Kiderman et al v. Downing Investment Partners, LP et al
| Kiderman, Mr. David Hilderbrand, Mr. Ryan Detzel, Mr. Mark Miller and Mr. David Kiderman |
| Downing Investment Partners, LP, IVC Healthcom, LLC, Downing Partners, LLC, Downing Medical Device Group, LLC, Mr. George Robbie, Surgical Safety Solutions, LLC, Jeff Rice, 3si Systems, LLC, Mr. Jay Pila, Mr. Glenn Haufler, Surgical Safety Solutions Interactive, LLC, Mr. Marco Zenati, David W. Wagner, Mr. Greg Auda, Mr. Marc M Lawrence, Michael H. Shaut, Mr. Brad Pulver, Mr. Richard Buckingham, Mr. Paul Giroux, Downing Health Technologies, LLC, Mr. Brett Giffin and Downing Digital Healthcare Group, LLC |
| Mr. Michael Grumbine and Greg Auda |
| Jeffrey Rice, Edward Howley, Jonathan Cutler and Brett Giffin |
| Wesley Holdings Ltd. |
| 1:2016cv04040 |
| May 31, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Other Fraud |
| 15 U.S.C. § 78 |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2021. A more recent docket listing may be available from PACER.
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Filing 301
MEMO ENDORSEMENT on re: #300 Letter addressed to Judge Katherine Polk Failla from Andrew St. Laurent dated 6/1/2021. ENDORSEMENT: The Court understands from the status update filed on June 1, 2021, that Mr. Wagner's and Mr. Lawrence's bankruptcies remain ongoing, and that the automatic stay remains in effect as to those Defendants. (Dkt. #300). Accordingly, the parties are directed to file a status update with the Court immediately upon the termination of the automatic stay as to either Defendant. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/1/2021) (vfr)
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| Filing 300 LETTER addressed to Judge Katherine Polk Failla from Andrew St. Laurent dated 6/1/2021 re: response to the Courts order of May 4, 2021..(rro) |
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Filing 299
ORDER: On September 25, 2020, Defendant Jeff Rice was voluntarily dismissed from this case. (Dkt. #298). The case remains stayed as to the remaining Defendants pending the resolution of the bankruptcy proceedings of Defendants Wagner and Lawrence. (See Dkt. #295). Accordingly, the parties remaining in this action are hereby ORDERED to file a joint status letter on or before May 31, 2021, informing the Court of the status of bankruptcy proceedings and any other relevant developments. (Signed by Judge Katherine Polk Failla on 5/4/2021) Copies EMailed By Chambers. (rro)
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Filing 298
STIPULATION OF SETTLEMENT AND VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) as follows: The Parties have agreed to settle and compromise this action under the terms and conditions set forth in a Settlement and Release ("the Settlement Agreement"), which has been fully executed by the parties to this action, the terms of which the parties have agreed to keep in confidence. In consideration to the terms of the Settlement Agreement, this action shall be dismissed with prejudice against Jeff Rice. By this Stipulation, and as set forth more fully in the Settlement Agreement, each party waives, releases, discharges, and abandons any and all claims, whether asserted or unasserted, in connection with the allegation, transactions, and occurrences which are the subject of this action, against the other. Application GRANTED. The Clerk of Court is directed to terminate all pending motions and adjourn all remaining dates as to Defendant Jeff Rice. And as set forth herein. SO ORDERED., Jeff Rice terminated. (Signed by Judge Katherine Polk Failla on 9/25/2020) (ama)
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| Filing 297 STATUS REPORT. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller..(Milazzo, Christopher) |
| Filing 296 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Jeff Rice, Jeffrey Rice and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by David Hilderbrand, David Kiderman, Mark Miller, Ryan Detzel. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Carmel, Ross) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #296 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): stipulation and settlement. (km) |
| Filing 295 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Christopher P. Milazzo dated 7/20/2020 re: Counsel for Plaintiffs submit this joint letter with respect to determining the damages as to the defaulted Downing Entities. ENDORSEMENT: The Court has reviewed Plaintiffs' letter and has discussed the relevant issues with Magistrate Judge Barbara C. Moses, to whom the inquest for damages would be referred. Both Judges agree that judicial efficiency counsels in favor of deferring the inquest into damages until after resolution of the case as to the individual Defendants. Accordingly, and while very sympathetic to Plaintiffs' desire for finality and restitution, the Court will defer the setting of a damages award until the liability vel non of the individual Defendants has been resolved. (Signed by Judge Katherine Polk Failla on 7/22/2020) Copies Mailed By Chambers. (tro) |
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Filing 294
MEMO ENDORSEMENT on re: #293 Letter, filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman. ENDORSEMENT: Plaintiffs are hereby granted an additional thirty days to attempt to reach a resolution with regard to Defendant Rice. Plaintiffs and Mr. Rice shall file a joint status letter on or before August 20, 2020, concerning the status of their settlement agreement. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/21/2020) Copies Mailed By Chambers. (kv)
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| Filing 293 LETTER addressed to Judge Katherine Polk Failla from Plaintiffs dated July 20, 2020 re: Status Update and Inconsistent Judgments. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Supplement).(Milazzo, Christopher) |
| Filing 292 MEMO ENDORSEMENT on re: #291 Letter filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman. ENDORSEMENT: Plaintiffs and Mr. Rice shall file a joint status letter on or before July 20, 2020, concerning the status of their settlement agreement. At that time, Plaintiffs shall file a letter stating their position concerning whether the Court should determine damages as to the defaulted Downing Entities while the case is stayed as to certain other Defendants who are in the midst of bankruptcy proceedings, and addressing the risk of inconsistent judgments if the Court should do so. (Signed by Judge Katherine Polk Failla on 6/22/2020) Copies Emailed By Chambers. (rro) |
| Filing 291 FIRST LETTER addressed to Judge Katherine Polk Failla from Ross Carmel dated 06/17/2020 re: Joint Status Letter. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller..(Carmel, Ross) |
| Filing 290 LETTER addressed to Judge Katherine Polk Failla from Jeffrey S. Rice dated 5/12/2020 re: Pursuant to Your Honor's Order of April 8, 2020, I would like to enter the following: I did not receive the order by email or by US Mail. I actually thought this case was closed. I did not hear about this Order until I got an email from Mr. Carmel's office on April 28th indicating that a joint letter was needed to fulfill the Order. Document filed by Jeffrey Rice.(jca) |
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Filing 289
MEMO ENDORSEMENT: on re: #288 Letter filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman. ENDORSEMENT: Plaintiffs are hereby granted an additional thirty days to attempt to reach a resolution with regard to Defendant Rice. The remaining parties are hereby ORDERED to provide a joint letter providing the Court with a status update on or before June 4, 2020. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/04/2020) Copies Mailed By Chambers. (ama)
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| Filing 288 FIRST LETTER addressed to Judge Katherine Polk Failla from Ross Carmel dated 5/1/2020 re: Joint Status Letter. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller..(Carmel, Ross) |
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Filing 287
ORDER: On November 21, 2019, the Court extended discovery in this matter until March 31, 2020. (November 21, 2019 Minute Entry). Since that time, multiple Defendants have been voluntarily dismissed. The parties remaining in this action are hereby ORDERED to file a joint status letter on or before May 1, 2020, proposing next steps in this proceeding. If any party anticipates filing a motion for summary judgment, they shall notify the Court in that letter, and propose a briefing schedule. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/8/2020) Copies E-Mailed By Chambers. (rro)
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Filing 286
STIPULATION OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice, against the defendant Michael Shaut pursuant to the Federal Rules of Civil Procedure 41 (a)(1)(A)(ii). SO ORDERED. (Michael H. Shaut terminated.) (Signed by Judge Katherine Polk Failla on 3/19/2020) (rro)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #285 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 285 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Michael H. Shaut and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by David Hilderbrand, David Kiderman, Mark Miller, Ryan Detzel. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Carmel, Ross) |
| Filing 284 STATEMENT OF DAMAGES. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Supplement).(Carmel, Ross) |
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Filing 283
ORDER granting #282 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/30/2020) Copies E-Mailed By Chambers. (rro)
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| Filing 282 LETTER MOTION for Extension of Time and to Withdraw as Counsel addressed to Judge Katherine Polk Failla from James Halter dated January 22, 2020. Document filed by Jay Pila.(Halter, James) |
| Filing 281 STIPULATION TO DISMISS WITHOUT PREJUDICE DEFENDANT RICHARD L. BUCKINGHAM: The parties to this action, acting through counsel, and pursuant to FCCP 41(a)(1)(A)(ii) hereby stipulate to the dismissal without prejudice of defendant Richard L. Buckingham, with each party to bear its own attorney's fees and costs. (Richard Buckingham terminated.) (Signed by Judge Katherine Polk Failla on 12/9/2019) A copy of this Order was mailed by Chambers to: Jeffrey Rice jsr1652@yahoo.com Marc Lawrence marc.lawrence@live.com (jwh) |
| Filing 280 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Richard Buckingham and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Buckingham. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Jesser, Steven) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Steven Jesser. RE-FILE Document No. #279 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): The stipulation needs to have handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (km) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #280 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 279 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Richard Buckingham and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Buckingham. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Jesser, Steven) Modified on 12/9/2019 (km). |
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Filing 278
ENDORSED LETTER addressed to Judge Katherine Polk Failla (emailed) from Steven H. Jesser dated 12/03/2019. Re: Mr. Carmel has informed me (see below) that plaintiffs will stipulate to dismiss without prejudice defendant Mr. Buckingham, so I wish herein to withdraw Doc. 276, a MFLTF Rule 56 MFSJ, and as further specified in this letter. ENDORSEMENT: Mr. Jesser is advised that the Court granted his motion to withdraw as counsel for all defendants save Defendant Buckingham during the November 21, 2019 conference. In light of Mr. Jesser's withdrawal of the pending motions, the Clerk of Court is directed to terminate the motions pending at docket entries 275, 276, and 277. So ordered. Terminating #275 LETTER MOTION for Leave to File To Seek LTF FRCP 56 MFSJ For Defendant RL Buckingham addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 11/14/2019. Document filed by Richard Buckingham. Terminating #276 LETTER MOTION for Leave to File Motion for LTF FRCP 56 MFSJ For Defendant RL Buckingham, In Extremis addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/03/2019. Document filed by Richard Buckingham. (Signed by Judge Katherine Polk Failla on 12/3/2019). Copies Mailed By Chambers. (rjm)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Steven H. Jesser to RE-FILE Document #277 LETTER MOTION to Reopen re: #276 LETTER MOTION for Leave to File Motion for LTF FRCP 56 MFSJ For Defendant RL Buckingham, In Extremis addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/03/2019. This Is a Requ. ERROR(S): Not filed in Letter Format, PDF document filed is an email. (db) |
| Filing 277 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION to Reopen re: #276 LETTER MOTION for Leave to File Motion for LTF FRCP 56 MFSJ For Defendant RL Buckingham, In Extremis addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/03/2019. This Is a Request/Motion to Recall and Withdraw Doc. 276. addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12-03-2019. Document filed by Richard Buckingham.(Jesser, Steven) Modified on 12/4/2019 (db). |
