STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO ALL DEFENDANTS: all claims, cross-claims and counter-claims asserted against any party in this action in their entirety with prejudice, with each party to bear its own costs. (Signed by Judge Paul A. Engelmayer on 8/7/2012) (cd) (Entered: 08/07/2012)
ORDER OF DISCONTINUANCE WITHOUT PREJUDICE: It is hereby ORDERED that 1. Each party's claims and all cross-claims and counterclaims, if any, asserted herein be dismissed without prejudice and without costs to party; provided, however, that within thirty (30) days of the date of this Order, counsel for plaintiff may apply by letter for restoration of the action to the active calendar of the court, in which event the entire action, including all parties' claims, cross-claims and counterclaims, if any, will be restored. Counsel may also seek from the Court permission to extend time to restore the action as further set forth in this order. The Clerk is directed to terminate this case. (Signed by Judge Paul A. Engelmayer on 4/13/2012) (lmb) Modified on 4/13/2012 (lmb). (Entered: 04/13/2012)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Michael J. Byrne dated 3/28/2012 re: BKSK requests that the Court reconsider its ruling to the extent of having a single trial in which a jury will determine the issues pertaining to Slutsky and this Court will determine all others. ENDORSEMENT: Request denied. The Court's previous ruling stands. So ordered. (Signed by Judge Paul A. Engelmayer on 4/2/2012) (rjm) (Entered: 04/02/2012)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from John M. Rondello, Jr. dated 3/22/12 re: Counsel for the defendant requests an extension to file reply papers. Due to a calendar error, the reply papers were not submitted on 3/21/12 when they were due by the Court and they would like to submit them electronically on 3/22/12. ENDORSEMENT: Granted, nunc pro tunc. So ordered. (Signed by Judge Paul A. Engelmayer on 3/29/2012) (mro) Modified on 3/30/2012 (mro). (Entered: 03/29/2012)
DECLARATION of John M. Rondello in Support re: 160 MOTION for Summary Judgment. Document filed by BKSK Architects, LLP. (Byrne, Michael) Modified on 3/22/2012 (db). (Entered: 03/22/2012)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Extension of Time to File Response/Reply as to 160 MOTION for Summary Judgment. Document filed by BKSK Architects, LLP.(Byrne, Michael) Modified on 3/22/2012 (db). (Entered: 03/22/2012)
REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment dismissing cross-claims.. Document filed by Stanuslav Slutsky, P.E.. (Schwartzberg, Martin) (Entered: 03/21/2012)
CERTIFICATE OF SERVICE of Defendant's Vanguard Construction & Development Co., Inc.'s Memorandum of Law in Opposition and Declaration of John B. Simoni in opposition to BKSK Architects, LLP's Motion and Slutsky Motion for Summary Judgment and Exhibits. Document filed by Vanguard Construction & Development Co., Inc.. (Simoni, John) (Entered: 03/14/2012)
MEMORANDUM OF LAW in Opposition re: 164 MOTION for Summary Judgment dismissing cross-claims., 160 MOTION for Summary Judgment. Defendant's Vanguard Construction & Development Co., Inc.'s Memorandum of Law in Opposition to BKSK Architects, LLP's and Stanislav Slutsky's Motions for Summary Judgment. Document filed by Vanguard Construction & Development Co., Inc.. (Simoni, John) (Entered: 03/14/2012)
AFFIDAVIT of Andrea L. Roschelle in Opposition re: 164 MOTION for Summary Judgment dismissing cross-claims., 160 MOTION for Summary Judgment.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Attachments: # 1 Exhibit Exhibit A)(Schieber, Evan) (Entered: 03/14/2012)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: 164 MOTION for Summary Judgment dismissing cross-claims., 160 MOTION for Summary Judgment. Response to Slutsky Rule 56.1 Statement. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) Modified on 3/15/2012 (db). (Entered: 03/14/2012)
MEMORANDUM OF LAW in Opposition re: 164 MOTION for Summary Judgment dismissing cross-claims., 160 MOTION for Summary Judgment.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 03/14/2012)
DECLARATION of Michael J. Byrne in Opposition re: 164 MOTION for Summary Judgment dismissing cross-claims.. Document filed by BKSK Architects, LLP. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B (Part 1), # 3 Exhibit Exhibit B (Part 2), # 4 Exhibit Exhibit C)(Byrne, Michael) (Entered: 03/14/2012)
ORDER: The Court has reviewed the letter briefs from the parties on the issue of whether non-Sponsor defendant Stanislav Slutsky, P.E. has waived his right to a jury trial. Those letters are attached to this Order. The Court's conclusion, substantially for the reasons set forth in the February 9, 2012 letters submitted on behalf of Slutsky and plaintiff Waverly Properties, LLC is that Slutsky has not waived his right to a jury trial. Accordingly, the Court's intention-subject to the resolution of the summary judgment motions relating to the non-Sponsor defendants, which are currently in the process of being briefed-is to hold a bench trial in this case, involving all parties except Slutsky. Following that trial, in the event that there is occasion for and interest in a trial on the claims to which Slutsky is a party, a jury trial involving those claims will be held. Although this two-trial procedure is not as efficient as a bench trial involving all parties, it is necessary to vindicate Slutsky's right to a jury trial. (Signed by Judge Paul A. Engelmayer on 3/7/2012) (mro) Modified on 3/8/2012 (mro). (Entered: 03/07/2012)
MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment dismissing cross-claims.. Document filed by Stanuslav Slutsky, P.E.. (Schwartzberg, Martin) (Entered: 02/29/2012)
