Wesley Holdings Ltd. v. 3si Systems, LLC et al
Plaintiff: Wesley Holdings Ltd.
Defendant: Hannover Square Capital Partners, LP, Downing Partners, LLC, CliniFlow Technologies, LLC, Surgical Safety Solutions, LLC, 3si Systems, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP and David W. Wagner
Interested Party: Mr. Jay Pila and Burlington Centre Owner, LLC
Receiver: William A. Brandt, Jr.
Case Number: 1:2017cv03362
Filed: May 5, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Katherine Polk Failla
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 234 ORDER DISMISSING CASE WITH PREJUDICE: IT IS NOW, THEREFORE, HEREBY ORDERED THAT: In accordance with and for the reasons set forth in the Wind Down Order, as of the date of entry of this Order, this case is dismissed in its entirety with prejudice. The Court shall have exclusive jurisdiction to enforce all terms and conditions of this Order. IT IS SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/18/2020) (rro)
February 18, 2020 Terminate Transcript Deadlines (rro)
February 11, 2020 Filing 233 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated February 11, 2020 re: Requesting that the Court Enter a Dismissal Order. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit A-Proposed Order Dismissing Case with Prejudice).(Murphy, Keith)
February 7, 2020 Opinion or Order Filing 232 ORDER DISCHARGING RECEIVER AND TERMINATING RECEIVERSHIP: IT IS NOW, THEREFORE, HEREBY ORDERED THAT: In accordance with and for the reasons set forth in the Wind Down Order, as of the date of entry of this Order, the Receiver is fully discharged from all responsibilities and obligations whatsoever related to the receivership estate, the Collateral, the Receivership Order, the Receivership Action, or any person or entity in any way related to any of the foregoing. In accordance with and for the reasons set forth in the Wind Down Order, as of the date of entry of this Order, the receivership estate is terminated. The Court shall have exclusive jurisdiction to enforce all terms and conditions of this Order. IT IS SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/6/2020) (rro)
February 6, 2020 Filing 231 PROPOSED ORDER. Document filed by William A. Brandt, Jr. Related Document Number: [220 and 230]. (Rosen, Sanford) Proposed Order to be reviewed by Clerk's Office staff.
February 6, 2020 Filing 230 NOTICE of Submission of Discharge Order. Document filed by William A. Brandt, Jr..(Rosen, Sanford)
February 6, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #231 Proposed Order was reviewed and approved as to form. (km)
January 30, 2020 Opinion or Order Filing 229 ORDER granting #228 Letter Motion for Extension of Time. Mr. Halter's application to withdraw as counsel for Interested Party Pila is hereby GRANTED. (Signed by Judge Katherine Polk Failla on 1/30/2020) (rro)
January 22, 2020 Filing 228 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)
January 2, 2020 Filing 227 CERTIFICATE OF SERVICE of Receiver's Final Report and Accounting [Doc. No. 226]. Service was made by MAIL. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
December 4, 2019 Filing 226 STATUS REPORT. / Receiver's Final Report and Accounting Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit A)(Rosen, Sanford)
October 28, 2019 Opinion or Order Filing 225 ORDER GRANTING FIRST FINAL ALLOWANCES OFCOMPENSATION AND REIMBURSEMENT OF EXPENSES granting #222 Motion for Compensation; granting #223 Motion for Compensation. It is ORDERED, that the Final Fee Applications be, and the same hereby are, granted as set forth herein; and it further ORDERED, that the Receiver, on behalf of himself and Development Specialists, Inc., be, and he hereby is, awarded final compensation of $65,000 and reimbursement of expenses incurred in the amount of $5,068.21 for the period January 1, 2018 through and including September 30, 2019, of which $53,818.21 of compensation and reimbursement of expenses of $5,068.21 have been previously paid to the Receiver and shall be applied in payment of the award made by this Order; and it is further ORDERED, that the Receiver, on behalf of himself and Development Specialists, Inc., be, and he hereby is, awarded final compensation of $5,000 on account of post-receivership wind-down services; and it is further ORDERED, that Rosen & Associates, P.C. be, and it hereby is, awarded final compensation of $52,625.00 and reimbursement of expenses incurred in the amount of $376.28 for the period January 1, 2018 through and including September 30, 2019, of which $38,383.75 of compensation and $376.28 of reimbursement of expenses have been previously paid to Rosen & Associates, P.C. and shall be applied in payment of the award made by this Order; and it is further ORDERED, that all amounts previously awarded to the applicants on an interim basis pursuant to this Courts order of March 8, 2018 [Doc. No. 116] be, and the same hereby are, awarded on a final basis. ORDERED, that the Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation of this Order. (Signed by Judge Katherine Polk Failla on 10/28/2019) (rro)
October 25, 2019 Filing 224 LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated October 25, 2019 re: Final Fee Applications [Doc. Nos. 220, 222 and 223]. Document filed by William A. Brandt, Jr. (Attachments: #1 Text of Proposed Order)(Rosen, Sanford)
October 10, 2019 Filing 223 FINAL MOTION for Compensation of William A. Brandt, Jr. and Development Specialists, Inc., Receiver and Financial Consultants. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
October 9, 2019 Filing 222 FINAL MOTION for Compensation of Rosen & Associates, P.C., Attorneys for the Receiver. Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit A - Appointment Order, #2 Exhibit B - Attorney Time Charges, #3 Exhibit C - Bios, #4 Exhibit D - Time Entries)(Rosen, Sanford)
October 3, 2019 Filing 221 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of September 2019.. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
September 30, 2019 Opinion or Order Filing 220 ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The Wind Down Procedures Motion is GRANTED in its entirety. By no later than October 15, 2019, the Receiver and his professionals will file final fee applications with the Court (the "Fee Applications"). Parties will have fourteen (14) days from the date such Fee Applications are filed to file objections to the Fee Applications. If no objections are timely filed, the Court may, subject to its own review of the Fee Applications, enter an order approving the Fee Applications. If a party-in-interest files a timely objection to a Fee Application, the Court may overrule such objection and approve the Fee Application or set the matter for hearing. As soon as practicable after the Court rules on the Fee Applications, and any approved fees are paid, the Receiver will file a final report and accounting in this case (the "Final Report"). The Final Report shall include, among other things, the amount of Cash Proceeds held by the Receiver on behalf of each 3si Entity. The Receiver shall serve the Final Report on all parties that were served with notice of the 3si Hub asset sale (the "Notice Parties"), as set forth in the attached Exhibit 4. As soon as practicable after the Court enters the Discharge Order, Wesley Holdings shall submit to the Court a letter motion to dismiss the case with prejudice pursuant to Rule 41 and the Court's Individual Rules of Practice. Parties shall have three (3) business days from the date such letter motion is filed to object to the relief sought in the motion. If no objection is timely filed, the Court may enter an order granting Wesley Holdings' letter motion and dismissing the case with prejudice. If a party-in-interest files a timely objection to the motion, the Court may grant the motion or set the matter for hearing. The Court shall have exclusive jurisdiction to enforce all terms and conditions of this Order and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 9/30/2019) (rro)
September 30, 2019 Filing 219 JOINT LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated September 30, 2019 re: Supplement to September 18, 2019 Joint Letter Motion Requesting Approval of Receivership Wind Down Procedures. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 3- Bankruptcy Resolutions)(Murphy, Keith)
September 19, 2019 Filing 218 JOINT LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated September 19, 2019 re: Status of Case. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
