Securities & Exchange Commission v. Platinum Management (NY) LLC, et al.

Platinum Receivership


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United States District Court
Southern District of New York
Trott et al v. Platinum Management (NY) LLC et al
Case No. 1:18-cv-10936-JSR


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 801-848

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Date Court Document Number Description
06/26/2019 410 STIPULATION AND ORDER EXTENDING TIME TO ANSWER COMPLAINT, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that the time within which Defendant Huberfeld Family Foundation, Inc. may answer the Second Amended Complaint (ECF Doc. No. 285) is hereby extended from July 5, 2019 up to and including July 12, 2019. No provision of this Stipulation and Order shall be construed as a waiver of any party's claims or defenses and each party expressly reserves all of the same. There has been no previous request for an extension of Huberfeld Family Foundation, Inc.'s time to answer the Second Amended Complaint. SO ORDERED. Huberfeld Family Foundation answer due 7/12/2019. (Signed by Judge Jed S. Rakoff on 6/26/2019) (kv) (Entered: 06/26/2019)
06/25/2019 409 PROPOSED STIPULATION AND ORDER. Document filed by Huberfeld Family Foundation. (Chase, Donald) (Entered: 06/25/2019)
06/21/2019 408 OPINION AND ORDER re: (278 in 1:18-cv-06658-JSR) MOTION for Joinder;, (323 in 1:18-cv-10936-JSR) MOTION for Joinder; (284 in 1:18-cv-06658-JSR) MOTION to Dismiss; (276 in 1:18-cv-06658-JSR) MOTION to Dismiss; (378 in 1:18-cv-10936-JSR) MOTION to Dismiss; (259 in 1:18-cv-06658-JSR) MOTION to Dismiss; (329 in 1:18-cv-10936-JSR) FIRST MOTION to Dismiss; (321 in 1:18-cv-10936-JSR) MOTION to Dismiss; (257 in 1:18-cv-06658-JSR) MOTION to Dismiss; (299 in 1:18-cv-10936-JSR) MOTION to Dismiss; (383 in 1:18-cv-06658-JSR) MOTION to Dismiss; (373 in 1:18-cv-10936-JSR) MOTION to Dismiss; (262 in 1:18-cv-06658-JSR) MOTION to Dismiss; (357 in 1:18-cv-10936-JSR) MOTION to Dismiss; (333 in 1:18-cv-06658-JSR) MOTION to Dismiss; (304 in 1:18-cv-10936-JSR) MOTION to Dismiss; (308 in 1:18-cv-10936-JSR) MOTION to Dismiss: For the reasons below, the Court resolves defendants' motions as follows: The Beechwood Parties: The SAC is dismissed in its entirety as to Illumin. As to all other Beechwood Parties, the Fourteenth Count (unjust enrichment), Sixteenth Count (civil conspiracy), and Seventeenth Count (civil RICO) are dismissed. In addition, the Seventh Count (aiding and abetting breach of fiduciary duties) and Eighth Count (aiding and abetting fraud) are dismissed as to BRILLC, BRE Holdings, BRE, and BBIL. The Beechwood Parties' motion is otherwise denied. Bodner and Huberfeld: The Fourteenth and Seventeenth Counts are dismissed. The motions are otherwise denied. Nordlicht and Cassidy: The motion is denied in its entirety. Gerszberg: The Fourteenth Count is dismissed in part, as specified below. The motion is otherwise denied. HFF: The Twenty-Second Count (alter ego) is dismissed. The motion is otherwise denied. Katz: The motion is granted, and the SAC is dismissed in its entirety as to Katz. Landesman: The motion is granted, and the Seventeenth Count is dismissed. PBIHL: The motion is granted, and the SAC is dismissed in its entirety as to PBIHL. Saks: The First Count (breach of fiduciary duty), Second Count (same), Third Count (aiding and abetting breach of fiduciary duties), Fourth Count (fraud), Fifth Count (constructive fraud), Sixth Count (aiding and abetting fraud), Fourteenth Count, Sixteenth Count, and Seventeenth Count are dismissed. The motion is otherwise denied. This Opinion disposes of the second round of motions to dismiss in Trott et al. v. Platinum Management (NY) LLC et al., 18-cv-10936. The Clerk is directed to close the following entries on the Trott docket: 299, 304, 308, 321, 323, 329, 357, 373, and 378. The Clerk is also directed to close the following entries on the master docket, 18-cv-6658: 257, 259, 262, 276, 278, 284, 333, and 383. (Signed by Judge Jed S. Rakoff on 6/21/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/21/2019)
06/18/2019 407 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Manela's time to respond to the 3d Party Compl. should be the same as the E.D.N.Y. Defendants Mark Nordlicht, David Levy, and Joseph Sanfilippo. Accordingly, it is agreed that the deadline for Manela to answer or move to dismiss the 3d Party Compl. is extended until two weeks following completion of the trial pending in the Eastern District of New York against defendants Mark Nordlicht, David Levy, and Joseph Sanfilippo. IT IS FURTHER STIPULATED AND AGREED, that no provision of this Stipulation and Order shall be construed as a waiver of any party's claims or defenses, which each party reserves. (Signed by Judge Jed S. Rakoff on 6/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/18/2019)
06/18/2019 406 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs Martin Trott and Christopher Smith, as Joint Official Liquidators and Foreign Representatives of Platinum Partners Value Arbitrage Fund LP. (in Official Liquidation) and Platinum Partners Value Arbitrage Fund LP. (in Official Liquidation), by and through undersigned counsel, hereby give notice that the above-captioned actions are dismissed with prejudice as to the Defendants listed below only, none of whom have appeared in the case, with each party to bear its own fees and costs related to the actions: i. