Plutzer v. Bankers Trust Company of South Dakota et al
| Edward Plutzer |
| Haresh Tharani, Scott Kane, Michael Setola, Manu Mirchandani, Bankers Trust Company of South Dakota, a South Dakota Limited Liability Corporation, Bankers Trust Company of South Dakota, Michael J. Setola and Haresh T. Tharani |
| 1:2021cv03632 |
| April 23, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| None |
Docket Report
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This docket was last retrieved on March 17, 2022. A more recent docket listing may be available from PACER.
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Filing 74
ORDER terminating #70 Letter Motion for Conference re: #70 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated March 4, 2022., #73 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated 3/17/22. ; denying #73 Letter Motion for Conference re: #70 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated March 4, 2022., #73 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated 3/17/22. The request for leave to file a motion for sanctions is DENIED. Rule 11 sanctions are discretionary, and should only be imposed if "it is patently clear that a claim has absolutely no chance of success." Rodick v. City of Schenectady, 1 F.3d 1341, 1350 (2d Cir. 1993). Because all doubts should be resolved in favor of the party to be sanctioned, the Court in its discretion declines to impose sanctions. The Clerk of the Court respectfully is requested to terminate the letter motions at ECF Nos. 70 and 73. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/17/2022) (tg)
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Filing 73
LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated 3/17/22. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 72
NOTICE OF APPEAL from #68 Memorandum & Opinion,,,,,,. Document filed by Edward Plutzer. Filing fee $ 505.00, receipt number ANYSDC-25860814. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Porter, Gregory)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #72 Notice of Appeal,..(nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #72 Notice of Appeal filed by Edward Plutzer were transmitted to the U.S. Court of Appeals..(nd)
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Filing 71
LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Gregory Y. Porter dated March 9, 2022 re: #70 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated March 4, 2022. . Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 70
LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Theodore Becker dated March 4, 2022. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani. (Attachments: #1 Exhibit A, #2 Exhibit B).(Becker, Theodore)
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Filing 69
CLERK'S JUDGMENT re: #68 Memorandum & Opinion in favor of Bankers Trust Company of South Dakota, Haresh T. Tharani, Manu Mirchandani, Michael J. Setola, Scott Kane against Edward Plutzer. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 28, 2022, the Court concludes that Plaintiff has not made a showing of Article III standing sufficient to bring this suit. As such, the Court is without subject matter jurisdiction to adjudicate the merits. Plaintiff's Complaint is therefore DISMISSED WITHOUT PREJUDICE. Defendants' motions for oral argument are denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/1/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 68
OPINION AND ORDER DISMISSING PLAINTIFF'S COMPLAINT re: #63 LETTER MOTION for Oral Argument addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated September 3, 2021. filed by Bankers Trust Company of South Dakota, #50 MOTION to Dismiss . filed by Bankers Trust Company of South Dakota, #54 LETTER MOTION for Oral Argument on the Individual Defendants' Motion to Dismiss Count IV of the Complaint addressed to Judge Mary Kay Vyskocil from Theodore Becker dated July 30, 2021. filed by Michael J. Setola, Haresh T. Tharani, Scott Kane, Manu Mirchandani, #65 LETTER MOTION for Oral Argument on Individual Defendants Motion to Dismiss Count IV addressed to Judge Mary Kay Vyskocil from Theodore Becker dated September 3, 2021. filed by Michael J. Setola, Haresh T. Tharani, Scott Kane, Manu Mirchandani.For the reasons contained herein, the Court concludes that Plaintiff has not made a showing of Article III standing sufficient to bring this suit. As such, the Court is without subject matter jurisdiction to adjudicate the merits. Plaintiff's Complaint is therefore DISMISSED WITHOUT PREJUDICE. Defendants' motions for oral argument are denied. [ECF Nos. 54, 63]. The Clerk of the Court respectfully is requested to terminate the motions at ECF Nos. 50, 54, 63, and 65, and close this case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/28/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing 67
RESPONSE re: #66 Notice (Other) of Supplemental Authority. Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 66
NOTICE of of Supplemental Authority. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 65
LETTER MOTION for Oral Argument on Individual Defendants Motion to Dismiss Count IV addressed to Judge Mary Kay Vyskocil from Theodore Becker dated September 3, 2021. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 64
REPLY MEMORANDUM OF LAW in Support re: #53 Memorandum of Law, of the The Individual Defendants' Motion to Dismiss Count IV of the Complaint. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 63
LETTER MOTION for Oral Argument addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated September 3, 2021. Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 62
REPLY to Response to Motion re: #50 MOTION to Dismiss . Reply In Support of Motion to Dismiss. Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 61
