Szulik et al v. TAG Virgin Islands, Inc. et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:12-cv-01827
District Judge P. Kevin Castel, presiding

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Last Updated January 20, 2017 at 3:05 AM ST (4.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Brendan Szulik Trust, Plaintiff
No Logo Edward D. Adams, Plaintiff
No Logo Kaitlin Szulik Trust, Plaintiff
No Logo Keenan Szulik Trust, Plaintiff
No Logo Kyle M. Szulik, Plaintiff
No Logo Matthew J. Szulik, Plaintiff

Toggle Switch Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John L Brownlee +1 703 720 8600 +1 703 720 8610 john.brownlee@hklaw.com
ATTORNEY TO BE NOTICED Robert Joseph Burns +1 212 513 3490 +1 212 385 9010 robert.burns@hklaw.com
ATTORNEY TO BE NOTICED Steven Leo D'Alessandro +1 212 513 3528 +1 212 385 9010 steven.dalessandro@hklaw.com
ATTORNEY TO BE NOTICED Gordon P. Katz +1 617 573 5839 +1 617 523 6850 gordon.katz@hklaw.com
ATTORNEY TO BE NOTICED Tracy Ann Nichols +1 305 374 8500 +1 305 789 7799 tracy.nichols@hklaw.com
ATTORNEY TO BE NOTICED Daniel Ira Small +1 617 854 1453 +1 617 523 6850 daniel.small@hklaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael J. Stromsnes +1 617 523 2700 +1 617 523 6850 michael.stromsnes@hklaw.com
ATTORNEY TO BE NOTICED Christine Tramontano +1 212 513 3598 +1 212 385 9010 christine.tramontano@hklaw.com
ATTORNEY TO BE NOTICED Stephen Patrick Warren +1 305 349 2256 +1 305 789 7799 stephen.warren@hklaw.com

Toggle Switch Represented by Womble Carlyle Sandridge & Rice, LLP

Name Phone Fax E-Mail
TERMINATED: 05/01/2012, LEAD ATTORNEY Pressly M. Millen +1 919 755 2135 +7556 755 755 6067 pmillen@wcsr.com
TERMINATED: 05/01/2012, LEAD ATTORNEY Robert T. Numbers, II +1 336 721 3612 +1 336 726 6005 RNumbers@wcsr.com
No Logo Micheal Colleary, Plaintiff
No Logo Raymond W. Szulik, Plaintiff
v.
No Logo Barry B. Feiner, Defendant

Toggle Switch Represented by Blanchard, Miller, Lewis & Isley, PA

Name Phone Fax E-Mail
TERMINATED: 03/26/2012 E. Hardy Lewis +1 919 747 8107 +1 919 755 3994 hlewis@bmlilaw.com

Toggle Switch Represented by Law Offices of Gregory Weaver (Unknown Firm)

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John James Phelan, III +1 212 315 3082 +1 212 315 3028 jphelaniii@att.net
No Logo James S. Tagliaferri, Defendant

Toggle Switch Pro Se

Name Phone Fax E-Mail
Space James S. Tagliaferri
No Logo Patricia J. Cornell, Defendant

Toggle Switch Represented by Whiteman Osterman & Hanna, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Margaret J. Gillis +1 518 487 7604 +1 518 487 7777 mgillis@woh.com
ATTORNEY TO BE NOTICED Alan Jay Goldberg +1 518 487 7600 +1 518 487 7777 agoldberg@woh.com
ATTORNEY TO BE NOTICED Robert S. Rosborough, IV +1 518 487 7600 +1 518 487 7777 rrosborough@woh.com
No Logo TAG Virgin Islands, Inc., Defendant

Toggle Switch Represented by Ellis & Winters

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul K. Sun, Jr. +1 919 865 7000 +8657 865 865 7010 paul_sun@elliswinters.com
Citation Section 28 U.S.C. § 1331
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
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Legal Document (Payment Possibly Required) 276 Filed: 4/10/2014, Entered: None Unknown Document Type
CLERK'S JUDGMENT: It is: ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 7, 2014 (Doc. # 273), the Parties' motion to dismiss (Doc. # 270) is granted; all of the claims filed by Plaintiffs Matthew J. Szulik, Kyle M. Szulik and Michael Colleary in this action against Defendants are DISMISSED WITH PREJUDICE; all of the counterclaims filed by Defendant James S. Tagliaferri in this action against Matthew J. Szulik and Kyle M. Szulik are DISMISSED WITH PREJUDICE; all of the third-party claims filed by Defendant James S. Tagliaferri in this action against Michael Iavarone, International Equine Acquisitions Holdings, Inc., IEAH Stables, Inc. and IEAH Corporation are DISMISSED WITHOUT PREJUDICE; the Court retains jurisdiction to enforce the parties' settlement agreement dated March 4, 2014 and to continue presiding over this action in the event the settlement agreement is canceled pursuant to the terms of the settlement agreement; accordingly, the case is closed and any pending motions are DENIED as moot. (Signed by Clerk of Court Ruby Krajick on 4/10/2014) (Attachments: # 1 Right to Appeal) (tn) (Entered: 04/10/2014)
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    Legal Document (Payment Possibly Required) 275 Filed: 4/9/2014, Entered: None Unknown Document TypeCourt Filing
    ORDER re: 274 Letter, filed by Kyle M. Szulik, Micheal Colleary, Matthew J. Szulik, 155 Protective Order. The Stipulation and Protective Order (ECF 155) is hereby AMENDED. The Plaintiffs are permitted to produce Covered Non-Party Information without redaction to State Street Bank and Trust Company ("SSB") in response to requests for documents served by State Street Bank and Trust Company in a lawsuit pending in the U.S. District Court for the District of Massachusetts styled Matthew J. Szulik et al. v. State Street Bank and Trust Company, No. 1:12-cv-10018-NMG (the "Massachusetts Action"). SSB is bound by the terms of the Stipulation and Protective Order pursuant to a Covered Use Certificate that it has signed. Notwithstanding anything to the contrary in the Stipulation and Protective Order, SSB and the Plaintiffs may use the Covered Documents (as defined in the Stipulation and Protective Order) in the Massachusetts Action subject to the same terms and restrictions in effect in this action under the Stipulation and Protective Order. DONE AND ORDERED in Chambers. (Signed by Judge P. Kevin Castel on 4/9/2014) Copies Sent By Chambers. (ajs) (Entered: 04/09/2014)
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      Legal Document (Payment Possibly Required) 274 Filed: 4/8/2014, Entered: None Unknown Document TypeCourt Filing
      LETTER addressed to Judge P. Kevin Castel from Stephen P. Warren dated April 8, 2014 re: Request that the Court sign a proposed order amending a confidentiality order. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Warren, Stephen) (Entered: 04/08/2014)
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        Legal Document (Payment Possibly Required) 273 Filed: 4/7/2014, Entered: None Unknown Document TypeCourt Filing
        ORDER finding as moot 246 Motion to Dismiss; finding as moot 249 Motion to Sever; granting 270 Motion to Dismiss. The Court having considered the April 7, 2014 letter of Mr. Warren, and without reviewing the content of the settlement agreement or passing upon its terms. The Clerk is requested to CLOSE this case. (Signed by Judge P. Kevin Castel on 4/7/2014) (ajs) (Entered: 04/07/2014)
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          Legal Document (Payment Possibly Required) 272 Filed: 4/7/2014, Entered: None Unknown Document TypeCourt Filing
          LETTER addressed to Judge P. Kevin Castel from Stephen P. Warren dated April 7, 2014 re: Response to the Court's Order Dated March 31, 2014. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik.(Warren, Stephen) (Entered: 04/07/2014)
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            Legal Document (Payment Possibly Required) 271 Filed: 3/31/2014, Entered: None Unknown Document TypeCourt Filing
            ORDER re: 270 JOINT MOTION to Dismiss the Action and for Court to Retain Jurisdiction to Enforce the Settlement filed by James S. Tagliaferri, Kyle M. Szulik, Barry B. Feiner, Patricia J. Cornell, Micheal Colleary, Matthew J. Szulik. Insofar as is relevant to my concern, the proposed Order provides as follows: "The Court retains jurisdiction to enforce the parties' settlement agreement dated March 4, 2014 and to continue presiding over this action in the event the settlement agreement is canceled pursuant to the terms of the settlement agreement." Do the parties intend this language to mean that a violation of the unfiled and unseen settlement agreement is punishable as a violation of a Court Order? If so then, the public-and the Court-is entitled to know what conduct the Court has judicially restrained or required. See Lugosch v. Pvramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006). If something else is intended, then it should be explained. Further, the language "continue presiding over this action" appears to be inconsistent with the notion of a dismissal. The proposed Order speaks of the agreement being "canceled" but does not explain when or how this could occur or what the status of the action would then be. Would this cancellation apply only to claims dismissed without prejudice or also to claims purportedly dismissed with prejudice? The parties are invited to make a further submission within seven days. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/31/2014) (ajs) Modified on 4/2/2014 (ajs). (Entered: 03/31/2014)
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              Legal Document (Payment Possibly Required) 270 Filed: 3/17/2014, Entered: None Unknown Document Type
              JOINT MOTION to Dismiss the Action and for Court to Retain Jurisdiction to Enforce the Settlement. Document filed by Micheal Colleary, Patricia J. Cornell, Barry B. Feiner, Kyle M. Szulik, Matthew J. Szulik, James S. Tagliaferri. (Attachments: # 1 Exhibit A)(Warren, Stephen) (Entered: 03/17/2014)
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                Legal Document (Payment Possibly Required) 269 Filed: 3/5/2014, Entered: None Unknown Document TypeCourt Filing
                MEMO ENDORSEMENT on re: 268 Letter filed by Kyle M. Szulik, Micheal Colleary, Matthew J. Szulik. ENDORSEMENT: Conference Adjourned From: March 6, 2014 To: April 11, 2014 at 10:30 am. (Status Conference set for 4/11/2014 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/4/2014) (tn) (Entered: 03/05/2014)
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                  Legal Document (Payment Possibly Required) 268 Filed: 3/4/2014, Entered: None Unknown Document TypeCourt Filing
                  LETTER addressed to Judge P. Kevin Castel from Jeremy M. Sternberg dated March 4, 2014 re: Executed Settlement Agreement. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik.(Warren, Stephen) (Entered: 03/04/2014)
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                    Legal Document (Payment Possibly Required) 267 Filed: 2/25/2014, Entered: None Unknown Document TypeCourt Filing
                    ENDORSED LETTER addressed to Judge P. Kevin Castel from James Tagl;iaferri dated 2/25/2014 re: Defendant Tagliaferri requests permission to participate via telephone in the pretrial conference scheduled for 2/26/2014. ENDORSEMENT: Conference adjourned to March 6, 2014 at 11:30 am. (Status Conference set for 3/6/2014 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/25/2014) (tn) (Entered: 02/25/2014)
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                      Legal Document (Payment Possibly Required) 266 Filed: 1/14/2014, Entered: None Unknown Document Type
                      JOINT PRELIMINARY TRIAL REPORT. Document filed by Micheal Colleary, Patricia J. Cornell, Barry B. Feiner, Kyle M. Szulik, Matthew J. Szulik, James S. Tagliaferri.(Warren, Stephen) (Entered: 01/14/2014)
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                        Legal Document (Payment Possibly Required) 265 Filed: 1/13/2014, Entered: None Unknown Document Type
                        CERTIFICATE OF SERVICE of Reply Briefs served on James Tagliaferri on 1/13/14. Service was made by Mail and Email. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 01/13/2014)
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                          Legal Document (Payment Possibly Required) 264 Filed: 1/13/2014, Entered: None Unknown Document Type
                          REPLY MEMORANDUM OF LAW in Support re: 246 MOTION to Dismiss the Counterclaims asserted by Defendant James Tagliaferri (D.E. 220),.. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 01/13/2014)
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                            Legal Document (Payment Possibly Required) 263 Filed: 1/13/2014, Entered: None Unknown Document Type
                            REPLY MEMORANDUM OF LAW in Support re: 249 MOTION to Sever Improperly Joined Third-Party Defendants and Third-Party Claims.. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 01/13/2014)
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                              Legal Document (Payment Possibly Required) 262 Filed: 1/13/2014, Entered: None Unknown Document TypeCourt Filing
                              ORDER granting 260 Letter Motion for Extension of Time. Premotion letters for proposed summary judgment motions will be due March 14, 2014. (Signed by Judge P. Kevin Castel on 1/13/2014) (lmb) (Entered: 01/13/2014)
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                                Legal Document (Payment Possibly Required) 261 Filed: 1/9/2014, Entered: None Unknown Document TypeCourt Filing
                                LETTER addressed to Judge P. Kevin Castel from John J. Henry dated 1/8/2014 re: I will be taking over the case as lead trial counsel, and will be appearing at the upcoming January 17, 2014 court conference on Ms. Cornell's behalf. Document filed by Patricia J. Cornell.(lmb) (Entered: 01/09/2014)
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                                  Legal Document (Payment Possibly Required) 260 Filed: 1/9/2014, Entered: None Unknown Document TypeCourt Filing
                                  JOINT LETTER MOTION for Extension of Time to File Premotion Summary Judgment Letters addressed to Judge P. Kevin Castel from Stephen Warren, James Tagliaferri, John J. Henry, Alan Goldberg, John Phelan dated January 9, 2014. Document filed by Micheal Colleary, Patricia J. Cornell, Barry B. Feiner, Kyle M. Szulik, Matthew J. Szulik, James S. Tagliaferri.(Warren, Stephen) (Entered: 01/09/2014)
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                                    Legal Document (Payment Possibly Required) 259 Filed: 1/9/2014, Entered: None Unknown Document TypeCourt Filing
                                    LETTER addressed to Judge P. Kevin Castel from John J. Henry dated January 8, 2014 re: Whiteman Osterman & Hanna remaining as Defendant Patricia Cornell's counsel and John J. Henry taking over as lead trial counsel, and will be appearing at the upcoming January 17, 2014 conference on Ms. Cornell's behalf. Document filed by Patricia J. Cornell.(Henry, John) (Entered: 01/09/2014)
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                                      Legal Document (Payment Possibly Required) 258 Filed: 1/9/2014, Entered: None Unknown Document Type
                                      NOTICE OF APPEARANCE by William S Nolan on behalf of Patricia J. Cornell. (Nolan, William) (Entered: 01/09/2014)
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                                        Legal Document (Payment Possibly Required) 257 Filed: 1/9/2014, Entered: None Unknown Document Type
                                        NOTICE OF APPEARANCE by John J. Henry on behalf of Patricia J. Cornell. (Henry, John) (Entered: 01/09/2014)
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                                          Legal Document (Payment Possibly Required) 256 Filed: 12/19/2013, Entered: None Unknown Document TypeCourt Filing
                                          ORDER granting 255 Letter Motion for Extension of Time to File Response/Reply re 246 MOTION to Dismiss the Counterclaims asserted by Defendant James Tagliaferri (D.E. 220), 249 MOTION to Sever Improperly Joined Third-Party Defendants and Third-Party Claims. Application granted. SO ORDERED. Replies due by 1/13/2014. (Signed by Judge P. Kevin Castel on 12/18/2013) (ja) (Entered: 12/19/2013)
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                                            Legal Document (Payment Possibly Required) 255 Filed: 12/18/2013, Entered: None Unknown Document TypeCourt Filing
                                            LETTER MOTION for Extension of Time to File Response/Reply as to 249 MOTION to Sever Improperly Joined Third-Party Defendants and Third-Party Claims., 246 MOTION to Dismiss the Counterclaims asserted by Defendant James Tagliaferri (D.E. 220),. addressed to Judge P. Kevin Castel from Stephen P. Warren dated December 18, 2013. Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik.(Warren, Stephen) (Entered: 12/18/2013)
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                                              Legal Document (Payment Possibly Required) 254 Filed: 12/10/2013, Entered: None Unknown Document TypeCourt Filing
                                              ENDORSED LETTER addressed to Judge P. Kevin Castel, from James Tagliaferri, dated 10/9/2013, re: request a short extension from December 23, 2013 to December 27, 2013 to file Motions in Oppositions to Plaintiffs' Motion to Dismiss my Counterclaims and Motion to Drop or Sever my Third Party Claims. ENDORSEMENT: Application granted. SO ORDERED. (Motions due by 12/27/2013.) (Signed by Judge P. Kevin Castel on 12/10/2013) (ja) (Entered: 12/10/2013)
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                                                Legal Document (Payment Possibly Required) 253 Filed: 12/4/2013, Entered: None Unknown Document TypeCourt Filing
                                                ORDER granting 244 Motion for Jeremy M. Sternberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 12/04/2013)
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                                                  Legal Document (Payment Possibly Required) 252 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                  CERTIFICATE OF SERVICE of Motion to Dismiss and Motion to Server and Supporting Documents served on Counsel and Mr. James Tagliaferri on 12/3/13. Service was made by Mail and Email. Document filed by Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 12/03/2013)
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                                                    Legal Document (Payment Possibly Required) 251 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                    MEMORANDUM OF LAW in Support re: 249 MOTION to Sever Improperly Joined Third-Party Defendants and Third-Party Claims.. Document filed by Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 12/03/2013)
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                                                      Legal Document (Payment Possibly Required) 250 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                      DECLARATION of Stephen P. Warren in Support re: 249 MOTION to Sever Improperly Joined Third-Party Defendants and Third-Party Claims.. Document filed by Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 12/03/2013)
