Mariano et al v. CVI Investments, Inc. et al
Plaintiff: Guarantee Insurance Group, Inc. and Steven M. Mariano
Defendant: Emily Clifford, Alto Opportunity Master Fund, SPC, CVI Investments, Inc. and Hudson Bay Master Fund Ltd.
Case Number: 1:2019cv00099
Filed: January 4, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: George B Daniels
Referring Judge: Edgardo Ramos
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ct Diversity-(Citizenship)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2020 Filing 159 Costs Taxed as to #158 USCA Mandate, USCA Case Number 19-2929, in the amount of $554.40, on 8/17/2020 in favor of Appellee CVI Investments, Inc., and against Appellant Steven M. Mariano. (tp)
June 1, 2020 Filing 158 MANDATE of USCA (Certified Copy) as to #157 Notice of Appeal, filed by Steven M. Mariano USCA Case Number 19-2929. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/1/2020. (tp)
June 1, 2020 Transmission of USCA Mandate/Order to the District Judge re: #158 USCA Mandate. (tp)
September 11, 2019 Filing 157 NOTICE OF APPEAL from #156 Clerk's Judgment,, #154 Order on Motion to Dismiss,,,. Document filed by Steven M. Mariano. Filing fee $ 505.00, receipt number ANYSDC-17581753. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A - Judgment, #2 Exhibit B - Order)(Scherer, William)
September 11, 2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #157 Notice of Appeal. (tp)
September 11, 2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #157 Notice of Appeal, filed by Steven M. Mariano were transmitted to the U.S. Court of Appeals. (tp)
August 12, 2019 Filing 156 CLERK'S JUDGMENT re: #155 Order on Motion to Dismiss in favor of Steven M. Mariano against Alto Opportunity Master Fund, SPC, Hudson Bay Master Fund Ltd. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated August 12, 2019, Hudson Bay's and Alto's motions for sanctions are DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/12/2019) (Attachments: #1 Right to Appeal)(km)
August 12, 2019 Opinion or Order Filing 155 MEMORANDUM DECISION AND ORDER denying #116 Motion to Dismiss: Hudson Bay's and Alto's motions for sanctions, (ECF Nos. 116, 141), are DENIED. The Clerk of Court is directed to close the motions accordingly. (Signed by Judge George B. Daniels on 8/8/2019) (jwh)
August 12, 2019 Opinion or Order Filing 154 ORDER granting #138 Motion to Dismiss; granting #141 Motion to Dismiss: Accordingly, CVII's and Alto's motions to dismiss are GRANTED. The Clerk of Court is directed to close the motions, (ECF Nos. 138, 141), accordingly. (Signed by Judge George B. Daniels on 8/8/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
August 12, 2019 Opinion or Order Filing 153 ORDER terminating #113 Motion to Dismiss; terminating #120 Motion to Dismiss. Defendant CVI Investments, Inc.'s motion to dismiss, (ECF No. 113), and Defendant Alto Opportunity Master Fund, SPC's motion to dismiss, (ECF No. 120), are moot in light of Plaintiff Steven M. Mariano's filing of an amended complaint, (ECF No. 128), Defendant CVI Investments, Inc.'s filing of a motion to dismiss the amended complaint, (ECF No. 138), and Defendant Alto Opportunity Master Fund, SPC's filing of a motion to dismiss the amended complaint and for sanctions, (ECF No. 141). The Clerk of Court is directed to close the motions, (ECF Nos. 113, 120), accordingly. (Signed by Judge George B. Daniels on 8/8/2019) (ne)
August 12, 2019 Terminate Transcript Deadlines (km)
August 7, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 8/7/2019, ( Status Conference set for 12/11/2019 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: William R. Scherer, Michael Edward Dutko Jr. Defense Counsel: Norman Goldberger, Laura E. Krabill, Marjorie Joan Peerce, A. Robert Quirk and Court Reporter present. (Vega, Elizabeth)
June 26, 2019 Opinion or Order Filing 152 ORDER FOR ADMISSION PRO HAC VICE granting #108 Motion for Eric J. Hager to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/26/2019) (rjm)
May 21, 2019 Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 21, 2019 Filing 150 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/8/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
May 8, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 5/8/2019 re: #138 MOTION to Dismiss Amended Complaint. filed by CVI Investments, Inc., #141 MOTION to Dismiss Plaintiff's Amended Complaint and for Sanctions. filed by Alto Opportunity Master Fund, SPC, ( Status Conference set for 8/7/2019 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Michael Edward Dutko, Jr., William R. Scherer, Jimmy Wayne Mintz; Defense Counsel: Marjorie Joan Peerce, Norman Goldberger, Laura E. Krabill, A. Robert Quirk and Court Reporter present. (Vega, Elizabeth)
April 22, 2019 Filing 149 REPLY MEMORANDUM OF LAW in Support re: #138 MOTION to Dismiss Amended Complaint. . Document filed by CVI Investments, Inc.. (Slaughter, Joseph)
April 22, 2019 Filing 148 REPLY MEMORANDUM OF LAW in Support re: #141 MOTION to Dismiss Plaintiff's Amended Complaint and for Sanctions. . Document filed by Alto Opportunity Master Fund, SPC. (Fischer, Aron)
April 18, 2019 Filing 147 REPLY MEMORANDUM OF LAW in Support re: #116 MOTION to Dismiss and to Impose Sanctions. . Document filed by Hudson Bay Master Fund Ltd.. (Turner, Serrin)
April 12, 2019 Filing 146 JOINT MEMORANDUM OF LAW in Opposition re: #138 MOTION to Dismiss Amended Complaint., #141 MOTION to Dismiss Plaintiff's Amended Complaint and for Sanctions. . Document filed by Steven M. Mariano. (Scherer, William)
