Kriss et al v. BayRock Group LLC et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:10-cv-03959-LGS-DCF
District Judge Lorna G. Schofield, presiding
Tags
District Judge Lorna G. Schofield
Last Updated July 29, 2024 at 12:32 PM EDT (5.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo BayRock Spring Street LLC, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo BayRock Whitestone LLC, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo Kriss, Jody, Plaintiff
Officially listed as "Jody Kriss"

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Represented by Simon & Partners LLP

Name Phone Fax E-Mail
Space Jamie E. Shapiro +1 212 332 8904 eshapiro@simonlawyers.com
Space Bradley Drew Simon +1 212 332 8900 +1 212 332 8909 bradsimon@simonlawyers.com
No Logo Michael Chu'Di Ejekam, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
TERMINATED: 04/30/2015, LEAD ATTORNEY Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com

Represented by Simon & Partners LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jamie E. Shapiro +1 212 332 8904 eshapiro@simonlawyers.com
ATTORNEY TO BE NOTICED Bradley Drew Simon +1 212 332 8900 +1 212 332 8909 bradsimon@simonlawyers.com
No Logo Michael Ejekam, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com
v.
No Logo Adam Gilbert, Defendant
No Logo Akerman LLP, Defendant
Officially listed as "Akerman Senterfitt LLP"
No Logo Alex Salomon, Defendant

Represented by Landman Corsi Ballanine & Ford PC

Name Phone Fax E-Mail
Space Louis Gerard Corsi +1 212 238 4850 +1 212 238 4848 lcorsi@lcbf.com
Space Stephen Jacobs +1 212 238 4800 +1 212 238 4848 SJacobs@lcbf.com
Space Ronald E Joseph +1 212 238 4800 +1 212 238 4848 RJoseph@lcbf.com
No Logo BayRock Camelback LLC, Defendant

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo BayRock Group Inc., Defendant
No Logo Bayrock Group, LLC, Defendant

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo BayRock Merrimac LLC, Defendant

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo Bayrock Ocean Club LLC, Defendant

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo BayRock Spring Street LLC, Defendant
No Logo BayRock Whitestone LLC, 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

Represented by Fried, Frank, Harris, Shriver & Jacobson, LLP

Name Phone Fax E-Mail
Space John W Brewer +1 212 859 8736 +1 212 859 4000 BreweJo@ffhsj.com
No Logo Sater, Felix H., Defendant
Officially listed as "Felix Satter"

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 Jerry Weinreich, Defendant

Represented by Landman Corsi Ballanine & Ford PC

Name Phone Fax E-Mail
Space Louis Gerard Corsi +1 212 238 4850 +1 212 238 4848 lcorsi@lcbf.com
Space Stephen Jacobs +1 212 238 4800 +1 212 238 4848 SJacobs@lcbf.com
Space Ronald E Joseph +1 212 238 4800 +1 212 238 4848 RJoseph@lcbf.com
No Logo Jerry Weinrich, Defendant
No Logo John Does 1-100, Defendant
No Logo Julius Schwarz, Defendant

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo Martin Domb, Defendant
No Logo Mel Dogan, Defendant
No Logo Michael, Samuel, Defendant
No Logo National Union Fire Insurance Co. of Pittsburgh, PA, Defendant
No Logo Nixon Peabody LLP, Defendant
No Logo Roberts & Holland, LLP, Defendant

Represented by Fried, Frank, Harris, Shriver & Jacobson, LLP

Name Phone Fax E-Mail
Space John W Brewer +1 212 859 8736 +1 212 859 4000 BreweJo@ffhsj.com
No Logo Salomon & Co., P.C., Defendant

Represented by Landman Corsi Ballanine & Ford PC

Name Phone Fax E-Mail
Space Louis Gerard Corsi +1 212 238 4850 +1 212 238 4848 lcorsi@lcbf.com
Space Carrie Susan Ford +1 973 623 2700 cford@lcbf.com
Space Stephen Jacobs +1 212 238 4800 +1 212 238 4848 SJacobs@lcbf.com
Space Ronald E Joseph +1 212 238 4800 +1 212 238 4848 RJoseph@lcbf.com
No Logo Salomon & Company PC, Defendant
No Logo Salvatore Lauria, Defendant
No Logo Tevfik Arif, Defendant

Represented by Satterlee Stephens Burke & Burke LLP

Name Phone Fax E-Mail
Space Walter Arthur Saurack +1 212 404 8703 +1 212 818 9200 wsaurack@ssbb.com
No Logo Richard E Lerner, Respondent

Represented by Richard E Lerner

Name Phone Fax E-Mail
Space Richard E Lerner
Other Parties
The Associated Press The Associated Press, Miscellaneous
Officially listed as "Associated Press"
No Logo Telegraph Media Group, Miscellaneous
No Logo Bayrock Group, LLC, Nominal Defendant
No Logo BayRock Spring Street LLC, Nominal Defendant
No Logo BayRock Whitestone LLC, Nominal Defendant
No Logo Frederick Oberlander, Movant

Represented by Unknown Firm

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

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 Jane Does, Intervenor

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Frederick Martin Oberlander +1 212 826 0357 +1 212 202 7624 fred55@aol.com
No Logo Richard Lerner, Interested Party
Attributes
Citation Section 18 U.S.C. § 1962
Nature of Suit 470 - Civil (RICO) Racketeer/Corrupt Organization
Office Foley Square
Filed 5/10/2010
Jury Demand Plaintiff
Demand $9999000
Cause Section 18 U.S.C. § 1962 Racketeering (RICO) Act
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Flags APPEAL,CASREF,ECF
Timeline
  Entries (623) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End