| Filing 276 LETTER MOTION for Leave to File Motion for LTF FRCP 56 MFSJ For Defendant RL Buckingham, In Extremis addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/03/2019. Document filed by Richard Buckingham.(Jesser, Steven) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 11/21/2019 re: #274 SUPPLEMENTAL MOTION for Steven H. Jesser to Withdraw as Attorney for defendants Downings companies and Buckingham and Wagner filed by Richard Buckingham, Downing Medical Device Group, LLC, Downing Investment Partners, LP, Surgical Safety Solutions Interactive, LLC, IVC Healthcom, LLC, Downing Health Technologies, LLC, David W. Wagner, Downing Partners, LLC, Surgical Safety Solutions, LLC , #272 FIRST MOTION for Kevin T. Roberts to Withdraw as Attorney for Defendant Michael H. Shaut filed by Michael H. Shaut, #270 MOTION to Withdraw as Counsel for Defendant Michael Shaut filed by Michael H. Shaut: Attorney Ross David Carmel representing Plaintiffs present. Attorney Steven H. Jesser representing Downing entities present. Attorney Joshua Richard Cohen representing Michael H. Shaut, and Defendant Shaut, present. Attorney James William Halter representing Jay Pila present. Fact Discovery is due by 3/31/2020. Attorney Steven Jesser's motion to withdraw as counsel to Downing entities, except Richard Buckingham, is GRANTED. Attorney Joshua Cohen's motion to withdraw as counsel to Defendant Shaut is GRANTED, and Defendant is to proceed pro se. Plaintiff's counsel is to provide the Court with Defendant Shaut's contact information. Motion(s) terminated: #272 FIRST MOTION for Kevin T. Roberts to Withdraw as Attorney for Defendant Michael H. Shaut filed by Michael H. Shaut, #270 MOTION to Withdraw as Counsel for Defendant Michael Shaut filed by Michael H. Shaut, #274 SUPPLEMENTAL MOTION for Steven H. Jesser to Withdraw as Attorney for defendants Downings companies and Buckingham and Wagner filed by Richard Buckingham, Downing Medical Device Group, LLC, Downing Investment Partners, LP, Surgical Safety Solutions Interactive, LLC, IVC Healthcom, LLC, Downing Health Technologies, LLC, David W. Wagner, Surgical Safety Solutions, LLC, Downing Partners, LLC . (Court Reporter Andrew Walker) (tn) |
| Filing 275 LETTER MOTION for Leave to File To Seek LTF FRCP 56 MFSJ For Defendant RL Buckingham addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 11/14/2019. Document filed by Richard Buckingham. (Attachments: #1 Exhibit)(Jesser, Steven) |
| Filing 274 SUPPLEMENTAL MOTION for Steven H. Jesser to Withdraw as Attorney for defendants Downings companies and Buckingham and Wagner. This supplemental motion is a renewed motion which has pended. Document filed by Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, IVC Healthcom, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner. (Attachments: #1 Exhibit Notice of Motion)(Jesser, Steven) |
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Filing 273
ORDER: The parties are hereby ORDERED to appear for a conference concerning the status of this case on November 21, 2019, at 12:00 p.m. Parties and counsel who live or work in New York City are expected to appear in person in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York at the appointed time. Parties and Counsel who do not live or work in New York City may appear telephonically. The dial-in information is as follows: At 12:00 p.m. the parties shall call (888) 363-4749 and enter access code 6624801. Please note, the conference will not be available prior to 12:00 p.m. The Court will address the pending motions to withdraw as counsel (Dkt. #270, 272) at that time. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/31/2019) ( Status Conference set for 11/21/2019 at 12:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.)(ks)
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| Filing 272 FIRST MOTION for Kevin T. Roberts to Withdraw as Attorney for Defendant Michael H. Shaut. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 271 STATUS REPORT. Joint Status Letter Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Filing 270 MOTION to Withdraw as Counsel for Defendant Michael Shaut. Document filed by Michael H. Shaut. (Attachments: #1 Exhibit 1 - Declaration of Joshua R. Cohen, #2 Exhibit 2 - Declaration of Michael Shaut)(Cohen, Joshua) |
| Filing 269 STATEMENT OF DAMAGES. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Affidavit Affirmation of Ross Carmel, #2 Affidavit Affirmation of Michael Nacht, #3 Affidavit Affirmatio nof Christopher Milazzo)(Milazzo, Christopher) |
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Filing 268
ORDER: It is ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall have judgment against Defendants Downing Investment Partners, LP, Downing Partners, LLC, 3si Systems, and IVC Healthcom, LLC, in an amount to be determined later. The Clerk of Court is hereby ordered to enter a judgment of default as to each of those Defendants. Plaintiffs, in conjunction with Mr. Pila, are directed to provide a statement of damages attributable to the defaulted Downing Defendants, if the damages sought in the Second Amended Complaint are readily ascertainable, or a request for an inquest as to damages, if such damages are not readily ascertainable, on or before October 18, 2019. Plaintiffs are also invited to submit by that date a statement of the fees and costs incurred as a result of the Downing Defendants' obstructive conduct in discovery. The Clerk of Court is directed to terminate the motions pending at docket entries 215, 216, and 251, and to lift the stay previously imposed in this case. The remaining parties are hereby ORDERED to provide a joint status letter with proposed next steps in this case on or before October 25, 2019. SO ORDERED. Motions terminated: #216 FIRST MOTION to Compel Downing Investment Partners, LP, Downing Partners, LLC, 3SI Systems, LLC, IVC Healthcom, LLC, Richard Buckingham, and Marc M. Lawrence to Produce Responsive documents.FIRST MOTION for Sanctions for spoliation of evidence. filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman, #251 MOTION to Intervene on behalf of Jay Pila. filed by Jay Pila, #215 FIRST MOTION for Sanctions of Civil and Criminal Contempt. filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman. (Signed by Judge Katherine Polk Failla on 9/20/2019) Copies Emailed By Chambers. (rro) Transmission to Orders and Judgments Clerk for processing. (Main Document 268 replaced on 9/23/2019) (tn). Modified on 9/23/2019 (tn).
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| Filing 267 NOTICE OF APPEARANCE by Jeffrey Lew Liddle on behalf of Jay Pila. (Liddle, Jeffrey) |
| Filing 266 FIRST LETTER addressed to Judge Katherine Polk Failla from Ross D. Carmel, Esq. dated February 8, 2019 re: Final Positions on Motions For Contempt and Sanctions. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Milazzo, Christopher) |
| Filing 265 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 2/8/2019 re: Final Positions Re Sanctions. Document filed by 3si Systems, LLC, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, IVC Healthcom, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven) |
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Filing 264
SCHEDULING ORDER: The parties are directed to submit status letters by February 8, 2019, stating their final positions regarding Plaintiffs' sanctions application. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/20/2018) (anc)
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| Filing 263 SECOND LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 11/26/2018 re: Docs. 258, 262. Document filed by 3si Systems, LLC, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, IVC Healthcom, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven) |
| Filing 262 SECOND LETTER addressed to Judge Katherine Polk Failla from Ross Carmel dated 11/26/2018 re: Judge's Order dated 9/25/18. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Milazzo, Christopher) |
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Filing 261
MEMO ENDORSEMENT granting #259 Motion for Leave to File Document. ENDORSEMENT: Application GRANTED. The Court will expect Mr. Jesser's response on November 23, 2018. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/20/2018) (rro) Modified on 5/6/2019 (rro).
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| Filing 260 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 11/19/2018 re: Email-Letter To Court Re Doc. 269. Document filed by 3si Systems, LLC, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, IVC Healthcom, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Wesley Holdings Ltd..(Jesser, Steven) |
| Filing 259 MOTION for Leave to File MFLT File By 11/23/2018 Response to Doc. 258 . Document filed by 3si Systems, LLC, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, IVC Healthcom, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven) |
| Filing 258 FIRST LETTER addressed to Judge Katherine Polk Failla from Ross Carmel dated 11/19/2018 re: Judge's Order dated 9/25/18. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Milazzo, Christopher) |
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Filing 257
ORDER: The course of fact discovery in this case has not been smooth, and nearly all of the blame for that can be laid at the feet of Defendant David Wagner, against whom the case has been stayed because of a pending personal bankruptcy petition. The difficulties and delays in obtaining relevant documents from corporate entities with which Mr. Wagner has been affiliated have been detailed in prior decisions from this Court, including in particular the Court's oral decision issued on June 20, 2018, in response to Plaintiffs' February 6, 2018 motions for sanctions and a finding of contempt. (Dkt. #215-216); as further set forth herein. The Court continues to evaluate a variety of potential sanctions and penalties for contempt. However, it is loath to make a final determination at this time, given the delays (some excusable) in obtaining a final accounting of discoverable materials. Accordingly, it writes to advise the parties that it will delay its decision for one brief final period: all discoverable materials must be produced to the parties on or before Friday, November 16, 2018. The Court will continue to communicate with counsel for the Trustee to provide assistance in that regard; after that date, it will not consider additional future productions, but will focus solely on the issue of sanctions. This matter is hereby STAYED pending further order of the Court. (Signed by Judge Katherine Polk Failla on 9/25/2018) Copies Sent By Chambers. (mro)
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Filing 256
ORDER FOR ADMISSION PRO HAC VICE granting #254 Motion for Amelia P. Nelson to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 9/4/2018) (rjm)
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| Filing 255 FIRST MOTION to Intervene by J Rice, G Auda, J Cutler, B Giffin, M Grumbine, E Howley. Document filed by Greg Auda, Jonathan Cutler, Brett Giffin, Michael Grumbine, Edward Howley, Jeffrey Rice. (Attachments: #1 Exhibit A Grumbine POC, #2 Exhibit B Cutler POC, #3 Exhibit C Auda POC, #4 Exhibit D Rice POC, #5 Errata E Giffin POC, #6 Exhibit F Howley POC)(Nelson, Amelia) |
| Filing 254 FIRST MOTION for Amelia Pape Nelson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15520241. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edward Howley, Michael Grumbine, Greg Auda, Jonathan Cutler, Brett Giffin, Jeffrey Rice. (Attachments: #1 Exhibit Certificate of Good Standing Amelia P. Nelson, #2 Affidavit Affidavit Moving Attorney Amelia P. Nelson, #3 Text of Proposed Order Proposed Order on Motion Pro Hac Vice)(Nelson, Amelia) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #254 FIRST MOTION for Amelia Pape Nelson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15520241. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 253 AFFIRMATION of Craig S. Tarasoff in Support re: #251 MOTION to Intervene on behalf of Jay Pila.. Document filed by Jay Pila. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Tarasoff, Craig) |
| Filing 252 MEMORANDUM OF LAW in Support re: #251 MOTION to Intervene on behalf of Jay Pila. . Document filed by Jay Pila. (Tarasoff, Craig) |
| Filing 251 MOTION to Intervene on behalf of Jay Pila. Document filed by Jay Pila. Return Date set for 9/7/2018 at 09:30 AM.(Tarasoff, Craig) |
| Filing 250 NOTICE OF APPEARANCE by Craig S Tarasoff on behalf of Jay Pila. (Tarasoff, Craig) |
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Filing 249
NOTICE OF DISMISSAL WITH PREJUDICE OF GREG AUDA: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, that whereas no party is an infant, incompetent person for whom a committee has been appointed, or conservatee, and no person not a party has interest in the subject matter of this action, that by Order dated July 31, 2017 (Dkt. No. 152) that inter alia the action by the Plaintiffs was dismissed with prejudice as against Defendant Greg Auda and that the parties respectfully request that docket reflect same. IT IS FURTHER STIPULATED AND AGREED that this stipulation may be executed in counterparts and sent electronically or by facsimile, and such signatures shall be binding on said parties and may be filed as if signed in the original. SO ORDERED. (Greg Auda terminated.) (Signed by Judge Katherine Polk Failla on 8/2/2018) Copies Sent By Chambers. (rro) Modified on 10/25/2018 (rro).
