Terwilliger v. Resource America, Inc. et al
| Michael Terwilliger |
| Resource America, Inc. and Resource Financial Fund Management, LLC |
| 1:2022cv09610 |
| November 10, 2022 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 Petition to Vacate Arbitration Award |
| None |
Docket Report
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| Document Text |
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| Filing 32 DECLARATION of Robin L. Alperstein in Opposition re: #2 MOTION to Vacate Arbitration .. Document filed by Resource America, Inc., Resource Financial Fund Management, LLC. (Attachments: #1 Exhibit 1 to Declaration of Robin L. Alperstein, #2 Exhibit 2 to Declaration of Robin L. Alperstein).(Alperstein, Robin) |
| Filing 31 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #2 MOTION to Vacate Arbitration . Sur-Reply in Opposition to Petition to Vacate Arbitration Award. Document filed by Resource America, Inc., Resource Financial Fund Management, LLC..(Alperstein, Robin) |
Filing 30
ORDER: granting #28 Letter Motion for Leave to File Document. Application granted. Respondent is permitted to file a sur-reply which may not exceed seven pages by December 28, 2022. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/21/2022) (ama)
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| Set/Reset Deadlines: Surreplies due by 12/28/2022. (ama) |
| Filing 29 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Erin E. Connare dated 12/20/2022 re: #28 LETTER MOTION for Leave to File Sur-reply or to Strike a New Argument addressed to Judge Naomi Reice Buchwald from Robin L. Alperstein dated December 20, 2022. . Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 28 LETTER MOTION for Leave to File Sur-reply or to Strike a New Argument addressed to Judge Naomi Reice Buchwald from Robin L. Alperstein dated December 20, 2022. Document filed by Resource America, Inc., Resource Financial Fund Management, LLC..(Alperstein, Robin) |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #2 MOTION to Vacate Arbitration . . Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 26 DECLARATION of Michael Terwilliger in Support re: #2 MOTION to Vacate Arbitration .. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 25 DECLARATION of Erin E. Connare in Support re: #2 MOTION to Vacate Arbitration .. Document filed by Michael Terwilliger. (Attachments: #1 Exhibit 19 - AAA's Employment Arbitration Rules Demand for Arbitration, #2 Exhibit 20 - AAA's Employment Arbitration Rules and Mediation Procedures, #3 Exhibit 21 - Pennsylvania's Department of State's search results for Resource America, Inc., #4 Exhibit 22 - Delaware Department of State's Division of Corporations' search results for Resource Financial Fund Management, LLC, #5 Exhibit 23 - AAA's September 24, 2021 letter, #6 Exhibit 24 - E. Connare's November 21, 2022 correspondence to U.S. Marshals' Service, #7 Exhibit 25 - "Contact" Page of Resource's website).(Connare, Erin) |
| Filing 24 RESPONSE in Opposition to Motion re: #2 MOTION to Vacate Arbitration . Summary Letter Pursuant to Section 2.E.1 of Your Honor's Individual Practices. Document filed by Resource America, Inc., Resource Financial Fund Management, LLC..(Alperstein, Robin) |
| Filing 23 DECLARATION of Robin L. Alperstein in Opposition re: #2 MOTION to Vacate Arbitration .. Document filed by Resource America, Inc., Resource Financial Fund Management, LLC. (Attachments: #1 Exhibit 1 to the Declaration of Robin L. Alperstein, #2 Exhibit 2 to the Declaration of Robin L. Alperstein, #3 Exhibit 3 to the Declaration of Robin L. Alperstein).(Alperstein, Robin) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #2 MOTION to Vacate Arbitration . . Document filed by Resource America, Inc., Resource Financial Fund Management, LLC..(Alperstein, Robin) |
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Filing 21
ORDER granting #17 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/21/2022) (mml)
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| Filing 20 AFFIDAVIT OF SERVICE of Summons, Civil Cover Docket Sheet, Notice of Petition, Petition with Exhibit, Declaration with Exhibits, Memorandum of Law and Notice of Appearance served on Resource Financial Fund Management, LLC on 11/15/2022. Service was accepted by Robin Hutt-Banks, as authorized agent. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons, Civil Cover Docket Sheet, Notice of Petition, Petition with Exhibit, Declaration with Exhibits, Memorandum of Law and Notice of Appearance served on Resource America, Inc. on 11/15/2022. Service was accepted by Carlos Bobe, as authorized agent. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons, Civil Cover Docket Sheet, Notice of Petition, Petition with Exhibit, Declaration with Exhibits, Memorandum of Law and Notice of Appearance served on Resource America, Inc. on 11/17/2022. Service was accepted by Stephanie Murphy, as authorized agent. Document filed by Michael Terwilliger..(Connare, Erin) |
