New Concept Energy, Inc. v. Gentile et al
| New Concept Energy, Inc. |
| Guy Gentile and MintBroker International, Ltd. |
| Igal Wizman, Eleanor Fisher, EY Bahamas Ltd. and EY Cayman Ltd. |
| 1:2018cv08896 |
| September 28, 2018 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Denise L Cote |
| Robert W Lehrburger |
| Securities/Commodities |
| None |
Docket Report
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Filing 184
MEMORANDUM OF LAW in Opposition re: #183 MOTION in Limine To Exclude Post Discovery Documents, Expert Testimony and Reports. . Document filed by Guy Gentile..(Ford, Matthew)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #181 MOTION for Cara J. Filippelli to Appear Pro Hac Vice as Counsel for Guy Gentile. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois 217-782-2035; Supporting Documents Filed Separately (Refile Affidavit, Correct Certificates and Proposed Order together with Motion);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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Filing 183
MOTION in Limine To Exclude Post Discovery Documents, Expert Testimony and Reports. Document filed by New Concept Energy, Inc.. (Attachments: #1 Appendix App 1 - Bahamas SEC Petition, #2 Appendix App 2 - Website disclosure, #3 Appendix App 3 - Bahamas Commission letter, #4 Appendix App 4 - Gentile Damages Dep. Tr., #5 Appendix App 5 - Pl 1st Interrogatories, #6 Appendix App 6 - Defs 1st Interrogatory Responses, #7 Appendix App 7 - Pl 2nd Interrogatories, #8 Appendix App 8 - Defs 2nd Interrogatory Responses, #9 Appendix App 9 - Darville Dep. Tr., #10 Appendix App 10 - Beresford Dep. Tr., #11 Appendix App 11 -Christian Dep. Tr., #12 Appendix App 12 - Christian Supp Dep. Tr., #13 Appendix App 13 - Staff Bulletin re omnibus accounts).(Tauber, Miriam)
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Filing 182
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Cara J. Filippelli in Support re: #181 MOTION for Cara J. Filippelli to Appear Pro Hac Vice as Counsel for Guy Gentile. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Guy Gentile. (Attachments: #1 Exhibit Certificate of Good Standing - SC Texas, #2 Exhibit Certificate of Good Standing - Texas, #3 Exhibit Certificate of Good Standing - Illinois, #4 Text of Proposed Order Proposed Order).(Filippelli, Cara) Modified on 1/30/2023 (sgz).
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Filing 181
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cara J. Filippelli to Appear Pro Hac Vice as Counsel for Guy Gentile. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guy Gentile..(Filippelli, Cara) Modified on 1/30/2023 (sgz).
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Filing 180
ORDER: As discussed during the pre-hearing conference held on January 18, 2023: 1. The inquest hearing will proceed as scheduled on February 1, 2023. 2. The parties anticipate calling the following witnesses: Guy Gentile, Stephen Darville (by affidavit and deposition testimony), Robert Christian, and Brandon Beresford. 3. The parties are allotted up to 30 minutes for opening statements. 4. The parties shall deliver exhibit notebooks to chambers by January 30, 2023. 5. Motions in limine shall be filed by January 27, 2023. Responses shall be filed by January 30, 2023. SO ORDERED. (Motions due by 1/27/2023. Responses due by 1/30/2023.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/18/2023) (mml)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 1/18/2023 at 10:30 a.m. (rsh)
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NOTICE to parties: The scheduled Inquest Hearing on February 1st and 2nd, 2023, will take place in Courtroom 15 A. Parties please take note of the courtroom change. (rsh)
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Filing 179
ORDER denying #168 Letter Motion to Compel; denying #171 Letter Motion to Adjourn Conference; granting #172 Letter Motion to Stay re: #168 SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney, #171 LETTER MOTION to Adjourn Conference Damages Inquest Hearing addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated December 12, 2022., #172 LETTER MOTION to Stay re: #168 SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. L. ORDER: granting 179 Letter Motion to Compel; denying 182 Letter Motion to Adjourn Conference; denying 183 Letter Motion to Stay re: 179 SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney, 182 LETTER MOTION to Adjourn Conference - Damages Inquest Hearing addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated December 12, 2022., 183 LETTER MOTION to Stay re: 179 SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. L. This order resolves the letter motions at Dkts. 179, 182, and 183 in 18-CV-7291, and the corresponding letter motions in 18-CV-8896.Defendant Gentile's letter motion at Dkt. 182 requests an adjournment sine die of the inquest hearing scheduled for February 1, 2023. The motion is denied for substantially the reasons set forth in Plaintiff's letter dated December 16, 2022. Plaintiff's letter motion at Dkt. 179 asks the Court to compel the continued deposition of Gentile's expert Mr. Christian. Gentile's motion at Dkt. 183 asks to stay the continued deposition of Mr. Christian. Plaintiff's motion is granted, and Defendant's motion is denied, for principally the reasons set forth in Plaintiff's letter dated December 16, 2022. The Clerk of Court is respectfully requested to terminate the letter motions at Dkts. 179, 182, and 183 in 18-CV-7291 and Dkts. 168, 171, and 172 in 18-CV-8896. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 12/22/2022) (ama)
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Filing 178
JOINT PRELIMINARY TRIAL REPORT. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 177
ORDER granting #176 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/20/2022) (mml)
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Filing 176
JOINT LETTER MOTION for Extension of Time to submit a joint pre-hearing letter addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated December 19, 2022. Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 175
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from David Lopez (Attorney for Plaintiffs) dated December 16, 2022 re: #172 LETTER MOTION to Stay re: #168 SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. L, #171 LETTER MOTION to Adjourn Conference - Damages Inquest Hearing addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated December 12, 2022. . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 174
MEMO ENDORSEMENT on re: #173 Letter, filed by Igal Wizman, Eleanor Fisher, EY Cayman Ltd., EY Bahamas Ltd. ENDORSEMENT: Status letter is due 4/14/23. (Signed by Judge Denise L. Cote on 12/13/2022) (vfr)
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Filing 173
LETTER addressed to Judge Denise L. Cote from Warren E. Gluck dated December 12, 2022 re: clarification of this Court's orders on November 16, 2022 [Doc. 157]. Document filed by EY Bahamas Ltd., EY Cayman Ltd., Eleanor Fisher, Igal Wizman..(Gluck, Warren)
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Filing 172
LETTER MOTION to Stay re: #168 SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated December 12, 2022. Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 171
LETTER MOTION to Adjourn Conference - Damages Inquest Hearing addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated December 12, 2022. Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 170
ORDER granting #169 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/12/2022) (mml)
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Filing 169
JOINT LETTER MOTION for Extension of Time to File Proposed Pre-Hearing Order addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated December 12, 2022. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 168
SUPPLEMENTAL LETTER MOTION to Compel Defendant Guy Gentile to Comply with Order to Continue Christian Deposition (Notwithstanding Stay Entered as to Mintbroker) addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated December 8, 2022. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 167
ORDER: It is hereby ORDERED that these actions are stayed as to Mintbroker. IT IS FURTHER ORDERED that Warren E. Gluck shall file a letter by April 14, 2023 regarding the status of the liquidation proceedings in the Bahamas. (Signed by Judge Denise L. Cote on 11/29/2022) (vfr)
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Filing 166
REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY): The United State District Court for the Southern District of New York presents its compliments to the Appropriate Judicial Authority of the Commonwealth of the Bahamas and requests international judicial assistance to effectuate service (and, if necessary, enforcement) of a subpoena to compel one of its citizens to appear and give testimony before an official authorized to take oaths in the Bahamas for use in civil proceedings before this Court in the above-captioned matters, as further set forth. As the preferred option, this Court requests that the Appropriate Judicial Authority of the Commonwealth of the Bahamas allow Plaintiffs' counsel, Miriam Tauber or David Lopez, to take the witness testimony as provided by Rule 30(b)(3) of the United States Federal Rules of Civil Procedure, and that counsel for the Defendants then be permitted to further examine the witness. In this manner, the testimony should be recorded by stenographic means. The testimony sought is expected to be delivered in English, but may be recorded with the assistance of an interpreter if necessary. This Court expresses its willingness to provide similar assistance to the Appropriate Judicial Authority of the Commonwealth of the Bahamas under appropriate circumstances and in appropriate instances. This Court is willing to assist the Appropriate Judicial Authority in the Commonwealth of the Bahamas for any reasonable and necessary costs incurred in executing this request of judicial assistance. (Signed by Magistrate Judge Robert W. Lehrburger on 11/29/2022) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 165
ORDER granting #158 Motion for Issuance of Letters Rogatory. Defendant's motion for issuance of letters rogatory to take the deposition of Stephen Darville is granted. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Talmage, Mariel) Modified on 11/29/2022 (rsh).
