Binn et al v. Bernstein et al
| Moreton Binn and Marisol F, LLC |
| Rockmore Investment Master Fund, L.P., Andrew D Perlman, Brian Daly, B3D, LLC, Andrew R. Heyer, Salvatore Giardina, Richard K Abbe and Bruce T Bernstein |
| Xpresspa Group, Inc. |
| 1:2019cv06122 |
| June 30, 2019 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Securities/Commodities |
| 28 U.S.C. § 1331 sv |
| Plaintiff |
Docket Report
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| Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/14/19 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 59 TRANSCRIPT of Proceedings re: conference held on 8/14/2019 before Judge Gregory H. Woods. 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 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019.(McGuirk, Kelly) |
Filing 58
ORDER WITHDRAWAL OF COUNSEL: Upon the accompanying declaration of Mario O. Gazzola, dated August 15, 2019; IT IS HEREBY ORDERED that Mario O. Gazzola hereby withdraws as counsel for Defendant Andrew D. Perlman and shall be removed from the Case Management/ Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Boies Schiller Flexner LLP will continue to represent Andrew D. Perlman in this proceeding. (Signed by Judge Gregory H. Woods on 8/15/2019) (cf)
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| Filing 57 DECLARATION of Mario O. Gazzola in Support re: #56 Proposed Order for Withdrawal of Attorney. Document filed by Andrew D Perlman. (Gazzola, Mario) |
| Filing 56 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Andrew D Perlman. (Gazzola, Mario) |
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Filing 55
ORDER. As discussed during the telephone conference held on August 14, 2019, the Court sets the following briefing schedule for Defendants' motions to dismiss: Defendants' motions to dismiss are due no later than September 30, 2019; Plaintiffs' oppositions are due no later than 30 days following service of the motions; Defendants' replies are due no later than 14 days following service of Plaintiffs' oppositions. Should Plaintiffs wish to file an amended complaint in response to the motions to dismiss, that amended complaint must be filed within 21 days of service of Defendants' motions. (HEREBY ORDERED by Judge Gregory H. Woods on August 15, 2019) (Text Only Order) (Daniels, Anthony)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/14/2019. (Court Reporter Kelly Surina) (Daniels, Anthony) |
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Filing 54
ORDER: granting #52 Letter Motion to Substitute Attorney. Francis J. Earley, John P. Sefick and Ellen Shapiro are granted leave to withdraw as counsel for Defendants Bruce T Bernstein, Richard K Abbe, Salvatore Giardina, Andrew R. Heyer, and Xpresspa Group, Inc. The Clerk of Court is instructed to remove Francis J. Earley, John P. Sefick and Ellen Shapiro from the list of counsel in this case. SO ORDERED. Attorney Ellen Shapiro; Francis John Earley and John Sefick terminated. (Signed by Judge Gregory H. Woods on 8/13/2019) (ama)
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| Filing 53 DECLARATION of Francis J. Earley, Withdrawing Counsel in Support re: #52 LETTER MOTION to Substitute Attorney. Old Attorney: Francis J. Earley, John P. Sefick, and Ellen Shapiro, New Attorney: Lawrence Gerschwer and Joshua Roth addressed to Judge Gregory H. Woods from Lawrence Gerschwer dated August 9, 2019.. Document filed by Richard K Abbe, B3D, LLC, Bruce T Bernstein, Brian Daly, Salvatore Giardina, Andrew R. Heyer, Rockmore Investment Master Fund, L.P., Xpresspa Group, Inc.. (Attachments: #1 Certificate of Service)(Gerschwer, Lawrence) |
| Filing 52 LETTER MOTION to Substitute Attorney. Old Attorney: Francis J. Earley, John P. Sefick, and Ellen Shapiro, New Attorney: Lawrence Gerschwer and Joshua Roth addressed to Judge Gregory H. Woods from Lawrence Gerschwer dated August 9, 2019. Document filed by Richard K Abbe, B3D, LLC, Bruce T Bernstein, Brian Daly, Salvatore Giardina, Andrew R. Heyer, Rockmore Investment Master Fund, L.P., Xpresspa Group, Inc..(Gerschwer, Lawrence) |
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Filing 51
STIPULATION AND ORDER REGARDING DISMISSAL OF ANDREW D. PERLMAN: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Mr. Perlman shall be, and hereby is, dismissed without prejudice from the Action. This Stipulation may be signed in counterparts and may be transmitted by electronic mail or by facsimile, and may be filed with the Clerk of the Court without further notice to any party. Plaintiff and Defendant Andrew D. Perlman have stipulated to the dismissal of Plaintiff's claims against Mr. Perlman without prejudice. The Clerk of Court is directed to remove Mr. Perlman's name from the caption of this case. SO ORDERED., Andrew D. Perlman terminated. (Signed by Judge Gregory H. Woods on 8/08/2019) (ama)
