Arrowhead Capital Finance, Ltd. v. Seven Arts Entertainment, Inc.
| Arrowhead Capital Finance, Ltd. |
| Seven Arts Filmed Entertainment Louisiana LLC and Seven Arts Entertainment, Inc. |
| Raymond James Markovich and Picture Pro LLC |
| 1:2014cv06512 |
| August 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine Polk Failla |
| Negotiable Instrument |
| 28 U.S.C. § 1332 ac Diversity-Account Receivable |
| Defendant |
Docket Report
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This docket was last retrieved on July 20, 2021. A more recent docket listing may be available from PACER.
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Filing 254
MEMO ENDORSEMENT on re: #253 Letter filed by Picture Pro LLC. ENDORSEMENT: The Court is in receipt of the above letter from counsel for Picture Pro LLC (Dkt. #253), which letter is substantively identical to a letter filed by same on July 12, 2021 (Dkt. #251). The Court considered the previous letter and nevertheless determined that Plaintiff's proposed additional post-judgment discovery is necessary and appropriate. (See Dkt. #252). The Court sees no reason to modify or withdraw that decision. Accordingly, Picture Pro's request for leave to file a motion for a protective order is DENIED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/20/2021) (vfr)
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Filing 253
LETTER addressed to Judge Katherine Polk Failla from Philip H. Stillman dated July 20, 2021 re: Pre-Filing Request. Document filed by Picture Pro LLC..(Stillman, Philip)
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Filing 252
MEMO ENDORSEMENT on re: #250 Brief,, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: Application GRANTED. In light of Defendants' continued recalcitrance, the Court concludes that additional post-judgment discovery is warranted. See Cessna Fin. Corp. v. Al Ghaith Holding Co. PJSC, No. 15 Civ. 9857 (PGG) (KNF), 2021 WL 949714, at *5 (S.D.N.Y. Mar. 12, 2021) ("[B]road post-judgment discovery in aid of execution is the norm in federal and New York state courts." (quoting EM Ltd. v. Republic of Argentina, 695 F.3d 201, 207 (2d Cir. 2012))); Phoenix Bulk Carriers (BVI), Ltd. v. Triorient, LLC, No. 20 Civ. 0936 (JGK) (RWL), 2021 WL 621226, at *2 (S.D.N.Y. Feb. 17, 2021) ("[J]udgment creditors must be given the freedom to make a broad inquiry to discover hidden or concealed assets of the judgment debtor." (collecting cases)). Plaintiff may pursue the discovery proposed in Exhibit 1, attached. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/12/2021) (kv)
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Filing 251
LETTER addressed to Judge Katherine Polk Failla from Philip H. Stillman dated July 12, 2021 re: Pre-Filing Request. Document filed by Seven Arts Entertainment, Inc...(Stillman, Philip)
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Filing 250
BRIEF Letter to The Honorable Katherine Polk Failla July 9 2021. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit #1 Summary of Discovery, #2 Exhibit #2 This Court's April 17 2020 Memo, #3 Exhibit #3 May 22 2020 Agreement, #4 Exhibit #4 Assignment and Settlement Agreement, #5 Exhibit #5 Second Amendment, #6 Exhibit #6 May 6 2021 Report and Recommendations of Judge Rosenbluth, #7 Exhibit #7 June 10 2021 Order of Judge Wu).(Goldin, Barry)
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Filing 249
ORDER denying #231 Motion to Quash. For the reasons set forth above, PPL's motion to quash the subpoenas issued to PPL and UCE is DENIED without prejudice. Plaintiff's request to compel compliance with the subpoenas and for attorneys' fees and sanctions is also DENIED without prejudice. The Clerk of Court is directed to terminate the motion at Docket No. 231.. (Signed by Judge Katherine Polk Failla on 2/5/2021) (nb)
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Filing 248
ORDER FOR ADMISSION PRO HAC VICE granting #230 Motion for Philip H. Stillman to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 1/19/2021) (nb) Modified on 1/22/2021 (nb).
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| Filing 247 NOTICE of Of Lodgment of Certificate of Good Standing re: Notice Regarding Deficient Motion to Appear Pro Hac vice,,,. Document filed by Picture Pro LLC..(Stillman, Philip) |
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Filing 246
ORDER. Mr. Stillman's request for additional time to complete his pro hac vice application is hereby GRANTED. Accordingly, Mr. Stillman is ORDERED to fulfill the requirements to appear in this action on or before January 28, 2021. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/15/21) (yv)
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| Filing 245 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated January 14 2021 re: Update as to Improvident Motion of Hoffman Affiliate PicturePro LLC to Quash Judgment Creditor Arrowhead Capital Finance Ltd's Post-Judgment Subpoenas. Document filed by Arrowhead Capital Finance, Ltd...(Goldin, Barry) |
| Filing 244 RESPONSE TO ORDER TO SHOW CAUSE re: #242 Order to Show Cause,,. Document filed by Picture Pro LLC..(Stillman, Philip) |
| Filing 243 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 01/08/2021 re: Order To Show Cause. Document filed by Raymond James Markovich, Picture Pro LLC, Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC..(Markovich, Raymond) |
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Filing 242
ORDER TO SHOW CAUSE: As of January 7, 2021, Mr. Stillman has failed either to properly appear on behalf of PPL in this matter or to provide a satisfactory explanation for why he is unable to complete his pro hac vice application. Thus, the Court is unable to consider PPL's submissions to the Court. PPL is hereby ORDERED to show cause in writing, on or before January 14, 2021, why its Motion to Quash should not be denied as improperly filed. IT IS FURTHER ORDERED that if the Court does not receive any written communication from PPL or its counsel by January 14, 2021, the Court will deny the motion. (Signed by Judge Katherine Polk Failla on 1/7/2021) (mro)
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| Filing 241 REPLY MEMORANDUM OF LAW in Opposition re: #236 LETTER MOTION for Leave to File Newly Obtained Documents as to Peter Hoffman's Instructions to Uncork'd to Provide False Responses to Arrowhead's Document Subpoena and Accompanying Supplemental Declaration of Barry Goldin Esq and Exhi . Document filed by Picture Pro LLC..(Stillman, Philip) |
| Filing 240 AFFIDAVIT of Barry L Goldin Esq in Opposition re: #231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 25A Sept 2 2020 printout, #2 Exhibit 25B Opinion and Order).(Goldin, Barry) |
| Filing 239 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC . In Further Opposition of Intervenor PicturePro LLC's Improvident Motion to Quash Court-Authorized Subpoenas and also to Address Further Hoffman/PicturePro Misconduct. Document filed by Arrowhead Capital Finance, Ltd...(Goldin, Barry) |
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Filing 238
ORDER granting #236 Letter Motion for Leave to File Document. The Court is in receipt of Arrowhead's above letter requesting leave to supplement its opposition to PicturePro's motion to quash (Dkt. #236), and Peter Hoffman's declaration in opposition (Dkt. #237). Arrowhead may file its supplemental submission on or before September 4, 2020, and Seven Arts Entertainment Inc. may file a response by September 11, 2020. (Signed by Judge Katherine Polk Failla on 8/21/2020) (rro)
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| Filing 237 AFFIRMATION of Peter M. Hoffman in Opposition re: #236 LETTER MOTION for Leave to File Newly Obtained Documents as to Peter Hoffman's Instructions to Uncork'd to Provide False Responses to Arrowhead's Document Subpoena and Accompanying Supplemental Declaration of Barry Goldin Esq and Exhi. Document filed by Picture Pro LLC..(Stillman, Philip) |
| Filing 236 LETTER MOTION for Leave to File Newly Obtained Documents as to Peter Hoffman's Instructions to Uncork'd to Provide False Responses to Arrowhead's Document Subpoena and Accompanying Supplemental Declaration of Barry Goldin Esq and Exhibits Thereto Letter Motion addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated August 21, 2020. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Supplemental Declaration of Barry L Goldin Esq, #2 Exhibit #22 Email chain, #3 Exhibit #23 Monthly emails, #4 Exhibit #24 Statement by Uncork'd).(Goldin, Barry) |
| Filing 235 REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC . . Document filed by Raymond James Markovich. (Attachments: #1 Affidavit Raymond J. Markovich, #2 Exhibit A - Email from Goldin, #3 Exhibit B - Email from Markovich).(Markovich, Raymond) |
| Filing 234 REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC . . Document filed by Picture Pro LLC..(Stillman, Philip) |
| Filing 233 MEMORANDUM OF LAW in Opposition re: #231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC . Memorandum of Law of Plaintiff Judgment /Creditor Arrowhead Capital Finance Ltd in Opposition to Intervenor PicturePro LLC's Improvident Motion to Quash Court-Authorized Subpoenas against Uncork'd Entertainment and PicturePro. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit in Support of Plaintiff/Judgment Creditor Arrowhead's Memorandum of Law, #2 Exhibit #12 Order, #3 Exhibit #13 Documents, #4 Exhibit #14 Operating Agreement, #5 Exhibit #15 Email, #6 Exhibit #16 Email, #7 Exhibit #17 Email exchange, #8 Exhibit #18 Email, #9 Exhibit #19 Email, #10 Errata #20 Email, #11 Exhibit #21 Declaration of Diligence).(Goldin, Barry) |
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Filing 232
ORDER: On May 26, 2020, the Court authorized Plaintiff to issue subpoenas to Intervenoe PicturePro LLC ("PPL") and Uncork'd Entertainment. (Dkt. #229). On June 19, 2020, PPL moved to quash the subpoenas. (Dkt. #231). Plaintiff is hereby ORDERED to respond to PPL's motion on or before July 6, 2020. SO ORDERED. Set Deadlines/Hearing as to #231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC . :( Responses due by 7/6/2020) (Signed by Judge Katherine Polk Failla on 6/22/2020) (rro)
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| Filing 231 MOTION to Quash Subpoenas issued to Uncork'd Entertainmnet LLC and Picture Pro LLC . Document filed by Picture Pro LLC. Return Date set for 7/15/2020 at 10:00 AM. (Attachments: #1 Memorandum of Law, #2 Declaration of Peter Hoffman).(Markovich, Raymond) |
| Filing 230 MOTION for Philip H. Stillman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Picture Pro LLC. (Attachments: #1 Affidavit Philip H. Stillman).(Markovich, Raymond) |
| Pro Hac Vice Fee Due: for #230 MOTION for Philip H. Stillman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (ad) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #230 MOTION for Philip H. Stillman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from California Supreme Court; the filing fee was not paid; The document is upside down;. Re-file the motion as a Corrected 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (ad) |
| Filing 229 MEMO ENDORSEMENT on re: #228 Letter, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: Application GRANTED. Plaintiff is hereby authorized to issue the subpoenas attached to this letter as Exhibits 10 and 11 to PicturePro LLC and Uncork'd Entertainment, respectively. (Signed by Judge Katherine Polk Failla on 5/26/2020) (mro) |
| Filing 228 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated May 25, 2020 re: Request for an Order (i) Holding Defendant Judgment Debtors Seven Arts Entertainment Inc and Seven Arts Filmed Entertainment Lousiana LLC and Their Principal Peter Hoffman in Contempt and (ii) Authorizing Judgment Creditor Arrowhead to Serve Document Subpoenas on and Obtain Documents from PicturePro LLC and Uncork'd Entertainment and exhibits thereto. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit #8 April 20 2020 Email, #2 Exhibit #9A March 20 2020 Order, #3 Exhibit #9B May 14 2020 Order, #4 Exhibit #10 Proposed Document Subpoena, #5 Exhibit #11 Proposed Document Subpoena).(Goldin, Barry) |
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Filing 227