MOTION for Summary Judgment dismissing cross-claims. Document filed by Stanuslav Slutsky, P.E.. Responses due by 3/14/2012(Schwartzberg, Martin) (Entered: 02/29/2012)
SCHEDULING ORDER: A settlement conference in this matter has been scheduled for February 17, 2012, at 2:00 p.m., in Courtroom 20A, 500 Pearl Street, New York, New York 10007. James H. Clark and the principals of the other parties must attend. I am familiar with the case, but wish to receive updated ex parte submissions at least three days before the conference. Any requests foran adjournment must be made in writing at least 48 hours prior to the conference. Settlement Conference set for 2/17/2012 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.(Signed by Magistrate Judge Frank Maas on 1/27/2012) Copies Sent By Chambers. (djc) (Entered: 01/27/2012)
ORDER: Ready for Trial by 5/14/2012. Joint Pretrial Order due by 4/16/2012. Final Pretrial Conference set for 4/23/2012 at 10:00 AM before Judge Paul A. Engelmayer. Motions due by 2/29/2012. Responses due by 3/14/2012 Replies due by 3/21/2012. (Signed by Judge Paul A. Engelmayer on 1/26/2012) (ft) (Entered: 01/26/2012)
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 Frank Maas. The Court recommends that the Magistrate Judge arrange to meet initially with Counsel for Waverly Properties, LLC and KMG Waverly, LLC and that such a meeting be scheduled as soon as possible. The Court has set a firm deadline for pretrial submissions of 4/16/2012, and has put this case on its 5/14/2012 Trial Ready Calendar. (Signed by Judge Paul A. Engelmayer on 1/26/2012) (ft) (Entered: 01/26/2012)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from John B. Simoni, Jr. dated 1/23/2012 re: Please allow this letter to serve as formal notice, pursuant to paragraph 14 of the January 2011 Stipulation and Order of Dismissal of Cross Claims, that Vanguard elects to restore its cross-claims as asserted in its Answer filed in June 2009. ENDORSEMENT: The Clerk of the Court is directed to docket this letter. Additionally, the docket for this matter should reflect the restoration of the cross-claims noted herein. (Signed by Judge Paul A. Engelmayer on 1/24/2012) (rdz) (Entered: 01/24/2012)
ORDER: There is a pretrial conference scheduled in this matter for January 26,2012, at 10:00 a.m. in Courtroom 6A. At the conference, the parties should be prepared to discuss the potential motions for summary judgment, as well as the recent restoration of various cross-claims. The final pretrial conference in this case remains on the calendar for April 2, 2012, at 3:30 p.m. (Signed by Judge Paul A. Engelmayer on 1/23/2012) (rdz) (Entered: 01/24/2012)
ORDER: Accordingly, IT IS HEREBY ORDERED that the joint pretrial order in this case shall be due March 20, 2012. The final pretrial conference in this case is adjourned to April 2, 2012, at 3:30 p.m. ( Pretrial Order due by 3/20/2012., Final Pretrial Conference set for 4/2/2012 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/19/2012) (mro) (Entered: 01/19/2012)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Andrea Roschelle dated 1/18/12 re: Counsel for the defendants writes to advise the Court that certain cross-claims have been restored: The Second Cross-Claim for indemnification asserted in the Answer with Counterclaim and Cross-claims by KMG Waverly LLC, Burt Miller, Eric Granowsky and Stan Kleger, dated July 6, 2009; and The Second Cross-Claim for indemnification asserted in the Answer with Counterclaim and Cross-claims by Marathon Waverly, LLC and Ron Bernstein, dated July 30, 2009. ENDORSEMENT: The Clerk of the Court is directed to docket this letter. Additionally, the docket for this matter should reflect the restoration of the cross-claims noted herein. (Signed by Judge Paul A. Engelmayer on 1/19/2012) (mro) (Entered: 01/19/2012)
ORDER denying 148 Motion for Reargument; denying 148 Motion for Reconsideration. The Clerk is directed to close docket number 148. A pretrial conference in this matter will be held on January 26, 2012, at 10:00 a.m. The parties are directed, by January 20, 2012, to submit a complete joint pretrial order to the Court, in conformity with the Court's Individual Rules. The Court anticipates that trial in this case will be held in March or April 2012, and expects, at the pretrial conference, to set a trial date. (Signed by Judge Paul A. Engelmayer on 12/19/2011) (cd) (Entered: 12/19/2011)
MEMORANDUM OF LAW in Opposition re: 148 MOTION for Reargument. MOTION for Reconsideration.. Document filed by Waverly Properties, LLC. (Attachments: # 1 Certificate of Service)(Sullivan, Peter) (Entered: 10/21/2011)
MEMORANDUM OF LAW in Support re: 148 MOTION for Reargument. MOTION for Reconsideration.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 10/11/2011)
AFFIDAVIT of Andrea L. Roschelle in Support re: 148 MOTION for Reargument. MOTION for Reconsideration.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 10/11/2011)
MOTION for Reargument., MOTION for Reconsideration.( Return Date set for 10/24/2011 at 09:30 AM.) Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual).(Schieber, Evan) (Entered: 10/11/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Andrea L. Roschelle Exhibits in Support re: 145 MOTION for Reconsideration. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) Modified on 10/11/2011 (db). (Entered: 10/10/2011)