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Legal Document (Payment Possibly Required) 556 Filed: 7/29/2024, Entered: None Sealed Document Disposed
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Legal Document (Payment Possibly Required) 555 Filed: 7/29/2024, Entered: None Sealed Document Disposed
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Legal Document (Payment Possibly Required) 554 Filed: 7/29/2024, Entered: None Sealed Document Disposed
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Legal Document (Payment Possibly Required) 553 Filed: 7/29/2024, Entered: None Sealed Document Disposed
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Legal Document (Payment Possibly Required) 552 Filed: 6/13/2024, Entered: None Sealed Document Disposed
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Legal Document (Payment Possibly Required) 551 Filed: 6/4/2024, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 550 Filed: 6/4/2024, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 549 Filed: 6/4/2024, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 548 Filed: 6/4/2024, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 547 Filed: 6/4/2024, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 546 Filed: 6/4/2024, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 545 Filed: 7/24/2019, Entered: None USCA Mandate
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Blank 193 Filed: 10/9/2015, Entered: None Court Filing
LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated October 9, 2015 re: Response in Opposition to Plaintiff's October 8, 2015 Letter (ECF No. 192). Document filed by Felix Satter.(Wolf, Robert) (Entered: 10/09/2015)
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Blank 192 Filed: 10/8/2015, Entered: None Court Filing
LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Simon & Partners LLP dated Oct. 8, 2015 re: Improper Filing of "Reply" to Objections to Aug. 2015 Report & Recommendation by Defendant Felix Satter (aka Felix Sater). Document filed by Michael Ejekam, Jody Kriss. (Attachments: # 1 Exhibit Ex. 1 to Plaintiffs Letter 10-8-15)(Simon, Bradley) (Entered: 10/08/2015)
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Blank 191 Filed: 10/6/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 182 Objection to Report and Recommendations, . Document filed by Felix Satter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wolf, Robert) (Entered: 10/06/2015)
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Blank 190 Filed: 10/5/2015, Entered: None Court Filing
ORDER: A telephone conference in the above referenced matter shall be held on Tuesday, October 6, 2015, at 10:00 a.m. Counsel for the Plaintiffs and counsel for Defendant Satter are directed to participate. Counsel for the Plaintiffs should initiate that call by calling Chambers at (212) 805-6727., ( Telephone Conference set for 10/6/2015 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/2/2015) (lmb) (Entered: 10/05/2015)
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Blank 189 Filed: 10/1/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 187 Letter, filed by Jody Kriss, Michael Ejekam. ENDORSEMENT: As this matter has been referred to Judge Maas for general pretrial supervision, Defendants shall direct this request, and other similar requests, to him. (Signed by Judge Lorna G. Schofield on 10/1/2015) (mro) (Entered: 10/02/2015)
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Blank 188 Filed: 10/1/2015, Entered: None
NOTICE OF APPEARANCE by Robert Barnes McFarlane on behalf of Felix Satter. (McFarlane, Robert) (Entered: 10/01/2015)
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Blank 187 Filed: 9/30/2015, Entered: None Court Filing
LETTER addressed to Judge Lorna G. Schofield from Bradley D. Simon, Simon & Partners LLP dated Sept. 30, 2015 re: Retaliatory Harassment by Defendant Felix Satter (aka Felix Sater) & Related Request for Conference. Document filed by Michael Ejekam, Jody Kriss. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiffs' Letter to Court 9/30/15)(Simon, Bradley) (Entered: 09/30/2015)
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Blank 186 Filed: 9/30/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 195 Letter, filed by Jody Kriss, Michael Ejekam. ENDORSEMENT: APPLICATION GRANTED. The Clerk of the Court is directed to strike the documents at ECF Nos. 184 through 193, and redesignate No. 194 as ECF 184. (Signed by Judge Lorna G. Schofield on 9/30/2015) (kgo) Modified on 9/30/2015 (kgo). (Entered: 09/30/2015)
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Blank 185 Filed: 9/29/2015, Entered: None Court Filing
LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Esq. dated Sept. 29, 2015 re: ECF Issues Concerning Plaintiffs' Response to Dft. Satter's 9-14-15 Objs to August 13, 2015 R&R. Document filed by Michael Ejekam, Jody Kriss.(Simon, Bradley) Modified on 9/30/2015 (kgo). (Entered: 09/29/2015)
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Blank 184 Filed: 9/29/2015, Entered: None
RESPONSE re: 182 Objection to Report and Recommendations, dated Aug. 13, 2015. Document filed by Michael Ejekam, Jody Kriss. (Attachments: # 1 Affidavit Affidavit of Jody L. Kriss 9/28/15, # 2 Affidavit Affirmation of J. Evan Shapiro 9/28/15, # 3 Exhibit Shapiro Aff. Ex. 1, # 4 Exhibit Shapiro Aff. Ex. 2, # 5 Exhibit Shapiro Aff. Ex. 3, # 6 Exhibit Shapiro Aff. Ex. 4, # 7 Exhibit Shapiro Aff. Ex. 5, # 8 Affidavit Affidavit of Bradley D. Simon 9/28/15, # 9 Exhibit Simon Aff. Ex. 1, # 10 Exhibit Simon Aff. Ex. 2, # 11 Exhibit Simon Aff. Ex. 3, # 12 Exhibit Simon Aff. Ex. 4, # 13 Exhibit Simon Aff. Ex. 5, # 14 Exhibit Simon Aff. Ex. 6, # 15 Exhibit Simon Aff. Ex. 7, # 16 Exhibit Simon Aff. Ex. 8, # 17 Exhibit Simon Aff. Ex. 9, # 18 Exhibit Simon Aff. Ex. 10, # 19 Exhibit Simon Aff. Ex. 11, # 20 Exhibit Simon Aff. Ex. 12, # 21 Exhibit Simon Aff. Ex. 13, # 22 Exhibit Simon Aff. Ex. 14, # 23 Exhibit Simon Aff. Ex. 15)(Simon, Bradley) Modified on 9/30/2015 (kgo). (Entered: 09/29/2015)
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Blank 175 Filed: 7/17/2015, Entered: None Court Filing
LETTER addressed to Magistrate Judge Frank Maas from Robert S. Wolf dated July 17, 2015 re: Requesting Dismissal for Failure to Comply with Court Orders. Document filed by Felix Satter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wolf, Robert) (Entered: 07/17/2015)
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Blank  Filed: None, Entered: None Settlement Conference
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 7/20/2017, ( Telephone Conference set for 7/28/2017 at 11:30 AM before Magistrate Judge Debra C. Freeman). (aba)
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Blank 530 Filed: 6/5/2017, Entered: 6/5/2017 Order on Motion to AuthorizeCourt Filing
ORDER granting [529] Motion to Authorize participation in settlement conference by phone. If Mr. Weinreich is well, then he should appear in person. If not, then he and Mr. Salomon should both be prepared to participate by phone, and this Court will determine at the conference, after hearing the views of other parties, the extent to which the telephone participation of either or both will be required. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Legal Document (Payment Possibly Required) 529 Filed: 6/5/2017, Entered: 6/5/2017, Terminated: 6/5/2017 Motion to Authorize
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Authorize Request to be excused from appearing Personally & be allowed to participate by telephone to Hon. Debra Freeman. Document filed by Alex Salomon, Salomon & Co., P.C..(Jacobs, Stephen) Modified on 8/4/2017 (ldi).
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Blank  Filed: None, Entered: None Set Hearings
Minute Entry. Settlement Conference set for 6/6/2017 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (aba)
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Blank  Filed: None, Entered: None Case Management Conference
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 5/31/2017. (aba)
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Legal Document (Payment Possibly Required) 528 Filed: 5/22/2017, Entered: 5/22/2017 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a case management conference proceeding held on 05/02/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
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Legal Document (Payment Possibly Required) 527 Filed: 5/22/2017, Entered: 5/22/2017 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: case management conference held on 5/2/2017 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2017. Redacted Transcript Deadline set for 6/22/2017. Release of Transcript Restriction set for 8/21/2017.(rro)
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Legal Document (Payment Possibly Required) 526 Filed: 5/9/2017, Entered: 5/9/2017 Memo EndorsementCourt Filing
MEMO ENDORSEMENT: on re: [525] Letter filed by Michael Chu'Di Ejekam, Jody Kriss. ENDORSEMENT: Regarding motions for reconsideration, Local Civil Rule 6.3 states that "[t]he time periods for the service of answering and reply memoranda, if any, shall be governed by Local Civil Rule 6.1(a) or (b)." The time periods set forth in Local Civil Rule 6.1 apply "unless otherwise provided by statute or rule, or by the Court in a Judge's Individual Practice." Under the Court's Individual Rule III.A.3, "parties shall not submit opposition to a motion for reconsideration unless directed to do so by the Court." In this matter, the Court did not direct Plaintiffs to submit opposition to any of the motions to reconsider the Court's December 2, 2016, Order and Opinion. (Signed by Judge Lorna G. Schofield on 5/09/2017) (ama)
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Legal Document (Payment Possibly Required) 525 Filed: 5/8/2017, Entered: 5/8/2017 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro dated May 8, 2017 re: Order Dated May 8, 2017 and Lack of Opportunity for Plaintiffs to Oppose Motions at ECF Nos. 444 and 448. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Legal Document 524 Filed: 5/8/2017, Entered: 5/8/2017 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [510] MOTION for Sanctions . . Document filed by Felix Satter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 523 Filed: 5/8/2017, Entered: 5/8/2017 Memorandum & OpinionCourt Filing
OPINION AND ORDER: For the foregoing reasons, Defendants Elliot Pisem, Roberts & Holland LLP Mel Dogan's motions for reconsideration are GRANTED. Defendants Felix Satter, Alex Salamon, Jerry Weinreich and Solomon & Co., P.C.'s motions for reconsideration are DENIED. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 444, 446, 448 and 450. So Ordered re: [448] MOTION for Reconsideration re; [439] Memorandum & Opinion [450] MOTION for Reconsideration re; [439] Memorandum & Opinion [444] MOTION for Reconsideration re; [439] Memorandum & Opinion [446] MOTION for Reconsideration. (Signed by Judge Lorna G. Schofield on 5/8/2017) (js)
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Legal Document (Payment Possibly Required) 522 Filed: 5/8/2017, Entered: 5/8/2017 Order on Motion to Withdraw as AttorneyCourt Filing
MEMO ENDORSEMENT granting [521] Motion to Withdraw as Attorney. Attorney Michael Petros Beys terminated. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Michael Beys and Nader Mobargha as counsel-of-record in the above captioned matter, and to close the motion at Dkt. No. 521. (Signed by Judge Lorna G. Schofield on 5/8/2017) (kgo)
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Legal Document (Payment Possibly Required) 521 Filed: 5/5/2017, Entered: 5/5/2017, Terminated: 5/8/2017 Motion to Withdraw as Attorney
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for BEYS LISTON & MOBARGHA LLP, MICHAEL P. BEYS, AND NADER MOBARGHA to Withdraw as Attorney . Document filed by Felix Satter. (Attachments: # (1) Affidavit, # (2) Memorandum of Law)(Beys, Michael) Modified on 6/15/2017 (ldi).
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Blank 520 Filed: 5/2/2017, Entered: 5/2/2017 Order on Motion for DiscoveryCourt Filing
ORDER terminating [516] Letter Motion for Discovery, as this submission is better characterized as a response to Plaintiff's motion (Dkt. 513), and as this Court has denied that motion without prejudice (see Dkt. 519). (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Blank 519 Filed: 5/2/2017, Entered: 5/2/2017 Order on Motion for DiscoveryCourt Filing
ORDER denying without prejudice [513] Letter Motion for Discovery, based on the Court's understanding that the parties are working cooperatively to try to resolve the issues raised. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Blank  Filed: None, Entered: None Case Management Conference
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 5/2/2017, ( Settlement Conference set for 6/6/2017 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba)
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Legal Document (Payment Possibly Required) 518 Filed: 4/29/2017, Entered: 4/29/2017 Declaration in Opposition to Motion
DECLARATION of J. Evan Shapiro, Esq. in Opposition re: [510] MOTION for Sanctions .. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Exh. 1 to Shapiro Decl in Opp to Sater Mot for Sanctions - Cplt in Sater v. Kriss, et al., 159597/2016, New York Supreme Court, New York County, # (2) Exhibit Exh. 2 to Shapiro Decl in Opp to Sater Mot for Sanctions - Memorandum of Law of Defendants Felix Sater and Savlatore Lauria in Support of Defendants Motion to Dismiss, Estate of Gottdiener, et al. v. Sater, et al., 13 Civ. 1824 (LGS) (ECF Docket No. 19))(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 517 Filed: 4/29/2017, Entered: 4/29/2017 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [510] MOTION for Sanctions . . Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 516 Filed: 4/28/2017, Entered: 4/28/2017, Terminated: 5/2/2017 Motion for DiscoveryCourt Filing
LETTER MOTION for Discovery (Leave to Notice Depositions) addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated April 28, 2017. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 515 Filed: 4/26/2017, Entered: 4/26/2017 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 3/17/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(jgo)
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Legal Document (Payment Possibly Required) 514 Filed: 4/26/2017, Entered: 4/26/2017 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Case Management Conference held on 3/17/2017 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2017. Redacted Transcript Deadline set for 5/30/2017. Release of Transcript Restriction set for 7/25/2017.(jgo)
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Legal Document (Payment Possibly Required) 513 Filed: 4/25/2017, Entered: 4/25/2017, Terminated: 5/2/2017 Motion for DiscoveryCourt Filing
FIRST LETTER MOTION for Discovery (Leave to Serve Deposition Notices) addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs dated Apr. 25, 2017. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 512 Filed: 4/14/2017, Entered: 4/14/2017 Declaration in Support of Motion
DECLARATION of Robert S. Wolf in Support re: [510] MOTION for Sanctions .. Document filed by Felix Satter. (Attachments: # (1) Exhibit A - Transcript of November 28, 2007 Deposition of Jody Kriss)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 511 Filed: 4/14/2017, Entered: 4/14/2017 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [510] MOTION for Sanctions . . Document filed by Felix Satter. (Wolf, Robert)
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Legal Document (Payment Possibly Required) 510 Filed: 4/14/2017, Entered: 4/14/2017 Motion for Sanctions
MOTION for Sanctions . Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 509 Filed: 4/5/2017, Entered: 4/5/2017 Motion to Dismiss
AMENDED MOTION to Dismiss Counterclaim of Defendant Felix Satter (aka Felix Sater). Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 508 Filed: 4/4/2017, Entered: 4/4/2017 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of J. Evan Shapiro in Support re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Mobargha Ltr to USDJ Brian M. Cogan EDNY 2-10-12, # (2) Exhibit Complaint in Lauria v. Kriss (Sup. Ct. New York Co. 2014))(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 507 Filed: 4/4/2017, Entered: 4/4/2017 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter. . Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 506 Filed: 3/20/2017, Entered: 3/20/2017 Declaration in Support of Motion
DECLARATION of Walter A. Saurack in Support re: [484] MOTION for Sanctions .. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Julius Schwarz. (Attachments: # (1) Exhibit A - November 2005 Employment Agreement)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 505 Filed: 3/20/2017, Entered: 3/20/2017 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [484] MOTION for Sanctions . . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 504 Filed: 3/17/2017, Entered: 3/17/2017 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter. . Document filed by BayRock Group LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 503 Filed: 3/17/2017, Entered: 3/17/2017 Affirmation in Opposition to Motion
AFFIRMATION of Robert S. Wolf in Opposition re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.. Document filed by Felix Satter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 502 Filed: 3/17/2017, Entered: 3/17/2017 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter. . Document filed by Felix Satter. (Wolf, Robert)
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Blank  Filed: None, Entered: None Case Management Conference
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 3/17/2017, ( Case Management Conference set for 5/2/2017 at 02:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba)
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Legal Document (Payment Possibly Required) 501 Filed: 3/15/2017, Entered: 3/15/2017 Memorandum of Law in Opposition to Motion
SECOND MEMORANDUM OF LAW in Opposition re: [484] MOTION for Sanctions . CORRECTED VERSION OF FIRST. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 500 Filed: 3/15/2017, Entered: 3/15/2017 Declaration in Opposition to Motion
DECLARATION of J. Evan Shapiro in Opposition re: [484] MOTION for Sanctions .. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 499 Filed: 3/6/2017, Entered: 3/7/2017 Order on Motion for Extension of TimeCourt Filing
ORDER denying [434] Letter Motion for Extension of Time. WHEREAS the dismissal was based on the Intervenors' failure timely to submit certain required forms, not on the timeliness of the notice of appeal; it is hereby ORDERED that the Intervenors' protective motion to enlarge time to appeal is DENIED as moot. The Clerk of Court is directed to close the motion at Dkt. No. 434. (Signed by Judge Lorna G. Schofield on 3/6/2017) (mro)
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Legal Document (Payment Possibly Required) 498 Filed: 3/6/2017, Entered: 3/7/2017 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [497] Letter Motion for Extension of Time to File. Application GRANTED. Defendants' responses in opposition to Plaintiffs' motion to dismiss counterclaims are due March 17, 2017; Plaintiffs' reply is due April 3, 2017. (Signed by Judge Lorna G. Schofield on 3/6/2017) (mro)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 3/17/2017 Replies due by 4/3/2017. (mro)
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Legal Document (Payment Possibly Required) 497 Filed: 3/3/2017, Entered: 3/3/2017, Terminated: 3/6/2017 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to File re: Plaintiffs' Motion to Dismiss addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated March 3, 2017. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 496 Filed: 3/1/2017, Entered: 3/1/2017 USCA Mandate
MANDATE of USCA (Certified Copy) as to [279] Notice of Appeal, filed by Frederick Oberlander. USCA Case Number 16-703-cv.UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED for want of jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/1/2017. (nd)
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Legal Document (Payment Possibly Required) 495 Filed: 3/1/2017, Entered: 3/1/2017 Affirmation in Opposition to Motion
AFFIRMATION of J. Evan Shapiro, Simon & Partners LLP in Opposition re: [484] MOTION for Sanctions .. Document filed by Jody Kriss. (Attachments: # (1) Exhibit August 9, 2003 Letter Agreement addressed to Jody Kriss and Executed by Felix Satter and Viktoria Sater)(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 494 Filed: 3/1/2017, Entered: 3/1/2017 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [484] MOTION for Sanctions . . Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 493 Filed: 2/28/2017, Entered: 2/28/2017 USCA Mandate
MANDATE of USCA (Certified Copy) as to [455] Notice of Interlocutory Appeal, filed by Felix Satter. USCA Case Number 17-44. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/28/2017. (nd)
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Legal Document (Payment Possibly Required) 492 Filed: 2/22/2017, Entered: 2/22/2017 USCA Mandate
MANDATE of USCA (Certified Copy) as to [432] Corrected Notice of Appeal filed by Jane Doe(s). USCA Case Number 16-3524. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/22/2017. (nd) Modified on 2/22/2017 (nd).
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Legal Document (Payment Possibly Required) 491 Filed: 2/21/2017, Entered: 2/21/2017 Declaration in Support of Motion
DECLARATION of J. Evan Shapiro in Support re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Complaint in Lauria v. Kriss, 152324/2014 (New York Sup. Ct. N.Y. Co.), # (2) Exhibit Complaint in Sater v. Kriss, et al., 159597/2016 (New York Sup. Ct. N.Y. Co.))(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 490 Filed: 2/21/2017, Entered: 2/21/2017 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [489] FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter. . Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 489 Filed: 2/21/2017, Entered: 2/21/2017 Motion to Dismiss
FIRST MOTION to Dismiss the Counterclaims of Defendants Bayrock Group LLC and Felix Satter., FIRST MOTION to Dismiss for Lack of Jurisdiction the Counterclaims of Defendants Bayrock Group LLC and Felix Satter.( Responses due by 3/7/2017, Return Date set for 2/14/2017 at 10:00 AM.) Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Blank 488 Filed: 2/7/2017, Entered: 2/7/2017 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting [487] Letter Motion for Extension of Time to Answer. Plaintiffs' time to move, file a reply, or otherwise respond to the counterclaims is extended to 2/21/17. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Legal Document (Payment Possibly Required) 487 Filed: 2/7/2017, Entered: 2/7/2017, Terminated: 2/7/2017 Motion for Extension of Time to File AnswerCourt Filing
FIRST LETTER MOTION for Extension of Time to File Answer re: [483] Order on Motion for Extension of Time to Amend, Order on Motion for Leave to File Document,,,,,,,,,, addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs dated February 7, 2017. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Email Agreement to Extend Plaintiffs' Time to Respond to Deft. Bayrock Group's Counterclaims until Feb. 28, 2017)(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 486 Filed: 2/3/2017, Entered: 2/3/2017 Declaration in Support of Motion
DECLARATION of Walter A. Saurack in Support re: [484] MOTION for Sanctions .. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Attachments: # (1) Exhibit A - excerpts from the transcript of the November 28, 2007 Deposition of Jody Kriss, # (2) Exhibit B - excerpts, including metadata, of Bayrock Management Dashboard reports dated January 2005 through April 2007, # (3) Exhibit C - excerpts from an email chain between Jody Kriss and Maria Simonchyk, re: Felixs bills, dated August 2, 2007, # (4) Exhibit D - two N.Y. Form M-10s signed by, among others, Jody Kriss on February 9, 2006, and July 31, 2006, # (5) Exhibit E - email from Evan Shapiro to Walter Saurack, re: IMPT Bayrock Groups Santions [sic] 10 Civ. 3959 (LGS), dated January 24, 2017, # (6) Exhibit F - Judgment of Conviction of Felix Satter, # (7) Exhibit G - Letter from Professor Roy D. Simon to Walter Saurack, dated January 9, 2017)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 485 Filed: 2/3/2017, Entered: 2/3/2017 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [484] MOTION for Sanctions . . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 484 Filed: 2/3/2017, Entered: 2/3/2017 Motion for Sanctions
MOTION for Sanctions . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 483 Filed: 2/3/2017, Entered: 2/3/2017 Order on Motion for Extension of Time to AmendCourt Filing
