SKAT v. THE Throckmorton Realty Advisors 401K Plan et al
Plaintiff: SKAT
Defendant: The Throckmorton Realty Advisors 401k Plan and Matthew Tucci
Case Number: 1:2018cv10086
Filed: October 31, 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
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This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2018 Filing 29 LETTER addressed to Judge Lewis A. Kaplan from Mark D. Allison dated December 18, 2018 re: Proposed Order Outlining the Role of Lead Counsel. Document filed by Ackview Solo 401K Plan, Aerovane Logistics LLC Roth 401K Plan, Michael Ben-Jacob, Todd Bergeron, Blackrain Pegasus LLC Solo 401K Plan, Blue Ocean Equity LLC Retirement Plan, Doston Bradley, CSCC Capital Pension Plan, Bradley Crescenzo, Gavin Crescenzo, Delgado Fox LLC Solo 401K Plan, Sean Driscoll, Edgepoint Capital LLC Roth 401K Plan, Fiftyeightsixty LLC Solo 401k Plan, Gyos 23 LLC Solo 401K Plan, Headsail Manufacturing LLC Roth 401K Plan, JML Capital LLC 401k Plan, KK Law Firm Retirement Plan Trust, Kevin Kenning, Thomas Kertelits, Robert Klugman, John Lachance, Roger Lehman, NYCATX LLC Solo 401K Plan, Vincent Natoli, Natoli Management Pension Plan, Nova Fonta Trading LLC 401k Plan, Onezerofive LLC Solo 401k Plan, Pegasus Fox 23 LLC Solo 401K Plan, Svetlin Petkov, Mitchell Protass, Random Holdings 401K Plan, Sanford Villa Pension Plan, The 78 Yorktown Pension Plan, The Aria Pension Plan, The Aston Advisors LLC 401K Plan, The Atlantic DHR 401K Plan, The Balmoral Management LLC 401k Pension Plan, The Beech Tree Partners 401k Plan, The Belforte Pension Plan, The Bella Consultants Pension Plan, The Blackbird 401k Plan, The Bradley London Pension Plan, The Bravos Advisors 401K Plan, The Busby Black 401K Plan, The CSCC Capital Pension Plan, The Cambridge Town Line Pension Plan, The Canada Rock LLC 401K Plan, The Cardinal Consulting Pension Plan, The Chambers Property Management LLC 401k Plan, The Costello Advisors Pension Plan, The Crow Associates Pension Plan, The DMR Pension Plan, The Diamond Scott Capital Pension Plan, The Dink14 LLC 401k Plan, The Dosmon Bly Pension Plan, The Egret Associates LLC 401k Plan, The Eskin Pension Plan, The Everything Clean LLC 401k Plan, The FWC Capital LLC Pension Plan, The Fieldcrest Pension Plan, The Green Group Site Pension Plan, The Hawk Group Pension Plan, The Heron Advisors Pension Plan, The Hibiscus Partners LLC 401k Plan, The Hoboken Advisors LLC 401k Plan, The Hotel Fromance Pension Plan, The Houston Rocco LLC 401K Plan, The ISDB Pension Plan, The India Bombay LLC 401K Pension Plan, The JT Health Consulting LLC 401k Plan, The Jayfran Blue Pension Plan, The Joanne E. Bradley Solo 401K Plan, The Jump Group LLC 401k Plan, The KASV Group Pension Plan, The Kodiak Capital Pension Plan, The Krabi Holdings LLC 401K Plan, The Kyber Pension Plan, The LBR Capital Pension Plan, The Lakeview Advisors 401k Plan, The Lerici Capital Pension Plan, The Ludlow Holdings 401K Plan, The M2F Wellness LLC 401K Plan, The MPQ Holdings LLC 401K Plan, The Maple Advisors LLC 401k Plan, The Monin Amper Pension Plan, The Mountain Air LLC 401K Plan, The Mueller Investments Pension Plan, The NYC Stanismore Pension Plan, The Oak Tree One 401K Plan, The Oaks Group Pension Plan, The Osprey Associates LLC 401k Plan, The Patrick Partners Conglomerate Pension Plan, The Petkov Management LLC 401K Plan, The Petkov Partners Pension Plan, The Proper Pacific LLC 401K Plan, The RDL Consulting Group LLC Pension Plan, The Regoleth Pension Plan, The Robin Daniel Pension Plan, The SKSL LLC Pension Plan, The SPKK LLC 401K Plan, The SVP 401K Plan, The Saba Capital LLC 401K Plan, The Sandpiper Pension Plan, The Sea Bright Advisors LLC 401k Plan, The Sector 230 LLC 401K Plan, The Shapiro Blue Management LLC 401K Plan, The Sinclair Pension Plan, The Skybax LLC 401k Plan, The Snow Hill Pension Plan, The Stark Pension Plan, The Stor Capital Consulting LLC 401K Plan, The TKKJ LLC 401K Plan, The Tag Realty Advisors LLC 401k, The Texas Rocco LLC 401K Plan, The Throckmorton Realty Advisors 401k Plan, The Wave Maven LLC 401k Plan, The West River Pension Plan, The Westport Advisors LLC 401K Plan, The Westridge Ave LLC 401K Plan, The Zen Training LLC 401(K) Plan, Matthew Tucci, Valerius LLC Solo 401K Plan, Carl Andrew Vergari.Filed In Associated Cases: 1:18-md-02865-LAK et al.(Allison, Mark)