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Andrea L. Roschelle in Support re: 145 MOTION for Reconsideration.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) Modified on 10/13/2011 (gp). (Entered: 10/10/2011)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). Return Date set for 10/24/2011 at 09:30 AM.(Schieber, Evan) Modified on 10/13/2011 (gp). (Entered: 10/10/2011)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 149) - AFFIDAVIT of Andrea L. Roschelle in Support re: 143 MOTION for Reconsideration.. Document filed by KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) Modified on 10/13/2011 (gp). (Entered: 10/10/2011)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). Return Date set for 10/24/2011 at 09:30 AM.(Schieber, Evan) Modified on 10/13/2011 (gp). (Entered: 10/10/2011)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration. Document filed by Stribling Marketing Associates LLC. Return Date set for 10/24/2011 at 09:30 AM.(Schieber, Evan) Modified on 10/13/2011 (gp). (Entered: 10/10/2011)
DECISION AND ORDER for 132 Report and Recommendations and 116 Motion for Summary Judgment. The Report and Recommendation of Magistrate Judge Frank Maas dated August 15, 2011 (Docket No. 132) is adopted and incorporated in its entirety as the Court's ruling on the motion for summary judgment (Docket No.116) filed by defendants (the "Defendants") in this action, and the objections (Docket No. 139) of Defendants are DENIED. That substantially for the reasons set forth in the Report the motion of Defendants herein is DENIED with regard to the first eight causes of action set forth in the complaint of plaintiff Waverly Properties, LLC herein and GRANTED with regard to the ninth cause of action. The parties are directed to appear at the final pretrial conference on this matter on October 7, 2011 at 9:15 a.m. (Signed by Judge Victor Marrero on 9/27/2011) (cd) (Entered: 09/27/2011)
OBJECTION to 132 Report and Recommendations as per Hon. Maas Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 09/22/2011)
FILING ERROR - DEFICIENT DOCKET ENTRY - OBJECTION to 132 Report and Recommendations of Mag. Maas. Document filed by Ron Bernstein(an individual). (Schieber, Evan) Modified on 9/23/2011 (ka). (Entered: 09/22/2011)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED MOTION for Reconsideration Waverly Properties LLC., FINAL MOTION for Report and Recommendations.( Return Date set for 9/21/2011 at 09:00 PM.) Document filed by Waverly Properties, LLC.(Schieber, Evan) Modified on 9/22/2011 (db). (Entered: 09/21/2011)
ENDORSED LETTER addressed to Judge Victor Marrero from Andrea Roschelle dated 8/25/2011 re: Counsel for the defendants request an extension of time for sponsor defendants to file objections to the Report and Recommendation. ENDORSEMENT: Request GRANTED in part. The time for defendants to file objections to the Report and Recommendations of Magistrate Judge Maas herein is extended to 9-21-11. (Objections to R&R due by 9/21/2011) (Signed by Judge Victor Marrero on 8/29/2011) (ft) (Entered: 08/29/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). Return Date set for 10/17/2011 at 05:00 PM.(Schieber, Evan) Modified on 8/26/2011 (db). (Entered: 08/25/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time. Document filed by KMG Waverly, LLC. Return Date set for 10/16/2011 at 05:00 PM.(Schieber, Evan) Modified on 8/26/2011 (db). (Entered: 08/25/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time. Document filed by BKSK Architects, LLP, Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual), Robert Silman Associates, P.C., Stanuslav Slutsky, P.E., Stribling Marketing Associates LLC, Vanguard Construction & Development Co., Inc., Waverly Properties, LLC. Return Date set for 10/16/2013 at 05:00 PM.(Schieber, Evan) Modified on 8/26/2011 (db). (Entered: 08/25/2011)
REPORT AND RECOMMENDATIONS TO THE HONORABLE VICTOR MARRERO re: 116 MOTION for Summary Judgment filed by Stan Kleger, Marathon Waverly, LLC, Burt Miller, Eric Granowsky, Ron Bernstein, KMG Waverly, LLC. For the foregoing reasons, the Defendants motion for summary judgment, (No. 116), should be granted with respect to Waverlys ninth cause of action, alleging a violation of Section 349, and denied with respect to Waverlys remaining eight claims. Objections to R&R due by 9/1/2011 (Signed by Magistrate Judge Frank Maas on 8/15/2011) Copies Mailed By Chambers. (ft) (Entered: 08/15/2011)
REPLY MEMORANDUM OF LAW in Support re: 116 MOTION for Summary Judgment.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 05/20/2011)
EXHIBIT 71-122 (To the Declaration of Peter A. Sullivan in Support of Plaintiff Waverly Properties, LLC's Opposition to Sponsor Defendant's Motion for Summary Judgment. (As per Order of the Judge). Document filed by Waverly Properties, LLC.(mbe) (Entered: 04/12/2011)
EXHIBIT 31-70 (To the Declaration of Peter A. Sullivan in Support of Plaintiff Waverly Properties, LLC's Opposition to Sponsor Defendant's Motion for Summary Judgment. (As per Order of the Judge).. Document filed by Waverly Properties, LLC.(mbe) (Entered: 04/12/2011)
EXHIBITS 1-30 (To the Declaration of Peter A. Sullivan in Support of Plaintiff Waverly Properties, LLC's Opposition to Sponsor Defendant's Motion for Summary Judgment. (As per Order of the Judge). Document filed by Waverly Properties, LLC. (mbe) (Entered: 04/12/2011)
DECLARATION of Peter A. Sullivan in Opposition re: 116 MOTION for Summary Judgment.. Document filed by Waverly Properties, LLC. (Attachments: # 1 Certificate of Service)(Sullivan, Peter) (Entered: 04/11/2011)