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                                                        Legal Document (Payment Possibly Required) 249 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                        MOTION to Sever Improperly Joined Third-Party Defendants and Third-Party Claims. Document filed by Kyle M. Szulik, Matthew J. Szulik.(Warren, Stephen) (Entered: 12/03/2013)
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                                                          Legal Document (Payment Possibly Required) 248 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                          MEMORANDUM OF LAW in Support re: 246 MOTION to Dismiss the Counterclaims asserted by Defendant James Tagliaferri (D.E. 220),.. Document filed by Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 12/03/2013)
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                                                            Legal Document (Payment Possibly Required) 247 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                            DECLARATION of Stephen P. Warren in Support re: 246 MOTION to Dismiss the Counterclaims asserted by Defendant James Tagliaferri (D.E. 220),.. Document filed by Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 12/03/2013)
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                                                              Legal Document (Payment Possibly Required) 246 Filed: 12/3/2013, Entered: None Unknown Document Type
                                                              MOTION to Dismiss the Counterclaims asserted by Defendant James Tagliaferri (D.E. 220),. Document filed by Kyle M. Szulik, Matthew J. Szulik. Responses due by 12/23/2013(Warren, Stephen) (Entered: 12/03/2013)
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                                                                Legal Document (Payment Possibly Required) 245 Filed: 12/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                ORDER: Based upon defendant Feiner's letters of November 12, 2013 and November 24, 2013, plaintiffs' response letter of November 15, 2013, defendant Cornell's letter of November 18, 2013, and all prior proceedings, the Court rules as follows: With respect to communications between Mary Gilligan and plaintiffs, the Court takes plaintiffs' representation that they have produced all non-privileged, non-work product communication. By December 9, 2013, plaintiffs are directed to submit to the Court a privilege log...; With respect to defendant Feiner's claim of inadvertent disclosure, Mr. Feiner has produced a list specifically identifying the documents inadvertently disclosed...; By December 16, 2013, Defendant Feiner is directed to produce bank account statements relating to his personal and trust accounts at Valley National Bank...; With respect to the subpoena served by plaintiffs on Valley National Bank, the Court treats Mr. Feiner's letters as a motion for a protective order under Rule 26(c), Fed. R. Civ. P...; At this juncture, defendant Feiner need not produce his tax returns. (See Order). (Signed by Judge P. Kevin Castel on 12/2/2013) (ja) (Entered: 12/03/2013)
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                                                                  Legal Document (Payment Possibly Required) 244 Filed: 12/2/2013, Entered: None Unknown Document Type
                                                                  MOTION for Jeremy M. Sternberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9130722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Sternberg, Jeremy) (Entered: 12/02/2013)
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                                                                    Legal Document (Payment Possibly Required) 243 Filed: 11/25/2013, Entered: None Unknown Document TypeCourt Filing
                                                                    LETTER addressed to Judge P. Kevin Castel from John J. Phelan, III dated November 24, 2013 re: Reply to Letter of Holland & Knight dated November 15, 2013. Document filed by Barry B. Feiner.(Phelan, John) (Entered: 11/25/2013)
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                                                                      Legal Document (Payment Possibly Required) 242 Filed: 11/24/2013, Entered: None Unknown Document Type
                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of John J. Phelan, III in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Phelan, John) Modified on 11/25/2013 (ldi). (Entered: 11/24/2013)
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                                                                        Legal Document (Payment Possibly Required) 241 Filed: 11/15/2013, Entered: None Unknown Document TypeCourt Filing
                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from James Tagliaferri dated 10/30/2013 re: My Counterclaims are adequately pled and claims for relief are properly stated. Plaintiffs have not made any arguments sufficient to either strike or sever Tagliaferri's Third Party claims. Their requests to so move should be denied. ENDORSEMENT: Time to answer counterclaim extended until December 3. Plaintiff and The third Party Defendant may file their proposed motions by December 3. Defendant Tagliaferri may respond by December 23. Plaintiff and Third party Defendant may reply by January 7. SO ORDERED., ( Motions due by 12/3/2013., Responses due by 12/23/2013, Replies due by 1/7/2014.) (Signed by Judge P. Kevin Castel on 11/14/2013) (ama) (Entered: 11/15/2013)
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                                                                          Blank 240 Filed: 11/13/2013, Entered: None Court Filing
                                                                          MEMORANDUM AND ORDER: Considering all of the foregoing, the Court Orders as follows: The motion to withdraw is granted effective December 31, 2013 or the close of fact discovery, whichever is later; Ms. Cornell shall take immediate steps to either: (a) secure a lawyer admitted to practice in this Court to represent her; or (b) prepare to represent herself; The Court does not anticipate extending the date for completion of fact discovery but will extend the date for completion of expert discovery from January 31, 2014 to February 28, 2014 but does not anticipate further extension of this date; and All parties to the action, including Ms. Cornell, shall appear in person or by counsel at the status conference scheduled for January 17, 2014 at 11 a.m. (Signed by Judge P. Kevin Castel on 11/13/2013) (ja) (Entered: 11/13/2013)
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                                                                            Legal Document (Payment Possibly Required) 239 Filed: 11/11/2013, Entered: None
                                                                            AFFIDAVIT OF SERVICE of Reply Declaration and Reply Memorandum of Law in Support of Motion to Withdraw served on Patricia J. Cornell & James Tagliaferri, in addition to ECF Particiants on 11/11/13. Service was made by Federal Express. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 11/11/2013)
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                                                                              Legal Document (Payment Possibly Required) 238 Filed: 11/11/2013, Entered: None
                                                                              REPLY MEMORANDUM OF LAW in Support re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay.. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 11/11/2013)
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                                                                                Legal Document (Payment Possibly Required) 237 Filed: 11/11/2013, Entered: None
                                                                                REPLY AFFIDAVIT of Reply Declaration of Margaret J. Gillis in Support re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay.. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 11/11/2013)
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                                                                                  Legal Document (Payment Possibly Required) 236 Filed: 11/8/2013, Entered: None Court Filing
                                                                                  AFFIDAVIT OF SERVICE of Memo Endorsed by Judge Castel dated 11/05/13 served on Patricia Cornell on 11/06/13. Service was accepted by Patricia Cornell. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 11/08/2013)
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                                                                                    Legal Document (Payment Possibly Required) 235 Filed: 11/6/2013, Entered: None
                                                                                    MEMORANDUM OF LAW IN OPPOSITION TO MOTION OF WHITEMAN, OSTERMAN & HANNA, LLP TO WITHDRAW AS COUNSEL OF RECORD FOR PATRICIA J. CORNELL; re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay. Document filed by James S. Tagliaferri. (sc) (Entered: 11/07/2013)
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                                                                                      Legal Document (Payment Possibly Required) 234 Filed: 11/7/2013, Entered: None
                                                                                      MEMORANDUM OF LAW IN OPPOSITION TO MOTION OF WHITEMAN, OSTERMAN & HANNA, LLP TO WITHDRAW AS COUNSEL OF RECORD FOR PATRICIA J. CORNELL re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay. Document filed by James S. Tagliaferri. (ja) (Entered: 11/07/2013)
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                                                                                        Legal Document (Payment Possibly Required) 233 Filed: 11/6/2013, Entered: None
                                                                                        MEMORANDUM OF LAW IN OPPOSITION OF MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT PATRICIA J. CORNELL AND STAY PROCEEDINGS re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay. Document filed by Patricia J. Cornell. (ja) (Entered: 11/06/2013)
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                                                                                          Legal Document (Payment Possibly Required) 232 Filed: 11/5/2013, Entered: None
                                                                                          DECLARATION OF PATRICIA J. CORNELL; re: in support of 231 Memorandum of Law in Opposition to Motion. Document filed by Patricia J. Cornell. (sc) (Entered: 11/06/2013)
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                                                                                            Legal Document (Payment Possibly Required) 231 Filed: 11/5/2013, Entered: None
                                                                                            MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT PATRICIA J. CORNELL & STAY PROCEEDINGS; re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay. Document filed by Patricia J. Cornell. (sc) (Entered: 11/06/2013)
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                                                                                              Legal Document (Payment Possibly Required) 230 Filed: 11/5/2013, Entered: None Court Filing
                                                                                              ENDORSED LETTER addressed to Judge P. Kevin Castel from Patricia J. Cornell dated 11/4/2013 re: As you know, Whiteman Osterman & Hanna, LLP, currently my legal counsel in the above-referenced matter, has filed a Motion to Withdraw as my Counsel of Record. In accordance with your practices, I have enclosed the following documents in opposition to that motion. ENDORSEMENT: Ms. Cornell has known of this motion since October 15, 2013. She should immediately secure alternate counsel or prepare to represent herself pro se in the likely circumstances that the motion is granted. The Whiteman firm is directed to transmit this order upon its client. (Signed by Judge P. Kevin Castel on 11/5/2013) (rsh) (Entered: 11/05/2013)
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                                                                                                Legal Document (Payment Possibly Required) 229 Filed: 10/25/2013, Entered: None Court Filing
                                                                                                LETTER addressed to Judge P. Kevin Castel from Tracy Nichols dated October 25, 2013 re: Leave to File Motion to Strike or Sever Third-Party Claims by Defendant Tagliaferri. Document filed by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Matthew J. Szulik.(Warren, Stephen) (Entered: 10/25/2013)
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                                                                                                  Legal Document (Payment Possibly Required) 228 Filed: 10/25/2013, Entered: None Court Filing
                                                                                                  LETTER addressed to Judge P. Kevin Castel from Tracy Nichols dated October 25, 2013 re: Seeking leave to file a motion to dismiss the seven counterclaims filed by James Tagliaferri. Document filed by Kyle M. Szulik, Matthew J. Szulik.(Warren, Stephen) (Entered: 10/25/2013)
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                                                                                                    Legal Document (Payment Possibly Required) 227 Filed: 10/23/2013, Entered: None Court Filing
                                                                                                    ENDORSED LETTER addressed to Judge P. Kevin Castel from Alan J. Goldberg dated 10/23/13 re: Counsel writes to seek clarification of your endorsed Order, posted earlier today on the Court's ECF system, denying their letter request dated October 22, 2013, for a suspension of the case schedule pending disposition of counsels firm's pending motion to withdraw as counsel for Defendant Patricia Cornell. ENDORSEMENT: The order of the Court controls. The motion to withdraw has not been ruled upon. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/23/2013) (mro) (Entered: 10/24/2013)
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                                                                                                      Legal Document (Payment Possibly Required) 226 Filed: 10/22/2013, Entered: None Court Filing
                                                                                                      ORDER denying 216 Motion to Withdraw as Attorney. There should be no uncertaity: The Law Firm of Whiteman Osterman & Hanna LLP remains counsel for Ms. Cornell. Application for a stay pending ruling on the motion to withdraw is Denied. (Signed by Judge P. Kevin Castel on 10/22/2013) (ama) (Entered: 10/23/2013)
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                                                                                                        Blank 225 Filed: 10/22/2013, Entered: None Court Filing
                                                                                                        MEMORANDUM AND ORDER DENYING MOTION TO RECONSIDER 201 . As this Court concluded in the Order, on their third attempt to plead their claims, plaintiffs failed "to explain how the nondisclosure or omission of the 'kickbacks' diminished the value of the IEAH investments and resulted in a loss," to "plainly allege[] why the 'kickback' scheme forecasted or caused plaintiffs' losses," and to "allege how or why the nondisclosure of the 'kickbacks ' 'concealed the circumstances that bear upon the loss suffered[.]'".... This was so even though the Court, as it was required to do on consideration of a motion to dismiss, "accept[ed] all factual allegations in the complain t as true and [drew] all reasonable inferences in plaintiffs' favor.".... A motion for reconsideration should not be granted where a party merely seeks reconsideration of issues already decided. Shrader v. CSX Transp. Inc., 70 F.3d 255, 257 (2d Cir. 1995). Because plaintiffs have failed to identify any clear error or manifest injustice in the Court's previous ruling, their motion for reconsideration must be denied. For the foregoing reasons, plaintiffs' motion to reconsider is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/21/2013) (ja)
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                                                                                                          Blank 225 Filed: 10/21/2013, Entered: None Court Filing
                                                                                                          MEMORANDUM AND ORDER DENYING MOTION TO RECONSIDER 201 . As this Court concluded in the Order, on their third attempt to plead their claims, plaintiffs failed "to explain how the nondisclosure or omission of the 'kickbacks' diminished the value of the IEAH investments and resulted in a loss," to "plainly allege[] why the 'kickback' scheme forecasted or caused plaintiffs' losses," and to "allege how or why the nondisclosure of the 'kickbacks' 'concealed the circumstances that bear upon the loss suffered[.]'".... This was so even though the Court, as it was required to do on consideration of a motion to dismiss, "accept[ed] all factual allegations in the complaint as true and [drew] all reasonable inferences in plaintiffs' favor.".... A motion for reconsideration should not be granted where a party merely seeks reconsideration of issues already decided. Shrader v. CSX Transp. Inc., 70 F.3d 255, 257 (2d Cir. 1995). Because plaintiffs have failed to identify any clear error or manifest injustice in the Court's previous ruling, their motion for reconsideration must be denied. For the foregoing reasons, plaintiffs' motion to reconsider is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/21/2013) (ja) (Entered: 10/21/2013)
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                                                                                                            Legal Document (Payment Possibly Required) 224 Filed: 10/21/2013, Entered: None
                                                                                                            RESPONSE to Motion re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay.. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 10/21/2013)
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                                                                                                              Legal Document (Payment Possibly Required) 223 Filed: 10/21/2013, Entered: None
                                                                                                              ANSWER to 95 Amended Complaint,,. Document filed by Barry B. Feiner.(Phelan, John) (Entered: 10/21/2013)