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Barry L. Goldin dated 4/17/2020 re: By this letter, we request that you issue an order compelling defendants/judgment debtor Seven Arts Entertainment, Inc. and Seven Arts Filmed Entertainment Louisiana LLC to fully and completely answer the interrogatories and produce the documents sought in the March 10, 2020 post-judgment discovery in this action. ENDORSEMENT: Application GRANTED. Judgment debtors Seven Arts Entertainment, Inc. ("SAE") and Seven Arts Filmed Entertainment Louisiana LLC ("SAFELA") are hereby ORDERED to provide responses to Arrowhead's discovery demands contained in Exhibits 3 and 4 to the above letter, on or before May 22, 2020. Further, should Arrowhead wish to serve subpoenas on non-parties to this case, Arrowhead should make an application to the Court, which it will take under advisement. (Signed by Judge Katherine Polk Failla on 4/20/2020) (jwh)
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| Filing 226 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated April 17 2020 re: Request an Order Compelling Defendant Judgment Debtors to Provide Post-Judgment Discovery. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 1. Testimony, #2 Exhibit 2. Indemnification letter, #3 Exhibit 3. Enforcement discovery requests, #4 Exhibit 4. Enforcement discovery requests, #5 Exhibit 5. Document Subpoena, #6 Exhibit 6. Document Subpoena, #7 Exhibit 7A. Letter, #8 Exhibit 7B. Letter, #9 Exhibit 7C. Letter, #10 Exhibit 7D. Letter).(Goldin, Barry) |
| Filing 225 NOTICE of Substitution of Attorney. Old Attorney: Raymond J Markovich, New Attorney: Philip H Stillman, Address: Stillman & Associates, 3015 North Bay Road, Suite B, Miami Beach, FL, USA 33140, 888-235-4279. Document filed by Seven Arts Entertainment, Inc...(Markovich, Raymond) |
| Filing 224 Costs Taxed as to #223 USCA Mandate, USCA Case Number 17-1507-cv, in the amount of $341.90, on 8/23/2018 in favor of Appellee Arrowhead Capital Finance, Ltd. against Appellant Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (tp) |
| Filing 223 MANDATE of USCA (Certified Copy) as to #198 Notice of Appeal, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. USCA Case Number 17-1507-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/23/2018. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #223 USCA Mandate. (tp) |
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Filing 222
ORDER of USCA (Certified Copy) as to #198 Notice of Appeal, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. USCA Case Number 17-1507. By summary order dated May 30, 2018, this Court remanded the case to the district court for further proceedings pursuant to United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994). The summary order further stated that, within 30 days of a final judgment being entered by the district court, either party could reinstate the appeal by filing a letter with the Clerk of Court. On June 7, 2018, Appellee filed a letter requesting reinstatement. Upon consideration thereof, IT IS HEREBY ORDERED that the mandate is recalled and the appeal is reinstated. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 6/20/2018. (tp)
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Filing 221
JUDGMENT. NOW THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED, that Judgment is entered for plaintiff Arrowhead on the First Amended Complaint's First Cause of Action for declaratory judgment against defendant SAE, declaring (i) SAE assumed and is jointly and severally liable for PLC's obligations under the Arrowhead Note and (ii) SAE is also jointly and severally liable on the Arrowhead Note and on the State Court Judgment to the same extent as judgment debtor SAFE, and, pursuant thereto, SAE is jointly and severally liable to Arrowhead for and Arrowhead has judgment against SAE jointly and severally in the $2,496,159.50 amount of the State Court Judgment, plus interest accruing after October 10, 2012 entry of the State Court Judgment at the CPLR 5004 rate of 9% (nine percent) per annum through the date hereof; and it is further ORDERED, ADJUDGED AND DECREED, that Judgment is entered for plaintiff Arrowhead on and as set forth in the First Amended Complaint's Second Cause of Action for declaratory judgment against defendant SAFELA that SAFELA as a successor to and continuation of the business of SAP, PLC, SAFE and SAE is jointly and severally liable for all duties, liabilities and obligations of its predecessors SAP, PLC, SAFE and SAE (whether under the Arrowhead Note, Master Agreement, Financing and Security Agreements, related agreements, June 2012 Decision, October 2012 [State Court] Judgment, or otherwise); Arrowhead has valid, first priority, and superior Copyright Mortgages and security interests in the Collateral (as defined in the Master Agreement); and Arrowhead is entitled to enforce against SAFELA all Arrowhead's rights and remedies with respect to the Collateral (whether under the Arrowhead Note, Master Agreement, Financing and Security Agreements, related agreements, June 2012 Decision, October 2012 [State Court] Judgment, or otherwise); and pursuant thereto, SAFELA is jointly and severally liable to Arrowhead for and Arrowhead has judgment against SAFELA jointly and severally in the $2,496,159.50 amount of the State Court Judgment, plus interest accruing after October 10, 2012 entry of the State Court Judgment at the CPLR 5004 rate of 9% (nine per cent) per annum through the date hereof; and it is further ORDERED, ADJUDGED, AND DECREED, that all other causes of action (namely the Third through the Eighth Causes of Action) in Arrowhead's First Amended Complaint are deemed abandoned, without prejudice to Arrowhead's right to seek, obtain and enforce (i) post-judgment relief (including without limitation discovery, accounting, garnishment, attachment, turnover orders, or otherwise) under or with respect to this Judgment and any other orders and adjudications obtained or collateral securing and other rights for payment and satisfaction of obligations owing to Arrowhead, and/or (ii) other or further claims against or relief from any other persons or entities. (Signed by Judge Katherine Polk Failla on 6/5/2018) (Attachments: #(1) Appeal Pack) (rjm) (Main Document 221 replaced on 6/6/2018) (anc).
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Filing 220
MEMO ENDORSEMENT on re: #219 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated June 2, 2018 re: 2d Circuit Mandate. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. ENDORSEMENT: The Court is in receipt of the above letter and writes in response to Defendants' objections. The Court does not find that endorsing Plaintiff's proposed judgment would require amending the pleadings in this action; indeed, Defendants do not explain how this would be so aside from stating as such in a conclusory fashion. Plaintiff's proposed judgment simply explains the implications of the Court's prior orders in this matter. Accordingly, the Court shall adopt Plaintiff's proposed judgment under separate cover, and Defendants' request for a briefing schedule to address the Summary Order issued by the Court of Appeals is DENIED. So ordered. (Signed by Judge Katherine Polk Failla on 6/5/2018) (rjm)
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| Terminate Transcript Deadlines. (rjm) |
| Filing 219 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated June 2, 2018 re: 2d Circuit Mandate. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 218 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated May 31, 2018 re: Proposed Judgment in Response to Remand and Mandate of the Second Circuit Court of Appeals. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 217 RECALLED BY ORDER OF USCA Doc. #222 - MANDATE of USCA (Certified Copy) as to #198 Notice of Appeal, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. USCA Case Number 17-1507-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case is REMANDED to the district court, pursuant to United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), for further proceedings. Once the district court enters an appealable judgment, either party may reinstate the appeal by filing with the Clerk of Court, within 30 days, a letter, attaching a copy of the relevant judgment or supplemental order and requesting that the appeal be reinstated. Any reinstated appeal will be assigned to this panel. The mandate shall issue forthwith. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/30/2018. (nd) Modified on 6/20/2018 (tp). |
| Transmission of USCA Mandate to the District Judge re: #217 USCA Mandate,,,. (nd) |
| Filing 216 MEMO ENDORSEMENT on re: #215 Letter, filed by Arrowhead Capital Finance, Ltd.. ENDORSEMENT: Application GRANTED. Defendants' extension request (Dkt. #214) is DENIED insofar as it requests an extension of time to produce documents or other information available by the current discovery deadlines. If any requested documents or information are unavailable by the discovery deadline, Defendants must specify the interrogatory or document request to which they are unable to respond and provide a detailed reason why such discovery is unavailable. (Signed by Judge Katherine Polk Failla on 2/2/2018) (kgo) |
| Filing 215 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated February 2 2018 re: Opposing Request of Defendants/Judgment Debtors SAE and SAFELA for Another Six-Week Extension to Provide Court-Ordered Discovery. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 214 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 02/01/2018 re: Extension. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 213
MEMO ENDORSEMENT on re: #212 Letter, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: Application GRANTED in part. Defendants' objections identified in Plaintiff's January 2, 2018 letter are hereby OVERRULED and Defendants are ORDERED to fully and accurately respond to the discovery requests Plaintiff has identified in such letter. Defendants must so respond within 14 days from the date of this Endorsement. (Signed by Judge Katherine Polk Failla on 1/25/2018) (js)
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| Filing 212 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated January 24 2018 re: Continuing Disobedience by Defendants/judgment debtors SAE and SAFELA and Peter Hoffman of the Court's January 3 2018 Order. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 211 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 01/03/2018 re: Corrected For Case Number - Response to Plaintiff's January 2, 2018 Letter. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 210
MEMO ENDORSEMENT on re: #208 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 01/03/2018 re: Response to Plaintiff's January 2, 2018 Letter. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. ENDORSEMENT: The Court is in receipt of the parties' submissions regarding this attenuated post-judgment discovery dispute. Despite Defendants' letter, the Court understands Plaintiff's initial submission to be in accordance with the Court's previous order that the parties update the Court as to the status of discovery two weeks after the last conference in this case. Accordingly, Rule 37's requirements have no bearing on this matter. Accordingly, Defendants are hereby ORDERED to respond to Plaintiff's initial, January 2, 2018 letter. Specifically, Defendants shall respond to the itemized arguments presented in Exhibit XIII of Plaintiff's letter. Such response shall be due by January 17, 2018. Finally, given the incorrect case number in the subject line of this letter, the parties are ORDERED to file all documents in this matter with the correct case number. The Clerk of Court is ORDERED to file this Endorsement in Case Number 14 Civ. 6512. So ordered. (Signed by Judge Katherine Polk Failla on 1/3/2018) (rjm)
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| Filing 209 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated January 3, 2018 re: Arrowhead response to January 3, 2018 letter of Raymond Markovich. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 208 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 01/03/2018 re: Response to Plaintiff's January 2, 2018 Letter. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 207 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated January 2, 2018 re: Continuing Disobedience. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit VII: Transcript, #2 Exhibit VIII: Cinevisions Annual Return, #3 Exhibit IX: Kate Hoffman deposition pages, #4 Exhibit X: Judgment debtor discovery responses, #5 Exhibit XI: Document, #6 Exhibit XII: Discovery Responses, #7 Exhibit XIII: Document)(Goldin, Barry) |
