Schatzki et al v. Weiser Capital Management, LLC et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:10-cv-04685-RWS
District Judge Robert W. Sweet, presiding

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Last Updated February 21, 2017 at 12:06 AM ST (4.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo BPP Wealth, Inc., Plaintiff

Toggle Switch Represented by Lawler Mahon & Rooney Llp

Name Phone Fax E-Mail
Space Oliver Edwards, VII +1 212 584 2990 oedwards7@bplegal.com

Represented by Lawlor, Mahon & Rooney LLP

No Logo Debra Schatzki, Plaintiff

Toggle Switch Represented by Lawler Mahon & Rooney Llp

Name Phone Fax E-Mail
Space Oliver Edwards, VII +1 212 584 2990 oedwards7@bplegal.com

Toggle Switch Represented by Lawlor, Mahon & Rooney LLP

Name Phone Fax E-Mail
Space Christopher Stallings Rooney +1 212 584 2990 +1 212 584 2991 c.rooney@lmrnylaw.com
No Logo Hoitsz Michel, Counter-Claimant

Represented by Stark & Stark PC

No Logo Weiser Capital Management, LLC, Counter-Claimant

Represented by Stark & Stark PC

No Logo WeiserMazars LLP, Counter-Claimant

Represented by Stark & Stark PC

v.
No Logo Hoitsz Michel, Defendant

Represented by Stark & Stark PC

No Logo Weiser Capital Management, LLC, Defendant

Toggle Switch Represented by Stark & Stark PC

Name Phone Fax E-Mail
Space SCOTT I. UNGER +1 609 896 9060 sunger@stark-stark.com
No Logo WeiserMazars LLP, Defendant

Represented by Stark & Stark PC

No Logo BPP Wealth, Inc., Counter-Defendant

Represented by Lawlor, Mahon & Rooney LLP

No Logo Debra Schatzki, Counter-Defendant

Represented by Lawlor, Mahon & Rooney LLP

No Logo Brian S. Edelman, ThirdParty Defendant

Toggle Switch Represented by Lawlor, Mahon & Rooney LLP

Name Phone Fax E-Mail
Space Christopher Stallings Rooney +1 212 584 2990 +1 212 584 2991 c.rooney@lmrnylaw.com
No Logo Ebix, Inc., ThirdParty Defendant
No Logo Financial Computer Services, Inc., ThirdParty Defendant

Toggle Switch Represented by Lawlor, Mahon & Rooney LLP

Name Phone Fax E-Mail
Space Christopher Stallings Rooney +1 212 584 2990 +1 212 584 2991 c.rooney@lmrnylaw.com
No Logo Hoitsz Michel, ThirdParty Plaintiff

