In the Matter of the Application of DANIEL HEFLIN
| In the Matter of the Application of DANIEL HEFLIN |
| Bear Creek Partners II, L.L.C., Bear Creek Retail Partners II LLC, Strathmore Development Company Michigan LLC, Abbott Road Commons, L.L.C., Scott A Chappelle and Charles W Crouch |
| 1:2014mc00411 |
| December 11, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Part One |
| Other |
| M 08-85 Motion to Quash |
Docket Report
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Filing 18
ORDER granting #11 Motion for David Zachary Adler to Appear Pro Hac Vice. Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 17
ORDER: This Court orders as follows: 1. If the Michigan court rules on or before February 25, 2015 in a manner which resolves the instant dispute, that court's order shall be followed in lieu of a separate order from this Court. 2. If no ruling is received by or on February 25, 2015, movant may take a short 4 hour deposition in Florida. The testimony sought meets the broad definition of relevance under Rule 26 of the Federal Rules of Civil Procedure. In light of the fact that counsel would have to board a plane to take Mr. Heflin's deposition, there is only a minimal burden to fly from Michigan to Florida, as opposed to flying from Michigan to New York. A four hour deposition is sufficient given the limited personal knowledge of Mr. Heflin. (Signed by Judge Katherine B. Forrest on 1/28/2015) (lmb)
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| Filing 16 LETTER addressed to Judge Katherine B. Forrest from Jerome S. Fortinsky dated January 23, 2015 re: updating the Court on the parties' "meet and confer" discussions. Document filed by In the Matter of the Application of DANIEL HEFLIN.(Fortinsky, Jerome) |
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Filing 15
ORDER: On January 20, 2015, the Court held a telephonic status conference in the above-referenced matter. As discussed at the conference, the parties shall confer on potential resolution to the dispute surrounding Mr. Heflin's deposition and report back to the Court by Friday, January 23, 2015. (Signed by Judge Katherine B. Forrest on 1/21/2015) (lmb)
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| Filing 14 DECLARATION of Jerome S. Fortinsky in Support re: #12 Reply Memorandum of Law in Support of Motion,. Document filed by In the Matter of the Application of DANIEL HEFLIN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fortinsky, Jerome) |
| Filing 13 DECLARATION of Daniel Heflin in Support re: #1 MOTION to Quash Subpoena and Protective Order. Other Court Name: USDC-WDM. Other Court Case Number: 1:14cv309 ( JTN). (Filing Fee $ 46.00, Receipt Number 465401111992). Document filed by In the Matter of the Application of DANIEL HEFLIN. (Fortinsky, Jerome) |
| Filing 12 REPLY MEMORANDUM OF LAW in Support re: #1 MOTION to Quash Subpoena and Protective Order. Other Court Name: USDC-WDM. Other Court Case Number: 1:14cv309 ( JTN). (Filing Fee $ 46.00, Receipt Number 465401111992) . Document filed by In the Matter of the Application of DANIEL HEFLIN. (Fortinsky, Jerome) |
| Filing 11 MOTION for David Zachary Adler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10510018. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abbott Road Commons, L.L.C., Bear Creek Partners II, L.L.C., Bear Creek Retail Partners II LLC, Scott A Chappelle, Charles W Crouch, Strathmore Development Company Michigan LLC.(Adler, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for David Zachary Adler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10510018. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to File Response/Reply. Request granted. Replies due by 1/20/2015. (Signed by Judge Katherine B. Forrest on 1/16/2015) (lmb)
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| Filing 9 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine B. Forrest from Jerome S. Fortinsky dated January 15, 2015. Document filed by In the Matter of the Application of DANIEL HEFLIN.(Fortinsky, Jerome) |
