Cordius Trust v. Kummerfeld Assoc., et al
New York Southern District Court, Case No. 1:99-cv-03200
District Judge Denise L. Cote, presiding
docket://gov.uscourts.nysd.1-99-cv-03200 (What is this?)

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No Logo Cordius Trust, Plaintiff

Toggle Switch Represented by Robinson & Cole LLP

Name Phone Fax E-Mail
Bradford S. Babbitt +1 860 275 8209 +1 860 275 8299 bbabbitt@rc.com
Michael B. Golden +1 212 451 2911 +1 212 451 2999 mgolden@rc.com
Ross Stuart Katz +1 212 451 2962 +1 212 451 2999 RKatz@rc.com
James A. Wade +1 860 275 8270 +1 860 275 8299 jwade@rc.com
No Logo Elizabeth Kummerfeld, Counter-Claimant

Toggle Switch Represented by Law Office of Thomas W. Caulfield

Name Phone Fax E-Mail
Thomas William Caulfield +1 631 594 1055 +1 631 594 1055

Toggle Switch Represented by McCallion & Associates LLP

Name Phone Fax E-Mail
Kenneth Foard McCallion +1 646 366 0880 +1 646 366 1384 kfm@mccallion-law.com
No Logo Kummerfeld Associates, Inc., Counter-Claimant

Toggle Switch Represented by Law Office of Thomas W. Caulfield

Name Phone Fax E-Mail
Thomas William Caulfield +1 631 594 1055 +1 631 594 1055

Toggle Switch Represented by McCallion & Associates LLP

Name Phone Fax E-Mail
Kenneth Foard McCallion +1 646 366 0880 +1 646 366 1384 kfm@mccallion-law.com
No Logo Donald D. Kummerfeld, Defendant

Toggle Switch Represented by McCallion & Associates LLP

Name Phone Fax E-Mail
Kenneth Foard McCallion +1 646 366 0880 +1 646 366 1384 kfm@mccallion-law.com
No Logo Elizabeth Kummerfeld, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Sheldon Farber +1 212 956 0881 +1 212 956 0103 attorneyfarber@aol.com

Toggle Switch Represented by Law Office of Thomas W. Caulfield

Name Phone Fax E-Mail
Thomas William Caulfield +1 631 594 1055 +1 631 594 1055

Toggle Switch Represented by McCallion & Associates LLP

Name Phone Fax E-Mail
Kenneth Foard McCallion +1 646 366 0880 +1 646 366 1384 kfm@mccallion-law.com
No Logo Kummerfeld Associates, Inc., Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Sheldon Farber +1 212 956 0881 +1 212 956 0103 attorneyfarber@aol.com

Toggle Switch Represented by Law Office of Thomas W. Caulfield

Name Phone Fax E-Mail
Thomas William Caulfield +1 631 594 1055 +1 631 594 1055

Toggle Switch Represented by McCallion & Associates LLP

Name Phone Fax E-Mail
Kenneth Foard McCallion +1 646 366 0880 +1 646 366 1384 kfm@mccallion-law.com
No Logo Cordius Trust, Counter-Defendant

Toggle Switch Represented by Robinson & Cole LLP

Name Phone Fax E-Mail
Michael B. Golden +1 212 451 2911 +1 212 451 2999 mgolden@rc.com
No Logo Donald D. Kummerfeld, Appellant

Toggle Switch Represented by McCallion & Associates LLP

Name Phone Fax E-Mail
Kenneth Foard McCallion +1 646 366 0880 +1 646 366 1384 kfm@mccallion-law.com

Toggle Switch Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Paul Michael Brown +1 202 616 4171
No Logo Donald D. Kummerfeld, Movant

