Malkin et al v. Shasha et al
| Anthony E. Malkin, Peter L. Malkin, Thomas N. Keltner, Jr. and ESRT MH Holdings L.L.C. |
| Melvyn H. Halper, Myrna Joy Edelman, Laurence Adler, Virginia Shasha, Shirley Adler, Mary Jane Fales, Danielle P. Barger, Empire State Liquidity Fund LLC, Wendy S. Tamis, Vivienne Pero and Phyllis J. Halper |
| 1:2020cv09874 |
| November 23, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
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Filing 42
ORDER granting #25 Letter Motion for Leave to File Document; denying #41 Letter Motion for Oral Argument. The Court has reviewed the parties' letters at ECF Nos. 25, 35, and 41. Accordingly: 1. By February 21, 2021, Respondents Virginia Shasha and Vivienne Pero, Co-Trustees Of The Violet Shuker Shasha Tmst; Laurence Adler and Shirley Adler, Trustees of the Adler Family Trust; Myrna Joy Edelman, Trustee of the 2006 Gilbe1t M. Edelman Inter Vivos Trust; Empire State Liquidity Fund, LLC; Maiy Jane Fales; Melvyn H. Halper; Phyllis J. Halper; and Wendy S. Tainis (collectively, "MTD Respondents"), shall move to dismiss the petition; 2. By March 14, 2021, Petitioners shall file their opposition; 3. By March 29, 2021, the MTD Respondents shall file their reply, if any. 4. The briefing schedule on Petitioners' motion for summary judgment is stayed with respect to the MID Respondents, pending resolution of the motion to dismiss. 5. The Court has determined that oral argument on Petitioners' motion for summary judgment is not necessary. Accordingly, the request at ECF No. 41 is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 25 and 41. SO ORDERED. (Signed by Judge Analisa Torres on 1/19/2021) (jca)
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Set/Reset Deadlines: Motions due by 2/21/2021. Responses due by 3/14/2021, Replies due by 3/29/2021. (jca)
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Filing 41
LETTER MOTION for Oral Argument for Petitioners' Motion for Summary Judgment addressed to Judge Analisa Torres from Thomas E.L. Dewey dated January 11, 2021. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 40
DECLARATION of David S. Pegno in Support re: #37 MOTION for Summary Judgment Petitioners' Notice of Motion for Summary Judgement.. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin. (Attachments: #1 Exhibit 1 - Final Arbitration Award, #2 Exhibit 2 - Arbitration Hearing Transcripts, #3 Exhibit 3 - Email, #4 Exhibit 4 - Conference Call Notes, #5 Exhibit 5 - Arbitration Panel Memorandum dated March 6, 2016, #6 Exhibit 6 - Arbitration Exhibit R-2, #7 Exhibit 7 - Consent Solicitation Letter, #8 Exhibit 8 - Excerpts from the S-4, dated January 21, 2013, #9 Exhibit 9 - Excerpts from a Compilation of Consents and Authorizations from Override Consent Solicitations, #10 Exhibit 10 - Summons & Complaint in Meyers, et al. v. Empire State Realty Trust, Inc., et al., #11 Exhibit 11 - Final Order and Judgment in In Re Empire State Realty Trust, Inc. Investor Litigation, #12 Exhibit 12 - Excerpt from Certification of Consent Solicitation Inspection by Corporate Election Services, #13 Exhibit 13 - Bloomberg Article published May 29, 2013, #14 Exhibit 14 - Amendment to Conformed Statement of Claim and Demand for Arbitration, #15 Exhibit 15 - Consent Solicitation Letter, #16 Exhibit 16 - Excerpts of a Memorandum and Log Regarding Tips and Complaints received concerning ESRT compiled by the SEC, #17 Exhibit 17 - Excerpts of Respondents Pre-Hearing Memorandum dated May 18, 2016, #18 Exhibit 18 - Excerpts of Post-Hearing Brief for Respondents-Counterclaimants dated February 24, 2020, #19 Exhibit 19 - Excerpt webpage from EmpireStateBuildingInvestors.com, #20 Exhibit 20 - Message re. "Transcripts and Audio File", #21 Exhibit 21 - Excerpt of Malkin Holdings Record Designees for Howard Edelman, #22 Exhibit 22 - Letter to ESBA Participants, #23 Exhibit 23 - Empire State Building Associates Participating Agreement dated January 1, 1962).(Dewey, Thomas)
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Filing 39
MEMORANDUM OF LAW in Support re: #37 MOTION for Summary Judgment Petitioners' Notice of Motion for Summary Judgement. . Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 38
RULE 56.1 STATEMENT. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 37
MOTION for Summary Judgment Petitioners' Notice of Motion for Summary Judgement. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin. Responses due by 2/1/2021.(Dewey, Thomas)
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Filing 36