| Filing 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 205 TRANSCRIPT of Proceedings re: conference held on 11/17/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rebecca Forman, (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 1/8/2018. Redacted Transcript Deadline set for 1/18/2018. Release of Transcript Restriction set for 3/19/2018.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 11/17/2017. (Court Reporter Rebecca Forman) (Lopez, Jose) |
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Filing 204
MEMO ENDORSED on re: #203 Letter, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: The Court is in receipt of the above letter and hereby ORDERS the parties to appear for a telephonic conference on November17, 2017, at 4:30 p.m. At that time, the parties shall, after consolidating their calls to a single telephone line, call the Court at (212) 805-0290. ( Telephone Conference set for 11/17/2017 at 4:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/7/2017) (js)
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| Filing 203 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated November 2, 2017 re: Requesting Leave to File a Motion to Compel Compliance with Post Judgment Enforcement Discovery Requests. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Letter to Judge Failla Nov 2 2017 Part 2, #2 Letter to Judge Failla Nov 2 2017 Part 3, #3 Letter to Judge Failla Nov 2 2017 Part 4)(Goldin, Barry) |
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Filing 202
OPINION AND ORDER: For the reasons outlined above, Defendants are therefore ORDERED to compensate Plaintiff for the $16,340.26 in reasonable expenses that Plaintiff incurred as a result of Defendants misconduct subsequent to December 15, 2015. Plaintiff's renewed motion for relief under Federal Rule of Civil Procedure 69 is GRANTED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 8/8/2017) (js)
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| Terminate Transcript Deadlines (js) |
| Filing 201 REPLY Notice of No Opposition to Affidavit of Barry L Goldin Esq as to Fees and Costs Incurred by Plaintiff as a Result of Defendants' Misconduct Subsequent to the Dec 15 2015 Contempt Hearing. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 200 REPLY to Response to Motion re: #197 MOTION Turnover and Attachment of Assets Of and Related Relief Against Defendants re: #195 Memorandum & Opinion,,, . Notice of No Opposition to Renewed Motion of Plaintiff for Turnover and Attachment of Assets of and Related Relief against Defendants. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Appeal Fee Payment: for #198 Notice of Appeal,. Filing fee $ 505.00, receipt number 0208-13701132. (Markovich, Raymond) |
| Filing 199 AFFIDAVIT of Barry L Goldin Esq As to Fees and Costs Incurred by Plaintiff Arrowhead as a Result of Defendants' Misconduct Subsequent to the Dec 15 2015 Contempt Hearing. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 1: Paid Invoice, #2 Exhibit 2: Paid Invoice, #3 Exhibit 3: Proof of Payment, #4 Exhibit 4: Proof of Payment)(Goldin, Barry) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #198 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #198 Notice of Appeal, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 198 NOTICE OF APPEAL from #153 Order,, #143 Memorandum & Opinion, Set Hearings,,,,,, #148 Order, #196 Clerk's Judgment,, #195 Memorandum & Opinion,,,. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Markovich, Raymond) |
| Filing 197 MOTION Turnover and Attachment of Assets Of and Related Relief Against Defendants re: #195 Memorandum & Opinion,,, . Document filed by Arrowhead Capital Finance, Ltd.. Return Date set for 5/16/2017 at 12:00 AM.(Goldin, Barry) |
| Filing 196 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 2, 2017, Plaintiff's motion to strike SAE's answer and to enter default judgment for Plaintiff is denied. Plaintiff's motion to strike SAFELA's answer and enter default judgment for Plaintiff is granted. Plaintiff's motion for turnover, attachment, and restraint is denied without prejudice. (Signed by Clerk of Court Ruby Krajick on 5/3/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
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Filing 195
OPINION AND ORDER re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants filed by Arrowhead Capital Finance, Ltd., #165 MOTION Turnover and Attachment of Assets and Related Relief filed by Arrowhead Capital Finance, Ltd. For the reasons outlined above, Plaintiff's motion to strike SAEs answer and to enter default judgment for Plaintiff is DENIED. Plaintiff's motion to strike SAFELA's answer and enter default judgment for Plaintiff is GRANTED. Plaintiff's motion for turnover, attachment, and restraint is DENIED WITHOUT PREJUDICE. The Clerk of Court is directed to terminate the motions pending at docket entries 165 and 176. (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 5/2/2017) (mro)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #195 Memorandum & Opinion, to the Judgments and Orders Clerk. (mro) |
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Filing 194
ORDER. For the reasons set forth in the remainder of this Order, the Court interprets Mr. Markovich's September 20, 2016 submission (Dkt. #144) as a motion for reconsideration, grants the motion in part, and withdraws that portion of the September 16 Opinion that imposed sanctions on Mr. Markovich personally. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/2/2017) (rjm)
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| Filing 193 REPLY MEMORANDUM OF LAW in Support re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants. . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 192 BRIEF Declaration of Raymond J. Markovich. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit A-B)(Markovich, Raymond) |
| Filing 191 BRIEF Reply to Dkt. 186-186-2. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 190 REPLY AFFIRMATION of Raymond J. Markovich in Opposition re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants.. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Errata A-B)(Markovich, Raymond) |
| Filing 189 REPLY MEMORANDUM OF LAW in Opposition re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants. . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 188 DECLARATION of Peter M. Hoffman in Opposition re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants.. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Markovich, Raymond) |
| Filing 187 MEMORANDUM OF LAW in Opposition re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants. . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 186 MEMORANDUM OF LAW in Opposition to February 13 2017 Supplemental Briefing by Defendants' Counsel Raymond Markovich as to Sanctions Against Him. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit Affidavit of Barry L Goldin Esq, #2 Exhibit 1: Business records and Checks)(Goldin, Barry) |
| Filing 185 AFFIDAVIT of Barry L Goldin Esq in Support re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants.. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 22: Business Records, #2 Exhibit 23A: Bank Statements, #3 Exhibit 23B: Bank Statements, #4 Exhibit 23C: Bank Statements, #5 Exhibit 23D: Bank Statements, #6 Exhibit 23E: Bank Statements, #7 Exhibit 23F: Bank Statements, #8 Exhibit 23G: Bank Statements, #9 Exhibit 24: Wire Transfer notices, #10 Exhibit 25: Documents, #11 Exhibit 26: Transfers from SAFELA, #12 Exhibit 27: Transfers from SAFELA, #13 Exhibit 28: Transfer of $25,000, #14 Exhibit 29: Transfers from SAFELA, #15 Exhibit 30: Transfers from SAFELA, #16 Exhibit 31: Wire Transfer fro SAFELA)(Goldin, Barry) |
| Filing 184 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 183 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/13/2017 before Judge Katherine Polk Failla. 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 3/17/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/25/2017.(McGuirk, Kelly) |
| Filing 182 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/18/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 181 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/18/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/17/2017.(McGuirk, Kelly) |
| Filing 180 BRIEF re: #162 Memorandum of Law in Opposition,,, . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Affidavit Raymond J. Markovich)(Markovich, Raymond) |
| Filing 179 BRIEF re: #162 Memorandum of Law in Opposition,,, . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 178 AFFIDAVIT of Barry L Goldin Esq in Support re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants.. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit #1 Letter, #2 Exhibit #2 Memorandum, #3 Exhibit #3 Transcript Pages, #4 Exhibit #4 Email, #5 Exhibit #5 Email, #6 Exhibit #6 A Transcript Page, #7 Exhibit #6 B Transcript Pages, #8 Exhibit #7 Email chains, #9 Exhibit #8 Transcript, #10 Exhibit #9 Email, #11 Exhibit #10 Deft. Response, #12 Exhibit #11 "meet and confer" letter, #13 Exhibit #12 Deft. Response, #14 Exhibit #13 "meet and confer" letter, #15 Exhibit #14 Letter, #16 Exhibit #15 Email, #17 Exhibit #16 Affidavit, #18 Exhibit #17 A Bank Stmts, #19 Exhibit #17 B Bank Stmts, #20 Exhibit #17 C Bank Stmts, #21 Exhibit #17 D Bank Stmts, #22 Exhibit #17 E Bank Stmts, #23 Exhibit #17 F Bank Stmts, #24 Exhibit #17 G Bank Stmts, #25 Exhibit #17 H Bank Stmts, #26 Exhibit #18 Check for $25K, #27 Exhibit #19 Checks, #28 Exhibit #20 SAE checks, #29 Exhibit #21 SAE checks)(Goldin, Barry) |
| Filing 177 MEMORANDUM OF LAW in Support re: #176 MOTION to Strike Document No. #52 and for Judgment Against Defendants. . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 176 MOTION to Strike Document No. #52 and for Judgment Against Defendants. Document filed by Arrowhead Capital Finance, Ltd.. Responses due by 3/10/2017 Return Date set for 3/24/2017 at 11:59 PM.(Goldin, Barry) |
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Filing 175
MEMO ENDORSEMENT on re: #174 Letter re: Agreed request for extension of time to file motion papers and related proposed order, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: Application GRANTED. (Motions due by 2/13/2017., Responses due by 3/10/2017, Replies due by 3/24/2017.) (Signed by Judge Katherine Polk Failla on 2/1/2017) (cla)
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| Filing 174 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated February 1 2017 re: Agreed request for extension of time to file motion papers and related proposed order. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 1/18/2017. (Court Reporter Karen Gorlaski) (Lopez, Jose) |
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Filing 173
ORDER: As outlined on the record in a telephonic conference held today, the parties are directed to adhere to the following briefing schedule: Each party must file its contemplated motion on or before February 3, 2017. Each party file its opposition to any motion by March 10, 2017. Each party must file its reply by March 24, 2017. The trial currently scheduled for March 6, 2017, and all associated filing deadlines and scheduled conferences, including but not limited to the pretrial conference on February 22, 2017, are hereby adjourned sine die. ( Motions due by 2/3/2017., Responses due by 3/10/2017, Replies due by 3/24/2017.) (Signed by Judge Katherine Polk Failla on 1/18/2017) (mro)
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| Filing 172 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 01/06/2017 re: Pre-submission letter. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Markovich, Raymond) |
| Filing 171 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated January 2, 2017 re: Pre submission notice requesting leave to file a Rule 37 motion. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Meet and Confer Letter re SAFELA, #2 Exhibit Meet and Confer Letter re SAE, #3 Exhibit Email, #4 Exhibit Hoffman email, #5 Exhibit Email, #6 Exhibit Jan 2 2017 email Part A, #7 Exhibit Jan 2 2017 email Part B)(Goldin, Barry) |
| Filing 170 AFFIDAVIT of Barry L Goldin Esq in Support re: #165 MOTION Turnover and Attachment of Assets and Related Relief .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 20: First Set of Enforcement Interrogatories, #2 Exhibit 21: Incomplete Response of Defendant, #3 Exhibit 22: Meet and Confer Letter, #4 Exhibit 23: Operating Agreement, #5 Exhibit 24: First Set of Enforcement Interrogatories, #6 Exhibit 25: Incomplete Response, #7 Exhibit 26: "Meet and Confer" letter)(Goldin, Barry) |
