Kriss et al v. Bayrock Group LLC et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:13-cv-03905-LGS
District Judge Lorna G. Schofield, presiding

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Last Updated December 21, 2016 at 1:32 AM ST (4.8 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Bayrock Camelback LLC, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo Bayrock Group, LLC, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo BayRock Spring Street LLC, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo BayRock Whitestone LLC, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo E/O Ernest Gottdiener, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo E/O Judit Gottdiener, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo Ervin Tausky, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
No Logo Suan Investments, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Richard E. Lerner +1 212 490 3000 +1 212 490 3038 lernerr@wemed.com
v.
No Logo Adam Gilbert, Defendant
No Logo Akerman LLP, Defendant
Officially listed as "Akerman Senterfitt LLP"
No Logo Alex Salomon, Defendant
No Logo Alex Sapir, Defendant
No Logo Bayrock Camelback LLC, Defendant
No Logo Bayrock Group Inc., Defendant
No Logo Bayrock Group, LLC, Defendant
No Logo Bayrock Merrimac LLC, Defendant
No Logo BayRock Spring Street LLC, Defendant
No Logo BayRock Whitestone LLC, Defendant
No Logo Beys, Stein & Mobargha LLP, Defendant
No Logo Brian Halberg, Defendant
No Logo Bruce Stachenfeld, Defendant
No Logo Craig Brown, Defendant
No Logo David Granin, Defendant
No Logo Duval & Stachenfeld LLP, Defendant
No Logo Elliot Pisem, Defendant
No Logo Sater, Felix H., Defendant
Officially listed as "Felix Sater"

Toggle Switch Represented by Beys, Stein & Mobargha LLP

Name Phone Fax E-Mail
Space Nader Mobargha +1 646 755 3603 +1 646 755 3599 nmobargha@blmpllp.com

Toggle Switch Represented by INTELLECTUAL PROPERTY GROUP

Name Phone Fax E-Mail
Space Michael Petros Beys +1 646 755 3605 +1 646 755 3599 mbeys@beysstein.com
Space Joshua Donovan Liston +1 212 387 8200 +1 212 387 8229 jliston@beysstein.com

Toggle Switch Represented by Moses & Singer LLP

Name Phone Fax E-Mail
Space Robert Barnes McFarlane +1 212 554 7869 +1 917 206 4369 rmcfarlane@mosessinger.com
Space Robert S. Wolf +1 212 554 7800 +1 212 554 7700 rwolf@mosessinger.com
No Logo Istar Financial, Defendant
No Logo Jerry Weinrich, Defendant
No Logo John Does 1-100, Defendant
No Logo Julius Schwarz, Defendant
No Logo Kelly Moore, Defendant
No Logo Lender Investor Does 1-100, Defendant
No Logo Martin Domb, Defendant
No Logo Mel Dogan, Defendant
No Logo Michael Beys, Defendant
No Logo Michael, Samuel, Defendant
Morgan, Lewis & Bockius, LLP Morgan, Lewis & Bockius, LLP, Defendant
No Logo Nader Mobargha, Defendant
No Logo National Union Fire Insurance Co. of Pittsburgh, PA, Defendant
No Logo Nixon Peabody LLP, Defendant
No Logo Roberts & Holland, LLP, Defendant
No Logo Salomon & Co. PC, Defendant
No Logo Salvatore Lauria, Defendant
No Logo Sapir Does 1-100, Defendant
No Logo Satterlee Stephens Burke & Burke LLP, Defendant
No Logo Tamir Sapir, Defendant
No Logo Tevfik Arif, Defendant
No Logo Walter Saurack, Defendant
No Logo Frederick Oberlander, Movant

Toggle Switch Represented by Blank Rome LLP

Name Phone Fax E-Mail
Space Simon Joel Kasha Miller +1 212 344 5680 +1 212 344 6101 sjkmiller@blankrome.com
No Logo Richard E Lerner, Appellant
Office Foley Square
Filed 6/7/2013
Jury Demand Plaintiff
Demand
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1442nr Notice of Removal
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Voluntarily
County Kings
Terminated 7/13/2015
Origin 2
Reopened None
Lead Case
Related Case
110-cv-03959-LGS-DCF
Other Court Case 651715-13[State Court-Supreme]
Defendant Custody Status
Flags CLOSED,APPEAL,ECF,RELATED
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Legal Document (Payment Possibly Required) 141 Filed: 6/6/2016, Entered: 6/6/2016 USCA Order - Other
ORDER of USCA (Certified Copy) as to [138] Notice of Appeal, filed by Ervin Tausky, Richard E Lerner, E/O Ernest Gottdiener, Frederick Oberlander, E/O Judit Gottdiener, Suan Investments. USCA Case Number 15-4077. Appellant moves to recall the mandate and reinstate this appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/06/2016. (nd)
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    Legal Document (Payment Possibly Required) 140 Filed: 4/20/2016, Entered: 4/20/2016 USCA Mandate
    MANDATE RECALLED & APPEAL REINSTATED - MANDATE of USCA (Certified Copy) as to [138] Notice of Appeal, filed by Ervin Tausky, Richard E Lerner, E/O Ernest Gottdiener, Frederick Oberlander, E/O Judit Gottdiener, Suan Investments. USCA Case Number 15-4077. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/20/2016. (nd) Modified on 6/6/2016 (nd).