Represented by Stark & Stark PC

No Logo Weiser Capital Management, LLC, ThirdParty Plaintiff

Represented by Stark & Stark PC

No Logo WeiserMazars LLP, ThirdParty Plaintiff

Represented by Stark & Stark PC

Citation Section 28 U.S.C. § 1441
Nature of Suit 840 - Property Rights: Trademark
Office Foley Square
Filed 6/16/2010
Jury Demand Both
Demand
Cause Section 28 U.S.C. § 1441nr Notice of Removal
Jurisdiction Federal Question
Disposition
Fee Date 6/16/2010
Fee Status pd
Arbitration Code
Class Action n
Citizenship Plaintiff
Citizenship Defendant
Date Transferred
County NewYork
Terminated
Origin 3
Reopened 9/23/2015
Lead Case None
Related Case
Other Court Case 650556-10[State Court - Supreme]
Defendant Custody Status
Flags ECF,MEDT5,REOPEN
  Entries (410) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 335 Filed: 1/5/2017, Entered: 1/5/2017 OrderCourt Filing
ORDER: Pretrial Conference set for 2/21/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Please be advised that the conference scheduled for 1-10-17 has been rescheduled to 2-21-17 at 12 p.m. in Courtroom 18C. Please notify opposing counsel of the change. SO ORDERED. (Signed by Judge Robert W. Sweet on 1/5/2017) (anc)
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    Legal Document (Payment Possibly Required) 334 Filed: 12/15/2016, Entered: 12/15/2016 OrderCourt Filing
    ORDER: Please be advised that the conference scheduled for 12-13-16 has been rescheduled to 1-10-17 at 12pm in Courtroom 18C. Please notify opposing counsel of the change., ( Pretrial Conference set for 1/10/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 12/15/2016) (lmb)
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      Legal Document (Payment Possibly Required) 333 Filed: 11/10/2016, Entered: 11/10/2016 Pretrial OrderCourt Filing
      PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on 12-13-16 at 12pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. Prior to the appearance at the pretrial conference, all counsel appearing in the action shall have discussed any open issues as further set forth in this order., ( Pretrial Conference set for 12/13/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 11/10/2016) (lmb)
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        Legal Document (Payment Possibly Required) 332 Filed: 11/9/2016, Entered: 11/9/2016 Memorandum & OpinionCourt Filing
        OPINION # 106867 re: [312] MOTION for Partial Summary Judgment . filed by Weiser Capital Management, LLC, [321] CROSS MOTION for Partial Summary Judgment . filed by Debra Schatzki. Based on the facts and conclusions set forth above, the motion of the Defendant to strike the Plaintiff's illegality defense and Count IV is denied, and the cross-motion dismissing WCM's First Counterclaim is granted. (Signed by Judge Robert W. Sweet on 11/9/2016) (kgo)
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          Legal Document (Payment Possibly Required) 331 Filed: 7/27/2016, Entered: 7/27/2016 Declaration in Support of Motion
          DECLARATION of James J. Mahon in Support re: [321] CROSS MOTION for Partial Summary Judgment .. Document filed by BPP Wealth, Inc., Debra Schatzki. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Mahon, James)
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            Legal Document (Payment Possibly Required) 330 Filed: 7/27/2016, Entered: 7/27/2016 Memorandum of Law in Support of Motion
            MEMORANDUM OF LAW in Support re: [321] CROSS MOTION for Partial Summary Judgment . Plaintiffs' Memorandum of Law in Further Support of Cross-Motion. Document filed by BPP Wealth, Inc., Debra Schatzki. (Mahon, James)
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              Legal Document (Payment Possibly Required) 329 Filed: 7/19/2016, Entered: 7/19/2016 Memorandum & OpinionCourt Filing
              OPINION #329 re: [307] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from James J. Mahon dated May 4, 2016 filed by BPP Wealth, Inc., Debra Schatzki. Based on the conclusions set forth above, Plaintiff's motion is denied. This opinion resolves ECF No. 307. It is so ordered. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 7/18/2016) (kko) Modified on 7/26/2016 (ca).
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                Legal Document (Payment Possibly Required) 328 Filed: 7/15/2016, Entered: 7/15/2016 Declaration in Support of Motion
                DECLARATION of Scott I. Unger, Esq. in Support re: [313] MOTION for Partial Summary Judgment ., [312] MOTION for Partial Summary Judgment ., [314] MOTION for Partial Summary Judgment ., [321] CROSS MOTION for Partial Summary Judgment .. Document filed by Weiser Capital Management, LLC. (Attachments: # (1) Exhibit Exh. A, # (2) Exhibit Exh. B, # (3) Exhibit Exh. C)(Unger, Scott)
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                  Legal Document (Payment Possibly Required) 327 Filed: 7/15/2016, Entered: 7/15/2016 Counter Statement to Rule 56.1
                  COUNTER STATEMENT TO [325] Rule 56.1 Statement. Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                    Legal Document (Payment Possibly Required) 326 Filed: 7/15/2016, Entered: 7/15/2016 Reply Memorandum of Law in Oppisition to Motion
                    REPLY MEMORANDUM OF LAW in Opposition re: [313] MOTION for Partial Summary Judgment ., [312] MOTION for Partial Summary Judgment ., [314] MOTION for Partial Summary Judgment ., [321] CROSS MOTION for Partial Summary Judgment . Reply Memorandum of Law in Further Support of Defendant's Motion for Partial Summary Judgment and in Opposition to Plaintiffs' Cross-Motion. Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                      Legal Document (Payment Possibly Required) 325 Filed: 6/17/2016, Entered: 6/17/2016 Rule 56.1 Statement
                      RULE 56.1 STATEMENT. Document filed by Debra Schatzki. (Mahon, James)
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                        Legal Document (Payment Possibly Required) 324 Filed: 6/17/2016, Entered: 6/17/2016 Counter Statement to Rule 56.1
                        COUNTER STATEMENT TO [319] Rule 56.1 Statement. Document filed by Debra Schatzki. (Mahon, James)
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                          Legal Document (Payment Possibly Required) 323 Filed: 6/17/2016, Entered: 6/17/2016 Declaration in Opposition to Motion
                          DECLARATION of James J. Mahon in Opposition re: [321] CROSS MOTION for Partial Summary Judgment .. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit)(Mahon, James)
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                            Legal Document (Payment Possibly Required) 322 Filed: 6/17/2016, Entered: 6/17/2016 Memorandum of Law in Opposition to Motion
                            MEMORANDUM OF LAW in Opposition re: [321] CROSS MOTION for Partial Summary Judgment . . Document filed by Debra Schatzki. (Mahon, James)
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                              Legal Document (Payment Possibly Required) 321 Filed: 6/17/2016, Entered: 6/17/2016, Terminated: 11/9/2016 Motion for Partial Summary Judgment
                              CROSS MOTION for Partial Summary Judgment . Document filed by Debra Schatzki. Responses due by 7/15/2016 Return Date set for 8/4/2016 at 12:00 PM.(Mahon, James)
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                                Legal Document (Payment Possibly Required) 320 Filed: 5/31/2016, Entered: 5/31/2016 Stipulation and OrderCourt Filing
                                STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs/Counterclaim Defendants Debra Schatzki and BPP Wealth, Inc. ("Plaintiffs") and counsel for Defendant/Counterclaim Plaintiff WeiserMazars Wealth Advisors, LLC f/k/a Weiser Capital Management, LLC ("Defendant") that inasmuch as Defendant has moved for an order pursuant to Fed. R. Civ. P. 56 (1) striking Count IV of Plaintiffs' Third Amended Complaint and (2) striking the Eighth Affirmative Defense of illegality set forth in Plaintiffs Answer to Defendant's Counterclaims, currently returnable June 9, 2016, and Plaintiffs intend to cross-move: 1. The subject matter and relief sought by Plaintiffs' cross-motion, if any, shall be limited solely to the subject matter of Defendant's motion; 2. Plaintiffs' time to respond to Defendant's motion shall be and hereby is extended to June 17, 2016, and Plaintiffs' cross-motion shall also be filed and served on or before that date; 3. Defendant's time to respond to Plaintiffs' cross-motion, and reply to Plaintiffs' response to its motion, shall be and hereby is extended to July 15, 2016; 4. Plaintiffs' reply to Defendant's response to their cross-motion shall be filed on or before July 29, 2016; 5. Both Defendant's motion and Plaintiffs' cross-motion shall be returnable on August 4, 2016, and as per the Court's directive of May 23, 2016, oral argument will not be heard. (As further set forth in this Order.) Set Deadlines/Hearing as to [312] MOTION for Partial Summary Judgment: (Responses due by 6/17/2016, Replies due by 7/15/2016.) (Cross Motions due by 6/17/2016. Responses due by 7/15/2016, Replies due by 7/29/2016.) (Signed by Judge Robert W. Sweet on 5/31/2016) (kko)
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                                  Blank  Settlement Conference
                                  Minute Entry for proceedings held before Judge Robert W. Sweet: Settlement Conference held on 5/23/2016. Motion for partial summary judgment will be on submission.Motion to compel (letter) will be also on submission. (Chan, Tsz)
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                                    Legal Document (Payment Possibly Required) 319 Filed: 5/18/2016, Entered: 5/18/2016 Rule 56.1 Statement
                                    RULE 56.1 STATEMENT. Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                                      Legal Document (Payment Possibly Required) 318 Filed: 5/18/2016, Entered: 5/18/2016 Declaration in Support of Motion
                                      DECLARATION of Scott I. Unger, Esq. in Support re: [312] MOTION for Partial Summary Judgment .. Document filed by Weiser Capital Management, LLC. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E - Part 1, # (6) Exhibit Exhibit E - Part 2, # (7) Exhibit Exhibit E - Part 3, # (8) Exhibit Exhibit F, # (9) Exhibit Exhibit G, # (10) Exhibit Exhibit H, # (11) Exhibit Exhibit I)(Unger, Scott)
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                                        Legal Document (Payment Possibly Required) 317 Filed: 5/18/2016, Entered: 5/18/2016 Memorandum of Law in Support of Motion
                                        MEMORANDUM OF LAW in Support re: [312] MOTION for Partial Summary Judgment . . Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                                          Blank  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 Scott Ian Unger to RE-FILE Document [314] MOTION for Partial Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (db)
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                                            Blank  Notice to Attorney to Re-File Document - Event Type Error
                                            ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Scott Ian Unger to RE-FILE Document [313] MOTION for Partial Summary Judgment . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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                                              Legal Document (Payment Possibly Required) 316 Filed: 5/17/2016, Entered: 5/17/2016 Notice of Appearance
                                              NOTICE OF APPEARANCE by Oliver Edwards, VII on behalf of BPP Wealth, Inc., Debra Schatzki. (Edwards, Oliver)
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                                                Legal Document (Payment Possibly Required) 315 Filed: 5/17/2016, Entered: 5/17/2016 Endorsed LetterCourt Filing
                                                ENDORSED LETTER addressed to Judge Robert W. Sweet from Scott I. Unger dated 5/13/2016 re: I respectfully request that the motion be heard on May 23, 2016, in the event the settlement conference is "unfruitful." ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 5/17/2016) (kl)
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                                                  Legal Document (Payment Possibly Required) 314 Filed: 5/13/2016, Entered: 5/13/2016, Terminated: 5/13/2016 Motion for Partial Summary Judgment
                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment . Document filed by Weiser Capital Management, LLC. (Attachments: # (1) Text of Proposed Order, # (2) Memorandum of Law, # (3) Rule 56.1 Statement, # (4) Affidavit of Scott I. Unger, Esquire, # (5) Exhibit A, # (6) Exhibit B, # (7) Exhibit C, # (8) Exhibit D, # (9) Exhibit E - Part !, # (10) Exhibit E - Part 2, # (11) Exhibit E- Part 3, # (12) Exhibit F, # (13) Exhibit G, # (14) Exhibit H, # (15) Exhibit I)(Unger, Scott) Modified on 5/18/2016 (db).
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                                                    Legal Document (Payment Possibly Required) 313 Filed: 5/13/2016, Entered: 5/13/2016, Terminated: 5/13/2016 Motion for Partial Summary Judgment
                                                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Partial Summary Judgment . Document filed by Weiser Capital Management, LLC.(Unger, Scott) Modified on 5/18/2016 (db).
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                                                      Legal Document (Payment Possibly Required) 312 Filed: 5/13/2016, Entered: 5/13/2016, Terminated: 11/9/2016 Motion for Partial Summary Judgment
                                                      MOTION for Partial Summary Judgment . Document filed by Weiser Capital Management, LLC.(Unger, Scott)
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                                                        Legal Document (Payment Possibly Required) 311 Filed: 5/13/2016, Entered: 5/13/2016 Reply to Response to MotionCourt Filing
                                                        LETTER REPLY to Response to Motion addressed to Judge Robert W. Sweet from James J. Mahon dated May 13, 2016 re: [307] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from James J. Mahon dated May 4, 2016. . Document filed by BPP Wealth, Inc., Debra Schatzki. (Attachments: # (1) Exhibit C)(Mahon, James)
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                                                          Legal Document (Payment Possibly Required) 310 Filed: 5/11/2016, Entered: 5/11/2016 Response in Opposition to MotionCourt Filing
                                                          LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Scott I. Unger, Esq., counsel for Defendant/counterclaimant dated 5/11/2016 re: [307] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from James J. Mahon dated May 4, 2016. . Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                                                            Legal Document (Payment Possibly Required) 309 Filed: 5/9/2016, Entered: 5/9/2016 OrderCourt Filing
                                                            ORDER: Plaintiff's letter written pursuant to Local Rule 37.2, filed May 4, 2016, shall be treated as a motion and heard at noon on Thursday, May 19, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. ( Motion Hearing set for 5/19/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 5/9/2016) (mro)
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                                                              Legal Document (Payment Possibly Required) 308 Filed: 5/6/2016, Entered: 5/6/2016 LetterCourt Filing
                                                              LETTER addressed to Judge Robert W. Sweet from Scott I. Unger, Esq., counsel for Defendant/counterclaimant dated 5/6/2016 re: Plaintiff's Request for Pre-Motion Conference. Document filed by Weiser Capital Management, LLC.(Unger, Scott)
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                                                                Legal Document (Payment Possibly Required) 307 Filed: 5/4/2016, Entered: 5/4/2016, Terminated: 7/19/2016 Motion for Local Rule 37.2 ConferenceCourt Filing
                                                                LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from James J. Mahon dated May 4, 2016. Document filed by BPP Wealth, Inc., Debra Schatzki. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mahon, James)
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                                                                  Legal Document (Payment Possibly Required) 306 Filed: 4/22/2016, Entered: 4/22/2016 OrderCourt Filing
                                                                  ORDER: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Debra Schatzki v. Weiser Capital Management, LLC, et al., No. 10-cv-4685. The date(s) for which such authorization is provided is (are) May 23, 2016. Attorney: 1. Scott I. Unger. Device(s): 1 Laptop. Attorney: 2. Scott Univer. Device(s): 1 Laptop and 1 Projector. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 4/22/2016) (spo)
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                                                                    Blank  Status Conference
                                                                    Minute Entry for proceedings held before Judge Robert W. Sweet: Status Conference held on 3/16/2016. The Court has schedule a settlement conference with the parties on May 23, 2016 at 10:00 a.m. (Monday). (Chan, Tsz)
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                                                                      Legal Document (Payment Possibly Required) 305 Filed: 3/9/2016, Entered: 3/9/2016 Scheduling OrderCourt Filing
                                                                      PRETRIAL ORDER: Pretrial Conference set for 3/16/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 3/9/2016) (spo)
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                                                                        Legal Document (Payment Possibly Required) 304 Filed: 2/25/2016, Entered: 2/25/2016 LetterCourt Filing
                                                                        LETTER addressed to Judge Robert W. Sweet from James J. Mahon dated February 25, 2016 re: Extension of time; request for conference. Document filed by BPP Wealth, Inc., Debra Schatzki.(Mahon, James)
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                                                                          Legal Document (Payment Possibly Required) 303 Filed: 2/24/2016, Entered: 2/24/2016 Notice of Change of Address
                                                                          NOTICE OF CHANGE OF ADDRESS by James John Mahon on behalf of Debra Schatzki. New Address: Becker & Poliakoff, LLP, 45 Broadway, 8th Floor, New York, New York, United States 10006, 212-599-3322. (Mahon, James)
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                                                                            Legal Document (Payment Possibly Required) 302 Filed: 1/29/2016, Entered: 2/1/2016 Order on Motion for Extension of Time to Complete DiscoveryCourt Filing
                                                                            ORDER granting [301] Letter Motion for Extension of Time to Complete Discovery; granting [301] Letter Motion for Extension of Time. A thirty day extension is granted. So ordered. (Signed by Judge Robert W. Sweet on 1/28/2016) (kl)
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                                                                              Legal Document (Payment Possibly Required) 301 Filed: 1/28/2016, Entered: 1/28/2016, Terminated: 1/29/2016 Motion for Extension of Time to Complete DiscoveryCourt Filing
                                                                              JOINT LETTER MOTION for Extension of Time to Complete Discovery and Adjourn Final Pretrial Conference addressed to Judge Robert W. Sweet from Scott I. Unger, Esq., counsel for Defendant/counterclaimant dated 1/28/2016., LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Scott I. Unger, Esq., counsel for Defendant/counterclaimant dated 1/28/2016.( Return Date set for 1/29/2016 at 10:00 AM.) Document filed by Weiser Capital Management, LLC.(Unger, Scott)
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                                                                                Legal Document (Payment Possibly Required) 300 Filed: 11/9/2015, Entered: 11/9/2015 Scheduling OrderCourt Filing
                                                                                ORDER: Motions due by 2/25/2016. Fact Discovery due by 2/11/2016. Final Pretrial Conference set for 2/25/2016 at 04:30 PM before Judge Robert W. Sweet. Proposed Pretrial Order due by 2/25/2016. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 11/4/2015) (spo)
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                                                                                  Blank  Pretrial Conference - Interim
                                                                                  Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 11/4/2015.Please note the final pretrial conference will be held on March 2, 2016 at 4:00 p.m. (Wednesday). (Chan, Tsz)
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                                                                                    Legal Document (Payment Possibly Required) 299 Filed: 11/3/2015, Entered: 11/3/2015 Answer to Counterclaim
                                                                                    ANSWER to [297] Counterclaim. Document filed by Debra Schatzki.(Mahon, James)
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                                                                                      Legal Document (Payment Possibly Required) 298 Filed: 10/19/2015, Entered: 10/19/2015 Scheduling OrderCourt Filing
                                                                                      PRETRIAL ORDER: Pretrial Conference set for 11/4/2015 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (See Order.) (Signed by Judge Robert W. Sweet on 10/19/2015) (ajs)
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                                                                                        Legal Document (Payment Possibly Required) 297 Filed: 10/16/2015, Entered: 10/16/2015 Answer to Amended Complaint
                                                                                        ANSWER to [36] Amended Complaint, with JURY DEMAND., COUNTERCLAIM against BPP Wealth, Inc., Debra Schatzki. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP.(Unger, Scott)
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                                                                                          Legal Document (Payment Possibly Required) 296 Filed: 10/15/2015, Entered: 10/16/2015 Memorandum & OpinionCourt Filing
                                                                                          OPINION #105967 re: [286] MOTION for Leave to File Amended Answer . filed by Weiser Capital Management, LLC. The Defendants' motion for leave to amend its answer is hereby granted. (As further set forth within this Opinion.) (Signed by Judge Robert W. Sweet on 10/15/2015) (ajs) Modified on 10/22/2015 (soh).
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                                                                                            Blank  Oral Argument
                                                                                            Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/14/2015 re: [286] MOTION for Leave to File Amended Answer filed by Weiser Capital Management, LLC. (Chan, Tsz)
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                                                                                              Legal Document (Payment Possibly Required) 295 Filed: 10/6/2015, Entered: 10/6/2015 Reply Memorandum of Law in Support of Motion
                                                                                              REPLY MEMORANDUM OF LAW in Support re: [286] MOTION for Leave to File Amended Answer . . Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                                                                                                Legal Document (Payment Possibly Required) 294 Filed: 10/6/2015, Entered: 10/6/2015 Reply Affirmation in Support of Motion
                                                                                                REPLY AFFIRMATION of Scott I. Unger, Esq. in Support re: [286] MOTION for Leave to File Amended Answer .. Document filed by Weiser Capital Management, LLC. (Attachments: # (1) Exhibit Exhibit A)(Unger, Scott)
