Global Gaming Philippines, LLC v. Razon, Jr. et al
| GLOBAL GAMING PHILIPPINES, LLC |
| COLLINGWOOD APPALACHIAN MINERALS, LLC, COLLINGWOOD OIL & GAS HOLDINGS, LLC, ENSARA LLC, FESARA LLC, RIZOLINA LLC, CAMPANILLA LLC, COLLINGWOOD USA, INC., ASIA ARROW LIMITED, 11 ESSEX STREET REALTY LLC, NOZAR LLC, ENRIQUE K. RAZON, JR, COLLINGWOOD BROOKSHIRE USA, INC., BLOOMBERRY RESORTS AND HOTELS INC., SURESTE PROPERTIES, INC., BOWERY BAY LLC, Enrique K. Razon, Jr. and Collingwood Investment Company Limited |
| 1:2021cv02655 |
| March 29, 2021 |
| US District Court for the Southern District of New York |
| Sarah Netburn |
| Lorna G Schofield |
| Other Statutes: Arbitration |
| 09 U.S.C. § 203 Jurisdiction; amount in controversy |
| Plaintiff |
Docket Report
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Filing 422
JOINT LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated September 26, 2023 re: Status update regarding dkt. no. #420 . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 421
ORDER: In light of the Court's ruling on the parties' motions for summary judgment, the parties are ORDERED to discuss whether a settlement conference would be productive at this time. If so, the parties should immediately contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. (Signed by Magistrate Judge Sarah Netburn on 9/13/2023) (dsh)
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Filing 420
OPINION AND ORDER re: #360 MOTION for Partial Summary Judgment . filed by Global Gaming Philippines, LLC, #353 MOTION to Preclude the Testimony of Troy A. Dahlberg. filed by Enrique K. Razon, Jr., #327 MOTION to Confirm Arbitration . filed by Global Gaming Philippines, LLC, #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction. filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., #350 MOTION to Preclude Testimony of Catherine Rogers, Fredric Gushin, and Daniel Reeves. filed by Global Gaming Philippines, LLC, #335 MOTION for Summary Judgment . filed by Enrique K. Razon, Jr.. For the reasons above, Plaintiff's motion for summary judgment is DENIED and Defendants motions for summary judgment are GRANTED IN PART and DENIED IN PART as follows: Debtor Defendants and Plaintiff's cross-motions for summary judgment on the issue of personal jurisdiction over the Debtor Defendants are denied. Plaintiff and Razon's cross-motions for summary judgment on enforcement of the arbitral award against Razon as the alter ego of the Debtor Defendants is denied. Razon's motion for summary judgment on the trespass claim is granted. Plaintiff's motion to confirm the Final Award is denied without prejudice. Plaintiff's motion to exclude expert testimony offered by the Debtor Defendants and Razon's motion to exclude expert testimony offered by Plaintiff are denied without prejudice. The parties' joint request for oral argument is DENIED as moot. By September 26, 2023, the parties shall (1) meet and confer in an effort to agree on next steps in the litigation and (2) file a joint status letter with their joint proposal, and to the extent they do not agree, with their individual proposals. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 327, 335, 350, 353, 357 and 360. (Signed by Judge Lorna G. Schofield on 9/12/2023) (tg)
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Filing 419
ORDER granting #356 Letter Motion to Seal; granting #358 Letter Motion to Seal; granting #397 Letter Motion to Seal; granting #334 Letter Motion to Seal. It is hereby ORDERED that Defendant's motion to file under seal is GRANTED. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 334, 356, 358 and 397. (Signed by Judge Lorna G. Schofield on 9/1/2023) (mml)
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Filing 418
MEMO ENDORSEMENT: on re: #417 Letter filed by Enrique K. Razon, Jr. ENDORSEMENT: Application DENIED. The parties shall not file any further briefing on their cross-motions for summary judgment. Any arguments raised in Plaintiff's reply that were not raised in its memorandum of law in support of the motion for summary judgment will be disregarded, in accordance with the case law cited in the endorsed letter. So Ordered. (Signed by Judge Lorna G. Schofield on 4/13/2023) (ama)
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Filing 417
LETTER addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated April 12, 2023 re: Request to not consider, or permit surreply in response to, new arguments raised by Plaintiff in reply. Document filed by Enrique K. Razon, Jr.. (Attachments: #1 Exhibit Proposed Surreply).(Fissell, Rachel)
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Filing 416
ORDER: It is hereby ORDERED that the parties shall jointly submit courtesy copies of all deposition transcripts and expert reports no later than April 14, 2023. The parties shall provide one, comprehensive set of all such transcripts and reports, including those that were previously provided. To submit such materials, the parties shall request a link to upload the required courtesy copies by emailing Schofield_NYSDChambers@nysd.uscourts.gov. (Signed by Judge Lorna G. Schofield on 4/11/2023) (ks)
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Filing 415
REPLY MEMORANDUM OF LAW in Support re: #360 MOTION for Partial Summary Judgment . . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 414
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated April 10, 2023 re: Response to Debtor Defendants' Request to Strike Facts Cited by Plaintiff in Opposition to Motion for Summary Judgment. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 413
DECLARATION of Daniel M. Perry in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction.. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Perry, Daniel)
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Filing 412
RESPONSE re: #407 Response to Plaintiff's Further Statement of Undisputed Facts. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 411
REPLY MEMORANDUM OF LAW in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 410
MEMO ENDORSEMENT on re: #409 Letter filed by Global Gaming Philippines, LLC. ENDORSEMENT: The parties shall provide courtesy copies of all deposition transcripts and expert reports in accordance with their proposal following the close of briefing on the referenced motions. Decision is reserved on the request for oral argument. The parties are directed to Individual Rule III.B.6 regarding requests for oral argument. ("A request for oral argument is more likely to be granted if counsel identifies a lawyer out of law school for five years or less who will argue the motion[.]"). So Ordered. (Signed by Judge Lorna G. Schofield on 3/28/2023) (tg)
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Filing 409
JOINT LETTER addressed to Judge Lorna G. Schofield from All Counsel dated March 27, 2023 re: Request for Oral Argument. Document filed by Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 408
DECLARATION of Kevin N. Ainsworth in Support re: #327 MOTION to Confirm Arbitration ., #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction.. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21).(Ainsworth, Kevin)
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Filing 407
RESPONSE re: #386 Rule 56.1 Statement of Defendants Bloomberry Resorts and Hotels Inc., and Sureste Properties, Inc.. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 406
REPLY MEMORANDUM OF LAW in Support re: #327 MOTION to Confirm Arbitration . and in Opposition to #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction by Defendants Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc... Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 405
DECLARATION of Rachel Penski Fissell in Opposition re: #360 MOTION for Partial Summary Judgment .. Document filed by Enrique K. Razon, Jr.. (Attachments: #1 Exhibit A - Tan Tr. Excerpts, #2 Exhibit B - Occena Tr. Excerpts, #3 Exhibit C - Razon Tr. Excerpts, #4 Exhibit D - Herbosa Rebuttal Report Excerpts, #5 Exhibit E - Alemda Tr. Excerpts, #6 Exhibit F - Arb. Hearing Tr. Excerpt, #7 Exhibit G - Alarilla Tr. Excerpts, #8 Exhibit H - Lat Tr. Excerpts, #9 Exhibit I - Festin Tr. Excerpts, #10 Exhibit J - Atwan Tr. Excerpts, #11 Exhibit K - Rivas Tr. Excerpts, #12 Exhibit L - Espera Tr. Excerpts, #13 Exhibit M - Herboa Report Excerpts, #14 Exhibit N - Razon Statement (2015), #15 Exhibit O - BRHI Empl. Agreement, #16 Exhibit P - Placing Agreement Excerpt, #17 Exhibit Q - Kaplan Tr. Excerpts, #18 Exhibit R - Herbosa Tr. Excerpts, #19 Exhibit S - Nonuse & Nondiscl. Agreement, #20 Exhibit T - BRC RPT Policy).(Fissell, Rachel)
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Filing 404
DECLARATION of Teresita J. Herbosa in Opposition re: #360 MOTION for Partial Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 403
DECLARATION of Enrique K. Razon, Jr. in Opposition re: #360 MOTION for Partial Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 402
***SELECTED PARTIES***DECLARATION of Arcan L. Lat in Opposition re: #360 MOTION for Partial Summary Judgment .. Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Global Gaming Philippines, LLC, Sureste Properties, Inc.. Motion or Order to File Under Seal: #397 .(Fissell, Rachel)
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Filing 401
DECLARATION of Arcan L. Lat in Opposition re: #360 MOTION for Partial Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 400
***SELECTED PARTIES***COUNTER STATEMENT TO #382 Rule 56.1 Statement. Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Global Gaming Philippines, LLC, Sureste Properties, Inc.. Motion or Order to File Under Seal: #397 .(Fissell, Rachel)
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Filing 399
COUNTER STATEMENT TO #382 Rule 56.1 Statement. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 398
REPLY MEMORANDUM OF LAW in Support re: #335 MOTION for Summary Judgment . And Opposition to #360 Plaintiff's Motion for Partial Summary Judgment. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 397
LETTER MOTION to Seal Certain Financial Data in Razon's Counter Statement and Lat Supplemental Declaration addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated March 27, 2023. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 396
DECLARATION of Troy A. Dahlberg in Opposition re: #353 MOTION to Preclude the Testimony of Troy A. Dahlberg.. Document filed by Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 395
DECLARATION of Kaitlyn A. Crowe in Opposition re: #353 MOTION to Preclude the Testimony of Troy A. Dahlberg.. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Crowe, Kaitlyn)
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Filing 394
MEMORANDUM OF LAW in Opposition re: #353 MOTION to Preclude the Testimony of Troy A. Dahlberg. . Document filed by Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 393
DECLARATION of Daniel M. Perry in Opposition re: #350 MOTION to Preclude Testimony of Catherine Rogers, Fredric Gushin, and Daniel Reeves.. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Perry, Daniel)
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Filing 392
MEMORANDUM OF LAW in Opposition re: #350 MOTION to Preclude Testimony of Catherine Rogers, Fredric Gushin, and Daniel Reeves. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 391
MEMO ENDORSEMENT on re: #389 Letter filed by Enrique K. Razon, Jr. ENDORSEMENT Application GRANTED IN PART. The Order issued January 12, 2023, referred to "225 pages of exhibits in total in connection with [the] cross-motions for summary judgment." Any uncertainty regarding the meaning of the January 12 Order should have been raised promptly, and in any event prior to the filing of Plaintiff and Razon's motions for summary judgment. Plaintiff and Razon may each have 25 additional pages of exhibits for their remaining briefing in connection with their cross-motions for summary judgment. The page limits for Plaintiff and Razon's memoranda of law and the page and exhibit limits for all other motions the parties are currently briefing remain the same. So Ordered. (Signed by Judge Lorna G. Schofield on 3/14/2023) (jca)
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Filing 390
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated March 14, 2023 re: Response to Defendant Enrique K. Razon, Jr.'s Request to Exceed Limit of 225 Pages of Exhibits in Support of Motion for Summary Judgment. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 389
LETTER addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated March 14, 2023 re: Exhibit pages related to summary judgment motions. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 388
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated March 10, 2023 re: Unsealed Versions of Exhibits Previously Filed at Dkts. 228 and 281. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Perry, Daniel)
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Filing 387
DECLARATION of Daniel M. Perry in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction.. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72).(Perry, Daniel)
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Filing 386
RULE 56.1 STATEMENT. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 385
MEMORANDUM OF LAW in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 384
DECLARATION of Kevin N. Ainsworth in Support re: #360 MOTION for Partial Summary Judgment .. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 25, #24 Exhibit 26, #25 Exhibit 27, #26 Exhibit 28, #27 Exhibit 29, #28 Exhibit 30, #29 Exhibit 31, #30 Exhibit 32, #31 Exhibit 33, #32 Exhibit 34, #33 Exhibit 35, #34 Exhibit 36, #35 Exhibit 37, #36 Exhibit 38, #37 Exhibit 39, #38 Exhibit 40, #39 Exhibit 41, #40 Exhibit 42, #41 Exhibit 43, #42 Exhibit 44, #43 Exhibit 45, #44 Exhibit 46, #45 Exhibit 47, #46 Exhibit 48, #47 Exhibit 49, #48 Exhibit 50, #49 Exhibit 51, #50 Exhibit 52, #51 Exhibit 53, #52 Exhibit 54, #53 Exhibit 55, #54 Exhibit 56, #55 Exhibit 57, #56 Exhibit 58, #57 Exhibit 59, #58 Exhibit 60, #59 Exhibit 61, #60 Exhibit 62, #61 Exhibit 63, #62 Exhibit 64, #63 Exhibit 65, #64 Exhibit 66, #65 Exhibit 67, #66 Exhibit 69, #67 Exhibit 70, #68 Exhibit 71, #69 Exhibit 72, #70 Exhibit 73, #71 Exhibit 74, #72 Exhibit 75, #73 Exhibit 76, #74 Exhibit 77, #75 Exhibit 78, #76 Exhibit 79).(Ainsworth, Kevin)
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Filing 383
RESPONSE re: #341 Rule 56.1 Statement . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 382
RULE 56.1 STATEMENT. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 381
MEMORANDUM OF LAW in Support re: #360 MOTION for Partial Summary Judgment . . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 380
MEMO ENDORSEMENT: on re: #379 Response to Motion, filed by Enrique K. Razon, Jr. ENDORSEMENT: Application GRANTED. The parties may exchange their briefs to identify potentially confidential information in accordance with Defendant Razon's proposal. Notwithstanding Individual Rule III.B.4's reference to "fully submit" dates, the parties may file their motion papers relating to the cross-motions for summary judgment and motions to preclude testimony on ECF up to three business days after the deadlines set in the Order issued December 30, 2022, provided the parties shall serve the motion papers on each other by the deadlines set in the December 30, 2022, Order. To the extent the parties have identified information subject to a pending motion to seal that no party has an interest in filing under seal, they shall file a replacement version ofany document containing that information with the proposed redactions removed. So Ordered. (Signed by Judge Lorna G. Schofield on 2/28/2023) (ama)
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Filing 379
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated February 27, 2023 re: #358 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated February 22, 2023. . Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 378
RESPONSE re: #356 LETTER MOTION to Seal Documents Filed in Support of BRHI/SPI's Cross-Motion for Summary Judgment for Lack of Personal Jurisdiction and Opposition to Plaintiff's Motion to Enforce Arbitral Award addressed to Judge Lorna G. Schofield . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 377
***SELECTED PARTIES***DECLARATION of Kevin N. Ainsworth in Support re: #360 MOTION for Partial Summary Judgment .. Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 27, #17 Exhibit 28, #18 Exhibit 29, #19 Exhibit 33, #20 Exhibit 34, #21 Exhibit 39, #22 Exhibit 40, #23 Exhibit 41, #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 46, #27 Exhibit 48, #28 Exhibit 50, #29 Exhibit 51, #30 Exhibit 54, #31 Exhibit 55, #32 Exhibit 56, #33 Exhibit 57, #34 Exhibit 60, #35 Exhibit 63, #36 Exhibit 64, #37 Exhibit 69, #38 Exhibit 70, #39 Exhibit 72, #40 Exhibit 73, #41 Exhibit 74)Motion or Order to File Under Seal: #358 .(Ainsworth, Kevin)
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Filing 376
DECLARATION of Kevin N. Ainsworth in Support re: #360 MOTION for Partial Summary Judgment .. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 16, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 30, #11 Exhibit 31, #12 Exhibit 32, #13 Exhibit 35, #14 Exhibit 36, #15 Exhibit 37, #16 Exhibit 38, #17 Exhibit 42, #18 Exhibit 45, #19 Exhibit 47, #20 Exhibit 49, #21 Exhibit 52, #22 Exhibit 53, #23 Exhibit 58, #24 Exhibit 59, #25 Exhibit 61, #26 Exhibit 62, #27 Exhibit 65, #28 Exhibit 66, #29 Exhibit 67, #30 Exhibit 71, #31 Exhibit 75, #32 Exhibit 76, #33 Exhibit 77, #34 Exhibit 78, #35 Exhibit 79).(Ainsworth, Kevin)
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Filing 375
***SELECTED PARTIES***COUNTER STATEMENT TO #345 Rule 56.1 Statement, #341 Rule 56.1 Statement. Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. Motion or Order to File Under Seal: #358 .(Ainsworth, Kevin)
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Filing 374
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. Motion or Order to File Under Seal: #358 .(Ainsworth, Kevin)
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Filing 373
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #335 MOTION for Summary Judgment . . Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. Motion or Order to File Under Seal: #358 .(Ainsworth, Kevin)
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Filing 372
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #360 MOTION for Partial Summary Judgment . . Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. Motion or Order to File Under Seal: #358 .(Ainsworth, Kevin)
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Filing 371
COUNTER STATEMENT TO #341 Rule 56.1 Statement. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 370
RULE 56.1 STATEMENT. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #361 Proposed Order was reviewed and approved as to form. (km)
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Filing 369
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., Global Gaming Philippines, LLC, Enrique K. Razon, Jr.. Motion or Order to File Under Seal: #356 .(Perry, Daniel)
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Filing 368
MEMORANDUM OF LAW in Opposition re: #335 MOTION for Summary Judgment . . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 367
RULE 56.1 STATEMENT. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 366
MEMORANDUM OF LAW in Support re: #360 MOTION for Partial Summary Judgment . . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 365
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction. (Highlighted). Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., Global Gaming Philippines, LLC, Enrique K. Razon, Jr.. Motion or Order to File Under Seal: #356 .(Perry, Daniel)
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Filing 364
DECLARATION of Reynato S. Puno in Support re: #360 MOTION for Partial Summary Judgment ., #335 MOTION for Summary Judgment .. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 363
MEMORANDUM OF LAW in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction. (Redacted). Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 362
***SELECTED PARTIES***DECLARATION of Daniel M. Perry in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction.. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., Global Gaming Philippines, LLC, Enrique K. Razon, Jr.. (Attachments: #1 Exhibit 25, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28, #5 Exhibit 30, #6 Exhibit 32, #7 Exhibit 33, #8 Exhibit 40, #9 Exhibit 41, #10 Exhibit 54, #11 Exhibit 59, #12 Exhibit 61, #13 Exhibit 62, #14 Exhibit 65, #15 Exhibit 66)Motion or Order to File Under Seal: #356 .(Perry, Daniel)
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Filing 361
PROPOSED ORDER. Document filed by Global Gaming Philippines, LLC. Related Document Number: [335, 360]..(Ainsworth, Kevin) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 360
MOTION for Partial Summary Judgment . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 359
