Ash v. Maglan Capital Holdings LLC et al
| Isaac E. Ash |
| Maglan Capital Holdings LLC, David D. Tawil, Joseph J Sitt, Shlomo Azarbad, Maglan Distressed Fund LP and Maglan Capital LP |
| 1:2019cv05650 |
| June 18, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.
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Filing 92
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to a settlement agreement between Plaintiff Issac Ash ("Plaintiff") and Defendants Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil and Shlomo Azarbad ("Defendants")(collectively, the "Parties"), the Parties, by their respective attorneys and under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, hereby stipulate that the above-captioned action is dismissed with prejudice. The Parties further stipulate that each party shall bear its own attorneys' fees, costs, and expenses. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/6/2021) (va)
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| Filing 91 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Isaac E. Ash. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Whalen, Ryan) |
| Terminate Transcript Deadlines (km) |
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Filing 90
ORDER granting #89 JOINT LETTER MOTION for Extension of Time to File and Notice of Settlement. The Court extends the deadline for the filing of a joint pretrial order and for opening motions in limine by one week, until April 5, 2021, and the deadline for oppositions to motions in limine until April 7, 2021. These deadlines will not be further extended. That is because, in the event that the parties do not complete the process of settlement, the trial in this case must and will go forward on the dates the Court has set aside (April 20-23). Counsel are therefore advised to complete the settlement process, and submit a stipulation of discontinuance, on or before April 5, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/26/2021) (jca)
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| Filing 89 JOINT LETTER MOTION for Extension of Time to File and Notice of Settlement addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated March 26, 2021. Document filed by Isaac E. Ash..(Whalen, Ryan) |
| Set/Reset Deadlines: Motions due by 4/5/2021. Pretrial Order due by 4/5/2021. Responses due by 4/7/2021 (jca) |
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Filing 88
ORDER: Due to a scheduling conflict, the final telephonic conference currently scheduled for April 5, 2021 at 3:00 p.m. is rescheduled for April 6, 2021 at 2:00 p.m. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/honpaul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. SO ORDERED. (Telephone Conference set for 4/6/2021 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/25/2021) (jca)
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Filing 87
ORDER denying #65 Motion for Partial Summary Judgment. For the foregoing reasons, the Court denies Ashs motion for partial summary judgment. The Clerk of Court is respectfully directed to terminate the motion pending at docket 65. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/24/2021) (jca)
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Filing 86
ORDER granting #85 Letter Motion for Extension of Time. Granted. SO ORDERED. Motions due by 3/29/2021. Pretrial Order due by 3/29/2021. (Signed by Judge Paul A. Engelmayer on 3/22/2021) (jca)
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| Set/Reset Deadlines: Responses due by 4/1/2021 (jca) |
| Filing 85 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated March 19, 2021. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
| Filing 84 DECLARATION of David D Tawil in Opposition re: #65 MOTION for Partial Summary Judgment .. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil. (Attachments: #1 Exhibit Purchase records of MDLNF shares, #2 Exhibit SEDI files, #3 Exhibit newsletter 11 10 14, #4 Exhibit newsletter 10 16 13, #5 Exhibit newsletter 6 16 16, #6 Exhibit letter 2 7 19, #7 Exhibit resolution 4 7 19, #8 Exhibit agreement 4 2 19, #9 Exhibit LPA, #10 Errata email 12 4 14, #11 Exhibit email 3 27 15, #12 Exhibit bloomberg screen).(Orel, Stephen) |
| Filing 83 MEMORANDUM OF LAW in Opposition re: #65 MOTION for Partial Summary Judgment . . Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil. (Attachments: #1 Exhibit SEC Brief in Longfin).(Orel, Stephen) |
| Filing 82 RESPONSE in Opposition to Motion re: #65 MOTION for Partial Summary Judgment . . Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
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Filing 81
ORDER granting #80 LETTER MOTION for Leave to File Exhibit in Support of Motion for Summary Judgment. Granted. Plaintiff may file the responses as Exhibit 30 to the motion for summary judgment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/4/2021) (jca)
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| Filing 80 LETTER MOTION for Leave to File Exhibit in Support of Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated March 3, 2021. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 30 - Defendants' Responses to Plaintiff's Requests for Admission).(Whalen, Ryan) |