March 29, 2019 Opinion or Order Filing 145 ORDER denying #135 Letter Motion for Oral Argument: Hudson Bay Master Fund Ltd. 's request for oral argument on its motion for sanctions in connection with the filing of the original complaint, (ECF No. 135), is DENIED. (Signed by Judge George B. Daniels on 3/29/2019) (jwh)
March 28, 2019 Filing 144 MEMORANDUM OF LAW in Opposition re: #116 MOTION to Dismiss and to Impose Sanctions. . Document filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Scherer, William)
March 22, 2019 Filing 143 DECLARATION of Aron Fischer in Support re: #141 MOTION to Dismiss Plaintiff's Amended Complaint and for Sanctions.. Document filed by Alto Opportunity Master Fund, SPC. (Attachments: #1 Exhibit A, Subpoena for Production, #2 Exhibit B, Letter dated 4/12/2017, #3 Exhibit C, Subpoena for Deposition)(Fischer, Aron)
March 22, 2019 Filing 142 MEMORANDUM OF LAW in Support re: #141 MOTION to Dismiss Plaintiff's Amended Complaint and for Sanctions. . Document filed by Alto Opportunity Master Fund, SPC. (Fischer, Aron)
March 22, 2019 Filing 141 MOTION to Dismiss Plaintiff's Amended Complaint and for Sanctions. Document filed by Alto Opportunity Master Fund, SPC.(Fischer, Aron)
March 22, 2019 Filing 140 DECLARATION of Joseph Slaughter in Support re: #138 MOTION to Dismiss Amended Complaint.. Document filed by CVI Investments, Inc.. (Attachments: #1 Exhibit Patriot Counterclaims, #2 Exhibit Mariano Counterclaims, #3 Exhibit Florida Complaint, #4 Exhibit Delaware court ruling, #5 Exhibit back-to-back agreement, #6 Exhibit Aug 1 2016 Patriot press release, #7 Exhibit Feb 27 2017 Patriot 8-k, #8 Exhibit Nov 22 2017 Patriot 8-k)(Slaughter, Joseph)
March 22, 2019 Filing 139 MEMORANDUM OF LAW in Support re: #138 MOTION to Dismiss Amended Complaint. . Document filed by CVI Investments, Inc.. (Slaughter, Joseph)
March 22, 2019 Filing 138 MOTION to Dismiss Amended Complaint. Document filed by CVI Investments, Inc..(Slaughter, Joseph)
March 22, 2019 Opinion or Order Filing 137 ORDER granting #136 Motion for M. Norman Goldberger to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/22/2019) (jwh)
March 21, 2019 Filing 136 MOTION for M. Norman Goldberger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16537925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVI Investments, Inc.. (Attachments: #1 Affidavit of N. Goldberger in Support, #2 Exhibit A to Goldberger Aff., #3 Text of Proposed Order)(Goldberger, Norman)
March 21, 2019 Filing 135 LETTER MOTION for Oral Argument on Sanctions Motion addressed to Judge George B. Daniels from Serrin Turner dated March 21, 2019. Document filed by Hudson Bay Master Fund Ltd..(Turner, Serrin)
March 21, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #136 MOTION for M. Norman Goldberger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16537925. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 20, 2019 Opinion or Order Filing 134 STIPULATION AND ORDER SETTING SCHEDULE FOR BRIEFING ON MOTIONS TO DISMISS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by counsel for the Parties listed below, that: 1. The clerk is directed to change the caption of this action to Steven M Mariano v. CVI Investments, Inc. and Alto Opportunity Master Fund, SPC. 2. On or before March 22, 2019, CVII and Alto shall file their motions to dismiss the Amended Complaint; 3. Plaintiff shall no longer be required to file a response brief in opposition to CVII's and Alto's February 15 motions to dismiss the original Complaint; 4. On or before April 12, 2019, Plaintiff shall file a response brief in opposition to CVII's and Alto's motions to dismiss the Amended Complaint; 5. On or before April 22, 2019, CVII and Alto shall file any reply briefs in support of their motions to dismiss; 6. Oral argument on Defendants' motions to dismiss shall be held on May 8, 2019 at 10:30 a.m. as previously scheduled by this Court; and 7. CVII and Alto are not required to answer, move, or otherwise plead in response to the Amended Complaint until the Court rules on their motions to dismiss. (Motions due by 3/22/2019. Responses due by 4/12/2019. Replies due by 4/22/2019. Oral Argument set for 5/8/2019 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/20/2019) (jwh)
March 19, 2019 Filing 133 PROPOSED STIPULATION AND ORDER. Document filed by Alto Opportunity Master Fund, SPC. (Teplin, Stephanie)
March 13, 2019 Opinion or Order Filing 132 ORDER granting #131 Motion for Laura E. Krabill to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/13/2019) (rjm)
March 13, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #131 MOTION for Laura E. Krabill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16485294. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 12, 2019 Filing 131 MOTION for Laura E. Krabill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16485294. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVI Investments, Inc.. (Attachments: #1 Affidavit of L. Krabill in Support, #2 Exhibit A - PA certificate of good standing, #3 Exhibit B - NC certificate of good standing, #4 Text of Proposed Order)(Krabill, Laura)
March 11, 2019 Opinion or Order Filing 130 ORDER FOR ADMISSION PRO HAC VICE granting #110 Motion for William R. Scherer to Appear Pro Hac Vice. Upon the motion of William R. Scherer, the motion for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge George B. Daniels on 3/11/19) (yv)