DECLARATION of Daniel M. Perry in Support re: #357 CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction.. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25 (Filed Under Seal), #26 Exhibit 26 (Filed Under Seal), #27 Exhibit 27 (Filed Under Seal), #28 Exhibit 28 (Filed Under Seal), #29 Exhibit 29, #30 Exhibit 30 (Filed Under Seal), #31 Exhibit 31, #32 Exhibit 32 (Filed Under Seal), #33 Exhibit 33 (Filed Under Seal), #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40 (Filed Under Seal), #41 Exhibit 41 (Filed Under Seal), #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54 (Filed Under Seal), #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59 (Filed Under Seal), #60 Exhibit 60, #61 Exhibit 61 (Filed Under Seal), #62 Exhibit 62 (Filed Under Seal), #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65 (Filed Under Seal), #66 Exhibit 66 (Filed Under Seal), #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72).(Perry, Daniel)
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Filing 358
LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated February 22, 2023. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 357
CROSS MOTION for Summary Judgment for Lack of Personal Jurisdiction. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 356
LETTER MOTION to Seal Documents Filed in Support of BRHI/SPI's Cross-Motion for Summary Judgment for Lack of Personal Jurisdiction and Opposition to Plaintiff's Motion to Enforce Arbitral Award addressed to Judge Lorna G. Schofield from Daniel M. Perry dated Feb. 22, 2023. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 355
MEMORANDUM OF LAW in Support re: #353 MOTION to Preclude the Testimony of Troy A. Dahlberg. . Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 354
DECLARATION of Rachel Penski Fissell in Support re: #353 MOTION to Preclude the Testimony of Troy A. Dahlberg.. Document filed by Enrique K. Razon, Jr.. (Attachments: #1 Exhibit A - Report of Troy A. Dahlberg, #2 Exhibit B - Excerpts of Rebuttal Report of Dahlberg, #3 Exhibit C - Excerpts of Dahlberg Depo. Tr., #4 Exhibit D - Excerpts of Alter Ego Chapter).(Fissell, Rachel)
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Filing 353
MOTION to Preclude the Testimony of Troy A. Dahlberg. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 352
DECLARATION of Kevin N. Ainsworth in Support re: #350 MOTION to Preclude Testimony of Catherine Rogers, Fredric Gushin, and Daniel Reeves.. Document filed by Global Gaming Philippines, LLC. (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).(Ainsworth, Kevin)
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Filing 351
MEMORANDUM OF LAW in Support re: #350 MOTION to Preclude Testimony of Catherine Rogers, Fredric Gushin, and Daniel Reeves. . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 350
MOTION to Preclude Testimony of Catherine Rogers, Fredric Gushin, and Daniel Reeves. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 349
ORDER denying #326 Letter Motion to Seal. It is hereby ORDERED that Plaintiffs letter motion to seal documents is DENIED, as no party has rebutted the presumption of public access. It is further ORDERED that Plaintiff shall request a link to upload the required courtesy copies by emailing Schofield_NYSDChambers@nysd.uscourts.gov, no later than January 31, 2023. The Clerk of Court is respectfully directed to close the motion at Dkt. 326, and to unseal the documents at Dkts. 331, 332 and 333. (Signed by Judge Lorna G. Schofield on 1/26/2023) (mml)
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Filing 348
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated January 30, 2023 re: #326 LETTER MOTION to Seal Documents Filed in Support of Plaintiff's Motion to Recognize and Enforce Arbitral Award addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated January 26, 2023. . Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 347
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated Jan. 30, 2023 re: response to Plaintiff's letter motion to seal [Dkt. 326]. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 346
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #335 MOTION for Summary Judgment . . Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Global Gaming Philippines, LLC, Sureste Properties, Inc.. Motion or Order to File Under Seal: #334 .(Fissell, Rachel)
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Filing 345
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Global Gaming Philippines, LLC, Sureste Properties, Inc.. Motion or Order to File Under Seal: #334 .(Fissell, Rachel)
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Filing 344
***SELECTED PARTIES***DECLARATION of Rachel Penski Fissell in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Global Gaming Philippines, LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit 35 - Occena Depo excerpt)Motion or Order to File Under Seal: #334 .(Fissell, Rachel)
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Filing 343
***SELECTED PARTIES***DECLARATION of Arcan L. Lat in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Global Gaming Philippines, LLC, Sureste Properties, Inc.. Motion or Order to File Under Seal: #334 .(Fissell, Rachel)
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Filing 342
MEMORANDUM OF LAW in Support re: #335 MOTION for Summary Judgment . . Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 341
RULE 56.1 STATEMENT. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 340
DECLARATION of Rachel Penski Fissell in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr.. (Attachments: #1 Exhibit 1 - Herbosa Expert Report excerpt, #2 Exhibit 2 - List of BRHI Board meetings, #3 Exhibit 3 - List of SPI Board meeting minutes, #4 Exhibit 4 - BRC 2021 Annual Report excerpts, #5 Exhibit 5 - Project Berry deck excerpts, #6 Exhibit 6 - Email re EOA, #7 Exhibit 7 - EOA excerpt, #8 Exhibit 8 - Offering Circular excerpt, #9 Exhibit 10 - BRHI Board minutes 9/12/13, #10 Exhibit 11 - SPI Board minutes 9/12/13, #11 Exhibit 12 - BRHI Board minutes 1/13/14, #12 Exhibit 13 - SPI Board minutes 1/13/14, #13 Exhibit 14 - BRHI Board minutes 12/29/14, #14 Exhibit 15 - SPI Board minutes 12/29/14, #15 Exhibit 16 - BRHI Board minutes 11/20/19, #16 Exhibit 17 - SPI Board minutes 11/20/19, #17 Exhibit 18 - BRHI Board minutes 3/4/21, #18 Exhibit 19 - SPI Board minutes 3/4/21, #19 Exhibit 20- BRHI Board minutes 4/27/21, #20 Exhibit 21- SPI Board minutes 4/27/21, #21 Exhibit 22 - Response to Arb Notice, #22 Exhibit 23 - PSE Disclosure 1/16/14, #23 Exhibit 24 - GGAM Ltr to PSE 1/16/14, #24 Exhibit 25 - RTC Order 2/14/14, #25 Exhibit 26 - PSE Notice 1/17/14, #26 Exhibit 28 - Ct App Resolution 5/29/15, #27 Exhibit 29 - Ct App Resolution 11/27/15, #28 Exhibit 30 - RTC Order 11/23/17, #29 Exhibit 31 - Ct App Decision 11/8/18, #30 Exhibit 32 - Petition to Singapore Ct, #31 Exhibit 33 - Festin Depo excerpt, #32 Exhibit 34 - Kaplan Depo excerpt, #33 Exhibit 35 - Occena Depo excerpt, #34 Exhibit 36 - Razon Depo excerpt, #35 Exhibit 37 - Rein Depo excerpt, #36 Exhibit 38 - Stone Depo excerpt, #37 Exhibit 39 - Tan Depo excerpt, #38 Exhibit 40 - Weidner Depo excerpt).(Fissell, Rachel)
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Filing 339
DECLARATION of Jose Lorenzo Kristian Serrano in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 338
DECLARATION of Silverio Benny J. Tan in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 337
DECLARATION of Arcan L. Lat in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 336
DECLARATION of Gerard Angelo Emilio J. Festin in Support re: #335 MOTION for Summary Judgment .. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 335
MOTION for Summary Judgment . Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 334
LETTER MOTION to Seal Certain Financial Data in Razon's Motion for Summary Judgment Papers addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated January 27, 2023. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 333
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. Motion or Order to File Under Seal: #326 .(Ainsworth, Kevin)
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Filing 332
***SELECTED PARTIES***DECLARATION of Kevin N. Ainsworth in Support re: #327 MOTION to Confirm Arbitration .. Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 14, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 19, #11 Exhibit 21, #12 Exhibit 23, #13 Exhibit 24, #14 Exhibit 38)Motion or Order to File Under Seal: #326 .(Ainsworth, Kevin)
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Filing 331
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #327 MOTION to Confirm Arbitration . . Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. Motion or Order to File Under Seal: #326 .(Ainsworth, Kevin)
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Filing 330
RULE 56.1 STATEMENT. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 329
DECLARATION of Kevin N. Ainsworth in Support re: #327 MOTION to Confirm Arbitration .. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 15, #9 Exhibit 18, #10 Exhibit 20, #11 Exhibit 22, #12 Exhibit 25, #13 Exhibit 26, #14 Exhibit 27, #15 Exhibit 28, #16 Exhibit 29, #17 Exhibit 30, #18 Exhibit 31, #19 Exhibit 32, #20 Exhibit 33, #21 Exhibit 34, #22 Exhibit 35, #23 Exhibit 36, #24 Exhibit 37).(Ainsworth, Kevin)
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Filing 328
MEMORANDUM OF LAW in Support re: #327 MOTION to Confirm Arbitration . . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 327
MOTION to Confirm Arbitration . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 326
LETTER MOTION to Seal Documents Filed in Support of Plaintiff's Motion to Recognize and Enforce Arbitral Award addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated January 26, 2023. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit Email attachment to Letter Motion to Seal, #2 Appendix Appendix A to Letter Motion to Seal).(Ainsworth, Kevin)
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Filing 325
ORDER: It is hereby ORDERED that Plaintiff and Defendant Razon shall file their motions and supporting papers as soon as possible, and no later than January 27, 2023. In the event that either Plaintiff or Defendant Razon no longer plan to move for summary judgment, the relevant party shall file a letter stating so, no later than January 27, 2023. ( Motions due by 1/27/2023.) (Signed by Judge Lorna G. Schofield on 1/26/2023) (tg)
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Filing 324
MEMO ENDORSEMENT on re: #323 Letter filed by Enrique K. Razon, Jr. ENDORSEMENT: Application GRANTED. Plaintiff and Defendant Razon may each file a maximum of 225 pages of exhibits in total in connection with their cross-motions for summary judgment with respect to any claims against Razon, regardless of the total number of exhibits. So Ordered. (Signed by Judge Lorna G. Schofield on 1/12/2023) (vfr)
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Filing 323
LETTER addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated January 11, 2023 re: Expansion of exhibit limits in support of summary judgment motion. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 322
OPINION & ORDER re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand filed by Enrique K. Razon, Jr. For the reasons given above, the Defendant's Motion to Dismiss the Count V of the SAC is DENIED. The Clerk of Court is respectfully directed to close the motion at Dkt. 232. (Signed by Judge Lorna G. Schofield on 1/11/2023) (vfr)
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Filing 321
ORDER denying #299 Letter Motion for Discovery; denying #302 Letter Motion for Discovery. It is hereby ORDERED that the case management conference scheduled for January 4, 2023, is CANCELLED. It is further ORDERED that Plaintiff's motion to recognize and enforce the foreign arbitral award against Debtor Defendants and Debtor Defendants' cross-motion for summary judgment on the claims relating to enforcement, including the defense of lack of personal jurisdiction, shall be briefed on the following schedule: By January 25, 2023, Plaintiff shall file its motion to recognize and enforce the foreign arbitral award. By February 22, 2023, Debtor Defendants shall file their opposition and any related cross-motion for summary judgment. By March 22, 2023, Plaintiff shall file its reply in support of its motion and its opposition to Debtor Defendant's motion. By April 5, 2023, Debtor Defendants shall file their reply in support of their motion.Plaintiff and the Debtor Defendants are each limited to fifty (50) pages of briefing in total, which they may allocate as they wish between the two memoranda of law. Plaintiff's request for additional exhibits to respond to the personal jurisdiction defense is granted in part and denied in part as follows: each side may file a maximum of 225 pages of exhibits in total for the foregoing motions and cross motions regardless of the total number of exhibits. It is further ORDERED that Razon's motion for summary judgment and Plaintiff's cross-motion for summary judgment with respect to any claims against Razon shall be briefed on the following schedule: By January 25, 2023, Razon shall file his motion for summary judgment. By February 22, 2023, Plaintiff shall file its opposition and cross-motion for summary judgment. By March 22, 2023, Razon shall file his reply in support of his motion and his opposition to Plaintiff's motion. By April 5, 2023, Plaintiff shall file its reply in support of its motion. Plaintiff and Razon are limited to fifty (50) pages of briefing in total, which they may allocate as they wish between the two memoranda of law. It is further ORDERED that Plaintiff's previously-filed motions to exclude the expert testimony of Catherine Rogers and to exclude the Spectrum Report are DENIED, without prejudice to renewal. Plaintiff's motions to exclude expert testimony from Debtor Defendants' experts shall be briefed on the following schedule: By February 22, 2023, Plaintiff shall re-file the motions as one motion to exclude expert testimony. By March 22, 2023, Debtor Defendants shall file their opposition. No reply shall be filed. Each memorandum of law shall not exceed twenty pages in total. It is further ORDERED that Defendant Razon's motion to exclude expert testimony from Plaintiff's expert, Troy Dahlberg, shall be briefed on the following schedule: By February 22, 2023, Razon shall file the motion. By March 22, 2023, Plaintiff shall file its opposition. No reply shall be filed. Each memorandum of law shall not exceed ten pages in total. It is further ORDERED that for all of the foregoing motions, any expert report (or portions of an expert report) filed as an exhibit shall count toward the page total. Any party that files portions of an expert report or deposition as an exhibit shall provide the Court with an electronic, text-searchable courtesy copy of the entire document, which will not count toward the page total. The parties shall email Schofield_NYSDChambers@nysd.uscourts.gov requesting a link to upload such a courtesy copy. The parties shall not file or provide multiple copies of the entirety of any expert report, even if relevant to multiple motions. It is further ORDERED that, except as provided above, the parties shall follow the Court's Individual Rules regarding these motions, including limitations regarding exhibits. ORDERED that the parties' motions for summary judgment and opposition shall incorporate any relevant evidentiary objections. The parties shall not file a separate motion regarding any such objection. It is further ORDERED that the parties shall brief their respective motions for summary judgment aware that the Trespass Claim survives Razon's pending motion to dismiss. A decision is forthcoming and will be issued in January. It is further ORDERED that Plaintiff's motion to file under seal portions of its letter in response toDefendants' pre-motion letters is DENIED. The parties are reminded that a presumption of public access applies to judicial records and that a party's designation of a document as confidential does not, in and of itself, rebut this presumption. The Clerk of Court is respectfully directed to close the motions at Dkt. 299 and Dkt. 302, and to unseal the document at Dkt. 319. (Signed by Judge Lorna G. Schofield on 12/30/2022) (mml)
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Set/Reset Deadlines: Cross Motions due by 2/22/2023. Motions due by 2/22/2023. Responses due by 3/22/2023. Replies due by 4/5/2023. (mml)
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Filing 320
LETTER addressed to Judge Lorna G. Schofield from Kaitlyn A. Crowe dated December 19, 2022 re: Redacted (Dkt 311) Pre-Motion Letter. Document filed by Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 319
***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Kaitlyn A. Crowe dated December 19, 2022 re: 311 Pre-Motion Letter.. Document filed by Enrique K. Razon, Jr., Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc..Motion or Order to File Under Seal: #316 .(Crowe, Kaitlyn)
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Filing 318
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated Dec. 19, 2022 re: response to Plaintiff's pre-motion letter (Dkt. 313). Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Text of Proposed Order re Briefing Schedule).(Perry, Daniel)
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Filing 317
LETTER addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated December 19, 2022 re: Pursuant to this Court's Order [Dkt. 311] and in response to GGAM's Pre-Motion Letter [Dkt. 313]. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 316
LETTER addressed to Judge Lorna G. Schofield from Kaitlyn Anne Crowe dated December 19, 2022 re: Letter motion to seal. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Appendix of parties and attorneys of record).(Crowe, Kaitlyn)
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Filing 315
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated Dec. 12, 2022 re: #311 Pre-Motion Letter. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1).(Perry, Daniel)
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Filing 314
LETTER addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated December 12, 2022 re: #311 Pre-Motion Letter. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 313
LETTER addressed to Judge Lorna G. Schofield from Kaitlyn A. Crowe dated December 12, 2022 re: #311 Pre-Motion Letter. Document filed by Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 312
NOTICE OF CHANGE OF ADDRESS by Kaitlyn Anne Crowe on behalf of Global Gaming Philippines, LLC. New Address: Mintz, Levin, Cohn, Ferris, Glovsky & Popeo. P,C., 919 Third Avenue, 38th Floor, New York, NY, United States 10022, 2129353000..(Crowe, Kaitlyn)
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Filing 311
ORDER: WHEREAS, the Case Management Plan and Scheduling Order, issued May 13, 2021, scheduled a conference following the close of discovery to discuss any contemplated dispositive motions the parties wish to file. That Order directs the parties to file a pre-motion letter at least two weeks prior to the conference in the form given in Individual Rule III.A.1. An Order issued October 7, 2022, adjourned this conference to January 4, 2023, at 4:10 p.m. It is hereby ORDERED that the Case Management Plan and Scheduling Order is amended as follows: By December 12, 2022, any party intending to file any motions (other than in limine motions) shall file a single pre-motion letter describing all such motions, including any motions for summary judgment and any motions regarding expert testimony. Any such letter shall comport with the Court's Individual Rules and shall not exceed two pages of discussion per motion. The opposing party shall file a responsive letter of no greater than equal length byDecember 19, 2022. To the extent that the parties have already filed motions to exclude expert discovery, see, e.g., Dkt. 299, Dkt. 302, they shall include a discussion of these motions in their respective letters. The parties' letters shall propose a briefing schedule for the anticipated motions and shall include, as necessary, a proposal and explanation regarding whether the proposed motions should be briefed simultaneously and, if not, the sequencing of any such briefing. On cross-motions for summary judgment, the court typically takes two memoranda of law per side. As the Court typically receives motions pertaining to expert testimony as in limine motions prior to trial, the parties shall explain any reason why such motions should be considered earlier., ( Telephone Conference set for 1/4/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/02/2022) (ama)
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Filing 310
ORDER with respect to #299 Motion for Discovery; with respect to #302 Motion for Discovery. Considering the issues raised by the parties' letters, the Court STAYS any further ruling with respect to Plaintiff's motion to exclude pending the January 4, 2023 conference before District Judge Schofield. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras) Modified on 12/1/2022 (ras).
