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US District Court Civil Docket as of October 2, 2019 Retrieved from the court on October 2, 2019
U.S. District Court Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:10-cv-04104-DLI-RML
Le et al v. Spongetech Delivery Systems, Inc. et al Assigned to: Chief Judge Dora Lizette Irizarry Referred to: Magistrate Judge Robert M. Levy Lead case: 1:10-cv-04093-DLI-RML Member case: (View Member Case) Case in other court: EDNY, 10-cv-2031-DLI-JMA New York Southern, 1:09-cv-08616Cause: 15:78m(a) Securities Exchange Act
Date Filed: 09/09/2010 Jury Demand: Both Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question
Mediator
Usher T. Winslett represented by Usher T. Winslett Winslett Studnicky McCormick & Bomser 6 East 39th Street 6th Floor New York, NY 10016-0112 646-688-5424 Email: [email protected] PRO SE
Movant
Travis Knadle represented by William Federman Federman & Sherwood 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 405-235-1560 Fax: 405-239-2112 Email: [email protected] ATTORNEY TO BE NOTICED
Movant
Tony Mineruini represented by William Federman (See above for address) ATTORNEY TO BE NOTICED
Movant
Marc Pumerantz represented by William Federman (See above for address) ATTORNEY TO BE NOTICED
Movant
Randy Aldieri represented by William Federman (See above for address) ATTORNEY TO BE NOTICED
Movant
Ken Schwab represented by William Federman (See above for address) ATTORNEY TO BE NOTICED
Movant
Schick Group represented by Phillip C. Kim NYC Law Department, Corporation Counsel 100 Church Street New York, NY 10007 212-788-0845 Fax: 212-788-9776 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Quang Le Individually
represented by Laurence Matthew Rosen Laurence Rosen, ESQ. 275 Madison Avenue 40th Floor New York, NY 10016-1101 212-686-1060 Fax: 212-202-3827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip C. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Quang Le On behalf of all others similarly situated
represented by Laurence Matthew Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip C. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
The Sullivan Lead Plaintiff Group represented by Gary S. Graifman Kantrowitz Goldhamer & Graifman Suite 200 747 Chestnut Ridge Road Spring Valley, NY 10977 845-356-2570 Fax: 845-356-4335 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Patrick Sullivan represented by Patrick Sullivan c/o Gary S. Graifman Kantrowitz Goldhamer & Graifman, P.C. 747 Chestnut Ridge Rd Ste 200 Spring Valley, NY 10977 8453562570 Email: [email protected] PRO SE
Plaintiff
Dennis S. Fogell represented by Dennis S. Fogell c/o Gary S. Graifman Kantrowitz Goldhamer & Graifman, P.C. 747 Chestnut Ridge Rd Ste 200 Spring Valley, NY 10977 8453562570 Email: [email protected] PRO SE
V.
Consol Plaintiff
Jeffrey P. Orlan Individually
represented by Gary S. Graifman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Plaintiff
Jeffrey P. Orlan on behalf of all others similarly situated
represented by Gary S. Graifman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
Spongetech Delivery Systems, Inc. represented by Martin S. Siegel Brown Rudnick Berlack Israels LLP 7 Times Square New York, NY 10036 212-209-4829 Fax: 212-209-4801 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jesse Z. Weiss Greenberg Traurig (Austin) 300 West 6th Street Suite 2050 Austin, TX 78701 512-320-7231 Fax: 512-320-7210 PRO HAC VICE ATTORNEY TO BE NOTICED Laura Moriaty Greenberg Traurig, LLP 300 West 6th Street Suite 2050 Austin, TX 78701 (512) 320-7200 Fax: (512) 320-7210 TERMINATED: 05/10/2010 PRO HAC VICE Paul Richard Bessette Greenberg Traurig LLP MetLife Building 200 Park Avenue New York, NY 10166 (212) 801-9200 Fax: (212) 801-6400 ATTORNEY TO BE NOTICED
Defendant
Michael L. Metter TERMINATED: 09/26/2019
represented by Martin S. Siegel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jesse Z. Weiss (See above for address) TERMINATED: 06/14/2011 PRO HAC VICE ATTORNEY TO BE NOTICED
Laura Moriaty (See above for address) TERMINATED: 05/10/2010 PRO HAC VICE Maranda E. Fritz Thompson Hine LLP 335 Madison Avenue, 12th Floor New York, NY 10017 (212) 908-3966 Fax: (212) 344-6101 Email: [email protected] ATTORNEY TO BE NOTICED Paul Richard Bessette (See above for address) TERMINATED: 06/14/2011 ATTORNEY TO BE NOTICED
Defendant
Steven Moskowitz represented by Steven Moskowitz 136-24 71st Road, NY 11367-1943 917-685-4958 Email: [email protected] PRO SE Martin S. Siegel (See above for address) TERMINATED: 05/08/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jesse Z. Weiss (See above for address) TERMINATED: 08/03/2010 PRO HAC VICE ATTORNEY TO BE NOTICED Laura Moriaty (See above for address) TERMINATED: 05/10/2010 PRO HAC VICE Michael F. Bachner Bachner & Herskovits, P.C. 26 Broadway Suite 2310 New York, NY 10004
(212) 344-7778 Fax: (212) 344-7774 Email: [email protected] TERMINATED: 01/18/2018 ATTORNEY TO BE NOTICED Paul Richard Bessette (See above for address) TERMINATED: 05/08/2019 ATTORNEY TO BE NOTICED Scott James Splittgerber Bachner & Associates, PC 26 Broadway, Suite 2310 New York, NY 10004 212-344-7778 Fax: 212-344-7774 Email: [email protected] TERMINATED: 05/08/2019 ATTORNEY TO BE NOTICED
Defendant
Frank Lazauskas TERMINATED: 05/14/2019
represented by Martin S. Siegel (See above for address) TERMINATED: 07/20/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J. Harfenist HARFENIST KRAUT & PERLSTEIN, LLP 3000 Marcus Avenue 2nd Floor East Lake Success, NY 11042 516-355-9600 Fax: 516-335-9618 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel Aaron Edelson Katten Muchin Rosenman LLP 575 Madison Avenue New York, NY 10022 (212)940-6576 Fax: (212)894-5776 TERMINATED: 07/19/2012 ATTORNEY TO BE NOTICED Jesse Z. Weiss
(See above for address) TERMINATED: 07/29/2010 PRO HAC VICE ATTORNEY TO BE NOTICED Laura Moriaty (See above for address) TERMINATED: 05/10/2010 PRO HAC VICE Paul Richard Bessette (See above for address) ATTORNEY TO BE NOTICED William M. Regan Katten Muchin Rosenman LLP 575 Madison Avenue New York, NY 10022 212-940-6541 Fax: 212-940-8776 Email: [email protected] TERMINATED: 07/19/2012 ATTORNEY TO BE NOTICED
Defendant
RM Enterprises International, Inc. represented by Martin S. Siegel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jesse Z. Weiss (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Laura Moriaty (See above for address) TERMINATED: 05/10/2010 PRO HAC VICE Paul Richard Bessette (See above for address) ATTORNEY TO BE NOTICED
Defendant
John Delladonna TERMINATED: 12/04/2017
represented by Roger L. Fidler Law Offices of Roger L. Fidler 126 East 83rd Street, 3b New York, NY 10028 201-220-8734
Fax: 201-670-0888 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Jack Halperin TERMINATED: 06/24/2019
represented by Richard B. Porter Wilson Elser Moskowitz Edelman & Dicker 150 East 42nd Street New York, NY 10017 212-915-5690 Fax: 212-490-3038 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Drakeford & Drakeford, LLC represented by Roger L. Fidler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Joel Pensley TERMINATED: 12/04/2017
represented by Roger L. Fidler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed # Docket Text
10/09/2009 1 COMPLAINT against Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz. (Filing Fee $ 350.00, Receipt Number 702590)Document filed by Quang Le(Individually), Quang Le(On behalf of all others similarly situated).(mro) (mro). [Transferred from New York Southern on 9/9/2010.] (Entered: 10/13/2009)
10/09/2009 SUMMONS ISSUED as to Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz. (mro) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/13/2009)
10/09/2009 Magistrate Judge Ronald L. Ellis is so designated. (mro) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/13/2009)
10/09/2009 Case Designated ECF. (mro) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/13/2009)
10/13/2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Laurence Matthew Rosen for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, to:
[email protected]. (mro) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/13/2009)
10/14/2009 2 SUMMONS RETURNED EXECUTED. Spongetech Delivery Systems, Inc. served on 10/14/2009, answer due 11/3/2009. Service was accepted by Dawn, Secretary. Document filed by Quang Le(Individually). (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/14/2009)
10/14/2009 3 SUMMONS RETURNED EXECUTED. RM Enterprises International, Inc. served on 10/14/2009, answer due 11/3/2009. Service was accepted by Dawn, Secretary. Document filed by Quang Le(Individually). (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/14/2009)
10/14/2009 4 SUMMONS RETURNED EXECUTED. Steven Moskowitz served on 10/14/2009, answer due 11/3/2009. Service was accepted by Dawn, Secretary (Substituted Service). Document filed by Quang Le(Individually). (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/14/2009)
10/14/2009 5 SUMMONS RETURNED EXECUTED. Quang Le(Individually) served on 10/14/2009, answer due 11/3/2009. Service was accepted by Dawn, Secretary (substituted service). Document filed by Quang Le(Individually). (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/14/2009)
10/14/2009 6 SUMMONS RETURNED EXECUTED. Frank Lazauskas served on 10/14/2009, answer due 11/3/2009. Service was accepted by Dawn, Secretary (substituted service). Document filed by Quang Le(Individually). (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 10/14/2009)
11/03/2009 7 NOTICE OF APPEARANCE by Martin S. Siegel on behalf of Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz (Siegel, Martin) [Transferred from New York Southern on 9/9/2010.] (Entered: 11/03/2009)