March 11, 2019 Opinion or Order Filing 129 ORDER FOR ADMISSION PRO HAC VICE granting #109 Motion for Patrick T. O'Neill to Appear Pro Hac Vice. Upon the motion of Patrick T. o'Neill, the motion for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge George B. Daniels on 3/11/19) (yv)
March 8, 2019 Filing 128 AMENDED COMPLAINT against Alto Opportunity Master Fund, SPC, CVI Investments, Inc. with JURY DEMAND.Document filed by Steven M. Mariano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scherer, William)
February 28, 2019 Opinion or Order Filing 127 ORDER granting #126 Letter Motion for Oral Argument: The oral argument is adjourned to May 8, 2019 at 10:30 a.m. (Signed by Judge George B. Daniels on 2/28/2019) (jwh)
February 28, 2019 Filing 126 CONSENT LETTER MOTION for Oral Argument re-scheduling addressed to Judge George B. Daniels from Serrin Turner dated February 28, 2019. Document filed by Hudson Bay Master Fund Ltd..(Turner, Serrin)
February 28, 2019 Set/Reset Hearings: Oral Argument set for 5/8/2019 at 10:30 AM before Judge George B. Daniels. (jwh)
February 25, 2019 Opinion or Order Filing 125 ORDER granting #124 Letter Motion for Oral Argument. The conference is adjourned to April 24, 2019 at 10:30 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 2/25/2019) (ne)
February 25, 2019 Set/Reset Hearings: Oral Argument set for 4/24/2019 at 10:30 AM before Judge George B. Daniels. (ne)
February 21, 2019 Filing 124 LETTER MOTION for Oral Argument to be reset from 3/13/19 to after 4/18/19 addressed to Judge George B. Daniels from William R. Scherer dated February 21, 2019. Document filed by Guarantee Insurance Group, Inc., Steven M. Mariano.(Scherer, William)
February 20, 2019 Opinion or Order Filing 123 ORDER granting #119 Letter Motion for Oral Argument. Defendant Hudson Bay Master Fund Ltd.'s ("Hudson Bay") request for oral argument on its Motion to Dismiss and to Impose Sanctions, (ECF No. 119), is GRANTED. The conference scheduled for March 6, 2019 is adjourned. Oral argument on Hudson Bay's Motion to Dismiss and to Impose Sanctions (ECF No. 116), Defendant CVI Investments, Inc.'s Motion to Dismiss, (ECF No. 113 ), and Defendant Alto Opportunity Master Fund, SPC's Motion to Dismiss, (ECF No. 120), will be held on March 13, 2019 at 10:30 am. SO ORDERED. (Signed by Judge George B. Daniels on 2/20/2019) (ne) Modified on 2/21/2019 (ne).
February 20, 2019 Set/Reset Hearings: Oral Argument set for 3/13/2019 at 10:30 AM before Judge George B. Daniels. (ne)
February 15, 2019 Filing 122 MEMORANDUM OF LAW in Support re: #120 MOTION to Dismiss . . Document filed by Alto Opportunity Master Fund, SPC. (Fischer, Aron)
February 15, 2019 Filing 121 DECLARATION of Aron Fischer in Support re: #120 MOTION to Dismiss .. Document filed by Alto Opportunity Master Fund, SPC. (Attachments: #1 Exhibit A - Subpoena for Production, #2 Exhibit B - Letter dated 4/12/2017, #3 Exhibit C - Subpoena for Deposition)(Fischer, Aron)
February 15, 2019 Filing 120 MOTION to Dismiss . Document filed by Alto Opportunity Master Fund, SPC.(Fischer, Aron)
February 15, 2019 Filing 119 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Serrin Turner dated February 15, 2019. Document filed by Hudson Bay Master Fund Ltd..(Turner, Serrin)
February 15, 2019 Filing 118 DECLARATION of Serrin Turner in Support re: #116 MOTION to Dismiss and to Impose Sanctions.. Document filed by Hudson Bay Master Fund Ltd.. (Attachments: #1 Exhibit A - Securities Purchase Agreement, #2 Exhibit B - Rescission and Exchange Agreement, #3 Exhibit C - Amended and Restated Stock Back-to-Back Agreement, #4 Exhibit D - 2016 Patriot National 10-Q, #5 Exhibit E - Counterclaims, #6 Exhibit F - May 4, 2018 Letter from S. Turner to W. Scherer, #7 Exhibit G - November 15 2018 Email from S. Turner to J. Mintz, #8 Exhibit H - December 17 2018 Letter from S. Turner to J. Mintz)(Turner, Serrin)
February 15, 2019 Filing 117 MEMORANDUM OF LAW in Support re: #116 MOTION to Dismiss and to Impose Sanctions. . Document filed by Hudson Bay Master Fund Ltd.. (Turner, Serrin)
February 15, 2019 Filing 116 MOTION to Dismiss and to Impose Sanctions. Document filed by Hudson Bay Master Fund Ltd..(Turner, Serrin)
February 15, 2019 Filing 115 DECLARATION of Marjorie J. Peerce in Support re: #113 MOTION to Dismiss Complaint.. Document filed by CVI Investments, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Peerce, Marjorie)
February 15, 2019 Filing 114 MEMORANDUM OF LAW in Support re: #113 MOTION to Dismiss Complaint. . Document filed by CVI Investments, Inc.. (Peerce, Marjorie)
February 15, 2019 Filing 113 MOTION to Dismiss Complaint. Document filed by CVI Investments, Inc..(Peerce, Marjorie)
February 14, 2019 Opinion or Order Filing 112 ORDER FOR ADMISSION PRO HAC VICE granting #111 Motion for Michael E. Dutko to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 2/14/2019) (ne)
February 14, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #111 MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16346046. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 13, 2019 Filing 111 MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16346046. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Dutko, Michael)
February 13, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #110 MOTION for William R. Scherer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16338302. Motion and supporting papers to be reviewed by Clerk's Office staff., #109 MOTION for Patrick T. O'Neill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16338108. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 12, 2019 Filing 110 MOTION for William R. Scherer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16338302. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice)(Scherer, William)