| Filing 169 REPLY MEMORANDUM OF LAW in Support re: #165 MOTION Turnover and Attachment of Assets and Related Relief . . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 168 MEMORANDUM OF LAW in Opposition re: #165 MOTION Turnover and Attachment of Assets and Related Relief . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 167 AFFIDAVIT of Barry L Goldin Esq in Support re: #165 MOTION Turnover and Attachment of Assets and Related Relief .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 1: Term Loan Promissory Note, #2 Exhibit 2: Master Agreement, #3 Exhibit 3: Judgment & Order, #4 Exhibit 4: Email chain, #5 Exhibit 5: Email chain, #6 Exhibit 6: Email from Kate Hoffman, #7 Exhibit 7: Email from Peter Hoffman, #8 Exhibit 8: Stock Certificate, #9 Exhibit 9: Form 13G, #10 Exhibit 10A: Transcript, #11 Exhibit 10B: Transcript, #12 Exhibit 10C: Transcript, #13 Exhibit 10D: Transcript, #14 Exhibit 10E: Transcript, #15 Exhibit 10F: Transcript, #16 Exhibit 10G: Transcript, #17 Exhibit 10H: Transcript, #18 Exhibit 11: Joint Letter, #19 Exhibit 12: Email, #20 Exhibit 13: Email, #21 Exhibit 14: Email, #22 Exhibit 15: Email, #23 Exhibit 16: Email, #24 Exhibit 17: Printout, #25 Exhibit 18: Printout, #26 Exhibit 19: Printouts)(Goldin, Barry) |
| Filing 166 MEMORANDUM OF LAW in Support re: #165 MOTION Turnover and Attachment of Assets and Related Relief . . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 165 MOTION Turnover and Attachment of Assets and Related Relief . Document filed by Arrowhead Capital Finance, Ltd.. Return Date set for 12/23/2016 at 11:59 PM.(Goldin, Barry) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Barry L. Goldin to RE-FILE Document #159 MOTION turnover and attachment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Raymond James Markovich to RE-FILE Document #163 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to filing error. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Barry L. Goldin to RE-FILE Document #164 Reply Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Reply Affidavit in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 164 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #159 MOTION turnover and attachment . . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit Reply Affidavit in Support of Motion, #2 Exhibit 20: First Set of Enforcement Interrogatories, #3 Exhibit 21: Incomplete Response of Defendant, #4 Exhibit 22: "Meet and Confer" letter, #5 Exhibit 23: Operating Agreement, #6 Exhibit 24: First Set of Enforcement Interrogatories, #7 Exhibit 25: Incomplete Response, #8 Exhibit 26: "meet and confer" letter)(Goldin, Barry) Modified on 12/28/2016 (ldi). |
| Filing 163 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #159 MOTION turnover and attachment . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) Modified on 12/28/2016 (ldi). |
| Filing 162 MEMORANDUM OF LAW in Opposition re: #160 Opposition Brief . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit Affidavit of Barry L Goldin Esq in Support of Memorandum of Law, #2 Exhibit 1A: Quarterly Report, #3 Exhibit 1B: Quarterly Report, #4 Exhibit 2: Form 8-K, #5 Exhibit 3: Engagement Letter, #6 Exhibit 4: SAE Press Release, #7 Exhibit 5: Press Release, #8 Exhibit 6: Printout, #9 Exhibit 7: SAE Press Releases, #10 Exhibit 8: Oct 1 2015 Press Release, #11 Exhibit 9: Copy of face page of Stock Cert, #12 Exhibit 10: December 2015 email chain, #13 Exhibit 11: Pertinent portions of Kate Hoffman deposition, #14 Exhibit 12: Sept 21 2015 letter to the Court, #15 Exhibit 13: Sept 24 2015 letter to the Court)(Goldin, Barry) |
| Filing 161 AFFIDAVIT OF SERVICE of Plaintiff's Notice of Motion, Memo of Law, Supporting Affidavit on December 2 2016. Service was made by mail. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Mail Receipts, #2 Exhibit Mail Receipts, #3 Exhibit Email printouts)(Goldin, Barry) |
| Filing 160 OPPOSITION BRIEF re: #143 Memorandum & Opinion, Set Hearings,,,,,, . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 159 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION turnover and attachment . Document filed by Arrowhead Capital Finance, Ltd.. Return Date set for 12/23/2016 at 11:59 PM. (Attachments: #1 Plaintiff Arrowhead's Memorandum of Law, #2 Affidavit of Barry L Goldin, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10 A, #13 Exhibit 10 B, #14 Exhibit 10 C, #15 Exhibit 10 D, #16 Exhibit 10 E, #17 Exhibit 10 F, #18 Exhibit 10 G, #19 Exhibit 10 H, #20 Exhibit 11, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15, #25 Exhibit 16, #26 Exhibit 17, #27 Exhibit 18, #28 Exhibit 19)(Goldin, Barry) Modified on 12/28/2016 (ldi). |
| Filing 158 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/2/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 157 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/2/2016 before Judge Katherine Polk Failla. 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 12/27/2016. Redacted Transcript Deadline set for 1/4/2017. Release of Transcript Restriction set for 3/3/2017.(McGuirk, Kelly) |
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Filing 156
MEMO ENDORSEMENT on re: #155 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 11/11/2016 re: Joint letter from all counsel concerning this Court's November 2, 2016 Order. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. ENDORSEMENT: The parties are hereby ORDERED to adhere to the schedule for exchanging documents that they have agreed to in this letter. Because this is the schedule that the parties themselves have devised, the Court does not expect to hear of issues with either party's adherence to it, nor will the Court entertain extension requests. If, upon receiving the documents described above, Plaintiff still wishes to move for an order of attachment, Plaintiff must do so on or before December 2, 2016. Defendants must file any opposition to Plaintiff's motion by December 16, 2016. Plaintiff may reply by December 23, 2016. So ordered. (Motions due by 12/2/2016. Responses due by 12/16/2016. Replies due by 12/23/2016.) (Signed by Judge Katherine Polk Failla on 11/15/2016) (rjm)
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| Filing 155 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 11/11/2016 re: Joint letter from all counsel concerning this Court's November 2, 2016 Order. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 154
ORDER: The parties shall adhere to the following schedule: On or before November 11, 2016, the parties will apprise the Court of their positions with regard to the entry of an Order of Attachment. On or before December 2, 2016, Defense Counsel will provide supplemental briefing concerning the entry of sanctions against him. Plaintiff must file any response to Defense Counsel's supplemental briefing by December 16, 2016. The bench trial in this case will begin on March 6, 2017, at 9:00 AM, in Room 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, 10007. Accordingly the parties must submit the joint pretrial order, any motions in limine, any pretrial briefs, proposed findings of fact and conclusions of law, and all other materials identified in Paragraph 7 of the Court's Individual Rules of Practice in Civil Cases by February 6, 2017. Any opposition to any motions in limine will be due on February 13, 2017. The parties must appear for a final pretrial conference on February 22, 2017, at 3:00 PM, in room 618 of the Thurgood Marshall Courthouse. ( Brief due by 2/6/2017., Motions due by 2/6/2017., Pretrial Order due by 2/6/2017., Responses due by 2/13/2017, Bench Trial set for 3/6/2017 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla., Final Pretrial Conference set for 2/22/2017 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/2/2016) (mro)
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Filing 153
ORDER: For the reasons set forth in the record during the conference held on November 2, 2016, and further to the Court's prior Opinion and Order in which it found that sanctions were warranted against Defendants for certain conduct specified in that Opinion and Order (Dkt. #143), the Court awards (i) attorney's fees in the amount of $13,675, reflecting 54.7 hours at a rate of $250 per hour, and (ii) costs in the amount of $1,997.82, for a total award of $15,672.82. (Signed by Judge Katherine Polk Failla on 11/2/2016) (mro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 11/2/2016. (Court Reporter Alena Lynch) (Lopez, Jose) |
| Filing 152 MEMO ENDORSEMENT on re: #151 Letter filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. ENDORSEMENT: Application GRANTED. The conference currently scheduled for October 20, 2016, is hereby adjourned to Wednesday, November 2, 2016, at 9:00 AM. ( Status Conference set for 11/2/2016 at 09:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/17/2016) (mro) |
| Filing 151 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 10/17/2016 re: Request for Adjournment. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 150 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 10/17/2016 re: Request for Adjournment. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 149 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 10/12/2016 re: Affirmation - Could not find correct filing event. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 148
ORDER: On September 28, 2016, the Court received Mr. Barry L. Goldin's Affidavit outlining the fees and costs incurred by Plaintiff Arrowhead with regard to which the Court issued sanctions against Defendants and Defendants' counsel on September 16, 2016. (Dkt. # 146). If Defendants wish to respond to Mr. Goldin's Affidavit, they are hereby directed to do on or before October 12, 2016. (Signed by Judge Katherine Polk Failla on 10/3/2016) (mro)
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| Filing 147 AFFIDAVIT of Barry L Goldin Esquire in Support re: #143 Memorandum & Opinion, Set Hearings,,,,,,. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 146 AFFIDAVIT of Barry L Goldin Esquire re: #143 Memorandum & Opinion, Set Hearings,,,,,, . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 145 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esquire dated September 21, 2016 re: Plaintiff Arrowhead's response to Raymond Markovich pre-submission notice. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 144 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 09/20/2016 re: Pre-Motion Submission. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 143
OPINION AND ORDER re: #98 MOTION for Summary Judgment filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc., #110 MOTION for Summary Judgment filed by Arrowhead Capital Finance, Ltd. For the foregoing reasons, Plaintiffs motion for summary judgment is GRANTED IN PART and DENIED IN PART, and Defendants motion is DENIED in its entirety. The Clerk of Court is directed to terminate docket entries 98 and 110. The Court also ORDERS sanctions in accordance with pages 39-40, 50, and 53 of this Opinion. In addition, the parties are ORDERED to appear for a conference on Thursday, October 20, 2016, at 10:00 a.m., in Courtroom 618 of the Thurgood Marshall U.S. Courthouse, at which time a trial will be scheduled in this matter. ( Status Conference set for 10/20/2016 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/16/2016) (cla)
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| Filing 142 AFFIDAVIT of Katrin Hoffman in Support re: #98 MOTION for Summary Judgment .. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit X, #2 Exhibit Y)(Markovich, Raymond) |
| Filing 141 REPLY MEMORANDUM OF LAW in Support re: #98 MOTION for Summary Judgment . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 140 REPLY MEMORANDUM OF LAW in Support re: #98 MOTION for Summary Judgment . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 139 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 84: Mar 8 2016 Ltr, #2 Exhibit 85: Mar 16 2016 authorization letter)(Goldin, Barry) |
| Filing 138 REPLY MEMORANDUM OF LAW in Support re: #110 MOTION for Summary Judgment . . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 137 AFFIDAVIT of Barry L Goldin Esq in Opposition re: #98 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 65: Printout, #2 Exhibit 66: Printout, #3 Exhibit 67: Articles of Incorporation, #4 Exhibit 68: Operating Agreement, #5 Exhibit 69: Printout, #6 Exhibit 70: Copyright Mortgage, #7 Exhibit 71: Letter to Max Drake Esq, #8 Exhibit 72: Email, #9 Exhibit 73: Email, #10 Exhibit 74: Letter, #11 Exhibit 75: Notice of Cross Motion, #12 Exhibit 76: Cover page, #13 Exhibit 77: Distribution statement, #14 Exhibit 78: Email, #15 Exhibit 79: Letter, #16 Exhibit 80: Order, #17 Exhibit 81: Letter, #18 Exhibit 82: "meet and confer" letter, #19 Exhibit 83: response of defendants)(Goldin, Barry) |
