SGM Holdings LLC et al v. Andrews et al
| SGM Holdings LLC, Richard Featherly, Lawrence Field, Premier Natural Resources LLC and Syndicated Geo Management Corporation |
| A James Andrews, Richard Gaines and Karl Schledwitz |
| 1:2015cv08142 |
| October 15, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Crotty |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
199
ORDER After reviewing the letters submitted by the parties regarding the trial date (see Dkt. Nos. 195-99), the Court declines to reschedule the trial. The parties are directed to prepare for trial to commence on July 29, 2024. SO ORDERED. (Ready for Trial by 7/29/2024.) (Signed by Judge Victor Marrero on 5/3/2024) (jca)
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Filing
194
ORDER, Defendant attorney A. James Andrews' request to withdraw as counsel for Defendant Karl Schledwitz (ECF No. 158) is GRANTED. The Clerk of Court is respectfully directed to terminate Mr. Andrews as counsel for Mr. Schledwitz. SO ORDERED. (Attorney A. James Andrews terminated.) (Signed by Magistrate Judge Sarah L. Cave on 4/23/24) (yv)
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Filing
192
ORDER The Court has reviewed the letters, dated April 18, 2024, submitted by defendants. (See Dkt. Nos. 19091.) All parties are hereby ORDERED to confer and to, within fourteen (14) days, submit to the Court a joint letter proposing trial dates convenient for all parties. SO ORDERED. (Signed by Judge Victor Marrero on 4/19/2024) (jca)
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Filing
189
ORDER denying 138 Letter Motion for Conference re: 138 LETTER MOTION for Conference re: 123 Order on Motion for Oral Argument,, seeking clarification of scope of stay and bifurcation in Order dated October 26, 2023 (ECF No. 123) addressed to Judge Paul A. Crotty from Dan J. Schulman dated D, 182 LETTER MOTION for Leave to File Motion for Summary Judgment addressed to Judge Paul A. Crotty from James Blount dated April 11, 2024., 185 MOTION for Summar y Judgment .; denying 182 Letter Motion for Leave to File Document; denying 185 Motion for Summary Judgment. This matter was reassigned to this Court from the Honorable Paul A. Crotty on April 15, 2024. The same day, all plaintiffs exc ept pro se plaintiff James T. Hughes Jr. ("Hughes") filed a letter on behalf of themselves and Hughes bringing certain issues to the Court's attention. (See Dkt. No. 186 [hereinafter "Pl. Ltr."].) The defendants responded in two letters filed the next day. (See Dkt. Nos. 187-88.) No further summary judgment briefing in this matter will be considered absent a showing of extraordinary and compelling circumstances. Accordingly, a trial is scheduled in this matter fo r July 29 through August 1. The Court will reserve decision on whether to refer the question of damages to Judge Cave for a post-trial hearing or inquest. The Clerk of Court is hereby respectfully directed to terminate all pending motions in this matter. (And as further set forth herein.) SO ORDERED.. (Signed by Judge Victor Marrero on 4/17/2024) (jca)
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Filing
173
ORDER denying 170 Letter Motion for Discovery. Accordingly, the Request is DENIED. The Clerk of Court is respectfully directed to close ECF No. 170. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 3/11/2024) (vfr)
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Filing
168
OPINION AND ORDER re: 166 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from James Blount dated 02/24/2024. filed by James Edward Blount, IV., For the reasons set forth above, the Substitution Motion is GR ANTED, the Discovery Motion is GRANTED IN PART and DENIED IN PART, and the Court orders as follows: 1. Mr. Hughes is SUBSTITUTED for Mr. Field as a Plaintiff in this action. 2. By March 13, 2024, Defendants shall serve the Interrogatories on Mr. Hug hes. 3. By April 12, 2024, Mr. Hughes shall serve his responses to the Interrogatories. 4. Mr. Hughes shall promptly and continually produce the billing records for legal services for which Plaintiffs seek reimbursement by Defendants. 5. The tel ephone conference scheduled for February 29, 2024 is CANCELLED. 6. Because Mr. Field is no longer a Plaintiff in this action, this Order resolves the OTSC. The Clerk of Court is respectfully directed to terminate Mr. Field as a Plaintiff; to cancel the conference scheduled for February 29, 2024; and to close ECF No. 166. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 2/28/2024) Lawrence Field, Lawrence Field and Lawrence Field terminated. James T. Hughes added. (ks)