February 12, 2019 Filing 109 MOTION for Patrick T. O'Neill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16338108. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(O'Neill, Patrick)
February 12, 2019 Filing 108 MOTION for Eric J. Hager to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16336096. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice)(Hager, Eric)
February 12, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #108 MOTION for Eric J. Hager to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16336096. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 22, 2019 Opinion or Order Filing 107 STIPULATION AND ORDER SETTING SCHEDULE FOR BRIEFING ON MOTION TO DISMISS. IT IS HEREBY STIPULATED AND AGREED, by counsel for the Parties listed below, that: 1. On or before February 15, 2019, Hudson Bay, CVII and Alto shall file their motions to dismiss; 2. On or before March 28, 2019, Plaintiffs shall file response briefs in opposition to CVII, Alto and Hudson Bay's motions to dismiss; 3. On or before April 18, 2019, CVII, Alto and Hudson Bay shall file any reply briefs in support of their motions to dismiss; and 4. CVII and Alto are not required to answer, move or otherwise plead in response to the Complaint until the Court rules on their motions to dismiss. So ordered. (Motions due by 2/15/2019. Responses due by 3/28/2019. Replies due by 4/18/2019.) (Signed by Judge George B. Daniels on 1/22/2019) (rjm)
January 18, 2019 Filing 106 PROPOSED STIPULATION AND ORDER. Document filed by Alto Opportunity Master Fund, SPC. (Teplin, Stephanie)
January 16, 2019 Opinion or Order Filing 105 ORDER: The parties are directed to appear for a status conference on March 6, 2019 at 9:30 am. (Status Conference set for 3/6/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/16/2019) (jwh)
January 16, 2019 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Edgardo Ramos is no longer assigned to the case. (bcu)
January 15, 2019 Filing 104 NOTICE OF APPEARANCE by Elizabeth Anna Parvis on behalf of Hudson Bay Master Fund Ltd.. (Parvis, Elizabeth)
January 15, 2019 Filing 103 NOTICE OF APPEARANCE by Zachary Lance Rowen on behalf of Hudson Bay Master Fund Ltd.. (Rowen, Zachary)
January 15, 2019 Filing 102 NOTICE OF APPEARANCE by Christopher J. Clark on behalf of Hudson Bay Master Fund Ltd.. (Clark, Christopher)
January 15, 2019 Filing 101 NOTICE OF APPEARANCE by Serrin Andrew Turner on behalf of Hudson Bay Master Fund Ltd.. (Turner, Serrin)
January 15, 2019 Filing 100 LETTER addressed to Judge Edgardo Ramos from Marjorie J. Peerce dated January 15, 2019 re: Adjournment of Initial Conference Scheduled for January 25. Document filed by CVI Investments, Inc..(Peerce, Marjorie)
January 11, 2019 Filing 99 LETTER addressed to Judge Edgardo Ramos from Marjorie J. Peerce dated 1/11/2019 re: Request for Removal of Jenny N. Perkins from the Docket. Document filed by CVI Investments, Inc..(Peerce, Marjorie)
January 8, 2019 Filing 98 NOTICE OF COURT CONFERENCE: An initial conference will be held before the Hon. Edgardo Ramos, U.S.D.J. on January 25, 2019 at 11:30am at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007, Courtroom 619. Initial Conference set for 1/25/2019 at 11:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (kv)
January 7, 2019 Filing 97 NOTICE OF APPEARANCE by Joseph Slaughter on behalf of CVI Investments, Inc.. (Slaughter, Joseph)
January 7, 2019 Filing 96 LETTER addressed to Judge Edgardo Ramos from Marjorie J. Peerce dated January 7, 2019 re: related cases pending before Honorable George Daniels. Document filed by CVI Investments, Inc..(Peerce, Marjorie)
January 7, 2019 Filing 95 NOTICE OF APPEARANCE by Marjorie Joan Peerce on behalf of CVI Investments, Inc.. (Peerce, Marjorie)
January 7, 2019 Filing 94 LETTER addressed to Judge Edgardo Ramos from Aron Fischer dated January 7, 2019 re: related cases pending before Honorable George Daniels. Document filed by Alto Opportunity Master Fund, SPC.(Fischer, Aron)
January 4, 2019 Filing 93 CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 0:18-cv-60937. Original file certified copy of transfer order and docket entries received. (sjo)
January 4, 2019 Magistrate Judge Barbara C. Moses 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)
January 4, 2019 Case Designated ECF. (sjo)
January 4, 2019 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)
January 4, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Edgardo Ramos. 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)
January 2, 2019 Opinion or Order Filing 92 ORDER granting #71 Motion to Transfer Venue. The Clerk is directed to TRANSFER the above-styled case to the Southern District of New York. The Clerk shall CLOSE the case file in this district and DENY any pending motions as moot. Signed by Judge William P. Dimitrouleas on 1/2/2019. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
December 21, 2018 Opinion or Order Filing 91 ORDER REFERRING #84 Plaintiff's MOTION to Allow Service by Mail filed by Steven M. Mariano, Guarantee Insurance Group, Inc.. Motions referred to Judge Lurana S. Snow. Signed by Judge William P. Dimitrouleas on 12/21/2018. See attached document for full details. (dj) [Transferred from Florida Southern on 1/4/2019.]