MOTION for John Wyeth Griggs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23376044. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Laurence Adler, Shirley Adler, Myrna Joy Edelman, Empire State Liquidity Fund LLC, Mary Jane Fales, Melvyn H. Halper, Phyllis J. Halper, Thomas N. Keltner, Jr, Vivienne Pero, Virginia Shasha, Wendy S. Tamis. (Attachments: #1 Affidavit Affidavit of John Wyeth Griggs in Support of Pro Hac Vice Motion, #2 Text of Proposed Order Proposed Order, #3 Appendix Letter to Clerk).(Griggs, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for John Wyeth Griggs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23376044. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 35
LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Thomas E.L. Dewey dated December 31, 2020 re: #25 LETTER MOTION for Leave to File motion to dismiss addressed to Judge Analisa Torres from John Griggs and Peter Levine dated December 22, 2020. . Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 34
NOTICE OF APPEARANCE by David S. Pegno on behalf of ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Pegno, David)
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Filing 33
NOTICE OF APPEARANCE by Jenifer L Salzberg on behalf of ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Salzberg, Jenifer)
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Filing 32
AFFIDAVIT OF SERVICE of Order of Judge Analisa, dated December 15, 2020, Summons; Petition to Vacate in Part and Otherwise Confirm Arbitration Award; Notice of Motion to Vacate in Part and Otherwise Confirm Arbitration Award; Memorandum of Law in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award; Declaration of David S. Pegno in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award with annexed Exhibits; Rule 7.1 Corporate Disclosure Statement; Statement of Relatedness, and Civil Cover Sheet served on Myrna Joy Edelman Trustee Of The 2006 Gilbert M. Edelman Inter Vivos Trust on 12/23/2020. Service was made by MAIL 12/23/2020. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 31
AFFIDAVIT OF SERVICE of Order Dated December 15, 2020, Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, Civil Cover Sheet served on Mary Jane Fales on December 22, 2020. Service was accepted by Mary Jane Fales. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 30
AFFIDAVIT OF SERVICE of Order Dated December 15, 2020, Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, Civil Cover Sheet served on Wendy Tamis on December 23, 2020. Service was accepted by Wendy Tamis. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 29
AFFIDAVIT OF SERVICE of Order Dated December 15, 2020, Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, Civil Cover Sheet served on Phyllis Halper on December 23, 2020. Service was accepted by Phyllis Halper. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 28
AFFIDAVIT OF SERVICE of Order dated December 15, 2020, Summons, Petition to Vacate in Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate in Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, Civil Cover Sheet served on Shirley Adler and Lawrence Adler, Trustees of the Adler Family Trust on 12/23/2020. Service was accepted by Shirley Adler and Lawrence Adler (Respondents). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 27
AFFIDAVIT OF SERVICE of Order Dated December 15, 2020, Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, Civil Cover Sheet served on Melvyn Halpar on December 23, 2020. Service was accepted by Phyllis Halper (Wife). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 26
AFFIDAVIT OF SERVICE of Order dated December 15, 2020, Summons, Petition to Vacate in Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate in Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Virgina Shasha and Vivienne Pero Co-Trustees of the Violet Shuker Shasha Trust on 12/22/2020. Service was accepted by Barry Kaplan (Co-Tenant). Service was made by MAIL 12/23/2020. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 25
LETTER MOTION for Leave to File motion to dismiss addressed to Judge Analisa Torres from John Griggs and Peter Levine dated December 22, 2020. Document filed by Laurence Adler, Shirley Adler, Myrna Joy Edelman, Empire State Liquidity Fund LLC, Mary Jane Fales, Melvyn H. Halper, Phyllis J. Halper, Vivienne Pero, Virginia Shasha, Wendy S. Tamis..(Griggs, John)
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Filing 24
AFFIDAVIT OF SERVICE of Order dated December 15, 2020, Summons, Petition to Vacate in Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate in Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate in Part and Otherwise Confirm Arbitration Award with annexed Exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Empire State Liquidity Fund, LLC on 12/21/2020. Service was accepted by Sharmaine Harris (authorized to accept service). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 23
