Irving H. Picard v. The Estate of Allen Meisels et al
| Irving H. Picard |
| Peggy A. Meisels, The Estate of Allen Meisels and David T. Muldberg |
| Bernard L. Madoff Investment Securities LLC |
| 1:2020cv01278 |
| February 13, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 157 |
| None |
Docket Report
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| Filing 22 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) Peggy A. Meisels, David T. Muldberg, The Estate of Allen Meisels pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Irving H. Picard. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cremona, Nicholas) |
Filing 21
ORDER: By letter dated July 24, 2020, Dkt No. 20, the parties have informed the Court that this case has settled. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. (Signed by Judge Gregory H. Woods on 7/25/2020) (mro)
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| Terminate Transcript Deadlines (mro) |
| Filing 20 LETTER addressed to Judge Gregory H. Woods from Helen Davis Chaitman dated July 24, 2020 re: Courts order dated July 22, 2020 (ECF No. 19). Document filed by Peggy A. Meisels, David T. Muldberg, The Estate of Allen Meisels..(Chaitman, Helen) |
| Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by Peggy A. Meisels, The Estate of Allen Meisels, David T. Muldberg. ENDORSEMENT: Defendants are directed to submit a pre-motion conference letter more fully setting out the bases for the proposed motion. The letter should address why the Court should not refer the proposed motion to dismiss to the bankruptcy court for a report and recommendation. The Court expects that Plaintiff will submit a responsive letter after Defendants have submitted their pre-motion conference letter. (Signed by Judge Gregory H. Woods on 7/22/2020) (mro) |
| Filing 18 LETTER addressed to Judge Gregory H. Woods from Helen Davis Chaitman dated July 22, 2020 re: Defendants' Motion. Document filed by Peggy A. Meisels, David T. Muldberg, The Estate of Allen Meisels..(Chaitman, Helen) |
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Filing 17
ORDER: This case is referred to the bankruptcy judges of the Southern District of New York for proposed findings of fact and conclusions of law on the Trustee's proposed motion for summary judgment. (Signed by Judge Gregory H. Woods on 6/8/2020) (mro)
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| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/2020 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 15 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Vincent Bologna, (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 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/9/2020, (Court Reporter Vincent Bologna) (Daniels, Anthony) |
| Filing 14 LETTER addressed to Judge Gregory H. Woods from Helen D. Chaitman dated March 6, 2020 re: Trustee's Proposed Motion for Summary Judgment. Document filed by Peggy A. Meisels, The Estate of Allen Meisels..(Chaitman, Helen) |
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Filing 13
MEMO ENDORSEMENT: on re: #12 Letter filed by Irving H. Picard. ENDORSEMENT: Application granted. The Court will hold a pre-motion conference on the Trustee's proposed motion for summary judgment on March 9, 2020 at 4 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. SO ORDERED., ( Pre-Motion Conference set for 3/9/2020 at 04:00 PM before Judge Gregory H. Woods., Telephone Conference set for 3/9/2020 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/05/2020) (ama)
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| Filing 12 LETTER addressed to Judge Gregory H. Woods from Seanna R. Brown dated March 5, 2020 re: Requesting a Pre-Motion Conference for Permission to File a Motion for Summary Judgment. Document filed by Irving H. Picard..(Brown, Seanna) |
| Filing 11 NOTICE OF APPEARANCE by Seanna R. Brown on behalf of Irving H. Picard..(Brown, Seanna) |
| Transmission to Orders and Judgments Clerk. Transmitted re: #10 Consent Order,,, to the Orders and Judgments Clerk..(ama) |
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Filing 10
ORDER ON CONSENT WITHDRAWING THE REFERENCE FROM THE BANKRUPTCY COURT: IT IS HEREBY ORDERED THAT: Defendants' motion to withdraw the reference pursuant to 28 U.S.C. 157(d) and Rule 5011 of the Federal Rules of Bankruptcy Procedure is GRANTED. This adversary proceeding is withdrawn from the Bankruptcy Court; and The Trustee shall follow this Court's Individual Rules of Practice to request permission to file a motion for summary judgment. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/02/2020) (ama) Transmission to US Bankruptcy Court-Southern District of New York for processing.
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Filing 9
ORDER terminating #1 Motion to Withdraw Bankruptcy Reference. The Trustee is directed to file a pre-motion conference request letter as described in the Court's Individual Rules of Practice in Civil Cases no later than March 15, 2020. The Court expects to set a briefing schedule for the motion for summary judgment at the pre-motion conference. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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| Filing 8 LETTER addressed to Judge Gregory H. Woods from Helen Davis Chaitman dated February 28, 2020 re: Proposed Order on Consent to Withdraw the Reference from the Bankruptcy Court. Document filed by Peggy A. Meisels, David T. Muldberg, The Estate of Allen Meisels..(Chaitman, Helen) |
| Filing 7 PROPOSED CONSENT ORDER. Document filed by Peggy A. Meisels, David T. Muldberg, The Estate of Allen Meisels..(Chaitman, Helen) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 2/21/2020. (Court Reporter Lisa Smith) (Daniels, Anthony) |
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Filing 6
ORDER. The Court will hold a telephone conference in this case on February 21, 2020 at 1 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
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| Filing 5 LETTER addressed to Judge Gregory H. Woods from Nicholas J. Cremona dated February 19, 2020 re: Your Honor's Order dated February 14, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas) |
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Filing 4
ORDER: On February 13, 2020, Defendants submitted a motion to withdraw the bankruptcy referee. Dkt No. 1. Plaintiff is directed to file its opposition to the motion no later than March 5, 2020. Defendants' reply, if any, is due one week following service of Plaintiff's opposition. ( Responses due by 3/5/2020) (Signed by Judge Gregory H. Woods on 2/14/2020) (mro)
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| Filing 3 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard..(Cremona, Nicholas) |
| Filing 2 CIVIL COVER SHEET filed..(bkar) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4428A, 08-1789A (SMB).Document filed by The Estate of Allen Meisels, Peggy A. Meisels, David T. Muldberg. (Attachments: #1 Defendants Memorandum of Law In Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order).(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar) |
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