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Filing 309
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated November 29, 2022 re: Plaintiff's Intentions Regarding Motions to Exclude Expert Witness Testimony. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 308
ORDER granting #307 Letter Motion for Extension of Time to File Response/Reply. For the reasons stated in the letter filed by Defendants BRHI/SPI, the Court's order at ECF No. 306 is modified as follows: To the extent Plaintiff intends to file any additional motions to exclude expert testimony, the motions filed at ECF Nos. 299 and 302 are premature and should be stricken. In such case, the parties shall await a schedule for filing such motions at the January 4, 2023 conference. To the extent Plaintiff does not intend to file any additional motions to exclude expert testimony, Plaintiff may stand by these motions. In such case, the time for Defendants BRHI/SPI to respond shall be set at the January 4, 2023 motion. Plaintiff is ORDERED to file a letter with the Court no later than November 30, 2022, to advise the Court of its intentions. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 307
LETTER MOTION for Extension of Time to File Response/Reply as to #303 Memorandum of Law in Support of Motion, #302 MOTION for Discovery to Exclude Spectrum Report., #299 MOTION for Discovery to Exclude Testimony of Catherine Rogers., #305 Letter, #300 Memorandum of Law in Support of Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated November 17, 2022. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. Return Date set for 1/4/2023 at 11:59 PM..(Perry, Daniel)
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Filing 306
ORDER: Defendants' opposition to the motions to exclude shall be filed by December 2, 2022. Defendants shall respond in a single brief of no more than 45 pages. Plaintiff may file a single reply brief, of no more than 20 pages, by December 9, 2022. (Signed by Magistrate Judge Sarah Netburn on 11/17/2022) (ras)
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Filing 305
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated November 15, 2022 re: Motions to Exclude Expert Testimony.. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 304
DECLARATION of Kevin N. Ainsworth in Support re: #302 MOTION for Discovery to Exclude Spectrum Report.. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A to Kevin Ainsworth Declaration, #2 Exhibit B to Kevin Ainsworth Declaration, #3 Exhibit C to Kevin Ainsworth Declaration, #4 Exhibit D to Kevin Ainsworth Declaration, #5 Exhibit E to Kevin Ainsworth Declaration, #6 Exhibit F to Kevin Ainsworth Declaration, #7 Exhibit G to Kevin Ainsworth Declaration, #8 Exhibit H to Kevin Ainsworth Declaration).(Ainsworth, Kevin)
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Filing 303
MEMORANDUM OF LAW in Support re: #302 MOTION for Discovery to Exclude Spectrum Report. . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 302
MOTION for Discovery to Exclude Spectrum Report. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 301
DECLARATION of Kevin N. Ainsworth in Support re: #299 MOTION for Discovery to Exclude Testimony of Catherine Rogers.. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A to Kevin Ainsworth Declaration, #2 Exhibit B to Kevin Ainsworth Declaration, #3 Exhibit C to Kevin Ainsworth Declaration, #4 Exhibit D to Kevin Ainsworth Declaration, #5 Exhibit E to Kevin Ainsworth Declaration, #6 Exhibit F to Kevin Ainsworth Declaration, #7 Exhibit G to Kevin Ainsworth Declaration, #8 Exhibit H to Kevin Ainsworth Declaration, #9 Exhibit I to Kevin Ainsworth Declaration, #10 Exhibit J to Kevin Ainsworth Declaration, #11 Exhibit K to Kevin Ainsworth Declaration).(Ainsworth, Kevin)
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Filing 300
MEMORANDUM OF LAW in Support re: #299 MOTION for Discovery to Exclude Testimony of Catherine Rogers. . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 299
MOTION for Discovery to Exclude Testimony of Catherine Rogers. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 298
ORDER granting #297 Motion for Michael J. Godwin to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #297 MOTION for Michael J. Godwin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26944710. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 297
MOTION for Michael J. Godwin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26944710. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Supplement Declaration in Support, #2 Exhibit A, #3 Text of Proposed Order Proposed Order).(Godwin, Michael)
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Filing 296
ORDER granting #295 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for October 19, 2022, is ADJOURNED to January 4, 2023, at 4:10 p.m. The conference will be telephonic and will take place on the following line: 888-363-4749; access code: 558-3333. The time of the conference is approximate but the parties shall be prepared to begin at the scheduled time. So Ordered. Telephone Conference set for 1/4/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/7/2022) (mml)
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Filing 295
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield dated October 6, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 294
MEMO ENDORSEMENT: on re: #292 Letter, filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc. ENDORSEMENT: For substantially the reasons set forth in Defendants' letter, Plaintiff's motion to set a briefing schedule and for leave to file excess pages is DENIED. Plaintiff's enforcement motion shall be briefed following the close of discovery alongside any motion(s) for summary judgment. (Signed by Judge Lorna G. Schofield on 8/24/2022) (ama)
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Filing 293
ORDER denying #280 Letter Motion to Compel. Defendants' motion to compel is timely but is denied otherwise for the reasons set forth in Plaintiff's August 4, 2022 letter, including that the RFAs are improper to the extent they seek to elicit facts rather than narrow the scope of any trial, and because they are either irrelevant or inconsistent with the Court's prior rulings. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 292
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated August 19, 2022 re: Response to Global Gaming Philippines, LLC Letter dated August 16, 2022 [ECF No. 291]. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 291
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated August 16, 2022 re: Plaintiffs response to the Courts August 11, 2022 Order [dkt. 290]. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ainsworth, Kevin)
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Filing 290
ORDER denying without prejudice #285 Letter Motion for Leave to File Excess Pages. Application DENIED without prejudice. Individual Rule III.A.3 requires the parties to exchange pre-motion letters concerning motions to enforce an arbitral award. By August 16, 2022, Plaintiff shall file (1) such letters and (2) a letter addressing whether the pending motion on Count V of the Second Amended Complaint (Dkt. No. 232) bears on the proposed motion to enforce and why the proposed motion should not be held until the close of discovery. By August 19, 2022, Defendants shall respond. (Signed by Judge Lorna G. Schofield on 8/11/2022) (mml)
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Filing 289
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated August 11, 2022 re: Response to Global Gaming Philippines, LLC Reply Letter dated August 10, 2022 [ECF No. 288]. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 288
LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated 8/10/2022 re: #285 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated August 5, 2022. Opposition to #287 Motion to Delay Enforcement of Foreign Arbitral Award. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 287
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Daniel M. Perry dated August 9, 2022 re: #285 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated August 5, 2022. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 286
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Daniel Perry dated August 8, 2022 re: #282 LETTER MOTION to Seal Plaintiff's Response to Defendants Motion to Compel [ECF No. 280] and exhibits addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated August 4, 2022. . Document filed by Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr...(Perry, Daniel)
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Filing 285
LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated August 5, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 284
ORDER granting #281 Letter Motion for Leave to File Document; granting #282 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 283
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated August 4, 2022 re: #280 LETTER MOTION to Compel Global Gaming Philippines, LLC to respond to Defendants' First Set of Requests for Admission addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 1, 2022. . Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #282 .(Ainsworth, Kevin)
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Filing 282
LETTER MOTION to Seal Plaintiff's Response to Defendants Motion to Compel [ECF No. 280] and exhibits addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated August 4, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 281
***SELECTED PARTIES*** LETTER MOTION for Leave to File Exhibits To Defendants' Motion to Compel Under Seal addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 1, 2022. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Global Gaming Philippines, LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC. (Attachments: #1 Exhibit D, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K)Motion or Order to File Under Seal: #95 .(Perry, Daniel)
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Filing 280
LETTER MOTION to Compel Global Gaming Philippines, LLC to respond to Defendants' First Set of Requests for Admission addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 1, 2022. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Filed Under Seal), #5 Exhibit E, #6 Exhibit F-K (Filed Under Seal)).(Perry, Daniel)
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Filing 279
REPLY MEMORANDUM OF LAW in Support re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand. . Document filed by Enrique K. Razon, Jr.. (Attachments: #1 Appendix A - Side-by-Side Comparison of Trespass Claim allegations and Final Award decision).(Fissell, Rachel)
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Filing 278
REPLY AFFIDAVIT of Marjorie T. Uyengco-Nolasco in Support re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand.. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 277
STIPULATION AND ORDER REGARDING EXPERT DISCOVERY SCHEDULE: IT IS HEREBY STIPULATED, AGREED, AND ORDERED THAT: Initial expert reports, if any, must be served no later than September 16, 2022; Rebuttal expert reports, if any, must be served no later than November 4, 2022; Depositions of expert witness(es) will take place between November 7, 2022 and December 9, 2022; and The deadline for completion of expert discovery is December 9, 2022. No further extensions will be granted. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 276
PROPOSED STIPULATION AND ORDER. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 275
ORDER granting #274 Motion to Withdraw as Attorney. Attorney Iris Greenquist terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 274
MOTION for Iris B. Greenquist to Withdraw as Attorney . Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Text of Proposed Order Proposed Order).(Greenquist, Iris)
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Filing 273
AMENDED ANSWER to #218 Amended Complaint,. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 272
NOTICE of Stipulation Regarding Defendants' Amended Answer. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 271
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE AND EXPERT DISCOVERY SCHEDULE: IT IS HEREBY STIPULATED, AGREED, AND ORDERED THAT: 1. Razon's reply brief in further support of the MTD will be due on July 29, 2022; 2. Initial expert reports, if any, must be served no later than August 12, 2022; 3. Rebuttal expert reports, if any, must be served no later than September 30, 2022; 4. Depositions of expert witness(es) will take place between October 1, 2022 and October 31, 2022; and 5. The deadline for completion of expert discovery is October 31, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/22/2022) (ras)
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Filing 270
DECLARATION of Reynato S. Puno in Opposition re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand.. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 269
MEMORANDUM OF LAW in Opposition re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand. . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 268
PROPOSED STIPULATION AND ORDER. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 267
ORDER granting #264 Letter Motion to Seal. Plaintiff's motion to seal is GRANTED. Plaintiff's application to depose non-party Ahmad Atwan for 3.5 hours is GRANTED. Defendants' request for document discovery into Plaintiff's communications with Mr. Atwan is DENIED for the reasons previously provided by the Court. At Mr. Atwan's deposition, however, Defendants may cross examine the witness with respect to his cooperation with Plaintiff's claims and/or his "coaching" in connection with his testimony. Defendants' request for additional discovery in response to Plaintiff's instruction to its Rule 30(b)(6) witness not to answer certain questions is DENIED. The proper remedy would have been to seek relief from Plaintiff's objection. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 266
ORDER: It is hereby ORDERED that the Debtor Defendants' objections to the April 18, 2022, Order at Dkt. No. 231 are OVERRULED. The April 18, 2022, Order incorporated by reference the analysis in (1) Dkt. No. 155, in which Judge Netburn denied a motion to compel the production of documents related to the Debtor Defendants' fraud defense and (2) Dkt. No. 170, in which this Court overruled the Debtor Defendants' objections to Dkt. No. 155. For substantially the same reasons, the instant objections -- which seek to allow the Debtor Defendants to depose witnesses about the same fraud defense -- are overruled. As this Court previously held: As set forth herein. (Dkt. No. 170 at 2-3.) Accordingly, the April 18, 2022, Order granting Plaintiff's motion for a protective order is not clearly erroneous or contrary to law. (Signed by Judge Lorna G. Schofield on 6/03/2022) (ama)
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Filing 265
***SELECTED PARTIES***LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah Netburn from Kaitlyn A. Crowe dated June 1, 2022 re: #254 LETTER MOTION to Compel 30(b)(6) Witness and to Seek Leave for Third-Party Deposition addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 24, 2022. . Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Motion or Order to File Under Seal: #264 .(Crowe, Kaitlyn)
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Filing 264
LETTER MOTION to Seal Plaintiff's letter in further support of Plaintiffs May 24, 2022 application addressed to Magistrate Judge Sarah Netburn from Kaitlyn A. Crowe dated June 1, 2022. Document filed by Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 263
ORDER granting in part #254 Letter Motion to Compel. Plaintiff is granted leave to conduct the deposition of Silverio "Benny" Tan for 10 hours and over two days. To the extent Plaintiff wishes to respond to Defendants' request for relief in connection with Mr. Atwan's deposition, Plaintiff must do so by June 1, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 262
ORDER granting #259 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 261
ORDER granting #256 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 260
***SELECTED PARTIES*** RESPONSE re: #254 LETTER MOTION to Compel 30(b)(6) Witness and to Seek Leave for Third-Party Deposition addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 24, 2022. . Document filed by Global Gaming Philippines, LLC, Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. (Attachments: #1 Exhibit A - Rough Tr of Razon Deposition)Motion or Order to File Under Seal: #259 .(Ainsworth, Kevin)
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Filing 259
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 27, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 258
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated 5-27-2022 re: #254 LETTER MOTION to Compel 30(b)(6) Witness and to Seek Leave for Third-Party Deposition addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 24, 2022. . Document filed by Enrique K. Razon, Jr., Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #256 .(Perry, Daniel)
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Filing 257
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated 5-27-2022 re: #254 LETTER MOTION to Compel 30(b)(6) Witness and to Seek Leave for Third-Party Deposition addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 24, 2022. . Document filed by Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2 - Redacted).(Perry, Daniel)
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Filing 256
LETTER MOTION to Seal Exhibit 2 to Defendants' letter in response to Plaintiffs letter motion dated May 24, 2022 (Dkt. 254) addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated 5-27-2022. Document filed by Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc...(Perry, Daniel)
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Filing 255
ORDER denying #245 Letter Motion to Compel. DENIED. The motion to compel is not timely, and even if it were, the documents sought by the RFPs are not proportional to the needs of the case. This ruling, however, does not preclude Plaintiff from seeking related information during depositions. (Signed by Magistrate Judge Sarah Netburn on 5/25/2022) (ras)
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Filing 254
LETTER MOTION to Compel 30(b)(6) Witness and to Seek Leave for Third-Party Deposition addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 24, 2022. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A - May 6, 2022 Letter from Defendants Counsel, #2 Exhibit B - May 20, 2022 Letter from Plaintiffs Counsel, #3 Exhibit C - May 23, 2022 Email from Defendants Counsel).(Ainsworth, Kevin)
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Filing 253
AMENDED ANSWER to #218 Amended Complaint,. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 252
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated May 16, 2022 re: #245 LETTER MOTION to Compel Defendants Bloomberry Resorts and Hotels, Inc. (BRHI) and Sureste and Properties, Inc. (SPI) to produce documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 6, 2022. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Perry, Daniel)
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Filing 251
RESPONSE in Opposition to Motion re: #238 MOTION to Vacate 231 Order on Motion for Discovery, [ECF 226]. . Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Ainsworth, Kevin)
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Filing 250
ORDER granting #249 Letter Motion for Extension of Time. Defendants shall file their opposition to Plaintiff's letter motion to compel no later than May 16, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 249
LETTER MOTION for Extension of Time to Respond to Motion to Compel [ECF 245] addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated May 11, 2022. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 248
ORDER: granting #244 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for May 11, 2022 is ADJOURNED to October 19, 2022, at 4:10 p.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 244. Telephone Conference set for 10/19/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/10/2022) (ama)
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Set/Reset Deadlines: Expert Discovery due by 9/30/2022. Fact Discovery due by 6/2/2022. (ama)
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Filing 247
MEMO ENDORSEMENT on re: #243 JOINT LETTER MOTION for Discovery (Establish Schedule for Expert Disclosure) addressed to Magistrate Judge Sarah Netburn from All Counsel dated May 6, 2022, filed by Global Gaming Philippines, LLC. ENDORSEMENT: SO ORDERED. (Expert Discovery due by 9/30/2022.) (Signed by Magistrate Judge Sarah Netburn on 5/9/2022) (ras)
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Filing 246
MEMORANDUM OF LAW in Support re: #238 MOTION to Vacate 231 Order on Motion for Discovery, [ECF 226]. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Perry, Daniel)
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Filing 245
LETTER MOTION to Compel Defendants Bloomberry Resorts and Hotels, Inc. (BRHI) and Sureste and Properties, Inc. (SPI) to produce documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated May 6, 2022. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ainsworth, Kevin)
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Filing 244
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from All Counsel dated May 6, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 243