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Filing 164
LETTER addressed to Judge Denise L. Cote from Warren E. Gluck dated November 28, 2022 re: response to this Court's order of November 16, 2022. Document filed by EY Bahamas Ltd., EY Cayman Ltd., Eleanor Fisher, Igal Wizman. (Attachments: #1 Exhibit A - Winding Up Order).(Gluck, Warren)
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Filing 163
NOTICE OF APPEARANCE by Warren Ernest Gluck on behalf of Igal Wizman, Eleanor Fisher, EY Bahamas Ltd., EY Cayman Ltd...(Gluck, Warren)
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Filing 162
RESPONSE to Motion re: #158 MOTION for Issuance of Letters Rogatory as to Stephen Darville in Bahamas . Plaintiff Neither Supports Nor Opposes. Document filed by New Concept Energy, Inc...(Lopez, David)
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Filing 161
LETTER addressed to Judge Denise L. Cote from David Lopez (Attorney for Plaintiffs) dated November 28, 2022 re: Stay entered with respect to Mintbroker. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 160
LETTER addressed to Judge Denise L. Cote from Adam C. Ford (attorney for Guy Gentile and MintBroker) dated November 28, 2022 re: Continuation of Stay. Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit A - Companies Act Excerpts, #2 Exhibit B - Winding Up Rules Excerpt, #3 Exhibit C - Excerpts from Companies Winding Up Amendment Act, #4 Exhibit D - First Report of JOLs).(Ford, Adam)
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Filing 159
ORDER. If Plaintiff has any response to Defendant's motion for issuance of letters rogatory filed on November 18, 2022, such response shall be filed no later than November 30, 2022. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Talmage, Mariel)
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Filing 158
MOTION for Issuance of Letters Rogatory as to Stephen Darville in Bahamas . Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit A - Letter Rogatory).(Ford, Adam)
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Filing 157
ORDER: It is hereby ORDERED that these actions are temporarily stayed as to Mintbroker. IT IS FURTHER ORDERED that by November 28, 2022, the Plaintiffs and Mintbroker shall file each file a letter no longer than two pages regarding whether the stay should continue. IT IS FURTHER ORDERED that, regardless of whether these actions remain stayed as to Mintbroker, Mintbroker shall file a letter by January 13, 2023 regarding the status of the liquidation proceedings in the Bahamas. (Signed by Judge Denise L. Cote on 11/16/2022) (vfr)
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Filing 156
ORDER granting #153 Letter Motion for Leave to File Document. Request for leave granted. Gentile shall proceed with filing the application for letters rogatory for a deposition of Mr. Darville. (Signed by Magistrate Judge Robert W. Lehrburger on 11/15/2022) (rro)
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Filing 155
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile) dated November 14, 2022 re: Response to Court's November 14, 2022 Order seeking an explanation regarding Defendants' application for letters rogatory. Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit Darville Emails, #2 Exhibit Text Messages, #3 Exhibit 11/17 Emails).(Ford, Adam)
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Filing 154
ORDER with respect to #153 Letter Motion for Leave to File Document. By November 16, 2022, defense counsel shall file a letter explaining why the application for letters rogatory for the deposition of Mr. Darville was not made until the last day that depositions were to be taken. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/14/2022) (mml)
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Filing 153
LETTER MOTION for Leave to File Motion for Issuance of Letters Rogatory addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile) dated November 14, 2022. Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 151
SUGGESTION OF BANKRUPTCY upon the record as to Mintbroker International Ltd . Document filed by New Concept Energy, Inc..(Lopez, David)
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Filing 152
ORDER: granting #146 Letter Motion to Compel. No opposition having been filed, and the Court having given the matter due consideration, Plaintiff's application to continue the deposition of Mr. Christian is GRANTED. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/11/2022) (ama)
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Filing 150
ORDER granting #142 Motion to Strike docket entry and document #142 MOTION to Strike Document No. #135 . filed by Guy Gentile, MintBroker International, Ltd., #135 Suggestion of Bankruptcy, filed by New Concept Energy, Inc. from the record. It is hereby ORDERED that the defendants' motion to strike is granted. (Signed by Judge Denise L. Cote on 11/9/22) (yv)
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Filing 149
REPLY MEMORANDUM OF LAW in Support re: #142 MOTION to Strike Document No. #135 . . Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 148
AFFIRMATION of David Lopez in Opposition re: #142 MOTION to Strike Document No. #135 .. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 147
MEMORANDUM OF LAW in Opposition re: #142 MOTION to Strike Document No. #135 . . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 146
LETTER MOTION to Compel Defendants/Robert Christian to Appear for Additional 1 Hr of Deposition Questioning addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated November 2, 2022. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 145
NOTICE OF APPEARANCE by Alexander Herman Shapiro on behalf of Guy Gentile, MintBroker International, Ltd...(Shapiro, Alexander)
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Filing 144
DECLARATION of Adam C. Ford in Support re: #142 MOTION to Strike Document No. #135 .. Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit A - Order for Appointment of Provisional Liquidator, #2 Exhibit B - Winding Up Order, #3 Exhibit C - 9/27/22 Order, #4 Exhibit D - First Report of Joint Liquidators, #5 Exhibit E - 10/13/22 Email from Gluck, #6 Exhibit F - Notice of Change of Information Disclosure Statement with Transmittal Email, #7 Exhibit G - Notice of 10/13/22 ECF Filing, #8 Exhibit H - 10/14/22 Email from Alexander Shapiro).(Ford, Adam)
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Filing 143
MEMORANDUM OF LAW in Support re: #142 MOTION to Strike Document No. #135 . . Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 142
MOTION to Strike Document No. #135 . Document filed by Guy Gentile, MintBroker International, Ltd...(Ford, Adam)
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Filing 141
ORDER: The Appropriate Judicial Authority of The Commonwealth of The Bahamas is requested to serve the above-mentioned Subpoena, requesting the documents identified in Exhibit A-1, by personal service into the hands of a director, managing agent or other person authorized to accept service or in any manner of service consistent with the laws of The Commonwealth of The Bahamas (the "Bahamas"), as further set forth. This Court expresses its willingness to provide similar assistance to the Appropriate Judicial Authority of The Commonwealth of The Bahamas under appropriate circumstances and in appropriate instances. This Court is willing to assist the Appropriate Judicial Authority in The Commonwealth of The Bahamas for any reasonable and necessary costs incurred in executing this request of judicial assistance. (Signed by Magistrate Judge Robert W. Lehrburger on 10/18/2022) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 140
ORDER granting #136 Motion for Issuance of Letters Rogatory. This order resolves Defendant Guy Gentile's motion for issuance of letters rogatory at Dkt. 146 in 18-CV-7291 and Dkt. 136 in 18-CV-8896. Plaintiffs neither support nor oppose. (See 18-CV-7291 Dkt. 149 at 4.) The Court agrees with Plaintiffs that Gentile has created a contradictory record regarding what documents existed at any time, what he possessed at any particular time, and what documents Mintbroker does or does not have. Nonetheless, given the Court's previous orders regarding whether or not Defendants will be able to submit certain information into evidence for inquest based on what documents they produce, equity favors granting Gentile's motion. Further, Plaintiffs' response to the motion is premised in part on the assumption that Gentile necessarily kept copies of certain documents provided to Mintbroker and on hearsay that the only responsive documents in the Joint Provision Liquidators' possession are documents previously provided by Gentile to them. Accordingly, the Court GRANTS Gentile's motion and will issue a separate order for letters rogatory. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/18/2022) (mml)
