Claridge Associates, LLC et al v. Schepis et al
Plaintiff: Claridge Associates, LLC, Jamiscott, LLC, Leslie Schneider and Lillian Schneider
Defendant: Anthony Schepis, Frank Canelas, Ruth Canelas and Northeast Capital Management, LLC
Case Number: 1:2015cv04514
Filed: June 10, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 12, 2021 Opinion or Order Filing 225 ORDER: The parties have requested that the settlement conference scheduled for May 5, 2021, at 12:30 p.m. be conducted via videoconference. The request is granted. The conference will be held using the Microsoft Teams platform. The link and other information necessary to access the conference will be provided to the conference participants, prior to the date of the conference, via email. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/12/2021) (va)
April 1, 2021 Opinion or Order Filing 223 ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on May 5, 2021, at 12:30 p.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 5/5/2021 at 12:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/1/2021) (va)
March 25, 2021 Opinion or Order Filing 216 ORDER: This Order addresses three issues in advance of the conference scheduled for March 30, 2021. First, the March 30, 2021 conference shall take place by telephone. At the appointed time, the parties shall call (888) 363-4749 and enter access code 5123533. Please note that the conference bridge will not be available before 10:00 a.m. Second, the Court is in receipt of Plaintiffs' letter dated March 24, 2021, seeking a conference to discuss the refusal of Peter Cane and CaneLaw LLP (collectively, "Cane") to comply with subpoenas issued by Plaintiffs for both documents and testimony. (Dkt. #213). The Court directs Peter Cane and Cane's counsel to appear at the March 30, 2021 conference to discuss these claims. Plaintiffs' counsel is directed to transmit a copy of this Order to Cane's counsel promptly. Third, the Court is in receipt of Plaintiff's pre-motion submission regarding an anticipated motion for sanctions. (Dkt. #214). The Court expects the parties to be prepared to discuss this issue at the March 30, 2021 conference. To that end, the Court directs Defendants to submit a response to Plaintiffs' letter on or before the evening of March 29, 2021. SO ORDERED., Responses due by 3/29/2021 (Signed by Judge Katherine Polk Failla on 3/25/2021) (rj)
February 9, 2021 Opinion or Order Filing 205 ORDER terminating 198 Letter Motion for Conference; granting in part and denying in part 199 Letter Motion for Local Rule 37.2 Conference. First, the Court adopts Plaintiffs' proposed deposition schedule. (See Dkt. #198). Although Defenda nt is correct that there is not significant overlap between the parties to the Connecticut arbitration and those to the instant litigation, Defendants' counsel had already proposed a similar schedule in January of this year, to which Plaintiffs agreed. (See Dkt. #198, Ex. F). Given the general delay of Defendants and their counsel in setting, and then attempting to alter, that schedule, the Court will resolve the issue by adopting a schedule similar to one to which counsel for the parties initially agreed. Additionally, the Court declines to order that Defendants take the deposition of Plaintiffs' counsel at this time. The Court and the parties will address this issue if and when a trial date is scheduled and Plaintiffs' cou nsel is listed as a trial witness. Second, Plaintiffs' motion to quash is granted in part and denied in part. Federal Rule of Civil Procedure 26(b)(1) provides that "[p]arties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party." Relevance under Rule 26 "'is an extremely broad concept.'" Joseph v. Gnutti Carlo S.p.A., No. 15 Civ. 8910 (AJN), 2016 WL 4083433, at *1 (S.D.N.Y. July 25, 2016) (quoting Che n-Oster v. Goldman, Sachs & Co., 293 F.R.D. 557, 561 (S.D.N.Y. 2013)). That said, [d]iscovery may be curtailed where the information sought would be 'unreasonably cumulative or duplicative' or when 'the burden or expense of the propose d discovery outweighs its likely benefit.'" Blagman v. Apple, Inc., No. 12 Civ. 5453 (ALC) (JCF), 2014 WL 1285496, at *4 (S.D.N.Y. Mar. 31, 2014) (quoting Fed. R. Civ. P. 26(b)(2)(C)), as further set forth. Accordingly, the motion to quash is also granted as to topic nine. In sum, Plaintiffs' motion to quash Defendants' third-party subpoenas (Dkt. #199), is granted with respect to topics two, eight, and nine, but is otherwise denied (see Dkt. #204, Ex. 1-8). Additionally, as discussed above, the Court adopts Plaintiffs' proposed deposition schedule. (See Dkt. #198). SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/9/2021) (mml)
January 21, 2021 Opinion or Order Filing 196 AGREED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its pers onnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 1/21/2021) (nb)