Toggle Switch Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Paul Michael Brown +1 202 616 4171
Citation Section 28 U.S.C. § 1332
Nature of Suit 140 Negotiable Instrument
  Entries (229) Calendar Events Related (0) Tools Right End
PACER 231 Filed: 1/28/2010, Entered: None Court Filing
ORDER: It having been reported to the Court that Donald Kummerfeld has executed and returned to counsel for Cordius Trust the quitclaim deed and the withdrawal of the declaration of homestead for the Cape Cod property pursuant to the Orders of January 13 and 19, 2010, it is hereby ORDERED that the January 29, 2010 hearing is canceled. (Signed by Judge Denise L. Cote on 1/28/2010) Copies Mailed By Chambers.(jpo) (Entered: 01/28/2010)
PACER 230 Filed: 1/21/2010, Entered: None Court Filing
MEMORANDUM AND OPINION, #98476 that Mr. Kummerfeld's January 15, 2010 motion for a stay of the January 13, 2010 Order pending appeal is denied. (Signed by Judge Denise L. Cote on 1/21/10) (pl) Modified on 1/25/2010 (ajc). (Entered: 01/21/2010)
PACER 229 Filed: 1/20/2010, Entered: None
MEMORANDUM OF LAW in Opposition to Donald Kummerfeld's motion for stay pending appeal without bond. Document filed by Cordius Trust. (mbe) (Entered: 01/21/2010)
PACER 228 Filed: 1/19/2010, Entered: None Court Filing
ORDER that Cordius Trust shall file its response, if any, to Mr. Kummerfeld's motion by 1/20/10 at 12:00 p.m. The deadline by which Mr. Kummerfeld must comply with the 1/13/10 order is extended to 1/27/10 at 5:00 p.m. pending resolution of his Rule 62 motion. The hearing scheduled for 1/22/10 at 12:30 p.m. is adjourned to 1/29/10 at 12:00 p.m. If Donald Kummerfeld fails to comply with the 1/13/10 order, unless that Order is stayed, he must appear in person on 1/29/10 at 12:00 p.m. in courtroom 11B, 500 Pearl Street, NY, NY to show cause why he should not be incarcerated until he complies with said order. (Signed by Judge Denise L. Cote on 1/19/10) Copies sent by chambers.(dle) (Entered: 01/19/2010)
PACER 227 Filed: 1/15/2010, Entered: None
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Stay Notice of Motion for a Stay Pending Appeal and Declaration of Kenneth F. McCallion in Support of Defendant Donald Kummerfeld's Motion for a Stay Pending Appeal. Document filed by Donald D. Kummerfeld. (Attachments: # 1 Declaration of Kenneth F. McCallion)(McCallion, Kenneth) Modified on 1/19/2010 (jar). (Entered: 01/15/2010)
PACER 226 Filed: 1/13/2010, Entered: None Court Filing
ORDER Accordingly, it is hereby ORDERED that Donald Kummerfeld shall execute and return to counsel for Cordius Trust the quit-claim deed and the withdrawal of declaration of homestead for the Cape Cod property by January 20, 2010 at 5:00 PM. IT IS FURTHER ORDERED that if Donald Kummerfeld fails to comply with this Order, he must appear at a hearing on January 22, 2010 at 12:30 PM in Courtroom 11B, United States Courthouse, 500 Pearl Street, New York, New York to show cause why he should not be incarcerated until he executes the quit-claim deed and withdrawal of declaration of homestead. SO ORDERED ( Show Cause Hearing set for 1/22/2010 at 12:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/13/2010) (jmi) (Entered: 01/13/2010)
PACER 225 Filed: 1/7/2010, Entered: None
AFFIDAVIT of Bradford S. Babbitt in Support re: 223 MOTION to lift this court's stay of October 23, 2009. Document filed by Cordius Trust. (mbe) (Entered: 01/11/2010)
PACER 224 Filed: 1/7/2010, Entered: None
MEMORANDUM OF LAW in Support re: 223 MOTION to lift this court's stay of October 23, 2009. Document filed by Cordius Trust. (mbe) (Entered: 01/11/2010)
PACER 223 Filed: 1/7/2010, Entered: None
MOTION to lift this Court's Stay of October 23, 2009. Document filed by Cordius Trust.(mbe) (Entered: 01/11/2010)
PACER 222 Filed: 11/23/2009, Entered: None
NOTICE OF APPEAL from 212 Memorandum & Opinion. Document filed by Elizabeth Kummerfeld, Donald D. Kummerfeld. Filing fee $ 455.00, receipt number E 706687. Copies of Notice of Appeal mailed to attorney(s) of record: Robinson & Cole LLP. (nd) (Entered: 11/23/2009)
PACER 221 Filed: 11/5/2009, Entered: None
AFFIDAVIT of Bradford S. Babbitt in Support re: 209 Report and Recommendations of 9/4/09. Document filed by Cordius Trust. (mro) (Entered: 11/05/2009)
PACER 220 Filed: 11/5/2009, Entered: None
MEMORANDUM OF LAW in Support re: 209 Report and Recommendation of 9/4/09. Document filed by Cordius Trust. (mro) (Entered: 11/05/2009)
PACER 219 Filed: 11/3/2009, Entered: None Court Filing
ORDER: The November 4, 2009 hearing is canceled. (Signed by Judge Denise L. Cote on 11/3/09) (db) Copies Mailed by Chambers. (Entered: 11/03/2009)
PACER 218 Filed: 11/2/2009, Entered: None Court Filing
ORDER: It is hereby ORDERED that the November 4 hearing is canceled insofar as it pertains to the Brinitzer mortgage, conditioned upon Mr. Brinitzer's delivery of the discharge documentation to Cordius' counsel prior to the hearing. IT IS FURTHER ORDERED that Cordius' request that this Court consider Cordius' application to order Donald Kummerfeld to execute the quit-claim deed and the withdrawal of homestead declaration at the November 4 hearing is denied. If Cordius wishes to renew its request, it shall do so by motion supported with legal authority. If Cordius files such a motion, Donald Kummerfeld shall be granted the opportunity to reply and a separate hearing may be held on the issue. IT IS FURTHER ORDERED that if Elizabeth Kummerfeld fails to execute and return to counsel for Cordius the quit-claim deed and the withdrawal of homestead declaration by November 3, she must appear at the November 4 hearing to show cause why she should not be incarcerated until she executes said documents. (Signed by Judge Denise L. Cote on 11/2/09) Copies Mailed By Chambers.(tro) (Entered: 11/03/2009)
PACER 217 Filed: 11/2/2009, Entered: None
MEMORANDUM OF LAW in Support re: 214 Order, Set Deadlines/Hearings. Document filed by Cordius Trust. (Golden, Michael) (Entered: 11/02/2009)
PACER 216 Filed: 10/29/2009, Entered: None Court Filing
ORDER: It is hereby ORDERED that Ms. Kummerfeld's request for an adjournment of the November 4 hearing concerning the Brinitzer mortgage is denied. The hearing shall occur on November 4 as previously ordered. IT IS FURTHER ORDERED that Ms. Kummerfeld shall execute and return to counsel for Cordius Trust the quit-claim deed and withdrawal of Declaration of Homestead by November 3. If she fails to do so she must appear at the November 4 hearing to show cause why she should not be incarcerated until she executes said documents. IT IS FURTHER ORDERED that any party wishing to submit a brief concerning whether the Brinitzer mortgage constitutes a fraudulent conveyance shall do so by November 2. If a party files a brief the party shall deliver two courtesy copies to Chambers by delivering them to the United States Courthouse 500 Pearl Street New York New York no later than 5:00pm on November 2. The Court shall consider the request for post hearing briefing on the fraudulent conveyance issue at the November 4 hearing. (Signed by Judge Denise L. Cote on 10/29/2009) Copies Mailed By Chambers.(jpo) (Entered: 10/29/2009)
PACER 215 Filed: 10/23/2009, Entered: None Court Filing
LETTER addressed to Judge Denise L. Cote from Kenneth F. McCallion dated 10/23/09 re: As a follow-up to my letter of yesterday's date, this is to advise that Mr. Brinitzer wishes to be represented at a hearing by David Brodsky, one of his law firm partners. Mr. Brodsky is available on the morning of November 5, 2009, but not in the afternoon of that day or the following day (November 6). If the morning of November 5th is not convenient for the Court, please advise as to whether a hearing could be scheduled sometime November 4th, in which event Mr. Brinitzer would try to move up his travel plans to New York. I am starting a trial on the following Monday, November 9th, which should last about one week. Document filed by Elizabeth Kummerfeld, Donald D. Kummerfeld, Kummerfeld Associates, Inc.(mro) (Entered: 10/26/2009)
PACER 214 Filed: 10/26/2009, Entered: None Court Filing
ORDER: It is hereby ordered that any person wishing to submit a brief on the fraudulent conveyance issue shall do so by October 30, 2009. So Ordered (Signed by Judge Denise L. Cote on 10/26/09) (js) (Entered: 10/26/2009)
PACER 213 Filed: 10/23/2009, Entered: None Court Filing
ORDER: Pursuant to the Opinion of October 23, 2009, it is hereby: ORDERED that a hearing shall be held on November 4, 2009 at 10:00 am in Courtroom 11B, 500 Pearl Street, New York, New York to determine whether the mortgage on the Cape Cod property that Mr. and Ms. Kummerfeld provided to Mr. John Brinitzer was a fraudulent conveyance. Mr. Brinitzer and any other interested party shall have an opportunity to be heard. IT IS FURTHER ORDERED that Cordius Trust shallsubmit to counsel for Ms. Kummerfeld by October 27, 2009 the documents necessary to effectuate this Court's orders that Ms. Kummerfeld (1) quit-claim the Cape Cod property to Cordius Trust, and (2) withdraw her Declaration of Homestead. Ms. Kummerfeld shall execute and return said documents prior to October 30, 2009 at noon. If she fails to do so, she must appear at the November 4, 2009 hearing at 10:00 am to show cause why she should not be incarcerated until she executes said documents. IT IS FURTHER ORDERED that the Court's orders to (1) quit-claim the Cape Cod property to Cordius Trust, and (2) to withdraw the Declaration of Homestead are stayed with respect to Mr. Kummerfeld pending further application from either Cordius Trust or Mr. Kummerfeld in light of his recently bankruptcy filing. (Signed by Judge Denise L. Cote on 10/23/09) (tro) (Entered: 10/23/2009)
PDF 212 Filed: 10/23/2009, Entered: None Court Filing
OPINION & ORDER:# 98188 For the reasons set forth in this Opinion & order, Cordius' July 18, 2008 motion is granted. Mr. Kummerfeld is held in contempt for violating the May 6, 2008 Discovery Order. Mr. Kummerfeld, Ms. Kummerfeld, and KAI are held in contempt for violating the restraining notices. The relief requested by Cordius is granted in part and denied in part. Additional orders to effectuate the relief granted shall follow. (Signed by Judge Denise L. Cote on 10/23/09) (tro) Modified on 10/30/2009 (eef). (Entered: 10/23/2009)