ORDER granting [474] Letter Motion for Extension of Time to Amend ; granting [477] Letter Motion for Leave to File Document. it is hereby ORDERED as follows: Accordingly, Plaintiffs' application for leave to file a motion to strike or dismiss this pleading on the basis of such arguments (Dkt. 478) is denied; (DKt. 481) the Bayrock defendants' application for public filing is granted. The application by defendant Sater for an extension of time to file his Amended Answer (Dkt. 474) also contained a request for an extension of time, to January 31, 2017, for Plaintiffs to file their Answer (more accurately, their Reply) to defendant Bayrock Group LLC's counterclaims. It appears from the Docket that no such Reply has yet been filed. Absent further order of the Court, the Bayrock Group LLC is directed to file its Reply to the counterclaims within one week of the date of this Order. The parties shall make initial disclosures under Rule 26(a)(1) of the Federal Rules of Civil Procedure no later than February 21, 2017; All fact discovery shall be completed no later than September 29, 2017; Expert discovery shall be completed no later than December 29, 2017. In light of the above rulings, the Clerk of Court is directed to close Dkts. No. 474 and 477 on the Docket of this action. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 2/3/2017) (ama)
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Legal Document (Payment Possibly Required) 482 Filed: 2/3/2017, Entered: 2/3/2017 LetterCourt Filing
LETTER addressed to Magistrate Judge Debra C. Freeman from Evan Shapiro, Attorneys for Plaintiff Jody Kriss and Michael Chu'di Ejekam dated 2/01/2017 re: We write in response to the letter (and materials attached thereto) concerning a proposed motion for sanctions against our client Jody Kriss and our firm, sent by fax to your chambers today, by Walter S. Saurack, Saterlee Stephens LLP, counsel for the following defendants in the above referenced action: Bayrock Group LLC, Bayrock Spring Street LLC, Bayrock Ocean Club LLC, Bayrock Whitestone LLC, Bayrock Camelback LLC, Bayrock Merrimac LLC, Tevfik Arif and Julius Schwarz (collectively, the "Bayrock Defendants"). Document filed by Evan Shapiro. (ama)
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Legal Document (Payment Possibly Required) 481 Filed: 2/3/2017, Entered: 2/3/2017 LetterCourt Filing
LETTER addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated 2/01/2017 re: The Bayrock Defendants yesterday submitted to Judge Schofield a letter regarding the potential redaction of a pre-motion letter regarding the Bayrock Defendants' motion for dispositive sanctions. We were directed this morning by Judge Schofield's clerk to resubmit the letter to Your Honor. Document filed by Walter A. Saurack(ama)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Expert Discovery due by 12/29/2017. Fact Discovery due by 9/29/2017. (ama)
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Legal Document (Payment Possibly Required) 480 Filed: 2/2/2017, Entered: 2/2/2017 Amended Answer to Complaints
AMENDED ANSWER to [287] Amended Complaint,,., COUNTERCLAIM against All Plaintiffs. Document filed by Felix Satter. (Wolf, Robert)
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Legal Document (Payment Possibly Required) 479 Filed: 2/2/2017, Entered: 2/2/2017 LetterCourt Filing
LETTER addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated February 2, 2017 re: In Response to Plaintiffs' Letter. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 478 Filed: 2/1/2017, Entered: 2/1/2017 LetterCourt Filing
FIRST LETTER addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs Jody Kriss and Michael Chu'di Ejekam dated February 1, 2017 re: Defendant Felix Satter's Improper Filing of an Amended Answer in Violation of FRCP 15(a). Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 477 Filed: 2/1/2017, Entered: 2/1/2017, Terminated: 2/3/2017 Motion for Leave to File DocumentCourt Filing
LETTER MOTION for Leave to File Unredacted Amended Answer and Counterclaim addressed to Magistrate Judge Debra C. Freeman from Robert S. Wolf dated February 1, 2017. Document filed by Felix Satter. (Attachments: # (1) Exhibit A - E-mail from Rory F. Collins, # (2) Exhibit B - Letter dated January 31, 2017)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 476 Filed: 2/1/2017, Entered: 2/1/2017 Amended Answer to Complaints
AMENDED ANSWER to [287] Amended Complaint,,., COUNTERCLAIM against All Plaintiffs. Document filed by Felix Satter. (Wolf, Robert)
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Legal Document (Payment Possibly Required) 475 Filed: 1/31/2017, Entered: 1/31/2017 LetterCourt Filing
JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro and Charles J. Keeley dated January 31, 2017 re: proposed discovery schedule. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Keeley, Charles)
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Legal Document (Payment Possibly Required) 474 Filed: 1/30/2017, Entered: 1/30/2017, Terminated: 2/3/2017 Motion for Extension of Time to AmendCourt Filing
LETTER MOTION for Extension of Time to Amend [459] Answer to Amended Complaint addressed to Magistrate Judge Debra C. Freeman from Robert S. Wolf dated January 30, 2017. Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 473 Filed: 1/30/2017, Entered: 1/30/2017 Order on Motion for Extension of Time to AmendCourt Filing
ORDER terminating [470] Letter Motion for Extension of Time to Amend. This case is referred to Judge Freeman for general pretrial supervision. Counsel shall re-file this request addressed to Judge Freeman. (Signed by Judge Lorna G. Schofield on 1/30/2017) (kgo)
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Legal Document (Payment Possibly Required) 472 Filed: 1/30/2017, Entered: 1/30/2017 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 1/17/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(anc)
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Legal Document (Payment Possibly Required) 471 Filed: 1/30/2017, Entered: 1/30/2017 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Case Management Conference held on 1/17/2017 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 5/1/2017.(anc)
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Legal Document (Payment Possibly Required) 470 Filed: 1/27/2017, Entered: 1/27/2017, Terminated: 1/30/2017 Motion for Extension of Time to AmendCourt Filing
LETTER MOTION for Extension of Time to Amend [459] Answer to Amended Complaint and for Extension of Time to Answer Bayrock Group LLC's Counterclaim addressed to Judge Lorna G. Schofield from Robert S. Wolf dated January 27, 2017. Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 469 Filed: 1/18/2017, Entered: 1/18/2017 Notice of Appearance
NOTICE OF APPEARANCE by Matthew Handler on behalf of Felix Satter. (Handler, Matthew)
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Blank  Filed: None, Entered: None Case Management Conference
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 1/17/2017, ( Joint Proposed Discovery due by 1/31/2017., Case Management Conference set for 3/15/2017 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba)
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Legal Document (Payment Possibly Required) 468 Filed: 1/16/2017, Entered: 1/16/2017 LetterCourt Filing
LETTER addressed to Magistrate Judge Debra C. Freeman from Charles J. Keeley dated January 16, 2017 re: Response to Plaintiffs' Letter dated January 16, 2017. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC.(Keeley, Charles)
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Legal Document (Payment Possibly Required) 467 Filed: 1/16/2017, Entered: 1/16/2017 LetterCourt Filing
LETTER addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs Jody Kriss and Michael Chu'di Ejekam dated January 16, 2017 re: Defendants' Failure to Provide Plaintiffs with Information Necessary to Propose a Discovery Schedule. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 466 Filed: 1/10/2017, Entered: 1/10/2017 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Roberts & Holland LLP.(Besdin, Noam)
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Legal Document (Payment Possibly Required) 465 Filed: 1/9/2017, Entered: 1/9/2017 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bayrock Group, LLC for BayRock Camelback LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 464 Filed: 1/9/2017, Entered: 1/9/2017 Notice of Appearance
NOTICE OF APPEARANCE by Noam Besdin on behalf of Roberts & Holland LLP. (Besdin, Noam)
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Legal Document (Payment Possibly Required) 463 Filed: 1/6/2017, Entered: 1/6/2017 Answer to Amended Complaint
ANSWER to [287] Amended Complaint,,. Document filed by Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 462 Filed: 1/6/2017, Entered: 1/6/2017 Answer to Amended Complaint
ANSWER to [287] Amended Complaint,,., COUNTERCLAIM against Jody Kriss. Document filed by BayRock Whitestone LLC, BayRock Camelback LLC, BayRock Spring Street LLC, Bayrock Ocean Club LLC, Tevfik Arif, BayRock Group LLC, BayRock Merrimac LLC.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 461 Filed: 1/6/2017, Entered: 1/6/2017 Answer to Amended Complaint
ANSWER to [287] Amended Complaint,,. Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich.(Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 460 Filed: 1/6/2017, Entered: 1/6/2017 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich.(Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 459 Filed: 1/6/2017, Entered: 1/6/2017 Answer to Amended Complaint
ANSWER to [287] Amended Complaint,,. Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 458 Filed: 1/6/2017, Entered: 1/6/2017 Answer to Amended Complaint
ANSWER to [287] Amended Complaint,,. Document filed by Mel Dogan.(Kaley, John)
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Legal Document (Payment Possibly Required) 457 Filed: 1/6/2017, Entered: 1/6/2017 Answer to Amended Complaint
ANSWER to [287] Amended Complaint,,. Document filed by Roberts & Holland LLP.(Brewer, John)
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Blank 456 Filed: 1/4/2017, Entered: 1/4/2017 Order on Motion to Adjourn ConferenceCourt Filing
ORDER granting [453] Letter Motion to Adjourn Conference. The conference scheduled for 1/9/17 is adjourned to 1/17/17 at 11:00 a.m. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Legal Document (Payment Possibly Required) 455 Filed: 1/3/2017, Entered: 1/3/2017, Terminated: 2/28/2017 Notice of Interlocutory Appeal
NOTICE OF INTERLOCUTORY APPEAL from [439] Memorandum & Opinion,,,,,,,,. Document filed by Felix Satter. Filing fee $ 505.00, receipt number 0208-13154274. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wolf, Robert)
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Blank  Filed: None, Entered: None Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [455] Notice of Interlocutory Appeal, filed by Felix Satter were transmitted to the U.S. Court of Appeals. (nd)
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Blank  Filed: None, Entered: None 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: [455] Notice of Interlocutory Appeal,. (nd)
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Legal Document (Payment Possibly Required) 454 Filed: 12/30/2016, Entered: 12/30/2016 Response to MotionCourt Filing
LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro, Simon & Patners LLP dated December 30, 2016 re: [453] LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Debra C. Freeman from Robert S. Wolf dated December 28, 2016. Objecting to Adjournment of Conference and Stating that Plaintiffs are Unavailable on January 19, 2017 for a conference. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 453 Filed: 12/28/2016, Entered: 12/28/2016, Terminated: 1/4/2017 Motion to Adjourn ConferenceCourt Filing
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Debra C. Freeman from Robert S. Wolf dated December 28, 2016. Document filed by Felix Satter.(Wolf, Robert)
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Blank  Filed: None, Entered: None USCA Case Number
USCA Case Number 16-3524 from the U.S. Court of Appeals, Second Circuit assigned to [432] Corrected Notice of Appeal filed by Jane Doe(s). (nd)
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Legal Document (Payment Possibly Required) 452 Filed: 12/22/2016, Entered: 12/22/2016 LetterCourt Filing
FIRST LETTER addressed to Magistrate Judge Debra C. Freeman from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs Jody L. Kriss and Michael Chu'di Ejekam dated December 22, 2016 re: Request by Deft. Felix Satter for Adjournment of Conference Scheduled for 1-9-17. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Shapiro, J. Evan)
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Blank  Filed: None, Entered: None Appeal Fee Payment
Appeal Fee Payment: for [432] Corrected Notice of Appeal. Filing fee $ 505.00, receipt number 0208-13131895. (Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 451 Filed: 12/16/2016, Entered: 12/16/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [450] MOTION for Reconsideration re; [439] Memorandum & Opinion,,,,,,,, . . Document filed by Felix Satter. (Wolf, Robert)
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Legal Document (Payment Possibly Required) 450 Filed: 12/16/2016, Entered: 12/16/2016, Terminated: 5/8/2017 Motion for Reconsideration
MOTION for Reconsideration re; [439] Memorandum & Opinion,,,,,,,, . Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 449 Filed: 12/16/2016, Entered: 12/16/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [448] MOTION for Reconsideration re; [439] Memorandum & Opinion,,,,,,,, . . Document filed by Elliot Pisem, Roberts & Holland LLP. (Brewer, John)
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Legal Document (Payment Possibly Required) 448 Filed: 12/16/2016, Entered: 12/16/2016, Terminated: 5/8/2017 Motion for Reconsideration
MOTION for Reconsideration re; [439] Memorandum & Opinion,,,,,,,, . Document filed by Elliot Pisem, Roberts & Holland LLP.(Brewer, John)
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Legal Document (Payment Possibly Required) 447 Filed: 12/16/2016, Entered: 12/16/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [446] MOTION for Reconsideration . . Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich. (Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 446 Filed: 12/16/2016, Entered: 12/16/2016, Terminated: 5/8/2017 Motion for Reconsideration
MOTION for Reconsideration . Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich.(Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 445 Filed: 12/16/2016, Entered: 12/16/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [444] MOTION for Reconsideration re; [439] Memorandum & Opinion,,,,,,,, . . Document filed by Mel Dogan. (Kaley, John)
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Legal Document (Payment Possibly Required) 444 Filed: 12/16/2016, Entered: 12/16/2016, Terminated: 5/8/2017 Motion for Reconsideration
MOTION for Reconsideration re; [439] Memorandum & Opinion,,,,,,,, . Document filed by Mel Dogan.(Kaley, John)
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Blank 443 Filed: 12/15/2016, Entered: 12/15/2016 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting in part and denying in part [440] Letter Motion for Extension of Time to Answer. Defendants' time to answer the Third Amended Complaint is extended to 1/6/17. This Court will hold a case management conference in this action on 1/9/17, at 11:30 a.m., in Courtroom 17A, at the U.S. Courthouse at 500 Pearl Street, New York, NY 10007. Counsel are directed to confer, prior to the conference, regarding a proposed discovery schedule. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Legal Document (Payment Possibly Required) 442 Filed: 12/14/2016, Entered: 12/14/2016 Memorandum of Law in Opposition to MotionCourt Filing
SECOND MEMORANDUM OF LAW in Opposition re: [440] LETTER MOTION for Extension of Time to File Answer re: [287] Amended Complaint,, addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated December 13, 2016. . Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 441 Filed: 12/14/2016, Entered: 12/14/2016 Memorandum of Law in Opposition to MotionCourt Filing
FIRST MEMORANDUM OF LAW in Opposition re: [440] LETTER MOTION for Extension of Time to File Answer re: [287] Amended Complaint,, addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated December 13, 2016. Additional Letter forthcoming later today. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Shapiro, J. Evan)
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Legal Document (Payment Possibly Required) 440 Filed: 12/13/2016, Entered: 12/13/2016, Terminated: 12/15/2016 Motion for Extension of Time to File AnswerCourt Filing
LETTER MOTION for Extension of Time to File Answer re: [287] Amended Complaint,, addressed to Magistrate Judge Debra C. Freeman from Walter A. Saurack dated December 13, 2016. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 439 Filed: 12/2/2016, Entered: 12/2/2016 Memorandum & OpinionCourt Filing
ORDER AND OPINION re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. filed by Bayrock Ocean Club LLC, Tevfik Arif, Elliot Pisem, Felix Satter, Salomon & Co., P.C., Roberts & Holland LLP, BayRock Group LLC, BayRock Spring Street LLC, Jerry Weinreich, Salvatore Lauria, BayRock Camelback LLC, Alex Salomon, BayRock Merrimac LLC, Julius Schwarz, BayRock Whitestone LLC, Mel Dogan.All other arguments in the parties' submissions related to this motion have been considered and determined to lack merit. For the foregoing reasons, Defendants' motion to dismiss is GRANTED with respect to the following herein. The motion is DENIED as to all other claims. For clarity the surviving claims and Defendants are as follows: Plaintiffs' substantive RICO claims as to Defendants Tevfik Arif, Felix Satter, Julius Schwarz, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street, LLC; Plaintiffs' RICO conspiracy claims as to Defendants Tevfik Arif, Felix Satter, Julius Schwarz, Alex Salomon, Jerry Weinreich, Salomon & Co.; Plaintiffs' fraudulent inducement claims, which are asserted against Defendants Bayrock Group LLC, Tevfik Arif, Felix Satter, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street, LLC; Plaintiffs' breach of contract claims, which are asserted against Defendants Bayrock Group LLC, Tevfik Arif, Felix Satter, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street, LLC; Plaintiffs' breach of fiduciary duty and aiding and abetting breach of fiduciary duty claims, which are asserted against Defendants Tevfik Arif, Felix Satter, Julius Schwarz, Bayrock Group LLC, Alex Salomon, Jerry Weinreich, Salomon & Co., Mel Dogan, Elliot Pisem, Roberts & Holland LLP; and Plaintiffs' alter ego/corporate veil piercing claims, which are asserted against Defendants Tevfik Arif, Felix Satter, Julius Schwarz. The Clerk of Court is directed to close the motion at Dkt. No. 330. (Signed by Judge Lorna G. Schofield on 12/2/2016) (kgo)
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Legal Document (Payment Possibly Required) 438 Filed: 11/2/2016, Entered: 11/2/2016 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [434] MOTION for Extension of Time to file Notice of Appeal, originally filed 10/17/16 as ECF 433 and hereby corrected as ordered., [433] MOTION for Extension of Time to File Notice of Appeal with respect to ECF 30, requesting it be held in abeyance as possibly unnecessary but still required to protect appeal rights. Reply is in respect of Motion timely filed pursuant to the 60-day provisions of FRAP 4 and entered October 17, 2016 along with that certain Notice of Appeal and refiled on October 18, 2016 by order of the court to correct a defective signature block.. Document filed by Jane Doe(s). (Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 437 Filed: 10/27/2016, Entered: 10/27/2016 Notice (Other)
NOTICE of Intent to Reply to Opposition in Motion Sequence 433 by Default Scheduling Unless the Court Wishes an Alternative re: [436] Memorandum of Law in Opposition to Motion, [434] MOTION for Extension of Time to file Notice of Appeal, originally filed 10/17/16 as ECF 433 and hereby corrected as ordered., [433] MOTION for Extension of Time to File Notice of Appeal with respect to ECF 30, requesting it be held in abeyance as possibly unnecessary but still required to protect appeal rights., [435] Order on Motion for Extension of Time. Document filed by Jane Doe(s). (Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 436 Filed: 10/26/2016, Entered: 10/26/2016 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [434] MOTION for Extension of Time to file Notice of Appeal, originally filed 10/17/16 as ECF 433 and hereby corrected as ordered. . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 435 Filed: 10/19/2016, Entered: 10/19/2016 Order on Motion for Extension of TimeCourt Filing
MEMO ENDORSEMENT with respect to [434] Motion for Extension of Time. ENDORSEMENT: Plaintiffs and Defendants shall respond to the Jane Doe Intervenors' request by October 26, 2016. (Signed by Judge Lorna G. Schofield on 10/19/2016) (kgo)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 10/26/2016 (kgo)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 10/26/2016 (kgo)
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Legal Document (Payment Possibly Required) 434 Filed: 10/18/2016, Entered: 10/18/2016, Terminated: 3/6/2017 Motion for Extension of Time
MOTION for Extension of Time to file Notice of Appeal, originally filed 10/17/16 as ECF 433 and hereby corrected as ordered. Document filed by Jane Doe(s), Jane Doe(s).(Oberlander, Frederick)
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Blank  Filed: None, Entered: None Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [432] Corrected Notice of Appeal filed by Jane Doe(s) were transmitted to the U.S. Court of Appeals. (tp)
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Blank  Filed: None, Entered: None Appeal Fee Due
Appeal Fee Due: for [432] Corrected Notice of Appeal. Appeal fee due by 11/1/2016. (tp)
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Blank  Filed: None, Entered: None 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: [432] Corrected Notice of Appeal. (tp)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Frederick Martin Oberlander to RE-FILE Document [433] MOTION for Extension of Time to File Notice of Appeal with respect to ECF 30, requesting it be held in abeyance as possibly unnecessary but still required to protect appeal rights. ERROR(S): No signature or s/. (db)
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Legal Document (Payment Possibly Required) 433 Filed: 10/17/2016, Entered: 10/17/2016, Terminated: 10/17/2016 Motion for Extension of Time
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Extension of Time to File Notice of Appeal with respect to ECF 30, requesting it be held in abeyance as possibly unnecessary but still required to protect appeal rights. Document filed by Jane Doe(s).(Oberlander, Frederick) Modified on 10/18/2016 (db).
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Legal Document (Payment Possibly Required) 432 Filed: 10/17/2016, Entered: 10/17/2016, Terminated: 2/22/2017 Corrected Notice of Appeal
CORRECTED NOTICE OF APPEAL re: [279] Notice of Appeal, [431] Notice of Appeal, [430] Endorsed Letter,,. Document filed by Jane Doe(s). (Attachments: # (1) Exhibit The endorsed order appealed from.)(Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 431 Filed: 10/17/2016, Entered: 10/17/2016, Terminated: 3/1/2017 Notice of Appeal
FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Jane Doe(s). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Oberlander, Frederick) Modified on 10/17/2016 (nd).
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Notice of Appeal
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Oberlander, Frederick to RE-FILE Document No. [431] Notice of Appeal,.. The filing is deficient for the following reason(s): the endorsed letter/order/judgment being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct endorsed letter being appealed. (nd)
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Blank  Filed: None, Entered: None Notice of Reassignment of Referral to Magistrate Judge
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Debra C. Freeman, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Frank Maas no longer referred to the case. (ad)
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Blank  Filed: None, Entered: None Notice of Redesignation to Magistrate Judge
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra C. Freeman. Please note that this is a reassignment of the designation only. (ad)
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Legal Document (Payment Possibly Required) 430 Filed: 8/17/2016, Entered: 8/17/2016 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated 8/15/2016 re: We request that the Court order the continued redaction of the yellow highlighted portion on page 46 of Oberlander's Exhibit A. ENDORSEMENT: Application granted. The yellow highlighted text on page 46 of the Complaint shall remain redacted. The Jane Doe intervenors' objection in Docket No. 429 is overruled. Counsel for the Jane Doe intervenors is admonished not to file on the public docket any statements that relate the contents of Sater's PSR. (Signed by Judge Lorna G. Schofield on 8/17/2016) (lmb)