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                                                                                                  Legal Document (Payment Possibly Required) 293 Filed: 10/1/2015, Entered: 10/1/2015 Order Setting Hearing on MotionCourt Filing
                                                                                                  ORDER: Defendant Weiser Capital Management, LLC's motion for leave to file an amended answer shall be heard at noon on Wednesday, October 14, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Motion Hearing set for 10/14/2015 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 10/1/2015) (ajs)
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                                                                                                    Legal Document (Payment Possibly Required) 292 Filed: 9/30/2015, Entered: 9/30/2015 Memorandum of Law in Opposition to Motion
                                                                                                    MEMORANDUM OF LAW in Opposition re: [286] MOTION for Leave to File Amended Answer . . Document filed by BPP Wealth, Inc., Debra Schatzki. (Attachments: # (1) Exhibit 1 - SEC No-Action letter, # (2) Exhibit 2 - SEC No-Action letter, # (3) Exhibit 3 - FINRA Letter, # (4) Exhibit 4 - NASD decision)(Mahon, James)
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                                                                                                      Legal Document (Payment Possibly Required) 291 Filed: 9/30/2015, Entered: 9/30/2015 Affirmation in Opposition to Motion
                                                                                                      AFFIRMATION of James J. Mahon in Opposition re: [286] MOTION for Leave to File Amended Answer .. Document filed by BPP Wealth, Inc., Debra Schatzki. (Attachments: # (1) Exhibit A - Initial Summons and complaint, # (2) Exhibit B - Initial Answer, # (3) Exhibit C - Amended Complaint, # (4) Exhibit D - Answer to Amended Complaint, # (5) Exhibit E - Second Amended Complaint, # (6) Exhibit F - Answer to Second Amended Complaint, # (7) Exhibit G - Third Amended Complaint, # (8) Exhibit H - Answer to Third Amended Complaint, # (9) Exhibit I - Excerpts of SDNY trial transcripts, # (10) Exhibit J - 2nd Circuit Opinion and Order, # (11) Exhibit K - Weiser New York State Summons and Complaint, # (12) Exhibit L - Email between counsel, # (13) Exhibit M - Order remanding action to state court, # (14) Exhibit N - redacted BPP tax returns, # (15) Exhibit O - organizational chart, # (16) Exhibit P - redacted Schatzki tax returns, # (17) Exhibit Q - redacted form 1099s, # (18) Exhibit R - pre-argument statement, # (19) Exhibit S - Prior Affidavit of Carijn Michel, # (20) Exhibit T - Excerpts from memorandum of law, # (21) Exhibit U - order of Justice Oing and excerpted transcript)(Mahon, James)
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                                                                                                        Legal Document (Payment Possibly Required) 290 Filed: 9/25/2015, Entered: 9/25/2015 Notice (Other)
                                                                                                        NOTICE of Warrant to Satisfy Judgment re: [269] Judgment,,,,,,. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                          Legal Document (Payment Possibly Required) 289 Filed: 9/24/2015, Entered: 9/24/2015 Scheduling OrderCourt Filing
                                                                                                          PRETRIAL ORDER: Pretrial Conference set for 9/30/2015 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth within this Order.) (Signed by Judge Robert W. Sweet on 9/24/2015) (ajs)
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                                                                                                            Legal Document (Payment Possibly Required) 288 Filed: 9/17/2015, Entered: 9/17/2015 Memorandum of Law in Support of Motion
                                                                                                            MEMORANDUM OF LAW in Support re: [286] MOTION for Leave to File Amended Answer . . Document filed by Weiser Capital Management, LLC. (Unger, Scott)
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                                                                                                              Legal Document (Payment Possibly Required) 287 Filed: 9/17/2015, Entered: 9/17/2015 Declaration in Support of Motion
                                                                                                              DECLARATION of Scott I. Unger, Esq. in Support re: [286] MOTION for Leave to File Amended Answer .. Document filed by Weiser Capital Management, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M)(Unger, Scott)
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                                                                                                                Legal Document (Payment Possibly Required) 286 Filed: 9/17/2015, Entered: 9/17/2015, Terminated: 10/15/2015 Motion for Leave to File Document
                                                                                                                MOTION for Leave to File Amended Answer . Document filed by Weiser Capital Management, LLC. Return Date set for 10/14/2015 at 12:00 PM.(Unger, Scott)
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                                                                                                                  Blank  Transmission of USCA Mandate/Order to District Judge
                                                                                                                  Transmission of USCA Mandate to the District Judge re: [285] USCA Mandate,,. (nd)
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                                                                                                                    Legal Document (Payment Possibly Required) 285 Filed: 9/16/2015, Entered: 9/17/2015 USCA Mandate
                                                                                                                    MANDATE of USCA (Certified Copy) as to [278] Notice of Appeal, filed by Hoitsz Michel, Weiser Capital Management, LLC, [280] Notice of Cross Appeal, filed by Debra Schatzki, [281] Amended Notice of Appeal, filed by BPP Wealth, Inc., Debra Schatzki. USCA Case Number 14-1848-cv(L); 14-1849-cv (xap). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on March 14, 2014, is AFFIRMED IN PART, VACATED IN PART, and REMANDED for further proceedings consistent with this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/16/2015. (nd)
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                                                                                                                      Legal Document (Payment Possibly Required) 284 Filed: 8/24/2015, Entered: 8/24/2015, Terminated: 9/16/2015 USCA Order
                                                                                                                      TRUE COPY ORDER of USCA as to [278] Notice of Appeal, filed by Hoitsz Michel, Weiser Capital Management, LLC, [280] Notice of Cross Appeal, filed by Debra Schatzki, [281] Amended Notice of Appeal, filed by BPP Wealth, Inc., Debra Schatzki. USCA Case Number 14-1848-cv(L); 14-1849-cv (xap).UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on March 14, 2014, is AFFIRMED IN PART, VACATED IN PART, and REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. (nd)
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                                                                                                                        Legal Document (Payment Possibly Required) 283 Filed: 6/16/2014, Entered: 6/16/2014 Notice of Filing Transcript
                                                                                                                        NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/14/14 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...(Rodriguez, Somari)
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                                                                                                                          Legal Document (Payment Possibly Required) 282 Filed: 6/16/2014, Entered: 6/16/2014 TranscriptCourt Filing
                                                                                                                          TRANSCRIPT of Proceedings re: CONFERENCE held on 1/14/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Denise Richards, (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 7/10/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/18/2014.(Rodriguez, Somari)
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                                                                                                                            Legal Document (Payment Possibly Required) 281 Filed: 6/16/2014, Entered: 6/16/2014, Terminated: 9/16/2015 Amended Notice of Appeal
                                                                                                                            AMENDED NOTICE OF APPEAL re: [280] Notice of Cross Appeal, [247] Memorandum & Opinion, [225] Memorandum & Opinion,,,,,,,,, [95] Memorandum & Opinion, [269] Judgment,,,,,,. Document filed by BPP Wealth, Inc., Debra Schatzki. (Rooney, Christopher)
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                                                                                                                              Blank  Transmission of Notice of Appeal and Docket Sheet to USCA
                                                                                                                              Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [281] Amended Notice of Appeal,. (nd)
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                                                                                                                                Blank  Appeal Record Sent to USCA - Electronic File
                                                                                                                                Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [280] Notice of Cross Appeal, filed by Debra Schatzki were transmitted to the U.S. Court of Appeals. (nd)
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                                                                                                                                  Blank  Appeal Record Sent to USCA - Electronic File
                                                                                                                                  Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [278] Notice of Appeal, filed by Hoitsz Michel, Weiser Capital Management, LLC were transmitted to the U.S. Court of Appeals. (nd)
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                                                                                                                                    Legal Document (Payment Possibly Required) 280 Filed: 6/2/2014, Entered: 6/2/2014, Terminated: 9/16/2015 Notice of Cross Appeal
                                                                                                                                    NOTICE OF CROSS APPEAL from [247] Memorandum & Opinion, [225] Memorandum & Opinion,,,,,,,,, [95] Memorandum & Opinion, [269] Judgment,,,,,,. Document filed by Debra Schatzki. Filing fee $ 505.00, receipt number 0208-9734668. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Rooney, Christopher)
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                                                                                                                                      Blank  Transmission of Notice of Appeal and Docket Sheet to USCA
                                                                                                                                      Transmission of Notice of Cross-Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [280] Notice of Cross Appeal,. (nd)
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                                                                                                                                        Legal Document (Payment Possibly Required) 279 Filed: 5/22/2014, Entered: 5/22/2014 Bond
                                                                                                                                        SUPERSEDEAS BOND # 00106094543 in the amount of $ 463,946.54 posted by Defendants-Appellants Hoitsz (a/k/a Carijan) Michel and Weiser Capital Management, LLC, (now known as WeiserMazars Wealth Advisors, LLC). (dt)
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                                                                                                                                          NOTICE OF TAXATION OF COSTS: Received on May 14, 2014, Returned on May 22, 2014 by mail, to Lawler Mahon & Rooney LLP, James J. Mahon, Due to pending Appeal. Document filed by BPP Wealth, Inc. and Debra Schatzki. (dt)
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                                                                                                                                            Legal Document (Payment Possibly Required) 278 Filed: 5/21/2014, Entered: 5/21/2014, Terminated: 9/16/2015 Notice of Appeal
                                                                                                                                            NOTICE OF APPEAL from [225] Memorandum & Opinion,,,,,,,,, [267] Memorandum & Opinion, [277] Memorandum & Opinion, [239] Memorandum & Opinion, [247] Memorandum & Opinion, [269] Judgment,,,,,, [226] Memorandum & Opinion,. Document filed by Hoitsz Michel, Weiser Capital Management, LLC. Filing fee $ 505.00, receipt number 0208-9698152. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Unger, Scott)
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                                                                                                                                              Blank  Transmission of Notice of Appeal and Docket Sheet to USCA
                                                                                                                                              Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [278] Notice of Appeal,. (nd)
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                                                                                                                                                NOTICE OF TAXATION OF COSTS: Received on May 14, 2014, the Notice of Taxation of costs submitted by Lawler Mahon & Rooney LLP, attorneys for Plaintiffs, will appear before the Orders & Judgments Clerk located in Room 200 at 500 Pearl Street, New York, NY 1007, on May 28, 2014 at 10:00 a.m. Document filed by BPP Wealth, Inc., and Debra Schatzki. (dt)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 277 Filed: 5/12/2014, Entered: 5/12/2014 Memorandum & OpinionCourt Filing
                                                                                                                                                  MEMORANDUM AND OPINION 104328 re: [271] MOTION to Stay collection of judgment MOTION for Judgment as a Matter of Law filed by Hoitsz Michel, Weiser Capital Management, LLC. The motions of the Defendants for judgment and for a stay are denied. (Signed by Judge Robert W. Sweet on 5/12/2014) (ajs) Modified on 5/13/2014 (nt).
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                                                                                                                                                    NOTICE OF TAXATION OF COSTS: Returned on May 1, 2014 by mail, to Lawler Mahon & Rooney LLP, James J. Mahon, because of pending Motion. Document filed by BPP Wealth, Inc. and Debra Schatzki. (dt)
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                                                                                                                                                      NOTICE OF TAXATION OF COSTS received on 4/16/2014 (along with Bill of Costs submitted by Plaintiffs to be taxed against Defendants Hoitsz Michel and Weiser Capital Management, LLC on 4/30/2014, or such later date.) PLEASE TAKE NOTICE: Bill of Costs hearing is postponed pending outcome of the motion to stay collection of judgment(Docket Entry 271) pursuant to Local Rule 54.1. Document filed by BPP Wealth, Inc., Debra Schatzki. (tro) Modified on 4/16/2014 (tro).
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                                                                                                                                                        Legal Document (Payment Possibly Required) 276 Filed: 4/9/2014, Entered: 4/9/2014 OrderCourt Filing
                                                                                                                                                        ORDER: Defendants' motion will be heard on submission on April 16, 2014. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 4/9/2014) (lmb)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 275 Filed: 4/8/2014, Entered: 4/8/2014 Reply Memorandum of Law in Support of Motion
                                                                                                                                                          REPLY MEMORANDUM OF LAW in Support re: [271] MOTION to Stay collection of judgment. MOTION for Judgment as a Matter of Law.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC. (Unger, Scott)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 274 Filed: 4/2/2014, Entered: 4/2/2014 Memorandum of Law in Opposition to Motion
                                                                                                                                                            MEMORANDUM OF LAW in Opposition re: [271] MOTION to Stay collection of judgment. MOTION for Judgment as a Matter of Law.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 273 Filed: 3/25/2014, Entered: 3/25/2014 Endorsed LetterCourt Filing
                                                                                                                                                              ENDORSED LETTER addressed to Judge Robert W. Sweet from Scott I. Unger dated 3/19/2014 re: This Motion is timely and the Clerk should reopen the case at least until the disposition of this Motion. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 3/24/2014) (lmb)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 272 Filed: 3/20/2014, Entered: 3/20/2014 Memorandum of Law in Support of Motion
                                                                                                                                                                MEMORANDUM OF LAW in Support re: [271] MOTION to Stay collection of judgment. MOTION for Judgment as a Matter of Law.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC. (Attachments: # (1) Text of Proposed Order)(Unger, Scott)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 271 Filed: 3/20/2014, Entered: 3/20/2014, Terminated: 5/12/2014 Motion to Stay
                                                                                                                                                                  MOTION to Stay collection of judgment., MOTION for Judgment as a Matter of Law. Document filed by Hoitsz Michel, Weiser Capital Management, LLC. Return Date set for 4/9/2014 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                    Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                    ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [270] MOTION for Judgment as a Matter of Law. MOTION to Stay. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 270 Filed: 3/19/2014, Entered: 3/19/2014, Terminated: 3/19/2014 Motion for Judgment as a Matter of Law
                                                                                                                                                                      FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment as a Matter of Law.( Responses due by 3/26/2014), MOTION to Stay. Document filed by Hoitsz Michel, Weiser Capital Management, LLC. Return Date set for 4/9/2014 at 12:00 PM. (Attachments: # (1) Memorandum of law, # (2) Text of Proposed Order)(Unger, Scott) Modified on 3/20/2014 (db).
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 269 Filed: 3/14/2014, Entered: 3/14/2014 JudgmentCourt Filing
                                                                                                                                                                        JUDGMENT: A. Judgment shall be entered pursuant to the jury's verdict in favor of Plaintiffs and against Defendants Hoitsz (a/k/a Carijn) Michel and Weiser Capital Management, LLC (now known as WeiserMazars Wealth Advisors, LLC), on Plaintiffs' conversion claim in the amount of $300,000.00, plus interest at 9% per annum pursuant to Sections 5001 and 5004 of New York Civil Practice Law and Rules from May 3, 2010 to the date of judgment in the amount of $102,969.85, for a total of $402,969.85; B. Judgment shall be entered pursuant to the Court's decision in favor of Plaintiffs and against Defendant Weiser Capital Management, LLC (now known as WeiserMazars Wealth Advisors, LLC) on Plaintiffs' trademark infringement claim in the amount of $15,000.00; C. Judgment shall be entered pursuant to the jury's verdict in favor of Defendants and against the Plaintiffs on Plaintiffs' civil conspiracy claim; D. Judgment shall be entered pursuant to the Court's decision in favor of Defendants WeiserMazars, LLC and Weiser Capital Management, LLC (now known as WeiserMazars Wealth Advisors, LLC) against the Plaintiffs on Plaintiffs' unjust enrichment claim; and E. The Clerk of the Court shall enter an award of costs in favor of Plaintiffs and against Defendants Hoitsz (a/k/a Carijn) Michel and Weiser Capital Management, LLC (now known as WeiserMazars Wealth Advisors, LLC) upon presentation of a bill of costs on notice to the said Defendants pursuant to Local Rule 54.1. (Signed by Judge Robert W. Sweet on 3/6/2014) (lmb) (Additional attachment(s) added on 3/14/2014: # (1) right to appeal) (lmb). Modified on 3/20/2014 (lmb).
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 268 Filed: 2/19/2014, Entered: 2/19/2014 Notice (Other)
                                                                                                                                                                          NOTICE of Submission of Judgment re: [267] Memorandum & Opinion,. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                            Blank 267 Filed: 2/18/2014, Entered: 2/18/2014 Memorandum & OpinionCourt Filing
                                                                                                                                                                            OPINION: #103975 For the reasons set forth above, judgment will be entered for Plaintiffs against WCM and Michel including prejudgment interest only on Count II (conversion) and costs. Submit judgment on notice. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 2/11/2014) (ama) Modified on 2/21/2014 (ca).
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 266 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/24/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 265 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                TRANSCRIPT of Proceedings re: TRIAL held on 1/24/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 264 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                                  NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/23/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 263 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                    TRANSCRIPT of Proceedings re: TRIAL held on 1/23/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 262 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                                      NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/22/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 261 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                        TRANSCRIPT of Proceedings re: TRIAL held on 1/22/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 260 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                                          NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/21/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 259 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                            TRANSCRIPT of Proceedings re: TRIAL held on 1/21/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 258 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/17/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 257 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                                TRANSCRIPT of Proceedings re: TRIAL held on 1/17/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 256 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                                                  NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/16/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 255 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                                    TRANSCRIPT of Proceedings re: TRIAL held on 1/16/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 254 Filed: 2/18/2014, Entered: 2/18/2014 Notice of Filing Transcript
