Irving H. Picard v. South Ferry #2 LP et al
| Irving H. Picard |
| Aaron Wolfson, South Ferry #2 LP, South Ferry Building Company, Abraham Wolfson, Emmanuel Gettinger and Zev Wolfson |
| Bernard L. Madoff Investment Securities LLC |
| SIPC |
| 1:2018cv05452 |
| June 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Paul A Engelmayer |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.
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Filing 39
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting [31 in 18-CV-5381] Motion to Withdraw as Attorney. Attorney Philip M. Guess terminated: IT IS HEREBY ORDERED that Philip M. Guess is granted leave to withdraw from his representation of Defendants South Ferry #2 LP, Emmanuel Gettinger, Aaron Wolfson, Abraham Wolfson, Zev Wolfson, South Ferry Building Company, Turtle Cay Partners, Coldbrook Associates Partnership, James Lowrey, Marianne Lowrey, and United Congregations Mesora in this action and that such withdrawal is effective immediately. (Signed by Judge Paul A. Engelmayer on 8/5/2019) (jwh)
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| Filing 38 SUPERSEDEAS BOND # US00087277SU18A in the amount of $ 21,955,000.00 posted by Emmanuel Gettinger, South Ferry #2 LP, Aaron Wolfson, Abraham Wolfson. Total amount of Bond $35,270,500.00 for all 3 Substantively Consolidated Cases 18cv5430, 18cv5452 and 18cv5453. (dt). Original Bond Filed in 18cv5430, Doc.# 34. |
| Filing 37 SECOND AMENDED NOTICE OF APPEAL re: #33 Corrected Notice of Appeal, #29 Clerk's Judgment,,,,,,,,,,,. Document filed by Emmanuel Gettinger, South Ferry #2 LP, Aaron Wolfson, Abraham Wolfson. (Kirby, Richard) |
| Filing 36 AMENDED NOTICE OF APPEAL re: #33 Corrected Notice of Appeal, #29 Clerk's Judgment,,,,,,,,,,,. Document filed by Emmanuel Gettinger, South Ferry #2 LP, Aaron Wolfson, Abraham Wolfson. (Roth, Beth-Ann) |
| Second Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #37 Amended Notice of Appeal filed by Emmanuel Gettinger, Abraham Wolfson, Aaron Wolfson, South Ferry #2 LP were transmitted to the U.S. Court of Appeals. (tp) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #34 LETTER MOTION for Extension of Time to Stay Execution of Judgment (Stipulated) addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated 2019-03-05. filed by Emmanuel Gettinger, Abraham Wolfson, Aaron Wolfson, South Ferry #2 LP, #35 Stipulation and Order, #36 Amended Notice of Appeal filed by Emmanuel Gettinger, Abraham Wolfson, Aaron Wolfson, South Ferry #2 LP USCA Case Number 19-0501, were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #36 Amended Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #37 Amended Notice of Appeal. (tp) |
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Filing 35
JOINT STIPULATION TO FURTHER STAY EXECUTION OF JUDGMENT: For the foregoing reasons, the Trustee and Defendants jointly request a 30-day extension of the stay imposed by FRCP 62(a), until April 10, 2019, pending a resolution of their discussions to the satisfaction of the Trustee or, in the alternative, for each of the Defendants to post the bond or other security as permitted by FRCP 62(b). So Ordered. (Signed by Judge Paul A. Engelmayer on 3/6/2019) (anc)
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| Filing 34 LETTER MOTION for Extension of Time to Stay Execution of Judgment (Stipulated) addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated 2019-03-05. Document filed by Emmanuel Gettinger, South Ferry #2 LP, Aaron Wolfson, Abraham Wolfson.(Roth, Beth-Ann) |
| Filing 33 CORRECTED NOTICE OF APPEAL re: #32 Notice of Appeal, #29 Clerk's Judgment,,,,,,,,,,,. Document filed by Emmanuel Gettinger, South Ferry #2 LP, Aaron Wolfson, Abraham Wolfson. (Roth, Beth-Ann) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Roth, Beth-Ann to RE-FILE Document No. #32 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
