CVI Investments, Inc. v. Mariano
| CVI Investments, Inc. |
| Steven M. Mariano and Litigation Trustee for the PNI Litigation Trust |
| Peter Kravitz |
| 1:2019cv02960 |
| April 3, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| George B Daniels |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on March 9, 2022. A more recent docket listing may be available from PACER.
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Filing 102
ORDER AND JUDGMENT ON CONSENT: It is hereby ORDERED, ADJUDGED and DECREED that JUDGMENT be ENTERED in favor of Plaintiff CVII and against Defendant Mariano in the amount of $4,000,000.00. The JUDGMENT will accrue post-judgment interest at the statutory rate until the JUDGMENT, including any accrued interest, is paid in full. The Clerk of Court is hereby directed to enter final judgment and close the case. (Signed by Judge George B. Daniels on 3/9/2022) (tg)
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| Filing 101 JOINT LETTER MOTION to Adjourn Conference and Enter Consent Judgments addressed to Judge George B. Daniels from Laura E. Krabill dated 3/9/2022. Document filed by CVI Investments, Inc.. (Attachments: #1 Exhibit Settlement Agreement and proposed Consent Judgments).(Krabill, Laura) |
| Terminate Transcript Deadlines (tg) |
| Filing 100 LETTER addressed to Judge George B. Daniels from Laura Krabill dated 3/1/2022 re: Joint Pretrial Order. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Filing 99 ***SELECTED PARTIES***PROPOSED PRE-TRIAL ORDER. Document filed by CVI Investments, Inc.. (Attachments: #1 Exhibit Schedule A-1 Plaintiffs' Deposition Designations, #2 Exhibit Schedule B-1 Plaintiffs' Trial Exhibit List) Motion or Order to File Under Seal: #97 .(Krabill, Laura) |
| Filing 98 PROPOSED PRE-TRIAL ORDER. Document filed by CVI Investments, Inc.. (Attachments: #1 Exhibit Schedule A-1 Plaintiffs' Deposition Designations, #2 Exhibit Schedule B-1 Plaintiffs' Trial Exhibit List).(Krabill, Laura) |
| Filing 97 LETTER MOTION to Seal Joint Pretrial Order addressed to Judge George B. Daniels from Laura Krabill dated 3/1/2022. Document filed by CVI Investments, Inc...(Krabill, Laura) |
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Filing 96
ORDER: granting #79 Motion to Withdraw as Attorney. The Clerk of Court is directed to close the motion to withdraw, (ECF No. 400), in Hudson Bay Master Fund Ltd. v. Steven M. Mariano, Case No. 16-cv-2767 (GBD) and the motion to withdraw, (ECF No. 79), in CVI Investments, Inc. v. Steven M. Mariano, Case No. 19-cv-2960 (GBD). These motions were granted at the conference held on January 12, 2022. SO ORDERED. Attorney William R. Scherer; Michael Edward Dutko, Jr and Eric James Hager terminated. (Signed by Judge George B. Daniels on 2/17/2022) (ama)
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| Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/12/22 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....(Moya, Goretti) |
| Filing 94 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/12/2022 before Judge George B. Daniels. Court Reporter/Transcriber: Kelly Surina, (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 3/4/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/12/2022..(Moya, Goretti) |
| Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 1/12/2022, ( Pretrial Conference set for 3/8/2022 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels., Trial Ready Hearing set for 3/21/2022 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Laura E. Krabill; Corey Clabrese Defense Counsel: Michael Edward Dutko, Jr.; Defendant: Steven Mariano and Court Reporter present. (Vega, Elizabeth) |
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Filing 93
ORDER: The January 12, 2022 pretrial conference at 9:45 a.m. in the above-captioned case, as well as in the related case, Hudson Bay Master Fund Ltd. v. Steven M. Mariano, Case No. 16-cv- 2767 (GBD) will proceed remotely via videoconference using the Microsoft Teams platform. To optimize the quality of the video feed, only the Court and counsel for each party will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Microsoft Teams system, only one counsel per party may participate. Co counsel members of the press, and the public may access the audio feed of the conference by calling (332) 249-0608 and entering the conference ID 629 188 980#. And as set forth herein. SO ORDERED., (Video Conference Pretrial Conference set for 1/12/2022 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/06/2022) (ama)
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| Filing 92 LETTER addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated January 6, 2022 re: Remote appearance at Pretrial Conference on 1/12/22. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 91
ORDER: The December 14, 2021 pretrial conference in the above-captioned case, as well as in the related case, Hudson Bay Master Fund Ltd v. Steven M. Mariano, Case No. 16-cv-2767 (GBD), is adjourned until January 12, 2022 at 9:45 a.m. SO ORDERED., ( Pretrial Conference set for 1/12/2022 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/13/2021) (ama)