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Filing 79
ORDER granting in part #76 Letter Motion for Extension of Time to File Response/Reply re #76 LETTER MOTION for Extension of Time to File Response/Reply as to #64 Order, #68 Declaration in Support of Motion, #74 Rule 56.1 Statement, #71 Memorandum of Law in Support of Motion, #69 Declaration in Support of Motion. The Court will grant a limited extension. The Court adopts the following modified schedule. Defendants' opposition to the motion for summary judgment is due March 12, 2021. The joint pretrial order and motions in limine are due March 26, 2021. Oppositions to motions in limine are due March 31, 2021. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 3/2/2021) (jca)
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Filing 78
MEMO ENDORSEMENT on re: #77 Letter filed by Isaac E. Ash. ENDORSEMENT: The Court appreciates this notification. To be clear, the Court has not chosen a teleconferencing vendor and does not a have a preferred vendor. The parties are to propose and retain a vendor and to do so expeditiously. The vendor identified in the sample order that the Court furnished to the parties merely reflected the vendor whom the parties in that separate case chose. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/2/2021) (jca)
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| Filing 77 JOINT LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 3/1/2021 re: Remote Trial Procedure. Document filed by Isaac E. Ash..(Whalen, Ryan) |
| Filing 76 LETTER MOTION for Extension of Time to File Response/Reply as to #64 Order, Set Deadlines/Hearings,,,,,,,,,,,,,, #68 Declaration in Support of Motion, #74 Rule 56.1 Statement, #71 Memorandum of Law in Support of Motion, #69 Declaration in Support of Motion, #67 Declaration in Support of Motion,, #65 MOTION for Partial Summary Judgment ., #72 Declaration in Support of Motion, #75 Declaration in Support of Motion, #73 Memorandum of Law in Support of Motion, #70 Declaration in Support of Motion, #66 Declaration in Support of Motion, addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated March 1, 2021. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
| Set/Reset Deadlines: Motions due by 3/26/2021. Pretrial Order due by 3/26/2021. Responses due by 3/31/2021 (jca) |
| Filing 75 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 16 - Centaurus April 2020 Presentation).(Whalen, Ryan) |
| Filing 74 RULE 56.1 STATEMENT. Document filed by Isaac E. Ash..(Whalen, Ryan) |
| Filing 73 MEMORANDUM OF LAW in Support re: #65 MOTION for Partial Summary Judgment . . Document filed by Isaac E. Ash..(Whalen, Ryan) |
| Filing 72 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 27 - 4/8/16 Maglan Letter, #2 Exhibit 28 - No Action Letter, #3 Exhibit 29 - Plaintiff's First Document Response).(Whalen, Ryan) |
| Filing 71 MEMORANDUM OF LAW in Support re: #65 MOTION for Partial Summary Judgment . . Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 20 - 3/25/20 Centaurus Press Release, #2 Exhibit 21 - Emails, #3 Exhibit 22 - Emails, #4 Exhibit 23 - Emails, #5 Exhibit 24 - Emails, #6 Exhibit 25 - Emails, #7 Errata 26 - Emails).(Whalen, Ryan) |
| Filing 70 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 18 - Amended and Restated Convertible Loan Agreement, #2 Exhibit 19 - Centaurus Annual Information Form YE 12/31/19).(Whalen, Ryan) |
| Filing 69 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 17 - 1/24/17 Maglan Letter).(Whalen, Ryan) |
| Filing 68 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 15 - Early Warning Report).(Whalen, Ryan) |
| Filing 67 DECLARATION of Ryan J. Whalen in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 6 - Maglan Form D, #2 Exhibit 7- Maglan Subscription Documents, #3 Exhibit 8 - Maglan Private Placement Memorandum, #4 Exhibit 9 - 12/8/14 Maglan Letter, #5 Exhibit 10 - 1/16/15 Maglan Letter, #6 Exhibit 11- 1/26/15 Press Release, #7 Exhibit 12 - Olshan Release, #8 Exhibit 13 - 2/11/15 Maglan Letter, #9 Exhibit 14 - 3/11/16 Maglan Letter).(Whalen, Ryan) |
| Filing 66 DECLARATION of Ryan J. Whalen, Esq. in Support re: #65 MOTION for Partial Summary Judgment .. Document filed by Isaac E. Ash. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Answer, #3 Exhibit 3 - S. Azarbad Dep. Transcript, #4 Exhibit 4 - D. Tawil Dep. Transcript, #5 Exhibit 5 -I. Ash Deposition Transcript).(Whalen, Ryan) |
| Filing 65 MOTION for Partial Summary Judgment . Document filed by Isaac E. Ash. Responses due by 3/5/2021.(Whalen, Ryan) |
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Filing 64