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Legal Document (Payment Possibly Required) 429 Filed: 8/17/2016, Entered: 8/17/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander, counsel for intervenors dated 08/17/2016 re: Objection to belated request to seal public information.. Document filed by Frederick Oberlander. (Attachments: # (1) Exhibit Material from the public docket of 16-MC-706 (EDNY) (COGAN, J.))(Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 428 Filed: 8/12/2016, Entered: 8/12/2016 Redacted Document
REDACTION to [1] Complaint,, by Felix Satter(Wolf, Robert)
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Legal Document (Payment Possibly Required) 427 Filed: 8/10/2016, Entered: 8/10/2016 Order on Motion for Leave to File DocumentCourt Filing
ORDER granting [416] Letter Motion for Leave to File Document. It is hereby ORDERED that Defendant Sater's revised proposed redactions are approved. Counsel for Defendant Sater shall file the revised redacted version of the Complaint, unredacting the yellow highlighted text on pages 18, 38 and 46 by August 12, 2016, in accordance with Individual Rule III.C.3. The Clerk of Court is directed to close the motion at Docket No. 416. (Signed by Judge Lorna G. Schofield on 8/10/2016) (kgo)
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Legal Document (Payment Possibly Required) 426 Filed: 7/26/2016, Entered: 7/26/2016 OrderCourt Filing
ORDER: It is hereby ORDERED that counsel for Defendant Sater shall, by August 2, 2016, submit to the Court via Chambers Inbox, copying counsel for the Jane Doe Intervenors, a letter stating why each of the yellow and blue highlighted redactions in the Jane Doe Intervenors' Exhibit A should not be unredacted. (Signed by Judge Lorna G. Schofield on 7/26/2016) (kgo)
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Legal Document (Payment Possibly Required) 425 Filed: 7/20/2016, Entered: 7/20/2016 OrderCourt Filing
ORDER: It is hereby ORDERED that the Jane Doe intervenors shall email a copy of "Exhibit A" to the Chambers Inbox by 12:00 pm on July 21, 2016, copying counsel for the Bayrock Defendants and Defendant Sater. (Signed by Judge Lorna G. Schofield on 7/20/2016) (kgo)
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Legal Document (Payment Possibly Required) 424 Filed: 7/20/2016, Entered: 7/20/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander, counsel for intervenors dated 7/20/2016 re: Public docketing of letter sent to chambers accompanying submission of proposed further "un"-redactions of the initial complant in this matter, together with a brief filed in 13-273 CA2 further confirming public provenance. Document filed by Frederick Oberlander. (Attachments: # (1) Exhibit)(Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 423 Filed: 7/19/2016, Entered: 7/19/2016 Reply Memorandum of Law in Support of Motion
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Salvatore Lauria. (Liston, Joshua)
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Legal Document (Payment Possibly Required) 422 Filed: 7/19/2016, Entered: 7/19/2016 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Felix Satter. (Wolf, Robert)
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Legal Document (Payment Possibly Required) 421 Filed: 7/19/2016, Entered: 7/19/2016 Reply Memorandum of Law in Support of Motion
JOINT REPLY MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Co., P.C., Felix Satter, Julius Schwarz, Jerry Weinreich. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 420 Filed: 7/19/2016, Entered: 7/19/2016 Reply Memorandum of Law in Support of Motion
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 419 Filed: 7/19/2016, Entered: 7/19/2016 Reply Memorandum of Law in Support of Motion
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich. (Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 418 Filed: 7/19/2016, Entered: 7/19/2016 Reply to Response to Motion
REPLY to Response to Motion re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Elliot Pisem, Roberts & Holland LLP. (Brewer, John)
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Legal Document (Payment Possibly Required) 417 Filed: 7/19/2016, Entered: 7/19/2016 Reply Memorandum of Law in Support of Motion
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Mel Dogan. (Kaley, John)
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Legal Document (Payment Possibly Required) 416 Filed: 7/18/2016, Entered: 7/18/2016, Terminated: 8/10/2016 Motion for Leave to File DocumentCourt Filing
LETTER MOTION for Leave to File Request to Take Notice PLEASE NOTE THIS IS A LETTER REPLY TO THE JULY 15, 2016 ENTRY OF COUNSEL FOR MR. SATER AND THIS INCLUDES A REQUEST PER FRE 201, WHICH NEED NOT BE MADE BY MOTION, TO TAKE NOTICE OF THE CONTENT OF ANOTHER PUBLIC FEDERAL DISTRICT COURT DOCKET; THERE IS NO ECF FILING EVENT ASSOCIATED WITH THIS addressed to Judge Lorna G. Schofield from Frederick M. Oberlander, counsel for intervenors dated 7/18/2016. Document filed by Frederick Oberlander. (Attachments: # (1) Exhibit ECF 191-1 as entered on 16-706 EDNY July 13, 2016: May 2012 Motion to File Redacted Public Petition for Writ of Certiorari, # (2) Exhibit ECF 191-2 as entered on 16-706 EDNY July 13, 2016: May 2012 Redacted Public Petition for Writ of Certiorari, # (3) Exhibit ECF 191-4 as entered on 16-706 EDNY July 13, 2016: Mar 2013 Reply in Support of Redacted Public Petition for Writ of Certiorari)(Oberlander, Frederick)
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Blank 415 Filed: 7/15/2016, Entered: 7/15/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated July 15, 2016 re: in response to the Court's direction in ECF No. 411. Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 414 Filed: 6/30/2016, Entered: 6/30/2016 Order on Motion for Extension of TimeCourt Filing
ORDER granting [413] Letter Motion for Extension of Time. APPLICATION GRANTED. Counsel shall have until July 15, 2016, to resolve all contested redactions. The Clerk of Court is directed to close the case at Docket No. 413. (Signed by Judge Lorna G. Schofield on 6/30/2016) (kl)
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Legal Document (Payment Possibly Required) 413 Filed: 6/30/2016, Entered: 6/30/2016, Terminated: 6/30/2016 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Robert Wolf dated June 30, 2016. Document filed by Felix Satter.(Wolf, Robert)
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Legal Document (Payment Possibly Required) 412 Filed: 6/28/2016, Entered: 6/28/2016 LetterCourt Filing
FIRST LETTER addressed to Judge Lorna G. Schofield from Simon & Partners LLP, Attorneys for Plaintiffs dated June 28, 2016 re: Request for Oral Argument on Defendants' Joint Motion to Dismiss ECF No. 330. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Simon, Bradley)
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Legal Document (Payment Possibly Required) 410 Filed: 6/22/2016, Entered: 6/22/2016 Declaration in Opposition to Motion
DECLARATION of J. Evan Shapiro, Simon & Partners LLP in Opposition re: [330] JOINT MOTION to Dismiss the Third Amended Complaint.. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 409 Filed: 6/22/2016, Entered: 6/22/2016 Memorandum of Law in Opposition to Motion
SECOND MEMORANDUM OF LAW in Opposition re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. In Response to Defendants' Supplemental Memoranda of Law ISO Motion to Dismiss the Third Amended Cplt (ECF Nos. 370, 374, 375, 377, 379, 380). Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 411 Filed: 6/21/2016, Entered: 6/22/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [408] Letter filed by Richard E Lerner. ( Therefore, would you please advise if we should attempt a resolution with opposing counsel(s) before bothering the court (we assume only counsels for Bayrock and Sater participate as they are the only parties who participated before) or the court wishes to be involved. If the former we will email Exhibit A to counsels, else to the court in camera.) ENDORSEMENT: Without addressing the proper scope and duration of the de facto intervention by the Jane Doe intervenors, in the interest of efficiency, Mr. Oberlander shall email Exhibit A to counsel for Bayrock and Sater and they shall attempt to resolve all contested redactions. To the extent they cannot, by July 1, 2016, counsel for Bayrock and Sater shall file a response to the remaining Doe objections, and shall email any sealed or otherwise confidential documents necessary for the Court to adjudicate the matter., ( Responses due by 7/1/2016) (Signed by Judge Lorna G. Schofield on 6/21/2016) (ama)
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Legal Document (Payment Possibly Required) 408 Filed: 6/21/2016, Entered: 6/21/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander dated 6/21/2016 re: request for guidance with respect to submission of under seal document for in camera review, as to motion 393. Document filed by Richard E Lerner.(Lerner, Richard)
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Legal Document (Payment Possibly Required) 407 Filed: 6/20/2016, Entered: 6/20/2016 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Frederick M. Oberlander in Support re: [393] MOTION to Amend/Correct [392] MOTION to Intervene for Jane Doe 1, 2 & 3, lead Counsel Frederick M. Oberlander, to intervene with respect to motion to unseal. correcting submission due to upload error.. Document filed by Richard E Lerner. (Attachments: # (1) Exhibit B -- BusinessWeek Article, "The Case of the Gym Bag that Squealed.", # (2) Exhibit C -- Westlaw printout of petition for certiorari in Roe v. US)(Lerner, Richard)
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Legal Document 406 Filed: 6/20/2016, Entered: 6/20/2016 Redacted Document
REDACTION to [1] Complaint,, Pursuant to the Court's June 16, 2016 Order [401] by Felix Satter (Attachments: # (1) Exhibit Exhibits to Complaint)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 405 Filed: 6/20/2016, Entered: 6/20/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. Re-filed, unredacted brief (as per Order, Doc. 402). Document filed by Elliot Pisem, Roberts & Holland LLP. (Brewer, John)
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Legal Document (Payment Possibly Required) 404 Filed: 6/18/2016, Entered: 6/18/2016 Declaration in Opposition to Motion
DECLARATION of J. Evan Shapiro, Esq., Simon & Partners LLP in Opposition re: [330] JOINT MOTION to Dismiss the Third Amended Complaint.. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Exh. 1 2005 Kriss Employment Agmt, # (2) Exhibit Exh. 2 2004 Kriss Employment Agmt, # (3) Exhibit Exh. 3 Bayrock Group/FL Loan Agmt, # (4) Exhibit Exh. 4 2006 Ejekam Whitestone Agmt, # (5) Exhibit Exh. 5 2006 Ejekam Spring Street Agmt, # (6) Exhibit Exh. 6 - Amended Cplt in Thieriot v. Bayrock Ocean Club)(Simon, Bradley)
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Legal Document (Payment Possibly Required) 403 Filed: 6/18/2016, Entered: 6/18/2016 Memorandum of Law in Opposition to Motion
FIRST MEMORANDUM OF LAW in Opposition re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. in Opp. to Defts.' Joint Memorandum in Support of Mtn to Dismiss the TAC. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 402 Filed: 6/16/2016, Entered: 6/17/2016 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from John W. Brewer dated 6/15/16 re: Counsel writes to request modification of the Court's prior order (ECF No. 366) authorizing the filing of our supplemental brief under seal due to changed circumstances. ENDORSEMENT: Any objections to the unsealing of the R&H Defendants' Supplemental Brief, filed at Docket No. 370, shall be filed by June 17, 2016. If there are no objections, the R&H Defendants shall file an unredacted version of their Supplemental Brief by June 20, 2016. (Signed by Judge Lorna G. Schofield on 6/16/2016) (mro)
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Blank 401 Filed: 6/16/2016, Entered: 6/16/2016 OrderCourt Filing
ORDER: It is hereby ORDERED that the highlighted redactions are approved. Counsel for Defendant Sater shall file the approved redacted version of the Complaint by June 17, 2016, in accordance with Individual Rule III.C.3. (Signed by Judge Lorna G. Schofield on 6/16/2016) (lmb)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Brief due by 6/20/2016. (mro)
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Legal Document (Payment Possibly Required) 400 Filed: 6/15/2016, Entered: 6/15/2016 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Decision proceeding held on 05/31/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia)
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Legal Document (Payment Possibly Required) 399 Filed: 6/15/2016, Entered: 6/15/2016 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Decision held on 5/31/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/16/2016.(Grant, Patricia)
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Blank 398 Filed: 6/13/2016, Entered: 6/13/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter Saurack dated June 13, 2016 re: Order to Unseal the Verified Complaint. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Blank 397 Filed: 6/13/2016, Entered: 6/13/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated June 13, 2016 re: Response to the Court's May 31, 2016 Order [ECF 394]. Document filed by Felix Satter. (Attachments: # (1) Exhibit A - Chart)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 396 Filed: 6/3/2016, Entered: 6/3/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
ORDER granting in part [395] Letter Motion for Extension of Time to File Response/Reply: Application GRANTED in part. The deadline for Defendants to file their joint reply on common issues and supplemental reply briefs is adjourned from July 8, 2016, to July 19, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Legal Document (Payment Possibly Required) 395 Filed: 6/2/2016, Entered: 6/2/2016, Terminated: 6/3/2016 Motion for Extension of Time to File Response/ReplyCourt Filing
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [281] Order on Motion for Extension of Time to Amend, Joint Req to Adjourn Final Submission Date of Motion to Dismiss ECF No. 330 addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs on Behalf of All Parties dated June 2, 2016. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Simon, Bradley)
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Blank  Filed: None, Entered: None Mail Order by Certified Mail
Mailed a copy of [394] Order on Motion to Intervene, Order on Motion to Amend/Correct, to Brian Vodicka 777 Glen America #223 Dallas, Texas 75225. (ca)
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Blank 394 Filed: 5/31/2016, Entered: 5/31/2016 Order on Motion to InterveneCourt Filing
ORDER granting [392] Motion to Intervene; granting [393] Motion to Amend/Correct. It is hereby ORDERED that, for the reasons stated at the Conference, the Original Complaint and its attachments are unsealed to the extent they have been disclosed in the Israel action. Counsel for the Bayrock Defendants and Defendant Sater shall confer and email the documents to the Court for filing by June 13, 2016, with copies to counsel of record. It is further ORDERED that, by June 13, 2016, counsel for the Bayrock Defendants and Defendant Sater shall submit by email an in-camera submission of the Original Complaint which highlights the parts redacted in the Israel filing. It is further ORDERED that the Clerk of Court mail a copy of this Order to Mr. Vodicka at the following address herein. And email a copy of this Order to him at Vodicka100@gmail.com. It is further ORDERED that the Clerk of Court close the motions at Docket Nos. 392 and 393. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/31/2016) (kgo)
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Legal Document (Payment Possibly Required) 393 Filed: 5/31/2016, Entered: 5/31/2016, Terminated: 5/31/2016 Motion to Amend/Correct
MOTION to Amend/Correct [392] MOTION to Intervene for Jane Doe 1, 2 & 3, lead Counsel Frederick M. Oberlander, to intervene with respect to motion to unseal. correcting submission due to upload error. Document filed by Richard Lerner. Return Date set for 5/31/2016 at 11:30 AM. (Attachments: # (1) exhibits to be discussed at oral argument of motion to intervene)(Lerner, Richard)
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Blank 392 Filed: 5/31/2016, Entered: 5/31/2016, Terminated: 5/31/2016 Motion to Intervene
MOTION to Intervene for Jane Doe 1, 2 & 3, lead Counsel Frederick M. Oberlander, to intervene with respect to motion to unseal. Document filed by Richard Lerner. Return Date set for 5/31/2016 at 11:30 AM. (Attachments: # (1) exhibits to be discussed at oral argument of motion to intervene)(Lerner, Richard)
  • Attachment 1 exhibits to be discussed at oral argument of motion to intervene
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Blank  Filed: None, Entered: None Motion Hearing
Minute Entry for proceedings held before Judge Lorna G. Schofield: Motion Hearing held on 5/31/2016 (Court Reporter Tom Murray) (jcs)
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Blank  Filed: None, Entered: None Transmission to Sealed Records Clerk
Transmission to Sealed Records Clerk. Transmitted re: [394] Order on Motion to Intervene, Order on Motion to Amend/Correct,,,,,,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo)
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Blank  Filed: None, Entered: None Transmission to Docket Assistant Clerk
Transmission to Docket Assistant Clerk. Transmitted re: [394] Order on Motion to Intervene, Order on Motion to Amend/Correct,,,,,,,,, to the Docket Assistant Clerk for case processing. (kgo)
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Legal Document (Payment Possibly Required) 391 Filed: 5/27/2016, Entered: 5/27/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [387] Letter, filed by Telegraph Media Group, Associated Press. ENDORSEMENT: APPLICATION DENIED in part. The Court construes this letter as an application to intervene for the purpose of seeking the unsealing of the Original Complaint. The application to intervene is denied as the application to unseal is already before the Court and the Court will address it at the May 31, 2016 hearing. That hearing is public, and therefore counsel or anyone else may attend. (Signed by Judge Lorna G. Schofield on 5/27/2016) (kgo)
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Legal Document (Payment Possibly Required) 390 Filed: 5/27/2016, Entered: 5/27/2016 Notice of Appearance
NOTICE OF APPEARANCE by Stephen Jacobs on behalf of Alex Salomon, Salomon & Co., P.C., Jerry Weinreich. (Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 389 Filed: 5/27/2016, Entered: 5/27/2016 Notice of Appearance
NOTICE OF APPEARANCE by Louis Gerard Corsi on behalf of Alex Salomon, Salomon & Co., P.C., Jerry Weinreich. (Corsi, Louis)
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Legal Document (Payment Possibly Required) 388 Filed: 5/27/2016, Entered: 5/27/2016 Notice of Appearance
NOTICE OF APPEARANCE by Ronald E Joseph on behalf of Alex Salomon, Salomon & Co., P.C., Jerry Weinreich. (Joseph, Ronald)
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Blank 387 Filed: 5/26/2016, Entered: 5/26/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Katherine M. Bolger dated May 26, 2016 re: Letter from Associated Press and Telegraph Media Group Seeking to Unseal Original Complaint. Document filed by Associated Press, Telegraph Media Group.(Bolger, Katherine)
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Legal Document (Payment Possibly Required) 386 Filed: 5/25/2016, Entered: 5/25/2016 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from John W. Brewer dated 5/24/2016 re: Request to redact portions of supplemental brief. ENDORSEMENT: APPLICATION GRANTED in part. The R&H Defendants shall not serve an unredacted version of their brief on Plaintiff's Counsel; the redacted version of their brief filed at Docket No. 370 shall suffice. Plaintiffs' non-receipt of the unredacted version of the brief shall not be a basis for any change to the existing briefing schedule on the pending Motions to Dismiss. (Signed by Judge Lorna G. Schofield on 5/25/2016) (kgo)
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Legal Document (Payment Possibly Required) 385 Filed: 5/20/2016, Entered: 5/20/2016 OrderCourt Filing
ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for May 31, 2016 at 11:00 a.m., shall be rescheduled for May 31, 2016 at 11:30 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. SO ORDERED., Set Deadlines/Hearing as to ( Motion Hearing set for 5/31/2016 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/20/2016) (ama)
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Blank 384 Filed: 5/16/2016, Entered: 5/16/2016 Memorandum of Law
MEMORANDUM OF LAW In Opposition to Non-Party Brian Vodicka's Motion to Unseal. Document filed by Felix Satter. (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)(Wolf, Robert)
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Blank 383 Filed: 5/16/2016, Entered: 5/16/2016 Memorandum of Law in Opposition
MEMORANDUM OF LAW in Opposition to the Motion of Non-Party Brian Vodicka to Intervene and to Unseal Court Records. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 382 Filed: 5/6/2016, Entered: 5/6/2016 Order on Motion to Adjourn ConferenceCourt Filing
ORDER granting [372] Letter Motion to Adjourn Conference. APPLICATION GRANTED. The Initial Conference, scheduled for May 12, 2016, is cancelled. The Clerk of Court is directed to close the motion at Docket No. 372. (Signed by Judge Lorna G. Schofield on 5/6/2016) (mro)
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Legal Document (Payment Possibly Required) 381 Filed: 5/2/2016, Entered: 5/2/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
ORDER granting [367] Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. All responses to to Mr. Vodicka's motion to intervene and unseal the initial complaint shall be filed by May 16, 2016. The memoranda shall not exceed 10 double-spaced pages. The Clerk of Court is directed to close the motion at Docket No. 367. Responses due by 5/16/2016. (Signed by Judge Lorna G. Schofield on 5/2/2016) (kgo)
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Legal Document (Payment Possibly Required) 380 Filed: 4/29/2016, Entered: 4/29/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Salvatore Lauria. (Liston, Joshua)
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Legal Document (Payment Possibly Required) 379 Filed: 4/29/2016, Entered: 4/29/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Mel Dogan. (Kaley, John)
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Legal Document (Payment Possibly Required) 378 Filed: 4/29/2016, Entered: 4/29/2016 Notice of Appearance
NOTICE OF APPEARANCE by John Francis Kaley on behalf of Mel Dogan. (Kaley, John)
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Legal Document (Payment Possibly Required) 377 Filed: 4/29/2016, Entered: 4/29/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Felix Satter. (Wolf, Robert)
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Legal Document (Payment Possibly Required) 376 Filed: 4/29/2016, Entered: 4/29/2016 Declaration in Support of Motion
DECLARATION of Julius Schwartz in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint.. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Attachments: # (1) Exhibit A - employment agreement, # (2) Exhibit B - Bayrock Whitestone LLC's operating agreement, # (3) Exhibit C - Bayrock Camelback LLC's operating agreement)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 375 Filed: 4/29/2016, Entered: 4/29/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 374 Filed: 4/29/2016, Entered: 4/29/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich. (Jacobs, Stephen)
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Sealed Legal Document 373 Filed: 4/28/2016, Entered: 4/29/2016 Sealed Document
SEALED DOCUMENT placed in vault.(rz)
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Legal Document (Payment Possibly Required) 372 Filed: 4/28/2016, Entered: 4/28/2016, Terminated: 5/6/2016 Motion to Adjourn ConferenceCourt Filing
LETTER MOTION to Adjourn Conference scheduled for May 12, 2016 addressed to Judge Lorna G. Schofield from Walter A. Saurack dated April 28, 2016. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Attachments: # (1) Exhibit A - Transcript of January 26, 2016 conference)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 371 Filed: 4/28/2016, Entered: 4/28/2016 Declaration in Support of Motion
DECLARATION of John W. Brewer in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint.. Document filed by Elliot Pisem, Roberts & Holland LLP. (Attachments: # (1) Exhibit A to Brewer Declaration)(Brewer, John)
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Legal Document (Payment Possibly Required) 370 Filed: 4/28/2016, Entered: 4/28/2016 Memorandum of Law in Support of Motion
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Elliot Pisem, Roberts & Holland LLP. (Brewer, John)
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Legal Document (Payment Possibly Required) 369 Filed: 4/28/2016, Entered: 4/28/2016 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 01/26/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