MEMORANDUM OF LAW in Opposition re: 116 MOTION for Summary Judgment.. Document filed by Waverly Properties, LLC. (Attachments: # 1 Certificate of Service)(Sullivan, Peter) (Entered: 04/11/2011)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven S. DiCesare dated 4/6/2011 re: Counsel requests permission to file hard copy exhibits to the Declaration of Peter A. Sullivan in Support of Plaintiff's Opposition to Sponsor Defendants" Motion for Summary Judgment. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Frank Maas on 4/6/2011) (tro) (Entered: 04/06/2011)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven S. DiCesare, dated 3/3/2011, re: This firm is counsel for plaintiff Waverly Properties, LLC ("Waverly") in the above-captioned matter. Defendants KMG Waverly. LLC, Bun Miller, Eric Granowsky, Stan Kleger, Marathon Waverly, LLC and Ron Bernstein ("Sponsor Defendants") moved for summary judgment on February 18, 2010. Due to complications uploading documents to ECF and other issues, Sponsor Defendants were not able to fully serve and file all pleadings until several days later. As a result, we write to ask the Court for an adjournment for the submission of Waverly's opposition to Sponsor Defendants' motion for summary judgment. Sponsor Defendants have consented to this request. In return, Waverly has agreed to give Sponsor Defendants an adjournment to avoid the Passover holiday affecting their reply time. The new jointly proposed schedule is: Waverly opposition to motion for summary judgment due: April 11, 2011; Sponsor Defendants' reply due: May 20, 2011; Oral argument, if any: at the Court's convenience. ENDORSEMENT: Approved. Set Deadlines as to 116 MOTION for Summary Judgment: Responses due by 4/11/2011. Replies due by 5/20/2011. (Signed by Magistrate Judge Frank Maas on 3/3/2011) (lnl) (Entered: 03/04/2011)
MEMORANDUM OF LAW in Support re: 116 MOTION for Summary Judgment.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 02/22/2011)
AFFIDAVIT of Varselona in Support re: 116 MOTION for Summary Judgment.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 02/18/2011)
AFFIDAVIT of Peter Varsalona in Support re: 116 MOTION for Summary Judgment.. Document filed by Ron Bernstein(an individual), Eric Granowsky(an individual), KMG Waverly, LLC, Stan Kleger(an individual), Marathon Waverly, LLC, Burt Miller(an individual). (Schieber, Evan) (Entered: 02/18/2011)
ENDORSED LETTER addressed to Judge Victor Marrero from Andrea Roschelle dated 1/28/11 re: Request for the following briefing schedule for defendants' summary judgment motion. ENDORSEMENT: Application granted. (Motion due by 2/18/2011. Response due by 3/18/2011. ReplY due by 4/1/2011.) (Signed by Magistrate Judge Frank Maas on 1/28/11) (cd) (Entered: 01/31/2011)
STIPULATION AND ORDER OF DISMISSAL OF CROSS-CLAIMS. Pursuant to F.R.C.P. 41(a)(1)(A)(ii) and (c), the cross-claims of defendants KMG Waverly, LLC, Burt Miller, Eric Granowsky, Stan Kleger, Marathon Waverly LLC, Ron Bernstein Vanguard Construction & Development Co., Inc, BKSK Architects, LLP and Stanislav Slutsky, P.E. are hereby resolved as set forth herein. All defendants agree that the cross-claims herein dismissed without prejudice are deemed to be restored upon e-mail or written notification with a minimum of 45 days notice. If these notification requirements are complied with, no motion or any other action is required to restore any cross-claim which has been dismissed without prejudice. (Signed by Judge Victor Marrero on 1/21/11) (djc) Modified on 1/26/2011 (djc). (Entered: 01/24/2011)
ENDORSED LETTER addressed to Judge Victor Marrero from Andrea Roschelle dated 1/28/2010 re: we propose the following schedule for the submission of Sponsor Defendants' motion for summary judgment. ENDORSEMENT: Request Granted. The briefing schedule with regard to the motions for summary judgment herein is extended as set forth herein: motion papers submitted by 2/2/2011; response 2/23/2011; reply 3/1/2011. ( Motions due by 2/2/2011. Responses due by 2/23/2011. Replies due by 3/1/2011.) (Signed by Judge Victor Marrero on 1/18/2011) (jar) (Entered: 01/18/2011)
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). Referred to Magistrate Judge Frank Maas. (Signed by Judge Victor Marrero on 1/18/11) (laq) (Entered: 01/18/2011)
STIPULATION AND ORDER OF DlSMISSAL WITH PREJUDICE AS TO DEFENDANTS VANGUARD CONSTRUCTION & DEVELOPMENT CO., INC.; STANISLAV SLUTSKY, P.E.; AND BKSK ARCHITECTS, LLP, ONLY: that pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(ii), all claims of plaintiff Waverly Properties, LLC against defendants Vanguard Construction & Development Co., Inc. ("Vanguard"), Stanislav Slutsky, P.E., ("Slutsky") and BKSK Architects, LLP. ("BKSK") be dismissed in their entirety with prejudice. Plaintiff's claims against defendants KMG Waverly, LLC, Burt Miller, Eric Granowsky, Stan Kleger, Ron Bernstein and Marathon Waverly (The "Sponsor Defendants") remain pending and active before this Court. This stipulation of dismissal is without prejudice to the Sponsor Defendants' ability to pursue any existing and/or hereafter permitted cross-claims against Vanguard, Slutsky and BKSK, of which the existing cross-claims remain pending and active before this court and as to which Sponsor Defendants reserve all rights and remedies. BKSK Architects, LLP, Stanuslav Slutsky, P.E., Vanguard Construction & Development Co., Inc. terminated. (Signed by Judge Victor Marrero on 12/14/2010) (lnl) (Entered: 12/15/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Andrea Roschelle dated 11/30/10 re: Request for a two week extension until 12/21/10 to submit a request to Judge Marrero seeking a premotion conference. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Frank Maas on 11/30/10) (cd) (Entered: 12/01/2010)
ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that: 1. By November 24, 2010, defendants intending to make dispositive motions based in part on the recent decision in Sykes v. RFD Third Avenue 1 Associates, LLC, No. 155,2010 WL 4065468 (N.Y. Oct. 19,2010), shall advise plaintiff by letter of their positions regarding that case. 2. By December 1, 2010, plaintiff shall respond to defendants' November 24, 2010 letters. 2. By December 7, 2010, any party seeking a premotion conference shall submit a letter to Judge Marrero. (Signed by Magistrate Judge Frank Maas on 11/19/2010) Copies Sent By Chambers. (lnl) (Entered: 11/19/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Martin A. Schwartzberg dated 9/29/10 re: Counsel respectfully requests a further extension to complete expert disclosure in this matter due to a trial in an unrelated matter that he is scheduled to commence on October 12, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Expert discovery is to be completed by 11/15; The telephone conf. is adjourned to 11/17 at 9:15 a.m. ( Discovery due by 11/15/2010, Telephone Conference set for 11/17/2010 at 09:15 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/30/10) (djc) Modified on 10/1/2010 (djc). (Entered: 09/30/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven S. DiCesare dated 9/13/10 re: Counsel requests that the teleconference be rescheduled to a later date. ENDORSEMENT: Adjourned to 10/26 at 10 a.m. If this date is not feasible, counsel are directed to provide my Chambers by 9/21 with 3 dates and times during the week of 10/25 that the conference can be held. (Telephone Conference set for 10/26/2010 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/13/10) (djc) Modified on 9/17/2010 (djc). (Entered: 09/14/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven DiCesare dated 9/3/10 re: Request to extend the expert discovery deadline to 10/22/10 and that the teleconference set for 9/14 be rescheduled. ENDORSEMENT: Application granted. The telephone conf is adjourned to 10/20 at 10 am. ( Discovery due by 10/22/2010. Telephone Conference reset for 10/20/2010 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/3/10) (cd) (Entered: 09/08/2010)
STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANT ROBERT SILMAN ASSOCIATES, P.C. IT IS HEREBY STIPULATED by and between the undersigned attorneys for all parties that Plaintiff's claims against defendant Robert Silman Associates, P.C. ("Silman"), as well as all cross-claims against Silman, are forever waived and dismissed with prejudice, with each party to bear its own costs, and as further set forth. (Signed by Judge Victor Marrero on 9/6/10) (rjm) (Entered: 09/07/2010)
ENDORSED LETTER addressed to Judge Victor Marrero from John B. Simoni, Jr. dated 8/18/2010 re: This office is counsel to Defendant Vanguard Construction & Development Co., Inc. ("Vanguard") in the above matter which is a claim concerning alleged defects at three condominium units at 147 Waverly Place, New York, New York. We are in receipt of the attached August 17, 2010 letter request for dismissal of co-defendant Sillman Associates, P.C., who was the structural engineer, and the August 17, 2010 letter by Hughes Hubbard addressed to all counsel. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Frank Maas, to whom the dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary and settlement. SO ORDERED. (Signed by Judge Victor Marrero on 8/19/2010) (jmi) (Entered: 08/19/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven S. DiCesare dated 7/30/2010 re: We are therefore requesting a two-week extension to the expert discovery deadline to September 10, 2010. All of the defendants consent to this request. We would also request that the teleconference currently scheduled for August 31 at l0AM before Your Honor be likewise rescheduled to a convenient date and time. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. and conference adjourned to 9/14 at 10am. ( Discovery due by 9/10/2010, Telephone Conference set for 9/14/2010 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 7/30/2010) (jmi) (Entered: 08/02/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven S. DiCesare dated 7/13/2010 re: Requesting that the telephone conference currently scheduled for August 6, 2010, until August 27, 2010. ENDORSEMENT: The conference is adjourned to 8/31 at 10 a.m. (Signed by Magistrate Judge Frank Maas on 7/13/2010) (jpo) (Entered: 07/15/2010)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Andrea Roschelle dated 7/6/10 re: Counsel for defendants write to ask the Court for a three (3) week extension until August 27, 2010 to conclude expert disclosure. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 7/12/10) (pl) (Entered: 07/12/2010)
ORDER granting 84 Motion to Amend/Correct; granting 88 Motion to Amend/Correct; By June 18, 2010, the plaintiff shall serve its expert reports, including all the materials required by Fed.R.Civ.P. 26(a)(2). Defendants shall serve their rebuttal expert reports, including the materials required by Fed.R.Civ.P. 26(a)(2), by July 23, 2010; All expert discovery shall be completed by August 6, 2010; a Telephone conference shall be held on August 6, 2010, at 10 a.m. by calling Chambers at (212) 80-5-6727. The parties shall comply with the discovery rulings made at Wednesday's conference. (Signed by Magistrate Judge Frank Maas on 5/28/10); Copies forwarded by Chambers; (djc) Modified on 5/28/2010 (djc). (Entered: 05/28/2010)
ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Steven S. DiCesare dated 4/7/2010 re: Counsel for plaintiff Waverly Properties LLC respectfully request a thirty day extension for fact discovery, and an adjournment of the conference.. ENDORSEMENT: Approved. The conference is adjourned to 5/26/2010 at 3:00 p.m. So Ordered. (Signed by Magistrate Judge Frank Maas on 4/8/2010) (js) (Entered: 04/09/2010)
