ORDER granting 158 . Defendants' motions to dismiss are reinstated and will be decided on the basis of the papers previously filed. Ordered by Judge Brian M. Cogan on 6/28/2021. (Weisberg, Peggy)
Letter MOTION for Leave to File Document re Parties' Agreement to Renew Defendants' Previously Filed Motions to Dismiss by 9609BC8, 91B9CD2, 778AE62. (Clark-Weintraub, Deborah)
ORDER. Parties are to file a joint letter describing the status of the case and whether defendants intend to renew their motions to dismiss by 06/30/2021. If any party objects to the reassignment of this case to this Court, the objection and its basis should be noted in the joint letter. Ordered by Judge Brian M. Cogan on 6/23/2021. (Clarke, Melonie)
Filed: 6/21/2021, Entered: 6/21/2021
ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Ann M Donnelly no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 6/21/2021. (Bowens, Priscilla)
Filed: 6/21/2021, Entered: 6/21/2021
Case no longer referred to Magistrate Judge Roanne L. Mann. (Bowens, Priscilla)
ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly and Magistrate Judge Roanne L. Mann (as related to 17-cv-4547)for all further proceedings. Judge Carol Bagley Amon, Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 6/10/2021. (Davis, Kimberly)
Filed: 6/10/2021, Entered: 6/10/2021
ORDER REASSIGNING CASE. Case reassigned to Judge Carol Bagley Amon and Chief Magistrate Cheryl L. Pollak for all further proceedings. Judge Gary R. Brown, Magistrate Judge Steven I. Locke no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 6/9/2021. (Davis, Kimberly)
ORDER withdrawing 146 Motion to Dismiss; withdrawing 153 Motion to Dismiss for Failure to State a Claim - Based on the foregoing, the Clerk is directed to reassign these actions to a district judge in Brooklyn consistent with the Court's rules. All pending motions in these cases are deemed withdrawn without prejudice to refiling in a manner consistent with the individual practices of the newly-assigned judge. SO Ordered by Judge Gary R. Brown on 5/28/2021. (Tirado, Chelsea) (Main Document 156 replaced on 6/2/2021) (Tirado, Chelsea).
ORDER In order to assist the Court in its review of pending motions, counsel for plaintiff in 17CV6160 and 17CV4547 shall respond to the following questions in writing, to be filed on ECF by close of business Monday, May 24, 2021: 1.In the civil cover sheets of both cases, no response was provided to the question about the County of Residence of the First Listed Plaintiff and the First Listed Defendant. Please provide that answer, and indicate why this information was not provided on the cover sheet, in the complaint(s) and/or in the certification attached thereto. 2.On both cover sheets, counsel for plaintiff responded affirmatively to the following questions: a.Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County? andb. Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern District? For each of these questions, provide a detailed factual explanation as to the basis for those responses. 3.Provide a detailed statement as to the factual basis for the propriety of venue in this judicial district, as well as legal cites to support that contention. 4.On Page I, Section VIII of the cover sheets, counsel did not identify these two cases (as well as similar cases assigned to several other judges) as arguably related pursuant to Division of Business Rule 50.3. Is there a factual reason to believe that these cases are not even arguably related? If so, please provide that factual basis. Defendants may, if they so choose, respond to any of the information provided via ECF before close of business Wednesday May 26. Ordered by Judge Gary R. Brown on 5/20/2021. (Brown, Gary)
Fully Briefed MOTION to Dismiss for Failure to State a Claim by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios. (Attachments: # 1 Declaration of Alexandra Verdi, # 2 Exhibit 1 to Verdi Declaration, # 3 Exhibit 2 to Verdi Declaration, # 4 Exhibit 3 to Verdi Declaration, # 5 Exhibit 4 to Verdi Declaration, # 6 Exhibit 5 to Verdi Declaration, # 7 Exhibit 6 to Verdi Declaration, # 8 Exhibit 7 to Verdi Declaration, # 9 Exhibit 8 to Verdi Declaration, # 10 Exhibit 9 to Verdi Declaration, # 11 Exhibit 10 to Verdi Declaration, # 12 Exhibit 11 to Verdi Declaration, # 13 Exhibit 12 to Verdi Declaration, # 14 Exhibit 13 to Verdi Declaration, # 15 Exhibit 14 to Verdi Declaration, # 16 Exhibit 15 to Verdi Declaration, # 17 Exhibit 16 to Verdi Declaration, # 18 Exhibit 17 to Verdi Declaration, # 19 Exhibit 18 to Verdi Declaration, # 20 Exhibit 19 to Verdi Declaration, # 21 Exhibit 20 to Verdi Declaration, # 22 Exhibit 21 to Verdi Declaration, # 23 Exhibit 22 to Verdi Declaration, # 24 Memorandum in Support, # 25 Memorandum in Opposition Lead Plaintiffs' Omnibus Memorandum of Law, # 26 Affirmation of Deborah Clark-Weintraub in Support of Lead Plaintiffs' Omnibus Memorandum of Law, # 27 Exhibit G to Affirmation of Deborah Clark-Weintraub, # 28 Memorandum in Support Diana Defendants' Reply Memorandum of Law, # 29 Certificate of Service) (David, Israel) Modified on 6/28/2021 to reopen motion(Guzzi, Roseann).