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| Filing 248 NOTICE of Dismissal wit Prejudice. Document filed by Greg Auda. (Molloy, Kirsten) |
| Filing 247 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 4/16/18 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 246 TRANSCRIPT of Proceedings re: argument held on 4/16/2018 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Greenblum, (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 7/24/2018. Redacted Transcript Deadline set for 8/3/2018. Release of Transcript Restriction set for 10/1/2018.(McGuirk, Kelly) |
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Filing 243
ORDER: For the reasons stated on the record during the June 20, 2018 teleconference with the parties, the Downing Defendants are hereby ORDERED to submit, no later than July 6, 2018, all of the information about their accounts held at third-party financial and data storage institutions, including but not limited to those noted on the record. This information may be transmitted to the Court by email to Failla_NYSDchambers@nysd.uscourts.gov, with all counsel of record and pro se parties copied. Plaintiffs are directed to submit draft subpoenas for the Court's consideration no later than two weeks following receipt of the above-referenced information from the Downing Defendants. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/21/2018) Copies Sent By Chambers. (ne)
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| Filing 244 SUGGESTION OF BANKRUPTCY upon the record as to Title 11 Bankruptcy in the United States Bankruptcy Court for the Northern District of Florida. Document filed by Marc M Lawrence ***Docket and file instructions from Chambers on 6/21/2018*** (jwh) Modified on 6/21/2018 (jwh). |
| Filing 242 MEMO ENDORSEMENT on re: #241 Letter, filed by 3si Systems, LLC, Downing Medical Device Group, LLC, Downing Investment Partners, LP, Surgical Safety Solutions Interactive, LLC, IVC Healthcom, LLC, Downing Health Technologies, LLC, David W. Wagner, Downing Partners, LLC, Surgical Safety Solutions, LLC. ENDORSEMENT: Application DENIED. The Court expects that all parties--including Mr. Wagner--will appear at the telephonic conference scheduled for tomorrow, June 20, 2018, at 4:00 p.m. The parties should call the Court at (212) 805-0290 with all parties on the line. (Signed by Judge Katherine Polk Failla on 6/19/2018) Copies Mailed by Chambers. (mro) |
| Filing 241 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated June 19, 2018 re: Mr. Wagner's Request. Document filed by 3si Systems, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, IVC Healthcom, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven) |
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Filing 240
SCHEDULING ORDER: The parties are directed to appear for a telephonic conference with the Court on June 20, 2018, at 4:00 p.m., to discuss Plaintiffs motions to compel and for sanctions. Mr. Wagner is ordered to participate personally in this call, and Mr. Jesser is directed to provide him with a copy of this Order. The parties should call the Court at (212) 805-0290 with all parties present on the line. SO ORDERED. (Telephone Conference set for 6/20/2018 at 04:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/13/2018) (ne)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #239 MOTION for James Benjamin Rosenthal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15001761. 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 Supreme Court of Virginia;. Re-file the motion as a 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.. (wb) |
| Filing 239 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James Benjamin Rosenthal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15001761. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael H. Shaut. (Attachments: #1 Affidavit of James B. Rosenthal, #2 Certificates of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)(Rosenthal, James) Modified on 4/30/2018 (wb). |
| Filing 238 LETTER (E-MAIL) addressed to Deputy Lopez from Marc Lawrence dated 4/18/2018 re: The following is a denial to my request by Attorney Rosen who represents the Receiver. (kgo) |
| Filing 237 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 04/17/2018 re: 04/16/2018 Hearing. Document filed by 3si Systems, LLC, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 4/16/2018. (Court Reporter Steven Greenblum) (Lopez, Jose) |
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Filing 236
ORDER FOR ADMISSION PRO HAC VICE: granting #235 Motion for Joshua Richard Cohen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing disciple of attorneys. (Signed by Judge Katherine Polk Failla on 4/12/2018) (js)
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| Filing 235 MOTION for Joshua Richard Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14929566. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael H. Shaut. (Attachments: #1 Affidavit of Joshua R. Cohen, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)(Cohen, Joshua) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #235 MOTION for Joshua Richard Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14929566. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 234 MEMO ENDORSEMENT on re: #233 Letter filed by Michael H. Shaut. ENDORSEMENT: Application GRANTED. The Court does not have the technological capability to join parties onto a common phone call. Mr. Rice and counsel for Mr. Shaut are directed to dial into a conference line and to call the Court at (212) 805-0290 with both parties on the line at the scheduled time for the conference. (Signed by Judge Katherine Polk Failla on 4/10/2018) Copies Mailed By Chambers. (cf) |
| Filing 233 LETTER addressed to Judge Katherine Polk Failla from Kevin T. Roberts dated April 9, 2018 re: Motion to Appear by Phone. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kevin T. Roberts to RE-FILE Document #232 LETTER MOTION for Conference to appear by phone addressed to Judge Katherine Polk Failla from Kevin T. Roberts dated 04.09.18. ERROR(S): No signature or s/. (db) |
| Filing 232 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference to appear by phone addressed to Judge Katherine Polk Failla from Kevin T. Roberts dated 04.09.18. Document filed by Michael H. Shaut.(Roberts, Kevin) Modified on 4/10/2018 (db). |
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Filing 231
ENDORSED LETTER: addressed to Judge Katherine Polk Failla from Jeffrey Rice dated 4/5/2018 re: Defendant writes to request to attend the April 16, 2018 conference in Your Courtroom by means of phone call. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Katherine Polk Failla on 4/6/2018) Copies Mailed By Chambers. (js)
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| Filing 230 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Ross D. Carmel, Kevin T. Roberts, Steven H. Jesser, Marc M. Lawrence, Jeffrey Rice dated 3/28/2018 re: conference scheduling. ENDORSEMENT: The Court will hear argument from the parties regarding Plaintiffs' motions on April 16, 2018, at 10:00 a.m., in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. Mr. Rice may appear at the conference by telephone. Mr. Rice should send an email to Chambers (Failla_NYSDchambers@nysd.uscourts.gov) to provide a phone number where he can be reached at the time of the conference. Set Deadlines/Hearing: (Motion Hearing set for 4/16/2018 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 3/28/2018) Copies Mailed By Chambers. (ras) Modified on 3/28/2018 (ras). |
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Filing 229
SCHEDULING ORDER: In light of the winter weather affecting travel into the New York area and the attendance of counsel who must travel from out of town, the conference currently scheduled for March 22, 2018, at 3:00 p.m. is hereby ADJOURNED. The parties are directed to file a letter with the Court by March 28, 2018, suggesting three times during the week of April 16, 2018, when all parties are available. (Signed by Judge Katherine Polk Failla on 3/21/2018) Copies Mailed by Chambers. (mro) Modified on 5/18/2018 (mro).
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| Filing 228 LETTER addressed to Judge Katherine Polk Failla from Kevin T. Roberts dated 3/21/18 re: Letter Motion to Appear by Phone. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 227 LETTER addressed to Judge Katherine Polk Failla from Kevin T. Roberts dated 3/20/18 re: Clarification for Pretrial Attendance. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 226 MEMO ENDORSEMENT on re: #224 Letter, filed by Marc M Lawrence. ENDORSEMENT: Application DENIED. It is the Court's preference that parties appear in person, particularly for a conference such as this one where the parties' conduct has been put squarely in issue by the motions before the Court. While Mr. Rice may appear by phone given Plaintiffs' representation that their motions are not directed at him, all other parties are required to appear in person in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. (Signed by Judge Katherine Polk Failla on 3/20/2018) Copies Mailed By Chambers. (kgo) Modified on 5/16/2018 (kgo). |
| Filing 225 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Jeffrey Rice dated 3/19/2018 re: Request to attend 3/22 conference by phone. ENDORSEMENT: Application GRANTED. Only Mr. Rice may appear at the March 22, 2018 conference by phone. All other parties are required to attend the conference in person. Mr. Rice is directed to call the Court at (212) 805-0166 in time for the 3:00 p.m. conference. (Signed by Judge Katherine Polk Failla on 3/19/2018) Copies Mailed By Chambers. (kgo) Modified on 5/16/2018 (kgo). |
| Filing 224 LETTER addressed to Judge Katherine Polk Failla from Marc M. Lawrence, dated 3/16/18 re: Plaintiff requests that the Court please accept his Motion for a Court Call for the upcoming 3pm conference on 3/22/18 etc. Document filed by Marc M Lawrence.(sc) |
| Filing 223 DECLARATION of Marc Lawrence IN OPPOSITION TO MOTION FOR SANCTIONS; re: #215 FIRST MOTION for Sanctions of Civil and Criminal Contempt. Document filed by Marc M Lawrence. (sc) |
| Filing 222 RESPONSE to Motion re: #216 FIRST MOTION to Compel Downing Investment Partners, LP, Downing Partners, LLC, 3SI Systems, LLC, IVC Healthcom, LLC, Richard Buckingham, and Marc M. Lawrence to Produce Responsive documents.FIRST MOTION for Sanctions for spoliation of evidence. . Document filed by 3si Systems, LLC, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, IVC Healthcom, LLC, David W. Wagner. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit)(Jesser, Steven) |
| Filing 221 RESPONSE to Motion re: #215 FIRST MOTION for Sanctions of Civil and Criminal Contempt. . Document filed by 3si Systems, LLC, Downing Investment Partners, LP, Downing Partners, LLC, IVC Healthcom, LLC, David W. Wagner. (Attachments: #1 Affidavit)(Jesser, Steven) |
| Filing 220 LETTER addressed to Judge Katherine Polk Failla from Marc M. Lawrence, dated 2/13/18 re: Plaintiff informs the Court that his efforts to secure counsel continue, however, until such time as he plans to proceed pro se. Document filed by Marc M Lawrence.(sc) |
| Filing 219 MEMO ENDORSEMENT on re: #217 Letter filed by David W. Wagner. ENDORSEMENT: In light of the stay of discovery occasioned by Plaintiffs' motions to compel and for sanctions, the conference scheduled for February 16, 2018, at 10:00 a.m., is hereby ADJOURNED sine die. The Court will see the parties as scheduled on March 22, 2018, at 3:00 p.m., for a conference on Plaintiffs' motions. Mr. Jesser is reminded of his obligation, until February 15, 2018, to apprise Mr. Lawrence of developments in this case and to provide him with a copy of this Endorsement. Mr. Lawrence is reminded to inform the Court by February 15, 2018, whether he has retained new counsel or plans to proceed pro se. If the latter, Mr. Lawrence is instructed to send his contact information to the Court's pro se office so that the Court may continue to notify him of developments in this case. The address for the pro se office is: United States District Court of the Southern District of New York, Pro Se Intake Unit, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Room 200. (Signed by Judge Katherine Polk Failla on 2/7/2018) Copies Mailed By Chambers (kgo) Modified on 4/19/2018 (kgo). |
| Filing 218 LETTER addressed to Judge Katherine Polk Failla from Kevin T. Roberts dated 02.07.18 re: Kiderman et al v. Downing Partners, LLP et al. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 217 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated February 6, 2018 re: Doc. 178: Inquiry Re Scheduled 2/16/2018 Pretrial Conference. Document filed by David W. Wagner.(Jesser, Steven) |
| Filing 216 FIRST MOTION to Compel Downing Investment Partners, LP, Downing Partners, LLC, 3SI Systems, LLC, IVC Healthcom, LLC, Richard Buckingham, and Marc M. Lawrence to Produce Responsive documents., FIRST MOTION for Sanctions for spoliation of evidence.( Return Date set for 3/22/2018 at 03:00 PM.) Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Declaration of Ross D. Carmel, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Exhibit Exhibit P, #19 Exhibit Exhibit Q, #20 Exhibit Exhibit R, #21 Exhibit Exhibit S, #22 Exhibit Exhibit T)(Carmel, Ross) |
| Filing 215 FIRST MOTION for Sanctions of Civil and Criminal Contempt. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. Return Date set for 3/22/2018 at 03:00 PM. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Declaration of Ross D. Carmel, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K)(Carmel, Ross) |
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Filing 213
ORDER granting #210 Letter Motion for Leave to File Document. Application GRANTED. Plaintiffs shall file their motion to compel and for sanctions by February 6, 2018; Defendants' opposition is due on February 27, 2018; Plaintiffs' reply in support of their motion is due on March 6, 2018. Discovery is stayed from the date of this Endorsement through the pendency of Plaintiffs' motion to compel. The parties are directed to appear for a conference with the Court on this motion and on Plaintiffs' motion for contempt on March 22, 2018, at 3:00 p.m., in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The Court is also in receipt of Mr. Jesser's letter, dated January 17, 2018, advising the Court that Mr. Wagner has filed for bankruptcy in the District of Rhode Island. (Dkt. #211). These proceedings are stayed as to Mr. Wagner only. Mr. Wagner should still be present at the March 22, 2018 conference with the Court in his capacity as a representative of the corporate Defendants. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/17/2018) Copies Mailed By Chambers. (rj)
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Filing 214
MEMO ENDORSEMENT on re: #211 Letter regarding Requested Motion For Stay of Proceedings Against Defendant Mr. Wagner filed by David W. Wagner. ENDORSEMENT: Application GRANTED. These proceedings are stayed as to Mr. Wagner only, and only in his individual capacity. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/17/2018) (rj) Modified on 1/19/2018 (rj).
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| Filing 212 FIRST LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 01/17/2018 re: Doc. 210. Document filed by Richard Buckingham. (Attachments: #1 Supplement)(Jesser, Steven) |
| Filing 211 FIRST LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 01/17/2018 re: Requested Motion For Stay of Proceedings Against Defendant Mr. Wagner. Document filed by David W. Wagner.(Jesser, Steven) |
| Filing 210 FIRST LETTER MOTION for Leave to File Motion to Compel and for Sanctions against Defendant Wagner, Buckingham, Lawrence, Downing Investment Partners, LP, Downing Partners, LLC, 3si Systems, LLC and IVC Healthcom, LLC addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 1/17/2018. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
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Filing 209
MEMO ENDORSED: granting #207 Letter Motion for Leave to File Document. ENDORSEMENT: Application GRANTED. Plaintiffs shall file their motion for contempt by February 6, 2018; Defendants' opposition is due on February 27, 2018; Plaintiffs' reply in support of their motion is due on March 6, 2017. The parties are directed to appear for a conference with the Court on Plaintiffs' motion on March 22, 2018, at 3:00 p.m., in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. Mr. Wagner must be present at this conference.A copy of this Order was mailed by Chambers (Signed by Judge Katherine Polk Failla on 1/17/2018) (js)
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| Filing 208 MEMO ENDORSED granting #206 Letter Motion for Leave to File Document. ENDORSEMENT: Application GRANTED. Mr. Jesser is directed to provide Mr. Lawrence with a copy of this Endorsement. Mr. Jesser is further directed to apprise Mr. Lawrence of developments in this case for the next 30 days until February 15, 2018, at which point Mr. Lawrence should inform the Court whether he has retained new counsel or will proceed pro se. If Mr. Lawrence wishes to proceed pro se he is directed to provide the Court with a current mailing address where the Court may send future notices in this case. (Signed by Judge Katherine Polk Failla on 1/17/2018) (js) |
| Set/Reset Deadlines as to Motion Hearing set for 3/22/2018 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (js) |
| Set/Reset Deadlines: ( Motions due by 2/6/2018., Responses due by 2/27/2018, Replies due by 3/6/2018.), Set/Reset Hearings: (js) |
| Filing 207 SECOND LETTER MOTION for Leave to File Motion for Contempt against Defendant Wagner. Downing Investment Partners, LP and Downing Partners, LLC addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 1/16/2018. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Filing 206 LETTER MOTION for Leave to File Letter Motion For Leave To Appear For Defendant Mr. Lawrence addressed to Judge Katherine Polk Failla from Steven H. Jesser dated January 11, 2018. Document filed by David W. Wagner.(Jesser, Steven) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 1/5/2018. (Court Reporter Alena Lynch) (Lopez, Jose) |
| Filing 205 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Richard Buckingham. (Jesser, Steven) |
| Filing 204 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Downing Health Technologies, LLC. (Jesser, Steven) |
| Filing 203 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Downing Investment Partners, LP. (Jesser, Steven) |
| Filing 202 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Downing Medical Device Group, LLC. (Jesser, Steven) |
| Filing 201 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of IVC Healthcom, LLC. (Jesser, Steven) |
| Filing 200 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Marc M Lawrence. (Jesser, Steven) |
| Filing 199 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Surgical Safety Solutions Interactive, LLC. (Jesser, Steven) |
| Filing 198 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Surgical Safety Solutions, LLC. (Jesser, Steven) |
| Filing 197 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of David W. Wagner. (Jesser, Steven) |
| Filing 196 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of Downing Partners, LLC. (Jesser, Steven) |
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Filing 195
ENDORSED LETTER: addressed to Judge Katherine Polk Failla, from Ross D. Carmel and Steven H. Jesser, dated December 27, 2017, re: Conference Request. ENDORSEMENT: Application GRANTED. The parties are directed to appear for a telephonic conference with the Court on January 5, 2018, at 2:00 p.m. The parties should call Chambers at (212) 805-0290 with all parties on the line. Mr. Jesser is reminded of his obligation, per the Court's Order dated December 11, 2017, to enter notices of appearance on behalf of all parties he represents. Failure to do so by January 5, 2018, may result in the entry of a default against his clients. (Telephone Conference set for 1/5/2018 at 2:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/28/2017) (ap)
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Filing 194
ORDER terminating #189 Letter Motion for Discovery; terminating #192 Letter Motion for Discovery: The Court has reviewed the parties' letters regarding discovery (Dkt. #189, 190, 191, 192, 193), and the Court accepts Mr. Jesser's representation that he is continuing to amend and supplement responses to Plaintiffs' discovery requests. Toward that end, the parties are directed to file a joint letter on or before December 31, 2017, informing the Court whether any dispute remains regarding Mr. Jesser's responses. The period for fact discovery is tolled from December 5, 2017, to December 31, 2017. To aid the Court in resolving this and future disputes among the parties, Mr. Jesser is directed to file notices of appearance, no later than December 31, 2017, for all parties he represents in this matter. (Signed by Judge Katherine Polk Failla on 12/11/2017) Copies Mailed By Chambers. (jwh) Modified on 12/12/2017 (jwh).
