Moby S.P.A. v. Morgan Stanley et al
| Moby S.P.A. |
| Morgan Stanley, Morgan Stanley & Co. LLC, Antonello Di Meo, Massimo Piazzi and Dov Hillel Drazin |
| 1:2021cv08031 |
| September 28, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 47 LETTER addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 29, 2021 re: Contemplated Motion for Sanctions. Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi..(Paskin, Michael) |
Filing 46
ORDER: On October 26, 2021, the Court held a conference to discuss Defendants' anticipated motion for sanctions. Dkt. No. 39. As stated on the record, the deadline for Defendants to file and serve its motion for sanctions is November 12, 2021. Plaintiff's opposition is due within 14 days after service of Defendants' motion; Defendants' reply, if any, is due within seven days after service of Plaintiff's opposition. So Ordered. Motions due by 11/12/2021.) (Signed by Judge Gregory H. Woods on 10/26/2021) (js)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/26/2021. (Court Reporter present) (wv) |
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Filing 45
ORDER granting #44 . The defendants' application to adjourn the October 25, 2021 pre-motion conference is granted. The conference is adjourned to October 26, 2021 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 44 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 19, 2021. Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi..(Paskin, Michael) |
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Filing 43
ORDER. In light of the Defendants' October 18, 2021 letters, Dkt. Nos. 39, 40 and 41, the Court will hold a pre-motion conference regarding Defendants' anticipated motion for sanctions. The conference will take place by telephone on October 25, 2021 at 4:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 42 LETTER addressed to Judge Gregory H. Woods from Juan P. Morillo dated October 19, 2021 re: 39 LETTER addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 18, 2021. Document filed by Moby S.P.A...(Morillo, Juan) |
| Filing 41 LETTER addressed to Judge Gregory H. Woods from Jed I. Bergman dated October 18, 2021 re: Morgan Stanley Defendants' Request for Briefing Schedule. Document filed by Antonello Di Meo..(Bergman, Jed) |
| Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #41) - LETTER addressed to Judge Gregory H. Woods from Jed I. Bergman dated October 18, 2021 re: Morgan Stanley Defendants' Request for Briefing Schedule. Document filed by Antonello Di Meo..(Bergman, Jed) Modified on 10/19/2021 (ldi). |
| Filing 39 LETTER addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 18, 2021 Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi. (Attachments: #1 Exhibit A).(Paskin, Michael) |
| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/7/21 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) |
| Filing 37 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/7/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (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 11/8/2021. Redacted Transcript Deadline set for 11/17/2021. Release of Transcript Restriction set for 1/15/2022..(Moya, Goretti) |
| Filing 36 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Antonello Di Meo, Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi. Document filed by Moby S.P.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Morillo, Juan) |
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Filing 35
ORDER granting #14 Motion for Juan P. Morillo to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/7/2021. (Court Reporter present) (wv) |
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Filing 34
ORDER: On October 7, 2021, the Court held a conference to discuss Defendants' anticipated motion to dismiss and motion for sanctions. Dkt. No. 29. As stated on the record, Defendants are ordered to file any motion to dismiss by no later than October 28, 2021. Plaintiff's opposition is due no later than 21 days after the date of service of the motion to dismiss. Any reply is due no later than 7 days after the date of service of Plaintiff's opposition. For the reasons stated on the record, Defendants' request to stay discovery during the pendency of the motion to dismiss is granted. SO ORDERED. ( Motions due by 10/28/2021.) (Signed by Judge Gregory H. Woods on 10/7/2021) (rro)
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| Filing 33 LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Juan P. Morillo dated October 6, 2021 re: #29 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 5, 2021. and #31 LETTER addressed to Judge Gregory H. Woods from Jed I. Bergman dated October 5, 2021. Document filed by Moby S.P.A...(Morillo, Juan) |
