Berley v. Hesse et al
Plaintiff: Marc Berley
Defendant: William Hesse and Leslie Croft
Case Number: 1:2023cv10563
Filed: December 4, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Crotty
Referring Judge: Robyn F Tarnofsky
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2024 Filing 14 SECOND AMENDED COMPLAINT amending #8 Amended Complaint against Leslie Croft, William Hesse with JURY DEMAND.Document filed by Marc Berley(Individually ). Related document: #8 Amended Complaint..(Leonard, Ethan)
January 9, 2024 Opinion or Order Filing 13 STIPULATION AND ORDER FOR BRIEFING SCHEDULE: The parties in the above captioned action, by their undersigned counsel, stipulate and agree as follows: 1. By no later than February 12, 2024, Defendants may, in lieu of answering the Amended Complaint, (a) move to dismiss one or more of the claims therein; and (b) move to stay the action with respect to the derivative claims pleaded on grounds and for a period as Defendants may argue upon the submission of the motion. 2. If Defendants make either or both of the above-described motions, Plaintiff's opposition to Defendants' motions shall be served and filed on or before March 18, 2024. 3. Defendants' reply papers, if any, shall be served and filed by April 2, 2024. SO ORDERED. ( Motions due by 2/12/2024., Replies due by 4/2/2024., Responses due by 3/18/2024) (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/9/2024) (vfr)
January 9, 2024 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Stewart D. Aaron no longer referred to the case..(laq)
January 9, 2024 Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq)
January 8, 2024 Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Leslie Croft, William Hesse..(Trachten, Gary)
January 5, 2024 Opinion or Order Filing 11 ORDER OF REFERENCE TO A 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Paul A. Crotty on 1/5/2024) (ks)
January 5, 2024 Opinion or Order Filing 10 ORDER: The Court writes to memorialize its oral ORDER given at the pre-trial conference held on January 4, 2023. This matter is referred to United State Magistrate Judge Stewart D. Aaron for general pretrial needs (including scheduling, discovery, non-dispositive pretrial motions, and settlement) and for Report and Recommendation for any dispositive motions, including any motions to dismiss. SO ORDERED (Signed by Judge Paul A. Crotty on 1/5/2024) (ks)
January 4, 2024 Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 1/4/2024. (Court Reporter Kristen Carannante) (dgo)
December 26, 2023 Filing 9 LETTER addressed to Judge Paul A. Crotty from Gary Trachten dated December 26, 2023 re: Pre-Motion Conference for Defendants' Proposed Motion to Dismiss Plaintiff's Amended Complaint in Part and Stay Remainder of Action. Document filed by Leslie Croft, William Hesse..(Trachten, Gary)
December 26, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ethan York Leonard re: Document No. #8 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (add MARC BERLEY (other capacity) ). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (gp)
December 26, 2023 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Marc Berley, Marc Berley added. Party added pursuant to #8 Amended Complaint.Document filed by Marc Berley, Marc Berley. Related document: #8 Amended Complaint..(Leonard, Ethan)
December 22, 2023 Filing 8 AMENDED COMPLAINT against Leslie Croft, William Hesse with JURY DEMAND.Document filed by Marc Berley..(Leonard, Ethan)
December 14, 2023 Filing 7 LETTER addressed to Judge Paul A. Crotty from Ethan Leonard dated December 14, 2023 re: Defendants' Request for Leave to File a Motion to Dismiss. Document filed by Marc Berley..(Leonard, Ethan)
December 13, 2023 Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Thursday, January 4, 2023 @ 2:30 PM, via teleconference before Judge Paul A. Crotty. Dial-in: 888-363-4749. Access: 8539662. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).
December 11, 2023 Filing 6 LETTER addressed to Judge Paul A. Crotty from Gary Trachten dated December 11, 2023 re: Request for Pre-Motion Conference for Defendants' Proposed Motion to Dismiss. Document filed by Leslie Croft, William Hesse..(Trachten, Gary)
December 5, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gary Trachten. 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 State;. (jgo)
December 5, 2023 Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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)
December 5, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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)
December 5, 2023 Case Designated ECF. (jgo)
December 4, 2023 Filing 5 AFFIDAVIT OF SERVICE of Notice of Filing of Notice of Removal served on Neal Brickman, Esq. on December 4, 2023. Service was made by Mail. Document filed by Leslie Croft, William Hesse. (Attachments: #1 Exhibit Notice of Filing of Notice of Removal).(Trachten, Gary)
December 4, 2023 Filing 4 AFFIDAVIT OF SERVICE of Notice of Filing of Notice of Removal served on Neal Brickman, Esq. on December 4, 2023. Service was made by Mail. Document filed by Leslie Croft, William Hesse..(Trachten, Gary)
December 4, 2023 Filing 3 NOTICE OF APPEARANCE by David Nicholas Saponara on behalf of Leslie Croft, William Hesse..(Saponara, David)
December 4, 2023 Filing 2 CIVIL COVER SHEET filed..(Trachten, Gary)
December 4, 2023 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 655461/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28645386).Document filed by Leslie Croft, William Hesse. (Attachments: #1 Exhibit A - State Court Action Pleadings).(Trachten, Gary)

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Plaintiff: Marc Berley
Represented By: Ethan York Leonard
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Defendant: William Hesse
Represented By: David Nicholas Saponara
Represented By: Gary Trachten
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Defendant: Leslie Croft
Represented By: David Nicholas Saponara
Represented By: Gary Trachten
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