Iacovacci v. Brevet Holdings, LLC et al
Plaintiff: Paul Iacovacci
Defendant: John and Jane Does 1 Through 100, Johnny Lan, Brevet Short Duration Holdings, LLC, Mark Callahan, Brevet Capital Management, LLC, Brevet Short Duration Partners, LLC, Douglas Monticciolo, Brevet Holdings, LLC, John Does 1 through 100 and Jane Does 1 through 100
Case Number: 1:2018cv08048
Filed: September 4, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: John F Keenan
Referring Judge: William H Pauley
Nature of Suit: Other Statutory Actions
Cause of Action: 18 U.S.C. ยง 1030
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 134 ANSWER to #79 Counterclaim. Document filed by Paul Iacovacci..(Wabnik, Debra)
February 11, 2020 Opinion or Order Filing 133 NOTICE OF APPEARANCE by David Ross Ehrlich on behalf of Paul Iacovacci..(Ehrlich, David)
February 11, 2020 Opinion or Order Filing 132 NOTICE OF APPEARANCE by Debra L. Wabnik on behalf of Paul Iacovacci..(Wabnik, Debra)
February 3, 2020 Opinion or Order Filing 131 OPINION & ORDER re: #115 MOTION to Dismiss Defendants' Amended Counterclaims: For the foregoing reasons, Iacovacci's motion to dismiss is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 115. (Signed by Judge William H. Pauley, III on 2/3/2020) (jwh)
January 2, 2020 Opinion or Order Filing 130 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/6/19 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)
January 2, 2020 Opinion or Order Filing 129 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/6/2019 before Judge William H. Pauley, III. Court Reporter/Transcriber: Steven Griffing, (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 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020.(McGuirk, Kelly)
December 20, 2019 Opinion or Order Filing 128 LETTER addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated December 20, 2019 re: Response to Plaintiff's December 18, 2019 Letter. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC).(Schwartz, Matthew)
December 18, 2019 Opinion or Order Filing 127 LETTER addressed to Judge William H. Pauley, III from Paul M. Krieger dated 12/18/2019 re: Update on Plaintiff's State Court Motion. Document filed by Paul Iacovacci. (Attachments: #1 Exhibit, #2 Exhibit)(O'Donnell, Chelsea)
December 12, 2019 Opinion or Order Filing 126 LETTER addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated December 12, 2019 re: Response to Plaintiff's December 6, 2019 Letter. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC).(Schwartz, Matthew)
December 9, 2019 Opinion or Order Filing 125 SCHEDULING ORDER granting #124 Letter Motion for Extension of Time to Complete Discovery: The Scheduling Order previously issued by the Court on August 2, 2019 is hereby amended as follows: 1. The parties shall identify any experts whose testimony will be offered in support of any claims or counterclaims by February 25, 2020; 2. The parties shall identify any experts whose testimony will be offered in defense of any claims or counterclaims by March 9, 2020; 3. All fact discovery is to be completed by March 31, 2020; 4. Expert reports shall be exchanged by April 17, 2020; 5. Rebuttal expert reports shall be exchanged by May 1, 2020; 6. All expert discovery shall be completed by May 28, 2020; 7. The parties shall submit a joint pre-trial order by June 26, 2020; 8. The parties shall appear for a final pre-trial conference on July 10, 2020 at 10:00 a.m. (Signed by Judge William H. Pauley, III on 12/9/2019) (jwh)
December 9, 2019 Opinion or Order Filing 124 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge William H. Pauley, III from Paul M. Krieger dated December 9, 2019. Document filed by Paul Iacovacci. (Attachments: #1 Proposed Order)(Bolz, Jonathan)
December 9, 2019 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 5/28/2020. Fact Discovery due by 3/31/2020. Pretrial Order due by 6/26/2020. Set/Reset Hearings: Final Pretrial Conference set for 7/10/2020 at 10:00 AM before Judge William H. Pauley III. (jwh)
December 6, 2019 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 12/6/2019 re: #115 MOTION to Dismiss Defendants' Amended Counterclaims. filed by Paul Iacovacci.
December 6, 2019 Opinion or Order Filing 123 LETTER addressed to Judge William H. Pauley, III from Andrew M. Berdon dated December 6, 2019 Document filed by Paul Iacovacci.(Berdon, Andrew)
November 20, 2019 Opinion or Order Filing 122 LETTER addressed to Judge William H. Pauley, III from Paul M. Krieger dated November 20, 2019 re: Motion Papers and Memoranda Filed in Connection with Plaintiff's Motion to Dismiss Defendants' Amended Counterclaims. Document filed by Paul Iacovacci.(Bolz, Jonathan)
November 20, 2019 Opinion or Order Filing 121 REPLY MEMORANDUM OF LAW in Support re: #115 MOTION to Dismiss Defendants' Amended Counterclaims. . Document filed by Paul Iacovacci. (Bolz, Jonathan)
November 13, 2019 Opinion or Order Filing 120 DECLARATION of Corey Omer in Opposition re: #115 MOTION to Dismiss Defendants' Amended Counterclaims.. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Omer, Corey)
November 13, 2019 Opinion or Order Filing 119 MEMORANDUM OF LAW in Opposition re: #115 MOTION to Dismiss Defendants' Amended Counterclaims. . Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Schwartz, Matthew)
October 24, 2019 Opinion or Order Filing 118 LETTER addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated October 24, 2019 re: Selection of Neutral Forensic Expert. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Attachments: #1 Exhibit A)(Schwartz, Matthew)
October 24, 2019 Opinion or Order Filing 117 MEMORANDUM OF LAW in Support re: #115 MOTION to Dismiss Defendants' Amended Counterclaims. . Document filed by Paul Iacovacci. (Bolz, Jonathan)
October 23, 2019 Opinion or Order Filing 116 DECLARATION of Scott A. Weiss in Support re: #115 MOTION to Dismiss Defendants' Amended Counterclaims.. Document filed by Paul Iacovacci. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Bolz, Jonathan)
October 23, 2019 Opinion or Order Filing 115 MOTION to Dismiss Defendants' Amended Counterclaims. Document filed by Paul Iacovacci.(Bolz, Jonathan)
October 23, 2019 Opinion or Order Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/18/19 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 23, 2019 Opinion or Order Filing 113 TRANSCRIPT of Proceedings re: conference held on 10/16/2019 before Judge William H. Pauley, III. Court Reporter/Transcriber: Kelly Surina, (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 11/13/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/21/2020.(McGuirk, Kelly)
October 23, 2019 Opinion or Order Filing 112 NOTICE OF APPEARANCE by John H. Chun on behalf of Paul Iacovacci. (Chun, John)
October 18, 2019 Opinion or Order Filing 111 ORDER denying #110 Letter Motion for Leave to File Excess Pages: Application denied. (Signed by Judge William H. Pauley, III on 10/18/2019) (jwh)
October 17, 2019 Opinion or Order Filing 110 LETTER MOTION for Leave to File Excess Pages addressed to Judge William H. Pauley, III from Paul M. Krieger dated 10/17/2019. Document filed by Paul Iacovacci.(O'Donnell, Chelsea)
October 16, 2019 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 10/16/2019.
