Rizack et al v. Signature Bank, N.A. et al
| Dennis Fogarty, Charles Mahl, Donald MacRitchie, Richard Kirshner, Joshua Rizack, pat Fogarty, Mahl Family Trust and The Gordon Fund |
| SIGNATURE BANK, N.A., Charles Liggio and Chris Efstratiou |
| 1:2018cv09641 |
| October 19, 2018 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2018. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #3 Motion to Stay. this action is hereby stayed pending the disposition of Plaintiffs appeal currently pending before Floridas Fourth District Court of Appeals. Counsel for the parties shall notify the Court within one week of a final state court decision, and, in any event, shall file a status update by April 1, 2019. Neither party is prejudiced from moving for the Court to lift the stay at an earlier date. The Clerk of Court is directed to close the motion at Docket Number 3. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/17/2018) (jca)
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| Filing 28 FIRST AMENDED COMPLAINT amending #6 Complaint against Chris Efstratiou, Signature Bank, N.A. with JURY DEMAND.Document filed by Donald MacRitchie, Pat Fogarty, Dennis Fogarty, Richard Kirshner, Joshua Rizack, The Gordon Fund, Charles Mahl, Mahl Family Trust. Related document: #6 Complaint.(Greene, Arnold Mitchell) |
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Filing 27
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for Plaintiffs and defendants Signature and Efstratiou as follows: Plaintiffs shall file their Amended Complaint on or before December 14, 2018; The time for Signature and Efstratiou to answer, move or otherwise respond to the Amended Complaint shall be: (i) in the event that the Court denies the Motion and directs this action to proceed, 45 days from the date of filing of the Order denying the Motion; or (ii) in the event that the Court grants the Motion and stays this action, 45 days from the date when the Florida Appellate Court publishes its order deciding the Appeal. SO ORDERED., ( Amended Pleadings due by 12/14/2018.) (Signed by Judge J. Paul Oetken on 12/13/2018) (ama)
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| Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by Chris Efstratiou, Signature Bank, N.A.. (Planell, Michael) |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #3 MOTION to Stay . . Document filed by Chris Efstratiou, Signature Bank, N.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Planell, Michael) |
| Filing 24 NOTICE OF APPEARANCE by Michael Eugene Planell on behalf of Chris Efstratiou, Signature Bank, N.A.. (Planell, Michael) |
| Filing 23 NOTICE OF APPEARANCE by Jeffrey Alan Miller on behalf of Chris Efstratiou, Signature Bank, N.A.. (Miller, Jeffrey) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Signature Bank, N.A.. (dnh) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Signature Bank N.A., re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Chris Efstratiou. (dnh) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Charles Liggio. (dnh) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to CHRIS EFSTRATIOU, re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to CHARLES LIGGIO, re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) |
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Filing 16
ORDER: Any response to Plaintiffs' motion to stay at Docket Number 3 shall be filed within 14 days of service of the motion. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/08/2018) (ama)
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Filing 15
ORDER: In light of Plaintiffs' letter at Docket Number 14, the Order to Show Cause at Docket Number 12 is dissolved. Document Numbers 8 and 9 shall remain under seal pending further order from the Court. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/7/2018) (ne)
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| Filing 14 LETTER addressed to Judge J. Paul Oetken from James W. Christian dated November 6, 2018 re: Court's Order to Show Cause. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund.(Greene, Arnold Mitchell) |
| Filing 13 NOTICE of Appearance of James W. Christian. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arnold Mitchell Greene to RE-FILE Document No. #10 Request for Issuance of Summons, #11 Request for Issuance of Summons, #7 Request for Issuance of Summons, #9 Request for Issuance of Summons, #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. #9 Request for Issuance of Summons, #8 Request for Issuance of Summons - pdf is not a summons request. #10 Request for Issuance of Summons, #11 Request for Issuance of Summons, #7 Request for Issuance of Summons - attorney information is omitted. 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. (dnh) |
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Filing 12
ORDER: Therefore, on or before November 6, 2018, Plaintiff shall either (1) show cause as to why its complaint should not be dismissed for lack of subject matter jurisdiction, or (2) move to file an amended complaint that properly pleads jurisdiction. If Plaintiff fails to do so, this action may be dismissed. (Signed by Judge J. Paul Oetken on 10/23/2018) (jwh)
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| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Chris Efstratiou, re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) Modified on 10/24/2018 (dnh). |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Charles Liggio, re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) Modified on 10/24/2018 (dnh). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Chris Efstratiou, re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) Modified on 10/24/2018 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Charles Liggio, re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) Modified on 10/24/2018 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Signature Bank N.A., re: #6 Complaint. Document filed by Dennis Fogarty, Pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack, The Gordon Fund. (Greene, Arnold Mitchell) Modified on 10/24/2018 (dnh). |
| Filing 6 COMPLAINT against Chris Efstratiou, Charles Liggio, Signature Bank, N.A.. Document filed by Donald MacRitchie, Pat Fogarty, Dennis Fogarty, Richard Kirshner, Joshua Rizack, The Gordon Fund, Charles Mahl.(Greene, Arnold Mitchell) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Arnold Mitchell Greene. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); Fee Status code due (due). The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Arnold Mitchell Greene. The party information for the following party/parties has been modified: Joshua Rizack; Donald Macritchie; Signature Bank, N.A.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Arnold Mitchell Greene to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Sarah Netburn 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. (sj) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Donald MacRitchie, Pat Fogarty, Dennis Fogarty, Richard Kirshner, Joshua Rizack, Charles Mahl, The Gordon Fund added. Party added pursuant to #1 Complaint,.Document filed by Donald MacRitchie, Pat Fogarty, Dennis Fogarty, Richard Kirshner, Joshua Rizack, Charles Mahl, The Gordon Fund. Related document: #1 Complaint,.(Greene, Arnold Mitchell) |
| Filing 5 MEMORANDUM OF LAW in Support re: #3 MOTION to Stay . . Document filed by Dennis Fogarty, pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack. (Greene, Arnold Mitchell) |
| Filing 4 DECLARATION of James Wesley Christian in Support re: #3 MOTION to Stay .. Document filed by Dennis Fogarty, pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack. (Greene, Arnold Mitchell) |
| Filing 3 MOTION to Stay . Document filed by Dennis Fogarty, pat Fogarty, Richard Kirshner, Donald MacRitchie, Charles Mahl, Joshua Rizack. Return Date set for 12/3/2018 at 09:00 AM.(Greene, Arnold Mitchell) |
| Filing 2 CIVIL COVER SHEET filed. (Greene, Arnold Mitchell) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Chris Efstratiou, Charles Liggio, SIGNATURE BANK, N.A.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15782117)Document filed by Donald MacRitchie, Joshua Rizack, Richard Kirshner, pat Fogarty, Dennis Fogarty, Charles Mahl.(Greene, Arnold Mitchell) Modified on 10/22/2018 (sj). Modified on 10/22/2018 (sj). |
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