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      Sealed Legal Document 139 Filed: 4/8/2016, Entered: 4/8/2016 Sealed Document
      SEALED DOCUMENT placed in vault.(rz)
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        Blank  Appeal Fee Payment
        Appeal Fee Payment: for [138] Notice of Appeal,. Filing fee $ 505.00, receipt number 0208-11789746. (Oberlander, Frederick)
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          Blank  Appeal Record Sent to USCA - Electronic File
          Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [138] Notice of Appeal, filed by Ervin Tausky, Richard E Lerner, E/O Ernest Gottdiener, Frederick Oberlander, E/O Judit Gottdiener, Suan Investments were transmitted to the U.S. Court of Appeals. (nd)
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            Blank  Transmission of Notice of Appeal and Docket Sheet to USCA
            Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [138] Notice of Appeal,. (nd)
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              Legal Document (Payment Possibly Required) 138 Filed: 12/16/2015, Entered: 12/16/2015, Terminated: 4/20/2016 Notice of Appeal
              NOTICE OF APPEAL from [49] Order,,,, [137] Order on Motion to Vacate, Order on Motion to Dismiss,,,, [40] Memorandum & Opinion,,, [62] Order on Motion for Reconsideration,,,,,,,,,,,,, [102] Order on Motion to Set Aside,. Document filed by E/O Ernest Gottdiener, E/O Judit Gottdiener, Frederick Oberlander, Suan Investments, Ervin Tausky, Richard E Lerner. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Oberlander, Frederick)
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                Blank  Appeal Fee Due
                Appeal Fee Due: for [138] Notice of Appeal,. $505.00 Appeal fee due by 12/30/2015. (nd) Modified on 12/17/2015 (nd).
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                  Legal Document (Payment Possibly Required) 137 Filed: 11/16/2015, Entered: 11/16/2015 Order on Motion to VacateCourt Filing
                  ORDER denying without prejudice [129] Motion to Vacate ; denying without prejudice [129] Motion to Dismiss. It is hereby ORDERED that Kriss II is dismissed with prejudice, but without prejudice to the continued litigation of Kriss I. It is further ORDERED that Plaintiffs' request for leave to seek Rule 11 sanctions is DENIED without prejudice to renewal at the conclusion of Kriss I. The Clerk of Court is directed to close the motion at Dkt. No. 129. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/16/2015) (kgo) (Main Document 137 replaced on 11/16/2015) (kgo). Modified on 11/16/2015 (kgo).
