Obeid v. La Mack et al
Plaintiff: William T. Obeid
Defendant: Christopher La Mack, Dante Massaro, Gemini Real Estate Advisors L.L.C., Bridgeton Hotel Management, LLC, Elevation Real Estate Group, LLC, Bridgeton Acquisitions, LLC, Atit Jariwala and Bridgeton Holdings, LLC
Not Classified By Court: Ivaylo V Ninov and Western Heritable Investment Company
Case Number: 1:2014cv06498
Filed: August 14, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Sarah L Cave
Referring Judge: Colleen McMahon
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act)
Jury Demanded By: None
Docket Report

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

Date Filed Document Text
April 18, 2023 Opinion or Order Filing 956 SEALED MATERIALS DISPOSED: Document(s) 438, 453, 479, 510, 529, 612, 613, 614, 615, 616, 617, 666 AND 895 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 04/18/2023..(jus)
April 18, 2023 Opinion or Order Filing 955 SEALED MATERIALS DISPOSED: Document(s) 203 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 04/18/2023..(jus)
April 4, 2023 Opinion or Order Filing 954 SEALED MATERIALS DISPOSED: Document(s) 247, 476, 477, 530, 584, 637 AND 687 were destroyed per filing party request. The sealed record(s) were destroyed on 04/04/2023..(jus)
March 13, 2023 Opinion or Order Filing 953 SEALED MATERIALS DISPOSED: Document(s) 73, 112, 137, 141, 161, 210, 229, 232, 280, 296, 303, 306, 313, 355, 358, 360, 368, 375, 404, 478, 485, 509, 517, 542, 555, 618, 619, 620, 621, 622, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 702, 703, 706, 780, 781, 782, 798, 799, 800, 811, 812, 813, 874, 890, 897 AND 901 were destroyed per filing party request. The sealed record(s) were destroyed on 03/13/2023..(jus)
March 7, 2023 Opinion or Order Filing 952 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 438, 453, 479, 510, 529, 612, 613, 614, 615, 616, 617, 666 AND 895 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/6/2023. .(jus)
March 7, 2023 Opinion or Order Filing 951 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 247, 476, 477, 530, 584, 637 AND 687 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/6/2023. .(jus)
March 7, 2023 Opinion or Order Filing 950 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 203 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/6/2023. .(jus)
March 7, 2023 Opinion or Order Filing 949 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 73, 112, 137, 141, 161, 210, 229, 232, 280, 296, 303, 306, 313, 355, 358, 360, 368, 375, 404, 478, 485, 509, 517, 542, 555, 618, 619, 620, 621, 622, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 702, 703, 706, 780, 781, 782, 798, 799, 800, 811, 812, 813, 874, 890, 897 AND 901 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/6/2023. .(jus)
November 26, 2019 Opinion or Order Filing 948 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Paul, Joshua)
October 18, 2019 Opinion or Order Filing 947 ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within forty-five (45) days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within (45) forty-five days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same (45) day period to be "so ordered" by the Court. Per the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. (Signed by Judge Colleen McMahon on 10/18/2019) (mml)
October 18, 2019 Opinion or Order Filing 946 JOINT LETTER addressed to Judge Colleen McMahon from Alexander D. Pencu dated October 18, 2019 re: Advising the Court of Global Settlement and Requesting an Adjournment of the Remaining Pre-Trial and Trial Deadlines. Document filed by William T. Obeid.(Stocks, Remy)
October 18, 2019 Opinion or Order Filing 945 NOTICE OF CONFERENCE: I see that we already have a motion for relief from my original marching orders. I am glad that I told you to hold next Friday, October 25, in case we needed a conference. Because obviously we do. I understand that Judge Swain had you calendared for a conference next Friday at 10:30. I suggest that you show up in my courtroom (24A) instead. We can get acquainted. I can hear more about your case. I am sorry to report that my big patent-antitrust case still has not settled, and shows no sign of settling until the trial gets underway. So I very much doubt that we can start your trial on November 4. One of the advantages of a bench trial is that I will try to find a way to get it done even if I have to do it in spurts. It is to your and my advantage to get your matter resolved as soon as possible. Status Conference set for 10/25/2019 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/18/2019) (mml)
October 16, 2019 Opinion or Order Filing 944 MEMORANDUM OF LAW in Support re: #943 MOTION for relief from that portion of the Courts October 2, 2019 Notice to Counsel limiting Plaintiff to 100 trial exhibits and permitting Plaintiff to introduce up to 215 exhibits at the upcoming bench trial in this action . . Document filed by William T. Obeid. (Pencu, Alexander)
October 16, 2019 Opinion or Order Filing 943 MOTION for relief from that portion of the Courts October 2, 2019 Notice to Counsel limiting Plaintiff to 100 trial exhibits and permitting Plaintiff to introduce up to 215 exhibits at the upcoming bench trial in this action . Document filed by William T. Obeid.(Pencu, Alexander)
October 2, 2019 Opinion or Order Filing 942 NOTICE TO COUNSEL: Counsel, I have just taken over this case from Judge Swain, whose schedule in connection with the Puerto Rican PROMESA matter has made it untenable for her to continue to preside in this trial-ready case. This is a very old case. It will be handled that way. Which means, I will be conducting proceedings with an eye to getting this case off the docket as quickly as possible. I understand this is to be a bench trial. My rules for bench trials differ from Judge Swain's rules for bench trials. You should read my rules. Of particular importance, I take direct testimony from witnesses controlled by parties (including experts) by written witness statement (or expert report), to which the witness swears under oath when called to the stand, after which s/he is immediately tendered for cross examination. You have until October 28 to provide me with copies of your witness statements, and to identify any witnesses you plan to call on your case in chief who are not under your control. I do not permit counsel who tender witness statements to ask additional questions on direct, so be sure your witness statements are cover everything you want admitted on your case in chief. Try not to do silly things like ask witnesses to opine on ultimate issues; I will just ignore such efforts as further set forth in this Order. (Signed by Judge Colleen McMahon on 10/2/2019) (mml)
October 2, 2019 Opinion or Order Magistrate Judge Sarah L. Cave is so redesignated. (ad)
October 2, 2019 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah L. Cave, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Henry B. Pitman no longer referred to the case. Motions referred to Sarah L. Cave. (ad)
October 1, 2019 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Laura Taylor Swain is no longer assigned to the case. (wb)
September 27, 2019 Opinion or Order Filing 941 DECLARATION of Alexander D. Pencu in Opposition re: #865 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 940 MEMORANDUM OF LAW in Opposition re: #865 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. . Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 939 DECLARATION of Alexander D. Pencu in Opposition re: #859 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 938 MEMORANDUM OF LAW in Opposition re: #859 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. . Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 937 DECLARATION of Alexander D. Pencu in Opposition re: #849 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 936 MEMORANDUM OF LAW in Opposition re: #849 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 935 DECLARATION of Robert A. Muckenfuss in Opposition re: #868 MOTION in Limine for an Order Excluding the Rebuttal Expert Report and Testimony of Roger S. Cline.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A Transcript Excerpts)(Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 934 MEMORANDUM OF LAW in Opposition re: #868 MOTION in Limine for an Order Excluding the Rebuttal Expert Report and Testimony of Roger S. Cline. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 933 DECLARATION of Alexander D. Pencu in Opposition re: #855 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 932 MEMORANDUM OF LAW in Opposition re: #855 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. . Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 931 DECLARATION of Alexander D. Pencu in Opposition re: #862 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 930 DECLARATION of Robert A. Muckenfuss in Opposition re: #871 MOTION in Limine to Exclude Portions of the Report and Testimony of Michael C. Weil.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 Deposition Excerpts, #2 Exhibit 2 Deposition Excerpts)(Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 929 MEMORANDUM OF LAW in Opposition re: #871 MOTION in Limine to Exclude Portions of the Report and Testimony of Michael C. Weil. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 928 MEMORANDUM OF LAW in Opposition re: #862 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. . Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 927 DECLARATION of Robert A. Muckenfuss in Opposition re: #851 MOTION in Limine for an Order Precluding Individual Defendants from Introducing Any Evidence or Argument Concerning Their Alleged Damages from as a Result of Plaintiff's Alleged Computer Monitoring Activities.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 Deposition Cover Sheet, #2 Exhibit 2 Deposition Cover Sheet, #3 Exhibit 3 Deposition Cover Sheet, #4 Exhibit 4 Deposition Cover Sheet, #5 Exhibit 5 Deposition Excerpts)(Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 926 MEMORANDUM OF LAW in Opposition re: #851 MOTION in Limine for an Order Precluding Individual Defendants from Introducing Any Evidence or Argument Concerning Their Alleged Damages from as a Result of Plaintiff's Alleged Computer Monitoring Activities. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 925 DECLARATION of Robert A. Muckenfuss in Opposition re: #840 MOTION in Limine to Exclude Any Testimony at Trial by Peter S. Kaufman.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 Transcript Excerpts)(Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 924 MEMORANDUM OF LAW in Opposition re: #840 MOTION in Limine to Exclude Any Testimony at Trial by Peter S. Kaufman. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 923 DECLARATION of Elizabeth M.Z. Timmermans in Opposition re: #833 MOTION in Limine for an Order Precluding Individual Defendants from Relying on GREA Deposition Exhibit 10.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 Third Party Value Comparison, #2 Exhibit 2 Meta Data re: Exhibit #1, #3 Exhibit 3 Deposition Excerpts, #4 Exhibit 4 Transmittal Email, #5 Exhibit 5 Microsoft Spreadsheet)(Timmermans, Elizabeth)
September 27, 2019 Opinion or Order Filing 922 MEMORANDUM OF LAW in Opposition re: #833 MOTION in Limine for an Order Precluding Individual Defendants from Relying on GREA Deposition Exhibit 10. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 27, 2019 Opinion or Order Filing 921 DECLARATION of Alexander D. Pencu in Opposition to the Bridgeton Defendants' Motion in Limine No. 6 [ECF 845] to Preclude Evidence concerning the sale of the Boston Hiex and the expenses in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (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)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 920 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. (No. 6) [ECF No. 845] To Preclude Evidence concerning the sale of the Boston Hiex and the expenses. Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 919 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #920 Memorandum) - MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. (no. 6) [ECF No. 845] To Preclude Evidence concerning the sale of the Boston Hiex and the expenses. Document filed by William T. Obeid. (Pencu, Alexander) Modified on 9/30/2019 (db).
September 27, 2019 Opinion or Order Filing 918 DECLARATION of Alexander D. Pencu in Opposition to the Bridgeton defendants' April 16, 2019 Motion in Liminie No. 1 [ECF No. 837] to Exclude certain Opinions by Obeid's Expert E. Jonathan Falik in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 917 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. (No. 1) [ECF No. 837] To The Bridgeton Defendants' April 16, 2019 Motion in Liminie No. 1 to Exclude Certain Opinions by Obeid's Expert E. Jonathan Falik. Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 916 DECLARATION of Alexander D. Pencu in Opposition to the Bridgeton Defendants' Motion in Limine No. 4 to exclude portions of the Expert Report and Testimony of Embree C. Bedsole [ECF No. 842] in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 915 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. Motion in Limine No. 4 to exclude portions of the Expert Report and Testimony of Embree C. Bedsole [ECF No. 842]. Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 914 DECLARATION of Alexander D. Pencu in Opposition to Bridgeton Defendants Motion in Limine No. 7 (1) Establishing That Obeid is Foreclosed From Seeking to Recover Damages Related to the Sales of the Jade Greenwich Village Hotel and the Wyndham Garden Chelsea; and (2) to Preclude Obeid From Offering Evidence and/or Argument Related to the Jade and Wyndham [ECF No. 846] in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 913 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. Motion in Limine No. 7 (1) Establishing That Obeid is Foreclosed From Seeking to Recover Damages Related to the Sales of the Jade Greenwich Village Hotel and the Wyndham Garden Chelsea; and (2) to Preclude Obeid From Offering Evidence and/or Argument Related to the Jade and Wyndham [ECF No. 846]. Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 912 DECLARATION of Alenxander D. Pencu in Opposition to the Bridgeton Defendants Motion in Limine no. 2 to exclude the peraino/witkoff email [ECF No. 838] in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 911 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. Motion in Limine No. 2 to exclude the Peraino/Witkoff email [ECF No. 838]. Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 910 DECLARATION of Alexander D. Pencu in Opposition to the Bridgeton Defendants Motion in Limine No. 3 [ECF No. 839] to Preclude Obeid From Offering Evidence and/or Argument Related to Bridgeton's Management of the Gemini Hotels in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 909 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. (No. 3) [ECF No. 839] To Preclude Obeid From Offering Evidence and/or Argument Related to Bridgeton's Management of the Gemini Hotels. Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 908 DECLARATION of Alexander D. Pencu in Opposition re: #847 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 907 MEMORANDUM OF LAW in Opposition re: #847 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. . Document filed by William T. Obeid. (Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 906 DECLARATION of Alexander D. Pencu in Opposition to the Bridgeton Defendants' Motion in Limine No. 5 to Exclude Portions of the Expert Report and Testimony of Joseph T. Gardemal in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by William T. Obeid. (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)(Pencu, Alexander)
September 27, 2019 Opinion or Order Filing 905 MEMORANDUM OF LAW in Opposition re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. (No 5) [ECF No. 842] Exclude Portions of the Expert Report and Testimony of Joseph T. Gardemal. Document filed by William T. Obeid. (Pencu, Alexander)
September 13, 2019 Opinion or Order Filing 904 STIPULATION AND ORDER REGARDING PRE-TRIAL SUBMISSIONS. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties, subject to the approval of the Court, as follows: 1. The parties' submissions in opposition to the filed Pre-Trial Motions are to be filed on or before September 27, 2019. 2. The parties' replies in further support of the filed Pre-Trial Motions are to be filed on or before October 11, 2019. 3. Defendants will depose Bremont on October 3, 2019 in New York, New York. 4. Any pre-trial motions regarding Bremont shall be filed on or before October 23, 2019, with oppositions due within fourteen (14) days thereafter and replies, if any, within seven (7) days thereafter. If the proposed briefing schedule overlaps with subsequently scheduled trial dates, the parties will confer and coordinate with the Court regarding a schedule wherein briefing will be completed before the first day of any scheduled trial. 5. The Joint Pre-Trial Statement is to be filed on or before October 18, 2019. 6. The parties' respective Proposed Findings of Fact and Conclusions of Law are to be filed on or before October 18, 2019. 7. This stipulation may be executed in counterparts via facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one stipulation. IT IS SO ORDERED. (Motions due by 10/23/2019. Responses due by 9/27/2019. Replies due by 10/11/2019). Motions terminated: #903 JOINT LETTER MOTION for Extension of Time Request to Enter Stipulation and Proposed Order Regarding Pre-Trial Submissions addressed to Judge Laura Taylor Swain from Remy J. Stocks dated September 11, 2019 filed by William T. Obeid. (Signed by Judge Laura Taylor Swain on 9/13/2019) (rjm)
September 11, 2019 Opinion or Order Filing 903 JOINT LETTER MOTION for Extension of Time Request to Enter Stipulation and Proposed Order Regarding Pre-Trial Submissions addressed to Judge Laura Taylor Swain from Remy J. Stocks dated September 11, 2019. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order)(Stocks, Remy)
August 28, 2019 Opinion or Order Set/Reset Deadlines: Motions due by 9/23/2019. (ama)
August 28, 2019 Opinion or Order Filing 902 ORDER CONCERNING BRIEFING OF MOTIONS IN LIMINE AND SUBSTITUTION OF EXPERT WITNESS: granting #896 Letter Motion for Extension of Time. Plaintiff's requests for an extension of time and substitution of Manuel Bremont ("Bremont") for Embree C. Bedsole ("Bedsole") are granted upon the following conditions. Plaintiff may promptly make his expert disclosure concerning Bremont. Bremont may not offer opinions that are not presented in Bedsole's report or that are inconsistent with Bedsole's report. Defendants may depose Bremont, and shall be permitted to use the report authored by Bedsole to impeach Bremont. The motions in limine filed in April 2019 that are directed to Bedsole's testimony and report shall be deemed directed to Bremont's testimony and report. Defendants are also permitted to bring non-duplicative motions in limine that are directed to issues that are peculiar to Bremont's qualifications or opinions as he proposes to deliver them. The currently pending pre-trial motions, filed April 16, 2019, and located at docket entry numbers 833, 836, 840, 847, 849, 851, 855, 859, 862, 865, 868, and 871, are not yet fully briefed. Submissions in opposition to these currently pending motions must be filed by September 16, 2019, and replies in further support of these motions must be filed by September 23, 2019. Courtesy copies must be provided for Chambers. Any further pre-trial motions must be filed no later than (30) days before October 25, 2019, (i.e., September 23, 2019), in accordance with the Court's Pre-trial Scheduling Order filed August 9, 2019 (Docket Entry No. 889), and, to the extent more than one movant seeks rulings regarding the same witness or evidence, jointly to the greatest extent possible. In no event may any single party file more than one motion concerning the same witness and/or evidence connected with that witness. Any such motions must not duplicate anyother pending motions and must comply with the page limits set forth in the undersigned's Individual Practices and include a paragraph certifying, pursuant to Individual Practices Rule A.2(b), that the movant(s) used best efforts to resolve informally the matters raised in the submission. Submissions in opposition and replies in further support of any further pre-trial motions must be filed in accordance with S.D.N.Y. Local Civil Rule 6.1. Courtesy copies mustbe provided for Chambers. This order resolves docket entry number 896. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/28/2019) (ama)
August 28, 2019 Opinion or Order Set/Reset Deadlines: Motions due by 9/23/2019. Responses due by 9/16/2019 Replies due by 9/23/2019. (ama) Modified on 8/29/2019 (ama).
August 23, 2019 Opinion or Order Filing 900 ORDER: The parties are directed to submit to the Court, by email to the Court's chambers email address, text-searchable unredacted courtesy copies of docket entry numbers 896, 898, and 899, which are letters in support of and opposition to Plaintiff's pending motion for extension of time for opening expert disclosures. (Docket Entry No. 896.) This order shall not be construed to grant permission for the parties to make any future submissions to the Court by email, absent a specific request by the Court. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/23/2019) (ama)
August 23, 2019 Opinion or Order Filing 899 LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Lindsay Brandt Jakubowitz dated August 16, 2019 re: #896 LETTER MOTION for Extension of Time for Opening Expert Disclosures (redacted pursuant to ECF Doc. 894) addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated August 9, 2019. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Jakubowitz, Lindsay)
August 22, 2019 Opinion or Order Filing 901 SEALED DOCUMENT placed in vault.(mhe)
August 22, 2019 Opinion or Order Filing 898 REPLY to Response to Motion re: #896 LETTER MOTION for Extension of Time for Opening Expert Disclosures (redacted pursuant to ECF Doc. 894) addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated August 9, 2019. . Document filed by William T. Obeid. (Pencu, Alexander)
August 21, 2019 Opinion or Order Filing 897 SEALED DOCUMENT placed in vault.(mhe)
August 21, 2019 Opinion or Order Filing 896 LETTER MOTION for Extension of Time for Opening Expert Disclosures (redacted pursuant to ECF Doc. 894) addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated August 9, 2019. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pencu, Alexander)
August 19, 2019 Opinion or Order Filing 894 ORDER: Having reviewed the application, Plaintiff's request for sealed treatment is granted only to the extent that the motion and any responses provide or discuss the details of the expert's medical condition. Plaintiff is directed to file on the public docket, within 7 days of the date of this order, a version of the motion that is redacted in a manner consistent with the terms of this order. Defendants are directed to file on the public docket, within 7 days of the date of this order, a version of their letter response (Docket Entry Nos. 891, 893) that is redacted in a manner consistent with the terms of this order. Any reply must also be filed on the public docket and redacted in a manner consistent with the terms of this order. The unredacted version of each submission may be filed under seal, and unredacted courtesy copies must be served and provided for Chambers. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/19/2019) (ama)
August 16, 2019 Opinion or Order Filing 895 SEALED DOCUMENT placed in vault.(rz)
August 16, 2019 Opinion or Order Filing 893 LETTER addressed to Judge Laura Taylor Swain from Lindsay Brandt Jakubowitz dated August 16, 2019 re: Opposition of Letter Motion for Extension of Time for Opening Expert Disclosures. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Jakubowitz, Lindsay)
August 16, 2019 Opinion or Order Filing 892 NOTICE OF APPEARANCE by Lindsay Brandt Jakubowitz on behalf of Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Jakubowitz, Lindsay)
August 15, 2019 Opinion or Order Filing 891 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #893 Letter) - LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated August 15, 2019 re: Opposition of Letter Motion for Extension of Time for Opening Expert Disclosures. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert) Modified on 8/19/2019 (db).
August 9, 2019 Opinion or Order Filing 890 SEALED DOCUMENT placed in vault.(rz)
August 9, 2019 Opinion or Order Filing 889 PRE-TRIAL SCHEDULING ORDER: A Final Pretrial Conference is currently scheduled for October 25, 2019, at 10:30 a.m. in this matter. The Court hereby makes the following provisions for scheduling and trial in this matter. This Pre-Trial Scheduling Order supersedes the prior scheduling orders. The parties are directed to appear before the undersigned in Courtroom No. 17C, 500 Pearl Street, New York, NY 10007, for a final pre-trial conference on October 25, 2019, at 10:30 a.m. The purpose of the conference is to explore the possibility of settlement, to schedule the trial (which shall, the Court's calendar permitting, commence within two weeks after the conference) if necessary, to review the issues to be tried and the proof to be offered in connection therewith, and to resolve any remaining pre-trial issues. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/08/2019) (ama) Modified on 8/26/2019 (ama).
August 9, 2019 Opinion or Order Filing 888 LETTER MOTION for Extension of Time for Opening Expert Disclosures addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated August 9, 2019. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pencu, Alexander)
August 9, 2019 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 10/25/2019 at 10:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (ama)
May 22, 2019 Opinion or Order Filing 887 MEMORANDUM ORDER: denying #829 Motion for Reconsideration. For the foregoing reasons, Plaintiff's motion for reconsideration is denied. Docket Entry No. 829 is resolved. The Final Pretrial Conference is currently scheduled for October 25, 2019, at 10:30 a.m. The stay of deadlines for pretrial submissions is hereby lifted and the parties are directed to comply with the consultation and submission requirements set forth in the Amended Pretrial Scheduling Order (Docket Entry No. 319), as amended, in advance of the conference. The parties are encouraged to try to settle the remaining claims. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/22/2019) (ama)
May 21, 2019 Opinion or Order Filing 886 AMENDED MEMORANDUM OF LAW in Opposition re: #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by William T. Obeid. (Stocks, Remy)
May 21, 2019 Opinion or Order Filing 885 ORDER: granting #884 Letter Motion for Leave to File Document. The request is Granted. DE # 884 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/20/2019) (ama)
May 17, 2019 Opinion or Order Filing 884 LETTER MOTION for Leave to File Corrected Memorandum of Law addressed to Judge Laura Taylor Swain from Remy J. Stocks dated May 17, 2019. Document filed by William T. Obeid.(Stocks, Remy)
May 16, 2019 Opinion or Order Filing 883 NOTICE OF APPEARANCE by Austin Dong Kim on behalf of William T. Obeid. (Kim, Austin)
May 10, 2019 Opinion or Order Filing 882 REPLY MEMORANDUM OF LAW in Support re: #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (O'Connor, Paul)
May 2, 2019 Opinion or Order Filing 881 STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties, subject to the approval of the Court as follows: Bridgeton's reply in further support of the Bridgeton Reconsideration Motion is to be filed on or before May 10, 2019. This stipulation may be executed in counterparts via facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one stipulation. DE # 880 resolved. IT IS SO ORDERED., Motions terminated: #880 LETTER MOTION for Extension of Time to File Response/Reply as to #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Lim filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. (Signed by Judge Laura Taylor Swain on 5/02/2019) (ama)
May 1, 2019 Opinion or Order Filing 880 LETTER MOTION for Extension of Time to File Response/Reply as to #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, addressed to Judge Laura Taylor Swain from Joshua N. Paul dated 5/1/2019. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Stipulation and Proposed Order)(Paul, Joshua)
April 30, 2019 Opinion or Order Filing 879 ORDER: granting #877 Letter Motion to Adjourn Conference. The request is Granted to the extent that: 1) all deadlines associated with the Final Pre-trial Conference are adjourned pending further order of the Court and 2) the Final Pre-trial Conference is adjourned to October 25, 2019, at 10:30 AM as a control date. DE # 877 resolved. SO ORDERED. Final Pretrial Conference set for 10/25/2019 at 10:30 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/30/2019) (ama) Modified on 4/30/2019 (ama).
April 26, 2019 Opinion or Order Filing 878 LETTER RESPONSE in Opposition to Motion addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated April 26, 2019 re: #877 LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Seth A. Moskowitz dated April 22,2019. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 22, 2019 Opinion or Order Filing 877 LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Seth A. Moskowitz dated April 22,2019. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Moskowitz, Seth)
April 19, 2019 Opinion or Order Filing 876 MEMORANDUM OF LAW in Opposition re: #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by William T. Obeid. (Stocks, Remy)
April 19, 2019 Opinion or Order Filing 875 MEMORANDUM OF LAW in Opposition re: #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 17, 2019 Opinion or Order Filing 874 SEALED DOCUMENT placed in vault.(mhe)
April 16, 2019 Opinion or Order Filing 873 DECLARATION of Alexander D. Pencu in Support re: #871 MOTION in Limine to Exclude Portions of the Report and Testimony of Michael C. Weil.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 872 MEMORANDUM OF LAW in Support re: #871 MOTION in Limine to Exclude Portions of the Report and Testimony of Michael C. Weil. . Document filed by William T. Obeid. (Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 871 MOTION in Limine to Exclude Portions of the Report and Testimony of Michael C. Weil. Document filed by William T. Obeid.(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 870 DECLARATION of Alexander D. Pencu in Support re: #868 MOTION in Limine for an Order Excluding the Rebuttal Expert Report and Testimony of Roger S. Cline.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1 (to be filed under seal), #2 Exhibit 2 (to be filed under seal), #3 Exhibit 3 (redacted), #4 Exhibit 4)(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 869 MEMORANDUM OF LAW in Support re: #868 MOTION in Limine for an Order Excluding the Rebuttal Expert Report and Testimony of Roger S. Cline. . Document filed by William T. Obeid. (Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 868 MOTION in Limine for an Order Excluding the Rebuttal Expert Report and Testimony of Roger S. Cline. Document filed by William T. Obeid.(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 867 DECLARATION of Robert Muckenfuss in Support re: #865 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 (1 of 2) - Expert Report of Andy Antunez, #2 Exhibit 1 (2 of 2) - Expert Report of Andy Antunez, #3 Exhibit 2 - Excerpts from the Deposition of Andy Antunez)(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 866 MEMORANDUM OF LAW in Support re: #865 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 865 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 864 DECLARATION of Robert Muckenfuss in Support re: #862 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Expert Report of Scott Fowler, #2 Exhibit B - Excerpts from the Deposition of Scott Fowler)(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 863 MEMORANDUM OF LAW in Support re: #862 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 862 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 861 DECLARATION of Robert Muckenfuss in Support re: #859 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III.. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Expert Report of Joseph T. Gardemal III, #2 Exhibit B - Expert Report of Scott A. Fowler, #3 Exhibit C - Excerpts from the Deposition of Joseph T. Gardemal III)(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 860 MEMORANDUM OF LAW in Support re: #859 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 859 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 858 DECLARATION of Robert Muckenfuss in Support re: #855 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Expert Report of E. Jonathan Falik, #2 Exhibit B - Excerpts from the Deposition of E. Jonathan Falik)(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 857 DECLARATION of Joshua N. Paul in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7.. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1. Falik Expert Report, #2 Exhibit 2. Amended and Restated Limited Liability Company Agreement of GREA, #3 Exhibit 3. Massaro Declaration, #4 Exhibit 4. Resolutions of GREA, #5 Exhibit 5. Massaro 3.22.16 Depo. Tr. Excerpts, #6 Exhibit 6. A. Jariwala 3.9.16 Depo. Tr. Excerpts, #7 Exhibit 7. Obeid 3.18.16 Depo. Tr. Excerpts, #8 Exhibit 8. RobertDouglas Engagement Letter 11.13.14, #9 Exhibit 9. Gemini Update for Will Obeid 5.8.15, #10 Exhibit 10. Hercher Declaration 9.8.15, #11 Exhibit 11. Hercher Affidavit 5.15.15, #12 Exhibit 12. Massaro 6.2.15 Depo. Tr. Excerpts, #13 Exhibit 13. Hercher 6.24.15 Depo. Tr. Excerpts, #14 Exhibit 14.PDF Copy of Microsoft Excel spreadsheet, #15 Exhibit 15. Ltr from Hurd to Massaro 1.13.5, #16 Exhibit 16. Hercher Supp. Declaration 10.6.15, #17 Exhibit 17. Ltr from Hercher to Massaro 2.20.15, #18 Exhibit 18. LOI 2.25.15, #19 Exhibit 19. Email from Hercher to Whang 2.25.15, #20 Exhibit 20. LOI 2.27.15, #21 Exhibit 21. Email chain btw Smith, Hakimian, et al., 3.2.15, #22 Exhibit 22. La Mack 3.24.16 Depo. Tr. Excerpts, #23 Exhibit 23.A. Jariwala 3.10.16 Depo. Tr. Excerpts, #24 Exhibit 24. Email from Zajdel to A. Jariwala 2.20.15, #25 Exhibit 25. A. Jariwala Declaration 10.5.15, #26 Exhibit 26. Email chain btw A. Jariwala, Massaro, et al., 3.7.15, #27 Exhibit 27. Hotel Purchase and Sale Agreement 2.2.15, #28 Exhibit 28. Notice of Pendency 52-54 West 13th Street, #29 Exhibit 29. Notice of Pendency 34-36 West 38th Street, #30 Exhibit 30. Notice of Pendency 33 Peck Slip, #31 Exhibit 31. Notice of Pendency 37-39 West 24th Street, #32 Exhibit 32. Voluntary Petition Peck Slip, #33 Exhibit 33. Voluntary Petition In re: 36 West 38th Street LLC, #34 Exhibit 34. Voluntary Petition In re: Gemini 37 West 24th Street MT, LLC, #35 Exhibit 35. Voluntary Petition In re 52 West 13th P, LLC, #36 Exhibit 36. Hotel Purchase and Sale Agreement 9.2.15, #37 Exhibit 37. Notice of Errata Re Exhibit A to Debtors Sale Motion 9.11.15, #38 Exhibit 38. Meister Declaration 10.12.15, #39 Exhibit 39. A. Jariwala 11.5.15 Depo. Tr. Excerpts, #40 Exhibit 40. Transcript of Motion to Retain Real Estate Advisor 10.28.15, #41 Exhibit 41. Hercher Second Supp. Decl. 11.10.15, #42 Exhibit 42. Notice of Closing of Sale 52 West 13th Street 1.5.16, #43 Exhibit 43. Transcript of the 12.15.15 auction before Hon. J. L. Garrity, #44 Exhibit 44. Notice of Closing of Sale of Property, 37 West 24th Street 2.29.16, #45 Exhibit 45. Marcus & Millichap Rep. Agreement 5.20.15, #46 Exhibit 46. Marcus & Millichap Company Profile webpage, #47 Exhibit 47. Email chain btw Zaver, Massaro, et al., 6.26.15, #48 Exhibit 48. Ltr from Zver to Massaro, et al., 6.26.15, #49 Exhibit 49. Hotel Purchase and Sale Agreement 8.19.15, #50 Exhibit 50. Email chain btw A. Jariwala, H. Zaver, et al., 6.25.15, #51 Exhibit 51. Gemini Update for Will Obeid 11.17.15, #52 Exhibit 52. Falik 5.1.17 Depo. Tr. Excerpts, #53 Exhibit 53. Peraino email 3.4.15, #54 Exhibit 54. Melling 11.10.15 Depo. Tr. Excerpts, #55 Exhibit 55. Notice of Intention to Serve Subpoena on Witkoff 3.9.15, #56 Exhibit 56. Ltr from Stocks to Cooper, et al., 7.8.15, #57 Exhibit 57. Ex. 22 to NY State Action Complaint, #58 Exhibit 58. Subcontract Hotel Management Agreement 1.26.15, #59 Exhibit 59. A. Jariwala Declaration, 6.15.17, #60 Exhibit 60. Bedsole Expert Report, #61 Exhibit 61. Gardemal Expert Report, #62 Exhibit 62. Besole 4.28.17 Depo. Tr. Excerpts, #63 Exhibit 63. Gardemal 6.5.17 Gardemal Depo. Tr. Excerpts, #64 Exhibit 64. Cius 2.19.16 Depo. Tr. Excerpts, #65 Exhibit 65. Hercher 6.2.17 Depo. Tr. Excerpts, #66 Exhibit 66. Notice of No Auction, 52 West 13th St 12.1.15, #67 Exhibit 67. Peck Slip Bankruptcy Order, 52 West 13th 11.20.15, #68 Exhibit 68. Notice of No Auction 52 W. 13th 12.1.15, #69 Exhibit 69. Email chain btw S. OConnor, et al., 12.3.15, #70 Exhibit 70. Peck Slip Bankruptcy Order, 37 W. 24th 11.20.15, #71 Exhibit 71. Notice of Bid and Auction, 37 West 24th Street 12.10.15, #72 Exhibit 72. B. Mufson Business Record Certification, #73 Exhibit 73. Witkoff Mufson webpage)(Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 856 MEMORANDUM OF LAW in Support re: #855 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 855 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 854 DECLARATION of Robert Muckenfuss in Support re: #849 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Expert Report of Embree C. Bedsole, #2 Exhibit 2 - Excerpts from the Deposition of Embree C. Bedsole, #3 Exhibit 3 - Expert Report of Joseph T. Gardemal III)(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 853 DECLARATION of Alexander D. Pencu in Support re: #851 MOTION in Limine for an Order Precluding Individual Defendants from Introducing Any Evidence or Argument Concerning Their Alleged Damages from as a Result of Plaintiff's Alleged Computer Monitoring Activities.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1)(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 852 MEMORANDUM OF LAW in Support re: #851 MOTION in Limine for an Order Precluding Individual Defendants from Introducing Any Evidence or Argument Concerning Their Alleged Damages from as a Result of Plaintiff's Alleged Computer Monitoring Activities. . Document filed by William T. Obeid. (Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 851 MOTION in Limine for an Order Precluding Individual Defendants from Introducing Any Evidence or Argument Concerning Their Alleged Damages from as a Result of Plaintiff's Alleged Computer Monitoring Activities. Document filed by William T. Obeid.(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 850 MEMORANDUM OF LAW in Support re: #849 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 849 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 848 MEMORANDUM OF LAW in Support re: #847 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 847 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 16, 2019 Opinion or Order Filing 846 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 7 To (1) Establish That Plaintiff Is Foreclosed From Seeking Damages Related To The Sales Of The Jade And Wyndham Garden Chelsea Hotels And, (2) Preclude Evidence And/Or Argument Concerning The Jade And Wyndham Garden Chelsea Hotels. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 845 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 6 To Preclude Evidence Concerning The Sale Of The Boston Hiex And The Expenses. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 844 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 5 To Exclude Portions Of The Expert Report And Testimony Of Joseph T. Gardemal. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 843 DECLARATION of Alexander D. Pencu in Support re: #840 MOTION in Limine to Exclude Any Testimony at Trial by Peter S. Kaufman.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 842 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 4 To Exclude Portions Of The Expert Report And Testimony Of Embree C. Bedsole. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 841 MEMORANDUM OF LAW in Support re: #840 MOTION in Limine to Exclude Any Testimony at Trial by Peter S. Kaufman. . Document filed by William T. Obeid. (Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 840 MOTION in Limine to Exclude Any Testimony at Trial by Peter S. Kaufman. Document filed by William T. Obeid.(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 839 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 3 To Preclude Evidence Concerning Bridgeton's Management Of The Gemini Hotels. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 838 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 2 To Exclude The Peraino/Witkoff Email. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 837 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 1 To Exclude Portions Of The Expert Report And Testimony Of E. Jonathan Falik. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 836 MOTION in Limine / Defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala Notice of Motions In Limine 1-7. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Moskowitz, Seth)
April 16, 2019 Opinion or Order Filing 835 DECLARATION of Alexander D. Pencu in Support re: #833 MOTION in Limine for an Order Precluding Individual Defendants from Relying on GREA Deposition Exhibit 10.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 834 MEMORANDUM OF LAW in Support re: #833 MOTION in Limine for an Order Precluding Individual Defendants from Relying on GREA Deposition Exhibit 10. . Document filed by William T. Obeid. (Pencu, Alexander)
April 16, 2019 Opinion or Order Filing 833 MOTION in Limine for an Order Precluding Individual Defendants from Relying on GREA Deposition Exhibit 10. Document filed by William T. Obeid.(Pencu, Alexander)
April 5, 2019 Opinion or Order Filing 832 STIPULATION AND ORDER REGARDING PRE-TRIAL SUBMISSIONS: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties, subject to the approval of the Court, as follows: Opening submissions in support of any Pre-Trial Motions arc to be filed on or before April 16, 2019. Submissions in opposition to the Bridgeton Reconsideration Motion are to be filed on or before April 19, 2019. The Bridgeton Defendants' reply in further support of the Bridgeton Reconsideration Motion is to be filed on or before May 3, 2019. Submissions in opposition to any Pre-Trial Motions are to be filed on or before May 10, 2019. Replies in further support of any Pre-Trial Motions are to be filed on or before May 24, 2019. The Joint Pre-Trial Statement is to be filed on or before May 21, 2019. The parties' respective Proposed Findings of Fact and Conclusions of Law are to be filed on or before May 21, 2019. IT IS SO ORDERED., ( Motions due by 4/16/2019., Responses due by 5/10/2019, Replies due by 5/24/2019.), Motions terminated: #831 JOINT LETTER MOTION for Extension of Time to File Response/Reply to the Bridgeton Defendants' Motion for Reconsideration and to Set Pre-Trial Submissions Filing Deadlines addressed to Judge Laura Taylor Swain from Remy J. Stocks dated A filed by William T. Obeid. (Signed by Judge Laura Taylor Swain on 4/05/2019) (ama)
April 4, 2019 Opinion or Order Filing 831 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Extension of Time to File Response/Reply to the Bridgeton Defendants' Motion for Reconsideration and to Set Pre-Trial Submissions Filing Deadlines addressed to Judge Laura Taylor Swain from Remy J. Stocks dated April 4, 2019. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation & Proposed Order)(Stocks, Remy) Modified on 5/22/2019 (ldi).