December 18, 2018 Filing 28 PROPOSED ORDER. Document filed by Matthew Tucci, Ackview Solo 401K Plan, Aerovane Logistics LLC Roth 401K Plan, Michael Ben-Jacob, Todd Bergeron, Blackrain Pegasus LLC Solo 401K Plan, Blue Ocean Equity LLC Retirement Plan, Doston Bradley, CSCC Capital Pension Plan, Bradley Crescenzo, Gavin Crescenzo, Delgado Fox LLC Solo 401K Plan, Sean Driscoll, Edgepoint Capital LLC Roth 401K Plan, Fiftyeightsixty LLC Solo 401k Plan, Gyos 23 LLC Solo 401K Plan, Headsail Manufacturing LLC Roth 401K Plan, KK Law Firm Retirement Plan Trust, Kevin Kenning, Thomas Kertelits, Robert Klugman, John Lachance, Roger Lehman, NYCATX LLC Solo 401K Plan, Vincent Natoli, Natoli Management Pension Plan, Nova Fonta Trading LLC 401k Plan, Onezerofive LLC Solo 401k Plan, Pegasus Fox 23 LLC Solo 401K Plan, Svetlin Petkov, Mitchell Protass, Random Holdings 401K Plan, Sanford Villa Pension Plan, The 78 Yorktown Pension Plan, The Aria Pension Plan, The Aston Advisors LLC 401K Plan, The Atlantic DHR 401K Plan, The Balmoral Management LLC 401k Pension Plan, The Beech Tree Partners 401k Plan, The Belforte Pension Plan, The Bella Consultants Pension Plan, The Blackbird 401k Plan, The Bradley London Pension Plan, The Bravos Advisors 401K Plan, The Busby Black 401K Plan, The CSCC Capital Pension Plan, The Cambridge Town Line Pension Plan, The Canada Rock LLC 401K Plan, The Cardinal Consulting Pension Plan, The Chambers Property Management LLC 401k Plan, The Costello Advisors Pension Plan, The Crow Associates Pension Plan, The DMR Pension Plan, The Diamond Scott Capital Pension Plan, The Dink14 LLC 401k Plan, The Dosmon Bly Pension Plan, The Egret Associates LLC 401k Plan, The Eskin Pension Plan, The Everything Clean LLC 401k Plan, The FWC Capital LLC Pension Plan, The Fieldcrest Pension Plan, The Green Group Site Pension Plan, The Hawk Group Pension Plan, The Heron Advisors Pension Plan, The Hibiscus Partners LLC 401k Plan, The Hoboken Advisors LLC 401k Plan, The Hotel Fromance Pension Plan, The Houston Rocco LLC 401K Plan, The ISDB Pension Plan, The India Bombay LLC 401K Pension Plan, The JT Health Consulting LLC 401k Plan, The Jayfran Blue Pension Plan, The Joanne E. Bradley Solo 401K Plan, The Jump Group LLC 401k Plan, The KASV Group Pension Plan, The Kodiak Capital Pension Plan, The Krabi Holdings LLC 401K Plan, The Kyber Pension Plan, The LBR Capital Pension Plan, The Lakeview Advisors 401k Plan, The Lerici Capital Pension Plan, The Ludlow Holdings 401K Plan, The M2F Wellness LLC 401K Plan, The MPQ Holdings LLC 401K Plan, The Maple Advisors LLC 401k Plan, The Monin Amper Pension Plan, The Mountain Air LLC 401K Plan, The Mueller Investments Pension Plan, The NYC Stanismore Pension Plan, The Oak Tree One 401K Plan, The Oaks Group Pension Plan, The Osprey Associates LLC 401k Plan, The Patrick Partners Conglomerate Pension Plan, The Petkov Management LLC 401K Plan, The Petkov Partners Pension Plan, The Proper Pacific LLC 401K Plan, The RDL Consulting Group LLC Pension Plan, The Regoleth Pension Plan, The Robin Daniel Pension Plan, The SKSL LLC Pension Plan, The SPKK LLC 401K Plan, The SVP 401K Plan, The Saba Capital LLC 401K Plan, The Sandpiper Pension Plan, The Sea Bright Advisors LLC 401k Plan, The Sector 230 LLC 401K Plan, The Shapiro Blue Management LLC 401K Plan, The Sinclair Pension Plan, The Skybax LLC 401k Plan, The Snow Hill Pension Plan, The Stark Pension Plan, The Stor Capital Consulting LLC 401K Plan, The TKKJ LLC 401K Plan, The Tag Realty Advisors LLC 401k, The Texas Rocco LLC 401K Plan, The Throckmorton Realty Advisors 401k Plan, The Wave Maven LLC 401k Plan, The West River Pension Plan, The Westport Advisors LLC 401K Plan, The Westridge Ave LLC 401K Plan, The Zen Training LLC 401(K) Plan, Valerius LLC Solo 401K Plan, Carl Andrew Vergari. (Allison, Mark) Proposed Order to be reviewed by Clerk's Office staff.