PACER 211 Filed: 9/23/2009, Entered: None Court Filing
DEFENDANTS-RESPONDENTS' OBJECTIONS to 209 Report and Recommendation of Magistrate Judge Ellis dated September 4, 2009. Document filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc., Donald D. Kummerfeld. (mro) (Entered: 09/23/2009)
PACER 210 Filed: 9/9/2009, Entered: None Court Filing
ORDER: the Kummerfelds shall submit any objections to the Report and Recommendation by September 25, 2009. Cordius Trust shall submit any response by October 9, 2009. The parties shall appear at a hearing at 10:00 a.m. on October 15, 2009 at 500 Pearl Street, Courtroom 11B to address whether the Kummerfelds should be adjudged in contempt by reason of the facts so certified. SO ORDERED. (Signed by Judge Denise L. Cote on 9/9/2009) Copies Mailed By Chambers.(tve) (Entered: 09/09/2009)
PDF 209 Filed: 9/4/2009, Entered: None Court Filing
REPORT AND RECOMMENDATIONS, that this Report and Recommendation shall replace my Opinion and Order entered August 5, 2009. (See Doc. No. 205.) The Clerk is instructed to withdraw the August 5 Opinion. I hereby certify the foregoing facts and recommend that the Kummerfelds be found in contempt and subject to the aforementioned sanctions. The Parties are ordered to appear before Judge Cote at a date and time set by her chambers for Defendants to show cause why they should not be adjudged in contempt and sanctioned. Pursuant to Rule 72, Federal Rules of Civil Procedure, the parties shall have ten (10) days after being served with a copy of the recommended disposition to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court and served on all adversaries, with extra copies delivered to the chambers of the Honorable Denise L. Cote, 500 Pearl Street. Room 1040, and to the chambers of the undersigned, Room 1970. Failure to file timely objections shall constitute a waiver of those objections both in the District Court and on later appeal to the United States Court of Appeals. Objections to R&R due by 9/24/2009 (Signed by Magistrate Judge Ronald L. Ellis on 9/4/09) Copies Mailed By Chambers.(pl) (Entered: 09/08/2009)
PACER 208 Filed: 8/31/2009, Entered: None Court Filing
AFFIDAVIT of James A. Wade in Support of the Magistrate Judge Ellis's Ruling on Motion for Contempt. (mbe) (Entered: 09/02/2009)
PACER 207 Filed: 8/27/2009, Entered: None Court Filing
ORDER: that the Kummerfelds' objections are properly addressed to Judge Ellis and shall be referred for his consideration. IT IS HEREBY ORDERED that, after considering the Kummerfelds' objections, Judge Ellis shall certify facts regarding any order of contempt pursuant to the procedures set forth in 28 U.S.C. § 636(e). SO ORDERED. (Signed by Judge Denise L. Cote on 8/27/2009) Copies Mailed By Chambers.(tve) (Entered: 08/27/2009)
PACER 206 Filed: 8/17/2009, Entered: None Court Filing
Objections Of Respondents-Defendants To re: 205 Opinion & Order of Magistrate Judge Ellis Dated August 5, 2009. Document filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc., Donald D. Kummerfeld. (rw) (Entered: 08/17/2009)
PACER 205 Filed: 8/5/2009, Entered: None Court Filing
OPINION AND ORDER:#97843 For reasons further set forth in said Order, I find the Kummerfelds in contempt and subject to the aforementioned sanctions. 188 MOTION For Contempt filed by Cordius Trust. (Signed by Magistrate Judge Ronald L. Ellis on 8/5/09) (db) Modified on 8/6/2009 (eef). (Entered: 08/05/2009)
PACER 202 Filed: 6/24/2009, Entered: None
MANDATE of USCA (Certified Copy) as to 178 Notice of Appeal filed by Donald D. Kummerfeld USCA Case Number 08-0939-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 6/23/2009. (nd) (Entered: 06/24/2009)
PACER 201 Filed: 6/4/2009, Entered: None
(Notice of Supplemental Authority) AFFIDAVIT of Bradford S. Babbitt in Support re: 188 Petitioner's MOTION For Contempt. Document filed by Cordius Trust. (mbe) (Entered: 06/05/2009)
PACER 200 Filed: 3/13/2009, Entered: None
AFFIRMATION of Bradford S. Babbitt in Support re: 188 MOTION For Contempt. Document filed by Cordius Trust. (djc) (Entered: 03/16/2009)
PACER 199 Filed: 8/18/2008, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 188 MOTION For Contempt.. Document filed by Cordius Trust. (jmi) (Entered: 08/19/2008)
PACER 198 Filed: 8/15/2008, Entered: None
AFFIDAVIT of Donald D. Kummerfeld in Opposition re: 188 MOTION For Contempt. Document filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc., Donald D. Kummerfeld. (jmi) (Entered: 08/18/2008)
PACER 197 Filed: 8/15/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 188 MOTION For Contempt. Document filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc., Donald D. Kummerfeld. (jmi) (Entered: 08/18/2008)
PACER 196 Filed: 7/29/2008, Entered: None Court Filing
ORDER: It is hereby Ordered that Defendant must serve their response to Plaintiff's motion for contempt by August 4, 2008. (Signed by Magistrate Judge Ronald L. Ellis on 7/29/2008) (jfe) (Entered: 07/29/2008)
PACER 195 Filed: 7/23/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 1/18/2008 before Judge Denise L. Cote. (ama) (Entered: 07/23/2008)
PACER 194 Filed: 7/23/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 1/17/2008 before Judge Denise L. Cote. (ama) (Entered: 07/23/2008)
PACER 193 Filed: 7/23/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 1/16/2008 before Judge Denise L. Cote. (ama) (Entered: 07/23/2008)
PACER 192 Filed: 7/23/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 1/15/2008 before Judge Denise L. Cote. (ama) (Entered: 07/23/2008)
PACER 191 Filed: 7/23/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 1/14/2008 before Judge Denise L. Cote. (ama) (Entered: 07/23/2008)
PACER 190 Filed: 7/22/2008, Entered: None Court Filing
ORDER: Accordingly, it is hereby ordered that this motion is referred to Magistrate Judge Ronald L. Ellis. So Ordered (Signed by Judge Denise L. Cote on 7/22/08) (js) (Entered: 07/22/2008)
PACER 189 Filed: 7/22/2008, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Motion for Contempt. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 7/22/08) (js) (Entered: 07/22/2008)
PACER 188 Filed: 7/18/2008, Entered: None
NOTICE OF MOTION For Contempt. With attached Memorandum of Law In Support. Document filed by Cordius Trust.(rw) (Entered: 07/18/2008)
PACER 187 Filed: 7/1/2008, Entered: None Court Filing
ORDER that the parties appear for a telephonic conference on 7/23/08, at 2:30 pm. ( Telephone Conference set for 7/23/2008 at 02:30 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 7/1/08) (cd) (Entered: 07/02/2008)
PACER 186 Filed: 6/18/2008, Entered: None Court Filing
ORDER, it is hereby ordered that the parties appear for a telephone conference before the court on June 30, 2008, at 2:30 p.m. (Signed by Magistrate Judge Ronald L. Ellis on 6/18/08) (mme) (Entered: 06/19/2008)
PACER 185 Filed: 5/19/2008, Entered: None
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 178 Notice of Appeal filed by Donald D. Kummerfeld USCA Case Number 08-0939-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (dt). (Entered: 05/20/2008)
PACER 184 Filed: 5/6/2008, Entered: None Court Filing
ORDER: Plaintiff to submit Status Report by 5/30/2008. (Signed by Magistrate Judge Ronald L. Ellis on 5/6/08) (db) (Entered: 05/06/2008)
PACER 183 Filed: 3/31/2008, Entered: None Court Filing
JUDGMENT #08,0511 in favor of Cordius Trust against Kummerfeld Associates, Inc., Donald D. Kummerfeld, Elizabeth Kummerfeld in the amount of $ 327,595.00. (Signed by Judge Denise L. Cote on 3/31/08) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 04/01/2008)
PACER 182 Filed: 3/26/2008, Entered: None Court Filing
REVISED ORDER, the settlement conference set for 5/6/08, 10:30 am is now set for 5/6/08, at 2:00 pm. ( Settlement Conference reset for 5/6/2008 at 02:00 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 3/26/08) (cd) (Entered: 03/27/2008)
PACER 181 Filed: 3/11/2008, Entered: None Court Filing
ORDER: Status Summary due by 3/15/2008. Status Conference set for 5/6/2008 at 10:30 AM before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 3/11/08) (db) (Entered: 03/11/2008)
PACER 180 Filed: 2/28/2008, Entered: None
AFFIDAVIT of Bradford S. Babbitt in Support re: 174 MOTION for Attorney Fees. Document filed by Cordius Trust. (pl) (Entered: 03/03/2008)
PACER 179 Filed: 2/29/2008, Entered: None Court Filing
ORDER granting 174 Motion for Attorney Fees, in the amount of $327,595.00. (Signed by Judge Denise L. Cote on 2/29/08) Copies sent by chambers.(cd) (Entered: 03/03/2008)
PACER 178 Filed: 2/25/2008, Entered: None
NOTICE OF APPEAL from 171 Judgment. Document filed by Donald D. Kummerfeld. Filing fee $ 455.00, receipt number E 642885. Copies of Notice of Appeal mailed to attorney(s) of record: Robinson & Cole LLP. (nd) (Entered: 02/25/2008)
PACER 177 Filed: 2/11/2008, Entered: None Court Filing
ORDER that Cordius Trust's January 30, 2008 motion is granted. (Signed by Judge Denise L. Cote on 2/11/08) (dle) (Entered: 02/13/2008)
PACER 176 Filed: 2/8/2008, Entered: None
AFFIRMATION of Kenneth F. McCallion in Opposition re: 172 MOTION for leave to register the judgmetn docketed January 25, 2008 in this jurisdiction with teh United STtes District Cort for teh district of Massachusetts prus to 28 U.S.C. section 1963... Document filed by Donald D. Kummerfeld. (McCallion, Kenneth) (Entered: 02/08/2008)
PACER 175 Filed: 2/6/2008, Entered: None Court Filing
ORDER: Any opposition to the 172 Section 1963 Motion is due 2/8/08 at 5:00 p.m., reply due 2/11/08. Any opposition to 174 Motion for Attorneys' Fees due 2/22/08 at 5:00 p.m. Reply due 2/29/08. Set Deadlines/Hearing as to 172 MOTION for leave to register the judgment docketed January 25, 2008 in this jurisdiction with the United States District Cort for the district of Massachusetts purs to 28 U.S.C. section 1963.. 174 MOTION for Attorney Fees: ( 172 Motion - Responses due by 2/8/2008, Replies due by 2/11/2008. 174 Motion - Responses due by 2/22/2008, Replies due by 2/29/2008.) (Signed by Judge Denise L. Cote on 2/6/08) (db) (Entered: 02/06/2008)
PACER 174 Filed: 2/6/2008, Entered: None
MOTION for Award of Attorneys' Fees and Costs with attached Affidavit in Support for award of attorneys' fees to plaintiff. Document filed by Cordius Trust.(rw) (Entered: 02/06/2008)
