SKAT v. SRH Farms LLC 401(K) Plan et al
Plaintiff: SKAT
Defendant: Bluegrass Investment Management, LLC, SRH Farms LLC 401(K) Plan, Bernard Tew and George Hofmeister
Case Number: 1:2018cv09434
Filed: October 16, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis A Kaplan
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2018 Filing 47 PROPOSED STIPULATION AND ORDER. Document filed by SKAT. (Cave, Sarah)
December 7, 2018 Opinion or Order Filing 46 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED between the parties that the Defendants' deadline to respond to the Motion is extended to December 14, 2018, and Plaintiff's reply shall be filed by December 21, 2018. SO ORDERED. (Responses due by 12/14/2018. Replies due by 12/21/2018.) (Signed by Judge J. Paul Oetken, Part I on 12/7/2018) **Filed In All Member Cases: 1:18-md-02865-LAK et al.(anc)
December 5, 2018 Filing 45 PROPOSED STIPULATION AND ORDER. Document filed by SKAT. (Cave, Sarah)
November 30, 2018 Filing 44 DECLARATION of Sarah L. Cave in Support re: (27 in 1:18-cv-10136-LAK) MOTION for Discovery /Motion for Issuance of a Request for International Judicial Assistance to Obtain Evidence in Denmark.. Document filed by SKAT. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)Filed In Associated Cases: 1:18-md-02865-LAK et al.(Cave, Sarah)
November 30, 2018 Filing 43 MEMORANDUM OF LAW in Support re: (27 in 1:18-cv-10136-LAK) MOTION for Discovery /Motion for Issuance of a Request for International Judicial Assistance to Obtain Evidence in Denmark. . Document filed by SKAT. Filed In Associated Cases: 1:18-md-02865-LAK et al.(Cave, Sarah)
November 30, 2018 Filing 42 MOTION for Discovery /Motion for Issuance of a Request for International Judicial Assistance to Obtain Evidence in Denmark. Document filed by SKAT.Filed In Associated Cases: 1:18-md-02865-LAK et al.(Cave, Sarah)
November 20, 2018 Opinion or Order Filing 41 PRETRIAL ORDER NO. 6. The Court having conducted a Rule 16 conference with counsel, it is hereby ORDERED, as follows: 1. The application of Mark D. Allison, Esq., of the firm of Caplin & Diysdale for appointment as Lead Counsel for defendants [DI 6] is granted. 2. The parties shall confer with respect to the role of Lead Counsel for defendants and all other matters relating to the just, speedy and inexpensive conduct of the litigation, including among other things, the management and coordination of discovery and of motion practice. Lead Counsel shall file its proposed order with respect to these matters on or before December 18, 2018. Any response to that proposal shall be filed on or before January 11, 2019. The Court shall conduct a conference on these matters on January 24, 2019 at 9:30 a.m. 3. The dates set forth in paragraphs 6.1, 6.2 and 6.4 of Pretrial Order No. 4 are adjourned sine die. 4. Lead Counsel shall consult with the Clerk of Court to ensure that all individual actions with this multidistrict litigation are related to this master docket number 18-md-2865 for electronic filing purposes. SO ORDERED. (Status Conference set for 1/24/2019 at 09:30 AM before Judge Lewis A. Kaplan.) Deadlines Terminated*** The following deadline(s) was terminated: Amended Pleadings Deadline, Joinder of Parties Deadline, Deposition Deadline, Discovery Deadline. (Signed by Judge Lewis A. Kaplan on 11/20/2018) Filed In Associated Cases: 1:18-md-02865-LAK et al, as per Chambers. (rjm).