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                                                                                                                Legal Document (Payment Possibly Required) 222 Filed: 10/18/2013, Entered: None Court Filing
                                                                                                                ENDORSED LETTER addressed to Judge P. Kevin Castel from Patricia J. Cornell, dated 10/17/2013, re: I am a named defendant in the above-referenced case. Whiteman Osterman Hanna LLP, the law firm representing me to date, has filed a "Memorandum of Law in Support of Motion to Withdraw as Counsel of Record for Defendant Patricia J. Cornell and Stay Proceedings." My intention is to oppose Whiteman's motion.... I respectfully request a 3-day extension to November 1st. ENDORSEMENT: Time to respond to the motion to withdraw extended to November 6, 2013. Any reply is due November 15, 2013.(Responses due by 11/6/2013, Replies due by 11/15/2013.) (Signed by Judge P. Kevin Castel on 10/17/2013) Copies Faxed By Chambers. (ja) Modified on 10/22/2013 (ja). (Entered: 10/18/2013)
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                                                                                                                  Legal Document (Payment Possibly Required) 221 Filed: 10/16/2013, Entered: None
                                                                                                                  AFFIDAVIT OF SERVICE of Motion to Withdraw served on Patricia Cornell on 10/15/13. Service was accepted by Patricia Cornell. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 10/16/2013)
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                                                                                                                    Legal Document (Payment Possibly Required) 220 Filed: 10/10/2013, Entered: None
                                                                                                                    ANSWER to 106 Amended Complaint, COUNTERCLAIM against Kyle M. Szulik, Matthew J. Szulik, Michael Iavarone, International Equine Acquisitions Holdings, Inc., IEAH Corporation. Document filed by James S. Tagliaferri. (Attachments: # 1 Answer and Counterclaim, # 2 Answer and Counterclaim, # 3 Answer and Counterclaim, # 4 Answer and Counterclaim, # 5 Answer and Counterclaim, # 6 Answer and Counterclaim, # 7 Answer and Counterclaim, # 8 Answer and Counterclaim, # 9 Answer and Counterclaim, # 10 Answer and Counterclaim, # 11 Answer and Counterclaim, # 12 Answer and Counterclaim, # 13 Answer and Counterclaim, # 14 Answer and Counterclaim, # 15 Answer and Counterclaim, # 16 Answer and Counterclaim)(sac) (Entered: 10/15/2013)
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                                                                                                                      Legal Document (Payment Possibly Required) 219 Filed: 10/14/2013, Entered: None
                                                                                                                      AFFIDAVIT OF SERVICE of Whiteman Osterman & Hanna LLP's Motion to Withdraw as Counsel of Record for Patricia Cornell, and for Stay, Gillis Declaration, and Memorandum of Law in Support of Motion served on Patricia Cornell, James Tagliaferri and ECF-participating parties on 10/14/13. Service was made by MAIL and EMail. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 10/14/2013)
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                                                                                                                        Legal Document (Payment Possibly Required) 218 Filed: 10/14/2013, Entered: None
                                                                                                                        MEMORANDUM OF LAW in Support re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay.. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 10/14/2013)
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                                                                                                                          Legal Document (Payment Possibly Required) 217 Filed: 10/14/2013, Entered: None
                                                                                                                          DECLARATION of Margaret J. Gillis, Esq. in Support re: 216 MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay.. Document filed by Patricia J. Cornell. (Attachments: # 1 Exhibit Exhibit A to Gillis Declaration)(Goldberg, Alan) (Entered: 10/14/2013)
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                                                                                                                            Legal Document (Payment Possibly Required) 216 Filed: 10/14/2013, Entered: None
                                                                                                                            MOTION for Whiteman Osterman & Hanna LLP to Withdraw as Attorney for Defendant Patricia Cornell, and for Stay. Document filed by Patricia J. Cornell.(Goldberg, Alan) (Entered: 10/14/2013)
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                                                                                                                              Legal Document (Payment Possibly Required) 215 Filed: 10/3/2013, Entered: None
                                                                                                                              REPLY MEMORANDUM OF LAW in Support re: 201 MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,.. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 10/03/2013)
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                                                                                                                                Legal Document (Payment Possibly Required) 214 Filed: 10/1/2013, Entered: None Court Filing
                                                                                                                                ORDER: The Court has multiple submissions reporting that the parties agreed to a private mediation before a respected and experienced mediator but that the agreement has unraveled... The unraveling centers upon one party's refusal to pay his $1,800 share of the cost of the mediation. The parties propose that I refer them to a Magistrate Judge... If the parties are serious about settling this federal securities fraud case that has been pending for 18 months, then $1,800 will not stand in their way. Given the attorney's time required for any successful mediation, the least expensive portion of the mediation is likely to be mediator's fee. Of course, not settling results in higher costs to the parties. The undersigned urges the parties to figure out a way to bridge this small gap. Where there is a will, there is a way. Application for an order referring the matter to a Magistrate Judge for a settlement conference is denied. (See Order). (Signed by Judge P. Kevin Castel on 9/30/2013) (ja) (Entered: 10/01/2013)
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                                                                                                                                  Legal Document (Payment Possibly Required) 213 Filed: 9/30/2013, Entered: None
                                                                                                                                  ANSWER to 106 Amended Complaint,. Document filed by Barry B. Feiner.(Phelan, John) (Entered: 09/30/2013)
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                                                                                                                                    Legal Document (Payment Possibly Required) 212 Filed: 9/30/2013, Entered: None
                                                                                                                                    ANSWER to 106 Amended Complaint,. Document filed by Patricia J. Cornell. (Attachments: # 1 Affidavit of Service of Defendant Cornell's Answer to Plaintiffs' Second Amended Complaint)(Goldberg, Alan) (Entered: 09/30/2013)
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                                                                                                                                      Legal Document (Payment Possibly Required) 211 Filed: 9/25/2013, Entered: None
                                                                                                                                      AMENDED MEMORANDUM OF LAW in Opposition re: 201 MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,.. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 09/25/2013)
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                                                                                                                                        Legal Document (Payment Possibly Required) 210 Filed: 9/24/2013, Entered: None Court Filing
                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from Stephen Warren dated 9/23/2013 re: We are Plaintiffs' counsel in the above-referenced matter. We write to: (1) respond to counsel for Defendant Barry B. Feiner's September 11, 2013 letter to Your Honor regarding Plaintiffs' Motion for Reconsideration (D.E. 201) (the "Motion"); and (2) request that the Court allow Plaintiffs to serve a single reply in support of the Motion. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/23/2013) (ama) (Entered: 09/24/2013)
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                                                                                                                                          Legal Document (Payment Possibly Required) 209 Filed: 9/24/2013, Entered: None Court Filing
                                                                                                                                          ENDORSED LETTER addressed to Judge P. Kevin Castel, from James Tagliaferri, dated 9/24/2013, re: seeking permission to file my answer to the above complaint on Tuesday, October 1 rather than on Monday, September 30. ENDORSEMENT: Application granted. SO ORDERED. James S. Tagliaferri answer due 10/1/2013. (Signed by Judge P. Kevin Castel on 9/23/2013) (ja) (Entered: 09/24/2013)
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                                                                                                                                            Legal Document (Payment Possibly Required) 208 Filed: 9/23/2013, Entered: None
                                                                                                                                            FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 201 MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,.. Document filed by Barry B. Feiner. (Phelan, John) Modified on 9/25/2013 (ldi). (Entered: 09/23/2013)
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                                                                                                                                              Legal Document (Payment Possibly Required) 207 Filed: 9/23/2013, Entered: None
                                                                                                                                              AFFIDAVIT OF SERVICE of (Revised Affidavit of Service) Defendant Cornell's Memorandum of Law in Opposition to Plaintiffs Motion for Reconsideration served on Robert J. Burns, Esq., Tracy A. Nichols, Esq., Stephen Patrick Warren, Esq., John J. Phelan, III, Esq., and James Tagliaferri on 09/23/2013. Service was made by Mail to J. Tagliaferri Only. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 09/23/2013)
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                                                                                                                                                Legal Document (Payment Possibly Required) 206 Filed: 9/23/2013, Entered: None
                                                                                                                                                MEMORANDUM OF LAW in Opposition re: 201 MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,.. Document filed by Patricia J. Cornell. (Attachments: # 1 Affidavit of Service of Defendant Cornell's Opposition Papers)(Goldberg, Alan) (Entered: 09/23/2013)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 205 Filed: 9/12/2013, Entered: None Court Filing
                                                                                                                                                  ENDORSED LETTER addressed to Judge P. Kevin Castel from Margaret J. Gillis dated 9/10/2013 re: Counsel requests that the Court modify the portion of the Order limiting tax returns to be produced by Plaintiffs to those filed between January 1, 2005 and the institution of this action, and require that Plaintiffs produce tax returns they filed from January 1, 2005 to date. ENDORSEMENT: Plaintiff shall produce all tax returns filed from January 1, 2005 through September 10, 2013. (Signed by Judge P. Kevin Castel on 9/11/2013) (tro) (Entered: 09/12/2013)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 204 Filed: 9/9/2013, Entered: None
                                                                                                                                                    CERTIFICATE OF SERVICE of Motion for Reconsideration and Supporting Documents served on Counsel of Record and James S. Tagliaferri on 9/9/13. Service was made by ECF and E-Mail. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 09/09/2013)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 203 Filed: 9/9/2013, Entered: None
                                                                                                                                                      DECLARATION of Stephen P. Warren in Support re: 201 MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,.. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Attachments: # 1 Exhibit 1, part 1, # 2 Exhibit 1, part 2, # 3 Exhibit 1, part 3, # 4 Exhibit 1, part 4, # 5 Exhibit 1, part 5, # 6 Exhibit 1, part 6, # 7 Exhibit 1, part 7, # 8 Exhibit 1, part 8, # 9 Exhibit 2, # 10 Exhibit 3, part 1, # 11 Exhibit 3, part 2, # 12 Exhibit 3, part 3, # 13 Exhibit 3, part 4, # 14 Exhibit 3, part 5, # 15 Exhibit 4, # 16 Exhibit 5, # 17 Exhibit 6, # 18 Exhibit 7, # 19 Exhibit 8)(Warren, Stephen) (Entered: 09/09/2013)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 202 Filed: 9/9/2013, Entered: None
                                                                                                                                                        MEMORANDUM OF LAW in Support re: 201 MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,.. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Warren, Stephen) (Entered: 09/09/2013)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 201 Filed: 9/9/2013, Entered: None
                                                                                                                                                          MOTION for Reconsideration re; 195 Order on Motion to Dismiss,,,,,. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik.(Warren, Stephen) (Entered: 09/09/2013)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 200 Filed: 9/6/2013, Entered: None Court Filing
                                                                                                                                                            ORDER: The Court has reviewed the letters of defendant Cornell and plaintiff Szulik on the issue of production of income tax returns. Both parties agree, that income tax returns are not ordinarily discoverable and that a party must demonstrate that they are relevant to the subject matter of an action and that there is a compelling need for their production because the information is not readily obtainable from another source. Here, Szulik's income tax returns may show, among other things, payments by IEAH and deductions for business expenses related to IEAH. The Court concludes that this information is not readily obtainable from other sources save Szulik's own recollections of his tax filings. The presence of a confidentiality order reduces the danger from production and, of course, the Court does not presently rule on the admissibility of any document. Szulik shall produce all federal income tax returns filed from January 1, 2005 through the date of institution of this action. For much the same reason, Comrnell's federal income tax returns for the same time period must be produced. They will show payments by IEAH and others to her and will show whether she claimed deductions for business expenses related to IEAH. The foregoing documents shall be produced within 14 days of this Order. (Signed by Judge P. Kevin Castel on 9/6/2013) (rsh) (Entered: 09/06/2013)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 199 Filed: 9/4/2013, Entered: None Court Filing
                                                                                                                                                              STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the undersigned parties, by and through their respective counsel, that the time within which Defendant Barry B. Feiner may file his Answer to the Second Amended Complaint shall be extended to and including September 30, 2013. SO ORDERED. Barry B. Feiner answer due 9/30/2013. (Signed by Judge P. Kevin Castel on 9/04/2013) (ama) (Entered: 09/04/2013)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 198 Filed: 8/30/2013, Entered: None Court Filing
                                                                                                                                                                ENDORSED LETTER addressed to Judge P. Kevin Castel from James Tagliaferri dated 8/30/2013 re: Counsel writes to seek leave to extend the time within which I am required to file my answer to Plaintiffs' Second Amended Complaint until September 30, 2013. ENDORSEMENT: SO ORDERED. James S. Tagliaferri answer due 9/30/2013. (Signed by Judge Sidney H. Stein on 8/30/2013) (ft) (Entered: 08/30/2013)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 197 Filed: 8/28/2013, Entered: None Court Filing
                                                                                                                                                                  STIPULATION AND ORDER: that the time within which Defendant Patricia J. Cornell may file an Answer to the Second Amended Complaint shall be extended to and including September 30, 2013. (Signed by Judge P. Kevin Castel on 8/27/2013) (ja) (Entered: 08/28/2013)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 196 Filed: 8/22/2013, Entered: None Court Filing