11/05/2009 8 STIPULATION: Plaintiff shall have sixty (60) days from the appointment by the Court of lead plaintiff pursuant to 15 U.S.C. § 78u-4(8)(3)(B)(i) to represent the class. and Court approval of lead plaintiff's selection of lead counsel pursuant to 15 U.S.C. § 78u-4(a)(3)(B)(v), to file and serve an Amended Complaint on Defendants. Defendants do not have to respond to the Complaint filed by Plaintiff on 10/9/09. Defendants shall have sixty (60) days from the service of an Amended Complaint to answer, move or otherwise respond to the Amended Complaint. ENDORSEMENT: No motion to dismiss is to be filed without a prior conference with the Court. (Signed by Judge John G. Koeltl on 11/4/09) (tro) [Transferred from New York Southern on 9/9/2010.] (Entered: 11/05/2009)
12/08/2009 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s)., MOTION to Appoint Counsel., MOTION to Consolidate Cases 1:09-cv-09037. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Attachments: # 1 Exhibit A - [Proposed] Order Consolidating Related Actions, Appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of Lead Counsel)(Federman, William) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-09037. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Federman, William) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 11 DECLARATION of William B. Federman in Support re: 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-09037. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Attachments: # 1 Exhibit A - PSLRA Certifications, # 2 Exhibit B - PSLRA Loss Analyses, # 3 Exhibit C - Press Release, # 4 Exhibit D - Firm Resume)(Federman, William) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.., MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09-cv-9037 (JGK). Document filed by Schick Group. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 13 MEMORANDUM OF LAW in Support re: 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.. MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK).. Document filed by Schick Group. (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 14 DECLARATION of Phillip Kim in Support re: 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.. MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK).. Document filed by Schick Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 15 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s). Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 16 BRIEF IN SUPPORT OF MOTION OF THE SULLIVAN LEAD PLAINTIFF GROUP FOR APPOINTMENT OF LEAD PLAINTIFF. Document filed by The Sullivan Lead Plaintiff Group.(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/08/2009 17 DECLARATION of Gary S. Graifman, Esq. in Support re: 15 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Exhibit A to Gary S. Graifman
Declaration, # 2 Exhibit B to Gary S. Graifman Declaration, # 3 Exhibit C to Gary S. Graifman Declaration, # 4 Exhibit D to Gary S. Graifman Declaration)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/08/2009)
12/22/2009 18 MEMORANDUM OF LAW in Opposition re: 15 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s)., 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-09037. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Schick Group. (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/22/2009)
12/22/2009 19 MEMORANDUM OF LAW in Opposition re: 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.. MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK)., 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-09037. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Affidavit of Service of Brief and Declaration)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/22/2009)
12/22/2009 20 DECLARATION of Gary S. Graifman in Opposition re: 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.. MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK)., 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-09037. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Exhibit A to Graifman Declaration, # 2 Exhibit B to Graifman Declaration, # 3 Affidavit of Service of Brief and Declaration)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/22/2009)
12/29/2009 21 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Affidavit of Service of Reply Brief)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/29/2009)
12/29/2009 22 REPLY to Response to Motion re: 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.. MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK).. Document filed by Schick Group. (Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/29/2009)
12/29/2009 23 DECLARATION of Phillip Kim in Support re: 12 MOTION to Appoint Counsel the Rosen Law Firm, P.A.. MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037
(JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-9037 (JGK).. Document filed by Schick Group. (Attachments: # 1 Exhibit 1)(Kim, Phillip) [Transferred from New York Southern on 9/9/2010.] (Entered: 12/29/2009)
01/08/2010 24 ORDER: The defendants are requested to provide the Court with a list of all pending related cases and motions. (Signed by Judge John G. Koeltl on 1/8/2010) (jfe) [Transferred from New York Southern on 9/9/2010.] (Entered: 01/09/2010)
02/03/2010 25 NOTICE OF APPEARANCE by Paul Richard Bessette on behalf of Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz (Bessette, Paul) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/03/2010)
02/03/2010 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Appearance, by Paul R. Bessette, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/03/2010)
02/03/2010 26 NOTICE OF CHANGE OF ADDRESS by Paul Richard Bessette on behalf of Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz. New Address: Greenberg Traurig, LLP, MetLife Building, 200 Park Avenue, New York, New York, United States 10166, (212) 801-2130. (Bessette, Paul) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/03/2010)
02/03/2010 27 RESPONSE re: 24 Order. Document filed by Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz. (Bessette, Paul) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/03/2010)
02/05/2010 28 MOTION for Laura Moriaty to Appear Pro Hac Vice. Document filed by Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz.(mro) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/08/2010)
02/05/2010 29 MOTION for Jesse Z. Weiss to Appear Pro Hac Vice. Document filed by Frank Lazauskas, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz.(mro) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/08/2010)
02/09/2010 30 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 29 Motion for Jesse Z. Weiss to Appear Pro Hac Vice for defendants.. (Signed by Judge John G. Koeltl on 2/9/10) (cd) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/09/2010)
02/18/2010 31 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 28 Motion for Laura Moriaty to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 2/17/2010) (jfe) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/18/2010)
02/19/2010 CASHIERS OFFICE REMARK on 28 Motion to Appear Pro Hac Vice, 29 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/05/2010, Receipt
Number 893717. (jd) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/19/2010)
02/22/2010 32 ORDER: The defendants are requested to provide the Court with a list of all pending related cases and motions, and any courtesy copies which have not been previously provided. SO ORDERED. (Signed by Judge John G. Koeltl on 2/20/2010) (tve) [Transferred from New York Southern on 9/9/2010.] (Entered: 02/22/2010)
04/05/2010 33 ORDER: The defendants are requested to provide the Court with courtesy copies of all papers in the pending motions in these cases. SO ORDERED. (Signed by Judge John G. Koeltl on 4/1/2010) (tve) [Transferred from New York Southern on 9/9/2010.] (Entered: 04/05/2010)
04/08/2010 34 ORDER the Court has only received sporadic courtesy copies of the pending motions in this case. Therefore, the Court requests that defense counsel provide the Court with the following by 4/16/10: (1) a list of all pending motions and (2) a set of courtesy copies of all of the papers addressing the pending motions. So Ordered. (Signed by Judge John G. Koeltl on 4/7/10) (cd) [Transferred from New York Southern on 9/9/2010.] (Entered: 04/08/2010)
04/23/2010 35 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Thursday, May 6, 2010 at 2:30pm in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107.(jfe) Modified on 4/23/2010 (jfe). [Transferred from New York Southern on 9/9/2010.] (Entered: 04/23/2010)
04/23/2010 36 NOTICE of Withdrawal re: 9 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-09037. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Federman, William) [Transferred from New York Southern on 9/9/2010.] (Entered: 04/23/2010)
04/29/2010 37 ENDORSED LETTER addressed to Judge John G. Koeltl from Gary S. Graifman dated 4/27/2010 re: Counsel writes requesting that the Court move the scheduled oral argument on the motion for appointment of lead counsel to another date due to a conflict. ENDORSEMENT: Adjourned to Friday, 5/7/2010 at 4:00 pm. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2010) (tve) [Transferred from New York Southern on 9/9/2010.] (Entered: 04/29/2010)
05/05/2010 39 ORDER: As explained on the record today, the Sullivan Group's motion to consolidate these actions, for appointment as lead plaintiffs, and to appoint lead counsel is granted. The motions of the Schick and Knadle groups are denied. The Clerk is directed to close all of the pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 2/20/2010) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(tve) [Transferred from New York Southern on 9/9/2010.] (Entered: 05/10/2010)
