Gottsch v. Eaton & Van Winkle LLP et al

Justia Dockets & Filings Second Circuit New York Southern District Gottsch v. Eaton & Van Winkle LLP et al

Gottsch v. Eaton & Van Winkle LLP et al

Plaintiff:	Patrick Gottsch
Defendant:	Vincent McGill, Martin Garbus, Eaton & Van Winkle LLP and David Spivak
Case Number:	1:2017cv06974
Filed:	September 13, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Barbara C Moses
Referring Judge:	Laura Taylor Swain
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 fd Diversity-Breach of Fiduciary Duty
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on April 10, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 10, 2019	Transmission of USCA Mandate/Order to the District Judge re: #77 USCA Mandate. (tp)
April 9, 2019	Filing 77 MANDATE of USCA (Certified Copy) as to #53 Notice of Interlocutory Appeal, filed by Patrick Gottsch USCA Case Number 18-3219. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/9/2019. (tp)
February 25, 2019	Filing 76 MEMO ENDORSEMENT: on re: #75 Letter filed by Patrick Gottsch. ENDORSEMENT: The reinstatement provisions of the Order of Dismissal are extended through March 23, 2019. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/25/2019) (ama)
February 22, 2019	Filing 75 LETTER addressed to Judge Laura Taylor Swain from Anne W. Salisbury, Esq. dated 2/22/19 re: Application for Extension of Time to Complete Settlement Agreement. Document filed by Patrick Gottsch.(Salisbury, Anne)
January 23, 2019	Filing 74 ORDER OF DISMISSAL: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs to either party, but without prejudice to restoration of the action to the calendar of the undersigned if settlement is not achieved within thirty (30) days of the date of this Order. If a party wishes to reopen this matter or extend the time within which it may be settled, the party must make a letter application before this thirty (30)-day period expires. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they shall submit the settlement agreement to the Court to be so ordered. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/23/2019) (ama)
January 22, 2019	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 1/22/2019. (Snell, Kevin)
January 10, 2019	Filing 73 DECLARATION of Anne W. Salisbury in Support re: #71 MOTION for Leave to File First Amended Complaint .. Document filed by Patrick Gottsch. (Attachments: #1 Exhibit A to Declaration of Anne W. Salisbury, #2 Exhibit B to Declaration of Anne W. Salisbury)(Salisbury, Anne)
January 10, 2019	Filing 72 MEMORANDUM OF LAW in Support re: #71 MOTION for Leave to File First Amended Complaint . . Document filed by Patrick Gottsch. (Salisbury, Anne)
January 10, 2019	Filing 71 MOTION for Leave to File First Amended Complaint . Document filed by Patrick Gottsch. Return Date set for 12/24/2018 at 10:00 AM.(Salisbury, Anne)
December 28, 2018	Filing 70 REPLY MEMORANDUM OF LAW in Support re: #65 MOTION for Leave to File First Amended Complaint . . Document filed by Patrick Gottsch. (Salisbury, Anne)
December 21, 2018	Filing 69 STIPULATION SETTING BRIEFING SCHEDULE ON MOTION FOR LEAVE TO AMEND: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Plaintiff's time to Reply to Defendants' Opposition to Plaintiff's Motion for Leave to amend shall be extended to and including December 28, 2018. SO ORDERED. (Replies due by 12/28/2018.) (Signed by Magistrate Judge Barbara C. Moses on 12/21/2018) (jca)
December 20, 2018	Filing 68 LETTER MOTION for Extension of Time to File Response/Reply as to #67 Memorandum of Law in Opposition to Motion for Leave to Amend addressed to Magistrate Judge Barbara C. Moses from Anne W. Salisbury, Esq. dated 12/20/18. Document filed by Patrick Gottsch. Return Date set for 12/28/2018 at 10:00 AM.(Salisbury, Anne)
December 14, 2018	Filing 67 MEMORANDUM OF LAW in Opposition re: #65 MOTION for Leave to File First Amended Complaint . . Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
December 14, 2018	Filing 66 ORDER of USCA (Certified Copy) as to #53 Notice of Interlocutory Appeal, filed by Patrick Gottsch. USCA Case Number 18-3219. Appellant moves to hold the appeal in abeyance pending the district court's decision on his motion for certification of partial final judgment pursuant to Federal Rule of Civil Procedure 54(b). IT IS HEREBY ORDERED that the motion is GRANTED. Appellant is directed to file a stay status update letter every 30 days. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/14/2018. (nd)
November 30, 2018	Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File First Amended Complaint . Document filed by Patrick Gottsch. Return Date set for 12/24/2018 at 10:00 AM. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Salisbury in Support, #3 Exhibit Exhibit A to Salisbury Dec., #4 Exhibit Exhibit B to Salisbury Dec.)(Salisbury, Anne) Modified on 1/3/2019 (db).