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Filing 139
RESPONSE to Motion re: #136 MOTION for Issuance of Letters Rogatory as to Mintbroker in Bahamas . . Document filed by New Concept Energy, Inc.. (Attachments: #1 Appendix Appx A - JOL letter).(Tauber, Miriam)
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Filing 138
SUPPLEMENTAL LETTER addressed to Judge Denise L. Cote from David Lopez (Attorney for Plaintiff) dated October 14, 2022 re: Mintbroker Suggestion of Bankruptcy. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 137
ORDER. Plaintiffs shall file their response to Gentile's motion for issuance of letters rogatory by October 21, 2022. Gentile should not file a reply unless requested by the Court. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Talmage, Mariel)
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Filing 136
MOTION for Issuance of Letters Rogatory as to Mintbroker in Bahamas . Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit A - Letter Rogatory, #2 Exhibit A-1 - Document Requests, #3 Exhibit B - Warren Gluck Emails, #4 Exhibit C - Darville Declaration, #5 Exhibit D - JOL Emails, #6 Exhibit E - JOL Report).(Ford, Adam)
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Filing 135
***STRICKEN DOCUMENT. Document number 135 has been stricken from the case record. The document was stricken from this case pursuant to 150 Order . SUGGESTION OF BANKRUPTCY upon the record as to Mintbroker (letter w/appendix filed by Plaintiff's counsel as a professional courtesy to counsel to the liquidators appointed by the Supreme Court of the Bahamas) . Document filed by New Concept Energy, Inc. (Attachments: #1 Appendix Appx A - Davis letter, #2 Appendix Appx B - TPC, #3 Appendix Appx C - filings).(Tauber, Miriam) Modified on 11/10/2022 (yv).
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Filing 134
ORDER granting #133 Letter Motion for Leave to File Document. Defendant Gentile's application at Dkt. 133 in 18-CV-8896 and Dkt. 143 in 18-CV- 7291 is GRANTED. Gentile may proceed with his proposed motion for issuance of letters rogatory. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/13/2022) (mml)
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Filing 133
LETTER MOTION for Leave to File Motion for Issuance of Letters Rogatory addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile) dated October 6, 2022. Document filed by Guy Gentile. (Attachments: #1 Exhibit A - Warren Gluck Emails, #2 Exhibit B - Darville Declaration, #3 Exhibit C - JOL Report).(Ford, Adam)
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Filing 132
NOTICE of Hearing: Inquest Hearing set for 2/1/2023 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Inquest Hearing set for 2/2/2023 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 131
ORDER: The Court having taken account of the parties' dates of availability, the hearing on inquest will be held on February 1-2, 2023 in Courtroom 18D, 500 Pearl Street, New York, New York 10007. A pre-hearing conference will be held at the same location on Wednesday January 18, 2023 at 10:30 a.m. SO ORDERED. Status Conference set for 1/18/2023 at 10:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 10/4/2022) (mml)
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Filing 130
CONSENT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated October 3, 2022 re: Parties' Blackout Dates for Damages Inquest Hearing. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 129
ORDER denying #128 Motion to Withdraw #128 MOTION to Withdraw as Counsel for Defendant Mintbroker International, LTD. It is hereby ORDERED that defendant Gentile's motion to vacate judgment is denied. This Court has subject matter jurisdiction over these actions. IT IS FURTHER ORDERED that counsel's motion to withdraw as counsel for defendant MintBroker is denied unless and until substitute counsel for MintBroker files a notice of appearance. (Signed by Judge Denise L. Cote on 9/27/2022) (mml)
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Filing 128
MOTION to Withdraw as Counsel for Defendant Mintbroker International, LTD. Document filed by Guy Gentile. (Attachments: #1 Affidavit Declaration of Matthew Ford, #2 Exhibit JPL Order, #3 Exhibit Certificate of Interested Parties, #4 Exhibit Winding Up Order, #5 Exhibit JOL Counsel Email, #6 Exhibit Motion to Clarify Appearance, #7 Exhibit Paperless Order Re Termination).(Ford, Adam)
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Filing 127
ORDER: This order addresses certain discovery and scheduling issues related to the inquest hearing in these two related cases. (See Dkt. 125 in 18-CV-8896.) 1. Based on the parties' correspondence, Plaintiffs' request for native/Excel files has been resolved with Defendants' compliance. (See Dkt. 125 at 1.) Accordingly, this issue is moot. 2. As to the remaining documents requested by Plaintiffs (customer account statements and financial records, and certain tax forms), it is Defendants' burden to prove what portion of the Mintbroker proprietary account trades, if any, were on behalf clients rather than Mintbroker. The materials sought by Plaintiffs are material to that determination, particularly in light of the uncertainties regarding the additional documents produced by Defendants after the close of discovery (the "Post-Discovery Documents"). To the extent Defendants have possession, custody, or control over those documents, they must be produced. To the extent Defendants cannot or do not produce such documents (assuming they ever existed), Defendants will incur the appropriate evidentiary consequences, including potential preclusion from introducing the Post-Discovery Documents as evidence, as further set forth herein. 6. All documents to be produced must be produced by October 11, 2022. 7. All witnesses shall be deposed by November 14, 2022. 8. By December 12, 2022, the parties shall file a proposed pre-hearing order similar to a pre-trial order that includes: (i) a witness list (including whether they will be live or by deposition; if by deposition, the parties must designate deposition testimony and identify any portions to which the opposing party objects and the basis for the objection); (ii) an exhibit list (including whether the opposing party objects and the basis for the objection); and (iii) identification of any issues requiring pre-hearing resolution, and the parties' respective positions. The parties shall also indicate whether they have any particular technology needs for the hearing. 9. The Court will set a date for the inquest hearing in consultation with counsel. By October 3, 2022, the parties shall file a joint letter setting forth any "blackout" dates when they are not available for the hearing in January and February 2023. The Court plans to reserve two days for the hearing and to allow 30 minutes each for opening statements. If the parties agree that more time is necessary for either the hearing or opening statements, they shall so state in the joint letter. The Court also will schedule a date for a final pre-hearing conference to take place approximately one to two weeks before the hearing. SO ORDERED. (Deposition due by 11/14/2022.) (Signed by Magistrate Judge Robert W. Lehrburger on 9/23/2022) (mml)
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Filing 126
RESPONSE to Motion re: #121 MOTION to Vacate #86 Memorandum & Opinion,,, . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by New Concept Energy, Inc.. (Attachments: #1 Appendix SEC v Mintbroker order on motion).(Tauber, Miriam)
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Filing 125
JOINT PRE-CONFERENCE STATEMENT Re Proposed Discovery Plan for Damages Inquest Hearing. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 124
FILING ERROR - DUPLICATE DOCKET ENTRY - MOTION to Vacate #86 Memorandum & Opinion,,, ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by Guy Gentile..(Ford, Matthew) Modified on 9/21/2022 (lb).