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                    Legal Document (Payment Possibly Required) 136 Filed: 11/10/2015, Entered: 11/10/2015 Memorandum of Law in Opposition to Motion
                    MEMORANDUM OF LAW in Opposition re: [129] MOTION to Vacate Plaintiff's Notices of Voluntary Dismissal. MOTION to Dismiss With Prejudice. Filing is requested to be acknowledged as nunc pro tunc, timely made on November 9, 2015, as ECF filing failed and subsitute filing and service of these exact documents was made that date by email to the court and all counsels. Document filed by E/O Ernest Gottdiener, E/O Judit Gottdiener, Suan Investments, Ervin Tausky. (Attachments: # (1) Exhibit August 20, 2014 order of Magistrate Maas allowing indefinite time to serve a summons and complaint)(Oberlander, Frederick)
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                      Legal Document (Payment Possibly Required) 135 Filed: 11/9/2015, Entered: 11/9/2015 Memorandum of Law in Opposition to Motion
                      MEMORANDUM OF LAW in Opposition re: [129] MOTION to Vacate Plaintiff's Notices of Voluntary Dismissal. MOTION to Dismiss With Prejudice. . Document filed by Michael Ejekam(for Bayrock Merrimac LLC), J. Kriss(for Bayrock Merrimac LLC). (Simon, Bradley)
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                        Legal Document (Payment Possibly Required) 134 Filed: 10/23/2015, Entered: 10/23/2015 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
                        ORDER granting [133] Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. The Clerk of Court is directed to close the motion at Docket No. 133. Responses due by 11/9/2015. (Signed by Judge Lorna G. Schofield on 10/23/2015) (kgo)
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                          Legal Document (Payment Possibly Required) 133 Filed: 10/22/2015, Entered: 10/22/2015, Terminated: 10/23/2015 Motion for Extension of Time to File Response/ReplyCourt Filing
                          LETTER MOTION for Extension of Time to File Response/Reply as to [131] Letter,, [132] Letter, [130] Memorandum of Law in Support of Motion,, [129] MOTION to Vacate Plaintiff's Notices of Voluntary Dismissal. MOTION to Dismiss With Prejudice. addressed to Judge Lorna G. Schofield from Frederick M. Oberlander dated October 22, 2013. Document filed by E/O Ernest Gottdiener, E/O Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick)
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                            Legal Document (Payment Possibly Required) 132 Filed: 10/21/2015, Entered: 10/21/2015 LetterCourt Filing
                            LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated October 21, 2015 re: Response in Opposition to Plaintiffs' October 16, 2015 Letter (ECF No. 131). Document filed by Felix Sater.(Wolf, Robert)
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                              Legal Document (Payment Possibly Required) 131 Filed: 10/16/2015, Entered: 10/16/2015 LetterCourt Filing
                              LETTER addressed to Judge Lorna G. Schofield from Bradley D. Simon, Simon & Partners LLP, Counsel for Non-Parties Jody L. Kriss and Michael Ch'udi Ejekam dated October 15, 2015 re: Objection to Defedant Felix Sater's Filing of ECF Nos. 129 and 130 Motion to Vacate & Dismiss with Prejudice based on Failure to Effect Proper Service and Failure to Comply with the Court's Individual Practices in Civil Cases III. Motion Rules & Procedures A. 1.. Document filed by Michael Ejekam(alone), J. Kriss(for Bayrock Merrimac LLC).(Simon, Bradley)
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                                Legal Document (Payment Possibly Required) 130 Filed: 10/9/2015, Entered: 10/9/2015 Memorandum of Law in Support of Motion
                                MEMORANDUM OF LAW in Support re: [129] MOTION to Vacate Plaintiff's Notices of Voluntary Dismissal. MOTION to Dismiss With Prejudice. . Document filed by Felix Sater. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P)(Wolf, Robert)
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                                  Legal Document (Payment Possibly Required) 129 Filed: 10/9/2015, Entered: 10/9/2015, Terminated: 11/16/2015 Motion to Vacate
                                  MOTION to Vacate Plaintiff's Notices of Voluntary Dismissal., MOTION to Dismiss With Prejudice. Document filed by Felix Sater.(Wolf, Robert)
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                                    Legal Document (Payment Possibly Required) 128 Filed: 10/1/2015, Entered: 10/1/2015 Notice of Appearance
                                    NOTICE OF APPEARANCE by Robert Barnes McFarlane on behalf of Felix Sater. (McFarlane, Robert)
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                                      Legal Document (Payment Possibly Required) 127 Filed: 7/13/2015, Entered: 7/13/2015 Notice of Voluntary Dismissal - SignedCourt Filing
                                      NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiffs Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Ervin Tausky, Suan Investments, by and through their counsel, give notice that the above-captioned action, having been previously dismissed without prejudice as to and against defendant Felix Sater aka Felix Satter, is voluntarily dismissed, without prejudice, as to and against all other remaining defendants. The Clerk of Court is directed to close this case. (Signed by Judge Lorna G. Schofield on 7/13/2015) (kgo)
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                                        Blank  Terminate Transcript Deadlines
                                        Terminate Transcript Deadlines (kgo)
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                                          Blank  Note to Attorney to Re-File Document - Non-ECF Document Error
                                          ***NOTE TO ATTORNEY TO EMAIL DOCUMENTS - NON-ECF DOCUMENT ERROR. Note to Attorney Frederick Oberlander to E-MAIL Document Nos. [125 & 126] Notice of Voluntary Dismissal to judgments@nysd.uscourts.gov. These documents are not filed via ECF. (km)
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                                            Legal Document (Payment Possibly Required) 126 Filed: 7/10/2015, Entered: 7/10/2015 Notice of Voluntary Dismissal
                                            FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) All Defendants. Document filed by All Plaintiffs. (Oberlander, Frederick) Modified on 7/13/2015 (km).