November 30, 2018	Filing 64 MEMORANDUM OF LAW in Support re: #54 MOTION for Certificate of Appealability Of Partial Final Judgment. . Document filed by Patrick Gottsch. (Guzov, Debra)
November 29, 2018	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Debra Joy Guzov to RE-FILE Document #55 MOTION for Certificate of Appealability Of Partial Final Judgment. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #54 Motion. (db)
November 20, 2018	Filing 63 REPLY MEMORANDUM OF LAW in Support re: #54 MOTION for Certificate of Appealability Of Partial Final Judgment., #55 MOTION for Certificate of Appealability Of Partial Final Judgment. . Document filed by Patrick Gottsch. (Salisbury, Anne)
November 13, 2018	Filing 62 MEMORANDUM OF LAW in Opposition re: #54 MOTION for Certificate of Appealability Of Partial Final Judgment. . Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill. (Sandercock, John)
November 5, 2018	Filing 61 STIPULATION AND ORDER: Motions terminated: #59 LETTER MOTION for Extension of Time to File Response/Reply as to #54 MOTION for Certificate of Appealability Of Partial Final Judgment addressed to Magistrate Judge Barbara C. Moses from John Sandercock dated November 2, 201 filed by Eaton & Van Winkle LLP, Martin Garbus, David Spivak, Vincent McGill. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that the Defendants' time to oppose Plaintiffs Motion for a Certificate of Appealability of Partial Final Judgment (Doc. No. 54) shall be extended to and including November 13, 2018, and Plaintiff's' time to reply shall be extended to and including November 20, 2018. So Ordered (Signed by Judge Laura Taylor Swain on 11/1/2018) (js)
November 5, 2018	Set/Reset Deadlines: Responses due by 11/13/2018 Replies due by 11/20/2018. (js)
November 2, 2018	Filing 60 AMENDED ANSWER to. Document filed by Patrick Gottsch. (Guzov, Debra)
November 2, 2018	Filing 59 LETTER MOTION for Extension of Time to File Response/Reply as to #54 MOTION for Certificate of Appealability Of Partial Final Judgment. addressed to Magistrate Judge Barbara C. Moses from John Sandercock dated November 2, 2018. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Text of Proposed Order)(Sandercock, John)
October 30, 2018	Filing 58 INITIAL CASE MANAGEMENT ORDER: Motions to amend pleadings or join additional parties due by 11/30/2018. All fact depositions shall be completed no later than March 29, 2019. Depositions of experts due by 6/28/2019. Fact Discovery due by 4/30/2019. Expert Discovery due by 6/28/2019. All Discovery due by 6/28/2019. Status Conference set for 3/25/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses. Settlement Conference set for 1/22/2019 at 02:15 PM before Magistrate Judge Barbara C. Moses, and as further set forth in this Initial Case Management Order. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 10/30/2018) (rjm)
October 30, 2018	Filing 57 ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference is scheduled before Magistrate Judge Barbara Moses on January 22, 2019 at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Settlement Conference set for 1/22/2019 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/30/18) (yv)
October 30, 2018	Filing 56 DECLARATION of Anne W. Salisbury in Support re: #54 MOTION for Certificate of Appealability Of Partial Final Judgment., #55 MOTION for Certificate of Appealability Of Partial Final Judgment.. Document filed by Patrick Gottsch. (Attachments: #1 Exhibit Exhibit A Opinion and Order)(Salisbury, Anne)
October 30, 2018	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Pretrial Conference held on 10/30/2018. (Snell, Kevin)
October 29, 2018	Filing 55 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Certificate of Appealability Of Partial Final Judgment. Document filed by Patrick Gottsch. Return Date set for 11/13/2018 at 10:00 AM.(Guzov, Debra) Modified on 11/29/2018 (db).