September 18, 2019 Filing 217 JOINT LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated September 18, 2019 re: Approval of Receivership Wind Down Procedures. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1 Control Resolutions, #2 Exhibit 2 Sale Resolutions, #3 Exhibit 3 Bankruptcy Resolutions, #4 Exhibit 4 List of Notice Parties, #5 Exhibit 5 Discharge Notice and Discharge Order, #6 Text of Proposed Order Granting Approval of Receivership Wind Down Procedures)(Murphy, Keith)
September 6, 2019 Opinion or Order Filing 216 ORDER: On August 1, 2019, the parties filed a joint status report, stating that they would file a joint letter motion on or before August 19, 2019, providing the Court with a proposed procedure to conclude this matter. (Dkt. #215). No such letter motion has been filed to date. Accordingly, the parties are hereby ORDERED to provide the Court with a joint status report concerning the state of the parties' negotiations, on or before September 20, 2019. (Signed by Judge Katherine Polk Failla on 9/6/2019) (mro)
August 1, 2019 Filing 215 JOINT LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated August 1, 2019 re: Status Report Regarding Receivership Wind Down Process. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
May 2, 2019 Filing 214 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of April 2019.. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
April 3, 2019 Filing 213 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of March 2019.. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
March 26, 2019 Filing 212 NOTICE OF APPEARANCE by Jeffrey Lew Liddle on behalf of Jay Pila. (Liddle, Jeffrey)
March 4, 2019 Filing 211 NOTICE of Invoice of Rosen & Associats, P.C. for Services Rendered to the Receiver for the Month of February 2019.. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
February 7, 2019 Filing 210 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of January 2019. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
January 7, 2019 Filing 209 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of December 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
January 7, 2019 Filing 208 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of December 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
January 4, 2019 Filing 207 NOTICE of Sale Closing re: #201 Order,,,,,. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
December 10, 2018 Filing 206 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of November 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
December 10, 2018 Filing 205 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of November 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
December 6, 2018 Filing 204 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 11/16/18 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)
December 6, 2018 Filing 203 TRANSCRIPT of Proceedings re: hearing held on 11/16/2018 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 12/27/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/6/2019.(McGuirk, Kelly)
November 28, 2018 Filing 202 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated November 28, 2018 re: Enclosing Transcript of Sale Approval Hearing Held on November 16, 2018. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Transcript)(Murphy, Keith)
November 20, 2018 Opinion or Order Filing 201 ORDER GRANTING THE MOTION OF THE RECEIVER TO CONDUCT A SALE OF 3SI HUB ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS, INTERESTS, AND OTHER ENCUMBRANCES. THE COURT HEREBY FINDS that: The Court's decision, which is incorporated herein and made a part hereof, and the findings of fact and conclusions of law set forth therein and herein shall constitute its findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure, and as further specified in this section of the Order regarding sections B through W. It is hereby ORDERED, ADJUDGED, and DECREED that: The Winning Bidder is hereby approved as having made the highest and best bid for the Acquired Assets and the Receiver is authorized and directed to proceed to sell the Acquired Assets to the Winning Bidder pursuant to the terms of the Winning Bid. The Receiver is authorized and directed to enter into and perform all obligations and execute and deliver all documents reasonably necessary to consummate the sale of the Acquired Assets to the Winning Bidder, and as further specified and set forth in items 2 through 11 of this Order Granting the Motion of the Receiver to conduct a Sale of 3SI Hub Assets Free and Clear of All Liens, Claims, Interests, and Other Encumbrances. This Order shall constitute a final Order for purposes of Rule 54(b). There is no just reason for delay. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/20/2018) (rjm)
November 20, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #199 Proposed Order, was reviewed and approved as to form. (dt)
November 19, 2018 Filing 200 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated November 19, 2018 re: Proposed Order Granting the Receiver's Sale Motion. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Redline Version of Order, #2 Clean Version of Order, #3 Exhibit A-Bid Agreement, #4 Exhibit B-Receivership Order, #5 Exhibit C-3si Hub Patents, #6 Exhibit D-Auction Procedures Order, #7 Exhibit E-SSS Resolution, #8 Exhibit F-3si International Resolution, #9 Exhibit G-Receiver's Report of Marketing Efforts, #10 Exhibit H-Notice List)(Murphy, Keith)
November 19, 2018 Filing 199 PROPOSED ORDER. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit A-Bid Agreement, #2 Exhibit B-Receivership Order, #3 Exhibit C-3si Hub Patents, #4 Exhibit D-Auction Procedures Order, #5 Exhibit E-SSS Resolution, #6 Exhibit F-3si International Resolution, #7 Exhibit G-Receiver's Report of Marketing Effort, #8 Exhibit H-Notice List) Related Document Number: #143 . (Murphy, Keith) Proposed Order to be reviewed by Clerk's Office staff.
November 16, 2018 Minute Entry for proceedings held before Judge Katherine Polk Failla: Sale Approval Conference held on 11/16/2018. Attorneys Michael VanNiel, Matthew R. Goldman and Keith Murphy representing Wesley Holdings Ltd. present. Attorney Sanford Philip Rosen representing William A. Brandt, Jr. and Steven L. Victor, Receiver(s), present. Attorney Craig S. Tarasoff representing Jay Pila present. Attorney John J. Tepedino representing Burlington Centre Owner, LLC. present. (See transcript.) (Court Reporter Martha Martin) (tn)
November 16, 2018 Filing 198 STATUS REPORT. Second Amended Receiver's Report of Marketing Effort and Auction Sale Document filed by William A. Brandt, Jr.(Rosen, Sanford)
November 16, 2018 Filing 197 STATUS REPORT. Amended Receiver's Report of Marketing Effort and Auction Sale Document filed by William A. Brandt, Jr.(Rosen, Sanford)
November 16, 2018 Filing 196 STATUS REPORT. Receiver's Report of Marketing Effort and Auction Sale Document filed by William A. Brandt, Jr.(Rosen, Sanford)
November 15, 2018 Filing 195 NOTICE OF APPEARANCE by John J. Tepedino on behalf of Burlington Centre Owner, LLC. (Tepedino, John)
November 12, 2018 Filing 194 NOTICE of HEARING ON MOTION OF THE RECEIVER FOR AN ORDER AUTHORIZING THE SALE OF 3SI HUB ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS, INTERESTS AND OTHER ENCUMBRANCES (ECF 143) re: #143 MOTION to Approve Sale of Assets Free and Clear of Liens, Claims and Encumbrances.. Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit 1-Service List)(Rosen, Sanford)
November 9, 2018 Opinion or Order Filing 193 ORDER. A Sale Motion approval hearing in this matter is hereby scheduled for Friday, November 16, 2018, at 11:30 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Oral Argument set for 11/16/2018 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/9/2018) (rjm)
November 8, 2018 Filing 192 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of October 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
November 8, 2018 Filing 191 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of September 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
November 7, 2018 Filing 190 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of October 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
October 9, 2018 Opinion or Order Filing 189 ORDER: The hearing on the Receiver's sale motion currently scheduled forOctober 11, 2018, at 3:00 p.m. is hereby ADJOURNED sine die.SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/9/2018) (jca)
October 5, 2018 Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/13/18 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)
October 5, 2018 Filing 187 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/13/2018 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (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 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019.(McGuirk, Kelly)