PACER 173 Filed: 2/6/2008, Entered: None Court Filing
SETTLEMENT CONFERENCE ORDER, a conference will be held on 3/11/08 at 10:00 am. ( Settlement Conference set for 3/11/2008 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 2/6/08) (cd) (Entered: 02/06/2008)
PACER 172 Filed: 1/31/2008, Entered: None
MOTION for leave to register the judgment docketed January 25, 2008 in this jurisdiction with the United States District Court for the District of Massachusetts purs to 28 U.S.C. section 1963. Attached is Affirmation in Support of Bradford B. Babbitt. Document filed by Cordius Trust.(djc) (Entered: 02/04/2008)
PACER 171 Filed: 1/25/2008, Entered: None Court Filing
JUDGMENT #08,0145 in favor of Cordius Trust against Kummerfeld Associates, Inc., Donald D. Kummerfeld, and Elizabeth Kummerfeld in the amount of $ 2,656,796.02, plus post-judgment interest at the rate of 6.87% per annum. (Signed by Judge Denise L. Cote on 1/25/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 01/29/2008)
PACER 170 Filed: 1/24/2008, Entered: None
Objection Respondents Objections to Judgment. Document filed by Donald D. Kummerfeld. (Attachments: # 1 Exhibit A)(McCallion, Kenneth) (Entered: 01/24/2008)
PACER 169 Filed: 1/22/2008, Entered: None Court Filing
ORDER: The parties are to contact Magistrate Judge Ronald L. Ellis by Friday, January 25, 2008 to schedule settlement proceedings. (Signed by Judge Denise L. Cote on 1/22/08) (tro) (Entered: 01/22/2008)
PACER 168 Filed: 1/18/2008, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 1/18/08) (pl) Modified on 2/4/2008 (pl). (Entered: 01/18/2008)
PACER 167 Filed: 1/11/2008, Entered: None Court Filing
OPINION & ORDER # 95598 that Cordius Trust's motion for an adverse inference instruction is granted, provided that Cordius Trust shows at trial that it made a document demand on KAI or Mr. Kummerfeld for material documents that were not produced re: 140 MOTION for Sanctions, filed by Cordius Trust. (Signed by Judge Denise L. Cote on 1/11/08) (cd) Modified on 1/25/2008 (rw). (Entered: 01/11/2008)
PACER 166 Filed: 1/10/2008, Entered: None Court Filing
OPINION & ORDER # 95594 re: 143 MOTION in Limine. That Mr. Kummerfelds request to preclude the admission of Ms. Kummerfelds deposition testimony at trial is denied. No evidence concerning Ms. Kummerfelds mental competency at the time of her depositions shall be admitted at trial. (Signed by Judge Denise L. Cote on 1/10/08) (pl) Modified on 1/25/2008 (rw). (Entered: 01/10/2008)
PACER 165 Filed: 1/8/2008, Entered: None
MEMORANDUM OF LAW in Support re: 164 MOTION to Preclude. Document filed by Cordius Trust. (djc) (Entered: 01/10/2008)
PACER 164 Filed: 1/8/2008, Entered: None
MOTION to Preclude Untimely Disclosed Exhibits and Witnesses. Document filed by Cordius Trust.(djc) (Entered: 01/10/2008)
PACER 163 Filed: 1/7/2008, Entered: None
Schedule of Plaintiff's Designations of Deposition Testimony of Elizabeth Kummerfeld. Document filed by Cordius Trust. (djc) (Entered: 01/08/2008)
PACER 162 Filed: 1/7/2007, Entered: None
Revised Exhibit List. Document filed by Cordius Trust.(djc) (Entered: 01/08/2008)
PACER 161 Filed: 1/7/2008, Entered: None
NOTICE of Filing. Plaintiff/Petitioner, Cordius Trust, hereby gives notice that it has filed, herewith, a Revised Exhibit List and a Schedule of Designations of Deposition Testimony of Elizabeth Kummerfeld, both purs to the order of the Court, Cote J. On December 2007. Document filed by Cordius Trust. (djc) (Entered: 01/08/2008)
PACER 160 Filed: 1/7/2008, Entered: None Court Filing
ORDER; that petitioner provide the Court with two courtesy copies of the designated deposition excerpts by Wednesday, 1/9/08, at 3 pm. That any witness who respondent intends to call and testify regarding Ms. Kummerfelds mental state shall be ready to testify as of the first day of trial, 1/14/08, should the Court rule that such testimony is admissible. (Signed by Judge Denise L. Cote on 1/7/08) (pl) (Entered: 01/08/2008)
PACER 159 Filed: 1/7/2008, Entered: None
NOTICE of SECOND AMENDMENT TO SECTION A (viii) OF PRETRIAL ORDER OF DECEMBER 7, 2007 re: 156 Remark. Document filed by Elizabeth Kummerfeld. (McCallion, Kenneth) (Entered: 01/07/2008)
PACER 158 Filed: 1/7/2008, Entered: None
NOTICE of AMENDMENT TO DEFENDANTS EXHIBIT LIST PER THE JOINT PRETRIAL ORDER OF DECEMBER 7 2007 re: 156 Remark. Document filed by Elizabeth Kummerfeld. (McCallion, Kenneth) (Entered: 01/07/2008)
PACER 157 Filed: 1/7/2008, Entered: None
NOTICE of AMENDMENT TO SECTION A (viii) OF PRETRIAL ORDER OF DECEMBER 7, 2007 re: 156 Remark. Document filed by Elizabeth Kummerfeld. (McCallion, Kenneth) (Entered: 01/07/2008)
PACER 156 Filed: 12/7/2007, Entered: None
JOINT PRETRIAL ORDER (Unsigned). Document filed by Cordius Trust, Elizabeth Kummerfeld, Kummerfeld Associates, Inc.. (djc) (Entered: 12/26/2007)
PACER 155 Filed: 12/17/2007, Entered: None
RESPONSE to Respondent's Motion re: 143 MOTION in Limine. MOTION in the alternative, if she is found competent to tstify, allowi ng for th admisison of evidence concerning Mrs. Kummerfeld's diminished mental capacity so that thet jury may properly weigh her testimony.. MOTION to Preclude.. Document filed by Cordius Trust. (dle) (Entered: 12/19/2007)
PACER 154 Filed: 12/18/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 141 MOTION in Limine. TO PLAINTIFF'S MOTION IN LIMINE CONCERNING ADMISSIBILITY OF PRIOR JUDGMENTS AND CONVICTIONS AGAINST KUMMERFELD ASSOCIATES, INC. AND ITS OWNERS. Document filed by Donald D. Kummerfeld. (McCallion, Kenneth) (Entered: 12/18/2007)
PACER 153 Filed: 12/18/2007, Entered: None
RESPONSE to Motion re: 149 MOTION in Limine. TO EXCLUDE EVIDENCE DISPUTING THE UNDERLYING JUDGMENT AND THE SECOND CIRCUIT'S RULING. Document filed by Donald D. Kummerfeld. (McCallion, Kenneth) (Entered: 12/18/2007)
PACER 152 Filed: 12/18/2007, Entered: None
DECLARATION of Kenneth F. McCallion in Opposition re: 140 MOTION for Sanctions.. Document filed by Donald D. Kummerfeld. (McCallion, Kenneth) (Entered: 12/18/2007)
PACER 151 Filed: 12/17/2007, Entered: None Court Filing
ORDER: Any opposition to motions in limine or to any legal arguments in a pretrial memorandum are due tomorrow, 12/18/07 by 5:00 p.m. Two courtesy copies of any submission are to be hand-delivered to chambers by 5:00 p.m. (Responses due by 12/18/2007) (Signed by Judge Denise L. Cote on 12/17/07) Copies Mailed by Chambers.(db) (Entered: 12/17/2007)
PACER 150 Filed: 12/7/2007, Entered: None
PLAINTIFF'S Exhibit List. Document filed by Cordius Trust.(djc) (Entered: 12/13/2007)
PACER 149 Filed: 12/7/2007, Entered: None Motion in Limine
MOTION in Limine to exclude evidence disputing the underlying judgment and the Second Circuit's Ruling. Document filed by Cordius Trust.(djc) (Entered: 12/13/2007)
PACER 148 Filed: 12/7/2007, Entered: None
DEFENDANTS' Exhibit List. Document filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc., Cordius Trust.(djc) (Entered: 12/13/2007)
PACER 147 Filed: 12/7/2007, Entered: None
MEMORANDUM OF LAW in Support of Motion in Limine to Exclude Evidence Disputing the Underlying Judgment and the Second Circuit's Ruling. Document filed by Cordius Trust. (djc) (Entered: 12/13/2007)
PACER 146 Filed: 12/7/2007, Entered: None
MEMORANDUM OF LAW in Support re: 141 MOTION in Limine. Document filed by Cordius Trust. (djc) (Entered: 12/13/2007)
PACER 145 Filed: 12/7/2007, Entered: None
REQUEST TO CHARGE. Document filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc..(djc) (Entered: 12/13/2007)
PACER 144 Filed: 12/7/2007, Entered: None
REQUEST TO CHARGE. Document filed by Cordius Trust.(djc) (Entered: 12/13/2007)
PACER 143 Filed: 12/7/2007, Entered: None Motion in Limine
MOTION in Limine precluding the testimony of Elizabeth Kummerfeld at trial on the ground of diminished mental capacity; or in the alternative MOTION in the alternative, if she is found competent to testify, allowing for the admisssion of evidence concerning Mrs. Kummerfeld's diminished mental capacity so that the jury may properly weigh her testimony. MOTION to Preclude reference to all criminal proceedings in which Mrs. Kummerfeld was either a defendant or called as a witness, including United States v. Kummerfeld, S2 00 cr 49 under Fed. R. Evid. 403 on the grounds that such evidence or references would be unduly prejudicial and unrelated to the subject matter of the instant proceedings. Attached is Declaration of Kenneth F. McCallion in support. Document filed by Donald D. Kummerfeld.(djc) Modified on 12/13/2007 (djc). (Entered: 12/13/2007)
PACER 142 Filed: 12/7/2007, Entered: None
AFFIDAVIT of Lisa M.Vooys in Support re: 140 MOTION for Sanctions. Document filed by Cordius Trust. (djc) (Entered: 12/13/2007)
PACER 141 Filed: 12/7/2007, Entered: None Motion in Limine
MOTION in Limine concerning admissibility of prior judgments and convictions against Kummerfeld Associates, Inc and its owners. Document filed by Cordius Trust.(djc) (Entered: 12/13/2007)
PACER 140 Filed: 12/7/2007, Entered: None Motion for Sanctions
MOTION for Sanctions purs to FRCP 37(c).Attached is Memorandum of Law in Support Document filed by Cordius Trust.(djc) (Entered: 12/13/2007)
PACER 139 Filed: 11/20/2007, Entered: None Court Filing
ORDER; that the parties are directed to appear for the Final Pretrial Conference set for 12/20/2007 at 02:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 11/20/07) (pl) (Entered: 11/21/2007)
PACER 138 Filed: 11/1/2007, Entered: None
NOTICE OF APPEARANCE by Kenneth Foard McCallion on behalf of Elizabeth Kummerfeld (McCallion, Kenneth) (Entered: 11/01/2007)
PACER 137 Filed: 10/2/2007, Entered: None
AFFIDAVIT OF SERVICE of Order dated 9/25/2007 served on John D. Brinitzer and Donald Kummerfeld on 9/26/2007. Service was made by Federal Express. Document filed by Elizabeth Kummerfeld. (jar) (Entered: 10/02/2007)
PACER 136 Filed: 9/25/2007, Entered: None Court Filing
ORDER that the September 10, 2007 application to withdraw filed by Satterlee Stephens Burke & Burke LLP is granted. The schedule detailed in the 9/14/07 order is adopted and the trial will be adjourned to 1/14/08. Present counsel for Kummerfeld will promptly serve this Order on Kummerfeld. (Signed by Judge Denise L. Cote on 9/25/07) (dle) (Entered: 09/25/2007)