December 17, 2018 Filing 90 AFFIDAVIT in Support re #84 Plaintiff's MOTION to Allow Service by Mail (Declaration in Support of DE89) filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Exhibit 1 - CVI's most recent filing with SEC)(Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
December 17, 2018 Filing 89 RESPONSE in Support re #84 Plaintiff's MOTION to Allow Service by Mail (Reply in Support) filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
December 10, 2018 Filing 88 RESPONSE in Opposition re #84 Plaintiff's MOTION to Allow Service by Mail filed by CVI Investments, Inc.. Replies due by 12/17/2018. (Attachments: #1 Declaration of Michael Spolan)(Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
December 10, 2018 Filing 87 REPLY to Response to Motion re #71 MOTION to Change Venue to the Southern District of New York filed by CVI Investments, Inc.. (Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
December 10, 2018 Filing 86 REPLY to Response to Motion re #72 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Change Venue filed by Alto Opportunity Master Fund, SPC. (Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
December 3, 2018 Filing 85 RESPONSE in Opposition re #71 MOTION to Change Venue to the Southern District of New York filed by Guarantee Insurance Group, Inc., Steven M. Mariano. Replies due by 12/10/2018. (Attachments: #1 Exhibit 1 - Declaration of Michael J. Sluka)(Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
November 27, 2018 Filing 84 Plaintiff's MOTION to Allow Service by Mail by Guarantee Insurance Group, Inc., Steven M. Mariano. (Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
November 27, 2018 Filing 83 AFFIDAVIT signed by : Jimmy W. Mintz. re #82 Notice (Other), (Declaration of Jimmy W. Mintz) by Guarantee Insurance Group, Inc., Steven M. Mariano (Attachments: #1 Exhibit 1 - Delaware SOS Hudson Bay, #2 Exhibit 2 - Ltr Turner 5-2-18, #3 Exhibit 3 - 9.11 Ahmad Affidavit Hudson Bay, #4 Exhibit 4 - 9.28 Ryan Affidavit Hudson Bay, #5 Exhibit 5 - Notice of Return of Document, #6 Exhibit 6 - Open LEIS Hudson Bay Master Fund Ltd. (YSGYVERBS8JR1P1FNU59) _ Open LEIs, #7 Exhibit 7 - 11.21 - Letter - Notice of Commencement of Action to Hudson Bay 11.21.18, #8 Exhibit 8 - 11.26 FedEx Shipment 773783399530 Delivered, #9 Exhibit 9 - 11.26 - Mintz Letter to Serrin, Hudson, #10 Exhibit 10 - Ltr Peerce 5-2-18 (003), #11 Exhibit 11 - Delaware SOS Heights Cap, #12 Exhibit 12 - 9.20 Newcomb Aff - CVI Service, #13 Exhibit 13 - CVI SEC FORM 13F-NT, #14 Exhibit 13 - CVI SEC FORM 13F-NT, #15 Exhibit 15 - CVI SEC 13g a18-39790_1sc13g, #16 Exhibit 16 - Mintz Email to Krabill, #17 Exhibit 17 - 10.1 Ryan Aff - Alto Service, #18 Exhibit 18 - Pages from Black, Scott L. Depo Trans 7.11.17 (full))(Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
November 27, 2018 Filing 82 NOTICE by Guarantee Insurance Group, Inc., Steven M. Mariano re #34 Order on Motion for Extension of Time, (Plaintiffs' Notice in Response to the court's Order Granting Ext of Time to Complete Service of Process) (Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
November 27, 2018 Opinion or Order Filing 81 ORDER granting #79 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Stephanie Teplin. Signed by Judge William P. Dimitrouleas on 11/27/2018. See attached document for full details. (cqs) [Transferred from Florida Southern on 1/4/2019.]
November 26, 2018 Opinion or Order Filing 80 ORDER granting #78 Unopposed Motion for Entry of Briefing Schedule on Motion to Transfer and Dismiss. Signed by Judge William P. Dimitrouleas on 11/26/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
November 26, 2018 Filing 79 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie Teplin. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #66 Motion to Appear Pro Hac Vice, by Alto Opportunity Master Fund, SPC. Responses due by 12/10/2018 (Attachments: #1 Text of Proposed Order)(Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
November 26, 2018 Filing 78 Plaintiff's MOTION for Extension of Time of Discovery Cutoff Deadline , MOTION for Extension of Time enlarge deadlines on the dismissal motions ( Responses due by 12/10/2018) by Guarantee Insurance Group, Inc., Steven M. Mariano. (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
November 26, 2018 Reset Deadlines per DE #80 Order as to #71 Motion to Transfer Venue, #70 Motion to Dismiss, and #72 Motion to Dismiss or Transfer. Responses to #71 Motion to Transfer Venue due by 12/3/2018 and Replies due by 12/10/2018. Responses to #70 Motion to Dismiss and #72 Motion to Dismiss or Transfer due by 1/14/2019 and Replies due by 1/28/2019. (ar2) [Transferred from Florida Southern on 1/4/2019.]
November 26, 2018 Attorney Stephanie Teplin representing Alto Opportunity Master Fund, SPC (Defendant) Activated. (pt) [Transferred from Florida Southern on 1/4/2019.]
November 21, 2018 Filing 77 Summons Issued as to Hudson Bay Master Fund Ltd.. (dj) [Transferred from Florida Southern on 1/4/2019.]
November 20, 2018 Opinion or Order Filing 76 ORDER denying #66 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Stephanie Teplin. Notice of Termination delivered by US Mail to Stephanie Teplin. Signed by Judge William P. Dimitrouleas on 11/19/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
November 20, 2018 Filing 75 Summons (Affidavit) Returned Unexecuted by Steven M. Mariano, Guarantee Insurance Group, Inc. as to Hudson Bay Master Fund Ltd.. (Attachments: #1 Affidavit Non-Service on Defendant Hudson Bay Master Fund LTD)(Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
November 20, 2018 Opinion or Order Filing 74 ORDER granting #65 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aron Fischer, Esq.; granting #67 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney A. Robert Quirk, Esq. Signed by Judge William P. Dimitrouleas on 11/19/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
November 20, 2018 Opinion or Order Filing 73 ORDER OF DISMISSAL OF DEFENDANT RAY CRAIG. Signed by Judge William P. Dimitrouleas on 11/19/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
November 19, 2018 Filing 72 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), ( Responses due by 12/3/2018), MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM ( Responses due by 12/3/2018), MOTION to Change Venue by Alto Opportunity Master Fund, SPC. (Attachments: #1 Affidavit Exhibit 1 to Motion to Dismiss)(Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
November 19, 2018 Filing 71 MOTION to Change Venue to the Southern District of New York by CVI Investments, Inc.. Responses due by 12/3/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
November 19, 2018 Filing 70 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), , MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by CVI Investments, Inc.. Responses due by 12/3/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
November 19, 2018 Filing 69 Clerks Notice to Filer re #68 Notice of Filing Proposed Summons(es). Return of Service not docketed ; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then file the return of service and re-file the document. (dj) [Transferred from Florida Southern on 1/4/2019.]