October 15, 2019 Opinion or Order Filing 109 ORDER: This Court will conduct a telephonic conference with counsel concerning the production of "forensic images" of the computer and hard drives at issue in this litigation at 4:30 p.m. on October 16, 2019. Plaintiff's counsel shall make all arrangements for the conference call and inform this Court of the dial-in information at least two hours in advance of the call. SO ORDERED., ( Telephone Conference set for 10/16/2019 at 04:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/15/2019) (ama)
October 11, 2019 Opinion or Order Filing 108 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated October 11, 2019 re: #105 LETTER MOTION for Discovery re: Computer and External Drivesa addressed to Judge William H. Pauley, III from Paul Krieger dated 10/08/2019. . Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schwartz, Matthew)
October 11, 2019 Opinion or Order Filing 107 LETTER RESPONSE in Support of Motion addressed to Judge William H. Pauley, III from Paul Krieger dated 10/11/2019 re: #104 LETTER MOTION for Discovery of the Computer addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated October 8, 2019., #105 LETTER MOTION for Discovery re: Computer and External Drivesa addressed to Judge William H. Pauley, III from Paul Krieger dated 10/08/2019. . Document filed by Paul Iacovacci. (Attachments: #1 Exhibit Exhibit A)(Krieger, Paul)
October 11, 2019 Opinion or Order Filing 106 NOTICE OF APPEARANCE by Corey Omer on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Omer, Corey)
October 8, 2019 Opinion or Order Filing 105 LETTER MOTION for Discovery re: Computer and External Drivesa addressed to Judge William H. Pauley, III from Paul Krieger dated 10/08/2019. Document filed by Paul Iacovacci.(Krieger, Paul)
October 8, 2019 Opinion or Order Filing 104 LETTER MOTION for Discovery of the Computer addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated October 8, 2019. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schwartz, Matthew)
October 8, 2019 Opinion or Order Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/2/19 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 8, 2019 Opinion or Order Filing 102 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/2/2019 before Judge William H. Pauley, III. Court Reporter/Transcriber: Steven Greenblum, (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 10/29/2019. Redacted Transcript Deadline set for 11/8/2019. Release of Transcript Restriction set for 1/6/2020.(McGuirk, Kelly)
October 4, 2019 Opinion or Order Filing 101 STIPULATED CONFIDENTIALITY ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge William H. Pauley, III on 10/4/2019) (jwh)
October 3, 2019 Opinion or Order Filing 100 SCHEDULING ORDER: The parties appeared for a pre-motion conference on October 2, 2019. For the reasons set forth on the record, this Court adopts the following schedule: 1. The parties shall submit letters to this Court describing their respective proposals concerning the production of "forensic images" of the computer and hard drives at issue in this litigation by 5:00 p.m. on October 8, 2019; 2. The parties shall submit any replies to the above letters by 5:00 p.m. on October 11, 2019; 3. Plaintiff shall file his motion to dismiss Defendants' counterclaims by October 23, 2019; 4. Defendants shall file their opposition to Plaintiff's motion to dismiss by November 13, 2019; 5. Plaintiff shall file his reply by November 20, 2019; and 6. The parties shall appear for oral argument on Plaintiff's motion to dismiss Defendants' counterclaims on December 6, 2019 at 10:30 a.m. (Motions due by 10/23/2019. Responses due by 11/13/2019 Replies due by 11/20/2019. Oral Argument set for 12/6/2019 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/3/2019) (jwh)
October 3, 2019 Opinion or Order Filing 99 LETTER addressed to Judge William H. Pauley, III from Paul M. Krieger dated October 3, 2019 re: Proposed Confidentiality Order. Document filed by Paul Iacovacci. (Attachments: #1 Proposed Confidentiality Order)(Bolz, Jonathan)
October 2, 2019 Opinion or Order Filing 98 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Matthew A. Schwartz dated October 2, 2019 re: #96 SUPPLEMENTAL LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Andrew M. Berdon dated September 25, 2019. . Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Schwartz, Matthew)
October 2, 2019 Opinion or Order Filing 97 LETTER addressed to Judge William H. Pauley, III from Philip C. Semprevivo, Esq. dated October 2, 2019 re: Status of Discovery. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Attachments: #1 Exhibit "A" - State Action Discovery Protocol)(Semprevivo, Philip)
September 25, 2019 Opinion or Order Filing 96 SUPPLEMENTAL LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Andrew M. Berdon dated September 25, 2019. Document filed by Paul Iacovacci.(Berdon, Andrew)
September 16, 2019 Opinion or Order Filing 95 ORDER: Due to a scheduling conflict, the pre-motion conference scheduled for September 12, 2019 is adjourned to October 2, 2019 at 5:00 p.m. (Pre-Motion Conference set for 10/2/2019 at 05:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/16/2019) (rro)