March 29, 2019 Opinion or Order Filing 830 MEMORANDUM OF LAW in Support re: #829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, / Bridgeton's Memorandum of Law in Support of its Motion to Reconsider the March 15, 2019 Memorandum Order. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (O'Connor, Paul)
March 29, 2019 Opinion or Order Filing 829 MOTION for Reconsideration re; #828 Order on Motion for Reconsideration, Order on Motion for Leave to File Document, Order on Motion to Preclude,, Order on Motion in Limine,, Order on Motion for Sanctions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, / Notice of Motion to Reconsider the March 15, 2019 Memorandum Order. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(O'Connor, Paul)
March 15, 2019 Opinion or Order Filing 828 MEMORANDUM ORDER: granting in part and denying in part #713 Motion for Reconsideration ; granting in part and denying in part #713 Motion for Leave to File Document; terminating without prejudiced to refiling #757 Motion to Preclude; terminating without prejudiced to refiling #763 Motion to Preclude; terminating without prejudiced to refiling #767 Motion in Limine; terminating without prejudiced to refiling #771 Motion to Preclude; terminating without prejudiced to refiling #771 Motion for Sanctions; terminating without prejudiced to refiling #774 Motion in Limine; terminating without prejudiced to refiling #777 Motion in Limine. For the foregoing reasons, Plaintiff's motion for reconsideration is granted in part and denied in part, and leave to amend Plaintiff's TAC is denied. The Court vacates its dismissal of Plaintiff's claims asserted in his First, Second, Sixteenth, and Seventeenth Causes of Action for: (1) Individual Defendants' breach of the fiduciary duty of loyalty with respect to hotel sales and marketing outside of the bankruptcy proceedings and the sub-management agreement with Bridgeton and (2) Bridgeton's aiding and abetting of Individual Defendants' breach of fiduciary duty. Due to the altered scope of issues remaining for trial, the parties' pre-trial motions are terminated without prejudiced to refiling. (Docket Entry Nos. 757, 763, 767, 771, 774, 777.) The final pre-trial conference is hereby adjourned to May 31, 2019. The parties must confer and make submissions (including any renewed motions in limine) in advance of the conference as set forth in the Amended Pre-Trial Scheduling Order (Docket Entry No. 319.) The parties are encouraged to renew their settlement efforts. Docket Entry Nos. 713, 757, 763, 767, 771, 774, and 777 are resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/15/2019) (ama)
February 7, 2019 Opinion or Order Filing 827 LETTER addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated February 7, 2019 re: Delaware Court Proceedings. Document filed by William T. Obeid.(Stocks, Remy)
February 4, 2019 Opinion or Order Filing 826 ORDER: In light of the pending motion for reconsideration, the pre-trial conference scheduled for February 15, 2019, is adjourned pending further order of the Court. In the near future, the Court will notify the parties of the new date for the final pretrial conference and will reset the associated deadlines. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/04/2019) (ama)
January 22, 2019 Opinion or Order Filing 825 LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated January 22, 2019 re: Response to plaintiff's January 17, 2019 letter. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit June 26, 2018 Order, #2 Exhibit Obeid's Answering Brief)(Muckenfuss, Robert)
January 22, 2019 Opinion or Order Filing 824 ORDER GRANTING MOTION TO WITHDRAW FROM COUNSEL granting #821 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Adam B. Oppenheim's Motion to Withdraw as Counsel for Plaintiff is GRANTED, and Adam B. Oppenheim is hereby terminated as counsel in this proceeding. SO ORDERED. Attorney Adam B. Oppenheim terminated. (Signed by Magistrate Judge Henry B. Pitman on 12/11/2018) (ne)
January 17, 2019 Opinion or Order Filing 823 LETTER addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated January 17, 2019 re: Delaware Supreme Court Decision. Document filed by William T. Obeid. (Attachments: #1 Exhibit Ex A - Delaware Supreme Court Decision, #2 Exhibit Ex B - Chancery Court July 17, 2018 Order)(Stocks, Remy)
December 7, 2018 Opinion or Order Filing 822 AFFIRMATION of Adam B. Oppenheim in Support re: #821 MOTION for Adam B. Oppenheim to Withdraw as Attorney .. Document filed by William T. Obeid. (Oppenheim, Adam)
December 7, 2018 Opinion or Order Filing 821 MOTION for Adam B. Oppenheim to Withdraw as Attorney . Document filed by William T. Obeid. (Attachments: #1 Proposed Order For Withdraw)(Oppenheim, Adam)
November 20, 2018 Opinion or Order Filing 820 ORDER: granting #819 Letter Motion to Adjourn Conference. The Court has reviewed the parties' letters dated November 16, 2018 (Docket Entry Nos. 818 and 819). Plaintiff's motion for reconsideration remains pending and the Courthas determined that a further adjournment of the scheduled final pretrial conference is in the interest of judicial economy. The FPTC is adjourned to February 15, 2019 at 11:00 a.m. as a control date and the related deadlines are suspended pending further order of the Court. The Court thanks the parties for their patience with the volume of Court business. SO ORDERED. Final Pretrial Conference set for 2/15/2019 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/20/2018) (ama)
November 16, 2018 Opinion or Order Filing 819 LETTER MOTION to Adjourn Conference Further Adjourning the Remaining Pre-Trial Deadlines Pending the Court's Determination of Obeid's Reconsideration Motion addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated November 16, 2018. Document filed by William T. Obeid.(Stocks, Remy)
November 16, 2018 Opinion or Order Filing 818 LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated November 16, 2018 re: Pre- Trial conference confirmation. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
September 27, 2018 Opinion or Order Filing 817 ORDER: granting #816 Letter Motion for Extension of Time. Having considered DE #'s 816 and 816 and in light of the fact that the reconsideration motion remains sub judice, the final pretrial conference control date is adjourned to December 6, 2018, at 3:15 pm. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/2018) (ama)
September 27, 2018 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 12/6/2018 at 03:15 PM before Judge Laura Taylor Swain. (ama)
September 25, 2018 Opinion or Order Filing 816 LETTER MOTION for Extension of Time Further Adjourning the Remaining Pre-Trial Deadlines Pending the Court's Determination of Obeid's Reconsideration Motion in Response to Defendants' September 25, 2018 Letter to the Court addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated September 25, 2018. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Proposed Order)(Stocks, Remy)
September 25, 2018 Opinion or Order Filing 815 LETTER addressed to Judge Laura Taylor Swain from Robert Muckenfuss dated September 25, 2018 re: Confirmation of the October 26, 2018 control date for the pre-trial conference. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
July 25, 2018 Opinion or Order Filing 814 LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated July 25, 2018 re: Letter to Court providing an update on the Delaware Chancery Court proceedings that counsel for plaintiff William T. Obeid referenced in his June 8, 2018 letter to the Court. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Notice of Appeal (Delaware Supreme Court), #2 Exhibit 2 - Order Granting Stay Pending Appeal (Delaware Chancery Court), #3 Exhibit 3 - Amended Notice of Appeal (Delaware Supreme Court))(Muckenfuss, Robert)
July 9, 2018 Opinion or Order Filing 813 SEALED DOCUMENT placed in vault.(mhe)
July 9, 2018 Opinion or Order Filing 812 SEALED DOCUMENT placed in vault.(mhe)
July 9, 2018 Opinion or Order Filing 811 SEALED DOCUMENT placed in vault.(mhe)
July 6, 2018 Opinion or Order Filing 810 DECLARATION of Alexander D. Pencu in Support re: #777 MOTION in Limine pursuant to Daubert v. Merrill Dow Pharm., 509 U.S. 579 (1993) and Federal Rules of Evidence 401, 402, 403, 702 and 703, to exclude the report and testimony of Roger S. Cline.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1 (SEAL), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stocks, Remy)
July 6, 2018 Opinion or Order Filing 809 REPLY MEMORANDUM OF LAW in Support re: #777 MOTION in Limine pursuant to Daubert v. Merrill Dow Pharm., 509 U.S. 579 (1993) and Federal Rules of Evidence 401, 402, 403, 702 and 703, to exclude the report and testimony of Roger S. Cline. . Document filed by William T. Obeid. (Stocks, Remy)
July 6, 2018 Opinion or Order Filing 808 DECLARATION of Alexander D. Pencu in Support re: #767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities.. Document filed by William T. Obeid. (Attachments: #1 Exhibits A-D (SEAL), #2 Exhibit E, #3 Exhibit F)(Stocks, Remy)
July 6, 2018 Opinion or Order Filing 807 REPLY MEMORANDUM OF LAW in Support re: #767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities. . Document filed by William T. Obeid. (Stocks, Remy)
July 6, 2018 Opinion or Order Filing 806 DECLARATION of Alexander D. Pencu in Support re: #771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial. MOTION for Sanctions for Order of Preclusion.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B-D)(Pencu, Alexander)
July 6, 2018 Opinion or Order Filing 805 REPLY MEMORANDUM OF LAW in Support re: #771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial. MOTION for Sanctions for Order of Preclusion. . Document filed by William T. Obeid. (Pencu, Alexander)
July 6, 2018 Opinion or Order Filing 804 REPLY MEMORANDUM OF LAW in Support re: #774 MOTION in Limine to Exclude Portions of the Rebuttal Report and Testimony of Michael C. Weil. . Document filed by William T. Obeid. (Pencu, Alexander)
July 6, 2018 Opinion or Order Filing 803 REPLY MEMORANDUM OF LAW in Support re: #760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
July 6, 2018 Opinion or Order Filing 802 REPLY MEMORANDUM OF LAW in Support re: #757 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
July 6, 2018 Opinion or Order Filing 801 REPLY MEMORANDUM OF LAW in Support re: #763 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
July 2, 2018 Opinion or Order Filing 800 SEALED DOCUMENT placed in vault.(rz)
July 2, 2018 Opinion or Order Filing 799 SEALED DOCUMENT placed in vault.(rz)
July 2, 2018 Opinion or Order Filing 798 SEALED DOCUMENT placed in vault.(rz)
June 29, 2018 Opinion or Order Filing 797 MEMORANDUM OF LAW in Opposition re: #763 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by William T. Obeid. (Stocks, Remy)
June 29, 2018 Opinion or Order Filing 796 DECLARATION of Alexander D. Pencu in Opposition re: #763 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-20 (SEAL))(Stocks, Remy)
June 29, 2018 Opinion or Order Filing 795 MEMORANDUM OF LAW in Opposition re: #757 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. . Document filed by William T. Obeid. (Stocks, Remy)
June 29, 2018 Opinion or Order Filing 794 DECLARATION of Alexander D. Pencu in Opposition re: #757 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A (SEALED), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (SEALED), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K (SEALED))(Stocks, Remy)
June 29, 2018 Opinion or Order Filing 793 DECLARATION of William T. Obeid in Opposition re: #760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid.. Document filed by William T. Obeid. (Stocks, Remy)
June 29, 2018 Opinion or Order Filing 792 DECLARATION of Alexander D. Pencu in Opposition re: #760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A-H (SEALED), #2 Exhibit I, #3 Exhibits J-O (SEALED), #4 Exhibit P)(Stocks, Remy)
June 29, 2018 Opinion or Order Filing 791 MEMORANDUM OF LAW in Opposition re: #760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. . Document filed by William T. Obeid. (Stocks, Remy)
June 29, 2018 Opinion or Order Filing 790 DECLARATION of Robert A. Muckenfuss in Opposition re: #767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - deposition cover sheet for the March 24, 2016 deposition of Christopher La Mack, #2 Exhibit 2 - deposition cover sheet for the December 16, 2016 deposition of Christopher La Mack, #3 Exhibit 3 - deposition cover sheet for the March 22, 2016 deposition of Dante Massaro, #4 Exhibit 4 - deposition cover sheet for the December 13, 2016 deposition of Dante Massaro, #5 Exhibit 5 - deposition excerpts from the May 29, 2015 deposition of Christopher La Mack)(Muckenfuss, Robert)
June 29, 2018 Opinion or Order Filing 789 MEMORANDUM OF LAW in Opposition re: #767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 29, 2018 Opinion or Order Filing 788 DECLARATION of Elizabeth M.Z. Timmermans in Opposition re: #771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial. MOTION for Sanctions for Order of Preclusion.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Third-Party Value Comparison, #2 Exhibit 2 - Metadata for Third-Party Value Comparison, #3 Exhibit 3 - La Mack 30(b)(6) GREA Deposition Excerpts, #4 Exhibit 4 - Transmittal Email from Remy Stocks dated July 2, 2015, #5 Exhibit 5 - Excel Spreadsheet Third-Party Hotel Management Value Comparison)(Timmermans, Elizabeth)
June 29, 2018 Opinion or Order Filing 787 MEMORANDUM OF LAW in Opposition re: #771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial. MOTION for Sanctions for Order of Preclusion. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 29, 2018 Opinion or Order Filing 786 MEMORANDUM OF LAW in Opposition re: #777 MOTION in Limine pursuant to Daubert v. Merrill Dow Pharm., 509 U.S. 579 (1993) and Federal Rules of Evidence 401, 402, 403, 702 and 703, to exclude the report and testimony of Roger S. Cline. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 29, 2018 Opinion or Order Filing 785 MEMORANDUM OF LAW in Opposition re: #774 MOTION in Limine to Exclude Portions of the Rebuttal Report and Testimony of Michael C. Weil. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 21, 2018 Opinion or Order Filing 784 ORDER ADJOURNING PRETRIAL DEADLINES PENDING THE COURT'S DETERMINATION OF PLAINTIFF'S RECONSIDERATION MOTION: granting #755 Letter Motion for Extension of Time. WHEREAS on June 12, 2018, Obeid moved for an adjournment of the remaining pretrial deadlines pending the Court's determination of the Reconsideration Motion, and the Court has determined that the adjournment of deadlines other than these relating to Motions in limine is in the interest of efficiency and judicial economy. IT IS HEREBY ORDERED, that the pending motions in limine shall be briefed in accordance with SDNY Local Civil Rule 7.1(b), and the remaining pretrial deadlines are hereby adjourned pending the Court's determination of Obeid's Reconsideration Motion. The Final Pre-Trial Conference is adjourned to October 26, 2018, at 11:30 AM as a control date. DE # 755 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/20/2018) (ama)
June 21, 2018 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 10/26/2018 at 11:30 AM before Judge Laura Taylor Swain. (ama)
June 19, 2018 Opinion or Order Filing 783 MEMO ENDORSEMENT: on re: #770 Letter filed by Christopher La Mack, Dante Massaro. ENDORSEMENT: The requested Order is hereby Granted. DE # 770 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/18/2018) (ama)
June 19, 2018 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 765 from the case record. The document was stricken from this case pursuant to #783 Memo Endorsement. (ama)
June 18, 2018 Opinion or Order Filing 782 SEALED DOCUMENT placed in vault.(mhe)
June 18, 2018 Opinion or Order Filing 781 SEALED DOCUMENT placed in vault.(mhe)
June 18, 2018 Opinion or Order Filing 780 SEALED DOCUMENT placed in vault.(mhe)
June 15, 2018 Opinion or Order Filing 779 DECLARATION of Alexander D. Pencu in Support re: #777 MOTION in Limine pursuant to Daubert v. Merrill Dow Pharm., 509 U.S. 579 (1993) and Federal Rules of Evidence 401, 402, 403, 702 and 703, to exclude the report and testimony of Roger S. Cline.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-3 (to be filed under seal), #2 Exhibit 4)(Pencu, Alexander)
June 15, 2018 Opinion or Order Filing 778 MEMORANDUM OF LAW in Support re: #777 MOTION in Limine pursuant to Daubert v. Merrill Dow Pharm., 509 U.S. 579 (1993) and Federal Rules of Evidence 401, 402, 403, 702 and 703, to exclude the report and testimony of Roger S. Cline. . Document filed by William T. Obeid. (Pencu, Alexander)
June 15, 2018 Opinion or Order Filing 777 MOTION in Limine pursuant to Daubert v. Merrill Dow Pharm., 509 U.S. 579 (1993) and Federal Rules of Evidence 401, 402, 403, 702 and 703, to exclude the report and testimony of Roger S. Cline. Document filed by William T. Obeid.(Pencu, Alexander)
June 15, 2018 Opinion or Order Filing 776 MEMORANDUM OF LAW in Support re: #774 MOTION in Limine to Exclude Portions of the Rebuttal Report and Testimony of Michael C. Weil. . Document filed by William T. Obeid. (Stocks, Remy)
June 15, 2018 Opinion or Order Filing 775 DECLARATION of Alexander D. Pencu in Support re: #774 MOTION in Limine to Exclude Portions of the Rebuttal Report and Testimony of Michael C. Weil.. Document filed by William T. Obeid. (Attachments: #1 Exhibits A-E)(Stocks, Remy)
June 15, 2018 Opinion or Order Filing 774 MOTION in Limine to Exclude Portions of the Rebuttal Report and Testimony of Michael C. Weil. Document filed by William T. Obeid.(Stocks, Remy)
June 15, 2018 Opinion or Order Filing 773 MEMORANDUM OF LAW in Support re: #771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial. MOTION for Sanctions for Order of Preclusion. . Document filed by William T. Obeid. (Stocks, Remy)
June 15, 2018 Opinion or Order Filing 772 DECLARATION of Alexander D. Pencu in Support re: #771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial. MOTION for Sanctions for Order of Preclusion.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Stocks, Remy)
June 15, 2018 Opinion or Order Filing 771 MOTION to Preclude the Individual Defendants from Relying On GREA Exhibit 10 at Trial., MOTION for Sanctions for Order of Preclusion. Document filed by William T. Obeid.(Stocks, Remy)
June 15, 2018 Opinion or Order Filing 770 LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated June 15, 2018 re: Removal of documents from the public docket which were filed in error. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 769 DECLARATION of Alexander D. Pencu in Support re: #767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1)(Pencu, Alexander)
June 15, 2018 Opinion or Order Filing 768 MEMORANDUM OF LAW in Support re: #767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities. . Document filed by William T. Obeid. (Pencu, Alexander)
June 15, 2018 Opinion or Order Filing 767 MOTION in Limine an Order precluding the Individual Defendants from introducing any evidence or argument at trial concerning their alleged damages as a result of Obeids alleged computer monitoring activities. Document filed by William T. Obeid.(Pencu, Alexander)
June 15, 2018 Opinion or Order Filing 766 DECLARATION of Robert Muckenfuss in Support re: #763 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Expert Report of Embree C. Bedsole, #2 Exhibit 2 - Excerpts from the deposition of Embree C. Bedsole taken on April 28, 2017, #3 Exhibit 3 (part 1 of 2) - Expert Report of Joseph T. Gardemal III, #4 Exhibit 3 (part 2 of 2) - Expert Report of Joseph T. Gardemal III)(Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 764 MEMORANDUM OF LAW in Support re: #763 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 763 MOTION to Preclude Testimony By Plaintiff's Designated Expert Embree C. Bedsole. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 762 DECLARATION of Robert Muckenfuss in Support re: #760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Transmittal Email, dated July 2, 2015 Re: Obeid Production)(Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 761 MEMORANDUM OF LAW in Support re: #760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 760 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 759 DECLARATION of Robert Muckenfuss in Support re: #757 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A (part 1 of 2) - Expert Report of Andy Antunez, #2 Exhibit A (part 2 of 2) - Expert Report of Andy Antunez)(Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 758 MEMORANDUM OF LAW in Support re: #757 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2018 Opinion or Order Filing 757 MOTION to Preclude Testimony By Plaintiff's Designated Expert Andy Antunez. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 14, 2018 Opinion or Order Filing 756 LETTER RESPONSE in Opposition to Motion addressed to Judge Laura Taylor Swain from Robert Muckenfuss dated June 14, 2018 re: #755 LETTER MOTION for Extension of Time requesting an Adjournment of the Remaining Pretrial Deadlines addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated June 12, 2018. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - June 7, 2018 Email and Attachment from A. Pencu to R. Muckenfuss and E. Timmermans, #2 Exhibit B - June 8, 2018 Email chain between R. Muckenfuss and A. Pencu)(Muckenfuss, Robert)
June 12, 2018 Opinion or Order Filing 755 LETTER MOTION for Extension of Time requesting an Adjournment of the Remaining Pretrial Deadlines addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated June 12, 2018. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Proposed Order Adjourning Pretrial Deadlines)(Stocks, Remy)
June 8, 2018 Opinion or Order Filing 754 LETTER addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated 6/08/2018 re: Letter to the Court advising it of new Delaware decision concerning the Parties. Document filed by William T. Obeid. (Attachments: #1 Exhibit A)(Pencu, Alexander)
June 5, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 6/5/2018. (ajc)
May 30, 2018 Opinion or Order Filing 753 REPLY MEMORANDUM OF LAW in Support re: #713 MOTION for Reconsideration re; #711 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Leave to File Supplemental or Amended Pleading . Plaintiff's Reply in Response to Bridgeton's Opposition to Plaintiff's Reconsideration Motion. Document filed by William T. Obeid. (Stocks, Remy)
May 30, 2018 Opinion or Order Filing 752 REPLY MEMORANDUM OF LAW in Support re: #713 MOTION for Reconsideration re; #711 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Leave to File Supplemental or Amended Pleading . Plaintiff's Reply in Response to the Individual Defendants' Opposition to Plaintiff's Reconsideration Motion. Document filed by William T. Obeid. (Stocks, Remy)
May 24, 2018 Opinion or Order Filing 751 DECLARATION of Robert Muckenfuss in Support re: #432 MOTION for Summary Judgment .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit X - invoices showing reimbusements for the work performed by Garrett Giusti and Barbara Guillote, #2 Exhibit Z - May 27, 2015 email from Barbara Guillote to Christopher La Mack Re: a health insurance invoice to Gemini)(Muckenfuss, Robert)
May 23, 2018 Opinion or Order Filing 750 MEMO ENDORSEMENT: on re: #735 Letter filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. ENDORSEMENT: The foregoing request is Granted. DE # 735 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/23/2018) (ama)
May 23, 2018 Opinion or Order Filing 749 MEMO ENDORSEMENT: on re: #736 Letter filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. ENDORSEMENT: The referenced documents may be redacted to conceal the specific payment and briefing information. DE # 736 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/23/2018) (ama)
May 18, 2018 Opinion or Order Filing 748 DECLARATION of Alexander D. Pencu in Opposition re: #464 MOTION for Summary Judgment ., #454 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136)(Stocks, Remy)
May 18, 2018 Opinion or Order Filing 747 DECLARATION of Alexander D. Pencu in Opposition re: #464 MOTION for Summary Judgment ., #454 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 137, #2 Exhibit 138, #3 Exhibit 139, #4 Exhibit 140, #5 Exhibit 141, #6 Exhibit 142, #7 Exhibit 143, #8 Exhibit 144, #9 Exhibit 145, #10 Exhibit 146, #11 Exhibit 147, #12 Exhibit 148, #13 Exhibit 149, #14 Exhibit 150, #15 Exhibit 151, #16 Exhibit 152, #17 Exhibit 153, #18 Exhibit 154, #19 Exhibit 155, #20 Exhibit 156, #21 Exhibit 157, #22 Exhibit 158, #23 Exhibit 159, #24 Exhibit 160, #25 Exhibit 161, #26 Exhibit 162, #27 Exhibit 163, #28 Exhibit 164, #29 Exhibit 165, #30 Exhibit 166, #31 Exhibit 167, #32 Exhibit 168, #33 Exhibit 169, #34 Exhibit 170, #35 Exhibit 171, #36 Exhibit 172, #37 Exhibit 173, #38 Exhibit 174, #39 Exhibit 175, #40 Exhibit 176, #41 Exhibit 177, #42 Exhibit 178, #43 Exhibit 179, #44 Exhibit 180, #45 Exhibit 181, #46 Exhibit 182, #47 Exhibit 183, #48 Exhibit 184, #49 Exhibit 185, #50 Exhibit 186, #51 Exhibit 187, #52 Exhibit 188, #53 Exhibit 189, #54 Exhibit 190, #55 Exhibit 191, #56 Exhibit 192, #57 Exhibit 193, #58 Exhibit 194, #59 Exhibit 195, #60 Exhibit 196, #61 Exhibit 197, #62 Exhibit 198, #63 Exhibit 199, #64 Exhibit 200, #65 Exhibit 201, #66 Exhibit 202, #67 Exhibit 203, #68 Exhibit 204, #69 Exhibit 205, #70 Exhibit 206, #71 Exhibit 207, #72 Exhibit 208, #73 Exhibit 209, #74 Exhibit 210, #75 Exhibit 211, #76 Exhibit 212, #77 Exhibit 213, #78 Exhibit 214, #79 Exhibit 215, #80 Exhibit 216, #81 Exhibit 217, #82 Exhibit 218, #83 Exhibit 219, #84 Exhibit 220, #85 Exhibit 221, #86 Exhibit 222, #87 Exhibit 223, #88 Exhibit 224, #89 Exhibit 225, #90 Exhibit 226, #91 Exhibit 227, #92 Exhibit 228, #93 Exhibit 229, #94 Exhibit 230, #95 Exhibit 231, #96 Exhibit 232, #97 Exhibit 233, #98 Exhibit 234, #99 Exhibit 235, #100 Exhibit 236, #101 Exhibit 237, #102 Exhibit 238, #103 Exhibit 239, #104 Exhibit 240, #105 Exhibit 241, #106 Exhibit 242, #107 Exhibit 243, #108 Exhibit 244, #109 Exhibit 245, #110 Exhibit 246, #111 Exhibit 247, #112 Exhibit 248, #113 Exhibit 249, #114 Exhibit 250, #115 Exhibit 251, #116 Exhibit 252, #117 Exhibit 253, #118 Exhibit 254, #119 Exhibit 255, #120 Exhibit 256, #121 Exhibit 257, #122 Exhibit 258, #123 Exhibit 259, #124 Exhibit 260, #125 Exhibit 261, #126 Exhibit 262, #127 Exhibit 263, #128 Exhibit 264, #129 Exhibit 265, #130 Exhibit 266, #131 Exhibit 267, #132 Exhibit 268, #133 Exhibit 269)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 746 DECLARATION of Alexander D. Pencu in Opposition re: #432 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 76)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 745 DECLARATION of Alexander D. Pencu in Opposition re: #432 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62 (1 of 2), #63 Exhibit 62 (2 of 2), #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70 (1 of 3), #72 Exhibit 70 (2 of 3), #73 Exhibit 70 (3 of 3), #74 Exhibit 71, #75 Exhibit 72, #76 Exhibit 73, #77 Exhibit 74, #78 Exhibit 75)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 744 DECLARATION of Alexander D. Pencu in Opposition re: #543 MOTION in Limine to Exclude Confidential Settlement Communications.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 743 DECLARATION of Remy J. Stocks in Opposition re: #524 MOTION to Strike Document No. #504 .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 742 REPLY AFFIRMATION of Alexander D. Pencu in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 38, #2 Exhibit 39, #3 Exhibit 40, #4 Exhibit 41, #5 Exhibit 42, #6 Exhibit 43, #7 Exhibit 44, #8 Exhibit 45, #9 Exhibit 46, #10 Exhibit 47, #11 Exhibit 48, #12 Exhibit 49, #13 Exhibit 50, #14 Exhibit 51, #15 Exhibit 52)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 741 RESPONSE in Opposition to Motion re: #464 MOTION for Summary Judgment . Plaintiff's Response to Bridgeton's Local Rule 56.1 Statement. Document filed by William T. Obeid. (Stocks, Remy)
May 17, 2018 Opinion or Order Filing 740 DECLARATION of William T. Obeid in Opposition re: #454 MOTION for Summary Judgment ., #464 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 43A, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 47A, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62, #65 Exhibit 63, #66 Exhibit 64, #67 Exhibit 65, #68 Exhibit 66)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 739 DECLARATION of William T. Obeid in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 738 DECLARATION of Robert Muckenfuss (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Support re: #432 MOTION for Summary Judgment .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit A - excerpts from the deposition of Christopher La Mack taken on May 29, 2015, #2 Exhibit B - excerpts from the deposition of Dante Massaro taken on June 2, 2015, #3 Exhibit C - excerpts from the deposition of Christopher Melling taken on November 10, 2015, #4 Exhibit D - excerpts from the deposition of Garrett Giusti taken on December 17, 2015, #5 Exhibit E - excerpts from the deposition of Barbara Guillote taken on December 18, 2015, #6 Exhibit F - excerpts from the deposition of William Stelma taken on January 5, 2016, #7 Exhibit G - excerpts from the deposition of William T. Obeid taken on March 18, 2016, #8 Exhibit H - excerpts from the deposition of Dennis Esselman taken on April 1, 2016, #9 Exhibit I - excerpts from the deposition of Elevation taken on December 13, 2016, #10 Exhibit J - excerpts from the deposition of Arcade Capital, LLC taken on December 14, 2016, #11 Exhibit Q - email from David Rosen to Dan Carr, dated June 5, 2015 Re: the 139 Orchard Street property, #12 Exhibit R - email from William Obeid to David Rosen, dated February 24, 2015 Re: the Bryant Park Property, #13 Exhibit U - email from Judy Limbach to Barbara Guillote, date May 18, 2015 Re: Elevation Invoices, #14 Exhibit Y - email string between Will Obeid, Edward Schmidt, and Stephen B. Meister - Marked as Ex. 7 to the deposition of Arcade Capital, LLC on December 14, 2016, #15 Exhibit AA - email from Barbara Guillote to Jerry Jeter, dated June 24, 2015 Re: Gemini invoices, #16 Exhibit CC - email from Garrett Giusti to Simona Rosen, dated August 12, 2015 Re: Gemini invoice to Elevation, #17 Exhibit DD - Purchase and Sale Agreement between Apple Valley Holdings, LLC and Elevation Real Estate Group LLC as of May 22, 2015, #18 Exhibit EE - email from Dante Massaro to Alto Investments, dated May 7, 2015 Re: Gemini-Elevation Deal Update)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 737 DECLARATION of Alexander D. Pencu in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26 (1 of 2), #27 Exhibit 26 (2 of 2), #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37)(Stocks, Remy)
May 17, 2018 Opinion or Order Filing 736 LETTER addressed to Judge Laura Taylor Swain from Elizabeth M.Z. Timmermans dated May 17, 2018 re: Exhibit X and Exhibit Z to the April 11, 2017 Declaration of Robert Muckenfuss at ECF No. 436 to remain under seal. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Timmermans, Elizabeth)
May 17, 2018 Opinion or Order Filing 735 LETTER addressed to Judge Laura Taylor Swain from Joshua N. Paul dated May 17, 2018 re: Dkt. 726, Exs. 64 and 65. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Paul, Joshua)
May 17, 2018 Opinion or Order Filing 734 DECLARATION of Robert Muckenfuss (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A -.pdf copy of a Microsoft Excel spreadsheet entitled, "Third Party Hotel Management Value Comparison.xlsx", #2 Exhibit B -.pdf copy of a Microsoft Excel spreadsheet produced natively by Plaintiff, along with the metadata reflecting the created date and the last modified date of document)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 733 DECLARATION of William Stelma (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A (part 1) - tax return reflecting GEP's distribution, #2 Exhibit A (part 2) - tax return reflecting GEP's distribution, #3 Exhibit A (part 3) - tax return reflecting GEP's distribution, #4 Exhibit A (part 4) - tax return reflecting GEP's distribution, #5 Exhibit A (part 5) - tax return reflecting GEP's distribution, #6 Exhibit B - email string between Bill Stelma and Dante Massaro Re: Gemini Equity Partner Transfer)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 732 DECLARATION of Dante Massaro (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - email dated March 14, 2014 from James Kot to Chris La Mack and Dante Massaro Re: Gemini/Hotel 18: Buyer/Acquisition Signature Pages, which are attached)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 731 DECLARATION of Christopher La Mack (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - email dated March 14, 2014 from James Kot to Chris La Mack and Dante Massaro Re: Gemini/Hotel 18: Buyer/Acquisition Signature Pages, which are attached)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 730 DECLARATION of Robert A. Muckenfuss (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Gemini Equity Partners Operating Agreement, #2 Exhibit B - services contract between Madison Technology and Gemini Real Estate Advisors LLC, #3 Exhibit C - excerpts from the deposition of Alexander Schmidt, July 14, 2015, #4 Exhibit D - excerpts from the deposition of William T. Obeid, May 5, 2015, #5 Exhibit E - email from Will Obeid to Alexander Schmidt, dated June 18, 2014 Re: Names, #6 Exhibit F - Alvarez & Marsal document entitled "Summary of Interview with Madison Technologies", #7 Exhibit G - excerpts from the deposition of Andy Antunez, April 11, 2017, #8 Exhibit N - email string between Alexander Schmidt, La Mack, and Massaro Re: Follow-up on our meeting, #9 Exhibit O - excerpts from the deposition of Brent M. Hall, July 30, 2015, #10 Exhibit P - excerpts from the 30(b)(6) deposition of The Congress Group, designee, Thomas Zaccagnino, July 27, 2015, #11 Exhibit Q - email from Chris La Mack to Brent Hall, dated February 11, 2015 Re: Update on Seaport and Bryant Park, #12 Exhibit R - email string between Yury Rabinovich, Jerry Chrzanowski, Dante Massaro, and Chris La Mack, dated January 15, 2015 Re: Gemini - Accounting Folder, #13 Exhibit S - excerpts from the 30(b)(6) deposition of Gemini Real Estate Advisors, LLC (Christopher La Mack), December 16, 2016, #14 Exhibit T - Excerpts from the deposition of James Goldberg, April 14, 2016, #15 Exhibit U - Representation Agreement between GREA and Marcus & Millichap, #16 Exhibit V - excerpts from the deposition of Ritesh Jariwala, December 22, 2015)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 729 DECLARATION of Robert Muckenfuss (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - excerpts from the deposition of William T. Obeid taken on May 5, 2015, #2 Exhibit B - Gemini Real Estate Advisors, LLC Managers' Certificate, dated August 7, 2015, and the Gemini Real Estate Advosors, LLC Amended and Restated Limited Liability Company Agreement, dated February 19, 2009, #3 Exhibit C - excerpts from the deposition of William T. Obeid taken on March 18, 2016, #4 Exhibit D - Limited Liability Company Agreement of Gemini Equity Partners, LLC, #5 Exhibit E - State of Delaware Certificate of Formation of Gemini Real Estate Advisors, LLC, filed on April 15, 2003, and the Gemini Real Estate Advisors, LLC Limited Liability Company Agreement, dated January 15, 2004, #6 Exhibit F - Amendment No. 1 to Limited Liability Company Agreement of Gemini Real Estate Advisors, LLC, effective as of July 1, 2006, #7 Exhibit G - excerpts from the 30(b)(6) deposition of Arcade Capital, LLC taken on December 14, 2016, #8 Exhibit H - Limited Liability Company Agreement of Gemini Opportunity Fund I, LLC, effective as of February 28, 2006, #9 Exhibit I - Limited Liability Company Agreement of Gemini New York Hospitality Fund, LLC, effective as of January 1, 2007, #10 Exhibit J - Limited Liability Company Agreement of Gemini Opportunity Fund III, LLC, effective as of March 12, 2009, #11 Exhibit K - Limited Liability Company Agreement of Gemini Opportunity Fund IV, LLC, effective as of March 16, 2010, #12 Exhibit L - Limited Liability Company Agreement of Gemini Fund 5, LLC, effective as of March 1, 2012, #13 Exhibit M - excerpts from the deposition of Atit Jariwala taken on March 10, 2016, #14 Exhibit N - excerpts from the deposition of Ritesh Jariwala taken on December 22, 2015, #15 Exhibit O - excerpts from the deposition of Atit Jariwala taken on March 9, 2016, #16 Exhibit P - email from Atit Jariwala to Brian Clark, dated March 10, 2015, #17 Exhibit Q - excerpts from the deposition of Christopher La Mack taken on March 24, 2016, #18 Exhibit R - excerpts from the deposition of Dante Massaro taken on March 22, 2016, #19 Exhibit S - excerpts from the deposition of Christopher La Mack taken on May 29, 2015, #20 Exhibit T - excerpts from the deposition of Dante Massaro taken on June 2, 2015, #21 Exhibit V - excerpts from the 30(b)(6) deposition of Elevation Real Estate Group, LLC corporate representative Dante Massaro taken on December 13, 2016, #22 Exhibit W - excerpts from the deposition of Alexander Schmidt taken on June 2, 2015, #23 Exhibit X - Expert Rebuttal Report of Michael C. Weil, dated March 31, 2017, #24 Exhibit Y - excerpts from the deposition of Michael C. Weil taken on April 26, 2017, #25 Exhibit Z - excerpts from the 30(b)(6) deposition of Gemini Real Estate Advisors, LLC taken on December 16, 2016, #26 Exhibit BB - Letter from Brent Hall (UBS) to Christopher La Mack and Dante Massaro, dated September 5, 2014 Re: Loans, #27 Exhibit CC - Letter from Dante Massaro to John J. Connelly, Jr. (UBS), dated October 14, 2014 Re: Gemini - Jade Bryant Park and Jade Seaport, #28 Exhibit DD - excerpts from the deposition of Brent N. Hall taken on July 30, 2015, #29 Exhibit EE - Letter Agreement from Douglas P. Hercher to Dante Massaro, dated November 13, 2014, #30 Exhibit FF - excerpts from the deposition of Douglas P. Hercher taken on June 24, 2015, #31 Exhibit GG - Letter from Evan Hurd (RobertDouglas) to Dante Massaro and Christopher La Mack, dated January 13, 2015 Re: meetings and phone and email conversations with potential purchasers, #32 Exhibit II - Letter of Intent from Atit M. Jariwala to Evan Hurd (RobertDouglas), dated March 6, 2015 Re: The Jade Hotel Greenwich Village, #33 Exhibit JJ - Chart entitled "Gemini New York Hotel Portfolio - Investment Sale", dated February 27, 2015, with an attached chart entitled "Letters of Intent: Summary Matrix", #34 Exhibit KK - email from Dante Massaro to Atit Jariwala and Evan Hurd (RobertDouglas), dated March 10, 2015 Re: Jade Hotel Offer, attaching a Letter of Intent, dated March 9, 2015, #35 Exhibit LL - Hotel Purchase and Sale Agreement Dated as of April 2, 2015 by and between 52 West 13th P, LLC and Bridgeton Acquisitions LLC, #36 Exhibit MM - Letter of Intent from Bob Ghassemieh (Atlantic Pearl Investments, Inc.) to Evan Hurd (RobertDouglas), dated March 3, 2015, #37 Exhibit NN - Letter from William T. Obeid to Dante Massaro, dated March 3, 2015 Re: Offer to Purchase The Seaport Inn at 33 Peck Slip, New York, NY, #38 Exhibit OO - email from William Obeid to Sondra Wenger, dated January 30, 2015 Re: Jade Bryant Park and Jade Seaport, #39 Exhibit PP - Email from Sondra Wenger to Will Obeid, dated February 7, 2015 Re: Connect, #40 Exhibit QQ - Letter of Intent from Hansji Corporation for 34-36 West 38th Street, New York City, #41 Exhibit RR - Purchase and Sale Agreement, dated July 10, 2015 between 36 West 38th Street, LLC and Hansji Corporation, #42 Exhibit SS - Letter of Intent from William T. Obeid to Dante Massaro, dated February 24, 2015 Re: Offer to Purchase 34-36 West 38th Street, New York, NY, #43 Exhibit TT - Hotel Management Agreement, effective as of May 15, 2009, by and between Gemini 280 Friend Street MT, LLC and Gemini Property Management, LLC, #44 Exhibit UU - Hotel Management Agreement by and between ERG JFK Hotel LLC and Gemini Property Management, LLC, dated as of June 30, 2012, #45 Exhibit VV - Hotel Management Agreement between 33 Peck Slip Acquisition LLC and 33 Peck Slip Property Management LLC, effective as of March 14, 2014, #46 Exhibit WW - Hotel Management Agreement between 1775 James Avenue LLC and Gemini Property Management LLC, as of March 17, 2014, #47 Exhibit XX - Mortgage Loan No. 13105 Assignment and Subordination of Management Agreement, effective as of June 25, 2013, #48 Exhibit YY - Mortgage Loan No. 13116 Assignment and Subordination of Management Agreement, as of November 21, 2013, #49 Exhibit ZZ - Hotel Management Agreement, effective as of January 14, 2008, #50 Exhibit AAA - Hotel Management Agreement, effective as of December 29, 2006, #51 Exhibit BBB - Hotel Management Agreement, dated as of February 22, 2007, #52 Exhibit CCC - Hotel Management Agreement by and between Gemini 135 East Houston MT, LLC and Gemini Property Management, LLC, #53 Exhibit DDD - Subcontract Hotel Management Agreement by and between Gemini Property Management, LLC and Bridgeton Hotel Management LLC, effective as of January 26, 2015, #54 Exhibit EEE - Written Consent of the Sole Member of Gemini Property Management, LLC, dated January 23, 2015, #55 Exhibit FFF - excerpts from the deposition of Steven Cius taken on February 19, 2016, #56 Exhibit LLL - excerpts from the deposition of James Goldberg taken on April 14, 2016, #57 Exhibit MMM - excerpts from the deposition of Joseph DaGrosa, Jr. taken on March 11, 2016, #58 Exhibit NNN - Letter of Intent from Joseph E. DaGrosa, Jr. to William Obeid, dated June 19, 2015 Re: Letter of Intent (Purchase - The Jade Hotel Greenwich Village), #59 Exhibit OOO - Letter of Interest from Macrolink Holding Co., Ltd. to William Obeid, dated June 19, 2015 Re: the Wyndham Chelsea, #60 Exhibit PPP - excerpts from the deposition of Wulf Lueckerath taken on February 25, 2016, #61 Exhibit QQQ - William T. Obeid's Offer to Purchase 34-36 West 38th St., New York, NY, dated June 24, 2015, #62 Exhibit RRR - excerpts from the deposition of Douglas Hercher taken on June 2, 2017, #63 Exhibit SSS - excerpts from the deposition of Robert Friend Marcus taken on November 18, 2015, #64 Exhibit TTT - excerpts from the deposition of David Rosen taken on February 9, 2016, #65 Exhibit UUU - excerpts from the deposition of James Kot taken on February 26, 2016, #66 Exhibit VVV - Alvarez & Marshal Memo Re: Summary of Interview with Madison Technologies on February 12, 2016, #67 Exhibit XXX - Subcontract Hotel Management Agreement, dated December 29, 2006, between Gemini Management Company, LLC and Gemini Hospitality Management, LLC, #68 Exhibit YYY - Purchase and Sale Agreement, dated November 20, 2013, by and between Joe Comesana and Gemini Acquisition Company, LLC, #69 Exhibit ZZZ - Letter from Helen Zaver dated June 26, 2015 Re: marketing for Holiday Inn Express & Suites Boston Garden, #70 Exhibit AAAA - native spreadsheet Re: marketing activity, buyer activity, and offer summaries for the Boston HIEx, #71 Exhibit BBBB - Letter of Intent from Summit Hotel OP, LP, dated May 13, 2015 Re: the Boston HIEx, #72 Exhibit CCCC - Letter of Intent from Newport Hotel Group, dated June 19, 2015 Re: the Boston HIEx, #73 Exhibit DDDD - Letter of Intent from RLJ Lodging Acquisitions, dated June 19, 2015 Re: the Boston HIEx, #74 Exhibit EEEE - Letter of Intent from Hersha Hospitality Trust, dated June 19, 2015 Re: the Boston HIEx, #75 Exhibit FFFF - Letter of Intent from Bridgeton Acquisitions LLC, dated June 19, 2015 Re: the Boston HIEx, #76 Exhibit GGGG - Fourth Amendment to Purchase and Sale Agreement dated September 15, 2016, #77 Exhibit HHHH - Promissory Note by and between 1775 James Avenue, LLC and William T. Obeid, dated November 2, 2016, #78 Exhibit IIII - excerpts from the deposition of Scott Fowler taken on May 23, 2017, #79 Exhibit JJJJ - excerpts from the deposition of Embree Bedsole taken on April 28, 2017, #80 Exhibit KKKK - excerpts from the deposition of E. Jonathan Falik taken on May 1, 2017, #81 Exhibit MMMM - Limited Partnership Agreement of Gemini Real Estate Partners, LP, dated February 7, 2011, #82 Exhibit NNNN - Non-Circumvent Non-Disclosure and Fee Agreements for the Jade Hotel Greenwich Village New York, NY, the Holiday Inn Express Boston Garden, Boston, MA, and the Wyndham Garden Chelsea/Madison Park, New York, NY, #83 Exhibit OOOO - Settlement Statement related to property located at 1775 James Avenue, Miami Beach, FL, dated November 2, 2016, #84 Exhibit PPPP - Hotel Management Agreement by and between Gemini 305 West 39th Street MT, LLC and Gemini Property Management, LLC)(Muckenfuss, Robert)
May 17, 2018 Opinion or Order Filing 728 DECLARATION of Locke Beatty (WITH UNSEALED EXHIBITS, PURSUANT TO APRIL 27, 2018 ORDER AT ECF NO. 720) in Support re: #432 MOTION for Summary Judgment .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit 1 - excerpts from the deposition of Elevation taken on December 13, 2016, #2 Exhibit 2 - email from Bill Stelma to Garrett Giusti and Chris La Mack dated April 16, 2015, #3 Exhibit 3 - email from Barbara Guillote to Dennis Esselman dated May 22, 2015, #4 Exhibit 4 - email from Neil Barve to Tim Mackey dated January 22, 2015)(Beatty, R.)