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| Filing 50 PROPOSED STIPULATION AND ORDER. Document filed by Moreton Binn, Marisol F, LLC. (Felicello, Rosanne) |
| Filing 49 LETTER addressed to Judge Gregory H. Woods from Michael James Maloney dated August 7, 2019 re: pre-motion conference. Document filed by Moreton Binn, Marisol F, LLC.(Maloney, Michael) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Rosanne Felicello to RE-FILE Document #48 Notice of Voluntary Dismissal. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. The stipulation also needs to have handwritten signatures of the attorneys. (km) |
| Filing 48 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Andrew D Perlman. Document filed by Marisol F, LLC, Moreton Binn. Proposed Order to be reviewed by Clerk's Office staff.. (Felicello, Rosanne) Modified on 8/7/2019 (km). |
| Filing 47 LETTER addressed to Judge Gregory H. Woods from Jaime D. Sneider dated August 6, 2019 re: Stipulation of Voluntary Dismissal of Andrew D. Perlman. Document filed by Andrew D Perlman.(Sneider, Jaime) |
| Filing 46 MEMO ENDORSEMENT on re: #40 Letter. ENDORSEMENT: Application granted. The Court will discuss Defendants' proposed motion to dismiss during the pre-motion conference currently scheduled for August 14, 2019 at 1:00 p.m. (Pre-Motion Conference set for 8/14/2019 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/6/2019) (jwh) |
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Filing 45
MEMO ENDORSEMENT: on re: #43 Letter filed by Richard K Abbe. ENDORSEMENT: Application granted. The Court will discuss Defendant's proposed motion to dismiss during the pre-motion conference currently scheduled for August 14, 2019 at 1:00 p.m. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/06/2019) (ama)
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| Filing 44 NOTICE OF APPEARANCE by Joshua Daniel Roth on behalf of Richard K Abbe, B3D, LLC, Bruce T Bernstein, Brian Daly, Salvatore Giardina, Andrew R. Heyer, Rockmore Investment Master Fund, L.P., Xpresspa Group, Inc.. (Roth, Joshua) |
| Filing 43 LETTER addressed to Judge Gregory H. Woods from Christopher J. Clark dated August 5, 2019 re: Joinder to Pre-motion Letters and Additional Reasons for Dismissal. Document filed by Richard K Abbe.(Clark, Christopher) |
| Filing 42 NOTICE OF APPEARANCE by Sandeep Savla on behalf of Richard K Abbe. (Savla, Sandeep) |
| Filing 41 NOTICE OF APPEARANCE by Christopher J. Clark on behalf of Richard K Abbe. (Clark, Christopher) |
| Filing 40 LETTER addressed to Judge Gregory H. Woods from Lawrence Gerschwer dated August 5, 2019 re: request for pre-motion conference. Document filed by Richard K Abbe, B3D, LLC, Bruce T Bernstein, Brian Daly, Salvatore Giardina, Andrew R. Heyer, Xpresspa Group, Inc..(Gerschwer, Lawrence) |
| Filing 39 NOTICE OF APPEARANCE by Lawrence Gerschwer on behalf of Richard K Abbe, B3D, LLC, Bruce T Bernstein, Brian Daly, Salvatore Giardina, Andrew R. Heyer, Xpresspa Group, Inc.. (Gerschwer, Lawrence) |
| Filing 38 MEMO ENDORSEMENT on re: #32 Letter filed by Andrew D Perlman. ENDORSEMENT: Application granted. The Court will hold a teleconference regarding Defendant Perlman's and Defendants Bernstein, Abbe, Giardina, Heyer, and XpresSpa Group, Inc's proposed motions to dismiss on August 14, 2019 at 1:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Telephone Conference set for 8/14/2019 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 7/31/2019) (jwh) |
| Filing 37 LETTER addressed to Judge Gregory H. Woods from Francis J. Earley dated July 31, 2019 re: request for pre-motion conference. Document filed by Richard K Abbe, Bruce T Bernstein, Salvatore Giardina, Andrew R. Heyer, Xpresspa Group, Inc..(Earley, Francis) |
| Filing 36 NOTICE OF APPEARANCE by Ellen Shapiro on behalf of Richard K Abbe, Bruce T Bernstein, Salvatore Giardina, Andrew R. Heyer, Xpresspa Group, Inc.. (Shapiro, Ellen) |
| Filing 35 NOTICE OF APPEARANCE by John Sefick on behalf of Richard K Abbe, Bruce T Bernstein, Salvatore Giardina, Andrew R. Heyer, Xpresspa Group, Inc.. (Sefick, John) |
| Filing 34 NOTICE OF APPEARANCE by Francis John Earley on behalf of Richard K Abbe, Bruce T Bernstein, Salvatore Giardina, Andrew R. Heyer, Xpresspa Group, Inc.. (Earley, Francis) |
| Filing 33 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference and Individual Rules of Practice served on XpresSpa Group, Inc., Bruce T. Bernstein, Salvatore Giardina, Andrew R. Heyer, Richard K. Abbe, Andrew Perlman, B3D, LLC on 7/26/19. Service was made by Mail. Document filed by Moreton Binn, Marisol F, LLC. (Felicello, Rosanne) |