JOINT LETTER MOTION for Discovery (Establish Schedule for Expert Disclosure) addressed to Magistrate Judge Sarah Netburn from All Counsel dated May 6, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Set/Reset Deadlines: Replies due by 7/17/2022. (mml)
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Filing 242
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE: IT IS HEREBY STIPULATED, AGREED, AND ORDERED THAT: 1. GGAM's Opposition to Razon's MTD will be due on June 17, 2022; 2. Razon's Reply to GGAM's Opposition will be due on July 17, 2022; 3. The Parties further agree to defer any discussions about discovery, if any, regarding punitive damages until the earliest of one of the following: (i) the Court rules on the MTD; or (ii) the Parties agree to a stipulation of facts that obviate the need for discovery regarding punitive damages; and 4. The Parties agree to meet and confer regarding the scope, if any, of Mr. Razon's deposition with respect to punitive damages. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 5/5/2022) (mml)
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Set/Reset Deadlines: Responses due by 7/17/2022. (mml)
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Filing 241
NOTICE OF APPEARANCE by Erin Marie Culbertson on behalf of Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Culbertson, Erin)
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Filing 240
ORDER: It is hereby ORDERED that, by May 6, 2022, the Bloomberry Defendants shall file an amended memorandum of law in support of the objections, not to exceed ten pages. It is further ORDERED that, by May 13, 2022, Plaintiff shall file an response, not to exceed ten pages. The Clerk of Court is respectfully directed to strike the filing at Dkt. No. 239. (Responses due by 5/3/2022) (Signed by Judge Lorna G. Schofield on 5/3/2022) (mml)
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Filing 239
***STRICKEN DOCUMENT. Document number #239 has been stricken from the case record. The document was stricken from this case pursuant to #240 Order. MEMORANDUM OF LAW in Support re: #238 MOTION to Vacate 231 Order on Motion for Discovery, [ECF 226]. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Perry, Daniel) Modified on 5/3/2022 (mml).
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Filing 238
MOTION to Vacate 231 Order on Motion for Discovery, [ECF 226]. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 237
ANSWER to #218 Amended Complaint,. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 236
PROPOSED STIPULATION AND ORDER. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 235
MEMORANDUM OF LAW in Support re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand. . Document filed by Enrique K. Razon, Jr...(Walfish, Daniel)
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Filing 234
DECLARATION of Ninez C. Maningat in Support re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand.. Document filed by Enrique K. Razon, Jr...(Walfish, Daniel)
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Filing 233
DECLARATION of Marjorie T. Uyengco-Nolasco in Support re: #232 MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand.. Document filed by Enrique K. Razon, Jr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Walfish, Daniel)
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Filing 232
MOTION to Dismiss Count V of the Second Amended Complaint and Punitive Damages Demand. Document filed by Enrique K. Razon, Jr...(Walfish, Daniel)
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Filing 231
ORDER granting #226 Letter Motion for Discovery. For the reasons stated at ECF 155, and affirmed by the District Judge at ECF 170, Plaintiff's motion for a protective order precluding Defendants BRHI/SPI from questioning witnesses regarding allegations of fraud committed in connection with the arbitration is GRANTED. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 230
ORDER granting #227 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 229
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated April 18, 2022 re: #226 LETTER MOTION for Discovery (Request for Protective Order) addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated April 15, 2022. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibits 1-4 (Filed Under Seal)).(Perry, Daniel)
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Filing 228
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated April 18, 2022 re: #226 LETTER MOTION for Discovery (Request for Protective Order) addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated April 15, 2022. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Global Gaming Philippines, LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Motion or Order to File Under Seal: #227 .(Perry, Daniel)
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Filing 227
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated April 18, 2022. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 226
LETTER MOTION for Discovery (Request for Protective Order) addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated April 15, 2022. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A-Debtor Defendants Responses and Objections to Plaintiffs Rule 30(b)(6) deposition topics, #2 Exhibit B-Correspondence of April 14, 2022, between Plaintiffs Counsel and Debtor Defendants Counsel).(Ainsworth, Kevin)
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Filing 225
ANSWER to #218 Amended Complaint,. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 224
ORDER granting #222 Letter Motion for Extension of Time. Defendant Razon shall either answer the Second Amended Complaint or file a partial motion to dismiss by no later than April 18, 2022. Additionally, the fact discovery deadline is extended to June 2, 2022. Because discovery will not be stayed should Defendant Razon file a motion to dismiss, the Court requests counsel to consider whether efficiencies are gained by filing such a motion at this stage of the litigation. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 223
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated April 6, 2022 re: #222 LETTER MOTION for Extension of Time to Respond to Second Amended Complaint addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated April 6, 2022. . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 222
LETTER MOTION for Extension of Time to Respond to Second Amended Complaint addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated April 6, 2022. Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 221
ORDER withdrawing #219 Letter Motion for Discovery. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 220
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated April 4, 2022 re: Withdrawal of Motion for Discovery (219). Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 219
LETTER MOTION for Discovery re: scheduling of depositions addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated April 1, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 218
SECOND AMENDED COMPLAINT amending #85 Amended Complaint,, against Bloomberry Resorts and Hotels Inc., Enrique K. Razon, Jr., Sureste Properties, Inc. with JURY DEMAND.Document filed by Global Gaming Philippines, LLC. Related document: #85 Amended Complaint,,. (Attachments: #1 Appendix 1-Final Award, #2 Appendix 2-Liability Award, #3 Appendix 3-Order re Interim Measures, #4 Appendix 4-Management Services Agreement).(Ainsworth, Kevin)
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Filing 217
NOTICE OF APPEARANCE by Kaitlyn Anne Crowe on behalf of Global Gaming Philippines, LLC..(Crowe, Kaitlyn)
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Filing 216
OPINION AND ORDER re: #117 MOTION to Dismiss the First Amended Complaint. filed by 11 Essex Street Realty LLC, Fesara LLC, Collingwood USA, Inc., Bowery Bay LLC, Ensara LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Campanilla LLC, Asia Arrow Limited, Rizolina LLC, Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., Nozar LLC, COLLINGWOOD OIL & GAS HOLDINGS, LLC, Enrique K. Razon, Jr., Collingwood Appalachian Minerals, LLC, Collingwood Investment Company Limited. For the foregoing reasons, Defendant's motion to dismiss is GRANTED in part and DENIED in part. For clarity, the remaining claims are enforcement of arbitration against the Debtor Defendants and Razon, the request for declaratory judgment that Razon is an alter ego of the Debtor Defendants and the request for injunctive relief against the transfer of assets by the Debtor Defendants and Razon. By March 28, 2022, Plaintiff may file a Second Amended Complaint for the limited purpose of asserting a trespass to chattel claim against Razon. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 117. ( Amended Pleadings due by 3/28/2022.) (Signed by Judge Lorna G. Schofield on 3/21/2022) (rro)
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Filing 215
MEMO ENDORSEMENT on re: #214 Letter filed by Global Gaming Philippines, LLC. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/1/2022) (ras)
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Filing 214
JOINT LETTER addressed to Magistrate Judge Sarah Netburn dated February 28, 2022 re: deposition schedule. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 213
ORDER granting #212 Letter Motion for Extension of Time. The parties shall file a joint status letter providing dates for all outstanding depositions by no later than February 28, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 212
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn dated February 17, 2022. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 211
MEMO ENDORSEMENT on re: #210 Letter filed by Global Gaming Philippines, LLC. ENDORSEMENT: The briefing schedule at ECF No. 207 is VACATED. (Signed by Magistrate Judge Sarah Netburn on 1/28/2022) (ras)
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Filing 210
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated January 27, 2022 re: vacating privilege dispute briefing schedule. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 209
STIPULATION AND ORDER REGARDING DISCOVERY SCHEDULE: IT IS HEREBY STIPULATED, AGREED AND ORDERED that: The date for completion of fact discovery, except for discovery related to punitive damages, is extended to May 26, 2022. The date for completion of expert discovery is extended to August 12, 2022. No further extensions of the deadline for discovery will be granted. The parties shall file a joint status letter with the Court by February 21, 2022, providing dates for all outstanding depositions. (Expert Discovery due by 8/12/2022. Fact Discovery due by 5/26/2022.) (Signed by Magistrate Judge Sarah Netburn on 1/19/2022) (ras)
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Filing 208
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated January 19, 2022 re: Schedule. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Stipulation and Proposed Order Regarding Discovery Schedule).(Ainsworth, Kevin)
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Filing 207
ORDER denying without prejudice #197 Letter Motion for Conference. The Court has reviewed Plaintiff's letter dated December 20, 2021, and the Defendant Energy Entities' responsive letter, dated January 6, 2022. Plaintiff's request for a 502(d) Order is DENIED without prejudice. The Energy Entities are ORDERED to supplement their privilege log to permit counsel to assess the privilege for each document on an individualized basis; that is, the Energy Entities may not rely on a categorical privilege. The Energy Entities must serve this supplemental privilege log no later than January 14, 2022. The parties are ORDERED thereafter to meet and confer. If disputes remain, Plaintiff shall identify ten exemplar documents for the Court's in camera review. Plaintiff must identify those documents to the Energy Entities by January 21, 2022. The Energy Entities shall file a letter motion of not more than five pages defending the privilege as to these documents by January 28, 2022. At that same time, the Energy Entities shall also email to the Court the ten exemplar documents for in camera review. Plaintiff shall file a responsive letter of not more than five pages by February 4, 2022. All other requests for relief are denied. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 206
RESPONSE re: #204 Letter, to Pre-Motion Letter by Collingwood Entity Defendants. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 205
ORDER: WHEREAS, on May 13, 2021, the Court issued a Case Management Plan and Scheduling Order which set a case management conference for January 13, 2022, at 10:40 a.m., approximately fourteen days after the close of all discovery. (Dkt. No. 51.) WHEREAS, on September 21, 2021, Magistrate Judge Netburn extended the deadline for fact discovery to February 11, 2022, and on October 20, 2021, extended the deadline for expert discovery to April 27, 2022. (Dkt. No. 173 (Netburn, M.J.).) It is hereby ORDERED that the case management conference scheduled for January 13, 2022, is ADJOURNED to May 11, 2022, at 4:10 p.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. ( Fact Discovery due by 2/11/2022., Telephone Conference set for 5/11/2022 at 4:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/6/2022) (vfr)
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Filing 204
LETTER addressed to Magistrate Judge Sarah Netburn from Corey J. Seel dated January 6, 2022 re: RESPONSE to Plaintiff's Motion for Conference (Dkt. 197). Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit).(Seel, Corey)
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Filing 203
ORDER granting #202 Letter Motion for Extension of Time to File Response/Reply. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 202
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #197 LETTER MOTION for Conference re: Plaintiff's anticipated motion for determination of privilege pursuant to Rule 26(b)(5)(B) addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated December 20, 2021. addressed to Magistrate Judge Sarah Netburn dated December 29, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 201
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/23/21 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....(Moya, Goretti)
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Filing 200
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/23/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: George Malinowski, (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 1/14/2022. Redacted Transcript Deadline set for 1/24/2022. Release of Transcript Restriction set for 3/24/2022..(Moya, Goretti)
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Filing 199
ORDER with respect to #197 Letter Motion for Conference re: #197 LETTER MOTION for Conference re: Plaintiff's anticipated motion for determination of privilege pursuant to Rule 26(b)(5)(B) addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated December 20, 2021. On December 20, 2021, Plaintiff filed a request for a pre-motion conference for a motion to determine the status of documents produced by Ahmad Atwan pursuant to Rule 26 (b)(5)(B). ECF No. 197. Under the Court's Individual Rules of Practice, responsive letters in discovery disputes must be submitted within three business days. However, in light of the upcoming holiday, the Defendant Collingwood Entities responsive letter, if any, shall be filed no later than January 3, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/22/2021) (js)
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Filing 198
NOTICE OF APPEARANCE by Barry A. Bohrer on behalf of Global Gaming Philippines, LLC..(Bohrer, Barry)
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Filing 197
LETTER MOTION for Conference re: Plaintiff's anticipated motion for determination of privilege pursuant to Rule 26(b)(5)(B) addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated December 20, 2021. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Ainsworth, Kevin)
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Filing 196
ORDER: With respect to JX-1 RFP 4, the motion to compel is DENIED. In addition to reviewing the parties' statements in connection with the December 3, 2021 filing, the Court has reviewed the parties' original letters on this issue at ECF Nos. 109 & 124. Plaintiff has already received from the Debtor Defendants substantial discovery (albeit pre-2014) related to the Option Shares from the arbitration discovery. See 124 at 3, n.11. Thus, the Court weighs the burden on the Debtor Defendants of conducting further searches with the probative value that such production may present to Plaintiff and finds that the burden outweighs the value. To the extent that this discovery concerns Plaintiff's Count VI (Conversion) against Razon, further discovery against the Debtor Defendants - especially with respect to public financial disclosures - is unwarranted. To the extent that this discovery concerns Plaintiff's alter ego theory, Plaintiff has already obtained significant discovery on this issue. The Plaintiff is ORDERED to make reasonable efforts to obtain the results of the search of non-party Chiu's email and update Defendants by December 20, 2021. The Defendants' request that Plaintiff be ordered to respond to the Defendant Real Estate Entities Interrogatories Nos. 1-3 by December 6, 2021, is DENIED. Plaintiff is ORDERED to serve its response to the interrogatories by December 20, 2021. The stay of document production ordered on November 18, 2021, is lifted. ECF No. 181. Document production shall be substantially completed by December 23, 2021. (Signed by Magistrate Judge Sarah Netburn on 12/10/2021) (ate)
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Filing 195
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated December 9, 2021 re: response to Order (Dkt. 194). Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 194
ORDER re: #189 Letter, filed by Global Gaming Philippines, LLC. Plaintiff is directed to identify the Request for Production for which there remains a dispute (identified in JX-1 as RFP 4). The Court has reviewed ECF No. 112-4 and is unable to locate this RFP. Plaintiff shall file its letter response identifying by number this RFP by December 9, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (Netburn, Sarah)
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Filing 193
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/12/21 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....(Moya, Goretti)
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Filing 192
TRANSCRIPT of Proceedings re: conference held on 11/12/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Alena Lynch, (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 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022..(Moya, Goretti)
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Filing 191
ORDER withdrawing #179 Letter Motion to Compel. In light of the parties' agreement, Plaintiff's Motion to Compel is withdrawn. The Clerk of Court is respectfully directed to close the gavel at ECF No. 179. (Signed by Magistrate Judge Sarah Netburn on 12/7/2021) (ras)
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Filing 190
JOINT LETTER addressed to Magistrate Judge Sarah Netburn dated December 6, 2021 re: Plaintiff's Motion to Compel Discovery from CICL (Dkt. 179). Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 189
JOINT LETTER addressed to Magistrate Judge Sarah Netburn dated December 3, 2021 re: Status report. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit JX-1, #2 Exhibit PX-1, #3 Exhibit PX-2, #4 Exhibit DX-1).(Ainsworth, Kevin)
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Filing 188
ORDER granting #187 Letter Motion for Extension of Time to File Response/Reply. Plaintiff shall file its reply brief on its Motion to Compel Discovery by December 6, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 187
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #179 LETTER MOTION to Compel Defendant Collingwood Investment Company Limited (CICL) to Response to Plaintiffs First Set of Requests for Production of Documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated November 11, 2021 addressed to Magistrate Judge Sarah Netburn dated December 3, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 186
ORDER granting #185 Letter Motion for Discovery. This application reflects yet another lost opportunity for the parties to cooperate. The Court intended the filing to be on Friday, and absent a willingness to reach agreement, the Court stands by that intention. The submissions due pursuant to the Court's November 29, 2021 Order shall be filed on Friday, December 3, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 185
LETTER MOTION for Discovery Update Letter Due Date addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated December 2, 2021. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC..(Fissell, Rachel)
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Filing 184
ORDER: On November 23, 2021, the Court held a conference to discuss outstanding discovery disputes. By December 4, 2021, the parties shall file a status letter with the Court addressing the following: As set forth herein. In addition, by December 4, 2021, either Plaintiff shall file its Reply to the Defendant Collingwood Investment Company Limited's opposition to its Motion to Compel or the Parties shall provide a report on their agreement. Lastly, by December 23, 2021, Defendants shall provide the results of non-party SilverioTans search of his email to Plaintiff. SO ORDERED., ( Replies due by 12/4/2021.) (Signed by Magistrate Judge Sarah Netburn on 11/29/2021) (ama)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 11/23/2021. (ras)