May 16, 2018 Opinion or Order Filing 727 DECLARATION of Joshua N. Paul (With UNSEALED Exhibit) in Support re: #464 MOTION for Summary Judgment .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1 - J. Gardemal deposition transcript excerpts, dated June 5, 2017)(Cooper, Emilie)
May 16, 2018 Opinion or Order Filing 726 DECLARATION of Emilie B. Cooper (With UNSEALED Exhibits) in Support re: #464 MOTION for Summary Judgment .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1 - Obeid deposition transcript excerpts (5/5/15), #2 Exhibit 2 - Amended and Restated Limited Liability Company Agreement, #3 Exhibit 3 - La Mack deposition transcript excerpts (3/24/16), #4 Exhibit 4 - Massaro deposition transcript excerpts, #5 Exhibit 5 - Amendment No. 1 to Limited Liability Company Agreement, #6 Exhibit 6 - A. Jariwala deposition transcript excerpts (3/9/16), #7 Exhibit 7 - A. Jariwala deposition transcript excerpts (3/10/16), #8 Exhibit 8 - Obeid deposition transcript excerpts (3/18/16), #9 Exhibit 9 - Email from Atit Jariwala to Brian Clark, #10 Exhibit 10 - Bridgeton Holdings LLC Portfolio spreadsheet, #11 Exhibit 11 - Email with attachment from Atit Jariwala to Chris La Mack, Will Obeid, and Dante Massaro, #12 Exhibit 12 - Separation, Redemption and Release Agreement, #13 Exhibit 13 - La Mack deposition transcript excerpts (12/16/16), #14 Exhibit 15 - Cline Rebuttal Expert Report, #15 Exhibit 16 - Hotel Management Agreement by and between Gemini Friend Street MT, LLC and Gemini Property Management, LLC, #16 Exhibit 17 - Hotel Management Agreement by and between Gemini 305 West 39th Street MT, LLC and Gemini Property Management, LLC, #17 Exhibit 18 - Hotel Management Agreement by and between Gemini Management Company, LLC and 300 West 22 Realty LLC and 300 West 22 Retail LLC, #18 Exhibit 19 - Hotel Management Agreement by and between Gemini 449 West 36 Street MT, LLC and Gemini Management Company, LLC, #19 Exhibit 20 - Assignment and Subordination of Management Agreement, #20 Exhibit 21 - Hotel Management Agreement by and between ERG JFK Hotel LLC, as Owner, and Gemini Property Management, LLC, as Manager, #21 Exhibit 22 - Hotel Management Agreement between 1775 James Avenue LLC, as Owner, and Gemini Property Management LLC, as Manager, for Hotel 18, #22 Exhibit 23 - Hotel Management Agreement by and between Gemini 442 West 36th Street MT, LLC and Gemini Property Management, LLC, #23 Exhibit 24 - Hotel Management Agreement between 33 Peck Slip Acquisition LLC, as Owner, and 33 Peck Slip Property Management LLC, #24 Exhibit 25 - Assignment and Subordination of Management Agreement, #25 Exhibit 26 - Hotel Management Agreement by and between Gemini 135 East Houston MT, LLC and Gemini Property Management, LLC, #26 Exhibit 27 - Memorandum from Daniel F. Cullen, Esq. to Gemini Real Estate Advisors, LLC Legal Files, #27 Exhibit 39 - Hercher deposition transcript excerpts (6/24/15), #28 Exhibit 43 - Email chain between Brent Hall, Dante Massaro, and Chris La Mack, #29 Exhibit 44 - Letter agreement, #30 Exhibit 45 - Massaro deposition transcript excerpts (6/2/15), #31 Exhibit 46 - La Mack deposition transcript excerpts (5/29/15), #32 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 1), #33 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 2), #34 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 3), #35 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 4), #36 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 5), #37 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 6), #38 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 7), #39 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala (Part 8), #40 Exhibit 49 - Bedsole deposition transcript excerpts (4/28/17), #41 Exhibit 50 - Email chain between Ritesh Jariwala, Bill Stelma, Steve Cius, Jerry Jeter, and Atit Jariwala, #42 Exhibit 51 - Stelma deposition transcript excerpts (1/5/16), #43 Exhibit 52 - Cius deposition transcript excerpts (2/19/16), #44 Exhibit 53 - Email with attachment from Ritesh Jariwala to Atit Jariwala, #45 Exhibit 54 - R. Jariwala deposition transcript excerpts (12/22/15), #46 Exhibit 55 - Written Consent of the Sole Member of Gemini Property Management, LLC, #47 Exhibit 56 - Subcontract Hotel Management Agreement, #48 Exhibit 57 - Email from William Obeid to Dante Massaro, #49 Exhibit 58 - Hotel Management Agreement by and between Gemini 37 West 24th Street MT, LLC and Gemini Property Management, LLC, #50 Exhibit 59 - Hotel Management Agreement by and between 52 West 13th P LLC and Gemini Property Management, LLC, #51 Exhibit 60 - Subcontract Hotel Management Agreement by and between Gemini Management Company, LLC and Gemini Hospitality Management, LLC, #52 Exhibit 61 - Email chain between Dante Massaro, Atit Jariwala, and Chris La Mack, #53 Exhibit 62 - Email with attachment from William Obeid to pfisch, Dante Massaro, and Atit Jariwala, #54 Exhibit 63 - Hotel Management Agreement by and between ERG JFK Hotel LLC, as owner and Gemini Property Management, LLC, as Manager, #55 Exhibit 64 - Expert Report of Joseph T. Gardemal III, #56 Exhibit 65 - Expert Report of Embree C. Bedsole, #57 Exhibit 66 - Confidential Gemini Update for Will Obeid, #58 Exhibit 67 - Confidential Gemini Update for Will Obeid, #59 Exhibit 68 - Confidential Gemini Update for Will Obeid, #60 Exhibit 72 - Confidential Gemini Update for Will Obeid 4Q2016, #61 Exhibit 73 - Confidential Gemini Update for Will Obeid 1Q2017, #62 Exhibit 74 - 1775 James Avenue Settlement Statement, #63 Exhibit 75 - Melling deposition transcript excerpts (11/10/15), #64 Exhibit 76 - Email chain with attachments between Manleen Singh, Mark LaConte, Jeffery Haroldson, and Scott Gautier (Part 1), #65 Exhibit 76 - Email chain with attachments between Manleen Singh, Mark LaConte, Jeffery Haroldson, and Scott Gautier (Part 2), #66 Exhibit 77 - Email chain between Atit Jariwala, Victor Zajdel, and Akash Sharma, #67 Exhibit 78 - Email with attachment from Victor Zajdel to Atit Jariwala and Akash Sharma, #68 Exhibit 79 - Draft letter from Dante Massaro to Atit Jariwala, #69 Exhibit 80 - Email chain between Atit Jariwala, Mark Konarski, Tal Bar-Or, and Rael Gervis, #70 Exhibit 81 - Email chain between Mark Konarski and Atit Jariwala, #71 Exhibit 82 - Letter of Intent to acquire the property 52 West 13th Street, #72 Exhibit 83 - Email from Douglas Hercher to Lindsey Whang, David Smith, and Evan Hurd, #73 Exhibit 84 - Letter of Intent to Purchase Jade Hotel, #74 Exhibit 85 - Email chain between David Smith, Rex Hakimian, Evan Hurd, and Douglas Hercher, #75 Exhibit 86 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #76 Exhibit 87 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #77 Exhibit 88 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #78 Exhibit 89 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #79 Exhibit 91 - Email chain with attachment between Helen Zaver to Dante Massaro, Chris La Mack, Chris Melling, Brian Munn, and Phillipa Wood, #80 Exhibit 92 - Microsoft Excel spreadsheet, #81 Exhibit 93 - Falik deposition transcript excerpts (5/1/17), #82 Exhibit 94 - Letter from Evan Hurd to Dante Massaro and Chris La Mack, #83 Exhibit 96 - Marcus & Millichap Real Estate Investment Services Representation Agreement, #84 Exhibit 97 - Appraisal of Real Property for Jade Hotel Greenwich Village (Part 1), #85 Exhibit 97 - Appraisal of Real Property for Jade Hotel Greenwich Village (Part 2), #86 Exhibit 97 - Appraisal of Real Property for Jade Hotel Greenwich Village (Part 3), #87 Exhibit 97 - Appraisal of Real Property for Jade Hotel Greenwich Village (Part 4), #88 Exhibit 98 - The Jade Hotel, Greenwich Village Confidential Brokers Opinion of Value, Nov. 2014 (Part 1), #89 Exhibit 98 - The Jade Hotel, Greenwich Village Confidential Brokers Opinion of Value, Nov. 2014 (Part 2), #90 Exhibit 99 - The Jade Hotel, Greenwich Village Confidential Brokers Opinion of Value, Dec. 2014, #91 Exhibit 100 - Letter from Douglas Hercher to Dante Massaro, #92 Exhibit 101 - Email from Michael Sullivan to Atit Jariwala, #93 Exhibit 102 - Email chain with attachment between Atit Jariwala, Dante Massaro, Evan Hurd, Chris La Mack, and Chris Melling, #94 Exhibit 103 - Letter of Intent to purchase The Jade Hotel Greenwich Village, #95 Exhibit 104 - Hotel Purchase and Sale Agreement by and between 52 West 13th P, LLC, as the Seller, and Bridgeton Acquisitions, LLC, as the Purchaser, #96 Exhibit 105 - Email chain between Will Obeid, Terrence Lowenberg, Elizabeth Andrews, Steve Cius, Ritesh Jariwala, and Atit Jariwala, #97 Exhibit 106 - Affidavit of David Amirian, #98 Exhibit 108 - Marcus & Millichap Offering Memorandum for Holiday Inn Express & Suites Boston Garden (Part 1), #99 Exhibit 108 - Marcus & Millichap Offering Memorandum for Holiday Inn Express & Suites Boston Garden (Part 2), #100 Exhibit 109 - Microsoft Excel spreadsheet, #101 Exhibit 110 - Letter from Helen Zaver to Dante Massaro, Chris La Mack, and Chris Melling, #102 Exhibit 111 - Appraisal of Real Property for Holiday Inn Express & Suites Boston Garden, #103 Exhibit 112 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #104 Exhibit 113 - Hotel Purchase and Sale Agreement by and between Gemini 280 Friend MT, LLC, as the Seller, and Bridgeton Acquisitions LLC, as the Purchaser, #105 Exhibit 119 - Hotel Purchase and Sale Agreement by and between 52 West 13th P, LLC, as the Seller, and Bridgton Acquisitions, as the Purchaser, #106 Exhibit 124 - Email with attachment from Douglas Hercher to Chris La Mack, Scott Gautier, Lorie Ball, Howard Weg, Evan Hurd, David Smith, and Caroline Tyson, #107 Exhibit 125 - Letter from David Amirian to Atit Jariwala, #108 Exhibit 127 - Email chain between Stephen OConnor, GeminiNYHotelPortfolio, and Douglas Hercher, #109 Exhibi
May 16, 2018 Opinion or Order Filing 725 RULE 56.1 STATEMENT. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
May 11, 2018 Opinion or Order Filing 724 MEMORANDUM OF LAW in Opposition re: #713 MOTION for Reconsideration re; #711 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Leave to File Supplemental or Amended Pleading . . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
May 11, 2018 Opinion or Order Filing 723 MEMORANDUM OF LAW in Opposition re: #713 MOTION for Reconsideration re; #711 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Leave to File Supplemental or Amended Pleading . . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
May 9, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 5/9/2018. (ajc)
May 9, 2018 Opinion or Order Set/Reset Hearings: Follow up Telephone Conference set for 5/15/2018 at 04:30 PM before Magistrate Judge Henry B. Pitman. (ajc)
May 1, 2018 Opinion or Order Filing 722 MEMORANDUM OPINION AND ORDER ( UNSEALED PURSUANT TO ORDER DATED MAY 1, 2018): For the foregoing reasons the Court denies Elevation's motion for summary judgment dismissing Plaintiff's unjust enrichment claims with respect to the usurpation of Gemini's corporate opportunity to develop Edgewater Place and the work of Feurtado and Harnett, but grants summary judgment dismissing the balance of Plaintiff's unjust enrichment claims (15th Cause of Action) and all of his conversion claims (11th Cause of Action) against Elevation. Individual Defendants' motion for summary judgment is denied with respect to Plaintiff's claims that: Individual Defendants breached their duty of care in selecting Bridgeton to sub-manage Gemini's hotels; Individual Defendants breached their duties of loyalty and care in failing to cure Hotel 18's default; Individual Defendants breached their duty of loyalty by diverting Gemini funds to pay Forge, directing Guillote to establish G2's infrastructure, and directing Feurtado and Harnett to perform work for Elevations benefit; Individual Defendants usurped Gemini's corporate opportunity to acquire Edgewater Place (1st and 2nd Causes of Action); and that Individual Defendants converted Gemini's funds to pay Forge (11th Cause of Action). Individual Defendants' motion for summary judgment is granted dismissing the balance of Plaintiffs claims for breach of fiduciary duty (1st and 2nd Causes of Action) and conversion (11th Cause of Action) and the entirety of Plaintiff's unjust enrichment claim (15th Cause of Action). Bridgeton's motion for summary judgment is granted in its entirety (14th, 16th, and 17th Causes of Action). Plaintiff's motion for summary judgment is granted dismissing Individual Defendants SCA counterclaim (2nd Counterclaim), breach of fiduciary duty counterclaim with respect to Plaintiff's actions to acquire Hotel 18 and use of the $430,000 distribution, execution of the Macrolink letter, and execution of the SRM agreements (6th Counterclaim). Plaintiff's motion for summary judgment is also granted dismissing Individual Defendants' counterclaims for breaches of sections 4.2.1.9, 4.2.1.10, and 4.2.1.3 of the 2009 Agreement with respect to Plaintiff's execution of the Macrolink letter of interest and section 4.2.1.10 with respect to his retention of SRM (5th Counterclaim). Plaintiff's summary judgment motion is denied as to the alleged breaches of section 5.16 with respect to the acquisition of Hotel 18, the $430,000 distribution, Plaintiff's retention of SRM, and Plaintiff's execution of the Macrolink letter, and Plaintiff's alleged breaches of section 4.2.1.10 with respect to the acquisition of Hotel 18 and the $430,000 distribution (5th Counterclaim). Plaintiff's motion is also denied as to Individual Defendants' counterclaims for violation of the CFAA (1st Counterclaim), FWA (3rd Counterclaim), fraud (4th Counterclaim), breach of the implied duty of good faith and fair dealing (7th Counterclaim), and breach of fiduciary duty with respect to Plaintiff's computer monitoring (6th Counterclaim). Plaintiff's derivative claims brought on behalf of Gemini Asset Management, LLC, Gemini Hotel Manager, LLC, Gemini Realty GP, LLC, Gemini Realty Trust, Inc., Gemini Property Advisor, LLC, Gemini Acquisition Subsidiary, LLC, GCM Olean, LLC, Gemini Dunbar Mezz Lender, LLC, Gemini Hospitality Management, LLC, Gemini Hospitality Advisors, LLC, GMP Funding, LLC, GMP Parent, LLC, GMP Manager, LLC, Gemini CP Operator, LLC, Gemini Real Estate Partners, LP, EWH Capital, LLC, Gemini Commercial Realty, LLC, Gemini 135 East Houston, LLC, Gemini 135 East Houston H, LLC, Gemini 442 West 36th Street, LLC, Gemini 442 West 36th Street H, LLC, Gemini 442 West 36th Street 30, LLC, Gemini 305 West 39th Street, LLC, Gemini 305 West 39th Street H, LLC, Gemini 305 West 39th Street 4, LLC, 300 West 22 Realty LLC, 300 West 22 Managing Member, LLC, 300 West 22 Retail, LLC, 52 West 13th P, LLC, 52 West 13th Holding, LLC, The Gem Hotel Union Square, LLC, Gemini 37 West 24th Street MT, LLC, Gemini 37 West 24th Street, LLC, Gemini NYC Hotel, LLC, Gemini JFK Hotel, LLC, Gemini 280 Friend Street MT, LLC, Gemini 280 Friend Street JV, LLC, 36 West 38th Street Holding, LLC, 36 West 38th Street, LLC, 33 Peck SlipAcquisition, LLC, 33 Peck Slip Holding, LLC, 33 Peck Slip Property Management, LLC, 1775 James Avenue, LLC, 1775 James Avenue Holding, LLC, LLC, Gemini Boynton Beach S, LLC, Gemini Town Center M, LLC, Gemini Real Estate Ranch Lake, LLC, Gemini Ranch Lake Member, LLC, Gemini Tamiami, LLC, Gemini Tamiami H, LLC, Gemini Centerville Galleria LLC, Gemini Centerville Galleria H, LLC, Gemini Centerville Outparcel, LLC, Gemini East West, LLC, Gemini East West H, LLC, Gemini Indian Creek, LLC, Gemini Indian Creek H, LLC, Gemini Real Estate Indian Creek, LLC, Gemini Real Estate Indian Creek Member, LLC, Gemini DuBois Mall, LLC, Gemini DuBois Mall H, LLC, DuBois Venture 1, LLC, LLC, Gemini Johnstown Galleria, LLC, Gemini Johnstown Galleria S, LLC, Gemini Realty Harper Crossing, LLC, Gemini Realty Harper Crossing Member, LLC, Gemini River Ridge, LLC, Gemini River Ridge H, LLC, Gemini Youngsville Crossing, LLC, Gemini Youngsville Crossing M, LLC, Gemini Youngsville Crossing Manager, LLC, SPEBNE Acquisitions, LLC, Gemini Parkway Plaza, LLC, Gemini Parkway Plaza H, LLC, Gemini Rio Norte H GP, LLC, Gemini Rio Norte, LLC, Gemini Rio Norte H, LLC, Gemini Rowlett Crossing, LP, Gemini Rowlett Crossing H GP, LP, Gemini Rowlett Crossing S GP, LP, Gemini Rowlett Crossing Holdings, LLC, Gemini Rowlett Crossing H, LLC, Gemini Rowlett Crossing S, LLC, Gemini Richardson Square, LP, Gemini Richardson Square GP, LLC, Gemini Richardson Square Investors, LLC, Richardson Village Holdings, LLC, Gemini OF III Richardson Square, LLC, Gemini College Plaza, LLC, Gemini College Plaza H, LLC, Gemini Opportunity Fund I, LLC, Gemini Opportunity Fund III, LLC, Gemini Opportunity Fund IV, LLC, Gemini New York HospitalityFund, LLC, Gemini Fund 5, LLC, and Gemini Olean Mezz Lender, LLC are dismissed. The Court grants Bridgeton and Individual Defendants' motions to strike Plaintiff's Local Civil Rule 56.1 responses in part, as explained in Section II B. The Court also denies Individual Defendants' motion in limine to exclude evidence of confidential settlement negotiations from this motion practice and trial, without prejudice to renewal in connection with trial preparation. The final pretrial conference scheduled for May 4, 2018 is hereby adjourned to July 18, 2018 at noon in Courtroom 17C and all related deadlines are hereby modified in accordance with the pretrial scheduling order (Docket Entry No. 423), as subsequently modified. All prior trial-related submissions must be revised to reflect the determinations set forth in the Opinion. The parties must meet promptly with Magistrate Judge Pitman for settlement purposes. This order resolves Docket Entry Nos. 432, 454, 464, 468, 524, 525, and 543. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/30/2018) Copies Mailed By Chambers. (ama)
May 1, 2018 Opinion or Order Filing 721 ORDER: In conjunction with its memorandum opinion and order resolving the parties' motions for summary judgment, entered under seal on March 30, 2018 (the "Opinion," Docket Entry No. 712), the Court entered an order (the "Order," Docket Entry No. 711) directing each party to file a declaration and memorandum of law no later than April 9, 2018, proposing and justifying any redactions to the Opinion before it is publicly filed. No party has proposed any redactions to the Opinion or otherwise objected to its public filing. Accordingly, the Clerk of Court is directed to unseal Docket Entry No. 712 in the Court record only. An electronic copy of the Opinion, noting that it was originally filed under seal, will be publicly filed on ECF. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/01/2018) (ama)
May 1, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #721 Order,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
May 1, 2018 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 7/18/2018 at 12:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (ama)
April 27, 2018 Opinion or Order Filing 720 ORDER REQUIRING PUBLIC FILING OF SUMMARY JUDGMENT SUBMISSIONS: granting #715 Motion to Seal Document. After carefully considering the submission, the Court concludes that Massaro, La Mack, and Elevation have justified the redaction and/or continued sealed filing of the documents identified specifically in Docket Entry No. 715, which were previously filed under seal with the Court in connection with the summary judgment motion practice and include employee salary information, health and medical information, and personal financial information. All of the parties to this action are hereby directed to publicly file on the ECF system all other documents that they previously filed under seal in connection with their summary judgment motion practice, no later than May 18, 2018. (Signed by Judge Laura Taylor Swain on 4/27/2018) (ap)
April 24, 2018 Opinion or Order Filing 719 MEMO ENDORSEMENT on re: #717 Letter, filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. ENDORSEMENT: COUNSEL FOR THE BRIDGETON DEF'TS NEED NOT PARTICIPATE IN THE 5-9-18 CONFERENCE CALL. (Signed by Magistrate Judge Henry B. Pitman on 4/24/2018) (ras)
April 24, 2018 Opinion or Order Filing 718 STIPULATION AND ORDER EXTENDING DEFENDANTS TIME TO RESPOND TO PLAINTIFF'S MOTION FOR RECONSIDERATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for the parties, subject to the approval of the Court, as follows: 1. The time for Defendants Christopher La Mack, Dante Massaro (together the "Individual Defendants"), Elevation Real Estate Group, LLC ("Elevation"), Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, and Atit Jariwala (collectively "Bridgeton") to file their oppositions to the Motion for Reconsideration is hereby extended to May 11, 2018. 2. Obeid's time to file his reply in further support of the Motion for Reconsideration is hereby extended to May 30, 2018. 3. This stipulation may be executed in counterparts via facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one stipulation. DE #716 resolved. IT IS SO ORDERED. (Responses due by 5/11/2018. Replies due by 5/30/2018). Motions terminated: #716 LETTER MOTION for Extension of Time to File Opposition to Motion for Reconsideration (May 11, 2018) and Reply to Motion for Consideration (May 30, 2018) addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated April 20, 2018. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Signed by Judge Laura Taylor Swain on 4/24/2018) (rjm)
April 23, 2018 Opinion or Order Filing 717 LETTER addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated April 23, 2018 re: May 9, 2018 Pre-Settlement Conference Call. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
April 23, 2018 Opinion or Order Set/Reset Hearings: Telephone Conference set for 5/9/2018 at 09:30 AM before Magistrate Judge Henry B. Pitman. (ajc)
April 20, 2018 Opinion or Order Filing 716 LETTER MOTION for Extension of Time to File Opposition to Motion for Reconsideration (May 11, 2018) and Reply to Motion for Consideration (May 30, 2018) addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated April 20, 2018. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Text of Proposed Order Stipulation and [Proposed] Order Extending Defendants Time to Respond to Plaintiff's Motion for Reconsideration)(Muckenfuss, Robert)
April 16, 2018 Opinion or Order Filing 715 LETTER MOTION to Seal Document addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated April 16, 2018. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
April 13, 2018 Opinion or Order Filing 714 MEMORANDUM OF LAW in Support re: #713 MOTION for Reconsideration re; #711 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Leave to File Supplemental or Amended Pleading . . Document filed by William T. Obeid. (Stocks, Remy)
April 13, 2018 Opinion or Order Filing 713 MOTION for Reconsideration re; #711 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ., MOTION for Leave to File Supplemental or Amended Pleading . Document filed by William T. Obeid.(Stocks, Remy)
April 11, 2018 Opinion or Order Filing 712 SEALED DOCUMENT placed in vault.(rz)
March 30, 2018 Opinion or Order Filing 711 ORDER: granting in part and denying in part #432 Motion for Summary Judgment; granting in part and denying in part #454 Motion for Summary Judgment; granting #464 Motion for Summary Judgment; granting in part and denying in part #468 Motion for Summary Judgment; granting in part #524 Motion to Strike ; granting in part #525 Motion to Strike ; denying without prejudice to renewal #543 Motion in Limine. Today the Court filed under seal and provided directly to counsel for the parties its Memorandum Opinion and Order (the "Opinion") resolving the parties' motions for summary judgment (Docket Entry Nos. 432, 454, 464, and 468), motions to strike (Docket Entry Nos. 524 and 525), and motion in limine (Docket Entry No. 543). The Opinion includes references to materials that were filed under seal. The Opinion will be maintained under seal temporarily to permit the parties to file any requests for redaction of specific information. Counsel for the parties must file any requests for redaction of the Opinion by April 9, 2018. Any such request must specify the page and line numbers of the material to be redacted and must be supported by information and legal analysis sufficient to address the interests discussed above. The Court will file the Opinion publicly, with any approved redactions, on or after April 10, 2018. Counsel must file any requests for continued sealed treatment of papers that were filed under seal in connection with the motion practice by April 16, 2018. Any such requests must be specific and must be supported by information and legal analysis sufficient to address the interests discussed above. The submissions will be unsealed to the appropriate extent following the Court's review of any timely requests. The Opinion resolves the parties' motions as follows: The Court denies Elevations motion for summary judgment dismissing Plaintiff's unjust enrichment claims with respect to the usurpation of Gemini's corporate opportunity to develop Edgewater Place and the work of Feurtado and Harnett, but grants summary judgment dismissing the balance of Plaintiff's unjust enrichment claims (15th Cause of Action) and all of his conversion claims (11th Cause of Action) against Elevation. Individual Defendants' motion for summary judgment is denied with respect to Plaintiff's claims. Bridgeton's motion for summary judgment is granted in its entirety (14th, 16th, and 17th Causes of Action). Plaintiff's motion for summary judgment is granted dismissing Individual Defendants Stored Communications Act, 18 U.S.C. 2701 et seq., counterclaim (2nd Counterclaim), breach of fiduciary duty counterclaim with respect to Plaintiff's actions toacquire Hotel 18 and use of the $430,000 distribution, execution of the Macrolink letter, and execution of the SRM agreements (6th Counterclaim). Plaintiff's motion for summary judgment is also granted dismissing Individual Defendants' counterclaims for breaches of sections 4.2.1.9, 4.2.1.10, and 4.2.1.3 of the 2009 Agreement with respect to Plaintiff's execution of the Macrolink letter of interest and section 4.2.1.10 with respect to his retention of SRM (5th Counterclaim). Plaintiff's summary judgment motion is denied as to the alleged breaches of section 5.16 with respect to the acquisition of Hotel 18, the $430,000 distribution, Plaintiff's retention of SRM, and Plaintiff's execution of the Macrolink letter, and Plaintiff's alleged breaches of section 4.2.1.10 with respect to the acquisition of Hotel 18 and the $430,000 distribution (5th Counterclaim). Plaintiff's motion is also denied as to Individual Defendants' counterclaims for violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030 et seq. (1st Counterclaim), the Federal Wiretap Act, 18 U.S.C. 2511 et seq. (3rd Counterclaim), fraud (4th Counterclaim), breach of the implied duty of good faith and fair dealing (7th Counterclaim), and breach of fiduciary duty with respect to Plaintiff's computer monitoring (6th Counterclaim). The Court grants Bridgeton and Individual Defendants motions to strike Plaintiff's Local Civil Rule 56.1 responses in part, as explained in Section II B of the Opinion. The Court also denies Individual Defendants' motion in limine to exclude evidence of confidential settlement negotiations from this motion practice and trial, without prejudice torenewal in connection with trial preparation. The final pretrial conference scheduled for May 4, 2018 is hereby adjourned to July 18, 2018 at noon in Courtroom 17C and all related deadlines are hereby modified in accordance with the pretrial scheduling order (Docket Entry No. 423), as subsequently modified. All prior trial-related submissions must be revised to reflect the determinations set forth in the Opinion. The parties must meet promptly with Magistrate Judge Pitman for settlement purposes. This order resolves Docket Entry Nos. 432, 454, 464, 468, 524, 525, and 543. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/30/2018) (ama) Modified on 3/30/2018 (ama).
March 30, 2018 Opinion or Order Set/Reset Deadlines: ( Motions due by 4/16/2018.), Set/Reset Hearings:( Final Pretrial Conference set for 7/18/2018 at 12:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (ama)
February 27, 2018 Opinion or Order Filing 710 ORDER: denying without prejudice to renewal by formal motion #461 Motion ; denying without prejudice to renewal by formal motion #566 Motion in Limine; denying without prejudice to renewal by formal motion #569 Motion to Preclude; denying without prejudice to renewal by formal motion #572 Motion to Preclude; denying without prejudice to renewal by formal motion #575 Motion to Preclude; denying without prejudice to renewal by formal motion #578 Motion to Preclude; denying without prejudice to renewal by formal motion #581 Motion to Preclude; denying without prejudice to renewal by formal motion #585 Motion in Limine; denying as moot #592 Motion for Sanctions; denying as moot #595 Motion in Limine; denying without prejudice to renewal by formal motion #597 Motion in Limine; denying without prejudice to renewal by formal motion #600 Motion in Limine; denying without prejudice to renewal by formal motion #603 Motion in Limine; denying without prejudice to renewal by formal motion #606 Motion in Limine; denying without prejudice to renewal by formal motion #609 Motion in Limine; denying as moot #708 Letter Motion for Leave to File Document. The parties to this action have filed several motions to exclude, motions in limine, and motions for sanctions with respect to evidence and testimony to be introduced at trial. (Docket Entry Nos. 461, 566, 569, 572, 575, 578, 581, 585, 592, 595, 597, 600, 603, 606, 609.) In light of the pending motions for summary judgment, the Court's consideration of such motions would be premature. Therefore, the aforementioned motions are hereby denied without prejudice to renewal following the Court's decision in the pending summary judgment motion practice. Plaintiff's motion to file a sur-reply in response to Docket Entry Nos. 592 and 595 is denied as moot. (Docket Entry No. 708). This order resolves Docket Entry Nos. 461, 566, 569, 572, 575, 578, 581, 585, 592, 595, 597, 600, 603, 606, 609, and 708. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/27/2018) (ama)
February 20, 2018 Opinion or Order Filing 709 LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated February 20, 2018 re: #708 LETTER MOTION for Leave to File Sur-Replies addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated February 16, 2018. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
February 16, 2018 Opinion or Order Filing 708 LETTER MOTION for Leave to File Sur-Replies addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated February 16, 2018. Document filed by William T. Obeid.(Stocks, Remy)
February 16, 2018 Opinion or Order Filing 707 NOTICE OF CHANGE OF ADDRESS by Noreen Anne Kelly on behalf of Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. New Address: McGuireWoods LLP, 1251 Avenue of the Americas, 20th Floor, New York, New York, USA 10020, 212-548-7025. (Kelly, Noreen)
February 15, 2018 Opinion or Order Filing 706 SEALED DOCUMENT placed in vault.(mps)
February 14, 2018 Opinion or Order Filing 705 LETTER addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated February 14, 2018 re: February 13, 2018 Order - Missing Exhibit. Document filed by William T. Obeid. (Attachments: #1 Supplemental Declaration of Alexander D. Pencu)(Stocks, Remy)
February 13, 2018 Opinion or Order Filing 704 ORDER: In support of his opposition to Elevation Real Estate Group, LLC's motion for summary judgment (Docket Entry No. 432), Plaintiff cites to "Pencu Decl., Ex. 76," in his S.D.N.Y. Local Rule 56.1 Counterstatement. (Docket Entry No. 447, paragraph 29.) As it appears that Alexander Pencu's declaration in opposition to Elevation's motion for summary judgment only contains 75 exhibits, Plaintiff is hereby ordered to file Exhibit 76 or otherwise correct its citation no later than February 16, 2018, it he wishes the Court to consider this evidence. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/13/2018) (ama)
January 24, 2018 Opinion or Order Filing 703 SEALED DOCUMENT placed in vault.(mps)
January 24, 2018 Opinion or Order Filing 702 SEALED DOCUMENT placed in vault.(mps)
January 23, 2018 Opinion or Order Filing 701 REPLY MEMORANDUM OF LAW in Support re: #603 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from proffering any expert testimony from Elene Karanicolas and N . Document filed by William T. Obeid. (Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 700 REPLY MEMORANDUM OF LAW in Support re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline. . Document filed by William T. Obeid. (Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 699 DECLARATION of Alexander D. Pencu in Reply and in Support re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, 3 & 4, #2 Exhibit 2, #3 Exhibit 5)(Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 698 REPLY MEMORANDUM OF LAW in Support re: #600 MOTION in Limine to exclude any testimony at trial by Peter S. Kaufman, who has been proffered as an expert rebuttal witness by defendants Christopher La Mack and Dante Massaro. . Document filed by William T. Obeid. (Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 697 REPLY MEMORANDUM OF LAW in Support re: #606 MOTION in Limine Excluding Portions of the Rebuttal Report and Testimony of Michael C. Weil. . Document filed by William T. Obeid. (Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 696 DECLARATION of Fria R. Kermani in Support re: #585 MOTION in Limine .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A - Falik deposition transcript excerpts, #2 Exhibit B - Witkoff B. Mufson employee profile, #3 Exhibit C - Cius deposition transcript excerpts)(Cooper, Emilie)
January 23, 2018 Opinion or Order Filing 695 REPLY MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Reply Memorandum Of Law In Further Support Of Its Motion In Limine No. 1 To Exclude Portions Of The Expert Report And Testimony Of E. Jonathan Falik. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
January 23, 2018 Opinion or Order Filing 694 REPLY MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Reply Memorandum Of Law In Further Support Of Its Motion In Limine No. 5 To Exclude Portions Of The Expert Report And Testimony Of Joseph T. Gardemal. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
January 23, 2018 Opinion or Order Filing 693 REPLY MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Reply Memorandum Of Law In Further Support Of Its Motion In Limine No. 4 To Preclude Evidence Concerning Bridgeton's Management Of The Gemini Hotels. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
January 23, 2018 Opinion or Order Filing 692 REPLY MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Reply Memorandum Of Law In Further Support Of Its Motion In Limine No. 3 To Preclude Evidence Concerning The Jade And Wyndham Bankruptcies. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
January 23, 2018 Opinion or Order Filing 691 DECLARATION of Alexander D. Pencu in Reply and in Support re: #597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B - E)(Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 690 REPLY MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Reply Memorandum Of Law In Further Support Of Its Motion In Limine No. 2 To Exclude The Peraino/Witkoff Email. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
January 23, 2018 Opinion or Order Filing 689 REPLY MEMORANDUM OF LAW in Support re: #597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit . Document filed by William T. Obeid. (Pencu, Alexander)
January 23, 2018 Opinion or Order Filing 688 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #695 Reply) - REPLY MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Reply Memorandum Of Law In Further Support Of Its Motion In Limine No. 1 To Exclude Portions Of The Expert Report And Testimony Of E. Jonathan Falik. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cyrulnik, Kevin) Modified on 1/29/2018 (db).