October 29, 2018	Filing 54 MOTION for Certificate of Appealability Of Partial Final Judgment. Document filed by Patrick Gottsch. Return Date set for 11/13/2018 at 10:00 AM. (Attachments: #1 Text of Proposed Order)(Guzov, Debra)
October 25, 2018	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Interlocutory Appeal,. (nd)
October 25, 2018	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #53 Notice of Interlocutory Appeal, filed by Patrick Gottsch were transmitted to the U.S. Court of Appeals. (nd)
October 24, 2018	Filing 53 NOTICE OF INTERLOCUTORY APPEAL from #47 Memorandum & Opinion, Add and Terminate Parties,,,,. Document filed by Patrick Gottsch. Filing fee $ 505.00, receipt number ANYSDC-15804688. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Guzov, Debra)
October 23, 2018	Filing 52 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Patrick Gottsch.(Salisbury, Anne)
October 9, 2018	Filing 51 ANSWER to #1 Complaint,. Document filed by Eaton & Van Winkle LLP, Martin Garbus.(Granofsky, Richard)
October 2, 2018	Filing 50 ORDER granting #49 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for October 25, 2018 is adjourned to October 30, 2018, at 9:30 a.m. All other provisions of the Order Scheduling Initial Case Management Conference (Dkt. No. 48) remain in effect. SO ORDERED. (Initial Conference set for 10/30/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/2/2018) (jca)
October 1, 2018	Filing 49 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Richard Granofsky dated 10/01/18. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. Return Date set for 10/25/2018 at 09:30 AM.(Granofsky, Richard)
September 26, 2018	Filing 48 ORDER SCHEDULNG INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 10/25/2018 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/26/2018) (cf)
September 24, 2018	Filing 47 MEMORANDUM OPINION & ORDER re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56 filed by Eaton & Van Winkle LLP, Martin Garbus, David Spivak, Vincent McGill. For the foregoing reasons, Defendants' motion for summary judgment is denied. Defendants' motion to dismiss the First and Second Causes of Action asserted in the Complaint is granted, and all claims against Defendant McGill are dismissed. This Memorandum Opinion and Order resolves docket entry no. 18. This action remains referred to Magistrate Judge Moses for general pre-trial management. Vincent McGill terminated. (Signed by Judge Laura Taylor Swain on 9/24/2018) (mro)
February 23, 2018	Filing 46 DECLARATION of Joseph Johnson in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Emails exchanged by Joseph Johnson and Robert Bernstein)(Sandercock, John)
February 23, 2018	Filing 45 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56. . Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
January 15, 2018	Filing 44 MEMORANDUM OF LAW in Opposition re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56. . Document filed by Patrick Gottsch. (Attachments: #1 Appendix Local Rule 56.1 Statement)(Salisbury, Anne)
January 15, 2018	Filing 43 DECLARATION of Anne W. Salisbury, Esq. in Opposition re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Patrick Gottsch. (Attachments: #1 Exhibit Ex. A to Salisbury Dec. Calendar, #2 Exhibit Ex. B to Salisbury Dec. Civil Case Summary)(Salisbury, Anne)
January 15, 2018	Filing 42 AFFIDAVIT of Robert Bernstein in Opposition re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Patrick Gottsch. (Attachments: #1 Exhibit Ex. 1 to Bernstein Aff. First Retainer, #2 Exhibit Ex. 2 to Bernstein Aff. Second Retainer)(Salisbury, Anne)
January 15, 2018	Filing 41 AFFIDAVIT of Patrick Gottsch in Opposition re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Patrick Gottsch. (Attachments: #1 Exhibit Ex. 1 to Gottsch Aff. First Retainer, #2 Exhibit Ex. 2 to Gottsch Aff. Second Retainer, #3 Exhibit Ex. 3 to Gottsch Aff. Email, #4 Exhibit Ex. 4 to Gottsch Aff. Invoices, #5 Exhibit Ex. 5 to Gottsch Aff. Email, #6 Exhibit Ex. 6 to Gottsch Aff. Email, #7 Exhibit Ex. 7 to Gottsch Aff. Email, #8 Exhibit Ex. 8 to Gottsch Aff. Email, #9 Exhibit Ex. 9 to Gottsch Aff. Discovery Objections, #10 Exhibit Ex. 10 to Gottsch Aff. Email, #11 Exhibit Ex. 11 to Gottsch Aff. Email, #12 Exhibit Ex. 12 to Gottsch Aff. Scheduling Order, #13 Exhibit Ex. 13 to Gottsch Aff. Emails, #14 Exhibit Ex. 14 to Gottsch Aff. Correspondence, #15 Exhibit Ex. 15 to Gottsch Aff. Arbitration Award)(Salisbury, Anne)
December 21, 2017	Filing 40 STIPULATION ADJOURNING MOTION, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Plaintiff's time to oppose Defendants' Motion to Dismiss shall be extended to and Including January 15, 2018, and Defendants' time to reply shall be extended to and including February 23, 2018. So Ordered. Motions terminated: #39 LETTER MOTION for Extension of Time to File Response/Reply as to #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56. addressed to Magistrate Judge Barbara C. Moses from John Sandercock dated Decembe filed by Eaton & Van Winkle LLP, Martin Garbus, David Spivak, Vincent McGill., ( Responses due by 1/15/2018, Replies due by 2/23/2018.) (Signed by Magistrate Judge Paul E. Davison on 12/21/17) (yv)