Letter to Judge Brown regarding the Diana Defendants' fully briefed Motion to Dismiss the Second Amended Class Action Complaint by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
REPLY in Support re 146 MOTION to Dismiss filed by 9E6DC88, Kalani Investments Limited, Murchinson Ltd.. (Attachments: # 1 Certificate of Service) (White, Peter)
MEMORANDUM in Opposition re 146 MOTION to Dismiss filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Affirmation of Deborah Clark Weintraub, # 2 Exhibit G to the Second Amended Complaint) (White, Peter)
CERTIFICATE OF SERVICE by 9E6DC88, Kalani Investments Limited, Murchinson Ltd. re 146 MOTION to Dismiss , 148 Affidavit in Support of Motion,,, 147 Memorandum in Support (White, Peter)
AFFIDAVIT/DECLARATION in Support re 146 MOTION to Dismiss of Noah N. Gillespie filed by 9E6DC88, Kalani Investments Limited, Murchinson Ltd.. (Attachments: # 1 Exhibit Form 6-K, # 2 Exhibit B 1-15-2016 Form 6-K, # 3 Exhibit C 1-19-2016 Form 6-K, # 4 Exhibit D 2-29-2016 Form 6-K, # 5 Exhibit E 3-21-2016 Annual Report, # 6 Exhibit F 1-26-2017 Registration Statement, # 7 Exhibit G 2-16-2017 Annual Report, # 8 Exhibit H 3-7-2017 Notice of Effectiveness, # 9 Exhibit I 3-21-2017 Prospectus Supplement, # 10 Exhibit J 3-22-2017 Form 6-K, # 11 Exhibit K 3-24-2017 Registration Statement, # 12 Exhibit L 5-11-2017 Notice of Effectiveness, # 13 Exhibit M 3-16-2018 Annual Report, # 14 Exhibit N Hague Convention, # 15 Exhibit O U.K. Practical Information, # 16 Exhibit P Commission Report, # 17 Exhibit Q U.K. Other Authorities) (White, Peter)
ORDER re 143 Letter. Plaintiffs' request to file a single, consolidated 40-page brief in response to defendants' motions to dismiss is hereby GRANTED. Ordered by Judge Gary R. Brown on 9/23/2020. (Meil, Stephen)
Letter enclosing (for service) the Diana Defendants' Motion to (A) Dismiss Plaintiffs' Second Amended Class Action Complaint, and (B) dismiss defendants 0D53A97 and Anastasios Margaronis from this action by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
ORDER withdrawing 132 Motion to Dismiss. All told, over a hundred pages of briefs have been filed in this matter. In fairness, the parties served their motions prior to the enactment of page limits in the Court's individual rules regarding motions. Nevertheless, as this Court recently held in Kleinknecht et al. v. Ritter et al., case no. 2:19-cv-05760-GRB-AKT, the filings of the briefs herein missed the understanding of the word "brief" and far exceed acceptable filing(s) for the motion. Pursuant to the undersigned's individual rules enacted 9/2/2020: Unless prior permission has been granted, memoranda of law in support of, and in opposition to, motions are limited to 20 pages, and reply memoranda are limited to 10 pages. Memoranda of 10 pages or more shall contain a table of contents. See II.b. Accordingly, the motion papers, DE 132 to 139, are hereby DEEMED WITHDRAWN with leave to renew within 30 days of the date of this Order and consistent with II.b. Ordered by Judge Gary R. Brown on 9/10/2020. (Meil, Stephen)
Fully Briefed MOTION to Dismiss for Failure to State a Claim by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios. (Attachments: # 1 Declaration of Alexandra Verdi, # 2 Exhibit 1 to Verdi Declaration, # 3 Exhibit 2 to Verdi Declaration, # 4 Exhibit 3 to Verdi Declaration, # 5 Exhibit 4 to Verdi Declaration, # 6 Exhibit 5 to Verdi Declaration, # 7 Exhibit 6 to Verdi Declaration, # 8 Exhibit 7 to Verdi Declaration, # 9 Exhibit 8 to Verdi Declaration, # 10 Exhibit 9 to Verdi Declaration, # 11 Exhibit 10 to Verdi Declaration, # 12 Exhibit 11 to Verdi Declaration, # 13 Exhibit 12 to Verdi Declaration, # 14 Exhibit 13 to Verdi Declaration, # 15 Exhibit 14 to Verdi Declaration, # 16 Exhibit 15 to Verdi Declaration, # 17 Exhibit 16 to Verdi Declaration, # 18 Exhibit 17 to Verdi Declaration, # 19 Exhibit 18 to Verdi Declaration, # 20 Exhibit 19 to Verdi Declaration, # 21 Exhibit 20 to Verdi Declaration, # 22 Exhibit 21 to Verdi Declaration, # 23 Exhibit 22 to Verdi Declaration, # 24 Memorandum in Support, # 25 Certificate of Service, # 26 Memorandum in Opposition Lead Plaintiffs' Omnibus Memorandum of Law, # 27 Affirmation of Deborah Clark-Weintraub in Support of Lead Plaintiffs' Omnibus Memorandum of Law, # 28 Exhibit G to Affirmation of Deborah Clark-Weintraub, # 29 Memorandum in Support Diana Defendants' Reply Memorandum of Law, # 30 Certificate of Service) (David, Israel)
Letter to Judge Brown regarding the Diana Defendants' fully briefed Motion to Dismiss the Second Amended Class Action Complaint by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
REPLY in Support re 132 MOTION to Dismiss filed by 9E6DC88, Kalani Investments Limited, Murchinson Ltd.. (Attachments: # 1 Certificate of Service) (White, Peter)