January 23, 2018 Opinion or Order Filing 687 SEALED DOCUMENT placed in vault.(mps)
January 23, 2018 Opinion or Order Filing 686 REPLY MEMORANDUM OF LAW in Support re: #578 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 685 REPLY MEMORANDUM OF LAW in Support re: #569 MOTION to Preclude Testimony by Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 684 REPLY MEMORANDUM OF LAW in Support re: #581 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 683 REPLY MEMORANDUM OF LAW in Support re: #572 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 682 REPLY MEMORANDUM OF LAW in Support re: #575 MOTION to Preclude Testimony by Plaintiff's Designated Expert Andy Antunez. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 681 REPLY MEMORANDUM OF LAW in Support re: #595 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 680 REPLY MEMORANDUM OF LAW in Support re: #566 MOTION in Limine to Preclude Plaintiff from Introducing Speculative Testimony or Argument Related to Alleged Secret Kickbacks. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 23, 2018 Opinion or Order Filing 679 REPLY MEMORANDUM OF LAW in Support re: #592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 19, 2018 Opinion or Order Filing 678 ORDER: In light of the pending motions for summary judgment, the pretrial conference scheduled for January 26, 2018 is hereby adjourned to May 4, 2018 at 12:30 p.m. in Courtroom 17C. SO ORDERED., ( Final Pretrial Conference set for 5/4/2018 at 12:30 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/19/2018) (ama)
January 10, 2018 Opinion or Order Filing 677 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 676 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 675 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 674 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 673 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 672 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 671 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 670 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 669 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 668 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 667 SEALED DOCUMENT placed in vault.(rz)
January 10, 2018 Opinion or Order Filing 666 SEALED DOCUMENT placed in vault.(mps)
January 10, 2018 Opinion or Order Filing 665 DECLARATION of Alexander D. Pencu in Opposition re: #585 MOTION in Limine .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-6)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 664 MEMORANDUM OF LAW in Opposition re: #585 MOTION in Limine . . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 663 MEMORANDUM OF LAW in Opposition re: #585 MOTION in Limine . . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 662 DECLARATION of Alexander D. Pencu in Opposition re: #569 MOTION to Preclude Testimony by Plaintiff's Designated Expert Embree C. Bedsole.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-20)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 661 DECLARATION of Alexander D. Pencu in Opposition re: #585 MOTION in Limine .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 660 MEMORANDUM OF LAW in Opposition re: #569 MOTION to Preclude Testimony by Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 659 DECLARATION of Alexander D. Pencu in Opposition re: #578 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-12)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 658 MEMORANDUM OF LAW in Opposition re: #578 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 657 DECLARATION of Alexander D. Pencu in Opposition re: #581 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A & B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 656 MEMORANDUM OF LAW in Opposition re: #581 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 655 DECLARATION of Alexander D. Pencu in Opposition re: #566 MOTION in Limine to Preclude Plaintiff from Introducing Speculative Testimony or Argument Related to Alleged Secret Kickbacks.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1 through 24)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 654 MEMORANDUM OF LAW in Opposition re: #566 MOTION in Limine to Preclude Plaintiff from Introducing Speculative Testimony or Argument Related to Alleged Secret Kickbacks. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 653 DECLARATION of Elizabeth M.Z. Timmermans in Opposition re: #597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Third-Party Value Comparison.xlsx [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order], #2 Exhibit 2 - Metadata for Third-Party Value Comparison.xlsx [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order], #3 Exhibit 3 - Excerpt from the 30(b)(6) deposition of GREA [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order], #4 Exhibit 4 - Transmittal Email dated July 2, 2015, #5 Exhibit 5 - Spreadsheet - Third Party Hotel Management Value Comparison.xlsx [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order])(Timmermans, Elizabeth)
January 9, 2018 Opinion or Order Filing 652 MEMORANDUM OF LAW in Opposition re: #597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 651 DECLARATION of Alexander D. Pencu in Opposition re: #585 MOTION in Limine .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A-Q)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 650 MEMORANDUM OF LAW in Opposition re: #585 MOTION in Limine . . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 649 DECLARATION of Alexander D. Pencu in Opposition re: #585 MOTION in Limine .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-17)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 648 MEMORANDUM OF LAW in Opposition re: #585 MOTION in Limine . . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 647 DECLARATION of Robert A. Muckenfuss in Opposition re: #603 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from proffering any expert testimony from Elene Karanicolas and N. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Expert Report of Joseph T. Gardemal III dated February 27, 2017 [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order], #2 Exhibit 2 - Defendants' Disclosure of Rebuttal Expert Witnesses)(Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 646 MEMORANDUM OF LAW in Opposition re: #603 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from proffering any expert testimony from Elene Karanicolas and N . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 645 DECLARATION of WILLIAM T. OBEID in Opposition re: #592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid.. Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 644 DECLARATION of Alexander D. Pencu in Opposition re: #592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A-P)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 643 MEMORANDUM OF LAW in Opposition re: #592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 642 DECLARATION of Alexander D. Pencu in Opposition re: #572 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16-20, #17 Exhibit 21, #18 Exhibit 22, #19 Exhibit 23, #20 Exhibit 24, #21 Exhibit 25, #22 Exhibit 26)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 641 MEMORANDUM OF LAW in Opposition re: #572 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 640 DECLARATION of Robert A. Muckenfuss in Opposition re: #600 MOTION in Limine to exclude any testimony at trial by Peter S. Kaufman, who has been proffered as an expert rebuttal witness by defendants Christopher La Mack and Dante Massaro.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Excerpts from the deposition of Peter S. Kaufman taken on May 17, 2017 [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order])(Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 639 MEMORANDUM OF LAW in Opposition re: #600 MOTION in Limine to exclude any testimony at trial by Peter S. Kaufman, who has been proffered as an expert rebuttal witness by defendants Christopher La Mack and Dante Massaro. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 638 DECLARATION of Robert A. Muckenfuss in Opposition re: #606 MOTION in Limine Excluding Portions of the Rebuttal Report and Testimony of Michael C. Weil.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Excerpts from the deposition of Andy Antunez taken on April 11, 2017 [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order], #2 Exhibit 2 - Excerpts from the deposition of Michael C. Weil taken on April 26, 2017 [Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order])(Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 637 SEALED DOCUMENT placed in vault.(mps)
January 9, 2018 Opinion or Order Filing 636 MEMORANDUM OF LAW in Opposition re: #606 MOTION in Limine Excluding Portions of the Rebuttal Report and Testimony of Michael C. Weil. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
January 9, 2018 Opinion or Order Filing 635 DECLARATION of Joshua N. Paul in Opposition re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline.. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Confidential - FILED UNDER SEAL)(Cooper, Emilie)
January 9, 2018 Opinion or Order Filing 634 DECLARATION of Roger S. Cline in Opposition re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline.. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala, Christopher La Mack, Dante Massaro. (Cooper, Emilie)
January 9, 2018 Opinion or Order Filing 633 MEMORANDUM OF LAW in Opposition re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline. . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala, Christopher La Mack, Dante Massaro. (Cooper, Emilie)
January 9, 2018 Opinion or Order Filing 632 DECLARATION of ALEXANDER D. PENCU in Opposition re: #595 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process.. Document filed by William T. Obeid. (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)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 631 MEMORANDUM OF LAW in Opposition re: #595 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 630 DECLARATION of ALEXANDER D. PENCU in Opposition re: #585 MOTION in Limine .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1 - 20, #2 Exhibit 21, #3 Exhibit 22, #4 Exhibit 23, #5 Exhibit 24, #6 Exhibit 25, #7 Exhibit 26, #8 Exhibit 27, #9 Exhibit 28, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33 - 37)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 629 MEMORANDUM OF LAW in Opposition re: #585 MOTION in Limine . . Document filed by William T. Obeid. (Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 628 DECLARATION of ALEXANDER D. PENCU in Opposition re: #575 MOTION to Preclude Testimony by Plaintiff's Designated Expert Andy Antunez.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1 - 17)(Pencu, Alexander)
January 9, 2018 Opinion or Order Filing 627 FIRST MEMORANDUM OF LAW in Opposition re: #575 MOTION to Preclude Testimony by Plaintiff's Designated Expert Andy Antunez. . Document filed by William T. Obeid. (Pencu, Alexander)
December 15, 2017 Opinion or Order Filing 626 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by William T. Obeid.(Stocks, Remy)
December 15, 2017 Opinion or Order Filing 625 JOINT PRELIMINARY TRIAL REPORT. Document filed by William T. Obeid. (Attachments: #1 Exhibit A - Plaintiff's Witness List, #2 Exhibit B - Individual Defendants' Witness List, #3 Exhibit C - Bridgeton's Witness List, #4 Exhibit D - Plaintiff's Exhibit List, #5 Exhibit E - Defendants' Combined Exhibit List, #6 Exhibit F - Plaintiff's Deposition Designations, #7 Exhibit G - Individual Defendants' Deposition Designations, #8 Exhibit H - Bridgeton's Deposition Designations)(Stocks, Remy)
December 15, 2017 Opinion or Order Filing 624 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
December 15, 2017 Opinion or Order Filing 623 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 11, 2017 Opinion or Order Filing 622 SEALED DOCUMENT placed in vault.(mps)
December 11, 2017 Opinion or Order Filing 621 SEALED DOCUMENT placed in vault.(mps)
December 11, 2017 Opinion or Order Filing 620 SEALED DOCUMENT placed in vault.(mps)
December 11, 2017 Opinion or Order Filing 619 SEALED DOCUMENT placed in vault.(mps)
December 11, 2017 Opinion or Order Filing 618 SEALED DOCUMENT placed in vault.(mps)
December 11, 2017 Opinion or Order Filing 617 SEALED DOCUMENT placed in vault.(rz)
December 11, 2017 Opinion or Order Filing 616 SEALED DOCUMENT placed in vault.(rz)
December 11, 2017 Opinion or Order Filing 615 SEALED DOCUMENT placed in vault.(rz)
December 11, 2017 Opinion or Order Filing 614 SEALED DOCUMENT placed in vault.(rz)
December 11, 2017 Opinion or Order Filing 613 SEALED DOCUMENT placed in vault.(rz)
December 11, 2017 Opinion or Order Filing 612 SEALED DOCUMENT placed in vault.(rz)
December 8, 2017 Opinion or Order Filing 611 MEMORANDUM OF LAW in Support re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline. . Document filed by William T. Obeid. (Stocks, Remy)
December 8, 2017 Opinion or Order Filing 610 DECLARATION of Alexander D. Pencu in Support re: #609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline.. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibits 1-6)(Stocks, Remy)
December 8, 2017 Opinion or Order Filing 609 MOTION in Limine to Exclude the Report, Opinions and Testimony of Roger S. Cline. Document filed by William T. Obeid.(Stocks, Remy)
December 8, 2017 Opinion or Order Filing 608 MEMORANDUM OF LAW in Support re: #606 MOTION in Limine Excluding Portions of the Rebuttal Report and Testimony of Michael C. Weil. . Document filed by William T. Obeid. (Stocks, Remy)
December 8, 2017 Opinion or Order Filing 607 DECLARATION of Alexander D. Pencu in Support re: #606 MOTION in Limine Excluding Portions of the Rebuttal Report and Testimony of Michael C. Weil.. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibits 1-3)(Stocks, Remy)
December 8, 2017 Opinion or Order Filing 606 MOTION in Limine Excluding Portions of the Rebuttal Report and Testimony of Michael C. Weil. Document filed by William T. Obeid.(Stocks, Remy)
December 8, 2017 Opinion or Order Filing 605 DECLARATION of Alexander D. Pencu in Support re: #603 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from proffering any expert testimony from Elene Karanicolas and N. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1&2 Placeholder, #2 Exhibit, #3 Exhibit)(Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 604 MEMORANDUM OF LAW in Support re: #603 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from proffering any expert testimony from Elene Karanicolas and N . Document filed by William T. Obeid. (Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 603 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from proffering any expert testimony from Elene Karanicolas and Nathan Florio rebutting Obeids expert Joseph Gardemal III for lack of timely disclosure. Document filed by William T. Obeid.(Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 602 DECLARATION of Alexander D. Pencu in Support re: #600 MOTION in Limine to exclude any testimony at trial by Peter S. Kaufman, who has been proffered as an expert rebuttal witness by defendants Christopher La Mack and Dante Massaro.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-3 Placeholder, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 601 MEMORANDUM OF LAW in Support re: #600 MOTION in Limine to exclude any testimony at trial by Peter S. Kaufman, who has been proffered as an expert rebuttal witness by defendants Christopher La Mack and Dante Massaro. . Document filed by William T. Obeid. (Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 600 MOTION in Limine to exclude any testimony at trial by Peter S. Kaufman, who has been proffered as an expert rebuttal witness by defendants Christopher La Mack and Dante Massaro. Document filed by William T. Obeid.(Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 599 DECLARATION of Alexander D. Pencu in Support re: #597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C- I Placeholder, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L- Q Placeholder)(Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 598 MEMORANDUM OF LAW in Support re: #597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit . Document filed by William T. Obeid. (Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 597 MOTION in Limine to preclude defendants Christopher La Mack, Dante Massaro, Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC, and Atit Jariwala from relying on the document market for identification as Exhibit 10 at the December 16, 2016 Rule 30(b)(6) deposition of Gemini Real Estate Advisors LLCs corporate representative. Document filed by William T. Obeid.(Pencu, Alexander)
December 8, 2017 Opinion or Order Filing 596 MEMORANDUM OF LAW in Support re: #595 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 595 MOTION in Limine to Preclude Plaintiff from Introducing Evidence Challenging the Decision to Place the Chapter 11 Properties in Bankruptcy and the Propriety of the Bankruptcy Sales Process. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 594 DECLARATION of Robert Muckenfuss in Support re: #592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Transmittal Email dated July 2, 2015)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 593 MEMORANDUM OF LAW in Support re: #592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 592 MOTION for Sanctions for the Destruction of Data by Plaintiff William T. Obeid. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 591 DECLARATION of Joshua N. Paul in Support re: #585 MOTION in Limine .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1.Falik Expert Report, #2 Exhibit 2.Amended and Restated Limited Liability Company Agreement of GREA, #3 Exhibit 3.Massaro Declaration, #4 Exhibit 4.Resolutions of GREA, #5 Exhibit 5.Massaro 3.22.16 deposition transcript excerpts, #6 Exhibit 6.A. Jariwala 3.9.16 deposition transcript excerpts, #7 Exhibit 7.Obeid 3.18.16 deposition transcript excerpts, #8 Exhibit 8.RobertDouglas Engagement Letter 11.13.14, #9 Exhibit 9.Gemini Update for Will Obeid 5.8.15, #10 Exhibit 10.Hercher Declaration 9.8.15, #11 Exhibit 11.Hercher Affidavit 5.15.15, #12 Exhibit 12.Massaro 6.2.15 deposition transcript excerpts, #13 Exhibit 13.Hercher 6.24.15 deposition transcript excerpts, #14 Exhibit 14.PDF Copy of Microsoft Excel spreadsheet, #15 Exhibit 15.Ltr from Hurd to Massaro 1.13.5, #16 Exhibit 16.Hercher Supp. Declaration 10.6.15, #17 Exhibit 17.Ltr from Hercher to Massaro 2.20.15, #18 Exhibit 18.LOI 2.25.15, #19 Exhibit 19.Email from Hercher to Whang 2.25.15, #20 Exhibit 20.LOI 2.27.15, #21 Exhibit 21.Email chain btw Smith, Hakimian, et al., 3.2.15, #22 Exhibit 22.Exhibit intentionally excluded, #23 Exhibit 23.La Mack 3.24.16 deposition transcript excerpts, #24 Exhibit 24.A. Jariwala 3.10.16 deposition transcript excerpts, #25 Exhibit 25.Email from Zajdel to A. Jariwala 2.20.15, #26 Exhibit 26.A. Jariwala Declaration 10.5.15, #27 Exhibit 27.Email chain btw A. Jariwala, Massaro, et al., 3.7.15, #28 Exhibit 28.Hotel Purchase and Sale Agreement 2.2.15, #29 Exhibit 29.Notice of Pendency 52-54 West 13th Street, #30 Exhibit 30.Notice of Pendency 34-36 West 38th Street, #31 Exhibit 31.Notice of Pendency 33 Peck Slip, #32 Exhibit 32.Notice of Pendency 37-39 West 24th Street, #33 Exhibit 33.Voluntary Petition Peck Slip, #34 Exhibit 34.Voluntary Petition In re: 36 West 38th Street LLC, #35 Exhibit 35.Voluntary Petition In re: Gemini 37 West 24th Street MT, LLC, #36 Exhibit 36.Voluntary Petition In re 52 West 13th P, LLC, #37 Exhibit 37.Hotel Purchase and Sale Agreement 9.2.15, #38 Exhibit 38.Notice of Errata Regarding Exhibit A to Debtors Sale Motion 9.11.15, #39 Exhibit 39.Meister Declaration 10.12.15 Part 1 of 2, #40 Exhibit 39.Meister Declaration 10.12.15 Part 2 of 2, #41 Exhibit 40.A. Jariwala 11.5.15 deposition transcript excerpts, #42 Exhibit 41.Transcript of Motion to Retain Real Estate Advisor 10.28.15, #43 Exhibit 42.Hercher Second Supp. Declaration 11.10.15, #44 Exhibit 43.Notice of Closing of Sale 52 West 13th Street 1.5.16, #45 Exhibit 44.Transcript of the 12.15.15 auction before Hon. J. L. Garrity, #46 Exhibit 45.Notice of Closing of Sale of Property, 37 West 24th Street 2.29.16, #47 Exhibit 46.Marcus & Millichap Rep. Agreement 5.20.15, #48 Exhibit 47.Marcus & Millichap Company Profile webpage, #49 Exhibit 48.Email chain btw Zaver, Massaro, et al., 6.26.15, #50 Exhibit 49.Ltr from Zver to Massaro, et al., 6.26.15, #51 Exhibit 50.Hotel Purchase and Sale Agreement 8.19.15, #52 Exhibit 51.Email chain btw A. Jariwala, H. Zaver, et al., 6.25.15, #53 Exhibit 52.Gemini Update for Will Obeid 11.17., #54 Exhibit 53.Falik 5.1.17 deposition transcript excerpts, #55 Exhibit 54.Peraino email 3.4.15, #56 Exhibit 55.Melling 11.10.15 deposition transcript excerpts, #57 Exhibit 56.Notice of Intention to Serve Subpoena on Witkoff 3.9.15, #58 Exhibit 57.Ltr from Stocks to Cooper, et al., 7.8.15, #59 Exhibit 58.Ex. 22 to NY State Action Complaint, #60 Exhibit 59.LOI 3.9.15, #61 Exhibit 60.Peck Slip Bankruptcy Order 11.20.15, #62 Exhibit 61.Hercher 6.2.17 deposition transcript excerpts, #63 Exhibit 62.Notice of No Auction, 52 West 13th St 12.1.15, #64 Exhibit 63.Email chain btw OConnor, et al., 12.3.15, #65 Exhibit 64.Peck Slip Bankruptcy Order 11.20.15, #66 Exhibit 65.Notice of Bid and Auction, 37 West 24th Street 12.10.15, #67 Exhibit 66.Subcontract Hotel Management Agreement 1.26.15, #68 Exhibit 67.A. Jariwala Declaration, 6.15.17, #69 Exhibit 68.Gardemal Expert Report, #70 Exhibit 69.Gardemal 6.5.17 deposition transcript excerpts, #71 Exhibit 70.Cius 2.19.16 deposition transcript excerpts)(Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 590 MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 5 To Exclude Portions Of The Expert Report And Testimony Of Joseph T. Gardemal. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 589 MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 4 To Preclude Evidence Concerning Bridgeton's Management Of The Gemini Hotels. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 588 MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 3 To Preclude Evidence Concerning The Jade And Wyndham Bankruptcies. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 587 MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 2 To Exclude The Peraino/Witkoff Email. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 586 MEMORANDUM OF LAW in Support re: #585 MOTION in Limine . / Bridgeton's Memorandum Of Law In Support Of Its Motion In Limine No. 1 To Exclude Portions Of The Expert Report And Testimony Of E. Jonathan Falik. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 585 MOTION in Limine . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
December 8, 2017 Opinion or Order Filing 584 SEALED DOCUMENT placed in vault.(rz)
December 8, 2017 Opinion or Order Filing 583 DECLARATION of Robert Muckenfuss in Support re: #581 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit 2 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 582 MEMORANDUM OF LAW in Support re: #581 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 581 MOTION to Preclude Testimony by Plaintiff's Designated Expert E. Jonathan Falik. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 580 DECLARATION of Robert Muckenfuss in Support re: #578 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III.. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit B - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #3 Exhibit C - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 579 MEMORANDUM OF LAW in Support re: #578 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 578 MOTION to Preclude Testimony by Plaintiff's Designated Expert Joseph T. Gardemal III. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 577 DECLARATION of Robert Muckenfuss in Support re: #575 MOTION to Preclude Testimony by Plaintiff's Designated Expert Andy Antunez.. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit 2 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 576 MEMORANDUM OF LAW in Support re: #575 MOTION to Preclude Testimony by Plaintiff's Designated Expert Andy Antunez. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 575 MOTION to Preclude Testimony by Plaintiff's Designated Expert Andy Antunez. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 574 DECLARATION of Robert Muckenfuss in Support re: #572 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit B - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 573 MEMORANDUM OF LAW in Support re: #572 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 572 MOTION to Preclude Testimony by Plaintiff's Designated Expert Scott Fowler. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 571 DECLARATION of Robert Muckenfuss in Support re: #569 MOTION to Preclude Testimony by Plaintiff's Designated Expert Embree C. Bedsole.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit 2 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #3 Exhibit 3 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 570 MEMORANDUM OF LAW in Support re: #569 MOTION to Preclude Testimony by Plaintiff's Designated Expert Embree C. Bedsole. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 569 MOTION to Preclude Testimony by Plaintiff's Designated Expert Embree C. Bedsole. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 568 DECLARATION of Robert Muckenfuss in Support re: #566 MOTION in Limine to Preclude Plaintiff from Introducing Speculative Testimony or Argument Related to Alleged Secret Kickbacks.. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit 2 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 567 MEMORANDUM OF LAW in Support re: #566 MOTION in Limine to Preclude Plaintiff from Introducing Speculative Testimony or Argument Related to Alleged Secret Kickbacks. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
December 8, 2017 Opinion or Order Filing 566 MOTION in Limine to Preclude Plaintiff from Introducing Speculative Testimony or Argument Related to Alleged Secret Kickbacks. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
December 1, 2017 Opinion or Order Filing 565 ORDER denying #548 Letter Motion for Extension of Time (HEREBY ORDERED by Magistrate Judge Henry B. Pitman)(Text Only Order) Copies of Notice of Electronic Filing Sent By Chambers. (Pitman, Henry)
December 1, 2017 Opinion or Order Filing 564 MEMO ENDORSEMENT on re: #560 Letter, filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/1/2017) (ras)
December 1, 2017 Opinion or Order Filing 563 STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR PRE-TRIAL MOTIONS: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties, subject to the approval of the Court, as follows: 1. Submissions in opposition to any Pre-Trial Motions are to be filed on or before January 9, 2018. 2. Replies in further support of any Pre-Trial Motions are to be filed on or before January 23, 2018. 3. This stipulation may be executed in counterparts via facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one stipulation. (Responses due by 1/9/2018, Replies due by 1/23/2018.) Motions terminated: #561 JOINT LETTER MOTION for Extension of Time for Opposition and Reply Submissions on Non-Dispositive Pre-Trial Motions addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated November 30, 2017, filed by William T. Obeid, #562 JOINT LETTER MOTION for Extension of Time for Opposition and Reply Submissions on Non-Dispositive Pre-Trial Motions addressed to Judge Laura Taylor Swain from Remy J. Stocks dated November 30, 2017, filed by William T. Obeid. (Signed by Magistrate Judge Henry B. Pitman on 12/1/2017) (ras)
November 30, 2017 Opinion or Order Filing 562 JOINT LETTER MOTION for Extension of Time for Opposition and Reply Submissions on Non-Dispositive Pre-Trial Motions addressed to Judge Laura Taylor Swain from Remy J. Stocks dated November 30, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation & Proposed Order)(Stocks, Remy)
November 30, 2017 Opinion or Order Filing 561 JOINT LETTER MOTION for Extension of Time for Opposition and Reply Submissions on Non-Dispositive Pre-Trial Motions addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated November 30, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation & Proposed Order)(Stocks, Remy)
November 29, 2017 Opinion or Order Filing 560 JOINT LETTER addressed to Judge Laura Taylor Swain from Emilie B. Cooper dated 11/29/2017 re: Identification of exhibits the parties intend to submit as part of the Joint Pre-Trial Statement. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
November 3, 2017 Opinion or Order Filing 559 REPLY MEMORANDUM OF LAW in Support re: #543 MOTION in Limine to Exclude Confidential Settlement Communications. . Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1 - Summons and Complaint (Index No. 15296/2015 N.Y. Sup. Ct. N.Y. Cty.))(Muckenfuss, Robert)
November 1, 2017 Opinion or Order Filing 558 STIPULATED NON-WAIVER AGREEMENT ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) REGARDING PRODUCTION OF DOCUMENTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Produced Documents, as defined below, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order"), as set forth below...Except as specifically stated herein, the provisions of the Amended Confidentiality Order shall continue to govern the protections afforded to all documents produced in this action, and as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 11/1/2017) (ras)
November 1, 2017 Opinion or Order Filing 557 STIPULATED NON-WAIVER AGREEMENT AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) REGARDING PRODUCTION OF DOCUMENTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Produced Documents, as defined below, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order"), as set forth below...Except as specifically stated herein, the provisions of the Amended Confidentiality Order shall continue to govern the protections afforded to all documents produced in this action, and as further set forth herein. (Motions terminated: #556 JOINT LETTER MOTION for Discovery seeking entry of proposed Non-Waiver Agreements addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated October 31, 2017, filed by William T. Obeid.) (Signed by Magistrate Judge Henry B. Pitman on 11/1/2017) (ras)
October 31, 2017 Opinion or Order Filing 556 JOINT LETTER MOTION for Discovery seeking entry of proposed Non-Waiver Agreements addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated October 31, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Proposed Hercher Non-Waiver Agreement, #2 Text of Proposed Order Proposed HVS Non-Waiver Agreement)(Stocks, Remy)
October 23, 2017 Opinion or Order Filing 555 SEALED DOCUMENT placed in vault.(mps)
October 20, 2017 Opinion or Order Filing 554 DECLARATION of WILLIAM T. OBEID in Opposition re: #543 MOTION in Limine to Exclude Confidential Settlement Communications.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A)(Pencu, Alexander)
October 20, 2017 Opinion or Order Filing 553 DECLARATION of Alexander D. Pencu in Opposition re: #543 MOTION in Limine to Exclude Confidential Settlement Communications.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Pencu, Alexander)
October 20, 2017 Opinion or Order Filing 552 MEMORANDUM OF LAW in Opposition re: #543 MOTION in Limine to Exclude Confidential Settlement Communications. . Document filed by William T. Obeid. (Pencu, Alexander)
October 12, 2017 Opinion or Order Filing 551 MEMO ENDORSEMENT on re: #535 LETTER MOTION for Leave to File Sur-Reply to Plaintiff William T. Obeid's June 15, 2017 Motion for Summary Judgment as to the Individual Defendants' Amended Counterclaims addressed to Judge Laura Taylor Swain from Robert A. Muc kenfuss dated August 31, 2017. Document filed by Christopher La Mack, Dante Massaro. ENDORSEMENT: The request for permission to file a sur-reply is denied. The evidence tendered in connection with plaintiff's reply papers was properly submitted in rebuttal of evidence and arguments introduced in Defendants' opposition papers. The motion is fully submitted. DE #535 resolved. So ordered. (Signed by Judge Laura Taylor Swain on 10/12/2017) (rjm)
October 11, 2017 Opinion or Order Filing 550 LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated 10/11/2017 re: Letter in Opposition to Bridgeton Defendants' Letter motion requesting further adjournment of the pre-trial deadlines. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
October 6, 2017 Opinion or Order Filing 549 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO THE INDIVIDUAL DEFENDANTS' MOTION IN LIMINE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Obeid and the Individual Defendants, subject to the approval of the Court, as follows: 1. Obeid's time to file his opposition to the Individual Defendants' Motion In Limine is hereby extended to October 20, 2017. 2. The Individual Defendants' time to file their reply in further support of the Motion In Limine is hereby extended to November 3, 2017. (Responses due by 10/20/2017. Replies due by 11/3/2017.) (Signed by Magistrate Judge Henry B. Pitman on 10/6/2017) (ras) Modified on 3/13/2018 (ras).
October 6, 2017 Opinion or Order Filing 548 LETTER MOTION for Extension of Time of the Pre-Trial Deadlines in the August 2, 2017 Order (Docket # 511) addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated October 6, 2017. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
October 5, 2017 Opinion or Order Filing 547 LETTER MOTION for Extension of Time to File Response/Reply as to #543 MOTION in Limine to Exclude Confidential Settlement Communications. addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated October 5, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order)(Stocks, Remy)
September 29, 2017 Opinion or Order Filing 546 REPLY MEMORANDUM OF LAW in Support re: #525 MOTION to Strike Document No. [Portions of 503] Notice of Motion to Strike Portions of Plaintiff William T. Obeid's Response to Rule 56.1 Statement of Undisputed Material Facts. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 29, 2017 Opinion or Order Filing 545 REPLY MEMORANDUM OF LAW in Support re: #524 MOTION to Strike Document No. #504 . /Bridgeton's Reply Memorandum of Law in Further Support of its Motion to Strike Portions of Obeid's Response to Bridgeton's Rule 56.1 Statement and/or have Certain facts Deemed Admitted. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
September 27, 2017 Opinion or Order Filing 544 MEMORANDUM OF LAW in Support re: #543 MOTION in Limine to Exclude Confidential Settlement Communications. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
September 27, 2017 Opinion or Order Filing 543 MOTION in Limine to Exclude Confidential Settlement Communications. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
September 14, 2017 Opinion or Order Filing 542 SEALED DOCUMENT placed in vault.(rz)
September 13, 2017 Opinion or Order Filing 541 DECLARATION of Remy J. Stocks in Opposition re: #525 MOTION to Strike Document No. [Portions of 503] Notice of Motion to Strike Portions of Plaintiff William T. Obeid's Response to Rule 56.1 Statement of Undisputed Material Facts.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A)(Pencu, Alexander)
September 13, 2017 Opinion or Order Filing 540 MEMORANDUM OF LAW in Opposition re: #525 MOTION to Strike Document No. [Portions of 503] Notice of Motion to Strike Portions of Plaintiff William T. Obeid's Response to Rule 56.1 Statement of Undisputed Material Facts. . Document filed by William T. Obeid. (Pencu, Alexander)
September 13, 2017 Opinion or Order Filing 539 DECLARATION of Remy J. Stocks in Opposition re: #524 MOTION to Strike Document No. #504 .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A)(Pencu, Alexander)
September 13, 2017 Opinion or Order Filing 538 MEMORANDUM OF LAW in Opposition re: #524 MOTION to Strike Document No. #504 . . Document filed by William T. Obeid. (Pencu, Alexander)
September 6, 2017 Opinion or Order Filing 537 LETTER RESPONSE in Opposition to Motion addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated September 6, 2017 re: #535 LETTER MOTION for Leave to File Sur-Reply to Plaintiff William T. Obeid's June 15, 2017 Motion for Summary Judgment as to the Individual Defendants' Amended Counterclaims addressed to Judge Laura Taylor Swain from Robert A. Mucken . Document filed by William T. Obeid. (Stocks, Remy)
September 5, 2017 Opinion or Order Filing 536 ORDER: granting #535 Letter Motion for Leave to File Document. Any submission in opposition to the foregoing request must be filed by September 6, 2017 at 11:00 AM. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/05/2017) (ama)
September 5, 2017 Opinion or Order Set/Reset Deadlines: Responses due by 9/6/2017 (ama)
August 31, 2017 Opinion or Order Filing 535 LETTER MOTION for Leave to File Sur-Reply to Plaintiff William T. Obeid's June 15, 2017 Motion for Summary Judgment as to the Individual Defendants' Amended Counterclaims addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated August 31, 2017. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
August 28, 2017 Opinion or Order Filing 534 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO DEFENDANTS' MOTIONS TO STRIKE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for the parties, subject to the approval of the Court, as follows: 1. Plaintiff's time to file his opposition to the Bridgeton Defendants' Motion to Strike and the Individual Defendants' Motion to Strike is hereby extended to September 13, 2017. 2. The Bridgeton Defendants' time to file their reply in further support of the Bridgeton Defendants' Motion to Strike is hereby extended to September 29, 2017. 3. The Individual Defendants' time to file their reply in further support of the Individual Defendants' Motion to Strike is hereby extended to September 29, 2017. (Set Deadlines/Hearing as to #524 MOTION to Strike Document No. #504 , #525 MOTION to Strike Document No. [Portions of 503]: Responses due by 9/13/2017, Replies due by 9/29/2017.) (Signed by Magistrate Judge Henry B. Pitman on 8/25/2017) (jwh)
August 24, 2017 Opinion or Order Filing 533 LETTER MOTION for Extension of Time to File Response/Reply as to #524 MOTION to Strike Document No. #504 ., #525 MOTION to Strike Document No. [Portions of 503] Notice of Motion to Strike Portions of Plaintiff William T. Obeid's Response to Rule 56.1 Statement of Undisputed Material Facts. addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated August 24, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order Extending Plaintiffs' Time to Oppose Defendants' Motions to Strike)(Stocks, Remy)
August 24, 2017 Opinion or Order Filing 532 SEALING ORDER granting #531 Motion to Seal Document #504 Counter Statement to Rule 56.1. Defendants Bridgeton Holdings, LLC, Bridgeton Acquisitions, LLC, Bridgeton Hotel Management, LLC and Atit Jariwala's (collectively, the "Bridgeton Defendants") assert that plaintiff William T. Obeid's ("Plaintiff's") Response to the Bridgeton Defendants' Rule 56.1 Statement of Undisputed Material Facts (the "Obeid Counterstatement") contains material designated "confidential" or "attorneys' eyes only" under the July 28, 2015 Confidentiality Order in this action and request that the Obeid Counterstatement be filed under seal. [ECF No. 504.] Plaintiff has no objection to the Bridgeton Defendants' request that the Obeid Counterstatement be filed under seal. It is therefore ORDERED that the Obeid Counterstatement, ECF No. 504, shall be filed under seal. (Signed by Magistrate Judge Henry B. Pitman on 8/23/2017) (ras)
August 24, 2017 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #532 Sealing Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ras)
August 22, 2017 Opinion or Order Filing 531 LETTER MOTION to Seal Document #504 Counter Statement to Rule 56.1 addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated August 22, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Proposed Sealing Order)(Stocks, Remy)
August 21, 2017 Opinion or Order Filing 530 SEALED DOCUMENT placed in vault.(mps)
August 21, 2017 Opinion or Order Filing 529 SEALED DOCUMENT placed in vault.(rz)
August 18, 2017 Opinion or Order Filing 528 DECLARATION of Emillie B. Cooper in Support re: #524 MOTION to Strike Document No. #504 .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A-Obeid 56.1 Response (Filed Under Seal), #2 Exhibit B-Bridgeton 56.1 Statement (Filed Under Seal), #3 Exhibit C-56.1 Summary Chart (Filed Under Seal), #4 Exhibit D-May 29, 2015 La Mack Deposition Excerpts (Filed Under Seal), #5 Exhibit E-Bridgeton Website Screenshot (Pencu Dec. Ex. 267), #6 Exhibit F-March 1 Email Chain (Pencu Dec. Ex. 40) (Filed Under Seal), #7 Exhibit G-Obeid Deposition Excerpts and March 4, 2015 Emails (Pencu Dec. Exs. 1, 54, 70) (Filed Under Seal))(Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 527 MEMORANDUM OF LAW in Support re: #524 MOTION to Strike Document No. #504 . . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 526 MEMORANDUM OF LAW in Support re: #525 MOTION to Strike Document No. [Portions of 503] Notice of Motion to Strike Portions of Plaintiff William T. Obeid's Response to Rule 56.1 Statement of Undisputed Material Facts. . Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A Individual Defendants Objections to Plaintiffs Response to Rule 56.1 Statement of Material Facts)(Muckenfuss, Robert)
August 18, 2017 Opinion or Order Filing 525 MOTION to Strike Document No. [Portions of 503] Notice of Motion to Strike Portions of Plaintiff William T. Obeid's Response to Rule 56.1 Statement of Undisputed Material Facts. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
August 18, 2017 Opinion or Order Filing 524 MOTION to Strike Document No. #504 . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 523 DECLARATION of Joshua N. Paul in Support re: #464 MOTION for Summary Judgment .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1-Filed Under Seal)(Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 522 REPLY MEMORANDUM OF LAW in Support re: #464 MOTION for Summary Judgment . . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 521 DECLARATION of Fria R. Kermani in Support re: #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole.. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A-Filed Under Seal)(Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 520 REPLY MEMORANDUM OF LAW in Support re: #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole. . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
August 18, 2017 Opinion or Order Filing 519 DECLARATION of Robert Muckenfuss in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A to the Muckenfuss Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit B to the Muckenfuss Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
August 18, 2017 Opinion or Order Filing 518 REPLY MEMORANDUM OF LAW in Support re: #454 MOTION for Summary Judgment . . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
August 16, 2017 Opinion or Order Filing 517 SEALED DOCUMENT placed in vault.(rz)
August 15, 2017 Opinion or Order Filing 516 REPLY MEMORANDUM OF LAW in Support re: #468 MOTION for Summary Judgment . . Document filed by William T. Obeid. (Pencu, Alexander)
August 15, 2017 Opinion or Order Filing 515 DECLARATION of Alexander D. Pencu in Further Support of Motion for Summary Judgment in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 38 through 47, #2 Exhibit 48, #3 Exhibit 49, #4 Exhibit 50 through 52)(Pencu, Alexander)
August 15, 2017 Opinion or Order Filing 514 DECLARATION of William T. Obeid in Further Support of His Motion for Summary Judgment Dismissing What Remains of Defendants Christopher La Mack and Dante Massaro's Amended Counterclaims in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 5)(Pencu, Alexander)
August 4, 2017 Opinion or Order Filing 513 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO FILE HIS OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT NUNC PRO TUNC TO JULY 28, 2017: Plaintiff's time to file and serve his opposition to the Summary Judgment Motions and the Motion to Exclude is hereby extended nunc pro tune through and including July 29, 2017. Defendants' time to file and serve their respective replies in further support of the Summary Judgment Motions is hereby extended to August 18, 2017. The Bridgeton Defendants' time to file and serve their reply in further support of the Motion to Exclude is hereby extended to August 18, 2017. Except as to timeliness, Defendants' rights with respect to Plaintiff's submissions in opposition to the Summary Judgment Motions and the Motion to Exclude are hereby expressly reserved. ( Replies due by 8/18/2017.) (Signed by Magistrate Judge Henry B. Pitman on 8/4/2017) (mro)
August 3, 2017 Opinion or Order Filing 512 LETTER MOTION for Extension of Time to File Response/Reply as to #464 MOTION for Summary Judgment ., #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole., #454 MOTION for Summary Judgment . Nunc Pro Tunc through and including July 29, 2017 addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated August 3, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order)(Stocks, Remy)
August 2, 2017 Opinion or Order Filing 511 ORDER denying #474 Motion to Stay. The motion for a stay is denied. The dates for the filing of the pretrial submissions are, however, adjourned. Although I conclude that a stay is not justified, the volume of material submitted in connection with the parties' summary judgment motions and the time the Court will require to review that material does warrant the adjournment of the final pretrial conference and the dates for the submission of the associated materials. The current schedule for pretrial submissions is, therefore, adjusted as follows: Non-dispositive Pre-Trial motions (including motions in limine): December 8, 2017; Joint Pre-Trial Statement: December 15, 2017; Proposed Findings of Fact and Conclusions of Law: December 15, 2017; Final Pretrial Conference: January 26, 2018 10:30 a.m. Accordingly, for all the foregoing reasons, the Bridgeton Defendants' motion to stay proceedings in this matter pending resolution the parties' motions for summary judgment is denied. The Clerk of the Court is respectfully directed to mark Docket Item 474 closed, and as further set forth in this order. (Signed by Magistrate Judge Henry B. Pitman on 8/1/2017) Copies Transmitted By Chambers. (ras)
August 2, 2017 Opinion or Order Set/Reset Deadlines: (Motions due by 12/8/2017. Pretrial Order due by 12/15/2017.) Set/Reset Hearings: (Final Pretrial Conference set for 1/26/2018 at 10:30 AM before Magistrate Judge Henry B. Pitman.) (ras)
July 31, 2017 Opinion or Order Filing 510 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 509 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 508 DECLARATION of Alexander D. Pencu (part 2 of 2) in Opposition re: #454 MOTION for Summary Judgment ., #464 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 1 - 70, #2 71, #3 72, #4 73, #5 74, #6 75-85, #7 86, #8 87, #9 88, #10 89, #11 90 - 106, #12 107, #13 108, #14 109, #15 110, #16 111, #17 112 - 121, #18 122, #19 123, #20 124, #21 125 - 151, #22 152, #23 153 - 161, #24 162, #25 163, #26 164, #27 165, #28 166, #29 167, #30 168, #31 169, #32 170, #33 171, #34 172 - 219, #35 220, #36 221, #37 222, #38 223, #39 224, #40 225 - 229, #41 230, #42 231, #43 232, #44 233, #45 234, #46 235 - 240, #47 241, #48 242, #49 243, #50 244, #51 245, #52 246 - 261, #53 262, #54 263, #55 264, #56 265, #57 266, #58 267, #59 268 - 269)(Pencu, Alexander)
July 31, 2017 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document Nos. [506-507] HAVE BEEN REJECTED. THESE ARE DUPLICATED DOCUMENTS. Note to Attorney Alexander Dimitri Pencu : These are Duplicate Documents. Do Not Re-File. (db)
July 29, 2017 Opinion or Order Filing 507 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Alexander D. Pencu in Opposition re: #454 MOTION for Summary Judgment ., #464 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 164, #2 Exhibit 165, #3 Exhibit 166, #4 Exhibit 167, #5 Exhibit 168, #6 Exhibit 169, #7 Exhibit 170, #8 Exhibit 171-219, #9 Exhibit 220, #10 Exhibit 221, #11 Exhibit 222, #12 Exhibit 223, #13 Exhibit 224, #14 Exhibit 225-229, #15 Exhibit 230, #16 Exhibit 231, #17 Exhibit 232, #18 Exhibit 233, #19 Exhibit 234, #20 Exhibit 235-240, #21 Exhibit 241, #22 Exhibit 242, #23 Exhibit 243, #24 Exhibit 244, #25 Exhibit 245, #26 Exhibit 246-261, #27 Exhibit 262, #28 Exhibit 263, #29 Exhibit 264, #30 Exhibit 265, #31 Exhibit 266, #32 Exhibit 267, #33 Exhibit 268-269)(Pencu, Alexander) Modified on 7/31/2017 (db).