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| Filing 90 LETTER addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated December 13, 2021 re: Remote appearance at Pretrial Conference on 12/14/21. Document filed by Steven M. Mariano..(Dutko, Michael) |
| Filing 89 LETTER addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated November 30, 2021 re: Mariano continuing pro se. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 88
ORDER: granting #87 Letter Motion for Discovery. The parties joint pre-trial order in the above-captioned case, as well as in the related case, Hudson Bay Master Fund Ltd v. Steven M Mariano, Case No. 16-cv-2767 (GBD), is due February 1, 2022. SO ORDERED. (Signed by Judge George B. Daniels on 11/18/2021) (ama)
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| Filing 87 LETTER MOTION for Discovery to set deadline for Joint Pre-trial Order addressed to Judge George B. Daniels from Laura Krabill dated 11-18-2021. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Set/Reset Deadlines: Pretrial Order due by 2/1/2022. (ama) |
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Filing 86
ORDER: Counsel for Steven Mariano filed a motion to withdraw as counsel on August 11, 2021. (ECF No. 79.) This Court directed Defendant to provide the name of Mr. Mariano's new counsel or whether Mr. Mariano intends to proceed pro se. (ECF No. 82.) The Court received a letter from defense counsel dated, September 20, 2021, informing this Court that Mr. Mariano requires additional time to retain new counsel. New counsel shall file a notice of appearance by November 30, 2021. If the Court does not here from new counsel by that date, then the Court will consider whether to grant defense counsel's motion to withdraw, and Defendant should prepare to proceed to trial pro se. The December 14, 2021 pretrial conference and March 21, 2022 non-jury trial will proceed as scheduled. SO ORDERED. (Signed by Judge George B. Daniels on 10/26/2021) (ama)
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| Filing 85 LETTER addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated September 20, 2021 re: Motion to Withdraw as Counsel. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 84
ORDER: The status conference scheduled for September 22, 2021 is cancelled. The parties will appear for a pretrial conference on December 14, 2021 at 9:45 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 9/20/2021) (ama)
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| Set/Reset Hearings: Pretrial Conference set for 12/14/2021 at 09:45 AM before Judge George B. Daniels. (ama) |
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Filing 83
ORDER: The status conference scheduled to occur on September 22, 2021 at 9:30 a.m. shall occur as a videoconference using the Microsoft Teams platform. To optimize the quality of the video feed, only the Court and counsel for each party will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Microsoft Teams system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the conference ID 934 710 950#. To the extent that there are any documents relevant to the proceeding, counsel should submit them to the Court (by email or on ECF, as appropriate) prior to the proceeding. And as set forth herein. SO ORDERED., ( Status Conference set for 9/22/2021 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/17/2021) (ama)
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Filing 82
ORDER: Defense counsel has filed a motion to withdraw as counsel. (ECF No. 79). In support of that motion, Defendant shall provide the name of Mr. Mariano's new counsel or inform the Court if Mr. Mariano intends to proceed pro se. The status conference is adjourned from September 7, 2021 to September 22, 2021 at 9:30 a.m. A pretrial conference is scheduled for December 14, 2021 at 9:45 a.m. A bench trial is scheduled to begin March 21, 2022 at 9:45 a.m. SO ORDERED., ( Bench Trial set for 3/21/2022 at 09:45 AM before Judge George B. Daniels., Pretrial Conference set for 12/14/2021 at 09:45 AM before Judge George B. Daniels., Status Conference set for 9/22/2021 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/31/2021) (ama)
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| Terminate Transcript Deadlines (ama) |
| Filing 81 LETTER RESPONSE to Motion addressed to Judge George B. Daniels from Laura Krabill dated August 25 2021 re: #79 MOTION for William R. Scherer, Michael E. Dutko, Jr., Eric Hager to Withdraw as Attorney . . Document filed by CVI Investments, Inc...(Krabill, Laura) |
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Filing 80
ORDER granting #78 Letter Motion for Conference re: #78 LETTER MOTION for Conference to appear by telephone addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated August 11, 2021. The status conference is adjourned from August 18, 2021 to September 7, 2021 at 10:00 am. The status conference will be held via videoconference. SO ORDERED. Telephone Conference set for 9/7/2021 at 10:00 AM before Judge George B. Daniels.. (Signed by Judge George B. Daniels on 8/16/2021) (kv)