ORDER: A bench trial in this case, conducted via remote video technology, is scheduled for April 20-23, 2021. This order sets deadlines for the parties' pretrial submissions. The parties' Joint Pretrial Order is due March 16, 2021. By that date, the parties shall submit a Joint Pretrial Order prepared in accordance with the Court's Individual Rules and Practices governing bench trials, available at https://nysd.uscourts.gov/hon-paul-engelmayer, and Federal Rule of Civil Procedure 26(a)(3). As reflected in the Court's order of February 16, 2021, Dkt. 61, the Court will receive witness testimony live, rather than receiving the direct testimony of party witnesses by declaration. There is, accordingly, no need to submit such declarations as part of the Joint Pretrial Order. Any motions in limine must be filed by March 16, 2021. Any oppositions to motions in limine are due March 23, 2021. Proposed findings of fact and conclusions of law should be submitted with the Joint Pretrial Order. The Court schedules a final pretrial telephonic conference for April 5, 2021 at 3 p.m. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. SO ORDERED. (Motions due by 3/16/2021, Pretrial Order due by 3/16/2021, Responses due by 3/23/2021, Telephone Conference set for 4/5/2021 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/24/2021) (jca)
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Filing 63
ORDER: A bench trial in this case, conducted via remote video technology, is scheduled for the period April 20 to 23, 2021. The Courts intention is shortly to issue an order, consistent with the attached order issued by Judge Furman in the recent case of The State of New York Ex Rel. Vinod Khurana v. Spherion Corp, No. 15 Civ. 6605 (JMF) (S.D.N.Y.), concretely addressing the means by which the trial will proceed. The Court asks counsel, by Monday, March 1, 2021, to submit a joint letter, notifying the Court of the teleconferencing and videoconferences platforms that they propose to use for trial, and advising the Court of any modifications they believewarranted to the procedures set out in the attach ed order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/22/2021) (jca)
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| Filing 62 LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 2/19/2021 re: Trial dates and procedure. Document filed by Isaac E. Ash..(Whalen, Ryan) |
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Filing 61
ORDER, The Court has been advised that both parties now consent to a bench trial. Dkt. 59. The Court looks forward to such a trial. As to the dates when trial will be held, the Court's schedule is generally open between April 15, 2021 and April 23, 2021, with the exception of April 19. The Court would propose to set aside three to four days during that period for this trial. The Court directs counsel, by Friday, February 19, 2021, to submit a joint letter addressing counsels' days of availability during that time period (and confirming that 3-4 days should suffice for trial). As to the means by which trial will proceed, the Court is willing to conduct this bench trial by remote means, provided that all parties consent. The Court directs the counsel to confer, and, should all parties agree, affirm in the letter due Friday, February 19 that that all parties agree to proceed remotely. For counsels' planning purposes, the Court's intention is to receive witness testimony live, rather than receiving the direct testimony of party witnesses by declaration, as the Court understands such to be counsels' preference. Finally, based on the colloquy at the February 8, 2021, pre-motion conference, the Court's judgment is that is efficient to brief one discrete summary judgment motion before trial, as it has the capacity to moot the trial altogether. On that premise, the Court therefore authorizes (but does not require) plaintiff to move for summary judgment on that limited issue. Should plaintiff wish to do so, plaintiffs motion and supporting materials are due February 26, 2021. Defendants' opposition is due March 5, 2021. The Court does not invite a reply. In the interest of conserving the parties resources, the Court will not, however, entertain summary judgment briefing on other issues. SO ORDERED. ( Motions due by 2/26/2021., Responses due by 3/5/2021) (Signed by Judge Paul A. Engelmayer on 2/16/21) (yv)
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| Filing 60 LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 2.16.21 re: Update on settlement. Document filed by Isaac E. Ash..(Whalen, Ryan) |
| Filing 59 LETTER addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated February 9, 2021 re: Waiver of Jury Trial. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Pre-Motion Conference held on 2/8/2021. (ajs) |
| Filing 58 LETTER MOTION for Leave to File letter-motion for leave to file motion for partial summary judgment addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 2/5/2021. Document filed by Isaac E. Ash..(Whalen, Ryan) |
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Filing 57
ORDER granting #54 Letter Motion for Conference: Defendants have filed a letter indicating that they intend to file a motion for summary judgment. Dkt. 54. The case management conference presently scheduled for February 8, 2021 at 10:30 a.m. is therefore converted to a pre-motion conference and is rescheduled for 2:00 p.m. the same day. Plaintiff's response letter is due by Friday, February 5, 2021 at 5:00 p.m. Due to the current public health situation, this conference will be a telephonic conference. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. (Pre-Motion Conference set for 2/8/2021 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/3/2021) (jwh)