September 11, 2019 Opinion or Order Filing 94 NOTICE OF APPEARANCE by Scott Andrew Weiss on behalf of Paul Iacovacci. (Weiss, Scott)
September 10, 2019 Opinion or Order Filing 93 NOTICE OF APPEARANCE by Colin James Steele on behalf of Paul Iacovacci. (Steele, Colin)
September 10, 2019 Opinion or Order Filing 92 NOTICE OF APPEARANCE by Andrew Peter Marks on behalf of Paul Iacovacci. (Marks, Andrew)
September 10, 2019 Opinion or Order Filing 91 NOTICE OF APPEARANCE by Andrew M. Berdon on behalf of Paul Iacovacci. (Berdon, Andrew)
September 4, 2019 Opinion or Order Filing 90 ORDER granting #85 Letter Motion for Conference: Application granted. The parties shall appear for a premotion conference on September 12, 2019 at 11:00 a.m. At the conference, the Court will also address the parties' dispute over the proposed Confidentiality Order. (Pre-Motion Conference set for 9/12/2019 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/4/2019) (jwh)
August 30, 2019 Opinion or Order Filing 89 LETTER addressed to Judge William H. Pauley, III from Joseph Kim dated August 30, 2019 re: enclosing courtesy copies of Defendants' Aug. 28 and Aug. 29 submissions. Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC).(Kim, Joseph)
August 29, 2019 Opinion or Order Filing 88 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Philip C. Semprevivo dated August 29, 2019 re: #85 LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Paul M. Krieger dated August 22, 2019. . Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Kim, Joseph)
August 28, 2019 Opinion or Order Filing 87 LETTER addressed to Judge William H. Pauley, III from Philip C. Semprevivo dated August 28, 2019 re: Defendants' position on the proposed Confidentiality Order (per Memo Order at ECF Doc. No. 84). Document filed by Brevet Capital Management, LLC(a Delaware Limited Liability Company), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Attachments: #1 Exhibit A - State Court Ruling on the Record 11/5/18, #2 Exhibit B - Affidavit of Mark Callahan dated 9/25/18, #3 Exhibit C - emails of Plaintiff from May 23-24, 2016)(Kim, Joseph)
August 28, 2019 Opinion or Order Filing 86 LETTER addressed to Judge William H. Pauley, III from Paul M. Krieger dated August 28, 2019 re: Confidentiality Order. Document filed by Paul Iacovacci. (Attachments: #1 State Court Confidentiality Stipulation)(Bolz, Jonathan)
August 22, 2019 Opinion or Order Filing 85 LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Paul M. Krieger dated August 22, 2019. Document filed by Paul Iacovacci. (Attachments: #1 Exhibit 1 (Summons with Notice), #2 Exhibit 2 (Verified Answer and Amended Counterclaims), #3 Exhibit 3 (Decision and Order), #4 Exhibit 4 (Stipulation of Voluntary Dismissal))(Bolz, Jonathan)
August 21, 2019 Opinion or Order Filing 84 MEMO ENDORSEMENT on re: #83 Letter filed by Paul Iacovacci. ENDORSEMENT: Application denied. The parties are directed to submit letters to the Court explaining their respective positions on the proposed Confidentiality Order by August 28, 2019. The Court will then determine whether a conference is necessary. (Signed by Judge William H. Pauley, III on 8/21/2019) (jwh)
August 16, 2019 Opinion or Order Filing 83 LETTER addressed to Judge William H. Pauley, III from Paul Krieger dated August 16, 2019 re: Proposed Confidentiality Order. Document filed by Paul Iacovacci. (Attachments: #1 Proposed Confidentiality Order Redline)(O'Donnell, Chelsea)
August 15, 2019 Opinion or Order Filing 82 NOTICE OF APPEARANCE by Nicole Ware Friedlander on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(Individually), Johnny Lan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Friedlander, Nicole)
August 15, 2019 Opinion or Order Filing 81 NOTICE OF APPEARANCE by Matthew Alexander Schwartz on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Johnny Lan(Individually), Douglas Monticciolo(Individually). (Schwartz, Matthew)
August 15, 2019 Opinion or Order Filing 80 NOTICE OF APPEARANCE by Garrard Russ Beeney on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Beeney, Garrard)
August 9, 2019 Opinion or Order Filing 79 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC(a Delaware Limited Liability Company), Douglas Monticciolo(Individually), Brevet Short Duration Partners, LLC(a Delaware Limited Liability Company), Brevet Capital Management, LLC(a Delaware Limited Liability Company), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC). (Semprevivo, Philip)
August 9, 2019 Opinion or Order Filing 78 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #79 Answer) - ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Douglas Monticciolo(Individually), Brevet Capital Management, LLC, Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Brevet Short Duration Partners, LLC. Document filed by Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Douglas Monticciolo(Individually), Brevet Capital Management, LLC, Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Brevet Short Duration Partners, LLC.(Semprevivo, Philip) Modified on 8/13/2019 (db).