| Set/Reset Deadlines: Responses due by 12/8/2022. (mml) |
| Filing 17 LETTER MOTION for Extension of Time for Respondents to Oppose or Otherwise Respond to the Petition to Vacate Arbitration Award addressed to Judge Naomi Reice Buchwald from Robin L. Alperstein dated November 18, 2022. Document filed by Resource America, Inc., Resource Financial Fund Management, LLC..(Alperstein, Robin) |
| Filing 16 CERTIFICATE OF SERVICE of November 16, 2022 Letter to Court (ECF No. 15) served on Resource America, Inc. and Resource Financial Fund Management, LLC on 11/16/2022. Service was made by Mail. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 15 LETTER addressed to Judge Naomi Reice Buchwald from Erin E. Connare dated November 16, 2022 re: pursuant to Individual Rule 2(E)(1) to outline Petitioner's arguments in support of his Petition to Vacate the Arbitration Award. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Resource Financial Fund Management, LLC. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Resource America, Inc.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(vf) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Resource Financial Fund Management, LLC, re: #9 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Resource Financial Fund Management, LLC..(Connare, Erin) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Resource America, Inc., re: #9 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 10 NOTICE of of Petition re: #3 Memorandum of Law in Support of Motion, #9 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #4 Declaration in Support of Motion,,,,. Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 9 PETITION TO VACATE ARBITRATION..Document filed by Michael Terwilliger. (Attachments: #1 Exhibit A - Contact Information for Resource America).(Connare, Erin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Erin Connare to RE-FILE Document No. #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Re-file the pleading using the event type Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 11/21/2022. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Erin Connare to RE-FILE Document No. #7 Request for Issuance of Summons, #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (vf) |
| Filing 8 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Resource Financial Fund Management, LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Michael Terwilliger..(Connare, Erin) Modified on 11/14/2022 (vf). |
| Filing 7 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Resource America, Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Michael Terwilliger..(Connare, Erin) Modified on 11/14/2022 (vf). |
| Filing 6 NOTICE OF APPEARANCE by Erin Connare on behalf of Michael Terwilliger..(Connare, Erin) |
| Filing 5 CIVIL COVER SHEET filed..(Connare, Erin) |
| Filing 4 DECLARATION of Erin E. Connare in Support re: #2 MOTION to Vacate Arbitration .. Document filed by Michael Terwilliger. (Attachments: #1 Exhibit 1 - Award, #2 Exhibit 2 - Portions of 5/3/22 Transcript, #3 Exhibit 3 - Portions of 5/4/22 Transcript, #4 Exhibit 4 - Offer letter dated 9/30/15, #5 Exhibit 5 - Email dated 7/12/17, #6 Exhibit 6 - Email dated 11/7/17, #7 Exhibit 7 - Email dated 10/3/18, #8 Exhibit 8 - Email dated 10/3/18, #9 Exhibit 9 - Email dated 2/18/19, #10 Exhibit 10 - Email dated 10/23/19, #11 Exhibit 11 - Email dated 12/9/19, #12 Exhibit 12 - Email dated 3/2/20, #13 Exhibit 13 - Email dated 12/18/20, #14 Exhibit 14 - Portions of transcript dated 1/11/22, #15 Exhibit 15 - Portions of transcript dated 1/20/22, #16 Exhibit 16 - Portions of transcript dated 1/20/22, #17 Exhibit 17 - Exhibit B to Claimant's Post-Hearing Submission, #18 Exhibit 18 - Exhibit D to Claimant's Post-Hearing Submission).(Connare, Erin) |
| Filing 3 MEMORANDUM OF LAW in Support re: #2 MOTION to Vacate Arbitration . . Document filed by Michael Terwilliger..(Connare, Erin) |
| Filing 2 MOTION to Vacate Arbitration . Document filed by Michael Terwilliger. (Attachments: #1 Exhibit 1 - Contact information for Resource America, Inc.).(Connare, Erin) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION TO VACATE ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-26944453).Document filed by Michael Terwilliger..(Connare, Erin) Modified on 11/14/2022 (vf). |
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