                                                                                                                                                                                                      NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/15/14 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...(Rodriguez, Somari)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 253 Filed: 2/18/2014, Entered: 2/18/2014 TranscriptCourt Filing
                                                                                                                                                                                                        TRANSCRIPT of Proceedings re: TRIAL held on 1/15/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (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 3/14/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/22/2014.(Rodriguez, Somari)
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                                                                                                                                                                                                          Blank  Transmission to Judgments and Orders Clerk
                                                                                                                                                                                                          Transmission to Judgments and Orders Clerk. Transmitted re: [267] Memorandum & Opinion,, to the Judgments and Orders Clerk. (ama)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 252 Filed: 2/5/2014, Entered: 2/5/2014 Response
                                                                                                                                                                                                            RESPONSE re: [249] Objection (non-motion), [250] Response, [251] Objection (non-motion), Objection (non-motion). Document filed by Debra Schatzki. (Mahon, James)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 251 Filed: 2/5/2014, Entered: 2/5/2014 Objection (non-motion)
                                                                                                                                                                                                              Objection re: [249] Objection (non-motion), [250] Response, [248] Notice of Settlement Reply to Plaintiffs' Response to Defendants' Objections. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 250 Filed: 2/4/2014, Entered: 2/4/2014 Response
                                                                                                                                                                                                                RESPONSE re: [249] Objection (non-motion), [248] Notice of Settlement. Document filed by Debra Schatzki. (Mahon, James)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 249 Filed: 2/4/2014, Entered: 2/4/2014 Objection (non-motion)
                                                                                                                                                                                                                  Objection re: [248] Notice of Settlement. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 248 Filed: 1/31/2014, Entered: 1/31/2014 Notice of Settlement
                                                                                                                                                                                                                    NOTICE of Settlement and Proposed Judgment. Document filed by All Plaintiffs. (Rooney, Christopher)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 247 Filed: 1/29/2014, Entered: 1/30/2014 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                      OPINION: #103924 Based upon the evidence and conclusions of law set forth above, judgment will be entered for WCM and WeiserMazars on Count VI (unjust enrichment) and Plaintiffs on Count I (trademark infringement) against WCM in the amount of $15,000. Settle judgment on notice. (Signed by Judge Robert W. Sweet on 1/29/2014) (cd) Modified on 2/5/2014 (ca).
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                                                                                                                                                                                                                        Blank  Transmission to Judgments and Orders Clerk
                                                                                                                                                                                                                        Transmission to Judgments and Orders Clerk. Transmitted re: [247] Memorandum & Opinion, to the Judgments and Orders Clerk. (cd)
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                                                                                                                                                                                                                          Blank  Jury Trial - Completed
                                                                                                                                                                                                                          Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial completed on 1/24/2014. (mro)
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                                                                                                                                                                                                                            Blank  Jury Trial - Held
                                                                                                                                                                                                                            Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial held on 1/23/2014. (mro)
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                                                                                                                                                                                                                              Blank  Jury Trial - Held
                                                                                                                                                                                                                              Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial held on 1/22/2014. (mro)
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                                                                                                                                                                                                                                Blank  Jury Trial - Held
                                                                                                                                                                                                                                Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial held on 1/21/2014. (mro)
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                                                                                                                                                                                                                                  Blank  Jury Trial - Held
                                                                                                                                                                                                                                  Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial held on 1/17/2014. (mro)
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                                                                                                                                                                                                                                    Blank  Jury Trial - Held
                                                                                                                                                                                                                                    Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial held on 1/16/2014. (mro)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 246 Filed: 1/15/2014, Entered: 1/16/2014 Pretrial OrderCourt Filing
                                                                                                                                                                                                                                      PRETRIAL ORDER: BRIEF STATEMENT BY THE PLAINTIFFS AS TO SUBJECT MATTER JURISDICTION: Claim One of the Third Amended Complaint alleges violations of federal trademark law that arise under, but are not limited to, 15 U.S.C. Sec. 1111, et seq. A BRIEF SUMMARY BY EACH PARTY OF THE CLAIMS AND DEFENSES THAT EACH PARTY ASSERTED WHICH REMAINS TO BE TRIED:.... Plaintiffs are not willing to waive a trial by jury. Defendants are willing to waive a trial by jury. The parties believe the case will take about twenty (20) full days to complete. Plaintiffs do not consent to having the Magistrate Judge preside over the trial of this case. Defendants consent to having a Magistrate Judge preside over the trial of this case. (See Order). (Signed by Judge Robert W. Sweet on 1/15/2014) (ja)
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                                                                                                                                                                                                                                        Blank  Jury Trial - Begun
                                                                                                                                                                                                                                        Minute Entry for proceedings held before Judge Robert W. Sweet: Jury Trial begun on 1/15/2014. (mro)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 245 Filed: 1/14/2014, Entered: 1/14/2014 Memo EndorsementCourt Filing
                                                                                                                                                                                                                                          MEMO ENDORSEMENT on Motion for Admission Pro Hac Vice: Pursuant to Rule 1.3 of the Local Rules of the United States Courts for the Southern and Eastern Districts of New York, I, Jonathan A. Scobie, Esquire, hereby move this Court for an Order for admission to practice Pro Hac Vice to appear as counsel for Defendants, Weiser Capital Management, LLC, Weisermazars, LLP and Hoitsz (a/k/a "Carijn") Michel, in the above-captioned action. Motion granted. So Ordered. (Signed by Judge Robert W. Sweet on 1/13/2014) (mt)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 244 Filed: 1/13/2014, Entered: 1/13/2014 Order on Motion to Appear Pro Hac ViceCourt Filing
                                                                                                                                                                                                                                            ORDER FOR ADMISSION PRO HAC VICE granting [233] Motion for Jonathan A. Scobie to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 1/9/2014) (ja)
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                                                                                                                                                                                                                                              Blank  Status Conference
                                                                                                                                                                                                                                              Minute Entry for proceedings held before Judge Robert W. Sweet: Status Conference held on 1/13/2014. (sc)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 243 Filed: 1/9/2014, Entered: 1/9/2014 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support re: [236] MOTION in Limine for a Pre-Trial Hearing to Determine the Admissibility of the Testimony of Plaintiff's witness, Brian Edelman, and the Testimony of Plaintiffs' Expert Witnesses, Richard Childs and Ed Donnelly.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 242 Filed: 1/9/2014, Entered: 1/9/2014 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                  REPLY MEMORANDUM OF LAW in Support re: [234] MOTION in Limine Seeking an Order for Plaintiffs to Elect a Remedy and Prevent Double Recovery.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 241 Filed: 1/7/2014, Entered: 1/7/2014 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Opposition re: [234] MOTION in Limine Seeking an Order for Plaintiffs to Elect a Remedy and Prevent Double Recovery.. Document filed by Debra Schatzki. (Attachments: # (1) Affidavit Affirmation of Service)(Rooney, Christopher)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 240 Filed: 1/7/2014, Entered: 1/7/2014 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                      MEMORANDUM OF LAW in Opposition re: [236] MOTION in Limine for a Pre-Trial Hearing to Determine the Admissibility of the Testimony of Plaintiff's witness, Brian Edelman, and the Testimony of Plaintiffs' Expert Witnesses, Richard Childs and Ed Donnelly.. Document filed by Debra Schatzki. (Attachments: # (1) Affidavit Affirmation of Service)(Rooney, Christopher)
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                                                                                                                                                                                                                                                        Blank 239 Filed: 1/6/2014, Entered: 1/6/2014 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                                                        OPINION #103875 re [172] MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied: Given the reasoning above, Defendants' motion is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 12/31/2013) (tn) Modified on 1/13/2014 (ca).
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 238 Filed: 1/2/2014, Entered: 1/2/2014 Affirmation in Support of Motion
                                                                                                                                                                                                                                                          AFFIRMATION of Scott I. Unger in Support re: [236] MOTION in Limine for a Pre-Trial Hearing to Determine the Admissibility of the Testimony of Plaintiff's witness, Brian Edelman, and the Testimony of Plaintiffs' Expert Witnesses, Richard Childs and Ed Donnelly.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 237 Filed: 1/2/2014, Entered: 1/2/2014 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Support re: [236] MOTION in Limine for a Pre-Trial Hearing to Determine the Admissibility of the Testimony of Plaintiff's witness, Brian Edelman, and the Testimony of Plaintiffs' Expert Witnesses, Richard Childs and Ed Donnelly.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 236 Filed: 1/2/2014, Entered: 1/2/2014, Terminated: 3/14/2014 Motion in Limine
                                                                                                                                                                                                                                                              MOTION in Limine for a Pre-Trial Hearing to Determine the Admissibility of the Testimony of Plaintiff's witness, Brian Edelman, and the Testimony of Plaintiffs' Expert Witnesses, Richard Childs and Ed Donnelly. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 1/13/2014 at 12:00 PM. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit)(Unger, Scott)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 235 Filed: 1/2/2014, Entered: 1/2/2014 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: [234] MOTION in Limine Seeking an Order for Plaintiffs to Elect a Remedy and Prevent Double Recovery.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 234 Filed: 1/2/2014, Entered: 1/2/2014, Terminated: 3/14/2014 Motion in Limine
                                                                                                                                                                                                                                                                  MOTION in Limine Seeking an Order for Plaintiffs to Elect a Remedy and Prevent Double Recovery. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Text of Proposed Order)(Unger, Scott)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 233 Filed: 12/31/2013, Entered: 12/31/2013, Terminated: 1/13/2014 Motion to Appear Pro Hac Vice
                                                                                                                                                                                                                                                                    MOTION for Jonathan Andrew Scobie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9218698. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 1/13/2014 at 12:00 PM. (Attachments: # (1) Text of Proposed Order Proposed Order, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Certificate of Good Standing, # (4) Exhibit Certificate of Good Standing, # (5) Exhibit Certificate of Good Standing)(Scobie, Jonathan)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 232 Filed: 12/31/2013, Entered: 12/31/2013, Terminated: 12/31/2013 Motion in Limine
                                                                                                                                                                                                                                                                      FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine seeking an Order for Plaintiffs to elect a remedy, or in the alternative, for the Court to Modify the Verdict to limit Plaintiffs' recovery. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 1/13/2014 at 12:00 PM. (Attachments: # (1) Memorandum of Law, # (2) Text of Proposed Order)(Unger, Scott) Modified on 1/2/2014 (ldi).
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 231 Filed: 12/31/2013, Entered: 12/31/2013 Proposed Voir Dire Questions
                                                                                                                                                                                                                                                                        PROPOSED VOIR DIRE QUESTIONS. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP.(Unger, Scott)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 230 Filed: 12/31/2013, Entered: 12/31/2013 Proposed Jury Instructions
                                                                                                                                                                                                                                                                          PROPOSED JURY INSTRUCTIONS. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP.(Unger, Scott)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 229 Filed: 12/31/2013, Entered: 12/31/2013, Terminated: 12/31/2013 Motion in Limine
                                                                                                                                                                                                                                                                            FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine to determine the addmissibility of Plaintiffs' witnesses Brian Edelman, Richard Childs and Edward Donnelly (Daubert and Rule 104 hearings respectfully requested). Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 1/13/2014 at 12:00 PM. (Attachments: # (1) Memorandum of law, # (2) Affidavit Certification of Scott I. Unger, Esquire, # (3) Exhibit A-D, # (4) Text of Proposed Order)(Unger, Scott) Modified on 1/2/2014 (ldi).
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 228 Filed: 12/31/2013, Entered: 12/31/2013 Proposed Jury Instructions
                                                                                                                                                                                                                                                                              PROPOSED JURY INSTRUCTIONS. Document filed by Debra Schatzki.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 227 Filed: 12/31/2013, Entered: 12/31/2013 Proposed Voir Dire Questions
                                                                                                                                                                                                                                                                                PROPOSED VOIR DIRE QUESTIONS. Document filed by Debra Schatzki and BPP Wealth, Inc.(Rooney, Christopher) Modified on 1/2/2014 (ka).
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                                                                                                                                                                                                                                                                                  Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [232] MOTION in Limine seeking an Order for Plaintiffs to elect a remedy, or in the alternative, for the Court to Modify the Verdict to limit Plaintiffs' recovery., [229] MOTION in Limine to determine the addmissibility of Plaintiffs' witnesses Brian Edelman, Richard Childs and Edward Donnelly (Daubert and Rule 104 hearings respectfully requested). MOTION in Limine to determine the addmissibility of Plaintiffs' witnesses Brian Edelman, Richard Childs and Edward Donnelly (Daubert and Rule 104 hearings respectfully requested). MOTION in Limine to determine the addmissibility of Plaintiffs' witnesses Brian Edelman, Richard Childs and Edward Donnelly (Daubert and Rule 104 hearings respectfully requested). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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                                                                                                                                                                                                                                                                                    Blank  Notice Regarding Pro Hac Vice Motion
                                                                                                                                                                                                                                                                                    >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [233] MOTION for Jonathan Andrew Scobie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9218698. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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                                                                                                                                                                                                                                                                                      Blank 226 Filed: 12/4/2013, Entered: 12/4/2013 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                                                                                      OPINION: #103787 The in limine motions of the parties are granted in part and denied in part as set forth above. The action will be tried on January 15, 2014. Any additional pretrial matters will be addressed at a pretrial conference at noon on January 13, 2014. (Signed by Judge Robert W. Sweet on 12/3/2013) (js) Modified on 12/9/2013 (ca).