October 2, 2018 Filing 186 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of September 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
October 1, 2018 Filing 185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/13/18 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)
October 1, 2018 Filing 184 TRANSCRIPT of Proceedings re: conference held on 9/13/2018 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (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 10/22/2018. Redacted Transcript Deadline set for 11/1/2018. Release of Transcript Restriction set for 12/31/2018.(McGuirk, Kelly)
September 21, 2018 Opinion or Order Filing 183 ORDER GRANTING MOTION OF RECEIVER FOR AN ORDER APPROVING AUCTION AND NOTICE PROCEDURES, DESIGNATING WESLEY HOLDINGS LTD. AS STALKING HORSE BIDDER, APPROVING PATENT ASSIGNMENT ENFORCEMENT ACTIONS AND CORPORATE RESOLUTIONS, AND ISSUING INVENTOR CLAIM INJUNCTIONS granting #143 Motion to Approve ; granting #144 Motion to Approve. THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED: The Auction Procedures Motion is GRANTED in its entirety. All objections to the Auction Procedures Motion, including, but not limited to, theobjections of Jay Pila and Burlington Centre Owner, LLC to the Auction Procedures Motion, and any objections to the Patent Assignment Enforcement Actions, the Inventor Claim Injunction, or the Resolutions, that have not been withdrawn, waived or settled, and all reservations of rights included in any such objections, if any, are overruled in their entirety. The Receiver is hereby authorized to take the Patent Assignment Enforcement Actions with respect to any patents related to the 3si Hub, including, but not limited to, the 3si Hub patents listed in the attached Exhibit A. The Receiver is further authorized to take whatever steps are necessary to effectuate the Patent Assignment Enforcement Actions, including, but not limited to, filing appropriate documents (including a copy of this Order) with the USPTO or other international patent office, and any other applicable governmental or other authorities, whether domestic or foreign, as evidence of the Patent Assignments, or authorizing the winning bidder to take the foregoing actions. The Inventor Claim Injunction is hereby approved. The Inventors, and any oftheir affiliates, subsidiaries, creditors, licensees or assigns (the "Inventor Parties"), are hereby enjoined from asserting any liens, claims or encumbrances against the 3si Hub patents, including, without limitation, those patents listed on Exhibit A. The winning bidder for the 3si Hub Assets shall be entitled to enforce the Inventor Claim Injunction. The Receiver is authorized to execute and take the actions authorized by the Resolutions attached as Exhibits B and C. This Order shall be binding in all respects upon all creditors and equity holders of 3si Systems, SSS and 3si International (whether known or unknown), any named or unnamed inventor on any 3si Hub patent, any holders of interests, any parties to any contracts with 3si Systems, SSS or 3si International, Wesley Holdings or the winning bidder at an auction for the3si Hub Assets, and the Receiver, and the successors and assigns of any of the foregoing persons, individuals and entities. This Order constitutes a final order with respect to the subject matter hereof. The Court shall retain sole and exclusive jurisdiction with respect to any matter arising from or related to the Motion, the Auction Procedures, the Patent Assignment Enforcement Actions, the Resolutions, or the implementation of this Order. And as set forth in this Order. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/21/2018) (ama)
September 20, 2018 Filing 182 LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated September 20, 2018 re: Proposed Order Approving Bid Procedures. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
September 20, 2018 Filing 181 PROPOSED ORDER. Document filed by William A. Brandt, Jr. Related Document Number: [145, 146, 147, 148, 149]. (Rosen, Sanford) Proposed Order to be reviewed by Clerk's Office staff.
September 20, 2018 Filing 180 NOTICE of Service and Notice of Revised Service List re: #162 Reply to Response to Motion, #143 MOTION to Approve Sale of Assets Free and Clear of Liens, Claims and Encumbrances., #163 Joinder, #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction ., #150 Order on Motion to Expedite,,. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
September 14, 2018 Opinion or Order Filing 179 ORDER: For the reasons set forth on the record at the telephonic conference on September 13, 2018, the motion of proposed Plaintiff-Intervenors for intervention, filed in error in 16 Civ.4040 (Dkt. #255), is denied. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/14/2018) (rro)
September 13, 2018 Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 9/13/2018. (Court Reporter Kristen Carannante) (Lopez, Jose)
September 10, 2018 Filing 178 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 8/24/18 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)
September 10, 2018 Filing 177 TRANSCRIPT of Proceedings re: HEARING held on 8/24/2018 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 10/1/2018. Redacted Transcript Deadline set for 10/11/2018. Release of Transcript Restriction set for 12/10/2018.(McGuirk, Kelly)
September 10, 2018 Filing 176 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of August 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
September 5, 2018 Filing 175 LETTER addressed to Judge Katherine Polk Failla re: Response to Joint Proposal of Wesley Holdings, Ltd. and the Receiver. Document filed by Jay Pila.(Tarasoff, Craig)
September 5, 2018 Filing 174 LETTER addressed to Judge Katherine Polk Failla dated September 5, 2018 re: Response to Joint Letter. Document filed by Burlington Centre Owner, LLC.(Longo, Kim)
September 4, 2018 Filing 173 RESPONSE in Opposition to Motion re: #154 MOTION to Intervene and to Amend the Order Appointing Receiver on behalf of Jay Pila. (Limited Objection). Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
August 31, 2018 Opinion or Order Filing 172 MEMO ENDORSEMENT on re: #167 Letter, filed by Wesley Holdings Ltd. ENDORSEMENT: The Court is in receipt of the joint letter filed by Wesley Holdings, Ltd. and the Receiver on August 30, 2018. (Dkt. # 167). The objectors, Burlington Center Owner, LLC, and Jay Pila, are directed to respond to the proposal contained in this letter on or before 12:00 noon on Wednesday, September 5, 2018. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/31/2018) (rro)
August 31, 2018 Filing 171 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of August 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
August 31, 2018 Filing 170 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of July 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
August 31, 2018 Filing 169 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of June 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
August 31, 2018 Filing 168 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of May 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
August 30, 2018 Filing 167 JOINT LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated August 30, 2018 re: Revised Proposed Auction Procedures. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Revised Proposed Auction Procedure Order - Redline)(Murphy, Keith)
August 27, 2018 Opinion or Order Filing 166 MEMO ENDORSEMENT on re: #165 Letter filed by William A. Brandt, Jr. ENDORSEMENT: The Court confirms that, to date, Mr. Pila's motion to intervene has been granted as to his application to assert claims against the sale proceeds allocated to Surgical Safety and its creditors. The Court has taken under advisement, but not yet decided, Mr. Pila's application to amend the litigation injunction in paragraph 11 of the Order Appointing a Receiver. (Dkt. #78). Because, as the joint letter of today's date suggests, the transcript of the prior proceeding has not yet been prepared, the deadline for filing a response to Mr. Pila's motion is hereby extended to September 4, 2018. SO ORDERED. Set Deadlines/Hearing as to #165 Letter, #154 MOTION to Intervene and to Amend the Order Appointing Receiver on behalf of Jay Pila. (Responses due by 9/4/2018) (Signed by Judge Katherine Polk Failla on 8/27/2018) (rro)
August 27, 2018 Filing 165 LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated August 27, 2018 Document filed by William A. Brandt, Jr.(Rosen, Sanford)