AFFIDAVIT OF SERVICE of Order of Judge Analisa Torres dated December 15, 2020; the Summons; Petition to Vacate In Part and Otherwise Confirm Arbitration Award; Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award; Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award; Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits; Rule 7.1 Corporate Disclosure Statement; Statement of Relatedness; and Civil Cover Sheet served on Danielle P. Barger, Trustee of the Edelman Family Decedents Trust on 12/18/2020. Service was accepted by Jose Anibal Baez (Attorney For Danielle P. Barger). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 22
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #23) - AFFIDAVIT OF SERVICE of Order of Judge Analisa Torres dated December 15, 2020; the Summons; Petition to Vacate In Part and Otherwise Confirm Arbitration Award; Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award; Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award; Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits; Rule 7.1 Corporate Disclosure Statement; Statement of Relatedness; and Civil Cover Sheet served on Danielle P. Barger, Trustee of the Edelman Family Decedent's Trust on 12/18/2020. Service was accepted by Jose Anibal Baez (Attorney For Danielle P. Barger). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas) Modified on 12/21/2020 (ldi).
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Filing 21
ORDER terminating #2 Motion to Vacate Arbitration; denying #13 Letter Motion for Extension of Time. Accordingly, Petitioner must move for vacatur of the arbitral award in the form of a motion for summary judgment, in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York. Accordingly, it is hereby ORDERED that: 1. By January 11, 2021, Petitioner shall file and serve its motion for summary judgment, its statement pursuant to Local Civil Rule 56.1, and any additional materials with which it intends to support the petition, including the arbitration award, supporting documents, and any affidavits or declarations attesting that the exhibits are true and correct copies of what they purport to be; 2. By February 1, 2021, Respondents shall file their opposition, including their response to Petitioner's 56.1 statement; and 3. By February 8, 2021, Petitioner shall file its reply, if any. 4. By December 23, 2020, Petitioner shall serve a copy of the petition and this order upon Respondents by personal service on an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service, pursuant to N.Y. C.P.L.R. 311. By December 30, 2020, Petitioner shall file an affidavit of such service. The Clerk of Court is directed to terminate the motions at ECF No. 2 and ECF No. 13. SO ORDERED. (Signed by Judge Analisa Torres on 12/15/2020) (kv)
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Set/Reset Deadlines: Motions due by 1/11/2021. Responses due by 2/1/2021 Replies due by 2/8/2021. (kv)
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Filing 20
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Empire State Liquidity Fund, LLC on December 10, 2020. Service was accepted by Charmine Harris (authorized to accept service). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 19
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Mary Jane Fales on December 4, 2020. Service was accepted by Mary Jane Fales (Respondent). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 18
NOTICE OF APPEARANCE by Jose Anibal Baez on behalf of Danielle P. Barger..(Baez, Jose)
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Filing 17
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Wendy Tamis on December 4, 2020. Service was accepted by Wendy Tamis (Respondent). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 16
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Virginia Shasha and Vivienne Pero, Co-Trustees of the Violet Shuker Shasha Trust on December 4, 2020. Service was accepted by Barry Kaplan (Co-Tenant). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 15
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Phyllis Halper on December 3, 2020. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 14
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Melvyn Halper on December 3, 2020. Service was accepted by Phyllis Halper (Wife). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 13