November 20, 2018 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 11/20/2018 re: (8 in 1:18-md-02865-LAK) MOTION to Approve Alternative Service . filed by SKAT. See written order issued 11/20/2018. (Court Reporter Eve Giniger) Associated Cases: 1:18-md-02865-LAK et al.(Mohan, Andrew)
November 1, 2018 Opinion or Order Filing 40 PRETRIAL ORDER NO.5: As counsel previously were notified, the oral argument on the motion to dismiss [DI 34 in 18-CV-4047(LAK)] will be heard on Monday, 11/5/2018 at 2:00 PM. SO ORDERED. (Oral Argument set for 11/5/2018 at 02:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 11/1/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:18-md-02865-LAK et al.(anc)
October 31, 2018 Filing 39 LETTER MOTION to Seal Document addressed to Judge Lewis A. Kaplan from Sarah L. Cave dated 10/31/2018. Document filed by SKAT. (Attachments: #1 Affidavit Declaration of Morten Niels Jakobsen)Filed In Associated Cases: 1:18-md-02865-LAK et al.(Cave, Sarah)
October 24, 2018 Filing 38 LETTER addressed to Judge Lewis A. Kaplan from Mark D. Allison dated 10/24/2018 re: Application for appointment of Lead Counsel. Document filed by Roger Lehman, The 78 Yorktown Pension Plan, Gavin Crescenzo, The Stark Pension Plan, The Costello Advisors Pension Plan, The Westridge Ave LLC 401K Plan, Doston Bradley, The Atlantic DHR 401K Plan, CSCC Capital Pension Plan, The Hotel Fromance Pension Plan, The Houston Rocco LLC 401K Plan, The Kyber Pension Plan, Sanford Villa Pension Plan, The Lerici Capital Pension Plan, The SKSL LLC Pension Plan, NYCATX LLC Solo 401K Plan, Carl Andrew Vergari, The LBR Capital Pension Plan, The Diamond Scott Capital Pension Plan, The Westport Advisors LLC 401K Plan, Ackview Solo 401K Plan, Sean Driscoll, The Busby Black 401K Plan, The ISDB Pension Plan, Thomas Kertelits, The TKKJ LLC 401K Plan, Svetlin Petkov, The Petkov Management LLC 401K Plan, Michael Ben-Jacob, The Stor Capital Consulting LLC 401K Plan, The NYC Stanismore Pension Plan, The Proper Pacific LLC 401K Plan, The Aston Advisors LLC 401K Plan, The Cambridge Town Line Pension Plan, The Shapiro Blue Management LLC 401K Plan, Mitchell Protass, The MPQ Holdings LLC 401K Plan, The Patrick Partners Conglomerate Pension Plan, The M2F Wellness LLC 401K Plan, The Aria Pension Plan, The Kodiak Capital Pension Plan, The Belforte Pension Plan, The Bradley London Pension Plan, The Bravos Advisors 401K Plan, The Canada Rock LLC 401K Plan, The DMR Pension Plan, The Dosmon Bly Pension Plan, The Eskin Pension Plan, The Fieldcrest Pension Plan, The India Bombay LLC 401K Pension Plan, The KASV Group Pension Plan, The Krabi Holdings LLC 401K Plan, The Ludlow Holdings 401K Plan, The Monin Amper Pension Plan, The Mountain Air LLC 401K Plan, The Petkov Partners Pension Plan, The Regoleth Pension Plan, The SPKK LLC 401K Plan, The SVP 401K Plan, The Saba Capital LLC 401K Plan, The Sector 230 LLC 401K Plan, The Snow Hill Pension Plan, The Texas Rocco LLC 401K Plan, The West River Pension Plan. (Attachments: #1 Appendix A. List of Cases, #2 Appendix B. Public Profiles)Filed In Associated Cases: 1:18-md-02865-LAK et al.(Allison, Mark)
October 23, 2018 Filing 37 ANSWER to #1 Complaint. Document filed by Bluegrass Investment Management, LLC, Bernard Tew.(Hyland, Mark)
October 16, 2018 Filing 36 MDL TRANSFERRED IN from the United States District Court - District of Kentucky Eastern; Case Number: 5:18-cv-00395. Original file certified copy of transfer order and docket entries received. (sjo)
October 16, 2018 CONSOLIDATED MDL CASE: Create association to 1:18-md-02865-LAK. (sjo)
October 16, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-md-02865-LAK. (sjo)
October 16, 2018 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo)
October 16, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo)
October 16, 2018 Case Designated ECF. (sjo)
October 16, 2018 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
October 3, 2018 Filing 35 CERTIFIED TRANSFER ORDER received from Southern District of New York re: Case Transfer to the MDL Panel pursuant to Transfer Order filed in MDL Case Number 2865. (SKV) cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
October 3, 2018 Filing 34 INFORMATION COPY OF TRANSFER ORDER: MDL No. 2865 to Southern District of New York.(SKV)cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
September 5, 2018 Filing 33 ANSWER to #1 Complaint by George Hofmeister.(O'Toole, James) [Transferred from Kentucky Eastern on 10/16/2018.]
August 29, 2018 BAR STATUS Check completed as to Thomas Ross Hooper, Mark J. Hyland re #30 MOTION for Reconsideration re 29 Order on Motion to Appear Pro Hac Vice, by Bluegrass Investment Management, LLC, Bernard Tew, #28 MOTION for Mark Hyland to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew, #31 MOTION for Reconsideration re 29 Order on Motion to Appear Pro Hac Vice, by Bluegrass Investment Management, LLC, Bernard Tew, #27 MOTION for Ross Hooper to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew (STC) [Transferred from Kentucky Eastern on 10/16/2018.]
August 28, 2018 Opinion or Order Filing 32 VIRTUAL ORDER: granting #30 Motion for Reconsideration re 29 Order on Motion for Ross Hooper to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew, #31 MOTION for Reconsideration re 29 Order on Motion for Mark Hyland to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew. The PHV motions previously filed are GRANTED. Signed by Judge Danny C. Reeves on 8/28/2018. (STC)cc: COR w/ copy of Mandatory ECF General order and ECF Registration form to R. Hooper, M. Hyland [Transferred from Kentucky Eastern on 10/16/2018.]