| Appeal Fee Paid electronically via Pay.gov: for #33 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-16372650, paid on 2/19/2019. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Corrected Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #33 Corrected Notice of Appeal filed by Emmanuel Gettinger, Abraham Wolfson, Aaron Wolfson, South Ferry #2 LP were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 32 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Emmanuel Gettinger, South Ferry #2 LP, Aaron Wolfson, Abraham Wolfson. Filing fee $ 505.00, receipt number ANYSDC-16372650. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Roth, Beth-Ann) Modified on 2/20/2019 (tp). |
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Filing 31
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting #30 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Philip M. Guess is granted leave to withdraw from his representation of Defendants South Ferry #2 LP, Emmanuel Gettinger, Aaron Wolfson, Abraham Wolfson, Zev Wolfson, South Ferry Building Company, Turtle Cay Partners, Coldbrook Associates Partnership, James Lowrey, Marianne Lowrey, and United Congregations Mesora in this action and that such withdrawal is effective immediately. IT IS SO ORDERED. Attorney Philip M. Guess terminated. (Signed by Judge Paul A. Engelmayer on 2/11/2019) (ne)
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| Filing 30 MOTION for Philip M. Guess to Withdraw as Attorney . Document filed by Emmanuel Gettinger, South Ferry #2 LP, South Ferry Building Company, Aaron Wolfson, Abraham Wolfson, Zev Wolfson.(Guess, Philip) |
| Filing 29 CLERK'S JUDGMENT re: #28 Memorandum & Opinion. in favor of Irving H. Picard against South Ferry #2 LP in the amount of $ 21,955,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's OpiniCLERK'S JUDGMENT re: #28 Memorandum & Opinion. in favor of Irving H. Picard against South Ferry #2 LP in the amount of $ 21,955,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 7, 2019, the Bankruptcy Court's Recommendation is adopted in full; the Trustee's motion for summary judgment is granted and Defendants' cross-motion for summary judgment is denied, and judgment is entered ason and Order dated February 7, 2019, the Bankruptcy Court's Recommendation is adopted in full; the Trustee's motion for summary judgment is granted and Defendants' cross-motion for summary judgment is denied, and judgment is entered as set forth on Page 8, footnote 2 of the Opinion and Order dated February 7, 2019, as follows:The Trustee seeks to recover the following from each defendant:1. Turtle Cay Partners: $7,845,089. See Lowrey Stip. 17-24. Adv. Pro. No. 10-043872. set forth on Page 8, footnote 2 of the Opinion and Order dated February 7, 2019, as follows:The Trustee seeks to recover the following from each defendant:1. Turtle Cay Partners: $7,845,089. See Lowrey Stip. 17-24. Adv. Pro. No. 10-043872. Coldbrook Associates Partnership: $1,093,402. See id. 25-32. Adv. Pro. No. 10-043873. James Lowrey and Marianne Lowrey: $582,182. See id. 26-40. Adv. Pro. No. 10-043874. South Ferry Defendants: $6,620,000. See South Ferry Stip. Coldbrook Associates Partnership: $1,093,402. See id. 25-32. Adv. Pro. No. 10-043873. James Lowrey and Marianne Lowrey: $582,182. See id. 26-40. Adv. Pro. No. 10-043874. South Ferry Defendants: $6,620,000. See South Ferry Stip. 17-26. Adv. Pro. No. 10-04488.5. South Ferry #2 Defendants: $21,955.000. See South Ferry #2 Stip. 17-26. Adv. Pro. No. 10-04350.6. Mesora: $3,200,000. See Mesora Stip. 16. Adv. Pro. No. 10-05110. (Signed by Clerk of Court 17-26. Adv. Pro. No. 10-04488.5. South Ferry #2 Defendants: $21,955.000. See South Ferry #2 Stip. 17-26. Adv. Pro. No. 10-04350.6. Mesora: $3,200,000. See Mesora Stip. 16. Adv. Pro. No. 10-05110. (Signed by Clerk of Court Ruby Krajick on 02/08/2019) (Attachments: #1 Notice of Right to Appeal)(dt) (Main Document 29 replaced on 2/8/2019) (dt). Ruby Krajick on 02/08/2019) (Attachments: #1 Notice of Right to Appeal)(dt) (Main Document 29 replaced on 2/8/2019) (dt). |
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Filing 28
