Bardwil Industries Incorporated et al v. Kennedy et al
| George C Bardwil and Bardwil Industries Incorporated |
| Ronald J Tassello, Frederick M Rogers and Alan F Kennedy |
| 1:2019cv08211 |
| September 4, 2019 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Stockholders Suits |
| 28 U.S.C. § 1332 fd |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 CORRECTED NOTICE OF APPEAL re: #54 Notice of Appeal, #53 Clerk's Judgment,,. Document filed by George C Bardwil, Bardwil Industries Incorporated..(McCallion, Peter) |
| Filing 54 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by George C Bardwil, Bardwil Industries Incorporated. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (McCallion, Peter) Modified on 10/22/2020 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney McCallion, Peter to RE-FILE Document No. #54 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #55 Corrected Notice of Appeal..(nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #55 Corrected Notice of Appeal filed by Bardwil Industries Incorporated, George C Bardwil were transmitted to the U.S. Court of Appeals..(nd) |
| Filing 53 CLERK'S JUDGMENT re: #52 Order on Motion for Judgment on the Pleadings. in favor of Alan F Kennedy, Ronald J Tassello against Bardwil Industries Incorporated, George C Bardwil. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Memorandum and Order dated September 21, 2020, Kennedy and Tassello's motion for judgment on the pleadings is granted and the court dismisses plaintiff's claims with prejudice. (Signed by Clerk of Court Ruby Krajick on 09/22/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 52
MEMORANDUM AND ORDER granting #48 Motion for Judgment on the Pleadings. Kennedy and Tassello's motion for judgment on the pleadings is GRANTED, and the Court dismisses plaintiffs' claims with prejudice. The Clerk of Court is respectfully directed to close all motions pending in this case. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/21/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
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| Filing 51 REPLY MEMORANDUM OF LAW in Support re: #48 MOTION for Judgment on the Pleadings . . Document filed by Alan F Kennedy, Ronald J Tassello..(Lederman, Andrew) |
| Filing 50 MEMORANDUM OF LAW in Opposition re: #48 MOTION for Judgment on the Pleadings . . Document filed by George C Bardwil, Bardwil Industries Incorporated. (Attachments: #1 Table of Cases).(McCallion, Peter) |
| Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION for Judgment on the Pleadings . . Document filed by Alan F Kennedy, Ronald J Tassello..(Lederman, Andrew) |
| Filing 48 MOTION for Judgment on the Pleadings . Document filed by Alan F Kennedy, Ronald J Tassello..(Lederman, Andrew) |
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Filing 47
MEMO ENDORSEMENT: on re: #46 Letter filed by Alan F Kennedy, Ronald J Tassello. ENDORSEMENT: SO ORDERED., ( Motions due by 8/7/2020., Responses due by 8/28/2020, Replies due by 9/11/2020.) (Signed by Judge Naomi Reice Buchwald on 8/04/2020) (ama)
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| Filing 46 LETTER addressed to Judge Naomi Reice Buchwald from Andrew Lederman dated July 10,2020 re: Briefing Schedule. Document filed by Alan F Kennedy, Ronald J Tassello..(Lederman, Andrew) |
| Filing 45 The dial-in for the telephonic conference scheduled for today at 11:00 a.m. is (888) 363-4749 access code 2712517. |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 7/7/2020. (ade) |
| Filing 44 LETTER addressed to Judge Naomi Reice Buchwald from Peter H. McCallion dated June 22, 2020 re: Response to Request of Defendants Kennedy and Tassello to file a Motion for Summary Judgment. Document filed by George C Bardwil, Bardwil Industries Incorporated..(McCallion, Peter) |
| Filing 43 LETTER addressed to Judge Naomi Reice Buchwald from Andrew P. Lederman dated June 9, 2020 re: Request to File Motion for Summary Judgment. Document filed by Alan F Kennedy, Ronald J Tassello..(Lederman, Andrew) |
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Filing 42
MEMORANDUM AND ORDER granting #37 Motion to Dismiss. Rogers' motion to dismiss is granted, and the Court dismisses the claims against him with prejudice. The Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 37 and 40. (Signed by Judge Naomi Reice Buchwald on 5/27/2020) (rro)
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| Filing 41 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss - Reply Memo., #37 MOTION to Dismiss the Amended Complaint. . Document filed by Frederick M Rogers..(Shaban, John) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Thomas Shaban to RE-FILE Document #40 MOTION to Dismiss - Reply Memo. Use the event type Reply Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 40 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss - Reply Memo. Document filed by Frederick M Rogers..(Shaban, John) Modified on 4/3/2020 (ldi). |