August 2, 2019 Opinion or Order Filing 77 SCHEDULING ORDER: By letter dated July 30, 2019, counsel for the parties submitted a proposed scheduling order for the Court's consideration. That proposed schedule is too protracted to warrant approval by this Court. Accordingly, this Court fixes the following schedule: Fact Discovery due by 12/31/2019. Expert Discovery due by 2/28/2020. Final Pretrial Conference set for 4/3/2020 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 3/27/2020. (Signed by Judge William H. Pauley, III on 8/2/2019) (jwh)
August 2, 2019 Opinion or Order Filing 76 STIPULATION AND ORDER SUBSTITUTING ATTORNEYS: The undersigned hereby stipulate and consent to the substitution of the law firm of Biedermann Hoenig Semprevivo, A Professional Corporation, by and through its attorneys, Philip C. Semprevivo, Christine I. Laurent and Joseph Kim, as attorneys of record for Defendant JOHNNY LAN, as Vice President and Head of Technology of Brevet Capital Management LLC and Individually, in the above-captioned action in place and instead of the law firm of Gibbons, P.C. and its attorneys, Edward W. Larkin and Daniel S. Weinberger. (Attorney Philip Semprevivo, Christine Isabelle Laurent, Joseph Kim for Johnny Lan. Attorney Edward William Larkin and Daniel Seth Weinberger terminated.) (Signed by Judge William H. Pauley, III on 8/2/2019) (jwh)
July 31, 2019 Opinion or Order Filing 75 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC). (Larkin, Edward)
July 30, 2019 Opinion or Order Filing 74 LETTER addressed to Judge William H. Pauley, III from Paul M. Krieger dated July 30, 2019 re: Proposed pre-trial schedule. Document filed by Paul Iacovacci. (Attachments: #1 Proposed Order)(Bolz, Jonathan)
July 25, 2019 Opinion or Order Filing 73 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC.(Semprevivo, Philip)
July 25, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Philip Semprevivo to RE-FILE Document #71 Rule 7.1 Corporate Disclosure Statement. NOTE: The PDF is inconsistent with the docket entry. The entry lists Other Affiliates not listed on the PDF. Re-file and attach the correct PDF with the Other Affiliates listed for each Defendant. (ldi)
July 23, 2019 Opinion or Order Filing 72 ANSWER to #11 Complaint,,, with JURY DEMAND., COUNTERCLAIM against Paul Iacovacci. Document filed by Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Brevet Capital Management, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually), Brevet Holdings, LLC, Mark Callahan(Individually), Brevet Short Duration Partners, LLC, Brevet Short Duration Holdings, LLC.(Semprevivo, Philip)
July 23, 2019 Opinion or Order Filing 71 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Brevet Holdings, LLC, Other Affiliate Brevet Capital Advisors, Other Affiliate Brevet Asset Solutions, LLC, Other Affiliate Brevet Capital Management, LLC, Other Affiliate Brevet Short Duration Partners, LLC, Other Affiliate Brevet Capital Partners, LLC, Other Affiliate Brevet Capital Holdings, LLC, Other Affiliate Brevet Capital Holdings III, LLC, Other Affiliate Brevet Capital Partners III, LLC for Brevet Short Duration Holdings, LLC; Other Affiliate Brevet Capital Advisors, Other Affiliate Brevet Asset Solutions, LLC, Other Affiliate Brevet Capital Management, LLC, Other Affiliate Brevet Short Duration Partners, LLC, Other Affiliate Brevet Short Duration Holdings, LLC, Other Affiliate Brevet Capital Partners, LLC, Other Affiliate Brevet Capital Holdings, LLC, Other Affiliate Brevet Capital Holdings III, LLC, Other Affiliate Brevet Capital Partners III, LLC for Brevet Holdings, LLC; Corporate Parent Brevet Holdings, LLC, Other Affiliate Brevet Capital Advisors, Other Affiliate Brevet Asset Solutions, LLC, Other Affiliate Brevet Capital Management, LLC, Other Affiliate Brevet Short Duration Holdings, LLC, Other Affiliate Brevet Capital Partners, LLC, Other Affiliate Brevet Capital Holdings, LLC, Other Affiliate Brevet Capital Holdings III, LLC, Other Affiliate Brevet Capital Partners III, LLC for Brevet Short Duration Partners, LLC; Corporate Parent Brevet Holdings, LLC, Other Affiliate Brevet Capital Advisors, Other Affiliate Brevet Asset Solutions, LLC, Other Affiliate Brevet Short Duration Partners, LLC, Other Affiliate Brevet Short Duration Holdings, LLC, Other Affiliate Brevet Capital Partners, LLC, Other Affiliate Brevet Capital Holdings, LLC, Other Affiliate Brevet Capital Holdings III, LLC, Other Affiliate Brevet Capital Partners III, LLC for Brevet Capital Management, LLC. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC.(Semprevivo, Philip) Modified on 7/25/2019 (ldi).