| Filing 32 LETTER addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 6, 2021 re: Pre-Motion Conference. Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi..(Paskin, Michael) |
| Pro Hac Vice Fee Paid electronically via Pay.gov: for #14 MOTION for Juan P. Morillo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-25119528, paid on 9/28/2021. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Juan P. Morillo 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. (aea) |
| Filing 31 LETTER addressed to Judge Gregory H. Woods from Jed I. Bergman dated October 5, 2021 re: Pre-Motion Conference. Document filed by Antonello Di Meo..(Bergman, Jed) |
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Filing 30
ORDER granting #29 . Defendants request for a pre-motion conference is granted. The Court will hold a teleconference regarding defendants proposed motion to dismiss and motion for sanctions on October 7, 2021 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 29 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 5, 2021. Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi..(Paskin, Michael) |
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Filing 28
ORDER. On October 3, 2021, the Plaintiffs informed the Court that they would withdraw their application for injunctive relief. Dkt. No. 27. Accordingly, the Court's September 28, 2021 order to show cause, Dkt. No. 9, is vacated and the hearing scheduled for October 5, 2021 is adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 27 LETTER addressed to Judge Gregory H. Woods from Gabriel F. Soledad dated October 3, 2021 re: withdrawal of application for temporary restraining order and preliminary injunction. Document filed by Moby S.P.A...(Soledad, Gabriel) |
| Filing 26 DECLARATION of Michael A. Paskin (REDACTED) in Support re: #25 Memorandum of Law in Opposition,. Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit).(Paskin, Michael) |
| Filing 25 MEMORANDUM OF LAW in Opposition to Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction (REDACTED). Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi..(Paskin, Michael) |
| Filing 24 ***SELECTED PARTIES***DECLARATION of Michael A. Paskin in Support re: #23 Memorandum of Law in Opposition,. Document filed by Dov Hillel Drazin, Morgan Stanley & Co. LLC, Morgan Stanley, Massimo Piazzi, Antonello Di Meo, Moby S.P.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #22 .(Paskin, Michael) |
| Filing 23 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition to Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction.. Document filed by Dov Hillel Drazin, Morgan Stanley & Co. LLC, Morgan Stanley, Massimo Piazzi, Antonello Di Meo, Moby S.P.A.. Motion or Order to File Under Seal: #22 .(Paskin, Michael) |
| Filing 22 LETTER MOTION to Seal and Redact addressed to Judge Gregory H. Woods from Michael A. Paskin dated October 1, 2021. Document filed by Dov Hillel Drazin, Morgan Stanley, Morgan Stanley & Co. LLC, Massimo Piazzi..(Paskin, Michael) |
| Filing 21 NOTICE of Limited Appearance of Counsel for the limited purpose of responding to plaintiff's application for a temporary restraining order and preliminary injunction. Document filed by Dov Hillel Drazin, Massimo Piazzi..(Zumbro, Paul) |
| Filing 20 NOTICE of Limited Appearance of Counsel for the limited purpose of responding to plaintiff's application for a temporary restraining order and preliminary injunction. Document filed by Dov Hillel Drazin, Massimo Piazzi..(Cameron, Timothy) |
| Filing 19 NOTICE of Limited Appearance of Counsel for the limited purpose of responding to plaintiff's application for a temporary restraining order and preliminary injunction. Document filed by Dov Hillel Drazin, Massimo Piazzi..(Paskin, Michael) |
| Filing 18 LETTER addressed to Judge Gregory H. Woods from Jed I. Bergman dated 10/1/2021 re: Opposition to Application for Preliminary Injunction. Document filed by Antonello Di Meo..(Bergman, Jed) |
| Filing 17 NOTICE OF APPEARANCE by Edward E Shapiro on behalf of Antonello Di Meo..(Shapiro, Edward) |
| Filing 16 NOTICE OF APPEARANCE by Jed I. Bergman on behalf of Antonello Di Meo..(Bergman, Jed) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Morgan Stanley Capital Management, LLC, Other Affiliate Mitsubishi UFJ Financial Group, Inc., Other Affiliate Morgan Stanley Domestic Holdings, Inc. for Morgan Stanley & Co. LLC. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC..(Paskin, Michael) |
| Filing 14 MOTION for Juan P. Morillo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Moby S.P.A.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing with the District of Columbia Court of Appeals, #3 Certificate of Good Standing with the Supreme Court of the State of Florida, #4 Text of Proposed Order).(Morillo, Juan) Modified on 10/4/2021 (bcu). Modified on 10/6/2021 (aea). |