PACER 135 Filed: 9/20/2007, Entered: None
NOTICE of Notification: that the annexed Order was granted in the office of the U.S.D.C., Southern District of New York on 9/14/07. Document filed by Donald D. Kummerfeld. (pl) (Entered: 09/21/2007)
PACER 134 Filed: 9/17/2007, Entered: None Court Filing
ORDER that any objection to the 9/14 application by Donald Kummerfeld to withdraw must be made by 9/21/07, with two courtesy copies provided to Chambers. In the event there is no objection, the application wil be granted, and the trial will be adjourned to 1/14/08. The pre trial order will be due 12/7/07. In the event newly retained counsel for Kummerfeld has not filed a notice of appearance by 11/2/07, the Court will assume that Kummerfeld will be proceeding pro se. Any counsel retained by Kummerfeld must be prepared to proceed to trial on 1/14/08. Present counsel for Kummerfeld will promptly serve this Order on Kummerfeld. (Signed by Judge Denise L. Cote on 9/14/07) copies sent by chambers.(cd) (Entered: 09/18/2007)
PACER 133 Filed: 9/17/2007, Entered: None
MEMORANDUM of Cordius Trust in Response to Motion to Withdraw as Counsel. Document filed by Cordius Trust. (djc) (Entered: 09/18/2007)
PACER 132 Filed: 9/14/2007, Entered: None Court Filing
ORDER that any objection to this application must be made but be made by September 21, 2007; with two courtesy copies provided to Chambers. IT IS FURTHER ORDERED that in the event there is no objection, the application will be granted, and the trial will be adjourned to January 14, 2008. The Pretrial Order will be due December 7, 2007. In the event newly retained counsel for Kummerfeld has not filed a notice of appearance by November 2, 2007 the Court will assume that Kummerfeld will be proceeding pro se. Any counsel retained by Kummerfeld must be prepared to proceed to trial on January 14, 2008. IS FURTHER ORDERED that present counsel for Kummerfeld will promptly serve this Order on Kimmerfeld. SO ORDERED.Pretrial Order due by 12/7/2007, Ready for Trial by 1/14/2008. (Signed by Judge Denise L. Cote on 9/14/2007) (jmi) (Entered: 09/17/2007)
PACER 131 Filed: 9/13/2007, Entered: None
MOTION for Paul M. Brown and Walter A. Saurack of Satterlee Stephens et al to Withdraw as Attorney. Document filed by Donald D. Kummerfeld.(cd) (Entered: 09/14/2007)
PACER 130 Filed: 9/4/2007, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 8/30/2007) (jpo) (Entered: 09/05/2007)
PACER 129 Filed: 8/31/2007, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 8/30/07) (tro) (Entered: 08/31/2007)
PACER 128 Filed: 8/31/2007, Entered: None Court Filing
PRE-TRIAL SCHEDULING ORDER: It is hereby ORDERED that the Joint Pretrial Order must be filed by 9/21/2007. IT IS FURTHER ORDERED that this case is placed on the 10/1/2007 trial ready calendar. IT IS FURTHER ORDERED that the parties shall contact Magistrate Judge Ellis immediately to arrange settlement discussions under his supervision. (Signed by Judge Denise L. Cote on 8/30/07) Copies Mailed By Chambers.(tro) (Entered: 08/31/2007)
PDF 127 Filed: 8/29/2007, Entered: None Court Filing
OPINION AND ORDER re #95124: 114 MOTION for Summary Judgment. filed by Cordius Trust. The plaintiff's and defendant's motion for summary judgment are denied. (Signed by Judge Denise L. Cote on 8/29/07) Copies Mailed By Chambers.(tro) Modified on 8/31/2007 (Miles, Janeen). (Entered: 08/29/2007)
PACER 126 Filed: 3/7/2007, Entered: None
REPLY BRIEF OF LAW in Support of re: 114 MOTION for Summary Judgment. Document filed by Cordius Trust. (ae) (Entered: 03/12/2007)
PACER 125 Filed: 3/7/2007, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 118 MOTION to Dismiss. Document filed by Donald D. Kummerfeld. (cd) (Entered: 03/09/2007)
PACER 124 Filed: 3/6/2007, Entered: None
DECLARATION of Donald Kummerfeld in Opposition re: 114 MOTION for Summary Judgment.. Document filed by Donald D. Kummerfeld. (rag) (Entered: 03/07/2007)
PACER 123 Filed: 3/6/2007, Entered: None
RESPONDENT'S COUNTERSTATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1(b). Document filed by Donald D. Kummerfeld. (rag) (Entered: 03/07/2007)
PACER 122 Filed: 3/6/2007, Entered: None
MEMORANDUM OF LAW in Opposition to Petitioner's motion for summary judgment re: 114 MOTION for Summary Judgment.. Document filed by Donald D. Kummerfeld. (rag) (Entered: 03/07/2007)
PACER 121 Filed: 2/27/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 114 MOTION for Summary Judgment or respondent Donald Kummerfeld. Document filed by Cordius Trust. (dfe) (Entered: 02/28/2007)
PACER 120 Filed: 1/30/2007, Entered: None
MEMORANDUM OF LAW in Support re: 118 MOTION to Dismiss pursuant to Fed. R. Civ. P. 56(b) and pursuant to Rule 56.1 of the Local Civ. R. of the USDC-SDNY/EDNY. Document filed by Donald D. Kummerfeld. (jar) (Entered: 01/31/2007)
PACER 119 Filed: 1/30/2007, Entered: None
RULE 56.1 STATEMENT. Document filed by Donald D. Kummerfeld. (jar) (Entered: 01/31/2007)
PACER 118 Filed: 1/30/2007, Entered: None Motion to Dismiss
MOTION to Dismiss pursuant to Fed. R. Civ. P. 56(b) and pursuant to Rule 56.1 of the Local Civ. R. of the USDC-SDNY/EDNY. Document filed by Donald D. Kummerfeld. [Declaration of Donald D. Kummerfeld, and Affidavit of Paul M. Brown attached](jar) Modified on 1/31/2007 (Rivera, Jazmin). (Entered: 01/31/2007)
PACER 117 Filed: 1/29/2007, Entered: None
AFFIDAVIT of Bradford S. Babbitt in Support re: 114 MOTION for Summary Judgment in accordance w/ FRCP 56 in favor of the Petitioner and against the Respondent Donald D. Kummerfeld. Document filed by Cordius Trust. (ae) (Entered: 01/30/2007)
PACER 116 Filed: 1/29/2007, Entered: None
RULE 56.1 STATEMENT. Document filed by Cordius Trust. (ae) (Entered: 01/30/2007)
PACER 115 Filed: 1/29/2007, Entered: None
MEMORANDUM OF LAW in Support re: 114 MOTION for Summary Judgment in accordance w/ FRCP 56 in favor of the Petitioner and against the Respondent Donald D. Kummerfeldr Summary Judgment. Document filed by Cordius Trust. (ae) (Entered: 01/30/2007)
PACER 114 Filed: 1/29/2007, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment in accordance w/ FRCP 56 in favor of the Petitioner and against the Respondent Donald D. Kummerfeld. Document filed by Cordius Trust.(ae) (Entered: 01/30/2007)
PACER 113 Filed: 1/18/2007, Entered: None Court Filing
ENDORSED LETTER addressed to Denise Cote from Walter A. Saurack dated 1/17/06 re: granting the parties joint proposed briefing schedule for summary judgment motions as follows; Motions due by 1/26/2007,Responses due by 2/26/2007,Replies due by 3/6/2007. (Signed by Judge Denise L. Cote on 1/17/07) (pl) (Entered: 01/18/2007)
PACER 112 Filed: 12/27/2006, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Denise Cote from Walter A. Saurack dated 12/21/06 re: Parties jointly propose the following briefing schedule for respondent's summary judgment motion: 1/19/07, last date to serve summary judgment motion; 2/12/07, last date to serve opposition to motion; and 2/23/07, last date to serve reply to opposition; Two courtesy copies to chambers on 2/23/07. (Signed by Judge Denise L. Cote on 12/21/06) (ae, ) (Entered: 12/27/2006)
PACER 111 Filed: 12/18/2006, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Denise Cote from Paul M. Brown dated 12/15/2006 re: to request a conference concering respondent's request for a briefing schedule in order to bring on a summary judgment motion to dismiss petitioner's claim to pierce the corporate veil. ENDORSEMENT: The parties should consult with each other and make a proposal. (Signed by Judge Denise L. Cote on 12/15/2006) (jmi, ) (Entered: 12/19/2006)
PACER 110 Filed: 12/12/2006, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 12/8/06) (cd, ) (Entered: 12/12/2006)
PACER 109 Filed: 12/11/2006, Entered: None Court Filing
SCHEDULING ORDER: Joint Pretrial Order due by 1/12/2007. Ready for Trial by 2/20/2007. (Signed by Judge Denise L. Cote on 12/8/2006) Copies Mailed By Chambers.(lb, ) (Entered: 12/12/2006)
PACER 108 Filed: 12/8/2006, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER # 94018 re: 104 MOTION a Jury Trial. filed by Donald D. Kummerfeld,. (Signed by Judge Denise L. Cote on 12/8/06) (ae, ) (Entered: 12/11/2006)
PACER 107 Filed: 9/18/2006, Entered: None
REPLY MEMORANDUM OF LAW in Further Support re: 104 MOTION a Jury Trial.. Document filed by Donald D. Kummerfeld. (ae, ) (Entered: 09/20/2006)
PACER 106 Filed: 8/24/2006, Entered: None
MEMORANDUM OF LAW in Opposition re: 104 MOTION a Jury Trial.. Document filed by Cordius Trust. (cd, ) (Entered: 08/25/2006)
PACER 105 Filed: 7/28/2006, Entered: None
MEMORANDUM OF LAW in Support re: 104 MOTION a Jury Trial.. Document filed by Donald D. Kummerfeld, Donald D. Kummerfeld. (jmi, ) (Entered: 07/31/2006)
PACER 104 Filed: 7/28/2006, Entered: None
MOTION a Jury Trial. Document filed by Donald D. Kummerfeld, Donald D. Kummerfeld. (jmi, ) (Entered: 07/31/2006)
PACER 103 Filed: 7/10/2006, Entered: None Court Filing
ORDER: It is hereby ordered that the respondent's motion shall be due 7/28/2006; any opposition shall be due 8/25; any reply shall be due 9/15. It is further ordered that at the time any reply is served the moving party shall supply 2 courtesy copies of all motion papers to Chambers. (Signed by Judge Denise L. Cote on 7/7/2006) (lb, ) (Entered: 07/11/2006)
PACER 102 Filed: 7/7/2006, Entered: None Court Filing
OPINION & ORDER #93328: that deft Kimmerfeld's motion for a jury trial is denied without prejudice to the supplemental motion practice described herein. (Signed by Judge Denise L. Cote on 7/7/06) (cd, ) Modified on 7/11/2006 (lb, ). (Entered: 07/10/2006)
PACER 101 Filed: 5/17/2006, Entered: None
REPLY AFFIDAVIT of Paul M. Brown in Support re: 97 MOTION JURY TRIAL. (jco, ) (Entered: 05/22/2006)
PACER 100 Filed: 5/17/2006, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 97 MOTION JURY TRIAL. Document filed by Donald D. Kummerfeld. (jco, ) (Entered: 05/22/2006)
PACER 99 Filed: 5/12/2006, Entered: None
RESPONSE in Opposition re: 97 MOTION JURY TRIAL.. Document filed by Cordius Trust. (cd, ) (Entered: 05/15/2006)
PACER 98 Filed: 4/28/2006, Entered: None
MEMORANDUM OF LAW in Support re: 97 MOTION for JURY TRIAL. Document filed by Donald D. Kummerfeld. (kco, ) (Entered: 05/01/2006)