MEMORANDUM in Opposition re 132 MOTION to Dismiss re Service of Process filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Certificate of Service) (White, Peter)
MEMORANDUM in Opposition re 132 MOTION to Dismiss filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Affidavit in Support, # 2 Exhibit G- Diana Form 6-K) (White, Peter)
Letter enclosing (for service) the Diana Defendants' Motion to (A) Dismiss Plaintiffs' Second Amended Class Action Complaint, and (B) dismiss defendants 0D53A97 and Anastasios Margaronis from this action, by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
ELECTRONIC ORDER. Rather than litigate the dismissal of the operative complaint and the leave to file the proposed amended complaint in a piecemeal fashion, see Sodhi v. Mercedes Benz Fin. Servs., USA, LLC, 957 F. Supp. 2d 252, 255 (E.D.N.Y. 2013) ("A proposed amendment would be futile when it would not survive a 12(b)(6) motion to dismiss"), the Court will deem the proposed amended complaint filed at this juncture, and hereby ORDERS as follows: (1) defendants shall answer or otherwise respond to the amended complaint by July 22, 2020, (2) plaintiffs shall serve any oppositions to any motions to dismiss the amended complaint by August 21, 2020, and (3) defendants shall serve any replies in further support of their motions to dismiss by September 8, 2020. The parties may raise any argument raised in previous motions to dismiss, and the parties are expressly cautioned that the failure to raise an argument in a motion to dismiss the amended complaint will constitute waiver of the argument notwithstanding the fact that the arguments were raised in a previous motion. The motion shall not be filed on the docket until fully briefed. The movants shall mail courtesy copies of the fully briefed motion to Judge Brown's chambers. So Ordered by Judge Gary R. Brown on 6/22/2020. (Yim, Kevin)
Letter to Judge Gary R. Brown in Response to Plaintiffs' April 21, 2020 Letter, by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
ORDER granting 120 Motion for Extension of Time to File. Application granted.The pre-motion telephone conference scheduled for April 21, 2020 is adjourned to April 29, 2020 at 11:00 a.m. before Judge Gary R. Brown at which time the parties should be prepared to address defendants' anticipated motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 118-119. Counsel are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and response, along with counsels' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 118-119 by April 21, 2020. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. Ordered by Judge Gary R. Brown on 4/10/2020. c/ecf (Johnston, Linda)
SCHEDULING ORDER granting 118 Motion for Pre Motion Conference. The status conference scheduled for April 21, 2020 has been converted to a pre-motion telephone conference and moved to the afternoon. Accordingly, the pre-motion telephone conference has been scheduled for April 21, 2020 at 2:00 p.m. before Judge Gary R. Brown at which time the parties should be prepared to address defendants' anticipated motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 118 and 119. Counsel are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and response, along with counsels' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 118 and 119 by April 14, 2020. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. Ordered by Judge Gary R. Brown on 4/7/2020. c/ecf (Johnston, Linda)
Letter to Judge Gary R. Brown, dated April 6, 2020, from Israel David, bringing to the Court's attention supplemental authority in respect of the Diana Defendants' pending motion to dismiss by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (Attachments: # 1 Exhibit A - Memorandum Decision and Order of the Honorable Brian M. Cogan, dated August 3.2019, in Brady v. Top Ships Inc., # 2 Exhibit B - Summary Order of the US Court of Appeals for the Second Circuit, dated April 2, 2020, in Onel v. Top Ships, Inc.) (David, Israel)
Letter MOTION for pre motion conference to renew these Defendants motions to dismiss by 9E6DC88, Kalani Investments Limited, Murchinson Ltd.. (Attachments: # 1 Exhibit A Second Circuit Summary Order, # 2 Exhibit B Opinion of Hon. Judge Cogan) (White, Peter)
Electronic ORDER granting DE 117 Motion to Withdraw as Attorney. Attorney Jason A. Zweig is terminated as counsel for F5ECE68. Ordered by Magistrate Judge Steven I. Locke on 2/20/2020. (Georgescu, Dora)
SCHEDULING ORDER: In light of the reassignment of this case to the undersigned the Status Conference set for 4/21/2020 at 11:15 AM will be held in Courtroom 840 before Judge Gary R. Brown. A joint status letter shall be filed 48 hours prior to the conference. Ordered by Judge Gary R. Brown on 2/13/2020. (McMorrow, Karen)
Filed: 2/12/2020, Entered: 2/12/2020