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| Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/6/20 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 55 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/6/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Carol Ganley, (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 2/24/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/4/2021..(McGuirk, Kelly) |
| Set/Reset Deadlines: Responses due by 2/5/2021 (jwh) |
| Filing 54 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated January 22, 2021. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
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Filing 53
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 1/8/2021. Fact Discovery due by 1/8/2021. Expert Discovery due by 1/29/2021. Case Management Conference set for 2/8/2021 at 10:30 AM before Judge Paul A. Engelmayer. Counsel for the parties have conferred and their present best estimate of the length of trial is three (3) days. (Signed by Judge Paul A. Engelmayer on 11/9/2020) (ks)
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| Filing 52 PROPOSED SCHEDULING ORDER. Document filed by Isaac E. Ash..(Whalen, Ryan) |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held telephonically on 11/4/2020. No settlement was achieved. (Potter, Elizabeth) |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: The settlement conference scheduled for October 28, 2020 was adjourned to November 4, 2020 at 2:30 p.m. (Potter, Elizabeth) |
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Filing 51
ORDER: In light of the parties' upcoming settlement conference with Judge Fox, the case management conference presently scheduled for October 29, 2020 at 10:30 a.m. is rescheduled to November 6, 2020 at 2:00 p.m. (Case Management Conference set for 11/6/2020 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/23/2020) (jwh)
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Filing 50
ORDER: The settlement conference scheduled previously for the parties will be held via telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. The parties are to comply with the Court's settlement procedures located on the court's website, except that the respective confidential settlement conference writings should be sent via email to: elizabeth_potter@nysd.uscourts.gov. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/19/2020) (jca)
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| Set/Reset Hearings: Telephone Conference set for 10/28/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (jca) Modified on 10/19/2020 (jca). |
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Filing 49
ORDER granting #48 Letter Motion to Adjourn Conference Settlement Conference set for 10/28/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 48 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Stephen H. Orel dated October 6, 2020. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
| Set/Reset Hearings: Settlement Conference set for 10/29/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (va) |
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Filing 47
ORDER granting #46 Letter Motion to Adjourn Conference. The settlement conference shall be held on October 29,2020, at 2:30 p.m. SO ORDERED. Settlement Conference set for 10/29/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/5/2020) (va) Modified on 10/15/2020 (va).
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| Filing 46 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Stephen H. Orel dated October 5, 2020. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, David D. Tawil..(Orel, Stephen) |
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Filing 45
ORDER: IT IS HEREBY ORDERED that the settlement conference scheduled previously in the above-captioned action for October 7, 2020, shall be held on October 5, 2020, at 2:30 p.m. SO ORDERED. ( Telephone Conference set for 10/5/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/16/2020) (va)
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Filing 44
ORDER: IT IS HEREBY ORDERED that the settlement conference scheduled previously in theabove-captioned action for September 24, 2020, shall be held on October 7, 2020, at 2:30 p.m. SO ORDERED. ( Telephone Conference set for 10/7/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/20/2020) (va)
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Filing 43
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above captioned action on September 24, 2020, at 2:30 p.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 9/24/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/15/2020) (va)
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Filing 42
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Fact Discovery due by 10/1/2020. Deposition due by 10/1/2020. Expert Discovery due by 11/16/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is three (3) days. Case Management Conference set for 10/29/2020 at 10:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/30/2020) (jwh) Modified on 7/7/2020 (jwh).