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                                                                                                                                                                                                                                                                                        Blank 225 Filed: 11/26/2013, Entered: 11/26/2013 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                                                                                        OPINION re: #103779 [168] MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc. filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [163] MOTION for Partial Summary Judgment filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [190] CROSS MOTION for Partial Summary Judgment filed by Debra Schatzki, [138] MOTION in Limine filed by Debra Schatzki, [156] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [153] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert) filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [172] MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [170] MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied. MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [174] MOTION in Limine seeking to bar Plaintiffs' pro-offered Exhibit 147, which are the expenses allegedly attributable to Jordan Berlin filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. As set forth above, the motions for summary judgment with respect to the conversion and unjust enrichment claims are denied, the motions to dismiss for civil conspiracy and failure to join an indispensible party is denied and the motion summary judgment and dismissal of the contract claim is granted. (Signed by Judge Robert W. Sweet on 11/25/2013) (rsh) Modified on 12/2/2013 (ca).
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                                                                                                                                                                                                                                                                                          Blank 224 Filed: 11/26/2013, Entered: 11/26/2013 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                                                                                          OPINION re: #103778 [210] MOTION for Sanctions (Cross motion), filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP, [196] MOTION to Disqualify Counsel Notice of Motion, filed by Debra Schatzki, [215] CROSS MOTION for Sanctions, filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. The Plaintiff's motion to disqualify Defendants' counsel is denied, the motion to limit any testimony of Giachetti is granted as set forth above and the Defendants' motion to impose sanctions on the Plaintiff is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 11/25/2013) (ja) Modified on 12/2/2013 (ca).
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 223 Filed: 10/23/2013, Entered: 10/23/2013 Notice of Change of Address
                                                                                                                                                                                                                                                                                            NOTICE OF CHANGE OF ADDRESS by Christopher S. Rooney on behalf of All Plaintiffs. New Address: Lawler Mahon & Rooney LLP, 36 West 44th Street, Suite 1416, New York, NY, 10036, 212 584-2990. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                              Blank  Oral Argument
                                                                                                                                                                                                                                                                                              Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/16/2013 re: [163] MOTION for Partial Summary Judgment. filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (sc)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 222 Filed: 10/11/2013, Entered: 10/11/2013 Notice of Change of Address
                                                                                                                                                                                                                                                                                                NOTICE OF CHANGE OF ADDRESS by James John Mahon on behalf of All Plaintiffs. New Address: Lawler Mahon & Rooney LLP, 36 West 44th Street, Suite 1416, New York, New York, USA 10036, 212 584-2990. (Mahon, James)
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                                                                                                                                                                                                                                                                                                  Blank  Oral Argument
                                                                                                                                                                                                                                                                                                  Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 9/25/2013 re: [196] MOTION to Disqualify Counsel Notice of Motion. filed by Debra Schatzki. (sc)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 221 Filed: 9/16/2013, Entered: 9/16/2013 LetterCourt Filing
                                                                                                                                                                                                                                                                                                    LETTER addressed to Judge Robert W. Sweet from Scott I. Unger, Esquire dated September 13, 2013 re: Defendants' Motion in further support of cross-motion for Rule 11 Sanctions. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                      Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                      ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [220] Response in Support of Motion. Use the event type Letter found under the event list Other Documents. (db)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 220 Filed: 9/13/2013, Entered: 9/13/2013 Response in Support of Motion
                                                                                                                                                                                                                                                                                                        FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support of Motion re: [210] MOTION for Sanctions (Cross motion)., [196] MOTION to Disqualify Counsel Notice of Motion. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott) Modified on 9/16/2013 (db).
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 219 Filed: 9/11/2013, Entered: 9/11/2013 OrderCourt Filing
                                                                                                                                                                                                                                                                                                          ORDER: The plaintiffs' motion filed on July 24, 2013, see Dkt. No. 196, will be heard at noon on Wednesday, September 25, 2013, in courtroom 18C. The remaining motions pending in this case will be heard at noon on Wednesday, October 16, 2013, in courtroom 18C. Set Deadlines/Hearing as to [196] MOTION to Disqualify Counsel Notice of Motion. ( Motion Hearing set for 9/25/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/11/2013) (cd)
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 218 Filed: 9/10/2013, Entered: 9/10/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                            REPLY MEMORANDUM OF LAW in Support re: [196] MOTION to Disqualify Counsel Notice of Motion., [215] CROSS MOTION for Sanctions. Reply Memorandum in Support of Motion to Disqualify and in opposition to cross-motion for sanctions. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 217 Filed: 8/21/2013, Entered: 8/21/2013 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                              AFFIRMATION of Scott I. Unger, Esquire in Support re: [215] CROSS MOTION for Sanctions.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit "A")(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 216 Filed: 8/21/2013, Entered: 8/21/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: [215] CROSS MOTION for Sanctions.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 215 Filed: 8/21/2013, Entered: 8/21/2013, Terminated: 11/26/2013 Motion for Sanctions
                                                                                                                                                                                                                                                                                                                  CROSS MOTION for Sanctions. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 9/18/2013 at 12:00 PM. (Attachments: # (1) Text of Proposed Order)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                    Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                    ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [214] CROSS MOTION for Sanctions. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 214 Filed: 8/20/2013, Entered: 8/20/2013, Terminated: 8/20/2013 Motion for Sanctions
                                                                                                                                                                                                                                                                                                                      FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Sanctions. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 9/18/2013 at 12:00 PM. (Attachments: # (1) Memorandum of Law, # (2) Declaration of Counsel, # (3) Exhibit "A" to Declaration of Counsel, # (4) Text of Proposed Order)(Unger, Scott) Modified on 8/21/2013 (db).
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                                                                                                                                                                                                                                                                                                                        Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [212] Memorandum of Law in Opposition to Motion, [213] Memorandum of Law in Support of Motion,. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 213 Filed: 8/19/2013, Entered: 8/19/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                          FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: [210] MOTION for Sanctions (Cross motion).. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Affidavit of Scott I. Unger, Esquire, # (2) Exhibit "A" to Affidavit of Scott I. Unger, Esquire)(Unger, Scott) Modified on 8/20/2013 (db).
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 212 Filed: 8/19/2013, Entered: 8/19/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                            FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: [196] MOTION to Disqualify Counsel Notice of Motion.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Affidavit of Scott I. Unger, Esquire, # (2) Exhibit "A" to Affidavit of Scott I. Unger, Esquire)(Unger, Scott) Modified on 8/20/2013 (db).
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                                                                                                                                                                                                                                                                                                                              Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                              ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [211] Memorandum of Law in Opposition to Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 211 Filed: 8/18/2013, Entered: 8/18/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: [210] MOTION for Sanctions (Cross motion)., [196] MOTION to Disqualify Counsel Notice of Motion. and in support of cross-motion for Rule 11 Sanctions. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Affidavit, # (2) Exhibit "A" to Affidavit of Scott I. Unger, Esquire)(Unger, Scott) Modified on 8/19/2013 (db).
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 210 Filed: 8/18/2013, Entered: 8/18/2013, Terminated: 11/26/2013 Motion for Sanctions
                                                                                                                                                                                                                                                                                                                                  MOTION for Sanctions (Cross motion). Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 9/18/2013 at 12:00 PM. (Attachments: # (1) Text of Proposed Order)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 209 Filed: 8/14/2013, Entered: 8/14/2013 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                    STIPULATION: Defendants shall serve their response in opposition to Plaintiffs' Motion to Disqualify and any cross motion on or before August 19. 2013. Plaintiffs shall serve their reply in support of their Motion to Disqualify and response in opposition to any cross motion on or before September 10, 2013. Defendants shall serve any reply papers on or before September 13,2013. Oral Argument set for 9/18/2013 at 12:00 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 8/10/2013) (cd)
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                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 208 Filed: 8/5/2013, Entered: 8/5/2013 Counter Statement to Rule 56.1
                                                                                                                                                                                                                                                                                                                                      COUNTER STATEMENT TO [193] Rule 56.1 Statement. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A-D, # (2) Exhibit E-L)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                        Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [207] Response to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (db)
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                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 207 Filed: 8/2/2013, Entered: 8/2/2013 Response to Motion
                                                                                                                                                                                                                                                                                                                                          FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: [190] CROSS MOTION for Partial Summary Judgment. Response to Statement of uncontested facts. Document filed by Ebix, Inc., Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A-D, # (2) Exhibit E-L)(Unger, Scott) Modified on 8/5/2013 (db).
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                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 206 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Oppisition to Motion
                                                                                                                                                                                                                                                                                                                                            REPLY MEMORANDUM OF LAW in Opposition re: [163] MOTION for Partial Summary Judgment., [190] CROSS MOTION for Partial Summary Judgment. (Opposition to cross-motion for partial summary judgment. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 205 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                              REPLY MEMORANDUM OF LAW in Support re: [168] MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc... Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 204 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support re: [174] MOTION in Limine seeking to bar Plaintiffs' pro-offered Exhibit 147, which are the expenses allegedly attributable to Jordan Berlin.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 203 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                  REPLY MEMORANDUM OF LAW in Support re: [172] MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 202 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                    REPLY MEMORANDUM OF LAW in Support re: [170] MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied. MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 201 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                      REPLY MEMORANDUM OF LAW in Support re: [156] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 200 Filed: 8/2/2013, Entered: 8/2/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                        REPLY MEMORANDUM OF LAW in Support re: [153] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert).. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 199 Filed: 7/29/2013, Entered: 7/29/2013 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                          REPLY MEMORANDUM OF LAW in Support re: [138] MOTION in Limine.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 198 Filed: 7/24/2013, Entered: 7/24/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Support re: [196] MOTION to Disqualify Counsel Notice of Motion. Memorandum of Law. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 197 Filed: 7/24/2013, Entered: 7/24/2013 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                              AFFIRMATION of Christopher S. Rooney in Support re: [196] MOTION to Disqualify Counsel Notice of Motion.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 196 Filed: 7/24/2013, Entered: 7/24/2013, Terminated: 11/26/2013 Motion to Disqualify Counsel
                                                                                                                                                                                                                                                                                                                                                                MOTION to Disqualify Counsel Notice of Motion. Document filed by Debra Schatzki.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 195 Filed: 7/11/2013, Entered: 7/11/2013 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                  AFFIRMATION of James J. Mahon in Opposition re: [163] MOTION for Partial Summary Judgment., [190] CROSS MOTION for Partial Summary Judgment.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits 1-6, # (2) Exhibit Exhibits 7-15, # (3) Exhibit Exhibits 16-24, # (4) Exhibit Exhibits 25-38)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 194 Filed: 7/11/2013, Entered: 7/11/2013 Affidavit in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                    AFFIDAVIT of Debra Schatzki in Opposition re: [163] MOTION for Partial Summary Judgment., [190] CROSS MOTION for Partial Summary Judgment.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-C)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 193 Filed: 7/11/2013, Entered: 7/11/2013 Rule 56.1 Statement
                                                                                                                                                                                                                                                                                                                                                                      RULE 56.1 STATEMENT. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 192 Filed: 7/11/2013, Entered: 7/11/2013 Rule 56.1 Statement
                                                                                                                                                                                                                                                                                                                                                                        RULE 56.1 STATEMENT., COUNTER STATEMENT TO Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 191 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW in Opposition re: [163] MOTION for Partial Summary Judgment., [190] CROSS MOTION for Partial Summary Judgment. Memo in Opposition to Defendants' Motion for Partial Summary Judgment and in support of Plaintiffs' cross-motion for partial summary judgment. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 190 Filed: 7/11/2013, Entered: 7/11/2013, Terminated: 11/26/2013 Motion for Partial Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                            CROSS MOTION for Partial Summary Judgment. Document filed by Debra Schatzki. Responses due by 8/5/2013 Return Date set for 9/18/2013 at 12:00 PM.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 189 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM OF LAW in Opposition re: [174] MOTION in Limine seeking to bar Plaintiffs' pro-offered Exhibit 147, which are the expenses allegedly attributable to Jordan Berlin.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-B (redacted per court order; un-redacted copy sent to court))(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 188 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Opposition re: [168] MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc... Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 187 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM OF LAW in Opposition re: [170] MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied. MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 186 Filed: 7/11/2013, Entered: 7/11/2013 Affidavit in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                    AFFIDAVIT of Richard Childs in Opposition re: [153] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert).. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C-1, # (4) Exhibit C-2, # (5) Exhibit D, # (6) Exhibit E-1, # (7) Exhibit E-2)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 185 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                      MEMORANDUM OF LAW in Opposition re: [153] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert).. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 184 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Opposition re: [172] MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 183 Filed: 7/11/2013, Entered: 7/11/2013 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                          AFFIRMATION of James J. Mahon in Opposition re: [156] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 182 Filed: 7/11/2013, Entered: 7/11/2013 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Opposition re: [156] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 181 Filed: 7/10/2013, Entered: 7/10/2013 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                              STIPULATION TO EXTEND TIME: Plaintiffs and Defendants hereby agree that the time for Plaintiffs to serve their responses in opposition to Defendants' Pre-trial Motions is hereby extended to July 11,2013. Plaintiffs and Defendants hereby agree that the time for Defendants to serve their responses in opposition to Plaintiffs' Pre-trial Motion is hereby extended to July 11, 2013 for the following motion: motion in limine. The time for Plaintiffs and Defendants to serve any reply papers in further support of the motions shall be extended to August 3, 2013. Oral Argument set for 9/18/2013 at 12:00 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/7/2013) (cd)
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                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 180 Filed: 7/9/2013, Entered: 7/9/2013 Reply Memorandum of Law in Oppisition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Opposition re: [139] MOTION in Limine Affirmation of Christopher Rooney., [138] MOTION in Limine., [140] MOTION in Limine Memorandum of Law in Support of Motion.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 179 Filed: 6/24/2013, Entered: 6/24/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM OF LAW in Support re: [163] MOTION for Partial Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 178 Filed: 6/13/2013, Entered: 6/13/2013 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF CHANGE OF ADDRESS by Christopher S. Rooney on behalf of Debra Schatzki. New Address: Lawler Mahon & Rooney LLP, 36 W 44 Street, Suite 1416, New York, New York, United States 10036, 212-584-2990. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 176 Filed: 6/10/2013, Entered: 6/10/2013 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge Robert W. Sweet from Scott I. Unger dated 6/7/2013 re: Request that the below described issue with respect to the Final Pretrial Order be discussed at the Final Pretrial Conference. ENDORSEMENT: The parties will meet and confer with respect to issues raised in the PTO. (Signed by Judge Robert W. Sweet on 6/10/2013) (cd)
