Centauro Liquid Opportunities Master Fund, L.P. v. Bazzoni, et al.
| Centauro Liquid Opportunities Master Fund, L.P. |
| Alessandro Bazzoni, Cinque Terre Financial Group, Ltd., CT Energia, Ltd., CT Energia Holding, Ltd., CT Energy Holding SRL and CTVEN Investments SRL |
| 1:2015cv09003 |
| November 17, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
345
ORDER granting 344 Letter Motion to Adjourn Conference. The within adjournment request is granted. The final pretrial conference in this matter is hereby adjourned to April 14, 2023, at 11:30 am. DE 344 is resolved. SO ORDERED. Final Pretrial Conference set for 4/14/2023 at 11:30 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/27/2023) (vfr)
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Filing
343
ORDER granting 342 Letter Motion to Adjourn Conference. The within adjournment request is granted. The final pre-trial conference is hereby adjourned to March 3, 2023, at 11:30 am. DE 342 is resolved. SO ORDERED. Final Pretrial Conference set for 3/3/2023 at 11:30 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 1/25/2023) (vfr)
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Filing
341
ORDER granting 340 Letter Motion to Adjourn Conference. The foregoing adjournment request is granted. The final pretrial conference is hereby adjourned to January 27, 2023, at 10:00 am. DE 340 is resolved. SO ORDERED. Final Pretrial Conference set for 1/27/2023 at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/30/2022) (vfr)
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Filing
339
ORDER granting 338 Letter Motion to Adjourn Conference. The foregoing adjournment request is granted. The final pre-trial conference is hereby adjourned to December 2, 2022, at 12:00 pm. DE 338 is resolved. SO ORDERED. Final Pretrial Conference set for 12/2/2022 at 12:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/24/2022) (vfr)
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Filing
337
ORDER granting 336 Letter Motion to Adjourn Conference. The within adjournment request is granted. The final pre-trial conference is hereby adjourned to October 28, 2022, at 12:30 pm. DE 336 is resolved. SO ORDERED. Final Pretrial Conference set for 10/28/2022 at 12:30 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 9/6/2022) (vfr)
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Filing
335
ORDER granting 334 Letter Motion to Adjourn Conference. The foregoing adjournment request is granted. The pre-trial conference is adjourned to September 9, 2022, at 11:30 am. DE 334 is resolved. SO ORDERED. Final Pretrial Conference set for 9/9/2022 at 11:30 AM before Judge Laura Taylor Swain.. (Signed by Judge Laura Taylor Swain on 7/14/2022) (jca)
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Filing
333
ORDER granting 332 Letter Motion to Adjourn Conference. The within adjournment request is granted. The pre-trial conference is adjourned to July 22, 2022, at 11:00 am. DE 332 is resolved. SO ORDERED. Final Pretrial Conference set for 7/22/2022 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/18/2022) (vfr)
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Filing
331
ORDER granting 330 Letter Motion to Adjourn Conference. The adjournment request is granted. The final pre-trial conference in his matter is hereby adjourned to April 22, 2022, at 11:00 am. DE 330 is resolved. SO ORDERED. Final Pretrial Conference set for 4/22/2022 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/11/2022) (js)
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Filing
329
ORDER granting 328 Letter Motion to Adjourn Conference. The foregoing adjournment request is granted. The final pretrial conference is hereby adjourned to March 18, 2022, at 11:00 am. DE 328 is resolved. SO ORDERED. Final Pretrial Conference set for 3/18/2022 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 1/28/2022) (jca)
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Filing
327
ORDER granting 326 Letter Motion to Adjourn Conference. The adjournment request is granted. The final pre-trial conference is hereby rescheduled for February 11, 2022 at 11:00 am. DE 326 is resolved. SO ORDERED. Final Pretrial Conference set for 2/11/2022 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 12/12/2021) (js)
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Filing
321
ORDER granting 320 Letter Motion to Adjourn Conference. The foregoing adjournment request is granted. The final pretrial conference in this matter is hereby rescheduled for December 3, 2021 at 12:00 pm. DE# 320 is resolved. SO ORDERED. Final Pretrial Conference set for 12/3/2021 at 12:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/5/2021) (js)
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Filing
319
ORDER granting 318 Letter Motion to Adjourn Conference. The foregoing adjournment request is hereby granted. The final pre-trial conference in this matter is rescheduled for October 15, 2021 at 12:00 pm. Docket entry no. 318 is resolved. SO ORDERED. Final Pretrial Conference set for 10/15/2021 at 12:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 9/21/2021) (ate)
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Filing
317
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, September 27, 2021, at 10:00 a.m. In the weeks prior to the conference, the Court will confirm whether the conference will be held telephonically or in person. The parti es are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are st rongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, S eptember 20, 2021, by e-mail to Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 9/27/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/9/2021) (ras)