ORDER granting #60 Letter Motion for Leave to File Excess Pages. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/26/2021) (mml)
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Filing 60
LETTER MOTION for Leave to File Excess Pages addressed to Judge Mary Kay Vyskocil from Theodore Becker dated August 25, 2021. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 59
ORDER granting #57 Letter Motion for Leave to File Excess Pages.Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/25/2021) (rj)
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Filing 58
LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Gregory Y. Porter dated 8/25/2021 re: #57 LETTER MOTION for Leave to File Excess Pages re Reply in Support of Motion to Dismiss addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated August 24, 2021. . Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 57
LETTER MOTION for Leave to File Excess Pages re Reply in Support of Motion to Dismiss addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated August 24, 2021. Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 56
RESPONSE in Opposition to Motion re: #50 MOTION to Dismiss . . Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 55
LETTER addressed to Judge Mary Kay Vyskocil from Gregory Y. Porter dated August 16, 2021 re: Judge's Rule 4C - Notice re Motion to Dismiss. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 54
LETTER MOTION for Oral Argument on the Individual Defendants' Motion to Dismiss Count IV of the Complaint addressed to Judge Mary Kay Vyskocil from Theodore Becker dated July 30, 2021. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 53
MEMORANDUM OF LAW re: #52 Notice (Other) in Support of the Individual Defendants' Motion to Dismiss Count IV of the Complaint. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani. (Attachments: #1 Text of Proposed Order).(Becker, Theodore)
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Filing 52
NOTICE of Motion to Dismiss Count IV re: #1 Complaint,. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 51
MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss . . Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 50
MOTION to Dismiss . Document filed by Bankers Trust Company of South Dakota. Responses due by 8/20/2021.(Golumbic, Lars)
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Filing 49
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bankers Trust Company for Bankers Trust Company of South Dakota. Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 48
NOTICE OF CHANGE OF ADDRESS by Mark Douglas Meredith on behalf of Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani. New Address: McDermott Will & Emery LLP, One Vanderbilt Avenue, New York, New York, United States 10017, 2125475444..(Meredith, Mark)
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Filing 47
ORDER denying #38 Letter Motion for Conference re: #38 LETTER MOTION for Conference re Bankers Trust Co. of S. Dakota's Anticipated Motion to Dismiss addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated June 21, 2021., #39 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Mary Kay Vyskocil from Theodore M. Becker dated June 21, 2021. ; denying #39 Letter Motion for Conference re: #38 LETTER MOTION for Conference re Bankers Trust Co. of S. Dakota's Anticipated Motion to Dismiss addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated June 21, 2021., #39 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Mary Kay Vyskocil from Theodore M. Becker dated June 21, 2021. Defendants have filed letters [ECF Nos. 38, 39] seeking leave to move to dismiss Plaintiff's Complaint. After review of the letters, no pre-motion conference will be held in this case. Defendants are granted leave to file their motions on the following schedule: -Defendants' motions to dismiss must be filed on or before July 30, 2021; - Plaintiff's omnibus opposition to both motions must be filed on or before August 20, 2021; - Defendants' replies must be filed on or before September 3, 2021. As noted above, Plaintiff's opposition to the motions should be filed as a single omnibus opposition. In light of this, Plaintiff's opposition may be 35 pages in length. All other memoranda should comply with the requirement of the Court's Individual Practices. Any requests to adjourn the deadlines herein must be made in writing and must be filed at least 72 hours in advance of the deadline. The Clerk of Court respectfully is requested to close the motions at ECF Nos. 38 and 39. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/13/2021) (rj)
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Set/Reset Deadlines: Motions due by 7/30/2021. Responses due by 8/20/2021 Replies due by 9/3/2021. (rj)
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Filing 46
NOTICE OF APPEARANCE by Laura Babiak on behalf of Edward Plutzer..(Babiak, Laura)
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Filing 45
ORDER granting #41 Motion for Sean C Abouchedid to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 44
ORDER granting #31 Motion for Laura E Babiak to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 43
LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Gregory Y. Porter dated June 28, 2021 re: #39 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Mary Kay Vyskocil from Theodore M. Becker dated June 21, 2021. . Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 42
LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Gregory Y. Porter dated June 28, 2021 re: #38 LETTER MOTION for Conference re Bankers Trust Co. of S. Dakota's Anticipated Motion to Dismiss addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated June 21, 2021. . Document filed by Edward Plutzer..(Porter, Gregory)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Sean C. Abouchedid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24722138. 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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Filing 41