                                                                                                                                                                    ENDORSED LETTER addressed to Judge P. Kevin Castel from Alan J. Goldberg dated 8/16/2013 re: We write to request leave to submit a 2-page reply to Plaintiffs' letter dated August 15, 2013, opposing Ms. Cornell's August 12, 2013 letter requesting that Plaintiffs be compelled to turn over tax records. In addition to opposing Ms. Cornell's request. ENDORSEMENT: Application granted. So ORDERED. (Signed by Judge P. Kevin Castel on 8/16/2013) (mt) (Entered: 08/22/2013)
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                                                                                                                                                                      Blank 195 Filed: 8/21/2013, Entered: None Court Filing
                                                                                                                                                                      MEMORANDUM AND ORDER granting in part and denying in part 114 Motion to Dismiss; denying 120 Motion to Dismiss. Tagliaferri's motion to dismiss is granted as to Counts X and is otherwise denied. Cornell's motion to dismiss (Docket No. 114) is granted as to Count X and is otherwise denied. Feiner's motion to dismiss (Docket No. 120) is denied. Feiner's motion to strike is denied without prejudice. Feiner's motion to stay discovery pending the determination of this motion is denied as moot. Plaintiffs' counsel shall provide Mr. Tagliaferri with copies of all unreported opinions cited herein within fourteen (14) days of this Memorandum and Order. (Signed by Judge P. Kevin Castel on 8/21/2013) (ja) (Entered: 08/22/2013)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 194 Filed: 8/16/2013, Entered: None
                                                                                                                                                                        AFFIDAVIT of Michael J. Stromsnes, Esq. re: 192 Endorsed Letter,,,. Document filed by Micheal Colleary, Kyle M. Szulik, Matthew J. Szulik. (Stromsnes, Michael) (Entered: 08/16/2013)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 193 Filed: 8/15/2013, Entered: None Court Filing
                                                                                                                                                                          ENDORSED LETTER addressed to Judge P. Kevin Castel from John J. Phelan, III dated 8/15/2013 re: On August 1, 2013, the Court entered an Order directing the turnover of all documents by today, August 15. Counsel for Barry B. Feiner asks that the Court grant an extension of the deadline in the August 1 Order from August 15 to August 23, 2013 to complete this task. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 8/15/2013) (rsh) Modified on 8/21/2013 (rsh). (Entered: 08/15/2013)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 192 Filed: 8/7/2013, Entered: None Court Filing
                                                                                                                                                                            ENDORSED LETTER addressed to Judge P. Kevin Castel from Stephen Warren dated 7/26/2013 re: We are responding to Defendant James Tagliaferri's letter dated July 23, 2013 in which he asks the Court to: (a) vacate the Court's prior order requiring Mr. Tagliaferri to produce metadata; and (b) compel Plaintiffs to produce documents going back to 1996. ENDORSEMENT: (1) To the extent they have not already been produced, plaintiffs shall produce all account statements in their possession or control from 1996 through 2005 by August 16 and file an affidavit from a person with knowledge of the search methodology that they have done so. (2) Mr. Tagliaferri, to the extent he has not already done so, shall produce all responsive emails on his computer in St. Thomas by August 16 and file an affidavit that he has done so. (3) All other relief sought is DENIED at this juncture. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/06/2013) (ama) (Entered: 08/08/2013)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 191 Filed: 8/5/2013, Entered: None Court Filing
                                                                                                                                                                              ENDORSED LETTER addressed to Judge P. Kevin Castel, from James Tagliaferri, dated 8/2/2013, re: response to the Court's Memorandum and Order dated August 1 that opines Tagliaferri failed to sustain the burden of proof as to his assertions of privilege. ENDORSEMENT: The Court reviewed and considered Mr. Tafliaferri's letter of August 1 before issuing its ruling of August 1. Letter of August 2 treated as a motion to reconsider. As such it is denied. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/2/2013) (ja) (Entered: 08/06/2013)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 190 Filed: 8/1/2013, Entered: None Court Filing
                                                                                                                                                                                MEMORANDUM AND ORDER: Despite a full and fair opportunity to demonstrate the existence of an attorney client privilege or work product protection governing specific documents sought by plaintiffs, Tagliaferri has failed to do so. Tagliaferri, Feiner, Cornell and/or LDiscovery, LLC shall produce within 14 days of this order the "Potentially Privileged Documents, Feiner Documents, Cornell Documents, and Desktop Documents" as those terms are used in this Court's Order of May 29, 2013, to the extent that they are in their possession or control. (Signed by Judge P. Kevin Castel on 8/1/2013) (ja) Modified on 8/6/2013 (ja). (Entered: 08/02/2013)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 189 Filed: 8/1/2013, Entered: None Court Filing
                                                                                                                                                                                  ENDORSED LETTER addressed to Judge P. Kevin Castel from James Tagliaferri dated 7/23/2013 re: I am Defendant (prose) in the above matter. I am writing to respectfully renew my request that the Court (a) compel Plaintiffs to comply with my requests for documents that were submitted on a timely basis and (b) to vacate or modify the Court's order with regard to Plaintiffs' request to collect my document production in native format with metadata intact. ENDORSEMENT: Plaintiff is directed to respond in writing via fax no later than noon on August 5. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/01/2013) (ama) (Entered: 08/01/2013)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 188 Filed: 7/3/2013, Entered: None Court Filing
                                                                                                                                                                                    LETTER addressed to Judge P. Kevin Castel from James Tagliaferri dated 6/27/2013 re: In accordance with the Court's order of May 29, 2013, I am submitting this letter in support of my claims of personal and/or joint privilege over documents defined by the Court as: the Potentially Privileged Documents, Feiner Documents, Cornell Documents and Desktop Documents. Document filed by James S. Tagliaferri.(lmb) (Entered: 07/03/2013)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 187 Filed: 7/2/2013, Entered: None Court Filing
                                                                                                                                                                                      MEMO ENDORSEMENT on ORDER ON PLAINTIFFS' MOTION TO SUBSTITUTE PARTIES granting 178 Motion to Substitute Party. IT IS HEREBY ORDERED that Michael Colleary, as trustee of the Raymond W. Szulik Revocable Trust dated December 5, 2007, be substituted as a named plaintiff in place of Matthew J. Szulik and Raymond W. Szulik, as trustees of the Raymond W. Szulik Trust. The claims of Matthew J. Szulik, individually, are unaffected by this substitution. The caption in this matter shall now read as set forth herein. Raymond W. Szulik terminated. ENDORSEMENT: SO ORDERED. (Signed by Judge P. Kevin Castel on 7/1/2013) (ja) (Entered: 07/03/2013)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 186 Filed: 5/29/2013, Entered: None Court Filing
                                                                                                                                                                                        THIRD REVISED CIVIL CASE MANAGEMENT PLAN FOR COMPLEX CASES AND SCHEDULING ORDER: This Civil Case Management Plan for Complex Cases (the "Plan") is to be utilized for all cases before Judge Castel which have been designated for inclusion under the Standing Order of Chief Judge Preska filed as In re: Pilot Project Regarding Case Management Technique for Complex Civil Cases in the Southern District of New York, 11 Misc. 388 (November 1, 2011) (the "Standing Order"). By submitting this Plan the parties, by their counsel or on their own behalf, represent that they have read the Report of the Judicial Improvements Committee (the "Report") which is an attachment of the Standing Order and considered the matters therein. This Plan is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. All parties (do not consent) to conducting all further proceedings before a Magistrate Judge, including motions and trial 28 U.S.C. § 636(c). This case is to be tried to a jury. All fact discovery shall be completed no later than December 31, 2013 or within 120 days of a ruling on the pending motions to dismiss, whichever is later. Depositions are to be completed by November 27, 2013 or within 90 days of a ruling on the pending motions to dismiss, whichever is later. All expert discovery shall be completed no later than January 31, 2014 or within 150 days of a ruling on the pending motions to dismiss, whichever is later. The parties' estimate of the length of trial is: 2 weeks. The parties' estimate of the trial ready date is: To Be Determined. The next Case Management Conference will be held on January 17, 2014 at 11:00 a.m. (See Order). Deposition due by 11/27/2013. Fact Discovery due by 12/31/2013. Expert Discovery due by 1/31/2014. Case Management Conference set for 1/17/2014 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/29/2013) (ja) (Entered: 06/06/2013)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 185 Filed: 5/29/2013, Entered: None Court Filing
                                                                                                                                                                                          STIPULATION AND ORDER ON PRODUCTION OF CONFIDENTIAL AND PRIVILEGED DOCUMENTS AND ADDENDUM...regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: Subject to Addendum Order. (Signed by Judge P. Kevin Castel on 5/29/2013) (ja) (Entered: 06/06/2013)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 184 Filed: 5/29/2013, Entered: None Court Filing
                                                                                                                                                                                            ORDER: Having reviewed the letters, and having heard from the parties or their counsel at a case management conference on May 9, 2013, and being other duly advised in the premises, IT IS HEREBY ORDERED THAT as set forth herein under the titles stated: The LDiscovery "Potentially Privileged Documents"; The Desktop Computer; The Feiner and Cornell Documents; Briefing on Mr. Tagliaferri's Privilege Assertions; Plaintiff's Request to Compel; and Mr. Tagliaferri's Motion to Compel. This Order is without prejudice to Mr. Tagliaferri's right to renew his request to compel if, after receiving the account statements, he believes he is entitled to additional documents. (See Order). (Signed by Judge P. Kevin Castel on 5/29/2013) (ja) (Entered: 06/06/2013)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 183 Filed: 6/5/2013, Entered: None
                                                                                                                                                                                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/9/13 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) (Entered: 06/05/2013)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 182 Filed: 6/5/2013, Entered: None Court Filing
                                                                                                                                                                                                TRANSCRIPT of Proceedings re: CONFERENCE held on 5/9/2013 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jennifer Thun, (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 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/6/2013.(Rodriguez, Somari) (Entered: 06/05/2013)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 181 Filed: 5/22/2013, Entered: None
                                                                                                                                                                                                  RESPONSE to Motion re: 178 MOTION to Substitute Party. Old Party: Matthew J. Szulik and Raymond W. Szulik, as trustees of the Raymond W. Szulik Trust, New Party: Michael Colleary, as trustee of the Raymond W. Szulik Revocable Trust dated Dec. 5, 2007.. Statement of No Position on Plaintiffs' Motion to Substitute Parties, With Reservation of Rights. Document filed by Patricia J. Cornell. (Rosborough, Robert) (Entered: 05/22/2013)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 180 Filed: 5/15/2013, Entered: None
                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: 178 MOTION to Substitute Party. Old Party: Matthew J. Szulik and Raymond W. Szulik, as trustees of the Raymond W. Szulik Trust, New Party: Michael Colleary, as trustee of the Raymond W. Szulik Revocable Trust dated Dec. 5, 2007... Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Burns, Robert) (Entered: 05/15/2013)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 179 Filed: 5/15/2013, Entered: None
                                                                                                                                                                                                      DECLARATION of Robert J. Burns in Support re: 178 MOTION to Substitute Party. Old Party: Matthew J. Szulik and Raymond W. Szulik, as trustees of the Raymond W. Szulik Trust, New Party: Michael Colleary, as trustee of the Raymond W. Szulik Revocable Trust dated Dec. 5, 2007... Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Burns, Robert) (Entered: 05/15/2013)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 178 Filed: 5/15/2013, Entered: None
                                                                                                                                                                                                        MOTION to Substitute Party. Old Party: Matthew J. Szulik and Raymond W. Szulik, as trustees of the Raymond W. Szulik Trust, New Party: Michael Colleary, as trustee of the Raymond W. Szulik Revocable Trust dated Dec. 5, 2007.. Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Text of Proposed Order)(Burns, Robert) (Entered: 05/15/2013)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 177 Filed: 5/8/2013, Entered: None
                                                                                                                                                                                                          NOTICE OF APPEARANCE by Christine Tramontano on behalf of Edward D. Adams, Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Tramontano, Christine) (Entered: 05/08/2013)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 176 Filed: 5/1/2013, Entered: None Court Filing
                                                                                                                                                                                                            ORDER: The conference originally scheduled on May 3, 2013 is adjourned to May 9, 2013 at 11:15 a.m. Case Management Conference set for 5/9/2013 at 11:15 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/1/2013) (ft) (Entered: 05/01/2013)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 175 Filed: 4/23/2013, Entered: None
                                                                                                                                                                                                              NOTICE OF APPEARANCE by Robert Joseph Burns on behalf of Matthew J. Szulik (Burns, Robert) (Entered: 04/23/2013)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 174 Filed: 3/29/2013, Entered: None Court Filing
                                                                                                                                                                                                                ORDER: The party seeking the production of the withheld documents is charged with pressing this issue forward to conclusion with some semblance of order. The tools provided in the Federal Rules of Civil Procedure may be a useful start. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/29/2013) (rsh) (Entered: 03/29/2013)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 173 Filed: 3/12/2013, Entered: None Court Filing
                                                                                                                                                                                                                  ORDER: I have Mr. Phelan's letter of 2/28/2013, Mr. D'Alessandro's letter of 3/5/2013 and Mr. Tagliaferri's letter of 3/6/2013. Either I am not understanding the parties' positions or there is a gross oversimplification in the letters. As to any and all documents as to which TAG VI is the sole possessor of the privilege, TAG VI's bankruptcy trustee, Hoover, has the right to waive any privilege and has done so. But documents as to which a joint privilege is claimed by Tagliaferri are on a different footing. Neither TAG VI, nor Hoover nor Feiner is empowered to waive any valid privilege of Taglaiferri in the joint communication. Whether there is also a privilege between Feiner, the lawyer, and Tagliaferri, the corporate officer, turns on facts which have not been presented to me. What then is the straightforward issue on which, "[n]o further briefing is necessary."? (D'Alessandro letter at 1.) How is the Court to determine whether there is "no applicable privilege" in these documents? (Phelam letter at 3.) I am delighted to try and simplify matters for the parties but I am of the view that in factual presentation and in legal argument (addressing, at a minimum, Stein and Teamsters) I do not posses the tools at this juncture to rule. (Signed by Judge P. Kevin Castel on 3/11/2013) (sac) (Entered: 03/12/2013)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 172 Filed: 2/14/2013, Entered: None