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| Set/Reset Deadlines: Fact Discovery due by 12/31/2017. (jwh) Modified on 12/12/2017 (jwh). |
| Filing 193 SECOND LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/10/2017 re: Doc. 192: Plaintiffs' Second Letter Motion. Document filed by 3si Systems, LLC.(Jesser, Steven) |
| Filing 192 SECOND LETTER MOTION for Discovery and Conference addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 12/8/2017. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Filing 191 SECOND LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/07/2017 re: Doc. 189 Pls.'s First Letter Motion. Document filed by 3si Systems, LLC.(Jesser, Steven) |
| Filing 190 FIRST LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/06/2017 re: Doc. 189: Pls.' First Letter Motion. Document filed by 3si Systems, LLC.(Jesser, Steven) |
| Filing 189 FIRST LETTER MOTION for Discovery Conference addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 12/5/2017. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Filing 188 NOTICE OF APPEARANCE by James William Halter on behalf of Jay Pila. (Halter, James) |
| Filing 187 LETTER addressed to Judge Katherine Polk Failla from James Halter dated December 1, 2017 re: Court conference regarding the Writ of Attachment and Receivership orders. Document filed by Jay Pila.(Halter, James) |
| Filing 186 MEMO ENDORSED denying #185 Letter Motion for Extension of Time to Complete Discovery. ENDORSEMENT: Application DENIED. As noted in the Case Management Plan,Paragraph 8(f), "[a]ny of the deadlines in paragraphs 8(a)through 8(e) may be extended by written consent of all parties without application to the Court[.]" Given that the deadline for responses has already passed, the Court will not grant more than the two week extension to which Plaintiff's counsel. (Signed by Judge Katherine Polk Failla on 11/29/2017) (js) |
| Filing 185 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Kevin T. Roberts, Esq. dated November 29, 2017. Document filed by Michael H. Shaut.(Roberts, Kevin) |
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Filing 184
ORDER granting #181 Motion to Withdraw as Attorney. The Court is in receipt of the motion for leave to withdraw filed by Ropers Majeski, Kohn & Bentley ("RMKB"), counsel of record for Defendant Jeff Rice. (Dkt. #181). Following a telephonic conference with Ms. Park of RMKB and Defendant Rice, the Court GRANTS the motion. Defendant Rice is granted leave to proceed pro se. Attorney Kirsten Lee Molloy; Jung Hyun Park; Geoffrey William Heineman and Douglas Henry Miller terminated. (Signed by Judge Katherine Polk Failla on 10/12/2017) Copies Mailed By Chambers. (rj)
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| Filing 183 RULE 26 DISCLOSURE.Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 182 DECLARATION of Jung Park in Support re: #181 AMENDED MOTION for Ropers Majeski Kohn & Bentley to Withdraw as Attorney for Jeff Rice.. Document filed by Jeff Rice. (Molloy, Kirsten) |
| Filing 181 AMENDED MOTION for Ropers Majeski Kohn & Bentley to Withdraw as Attorney for Jeff Rice. Document filed by Jeff Rice.(Molloy, Kirsten) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kirsten Lee Molloy to RE-FILE Document #179 FIRST MOTION for Ropers Majeski Kohn & Bentley to Withdraw as Attorney for Jeff Rice., #180 AMENDED MOTION for Ropers Majeski Kohn & Bentley to Withdraw as Attorney for Defendant, Jeff Rice. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
| Filing 180 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Ropers Majeski Kohn & Bentley to Withdraw as Attorney for Defendant, Jeff Rice. Document filed by Jeff Rice.(Molloy, Kirsten) Modified on 10/6/2017 (db). |
| Filing 179 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Ropers Majeski Kohn & Bentley to Withdraw as Attorney for Jeff Rice. Document filed by Jeff Rice.(Molloy, Kirsten) Modified on 10/6/2017 (db). |
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Filing 178
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). Depositions of fact witnesses shall be completed by 2/2/2018. All fact discovery shall be completed no later than 2/9/2018. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 3/27/2018. Pretrial Conference set for 2/16/2018 at 10:00 AM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Counsel for the parties have conferred and the present best estimate of the length of trial is 3 weeks. This case is to be tried to a jury. No extensions to the fact discovery period will be granted. (Signed by Judge Katherine Polk Failla on 9/25/2017) (mro) Modified on 11/2/2017 (mro).
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| Filing 177 ANSWER to Complaint. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 176 ANSWER to #88 Amended Complaint,, with JURY DEMAND. Document filed by David W. Wagner. (Attachments: #1 Supplement)(Jesser, Steven) |
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Filing 175
ORDER. In both of the above-captioned matters, the parties are hereby ORDERED to file separate Proposed Civil Case Management Plans by September 22, 2017. The Court does not believe it is appropriate to consolidate the Wesley Holdings and Hilderbrand matters, though it will hear them in tandem. Plaintiff's motion is DENIED. The Clerk of Court is directed to terminate the motion in the Wesley Holdings matter, 17 Civ. 3362, at docket entry 37. So ordered. Denying [37 in case no. 17cv3362] Motion to Consolidate Cases. (Signed by Judge Katherine Polk Failla on 9/5/2017). Entry also made in case no. 17cv3362. (rjm)
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Filing 174
ORDER GRANTING #173 MOTION FOR ADMISSION PRO HAC VICE: The motion of Kevin T. Roberts, for admission to practice Pro Hac Vice in the above captioned action is granted. So Ordered. (Signed by Judge Katherine Polk Failla on 8/30/2017) (js)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #173 MOTION for Kevin T. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14068798. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 173 MOTION for Kevin T. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14068798. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael H. Shaut.(Roberts, Kevin) |
| Filing 172 ATTACHMENT BOND: # S-313888 in the amount of $ 500.00 posted by Ryan Detzel, David Hilderbrand, David Kiderman, and Mark Miller. (dt) |
| Filing 171 ANSWER to #88 Amended Complaint,, with JURY DEMAND. Document filed by Jeff Rice.(Molloy, Kirsten) |
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Filing 170
WRIT OF ATTACHMENT: it is hereby ORDERED that the sheriff of the City of New York or of any county in the State of New York, (a) attach property of Defendants Downing Investment Partners LP, Downing Partners,LLC, 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner,within their jurisdiction, at any time before final judgment herein, by levy upon any interest of Defendants Downing Investment Partners LP, Downing Partners, LLC, 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner in personal property and/or upon any debts owed to the Defendants Downing Investment Partners LP, Downing Partners, LLC, 3siSystems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner, (b) levy upon any interest of Defendants Downing Investment Partners LP, Downing Partners, LLC, 3siSystems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner in real property within their jurisdiction, up to $3,000,000, and (c) hold and safely keep all such property and debts paid, delivered, transferred or assigned to him or her or taken into custody, to answer any judgment that may be obtained against Defendants Downing Investment Partners LP, Downing Partners, LLC, 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner; provided, however, that notwithstanding anything in this Order, any action involving or against the 3si Collateral shall be subject to the terms and conditions of this Order and the Receivership Order; it is further ORDERED that non-domiciliaries 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData and David W. Wagner deliver all out-of-state personal property into the City of New York, New York State so that such property may be levied upon by a sheriff; provided, however, that notwithstanding anything in this Order, any action involving or against the 3si Collateral shall be subject to the terms and conditions of this Order and the Receivership Order; it is further ORDERED that Plaintiffs undertaking be and the same hereby is fixed in the sum of $500.00, of which amount the sum of $500.00 thereof is conditioned that the Plaintiffs will pay to the Defendants Downing Investment Partners LP, Downing Partners, LLC, 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner all costs and damages, including reasonable attorney's fees, which may be sustained by reason of the attachment if Defendants Downing Investment Partners LP, Downing Partners, LLC, 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagner recover judgment or it is finally determined that the Plaintiffs were not entitled to an attachment of Defendants Downing Investment Partners LP, Downing Partners, LLC, 3si Systems, LLC, IVC Healthcom, LLC n/k/a Vox MediData, and David W. Wagners property, and the balance thereof is conditioned that the Plaintiffs will pay to the sheriff all of the allowable fees; it is further ORDERED that the amount to be secured by this Writ of Attachment, including any interest, costs, and sheriff fees and expenses shall be $3,000,000; it is further ORDERED that notwithstanding anything in this Order, any grant of attachment, levy or other relief granted by this Order shall not affect the priority or effectiveness of Wesley Holdings' first priority lien over the 3si Collateral; it is further ORDERED that notwithstanding anything in this Order, the Receiver is granted all necessary authority to gather and recover the 3si Collateral, including 3si Collateral transferred away from 3si Systems, LLC to third parties or other Defendants in this action, as authorized by the Court in the Receivership Order; and it is further ORDERED that notwithstanding anything in this Order, the Receiver shall be permitted to market and sell the 3si Collateral, and any other assets collected by the Receiver, in a Court supervised sale or auction, with the proceeds of any such sale or auction first being used to pay the cost of the sale and receivership proceedings, then to satisfy Wesley Holdings' secured claims including any receivership loans, then to be distributed to other creditors in accordance with applicable law. (Signed by Judge Katherine Polk Failla on 8/21/2017) (js) Modified on 8/22/2017 (js).
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Filing 169
ENDORSED LETTER: addressed to Judge Katherine Polk Failla, from Keith R. Murphy, dated August 18, 2017, re: Extension of time. ENDORSEMENT: Application GRANTED. (Docketed as Order on Motion in 17cv3362.) (Signed by Judge Katherine Polk Failla on 8/18/2017) (ap) Modified on 8/21/2017 (ap).