| Filing 136 COUNTER STATEMENT TO #100 Rule 56.1 Statement. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 135 MEMORANDUM OF LAW in Opposition re: #98 MOTION for Summary Judgment . . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 134 COUNTER STATEMENT TO #112 Rule 56.1 Statement. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 133 AFFIDAVIT of Katrin Hoffman in Opposition re: #110 MOTION for Summary Judgment .. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3 Part 1, #4 Exhibit Ex. 3 Part 2, #5 Exhibit Ex. 4)(Markovich, Raymond) |
| Filing 132 MEMORANDUM OF LAW in Opposition re: #110 MOTION for Summary Judgment . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 131 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 02/24/2016 re: Reply to pre-motion letter. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 130 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 02/24/2016 re: Reply to pre-motion letter. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 129 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated February 20 2016 re: Request for Rule 37 sanctions. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit #1: Feb 9 2016 "meet and confer" letter, #2 Exhibit #2: February 17 2016 email, #3 Exhibit #3: Distribution Statement)(Goldin, Barry) |
| Filing 128 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 59: exchange of emails, #2 Exhibit 60: email, #3 Exhibit 61: Press Release, #4 Exhibit 62: Form 13G of SAE, #5 Exhibit 63: Transcript Excerpts, #6 Exhibit 64: "Financial Times" Article)(Goldin, Barry) |
| Filing 127 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 52: email exchanges, #2 Exhibit 53: email exchange, #3 Exhibit 54: email, #4 Exhibit 55: email exchanges, #5 Exhibit 56: email, #6 Exhibit 57: Statements, #7 Exhibit 58: Library Revenue)(Goldin, Barry) |
| Filing 126 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 39: Distribution Agreements, #2 Exhibit 39A: Distribution Agreements, #3 Exhibit 39B: Distribution Agreements, #4 Exhibit 39C: Distribution Agreements, #5 Exhibit 39D: Distribution Agreements, #6 Exhibit 39E: Distribution Agreements, #7 Exhibit 39F: Distribution Agreements, #8 Exhibit 39G: Distribution Agreements, #9 Exhibit 39H: Distribution Agreements, #10 Exhibit 39I: Distribution Agreements, #11 Exhibit 39J:Distribution Agreements, #12 Exhibit 39K: Distribution Agreements, #13 Exhibit 40: 2/20/14 Memorandum, #14 Exhibit 41: Notice of Motion, #15 Exhibit 42: Exchange of Emails, #16 Exhibit 42A: Exchange of Emails, #17 Exhibit 43: Promissory Note, #18 Exhibit 44: Pledge Agreement, #19 Exhibit 45: Transfer Power, #20 Exhibit 46: Certificate, #21 Exhibit 47: Promissory Note, #22 Exhibit 48: Email, #23 Exhibit 49: Guaranty, #24 Exhibit 50: Emails, #25 Exhibit 51: email exchange)(Goldin, Barry) |
| Filing 125 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 27: Pages of Form 8-K, #2 Exhibit 28: Pages from Amendment No 1, #3 Exhibit 29: Pages from Form 10-K, #4 Exhibit 30: Asset Transfer, #5 Exhibit 31: Report, #6 Exhibit 32: Statement, #7 Exhibit 33: Exchange Rates, #8 Exhibit 34: Order and Judgment, #9 Exhibit 35: Contempt adjudication, #10 Exhibit 36: Memorandum, #11 Exhibit 37: Decision 11/1/12, #12 Exhibit 38: Decision 8/8/13)(Goldin, Barry) |
| Filing 124 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 16: 11/9/10 press release, #2 Exhibit 17: 11/19/10 letter, #3 Exhibit 18: 2/25/11 letter, #4 Exhibit 19: 5/9/11 Letter, #5 Exhibit 20: 4/30/12 Receiver's Report, #6 Exhibit 21: Questionnaire, #7 Exhibit 21A: Questionnaire, #8 Exhibit 22: 9/24/14 email, #9 Exhibit 23: Emails, #10 Exhibit 24: Report, #11 Exhibit 25: Notice, #12 Exhibit 26: Form20-F/A of SAE, #13 Exhibit 26A: Form20-F/A of SAE, #14 Exhibit 26B: Form20-F/A of SAE, #15 Exhibit 26C: Form20-F/A of SAE, #16 Exhibit 26D: Form20-F/A of SAE)(Goldin, Barry) |
| Filing 123 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 13: Notice, #2 Exhibit 14: Certificate, #3 Exhibit 15: Amendment No 4, #4 Exhibit 15A: Amendment No 4, #5 Exhibit 15B: Amendment No 4, #6 Exhibit 15C: Amendment No 4, #7 Exhibit 15D: Amendment No 4, #8 Exhibit 15E: Amendment No 4, #9 Exhibit 15F: Amendment No 4, #10 Exhibit 15G: Amendment No 4, #11 Exhibit 15H: Amendment No 4, #12 Exhibit 15I: Amendment No 4, #13 Exhibit 15J: Amendment No 4, #14 Exhibit 15K: Amendment No 4)(Goldin, Barry) |
| Filing 122 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 9: Transcript, #2 Exhibit 9A: Transcript, #3 Exhibit 10: Transcript, #4 Exhibit 10A: Transcript, #5 Exhibit 10B: Transcript, #6 Exhibit 10C: Transcript, #7 Exhibit 10D: Transcript, #8 Exhibit 10E: Transcript, #9 Exhibit 11: Memorandum, #10 Exhibit 12: Asset Transfer)(Goldin, Barry) |
| Filing 121 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 59: Exchange of emails, #2 Exhibit 60: email, #3 Exhibit 61: Press Release, #4 Exhibit 62: Form 13G of SAE, #5 Exhibit 63: Transcript excerpts, #6 Exhibit 64: "Financial Times" article)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 120 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 52: Email exchanges, #2 Exhibit 53: email exchange, #3 Exhibit 54: email, #4 Exhibit 55: email exchange, #5 Exhibit 56: email, #6 Exhibit 57: Statements, #7 Exhibit 58: Library Revenue)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 119 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 39: Agreement, #2 Exhibit 39A: Agreement, #3 Exhibit 39B: Agreement, #4 Exhibit 39C: Agreement, #5 Exhibit 39D: Agreement, #6 Exhibit 39E: Agreement, #7 Exhibit 39F: Agreement, #8 Exhibit 39G: Agreement, #9 Exhibit 39H: Agreement, #10 Exhibit 39I: Agreement, #11 Exhibit 39J: Agreement, #12 Exhibit 39K: Agreement, #13 Exhibit 40: 2/20/14 Memorandum, #14 Exhibit 41: Notice of Motion, #15 Exhibit 42: Exchange of emails, #16 Exhibit 43: Promissory Note, #17 Exhibit 44: Pledge Agreement, #18 Exhibit 45: Transfer Power, #19 Exhibit 46: Certificate, #20 Exhibit 47: Promissory Note, #21 Exhibit 48: 7/23/14 email, #22 Exhibit 49: Guaranty, #23 Exhibit 50: Emails, #24 Exhibit 51: Email exchanges)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 118 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 27: Pages of Form 8-K, #2 Exhibit 28: Pages Amendment No 1, #3 Exhibit 29: Pages from Form 10-K, #4 Exhibit 30: Asset Transfer, #5 Exhibit 31: Report, #6 Exhibit 32: Statement, #7 Exhibit 33: Exchange Rates, #8 Exhibit 34: Order and Judgment, #9 Exhibit 35: Contempt Adjudication, #10 Exhibit 36: Memorandum Decision, #11 Exhibit 37: Decision 11/1/12, #12 Exhibit 38: Decision 8/8/13)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 117 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 16: 11/9/10 press release, #2 Exhibit 17: 11/19/20 letter, #3 Exhibit 18: 2/25/11 letter, #4 Exhibit 19: 5/9/11 Letter, #5 Exhibit 20: Receiver's report, #6 Exhibit 21: Questionnaire, #7 Exhibit 21A: Questionnaire, #8 Exhibit 22: Email, #9 Exhibit 23: emails, #10 Exhibit 24: Report, #11 Exhibit 25: Notice, #12 Exhibit 26: Form, #13 Exhibit 26A: Form, #14 Exhibit 26B: Form, #15 Exhibit 26C: Form, #16 Exhibit 26D: Form)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 116 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 13: Notice, #2 Exhibit 14: Certificate, #3 Exhibit 15: Amendment No 4, #4 Exhibit 15A: Amendment No 4, #5 Exhibit 15B:Amendment No 4, #6 Exhibit 15C: Amendment No 4, #7 Exhibit 15D: Amendment No 4, #8 Exhibit 15E: Amendment No 4, #9 Exhibit 15F: Amendment No 4, #10 Exhibit 15G: Amendment No 4, #11 Exhibit 15H: Amendment No 4, #12 Exhibit 15I: Amendment No 4, #13 Exhibit 15J: Amendment No 4, #14 Exhibit 15K: Amendment No 4)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 115 FILING ERROR - DUPLICATE DOCUMENT - AFFIDAVIT in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 9:Transcript, #2 Exhibit 9A: Transcript, #3 Exhibit 10: Transcript, #4 Exhibit 10A: Transcript, #5 Exhibit 10B: Transcript, #6 Exhibit 10C: Transcript, #7 Exhibit 10D: Transcript, #8 Exhibit 10E: Transcript, #9 Exhibit 11: Memorandum, #10 Exhibit 12: Asset Transfer)(Goldin, Barry) Modified on 2/4/2016 (db). |
| Filing 114 AFFIDAVIT of Barry L Goldin Esq in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit Part B Affidavit of Barry L Goldin Esq, #2 Exhibit 8: Transcript, #3 Exhibit 8A: Transcript, #4 Exhibit 8B: Transcript, #5 Exhibit 8C: Transcript)(Goldin, Barry) |
| Filing 113 AFFIDAVIT of W William Woods in Support re: #110 MOTION for Summary Judgment .. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit 1: Secured Subordinated Term Loan Promissory Note, #2 Exhibit 2: Master Agreement, #3 Exhibit 3: Pledge Agreement, #4 Exhibit 4: Summons and Complaint, #5 Exhibit 5: Borrowers' Response, #6 Exhibit 6: Borrowers' Response, #7 Exhibit 7: Oct 7 2013 decision)(Goldin, Barry) |
| Filing 112 RULE 56.1 STATEMENT. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 111 MEMORANDUM OF LAW in Support re: #110 MOTION for Summary Judgment . . Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 110 MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. Responses due by 3/4/2016 Return Date set for 3/18/2016 at 10:00 AM.(Goldin, Barry) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Barry L. Goldin to RE-FILE Document #96 MOTION for Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. ***REMINDER*** - When refiling the Affidavit in Support of Motion, make sure to add ALL ATTACHMENTS filed as documents 97, 101, 103, 105-109. (db) |
| Filing 109 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 55 May and June 2015 email exchanges, #2 Exhibit Exhibit 56 Oct 2015 email from Keith Leopard, #3 Exhibit Exhibit 57 Participation Statements through April 30 2013, #4 Exhibit Exhibit 58 Library Revenue with respect to Arrowhead Film Collateral, #5 Exhibit Exhibit 59 Dec 2015 exchange of emails between Peter Hoffmand and Kate Hoffman, #6 Exhibit Exhibit 60 Dec 16 2015 email from Kate Hoffman to Peter Hoffman, #7 Exhibit Exhibit 61 Oct 1 2015 Press Release, #8 Exhibit Exhibit 62 Form13G of SAE (aka WCI), #9 Exhibit Exhibit 63 Excerpts from the transcript of March 11 2015 contempt proceeding, #10 Exhibit Exhibit 64 Jan 6 2016 article in the "Financial Times")(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 108 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 42 July 2-3 2014 Exchange of Emails, #2 Exhibit Exhibit 42A July 2-3 2014 Exchange of Emails, #3 Exhibit Exhibit 43 Convertible Promissory Note, #4 Exhibit Exhibit 44 Pledge Agreement, #5 Exhibit Exhibit 45 Transfer Power, #6 Exhibit Exhibit 46 Membership Unit certificate No.s 1 & 2, #7 Exhibit Exhibit 47 Convertible Promissory Note, #8 Exhibit Exhibit 48 July 23 2014 email from Kate Hoffman, #9 Exhibit Exhibit 49 Guaranty and Personal Undertaking by Peter Hoffman, #10 Exhibit Exhibit 50 August and Sept 2014 emails, #11 Exhibit Exhibit 51 Dec 3-5 2014 email exchanges, #12 Exhibit Exhibit 52 Nov and Dec 2014 email exchanges, #13 Exhibit Exhibit 53 March 25 2015 email exchange, #14 Exhibit Exhibit 54 April 28 2015 email from Kate Hoffman)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 107 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 37 Decision dtd Nov 1 2012, #2 Exhibit Exhibit 38 Decision dtd Aug 8 2013, #3 Exhibit Exhibit 39 Distribution Agreements, #4 Exhibit Exhibit 39A Distribution Agreements, #5 Exhibit Exhibit 39B Distribution Agreements, #6 Exhibit Exhibit 39C Distribution Agreements, #7 Exhibit Exhibit 39D Distribution Agreements, #8 Exhibit Exhibit 39E Distribution Agreements, #9 Exhibit Exhibit 39F Distribution Agreements, #10 Exhibit Exhibit 39G Distribution Agreements, #11 Exhibit Exhibit 39H Distribution Agreements, #12 Exhibit Exhibit 39I Distribution Agreements, #13 Exhibit Exhibit 39J Distribution Agreements, #14 Exhibit Exhibit 39K Distribution Agreements, #15 Exhibit Exhibit 40 Feb 20 2014 Cover Memorandum, #16 Exhibit Exhibit 41 Notice of Motion filed May 14 2014)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 106 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 26 Form 20-F/A of SAE, #2 Exhibit Exhibit 26A Form 20-F/A of SAE, #3 Exhibit Exhibit 26B Form 20-F/A of SAE, #4 Exhibit Exhibit 26C Form 20-F/A of SAE, #5 Exhibit Exhibit 26D Form 20-F/A of SAE, #6 Exhibit Exhibit 27 Pages of Form 8-K, #7 Exhibit Exhibit 28 Pages from Amendment No 1 for Form 10-K/A, #8 Exhibit Exhibit 29 Pages from Form 10-K of SAE, #9 Exhibit Exhibit 30 Asset Transfer Agreement, #10 Exhibit Exhibit 31 Report for the adjourned first statutory meeting of SAFE, #11 Exhibit Exhibit 32 Statement of Company's Affairs, #12 Exhibit Exhibit 33 Representative Exchange Rates for Selected Curencies, #13 Exhibit Exhibit 34 Order and Judgment Confirming the IFTA Awards, #14 Exhibit Exhibit 35 Contempt adjudication dated Feb 28 2008, #15 Exhibit Exhibit 36 Memorandum Decision Filed Feb 12 2009)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 105 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 16 Nov 9 2010 press release, #2 Exhibit Exhibit 17 Nov 19 2010 letter from Peter Hoffman to the SEC, #3 Exhibit Exhibit 18 Feb 25 2011 letter from Randall Katz Esq, #4 Exhibit May 9 2011 letter from Randall Katz Esq, #5 Exhibit Exhibit 20 April 30 2012 Deputy Official Receiver's Report, #6 Exhibit Exhibit 21 Company Officer Preliinary Information Questionnaire, #7 Exhibit Exhibit 21A Company Officer Preliinary Information Questionnaire, #8 Exhibit Exhibit 22 Sept 24 2014 Email from Arrowhead's Atty Barry L Goldin, #9 Exhibit Exhibit 23 Oct 23 and Nov 2 2014 emails from Arrowhead's attorney Barry L Goldin, #10 Exhibit Exhibit 24 Report of Liquidator Rimes, #11 Exhibit Exhibit 25 Notice of Final Report and Motion to Close Case)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 104 DECLARATION of Raymond J. Markovich in Support re: #98 MOTION for Summary Judgment .. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E)(Markovich, Raymond) |