Case Reassigned to Judge Gary R. Brown. Judge Sandra J. Feuerstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol)
Letter responding to Court Order of January 17, 2020 by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (Attachments: # 1 Exhibit A) (David, Israel)
Electronic ORDER: Upon review of the parties submissions, the motion to dismiss 90 is terminated with leave to renew within thirty (30) days of the Second Circuit's decision in 17-cv-4987 Brady v. Top Ships. Ordered by Judge Sandra J. Feuerstein on 1/28/2020. (Disbrow, Sandra)
Electronic ORDER: The parties are directed to file a letter, no later than 1/28/20, that (1) discusses the extent to which, if any, the decision on the pending motion to dismiss may be impacted by the Second Circuit's determination of the appeal in 17-cv-4987 Brady v. Top Ships; and (2) comments on whether a decision on the motion to dismiss should be held in abeyance pending the Second Circuit's decision. The conference scheduled for 1/22/20 is adjourned to 4/21/20 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 1/17/2020. (Disbrow, Sandra)
Filed: 9/26/2019, Entered: 9/26/2019
Electronic ORDER: The status conference scheduled for 10/10/19 is adjourned to 1/22/20 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 9/26/2019. (Disbrow, Sandra)
ORDER denying 58 Motion for Reconsideration - For all the foregoing reasons, the Novack-Aerts Group's motion for reconsideration, DE 58 , is denied. SO Ordered by Judge Sandra J. Feuerstein on 9/11/2019. (Tirado, Chelsea)
Published at
Filed: 9/5/2019, Entered: 9/5/2019
Electronic ORDER granting DE 112 Motion to Withdraw as Attorney. Attorney Jeremy Bachrach Siegfried is terminated as counsel for Defendants Kalani Investments Limited, Murchinson Limited, and 9E6DC88. Ordered by Magistrate Judge Steven I. Locke on 9/5/2019. (Georgescu, Dora)
Notice of MOTION to Withdraw as Attorney by 9E6DC88, Kalani Investments Limited, Murchinson Ltd. of WIthdrawal of Counsel (Siegfried, Jeremy) Modified on 9/5/2019 to edit to a motion per Judge Locke's Chambers(Cubano, Jazmin).
Electronic ORDER granting DE 107 Motion to Withdraw as Attorney. Attorney Justin Solomon Nematzadeh is terminated as counsel for Lead Plaintiffs 9609BC8, 91B9CD2, and 778AE62. Ordered by Magistrate Judge Steven I. Locke on 7/1/2019. (Georgescu, Dora)
Electronic ORDER: The conference scheduled for 6/27/19 is adjourned to 10/10/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 6/21/2019. (Disbrow, Sandra)
Electronic ORDER: The status conference scheduled for 3/12/19 is adjourned to 6/27/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 3/8/2019. (Disbrow, Sandra)
Letter in Response to 9609BC8, 91B9CD2 and 778AE62 February 1, 2019 Letter Regarding Supplemental Authority (ECF No. 102) by 0320CE1, 5666A58, 1DD56D6 (Rosenfeld, David)
Electronic ORDER: The status conference scheduled for 1/15/19 is adjourned to 3/12/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse.Ordered by Judge Sandra J. Feuerstein on 1/11/2019. (Disbrow, Sandra)
Fully Briefed MOTION to Strike by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Lead Plaintiffs Memorandum of Law in Support of Motion to Strike, # 2 Lead Plaintiffs Motion to Strike ECF Letter, # 3 Lead Plaintiffs Certificate of Service, # 4 Kalani Defendants Motion to Strike ECF Letter, # 5 Kalani Defendants Memorandum of Law in Opposition to Lead Plaintiffs Motion to Strike, # 6 Kalani Defendants Certificate of Service, # 7 Diana Defendants Motion to Strike ECF Letter, # 8 Diana Defendants Memorandum of Law in Opposition to Lead Plaintiffs Motion to Strike, # 9 Declaration of Andrew B. Cashmore in Opposition to Lead Plaintiffs Motion to Strike, # 10 Exhibit 1 of the Declaration of Andrew B. Cashmore, # 11 Exhibit 2 of the Declaration of Andrew B. Cashmore, # 12 Diana Defendants Certificate of Service, # 13 Lead Plaintiffs Reply Memorandum of Law in Further Support of Their Motion to Strike, # 14 Lead Plaintiffs Certificate of Service, # 15 Lead Plaintiffs Letter to Judge Feuerstein enclosing Courtesy Copies of fully briefed Lead Plaintiffs Motion to Strike) (Clark-Weintraub, Deborah)
Letter to Hon. Sandra J. Feuerstein regarding pending motion for reconsideration of the Court's April 30, 2018 Order appointing Lead Plaintiff and approving of selection of Lead Counsel by 0320CE1, 5666A58 (Rosenfeld, David)