PACER 97 Filed: 4/28/2006, Entered: None
NOTICE OF MOTION for JURY TRIAL. Document filed by Donald D. Kummerfeld. (kco, ) (Entered: 05/01/2006)
PACER 96 Filed: 4/19/2006, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Denise L. Cote from Paul M. Brown dated 4/13/06 re: Request that Your Honor rule on the respondent's entilement to a jury trial. ENDORSEMENT: Any motion for a jury trial must be made by April 28; opposition is due May 12, reply is due May 19. The submission of the pre trial order is adjourned sine die. (Signed by Judge Denise L. Cote on 4/17/06) (js, ) (Entered: 04/19/2006)
PACER 95 Filed: 4/14/2006, Entered: None
ANSWER to Complaint with JURY DEMAND. Document filed by Donald D. Kummerfeld.(dle, ) (Entered: 04/17/2006)
PACER 94 Filed: 12/8/2005, Entered: None
NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc, ) (Entered: 12/08/2005)
PACER 93 Filed: 12/7/2005, Entered: None
AFFIDAVIT OF SERVICE of Jury Demand of Donald Kummerfeld served on James A. Wade, Esq. on 12/1/2005. Service was made by mail. Document filed by Donald D. Kummerfeld. (jar, ) (Entered: 12/07/2005)
PACER 92 Filed: 11/30/2005, Entered: None Jury Demand
DEMAND for Trial by Jury. Document filed by Donald D. Kummerfeld.(jco, ) (Entered: 12/01/2005)
PACER 91 Filed: 11/23/2005, Entered: None Court Filing
PRETRIAL SCHEDULING ORDER: the case will be referred to mediation. The Clerk of Court will contact the parties when a mediator has been selected. All expert Discovery due by 3/31/2006. Joint Pretrial Order due by 4/21/2006...; (Signed by Judge Denise L. Cote on 11/22/05); copy of docmt forwarded to mediation. (djc, ) (Entered: 11/28/2005)
PACER 90 Filed: 11/21/2005, Entered: None Court Filing
ORDER that this case has been determined to be eligilbe for mediation and is referred for mediation, as further set forth in this document. (Signed by Judge Denise L. Cote on 11/21/05) (cd, ) (Entered: 11/22/2005)
PACER 89 Filed: 11/2/2005, Entered: None
MANDATE of USCA (Certified Copy) as to 78 Notice of Appeal filed by Donald D. Kummerfeld, USCA Case Number 04-2722-cv. Upon due consideration, it is Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in part, VACATED in part, and the case REMANDED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 10/26/05. (tp, ) (Entered: 11/03/2005)
PACER 88 Filed: 10/17/2005, Entered: None Court Filing
ORDER that a conference is scheduled for November 18, 2005 at 3:30 p.m. at United States Courthouse, 500 Pearl Street, New York, New York in Courtroom 11B. (Signed by Judge Denise L. Cote on 10/14/2005) (jmi, ) (Entered: 10/18/2005)
PACER 87 Filed: 7/16/2004, Entered: None
MOTION for an order, for leave to register the judgment docketed 4/12/00 and 5/3/04 in this jurisdiction with the United States District Court for the District of Massachusetts pursuant to 28 U.S.C. 1963. Document filed by Cordius Trust. Affirmation of Ross Katz in support attached. (sac, ) (Entered: 07/20/2004)
PACER 86 Filed: 6/29/2004, Entered: None
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 78 Notice of Appeal filed by Donald D. Kummerfeld USCA Case Number 04-2722-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 06/29/2004)
PACER 85 Filed: 6/1/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on May 19, 2004, 10:00 a.m. before Judge Denise L. Cote.(dt, ) (Entered: 06/01/2004)
PACER 84 Filed: 5/19/2004, Entered: None
AFFIDAVIT OF SERVICE of order to show cause served on Bradford S. Babbitt on 5/13/04. Service was made by FedEx.. (dle, ) (Entered: 05/24/2004)
PACER 83 Filed: 5/19/2004, Entered: None
AFFIDAVIT OF SERVICE of order to show cause served on Bradford Babbitt on 5/13/04. Service was made by facsimile.. (dle, ) (Entered: 05/24/2004)
PACER 82 Filed: 5/19/2004, Entered: None
AFFIDAVIT OF SERVICE of motion to stay served on Bradford Babbitt on 5/13/04. Service was made by facsimile.. (dle, ) (Entered: 05/24/2004)
PACER 81 Filed: 5/19/2004, Entered: None
AFFIDAVIT OF SERVICE of motion to stay served on Bradford S. Babbitt, attorney for petitioner on 5/13/04. Service was made by FedEx.. (dle, ) (Entered: 05/24/2004)
PACER 80 Filed: 5/20/2004, Entered: None Court Filing
ORDER; regarding procedures to be followed that shall govern the handling of the posting of bonds in this action. (Signed by Judge Denise L. Cote on 5/19/2004) (jp, ) (Entered: 05/21/2004)
PACER 79 Filed: 5/14/2004, Entered: None Court Filing
ORDER. A conference is scheduled at the parties' request for 5/19/04, at 10 a.m., at the U.S. Courthouse, 500 Pearl Street, New York, NY, in Courtroom 11B (Signed by Judge Denise L. Cote on 5/14/04) (yv, ) (Entered: 05/17/2004)
PACER 78 Filed: 5/11/2004, Entered: None
NOTICE OF APPEAL from 77 Judgment. Document filed by Donald D. Kummerfeld. Filing fee $ 255.00, receipt number E 507855. Copies of Notice of Appeal mailed to Attorney(s) of Record: Bradford S. Babbitt, Esq. (tp, ) (Entered: 05/12/2004)
PACER 77 Filed: 4/30/2004, Entered: None Court Filing
JUDGMENT #04,0832 in favor of Cordius Trust against Donald Kummerfeld in the amount of $ 2055408.91. (Signed by Judge Denise L. Cote on 4/30/04) (ml, ) (Entered: 05/03/2004)
PACER 76 Filed: 3/30/2004, Entered: None Court Filing
OPINION AND ORDER # 89871. Mr. Kummerfelds motion to dismiss is denied. Cordiu's motion for a writ of execution and turnover order piercing the corporate veil of KAI and rendering Mr. Kummerfeld's assets amenable to attachment is granted. (Signed by Judge Denise L. Cote on 3/30/2004) (jsa, ) (Entered: 03/31/2004)
PACER 75 Filed: 3/25/2004, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Denise L. Cote from Paul M. Brown dated 3/23/04 re: counsel for respondent requests leave to submit a short reply limited to new matters in Cordius' Response, 10 business days to reply and Oral Argument on the Objections. The Court will not rely on the affidavit of Mr. Bobbitt. Should Mr. Kummerfeld wish to respond briefly to the Cordius submission, the response should be submitted by 3/25/04 at 5:00 p.m. (Signed by Judge Denise L. Cote on 3/24/04) (db, ) (Entered: 03/29/2004)
PACER 74 Filed: 3/25/2004, Entered: None
BRIEF in further support of his objections to report and recommendations.. Document filed by Elizabeth Kummerfeld.(pa, ) (Entered: 03/29/2004)
PACER 73 Filed: 3/22/2004, Entered: None
AFFIDAVIT of Bradford S. Babbitt in Support re: 72 Response. Document filed by Cordius Trust. (yv, ) (Entered: 03/26/2004)
PACER 72 Filed: 3/22/2004, Entered: None
RESPONSE re: 71 Objection to Report and Recommendations. Document filed by Cordius Trust. (yv, ) (Entered: 03/26/2004)
PACER 71 Filed: 3/4/2004, Entered: None
OBJECTION to 69 Report and Recommendations (nite dep. box) Document filed by Elizabeth Kummerfeld. (pa, ) (Entered: 03/08/2004)
PACER 70 Filed: 3/4/2004, Entered: None
AFFIDAVIT of Paul M. Brown objecting to Report and Recommendations. (nite dep. box). Document filed by Elizabeth Kummerfeld. (pa, ) (Entered: 03/08/2004)
PACER 69 Filed: 2/20/2004, Entered: None Court Filing
REPORT AND RECOMMENDATIONS re: 60 Motion for Writ Motion for Miscellaneous Relief Motion for Miscellaneous Relief filed by Cordius Trust, 67 Motion to Dismiss filed by Elizabeth Kummerfeld, Kummerfeld Associates, Inc. For the reasons further set forth in this Report, Judge Ronald L. Ellis recommends that Kummerfeld's motion to dismiss be denied, and Cordius's petition to pierce the corporate veil be granted. Objections to R&R due by 3/1/2004 (Signed by Judge Ronald L. Ellis on 2/19/04) Copies sent by Chambers.(yv, ) (Entered: 02/23/2004)
PACER 68 Filed: 5/16/2003, Entered: None
MEMORANDUM OF LAW by Elizabeth Kummerfeld, Kummerfeld Associate in support of [67-1] motion for an order pursuant to Rule 12(b)(5) and 12(b)(6) of the FRCP dismissing the action against dft . (db) (Entered: 05/20/2003)
PACER 67 Filed: 5/16/2003, Entered: None
NOTICE OF MOTION by Elizabeth Kummerfeld, Kummerfeld Associate for an order pursuant to Rule 12(b)(5) and 12(b)(6) of the FRCP dismissing the action against dft . Affidavit of Donald D. Kummerfeld in support of motion attached. No Return Date indicated. (db) (Entered: 05/20/2003)
PACER 66 Filed: 4/23/2003, Entered: None Court Filing
Memo-Endorsement on letter addressed to Mag. Judge Ellis from Walter A. Saurack, dated 4/11/03. Counsel for respondent requests that respondent has until 5/12/03 to serve opposition to Cordius Trust's petition and that petitioner has until 6/2/03 to serve its reply to respondent's opposition papers. Application granted. ( signed by Magistrate Judge Ronald L. Ellis ) (sb) (Entered: 04/23/2003)
PACER 65 Filed: 4/16/2003, Entered: None Court Filing
PRETRIAL CONFERENCE ORDER: that a conference will be held in this case by the Judge on 7/8/03 at 10:30 a.m. in Courtroom 20A, 500 Pearl Street. ( signed by Magistrate Judge Ronald L. Ellis ) (tp) (Entered: 04/18/2003)
PACER 64 Filed: 4/1/2003, Entered: None
RETURN OF SERVICE of Notice of Petition and memorandum of Law unexecuted on 03/24/03 as to Donald Kummerfeld. (djc) (Entered: 04/03/2003)
PACER 63 Filed: 3/28/2003, Entered: None
AFFIDAVIT OF SERVICE of Notice of Petition et al as to Donald Kummerfeld, by Michael Gafferd on 3/24/03 . . (cd) (Entered: 03/31/2003)
PACER 62 Filed: 3/27/2003, Entered: None Court Filing
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Manageemnt Conference held by District Judge. Referred to Magistrate Judge Ronald L. Ellis. ( signed by Judge Denise L. Cote ) (jco) (Entered: 03/28/2003)
PACER 61 Filed: 3/25/2003, Entered: None
MEMORANDUM OF LAW by Cordius Trust in support of [60-1] motion for an order to issue a writ of execution and turnover order to enforce a judgment of the U.S. District Court for the SDNY against Kummerfeld Associates, Inc., and its president, Elizabeth Kummerfeld, [60-2] motion for an order to pierce the corporate veil of Kummerfeld Associates, Inc. in order to render the assets of respondent, Donald Kummerfeld, amenable to attachment. Appendix of Exhibits attached. (sb) Modified on 03/27/2003 (Entered: 03/27/2003)
PACER 60 Filed: 3/25/2003, Entered: None