| Filing 13 NOTICE OF APPEARANCE by Paul Howard Zumbro on behalf of Morgan Stanley, Morgan Stanley & Co. LLC..(Zumbro, Paul) |
| Filing 12 NOTICE OF APPEARANCE by Timothy Gray Cameron on behalf of Morgan Stanley, Morgan Stanley & Co. LLC..(Cameron, Timothy) |
| Filing 11 NOTICE OF APPEARANCE by Michael A Paskin on behalf of Morgan Stanley, Morgan Stanley & Co. LLC..(Paskin, Michael) |
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be conducted by telephone. The parties are directed to the Courts Emergency Rules in Light of COVID-19, which are available on the Courts website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Courts Emergency Rules. SO ORDERED. Initial Conference set for 12/16/2021 at 11:00 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/28/2021) (tg)
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Filing 9
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Defendants must appear before The Honorable Gregory H. Woods District Judge, United States District Court for the Southern District of New York, on October 5, 2021 at 10:30 a.m. in Courtroom 12C in the in the United States Courthouse, 500 Pearl Street New York, New York 10013, and show cause ("Show Cause Hearing") as to why the Court should not enter an Order, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, enjoining Defendants from (i) acquiring, selling or otherwise trading any notes issued by Moby; (ii) attaching any Moby assets; and/or (iii) otherwise interfering with Moby's restructuring. Any papers responding to the Application be served and filed on or before 10/1/2021, and that any reply papers in further support of the Application be served and filed on or before 10/3/2021; Personal or email service of a copy of this order and the papers upon which it is granted made on counsel for each of the Defendants or their counsel on or before 9/29/2021 at 12:00 p.m. shall be deemed good and sufficient service and notice thereof; This Court shall retain jurisdiction to hear and determine all matters arising out of, relating to, and/or otherwise concerning the interpretation and/or enforcement of this Order. The parties are directed to notify the Court if they wish to conduct the hearing by remote means no later than October 4, 2021. (Replies due by 10/3/2021., Show Cause Response due by 10/1/2021.) Show Cause Hearing set for 10/5/2021 at 10:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/28/2021) (rro)
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| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Juan P. Morillo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Moby S.P.A.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing with the District of Columbia Court of Appeals, #3 Certificate of Good Standing with the Florida State Bar, #4 Text of Proposed Order).(Morillo, Juan) Modified on 9/28/2021 (wb). |
| Filing 7 DECLARATION of Gabriel F. Soledad in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by Moby S.P.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Soledad, Gabriel) |
| Filing 6 MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief . Document filed by Moby S.P.A...(Soledad, Gabriel) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Onorato Armatori S.r.l. for MOBY S.P.A.. Document filed by MOBY S.P.A...(Soledad, Gabriel) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by MOBY S.P.A...(Soledad, Gabriel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Onorato Armatori S.r.l. for MOBY S.P.A.. Document filed by MOBY S.P.A...(Soledad, Gabriel) Modified on 9/28/2021 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Soledad, Gabriel) |
| Filing 1 COMPLAINT against ANTONELLO DI MEO, DOV HILLEL DRAZIN, Morgan Stanley, Morgan Stanley & Co. LLC, MASSIMO PIAZZI. (Filing Fee $ 402.00, Receipt Number ANYSDC-25117492)Document filed by MOBY S.P.A...(Soledad, Gabriel) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gabriel Fernando Soledad. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (jgo) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Gabriel Fernando Soledad to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement,. THE PDF IS NOT SIGNED (lb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Juan P. Morillo to Appear Pro Hac Vice . 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 Florida;. 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Barbara C. Moses 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gabriel Fernando Soledad. The party information for the following party/parties has been modified: MOBY S.P.A.; ANTONELLO DI MEO; MASSIMO PIAZZI; DOV HILLEL DRAZIN. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
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