July 23, 2019 Opinion or Order Filing 70 ANSWER to #11 Complaint,,,. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC).(Larkin, Edward)
July 18, 2019 Opinion or Order Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/14/19 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)
July 18, 2019 Opinion or Order Filing 68 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/14/2019 before Judge William H. Pauley, III. Court Reporter/Transcriber: Lisa Smith, (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 8/8/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/16/2019.(McGuirk, Kelly)
July 9, 2019 Opinion or Order Filing 67 MEMORANDUM & ORDER denying #53 MOTION for Reconsideration re: #49 Memorandum & Opinion: For the foregoing reasons, Brevet's motion for reconsideration and reargument of the May 13 Order is denied. The stay of this action is lifted. Defendants are directed to interpose an answer by July 23, 2019. Discovery may proceed forthwith. The parties are directed to confer and submit a proposed pretrial schedule for this Court's consideration by July 30, 2019. (Signed by Judge William H. Pauley, III on 7/9/2019) (jwh)
July 9, 2019 Opinion or Order Set/Reset Deadlines: Brevet Capital Management, LLC answer due 7/23/2019; Brevet Holdings, LLC answer due 7/23/2019; Brevet Short Duration Holdings, LLC answer due 7/23/2019; Brevet Short Duration Partners, LLC answer due 7/23/2019; Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC) answer due 7/23/2019; Mark Callahan(Individually) answer due 7/23/2019; Jane Does 1 through 100 answer due 7/23/2019; John Does 1 through 100 answer due 7/23/2019; Johnny Lan(Individually) answer due 7/23/2019; Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC) answer due 7/23/2019; Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC) answer due 7/23/2019; Douglas Monticciolo(Individually) answer due 7/23/2019. (jwh)
June 19, 2019 Opinion or Order Filing 66 LETTER addressed to Judge William H. Pauley, III from Joseph Kim dated June 19, 2019 re: Courtesy copies. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC.(Kim, Joseph)
June 18, 2019 Opinion or Order Filing 65 ORDER granting #62 Letter Motion for Leave to File Document. The parties appeared before this Court for a status conference on June 14, 2019. For the reasons articulated on the record: 1. The stay of discovery and time to file an answer to Plaintiffs' complaint is continued pending resolution of Defendants' motion for reconsideration. 2. Defendant Johnny Lan's application to join the motion for reconsideration-albeit untimely-is granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 6/18/2019) (rj)
June 18, 2019 Opinion or Order Filing 64 REPLY MEMORANDUM OF LAW in Support re: #53 MOTION for Reconsideration re; #49 Memorandum & Opinion,, . MOTION for Reargument re: #49 Memorandum & Opinion,, . . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Kim, Joseph)
June 18, 2019 Opinion or Order Filing 63 REPLY AFFIDAVIT of Philip C. Semprevivo in Support re: #53 MOTION for Reconsideration re; #49 Memorandum & Opinion,, . MOTION for Reargument re: #49 Memorandum & Opinion,, .. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Attachments: #1 Exhibit D - Affidavit of Plaintiff's expert Yalkin Demirkaya dated 9/20/17)(Kim, Joseph)
June 14, 2019 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 6/14/2019.
June 12, 2019 Opinion or Order Filing 62 LETTER MOTION for Leave to File Request to Join "Brevet Defendants" Motion for Reconsideration addressed to Judge William H. Pauley, III from Edward W. Larkin, Esq. dated June 12, 2019. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC).(Larkin, Edward)
June 11, 2019 Opinion or Order Filing 61 DECLARATION of Paul M. Krieger in Opposition re: #53 MOTION for Reconsideration re; #49 Memorandum & Opinion,, . MOTION for Reargument re: #49 Memorandum & Opinion,, .. Document filed by Paul Iacovacci. (Attachments: #1 Exhibit A, #2 Exhibit B)(O'Donnell, Chelsea)
June 11, 2019 Opinion or Order Filing 60 MEMORANDUM OF LAW in Opposition re: #53 MOTION for Reconsideration re; #49 Memorandum & Opinion,, . MOTION for Reargument re: #49 Memorandum & Opinion,, . . Document filed by Paul Iacovacci. (O'Donnell, Chelsea)
June 7, 2019 Opinion or Order Filing 59 SCHEDULING ORDER: The parties in the above-captioned cases are directed to appear for a conference on June 14, 2019 at 4:00 p.m. to discuss the status of both actions and the parties' respective views as to how to proceed. SO ORDERED. Status Conference set for 6/14/2019 at 04:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/7/2019) (jca)
June 3, 2019 Opinion or Order Filing 58 LETTER addressed to Judge William H. Pauley, III from Philip C. Semprevivo dated June 3, 2019 re: enclosing courtesy copies of recent filings. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually).(Kim, Joseph)
May 31, 2019 Opinion or Order Filing 57 LETTER addressed to Judge William H. Pauley, III from Paul M. Krieger dated May 31, 2019 re: Defendants' May 30 Letters. Document filed by Paul Iacovacci.(Bolz, Jonathan)
May 31, 2019 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge John F. Keenan is no longer assigned to the case. (bcu)
May 30, 2019 Opinion or Order Filing 56 LETTER addressed to Judge John F. Keenan from Edward W. Larkin, Esq. dated May 30, 2019 re: Response to May 30, 2019 Letter Request for Temporary Stay. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC).(Larkin, Edward)
May 30, 2019 Opinion or Order Filing 55 LETTER addressed to Judge John F. Keenan from Philip C. Semprevivo dated May 30, 2019 re: requesting the Court's clarification. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually).(Kim, Joseph)
May 28, 2019 Opinion or Order Filing 54 MEMORANDUM OF LAW in Support re: #53 MOTION for Reconsideration re; #49 Memorandum & Opinion,, . MOTION for Reargument re: #49 Memorandum & Opinion,, . . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Kim, Joseph)
May 28, 2019 Opinion or Order Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #49 Memorandum & Opinion,, ., MOTION for Reargument re: #49 Memorandum & Opinion,, . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Attachments: #1 Declaration of Philip C. Semprevivo, Esq., #2 Exhibit A - Plaintiff's 5th Set of Interrogatories in the State Court Action, #3 Exhibit B - May 22-23 emails between counsel, #4 Exhibit C - State Court's May 9, 2019 Order deciding Mot. No. 18)(Kim, Joseph) Modified on 7/30/2019 (ldi).
