Cavello Bay Reinsurance Limited v. Stein et al
| Cavello Bay Reinsurance Limited |
| Spencer Capital Holdings Ltd., Kenneth Shubin Stein, Spencer Capital Limited (f/k/a Spencer Capital Holdings Ltd) and Spencer Capital Limited |
| 7:2018cv11362 |
| December 5, 2018 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE OF APPEAL from #48 Memorandum & Opinion,,,,, #49 Clerk's Judgment,,,. Document filed by Cavello Bay Reinsurance Limited. Filing fee $ 505.00, receipt number ANYSDC-19575379. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Hauser, Sandra) |
| Filing 50 NOTICE OF APPEARANCE by Sandra Denise Hauser on behalf of Cavello Bay Reinsurance Limited..(Hauser, Sandra) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #51 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #51 Notice of Appeal, filed by Cavello Bay Reinsurance Limited were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 49 CLERK'S JUDGMENT re: #48 Memorandum & Opinion. in favor of Spencer Capital Holdings Ltd., Spencer Capital Limited, Kenneth Shubin Stein against Cavello Bay Reinsurance Limited. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 24, 2020, Spencer and Stein's motions to dismiss are granted and Plaintiff's claims are dismissed; because Plaintiff is counseled and has already had an opportunity to amend in face of similar arguments from Defendants, (see Dkt. Nos. 2223), the Court dismisses the claims with prejudice; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 03/26/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 48
OPINION AND ORDER re: #32 MOTION to Dismiss Amended Complaint. filed by Kenneth Shubin Stein, #29 MOTION to Dismiss The Amended Complaint. filed by Spencer Capital Limited, Spencer Capital Holdings Ltd. For the foregoing reasons, Spencer and Steins Motions to Dismiss are granted, and Plaintiff's claims are dismissed. Because Plaintiff is counseled and has already had an opportunity to amend in face of similar arguments from Defendants, (see Dkt. Nos. 2223), the Court dismisses the claims with prejudice, see Elek v. Incorporated Village of Monroe, 815 F.Supp. 2d 801, 810 n.8 (S.D.N.Y. 2011) ("[B]ecause Plaintiffs second bite at the apple has proven fruitless, the Court dismisses this [A]ction." (collecting cases)); In re Worldcom, Inc. Secs. Litig., No. 03-CV-6225, 2004 WL 2889974, at *8 (S.D.N.Y. Dec. 15, 2004) ("Under Rule 15(a) plaintiffs have no right to amend their pleadings a second time." (citation and quotation marks omitted)). The Clerk of the Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 29, 32), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/24/2020) (jca) Transmission to Orders and Judgments Clerk for processing.
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| Filing 47 NOTICE OF CHANGE OF ADDRESS by Lea Haber Kuck on behalf of Spencer Capital Holdings Ltd., Spencer Capital Limited. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001, (Effective March 2, 2020)..(Kuck, Lea) |
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Filing 46
MEMO ENDORSEMENT on re: #45 Letter filed by Cavello Bay Reinsurance Limited. ENDORSEMENT: Granted. Condolences on the passing of Mr. Barr. SO ORDERED. Attorney Michael Henry Barr terminated. (Signed by Judge Kenneth M. Karas on 2/4/2020) (jca)
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| Filing 45 LETTER addressed to Judge Kenneth M. Karas from Timothy Straub dated February 3, 2020 Document filed by Cavello Bay Reinsurance Limited..(Straub, Timothy) |
| Filing 44 LETTER addressed to Judge Kenneth M. Karas from Lea Haber Kuck dated October 31, 2019 Document filed by Spencer Capital Holdings Ltd..(Kuck, Lea) |
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter filed by Cavello Bay Reinsurance Limited. ENDORSEMENT: Spencer is to respond to this letter by 10/31/19. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/24/2019) (jca)
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| Filing 42 LETTER addressed to Judge Kenneth M. Karas from Anthony Ullman dated October 17, 2019 re: Response to Spencer Capital Holdings Ltd. letter dated October 10, 2019. Document filed by Cavello Bay Reinsurance Limited.(Ullman, Anthony) |
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Filing 41
MEMO ENDORSEMENT on re: #40 Letter filed by Spencer Capital Holdings Ltd. ENDORSEMENT: Any party with a view different from the one expressed herein should respond by 10/17/19. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/10/2019) (jca)
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| Filing 40 LETTER addressed to Judge Kenneth M. Karas from Lea Haber Kuck dated October 10, 2019 Document filed by Spencer Capital Holdings Ltd..(Kuck, Lea) |
| Filing 39 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Amended Complaint. . Document filed by Kenneth Shubin Stein. (O'Hare, Robert) |