December 20, 2017	Filing 39 LETTER MOTION for Extension of Time to File Response/Reply as to #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56. addressed to Magistrate Judge Barbara C. Moses from John Sandercock dated December 20, 2017. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Stipulation with briefing schedule)(Sandercock, John)
November 21, 2017	Filing 38 STIPULATION OF PARTIAL DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that all claims shall be discontinued as against Defendant David Spivak, without prejudice. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED., David Spivak terminated. (Signed by Judge Laura Taylor Swain on 11/21/2017) (ama)
November 21, 2017	Filing 37 STIPULATION SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Plaintiff's time to oppose Defendants' Motion to Dismiss shall be extended to and including December 29, 2017 and Defendants' time to reply shall be extended to and including January 26, 2018. SO ORDERED., ( Responses due by 12/29/2017, Replies due by 1/26/2018.) (Signed by Judge Laura Taylor Swain on 11/21/2017) (ama)
November 15, 2017	Filing 36 NOTICE of Statement Pursuant to Individual Rule 2(b)(iii). Document filed by Patrick Gottsch. (Attachments: #1 Exhibit Proposed Stipulation of Partial Discontinuance)(Salisbury, Anne)
November 15, 2017	Filing 35 DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit D - Supplemental Record on Appeal)(Sandercock, John)
November 15, 2017	Filing 34 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Vol 2, Part 2)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	Filing 33 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Vol 2, Part One)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	Filing 32 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Vol One, Part Five)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	Filing 31 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Vol One, Part Four)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	Filing 30 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Volume One, Part Three)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	Filing 29 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Volume One, Part Two)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	Filing 28 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit C - Record on Appeal, Volume One, Part One)(Sandercock, John) Modified on 11/15/2017 (db).
November 15, 2017	***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document Nos. [28-34] HAVE BEEN REJECTED. THESE ARE DUPLICATED DOCUMENTS. Note to Attorney John Sandercock : These are Duplicate Documents. Do Not Re-File. (db)
November 14, 2017	Filing 27 Defendant's EXHIBIT #3 to Doc #35. (mro) Modified on 11/29/2017 (lan).
November 14, 2017	Filing 26 Defendant's EXHIBIT #2 to Doc #35. (mro) Modified on 11/29/2017 (lan).
November 14, 2017	Filing 25 Defendant's EXHIBIT #1 to Doc #35. (mro) Modified on 11/29/2017 (lan).
November 14, 2017	Filing 24 RULE 56.1 STATEMENT. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
November 10, 2017	Filing 23 DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit I - Notice of Entry of Appellate Division decision)(Sandercock, John)
November 10, 2017	Filing 22 DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Appellate Division decision, #3 Exhibit Exhibit E - Feltner's Appellant's Brief, #4 Exhibit Exhibit F - Respondent's Brief, #5 Exhibit Exhibit G - Reply Brief, #6 Exhibit Exhibit H - letter to Appellate Division, #7 Exhibit Exhibit J - Arbitration Rules, #8 Exhibit Exhibit K - Garbus email to Gottsch, #9 Exhibit Exhibit L - second Garbus email to Gottsch, #10 Exhibit Exhibit M - Letter to plaintiff's counsel, #11 Exhibit Exhibit N - Letter from plaintiff's counsel)(Sandercock, John)
November 10, 2017	Filing 21 MEMORANDUM OF LAW in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56. . Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
November 10, 2017	Filing 20 DECLARATION of Martin S. Garbus in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
November 10, 2017	Filing 19 DECLARATION of Richard Granofsky in Support re: #18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56.. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
November 10, 2017	Filing 18 MOTION for Summary Judgment and to dismiss complaint under Rules 12 and 56. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak.(Sandercock, John)
October 25, 2017	Filing 17 ORDER granting in part #14 Letter Motion for Extension of Time to Answer re #1 Complaint. Application GRANTED to the extent that Defendants' deadline to answer or otherwise respond to the complaint shall be extended to November 10, 2017. Counsel is reminded that all non-dispositive pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Moses. See Dkt. No. 13. (Eaton & Van Winkle LLP answer due 11/10/2017; Martin Garbus answer due 11/10/2017; Vincent McGill answer due 11/10/2017; David Spivak answer due 11/10/2017.) (Signed by Magistrate Judge Barbara C. Moses on 10/25/17) (yv) Modified on 11/29/2017 (yv).