| Filing 32 LETTER addressed to Judge Gregory H. Woods from Jaime D. Sneider dated July 31, 2019 re: request for pre-motion conference. Document filed by Andrew D Perlman.(Sneider, Jaime) |
| Filing 31 SUMMONS RETURNED EXECUTED Summons and Complaint, served. B3D, LLC served on 7/15/2019, answer due 8/5/2019. Service was accepted by Thomas Gorman, Registered Agent. Document filed by Marisol F, LLC; Moreton Binn. (Felicello, Rosanne) |
| Filing 30 NOTICE OF APPEARANCE by Jaime David Sneider on behalf of Andrew D Perlman. (Sneider, Jaime) |
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Filing 29
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/18/2019 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.(As further set foth in this Order.) (Signed by Judge Gregory H. Woods on 7/10/2019) (cf)
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| Filing 28 ELECTRONIC SUMMONS ISSUED as to Rockmore Investment Master Fund, L.P.. (dnh) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Andrew D Perlman. (dnh) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Andrew R. Heyer. (dnh) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Salvatore Giardina. (dnh) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Brian Daly. (dnh) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Bruce T Bernstein. (dnh) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to B3D, LLC. (dnh) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Richard K Abbe. (dnh) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Rockmore Investment Master Fund, L.P., re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew D. Perlman, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew R. Heyer, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Salvatore Giardina, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Brian Daly, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Bruce T. Bernstein, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to B3D, LLC, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Richard K. Abbe, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 17 Civ. 8594 and declined by Judge Louis L. Stanton and returned to wheel for assignment. (ad) |
| Magistrate Judge Henry B. Pitman 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. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Rockmore Investment Master Fund, L.P., re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew D. Perlman, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew R. Heyer, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Salvatore Giardina, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Brian Daly, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Bruce T. Bernstein, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to B3D, LLC, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Richard K. Abbe, re: #1 Complaint,. Document filed by Moreton Binn, Marisol F, LLC. (Maloney, Michael) Modified on 7/1/2019 (dnh). |
| Filing 4 NOTICE OF APPEARANCE by Rosanne Elena Felicello on behalf of Moreton Binn, Marisol F, LLC. (Felicello, Rosanne) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-cv-8594. Document filed by Moreton Binn, Marisol F, LLC.(Maloney, Michael) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael James Maloney to RE-FILE Document No. #6 Request for Issuance of Summons, #7 Request for Issuance of Summons, #9 Request for Issuance of Summons, #10 Request for Issuance of Summons, #12 Request for Issuance of Summons, #11 Request for Issuance of Summons, #8 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must exactly match the caption on the pleading. If the entire caption does not fit, list the leading defendant followed by 'et al'. 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael James Maloney. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 370 (Other Fraud); Arbitration code e (Exempt); County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 850 (Securities/Commodities); the Arbitration code has been deleted; the County code has been modified to XX Out of State. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael James Maloney. The party information for the following party/parties has been modified: Marisol F, LLC ; Rockmore Investment Master Fund, Ltd. ; Xpresspa Group, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted. (dnh) |
| CASE REFERRED TO Judge Louis L. Stanton as possibly related to 1:17-cv-08594-LLS. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Maloney, Michael) |
| Filing 1 COMPLAINT against Richard K Abbe, B3D, LLC, Bruce T Bernstein, Brian Daly, Salvatore Giardina, Andrew R. Heyer, Andrew D Perlman, Rockmore Investment Master Fund, Ltd., Xpresspa Group, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17169778)Document filed by Marisol F, LLC, Moreton Binn.(Maloney, Michael) |
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