November 19, 2018 Filing 68 NOTICE of Filing Proposed Summons(es) by Steven M. Mariano re #1 Notice of Removal (State Court Complaint), filed by Emily Clifford, Ray Craig (Attachments: #1 Exhibit Alias Summons - Hudson Bay) (Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
November 16, 2018 Filing 67 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for A. Robert Quirk. Filing Fee $ 75.00 Receipt # 113C-11168997 by Alto Opportunity Master Fund, SPC. Responses due by 11/30/2018 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
November 16, 2018 Filing 66 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie Teplin. Filing Fee $ 75.00 Receipt # 113C-11168989 by Alto Opportunity Master Fund, SPC. Responses due by 11/30/2018 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
November 16, 2018 Filing 65 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aron Fischer. Filing Fee $ 225.00 Receipt # 113C-11168972 by Alto Opportunity Master Fund, SPC. Responses due by 11/30/2018 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
November 16, 2018 Filing 64 NOTICE of Voluntary Dismissal of Defendant Ray Craig by Guarantee Insurance Group, Inc., Steven M. Mariano (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
November 2, 2018 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time to File Dismissal Papers. Plaintiffs shall file the appropriate dismissal papers as to their claims against Defendant Ray Craig on or before November 19, 2018. Signed by Judge William P. Dimitrouleas on 11/2/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
November 2, 2018 Filing 62 Plaintiff's MOTION for Extension of Time to file Dismissal Papers re #61 Order, by Guarantee Insurance Group, Inc., Steven M. Mariano. Responses due by 11/16/2018 (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
October 24, 2018 Opinion or Order Filing 61 ORDER Re: #60 Notice of Settlement. Plaintiffs shall file the appropriate dismissal papers as to their claims against Defendant Craig on or before November 5, 2018.Signed by Judge William P. Dimitrouleas on 10/24/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 1/4/2019.]
October 22, 2018 Filing 60 NOTICE of Settlement in Principle with Both Plaintiffs by Ray Craig (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
October 18, 2018 Filing 59 Corporate Disclosure Statement by Guarantee Insurance Group, Inc. (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
October 16, 2018 Opinion or Order Filing 58 ORDER granting #56 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendant Alto Opportunity Master Fund, SPC shall respond to Plaintiffs' Complaint on or before November 19, 2018. (Alto Opportunity Master Fund, SPC. Answer due 11/19/2018 re: #1 Notice of Removal (State Court Complaint)). Signed by Judge William P. Dimitrouleas on 10/16/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 1/4/2019.]
October 16, 2018 Filing 57 Corporate Disclosure Statement by Alto Opportunity Master Fund, SPC (Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
October 16, 2018 Filing 56 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Alto Opportunity Master Fund, SPC. Attorney Lorenz Michel Pruss added to party Alto Opportunity Master Fund, SPC(pty:dft). (Attachments: #1 Text of Proposed Order)(Pruss, Lorenz) [Transferred from Florida Southern on 1/4/2019.]
October 3, 2018 Opinion or Order Filing 55 ORDER granting in part and denying in part #54 Motion for Extension of Time to Response to Plaintiff's Complaint. Defendant CVI Investments, Inc. shall respond to the Complaint on or before November 19, 2018. (CVI Investments, Inc.. Answer due 11/19/2018 re: #1 Notice of Removal (State Court Complaint)). Signed by Judge William P. Dimitrouleas on 10/3/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 1/4/2019.]
October 2, 2018 Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Complaint by CVI Investments, Inc.. (Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
October 2, 2018 Filing 53 Notice of Pending, Refiled, Related or Similar Actions by CVI Investments, Inc. (Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
October 2, 2018 Filing 52 Corporate Disclosure Statement by CVI Investments, Inc. (Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
October 2, 2018 Filing 51 NOTICE of Attorney Appearance by Jenny Nicole Perkins on behalf of CVI Investments, Inc.. Attorney Jenny Nicole Perkins added to party CVI Investments, Inc.(pty:dft). (Perkins, Jenny) [Transferred from Florida Southern on 1/4/2019.]
September 27, 2018 Filing 50 Summons Issued as to Hudson Bay Master Fund Ltd.. (cbr) [Transferred from Florida Southern on 1/4/2019.]
September 27, 2018 Filing 49 Summons Issued as to Alto Opportunity Master Fund, SPC. (cbr) [Transferred from Florida Southern on 1/4/2019.]
September 26, 2018 Filing 48 NOTICE of Filing Proposed Summons(es) (Alias) to Hudson Bay Master Fund Ltd. by Guarantee Insurance Group, Inc., Steven M. Mariano re #1 Notice of Removal (State Court Complaint), filed by Emily Clifford, Ray Craig (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
September 26, 2018 Filing 47 NOTICE of Filing Proposed Summons(es) (Alias) to Alto Opportunity Master Fund, SPC by Guarantee Insurance Group, Inc., Steven M. Mariano re #1 Notice of Removal (State Court Complaint), filed by Emily Clifford, Ray Craig (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
September 17, 2018 Filing 46 REPLY to Response to Motion re #11 MOTION to Change Venue to the United States District Court for the Southern District of New York filed by Ray Craig. (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
September 17, 2018 Filing 45 REPLY to Response to Motion re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Ray Craig. (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
September 7, 2018 Filing 44 Summons Issued as to Hudson Bay Master Fund Ltd.. (cbr) [Transferred from Florida Southern on 1/4/2019.]
September 7, 2018 Filing 43 Summons Issued as to CVI Investments, Inc.. (cbr) [Transferred from Florida Southern on 1/4/2019.]
September 7, 2018 Filing 42 Summons Issued as to Alto Opportunity Master Fund, SPC. (cbr) [Transferred from Florida Southern on 1/4/2019.]
September 6, 2018 Filing 41 NOTICE of Filing Proposed Summons(es) to Hudson Bay Master Fund by Guarantee Insurance Group, Inc., Steven M. Mariano re #1 Notice of Removal (State Court Complaint), filed by Emily Clifford, Ray Craig (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
September 6, 2018 Filing 40 NOTICE of Filing Proposed Summons(es) to CVI Investments Inc. by Guarantee Insurance Group, Inc., Steven M. Mariano re #1 Notice of Removal (State Court Complaint), filed by Emily Clifford, Ray Craig (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
September 6, 2018 Filing 39 NOTICE of Filing Proposed Summons(es) by Guarantee Insurance Group, Inc., Steven M. Mariano re #1 Notice of Removal (State Court Complaint), filed by Emily Clifford, Ray Craig (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
August 29, 2018 Opinion or Order Filing 38 ORDER granting #37 Motion for Extension of Time to File Replies to Defendants' Motion to Dismiss and Motion to Transfer Venue. Defendant Ray Craig has until September 17, 2018 to file a Reply Brief to the Motion to Change Venue DE #11 and the Motion to Dismiss DE #12 . (Replies due by 9/17/2018). Signed by Judge William P. Dimitrouleas on 8/29/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 1/4/2019.]