05/10/2010 38 ORDER ON REQUEST TO WITHDRAW: After considering Laura Moriaty's request to withdraw as attorney of record for the defendants in the above captioned matter, the court GRANTS Laura Moriaty's request to withdraw. Paul R. Bessette, Jesse Z. Weiss, and the law firm of Greenberg Traurig, LLP will continue to
represent the defendants. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/2010) (tve) [Transferred from New York Southern on 9/9/2010.] (Entered: 05/10/2010)
05/12/2010 40 ORDER GRANTING THE MOTION OF THE SULLIVAN LEAD PLAINTIFF GROUP, FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFFS AND APPROVAL OF SELECTION OF LEAD COUNSEL, The Actions, 1:09-cv-08616-JGK and 1:09-cv-09037-JGK (as defined in the accompanying Memorandum of Law) and any other actions are hereby consolidated into one action (hereinafter, the "Consolidated Action") for all purposes, pursuant to Federal Rules of Civil Procedure 42. This Order (the "Order") shall apply as specified to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or transferred to this Court and is consolidated with the Consolidated Action. A Master File is hereby established for this proceeding. The Master File shall be 1:09-CY-8616 (JGK). The Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. The Clerk shall mail a copy of this Order to counsel of record in the Consolidated Actions. Every pleading filed in the Consolidated Action shall have the following caption: IN RE SPONGETECH DELIVERY SYSTEMS, INC. SECURITIES LITIGATION. The following plaintiffs and class members are appointed lead plaintiffs pursuant to Section 210 (a)(3)(B) of the Securities Exchange Act of 1934 ("Exchange Act"): Patrick Sullivan, Dennis J. Fogell, and Lisa Fogell. The law firm of Kantrowitz, Goldhamer & Graifman is hereby appointed as Lead Counsel for Plaintiffs and the Class. ENDORSEMENT: Action 09cv9037 is dismissed without prejudice because it is consolidated with 09cv8616 and all filing should be in 09cv9038. (Signed by Judge John G. Koeltl on 5/12/10) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(pl) Modified on 5/24/2010 (pl). [Transferred from New York Southern on 9/9/2010.] (Entered: 05/18/2010)
05/20/2010 41 MEMO ENDORSEMENT on 40 ORDER GRANTING THE MOTION OF THE SULLIVAN LEAD PLAINTIFF GROUP, FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFFS AND APPROVAL OF SELECTION OF LEAD COUNSEL. (CORRECTED) ENDORSEMENT: Action 09 Civ. 9037 is dismissed without prejudice because it is consolidated with 09CV8616 and all filing should be in 09 Civ. 8616. (Signed by Judge John G. Koeltl on 5/19/2010) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(jpo) [Transferred from New York Southern on 9/9/2010.] (Entered: 05/20/2010)
05/26/2010 42 ENDORSED LETTER addressed to Judge John G. Koeltl from Gary S. Graifman dated 5/24/2010 re: It is my intention to call Mr. Bessette and attempt to work out a schedule with him unless the Court believes that a sixty (60) day delay for Defendants to answer or otherwise move is not acceptable. ENDORSEMENT: The parties should provide a comprehensive scheduling order as indicated at the last conference. Sixty days to file Consolidated Complaint and for the first motion to dismiss,is reasonable, providing that is part of the comprehensive schedule outlined by the Court. (Signed by Judge John G. Koeltl on 5/25/2010) (jpo) Modified on 6/7/2010 (jpo). [Transferred from New York Southern on 9/9/2010.] (Entered: 05/27/2010)
06/02/2010 43 TRANSCRIPT of proceedings held on 5/7/2010 before Judge John G. Koeltl. (jfe) (eef). [Transferred from New York Southern on 9/9/2010.] (Entered: 06/03/2010)
06/11/2010 44 STIPULATION AND ORDER; Plaintiffs shall serve and file their Consolidated Amended Complaint by June 17, 2010; Defendants shall answer or otherwise move on or before August 2, 2010; Plaintiffs shall respond to or oppose Defendant's Motion to Dismiss, if any, on or before September 8, 2010. Alternatively, in response to the Motion to Dismiss Plaintiffs may file one further amended complaint; and Defendants shall serve and file any reply papers on or before September29, 2010. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/2010) (tve) [Transferred from New York Southern on 9/9/2010.] (Entered: 06/11/2010)
06/14/2010 45 STIPULATION AND ORDER: Plaintiffs shall serve and file their Consolidated Amended Complaint by June 17, 2010; Defendants shall answer or otherwise move on or before August 2, 2010; Plaintiffs shall respond to or oppose Defendant's Motion to Dismiss, if any, on or before September 8, 2010. Defendants shall serve and file any reply papers on or before September 29, 2010. (Signed by Judge John G. Koeltl on 6/14/2010) (jpo) [Transferred from New York Southern on 9/9/2010.] (Entered: 06/14/2010)
06/17/2010 46 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Amended Complaint) - MOTION to Amend/Correct and filing of Consolidated Amended Class Action Complaint. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Affidavit of Service of Consolidated Amended Class Action Complaint)(Graifman, Gary) Modified on 6/18/2010 (jar). [Transferred from New York Southern on 9/9/2010.] (Entered: 06/17/2010)
06/18/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Gary Graifman to MANUALLY RE-FILE Document No. 46 Motion to Amend/Correct. This document is not filed via ECF. (jar) [Transferred from New York Southern on 9/9/2010.] (Entered: 06/18/2010)
07/20/2010 47 SUGGESTION OF BANKRUPTCY upon the record as to Spongetech Delivery Systems, Inc.. Document filed by Michael L. Metter (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bessette, Paul) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/20/2010)
07/20/2010 48 AFFIDAVIT OF SERVICE of Summons and Complaint,. John Delladonna served on 7/12/2010, answer due 8/2/2010. Service was accepted by JOHN DELLADONNA. Document filed by Jeffrey P. Orlan(Individually); Jeffrey P. Orlan(on behalf of all others similarly situated); The Sullivan Lead Plaintiff Group. (Attachments: # 1 Summons for John Delladonna)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/20/2010)
07/23/2010 49 ORDER: Because there is a notice of bankruptcy of defendant Spongetech Delivery Systems, Inc., and the case is stayed as to it, the parties should advise the Court by 7/30/2010 with respect to their positions as to what effect, if any, the stay as to Spongetech should have on the proceedings in this case. (Signed by Judge John G. Koeltl on 7/23/2010) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(tro) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/23/2010)
07/27/2010 50 AFFIDAVIT OF SERVICE. Jack Halperin served on 7/19/2010, answer due 8/9/2010. Service was accepted by Jack Halperin. Document filed by Quang Le(Individually); Jeffrey P. Orlan(Individually); The Sullivan Lead Plaintiff Group;
Jeffrey P. Orlan(on behalf of all others similarly situated); Quang Le(On behalf of all others similarly situated). (Attachments: # 1 Summons)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/27/2010)
07/27/2010 51 AFFIDAVIT OF SERVICE. Drakeford & Drakeford, LLC served on 7/21/2010, answer due 8/11/2010. Service was accepted by Drakeford & Drakeford, LLC. Document filed by Quang Le(Individually); The Sullivan Lead Plaintiff Group; Jeffrey P. Orlan(on behalf of all others similarly situated). (Attachments: # 1 Summons)(Graifman, Gary) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/27/2010)
07/29/2010 52 SCHEDULING ORDER: Defendant Frank Lazauskas answer/motion due 9/2/2010. Plaintiffs Responses due by 10/4/2010. Frank Lazauskas Reply due by 10/25/2010. (Signed by Judge John G. Koeltl on 7/28/10) (db) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/29/2010)
07/29/2010 53 STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL: That Katten Muchin Rosenman LLP, by William Regan, is hereby substituted for and in place of Greenberg Traurig LLP, as attorneys for Defendant Frank Lazauskis. Attorney William Michael Regan, Daniel Aaron Edelson for Frank Lazauskas added. Attorney Jesse Z. Weiss terminated. (Signed by Judge John G. Koeltl on 7/28/10) (db) [Transferred from New York Southern on 9/9/2010.] (Entered: 07/29/2010)
07/30/2010 54 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Substitute Attorney. Old Attorney: Greenberg Traurig, LLP, New Attorney: Michael F. Bachner Bachner & Associates, P.C.. Document filed by Steven Moskowitz. (Attachments: # 1 Text of Proposed Order Stipulation Substituting Counsel)(Bachner, Michael) Modified on 8/2/2010 (db). [Transferred from New York Southern on 9/9/2010.] (Entered: 07/30/2010)
07/30/2010 55 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Answer. Document filed by Steven Moskowitz. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Bachner, Michael) Modified on 8/2/2010 (db). [Transferred from New York Southern on 9/9/2010.] (Entered: 07/30/2010)
07/30/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Fred Bachner to RE-FILE Document 54 MOTION to Substitute Attorney. Old Attorney: Greenberg Traurig, LLP, New Attorney: Michael F. Bachner Bachner & Associates, P.C.. Use the event type Affidavit in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion to Substitute Attorney WAS NOT FILED. First File Motion, then file and link any supporting documents. (db) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/02/2010)
07/30/2010 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 31 HAS BEEN REJECTED. Note to Attorney Michael Fred Bachner : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/02/2010)
08/02/2010 56 ANSWER to Complaint with JURY DEMAND. Document filed by Michael L. Metter.(Bessette, Paul) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/02/2010)