| Filing 103 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 13 Notice of Extraordinary General Meeting of Shareholders, #2 Exhibit Exhibit 14 Certificate signed by Kate Hoffman, #3 Exhibit Exhibit 15 Amendment No 4 to Form F-1, #4 Exhibit Exhibit 15A Amendment No 4 to Form F-1, #5 Exhibit Exhibit 15B Amendment No 4 to Form F-1, #6 Exhibit Exhibit 15C Amendment No 4 to Form F-1, #7 Exhibit Exhibit 15D Amendment No 4 to Form F-1, #8 Exhibit Exhibit 15E Amendment No 4 to Form F-1, #9 Exhibit Exhibit 15F Amendment No 4 to Form F-1, #10 Exhibit Exhibit 15G Amendment No 4 to Form F-1, #11 Exhibit Exhibit 15H Amendment No 4 to Form F-1, #12 Exhibit Exhibit 15I Amendment No 4 to Form F-1, #13 Exhibit Exhibit 15J Amendment No 4 to Form F-1, #14 Exhibit Exhibit 15K Amendment No 4 to Form F-1)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 102 AFFIDAVIT of Kate Hoffman in Support re: #98 MOTION for Summary Judgment .. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B - Part 1, #3 Exhibit Ex. B - Part 2, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E1, #7 Exhibit Ex. E2, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H, #11 Exhibit Ex. I, #12 Exhibit Ex. J, #13 Exhibit Ex. K, #14 Exhibit Ex. L, #15 Exhibit Ex. M, #16 Exhibit Ex. N)(Markovich, Raymond) |
| Filing 101 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 7 Oct 17 2013 decision of the First Appellate Department, #2 Exhibit Exhibit 8 Transcript of Nov 13 2015 deposition of Kate Hoffman, #3 Exhibit Exhibit 8A Transcript of Nov 13 2015 deposition of Kate Hoffman, #4 Exhibit Exhibit 8B Transcript of Nov 13 2015 deposition of Kate Hoffman, #5 Exhibit Exhibit 8C Transcript of Nov 13 2015 deposition of Kate Hoffman, #6 Exhibit Exhibit 9 Transcript of Oct 21 2015 deposition of Linda Silverthorn, #7 Exhibit Exhibit 9A Transcript of Oct 21 2015 deposition of Linda Silverthorn, #8 Exhibit Exhibit 10 Transcript of Dec 15 2015 contempt hearing, #9 Exhibit Exhibit 10A Transcript of Dec 15 2015 contempt hearing, #10 Exhibit Exhibit 10B Transcript of Dec 15 2015 contempt hearing, #11 Exhibit Exhibit 10C Transcript of Dec 15 2015 contempt hearing, #12 Exhibit Exhibit 10D Transcript of Dec 15 2015 contempt hearing, #13 Exhibit Exhibit 10E Transcript of Dec 15 2015 Contempt Hearing, #14 Exhibit Exhibit 11 July 9 2003 Memo from Kate Hoffman, #15 Exhibit Exhibit 12 Asset Transfer Agreement dtd as of May 14 2010)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 100 RULE 56.1 STATEMENT. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 99 MEMORANDUM OF LAW in Support re: #98 MOTION for Summary Judgment . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 98 MOTION for Summary Judgment . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 97 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Exhibit Exhibit 1 Secured Subordinated Term Loan Promissory Note, #2 Exhibit Exhibit 2 Master Agreement, #3 Exhibit Exhibit 3 Pledge Agreement, #4 Exhibit Exhibit 4 Summons and Complaint filed May 10 2010, #5 Exhibit Exhibit 5 Borrowers' Response and Objections, #6 Exhibit Exhibit 6 Borrower's Response and Objections)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 96 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Arrowhead Capital Finance, Ltd.. Responses due by 3/4/2016 Return Date set for 3/18/2016 at 10:00 AM. (Attachments: #1 Plaintiff Arrowhead's Memorandum of Law, #2 Arrowhead's Statement of Undisputed Facts, #3 Affidavit Affidavit of W William Wood, #4 Affidavit Part A Affidavit of Barry L Goldin Esq, #5 Affidavit Part B Affidavit of Barry L Goldin Esq)(Goldin, Barry) Modified on 2/3/2016 (db). |
| Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 12/15/15 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) |
| Filing 94 TRANSCRIPT of Proceedings re: HEARING held on 12/15/2015 before Judge Katherine Polk Failla. 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 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(McGuirk, Kelly) |
| Filing 93 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 12/19/2015 re: Response to Mr. Goldin's 123 page letter and exhibits dated December 17, 2015. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 92 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esquire dated December 17 2015 re: Ltr as to and accompanying Dec 4 2015 decision of Judge Kornreich and testimony of Peter Ronayne of Share Registrars Ltd (transfer agent for Seven Arts Pictures Plc) and exhibits thereto. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Part 2 Ltr dtd Dec 17 2015 from Atty Goldin to Judge Failla, #2 Part 3 Ltr dtd Dec 17 2015 from Atty Goldin to Judge Failla, #3 Part 4 Ltr dtd Dec 17 2015 from Atty Goldin to Judge Failla, #4 Part 5 Ltr dtd Dec 17 2015 from Atty Goldin to Judge Failla, #5 Part 6 Ltr dtd Dec 17 2015 from Atty Goldin to Judge Failla, #6 Part 7 Ltr dtd Dec 17 2015 from Atty Goldin to Judge Failla)(Goldin, Barry) |
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Filing 91
ORDER: By January 8, 2016, Plaintiff must identify the additional discovery from Defendants to which Plaintiff believes it is entitled. By January 29, 2016, Defendants must produce the discovery materials that Plaintiff requests or: (i) explain with specificity the efforts made to locate those materials; and (ii) explain with specificity why the materials are not being produced. In light of Mr. Hoffman's testimony on December 15, 2015, the Court expects that Defendants will make every effort to help Plaintiff obtain discovery materials from third parties. The parties must complete their discovery by February 15, 2016. In addition, the parties must adhere to the following briefing schedule: The parties' respective opening briefs in their cross-motions for summary judgment must be submitted by February 1, 2016. Any opposition to the motions for summary judgment must be submitted by March 4, 2016. Any replies must be submitted by March 18, 2016. In preparing and responding to the contemplated motions for summary judgment, the parties are reminded to follow Rule 5 of the Court's Individual Rules of Practice in Civil Cases. Cross Motions due by 2/1/2016. Responses due by 3/4/2016. Replies due by 3/18/2016. Discovery due by 2/15/2016. (Signed by Judge Katherine Polk Failla on 12/16/2015) (tn)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Contempt Hearing held on 12/15/2015. (Court Reporter Vincent Bologna & Thomas Murray) (Lopez, Jose) |
| Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/12/15 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) |
| Filing 89 TRANSCRIPT of Proceedings re: CONFERECE held on 11/12/2015 before Judge Katherine Polk Failla. 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 1/7/2016. Redacted Transcript Deadline set for 1/17/2016. Release of Transcript Restriction set for 3/16/2016.(McGuirk, Kelly) |
| Filing 88 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 12/11/2015 re: Improper Letter from Attorney Goldin. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 87 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated December 11, 2015 re: Affidavit of Barry L Goldin and certain attached documents recently produced by non-party witnesses (relevant to upcoming contempt proceedings as to Peter Hoffman). Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Oct 28 2015 ltr from the NYS Dept of Taxation and Finance, #2 Chain of emails from June 17 thru 20, 2011 from and to Kate Hoffman, #3 Chain of emails from Aug 2 thru 5 2011 and and from Kate Hoffman, #4 Chain of emails from Oct 10 thru 14, 2011 to and with Peter Hoffman and Kate Hoffman, #5 Chain of emails from Nov 26 thru 29 2011 to and with Peter Hoffman and Kate Hoffman, #6 Chain of emails from Nov 23 thru 29 2011 and with Peter Hoffman and Kate Hoffman, #7 Chain of Apr 23 2012 emails to and from Kate Hoffman, #8 Chain of emals from Nov 5 thru 112 2012 to and from Kate Hoffman, #9 Aug 21 2013 email from Kate Hoffman forwarded to Theodore Taylor of Schedule 2, #10 April 9 2014 chain of emails t, from, and with Kate Hoffman, #11 April 17 2014 chain of emails to, from, and with Kate Hoffman, #12 April 17 2014 chair of emails to, from, and with Kate Hoffman, #13 July 12 2015 Schedule 2 "Delivery Reports", #14 Sept 23 2015 email and earlier emails from Schedule 2 to Kate Hoffman, #15 Agreement dtd Sept 15 2015 between Kate Hoffman Hedman and SAFELA Inc, #16 Stock Cert dtd Sept 21 2015 to Wireless Connect Inc for 6;,750 Preferred Shs of The Movie Studio Inc)(Goldin, Barry) |
| Filing 86 MEMO ENDORSEMENT on re: #85 Letter, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. ENDORSEMENT: Defendants' request to strike Mr. Goldin's letters from the record is DENIED. The Court is confident in its ability to read Mr. Goldin's letters without becoming unduly prejudiced toward Defendants. The Court will take judicial notice of the existence and status of the bankruptcy proceedings and the criminal proceedings described in Mr. Goldin's letters. At this time, however, the Court expresses no view on the merits or the preclusive effect of any decisions rendered in other jurisdictions. (Signed by Judge Katherine Polk Failla on 12/11/2015) (mro) |
| Filing 85 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 12/10/2015 re: Improper Letters from Attorney Goldin. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 84 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated December 10 2015 re: Plaintiff Arrowhead's Request for Judicial Notice of December 9 2015 Order of the U.S. District Court for the Eastern District of Louisiana denying Peter Hoffman's dismissal motion as to his conviction on felony counts 1, 6 and 8 through 21. Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Part 2 of Dec 10 2015 Letter from Barry Goldin Esq to Judge Failla)(Goldin, Barry) |
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Filing 83
ORDER: Plaintiff Arrowhead Capital Finance, Ltd.'s request to lake judicial notice of the November 23, 2015 Order of the United States Bankruptcy Court for the Eastern District of Louisiana in the Seven Arts Pictures pic Chapter 15 Bankruptcy Case and the related November 23, 2015 Certificate of Service of that Order [Case No. 12-11187. Doc.s No. 87 & 88, entitled "Order Closing Case Pursuant to Bankruptcy Rule 5009(c)" and related "Certificate of Service"] accompanying the December 9, 2015 letter to this Court of Barry L. Goldin, Esq., is GRANTED. (Signed by Judge Katherine Polk Failla on 12/10/2015) (kko)
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| Filing 82 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated December 9 2015 re: Plaitiff Arrowhead requesting Judicial Notice of November 23, 2015 Order of the U.S. Bankruptcy Court Closing the Seven Arts Pictures plc bankruptcy case. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
