Leah) |
| Filing 109 AFFIDAVIT of Stephen Baron in Support re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver .. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Campbell, Leah) |
| Filing 108 AFFIDAVIT of Todd Baron in Support re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver .. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Campbell, Leah) |
| Filing 107 DECLARATION of Leah Mary Campbell in Support re: #106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver .. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit 1)(Campbell, Leah) |
| Filing 106 MOTION To Modify The Preliminary Injunction And Order Appointing Receiver . Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Filing 105 MEMO ENDORSEMENT on re: #102 Letter filed by Benjamin M. Lawsky. ENDORSEMENT: The case MUST be conferenced on or before August 1. I will be on vacation August 9-Sept 1. (Signed by Judge Colleen McMahon on 7/23/2014) (tn) |
| Filing 104 LETTER addressed to Judge Colleen McMahon from Jeffrey M. Eilender dated July 23, 2014 re: Lawsky v. Condor Capital Corp, et al SDNY 14-CV-2863. Document filed by Stephen Baron, Condor Capital Corporation.(Groothuis, Erik) |
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Filing 103
STIPULATION AND ORDER: The effective date of the Termination shall be stayed until November 3, 2014 and the Citibank Accounts shall remain open until November 3, 2014, at which time the Termination shall be effective and the Accounts shall be closed unless Citibank consents to a further extension or upon motion of DFS or the Receiver, on notice to Citibank, the Court shall extend such date, subject to the terms and fee schedules of the Agreement and any and all other applicable account agreements, and as further set forth in this order. (Signed by Judge Colleen McMahon on 7/22/2014) (tn)
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| Filing 102 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated July 22, 2014 re: Scheduling Conflict for July 25 Conference. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
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Filing 101
ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor, dated 7/21/2014 re: compensation for the performance of my duties pursuant to the Preliminary Injunction and Order Appointing Receiver entered on May 13, 2014, Paragraph 14 of that Order as set forth herein. ENDORSEMENT: Any comments due by 7/30/2014 at the Court will approve. (Signed by Judge Colleen McMahon on 7/22/2014) (ja)
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| Filing 100 MEMO ENDORSEMENT on re: #99 Letter filed by Wells Fargo Bank, N.A. ENDORSEMENT: Conference (in-person) scheduled for Friday, 7/25/2014 @ 1:15 a.m. (Status Conference set for 7/25/2014 at 11:15 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 7/22/2014) (ja) |
| Filing 99 LETTER addressed to Judge Colleen McMahon from Harris N. Cogan dated 7/21/14 Document filed by Wells Fargo Bank, N.A..(Cogan, Harris) |
| Filing 98 THIRD REPORT TO THE COURT. (tn) (Main Document 98 replaced on 7/16/2014) (tn). |
| Filing 97 MEMO ENDORSEMENT on re: #96 Letter filed by Benjamin M. Lawsky, Benjamin M. Lawsky answer due 7/25/2014. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 7/14/2014) (ja) |
| Filing 96 LETTER addressed to Judge Colleen McMahon from Richard J. Bettan dated July 11, 2014 re: Extension of Time for Plaintiff's Response to Wells Fargo's Intervenor Complaint. Document filed by Benjamin M. Lawsky.(Bettan, Richard) |
| Filing 95 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the respective counsel for Intervenor Wells Fargo Bank, N.A. and Defendant Condor Capital, as follows: 1. The time for Defendant Condor Capital Corporation to answer or otherwise move with respect to the Intervention Complaint filed in this action on June 20, 2014 shall be extended up to, and including, July 25, 2014. 2. This stipulation may be signed in counterparts. Signatures transmitted by facsimile or e-mail attachment shall be deemed to be originals., Condor Capital Corporation answer due 7/25/2014. (Signed by Judge Colleen McMahon on 7/10/2014) (lmb) |