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Filing
165
ORDER GRANTING MOTION FOR WITHDRAWAL OF COUNSEL OF RECORD: IT IS HEREBY ORDERED that Eric LaMons shall be withdrawn as counsel of record for Plaintiff and Counter Defendant Premier Natural Resources in this the above-referenced matter. The Clerk of Court is respectfully directed to terminate Mr. LaMons as counsel for Plaintiff and Counter Defendant Premier Natural Resources. SO ORDERED., Attorney Eric Brian LaMons terminated. (Signed by Magistrate Judge Sarah L. Cave on 2/20/2024) (ama)
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Filing
160
ORDER denying without prejudice to renewal 157 Letter Motion for Discovery Defendants' Request is DENIED WITHOUT PREJUDICE to renewal for failure to comply with the Court's Individual Practices, which require parties to meet and conf er prior to filing any discovery requests. (See Ind. Pracs. § II.C). Defendants fail to state whether they conferred with Mr. Hughes, and to the contrary, it is apparent from Defendants' Request that no conference occurred. The Clerk of Court is respectfully directed to close ECF No. 157. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 2/15/2024) (jca)
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Filing
156
ORDER. Defendants' reference to an April 9, 2024 discovery deadline is incorrect. The Dec. 13 Order also did not permit any party to renew or otherwise file a motion for summary judgment. Pursuant to the Jan. 31 Order, Mr. Hughes shall file his reply to Defendants' Response by February 21, 2024. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 2/12/24) (yv)
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Filing
140
ORDER: Pursuant to the telephone conference held today, December 13, 2023 (the "Conference"), the Court orders as follows: Having reviewed the parties' positions and requests regarding the need for additional discovery past the Court-o rdered deadlines (see ECF Nos. 127; 129; 136; 137),1 the Court permits only the following additional discovery (the "Discovery"): a. Plaintiffs shall promptly produce on a rolling basis attorney Daniel Schulman's billing records-redact ed as necessary-for legal services for which they seek reimbursement by Defendants, from September 2022 through January 2024, and shall complete this production by January 31, 2024. For such legal services performed thereafter, Plaintiff shall contin ue to produce the billing records on a rolling basis and at least every 30 days. b. By February 29, 2024, Charles Stephenson shall sit for a continued deposition, limited to: (i) two hours of on-the-record time; and (ii) questions relating to the ass ignments of certain of Plaintiffs' claims to Mr. Stephenson (see ECF No. 99-20) and to Mr. Schulman's billing records for services that relate to those assignments. The deposition may take place by video. 2. All other requests for discovery , including expert discovery, are DENIED for failure to establish good cause. See Fed. R. Civ. P. 16(b)(4). 3. By March 7, 2024, the parties shall file a joint letter certifying completion of the Discovery. 4. By December 15, 2023, the parties shall order a transcript of the Conference. SO ORDERED. ( Deposition due by 2/29/2024.) (Signed by Magistrate Judge Sarah L. Cave on 12/13/2023) (ama)
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Filing
132
ORDER denying as moot 128 Letter Motion to Compel. A telephone conference is scheduled for Wednesday, December 13, 2023 at 2:00 pm on the Court's conference line to discuss any remaining fact and expert discovery issues. The parties are di rected to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By December 8, 2023, each party shall file a letter no longer than two (2) pages outlining any outstanding discovery issues. Plaintiffs' request at ECF No. 128, whi ch was filed in response to Defendants' request at ECF No. 125 ("Defendants' Request") and after Judge Crotty had already denied Defendants' request (ECF No. 126), is DENIED as moot. The Clerk of Court is respectfully directed to close ECF No. 128. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 11/17/2023) (jca)