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                                              Legal Document (Payment Possibly Required) 125 Filed: 7/10/2015, Entered: 7/10/2015 Notice of Voluntary Dismissal
                                              FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Felix Sater, Felix Satter. Document filed by All Plaintiffs. (Oberlander, Frederick) Modified on 7/13/2015 (km).
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                                                Legal Document (Payment Possibly Required) 124 Filed: 6/23/2015, Entered: 6/24/2015 Notice of Voluntary Dismissal - SignedCourt Filing
                                                PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL: Plaintiff's Jody Kriss and Michael Chu'di Ejekam hereby provide notice that they voluntarily dismiss the above-titled action ("Kriss II") as to all defendants herein, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Application GRANTED. The Clerk of Court is directed to terminate Plaintiffs Jody Kriss and Michael Ejekam from this action. (Signed by Judge Lorna G. Schofield on 6/23/2015) (kgo)
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                                                  Legal Document (Payment Possibly Required) 123 Filed: 6/19/2015, Entered: 6/19/2015 OrderCourt Filing
                                                  ORDER. A conference in the above referenced matter shall be held on July 13, 2015, at 3:30 p.m., in Courtroom 20A, 500 Pearl Street, New York 10007. All plaintiffs are directed to appear or be available by telephone. (Conference set for 7/13/2015 at 03:30 PM in Courtroom 20A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/19/2015) Copies Sent By Chambers via ECF. (rjm)
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                                                    Legal Document (Payment Possibly Required) 122 Filed: 6/15/2015, Entered: 6/15/2015 Memo EndorsementCourt Filing
                                                    MEMO ENDORSEMENT on re: (168 in 1:10-cv-03959-LGS-FM) Letter, filed by Richard E Lerner. ENDORSEMENT: Application DENIED. (Signed by Judge Lorna G. Schofield on 6/15/2015) (lmb)
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                                                      Legal Document (Payment Possibly Required) 121 Filed: 6/9/2015, Entered: 6/9/2015 LetterCourt Filing
                                                      LETTER addressed to Judge Lorna G. Schofield from Simon Miller dated June 9, 2015 re: requesting oral argument on motion to set aside April 30, 2015 order by Magistrate Maas. Document filed by Frederick Oberlander.(Miller, Simon)
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                                                        Legal Document (Payment Possibly Required) 120 Filed: 6/9/2015, Entered: 6/9/2015 Declaration in Support of MotionCourt Filing
                                                        DECLARATION of Simon Miller in Support re: [112] MOTION to Set Aside [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Memorandum of Law in Support.. Document filed by Frederick Oberlander. (Attachments: # (1) Exhibit G)(Miller, Simon)
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                                                          Legal Document (Payment Possibly Required) 119 Filed: 6/9/2015, Entered: 6/9/2015 Reply Memorandum of Law in Support of MotionCourt Filing
                                                          REPLY MEMORANDUM OF LAW in Support re: [112] MOTION to Set Aside [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Memorandum of Law in Support. . Document filed by Frederick Oberlander. (Miller, Simon)
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                                                            Legal Document (Payment Possibly Required) 118 Filed: 6/3/2015, Entered: 6/4/2015 Endorsed LetterCourt Filing
                                                            ENDORSED LETTER addressed to Judge Lorna G. Schofield from Simon Miller dated 6/3/2015 re: Counsel states that the Court extended defendant Felix Sater's time to submit response from May 29, 2015 to June 2, 2015 with our reply due on June 9, 2015. Accordingly, our reply to the Bayrock Defendants' Response is currently due on June 5, 2015 and to Defendant Sater's on June 9, 2015. Since we believe that it is more efficient for the Court to receive a single reply addressing the arguments raised by both defendant groups rather than two separate submissions, we respectfully submit that it makes sense to make the deadlines for our replies the same. ENDORSEMENT: Application DENIED as unnecessary. The memo endorsement dated June 1, 2015, already provides that any replies shall be filed by June 9, 2015. For clarity: the controlling deadline for all replies is June 9, 2015. The Clerk of Court shall file this order in 10 Civ. 3959 and 13 Civ. 3905. (Signed by Judge Lorna G. Schofield on 6/3/2015) (mro)