08/02/2010 57 NOTICE OF APPEARANCE by Roger L. Fidler on behalf of John Delladonna (Fidler, Roger) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/02/2010)
08/02/2010 58 ANSWER to Complaint. Document filed by John Delladonna.(Fidler, Roger) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/02/2010)
08/03/2010 59 ENDORSED LETTER addressed to Judge John G. Koeltl from Michael Backner dated 7/30/10 re: Request for a 30 day extension of time to answer for defendant Steven Moskowitz. ENDORSEMENT: Time to move or answer for defendant Moskowitz adjourned to 9/2/10. The Court will set any other time tables at the 8/6/10 Conference. Steven Moskowitz answer due 9/2/2010.(Motion due by 9/2/2010.) (Signed by Judge John G. Koeltl on 8/2/10) (cd) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/03/2010)
08/03/2010 60 STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL that Bachner & Associates, PC is hereby substituted for and in place of Greenberg Traurig LLP for defendant Steven Moskowitz. (Signed by Judge John G. Koeltl on 8/2/10) (cd) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/03/2010)
08/03/2010 61 NOTICE of of Status Conference. Document filed by Michael L. Metter. (Bessette, Paul) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/03/2010)
08/05/2010 62 NOTICE OF APPEARANCE by Richard Benjamin Porter, Jr on behalf of Jack Halperin (Porter, Richard) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/05/2010)
08/13/2010 63 ORDER: The parties are directed to advise the Court by August 20, 2010, why the case should not be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. § 1404(a), for the convenience of the parties and in the interests of justice, in view of the pendency of related civil and criminal litigation in the Eastern District of New York. (Signed by Judge Laura Taylor Swain, Part I, on 8/13/2010) (jpo) [Transferred from New York Southern on 9/9/2010.] (Entered: 08/16/2010)
09/02/2010 64 ANSWER to Complaint with JURY DEMAND. Document filed by Steven Moskowitz.(Bachner, Michael) [Transferred from New York Southern on 9/9/2010.] (Entered: 09/02/2010)
09/08/2010 65 MEMO ENDORSEMENT on Docket No. 45 ORDER in Case No. 09 Civ. 9037. ENDORSEMENT: This Order also applies to Case No. 09 Civ. 8616 (JGK) which should also be transferred to The Eastern District of New York. (Signed by Judge John G. Koeltl on 9/8/2010) (jpo) [Transferred from New York Southern on 9/9/2010.] (Entered: 09/08/2010)
09/08/2010 Transmission to Docket Assistant Clerk. Transmitted re: 65 Memo Endorsement, to the Docket Assistant Clerk for case processing. (jpo) [Transferred from New York Southern on 9/9/2010.] (Entered: 09/08/2010)
09/08/2010 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of New York, except for documents numbered 43 which were sent via Federal Express AIRBILL # 8705 1072 6002 on 9/8/2010. (tro) [Transferred from New York Southern on 9/9/2010.] (Entered: 09/08/2010)
09/08/2010 71 MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document by Frank Lazauskas. (Marziliano, August) (Entered: 09/14/2010)
09/08/2010 72 AFFIDAVIT/DECLARATION in Support re 71 MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by Frank Lazauskas. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G - Part 1, # 9 Exhibit G - Part 2, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K) (Marziliano, August) (Entered: 09/14/2010)
09/08/2010 73 MEMORANDUM in Support re 71 MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by Frank Lazauskas. (Marziliano, August) (Entered: 09/14/2010)
09/08/2010 74 NOTICE of Appearance by Roger L. Fidler on behalf of Drakeford & Drakeford, LLC (aty to be noticed) (Marziliano, August) (Entered: 09/14/2010)
09/08/2010 75 ANSWER to Complaint by Drakeford & Drakeford, LLC. (Marziliano, August) (Entered: 09/14/2010)
09/08/2010 76 NOTICE of Appearance by Roger L. Fidler on behalf of Joel Pensley (Marziliano, August) (Entered: 09/14/2010)
09/08/2010 77 ANSWER to Complaint by Joel Pensley. (Marziliano, August) (Entered: 09/14/2010)
09/09/2010 66 Case transferred in from District of New York Southern; Case Number 1:09-cv-08616. Original file certified copy of transfer order and docket sheet received. (Entered: 09/09/2010)
09/09/2010 The case of Le et al v. Spongetech Delivery Systems, Inc. et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 10-cv-4104. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) (Entered: 09/09/2010)
09/10/2010 67 Corporate Disclosure Statement by Jack Halperin (Porter, Richard) (Entered: 09/10/2010)
09/10/2010 68 First MOTION to Dismiss Notice of Motion by Jack Halperin. Responses due by 10/18/2010 (Porter, Richard) (Entered: 09/10/2010)
09/10/2010 69 First MOTION to Dismiss Declaration of Richard Porter in Support of Motion to Dismiss by Jack Halperin. Responses due by 10/18/2010 (Attachments: # 1 Exhibit A (1 of 6), # 2 Exhibit A (2 of 6), # 3 Exhibit A (3 of 6), # 4 Exhibit A (4 of 6), # 5 Exhibit A (5 of 6), # 6 Exhibit A (6 of 6)) (Porter, Richard) (Entered: 09/10/2010)
09/10/2010 70 First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss by Jack Halperin. Responses due by 10/18/2010 (Porter, Richard) (Entered: 09/10/2010)
09/14/2010 Motions terminated, docketed incorrectly: 70 First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss filed by Jack Halperin, 69 First MOTION to Dismiss Declaration of Richard Porter in Support of Motion to Dismiss filed by Jack Halperin ----- These documents are related to the motion filed as document 68 . They are not separate motions, but rather supporting documents. (Carosella, Christy) (Entered: 09/14/2010)
09/14/2010 NOTICE Documents 71-77 were originally filed in the Southern District of New York after the case was transferred to the Eastern District of New York. The original numbers in the Southern District of New York were 66-72. (Marziliano, August) (Entered: 09/14/2010)
09/20/2010 78 MOTION to Stay by Michael L. Metter. (Bessette, Paul) (Entered: 09/20/2010)
09/20/2010 79 DECLARATION re 78 MOTION to Stay by R. Adam Swick by Michael L. Metter (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Bessette, Paul) (Entered: 09/20/2010)
09/20/2010 80 MEMORANDUM in Support re 78 MOTION to Stay filed by Michael L. Metter. (Attachments: # 1 Proposed Order) (Bessette, Paul) (Entered: 09/20/2010)
09/21/2010 81 MOTION to Amend/Correct/Supplement 80 Memorandum in Support to Correct Attached [Proposed] Order by Michael L. Metter. (Attachments: # 1 Proposed Order) (Bessette, Paul) (Entered: 09/21/2010)
09/23/2010 ORDER terminating 81 Motion to Amend/Correct/Supplement ---- This is not a separate motion. This docket entry serves to correct docket entry 80, i.e. the proposed order contained in docket entry 80 is incorrect. Docket entry 81 contains the corrected proposed order. Ordered by Judge Dora Lizette Irizarry on 9/23/2010. (Irizarry, Dora) (Entered: 09/23/2010)
09/24/2010 82 MOTION to Amend/Correct/Supplement [Proposed] Order Attached to Docket No. 80 by Michael L. Metter. (Bessette, Paul) (Entered: 09/24/2010)
09/28/2010 83 Letter to Hon. Dora L. Irizarry from Gary S. Graifman by The Sullivan Lead Plaintiff Group (Attachments: # 1 Proposed Order) (Graifman, Gary) (Entered: 09/28/2010)
09/28/2010 Motions terminated, docketed incorrectly: 82 MOTION to Amend/Correct/Supplement [Proposed] Order Attached to Docket No. 80 filed by Michael L. Metter. (Irizarry, Dora) (Entered: 09/28/2010)
10/06/2010 84 Proposed Scheduling Order by The Sullivan Lead Plaintiff Group (Attachments: # 1 Letter from Gary S. Graifman to Judge Irizarry) (Graifman, Gary) (Entered: 10/06/2010)
10/13/2010 ORDER re 84 Proposed Scheduling Order filed by The Sullivan Lead Plaintiff Group -- The parties in this matter are hereby reminded that they are no longer litigating this matter in the Southern District of New York, and, as such, are required to adhere to my Individual Rules and Practices as to all matters pertaining to this litigation. Accordingly, the motion for a stay was inappropriately filed on September 20, 2010 as no premotion conference was requested of the court. However, rather than unduly delay the litigation of this matter at this juncture, the proposed briefing schedule agreed to by the parties is hereby approved, in part. Accordingly, plaintiffs' opposition shall be filed via ECF and served on or before October 27, 2010. Defendants' reply shall be due on November 19, 2010. The parties are reminded that they must provide hard courtesy copies of their submissions to chambers on the date of filing. The proposed briefing schedule also contains a "return date." There shall be no return date. The parties are reminded to adhere to the Federal Rules of Civil Procedure, the Local Rules of this Court and my Individual Rules and Practices. Submissions that are not in compliance will be summarily striken. SO ORDERED by Judge Dora Lizette Irizarry on 10/13/2010. (Irizarry, Dora) (Entered: 10/13/2010)
10/13/2010 Case Consolidated. Cases associated: Create association to 1:10-cv-04093-DLI -JMA. (Vaughn, Terry) (Entered: 10/13/2010)
10/13/2010 ORDER CONSOLIDATING CASES UNDER DOCKET NOS. 10-CV-4093 AND 10-CV-4104 Re (83 in 1:10-cv-04104-DLI -JMA) Letter filed by The Sullivan Lead Plaintiff Group, (57 in 1:10-cv-04093-DLI -JMA) Letter filed by The Sullivan Lead Plaintiff Group - The request to consolidate the two cases referenced above is granted. However, the parties are reminded that, as this case is no longer in the Southern District nor under the supervision of Judge Koeltl, his Individual Rules and Practices do not apply. The parties are directed to adhere to my Individual Rules and Practices and to the Local Rules of this District. As such, the plaintiffs are NOT granted leave to amend the complaint in lieu of answering defendants' motion to dismiss the complaints in these consolidated actions. Plaintiffs' opposition is due October 18, 2010. No agreed-upon date for defendants' reply was set forth in plaintiffs' September 17th letter. Accordingly, defendants' reply shall be due November 8, 2010. The parties are reminded that chambers is to be provided with hard courtesy copies of electronic filings and any submissions that do not comply with my Individual Rules and Practices will be rejected summarily. SO ORDERED by Judge Dora Lizette Irizarry on 10/13/2010. (Irizarry, Dora) (Entered: 10/13/2010)