| Filing 94 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor, dated 7/9/2014, re: My practice for distributing my first two reports to the Court has been to fax each 20-day report to your chambers... My third report is due this Monday (July 14, 2014). ENDORSEMENT: We will continue as we have been doing. (Signed by Judge Colleen McMahon on 7/9/2014) (ja) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Erik Scott Groothuis to E-MAIL Document No. #93 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 93 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Extension of Time to File Answer re: #2 Complaint addressed to Judge Colleen McMahon from Erik Groothuis dated 7/9/2014. Document filed by Condor Capital Corporation.(Groothuis, Erik) Modified on 7/10/2014 (db). |
| Filing 92 ENDORSED LETTER addressed to Judge Colleen McMahon from Denis O'Connor dated 6/26/2014 re: Accordingly, please find attached my invoice for professional services rendered through June 14, 2014. ENDORSEMENT: Any objection to the Receiver's bill - which looks reasonable to me - must be filed by July 3, 2014, or I will approve it for payment. (Signed by Judge Colleen McMahon on 6/27/2014) (tn) |
| Filing 91 SECOND REPORT TO THE COURT. (tn) |
| Filing 90 EXHIBIT TO PLEADING re: #89 Intervenor Complaint,. Document filed by Wells Fargo Bank, N.A..(Gitlitz Courtney, Michelle) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT INTERVENOR COMPLAINT. Notice to Attorney Michelle Gitlitz Courtney RE: Document No. #89 Intervenor Complaint,. The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15 (a)(1)(A)(B)(2). File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave. You must provide courts leave or statute giving you leave to file intervenor complaint. (mqu) |
| Filing 89 INTERVENOR COMPLAINT against Condor Capital Corporation.Document filed by Wells Fargo Bank, N.A..(Gitlitz Courtney, Michelle) |
| Filing 88 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/10/14 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) |
| Filing 87 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/10/2014 before Judge Colleen McMahon. Court Reporter/Transcriber: Rose Prater, (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 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/19/2014.(Rodriguez, Somari) |
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Filing 86
ORDER FOR ADMISSION PRO HAC VICE granting #84 Motion for Regina Stango Kelbon to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 6/16/2014) (ja)
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| Filing 85 NOTICE OF APPEARANCE by Jeffrey M. Eilender on behalf of Stephen Baron, Condor Capital Corporation. (Eilender, Jeffrey) |
| Filing 84 AMENDED MOTION for Regina Stango Kelbon to Appear Pro Hac Vice (Corrected Motion with Certificate of Good Standing from the Supreme Court of Delaware). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order for Pro Hac Vice Admission of Regina Stango Kelbon)(Kelbon, Regina) |
| Filing 83 NOTICE OF APPEARANCE by Erik Scott Groothuis on behalf of Stephen Baron, Condor Capital Corporation. (Groothuis, Erik) |
| Filing 82 LETTER addressed to Judge Colleen McMahon, from Denis O'Connor, dated 6/9/2014 re: my response to Defendants' Motion to Modify the Preliminary Injunction Order submitted on June 4, 2014. For the reasons set forth herein, I believe it is premature to convert the Receiver to a Monitor. (ja) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #84 AMENDED MOTION for Regina Stango Kelbon to Appear Pro Hac Vice (Corrected Motion with Certificate of Good Standing from the Supreme Court of Delaware). Motion and supporting papers to be reviewed by Clerk's Office staff.>/. The document has been reviewed and there are no deficiencies. (wb) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Pretrial Conference held on 6/10/2014. Decision: Conference held. Defendants motion to modify the preliminary injunction and order appointing receiver (Docket No. 75) is denied in its entirety. See transcript for details.(Submitted by Zachary Vaughan). (Court Reporter Rose Prater). (mde) |
| Filing 81 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Regina Stango Kelbon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9760059. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order for Pro Hac Vice)(Kelbon, Regina) Modified on 6/9/2014 (sdi). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #81 MOTION for Regina Stango Kelbon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9760059. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Missing Certificate of Good Standing from the Supreme Court of Delaware with the Clerk of Court's 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. (sdi) |