NOTICE OF MOTION by Cordius Trust for an order to issue a writ of execution and turnover order to enforce a judgment of the U.S. District Court for the SDNY against Kummerfeld Associates, Inc., and its president, Elizabeth Kummerfeld and for an order to pierce the corporate veil of Kummerfeld Associates, Inc. in order to render the assets of respondent, Donald Kummerfeld, amenable to attachment. Return Date 4/14/03 at 9:30. (sb) (Entered: 03/27/2003)
PACER 59 Filed: 3/25/2003, Entered: None Court Filing
ORDER, The parties will direct all correspondence regarding and courtesy copies of the motion papers to Magistrate Judge Ellis. ( signed by Judge Denise L. Cote ); Copies mailed by Chambers. (sb) (Entered: 03/27/2003)
PACER 58 Filed: 3/21/2003, Entered: None Court Filing
Memo-Endorsement on letter addressed to Judge Cote from Ross Katz, dated 3/14/03; Counsel writes to request permission to extend the 25 page limit set forth in Judge Cote's individual practices. Granted . ( signed by Judge Denise L. Cote ); Copies mailed by Chambers. (jco) (Entered: 03/21/2003)
PACER 57 Filed: 1/10/2001, Entered: None
MANDATE OF USCA (certified copy) Re: Affirmed judgment of the district court [55-1] appeal by Elizabeth Kummerfeld, Kummerfeld Associate. 00-7444, Roseann B. Mackechenie, Clrk. (sl) (Entered: 01/10/2001)
PACER 56 Filed: 6/16/2000, Entered: None
Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [55-1] appeal by Elizabeth Kummerfeld, Kummerfeld Associate. (dt) (Entered: 06/16/2000)
PACER 55 Filed: 4/17/2000, Entered: None
NOTICE OF APPEAL by Kummerfeld Associate, Elizabeth Kummerfeld ; from [53-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: James A. Wade, Esq. and Bradford S. Babbitt, Esq. $105.00 Appeal filing fee paid 4/17/00 on receipt # E 371594. (dt) (Entered: 04/18/2000)
PACER 54 Filed: 4/12/2000, Entered: None Court Filing
ORDER; Plaintiff is entitled to recover $72,840.73 in attorneys' fees and costs from defendants. This amount shall be reflected in the judgment ; The Clerk of Court is instructed to enter judgment and close this case ; (signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 04/12/2000)
PACER 53 Filed: 4/11/2000, Entered: None Court Filing
JUDGMENT #00,0848; it is ordered and adjudged that pltff is to recover from defts damages in the amount of $1,418,000.00, plus prejudgment interest at the rate of 10% per annum, calculated from 4/26/99 through the entry of this judgment, which totals to $111,011.87 through 2/7/00 and continues to accrue at the rate of $388.49 per day until the date of this Judgment, plus postjudgment interest at the statutory rate of 6.287%, which shall be calculated on the damages plus the prejudgment interest earned up to the date of this Judgment from the date of this Judgment until the date on which this judgment is satisfied, plus attys' fees and costs in the amount of $72,840.73. The defts take nothing by their counterclaims and that the counterclaims be dismissed on the merits. This Court shall retain jurisdiction over this action to address any issues that arise and are brought before the Court in the course of the execution of this Judgment and to address any additional requests for attys' fees and costs associated with the collection of this Judgment. ( signed by Judge Denise L. Cote ); Mailed copies and notice of right to appeal. Entered On Docket: 4/12/00. (sac) (Entered: 04/12/2000)
PACER 52 Filed: 4/5/2000, Entered: None Court Filing
Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 2/7/00 at 2:10 PM. (sn) (Entered: 04/06/2000)
PACER 51 Filed: 3/27/2000, Entered: None
Proof of Service of Affidavit in Support of Recalculated Application for Award of Attorneys' Fees to the Plaintiff by Federal Express Priority Overnight by airbill tracking number 8115 6003 6834 to counsel to defendant; (djc) (Entered: 03/29/2000)
PACER 50 Filed: 3/27/2000, Entered: None
AFFIDAVIT of Bradford S. Babbitt by Cordius Trust in support of Recalculated Application for Award of Attorneys' Fees to the Plaintiff. (djc) (Entered: 03/28/2000)
PACER 49 Filed: 3/8/2000, Entered: None Court Filing
MEMORANDUM OPINION and ORDER #83593, that several categories of plaintiff's requested fees and costs are unreasonable, duplicative, or excessive. Plaintiff shall recalculate its request in accordance with the guidlines provided by this Opinion and submit a revised request for fees and costs along with supporting documentation by 3/13/00 ; Defendants shall file any objections to the recalculated fees by 3/16/00. Defendants should limit their objections to the accuracy of plaintiff's calculations and the conformance of requested fees to this Opinion, as all substantive objections have been addressed by the Court . ( signed by Judge Denise L. Cote ); Copies mailed. (ri) (Entered: 03/09/2000)
PACER 48 Filed: 3/7/2000, Entered: None Court Filing
Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 1/28/00. (jp) (Entered: 03/08/2000)
PACER 47 Filed: 2/16/2000, Entered: None
Reply affidavit of James A. Wade by Cordius Trust in support of [46-1] motion for an Order awarding the pltff in this action attorney's fees and costs in accordance with the pltffs petition in its complaint, [46-2] motion for an Order purs. to which the Court retains jurisdiction over this case for the purpose of considering any further petitions for award of attys' fees and costs as may be made by the pltff (ls) (Entered: 02/17/2000)
PACER 46 Filed: 2/14/2000, Entered: None
NOTICE OF MOTION by Cordius Trust; for an Order awarding the pltff in this action attorney's fees and costs in accordance with the pltffs petition in its complaint ; for an Order purs. to which the Court retains jurisdiction over this case for the purpose of considering any further petitions for award of attys' fees and costs as may be made by the pltff ; Return date 2/17/00. (jp) (Entered: 02/15/2000)
PACER 45 Filed: 2/14/2000, Entered: None
AFFIDAVIT of James A. Wade by Cordius Trust in support Re: [44-1] motion for an order, revising the Court's Scheduling Order dated 2/7/00 so as to permit the pltff to file its Revised Motion for Attys' Fees beyond the deadline set by the Feb. 7 Scheduling Order in light of the fact that pltff's counsel received the Order after the deadline had expired. (sac) (Entered: 02/15/2000)
PACER 44 Filed: 2/14/2000, Entered: None
NOTICE OF MOTION by Cordius Trust for an order, revising the Court's Scheduling Order dated 2/7/00 so as to permit the pltff to file its Revised Motion for Attys' Fees beyond the deadline set by the Feb. 7 Scheduling Order in light of the fact that pltff's counsel received the Order after the deadline had expired ; Return date 2/17/00. Affidavit of Bradford S. Babbit in support attached. (sac) (Entered: 02/15/2000)
PACER 43 Filed: 2/14/2000, Entered: None
NOTICE OF SUBMISSION OF PROPOSED FORM OF JUDGMENT by Cordius Trust (sac) (Entered: 02/15/2000)
PACER 42 Filed: 2/8/2000, Entered: None Court Filing
ORDER; that plaintiff's motion for attys' fees will be served by the dates indicated below: revised motion served by 8/14/00; Opposition served by 2/14/00; reply served by 2/17/00 ; at the time the Reply is served, plaintiff shall supply two courtesy copies of all motion papers to Chambers by delivering them to the Courthouse mailroom, 8th fl. U.S. courthouse, 500 Pearl St., N.Y.C.; by 2/14/00, plaitniff shall submit a proposed judgment to the Court. Any objections to the proposed judgment must be filed by 2/17/00 . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 02/24/2000)
PACER 41 Filed: 2/4/2000, Entered: None
AFFIDAVIT of james Wade by Cordius Trust in support Re: [40-1] motion for attorney fees and costs . (cd) (Entered: 02/07/2000)
PACER 40 Filed: 2/4/2000, Entered: None
NOTICE OF MOTION by Cordius Trust for attorney fees and costs ; Return date 2/25/00 (cd) (Entered: 02/07/2000)
PACER 39 Filed: 2/2/2000, Entered: None Court Filing
OPINION AND ORDER #83425; denying [14-1] motion for an Order compelling arbitration purs. to paragraph 4 of the Agreement dated 3/13/97, denying [14-2] motion for a stay of this action purs. to Section 3 of the Federal Arbitration Act, denying [14-3] motion for an Order dismissing this matter for lack of jurisdiction and venue and directing the parties to submit to the jurisdiction of New York Supreme Court. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) Modified on 02/03/2000 (Entered: 02/02/2000)
PACER 38 Filed: 2/2/2000, Entered: None Court Filing
ORDER; the trial, currently scheduled to begin on 02/04/00 at 4:00 p.m., is rescheduled for 02/07/00 at 2:00 p.m., 500 Pearl Street, Courtroom 11B ; Due to the uncertain schedule of a criminal trial currently before the Court, the parties are to remain in contact with the Court to confirm the scheduling of this matter by contacting Gloria Sanchez, Courtroom Deputy, at 805-0097. As to the scope of proceedings on February 7, the parties are instructed to refer to the Court's Order of January 31, 2000 . (signed by Judge Denise L. Cote); Copies mailed. (djc) (Entered: 02/02/2000)
PACER 37 Filed: 2/1/2000, Entered: None Court Filing
ORDER, that assuming that the defendants choose to proceed to trial and provide the request notice to plaintff, the non-jury trial shall begin 2/4/00 at 4:00 p.m., at 500 Pearl Street, Courtroom 11B ; The only direct testimony the Court will consider is that reflected in the affidavit of Joel Richards, any offer of counterclaims is confirmed to the cross-examination of Mr. Richards . ( signed by Judge Denise L. Cote ); Copies mailed. (ri) (Entered: 02/02/2000)
PACER 36 Filed: 1/31/2000, Entered: None
NOTICE of attorney appearance for Elizabeth Kummerfeld, Kummerfeld Associate by Sheldon Farber. (ri) (Entered: 02/01/2000)
PACER 35 Filed: 1/26/2000, Entered: None
UNSIGNED JOINT PRE-TRIAL ORDER filed (cd) (Entered: 01/28/2000)
PACER 34 Filed: 1/25/2000, Entered: None
DECLARATION of Thomas W. Caulfield by Elizabeth Kummerfeld, Kummerfeld Associate in opposition to Re: Plaintiff's motion and "Reneweed" motion for sanctions. (pl) (Entered: 01/26/2000)
PACER 33 Filed: 1/25/2000, Entered: None Court Filing
Letter filed by Elizabeth Kummerfeld, Kummerfeld Associate addressed to Judge Cote from Elizabeth M. Kummerfeld, dated 1/21/00, re: a request for an extension of time for the submission of the Joint Pretrial Order. (jp) (Entered: 01/26/2000)
PACER 32 Filed: 1/25/2000, Entered: None
UNSIGNED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (pl) (Entered: 01/26/2000)