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| Filing 79 MOTION for William R. Scherer, Michael E. Dutko, Jr., Eric Hager to Withdraw as Attorney . Document filed by Steven M. Mariano. (Attachments: #1 Exhibit Affidavit).(Scherer, William) |
| Filing 78 LETTER MOTION for Conference to appear by telephone addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated August 11, 2021. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 77
ORDER granting #76 Letter Motion for Conference re: #76 LETTER MOTION for Conference to attend telephonically addressed to Judge George B. Daniels from Laura Krabill dated August 4 2021. SO ORDERED.. (Signed by Judge George B. Daniels on 8/9/2021) (kv)
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| Filing 76 LETTER MOTION for Conference to attend telephonically addressed to Judge George B. Daniels from Laura Krabill dated August 4 2021. Document filed by CVI Investments, Inc...(Krabill, Laura) |
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Filing 75
ORDER: granting #74 Letter Motion to Continue. The status conference is adjourned to August 18, 2021 at 9:45 a.m. SO ORDERED. Status Conference set for 8/18/2021 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/24/2021) (ama)
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| Filing 74 LETTER MOTION to Continue to adjourn Status Conference scheduled for June 29, 2021 for one month addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated June 23, 2021. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 73
ORDER granting #71 Letter Motion to Continue; granting #72 Letter Motion to Adjourn Conference. The status conference is adjourned from May 26, 2021 to June 29, 2021 at 9:45 am. ( Status Conference set for 6/29/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/25/2021) (mro)
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| Filing 72 JOINT LETTER MOTION to Adjourn Conference or alternatively to participate remotely addressed to Judge George B. Daniels from Laura E. Krabill dated 05/21/2021. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Filing 71 LETTER MOTION to Continue to adjourn Status Conference scheduled for May 26, 2021 for one month addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated May 20, 2021. Document filed by Steven M. Mariano..(Dutko, Michael) |
| Filing 70 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Michael E. Dutko dated 5/18/2021. Document filed by Steven M. Mariano..(Dutko, Michael) |
| Filing 69 LETTER addressed to Judge George B. Daniels from Michael E. Dutko, Jr. dated April 5, 2021 re: Status Conference May 26, 2021 - Update. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 68
ORDER: The status conference is adjourned from April 7, 2021 to May 26, 2021 at 9:45 am. SO ORDERED. (Status Conference set for 5/26/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 4/1/2021) (jca)
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| Filing 67 LETTER addressed to Judge George B. Daniels from William R. Scherer dated March 26, 2021 re: April 7, 2021 Status Conference. Document filed by Steven M. Mariano..(Dutko, Michael) |
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Filing 66
ORDER denying without prejudice #56 Motion to Sever; denying without prejudice #56 Motion to Bifurcate: For the reasons stated on the record during today's oral argument, Plaintiff's motion to sever or bifurcate its tortious interference and fraudulent inducement claims, (ECF No. 56), is DENIED without prejudice. (Signed by Judge George B. Daniels on 2/3/2021) (jwh)
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| Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 2/3/2021 re: #56 MOTION to Sever Claims. MOTION to Bifurcate Claims. filed by CVI Investments, Inc., ( Status Conference set for 4/7/2021 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiffs Counsel: Laura E. Krabill; Defense Counsel: Michael Edward Dutko, Jr. and Court Reporter present. (Vega, Elizabeth) |
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Filing 65
ORDER: denying as moot #55 Motion in Limine. Plaintiff's motion to strike Defendant's demand for a jury trial, (ECF No. 55), is DENIED as moot, in light of the parties' joint stipulation to strike such demand, (ECF No. 64). The status conference on February 3, 2021 is rescheduled from 9:45 a.m. to 10:30 a.m. and will occur as a videoconference using the Skype platform. This Court will hear oral argument on Plaintiff's pending motion to sever or bifurcate its tortious interference and fraudulent inducment claims, (ECF No. 56), at that time. To optimize the quality of the video feed, only the Court, Plaintiff's counsel, and Defendant's counsel will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Skype system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the code ID 476272085. And as set forth herein. SO ORDERED. (Signed by Judge George B. Daniels on 1/26/2021) (ama)