10/18/2010 85 MEMORANDUM in Opposition re (71 in 1:10-cv-04104-DLI -JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Entered: 10/18/2010)
10/18/2010 86 AFFIDAVIT/DECLARATION in Opposition re (71 in 1:10-cv-04104-DLI -JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Part II of Declaration of Gary S. Graifman Exhibits 3-7, # 2 Certificate of Service) Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Entered: 10/18/2010)
10/18/2010 87 AFFIDAVIT/DECLARATION in Opposition re 70 First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss, 69 First MOTION to Dismiss
Declaration of Richard Porter in Support of Motion to Dismiss, 68 First MOTION to Dismiss Notice of Motion Gary S. Graifman filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 10/18/2010)
10/18/2010 88 MEMORANDUM in Opposition re (49 in 1:10-cv-04093-DLI -JMA) First MOTION to Dismiss Declaration of Richard B. Porter, (50 in 1:10-cv-04093-DLI -JMA) First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss, (48 in 1:10-cv-04093-DLI -JMA) First MOTION to Dismiss Consolidated Amended Class Action Complaint filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Entered: 10/18/2010)
10/27/2010 89 Letter from Gary S. Graifman to Judge Irizarry by The Sullivan Lead Plaintiff Group Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Entered: 10/27/2010)
10/28/2010 90 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Jesse Z. Weiss Filing fee $ 25, receipt number 0207-4435422. by Michael L. Metter. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Weiss, Jesse) (Entered: 10/28/2010)
10/28/2010 91 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for R. Adam Swick Filing fee $ 25, receipt number 0207-4435453. by Michael L. Metter. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Weiss, Jesse) (Entered: 10/28/2010)
11/01/2010 ORDER granting 90 Motion for Leave to Appear pro hac vice. Jesse Z. Weiss' application to pro hac vice is SO ORDERED. Ordered by Magistrate Judge Joan M. Azrack on 11/1/2010. (Docherty, Kerry) (Entered: 11/01/2010)
11/01/2010 ORDER granting 91 Motion for Leave to Appear: R. Adam Swick's application to pro hac vice is SO ORDERED. Ordered by Magistrate Judge Joan M. Azrack on 11/1/2010. (Docherty, Kerry) (Entered: 11/01/2010)
11/01/2010 ORDER re 89 Letter filed by The Sullivan Lead Plaintiff Group --- The proposed modification with respsect to defendant Metter's motion to stay is granted. Plaintiff's opposition is now due by November 3, 2010; defendant Metter's reply is now due by November 25,2010. So Ordered by Judge Dora Lizette Irizarry on 11/1/2010. (Irizarry, Dora) (Entered: 11/01/2010)
11/02/2010 92 Letter to Join Defendant Metter's Motion to Stay (Dkt. 78) by Steven Moskowitz (Bachner, Michael) (Entered: 11/02/2010)
11/03/2010 93 MEMORANDUM in Opposition to Metter's Motion for Stay filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 11/03/2010)
11/08/2010 94 MEMORANDUM in Support --REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANT FRANK LAZAUSKAS' MOTION TO DISMISS, filed by Frank Lazauskas. (Regan, William) (Entered: 11/08/2010)
11/08/2010 95 REPLY in Support of motion to dismiss filed by Jack Halperin. (Porter, Richard) (Entered: 11/08/2010)
11/17/2010 96 Letter Withdrawing Motion to Stay and Memorandum in Support [Docket Nos. 78 and 80] by Michael L. Metter (Bessette, Paul) (Entered: 11/17/2010)
11/24/2010 97 REPLY in Support re 78 MOTION to Stay filed by Steven Moskowitz. (Splittgerber, Scott) (Entered: 11/24/2010)
11/24/2010 98 NOTICE of Appearance by Scott James Splittgerber on behalf of Steven Moskowitz (aty to be noticed) (Splittgerber, Scott) (Entered: 11/24/2010)
06/08/2011 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) by The Sullivan Lead Plaintiff Group. (Attachments: # 1 [Proposed] Order Lifting PSLRA Stay, # 2 Certificate of Service) (Graifman, Gary) (Entered: 06/08/2011)
06/08/2011 100 MEMORANDUM in Support re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 06/08/2011)
06/08/2011 101 AFFIDAVIT/DECLARATION in Support re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 06/08/2011)
06/10/2011 102 STIPULATION and Order for Substitution of Counsel by Michael L. Metter (Fritz, Maranda) (Entered: 06/10/2011)
06/10/2011 103 AFFIDAVIT of Service for Stipulation and Order for Substitution of Counsel served on Phillip C. Kim, Corporation Counsel on 06/10/2011, filed by Michael L. Metter. (Fritz, Maranda) (Entered: 06/10/2011)
06/14/2011 ORDER re 102 Stipulation filed by Michael L. Metter - Attorney Maranda E. Fritz added as counsel to Michael L. Metter. Attorneys Paul Richard Bessette and Jesse Z. Weiss terminated as counsel to Michael L. Metter. So Ordered by Judge Dora Lizette Irizarry on 6/14/2011. (Irizarry, Dora) (Entered: 06/14/2011)
06/27/2011 104 MEMORANDUM in Opposition re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) filed by Michael L. Metter. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 06/27/2011)
06/27/2011 105 AFFIDAVIT/DECLARATION in Opposition re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) (Declaration of Richard B. Porter filed by Jack Halperin. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 06/27/2011)
06/27/2011 106 MEMORANDUM in Opposition re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain
Particularized Discovery) filed by Frank Lazauskas. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 06/27/2011)
06/27/2011 107 AFFIDAVIT/DECLARATION in Opposition re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) filed by Frank Lazauskas. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Entered: 06/27/2011)
06/27/2011 108 REPLY in Support re 99 MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery) MOTION for Discovery (Notice of Motion of Lead Plaintiffs to Lift PSLRA Stay and Obtain Particularized Discovery), MEMORANDUM in Support filed by The Sullivan Lead Plaintiff Group. (Graifman, Gary) (Entered: 06/27/2011)
06/29/2011 109 Letter Withdrawing Motion to Stay [Docket Nos. 78, 80, 92 and 97] by Steven Moskowitz (Bachner, Michael) (Entered: 06/29/2011)
08/15/2011 110 Letter for Extension of Time by Steven Moskowitz (Splittgerber, Scott) (Entered: 08/15/2011)
08/16/2011 ORDER re 110 Letter filed by Steven Moskowitz - Counsel for Steven Moskowitz erroneously filed this letter request under the INCORRECT DOCKET/CASE NUMBER. The request is in response to an order issued by the court in SEC v. Spongetech Delivery Systems, Inc., et al. DOCKET NO. 10-CV-2031. Counsel is hereby directed to file this request under the proper docket number. The court will not address it until that is done. Counsel is admonished to take greater care in his filings so as not to waste precious, scarce court time and resources. SO ORDERED by Judge Dora Lizette Irizarry on 8/16/2011. (Irizarry, Dora) (Entered: 08/16/2011)
03/29/2012 111 ORDER GRANTING Defendant Halperin's (48) Motion to Dismiss in case 1:10-cv-04093-DLI-JMA AND (68) Motion to Dismiss in case 1:10-cv-04104-DLI-JMA; AND GRANTING IN PART AND DENYING IN PART Defendant Lazauskas' (71 in 1:10-cv-04104-DLI-JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the motions to dismiss by Defendants Halperin and Lazauskas are decided as follows: Halperin's motion to dismiss the Third Claim of the Consolidated Amended Class Action Complaint ("Complaint") is granted without prejudice and with leave for plaintiffs to replead in accordance with the Court's Opinion. Halperin's motion to dismiss the Sixth Claim is granted with prejudice. Lazauskas's motion to dismiss the First and Second Claims is granted without prejudice and with leave for plaintiffs to replead. Finally, Lazauskas's motion to dismiss the Seventh Claim is denied. To sum up: The Sixth and Seventh Claims of the Complaint are dismissed with prejudice. Plaintiffs are granted leave to replead the First, Second and Third Claims, in accord with the Court's Opinion and Order, and the Amended Class Action Complaint must be filed NO LATER THAN APRIL 30, 2012. This action shall proceed under the pretrial supervision of U.S. Magistrate Judge Joan M. Azrack. SO ORDERED by Judge Dora Lizette Irizarry on 3/29/2012. (Irizarry, Dora) (Entered: 03/29/2012)
03/29/2012 ORDER in case 1:10-cv-04093-DLI-JMA; denying (99) Motion for Discovery in case 1:10-cv-04104-DLI-JMA -- The court has reviewed all submissions in
connection with this motion, which is denied for the same reason that the court has stayed discovery in the related matter brought by the Securities and Exchange Commission ("SEC") against the same defendants in this case. The U.S. Attorney for the Eastern District of NY is conducting a criminal prosecution and a continuing investigation into the defendants named in these consolidated class actions, the criminal matter (U.S. v. Metter, et. al., Dkt. # 10-cr-600) and the other related civil action, SEC v. Spongetech, et. al., all of which are pending before the undersigned. As such, this constitutes good cause for the stay of discovery in this case as well. Moreover, the criminal matter is soon to come to a conclusion and, therefore, the delay in discovery in this matter will not prejudice any of the parties. SO ORDERED by Judge Dora Lizette Irizarry on 3/29/2012. (Irizarry, Dora) (Entered: 03/29/2012)
