Chen v. Select Income REIT et al
Plaintiff: Jesse Chen
Defendant: William A. Lamkin, Donna D. Fraiche, Select Income REIT, Jeffrey P. Somers, Adam D. Portnoy and David M. Blackman
Case Number: 1:2018cv10418
Filed: November 9, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: George B Daniels
Referring Judge: Kevin Nathaniel Fox
Nature of Suit: Securities/Commodities
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2018 Opinion or Order Filing 30 ORDER re: #27 Letter,, filed by Donna D. Fraiche, William A. Lamkin, Select Income REIT, Jeffrey P. Somers, David M. Blackman, Adam D. Portnoy. The defendants requested an extension of the time to respond to the plaintiff's attorneys' fee motion; see Docket Entry No. 27. The request is granted. IT IS HEREBY ORDERED that: 1. the defendants shall file their response to the motion on or before January 28, 2019; and 2. any reply shall be filed on or before February 11, 2019. SO ORDERED. (Responses due by 1/28/2019, Replies due by 2/11/2019.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/21/2018) (kv)
December 20, 2018 Opinion or Order Filing 29 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: All such motions: 23. Referred to Magistrate Judge Kevin Nathaniel Fox. Motions referred to Kevin Nathaniel Fox. (Signed by Judge George B. Daniels on 12/20/2018) (jwh)
December 20, 2018 Filing 28 LETTER addressed to Judge George B. Daniels from Juan E. Monteverde dated December 20, 2018 re: Response to Defendants Request for an Extension of Time to Respond to Plaintiff's Motion for an Award of Attorneys' Fees and Expenses.. Document filed by Jesse Chen.(Monteverde, Juan)
December 19, 2018 Filing 27 LETTER addressed to Judge George B. Daniels from Patrick G. Rideout dated December 19, 2018 re: Pursuant to Section II(C) of this Court's Individual Rules & Practices, Defendants respectfully request an extension of time to respond to Plaintiff's Motion for an Award of Attorneys' Fees and Expenses. Document filed by David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers. (Attachments: #1 Exhibit A - Email Exchange, #2 Exhibit B - Proposed Order)(Rideout, Patrick)
December 14, 2018 Filing 26 PROPOSED ORDER. Document filed by Jesse Chen. (Monteverde, Juan) Proposed Order to be reviewed by Clerk's Office staff.
December 14, 2018 Filing 25 DECLARATION of Juan E. Monteverde in Support re: #23 FIRST MOTION for Attorney Fees and Expenses.. Document filed by Jesse Chen. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Monteverde, Juan)
December 14, 2018 Filing 24 MEMORANDUM OF LAW in Support re: #23 FIRST MOTION for Attorney Fees and Expenses. . Document filed by Jesse Chen. (Monteverde, Juan)
December 14, 2018 Filing 23 FIRST MOTION for Attorney Fees and Expenses. Document filed by Jesse Chen.(Monteverde, Juan)
December 14, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order was reviewed and approved as to form. (km)
December 10, 2018 Opinion or Order Filing 22 ORDER withdrawing #10 Motion for Preliminary Injunction; withdrawing #13 Letter Motion to Expedite: In light of the Notice of Withdrawal of Plaintiff's Motion for Preliminary Injunction and Request for Expedited Discovery dated December 7, 2018, (ECF No. 21), the oral argument scheduled for December 13, 2018 is cancelled. The Clerk of Court is directed to close Plaintiffs Motion for a Preliminary Injunction (ECF No. 10) and Letter Motion for Expedited Discovery (ECF No. 13.) (Signed by Judge George B. Daniels on 12/10/2018) (jwh)
December 7, 2018 Filing 21 NOTICE of WITHDRAWAL OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND REQUEST FOR EXPEDITED DISCOVERY re: #10 MOTION for Preliminary Injunction ., #12 Declaration in Support of Motion, #13 LETTER MOTION to Expedite Discovery addressed to Judge George B. Daniels from Juan E. Monteverde dated November 28, 2018., #11 Brief. Document filed by Jesse Chen. (Monteverde, Juan)
December 5, 2018 Filing 20 DECLARATION of Patrick G. Rideout in Opposition re: #10 MOTION for Preliminary Injunction .. Document filed by David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers. (Attachments: #1 Exhibit A - Amended And Restated Bylaws, #2 Exhibit B - Demand for Arbitration, #3 Exhibit C - Amended and Restated Declaration of Trust, #4 Exhibit D - Memorandum Opinion)(Rideout, Patrick)
December 5, 2018 Filing 19 MEMORANDUM OF LAW in Opposition re: #10 MOTION for Preliminary Injunction . . Document filed by David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers. (Rideout, Patrick)
December 5, 2018 Filing 18 LETTER addressed to Judge George B. Daniels from Patrick G. Rideout dated December 5, 2018 re: Opposition to Plaintiff's Request for Expedited Discovery (ECF No. 13). Document filed by David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers.(Rideout, Patrick)