| Filing 8 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Jerome S. Fortinsky dated 1/8/2015 re: Your Honor is scheduled to be the Miscellaneous judge on January 27, 2015, the return date of Mr. Heflin' s motion to quash a subpoena issued to him by the plaintiff in Bear Creek Partners II, L.L.C. v. Deutsche Bank Trust Company Americas, No. 1: 14-cv-00309-JTN, pending in the United States District Court for the Western District of Michigan. In accordance with Your Honor's Individual Rules of Practice, we are enclosing courtesy copies of the initiating documents - the Motion of Non-Party Daniel Heflin to Quash a Subpoena, the Declaration of Steven Schwartz and exhibits thereto, and the Memorandum of Law in Support of the Motion to Quash - that have now been uploaded to the Court's electronic filing system. ENDORSEMENT: Any opposition shall be filed not later than 1/19/15. A conference call shall occur with the Court on 1/20/15 at 5:15 pm., ( Responses due by 1/19/2015.), ( Telephone Conference set for 1/20/2015 at 05:15 PM before Judge Part One.) (Signed by Judge Katherine B. Forrest on 1/12/2015) (lmb) |
| Filing 7 RESPONSE in Opposition to Motion re: #1 MOTION to Quash Subpoena and Protective Order. Other Court Name: USDC-WDM. Other Court Case Number: 1:14cv309 ( JTN). (Filing Fee $ 46.00, Receipt Number 465401111992) . Document filed by Abbott Road Commons, L.L.C., Bear Creek Partners II, L.L.C., Bear Creek Retail Partners II LLC, Scott A Chappelle, Charles W Crouch, Strathmore Development Company Michigan LLC. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Master Servicer Statement, #3 Exhibit Special Servicer Statement, #4 Exhibit Counterclaim, #5 Exhibit Lender Response to Motion to Compel Heflin Deposition, #6 Exhibit Torchlight Entities W-9, #7 Exhibit 12/07/11 Torchlight Resolution, #8 Exhibit 12/14/11 Torchlight Services Officers Certificate, #9 Exhibit Website Rep. Lists, #10 Exhibit Lenders Responses, #11 Exhibit Heflin Email Chain, #12 Exhibit 03/11/14 Rodriguez Email, #13 Exhibit Schedule Correspondence, #14 Exhibit Dep. Notices, #15 Exhibit Subpoenas, #16 Exhibit 12/09/14 Email re: Heflin Unavailability, #17 Exhibit Motion to Compel Heflin Dep. (without exhibits))(Weitzman, Katie) |
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Filing 6
ORDER granting #4 Letter Motion for Extension of Time. Application GRANTED. The deadline for respondents' brief in opposition to the motion to quash shall be extended to January 5, 2015. The deadline for movant's reply brief shall be January 19, 2015. The hearing date for the motion shall be adjourned to January 27, 2015 before the Part I Judge. (Signed by Judge Valerie E. Caproni on 12/19/2014) (mro)
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| Filing 5 AFFIDAVIT OF SERVICE. Document filed by In the Matter of the Application of DANIEL HEFLIN. (Fortinsky, Jerome) |
| Set/Reset Deadlines: ( Responses due by 1/5/2015, Replies due by 1/19/2015.) (mro) |
| Filing 4 LETTER MOTION for Extension of Time and adjournment of the hearing date addressed to Judge Valerie E. Caproni from Katie P. Weitzman dated 12/18/14. Document filed by Abbott Road Commons, L.L.C., Bear Creek Partners II, L.L.C., Bear Creek Retail Partners II LLC, Scott A Chappelle, Charles W Crouch, Strathmore Development Company Michigan LLC. Return Date set for 1/27/2015 at 10:00 AM. (Attachments: #1 Exhibit Email between counsel confirming extension and adjournment)(Weitzman, Katie) |
| Filing 3 NOTICE OF APPEARANCE by Katie Pamela Weitzman on behalf of Bear Creek Partners II, L.L.C., Bear Creek Retail Partners II LLC, Strathmore Development Company Michigan LLC, Abbott Road Commons, L.L.C., Scott A Chappelle, Charles W Crouch. (Weitzman, Katie) |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 MOTION to Quash Subpoena and Protective Order. Other Court Name: USDC-WDM. Other Court Case Number: 1:14cv309 ( JTN). (Filing Fee $ 46.00, Receipt Number 465401112068). Document filed by In the Matter of the Application of DANIEL HEFLIN. (sdi) (ad). |
| Filing 1 MOTION to Quash Subpoena and Protective Order. Other Court Name: USDC-WDM. Other Court Case Number: 1:14cv309 ( JTN). (Filing Fee $ 46.00, Receipt Number 465401112068) Document filed by In the Matter of the Application of DANIEL HEFLIN. Return Date set for 12/30/2014 at 10:00 AM.(sdi) (ad). (Additional attachment(s) added on 1/6/2015: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit B, #5 Exhibit B, #6 Affidavit Service) (ad). |
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