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Filing
315
ORDER: In light of Chief District Judge Laura T. Swain's July 26, 2021 Order, the parties shall file a letter by August 6, 2021, identifying any outstanding pretrial matters and whether a settlement conference would be productive. The parties should be aware that due to the Court's busy calendar, settlement conferences must generally be scheduled at least four to six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, an d the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. Should the parties wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Rach el Slusher at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. (Signed by Magistrate Judge Sarah Netburn on 7/27/2021) (ras)
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Filing
314
ORDER: For the foregoing reasons, and those set forth in the Court's September 18, 2019, opinion, the Court lacks personal jurisdiction over Elemento and Bazzoni and all claims against those Defendants are dismissed. This case will proceed solely against CTEL in respect of the remaining Second and Third causes of action. This case remains referred to Magistrate Judge Netburn for general pre-trial management. The parties are directed to meet with Judge Netburn for settlement purposes and to discuss any outstanding pretrial matters. The final pretrial conference in this case is adjourned to October 1, 2021, at 2:00 p.m. The parties shall consult and make submissions in advance of the conference as provided in docket entry number 46. ( Final Pretrial Conference set for 10/1/2021 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 7/26/2021) (ate)
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Filing
313
ORDER In light of the pending motion(s), the final pre-trial conference in the above-captioned case, previously scheduled for July 23, 2021, is hereby adjourned to August 27, 2021, at 11:30 a.m. ( Final Pretrial Conference set for 8/27/2021 at 11:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 7/12/2021) (ate)
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Filing
312
ORDER: In light of the pending motion(s), the final pre-trial conference in the above-captioned case, previously scheduled for April 16, 2021, is hereby adjourned to July 23, 2021, at 11:30 a.m. ( Final Pretrial Conference set for 7/23/2021 at 11:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 4/7/2021) (mro)
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Filing
304
ORDER: To the extent the parties wish to engage in settlement discussions before the January 15, 2020 pretrial conference, the parties are encouraged to contact Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. (Signed by Magistrate Judge Sarah Netburn on 11/25/2020) (nb)
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Filing
303
ORDER: In light of the pending motion(s), the final pre-trial conference in the above-captioned case, previously scheduled for October 23, 2020, is hereby adjourned to January 15, 2021, at 11:00 a.m. ( Final Pretrial Conference set for 1/15/2021 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/22/2020) (mro)
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Filing
298
ORDER: IT IS HEREBY ORDERED that Byron Pacheco hereby withdraws as counsel for plaintiff Centauro Liquid Opportunities Master Fund, L.P. ("Centauro"), and shall be removed from the Case Management/ Electronic Case Files (CM/ECF) notific ation list in the above-captioned matter. Boies Schiller Flexner LLP will continue to represent Centauro in this proceeding. So Ordered Attorney Byron De Angelo Mille Pacheco terminated. (Signed by Magistrate Judge Sarah Netburn on 9/1/2020) (js)
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Filing
295
ORDER: In light of the pending motion(s), the final pre-trial conference in the above-captioned case, previously scheduled for June 19, 2020, is hereby adjourned to October 23, 2020, at 11:00 a.m. SO ORDERED., ( Final Pretrial Conference set for 10/23/2020 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/05/2020) (ama)
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Filing
294
ORDER granting 293 Letter Motion to Adjourn Conference: The final pretrial conference is adjourned to June 19, 2020, at 10:30 a.m. at a control date, and the related deadlines are suspended pending further order of the Court. DE #293 resolved. (Final Pretrial Conference set for 6/19/2020 at 10:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/31/2020) (jwh)
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Filing
272
MEMORANDUM OPINION AND ORDER: re: 217 MOTION for Summary Judgment filed by Alessandro Bazzoni, CT Energia, Ltd., 221 MOTION for Summary Judgment filed by CT Energia Ltd. d/b/a Elemento Ltd., 226 MOTION for Partial Summary Judgment filed by Ce ntauro Liquid Opportunities Master Fund, L.P. For the foregoing reasons, Centauro's motion for summary judgment is granted as against CTEL with respect to Centauro's First Cause of Action and denied in all other respects. Centauro's cl aims against Bazzoni and Elemento are dismissed for lack of personal jurisdiction. Centauro may, by letter and accompanying exhibits, if any, make a written proffer, consistent with the Federal Rule of Civil Procedure 12(b)(2) standard, demonstrating a legal and factual basis for the exercise of personal jurisdiction over Bazzoni and/or Elemento on a veil piercing theory under Maltese law, no later than October 2, 2019. Any