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 175 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Support re: [174] MOTION in Limine seeking to bar Plaintiffs' pro-offered Exhibit 147, which are the expenses allegedly attributable to Jordan Berlin.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A (redacted per court order) original to be sent to the Court)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 174 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                          MOTION in Limine seeking to bar Plaintiffs' pro-offered Exhibit 147, which are the expenses allegedly attributable to Jordan Berlin. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 173 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Support re: [172] MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 172 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                              MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 171 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: [170] MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied. MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 170 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 169 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: [168] MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc... Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 168 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 167 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                        FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 166 Filed: 6/7/2013, Entered: 6/7/2013 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIRMATION of 56.1 Statement of uncontested facts in Support re: [163] MOTION for Partial Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 165 Filed: 6/7/2013, Entered: 6/7/2013 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIDAVIT of Scott I. Unger, Esquire in Support re: [163] MOTION for Partial Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D - first half, # (5) Exhibit D - second half)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 164 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM OF LAW in Support re: [163] MOTION for Partial Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 163 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion for Partial Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Partial Summary Judgment. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Responses due by 6/26/2013 Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of service)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 162 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FOURTH MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 161 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - THIRD MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 160 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 159 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                        FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION seeking to bar Plaintiffs' pro-offered Exhibit 147, which are expenses allegedly attributable to Jordan Berlin. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A (redacted per court order) original to be sent to the Court)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 158 Filed: 6/7/2013, Entered: 6/7/2013 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIDAVIT of Scott I. Unger, Esquire in Support re: [156] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 157 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Support re: [156] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 156 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of service)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 155 Filed: 6/7/2013, Entered: 6/7/2013 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Scott I. Unger, Esquire in Support re: [153] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert).. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 154 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM OF LAW in Support re: [153] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert).. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 153 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Richard Childs (Daubert). Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 152 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FOURTH MOTION in Limine to exclude evidence of expenses attributable to Jordan Berlin. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A (redacted per court order) original to be sent to the Court, # (2) Affidavit of service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 151 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                        FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - THIRD MOTION in Limine for permission to inquire into professional sanctions against Plaintiffs' pro-offered expert, Edward Donnelly CPA during the course of cross-examination. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A, # (2) Affidavit of service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 150 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                          FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine for permission to inquire into the indictment of Plaintiffs' Pro-offered expert, Richard Childs, CPA during the course of cross-examination. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Affidavit of service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 149 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                            FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine to preclude Debra Schatzki and Brian Edelman from testifying about the value of BPP Wealth, Inc.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Affidavit of Service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 148 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                                              FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly (Daubert). Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Memorandum of Law In support of Daubert Motion to bar the testimony of Edward Donnelly, # (2) Affidavit Scott I. Unger, Esquire in support of Duabert motion to bar Edward Donnelly's testimony, # (3) Exhibit A, # (4) Text of Proposed Order, # (5) Affidavit of service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 147 Filed: 6/7/2013, Entered: 6/7/2013 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIRMATION of Christopher S. Rooney in Support re: [138] MOTION in Limine.. Document filed by Debra Schatzki. (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)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 146 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to bar the testimony of Plaintiffs' pro-offered expert, Richard Childs (Daubert). Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Memo of law, # (2) Affidavit Scott I. Unger in support of Daubert motion to bar the testimony of Richard Childs, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Text of Proposed Order, # (7) Affidavit of service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 145 Filed: 6/7/2013, Entered: 6/7/2013 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: [138] MOTION in Limine.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 144 Filed: 6/7/2013, Entered: 6/7/2013 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AFFIRMATION of Christopher S. Rooney in Opposition re: [138] MOTION in Limine.. Document filed by Debra Schatzki. (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)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 143 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion for Partial Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Responses due by 6/26/2013 Return Date set for 7/10/2013 at 12:00 PM. (Attachments: # (1) Rule 56.1 Statement, # (2) Memorandum of law, # (3) Affidavit of Scott I. Unger, Esquire, # (4) Exhibit A, # (5) Exhibit B, # (6) Exhibit C, # (7) Exhibit D - first half of exhibit, # (8) Exhibit D - second half of exhibit, # (9) Text of Proposed Order, # (10) Affidavit of service)(Unger, Scott) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 142 Filed: 6/7/2013, Entered: 6/7/2013 Request to Charge
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REQUEST TO CHARGE. Document filed by Debra Schatzki.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 141 Filed: 6/7/2013, Entered: 6/7/2013 Pretrial Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            PRETRIAL MEMORANDUM. Document filed by Debra Schatzki.(Rooney, Christopher)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 140 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine Memorandum of Law in Support of Motion. Document filed by Debra Schatzki.(Rooney, Christopher) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 139 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/7/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine Affirmation of Christopher Rooney. Document filed by Debra Schatzki. (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)(Rooney, Christopher) Modified on 6/7/2013 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 138 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 11/26/2013 Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION in Limine. Document filed by Debra Schatzki.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [167] SECOND MOTION in Limine seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc... Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [160] SECOND MOTION seeking to preclude Plaintiff Debra Schatzki and lay witness, Brian Edelman from testifying as to the value of BPP Wealth, Inc.., [161] THIRD MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied.THIRD MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied.THIRD MOTION in Limine seeking the Court's permission to inquire into the indictment of Plaintiffs' Pro-offered Expert, Richard Childs, should the motion to bar Mr. Childs' testimony (Daubert) be denied., [162] FOURTH MOTION in Limine seeking the Court's permission to inquire into the professional sanctions against Plaintiffs' Pro-offered Expert, Edward Donnelly should the Daubert motion be denied., [159] FIRST MOTION seeking to bar Plaintiffs' pro-offered Exhibit 147, which are expenses allegedly attributable to Jordan Berlin. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. THE MOTIONS WERE NOT FILED. First file Motions, then file and link the Memorandums in Support of the Motions. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [152] FOURTH MOTION in Limine to exclude evidence of expenses attributable to Jordan Berlin. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion in Limine WAS NOT FILED. (db)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [151] THIRD MOTION in Limine for permission to inquire into professional sanctions against Plaintiffs' pro-offered expert, Edward Donnelly CPA during the course of cross-examination. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion in Limine WAS NOT FILED. (db)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [149] FIRST MOTION in Limine to preclude Debra Schatzki and Brian Edelman from testifying about the value of BPP Wealth, Inc.., [150] SECOND MOTION in Limine for permission to inquire into the indictment of Plaintiffs' Pro-offered expert, Richard Childs, CPA during the course of cross-examination. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motions in Limine WERE NOT FILED. File Motions first, then file and link any supporting documents. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [146] MOTION to bar the testimony of Plaintiffs' pro-offered expert, Richard Childs (Daubert). MOTION to bar the testimony of Plaintiffs' pro-offered expert, Richard Childs (Daubert). MOTION to bar the testimony of Plaintiffs' pro-offered expert, Richard Childs (Daubert). [148] MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly (Daubert). MOTION Daubert motion seeking to bar the testimony of Plaintiffs' pro-offered expert witness Edward Donnelly (Daubert)., [143] MOTION for Partial Summary Judgment.. ERROR(S): Supporting Documents are filed separately, each reeiving their own document #. Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [140] MOTION in Limine Memorandum of Law in Support of Motion. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [139] MOTION in Limine Affirmation of Christopher Rooney. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 137 Filed: 5/8/2013, Entered: 5/8/2013 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER: It is hereby ORDERED as follows: 1. Plaintiffs having shown good cause for conducting at least a brief deposition of witness Egan Richards ("Richards"), Plaintiffs' application for leave to conduct that deposition is granted. The deposition should be scheduled for a date not later than two weeks from the date of this Order, and shall be limited to 3.5 hours. 2. To the extent Plaintiff has also sought leave to depose witness Saber Hormi, Plaintiff's application is denied. 3. Apart from the Richards deposition, discovery in this matter shall be considered complete. (Signed by Magistrate Judge Debra C. Freeman on 5/8/2013) (lmb)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 136 Filed: 5/8/2013, Entered: 5/8/2013 LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Letter addressed to Magistrate Judge Debra C. Freeman from Albert K. Lawler dated 5/8/2013 re: This will confirm that I have consulted with Scott Unger, counsel for Defendants in this action, concerning the Court's request to add to the docket this firm's letter to Your Honor dated May 2, 2013, including all exhibits. Document filed by BPP Wealth, Inc., Debra Schatzki.(lmb)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 134 Filed: 5/8/2013, Entered: 5/8/2013 LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Letter addressed to Magistrate Judge Debra C. Freeman from James J. McMahon dated 5/2/2013 re: As demonstrated above and in the attached emails, Mr. Richards and Mr. Hormi were material participants in the transfer of data from SmartOffice to ACT!. Document filed by BPP Wealth, Inc., Debra Schatzki.(lmb)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 135 Filed: 5/3/2013, Entered: 5/8/2013 LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Letter addressed to Magistrate Judge Debra C. Freeman from Scott I. Unger dated 5/3/2013 re: Plaintiffs' counsel submitted their letter yesterday, May 2, 2013, to which I now reply. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP.(lmb)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Case Management Conference
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 4/30/2013. (mro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 133 Filed: 2/1/2013, Entered: 2/1/2013 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Judge Robert W. Sweet from Albert K. Lawler dated 01/31/2013 re: In view of the new schedule, we respectfully request that the pretrial conference be adjourned to a date convenient for the Court after completion of discovery. Counsel for Defendants joins in this request. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 02/01/2013) (jcs)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 132 Filed: 1/14/2013, Entered: 1/14/2013 Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REVISED STIPULATION PROTECTIVE AND SCHEDULING ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: So ordered as modified in paragraph 3 and 16. (Signed by Magistrate Judge Debra C. Freeman on 1/14/2013) (mro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 131 Filed: 12/19/2012, Entered: 12/19/2012 Pretrial OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on 2/6/2013 at 4:30 p.m. for a pretrial conference. (Signed by Judge Robert W. Sweet on 12/19/2012) (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank  Set/Reset Hearings
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Set/Reset Hearings: Pretrial Conference set for 2/6/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 130 Filed: 12/14/2012, Entered: 12/17/2012 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Albert K. Lawler dated 12/13/2012 re: Counsel therefore requests that the Court revise the Aug, 28 Scheduling Order to provide: that by December 31, 2012 Defendants produce the QuickBooks files and a representation. that all communications with Plaintiffs' clients have been produced; that Plaintiffs' expert's supplemental report regarding unjust enrichment be served by January 15, 2013; that Defendants' expert's response to that report be served by February 15, 2013; that depositions of Plaintiffs' expert be taken no later than March 15, 2013 and Defendants' expert by March 31, 2013; that depositions of fact witnesses (limited to the issue of any of Plaintiffs' unjust enrichment claims) be taken prior to the Plaintiffs' expert's deposition; and that all discovery be complete by April 15, 2013. ENDORSEMENT: The Court will not grant any of the relief requested by the parties including the mediation of any discovery schedule until counsel are able to represent that they have engaged in full good faith conference with opposing counsel in an attempt to resolve any differences. If after good-faith conference, counsel have a joint proposal as to scheduling, then they should make that proposal to the Court by December 21, 2012. If, after good-faith conference, counsel can not agree on how to proceed then they should jointly contact Chambers by December 21, 2012, to schedule an in-person case management conference before the Court. So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 12/14/2012) (js)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 129 Filed: 10/25/2012, Entered: 10/25/2012 Order on Motion to StrikeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MEMO ENDORSEMENT: denying [104] Motion to Strike Document No. [97]. A factual issue having been presented this motion is denied. So Ordered. (Signed by Judge Robert W. Sweet on 10/25/2012) (mt)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Status Conference
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Minute Entry for proceedings held before Judge Robert W. Sweet: Motion hearing held on 10/24/2012. Motion for discovery heard. (ja)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 128 Filed: 10/23/2012, Entered: 10/23/2012 Declaration in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            DECLARATION of Scott I. Unger, Esquire in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (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)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 127 Filed: 10/17/2012, Entered: 10/17/2012 Reply Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              REPLY AFFIRMATION of Albert K. Lawler in Support re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-B)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 126 Filed: 10/17/2012, Entered: 10/17/2012 Reply Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY AFFIDAVIT of Brian Edelman in Support re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits 1-8)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 125 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AFFIRMATION of Scott Univer, Esquire in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 124 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AFFIRMATION of Scott I. Unger, Esquire in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 123 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AFFIRMATION of Joan Antoniello in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 122 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        AFFIRMATION of Michael Gault in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 121 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIRMATION of Jill Maerkle in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 120 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIRMATION of David Katz in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 119 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AFFIRMATION of Jack Kohut in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 118 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIRMATION of Hoitsz Michel in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 117 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AFFIRMATION of Alfred Rivers in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 116 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AFFIRMATION of David Weinstock in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 115 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AFFIRMATION of Bryan Buffalino, Esquire in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 114 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        AFFIRMATION of Scott Univer, Esquire in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Debra Schatzki, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 113 Filed: 10/15/2012, Entered: 10/15/2012 Affirmation in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIRMATION of Scott I. Unger, Esquire in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Debra Schatzki, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 112 Filed: 10/15/2012, Entered: 10/15/2012 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [111] Response in Opposition to Motion. ERROR(S): Re-File Main Document as a Memorandum in Opposition to Motion (Found under the Event Type - Replies, Opposition and Supporting Documents); then file all 11 Certifications in Opposition to Motion (individually) using the Event Type Affirmation in Opposition to Motion. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 111 Filed: 10/10/2012, Entered: 10/10/2012 Response in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Opposition re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Declaration of Scott Unger, Esq., # (2) Declaration of Michael Gault, # (3) Declaration of Bryan Buffalino, Esq., # (4) Declaration of Scott Univer, Esq., # (5) Declaration of Jack Kohut, # (6) Declaration of David Katz, # (7) Declaration of David Weinstock, # (8) Declaration of Joan Antoniello, # (9) Declaration of Hoitsz Michel, # (10) Declaration of Alfred Rivers, # (11) Declaration of Jill Maerkle)(Unger, Scott) Modified on 10/11/2012 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 110 Filed: 10/1/2012, Entered: 10/2/2012 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER: The previous scheduling order is vacated and amended as follows: the Plaintiffs' motion, dated September 19, 2012, will be heard at noon on Wednesday, October 24, 2012 in courtroom 18C. All motion papers shall be served in accordance with the parties' stipulation of scheduling order (docket no. 108). Set Deadlines/Hearing as to [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer:( Motion Hearing set for 10/24/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/1/2012) (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 109 Filed: 9/28/2012, Entered: 9/28/2012 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER: The Plaintiffs' motion, dated September 19, 2012, will be heard at noon on Wednesday, October 10, 2012 in courtroom 18C. All motion papers shall be served in accordance with Local Civil Rule 6.1. Set Deadlines/Hearing as to [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer :( Motion Hearing set for 10/10/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/27/2012) (mro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank  Case Management Conference
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 9/27/2012. Case management conference held via telephone. (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 108 Filed: 9/24/2012, Entered: 9/24/2012 Notice (Other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of Stipulated Scheduling Order as to Plaintiff's Motion to Strike re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 107 Filed: 9/19/2012, Entered: 9/19/2012 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW in Support re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 106 Filed: 9/19/2012, Entered: 9/19/2012 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIDAVIT of Brian Edelman in Support re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 105 Filed: 9/19/2012, Entered: 9/19/2012 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AFFIRMATION of James J. Mahon in Support re: [104] MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-C, # (2) Exhibit Exhibits D-F, # (3) Exhibit Exhibits G-J, # (4) Exhibit Exhibit K, # (5) Exhibit Exhibits L-P)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 104 Filed: 9/19/2012, Entered: 9/19/2012, Terminated: 10/25/2012 Motion to Strike