August 24, 2018 Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 8/24/2018 re: #154 MOTION to Intervene and to Amend the Order Appointing Receiver on behalf of Jay Pila. filed by Jay Pila. (Court Reporter Pamela Utter) (Lopez, Jose)
August 23, 2018 Filing 164 DECLARATION of Michael A. VanNiel in Support re: #162 Reply to Response to Motion,. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1-3si Systems, LLC Distributor Agreement)(VanNiel, Michael)
August 23, 2018 Filing 163 JOINDER to join re: #162 Reply to Response to Motion, . Document filed by Wesley Holdings Ltd..(Murphy, Keith)
August 23, 2018 Filing 162 REPLY to Response to Motion re: #143 MOTION to Approve Sale of Assets Free and Clear of Liens, Claims and Encumbrances., #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction . . Document filed by William A. Brandt, Jr. (Rosen, Sanford)
August 21, 2018 Filing 161 RESPONSE in Opposition to Motion re: #143 MOTION to Approve Sale of Assets Free and Clear of Liens, Claims and Encumbrances. . Document filed by Jay Pila. (Tarasoff, Craig)
August 17, 2018 Filing 160 RESPONSE in Opposition to Motion re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction ., #143 MOTION to Approve Sale of Assets Free and Clear of Liens, Claims and Encumbrances. . Document filed by Burlington Centre Owner, LLC. (Attachments: #1 Affidavit of Robert Kubica in Support of Limited Objection, #2 Certificate of Service)(Longo, Kim)
August 17, 2018 Filing 159 NOTICE OF APPEARANCE by Kim Marie Longo on behalf of Burlington Centre Owner, LLC. (Longo, Kim)
August 14, 2018 Opinion or Order Filing 158 ORDER granting #152 Letter Motion for Extension of Time to File Response/Reply. Request Granted. Burlington Centre Owner, LLC ("Burlington") is hereby granted an extension of time to respond to the Receiver's Auction Procedures Motion. Burlington is directed to file its response by close of business on Friday, August 17, 2018. Responses due by 8/17/2018. (Signed by Judge Katherine Polk Failla on 8/14/2018) (mro)
August 14, 2018 Filing 157 RESPONSE in Opposition to Motion re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction . . Document filed by Jay Pila. (Tarasoff, Craig)
August 14, 2018 Filing 156 AFFIRMATION of Craig S. Tarasoff in Support re: #154 MOTION to Intervene and to Amend the Order Appointing Receiver 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)
August 14, 2018 Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION to Intervene and to Amend the Order Appointing Receiver on behalf of Jay Pila. . Document filed by Jay Pila. (Tarasoff, Craig)
August 14, 2018 Filing 154 MOTION to Intervene and to Amend the Order Appointing Receiver on behalf of Jay Pila. Document filed by Jay Pila. Return Date set for 9/4/2018 at 09:30 AM.(Tarasoff, Craig)
August 14, 2018 Filing 153 NOTICE OF APPEARANCE by Craig S Tarasoff on behalf of Jay Pila. (Tarasoff, Craig)
August 14, 2018 Filing 152 LETTER MOTION for Extension of Time to File Response/Reply as to #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction . on Behalf of Receiver and Burlington Centre Owner, LLC addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated August 14, 2018. Document filed by William A. Brandt, Jr. Return Date set for 8/24/2018 at 04:00 PM.(Rosen, Sanford)
August 3, 2018 Filing 151 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of July 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
August 1, 2018 Opinion or Order Filing 150 ORDER granting #142 Letter Motion to Expedite. Requests GRANTED. The Court hereby orders the parties to convene for a hearing on the Receiver's Auction Procedures Motion on August 24, 2018 at 4:00 p.m., with any objections be filed no later than August 14, 2018. The Court hereby orders the parties to convene for a hearing on the Receiver's Sale Motion on October 11, 2018 at 3:00 p.m., with any objections to be filed no later than August 21, 2018. (Signed by Judge Katherine Polk Failla on 8/1/2018) (mro)
August 1, 2018 Set/Reset Deadlines: Motion Hearing set for 8/24/2018 at 04:00 PM before Judge Katherine Polk Failla. Motion Hearing set for 10/11/2018 at 03:00 PM before Judge Katherine Polk Failla. (mro)
July 31, 2018 Filing 149 DECLARATION of Exhibit I, Notice List in Support re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction .. Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit J, Proposed Order Granting Auction Procedures Motion)(Rosen, Sanford)
July 31, 2018 Filing 148 DECLARATION of Michael VanNiel, Part 1 in Support re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction .. Document filed by William A. Brandt, Jr. (Attachments: #1 VanNiel Declaration, Part 2)(Rosen, Sanford)
July 31, 2018 Filing 147 DECLARATION of Sanford P. Rosen, Part 1 in Support re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction .. Document filed by William A. Brandt, Jr. (Attachments: #1 Rosen Declaration, Part 2, #2 Rosen Declaration, Part 3, #3 Rosen Declaration, Part 4, #4 Rosen Declaration, Part 5, #5 Rosen Declaration, Part 6, #6 Rosen Declaration, Part 7, #7 Rosen Declaration, Part 8)(Rosen, Sanford)
July 31, 2018 Filing 146 AFFIDAVIT of Resolutions, Exhibit G, in Support re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction .. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
July 31, 2018 Filing 145 AFFIDAVIT of William A. Brandt, Receiver, Exhibit H, in Support re: #144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction .. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
July 31, 2018 Filing 144 MOTION to Approve Auction and Notice Procedures, Designating Wesley Holdings Ltd. As Stalking Horse Bidder of 3si Hub Assets, Approving Patent Assignment Enforcement Actions and Corporate Resolutions, and Issuing Inventor Claim Injunction . Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rosen, Sanford)
July 31, 2018 Filing 143 MOTION to Approve Sale of Assets Free and Clear of Liens, Claims and Encumbrances. Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rosen, Sanford)
July 31, 2018 Filing 142 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Expedite Hearing on Proposed Auction Procedures addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated July 31, 2018. Document filed by William A. Brandt, Jr.(Rosen, Sanford) Modified on 8/10/2018 (ldi).
July 3, 2018 Filing 141 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of June 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
June 29, 2018 Filing 140 MEMO ENDORSEMENT on re: #139 Status Report filed by William A. Brandt, Jr. ENDORSEMENT: Application GRANTED. The Receiver is directed to file motion papers by July 31, 2018. If any party wishes to respond to those motion papers, responses will be due 21 days after the date on which the motion is filed. The parties will appear for a telephonic conference with the Court on September 13, 2018, at 3:00 p.m. (Signed by Judge Katherine Polk Failla on 6/29/2018) (tn)
June 29, 2018 Filing 139 STATUS REPORT. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
June 29, 2018 Set/Reset Deadlines: Motions due by 7/31/2018. (tn)
June 29, 2018 Set/Reset Hearings: Telephone Conference set for 9/13/2018 at 03:00 PM before Judge Katherine Polk Failla. (tn)
June 21, 2018 Filing 138 MEMO ENDORSEMENT on re: #137 Letter filed by William A. Brandt, Jr. ENDORSEMENT: The Court is in receipt of the letter, above, from counsel for the Receiver. The telephone conference scheduled for June 26, 2018, at 10:00 a.m. is ADJOURNED sine die. Mr. Rosen is directed to file a letter no later than June 29, 2018, apprising the Court of the status of the patents and proposing a firm date by which motion papers will be filed. After the date for motion papers is set, the Court will schedule a telephone conference with the parties to discuss the proposed sale. (Signed by Judge Katherine Polk Failla on 6/21/2018) (rro)
June 20, 2018 Filing 137 LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated June 20, 2018 re: Sale Motion Status. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
June 8, 2018 Filing 136 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of May 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
May 25, 2018 Opinion or Order Filing 135 ORDER granting #134 Letter Motion for Extension of Time. Application GRANTED. The telephone conference scheduled for June 12, 2018, at 10:00 a.m., is hereby ADJOURNED to June 26, 2018, at 10:00 a.m. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/25/2018) (ne)
May 25, 2018 Filing 134 FIRST LETTER MOTION for Extension of Time for Telephone Conference addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated May 25, 2018. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
May 25, 2018 Set/Reset Hearings: Telephone Conference set for 6/26/2018 at 10:00 AM before Judge Katherine Polk Failla. (ne)