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Filing 41
MEMO ENDORSEMENT on re: #40 Proposed Scheduling Order filed by Isaac E. Ash. ENDORSEMENT: Granted. The Court adopts the parties' proposed discovery schedule. The July 30, 2020 case management conference is adjourned until October 29, 2020 at 10:30 a.m. (Signed by Judge Paul A. Engelmayer on 6/30/2020) (jwh)
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| Filing 40 PROPOSED SCHEDULING ORDER. Document filed by Isaac E. Ash. (Attachments: #1 Text of Proposed Order).(Whalen, Ryan) |
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Filing 39
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #38 Letter Motion to Adjourn Conference; granting #38 Letter Motion for Extension of Time to Complete Discovery: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. All fact discovery shall be completed no later than June 30, 2020. Depositions to be completed by June 30, 2020. All expert discovery shall be completed no later than August 15, 2020. Counsel for the parties have conferred and their present best estimate of the length of trial is three (3) days. The next Case Management Conference is scheduled for at July 30, 2020 10 a.m. (Signed by Judge Paul A. Engelmayer on 4/2/2020) (jwh)
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| Set/Reset Deadlines: Deposition due by 6/30/2020. Expert Discovery due by 8/15/2020. Fact Discovery due by 6/30/2020. Set/Reset Hearings: Case Management Conference set for 7/30/2020 at 10:00 AM before Judge Paul A. Engelmayer. (jwh) |
| Filing 38 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 3.31.30., LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Ryan J. Whalen dated 3.31.30. Document filed by Isaac E. Ash. (Attachments: #1 Text of Proposed Order).(Whalen, Ryan) |
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Filing 37
ORDER: A case management conference is scheduled for April 28, 2020 at 9:30 a.m. Dkt. 34. That conference is rescheduled for April 28, 2020 at 10:30 a.m. Due to the current public health situation, it will be a telephonic conference. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. If either party wishes to move for summary judgment, they are to file a pre- motion letter no later than 14 days following the close of fact discovery, in accordance with Rule 3.H of the Court's Individual Rules. SO ORDERED. (Case Management Conference set for 4/28/2020 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/27/2020) (jca)
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Filing 36
ORDER: IT IS HEREBY ORDERED that the settlement conference scheduled previously in the above captioned action for January 23, 2020, shall be held on February 5, 2020, at 2:30 p.m., in courtroom 228, 40 Centre Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/14/2020) ( Settlement Conference set for 2/5/2020 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (ks)
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Filing 35
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on January 23, 2020, at 10:30 a.m., in courtroom 228, 40 Centre Street, New York, New York. The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, a copy of which is being provided to the parties with this Order. Additionally, at least seven days prior to the settlement conference, the parties must confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/18/2019) ( Settlement Conference set for 1/23/2020 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (ks)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 10/29/2019. Ryan Whalen present for Plaintiff. Stephen Orel present for Defendants. (ajs) |
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Filing 34
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 3/31/2020. Non-Expert Deposition due by 3/31/2020. Expert Discovery due by 5/15/2020. Expert Deposition due by 5/15/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is three days. Case Management Conference set for 4/28/2020 at 09:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 10/29/2019) (jwh) Modified on 12/12/2019 (jwh).
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Filing 33
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. Plaintiff's counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. (Signed by Judge Paul A. Engelmayer on 10/29/2019) (jwh) Modified on 12/12/2019 (jwh).