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| Filing 64 JOINT STIPULATION: THE PARTIES HEREBY STIPULATE THAT Defendant Steven M. Mariano's Demand for Jury Trial in his Answer and Affirmative Defenses (D.I. 43) is stricken and no jury is sought for this case. (Signed by Judge George B. Daniels on 1/26/2021) (jwh) |
| Filing 63 PROPOSED STIPULATION AND ORDER. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Set/Reset Hearings: Status Conference set for 2/3/2021 at 10:30 AM before Judge George B. Daniels. (ama) |
| Filing 62 LETTER addressed to Judge George B. Daniels from Laura E. Krabill dated January 21, 2021 re: February 3, 2021 Status Conference and Request for Oral Argument on Motion to Sever or Bifurcate Claims. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Filing 61 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Sever Claims. MOTION to Bifurcate Claims. . Document filed by CVI Investments, Inc.. (Attachments: #1 Declaration of Laura E. Krabill, #2 Exhibit A).(Krabill, Laura) |
| Filing 60 RESPONSE to Motion re: #56 MOTION to Sever Claims. MOTION to Bifurcate Claims. . Document filed by Steven M. Mariano..(Scherer, William) |
| Filing 59 LETTER addressed to Judge George B. Daniels from William R. Scherer dated January 12, 2021 re: February 3, 2021 Status Conference. Document filed by Steven M. Mariano..(Scherer, William) |
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Filing 58
MEMO ENDORSEMENT on DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OFTIME TO RESPOND TO PLAINTIFF'S MOTIONS: granting #57 Motion for Extension of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 1/06/2021) (ama)
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| Filing 57 MOTION for Extension of Time to Respond to Plaintiff's Motions. Document filed by Steven M. Mariano..(Dutko, Michael) |
| Filing 56 MOTION to Sever Claims., MOTION to Bifurcate Claims. Document filed by CVI Investments, Inc.. (Attachments: #1 Affidavit Krabill Declaration, #2 Text of Proposed Order proposed order).(Krabill, Laura) |
| Filing 55 MOTION in Limine to Strike Jury Demand. Document filed by CVI Investments, Inc.. (Attachments: #1 Affidavit Krabill Declaration, #2 Exhibit Exhibit 1 to Krabill Decl, #3 Exhibit Exhibit 2 to Krabill Decl, #4 Text of Proposed Order proposed order).(Krabill, Laura) |
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Filing 54
ORDER granting #53 Letter Motion to Adjourn Conference: The status conference scheduled for December 2, 2020 is adjourned to February 3, 2021 at 9:45 a.m. (Status Conference set for 2/3/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/30/2020) (jwh)
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| Filing 53 JOINT LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Laura E. Krabill dated 11/24/2020. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Settlement Conference held on 10/13/2020. (kl) |
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Filing 52
ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: IT IS HEREBY ORDERED that the parties, defendants insurers and the trustee for the bankruptcy estate of Patriot National, Inc. attend a further telephonic settlement conference on October 13, 2020, at 3:30 p.m. The Court shall supply separately to the parties the dial-in information and security code. SO ORDERED. (Telephonic Settlement Conference set for 10/13/2020 at 03:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 9/28/2020) (Text Only Order) (kl)
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Filing 51
ORDER granting #50 Letter Motion to Adjourn Conference: The status conference is adjourned from August 12, 2020 to December 2, 2020 at 9:45 a.m. (Status Conference set for 12/2/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/10/2020) (jwh)
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| Filing 50 JOINT LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Laura E. Krabill dated 08/06/2020. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Settlement Conference held on 6/9/2020. (kl) |
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Filing 49
ORDER: The status conference is adjourned from June 17, 2020 to August 12, 2020 at 9:45 am. SO ORDERED. (Signed by Judge George B. Daniels on 6/8/2020) ( Status Conference set for 8/12/2020 at 09:45 AM before Judge George B. Daniels.) (ks)
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Filing 48
ORDER terminating #44 Letter Motion for Conference. So ordered. A settlement conference in the above-captioned action and in the related case, Hudson Bay Master Fund Ltd. v. Mariano, 16-cv-02767, is scheduled before Magistrate Judge Stewart Aaron on Tuesday, June 9, 2020 at 10:00 a.m. Due to recent public health concerns, the settlement shall proceed by telephone unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means, such as by video. Settlement Conference set for 6/9/2020 at 10:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 5/14/2020) (js) Modified on 5/14/2020 (js). Modified on 5/14/2020 (js).
