MANDATE of USCA (Certified Copy) as to 46 Notice of Appeal, filed by Ervin Tausky, Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, 51 Amended Notice of Appeal, filed by Ervin Tausky, Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments USCA Case Number 14-1313. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/25/2015. (nd) (Entered: 06/25/2015)
FILING ERROR - NO ORDER SELECTED FOR AMENDED APPEAL - FIRST AMENDED NOTICE OF APPEAL re: 46 Corrected Notice of Appeal. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. (Lerner, Richard) Modified on 6/4/2014 (tp). (Entered: 06/03/2014)
ORDER of USCA (Certified Copy) as to 46 Corrected Notice of Appeal filed by Ervin Tausky, Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments. USCA Case Number 14-1313. By notice dated May 6, 2014, this appeal was stayed pending the district court's resolution of a motion for reconsideration pursuant to Rule 59 of the Federal Rules of Civil Procedure. The district court having rendered a decision on the Rule 59 motion in an opinion and order dated May 12, 2014, IT IS ORDERED that the stay of this appeal is hereby lifted and the Appellants are directed to file Forms C and D within 14 days of the date of this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/20/2014. (nd) (Entered: 05/20/2014)
OPINION AND ORDER re: 42 MOTION for Reconsideration RE-FILED PURSUANT TO DEFICIENT DOCUMENT NOTICE OF THIS EVEN DATE MARCH 21, 2014. filed by Ervin Tausky, Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments. For the foregoing reasons, Defendants' Motion for Reconsideration is hereby GRANTED to the extent that it challenges the Court's determination on the timeliness of Plaintiffs' claims against Defendant Lauria, and otherwise DENIED in its entirety. The Clerk is directed to close the motion at Docket No. 42. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/12/2014) (kgo) Modified on 5/12/2014 (kgo). (Entered: 05/12/2014)
NOTICE OF STAY OF APPEAL re: 45 Corrected Notice of Appeal. A notice of appeal was filed in this case on 04/22/2014. Since at least one motion cited in F.R.A.P. 4(a)(4) has been filed in the district court, this appeal is stayed pending resolution of the motion(s). [USCA Case No. 14-1313-cv.](nd) (Entered: 05/06/2014)
FINAL CORRECTED NOTICE OF APPEAL re: 44 Notice of Appeal, 43 Notice of Appeal,. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. (Oberlander, Frederick) (Entered: 04/22/2014)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED NOTICE OF APPEAL from 38 Clerk's Judgment, 37 Memorandum & Opinion, 40 Memo Endorsement,. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Oberlander, Frederick) Modified on 4/22/2014 (tp). (Entered: 04/22/2014)
FILING ERROR - NO ORDER SELECTED FOR APPEAL - FIRST NOTICE OF APPEAL. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Oberlander, Frederick) Modified on 4/22/2014 (tp). Modified on 4/22/2014 (tp). (Entered: 04/21/2014)
MOTION for Reconsideration RE-FILED PURSUANT TO DEFICIENT DOCUMENT NOTICE OF THIS EVEN DATE MARCH 21, 2014. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) (Entered: 04/21/2014)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration of Judgement of March 21, 2014. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) Modified on 4/21/2014 (db). (Entered: 04/18/2014)
MEMO ENDORSEMENT on 39 Letter, filed by Ervin Tausky, Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments. Application denied. The submission referenced above shall be limited to 10 pages, and for purposes of the Court's Individual Rules will be deemed a motion for reconsideration. (Signed by Judge Lorna G. Schofield on 4/11/2014) (ft) (Entered: 04/11/2014)
LETTER addressed to Judge Lorna G. Schofield from Counsels for Plaintiffs Frederick M. Oberlander and Richard E. Lerner dated April 10, 2014 re: Request for 25 page limit on FRCP 59 or equiv. motion due to recent Supreme Court decision and length of order itself. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) (Entered: 04/10/2014)
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated March 19, 2014, Defendants' Motion to Dismiss is granted in its entirety; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/21/2014) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 03/21/2014)
37
Filed: 3/19/2014, Entered: None