May 18, 2018 Filing 133 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of April 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
May 18, 2018 Filing 132 NOTICE of of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of March 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
May 10, 2018 Opinion or Order Filing 131 ORDER: During a telephonic conference with the parties on May 9, 2018, the Court learned that the parties wish to be heard in connection with a motion for an auction pursuant to the Receivership Order that is in place in this matter. The Court understands that motion and supporting papers will be filed on May 25, 2018. Accordingly, it is hereby ORDERED that the parties appear for a telephonic conference with the Court on June 12, 2018, at 10:00 a.m. ( Telephone Conference set for 6/12/2018 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/10/2018) (rro)
May 9, 2018 Filing 130 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 05/09/2018 re: Pre-Trial Conference Even Date. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
May 1, 2018 Filing 129 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of April 2018.. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
April 19, 2018 Opinion or Order Filing 128 ORDER: The Court is in receipt of Defendants counsels letters (Dkt. # 125, 127), as well as Receiver Brandt's request for a conference (Dkt. #126). There is currently a pretrial conference scheduled in this matter on May 9, 2018, at 4:00 p.m. In light of the letter requests, the Court will conduct this conference by telephone, and will hear from the parties about the status of fact discovery, any anticipated motions for summary judgment, and the status of the receivership. The parties are directed to join a common conference call line and to dial the Court at (212) 805-0290 with all parties on the line. So Ordered. (Signed by Judge Katherine Polk Failla on 4/19/2018) (js)
April 17, 2018 Filing 127 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 04/17/2018 re: Mr. Rosen's Doc. 126 Even Date. Document filed by 3si Systems, LLC, David W. Wagner.(Jesser, Steven)
April 17, 2018 Filing 126 LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated April 17, 2018 re: Request for Status Conference. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
April 17, 2018 Filing 125 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 04/17/2018 re: 5/9/2018 4:00 PM Pre-Trial Conference. Document filed by 3si Systems, LLC, David W. Wagner.(Jesser, Steven)
April 3, 2018 Filing 124 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of March 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
March 27, 2018 Filing 123 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of February 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
March 22, 2018 Filing 122 STATUS REPORT. Receiver's Second Status Report Pursuant to Order Appointing Receiver Dated September 5, 2017 Document filed by William A. Brandt, Jr.(Rosen, Sanford)
March 19, 2018 Filing 121 NOTICE of Proposed Second Amended Budget re: #78 Order Appointing Receiver,,,,. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
March 9, 2018 Opinion or Order Filing 120 ORDER granting in part #119 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED in part. The time for fact discovery is extended to May 4, 2018, and the time for expert discovery is extended to June 18, 2018. No further extensions will be granted. The pretrial conference currently scheduled for March 22, 2018, at 4:00 p.m. is hereby ADJOURNED to May 9, 2018, at 4:00 p.m. The conference scheduled for March 22, 2018, at 3:00 p.m. in the related case 16 Civ. 4040 (KPF) will proceed as planned. (Signed by Judge Katherine Polk Failla on 3/9/2018) (js)
March 9, 2018 Set/Reset Deadlines: ( Expert Discovery due by 6/18/2018., Fact Discovery due by 5/4/2018.), Set/Reset Hearings:( Pretrial Conference set for 5/9/2018 at 04:00 PM before Judge Katherine Polk Failla.) (js)
March 9, 2018 Filing 119 LETTER MOTION for Extension of Time to Complete Discovery /Fact Discovery and Expert Discovery addressed to Judge Katherine Polk Failla from Keith R. Murphy dated March 9, 2018. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
March 8, 2018 Filing 118 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 03/08/2018 re: Requested Motion For Stay of Proceedings Against Defendant Mr. Wagner. Document filed by David W. Wagner. (Attachments: #1 Exhibit)(Jesser, Steven)
March 8, 2018 Filing 117 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 03/08/2018 re: Stay. Document filed by David W. Wagner.(Jesser, Steven)
March 8, 2018 Opinion or Order Filing 116 ORDER GRANTING FIRST INTERIM ALLOWANCES OF COMPENSATION AND REIMBURSEMENT OF EXPENSES: granting #110 Motion for Compensation; granting #111 Motion for Compensation. ORDERED, that the First Interim Fee Applications be, and the same hereby are, granted as set forth herein; and it further ORDERED, that the Receiver, on behalf of himself and Development Specialists, Inc., be, and he hereby is, awarded interim compensation of $15,000 for the period September 5, 2017 through November 30, 2017, of which $11,250 has been previously paid to the Receiver and shall be applied in payment of the award made by this Order; and it is further ORDERED, that Rosen & Associates, P.C. be, and it hereby is, awarded interim compensation of $15,227.50 and reimbursement of expenses incurred in the amount of $82.62 for the period September 11, 2017 through and including December 31, 2017, of which $11,420.62 of compensation and $82.62 of reimbursement of expenses have been previously paid to Rosen & Associates, P.C. and shall be applied in payment of the award made by this Order; and it is further ORDERED, that the Court shall retain jurisdiction to hear and to determine all matters arising from or related to the implementation of this Order, and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 3/8/2018) (ap)
March 7, 2018 Filing 115 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 03/07/2018 re: Doc. 112. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
March 2, 2018 Filing 114 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of February 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
February 28, 2018 Opinion or Order Filing 113 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. ENDORSEMENT: SO ORDERED. (Attorney Samuel Mark Light terminated.) (Signed by Judge Katherine Polk Failla on 2/28/2018) (jwh)
February 27, 2018 Opinion or Order Filing 112 SCHEDULING ORDER: On February 15, 2018, Receiver Brandt filed a motion for compensation. (Dkt. #110). On February 23, 2018, Receiver Brandt's counsel at Rosen & Associates, P.C. filed a motion for compensation. (Dkt. #111). Defendants are hereby ORDERED to file a single response to both motions, not to exceed 10 pages, by March 9, 2018. Responses due by 3/9/2018. (Signed by Judge Katherine Polk Failla on 2/27/2018) (kgo)
February 23, 2018 Filing 111 FIRST MOTION for Compensation (Interim)of Rosen & Associates, P.C., Attorneys for the Receiver. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
February 15, 2018 Filing 110 FIRST MOTION for Compensation of William A. Brandt, Jr. and Development Specialists, Inc.. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
February 13, 2018 Filing 109 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of January 2018. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
February 13, 2018 Filing 108 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of December 2017. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
February 9, 2018 Filing 107 LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated February 9, 2018 re: Pre-Motion Conference not necessary. Document filed by William A. Brandt, Jr. (Attachments: #1 Exhibit Memo Endorsed Order dated January 8, 2018)(Rosen, Sanford)
February 5, 2018 Filing 106 NOTICE of of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of January 2018.. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
January 17, 2018 Opinion or Order Filing 105 MEMO ENDORSEMENT on re: #104 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)
January 17, 2018 Filing 104 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)
January 12, 2018 Filing 103 MEMO ENDORSEMENT on RECEIVER'S NOTICE OF FILING OF MODIFIED BUDGET DATED DECEMBER 5, 2017 re: #102 Notice (Other) filed by William A. Brandt, Jr. ENDORSEMENT: By email dated January 11, 2018, counsel for Defendants informed the Court that Defendants do not object to the modification of the Receiver's budget. Accordingly, the Receiver's application is GRANTED. (Signed by Judge Katherine Polk Failla on 1/12/2018) (js)