December 15, 2020 Opinion or Order Filing 186 ORDER: The Court is in receipt of the parties' joint letter dated December 6, 2020 (Dkt. #183), and Plaintiff's letter dated December 14, 2020 (Dkt. #185). The Court adopts the following schedule: December 21, 2020: Filing of proposed revised case management plan; January 6, 2021: Filing of amended complaint; January 13, 2021: Answer to amended complaint; March 26, 2021: Completion of fact discovery; The parties shall meet and confer regarding interim discovery deadlines and sh all include such deadlines in their proposed revised case management plan. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Failla. A bench trial in this action shall commence on June 28, 2021, at 9:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are hereby ORDERED to file the Joint Pretrial Order, motions in limine, pr etrial memoranda of law, and proposed findings of fact and conclusions of law by May 31, 2021. Any opposition papers shall be filed by June 7, 2021. Given the procedural history of this case and the fact of a bench trial, the Court sees no basis for a third round of summary judgment practice. The parties are instructed to comply with Rule 7 of the Court's Individual Rules of Practice in Civil Cases when submitting their pretrial materials. Finally, the parties are ORDERED to appear for a fi nal pretrial conference on June 14, 2021, in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Amended Pleadings due by 1/6/2021., Fact Discovery due by 3/26/2021., Motions due by 5/31/2021., Pretrial Order due by 5/31/2021., Responses due by 6/7/2021, Bench Trial set for 6/28/2021 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/15/2020) (rro)
November 30, 2020 Opinion or Order Filing 182 ORDER granting 181 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/30/2020) (rro)
November 16, 2020 Opinion or Order Filing 180 ORDER granting 179 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/16/2020) (rro)
November 5, 2020 Opinion or Order Filing 178 OPINION AND ORDER re: 163 SECOND MOTION for Partial Summary Judgment . filed by Lillian Schneider, Leslie Schneider, Jamiscott, LLC, Claridge Associates, LLC. For the reasons stated in this Opinion, Plaintiffs' motion for pa rtial summary judgment is GRANTED IN PART and DENIED IN PART. The Clerk of Court is directed to terminate the motion at docket entry 163. The parties are directed to submit a joint status letter regarding proposed next steps in the case on or before November 30, 2020. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/5/2020) (rro)
August 1, 2019 Opinion or Order Filing 160 OPINION AND ORDER re: 139 MOTION for Partial Summary Judgment. filed by Lillian Schneider, Leslie Schneider, Jamiscott, LLC, Claridge Associates, LLC. For the reasons stated in this Opinion, Plaintiffs' motion for partia l summary judgment is DENIED. The Clerk of Court is directed to terminate the motion at docket entry 139. The parties are directed to submit a joint status letter regarding proposed next steps in the case on or before August 22, 2019. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/1/2019) (rro)
May 10, 2016 Opinion or Order Filing 63 OPINION AND ORDER re: 41 AMENDED MOTION to Dismiss filed by Anthony Schepis, Ruth Canelas, Frank Canelas, Northeast Capital Management, LLC, 26 MOTION to Dismiss . MOTION to Compel Arbitration filed by Anthony Schepis, Ruth Canelas, Frank Canelas, Northeast Capital Management, LLC: For the foregoing reasons, Defendants' motion to dismiss Plaintiffs' conversion claim is GRANTED. The Court compels arbitration of the arb itrability of Defendants' res judicata defense; Plaintiff's remaining claims against Defendants are therefore STAYED pending resolution of arbitration proceedings. In light of the stay, Defendants' motion to dismiss Plaintiffs' remaining claims is DENIED WITHOUT PREJUDICE. The parties shall submit a joint letter to the Court by September 9, 2016, and every four months thereafter, updating the Court on the status of arbitration proceedings. The Clerk of Court is directed to terminate Docket Entries 26 and 41. (Signed by Judge Katherine Polk Failla on 5/10/2016) (tn)
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Plaintiff: Claridge Associates, LLC
Represented By: Jonathan Andrew Harris
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Plaintiff: Jamiscott, LLC
Represented By: Jonathan Andrew Harris
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Plaintiff: Leslie Schneider
Represented By: Jonathan Andrew Harris
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Plaintiff: Lillian Schneider
Represented By: Jonathan Andrew Harris
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Defendant: Anthony Schepis
Represented By: Peter S. Cane
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Defendant: Frank Canelas
Represented By: Peter S. Cane
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Defendant: Ruth Canelas
Represented By: Peter S. Cane
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Defendant: Northeast Capital Management, LLC
Represented By: Peter S. Cane
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