SKAT v. The Cardinal Consulting Pension Plan et al
| SKAT |
| The Cardinal Consulting Pension Plan and Matthew Tucci |
| The Everything Clean LLC 401k Plan, The Dink14 LLC 401k Plan, Vincent Natoli, The Crow Associates Pension Plan, The Oaks Group Pension Plan, Roger Lehman, Natoli Management Pension Plan, Acorn Capital Strategies LLC Employee Pension Profit Sharing Plan & Trust, Nova Fonta Trading LLC 401k Plan, John Lachance, Shreepal Shah, Stacey Kaminer, The Chambers Property Management LLC 401k Plan, Onezerofive LLC Solo 401k Plan, The Osprey Associates LLC 401k Plan, The Sea Bright Advisors LLC 401k Plan, Gregory Summers, The Zen Training LLC 401(K) Plan, The Heron Advisors Pension Plan, American Investment Group Of New York, L.P. Pension Plan, The Blackbird 401k Plan, The JT Health Consulting LLC 401k Plan, The Beech Tree Partners 401k Plan, The Maple Advisors LLC 401k Plan, The Lakeview Advisors 401k Plan, The Robin Daniel Pension Plan, The Tag Realty Advisors LLC 401k, The Egret Associates LLC 401k Plan, The Hoboken Advisors LLC 401k Plan, The Wave Maven LLC 401k Plan, Cambridge Way LLC 401k Profit Sharing Plan, Acorn Capital Corporation Employee Profit Sharing Plan, The Throckmorton Realty Advisors 401k Plan, The Balmoral Management LLC 401k Pension Plan, The Jump Group LLC 401k Plan, The Jayfran Blue Pension Plan, Bradley Crescenzo, Fiftyeightsixty LLC Solo 401k Plan, The Sandpiper Pension Plan, The Skybax LLC 401k Plan, The Hibiscus Partners LLC 401k Plan, The Hawk Group Pension Plan and JML Capital LLC 401k Plan |
| 1:2018cv10028 |
| October 31, 2018 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
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| Filing 31 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) |
| Filing 30 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) |
| Filing 29 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) |
Filing 28
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).
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| 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) |
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Filing 27
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)
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| Filing 26 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) |
| Filing 25 MDL TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:18-cv-08878. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-md-02865-LAK. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:18-md-02865-LAK. (sjo) |
| 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) |
| 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) |
| 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) |
| Case Designated ECF. (sjo) |
| Filing 24 Transfer Order of MDL Panel transferring case to the USDC for the SDNY. (dm ) [Transferred from New Jersey on 10/31/2018.] |
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Filing 23
LETTER ORDER temporarily terminating #22 Motion to Dismiss. Signed by Judge Freda L. Wolfson on 10/3/2018. (mmh) [Transferred from New Jersey on 10/31/2018.]
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| Set Deadlines as to #22 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 9(b). Motion set for 11/5/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 10/31/2018.] |
| Filing 22 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 9(b) by CAMBRIDGE WAY LLC 401K PROFIT SHARING PLAN, SHREEPAL SHAH. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification of John M. Hanamirian, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(HANAMIRIAN, JOHN) [Transferred from New Jersey on 10/31/2018.] |
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Filing 21
TEXT ORDER temporarily terminating #18 Motion to Dismiss for Lack of Jurisdiction ; temporarily terminating #18 Motion to Dismiss ; temporarily terminating #19 Motion to Dismiss. The Court received a request from Plaintiff seeking an adjournment of the pending motions to dismiss filed by various defendants. However, because the MDL Panel is considering designating these matters as a multi-district litigation, for the purposes of conserving resources, the motions to dismiss are administratively terminated pending the MDL Panel's decision. Should the Panel deny MDL designation, this Court will relist the motions and provide further briefing schedule at that time. The parties are directed to apprise the Court of the MDL Panel's forthcoming decision. ORDERED by Judge Freda L. Wolfson on 9/21/2018. (Fang, W) [Transferred from New Jersey on 10/31/2018.]