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Filing 183
JOINT LETTER addressed to Magistrate Judge Sarah Netburn dated November 22, 2021 re: Conference on November 23, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 182
RESPONSE Letter to Plaintiff's Motion to Compel against Collingwood Investment Company Limited. Document filed by Collingwood Investment Company Limited..(Seel, Corey)
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Filing 181
ORDER: Plaintiff is ORDERED to provide a total of 18 unique search strings to be run on Defendants' ICTSI and Solaire data repositories by Monday, November 15, 2021. Defendants shall provide Plaintiff with hit reports on each of the search strings by Friday, November 19, 2021. Document production is STAYED pending the outcome of searches using the new search terms. The Court authorizes discovery related to the option shares, including such discovery for dates after 2014. Plaintiff's objection to the redaction of board minutes on relevancy grounds is SUSTAINED. Defendants are ORDERED to produce unredacted board minutes, except that highly sensitive commercial or proprietary information may be redacted and such redaction shall be identified on a privilege log. Plaintiff's objection to the redaction of the salaries of certain officers is OVERRULED. Plaintiff's objection to the redaction of full bank account numbers is OVERRULED in part. The Defendants may redact all but the last four digits of the account numbers. Defendants are ORDERED to present Plaintiff's search terms to Silverio Tan and Jose Alarilla and request that they conduct searches on their email accounts. By Monday, November 22, 2021, the parties shall file a status letter with the Court on the discovery disputes discussed at the conference, including whether Tan and Alarilla have consented to search their email accounts. That letter should state whether the parties believe that a conference is necessary. If a conference is necessary, it will be held in-person on Tuesday, November 23, 2021, at 3:00 PM in Courtroom 11C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. It is ORDERED that per the SDNY COVID-19 Courthouse Entry Program, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. Lastly, Plaintiff has filed a motion to compel against Defendant Collingwood Investment Company Limited. ECF No. 179. Defendant shall file its opposition letter brief by Thursday, November 18, 2021. Plaintiff's reply shall be filed by November 23, 2021. (Discovery Hearing set for 11/23/2021 at 03:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/18/2021) (ras)
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Filing 180
ORDER granting #178 Letter Motion to Seal. Plaintiff's motion to seal the Motion to Compel is granted on an interim basis. The Court may reconsider this ruling when it addresses the motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 11/12/2021. (ras)
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Filing 179
***SELECTED PARTIES*** LETTER MOTION to Compel Defendant Collingwood Investment Company Limited (CICL) to Response to Plaintiffs First Set of Requests for Production of Documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated November 11, 2021. Document filed by All Defendants. (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)Motion or Order to File Under Seal: #178 .(Ainsworth, Kevin)
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Filing 178
LETTER MOTION to Seal Motion to Compel CICL addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated November 11, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 177
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated November 10. 2021 re: Joint Ltr to Judge Netburn re Outstanding Discovery Disputes. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit PX-1, #2 Exhibit PX-2, #3 Exhibit PX-3).(Ainsworth, Kevin)
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Filing 176
ORDER: A hearing is currently scheduled for November 12, 2021, at 11:00 a.m. and will be held in Courtroom 11C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. It is ORDERED that per the SDNY COVID-19 Courthouse Entry Program, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. It is further ordered that any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. (Signed by Magistrate Judge Sarah Netburn on 11/10/2021) (ras)
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Filing 175
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated October 29, 2021 re: ESI and TAR issues. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit PX-1, #2 Exhibit DX1, #3 Exhibit DX2, #4 Exhibit DX3, #5 Exhibit DX4).(Ainsworth, Kevin)
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Filing 174
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated October 29, 2021 re: ESI and TAR issues. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 173
ORDER: This Order addresses many of the issues raised in the parties letters dated October 8 and 15, 2021. On September 21, 2021, the Court extended discovery to February 11, 2022. The parties request confirmation that a similar extension would apply to the expert discovery deadline. That application is granted. Expert discovery shall be completed by April 27, 2022. The parties also requested confirmation regarding their ongoing obligation to provide District Judge Schofield with a status letter every 30 days. In light of the Courts supervision of the parties' discovery, this requirement is vacated, and the parties are no longer required to continue to file 30-day status letters. In the October 15, 2021 letter, Plaintiff complains that the Defendants have failed to produce documents previously ordered by the Court. Defendants are ORDERED to produce the documents ordered at the August 4 hearing and in the September 15, 2021 Order at ECF 154 by October 29, 2021, or show cause why they are unable to do so. Defendants are also directed to paragraphs H(1)-(2) on page 5 of the parties October 16, 2021 letter regarding their obligations.Plaintiff further complains that the Defendants are not using a litigation-support software to search and produce responsive documents. Rule 26(g) requires a party responding to discovery requests to conduct a "reasonable inquiry." In the context of electronically stored information (ESI), that may require the use of a technology-assisted review (TAR) program. In light of the issues raised by the Plaintiff, use of TAR or other software is likely necessary. The parties are ORDERED to meet and confer to discuss production of all ESI, including whether a TAR software is necessary. The parties are ORDERED to report to the Court on the status of their discussions and whether any disputes remain by October 29, 2021. All other provisions as further set forth in this order. So Ordered (Expert Discovery due by 4/27/2022., Responses due by 10/29/2021), ( Status Conference set for 11/12/2021 at 11:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/20/2021) (js)
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Filing 172
JOINT LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated 10/18/2021 re: Joint Status Report. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 171
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated October 15, 2021 re: identifying and providing a status update on outstanding discovery disputes.. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A).(Ainsworth, Kevin)
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Filing 170
ORDER: ORDERED that Defendants Bloomberry Resorts and Hotels Inc.'s and Sureste Properties, Inc.'s objections to the September 16, 2021, Order at Docket No. 155 are OVERRULED. It is well-settled that "[t]he confirmation of an arbitration award is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court." Beijing Shougang Mining Inv. Co., Ltd. v. Mongolia, 11 F.4th 144, 160 (2d Cir. 2021). Discovery in this proceeding similarly should be limited "to avoid undermining the twin goals of arbitration, namely, settling disputes efficiently and avoiding long and expensive litigation." Id. (internal quotation marks omitted). Accordingly, the September 16, 2021, Order denying the motion to compel is not clearly erroneous or contrary to law. (Signed by Judge Lorna G. Schofield on 10/12/2021) (mml)
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Filing 169
JOINT LETTER addressed to Magistrate Judge Sarah Netburn dated October 8, 2021 re: Status Update. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 168
MEMORANDUM OF LAW in Opposition re: #165 Objection (non-motion) . Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A-Judgment of Court of Appeal on Final Award).(Ainsworth, Kevin)
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Filing 167
LETTER addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated October 1, 2021 re: Defendants' Update on Search Term Reports. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Fissell, Rachel)
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Filing 166
ORDER: It is hereby ORDERED that, by October 7, 2021, Plaintiffs shall file any opposition to Docket No. 165. (Signed by Judge Lorna G. Schofield on 10/1/2021) (mml)
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Filing 165
Objection re: #155 Order on Motion to Compel,,, . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 164
ORDER granting #163 Letter Motion for Extension of Time. Defendants' motion for a one-week extension of time to run a search term report is GRANTED. Defendants are ordered to provide an update to Plaintiffs on Wednesday, September 29, 2021, on the status of their data collection and to provide Plaintiff with a hit count by Friday, October 1, 2021, or show cause why it is unable to do so. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 163
LETTER MOTION for Extension of Time re: Dkt. 162 addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated September 24, 2021. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit A).(Perry, Daniel)
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Filing 162
ORDER denying #149 Letter Motion for Extension of Time to Complete Discovery; denying #161 Letter Motion for Conference re: #149 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated 09/08/2021, #161 LETTER MOTION for Conference re: #148 Letter, addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated September 21, 2021. Plaintiff's request for leave to file a motion to recognize and enforce the arbitral award against the Debtor Defendants is DENIED pending a decision on the Defendants' motion to dismiss. Defendants' request to bifurcate discovery is DENIED because the Court has repeatedly denied stays of the non-enforcement discovery and there is no efficiency to changing course at this late stage. Plaintiffs' request for a seven-month extension of the fact discovery deadline is DENIED as unreasonable under the circumstances. The Court grants an additional four months to complete discovery, or until February 11, 2022. Defendants are ORDERED to run a search terms report (as raised by Plaintiff at ECF 161) and provide Plaintiff with a hit count by Friday, September 24, 2021, or show cause why it is unable to do so. The parties are thereafter ORDERED to meet and confer to address all outstanding discovery. Any discovery disputes shall be raised with the Court after the parties have exhausted all efforts to resolve them on their own. A status letter identifying any outstanding discovery disputes shall be filed by October 8, 2021. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 149 and 161. (Signed by Magistrate Judge Sarah Netburn on 9/21/2021) (ras)
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Filing 161
LETTER MOTION for Conference re: #148 Letter, addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated September 21, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 160
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated September 20, 2021 re: Response to Plaintiff GGP's letter of September 13, 2021 (Dkt. No. 150). Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc...(Perry, Daniel)
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Filing 159
LETTER addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated September 20, 2021 re: Response to Joint Status Letter, dated September 3, 2021 (Dkt. 148). Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Fissell, Rachel)
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Filing 158
LETTER addressed to Judge Lorna G. Schofield dated September 17, 2021 re: Joint Status Report. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 157
ORDER granting in part and denying in part #103 Letter Motion to Compel. The Razon and the Real Estate Entities' motion to compel discovery is granted in part and denied in part. Plaintiff is ordered to produce documents from the period before the MSA was executed that relate to what it knew or should have known about the entity with which it was contracting. The parties are directed to meet and confer in order to narrow the scope of the disputed RFPs to the relevant time period and relevant inquiry. The Razon and the Real Estate Entities' motion is denied as to any documents related to Plaintiff's investigation or knowledge after the MSA was executed. The Energy Entities' motion is also denied. The Clerk of Court is respectfully directed GRANT in part and DENY in part the motion at ECF No. 103. So Ordered.. (Signed by Magistrate Judge Sarah Netburn on 9/17/2021) (js)
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Filing 156
OPPOSITION BRIEF re: #151 Response in Opposition to Motion,, . Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A).(Ainsworth, Kevin)
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Filing 155
ORDER denying #104 Letter Motion to Compel. Given the New York Convention's "emphasis on enforcing international arbitral awards and 'considerations of reciprocity,'" coupled with the evidence that suggests that these issues were previously litigated in the arbitration in question, the Court denies the Debtor Defendants' motion to compel Plaintiff. Id.; see also Parsons & Whittemore Overseas Co. v. Societe Generale De L'Industrie Du Papier (RAKTA), 508 F.2d 969, 97374 (2d Cir. 1974); Pagaduan v. Carnival Corp., 830 F. App'x 61, 63 (2d Cir. 2020). The Clerk of Court is respectfully directed to DENY the motion at ECF No. 104. (Signed by Magistrate Judge Sarah Netburn on 9/16/2021) (ras)
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Filing 154
ORDER granting in part and denying in part #112 Letter Motion to Compel. ORDER granting in part and denying in part #112 Letter Motion to Compel. Plaintiff's motion to compel Razon's response to these requests is denied without prejudice, excepting RFP Nos. 96 and 97, for which responsive communications shall be produced...Plaintiff's motion with respect to all other RFPs is denied on relevance grounds...With regard to Plaintiff's RFP Nos. 54 and 6164, which relate to engagement letters, the motion is similarly denied...The Court also denies Plaintiff's motion as it pertains to RFP No. 104, which relates to personal plane manifests, as overbroad and irrelevant...Razon is ordered to answer the relevant RFAs on his own accord...The Clerk of Court is respectfully directed to GRANT in part and DENY in part the motion at ECF No. 112, and as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 9/15/2021) (ras)
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Filing 153
MEMO ENDORSEMENT on re: #150 Letter, filed by Global Gaming Philippines, LLC. ENDORSEMENT: By September 20, 2021, Defendants Bloomberry Resorts and Hotels Inc. and Sureste Properties, Inc. shall file a response, not to exceed three pages. (Signed by Judge Lorna G. Schofield on 9/14/2021) (cf)
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Filing 152
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated Sept. 14, 2021 re: Defendants Cross-Motion for Stay of Discovery and to Bifurcate Discovery. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 151
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated September 13, 2021 re: #149 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated 09/08/2021. . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Fissell, Rachel)
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Filing 150
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated September 13, 2021 re: premotion conference regarding Plainiffs motion to recognize and enforce an arbitral award. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 149
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated 09/08/2021. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit Attachment A - Defendants' response to proposed extension of discovery).(Ainsworth, Kevin)
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Filing 148
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated September 3, 2021 re: Plaintiffs Motions to Compel. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit Plaintiff's Exhibit A, #2 Exhibit Plaintiff's Exhibit B, #3 Exhibit Defendants Exhibit 1).(Ainsworth, Kevin)
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Filing 147
REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss the First Amended Complaint. . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 146
MEMO ENDORSEMENT on re: #145 Letter, filed by 11 Essex Street Realty LLC, Fesara LLC, Collingwood USA, Inc., Bowery Bay LLC, Ensara LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Campanilla LLC, Asia Arrow Limited, Rizolina LLC, Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., Nozar LLC, COLLINGWOOD OIL & GAS HOLDINGS, LLC, Enrique K. Razon, Jr., Collingwood Appalachian Minerals, LLC, Collingwood Investment Company Limited. ENDORSEMENT: The parties are directed to meet and confer in order to narrow the outstanding discovery issues raised in their August 20, 2021 status letters at ECF Nos. 142 and 143. The issues raised in Defendants' motions to compel discovery are fully submitted. (Signed by Magistrate Judge Sarah Netburn on 8/27/2021) (ras)
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Filing 145
LETTER addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated August 26, 2021 re: request for clarification with respect to the Court's Order of August 25, 2021 (Dkt. No. 144). Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 144
ORDER: The Court has received and reviewed the parties' August 20, 2021 letters. Because the parties indicate that additional time to meet and confer on certain issues would be productive, the parties are directed to discuss and narrow the outstanding issues in dispute. The parties shall jointly file a status letter on September 3, 2021, identifying any remaining issues that require the Court's intervention. The Court believes that judicial efficiency is promoted by allowing the parties to complete all of their discussions before addressing any outstanding issues. (Signed by Magistrate Judge Sarah Netburn on 8/25/2021) (ras)
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Filing 143
LETTER addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated August 20, 2021 re: Status letter. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit A - Defendants' joint letter dated August 12, 2021, #2 Exhibit B - Plaintiff's letter dated August 20, 2021).(Fissell, Rachel)
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Filing 142
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated August 20, 2021 re: Status letter. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A - Defendants' joint letter dated August 12, 2021, #2 Exhibit B - Plaintiff's letter to Defendants dated August 20, 2021).(Ainsworth, Kevin)
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Filing 141
LETTER addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 20, 2021 re: Response to Plaintiff GGP's letter of July 16, 2021 (Dkt. No. 125). Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit A).(Perry, Daniel)
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Filing 140
LETTER addressed to Magistrate Judge Sarah Netburn from Corey J. Seel dated August 20, 2021 re: LETTER REPLY to Response addressed to Magistrate Judge Sarah Netburn from Corey Seel dated August 20,2021 re: #125 Letter Response to Motion addressed to Magistrate Judge Sarah Netburn from Kevin Ainsworth dated July 16, 2021. Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Exhibit).(Seel, Corey)
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Filing 139
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/4/2021 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....(Moya, Goretti)
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Filing 138
TRANSCRIPT of Proceedings re: conference held on 8/4/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Pamela Utter, (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 9/10/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/18/2021..(Moya, Goretti)
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Filing 137
JOINT LETTER addressed to Judge Lorna G. Schofield dated August 18, 2021 re: Status report. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 136
ORDER granting #135 LETTER MOTION for Extension of Time to File Response/Reply as to #133 Memo Endorsement, #125 Response to Motion, addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 17, 2021. Defendants' request for an extension is GRANTED. The BRHI/SPI Defendants and the Energy Entities shall file their respective replies by August 20, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 135