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| Filing 168 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 07/28/2017 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...(Jackson, Jasmine) |
| Filing 167 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/28/2017 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 9/7/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/15/2017.(Jackson, Jasmine) |
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Filing 166
MEMO ENDORSED on MOTION of Defendant Michael Shaut for additional time for new counsel to enter appearance pro hac vice and file answer and cross claims following denial of motion to dismiss: ENDORSEMENT: Application GRANTED in part. Defendant Shaut is hereby ORDERED to file his answer by September 8, 2017. So Ordered. (Signed by Judge Katherine Polk Failla on 8/15/2017) (js)
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| Filing 165 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone confrence proceeding held on 6/27/17 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...(Siwik, Christine) |
| Filing 164 TRANSCRIPT of Proceedings re: telephone Confrence held on 6/27/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Martha Martin, (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 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017.(Siwik, Christine) |
| Filing 163 MEMO ENDORSEMENT on re: #162 FIRST LETTER with respect to #124 Letter Motion for Leave to File Document; with respect to #141 Letter Motion for Leave to File Document. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate the motions at docket entries #124 and #141. (Signed by Judge Katherine Polk Failla on 8/11/2017) (ras) |
| Filing 162 FIRST LETTER addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 8/11/2017 re: Judge's Order dated July 31, 2017. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Filing 161 MEMO ENDORSED granting 72 Letter Motion for Extension of Time filed in Case # 17-cv-3362. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to docket this endorsement in both of the above-referenced matters. (Signed by Judge Katherine Polk Failla on 8/10/2017) (js) |
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Filing 160
ORDER: On July 28, 2017, in an oral decision, the Court granted, among other motions, the Hilderbrand Plaintiffs' motion for attachment in case 16 Civ. 4040 (KPF) and the Wesley Holdings Plaintiff's motion for a receiver in case 17 Civ. 3362 (KPF). On August 4, 2017, counsel for Hilderbrand submitted a proposed writ of attachment. Plaintiffs in Hilderbrand are ORDERED to share the proposed writ with the remaining parties in this and the Wesley Holdings actions. Counsel for the Wesley Holdings plaintiffs are ORDERED to submit a letter responding to the proposed writ by August 18, 2017. (Signed by Judge Katherine Polk Failla on 8/7/2017) (js)
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Filing 159
ORDER denying #153 Letter Motion to Stay ; denying #154 Letter Motion to Stay: The Court is in receipt of two applications. The first, in the Hilderbrand matter, No. 16 Civ. 4040, is from counsel for Defendants Auda and Giffin seeking a stay of the arbitration captioned Hilderbrand v. 3si Systems, et al. (AAA Case No. 01-16-0004-7563) (the "Arbitration"). After reviewing the parties' submissions, the Court does not believe it is necessary or appropriate to stay the Arbitration. The application is DENIED. The Clerk of Court is directed to terminate the motions at docket entries 153 and 154 in this matter. The second application, filed in both the Hilderbrand and the Wesley Holdings matters, is from counsel for Defendant Wagner and certain other defendants seeking a stay of both these cases and the Arbitration for at least a period of 29 days. The Court has reviewed the parties' submissions and is concerned by suggestions from counsel for Wesley Holdings that the representations of defense counsel are not completely accurate. For this reason, the Court DENIES this request as well. If and when defense counsel is able to obtain consensus, or at least consent of a majority of the parties to the two litigations, he may resubmit his request for a stay. (Signed by Judge Katherine Polk Failla on 8/3/2017) (jwh)
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| Filing 158 NOTICE OF APPEARANCE by Douglas Henry Miller on behalf of Jeff Rice. (Miller, Douglas) |
| Filing 157 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated August 2, 2017 re: Request To File Motion. Document filed by 3si Systems, LLC.(Jesser, Steven) |
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Filing 156
ORDER: The Court is in receipt of e-mail correspondence dated August 1, 2017 from Mr. Steven Jesser, counsel for Defendants 3si Systems, LLC, Buckingham, and Auda. Per the Courts Individual Rules of Practice in Civil Cases, all correspondence with the Court should be by letter and filed on ECF. If counsel is unfamiliar with the ECF system, the ECF Help Desk can be reached at (212) 805-0800. The Court does not understand Mr. Jesser to be requesting any relief from the Court in his letter but, if counsel wishes to do so counsel should clarify that in a letter. (Signed by Judge Katherine Polk Failla on 8/1/2017) (js)
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| Filing 155 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated August 1, 2017 re: Arbitration. Document filed by 3si Systems, LLC.(Jesser, Steven) |
| Filing 154 FIRST LETTER MOTION to Stay Opposition to Stay Arbitration addressed to Judge Katherine Polk Failla from Plaintiff David Hilderbrand dated 8/1/2017. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Brett Giffin and Marco Zenati terminated. (Signed by Judge Katherine Polk Failla on 7/31/2017) (ap) |
| Filing 153 LETTER MOTION to Stay the related Hilderbrand arbitration in light of the receivership motion being granted addressed to Judge Katherine Polk Failla from Jung Park dated July 31, 2017. Document filed by Jeff Rice.(Park, Jung) |
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Filing 152
ORDER: granting in part and denying in part #98 Motion to Dismiss. In the Hilderbrand matter, No. 16 Civ. 4040, the Court GRANTS IN PART and DENIES IN PART Defendants motion to dismiss various causes of action pleaded in the Second Amended Complaint, as follows: The Court grants Defendants' motion to dismiss the claims for fraudulent inducement (Cause of Action 10), fraud (Cause of Action 11), and securities fraud (Cause of Action 13) as to Defendants Rice, Giffin, Auda, and Zenati, and denies the motion as to all other applicable Defendants. The Court grants Defendants' motion to dismiss Plaintiff Hilderbrand's California labor law claims (Cause of Action 5-6), which dismissal was represented to be unopposed by Plaintiff. The Court also grants Defendants' motion to dismiss claims under the Fair Labor Standards Act (Cause of Action 2, as to all Plaintiffs), the New York Labor Law (Cause of Action 3, as to Plaintiff Kiderman), the Ohio Prompt Pay Act (Cause of Action 4, as to Plaintiff Detzel), and the California labor laws (Causes of Action 7-8, as to Plaintiff Miller), with respect to Defendants Downing Investment Partners LP, Giffin, and Auda, and denies Defendants' motion to dismiss these claims as to all other applicable Defendants. The Court grants Defendants motion to dismiss the negligent misrepresentation claim (Cause of Action 12) as to Defendants Rice, Giffin, Auda, and Zenati, and denies Defendants' motion to dismiss this claim as to all other applicable Defendants. Finally, the Court grants Defendants' motion to dismiss the unjust enrichment claim (Cause of Action 14) as to all Defendants. The Clerk of Court is directed to terminate the motion at docket entry 98. Plaintiffs in this action will advise the Court of their positions concerning (i) whether they wish to file a Third Amended Complaint and (ii) their pending motions for contempt on or before August 11, 2017. Also in the Hilderbrand matter, No. 16 Civ. 4040, the Court GRANTS IN PART and DENIES IN PART Plaintiffs motion for a writ of attachment as follows: The Court grants Plaintiffs motion for an order of attachment as to Defendants IVC Healthcom, LLC; and 3SI Systems, LLC, Downing Investment Partners LP, Downing Partners LLC, and Wagner, and denies the motion as to Defendants Shaut, Lawrence, and Buckingham. The Clerk of Court is directed to terminate the motion at docket entry 96. In the Wesley Holdings matter, No. 17 Civ. 3362, the Court GRANTS Plaintiff's motion for the appointment of a receiver. The parties to this litigation will submit a form order for the Courts consideration on or before August 11, 2017. The Clerk of Court is directed to terminate the motion at docket entry 32. (Signed by Judge Katherine Polk Failla on 7/31/2017) (ap)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference: In re: Court Decision held on 7/28/2017. (Court Reporter Alena Lynch) (Lopez, Jose) |
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Filing 151
NOTICE OF DISMISSAL OF MICHAEL GRUMBINE AND GEORGE ROBBIE WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs David Hilderbrand, David Kiderman, Ryan Detzel,and Mark miller hereby dismiss with prejudice their claims against Defendants Michael Grumbine and George Robbie with each party to bear their own attorneys' fees and costs. This dismissal is without prejudice to the claims against all other defendants in this action. ENDORSEMENT: The Clerk of Court is directed to terminate this action as to Defendants Grumbine and Robbie only. So Ordered (Signed by Judge Katherine Polk Failla on 7/25/2017) (js)
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| Filing 150 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Michael Grumbine, George Robbie and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mark Miller, David Hilderbrand, David Kiderman, Ryan Detzel.(Carmel, Ross) |
| Minute Entry Telephone Conference set for 7/28/2017 at 10:00am. (Lopez, Jose) |
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Filing 149
MEMO ENDORSEMENT on re: #148 LETTER addressed to Judge Katherine Polk Failla from Michael Shaut (undated) re: RESPONSE OF DEFENDANT MICHAEL SHAUT TO COURT CONFERENCE ON JUNE 27, 2017 ON REPRESENTATION. Pursuant to your Honor's Order in the telephonic Conference on June 27, Mr. Shaut is responding on behalf of himself regarding his representation in this matter. Document filed by Michael H. Shaut. ENDORSEMENT: Defendant Shaut's application to proceed pro se henceforth is GRANTED. Mr. Shaut will review the Court's Individual Rules of Practice in Civil Cases, a copy of which is attached to this Endorsement, and in particular note those provisions applicable to pro se parties. So ordered. (Signed by Judge Katherine Polk Failla on 7/6/2017) Copies Mailed By Chambers. (rjm) Modified on 7/17/2017 (rjm).
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| Filing 148 LETTER addressed to Judge Katherine Polk Failla from Michael Shaut dated (undated) re: RESPONSE OF DEFENDANT MICHAEL SHAUT TO COURT CONFERENCE ON JUNE 27, 2017 ON REPRESENTATION. Pursuant to your Honor's Order in the telephonic Conference on June 27, Mr. Shaut is responding on behalf of himself regarding his representation in this matter. Document filed by Michael H. Shaut. (rjm). |
| Filing 147 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated June 30, 2017 re: Defendants' Representation. Document filed by Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 6/27/2017. (Court Reporter Martha Drevis) (Lopez, Jose) |
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Filing 146
ORDER denying #145 LETTER MOTION to Adjourn Conference scheduled pursuant to ECF Doc. No. 144 addressed to Judge Katherine Polk Failla from Jung Park dated June 20, 2017. Document filed by Michael Grumbine, Jeff Rice, George Robbie. In light of the fact that no one has disputed Mr. Shaut's representation to the Court that Ms. Park recently considered representing Mr. Shaut but due to a conflict never entered into such representation, Ms. Park's presence during the June 27, 2017 telephonic conference is excused. If Ms. Park disputes this assertion or otherwise would like to raise something to the Court's attention, she will promptly file a letter to that effect. Accordingly, Mr. Jesser and Mr. Shaut will appear for the telephonic conference presently scheduled for June 27, 2017, at 2:30 p.m. to discuss Mr. Shaut's letter (Dkt. 143). The parties shall contact Chambers at (212) 805-0290 with both parties present on the line. So ordered. (Signed by Judge Katherine Polk Failla on 6/20/2017) Copies Mailed By Chambers. (rjm)
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| Filing 145 LETTER MOTION to Adjourn Conference scheduled pursuant to ECF Doc. No. 144 addressed to Judge Katherine Polk Failla from Jung Park dated June 20, 2017. Document filed by Michael Grumbine, Jeff Rice, George Robbie.(Molloy, Kirsten) |
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Filing 144
MEMO ENDORSEMENT on re: #143 RESPONSE OF DEFENDANT MICHAEL SHAUT TO PLAINTIFF'S CONTEMPT MOTION ON LACK OF DISCOVERY RESPONSES FROM DEFENDANTS filed by Michael H. Shaut. ENDORSEMENT: It is hereby ORDERED that Mr. Shaut as well as both defense counsel Mr. Jesser and Ms. Park of the Ropers Majeski firm appear via telephone for a conference with the Court on June 27, 2017, at 2:30 p.m. to discuss the representations made in Mr. Shaut's letter above. The parties shall contact Chambers at (212) 805-0290 with all parties present on the line. So ordered. (Telephone Conference set for 6/27/2017 at 02:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/20/2017) Copies Mailed By Chambers. (rjm)
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| Filing 143 RESPONSE OF DEFENDANT MICHAEL SHAUT TO PLAINTIFF'S CONTEMPT MOTION ON LACK OF DISCOVERY RESPONSES FROM DEFENDANTS re: #141 SECOND LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 6/13/17. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. Document filed by Michael H. Shaut. (rjm) |
| Filing 142 LETTER addressed to Judge Katherine Polk Failla from Jung Park dated June 15, 2017 re: Inventory of 3si Equipment. Document filed by Michael Grumbine, Jeff Rice, George Robbie.(Molloy, Kirsten) |
| Filing 141 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 6/13/17. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) Modified on 8/16/2017 (ldi). |
| Filing 140 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/25/17 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 139 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/25/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 6/28/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/5/2017.(McGuirk, Kelly) |
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Filing 138
ORDER. Given the procedural history thus far, the Court is concerned about these issues and, therefore, ORDERS that by June 23, 2017, Mr. Jesser file a letter, no longer than two pages in length, on the Court's Electronic Case Filing System in both actions clearly and succinctly describing (i) the status of his representation of Defendants, and (ii) how Defendants in each action intend to modify or supplement their representation going forward. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/26/2017) (rjm)
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Filing 137
ORDER: Pursuant to the conference held in the above-referenced matters on May 25, 2017, the following schedule is hereby ORDERED in Wesley Holdings Ltd. v. 3SI Systems, LLC, et al., 17 Civ. 3362: Defendants' brief in opposition to Plaintiff's motion for the appointment of a receiver over substantially all of the assets of Defendant 3si Systems, LLC (see Dkt. #32) is due June 16, 2017, and Plaintiff's reply brief in support of its motion is due June 23, 2017. So ordered. (Responses due by 6/16/2017. Replies due by 6/23/2017). (Signed by Judge Katherine Polk Failla on 5/26/2017) (rjm)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 5/25/2017. (Court Reporter Sonya Ketter) (Lopez, Jose) |
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Filing 135
NOTICE OF DISMISSAL OF GLENN HAUFLER WITH PREJUDICE. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs David Hilderbrand, David Kiderman, Ryan Detzel, and Mark Miller hereby dismiss with prejudice their claims against Defendant Glenn Haufler with each party to bear their own attorneys' fees and costs. This dismissal is without prejudice to the claims against all other defendants in this action. SO ORDERED. The Clerk of Court is directed to termination this action as to the Defendant identified above. Glenn Haufler terminated. (Signed by Judge Katherine Polk Failla on 5/16/2017) (rjm) Modified on 6/7/2017 (rjm).