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Filing 123
NOTICE of Letter Request Hearing re: #121 MOTION to Vacate #86 Memorandum & Opinion,,, . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Guy Gentile..(Ford, Matthew)
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Filing 122
MEMORANDUM OF LAW in Support re: #121 MOTION to Vacate #86 Memorandum & Opinion,,, . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Guy Gentile. (Attachments: #1 Affidavit Declaration of Adam C. Ford, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E).(Ford, Matthew)
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Filing 121
MOTION to Vacate #86 Memorandum & Opinion,,, ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by Guy Gentile..(Ford, Matthew)
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Filing 120
ORDER. The parties are advised that any further correspondence concerning Mintbroker's subject matter jurisdiction arguments and vacatur of summary judgment should be directed to Judge Cote who will resolve the issue. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Talmage, Mariel)
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Filing 119
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/7/2022 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... (js)
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Filing 118
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/7/2022 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/11/2022. Redacted Transcript Deadline set for 10/20/2022. Release of Transcript Restriction set for 12/19/2022. (js)
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Filing 117
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from David Lopez, Esq dated September 18, 2022 re: #115 LETTER MOTION for Leave to File Motion to vacate the Courts April 8, 2022 summary judgment order and to dismiss all claims against MintBroker for lack of subject-matter jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Ad Plaintiff's Counsel. Document filed by New Concept Energy, Inc...(Lopez, David)
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Filing 116
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from David Lopez (Attorney for Plaintiffs) dated September 16, 2022 re: #115 LETTER MOTION for Leave to File Motion to vacate the Courts April 8, 2022 summary judgment order and to dismiss all claims against MintBroker for lack of subject-matter jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Ad . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 115
LETTER MOTION for Leave to File Motion to vacate the Courts April 8, 2022 summary judgment order and to dismiss all claims against MintBroker for lack of subject-matter jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile) dated September 16, 2022. Document filed by Guy Gentile..(Ford, Adam)
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Filing 114
ORDER: This order concerns the incomplete joint discovery plan filed by the parties on September 14, 2022 at Dkt. 124 in 18-CV-7291 and Dkt. 113 in 18-CV-8896. 1. The parties need to do better in meeting and conferring sufficiently in advance so as to be able to comply with deadlines for joint filings. Waiting until the eve a joint filing is due to specify a request (or, if there is any doubt from the other side, for that side to say so) is not sufficient. 2. The parties must meet and confer about the documents requested by Plaintiffs. It will not be sufficient merely for Defendant to "respond" to the requests within one week. Rather, Defendant must take the initiative to further meet and confer with Plaintiff about the document requests, and both parties must take the initiative to fully complete their deliberations and submit a revised joint discovery plan that, with respect to the documents issue, indicates if the parties have come to agreement, and, if not, their respective positions. The revised joint discovery plan shall be filed by September 21, 2022. 3. With respect to depositions, the Court presumes that "within 45 days" for Defendants' Witnesses and within 60 days for Additional Witnesses refers to periods of time measured from when the Court enters the discovery order. If the parties have a different understanding, they shall so indicate in the revised joint filing. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/15/2022) (mml)
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Filing 113
JOINT PRE-CONFERENCE STATEMENT Re Proposed Discovery Plan for Damages Inquest Hearing -- CORRECTED Letter filed at Dkt#112. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 112
JOINT PRE-CONFERENCE STATEMENT Re Proposed Discovery Plan for Damages Inquest Hearing. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (laq)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Case Management Conference held on 9/7/2022 at 3:30 p.m. (rsh)
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Filing 111
ORDER: As discussed at the conference on September 7, 2022: The parties shall meet and confer and by September 14, 2022 shall submit a proposed schedule for supplemental discovery on damages. The proposal should address both fact discovery and expert discovery. (Signed by Magistrate Judge Robert W. Lehrburger on 9/7/2022) (mml) Modified on 9/8/2022 (mml).
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Filing 110
NOTICE: Please take note the scheduled Case Management Conference will begin at 3:30 p.m. today in courtroom 18 D. (rsh)
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Filing 109
JOINT PRE-CONFERENCE STATEMENT . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 108
ORDER: NOTICE of Conference: The Court will hold a conference with counsel on Wednesday, September 7, 2022 at 2:30pm in Courtroom 18D, 500 Pearl Street. The purpose of the conference is to discuss plans for an inquest hearing. The parties shall meet and confer, and, at least five days before the conference, shall submit a proposed pre-hearing plan providing: (1) a list of the witnesses the parties anticipate calling to offer testimony and whether any witness testimony should be accepted by affidavit, (2) a list of the parties anticipated exhibits, (3) any pre-hearing disputes or issues that need to be addressed, (4) proposed length of opening statements, if any, and (5) estimated length of the hearing. The Court anticipates the hearing will address the following issues: (1) client vs. non-client trades, and (2) the extent to which Defendants could and should have obtained and produced the recently-produced Mintbroker records at an earlier time. SO ORDERED. Case Management Conference set for 9/7/2022 at 02:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 8/15/2022) (mml)
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Filing 107
NOTICE of Conference: The Court will hold a conference with counsel on Wednesday, September 7, 2022 at 2:30pm in Courtroom 18D, 500 Pearl Street. The purpose of the conference is to discuss plans for an inquest hearing. The parties shall meet and confer, and, at least five days before the conference, shall submit a proposed pre-hearing plan providing: (1) a list of the witnesses the parties anticipate calling to offer testimony and whether any witness testimony should be accepted by affidavit, (2) a list of the parties anticipated exhibits, (3) any pre-hearing disputes or issues that need to be addressed, (4) proposed length of opening statements, if any, and (5) estimated length of the hearing. The Court anticipates the hearing will address the following issues (1) client vs. non-client trades, and (2) the extent to which Defendants could and should have obtained and produced the recently-produced Mintbroker records at an earlier time. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Talmage, Mariel)
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Filing 106
RESPONSE to Motion re: #89 MOTION for Judgment . Sur-Reply In Support of Gentiles Opposition to Plaintiffs' Memo and Reply. Document filed by Guy Gentile..(Ford, Adam)
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Filing 105
MEMO ENDORSEMENT on re: (113 in 1:18-cv-07291-VSB-RWL) Letter filed by Guy Gentile, (103 in 1:18-cv-08896-VSB-RWL) Letter filed by Guy Gentile. ENDORSEMENT: Defendant's request to file a short sur-reply is granted. The sur-reply shall be no longer than 5 pages (double-spaced) and shall be filed by July 6, 2022. The Court plans to schedule a hearing and a conference in advance to discuss the hearing. SO ORDERED. (Surreplies due by 7/6/2022.) (Signed by Magistrate Judge Robert W. Lehrburger on 6/28/2022) (mml)
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Filing 104
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated June 27, 2022 re: Opposition to Defendants' Request to File Sur-Reply. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 103