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                                                              Legal Document (Payment Possibly Required) 117 Filed: 6/3/2015, Entered: 6/3/2015, Terminated: 7/13/2015 Motion for Extension of Time to File Response/ReplyCourt Filing
                                                              LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lorna G. Schofield from Simon Miller dated 6/3/15. Document filed by Frederick Oberlander.(Miller, Simon)
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                                                                Legal Document (Payment Possibly Required) 116 Filed: 5/19/2015, Entered: 5/19/2015 Declaration in Support of MotionCourt Filing
                                                                DECLARATION of Simon Miller in Support re: [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas.. Document filed by Frederick Oberlander. (Attachments: # (1) Exhibit A to Miller Declaration, # (2) Exhibit B to Miller Delcaration, # (3) Exhibit C to Miller Declaration, # (4) Exhibit D to Miller Declaration, # (5) Exhibit E to Miller Delcaration, # (6) Exhibit F to Miler Delcaration)(Miller, Simon)
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                                                                  Legal Document (Payment Possibly Required) 115 Filed: 5/19/2015, Entered: 5/19/2015 Memorandum of Law in Support of MotionCourt Filing
                                                                  MEMORANDUM OF LAW in Support re: [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. . Document filed by Frederick Oberlander. (Miller, Simon)
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                                                                    Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                    ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Simon Joel Kasha Miller to RE-FILE Document [112] MOTION to Set Aside [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Memorandum of Law in Support. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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                                                                      Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                      ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Simon Joel Kasha Miller to RE-FILE Document [111] MOTION to Set Aside [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Declaration in Support of Motion to Set Aside April 30, 2015 Order. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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                                                                        Blank  Note to Attorney to Re-File Document - Non-ECF Document Error
                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Bradley Simon to E-MAIL Document No. [114] Notice of Voluntary Dismissal to Judgments@nysd.uscourts.gov This document is not filed via ECF. (dt)
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                                                                          Blank  Note to Attorney to Re-File Document - Non-ECF Document Error
                                                                          ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Bradley Simon to E-MAIL Document No. [113] Notice of Voluntary Dismissal to Judgments@nysd.uscourts.gov This document is not filed via ECF. (dt)
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                                                                            Legal Document (Payment Possibly Required) 114 Filed: 5/15/2015, Entered: 5/15/2015 Notice of Voluntary Dismissal
                                                                            FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants. Document filed by Michael Ejekam(alone). (Simon, Bradley) Modified on 5/18/2015 (dt).
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                                                                              Legal Document (Payment Possibly Required) 113 Filed: 5/15/2015, Entered: 5/15/2015 Notice of Voluntary Dismissal
                                                                              FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants. Document filed by J. Kriss(alone). (Simon, Bradley) Modified on 5/18/2015 (dt).
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                                                                                Legal Document (Payment Possibly Required) 112 Filed: 5/14/2015, Entered: 5/14/2015, Terminated: 5/14/2015 Motion to Set AsideCourt Filing
                                                                                FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Set Aside [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Memorandum of Law in Support. Document filed by Frederick Oberlander.(Miller, Simon) Modified on 5/19/2015 (db).
