SKAT v. Headsail Manufacturing LLC Roth 401K Plan et al
Plaintiff: SKAT
Defendant: Headsail Manufacturing LLC Roth 401K Plan and Robert Klugman
Case Number: 1:2018cv07824
Filed: August 28, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis A Kaplan
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2018 Filing 27 LETTER addressed to Judge Lewis A. Kaplan from Mark D. Allison dated 10/24/2018 re: Application for appointment of Lead Counsel. Document filed by Roger Lehman, The 78 Yorktown Pension Plan, Gavin Crescenzo, The Stark Pension Plan, The Costello Advisors Pension Plan, The Westridge Ave LLC 401K Plan, Doston Bradley, The Atlantic DHR 401K Plan, CSCC Capital Pension Plan, The Hotel Fromance Pension Plan, The Houston Rocco LLC 401K Plan, The Kyber Pension Plan, Sanford Villa Pension Plan, The Lerici Capital Pension Plan, The SKSL LLC Pension Plan, NYCATX LLC Solo 401K Plan, Carl Andrew Vergari, The LBR Capital Pension Plan, The Diamond Scott Capital Pension Plan, The Westport Advisors LLC 401K Plan, Ackview Solo 401K Plan, Sean Driscoll, The Busby Black 401K Plan, The ISDB Pension Plan, Thomas Kertelits, The TKKJ LLC 401K Plan, Svetlin Petkov, The Petkov Management LLC 401K Plan, Michael Ben-Jacob, The Stor Capital Consulting LLC 401K Plan, The NYC Stanismore Pension Plan, The Proper Pacific LLC 401K Plan, The Aston Advisors LLC 401K Plan, The Cambridge Town Line Pension Plan, The Shapiro Blue Management LLC 401K Plan, Mitchell Protass, The MPQ Holdings LLC 401K Plan, The Patrick Partners Conglomerate Pension Plan, The M2F Wellness LLC 401K Plan, The Aria Pension Plan, The Kodiak Capital Pension Plan, The Belforte Pension Plan, The Bradley London Pension Plan, The Bravos Advisors 401K Plan, The Canada Rock LLC 401K Plan, The DMR Pension Plan, The Dosmon Bly Pension Plan, The Eskin Pension Plan, The Fieldcrest Pension Plan, The India Bombay LLC 401K Pension Plan, The KASV Group Pension Plan, The Krabi Holdings LLC 401K Plan, The Ludlow Holdings 401K Plan, The Monin Amper Pension Plan, The Mountain Air LLC 401K Plan, The Petkov Partners Pension Plan, The Regoleth Pension Plan, The SPKK LLC 401K Plan, The SVP 401K Plan, The Saba Capital LLC 401K Plan, The Sector 230 LLC 401K Plan, The Snow Hill Pension Plan, The Texas Rocco LLC 401K Plan, The West River Pension Plan. (Attachments: #1 Appendix A. List of Cases, #2 Appendix B. Public Profiles)Filed In Associated Cases: 1:18-md-02865-LAK et al.(Allison, Mark)
October 10, 2018 Filing 26 NOTICE: Counsel are advised as follows: 1. The wife of the undersigned was employed by Random House prior to her retirement in or about 2000 and thus prior to her marriage to the undersigned in 2004. 2. She receives pension payments related to that prior employment from Advance Pension Plan and supplemental payments under the Random House Supplemental Executive Retirement Plan. 3. To the best of the knowledge of the undersigned, his wife has no connection to Random Holding 401K Plan, which is a defendant in one of the cases in this litigation. (Signed by Judge Lewis A. Kaplan on 10/10/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:18-md-02865-LAK et al.(anc)
October 10, 2018 Opinion or Order Filing 25 PRETRIAL ORDER NO. 4: It is hereby ORDERED, as follows: Every paper hereafter filed in the consolidated action shall bear the caption set forth above and shall state in the caption in accordance with Pretrial Order No. 1 filed in 18-cv-4047 either that the paper applies to All Cases or, if it does not, the Southern District of New York docket number of each case to which the paper applies. Counsel filing papers electronically shall ensure that each filing is made in the master docket and "spread" to each additional action to which it applies. Counsel are invited to consult the Clerk's Office if assistance is required in complying with this direction. This order is without prejudice to the rights of any party to move to sever any claim or action; and as further set forth herein. Joinder of Parties due by 1/20/2019. Amended Pleadings due by 3/31/2019. Discovery due by 10/31/2019. Deposition due by 10/31/2019. Pretrial Order due by 12/15/2019. Motions due by 10/24/2018. Responses due by 11/7/2018 Status Conference set for 11/20/2018 at 09:30 AM before Judge Lewis A. Kaplan. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/10/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:18-md-02865-LAK et al.(anc)