August 29, 2018 Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #35 Response in Opposition to Motion, #36 Response in Opposition to Motion by Ray Craig. (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
August 28, 2018 Filing 36 RESPONSE in Opposition re #11 MOTION to Change Venue to the United States District Court for the Southern District of New York filed by Steven M. Mariano. Replies due by 9/4/2018. (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
August 28, 2018 Filing 35 RESPONSE in Opposition re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Guarantee Insurance Group, Inc., Steven M. Mariano. Replies due by 9/4/2018. (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
August 27, 2018 Opinion or Order Filing 34 ORDER granting in part #33 Motion for Extension of Time to Complete Service of Process. On or before November 27, 2018, Plaintiff shall either perfect service upon the Hedge Fund Defendants or show good cause why service has not been perfected. (Show Cause Response due by 11/27/2018). Signed by Judge William P. Dimitrouleas on 8/27/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 1/4/2019.]
August 24, 2018 Filing 33 Plaintiff's MOTION for Extension of Time to Serve Hedge Fund Defendants by Guarantee Insurance Group, Inc., Steven M. Mariano. Responses due by 9/7/2018 (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
August 23, 2018 Filing 32 NOTICE of Attorney Appearance by Jimmy Wayne Mintz on behalf of Guarantee Insurance Group, Inc., Steven M. Mariano. Attorney Jimmy Wayne Mintz added to party Guarantee Insurance Group, Inc.(pty:pla), Attorney Jimmy Wayne Mintz added to party Steven M. Mariano(pty:pla). (Mintz, Jimmy) [Transferred from Florida Southern on 1/4/2019.]
August 15, 2018 Filing 31 RESPONSE to Motion re #25 MOTION to Strike #24 Reply to Response to Motion, Exhibit A (Declaration of Steven Mariano), DE 24-1 or For Leave to File Sur-Reply filed by Guarantee Insurance Group, Inc., Steven M. Mariano. Replies due by 8/22/2018. (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
August 15, 2018 Opinion or Order Filing 30 ORDER denying #15 Motion Abstention and to Remand; denying as moot #25 Motion to Strike Declaration, or Alternatively, for Leave to File Sur-Reply. Defendants have until August 28, 2018 to respond to the Motion to Change Venue DE #11 and the Motion to Dismiss DE #12 . (Responses due by 8/28/2018). Signed by Judge William P. Dimitrouleas on 8/14/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 1/4/2019.]
July 5, 2018 Opinion or Order Filing 29 ORDER granting #27 Motion to Stay. This case is STAYED until August 10, 2018. Signed by Judge William P. Dimitrouleas on 7/5/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 1/4/2019.]
July 5, 2018 Filing 28 NOTICE by Guarantee Insurance Group, Inc., Steven M. Mariano (Plaintiffs' Notice of Stay) (Attachments: #1 Exhibit A-Order Extending Temp Stay) (Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
July 3, 2018 Filing 27 Agreed MOTION to Stay Proceedings by Emily Clifford, Ray Craig. Responses due by 7/17/2018 (Attachments: #1 Exhibit A, #2 Exhibit B)(Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
July 2, 2018 Filing 26 CERTIFICATE of Counsel re #25 MOTION to Strike #24 Reply to Response to Motion, Exhibit A (Declaration of Steven Mariano), DE 24-1 Supplemental Certificate of Good Faith Conference by Scott Lawrence Cagan on behalf of Emily Clifford, Ray Craig (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
July 2, 2018 Filing 25 MOTION to Strike #24 Reply to Response to Motion, Exhibit A (Declaration of Steven Mariano), DE 24-1 by Emily Clifford, Ray Craig. Responses due by 7/16/2018 (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
June 29, 2018 Filing 24 REPLY to Response to Motion re #15 Plaintiff's MOTION to Remand and Abstention in Further Support of filed by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Exhibit A - Declaration of Steven M. Mariano, #2 Exhibit B - Order Granting Motion for Remand, #3 Exhibit C - Placement Agreement)(Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
June 26, 2018 Filing 23 CLERK'S NOTICE - Attorney Admissions has updated address and/or email information for attorney(s) Howard B. Levi re #22 Notice of Change of Address. (cco) [Transferred from Florida Southern on 1/4/2019.]
June 25, 2018 Filing 22 NOTICE of Change of Address by Scott Lawrence Cagan (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
June 22, 2018 Opinion or Order Filing 21 ORDER granting #19 Motion for Extension of Time to File Reply in Support of Motion for Abstention and Remand. Plaintiff has until June 29, 2018 to file a Reply Brief to the #15 Motion for Abstention and Remand. (Replies due by 6/29/2018). Signed by Judge William P. Dimitrouleas on 6/22/2018. (mc) [Transferred from Florida Southern on 1/4/2019.]
June 22, 2018 Filing 20 Clerks Notice to Filer re #19 Plaintiff's MOTION for Extension of Time to file Reply in Support of Plaintiffs' Motion for Abstention and Remand re #18 Response in Opposition to Motion, #15 Plaintiff's MOTION to Remand and Abstention. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 1/4/2019.]
June 22, 2018 Filing 19 Agreed Motion for Extension of Time to File Response/Reply/Answer as to #15 Plaintiff's MOTION to Remand and Abstention by Guarantee Insurance Group, Inc., Steven M. Mariano. Responses due by 7/6/2018 (Attachments: #1 Text of Proposed)(Scherer, William) Modified Relief on 6/22/2018 (ls). [Transferred from Florida Southern on 1/4/2019.]