LETTER MOTION for Extension of Time to File Response/Reply as to #133 Memo Endorsement,,,, #125 Response to Motion,,, addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 17, 2021. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 134
MEMORANDUM OF LAW in Opposition re: #117 MOTION to Dismiss the First Amended Complaint. . Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 133
MEMO ENDORSEMENT on re: #132 Letter, filed by 11 Essex Street Realty LLC, Fesara LLC, Collingwood USA, Inc., Bowery Bay LLC, Ensara LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Campanilla LLC, Asia Arrow Limited, Rizolina LLC, Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc., Nozar LLC, COLLINGWOOD OIL & GAS HOLDINGS, LLC, Enrique K. Razon, Jr., Collingwood Appalachian Minerals, LLC, Collingwood Investment Company Limited. ENDORSEMENT: Plaintiff and Defendant Razon are directed to meet and confer regarding the outstanding issues in Plaintiff's motion to compel Defendant Razon. By August 20, 2021, the parties shall to advise the Court on whether there remain any outstanding disputes. The BHRI/SPI Defendants shall file a three-page reply to Plaintiff's response to the motion to compel no later than Tuesday, August 17, 2021. The Energy Entities shall file a one-page reply to Plaintiff's response to the motion to compel by the same date. (Signed by Magistrate Judge Sarah Netburn on 8/12/2021) (ras)
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Filing 132
LETTER addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated Aug. 6, 2021 re: Defendants' three letter motions to compel (Dkts. 102, 103, 104) and Plaintiff's letter motion to compel (Dkt. 112). Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 131
ORDER granting in part and denying in part #113 Letter Motion to Compel. As discussed at the August 4 conference, the parties are directed to meet and confer in order to develop narrowed search parameters. The parties shall file a joint status letter by August 20, 2021, addressing the progress of discovery and any remaining discovery disputes. Because the Real Estate Entities do not require that any of the relevant materials be filed under seal, the Clerk of Court is respectfully directed to unseal the motion at ECF No. 113. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) Transmission to Sealed Records Clerk for processing.
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Filing 130
ORDER granting in part and denying in part #110 Letter Motion to Compel. As discussed at the August 4 conference, the parties are directed to meet and confer in order to develop narrowed search parameters. The parties shall file a joint status letter by August 20, 2021, addressing the progress of discovery and any remaining discovery disputes. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 129
ORDER granting in part and denying in part #109 Letter Motion to Compel. The parties are directed to meet and confer in order to develop narrowed search parameters. The parties shall file a joint status letter by August 20, 2021, addressing the progress of discovery and any remaining discovery disputes. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) Modified on 8/9/2021 (ras).
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 8/4/2021. Court Reporter present. (ras)
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LETTERS ROGATORY ISSUED on July 22, 2021, and picked up by Mintz Levin Cohn Ferris Glovsky & Popeo, P.C.(km)
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Filing 128
ORDER: The discovery conference scheduled for Thursday, July 22, 2021, at 10:00 a.m. is RESCHEDULED to Wednesday, August 4, 2021, at 12:00 p.m. At that time, the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Discovery Hearing set for 8/4/2021 at 12:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/21/2021) (ras)
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Filing 127
ORDER granting #116 Letter Motion for Discovery. The Court will issue Plaintiff's Letters Rogatory and will contact the parties directly with information about how to retrieve the signed and sealed letters. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 126
JOINT LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated July 19, 2021 re: Status report letter. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 125
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 16, 2021 re: #104 LETTER MOTION to Compel Global Gaming Philippines, LLC to Produce Documents addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated July 9, 2021., #103 LETTER MOTION to Compel Global Gaming Philippines, LLC to produce documents addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated July 9, 2021. (102) Request for production of documents filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc... Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Ainsworth, Kevin)
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Filing 124
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated July 16, 2021 re: #109 LETTER MOTION to Compel Bloomberry Resorts and Hotels Inc. and Sureste Properties, Inc. to produce documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Perry, Daniel)
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Filing 123
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated July 16, 2021 re: #112 LETTER MOTION to Compel Defendant Enrique K. Razon, Jr to produce documents and answer requests for admission addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. . Document filed by Enrique K. Razon, Jr...(Fissell, Rachel)
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Filing 122
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated July 16, 2021 re: #113 LETTER MOTION to Compel Real Estate Entities to produce documents and answers to requests for admission addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Rizolina LLC..(Fissell, Rachel)
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Filing 121
LETTER addressed to Magistrate Judge Sarah Netburn from Corey J. Seel dated 7/16/2021 re: Response to Global Gaming Philippines, LLCs (GGP or GGP) July 9, 2021 Motion to Compel (Motion).. Document filed by Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit).(Seel, Corey)
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Filing 120
DECLARATION of Rachel Penski Fissell in Support re: #117 MOTION to Dismiss the First Amended Complaint.. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Perry, Daniel)
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Filing 119
DECLARATION of Daniel M. Perry in Support re: #117 MOTION to Dismiss the First Amended Complaint.. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Perry, Daniel)
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Filing 118
MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss the First Amended Complaint. . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 117
MOTION to Dismiss the First Amended Complaint. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 116
LETTER MOTION for Discovery /Issuance of Letters Rogatory addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 13, 2021. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Attachment A - Letters Rogatory).(Ainsworth, Kevin)
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Filing 115
ORDER granting #108 Letter Motion for Extension of Time. The parties shall file their responses to the motions to compel no later than Friday, July 16. Plaintiff's omnibus response should be no more than 15 pages long. The discovery conference previously scheduled for Monday, July 19, is RESCHEDULED for Thursday, July 22, 2021, at 10:00 a.m. on the Court's dedicated teleconference line. If, however, all parties wish to conduct the conference in person, they shall jointly request that the conference be moved to the same time at the Thurgood Marshall Courthouse. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) Modified on 7/13/2021 (ras).
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Filing 114
ORDER granting #111 Letter Motion to Seal. Plaintiff's request to file certain exhibits to Plaintiff's motions to compel discovery is GRANTED without prejudice to the Court's reconsideration of the ruling on the motion to seal at the time the Court rules on the motions to compel. Defendants Razon and the Real Estate Entities are directed to address the sealing issues in their response letters. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 113
***SELECTED PARTIES*** LETTER MOTION to Compel Real Estate Entities to produce documents and answers to requests for admission addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. Document filed by Global Gaming Philippines, LLC, 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit A- GGAM - Ltr fr Dunn to Counsel re RO Issues., #2 Exhibit B- First Set of Requests for Production to 11 Essex, #3 Exhibit C- First Set of Requests for Production to Asia Arrow, #4 Exhibit D- Real Estate Entities ROs to First Set of RFPs, #5 Exhibit E- First Set of RFAs to Asia Arrow, #6 Exhibit F- First Set of RFAs to Campanilla, #7 Exhibit G- First Set of RFAs to Bowery Bay, #8 Exhibit H- Real Estate Entities' ROs to Pl's RFAs.)Motion or Order to File Under Seal: #111 .(Ainsworth, Kevin)
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Filing 112
***SELECTED PARTIES*** LETTER MOTION to Compel Defendant Enrique K. Razon, Jr to produce documents and answer requests for admission addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. Document filed by Global Gaming Philippines, LLC, 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit A- GGAM - Ltr fr Dunn to Counsel re RO Issues, #2 Exhibit B- First Set of Requests for Production to Enrique Razon Jr, #3 Exhibit C- Second Set of Requests for Production to Enrique K. Razon, #4 Exhibit D- Razon's Responses and Objections to Request for Production, #5 Exhibit E- First Set of Requests for Admission to Enrique K. Razon Jr, #6 Exhibit F- Razon's Responses and Objections to Requests for Admission)Motion or Order to File Under Seal: #111 .(Ainsworth, Kevin)
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Filing 111
LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 13, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 110
LETTER MOTION to Compel Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, and Collingwood USA, Inc. to produce documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Ainsworth, Kevin)
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Filing 109
LETTER MOTION to Compel Bloomberry Resorts and Hotels Inc. and Sureste Properties, Inc. to produce documents addressed to Magistrate Judge Sarah Netburn from Kevin N. Ainsworth dated July 9, 2021. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Ainsworth, Kevin)
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Set/Reset Hearings: Discovery Hearing set for 7/22/2021 at 10:00 AM before Magistrate Judge Sarah Netburn. (ras)
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Filing 108
LETTER MOTION for Extension of Time to Respond to Letter Motions to Compel addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated July 12, 2021. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC..(Fissell, Rachel)
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Filing 107
ORDER: Plaintiff is directed to file its four motions to compel on the electronic docket. As indicated in this Court's Individual Rules of Practice, all letter motions are to be filed on the electronic document. If Plaintiff believes the documents need to be filed under seal, Plaintiff shall file one motion to seal for all four letter motions. Plaintiff is further instructed to review Section III.F of this Court's Individual Rules of Practice. No later than Wednesday, July 14, 2021, the parties shall file any letters in response to the motions to compel discovery. Plaintiff may file one omnibus letter in response to the Defendants' four letters, which shall be no longer than 20 pages. The Court will hold a discovery conference on Monday, July 19, 2021, at 10:00 a.m. At that time, the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Discovery Hearing set for 7/19/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/12/2021) (ras)
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Filing 106
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/28/21 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)
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Filing 105
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/28/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: George Malinowski, (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 8/2/2021. Redacted Transcript Deadline set for 8/10/2021. Release of Transcript Restriction set for 10/8/2021..(McGuirk, Kelly)
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Filing 104
LETTER MOTION to Compel Global Gaming Philippines, LLC to Produce Documents addressed to Magistrate Judge Sarah Netburn from Daniel M. Perry dated July 9, 2021. Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Perry, Daniel)
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Filing 103
LETTER MOTION to Compel Global Gaming Philippines, LLC to produce documents addressed to Magistrate Judge Sarah Netburn from Rachel Penski Fissell dated July 9, 2021. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC. (Attachments: #1 Plaintiff's Responses and Objections, #2 Plaintiff's July 2, 2021 letter).(Fissell, Rachel)
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Filing 102
REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Exhibit, #2 Exhibit).(Seel, Corey)
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Filing 101
MOTION AND ORDER TO WITHDRAW AS COUNSEL granting #100 Motion to Withdraw as Attorney. SO ORDERED. (Attorney Michael D. Nolan terminated.) (Signed by Magistrate Judge Sarah Netburn on 7/8/2021) (ras)
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Filing 100
MOTION for Michael D. Nolan to Withdraw as Attorney . Document filed by Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. (Attachments: #1 Declaration of Daniel M. Perry).(Perry, Daniel)
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Filing 99
ORDER: It is hereby ORDERED that Defendants, including CICL, will file one set of briefing, and the motion will be briefed according to the following schedule: by July 15, 2021, Defendants shall file their opening brief, not to exceed forty (40) pages; by August 13, 2021, Plaintiff shall file its opposition brief, not to exceed forty (40) pages; and by September 3, 2021, Defendants shall file their reply brief, not to exceed twenty (20) pages. The parties shall otherwise comply with the Court's Individual Rules, and if in effect, the Emergency Individual Rules and Practices in light of COVID-19. It is further The Clerk of Court is respectfully directed to close the motion at Docket No. 93. (As further set forth in this Order.) ( Motions due by 7/15/2021., Responses due by 8/13/2021, Replies due by 9/3/2021.) (Signed by Judge Lorna G. Schofield on 7/1/2021) (cf)
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Filing 98
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated June 30, 2021 re: Order dated June 25, 2021 (Dkt. No. 96). Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 97
LETTER addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated June 30, 2021 re: Order dated June 25, 2021 (Dkt. No. 96). Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Investment Company Limited, Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Fissell, Rachel)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 6/28/2021. (ras)
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Filing 96
ORDER with respect to #93 Letter Motion for Conference re: #93 LETTER MOTION for Conference re; modified by Rule III (C)(3) to request a prehearing conference, on CICL's anticipated discovery stay motion, pending determination of its motion to dismiss and the Amended complaint of Plaintiff Global Gaming Philippines, LLC. By June 30, 2021, Plaintiff shall file a responsive letter and Defendants shall file a letter explaining whether there is any overlap between Defendant CICL's anticipated motion and Defendants' motion due on July 15, 2021 (Dkt. No. 49).. (Signed by Judge Lorna G. Schofield on 6/25/2021) (nb)
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Set/Reset Deadlines: Responses due by 6/30/2021 (nb)
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Filing 95
STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material...Nothing in this Order shall be construed as authorizing a party to file Confidential Information under seal without prior Court approval following a motion for leave to file under seal. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/23/2021) (ras)
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Filing 94
ORDER: On June 17, 2021, the Honorable Lorna G. Schofield referred this case to my docket for general pretrial supervision. In light of the discovery disputes raised in the parties' June 17, 2021 status letter, a discovery conference is scheduled for Monday, June 28, 2021, at 3:00 p.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Discovery Hearing set for 6/28/2021 at 03:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/23/2021) (ras)
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Filing 93
LETTER MOTION for Conference re; modified by Rule III (C)(3) to request a prehearing conference, on CICL's anticipated discovery stay motion, pending determination of its motion to dismiss and the Amended complaint of Plaintiff Global Gaming Philippines, LLC addressed to Judge Lorna G. Schofield from Corey J. Seel dated June 23, 2021. Document filed by Collingwood Investment Company Limited..(Seel, Corey)
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Filing 92
PROPOSED STIPULATION AND ORDER. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Walfish, Daniel)
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Filing 91
STATUS REPORT. Joint Status Letter Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 90
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Lorna G. Schofield on 6/17/2021) (vfr)
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Filing 89
JOINT LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth, Daniel M. Perry, Corey J. Seel and Rachel Penski Fissell dated June 15, 2021 re: Response to Dkt. No. 84 Regarding Discovery. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 88
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Collingwood Investment Company Limited served on 6/15/2021, answer due 7/6/2021. Service was accepted by Janane Williams. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 87
ELECTRONIC SUMMONS ISSUED as to Collingwood Investment Company Limited. (sj)
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Filing 86
REQUEST FOR ISSUANCE OF SUMMONS as to Collingwood Investment Company Limited, re: #85 Amended Complaint,,. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 85
FIRST AMENDED COMPLAINT amending #1 Complaint,, against 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc., COLLINGWOOD INVESTMENT COMPANY LIMITED with JURY DEMAND.Document filed by Global Gaming Philippines, LLC. Related document: #1 Complaint,,. (Attachments: #1 Appendix 1 - Final Award, #2 Appendix 2 - Liability Award, #3 Appendix 3 - Order re Interim Measures, #4 Appendix 4 - Management Services Agreement).(Ainsworth, Kevin)
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Filing 84
ORDER granting #76 Letter Motion for Discovery. The parties shall immediately begin the process of identifying and collecting documents relevant to the case and determining what can be produced when. The parties shall meet and confer as soon as possible to negotiate and agree on the scope and schedule for document discovery, and shall report to the Court by joint letter dated June 15, 2021. The parties shall propose a deadline for the substantial completion of all document production for requests already served, which shall be no later than July 30, 2021, and shall propose interim deadlines for categories of documents to be provided on a rolling basis. Rather than its usual practice of allowing the parties to agree on and adjust interim deadlines, the Court will evaluate the parties' proposals and order interim deadlines as well as periodic status letters to ensure that the document production is proceeding as ordered. The Clerk of Court is respectfully directed to close the motion at Docket No. 76.. (Signed by Judge Lorna G. Schofield on 6/9/2021) (nb)
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Filing 83
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Rachel Penski Fissell dated June 8, 2021 re: #76 LETTER MOTION for Discovery Deadline for Defendants to Produce Responsive Documents; addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated June 3, 2021. . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC..(Fissell, Rachel)
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Filing 82
ORDER granting #60 Motion for Konor Andrew Cormier to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 81