ORDER that:All fact discovery shall be completed by May 3, 2010. Each side shall be limited to a maximum often depositions, and no depositions may be taken before March 1,2010. A further conference shall be held on April 14, 2010, at 2:00 p.m. in Courtroom 20A. SO ORDERED ( Deposition due by 3/1/2010, Discovery due by 5/3/2010, Status Conference set for 4/14/2010 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/29/2010) All Counsel ECF.(jmi) (Entered: 02/01/2010)
ORDER: A Settlement Conference is set for 1/28/2010 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas. (Signed by Magistrate Judge Frank Maas on 11/19/09) Copies Mailed by Chambers.(db) Modified on 12/8/2009 (db). (Entered: 11/19/2009)
AFFIDAVIT OF SERVICE of Subpoena to Produce Documents served on Delta Testing Labs Inc. on 10/30/09. Service was accepted by Jean Smith. Document filed by Vanguard Construction & Development Co., Inc.. (Simoni, John) (Entered: 11/09/2009)
AFFIDAVIT OF SERVICE of Subpeona to Produce Documents served on William Vitacco Associated Ltd. on 10/22/09. Service was accepted by J. Alvarez. Document filed by Vanguard Construction & Development Co., Inc.. (Simoni, John) (Entered: 11/09/2009)
AFFIDAVIT OF SERVICE of Subpoena to Produce Documents served on Ghent Realty Services on 10/23/09. Service was accepted by Robert A. Siegel. Document filed by Vanguard Construction & Development Co., Inc.. (Simoni, John) (Entered: 11/09/2009)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct 85 FIRST MOTION to Amend/Correct 84 MOTION to Amend/Correct Answer. Declaration in Support. FIRST MOTION to Amend/Correct 84 MOTION to Amend/Correct Answer. Declaration in Support. 84 MOTION to Amend/Correct Answer. Memorandum of Law. Document filed by BKSK Architects, LLP.(Byrne, Michael) Modified on 10/30/2009 (db). (Entered: 10/29/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Steven DiCesare dated 10/9/09 re: Request for an adjournment of the 11/13/09 case management conference until after the conclusion of the 11/19 discovery conference before Magistrate Judge Maas. ENDORSEMENT: Request GRANTED. The next status conference with the Court in this matter be adjourned until after the completion of pretrial proceedings under the supervision of Magistrate Judge Maas. (Signed by Judge Victor Marrero on 10/13/09) (cd) (Entered: 10/13/2009)
ORDER: The deadline for production of all documents shall be extended to November 6,2009. Plaintiff shall send a copy of its inspection report to the Court. By November 12, 2009, counsel shall submit letters to the Court outlining any unresolved discovery issues. By November 17,2009, counsel shall submit any responses to the letters. A further discovery conference shall be held on November 19, 2009, at 10:00 a.m. in Courtroom 20A. At the conference, defense counsel should be prepared to identify the expert(s) who will inspect the premises and to coordinate a date and time for said inspection. (Signed by Magistrate Judge Frank Maas on 10/8/2009) Copies Mailed By Chambers.(jpo) (Entered: 10/08/2009)
ENDORSED LETTER: addressed to Judge Victor Marrero from Michael J. Byrne dated 10/1/09 re: Counsel for defendant requests a pre-motion conference in the above referenced matter. ENDORSEMENT: Request GRANTED. Defendant BKSK Architects is authorized to move for leave to file cross-claims herein. No conference will be necessary for this purpose. Counsel seeks leave of Court to serve an Amended Answer with cross-claims against all defendants So Ordered. (Signed by Judge Victor Marrero on 10/8/09) (js) Modified on 10/20/2009 (js). (Entered: 10/08/2009)
ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against all defendants. Document filed by Stanuslav Slutsky, P.E..(Schwartzberg, Martin) (Entered: 10/05/2009)
ORDER: The motion (Docket No. 44) of defendant Stanislav Slutsky, P.E. to dismiss the complaint is DENIED without prejudice; The motion (Docket No. 48) of defendant Robert Silman Associates, P.C. for summary judgment is DENIEDwithout prejudice; The requests for permission from the remaining defendants to file motions for summary judgment are DENIED without prejudice. ORDER denying 44 Motion to Dismiss; denying 48 Motion for Summary Judgment. (Signed by Judge Victor Marrero on 9/30/09) (db) (Entered: 09/30/2009)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Andrea Roschelle dated 9/17/2009 re: Requesting an adjournment of the conference currently scheduled for September 18, 2009 to October 7, 2009 at 4:00 pm. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge Frank Maas on 9/17/2009) (jpo) (Entered: 09/18/2009)
NOTICE AND ORDER FOR THE SUBSTITUTION OF COUNSEL: that Starr Associates. LLP, be substituted as attorneys of record for Defendants KMG WAVERLY, LLC; BURT MILLER, an individual; ERIC GRANOWSKY, an individual; and STAN KLEGER an individual, in the above-entitled action, herein, in place of Segal McCambridge Singer & Mahoney, Ltd. Attached hereto is a declaration in support of an Order for the Substitution of Counsel pursuant to Local 1.4. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 8/13/2009) (tve) (Entered: 08/13/2009)
SCHEDULING ORDER: that a conference in the above referenced matter has been scheduled for September 18, 2009, at 11 :30 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York 10007. Requests for Adjournment must be made in writing, at least 48 hours prior to the conference. (Signed by Magistrate Judge Frank Maas on 8/4/09) Copies Mailed and ECF By Chambers.(pl) Modified on 8/6/2009 (pl). (Entered: 08/05/2009)
ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Christian H. Gannon dated 7/30/09 re: counsel for defendants respectfully request an opportunity to address the jury trial issue upon receipt of plaintiffs brief. ENDORSEMENT: Def't shall respond within 10 days of receipt of plaintiff's brief. (Signed by Magistrate Judge Frank Maas on 7/30/09) (pl) Modified on 5/7/2010 (pl). (Entered: 07/31/2009)