June 15, 2018 Filing 18 RESPONSE in Opposition re #15 Plaintiff's MOTION to Remand and Abstention (Defendants Ray Craig and Emily Clifford's Opposition to Plaintiffs' Motion for Abstention and Remand) filed by Emily Clifford, Ray Craig. Replies due by 6/22/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
June 5, 2018 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to Respond to Motion. Defendants shall respond to the Motion for Abstention and Remand DE #15 on or before June 15, 2018. (Responses due by 6/15/2018). Signed by Judge William P. Dimitrouleas on 6/5/2018. (mc) [Transferred from Florida Southern on 1/4/2019.]
June 4, 2018 Filing 16 Unopposed MOTION for Extension of Time to file opposition memorandum re #15 Plaintiff's MOTION to Remand and Abstention by Emily Clifford, Ray Craig. Responses due by 6/18/2018 (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
May 25, 2018 Filing 15 Plaintiff's MOTION to Remand and Abstention by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Exhibit A - Delaware Caseload Statistics)(Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
May 22, 2018 Opinion or Order Filing 14 ORDER denying without prejudice #11 Motion to Change Venue; denying without prejudice #12 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #13 Unopposed Motion for Briefing Schedule. Signed by Judge William P. Dimitrouleas on 5/22/2018. (ls) [Transferred from Florida Southern on 1/4/2019.]
May 21, 2018 Filing 13 Plaintiff's Unopposed MOTION for Briefing Schedule re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , #11 MOTION to Change Venue to the United States District Court for the Southern District of New York Unopp Motion for Briefing Schedule by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Text of Proposed Order Attch 1-Proposed Order)(Scherer, William) Modified title text on 5/22/2018 (asl). [Transferred from Florida Southern on 1/4/2019.]
May 16, 2018 Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Emily Clifford, Ray Craig. Responses due by 5/30/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
May 11, 2018 Filing 11 MOTION to Change Venue to the United States District Court for the Southern District of New York by Emily Clifford, Ray Craig. Responses due by 5/25/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
May 10, 2018 Filing 10 REPLY to #9 Response to #1 Notice of Removal (State Court Complaint) filed by Ray Craig. (Attachments: #1 Affidavit Declaration of Ray Craig, #2 Deposition Canton Deposition Transcript Excerpt, #3 Affidavit Declaration of Howard Levi)(Cagan, Scott) Modified document link on 5/11/2018 (mc). [Transferred from Florida Southern on 1/4/2019.]
May 3, 2018 Filing 9 Plaintiff's RESPONSE to #1 Notice of Removal (State Court Complaint), by Guarantee Insurance Group, Inc., Steven M. Mariano. (Attachments: #1 Exhibit 1)(Scherer, William) [Transferred from Florida Southern on 1/4/2019.]
May 2, 2018 Opinion or Order Filing 8 ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Howard B. Levi. Signed by Judge William P. Dimitrouleas on 5/2/2018. (asl) [Transferred from Florida Southern on 1/4/2019.]
May 2, 2018 Filing 7 Notice of Pending, Refiled, Related or Similar Actions by Emily Clifford, Ray Craig (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
May 1, 2018 Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard B. Levi. Filing Fee $ 75.00 Receipt # 113C-10616963 by Emily Clifford, Ray Craig. Responses due by 5/15/2018 (Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
April 27, 2018 Opinion or Order Filing 5 ORDER granting #4 Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants Ray Craig and Emily Clifford shall file their answer or response to Plaintiff's complaint on or before May 18, 2018. Re: #1 Notice of Removal (State Court Complaint). (Emily Clifford. Answer due 5/18/2018; Ray Craig. Answer due 5/18/2018). Signed by Judge William P. Dimitrouleas on 4/27/2018. (mc) [Transferred from Florida Southern on 1/4/2019.]
April 27, 2018 Filing 4 MOTION for Extension of Time to File Response/Reply/Answer Response to Complaint by Emily Clifford, Ray Craig. (Attachments: #1 Exhibit State Court Agreed Orders)(Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]
April 26, 2018 Opinion or Order Filing 3 ORDER REQUIRING EXPEDITED RESPONSE. Plaintiff must file a Response to the Notices's allegations of fraudulent joinder as to Defendant Clifford (DE #1 ) on or before May 3, 2018. Defendant Ray Craig may file a Reply thereto on or before May 10, 2018. (Responses due by 5/3/2018, Replies due by 5/10/2018). Signed by Judge William P. Dimitrouleas on 4/26/2018. (mc) [Transferred from Florida Southern on 1/4/2019.]
April 25, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mc) [Transferred from Florida Southern on 1/4/2019.]
April 25, 2018 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-10600026, filed by Ray Craig, Emily Clifford. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Cagan, Scott) [Transferred from Florida Southern on 1/4/2019.]

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Search for this case: Mariano et al v. CVI Investments, Inc. et al
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Defendant: Emily Clifford
Represented By: Scott Lawrence Cagan
Represented By: Howard B. Levi
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Defendant: Alto Opportunity Master Fund, SPC
Represented By: Aron Fischer
Represented By: A. Robert Quirk
Represented By: Stephanie Ann Teplin
Represented By: Lorenz Michel Pruss
Represented By: Aron Russell Fischer
Represented By: Aaron Russell Fischer
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Defendant: CVI Investments, Inc.
Represented By: Jenny Nicole Perkins
Represented By: Marjorie Joan Peerce
Represented By: Joseph Slaughter
Represented By: Norman Goldberger
Represented By: Laura E. Krabill
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Defendant: Hudson Bay Master Fund Ltd.
Represented By: Zachary Lance Rowen
Represented By: Serrin Andrew Turner
Represented By: Christopher J. Clark
Represented By: Elizabeth Anna Parvis
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Plaintiff: Guarantee Insurance Group, Inc.
Represented By: Jimmy Wayne Mintz
Represented By: William R. Scherer
Represented By: Patrick O'Neill
Represented By: Eric James Hager
Represented By: Michael Edward Dutko, Jr.
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Plaintiff: Steven M. Mariano
Represented By: Jimmy Wayne Mintz
Represented By: William R. Scherer
Represented By: Patrick O'Neill
Represented By: Eric James Hager
Represented By: Michael Edward Dutko, Jr.
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