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Thomas E.L. Dewey dated December 7, 2020. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 12
AFFIDAVIT OF SERVICE of Summons, Petition to Vacate In Part and Otherwise Confirm Arbitration Award, Notice of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Memorandum of Law in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award, Declaration of David S. Pegno in Support of Motion to Vacate In Part and Otherwise Confirm Arbitration Award with annexed exhibits, Rule 7.1 Corporate Disclosure Statement, Statement of Relatedness, and Civil Cover Sheet served on Danielle P. Barger on November 23, 2020. Service was accepted by Jose Anibal Baez. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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CASE ACCEPTED AS RELATED. Create association to 1:14-cv-09989-AT-RWL. Notice of Assignment to follow. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(wb)
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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. (wb)
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Filing 11
DECLARATION of David S. Pegno in Support re: #2 MOTION to Vacate Arbitration and Otherwise Confirm Arbitration.. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin. (Attachments: #1 Exhibit Exhibit 1 - Final Arbitration Award, #2 Exhibit Exhibit 2 - Excerpts of Arbitration Hearing Transcript, #3 Exhibit Exhibit 3 - Email, #4 Exhibit Exhibit 4 - Conference Call Notes, #5 Exhibit Exhibit 5 - Arbitration Panel Memorandum dated March 6, 2016, #6 Exhibit Exhibit 6 - Arbitration Exhibit R-2, #7 Exhibit Exhibit 7 - Consent Solicitation Letter, #8 Exhibit Exhibit 8 - Excerpts from the S-4, dated January 21, 2013, #9 Exhibit Exhibit 9 - Excerpts from a Compilation of Consents and Authorizations from Override Consent Solicitations, #10 Exhibit Exhibit 10 - Summons & Complaint in Meyers, et al. v. Empire State Realty Trust, Inc., et al., #11 Exhibit Exhibit 11 - Final Order and Judgment in In Re Empire State Realty Trust, Inc. Investor Litigation, #12 Exhibit Exhibit 12 - Excerpt from Certification of Consent Solicitation Inspection by Corporate Election Services, #13 Exhibit Exhibit 13 - Bloomberg Article published May 29, 2013, #14 Exhibit Exhibit 14 - Amendment to Conformed Statement of Claim and Demand for Arbitration, #15 Exhibit Exhibit 15A - Consent Solicitation Letter, #16 Exhibit Exhibit 15B - Consent Solicitation Letter, #17 Exhibit Exhibit 16 - Excerpts of a Memorandum and Log Regarding Tips and Complaints received concerning ESRT compiled by the SEC, #18 Exhibit Exhibit 17 - Excerpts of Respondents Pre-Hearing Memorandum dated May 18, 2016, #19 Exhibit Exhibit 18 - Excerpts of Post-Hearing Brief for Respondents-Counterclaimants dated February 24, 2020, #20 Exhibit Exhibit 19 - excerpt webpage from EmpireStateBuildingInvestors.com, #21 Exhibit Exhibit 20 - Message re. "Transcripts and Audio File", #22 Exhibit Exhibit 21 - Excerpt of Malkin Holdings Record Designees for Howard Edelman, #23 Exhibit Exhibit 22 - Letter to ESBA Participants).(Dewey, Thomas)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Laurence Adler, Shirley Adler, Danielle P. Barger, Myrna Joy Edelman, Empire State Liquidity Fund LLC, Mary Jane Fales, Melvyn H. Halper, Phyllis J. Halper, Vivienne Pero, Virginia Shasha, Wendy S. Tamis..(jgo)
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Filing 9
CIVIL COVER SHEET filed..(Dewey, Thomas)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas E.L. Dewey. 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas E.L. Dewey to RE-FILE Document No. #6 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al';. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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Case Designated ECF. (jgo)
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CASE REFERRED TO Judge Analisa Torres as possibly related to 14-cv-9989. (jgo)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Virginia Shasha and Vivienne Pero, co-Trustees of the Violet Shuker Shasha Trust; Danielle P. Barger, Trustee of the Edelman Family Decedent's Trust; Laurence Adler and Shirley Adler, Trustees of the Adler Family Trust; Myrna Joy Edelman, Trustee of the 2006 Gilbert M. Edelman Inter Vivos Trust; Empire State Liquidity Fund, LLC; Mary Jane Fales; Melvyn H. Halper; Phyllis J. Halper; and Wendy S. Tamis, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 7
STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-cv-9989 (AT) (RWL). Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 6
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Dewey, Thomas) Modified on 11/24/2020 (jgo).