04/30/2012 112 AMENDED COMPLAINT (Second Consolidated Amended Class Action Complaint) against All Defendants, filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service)Associated Cases: 1:10-cv-04093-DLI-JMA, 1:10-cv-04104-DLI-JMA (Graifman, Gary) (Entered: 04/30/2012)
05/01/2012 113 AMENDED COMPLAINT (Second Consolidated Amended Class Action Complaint with Certifications) against All Defendants, filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service)Associated Cases: 1:10-cv-04093-DLI-JMA, 1:10-cv-04104-DLI-JMA (Graifman, Gary) (Entered: 05/01/2012)
05/29/2012 114 STIPULATION And Proposed Order Extending Frank Lazauskas' Time To Answer The Second Consolidated And Amended Class Action Complaint Through And Including July 9, 2012; With Letter From William M. Regan To The Hon. Dora L. Irizarry Dated 5/29/12, Filed by Frank Lazauskas (Regan, William) (Entered: 05/29/2012)
05/31/2012 ORDER. Stipulation 114 is hereby SO ORDERED. Defendant Frank Lazauskas' time to answer or otherwise respond to the Second Consolidated and Amended Class Action Complaint is extended through and including July 9, 2012. Ordered by Magistrate Judge Joan M. Azrack on 5/31/2012. (Terranova, Robert) (Entered: 05/31/2012)
07/19/2012 115 NOTICE of Appearance by Steven J. Harfenist on behalf of Frank Lazauskas (aty to be noticed) (Harfenist, Steven) (Entered: 07/19/2012)
07/19/2012 116 NOTICE of Consent to Change Attorney by Steven J. Harfenist (Harfenist, Steven) (Entered: 07/19/2012)
07/23/2012 117 STIPULATION Extending Time to Answer Second Consolidated and Amended Class Action Complaint by Frank Lazauskas (Harfenist, Steven) (Entered: 07/23/2012)
08/13/2012 118 Letter Requesting page limit extension by The Sullivan Lead Plaintiff Group (Graifman, Gary) (Entered: 08/13/2012)
08/14/2012 ORDER GRANTING EXTENSION OF MOTION BRIEFING SCHEDULE RE: (72 in 1:10-cv-04093-DLI-JMA) Letter filed by The Sullivan Lead Plaintiff Group; AND DENYING REQUEST FOR LEAVE TO FILE EXCESS-PAGE BRIEF (118 in 1:10-cv-04104-DLI-JMA) Letter filed by The Sullivan Lead Plaintiff Group - On defendants' consent, plaintiffs' request for an extension of time to file their
opposition to the motion to dismiss the complaint (filed under docket #10-cv-4093 to August 13, 2012 is granted. The court notes, however, that the time to file has passed and no opposition papers have been filed. Instead, by letter dated August 13, 2012 and filed under docket # 10-cv-4104, plaintiffs belatedly seek leave to file a brief in excess of the court's 25-page limit. That request is denied. Defendant managed to make its motion within the 25-page limit. Plaintiffs should be able to respond within that limit as well and make more focused and pointed arguments. As plaintiffs have not filed their opposition papers and make this extremely late request for the filing of an over-sized brief, the court assumes that plaintiffs will need additional time to file their opposition to the motion. Accordingly, plaintiffs shall file their opposition papers NO LATER THAN AUGUST 20, 2012. Defendant's reply shall be due September 7, 2012. The parties are admonished to adhere to my Individual Rules and Practices. Do not assume that the court will be able to entertain belated applications for extensions of deadlines. If the court cannot respond on time due to counsel's failure to make timely applications, the original deadlines will remain in place. The court may not be so generous in the future. Filed documents that do not comply with my rules may be striken summarily. Moreover, The above-referenced cases have been consolidated. Accordingly, all filings are to be made under docket # 10-cv-4093 and note the correct docket number on all documents filed with the court including the initials of the assigned district and magistrate judges. SO ORDERED by Judge Dora Lizette Irizarry on 8/14/2012. (Irizarry, Dora) (Entered: 08/14/2012)
08/16/2012 ORDER. Stipulation 117 is hereby SO ORDERED. Defendant Frank Lazauskas' time to answer or otherwise respond to the Second Consolidated and Amended Class Action Complaint is extended through and including September 7, 2012. Ordered by Magistrate Judge Joan M. Azrack on 8/16/2012. (Terranova, Robert) (Entered: 08/16/2012)
09/07/2012 119 ANSWER to Complaint Second Consolidated Amended Complaint by Frank Lazauskas. (Harfenist, Steven) (Entered: 09/07/2012)
01/13/2015 Case Reassigned to Magistrate Judge Robert M. Levy. Magistrate Judge Joan M. Azrack no longer assigned to the case. (Marziliano, August) (Entered: 01/13/2015)
03/24/2017 120 ORDER granting (70) Motion to Dismiss in case 1:10-cv-04093-DLI-RML AS TO DEFENDANT HALPERIN ONLY --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendant Halperin's motion to dismiss the third claim in the second amended complaint is granted. Accordingly, said claim, which is the only claim brought against Mr. Halperin, is dismissed, with prejudice, and the Clerk of the Court is directed to terminate Mr. Halperin on the docket of the consolidated cases. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/24/2017. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Irizarry, Dora) (Entered: 03/24/2017)
03/24/2017 NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO PROSECUTE --- No action has been taken in these consolidated cases since September 2012 when defendant Frank Lazauskas answered the second amended complaint in the 10-cv-4104 action, and defendant Jack H. Halperin filed his reply in further support of his motion to dismiss the second amended complaint in the 10-cv-4093 action. No explanation or justification appears on the docket for the failure of the other defendants to file an answer or move to dismiss the second amended complaint, or
for plaintiffs' failure to pursue this action for nearly five years. Accordingly, the parties are hereby ORDERED to show cause NO LATER THAN APRIL 14, 2017 why this action should not be dismissed for failure to prosecute. Failure to comply with this Order will result in dismissal of this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/24/2017. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Irizarry, Dora) (Entered: 03/24/2017)
04/03/2017 121 DECLARATION re Order,,,, by Jeffrey P. Orlan(on behalf of all others similarly situated), Jeffrey P. Orlan(Individually) (Attachments: # 1 Affidavit of Service) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 04/03/2017)
04/20/2017 SCHEDULING ORDER: On March 24, 2017, the Court ordered the parties to show cause as to why these actions should not be dismissed for failure to prosecute (the "March 24 Order"). On April 3, 2017, Plaintiffs explained that, because discovery in the case had been stayed while related criminal and SEC enforcement actions proceeded, "no action could be engaged in with respect to any Scheduling Order and/or with respect to proceeding with any discovery in the case." Plaintiffs do not offer any explanation for failing to move to lift the stay in the years since the end of the criminal action. Plaintiffs propose that the Court hold a status conference with all parties to "to determine the direction of the current action." Despite having been directed to do so, none of the Defendants filed a response to the March 23 Order or to Plaintiffs' proposal to hold a status conference. Indeed, with the exception of Halperin, none of the Defendants have filed an answer to the complaint. Defendants have not explained their failure to do so and Plaintiffs have not explained their failure to move for entry of nation of default and for default judgment, none of which was dependent on discovery. Plaintiffs' request for a conference is granted. Accordingly, counsel for ALL PARTIES in these two related actions (10-cv-4093 and 10-cv-4104) are ORDERED to appear for a status conference on May 3, 2017 at 2:00 PM, in courtroom 4 A South. SO ORDERED by Chief Judge Dora Lizette Irizarry on 4/20/2017. (Carosella, Christy) (Entered: 04/20/2017)
04/27/2017 122 Letter re: status conference on May 3, 2017 at 2 p.m. by Schick Group Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Kim, Phillip) (Entered: 04/27/2017)
05/03/2017 Minute Entry for proceedings held before Chief Judge Dora Lizette Irizarry:Status Conference held on 5/3/2017. Appearances: Gary Graifman for Plaintiffs; Maranda Fritz, Michael Bachner, Scott Splittgerber, Steven Harfenist, and Roger Fidler for Defendants. For reasons stated, Court recommends parties submit letter to Magistrate Judge Levy to request conference to include SEC parties. (Court Reporter Georgette Betts.) (Carosella, Christy) (Entered: 05/03/2017)
05/08/2017 STATUS REPORT ORDER: A Joint Status Report as to the settlement and status of this case shall be filed by 05/12/17. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Marino, Janine) (Entered: 05/08/2017)
05/11/2017 123 Letter to Magistrate Judge Robert M. Levy Requesting a Conference by Randy Aldieri, Travis Knadle, Tony Mineruini, Jeffrey P. Orlan(on behalf of all others similarly situated), Jeffrey P. Orlan(Individually), Marc Pumerantz, Schick Group, Ken Schwab, The Sullivan Lead Plaintiff Group, Quang Le, Quang Le Associated
Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 05/11/2017)
05/12/2017 124 SCHEDULING ORDER: A telephone conference in the above-captioned cases have been scheduled for May 31, 2017 at 10:00 a.m., before the Honorable Robert M. Levy, USMJ at (718) 613-2340. Attorney, Gary S. Graifman is requested to initiate the telephone conference. Ordered by Magistrate Judge Robert M. Levy on 5/12/2017.Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML SEE ATTACHED ORDER. (Marino, Janine) (Entered: 05/12/2017)