| Filing 80 CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a Pre-trial Conference to Tuesday, June 10, 2014 at 10:00 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, New York 10007. (Pretrial Conference set for 6/10/2014 at 10:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 6/6/2014) (ja) |
| Filing 79 LETTER addressed to Judge Colleen McMahon from Harris N. Cogan dated 6/5/14 re: Regarding the June 2, 2014 Report of the Court-Appointed Receiver and Condor's Motion to Modify the Preliminary Injunction Order.. Document filed by Wells Fargo Bank, N.A..(Cogan, Harris) |
| Filing 78 MEMORANDUM OF LAW in Support re: #75 MOTION to Amend/Correct -- Modify The Preliminary Injunction And Order Appointing Receiver Entered Against Defendants,. . Document filed by Stephen Baron, Condor Capital Corporation. (Campbell, Leah) |
| Filing 77 AFFIDAVIT of Todd Baron in Support re: #75 MOTION to Amend/Correct -- Modify The Preliminary Injunction And Order Appointing Receiver Entered Against Defendants,.. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Campbell, Leah) |
| Filing 76 DECLARATION of Leah M. Campbell in Support re: #75 MOTION to Amend/Correct -- Modify The Preliminary Injunction And Order Appointing Receiver Entered Against Defendants,.. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Campbell, Leah) |
| Filing 75 MOTION to Amend/Correct -- Modify The Preliminary Injunction And Order Appointing Receiver Entered Against Defendants,. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Filing 74 FIRST REPORT TO THE COURT. (tn) |
| Filing 73 NOTICE OF CHANGE OF ADDRESS by Richard Jason Bettan on behalf of Benjamin M. Lawsky. New Address: Schindler Cohen & Hochman LLP, 100 Wall St., 15th Floor, New York, NY, 10005, (212) 277-6300. (Bettan, Richard) |
| Filing 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/12/14 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) |
| Filing 71 TRANSCRIPT of Proceedings re: HEARING held on 5/12/2014 before Judge Colleen McMahon. Court Reporter/Transcriber: Paula Speer, (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 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari) |
| Filing 70 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A..(Gitlitz Courtney, Michelle) |
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Filing 69
ENDORSED LETTER addressed to Judge Colleen McMahon, from Denis O'Connor, dated 5/20/2014, re: the Preliminary Injunction and Order Appointing Receiver entered on May 13, 2014 and reference paragraph 9(n)... I request your Honor's approval to proceed using the 20 day/June 2, 2014 calendar count/due date. ENDORSEMENT: You are correct - I neglected to change my draft on the issue date. (Signed by Judge Colleen McMahon on 5/20/2014) (ja)
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| Filing 68 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Condor Capital Corporation.(Campbell, Leah) |
| Filing 67 ANSWER to #2 Complaint with JURY DEMAND. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
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Filing 66
MEMORANDUM DECISION AND ORDER (1) GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AND FOR APPOINTMENT OF A RECEIVER AND (2) GRANTING WELLS FARGO'S MOTION TO INTERVENE: On May 12, 2014, the Court held a show cause hearing on (1) the Superintendent's motion for a preliminary injunction and for appointment of a receiver, and (2) a motion to intervene filed by Wells Fargo, N.A., as agent for a consortium of Condor's secured lenders (the "Lenders"). After hearing evidence, the Court this morning granted the Superintendent's motion for a preliminary injunction and appointment of a receiver, and entered an order to that effect. (ECF No. 64). This Memorandum Decision and Order explains in greater depth the Court's reasons for granting the Superintendent's motion, and grants Wells Fargo's motion to intervene.... It is imperative that the Receiver take over Condor's operation immediately. The preliminary injunction specifically permits the Receiver, in his discretion, to restart Condor's loan origination business. In the order, I have given the Receiver 20 days to assess whether the company can restart loan origination and report back to the Court. I have also ordered the Receiver to file general progress reports in 20 days, 40 days, and 60 days. The Receiver should understand that getting the company back into operating mode is more important to this Court than taking the time to understand every nuance of its financial picture. Mr. Baron was right about one thing: this is a simple business. You lend money, you collect on the loans. In order to continue in business, Condor needs to lend money and collect on loans. If the company has indeed laid off everyone who is capable of lending money, that is Mr. Baron's misfortune; I hope he was mistaken. (Signed by Judge Colleen McMahon on 5/13/2014) (ja)