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION to Strike Document No. [97] Motion to Strike Defendants' Answer. Document filed by Debra Schatzki. Responses due by 10/3/2012 Return Date set for 10/10/2012 at 12:00 PM.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 103 Filed: 8/29/2012, Entered: 8/30/2012 Order on Motion for Extension of Time to Complete DiscoveryCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMO ENDORSEMENT on re: [98] Motion for Extension of Time to Complete Discovery. ENDORSEMENT: The within motion is denied as moot, in light of the Stipulation and Order subsequently submitted b the parties and entered by the Court on 8/29/2012 (Dkt. 102). (Signed by Magistrate Judge Debra C. Freeman on 8/29/2012) (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 102 Filed: 8/29/2012, Entered: 8/29/2012 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    STIPULATION AND ORDER: Defendants shall produce the following documents: as to each client in the database identified on the lists as Schatzki Joint clients, documents showing all Weiser income. If they exist, and allow inspection of the ACT! database by Plaintiffs' expert no later than September 10, 2012. Plaintiffs shall serve a supplemental expert report, if desired, upon Defendants pursuant to FRCP 26(a)(2), no later than September 24, 2012. Defendants shall serve their experts' rebuttal report, if desired, upon Plaintiff pursuant to FRCP 26(a)(2) no later than October 24, 2012. Depositions of the experts shall commence no later than November 16, 2012 for the Plaintiffs' expert and November 30, 2012 for the Defendants' experts. All discovery shall be complete by December 15, 2012. The parties shall submit to the Court trial briefs, a joint proposed pre-trial order, and if applicable, motions in limine, proposed jury charges, voir dire requests or a special verdict form by January 15, 2013. Prior to the submission of the final pre-trial order, the parties are directed to exchange offers of settlement. ( Discovery due by 12/15/2012. Pretrial Order due by 1/15/2013.) (Signed by Magistrate Judge Debra C. Freeman on 8/29/2012) (ja)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 101 Filed: 8/27/2012, Entered: 8/27/2012 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER: The pre-trial submissions and scheduling in the above-captioned action will be addressed by Magistrate Judge Debra Freeman. It Is So Ordered. (Signed by Judge Robert W. Sweet on 8/23/2012) (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Case Management Conference
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 8/17/2012. (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 100 Filed: 8/15/2012, Entered: 8/15/2012 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW in Support re: [98] MOTION for Extension of Time to Complete Discovery.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 99 Filed: 8/15/2012, Entered: 8/15/2012 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIRMATION of James J. Mahon in Support re: [98] MOTION for Extension of Time to Complete Discovery.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-D, # (2) Exhibit Exhibit E, # (3) Exhibit Exhibits F-J)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 98 Filed: 8/15/2012, Entered: 8/15/2012, Terminated: 8/29/2012 Motion for Extension of Time to Complete Discovery
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Extension of Time to Complete Discovery. Document filed by Debra Schatzki. Return Date set for 9/5/2012 at 12:00 PM.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 97 Filed: 8/9/2012, Entered: 8/9/2012 Answer to Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ANSWER to [96] Amended Complaint, with JURY DEMAND. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank  Case Management Conference
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 8/9/2012. (rjm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 96 Filed: 7/23/2012, Entered: 8/6/2012 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    THIRD AMENDED COMPLAINT amending [36] Amended Complaint, against Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP with JURY DEMAND.Document filed by BPP Wealth, Inc., Debra Schatzki. Related document: [36] Amended Complaint, filed by BPP Wealth, Inc. (lmb) (Additional attachment(s) added on 8/17/2012: # (1) service) (ml).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank  Note to Attorney to E-Mail PDF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney James J. Mahon for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document [96] Amended Complaint, to: caseopenings@nysd.uscourts.gov. (lmb)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Mediator Session Held
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Mediator Session Held on 07/09/2012 at 233 Broadway.(ms)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 95 Filed: 7/3/2012, Entered: 7/3/2012 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          OPINION: #102049 The Plaintiffs' motion for leave to amend is denied as to the CFAA claim as the allegations of the violation are inadequate, and leave is granted to serve and file a TAC containing a cause of action for unjust enrichment. (Signed by Judge Robert W. Sweet on 6/30/2012) (ft) Modified on 7/11/2012 (jab).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Terminate Mediation Case Tracking Deadlines
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Terminate Mediation Case Tracking Deadlines: Mediator Schedule Deadline. (sn)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank  Mediator Session Scheduled/Re-Scheduled
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 07/09/12, 10:00AM at 233 Broadway (Barclay St Entrance).(ms)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank  Notice of Mediator Assignment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/22/2012.(ms)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 94 Filed: 5/18/2012, Entered: 5/18/2012 Consent OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  CONSENT ORDER REFERRING THE CASE TO THE S.D.N.Y ALTERNATIVE DISPUTE RESOLUTION PROGRAM AND FURTHER EXTENDING THE TIME FOR THE COMPLETION OF EXPERT DISCOVERY AND THE COMPLETION OF THE FINAL PRE-TRIAL ORDER: Defendants shall produce expert(s) report(s) by Friday, June 29, 2012. The case is referred to the United States District Court for the Southern District of New York Alternate Dispute Program for mediation (hereinafter "mediation"). The mediation shall occur after Monday, July 2, 2012. The Parties agree to act in good faith to arrange mediation in July, 2012. Expert depositions shall be completed by August 15, 2012. The final pre-trial Order shall be completed and filed with the Court on or before September 15, 2012. ( Deposition due by 8/15/2012., Pretrial Order due by 9/15/2012.) (Signed by Judge Robert W. Sweet on 5/17/2012) (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank  Transmission to Mediation Clerk
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Transmission to Mediation Clerk. Transmitted re: [94] Consent Order, Set Deadlines/Hearings to the Mediation Clerk for case processing. (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 93 Filed: 5/16/2012, Entered: 5/17/2012 Order of Automatic Referral to MediationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CONSENT ORDER REFERRING THE CASE TO THE S.D.N.Y ALTERNATIVE DISPUTE RESOLUTION PROGRAM AND FURTHER EXTENDING THE TIME FOR THE COMPLETION OF EXPERT DISCOVERY AND THE COMPLETION OF THE FINAL PRE-TRIAL: (See M-10-468 Order filed January 3, 2011). Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/29/2012. 1. Defendants shall produce expert(s) report(s) by Friday, June 29, 2012; 2. The case is referred to the United States District Court for the Southern District of New York Alternate Dispute Program for mediation (hereinafter "mediation"). 3. The mediation shall occur after Monday, July 2, 2012. 4. The Parties agree to act in good faith to arrange mediation in July, 2012. 5. Expert depositions shall be completed by August 15, 2012; 6. The final pre-trial Order shall be completed and filed with the Court on or before September 15, 2012. 7. A copy of the within Order be shall served upon all counsel within 1 days of receipt of this Order. (Signed by Judge Robert W. Sweet on 5/14/2012) (djc) Modified on 5/18/2012 (djc).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Set/Reset Deadlines
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Set/Reset Deadlines: Deposition due by 8/15/2012. Pretrial Order due by 9/15/2012. (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Discovery Hearing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing/Conference held via telephone on 5/10/2012. (cd)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Motion Hearing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Minute Entry for proceedings held before Judge Robert W. Sweet: Motion Hearing held on 4/4/2012 re: [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint filed by Debra Schatzki. (mro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 92 Filed: 3/26/2012, Entered: 3/26/2012 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AFFIDAVIT of Debra Schatzki in Support re: [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A - F, # (2) Affidavit Affidavit of Service)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 91 Filed: 3/26/2012, Entered: 3/26/2012 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support re: [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint.. Document filed by Debra Schatzki. (Attachments: # (1) Affidavit Affidavit of Service)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 89 Filed: 3/20/2012, Entered: 3/20/2012 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM OF LAW in Opposition re: [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit A-K)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 90 Filed: 3/19/2012, Entered: 3/26/2012 Consent OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CONSENT ORDER: that, plaintiffs shall by Friday, March 30, 2012, produce all documents reviewed by any and all expert(s) identified by the Plaintiffs prior to the execution of this Consent Order. Expert depositions shall be completed by June 18, 2012. The final pre-trial Order shall be completed and flied with the Court on or before July 20, 2012. Additional relief as set forth in this Order. ( Deposition due by 6/18/2012., Pretrial Order due by 7/20/2012., Request for Production of Documents due by 3/30/2012.) (Signed by Magistrate Judge Debra C. Freeman on 3/19/2012) (pl)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 88 Filed: 3/19/2012, Entered: 3/20/2012 Consent OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CONSENT ORDER: 1. Plaintiffs shall by Friday, March 30, 2012, produce all documents reviewed by any and all expert(s) identified by the Plaintiffs prior to the execution of this Consent Order; 2. Defendants shall produce a rebuttal expert report(s) by Friday, May 18, 2012; 3. Expert depositions shall be completed by June 18, 2012; 4. The final pre-trial Order shall be completed and filed with the Court on or before July 20, 2012., ( Deposition due by 6/18/2012., Pretrial Order due by 7/20/2012.) (Signed by Magistrate Judge Debra C. Freeman on 3/19/2012) (lmb)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 87 Filed: 3/13/2012, Entered: 3/14/2012 LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Letter addressed to Magistrate Judge Debra C. Freeman from Christopher S. Rooney dated 3/07/2012 re: I am writing in response to the letter from Defendants' counsel, Scott I. Unger, Esq., to Your Honor dated March 6, 2012. Document filed by BPP Wealth, Inc., Debra Schatzki.(ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 86 Filed: 3/13/2012, Entered: 3/14/2012 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Scott I. Unger dated 3/06/2012 re: The purpose of this letter is to request a telephone conference with counsel to discuss Plaintiffs' untimely production of a March I, 2012 expert report. ENDORSEMENT: The Court having reviewed the within letter and the response from opposing counsel, and having held a conference with counsel on 3/13/12 to discuss the issues raised by counsel's correspondence, it is hereby ORDERED: that Plaintiffs shall not be precluded from offering their belated-produced expert report on the ground that it was untimely. Nothing herein shall be construed as ruling on the admissibility of this report or any other ground. Counsel are directed to confer in good faith and to submit to this Court, no later than 3/16/12, a jointly-proposed, modified schedule for: (a) the production by Plaintiffs of all documents considered by the expert in forming his her opinion, (b) the production of a rebuttal expert report by Defendants, if desired, (c) the deposition of these experts, and (d) the submission of all pretrial materials required by Judge Sweet, including a joint pretrial order and any motions in limine. Except as set fort herein or as otherwise modified by the Court, the current deadline of 4/19/12 for the completion of fact discovery shall remain in place. (Signed by Magistrate Judge Debra C. Freeman on 3/13/2012) (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Discovery Hearing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 3/13/2012. (rjm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 85 Filed: 3/8/2012, Entered: 3/8/2012 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER: The Plaintiff's motion for leave to amend the complaint will be heard at noon on Wednesday, April 4, 2012 in courtroom 18C. All motion papers shall be served in accordance with Local Civil Rule 6.1. Set Deadlines/Hearing as to [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint. :( Motion Hearing set for 4/4/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/7/2012) (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 84 Filed: 3/7/2012, Entered: 3/7/2012 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 83 Filed: 3/7/2012, Entered: 3/7/2012 Affirmation in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AFFIRMATION of James J. Mahon in Support re: [80] MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-C)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 82 Filed: 3/6/2012, Entered: 3/6/2012, Terminated: 3/6/2012 Motion for Leave to File Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Affirmation in Support of Motion for Leave to File Amended Complaint. Document filed by Debra Schatzki. Return Date set for 4/4/2012 at 12:00 PM. (Attachments: # (1) Exhibit Exhibits A - C)(Rooney, Christopher) Modified on 3/7/2012 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 81 Filed: 3/6/2012, Entered: 3/6/2012, Terminated: 3/6/2012 Motion for Leave to File Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Memorandum of Law. Document filed by Debra Schatzki. Return Date set for 4/4/2012 at 12:00 PM.(Rooney, Christopher) Modified on 3/7/2012 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 80 Filed: 3/6/2012, Entered: 3/6/2012, Terminated: 7/3/2012 Motion for Leave to File Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to File Notice of Motion for Leave to File Amended Complaint. Document filed by Debra Schatzki. Return Date set for 4/4/2012 at 12:00 PM.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [82] MOTION for Leave to File Affirmation in Support of Motion for Leave to File Amended Complaint. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [81] MOTION for Leave to File Memorandum of Law. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 79 Filed: 1/23/2012, Entered: 1/23/2012 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER: The parties shall complete all fact discovery by 4/19/12. The parties shall file all motions, other than motions in limine, by this date. The parties shall submit to the Court trial briefs, a joint proposed pretrial Order, and, if applicable, motions in linine and proposed jury charges, voir dire requests and special verdict from in accordance with the annexed form and instructions by 5/9/12. A final pretrial conference will be held at 4:30 p.m. on that date. (Fact Discovery due by 4/19/2012., Motions due by 4/19/2012., Proposed Pretrial Order due by 5/9/2012.), ( Final Pretrial Conference set for 5/9/2012 at 04:30 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/23/2012) (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 78 Filed: 1/19/2012, Entered: 1/19/2012 Memorandum & OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                OPINION: #101312 Based on the conclusions set forth, the Defendants' motion for partial summary judgment is granted in part, and the Plaintiffs' motion for partial summary judgment is denied. (Signed by Judge Robert W. Sweet on 1/18/2012) (rdz) Modified on 1/23/2012 (jab).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 77 Filed: 12/19/2011, Entered: 12/21/2011 Reply Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY BRIEF IN FURTHER SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT: re: [40] MOTION for Partial Summary Judgment Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 76 Filed: 12/19/2011, Entered: 12/21/2011 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    DEFENDANTS' RESPONSE TO PLAINTIFF'S 56.1 STATEMENT OF UNCONTESTED MATERIAL FACTS: Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 75 Filed: 12/19/2011, Entered: 12/21/2011 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Scott I. Unger dated 12/14/2011 re: Please accept this letter in accordance with Your Honor's Order of November 16,2011, requiring my office to confer with counsel for Mr. Berlin and make a submission to the Court, indicating the extent to which any of the Docket entries listed in this paragraph should remain under seal. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 12/19/2011) (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Note to Attorney Regarding the Filing of Letters - Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [74] HAS BEEN REJECTED. Note to Attorney Scott Ian Unger : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 74 Filed: 12/12/2011, Entered: 12/12/2011 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STATUS REPORT. Letter of Scott Unger, Esquire per the Court's Order of November 16, 2011. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit "A" - Defendants' Redacted Response to Plaintiffs' Rule 56.1 Statement, # (2) Exhibit "B" - Defendants' Redacted Reply Brief in further support of Defendants' Motion for Summary Judgment)(Unger, Scott) Modified on 12/13/2011 (ka).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Sealed Legal Document 73 Filed: 12/9/2011, Entered: 12/9/2011 Sealed Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            SEALED DOCUMENT placed in vault.(nm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 72 Filed: 11/30/2011, Entered: 11/30/2011 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AFFIDAVIT of Debra Schatzki in Support re: [46] CROSS MOTION for Summary Judgment.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A - D, # (2) Exhibit Exhibits E - L, # (3) Exhibit Exhibits M - P)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 71 Filed: 11/30/2011, Entered: 11/30/2011 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: [46] CROSS MOTION for Summary Judgment.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 70 Filed: 11/28/2011, Entered: 11/28/2011 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AFFIDAVIT of DEBRA SCHATZKI in Support re: [46] CROSS MOTION for Summary Judgment.. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A - D, # (2) Exhibit Exhibits E - L, # (3) Exhibit Exhibits M - P)(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 69 Filed: 11/18/2011, Entered: 11/18/2011 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    FILING ERROR - DEFICIENT DOKET ENTRY - AFFIDAVIT of Debra Schatzki in Support re: [68] CROSS MOTION for Summary Judgment. Document filed by Debra Schatzki. (Attachments: # (1) Exhibit Exhibits A-D, # (2) Exhibit Exhibits E-L, # (3) Exhibit Exhibits M-P)(Rooney, Christopher) Modified on 11/21/2011 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 68 Filed: 11/18/2011, Entered: 11/18/2011, Terminated: 11/18/2011 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTD FROM MENU - CROSS MOTION for Summary Judgment. Document filed by Debra Schatzki. (Rooney, Christopher) Modified on 11/21/2011 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [69] Affidavit in Support of Motion. ERROR(S): Document linked to filing error. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [68] CROSS MOTION for Summary Judgment. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion WAS NOT FILED. First file motion, then file and link any supporting documents. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 67 Filed: 11/16/2011, Entered: 11/16/2011 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER: The Court's Sealing Order is hereby lifted as to the materials docketed as Dkts. 49, 50, 51, and 54. As to the materials docketed as Dkts. 47 and 48, the original, unredacted materials filed under these Docket numbers shall remain under seal, but Plaintiffs shall separately file, for the public record, redacted versions of these materials, in the manner set forth in the 10/21/2011 letter referred to above. Plaintiffs are also directed to file unredacted hard copies of these documents, under seal, with the Records Management Office, located at 500 Pearl Street, Room 270, New York, New York 10007. As to Defendants' summary judgment filings, the Clerk of the Court is directed to place the following Docket entries under seal, pending further order of the Court: Dkts. 38 (including Dkts. 38, 38-1, 38-2, 38-3, and 38-4), 39 (including Dkts. 39, and 39-1), 56 (including Dkts. 56, 56-1, 56-2, and 56-3), 57, 58, 59, 60 (including Dkts. 60, 60-1, 60-2, and 60-3), and 61. Defendants' counsel shall promptly provide copies of these filings to Mr. Berlin's counsel, and counsel are then directed to engage in good faith conference regarding any appropriate confidentiality designations. No later than 12/9/2011, counsel for Defendants and for Mr. Berlin shall make a joint submission to this Court, indicating the extent to which any of the Docket entries listed in this paragraph should remain under seal. (Signed by Magistrate Judge Debra C. Freeman on 11/15/2011) copies Mailed By Chambers. (ft)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank  Transmission to Sealed Records Clerk
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Transmission to Sealed Records Clerk. Transmitted re: [67] Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ft)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 66 Filed: 10/24/2011, Entered: 10/24/2011 Notice (Other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Letter Request to Seal per Confidentiality Stipulation and Order by Scott I. Unger, Esquire re: [64] Endorsed Letter,,,,,, [59] Declaration in Opposition to Motion, [60] Reply Memorandum of Law in Support of Motion,,. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Sealed Legal Document 65 Filed: 10/14/2011, Entered: 10/14/2011 Sealed Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  SEALED DOCUMENT placed in vault.(mps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 64 Filed: 10/5/2011, Entered: 10/5/2011 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge Debra Freeman from Albert K. Lawler dated 9/23/2011 re: This letter is in response to a letter to Your Honor by Lisa Manshel, attorney for witness Jordan Berlin, dated September 20, 2011. ENDORSEMENT: As counsel is aware, the Confidentiality Order entered by the Court on May 20, 2011 was modified by the Court in a lated telephone conference with counsel for the parties and from non-party Jordan Berlin. Pursuant to the Courts' directive, plaintiff's counsel was required to afford Mr. Berlin's counsel the opportunity to designate as "Confidential" sensitive information regarding Mr. Berlin (specifically, information regarding his job performance and compensation) prior to the public filing of any such information. It appears that plaintiff's counsel has not complied with the directive. Accordingly, the Clerk of the Court is directed to place the following Docket entries under seal, pending further order of the Court: Dkt 47, 48, 49, 50, 51 and 54. Plaintiff counsel shall promptly provide copies of these filings to Mr. Berlin's counsel, and counsel are then directed to engage in good faith conference regarding any appropriate confidentiality designation. No late than two weeks from the date of this Order, counsel shall make a joint submission to this court, indicating the extent to which any of the Docket entries listed herein should remain under seal. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 10/05/2011) (ama) Modified on 10/13/2011 (ama).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 63 Filed: 9/16/2011, Entered: 9/16/2011 Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AFFIDAVIT of Michele DeFelice in Support re: [46] CROSS MOTION for Summary Judgment.. Document filed by Debra Schatzki. (Attachments: # (1) Supplement Letter Requesting Consideration of Affidavit)(Rooney, Christopher) Modified on 11/15/2011 (sn).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 62 Filed: 9/15/2011, Entered: 9/15/2011 Reply Affidavit in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY AFFIDAVIT of Debra Schatzki in Support re: [46] CROSS MOTION for Summary Judgment.. Document filed by Debra Schatzki. (Attachments: # (1) Letter Requesting Consideration of Reply Affidavit)(Rooney, Christopher) Modified on 11/15/2011 (sn).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 61 Filed: 9/14/2011, Entered: 9/14/2011 Certificate of Service Other