October 10, 2018 CONSOLIDATED MDL CASE: Create association to 1:18-md-02865-LAK. (sjo)
October 10, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-md-02865-LAK. (sjo)
October 2, 2018 Filing 24 NOTICE of of Filing of Waivers of Service. Document filed by SKAT. Filed In Associated Cases: 1:18-cv-04047-LAK et al.(Cave, Sarah)
October 1, 2018 Filing 23 DECLARATION of Sarah L. Cave in Opposition re: (34 in 1:18-cv-04047-LAK) JOINT MOTION to Dismiss the Complaints.. Document filed by SKAT. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:18-cv-04047-LAK et al.(Cave, Sarah)
October 1, 2018 Filing 22 MEMORANDUM OF LAW in Opposition re: (34 in 1:18-cv-04047-LAK) JOINT MOTION to Dismiss the Complaints. . Document filed by SKAT. Filed In Associated Cases: 1:18-cv-04047-LAK et al.(Cave, Sarah)
September 25, 2018 Filing 21 NOTICE OF APPEARANCE by Michael Max Rosensaft on behalf of Robert Klugman. Filed In Associated Cases: 1:18-cv-04047-LAK, 1:18-cv-07824-LAK, 1:18-cv-07827-LAK, 1:18-cv-07828-LAK, 1:18-cv-07829-LAK(Rosensaft, Michael)
September 20, 2018 Filing 20 JOINDER to join re: (34 in 1:18-cv-04047-LAK) JOINT MOTION to Dismiss the Complaints. . Document filed by Robert Klugman.Filed In Associated Cases: 1:18-cv-04047-LAK, 1:18-cv-07824-LAK, 1:18-cv-07827-LAK, 1:18-cv-07828-LAK, 1:18-cv-07829-LAK(Goldberg, David)
September 13, 2018 Opinion or Order Filing 19 ORDER granting (42) Letter Motion for Extension of Time in case 1:18-cv-04047-LAK. Granted. SO ORDERED. (Service due by 12/9/2018.) (Signed by Judge Lewis A. Kaplan on 9/13/2018)***Pursuant to instructions from Chambers, Filed In Associated Cases: 1:18-cv-04047-LAK, 1:18-cv-07824-LAK (anc)
September 5, 2018 Opinion or Order Filing 18 FED.R.CIV.P.26(f) JOINT REPORT AND DISCOVERY PLAN: Plaintiff asserts that pursuant to 28 U.S.C. 1332(a)(4), this Court has jurisdiction over all claims because the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between an agency or instrumentality of a foreign state and citizens of a state or of different states. Defendants do not concur that the Court has or should exercise subject matter jurisdiction over all the claims. Responses due by 9/30/2018. Replies due by 10/30/2018. Amended Pleadings due by 3/31/2019. Joinder of Parties due by 1/20/2019. Motions due by 12/15/2019. Deposition due by 10/31/2019. Discovery due by 10/31/2019. Pretrial Order due by 12/15/2019. The case will be ready for trial by thirty (30) days after the filing of the joint trial memorandum; and as further set forth herein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/5/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:18-cv-04047-LAK et al.(anc) Modified on 9/7/2018 (anc).
September 5, 2018 Opinion or Order Filing 17 PRETRIAL ORDER NO. 3: These four newly transferred cases are consolidated for all pretrial purposes with No. 18-cv-4047 and other cases so consolidated. They now are subject to Pretrial Order No. 1, DI 16. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/5/2018) (anc)
September 5, 2018 CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-04047-LAK. (anc)
September 4, 2018 Filing 16 NOTICE OF APPEARANCE by David L Goldberg on behalf of Robert Klugman. (Goldberg, David)
August 28, 2018 Filing 15 CASE TRANSFERRED IN from the United States District Court - District of Connecticut; Case Number: 3:18-cv-00984. Original file certified copy of transfer order and docket entries received. (sjo)
August 28, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-04047-LAK. Notice of Assignment to follow. (bcu)
August 28, 2018 NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (bcu)
August 28, 2018 Magistrate Judge Robert W. Lehrburger 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. (bcu)
August 28, 2018 CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 1:18-cv-4047. (sjo)
August 28, 2018 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
August 28, 2018 Case Designated ECF. (sjo)
August 8, 2018 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Freberg, B) [Transferred from Connecticut on 8/28/2018.]
