Irving H. Picard v. Estate of Seymour Epstein et al
Plaintiff: Irving H. Picard
Defendant: Shelburne Shirt Company, Inc., Jane Epstein, Randy Epstein Austin, Herbert C. Kantor, Estate of Seymour Epstein, Robert Epstein, Muriel Epstein and Susan Epstein Gross
In Re: Bernard L. Madoff Investment Securities LLC
Case Number: 1:2020cv01377
Filed: February 18, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Referring Judge: Gregory H Woods
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28 U.S.C. § 157
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2020 Filing 17 MEMO ENDORSEMENT on #16 Letter filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Robert Epstein, Estate of Seymour Epstein, Susan Epstein Gross, Herbert C. Kantor, Shelburne Shirt Company, Inc. ENDORSEMENT: In light of Defendants' decision not to bring a motion to withdraw the bankruptcy reference, there is nothing more for this Court to do in this case. Accordingly, the Court dismisses the case without prejudice under Federal Rule of Civil Procedure 41(a)(2). The Clerk of Court is directed to terminate all pending motions and to close this case. (Signed by Judge Gregory H. Woods on 8/12/2020) (mro)
August 12, 2020 Filing 16 LETTER addressed to Judge Gregory H. Woods from Helen Davis Chaitman dated August 12, 2020 re: Bankruptcy Court Proceedings. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Robert Epstein, Estate of Seymour Epstein, Susan Epstein Gross, Herbert C. Kantor, Shelburne Shirt Company, Inc...(Chaitman, Helen)
July 30, 2020 Opinion or Order Filing 15 ORDER. As discussed on the record during the telephone conference held on July 29, 2020, Plaintiff's motion to withdraw the reference to the bankruptcy court and accompanying papers is due by August 10, 2020. Defendant's opposition is due two weeks following service of Plaintiff's motion. Plaintiff's reply is due one week following service of Defendant's opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
July 29, 2020 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/29/2020. (Daniels, Anthony)
July 28, 2020 Opinion or Order Filing 14 ORDER. The Court will hold a conference in this case on July 29, 2020 at 1 p.m. The parties are directed to consult the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for dial-in information and other instructions. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
July 27, 2020 Filing 13 LETTER addressed to Judge Gregory H. Woods from Nicholas J. Cremona dated July 27, 2020 re: Response to Defendants' Letter dated July 24, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas)
July 24, 2020 Filing 12 LETTER addressed to Judge Gregory H. Woods from Helen Davis Chaitman dated July 24, 2020 re: in accordance with this Courts order dated July 22, 2020 (ECF No. 11). Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Robert Epstein, Estate of Seymour Epstein, Susan Epstein Gross, Herbert C. Kantor, Shelburne Shirt Company, Inc...(Chaitman, Helen)
July 22, 2020 Filing 11 MEMO ENDORSEMENT on re: #10 Letter, filed by Shelburne Shirt Company, Inc., Jane Epstein, Susan Epstein Gross, Randy Epstein Austin, Estate of Seymour Epstein, Robert Epstein, Herbert C. Kantor, Muriel Epstein. 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)
July 22, 2020 Filing 10 LETTER addressed to Judge Gregory H. Woods from Helen Davis Chaitman dated July 22, 2020 re: Defendants' Motion. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Robert Epstein, Estate of Seymour Epstein, Susan Epstein Gross, Herbert C. Kantor, Shelburne Shirt Company, Inc...(Chaitman, Helen)
July 17, 2020 Opinion or Order Filing 9 ORDER denying #1 Motion to Withdraw Bankruptcy Reference. In light of the Court's prior order, Dkt No. 8, the motion to withdraw the bankruptcy reference, Dkt No. 1, is denied without prejudice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
June 8, 2020 Opinion or Order Filing 8 ORDER: On February 18, 2020, Defendants submitted a motion to withdraw the bankruptcy reference. Dkt No. 1. The Court understands that Plaintiff intends to move for summary judgment on at least some claims in the underlying action. The Court thus declines to withdraw the bankruptcy reference and will instead refer the proposed motion for summary judgment for proposed findings of fact and conclusions of law. (Signed by Judge Gregory H. Woods on 6/8/2020) (mro)
March 10, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #7 Proposed Order was reviewed and approved as to form. (dt)
March 9, 2020 Filing 7 PROPOSED ORDER. Document filed by Muriel Epstein, Estate of Seymour Epstein, Shelburne Shirt Company, Inc.. Related Document Number: #5 ..(Chaitman, Helen) Proposed Order to be reviewed by Clerk's Office staff.
March 9, 2020 Opinion or Order Filing 6 ORDER. On March 6, 2020, the parties submitted a proposed order on consent to withdraw the reference from the Bankruptcy Court. That order has not been signed by the parties. The parties are directed to resubmit their proposed order with appropriate signatures. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
March 6, 2020 Filing 5 LETTER addressed to Judge Gregory H. Woods from Helen D. Chaitman dated March 6, 2020 re: Consent to Withdraw the Reference from the Bankruptcy Court. Document filed by Muriel Epstein, Estate of Seymour Epstein, Herbert C. Kantor, Shelburne Shirt Company, Inc.. (Attachments: #1 Text of Proposed Order).(Chaitman, Helen)
February 19, 2020 Opinion or Order Filing 4 ORDER re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4438A, 08-1789A (SMB). filed by Shelburne Shirt Company, Inc., Estate of Seymour Epstein, Muriel Epstein. On February 18, 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 12, 2020. Defendants' reply, if any, is due one week following service of Plaintiff's opposition., Responses due by 3/12/2020 (Signed by Judge Gregory H. Woods on 2/19/2020) (rj)
February 19, 2020 NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Lewis J. Liman is no longer assigned to the case..(wb)
February 18, 2020 Filing 3 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard..(Cremona, Nicholas)
February 18, 2020 Filing 2 CIVIL COVER SHEET filed..(bkar)
February 18, 2020 Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4438A, 08-1789A (SMB).Document filed by Estate of Seymour Epstein, Shelburne Shirt Company, Inc., Muriel Epstein. (Attachments: #1 Defendants Memorandum of Law In Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order).(bkar)
February 18, 2020 Case Designated ECF. (bkar)
February 18, 2020 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar)

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Defendant: Shelburne Shirt Company, Inc.
Represented By: Helen Davis Chaitman
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Defendant: Jane Epstein
Represented By: Helen Davis Chaitman
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Defendant: Randy Epstein Austin
Represented By: Helen Davis Chaitman
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Defendant: Herbert C. Kantor
Represented By: Helen Davis Chaitman
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Defendant: Estate of Seymour Epstein
Represented By: Helen Davis Chaitman
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Defendant: Robert Epstein
Represented By: Helen Davis Chaitman
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Defendant: Muriel Epstein
Represented By: Helen Davis Chaitman
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Defendant: Susan Epstein Gross
Represented By: Helen Davis Chaitman
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Plaintiff: Irving H. Picard
Represented By: Nicholas J. Cremona
Represented By: David J. Sheehan
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In re: Bernard L. Madoff Investment Securities LLC
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