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ross Carmel for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #134 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
| Filing 134 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Glenn Haufler and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mark Miller, David Hilderbrand, David Kiderman, Ryan Detzel.(Carmel, Ross) Modified on 5/16/2017 (km). |
| Filing 136 LETTER addressed to Judge Katherine Polk Failla from Glen Haufler dated 5/5/2017 re: Pursuant to your May 5th Order, I hereby state that I do not have any knowledge concerning the loan or asset transfers referenced in the April 27th letter from Plaintiff's counsel, and as further specified in this letter. Document filed by Glenn Haufler. (rjm) |
| Filing 133 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated May 9, 2017 re: Request for Counsel for Wesley Holdings Ltd. to Attend Status Conference. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1: Complaint, #2 Exhibit 2: Related Case Statement, #3 Exhibit 3: Memorandum of Law in Support of Plaintiff's Motion to Consolidate Actions, #4 Exhibit 4: Memorandum of Law in Support of Plaintiff's Motion for Appointment of Receiver)(Murphy, Keith) |
| Filing 132 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Steven H. Jesser dated May 8, 2017 re: #124 FIRST LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Kiderman, Hilderbrand, Detzel and Miller dated 4/27/2017. . Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC. (Jesser, Steven) |
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Filing 131
ORDER: The pre-motion conference previously scheduled for May 12, 2017, (Dkt. #130), is hereby adjourned to May 25, 2017, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. As a reminder, the group of Defendants represented by Mr. Jesser shall file their letter in opposition to Plaintiffs pre-motion letter by May 8, 2017. (See Dkt. #130). Plaintiff's will forward a copy of this Order to Defendant Haufler, who is currently proceeding pro se; upon receipt, Mr. Haufler will submit to the Court a letter containing his contact information as well as his position with respect to Plaintiffs' pre-motion letter (Dkt. #124). (Pre-Motion Conference set for 5/25/2017 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 5/5/2017) (ap)
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Filing 130
MEMO ENDORSEMENT on re: #128 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Kirsten L. Molloy dated April 28, 2017 re: 124 FIRST LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Kiderman, Hilderbrand, Detzel and Miller dated 4/27/2017. Document filed by Michael Grumbine, Jeff Rice, George Robbie. ENDORSEMENT: The Court is in receipt of Plaintiffs' pre-motion letter for contempt (Dkt. #124); the opposition letter above on behalf of Defendants Grumbine, Robbie, and Rice (Dkt. #128); and a series of emails from counsel Steven Jesser on behalf of all remaining Defendants except Mr. Haufler. Mr. Jesser is directed to familiarize himself with the Court's Individual Rules of Practice in Civil Cases, located on the Court's website. As relevant here, Rule 2.A. provides: "Except as otherwise provided below, communications with the Court should be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, letters should be filed electronically on ECF, with a courtesy copy, clearly marked as such, delivered to the court via e-mail (Failla_NYSDChambers@nysd.uscourts.gov). E-mails shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the e-mail; such communications shall be included only in the body of the letter." Plaintiffs' application for a conference is granted. A pre-motion conference is set for May 12, 2017, at 4:00 P.M. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The group of Defendants represented by Mr. Jesser shall file their letter in opposition to Plaintiffs' pre-motion letter by May 8, 2017. The opposition letter and its submission will be compliant with Rule 4.A. of the Court's Individual Rules. Mr. Jesser will forward a copy of this Order to Mr. Haufler, who is currently proceeding pro se. Upon receipt, Mr. Haufler will submit to the Court a letter containing his contact information as well as his position with respect to Plaintiffs' pre-motion letter. So ordered. (Pre-Motion Conference set for 5/12/2017 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/28/2017) (rjm).
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| Filing 129 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 04/28/2017 re: #124 FIRST LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Kiderman, Hilderbrand, Detzel and Miller dated 4/27/2017. . Document filed by David W. Wagner. (Jesser, Steven) |
| Filing 128 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Kirsten L. Molloy dated April 28, 2017 re: #124 FIRST LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Kiderman, Hilderbrand, Detzel and Miller dated 4/27/2017. . Document filed by Michael Grumbine, Jeff Rice, George Robbie. (Molloy, Kirsten) |
| Filing 127 REPLY MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss Notice of and Motion. Filed pursuant to the Order dated 4/14/17 (Doc. No. 123). Document filed by Michael Grumbine, Jeff Rice, George Robbie. (Attachments: #1 Exhibit A)(Molloy, Kirsten) |
| Filing 126 NOTICE OF APPEARANCE by Kirsten Lee Molloy on behalf of Michael Grumbine, Jeff Rice, George Robbie. (Molloy, Kirsten) |
| Filing 125 SEALED DOCUMENT placed in vault.(rz) |
| Filing 124 FIRST LETTER MOTION for Leave to File Motion for Contempt of the Court's Order addressed to Judge Katherine Polk Failla from Kiderman, Hilderbrand, Detzel and Miller dated 4/27/2017. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
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Filing 123
ORDER granting #120 Letter Motion for Leave to File Document. The representations on page two, above, cause concern to the Court. By April 21, 2017, Mr. Jesser is directed to respond to the assertions made concerning his representation of the individual defendants in this matter and also to confirm that in fact he has the authority to represent all of the remaining Defendants identified in his Notice of Appearance (Dkt. #114), i.e., those not represented by the Ropers Majeski Kohn and Bentley firm as a result of the series of recent substitution notices. (Dkt. #116-119, 121-22). The application of Defendants Grumbine, Robbie, and Rice to file a supplemental reply brief is GRANTED. Their reply brief is due April 28, 2017. (Signed by Judge Katherine Polk Failla on 4/14/2017) (cla)
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Filing 122
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Jeff Rice substitutes Jung H. Park, Esq., as counsel of record in place of Steven H. Jesser, Esq. The substitution of attorney is hereby approved and so ORDERED. (Attorney Jung Hyun Park for Jeff Rice added.) (Signed by Judge Katherine Polk Failla on 4/14/2017) (cla) Modified on 4/17/2017 (cla).
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Filing 121
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Jeff Rice substitutes Geoffrey W. Heineman, Esq., as counsel of record in place of Steven H. Jesser, Esq. The substitution of attorney is hereby approved and so ORDERED. (Attorney Geoffrey William Heineman for Jeff Rice added.) (Signed by Judge Katherine Polk Failla on 4/14/2017) (cla) Modified on 4/17/2017 (cla).
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| Set/Reset Deadlines: Replies due by 4/28/2017. (cla) |
| Filing 120 FIRST LETTER MOTION for Leave to File Reply Papers In Further Support oif Defendants' Partial Motion to Dismiss the Second Amended Complaint addressed to Judge Katherine Polk Failla from Jung H. Park, Esq. dated April 13, 2017. Document filed by Michael Grumbine, George Robbie.(Park, Jung) |
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Filing 119
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby give that, subject to approval by the court, Michael Grumbine substitutes June H. Park, Esq., State Bar No. 2937431 as counsel of record in place of Steven H. Jesser, Esq. The substitution of attorney is hereby approved and so ORDERED. Attorney Jung Hyun Park for Michael Grumbine added. (Signed by Judge Katherine Polk Failla on 3/30/2017) (ap)
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Filing 118
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby give that, subject to approval by the court, Michael Grumbine substitutes Geoffrey W. Heineman, Esq., State Bar No. 1908334 as counsel of record in place of Steven H. Jesser, Esq. The substitution of attorney is hereby approved and so ORDERED. Attorney Geoffrey William Heineman for Michael Grumbine added. (Signed by Judge Katherine Polk Failla on 3/30/2017) (ap)
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Filing 117
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby give that, subject to approval by the court, George Robbie substitutes June H. Park, Esq., State Bar No. 2937431 as counsel of record in place of Steven H. Jesser, Esq. The substitution of attorney is hereby approved and so ORDERED. Attorney Jung Hyun Park for George Robbie added. (Signed by Judge Katherine Polk Failla on 3/30/2017) (ap)
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Filing 116
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby give that, subject to approval by the court, George Robbie substitutes Geoffrey W. Heineman, Esq., State Bar No. 1908334 as counsel of record in place of Steven H. Jesser, Esq. The substitution of attorney is hereby approved and so ORDERED. Attorney Geoffrey William Heineman for George Robbie added. (Signed by Judge Katherine Polk Failla on 3/30/2017) (ap)
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| Filing 115 FIRST REPLY MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss Notice of and Motion. and Dendants. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Paul Giroux, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Mark Miller, Jay Pila, Brad Pulver, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Jesser, Steven) |
| Filing 114 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of 3si Systems, LLC, Greg Auda, Richard Buckingham. (Jesser, Steven) |
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Filing 113
ORDER: On January 11, 2017, the Court granted Brown Neri Smith & Khan, LLP's motion for leave to withdraw as counsel of record for Defendants, and ordered that new counsel for Defendants enter an appearance in this matter by February 6, 2017. (Dkt. #111). In light of that withdrawal, the deadline for the filing of Defendants' reply brief is hereby adjourned from January 30, 2017 (see Dkt. #94), to February 27, 2017. ( Replies due by 2/27/2017.) (Signed by Judge Katherine Polk Failla on 1/13/2017) (mro)
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| Filing 112 FIRST MEMORANDUM OF LAW in Opposition re: #98 MOTION to Dismiss Notice of and Motion. . Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Exhibit Exhibit A - IVC PPM)(Carmel, Ross) |
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Filing 111
ORDER granting #108 Motion to Withdraw as Attorney. For the reasons stated on the record at a conference held on January 6, 2017, Brown Neri Smith & Khan, LLP's motion for leave to withdraw as counsel of record for Defendants (Dkt. #108) is hereby GRANTED. Defendants have represented that the process of retaining new counsel is underway; as indicated at the conference, it is expected that new counsel for Defendants will enter their appearance by February 6, 2017. Attorney Ethan Joseph Brown and Sara C. Colon terminated. (Signed by Judge Katherine Polk Failla on 1/10/2017) (mro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 1/6/2017. (Court Reporter Rebecca Forman) (Lopez, Jose) |
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Filing 110
ORDER. The Court is in receipt of the motion for leave to withdraw filed by Brown Neri Smith & Khan, LLP ("BNSK"), counsel of record for Defendants. (Dkt. #108). Having considered the relevant parties' availabilities, a conference is hereby set for January 6, 2017, at 5:00 PM EST in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Defense counsel, all individual Defendants, and a representative of each corporate Defendant must appear. Anyone who will not be in the New York metro area on this date may appear telephonically; defense counsel shall coordinate the call and contact Chambers at (212) 805-0290 with the relevant parties present on the line. As this conference concerns defense counsel's motion to withdraw, Plaintiffs and their counsel need not appear. SO ORDERED. (Conference set for 1/6/2017 at 05:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/4/2017) (rjm)
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| Filing 109 NOTICE of of Corrected Filing re: #99 Memorandum of Law in Support of Motion,. Document filed by 3si Systems, LLC, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Michael Grumbine, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati. (Colon, Sara) |
| Filing 108 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brown Neri Smith & Khan, LLP to Withdraw as Attorney of Record for Downing Defendants. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Attachments: #1 Affidavit of Ethan J. Brown)(Colon, Sara) Modified on 1/18/2017 (db). |
| Filing 107 AFFIRMATION of Ross Carmel in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence .. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Exhibit Exhibit A to Carmel Affirmation, #2 Exhibit Exhibit B to Carmel Affirmation, #3 Exhibit Exhibit C to Carmel Affirmation, #4 Exhibit Exhibit D to Carmel Affirmation, #5 Exhibit Exhibit E to Carmel Affirmation, #6 Exhibit Exhibit F to Carmel Affirmation, #7 Exhibit Exhibit G to Carmel Affirmation, #8 Exhibit Exhibit H to Carmel Affirmation, #9 Exhibit Exhibit I to Carmel Affirmation)(Carmel, Ross) |
| Filing 106 AFFIDAVIT of David Hilderbrand in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence .. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Exhibit Exhibit A to Hilderbrand Affidavit, #2 Exhibit Exhibit B to Hilderbrand Affidavit, #3 Exhibit Exhibit C to Hilderbrand Affidavit)(Carmel, Ross) |
| Filing 105 AFFIDAVIT of Mark Miller in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence .. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Exhibit Exhibit A to Miller Affidavit, #2 Exhibit Exhibit B to Miller Affidavit, #3 Exhibit Exhibit C to Miller Affidavit)(Carmel, Ross) |
| Filing 104 AFFIDAVIT of David Kiderman in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence .. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Exhibit Exhibit A to Kiderman Affidavit, #2 Exhibit Exhibit B to Kiderman Affidavit)(Carmel, Ross) |
| Filing 103 AFFIDAVIT of Ryan Detzel in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence .. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Exhibit Exhibit A to Detzel Affidavit, #2 Exhibit Exhibit B to Detzel Affidavit)(Carmel, Ross) |