August 8, 2018 Opinion or Order Filing 14 ORDER granting #13 Motion to Transfer to Another District. The Clerk is directed to transfer this case to the United States District Court for the Southern District of New York. Signed by Judge Janet Bond Arterton on 8/8/2018. (Freberg, B) [Transferred from Connecticut on 8/28/2018.]
August 7, 2018 Filing 13 MOTION to Transfer to Another District by SKAT. (Cave, Sarah) [Transferred from Connecticut on 8/28/2018.]
August 2, 2018 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Serve Process, on consent, to 9/12/18. Signed by Judge Janet Bond Arterton on 8/2/18. (Tooker, A.) [Transferred from Connecticut on 8/28/2018.]
July 30, 2018 Filing 11 First MOTION for Extension of Time until 12/09/2018 to serve process by SKAT. (Attachments: #1 Affidavit Process Server Affidavit)(Cave, Sarah) [Transferred from Connecticut on 8/28/2018.]
July 26, 2018 Filing 10 NOTICE by SKAT OF MDL FILING (Attachments: #1 Exhibit Motion for Consolidation and Transfer, #2 Exhibit Memorandum of Law, #3 Exhibit Declaration of Sarah Cave, #4 Exhibit Cave Decl., Ex. 1, #5 Exhibit Schedule of Actions, #6 Exhibit Proof of Service)(Cave, Sarah) [Transferred from Connecticut on 8/28/2018.]
July 16, 2018 Opinion or Order Filing 9 ORDER granting #8 Motion to Appear Pro Hac Vice. Signed by Clerk on 07/16/2018. (Peterson, M) [Transferred from Connecticut on 8/28/2018.]
July 11, 2018 Filing 8 MOTION for Attorney(s) Sarah L. Cave to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4897246) by SKAT. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Fisher, Sean) [Transferred from Connecticut on 8/28/2018.]
June 21, 2018 Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Headsail Manufacturing LLC Roth 401K Plan, Robert Klugman* with answer to complaint due within *21* days. Attorney *Sean M. Fisher* *Brenner, Saltzman & Wallman* *271 Whitney Avenue* *New Haven, CT 06511-1746*. (Peterson, M) [Transferred from Connecticut on 8/28/2018.]
June 19, 2018 Filing 6 NOTICE of Related Case by SKAT (Fisher, Sean) [Transferred from Connecticut on 8/28/2018.]
June 19, 2018 Request for Clerk to issue summons as to All Defendants. (Fisher, Sean) [Transferred from Connecticut on 8/28/2018.]
June 18, 2018 Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by SKAT, #4 Protective Order, #3 Electronic Filing Order, #2 Order on Pretrial Deadlines Signed by Clerk on 06/18/2018. (Peterson, M) [Transferred from Connecticut on 8/28/2018.]
June 12, 2018 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Janet Bond Arterton on 06/12/2018. (Peterson, M) [Transferred from Connecticut on 8/28/2018.]
June 12, 2018 Opinion or Order Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet Bond Arterton on 06/12/2018. (Peterson, M) [Transferred from Connecticut on 8/28/2018.]
June 12, 2018 Opinion or Order Filing 2 Order on Pretrial Deadlines: Motions to Dismiss due on 09/12/2018. Amended Pleadings due by 8/11/2018. Discovery due by 12/12/2018. Dispositive Motions due by 1/11/2019. Signed by Judge Janet Bond Arterton on 06/12/2018. (Peterson, M) [Transferred from Connecticut on 8/28/2018.]
June 12, 2018 Judge Janet Bond Arterton added. (Oliver, T.) [Transferred from Connecticut on 8/28/2018.]
June 12, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-4864955.), filed by SKAT.(Fisher, Sean) [Transferred from Connecticut on 8/28/2018.]

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Defendant: Headsail Manufacturing LLC Roth 401K Plan
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Defendant: Robert Klugman
Represented By: Michael Max Rosensaft
Represented By: David L Goldberg
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Plaintiff: SKAT
Represented By: Sean Michael Fisher
Represented By: Sarah Loomis Cave
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