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Legal Document (Payment Possibly Required) 368 Filed: 4/28/2016, Entered: 4/28/2016 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Status Conference held on 1/26/2016 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016.(ca)
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Legal Document (Payment Possibly Required) 367 Filed: 4/28/2016, Entered: 4/28/2016, Terminated: 5/2/2016 Motion for Extension of Time to File Response/ReplyCourt Filing
LETTER MOTION for Extension of Time to File Response/Reply to non-party Brian Vodicka's Motion to Unseal addressed to Judge Lorna G. Schofield from Robert S. Wolf dated April 28, 2016. Document filed by Felix Satter. (Attachments: # (1) Exhibit A - Docket in 12-mc-557)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 366 Filed: 4/27/2016, Entered: 4/27/2016 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from John W. Brewer dated 4/26/2016 re: R&H thus respectfully requests the Court's permission to redact such references in their publicly-filed brief. ENDORSEMENT: APPLICATION GRANTED in part. The R&H Defendants may file their motion to dismiss with the redactions proposed on the first page of Exhibit A; of the second page, the only redacted phrase shall be the three words identifying the other entity. All other highlighted text on the second page, including the footnote, shall be left unredacted. (Signed by Judge Lorna G. Schofield on 4/27/2016) (kgo)
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Blank 365 Filed: 4/25/2016, Entered: 4/25/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Stephen Jacobs dated April 25, 2016 re: letters from Plaintiff's counsel filed April 21, 2016. Document filed by Alex Salomon, Salomon & Co., P.C., Jerry Weinreich.(Jacobs, Stephen)
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Blank 364 Filed: 4/25/2016, Entered: 4/25/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [353] Letter, filed by Bayrock Ocean Club LLC, Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, Julius Schwarz, BayRock Whitestone LLC. ENDORSEMENT: APPLICATION DENIED for substantially the same reasons stated in the Court's April 22, 2016 Order filed at Docket No. 352. (Signed by Judge Lorna G. Schofield on 4/25/2016) (kgo)
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Legal Document (Payment Possibly Required) 363 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. BayRock Whitestone LLC served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 362 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. BayRock Spring Street LLC served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 361 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Bayrock Ocean Club LLC served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 360 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. BayRock Merrimac LLC served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 359 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss, Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 358 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss, Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 357 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Julius Schwarz served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 356 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Tevfik Arif served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq. Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 355 Filed: 4/25/2016, Entered: 4/25/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Mel Dogan served on 4/23/2016, answer due 5/16/2016. Service was accepted by John Kaley, Esq.. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 354 Filed: 4/22/2016, Entered: 4/25/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [351] Letter, filed by Michael Chu'Di Ejekam, Jody Kriss. ENDORSEMENT: The Court's Order at Docket No. 350 is VACATED; the motion to dismiss briefing deadlines adopted in the Court's March 18, 2016, Order remain. (Signed by Judge Lorna G. Schofield on 4/22/2016) (mro)
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Blank 353 Filed: 4/22/2016, Entered: 4/22/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated April 22, 2016 re: Plaintiffs' Letters dated April 21, 2016. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Blank 352 Filed: 4/22/2016, Entered: 4/22/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [346] Letter, filed by Michael Chu'Di Ejekam, Jody Kriss. ENDORSEMENT: Application Denied. The proffered information is not relevant to the limited matters currently before Judge Schofield, as the case has been referred to Judge Maas for General Pretrial Supervision. To the extent criminal conduct is alleged, counsel is advised to raise it with the Criminal Division of the United States Attorney's Office. (Signed by Judge Lorna G. Schofield on 4/22/2016) (tn)
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Blank 351 Filed: 4/22/2016, Entered: 4/22/2016 LetterCourt Filing
FIRST LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs dated 4/22/2016 re: Court's Order of 4-22-16 re Schedule for Motion(s) to Dismiss the Third Amended Complaint (ECF No. 350). Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Simon, Bradley)
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Legal Document (Payment Possibly Required) 350 Filed: 4/22/2016, Entered: 4/22/2016 Order on Motion to DismissCourt Filing
Vacated as per Judge's Order dated 4/22/2016, Doc. #354 ORDER with respect to [330] Motion to Dismiss: that in compliance with Individual Rule III. B. 4., the parties shall propose a briefing schedule by April 26, 2016. (Signed by Judge Lorna G. Schofield on 4/21/2016) (tn) Modified on 4/25/2016 (mro).
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Legal Document (Payment Possibly Required) 349 Filed: 4/22/2016, Entered: 4/22/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [344] SECOND LETTER MOTION for Extension of Time to File Response/Reply to non-party Brian Vodicka's Motion to Unseal addressed to Judge Lorna G. Schofield from Robert S. Wolf dated April 21, 2016 filed by Felix Satter. ENDORSEMENT: APPLICATION GRANTED. The parties shall have until May 2, 2016, to file responses to Mr. Vodicka's motion to intervene and to unseal the initial complaint. The memoranda shall not exceed 10 double-spaced pages. The hearing on the motion, scheduled for May 12, 2016, is adjourned to May 31, 2016, at 11:00 a.m. Set Deadlines/Hearing: Motion Hearing set for 5/31/2016 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/22/2016) (tn)
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Blank 348 Filed: 4/22/2016, Entered: 4/22/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [347] Letter, filed by Michael Chu'Di Ejekam, Jody Kriss. ENDORSEMENT: I did not issue any "order" during the conference on 10/6/15. I did say that the conduct then complained of, which I attributed to Mr. Sater, was colossally stupid. I continue to adhere to their view. I do not intend to take any action in response to this letter unless Judge Schofield otherwise directs. Finally, I take no position how as to what the appropriate scope of discovery in this matter will be. (Signed by Magistrate Judge Frank Maas on 4/21/2016) (cf)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 5/2/2016 (tn)
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Blank 347 Filed: 4/21/2016, Entered: 4/21/2016 LetterCourt Filing
FIRST LETTER addressed to Magistrate Judge Frank Maas from J. Evan Shapiro, Esq. dated April 21, 2016 re: Recent Threats by Deft. Felix Satter (aka Felix Sater) Against Plaintiffs. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Threatening Correspondence to from Defendant Felix Satter to Plaintiffs)(Simon, Bradley)
  • Attachment 1 Exhibit Threatening Correspondence to from Defendant Felix Satter to Plaintiffs
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Legal Document (Payment Possibly Required) 346 Filed: 4/21/2016, Entered: 4/21/2016 LetterCourt Filing
FIRST LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Simon & Partners LLP, Attorneys for Plaintiffs dated 04/21/2016 re: Request of Plaintiffs for Leave to File Brief re Defendants' Unclean Hands w/respect to Relief Sought by OSC of Feb. 1, 2016. Document filed by Michael Chu'Di Ejekam, Jody Kriss.(Simon, Bradley)
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Legal Document (Payment Possibly Required) 345 Filed: 4/21/2016, Entered: 4/21/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
ORDER granting [344] Letter Motion for Extension of Time to File Response/Reply re [344] SECOND LETTER MOTION for Extension of Time to File Response/Reply to non-party Brian Vodicka's Motion to Unseal addressed to Judge Lorna G. Schofield from Robert S. Wolf dated April 21, 2016. Application Granted. Responses due by 5/2/2016. (Signed by Judge Lorna G. Schofield on 4/21/2016) (ama)
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Legal Document (Payment Possibly Required) 344 Filed: 4/21/2016, Entered: 4/21/2016, Terminated: 4/21/2016 Motion for Extension of Time to File Response/ReplyCourt Filing
SECOND LETTER MOTION for Extension of Time to File Response/Reply to non-party Brian Vodicka's Motion to Unseal addressed to Judge Lorna G. Schofield from Robert S. Wolf dated April 21, 2016. Document filed by Felix Satter. (Attachments: # (1) Exhibit A)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 343 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. BayRock Group LLC served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq., Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 342 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. BayRock Camelback LLC served on 4/11/2016, answer due 5/2/2016. Service was accepted by Walter A. Saurack, Esq., Satterlee Stephens Burke & Burke LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 341 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Salvatore Lauria served on 4/14/2016, answer due 5/5/2016. Service was accepted by Michael P. Beys, Esq., Beys Liston Mobargha & Berland LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 340 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Salomon & Co., P.C. served on 4/11/2016, answer due 5/2/2016. Service was accepted by Stephen Jacobs, Esq., Landman Corsi Ballaine & Ford P.C.. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 339 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Roberts & Holland LLP served on 4/11/2016, answer due 5/2/2016. Service was accepted by John Brewer, Esq., STORCH AMINI & MUNVES PC. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 338 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Jerry Weinreich served on 4/11/2016, answer due 5/2/2016. Service was accepted by Stephen Jacobs, Esq., Landman Corsi Ballaine & Ford P.C.. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 337 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Felix Satter served on 4/11/2016, answer due 5/2/2016. Service was accepted by Robert S. Wolf, Esq., Moses & Singer LLP. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 336 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Elliot Pisem served on 4/11/2016, answer due 5/2/2016. Service was accepted by John Brewer, Esq., STORCH AMINI & MUNVES PC. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 335 Filed: 4/20/2016, Entered: 4/20/2016 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Alex Salomon served on 4/11/2016, answer due 5/2/2016. Service was accepted by Stephen Jacobs, Esq., Landman Corsi Ballaine & Ford P.C.. Document filed by Jody Kriss; Michael Chu'Di Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 334 Filed: 4/19/2016, Entered: 4/19/2016 Order for Initial Pretrial ConferenceCourt Filing
ORDER: Initial Conference set for 5/12/2016 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/19/2016) (kgo)
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Legal Document (Payment Possibly Required) 333 Filed: 4/15/2016, Entered: 4/15/2016 Declaration in Support of Motion
DECLARATION of Maria Simonchyk in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint.. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Co., P.C., Felix Satter, Julius Schwarz, Jerry Weinreich. (Attachments: # (1) Exhibit A - Jody Kriss's Employment Agreement, # (2) Exhibit B - Bayrock Spring Street Letter Agreement, # (3) Exhibit C - Bayrock Whitestone Letter Agreement, # (4) Exhibit D - Cover and Contents of complaint in Delaware Chancery Court, # (5) Exhibit E - Final Order of the Delaware Chancery Court, # (6) Exhibit F - Excerpts from the FL Loan Agreement, # (7) Exhibit G - Excerpts from the Bayrock Group LLC Operating Agreement, # (8) Exhibit H - Bayrock Spring Street LLC Operating Agreement, # (9) Exhibit I - Bayrock Whitestone LLC Operating Agreement)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 332 Filed: 4/15/2016, Entered: 4/15/2016 Declaration in Support of Motion
DECLARATION of Walter Saurack in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint.. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Co., P.C., Felix Satter, Julius Schwarz, Jerry Weinreich. (Attachments: # (1) Exhibit A - March 3, 2000 press release, # (2) Exhibit B - excerpts from the Governments Motion to Dismiss)(Saurack, Walter)
  • Attachment 1 Exhibit A - March 3, 2000 press release
  • Attachment 2 Exhibit B - excerpts from the Governments Motion to Dismiss
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Legal Document (Payment Possibly Required) 331 Filed: 4/15/2016, Entered: 4/15/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [330] JOINT MOTION to Dismiss the Third Amended Complaint. . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Co., P.C., Felix Satter, Julius Schwarz, Jerry Weinreich. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 330 Filed: 4/15/2016, Entered: 4/15/2016, Terminated: 12/2/2016 Motion to Dismiss
JOINT MOTION to Dismiss the Third Amended Complaint. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Co., P.C., Felix Satter, Julius Schwarz, Jerry Weinreich.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 329 Filed: 4/8/2016, Entered: 4/8/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
ORDER granting [328] Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. The parties shall have until April 25, 2016, to file responses to Mr. Vodicka's motion to intervene and to unseal the initial Complaint. The memoranda shall not exceed 10 double-spaced pages. Responses due by 4/25/2016. (Signed by Judge Lorna G. Schofield on 4/8/2016) (kgo)
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Legal Document (Payment Possibly Required) 328 Filed: 4/8/2016, Entered: 4/8/2016, Terminated: 4/8/2016 Motion for Extension of Time to File Response/ReplyCourt Filing
FIRST LETTER MOTION for Extension of Time to File Response/Reply to non-party Brian Vodicka's Motion to Unseal addressed to Judge Lorna G. Schofield from Robert S. Wolf dated April 8, 2016. Document filed by Felix Satter. (Attachments: # (1) Exhibit A - Cogan Order, # (2) Exhibit B - 2nd Cir. Mandate, # (3) Exhibit C - 2nd Cir. Mandate, # (4) Exhibit D - Cogan Docket)(Wolf, Robert)
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Blank 327 Filed: 4/7/2016, Entered: 4/7/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Casey Frank re: REQUEST FOR CIVIL COMPLAINT TO BE UNSEALED. (lmb)
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Blank 326 Filed: 4/7/2016, Entered: 4/7/2016 OrderCourt Filing
ORDER: WHEREAS, by email on April 5, 2016, the Court received the attached request from the Miami Herald that the original complaint in this case be unsealed; WHEREAS, a similar motion has been filed by another non-party, Brian Vodicka, and is due to be heard on May 12, 2016, at 11:00 a.m.; it is hereby ORDERED that counsel for Miami Herald may (but need not) seek to intervene in the action as an interested party, and join Vodicka's motion or file a separate motion. It is further ORDERED that the Clerk of Court (1) file the attached document on the Docket Sheet, and (2) mail a copy of this Order to the following address as further set forth in this order. Chambers will email a copy of this Order to mrvasquez@MiamiHerald.com. (Signed by Judge Lorna G. Schofield on 4/7/2016) Copies Sent By Chambers. (lmb)
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Blank 325 Filed: 4/6/2016, Entered: 4/6/2016 Reply Memorandum of Law in Oppisition to MotionCourt Filing
REPLY MEMORANDUM OF LAW in Opposition re: [321] LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lorna G. Schofield from Simon Miller dated April 4, 2016. . Document filed by Richard E Lerner. (Lerner, Richard)
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Blank 324 Filed: 4/6/2016, Entered: 4/6/2016 Reply Memorandum of Law in Oppisition to MotionCourt Filing
REPLY MEMORANDUM OF LAW in Opposition re: [272] LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Simon Miller dated February 12, 2016. In response to February 1, 2016 Order to Show Cause. Document filed by Frederick Oberlander. (Miller, Simon)
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Blank 323 Filed: 4/6/2016, Entered: 4/6/2016 Reply Memorandum of Law in Support
REPLY MEMORANDUM OF LAW in Support re: [269] Memorandum & Opinion,,,,,, / The Bayrock Defendants' Reply Brief in Response to the Court's February 1, 2016 Order to Show Cause and In Further Support of the Proposed Filing Injunction. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 322 Filed: 4/4/2016, Entered: 4/4/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
ORDER granting [321] Letter Motion for Extension of Time to File Response/Reply: Application Granted. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Blank 321 Filed: 4/4/2016, Entered: 4/4/2016, Terminated: 4/4/2016 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 April 4, 2016. Document filed by Frederick Oberlander.(Miller, Simon)
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Blank  Filed: None, Entered: None Appeal Fee Payment
Appeal Fee Payment: for [279] Notice of Appeal,. Filing fee $ 505.00, receipt number 0208-12138660. (Lerner, Richard)
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Legal Document (Payment Possibly Required) 320 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Tevfik Arif. (laq)
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Legal Document (Payment Possibly Required) 319 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Alex Salomon. (laq)
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Legal Document (Payment Possibly Required) 318 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Julius Schwarz. (laq)
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Legal Document (Payment Possibly Required) 317 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Salvatore Lauria. (laq)
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Legal Document (Payment Possibly Required) 316 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Salomon & Co., P.C.. (laq)
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Legal Document (Payment Possibly Required) 315 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Roberts & Holland LLP. (laq)
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Legal Document (Payment Possibly Required) 314 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Mel Dogan. (laq)
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Legal Document (Payment Possibly Required) 313 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Jerry Weinreich. (laq)
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Legal Document (Payment Possibly Required) 312 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Felix Satter. (laq)
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Legal Document (Payment Possibly Required) 311 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Elliot Pisem. (laq)
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Legal Document (Payment Possibly Required) 310 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to BayRock Whitestone LLC. (laq)
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Legal Document (Payment Possibly Required) 309 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to BayRock Spring Street LLC. (laq)
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Legal Document (Payment Possibly Required) 308 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to Bayrock Ocean Club LLC. (laq)
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Legal Document (Payment Possibly Required) 307 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to BayRock Merrimac LLC. (laq)
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Legal Document (Payment Possibly Required) 306 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to BayRock Group LLC. (laq)
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Legal Document (Payment Possibly Required) 305 Filed: 3/30/2016, Entered: 3/30/2016 Amended Summons Issued
ELECTRONIC AMENDED SUMMONS ISSUED as to BayRock Camelback LLC. (laq)
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Legal Document (Payment Possibly Required) 304 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jerry Weinreich, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 303 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Julius Schwarz, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 302 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to FELIX SATTER (aka FELIX SATER), re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 301 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Alex Salomon, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 300 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to SALOMON & CO., P.C., re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 299 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to ROBERTS & HOLLAND LLP, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 298 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Elliot Pisem, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 297 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Salvatore Lauria, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 296 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Mel Dogan, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 295 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BAYROCK WHITESONE LLC, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 294 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BAYROCK SPRING STREET, LLC, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley) Modified on 3/30/2016 (moh). Modified on 3/30/2016 (laq).
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Legal Document (Payment Possibly Required) 293 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BAYROCK OCEAN CLUB LLC, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley) Modified on 3/30/2016 (moh). Modified on 3/30/2016 (laq).
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Legal Document (Payment Possibly Required) 292 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BAYROCK MERRIMAC LLC, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley) Modified on 3/30/2016 (moh). Modified on 3/30/2016 (laq).
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Legal Document (Payment Possibly Required) 291 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bayrock Group LLC, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley) Modified on 3/30/2016 (moh). Modified on 3/30/2016 (laq).
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Legal Document (Payment Possibly Required) 290 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bayrock Camelback LLC, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 289 Filed: 3/29/2016, Entered: 3/29/2016 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Tevfik Arif, re: [287] Amended Complaint. Document filed by Michael Chu'Di Ejekam, Jody Kriss. (Simon, Bradley)
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Blank  Filed: None, Entered: None Mail Order by Certified Mail
Mailed a copy of [288] Order, Set Deadlines, to Brian Vodicka 777 Glen America #223 Dallas, Texas 75225. (ca)
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Blank 288 Filed: 3/28/2016, Entered: 3/28/2016 OrderCourt Filing
ORDER: WHEREAS, by mail on March 17, 2016, the Court received a motion for leave to intervene and a motion to unseal dockets and records of judicial proceedings in certain matters from non-party Brian Vodicka, and Vodicka indicated that he had served the motion on all counsel of record; it is hereby ORDERED that the parties of record in this case shall respond to Mr. Vodicka's motions by April 12, 2016, by memorandum not to exceed 10 double-spaced pages. It is further ORDERED that argument on the motion will be heard on May 12, 2016, in Courtroom 1106, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The Clerk of Court is directed to mail a copy of this Order to Mr. Vodicka at the following address: Brian Vodicka, 777 Glen America #223, Dallas, Texas 75225 and email a copy of this Order to him at Vodicka100@gmail.com. ( Responses due by 4/12/2016) (Signed by Judge Lorna G. Schofield on 3/28/2016) (mro)