January 11, 2018 Filing 102 NOTICE of Proposed Modified Budget re: #78 Order Appointing Receiver,,,,. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
January 10, 2018 Opinion or Order Filing 101 ORDER granting #100 Letter Motion for Extension of Time to Complete Discovery: Application GRANTED. Fact discovery will close on March 9, 2018; expert discovery will close on May 11, 2018. The post-discovery pretrial conference currently scheduled for February 16, 2018, at 10:00 a.m., is hereby ADJOURNED to March 22, 2018, at 4:00 p.m. (Signed by Judge Katherine Polk Failla on 1/10/2018) (jwh)
January 10, 2018 Filing 100 LETTER MOTION for Extension of Time to Complete Discovery and to Request an Adjournment of the February 16, 2018 Pretrial Conference addressed to Judge Katherine Polk Failla from Keith R. Murphy dated January 10, 2018. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
January 10, 2018 Set/Reset Hearings: Pretrial Conference set for 3/22/2018 at 04:00 PM before Judge Katherine Polk Failla. Set/Reset Deadlines: Expert Discovery due by 5/11/2018. Fact Discovery due by 3/9/2018. (jwh)
January 9, 2018 Opinion or Order Filing 99 MEMO ENDORSEMENT on re: #98 Letter filed by William A. Brandt, Jr. ENDORSEMENT: Application GRANTED. The conference scheduled for January 11, 2018, at 10:00 a.m., is adjourned sine die. Counsel for Mr. Brandt is directed to file a letter by February 8, 2018, informing the Court whether a conference is needed to address Defendants' compliance with the Court's September 5, 2017 Order. (Signed by Judge Katherine Polk Failla on 1/8/2018) (js)
January 8, 2018 Filing 98 FIRST LETTER addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated January 8, 2018 re: Cancel Conference. Document filed by William A. Brandt, Jr.(Rosen, Sanford)
January 8, 2018 Filing 97 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 01072018 re: Request For Telephone Participation. Document filed by 3si Systems, LLC.(Jesser, Steven)
January 5, 2018 Filing 96 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of December 2017. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
December 12, 2017 Filing 95 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of November 2017. Document filed by William A. Brandt, Jr. (Rosen, Sanford)
December 7, 2017 Filing 94 MEMO ENDORSED granting #92 Letter Motion to Adjourn Conference. ENDORSEMENT: Application GRANTED. The conference scheduled for December 28, 2017, at 12:30 p.m. is hereby ADJOURNED to January 11, 2018, at 10:00 a.m. Status Conference set for 1/11/2018 at 10:00 AM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 12/7/2017) (js)
December 7, 2017 Filing 93 FIRST LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated 12/07/2017 re: Doc. 92 Request For Adjournment. Document filed by 3si Systems, LLC.(Jesser, Steven)
December 7, 2017 Filing 92 LETTER MOTION to Adjourn Conference Request for Adjournment of Pre-Motion Conference addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated 12/07/2017. Document filed by William A. Brandt, Jr.(Ko, Alice)
December 4, 2017 Filing 91 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of November 2017. Document filed by William A. Brandt, Jr. (Ko, Alice)
December 1, 2017 Filing 90 NOTICE OF APPEARANCE by James William Halter on behalf of Jay Pila. (Halter, James)
December 1, 2017 Filing 89 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)
November 22, 2017 Filing 88 NOTICE OF APPEARANCE by Sanford Philip Rosen on behalf of William A. Brandt, Jr. (Rosen, Sanford)
November 21, 2017 Opinion or Order Filing 87 MEMO ENDORSED granting #86 Letter Motion for Conference re: #86 LETTER MOTION for Conference re: #78 Order Appointing Receiver,,,, Request for Pre-Motion Conference for Motion to Hold Defendants in Contempt addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated 11/21/17. ENDORSEMENT: The Court is in receipt of the above letter from counsel for the Receiver, Mr. Brandt. Because of existing trial commitments, the Court cannot see the parties with the speed it desires. The parties are hereby ORDERED to appear for a conference with the Court on December 28, 2017, at 12:30 p.m.in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. If Defendants comply with the September 5, 2017 Receivership Order in the interim, the parties will notify the Court promptly. Status Conference set for 12/28/2017 at 12:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 11/21/2017) (js) Modified on 11/22/2017 (js).
November 21, 2017 Filing 86 LETTER MOTION for Conference re: #78 Order Appointing Receiver,,,, Request for Pre-Motion Conference for Motion to Hold Defendants in Contempt addressed to Judge Katherine Polk Failla from Sanford P. Rosen dated 11/21/17. Document filed by William A. Brandt, Jr.(Ko, Alice)
November 14, 2017 Filing 85 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of October 2017. Document filed by William A. Brandt, Jr. (Ko, Alice)
November 8, 2017 Filing 84 NOTICE of Invoice of William A. Brandt, Jr. for Services Rendered as Receiver for the Month of September 2017. Document filed by William A. Brandt, Jr. (Ko, Alice)
November 1, 2017 Filing 83 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of October 2017. Document filed by William A. Brandt, Jr. (Ko, Alice)
November 1, 2017 Filing 82 NOTICE of Invoice of Rosen & Associates, P.C. for Services Rendered to the Receiver for the Month of September 2017. Document filed by William A. Brandt, Jr. (Ko, Alice)
October 24, 2017 Filing 81 NOTICE OF APPEARANCE by Alice Pin-Lan Ko on behalf of William A. Brandt, Jr. (Ko, Alice)
October 20, 2017 Filing 80 STATUS REPORT. Receiver's First Status Report Pursuant to Order Appointing Receiver Dated September 5, 2017 Document filed by William A. Brandt, Jr.(Ko, Alice)
September 25, 2017 Opinion or Order Filing 79 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) Settlement discussions have not taken place. The parties have not conferred pursuant to Fed. R. Civ. P. 26(f) Deposition due by 3/27/2018. Fact Discovery due by 2/9/2018. Expert Discovery due by 3/27/2018. Amended pleadings may not be filed and additional parties may not bejoined except with leave of the Court. Any motion to amend or to joinadditional parties shall be filed within 30 days from the date of thisOrder. Depositions of fact witnesses shall be completed by 2/9/2018. Pretrial Conference set for 2/16/2018 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 9/25/2017) (js)
September 5, 2017 Opinion or Order Filing 78 ORDER APPOINTING RECEIVER: NOW, THEREFORE, IT IS HEREBY ORDERED, THAT: 1. The Motion is GRANTED in its entirety. 2. Appointment. The Court hereby appoints William A. Brandt, Jr. of Development Specialists, Inc. (the Receiver) to serve as receiver of 3si Systems and the Collateral. Such appointment shall become effective immediately upon the Effective Date (as that term is defined herein), and the Receiver shall be deemed to have taken possession of the Collateral upon the Effective Date. The Receiver is qualified to act as Receiver in this case and shall have primary responsibility for this receivership. The Receiver shall have sole authority over the Collateral and is hereby vested with all necessary authority to take such corporate actions on behalf of 3si Systems with respect to the Collateral, as the Receiver deems necessary or appropriate in accordance with this Order and the Receiver's business judgment. 3. No Bond. The Receivers appointment shall not be conditioned upon the postingof bond or other security. (Signed by Judge Katherine Polk Failla on 9/5/2017) (js)
September 5, 2017 Opinion or Order Filing 77 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 Motion to Consolidate Cases. (Signed by Judge Katherine Polk Failla on 9/5/2017). Entry also made in case no. 16cv4040. (rjm)
August 25, 2017 Filing 76 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated August 25, 2017 re: To Clarify Certain Matters Regarding Wesley's Suggested Receiver and to Submit a Proposed Form of Receivership Order. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit A. Proposed Order Granting Motion for the Appointment of a Receiver, #2 Exhibit 1. 3si Systems Collateral, #3 Exhibit 2. Six-Month Budget of Receivership Fees and Expenses, #4 Exhibit B. 3si Systems Collateral, #5 Exhibit C. Letter to Steven H. Jesser dated August 1, 2017)(Murphy, Keith)
August 18, 2017 Opinion or Order Filing 75 ORDER: granting #74 Letter Motion for Extension of Time. Application GRANTED. (Docketed as Endorsed Letter in 16cv4040.) (Signed by Judge Katherine Polk Failla on 8/18/2017) (ap) Modified on 8/21/2017 (ap).