May 22, 2019 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Status Conference held on 5/22/2019. (wr)
May 15, 2019 Opinion or Order Filing 52 ORDER granting #51 Letter Motion to Adjourn Conference in 18-cv-8048. The conference in this case is adjourned from May 16, 2019 to May 22, 2019 at 11 a.m. in Courtroom 20-C. Pretrial Conference set for 5/22/2019 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 5/15/2019) (mro)
May 15, 2019 Opinion or Order Filing 51 LETTER MOTION to Adjourn Conference addressed to Judge John F. Keenan from Edward W. Larkin, Esq. dated May 15, 2019. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC).(Larkin, Edward)
May 13, 2019 Opinion or Order Filing 50 ORDER: A pre-trial conference is hereby scheduled for this case and the related case, 19-cv-1386, on May 16, 2019 at 11:00. The parties are respectfully instructed to appear at that time. SO ORDERED. (Pretrial Conference set for 5/16/2019 at 11:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 5/13/2019) (anc)
May 13, 2019 Opinion or Order Filing 49 OPINION & ORDER re: #37 MOTION to Dismiss Complaint filed by Johnny Lan, #34 MOTION to Dismiss filed by Brevet Capital Management, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Douglas Monticciolo, Brevet Holdings, LLC, Mark Callahan. ENDORSEMENT: For the reasons set forth above, Defendants' motion to dismiss is DENIED. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 34 and 37. SO ORDERED. (Signed by Judge John F. Keenan on 5/9/2019) (anc)
February 19, 2019 Opinion or Order Minute Entry for proceedings held before Judge John F. Keenan: Oral Argument held on 2/19/2019 re: #37 MOTION to Dismiss Complaint. filed by Johnny Lan, #34 MOTION to Dismiss . filed by Brevet Capital Management, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Douglas Monticciolo, Brevet Holdings, LLC, Mark Callahan. Decision reserved. (Court Reporter Andrew Walker) (wr)
February 12, 2019 Opinion or Order Filing 48 ORDER. The oral argument has been adjourned from February 12, 2019 to Tuesday, February 19, 2019 at 11:00 a.m. in Courtroom 20-C. So ordered. (Oral Argument set for 2/19/2019 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 2/12/2019) (rjm)
January 10, 2019 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: (39 in 1:18-cv-07984-JFK) Letter filed by Douglas Monticciolo, Mark Callahan, (43 in 1:18-cv-08048-JFK) Letter, filed by Brevet Capital Management, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Douglas Monticciolo, Brevet Holdings, LLC, Mark Callahan. ENDORSEMENT: Both parties consenting, the request for oral argument is granted. Accordingly, an oral argument on Defendants' motion to dismiss is scheduled for February 12, 2018 at 11:15 AM. SO ORDERED. (Oral Argument set for 2/12/2019 at 11:15 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 1/10/2019) (anc)
January 10, 2019 Opinion or Order Filing 46 LETTER addressed to Judge John F. Keenan from Paul M. Krieger dated January 10, 2019 re: Request for Oral Argument on Defendants' Motion to Dismiss. Document filed by Paul Iacovacci.(Bolz, Jonathan)
January 7, 2019 Opinion or Order Filing 45 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss . . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Semprevivo, Philip)
January 7, 2019 Opinion or Order Filing 44 REPLY AFFIRMATION of Philip C. Semprevivo in Support re: #34 MOTION to Dismiss .. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Attachments: #1 Exhibit "Q" - State Court Transcript _ 5 Nov 2018, #2 Exhibit "R" - Emails re: State Court ordered Computer and Hard Drives Data Production Protocol, #3 Exhibit "S" - Answer with Counterclaims, #4 Exhibit "T" - Defendants' State Court Amended Answer and Counterclaims, #5 Exhibit "U" - Answer to Amended Complaint and Amended Counterclaims)(Semprevivo, Philip)
January 7, 2019 Opinion or Order Filing 43 LETTER addressed to Judge John F. Keenan from Philip C. Semprevivo dated January 7, 2019 re: request for oral argument on Defendants' Motion to Dismiss. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually).(Semprevivo, Philip)
December 17, 2018 Opinion or Order Filing 42 DECLARATION of Paul M. Krieger in Opposition re: #37 MOTION to Dismiss Complaint., #34 MOTION to Dismiss .. Document filed by Paul Iacovacci. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(O'Donnell, Chelsea)
December 17, 2018 Opinion or Order Filing 41 MEMORANDUM OF LAW in Opposition re: #37 MOTION to Dismiss Complaint., #34 MOTION to Dismiss . . Document filed by Paul Iacovacci. (O'Donnell, Chelsea)
November 26, 2018 Opinion or Order Filing 40 ORDER EXTENSION OF TIME TO FILE OPPOSITION AND REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS granting #39 Letter Motion for Extension of Time to File Response/Reply. Upon due consideration, Plaintiff will have until December 17, 2018 to respond to the Defendants' Motion to Dismiss, and Defendants will have until January 7, 2019 to file a reply. SO ORDERED. (Responses due by 12/17/2018. Replies due by 1/7/2019.) (Signed by Judge John F. Keenan on 11/26/2018) (anc)
November 20, 2018 Opinion or Order Filing 39 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #35 Declaration in Support of Motion,,,,,,, #37 MOTION to Dismiss Complaint., #36 Memorandum of Law in Support of Motion,, #34 MOTION to Dismiss . Letter Motion addressed to Judge John F. Keenan from Paul Krieger dated 11/20/2018. Document filed by Paul Iacovacci. (Attachments: #1 Text of Proposed Order Proposed Order re extension of time to respond to defendants' motion to dismiss complaint)(O'Donnell, Chelsea)
November 20, 2018 Opinion or Order Filing 38 NOTICE OF APPEARANCE by Chelsea Lin O'Donnell on behalf of Paul Iacovacci. (O'Donnell, Chelsea)
November 12, 2018 Opinion or Order Filing 37 MOTION to Dismiss Complaint. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC). Responses due by 11/12/2018(Larkin, Edward)
November 12, 2018 Opinion or Order Filing 36 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss . . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Semprevivo, Philip)