December 5, 2018 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Select Income REIT.(Rideout, Patrick)
December 5, 2018 Filing 16 NOTICE OF APPEARANCE by Christopher Ryan Fredmonski on behalf of David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers. (Fredmonski, Christopher)
December 5, 2018 Filing 15 NOTICE OF APPEARANCE by Patrick George Rideout on behalf of David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers. (Rideout, Patrick)
November 28, 2018 Opinion or Order Filing 14 SCHEDULING ORDER: In light of Plaintiffs Motion for a Preliminary Injunction dated November 21, 2018, (ECF No. 10), an oral argument will be held on December 13, 2018 at 11 :00 a.m. SO ORDERED. (Oral Argument set for 12/13/2018 at 11:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/28/2018) (jca)
November 28, 2018 Filing 13 LETTER MOTION to Expedite Discovery addressed to Judge George B. Daniels from Juan E. Monteverde dated November 28, 2018. Document filed by Jesse Chen.(Monteverde, Juan)
November 21, 2018 Filing 12 DECLARATION of Miles D. Schreiner in Support re: #10 MOTION for Preliminary Injunction .. Document filed by Jesse Chen. (Attachments: #1 Exhibit 1 - Proxy Statement, #2 Exhibit 2 - Turberg Transcript)(Schreiner, Miles)
November 21, 2018 Filing 11 BRIEF re: #10 MOTION for Preliminary Injunction . . Document filed by Jesse Chen.(Schreiner, Miles)
November 21, 2018 Filing 10 MOTION for Preliminary Injunction . Document filed by Jesse Chen.(Schreiner, Miles)
November 16, 2018 Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. William A. Lamkin waiver sent on 11/12/2018, answer due 1/11/2019. Document filed by Jesse Chen. (Monteverde, Juan)
November 16, 2018 Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Select Income REIT waiver sent on 11/12/2018, answer due 1/11/2019. Document filed by Jesse Chen. (Monteverde, Juan)
November 16, 2018 Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Jeffrey P. Somers waiver sent on 11/12/2018, answer due 1/11/2019. Document filed by Jesse Chen. (Monteverde, Juan)
November 16, 2018 Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Donna D. Fraiche waiver sent on 11/12/2018, answer due 1/11/2019. Document filed by Jesse Chen. (Monteverde, Juan)
November 16, 2018 Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. David M. Blackman waiver sent on 11/12/2018, answer due 1/11/2019. Document filed by Jesse Chen. (Monteverde, Juan)
November 16, 2018 Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Adam D. Portnoy waiver sent on 11/12/2018, answer due 1/11/2019. Document filed by Jesse Chen. (Monteverde, Juan)
November 14, 2018 Opinion or Order Filing 3 INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/28/2019 at 09:30 AM in Courtroom 11A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, and as further set forth in this Order. So ordered. (Signed by Judge George B. Daniels on 11/13/2018) (rjm)
November 13, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pne)
November 13, 2018 Magistrate Judge Kevin Nathaniel Fox 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. (pne)
November 13, 2018 Case Designated ECF. (pne)
November 9, 2018 Filing 2 CIVIL COVER SHEET filed. (Monteverde, Juan)
November 9, 2018 Filing 1 COMPLAINT against David M. Blackman, Donna D. Fraiche, William A. Lamkin, Adam D. Portnoy, Select Income REIT, Jeffrey P. Somers. (Filing Fee $ 400.00, Receipt Number ANYSDC-15889280)Document filed by Jesse Chen. (Attachments: #1 Exhibit Certification)(Monteverde, Juan)

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Defendant: William A. Lamkin
Represented By: Christopher Ryan Fredmonski
Represented By: Patrick George Rideout
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Defendant: Donna D. Fraiche
Represented By: Christopher Ryan Fredmonski
Represented By: Patrick George Rideout
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Defendant: Select Income REIT
Represented By: Christopher Ryan Fredmonski
Represented By: Patrick George Rideout
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Defendant: Jeffrey P. Somers
Represented By: Christopher Ryan Fredmonski
Represented By: Patrick George Rideout
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Defendant: Adam D. Portnoy
Represented By: Christopher Ryan Fredmonski
Represented By: Patrick George Rideout
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Defendant: David M. Blackman
Represented By: Christopher Ryan Fredmonski
Represented By: Patrick George Rideout
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Plaintiff: Jesse Chen
Represented By: Juan Eneas Monteverde
Represented By: Miles Dylan Schreiner
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