August 28, 2018 Filing 31 MOTION for Reconsideration re 29 Order on Motion to Appear Pro Hac Vice,,, by Bluegrass Investment Management, LLC, Bernard Tew (Attachments: #1 Exhibit Hyland Pro Hac Vice Motion, #2 Affidavit Mark Hyland, #3 Exhibit Hyland Certificate of Good Standing, #4 Proposed Order)(Pollom, John) [Transferred from Kentucky Eastern on 10/16/2018.]
August 28, 2018 Filing 30 MOTION for Reconsideration re 29 Order on Motion to Appear Pro Hac Vice,,, by Bluegrass Investment Management, LLC, Bernard Tew (Attachments: #1 Exhibit Hooper Pro Hac Vice Motion, #2 Affidavit Ross Hooper, #3 Exhibit Hooper Certificate of Good Standing, #4 Proposed Order)(Pollom, John) [Transferred from Kentucky Eastern on 10/16/2018.]
August 28, 2018 Opinion or Order Filing 29 VIRTUAL ORDER: denying #28 Motion for Mark Hyland to Appear Pro Hac Vice; denying #27 Motion for Ross Hooper to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew. The motions are denied for failure to comply with Local Rule 83.2(a)(1). Signed by Judge Danny C. Reeves on 8/28/2018. (STC)cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
August 28, 2018 Filing 28 MOTION for Mark Hyland to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew ( Filing fee $125; receipt number 0643-4154812) (Attachments: #1 Affidavit Mark Hyland, #2 Proposed Order)(Pollom, John) [Transferred from Kentucky Eastern on 10/16/2018.]
August 28, 2018 Filing 27 MOTION for Ross Hooper to Appear Pro Hac Vice by Bluegrass Investment Management, LLC, Bernard Tew ( Filing fee $125; receipt number 0643-4154789) (Attachments: #1 Affidavit Ross Hooper, #2 Proposed Order)(Pollom, John) [Transferred from Kentucky Eastern on 10/16/2018.]
August 24, 2018 Filing 26 FRCP 7.1 DISCLOSURE STATEMENTof Defendant Bluegrass Investment Management, LLC by Bluegrass Investment Management, LLC, Bernard Tew. (Pollom, John) [Transferred from Kentucky Eastern on 10/16/2018.]
August 22, 2018 Opinion or Order Filing 25 ORDER: 1. The parties' joint motion for entry of a modified briefing schedule #24 is GRANTED. 2. Defendants Bluegrass Investment Management, LLC and Bernard Tew shall Answer or otherwise respond to the Complaint on or before October 9, 2018. Plaintiff's response to any motion to dismiss is due on or before November 15, 2018. Any reply from the defendants is due on or before December 14, 2018. Signed by Judge Danny C. Reeves on 8/22/2018.(STC)cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
August 22, 2018 Filing 24 JOINT MOTION for Order by SKAT for Briefing Schedule on Certain Defendants' Motion to Dismiss (Attachments: #1 Proposed Order Proposed Order)(Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
August 21, 2018 Filing 23 NOTICE of Appearance by John W. Pollom on behalf of Bluegrass Investment Management, LLC, Bernard Tew (Pollom, John) [Transferred from Kentucky Eastern on 10/16/2018.]
August 17, 2018 Filing 22 WAIVER OF SERVICE Returned Executed by SKAT. Bluegrass Investment Management, LLC waiver sent on 8/9/2018, answer due 10/9/2018. (Cave, Sarah) [Transferred from Kentucky Eastern on 10/16/2018.]
August 17, 2018 Filing 21 WAIVER OF SERVICE Returned Executed by SKAT. Bernard Tew waiver sent on 8/9/2018, answer due 10/9/2018. (Cave, Sarah) [Transferred from Kentucky Eastern on 10/16/2018.]
August 15, 2018 Filing 20 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by SRH Farms LLC 401(K) Plan re #18 Notice of Deficiency re: Rule 7.1 Disclosures, (O'Toole, James) Modified on 8/16/2018 (STC). [Transferred from Kentucky Eastern on 10/16/2018.]
August 15, 2018 Filing 19 ANSWER to #1 Complaint by SRH Farms LLC 401(K) Plan.(O'Toole, James) [Transferred from Kentucky Eastern on 10/16/2018.]
August 15, 2018 Filing 18 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, James O'Toole. #17 Answer to Complaint has been filed by SRH Farms LLC 401(K) Plan without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (STC) [Transferred from Kentucky Eastern on 10/16/2018.]
August 14, 2018 Filing 17 FIRST ANSWER to #1 Complaint by SRH Farms LLC 401(K) Plan.(O'Toole, James) [Transferred from Kentucky Eastern on 10/16/2018.]