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Filing 47
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge George B. Daniels on 5/05/2020) (ama)
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Filing 46
STIPULATED RULE 502(d) ORDER: THE PARTIES HEREBY STIPULATE THAT: 1. The production of privileged or work-product protected documents in the above- captioned cases shall not operate as a waiver of any privilege or protection from discovery in any other federal or state proceeding. 2. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). It Is So Stipulated. Pursuant to Stipulation, It Is So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 5/1/2020) (js)
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| Filing 45 PROPOSED STIPULATION AND ORDER. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Filing 44 LETTER MOTION for Conference With a Magistrate Judge Regarding Settlement addressed to Judge George B. Daniels from Laura E. Krabill dated May 1, 2020. Document filed by CVI Investments, Inc...(Krabill, Laura) |
| Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 3/4/2020, ( Status Conference set for 6/17/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Zachary Lance RowenDefense Counsel: Michael Edward Dutko Jr and Court Reporter present. (Vega, Elizabeth) |
| Filing 43 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Steven M. Mariano.(Scherer, William) |
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Filing 42
MEMORANDUM DECISION AND ORDER: denying #13 Motion to Dismiss. Mariano's motion to dismiss, (ECF No. 13), is DENIED as to CVI's fraudulent inducementand tortious interferences claims and GRANTED as to CVI's fraud claim. The Clerk of Court is directed to close the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 12/20/2019) (ama)
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| Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 12/11/2019, ( Status Conference set for 3/4/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Marjorie Joan Peerce, Laura E. KrabillDefense Counsel: Michael Edward Dutko Jr., William R. Scherer and Court Reporter present. (Vega, Elizabeth) |
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Filing 41
STIPULATED RULE 502(d) ORDER: PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/9/2019) (kl)
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| Filing 40 PROPOSED STIPULATION AND ORDER. Document filed by Litigation Trustee for the PNI Litigation Trust. (Posner, David) |
| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/7/19 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) |
| Filing 38 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/7/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Kelly Surina, (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 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019.(McGuirk, Kelly) |
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Filing 37
STIPULATED RULE 502(d) ORDER: THE PARTIES HEREBY STIPULATE THAT: 1.The production of privileged or work-product protected documents in the above-captioned cases shall not operate as a waiver of any privilege or protection from discovery in any other federal or state proceeding. 2.Testimony given at any deposition in the above-captioned cases regarding research,investigations, or other inquiries performed by Kasowitz related to the PIPE transaction, and its effect upon Patriot's decision not to honor the Warrants, including any testimony that could implicate the attorney-client privilege or work-product protection, shall not constitute a waiver of any privilege or protection from discovery in any other federal or state proceeding. 3.This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). IT IS SO STIPULATED. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/9/2019) (ks)
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| Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 8/7/2019 re: #13 MOTION to Dismiss Complaint. filed by Steven M. Mariano, ( 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.). 19 Civ. 2960CVI Investments, Inc. v. Mariano Oral Argument on Motion to Dismiss (ECF No. 13)Plaintiff Counsel: Norman Goldberger, Laura E. Krabill, Marjorie Joan Peerce; Defense Counsel: William R. Scherer, Michael Edward Dutko Jr. and Court Reporter present.A status conference is scheduled for December 11, 2019 at 10:00 am. (Vega, Elizabeth) Modified on 11/22/2019 (jwh). |
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Filing 36
STIPULATED RULE 502(d) ORDER: THE PARTIES HEREBY STIPULATE THAT: 1. The production of privileged 1. or work-product protected documents in the above-captioned cases shall not operate as a waiver of any privilege or protection from discovery in any other federal or state proceeding. 2. Testimony given at any deposition in the above-captioned cases regarding the basis of Patriot's decision not to honor the Warrant, including any testimony that could implicate the attorney-client privilege or work-product protection, shall not constitute a waiver of any privilege or protection from discovery in any other federal or state proceeding. 3. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Based upon this Stipulation, the Clerk of Court shall terminate the Letter Motions at ECF No. 349 in 16-cv-2767 and ECF No. 26 in 19-cv-2960. (Signed by Magistrate Judge Stewart D. Aaron on 8/2/2019) (kl)