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford dated June 23, 2022 re: Permission to File Sur-Reply. Document filed by Guy Gentile..(Ford, Adam)
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Filing 102
REPLY MEMORANDUM OF LAW in Support re: #89 MOTION for Judgment . . Document filed by New Concept Energy, Inc.. (Attachments: #1 Exhibit Ex 1 - Gentile Dep. Tr., #2 Exhibit Ex 2 - 4.23.2020 Conf Tr., #3 Exhibit Ex 3 - Investopedia definition, #4 Exhibit Ex 4 - Stip Correspondence, #5 Exhibit Ex 5 - RFA Responses, #6 Exhibit Ex 6 - Bahamas letter).(Tauber, Miriam)
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Filing 101
ORDER granting #100 Letter Motion for Extension of Time to File Response/Reply re #100 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Judgment ., Discovery Hearing addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated June 20, 2022. SO ORDERED. Replies due by 6/22/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 6/21/2022) (ate)
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Filing 100
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Judgment ., Discovery Hearing addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated June 20, 2022. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 6/6/2022 at 2:00 p.m. (rsh)
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Filing 99
AMENDED MEMORANDUM OF LAW in Support re: #89 MOTION for Judgment . Filed solely to correct a typographical error appearing in Plaintiff's brief at Dkt 90. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 98
ORDER denying #97 Letter Motion to Adjourn Conference. (Signed by Magistrate Judge Robert W. Lehrburger on 6/4/2022) (rsh)
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Filing 97
LETTER MOTION to Adjourn Conference pending subimssion of Plaintiffs' Reply Brief addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated June 3, 2022. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 96
MEMORANDUM OF LAW in Opposition re: #89 MOTION for Judgment . . Document filed by Guy Gentile. (Attachments: #1 Exhibit Affidavit of Guy Gentile, #2 Exhibit Affidavit of Michael Miller, #3 Exhibit Affidavit of Antonio Collie, #4 Exhibit Affidavit of Stephen Darville, #5 Exhibit Affidavit of Robert Christian, #6 Exhibit Report by Robert Christian, #7 Exhibit Report by Beresford, #8 Exhibit Deposition Transcript of Guy Gentile, #9 Exhibit Affidavit of Joseph Ely).(Ford, Adam)
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Filing 95
NOTICE OF APPEARANCE by Matthew Aaron Ford on behalf of Guy Gentile, MintBroker International, Ltd...(Ford, Matthew)
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Filing 94
NOTICE of Hearing: Discovery Hearing set for 6/6/2022 at 2:00 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via telephone. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
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Filing 93
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated May 25, 2022 re: #92 LETTER MOTION for Discovery leave to introduce newly obtained evidence, to extend the briefing schedule, and to request a plenary hearing addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile) dated Ma . Document filed by New Concept Energy, Inc.. (Attachments: #1 Exhibit Transcript of Conference, 1-22-2020, #2 Exhibit Gentile Deposition Excerpt).(Tauber, Miriam)
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Filing 92
LETTER MOTION for Discovery leave to introduce newly obtained evidence, to extend the briefing schedule, and to request a plenary hearing addressed to Magistrate Judge Robert W. Lehrburger from Adam C. Ford (attorney for Guy Gentile) dated May 20, 2022. Document filed by Guy Gentile. (Attachments: #1 Affidavit of Edward Cooper, #2 Affidavit of Guy Gentile, #3 Affidavit of Michael C. Miller, #4 Affidavit of Stephen Darville, #5 Affidavit of Joseph Leo Ely III, #6 Affidavit of Antonio S. Collie, #7 Affidavit of Robert Christian).(Ford, Adam)
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Filing 91
AFFIRMATION of David Lopez (Attorney for Plaintiff) in Support re: #89 MOTION for Judgment .. Document filed by New Concept Energy, Inc.. (Attachments: #1 Exhibit 1 - SEC Filings Excerpt, #2 Exhibit 2 - PreJudgment Interest Calculation).(Tauber, Miriam)
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Filing 90
MEMORANDUM OF LAW in Support re: #89 MOTION for Judgment . . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 89
MOTION for Judgment . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 88
ORDER: This matter has been referred to me for inquest on damages following grant of summary judgment to Plaintiffs. Accordingly, by May 9, 2022, Plaintiff shall file a brief and affidavit support setting forth the damages claimed and the legal and factual bases for that determination. By May 30, 2022, Defendants shall file a response, if any. By June 13, 2022, Plaintiff may file a reply, if any. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 4/8/2022) (mml)
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Filing 87
AMENDED ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Vernon S. Broderick on 4/8/2022) (kv)
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Filing 86
OPINION AND ORDER re: #64 MOTION for Summary Judgment . filed by Guy Gentile, MintBroker International, Ltd., #68 MOTION for Summary Judgment . filed by New Concept Energy, Inc.. Therefore, Defendants are strictly liable under 16(b). As the parties still dispute the amount of profits Defendants earned, including the exact period of time that Defendants were more-than-10% beneficial owners, as well as the calculation of damages, I will refer this case to Judge Lehrburger for an inquest on damages. For reasons above, Plaintiff Avalon's motion for summary judgment is hereby GRANTED. Plaintiff New Concept's motion for summary judgment is also GRANTED. Defendants' cross-motions for summary judgment are DENIED. The Clerk of Court is respectfully direct to close all open motions in the two cases. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/8/2022) (kv)
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Set/Reset Deadlines: Brief due by 5/9/2022. Reply to Response to Brief due by 6/13/2022. Responses to Brief due by 5/30/2022. (mml)
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Filing 85
LETTER addressed to Judge Vernon S. Broderick from Miriam Tauber (Attorney for Plaintiff) dated October 21, 2021 re: Status Reminder re: Pending Motions for Summary Judgment. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 84
REPLY MEMORANDUM OF LAW in Support re: #68 MOTION for Summary Judgment . . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 83
REPLY MEMORANDUM OF LAW in Support re: #64 MOTION for Summary Judgment . . Document filed by Guy Gentile, MintBroker International, Ltd...(McLaughlin, Danielle)
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Filing 82
ORDER granting #81 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/25/2020) (mml)
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Filing 81
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #64 MOTION for Summary Judgment . Request for acceptance of opp. filed w/in 1 hour of deadline addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated September 24, 2020. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 80
COUNTER STATEMENT TO #66 Rule 56.1 Statement. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 79
MEMORANDUM OF LAW in Opposition re: #64 MOTION for Summary Judgment . . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 78
DECLARATION of Danielle McLaughlin in Opposition re: #68 MOTION for Summary Judgment .. Document filed by Guy Gentile. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(McLaughlin, Danielle)
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Filing 77
RULE 56.1 STATEMENT. Document filed by Guy Gentile..(McLaughlin, Danielle)
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Filing 76
MEMORANDUM OF LAW in Opposition re: #68 MOTION for Summary Judgment . . Document filed by Guy Gentile..(McLaughlin, Danielle)
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Filing 75
ORDER granting #74 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Responses due by 9/23/2020 Replies due by 10/5/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 9/21/2020) (mml)
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Filing 74
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #73 Memo Endorsement, Set Deadlines,, addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated September 20, 2020. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 73
MEMO ENDORSEMENT on re: (79 in 1:18-cv-07291-VSB-RWL) Letter filed by Guy Gentile, MintBroker International, Ltd., (72 in 1:18-cv-08896-VSB-RWL) Letter filed by Guy Gentile, MintBroker International, Ltd.. ENDORSEMENT: SO ORDERED. ( Responses due by 9/21/2020, Replies due by 10/1/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 9/15/2020) (kv)
