Gerber et al v. The Financial Trust Company et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:18-cv-07580-JPO
District Judge J. Paul Oetken, presiding
Tags
District Judge J. Paul Oetken
Last Updated July 10, 2019 at 11:39 AM EDT (5.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Kalma Koenig, Plaintiff

Represented by Hach & Rose, LLP

Name Phone Fax E-Mail
Space Frank Rocco Schirripa +1 212 779 0057 +1 212 779 0028 fs@hachroselaw.com

Represented by Hach Rose Schirripa & Cheverie, LLP

Name Phone Fax E-Mail
Space Hillary Mara Nappi +1 914 833 9785 +1 914 833 9788 hnappi@hrsclaw.com
Space Daniel Brett Rehns +1 212 838 7797 +1 212 838 7745 drehns@hrsclaw.com
No Logo Marvin Gerber, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Hillary Mara Nappi +1 914 833 9785 +1 914 833 9788 hnappi@hrsclaw.com

Represented by Hach & Rose, LLP

Name Phone Fax E-Mail
Space Frank Rocco Schirripa +1 212 779 0057 +1 212 779 0028 fs@hachroselaw.com

Represented by Hach Rose Schirripa & Cheverie, LLP

Name Phone Fax E-Mail
Space Daniel Brett Rehns +1 212 838 7797 +1 212 838 7745 drehns@hrsclaw.com
v.
No Logo ABC, Inc., Defendant
Officer/Director, DC Holdco, Inc.
Officer/Director, ABC Radio Holdings, Inc.
Disney Enterprises, Inc. Officer/Director, Disney Enterprises, Inc.
Officer/Director, A.b.c. Enterprises, Inc.
Officer/Director, ABC Holding CO Inc.
Epstein, Jeffrey E. Epstein, Jeffrey E., Defendant
Officially listed as "Jeffrey E. Epstein"
Officer/Director, Couchbase, Inc.
Twilio, Inc. Officer/Director, Twilio, Inc.

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Bennet Jerome Moskowitz +1 212 704 6087 +1 212 704 6288 bennet.moskowitz@troutmansanders.com
No Logo The Financial Trust Company, Defendant