October 25, 2017	Filing 16 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Richard Granofsky dated October 25, 2017 re: #14 SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Laura Taylor Swain from Richard Granofsky dated October 23. 2017. . Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
October 24, 2017	Filing 15 LETTER addressed to Magistrate Judge Barbara C. Moses from Debra J. Guzov, Esq. dated October 24, 2017 re: Response to Request for Second Adjournment. Document filed by Patrick Gottsch.(Salisbury, Anne)
October 23, 2017	Filing 14 SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Laura Taylor Swain from Richard Granofsky dated October 23. 2017. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Pre-motion letter to plaintiff's counsel)(Sandercock, John)
October 19, 2017	Filing 13 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at http://nysd.uscourts.gov/judge/Moses. (As further set forth in this Order.) If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. (Signed by Magistrate Judge Barbara C. Moses on 10/19/2017) (cf)
October 12, 2017	Filing 12 NOTICE OF APPEARANCE by Charles Gregory Shamoun on behalf of Patrick Gottsch. (Shamoun, Charles)
October 12, 2017	Filing 11 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Laura Taylor Swain on 10/12/2017) (jwh)
October 3, 2017	Filing 10 STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, that the time of the defendants, EATON & VAN WINKLE, LLP, MARTIN GARBUS, VINCENT MCGILL, and DAVID SPIVAK to appear, answer or otherwise move is hereby extended to and including October 25, 2017. Eaton & Van Winkle LLP answer due 10/25/2017; Martin Garbus answer due 10/25/2017; Vincent McGill answer due 10/25/2017; David Spivak answer due 10/25/2017. (Signed by Judge Laura Taylor Swain on 10/2/2017) (mro)
October 2, 2017	Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Laura Taylor Swain from John Sandercock dated October 2, 2017. Document filed by Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Attachments: #1 Exhibit Stipulation)(Sandercock, John)
September 29, 2017	Filing 8 NOTICE OF APPEARANCE by Richard Granofsky on behalf of Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Granofsky, Richard)
September 28, 2017	Filing 7 NOTICE OF APPEARANCE by John Sandercock on behalf of Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Sandercock, John)
September 21, 2017	Filing 6 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Albert Vargas, co-worker (EVW, Vincent McGill, David Spivak), Martin Garbus (Self). Document filed by Patrick Gottsch. (Salisbury, Anne)
September 21, 2017	Filing 5 NOTICE OF APPEARANCE by Anne W. Salisbury on behalf of Patrick Gottsch. (Salisbury, Anne)
September 14, 2017	Filing 4 ELECTRONIC SUMMONS ISSUED as to Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (rch)
September 14, 2017	***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Debra Joy Guzov. The following case opening statistical information was erroneously selected/entered: Dollar Demand 700,000,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 700,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (rch)
September 14, 2017	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Debra Joy Guzov. The party information for the following party/parties has been modified: Patrick Gottsch. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (rch)
September 14, 2017	Magistrate Judge Barbara C. Moses 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. (rch)
September 14, 2017	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
September 14, 2017	Case Designated ECF. (rch)
September 13, 2017	Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak, re: #1 Complaint,. Document filed by Patrick Gottsch. (Guzov, Debra)
September 13, 2017	Filing 2 CIVIL COVER SHEET filed. (Guzov, Debra)
September 13, 2017	Filing 1 COMPLAINT against Eaton & Van Winkle LLP, Martin Garbus, Vincent McGill, David Spivak. (Filing Fee $ 400.00, Receipt Number 0208-14123104)Document filed by Patrick Gottsch. (Attachments: #1 Exhibit Retainer 6.17.13, #2 Exhibit Retainer 5.8.15)(Guzov, Debra)

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Search for this case: Gottsch v. Eaton & Van Winkle LLP et al
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Defendant: Vincent McGill
Represented By:	Richard Granofsky
Represented By:	John Sandercock
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Defendant: Martin Garbus
Represented By:	Richard Granofsky
Represented By:	John Sandercock
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Defendant: Eaton & Van Winkle LLP
Represented By:	Richard Granofsky
Represented By:	John Sandercock
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Defendant: David Spivak
Represented By:	Richard Granofsky
Represented By:	John Sandercock
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Plaintiff: Patrick Gottsch
Represented By:	Debra Joy Guzov
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