| Filing 38 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss The Amended Complaint. . Document filed by Spencer Capital Holdings Ltd., Spencer Capital Limited. (Kuck, Lea) |
| Filing 37 DECLARATION of Timothy Straub in Opposition re: #32 MOTION to Dismiss Amended Complaint., #29 MOTION to Dismiss The Amended Complaint.. Document filed by Cavello Bay Reinsurance Limited. (Attachments: #1 Exhibit A to Declaration of Timothy Straub, #2 Exhibit B to Declaration of Timothy Straub, #3 Exhibit C Declaration of Timothy Straub)(Straub, Timothy) |
| Filing 36 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss Amended Complaint. . Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss The Amended Complaint. . Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) |
| Filing 34 DECLARATION of Robert A. O'Hare Jr. in Support re: #32 MOTION to Dismiss Amended Complaint.. Document filed by Kenneth Shubin Stein. (Attachments: #1 Exhibit 1)(O'Hare, Robert) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Amended Complaint. . Document filed by Kenneth Shubin Stein. (O'Hare, Robert) |
| Filing 32 MOTION to Dismiss Amended Complaint. Document filed by Kenneth Shubin Stein.(O'Hare, Robert) |
| Filing 31 DECLARATION of Colm P. McInerney in Support re: #29 MOTION to Dismiss The Amended Complaint.. Document filed by Spencer Capital Holdings Ltd., Spencer Capital Limited. (Attachments: #1 Exhibit A - Amended Complaint)(McInerney, Colm) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss The Amended Complaint. . Document filed by Spencer Capital Holdings Ltd., Spencer Capital Limited. (Kuck, Lea) |
| Filing 29 MOTION to Dismiss The Amended Complaint. Document filed by Spencer Capital Holdings Ltd., Spencer Capital Limited.(Kuck, Lea) |
| Filing 28 AMENDED COMPLAINT amending #7 Complaint against Spencer Capital Holdings Ltd., Spencer Capital Limited, Kenneth Shubin Stein with JURY DEMAND.Document filed by Cavello Bay Reinsurance Limited. Related document: #7 Complaint. (Attachments: #1 Exhibit A to Amended Complaint, #2 Exhibit B to Amended Complaint)(Barr, Michael) |
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Filing 27
MOTION SCHEDULING ORDER: At the Conference held before the Court on April 10, 2019, the Court adopted thefollowing briefing schedule:Plaintiff shall file an Amended Complaint by May 1, 2019.Defendants shall file their Motions To Dismiss by no later than June 7, 2019. Plaintiffshall file a response by no later than July 12, 2019. Defendant shall file replies by no later than July 26, 2019. Sur-reply papers will not be accepted unless prior permission of the Court is given. The Parties are reminded that there is a strict page limit of 25 pages. No more extensions will be granted, and as further set forth in this Order. (Amended Pleadings due by 5/1/2019. Motions due by 6/7/2019. Responses due by 7/12/2019 Replies due by 7/26/2019.) (Signed by Judge Kenneth M. Karas on 4/10/2019) (jca)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 4/10/2019. Anthony Ullman and Timothy Straub appeared on behalf of Plaintiff. Robert O'Hare appeared on behalf of Defendant Kenneth Shubin Stein. Lea Kuck and Colin McInerney appeared on behalf of Defendant Spencer Capital. No court reporter served. Plaintiff shall file an Amended Complaint by May 1, 2019. Defendants' Motions To Dismiss shall be filed by June 7, 2019. Plaintiff's response shall be filed by July 12, 2019. Defendants' replies shall be filed by July 26, 2019. See Order.(KAG) |
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Filing 26
MEMO ENDORSEMENT on re: #25 Response to Motion, filed by Cavello Bay Reinsurance Limited. ENDORSEMENT: The Court will hold a pre-motion conference on 4/10/19, at 11:30. SO ORDERED. (Pre-Motion Conference set for 4/10/2019 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/25/2019) (jca)
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| Filing 25 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Anthony UIlman dated February 21, 2019 re: #23 LETTER MOTION for Conference Pre-motion conference for proposed motion to dismiss addressed to Judge Kenneth M. Karas from Robert A. O'Hare Jr. dated February 15, 2019., #22 LETTER MOTION for Conference (Pre-motion) addressed to Judge Kenneth M. Karas from Lea Haber Kuck dated February 15, 2019. . Document filed by Cavello Bay Reinsurance Limited. (Ullman, Anthony) |
| Filing 24 NOTICE OF APPEARANCE by Colm P. McInerney on behalf of Spencer Capital Holdings Ltd., Spencer Capital Limited. (McInerney, Colm) |
| Filing 23 LETTER MOTION for Conference Pre-motion conference for proposed motion to dismiss addressed to Judge Kenneth M. Karas from Robert A. O'Hare Jr. dated February 15, 2019. Document filed by Kenneth Shubin Stein.(O'Hare, Robert) |