ORDER denying #68 Letter Motion for Conference re: #68 LETTER MOTION for Conference re: requesting a prehearing conference and/or reconsideration of the Court's denial of stay of discovery addressed to Judge Lorna G. Schofield from Corey J. Seel dated May 24, 2021. It is hereby ORDERED that, the Collingwood Defendants motion for reconsideration is DENIED. The Collingwood Defendants have not identified "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Kolel Beth Yechiel Mechil of Tartikov, 729 F.3d at 104. The Collingwood Defendants' prior counsel similarly asserted that the Court lacks personal jurisdiction over the Collingwood Defendants and, based on the parties' arguments and a preliminary assessment of the pleadings, the request to stay was denied. The Clerk of Court is respectfully directed to close the motion at Docket No. 68. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/4/2021) (cf)
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Filing 80
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of Walfish & Fissell PLLC hereby is substituted in place of the law firm Milbank LLP as counsel of record for Defendants Enrique K. Razon, Jr., Asia Arrow Limited, Rizolina LLC, Ensara LLC, Nozar LLC, Bowery Bay LLC, Campanilla LLC, Fesara LLC, and 11 Essex Street Realty LLC in the above-captioned case. A declaration in support of this Stipulation and Proposed Order for substitution of counsel is attached hereto as pursuant to Local Civil Rule 1.4. The Clerk of Court is respectfully directed to close the motion at Docket No. 72. Attorney Brett Philip Lowe and Daniel Mumford Perry terminated., Motions terminated: #72 MOTION to Substitute Attorney. Old Attorney: Daniel M. Perry; Brett Lowe, New Attorney: Rachel Penski Fissell; Daniel R. Walfish . filed by 11 Essex Street Realty LLC, Fesara LLC, Bowery Bay LLC, Nozar LLC, Ensara LLC, Enrique K. Razon, Jr., Campanilla LLC, Asia Arrow Limited, Rizolina LLC. (Signed by Judge Lorna G. Schofield on 6/4/2021) (cf)
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Filing 79
STIPULATION AND ORDER ESTABLISHING THE PROTOCOL FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION ("ESI"): Plaintiffs and Defendants in the above-captioned action ("Action") hereby respectfully submit this stipulation and proposed order establishing a protocol for the production of Documents and Electronically Stored Information (ESI) in this Action (ESI Protocol"), which binds all current and future parties and their counsel of record in this Action (each a "Party" and collectively, the "Parties"). The failure of this Protocol to address any particular issue is without prejudice to any position that a Party may take on that issue. The Parties and their attorneys do not intend by this ESI Protocol to waive their rights to the attorney work-product privilege, their attorney-client privilege, or other privileges, all of which are preserved and protected to the fullest extent provided by law. The Parties do not waive any objections to the discoverability, admissibility, or confidentiality of documents or ESI produced in this action. The Parties shall comply with this ESI Protocol to the extent reasonably feasible. A party is not required to comply with any aspect of this ESI Protocol that is unreasonable or infeasible provided that said Party informs the other Parties in writing at or before the time of production as to why compliance with this ESI Protocol is unreasonable or infeasible. In such instance, the Parties will meet and confer in good faith on reasonably feasible alternatives. This ESI Protocol shall govern the search for, processing of, and production of ESI and of Hard-Copy Documents after the execution of this ESI Protocol. The Parties agree to meet and confer regarding the applicability of any part, or all, of this ESI Protocol to any productions made prior to its execution. To the extent any disputes arise related to the production of ESI, and those disputes are not addressed by any of the agreements made herein, they shall be resolved according to the Federal Rules of Civil Procedure, this Court's Local and Individual Rules, and other applicable orders, laws, and rules. All other provisions as further set forth in this order. So Ordered (Signed by Judge Lorna G. Schofield on 6/4/2021) (js)
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Filing 78
STIPULATION AND ORDER UNDER FED. R. EVID. 502(d): IT IS HEREBY STIPULATED, AGREED AND ORDERED that: 1. The disclosure of communication(s) or information to a Party in this action does not in this action, or in any other federal or state proceeding, waive any Privilege or Protection for such communication(s) or information unless the disclosing Party or non-party (each a "Disclosing Person") intends to waive such Privilege or Protection. 2. This Order does not alter the requirement imposed by Federal Rule of Civil Procedure 26(b)(5)(A) to provide a privilege log of communication(s) or information withheld on the basis of Privilege or Protection. Nothing in this Order shall prevent a receiving Party from challenging any Privilege or Protection asserted by a Disclosing Person. The Disclosing Person bears the burden of establishing the Privilege or Protection of all challenged communication(s) or information. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/4/2021) (cf)
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Filing 77
MEMO ENDORSEMENT on re: #76 LETTER MOTION for Discovery Deadline for Defendants to Produce Responsive Documents; addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated June 3, 2021. filed by Global Gaming Philippines, LLC. ENDORSEMENT: By June 8, 2021, Defendants shall file a responsive letter. ( Responses due by 6/8/2021) (Signed by Judge Lorna G. Schofield on 6/4/2021) (cf)
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Filing 76
LETTER MOTION for Discovery Deadline for Defendants to Produce Responsive Documents; addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated June 3, 2021. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 75
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated May 28, 2021 re: #68 Letter. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Enclosure - W9 Request for Taxpayer ID Number).(Ainsworth, Kevin)
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Filing 74
PROPOSED STIPULATION AND ORDER. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 73
PROPOSED STIPULATION AND ORDER. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 72
MOTION to Substitute Attorney. Old Attorney: Daniel M. Perry; Brett Lowe, New Attorney: Rachel Penski Fissell; Daniel R. Walfish . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC. (Attachments: #1 Affidavit Declaration of Rachel Penski Fissell in Support of Stipulation and Proposed Order of Substitution of Counsel).(Fissell, Rachel)
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Filing 71
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Collingwood Investment Company Limited for Asia Arrow Limited. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Rizolina LLC..(Fissell, Rachel)
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Filing 70
ORDER with respect to #68 Letter Motion for Conference re: #68 LETTER MOTION for Conference re: requesting a prehearing conference and/or reconsideration of the Court's denial of stay of discovery addressed to Judge Lorna G. Schofield from Corey J. Seel dated May 24, 2021. By May 28, 2021, Plaintiff shall file a responsive letter. So Ordered.. (Signed by Judge Lorna G. Schofield on 5/25/2021) (nb)
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Filing 69
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of MehaffyWeber, P.C. is hereby substituted in place of the law firm Milbank LLP as counsel of record for Defendants Collingwood Oil & Gas Holdings, LLC; Collingwood USA, Inc., Collingwood Brookshire USA, Inc., and Collingwood Appalachian Minerals, LLC (Collingwood Defendants) in the above-captioned case. A declaration in support of this stipulation and order for substitution of counsel is attached hereto as pursuant to Local Civil Rule 1.4. As the Collingwood Defendants have not yet filed an Answer, this Stipulation is filed without waiver of any claims, defenses or motions that the Collingwood Defendants may file. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in this matter should be served upon the undersigned incoming counsel. So Ordered. (Signed by Judge Lorna G. Schofield on 5/25/2021) (nb)
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Set/Reset Deadlines: Responses due by 5/28/2021 (nb)
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Filing 68
LETTER MOTION for Conference re: requesting a prehearing conference and/or reconsideration of the Court's denial of stay of discovery addressed to Judge Lorna G. Schofield from Corey J. Seel dated May 24, 2021. Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc...(Seel, Corey)
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Filing 67
MOTION to Substitute Attorney. Old Attorney: Daniel Perry and Brett Love, New Attorney: Corey J. Seel and Diana J. Shelby Stipulation and Proposed Order of Substitution of Counsel. Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Affidavit Declaration of Corey J. Seel in Support of Stipulation and Proposed Order of Substitution of Counsel).(Seel, Corey)
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Filing 66
NOTICE OF APPEARANCE by Diana J. Shelby on behalf of Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc...(Shelby, Diana)
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Filing 65
NOTICE OF APPEARANCE by Corey J. Seel on behalf of Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc...(Seel, Corey)
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Filing 64
NOTICE OF APPEARANCE by Daniel Robert Walfish on behalf of 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC..(Walfish, Daniel)
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Filing 63
NOTICE OF APPEARANCE by Rachel Penski Fissell on behalf of 11 Essex Street Realty LLC, Asia Arrow Limited, Bowery Bay LLC, Campanilla LLC, Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC..(Fissell, Rachel)
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Filing 62
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/13/21 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)
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Filing 61
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/13/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. 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 6/11/2021. Redacted Transcript Deadline set for 6/21/2021. Release of Transcript Restriction set for 8/19/2021..(McGuirk, Kelly)
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Filing 60
MOTION for Konor Andrew Cormier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24572183. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC. (Attachments: #1 Exhibit Exhibit A to Motion, #2 Affidavit Affidavit in Support of Motion, #3 Text of Proposed Order Proposed Order to Motion).(Cormier, Konor)
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Filing 59
ORDER granting #54 Motion for Diana J. Shelby to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 58
MEMO ENDORSEMENT on re: #55 Letter,, filed by 11 Essex Street Realty LLC, Fesara LLC, Bloomberry Resorts and Hotels Inc., Collingwood USA, Inc., Sureste Properties, Inc., Bowery Bay LLC, Nozar LLC, COLLINGWOOD OIL & GAS HOLDINGS, LLC, Ensara LLC, Collingwood Brookshire USA, Inc., Enrique K. Razon, Jr., Collingwood Appalachian Minerals, LLC, Collingwood Oil & Gas Holdings, LLC, Campanilla LLC, Asia Arrow Limited, Rizolina LLC. ENDORSEMENT: The application is GRANTED. The deadline for the Collingwood Entitites, Real Estate Entities and Razon to serve initial disclosures is extended to May 27, 2021. (Signed by Judge Lorna G. Schofield on 5/21/2021) (cf)
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Filing 57
ORDER granting #53 Motion for Corey J. Seel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 56
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated May 21, 2021 re: Delay of Initial Disclosures and Change of Counsel. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for Konor Andrew Cormier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24572183. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 55
LETTER addressed to Judge Lorna G. Schofield from Dan Perry dated 05/20/2021 re: Request for Extension of Initial Disclosure Deadline. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 54
MOTION for Diana J. Shelby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24568278. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit Affidavit in Support, #3 Text of Proposed Order Order Granting Pro Hac).(Shelby, Diana)
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Filing 53
MOTION for Corey J. Seel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24568032. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit Affidavit in support, #3 Text of Proposed Order Proposed Order).(Seel, Corey)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #54 MOTION for Diana J. Shelby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24568278. Motion and supporting papers to be reviewed by Clerk's Office staff., #53 MOTION for Corey J. Seel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24568032. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 52
NOTICE OF APPEARANCE by Iris Greenquist on behalf of Global Gaming Philippines, LLC..(Greenquist, Iris)
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Filing 51
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). No additional parties may be joined after two months prior to the close of fact discovery without leave of Court. Amended pleadings may be filed without leave of Court until for the first amended pleading, June 15, 2021 or 21 days after service of a motion under 12)b, whichever is later. Further amended pleadings require leave of Court. All fact discovery shall be completed no later than 10/11/2021. The parties shall meet and confer to set interim fact discovery deadlines that allow for the completion of all fact discovery by October 11, 2021. These deadlines may be set by the written consent of the parties and without application to the Court. This case is plaintiff is for jury and defendants are not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 weeks. On 1/13/2022 at 10:40 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. A party wishing to file a summary judgment or other dispositive motionshall file a pre-motion letter at least two weeks before the conference andin the form provided in the Courts Individual Rule III.A.1. Any partywishing to oppose shall file a responsive letter as provided in the sameIndividual Rule. The motion will be discussed at the conference. To jointhe conference, the parties shall call (888) 363-4749 and use Access Code558-3333. The time of the conference is approximate, but the parties shallbe ready to proceed at that time. Amended Pleadings due by 6/15/2021. Fact Discovery due by 10/11/2021. Expert Discovery due by 12/27/2021. Telephone Conference set for 1/13/2022 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/13/2021) (cf)
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Filing 50
STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Parties, as follows: 1. Plaintiff may file and serve a First Amended Complaint, as of right, on or before June 15, 2021. 2. Defendants are not required to file or serve an answer in response to the Complaint. Defendants' time to file and serve an answer in response to the First Amended Complaint shall be 30 days after Plaintiff files it by ECF. So ordered. (Amended Pleadings due by 6/15/2021. Service due by 6/15/2021.) (Signed by Judge Lorna G. Schofield on 5/13/2021) (rjm)
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Filing 49
ORDER: ORDERED that the parties shall brief any motion to dismiss the amended complaint (due June 15, 2021), according to the following schedule: by July 15, 2021, Defendants shall file their opening brief, not to exceed thirty (30) pages; by August 13, 2021, Plaintiff shall file its opposition brief, not to exceed thirty (30) pages; and by September 3, 2021, Defendants shall file their reply brief, not to exceed thirteen (13) pages. (As further set forth in this Order.) It is further ORDERED that Defendants' request to stay proceedings pending resolution of the motion to dismiss is DENIED. ( Motions due by 7/15/2021., Responses due by 8/13/2021, Replies due by 9/3/2021.) (Signed by Judge Lorna G. Schofield on 5/13/2021) (cf)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 5/13/2021. (Court Reporter Present) (jcs)
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Filing 48
ORDER: WHEREAS, an initial pre-trial and pre-motion conference is scheduled for May 13, 2021, at 10:40 a.m. Dkt. Nos. 38 and 40. It is hereby ORDERED that the initial pre-trial and pre-motion conference is RESCHEDULED for May 13, 2021, at 10:30 a.m. The conference will be telephonic and will occur on the conference line the parties provided: 415-655-0003, access code: 185 698 0353. ( Initial Conference set for 5/13/2021 at 10:30 AM before Judge Lorna G. Schofield., Telephone Conference set for 5/13/2021 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/12/2021) (cf)
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Filing 47
LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated May 10, 2021 re: #43 Pre-Motion Letter. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 46
JOINT LETTER addressed to Judge Lorna G. Schofield from Kevin N. Ainsworth dated May 6, 2021 re: Pre-Conference Letter. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Appendix Proposed Case Mangement Plan).(Ainsworth, Kevin)
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Filing 45
PROPOSED STIPULATION AND ORDER. Document filed by Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 44
NOTICE OF APPEARANCE by Kevin N. Ainsworth on behalf of Global Gaming Philippines, LLC..(Ainsworth, Kevin)
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Filing 43
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated May 3, 2021 re: Pre-Motion Letter re Discovery. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 42
LETTER addressed to Judge Lorna G. Schofield from Jason P.W. Halperin dated April 29, 2021 re: #39 Pre-Motion Letter. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 41
ORDER granting #34 Motion for Brett P. Lowe to Appear Pro Hac Vice; granting #7 Motion for Daniel T. Pascucci to Appear Pro Hac Vice; and granting #8 Motion for Joseph R. Dunn to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 40
MEMO ENDORSEMENT on re: #39 Letter, filed by 11 Essex Street Realty LLC, Fesara LLC, Bloomberry Resorts and Hotels Inc., Collingwood USA, Inc., Sureste Properties, Inc., Bowery Bay LLC, Nozar LLC, COLLINGWOOD OIL & GAS HOLDINGS, LLC, Ensara LLC, Collingwood Brookshire USA, Inc., Enrique K. Razon, Jr., Collingwood Appalachian Minerals, LLC, Collingwood Oil & Gas Holdings, LLC, Campanilla LLC, Asia Arrow Limited, Rizolina LLC. ENDORSEMENT: By April 29, 2021, Plaintiff shall file a responsive letter. Defendants' anticipated motion to dismiss will be discussed during the initial pretrial conference scheduled for May 13, 2021 (Dkt. No. 38). (Signed by Judge Lorna G. Schofield on 4/22/2021) (cf)
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Filing 39
LETTER addressed to Judge Lorna G. Schofield from Daniel M. Perry dated April 21, 2021 re: Pre-Motion Letter. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 38
ORDER: Initial Conference set for 5/13/2021 at 10:40 AM before Judge Lorna G. Schofield. The conference will be telephonic. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/16/2021) (cf)
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Filing 37
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/2/21 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)
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Filing 36
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/2/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Sonya Ketter Moore, (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 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021..(McGuirk, Kelly)
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Filing 35
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bloomberry Resorts Corp., Corporate Parent Sureste Properties, Inc. for Bloomberry Resorts and Hotels Inc.; Corporate Parent COLLINGWOOD OIL & GAS HOLDINGS, LLC, Corporate Parent Collingwood Investment Company Limited for Collingwood Brookshire USA, Inc., Collingwood USA, Inc.; Corporate Parent Bloomberry Resorts Corp. for Sureste Properties, Inc.. Document filed by Bloomberry Resorts and Hotels Inc., Collingwood Brookshire USA, Inc., Collingwood USA, Inc., Sureste Properties, Inc...(Perry, Daniel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Brett P. Lowe to Appear Pro Hac Vice . 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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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Mumford Perry to RE-FILE Document #33 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
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Filing 34
MOTION for Brett P. Lowe to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit A, #2 Affidavit in Support, #3 Proposed Order).(Lowe, Brett)
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Filing 33
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bloomberry Resorts Corp. for Bloomberry Resorts and Hotels Inc., Sureste Properties, Inc.. Document filed by Bloomberry Resorts and Hotels Inc., Collingwood Brookshire USA, Inc., Collingwood USA, Inc., Sureste Properties, Inc...(Perry, Daniel) Modified on 4/13/2021 (ldi).