July 29, 2017 Opinion or Order Filing 506 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Alexander D. Pencu in Opposition re: #464 MOTION for Summary Judgment ., #454 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1-70, #2 Exhibit 71, #3 Exhibit 72, #4 Exhibit 73, #5 Exhibit 74, #6 Exhibit 75-85, #7 Exhibit 86, #8 Exhibit 87, #9 Exhibit 88, #10 Exhibit 89, #11 Exhibit 90-106, #12 Exhibit 107, #13 Exhibit 108, #14 Exhibit 109, #15 Exhibit 110, #16 Exhibit 111, #17 Exhibit 112-121, #18 Exhibit 122, #19 Exhibit 123, #20 Exhibit 124, #21 Exhibit 125-151, #22 Exhibit 162, #23 Exhibit 152, #24 Exhibit 153-161, #25 Exhibit 163)(Pencu, Alexander) Modified on 7/31/2017 (db).
July 29, 2017 Opinion or Order Filing 505 DECLARATION of Alexander D. Pencu in Opposition re: #464 MOTION for Summary Judgment ., #454 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Pencu, Alexander)
July 29, 2017 Opinion or Order Filing 504 COUNTER STATEMENT TO #467 Rule 56.1 Statement. Document filed by William T. Obeid. (Pencu, Alexander)
July 29, 2017 Opinion or Order Filing 503 COUNTER STATEMENT TO #455 Rule 56.1 Statement. Document filed by William T. Obeid. (Pencu, Alexander)
July 29, 2017 Opinion or Order Filing 502 MEMORANDUM OF LAW in Opposition re: #464 MOTION for Summary Judgment . . Document filed by William T. Obeid. (Pencu, Alexander)
July 29, 2017 Opinion or Order Filing 501 DECLARATION of WILLIAM T. OBEID in Opposition re: #454 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Errata 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 43 A, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 47 A, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62, #65 Exhibit 63, #66 Exhibit 64, #67 Exhibit 65, #68 Exhibit 66)(Pencu, Alexander)
July 28, 2017 Opinion or Order Filing 500 MEMORANDUM OF LAW in Opposition re: #454 MOTION for Summary Judgment . . Document filed by William T. Obeid. (Pencu, Alexander)
July 28, 2017 Opinion or Order Filing 499 DECLARATION of Edward Schmidt in Opposition re: #454 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Pencu, Alexander)
July 28, 2017 Opinion or Order Filing 498 DECLARATION of Christopher J. Major in Opposition re: #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A-K Placeholder, #2 Exhibit L, #3 Exhibit M-R Placeholder)(Pencu, Alexander)
July 28, 2017 Opinion or Order Filing 497 MEMORANDUM OF LAW in Opposition re: #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole. . Document filed by William T. Obeid. (Pencu, Alexander)
July 28, 2017 Opinion or Order Filing 496 DECLARATION of William Stelma in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A to the Stelma Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit B to the Stelma Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
July 28, 2017 Opinion or Order Filing 495 DECLARATION of Dante Massaro in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A to the Massaro Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
July 28, 2017 Opinion or Order Filing 494 DECLARATION of Christopher La Mack in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A to the La Mack Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
July 28, 2017 Opinion or Order Filing 493 DECLARATION of Robert A. Muckenfuss in Opposition re: #468 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A through V to the Muckenfuss Declaration Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Muckenfuss, Robert)
July 28, 2017 Opinion or Order Filing 492 MEMORANDUM OF LAW in Opposition re: #468 MOTION for Summary Judgment . . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
July 28, 2017 Opinion or Order Filing 491 COUNTER STATEMENT TO #471 Rule 56.1 Statement. Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
July 17, 2017 Opinion or Order ***DELETED DOCUMENT. Deleted document number #491 Stipulation. The document was incorrectly filed in this case. (ap)
July 17, 2017 Opinion or Order Filing 490 MEMO ENDORSEMENT: on re: #487 Letter, filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. ENDORSEMENT: THE SCHEDULE PROPOSED HEREIN IS APPROVED. Motions due by 9/8/2017. Responses due by 7/28/2017 Replies due by 8/15/2017, and as further set forth in this order. (Signed by Magistrate Judge Henry B. Pitman on 7/17/2017) (ap)
July 17, 2017 Opinion or Order Filing 489 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO THE BRIDGETON DEFENDANTS' MOTION TO EXCLUDE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for the parties subject to the approval of the Court, as follows: 1. Plaintiff's time to file his opposition to the Motion to Exclude is hereby extended to July 28, 2017. 2. The Bridgeton Defendants' time to file their reply in further support of the Motion to Exclude is hereby extended to August 15, 2017. DE # 488 resolved. IT IS SO ORDERED., ( Responses due by 7/28/2017, Replies due by 8/15/2017.), Motions terminated: #488 LETTER MOTION for Extension of Time to file Opposition/Reply to the Bridgeton Defendants' Motion to Exclude addressed to Judge Laura Taylor Swain from Remy J. Stocks dated July 14, 2017. filed by William T. Obeid. (Signed by Judge Laura Taylor Swain on 7/17/2017) (ama)
July 14, 2017 Opinion or Order Filing 488 LETTER MOTION for Extension of Time to file Opposition/Reply to the Bridgeton Defendants' Motion to Exclude addressed to Judge Laura Taylor Swain from Remy J. Stocks dated July 14, 2017. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order)(Stocks, Remy)
July 13, 2017 Opinion or Order Filing 487 LETTER addressed to Judge Laura Taylor Swain from Elizabeth Z. Timmermans dated July 13, 2017 re: slight modicfication of the deadlines set forth in the Scheduling Order entered by Judge Pitman on April 13, 2017. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Timmermans, Elizabeth)
July 6, 2017 Opinion or Order Filing 486 REPLY MEMORANDUM OF LAW in Support re: #474 MOTION to Stay . / Bridgeton's Omnibus Reply Memorandum of Law in Further Support of Its Motion to Stay Pre-Trial Deadlines Pending Resolution of the Summary Judgment Motion. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
June 30, 2017 Opinion or Order Filing 485 SEALED DOCUMENT placed in vault.(rz)
June 30, 2017 Opinion or Order Filing 484 DECLARATION of Robert Muckenfuss in Opposition re: #474 MOTION to Stay .. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - Email dated March 30, 2017, #2 Exhibit B - Email dated April 3, 2017, #3 Exhibit C - Email dated April 10, 2017)(Muckenfuss, Robert)
June 30, 2017 Opinion or Order Filing 483 RESPONSE in Opposition to Motion re: #474 MOTION to Stay . . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 29, 2017 Opinion or Order Filing 482 DECLARATION of Alexander D. Pencu in Opposition re: #474 MOTION to Stay .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pencu, Alexander)
June 29, 2017 Opinion or Order Filing 481 MEMORANDUM OF LAW in Opposition re: #474 MOTION to Stay . . Document filed by William T. Obeid. (Pencu, Alexander)
June 22, 2017 Opinion or Order Filing 480 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO BRIDGETON'S MOTION TO EXCLUDE PORTIONS OF THE EXPERT REPORT AND TESTIMONY OF EMBREE C. BEDSOLE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for the parties, subject to approval of the Court. as follows: Plaintiff's time to file its opposition to the Motion is extended to July 21, 2017; Bridgeton's time to file their reply to the Motion is extended to August 8, 2017; This stipulation may be executed in counterparts via facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one stipulation, and as further set forth in this order. (Responses due by 7/21/2017. Replies due by 8/8/2017.) (Signed by Judge Laura Taylor Swain on 6/21/2017) (ap)
June 16, 2017 Opinion or Order Filing 479 SEALED DOCUMENT placed in vault.(mps)
June 16, 2017 Opinion or Order Filing 478 SEALED DOCUMENT placed in vault.(mps)
June 16, 2017 Opinion or Order Filing 475 MEMORANDUM OF LAW in Support re: #474 MOTION to Stay . / Memorandum Of Law In Support Of Bridgeton's Motion To Stay Pre-Trial Deadlines Pending Resolution Of The Summary Judgment Motions. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
June 16, 2017 Opinion or Order Filing 474 MOTION to Stay . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 477 SEALED DOCUMENT placed in vault.(rz)
June 15, 2017 Opinion or Order Filing 476 SEALED DOCUMENT placed in vault.(rz)
June 15, 2017 Opinion or Order Filing 473 DECLARATION of Alexander D. Pencu in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26 Part 1, #27 Exhibit 26 Part 2, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37)(Pencu, Alexander)
June 15, 2017 Opinion or Order Filing 472 DECLARATION of Emilie Cooper in Support re: #464 MOTION for Summary Judgment .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1 - Obeid deposition transcript excerpts (5/5/15), #2 Exhibit 2 - Amended and Restated Limited Liability Company Agreement, #3 Exhibit 3 - La Mack deposition transcript excerpts (3/24/16), #4 Exhibit 4 - Massaro deposition transcript excerpts, #5 Exhibit 5 - Amendment No. 1 to Limited Liability Company Agreement, #6 Exhibit 6 - A. Jariwala deposition transcript excerpts (3/9/16), #7 Exhibit 7 - A. Jariwala deposition transcript excerpts (3/10/16), #8 Exhibit 8 - Obeid deposition transcript excerpts (3/18/16), #9 Exhibit 9 - Email from Atit Jariwala to Brian Clark, #10 Exhibit 10 - Bridgeton Holdings LLC Portfolio spreadsheet, #11 Exhibit 11 - Email with attachment from Atit Jariwala to Chris La Mack, Will Obeid, and Dante Massaro, #12 Exhibit 12 - Separation, Redemption and Release Agreement, #13 Exhibit 13 - La Mack deposition transcript excerpts (12/16/16), #14 Exhibit 14 - Transcript of the March 3, 2015 court conference, #15 Exhibit 15 - Cline Rebuttal Expert Report, #16 Exhibit 16 - Hotel Management Agreement by and between Gemini Friend Street MT, LLC and Gemini Property Management, LLC, #17 Exhibit 17 - Hotel Management Agreement by and between Gemini 305 West 39th Street MT, LLC and Gemini Property Management, LLC, #18 Exhibit 18 - Hotel Management Agreement by and between Gemini Management Company, LLC and 300 West 22 Realty LLC and 300 West 22 Retail LLC, #19 Exhibit 19 - Hotel Management Agreement by and between Gemini 449 West 36 Street MT, LLC and Gemini Management Company, LLC, #20 Exhibit 20 - Assignment and Subordination of Management Agreement, #21 Exhibit 21 - Hotel Management Agreement by and between ERG JFK Hotel LLC, as Owner, and Gemini Property Management, LLC, as Manager, #22 Exhibit 22 - Hotel Management Agreement between 1775 James Avenue LLC, as Owner, and Gemini Property Management LLC, as Manager, for Hotel 18, #23 Errata 23 - Hotel Management Agreement by and between Gemini 442 West 36th Street MT, LLC and Gemini Property Management, LLC, #24 Exhibit 24 - Hotel Management Agreement between 33 Peck Slip Acquisition LLC, as Owner, and 33 Peck Slip Property Management LLC, #25 Exhibit 25 - Assignment and Subordination of Management Agreement, #26 Exhibit 26 - Hotel Management Agreement by and between Gemini 135 East Houston MT, LLC and Gemini Property Management, LLC, #27 Exhibit 27 - Memorandum from Daniel F. Cullen, Esq. to Gemini Real Estate Advisors, LLC Legal Files, #28 Exhibit 28 - Resolutions of Gemini Real Estate Advisors, LLC, #29 Exhibit 29 - Complaint from the action La Mack, et al. v. Obeid, et al., No. 14-cvs-12010, #30 Exhibit 30 - Complaint filed by Plaintiff in this action on August 14, 2014, #31 Exhibit 31 - Amended Verified Complaint filed by Plaintiff in this action on August 25, 2014, #32 Exhibit 32 - Plaintiffs Memorandum of Law in Support of His Motion for a Temporary Restraining Order and Preliminary Injunction, dated February 27, 2015, #33 Exhibit 33 - Order Denying Plaintiffs Motion for a Temporary Restraining Order, #34 Exhibit 34 - Summons and Verified Complaint in the action Obeid, et al., v. Bridgeton Holdings, LLC, et al., No. 152596/2015 (Sup. Ct. N.Y. Cnty.), #35 Exhibit 35 - Notice of Pendency affecting the premises at 52-54 West 13th Street, #36 Exhibit 36 - Notice of Pendency affecting the premises at 34-36 West 38th Street, #37 Exhibit 37 - Notice of Pendency affecting the premises at 33 Peck Slip, #38 Exhibit 38 - Notice of Pendency affecting the premises at 37-39 West 24th Street, #39 Exhibit 39 - Hercher deposition transcript excerpts (6/24/15), #40 Exhibit 40 - Second Amended Complaint filed by Plaintiff in this action on June 17, 2015, #41 Exhibit 41 - Third Amended Verified Complaint filed by Plaintiff in this action on February 9, 2016, #42 Exhibit 42 - Declaration of Douglas Hercher in Support of Debtors Motions for Orders, #43 Exhibit 43 - Email chain between Brent Hall, Dante Massaro, and Chris La Mack, #44 Exhibit 44 - Letter agreement, #45 Exhibit 45 - Massaro deposition transcript excerpts (6/2/15), #46 Exhibit 46 - La Mack deposition transcript excerpts (5/29/15), #47 Exhibit 47 - Declaration of Atit Jariwala in Support of Debtors Omnibus Reply to Objections to Motion for Orders, #48 Exhibit 48 - Email chain with attachments between Garrett Giusti, Chris La Mack, Dante Massaro, and Atit Jariwala, #49 Exhibit 49 - Bedsole deposition transcript excerpts (4/28/17), #50 Exhibit 50 - email chain between Ritesh Jariwala, Bill Stelma, Steve Cius, Jerry Jeter, and Atit Jariwala, #51 Exhibit 51 - Stelma deposition transcript excerpts (1/5/16), #52 Exhibit 52 - Cius deposition transcript excerpts (2/19/16), #53 Exhibit 53 - Email with attachment from Ritesh Jariwala to Atit Jariwala, #54 Exhibit 54 - R. Jariwala deposition transcript excerpts (12/22/15), #55 Exhibit 55 - Written Consent of the Sole Member of Gemini Property Management, LLC, #56 Exhibit 56 - Subcontract Hotel Management Agreement, #57 Exhibit 57 - Email from William Obeid to Dante Massaro, #58 Exhibit 58 - Hotel Management Agreement by and between Gemini 37 West 24th Street MT, LLC and Gemini Property Management, LLC, #59 Exhibit 59 - Hotel Management Agreement by and between 52 West 13th P LLC and Gemini Property Management, LLC, #60 Exhibit 60 - Subcontract Hotel Management Agreement by and between Gemini Management Company, LLC and Gemini Hospitality Management, LLC, #61 Exhibit 61 - Email chain between Dante Massaro, Atit Jariwala, and Chris La Mack, #62 Exhibit 62 - email with attachment from William Obeid to pfisch, Dante Massaro, and Atit Jariwala, #63 Exhibit 63 - Hotel Management Agreement by and between ERG JFK Hotel LLC, as owner and Gemini Property Management, LLC, as Manager, #64 Exhibit 64 - Expert Report of Joseph T. Gardemal III, #65 Exhibit 65 - Expert Report of Embree C. Bedsole, #66 Exhibit 66 - Confidential Gemini Update for Will Obeid, #67 Exhibit 67 - Confidential Gemini Update for Will Obeid, #68 Exhibit 68 - Confidential Gemini Update for Will Obeid, #69 Exhibit 69 - Notice of Closing of Sale of Property Located at 52 West 13th Street, #70 Exhibit 70 - Notice of Closing of Sale of Property Located at 33 Peck Slip, #71 Exhibit 71 - Notice of Closing of Sale of Property Located at 37 West 24th Street, #72 Exhibit 72 - Confidential Gemini Update for Will Obeid 4Q2016, #73 Exhibit 73 - Confidential Gemini Update for Will Obeid 1Q2017, #74 Exhibit 74 - 1775 James Avenue Settlement Statement, #75 Exhibit 75 - Melling deposition transcript excerpts (11/10/15), #76 Exhibit 76 - Email chain with attachments between Manleen Singh, Mark LaConte, Jeffery Haroldson, and Scott Gautier, #77 Exhibit 77 - Email chain between Atit Jariwala, Victor Zajdel, and Akash Sharma, #78 Exhibit 78 - Email with attachment from Victor Zajdel to Atit Jariwala and Akash Sharma, #79 Exhibit 79 - Draft letter from Dante Massaro to Atit Jariwala, #80 Exhibit 80 - Email chain between Atit Jariwala, Mark Konarski, Tal Bar-Or, and Rael Gervis, #81 Exhibit 81 - Email chain between Mark Konarski and Atit Jariwala, #82 Exhibit 82 - Letter of Intent to acquire the property 52 West 13th Street, #83 Exhibit 83 - Email from Douglas Hercher to Lindsey Whang, David Smith, and Evan Hurd, #84 Exhibit 84 - Letter of Intent to Purchase Jade Hotel, #85 Exhibit 85 - Email chain between David Smith, Rex Hakimian, Evan Hurd, and Douglas Hercher, #86 Exhibit 86 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #87 Exhibit 87 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #88 Exhibit 88 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #89 Exhibit 89 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #90 Exhibit 90 - Affidavit of Douglas Hercher in Support of Application for Bond to Cancel Plaintiffs Notice of Pendency, #91 Exhibit 91 - Email chain with attachment between Helen Zaver to Dante Massaro, Chris La Mack, Chris Melling, Brian Munn, and Phillipa Wood, #92 Exhibit 92 - Microsoft Excel spreadsheet, #93 Exhibit 93 - Falik deposition transcript excerpts (5/1/17), #94 Exhibit 94 - Letter from Evan Hurd to Dante Massaro and Chris La Mack, #95 Exhibit 95 - Supplemental Declaration of Douglas Hercher in Support of Debtors Omnibus Reply to Objections to Motion for Orders, #96 Exhibit 96 - Marcus & Millichap Real Estate Investment Services Representation Agreement, #97 Exhibit 97 - Appraisal of Real Property for Jade Hotel Greenwich Village, #98 Exhibit 98 - The Jade Hotel, Greenwich Village Confidential Brokers Opinion of Value, Nov. 2014, #99 Exhibit 99 - The Jade Hotel, Greenwich Village Confidential Brokers Opinion of Value, Dec. 2014, #100 Exhibit 100 - Letter from Douglas Hercher to Dante Massaro, #101 Exhibit 101 - Email from Michael Sullivan to Atit Jariwala, #102 Exhibit 102 - Email chain with attachment between Atit Jariwala, Dante Massaro, Evan Hurd, Chris La Mack, and Chris Melling, #103 Exhibit 103 - Letter of Intent to purchase The Jade Hotel Greenwich Village, #104 Exhibit 104 - Hotel Purchase and Sale Agreement by and between 52 West 13th P, LLC, as the Seller, and Bridgeton Acquisitions, LLC, as the Purchaser, #105 Exhibit 105 - Email chain between Will Obeid, Terrence Lowenberg, Elizabeth Andrews, Steve Cius, Ritesh Jariwala, and Atit Jariwala, #106 Exhibit 106 - Affidavit of David Amirian, #107 Exhibit 107 - Marcus & Millichap Company Profile webpage, #108 Exhibit 108 - Marcus & Millichap Offering Memorandum for Holiday Inn Express & Suites Boston Garden, #109 Exhibit 109 - Microsoft Excel spreadsheet, #110 Exhibit 110 - Letter from Helen Zaver to Dante Massaro, Chris La Mack, and Chris Melling, #111 Exhibit 111 - Appraisal of Real Property for Holiday Inn Express & Suites Boston Garden, #112 Exhibit 112 - Letter of Intent to purchase the Holiday Inn Express & Suites Boston Garden, #113 Exhibit 113 - Hotel Purchase and Sale Agreement by and between Gemini 280 Friend MT, LLC, as the Seller,
June 15, 2017 Opinion or Order Filing 471 RULE 56.1 STATEMENT. Document filed by William T. Obeid. (Pencu, Alexander)
June 15, 2017 Opinion or Order Filing 470 DECLARATION of WILLIAM T. OBEID in Support re: #468 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Pencu, Alexander)
June 15, 2017 Opinion or Order Filing 469 MEMORANDUM OF LAW in Support re: #468 MOTION for Summary Judgment . . Document filed by William T. Obeid. (Pencu, Alexander)
June 15, 2017 Opinion or Order Filing 468 MOTION for Summary Judgment . Document filed by William T. Obeid.(Pencu, Alexander)
June 15, 2017 Opinion or Order Filing 467 RULE 56.1 STATEMENT. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 466 DECLARATION of Atit Jariwala in Support re: #464 MOTION for Summary Judgment .. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 465 MEMORANDUM OF LAW in Support re: #464 MOTION for Summary Judgment . . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 464 MOTION for Summary Judgment . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 463 DECLARATION of Joshua N. Paul in Support re: #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole.. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit 1 - Bedsole Expert Report, #2 Exhibit 2 - Gardemal Expert Report, #3 Exhibit 3 - Gardemal deposition transcript excerpts, #4 Exhibit 4 - Bedsole deposition transcript excerpts)(Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 462 MEMORANDUM OF LAW in Support re: #461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole. . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 461 MOTION To Exclude Portions of the Expert Report and Testimony of Embree C. Bedsole. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
June 15, 2017 Opinion or Order Filing 460 DECLARATION of Robert Muckenfuss in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A through T (Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order), #2 Exhibit U - Complaint filed in North Carolina General Court of Justice, Super. Ct. Div., Mecklenburg Cty., #3 Exhibit V through Z (Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order), #4 Exhibit AA - Declaration of Douglas Hercher filed in No. 15-12479 (Bankr. S.D.N.Y.), #5 Exhibit BB through GG (Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order), #6 Exhibit HH - Supplemental Declaration of Douglas Hercher filed in No. 15-12479 (Bankr. S.D.N.Y.), #7 Exhibit II through FFF ((Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order), #8 Exhibit GGG - Verified Complaint filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #9 Exhibit HHH - Notices of Pendency filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #10 Exhibit III - Judge Saliann Scarpulla's Order filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #11 Exhibit JJJ - May 21, 2015 Hearing Tr. filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #12 Exhibit KKK - Affidavit of Douglas Hercher filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #13 Exhibit LLL through VVV (Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order), #14 Exhibit WWW - Court and Trust Fund Receipts filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #15 Exhibit XXX through KKKK (Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order), #16 Exhibit LLLL - Notice of Appeal filed in No. 152596/2015 (Sup. Ct. N.Y. Cty.), #17 Exhibit MMMM through PPPP (Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order))(Muckenfuss, Robert)
June 15, 2017 Opinion or Order Filing 459 DECLARATION of William Stelma in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2017 Opinion or Order Filing 458 DECLARATION of Dante Massaro in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2017 Opinion or Order Filing 457 DECLARATION of Christopher La Mack in Support re: #454 MOTION for Summary Judgment .. Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2017 Opinion or Order Filing 456 MEMORANDUM OF LAW in Support re: #454 MOTION for Summary Judgment . . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2017 Opinion or Order Filing 455 RULE 56.1 STATEMENT. Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 15, 2017 Opinion or Order Filing 454 MOTION for Summary Judgment . Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 9, 2017 Opinion or Order Filing 453 SEALED DOCUMENT placed in vault.(rz)
June 8, 2017 Opinion or Order Filing 452 DECLARATION of Locke Beatty in Support re: #432 MOTION for Summary Judgment .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit 1 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit 2 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #3 Exhibit 3 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #4 Exhibit 4 - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Beatty, R.)
June 8, 2017 Opinion or Order Filing 451 REPLY MEMORANDUM OF LAW in Support re: #432 MOTION for Summary Judgment . . Document filed by Elevation Real Estate Group, LLC. (Beatty, R.)
June 1, 2017 Opinion or Order Filing 450 STIPULATED NON-WAIVER AGREEMENT AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) REGARDING PRODUCTION OF DOCUMENTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Produced Documents, as defined below, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order"), as set forth below. The purpose of this Rule 502(d) Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules, and as further set forth herein. SO ORDERED. Motions terminated: #449 LETTER MOTION to Compel the Individual Defendants to produce documents addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated May 22, 2017, filed by William T. Obeid. (Signed by Magistrate Judge Henry B. Pitman on 6/1/2017) (ras)
May 23, 2017 Opinion or Order Filing 449 LETTER MOTION to Compel the Individual Defendants to produce documents addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated May 22, 2017. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Stocks, Remy)
May 19, 2017 Opinion or Order Filing 448 DECLARATION of Alexander D. Pencu in Opposition re: #432 MOTION for Summary Judgment .. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40, #41 Exhibit Exhibit 41, #42 Exhibit Exhibit 42, #43 Exhibit Exhibit 43, #44 Exhibit Exhibit 44, #45 Exhibit Exhibit 45, #46 Exhibit Exhibit 46, #47 Exhibit Exhibit 47, #48 Exhibit Exhibit 48, #49 Exhibit Exhibit 49, #50 Exhibit Exhibit 50, #51 Exhibit Exhibit 51, #52 Exhibit Exhibit 52, #53 Exhibit Exhibit 53, #54 Exhibit Exhibit 54, #55 Exhibit Exhibit 55, #56 Exhibit Exhibit 56, #57 Exhibit Exhibit 57, #58 Exhibit Exhibit 58, #59 Exhibit Exhibit 59, #60 Exhibit Exhibit 60, #61 Exhibit Exhibit 61, #62 Exhibit Exhibit 62, #63 Exhibit Exhibit 63, #64 Exhibit Exhibit 64, #65 Exhibit Exhibit 65, #66 Exhibit Exhibit 66, #67 Exhibit Exhibit 67, #68 Exhibit Exhibit 68, #69 Exhibit Exhibit 69, #70 Exhibit Exhibit 70, #71 Exhibit Exhibit 71, #72 Exhibit Exhibit 72, #73 Exhibit Exhibit 73, #74 Exhibit Exhibit 74, #75 Exhibit Exhibit 75)(Stocks, Remy)
May 19, 2017 Opinion or Order Filing 447 RESPONSE in Opposition to Motion re: #432 MOTION for Summary Judgment . Response to Elevation Real Estate Group's Rule 56.1 Statement. Document filed by William T. Obeid. (Stocks, Remy)
May 18, 2017 Opinion or Order Filing 446 MEMORANDUM OF LAW in Opposition re: #432 MOTION for Summary Judgment . . Document filed by William T. Obeid. (Pencu, Alexander)
May 8, 2017 Opinion or Order Filing 445 NOTICE OF APPEARANCE by Christopher John Major on behalf of William T. Obeid. (Major, Christopher)
April 24, 2017 Opinion or Order Filing 444 ORDER FOR ADMISSION PRO HAC VICE granting #442 Motion for Jonathan Paul Harmon to Appear Pro Hac Vice. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 4/24/2017) (ras) Modified on 5/8/2017 (ras). Modified on 5/8/2017 (ras).
April 21, 2017 Opinion or Order Filing 443 ANSWER to #336 Amended Counterclaim. Document filed by William T. Obeid.(Stocks, Remy)
April 21, 2017 Opinion or Order Filing 442 MOTION for Jonathan Paul Harmon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A Affidavit of Jonathan P. Harmon, #2 Exhibit B Virginia Certificate of Good Standing, #3 Text of Proposed Order)(Harmon, Jonathan)
April 21, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #442 MOTION for Jonathan Paul Harmon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
April 20, 2017 Opinion or Order Filing 441 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO DEFENDANT ELEVATION REAL ESTATE GROUP, LLC'S MOTION FOR SUMMARY JUDGMENT: Motions terminated: #439 LETTER MOTION for Extension of Time to File Response/Reply as to #432 MOTION for Summary Judgment , addressed to Judge Laura Taylor Swain, from Alexander D. Pencu, dated April 18, 2017, filed by William T. Obeid. DE #439 resolved. IT IS SO ORDERED. (Responses due by 5/18/2017. Replies due by 6/8/2017.) (Signed by Judge Laura Taylor Swain on 4/20/2017) (ap) Modified on 4/20/2017 (ap).
April 18, 2017 Opinion or Order Filing 439 LETTER MOTION for Extension of Time to File Response/Reply as to #432 MOTION for Summary Judgment . addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated April 18, 2017. Document filed by William T. Obeid. (Attachments: #1 Stipulation and Proposed Order)(Pencu, Alexander)
April 14, 2017 Opinion or Order Filing 438 SEALED DOCUMENT placed in vault.(mps)
April 13, 2017 Opinion or Order Filing 440 ORDER granting #430 Letter Motion for Extension of Time. The schedule set forth above is approved. (Signed by Magistrate Judge Henry B. Pitman on 4/13/2017) (cf)
April 13, 2017 Opinion or Order Set/Reset Deadlines: (Expert Discovery due by 6/1/2017., Motions due by 8/18/2017., Responses due by 7/21/2017, Replies due by 8/8/2017.), Set/Reset Hearings: (Final Pretrial Conference set for 10/6/2017 at 03:00 PM before Magistrate Judge Laura Taylor Swain.) (cf) Modified on 5/1/2017 (cf).
April 12, 2017 Opinion or Order Filing 437 STIPULATION AND ORDER EXTENDING OBEID'S TIME TO RESPOND TO THE INDIVIDUAL DEFENDANTS' AMENDED COUNTERCLAIMS: The time for plaintiff William T. Obeid to file his Answer to defendants Christopher La Mack and Dante Massaro's (together, the "Individual Defendants") Amended Counterclaims [ECF No. 336] is hereby extended until April 21, 2017. (As further set forth in this Order.) William T. Obeid answer due 4/21/2017., Motions terminated: #431 LETTER MOTION for Extension of Time to File Answer re: #336 Amended Counterclaim addressed to Judge Laura Taylor Swain from Remy J. Stocks dated April 11, 2017. filed by William T. Obeid (Signed by Magistrate Judge Henry B. Pitman on 4/12/2017) (cf)
April 11, 2017 Opinion or Order Filing 436 DECLARATION of Robert Muckenfuss in Support re: #432 MOTION for Summary Judgment .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit A - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #2 Exhibit B - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #3 Exhibit C - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #4 Exhibit D - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #5 Exhibit E - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #6 Exhibit F - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #7 Exhibit G - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #8 Exhibit H - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #9 Exhibit I - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #10 Exhibit J - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #11 Exhibit K - Complaint filed in N.C. Gen. Ct. of Justice, Super. Ct. Div., Mecklenburg Cty., #12 Exhibit L - Rule 7.1 Corporate Disclosure Statement [ECF No. 226], #13 Exhibit M - Massaro Decl. ISO MTD Second Am. Compl. and Ex. A [ECF Nos. 243 and 243-1], #14 Exhibit N - Second Massaro Decl. ISO MTD Second Am. Compl. [ECF No. 286], #15 Exhibit O - Restated Limited Liability Company Agreement (Ex. 1 to the Third Am. Compl. [ECF No. 327-1]), #16 Exhibit P - Mem. Opinion and Order [ECF No. 406], #17 Exhibit Q - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #18 Exhibit R - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #19 Exhibit S - Certificate of Formation, #20 Exhibit T - State of Delaware Certificate of Cancellation, #21 Exhibit U - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #22 Exhibit V - Email dated July 1, 2015, #23 Exhibit W - Chargebacks from May 2015 through December 2015, #24 Exhibit X - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #25 Exhibit Y - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #26 Exhibit Z - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #27 Exhibit AA - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #28 Exhibit BB - Email dated May 8, 2015, #29 Exhibit CC - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #30 Exhibit DD - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order, #31 Exhibit EE - Filed Under Seal Pursuant to the Court's July 28, 2015 Confidentiality Order)(Beatty, R.)
April 11, 2017 Opinion or Order Filing 435 DECLARATION of Dante Massaro in Support re: #432 MOTION for Summary Judgment .. Document filed by Elevation Real Estate Group, LLC. (Beatty, R.)
April 11, 2017 Opinion or Order Filing 434 MEMORANDUM OF LAW in Support re: #432 MOTION for Summary Judgment . . Document filed by Elevation Real Estate Group, LLC. (Beatty, R.)
April 11, 2017 Opinion or Order Filing 433 RULE 56.1 STATEMENT. Document filed by Elevation Real Estate Group, LLC. (Beatty, R.)
April 11, 2017 Opinion or Order Filing 432 MOTION for Summary Judgment . Document filed by Elevation Real Estate Group, LLC.(Beatty, R.)
April 11, 2017 Opinion or Order Filing 431 LETTER MOTION for Extension of Time to File Answer re: #336 Amended Counterclaim addressed to Judge Laura Taylor Swain from Remy J. Stocks dated April 11, 2017. Document filed by William T. Obeid. (Attachments: #1 Stipulation and Proposed Order)(Stocks, Remy)
April 10, 2017 Opinion or Order Filing 430 JOINT LETTER MOTION for Extension of Time of deadlines in Scheduling Order addressed to Judge Laura Taylor Swain from Elizabeth Timmermans dated April 10, 2017. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Timmermans, Elizabeth)
March 31, 2017 Opinion or Order Filing 429 MEMORANDUM OPINION AND ORDER: re: #365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim filed by William T. Obeid. Obeid's motion to dismiss the Individual Defendants' Amended Counterclaims is denied in part and granted in part. Obeid's motion to dismiss the entire set of the Amended Counterclaims for lack of standing is denied. The Court finds that the Individual Defendants have standing to litigate the direct claims identified in Section 1 of the Discussion Section of this Memorandum Opinion and Order. The motion to dismiss for lack of standing is granted to the extent that the Individual Defendants are asserting injuries that are derivative of Gemini's rights and injuries, as explained in Section 1 above. Obeid's motion to dismiss the remaining element of the North Carolina Unfair and Deceptive Trade Practices (Count Eight) for failure to state a claim is granted. Obeid's motion to dismiss the remaining element of the breach of contract claim (Count Five) is granted in part and denied in part, and Obeid's motion to dismiss the fraud counterclaim (Count Four) is granted in part and denied in part. Obeid's motion to dismiss the direct elements of the Amended Counterclaims is denied in all other respects. This Memorandum Opinion and Order resolves docket entry number 365. The case remains referred to Magistrate Judge Pitman for general pre-trial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/31/2017) (ama)
March 29, 2017 Opinion or Order Filing 428 NOTICE of Change of Firm Name. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
March 17, 2017 Opinion or Order Filing 427 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonathan P. Harmon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order)(Harmon, Jonathan) Modified on 3/17/2017 (jc).
March 17, 2017 Opinion or Order Filing 426 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonathan P. Harmon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13432710. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Attachments: #1 Text of Proposed Order)(Harmon, Jonathan) Modified on 3/17/2017 (ma).
March 17, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #426 MOTION for Jonathan P. Harmon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13432710. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3 AND CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF VIRGINIA.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
March 17, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #427 MOTION for Jonathan P. Harmon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reasons: 1) missing Certificate of Good Standing from Supreme Court of Virginia (our court does not accept state bar certificates); and 2) missing Attorney Affidavit - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
March 10, 2017 Opinion or Order Filing 425 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 11/10/2016 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.(jgo)
March 10, 2017 Opinion or Order Filing 424 TRANSCRIPT of Proceedings re: Status Conference held on 11/10/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/8/2017.(jgo)
January 27, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 1/27/2017. (bh)
December 9, 2016 Opinion or Order Filing 423 ORDER: A pre-trial conference was last held in this matter on November 10, 2016. The Court hereby makes the following provisions for scheduling and trial in this matter. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be directed to Judge Swain and shall be served and filed on or before May 15, 2017. Motions due by 6/23/2017. Expert Discovery due by 4/28/2017. Counsel for all parties must confer and must prepare, execute and file with the Court, with one courtesy copy provided to the chambers of Judge Swain, no later than June 23, 2017, a single document captioned JOINT PRE-TRIAL STATEMENT. Final Pretrial Conference set for 6/23/2017 at 12:00 PM before Magistrate Judge Henry B. Pitman. IT IS SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/09/2016) (ama)
December 9, 2016 Opinion or Order Filing 422 OPINION AND ORDER #106948 re: #396 MOTION to Compel William T. Obeid to produce documents. filed by Christopher La Mack, Dante Massaro. By notice of motion dated June 17, 2016 (Docket Item ("D.I.") 396), defendants La Mack and Massaro (the "Individual Defendants") seek to compel plaintiff to produce certain documents that plaintiff has withheld on the ground of attorney client privilege and as trial preparation material. (As further set forth in in this Order.) Therefore, the Individual Defendants' motion to compel plaintiff to produce documents is granted in full with respect to documents 3095, 5332, 20679, 21412, 21426, 21465, 21466, 21470, 21473 and 21474 and is granted in part with respect to documents 2912, 5331, 21471, 22918 and 22923. The Clerk of the Court is respectfully requested to close Docket Item 396. (Signed by Magistrate Judge Henry B. Pitman on 12/9/2016) Copies Sent By Chambers (cf) Modified on 12/22/2016 (anc).