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| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 8/1/2019. (kl) |
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Filing 35
ORDER re: #26 LETTER MOTION for Local Rule 37.2 Conference: The parties are directed to appear for a Telephone Conference in the above-captioned matter on Thursday, August 1, 2019, at 3:30 p.m. to discuss Plaintiff's Letter Motion (ECF No. 26) and the similar Letter Motion filed by CVI Investments in the related case, Hudson Bay Master Fund Ltd. v. Mariano, 16-cv-02767. The parties shall call the Court's conference line at 212-805-0110 once all parties are on the line. Prior to the conference, Plaintiff shall file proof of service of a valid subpoena on non-party PNI Litigation Trust ("PNI"), as successor in interest to Patriot National Inc. If it is unable to do so, Plaintiff shall be prepared during the conference to discuss its efforts to serve PNI. See Fed. R.Civ. P. 34 ("As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection."). Plaintiff's counsel shall promptly transmit a copy of this Order to counsel for PNI. (Telephone Conference set for 8/1/2019 at 03:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 7/19/2019) (jwh)
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Filing 34
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: July 9, 2019 Discovery Dispute (ECF No. 26). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. Motions referred to Stewart D. Aaron. (Signed by Judge George B. Daniels on 7/17/2019) (ama)
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Filing 33
ORDER granting #29 Motion for Laura E. Krabill to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 7/16/2019) (jwh)
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| Filing 32 LETTER RESPONSE in Opposition to Motion addressed to Judge George B. Daniels from Bradley J. Bondi dated July 16, 2019 re: #26 LETTER MOTION for Local Rule 37.2 Conference and Order to Compel addressed to Judge George B. Daniels from Marjorie J. Peerce dated July 9, 2019. . Document filed by Peter Kravitz. (Bondi, Bradley) |
| Filing 31 DECLARATION of Michael E. Dutko, Jr. in Support re: #13 MOTION to Dismiss Complaint.. Document filed by Steven M. Mariano. (Attachments: #1 Filing with SEC 10.5.15, #2 Back-to-Back Agreement)(Scherer, William) |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss Complaint. . Document filed by Steven M. Mariano. (Scherer, William) |
| Filing 29 MOTION for Laura E. Krabill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17243184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVI Investments, Inc.. (Attachments: #1 Affidavit 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Laura E. Krabill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17243184. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 28
ORDER granting #27 Motion for M. Norman Goldberg to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 7/12/2019) (ama)
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| Filing 27 MOTION for M. Norman Goldberger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17226680. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVI Investments, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Goldberger, Norman) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for M. Norman Goldberger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17226680. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 26 LETTER MOTION for Local Rule 37.2 Conference and Order to Compel addressed to Judge George B. Daniels from Marjorie J. Peerce dated July 9, 2019. Document filed by CVI Investments, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Peerce, Marjorie) |
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Filing 25
MEMO ENDORSEMENT on re: (24 in 1:19-cv-02960-GBD) Letter filed by CVI Investments, Inc., (209 in 1:16-cv-02787-GBD-SDA) Letter filed by CVI Investments, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/9/2019) (jwh)
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| Filing 24 CONSENT LETTER addressed to Judge George B. Daniels from Marjorie J. Peerce dated July 8, 2019 re: Coordinated Discovery and Protective Order in Related Cases. Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
| Filing 23 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss Complaint. . Document filed by CVI Investments, Inc.. (Peerce, Marjorie) |
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by CVI Investments, Inc.. ENDORSEMENT: SO ORDERED. (Set Deadlines/Hearing as to #13 MOTION to Dismiss: Responses due by 6/27/2019, Replies due by 7/15/2019. Oral Argument set for 8/7/2019 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/14/2019) (jwh)