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Filing 65
NOTICE AND ORDER FOR SUBSTITUTION OF COUNSEL: that the undersigned hereby consent to the substitution of Schindler Cohen & Hochman LLP as attorneys for Plaintiff Benjamin M. Lawsky, Superintendent of Financial Services of the State of New York, in the above-captioned action, in place and instead of Friedman Kaplan Seiler & Adelman LLP. Attorney Eric Corngold; Anne Elizabeth Beaumont and Christopher Mario Colorado terminated. (Signed by Judge Colleen McMahon on 5/13/2014 nunc pro tunc to 5/10/2014) (tn)
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Filing 64
PRELIMINARY INJUNCTION AND ORDER APPOINTING RECEIVER: The Court held a show cause hearing on May 12, 2014 and, having considered all of the arguments, evidence, and pleadings filed in this matter, the Court now finds as follows: The Superintendent has made a sufficient and proper showing in support of the relief granted herein, as required by Fed. R. Civ. P. 65 and the applicable law by establishing a strong likelihood that the Superintendent will prevail at trial on the merits of each of the claims in the Complaint and that Defendants have engaged in and, unless restrained and enjoined by order of this Court, will engage in acts, practices and courses of business constituting violations as set forth herein. The Superintendent has made a sufficient and proper showing that good cause exists for (a) the appointment of a Receiver over Defendant Condor; (b) the freezing of Defendants' assets; and (c) the ancillary relief ordered herein. Now, Therefore, the Court orders as follows: All relief granted in the TRO entered on April 23, 2014, including, but not limited to, the prohibition of violations of law, the cessation of new loan business, mandatory website disclosures, and the freezing of Defendants' assets, is hereby extended and continued in force pending determination of the Superintendent's application for a permanent injunction and other relief, subject to the terms of this Order. Appointment and Powers of Receiver: Denis O'Connor is hereby appointed as Receiver of Condor with the full power of an equity receiver as set forth herein. (Page 6): "including without limitation re-stating the corporation's ability to make loans;" "an assessment of whether the corporation can/should begin new loan origination MUST BE COMPLETED and reported to this court within 20 calendar days of the entry of this order, which is to say, by May 28, 2014;" (Page 8): (11a) "It is a condition of the appointment of the Receiver that he continue to make timely payment of all amounts periodically due and owing under a certain Loan Agreement referred to in Roanowski's Affidavit the Receiver may not, without further order of this court, allow the loan, herein referenced to become past due;" (Page 11): "twenty", "his best assessment at the time of", "The Receiver shall update his report at 40 and then at 60 calendar days from the date of this order;" (Page 13): "This includes, without limitation, any action that maybe brought under the loan agreement to realize on any event of default that may have heretofore occurred. Notwithstanding the foregoing, if the payments due on the loans referenced in paragraph 11(a) are not timely made by the Receiver Wells Fargo may apply for a lifting of the stay and the Court has not authorized the Receiver to cease making such payments". IT IS FURTHER ORDERED that: Defendants shall immediately provide a copy of this Order to each affiliate, subsidiary, division, sales entity, successor, assign, officer, director, employee and as further set forth herein. SO ORDERED. (Signed by Judge Colleen McMahon on 5/13/2014) (ja) Modified on 5/14/2014 (ja). (Additional attachment(s) added on 5/15/2014: #1 order) (mde).