OPINION AND ORDER granting 18 FIRST MOTION to Dismiss filed by Salvatore Lauria, Felix Sater. For the foregoing reasons, Defendants' Motion to Dismiss is hereby GRANTED in its entirety. The Clerk is directed to close the motion at Docket 18 and to close the case. (Signed by Judge Lorna G. Schofield on 3/19/2014) (ft) Modified on 3/20/2014 (ft). (Entered: 03/20/2014)
36
Filed: 11/15/2013, Entered: None
ORDER: It is hereby ORDERED that the conference currently set for November 18, 2013, is adjourned to December 18, 2013, at 10:45 a.m., ( Status Conference set for 12/18/2013 at 10:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/15/2013) (lmb) (Entered: 11/15/2013)
35
Filed: 10/29/2013, Entered: None
RESPONSE to Motion re: 18 FIRST MOTION to Dismiss. CORRECTED SUR-REPLY only, as filed on ECF 33, to conform to corrected hard copy version delivered to chambers. Exhibit A remains on ECF 33, qv.. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. (Oberlander, Frederick) (Entered: 10/29/2013)
LETTER addressed to Judge Lorna G. Schofield from Oberlander and Lerner dated October 29, 2013 re: Confirmation of Hand Delivery of Sur-reply to Chambers for enclosure in existing courtesy copy and upload of corrected version to conform with hard-copy version.. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) (Entered: 10/29/2013)
RESPONSE to Motion re: 18 FIRST MOTION to Dismiss. SUR-REPLY BY LEAVE OF COURT. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. (Attachments: # 1 Exhibit Exhibit A)(Oberlander, Frederick) (Entered: 10/28/2013)
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Nader Mobargha dated 10/11/2013 re: The parties in the above-referenced action submit this joint status letter in compliance with Your Honor's May 24, 2013 Order. ENDORSEMENT: Plaintiffs' application for leave to file sur-reply is granted. Plaintiffs shall file the sur-reply, which shall be no more than 5 pages in length, by October 28, 2013. The conference previously scheduled for October 21, 2013, is adjourned to November 18, 2013, at 12:00 p.m., ( Surreplies due by 10/28/2013.), ( Status Conference set for 11/18/2013 at 12:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/17/2013) (lmb) (Entered: 10/17/2013)
ORDER: It is hereby ORDERED that the conference currently set for October 1, 2013, at 2:30 p.m. is adjourned to October 21, 2013, at 3:50 p.m. The parties are reminded to submit a joint status letter no later than 7 days prior to the conference, as directed in the Court's order dated July 16, 2013. ( Status Conference set for 10/21/2013 at 03:50 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/30/2013) (mro) (Entered: 09/30/2013)
REPLY MEMORANDUM OF LAW in Support re: 18 FIRST MOTION to Dismiss.. Document filed by Salvatore Lauria, Felix Sater. (Mobargha, Nader) (Entered: 09/27/2013)
28
Filed: 9/25/2013, Entered: None
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Nader Mohargha dated 9/24/2013 re: We write, on consent of Plaintiffs, to request the Court to extend the deadline for Defendants to file and serve reply their Reply Memorandum in Support of their Motion to Dismiss (the "Reply") until, Monday, September 30, 2013. ENDORSEMENT: Application granted in part. Defendants shall file any reply no later than September 27, 2013. Counsel for Defendants are reminded to review and comply with Individual Rules I.B.1 and I.B.2 in all future communications with Chambers., ( Replies due by 9/27/2013.) (Signed by Judge Lorna G. Schofield on 9/25/2013) (lmb) (Entered: 09/26/2013)
LETTER addressed to Judge Lorna G. Schofield from Oberlander and Lerner dated September 20, 2013 re: Request for Oral Argument on Motion to Dismiss ECF 18 and 25. Request it be consolidated with upcoming conference. Courtesy notice of uploaded Response in Opposition correcting omission of Table of Authorities.. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) (Entered: 09/20/2013)
25
Filed: 9/20/2013, Entered: None
FINAL REPLY MEMORANDUM OF LAW in Opposition re: 18 FIRST MOTION to Dismiss. This is a CORRECTED filing to remedy errors in PDF creation that omitted Table of Authorities. Other than said Table of Authorities this document is absolutely identical to the one filed yesterday.. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. (Oberlander, Frederick) (Entered: 09/20/2013)
24
Filed: 9/19/2013, Entered: None
FIRST REPLY MEMORANDUM OF LAW in Opposition re: 18 FIRST MOTION to Dismiss.. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky. (Oberlander, Frederick) (Entered: 09/19/2013)