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Filing 81
ORDER: At the hearing on December 15, 2015, both parties will be permitted to ask Mr. Hoffman about the existence, location, and accessibility of documents and materials that could be responsive to Plaintiff's discovery requests. The Court will also ask Mr. Hoffman about these documents and materials. (Signed by Judge Katherine Polk Failla on 12/7/2015) (tn)
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Filing 80
MEMO ENDORSEMENT on re: #79 Letter filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. ENDORSEMENT: Defendant is ORDERED to produce Mr. Hoffman to testify before this Court on December 15, 2015, at 10:00 a.m. (Signed by Judge Katherine Polk Failla on 11/16/2015) (tn)
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| Filing 79 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 11/16/2015 re: Mr. Peter Hoffman. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Set/Reset Hearings: Contempt Hearing set for 12/15/2015 at 10:00 AM before Judge Katherine Polk Failla. (tn) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 11/12/2015. (Court Reporter Kristen Carannante) (Lopez, Jose) |
| Filing 78 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 11/11/2015 re: Response to Mr. Goldin's letter dated November 11, 2015. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit US v. Hoffman Minute Order of Court dated August 12, 2015)(Markovich, Raymond) |
| Filing 77 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated November 11 2015 re: Plaintiff Arrowhead's letter to the Court and exhibits 1 through 3 thereto as to incomplete and unresponsive discovery from the Defendants and their continuing disobedience of this Court's Oct 9 2015 Discovery Order. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 76 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq and Raymond J Markovich Esq dated November 6 2015 re: Joint Letter of the Parties Regarding the Status of the Case. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 75 MEMO ENDORSEMENT on re: #74 Letter, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. ENDORSEMENT: Defendants' request to adjourn the November 5th conference is GRANTED. The parties shall appear before this Court on November 12, 2015, at 3:30 p.m. for a consolidated pre-motion/pre-trial conference. (Pre-Motion Conference set for 11/12/2015 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/29/2015) (tn) |
| Filing 74 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 10/29/2015 re: Adjournment and consolidation of conferences. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 73 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated October 28, 2015 re: Plaintiff Arrowhead Capital Finance Ltd's letter and attachment responding to Oct 26 2015 letter [Doc 70] of Defendants' counsel. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
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Filing 72
MEMO ENDORSEMENT on re: #69 Letter, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: This Court denied Defendants' request for a protective order on October 22, 2015 (Dkt. 65) -- two days before Kate Hoffman's scheduled deposition. Nevertheless, Plaintiff's counsel did not appear on October 24, 2015, to depose Ms. Hoffman. Indeed, Plaintiff's counsel did not advise the Court of any problems with the depositions until after returning home to Pennsylvania. In addition, Defendants' counsel has informed the Court that Ms. Hoffman does not plan to stop in New York on her return trip to London. As a result, Plaintiff's request to depose Ms. Hoffman in New York is DENIED. Defendants are ORDERED to produce Ms. Hoffman for a deposition in Los Angeles (if the parties cannot agree on another location) on or before November 13, 2015. Defendants are also ORDERED to confirm the date and time of the deposition with Plaintiff's counsel at least one week before the deposition takes place. (Signed by Judge Katherine Polk Failla on 10/27/2015) (tn)
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| Set/Reset Deadlines: Deposition due by 11/13/2015. (tn) |
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Filing 71
MEMO ENDORSEMENT on re: #70 Letter, filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. ENDORSEMENT: In light of this letter and Plaintiff's letter dated October 26, 2015 (Dkt. 69), the parties are ORDERED to appear before this Court on November 5, 2015, at 10:00 a.m. to discuss the propriety of imposing discovery sanctions on Defendants and Defendants' anticipated motion for judgment on the pleadings. (Status Conference set for 11/5/2015 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/27/2015) (tn)
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| Filing 70 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 10/26/2015 re: Pre-Submission Letter for a Motion for Judgment on the Pleadings under FRCP 12(c). Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. E - Order of July 31, 2012 in In re Seven Arts Pictures plc, No. 12-11157 (Eastern District of Louisiana July 31, 2012))(Markovich, Raymond) |
| Filing 69 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated October 26, 2015 re: Plaintiff Arrowhead's letter and attachments responding to October 23 2015 letter [Doc 66] of defendants' counsel. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/6/15 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) |
| Filing 67 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/6/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Eve Giniger, (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 11/19/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/27/2016.(McGuirk, Kelly) |
| Filing 66 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 10/23/2015 re: FRCP 12(b)(6) Motion. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Order of July 31, 2012 in In re Seven Arts Pictures plc, No. 12-11157 (Eastern District of Louisiana July 31, 2012))(Markovich, Raymond) |
| Filing 64 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esquire dated October 23, 2015 re: Plaintiff Arrowhead's letter and attachments responding to October 21 2015 letter of defendants' counsel. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
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Filing 65
MEMO ENDORSEMENT on re: #63 Letter filed by Seven Arts Filmed Entertainment Louisiana LLC, Seven Arts Entertainment, Inc. ENDORSEMENT: Defense counsel's letter is construed as a motion for a protective order and, upon consideration, the motion is DENIED. (Signed by Judge Katherine Polk Failla on 10/22/2015) (tn)
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| Filing 63 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 10/21/2015 re: Depositions. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 62
MEMO ENDORSEMENT on re: #61 Letter, filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: Defendants are ORDERED to produce the documents listed above by October 16, 2015. (Signed by Judge Katherine Polk Failla on 10/9/2015) (tn)
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| Filing 61 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated October 8 2015 re: Plaintiff Arrowhead's Oct 8 2015 letter and list of documents required to be produced by defendants Seven Arts Entertainment Inc and Seven Arts Filmed Entertainment Louisiana LLC. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 10/6/2015. (Court Reporter Eve Giniger) (Lopez, Jose) |
| Filing 60 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 10/02/2015 re: Opposition to improper sur-reply by Attorney Goldin. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 59 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated September 28 2015 re: Plaintiff Arrowhead Capital Finance Ltd's response to Sept 25 2015 Letter and Pre-Submission Notice of counsel for defendants Seven Arts Entertainment Inc and Seven Arts Filmed Entertainment Louisiana LLC. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
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Filing 58
ORDER: The Court has received the parties' letters dated September 16, 2015 (Dkt. 53), September 18, 2015 (Dkt. 54), September 21, 2015 (Dkt. 55), September 24, 2015 (Dkt. 56), and September 25, 2015 (Dkt. 57). In light of their letters, the parties are ORDERED to appear before this Court on October 6, 2015 at 3:00 p.m. to discuss Defendants intent to file a motion for summary judgment and the parties' discovery disputes., ( Status Conference set for 10/6/2015 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/25/2015) (lmb) Modified on 9/29/2015 (lmb).
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| Filing 57 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 09/25/2015 re: Correction of typo in footnote 5 in Response to Plaintiff's letter and Defendants' pre-submission notice. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. A - Affidavit of Peter M. Hoffman)(Markovich, Raymond) |
| Filing 56 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 09/24/2015 re: Response to Plaintiff's letter and Defendants' pre-submission notice. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Affidavit of Peter M. Hoffman)(Markovich, Raymond) |
| Filing 55 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated September 21, 2015 re: Plaintiff Arrowhead Capital Finance Ltd's Sept 21 2015 letter request for relief as to discovery disobedience by defendants Seven Arts Entertainment Inc and Seven Arts Filmed Entertainment Louisiana LLC. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 54 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated September 18, 2015 re: Plaintiff objects to defendants improvident Sept 16 2015 "Pre Submission Notice" [Doc 53] which is factually false, procedurally improper, and without merit.. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 53 LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated 09/16/2015 re: Pre-Submission Notice. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 52 ANSWER to #16 Amended Complaint,,, with JURY DEMAND. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 06/24/15 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...(Rodriguez, Somari) |
| Filing 50 TRANSCRIPT of Proceedings re: Conference held on 6/24/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2015. Redacted Transcript Deadline set for 8/17/2015. Release of Transcript Restriction set for 10/16/2015.(Rodriguez, Somari) |
| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 6/24/2015 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) |
| Filing 48 TRANSCRIPT of Proceedings re: conference held on 6/24/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/9/2015.(McGuirk, Kelly) |
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Filing 47
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 10/30/2015. Expert Discovery, including reports, production of underlying documents, and depositions, due by 12/15/2015. Depositions of fact witnesses due by 10/30/2015. Counsel for the parties have conferred and the present best estimate of the length of trial is 4 days. Jury trial: Defendants demand jury trial. However, plaintiff denies that jury trial is required as to certain claims in the First Amended Complaint. Pretrial Conference set for 11/12/2015 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/6/2015) (tn)
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Filing 46
ORDER: The Case Management Plan and Scheduling Order in this action - which will be so-ordered separately - indicates that Plaintiff wishes to exclude fact witness Peter Hoffman from attending depositions of other fact witnesses who are employed by Defendants. Defendants note that they oppose this exclusion. To the extent the parties are unable to come to a resolution on this issue, Plaintiff is instructed to refer to the Court's Individual Rules of Practice in Civil Cases regarding discovery disputes, and to notify the Court promptly. The Court notes that an application to exclude Peter Hoffman from attending these depositions would need to demonstrate "good cause" why such exclusion would "protect a party or person from annoyance, embarrassment, oppression or undue burden or expense." Fed. R. Civ. P. 26(c)(1)(E); see also Local Civil Rule 30.3 ("A witness or potential witness in the action may attend the deposition of a party or witness unless otherwise ordered by the Court."). (Signed by Judge Katherine Polk Failla on 7/6/2015) (tn) Modified on 7/8/2015 (tn).
