Knopf v. Phillips, et al.
| Norma Knopf and Michael Knopf |
| Michael Phillips and Pursuit Holdings, LLC |
| 1:2016cv06601 |
| August 22, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Denise L. Cote |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
336
ORDER re: 326 Order: The parties are hereby NOTIFIED that in the event a jury cannot be obtained on October 5, the Court has asked the Jury Clerk to place this action on a trial-ready calendar for each and every day between October 5 to October 18. If a jury cannot be obtained within those dates, the next window for a trial in this action shall be January through March 2022. Accordingly, it is hereby ORDERED that in the event that a trial must be held between January to March 2022, the pa rties shall consult and inform the Court of at least three dates within those months on which they are available to select a jury for trial. IT IS FURTHER ORDERED that the final pretrial conference scheduled for September 29, 2021 at 10:00 AM in Courtroom 18B, 500 Pearl Street, will go forward as scheduled. (Signed by Judge Denise L. Cote on September 21, 2021) (ST)
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Filing
327
ORDER re: 326 : It is hereby ORDERED that the following procedures shall govern the conduct of trial and all appearances in court. The parties shall ensure that all trial participants comply with the Southern District of New York's Ninth Am ended Standing Order entitled In re Coronavirus/COVID-19 Pandemic(M-10-468), entered August 6, 2021, and other SDNY COVID-19-related orders that govern entry into and behavior within SDNY courthouses. These materials may be found at: https://www.nysd.uscourts.gov/covid-19-coronavirus, and as further set forth in this order. (Signed by Judge Denise L. Cote on September 8, 2021) (Attachments: # 1 Supplement) (ST)
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Filing
323
ORDER granting in part and denying in part 320 Motion to Vacate 320 MOTION to Vacate Order (ECF 319; Phillips) granting application for sanctions motion to be filed by on or before 08/16/21, as no request to file such motion was made . Having received non-party Michael Sanford's letter of August 13, it is hereby ORDERED that the Court's Order of August 13 (ECF 471) is vacated to the extent that it set a schedule for the briefing of a motion for sanctions. (Signed by Judge Denise L. Cote on 8/13/2021) (vfr)
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Filing
304
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, August 5, 2021, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Thursday, July 29, 2021. Sh ould the parties resolve the litigation before the conference date, they must notify the Court in writing immediately (Settlement Conference set for 8/5/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/11/2021) (ras)
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Filing
303
ORDER: On Wednesday, May 26, 2021, the Honorable Denise Cote assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. T he Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. By June 11, 20 21, the parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be product ive.The parties should assume that the settlement conference will be conducted by telephone using a platform that will allow the Court to hold confidential conversations with counsel and the party representative(s) for each side. (Signed by Magistrate Judge Sarah Netburn on 5/27/2021) (ras)
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Filing
300
ORDER granting 296 Motion to Substitute Party. It is hereby ORDERED that plaintiff Michael Knopf, who is deceased, be terminated from this civil action. In his place, Norma Knopf, an individual who is named as a distributee an d as the Executor in Michael Knopf's Last Will, shall be substituted in place of Michael Knopf; and it is further ORDERED that, going forward, the caption of the case will be; as further set forth herein. Michael Knopf terminated. (Signed by Judge Denise L. Cote on 4/12/2021) (mro)
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Filing
293
ORDER: It is hereby ORDERED that the Pretrial Order in this matter shall be submitted on the same date as the Pretrial Order in the Esposito Action. Because that date depends on a number of contingencies in the Esposito Action, it cannot be firmly set at this time. SO ORDERED. (Signed by Judge Denise L. Cote on 8/12/2020) (jca)
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Filing
291
REVISED SCHEDULING ORDER: Accordingly, it is hereby ORDERED that the Court shall determine whether to consolidate these actions for trial after the receipt of the Pretrial Orders. The Phillips Action is stayed until that time. The Clerk of Co urt is directed to strike docket number 224 in the Esposito Action and docket number 287 in the Phillips Action consolidating these cases and unconsolidate the above-captioned cases. IT IS FURTHER ORDERED that, by January 15, 2021, any party in the Esposito Action that seeks to introduce expert testimony shall inform the Court of the identity of such expert or experts and the subject of such expert testimony, in accordance with the requirements of Rule 26(a)(2)(B), Fed. R. Civ. P. I T IS FURTHER ORDERED that in the event no party to the Esposito Action identifies an expert by that date, the following motion will be served by the dates indicated below. Any motion for Summary Judgment; Motion served by March 12, 2021, Oppos ition served by April 2, Reply served by April 16. IT IS FURTHER ORDERED that in the event that no party in the Esposito Action seeks to introduce expert testimony and no summary judgment motion is filed, the Joint Pretrial Order must be filed by March 12, 2021. IT IS FURTHER ORDERED that the remainder of the July 30 Order remains in effect. SO ORDERED. (Pretrial Order due by 3/12/2021.) (Signed by Judge Denise L. Cote on 8/11/2020) Filed In Associated Cases: 1:16-cv-06601-DLC-SN, 1:17-cv-05833-DLC (jca) Transmission to Office of the Clerk of Court for processing.