MEMO ENDORSEMENT on re: 22 Letter filed by Ervin Tausky, Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments. ENDORSEMENT: Any amendments aimed at curing the defects alleged in Defendants' motion to dismiss must be filed no later than September 19, 2013. Plaintiffs may seek leave from the Court to amend in all other circumstances. (Signed by Judge Lorna G. Schofield on 9/18/2013) (rsh) (Entered: 09/18/2013)
LETTER addressed to Judge Lorna G. Schofield from Oberlander and Lerner dated September 16, 2013 re: Plaintiffs seek clarification of Individual Rules III(C)(2) and III(A)(3) insofar as they suggest the Court will not consider requests for leave to amend post motion to dismiss if the one "as of right" amendment was not used in response to the first motion to dismiss, and if that is so whether their first amendment, made July 30, before the Motion to Dismiss filed August 29 has "consumed" the one amendment as of right per FRCP 15(a)(1) and thus III(C)(2), assuming it has been interpreted correctly, no longer applies; as if it still applies and is interpreted correctly it appears Plaintiffs must amend again now, prior to disposition of the Motion to Dismiss, even if they don't want to simply to preserve the right to seek leave to amend later, after disposition of the Motion to Dismiss.. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) (Entered: 09/16/2013)
AFFIDAVIT OF SERVICE of Motion served on Defendants on 8/28/13, 3 am. Document filed by Salvatore Lauria, Felix Sater. (Mobargha, Nader) (Entered: 08/30/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Nader Mobargha in Support re: 18 FIRST MOTION to Dismiss.. Document filed by Salvatore Lauria, Felix Sater. (Mobargha, Nader) Modified on 8/30/2013 (ldi). (Entered: 08/29/2013)
FIRST MEMORANDUM OF LAW in Support re: 18 FIRST MOTION to Dismiss. Pursuant to Rule 12(b)(6). Document filed by Salvatore Lauria, Felix Sater. (Mobargha, Nader) (Entered: 08/29/2013)
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Nader Mobargha dated 8/19/2013 re: We write, on consent of Plaintiffs, to request the Court to slightly alter the timetable for Defendants' motion to dismiss Plaintiffs' First Amended Complaint, dated July 30, 2013. ENDORSEMENT: Application granted. The briefing schedule is revised as follows. 1) Defendants' motion to dismiss shall be filed and served no later than August 27, 2013. 2) Plaintiffs' opposition to the motion shall be filed and served no later than September 17, 2013. 3) Defendants' reply shall be filed and served no later than September 24, 2013. ( Motions due by 8/27/2013. Responses due by 9/17/2013, Replies due by 9/24/2013.) (Signed by Judge Lorna G. Schofield on 8/20/2013) (rdz) Modified on 8/23/2013 (rdz). (Entered: 08/21/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/16/13 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...(McGuirk, Kelly) (Entered: 07/24/2013)
TRANSCRIPT of Proceedings re: CONFERNCE held on 7/16/2013 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rose Prater, (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 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/25/2013.(McGuirk, Kelly) (Entered: 07/24/2013)
ORDER: Counsel for Defendants shall promptly enter a notice of appearance in this matter. Plaintiffs shall file an amended complaint due by 7/30/2013. Defendants' motion to dismiss due by 8/20/2013. Responses due by 9/3/2013, Replies due by 9/10/2013. Initial Pre-Trial Conference set for 10/1/2013 at 02:30 PM before Judge Lorna G. Schofield. The parties shall submit a joint status letter and Proposed Civil Case Management Plan and Scheduling Order, as directed in the Court's Order dated 5/24/2013 (Dkt. No. 5), no later than 7 days prior to the conference. (Signed by Judge Lorna G. Schofield on 7/16/2013) (tro) (Entered: 07/17/2013)
LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander and Richard Lerner dated 7/11/2013 re: This is Plaintiffs' position on issues raised by Defendants' June 9 pre-motion letter. Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(lmb) (Entered: 07/15/2013)
LETTER addressed to Judge Lorna G. Schofield from Nader Mobargha dated 6/7/2013 re: We represent the defendants in the above-referenced matter and write, pursuant to Rule III(A)(3) of Judge Schofield's Individual Rules and Procedures, to inform Plaintiffs that we will be moving to dismiss their Complaint under Rule 12(b)(6). Document filed by Salvatore Lauria, Felix Sater. (lmb) (Entered: 07/15/2013)