November 12, 2018 Opinion or Order Filing 35 DECLARATION of Philip C. Semprevivo in Support re: #34 MOTION to Dismiss .. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Attachments: #1 Exhibit "A" - 2nd Federal Complaint, #2 Exhibit "B" - 1st Federal Complaint, #3 Exhibit "C" - State Court Original Complaint, #4 Exhibit "D" - Plaintiff's Affirmation in Support of Motion to Amend, #5 Exhibit "E" - State Court Amended Complaint, #6 Exhibit "F" - WebCivil Supreme - eFiled Documents Detail, #7 Exhibit "G" - WebCivil Supreme - Appearance Detail, #8 Exhibit "H" - WebCivil Supreme - Motion Detail, #9 Exhibit "I" - Order re: Motion No. 001 (Computer), #10 Exhibit "J" - Order re: Motion 002 (Declaratory), #11 Exhibit "K" - Compliance Order (Protocol), #12 Exhibit "L" - Order re: Motion No. 003 (Self-Dealing Transactions), #13 Exhibit "M" - Order re: Motion No. 007 (Quash Subpoenas), #14 Exhibit "N" - Plaintiff's Letter to Comm. Div., #15 Exhibit "O" - Order Denying Comm. Div. Transfer, #16 Exhibit "P" - Order to Show Cause Granting TRO)(Semprevivo, Philip)
November 12, 2018 Opinion or Order Filing 34 MOTION to Dismiss . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually).(Semprevivo, Philip)
November 8, 2018 Opinion or Order Filing 33 ORDER granting #30 Letter Motion to Adjourn Conference. The request to adjourn the initial pre-trial conference is granted. Accordingly, the initial pre-trial conference is adjourned pending this Court's decision on Defendants' motion to dismiss, which will be filed no later than November 12, 2018. (Signed by Judge John F. Keenan on 11/8/2018) (js)
November 8, 2018 Opinion or Order Set/Reset Deadlines: Motions due by 11/12/2018. (js)
November 8, 2018 Opinion or Order ***DELETED DOCUMENT pursuant to Chamber's email 11/8/2018. Deleted document number #33 ORDER. The document was incorrectly filed in this case. (anc)
November 6, 2018 Opinion or Order Filing 32 LETTER REPLY to Response to Motion addressed to Judge John F. Keenan from Joseph Kim dated November 6, 2018 re: #30 LETTER MOTION to Adjourn Conference currently scheduled for November 13, 2018 addressed to Judge John F. Keenan from Christine I. Laurent dated October 30, 2018. . Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Kim, Joseph)
November 1, 2018 Opinion or Order Filing 31 LETTER RESPONSE to Motion addressed to Judge John F. Keenan from Paul M. Krieger dated November 1, 2018 re: #30 LETTER MOTION to Adjourn Conference currently scheduled for November 13, 2018 addressed to Judge John F. Keenan from Christine I. Laurent dated October 30, 2018. . Document filed by Paul Iacovacci. (Bolz, Jonathan)
October 30, 2018 Opinion or Order Filing 30 LETTER MOTION to Adjourn Conference currently scheduled for November 13, 2018 addressed to Judge John F. Keenan from Christine I. Laurent dated October 30, 2018. Document filed by Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually).(Laurent, Christine)
October 18, 2018 Opinion or Order Filing 29 NOTICE OF APPEARANCE by Daniel Seth Weinberger on behalf of Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC). (Weinberger, Daniel)
October 18, 2018 Opinion or Order Filing 28 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC). (Larkin, Edward)
October 18, 2018 Opinion or Order Filing 27 NOTICE OF APPEARANCE by Edward William Larkin on behalf of Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC). (Larkin, Edward)
October 11, 2018 Opinion or Order Filing 26 MEMO ENDORSEMENT on re: #25 Letter filed by Paul Iacovacci. ENDORSEMENT: The Court acknowledges that Plaintiff has provided counsel for all Defendants with a copy of the Summons and Complaint in this action. Accordingly, Defendants have waived service of the Summons and Complaint. Both Parties consenting, the request for an adjournment of Defendants' Answer is granted. Accordingly, Defendants must answer or move by November 12, 2018. SO ORDERED. (Brevet Capital Management, LLC answer due 11/12/2018; Brevet Holdings, LLC answer due 11/12/2018; Brevet Short Duration Holdings, LLC answer due 11/12/2018; Brevet Short Duration Partners, LLC answer due 11/12/2018; Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC) answer due 11/12/2018; Mark Callahan(Individually) answer due 11/12/2018; Jane Does 1 through 100 answer due 11/12/2018; John Does 1 through 100 answer due 11/12/2018; Johnny Lan(Individually) answer due 11/12/2018; Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC) answer due 11/12/2018; Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC) answer due 11/12/2018; Douglas Monticciolo(Individually) answer due 11/12/2018.) (Signed by Judge John F. Keenan on 10/11/2018) (jca)
October 10, 2018 Opinion or Order Filing 25 LETTER addressed to Judge John F. Keenan from Paul M. Krieger dated October 10, 2018 re: Service and Time for Defendants to Answer or Otherwise Respond. Document filed by Paul Iacovacci.(Bolz, Jonathan)
October 9, 2018 Opinion or Order Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC) waiver sent on 10/4/2018, answer due 12/3/2018; Brevet Capital Management, LLC waiver sent on 10/4/2018, answer due 12/3/2018; Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC) waiver sent on 10/4/2018, answer due 12/3/2018; Douglas Monticciolo(Individually) waiver sent on 10/4/2018, answer due 12/3/2018; Brevet Holdings, LLC waiver sent on 10/4/2018, answer due 12/3/2018; Mark Callahan(Individually) waiver sent on 10/4/2018, answer due 12/3/2018; Brevet Short Duration Partners, LLC waiver sent on 10/4/2018, answer due 12/3/2018; Brevet Short Duration Holdings, LLC waiver sent on 10/4/2018, answer due 12/3/2018. Document filed by Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC); Brevet Capital Management, LLC; Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC); Douglas Monticciolo(Individually); Brevet Holdings, LLC; Mark Callahan(Individually); Brevet Short Duration Partners, LLC; Brevet Short Duration Holdings, LLC. (Laurent, Christine)
October 9, 2018 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Christine Isabelle Laurent on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Laurent, Christine)
October 9, 2018 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Joseph Kim on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Kim, Joseph)
October 9, 2018 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Philip Carmine Semprevivo on behalf of Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (Semprevivo, Philip)
September 7, 2018 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Jonathan Bolz on behalf of Paul Iacovacci. (Bolz, Jonathan)
September 7, 2018 Opinion or Order Filing 19 ORDER: Initial Conference set for 11/13/2018 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 9/7/2018) (jca)
September 7, 2018 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:18-cv-07984-JFK. Notice of Assignment to follow. (bcu)
September 7, 2018 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge John F. Keenan. Judge Unassigned is no longer assigned to the case. (bcu)
September 7, 2018 Opinion or Order 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. (bcu)