August 18, 2017 Filing 74 LETTER MOTION for Extension of Time to Submit a Proposed Receivership Budget and Order addressed to Judge Katherine Polk Failla from Keith R. Murphy dated August 18, 2017. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
August 10, 2017 Filing 73 MEMO ENDORSED granting #72 Letter Motion for Extension of Time. 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)
August 9, 2017 Filing 72 LETTER MOTION for Extension of Time for Wesley Holdings, Ltd. to Submit its Proposed Receivership Budget and Order to August 18, 2017 addressed to Judge Katherine Polk Failla from Keith R. Murphy dated August 9, 2017. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
August 8, 2017 Opinion or Order Filing 71 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 8/8/17) (js)
August 3, 2017 Opinion or Order Filing 70 ORDER re: #68 Letter filed by 3si Systems, LLC: 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)
August 3, 2017 Filing 69 LETTER addressed to Judge Katherine Polk Failla from Matthew R. Goldman dated August 3, 2017 re: in Response to the Letter Submitted by Steven H. Jesser Dated August 2, 2017. Document filed by Wesley Holdings Ltd..(Goldman, Matthew)
August 2, 2017 Filing 68 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)
July 31, 2017 Opinion or Order Filing 67 ORDER: granting in part and denying in part #32 Motion to Appoint Receiver(s) William A. Brandt, Jr. 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) (Signed by Judge Katherine Polk Failla on 7/31/2017) (ap)
July 24, 2017 Filing 66 MEMO ENDORSEMENT granting #65 Motion for Leave to File Document. ENDORSEMENT: Application GRANTED. (Signed by Judge Katherine Polk Failla on 7/24/2017) (cf)
July 24, 2017 Minute Entry Telephone Conference set for 7/28/2017 at 10:00am. (Lopez, Jose)
July 21, 2017 Filing 65 MOTION for Leave to File Answer Instanter,Four Days Out of Time. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner. (Attachments: #1 Exhibit)(Jesser, Steven)
July 21, 2017 Filing 64 ANSWER to Complaint. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
July 21, 2017 Filing 63 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
July 21, 2017 Filing 62 AFFIDAVIT of Keith R. Murphy in Support re: #61 Request to Enter Default,. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit A. Joint Statement and Related Transmittal E-Mail)(Murphy, Keith)
July 21, 2017 Filing 61 REQUEST TO ENTER DEFAULT against Defendants 3si Systems, LLC; Surgical Safety Solutions, LLC; Downing Health Technologies, LLC; Downing Investment Partners, LP; Downing Partners, LLC; Hannover Square Capital Partners, LP; Cliniflow Technologies, LLC; and David W. Wagner . Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1. Proposed Clerk's Certificate of Default)(Murphy, Keith)
July 20, 2017 Filing 60 DECLARATION of Keith R. Murphy re: #59 Request to Enter Default, . Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1. Joint Statement and Related Transmittal E-Mail)(Murphy, Keith)
July 20, 2017 Filing 59 REQUEST TO ENTER DEFAULT against Defendants 3si Systems, LLC; Surgical Safety Solutions, LLC; Downing Health Technologies, LLC; Downing Investment Partners, LP; Downing Partners, LLC; Hannover Square Capital Partners, LP; Cliniflow Technologies, LLC; and David W. Wagner . Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1. Proposed Certificate of Default)(Murphy, Keith)
July 20, 2017 Filing 58 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated July 20, 2017 re: Declaration of David W. Wagner Submitted on June 26, 2017. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
July 3, 2017 Filing 57 REPLY AFFIRMATION of Michael H. Shaut (Declaration) in Support re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. .. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1-March 7, 2016 Email Correspondence and Financials)(Murphy, Keith)
July 3, 2017 Filing 56 REPLY to Response to Motion re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. . . Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
June 30, 2017 Filing 55 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated June 30, 2017 re: Defendants' Reprsentatio. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
June 26, 2017 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Leave to File Document. Application GRANTED. The deadline for Defendants' opposition brief is extended nunc pro tunc such that Defendants' filing at Docket Entry 52 is accepted as timely. The deadline for Plaintiff's reply brief is hereby extended to July 3, 2017. (Signed by Judge Katherine Polk Failla on 6/26/2017) (mro)
June 26, 2017 Set/Reset Deadlines: Replies due by 7/3/2017. (mro)
June 26, 2017 Filing 53 MOTION for Leave to File Defendants' Motion for Leave to File Instanter, Approximately One-Half Day, Out-Of-Time, Defendants' Memorandum . Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
June 26, 2017 Filing 52 REPLY MEMORANDUM OF LAW in Opposition re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. . . Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner. (Jesser, Steven)
June 19, 2017 Filing 51 MEMO ENDORSEMENT on re: #50 Letter filed by Wesley Holdings Ltd. MEMO ENDORSEMENT: The Court is in receipt of the parties' correspondences regarding Defendants' application for a one-week extension to file their opposition to Plaintiff's motion for the appointment of a receiver. (See Dkt. # 49-50). Defendants' application is GRANTED. Defendants' opposition brief is due June 23, 2017; Plaintiff's reply brief is due June 30, 2017. The deadline for defense counsel's 2-page letter regarding the two representation issues previously identified (see Dkt. #45) is likewise extended one-week to June 30, 2017. No further extensions will be granted absent exceptional circumstances. (Signed by Judge Katherine Polk Failla on 6/19/2017) (tn)
June 19, 2017 Set/Reset Deadlines as to #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc.: Responses due by 6/23/2017, Replies due by 6/30/2017. (tn)
June 16, 2017 Filing 50 LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated June 16, 2017 re: Response to June 15, 2017 Letter by Counsel for Defendants. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
June 15, 2017 Filing 49 LETTER addressed to Judge Katherine Polk Failla from Steven H. Jesser dated June 15, 2017 re: Request/Motion For 7-Day Enlargement. Document filed by 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner.(Jesser, Steven)
June 15, 2017 Filing 48 JOINT LETTER addressed to Judge Katherine Polk Failla from Keith R. Murphy dated June 15, 2017 re: Clarification of Certain Matters Related to Motions for Appointment of Receiver and for Attachment. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
June 7, 2017 Filing 47 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)
June 7, 2017 Filing 46 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)
May 26, 2017 Opinion or Order Filing 45 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)
May 26, 2017 Opinion or Order Filing 44 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)
May 25, 2017 Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 5/25/2017. (Court Reporter Sonya Ketter) (Lopez, Jose)
May 24, 2017 Filing 43 NOTICE OF APPEARANCE by Steven H. Jesser on behalf of 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner. (Jesser, Steven)
May 23, 2017 Opinion or Order Filing 42 ORDER TO ADMIT MICHAEL VANNIEL PRO HAC VICE granting #39 Motion for Michael VanNiel to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 5/23/2017) (rj)
May 23, 2017 Opinion or Order Filing 41 ORDER TO ADMIT ALEXIS C. BEACHDELL PRO HAC VICE granting #40 Motion for Alexis C. Beachdell to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 5/23/2017) (rj) Modified on 5/23/2017 (rj).