August 1, 2018 Opinion or Order Filing 16 VIRTUAL ORDER: DENYING WITH PREJUDICE #14 Proposed Agreed Order/ by SKAT. The parties are referred to the last order entered denying the identical relief being requested. Signed by Judge Danny C. Reeves on 8/1/2018. (JJ)cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
August 1, 2018 Filing 15 NOTICE OF FILING by SKAT (Attachments: #1 Exhibit 1 Motion for Consolidation and Transfer, #2 Exhibit 2 Memorandum of Law, #3 Exhibit 3 Declaration of Sarah Cave, #4 Exhibit 4 Cave Decl Ex 1, #5 Exhibit 5 Schedule of Actions, #6 Exhibit 6 Proof of Service)(Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
August 1, 2018 Filing 14 Proposed Agreed Order/Stipulation by SKAT. (Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
July 26, 2018 Opinion or Order Filing 13 ORDER: denying #12 Proposed Agreed Order. Signed by Judge Danny C. Reeves on 7/26/2018. (STC)cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
July 25, 2018 Filing 12 Proposed Agreed Order/Stipulation by SKAT. (Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
July 17, 2018 Opinion or Order Filing 11 VIRTUAL ORDER: granting #9 Motion to Appear Pro Hac Vicefor Sarah L. Cave to Appear Pro Hac Vice by SKAT. Signed by Judge Danny C. Reeves on 7/17/2018. (GLD)cc: COR, Sarah L. Cave via US Mail w copy of Mandatory ECF General Order & ECF Registration form [Transferred from Kentucky Eastern on 10/16/2018.]
July 17, 2018 Filing 10 WAIVER OF SERVICE Returned Executed by SKAT. SRH Farms LLC 401(K) Plan waiver sent on 7/10/2018, answer due 9/10/2018. (Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
July 17, 2018 Filing 9 MOTION for Sarah L. Cave to Appear Pro Hac Vice by SKAT ( Filing fee $125; receipt number 0643-4121517) (Attachments: #1 Affidavit Sarah L. Cave, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
July 17, 2018 BAR STATUS Check completed as to Sarah L. Cave re #9 MOTION for Sarah L. Cave to Appear Pro Hac Vice by SKAT ( Filing fee $125; receipt number 0643-4121517). (GLD) [Transferred from Kentucky Eastern on 10/16/2018.]
July 3, 2018 Filing 8 SUMMONS Returned Executed by SKAT via Process Server to George Hofmeister served on 6/26/2018, answer due 7/17/2018. (Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
June 27, 2018 Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by SKAT. (Davidson, Scott) [Transferred from Kentucky Eastern on 10/16/2018.]
June 16, 2018 Opinion or Order Filing 5 STANDING ORDER: 1. The Court finds matters filed by SKAT regarding an alleged fraudulent tax refund scheme involving 300 entities pretending to own shares in Danish companies are related; 2. Clerk DIRECTED to ASSIGN matters to Judge Reeves; 3) a copy of this order shall be filed in each appropriate case with notice to counsel of record. Signed by Judge Karen K. Caldwell on June 16, 2018.(SKV) cc: COR [Transferred from Kentucky Eastern on 10/16/2018.]
June 15, 2018 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Scott Davidson. #1 Complaint has been filed by SKAT without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) [Transferred from Kentucky Eastern on 10/16/2018.]
June 15, 2018 Conflict Check run. (CBD) [Transferred from Kentucky Eastern on 10/16/2018.]
June 14, 2018 Filing 3 Summons Issued as to Bluegrass Investment Management, LLC, George Hofmesiter, SRH Farms LLC 401 (K) Plan, Bernard Tew; Summons issued and returned to counsel electronically (CBD) [Transferred from Kentucky Eastern on 10/16/2018.]
June 14, 2018 Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4098155), filed by SKAT. (Attachments: #1 Civil Cover Sheet, #2 Summons)(CBD) [Transferred from Kentucky Eastern on 10/16/2018.]

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Search for this case: SKAT v. SRH Farms LLC 401(K) Plan et al
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Defendant: Bluegrass Investment Management, LLC
Represented By: Mark Joseph Hyland
Represented By: Thomas Ross Hooper
Represented By: Philip W. Collier
Represented By: John W. Pollom
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Defendant: SRH Farms LLC 401(K) Plan
Represented By: James N. O'Toole
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Defendant: Bernard Tew
Represented By: Mark Joseph Hyland
Represented By: Thomas Ross Hooper
Represented By: Philip W. Collier
Represented By: John W. Pollom
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Defendant: George Hofmeister
Represented By: James N. O'Toole
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Plaintiff: SKAT
Represented By: Scott Allen Davidson
Represented By: Richard W. Edwards
Represented By: Sarah Loomis Cave
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