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Filing 72
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Danielle McLaughlin dated September 15, 2020 re: Extension of Deadlines. Document filed by Guy Gentile, MintBroker International, Ltd...(McLaughlin, Danielle)
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Filing 71
MEMORANDUM OF LAW in Support re: #68 MOTION for Summary Judgment . . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 70
RULE 56.1 STATEMENT. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 69
AFFIDAVIT of Miriam Tauber (Attorney for Plaintiff) in Support re: #68 MOTION for Summary Judgment .. Document filed by New Concept Energy, Inc.. (Attachments: #1 Exhibit Ex A - Gentile Dep Tr, #2 Exhibit Ex B - NC Stipulation, #3 Exhibit Ex C - Interactive Dep Tr, #4 Exhibit Ex D - UL NC Account, #5 Exhibit Ex E - NC US Account, #6 Exhibit Ex F - 13D Gentile Ex 1, #7 Exhibit Ex G - Bates Gentile Ex 3, #8 Exhibit Ex H - GBR Transactions, #9 Exhibit Ex I - GBR data, #10 Exhibit Ex J - Ricco - Gentile Paper, #11 Exhibit Ex K - Close Out Email Gentile Exhibit 13, #12 Exhibit Ex L - Deltec Bank Exhibit 14 Gentile, #13 Exhibit Ex M - GBR Interactive Calcs, #14 Exhibit Ex N -Tribune Article Exhibit, #15 Exhibit Ex O - Reg SHO Text, #16 Exhibit Ex P - SEC Reg Sho Points).(Tauber, Miriam)
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Filing 68
MOTION for Summary Judgment . Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 67
DECLARATION of Danielle McLaughlin in Support re: #64 MOTION for Summary Judgment .. Document filed by Guy Gentile, MintBroker International, Ltd.. (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, #9 Exhibit 9-1, #10 Exhibit 9-2, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29).(McLaughlin, Danielle)
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Filing 66
RULE 56.1 STATEMENT. Document filed by Guy Gentile, MintBroker International, Ltd...(McLaughlin, Danielle)
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Filing 65
MEMORANDUM OF LAW in Support re: #64 MOTION for Summary Judgment . . Document filed by Guy Gentile, MintBroker International, Ltd...(McLaughlin, Danielle)
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Filing 64
MOTION for Summary Judgment . Document filed by Guy Gentile, MintBroker International, Ltd...(McLaughlin, Danielle)
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Filing 63
ORDER granting #62 Letter Motion for Extension of Time. SO ORDERED. Motions due by 8/10/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 8/05/2020) (ama)
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Filing 62
FIRST LETTER MOTION for Extension of Time , Prospective Summary Judgment Briefing, addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated August 5, 2020. Document filed by New Concept Energy, Inc...(Lopez, David)
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Set/Reset Deadlines: Responses due by 9/17/2020 Replies due by 9/28/2020. (ama)
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Filing 61
MEMO ENDORSEMENT on re: (58 in 1:18-cv-08896-VSB-RWL) Letter filed by Guy Gentile, MintBroker International, Ltd., (65 in 1:18-cv-07291-VSB-RWL) Letter filed by Guy Gentile, MintBroker International, Ltd. ENDORSEMENT: SO ORDERED. (Motions due by 8/7/2020, Responses due by 9/14/2020, Replies due by 9/25/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 7/17/2020) (mml)
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Filing 60
MEMO ENDORSEMENT on re: (66 in 1:18-cv-07291-VSB-RWL) Letter filed by Avalon Holdings Corporation, (59 in 1:18-cv-08896-VSB-RWL) Letter filed by New Concept Energy, Inc. ENDORSEMENT: In light of this joint report, the Court believes it best to schedule a settlement conference to take place after summary judgment is fully briefed. The parties shall cooperate with my Courtroom Deputy to schedule a suitable date. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/16/2020) (mml)
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Filing 59
FIRST LETTER addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated July 16, 2020 re: Settlement Conference. Document filed by New Concept Energy, Inc...(Lopez, David)
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Filing 58
JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Danielle McLaughlin dated July 7, 2020 re: Briefing Schedule. Document filed by Guy Gentile, MintBroker International, Ltd...(McLaughlin, Danielle)
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Filing 57
ORDER granting #56 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. Discovery due by 6/29/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 6/17/2020) (mml)
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Filing 56
FIRST LETTER MOTION for Extension of Time to Complete Discovery On Behalf Of All Parties addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated June 17, 2020. Document filed by New Concept Energy, Inc...(Lopez, David)
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Filing 55
JOINT STIPULATION AS TO CERTAIN FACTS FOR PURPOSES OF SUMMARY JUDGMENT: Plaintiffs Avalon Holdings Corporation ("Avalon") and New Concept Energy, Inc. ("New Concept"), together with Defendants Guy Gentile ("Gentile") and Mintbroker International, Inc. ("Mintbroker"), hereby stipulate and agree as to the following facts: 1. Account #I1043365 was a proprietary trading account held by MintBroker at Interactive Brokers ("Interactive") and it served as the "Master Account" for two proprietary subaccounts: (i)Account #UL1043811; and (ii) Account #US1043812 (the "Trading Accounts"), and as further set forth in this stipulation. (Signed by Magistrate Judge Robert W. Lehrburger on 5/14/2020) (jwh)
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Filing 54
PROPOSED STIPULATION AND ORDER. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/6/2020) (mml)
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Filing 52
JOINT LETTER MOTION for Extension of Time to File Stipulation re payments/receipts from MintBroker trades (as ordered by the Court) addressed to Magistrate Judge Robert W. Lehrburger from Miriam Tauber (Attorney for Plaintiffs) dated May 6, 2020. Document filed by New Concept Energy, Inc...(Tauber, Miriam)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 4/23/2020 at 10:00 a.m. (rsh)
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Filing 51
ORDER: For the reasons stated on the record during a telephonic conference held on April 23, 2020: 1. By May 1, 2020, Defendants shall serve amended responses to Plaintiffs' First and Second Interrogatories. 2. By May 1, 2020, each party shall produce to the other any discovery they have received from third-parties but have not yet produced. Plaintiffs' request to share out-of-pocket costs for third-party discovery is denied without prejudice. 3. By May 6, 2020, Defendants shall provide to Plaintiffs a proposed stipulation concerning payments/receipts for transactions involving Defendant MintBroker during the relevant time period. 4. Defendants' request for a stay of discovery is denied. 5. The deadline for completion of fact discovery to June 22, 2020. Subsequent dates are extended commensurately. 6. In light of the COVID-19 pandemic, the parties are strongly encouraged to conduct depositions remotely. SO ORDERED. ( Fact Discovery due by 6/22/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 4/23/2020) (va)
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Filing 50
ORDER granting #40 Letter Motion for Conference; granting #48 Letter Motion for Conference. The Court hereby schedules a telephonic conference in the above-captioned cases to take place on April 23, 2020 at 10:00 a.m. The parties shall call the teleconference line at (888) 398-2342 and enter pass code 9543348. SO ORDERED. Telephone Conference set for 4/23/2020 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 4/16/2020) (mml)
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Filing 49
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Danielle McLaughlin dated April 15, 2020 re: #48 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated April 12, 2020. . Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit Exhibit 1 to April Letter Response, #2 Exhibit Exhibit 2 to April Letter Response).(McLaughlin, Danielle)
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Filing 48
LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated April 12, 2020. Document filed by New Concept Energy, Inc...(Lopez, David)
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***DELETED DOCUMENT. Deleted document number #48 Letter Motion. The document was incorrectly filed in this case. Achillion Pharmaceuticals, Inc. Letter dated 11/27/2013. (db)
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Filing 47