| Filing 39 AFFIRMATION of Peter McCallion in Opposition re: #37 MOTION to Dismiss the Amended Complaint.. Document filed by George C Bardwil, Bardwil Industries Incorporated. (Attachments: #1 Exhibit Appointment of Rogers as Secretary, #2 Exhibit Replacement of Rogers as Secretary, #3 Exhibit Amended Complaint).(McCallion, Peter) |
| Filing 38 AFFIDAVIT OF SERVICE of Answer and Counterclaims To Amended Complaint served on Bardwil Industries, Inc., George Bardwil, Frederick M. Rogers on 1/22/2020. Service was made by Mail. Document filed by Alan F Kennedy, Ronald J Tassello. (Lederman, Andrew) |
| Filing 37 MOTION to Dismiss the Amended Complaint. Document filed by Frederick M Rogers. Responses due by 2/21/2020 (Attachments: #1 Memorandum of Law)(Shaban, John) |
| Filing 36 LETTER addressed to Judge Naomi Reice Buchwald from John T. Shaban dated 1.22.2020 re: Motion To Dismiss The Amended Complaint. Document filed by Frederick M Rogers.(Shaban, John) |
| Filing 35 ANSWER to #29 Amended Complaint,,., COUNTERCLAIM against Bardwil Industries Incorporated. Document filed by Ronald J Tassello, Alan F Kennedy.(Lederman, Andrew) |
| Filing 34 LETTER addressed to Judge Naomi Reice Buchwald from John T. Shaban dated 01/17/2020 re: Briefing Schedule re Motion to Dismiss. Document filed by Frederick M Rogers.(Shaban, John) |
| Filing 33 RULE 26 DISCLOSURE.Document filed by George C Bardwil, Bardwil Industries Incorporated.(McCallion, Peter) |
| Filing 32 STATUS REPORT. Stipulation Document filed by George C Bardwil, Bardwil Industries Incorporated.(McCallion, Peter) |
| Filing 31 LETTER addressed to Judge Naomi Reice Buchwald from John T. Shaban dated 01/13/2020 re: Motion to Dismiss. Document filed by Frederick M Rogers.(Shaban, John) |
| Filing 30 NOTICE OF CHANGE OF ADDRESS by John Thomas Shaban on behalf of Frederick M Rogers. New Address: LEVINE & LEVINE, PLLC, 2 Jefferson Plaza I, Ste 100, Poughkeepsie, New York, Dutchess 12601, (845) 452-2350. (Shaban, John) |
| Filing 29 AMENDED COMPLAINT amending #5 Complaint against Alan F Kennedy, Frederick M Rogers, Ronald J Tassello with JURY DEMAND.Document filed by Bardwil Industries Incorporated, George C Bardwil. Related document: #5 Complaint. (Attachments: #1 Exhibit Rosenthal & Rosenthal Monthly Statements, #2 Exhibit Bardwil Industries Chase Account, #3 Exhibit Bardwil Industries Chase Account, #4 Exhibit Bardwil Industries Chase Account)(McCallion, Peter) Modified on 12/19/2019 (pne). Modified on 12/19/2019 (gp). |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference held on 11/18/2019. (ade) |
| Filing 28 LETTER addressed to Judge Naomi Reice Buchwald from Peter H. McCallion dated October 23, 2019 re: Response to Request of Defendant Rogers for a Pre-Motion Conference. Document filed by George C Bardwil, Bardwil Industries Incorporated.(McCallion, Peter) |
| Filing 27 MOTION to Dismiss -Request for Pre-Motion Conference. Document filed by Frederick M Rogers. Responses due by 10/24/2019(Shaban, John) |
| Filing 26 AFFIDAVIT OF SERVICE of Initial Disclosures, Discovery Requests and Deposition Notice served on Bardwil Industries Incorporated and George Bardwil on 10/11/2019. Service was made by Mail. Document filed by Alan F Kennedy, Ronald J Tassello. (Lederman, Andrew) |
| Filing 25 DEPOSITION of Bardwil Industries Incorporated and George Bardwil taken on 12/19/2019.Document filed by Alan F Kennedy, Ronald J Tassello.(Lederman, Andrew) |
| Filing 24 FIRST SET OF INTERROGATORIES to Bardwil Industries Incorporated and George Bardwil.Document filed by Alan F Kennedy, Ronald J Tassello.(Lederman, Andrew) |
| Filing 23 REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by Alan F Kennedy, Ronald J Tassello.(Lederman, Andrew) |
| Filing 22 RULE 26 DISCLOSURE.Document filed by Alan F Kennedy, Ronald J Tassello.(Lederman, Andrew) |
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Filing 21
STIPULATION: PLEASE TAKE NOTICE that in accordance with the rules governing the Federal District Court for the Southern District of New York it is hereby stipulated that and agreed by and between counsel for all parties that the time within which defendant Frederick Rogers may answer or otherwise move with respect to Plaintiffs' Complaint may be extended through and including October 21, 2019. SO ORDERED., Frederick M Rogers answer due 10/21/2019. (Signed by Judge Naomi Reice Buchwald on 10/10/2019) (ama)