November 18, 2016 Opinion or Order Filing 421 LETTER addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu, Esq. dated November 18, 2016 re: plaintiff's availability for a settlement conference. Document filed by William T. Obeid.(Pencu, Alexander)
November 17, 2016 Opinion or Order Filing 420 LETTER addressed to Magistrate Judge Henry B. Pitman from Seth A. Moskowitz dated 11/17/16 re: Settlement Conference. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Moskowitz, Seth)
November 10, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Status Conference held on 11/10/2016. (bh)
October 27, 2016 Opinion or Order A status conference is set for 11/10/2016 at 3:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
October 19, 2016 Opinion or Order Filing 419 LETTER addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated October 19, 2016 re: status of motions and request for status conference. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
October 19, 2016 Opinion or Order Filing 418 ORDER: The final pre-trial conference scheduled for October 21, 2016, is adjourned to January 19, 2017, at 10 a.m. (Final Pretrial Conference set for 1/19/2017 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/19/2016) (cf)
October 14, 2016 Opinion or Order Filing 417 ANSWER to #327 Amended Complaint,,. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
October 14, 2016 Opinion or Order Filing 416 ANSWER to #327 Amended Complaint,,. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
October 13, 2016 Opinion or Order Filing 415 ORDER terminating #407 Motion to extend the February 29, 2016 Escrow Agreement established in related bankruptcy proceedings re: #414 Letter. The Clerk of Court is directed to terminate DE # 407. (Signed by Judge Laura Taylor Swain on 10/12/2016) (cf)
October 11, 2016 Opinion or Order Filing 414 LETTER addressed to Judge Laura Taylor Swain from Remy J. Stocks dated October 11, 2016 re: Escrow Extension Motion. Document filed by William T. Obeid.(Stocks, Remy)
October 11, 2016 Opinion or Order Filing 413 ORDER: The Court has received a letter, dated October 6, 2016, from Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisition, LLC and Atit Jariwala (collectively, the "Bridgeton Defendants"), noting that the Court did not address the motion to dismiss the derivative Computer Fraud and Abuse Act ("CFAA") claim as against the Bridgeton Defendants (Count 13) in its September 30, 2016, Memorandum Opinion and Order ("September 2016 Order," docket entry no. 406). The CFAA claims as against defendants Massaro and La Mack (the "Individual Defendants") and Elevation have already been dismissed. (See id.; docket entry no. 352.) (As further set forth in this Order.) For substantially the reasons already explained in the September 2016 Order, the CFAA claim (Count 13) is dismissed as against the Bridgeton Defendants. (Signed by Judge Laura Taylor Swain on 10/11/2016) (cf)
October 6, 2016 Opinion or Order Filing 412 LETTER addressed to Judge Laura Taylor Swain from Emilie B. Cooper dated October 6, 2016 re: CFAA Claim. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
October 5, 2016 Opinion or Order Filing 411 ORDER: It is hereby ORDERED that Plaintiff withdraw his motion without prejudice to renewal before the bankruptcy court, or show cause, in writing filed by October 11, 2016, as to why the motion should not be referred to the bankruptcy court pursuant to 28 U.S.C. 157(a) and this District's Standing Order of Reference. (As further set forth in this Order.) Show Cause Response due by 10/11/2016. (Signed by Judge Laura Taylor Swain on 10/5/2016) (cf)
October 3, 2016 Opinion or Order Filing 410 MEMORANDUM OF LAW in Support re: #407 MOTION extend the February 29, 2016 Escrow Agreement established in related bankruptcy proceedings . . Document filed by William T. Obeid. (Stocks, Remy)
October 3, 2016 Opinion or Order Filing 409 DECLARATION of Remy J. Stocks in Support re: #407 MOTION extend the February 29, 2016 Escrow Agreement established in related bankruptcy proceedings .. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Stocks, Remy)
October 3, 2016 Opinion or Order Filing 408 DECLARATION of Alexander D. Pencu in Support re: #407 MOTION extend the February 29, 2016 Escrow Agreement established in related bankruptcy proceedings .. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Stocks, Remy)
October 3, 2016 Opinion or Order Filing 407 MOTION extend the February 29, 2016 Escrow Agreement established in related bankruptcy proceedings . Document filed by William T. Obeid.(Stocks, Remy)
September 30, 2016 Opinion or Order Filing 406 MEMORANDUM OPINION AND ORDER re: #332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC, #329 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Christopher La Mack, Dante Massaro. The Individual Defendants' motion to dismiss the TAC is granted in part and denied in part, as follows. The Individual Defendants' motion is granted as to: the Lanham Act claims (Counts 4 and 6); the breach of contract claims (Counts 7 and 8); the conversion claim insofar as it is based on duplication and use of Gemini's network (Count 10); the CFAA claim (Count 13); the declaratory judgment claim (Count 20); and the prima facie tort claim (Count 21). The Individual Defendants' motion to dismiss the TAC is denied in all other respects. The Bridgeton Defendants' motion to dismiss the TAC is granted in part and denied in part, as follows. The Bridgeton Defendant's motion is granted as to: the Lanham Act claims (Counts 3 and 5); the unfair competition claim (Count 9); the conversion claim (Count 11); the breach of contract claim against Jariwala (Count 12); the tortious interference with hotel management contracts claims (Counts 18 and 19); and the declaratory judgment claim (Count 20). The Bridgeton Defendants' motion to dismiss the TAC is denied in all other respects. This Memorandum and Order resolves docket entry numbers 329 and 332. The case remains referred to Magistrate Judge Pitman for general pre-trial management. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 9/30/2016) (kko)
July 1, 2016 Opinion or Order Filing 405 REPLY MEMORANDUM OF LAW in Support re: #396 MOTION to Compel William T. Obeid to produce documents. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 27, 2016 Opinion or Order Filing 404 SEALED DOCUMENT placed in vault.(mps)
June 24, 2016 Opinion or Order Filing 403 DECLARATION of Remy J. Stocks in Opposition re: #396 MOTION to Compel William T. Obeid to produce documents.. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Stocks, Remy)
June 24, 2016 Opinion or Order Filing 402 DECLARATION of William T. Obeid in Opposition re: #396 MOTION to Compel William T. Obeid to produce documents.. Document filed by William T. Obeid. (Stocks, Remy)
June 24, 2016 Opinion or Order Filing 401 DECLARATION of Edward Schmidt in Opposition re: #396 MOTION to Compel William T. Obeid to produce documents.. Document filed by William T. Obeid. (Stocks, Remy)
June 24, 2016 Opinion or Order Filing 400 MEMORANDUM OF LAW in Opposition re: #396 MOTION to Compel William T. Obeid to produce documents. . Document filed by William T. Obeid. (Stocks, Remy)
June 20, 2016 Opinion or Order Filing 399 LETTER addressed to Judge Laura Taylor Swain from Stephen B. Meister dated June 20, 2016 re: June 10, 2016 decision and order of the Delaware Chancery Court. Document filed by William T. Obeid.(Meister, Stephen)
June 17, 2016 Opinion or Order Filing 398 MEMORANDUM OF LAW in Support re: #396 MOTION to Compel William T. Obeid to produce documents. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
June 17, 2016 Opinion or Order Filing 397 DECLARATION of Robert A. Muckenfuss in Support re: #396 MOTION to Compel William T. Obeid to produce documents.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Muckenfuss, Robert)
June 17, 2016 Opinion or Order Filing 396 MOTION to Compel William T. Obeid to produce documents. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 15, 2016 Opinion or Order Filing 395 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a : Scheduling Conference and Discovery Hearing proceeding held on 06/10/2016 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...(ca)
June 15, 2016 Opinion or Order Filing 394 TRANSCRIPT of Proceedings re: : Scheduling Conference and Discovery Hearing held on 6/10/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/16/2016.(ca)
June 10, 2016 Opinion or Order Filing 393 ORDER terminating #386 Letter Motion for Local Rule 37.2 Conference. 1. The deadlines set forth in paragraphs 3-9 of the Amended Pre-Trial Scheduling Order dated January 29, 2016 (Docket Item 319) are adjourned sine die pending the resolution of the motions to dismiss. Defendants are to advise my chambers promptly, in writing, of the resolution of the motions to dismiss. 2. The Individual Defendants shall serve and file their motion to compel production of the Schmidt Documents that are being withheld on the basis of a privilege no later than June 17, 2016. Plaintiff shall serve and file his opposition no later than June 24, 2016. The Individual Defendants shall serve and file their reply no later than July 1, 2016. The opening briefs are limited to 20 pages and the reply is limited to 10 pages. All briefs are to be in 12 point type, including footnotes, double-spaced and with one-inch margins. 3. The last sentence of Paragraph 4 of the Order I issued on June 9, 2016 (Docket Item 392) is hereby amended to read as follows: "The read-only version of the M3 database is to be made available to plaintiff by June 24, 2016." The Clerk of the Court is directed to mark Docket Item 386 as closed. (Signed by Magistrate Judge Henry B. Pitman on 6/10/2016) Copies Sent By Chambers. (lmb) Modified on 6/17/2016 (lmb).
June 10, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Scheduling Conference and Discovery Hearing held on 6/10/2016. (bh)
June 10, 2016 Opinion or Order Set/Reset Deadlines: Motions due by 6/17/2016. Responses due by 6/24/2016. Replies due by 7/1/2016. (lmb)
June 9, 2016 Opinion or Order Filing 392 ORDER terminating #340 Letter Motion to Compel; terminating #354 Letter Motion for Discovery; terminating #356 Letter Motion to Compel; terminating #357 Letter Motion for Local Rule 37.2 Conference; terminating #359 Letter Motion to Compel; terminating #363 Letter Motion for Extension of Time. I write to memorialize the rulings that I made at a discovery conference held on April 8, 2016 and to resolve a discovery issue left open after the discovery conference held on May 5, 2016 as further set forth in this order. The Clerk of the Court is directed to mark Docket Items 340, 354, 356, 357, 359 and 363 closed. (Signed by Magistrate Judge Henry B. Pitman on 6/9/2016) Copies Sent By Chambers. (lmb)
June 9, 2016 Opinion or Order Filing 391 STIPULATED NON-WAIVER AGREEMENT AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) REGARDING PRODUCTION OF DOCUMENTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Disputed Documents, as defined below, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order"), as set forth below. The purpose of this Rule 502(d) Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules as further set forth in this order., Motions terminated: #390 LETTER MOTION for Discovery re Stipulated Non-Waiver Agreement and Order Pursuant to FRE 502(d) Regarding Production of Documents addressed to Magistrate Judge Henry B. Pitman from Elizabeth Timmermans dated June 9, 2016. filed by Christopher La Mack, Dante Massaro. (Signed by Magistrate Judge Henry B. Pitman on 6/9/2016) (lmb)
June 9, 2016 Opinion or Order Filing 390 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery re Stipulated Non-Waiver Agreement and Order Pursuant to FRE 502(d) Regarding Production of Documents addressed to Magistrate Judge Henry B. Pitman from Elizabeth Timmermans dated June 9, 2016. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Text of Proposed Order Stipulated Non-Waiver Agreement and Proposed Order)(Timmermans, Elizabeth) Modified on 6/10/2016 (db).
June 9, 2016 Opinion or Order Filing 389 DECLARATION of Alexander D. Pencu in Opposition re: #386 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert Muckenfuss dated June 2, 2016.. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Stocks, Remy)
June 9, 2016 Opinion or Order Filing 388 DECLARATION of William T. Obeid in Opposition re: #386 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert Muckenfuss dated June 2, 2016.. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S)(Stocks, Remy)
June 9, 2016 Opinion or Order Filing 387 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated June 9, 2016 re: #386 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert Muckenfuss dated June 2, 2016. . Document filed by William T. Obeid. (Stocks, Remy)
June 2, 2016 Opinion or Order Filing 386 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert Muckenfuss dated June 2, 2016. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A)(Muckenfuss, Robert)
May 23, 2016 Opinion or Order Filing 385 DECLARATION of Alexander D. Pencu, Esq. in Support re: #365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pencu, Alexander)
May 23, 2016 Opinion or Order Filing 384 REPLY MEMORANDUM OF LAW in Support re: #365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim. . Document filed by William T. Obeid. (Pencu, Alexander)
May 9, 2016 Opinion or Order Filing 383 LETTER addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated May 9, 2016 re: the representation of counsel for the Bridgeton Defendants concerning the Bridgeton Defendants' production of documents responsive to Mr. Obeid's Second Requests for Production. Document filed by William T. Obeid. (Attachments: #1 Affidavit Declaration of Alexander D. Pencu, #2 Affidavit Declaration of Remy J. Stocks)(Stocks, Remy)
May 9, 2016 Opinion or Order Filing 382 LETTER addressed to Magistrate Judge Henry B. Pitman from Joshua N. Paul dated May 9, 2016 re: whether counsel for the Bridgeton Defendants represented that the documents produced by the Gemini nominal defendants on January 20, 2016 included all of the information contained in the M3 accounting database. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A)(Paul, Joshua)
May 5, 2016 Opinion or Order Filing 381 STIPULATED NON-WAIVER AGREEMENT AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) REGARDING PRODUCTION OF DOCUMENTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Disputed Documents, as defined below, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order"), as set forth below. The purpose of this Rule 502(d) Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules as further set forth in this order. (Signed by Magistrate Judge Henry B. Pitman on 5/5/2016) (lmb)
May 5, 2016 Opinion or Order Filing 380 STIPULATED NON-WAIVER AGREEMENT AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) REGARDING PRODUCTION OF DOCUMENTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Disputed Documents, as defined below, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order"), as set forth below. The purpose of this Rule 502(d) Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules as further set forth in this order., Motions terminated: #379 JOINT LETTER MOTION for Discovery regarding Stipulated Non-Waiver Agreements and Proposed Orders Pursuant to FRE 502(d) addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated May 4, 2016. filed by William T. Obeid. (Signed by Magistrate Judge Henry B. Pitman on 5/5/2016) (lmb) Modified on 5/16/2016 (lmb).
May 5, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 5/5/2016. (bh)
May 4, 2016 Opinion or Order Filing 379 JOINT LETTER MOTION for Discovery regarding Stipulated Non-Waiver Agreements and Proposed Orders Pursuant to FRE 502(d) addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated May 4, 2016. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulated Non-Waiver Agreement and Proposed Order - Obeid, Arcade Capital & Rosen, #2 Text of Proposed Order Stipulated Non-Waiver Agreement and Proposed Order - Elevation & Melling)(Stocks, Remy)
May 2, 2016 Opinion or Order Filing 378 RESPONSE in Opposition to Motion re: #365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 28, 2016 Opinion or Order Filing 377 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 04/08/2016 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...(ca)
April 28, 2016 Opinion or Order Filing 376 TRANSCRIPT of Proceedings re: Discovery Hearing held on 4/8/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Ruth Ann Hagar, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016.(ca)
April 8, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 4/8/2016. (bh)
April 7, 2016 Opinion or Order Filing 375 SEALED DOCUMENT placed in vault.(mps)
April 7, 2016 Opinion or Order Filing 374 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated April 7, 2016 re: #356 LETTER MOTION to Compel defendant Elevation Real Estate Group, LLC and non-party Christopher Melling to produce improperly withheld documents addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated March 24, 2016. . Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B (Confidential), #3 Exhibit C (Confidential), #4 Exhibit D, #5 Exhibit E, #6 Exhibit F (Confidential))(Muckenfuss, Robert)
April 7, 2016 Opinion or Order Filing 373 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated April 7, 2016 re: #357 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated March 24, 2016. . Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Stocks, Remy)
April 7, 2016 Opinion or Order Filing 372 LETTER REPLY to Response to Motion addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated April 6, 2016 re: #359 LETTER MOTION to Compel the Bridgeton Defendants and Gemini Nominal Defendants to produce documents in response to Mr. Obeid's Third Requests for Production addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated M . Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Stocks, Remy)
April 5, 2016 Opinion or Order Filing 371 LETTER addressed to Magistrate Judge Henry B. Pitman from M. Smith dated 04/05/2016 re: Gemini. Document filed by Gemini Real Estate Advisors L.L.C..(Smith, Michael)
April 5, 2016 Opinion or Order Filing 370 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated April 5, 2016 re: #359 LETTER MOTION to Compel the Bridgeton Defendants and Gemini Nominal Defendants to produce documents in response to Mr. Obeid's Third Requests for Production addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated M . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Cooper, Emilie)
April 5, 2016 Opinion or Order Filing 369 LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated April 5, 2016 re: #363 LETTER MOTION for Extension of Time for the deadlines in the Amended Pre-trial Scheduling Order which was So-Ordered by Judge Pitman on January 29, 2016. addressed to Magistrate Judge Henry B. Pitman from Emilie Cooper dated April 4, 2016. . Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 5, 2016 Opinion or Order Filing 368 SEALED DOCUMENT placed in vault.(mps)
April 4, 2016 Opinion or Order Filing 367 DECLARATION of Alexander D. Pencu in Support re: #365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C part 1 of 2, #4 Exhibit C part 2 of 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Pencu, Alexander)
April 4, 2016 Opinion or Order Filing 366 MEMORANDUM OF LAW in Support re: #365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim. . Document filed by William T. Obeid. (Pencu, Alexander)
April 4, 2016 Opinion or Order Filing 365 MOTION to Dismiss the Individual Defendants Christopher La Mack and Dante Massaro's Amended Counterclaim. Document filed by William T. Obeid.(Pencu, Alexander)
April 4, 2016 Opinion or Order Filing 364 REPLY MEMORANDUM OF LAW in Support re: #332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
April 4, 2016 Opinion or Order Filing 363 LETTER MOTION for Extension of Time for the deadlines in the Amended Pre-trial Scheduling Order which was So-Ordered by Judge Pitman on January 29, 2016. addressed to Magistrate Judge Henry B. Pitman from Emilie Cooper dated April 4, 2016. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
April 4, 2016 Opinion or Order Filing 362 REPLY MEMORANDUM OF LAW in Support re: #329 MOTION to Dismiss Plaintiff's Third Amended Complaint. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
April 4, 2016 Opinion or Order Filing 361 ANSWER to #327 Amended Complaint,,. Document filed by Elevation Real Estate Group, LLC.(Muckenfuss, Robert)
March 28, 2016 Opinion or Order Filing 360 SEALED DOCUMENT placed in vault.(mps)
March 25, 2016 Opinion or Order Filing 359 LETTER MOTION to Compel the Bridgeton Defendants and Gemini Nominal Defendants to produce documents in response to Mr. Obeid's Third Requests for Production addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated March 25, 2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Stocks, Remy)
March 25, 2016 Opinion or Order Filing 358 SEALED DOCUMENT placed in vault.(mps)
March 24, 2016 Opinion or Order Filing 357 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated March 24, 2016. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Muckenfuss, Robert)
March 24, 2016 Opinion or Order Filing 356 LETTER MOTION to Compel defendant Elevation Real Estate Group, LLC and non-party Christopher Melling to produce improperly withheld documents addressed to Magistrate Judge Henry B. Pitman from Remy J. Stocks dated March 24, 2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S)(Stocks, Remy)
March 23, 2016 Opinion or Order Filing 355 SEALED DOCUMENT placed in vault.(mps)
March 23, 2016 Opinion or Order Filing 354 LETTER MOTION for Discovery Concerning the need for Gemini's Rule 30(b)(6) deposition addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated March 22, 2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P)(Stocks, Remy)
March 18, 2016 Opinion or Order Filing 353 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO THE INDIVIDUAL DEFENDANTS' AMENDED COUNTERCLAIMS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff William T. Obeid ("Obeid") and defendants Christopher La Mack and Dante Massaro (together, the "Individual Defendants"): 1. Obeid's time to respond to the Individual Defendants' February 26, 2016 Amended Counterclaims [ECF No. 336] (the "Amended Counterclaims") is hereby extended to April 4, 2016; 2. To the extent the Individual Defendants do not intend to seek leave pursuant to Rule 2(b)(iii) of the Court's Individual Rules of Practice, the Individual Defendants' opposition to Obeid 's motion shall be filed on or before May 2, 20 16; 3. Obeid's reply shall be filed on or before May 23, 2016. (William T. Obeid answer due 4/4/2016.) (Responses due by 5/2/2016.) (Replies due by 5/23/2016.) (Signed by Judge Laura Taylor Swain on 3/18/2016) (spo)
March 17, 2016 Opinion or Order ***DELETED DOCUMENT. Deleted document number #353 MEMORANDUM OPINION AND ORDER. The document was incorrectly filed in this case. (ama)
March 17, 2016 Opinion or Order Filing 352 MEMORANDUM OPINION AND ORDER re: #242 MOTION to Dismiss, filed by Elevation Real Estate Group, LLC. Elevation's motion to dismiss the Third Amended Complaint is granted insofar as it is directed to the CFAA claim and to the element of the conversion claim that is premised on duplication of the computer network and related data, and is denied in all other respects. This memorandum opinion and order resolves docket entry number 242. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 3/17/2016) (spo)
March 14, 2016 Opinion or Order Filing 351 DECLARATION of ALEXANDER D. PENCU in Opposition re: #332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6).. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Pencu, Alexander)
March 14, 2016 Opinion or Order Filing 350 MEMORANDUM OF LAW in Opposition re: #332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by William T. Obeid. (Pencu, Alexander)
March 14, 2016 Opinion or Order Filing 349 DECLARATION of Alexander D. Pencu in Opposition re: #329 MOTION to Dismiss Plaintiff's Third Amended Complaint.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Pencu, Alexander)
March 14, 2016 Opinion or Order Filing 348 MEMORANDUM OF LAW in Opposition re: #329 MOTION to Dismiss Plaintiff's Third Amended Complaint. . Document filed by William T. Obeid. (Pencu, Alexander)
March 14, 2016 Opinion or Order Filing 347 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 03/08/2016 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...(ca)
March 14, 2016 Opinion or Order Filing 346 TRANSCRIPT of Proceedings re: Discovery Hearing held on 3/8/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: KATHLEEN M. PRICE, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/16/2016.(ca)
March 11, 2016 Opinion or Order Filing 345 ORDER granting #335 Letter Motion for Local Rule 37.2 Conference. A conference having been held in this matter on March 8, 2016, during which various discovery issues were discussed, after hearing counsel for all parties, for the reasons stated on the record in open court, it is hereby ORDERED that: 1. The objections of defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC (the "Bridgeton Entities") and Atit Jariwala (together with the Bridgeton Entities, the "Bridgeton Defendants") to Amended Topic #4 of plaintiff's Rule 30(b) (6) Notice to the Bridgeton Entities are sustained in part and overruled in part. Amended Topic #4 is limited to testimony concerning the Bridgeton Defendants' net operating income, gross revenues and profits for current or former Gemini properties from 2013 to the present as further set forth in this order. (Signed by Magistrate Judge Henry B. Pitman on 3/11/2016) Copies Sent By Chambers. (lmb)
March 9, 2016 Opinion or Order Filing 344 ORDER TO SHOW CAUSE: that no later than March 21, 2016, Mr. Cohen is either to contact counsel for Messrs. La Mack and Massaro (Robert A. Muckenfuss, Esq., McGuire Woods LLP, Suite 3000, 201 North Tryon St., Charlotte, North Carolina 28202, Tel. 704-343-2052) and arrange for his deposition to be conducted or to show cause in writing before me why he is unable to sit for a deposition and unable to produce the documents sought by defendants. Mr. Cohen is warned that an unjustified failure to comply with this Order may be treated as a contempt of Court and my result in arrest, incarceration or other sanction. (Signed by Magistrate Judge Henry B. Pitman on 3/8/2016) Copies Transmitted By Chambers. (tn)
March 9, 2016 Opinion or Order Filing 343 ORDER TO SHOW CAUSE: that no later than March 21, 2016, Mr. Lowenberg is either to contact counsel for Messrs. La Mack and Massaro (Robert A. Muckenfuss, Esq., McGuire Woods LLP, Suite 3000, 201 North Tryon St., Charlotte, North Carolina 28202, Tel. 704-343-2052) and arrange for his deposition to be conducted or to show cause in writing before me why he is unable to sit for a deposition and unable to produce the documents sought by defendants. Mr. Lowenberg is warned that an unjustified failure to comply with this Order may be treated as a contempt of Court and my result in arrest, incarceration or other sanction. (Signed by Magistrate Judge Henry B. Pitman on 3/8/2016) Copies Transmitted By Chambers. (tn)
March 8, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 3/8/2016. (bh)
March 7, 2016 Opinion or Order Filing 342 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated March 7, 2016 re: #340 LETTER MOTION to Compel the Gemini Nominal Defendants to comply with the Court's January 15, 2016 Order addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated March 4, 2016. . Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A)(Muckenfuss, Robert)
March 4, 2016 Opinion or Order Filing 341 LETTER addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated March 4, 2016 re: the letter dated March 1, 2016. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
March 4, 2016 Opinion or Order Filing 340 LETTER MOTION to Compel the Gemini Nominal Defendants to comply with the Court's January 15, 2016 Order addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated March 4, 2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Stocks, Remy)
March 3, 2016 Opinion or Order The discovery conference previously scheduled for March 21, 2016 is now set for March 8, 2016 at 2:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
March 2, 2016 Opinion or Order Filing 339 LETTER MOTION to Adjourn Conference on anticipated motion for a protective order currently scheduled for March 21, 2016 addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated March 2, 2016. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
March 1, 2016 Opinion or Order Filing 338 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated March 1, 2016 re: #335 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated February 24, 2016. . Document filed by William T. Obeid. (Stocks, Remy)
March 1, 2016 Opinion or Order Filing 337 LETTER MOTION for Local Rule 37.2 Conference Requesting Court to hear discussion regarding motion to enforce subpoena on Todd Cohen and Terrence Lowenberg addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated March 1, 2016. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Muckenfuss, Robert)
February 29, 2016 Opinion or Order A discovery conference is set for 3/21/2016 at 2:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
February 26, 2016 Opinion or Order Filing 336 AMENDED COUNTERCLAIM amending #327 Amended Complaint,, against William T. Obeid.Document filed by Christopher La Mack, Dante Massaro. Related document: #327 Amended Complaint,, filed by William T. Obeid.(Muckenfuss, Robert)
February 24, 2016 Opinion or Order Filing 335 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated February 24, 2016. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G Part 1, #8 Exhibit G Part 2, #9 Exhibit G Part 3)(Cooper, Emilie)
February 12, 2016 Opinion or Order Filing 334 DECLARATION of Emilie B. Cooper in Support re: #332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6).. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Cooper, Emilie)
February 12, 2016 Opinion or Order Filing 333 MEMORANDUM OF LAW in Support re: #332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Cooper, Emilie)
February 12, 2016 Opinion or Order Filing 332 MOTION to Dismiss the Third Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
February 12, 2016 Opinion or Order Filing 331 MEMORANDUM OF LAW in Support re: #329 MOTION to Dismiss Plaintiff's Third Amended Complaint. . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
February 12, 2016 Opinion or Order Filing 330 DECLARATION of Robert A. Muckenfuss in Support re: #329 MOTION to Dismiss Plaintiff's Third Amended Complaint.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Muckenfuss, Robert)
February 12, 2016 Opinion or Order Filing 329 MOTION to Dismiss Plaintiff's Third Amended Complaint. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
February 9, 2016 Opinion or Order Filing 328 MEMO ENDORSEMENT on re: #326 LETTER addressed to Judge Laura Taylor Swain from Michael L. Smith, Esq. dated February 5, 2016. ENDORSEMENT: The Court has no objection to the Chancery Court determining the Delaware Action on an expedited basis. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/9/2016) (adc)
February 9, 2016 Opinion or Order Filing 327 THIRD AMENDED COMPLAINT amending #149 Amended Complaint,, against Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Elevation Real Estate Group, LLC, Gemini Real Estate Advisors L.L.C., Atit Jariwala, Christopher La Mack, Dante Massaro.Document filed by William T. Obeid. Related document: #149 Amended Complaint,, filed by William T. Obeid. (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)(Meister, Stephen)
February 5, 2016 Opinion or Order Filing 326 LETTER addressed to Judge Laura Taylor Swain from Michael L. Smith, Esq. dated February 5, 2016 Document filed by Gemini Real Estate Advisors L.L.C.. (Attachments: #1 Ex. A - Delaware Complaint, #2 Ex. B - Delaware Transcript, #3 Ex. C - Jan 21 Conference Transcript)(Smith, Michael)
February 3, 2016 Opinion or Order Filing 325 ORDER terminating #217 Motion to Dismiss. Further to the Consent Order entered by the Court on January 27, 2016 (docket entry no. 318), docket entry number 217 is hereby terminated, without prejudice to renewal as to the Third Amended Complaint according to the briefing schedule set forth by the Consent Order. (Signed by Judge Laura Taylor Swain on 2/2/2016) (spo)
February 3, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Meister to RE-FILE Document No. #321 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
February 2, 2016 Opinion or Order Filing 324 NOTICE OF APPEARANCE by Adam B. Oppenheim on behalf of William T. Obeid. (Oppenheim, Adam)
February 2, 2016 Opinion or Order Filing 323 NOTICE OF APPEARANCE by Randi Lane Maidman on behalf of William T. Obeid. (Maidman, Randi)
February 2, 2016 Opinion or Order Filing 322 ORDER FOR ADMISSION PRO HAC VICE granting #320 Motion for R. Locke Beatty to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 2/2/2016) (cf)
February 2, 2016 Opinion or Order Filing 321 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending #149 Amended Complaint against Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Elevation Real Estate Group, LLC, Atit Jariwala, Christopher La Mack, Dante Massaro.Document filed by William T. Obeid. Related document: #149 Amended Complain, filed by William T. Obeid. (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)(Meister, Stephen) Modified on 2/3/2016 (moh).
February 2, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #320 MOTION for R. Locke Beatty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11903582. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 1, 2016 Opinion or Order Filing 320 MOTION for R. Locke Beatty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11903582. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elevation Real Estate Group, LLC, Christopher La Mack, Dante Massaro.(Beatty, R.)
January 29, 2016 Opinion or Order Filing 319 AMENDED PRE-TRIAL SCHEDULING ORDER: Motions due by 8/19/2016. Expert Discovery due by 6/20/2016. Discovery due by 3/25/2016. Final Pretrial Conference set for 10/21/2016 at 11:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Magistrate Judge Henry B. Pitman on 1/29/2016) (lmb)
January 27, 2016 Opinion or Order Filing 318 CONSENT ORDER REGARDING PLAINTIFF'S PROPOSED THIRD AMENDED COMPLAINT terminating #221 Motion to Dismiss. IT IS THEREFORE STIPULATED AND AGREED by and between the undersigned counsel of record for the parties, as follows: Obeid is directed to file his proposed Third Amended Complaint [ECF No. 231-1], in the form annexed to his letter dated on August 5, 2015, which will be deemed the operative complaint in this action and, upon filing, will be deemed served on the Individual Defendants, the Bridgeton Defendants, Elevation and the Gemini Nominal Defendants (collectively, "Defendants"). With the Court's permission, the parties have agreed on the following briefing schedule, in the event one or more of the Defendants moves to dismiss the Third Amended Complaint: a. Defendants' moving papers shall be filed on or before February 12, 2016; b. Obeid' s opposition shall be filed on or before March 14, 20 16; and c. Defendants' reply papers shall be filed on or before April4, 2016. The Clerk of Court is requested to terminate docket entries 230 (motion to amend complaint) and 221 (Motion to dismiss counterclaims.) (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 1/27/2016) (spo) Modified on 1/27/2016 (spo).
January 27, 2016 Opinion or Order Set/Reset Deadlines: Motions due by 2/12/2016. Responses due by 3/14/2016. Replies due by 4/4/2016. (spo)
January 26, 2016 Opinion or Order Filing 317 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 01/21/2016 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...(ca)
January 26, 2016 Opinion or Order Filing 316 TRANSCRIPT of Proceedings re: Discovery Hearing held on 1/21/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 2/19/2016. Redacted Transcript Deadline set for 2/29/2016. Release of Transcript Restriction set for 4/28/2016.(ca)
January 22, 2016 Opinion or Order Filing 315 ORDER: A conference having been held on January 21, 2016 during which certain discovery issues were discussed, for the reasons stated on the record in open court, it is hereby ORDERED that: 1. Plaintiff's motion to compel Bridgeton to produce documents in response to Document Request Number 4 of Plaintiff's July 24, 2015 First Request for Production of Documents is denied without prejudice to renewal if plaintiff's Lanham Act claim survives defendants' motion to dismiss. (Signed by Magistrate Judge Henry B. Pitman on 1/21/2016) Copies Sent By Chambers. (lmb)
January 21, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 1/21/2016. (bh)
January 20, 2016 Opinion or Order Filing 314 LETTER addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 15, 2016 re: Local Rule 37.2 Conference. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Stocks, Remy)
January 20, 2016 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Remy Joanna Stocks to RE-FILE Document #312 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 15, 2016. Use the event type Letter found under the event list Other Documents. (db)
January 19, 2016 Opinion or Order Filing 313 SEALED DOCUMENT placed in vault.(rz)
January 16, 2016 Opinion or Order Filing 312 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 15, 2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Stocks, Remy) Modified on 1/20/2016 (db).
January 15, 2016 Opinion or Order Filing 311 LETTER addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated January 15, 2016 re: Proposed Amended Pre-Trial Scheduling Order. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Proposed Amended Pre-Trial Scheduling Order)(Cooper, Emilie)
January 15, 2016 Opinion or Order Filing 310 LETTER addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated January 15, 2016 re: January 11, 2015 Discovery Conference. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
January 15, 2016 Opinion or Order Filing 309 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 01/11/2016 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...(ca)
January 15, 2016 Opinion or Order Filing 308 TRANSCRIPT of Proceedings re: Discovery Hearing held on 1/11/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(ca)
January 15, 2016 Opinion or Order Filing 307 ORDER. It is hereby ORDERED that: No later than January 19, 2016, plaintiff, the individual defendants, Elevation, Bridgeton and Gemini are directed to complete their respective document productions. The individual defendants' application to compel plaintiff to produce additional documents is denied without prejudice to renewal after defendants review the additional documents plaintiff will be producing on January 19, 2016. No later than January 19, 2016, plaintiff is directed to produce (a) the categories of documents listed in the last paragraph of page seven of plaintiff's December 29, 2015 letter (Docket Item 293), and as further specified and set forth in this Order. An in-person discovery conference will be held on January 21, 2016 at 2:00 p.m. in Courtroom 18A. The Clerk of the Court is directed to close Docket Items 292, 295 and 300. So ordered. Terminating #292 Letter Motion for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated December 21, 2015; Terminating #295 Letter Motion for Conference addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated 12/31/2016; Terminating #300 Letter Motion to Compel the Bridgeton Defendants to Respond to Document Requests and Rule 30(b)(6) Deposition Notice addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 7, 2016. (Signed by Magistrate Judge Henry B. Pitman on 1/14/2016) Copies transmitted to: All counsel. (rjm)
January 15, 2016 Opinion or Order Set/Reset Hearings: Discovery Conference set for 1/21/2016 at 02:00 PM in Courtroom 18A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (rjm)
January 11, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 1/11/2016. Another discovery conference is scheduled for January 21, 2016 at 2:00 p.m. (bh)
January 11, 2016 Opinion or Order Filing 306 SEALED DOCUMENT placed in vault.(mps)
January 11, 2016 Opinion or Order Filing 305 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 11, 2016 re: #300 LETTER MOTION to Compel the Bridgeton Defendants to Respond to Document Requests and Rule 30(b)(6) Deposition Notice addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 7, 2016. . Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20)(Stocks, Remy)
January 8, 2016 Opinion or Order Filing 304 LETTER addressed to Magistrate Judge Henry B. Pitman from Emilie B. Cooper dated January 8, 2016 re: in response to the letter submitted by counsel for plaintiff William T. Obeid on January 7, 2016. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Cooper, Emilie)
January 8, 2016 Opinion or Order Filing 303 SEALED DOCUMENT placed in vault.(rz)
January 8, 2016 Opinion or Order Filing 302 LETTER addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated January 8, 2016 re: Response to Plaintiff's December 29, 2015 Letter (Dkt No. 293). Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Muckenfuss, Robert)
January 7, 2016 Opinion or Order Filing 301 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Elizabeth M.Z. Timmermans dated January 7, 2016 re: #295 LETTER MOTION for Conference addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated 12/31/2016. . Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Timmermans, Elizabeth)
January 7, 2016 Opinion or Order Filing 300 LETTER MOTION to Compel the Bridgeton Defendants to Respond to Document Requests and Rule 30(b)(6) Deposition Notice addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated January 7, 2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T)(Stocks, Remy)
January 7, 2016 Opinion or Order Filing 299 LETTER addressed to Magistrate Judge Henry B. Pitman from David A. Blansky, Esq. dated January 7, 2016 re: Response by Nonparties Ivaylo Ninov and Western Heritable Investment Company to Individual Defendants' Letter of January 6, 2016 and their proposed Motion to Quash; Related to Docket No. 298. Document filed by Ivaylo V Ninov, Western Heritable Investment Company.(Blansky, David)
January 7, 2016 Opinion or Order Filing 298 LETTER addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated January 6, 2015 re: Requesting Court to hear discussion regarding motion to enforce subpoena on Ivaylo Ninov and Western Heritable Investment Company. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Muckenfuss, Robert)
January 7, 2016 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert A. Muckenfuss to RE-FILE Document #297 LETTER MOTION for Local Rule 37.2 Conference Re: Requesting Court to hear discussion regarding motion to enforce subpoena on Ivaylo Ninov and Western Heritable Investment Company addressed to Magistrate Judge Henry B. Pitman from Robert A. Muc. Use the event type Letter found under the event list Other Documents. (db)
January 6, 2016 Opinion or Order Filing 297 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference Re: Requesting Court to hear discussion regarding motion to enforce subpoena on Ivaylo Ninov and Western Heritable Investment Company addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated January 6, 2016. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A Subpoena to Ivaylo Ninov and Western Heritable, #2 Exhibit B October 28, 2015 Letter to E. Timmermans, #3 Exhibit C October 16, 2015 Letter to N. Kelly-Dynega, #4 Exhibit D January 5, 2016 Email to D. Blansky)(Muckenfuss, Robert) Modified on 1/7/2016 (db).
January 4, 2016 Opinion or Order Filing 296 SEALED DOCUMENT placed in vault.(mps)
December 31, 2015 Opinion or Order Filing 295 LETTER MOTION for Conference addressed to Magistrate Judge Henry B. Pitman from Alexander D. Pencu dated 12/31/2016. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I - W, #10 Exhibit X)(Pencu, Alexander)
December 30, 2015 Opinion or Order Filing 294 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Elizabeth M.Z. Timmermans dated 12/21/2015 re: We respectfully request an order allowing the clerk to seal permanently entry 292-2. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 12/30/2015) (lmb)
December 30, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #294 Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb)
December 29, 2015 Opinion or Order Filing 293 LETTER addressed to Magistrate Judge Henry B. Pitman from Alex D. Pencu dated 12/29/2015 re: Response by Plaintiff William Obeid to Individual Plaintiffs' Discovery Letter Dated 12/21/2015. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Pencu, Alexander)
December 23, 2015 Opinion or Order A discovery conference is set for 1/11/2016 at 11:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
December 21, 2015 Opinion or Order Filing 292 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Robert A. Muckenfuss dated December 21, 2015. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Muckenfuss, Robert)
December 4, 2015 Opinion or Order Filing 291 NOTICE OF APPEARANCE by Seth A. Moskowitz on behalf of Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Moskowitz, Seth)
November 24, 2015 Opinion or Order Filing 290 AMENDED PRETRIAL SCHEDULING ORDER granting #289 Letter Motion for Extension of Time to Complete Discovery: Non-expert witness discovery due by 1/31/2016. Expert witness discovery due by 4/15/2016. Dispositive motions due by 5/16/2016. Final pre-trial conference set for 7/15/2016 at 11:00 a.m. The parties must begin meeting with Judge Pitman for settlement purposes by 1/30/2015. All discovery shall be deemed taken in both this action and the North Carolina action. (Signed by Magistrate Judge Henry B. Pitman on 11/24/2015) (tn)
November 24, 2015 Opinion or Order Set/Reset Deadlines: Discovery due by 1/31/2016. Expert Discovery due by 4/15/2016. Motions due by 5/16/2016. (tn)
November 24, 2015 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 7/15/2016 at 11:00 AM before Magistrate Judge Henry B. Pitman. (tn)
November 23, 2015 Opinion or Order Filing 289 JOINT LETTER MOTION for Extension of Time to Complete Discovery Fact and Expert Discovery addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated November 23, 2015. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed Order)(Stocks, Remy)
November 10, 2015 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Hnery B. Pitman. Please note that this is a reassignment of the designation only. (wb)
November 10, 2015 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Henry B. Pitman, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Michael H. Dolinger no longer referred to the case. Henry B. Pitman. (wb)
November 9, 2015 Opinion or Order Filing 288 MEMORANDUM AND ORDER. For the reasons stated, plaintiff's motion to disqualify the firm of McGuire Woods as counsel for any of the defendants is denied. (Signed by Magistrate Judge Michael H. Dolinger on 11/9/2015) (rjm)
October 30, 2015 Opinion or Order Filing 287 REPLY MEMORANDUM OF LAW in Support re: #242 MOTION to Dismiss . . Document filed by Elevation Real Estate Group, LLC. (Muckenfuss, Robert)
October 30, 2015 Opinion or Order Filing 286 DECLARATION of Dante Massaro in Support re: #242 MOTION to Dismiss .. Document filed by Elevation Real Estate Group, LLC. (Muckenfuss, Robert)
October 30, 2015 Opinion or Order Filing 285 DECLARATION of Robert A. Muckenfuss in Support re: #242 MOTION to Dismiss .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Muckenfuss, Robert)
October 22, 2015 Opinion or Order Filing 284 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/8/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 22, 2015 Opinion or Order Filing 283 TRANSCRIPT of Proceedings re: conference held on 10/8/2015 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/23/2016.(McGuirk, Kelly)
October 19, 2015 Opinion or Order Filing 282 STIPULATION AND ORDER EXTENDING DEFENDANT ELEVATION REAL ESTATE GROUP, LLC'S TIME TO REPLY TO PLAINTIFF'S RESPONSE TO ELEVATION'S MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for the parties to the above-referenced action that: 1. Defendant Elevation Real Estate Group, LLC's ("Elevation") time to file its reply to plaintiff William T. Obeid's response to Elevation's Motion to Dismiss is hereby extended to October 30, 2015. 2. This stipulation may be executed in counterparts via facsimile or e-mail, each of which shall be deemed an original and all of which shall constitute one stipulation. DE # 281 resolved. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/19/2015) (ajs)
October 19, 2015 Opinion or Order Set/Reset Deadlines: Replies due by 10/30/2015. (ajs)
October 15, 2015 Opinion or Order Filing 281 LETTER MOTION for Extension of Time to File Response/Reply as to #277 Memorandum of Law in Opposition to Motion addressed to Judge Laura Taylor Swain from Elizabeth M.Z. Timmermans dated October 15, 2015. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order)(Timmermans, Elizabeth)
October 14, 2015 Opinion or Order Filing 280 SEALED DOCUMENT placed in vault.(mps)
October 13, 2015 Opinion or Order Filing 279 DECLARATION of Stephen B. Meister in Opposition re: #242 MOTION to Dismiss .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36)(Meister, Stephen)
October 13, 2015 Opinion or Order Filing 278 DECLARATION of WILLIAM T. OBEID in Opposition re: #242 MOTION to Dismiss .. Document filed by William T. Obeid. (Meister, Stephen)
October 13, 2015 Opinion or Order Filing 277 MEMORANDUM OF LAW in Opposition re: #242 MOTION to Dismiss . . Document filed by William T. Obeid. (Meister, Stephen)
October 8, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Status Conference held on 10/8/2015. (Snell, Kevin)
October 5, 2015 Opinion or Order Filing 276 MEMORANDUM & ORDER: The court will conduct an in-person status conference on October 8, 2015 at 11:00 a.m. in Courtroom 17D, the United States Courthouse, 500 Pearl Street, New York, New York. We will address current scheduling issues at that time. ( Status Conference set for 10/8/2015 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 10/05/2015) (ama)
September 25, 2015 Opinion or Order Filing 275 LETTER addressed to Magistrate Judge Michael H. Dolinger from Emilie B. Cooper dated September 25, 2015 re: in response to plaintiff William T. Obeid's letter, dated September 24, 2015. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
September 25, 2015 Opinion or Order Filing 274 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert Muckenfuss dated September 25, 2015 re: Response to Plaintiffs' Letter [Doc. No. 273] re Bridgeton Defendants' Letter dated September 21, 2015. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1)(Muckenfuss, Robert)
September 24, 2015 Opinion or Order Filing 273 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated September 24, 2015 re: the Bridgeton Defendants' Letter dated September 21, 2015. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Meister, Stephen)
September 21, 2015 Opinion or Order Filing 272 STATUS REPORT. / Status Report concerning privilege issues Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
September 21, 2015 Opinion or Order Filing 271 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/25/2015 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)
September 21, 2015 Opinion or Order Filing 270 TRANSCRIPT of Proceedings re: Conference held on 8/25/2015 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Khristine Sellin, (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 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/24/2015.(McGuirk, Kelly)
September 18, 2015 Opinion or Order Filing 269 MEMO ENDORSEMENT on re: #265 Letter filed by Christopher La Mack, Dante Massaro, re: Response to Plaintiff's Letter [Doc. No. 261] regarding Bankruptcy Petitions. ENDORSEMENT: The case is stayed, in light of the bankruptcy filings, as against Defendants 33 Peck Slip Acquisition LLC, Gemini 37 West 24 St MT, LLC and 52 West 13th, LLC, only, as are claims brought derivatively on their behalf, pending the lifting of the automatic stay and further court order. Plaintiff's opposition to the pending dismissal motions must be filed by October 13, 2015, with courtesy copies provided for Chambers. SO ORDERED. (Responses due by 10/13/2015) (Signed by Judge Laura Taylor Swain on 9/18/2015) (ajs) Modified on 9/22/2015 (ajs).