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                                                                                  Legal Document (Payment Possibly Required) 111 Filed: 5/14/2015, Entered: 5/14/2015, Terminated: 5/14/2015 Motion to Set AsideCourt Filing
                                                                                  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Set Aside [110] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Declaration in Support of Motion to Set Aside April 30, 2015 Order. Document filed by Frederick Oberlander. (Attachments: # (1) Exhibit Exhibit A to Miller Dec., # (2) Exhibit Exhibit B to Miller Dec., # (3) Exhibit Exhibit C to Miller Dec., # (4) Exhibit Exhibit D to Miller Dec., # (5) Exhibit Exhibit E to Miller Dec., # (6) Exhibit Exhibit F to Miller Dec.)(Miller, Simon) Modified on 5/19/2015 (db).
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                                                                                    Legal Document (Payment Possibly Required) 110 Filed: 5/14/2015, Entered: 5/14/2015, Terminated: 7/13/2015 Motion to Set AsideCourt Filing
                                                                                    MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. Document filed by Frederick Oberlander.(Miller, Simon)
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                                                                                      Legal Document (Payment Possibly Required) 109 Filed: 5/6/2015, Entered: 5/6/2015 LetterCourt Filing
                                                                                      LETTER addressed to Magistrate Judge Frank Maas from Robert S. Wolf, Esq. dated May 5, 2015 re: Requesting Dismissal with Prejudice on behalf of Defendant, Felix Sater. Document filed by Felix Sater.(Wolf, Robert)
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                                                                                        Legal Document (Payment Possibly Required) 108 Filed: 5/2/2015, Entered: 5/2/2015 LetterCourt Filing
                                                                                        LETTER addressed to Magistrate Judge Frank Maas from Frederick M. Oberlander, Counsel for Plaintiffs dated 5/1/15 re: Status. Document filed by Ervin Tausky.(Oberlander, Frederick)
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                                                                                          Legal Document (Payment Possibly Required) 107 Filed: 5/1/2015, Entered: 5/1/2015 Order on Motion for ConferenceCourt Filing
                                                                                          ORDER granting in part and denying in part [106] Letter Motion for Conference. Application GRANTED in part. The deadlines stated in Paragraphs 6 and 7 of Judge Maas' Order dated April 30, 2015 (Dkt. No. 142 in Kriss I, and Dkt. No. 105 in Kriss II), are hereby STAYED. No later than May 14, 2015, Counsel for Mr. Oberlander may file formal objections to those paragraphs, in twelve-point double spaced Times New Roman font and not in excess of 15 pages. Any responses shall follow the same formatting and page restrictions, and shall be filed no later than May 29, 2015. Any reply, formatted in the same way and not to exceed 8 pages, shall be filed no later than June 5, 2015. The remaining deadlines in Judge Maas' April 30 Order remain in effect. All future submissions must be filed on ECF in accordance with the Court's Individual rules. The Clerk of Court is directed to file this Order in 10 Civ. 3959 and 13 Civ. 3905. (Signed by Judge Lorna G. Schofield on 5/1/2015) (kgo)
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                                                                                            Legal Document (Payment Possibly Required) 106 Filed: 5/1/2015, Entered: 5/1/2015, Terminated: 5/1/2015 Motion for ConferenceCourt Filing
                                                                                            LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Lorna G. Schofield from Simon Miller dated 5/1/15. Document filed by Frederick Oberlander.(Miller, Simon)
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                                                                                              Legal Document (Payment Possibly Required) 105 Filed: 4/30/2015, Entered: 4/30/2015 OrderCourt Filing
                                                                                              ORDER: In accordance with my rulings during the conference held on April 14, 2015, and recognizing that some time has elapsed before the entry of this formal order, it is hereby ORDERED that: 1. Frederick M. Oberlander and Richard E. Lerner are relieved as counsel for Plaintiffs for all purposes in Kriss I. 2. By June 5, 2015, Plaintiffs shall file under seal their second amended complaint in Kriss I. 3. A telephone conference shall be held on June 15, 2015, at 3 p.m., in Kriss I. Counsel for the Plaintiffs shall initiate that call. 4. By May 1, 2015, Messrs Oberlander and Lerner shall identify the Plaintiffs, if any, that they represent in Kriss II. Messrs Oberlander and Lerner further shall specify the capacity in which each such Plaintiff intends to proceed. If counsel fail to comply with this order the Court will recommend that Kriss II be dismissed with prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, for failure to prosecute. 5. By May 1, 2015, Mr. Simon shall ensure that the Plaintiffs return to the Defendants all documents in their possession, custody, or control, that Messrs Oberlander and Lerner furnished to them, and that were obtained from Bernstein or his counsel, including but not limited to documents downloaded from the Bernstein hard drive. 6. By May 1, 2015, Messrs Oberlander and Lerner shall surrender to the Court, to be placed under seal, all documents in their possession, custody, or control, and any work product derived therefrom, that they obtained from Bernstein or his counsel, including but not limited to documents downloaded from the Bernstein hard drive. Messrs Oberlander and Lerner shall neither maintain a copy of, nor disseminate, any of these documents. 7. Provided that they timely comply with paragraph 6, by May 5, 2015, Messrs Oberlander and Lerner may explain, in writing, why the materials surrendered should be returned. Opposing counsel may respond to any such submission by May 12, 2015. 8. By May 14, 2015, any objections to this order shall be submitted to Judge Schofield. Counsel are cautioned, however, that any objections will not stay the deadlines stated herein, nor shall the Court grant any such stays or extensions. (Signed by Magistrate Judge Frank Maas on 4/30/2015) (lmb)