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| Filing 63 LETTER addressed to All Counsel in Lawsky v. Condor Capital Corp., from Judge Colleen McMahon, dated 5/13/2014 re: Preliminary Injunction. (ja) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Preliminary injunction hearing held on 5/12/2014. Decision: Preliminary injunction hearing held. See transcript for details. (Submitted by Zachary Vaughan). (Court Reporter Paula Speer). (mde) |
| Filing 62 LETTER addressed to Judge Colleen McMahon from Condor Capital Corporation and Stephen Baron dated 5/12/14 re: Proposed Modification of the Preliminary Injunction If Granted. Document filed by Stephen Baron, Condor Capital Corporation.(Rosensaft, Michael) |
| Filing 61 LETTER addressed to Judge Colleen McMahon from Harris N. Cogan dated 5/12/14 re: Wells Fargo Bank's Proposed Additional Paragraphs for any Order Appointing a Receiver. Document filed by Wells Fargo Bank, N.A..(Cogan, Harris) |
| Filing 60 DECLARATION of Joy Feigenbaum re: #57 Letter, #59 Memorandum of Law in Opposition . Document filed by Benjamin M. Lawsky. (Attachments: #1 Exhibit A)(Melnick, Andrew) |
| Filing 59 MEMORANDUM OF LAW in Opposition re: #28 Order to Show Cause,,, Memorandum of Law in Opposition to Wells Fargo Bank, N.A.'s Motion to Intervene. Document filed by Benjamin M. Lawsky. (Melnick, Andrew) |
| Filing 58 DECLARATION of Denis O'Connor re: #57 Letter . Document filed by Benjamin M. Lawsky. (Attachments: #1 Exhibit A)(Melnick, Andrew) |
| Filing 57 LETTER addressed to Judge Colleen McMahon from Andrew J. Melnick dated May 10, 2014 re: Response to May 6, 2014 Order. Document filed by Benjamin M. Lawsky.(Melnick, Andrew) |
| Filing 56 NOTICE OF APPEARANCE by Richard Jason Bettan on behalf of Benjamin M. Lawsky. (Bettan, Richard) |
| Filing 55 NOTICE OF APPEARANCE by Matthew Alan Katz on behalf of Benjamin M. Lawsky. (Katz, Matthew) |
| Filing 54 NOTICE OF APPEARANCE by Andrew J. Melnick on behalf of Benjamin M. Lawsky. (Melnick, Andrew) |
| Filing 53 NOTICE OF APPEARANCE by Jonathan Lee Hochman on behalf of Benjamin M. Lawsky. (Hochman, Jonathan) |
| Filing 52 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Citibank, N.A.. (Glickman, Barry) |
| Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 52)NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of TD Bank, N.A.. (Glickman, Barry) Modified on 5/15/2014 (kj). |
| Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/25/14 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) |
| Filing 49 TRANSCRIPT of Proceedings re: ARGUMENT held on 4/25/2014 before Judge Kimba M. Wood. 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 6/2/2014. Redacted Transcript Deadline set for 6/12/2014. Release of Transcript Restriction set for 8/11/2014.(Rodriguez, Somari) |
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Filing 48
ORDER TO SHOW CAUSE: that Defendants Condor Capital Corporation and Stephen Baron show cause before this Court in Courtroom 14C, United States Courthouse, 500 Pearl Street, New York, NY, on May 12, 2014, at 10:00 AM, why they should not be held in civil contempt of this Court's Temporary Restraining Order, and it is further ORDERED that Stephen Baron show cause why he should not be incarcerated until such time as he causes Condor to cease operations in Florida. Defendant Stephen Baron shall personally appear at the May 12 hearing or he shall be held in contempt. (Show Cause Hearing set for 5/12/2014 at 10:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 4/30/2014) (tn)
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| Filing 47 MEMO ENDORSEMENT on re: #43 Letter filed by Condor Capital Corporation, Stephen Baron. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 5/8/2014) (mro) |
| Filing 46 MEMO ENDORSEMENT denying #41 Motion for Leave to File Document. ENDORSEMENT: Denied. I do not permit surreplies. You can make these arguments at the hearing on Monday. (Signed by Judge Colleen McMahon on 5/8/2014) (mro) |
| Filing 45 LETTER addressed to Judge Colleen McMahon from Harris N. Cogan dated 5/8/14 re: Intervenor Wells Fargo Bank, N.A.'s Position Regarding the Effect of the Proposed Preliminary Injunctive Relief. Document filed by Wells Fargo Bank, N.A..(Cogan, Harris) |