05/12/2017 125 STATUS REPORT by Randy Aldieri, Travis Knadle, Quang Le(Individually), Quang Le(On behalf of all others similarly situated), Tony Mineruini, Jeffrey P. Orlan(Individually), Jeffrey P. Orlan(on behalf of all others similarly situated), Marc Pumerantz, Schick Group, Ken Schwab, The Sullivan Lead Plaintiff Group (Graifman, Gary) (Entered: 05/12/2017)
06/26/2017 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: All counsel present, including SEC. Next conference 7/10/17 at 1:30 (Courtroom 11B). SEC to file status report by 7/2/17 and to be available by telephone. Settlement/Status Conference held on 5/31/2017 (Tape #10:06-10:40.) (Goldman, Jared) (Entered: 06/26/2017)
07/10/2017 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Paul Kisslinger, SEC; Gary S. Graifman, shareholder plaintiffs; Andrew C. Lang, for Frank Lazauskas; Scott Splittgerber, for Steven Moskowitz; Miranda Fritz, for Michael Metter. Settlement discussions held. Mr. Kisslinger will provide a report from the SEC by 7/25/17. Counsel shall file settlement status reports for their respective clients by 8/10/17. If confidential, the reports may be faxed to chambers.Settlement Conference held on 7/10/2017 (Levy, Robert) (Entered: 07/10/2017)
07/10/2017 STATUS REPORT ORDER Settlement Status Reports due by 8/10/2017.Ordered by Magistrate Judge Robert M. Levy on 7/10/2017. (Levy, Robert) (Entered: 07/10/2017)
08/10/2017 126 STATUS REPORT by Steven Moskowitz Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Splittgerber, Scott) (Entered: 08/10/2017)
08/10/2017 127 STATUS REPORT by John Delladonna Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Fidler, Roger) (Entered: 08/10/2017)
09/19/2017 128 NOTICE of Appearance by Michael F. Bachner on behalf of Steven Moskowitz (aty to be noticed) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Bachner, Michael) (Entered: 09/19/2017)
10/06/2017 STATUS REPORT ORDER re (84 in 1:10-cv-04093-DLI-RML) In a Status Report filed on 8/10/17, Roger Fidler, counsel for Joel Pensley, advised the Court that a settlement had been reached to resolve the claims against Joel Pensleyand John Della Donna and that a Stipulation of Dismissal was expected to be signed and filed on or before August 18, 2017. Nearly two months have now elapsed, and no Stipulation of Dismissal has been filed. A Status Report shall be filed by 10/11/17 explaining whether these claims have settled and, if so, attaching a Stipulation of dismissal. Ordered by Magistrate Judge Robert M. Levy on 10/6/2017. Associated
Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Levy, Robert) (Entered: 10/06/2017)
10/10/2017 129 STATUS REPORT by The Sullivan Lead Plaintiff Group (Attachments: # 1 Exhibit A - Stipulation of Dismissal without Prejudice, # 2 Affidavit of Service) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 10/10/2017)
12/04/2017 130 STIPULATION OF DISMISSAL WITHOUT PREJUDICE, STIPULATED AND AGREED by and between Defendants Joel Pensley and John Della Donna and lead plaintiffs in the above- captioned actions under Case No.'s 1 :10-cv-4093(DLI) and 1:10-cv-4104(DLI) by their respective counsel as follows: 1. The claims asserted in the Action against Joel Pensley and John Della Donna are hereby dismissed without prejudice. See attached Order for details. Party John Della Donna and Joel Pensley terminated. So Ordered by Chief Judge Dora Lizette Irizarry on 12/4/2017. Returned to chambers. (Layne, Monique) (Entered: 12/04/2017)
12/12/2017 SCHEDULING ORDER: A telephone status conference has been scheduled for January 4, 2018 at 4:00 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Plaintiff's counsel is directed to initiate the conference call and confirm with defendants' counsel that all necessary participants are aware of the date and time of scheduled telephone conference. Ordered by Magistrate Judge Robert M. Levy on 12/12/2017. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Marino, Janine) (Entered: 12/12/2017)
01/04/2018 131 MOTION to Withdraw as Attorney by Steven Moskowitz. (Attachments: # 1 Declaration of Michael F. Bachner, Esq., # 2 Proposed Order and Stipulation) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Weiner, Howard) (Entered: 01/04/2018)
01/05/2018 132 Supplemental MOTION to Withdraw as Attorney by Steven Moskowitz. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Weiner, Howard) (Entered: 01/05/2018)
01/05/2018 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Gary Graifman, Steve Harfenist, Howard Wiener. (1) This case is referred to the EDNY Mediation Panel. Counsel shall identify and request any documents needed for the mediation by 1/12/18. (2) Brief discussion of Mr. Wiener's unopposed motion to withdraw as counsel for Mr. Moskowitz. Mr. Wiener will advise by 1/12/18 whether he will defer withdrawal until after the mediation. Hearing held on 1/4/2018 re (92 in 1:10-cv-04093-DLI-RML, 132 in 1:10-cv-04104-DLI-RML) Supplemental MOTION to Withdraw as Attorney filed by Steven Moskowitz, (131 in 1:10-cv-04104-DLI-RML, 91 in 1:10-cv-04093-DLI-RML) MOTION to Withdraw as Attorney filed by Steven Moskowitz, Status Conference held on 1/4/2018 (Levy, Robert) (Entered: 01/05/2018)
01/05/2018 ORDER REFERRING CASE to Mediation. Mediation shall be completed by 3/12/18.Selection of Mediator due by 1/25/2018. Ordered by Magistrate Judge Robert M. Levy on 1/5/2018. (Levy, Robert) (Entered: 01/05/2018)
01/08/2018 MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.
Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to [email protected]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at [email protected] within two weeks following mediation session. (Weinstein, Robyn) (Entered: 01/08/2018)
01/18/2018 ORDER granting 132 Motion to Withdraw as Attorney. Attorney Michael F. Bachner terminated. Ordered by Magistrate Judge Robert M. Levy on 1/18/2018. (Marino, Janine) (Entered: 01/18/2018)
02/26/2018 SELECTION OF MEDIATOR Usher T. Winslett selected as Mediator. The first mediation session will take place on a April 18, 2018 by the parties. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, [email protected] or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at [email protected] within two weeks following mediation session.Report of Mediation due by 3/30/2018. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Weinstein, Robyn) Modified on 5/10/2018 (Weinstein, Robyn). (Entered: 02/26/2018)
03/12/2018 133 Letter MOTION to Continue Deadline to Complete Mediation Currently Scheduled For April 18, 2018, Request to Magistrate Levy, by The Sullivan Lead Plaintiff Group. (Graifman, Gary) (Entered: 03/12/2018)
03/14/2018 ORDER granting 133 Motion to Extend Time to 4/30/18 to Complete Mediation. Ordered by Magistrate Judge Robert M. Levy on 3/14/2018. (Levy, Robert) (Entered: 03/14/2018)
04/10/2018 ORDER terminating 131 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Robert M. Levy on 4/10/2018. (Marino, Janine) (Entered: 04/10/2018)
05/10/2018 STATUS REPORT ORDER: Status Report due by 5/24/2018. Ordered by Magistrate Judge Robert M. Levy on 5/10/2018. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Marino, Janine) (Entered: 05/10/2018)
05/24/2018 134 STATUS REPORT to Magistrate Levy Filed by by Patrick Sullivan, Dennis S. Fogell Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 05/24/2018)
06/09/2018 STATUS REPORT ORDER Status Report due by 6/29/2018.Ordered by Magistrate Judge Robert M. Levy on 6/9/2018. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Levy, Robert) (Entered: 06/09/2018)
06/29/2018 135 STATUS REPORT from Plaintiffs' Counsel to Magistrate Judge Robert M. Levy by Dennis S. Fogell, Patrick Sullivan Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 06/29/2018)
07/13/2018 JOINT STATUS REPORT ORDER. Defendants' counsel did not file a status report on 6/29/18, as directed. Status Report due by 7/20/2018.Ordered by Magistrate Judge Robert M. Levy on 7/13/2018. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Levy, Robert) (Entered: 07/13/2018)
08/29/2018 ORDER TO SHOW CAUSE -- Show Cause Response due by 9/10/2018 -- This matter long ago had been ordered to mediation. While plaintiffs' counsel filed a status report on 6/29/18 as directed by the magistrate judge, defendants' counsel did not. Notably, plaintiffs' letter did not enlighten the Court in any significant way as to whether the parties were close to resolving this case. As a result of defense counsel's non-compliance, on 7/13/18, the magistrate judge directed defendants' counsel to file a status report by 7/20/18. To date, none has been filed. Indeed, it appears that neither plaintiffs nor defendants have taken any steps to move this case toward resolution. The criminal matter, Case No. 10-cr-600, and the SEC matter, Case No. 10-cv-2031, have been terminated and it appears that none of the defendant companies have any assets that can be attached or collected. The Court takes a dim view of the utter disregard for and failure to comply with Court orders. Accordingly, the parties are JOINTLY directed to SHOW CAUSE NO LATER THAN SEPTEMBER 10, 2018, why this case should not be dismissed for failure to prosecute and why counsel should not be sanctioned for failure to comply with Court orders. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITH PREJUDICE AND A SANCTION OF $50 PER DAY FOR FAILURE TO RESPOND TO THE ORDER TO SHOW CAUSE WILL BE IMPOSED. SO ORDERED by Chief Judge Dora Lizette Irizarry on 8/29/2018. (Irizarry, Dora) (Entered: 08/29/2018)