September 18, 2015 Opinion or Order Filing 268 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated September 18, 2015 re: Bankruptcy Petitions. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Meister, Stephen)
September 18, 2015 Opinion or Order Filing 267 LETTER addressed to Judge Laura Taylor Swain from Stephen B. Meister dated September 18, 2015 re: Bankruptcy Petitions. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Meister, Stephen)
September 16, 2015 Opinion or Order Filing 266 MEMORANDUM & ORDER: For the reasons stated, plaintiff's application to compel defendant Gemini to produce additional documents listed on its privilege log is denied. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 9/16/2015) (mt)
September 16, 2015 Opinion or Order ***DELETED DOCUMENT. Deleted document number #266 MEMORANDUM AND ORDER. The document was incorrectly filed in this case. (mt)
September 15, 2015 Opinion or Order Filing 265 LETTER addressed to Judge Laura Taylor Swain from Robert Muckenfuss dated 9/15/15 re: Response to Plaintiff's Letter [Doc. No. 261] regarding Bankruptcy Petitions. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
September 10, 2015 Opinion or Order Filing 264 MEMO ENDORSEMENT on re: #263 Letter, filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. ENDORSEMENT: Counsel for the Bridgeton defendants is to provide a status report by Sept. 21, 2015. (Signed by Magistrate Judge Michael H. Dolinger on 9/10/2015) (kko)
September 10, 2015 Opinion or Order Filing 263 LETTER addressed to Magistrate Judge Michael H. Dolinger from Emilie B. Cooper dated September 10, 2015 re: the privilege issues addressed at the August 25, 2015 conference. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A)(Cooper, Emilie)
September 8, 2015 Opinion or Order Filing 262 ORDER: Based on the August 17, 2015 letter from counsel for the Gemini defendants, there are currently 253 documents at issue in plaintiff's application for additional disclosure. Accordingly, the Gemini defendants are ORDERED to produce these documents to the court for in camera review by no later than FRIDAY, SEPTEMBER 11, 2015. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 9/08/2015) (ama)
September 7, 2015 Opinion or Order Filing 261 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated September 7, 2015 re: Bankruptcy Petitions. Document filed by William T. Obeid.(Stocks, Remy)
September 7, 2015 Opinion or Order Filing 260 LETTER addressed to Judge Laura Taylor Swain from Stephen B. Meister dated September 7, 2015 re: Bankruptcy Petitions. Document filed by William T. Obeid.(Stocks, Remy)
September 4, 2015 Opinion or Order Filing 259 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Donald Davret dated 8/21/2015 re: Fiduciary obligation. ENDORSEMENT: The Clerk of Court is directed to enter this letter on the docket of the above action. The referenced restraining order (see first sentence of final paragraph) does not appear on the records of this Court. The Court will not entertain any further communications from non-parties. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/4/2015) (ajs)
September 2, 2015 Opinion or Order Filing 258 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO DEFENDANT ELEVATION REAL ESTATE GROUP, LLC'S MOTION TO DISMISS: 1. Plaintiff's time to file its opposition to defendant Elevation Real Estate Group, LLC's ("Elevation") motion to dismiss is hereby extended to September 8, 2015. 2. Elevation's time to file its reply in further support of its motion to dismiss is hereby extended to September 17, 2015. SO ORDERED. (Responses due by 9/8/2015, Replies due by 9/17/2015.) (Signed by Judge Laura Taylor Swain on 9/1/2015) (ajs)
August 31, 2015 Opinion or Order Filing 257 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert Muckenfuss dated August 31, 2015 re: Status update regarding mediation. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
August 31, 2015 Opinion or Order Filing 256 LETTER MOTION for Extension of Time to File Response/Reply as to #242 MOTION to Dismiss . addressed to Judge Laura Taylor Swain from Remy J. Stocks dated August 31, 2015. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order)(Stocks, Remy)
August 29, 2015 Opinion or Order Filing 255 DECLARATION of Alexander D. Pencu in Support re: #252 LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Alexander D. Pencu, Esq. dated August 27, 2015.. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P)(Pencu, Alexander)
August 28, 2015 Opinion or Order Filing 254 LETTER addressed to Judge Laura Taylor Swain from Alexander D. Pencu dated August 28, 2015 re: Request for Leave to file Proposed Third Amended Complaint. Document filed by William T. Obeid.(Pencu, Alexander)
August 27, 2015 Opinion or Order Filing 253 ORDER granting #252 Letter Motion for Leave to File Excess Pages. The request is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/27/2015) (ajs)
August 27, 2015 Opinion or Order Filing 252 LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from Alexander D. Pencu, Esq. dated August 27, 2015. Document filed by William T. Obeid.(Pencu, Alexander)
August 26, 2015 Opinion or Order Filing 251 LETTER addressed to Judge Laura Taylor Swain from Joshua Paul dated 8/21/2015 re: Opposing Plaintiff's Letter Request for Leave to File a Third Amended Complaint (Previously Filed Under Seal). Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Declaration of Joshua N. Paul in Support of the Brighton Defendants' Letter-Brief Opposing Plaintiff's Request for Leave to File a Third Amended Complaint, #2 Exhibit A, #3 Exhibit B-Part 1, #4 Exhibit B-Part 2, #5 Exhibit C, #6 Exhibit D-Part 1, #7 Exhibit D-Part 2, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G-Part 1, #11 Exhibit G-Part 2, #12 Exhibit G-Part 3, #13 Exhibit H-Part 1, #14 Exhibit H-Part 2, #15 Exhibit I)(Paul, Joshua)
August 25, 2015 Opinion or Order Filing 250 ORDER: The parties are to provide us with a status update by no later than Monday, August 31, 2015 regarding their plans to engage in mediation. Fact discovery will be extended until October 30, 2015 to accommodate the issues discussed on the record. The previously established deadlines regarding expert discovery are similarly extended: expert disclosures are now due on October 30, 2015, rebuttal expert disclosures are now due on November 30, 2015, and expert discovery must be completed by December 18, 2015. SO ORDERED.( Expert Discovery due by 12/18/2015., Fact Discovery due by 10/30/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 8/25/2015) Copies Faxed By Chambers. (ama)
August 25, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Hearing held on 8/25/2015. (Snell, Kevin)
August 24, 2015 Opinion or Order Filing 249 REPLY MEMORANDUM OF LAW in Support re: #221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). . Document filed by William T. Obeid. (Meister, Stephen)
August 21, 2015 Opinion or Order Filing 248 LETTER addressed to Judge Laura Taylor Swain from Robert A. Muckenfuss dated August 21, 2015 re: Opposition Letter in response to Plaintiff's letter requesting leave to file a third amended complaint. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Declaration of Robert A. Muckenfuss in Opposition to Plaintiff's Motion for an Order Granting Leave to File a Third Amended Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Muckenfuss, Robert)
August 21, 2015 Opinion or Order Filing 247 SEALED DOCUMENT placed in vault.(mps)
August 21, 2015 Opinion or Order Filing 246 NOTICE OF APPEARANCE by Joshua Nathan Paul on behalf of Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Paul, Joshua)
August 20, 2015 Opinion or Order Filing 245 ORDER: Conference set for Tuesday, 8/25/2015 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (As further set forth in this Order.) (Signed by Magistrate Judge Michael H. Dolinger on 8/19/2015) Copies Faxed By Chambers. (tro)
August 19, 2015 Opinion or Order Filing 244 MEMORANDUM OF LAW in Support re: #242 MOTION to Dismiss . . Document filed by Elevation Real Estate Group, LLC. (Muckenfuss, Robert)
August 19, 2015 Opinion or Order Filing 243 DECLARATION of Dante Massaro in Support re: #242 MOTION to Dismiss .. Document filed by Elevation Real Estate Group, LLC. (Attachments: #1 Exhibit A)(Muckenfuss, Robert)
August 19, 2015 Opinion or Order Filing 242 MOTION to Dismiss . Document filed by Elevation Real Estate Group, LLC.(Muckenfuss, Robert)
August 18, 2015 Opinion or Order Filing 241 LETTER addressed to Magistrate Judge Michael H. Dolinger from Emilie B. Cooper dated August 18, 2015 re: requesting a conference to resolve discovery issues. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cooper, Emilie)
August 17, 2015 Opinion or Order Filing 240 LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated August 17, 2015 re: Reply to August 5, 2015 Letter from S. Meister (Dkt. No. 227). Document filed by Gemini Real Estate Advisors L.L.C..(Smith, Michael)
August 17, 2015 Opinion or Order Filing 239 MEMORANDUM OF LAW in Opposition re: #221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
August 17, 2015 Opinion or Order Filing 238 DECLARATION of Robert A. Muckenfuss in Opposition re: #221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168).. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1)(Muckenfuss, Robert)
August 12, 2015 Opinion or Order Filing 237 LETTER addressed to Judge Laura Taylor Swain from Stephen B. Meister dated August 6, 2015 and previusly filed under seal Document filed by William T. Obeid.(Meister, Stephen)
August 12, 2015 Opinion or Order Filing 236 RESPONSE TO ORDER TO SHOW CAUSE re: #233 Order to Show Cause,,,. Document filed by William T. Obeid. (Meister, Stephen)
August 11, 2015 Opinion or Order Filing 235 ORDER granting #234 Letter Motion for Extension of Time to File Response/Reply re #234 LETTER MOTION for Extension of Time to File Response/Reply as to #227 Letter re: Plaintiffs Opposition to Nominal Defendants' July 22 and 23, 2015 Evidentiary Submissions addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith. Application Granted. Replies due by 8/17/2015. (Signed by Magistrate Judge Michael H. Dolinger on 8/11/2015) (ama)
August 11, 2015 Opinion or Order Filing 234 LETTER MOTION for Extension of Time to File Response/Reply as to #227 Letter re: Plaintiffs Opposition to Nominal Defendants' July 22 and 23, 2015 Evidentiary Submissions addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 08/11/2015. Document filed by Gemini Real Estate Advisors L.L.C..(Smith, Michael)
August 10, 2015 Opinion or Order Filing 233 ORDER: The Court has received the Plaintiff's letter requesting leave to file a proposed Third Amended Complaint, which was filed under seal on August 6, 2015. Defendants are to file a letter, not to exceed 12 pages, in opposition to the Plaintiff's letter no later than 14 days from the date of this Order. Plaintiff may file a letter, not to exceed 5 pages, responding to Defendants' opposition, no later than 7 days after the Defendants' opposition letter is filed. Plaintiff is further directed to show cause by letter to the Court, filed no later than August 12, 2015, as to why its letter requesting leave to file a proposed Third Amended Complaint (docket entry no. 230) should not be filed on the open docket rather than under seal. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/7/2015) (ajs)
August 7, 2015 Opinion or Order Filing 232 SEALED DOCUMENT placed in vault.(rz)
August 6, 2015 Opinion or Order Filing 231 LETTER addressed to Judge Laura Taylor Swain from Stephen B. Meister dated August 6, 2015 re: Declaration in Support of Plaintiff's Request for Leave to File his Proposed Third Amended Complaint. Document filed by William T. Obeid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Meister, Stephen)
August 6, 2015 Opinion or Order Filing 230 LETTER addressed to Judge Laura Taylor Swain from Stephen B. Meister dated August 6, 2015 re: Request for Leave to file Proposed Third Amended Complaint. Document filed by William T. Obeid.(Meister, Stephen)
August 6, 2015 Opinion or Order Filing 229 SEALED DOCUMENT placed in vault.(rz)
August 5, 2015 Opinion or Order Filing 228 AFFIRMATION of Stephen B. Meister in Opposition re: #197 LETTER MOTION for Conference re: #195 Declaration, #196 Declaration, addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 07/22/2015.. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40)(Stocks, Remy)
August 5, 2015 Opinion or Order Filing 227 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated August 5, 2015 re: Response to July 22, 2015 Letter from the Gemini Defendants. Document filed by William T. Obeid.(Stocks, Remy)
August 3, 2015 Opinion or Order Filing 226 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elevation Real Estate Group, LLC.(Muckenfuss, Robert)
August 3, 2015 Opinion or Order Filing 225 ANSWER to #149 Amended Complaint,,. Document filed by Elevation Real Estate Group, LLC.(Muckenfuss, Robert)
August 3, 2015 Opinion or Order Filing 224 MEMORANDUM OF LAW in Support re: #221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). *Corrected. Document filed by William T. Obeid. (Meister, Stephen)
August 3, 2015 Opinion or Order Filing 223 DECLARATION of Stephen B. Meister in Support re: #221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168).. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Meister, Stephen)
August 3, 2015 Opinion or Order Filing 222 FILING ERROR - DUPLICATE DOCUMENT - MEMORANDUM OF LAW in Support re: #221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). . Document filed by William T. Obeid. (Meister, Stephen) Modified on 8/4/2015 (db).
August 3, 2015 Opinion or Order Filing 221 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). Document filed by William T. Obeid.(Meister, Stephen)
July 31, 2015 Opinion or Order Filing 220 ORDER: Plaintiff's application to compel disclosure of the two documents is denied. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 7/31/2015) (ama)
July 30, 2015 Opinion or Order Filing 219 DECLARATION of Emilie B. Cooper in Support re: #217 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part 1), #4 Exhibit C (Part 2), #5 Exhibit C (Part 3), #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G (Part 1), #10 Exhibit G (Part 2), #11 Exhibit H)(O'Connor, Paul)
July 30, 2015 Opinion or Order Filing 218 MEMORANDUM OF LAW in Support re: #217 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (O'Connor, Paul)
July 30, 2015 Opinion or Order Filing 217 MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(O'Connor, Paul)
July 29, 2015 Opinion or Order Filing 216 ORDER on NOTICE OF INDIVIDUAL DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S RESPONSE LETTER denying #212 Motion to Strike. Application Denied. (Signed by Magistrate Judge Michael H. Dolinger on 7/29/2015) (ama)
July 29, 2015 Opinion or Order Filing 215 LETTER addressed to Magistrate Judge Michael H. Dolinger from Elizabeth M.Z. Timmermans dated July 29, 2015 re: Reply to Plaintiff's July 28th Letter. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A)(Timmermans, Elizabeth)
July 29, 2015 Opinion or Order Filing 214 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Elevation Real Estate Group, LLC served on 7/13/2015, answer due 8/3/2015. Document filed by William T. Obeid. (Pencu, Alexander)
July 28, 2015 Opinion or Order Filing 213 MEMORANDUM OF LAW in Support re: #212 MOTION to Strike Document No. #209 . . Document filed by Christopher La Mack, Dante Massaro. (Muckenfuss, Robert)
July 28, 2015 Opinion or Order Filing 212 MOTION to Strike Document No. #209 . Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
July 28, 2015 Opinion or Order Filing 211 CONFIDENTIALITY ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 7/28/2015) (ama)
July 28, 2015 Opinion or Order Filing 210 SEALED DOCUMENT placed in vault.(mps)
July 28, 2015 Opinion or Order Filing 209 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated July 27, 2015 re: Opposition to Submissions of the Individual Defendants pursuant to the Court's July 9, 2015 Order. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Meister, Stephen)
July 27, 2015 Opinion or Order Filing 208 JOINT MOTION for Confidentiality Order. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Text of Proposed Order Proposed Amended Confidentiality Order)(Kelly-Dynega, Noreen)
July 27, 2015 Opinion or Order Filing 207 ORDER granting #202 Letter Motion for Leave to File Excess Pages. The requested enlargements are granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/24/2015) (ajs)
July 27, 2015 Opinion or Order Filing 206 STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO RESPOND TO NOMINAL DEFENDANTS' JULY 22 AND 23, 2015 EVIDENTIARY SUBMISSIONS: Plaintiff's to file its opposition to Nominal Defendants' July 22 and 23, 2015 evidentiary submissions is hereby extended to August 5, 2015. Nominal Defendants' time to file their reply is hereby extended to August 12, 2015. IT IS SO ORDERED.( Responses due by 8/5/2015, Replies due by 8/12/2015.), Motions terminated: #205 LETTER MOTION for Extension of Time to respond to Nominal Defendant's July 22 and 23 submissions addressed to Magistrate Judge Michael H. Dolinger from Remy J. Stocks dated July 24, 2015. filed by William T. Obeid. (Signed by Magistrate Judge Michael H. Dolinger on 7/27/2015) (ama)
July 24, 2015 Opinion or Order Filing 205 LETTER MOTION for Extension of Time to respond to Nominal Defendant's July 22 and 23 submissions addressed to Magistrate Judge Michael H. Dolinger from Remy J. Stocks dated July 24, 2015. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Proposed Stipulated Order)(Stocks, Remy)
July 24, 2015 Opinion or Order Filing 204 ORDER terminating #190 Motion to Dismiss. It is hereby ORDERED, that the above-referenced motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application. upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (As further set forth within this Order.) (Signed by Judge Laura Taylor Swain on 7/24/2015) (ajs)
July 24, 2015 Opinion or Order Filing 203 SEALED DOCUMENT placed in vault.(mps)
July 24, 2015 Opinion or Order Filing 202 LETTER MOTION for Leave to File Excess Pages regarding the Bridgeton Defendants' anticipated motion to dismiss the Second Amended Complaint addressed to Judge Laura Taylor Swain from Emilie B. Cooper dated July 24, 2015. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
July 24, 2015 Opinion or Order Filing 201 NOTICE of Withdrawal of Appearance. Document filed by Gemini Real Estate Advisors L.L.C.. (Kelly-Dynega, Noreen)
July 23, 2015 Opinion or Order Filing 200 SEALING ORDER: Nominal Defendants Gemini Real Estate Advisors LLC, et al. (collectively "Gemini") have requested entry of a sealing order permitting Gemini to file unredacted versions of Exhibits 1-4 to the Declaration of Mark S. Laconte, and unredacted versions of Exhibits 1-11 to the Declaration of William Stelma, each in support of Gemini's Letter submission to the Court regarding privilege matters. The parties agree that these documents contain or constitute matters that are confidential and properly withheld from public disclosure. It is therefore, ORDERED that the foregoing documents shall be filed under seal. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 7/23/2015) (ama)
July 23, 2015 Opinion or Order Filing 199 LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 7/22/2015 re: entry of a sealing order permitting Gemini to file unredacted versions of Exhibits 1-4 to the Declaration of Mark S. LaConte, and unredacted versions of Exhibits 1-11 to the Declaration of William Stelma, each in support of Geminis Letter submission to the Court regarding privilege matters. Document filed by Gemini Real Estate Advisors L.L.C.. (Attachments: #1 Exhibit Proposed Order)(Smith, Michael)
July 23, 2015 Opinion or Order Filing 198 DECLARATION of Sumeer Kakar re: #193 Letter, . Document filed by Gemini Real Estate Advisors L.L.C.. (Smith, Michael)
July 23, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Lee Smith to RE-FILE Document #197 LETTER MOTION for Conference re: #195 Declaration, #196 Declaration, addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 07/22/2015. Use the event type Letter found under the event list Other Documents. (db)
July 23, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #200 Order,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
July 22, 2015 Opinion or Order Filing 197 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #195 Declaration, #196 Declaration, addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 07/22/2015. Document filed by Gemini Real Estate Advisors L.L.C. (Attachments: #1 Exhibit Proposed Order)(Smith, Michael) Modified on 7/23/2015 (db).
July 22, 2015 Opinion or Order Filing 196 DECLARATION of William Stelma re: #193 Letter, addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 07/22/2015 re: in response to Order dated July 9, 2015. Document filed by Gemini Real Estate Advisors L.L.C.. (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)(Smith, Michael)
July 22, 2015 Opinion or Order Filing 195 DECLARATION of Mark S. LaConte re: #193 Letter, addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 07/22/2015 re: in response to Order dated July 9, 2015. Document filed by Gemini Real Estate Advisors L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Smith, Michael)
July 22, 2015 Opinion or Order Filing 194 DECLARATION of Michael L. Smith re: #193 Letter, addressed to Magistrate Judge Michael H. Dolinger dated 07/22/2015 re: in response to Order dated July 9, 2015. Document filed by Gemini Real Estate Advisors L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5-1, #6 Exhibit 5-2, #7 Exhibit 5-3, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18)(Smith, Michael)
July 22, 2015 Opinion or Order Filing 193 LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael L. Smith dated 07/22/2015 re: in response to Order dated July 9, 2015. Document filed by Gemini Real Estate Advisors L.L.C.. (Attachments: #1 Exhibit Privilege Log)(Smith, Michael)
July 21, 2015 Opinion or Order Filing 192 MEMORANDUM OF LAW in Support re: #190 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). . Document filed by William T. Obeid. (Meister, Stephen)
July 21, 2015 Opinion or Order Filing 191 DECLARATION of Stephen B. Meister in Support re: #190 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168).. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Meister, Stephen)
July 21, 2015 Opinion or Order Filing 190 MOTION to Dismiss Defendants Christopher La Mack and Dante Massaro's Counterclaims (ECF Doc. No. 168). Document filed by William T. Obeid.(Meister, Stephen)
July 21, 2015 Opinion or Order Filing 189 MEMO ENDORSEMENT on re: #186 Letter filed by Gemini Real Estate Advisors L.L.C. We have conferred with Meister Seelig & Fein, counsel for Plaintiff, who has agreed to the extension in exchange for our agreement that Plaintiff may have until Wednesday, July 29, 2015 to respond (instead of Monday, July 27, 2015). ENDORSEMENT: Application is Granted., ( Responses due by 7/29/2015) (Signed by Magistrate Judge Michael H. Dolinger on 7/20/2015) (ama)
July 20, 2015 Opinion or Order Filing 188 LETTER addressed to Magistrate Judge Michael H. Dolinger from Elizabeth Timmermans dated July 20, 2015 re: in response to Order dated July 9, 2015 (ECF No.177). Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Timmermans, Elizabeth)
July 20, 2015 Opinion or Order Filing 187 LETTER addressed to Magistrate Judge Michael H. Dolinger from Paul M. O'Connor III dated July 20, 2015 re: redactions. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(O'Connor, Paul)
July 20, 2015 Opinion or Order Filing 186 LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael Smith dated July 20, 2015 re: discovery order dated July 9, 2015. Document filed by Gemini Real Estate Advisors L.L.C..(Smith, Michael)
July 20, 2015 Opinion or Order Filing 185 MEMO ENDORSEMENT on re: #184 Letter filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. ENDORSEMENT: We extend the deadline for fact discovery to September 30, 2015. Expert disclosures are due by September 30, 2015 with rebuttal reports due October 30, 2015. All remaining expert discovery is to be completed by November 20, 2015., ( Expert Discovery due by 11/20/2015., Fact Discovery due by 9/30/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 7/20/2015) (ama)
July 17, 2015 Opinion or Order Filing 184 LETTER addressed to Magistrate Judge Michael H. Dolinger from Emilie B. Cooper dated July 17, 2015 re: in Response to Letter submitted by Individual Gemini Defendants on July 17 2015 on defendants requested extension of the discovery schedule. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
July 17, 2015 Opinion or Order Filing 183 LETTER addressed to Magistrate Judge Michael H. Dolinger from Elizabeth M.Z. Timmermans dated July 17, 2015 re: in response to Bridgeton's request for extension of time (ECF No 178). Document filed by Christopher La Mack, Dante Massaro.(Timmermans, Elizabeth)
July 16, 2015 Opinion or Order Filing 182 MEMO ENDORSEMENT on re: #180 Letter filed by Bridgeton Holdings, LLC, Atit Jariwala, Bridgeton Hotel Management, LLC, Bridgeton Acquisitions, LLC. ENDORSEMENT: If defendants La Mack and Massaro object to the longer extension sought here, they are to advise the court in writing by July 17, 2015 as the basis of their objection. (Signed by Magistrate Judge Michael H. Dolinger on 7/16/2015) (ama)
July 15, 2015 Opinion or Order Filing 181 MEMO ENDORSEMENT on re: #179 Letter filed by William T. Obeid. Should the Court grant a 30-day extension, fact discovery and expert disclosures would be completed by August 31, 2015; rebuttal disclosures would be completed by September 30, 2015; and all expert discovery would be completed by October 31, 2015. ENDORSEMENT: Application Granted.( Expert Discovery due by 10/31/2015., Fact Discovery due by 8/31/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 7/15/2015) (ama)
July 15, 2015 Opinion or Order Filing 180 LETTER addressed to Magistrate Judge Michael H. Dolinger from Emilie B. Cooper dated July 15, 2015 re: in response Stephen Meister's July 15, 2015 Letter. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala.(Cooper, Emilie)
July 15, 2015 Opinion or Order Filing 179 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated 7/15/2015 re: in response to the July 13, 2015 letter from Kasowitz (ECF No. 178). Document filed by William T. Obeid.(Pencu, Alexander)
July 13, 2015 Opinion or Order Filing 178 LETTER MOTION for Extension of Time of the current deadlines for fact and expert discovery, as well as an extension of the deadlines in the Pre-Trial Scheduling Order So-Ordered by Judge Swain on October 31, 2014 addressed to Magistrate Judge Michael H. Dolinger from Emilie B. Cooper dated July 13, 2015. Document filed by Bridgeton Acquisitions, LLC, Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Atit Jariwala. (Attachments: #1 [Proposed] Scheduling Order)(Cooper, Emilie)
July 9, 2015 Opinion or Order Filing 177 ORDER: In view of the foregoing, we order as follows: If any disputes remain regarding documents withheld on the basis of an attorney-client privilege or work-product claim by the Gemini defendants, counsel for those parties is to make the requisite evidentiary showing to support the withholding of any documents or portions of documents from plaintiff. This is to be done by July 20, 2015. If any disputes remain regarding documents withheld on the basis of an attorney-client privilege or work-product claim by defendants La Mack and Massaro, counsel for those parties is to make the requisite evidentiary showing to support the withholding of any documents or portions of documents from plaintiff. This is to be done by July 20, 2015. If any disputes remain regarding documents withheld on the basis of an attorney-client privilege or work-product claim by the Bridgeton defendants, counsel for those parties is to make the requisite evidentiary showing to support the withholding of any documents or portions of documents from plaintiff. This is to be done by July 20, 2015. Insofar as redaction or withholding of documents is predicated on a lack of relevance, in defendants' submissions they are to identify with specificity the substance withheld and are to explain the basis for their assertion of irrelevance. Insofar as documents or portions of them have been withheld on the basis of commercial sensitivity, defendants are to provide competent evidence to support those assertions and are to explain why production of those materials under the terms of a confidentiality order does not provide adequate protection. Plaintiff's counsel may respond by July 27, 2015. Defendants may reply by July 29, 2015. SO ORDERED.( Responses due by 7/27/2015, Replies due by 7/29/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 7/09/2015) (ama)
July 8, 2015 Opinion or Order Filing 176 ORDER granting #175 Motion. The Confidentiality Order is deemed amended in paragraphs 3, 4, and 13 to encompass not only a "party," but all "persons" who are producing documents in this lawsuit. (Signed by Magistrate Judge Michael H. Dolinger on 7/08/2015) (ama)
July 8, 2015 Opinion or Order Filing 175 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION To Request an Endorsed Order re: #80 Protective Order . Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert) Modified on 7/9/2015 (db).
July 7, 2015 Opinion or Order Filing 174 NOTICE OF APPEARANCE by David Eric Ross on behalf of William T. Obeid. (Ross, David)
July 2, 2015 Opinion or Order Filing 173 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Corrected Notice of Firm Name Change. Document filed by Gemini Real Estate Advisors L.L.C.. (Smith, Michael) Modified on 7/2/2015 (lb).
July 2, 2015 Opinion or Order Filing 172 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF CHANGE OF ADDRESS by Michael Lee Smith on behalf of William T. Obeid. New Address: Brewer Attorneys & Counselors, 750 Lexington Avenue, 14th Floor, New York, New YOrk, USA 10022, 212-489-1400. (Smith, Michael) Modified on 7/2/2015 (lb).