| Filing 44 RESPONSE TO LETTER FROM FRIEDMAN KAPLAN DATED 517/2014: I will amend yesterday's order to the following extent: I will take papers from WellsFargo on the subjects of interest to me concerning the Lenders and their interests tomorrow, as originally ordered; the Superintendent had better be prepared to address those issues, orally and (preferably) in writing at the hearing next Monday morning. I have another preliminary injunction hearing the same day, also with a TRO in place, and I have two trials in quicksuccession thereafter. I simply do not have time on my calendar to schedule a "modification" hearing, as proposed by Friedman Kaplan, in order to accommodate a more leisurely solution to the conflicts crisis. And in any event, I do not think it is a good idea to fashion an injunction (if one is to be fashioned) on a piecemeal basis. (ft) |
| Filing 43 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated May 7, 2014 re: Further Modification Of The April 23, 2014 Temporary Restraining Order. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Filing 42 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated May 7, 2014 re: Response To The May 7, 2014 Letter Submitted By Counsel For Plaintiff. Document filed by Stephen Baron, Condor Capital Corporation.(Campbell, Leah) |
| Filing 41 MOTION for Leave to File Surreply to Plaintiff's Motion for Preliminary Injunction. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Appendix A)(Rosensaft, Michael) |
| Filing 40 LETTER MOTION for Extension of Time to File Response/Reply as to #28 Order to Show Cause,,, (Corrected) addressed to Judge Colleen McMahon from Anne E. Beaumont dated May 7, 2014. Document filed by Benjamin M. Lawsky.(Beaumont, Anne) |
| Filing 39 LETTER MOTION for Extension of Time to File Response/Reply as to #28 Order to Show Cause,,, addressed to Judge Colleen McMahon from Anne E. Beaumont dated May 7, 2014. Document filed by Benjamin M. Lawsky.(Beaumont, Anne) |
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Filing 38
ORDER CONDITIONALLY GRANTING EMERGENCY MOTION BY WELLS FARGO BANK N.A. FOR LEAVE TO INTERVENE AS OF RIGHT OR BY PERMISSION: While there has not yet been any response to the emergency motion filed last Friday by Wells Fargo Bank. N.A. on behalf of Defendant Condor Capital Corporations' lenders for leave to intervene -- either as of right or by permission of the court -- I cannot imagine a single argument that would dissuade this court from denying Wells Fargo's motion on either theory. In view of the pendency of the preliminary injunction hearing, the motion is granted conditionally. If either plaintiff or defendants object to the lenders' appearance in this action, they should explain why the conditional grant of the motion ought to be reversed... Accordingly, both Wells Fargo and the Superintendent need to file papers by 5 PM this Thursday, May 8, explaining their positions vis a vis each other... The caption of this case is hereby amended to read as stated herein. The Clerk of the Court shall add Wells Fargo as a party, and Blank Rome LLP (Harris N. Cogan and Michelle Gitlitz Courtney, of counsel), to the docket. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 5/6/2014) Copies Sent By Chambers. (ja)
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| Filing 37 AFFIDAVIT OF SERVICE of Supporting Papers to Order to Show Cause to Intervene and Order to Show Cause served on All Appearing Counsel for the Parties on 5/2/14. Service was made by ECF Notification. Document filed by Wells Fargo Bank, N.A.. (Cogan, Harris) |
| Filing 36 DECLARATION of Steven Lord in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 35 DECLARATION of Brian Montgomery in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,, Plaintiff's Reply Memorandum of Law in Further Support of the Motion for Preliminary Injunction. Document filed by Benjamin M. Lawsky. (Attachments: #1 Appendix of Unpublished Authority Cited in Plaintiff's Memorandum of Law)(Beaumont, Anne) |
| Filing 32 NOTICE OF APPEARANCE by Michelle Gitlitz Courtney on behalf of Wells Fargo Bank, N.A.. (Gitlitz Courtney, Michelle) |
| Filing 31 AFFIDAVIT of Thomas M. Romanowski in Support re: #28 Order to Show Cause,,,. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, Part 1 to Romanowski Affidavit, #2 Exhibit A, Part 2 to Romanowski Affidavit, #3 Exhibit B to Romanowski Affidavit, #4 Exhibit C to Romanowski Affidavit, #5 Exhibit D to Romanowski Affidavit, #6 Exhibit E to Romanowski Affidavit, #7 Exhibit F to Romanowski Affidavit, #8 Exhibit G to Romanowski Affidavit, #9 Exhibit H to Romanowski Affidavit, #10 Exhibit I to Romanowski Affidavit, #11 Exhibit J to Romanowski Affidavit, #12 Exhibit K to Romanowski Affidavit, #13 Exhibit L to Romanowski Affidavit, #14 Exhibit M to Romanowski Affidavit, #15 Exhibit N to Romanowski Affidavit, #16 Exhibit O to Romanowski Affidavit, #17 Exhibit P to Romanowski Affidavit)(Cogan, Harris) |