| Filing 22 LETTER MOTION for Conference (Pre-motion) addressed to Judge Kenneth M. Karas from Lea Haber Kuck dated February 15, 2019. Document filed by Spencer Capital Holdings Ltd., Spencer Capital Limited.(Kuck, Lea) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent No Corporate Parent for Spencer Capital Holdings Ltd. ; Corporate Parent Spencer Capital Holdings Ltd. for Spencer Capital Limited. Document filed by Spencer Capital Holdings Ltd., Spencer Capital Limited.(Kuck, Lea) |
| Filing 20 NOTICE OF APPEARANCE by Lea Haber Kuck on behalf of Spencer Capital Holdings Ltd., Spencer Capital Limited. (Kuck, Lea) |
| Filing 19 NOTICE OF APPEARANCE by Robert A. O'Hare, Jr on behalf of Kenneth Shubin Stein. (O'Hare, Robert) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #19 Notice) - NOTICE OF APPEARANCE by Robert A. O'Hare, Jr on behalf of Kenneth Shubin Stein. (O'Hare, Robert) Modified on 2/4/2019 (db). |
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Filing 17
STIPULATION EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for plaintiff, Cavello Bay Reinsurance Limited, and the undersigned attorneys for defendants Kenneth Shubin Stein ("Stein"), Spencer Capital Limited (f/k/a Spencer Capital Holdings Ltd) and Spencer Capital Holdings Ltd. (collectively, the "Spencer Capital Defendants"), that: 1. The time for Stein and the Spencer Capital Defendants, and each of them. to serve an answer, move or otherwise respond to the Complaint herein is hereby extended to February 15, 2019. 2. Stein and the Spencer Capital Defendants do not contest the sufficiency of service of process herein. SO ORDERED. (Spencer Capital Holdings Ltd. answer due 2/15/2019; Spencer Capital Limited answer due 2/15/2019; Kenneth Shubin Stein answer due 2/15/2019.) (Signed by Judge Kenneth M. Karas on 1/17/2019) (jca)
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| Filing 16 LETTER MOTION for Extension of Time to File Answer , Move, Or Otherwise Respond to Complaint addressed to Judge Kenneth M. Karas from Anthony B. Ullman dated 1/17/19. Document filed by Cavello Bay Reinsurance Limited. (Attachments: #1 Exhibit A - Stipulation Extending Defendants' Time To Respond To Complaint)(Ullman, Anthony) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Spencer Capital Limited. (dnh) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Spencer Capital Holdings Ltd.. (dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Kenneth Shubin Stein. (dnh) |
| Filing 12 NOTICE OF APPEARANCE by Anthony B. Ullman on behalf of Cavello Bay Reinsurance Limited. (Ullman, Anthony) |
| Filing 11 NOTICE OF APPEARANCE by Timothy Jon Straub on behalf of Cavello Bay Reinsurance Limited. (Straub, Timothy) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Spencer Capital Limited, re: #7 Complaint. Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Spencer Capital Holdings Ltd., re: #7 Complaint. Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Shubin Stein, re: #7 Complaint. Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) |
| Filing 7 COMPLAINT against Spencer Capital Holdings Ltd., Spencer Capital Limited, Kenneth Shubin Stein. Document filed by Cavello Bay Reinsurance Limited.(Barr, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Henry Barr to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Due to party modification the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Henry Barr. The party information for the following party/parties has been modified: Spencer Capital Limited (f/k/a Spencer Capital Holdings Ltd). The information for the party/parties has been modified for the following reason/reasons: alias party name was entered incorrectly. (dnh) |
| Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Henry Barr to RE-FILE Document No. #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; The date field must be left blank for the clerk. 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) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Enstar Group Limited for Cavello Bay Reinsurance Limited. Document filed by Cavello Bay Reinsurance Limited.(Barr, Michael) |
| Filing 5 CIVIL COVER SHEET filed. (Barr, Michael) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Spencer Capital Holdings Ltd., re: #1 Complaint,. Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) Modified on 12/6/2018 (dnh). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Spencer Capital Limited (f/k/a Spencer Capital Holdings Ltd), re: #1 Complaint,. Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) Modified on 12/6/2018 (dnh). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Shubin Stein, re: #1 Complaint,. Document filed by Cavello Bay Reinsurance Limited. (Barr, Michael) Modified on 12/6/2018 (dnh). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Spencer Capital Holdings Ltd., Spencer Capital Limited (f/k/a Spencer Capital Holdings Ltd), Kenneth Shubin Stein. (Filing Fee $ 400.00, Receipt Number ANYSDC-16007042)Document filed by Cavello Bay Reinsurance Limited.(Barr, Michael) Modified on 12/6/2018 (dnh). |
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