OPINION & ORDER re: (10 in 1:18-cv-05452-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections filed by South Ferry #2 LP, (10 in 1:18-cv-05430-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections filed by South Ferry Building Company, (8 in 1:18-cv-05381-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response REFILING of Leave to File Reply filed by James Lowrey, (10 in 1:18-cv-05453-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections filed by United Congregations Mesora. For the reasons stated above, the Court adopts in full the Bankruptcy Court's recommendation, set forth in its thorough Report. The Court grants the Trustee's motion for summary judgment and denies defendants' cross-motion for summary judgment. The Court enters judgment in the amounts set forth on page 8, footnote 2, of this decision. The Court further respectfully requests that the Clerk of Court terminate the motion pending at docket entry 8 in case number 18 Civ. 5381 and the motions pending at docket entry 10 in case numbers 18 Civ. 5430; 18 Civ. 5452; and 18 Civ. 5453. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/7/2019) (anc) Transmission to Orders and Judgments Clerk for processing.
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| Filing 27 LETTER addressed to Judge Paul A. Engelmayer from Keith R. Murphy dated February 1, 2019 re: Response to January 28, 2019 Letter by Defendants Submitting Supplemental Authority. Document filed by Irving H. Picard.(Murphy, Keith) |
| Filing 26 LETTER addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated January 28, 2019 re: Supplemental Authority. Document filed by South Ferry #2 LP. (Attachments: #1 Supplement Supplemental Authority)(Roth, Beth-Ann) |
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Filing 25
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting #24 Motion to Withdraw as Attorney in 18-cv-5452-PAE. IT IS HEREBY ORDERED that Martha Rodriguez Lopez is granted leave to withdraw from her representation of Defendants South Ferry #2 LP, Emmanuel Gettinger, Aaron Wolfson, Abraham Wolfson, Zev Wolfson, South Ferry Building Company, Turtle Cay Partners, Coldbrook Associates Partnership, James Lowrey, Marianne Lowrey, and United Congregations Mesora in this action and that such withdrawal is effective immediately. Attorney Martha Rodriguez-Lopez terminated. (Signed by Judge Paul A. Engelmayer on 1/23/2019) (mro)
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| Filing 24 MOTION for Martha Rodriguez Lopez to Withdraw as Attorney Pursuant to Local Rule 1.4. Document filed by Emmanuel Gettinger, South Ferry #2 LP, South Ferry Building Company, Aaron Wolfson, Abraham Wolfson, Zev Wolfson.(Guess, Philip) |
| Filing 23 LETTER addressed to Judge Paul A. Engelmayer from Keith R. Murphy dated December 7, 2018 re: Response to December 4, 2018 Letter Regarding Supplemental Authority. Document filed by Irving H. Picard.(Murphy, Keith) |
| Filing 22 LETTER addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated December 4, 2018 re: Supplemental Authority. Document filed by South Ferry #2 LP. (Attachments: #1 Supplement Supplemental Authority)(Roth, Beth-Ann) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 8/28/2018. Keith Murphy & Anat Maytal present for Plaintiffs. Richard Kirby & Beth-ann Roth present for Defendants. Nathanael Kelley present for ADR Provider. Court reporter present. (ajs) |
| Filing 21 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard. (Cremona, Nicholas) |
| Filing 20 NOTICE OF APPEARANCE by Keith R. Murphy on behalf of Irving H. Picard. (Murphy, Keith) |
| Filing 19 NOTICE OF APPEARANCE by Anat Maytal on behalf of Irving H. Picard. (Maytal, Anat) |
| Filing 18 LETTER addressed to Judge Paul A. Engelmayer from Anat Maytal dated August 15, 2018 re: Request for Permission to Bring Electronic Devices. Document filed by Irving H. Picard. (Attachments: #1 Text of Proposed Order Granting Request for Electronic Devices)(Maytal, Anat) |
| Filing 17 NOTICE OF APPEARANCE by Josephine Wang on behalf of SIPC. (Wang, Josephine) |