Fully Briefed MOTION to Dismiss for Failure to State a Claim (Motion Papers on behalf of Diana Defendants and Lead Plaintiffs filed) by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios. (Attachments: # 1 Declaration Declaration of Alexandra Verdi in Support of Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint, # 2 Exhibit 1 to Verdi Declaration, # 3 Exhibit 2 to Verdi Declaration, # 4 Exhibit 3 to Verdi Declaration, # 5 Exhibit 4 to Verdi Declaration, # 6 Exhibit 5 to Verdi Declaration, # 7 Exhibit 6 to Verdi Declaration, # 8 Exhibit 7 to Verdi Declaration, # 9 Exhibit 8 to Verdi Declaration, # 10 Exhibit 9 to Verdi Declaration, # 11 Exhibit 10 to Verdi Declaration, # 12 Exhibit 11 to Verdi Declaration, # 13 Exhibit 12 to Verdi Declaration, # 14 Exhibit 13 to Verdi Declaration, # 15 Exhibit 14 to Verdi Declaration, # 16 Exhibit 15 to Verdi Declaration, # 17 Exhibit 16 to Verdi Declaration, # 18 Exhibit 17 to Verdi Declaration, # 19 Exhibit 18 to Verdi Declaration, # 20 Exhibit 19 to Verdi Declaration, # 21 Exhibit 20 to Verdi Declaration, # 22 Exhibit 21 to Verdi Declaration, # 23 Exhibit 22 to Verdi Declaration, # 24 Exhibit 23 to Verdi Declaration, # 25 Exhibit 24 to Verdi Declaration, # 26 Exhibit 25 to Verdi Declaration, # 27 Exhibit 26 to Verdi Declaration, # 28 Exhibit 27 to Verdi Declaration, # 29 Exhibit 28 to Verdi Declaration, # 30 Exhibit 29 to Verdi Declaration, # 31 Exhibit 30 to Verdi Declaration, # 32 Exhibit 31 to Verdi Declaration, # 33 Exhibit 32 to Verdi Declaration, # 34 Memorandum in Support, # 35 Cover letter for service of Diana Defendants' Motion to Dismiss, # 36 Memorandum in Opposition Lead Plaintiffs' Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss, # 37 Exhibit A to Lead Plaintiffs' Omnibus Memorandum of Law in Opposition to Motions to Dismiss, # 38 Memorandum in Opposition Lead Plaintiffs' Memorandum of Law in Opposition to Kalani Investments Limited's Motion to Dismiss for Insufficient Service of Process, # 39 Declaration of Susan V. Demers, # 40 Exhibit Letters A-I to Demers Declaration, # 41 Certificate of Service, # 42 Cover letter for service of Lead Plaintiffs' opposition to motions to dismiss, # 43 Reply Memorandum of Law in Support of the Diana Defendants' Motion to Dismiss the Consolidated Amended Complaint, # 44 Certificate of Service, # 45 Cover Letter to Judge Feuerstein enclosing copies of all papers filed in connection with the Diana Defendants' Motion to Dismiss the Consolidated Amended Complaint) (David, Israel)
REPLY in Support re 95 Notice of MOTION to Dismiss for Failure to State a Claim filed by 9E6DC88, Murchinson Ltd.. (Attachments: # 1 Certificate of Service via e-mail) (Gillespie, Noah)
RESPONSE in Opposition re 95 Notice of MOTION to Dismiss for Failure to State a Claim filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Exhibit A to Diana Opposition to MTD Omnibus, # 2 Memorandum in Opposition regarding Kalani Service, # 3 Declaration of Susan V. Demers in Support of Lead Plaintiffs' Opposition to Defendants' Motions to Dismiss, # 4 Exhibit A through I to Demers Declaration, # 5 Certificate of Service via e-mail) (Gillespie, Noah)
Notice of MOTION to Dismiss for Failure to State a Claim by 9E6DC88, Murchinson Ltd.. (Attachments: # 1 Memorandum in Support of Murchinson Ltd. and 9E6DC88 Motion to Dismiss, # 2 Declaration of Noah N. Gillespie in Support of Murchinson Ltd. and 9E6DC88 Motion to Dismiss, # 3 Exhibit Diana Current Report, # 4 Exhibit B 3-21-2016 Diana Annual Report, # 5 Exhibit C 2-16-2017 Diana Annual Report, # 6 Exhibit D 1-26-2017 Diana Registration Statement, # 7 Exhibit E 3-7-2017 Notice of Effectiveness, # 8 Exhibit F 3-22-2017 Diana Current Report, # 9 Exhibit G 3-21-2017 Prospectus Supplement, # 10 Exhibit H 3-24-2017 Registration Statement, # 11 Exhibit I 5-11-2017 Notice of Effectiveness, # 12 Exhibit J 6-30-2017 Diana Current Report, # 13 Certificate of Service via e-mail) (Gillespie, Noah)
REPLY in Support re 90 Notice of MOTION to Dismiss for Failure to State a Claim filed by Kalani Investments Limited. (Attachments: # 1 Certificate of Service via e-mail) (White, Peter)
RESPONSE in Opposition re 90 Notice of MOTION to Dismiss for Failure to State a Claim filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Exhibit A - Opposition MTD Omnibus MOL, # 2 Memorandum in Opposition Opposition to Kalani, # 3 Declaration of Susan V. Demers in Support of Lead Plaintiffs Opposition to Defendants Motions to Dismiss, # 4 Exhibit A A through I to Demers Declaration, # 5 Certificate of Service via e-mail) (White, Peter)
Letter (Cover letter for service of the Diana Defendants' opposition to Lead Plaintiffs' motion to strike) by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
Notice of MOTION to Dismiss for Failure to State a Claim by Kalani Investments Limited. (Attachments: # 1 Memorandum in Support of Kalani Investments Limited's Motion to Dismiss, # 2 Declaration of Noah N. Gillespie in Support of Kalani Investments Limiteds Motion to Dismiss, # 3 Exhibit A - to Docket 70, # 4 Exhibit B - Hague Convention, # 5 Exhibit C - Status Table, # 6 Exhibit D - Other Authorities, # 7 Exhibit E - DCIX Form 6-K, # 8 Exhibit F - DCIX Notice of Effectiveness, # 9 Exhibit G - DCIX Notice of Effectiveness, # 10 Exhibit H - Practical, # 11 Exhibit I - 2003 SC Conclusions, # 12 Exhibit J - Reverse Stock Split Checklist PLC, # 13 Certificate of Service via e-mail) (White, Peter)