DECLARATION of Martin A. Schwartzberg in Support re: 44 MOTION to Dismiss Complaint.. Document filed by Stanuslav Slutsky, P.E.. (Attachments: # 1 Exhibit A - notation re: complete copy of exhibit already on file, # 2 Exhibit B - Offering Plan excerpts)(Schwartzberg, Martin) (Entered: 07/28/2009)
MEMORANDUM OF LAW in Support re: 48 MOTION for Summary Judgment.. Document filed by Robert Silman Associates, P.C.. (Schain, Jennifer) (Entered: 07/24/2009)
MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss Complaint.. Document filed by Stanuslav Slutsky, P.E.. (Schwartzberg, Martin) (Entered: 07/24/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Ex. B to Schwartzberg Dec. in Support re: 44 MOTION to Dismiss Complaint. Document filed by Stanuslav Slutsky, P.E. (Schwartzberg, Martin) Modified on 7/27/2009 (db). (Entered: 07/24/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Ex. C to Schwartzberg Dec. Ex. A in Support re: 44 MOTION to Dismiss Complaint. Document filed by Stanuslav Slutsky, P.E. (Schwartzberg, Martin) Modified on 7/27/2009 (db). (Entered: 07/24/2009)
AFFIDAVIT of Nat Oppenheimer in Support re: 48 MOTION for Summary Judgment.. Document filed by Robert Silman Associates, P.C.. (Attachments: # 1 Exhibit A)(Schain, Jennifer) (Entered: 07/24/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Ex. B to Schwartzberg Dec. Ex. A in Support re: 44 MOTION to Dismiss Complaint. Document filed by Stanuslav Slutsky, P.E. (Schwartzberg, Martin) Modified on 7/27/2009 (db). (Entered: 07/24/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Ex. A to Schwartzberg Dec. Ex. A in Support re: 44 MOTION to Dismiss Complaint. Document filed by Stanuslav Slutsky, P.E. (Schwartzberg, Martin) Modified on 7/27/2009 (db). (Entered: 07/24/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT -DECLARATION of Ex. A to Schwartzberg Dec. in Support re: 44 MOTION to Dismiss Complaint. Document filed by Stanuslav Slutsky, P.E. (Schwartzberg, Martin) Modified on 7/27/2009 (db). (Entered: 07/24/2009)
DECLARATION of Martin A. Schwartzberg, Esq. in Support re: 44 MOTION to Dismiss Complaint.. Document filed by Stanuslav Slutsky, P.E.. (Schwartzberg, Martin) (Entered: 07/24/2009)
ANSWER to Complaint., CROSSCLAIM against Stanuslav Slutsky, P.E., Robert Silman Associates, P.C., Vanguard Construction & Development Co., Inc., BKSK Architects, LLP., COUNTERCLAIM against Waverly Properties, LLC. Document filed by KMG Waverly, LLC, Burt Miller, Eric Granowsky, Stan Kleger.(Lee, Simon) (Entered: 07/22/2009)
ANSWER to Complaint., ANSWER to Crossclaim., ANSWER to Crossclaim., CROSSCLAIM against Vanguard Construction & Development Co., Inc.. Document filed by Stribling Marketing Associates LLC.(Mahon, Susan) (Entered: 07/21/2009)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Victor Marrero on 7/10/2009) (jfe) (Entered: 07/13/2009)
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of additional parties to be accomplished by September 10, 2009. Amended pleadings may be filed without leave of the Court until September 10, 2009. Initial disclosure pursuant to Fed. R. Civ. P. 26(a)(l) to be completed by July 24, 2009. All fact discovery is to be completed by November 9, 2009. Initial requests for production of documents to be served by August 10, 2009. Interrogatories to be served by all parties by September 14, 2009. Depositions to be completed by November 6, 2009. Requests to Admit to be served no later than October 1, 2009. Plaintiff expert reports are due no later than December 10, 2009. Plaintiff expert depositions are to be completed no later than February 20, 2010. All other plaintiff expert discovery is to be completed by February 20, 2010. Defense expert reports are due no later than February 1, 2010. Defense expert depositions are to be completed no later than March 11, 2010. All other defense expert discovery is to be completed by March 11, 2010. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than March 17, 2010. The parties do not consent to trial by a Magistrate Judge. The next Case Management Conference is scheduled for 11/13/09 at 4:30 p.m. (Signed by Judge Victor Marrero on 7/10/2009) (jfe) (Entered: 07/13/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Andrea Roschelle dated 7/2/2009 re: Counsel request for an extension of time to answer or move with respect to the complaint filed in this matter. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 7/17/09. So Ordered. (Signed by Judge Victor Marrero on 7/2/2009) (jfe) (Entered: 07/02/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Martin A. Schwartzberg dated 6/30/2009 re: Requesting that the Court adjourn the Rule 16 conference scheduled for July 10, 2009. ENDORSEMENT: Request DENIED. At the 7/10/2009 conference the parties may address the grounds for defendant Slutsky's contemplated motion and the extent to which any valid issue may be resolved by means other than motion practice at this stage. (Signed by Judge Victor Marrero on 6/30/2009) (jpo) (Entered: 06/30/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from John M. Rondello, Jr dated 6/18/09 re: counsel for dft. BKSK Architects, LLP. request that the Court so order the Stipulation which we have now e-mailed to the Orders and Judgments Clerk and allow us to file the answer on behalf of BKSK Architects, LLP. ENDORSEMENT: Request granted. The time for defendant to answer or otherwise move with respect to the complaint in this action is extended to 6/19/09 for defendant BKSK Architects, LLP. (Signed by Judge Victor Marrero on 6/18/09) (pl) Modified on 5/7/2010 (pl). (Entered: 06/19/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Martin A Schwartzbers dated 6/17/09 re: counsel for dft. Stanislay Slutsky, P.E. respectfully request a further extension of time for Slutsky to answer or move against the plaintiff Waverly Properties, LLC's ("Waverly"') Complaint. ENDORSEMENT: Request GRANTED. The time for defendant to answer or otherwise move with respect to the complaint in this action is extended to 7/9/09, for defendant Stanislay Slutsky, P.E (Signed by Judge Victor Marrero on 6/18/09) (pl) Modified on 5/7/2010 (pl). (Entered: 06/19/2009)