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                                                                                                Legal Document (Payment Possibly Required) 104 Filed: 4/29/2015, Entered: 4/29/2015 LetterCourt Filing
                                                                                                LETTER addressed to Magistrate Judge Frank Maas from Robert S. Wolf, Esq. dated April 29, 2015 re: Objection to Frederick Oberlander's Request for Extension of Time to Comply with Court's Order. Document filed by Felix Sater.(Wolf, Robert)
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                                                                                                  Legal Document (Payment Possibly Required) 103 Filed: 3/27/2015, Entered: 3/27/2015 OrderCourt Filing
                                                                                                  ORDER: It is hereby ORDERED that a status conference shall be held on April 14, 2015, at 11:30 a.m., in Courtroom 20A. Procedural and scheduling issues for both matters will be addressed at the conference. In the interim, no further papers shall be served or filed., ( Status Conference set for 4/14/2015 at 11:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 3/27/2015) (lmb)
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                                                                                                    Legal Document (Payment Possibly Required) 102 Filed: 3/23/2015, Entered: 3/23/2015 Order on Motion to Set AsideCourt Filing
                                                                                                    ORDER denying [77] Motion to Set Aside: ORDERED that the Motion to unseal the Complaint in Kriss II is DENIED pending Judge Maas order or recommendation on how the matter should proceed, consistent with this Courts adoption of the Report and Recommendation dated January 14, 2015, in Kriss I. The Clerk of Court is directed to close the motion at Dkt. No. 77. (Signed by Judge Lorna G. Schofield on 03/23/2015) (jcs)
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                                                                                                      Legal Document (Payment Possibly Required) 101 Filed: 12/4/2014, Entered: 12/4/2014 LetterCourt Filing
                                                                                                      LETTER addressed to Magistrate Judge Frank Maas from Robert S. Wolf dated December 4, 2014 re: Request for Immediate Conference. Document filed by Felix Sater.(Wolf, Robert)
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                                                                                                        Legal Document (Payment Possibly Required) 100 Filed: 12/3/2014, Entered: 12/4/2014 Endorsed LetterCourt Filing
                                                                                                        ENDORSED LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated 12/2/2014 re: This Court can no longer indulge Plaintiffs' counsel, who are also the subject of civil contempt proceedings and a separate criminal investigation for contempt. The pendency of these frivolous incendiary claims against Mr. Sater continues to cause him to suffer substantial harm, financial and otherwise. We respectfully request the Court's immediate intervention. ENDORSEMENT: Application denied. This case has been referred to Judge Maas for all general non-dispositive pre-trial matters, and all correspondence should directed to Judge Maas, unless they pertain to issues beyond the scope of Judge Maas' jurisdiction, pursuant to 26 U.S.C. 636. (Signed by Judge Lorna G. Schofield on 12/3/2014) (djc)
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                                                                                                          Blank 99 Filed: 12/3/2014, Entered: 12/3/2014 Order on Motion for Extension of Time
                                                                                                          ORDER denying [95] Letter Motion for Extension of Time because the text demonstrates that this letter is not, in fact, a separate motion, but a reply in further support of the letter motion previously docketed as ECF No. 93, which motion was granted by memo endorsement on August 19, 2014. (See ECF No. 96). Counsel should also note that my Individual Practices permit the filing of letters, but not the electronic filing of Letter Motions. (See paragraph 1.A.) (Maas, Frank)
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                                                                                                            Legal Document (Payment Possibly Required) 98 Filed: 12/2/2014, Entered: 12/2/2014 LetterCourt Filing
                                                                                                            LETTER addressed to Judge Lorna G. Schofield from Robert Wolf dated 12/02/2014 re: Request for Immediate Conference. Document filed by Felix Sater.(Wolf, Robert)
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                                                                                                              Blank  Notice Regarding Deleted Document
                                                                                                              ***DELETED DOCUMENT. Deleted document number [97] LETTER. The document was incorrectly filed in this case. (ldi)
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                                                                                                                Legal Document (Payment Possibly Required) 96 Filed: 8/20/2014, Entered: 8/20/2014 Order on Motion for Extension of TimeCourt Filing