                                                                                                                                                                                                                    NOTICE of Death of Plaintiff Raymond W. Szulik. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 02/14/2013)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 171 Filed: 2/1/2013, Entered: None Court Filing
                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge P. Kevin Castel from John J. Phelan, III dated 1/31/2013 re: Counsel writes to seek a continuance of the time within which Defendant Feiner is required to deliver his privilege log to Plaintiff's counsel from today, January 31, 2013 to one week from today, February 7, 2013. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 1/31/2013) (djc) (Entered: 02/01/2013)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 170 Filed: 1/25/2013, Entered: None Court Filing
                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from John J. Phelan, III dated 1/25/2013 re: As the Court is aware, I am counsel to Defendant Barry Feiner in the above action. I write to seek clarification of the Court's Order of January 23, 2013 (DE 169)...While we assume that the Court did not intend by its January 23 Order that the right to the relief sought by Defendant Feiner in his motion was now not available to him, we are uncertain and, respectfully, seek clarification on this matter. ENDORSEMENT: A new application should be filed (by letter) when the matter is ripe. So Ordered. (Signed by Judge P. Kevin Castel on 1/25/2013) (mt) (Entered: 01/25/2013)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 169 Filed: 1/23/2013, Entered: None Court Filing
                                                                                                                                                                                                                          MEMO ENDORSEMENT ON NOTICE OF MOTION FOR A PROTECTIVE ORDER: terminating 142 Motion for Protective Order. ENDORSEMENT: Motion terminated in accordance with rulings at the December 18, 2012 conference. See transcript. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/23/2013) (djc) (Entered: 01/23/2013)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 168 Filed: 1/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                            STIPULATED ORDER ON PRODUCTION AND PRIVILEGE REVIEW OF TAG VI CORPORATE RECORDS IN LDISCOVERY'S POSSESSION: IT IS HEREBY ORDERED BY STIPULATION OF JAMES TAGLIAFERRI AND PLAINTIFFS THAT: LDiscovery, LLC ("LDiscovery") is directed to extract any materials and information created, modified, saved or with a date within the date range of January 1, 2005 through and including January 31, 2010 from all electronically stored information and other materials responsive to Plaintiffs' subpoena to LDiscovery, dated September 13, 2012, and shall do so without delay, except for (until further order of the Court) the image that LDiscovery made of the desktop computer in Mr. Tagliaferri's office, designated "James _Tagliaferri DT (DATA002)" that is stored on a Hitachi Internal Hard-drive (Serial No. YAH5BA6T) (the "Raw Production"). Additional relief as set forth in this Order. (Signed by Judge P. Kevin Castel on 1/3/2013) (pl) Modified on 1/4/2013 (pl). (Entered: 01/04/2013)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 167 Filed: 1/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                              STIPULATED ORDER: IT IS HEREBY ORDERED BY STIPULATION OF BARRY FEINER AND PLAINTIFFS THAT: 1. Unless otherwise ordered by the Court, on or before January 31, 2013, Mr. Feiner shall designate those materials for which he is asserting a privilege and withholding from disclosure, and serve on Plaintiffs a privilege log pursuant to Local Rule 26.2. 2. To the extent Plaintiffs object to any designations contained in Mr. Feiner's privilege log (the "Disputed Material"), they shall do so within fourteen days of service of the privilege log by indicating the document(s) in dispute and the basis for the objection. 3. Mr. Feiner's counsel and Plaintiffs' counsel will thereafter meet and confer in good faith within five business days to discuss Plaintiffs' objections and Mr. Feiner's assertion of privilege 4. To the extent the parties are unable to resolve any dispute over Disputed Material, Mr. Feiner will submit to the Court and to Plaintiffs' counsel a letter of not more than 3 single-spaced pages (a) setting forth his position (b) certifying that he has in good faith conferred with Plaintiffs in an effort to resolve the issues without court action, and (c) indicating whether there is consent to in camera inspection as further set forth in this order. (Signed by Judge P. Kevin Castel on 1/3/2013) (lmb) (Entered: 01/04/2013)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 166 Filed: 1/4/2013, Entered: None Court Filing
                                                                                                                                                                                                                                SECOND REVISED CIVIL CASE MANAGEMENT PLAN FOR COMPLEX CASES AND SCHEDULING ORDER: This case is to be tried to a jury. All Fact Discovery due by 7/15/2013. Deposition due by 6/3/2012. All Expert Discovery due by 9/19/2013. The parties' estimate of the length of trial is: 2 weeks. The Next Case Management Conference set for 5/3/2013 at 10:30 AM before Judge P. Kevin Castel. Additional relief as set forth in this Order. (Signed by Judge P. Kevin Castel on 1/3/2013) (pl) (Entered: 01/04/2013)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 165 Filed: 1/3/2013, Entered: None
                                                                                                                                                                                                                                  NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/18/12 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) (Entered: 01/03/2013)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 164 Filed: 1/3/2013, Entered: None Court Filing
                                                                                                                                                                                                                                    TRANSCRIPT of Proceedings re: CONFERENCE held on 12/18/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: Linda Fisher, (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 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013.(Rodriguez, Somari) (Entered: 01/03/2013)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 163 Filed: 12/21/2012, Entered: None Court Filing
                                                                                                                                                                                                                                      Letter addressed to Judge P. Kevin Castel from James Tagliaferri dated 12/21/2012 re: I have provided Plaintiffs' and Defendants' counsel, via email, a list of law firms and attorneys who represented me individually. A copy of that email is appended to this correspondence. Document filed by James S. Tagliaferri.(cd) (Entered: 12/21/2012)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 162 Filed: 12/13/2012, Entered: None Court Filing
                                                                                                                                                                                                                                        REVISED AND FINAL CIVIL CASE MANAGEMENT PLAN FOR COMPLEX CASES AND SCHEDULING ORDER: This Plan is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. and modified as indicated by the Court. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial 28 U.S.C. § 636(c). This case is to be tried to a jury. Because leave to amend was granted to further amend in view of defendants' assertions in their premotion conference (see Order of June 5, 2012), the Court does not anticipate granting further leave to amend in the event the motion is granted. Any motion to amend or add additional parties is due no later than January 18, 2013. Requests to Admit are limited to 30 per party of no more than twenty-five (25) words in length and are to be served no later than March 15, 2013, but there is no limit on the number of requests to admit that seek the authentication of documents, provided the parties have first met and conferred on an agreement. The parties' estimate of the length of trial is: 2 weeks. The parties' estimate of the trial ready date is: To Be Determined. Motions due by 1/18/2013. Deposition due by 3/1/2013. Fact Discovery due by 4/12/2013. Expert Discovery due by 6/19/2013. Case Management Conference set for 5/3/2013 at 10:30 AM before Judge P. Kevin Castel. January 18, 2013 conference is vacated. (Signed by Judge P. Kevin Castel on 12/12/2012) (lmb) (Entered: 12/13/2012)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 159 Filed: 12/10/2012, Entered: None Court Filing
                                                                                                                                                                                                                                          ORDER: The Court will hear the motions of Tagliaferri and Feiner for a protective order December 18, 2012 at 3 p.m. (Signed by Judge P. Kevin Castel on 12/7/2012) (djc) (Entered: 12/10/2012)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 158 Filed: 11/27/2012, Entered: None
                                                                                                                                                                                                                                            MEMORANDUM OF LAW IN REPLY to Plaintiffs' Memorandum in Opposition to Defendant Tagliaferri's Motion for a Protective Order. Document filed by James S. Tagliaferri. (lmb) (Entered: 12/10/2012)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 155 Filed: 12/7/2012, Entered: None Court Filing
                                                                                                                                                                                                                                              STIPULATION AND PROTECTIVE ORDER CONCERNING NON-PARTIES WHO WERE FORMERLY CLIENTS OF TAG VI AND ADDENDUM...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 12/7/2012) (ft) (Entered: 12/07/2012)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 154 Filed: 12/4/2012, Entered: None
                                                                                                                                                                                                                                                AMENDED REPLY MEMORANDUM OF LAW in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 12/04/2012)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 153 Filed: 12/3/2012, Entered: None
                                                                                                                                                                                                                                                  FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #154) - REPLY MEMORANDUM OF LAW in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Phelan, John) Modified on 12/4/2012 (ldi). (Entered: 12/03/2012)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 152 Filed: 11/29/2012, Entered: None
                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Opposition re: 142 MOTION for Protective Order.. Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit A-L)(D'Alessandro, Steven) (Entered: 11/29/2012)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 151 Filed: 11/29/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                      ORDER withdrawing 135 Motion for Protective Order, pursuant to the Court's November 7,2012 endorsement (Docket No. 140). (Signed by Judge P. Kevin Castel on 11/29/2012) (cd) (Entered: 11/29/2012)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 150 Filed: 11/26/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from Steven L. D'Alessandro, Tracy A. Nichols, Michael J. Stromsnes dated 11/21/2012 re: Request for the same timing as the Court originally scheduled for protective motions, as further specified in this letter. ENDORSEMENT: Application granted. So ordered. OK. (Responses due by 11/29/2012. Replies due by 12/3/2012.) (Signed by Judge P. Kevin Castel on 11/26/2012) (rjm) Modified on 11/26/2012 (rjm). (Entered: 11/26/2012)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 149 Filed: 11/23/2012, Entered: None
                                                                                                                                                                                                                                                          DECLARATION of Barry Feiner in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Attachments: # 1 Exhibit Exhibit H)(Phelan, John) (Entered: 11/23/2012)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 148 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                            MEMORANDUM OF LAW IN REPLY TO PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANT TAGLIAFERRI'S MOTION TO DISMISS. Document filed by James S. Tagliaferri. (lmb) (Entered: 11/21/2012)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 147 Filed: 10/5/2012, Entered: None
                                                                                                                                                                                                                                                              Letter addressed to Ms Florence Nacanther from James S. Tagliaferri dated 10/5/2012 re: Attached is a set of Exhibits I had prepared by Fed ex to substitute temporarily for the package that has been delayed in transit. I have had a second set delivered to the pro se office.. Document filed by James S. Tagliaferri. (Attachments: # 1 Exhibit Part 2, # 2 Exhibit Part 3, # 3 Exhibit Part 4)(pl) (Entered: 11/21/2012)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 146 Filed: 11/20/2012, Entered: None
                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support Defendant Tagliaferri's Motion for a Protective Order. Document filed by James S. Tagliaferri. (sc) (Entered: 11/20/2012)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 145 Filed: 11/16/2012, Entered: None
                                                                                                                                                                                                                                                                  FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Barry Feiner in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Phelan, John) Modified on 11/19/2012 (ldi). (Entered: 11/16/2012)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 144 Filed: 11/16/2012, Entered: None
                                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Attachments: # 1 Exhibit Exhibit E, # 2 Exhibit Exhibit F, # 3 Exhibit Exhibit G)(Phelan, John) (Entered: 11/16/2012)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 143 Filed: 11/16/2012, Entered: None
                                                                                                                                                                                                                                                                      AFFIDAVIT of Barry Feiner in Support re: 142 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Phelan, John) (Entered: 11/16/2012)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 142 Filed: 11/16/2012, Entered: None
                                                                                                                                                                                                                                                                        MOTION for Protective Order. Document filed by Barry B. Feiner.(Phelan, John) (Entered: 11/16/2012)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 141 Filed: 11/13/2012, Entered: None
                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW in Opposition to Defendant James S. Tagliaferri's Motion for Protective Order. Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit A-I)(D'Alessandro, Steven) (Entered: 11/13/2012)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 140 Filed: 11/7/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                            ENDORSED LETTER: addressed to Judge P. Kevin Castel from John J. Phelan III dated 11/6/2012 re: Counsel for defendant writes pursuant to Your Honor's directions of the Chief Judge resulting from the weather, yesterday. Counsel filed Defendant Feiner's Motion for a Protective Order. In preparing the Motion, Counsel inadvertently omitted a critically important issue. Plaintiffs have requested all of defendants Feiner's tax returns from 2005 to the present. Counsel has objected to supplying those returns. Counsel has prepared a brief 4 page memorandum on the subject and, by this letter seek leave of the Court to serve and file same although out of time. It will be filed immediately upon receipt of an approval from the Court ENDORSEMENT: Defendant Feiner's motion for a protective order is deemed withdrawn without prejudice to refiling in a consolidated matter presenting all issues on which a protective order is sought. The motion must reflect that the parties by their counsel have met face to face for no less then one hour to resolve all outstanding discovery disputes. So Ordered. (Signed by Judge P. Kevin Castel on 11/7/2012) (js) Modified on 11/28/2012 (js). (Entered: 11/08/2012)
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 139 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                              REPLY MEMORANDUM OF LAW in Support re: 120 MOTION to Dismiss.. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 138 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Support re: 135 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 137 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                                  FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of BF in Support re: 135 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Attachments: # 1 Exhibit Exhibit D, # 2 Exhibit Exhibit E, # 3 Exhibit Exhibit F, # 4 Exhibit Exhbit G, # 5 Exhibit Exhibit H)(Phelan, John) Modified on 11/7/2012 (ldi). (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 136 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                                    DECLARATION of Barry Feiner in Support re: 135 MOTION for Protective Order.. Document filed by Barry B. Feiner. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Phelan, John) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 135 Filed: 11/5/2012, Entered: None