PACER 31 Filed: 1/24/2000, Entered: None Court Filing
ORDER TO SHOW CAUSE; that the parties show cause on 1/28/00 at 3:30 p.m., in Courtroom 11B, 500 Pearl St., why this Court should not: 1) enter an order of default against defts Elizabeth Kummerfeld and Kummerfeld Associates, Inc.; 2) dismiss the defts' counterclaims in their entirety; and 3) refer this action to Magistrate Judge Ellis for an inquest on the issue of damages and atty's fees. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) Modified on 01/26/2000 (Entered: 01/25/2000)
PACER 30 Filed: 1/21/2000, Entered: None Court Filing
Memo-Endorsement on letter addressed to Judge Cote from Thomas W. Caulfield, dated 1/19/00; defendant's response to motion reset to 1/19/00 for [25-1] motion for an order imposing sanctions, including a judgment by default, for the defendants' willful and repeated failure to comply with the orders of this Court and the F.R.C.P., as well as their pervasive efforts to prevent the plaintiff from conducting discovery in this case; There shall be no further extensions ; Plaintiff's reply to Response to Motion reset to 1/26/00 for [25-1] motion for an order imposing sanctions, a judgment by default, for the defendants' willful and repeated failure to comply with the orders of this Court the F.R.C.P., as well as their pervasive efforts to prevent the plaintiff from conducting discovery in this case . (signed by Judge Denise L. Cote); Copies mailed. (ri) Modified on 01/26/2000 (Entered: 01/24/2000)
PACER 29 Filed: 1/10/2000, Entered: None
DECLARATION of Thomas Caulfield by Elizabeth Kummerfeld, Kummerfeld Associate in support Re: [28-1] reply memorandum . (cd) (Entered: 01/11/2000)
PACER 28 Filed: 1/10/2000, Entered: None
REPLY MEMORANDUM by Elizabeth Kummerfeld, Kummerfeld Associate re: [14-1] motion for an Order compelling arbitration purs. to paragraph 4 of the Agreement dated 3/13/97, [14-3] motion for an Order dismissing this matter for lack of jurisdiction and venue and directing the parties to submit to the jurisdiction of New York Supreme Court (cd) (Entered: 01/11/2000)
PACER 27 Filed: 1/4/2000, Entered: None
NOTICE by Cordius Trust to take deposition of Donald Kummerfeld on 12/21/99; subpoena(s) issued. (pl) (Entered: 01/06/2000)
PACER 26 Filed: 1/4/2000, Entered: None
MEMORANDUM OF LAW by Cordius Trust in opposition to [14-1] motion for an Order compelling arbitration purs. to paragraph 4 of the Agreement dated 3/13/97, [14-2] motion for a saty of this action purs. to Section 3 of the Federal Arbitration Act, [14-3] motion for an Order dismissing this matter for lack of jurisdiction and venue and directing the parties to submit to the jurisdiction of New York Supreme Court (pl) (Entered: 01/06/2000)
PACER 25 Filed: 1/4/2000, Entered: None
NOTICE OF MOTION by Cordius Trust; for an order imposing sanctions, including a judgment by default, for the defendants' willful and repeated failure to comply with the orders of this Court and the F.R.C.P., as well as their pervasive efforts to prevent the plaintiff from conductin discovery in this case ; w/ attch afdt. in support by Bradford S. Babbit; Return date 12/21/99. (pl) (Entered: 01/06/2000)
PACER 24 Filed: 1/4/2000, Entered: None
NOTICE OF MOTION by Cordius Trust; for an order compelling dft. Elizabeth Kummerfeld to appear and give testimony under oath at her duly noticed deposition scheduled for 12/21/99 ; aff. in support by Bradford S. Babbitt; Return date: not indicated (pl) (Entered: 01/06/2000)
PACER 23 Filed: 1/4/2000, Entered: None
NOTICE OF MOTION by Cordius Trust; for an order compelling Donald Kummerfeld, Chariman of the Board of thdft. Jummerfeld Associates, Inc. to appear and give testimony under oath at his djuly ntoced depositon shceudle for 12/21/99 ; w/ attch. aff.in support by Bradford S. Babbitt; Return date 6/9/99. (pl) (Entered: 01/06/2000)
PACER 22 Filed: 1/4/2000, Entered: None
NOTICE by Cordius Trust to take deposition of Elizabeth Kummerfeld on 12/21/99; subpoena(s) issued. (pl) (Entered: 01/06/2000)
PACER 21 Filed: 1/3/2000, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER # 83284, Cordius Trust's application for alternative service is granted. Service of the subpoena duces tecum upon Kummerfeld that is effected by certified mail shall be deemed sufficient to satisfy the requirements of Rule 45, F.R.C.P. . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 01/05/2000)
PACER 20 Filed: 1/3/2000, Entered: None Court Filing
Memo endorsed on original application for order of alternative servie of subpoena on Donald Kimmerfeld; granting pltff's application for an order authorizing Cordius Trust to serve a subpoena duces tecum on Donald Kummerfeld by certified mail ; ( signed by Judge Denise L. Cote ); copies mailed (ls) Modified on 01/04/2000 (Entered: 01/04/2000)
PACER 19 Filed: 12/28/1999, Entered: None
AFFIDAVIT of Bradford S. Babbitt by Cordius Trust in support Re: [18-1] motion for an order pursuant to Rule 37(b) FRCP, imposing sanctions, including a judgment by default, for the defendants' willful and repeated failure to comply with orders of this court and the FRCP. (ri) (Entered: 12/29/1999)
PACER 18 Filed: 12/28/1999, Entered: None
NOTICE OF RENEWED MOTION by Cordius Trust, for an order pursuant to Rule 37(b) FRCP, imposing sanctions, including a judgment by default, for the defendants' willful and repeated failure to comply with orders of this court and the FRCP . Return date 1/4/00. (ri) (Entered: 12/29/1999)
PACER 17 Filed: 12/21/1999, Entered: None
AFFIDAVIT W/ REGARD TO PROOF OF SERVICE by Bradford S. Babbitt for Cordius Trust in support Re: [16-1] support memorandum (ls) (Entered: 12/22/1999)
PACER 16 Filed: 12/21/1999, Entered: None
CORRECTED MEMORANDUM OF LAW by Cordius Trust in support of pltff's motion for sanctions (ls) (Entered: 12/22/1999)
PACER 15 Filed: 12/14/1999, Entered: None
MEMORANDUM OF LAW by Elizabeth Kummerfeld, Kummerfeld Associate in support of [14-1] motion for an Order compelling arbitration purs. to paragraph 4 of the dated 3/13/97, [14-2] motion for a saty of this action purs. to Section 3 of the Federal Arbitration Act, [14-3] motion for an Order dismissing this matter for lack of jurisdiction and venue and directing the parties to submit to the jurisdiction of New York Supreme Court (jp) (Entered: 12/15/1999)
PACER 14 Filed: 12/14/1999, Entered: None
NOTICE OF MOTION by Elizabeth Kummerfeld, Kummerfeld Associate; for an Order compelling arbitration purs. to paragraph 4 of the Agreement dated 3/13/97 ; for a saty of this action purs. to Section 3 of the Federal Arbitration Act , or in the alternative, for an Order dismissing this matter for lack of jurisdiction and venue and directing the parties to submit to the jurisdiction of New York Supreme Court . Return date 1/7/00. Affidavit of Elizabeth M. Kummerfeld in support of motion attached. (jp) (Entered: 12/15/1999)
PACER 13 Filed: 11/17/1999, Entered: None Court Filing
PRETRIAL SCHEDULING ORDER: Any motion to compel arbitration to be served by 12/10/99; Opposition served by 12/24/99; Reply served by 01/07/00; All discovery must be completed by 12/24/99; The Joint pretrial order must be filed by 01/21/00; By January 25, 2000, counsel for each party shall submit a list of all affiants that he or she intends to cross-examine at the trial. Affiants for whom such notice is not given are not required to be present at trial. The case is placed on the February 2000 trial ready calendar. (signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 11/19/1999)
PACER 12 Filed: 10/18/1999, Entered: None Court Filing
Memo-Endorsement on letter addressed to Judge Cote from Thomas W. Caulfield, dated 10/8/99; granting counsel for the defts request that the conference in this case, scheduled for 10/12/99 be adjourned to 11/12/99 at 4:00 p.m. ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 10/19/1999)
PACER 11 Filed: 9/17/1999, Entered: None
NOTICE OF MOTION by Elizabeth Kummerfeld, Kummerfeld Associate to substitute attorney Thomas Caulfied as counsel for defts ; Return date 1/22/99 (cd) (Entered: 09/20/1999)
PACER 10 Filed: 7/30/1999, Entered: None
REPLY by Cordius Trust to [7-2] counter claim; Firm of: Robinson & Cole, LLP by attorney Michael B. Golden for counter-defendant Cordius Trust (djc) (Entered: 08/04/1999)
PACER 9 Filed: 7/29/1999, Entered: None
Order setting initial pre-trial conference for 10/12/99 at 12:00 p.m., at the U.S. Courthouse, 500 Pearl Street, in Courtroom 11B. ( signed by Denise L. Cote ) (sac) (Entered: 07/30/1999)
PACER 8 Filed: 7/9/1999, Entered: None
RULE 1.9 CERTIFICATE filed by Elizabeth Kummerfeld, Kummerfeld Associate (jp) (Entered: 07/12/1999)
PACER 7 Filed: 7/9/1999, Entered: None
ANSWER to Complaint and COUNTERCLAIM by Elizabeth Kummerfeld, Kummerfeld Associate (Attorney Kenneth F. McCallion) against Cordius Trust (jp) (Entered: 07/12/1999)
PACER 6 Filed: 7/1/1999, Entered: None Court Filing
STIPULATION; reset answer due for 7/9/99 for Kummerfeld Associate, for Elizabeth Kummerfeld ( signed by Judge Denise L. Cote ). (pl) (Entered: 07/02/1999)
PACER 5 Filed: 6/22/1999, Entered: None
NOTICE OF MOTION by Cordius Trust for an Order, purs. to Local Civil Rule 1.3 for the pro hac vice admission of Bradford S. Babbit, James A. Wade, on behalf of pltff ; Return date 6/28/99. Documents in support, as well as proposed order attached. (jp) (Entered: 06/23/1999)
PACER 4 Filed: 6/1/1999, Entered: None
Affidavit of service as to Kummerfeld Associate by Lisa Robinson, an agent of the Sec. of State, of the State of N.Y. on 5/24/99. Answer due on 6/14/99 for Kummerfeld Associate (pl) (Entered: 06/02/1999)
PACER 3 Filed: 5/27/1999, Entered: None
Affidavit of attempted service of Complaint, Rule 1.9 Stmt. and Civil Cover Sheet as to Elizabeth Kummerfeld on 5/12/99; and attempted service on 5/13/99 & 5/14/99. Elizabeth Kummerfeld was not in and no one knew when she would return.(pl) Modified on 06/03/1999 (Entered: 06/03/1999)
PACER 2 Filed: 5/4/1999, Entered: None
RULE 1.9 CERTIFICATE filed by Cordius Trust. (em) (Entered: 05/06/1999)
PACER 1 Filed: 5/4/1999, Entered: None
COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 344176. (em) (Entered: 05/06/1999)

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