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Blank  Filed: None, Entered: None Transmission to Docket Assistant Clerk
Transmission to Docket Assistant Clerk. Transmitted re: [288] Order, Set Deadlines, to the Docket Assistant Clerk for case processing. (mro)
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Blank 287 Filed: 3/23/2016, Entered: 3/23/2016 Amended Complaint
THIRD AMENDED COMPLAINT amending [204] Amended Complaint,, against Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, John Does 1-100, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Co., P.C., Felix Satter, Julius Schwarz, Jerry Weinreich with JURY DEMAND.Document filed by Jody Kriss, Michael Ejekam. Related document: [204] Amended Complaint,, filed by Jody Kriss, Michael Ejekam.(Simon, Bradley)
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Blank 286 Filed: 3/22/2016, Entered: 3/22/2016 Memorandum of Law in Opposition to MotionCourt Filing
MEMORANDUM OF LAW in Opposition re: [280] FIRST LETTER MOTION for Extension of Time to Amend [204] Amended Complaint,, [270] Letter, Unopposed Request for Leave to Amend the SAC and Related Proposed Changes in Briefing Schedule for Defendants' Motions to Dismiss addressed Response to Judge's February 1, 2016 Order. Document filed by Frederick Oberlander. (Miller, Simon)
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Legal Document (Payment Possibly Required) 285 Filed: 3/21/2016, Entered: 3/21/2016 Response in Opposition to MotionCourt Filing
RESPONSE in Opposition to Motion re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013. Response to Judge's order 269. Document filed by Richard E Lerner. (Lerner, Richard)
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Legal Document (Payment Possibly Required) 284 Filed: 3/21/2016, Entered: 3/21/2016 Affirmation in Support
AFFIRMATION of Robert S. Wolf in Support re: [282] Memorandum of Law in Support,. Document filed by Felix Satter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 283 Filed: 3/21/2016, Entered: 3/21/2016 Declaration in Support
DECLARATION of Walter Saurack in Support re: [282] Memorandum of Law in Support,. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Attachments: # (1) Exhibit A Class Action Complaint, # (2) Exhibit B- Gottdiener Motion to Dismiss)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 282 Filed: 3/21/2016, Entered: 3/21/2016 Memorandum of Law in Support
MEMORANDUM OF LAW in Support re: [269] Memorandum & Opinion,,,,,, . Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 281 Filed: 3/18/2016, Entered: 3/21/2016 Order on Motion for Extension of Time to AmendCourt Filing
ORDER granting [280] Letter Motion for Extension of Time to Amend. APPLICATION GRANTED. Plaintiffs shall amend their Second Amended Complaint, making only the amendments laid out in this letter. The revised schedule for the anticipated Motion to Dismiss is adopted. The page limits set out in the Court's February 9, 2016, Order remain. The Clerk of Court is directed to close the motion at Docket No. 280. (Signed by Judge Lorna G. Schofield on 3/18/2016) (kl)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Brief due by 4/29/2016. Motions due by 7/8/2016. Replies due by 7/8/2016. Responses to Brief due by 6/10/2016 (kl)
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Legal Document (Payment Possibly Required) 280 Filed: 3/17/2016, Entered: 3/17/2016, Terminated: 3/18/2016 Motion for Extension of Time to AmendCourt Filing
FIRST LETTER MOTION for Extension of Time to Amend [204] Amended Complaint,, [270] Letter, Unopposed Request for Leave to Amend the SAC and Related Proposed Changes in Briefing Schedule for Defendants' Motions to Dismiss addressed to Judge Lorna G. Schofield from Bradley D. Simon, Simon & Partners LLP, Attorneys for Plaintiffs Jody L. Kriss and Michael Ch'udi Ejekam and on Behalf of All Parties dated March 17, 2016. Document filed by Michael Ejekam, Jody Kriss.(Simon, Bradley)
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Blank  Filed: None, Entered: None Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [279] Notice of Appeal, filed by Frederick Oberlander were transmitted to the U.S. Court of Appeals. (nd)
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Blank  Filed: None, Entered: None 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: [279] Notice of Appeal,. (nd)
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Blank 279 Filed: 3/3/2016, Entered: 3/4/2016 Notice of Appeal
NOTICE OF APPEAL from [269] Opinion & Order. Document filed by Frederick Oberlander. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. [This appeal was dropped off at the night depository box at 11:12 PM on 03/03/2016]. (nd)
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Blank  Filed: None, Entered: None Appeal Fee Due
Appeal Fee Due: for [279] Notice of Appeal,. $505.00 Appeal fee due by 3/17/2016. (nd)
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Blank 278 Filed: 3/1/2016, Entered: 3/2/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on NOTICE OF APPEARANCE of Richard E. Lerner. ENDOSEMENT: SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/1/2016) (kgo)
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Blank 277 Filed: 3/1/2016, Entered: 3/2/2016 OrderCourt Filing
ORDER GRANTING MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING: The Court has considered the Motion for Permission for Electronic Case Filing. Finding that good cause exists, the Motion is GRANTED. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/1/2016) (kgo)
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Blank  Filed: None, Entered: None Mail Order by Certified Mail
Mailed a copy of [275] Order, to Richard E. Lerner, Esq. 122 West 27th Street, 12th Floor New York, New York 10001. (ca)
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Legal Document (Payment Possibly Required) 276 Filed: 2/22/2016, Entered: 2/22/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Richard Lerner dated 2/16/2016 re: Letter Motion for Enlargement Sine Die and for Clarification (Reconsideration) of Order ECF 269. Document filed by Richard Lerner. (spo)
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Blank 275 Filed: 2/22/2016, Entered: 2/22/2016 OrderCourt Filing
ORDER: It is hereby ORDERED that the time to file the parties' briefs is extended to March 21, 2016; any responses shall be due by April 4, 2016. It is further ORDERED that, in response to Lerner's request for "clarification of the exact charge that Mr. Oberlander and I are to defend against... and precisely all the factual and legal predicates that are elements of it," the parties are advised that the Court may issue the injunction preventing Oberlander and Lerner from using any of the Bayrock Documents in future court proceedings as a sanction, and sanctions are within the Court's inherent power. It is further ORDERED that Lerner's motion for reconsideration is DENIED as the Court has not yet made any factual findings with respect to the subject matter of the show cause order. It is further ORDERED that Lerner's request for an evidentiary hearing to be held before submission of papers is DENIED. An evidentiary hearing, if warranted, will be held after the parties' submission of their papers and before any injunction is issued. It is further ORDERED that Lerner's request to strike the Bayrock Defendant's opposition to his motion is DENIED. ORDERED that the Clerk of Court file the attached letter submission on ECF, add Richard Lerner as an interested party, and mail a copy of this Order to the pro se non-party respondent Richard Lerner at the address listed on the top of his attached letter submission. It is further ORDERED that if Lerner proceeds pro se, he is directed to file a notice of appearance as a pro se party by March 21, 2016, and submit a motion for permission to e-file. The appropriate forms can be found at http://www.nysd.uscourts.gov/forms.php, "Representing Yourself (Pro Se)" and http://www.cand.uscourts.gov/ECF/proseregistration, "E-filing Registration Instructions for Pro Se Litigants." If Lerner obtains replacement counsel, that counsel is directed to file a notice of appearance as soon as practicable. Future requests received via Chambers Inbox will not be addressed. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/22/2016) (spo)
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Blank  Filed: None, Entered: None Transmission to Docket Assistant Clerk
Transmission to Docket Assistant Clerk. Transmitted re: [275] Order to the Docket Assistant Clerk for case processing. (spo)
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Legal Document (Payment Possibly Required) 274 Filed: 2/18/2016, Entered: 2/18/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated February 18, 2016 re: Briefing on the Order to Show Cause. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 273 Filed: 2/16/2016, Entered: 2/16/2016 Order on Motion for Extension of TimeCourt Filing
ORDER granting [272] Letter Motion for Extension of Time. APPLICATION GRANTED. Defendants Oberlander and Lerner shall file any briefs by March 7, 2016; any responses shall be filed by March 21, 2016. The Clerk of Court is directed to close the motion at Docket No. 272. Brief due by 3/7/2016. Responses to Brief due by 3/21/2016 (Signed by Judge Lorna G. Schofield on 2/16/2016) (kgo)
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Blank 272 Filed: 2/12/2016, Entered: 2/12/2016, Terminated: 2/16/2016 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Simon Miller dated February 12, 2016. Document filed by Frederick Oberlander.(Miller, Simon)
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Legal Document (Payment Possibly Required) 271 Filed: 2/9/2016, Entered: 2/9/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [270] Letter, filed by BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Camelback LLC, BayRock Whitestone LLC. ENDORSEMENT: APPLICATION GRANTED IN PART. The foregoing schedule is adopted except that briefs designated as 40 pages shall need exceed 35 pages, exclusive of the caption and signatures which may be placed on separate unnumbered pages. ( Motions due by 6/17/2016.) (Signed by Judge Lorna G. Schofield on 2/9/2016) (kgo)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Brief due by 3/25/2016. Reply to Response to Brief due by 6/17/2016. Responses to Brief due by 5/20/2016 (kgo)
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Legal Document (Payment Possibly Required) 270 Filed: 2/8/2016, Entered: 2/8/2016 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated February 8, 2016 re: Joint Proposed Briefing Schedule for Defendants Motions to Dismiss. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Blank 269 Filed: 2/1/2016, Entered: 2/2/2016 Memorandum & OpinionCourt Filing
OPINION AND ORDER re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013. filed by BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Camelback LLC, BayRock Whitestone LLC, [147] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. filed by Frederick Oberlander.For the foregoing reasons, the Order is VACATED. No later than February 22, 2016, the parties shall file simultaneous briefs, not to exceed 25 pages, to show cause why an order should not be issued forbidding Frederick Oberlander and Richard Lerner from filing any action in federal court that appends any of the Bayrock Documents or relies on information from the Bayrock Documents, and from filing any action in state court without appending the order restricting the filing in federal court. Each party shall file a 15-page response no later than March 7, 2016. The opening briefs shall include a detailed factual recitation supported by citations, including a description of the proceedings, findings and appeals in and from all relevant actions including those in the Eastern District of New York and the Second Circuit Court of Appeals. Apart from the April 30, 2015, Order which is addressed herein, this Order shall not affect the prior order of any court restraining the possession or dissemination of the Bayrock Documents, and shall not be interepreted or deemed to do so without an explicit ruling from a court with authority to issue such a ruling. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/1/2016) (kgo)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Show Cause Response due by 3/7/2016. (kgo)
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Blank 268 Filed: 1/29/2016, Entered: 1/29/2016 OrderCourt Filing
ORDER: Pursuant to the in-court conference held on January 26, 2016, it is hereby ORDERED that: 1. By February 8, 2016, counsel for all parties shall confer and submit to Judge Schofield via ECF a joint proposed briefing schedule for Defendants' motions to dismiss, and send a copy to my chambers. 2. The proposed schedule shall set forth: Dates for the exchange of the pre-motion letters required by Judge Schofield's Individual Rule III.A.3; A date for submission of the joint brief by all Defendants on common issues; A date for the submission of any additional briefs by individual Defendants or groups of Defendants regarding separate issues, as well as a description of those issues; and Dates for the submission of all oppositions papers and replies. 3. The parties shall also set forth in their submission any requests for enlargements of the page limits articulated in Judge Schofield's Individual Rule III.B.1 and justifications therefor. 4. The Defendants' deadlines to answer or move with respect to the Second Amended Complaint are adjourned to the date Judge Schofield sets for the submission of the Defendants' joint brief. 5. Plaintiff's request to proceed with discovery, (see ECF No. 246), is denied. All discovery shall remain stayed pending resolution of Defendants' forthcoming motions to dismiss. In the interim, however, all parties are reminded of their duty to preserve all relevant information. (Signed by Magistrate Judge Frank Maas on 1/26/2016) (cf)
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Sealed Legal Document 267 Filed: 1/28/2016, Entered: 1/28/2016 Sealed Document
SEALED DOCUMENT placed in vault.(rz)
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Sealed Legal Document 266 Filed: 1/27/2016, Entered: 1/28/2016 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from SATTERLEE STEPHENS BURKE & BURKE LLP dated 1/26/2016 re: We write to request an Order to allow copies to be filed under seal, as further specified in this letter. ENDORSEMENT: APPLICATION GRANTED. By January 29, 2016, Defendants shall file under seal copies of (1) Exhibit 11 to the Saurack Declaration, (2) the November 19, 2013, Affidavit of Jody Kriss, and (3) Plaintiffs' Reply in Support of Motion to Disqualify, dated December 13, 2013. (Signed by Judge Lorna G. Schofield on 1/27/2016) (rjm)
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Blank  Filed: None, Entered: None Transmission to Sealed Records Clerk
Transmission to Sealed Records Clerk. Transmitted re: [266] Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
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Blank  Filed: None, Entered: None Status Conference
Minute Order Proceedings held before Magistrate Judge Frank Maas: Status Conference held on 1/26/2016. (mo)
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Legal Document (Payment Possibly Required) 265 Filed: 1/22/2016, Entered: 1/22/2016 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Walter A. Saurack dated January 22, 2016 re: Issues to be raised at January 26, 2016 Conference. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 264 Filed: 1/20/2016, Entered: 1/20/2016 Reply Memorandum of Law
REPLY MEMORANDUM OF LAW / Plaintiffs' Reply in Support of Motion to Disqualify (Redacted). Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Saurack, Walter)
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Legal Document 263 Filed: 1/20/2016, Entered: 1/20/2016 Affirmation in Opposition to Motion
AFFIRMATION of Jody Kriss (Redacted) in Opposition re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013.. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Saurack, Walter)
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Blank 262 Filed: 1/19/2016, Entered: 1/19/2016 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated 1/15/2016 re: Request to redact information. ENDORSEMENT: APPLICATION GRANTED. By January 20, 2016, Defendants shall (a) file under seal (1) Exhibit 11 to the Saurack Declaration, (2) the November 19, 2013, Affidavit of Jody Kriss, and (3) Plaintiffs' Reply in Support of Motion to Disqualify, dated December 13, 2013; and (b) file on ECF a redacted version of the latter two documents, all in accordance with the Court's Individual Rules. (Signed by Judge Lorna G. Schofield on 1/19/2016) (kgo)
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Legal Document (Payment Possibly Required) 261 Filed: 1/15/2016, Entered: 1/15/2016 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013. dated 12/06/2013. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 260 Filed: 1/15/2016, Entered: 1/15/2016 Declaration in Support of Motion
DECLARATION of Walter Saurack in Support re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013.. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 12)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 259 Filed: 1/15/2016, Entered: 1/15/2016 Declaration in Support of Motion
DECLARATION of Maria Simonchyk in Support re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013.. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Attachments: # (1) Exhibit A)(Saurack, Walter)
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Legal Document (Payment Possibly Required) 258 Filed: 1/15/2016, Entered: 1/15/2016 Declaration in Support of Motion
FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Walter Saurack in Support re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013.. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Saurack, Walter) Modified on 1/20/2016 (db).
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Legal Document (Payment Possibly Required) 257 Filed: 1/15/2016, Entered: 1/15/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [256] MOTION to Dismiss First Amended Complaint dated 10/18/2013. dated 10/18/2013. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 256 Filed: 1/15/2016, Entered: 1/15/2016, Terminated: 2/1/2016 Motion to Dismiss
MOTION to Dismiss First Amended Complaint dated 10/18/2013. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 255 Filed: 1/13/2016, Entered: 1/13/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [252] Letter, filed by Bayrock Ocean Club LLC, Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, Julius Schwarz, BayRock Whitestone LLC. ENDORSEMENT: In light of Judge Schofield's 1/11/16 memo endorsement (which accords with my own views), the conference will proceed as previously scheduled. (Signed by Magistrate Judge Frank Maas on 1/12/2016) (cf)
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Blank 254 Filed: 1/11/2016, Entered: 1/11/2016 OrderCourt Filing
ORDER: It is hereby ORDERED that by 5 p.m. on January 12, 2016, counsel for the Backrock Defendants shall email the Court, at Schofield_NYSDChambers@nysd.uscourts.gov, the motion and any supporting documents referenced in their March 24, 2015, letter. It is further ORDERED that the documents referenced in the whereas clauses above must be filed with the Court. All counsel shall confer and shall file their respective papers unredacted on ECF (indicating the actual date of the document) or, in compliance with Individual Rule I.C.3., apply to the Court by January 16, 2016, to file any of the documents in redacted form or entirelyunder seal. (Signed by Judge Lorna G. Schofield on 01/11/2016) (jcs)
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Blank 253 Filed: 1/11/2016, Entered: 1/11/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [252] Letter, filed by Bayrock Ocean Club LLC, Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, Julius Schwarz, BayRock Whitestone LLC. ENDORSEMENT: APPLICATION DENIED. This case was referred to Magistrate Judge Maas for General Pretrial Supervisionon July 23, 2013. The referral includes all matters relating to discovery. The decision whether to stay discovery lies with Judge Maas, but it is my view that discovery should not be stayed pending resolution of any motion to dismiss. Regarding the briefing schedule for the motion to dismiss, the parties shall follow the Court's Individual Rule III.B. 4. Should the parties or Judge Maas find it useful to discuss the briefing schedule at his conference, he is free to do so. (Signed by Judge Lorna G. Schofield on 1/11/2016) (kgo)
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Blank 252 Filed: 1/7/2016, Entered: 1/7/2016 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Walter A. Saurack dated January 7, 2016 re: pretrial conference. Document filed by Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Julius Schwarz.(Saurack, Walter)
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Blank 251 Filed: 1/6/2016, Entered: 1/6/2016 OrderCourt Filing
ORDER: WHEREAS, on November 14, 2013, Magistrate Judge Maas ordered that all opposition and reply papers that might be filed with respect to the Bayrock Defendants motion to strike allegations from the complaint and disqualify Mr. Frederick M. Oberlander as counsel, and Plaintiffs motion to disqualify counsel for the Bayrock Defendants, not be filed on ECF and instead be emailed to counsel and to Judge Maass court (Docket No. [64]); WHEREAS, Plaintiffs counsel has only recently appeared in the case but the Bayrock Defendants counsel has remained the same; it is hereby ORDERED that by 5 p.m. on January 8, 2016, counsel for the Bayrock Defendants shall email the Court, at Schofield_NYSDChambers@nysd.uscourts.gov, the documents that were emailed but not filed pursuant to the November 14, 2013 order. (Signed by Judge Lorna G. Schofield on 01/06/2016) (jcs)
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Legal Document (Payment Possibly Required) 250 Filed: 1/6/2016, Entered: 1/6/2016 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Salvatore Lauria waiver sent on 12/3/2015, answer due 2/1/2016. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 249 Filed: 1/5/2016, Entered: 1/6/2016 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [246] Letter, filed by Jody Kriss, Michael Ejekam. ENDORSEMENT: The Court will hold a conference on 1/26/16, at 5 pm., in Courtroom 20A. Any request to reschedule must set forth at least two dates during the weeks of 1/25, 2/1, or 2/15 when counsel could all be available either at 9 am or 5 pm, and must be submitted by 1/11/16. ( Initial Conference set for 1/26/2016 at 05:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/5/2016) (cf)
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Blank 246 Filed: 1/5/2016, Entered: 1/5/2016 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from J. Evan Shapiro, Esq., Simon & Parters LLP, Attorneys for Plaintiffs dated Jan. 4, 2016 re: Request for Pretrial Conference concerning discovery and schedules for forthcoming motions to dismiss. Document filed by Michael Ejekam, Jody Kriss.(Simon, Bradley)
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Blank 248 Filed: 1/4/2016, Entered: 1/5/2016 Stipulation and OrderCourt Filing
STIPULATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for plaintiffs Jody Kriss and Michael Chu'di Ejekam ("Plaintiffs") and defendants Elliot Pisem and Roberts & Holland LLP (the "R&H Defendants") that the time for the R&H Defendants to move, answer or otherwise respond to the Second Amended Complaint shall be extended to and includes February 22, 2016, without prejudice to the rights of the R&H Defendants to seek a further extension of the time to move, answer or otherwise respond to the Second Amended Complaint. (As further set forth in this Order.) SO ORDERED. (Elliot Pisem answer due 2/22/2016; Roberts & Holland LLP answer due 2/22/2016.) (Signed by Judge Lorna G. Schofield on 1/4/2016) (adc)
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Legal Document (Payment Possibly Required) 247 Filed: 1/4/2016, Entered: 1/5/2016 Stipulation and OrderCourt Filing
STIPULATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for plaintiffs Jody Kriss and Michael Chu'di Ejekam ("Plaintiffs") and defendants Alex Salomon, Jerry Weinrich, and Salomon & Co., P.C. (the "Salomon Defendants") that the time for the Salomon Defendants to move, answer or otherwise respond to the Second Amended Complaint shall be extended to and includes March 7, 2016. SO ORDERED. (As further set forth in this Order.) (Alex Salomon answer due 3/7/2016; Salomon & Co., P.C. answer due 3/7/2016; Jerry Weinreich answer due 3/7/2016.) (Signed by Judge Lorna G. Schofield on 1/4/2016) (adc) Modified on 1/5/2016 (adc).
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Legal Document (Payment Possibly Required) 245 Filed: 12/29/2015, Entered: 12/29/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Felix Satter waiver sent on 12/1/2015, answer due 2/1/2016. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 244 Filed: 12/23/2015, Entered: 12/23/2015 Notice of Appearance
NOTICE OF APPEARANCE by Jaime Burton Leggett on behalf of Elliot Pisem, Roberts & Holland LLP. (Leggett, Jaime)