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Filing
287
ORDER: Accordingly, it is hereby ORDERED that all claims against Sanford are dismissed in both the Phillips Action and the Esposito Action. IT IS FURTHER ORDERED that the Phillips Action is stayed pending the completion of discovery and any summa ry judgment practice in the Esposito Action. IT IS FURTHER ORDERED that the Phillips Action and the Esposito Action shall be consolidated for trial. IT IS FURTHER ORDERED that defendant Michael Phillips shall be permitted to participate in discove ry in the Esposito Action. IT IS FURTHER ORDERED that Esposito's request for a ninety-day stay of discovery is granted. The following schedule shall govern the further conduct of pretrial proceedings in the Esposito Action: All fact and exper t discovery must be completed by May 14, 2021. Any motion for Summary Judgment, Motion served by May 28, 2021, Opposition served by June 18, Reply served by July 1. IT IS FURTHER ORDERED that, should any party object to a portion of this Order ot her than the stay of discovery in the Esposito Action, they may file a letter on ECF no longer than two pages by August 7, 2020. IT IS FURTHER ORDERED that the conference scheduled for July 31, 2020 is cancelled. IT IS FURTHER ORDERED that the par ties shall attempt to resolve any discovery dispute in good faith through a meet and confer process. Should a dispute remain unresolved after that process, it may be brought to the Court's attention in a letter no longer than two pages. SO OR DERED. ***Hearings Terminated*** The following hearing(s) was terminated: Telephone Conference. Michael H. Sanford and Michael H. Sanford terminated., ( Expert Discovery due by 5/14/2021., Fact Discovery due by 5/14/2021., Pretrial Order due by 5/28/2021.) (Signed by Judge Denise L. Cote on 7/30/2020) (jca)
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Filing
282
ORDER: Accordingly, it is hereby ORDERED that, by July 24, 2020 the parties to the Esposito Action shall submit letters on ECF proposing a schedule for further proceedings in that action. IT IS FURTHER ORDERED that, by July 24, 2020 the plaint iffs in the Phillips Action shall identify the causes of action on which they intend to proceed to trial and against whom. IT IS FURTHER ORDERED that a partys submission to the Court in either the Esposito or Phillips Actions may not exceed two pages. IT IS FURTHER ORDERED that, should a conference be necessary, it shall be held on July 31, 2020 at 10:00 am. The July 31 conference, if necessary, will proceed as a telephone conference. If a conference is held, the parties shall use th e following dial-in credentials, which are also accessible to the press and public: Dial-in: 888-363-4749 Access code: 4324948 IT IS FURTHER ORDERED that the parties shall use a landline if one is available. SO ORDERED. (Telephone Conference set for 7/31/2020 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/13/2020) (jca)
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Filing
279
OPINION AND ORDER re: (174 in 1:17-cv-05833-DLC) MOTION for Recusal . filed by Michael Knopf, Norma Knopf, (266 in 1:16-cv-06601-DLC-SN) MOTION for Recusal . filed by Michael Knopf, Norma Knopf. The plaintiffs' March 4 motions for recusal are denied. (Signed by Judge Denise L. Cote on 5/29/2020) (jca)
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Filing
263
MEMORANDUM OPINION & ORDER.....Phillipss July 10, 2018 motion for attorneys fees is denied. (Signed by Judge Denise L. Cote on 8/27/2018) (gr)
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Filing
220
OPINION AND ORDER......Phillips October 25, 2017 motion for summary judgment is granted. The Knopfs October 26, 2017 motion for partial summary judgment is granted to the following extent: Sanford is declared an alter ego of Pursuit. The Knopfs Sep tember 21, 2017 motion for judgment on the pleadings is granted. Sanfords second, third, and sixteenth affirmative defenses are stricken. The claims that remain to be tried against Sanford are: (1) constructive and actual fraudulent conveyance, (2) breach of fiduciary duty, and (3) imposition of a constructive trust. The fraudulent conveyance claim against Pursuit will be referred to the Magistrate Judge for an inquest into damages following the trial of the claims against Sanford. (Signed by Judge Denise L. Cote on 12/22/2017) (gr)
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Filing
52
OPINION AND ORDER......The Knopfs claim for tortious interference with contract against Phillips is dismissed. The October 27 motions to dismiss are otherwise denied. The claims that remain are: (1) fraudulent conveyance (constructive and actual) a gainst Phillips and Pursuit, (2) veil piercing/alter ego against Sanford, (3) breach of fiduciary duty against Sanford, and (4) constructive trust against Sanford. (Signed by Judge Denise L. Cote on 12/12/2016) Copy Mailed By Chambers To Michael H. Sanford. (gr)
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