Ellenville LLC v. Museum of World War II Inc.
Plaintiff: Ellenville LLC
Defendant: Museum of World War II Inc.
Case Number: 1:2019cv07020
Filed: July 26, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2019 Filing 40 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) Museum of World War II Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ellenville LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Kiernan, John)
September 12, 2019 Opinion or Order Filing 39 STIPULATION AND ORDER, IT IS HEREBY STIPULATED by and between the undersigned that the time for Ellenville LLC to answer or otherwise respond to the Counterclaim of Museum of World War II Inc. is extended until October 30, 2019. SO ORDERED. Ellenville LLC answer due 10/30/2019., Motions terminated: #38 LETTER MOTION for Extension of Time to answer or otherwise respond to Counterclaim addressed to Judge Edgardo Ramos from John S. Kiernan dated September 9, 2019. filed by Ellenville LLC. (Signed by Judge Edgardo Ramos on 9/12/2019) (kv)
September 9, 2019 Filing 38 LETTER MOTION for Extension of Time to answer or otherwise respond to Counterclaim addressed to Judge Edgardo Ramos from John S. Kiernan dated September 9, 2019. Document filed by Ellenville LLC. (Attachments: #1 Stipulation and [Proposed] Order)(Kiernan, John)
September 4, 2019 Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/23/19 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)
September 4, 2019 Filing 36 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/23/2019 before Judge Edgardo Ramos. Court Reporter/Transcriber: Karen Gorlaski, (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 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019.(McGuirk, Kelly)
August 30, 2019 Opinion or Order Filing 35 ORDER granting #11 Motion for Preliminary Injunction. IT IS HEREBY ORDERED that until all items listed in Exhibit A of the March 22, 2018 Contract of Sale(the "Collection") have been received from the Museum of World War II Inc. ("Museum"), and all disputes about whether items belong to the Collection have been resolved, the Museum shall provide Ellenville's representatives unrestrained access during regular business hours from Monday to Friday to the Museum and Ellenville's Collection except during holidays, insofar as Ellenville so requests, for purposes of inspecting, inventorying, and cataloguing the Collection and facilitating the process of resolving what items belong to the Collection. IT IS FURTHER ORDERED that commencing no later than September 4, 2019, the parties will meet in good faith to discuss the mechanics of removing the Collection from the Museum, and the Museum shall take such steps as are necessary to permit Ellenville's representatives to retrieve all items in the Museum's control that are undisputedly part of Ellenville's Collection, including but not limited to: (as further set forth in this Order). SO ORDERED. (Signed by Judge Edgardo Ramos on 8/30/2019) (kv)
August 27, 2019 Filing 34 PRELIMINARY INJUNCTION BOND # 76176929 in the amount of $ 500,000.00 posted by Ellenville LLC. (dt)
August 27, 2019 Filing 33 LETTER addressed to Judge Edgardo Ramos from Judd B. Grossman, Esq. dated August 27, 2019 re: Response to August 26, 2019, Letter and Proposed Order Submitted by Ellenville LLC. Document filed by Museum of World War II Inc.. (Attachments: #1 Exhibit 1 - August 23, 2019, Hearing Transcript)(Grossman, Judd)
August 26, 2019 Filing 32 DECLARATION of James Biewener re: #31 Letter . Document filed by Ellenville LLC. (Kiernan, John)
August 26, 2019 Filing 31 LETTER addressed to Judge Edgardo Ramos from John S. Kiernan dated August 26, 2019 re: Proposed Order. Document filed by Ellenville LLC. (Attachments: #1 Proposed Order, #2 Exhibit Contract of Sale)(Kiernan, John)
August 23, 2019 Minute Entry for proceedings held before Judge Edgardo Ramos: Motion Hearing held on 8/23/2019 re: #11 MOTION for Preliminary Injunction . filed by Ellenville LLC. Plaintiff's counsel present. Defendant's counsel present. For the reasons stated on the record, Plaintiff's motion for preliminary injunction is GRANTED. $500,000 bond to be posted by end of business, Monday, August 26, 2019. (jar)
August 23, 2019 Opinion or Order Filing 30 ORDER granting #26 Motion for David J. Hotelling to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
August 21, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for David James Hotelling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17462675. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 20, 2019 Filing 29 ANSWER to #1 Complaint,,., COUNTERCLAIM against Ellenville LLC. Document filed by Museum of World War II Inc..(Grossman, Judd)
August 20, 2019 Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Museum of World War II Inc..(Grossman, Judd)
August 20, 2019 Filing 27 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION for Preliminary Injunction . / Reply Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction. Document filed by Ellenville LLC. (Kiernan, John)
August 20, 2019 Filing 26 MOTION for David James Hotelling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17462675. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ellenville LLC. (Attachments: #1 Affidavit of David J. Hotelling, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Hotelling, David)
August 19, 2019 Filing 25 SUBPOENA ISSUED for Ronald S. Lauder on August 23, 2019 at 10:00 a.m..Document filed by Museum of World War II Inc..(Schuster, Sarah)
August 19, 2019 Filing 24 SUBPOENA ISSUED for Ellenville LLC on August 23, 2019 at 10:00 a.m..Document filed by Museum of World War II Inc..(Schuster, Sarah)