September 5, 2018 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually). (jgo)
September 5, 2018 Opinion or Order Filing 17 ELECTRONIC SUMMONS ISSUED as to Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC). (jgo)
September 5, 2018 Opinion or Order Filing 16 ELECTRONIC SUMMONS ISSUED as to Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). (jgo)
September 5, 2018 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to Brevet Short Duration Partners, LLC. (jgo)
September 5, 2018 Opinion or Order Filing 14 ELECTRONIC SUMMONS ISSUED as to Brevet Short Duration Holdings, LLC. (jgo)
September 5, 2018 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Brevet Holdings, LLC. (jgo)
September 5, 2018 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to Brevet Capital Management, LLC. (jgo)
September 5, 2018 Opinion or Order Filing 11 COMPLAINT against Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan(as President of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Mark Callahan(Individually), Jane Does 1 through 100, John Does 1 through 100, Johnny Lan(Individually), Johnny Lan(as Vice President and Head of Technology of Brevet Capital Management, LLC), Douglas Monticciolo(as a Member and the Majority Owner of Brevet Holdings, LLC, Chief Investment Officer of Brevet Capital Management, LLC, a Member of Brevet Short Duration Partners, LLC, a Member of Brevet Short Duration Holdings, LLC), Douglas Monticciolo(Individually). Document filed by Paul Iacovacci.(Krieger, Paul)
September 5, 2018 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
September 5, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Matthew Krieger to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties: Douglas Monticciolo with party text 'individually', Mark Callahan with party text 'individually', Johnny Lan with party text 'individually', and Jane Does 1 through 100; all of the parties whom the pleading is against were not selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
September 5, 2018 Opinion or Order Case Designated ECF. (jgo)
September 5, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Matthew Krieger. The party information for the following party/parties has been modified: Douglas Monticciolo; Mark Callahan; Johnny Lan. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error;. (jgo)
September 5, 2018 Opinion or Order ADD PARTY FOR PLEADING. Defendants/Respondents Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan, John Does 1 through 100, Johnny Lan, Douglas Monticciolo, Douglas Monticciolo, Mark Callahan, Johnny Lan, Jane Does 1 through 100 added. Party added pursuant to #1 Complaint,.Document filed by Paul Iacovacci. Related document: #1 Complaint,.(Krieger, Paul)
September 5, 2018 Opinion or Order CASE REFERRED TO Judge John F. Keenan as possibly related to 18-cv-7984. (jgo)
September 4, 2018 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Johnny Lan, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Mark Callahan, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Douglas Monticciolo, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Brevet Short Duration Holdings, LLC, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Brevet Short Duration Partners, LLC, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Brevet Capital Management, LLC, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Brevet Holdings, LLC, re: #1 Complaint,. Document filed by Paul Iacovacci. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18cv7984. Document filed by Paul Iacovacci.(Krieger, Paul)
September 4, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Krieger, Paul)
September 4, 2018 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Brevet Capital Management, LLC, Brevet Holdings, LLC, Brevet Short Duration Holdings, LLC, Brevet Short Duration Partners, LLC, Mark Callahan, John and Jane Does 1 Through 100, Johnny Lan, Douglas Monticciolo. (Filing Fee $ 400.00.)Document filed by Paul Iacovacci.(Krieger, Paul) Modified on 9/5/2018 (jgo).

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Defendant: John and Jane Does 1 Through 100
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Defendant: Johnny Lan
Represented By: Edward William Larkin
Represented By: Daniel Seth Weinberger
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Christine Isabelle Laurent
Represented By: Garrard Russ Beeney
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: Brevet Short Duration Holdings, LLC
Represented By: Philip Carmine Semprevivo
Represented By: Christine Isabelle Laurent
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: Mark Callahan
Represented By: Philip Carmine Semprevivo
Represented By: Christine Isabelle Laurent
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Garrard Russ Beeney
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: Brevet Capital Management, LLC
Represented By: Philip Carmine Semprevivo
Represented By: Christine Isabelle Laurent
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Garrard Russ Beeney
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: Brevet Short Duration Partners, LLC
Represented By: Philip Carmine Semprevivo
Represented By: Christine Isabelle Laurent
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Garrard Russ Beeney
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: Douglas Monticciolo
Represented By: Philip Carmine Semprevivo
Represented By: Christine Isabelle Laurent
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Garrard Russ Beeney
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: Brevet Holdings, LLC
Represented By: Philip Carmine Semprevivo
Represented By: Christine Isabelle Laurent
Represented By: Joseph Kim
Represented By: Philip Semprevivo
Represented By: Nicole Ware Friedlander
Represented By: Garrard Russ Beeney
Represented By: Matthew Alexander Schwartz
Represented By: Corey Omer
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Defendant: John Does 1 through 100
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Defendant: Jane Does 1 through 100
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Plaintiff: Paul Iacovacci
Represented By: Paul Matthew Krieger
Represented By: Jonathan Bolz
Represented By: Andrew Peter Marks
Represented By: Colin James Steele
Represented By: Chelsea Lin O'Donnell
Represented By: Andrew M. Berdon
Represented By: Scott Andrew Weiss
Represented By: John H. Chun
Represented By: David Ross Ehrlich
Represented By: Debra L. Wabnik
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