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Bennet Jerome Moskowitz +1 212 704 6087 +1 212 704 6288 bennet.moskowitz@troutmansanders.com
No Logo Xyz Corporation, Defendant
Attributes
Office Foley Square
Filed 8/20/2018
Jury Demand Plaintiff
Demand $9999000
Nature of Suit 370 - Fraud or Truth-In-Lending
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Dismissed - Voluntarily
County Nassau
Terminated 10/5/2018
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flags CLOSED,ECF
Timeline
  Entries (27) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 19 Filed: 10/5/2018, Entered: 10/5/2018 Notice of voluntary dismissal
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 and without costs against the defendant(s) ABC Inc., Jeffrey E. Epstein, The Financial Trust Company, XYZ Corporation. Document filed by Marvin Gerber, Kalma Koenig. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Nappi, Hillary)
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Legal Document (Payment Possibly Required) 18 Filed: 9/15/2018, Entered: 9/15/2018 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Financial Trust Company.(Moskowitz, Bennet)
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Legal Document (Payment Possibly Required) 17 Filed: 9/14/2018, Entered: 9/14/2018 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [15] MOTION to Dismiss Plaintiffs' Complaint with Prejudice. . Document filed by Jeffrey E. Epstein, The Financial Trust Company. (Attachments: # (1) Supplement Chubb & Son, Inc. v. Kelleher, 1998 U.S. Dist. LEXIS 22542)(Moskowitz, Bennet)
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Legal Document 16 Filed: 9/14/2018, Entered: 9/14/2018 Declaration in Support of Motion
DECLARATION of Bennet J. Moskowitz in Support re: [15] MOTION to Dismiss Plaintiffs' Complaint with Prejudice.. Document filed by Jeffrey E. Epstein, The Financial Trust Company. (Attachments: # (1) Exhibit A - Copy of Plaintiffs Complaint, # (2) Exhibit B - Sentencing opinion in U.S. v. Hoffenberg, 94-cr-213 (RWS), # (3) Exhibit C - Memorandum and Order entered on December 18, 2013 in 200,000 Towers Investors Restitution Victims v. United States, 1:13-cv-08563-PKC, # (4) Exhibit D - Order entered on January 16, 2014 in 200,000 Towers Investors Restitution Victims v. United States, # (5) Exhibit E - Verified Petition to Perpetrate Testimony dated June 11, 2015 and filed in U.S. v. Steven J. Hoffenberg, # (6) Exhibit F - Complaint filed in Hoffenberg v. Epstein, # (7) Exhibit G - Defendants June 28, 2016 pre-motion-to-dismiss letter filed in Hoffenberg v. Epstein, # (8) Exhibit H - Hoffenbergs July 1, 2016 response letter filed in Hoffenberg v. Epstein, # (9) Exhibit I - July 5, 2016 Order entered in Hoffenberg v. Epstein, # (10) Exhibit J - Vanity Fair Article, # (11) Exhibit K - Copy of the homepage of the website www.towersinvestors.com, # (12) Exhibit L - Transcript of a December 5, 2013 hearing in U.S. v. Hoffenberg, # (13) Exhibit M - Affidavit of Alan P. Fraade filed on February 4, 2014 in the matter 200,000 Towers Investors Restitution In Victims v. United States, # (14) Exhibit N - Financial Trust Company, Inc.s Articles of Incorporation, dated November 6, 1998, # (15) Exhibit O - Financial Trust Company, Inc.s certification of Articles of Incorporation, dated November 30, 1998)(Moskowitz, Bennet)
  • Attachment 2 Exhibit B - Sentencing opinion in U.S. v. Hoffenberg, 94-cr-213 (RWS)
  • Attachment 3 Exhibit C - Memorandum and Order entered on December 18, 2013 in 200,000 Towers Investors Restitution Victims v. United States, 1:13-cv-08563-PKC
  • Attachment 4 Exhibit D - Order entered on January 16, 2014 in 200,000 Towers Investors Restitution Victims v. United States
  • Attachment 5 Exhibit E - Verified Petition to Perpetrate Testimony dated June 11, 2015 and filed in U.S. v. Steven J. Hoffenberg
  • Attachment 6 Exhibit F - Complaint filed in Hoffenberg v. Epstein
  • Attachment 7 Exhibit G - Defendants June 28, 2016 pre-motion-to-dismiss letter filed in Hoffenberg v. Epstein
  • Attachment 8 Exhibit H - Hoffenbergs July 1, 2016 response letter filed in Hoffenberg v. Epstein
  • Attachment 13 Exhibit M - Affidavit of Alan P. Fraade filed on February 4, 2014 in the matter 200,000 Towers Investors Restitution In Victims v. United States
  • Attachment 14 Exhibit N - Financial Trust Company, Inc.s Articles of Incorporation, dated November 6, 1998
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Legal Document (Payment Possibly Required) 15 Filed: 9/14/2018, Entered: 9/14/2018, Terminated: 10/5/2018 Motion to Dismiss
MOTION to Dismiss Plaintiffs' Complaint with Prejudice. Document filed by Jeffrey E. Epstein, The Financial Trust Company.(Moskowitz, Bennet)
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Legal Document (Payment Possibly Required) 14 Filed: 9/4/2018, Entered: 9/4/2018 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of Summons and Complaint. Jeffrey E. Epstein served on 8/24/2018, answer due 9/14/2018. Service was accepted by Concierge. Service was made by Mail. Document filed by Marvin Gerber; Kalma Koenig. (Nappi, Hillary)
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Legal Document (Payment Possibly Required) 13 Filed: 9/4/2018, Entered: 9/4/2018 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of Summons and Complaint. The Financial Trust Company served on 8/29/2018, answer due 9/19/2018. Service was accepted by Daphne L. Wallace. Service was made by Mail. Document filed by Marvin Gerber; Kalma Koenig. (Attachments: # (1) Supplemental Affidavit of Mailing)(Nappi, Hillary)