| Filing 30 AFFIDAVIT of Harris N. Cogan in Support re: #28 Order to Show Cause,,,. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A to Cogan Affidavit, #2 Exhibit B to Cogan Affidavit)(Cogan, Harris) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 Order to Show Cause,,, . Document filed by Wells Fargo Bank, N.A.. (Cogan, Harris) |
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Filing 28
ORDER TO SHOW CAUSE: Above-named Plaintiff and Defendants shall show cause as to why an order should not be issued pursuant to Rule 24 of the Federal Rules of Civil Procedure permitting Wells Fargo Bank, N.A. to intervene in the above-captioned matter. ORDERED that opposition papers, if any, be filed no later than 5/7/14, no later than 5:00 p.m. Ordered that personal service of a copy of this order and the annexed affidavits upon the plaintiff's and defendant's respective counsel on or before 5:00 o'clock p.m. on May 2, 2014 by e-filing. Show Cause Hearing set for 5/12/2014 at 10:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Show Cause Response due by 5/7/2014. (Signed by Judge Loretta A. Preska, Part One, on 5/2/2014) (ajs)
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| Filing 27 NOTICE OF APPEARANCE by Harris N. Cogan on behalf of Wells Fargo Bank, N.A.. (Cogan, Harris) |
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Filing 26
ORDER DENYING FURTHER MODIFICATION OF TRO re: #22 Letter filed by Benjamin M. Lawsky, #19 Memorandum of Law in Opposition filed by Condor Capital Corporation, Stephen Baron, #20 Letter, filed by Condor Capital Corporation, Stephen Baron. The TRO will remain in place as it stands until the hearing on May 12, 2014. (Signed by Judge Colleen McMahon on 4/30/2014) (ajs)
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| Filing 25 NOTICE OF CHANGE OF ADDRESS by Nancy I. Ruskin on behalf of Benjamin M. Lawsky. New Address: New York Department of Financial Services, One State Street, New York, New York, 10004-1511, 212-709-3500. (Ruskin, Nancy) |
| Filing 24 LETTER addressed to Judge Colleen McMahon from Anne E. Beaumont dated April 30, 2014 Document filed by Benjamin M. Lawsky.(Beaumont, Anne) |
| Filing 23 ENDORSED LETTER addressed to Judge Colleen McMahon from Harris N. Cogan dated 4/28/2014 re: Counsel to Wells Fargo is considering making a motion to intervene in the action pursuant to F.R.C.P. 24. ENDORSEMENT: Noted - counsel were told that if Wells Fargo wants to be heard it must move to intervene - otherwise I will not hear from a non-party. (Signed by Judge Colleen McMahon on 4/29/2014) (tn) |
| Filing 22 LETTER addressed to Judge Colleen McMahon from Anne E. Beaumont dated April 29, 2014 Document filed by Benjamin M. Lawsky.(Beaumont, Anne) |
| Filing 21 NOTICE OF APPEARANCE by Michael Max Rosensaft on behalf of Stephen Baron, Condor Capital Corporation. (Rosensaft, Michael) |
| Filing 20 LETTER addressed to Judge Colleen McMahon from Leah Mary Campbell dated April 29, 2014 re: Guidance With Respect To Operational Matters That May Arise In Connection With The April 23, 2014 Temporary Restraining Order. Document filed by Stephen Baron, Condor Capital Corporation. Document filed by Stephen Baron, Condor Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Leah) |
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Filing 33
ORDER: On consent of the parties, the Temporary Restraining Order issued in this case is extended until Monday, May 12, 2014, at 10:00 AM, at which time the Court will hear oral argument on the proposed preliminary injunction. Defendants shall file answering papers with the Court (with courtesy copies hand delivered to Chambers) and serve the same on counsel for Plaintiff no later than 5:00 PM on Thursday, May 1, 2014. Plaintiff may file responsive or supplemental materials with the Court (with courtesy copies hand delivered to Chambers) and serve the same on counsel for Defendants no later than 3:00 PM on Monday, May 5, 2014. (Signed by Judge Colleen McMahon on 4/28/2014) (ja) Modified on 5/7/2014 (ja).