MOTION for Sean C. Abouchedid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24722138. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bankers Trust Company of South Dakota. (Attachments: #1 Declaration of Sean Abouchedid, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Abouchedid, Sean)
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Filing 40
ORDER Defendants filed letters requesting a pre-motion conference regarding their anticipated motions to dismiss. Pursuant to my individual rules of practice, Plaintiff's substantive responses to those letters were due yesterday. However, nothing was filed. Plaintiff is hereby ordered to file his response letters on or before June 28, 2021 along with a statement regarding why he failed to file the response by the required deadline. Failure to comply with this order may result in sanctions. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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Filing 39
LETTER MOTION for Conference (Pre-Motion) addressed to Judge Mary Kay Vyskocil from Theodore M. Becker dated June 21, 2021. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Becker, Theodore)
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Filing 38
LETTER MOTION for Conference re Bankers Trust Co. of S. Dakota's Anticipated Motion to Dismiss addressed to Judge Mary Kay Vyskocil from Lars C. Golumbic dated June 21, 2021. Document filed by Bankers Trust Company of South Dakota..(Golumbic, Lars)
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Filing 37
MEMO ENDORSEMENT granting #36 Motion to Withdraw as Attorney. ENDORSEMENT: GRANTED. The Clerk of Court respectfully is requested to remove Mr. Pearl from ECF notifications from this case. SO ORDERED. Attorney Richard Pearl terminated. (Signed by Judge Mary Kay Vyskocil on 6/17/2021) (vfr)
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Filing 36
MOTION for Richard J. Pearl to Withdraw as Attorney . Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Pearl, Richard)
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Filing 35
WAIVER OF SERVICE RETURNED EXECUTED. Manu Mirchandani waiver sent on 4/26/2021, answer due 6/25/2021. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 34
WAIVER OF SERVICE RETURNED EXECUTED. Scott Kane waiver sent on 4/26/2021, answer due 6/25/2021. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 33
WAIVER OF SERVICE RETURNED EXECUTED. Michael J. Setola waiver sent on 4/26/2021, answer due 6/25/2021. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 32
WAIVER OF SERVICE RETURNED EXECUTED. Haresh T. Tharani waiver sent on 4/26/2021, answer due 6/25/2021. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 31
MOTION for Laura E. Babiak to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edward Plutzer. (Attachments: #1 Affidavit ISO of Motion for PHV, #2 Certificate of Good Standing, #3 Proposed Order).(Babiak, Laura)
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Filing 30
ORDER granting #26 Motion for Theodore M Becker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 29
ORDER granting #25 Motion for Richard Pearl to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 28
ORDER granting #24 Motion for Ross P McSweeney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 27
ORDER granting #23 Motion for Lars C Golumbic to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Laura E. Babiak 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. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Theodore M. Becker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24556955. Motion and supporting papers to be reviewed by Clerk's Office staff., #25 MOTION for Richard Pearl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24556762. 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 26
MOTION for Theodore M. Becker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24556955. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani. (Attachments: #1 Affidavit of Theodore M. Becker, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Becker, Theodore)
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Filing 25
MOTION for Richard Pearl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24556762. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani. (Attachments: #1 Declaration In Support, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Pearl, Richard)
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Filing 24
MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24554262. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bankers Trust Company of South Dakota. (Attachments: #1 Declaration, #2 Certificates of Good Standing, #3 Text of Proposed Order).(McSweeney, Ross)
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Filing 23
MOTION for Lars C. Golumbic to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24554201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bankers Trust Company of South Dakota. (Attachments: #1 Declaration, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Golumbic, Lars)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24554262. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Lars C. Golumbic to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24554201. 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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Filing 22