| Filing 102 FIRST MEMORANDUM OF LAW in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence . . Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Carmel, Ross) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ross David Carmel to RE-FILE Document #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence . (1) Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (2) Motion for Writ of Attachment WAS NOT FILED. (3) Supporting Documents are filed separately, each receiving their own document #'s. First file Motion, then file and link any supporting documents. (db) |
| Filing 101 NOTICE of Corrected Filing re Request for Judicial Notice re: #99 Memorandum of Law in Support of Motion,. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati. (Colon, Sara) |
| Filing 100 FIRST REPLY MEMORANDUM OF LAW in Support re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence . . Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Carmel, Ross) |
| Filing 99 MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss Notice of and Motion. . Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati. (Attachments: #1 Supplement Request for Judicial Notice)(Colon, Sara) |
| Filing 98 MOTION to Dismiss Notice of and Motion. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati. Responses due by 1/13/2017(Colon, Sara) |
| Filing 97 MEMORANDUM OF LAW in Opposition re: #96 FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence . . Document filed by 3si Systems, LLC, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati. (Attachments: #1 Affidavit of David Wagner)(Colon, Sara) |
| Filing 96 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Writ of Attachment as to Downing Partners, LLC, Downing Investment Partners, LP, 3si Systems, LLC, IVC Healthcom, LLC, David W. Wagner, Michael H. Shaut, Richard Buckingham and Marc M. Lawrence . Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Attachments: #1 Text of Proposed Order Order to Show Cause, #2 Affidavit Affidavit of Plaintiff Detzel, #3 Exhibit Exhibit A to Plaintiff Detzel Affidavit, #4 Exhibit Exhibit B to Plaintiff Detzel Affidavit, #5 Affidavit Affidavit of Plaintiff Kiderman, #6 Exhibit Exhibit A to Plaintiff Kiderman Affidavit, #7 Exhibit Exhibit B to Plaintiff Kiderman Affidavit, #8 Affidavit Affidavit of Plaintiff Miller, #9 Exhibit Exhibit A to Plaintiff Miller Affidavit, #10 Exhibit Exhibit B to Plaintiff Miller Affidavit, #11 Exhibit Exhibit C to Plaintiff Miller Affidavit, #12 Affidavit Affidavit of Plaintiff Hilderbrand, #13 Exhibit Exhibit A to Plaintiff Hilderbrand Affidavit, #14 Exhibit Exhibit B to Plaintiff Hilderbrand Affidavit, #15 Exhibit Exhibit C to Plaintiff Hilderbrand Affidavit, #16 Affidavit Affirmation of Carmel, #17 Exhibit Exhibit A to Carmel Affirmation, #18 Exhibit Exhibit B to Carmel Affirmation, #19 Exhibit Exhibit C to Carmel Affirmation, #20 Exhibit Exhibit D to Carmel Affirmation, #21 Exhibit Exhibit E to Carmel Affirmation, #22 Exhibit Exhibit F to Carmel Affirmation, #23 Exhibit Exhibit G to Carmel Affirmation, #24 Exhibit Exhibit H to Carmel Affirmation, #25 Exhibit Exhibit I to Carmel Affirmation)(Carmel, Ross) Modified on 12/9/2016 (db). |
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Filing 95
STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION: NOW THEREFORE, based on the terms provided below, Plaintiffs and Defendants hereby stipulate and agree that: Defendants Downing Investment Partners, LP ("DIP"), Downing Partners, LP ("DP"),3SI Systems, LLC ("3SI"), IVC Healthcom, LLC ("IVC"), as well as CliniFlow Technologies, LLC ("CliniFlow") and Hanover Square Capital Partners, LP ("Hanover") (collectively, the "Entities"; individually, an "Entity"), shall not engage in extraordinary transactions without the prior approval of either the Plaintiffs or the Court, but shall be permitted to operate the Entities in the ordinary course; And as set forth herein. The parties request that the Court set a briefing schedule on the motion for attachment. The parties suggest: Opposition December 2; Reply December 9. Plaintiff request oral argument thereafter to be set by the Court. The parties' proposed briefing schedule is also so-ordered. Consistent with Rule 4 of the Court's Individual Rules of Civil Practice, the moving party shall mail or hand-deliver one courtesy copy of all motion papers and supporting exhibits at the time the reply is served. The parties should also file all motions papers and supporting exhibits on ECF. SO ORDERED., ( Responses due by 12/2/2016, Replies due by 12/9/2016.) (Signed by Judge Katherine Polk Failla on 11/17/2016) (ama)
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Filing 94
ORDER granting #93 Letter Motion for Conference re filing of partial motion to dismiss. Application GRANTED. Defendants partial motion to dismiss the Second Amended Complaint and their brief in support thereof are due December 5, 2016; Plaintiffs opposition brief is due January 13, 2017; Defendants reply brief is due January 30, 2017. (Signed by Judge Katherine Polk Failla on 10/31/2016) (cla)
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| Set/Reset Deadlines: Motions due by 12/5/2016. Responses due by 1/13/2017 Replies due by 1/30/2017. (cla) |
| Filing 93 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re filing of partial motion to dismiss addressed to Judge Katherine Polk Failla from Sara C. Colon dated October 28, 2016. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati.(Colon, Sara) Modified on 11/16/2016 (db). |
| Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 9/15/16 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 91 TRANSCRIPT of Proceedings re: argument held on 9/15/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Pamela Utter, (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 11/10/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/18/2017.(McGuirk, Kelly) |
| Filing 90 EXHIBIT TO PLEADING re: #88 Amended Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| Filing 89 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE EXHIBIT TO PLEADING re: #88 Amended Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) Modified on 10/12/2016 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ross Carmel re: Document No. #88 Amended Complaint. The filing is deficient for the following reason(s): the order granting permission to file the pleading was not attached. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (laq) |
| Filing 88 - SECOND AMENDED COMPLAINT amending #69 Amended Complaint,,, against 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, David W. Wagner, Marco Zenati with JURY DEMAND.Document filed by Mark Miller, David Hilderbrand, David Kiderman, Ryan Detzel. Related document: #69 Amended Complaint,,, filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman.(Carmel, Ross) Modified on 10/11/2016 (laq). Modified on 10/14/2016 (dgo). |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 9/15/2016. (Court Reporter Pamela Utter) (Lopez, Jose) |
| Filing 87 NOTICE OF DISMISSAL OF PAUL GIROUX WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs David Hilderbrand, David Kiderman, Ryan Detzel, and Mark Miller hereby dismiss with prejudice their claims against Defendant Paul Giroux with each party to bear their own attorneys' fees and costs. This dismissal is without prejudice to the claims against all other defendants in this action. Paul Giroux terminated. (Signed by Judge Katherine Polk Failla on 9/7/2016) (tn) |
| Filing 86 NOTICE OF DISMISSAL OF BRAD PULVER WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiffs David Hilderbrand, David Kiderman, Ryan Detzel, and Mark Miller hereby dismiss with prejudice their claims against defendant Brad Pulver with each party to bear their own attorneys' fees and costs. This dismissal is without prejudice to the claims against all other defendants in this action. Brad Pulver terminated. (Signed by Judge Katherine Polk Failla on 8/23/2016) (tn) |
| Filing 85 STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Plaintiffs David Hilderband, David Kiderman, Ryan Detzel, and Mark Miller (collectively "Plaintiffs") and Defendant Jay Pila ("Defendant Pila") by their undersigned counsel, hereby stipulate to the dismissal of each and all of Plaintiffs' claims against Defendant Pila in their entirety, without prejudice and without any admission of liability. Each party shall bear their own costs and expenses incurred in connection with this matter. Jay Pila terminated. (Signed by Judge Katherine Polk Failla on 8/23/2016) (tn) Modified on 8/24/2016 (tn). |
| Filing 84 STIPULATION GRANTING EXTENSION OF TIME TO ANSWER PLAINTIFF'S COMPLAINT: Mr. Giroux shall have an extension of thirty (30) days from August 24, 2016 to file an Answer to Plaintiffs' Amended Complaint. Mr. Giroux must file his Answer to Plaintiffs Amended Complaint by September 23, 2016. In light of the many extensions and adjournments previously granted in this matter, including the Court's endorsement of a 30-day stipulated extension for Defendant Paul Giroux to answer or otherwise respond, (Dkt. #73), and the Court's adjournment of the Initial Pretrial and Pre-Motion conference to September 15, 2016, in which the Court notified the parties that "[n]o further adjournments will be granted absent exceptional circumstances" (Dkt. #81), the parties' present stipulated extension of time for Defendant Giroux to answer or otherwise respond is GRANTED IN PART. Defendant Giroux shall answer or otherwise respond to the First Amended Complaint by September 7, 2016. The Clerk of Court is directed to terminate the conference currently scheduled for August 30, 2016. The next proceeding in this matter, the joint Initial Pretrial and Pre-Motion conference, shall remain scheduled for September 15, 2016. Paul Giroux answer due 9/7/2016. (Signed by Judge Katherine Polk Failla on 8/23/2016) (tn) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Ross Carmel to E-MAIL Document No. #82 Notice of Voluntary Dismissal, To: judgments@nysd.uscourts.gov This document is not filed via ECF. (dt) |
| Filing 83 NOTICE OF APPEARANCE by Matthew James McDonald on behalf of Jay Pila. (McDonald, Matthew) |
| Filing 82 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Brad Pulver. Document filed by Mark Miller, David Hilderbrand, David Kiderman, Ryan Detzel. (Carmel, Ross) Modified on 8/23/2016 (dt). |
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Filing 81
ORDER granting #80 Letter Motion to Adjourn Conference. The Court is disappointed to now receive a request for adjournment to accommodate a previously-scheduled mediation, as the conference to be adjourned has been on the calendar since June 8, 2016. Nevertheless, the premotion conference will be adjourned to September 15, 2016, at 4:00 p.m. No further adjournments will be granted absent exceptional circumstances. SO ORDERED. Pre-Motion Conference set for 9/15/2016 at 04:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/29/2016) (kko)
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| Filing 80 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Sara C. Colon dated 07/28/2016. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati.(Colon, Sara) |
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Filing 79
ORDER FOR ADMISSION PRO HAC VICE granting #76 Motion for Edmund W. Searby to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 7/28/2016) (tn)
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Filing 78
ORDER granting #77 Letter Motion for Extension of Time. Application GRANTED. Defendant Pulver's deadline to answer or otherwise respond to the Complaint will be extended to August 22, 2016. Accordingly, should Defendant Pulver intend to file a motion to dismiss, his premotion letter will be due no later than August 22, 2016, and any opposition letter from Plaintiffs will be due on August 25, 2016; the Court will then address any proposed motion from Defendant Pulver at the conference presently scheduled for August 30, 2016. No further extensions will be granted. (Signed by Judge Katherine Polk Failla on 7/28/2016) (cf)
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| Set/Reset Deadlines: Brad Pulver answer due 8/22/2016. (cf) |
| Filing 77 LETTER MOTION for Extension of Time to Answer or Othewise Respond to the Complaint addressed to Judge Katherine Polk Failla from Jimmy Fokas dated July 27, 2016. Document filed by Brad Pulver.(Fokas, Jimmy) |
| Filing 76 MOTION for Edmund Wilson Searby to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brad Pulver. (Attachments: #1 Certificate of Good Standing of Edmund Searby in Ohio, #2 Certificate of Good Standing of Edmund Searby in Illinois, #3 Proposed Order Admitting Edmund Searby Pro Hac Vice)(Searby, Edmund) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #76 MOTION for Edmund Wilson Searby to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 75 FIRST LETTER addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 7/12/16 re: Opposition to Pre-Motion Letter. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller.(Carmel, Ross) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ross David Carmel to RE-FILE Document #72 LETTER MOTION for Extension of Time re Opposition to Motion to Dismiss addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 7/12/16. Use the event type Letter found under the event list Other Documents. (db) |
| Filing 74 NOTICE OF APPEARANCE by Ethan Joseph Brown on behalf of 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Brown, Ethan) |
| Filing 73 STIPULATION GRANTING EXTENSION OF TIME TO ANSWER PLAINTIFFS' COMPLAINT: THE PARTIES, BY COUNSEL, HEREBY STIPULATE: Mr. Giroux shah have an extension of thirty (30) days from July 25, 2016 to file an Answer to Plaintiffs' Amended Complaint. Mr. Giroux must file his Answer to Plaintiffs' Amended Complaint by August 24, 2016. In entering into this stipulation, Mr. Giroux does not waive any defense to the Amended Complaint. In light of the extension of time granted to Defendant Giroux to answer or otherwise respond, the premotion conference presently set for July 22, 2016 will be adjourned sine die; the Court will instead address Defendants' contemplated motions at the conference set for August 30, 2016, at 3:00 p.m. Paul Giroux answer due 8/24/2016. (Signed by Judge Katherine Polk Failla on 7/13/2016) (mro) |
| Filing 72 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time re Opposition to Motion to Dismiss addressed to Judge Katherine Polk Failla from Ross D. Carmel dated 7/12/16. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. Return Date set for 7/12/2016 at 11:51 AM.(Carmel, Ross) Modified on 7/20/2016 (db). |
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Filing 71
ORDER terminating #70 Letter Motion for Extension of Time: The Downing Defendants' letter requesting a conference on their proposed motion will toll their time to answer or move, per the Judge's Individual Rules of Civil Practice. A pre-motion conference will be set for the Downing Defendants' proposed motion to dismiss on July 22, 2016, at 10:30 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10024. Following that conference, the Court will set a schedule either for motion practice or for an answer. (Signed by Judge Katherine Polk Failla on 7/8/2016) (tn)