                                                                                                                ORDER granting [93] Letter Motion for Extension of Time. Application granted. The time for service of the summons and complaint is extended sine die. (Signed by Magistrate Judge Frank Maas on 8/19/2014) (lmb)
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                                                                                                                  Legal Document (Payment Possibly Required) 95 Filed: 8/19/2014, Entered: 8/19/2014, Terminated: 12/3/2014 Motion for Extension of TimeCourt Filing
                                                                                                                  LETTER MOTION for Extension of Time reply as to ECF 93, in reply to Robert Wolf's letter of 8/19/14 addressed to Magistrate Judge Frank Maas from Richard E. Lerner dated 8/19/14. Document filed by Bayrock Camelback LLC, Bayrock Group LLC, Bayrock Spring Street LLC, Bayrock Whitestone LLC, E/O Ernest Gottdiener, E/O Judit Gottdiener, Michael Ejekam(alone), Michael Ejekam(for Bayrock Merrimac LLC), J. Kriss(for Bayrock Merrimac LLC), J. Kriss(alone), Suan Investments, Ervin Tausky.(Lerner, Richard)
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                                                                                                                    Blank  Set/Reset Deadlines
                                                                                                                    Set/Reset Deadlines: Replies due by 6/27/2014. (kgo)
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                                                                                                                      Blank  Transmission to Sealed Records Clerk
                                                                                                                      Transmission to Sealed Records Clerk. Transmitted re: [69] Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
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                                                                                                                        Blank  Note to Attorney to Re-File Document - Non-ECF Document Error
                                                                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Frederick Martin Oberlander. Document No. [66] Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Seal Document must be formally filed. (db)
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                                                                                                                          Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                          ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Frederick Martin Oberlander to RE-FILE Document [55] Affidavit in Support of Motion. ERROR(S): Incomplete Document (i.e., No Court Type, No Parties, No Case Number). (db)
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                                                                                                                            Blank  Set/Reset Deadlines
                                                                                                                            Set/Reset Deadlines: Amended Pleadings due by 4/7/2014. (ft)
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                                                                                                                              Blank  Set/Reset Deadlines
                                                                                                                              Set/Reset Deadlines: Replies due by 8/27/2013. (rdz)
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                                                                                                                                Blank  Set/Reset Deadlines
                                                                                                                                Set/Reset Deadlines: Motions due by 7/30/2013. Responses due by 8/13/2013. Replies due by 8/20/2013. (lmb)
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                                                                                                                                  Blank  Pretrial Conference - Initial
                                                                                                                                  Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 7/16/2013. (See Order) (Court Reporter Rose Prater) (jcs)
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                                                                                                                                    Blank  Case Designation
                                                                                                                                    Magistrate Judge Frank Maas is so designated. (pgu)
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                                                                                                                                      Blank  Case Accepted as Related
                                                                                                                                      CASE ACCEPTED AS RELATED. Create association to 1:10-cv-03959-LGS. Notice of Assignment to follow. (pgu)
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                                                                                                                                        Blank  Case Designated ECF
                                                                                                                                        Case Designated ECF. (jom)
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                                                                                                                                          Blank  Case Referred as Possibly Related/Similar
                                                                                                                                          CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 10-cv-3959. (jom)
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