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| Filing 19 MEMORANDUM OF LAW in Opposition re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,, . Document filed by Stephen Baron, Condor Capital Corporation. (Campbell, Leah) |
| Filing 18 AFFIDAVIT of Todd Baron in Opposition re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Stephen Baron, Condor Capital Corporation. (Campbell, Leah) |
| Filing 17 NOTICE OF APPEARANCE by Leah Mary Campbell on behalf of Stephen Baron, Condor Capital Corporation. (Campbell, Leah) |
| Filing 16 CERTIFICATE OF SERVICE of Ex Parte Temporary Restraining Order, Order to Show Cause for Preliminary Injunction and supporting papers served on Stephen Baron on 4/23/14. Service was accepted by Todd Baron. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 15 CERTIFICATE OF SERVICE of Ex Parte Temporary Restraining Order, Order to Show Cause for Preliminary Injunction and supporting papers served on Condor Capital Corp. on 4/23/14. Service was accepted by Todd Baron. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 14 CERTIFICATE OF SERVICE of Summons and Complaint. Stephen Baron served on 4/23/2014, answer due 5/14/2014. Service was accepted by Todd Baron on behalf of Stephen Baron. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 13 CERTIFICATE OF SERVICE of Summons and Complaint. Condor Capital Corporation served on 4/23/2014, answer due 5/14/2014. Service was accepted by Todd Baron, Vice President. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
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Filing 12
ORDER: Having heard argument by counsel for the parties this evening concerning whether the Temporary Restraining Order, issued on April 23, 2014, should be modified as requested by Defendants, the Court modifies the TRO as reflected in the attached "Modification to Temporary Restraining Order" for the reasons started on the record after argument. The parties shall order a copy of the transcript of today's argument, and supply a copy to Judge McMahon's chambers by 4 p.m. on Monday, April, 28, 2014. (Signed by Judge Kimba M. Wood, Part One, on 4/25/2014) (ajs) Modified on 4/30/2014 (ajs).
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| Filing 11 DECLARATION of J. Terence Smith in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit B)(Beaumont, Anne) |
| Filing 10 DECLARATION of Wendell Falby in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 9 DECLARATION of Madaline Martinez in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 8 DECLARATION of Don H. Thompson in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 7 DECLARATION of Brian Montgomery in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 6 DECLARATION of Anne E. Beaumont in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Benjamin M. Lawsky. (Beaumont, Anne) |
| Filing 3 NOTICE OF APPEARANCE by Nancy I. Ruskin on behalf of Benjamin M. Lawsky. (Ruskin, Nancy) |
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Filing 4
[EX PARTE] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Defendants shall show cause as to why this Court should not enter a Preliminary Injunction and other preliminary relief against Defendants pursuant to Rule 65 of the Federal Rules of Civil Procedure. Service of this Order, the Summons and Complaint, and the Superintendent's moving papers must be made by hand by 5:00 p.m. April 23, 2014. Defendants shall file any answering affidavits, pleadings, or legal memoranda with the Court and serve the same on counsel for the Superintendent no later than Friday, April 25, 2014, by 3:00 p.m., and a Courtesy Copy delivered by hand to Chambers. The Superintendent may file responsive or supplemental pleadings, materials, affidavits, or memoranda with the Court and serve the same on counsel for the Defendants no later than Monday April 28, 2014, by 10:00 a.m., with a courtesy copy delivered by hand to Chambers. If Defendants wish to be heard on any motion to vacate the temporary restraining order, they may so move at any time. IT IS HEREBY ORDERED as set forth within. (Show Cause Hearing set for 4/29/2014 at 10:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Replies due by 4/28/2014.) Show Cause Response due by 4/25/2014. (Signed by Judge Kimba M. Wood, Part One, on 4/23/2014) (ajs)
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| Filing 2 COMPLAINT against Stephen Baron, Condor Capital Corporation. (Filing Fee $ 350.00, Receipt Number 1093149)Document filed by Benjamin M. Lawsky.(laq) |
| Filing 1 CIVIL COVER SHEET filed. (laq) |
| SUMMONS ISSUED as to Stephen Baron, Condor Capital Corporation. (laq) |
| Magistrate Judge James C. Francis IV is so designated. (laq) |
| Case Designated ECF. (laq) |
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