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Filing 32
ORDER denying #10 Motion for TRO. WHEREAS, on April 2, 2021, a show cause hearing was held. For the reasons stated during the hearing, it is hereby ORDERED that the Motion is DENIED. The Clerk of Court is respectfully directed to close the motion at Docket No. 10. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/7/2021) (cf)
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Filing 31
AFFIDAVIT OF SERVICE of Notice of Plaintiffs Motion for Order Restraining Defendants from Removal, Transfer or other Dissipation of Mobile Asset Pending Turnover, Plaintiffs Memorandum of Law In Support of Motion for Order Restraining Defendants from Removal, Transfer or other Dissipation of Mobile Asset Pending Turnover, Proposed Order to Show Cause, Declaration of Jason P.W. Halperin, Exhibits A-O to the Declaration of Jason P.W. Halperin, Declaration of Daniel H. Weiner, Exhibits A-C to the Declaration of Daniel H. Weiner, and Order signed by the Hon. Lorna G. Schofield served on Enrique K. Razon, Jr. on 3/31/2021. Service was accepted by Phil Difley, concierge for The Plaza. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 30
RESPONSE in Opposition to Motion re: #10 EMERGENCY MOTION for Temporary Restraining Order on Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover. . Document filed by 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc.. (Attachments: #1 Exhibit 1).(Perry, Daniel)
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Filing 29
NOTICE OF APPEARANCE by Michael D. Nolan on behalf of 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Nolan, Michael)
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Filing 28
NOTICE OF APPEARANCE by Daniel Mumford Perry on behalf of 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(Perry, Daniel)
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Filing 27
AFFIDAVIT OF SERVICE of Order [Dkt. No. 15] and Order [Dkt. No. 16] served on Bank of Bangladesh Counsel on 4/1/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 26
AFFIDAVIT OF SERVICE of Order [Dkt. No. 15] and Order [Dkt. No. 16] served on Philippine Arbitration Counsel on 4/1/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 25
AFFIDAVIT OF SERVICE of Order [Dkt. No. 15] and Order [Dkt. No. 16] served on Milbank Arbitration Counsel on 4/1/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 24
AFFIDAVIT OF SERVICE of Order [Dkt. No. 15] and Order [Dkt. No. 16] served on Estella Tuason-Occena on 4/1/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 23
AFFIDAVIT OF SERVICE of Order [Dkt. No. 15] and Order [Dkt. No. 16] served on Enrique K. Razon, Jr. on 4/1/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 22
AFFIDAVIT OF SERVICE of Plaintiff's Motion for Order Restraining Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover, Memorandum in Support, Declaration of Daniel H. Weiner, Declaration of Jason P.W. Halperin, Proposed Order and Signed Order served on Bank of Bangladesh Counsel on 3/31/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 21
AFFIDAVIT OF SERVICE of Plaintiff's Motion for Order Restraining Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover, Memorandum in Support, Declaration of Daniel H. Weiner, Declaration of Jason P.W. Halperin, Proposed Order and Signed Order served on Philippine Arbitration Counsel on 3/31/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 20
AFFIDAVIT OF SERVICE of Plaintiff's Motion for Order Restraining Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover, Memorandum in Support, Declaration of Daniel H. Weiner, Declaration of Jason P.W. Halperin, Proposed Order and Signed Order served on Milbank Arbitration Counsel on 3/31/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 19
AFFIDAVIT OF SERVICE of Plaintiff's Motion for Order Restraining Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover, Memorandum in Support, Declaration of Daniel H. Weiner, Declaration of Jason P.W. Halperin, Proposed Order and Signed Order served on Estella Tuason-Occena on 3/31/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 18
AFFIDAVIT OF SERVICE of Plaintiff's Motion for Order Restraining Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover, Memorandum in Support, Declaration of Daniel H. Weiner, Declaration of Jason P.W. Halperin, Proposed Order and Signed Order served on Enrique K. Razon Jr. on 3/31/2021. Service was made by Electronic Mail. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 17
AFFIDAVIT OF SERVICE of Summons and Complaint,,. 11 Essex Street Realty LLC served on 3/31/2021, answer due 4/21/2021; Asia Arrow Limited served on 3/31/2021, answer due 4/21/2021; Bloomberry Resorts and Hotels Inc. served on 3/31/2021, answer due 4/21/2021; Bowery Bay LLC served on 3/31/2021, answer due 4/21/2021; Campanilla LLC served on 3/31/2021, answer due 4/21/2021; Collingwood Appalachian Minerals, LLC served on 3/31/2021, answer due 4/21/2021; Collingwood Brookshire USA, Inc. served on 3/31/2021, answer due 4/21/2021; Collingwood Oil & Gas Holdings, LLC served on 3/31/2021, answer due 4/21/2021; Collingwood USA, Inc. served on 3/31/2021, answer due 4/21/2021; Ensara LLC served on 3/31/2021, answer due 4/21/2021; Fesara LLC served on 3/31/2021, answer due 4/21/2021; Nozar LLC served on 3/31/2021, answer due 4/21/2021; Enrique K. Razon, Jr. served on 3/31/2021, answer due 4/21/2021; Rizolina LLC served on 3/31/2021, answer due 4/21/2021; Sureste Properties, Inc. served on 3/31/2021, answer due 4/21/2021. Service was accepted by Enrique K. Razon, Jr.. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 15
ORDER: WHEREAS, a show cause hearing is scheduled for April 2, 2021, at 11:30 a.m. It is hereby ORDERED that the show cause hearing is RESCHEDULED for April 2, 2021, at 10:00 a.m. The show cause hearing will be telephonic and will occur on the following conference line 888-363-4749, access: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. ( Telephone Conference set for 4/2/2021 at 10:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/1/2021) (cf)
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Filing 16
ORDER: It is hereby ORDERED that Defendants show cause before this Court, on April 2, 2021, at 11:30 a.m., why a temporary restraining order should not be issued pursuant to Federal Rule of Civil Procedure 65, temporarily prohibiting Defendants from (1) directly or indirectly, transferring, moving, using, interfering with or otherwise changing the location of the Wyoming Gulfstream from Newark International Airport, or taking any steps to facilitate, request, direct or allow its transfer, movement, use, interference with or change of location from Newark International Airport, unless and until otherwise ordered by this Court (as further set forth in this Order.) The show cause hearing will be telephonic and will occur on the following conference line 888-363-4749, access: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. It is further ORDERED that, by April 1, 2021, Plaintiffs shall serve a copy of this Order, as well as their motion papers at Docket Nos. 10-12. (Signed by Judge Lorna G. Schofield on 3/31/2021) (cf)
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Filing 14
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Global Gaming Philippines, LLC. Related Document Number: [ #10 ]..(Halperin, Jason) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 13
DECLARATION of Daniel H. Weiner in Support re: #10 EMERGENCY MOTION for Temporary Restraining Order on Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover.. Document filed by Global Gaming Philippines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Halperin, Jason)
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Filing 12
DECLARATION of Jason P.W. Halperin in Support re: #10 EMERGENCY MOTION for Temporary Restraining Order on Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover.. Document filed by Global Gaming Philippines, LLC. (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).(Halperin, Jason)
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Filing 11
MEMORANDUM OF LAW in Support re: #10 EMERGENCY MOTION for Temporary Restraining Order on Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover. . Document filed by Global Gaming Philippines, LLC..(Halperin, Jason)
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Filing 10
EMERGENCY MOTION for Temporary Restraining Order on Defendants From Removal, Transfer or Other Dissipation of Mobile Asset Pending Turnover. Document filed by Global Gaming Philippines, LLC..(Halperin, Jason) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #14 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to 11 Essex Street Realty LLC, Asia Arrow Limited, Bloomberry Resorts and Hotels Inc., Bowery Bay LLC, Campanilla LLC, Collingwood Appalachian Minerals, LLC, Collingwood Brookshire USA, Inc., Collingwood Oil & Gas Holdings, LLC, Collingwood USA, Inc., Ensara LLC, Fesara LLC, Nozar LLC, Enrique K. Razon, Jr., Rizolina LLC, Sureste Properties, Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason P.W. Halperin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:201;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 09:203;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason P.W. Halperin. The party information for the following party/parties has been modified: 11 ESSEX STREET REALTY LLC, ASIA ARROW LIMITED, BLOOMBERRY RESORTS AND HOTELS INC., BOWERY BAY LLC, CAMPANILLA LLC, COLLINGWOOD APPALACHIAN MINERALS, LLC, COLLINGWOOD BROOKSHIRE USA, INC., COLLINGWOOD OIL & GAS HOLDINGS, LLC, COLLINGWOOD USA, INC., ENSARA LLC, FESARA LLC, NOZAR LLC, ENRIQUE K. RAZON, JR, RIZOLINA LLC, SURESTE PROPERTIES, INC., GLOBAL GAMING PHILIPPINES, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
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Magistrate Judge Sarah Netburn 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. (pc)
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Case Designated ECF. (pc)
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Filing 8
MOTION for Joseph R. Dunn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24318714. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GLOBAL GAMING PHILIPPINES, LLC. (Attachments: #1 Supplement a.Declaration in Support, #2 Exhibit A, #3 Text of Proposed Order).(Dunn, Joseph)
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Filing 7
MOTION for Daniel T. Pascucci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24318548. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GLOBAL GAMING PHILIPPINES, LLC. (Attachments: #1 Supplement a.Declaration in Support, #2 Exhibit A, #3 Text of Proposed Order).(Pascucci, Daniel)
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Filing 6
NOTICE OF APPEARANCE by Robert Ira Bodian on behalf of GLOBAL GAMING PHILIPPINES, LLC..(Bodian, Robert)
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Filing 5
DECLARATION of Daniel H. Weiner in Support re: #1 Complaint,,. Document filed by GLOBAL GAMING PHILIPPINES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Halperin, Jason)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Global Gaming Asset Management, L.P. for GLOBAL GAMING PHILIPPINES, LLC. Document filed by GLOBAL GAMING PHILIPPINES, LLC..(Halperin, Jason)
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Filing 3
CIVIL COVER SHEET filed..(Halperin, Jason)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to ENRIQUE K. RAZON, JR, BLOOMBERRY RESORTS AND HOTELS INC., SURESTE PROPERTIES, INC., COLLINGWOOD OIL & GAS HOLDINGS, LLC, COLLINGWOOD USA, INC., COLLINGWOOD BROOKSHIRE USA, INC., COLLINGWOOD APPALACHIAN MINERALS, LLC, ASIA ARROW LIMITED, RIZOLINA LLC, ENSARA LLC, NOZAR LLC, BOWERY BAY LLC, CAMPANILLA LLC, FESARA LLC, 11 ESSEX STREET REALTY LLC, re: #1 Complaint,,. Document filed by GLOBAL GAMING PHILIPPINES, LLC..(Halperin, Jason)
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Filing 1
COMPLAINT against 11 ESSEX STREET REALTY LLC, ASIA ARROW LIMITED, BLOOMBERRY RESORTS AND HOTELS INC., BOWERY BAY LLC, CAMPANILLA LLC, COLLINGWOOD APPALACHIAN MINERALS, LLC, COLLINGWOOD BROOKSHIRE USA, INC., COLLINGWOOD OIL & GAS HOLDINGS, LLC, COLLINGWOOD USA, INC., ENSARA LLC, FESARA LLC, NOZAR LLC, ENRIQUE K. RAZON, JR, RIZOLINA LLC, SURESTE PROPERTIES, INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24316822)Document filed by GLOBAL GAMING PHILIPPINES, LLC. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4).(Halperin, Jason)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Joseph R. Dunn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24318714. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for Daniel T. Pascucci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24318548. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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