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Legal Document (Payment Possibly Required) 12 Filed: 8/22/2018, Entered: 8/22/2018 Summons issued
ELECTRONIC SUMMONS ISSUED as to The Financial Trust Company. (dnh)
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Legal Document (Payment Possibly Required) 11 Filed: 8/22/2018, Entered: 8/22/2018 Summons issued
ELECTRONIC SUMMONS ISSUED as to Jeffrey E. Epstein. (dnh)
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Legal Document (Payment Possibly Required) 10 Filed: 8/21/2018, Entered: 8/21/2018 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to The Financial Trust Company, re: [7] Complaint. Document filed by Marvin Gerber, Kalma Koenig. (Schirripa, Frank)
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Legal Document (Payment Possibly Required) 9 Filed: 8/21/2018, Entered: 8/21/2018 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey E. Epstein, re: [7] Complaint. Document filed by Marvin Gerber, Kalma Koenig. (Schirripa, Frank)
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Legal Document (Payment Possibly Required) 8 Filed: 8/21/2018, Entered: 8/21/2018 Civil Cover Sheet
CIVIL COVER SHEET filed. (Schirripa, Frank)
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Legal Document (Payment Possibly Required) 7 Filed: 8/21/2018, Entered: 8/21/2018 Complaint
COMPLAINT against ABC Inc., Jeffrey E. Epstein, The Financial Trust Company, XYZ Corporation. Document filed by Marvin Gerber, Kalma Koenig. (Attachments: # (1) Exhibit Sentencing Opinion, # (2) Exhibit Hoffenberg Affidavit)(Schirripa, Frank)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Request for Issuance of Summons
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frank Rocco Schirripa to RE-FILE Document No. [3] Request for Issuance of Summons, [4] Request for Issuance of Summons,. The filing is deficient for the following reasons: the name of the defendant in the 'To' field contains a typographical error; the name of the defendant the summons is for contains a typographical error on the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Frank Rocco Schirripa to RE-FILE Document No. [1] Complaint,. The filing is deficient for the following reasons: the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Civil Cover Sheet
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Frank Rocco Schirripa to RE-FILE Document No. [2] Civil Cover Sheet. The filing is deficient for the following reason: the first page of the PDF is upside down. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Party Modification
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Frank Rocco Schirripa. The party information for the following party has been modified: Marvin Gerber. The information for the party has been modified for the following reason: party text was omitted. (pne)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Frank Rocco Schirripa. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000,000; County code Albany. The following corrections have been made to your case entry: the Dollar Demand has been modified to $1,000,000,000; the County code has been modified to Nassau. (pne)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (pne)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)
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Legal Document (Payment Possibly Required) 6 Filed: 8/20/2018, Entered: 8/20/2018 Notice of Appearance
NOTICE OF APPEARANCE by Daniel Brett Rehns on behalf of Marvin Gerber, Kalma Koenig. (Rehns, Daniel)
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Legal Document (Payment Possibly Required) 5 Filed: 8/20/2018, Entered: 8/20/2018 Notice of Appearance
NOTICE OF APPEARANCE by Hillary Mara Nappi on behalf of Marvin Gerber, Kalma Koenig. (Nappi, Hillary)
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Legal Document (Payment Possibly Required) 4 Filed: 8/20/2018, Entered: 8/20/2018 Request for Issuance of Summons
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Financial Trust Company, re: [1] Complaint. Document filed by Marvin Gerber, Kalma Koenig. (Schirripa, Frank) Modified on 8/21/2018 (pne).
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Legal Document (Payment Possibly Required) 3 Filed: 8/20/2018, Entered: 8/20/2018 Request for Issuance of Summons
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Epstein, re: [1] Complaint. Document filed by Marvin Gerber, Kalma Koenig. (Schirripa, Frank) Modified on 8/21/2018 (pne).
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Legal Document (Payment Possibly Required) 2 Filed: 8/20/2018, Entered: 8/20/2018 Civil Cover Sheet
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Schirripa, Frank) Modified on 8/21/2018 (pne).
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Legal Document 1 Filed: 8/20/2018, Entered: 8/20/2018 Complaint
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15473351)Document filed by Marvin Gerber, Kalma Koenig. (Attachments: # (1) Exhibit Sentencing Opinion, # (2) Exhibit Affidavit)(Schirripa, Frank) Modified on 8/21/2018 (pne).
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