August 16, 2019 Filing 23 NOTICE OF MOTION HEARING: A motion hearing regarding Plaintiff's Motion for Preliminary Injunction will be held before the Hon. Edgardo Ramos, U.S.D.J. on August 23, 2019, at 10:00 a.m. at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, Courtroom 619. Motion Hearing set for 8/23/2019 at 10:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (ne)
August 13, 2019 Filing 22 DECLARATION of Susan Wilkins in Opposition re: #11 MOTION for Preliminary Injunction .. Document filed by Museum of World War II Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Grossman, Judd)
August 13, 2019 Filing 21 DECLARATION of Susan Farrington in Opposition re: #11 MOTION for Preliminary Injunction .. Document filed by Museum of World War II Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Grossman, Judd)
August 13, 2019 Filing 20 DECLARATION of Judd B. Grossman, Esq. in Opposition re: #11 MOTION for Preliminary Injunction .. Document filed by Museum of World War II Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Grossman, Judd)
August 13, 2019 Filing 19 DECLARATION of Andrew M. Grumet, Esq. in Opposition re: #11 MOTION for Preliminary Injunction .. Document filed by Museum of World War II Inc.. (Attachments: #1 Exhibit A)(Grossman, Judd)
August 13, 2019 Filing 18 MEMORANDUM OF LAW in Opposition re: #11 MOTION for Preliminary Injunction . . Document filed by Museum of World War II Inc.. (Grossman, Judd)
August 8, 2019 Filing 17 LETTER addressed to Judge Edgardo Ramos from John S. Kiernan dated August 8, 2019 re: attaching redacted Exhibit B to Complaint. Document filed by Ellenville LLC. (Attachments: #1 Exhibit B to Complaint - Collection Purchase Contract)(Kiernan, John)
August 2, 2019 Opinion or Order Filing 16 ORDER granting #15 Motion to Seal Document. The application is granted. (Signed by Judge Lorna G. Schofield on 8/2/2019) (cf) Transmission to Sealed Records Clerk for processing.
August 2, 2019 Filing 15 LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from John S. Kiernan dated August 2, 2019. Document filed by Ellenville LLC.(Kiernan, John)
July 30, 2019 Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Museum of World War II Inc. served on 7/30/2019, answer due 8/20/2019. Service was accepted by Simon Tuma. Document filed by Ellenville LLC. (Kiernan, John)
July 30, 2019 Filing 13 DECLARATION of Thomas Zoufaly in Support re: #11 MOTION for Preliminary Injunction .. Document filed by Ellenville LLC. (Attachments: #1 Exhibit A - Email dated July 26, 2019)(Kiernan, John)
July 30, 2019 Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION for Preliminary Injunction . . Document filed by Ellenville LLC. (Kiernan, John)
July 30, 2019 Filing 11 MOTION for Preliminary Injunction . Document filed by Ellenville LLC.(Kiernan, John)
July 30, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED as to Museum of World War II Inc.. (dnh)
July 29, 2019 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Gregory H. Woods is no longer assigned to the case. (wb)
July 29, 2019 Filing 9 NOTICE OF APPEARANCE by Sarah Elizabeth Schuster on behalf of Museum of World War II Inc.. (Schuster, Sarah)
July 29, 2019 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Museum of World War II Inc., re: #1 Complaint,,. Document filed by Ellenville LLC. (Kiernan, John)
July 29, 2019 Filing 7 NOTICE OF APPEARANCE by Lindsay Elizabeth Hogan on behalf of Museum of World War II Inc.. (Hogan, Lindsay)
July 29, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John S. Kiernan to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney;. 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)
July 29, 2019 Case Designated ECF. (jgo)
July 29, 2019 Magistrate Judge James L. Cott 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)
July 29, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
July 29, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John S. Kiernan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Nature of Suit code 150 (Contract: Recovery/Enforcement);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 190 (Contract: Other);. (jgo)
July 26, 2019 Filing 6 NOTICE OF APPEARANCE by Judd Benjamin Grossman on behalf of Museum of World War II Inc.. (Grossman, Judd)
July 26, 2019 Filing 5 NOTICE OF APPEARANCE by Joshua James Smith on behalf of Ellenville LLC. (Smith, Joshua)
July 26, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate RSL Capital LLC for Ellenville LLC. Document filed by Ellenville LLC.(Kiernan, John)
July 26, 2019 Filing 3 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Museum of World War II Inc., re: #1 Complaint,,. Document filed by Ellenville LLC. (Kiernan, John) Modified on 7/29/2019 (jgo).
July 26, 2019 Filing 2 CIVIL COVER SHEET filed. (Kiernan, John)
July 26, 2019 Filing 1 COMPLAINT against Museum of World War II Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17323022)Document filed by Ellenville LLC. (Attachments: #1 Exhibit A - Artifacts Lending Agreement, #2 Exhibit B - Collection Purchase Contract, #3 Exhibit C - Letter Dated April 16, 2019, #4 Exhibit D - Letter dated June 27, 2019, #5 Exhibit E - Email dated July 1, 2019, #6 Exhibit F - Letter dated July 2, 2019, #7 Exhibit G - Email dated July 3, 2019, #8 Exhibit H - Email dated July 24, 2019)(Kiernan, John)

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Plaintiff: Ellenville LLC
Represented By: John S. Kiernan
Represented By: Joshua James Smith
Represented By: David J. Hotelling
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Defendant: Museum of World War II Inc.
Represented By: Judd Benjamin Grossman
Represented By: Sarah Elizabeth Schuster
Represented By: Lindsay Elizabeth Hogan
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