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Legal Document (Payment Possibly Required) 243 Filed: 12/23/2015, Entered: 12/23/2015 Notice of Appearance
NOTICE OF APPEARANCE by John W Brewer on behalf of Elliot Pisem, Roberts & Holland LLP. (Brewer, John)
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Legal Document (Payment Possibly Required) 242 Filed: 12/23/2015, Entered: 12/23/2015 Stipulation and OrderCourt Filing
STIPULATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for plaintiffs Jody Kriss and Michael Chu'di Ejekam ("Plaintiffs") and defendants Bayrock Group LLC, Bayrock Ocean Club LLC, Bayrock Merrimac LLC, Bayrock Camelback LLC, Bayrock Whitestone LLC, Bayrock Spring Street LLC, Julius Schwarz and Tevfik Arif (the "Bayrock Defendants") that the time for the Bayrock Defendants to move, answer or otherwise respond to the Second Amended Complaint shall be extended to and includes March 7, 2016. (As further set forth in this Order.) (Tevfik Arif answer due 3/7/2016; BayRock Camelback LLC answer due 3/7/2016; BayRock Group LLC answer due 3/7/2016; BayRock Merrimac LLC answer due 3/7/2016; BayRock Spring Street LLC answer due 3/7/2016; BayRock Whitestone LLC answer due 3/7/2016; Bayrock Ocean Club LLC answer due 3/7/2016; Julius Schwarz answer due 3/7/2016.) (Signed by Judge Lorna G. Schofield on 12/23/2015) (adc)
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Legal Document (Payment Possibly Required) 241 Filed: 12/23/2015, Entered: 12/23/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Tevfik Arif waiver sent on 12/22/2015, answer due 2/20/2016. Document filed by Tevfik Arif. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 240 Filed: 12/23/2015, Entered: 12/23/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Julius Schwarz waiver sent on 12/7/2015, answer due 2/5/2016. Document filed by Julius Schwarz. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 239 Filed: 12/17/2015, Entered: 12/17/2015 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Mel Dogan served on 12/16/2015, answer due 1/6/2016. Service was made by MAIL. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 238 Filed: 12/16/2015, Entered: 12/16/2015 Notice of Appearance
NOTICE OF APPEARANCE by Carrie Susan Ford on behalf of Salomon & Co., P.C.. (Ford, Carrie)
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Legal Document (Payment Possibly Required) 237 Filed: 12/15/2015, Entered: 12/15/2015 Notice of Appearance
NOTICE OF APPEARANCE by Louis Gerard Corsi on behalf of Salomon & Co., P.C.. (Corsi, Louis)
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Legal Document (Payment Possibly Required) 236 Filed: 12/15/2015, Entered: 12/15/2015 Notice of Appearance
NOTICE OF APPEARANCE by Stephen Jacobs on behalf of Salomon & Co., P.C.. (Jacobs, Stephen)
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Legal Document (Payment Possibly Required) 235 Filed: 12/14/2015, Entered: 12/14/2015 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Jerry Weinreich served on 12/10/2015, answer due 12/31/2015. Service was accepted by Stephen Jacobs, Esq., Landman Corsi Ballaine & Ford P.C.. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 234 Filed: 12/14/2015, Entered: 12/14/2015 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Salomon & Co., P.C. served on 12/10/2015, answer due 12/31/2015. Service was accepted by Stephen Jacobs, Landman Corsi Ballaine & Ford P.C.. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Blank 233 Filed: 12/11/2015, Entered: 12/11/2015 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Alex Salomon served on 12/10/2015, answer due 12/31/2015. Service was accepted by Stephen Jacobs, Landman Corsi Ballaine & Ford P.C.. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Blank 232 Filed: 12/9/2015, Entered: 12/9/2015 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Roberts & Holland LLP served on 12/8/2015, answer due 12/29/2015. Service was accepted by John Brewer, Esq., STORCH AMINI & MUNVES PC. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 231 Filed: 12/9/2015, Entered: 12/9/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. BayRock Group LLC waiver sent on 12/1/2015, answer due 1/30/2016. Document filed by BayRock Group LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 230 Filed: 12/9/2015, Entered: 12/9/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. BayRock Merrimac LLC waiver sent on 12/1/2015, answer due 1/30/2016. Document filed by BayRock Merrimac LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 229 Filed: 12/9/2015, Entered: 12/9/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. BayRock Whitestone LLC waiver sent on 12/1/2015, answer due 1/30/2016. Document filed by BayRock Whitestone LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 228 Filed: 12/9/2015, Entered: 12/9/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. BayRock Camelback LLC waiver sent on 12/1/2015, answer due 1/30/2016. Document filed by BayRock Camelback LLC. (Saurack, Walter)
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Legal Document (Payment Possibly Required) 227 Filed: 12/9/2015, Entered: 12/9/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. BayRock Spring Street LLC waiver sent on 12/1/2015, answer due 1/30/2016. Document filed by BayRock Spring Street LLC. (Saurack, Walter)
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Blank 226 Filed: 12/9/2015, Entered: 12/9/2015 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Bayrock Ocean Club LLC waiver sent on 12/1/2015, answer due 1/30/2016. Document filed by Bayrock Ocean Club LLC. (Saurack, Walter)
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Blank 225 Filed: 12/8/2015, Entered: 12/8/2015 Summons Returned Executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Elliot Pisem served on 12/8/2015, answer due 12/29/2015. Service was accepted by John Brewer, Esq., STORCH AMINI & MUNVES PC. Document filed by Jody Kriss; Michael Ejekam. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 224 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Tevfik Arif. (moh)
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Legal Document (Payment Possibly Required) 223 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Salomon & Co., P.C.. (moh)
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Legal Document (Payment Possibly Required) 222 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Roberts & Holland LLP. (moh)
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Legal Document (Payment Possibly Required) 221 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Mel Dogan. (moh)
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Legal Document (Payment Possibly Required) 220 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Julius Schwarz. (moh)
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Legal Document (Payment Possibly Required) 219 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Jerry Weinreich. (moh)
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Legal Document (Payment Possibly Required) 218 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Elliot Pisem. (moh)
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Legal Document (Payment Possibly Required) 217 Filed: 12/3/2015, Entered: 12/3/2015 Summons Issued
ELECTRONIC SUMMONS ISSUED as to Alex Salomon. (moh)
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Legal Document (Payment Possibly Required) 216 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Salomon & Co., P.C., re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 215 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jerry Weinreich, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 214 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Julius Schwarz, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 213 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Alex Salomon, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 212 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Elliot Pisem, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 211 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Roberts & Holland LLP, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 210 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Mel Dogan, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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Blank 209 Filed: 12/2/2015, Entered: 12/2/2015 Request for Issuance of Amended Summons
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Tevfik Arif, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley)
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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 to RE-FILE Document No. [208] Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): AMENDED SUMMONS MUST HAVE THE WORD AMENDED on it - the PDF attached to the docket entry for the issuance of summons is not correct;. 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. (laq)
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Legal Document (Payment Possibly Required) 208 Filed: 12/1/2015, Entered: 12/1/2015 Request for Issuance of Amended Summons
FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Alex Salomon, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley) Modified on 12/2/2015 (laq).
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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 to RE-FILE Document No. [205] Request for Issuance of Summons, [207] Request for Issuance of Summons, [206] Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; The summons should say "amended summons in a civil action". 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. (moh)
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Legal Document (Payment Possibly Required) 207 Filed: 11/30/2015, Entered: 11/30/2015 Request for Issuance of Summons
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - - REQUEST FOR ISSUANCE OF SUMMONS as to Alex Salomon, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley) Modified on 12/1/2015 (moh).
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Legal Document (Payment Possibly Required) 206 Filed: 11/30/2015, Entered: 11/30/2015 Request for Issuance of Summons
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - - REQUEST FOR ISSUANCE OF SUMMONS as to Salomon & Co., P.C., re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley) Modified on 12/1/2015 (moh).
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Legal Document (Payment Possibly Required) 205 Filed: 11/30/2015, Entered: 11/30/2015 Request for Issuance of Summons
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - - REQUEST FOR ISSUANCE OF SUMMONS as to Roberts & Holland LLP, re: [204] Amended Complaint,,. Document filed by Michael Ejekam, Jody Kriss. (Simon, Bradley) Modified on 12/1/2015 (moh).
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Legal Document (Payment Possibly Required) 204 Filed: 11/23/2015, Entered: 11/23/2015 Amended Complaint
SECOND AMENDED COMPLAINT amending [1] Complaint,, [202] Amended Complaint,, against Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Bayrock Ocean Club LLC, Mel Dogan, John Does 1-100, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Company PC, Felix Satter, Julius Schwarz, Jerry Weinrich with JURY DEMAND.Document filed by Jody Kriss, Michael Ejekam. Related document: [1] Complaint,, filed by BayRock Spring Street LLC, Jody Kriss, BayRock Whitestone LLC, Michael Ejekam, [202] Amended Complaint,, filed by Jody Kriss, Michael Ejekam.(Simon, Bradley)
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Sealed Legal Document 203 Filed: 11/20/2015, Entered: 11/20/2015 Sealed Document
SEALED DOCUMENT placed in vault.(rz)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bradley Simon to RE-FILE Document No. [202] Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended 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. (moh)
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Blank 202 Filed: 11/19/2015, Entered: 11/19/2015 Amended Complaint
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending [1] Complaint,, against Tevfik Arif, BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC, Mel Dogan, John Does 1-100, Salvatore Lauria, Elliot Pisem, Roberts & Holland LLP, Alex Salomon, Salomon & Company PC, Felix Satter, Julius Schwarz, Jerry Weinrich, Bayrock Ocean Club LLC with JURY DEMAND.Document filed by Jody Kriss, Michael Ejekam. Related document: [1] Complaint,, filed by BayRock Spring Street LLC, Jody Kriss, BayRock Whitestone LLC, Michael Ejekam.(Simon, Bradley) Modified on 11/20/2015 (moh).
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Blank 201 Filed: 11/19/2015, Entered: 11/19/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Robert S. Wolf dated July 17, 2015 re: Kriss et al. v. Bayrock Group et al.; Filed Pursuant to Order Dated Nov. 16, 2015 (See Dkt. No. 199). Document filed by Felix Satter. (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E)(Wolf, Robert)
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Blank 200 Filed: 11/19/2015, Entered: 11/19/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Bradley D. Simon dated July 8, 2015 re: Kriss et al. v. Bayrock Group et al.; Filed by Defendants Pursuant to Order Dated Nov. 16, 2015 (See Dkt. No. 199). Document filed by Felix Satter.(Wolf, Robert)
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Blank 199 Filed: 11/16/2015, Entered: 11/16/2015 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated 11/13/2015 re: Proposed redactions. ENDORSEMENT: APPLICATION GRANTED. Defendants shall file both the Plaintiffs' Letter, dated July 8, 2015, and the Defendant's Letter, dated July 17, 2015, with the proposed highlighted material redacted. (Signed by Judge Lorna G. Schofield on 11/16/2015) (kgo)
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Blank 198 Filed: 11/9/2015, Entered: 11/9/2015 Order Adopting Report and RecommendationsCourt Filing
OPINION AND ORDER re: [178] Report and Recommendations. For the foregoing reasons, the Report is ADOPTED in its entirety. Plaintiffs' application for leave to amend the FAC is granted. No later than November 23, 2015, Plaintiffs shall (i) file on ECF the SAC, redacting the agreed upon language in paragraphs 100, 248(b) and 248(d); and (ii) file an unredacted version of the SAC under seal. Plaintiffs shall serve the SAC promptly on each of the Defendants. The application to require a formal motion for leave to amend is denied. The application for attorneys' fees as a sanction for the delays in the filing of the Complaint is denied without prejudice and may be renewed, if appropriate, after discovery is complete. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/9/2015) (kgo)
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Blank  Filed: None, Entered: None Set/Reset Deadlines
Set/Reset Deadlines: Amended Pleadings due by 11/23/2015. (kgo)
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Legal Document (Payment Possibly Required) 197 Filed: 11/6/2015, Entered: 11/6/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Bradley D. Simon, Simon & Partners; dated July 17, 2015 re: Joint Submission re Result of Parties Meet & Confer Concerning Whether Plaintiffs' Proposed Second Amended Complaint Contains or Could Only Have Been Drafted Based On Sealed or Privileged Material from the Bernstein Documents. Document filed by Michael Ejekam, Jody Kriss.(Simon, Bradley)
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Legal Document (Payment Possibly Required) 196 Filed: 11/4/2015, Entered: 11/4/2015 OrderCourt Filing
ORDER: It is hereby ORDERED that all three letters shall be filed promptly on ECF, except that, if the parties wish any part of any of the letters to be redacted, they shall email the letter to Judge Schofield's Chambers Inbox, explaining the reasons for seeking to file under seal, with any proposed redactions highlighted, in compliance with Individual Rule I.C.3. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/4/2015) (kgo)
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Legal Document (Payment Possibly Required) 195 Filed: 10/27/2015, Entered: 10/27/2015 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/06/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
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Legal Document (Payment Possibly Required) 194 Filed: 10/27/2015, Entered: 10/27/2015 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Telephone Conference held on 10/6/2015 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/28/2016.(ca)
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Blank 193 Filed: 10/9/2015, Entered: 10/9/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Robert S. Wolf dated October 9, 2015 re: Response in Opposition to Plaintiff's October 8, 2015 Letter (ECF No. 192). Document filed by Felix Satter.(Wolf, Robert)
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Blank 192 Filed: 10/8/2015, Entered: 10/8/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Simon & Partners LLP dated Oct. 8, 2015 re: Improper Filing of "Reply" to Objections to Aug. 2015 Report & Recommendation by Defendant Felix Satter (aka Felix Sater). Document filed by Michael Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Ex. 1 to Plaintiffs Letter 10-8-15)(Simon, Bradley)
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Blank 191 Filed: 10/6/2015, Entered: 10/6/2015 Reply Memorandum of Law in Support
REPLY MEMORANDUM OF LAW in Support re: [182] Objection to Report and Recommendations, . Document filed by Felix Satter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Wolf, Robert)
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Blank  Filed: None, Entered: None Telephone Conference
Minute Order Proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 10/6/2015. (mo)
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Blank 190 Filed: 10/5/2015, Entered: 10/5/2015 OrderCourt Filing
ORDER: A telephone conference in the above referenced matter shall be held on Tuesday, October 6, 2015, at 10:00 a.m. Counsel for the Plaintiffs and counsel for Defendant Satter are directed to participate. Counsel for the Plaintiffs should initiate that call by calling Chambers at (212) 805-6727., ( Telephone Conference set for 10/6/2015 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/2/2015) (lmb)
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Blank 189 Filed: 10/1/2015, Entered: 10/2/2015 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [187] Letter, filed by Jody Kriss, Michael Ejekam. ENDORSEMENT: As this matter has been referred to Judge Maas for general pretrial supervision, Defendants shall direct this request, and other similar requests, to him. (Signed by Judge Lorna G. Schofield on 10/1/2015) (mro)
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Legal Document (Payment Possibly Required) 188 Filed: 10/1/2015, Entered: 10/1/2015 Notice of Appearance
NOTICE OF APPEARANCE by Robert Barnes McFarlane on behalf of Felix Satter. (McFarlane, Robert)
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Blank 187 Filed: 9/30/2015, Entered: 9/30/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Bradley D. Simon, Simon & Partners LLP dated Sept. 30, 2015 re: Retaliatory Harassment by Defendant Felix Satter (aka Felix Sater) & Related Request for Conference. Document filed by Michael Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Exhibit 1 to Plaintiffs' Letter to Court 9/30/15)(Simon, Bradley)
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Blank 186 Filed: 9/30/2015, Entered: 9/30/2015 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [195] Letter, filed by Jody Kriss, Michael Ejekam. ENDORSEMENT: APPLICATION GRANTED. The Clerk of the Court is directed to strike the documents at ECF Nos. 184 through 193, and redesignate No. 194 as ECF 184. (Signed by Judge Lorna G. Schofield on 9/30/2015) (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [193] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [192] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [191] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [190] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [189] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [188] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [187] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [184] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [186] from the case record. The document was stricken from this case pursuant to [186](new) Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [185] from the case record. The document was stricken from this case pursuant to [186] Memo Endorsement,. (kgo) Modified on 9/30/2015 (kgo).
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Blank 185 Filed: 9/29/2015, Entered: 9/29/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from J. Evan Shapiro, Esq. dated Sept. 29, 2015 re: ECF Issues Concerning Plaintiffs' Response to Dft. Satter's 9-14-15 Objs to August 13, 2015 R&R. Document filed by Michael Ejekam, Jody Kriss.(Simon, Bradley) Modified on 9/30/2015 (kgo).
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Blank 184 Filed: 9/29/2015, Entered: 9/29/2015 Response
RESPONSE re: [182] Objection to Report and Recommendations, dated Aug. 13, 2015. Document filed by Michael Ejekam, Jody Kriss. (Attachments: # (1) Affidavit Affidavit of Jody L. Kriss 9/28/15, # (2) Affidavit Affirmation of J. Evan Shapiro 9/28/15, # (3) Exhibit Shapiro Aff. Ex. 1, # (4) Exhibit Shapiro Aff. Ex. 2, # (5) Exhibit Shapiro Aff. Ex. 3, # (6) Exhibit Shapiro Aff. Ex. 4, # (7) Exhibit Shapiro Aff. Ex. 5, # (8) Affidavit Affidavit of Bradley D. Simon 9/28/15, # (9) Exhibit Simon Aff. Ex. 1, # (10) Exhibit Simon Aff. Ex. 2, # (11) Exhibit Simon Aff. Ex. 3, # (12) Exhibit Simon Aff. Ex. 4, # (13) Exhibit Simon Aff. Ex. 5, # (14) Exhibit Simon Aff. Ex. 6, # (15) Exhibit Simon Aff. Ex. 7, # (16) Exhibit Simon Aff. Ex. 8, # (17) Exhibit Simon Aff. Ex. 9, # (18) Exhibit Simon Aff. Ex. 10, # (19) Exhibit Simon Aff. Ex. 11, # (20) Exhibit Simon Aff. Ex. 12, # (21) Exhibit Simon Aff. Ex. 13, # (22) Exhibit Simon Aff. Ex. 14, # (23) Exhibit Simon Aff. Ex. 15)(Simon, Bradley) Modified on 9/30/2015 (kgo).
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Sealed Legal Document 183 Filed: 9/15/2015, Entered: 9/15/2015 Sealed Document
SEALED DOCUMENT placed in vault.(mps)
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Legal Document (Payment Possibly Required) 182 Filed: 9/14/2015, Entered: 9/14/2015 Objection to Report and RecommendationsCourt Filing
OBJECTION to [178] Report and Recommendations of Chief Magistrate Judge Maas Document filed by Felix Satter. (Attachments: # (1) Transmittal Affirmation of Robert S. Wolf, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L)(Wolf, Robert)
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Legal Document (Payment Possibly Required) 181 Filed: 8/27/2015, Entered: 8/27/2015 Order on Motion for Extension of TimeCourt Filing
ORDER granting [180] Letter Motion for Extension of Time. Application GRANTED. The deadline to file objections to Judge Maas's Report and Recommendation is extended to September 14, 2015. Objections to R&R due by 9/14/2015. (Signed by Judge Lorna G. Schofield on 8/27/2015) (kgo)
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Blank 180 Filed: 8/26/2015, Entered: 8/26/2015, Terminated: 8/27/2015 Motion for Extension of TimeCourt Filing
FIRST LETTER MOTION for Extension of Time to file Objections to Chief Magistrate Judge Maas' Report and Recommendation addressed to Judge Lorna G. Schofield from Robert S. Wolf dated August 26, 2015. Document filed by Felix Satter.(Wolf, Robert)
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Sealed Legal Document 179 Filed: 8/17/2015, Entered: 8/17/2015 Sealed Document
SEALED DOCUMENT placed in vault.(mps)
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Blank 178 Filed: 8/13/2015, Entered: 8/13/2015 Report and RecommendationsCourt Filing
REPORT AND RECOMMENDATION TO THE HONORABLE LORNA G. SCHOFIELD: In sum, the plaintiffs have consented to the removal of certain objectionable language from the SAC. (See Pls.' July 8 Letter at 8, 16-17; July 17 Joint Letter at 2). I recommend that, subject to those redactions, the proposed SAC be accepted for filing and that it be promptly served on each of the defendants named therein. Thereafter, if any of the defendants wishes to challenge the sufficiency of the SAC, or raise other concerns, they can seek a pre-motion conference with Your Honor. I further recommend that the fee application be denied without prejudice to its renewal, if appropriate, at a later time. (As further set forth in this Order.) Objections to R&R due by 8/31/2015. (Signed by Magistrate Judge Frank Maas on 8/13/2015) (tro)
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Legal Document (Payment Possibly Required) 177 Filed: 8/4/2015, Entered: 8/4/2015 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 06/15/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
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Legal Document (Payment Possibly Required) 176 Filed: 8/4/2015, Entered: 8/4/2015 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Telephone Conference held on 6/15/2015 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2015. Redacted Transcript Deadline set for 9/8/2015. Release of Transcript Restriction set for 11/5/2015.(ca)