Letter Enclosing Opposition to Motion to Strike by 9E6DC88, Kalani Investments Limited, Murchinson Ltd. (Attachments: # 1 Certificate of Service) (White, Peter)
STIPULATION AND ORDER The proposed order to modify the briefing schedule 86 is hereby So Ordered. The motions to dismiss will be fully briefed by 11/30/18; the motion to strike will be fully briefed by 12/14/18. The parties are reminded to provide courtesy copies of the fully briefed motions after filing. Ordered by Judge Sandra J. Feuerstein on 11/15/2018. (Disbrow, Sandra)
Proposed Scheduling Order (Stipulation and [Proposed] Order to Modify Schedule) by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
Letter Enclosing Plaintiffs' Opposition to Motions to Dismiss Under Rules 12(b)(2) and 12(b)(6) by 1DD56D6 (Attachments: # 1 Certificate of Service) (Clark-Weintraub, Deborah)
ORDER granting 82 Motion for Extension of Time to File - IT IS ORDERED that the fully-briefed Kalaui Motion shall be filed by 11/21/2018 and a courtesy copy of same shall be provided to chambers promptly thereafter. SO Ordered by Judge Sandra J. Feuerstein on 10/9/2018. (Tirado, Chelsea)
Joint MOTION for Extension of Time to File Stipulation and [Proposed] Order to Modify Schedule by 9609BC8, 91B9CD2, 778AE62. (Clark-Weintraub, Deborah)
Letter Enclosing Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6) by Kalani Investments Limited (Attachments: # 1 Affidavit of Service) (White, Peter)
NOTICE of Appearance by Noah Nehemiah Gillespie on behalf of 9E6DC88, Kalani Investments Limited, Murchinson Ltd. (aty to be noticed) (Gillespie, Noah)
Letter enclosing service of the Diana Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint by Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (David, Israel)
Letter Enclosing Motion to Dismiss Under Rules 12(b)(2) and 12(b)(6) by 9E6DC88, Murchinson Ltd. (Attachments: # 1 Certificate of Service) (White, Peter)
Electronic ORDER granting 71 Motion for Leave to File Excess Pages in support of, and in opposition to, the anticipated motion to dismiss. Ordered by Judge Sandra J. Feuerstein on 9/17/2018. (Disbrow, Sandra)
DECLARATION of Justin S. Nematzadeh in Support of Proof of Service of Summons and Amended Complaint on Defendant Kalani Investments Limited by 9609BC8, 91B9CD2, 778AE62 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Nematzadeh, Justin)
ORDER ORDER re 65 Amended Complaint, filed by 9609BC8, 91B9CD2, 778AE62: To the extent not already done so, Plaintiffs are to provide Chambers with a courtesy copy of their Amended Complaint. Ordered by Judge Sandra J. Feuerstein on 7/16/2018. c/ECF (Killigrew, Patricia)
ORDER granting 63 Motion for Extension of Time to Amend ; SCHEDULING ORDER: 1. Lead Plaintiffs' time to file an amended consolidated complaint shall be extended from June 29, 2018 to and including July 13, 2018. 2. Defendants' time to answer or otherwise respond shall be extended from August 29, 2018 to and including September 14, 2018; 3. The time to oppose Defendants' response(s), if any, shall be extended from October 9, 2018 to and including October 25, 2018. 4. The time to file replies, if any, shall be extended from October 29, 2018 to and including November 14, 2018.( Status Conference set for 1/15/2019 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein.) Ordered by Judge Sandra J. Feuerstein on 6/28/2018. (Bollbach, Jean)
REPLY in Support re 58 MOTION for Reconsideration re 57 Order on Motion to Appoint Counsel,,,,,,,,,,,,,,,,,,,,, Order on Motion to Consolidate Cases,,,,,,,,,,,,,, Initial Conference Hearing,,,,,,, Set Hearings,,,,,, filed by 0320CE1, 5666A58. (Rosenfeld, David)
MEMORANDUM in Opposition re 58 MOTION for Reconsideration re 57 Order on Motion to Appoint Counsel,,,,,,,,,,,,,,,,,,,,, Order on Motion to Consolidate Cases,,,,,,,,,,,,,, Initial Conference Hearing,,,,,,, Set Hearings,,,,,, filed by 9609BC8, 91B9CD2, 778AE62. (Lieberman, Jeremy)
MEMORANDUM in Support re 58 MOTION for Reconsideration re 57 Order on Motion to Appoint Counsel,,,,,,,,,,,,,,,,,,,,, Order on Motion to Consolidate Cases,,,,,,,,,,,,,, Initial Conference Hearing,,,,,,, Set Hearings,,,,,, filed by 0320CE1, 5666A58. (Attachments: # 1 Exhibit A: Transcript) (Rosenfeld, David)
MOTION for Reconsideration re 57 Order on Motion to Appoint Counsel,,,,,,,,,,,,,,,,,,,,, Order on Motion to Consolidate Cases,,,,,,,,,,,,,, Initial Conference Hearing,,,,,,, Set Hearings,,,,,, by 0320CE1, 5666A58. (Attachments: # 1 Proposed Order) (Rosenfeld, David)