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| Set/Reset Hearings: Pre-Motion Conference set for 7/22/2016 at 10:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (tn) |
| Filing 70 LETTER MOTION for Extension of Time re Motion to Dismiss addressed to Judge Katherine Polk Failla from Sara C. Colon dated 07/07/2016. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Attachments: #1 Exhibit A-D, #2 Exhibit E-G)(Colon, Sara) |
| Filing 69 FIRST AMENDED COMPLAINT amending #41 Complaint,, #1 Complaint,, #66 Amended Complaint,,, against 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Brett Giffin, Paul Giroux, Michael Grumbine, Glenn Haufler, IVC Healthcom, LLC, Marc M Lawrence, Jay Pila, Brad Pulver, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati with JURY DEMAND.Document filed by Mark Miller, David Hilderbrand, David Kiderman, Ryan Detzel. Related document: #41 Complaint,, filed by Ryan Detzel, David Hilderbrand, David Kiderman, #1 Complaint,, filed by Ryan Detzel, David Hilderbrand, David Kiderman, #66 Amended Complaint,,, filed by Mark Miller, Ryan Detzel, David Hilderbrand, David Kiderman.(Carmel, Ross) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ross Carmel to RE-FILE Document No. #66 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) |
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Filing 68
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #64 Motion for Ethan J. Brown to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 6/30/2016) (tn)
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| Filing 67 REQUEST FOR ISSUANCE OF SUMMONS as to IVC Healthcom, LLC, re: #66 Amended Complaint,,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman, Mark Miller. (Carmel, Ross) |
| Filing 66 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #41 Complaint,, #1 Complaint,, against 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Paul Giroux, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jay Pila, Brad Pulver, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati, IVC Healthcom, LLC with JURY DEMAND.Document filed by David Hilderbrand, David Kiderman, Ryan Detzel, Mark Miller. Related document: #41 Complaint,, filed by Ryan Detzel, David Hilderbrand, David Kiderman, #1 Complaint,, filed by Ryan Detzel, David Hilderbrand, David Kiderman.(Carmel, Ross) Modified on 7/5/2016 (laq). |
|
Filing 65
ORDER: that, pursuant to Fed. R. Civ. P. 15(a), 20 and 21, Plaintiffs are granted leave to add parties Plaintiff and Defendant to the above-captioned action and to amend the Complaint filed herein; Plaintiff shall file their First Amended Complaint on or before June 30, 2016. (Amended Pleadings due by 6/30/2016.) (Signed by Judge Katherine Polk Failla on 6/29/2016) (tn)
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| Filing 64 MOTION for Ethan J. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12476335. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Exhibit Proposed Order)(Colon, Sara) |
| Filing 63 AFFIDAVIT OF SERVICE of Summons and Complaint,, Complaint,,. Paul Giroux served on 6/21/2016, answer due 7/12/2016. Service was accepted by Paul D. Giroux. Document filed by David Hilderbrand; David Kiderman; Ryan Detzel. (Carmel, Ross) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Ethan J. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12476335. 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 62
ORDER granting in part #61 Letter Motion for Extension of Time: Application GRANTED IN PART. Defendant's deadline to answer or seek a premotion conference will be adjourned to 30 days from the filing of Plaintiffs' Amended Complaint, or, if no amended pleading is filed, to July 28, 2016. (Signed by Judge Katherine Polk Failla on 6/27/2016) (tn)
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| Set/Reset Deadlines: Brad Pulver answer due 7/28/2016. (tn) |
| Filing 61 LETTER MOTION for Extension of Time to Move to Dismiss or Answer the Complaint addressed to Judge Katherine Polk Failla from Jimmy Fokas dated June 24, 2016. Document filed by Brad Pulver.(Fokas, Jimmy) |
| Filing 60 NOTICE OF APPEARANCE by Jimmy Fokas on behalf of Brad Pulver. (Fokas, Jimmy) |
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Filing 59
ORDER granting #58 Letter Motion to Adjourn Conference: Application GRANTED. The conference previously set for July 7, 2016 will be adjourned sine die. (Signed by Judge Katherine Polk Failla on 6/17/2016) (tn)
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| Filing 58 LETTER MOTION to Adjourn Conference re Motion to Dismiss addressed to Judge Katherine Polk Failla from Sara C. Colon dated 6/16/2016. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati.(Colon, Sara) |
| Filing 57 MEMO ENDORSEMENT on re: #55 LETTER MOTION for Conference re Motion to Dismiss addressed to Judge Katherine Polk Failla from Sara C. Colon dated June 14, 2016 filed by 3si Systems, LLC, Greg Auda, Marc M Lawrence, Downing Medical Device Group, LLC, Michael Grumbine, Michael H. Shaut, George Robbie, Jeff Rice, Surgical Safety Solutions Interactive, LLC, Downing Health Technologies, LLC, Marco Zenati, Downing Partners, LLC, Glenn Haufler, Richard Buckingham, Brett Giffin, Downing Investment Partners, LP, David W. Wagner, Surgical Safety Solutions, LLC. ENDORSEMENT: Application GRANTED. A premotion conference will be held on July 7, 2016, at 3:30 p.m. in Courtroom 618 of Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10024. Should the remaining Defendants wish to join in the motion, and should Plaintiff wish to submit a letter in response to the proposed motion, the parties are directed to submit letters in accordance with the Court's Individual Rules of Practice. (Pre-Motion Conference set for 7/7/2016 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 6/16/2016) (tn) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sara C. Colon to RE-FILE Document #55 LETTER MOTION for Conference re Motion to Dismiss addressed to Judge Katherine Polk Failla from Sara C. Colon dated June 14, 2016. Use the event type Letter found under the event list Other Documents. (db) |
| Filing 56 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Jay Pila served on 6/14/2016, answer due 7/5/2016. Service was accepted by Jay Pila, Defendant. Document filed by David Hilderbrand; David Kiderman; Ryan Detzel. (Carmel, Ross) |
| Filing 55 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re Motion to Dismiss addressed to Judge Katherine Polk Failla from Sara C. Colon dated June 14, 2016. Document filed by 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Colon, Sara) Modified on 6/16/2016 (db). |
| Filing 54 NOTICE OF APPEARANCE by Sara C. Colon on behalf of 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. (Colon, Sara) |
| Filing 53 AFFIDAVIT OF SERVICE of Summons and Complaint,, Complaint,,. Marc M Lawrence served on 6/14/2016, answer due 7/5/2016. Service was accepted by Ethan Brown, Esq., Attorney. Document filed by David Hilderbrand; David Kiderman; Ryan Detzel. (Carmel, Ross) |
| Filing 52 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/30/2016 at 03:00 PM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/8/2016) (mro) |
| Filing 51 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Brad Pulver served on 6/7/2016, answer due 6/28/2016. Service was accepted by Nicole Pulver, Wife. Document filed by David Hilderbrand; David Kiderman; Ryan Detzel. (Carmel, Ross) |
| Filing 50 ACKNOWLEDGMENT OF SERVICE. 3si Systems, LLC served on 6/2/2016, answer due 6/23/2016; Greg Auda served on 6/2/2016, answer due 6/23/2016; Richard Buckingham served on 6/2/2016, answer due 6/23/2016; Downing Health Technologies, LLC served on 6/2/2016, answer due 6/23/2016; Downing Investment Partners, LP served on 6/2/2016, answer due 6/23/2016; Downing Medical Device Group, LLC served on 6/2/2016, answer due 6/23/2016; Downing Partners, LLC served on 6/2/2016, answer due 6/23/2016; Brett Giffin served on 6/2/2016, answer due 6/23/2016; Michael Grumbine served on 6/2/2016, answer due 6/23/2016; Glenn Haufler served on 6/2/2016, answer due 6/23/2016; Jeff Rice served on 6/2/2016, answer due 6/23/2016; George Robbie served on 6/2/2016, answer due 6/23/2016; Michael H. Shaut served on 6/2/2016, answer due 6/23/2016; Surgical Safety Solutions Interactive, LLC served on 6/2/2016, answer due 6/23/2016; Surgical Safety Solutions, LLC served on 6/2/2016, answer due 6/23/2016; David W. Wagner served on 6/2/2016, answer due 6/23/2016; Marco Zenati served on 6/2/2016, answer due 6/23/2016. Service was accepted by Ethan Brown, Esq., Attorney. Document filed by David Hilderbrand; David Kiderman; Ryan Detzel. (Carmel, Ross) |
| Filing 49 ELECTRONIC SUMMONS ISSUED as to Jeff Rice. (dgo) |
| Filing 48 ELECTRONIC SUMMONS ISSUED as to David W. Wagner. (dgo) |
| Filing 47 ELECTRONIC SUMMONS ISSUED as to Downing Medical Device Group, LLC. (dgo) |
| Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Rice, re: #41 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Carmel, Ross) |
| Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to David W. Wagner, re: #41 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Carmel, Ross) |
| Filing 44 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Medical Device Group, LLC, re: #41 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Carmel, Ross) |
| Filing 43 CIVIL COVER SHEET filed. (Carmel, Ross) |
| Filing 42 NOTICE OF CHANGE OF ADDRESS by Ross David Carmel on behalf of Ryan Detzel, David Hilderbrand, David Kiderman. New Address: Carmel, Milazzo & DiChiara LLP, 261 Madison Avenue, 9th Floor, New York, New York, USA 10016, 212-658-0458. (Carmel, Ross) |
| Filing 41 COMPLAINT against 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Paul Giroux, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jay Pila, Brad Pulver, Jeff Rice, George Robbie, Michael H. Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David W. Wagner, Marco Zenati. Document filed by David Hilderbrand, David Kiderman, Ryan Detzel.(Carmel, Ross) |
| Filing 40 ELECTRONIC SUMMONS ISSUED as to Brad Pulver. (dgo) |
| Filing 39 ELECTRONIC SUMMONS ISSUED as to Glenn Haufler. (dgo) |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to George Robbie. (dgo) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to Marco Zenati. (dgo) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Paul Giroux. (dgo) |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Jay Pila. (dgo) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to Greg Auda. (dgo) |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Brett Giffin. (dgo) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Michael Grumbine. (dgo) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Marc M Lawrence. (dgo) |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to Richard Buckingham. (dgo) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Michael H. Shaut. (dgo) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to 3si Systems, LLC. (dgo) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Surgical Safety Solutions Interactive, LLC. (dgo) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Surgical Safety Solutions, LLC. (dgo) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Downing Health Technologies, LLC. (dgo) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Downing Partners, LLC. (dgo) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Downing Investment Partners, LP. (dgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Christopher Philip Milazzo. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Philip Milazzo to RE-FILE Document No. #1 Complaint,,. The filing is deficient for the following reason(s): the pleading was not signed; Signature error. Pleading and ECF Filer do not match. Pleading must be filed by whoever signs the pleading, Ross D. Carmel has to file the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #11 Request for Issuance of Summons, #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Filed against error. Parties must be entered on ECf exactly as how they are listed on the pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Philip Milazzo. The party information for the following party/parties has been modified: Downing Digital Healthcare Group, LLC, David Wagner, Jeff Rice, Brett Giffin. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; alias party name was omitted;. (dgo) |
| Case Designated ECF. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo) |
| Magistrate Judge Barbara C. Moses is so designated. (dgo) |
| Filing 22 NOTICE OF CHANGE OF ADDRESS by Christopher Philip Milazzo on behalf of Ryan Detzel, David Hilderbrand, David Kiderman. New Address: Carmel, Milazzo & DiChiara, LLP, 261 Madison Avenue, 9th Floor, New York, New York, United States 10016, 212-658-0458. (Milazzo, Christopher) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Brad Pulver, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Glenn Haufler, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to George Robbie, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Marco Zenati, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Giroux, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Jay Pila, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Greg Auda, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Brett Giffin, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Grumbine, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Marc M. Lawrence, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Rice, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) Modified on 6/1/2016 (dgo). |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Buckingham, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Michael H. Shaut, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to David Wagner, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) Modified on 6/1/2016 (dgo). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to 3si Systems, LLC, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Surgical Safety Solutions Interactive, LLC, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Surgical Safety Solutions, LLC, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Health Technologies, LLC, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Partners, LLC, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Investment Partners, LP, re: #1 Complaint,,. Document filed by Ryan Detzel, David Hilderbrand, David Kiderman. (Milazzo, Christopher) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against 3si Systems, LLC, Greg Auda, Richard Buckingham, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Medical Device Group, LLC, Downing Partners, LLC, Brett Giffin, Paul Giroux, Michael Grumbine, Glenn Haufler, Marc M Lawrence, Jay Pila, Brad Pulver, Jeffrey Rice, George Robbie, Michael Shaut, Surgical Safety Solutions Interactive, LLC, Surgical Safety Solutions, LLC, David Wagner, Marco Zenati. (Filing Fee $ 400.00, Receipt Number 0208-12360665)Document filed by David Hilderbrand, David Kiderman, Ryan Detzel.(Milazzo, Christopher) Modified on 6/1/2016 (dgo). |
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