                                                                                                                                                                                                                                                                                      MOTION for Protective Order. Document filed by Barry B. Feiner.(Phelan, John) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 134 Filed: 11/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from James Tagliaferri dated 10/29/2012 re: Request to extend time to file a memo of law in support of a motion for a protective order. ENDORSEMENT: Time to file extended until 11/12. (Signed by Judge P. Kevin Castel on 11/1/2012) (cd) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 133 Filed: 11/1/2012, Entered: None
                                                                                                                                                                                                                                                                                          AFFIDAVIT OF SERVICE of Reply Memorandum in Support of Cornell's Motion to Dismiss Second Amended Complaint served on James Tagliaferri on 11/1/12. Service was made by Mail for defendant James Tagliaferri; service by ECF system on all other parties. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 11/01/2012)
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 132 Filed: 11/1/2012, Entered: None
                                                                                                                                                                                                                                                                                            REPLY MEMORANDUM OF LAW in Support re: 114 MOTION to Dismiss Plaintiffs' Second Amended Complaint, Opposition Papers due by 10/18/12, and Reply Papers due by 11/01/12 as set by Court in Docket No.: 109.. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 11/01/2012)
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 131 Filed: 10/26/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Judge P. Kevin Castel from Alan J. Goldberg dated 10/26/2012 re: Request for a two page enlargement of the normal 10-page limit on Ms. Cornell's reply memorandum. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 10/26/2012) (cd) (Entered: 10/26/2012)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 130 Filed: 10/19/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge P. Kevin Castel, from John P. Phelan, III, dated 10/17/2012, re: On October 5, 2012, Plaintiffs' counsel wrote to the Court concerning certain discovery and privilege issues which have arisen - two letters from the undersigned which set forth in detail the position of Mr. Feiner. They are Exhibit D, my letter of September 24, 2012, and a part of Exhibit E, my letter of September 28, 2012. The Court's attention is directed to those two letters for Defendant Feiner's position on these issues. ENDORSEMENT: Any party or non-party seeking to assert the attorney-client privilege or attorney work product as to any document reflecting a communication to or from Barry Feiner and/or Morgan Levine and Bockius, LLP shall do so by formal motion for a protective order, including an affidavit or declaration setting forth the basis for the assertion of the privilege, and a memorandum of law by October 30, 2012. Any party seeking disclosure may respond by November 12, 2012 setting forth by affidavit or declaration any waiver ground asserted. The party asserting the privilege may reply by November 16. This Order does not apply to Ms. Cornell who has reached agreement with plaintiff's counsel. ( Responses due by 11/12/2012, Replies due by 11/16/2012.) (Signed by Judge P. Kevin Castel on 10/19/2012) (ja) (Entered: 10/22/2012)
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 129 Filed: 10/18/2012, Entered: None
                                                                                                                                                                                                                                                                                                  MEMORANDUM OF LAW in Opposition re: 120 MOTION to Dismiss.. Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (D'Alessandro, Steven) (Entered: 10/18/2012)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 128 Filed: 10/18/2012, Entered: None
                                                                                                                                                                                                                                                                                                    MEMORANDUM OF LAW in Opposition re: 120 MOTION to Dismiss., 114 MOTION to Dismiss Plaintiffs' Second Amended Complaint, Opposition Papers due by 10/18/12, and Reply Papers due by 11/01/12 as set by Court in Docket No.: 109.. Document filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Appendix A)(D'Alessandro, Steven) (Entered: 10/18/2012)
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 127 Filed: 10/18/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge P. Kevin Castel from Steven L. D'Alessandro dated 10/17/2012 re: In order to respond adequately to the arguments raised in their collective papers -- totaling 56 pages -- we respectfully request the page limitation to Plaintiffs' opposition be extended to 35 pages. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 10/17/2012) (lmb) (Entered: 10/18/2012)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 125 Filed: 10/5/2012, Entered: None
                                                                                                                                                                                                                                                                                                        EXHIBIT's re: substituting temporarily for the package that has been delayed in transit. (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4). filed by James S. Tagliaferri(pl) (Entered: 10/18/2012)
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 123 Filed: 10/9/2012, Entered: None
                                                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW in Support re: 20 motion to dismiss the second amended complaint. Document filed by James S. Tagliaferri. (Attachments: # 1 Supplement Part 2, # 2 Supplement Part 3, # 3 Supplement Part 4, # 4 Supplement Part 5, # 5 Supplement Part 6, # 6 Supplement Part 7)(pl) (Entered: 10/11/2012)
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 122 Filed: 10/5/2012, Entered: None
                                                                                                                                                                                                                                                                                                            MEMORANDUM OF LAW in Support re: 120 MOTION to Dismiss.. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 10/05/2012)
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 121 Filed: 10/5/2012, Entered: None
                                                                                                                                                                                                                                                                                                              AFFIDAVIT in Support re: 120 MOTION to Dismiss.. Document filed by Barry B. Feiner. (Phelan, John) (Entered: 10/05/2012)
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 120 Filed: 10/5/2012, Entered: None Motion to Dismiss
                                                                                                                                                                                                                                                                                                                MOTION to Dismiss. Document filed by Barry B. Feiner. Responses due by 10/18/2012(Phelan, John) (Entered: 10/05/2012)
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 119 Filed: 10/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law. Document filed by Barry B. Feiner. Responses due by 10/18/2012(Phelan, John) Modified on 10/5/2012 (ldi). (Entered: 10/04/2012)
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 118 Filed: 10/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                    FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Barry B. Feiner. Responses due by 10/18/2102 (Attachments: # 1 Affidavit)(Phelan, John) Modified on 10/5/2012 (ldi). (Entered: 10/04/2012)
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 117 Filed: 10/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                      AFFIDAVIT OF SERVICE of Defendant Cornell's Motion to Dismiss Second Amended Complaint and Supporting Papers served on Matthew J. Szulik, Raymond W. Szulik, Kyle M. Szulik, James S. Tagliaferri, and Berry B. Feiner on 10/04/2012. Service was made by Mail for Defendant Tagliaferri and by ECF for all other Parties. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 10/04/2012)
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                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 116 Filed: 10/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Support re: 114 MOTION to Dismiss Plaintiffs' Second Amended Complaint, Opposition Papers due by 10/18/12, and Reply Papers due by 11/01/12 as set by Court in Docket No.: 109.. Document filed by Patricia J. Cornell. (Goldberg, Alan) (Entered: 10/04/2012)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 115 Filed: 10/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                          AFFIDAVIT of Margaret J. Gillis, Esq. in Support re: 114 MOTION to Dismiss Plaintiffs' Second Amended Complaint, Opposition Papers due by 10/18/12, and Reply Papers due by 11/01/12 as set by Court in Docket No.: 109.. Document filed by Patricia J. Cornell. (Attachments: # 1 Exhibit Gillis Aff Ex A Part 1- Second Amended Complaint, # 2 Exhibit Gillis Aff Ex A Part 2 - SAC Exs 1-6 as filed, # 3 Exhibit Gillis Aff Ex A Part 3 - SAC Ex 7 (pt 1) as filed, # 4 Exhibit Gillis Aff Ex A Part 4 - SAC Ex 7 (pt 2) as filed, # 5 Exhibit Gillis Aff Ex A Part 5 - SAC Exs 8-10 as filed.pdf, # 6 Exhibit Gillis Aff Ex A Part 6 - SAC Exs 11-20 as filed.pdf, # 7 Exhibit Gillis Aff Ex B - Transcript-Pre-Motion Conf 07-24-12)(Goldberg, Alan) (Entered: 10/04/2012)
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 114 Filed: 10/4/2012, Entered: None Motion to Dismiss
                                                                                                                                                                                                                                                                                                                            MOTION to Dismiss Plaintiffs' Second Amended Complaint, Opposition Papers due by 10/18/12, and Reply Papers due by 11/01/12 as set by Court in Docket No.: 109. Document filed by Patricia J. Cornell. Responses due by 10/18/2012(Goldberg, Alan) (Entered: 10/04/2012)
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                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 113 Filed: 10/1/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Judge P. Kevin Castel from James S. Tagliaferri dated 9/28/2012 re: Defendant requests leave to extend their memorandum in law in support of their motion to dismiss in this matter' beyond the twenty-five page, double-spaced limit established by the Court. Counsel for the plaintiffs object to their request. Counsel for defendant Feiner has no objection. Counsel for Ms. Cornell has not responded to their request. ENDORSEMENT: Permission granted up to 40 pages. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/28/2012) (ft) (Entered: 10/01/2012)
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 112 Filed: 9/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                Letter addressed to Judge P. Kevin Castel from James S. Tagliaferri dated 8/30/2012 re: Defendant Pro Se writes to request a pre-motion conference in accordance with Your Honor's Rules of Practice to obtain leave to move to dismiss Plaintiffs' Second Amended Complaint pursuant to Sections 12(b)(1), 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. Document filed by James S. Tagliaferri.(js) (Entered: 09/28/2012)
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 109 Filed: 9/13/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge P. Kevin Castel from Alan J. Goldberg dated 9/13/2012 re: Counsel for Defendant Patricia Cornell joined by defendants Feiner and Tagliaferri respectfully requests a modification of the briefing schedule under which defendants would have until October 4, 2012 to file their motions to dismiss, plaintiffs would have until October 18, 2012 file opposition papers, and defendants would have until November 1, 2012 to file their replies. ENDORSEMENT: Application to modify schedule is granted and the revised scheduled approved. (Signed by Judge P. Kevin Castel on 9/13/2012) (pl) Modified on 9/13/2012 (pl). (Entered: 09/13/2012)
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 108 Filed: 9/12/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge P. Kevin Castel from Stephen P. Warren dated 9/10/2012 re: We write in response to Defendants' three pre-motion to dismiss letters dated August 30-31, 2012 directed at the Second Amended Complaint (the "SAC"). ENDORSEMENT: Without expressing any view on the merits of the motion, the defendants may file their mot ion to dismiss -- limited to the fourcorners of the pleading and any material incorporated therein by Sept. 24. Plaintiff may respond by October 8 and defendants may reply by October 22. Time to answer or move extended to September 24. (Signed by Judge P. Kevin Castel on 9/11/2012) (djc) (Entered: 09/12/2012)
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                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 107 Filed: 9/6/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge P Kevin Castel from Steven L D'Alessandro dated 9/6/2012 re: Plaintiffs request for an extension of time until and including 9/10/2012 to submit Plaintiffs' response to the Defendants' premotion letters. ENDORSEMENT: Application Granted. (Response due by 9/10/2012) (Signed by Judge P. Kevin Castel on 9/6/2012) (cd) (Entered: 09/07/2012)
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                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 106 Filed: 8/10/2012, Entered: None Amended Complaint
                                                                                                                                                                                                                                                                                                                                        SECOND AMENDED COMPLAINT amending 95 Amended Complaint,, against Patricia J. Cornell, Barry B. Feiner, James S. Tagliaferri with JURY DEMAND.Document filed by Raymond W. Szulik, Matthew J. Szulik, Kyle M. Szulik. Related document: 95 Amended Complaint, filed by Kyle M. Szulik, Edward D. Adams, Raymond W. Szulik, Matthew J. Szulik. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7 (part 1), # 3 Exhibit 7 (part 2), # 4 Exhibit 8-10, # 5 Exhibit 11-20)(lmb) Modified on 8/16/2012 (lmb). (Entered: 08/16/2012)
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                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 105 Filed: 8/8/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                          NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/08/2012)
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                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 104 Filed: 8/8/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of Proceedings re: CONFERNCE held on 7/24/2012 before Judge P. Kevin Castel. 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 9/4/2012. Redacted Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012.(McGuirk, Kelly) (Entered: 08/08/2012)
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                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 102 Filed: 7/23/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                              NOTICE of Partial Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(l)(A)(i).. Document filed by Edward D. Adams, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (D'Alessandro, Steven) (Entered: 07/23/2012)
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                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 99 Filed: 7/2/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge P Kevin Castel from James S Tagliaferri dated 7/2/2012 re: Request for a premotion conference. ENDORSEMENT: The parties are to appear for a conference on 7/24 at 11:30 am. Lead counsel and/or self represented persons must appear in person. (Conference set for 7/24/2012 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/2/2012) (cd) (Entered: 07/03/2012)
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                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 98 Filed: 7/2/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                  STIPULATION AND ORDER: Defendant James S. Tagliaferri may either submit to the Court a premotion letter for a proposed Rule 12(b) motion or answer the Amended Complaint due 7/3/2012. (Signed by Judge P. Kevin Castel on 7/2/2012) (cd) (Entered: 07/03/2012)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 97 Filed: 6/26/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                    STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by the undersigned parties, by and through their respective counsel, that the time within which defendant Barry Feiner may either (1) submit to the Court a pre-motion letter for a proposed motion under Rule 12(b) with respect to the Amended Complaint, or (2) file an Answer to the Amended Complaint, shall be extended to and including July 3, 2012., Barry B. Feiner answer due 7/3/2012. (Signed by Judge P. Kevin Castel on 6/26/2012) (lmb) (Entered: 06/26/2012)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 96 Filed: 6/25/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                      STIPULATION AND ORDER: that the time within which defendant Patricia J. Cornell may either (1) submit to the Court a pre-motion letter for a proposed motion under Rule 12(b) with respect to the Amended Complaint. or (2) file an Answer to the Amended Complaint. shall be extended to and including July 3, 2012. (Signed by Judge P. Kevin Castel on 6/25/2012) (pl) (Entered: 06/25/2012)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 95 Filed: 6/15/2012, Entered: None Amended Complaint