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Filing
124
ORDER: The Court writes to memorialize its oral ORDER given at the pre-trial conference held on October 25, 2023. Trial is expected in this matter in the summer of 2024. The parties are directed to submit to the Court in writing all outstanding ma tters to be resolved before trial. The parties' submissions are due November 9, 2023. Additionally, Mr. Schulman was directed to provide the last known address of Lawrence Field, which he complied with in his letter dated October 26, 2023, ECF No. 122. The Court notes that Mr. Schulman's letter did not address any outstanding matters to be resolved before trial, so the Court awaits further submission in compliance with this Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/26/2023) (ks)
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Filing
118
OPINION & ORDER: re: 117 LETTER MOTION for Leave to File Motion to Strike ECF No. 116 Letter of Dan J. Schulman of July 28, 2023 and Extra Record Evidence Submitted in Support of Plaintiffs' Motion for Summary Judgment. addressed to Judge Pa ul A. Crotty from Jam filed by James Edward Blount, IV, 102 MOTION for Summary Judgment filed by James Edward Blount, IV, 95 MOTION for Summary Judgment filed by Premier Natural Resources LLC. Both motions for summary judgment are DENIED. Defen dants' motions to deem statements admitted and for a more definitive statement are DENIED. Defendants' motion in limine is DENIED without prejudice. The parties are directed to submit a proposed date for a pretrial conference within 14 days of this Order. The Clerk of the Court is directed to terminate the motions at ECF Nos. 95, 102, 117. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/25/2023) (ama)
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Filing
91
ORDER. Plaintiffs' Request is GRANTED IN PART and DENIED IN PART. By August 22, 2022, Defendants shall produce the Non-Privileged Documents and the Partially Privileged Documents as instructed in this Order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/17/22) (yv)
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Filing
87
ORDER terminating 83 Letter Motion for Discovery. Accordingly, the Court orders as follows: 1. Plaintiffs' request for an order directing Defendants to review the Materials for communications concerning the July 14, 2015 and O ctober 20, 2015 letters is DENIED. Despite having the opportunity to raise these letters at the Conference or in the two weeks after the Court issued the June 3 Order, Plaintiffs failed to do so. See Favors v. Cuomo, No. 11 Civ. 5632 (DLI) (RR) (G EL), 2013 WL 12358269, at *4 (E.D.N.Y. Aug. 27, 2013) (denying party's request to produce documents where the party made "noattempt to show 'good cause' for failing to timely raise, within the period specified in the Court's [] Order, its objection to discovery" of the documents); David v. Weinstein Co. LLC, No. 18 Civ. 5414 (RA), 2020 WL 4042773, at *4 (S.D.N.Y. July 17, 2020) (noting that "the Second Circuit and courts within this Circuit have ro utinely held that failure to file objections to a magistrate judge's order in a timely manner operates as a waiver of such objections") (citing O'Neal v. Spota, 744 F. App'x 35, 37 (2d Cir. 2018)). 2. By July 6, 2022, Defendan ts shall email the Challenged Documents (i.e., Privilege Log entry nos. 20-76) to Chambers (Cave_NYSDChambers@nysd.uscourts.gov) for the Court's in camera review. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/5/2022) (tg)
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Filing
84
ORDER. By June 24, 2022, Plaintiffs shall a letter no longer than three (3) pages in length identifying any documents on the Privilege Log as to which Plaintiffs challenge the asserted justification for non-disclosure and explaining the basis of their challenge (the Letter). If Plaintiffs file the Letter, then by July 1, 2022, Defendants shall (i) file a response to the Letter of no longer than three (3) pages in length, and (ii) email to Chambers (Cave_NYSDChambers@nysd.uscourts.gov) copies of the challenged documents for the Courts in camera review. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/14/22) (yv)