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ESRT Management, LLC, Corporate Parent Empire State Realty OP, L.P. for ESRT MH Holdings L.L.C.. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David S. Pegno in Support re: #2 MOTION to Vacate Arbitration and Otherwise Confirm Arbitration.. Document filed by Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin. (Attachments: #1 Exhibit Exhibit 1 - Final Arbitration Award, #2 Exhibit Exhibit 2 - Excerpts of Arbitration Hearing Transcript, #3 Exhibit Exhibit 3 - Email, #4 Exhibit Exhibit 4 - Conference Call Notes, #5 Exhibit Exhibit 5 - Arbitration Panel Memorandum dated March 6, 2016, #6 Exhibit Exhibit 6 - Arbitration Exhibit R-2, #7 Exhibit Exhibit 7 - Consent Solicitation Letter, #8 Exhibit Exhibit 8 - Excerpts from the S-4, dated January 21, 2013, #9 Exhibit Exhibit 9 - Excerpts from a Compilation of Consents and Authorizations from Override Consent Solicitations, #10 Exhibit Exhibit 10 - Summons & Complaint in Meyers, et al. v. Empire State Realty Trust, Inc., et al., #11 Exhibit Exhibit 11 - Final Order and Judgment in In Re Empire State Realty Trust, Inc. Investor Litigation, #12 Exhibit Exhibit 12 - Excerpt from Certification of Consent Solicitation Inspection by Corporate Election Services, #13 Exhibit Exhibit 13 - Bloomberg Article published May 29, 2013, #14 Exhibit Exhibit 14 - Amendment to Conformed Statement of Claim and Demand for Arbitration, #15 Exhibit Exhibit 15A - Consent Solicitation Letter, #16 Exhibit Exhibit 15B - Consent Solicitation Letter, #17 Exhibit Exhibit 16 - Excerpts of a Memorandum and Log Regarding Tips and Complaints received concerning ESRT compiled by the SEC, #18 Exhibit Exhibit 17 - Excerpts of Respondents Pre-Hearing Memorandum dated May 18, 2016, #19 Exhibit Exhibit 18 - Excerpts of Post-Hearing Brief for Respondents-Counterclaimants dated February 24, 2020, #20 Exhibit Exhibit 19 - excerpt webpage from EmpireStateBuildingInvestors.com, #21 Exhibit Exhibit 20 - Message re. "Transcripts and Audio File", #22 Exhibit Exhibit 21 - Excerpt of Malkin Holdings Record Designees for Howard Edelman, #23 Exhibit Exhibit 22 - Letter to ESBA Participants).(Dewey, Thomas) Modified on 11/24/2020 (ldi).
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Filing 3
MEMORANDUM OF LAW in Support re: #2 MOTION to Vacate Arbitration and Otherwise Confirm Arbitration. . Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 2
MOTION to Vacate Arbitration and Otherwise Confirm Arbitration. Document filed by ESRT MH Holdings L.L.C., Thomas N. Keltner, Jr, Anthony E. Malkin, Peter L. Malkin..(Dewey, Thomas)
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Filing 1
PETITION TO VACATE IN PART AND OTHERWISE CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-22714481).Document filed by ESRT MH Holdings L.L.C., Anthony E. Malkin, Thomas N. Keltner, Jr, Peter L. Malkin..(Dewey, Thomas)
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