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| Filing 20 AFFIDAVIT OF SERVICE of Answer and Counterclaims served on Bardwil Industries Incorporated and George Bardwil on 10/10/2019. Service was made by Mail. Document filed by Alan F Kennedy, Ronald J Tassello. (Lederman, Andrew) |
| Filing 19 ANSWER to #5 Complaint., COUNTERCLAIM against Bardwil Industries Incorporated. Document filed by Ronald J Tassello, Alan F Kennedy.(Lederman, Andrew) |
| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Frederick M Rogers. (Shaban, John) |
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Filing 17
STIPULATION EXTENDING DEFENDANT ALAN F. KENNEDY AND RONALD J. TASSELLO'S TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT: PLEASE TAKE NOTICE that in accordance with the rules governing the Federal District Court for the Southern District of New York, it is hereby stipulated and agreed by and between Peter H. Mccallion, attorney for plaintiffs, Bardwil Industries Incorporated and George Bardwil, ("Plaintiffs") and Wilk Auslander LLP, attorneys for defendants, Alan F. Kennedy, and Ronald J. Tassello, ("Defendants"), that the time within which Defendants may answer or otherwise move with respect to Plaintiffs' Complaint be and hereby is extended through and including October 10, 2019. SO ORDERED. (Alan F Kennedy answer due 10/10/2019; Ronald J Tassello answer due 10/10/2019.) (Signed by Judge Naomi Reice Buchwald on 10/3/2019) (rro)
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| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Alan F Kennedy, Ronald J Tassello. (Lederman, Andrew) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Frederick M Rogers served on 9/18/2019, answer due 10/9/2019. Service was made by Mail. Document filed by Bardwil Industries Incorporated; George C Bardwil. (McCallion, Peter) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Ronald J Tassello served on 9/12/2019, answer due 10/3/2019. Service was accepted by Ronald J. Tassello. Document filed by Bardwil Industries Incorporated; George C Bardwil. (McCallion, Peter) |
| Filing 13 ACKNOWLEDGMENT OF SERVICE Summons and Complaint served. Alan F Kennedy served on 9/12/2019, answer due 10/3/2019. Service was accepted by Alan F. Kennedy. Document filed by Bardwil Industries Incorporated; George C Bardwil. (McCallion, Peter) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Ronald J Tassello. (jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Frederick M Rogers. (jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Alan F Kennedy. (jgo) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Frederick M. Rogers, re: #5 Complaint. Document filed by George C Bardwil, Bardwil Industries Incorporated. (McCallion, Peter) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Ronald J. Tassello, re: #5 Complaint. Document filed by George C Bardwil, Bardwil Industries Incorporated. (McCallion, Peter) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Alan F. Kennedy, re: #5 Complaint. Document filed by George C Bardwil, Bardwil Industries Incorporated. (McCallion, Peter) |
| Filing 6 CIVIL COVER SHEET filed. (McCallion, Peter) |
| Filing 5 COMPLAINT against Alan F Kennedy, Frederick M Rogers, Ronald J Tassello. Document filed by Bardwil Industries Incorporated, George C Bardwil.(McCallion, Peter) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Harry McCallion. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Peter Harry McCallion to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Plaintiff code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Harry McCallion to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; all of the filers were not selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Harry McCallion to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): each summons request must be filed separately or one summons request may be filed listing all of the parties on the PDF 'To' section or attaching a rider; all of the filers were not selected;. 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 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Alan F. Kennedy, Ronald J. Tassello, Frederick M. Rogers, re: #1 Complaint. Document filed by Bardwil Industries Incorporated. (McCallion, Peter) Modified on 9/5/2019 (jgo). |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (McCallion, Peter) Modified on 9/5/2019 (jgo). |
| Filing 2 NOTICE OF APPEARANCE by Peter Harry McCallion on behalf of Bardwil Industries Incorporated. (McCallion, Peter) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY AND FILER ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17537776)Document filed by Bardwil Industries Incorporated.(McCallion, Peter) Modified on 9/5/2019 (jgo). |
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