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE of Reply in Further Support of Defendants' Motion for Partial Summary Judgment and Response in Opposition to Plaintiffs' Cross-Motion for Partial Summary Judgment served on Plaintiffs on 9/14/2011. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott) Modified on 12/21/2011 (jar).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 59 Filed: 9/14/2011, Entered: 9/14/2011 Declaration in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            DECLARATION of Scott I. Unger, Esquire in Opposition re: [46] CROSS MOTION for Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott) Modified on 12/21/2011 (jar).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 58 Filed: 9/14/2011, Entered: 9/14/2011 Declaration in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DECLARATION of Kathleen Cheuk in Opposition re: [46] CROSS MOTION for Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott) Modified on 12/21/2011 (jar).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 57 Filed: 9/14/2011, Entered: 9/14/2011 Declaration in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DECLARATION of Hoitsz Michel in Opposition re: [46] CROSS MOTION for Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott) Modified on 12/21/2011 (jar).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 55 Filed: 9/9/2011, Entered: 9/9/2011 Certificate of Service Other
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE of Cross Motion for Summary Judgment served on Weiser Capital Management, LLC on 9/8/2011. Service was accepted by Scott Unger, Esq., Stark & Stark, Attorneys for Defendants. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 53 Filed: 9/8/2011, Entered: 9/8/2011, Terminated: 9/8/2011 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CROSS MOTION for Summary Judgment Certificate of Service. Document filed by Debra Schatzki.(Rooney, Christopher) Modified on 9/9/2011 (ldi).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 52 Filed: 9/8/2011, Entered: 9/8/2011 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: [40] MOTION for Partial Summary Judgment. Rule 56.1 Statement of Facts. Document filed by Debra Schatzki. (Attachments: # (1) Supplement Objections to Defendant's Statement of Facts)(Rooney, Christopher) Modified on 9/9/2011 (ldi).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 46 Filed: 9/8/2011, Entered: 9/8/2011, Terminated: 1/19/2012 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CROSS MOTION for Summary Judgment. Document filed by Debra Schatzki. Responses due by 9/21/2011 Return Date set for 9/21/2011 at 12:00 PM.(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [53] CROSS MOTION for Summary Judgment Certificate of Service. Use the event type Certificate of Service Other found under the event list Service of Process. (ldi)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher S. Rooney to RE-FILE Document [52] Response to Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. You must also file the attached document titled "Plaintiff's Objections to Defendants' Rule 56.1 Statement" using the event type Counter Statement to Rule 56.1, also found under Other Answers. (ldi)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 45 Filed: 8/30/2011, Entered: 8/30/2011 Case Management PlanCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              CASE MANAGEMENT PLAN AND PRETRIAL ORDER: IT IS HEREBY ORDERED that: All motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this Court. The parties shall comp1ete all fact and expert discovery by July 30, 2011, and file all motions other than motions in limine after which no discovery will be conducted and no motion will be entertained without a showing of special circumstances. Within, seven (7) days receipt of the Court's decision on Defendants' motion for partial summary judgment (Docket #40-44), Plaintiffs shall submit a draft of the joint pretrial order to the Defendants. Unless otherwise ordered by the Court, within thirty (30) days receipt of the Court's decision on Defendants' motion for partial summary judgment (Docket #40-44), the parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, motions in limine and proposed jury charges, voir dire requests and special verdict form in accordance with the form and instructions annexed to the Court's December 6, 2010 Order (Docket #21). Unless otherwise so ordered and arranged by the Court, a final pretrial conference will be held at 4:30 p.m. on that date, and the action shall be added to the trial calendar published via the Court's CM/ECF system and in the New York Law Journal. (Signed by Judge Robert W. Sweet on 8/25/2011) (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 44 Filed: 8/18/2011, Entered: 8/18/2011 Certificate of Service Other
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE of Notice of Motion for Partial Summary Judgment served on PLAINTIFFS on August 18, 2011. Service was accepted by CM/ECF. Service was made by MAIL. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 43 Filed: 8/18/2011, Entered: 8/18/2011 Rule 56.1 Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RULE 56.1 STATEMENT. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Attachments: # (1) Exhibit Transcript of Deposition of Debra Schatzki)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 42 Filed: 8/18/2011, Entered: 8/18/2011 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: [40] MOTION for Partial Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 41 Filed: 8/18/2011, Entered: 8/18/2011 Declaration in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      DECLARATION of Scott I. Unger, Esquire in Support re: [40] MOTION for Partial Summary Judgment.. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 40 Filed: 8/18/2011, Entered: 8/18/2011, Terminated: 1/19/2012 Motion for Partial Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Partial Summary Judgment. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Responses due by 9/1/2011 Return Date set for 9/21/2011 at 12:00 PM.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 39 Filed: 8/18/2011, Entered: 8/18/2011, Terminated: 8/18/2011 Motion for Partial Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Partial Summary Judgment Rule 56.1 Statement of Uncontested Material Facts in Support of Motion for Partial Summary Judgment and Exhibit "A" thereto. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Responses due by 9/1/2011 Return Date set for 9/21/2011 at 12:00 PM. (Attachments: # (1) Exhibit Exhibit "A" - Transcript of Deposition of Plaintiff Debra Schatzki)(Unger, Scott) Modified on 8/18/2011 (ldi). Modified on 12/21/2011 (jar).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 38 Filed: 8/18/2011, Entered: 8/18/2011, Terminated: 8/18/2011 Motion for Partial Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Responses due by 9/1/2011 Return Date set for 9/21/2011 at 12:00 PM. (Attachments: # (1) Memorandum of Law in Support of Defendants' Motion for Partial Summary Judgment, # (2) Declaration of Counsel, # (3) Text of Proposed Order, # (4) Certificate of Service)(Unger, Scott) Modified on 8/18/2011 (ldi). Modified on 12/21/2011 (jar).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [39] MOTION for Partial Summary Judgment Rule 56.1 Statement of Uncontested Material Facts in Support of Motion for Partial Summary Judgment and Exhibit "A" thereto. Use the event type Rule 56.1 Statement found under the event list Other Answers. (ldi)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [38] MOTION for Partial Summary Judgment. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion and Declaration in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 37 Filed: 8/8/2011, Entered: 8/8/2011 Amended Answer to Complaints
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AMENDED ANSWER to [36] Amended Complaint, with JURY DEMAND. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 36 Filed: 8/4/2011, Entered: 8/5/2011 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SECOND AMENDED COMPLAINT amending [27] Amended Complaint against Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP with JURY DEMAND.Document filed by BPP Wealth, Inc.. Related document: [27] Amended Complaint filed by Financial Computer Services, Inc., BPP Wealth, Inc., Debra Schatzki, Brian S. Edelman.(mbe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 35 Filed: 8/2/2011, Entered: 8/2/2011 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      STIPULATION: Defendants' Counsel has produced certain documents and may produce additional documents in response to a Subpoena served upon them dated July 19, 2011. Production of said documents does not constitute a waiver of attorney client privilege. (Signed by Magistrate Judge Debra C. Freeman on 8/2/2011) (rdz)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 34 Filed: 8/2/2011, Entered: 8/2/2011 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STIPULATION TO FURTHER AMEND COMPLAINT AND ANSWER: Permit Plaintiffs to serve the Second Amended Complaint annexed hereto and file a paper copy with the Court within 14 days; Defendants' Counsel has accepted service of the Second Amended Complaint. Permit Defendants 14 days from date of Service the Second Amended Complaint to serve and file a Second Amended Answer. (Signed by Magistrate Judge Debra C. Freeman on 8/2/2011) (rdz)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank  Discovery Hearing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 7/25/2011. (ft)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 33 Filed: 5/25/2011, Entered: 5/25/2011 Memo EndorsementCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMO ENDORSEMENT on re: [32] Confidentiality Stipulation. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 5/24/2011) (tro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 32 Filed: 5/20/2011, Entered: 5/23/2011 Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              CONFIDENTIALITY STIPULATION AND ORDER regarding procedures to be followed that shall govern the handling of confidential material during the course of these proceedings. ENDORSEMENT: The within stipulation is hereby adopted, except that any application to maintain the confidentiality of documents or information at trial shall be made to the trial judge, in advance of trial. (Signed by Magistrate Judge Debra C. Freeman on 5/20/11) (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone Conference held on 4/29/2011. (tro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 31 Filed: 4/26/2011, Entered: 4/26/2011 Order Referring Case to Magistrate JudgeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Robert W. Sweet on 4/26/11) (cd)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 30 Filed: 4/25/2011, Entered: 4/25/2011 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge Robert W. Sweet from James J. Mahon dated 4/21/2011 re: Requesting that the Court consider the immediate appointment of Magistrate Judge Freeman to supervise discovery in this matter. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 4/22/2011) (jpo)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 29 Filed: 1/31/2011, Entered: 1/31/2011 Amended Answer to Complaints
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AMENDED ANSWER to with JURY DEMAND. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 28 Filed: 1/26/2011, Entered: 1/26/2011 Order on Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER: Defendants' motion to dismiss Claim Five of the Amended Complaint is denied. It is so ordered. (See ORDER as set forth) (Signed by Judge Robert W. Sweet on 1/26/2011) (lnl)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 27 Filed: 1/10/2011, Entered: 1/11/2011 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AMENDED COMPLAINT against Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP with JURY DEMAND.Document filed by BPP Wealth, Inc., Debra Schatzki, Financial Computer Services, Inc., Brian S. Edelman.(mbe) (nd).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 26 Filed: 1/3/2011, Entered: 1/3/2011 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Judge Robert W. Sweet from James Mahon dated 12/17/10 re: Request that the time for service and filing of the paper copy of the Amended Complaint be extended for 14 days. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 12/24/10) (cd)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 25 Filed: 12/23/2010, Entered: 12/23/2010 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM OF LAW in Opposition re: [23] MOTION to Dismiss Count Five of Plaintiffs' First Amended Complaint.. Document filed by Debra Schatzki. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank  Note Rejection of Attempted Paper Filing in ECF Case
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Memorandum Of Law In Support Of Defendants Pre-Answer Motion To Dismiss Plaintiffs' Civil Conspiracy Claim As A Matter Of Law Scott I Unger, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (jab)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 24 Filed: 12/16/2010, Entered: 12/16/2010 Notice (Other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Change of Name. Document filed by BPP Wealth, Inc.. (Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 23 Filed: 12/10/2010, Entered: 12/10/2010, Terminated: 1/26/2011 Motion to Dismiss
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION to Dismiss Count Five of Plaintiffs' First Amended Complaint. Document filed by Hoitsz Michel, Weiser Capital Management, LLC, Weisermazars, LLP. Responses due by 12/27/2010 Return Date set for 1/3/2011 at 10:00 AM. (Attachments: # (1) Memorandum of Law in Support of Motion to Dismiss)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 22 Filed: 12/8/2010, Entered: 12/8/2010 Jury Demand
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      DEMAND for Trial by Jury. Document filed by Debra Schatzki(Rooney, Christopher)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 21 Filed: 12/6/2010, Entered: 12/6/2010 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER: It is hereby Ordered that all motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this Court. The parties shall complete all fact discovery by 7/30/11 and file all motions other than motions in limine after which no discovery will be conducted and no motion will be entertained without a showing of special circumstances. The parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, motions in limine and proposed jury charges, voir dire requests and special verdict form in accordance with the annexed form and instructions by 8/24/11. A final pretrial conference will be held at 4:30 p.m. on that date. (Signed by Judge Robert W. Sweet on 12/6/2010) (jfe) Modified on 12/8/2010 (jfe).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DISCOVERY PLAN: Depositions of the parties shall commence after February 1, 2011, at mutually convenient dates and times, without prejudice to ether party conducting a non-party deposition beforehand at a mutually convenient date, time and place. Plaintiffs, Defendants and Third-Party Defendants shall serve subpoenas upon any non-party witness no later than March 1, 2011 seeking the production of documents and or depositions. Plaintiffs shall serve their expert's report upon defendants pursuant to Federal Rule of Civil Procedure 26 (a)(2), no later than May 1, 2011. Defendants shall serve their expert's rebuttal report upon Plaintiff, pursuant to 'Federal Rule of Civil Procedure 26 (a)(2) no later than June 1, 2011. Depositions of the experts shall commence no later than June 15, 2011 for the Plaintiffs' expert and July 15, 2011 for the Defendants' expert. All discovery shall be complete by July 30, 2011. The parties reserve the right to seek or to schedule additional discovery as may become necessary, so long as it is completed by July 30, 2011. (Signed by Judge Robert W. Sweet on 12/6/2010) (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Set/Reset Deadlines: Deposition due by 7/15/2011. Discovery due by 7/30/2011. (jfe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 19 Filed: 12/3/2010, Entered: 12/3/2010 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STIPULATION AND ORDER: Plaintiffs, Defendants and Third-Party Defendants hereby stipulate and agree, pursuant to Federal Rule of Civil Procedure 15 (a) (2) to: a. Permit Plaintiffs to serve and file an Amended Complaint within 5 days of the date of Court approval of this Stipulation; b. Permit Defendants 20 days from date of filing the Amended Complaint to serve and file an Amended Answer, Counterclaim and a Third-Party Complaint; and c. Permit Plaintiffs and Third-Party Defendants 14 days from date of filing of the Answer, Counterclaim and Third-Party Complaint to serve and file a Reply to the Amended Answer, Counterclaim and an answer to the Third-Party Complaint. (See STIPULATION AND ORDER as set forth) (Signed by Judge Robert W. Sweet on 12/2/2010) (lnl)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone Status Conference held on 9/1/2010. Settlement Conference set for 9/23/2010 at 10:00 AM before Magistrate Judge Debra C. Freeman. (mro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 8/3/2010, Entered: 8/3/2010 Order Referring Case to Magistrate JudgeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Sidney H. Stein on 8/3/10) (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 8/3/2010, Entered: 8/3/2010 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge Sidney H. Stein from Christopher S. Rooney dated 7/29/10 re: counsel requests that the hearing on those motions (cross-motion for temporary restraining orders and preliminary injunctive relief) that is currently scheduled for August 5, 2010 be canceled. ENDORSEMENT: Application granted. (Signed by Judge Sidney H. Stein on 8/2/10) (djc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank  Note to Attorney Regarding the Filing of Letters - Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [16] HAS BEEN REJECTED. Note to Attorney Christopher S. Rooney : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 16 Filed: 7/29/2010, Entered: 7/29/2010 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STATUS REPORT. (Letter Advising of Parties' Resolution of Issues Raised by Motions). Document filed by Debra Schatzki.(Rooney, Christopher) Modified on 7/30/2010 (KA).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 15 Filed: 7/6/2010, Entered: 7/6/2010 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Judge Sidney H. Stein from Scott I. Unger dated 7/1/10 re: the parties respectfully requests that the briefing schedule established in the Court's June 22, 2010 Order be extended three (3) weeks, and that the hearing schedule for July 15th be adjourned to a future date, if necessary, to allow the parties to finalize their discussions and formalize their resolution of these issues. ENDORSEMENT: Replies to the cross motions are extended to July 29, 2010, the hearing is adjourned to Aug. 5, 2010, at 11:00 a.m. So Ordered. (Signed by Judge Sidney H. Stein on 7/6/10) (pl)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank  Note to Attorney Regarding the Filing of Letters - Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [14] HAS BEEN REJECTED. Note to Attorney Scott Ian Unger : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank  Note to Attorney Regarding the Filing of Letters - Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [13] HAS BEEN REJECTED. Note to Attorney Scott Ian Unger : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 14 Filed: 7/1/2010, Entered: 7/1/2010 Status ReportCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STATUS REPORT. (Letter to Judge Stein). Document filed by Weiser Capital Management, LLC, Weisermazars, LLP, Hoitsz Michel.(Unger, Scott) Modified on 7/2/2010 (KA).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 13 Filed: 6/28/2010, Entered: 6/28/2010 Status ReportCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STATUS REPORT. (Letter to Judge Stein). Document filed by Weiser Capital Management, LLC, Weisermazars, LLP, Hoitsz Michel.(Unger, Scott) Modified on 7/2/2010 (KA).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 12 Filed: 6/25/2010, Entered: 6/25/2010 Response in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE in Opposition re: [5] MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. LETTER RESPONSE IN FURTHER OPPOSITION TO PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTIVE RELIEF AND TEMPORARY RESTRAINTS. Document filed by Weiser Capital Management, LLC, Weisermazars, LLP, Hoitsz Michel. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 11 Filed: 6/25/2010, Entered: 6/25/2010 Response in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE in Support re: [5] MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction.. Document filed by Debra Schatzki, BPP Wealth, Inc.. (Attachments: # (1) Text of Proposed Order proposed order)(Lawler, Albert)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 10 Filed: 6/24/2010, Entered: 6/24/2010 Notice of Appearance
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF APPEARANCE by Albert K. Lawler on behalf of Debra Schatzki, BPP Wealth, Inc. (Lawler, Albert)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 9 Filed: 6/22/2010, Entered: 6/22/2010 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER: Responses to the cross motions are due on or before June 29, 2010; The replies are due on or before July 8, 2010; and The hearing will take place on July 15, 2010, at 2:30 p.m. (Signed by Judge Sidney H. Stein Part I on 6/22/2010) (jpo)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 8 Filed: 6/21/2010, Entered: 6/21/2010 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ANSWER to Complaint (Notice of Removal) with JURY DEMAND., THIRD PARTY COMPLAINT against Brian S. Edelman, Financial Computer Services, Inc., Ebix, Inc.., COUNTERCLAIM against Debra Schatzki, BPP Wealth, Inc.. Document filed by Weiser Capital Management, LLC, Weisermazars, LLP, Hoitsz Michel. (Attachments: # (1) Affidavit Declaration of Hoitsz Michel)(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 7 Filed: 6/21/2010, Entered: 6/21/2010 Memorandum of Law in Opposition
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EMERGENCY MEMORANDUM OF LAW in Opposition to Plaintiffs' Emergent Application for Temporary Restraining Order and Preliminary Injunctive Relief., CROSS MEMORANDUM OF LAW in Support of Defendants' Application for Temporary Restraining Order and Preliminary Injunctive Relief. Document filed by Weiser Capital Management, LLC, Weisermazars, LLP, Hoitsz Michel. (Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 6 Filed: 6/21/2010, Entered: 6/21/2010 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BPP Wealth, Inc..(Lawler, Albert)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank  Note to Attorney to E-Mail PDF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Scott Ian Unger for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document [3] Rule 7.1 Corporate Disclosure Statement, [1] Notice of Removal, [2] Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (mro)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 6/17/2010, Entered: 6/17/2010, Terminated: 6/17/2010 Motion for TRO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. (Return Date set for 6/18/2010 at 10:00 AM.) Document filed by Weiser Capital Management, LLC, Weisermazars, LLP, Hoitsz Michel. (Attachments: # (1) Exhibit Answer, Counterclaim and Third-Party Complaint, # (2) Affidavit Declaration of Hoitsz Michel, # (3) Text of Proposed Order)(Unger, Scott) Modified on 6/18/2010 (db).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 6/17/2010, Entered: 6/17/2010 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Weiser Capital Management, LLC, Weisermazars, LLP.(Unger, Scott)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank  Notice to Attorney to Re-File Document - Event Type Error
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Scott Ian Unger to RE-FILE Document [5] MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. (1) Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. (2) The Temporary Restraining Order may be emailed to judgments@nysd.uscourts.gov. (db)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 3 Filed: 6/16/2010, Entered: 6/16/2010 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Weisermazars, LLP.(ama) (nd).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 2 Filed: 6/16/2010, Entered: 6/16/2010 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Weiser Holdings, LLC as Corporate Parent. Document filed by Weiser Capital Management, LLC.(ama) (nd).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 1 Filed: 6/16/2010, Entered: 6/16/2010 Notice of Removal
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF REMOVAL from State Supreme Court, County of New York. Case Number: 650556-10. (Filing Fee $ 350.00, Receipt Number 906682).Document filed by Weiser Capital Management, LLC, Weisermazars, LLP.(ama) (nd).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank  AO 120 Form Trademark - Case Opening - Submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank  Case Designated ECF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Case Designated ECF. (ama)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank  Case Designation
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Magistrate Judge Debra Freeman is so designated. (ama)
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