Minute Order for proceedings held before Judge Sandra J. Feuerstein: Initial Conference Hearing held on 4/30/2018. Case called. Order entered on the record. For the reasons stated on the record, 31 the motion of movants 9609BC8, 91B9CD2, and 778AE62 (collectively. the "Diana Investor Group") for consolidation of the above captioned actions, appointment as Lead Plaintiff and approval of its selection of Scott+Scott, Attorneys at Law. LLP ("Scott+Scott") and Pomerantz LLP as Co-Lead Counsel is granted in its entirety; the cases 1DD56D6 v. Diana Containerships Inc., No. l7-cv-6160, 35654B5 v. Diana Containerships Inc., No. l 7-cv-6236, and AF6C1C7 v. Diana Containerships Inc., No. 17-cv-7329, are consolidated for all pur_poses, to proceed under docket number l7-cv-6160 ("the lead case"); the Diana Investor Group is appointed as Lead Plaintiff; the Diana Investor Group's selection of the law firms of Scott+Scott and Pomerantz LLP as Co-Lead Counsel for the putative class is approved; and all other pending motions are denied. The Clerk of the Court shall amend the caption of the lead case in accordance with this Minute Order and administratively close the actions under docket numbers l7-cv-6236 and l7-cv-7329. Plaintiff to file amended consolidated complaint by 6/29/2018. Defendant's answer to be filed and served by 8/29/2018. Plaintiff has until 10/9/2018 to serve opposition to any motion to dismiss. Reply and final submissions shall be filed by 10/29/2018. A status conference is scheduled before Judge Feuerstein on 1/15/2019 at 11: 15 am. (Court Reporter Perry Auerbach.) (Florio, Lisa)
ORDER granting 55 Motion to Adjourn Conference: The application is granted to the extent that plaintiff's counsel may appear by telephone for the conference on 4/30/2018 at 11:15 AM. Plaintiff's counsel shall file a letter providing the Court with a telephone number at which he may be contacted for the conference by no later than 5:00 PM on 4/27/2018. Ordered by Judge Sandra J. Feuerstein on 4/26/2018. c/ECF (Adell, April)
ORDER: The Initial Conference scheduled to be held before me on 6/20/2018 is advanced to 4/30/2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 4/23/2018. c/ECF (Adell, April)
ORDER: All plaintiffs that have filed motions to be appointed as lead plaintiff(s) are directed to provide this Court's chambers with courtesy copies of their respective motion papers on or before 4/18/2018. Ordered by Magistrate Judge Steven I. Locke on 4/11/2018. (Vissichelli, Eric)
Filed: 4/11/2018, Entered: 4/11/2018
ORDER granting 50 Motion to Adjourn Conference: The application is granted; the April 17, 2018 Initial Conference is adjourned to June 20, 2018 at 11:15 a.m. (Courtroom 1010 in the Central Islip Federal Courthouse). Note that the pending lead plaintiff applications were referred to Magistrate Judge Locke for decision. Ordered by Judge Sandra J. Feuerstein on 4/11/2018. c/ECF (Killigrew, Patricia)
ORDER granting DE 47 Motion for Extension of Time to Answer. On consent, the deadline for Defendants Diana Containerships Inc., Symeon P. Palios, 0D53A97, and Anastasios Margaronis to answer, move, or otherwise respond is extended as set forth in the attached Joint Stipulation Regarding Time to Answer or Otherwise Respond. So Ordered by Magistrate Judge Steven I. Locke on 2/5/2018. (Vissichelli, Eric)
MOTION for Extension of Time to File Answer re 1 Complaint,, by defendants Diana Containerships Inc., Symeon P. Palios, 0D53A97 and Anastasios Margaronis by 1DD56D6. (Rosenfeld, David)
Corporate Disclosure Statement by Diana Containerships Inc. identifying Other Affiliate Diana Shipping Inc. for Diana Containerships Inc.. (David, Israel)
NOTICE of Appearance by Israel David on behalf of Diana Containerships Inc., Anastasios Margaronis, 0D53A97, Symeon P. Palios (aty to be noticed) (David, Israel)
REPLY in Support re 31 MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel filed by 9609BC8, 91B9CD2, 778AE62. (Laughlin, Thomas)
REPLY in Support re 34 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by 0320CE1, 5666A58. (Rosenfeld, David)
NOTICE of Hearing: Initial Conference set for 4/17/2018 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendant and file proof of such service with the Court. c/ECF (Roman, Joshua)
Filed: 1/10/2018, Entered: 1/10/2018
ORDER REFERRING MOTION: 27 MOTION to Appoint Counsel and Appoint Lead Plaintiffs filed by C08F1F2, EAEC3EA, 34 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by 0320CE1, 5666A58, 21 MOTION to Appoint Counsel and Lead Plaintiff filed by 6127C7D, 29 MOTION to Appoint Counsel Motion to Consolidate Cases, Appoint F5ECE68 as Lead Plaintiff and Approve Her Selection of Counsel filed by F5ECE68, 31 MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel filed by 9609BC8, 91B9CD2, 778AE62. The above referenced motions are hereby referred to Magistrate Judge Locke for decision. See Martingano v. Am. Int'l Grp., Inc., No. 06 CV 1625, 2006 WL 1912724, at *1 (E.D.N.Y. July 11, 2006) (motions referred for decision). Ordered by Judge Sandra J. Feuerstein on 1/10/2018. Motions referred to Steven I. Locke. (Roman, Joshua)
