The Estate of Larry Shaw et al v. Marcus et al
| The Estate of Larry Shaw and Susan Shaw |
| Edie Shaw Marcus, Meta Shaw Stevens, Melissa Stevens, David Marcus, Gary Adelman, Robinson Brog Leinwand, Greene, Genovese & Gluck, P.C, Meister, Seelig & Fein, LLP and Sam Shaw Inc. |
| 7:2014cv03849 |
| May 29, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Nelson Stephen Roman |
| Copyrights |
| 28 U.S.C. ยง 1331 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
503
OPINION AND ORDER: The Court has carefully reviewed the Shaw Family's statement and finds its request to be overbroad. Moreover, while sanctions against Mr. Adams remain in order, the Court is persuaded that it should temper the amount imposed in light of the new and material evidence presented regarding Mr. Adams' ill health and financial hardship. Accordingly, concerning the Shaw Family's Omnibus Sanctions Motion, the Court awards sanctions against Mr. Adams in the amount of $3,000.00. See Bowler, 901 F. Supp. at 606 (granting sanctions in the amount of $2,500 due to attorney's "outrageous course of conduct," despite the moving party's substantially higher requested amount). The Court f inds that this amount is sufficient to deter repetition of the delinquent conduct by Mr. Adams and other similarly situated individuals. See Kirschner v. Zoning Bd of Appeals of Inc. Viii. of Valley Stream, 159 F.R.D. 391, 399 (E.D.N.Y. 1995) (fin ding that because "the primary principle the Court must keep in mind is that the sanctions should not be more severe than reasonably necessary to deter repetition of the conduct by the offending person," it was appropriate to reduce sanct ions from $12,000 to $2,500). Separately, pursuant to the Court's finding in Shaw I regarding the Sanctions Motion, Plaintiff Susan Shaw is ordered to pay the Shaw Family $689.95, which constitutes seventy percent of the costs incurred in conducting the restoration and search of her computer. The Clerk of Court is requested to mail a copy of this Opinion and Order to Joseph H. Adams at 76 Burd Street, Nyack, New York 10960. (As further set forth in this Order.) (Signed by Magistrate Judge Judith C. McCarthy on 9/28/2017) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(cf)
|
|
Filing
452
OPINION AND ORDER re: (275 in 7:14-cv-03849-NSR-JCM) LETTER MOTION for Discovery/costs of forensic review of computer/Rule 37 sanctions, pursuant to Court Order [ECF Nos. 261, 273] and in compliance with Local Rule 37.2, addressed to Magi strate Judge Judith C. McCarthy from Christopher Serbagi filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus, (327 in 7:14-cv-03849-NSR-JCM) SECOND MOTION for Sanctions against Plaintiffs the Estate of Larry Shaw and Susan Shaw, and their attorney Joseph H. Adams filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus. For the foregoing reasons, the Shaw Family's Sanctions Motion and Omnibus Sanctio ns Motion are granted in part and denied in part. Within two weeks of the date of this Opinion and Order, the Shaw Family shall submit a statement listing the: (i) costs incurred in conducting the restoration and search of the Computer; (ii) attorne ys' fees associated with the oral motion on April 8, 2016, the letter dated April 15, 2016, (Docket No. 254), and the letter dated April 18, 2016, (Docket No. 260), that were granted and resulted in the Court's April 19, 2016 Order, (Docke t No. 262); (iii) attorneys' fees associated with the April 8, 2016 conference; (iv) attorneys' fees in connection with the January 11, 2016 conference, in addition to counsel's time spent reviewing and responding to Mr. Adams' tw o unauthorized letters filed January 5, 2016, (Docket Nos. 187, 187-5); (v) attorneys' fees associated with the May 19, 2016 conference at which the parties and the Court discussed Mr. Adams' conduct at the January 7, 2016 meet-and-confer; and (vi) attorneys' fees in connection with bringing the Sanctions Motion and the Omnibus Sanctions Motion. Plaintiff and Mr. Adams shall have one week from the date on which the Shaw Family submits its statement in which to file any opposition to the fees and costs claimed therein. Plaintiff and Mr. Adams are cautioned that the failure to timely file an Opposition in conformity with the Court's rules will result in the Shaw Family's submission being deemed unopposed. The Clerk is respectfully requested to terminate the pending motions. (Docket Nos. 275, 327). (Signed by Magistrate Judge Judith C. McCarthy on 3/1/2017) (mml)
|
|
Filing
392
OPINION AND ORDER re: (155 in 7:14-cv-05653-NSR-JCM, 313 in 7:14-cv-03849-NSR-JCM) MOTION for Joseph H. Adams, Esq. to Withdraw as Attorney with papers filed limited to the notice of motion dated April 21, 2016 together with the captioned co ver sheets of the submissions being made on the motion, all of which are designated to be filed by The Estate of Larry Shaw. For the foregoing reasons, the Court GRANTS Mr. Adams' motion to withdraw as counsel for the Estate and Susan Shaw on the condition that Mr. Adams and Susan Shaw come to a satisfactory, equitable fee arrangement by September 23, 2016 that permits Mr. Adams' clients the opportunity to retain new counsel. Susan Shaw and Mr. Adams are directed to inform the Court in writing-in the form of one jointly signed letter not to exceed two pages--on or before September 23, 2016 whether such an agreement has been reached. If Mr. Adams and Susan Shaw are unable to reach such an agreement, they are directed to contact the court to schedule a hearing. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 313. (Signed by Judge Nelson Stephen Roman on 9/6/2016) (mml)
|
|
Filing
154
OPINION AND ORDER re: (50 in 7:14-cv-03849-NSR-JCM) MOTION to Dismiss the Amended Complaint filed by Gary Adelman, (75 in 7:14-cv-03849-NSR-JCM) MOTION for Sanctions Pursuant to Rule 11 filed by David Marcus, Melissa Steve ns, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus, (71 in 7:14-cv-03849-NSR-JCM) MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus. For the foregoing reasons, Adelman's motion to dismiss is GRANTED in its entirety and all claims asserted in the Second Amended Complaint against Adelman are DISMISSED. Shaw Family Defendants' motion to dismiss is GRANTED with respect to claims 9, 12, 15, 19, and 21 and that much of claim 8 that relies on the theory that the 1998 Trust is invalid; the motion is DENIED in all other respects. Shaw Family Defendants' motion for Rule 11 sanctions is DENIED in its entiret y. The Court respectfully directs the Clerk to terminate Adelman as a Defendant in this action, to amend the caption to reflect his removal, and to terminate the motions at ECF Nos. 50, 71, and 75. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/22/2015) (mml)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