responsive submission must be filed no later than October 9, 2019. In li ght of the dismissal of Centauro's claims against Elemento and Bazzoni for lack of personal jurisdiction, the Court does not address the merits of those claims and accordingly denies without prejudice Moving Defendants' motions forsummary j udgment to the extent that they seek dismissal of Centauro's alter ego and other claims against Bazzoni and Elemento on the merits. CTEL's motion for summary judgment is denied to the extent that it seeks dismissal of Centauro's breach of contract claims against CTEL for lack of consideration, and to the extent that it seeks dismissal of Centauro's Third Cause of Action for fraudulent inducement. Absent a timely and sufficient proffer demonstrating a basis for the exercise of personal jurisdiction over either Bazzoni or Elemento, this action will proceed solely upon Centauro's Second and Third Causes of Action as against CTEL. All claims remain stayed as against CTFG. The final pre-trial conference in this case is a djourned to February 7, 2020, at11:30 a.m. The parties must confer and make submissions in advance of the final pre-trial conference as provided in the Pre-Trial Scheduling Order (docket entry no. 46), and are also directed to renew in good faith the ir settlement discussions in advance of the conference. This Memorandum Opinion and Order resolves docket entry nos. 217, 221, and 226. SO ORDERED., ( Final Pretrial Conference set for 2/7/2020 at 11:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/18/2019) (ama)
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Filing
209
MEMORANDUM ORDER: denying 149 Motion for Writ of Attachment. Because Centauro has not proffered evidence to support its allegations that CTEL and Elemento are principally engaged in the same business ventures, using the same offices, email account s, revenue streams, and personnel, that Elemento's assets and profits ultimately flow back to CTEL through Bazzoni, who has used CTEL's accounts to purchase personal property, or that Bazzoni or Elemento misused CTEL, the Court finds that C entauro has not met its burden, on the basis of the current record, of demonstrating a likelihood of success on the merits of its alter ego claims. Centauro's motion to amend the Attachment Order is accordingly denied. In light of this determina tion, the Court does not address the parties' remaining arguments regarding consideration under the promissory note. This Memorandum Order resolves docket entry no. 149. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/23/2018) (ama)
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Filing
208
MEMORANDUM OPINION AND ORDER: re: 175 MOTION to Dismiss (Corrected filed by CT Energia Ltd. d/b/a Elemento Ltd. For the foregoing reasons, Elemento's motion to dismiss the Amended Complaint is denied. This Memorandum Opinion and Order resolves docket entry no. 175. This case remains referred to Magistrate Judge Netburn for general pre-trial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/20/2018) (ama)
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Filing
126
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Centauro's motion for leave to amend is granted in part and denied in part. Centauro may modify the proposed Amended Complaint to assert claims against Bazzoni, CT Energia Ltd., and CT E nergia Malta in a manner consistent with this opinion. Centauro must file the Amended Complaint by September 11, 2017, with a conforming caption. Leave to amend is otherwise denied. This case remains referred to Magistrate Judge Netburn for general p re-trial management. The parties are directed to meet with Magistrate Judge Netburn promptly to address any discovery issues that may arise in light of this Memorandum Opinion and Order. This Memorandum Opinion and Order resolves docket entry no. 1 10, and as further set forth in this order. (Amended Pleadings due by 9/11/2017.) Motions terminated: 110 MOTION to Amend/Correct 4 Complaint. MOTION for Leave to File Complaint, filed by Centauro Liquid Opportunities Master Fund, L.P. (Signed by Judge Laura Taylor Swain on 8/28/2017) (ap)
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Filing
107
MEMORANDUM OPINION AND ORDER re: 91 MOTION to Dismiss filed by CT Energy Holding SRL, 58 MOTION to Dismiss Plaintiff's Complaint. MOTION to Dismiss for Lack of Jurisdiction filed by CTVEN Investme nts SRL, Cinque Terre Financial Group, Ltd., CT Energia Holding, Ltd., Alessandro Bazzoni, CT Energia, Ltd. For the foregoing reasons, the motions by Defendants Alessandro Bazzoni; CT Energia Holding, Ltd.; CT Energy Holding SRL; and CTVEN Investments SRL to dismiss the Complaint for lack of personal jurisdiction are granted. CTFG's motion to dismiss the Complaint is terminated without prejudice to renewal. CT Energia, Ltd.'s motion to dismiss is denied as to the first cause of action for breach of contract and granted in all other respects. Centauro may move, by October 21, 2016, for leave to file an amended complaint. Its motion must be accompanied by a proposed amended complaint and a blackline comparison of the Complaint and the proposed amended complaint, in addition to its memorandum of law. This Memorandum Opinion and Order resolves docket entry nos. 58 and 91. This case remains referred to Magistrate Judge Netburn for general pre-trial management. CT Energy Holding SRL, CTVEN Investments SRL, Alessandro Bazzoni and CT Energia Holding, Ltd. terminated. (Signed by Judge Laura Taylor Swain on 9/30/2016) (tn)
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