| Filing 16 NOTICE OF APPEARANCE by Kevin H. Bell on behalf of SIPC. (Bell, Kevin) |
| Filing 15 NOTICE OF APPEARANCE by Nathanael Stephen Kelley on behalf of SIPC. (Kelley, Nathanael) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SIPC.(Kelley, Nathanael) |
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Filing 13
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated 7/09/2018 re: Request of Oral Argument. ENDORSEMENT: Granted. The Court schedules oral argument for August 28, 2018 at 2:30 p.m. SO ORDERED., ( Oral Argument set for 8/28/2018 at 02:30 PM before Judge Paul A. Engelmayer.) (Original Letter Motion was filed in Case 18cv5381). (Signed by Judge Paul A. Engelmayer on 7/10/2018) (ama)
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| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-05381-PAE. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Debra C. Freeman 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) |
| Filing 12 JOINT REPLY MEMORANDUM OF LAW in Support re: #10 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. . Document filed by South Ferry #2 LP. (Kirby, Richard) |
| Filing 11 JOINT MEMORANDUM OF LAW in Support re: #10 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. . Document filed by South Ferry #2 LP. (Attachments: #1 Certificate of Service, #2 Reply Brief)(Kirby, Richard) |
| Filing 10 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. Document filed by South Ferry #2 LP. Return Date set for 6/29/2018 at 11:59 PM. (Attachments: #1 Certificate of Service)(Kirby, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard A. Kirby to RE-FILE Document #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: Add the Reply Memorandum as a separate PDF attachment to the Motion or Supporting Memorandum, not as part of the main PDF. (ldi) |
| Filing 9 DECLARATION of Keith R. Murphy in Opposition re: #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections.. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A-So Ordered Letter, #2 Exhibit B-Portions of Hearing Transcript, #3 Exhibit C-Letter Briefs, #4 Exhibit D-Post Hearing Letters)(Murphy, Keith) |
| Filing 8 MEMORANDUM OF LAW in Opposition re: #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. . Document filed by Irving H. Picard. (Murphy, Keith) |
| Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-05381. Document filed by South Ferry #2 LP.(Kirby, Richard) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-5381. Document filed by Irving H. Picard.(Murphy, Keith) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Keith R. Murphy, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (ad) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. Document filed by South Ferry #2 LP. Return Date set for 6/29/2018 at 11:59 PM.(Kirby, Richard) Modified on 7/5/2018 (ldi). |
| Filing 4 RESPONSE re: #3 Objection (non-motion). Document filed by Emmanuel Gettinger, South Ferry #2 LP, South Ferry Building Company, Aaron Wolfson, Abraham Wolfson, Zev Wolfson. (Attachments: #1 Exhibit A)(bkar) |
| Filing 3 Objection re: #1 Bankruptcy Court Proposed Findings of Fact,. Document filed by Irving H. Picard. (Attachments: #1 Joint Memorandum of Law in Support of Rule 9033 Objections)(bkar) |
| Filing 2 BANKRUPTCY COURT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE DISTRICT COURT By Judge Stuart M. Bernstein Re: Order dated March 26, 2018. Bankruptcy Court Case Numbers: 08-1789A (SMB), 10-4350A. (Attachments: #1 Notice of Reports and Recommendation)(bkar) |
| Filing 1 BANKRUPTCY COURT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE DISTRICT COURT By Judge Stuart M. Bernstein Re: Order dated March 22, 2018. Bankruptcy Court Case Numbers: 08-1789A (SMB), 10-4350A. (Attachments: #1 Notice of Reports and Recommendation)(bkar) |
| BANKRUPTCY WITHDRAWAL CASE REFERRED BY COURT TO Judge Paul A. Engelmayer as possibly related to 18-cv-5381. (bkar) |
| Case Designated ECF. (bkar) |
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