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| Filing 20 CERTIFICATE OF SERVICE by SKAT of Process Served in Civil Action No. 3:18-cv-10465-FLW-LHG (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.] |
| Set Deadlines as to #18 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaints MOTION to Dismiss Plaintiff's Complaints Pursuant to 12(b)(6), #19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 9(b). Motions set for 10/1/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, these motions will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 10/31/2018.] |
| Filing 19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 9(b) by ACORN CAPITAL CORPORATION EMPLOYEE PROFIT SHARING PLAN, ACORN CAPITAL STRATEGIES LLC EMPLOYEE PENSION PROFIT SHARING PLAN & TRUST, GREGORY SUMMERS. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Certificate of Service)(HANAMIRIAN, JOHN) [Transferred from New Jersey on 10/31/2018.] |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaints, MOTION to Dismiss Plaintiff's Complaints Pursuant to 12(b)(6) by BRADLEY CRESCENZO, FIFTYEIGHTSIXTY LLC SOLO 401K PLAN, JML CAPITAL LLC 401K PLAN, JOHN LACHANCE, ROGER LEHMAN, VINCENT NATOLI, NATOLI MANAGEMENT PENSION PLAN, NOVA FONTA TRADING LLC 401K PLAN, ONEZEROFIVE LLC SOLO 401K PLAN, THE BALMORAL MANAGEMENT LLC 401K PENSION PLAN, THE BEECH TREE PARTNERS 401K PLAN, THE BLACKBIRD 401K PLAN, THE CARDINAL CONSULTING PENSION PLAN, THE CHAMBERS PROPERTY MANAGEMENT LLC 401K PLAN, THE CROW ASSOCIATES PENSION PLAN, THE DINK14 LLC 401K PLAN, THE EGRET ASSOCIATES LLC 401K PLAN, THE EVERYTHING CLEAN LLC 401K PLAN, THE HAWK GROUP PENSION PLAN, THE HERON ADVISORS PENSION PLAN, THE HIBISCUS PARTNERS LLC 401K PLAN, THE HOBOKEN ADVISORS LLC 401K PLAN, THE JAYFRAN BLUE PENSION PLAN, THE JT HEALTH CONSULTING LLC 401K PLAN, THE JUMP GROUP LLC 401K PLAN, THE LAKEVIEW ADVISORS 401K PLAN, THE MAPLE ADVISORS LLC 401K PLAN, THE OAKS GROUP PENSION PLAN, THE OSPREY ASSOCIATES LLC 401K PLAN, THE ROBIN DANIEL PENSION PLAN, THE SANDPIPER PENSION PLAN, THE SEA BRIGHT ADVISORS LLC 401K PLAN, THE SKYBAX LLC 401K PLAN, THE TAG REALTY ADVISORS LLC 401K, THE THROCKMORTON REALTY ADVISORS 401K PLAN, THE WAVE MAVEN LLC 401K PLAN, THE ZEN TRAINING LLC 401(K) PLAN, MATTHEW TUCCI. Responses due by 10/22/2018 (Attachments: #1 Brief, #2 Certification of Zhanna A. Ziering, Esq., #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 4A, #8 Exhibit 4B, #9 Exhibit 5, #10 Exhibit 5A, #11 Exhibit 5B, #12 Exhibit 6, #13 Exhibit 6A, #14 Exhibit 6B, #15 Exhibit 7, #16 Exhibit 7A, #17 Exhibit 7B, #18 Exhibit 8, #19 Exhibit 8A, #20 Exhibit 8B, #21 Exhibit 9, #22 Exhibit 9A, #23 Exhibit 9B, #24 Exhibit 10, #25 Exhibit 10A, #26 Exhibit 10B, #27 Exhibit 11, #28 Exhibit 11A, #29 Exhibit 11B, #30 Exhibit 12, #31 Exhibit 12A, #32 Exhibit 12B, #33 Exhibit 13, #34 Exhibit 13A, #35 Exhibit 13B, #36 Exhibit 14, #37 Exhibit 14A, #38 Exhibit 14B, #39 Exhibit 15, #40 Exhibit 16, #41 Text of Proposed Order, #42 Certificate of Service)(ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.] |
| Filing 17 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by ACORN CAPITAL CORPORATION EMPLOYEE PROFIT SHARING PLAN, ACORN CAPITAL STRATEGIES LLC EMPLOYEE PENSION PROFIT SHARING PLAN & TRUST, GREGORY SUMMERS. (Attachments: #1 Certification, #2 Certificate of Service)(HANAMIRIAN, JOHN) [Transferred from New Jersey on 10/31/2018.] |
| Set Deadlines as to #17 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. Motion set for 10/1/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 10/31/2018.] |
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Filing 16
CASE MANAGEMENT ORDER NO. 1. The Motion to Consolidate filed in 18-cv-8876 at docket entry no. 7 is GRANTED; the civil actions listed on Schedule A are consolidated for pretrial purposes and any actions later filed in this Court will automatically be coordinated with this action without the necessity of future motions or orders. This coordination does not constitute a determination that the actions should be consolidated for trial. It is further ordered that SKAT v. The Cardinal Consulting Pension Plan, 18-cv-8878 shall be treated as the "Lead Case" and its docket shall be treated as the "Lead Docket". When a pleading or document is intended to be applicable to all actions, it shall be filed on the Lead Docket. a service list will be maintained by the Clerk of the Court during the course of this litigation by adding parties and attorneys to the Lead Docket. Any attorney who wishes to have his/her name added to or deleted from the Lead Docket may do so upon request to the Clerk of this Court and notice to all other persons on the Lead Docket. Signed by Magistrate Judge Lois H. Goodman on 8/29/2018. (mmh) [Transferred from New Jersey on 10/31/2018.]