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Robert W. Lehrburger on 2/11/2020) (mml)
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Filing 46
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...STIPULATED PROTECTIVE ORDERWHEREAS, the Parties having agreed to the following terms governing designation, storage, use, and protection of confidential and highly confidential information and documents, and the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality order ("Order") pursuant to Rule 26( c) of the Federal Rules of Civil Procedure, it is hereby ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties, as well as all information and documents provided by non-parties, including but not limited to Choe Global Markets, Inc. ("Choe"), in either or both of Avalon Holdings Corp. v. Guy Gentile and Min/broker International, Ltd., Case No. 18-cv-7291 (VSB) and New Concept Energy, Inc. v. Guy Gentne and Mintbroker International, Ltd., Case No.18-cv-8896 (VSB) (the "Related Cases") in connection with the pre-trial phase of the Related Cases: This Order shall apply to all items or information, regardless of the medium or manner generated, stored, or maintained, including, among other things, documents, testimony, transcripts, depositions and deposition exhibits, electronically stored information ("ESI"), tangible things, and/or other information produced, given, exchanged by, or obtained by a party from any other party or any non-party during discovery in the Related Cases. "Highly Confidential Information" means information or documents that the producing party reasonably and in good faith believes contain, reflect, or constitute (i) highly sensitive information, such as current trade secrets or trading activity patterns, or other information the unauthorized disclosure of which would result in imminent competitive, commercial, or financial harm to the producing party or its personnel, clients, or customers; or (ii) material that a producing party believes in good faith would not otherwise be adequately protected under the procedures set forth herein for Confidential Information. The parties shall meet and confer before production of any document or information requiring a designation of "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY." Any disputes regarding the designation of "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" that cannot be resolved by the parties' good faith efforts to meet and confer will be resolved by judicial determination. The Parties agree and stipulate that Cboe, notwithstanding its status as a non-party, shall have the right to the protections of this Stipulation and Order and to enforce the provisions contained herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/11/2020) (rj)
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Filing 45
PROPOSED PROTECTIVE ORDER. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 44
ORDER terminating #43 Letter Motion for Conference. The Court is in receipt of Plaintiff counsels letter dated January 24, 2020 in both of the above-captioned actions regarding a docket entry issued in New Concept Energy, Inc. v. Gentile, et al., No. 18-cv-8896 setting deadlines for submission of amended pleadings and the joinder of parties, if any. (Dkt. 43 (New Concept Energy, Inc.), 51 (Avalon Holdings Corp.).) While counsel is correct that the January 22, 2020 conference before this Court did not reset any deadlines set in these matters, counsel is mistaken that the deadlines "amended" by this docket entry have "long since passed." (Id.) Pursuant to the case management plan and scheduling order entered by Judge Broderick on January 2, 2020 in each of the above-captioned actions, the deadlines for submission of amended pleadings and the joinder of parties are, in fact, February 20, 2020. (Dkt. 34 (New Concept Energy, Inc.), 47 (Avalon Holdings, Corp.).) If counsel for either party in either action believes this deadline to be an error, counsel may submit a letter to the Court explaining its basis for that position for the Court's consideration. The Clerk is respectfully directed to terminate Dkt. 43 in New Concept Energy, Inc. v. Gentile, No. 18-cv-8896 and Dkt. 51 in Avalon Holdings Corp. v. Gentile, et al., No. 18-cv-7291. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/27/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 43
FIRST LETTER MOTION for Conference (Correct Docket Entry) addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated January 24, 2020. Document filed by New Concept Energy, Inc..(Lopez, David)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 1/22/2020 at 2:30 p.m. (rsh)
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Filing 42
SCHEDULING ORDER: Status Conference set for 1/22/2020 at 2:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 1/9/2020) (rsh)
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Filing 41
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Danielle McLaughlin dated January 8, 2020 re: #40 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated January 3, 2020. . Document filed by Guy Gentile, MintBroker International, Ltd.. (McLaughlin, Danielle)
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Filing 40
LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from David Lopez dated January 3, 2020. Document filed by New Concept Energy, Inc..(Lopez, David)
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Set/Reset Deadlines: Amended Pleadings due by 2/20/2020. Joinder of Parties due by 2/20/2020. (rro)
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Filing 39
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 4/20/2020. Deposition due by 4/20/2020. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by 6/22/2020. Discovery due by 6/22/2020. Status Conference set for 7/17/2020 at 10:30 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 3 days. (Signed by Judge Vernon S. Broderick on 1/2/2020) (rro)
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Filing 38
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Motions terminated: (45 in 1:18-cv-07291-VSB) LETTER MOTION for Discovery (Modification of Order of Reference) addressed to Judge Vernon S. Broderick from David Lopez, Esq. dated December 22, 2019. filed by Avalon Holdings Corporation, (37 in 1:18-cv-08896-VSB) FIRST LETTER MOTION for Discovery (Modification of Order of Reference) addressed to Judge Vernon S. Broderick from David Lopez, Esq. dated December 22, 2019. filed by New Concept Energy, Inc.) (Signed by Judge Vernon S. Broderick on 12/30/2019) (rro)
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Filing 37
FIRST LETTER MOTION for Discovery (Modification of Order of Reference) addressed to Judge Vernon S. Broderick from David Lopez, Esq. dated December 22, 2019. Document filed by New Concept Energy, Inc..(Lopez, David)
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Minute Entry for proceedings held before Judge Vernon S. Broderick: Initial Pretrial Conference held on 12/20/2019. (msa)
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Filing 36
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Vernon S. Broderick on 12/20/2019) (rro)
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Filing 35
NOTICE OF APPEARANCE by Danielle M. McLaughlin on behalf of Guy Gentile, MintBroker International, Ltd.. (McLaughlin, Danielle)
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Filing 34
PROPOSED CASE MANAGEMENT PLAN. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 33
JOINT LETTER addressed to Judge Vernon S. Broderick from Miriam Tauber (Attorney for Plaintiffs); Danielle McLaughlin (Attorney for Defendants) dated December 16, 2019 re: Joint IPTC Letter. Document filed by New Concept Energy, Inc..(Tauber, Miriam)
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Filing 32
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 12/20/2019 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 12/13/2019) (rro)
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Filing 31
PROPOSED SCHEDULING ORDER. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 30
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by New Concept Energy, Inc..(Tauber, Miriam)
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Filing 29
ANSWER to #7 Complaint,. Document filed by Guy Gentile, MintBroker International, Ltd..(Ford, Adam)
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Filing 28
OPINION & ORDER re: (20 in 1:18-cv-08896-VSB) MOTION to Dismiss filed by Guy Gentile, MintBroker International, Ltd., (27 in 1:18-cv-07291-VSB) MOTION to Dismiss filed by Guy Gentile, MintBroker International, Ltd. For the foregoing reasons, Defendants' motion to dismiss Plaintiffs' Complaints pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6) is DENIED. The Clerk of Court is respectfully directed to terminate the motion pending at Document 27 (Case No. 18-cv-7291) and Document 20 (Case No. 18-cv-8896). SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/24/2019) (rro)