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| Filing 32 JOINT LETTER addressed to Judge Paul A. Engelmayer from Ryan J. Whalen, counsel for Plaintiff dated 10/23/19 re: Joint Letter in re Initial Pretrial Conference. Document filed by Isaac E. Ash.(Whalen, Ryan) |
| Filing 31 PROPOSED CASE MANAGEMENT PLAN. Document filed by Isaac E. Ash. (Whalen, Ryan) |
| Filing 30 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and upon agreement of counsel for all parties, Plaintiff Isaac E. Ash hereby discontinues this action against Defendant Joseph J. Sitt only, with prejudice, and without costs to either party. (Joseph J Sitt terminated.) (Signed by Judge Paul A. Engelmayer on 10/21/2019) (jwh) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #29 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 29 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Joseph J Sitt and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph J Sitt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Orel, Stephen) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Orel, Stephen. RE-FILE Document No. #28 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. Before refiling change title of document to Stipulation of Voluntary Dismissal. (tp) |
| Filing 28 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Plaintiffs and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph J Sitt, David D. Tawil, Maglan Capital Holdings LLC, Maglan Distressed Fund LP, Maglan Capital LP, Shlomo Azarbad. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Orel, Stephen) Modified on 10/18/2019 (tp). |
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Filing 27
ORDER granting #26 Letter Motion to Adjourn Conference: The Court appreciates this letter. The initial pretrial conference will be adjourned until October 29, 2019 at 2:30 p.m. (Initial Conference set for 10/29/2019 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/27/2019) (jwh)
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| Filing 26 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated September 27, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
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Filing 25
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/8/2019 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer, as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 9/9/2019) (jwh)
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| Filing 24 ANSWER to #1 Complaint. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
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Filing 23
ORDER granting #22 SECOND LETTER MOTION for Extension of Time to File Answer re: #21 Order on Motion for Extension of Time to Answer #1 Complaint. Granted. The parties should not expect further extensions. SO ORDERED. Shlomo Azarbad answer due 9/6/2019; Maglan Capital Holdings LLC answer due 9/6/2019; Maglan Capital LP answer due 9/6/2019; Maglan Distressed Fund LP answer due 9/6/2019; Joseph J Sitt answer due 9/6/2019; David D. Tawil answer due 9/6/2019. (Signed by Judge Paul A. Engelmayer on 8/15/2019) (jca)
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| Filing 22 SECOND LETTER MOTION for Extension of Time to File Answer re: #21 Order on Motion for Extension of Time to Answer,, #1 Complaint addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated August 14, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
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Filing 21
ORDER granting #20 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated July 11, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil. Granted. So ordered. Shlomo Azarbad answer due 8/19/2019; Maglan Capital Holdings LLC answer due 8/19/2019; Maglan Capital LP answer due 8/19/2019; Maglan Distressed Fund LP answer due 8/19/2019; Joseph J. Sitt answer due 8/19/2019; David D. Tawil answer due 8/19/2019. (Signed by Judge Paul A. Engelmayer on 7/11/2019) (rjm)
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| Filing 20 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from Stephen H. Orel dated July 11, 2019. Document filed by Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil.(Orel, Stephen) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Maglan Capital Holdings LLC.(Orel, Stephen) |
| Filing 18 NOTICE OF APPEARANCE by Stephen Howard Orel on behalf of Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil. (Orel, Stephen) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to David D. Tawil. (dnh) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to David D. Tawil, re: #1 Complaint. Document filed by Isaac E. Ash. (Parks, Kari) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Shlomo Azarbad. (jgo) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Maglan Distressed Fund LP. (jgo) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Maglan Capital LP. (jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Maglan Capital Holdings LLC. (jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Joseph J Sitt. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Martin H. Kaplan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:78;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:77;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Martin H. Kaplan to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match initial pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 10 NOTICE OF APPEARANCE by Kari Parks on behalf of Isaac E. Ash. (Parks, Kari) |
| Filing 9 NOTICE OF APPEARANCE by Ryan James Whalen on behalf of Isaac E. Ash. (Whalen, Ryan) |
| Filing 8 CIVIL COVER SHEET filed. (Kaplan, Martin) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph J. Sitt, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Shlomo Azarbad, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to David E. Tawil, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) Modified on 6/19/2019 (jgo). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Maglan Distressed Fund LP, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Maglan Capital LP, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Maglan Capital Holdings LLC, re: #1 Complaint. Document filed by Isaac E. Ash. (Kaplan, Martin) |
| Filing 1 COMPLAINT against Shlomo Azarbad, Maglan Capital Holdings LLC, Maglan Capital LP, Maglan Distressed Fund LP, Joseph J Sitt, David D. Tawil. (Filing Fee $ 400.00, Receipt Number ANYSDC-17101517)Document filed by Isaac E. Ash.(Kaplan, Martin) |
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