December 14, 2018 Opinion or Order Filing 27 STIPULATION AND ORDER, NOW IT IS HEREBY STIPULATED AND AGREED, by and between the parties that Defendants' deadline to respond to the Motion is extended to December 21, 2018, and SKAT's reply shall be filed by January 4, 2019. SO ORDERED. (Responses due by 12/21/2018, Replies due by 1/4/2019.) (Signed by Judge William H. Pauley, III on 12/14/2018) Filed In Associated Cases: 1:18-md-02865-LAK et al.(kv)
December 13, 2018 Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by SKAT. (Cave, Sarah)
December 7, 2018 Opinion or Order Filing 25 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 24 PROPOSED STIPULATION AND ORDER. Document filed by SKAT. (Cave, Sarah)
November 30, 2018 Filing 23 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 22 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 21 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 20 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 19 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 18 MDL TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:18-cv-10119. Original file certified copy of transfer order and docket entries received. (sjo)
October 31, 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 31, 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 31, 2018 Case Designated ECF. (sjo)
October 31, 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 31, 2018 CONSOLIDATED MDL CASE: Create association to 1:18-md-02865-LAK. (sjo)
October 31, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-md-02865-LAK. (sjo)
October 5, 2018 Filing 17 Transfer Order of MDL Panel transferring case to the USDC for the SDNY. (dm ) [Transferred from New Jersey on 10/31/2018.]
August 29, 2018 Opinion or Order 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.]
August 9, 2018 Filing 15 WAIVER OF SERVICE Returned Executed by SKAT. MATTHEW TUCCI waiver sent on 7/24/2018, answer due 9/24/2018. (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.]
August 9, 2018 Filing 14 WAIVER OF SERVICE Returned Executed by SKAT. THE THROCKMORTON REALTY ADVISORS 401K PLAN waiver sent on 7/24/2018, answer due 9/24/2018. (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.]
August 3, 2018 Filing 13 Substitution of Attorney - Attorney JOHN M. HANAMIRIAN terminated.. (ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.]
August 3, 2018 Opinion or Order Filing 12 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.]
August 1, 2018 Pro Hac Vice fee received for Sarah L. Cave, Esq.: $150, receipt number TRE093982 (mmh) [Transferred from New Jersey on 10/31/2018.]
July 30, 2018 Set Deadlines as to #11 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. (jem) [Transferred from New Jersey on 10/31/2018.]
July 27, 2018 Filing 11 MOTION to Withdraw as Attorney by THE THROCKMORTON REALTY ADVISORS 401K PLAN, MATTHEW TUCCI. (Attachments: #1 Statement, #2 Declaration, #3 Text of Proposed Order, #4 Certificate of Service)(HANAMIRIAN, JOHN) [Transferred from New Jersey on 10/31/2018.]
July 26, 2018 Filing 10 NOTICE by SKAT (Attachments: #1 Exhibit Plaintiffs Motion for Consolidation and Transfer)(BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.]
July 24, 2018 Filing 9 Letter from Eric Blumenfeld, Esq. re: Plaintiff SKAT's Motion to Consolidate Related Cases. (BLUMENFELD, ERIC) [Transferred from New Jersey on 10/31/2018.]
July 24, 2018 Opinion or Order Filing 8 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.]
July 16, 2018 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.]
July 13, 2018 Filing 7 Notice of Request by Pro Hac Vice Mark D. Allison to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8881939.) (ZIERING, ZHANNA) [Transferred from New Jersey on 10/31/2018.]
July 12, 2018 Opinion or Order Filing 6 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as to Mark Allison, Esq. Signed by Magistrate Judge Lois H. Goodman on 7/12/2018. (mps) [Transferred from New Jersey on 10/31/2018.]
July 2, 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.]
June 29, 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.]
June 25, 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.]
June 7, 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.]
June 4, 2018 Filing 2 SUMMONS ISSUED as to THE THROCKMORTON REALTY ADVISORS 401K 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.]
June 4, 2018 Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (jem) [Transferred from New Jersey on 10/31/2018.]
June 2, 2018 Filing 1 COMPLAINT against THE THROCKMORTON REALTY ADVISORS 401K PLAN, MATTHEW TUCCI ( Filing and Admin fee $ 400 receipt number 0312-8783080) 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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Search for this case: SKAT v. THE Throckmorton Realty Advisors 401K Plan et al
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Defendant: The Throckmorton Realty Advisors 401k Plan
Represented By: Zhanna Angert Ziering
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Defendant: Matthew Tucci
Represented By: Zhanna Angert Ziering
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Plaintiff: SKAT
Represented By: Eric K. Blumenfeld
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