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| Filing 21 CONSENT LETTER addressed to Judge George B. Daniels from Marjorie J. Peerce dated June 12, 2019 re: request for an extension of time to file an opposition to motion to dismiss. Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for William R. Scherer to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/10/2019) (ks)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Eric J. Hager to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/10/2019) (rj)
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| Filing 18 MOTION for William R. Scherer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17030838. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven M. Mariano. (Attachments: #1 Text of Proposed Order)(Scherer, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for William R. Scherer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17030838. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 17 MOTION for Eric J. Hager to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17025367. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven M. Mariano. (Attachments: #1 Text of Proposed Order)(Hager, Eric) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Eric J. Hager to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17025367. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Michael E. Dutko, Jr. to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/4/2019) (jwh)
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| Filing 15 DECLARATION of Michael E. Dutko, Jr. in Support re: #13 MOTION to Dismiss Complaint.. Document filed by Steven M. Mariano. (Attachments: #1 Exhibit 1 - Securities and Purchase Agr, #2 Exhibit 2 - Rescission and Exchange Agr, #3 Exhibit 3 - Amended and Restated Stock Back-to-Back Agr)(Dutko, Michael) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss Complaint. . Document filed by Steven M. Mariano. (Attachments: #1 Exhibit 1 - Securities Purchase Agr, #2 Exhibit 2 - Rescission and Exchange Agr, #3 Exhibit 3 - Amended and Restated Stock Back-to-Back Agr)(Dutko, Michael) |
| Filing 13 MOTION to Dismiss Complaint. Document filed by Steven M. Mariano.(Dutko, Michael) |
| Filing 12 MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven M. Mariano. (Attachments: #1 Text of Proposed Order)(Dutko, Michael) |
| Pro Hac Vice Fee Payment: for #12 MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17007692.(Dutko, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven M. Mariano. (Attachments: #1 proposed order)(Dutko, Michael) Modified on 5/29/2019 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #11 MOTION for Michael E. Dutko, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida; the filing fee was not paid;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb) |
| Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 5/8/2019, ( 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: Marjorie Joan Peerce, Norman Goldberger, Laura E. KrabillDefense Counsel: Michael Edward Dutko, Jr., William R. Scherer, Jimmy Wayne Mintz and Court Reporter present. (Vega, Elizabeth) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Steven M. Mariano waiver sent on 4/4/2019, answer due 6/3/2019. Document filed by CVI Investments, Inc.. (Peerce, Marjorie) |
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Filing 9
ORDER: An initial conference is scheduled for May 8, 2019 at 10:30 am. (Initial Conference set for 5/8/2019 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 4/9/2019) (mro)
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| CASE ACCEPTED AS RELATED. Create association to 2:16-cv-02767-GBD-SDA. Notice of Assignment to follow. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (bcu) |
| Magistrate Judge Stewart D. Aaron 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. (bcu) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Steven M. Mariano. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marjorie Joan Peerce. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 3 (Citizen or Subject of a Foreign Country);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge George B. Daniels as possibly related to 16-cv-2767. (jgo) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Steven M. Mariano, re: #1 Complaint. Document filed by CVI Investments, Inc.. (Peerce, Marjorie) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-00099-GBD. Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-2787-GBD-SDA. Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-2767-GBD-SDA. Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
| Filing 2 CIVIL COVER SHEET filed. (Peerce, Marjorie) |
| Filing 1 COMPLAINT against Steven M. Mariano. (Filing Fee $ 400.00, Receipt Number ANYSDC-16614750)Document filed by CVI Investments, Inc..(Peerce, Marjorie) |
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