09/10/2018 136 DECLARATION of Gary S. Graifman in Response to Show Cause and Request for A Conference by Dennis S. Fogell, Jeffrey P. Orlan(Individually), Jeffrey P. Orlan(on behalf of all others similarly situated), The Sullivan Lead Plaintiff Group, Quang Le, Quang Le, Patrick Sullivan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Affidavit of Service) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 09/10/2018)
09/10/2018 137 DECLARATION of Maranda E. Fritz in Response to Order to Show Cause by Michael L. Metter Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Fritz, Maranda) (Entered: 09/10/2018)
04/10/2019 SCHEDULING ORDER: A conference on the status of settlement will be held on May 8, 2019 at 2:30 PM in Courtroom 4B South. So Ordered by Chief Judge Dora Lizette Irizarry on 4/10/2019. (Carosella, Christy) (Entered: 04/10/2019)
04/30/2019 138 STIPULATION of Settlement by Dennis S. Fogell, Patrick Sullivan (Graifman, Gary) (Entered: 04/30/2019)
05/01/2019 139 Letter to Judge Levy by Patrick Sullivan, Dennis S. Fogell Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 05/01/2019)
05/03/2019 140 Letter to Judge Irizarry by Dennis S. Fogell, Patrick Sullivan (Attachments: # 1 Stipulation of Settlement and Release, # 2 Judgment, # 3 Letter to Judge Levy) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 05/03/2019)
05/06/2019 SCHEDULING ORDER: A telephone conference has been scheduled for 5/7/2019 at 03:00 PM before Magistrate Judge Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 5/6/2019. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Marino, Janine) (Entered: 05/06/2019)
05/07/2019 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Gary Graifman; Steven Moskowitz, pro se. (1) Plaintiffs have settled with all remaining defendants except Mr. Moskowitz. (2) Settlement with Mr. Moskowitz depends on a review of documents relating to Mr. Moskowitz. On consent, Mr. Moskowitz will sign an authorization for his federal tax returns from 2006 through 2018. Mr. Graifman will continue his efforts to obtain from AUSA Nathan Reilly certain trust and other documents that Mr. Moskowitz states he does not have, but that the govt has been withholding because of an ongoing investigation. (3) Next conference 7/11/19 at 2:00 (tel)(settlement). Settlement/Status Conference held on 5/7/2019 Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Levy, Robert) (Entered: 05/07/2019)
05/08/2019 Minute Entry for proceedings held before Chief Judge Dora Lizette Irizarry: Status Conference re Settlement held on 5/8/2019. Appearances: Gary Graifman for Sullivan, Orlan, and Fogell Plaintiffs; defendant Steven Moskowitz, pro se. Order to show cause entered as to counsel for Plaintiffs (except for Mr. Graifman), counsel for defendant Metter, and counsel for defendant Lazauskas as to why they should not be sanctioned for their failure to appear at this conference; this Order to Show Cause is returnable on or before May 20, 2019. The Court notes that the settlement with respect to defendant Metter has not yet been authorized, thus counsel was not excused from appearing at this conference. No stipulation of discontinuance or dismissal has been filed with respect to defendant Lazauskas, thus counsel was not excused from appearing at this conference. Court notes that permission must obtained from the Court in advance of filing any redacted documents. Requests to file documents under seal must be made in compliance with this Court's rules and procedures. Counsel shall file a stipulation of discontinuance/dismissal as to
defendant Lazauskas on or before May 15, 2019. Court notes that the proposed judgment, see docket entry 140-2, requires the Court's signature, as opposed to the Clerk of Court. Counsel shall refile the proposed judgment accordingly. Hard courtesy copies of all filings, including the proposed judgment and the Metter settlement papers, redacted and unredacted, must be provided to chambers. Counsel shall confer with courtroom deputy as to how to submit unredacted documents for filing. Court directs the government to provide all documentation with respect to Moskowitz by May 28, 2019; Court recommends Mr. Graifman confer with AUSA Reilly about this. Status Report to Chief Judge Irizarry due by June 18, 2019. Mr. Moskowitz directed to Clerk's office in order to receive electronic notifications in this matter.(Court Reporter Victoria Butler.) (Carosella, Christy) (Entered: 05/08/2019)
05/08/2019 ORDER TO SHOW CAUSE as to counsel for Plaintiffs (except for Mr. Graifman), counsel for defendant Metter, and counsel for defendant Lazauskas as to why they should not be sanctioned for their failure to appear at the status conference re settlement held on this date. This Order to Show Cause is returnable on or before May 20, 2019. So Ordered by Chief Judge Dora Lizette Irizarry on 5/8/2019. (Carosella, Christy) (Entered: 05/08/2019)
05/09/2019 141 Pro Se Consent to Electronic Notification by Steven Moskowitz. (Layne, Monique) (Entered: 05/09/2019)
05/09/2019 Email Notification Test - DO NOT REPLY. (Layne, Monique) (Entered: 05/09/2019)
05/13/2019 142 STIPULATION of Dismissal by Frank Lazauskas (Harfenist, Steven) (Entered: 05/13/2019)
05/14/2019 Order Dismissing Party Frank Lazauskas per 142 . So Ordered by Chief Judge Dora Lizette Irizarry on 5/14/2019. (Carosella, Christy) (Entered: 05/14/2019)
05/15/2019 143 RESPONSE TO ORDER TO SHOW CAUSE by Randy Aldieri, Travis Knadle, Tony Mineruini, Marc Pumerantz, Ken Schwab (Federman, William) (Entered: 05/15/2019)
05/16/2019 144 NOTICE by Randy Aldieri, Travis Knadle, Tony Mineruini, Marc Pumerantz, Ken Schwab re 143 Response to Order to Show Cause [Federman & Sherwood's Supplement to Response to Show Cause Order] (Federman, William) (Entered: 05/16/2019)
05/16/2019 145 RESPONSE TO ORDER TO SHOW CAUSE by Frank Lazauskas (Harfenist, Steven) (Entered: 05/16/2019)
05/17/2019 146 RESPONSE TO ORDER TO SHOW CAUSE by Michael L. Metter (Fritz, Maranda) (Entered: 05/17/2019)
05/20/2019 147 Letter in response to Order to Show Cause by Schick Group (Kim, Phillip) (Entered: 05/20/2019)
05/29/2019 148 Letter to Judge Irizarry by Dennis S. Fogell, Patrick Sullivan (Attachments: # 1 Proposed Judgment Judgment, # 2 Stipulation of Settlement and Release) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 05/29/2019)
07/11/2019 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: (1)The Metter Stipulation and Judgment have been completed and are ready for Judge Irizarry's signature. (2) Mr. Graifman will advise at the next conference, after receiving Mr. Moskowitz's tax returns and taking his deposition, whether he will proceed with further litigation against Mr. Moskowitz. (3) Next conference 10/2/19 at 3:00 (tel)(settlement)(Only the parties to the Moskowitz claims need appear.)Settlement Conference held on 7/11/2019 Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Levy, Robert) (Entered: 07/11/2019)
09/18/2019 SCHEDULING ORDER: The telephone conference scheduled for 10/2/2019 at 3:00 PM before Magistrate Judge Robert M. Levy has been moved to 11:30 a.m., on the same date. Ordered by Magistrate Judge Robert M. Levy on 9/18/2019. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Marino, Janine) (Modified on 9/27/2019 to clarify that the conference is scheduled for 10/2/19 and not 9/27/19). (Ferrara, Alicia). (Entered: 09/18/2019)
09/24/2019 149 Letter to Judge Levy from Gary S. Graifman by Dennis S. Fogell, Jeffrey P. Orlan(Individually), Jeffrey P. Orlan(on behalf of all others similarly situated), The Sullivan Lead Plaintiff Group, Quang Le, Quang Le, Patrick Sullivan (Attachments: # 1 Exhibit IRS Documents) Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Graifman, Gary) (Entered: 09/24/2019)
09/30/2019 150 Stipulation Of Settlement And Release, STIPULATED AND AGREED, Metter agrees for settlement of the within action and in return for dismissal thereof to agree to entry of a judgment of One-Million ($1,000,000.00) Dollars. The parties acknowledge that there is currently a SEC senior judgment of disgorgement in place in the sum of $52 million and a civil penalty of $6,133,540. [SEC Action, Dkt. Entry 254-2 and 351] (the "SEC Judgment"). Plaintiffs agree that they will not seek to enforce this judgment against Metter on behalf of themselves or any class they may seek to represent until the earlier of (i) the SEC Judgment is fully satisfied, or (ii) ten (10) years from the date of entry of the Judgment to be entered herein. Plaintiffs may renew the Judgment at or prior to the expiriation of the ten (10) years. So Ordered by Chief Judge Dora Lizette Irizarry on 9/26/2019. (Layne, Monique) (Entered: 09/30/2019)
09/30/2019 151 JUDGMENT, that Plaintiffs Patrick Sullivan, Dennis J. Fogell and Lisa Fogell, shall be entitled to enter judgment against Defendant, MICHAEL METTER, in the sum of One Million Dollars ($1,000,000.00), together with statutory interest from the date of entry, and Plaintiffs shall be entitled to assign such judgment to a class in the event a class is certified by the Court in the within action. ORDERED, that the Stipulation of Settlement and Release dated December 5th, 2018 is incorporated herein by reference. It is further Ordered that the Clerk of the Court shall terminate the defendant, Michael Metter, on both dockets and make the appropriate notation. Ordered by Chief Judge Dora Lizette Irizarry on 9/26/2019. (Layne, Monique) (Entered: 09/30/2019)
10/02/2019 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Gary Graifman; Steven Moskowitz, pro se. The IRS has still not provided Mr. Moskowitz's tax returns. Mr. Graifman will overnight a subpoena for the court to so order. Next conference 12/10/19 at 11:30 (tel)(settlement/status).Status Conference held on 10/2/2019 Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Levy, Robert) (Entered: 10/02/2019)
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