May 18, 2017 Filing 40 MOTION for Alexis C. Beachdell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13679252. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Affidavit in Support, #2 Exhibit A-Certificate of Good Standing, #3 Text of Proposed Order)(Beachdell, Alexis)
May 18, 2017 Filing 39 MOTION for Michael VanNiel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13679144. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Affidavit in Support, #2 Exhibit A-Certificate of Good Standing, #3 Text of Proposed Order)(VanNiel, Michael)
May 18, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Michael VanNiel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13679144. Motion and supporting papers to be reviewed by Clerk's Office staff., #40 MOTION for Alexis C. Beachdell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13679252. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 17, 2017 Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Consolidate Cases 1:17-cv-03362 and 1:16-cv-04040 . . Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 17, 2017 Filing 37 MOTION to Consolidate Cases 1:17-cv-03362 and 1:16-cv-04040 . Document filed by Wesley Holdings Ltd.. (Attachments: #1 Text of Proposed Order)(Murphy, Keith)
May 17, 2017 Filing 36 MEMORANDUM OF LAW in Support re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. . . Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 17, 2017 Filing 35 DECLARATION of Michael H. Shaut in Support re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. .. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1-Financial Statements, #2 Exhibit 2-June 24, 2016 Letter, #3 Exhibit 3-Cliniflow Private Placement Memoranda)(Murphy, Keith)
May 17, 2017 Filing 34 DECLARATION of Joseph O. Wesley in Support re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. .. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1-Part 1-Loan Agreement, #2 Exhibit 1-Part 2, #3 Exhibit 2-Note, #4 Exhibit 3-Security Agreement, #5 Exhibit 4-Financing Statement, #6 Exhibit 5-Notice of Default)(Murphy, Keith)
May 17, 2017 Filing 33 DECLARATION of Keith R. Murphy in Support re: #32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. .. Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit 1-Biography and Summary of Experience of Proposed Receiver)(Murphy, Keith)
May 17, 2017 Filing 32 MOTION to Appoint Receiver(s) William A. Brandt, Jr. of Development Specialists, Inc. . Document filed by Wesley Holdings Ltd.. (Attachments: #1 Text of Proposed Order)(Murphy, Keith)
May 17, 2017 Filing 31 SUMMONS RETURNED EXECUTED. David W. Wagner served on 5/15/2017, answer due 6/5/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 16, 2017 Filing 30 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference on 5/15/17. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 15, 2017 Filing 29 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. CliniFlow Technologies, LLC served on 5/11/2017, answer due 6/1/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 15, 2017 Filing 28 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Hannover Square Capital Partners, LP served on 5/11/2017, answer due 6/1/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 15, 2017 Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Downing Partners, LLC served on 5/11/2017, answer due 6/1/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 15, 2017 Filing 26 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Downing Investment Partners, LP served on 5/11/2017, answer due 6/1/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 15, 2017 Filing 25 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Surgical Safety Solutions, LLC served on 5/11/2017, answer due 6/1/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 15, 2017 Filing 24 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. 3si Systems, LLC served on 5/11/2017, answer due 6/1/2017. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 11, 2017 Opinion or Order Filing 23 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial 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, as further set forth in this order. Plaintiff is further directed to serve the summons and complaint as quickly as possible, given the short time frame before the conference. (Signed by Judge Katherine Polk Failla on 5/11/2017) (jwh)
May 11, 2017 CASE DECLINED AS NOT RELATED. Case referred as related to 16cv4040 and declined by Judge Katherine Polk Failla and returned to wheel for assignment. (wb)
May 11, 2017 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb)
May 11, 2017 Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb)
May 8, 2017 Filing 22 ELECTRONIC SUMMONS ISSUED as to David W. Wagner. (kl)
May 8, 2017 Filing 21 ELECTRONIC SUMMONS ISSUED as to CliniFlow Technologies, LLC. (kl)
May 8, 2017 Filing 20 ELECTRONIC SUMMONS ISSUED as to Hannover Square Capital Partners, LP. (kl)
May 8, 2017 Filing 19 ELECTRONIC SUMMONS ISSUED as to Downing Partners, LLC. (kl)
May 8, 2017 Filing 18 ELECTRONIC SUMMONS ISSUED as to Downing Investment Partners, LP. (kl)
May 8, 2017 Filing 17 ELECTRONIC SUMMONS ISSUED as to Downing Health Technologies, LLC. (kl)
May 8, 2017 Filing 16 ELECTRONIC SUMMONS ISSUED as to Surgical Safety Solutions, LLC. (kl)
May 8, 2017 Filing 15 ELECTRONIC SUMMONS ISSUED as to 3si Systems, LLC. (kl)
May 8, 2017 Case Designated ECF. (kl)
May 8, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (kl)
May 8, 2017 CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 1:16-cv-04040-KPF. (kl)
May 5, 2017 Filing 14 NOTICE OF APPEARANCE by Samuel Mark Light on behalf of Wesley Holdings Ltd.. (Light, Samuel)
May 5, 2017 Filing 13 NOTICE OF APPEARANCE by Matthew R. Goldman on behalf of Wesley Holdings Ltd.. (Goldman, Matthew)
May 5, 2017 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to David W. Wagner, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to CliniFlow Technologies, LLC, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Hannover Square Capital Partners, LP, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Partners, LLC, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Investment Partners, LP, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Downing Health Technologies, LLC, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Surgical Safety Solutions, LLC, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to 3si Systems, LLC, re: #1 Complaint,,. Document filed by Wesley Holdings Ltd.. (Murphy, Keith)
May 5, 2017 Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-CV-04040. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
May 5, 2017 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wesley Holdings Ltd..(Murphy, Keith)
May 5, 2017 Filing 2 CIVIL COVER SHEET filed. (Murphy, Keith)
May 5, 2017 Filing 1 COMPLAINT against 3si Systems, LLC, CliniFlow Technologies, LLC, Downing Health Technologies, LLC, Downing Investment Partners, LP, Downing Partners, LLC, Hannover Square Capital Partners, LP, Surgical Safety Solutions, LLC, David W. Wagner. (Filing Fee $ 400.00, Receipt Number 0208-13629292)Document filed by Wesley Holdings Ltd.. (Attachments: #1 Exhibit A: Financial Statements, #2 Exhibit B, Part 1: Loan Agreement, #3 Exhibit B, Part 2, #4 Exhibit C: Note, #5 Exhibit D: Security Agreement, #6 Exhibit E: Financing Statement, #7 Exhibit F: Notice of Default)(Murphy, Keith)

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Search for this case: Wesley Holdings Ltd. v. 3si Systems, LLC et al
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Defendant: Hannover Square Capital Partners, LP
Represented By: Steven H. Jesser
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Defendant: Downing Partners, LLC
Represented By: Steven H. Jesser
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Defendant: CliniFlow Technologies, LLC
Represented By: Steven H. Jesser
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Defendant: Surgical Safety Solutions, LLC
Represented By: Steven H. Jesser
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Defendant: 3si Systems, LLC
Represented By: Steven H. Jesser
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Defendant: Downing Health Technologies, LLC
Represented By: Steven H. Jesser
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Defendant: Downing Investment Partners, LP
Represented By: Steven H. Jesser
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Defendant: David W. Wagner
Represented By: Steven H. Jesser
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Plaintiff: Wesley Holdings Ltd.
Represented By: Matthew R. Goldman
Represented By: Samuel Mark Light
Represented By: Keith R. Murphy
Represented By: Michael A. VanNiel
Represented By: Alexis C. Beachdell
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Interested party: Mr. Jay Pila
Represented By: James William Halter
Represented By: Craig S Tarasoff
Represented By: Jeffrey Lew Liddle
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Interested party: Burlington Centre Owner, LLC
Represented By: Kim Marie Longo
Represented By: John J. Tepedino
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Receiver: William A. Brandt, Jr.
Represented By: Sanford Philip Rosen
Represented By: Alice Pin-Lan Ko
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