July 2, 2015 Opinion or Order Filing 171 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/16/2015 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)
July 2, 2015 Opinion or Order Filing 170 TRANSCRIPT of Proceedings re: conference held on 6/16/2015 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Raquel Robles, (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 7/27/2015. Redacted Transcript Deadline set for 8/6/2015. Release of Transcript Restriction set for 10/5/2015.(McGuirk, Kelly)
July 2, 2015 Opinion or Order ***NOTE TO ATTORNEY TO MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Lee Smith. Please mail the Notice of Firm Name Change Form to the Attorney Services Unit. This document is not filed via ECF. (lb)
July 1, 2015 Opinion or Order Filing 169 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT: The time for defendants Bridgeton Holdings, LLC, Bridgeton Hotel Management, LLC, Bridgeton Acquisition, LLC, and Atit Jariwala to answer, move or otherwise respond to the Second Amended Complaint in the above-captioned action (Docket No. 149) is extended to and including July 30, 2015. SO ORDERED. Bridgeton Acquisitions, LLC answer due 7/30/2015; Bridgeton Holdings, LLC answer due 7/30/2015; Bridgeton Hotel Management, LLC answer due 7/30/2015; Atit Jariwala answer due 7/30/2015. (Signed by Judge Laura Taylor Swain on 7/1/2015) (ajs)
July 1, 2015 Opinion or Order Filing 168 ANSWER to #149 Amended Complaint,,., COUNTERCLAIM against William T. Obeid. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 25, 2015 Opinion or Order Filing 167 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated June 25, 2015 re: Reply to La Mack and Massaro Opposition to Motion to Compel. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Meister, Stephen)
June 25, 2015 Opinion or Order Filing 166 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated June 25, 2015 re: Reply to Bridgeton Holdings' Opposition to Motion to Compel. Document filed by William T. Obeid.(Meister, Stephen)
June 25, 2015 Opinion or Order Filing 165 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Bridgeton Holdings, LLC Atit Jawriwala substitutes Emilie B. Cooper as counsel of record in place of Andrew M. Kratenstein. So ORDERED. Attorney Emilie Beth Cooper for Atit Jariwala,Emilie Beth Cooper for Bridgeton Holdings, LLC,Emilie Beth Cooper for Bridgeton Holdings, LLC,Emilie Beth Cooper for Atit Jariwala added. (Signed by Judge Laura Taylor Swain on 6/25/2015) (ajs)
June 25, 2015 Opinion or Order Filing 164 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Bridgeton Holdings, LLC Atit Jawriwala substitutes Paul M. O'Connor III as counsel of record in place of Andrew M. Kratenstein. So ORDERED. Attorney Paul Michael O'Connor, III for Atit Jariwala,Paul Michael O'Connor, III for Bridgeton Holdings, LLC,Paul Michael O'Connor, III for Bridgeton Holdings, LLC added. Attorney Andrew Bennett Kratenstein terminated. (Signed by Judge Laura Taylor Swain on 6/25/2015) (ajs)
June 24, 2015 Opinion or Order Filing 163 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert A. Muckenfuss dated June 24, 2015 re: Response to Privilege Log Issues. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Muckenfuss, Robert)
June 23, 2015 Opinion or Order Filing 162 ORDER: We deem the June 22, 2015 letter of plaintiff's counsel to the Court to constitute a motion to compel. Defendants are to respond to plaintiff's motion by June 24, 2015. Plaintiff may reply by June 25, 2015. Noticed depositions are to proceed as scheduled. Plaintiff may utilize these depositions to explore the factual underpinning for defendants' privilege claims. In the event that additional documents or document segments are ordered produced, we will be prepared to direct the deponents return for further questioning as needed. SO ORDERED. ( Responses due by 6/24/2015, Replies due by 6/25/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 6/23/2015) Copies Faxed By Chambers. (ama)
June 23, 2015 Opinion or Order Filing 161 SEALED DOCUMENT placed in vault.(mps)
June 22, 2015 Opinion or Order Filing 160 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated June 22, 2015 re: requesting a telephone conference. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Meister, Stephen)
June 19, 2015 Opinion or Order Filing 159 ELECTRONIC SUMMONS ISSUED as to Bridgeton Holdings, LLC. (laq)
June 19, 2015 Opinion or Order Filing 158 ELECTRONIC SUMMONS ISSUED as to Atit Jariwala. (laq)
June 19, 2015 Opinion or Order Filing 157 ELECTRONIC SUMMONS ISSUED as to Elevation Real Estate Group, LLC. (laq)
June 19, 2015 Opinion or Order Filing 156 ELECTRONIC SUMMONS ISSUED as to Bridgeton Hotel Management, LLC. (laq)
June 19, 2015 Opinion or Order Filing 155 ELECTRONIC SUMMONS ISSUED as to Bridgeton Acquisitions, LLC. (laq)
June 17, 2015 Opinion or Order Filing 154 REQUEST FOR ISSUANCE OF SUMMONS as to Elevation Real Estate Group, LLC, re: #149 Amended Complaint,,. Document filed by William T. Obeid. (Meister, Stephen)
June 17, 2015 Opinion or Order Filing 153 REQUEST FOR ISSUANCE OF SUMMONS as to Bridgeton Hotel Management, LLC, re: #149 Amended Complaint,,. Document filed by William T. Obeid. (Meister, Stephen)
June 17, 2015 Opinion or Order Filing 152 REQUEST FOR ISSUANCE OF SUMMONS as to Bridgeton Holdings, LLC, re: #149 Amended Complaint,,. Document filed by William T. Obeid. (Meister, Stephen)
June 17, 2015 Opinion or Order Filing 151 REQUEST FOR ISSUANCE OF SUMMONS as to Bridgeton Acquisitions, LLC, re: #149 Amended Complaint,,. Document filed by William T. Obeid. (Meister, Stephen)
June 17, 2015 Opinion or Order Filing 150 REQUEST FOR ISSUANCE OF SUMMONS as to Atit Jariwala, re: #149 Amended Complaint,,. Document filed by William T. Obeid. (Meister, Stephen)
June 17, 2015 Opinion or Order Filing 149 SECOND AMENDED COMPLAINT amending #8 Amended Complaint, against Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro, Bridgeton Hotel Management, LLC, Elevation Real Estate Group, LLC, Bridgeton Acquisitions, LLC, Atit Jariwala, Bridgeton Holdings, LLC.Document filed by William T. Obeid. Related document: #8 Amended Complaint, filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1 of 2, #3 Exhibit 2 part 2 of 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Meister, Stephen)
June 16, 2015 Opinion or Order Filing 148 MEMO ENDORSEMENT on re: #131 Letter filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. ENDORSEMENT: In view of rulings at our conference today, no protective order will issue. (Signed by Magistrate Judge Michael H. Dolinger on 6/16/2015) (ama)
June 16, 2015 Opinion or Order Filing 147 ORDER granting #134 Motion for Leave to File Document. This motion is granted upon plaintiff's stated consent.(Signed by Magistrate Judge Michael H. Dolinger on 6/16/2015) (ama)
June 16, 2015 Opinion or Order Filing 146 ORDER granting #143 Motion to Amend/Correct. In the stated absence of opposition by defendants (as stated today on the record), this motion is granted.(Signed by Magistrate Judge Michael H. Dolinger on 6/16/2015) (ama)
June 16, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Hearing held on 6/16/2015. (Snell, Kevin)
June 15, 2015 Opinion or Order Filing 145 DECLARATION of Stephen B. Meister in Support re: #143 MOTION to Amend/Correct Complaint.. Document filed by William T. Obeid. (Attachments: #1 Exhibit A part 1 of 6, #2 Exhibit A part 2 of 6, #3 Exhibit A part 3 of 6, #4 Exhibit A part 4 of 6, #5 Exhibit A part 5of 6, #6 Exhibit A part 6 of 6, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D)(Meister, Stephen)
June 15, 2015 Opinion or Order Filing 144 MEMORANDUM OF LAW in Support re: #143 MOTION to Amend/Correct Complaint. . Document filed by William T. Obeid. (Meister, Stephen)
June 15, 2015 Opinion or Order Filing 143 MOTION to Amend/Correct Complaint. Document filed by William T. Obeid.(Meister, Stephen)
June 15, 2015 Opinion or Order Filing 142 NOTICE OF APPEARANCE by Michael Lee Smith on behalf of Gemini Real Estate Advisors L.L.C.. (Smith, Michael)
June 15, 2015 Opinion or Order Filing 141 SEALED DOCUMENT placed in vault.(mps)
June 15, 2015 Opinion or Order Filing 140 LETTER addressed to Magistrate Judge Michael H. Dolinger from Alexander D. Pencu dated June 15, 2015 Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pencu, Alexander)
June 11, 2015 Opinion or Order Filing 139 ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action on TUESDAY, JUNE 16, 2015 at 3:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. (As further set forth in this Order) (Status Conference set for 6/16/2015 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 6/11/2015) Copies Faxed By Chambers. (kl)
June 11, 2015 Opinion or Order Filing 138 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert A. Muckenfuss dated June 11, 2015 re: Reply to Plaintiff's June 9th Letter. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N)(Muckenfuss, Robert)
June 10, 2015 Opinion or Order Filing 137 SEALED DOCUMENT placed in vault.(rz)
June 9, 2015 Opinion or Order Filing 136 LETTER addressed to Magistrate Judge Michael H. Dolinger from Alexander D. Pencu, Esq. dated June 9, 2015 re: submitted in response to Defendants letter, dated June 1, 2015 seeking a pre-motion conference in anticipation of their protective order halting any further depositions of Geminis current or former employees until Plaintiff amends his Complaint. Moreover, this letter serves as our response to Defendants preemptive attempt to limit Plaintiff to ten depositions and to cut-off discovery by June 30, 2015. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Pencu, Alexander)
June 4, 2015 Opinion or Order Filing 135 DECLARATION of Robert A. Muckenfuss in Support re: #134 MOTION for Leave to File Counterclaims .. Document filed by Christopher La Mack, Dante Massaro. (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)(Muckenfuss, Robert)
June 4, 2015 Opinion or Order Filing 134 MOTION for Leave to File Counterclaims . Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
June 4, 2015 Opinion or Order Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/11/2015 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)
June 4, 2015 Opinion or Order Filing 132 TRANSCRIPT of Proceedings re: conference held on 5/11/2015 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Carol Ganley, (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 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/8/2015.(McGuirk, Kelly)
June 1, 2015 Opinion or Order Filing 131 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert A. Muckenfuss dated 6/1/2015 re: Requesting Pre-Motion Conference. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Muckenfuss, Robert)
May 28, 2015 Opinion or Order Filing 130 MEMO ENDORSEMENT on re: #128 Letter filed by William T. Obeid. ENDORSEMENT: The only "appropriate order" in the face of this last-minute application is to direct (1) that the deposition proceed as scheduled, (2) that plaintiff's counsel advise defendants' attorney today as to the expected scope of each of these depositions, and (3) that we decline to "preempt[] any objection on the part of the Individual Defendants' counsel," with the caveat that defendants are deemed bound by their attorney's representations at the May 11 conference. If disputes arise at the depositions, parties will of course be free to raise those issues with the court. (Signed by Magistrate Judge Michael H. Dolinger on 5/28/2015) (ama)
May 28, 2015 Opinion or Order Filing 129 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert A. Muckenfuss dated 5/28/2015 re: Plaintiff's letter. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
May 28, 2015 Opinion or Order Filing 128 LETTER addressed to Magistrate Judge Michael H. Dolinger from Alexander D. Pencu, Esq. dated May 28, 2015 re: pre-motion conference. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pencu, Alexander)
May 22, 2015 Opinion or Order Filing 127 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/4/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 22, 2015 Opinion or Order Filing 126 TRANSCRIPT of Proceedings re: conference held on 5/4/2015 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (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 6/15/2015. Redacted Transcript Deadline set for 6/25/2015. Release of Transcript Restriction set for 8/24/2015.(McGuirk, Kelly)
May 13, 2015 Opinion or Order Filing 125 MEMO ENDORSEMENT on re: #124 Letter filed by Atit Jariwala, Bridgeton Holdings, LLC. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 5/13/2015) (ama)
May 13, 2015 Opinion or Order Filing 124 LETTER addressed to Magistrate Judge Michael H. Dolinger from Andrew B. Kratenstein dated May 13, 2015 re: deposition of Atit Jariwala. Document filed by Atit Jariwala, Bridgeton Holdings, LLC.(Kratenstein, Andrew)
May 11, 2015 Opinion or Order Filing 123 ORDER denying #81 Motion to Disqualify Counsel. it is hereby ORDERED: Defendants' application for leave to file a motion to quash subpoenas issued by plaintiff to third parties (Docket 87) is deemed withdrawn. The request brought by interested parties, Bridgeton Holdings, LLC and Atit Jariwala, to move the court to quash subpoenas issued by plaintiff and to disqualify plaintiff's counsel is denied. Deadlines for production of specific discovery items areas stated on the record. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 5/11/2015) Copies Faxed By Chambers. (ama)
May 11, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Hearing held on 5/11/2015. (Snell, Kevin)
April 23, 2015 Opinion or Order Filing 122 LETTER addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated April 23, 2015 re: Plaintiff's objections to letter requesting seal of certain pages of March 11, 2015 transcript. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
April 23, 2015 Opinion or Order Filing 121 LETTER addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated April 23, 2015 re: defendants' request to seal portions of the transcript of the March 11, 2015 hearing. Document filed by William T. Obeid.(Meister, Stephen)
April 23, 2015 Opinion or Order Filing 120 LETTER addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated April 23, 2015 re: response to court's inquiry regarding the reasons for sealing pages 35, 45, and 59 of the transcript of the March 11, 2015 hearing. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
April 23, 2015 Opinion or Order Filing 119 MEMO ENDORSEMENT on re: #118 Letter filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. ENDORSEMENT: Counsel is to provide an explanation for this request. (Signed by Magistrate Judge Michael H. Dolinger on 4/23/2015) Copies Faxed By Chambers. (ama)
April 23, 2015 Opinion or Order Filing 118 LETTER addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated April 23, 2015 re: request for sealing order regarding March 11, 2015 hearing transcript. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
April 22, 2015 Opinion or Order Filing 117 ORDER: It is hereby ORDERED that the conference scheduled in the above-captioned matter before the undersigned on MONDAY, MAY 4, 2015 at 10:00 A.M. will be devoted solely to hearing oral argument on plaintiff's Motion to Disqualify. Defendants' and interested parties' objections to discovery specifically, plaintiff's subpoenas of non-party witnesses for depositions -- will be heard at a subsequent conference on MONDAY, MAY 11, 2015 at 3:00 P.M.You are directed to appear at the appointed times in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. SO ORDERED. ( Oral Argument set for 5/4/2015 at 10:00 AM before Magistrate Judge Michael H. Dolinger., Status Conference set for 5/11/2015 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 4/22/2015) Copies Faxed By Chambers. (ama)
April 21, 2015 Opinion or Order Filing 116 LETTER addressed to Magistrate Judge Michael H. Dolinger from Robert A. Muckenfuss dated April 21, 2015 re: Requesting the Court quash plaintiff's subpoenas issued. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit Ex A - Subpoenas Issued)(Muckenfuss, Robert)
April 16, 2015 Opinion or Order Filing 115 ORDER granting #110 Letter Motion for Conference. Application Granted. Plaintiff's counsel is to supply a courtesy copy to Chambers. (Signed by Magistrate Judge Michael H. Dolinger on 4/08/2015) (ama)
April 15, 2015 Opinion or Order Filing 114 ORDER. It is hereby ORDERED that the conference scheduled in the above-captioned matter before the undersigned on April 16, 2015 has been adjourned to MONDAY, MAY 4, 2015 at 10:00 A.M., at which time oral argument on plaintiff's Motion to Disqualify will be heard and a conference on defendants' and interested parties' objections to discovery will be held. You are directed to appear at the appointed time in Courtroom 170, 500 Pearl Street, New York, New York 10007-1312, and as further set forth. Granting #113 Letter Motion to Adjourn Conference. (Oral Argument set for 5/4/2015 at 10:00 AM in Courtroom 17D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger). (Signed by Magistrate Judge Michael H. Dolinger on 4/15/2015) Copies Faxed By Chambers. (rjm)
April 13, 2015 Opinion or Order Filing 113 LETTER MOTION to Adjourn Conference scheduled for Thursday, April 16, 2015 at 2 P.M. addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister, Esq. dated April 13, 2015. Document filed by William T. Obeid.(Meister, Stephen)
April 8, 2015 Opinion or Order Filing 112 SEALED DOCUMENT placed in vault.(rz)
April 8, 2015 Opinion or Order Filing 111 SEALING ORDER: Plaintiff William T. Obeid ("Plaintiff") requests a sealing order permitting him to file an unredacted version of: Exhibit 1 to William T. Obeid's Reply Declaration in Further Support of his Motion to Disqualify McGuire Woods LLP. The parties agree that this document contains or constitutes a matter that is properly withheld from public disclosure. It is therefore ORDERED that the foregoing documents shall be filed under seal. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 4/08/2015) (ama)
April 8, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #111 Order,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
April 7, 2015 Opinion or Order Filing 110 LETTER MOTION for Conference re: #108 Declaration in Support of Motion to Seal Exhibit 1 to Reply Declaration of William Obeid addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated April 7, 2015. Document filed by William T. Obeid. (Attachments: #1 Text of Proposed Order Proposed Sealing Order)(Meister, Stephen)
April 7, 2015 Opinion or Order Filing 109 DECLARATION of Stephen B. Meister in Support re: #81 MOTION to Disqualify Counsel .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Meister, Stephen)
April 7, 2015 Opinion or Order Filing 108 DECLARATION of William T. Obeid in Support re: #81 MOTION to Disqualify Counsel .. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Meister, Stephen)
April 7, 2015 Opinion or Order Filing 107 REPLY MEMORANDUM OF LAW in Support re: #81 MOTION to Disqualify Counsel . . Document filed by William T. Obeid. (Meister, Stephen)
April 3, 2015 Opinion or Order Filing 106 DECLARATION of Noreen Kelly-Dynega in Opposition re: #81 MOTION to Disqualify Counsel .. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. 1 - Mar 3, 2015 Transcript, p. 50, #2 Ex. 2 - Mar 11, 2015 Transcript, p. 53, #3 Ex. 3 - NY Supreme Court Complaint)(Kelly-Dynega, Noreen)
April 3, 2015 Opinion or Order Filing 105 DECLARATION of T. Craig Harmon in Opposition re: #81 MOTION to Disqualify Counsel .. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
April 3, 2015 Opinion or Order Filing 104 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #106 Declaration) - DECLARATION of Noreen Kelly-Dynega in Opposition re: #81 MOTION to Disqualify Counsel .. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. 1 - Mar 3, 2015 Transcript, p. 50, #2 Ex. 2 - Mar 11, 2015 Transcript, p. 53, #3 Ex. 3 - NY Supreme Court Complaint)(Kelly-Dynega, Noreen) Modified on 4/9/2015 (db).
April 3, 2015 Opinion or Order Filing 103 RESPONSE in Opposition to Motion re: #81 MOTION to Disqualify Counsel . . Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
April 3, 2015 Opinion or Order Filing 102 ORDER: It is hereby ORDERED that the conference scheduled in the above-captioned matter before the undersigned on April 3, 2015 has been adjourned to THURSDAY, APRIL 16, 2015 at 2:00 P.M., at which time oral arguments on plaintiff's Motion to Disquality will be heard and a conference on defendants' and interested parties' objections to discovery will be held. You are directed to appear at the appointed time in Courtroom 17D, 500 Pearl Street, New York,New York 10007-1312. SO ORDERED. ( Status Conference set for 4/16/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 4/03/2015) Copies Faxed By Chambers. (ama)
April 2, 2015 Opinion or Order Filing 101 LETTER addressed to Magistrate Judge Michael H. Dolinger from Andrew B. Kratenstein dated April 2, 2015 re: response to Plaintiff's counsel's letter dated March 30, 2015. Document filed by Atit Jariwala, Bridgeton Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kratenstein, Andrew)
April 2, 2015 Opinion or Order Filing 100 REPLY re: #90 LETTER MOTION for Conference addressed to Magistrate Judge Michael H. Dolinger from Andrew Kratenstein dated 3/26/2015., #87 Letter, requesting pre-motion conference. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. A - Mar 3, 2015 Transcript, p. 43, #2 Ex. B - Notices of Pendency, #3 Ex. C - Memorandum in Support of Order to Show Cause, #4 Ex. D - Order to Show Cause)(Muckenfuss, Robert)
March 30, 2015 Opinion or Order Filing 99 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Michael H. Dolinger from Stephen B. Meister dated March 26, 2015 re: #92 LETTER MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Disqualify Counsel . addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated March 27, 2015. . Document filed by William T. Obeid. (Meister, Stephen)
March 30, 2015 Opinion or Order Filing 98 RESPONSE re: #90 LETTER MOTION for Conference addressed to Magistrate Judge Michael H. Dolinger from Andrew Kratenstein dated 3/26/2015., #87 Letter, . Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Meister, Stephen)
March 30, 2015 Opinion or Order Filing 97 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/11/2015 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)
March 30, 2015 Opinion or Order Filing 96 TRANSCRIPT of Proceedings re: ARGUMENT held on 3/11/2015 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2015. Redacted Transcript Deadline set for 5/4/2015. Release of Transcript Restriction set for 7/2/2015.(McGuirk, Kelly)
March 30, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Stephen Bruce Meister to RE-FILE Document #94 Response,. Use the event type Response to Motion (Letter) found under the event list Replies, Opposition and Supporting Documents. When asked, "Is this a Letter Response to a Letter Motion?", click the Yes radio button, then complete the docket entry as instructed. (db)
March 27, 2015 Opinion or Order Filing 95 ORDER granting #92 Letter Motion for Extension of Time to File Response/Reply re #81 MOTION to Disqualify Counsel. Application granted. Defendants' opposition to plaintiff's motion to disqualify is to be filed by April 3, 2015. Plaintiff's reply will be due by April 7, 2015. (Responses due by 4/3/2015, Replies due by 4/7/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 3/27/2015) Copies Faxed By Chambers. (kko)
March 27, 2015 Opinion or Order Filing 94 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE re: #92 LETTER MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Disqualify Counsel . addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated March 27, 2015. . Document filed by William T. Obeid. (Meister, Stephen) Modified on 3/30/2015 (db).
March 27, 2015 Opinion or Order Filing 93 ORDER granting #90 Letter Motion for Conference addressed to Magistrate Judge Michael H. Dolinger from Andrew Kratenstein dated 3/26/2015. It is hereby ORDERED that a conference has been scheduled in the above-captioned action on FRIDAY, APRIL 3, 2015 at 11:30 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. (Status Conference set for 4/3/2015 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger). (Signed by Magistrate Judge Michael H. Dolinger on 3/27/2015) (kko)
March 27, 2015 Opinion or Order Filing 92 LETTER MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Disqualify Counsel . addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated March 27, 2015. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. A - 3/27/2015 Email, #2 Ex. B - Proposed Order)(Kelly-Dynega, Noreen)
March 26, 2015 Opinion or Order Filing 91 NOTICE OF APPEARANCE by Andrew Bennett Kratenstein on behalf of Bridgeton Holdings, LLC, Atit Jariwala. (Kratenstein, Andrew)
March 26, 2015 Opinion or Order Filing 90 LETTER MOTION for Conference addressed to Magistrate Judge Michael H. Dolinger from Andrew Kratenstein dated 3/26/2015. Document filed by Bridgeton Holdings, LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kratenstein, Andrew)
March 26, 2015 Opinion or Order Filing 89 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference addressed to Magistrate Judge Michael H. Dolinger from Andrew Kratenstein dated 3/26/2015. Document filed by Bridgeton Holding LLC, Atit Jariwala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kratenstein, Andrew) Modified on 3/26/2015 (ka).
March 26, 2015 Opinion or Order Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Andrew Bennett Kratenstein on behalf of Bridgeton Holding LLC, Atit Jariwala. (Kratenstein, Andrew) Modified on 3/26/2015 (ldi).
March 25, 2015 Opinion or Order Filing 87 LETTER addressed to Magistrate Judge Michael H. Dolinger from Noreen Kelly-Dynega dated March 25, 2015 re: Requesting Pre-Motion Conference. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kelly-Dynega, Noreen)
March 23, 2015 Opinion or Order Filing 86 ORDER: Defendants are to file and serve their opposition by March 30, 2015. Plaintiff is to file and serve his reply by April 3, 2015. SO ORDERED. ( Responses due by 3/30/2015, Replies due by 4/3/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 3/23/2015) Copies Faxed By Chambers. (ama)
March 19, 2015 Opinion or Order Filing 85 DECLARATION of Bruce A. Green in Support re: #81 MOTION to Disqualify Counsel .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A)(Stocks, Remy)
March 19, 2015 Opinion or Order Filing 84 DECLARATION of Stephen B. Meister in Support re: #81 MOTION to Disqualify Counsel .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Stocks, Remy)
March 19, 2015 Opinion or Order Filing 83 DECLARATION of William T. Obeid in Support re: #81 MOTION to Disqualify Counsel .. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stocks, Remy)
March 19, 2015 Opinion or Order Filing 82 MEMORANDUM OF LAW in Support re: #81 MOTION to Disqualify Counsel . . Document filed by William T. Obeid. (Stocks, Remy)
March 19, 2015 Opinion or Order Filing 81 MOTION to Disqualify Counsel . Document filed by William T. Obeid.(Stocks, Remy)
March 18, 2015 Opinion or Order Filing 80 CONFIDENTIALITY ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 3/18/2015) (ajs)
March 17, 2015 Opinion or Order Filing 79 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/3/2015 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)
March 17, 2015 Opinion or Order Filing 78 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/3/2015 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015.(McGuirk, Kelly)
March 11, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Oral Argument held on 3/11/2015 re: #61 Order to Show Cause,,,,,. (Snell, Kevin)
March 10, 2015 Opinion or Order Filing 77 DECLARATION of Noreen Kelly-Dynega in Support re: #62 Declaration in Support, #61 Order to Show Cause,,,,,. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. A - 3/1/2015 Email, #2 Ex. B - 3/2/2015 Letter, #3 Ex. C - 3/2/2015 Email, #4 Ex. D - 3/2/2015 Email)(Kelly-Dynega, Noreen)
March 10, 2015 Opinion or Order Filing 76 DECLARATION of Robert Muckenfuss in Support re: #62 Declaration in Support, #61 Order to Show Cause,,,,,. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. A - 3/10/2015 Email, #2 Ex. B - 3/2/2015 Letter)(Kelly-Dynega, Noreen)
March 10, 2015 Opinion or Order Filing 75 REPLY MEMORANDUM OF LAW in Support re: #62 Declaration in Support, #61 Order to Show Cause,,,,, . Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
March 10, 2015 Opinion or Order Filing 74 LETTER addressed to Judge Laura Taylor Swain from Noreen Kelly-Dynega dated March 2, 2015 re: Response in Opposition to Plaintiff's Motions for Ltd. Expedited Discovery (Dkt 63) and for TRO (Dkt 65). Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. A - 2/27/2015 Email, #2 Ex. B - 3/2/2015 Letter)(Kelly-Dynega, Noreen)
March 10, 2015 Opinion or Order Filing 73 SEALED DOCUMENT placed in vault.(mps)
March 10, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Noreen Anne Kelly-Dynega to RE-FILE Document #68 Response. Use the event type Letter found under the event list Other Documents. (db)
March 9, 2015 Opinion or Order Filing 72 MEMORANDUM OF LAW in Opposition re: #61 Order to Show Cause,,,,, . Document filed by William T. Obeid. (Stocks, Remy)
March 9, 2015 Opinion or Order Filing 71 DECLARATION of Stephen B. Meister in Opposition re: #61 Order to Show Cause,,,,,. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stocks, Remy)
March 9, 2015 Opinion or Order Filing 70 DECLARATION of William T. Obeid in Opposition re: #61 Order to Show Cause,,,,,. Document filed by William T. Obeid. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stocks, Remy)
March 9, 2015 Opinion or Order Filing 69 DECLARATION of Dante Massaro in Opposition re: #65 Memorandum of Law in Support. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Ex. A - Amended and Restated Ltd. Liability Co. Agreement, #2 Ex. B - Affidavit in Support of Motion for TRO, #3 Ex. C - 10/14/2014 Letter, #4 Ex. D - 11/5/2014 Letter, #5 Ex. E - 2/12/2015 Email, #6 Ex. F - Subcontract Property Mgmt. Agreement, #7 Ex. G - First Amendment to Master Subcontractor Property Mgmt. Agreement)(Kelly-Dynega, Noreen)
March 9, 2015 Opinion or Order Filing 68 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE re: #63 Memorandum of Law in Support, #65 Memorandum of Law in Support in Opposition. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A - 2/27/2015 Email, #2 Exhibit B - 3/2/2015 Letter)(Kelly-Dynega, Noreen) Modified on 3/10/2015 (db).
March 5, 2015 Opinion or Order Filing 67 DECLARATION of William T. Obeid in Support re: #59 Order,. Document filed by William T. Obeid. (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 part 1 of 2, #10 Exhibit 9 part 2 of 2, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29)(Pencu, Alexander)
March 5, 2015 Opinion or Order Filing 66 DECLARATION of Stephen B. Meister in Support re: #59 Order,. Document filed by William T. Obeid. (Pencu, Alexander)
March 5, 2015 Opinion or Order Filing 65 MEMORANDUM OF LAW in Support re: #59 Order, . Document filed by William T. Obeid. (Pencu, Alexander)
March 5, 2015 Opinion or Order Filing 64 DECLARATION of Stephen B. Meister in Support re: #58 Order,. Document filed by William T. Obeid. (Pencu, Alexander)
March 5, 2015 Opinion or Order Filing 63 MEMORANDUM OF LAW in Support re: #58 Order, . Document filed by William T. Obeid. (Pencu, Alexander)
March 4, 2015 Opinion or Order Filing 62 DECLARATION of Noreen Kelly-Dynega in Support re: #61 Order to Show Cause,,,,,. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit Defendants' Memorandum in Support of Order to Show Cause, #2 Exhibit Proposed Order to Show Cause, #3 Exhibit Declaration of Dante Massaro in Support of Order to Show Cause, #4 Exhibit 3-2-2015 Letter)(Kelly-Dynega, Noreen)
March 4, 2015 Opinion or Order Filing 61 ORDER TO SHOW CAUSE William T. Obeid shall show cause as to why an Order should not be issued that: (a) enjoins Plaintiff from obtaining, disclosing, or otherwise using any documents, communications, or other materials exchanged by and between Defendants and their counsel; (b) strikes and seals all declarations and exhibits Plaintiff may file in support of his Order to Show Cause seeking to disqualify Defendants' counsel; (c) requires Plaintiff to return to Defendants all communications, or other materials exchanged by and between Defendants and their counsel; and (b) taxes to Plaintiff all costs and reasonable attorneys' fees incurred by Defendants in connection with obtaining this Order to Show Cause and any other resulting orders or relief. It is further ORDERED that pending further order of the Court, Plaintiff is barred from obtaining, disclosing, or otherwise using any documents, communications, or other materials exchanged by or between Defendants and their counsel. It is further ORDERED that personal service of a copy of this Order and annexed Declarations of Noreen Kelly-Dynega and Dante A. Massaro upon Plaintiff or his counsel on or before March 4, 2015, at 12:00 p.m., shall be deemed good and sufficient service thereof. SO ORDERED. Show Cause Hearing set for 3/11/2015 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 3/3/2015) (ajs)
March 4, 2015 Opinion or Order Filing 60 ORDER: The application for an order to show cause is denied, for the reasons stated on the record, (to next page) without prejudice to regular motion practice before Judge Dolinger. Plaintiff must file the supporting papers to the instant application under seal, pending further order of the Court. (Signed by Judge Laura Taylor Swain on 3/3/2015) (ajs)
March 4, 2015 Opinion or Order Filing 59 ORDER: The within applications for an order to show cause and temporary restraining order are denied for the reasons stated on the record of the March 3, 2015, hearing, without prejudice to (to next page)(continued) proceeding by regular motion practice. (Signed by Judge Laura Taylor Swain on 3/3/2015) (ajs)
March 4, 2015 Opinion or Order Filing 58 ORDER: The within application for an order to show cause is denied (to next page)(cont'd) without prejudice to an application for accelerated discovery directed to Magistrate Judge Dolinger, for the reasons stated on the record. (Signed by Judge Laura Taylor Swain on 3/3/2015) (ajs)
March 4, 2015 Opinion or Order Filing 57 ORDER: Pursuant to Judge Swain's order that plaintiff show cause in the above-captioned matter before this court on March 11, 2015, we hereby ORDER the following briefing schedule: Plaintiff is to file and serve his opposition by March 9, 2015. Defendants are to file and serve their reply by March 10, 2015.SO ORDERED. ( Responses due by 3/9/2015, Replies due by 3/10/2015.) (Signed by Magistrate Judge Michael H. Dolinger on 3/04/2015) Copies Faxed By Chambers. (ama)
March 4, 2015 Opinion or Order Filing 56 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause to prevent disclosure of privileged information. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit Defendants' Memorandum in Support of Order to Show Cause, #2 Exhibit Proposed Order to Show Cause, #3 Exhibit Declaration of Dante Massaro in Support of Order to Show Cause, #4 Exhibit 3-2-2015 Letter)(Kelly-Dynega, Noreen) Modified on 3/4/2015 (ldi).
March 4, 2015 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 3/4/2015. TRO/OSC HEARING held. As stated in open Court, Plaintiffs application for TRO, to disqualify McGuire Woods, LLP and for limited expedited discovery is denied without prejudice. Defendants application for an Order to Show Cause is granted and plaintiff is directed to show cause before Magistrate Judge Dolinger on 3/11/2015 at 10:00am. ( Show Cause Hearing set for 3/11/2015 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (lan)
March 4, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Noreen Anne Kelly-Dynega to RE-FILE Document #56 MOTION for Order to Show Cause to prevent disclosure of privileged information. Use the event type Declaration in Support (non-motion) found under the event list Other Answers. ***NOTE*** Re-File once the Order To Show Cause has been filed by the Court, then link to that document. You must file all supporting documents separately. (ldi)
March 3, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held on 3/3/2015. (Snell, Kevin)
February 20, 2015 Opinion or Order Filing 55 ORDER: It is hereby ORDERED that the settlement conference in the above-captioned matter scheduled for January 27, 2015 has been adjourned to TUESDAY, MARCH 3, 2015 at 10:00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Settlement Conference set for 3/3/2015 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 2/20/2015) Copies Sent By Chambers. (mro)
February 19, 2015 Opinion or Order Filing 54 NOTICE OF APPEARANCE by Remy Joanna Stocks on behalf of William T. Obeid. (Stocks, Remy)
February 17, 2015 Opinion or Order Filing 53 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: William T. Obeid substitutes Stephen Bruce Meister as counsel of record in place of Edward John Normand. So ORDERED. Attorney Stephen Bruce Meister for William T. Obeid added. Attorney Edward John Normand terminated. (Signed by Judge Laura Taylor Swain on 2/17/2015) (ajs)
February 17, 2015 Opinion or Order Filing 52 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: William T. Obeid substitutes Alexander D. Pencu as counsel of record in place of Marc Victor Ayala. So ORDERED. Attorney Alexander Dimitri Pencu for William T. Obeid added. Attorney Marc Victor Ayala terminated. (Signed by Judge Laura Taylor Swain on 2/17/2015) (ajs)
December 15, 2014 Opinion or Order Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Initial Pretrial Conference proceeding held on 10/31/2014 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...(ca)
December 15, 2014 Opinion or Order Filing 50 TRANSCRIPT of Proceedings re: Initial Pretrial Conference held on 10/31/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2015. Redacted Transcript Deadline set for 1/20/2015. Release of Transcript Restriction set for 3/19/2015.(ca)
December 8, 2014 Opinion or Order Filing 49 ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action on TUESDAY, JANUARY 27, 2015 at 10:00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. And as set forth herein. SO ORDERED. ( Settlement Conference set for 1/27/2015 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/05/2014) Copies Faxed By Chambers. (ama)
November 14, 2014 Opinion or Order Filing 48 RULE 26 DISCLOSURE.Document filed by William T. Obeid.(Ayala, Marc)
November 14, 2014 Opinion or Order Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gemini Real Estate Advisors L.L.C..(Kelly-Dynega, Noreen)
November 14, 2014 Opinion or Order Filing 46 ANSWER to #1 Complaint. Document filed by Gemini Real Estate Advisors L.L.C..(Kelly-Dynega, Noreen)
November 14, 2014 Opinion or Order Filing 45 ANSWER to #8 Amended Complaint,. Document filed by Dante Massaro.(Kelly-Dynega, Noreen)
November 14, 2014 Opinion or Order Filing 44 ANSWER to #8 Amended Complaint,. Document filed by Christopher La Mack.(Kelly-Dynega, Noreen)
October 31, 2014 Opinion or Order Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 10/31/2014. IPTC held. PTC Scheduling Order to follow. Case is referred to MJ Dolinger for GPT. (Order to follow.) FPTC is scheduled for 12/4/2015 at 10:30am. (lan)
October 31, 2014 Opinion or Order Filing 43 PRE-TRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties, or amendments or joinders as of right, must be made by December 31, 2014. All non-expert witness discovery in this matter must be completed by June 30, 2015. All expert witness discovery must be completed by August 30, 2015. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before October 2, 2015. The parties are directed to appear before the undersigned in Courtroom No. 12D, 500 Pearl Street, New York, NY 10007, for a final pre-trial conference on December 4, 2015, at 10:30 a.m., and as further set forth herein. Amended Pleadings due by 12/31/2014. Joinder of Parties due by 12/31/2014. Motions due by 10/2/2015. Discovery due by 8/30/2015. Final Pretrial Conference set for 12/4/2015 at 10:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/31/2014) (ja)
October 31, 2014 Opinion or Order Filing 42 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. Motions referred to Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 10/31/2014) (ja)
October 31, 2014 Opinion or Order Filing 41 ORDER: For substantially the reasons stated on the record at the pretrial conference held today, Defendants' motion to dismiss or stay this action (docket entry no. 23) is denied. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/31/2014) (ja)
October 24, 2014 Opinion or Order Filing 40 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Submission Pursuant to Rule 26 Document filed by William T. Obeid.(Ayala, Marc)
October 16, 2014 Opinion or Order Filing 39 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1). . Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
October 16, 2014 Opinion or Order Filing 38 DECLARATION of Noreen Kelly-Dynega in Support re: #23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1).. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit 1, Part 1 of 2, #2 Exhibit 1, Part 2 of 2)(Kelly-Dynega, Noreen)
October 15, 2014 Opinion or Order Filing 37 ORDER granting #36 Letter Motion to Adjourn Conference. The requests are granted. SO ORDERED. Initial Conference set for 10/31/2014 at 12:15 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/15/2014) (ajs) Modified on 10/22/2014 (ajs).
October 14, 2014 Opinion or Order Filing 36 LETTER MOTION to Adjourn Conference 10/24/2014 at 10:30 a.m. addressed to Judge Laura Taylor Swain from Noreen Kelly-Dynega dated 10/14/2014. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
September 29, 2014 Opinion or Order Filing 35 DECLARATION of Marc Ayala in Opposition re: #23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1).. Document filed by William T. Obeid. (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)(Ayala, Marc)
September 29, 2014 Opinion or Order Filing 34 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1). . Document filed by William T. Obeid. (Normand, Edward)
September 19, 2014 Opinion or Order Filing 33 STIPULATION AND ORDER: Plaintiff's opposition to defendants' motion to dismiss plaintiff's complaint pursuant to F.R.C.P. 12 (b)(1) (ECF No. 23) is due on or before September 29, 2014. Defendants' reply in further support of their motion to dismiss plaintiff's complaint pursuant to F.R.C.P. 12 (b)(1) (ECF No. 23) is due on or before October 16, 2014. SO ORDERED. ( Responses due by 9/29/2014, Replies due by 10/16/2014.) (Signed by Judge Laura Taylor Swain on 9/18/2014) (ama)
September 12, 2014 Opinion or Order Filing 32 SEALED DOCUMENT placed in vault.(rz)
September 9, 2014 Opinion or Order Filing 31 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Noreen Kelly-Dynega dated 9/8/2014 re: Advising the Court that Plaintiff has misrepresented the status of this case. ENDORSEMENT: The Exhibits to this letter will be filed under seal. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/9/2014) (ajs)
September 9, 2014 Opinion or Order Filing 30 MEMO ENDORSED ORDER on WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS OR STAY THE ACTION PURSUANT TO RULE 12(B)(3) withdrawing #9 Motion to Dismiss; granting #22 Motion to Withdraw ; withdrawing #23 Motion to Dismiss. ENDORSEMENT: This resolves docket entry #s 23 and 9. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/8/2014) (ajs)
September 9, 2014 Opinion or Order Filing 29 ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Elizabeth M. Z. Timmermans to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 9/08/2014) (ama)
September 9, 2014 Opinion or Order Filing 28 ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Robert A. Muckenfuss to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 9/08/2014) (ama)
September 5, 2014 Opinion or Order Filing 27 INITIAL CONFERENCE ORDER: Initial Conference set for 10/24/2014 at 10:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (See Order.) (Signed by Judge Laura Taylor Swain on 9/4/2014) (ajs)
September 5, 2014 Opinion or Order Filing 26 LETTER addressed to Judge Laura Taylor Swain from Edward Normand dated September 5, 2014 Document filed by William T. Obeid.(Normand, Edward)
September 4, 2014 Opinion or Order Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1). . Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
September 4, 2014 Opinion or Order Filing 24 DECLARATION of Noreen A. Kelly-Dynega in Support re: #23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1).. Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Kelly-Dynega, Noreen)
September 4, 2014 Opinion or Order Filing 23 MOTION to Dismiss Plaintiff's Complaint pursuant to F.R.C.P. 12(b)(1). Document filed by Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
September 4, 2014 Opinion or Order Filing 22 MOTION to Withdraw #9 MOTION to Dismiss or Stay the Action. . Document filed by Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
September 4, 2014 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Noreen Anne Kelly-Dynega on behalf of Gemini Real Estate Advisors L.L.C.. (Kelly-Dynega, Noreen)
September 4, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 AMENDED MOTION for Robert A. Muckenfuss to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff., #20 AMENDED MOTION for Elizabeth M. Z. Timmermans to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
September 3, 2014 Opinion or Order Filing 20 AMENDED MOTION for Elizabeth M. Z. Timmermans to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher La Mack, Dante Massaro.(Timmermans, Elizabeth)
September 3, 2014 Opinion or Order Filing 19 AMENDED MOTION for Robert A. Muckenfuss to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert)
August 28, 2014 Opinion or Order Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elizabeth M. Z. Timmermans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10044177. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher La Mack, Dante Massaro.(Timmermans, Elizabeth) Modified on 8/28/2014 (sdi).
August 28, 2014 Opinion or Order Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert A. Muckenfuss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10044154. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher La Mack, Dante Massaro.(Muckenfuss, Robert) Modified on 8/28/2014 (sdi).
August 28, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #18 MOTION for Elizabeth M. Z. Timmermans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10044177. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing from the Supreme Court of North Carolina. 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)
August 28, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #17 MOTION for Robert A. Muckenfuss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10044154. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing from the Supreme Court of North Carolina. 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)
August 26, 2014 Opinion or Order Filing 16 ENDORSED LETTER addressed to Judge Denise L. Cote from Marc Ayala dated August 26, 2014 Regarding: With Defendants' consent, Plaintiff withdraws his motion for a temporary restraining order due to it having been mooted. The parties will discuss Plaintiff's motion for a preliminary injunction with Judge Swaine's chambers...ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 8/26/2014) (gr)
August 26, 2014 Opinion or Order Filing 15 NOTICE OF CHANGE OF ADDRESS by Noreen Anne Kelly-Dynega on behalf of Christopher La Mack, Dante Massaro. New Address: McGuireWoods LLP, 1345 Avenue of the Americas, New York, NY, USA 10105, (212) 548-7025. (Kelly-Dynega, Noreen)
August 26, 2014 Opinion or Order Filing 14 LETTER addressed to Judge Denise L. Cote from Marc Ayala dated August 26, 2014 re: Plaintiff's Motion for a Temporary Restraining Order. Document filed by William T. Obeid.(Ayala, Marc)
August 26, 2014 Opinion or Order Filing 13 LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Edward Normand dated August 26, 2014. Document filed by William T. Obeid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Normand, Edward)
August 25, 2014 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss or Stay the Action. . Document filed by Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
August 25, 2014 Opinion or Order Filing 11 DECLARATION of Dante A. Massaro in Support re: #9 MOTION to Dismiss or Stay the Action.. Document filed by Christopher La Mack, Dante Massaro. (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)(Kelly-Dynega, Noreen)
August 25, 2014 Opinion or Order Filing 10 DECLARATION of Noreen A. Kelly-Dynega in Support re: #9 MOTION to Dismiss or Stay the Action.. Document filed by Christopher La Mack, Dante Massaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, Part 1, #7 Exhibit F, Part 2, #8 Exhibit G)(Kelly-Dynega, Noreen)
August 25, 2014 Opinion or Order Filing 9 MOTION to Dismiss or Stay the Action. Document filed by Christopher La Mack, Dante Massaro.(Kelly-Dynega, Noreen)
August 25, 2014 Opinion or Order Filing 8 AMENDED COMPLAINT amending #1 Complaint against Christopher La Mack, Dante Massaro.Document filed by William T. Obeid. Related document: #1 Complaint filed by William T. Obeid. (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)(Normand, Edward)
August 25, 2014 Opinion or Order Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Dante Massaro served on 8/14/2014, answer due 9/4/2014. Service was accepted by Dante Massaro. Document filed by William T. Obeid. (Normand, Edward)
August 25, 2014 Opinion or Order Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Christopher La Mack served on 8/14/2014, answer due 9/4/2014. Service was accepted by Christopher La Mack. Document filed by William T. Obeid. (Normand, Edward)
August 25, 2014 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Marc Victor Ayala on behalf of William T. Obeid. (Ayala, Marc)
August 25, 2014 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Noreen Anne Kelly-Dynega on behalf of Christopher La Mack, Dante Massaro. (Kelly-Dynega, Noreen)
August 25, 2014 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Edward Normand RE: Document No. #3 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. All defendants must be listed separately in the docket entry. "All defendants" is not acceptable. (jom)
August 22, 2014 Opinion or Order Filing 3 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint against All Defendants.Document filed by William T. Obeid. Related document: #1 Complaint filed by William T. Obeid. (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)(Normand, Edward) Modified on 8/25/2014 (jom).
August 14, 2014 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (laq)
August 14, 2014 Opinion or Order Filing 1 COMPLAINT against Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (Filing Fee $ 350.00, Receipt Number 465407009215)Document filed by William T. Obeid.(laq)
August 14, 2014 Opinion or Order SUMMONS ISSUED as to Gemini Real Estate Advisors L.L.C., Christopher La Mack, Dante Massaro. (laq)
August 14, 2014 Opinion or Order Case Designated ECF. (laq)
August 14, 2014 Opinion or Order Magistrate Judge Michael H. Dolinger is so designated. (laq)

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Search for this case: Obeid v. La Mack et al
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Plaintiff: William T. Obeid
Represented By: Alexander Dimitri Pencu
Represented By: Christopher John Major
Represented By: Stephen Bruce Meister
Represented By: Adam B. Oppenheim
Represented By: Austin Dong Kim
Represented By: David Eric Ross
Represented By: Edward John Normand
Represented By: Marc Victor Ayala
Represented By: Randi Lane Maidman
Represented By: Remy Joanna Stocks
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Defendant: Christopher La Mack
Represented By: Jonathan Paul Harmon
Represented By: Noreen Anne Kelly
Represented By: Robert A. Muckenfuss
Represented By: Elizabeth M.Z. Timmermans
Represented By: Lindsay Brandt Jakubowitz
Represented By: R. Locke Beatty
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Defendant: Dante Massaro
Represented By: Jonathan Paul Harmon
Represented By: Noreen Anne Kelly
Represented By: Robert A. Muckenfuss
Represented By: Elizabeth M.Z. Timmermans
Represented By: Lindsay Brandt Jakubowitz
Represented By: R. Locke Beatty
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Defendant: Gemini Real Estate Advisors L.L.C.
Represented By: Michael Lee Smith
Represented By: Noreen Anne Kelly
Represented By: Jonathan Paul Harmon
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Defendant: Bridgeton Hotel Management, LLC
Represented By: Paul Michael O'Connor, III
Represented By: Emilie Beth Cooper
Represented By: Joshua Nathan Paul
Represented By: Seth A. Moskowitz
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Defendant: Elevation Real Estate Group, LLC
Represented By: Jonathan Paul Harmon
Represented By: Robert A. Muckenfuss
Represented By: Elizabeth M.Z. Timmermans
Represented By: Lindsay Brandt Jakubowitz
Represented By: R. Locke Beatty
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Defendant: Bridgeton Acquisitions, LLC
Represented By: Paul Michael O'Connor, III
Represented By: Emilie Beth Cooper
Represented By: Joshua Nathan Paul
Represented By: Seth A. Moskowitz
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Defendant: Atit Jariwala
Represented By: Emilie Beth Cooper
Represented By: Paul Michael O'Connor, III
Represented By: Joshua Nathan Paul
Represented By: Seth A. Moskowitz
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Defendant: Bridgeton Holdings, LLC
Represented By: Emilie Beth Cooper
Represented By: Paul Michael O'Connor, III
Represented By: Joshua Nathan Paul
Represented By: Seth A. Moskowitz
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Not classified by court: Ivaylo V Ninov
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Not classified by court: Western Heritable Investment Company
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