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| Filing 15 Substitution of Attorney - Attorney JOHN M. HANAMIRIAN terminated.. (ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.] |
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Filing 14
TEXT ORDER that the Motion to Withdraw filed by counsel for Defendant is hereby administratively terminated. By no later than 8/10/18, counsel are to submit an appropriate Notice of Substitution. So Ordered by Magistrate Judge Lois H. Goodman on 8/3/18. (if, ) [Transferred from New Jersey on 10/31/2018.]
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| Pro Hac Vice fee received for Sarah L. Cave, Esq.: $150, receipt number TRE093982 (mmh) [Transferred from New Jersey on 10/31/2018.] |
| Filing 13 MOTION to Withdraw as Attorney by All Defendants. (Attachments: #1 Statement, #2 Declaration, #3 Text of Proposed Order, #4 Certificate of Service)(HANAMIRIAN, JOHN) [Transferred from New Jersey on 10/31/2018.] |
| Set Deadlines as to #13 MOTION to Withdraw as Attorney . Motion set for 8/20/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 10/31/2018.] |
| Filing 12 NOTICE by SKAT (Attachments: #1 Exhibit Plaintiffs Motion for Consolidation and Transfer)(BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.] |
| Filing 11 Letter from Eric Blumenfeld, Esq. re: Plaintiff SKAT's Motion to Consolidate Related Cases. (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.] |
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Filing 10
ORDER granting leave to appear pro hac vice as to Sarah L. Cave, Esq. Signed by Magistrate Judge Lois H. Goodman on 7/24/2018. (mps) [Transferred from New Jersey on 10/31/2018.]
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| Pro Hac Vice counsel, MARK D. ALLISON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mps) [Transferred from New Jersey on 10/31/2018.] |
| Filing 9 Notice of Request by Pro Hac Vice Mark D. Allison to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8876030.) (ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.] |
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Filing 8
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as to Mark Allison, Esq. Signed by Magistrate Judge Lois H. Goodman on 7/10/2018. (mps) [Transferred from New Jersey on 10/31/2018.]
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| Filing 7 WAIVER OF SERVICE Returned Executed by SKAT. MATTHEW TUCCI waiver sent on 6/26/2018, answer due 8/27/2018. (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by SKAT. THE CARDINAL CONSULTING PENSION PLAN waiver sent on 6/26/2018, answer due 8/27/2018. (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.] |
| Set Deadlines as to #5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/6/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 10/31/2018.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice by All Defendants. (Attachments: #1 Certification of Mark Allison, #2 Text of Proposed Order)(ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.] |
| Filing 4 NOTICE of Appearance by ZHANNA ANGERT ZIERING on behalf of All Defendants (ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.] |
| Filing 3 NOTICE of Appearance by JOHN M. HANAMIRIAN on behalf of All Defendants (HANAMIRIAN, JOHN) [Transferred from New Jersey on 10/31/2018.] |
| Filing 2 SUMMONS ISSUED as to THE CARDINAL CONSULTING PENSION PLAN, MATTHEW TUCCI Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By *John Moller* (jem) [Transferred from New Jersey on 10/31/2018.] |
| Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (jjc, ) [Transferred from New Jersey on 10/31/2018.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. Pro. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (jem) [Transferred from New Jersey on 10/31/2018.] |
| Filing 1 COMPLAINT against THE CARDINAL CONSULTING PENSION PLAN, MATTHEW TUCCI ( Filing and Admin fee $ 400 receipt number 0312-8717362) with JURY DEMAND, filed by SKAT. (Attachments: #1 Civil Cover Sheet)(BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.] |
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