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Frederick M. Oberlander dated 6/21/2013 re: The parties urgently and respectfully request that the July 8th conference be adjourned. The proposed schedule is as follows: Defendants motion to dismiss will be served no later than July 26, plaintiff's response or amended complaint no later than August 9, and defendants' reply, if any, no later than August 16. Premotion conference shall be held at the court's convenience at any time on any day on or after July 16th, except the morning of July 17th, or August 23. ENDORSEMENT: The pre-motion conference scheduled for June 26, 2013, is hereby ADJOURNED to July 16, 2013, at 10:30 a.m. The parties are directed to submit pre-motion letters to chambers, as directed in the Court's June 20, 2013, Order (Dkt. No. 8), no later than July 11, 2013. Defendants' time to answer or otherwise respond to the Complaint is extended to July 26, 2013. Defendants' contemplated Motion to Dismiss shall be served and filed by July 26, 2013. Plaintiffs' response or amended complaint shall be served and filed by August 9, 2013. Defendants' reply, if any, shall be served and filed by August 16, 2013. If Plaintiffs file an amended complaint, Defendants shall, within 21 days of such amendment: (1) file an answer; (2) file a new motion to dismiss; or (3) email a letter to the Court, copying Plaintiffs, stating that it relies on the previously filed motion to dismiss. The initial pretrial conference scheduled for July 8, 2013, is hereby ADJOURNED and will be rescheduled at the pre-motion conference.( Amended Pleadings due by 8/9/2013., Motions due by 7/26/2013., Responses due by 8/9/2013, Replies due by 8/16/2013.), ( Pre-Motion Conference set for 7/16/2013 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/24/2013) (rsh) (Entered: 06/24/2013)
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Nader Mobargha dated 6/19/2013 re: Counsel for defendants believe that a brief conference before Your Honor may sway either the Plaintiff to amend or withdraw their complaint, or alternatively, sway the Defendants to answer rather than move to dismiss the complaint. ENDORSEMENT: It is hereby ORDERED that a pre-motion conference will be held before the Court on June 26, 2013, at 10:45 a.m. The parties are directed to submit pre-motion letters to chambers, copying opposing counsel, no later than June 24, 2013. Defendants' letter shall explain the legal and other grounds for the contemplated motion, and Plaintiffs' letter shall indicate (based on the prior exchange of correspondence) the extent, if any, to which Plaintiffs concur with Defendants' objections and the amendments, if any, to be made to address them, or the reasons and controlling authority that support the pleadings as filed. It is further ORDERED that counsel for Defendants shall enter an appearance in this case prior to the conference.(Pre-Motion Conference set for 6/26/2013 at 10:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/20/2013) (rsh) (Entered: 06/20/2013)
AFFIDAVIT OF SERVICE of Summons and Complaint,. Salvatore Lauria served on 4/29/2013, answer due 5/20/2013. Service was made by Sal Lauria. Document filed by Estate of Ernest Gottdiener; Estate of Judit Gottdiener; Suan Investments; Ervin Tausky. (Oberlander, Frederick) (Entered: 06/04/2013)
AFFIDAVIT OF SERVICE of Summons and Complaint,. Felix Sater served on 4/26/2013, answer due 5/17/2013. Service was accepted by Felix Sater. Document filed by Estate of Ernest Gottdiener; Estate of Judit Gottdiener; Suan Investments; Ervin Tausky. (Oberlander, Frederick) (Entered: 06/04/2013)
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties submit one copy of the parties pleadings and a joint letter, not to exceed 5 pages, providing the following information in separate paragraphs as outlined within this order. DATE AND PLACE OF CONFERENCE: July 8, 2013, at 2:40 p.m., before Judge Lorna G. Schofield in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/24/2013) (rsh) (Entered: 05/30/2013)
STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 re: that this action be filed as related to 10-CV-3959 (PAE). Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) (Entered: 03/25/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RELATED CASE AFFIRMATION of Frederick M. Oberlander re: that this action be filed as related to 10-CV-3959 (PAE). Document filed by Estate of Ernest Gottdiener, Estate of Judit Gottdiener, Suan Investments, Ervin Tausky.(Oberlander, Frederick) Modified on 3/25/2013 (ka). (Entered: 03/23/2013)
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