Filed: 1/8/2018, Entered: 1/8/2018
ELECTRONIC ORDER OF RECUSAL. Judge Leonard D. Wexler hereby recuses himself from this matter. This case has been randomly reassigned to Judge Sandra J. Feuerstein for all further proceedings. Ordered by Judge Leonard D. Wexler on 1/8/2018. (Russo, Eric)
RESPONSE to Motion re 27 MOTION to Appoint Counsel and Appoint Lead Plaintiffs, 34 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel, 21 MOTION to Appoint Counsel and Lead Plaintiff, 31 MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel Notice of Non-Opposition to Competing Motion of John Novak and 0320CE1 to Consolidate Cases, Appoint Lead Plaintiff and Approve Selection of Robbins Geller Rudman & Dowd as Lead Counsel, and Opposition to All Other Competing Motions filed by F5ECE68. (Zweig, Jason)
MEMORANDUM in Support re 34 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel and in Opposition to the Competing Motions filed by 0320CE1, 5666A58. (Rosenfeld, David)
MEMORANDUM in Support re 31 MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel MEMORANDUM OF LAW IN FURTHER SUPPORT OF DIANA INVESTOR GROUPS MOTION FOR CONSOLIDATION OF THE ACTIONS, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF CO-LEAD COUNSEL, AND IN OPPOSITION TO COMPETING MOTIONS filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Declaration, # 2 Exhibit A - Joint Declaration) (Lieberman, Jeremy)
AFFIDAVIT/DECLARATION in Support re 34 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by 0320CE1, 5666A58. (Attachments: # 1 Exhibit A - first notice, # 2 Exhibit B - certifications, # 3 Exhibit C - loss charts, # 4 Exhibit D - joint declaration, # 5 Exhibit E - RGRD firm resume) (Rosenfeld, David)
MEMORANDUM in Support re 34 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by 0320CE1, 5666A58. (Rosenfeld, David)
MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel by 5666A58, 0320CE1. (Attachments: # 1 Proposed Order) (Rosenfeld, David)
AFFIDAVIT/DECLARATION in Support re 31 MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel filed by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Laughlin, Thomas)
MEMORANDUM in Support re 31 MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel filed by 9609BC8, 91B9CD2, 778AE62. (Laughlin, Thomas)
MOTION to Consolidate Cases , Appointment of Lead Plaintiffs, and Approval of Co-Lead Counsel by 9609BC8, 91B9CD2, 778AE62. (Attachments: # 1 Proposed Order) (Laughlin, Thomas)
AFFIDAVIT/DECLARATION in Support re 27 MOTION to Appoint Counsel and Appoint Lead Plaintiffs Declaration of Shannon L Hopkins filed by C08F1F2, EAEC3EA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Hopkins, Shannon)
MOTION to Appoint Counsel Motion to Consolidate Cases, Appoint F5ECE68 as Lead Plaintiff and Approve Her Selection of Counsel by F5ECE68. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Reed Kathrein, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order) (Zweig, Jason)
MEMORANDUM in Support re 25 MOTION to Appoint Counsel and Lead Plaintiffs filed by BD460C2, EB0ED1D. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Kim, Phillip)
AFFIDAVIT/DECLARATION in Support re 21 MOTION to Appoint Counsel and Lead Plaintiff filed by 6127C7D. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Klein, Michael)
Electronic ORDER granting DE 17 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 12/1/2017. (Vissichelli, Eric)
MOTION for Leave to Appear Pro Hac Vice for Peter H. White Filing fee $ 150, receipt number 0207-9977759. by 9E6DC88, Murchinson Ltd.. (Attachments: # 1 Affidavit of Peter H. White in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Virginia Certificate of Good Standing, # 3 Exhibit District of Columbia Certificate of Good Standing) (White, Peter)
ORDER granting DE 14 Motion for Extension of Time to Answer. The attached stipulation is So Ordered. Ordered by Magistrate Judge Steven I. Locke on 11/7/2017. (Vissichelli, Eric)
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna)
Case Assigned to Judge Leonard D. Wexler and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)
Filed: 10/24/2017, Entered: 10/24/2017
This attorney case opening filing has been checked for quality control. (Rodin, Deanna)
Filed: 10/24/2017, Entered: 10/24/2017
Proposed summonses in attachments #3 and #5 are rejected; the defendants listed in the section that reads "To: (Defendant's name and address)" do not match the defendants in the caption of the complaint; the Clerk's Office cannot issue the summonses. Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
Notice of Related Case to two previously-filed actions captioned Silverberg v. DryShips Inc., et al., No. 2:17-cv-04547 (LDW) (ARL) (E.D.N.Y.) and Brady v. Top Ships Inc., et al., No. 2:17-cv-04987 (JMA) (SIL) (E.D.N.Y.) (Rudman, Samuel)
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