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Filing
82
ORDER: Pursuant to the discovery conference held today, June 3, 2022, to discuss Plaintiffs' request (ECF No. 74) for an order compelling Defendants to provide a "detailed" log of the emails and documents that Defendants withheld a s privileged (the "Materials"), the Court orders as follows: 1. Defendants shall promptly review the Materials (the "Review") to determine the number of documents or emails falling under each of the following categories: (i ) communications sent to or received by Defendant Karl Schledwitz; (ii) communications containing or referencing comments made by Mr. Schledwitz regarding any documents filed in the matter DNV Inv. P'ship v. Regent Priv. Cap., LLC, No. 15 Ci v. 1255 (PAC) (SLC); and (iii) communications concerning the March 18, 2015 Letter (see ECF No. 63-4 at 2-3). 2. By June 10, 2022, Defendants shall file a letter advising the Court of the results of the Review (the "Letter"). 3. On receipt of the Letter, the Court will determine the nature of the privilege log that Defendants must provide to Plaintiffs. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/3/2022) (vfr)
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Filing
75
TELEPHONE CONFERENCE SCHEDULING ORDER granting 74 Letter Motion for Conference re: 74 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Dan J. Schulman dated May 13, 2022. LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Dan J. Schulman dated May 13, 2022. ; granting 74 Letter Motion for Discovery. Plaintiffs' letter-motion for a discovery conference (ECF No. 74 (the "Letter-Motion" )) is GRANTED. A telephone conference to discuss the issues raised in the Letter-Motion is scheduled for Friday, June 3, 2022 at 2:00 pm. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Per the Court 's Individual Practices, by May 18, 2022, Defendants shall file a response to the Letter-Motion. The Clerk of Court is respectfully directed to close ECF No. 74. SO ORDERED. ( Telephone Conference set for 6/3/2022 at 02:00 PM before Magistrate Judge Sarah L Cave.). (Signed by Magistrate Judge Sarah L Cave on 5/13/22) (yv)
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Filing
73
ORDER. By May 13, 2022, the parties shall order the transcripts of the March 1, 2022 and May 11, 2022 conferences before the Honorable Paul A. Crotty (see ECF min. entries Mar. 1, 2022 & May 11, 2022), and promptly file the transcripts on the docket. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/12/22) (yv)
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Filing
67
ORDER: Should Plaintiffs wish to continue seeking disclosure of these materials, the parties are directed to meet and confer concerning: 1. Any available avenues to resolve this discovery dispute without judicial intervention; 2. Should such eff orts fail, a timetable for Defendants to prepare and produce a detailed privilege log that will allow Plaintiffs to meaningfully assess and, where applicable, challenge the asserted justification for non-disclosure of each withheld document; 3. If applicable, a timetable for Plaintiffs' motion to compel to be presented at a pre-motion conference, filed, and briefed-a briefing that would presumably cover the proper privilege law to be applied in this case, the relevant work product standards, and the application of both doctrines to the unique circumstances presented in this action. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/23/2022) (va)
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Filing
59
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul A. Crotty on 8/10/2021) (vfr)
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Filing
35
OPINION & ORDER re: 20 MOTION to Dismiss OR, ALTERNATIVELY, TO TRANSFER THE MATTER TO THE WESTERN DISTRICT OF TENNESSEE. filed by Karl Schledwitz, A James Andrews, Richard Gaines. CONCLUSION: For the foregoing reasons, Defendants m otion to dismiss for lack of personal jurisdiction, improper venue, and failure to state a claim, and, in the alternative to transfer the action to the Western District of Tennessee, is denied. The Clerk is directed to close the motion at Docket 20. SO ORDERED. (Signed by Judge Paul A. Crotty on 1-12-17) (mov)
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