NOTICE OF APPEARANCE by Mark Douglas Meredith on behalf of Scott Kane, Manu Mirchandani, Michael J. Setola, Haresh T. Tharani..(Meredith, Mark)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Laura E. Babiak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24535760. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edward Plutzer. (Attachments: #1 Affidavit Affidavit ISO of Motion for PHV, #2 Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission PHV).(Babiak, Laura) Modified on 5/13/2021 (wb).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Laura E. Babiak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24535760. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of West Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 20
ORDER granting #18 Letter Motion for Extension of Time to Answer re #18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or to Otherwise Respond addressed to Judge Mary Kay Vyskocil from Mark C. Nielsen dated May 4, 2021., #1 Complaint,. Granted. SO ORDERED. Bankers Trust Company of South Dakota answer due 6/25/2021. (Signed by Judge Mary Kay Vyskocil on 5/5/2021) (nb)
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Filing 19
NOTICE OF APPEARANCE by Patrick Owen Muench on behalf of Edward Plutzer..(Muench, Patrick)
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Filing 18
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or to Otherwise Respond addressed to Judge Mary Kay Vyskocil from Mark C. Nielsen dated May 4, 2021. Document filed by Bankers Trust Company of South Dakota..(Nielsen, Mark)
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Filing 17
NOTICE OF APPEARANCE by Mark Christopher Nielsen on behalf of Bankers Trust Company of South Dakota..(Nielsen, Mark)
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Filing 16
ORDER granting #15 Motion for Patrick O Muench to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 15
MOTION for Patrick O. Muench to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-24484590. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edward Plutzer. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Muench, Patrick)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Patrick O. Muench to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-24484590. 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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Filing 14
AFFIDAVIT OF SERVICE of Summons and Complaint,. Bankers Trust Company of South Dakota served on 4/28/2021, answer due 5/19/2021. Service was accepted by Christa Combs, Administrative Assistant & Authorized Agent of Bankers Trust Company of South Dakota. Document filed by Edward Plutzer..(Porter, Gregory)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Y. Porter to RE-FILE Document No. #12 Request for Issuance of Summons, #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'As to' Error; the party name as to whom the summons is being issued must appear in the docket entry text and in the 'To:' section of the summons PDF exactly as it does on the pleading caption (Do not omit middle initial). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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Filing 13
NOTICE OF APPEARANCE by Ryan T. Jenny on behalf of Edward Plutzer..(Jenny, Ryan)
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Filing 12
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Haresh Tharani, re: #1 Complaint,. Document filed by Edward Plutzer..(Porter, Gregory) Modified on 4/27/2021 (dnh).
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Filing 11
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Setola, re: #1 Complaint,. Document filed by Edward Plutzer..(Porter, Gregory) Modified on 4/27/2021 (dnh).
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Scott Kane. (sj)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Manu Mirchandani. (sj)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Bankers Trust Company of South Dakota. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Y. Porter. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to Nassau; the Fee Status code has been modified to pd (paid). (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Y. Porter to RE-FILE Document No. #6 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): The defendants names as to whom the summons is for must match exactly as pleading in the docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Y. Porter. The party information for the following party/parties has been modified: Edward Plutzer, Bankers Trust Company of South Dakota, Haresh T. Tharani, Michael J. Setola. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj)
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Magistrate Judge Katharine H. Parker 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. (sj)
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Case Designated ECF. (sj)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Scott Kane, re: #1 Complaint,. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 6
FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Setola, re: #1 Complaint. Document filed by Edward Plutzer.(Porter, Gregory) Modified on 4/26/2021 (sj).
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Manu Mirchandani, re: #1 Complaint,. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 4
FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Haresh Tharani, re: #1 Complaint. Document filed by Edward Plutzer.(Porter, Gregory) Modified on 4/26/2021 (sj).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Bankers Trust Company of South Dakota, a South Dakota Limited Liability Corporation, re: #1 Complaint,. Document filed by Edward Plutzer..(Porter, Gregory)
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Filing 2
CIVIL COVER SHEET filed..(Porter, Gregory)
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Filing 1
COMPLAINT against Bankers Trust Company of South Dakota, a South Dakota Limited Liability Corporation, Scott Kane, Manu Mirchandani, Michael Setola, Haresh Tharani. (Filing Fee $ 402.00, Receipt Number ANYSDC-24443823)Document filed by Edward Plutzer..(Porter, Gregory)
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