                                                                                                                                                                                                                                                                                                                                                        FIRST AMENDED COMPLAINT amending 1 Complaint against Patricia J. Cornell, Barry B. Feiner, TAG Virgin Islands, Inc., James S. Tagliaferri.Document filed by Raymond W. Szulik, Edward D. Adams, Matthew J. Szulik, Kyle M. Szulik. Related document: 1 Complaint filed by Kyle M. Szulik, Keenan Szulik Trust, Brendan Szulik Trust, Raymond W. Szulik, Kaitlin Szulik Trust, Matthew J. Szulik.(mro) (Additional attachment(s) added on 6/26/2012: # 1 ex1-3, # 2 ex4-6, # 3 ex7-12, # 4 ex13-19) (ml). (Entered: 06/19/2012)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 94 Filed: 6/11/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by James S. Tagliaferri. (lnl) (Entered: 06/19/2012)
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                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 93 Filed: 6/11/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                            NOTICE OF APPEARANCE Pro Se by James S. Tagliaferri (ft) (Entered: 06/14/2012)
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                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 92 Filed: 6/13/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 91 Filed: 6/13/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                TRANSCRIPT of Proceedings re: CONFERNCE held on 6/4/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: William 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 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly) (Entered: 06/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 90 Filed: 6/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                  CIVIL CASE MANAGEMENT PLAN FOR COMPLEX CASES AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury.The parties' estimate of the length of trial is 2 weeks. Deposition due by 12/30/2012. Fact Discovery due by 12/28/2012. Expert Discovery due by 2/22/2013. Case Management Conference set for 1/18/2013 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/4/2012) (lmb) (Entered: 06/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 89 Filed: 6/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                    ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a pretrial conference held before the Court today, the following is ORDERED: TAG Virgin Islands, Inc. ("TAG") has merged into an entity which has filed under Chapter VII in the U.S. Bankruptcy Court for the Virgin Islands. The application of Mr. Sun and Ellis & Winters to withdraw as counsel to TAG is deemed withdrawn without prejudice to refiling within 30 days of TAG emerging from bankruptcy or the modification of the automatic stay. (Signed by Judge P. Kevin Castel on 6/4/2012) (lmb) (Entered: 06/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 88 Filed: 6/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                      ORDER FOLLOWING PRETRIAL CONFERENCE: By June 15, 2012, plaintiff may amend his complaint in view of the arguments raised in defendants' motions to dismiss on Rule 12(b)(6), and Rule 9(b) grounds and to strike any scandalous matter. If plaintiff elects to stand on the pleading, it will be taken into account on any further leave to amend in the event defendants' motions is granted., ( Amended Pleadings due by 6/15/2012.) (Signed by Judge P. Kevin Castel on 6/4/2012) (lmb) (Entered: 06/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 87 Filed: 6/5/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                        JOINT ELECTRONIC DISCOVERY SUBMISSION NO. 1 AND ORDER. (Signed by Judge P. Kevin Castel on 6/4/2012) (lmb) (Entered: 06/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 86 Filed: 5/31/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Judge P. Kevin Castel from Steven L. D'Alessandro dated 5/25/2012 re: Plaintiffs have no objection to Mr. Sun withdrawing as counsel for Tagliaferri and Cornell. Plaintiffs take no position at this time on Mr. Sun's request to withdraw as counsel for TAG Virgin Islands, Inc. If we later determine, however, that TAG Virgin Islands, Inc. did not merge into TAG Virgin Islands, LLC or, if it did and TAG Virgin Islands, LLC emerges from bankruptcy, Plaintiffs will likely request at that time that the Court order TAG Virgin Islands, Inc. to retain counsel. ENDORSEMENT: Provide updated report regarding possible bankruptcy by June 7 (via fax to Chambers). Attorney Sun's application to withdraw as to defendants Tagliaferri and Cornell are GRANTED., Attorney Paul K. Sun, Jr terminated. (Signed by Judge P. Kevin Castel on 5/30/2012) (lmb) (Entered: 05/31/2012)
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                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 85 Filed: 5/25/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                            RESPONSE re: 81 Endorsed Letter,,, "Response by Plaintiffs to Court's Order of May 10, 2012 (D.E. 81) directing the parties to show cause, if any, why Paul K. Sun Jr., Esq. should not be permitted to withdraw as counsel for Defendants TAG Virgin Islands, Inc., James Tagliaferri and Patricia Cornell.". Document filed by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Certificate of Service)(D'Alessandro, Steven) (Entered: 05/25/2012)
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 84 Filed: 5/25/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                              JOINT RESPONSE re: 64 Order for Initial Pretrial Conference "Letter jointly filed by Plaintiffs and Defendants Patricia Cornell, James Tagliaferri and Barry Feiner in response to Court's Order of March 15, 2012 (D.E. 64) and Endorsed Letter of May 11, 2012 (D.E. 80) in advance of Initial Pretrial Conference.". Document filed by Brendan Szulik Trust, Patricia Cornell, Barry B. Feiner, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik, TAG Virgin Islands, Inc., James S. Tagliaferri. (Attachments: # 1 Certificate of Service)(D'Alessandro, Steven) (Entered: 05/25/2012)
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 83 Filed: 5/23/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                RESPONSE re: 81 Endorsed Letter,,, Letter response-to Court Order/Endorsement entered May 11, 2012, concerning request to withdraw by Paul K. Sun, Jr., Esq.. Document filed by Patricia Cornell. (Attachments: # 1 Certificate of Service)(Goldberg, Alan) (Entered: 05/23/2012)
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                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 82 Filed: 5/15/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                  AFFIDAVIT of Paul K. Sun, Jr. re: Affidavit of Service of Court's endorsed letters. Document filed by Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri. (pl) (Entered: 05/15/2012)
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 81 Filed: 5/11/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge P. Kevin Castel from Paul K. Sun, Jr. dated 5/5/2012 re: Counsel for the defendants request that him and his firm be permitted to withdraw from any further representation in this matter. ENDORSEMENT: Tag Virgin Island, Inc., James Tagliaferri and Patricia Cornell, as well as any party in the action shall show cause in writing why the application of Paul K. Sun Jr. should not be granted. Response due May 25. Tag Virgin Island, Inc. is on notice as a non-natural person it may only appear by an attorney admitted to practice in this district. Mr. Sun is directed to serve a copy of this order on Tag Virgin Islands, Inc. James Tagliaferri and Patricia Cornell by May 15 and file an affidavit of service with this court. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/10/2012) (ft) (Entered: 05/14/2012)
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 80 Filed: 5/11/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge P. Kevin Castel from James Tagliaferri dated 5/11/2012 re: Counsel for the defendant requests an adjournment of the scheduled initial pretrial conference, until July 11, 2012. ENDORSEMENT: Conference adjourned from May 21 to June 4 at 3 pm. Joint Letter is waived. Each side may submit their own version of joint letter. Mr. Tagliaferri is urged to retain counsel. DO NOT COMMUNICATE WITH THIS COURT VIA EMAIL. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/11/2012) (ft) (Entered: 05/14/2012)
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                                                                                                                                                                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge P. Kevin Castel from Pressly M. Millen dated 4/24/2012 re: Plaintiffs are now represented by counsel admitted in the Southern District of New York and we respectfully request, therefore, that our Firm be permitted to withdraw from any further representation in this matter. ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 5/1/2012) (rjm) (Entered: 05/02/2012)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 78 Filed: 4/20/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Stephen Patrick Warren on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Warren, Stephen) (Entered: 04/20/2012)
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                                                                                                                                                                                                                                                                                                                                                                                            ORDER FOR ADMISSION PRO HAC VICE: granting 75 Motion for Michael J. Stromsnes to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 4/17/2012) (js) (Entered: 04/18/2012)
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                                                                                                                                                                                                                                                                                                                                                                                              ORDER FOR ADMISSION PRO HAC VICE: granting 74 Motion for Tracy Ann Nichols to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 2/17/2012) (js) (Entered: 04/18/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Michael J. Stromsnes to Appear Pro Hac Vice. Document filed by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik.(bwa) (Entered: 04/16/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Tracy Ann Nichols to Appear Pro Hac Vice. Document filed by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik.(bwa) (Entered: 04/16/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 73 Filed: 4/5/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF APPEARANCE by Steven Leo D'Alessandro on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (D'Alessandro, Steven) (Entered: 04/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 72 Filed: 4/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF APPEARANCE by Alan J. Goldberg on behalf of Patricia Cornell (Goldberg, Alan) (Entered: 04/04/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 71 Filed: 4/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF APPEARANCE by Robert Stevenson Rosborough on behalf of Patricia Cornell (Rosborough, Robert) (Entered: 04/04/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 70 Filed: 4/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Margaret J Gillis on behalf of Patricia Cornell (Gillis, Margaret) (Entered: 04/04/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 69 Filed: 4/4/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE of Substitution of Attorney. Old Attorney: Paul K. Sun, Jr., Esq., Ellis & Winters LLP, New Attorney: Whiteman Osterman & Hanna LLP, Address: Whiteman Osterman & Hanna LLP, One Commerce Plaza, Suite 1900, Albany, New York, U.S.A. 12260, (518) 487-7600. Document filed by Patricia Cornell. (Gillis, Margaret) (Entered: 04/04/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 68 Filed: 3/26/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Judge P. Kevin Castel from E. Hardy Lewis dated 3/19/2012 re: The case referenced above has been transferred to your Court from the Eastern District of North Carolina by order of Judge James Dever dated 12 March 2012. My involvement in the case in North Carolina was strictly as local counsel for defendant Feiner, and it is neither the client's nor my desire or intention that I continue as counsel in any capacity now that the case has been transferred. ENDORSEMENT: Defendant Feiner is otherwise represented by an attorney admitted in this district and thus Mr. Lewis and the Blanchard, Miller law firm may withdraw. So ordered. (Signed by Judge P. Kevin Castel on 3/26/2012) (rjm) (Entered: 03/26/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 67 Filed: 3/26/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                SUGGESTION OF BANKRUPTCY upon the record as to TAG Virgin Islands, Inc.. Document filed by Barry B. Feiner(Phelan, John) (Entered: 03/26/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 66 Filed: 3/24/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Bankruptcy of TAG Virgin Islands LLC. Document filed by Barry B. Feiner. (Phelan, John) Modified on 3/26/2012 (ka). (Entered: 03/24/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 65 Filed: 3/20/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF APPEARANCE by John James Phelan, III on behalf of Barry B. Feiner (Phelan, John) (Entered: 03/20/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 64 Filed: 3/15/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/21/2012 at 11:45 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 3/14/2012) (lmb) (Entered: 03/15/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 63 Filed: 3/13/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                        STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo) (Entered: 03/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 62 Filed: 3/13/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                          CASE TRANSFERRED IN from the United States District Court - District of North Carolina Eastern; Case Number: 5:10-cv-00585. Original file certified copy of transfer order and docket entries received. (sjo) (Entered: 03/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 61 Filed: 3/12/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting Plaintiffs' and TAG Defendants' Motion to Transfer Venue to the Southern District of New York; denying 20 TAG Defendants' Motion to Dismiss only as it pertains to personal jurisdiction and venue and denying their Motion to Transfer Venue to the District of Connecticut; denying 26 Defendant Feiner's Motion to Dismiss only as it pertains to personal jurisdiction and venue and denies his 59 Motion for Leave to File a Memorandum in Opposition; and denying as moot 60 Plaintiffs' Motion for Leave to File a Reply. The court transfers Plaintiffs' entire case to the Southern District of New York. All pending motions not expressly granted or denied in this order remain pending, to be resolved by the United States Court for the Southern District of New York.Signed by Chief Judge James C. Dever III on 3/9/2012. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 60 Filed: 2/22/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File Reply to Defendant Feiner's Memorandum of Law Opposing Transfer to the Southern District of New York by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit Proposed Reply Memorandum) (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 02/22/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 59 Filed: 2/13/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Leave to File a Memorandum in Opposition to Transfer of Venue to S.D.N.Y. by Barry B. Feiner (Attachments: # 1 Exhibit Proposed Memo of Law). (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 02/13/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 58 Filed: 2/10/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE in Opposition to 56 Motion to Strike filed by Kyle M. Szulik, Matthew J. Szulik, and Raymond W. Szulik. (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 02/10/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Joinder In Barry B. Feiner's Motion to Strike by Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri. (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/23/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 56 Filed: 1/20/2012, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION TO STRIKE portions of 53 Response filed by Barry B. Feiner. (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/20/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE to Order dated January 11, 2012, entered January 12, 2012, DE 52 filed by Barry B. Feiner. (Attachments: # 1 Appendix Unpublished decision in Oster v. Kirschner) (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/19/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE to Order re 52 Order, filed by Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri. (Attachments: # 1 Exhibit 1- Goldin Complaint, # 2 Exhibit 2- SSB Complaint) (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/19/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to Order re 52 Order, Plaintiffs' Supplemental Memorandum in Response to Order Dated January 12, 2012 filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit A - Memorandum and Order, # 2 Exhibit B - Plaintiff and Plaintiff's Counsel Motion for Reconsideration and/or Modification of December 28, 2011 Memorandum and Order, # 3 Exhibit C, Part 1 - Opposition of Matthew Szulik to Motion for Reconsideration and/or Modification of December 28, 2011 Memorandum and Order, # 4 Exhibit C, Part 2 - Continuation of Opposition of Matthew Szulik to Motion for Reconsideration and/or Modification of December 28, 2011 Memorandum and Order) (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/19/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER as to 20 and 26 Motions to Dismiss: The court directs each party to submit a supplemental brief addressing whether Massachusetts law should apply to plaintiff's non-contracutal claims. The briefs are due on or before January 19, 2012 - one brief addressing both issues identified by the court - shall not exceed 10 pages - no reply briefs shall be permitted. Signed by Chief Judge James C. Dever III on 1/11/2012. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 51 Filed: 8/22/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY to Response to Motion re 20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue filed by Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri. (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 08/22/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction and for improper venue MOTION to Dismiss for failure to state a claim and to strike material from complaint filed by Barry B. Feiner. (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 08/22/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 49 Filed: 8/4/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting 46 Motion for Leave to File Excess Pages. Signed by US District Judge James C. Dever III on 8/4/2011. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 08/04/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 48 Filed: 8/3/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                      Memorandum in Opposition re 20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue, 26 MOTION to Dismiss or to Strike Portions of a Pleading; Plaintiffs' Memorandum in Opposition to Defendants Motions to Dismiss or Transfer Venue filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit A - Szulik Affidavit, # 2 Exhibit B- TAG VI Form ADV, # 3 Exhibit C - Investment Management Agreement, # 4 Exhibit D - Investment Adviser Report for Tagliaferri, # 5 Exhibit E - Investment Adviser Report for Cornell, # 6 Exhibit F - Shoe Show Opinion, # 7 Exhibit G - Form 10Q) (Numbers, Robert) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 08/03/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 47 Filed: 8/3/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                        Memorandum in Opposition re 20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue, 26 MOTION to Dismiss or Strike Portions of a Pleading; Plaintiffs' Memorandum in Opposition to Defendants' Motion to Strike filed by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Numbers, Robert) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 08/03/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 46 Filed: 8/2/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION for Leave to File Excess Pages by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Text of Proposed Order to Exceed Pages) (Numbers, Robert) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 08/02/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 45 Filed: 7/27/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER denying 42 Appeal of Magistrate Judge Decision to District Court. Counsel should read the order in its entirety for critical information. Signed by US District Judge James C. Dever III on 7/27/2011. (Edwards, S.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 07/27/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              Memorandum in Opposition re 42 Appeal of Magistrate Judge Decision to District Court, filed by Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri. (Attachments: # 1 Appendix Westlaw case- Stonecrest Partners, LLC v. Bank of Hampton Roads, # 2 Appendix Westlaw case- ATI Industrial Automation, Inc. v. Applied Robotics, Inc.) (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 06/06/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 43 Filed: 6/6/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                Memorandum in Opposition re 42 Appeal of Magistrate Judge Decision to District Court, filed by Barry B. Feiner. (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 06/06/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 42 Filed: 5/19/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik re 38 Order on Motion to Expedite (Attachments: # 1 Exhibit Unpublished Cases) (Numbers, Robert) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 05/19/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 41 Filed: 5/5/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting 40 Motion for Extension of Time to File Response. Counsel should read the order in its entirety for critical deadlines. Signed by US District Judge James C. Dever III on 5/5/2011. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 05/05/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 40 Filed: 5/4/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue, 26 MOTION to Dismiss for Lack of Jurisdiction and for improper venue MOTION to Dismiss for failure to state a claim and to strike material from complaint by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time) (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 05/04/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 39 Filed: 5/2/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of Appearance by Robert T. Numbers, II on behalf of All Plaintiffs (Numbers, Robert) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 05/02/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 38 Filed: 5/2/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER denying 30 Motion to Expedite. Signed by US Magistrate Judge William A. Webb on 5/2/2011. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 05/02/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 37 Filed: 4/27/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM IN OPPOSITION to 30 Motion to Take Preliminary Jurisdictional Discovery filed by Barry B. Feiner. (Attachments: # 1 Exhibit - Memorandum in Support dated 3/30/2011) (Phelan, John). Modified on 4/28/2011 to link document to proper motion and name exhibit (Sawyer, D.). [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/27/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 36 Filed: 4/27/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DECLARATION OF BARRY FEINER in Opposition to 30 Plaintiffs' Motion for Leave to Conduct Expedited Jurisdictional Discovery and For Extension of Time filed by Barry B. Feiner. (Attachments: # 1 Affidavit) (Phelan, John) Modified on 4/28/2011 (Sawyer, D.). [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/27/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 35 Filed: 4/27/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM IN OPPOSITION of 30 Plaintiffs' Motion for Leave to Conduct Expedited Jurisdictional Discovery and For Extension of Time filed by Patricia Cornell, TAG Virgin Islands, Inc., and James S. Tagliaferri. (Attachments: # 1 Exhibit 1- Defendants' Memorandum of Law In Support of Motion to Dismiss, Or In The Alternative Transfer Venue, # 2 Appendix Westlaw case- Bosdorf v. Vessel, # 3 Appendix Westlaw case- Le Bleu Corp. v. Standard Capital Group, # 4 Appendix Westlaw case- Sussex v. Turnberry) (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/27/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 34 Filed: 4/19/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER: For good cause shown, this motion (DE-33) is GRANTED. Defendants shall have until April 27, 2011 to respond to said motion (DE-30). Signed by US Magistrate Judge William A. Webb on 4/19/2011. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/19/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 33 Filed: 4/19/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Extension of Time to File Response/Reply as to 31 Motions Referred, 32 Order on Motion to Expedite, by Barry B. Feiner. (Attachments: # 1 Text of Proposed Order) (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/19/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 32 Filed: 4/18/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER: This cause comes before upon Plaintiffs motion to conduct expedited jurisdictional discovery and for an extension of time to respond to defendants motion to dismiss (DE-30). Defendants are ORDERED to respond to this motion no later than April 25, 2011. In the interim, Plaintiffs deadline for responding to all pending dispositive motions shall be extended until May 9, 2011. Signed by Magistrate Judge William A. Webb on 4/18/2011. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/18/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 31 Filed: 4/15/2011, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION REFERRED: The court hereby refers plaintiffs' motion to conduct expedited jurisdictional discovery and for an extension of time to respond to defendants' motions to dismiss [D.E. 30] to US Magistrate Judge Webb for disposition. See 28 U.S.C. § 636(b)(1)(A). (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/15/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 30 Filed: 4/14/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION to Expedite Plaintiffs' Motion for Leave to Conduct Expedited Jurisdictional Discovery and For Extension of Time by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Exhibit 1 - Affidavit of Matthew Szulik, # 2 Exhibit A - Emails between Matthew Szulik and Patricia Cornell, # 3 Exhibit B - General Warranty Deed between Raleigh Construction and Matthew Szulik and Wife, # 4 Exhibit C - Partially Executed Investment Management Agreement, # 5 Exhibit D - Fully Executed Investment Management Agreement, # 6 Exhibit 2 - Investors Bank and Trust Account Statement for October 2006, # 7 Text of Proposed Order Granting Plaintiffs' Motion for Expedited Jurisdictional Discovery and Extension of Time) (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 04/14/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 29 Filed: 3/31/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting 25 Motion for Extension of Time to File Response to 20 Motion to Dismiss. Responses due by 4/27/2011. Signed by Dennis P. Iavarone, Clerk of Court on 3/31/2011. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/31/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 28 Filed: 3/30/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM IN SUPPORT OF 26 Motion to Dismiss filed by Barry B. Feiner. (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/30/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 27 Filed: 3/30/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Appearance for non-district by John J. Phelan, III on behalf of Barry B. Feiner (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/30/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 26 Filed: 3/30/2011, Entered: None Motion to Dismiss
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION TO DISMISS or to Strike Portions of a Pleading filed by Barry B. Feiner. (Attachments: # 1 Affidavit Declaration of Barry Feiner in Support of Motion to Dismiss) (Phelan, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/30/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 25 Filed: 3/28/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue by Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Attachments: # 1 Text of Proposed Order for Extension of Time) (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/28/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 24 Filed: 3/22/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Appearance by Tracy A. Nichols on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Nichols, Tracy) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/22/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 23 Filed: 3/21/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of Appearance by E. Hardy Lewis on behalf of Barry B. Feiner (Lewis, E.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/21/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 22 Filed: 3/16/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE of Appearance by Tracy A. Nichols on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Nichols, Tracy) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/16/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 21 Filed: 3/4/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Memorandum in Support re 20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue filed by Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A; Declaration of James S. Tagliaferri, # 3 Exhibit B; Declaration of Patricia J. Cornell, # 4 Exhibit C; Declaration of Michael Iavarone, # 5 Exhibit D; Buckner v. UPS (unpublished decision), # 6 Exhibit E; CEM Corp. v. Personal Chemistry (unpublished decision), # 7 Exhibit F; Chapman v. Duke Energy (unpublished decision), # 8 Exhibit G; Charles v. Bradley (unpublished decision), # 9 Exhibit H; Dart Chart v. Kettle Brook (unpublished decision), # 10 Exhibit I; Drinks, Inc. v. Walker (unpublished decision), # 11 Exhibit J; Juntti v. Prudential-Bache (unpublished decision), # 12 Exhibit K; Le Bleu Corp. v. Standard Capital (unpublished decision), # 13 Exhibit L; ODP, LLC v. Shelterlogic (unpublished decision), # 14 Exhibit M; Smith v. Dade Behring (unpublished decision), # 15 Exhibit N; State v. Maximus, Inc. (unpublished decision)) (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/04/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 20 Filed: 3/4/2011, Entered: None Motion to Dismiss
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION TO DISMISS for Lack of Jurisdiction or in the Alternative to Transfer Venue by Patricia Cornell, TAG Virgin Islands, Inc., and James S. Tagliaferri. (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/04/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 19 Filed: 3/4/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FINANCIAL DISCLOSURE STATEMENT by TAG Virgin Islands, Inc. (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/04/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 3/3/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Appearance by Paul K. Sun, Jr on behalf of Patricia Cornell, TAG Virgin Islands, Inc., James S. Tagliaferri (Sun, Paul) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 03/03/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 2/24/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting 15 Motion for Extension of Time to Answer. Barry B. Feiner answer due 3/30/2011. Signed by Dennis P. Iavarone, Clerk of Court on 2/24/2011. A copy of the Order was mailed to Barry Feiner via the U.S. Postal Service to 170 Harrison Avenue, Harrison, NY 10528. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 02/24/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 16 Filed: 2/23/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      FINANCIAL DISCLOSURE STATEMENT by Barry B. Feiner. (Jenkins, C.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 02/24/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 2/23/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Extension of Time to File Answer re 1 Complaint by Barry B. Feiner. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Cover Letter, # 4 Envelope) (Jenkins, C.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 02/24/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 14 Filed: 1/5/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          WAIVER OF SERVICE Returned Executed by Raymond W. Szulik, Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Matthew J. Szulik, and Kyle M. Szulik. Patricia Cornell waiver sent on 1/4/2011, TAG Virgin Islands, Inc. waiver sent on 1/4/2011, James S. Tagliaferri waiver sent on 1/4/2011. (Stromsnes, Michael) Modified on 1/6/2011 to remove deadlines set by counsel. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/05/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 13 Filed: 1/3/2011, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            WAIVER OF SERVICE Returned Executed by Raymond W. Szulik, Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Matthew J. Szulik, Kyle M. Szulik. Barry B. Feiner waiver sent on 12/29/2010. (Stromsnes, Michael) Modified on 1/3/2011 to remove answer deadline. (Sawyer, D.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 01/03/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 12 Filed: 12/28/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of Appearance for non-district by Michael J Stromsnes on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Stromsnes, Michael) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/28/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 11 Filed: 12/28/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Appearance for non-district by John L. Brownlee on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Brownlee, John) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/28/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 10 Filed: 12/28/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Appearance for non-district by Gordon P. Katz on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Katz, Gordon) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/28/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 9 Filed: 12/28/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE of Appearance for non-district by Daniel I. Small on behalf of Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik (Small, Daniel) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/28/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 8 Filed: 12/23/2010, Entered: None Summons Issued
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Summons Issued as to Patricia Cornell, Barry B. Feiner, TAG Virgin Islands, Inc., James S. Tagliaferri. (Grady, B.) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 7 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FINANCIAL DISCLOSURE STATEMENT by Raymond W. Szulik (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 6 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FINANCIAL DISCLOSURE STATEMENT by Kyle M. Szulik (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 5 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            FINANCIAL DISCLOSURE STATEMENT by Keenan Szulik Trust (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 4 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              FINANCIAL DISCLOSURE STATEMENT by Brendan Szulik Trust (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 3 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FINANCIAL DISCLOSURE STATEMENT by Kaitlin Szulik Trust (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 2 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  FINANCIAL DISCLOSURE STATEMENT by Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Kyle M. Szulik, Matthew J. Szulik, Raymond W. Szulik. (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 1 Filed: 12/23/2010, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    COMPLAINT and Jury Demand against Patricia Cornell, Barry B. Feiner, TAG Virgin Islands, Inc., James S. Tagliaferri ( Filing fee $ 350 receipt number 0417-1444782.), filed by Raymond W. Szulik, Brendan Szulik Trust, Kaitlin Szulik Trust, Keenan Szulik Trust, Matthew J. Szulik, Kyle M. Szulik. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Ex. A - Investment Management Agreement, # 3 Exhibit Ex. B - PPTI Note Agreement and PPTI Website Archive, # 4 Exhibit NY Times Article, # 5 Exhibit TAG Virgin Islands Invoices, # 6 Exhibit IEAH Note, # 7 Exhibit Affidavit of Michael Iavarone, # 8 Exhibit Wire to IEAH from Feiner, # 9 Exhibit Notice of Right to Convert, # 10 Exhibit Security and Inducement Agreement, # 11 Exhibit Paseo de la Reforma Partners mortgage, # 12 Exhibit PPTI Note Amendment No. 3, # 13 Exhibit Letter from Roberts to Seul, # 14 Civil Cover Sheet Civil Cover Sheet, # 15 Summons for TAG, # 16 Summons for Tagliaferri, # 17 Summons for Cornell, # 18 Summons for Feiner) (Millen, Pressly) [Transferred from North Carolina Eastern on 3/13/2012.] (Entered: 12/23/2010)
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