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Filing 27
LETTER addressed to Judge Vernon S. Broderick from Miriam Tauber (Attorney for Plaintiff) dated September 16, 2019 re: Pending Motions to Transfer Venue and/or Dismiss. Document filed by New Concept Energy, Inc..(Tauber, Miriam)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss ., #15 MOTION to Dismiss . . Document filed by Guy Gentile, MintBroker International, Ltd.. (Ford, Adam)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss ., #15 MOTION to Dismiss . . Document filed by New Concept Energy, Inc.. (Attachments: #1 Appendix Annex I, #2 Appendix Annex II-Rubenstein v Live Nation order)(Tauber, Miriam)
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Filing 24
NOTICE OF APPEARANCE by Robert Seabrook Landy on behalf of Guy Gentile, MintBroker International, Ltd.. (Landy, Robert)
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Filing 23
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Guy Gentile, MintBroker International, Ltd..(Ford, Adam)
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Filing 22
DECLARATION of Adam C. Ford in Support re: #20 MOTION to Dismiss .. Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit Guy Gentile, #7 Affidavit Mintbroker)(Ford, Adam)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Guy Gentile, MintBroker International, Ltd.. (Ford, Adam)
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Filing 20
MOTION to Dismiss . Document filed by Guy Gentile, MintBroker International, Ltd..(Ford, Adam)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam C. Ford to RE-FILE Document #15 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion, Declaration in Support of Motion, and Memorandum of Law in Support of Motion are all found under the event list Replies, Opposition and Supporting Documents. Rule 7.1 Corporate Disclosure Statement is found under the event list Other Documents. (ldi)
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Filing 19
ORDER denying #17 FIRST LETTER MOTION for Discovery Limited to Venue Issues Raised by Defendants' Motion to Dismiss addressed to Judge Vernon S. Broderick from David Lopez (Attorney for Plaintiff New Concept Energy, Inc.) dated 12/31/2018. FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss. Pending Plaintiff's Inspection of Venue Discovery (** Note, Document Refiled to Correct Clerical Error) addressed to Judge Vernon S. Broderick from David Lopez (Attorney for Plaintiff New Concept Energy, Inc.) dated 12/31/2018. Document filed by New Concept Energy, Inc. I am in receipt of Plaintiffs' letter requesting leave to conduct limited discovery on the question of whether venue is proper in this District, (Doc. 24), as well as Defendants' opposition thereto, (Doc. 25). Plaintiffs' discovery request is DENIED and I intend to rule on that aspect of Defendants' motion to dismiss Plaintiffs' complaint, (Doc. 22), on the basis of the parties' papers. Plaintiffs are instructed to submit their opposition to Defendants' pending motion to dismiss on or before January 29, 2019. Defendants shall file their reply and any accompanying affidavits on or before February 12, 2019. So ordered. (Signed by Judge Vernon S. Broderick on 1/9/2019) (rjm)
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Set/Reset Deadlines: Responses due by 1/29/2019. Replies due by 2/12/2019. (rjm)
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Filing 18
LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Adam C. Ford dated 01/08/2019 . Document filed by Guy Gentile, MintBroker International, Ltd.. (Ford, Adam)
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Filing 17
FIRST LETTER MOTION for Discovery Limited to Venue Issues Raised by Defendants' Motion to Dismiss addressed to Judge Vernon S. Broderick from David Lopez (Attorney for Plaintiff New Concept Energy, Inc.) dated 12/31/2018., FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss . Pending Plaintiff's Inspection of Venue Discovery (** Note, Document Refiled to Correct Clerical Error) addressed to Judge Vernon S. Broderick from David Lopez (Attorney for Plaintiff New Concept Energy, Inc.) dated 12/31/2018. Document filed by New Concept Energy, Inc..(Tauber, Miriam)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #17 Letter Motion) - FIRST LETTER MOTION for Discovery Limited to Venue Issues Raised by Defendants' Motion to Dismiss addressed to Judge Vernon S. Broderick from David Lopez dated December 31, 2018., FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss . Pending Plaintiff's Inspection of Venue Discovery addressed to Judge Vernon S. Broderick from David Lopez dated December 31, 2018.( Return Date set for 2/11/2019 at 11:59 PM.) Document filed by New Concept Energy, Inc..(Tauber, Miriam) Modified on 1/4/2019 (db).
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Guy Gentile, MintBroker International, Ltd.. (Attachments: #1 Adam Ford Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Affidavit Guy Gentile, #8 Affidavit MintBroker Affidavit, #9 Memorandum of Law)(Ford, Adam) Modified on 1/18/2019 (ldi).
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CASE ACCEPTED AS RELATED. Create association to 1:18-cv-07291-VSB. Notice of Assignment to follow. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (wb)
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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. (wb)
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Filing 14
ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Guy Gentile served on 10/5/2018, answer due 10/26/2018; MintBroker International, Ltd. served on 10/5/2018, answer due 10/26/2018. Service was accepted by Defendant Guy Gentile (individually and as owner of Defendant MintBroker International, Ltd.. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 13
PROPOSED STIPULATION AND ORDER. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Guy Gentile, MintBroker International, Ltd.. (pc)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Guy Gentile. (pc)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Guy Gentile, re: #7 Complaint,. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Guy Gentile; MintBroker International, Ltd., re: #7 Complaint,. Document filed by New Concept Energy, Inc.. (Tauber, Miriam)
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Filing 8
CIVIL COVER SHEET filed. (Tauber, Miriam)
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Filing 7
COMPLAINT against Guy Gentile, MintBroker International, Ltd.. Document filed by New Concept Energy, Inc.. (Attachments: #1 Exhibit Ex A - SEC Form 3, #2 Exhibit Ex B - New Concept Trading Prices, #3 Exhibit Ex C - SEC Form 4)(Tauber, Miriam)
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Case Designated ECF. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Miriam Deborah Tauber to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason: the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 18CV7291. (pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Miriam Deborah Tauber. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff); County code New York. The following corrections have been made to your case entry: the Jury Demand code has been modified to n (None); the County code has been modified to XX Out of State. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Miriam Deborah Tauber to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason: No Basis of Jurisdiction selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Miriam Deborah Tauber to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons,. The filing is deficient for the following reasons: No district court selection was made on the summons request PDF; incorrect case number entered on the summons request PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Filing 6
NOTICE OF APPEARANCE by David Lopez on behalf of New Concept Energy, Inc.. (Lopez, David)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Guy Gentile, re: #1 Complaint. Document filed by New Concept Energy, Inc.. (Tauber, Miriam) Modified on 10/1/2018 (pne).
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Guy Gentile; MintBroker International, Ltd., re: #1 Complaint. Document filed by New Concept Energy, Inc.. (Tauber, Miriam) Modified on 10/1/2018 (pne).
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-7291. Document filed by New Concept Energy, Inc..(Tauber, Miriam)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Tauber, Miriam) Modified on 10/1/2018 (pne).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Guy Gentile, MintBroker International, Ltd.. (Filing Fee $ 400.00, Receipt Number 0208-15631027)Document filed by New Concept Energy, Inc..(Tauber, Miriam) Modified on 10/1/2018 (pne).
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