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Blank 174 Filed: 7/1/2015, Entered: 7/1/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Michael P. Beys dated July 1, 2015 re: Identifying Paragraphs In Second Amended Complaint Derived From Privileged Sources. Document filed by Felix Satter.(Beys, Michael)
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Legal Document (Payment Possibly Required) 173 Filed: 7/1/2015, Entered: 7/1/2015 Notice of Appearance
NOTICE OF APPEARANCE by Robert S. Wolf on behalf of Felix Satter. (Wolf, Robert)
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Blank 172 Filed: 7/1/2015, Entered: 7/1/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Walter A. Saurack dated July 1, 2015 re: Identify the Paragraphs in Plaintiffs' Proposed Second Amended Complaint to which Bayrock Objects on the Basis that the Paragraphs Incorporate Information from the First Amended Complaint that was Stricken by the Court. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Blank 171 Filed: 6/19/2015, Entered: 6/22/2015 OrderCourt Filing
ORDER. It is hereby ORDERED that: 1. By July 1, 2015, Defendants shall submit a letter to the Court identifying specific paragraphs in the Plaintiffs' second amended complaint that they believe are sourced from privileged documents. 2. By July 8, 2015, Plaintiffs may respond. 3. By July 17, the parties shall submit to the Court a joint letter identifying what paragraphs continue to be in dispute and on what grounds. (Signed by Magistrate Judge Frank Maas on 6/19/2015) Copies Sent By Chambers to All Counsel via ECF and Facsimile. (rjm)
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Blank 170 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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Blank  Filed: None, Entered: None Telephone Conference
Minute Order Proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/15/2015. (mo)
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Blank 169 Filed: 6/12/2015, Entered: 6/12/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated June 12, 2015 re: Opposing Richard Lerner's request to file an additional two-page letter brief in further support of his motion to set aside Magistrate Judge Maas' April 30, 2015 order. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Legal Document (Payment Possibly Required) 168 Filed: 6/11/2015, Entered: 6/11/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from non-party pro se respondent Richard E. Lerner dated June 11, 2015 re: Request for oral argument, and to bring to court's attention Berry v. Midtown Svc. Corp. case. Document filed by Richard E Lerner.(Lerner, Richard)
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Blank 167 Filed: 6/10/2015, Entered: 6/10/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated June 10, 2015 re: opposing Mr. Oberlander's request for oral argument. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Blank 166 Filed: 6/10/2015, Entered: 6/10/2015 Notice of Appearance
NOTICE OF APPEARANCE by Jamie E. Shapiro on behalf of Michael Ejekam, Jody Kriss. (Shapiro, Jamie)
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Blank 165 Filed: 6/9/2015, Entered: 6/9/2015 Brief
BRIEF in reply to defendant Sater and defendant Bayrock's opposition to brief objecting to Magistrate Maas's order directing the turnover and destruction of, inter alia, documentary evidence, public documents and attorney work product. Document filed by Richard E Lerner.(Lerner, Richard)
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Blank 164 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 ordeer by Magistrate Maas. Document filed by Frederick Oberlander.(Miller, Simon)
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Legal Document (Payment Possibly Required) 163 Filed: 6/9/2015, Entered: 6/9/2015 Declaration in Support of MotionCourt Filing
DECLARATION of Simon Miller in Support re: [149] MOTION to Set Aside [147] 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) 162 Filed: 6/9/2015, Entered: 6/9/2015 Reply Memorandum of Law in Support of MotionCourt Filing
REPLY MEMORANDUM OF LAW in Support re: [149] MOTION to Set Aside [147] 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) 161 Filed: 6/9/2015, Entered: 6/9/2015 Notice of HearingCourt Filing
NOTICE OF CONFERENCE: The telephone conference in the above referenced matter previously scheduled for June 15, 2015, at 3 p.m., has been rescheduled for June 15, 2015, at 1:45 p.m. Counsel for Plaintiff should initiate that conference. Requests for adjournment must be made to the Court, in writing, at least two business days prior to the conference. Telephone Conference set for 6/15/2015 at 01:45 PM before Magistrate Judge Frank Maas. (lmb)
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Sealed Legal Document 160 Filed: 6/8/2015, Entered: 6/8/2015 Sealed Document
SEALED DOCUMENT placed in vault.(nm)
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Legal Document (Payment Possibly Required) 159 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) 158 Filed: 6/3/2015, Entered: 6/3/2015 Order on Motion for Extension of Time to FileCourt Filing
ORDER denying as moot [135] Letter Motion for Extension of Time to File (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Legal Document (Payment Possibly Required) 157 Filed: 6/3/2015, Entered: 6/3/2015 Order on Motion for Extension of Time to FileCourt Filing
ORDER denying as moot[134] Letter Motion for Extension of Time to File (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Blank 156 Filed: 6/2/2015, Entered: 6/2/2015 Response in Opposition to MotionCourt Filing
RESPONSE in Opposition to Motion re: [147] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. . Document filed by Felix Satter. (Beys, Michael)
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Legal Document (Payment Possibly Required) 155 Filed: 6/1/2015, Entered: 6/2/2015 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [153] Letter filed by Felix Satter. ENDORSEMENT: Application GRANTED. Defendant Sater's response shall be filed no later than June 2, 2015, and any replies shall be filed by June 9, 2015. All filings shall follow previously ordered formatting guidelines. Future requests for adjournment will be denied if not made at least 48 hours prior to the deadline sought to be extended., ( Responses due by 6/2/2015, Replies due by 6/9/2015.) (Signed by Judge Lorna G. Schofield on 6/01/2015) (ama)
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Legal Document (Payment Possibly Required) 154 Filed: 5/29/2015, Entered: 5/29/2015 Response in Opposition to MotionCourt Filing
RESPONSE in Opposition to Motion re: [147] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. . Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Saurack, Walter)
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Blank 153 Filed: 5/29/2015, Entered: 5/29/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Michael P. Beys dated May 29, 2015 re: Requesting Two-Day Adjournment To File Brief. Document filed by Felix Satter.(Beys, Michael)
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Legal Document (Payment Possibly Required) 152 Filed: 5/15/2015, Entered: 5/15/2015 Declaration in Support of MotionCourt Filing
DECLARATION of Simon Miller in Support re: [147] 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) 151 Filed: 5/15/2015, Entered: 5/15/2015 Memorandum of Law in Support of MotionCourt Filing
MEMORANDUM OF LAW in Support re: [147] MOTION to Set Aside April 30, 2015 Order of Magistrate Judge Maas. . Document filed by Frederick Oberlander. (Miller, Simon)
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Blank  Filed: None, Entered: None 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 [149] MOTION to Set Aside [147] 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  Filed: None, Entered: None 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 [148] MOTION to Set Aside [147] 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 150 Filed: 5/14/2015, Entered: 5/14/2015 Brief
BRIEF in opposition to April 30, 2015 order of Magistrate Maas. Document filed by Richard E Lerner.(Lerner, Richard)
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Blank 149 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 [147] 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 5/15/2015 (db).
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Legal Document (Payment Possibly Required) 148 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 [147] 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 5/15/2015 (db).
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Legal Document (Payment Possibly Required) 147 Filed: 5/14/2015, Entered: 5/14/2015, Terminated: 2/1/2016 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) 146 Filed: 5/6/2015, Entered: 5/6/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Walter A. Saurack dated May 6, 2015 re: Former plaintiffs' counsel Frederick Oberlander and Richard Lerner's failure to comply with the April 30, 2015 order. Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Attachments: # (1) Exhibit Letter from Messrs. Oberlander and Lerner to defense counsel, claiming that computer problems prevented them for filing the letter on ECF)(Saurack, Walter)
  • Attachment 1 Exhibit Letter from Messrs. Oberlander and Lerner to defense counsel, claiming t
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Legal Document (Payment Possibly Required) 145 Filed: 5/4/2015, Entered: 5/4/2015 LetterCourt Filing
LETTER addressed to Magistrate Judge Frank Maas from Bradley D. Simon dated 5/1/15 re: Compliance with Court order. Document filed by Jody Kriss.(Simon, Bradley)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Event Type Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Bradley Drew Simon to RE-FILE Document [144] MOTION to Comply . Use the event type Letter found under the event list Other Documents. (ldi)
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Blank 144 Filed: 5/1/2015, Entered: 5/1/2015, Terminated: 5/1/2015 Motion to Comply
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Comply . Document filed by Jody Kriss.(Simon, Bradley) Modified on 5/4/2015 (ldi).
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Legal Document (Payment Possibly Required) 143 Filed: 5/1/2015, Entered: 5/1/2015 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Simon Miller dated 5/1/2015 re: We write to object to Judge Maas' Order. ENDORSEMENT: 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) 142 Filed: 4/30/2015, Entered: 4/30/2015 OrderCourt Filing
Vacated as per Judge's Order dated 2/1/2016, Doc. #269. 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., Attorney Frederick Martin Oberlander terminated., ( Amended Pleadings due by 6/5/2015.), ( Telephone Conference set for 6/15/2015 at 03:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 4/30/2015) Copies Faxed By Chambers. (lmb) Modified on 5/28/2015 (lmb). Modified on 2/2/2016 (kgo).
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Blank 141 Filed: 4/30/2015, Entered: 4/30/2015 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/14/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 140 Filed: 4/30/2015, Entered: 4/30/2015 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: conference held on 4/14/2015 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2015. Redacted Transcript Deadline set for 6/4/2015. Release of Transcript Restriction set for 8/3/2015.(McGuirk, Kelly)
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Blank  Filed: None, Entered: None Discovery Hearing
Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 4/14/2015. (Chambers, Richalyn)
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Blank 139 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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Blank 138 Filed: 3/27/2015, Entered: 3/27/2015 LetterCourt Filing
FIRST LETTER addressed to Judge Lorna G. Schofield from Michael P. Beys dated March 27, 2015 re: Mr. Oberlander's March 26 letter to the Court (ECF No. 134). Document filed by Felix Satter.(Beys, Michael)
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Legal Document (Payment Possibly Required) 137 Filed: 3/27/2015, Entered: 3/27/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated March 27, 2015 Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Blank 136 Filed: 3/27/2015, Entered: 3/27/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated March 27, 2015 Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Blank 135 Filed: 3/27/2015, Entered: 3/27/2015, Terminated: 6/3/2015 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to File addressed to Judge Lorna G. Schofield from Bradley D. Simon dated 3/27/15. Document filed by Jody Kriss.(Simon, Bradley)
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Blank 134 Filed: 3/26/2015, Entered: 3/26/2015, Terminated: 6/3/2015 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to File and serve all documents and other matters whatsoever pending addressed to Judge Lorna G. Schofield from Frederick M. Oberlander, Counsel for Plaintiffs dated 3/26/2015. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss.(Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 133 Filed: 3/26/2015, Entered: 3/26/2015 Notice of Appearance
NOTICE OF APPEARANCE by Bradley Drew Simon on behalf of Michael Ejekam. (Simon, Bradley)
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Blank 132 Filed: 3/26/2015, Entered: 3/26/2015 Notice of Appearance
NOTICE OF APPEARANCE by Bradley Drew Simon on behalf of Jody Kriss. (Simon, Bradley)
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Legal Document (Payment Possibly Required) 131 Filed: 3/26/2015, Entered: 3/26/2015 Affidavit in Support of MotionCourt Filing
AFFIDAVIT of Frederick M. Oberlander, Counsel for Plaintiffs in Support re: [119] LETTER MOTION for Extension of Time to File Affidavit Response to ECF 118 addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner Counsels for Plaintiffs dated 3/20/2015.. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 130 Filed: 3/26/2015, Entered: 3/26/2015 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated 03/24/2015 re: This office represents defendants Bayrock Group LLC, Bayrock Spring Street LLC, Bayrock Whitestone LLC, Bayrock Camelback LLC, and Bayrock Merrimac LLC (collectively herein, Bayrock). We write in response to the Courts March 23, 2015 Order (Dkt. No. 127). ENDORSEMENT: Plaintiffs shall file any response to the issues raised in this letter no later than March 27, 2015, at 3 p.m. EST. SO ORDERED. (Signed by Judge Lorna G. Schofield on 03/26/2015) (jcs)
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Legal Document (Payment Possibly Required) 129 Filed: 3/24/2015, Entered: 3/24/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Walter A. Saurack dated March 24, 2015 re: in response to the Court's March 23, 2015 Order (Dkt. No. 127). Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC.(Saurack, Walter)
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Blank 128 Filed: 3/23/2015, Entered: 3/23/2015 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander dated 03/20/2015 re: Wherefore the above, plaintiffs respectfully request the captioned relief, that a pre-motion conference be held as expeditiously as possible and that all further action be stayed or abeyed pending same. ENDORSEMENT: Application for conference DENIED. This letter is construed as a motion for a civil mistrial, disqualification and/or recusal. That motion is also DENIED. (Signed by Judge Lorna G. Schofield on 03/23/2015) (jcs)
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Blank 127 Filed: 3/23/2015, Entered: 3/23/2015 Order on Motion to Set AsideCourt Filing
ORDER denying [73] Motion to Set Aside: ORDERED that the Motion is DENIED as moot. The May 2014 Order prohibited further dissemination as a temporary measure until Plaintiffs complied with the Courts order to identify public sources for the allegations in the FAC. (Dkt. No. 68 at 14). Now that the matteris at an end (albeit with Plaintiffs non-compliance with the Courts order), the portion of the May 2014 Order preventing further dissemination WILL BE VACATED on March 30, 2015, unless any party moves for injunctive relief regarding the dissemination of such materials before that date. If such a motion is filed, the parties should jointly propose, or the Court will set, abriefing schedule. The Clerk of Court is directed to close the motion at Dkt. No. 73.. (Signed by Judge Lorna G. Schofield on 03/23/2015) (jcs)
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Blank 126 Filed: 3/23/2015, Entered: 3/23/2015 Order Adopting Report and RecommendationsCourt Filing
OPINION and ORDER ADOPTING REPORT AND RECOMMENDATIONS for [97] Report and Recommendations: Almost five years after this case was first filed, and despite over one hundred entries on the docket, there has been virtually no progress. No complaint has been docketed publicly. No defendant other than Bayrock has been served. Therefore, even as a matter of case administration, quite apart from sanctions, the remedy recommended in the Report is appropriate to overcome this impasse and move the case forward. For the foregoing reasons, the Report is ADOPTED in its entirety as the decision of the Court. Each paragraph, footnote and exhibit in the FAC to which Bayrock has objected on privilege, work product, or confidentiality grounds as listed in footnote 8 of the Report is hereby STRUCK. No later than March 30, 2015, Plaintiffs shall file on ECF and serve on all Defendants the FAC with the paragraphs, footnotes and exhibits listed in footnote 8 of the Report redacted. (Signed by Judge Lorna G. Schofield on 03/23/2015) (Attachments: # (1) Exhibit Exhibit A)(jcs)
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Blank 125 Filed: 3/22/2015, Entered: 3/22/2015 Affidavit in Support of MotionCourt Filing
AFFIDAVIT of Richard E. Lerner, Co-Counsel for Plaintiffs in Support re: [119] LETTER MOTION for Extension of Time to File Affidavit Response to ECF 118 addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner Counsels for Plaintiffs dated 3/20/2015.. Document filed by BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 124 Filed: 3/22/2015, Entered: 3/22/2015 Affidavit in Support of MotionCourt Filing
AFFIDAVIT of Frederick M. Oberlander, Counsel for Plaintiffs in Support re: [119] LETTER MOTION for Extension of Time to File Affidavit Response to ECF 118 addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner Counsels for Plaintiffs dated 3/20/2015.. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam. (Oberlander, Frederick)
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Blank 123 Filed: 3/20/2015, Entered: 3/20/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner, Counsels for Plaintiffs dated 3/20/15 re: Request per Individual Rule III.A.1 for expedited premotion conference in re planned and forthcoming motion(s) for mistrial, for disqualification, and for sanctions, with abatement and stay of all proceedings pending resolution thereof. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss.(Oberlander, Frederick)
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Blank 122 Filed: 3/20/2015, Entered: 3/20/2015 Affidavit in Support of MotionCourt Filing
AFFIDAVIT of Lerner in Support re: [119] LETTER MOTION for Extension of Time to File Affidavit Response to ECF 118 addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner Counsels for Plaintiffs dated 3/20/2015.. Document filed by BayRock Whitestone LLC, Michael Ejekam. (Oberlander, Frederick)
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Blank 121 Filed: 3/20/2015, Entered: 3/20/2015 Affidavit in Opposition to MotionCourt Filing
AFFIDAVIT of Oberlander in Opposition re: [119] LETTER MOTION for Extension of Time to File Affidavit Response to ECF 118 addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner Counsels for Plaintiffs dated 3/20/2015.. Document filed by BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Oberlander, Frederick)
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Legal Document (Payment Possibly Required) 120 Filed: 3/20/2015, Entered: 3/20/2015 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [119] Letter Motion for Extension of Time to File: Application GRANTED. If affidavits as described in the Order at Dkt. No. [118] are not filed on ECF by 3 p.m. Eastern Time on March 20, 2015, the Court will infer that Mr. Oberlander and Mr. Lerner do not represent Plaintiffs in this case. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Blank 119 Filed: 3/20/2015, Entered: 3/20/2015, Terminated: 3/20/2015 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to File Affidavit Response to ECF 118 addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard E. Lerner Counsels for Plaintiffs dated 3/20/2015. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss.(Oberlander, Frederick)
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Blank 118 Filed: 3/19/2015, Entered: 3/19/2015 OrderCourt Filing
ORDER: No later than March 20, 2015, at 12 p.m. Eastern Time, Mr. Oberlander and Mr. Lerner (counsel for Plaintiffs), shall each file a separate sworn affidavit on ECF, swearing to one of the following four statements: 1. "I have the authority to represent Plaintiffs Jody Kriss and Michael Ejekam in Kriss v. Bayrock Group, LLC, 10 Civ. 3959 (S.D.N.Y.)."; OR 2. "I have the authority to represent Plaintiff Jody Kriss, but not Plaintiff Michael Ejekam, in Kriss v. Bayrock Group, LLC, 10 Civ. 3959 (S.D.N.Y.)."; OR 3. "I have the authority to represent Plaintiff Michael Ejekam, but not Plaintiff Jody Kriss, in Kriss v. Bayrock Group, LLC, 10 Civ. 3959 (S.D.N.Y.)."; OR 4. "I do not have the authority to represent either Plaintiff Jody Kriss or Plaintiff Michael Ejekam in Kriss v. Bayrock Group, LLC, 10 Civ. 3959 (S.D.N.Y.)." Adverse inferences will be drawn if Mr. Oberlander and/or Mr. Lerner fails to make a timely submission as described above. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/19/2015) (ajs)
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Blank 117 Filed: 3/16/2015, Entered: 3/17/2015 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [116] Letter,,, filed by BayRock Spring Street LLC, Jody Kriss, BayRock Whitestone LLC, Michael Ejekam. ENDORSEMENT: Application DENIED in part as follows: 1. Request for telephone conference and leave to respond to the filing at Dkt. No. 115 (incorrectly identified as Dkt. No. 101 in this letter) is DENIED. Defendant Sater's filing is untimely and will not be considered by the Court. Accordingly, any response is unnecessary. 2. Request for oral argument on the Report and Recommendation at Dkt. No. 97 is DENIED. 3. Leave to file a corrected reply is DENIED as moot because the corrected reply is already on the docket as Attachment 1 to Dkt. No. 116. (Signed by Judge Lorna G. Schofield on 3/16/2015) (kgo)
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Legal Document (Payment Possibly Required) 116 Filed: 3/16/2015, Entered: 3/16/2015 LetterCourt Filing
LETTER addressed to Judge Lorna G. Schofield from Counsels for Plaintiffs Frederick M. Oberlander and Richard E. Lerner dated 3/16/2016 re: Requesting immediate teleconference or equivalent endorsement hereof confirming that Plaintiffs shall have 14 days to respond to allegations made in that certain March 13, 2015 filing of Defendant Sater -- also confirming our prior captioned requests for oral argument with brief explanation why it is necessary -- also requesting leave to correct certain non-substantive errata in our Reply previously filed as ECF 112.. Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Attachments: # (1) Exhibit Proposed replacement for ECF 112 (Reply to Objections) to correct four non-substantive errata, as set forth in the attached Errata Statement on the last page hereof and as set forth in the Letter which is the primary filing for this event.)(Oberlander, Frederick)
  • Attachment 1 Exhibit Proposed replacement for ECF 112 (Reply to Objections) to correct four n
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Legal Document (Payment Possibly Required) 115 Filed: 3/13/2015, Entered: 3/13/2015 LetterCourt Filing
FIRST LETTER addressed to Judge Lorna G. Schofield from Michael P. Beys dated March 13, 2015 re: Judge Maas's Report and Recommendation, dated January 14, 2015. Document filed by Felix Satter.(Beys, Michael)
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Blank 113 Filed: 3/6/2015, Entered: 3/6/2015 Response
RESPONSE re: [107] Objection to Report and Recommendations, [102] Objection to Report and Recommendations . Document filed by BayRock Camelback LLC, BayRock Group LLC, BayRock Merrimac LLC, BayRock Spring Street LLC, BayRock Whitestone LLC. (Saurack, Walter)
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Blank 112 Filed: 3/4/2015, Entered: 3/4/2015 Reply
REPLY re: [102] Objection to Report and Recommendations . Document filed by BayRock Spring Street LLC, BayRock Whitestone LLC, Michael Ejekam, Jody Kriss. (Oberlander, Frederick)
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