NOTICE FOR INITIAL CONFERENCE: Initial Conference set for Friday, 7/10/2009 at 02:15 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 6/17/2009) (jfe) (Entered: 06/17/2009)
ANSWER to Complaint., CROSSCLAIM against all defendants. Document filed by Vanguard Construction & Development Co., Inc..(Simoni, John) (Entered: 06/16/2009)
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vanguard Construction & Development Co., Inc..(Simoni, John) (Entered: 06/16/2009)
STIPULATION OF ADJOURNMENT: The time within which defendants may answer, move or otherwise respond to the complaint in this action, is extended to July 6, 2009. (Signed by Judge Victor Marrero on 6/8/2009) (jpo) (Entered: 06/08/2009)
STIPULATION EXTENDING TIME: Defendant BKSK Architects, LLP time to answer or otherwise respond to the complaint asserted by plaintiff Waverly Properties, LLC shall be enlarged through and including 6/12/09. (Signed by Judge Victor Marrero on 5/20/09) (tro) (Entered: 05/21/2009)
SUMMONS RETURNED EXECUTED. Marathon Waverly, LLC served on 4/27/2009, answer due 6/8/2009. Service was accepted by Corporation Service Company by M. Cogan, As Registered Agent for Marathon Waverly LLC. Service was made by Federal Express. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 05/20/2009)
STIPULATION ENLARGING THE TIME TO RESPOND TO COMPLAINT: The time within which said defendant, Stanuslav Slutsky, P.E., is to respond to the complaint is enlarged up to and including 6/12/2009. (Signed by Judge Victor Marrero on 5/18/2009) (jar) (Entered: 05/18/2009)
SO ORDERED STIPULATION TO EXTEND VANGURD TIME TO ANSWER COMPLAINT: It is hereby stipulated by and between counsel for the plaintiff and counsel for Vanguard Construction & Development Co., that the time for Vanguard Construction Development Co., Inc. to answer or move as against the Complaint is adjourned to June 16, 2009. So Ordered. (Signed by Judge Victor Marrero on 5/14/09) (js) (Entered: 05/15/2009)
CERTIFICATE OF SERVICE of Answer served on Waverly Properties LLC; KMG Waverly, LLC; Vanguard Construction & Development Co., Inc.; Burt Miller, an individual; Eric Granowsky, an individual; Stan Kleger, an individual; BKSK Architects, LLP; Stanislav Slutsky, P.E.; Marathon Waverly, LLC; Ron Bernstein, an individual; and Stribling Marketing Associates LLC on May 14, 2009. Service was made by Mail. Document filed by Robert Silman Associates, P.C.. (Schain, Jennifer) (Entered: 05/14/2009)
ANSWER to Complaint., CROSSCLAIM against Stanuslav Slutsky, P.E., Marathon Waverly, LLC, Ron Bernstein, Stribling Marketing Associates LLC, KMG Waverly, LLC, Vanguard Construction & Development Co., Inc., Burt Miller, Eric Granowsky, Stan Kleger, BKSK Architects, LLP. Document filed by Robert Silman Associates, P.C..(Schain, Jennifer) (Entered: 05/14/2009)
STIPULATION TO EXTEND TIME TO ANSWER: The time within which Sponsor Defendants may answer, move or otherwise respond to the complaint in this action, is extended on consent to and including the 8th day of June, 2009. (Signed by Judge Victor Marrero on 5/14/2009) (jfe) (Entered: 05/14/2009)
SUMMONS RETURNED EXECUTED. Stan Kleger served on 5/8/2009, answer due 5/28/2009. Service was made by Mail. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 05/14/2009)
SUMMONS RETURNED EXECUTED. Ron Bernstein served on 5/4/2009, answer due 5/26/2009. Service was accepted by David Friedman, Managing Director and General Counsel. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 05/05/2009)
SUMMONS RETURNED EXECUTED. Stribling Marketing Associates LLC served on 4/24/2009, answer due 5/14/2009. Service was accepted by Steve Rutter, Executive Vice President and Managing Director. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. Robert Silman Associates, P.C. served on 4/24/2009, answer due 5/14/2009. Service was accepted by Joseph F. Tortorella, Vice President. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. Stanuslav Slutsky, P.E. served on 4/23/2009, answer due 5/13/2009. Service was accepted by Stanislav Slutsky, Defendant herein. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. BKSK Architects, LLP served on 4/23/2009, answer due 5/13/2009. Service was accepted by Stephen F. Byrns, Partner. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. Eric Granowsky served on 4/23/2009, answer due 5/13/2009. Service was accepted by Eric Granowsky, Principal. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. Burt Miller served on 4/23/2009, answer due 5/13/2009. Service was accepted by Burt Miller, Principal. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. Vanguard Construction & Development Co., Inc. served on 4/24/2009, answer due 5/14/2009. Service was accepted by Philip A. Timpanaro, Chief Financial Officer. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
SUMMONS RETURNED EXECUTED. KMG Waverly, LLC served on 4/23/2009, answer due 5/13/2009. Service was accepted by Eric Granowsky, Principal. Document filed by Waverly Properties, LLC. (Attachments: # 1 Affidavit of Service)(Sullivan, Peter) (Entered: 04/28/2009)
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