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| Filing 45 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
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Filing 44
ORDER denying #31 Motion to Dismiss First Amended Complaint; terminating #13 Letter Motion for Conference re: #11 Memo Endorsement, #10 Letter, #9 Certificate of Clerk addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 09/15/2014; denying #26 Motion to Dismiss for Lack of Jurisdiction; denying #28 Motion to Dismiss. For the reasons stated during today's telephone conference, Defendants' motion to dismiss (Dkt. #26, 28, 31) is DENIED. Additionally, Plaintiff's request to supplement the record (Dkt. #41) is DENIED AS MOOT. The Clerk is directed to terminate Docket Entries 13, 26, 28, and 31. (Signed by Judge Katherine Polk Failla on 6/24/2015) (kko)
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| Filing 43 Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 6/24/2015. (Court Reporter Tara Jones) (Lopez, Jose) |
| Minute Entry Pre-Motion Conference set for 6/24/2015 at 3:00pm. Courtroom 618, 40 Foley Square. (Lopez, Jose) |
| Filing 42 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 052715 re: Plaintiff's Affidavit dated May 22, 2015. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 41 AFFIDAVIT of Barry L Goldin, Esq in Opposition re: #31 MOTION to Dismiss First Amended Complaint.. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
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Filing 40
MEMO ENDORSEMENT on re: #39 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated December 29, 2014 re: Request for Leave to Supplement the Record with Defendant Seven Arts Entertainment Inc's Newly-Issued December 2014 Press Release Belying Defe ndants Prior Representations to the Court as to Ownership of the Subsidiary Seven Arts Filmed Entertainment Louisiana LLC. Document filed by Arrowhead Capital Finance, Ltd. ENDORSEMENT: Application DENIED. This document is not incorporated by reference or otherwise integral to the Amended Complaint, and, as such, the Court declines to consider it at the motion to dismiss stage. See DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 (2d Cir. 2010); Serdarevic v. Centex Homes, LLC, 760 F. Supp. 2d 322, 330 (S.D.N.Y. 2010) ("Plaintiffs may no more amend the FAC through motion papers, than Defendants may supplement the record with documents not integral to the FAC."). SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/13/2015) (rjm)
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| Filing 39 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated December 29, 2014 re: Request for Leave to Supplement the Record with Defendant Seven Arts Entertainment Inc's Newly-Issued December 2014 Press Release Belying Defendants Prior Representations to the Court as to Ownership of the Subsidiary Seven Arts Filmed Entertainment Louisiana LLC. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 38 REPLY AFFIDAVIT of Kate Hoffman in Support re: #31 MOTION to Dismiss First Amended Complaint.. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Markovich, Raymond) |
| Filing 37 FIRST REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss First Amended Complaint. . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 36 FIRST MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss First Amended Complaint. . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit Affidavits of W William Woods and Barry L Goldin Esq in Support of Plaintiff's Opposition to Defendants' Improvident Motion to Dismiss Plaintiffs' First Amended Complaint, #2 Affidavit Affidavit of Barry L Goldin Esq in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss the First Amended Complaint, #3 Exhibit Exhibit 23, #4 Exhibit Exhibit 24, #5 Exhibit Exhibit 25, #6 Exhibit Exhibit 26, #7 Exhibit Exhibit 27, #8 Exhibit Exhibit 28, #9 Exhibit Exhibit 29, #10 Exhibit Exhibit 30, #11 Exhibit Exhibit 31, #12 Exhibit Exhibit 32, #13 Exhibit Exhibit 33, #14 Exhibit Exhibit 34, #15 Exhibit Exhibit 35, #16 Exhibit Exhibit 36, #17 Exhibit Exhibit 37, #18 Exhibit Exhibit 38, #19 Exhibit Exhibit 39, #20 Exhibit Exhibit 40)(Goldin, Barry) |
| Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss First Amended Complaint. . Document filed by Arrowhead Capital Finance, Ltd.. (Attachments: #1 Affidavit Affidavits of W William Woods and Barry L Goldin Esq In Support of Plaintiff's Opposition to Defendants' Improvident Motion to Dismiss Plaintiffs' First Amended Complaint, #2 Affidavit Affidavit of Barry L Goldin Esq In Support of Plaintiff Arrowhead's Opposition to Defendants' Motion to Dismiss the First Amended Complaint, #3 Exhibit Exhibit 24, #4 Exhibit Exhibit 25, #5 Exhibit Exhibit 26, #6 Exhibit Exhibit 27, #7 Exhibit Exhibit 28, #8 Exhibit Exhibit 29, #9 Exhibit Exhibit 30, #10 Exhibit Exhibit 31, #11 Exhibit Exhibit 32, #12 Exhibit Exhibit 33, #13 Exhibit Exhibit 34, #14 Exhibit Exhibit 35, #15 Exhibit Exhibit 36, #16 Exhibit Exhibit 37, #17 Exhibit Exhibit 38, #18 Exhibit Exhibit 39, #19 Exhibit Exhibit 40)(Goldin, Barry) Modified on 11/21/2014 (db). |
| Filing 34 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. Seven Arts Filmed Entertainment Louisiana LLC served on 10/9/2014, answer due 10/30/2014. Service was accepted by Raymond J Markovich Esq. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 33 AFFIDAVIT of Kate Hoffman in Support re: #31 MOTION to Dismiss First Amended Complaint.. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B - Part 1, #3 Exhibit Ex. B - Part 2, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E1, #7 Exhibit Ex. E2, #8 Exhibit Ex. F, #9 Exhibit Ex. G)(Markovich, Raymond) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss First Amended Complaint. . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Appendix Request For Judicial Notice, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E)(Markovich, Raymond) |
| Filing 31 MOTION to Dismiss First Amended Complaint. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. Responses due by 11/7/2014(Markovich, Raymond) |
| Filing 30 AFFIDAVIT of Kate Hoffman in Support re: #28 MOTION to Dismiss .. Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B - Part 1, #3 Exhibit Ex. B - Part 2, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E1, #7 Exhibit Ex. E2, #8 Exhibit Ex. F, #9 Exhibit Ex. G)(Markovich, Raymond) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 28 MOTION to Dismiss . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. Responses due by 11/7/2014(Markovich, Raymond) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 25 MEMO ENDORSEMENT granting #23 Letter Motion for Leave to File Excess Pages; granting #24 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Docket Entries 23 and 24. (Signed by Judge Katherine Polk Failla on 10/20/2014) (tn) |
| Filing 24 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 10/17/2014. Document filed by Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 23 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 10/17/2014. Document filed by Seven Arts Entertainment, Inc..(Markovich, Raymond) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Seven Arts Entertainment, Inc., Other Affiliate Seven Arts Music Inc. for Seven Arts Filmed Entertainment Louisiana LLC. Document filed by Seven Arts Filmed Entertainment Louisiana LLC.(Markovich, Raymond) |
| Filing 21 NOTICE OF APPEARANCE by Raymond James Markovich on behalf of Seven Arts Filmed Entertainment Louisiana LLC. (Markovich, Raymond) |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/23/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 19 TRANSCRIPT of Proceedings re: conference held on 9/23/2014 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Eve Giniger, (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 11/10/2014. Redacted Transcript Deadline set for 11/20/2014. Release of Transcript Restriction set for 1/17/2015.(McGuirk, Kelly) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Seven Arts Filmed Entertainment Louisiana LLC. (cde) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Seven Arts Filmed Entertainment Louisiana LLC, re: #16 Amended Complaint,,,. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 16 AMENDED COMPLAINT against Seven Arts Entertainment, Inc., Seven Arts Filmed Entertainment Louisiana LLC.Document filed by Arrowhead Capital Finance, Ltd.. (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 Exhbit 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)(Goldin, Barry) |
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Filing 15
ORDER: that the Plaintiff shall file an amended complaint no later than October 7, 2014. The schedule for Defendant's motion to dismiss is as follows: (i) Defendant's motion to dismiss is due on or before October 24, 2014; (ii) Plaintiff's opposition is due on or before November 7, 2014; and (iii) Defendant's reply, if any, is due on or before November 14, 2014. The parties are reminded to consult the Local Rules of the United States District Court for the Southern District of New York and this Court's Individual Rules of Practice in Civil Cases in creating and submitting their papers. Amended Pleadings due by 10/7/2014. Motions due by 10/24/2014. Responses due by 11/7/2014 Replies due by 11/14/2014. (Signed by Judge Katherine Polk Failla on 9/23/2014) (tn)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 9/23/2014. (Court Reporter Eve Giniger) (Lopez, Jose) |
| Filing 14 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin Esq dated September 16, 2014 re: Plaintiff Arrowhead's Supplemental Response to the Court's Request as to Pre-Motion Conference Scheduled for September 23, 2014. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 13 LETTER MOTION for Conference re: #11 Memo Endorsement, Set Hearings,,,,,, #10 Letter,, #9 Certificate of Clerk addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 09/15/2014. Document filed by Seven Arts Entertainment, Inc.. (Attachments: #1 Affidavit Raymond J Markovich, #2 Exhibit Ex. A - Certificate of Default, #3 Exhibit Ex. B - Re-filed Notice of Removal, #4 Exhibit Ex. C - Correspondence, #5 Exhibit Ex. D - Correspondence, #6 Exhibit Ex. E - Request for Pre-Motion Conference)(Markovich, Raymond) |
| Filing 12 LETTER addressed to Judge Katherine Polk Failla from Barry L Goldin, Esq dated September 5, 2014 re: Plaintiff's Response to Defendant's Request for Pre-Motion Conference (ECF Docs 10 + 11). Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter, filed by Seven Arts Entertainment, Inc. ENDORSEMENT: It is hereby ORDERED that the parties shall appear for a pre-motion conference on September 23, 2014, at 2:00 p.m., at which time the Court will also address Plaintiff's anticipated motion for default judgment and Defendant's anticipated motion to vacate. It is further ORDERED that Plaintiff's letter response to Defendant's pre-motion letter is due by September 5, 2014. Should Defendant wish to move to vacate the certificate of default, it should do so by letter motion, not to exceed 10 pages, by no later than September 15, 2014. Plaintiff's responsive letter, also not to exceed 10 pages, is due by September 18, 2014. (Pre-Motion Conference set for 9/23/2014 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/4/2014) (tn) Modified on 9/5/2014 (tn).
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| Set/Reset Deadlines: Motions due by 9/15/2014. Responses due by 9/18/2014. (tn) |
| Filing 10 LETTER addressed to Judge Katherine Polk Failla from Raymond J. Markovich dated 08/27/2014 re: Request for pre-motion conference. Document filed by Seven Arts Entertainment, Inc.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Affidavit Katrin Hoffman, #5 Exhibit Ex. A, #6 Exhibit Ex. B - Part 1, #7 Exhibit Ex. B - Part 2, #8 Exhibit Ex. C, #9 Exhibit Ex. D, #10 Exhibit Ex. E, #11 Exhibit Ex. F, #12 Exhibit Ex. G)(Markovich, Raymond) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Seven Arts Entertainment, Inc. (dt) |
| Filing 8 AFFIDAVIT of Barry L Goldin Esq in Support re: #7 Request to Enter Default. Document filed by Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 7 REQUEST TO ENTER DEFAULT against Seven Arts Entertainment, Inc. . Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Arrowhead Capital Finance, Ltd..(Goldin, Barry) |
| Filing 5 NOTICE OF APPEARANCE by Barry L. Goldin on behalf of Arrowhead Capital Finance, Ltd.. (Goldin, Barry) |
| Filing 4 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Seven Arts Filmed Entertainment Louisiana LLC, Other Affiliate Seven Arts Music Inc. for Seven Arts Entertainment, Inc.. Document filed by Seven Arts Entertainment, Inc..(Markovich, Raymond) |
| Filing 3 NOTICE OF APPEARANCE by Raymond James Markovich on behalf of Seven Arts Entertainment, Inc.. (Markovich, Raymond) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652201-14. (Rct No. 465401102451, Filing Fee $ 350.00).Document filed by Seven Arts Entertainment, Inc. (Attachments: #1 Exhibit a)(lcu) Modified on 8/25/2014 (lcu). |
| Filing 2 CIVIL COVER SHEET filed. (moh) (lcu). |
| Case Designated ECF. (moh) |
| Magistrate Judge Sarah Netburn is so designated. (moh) |
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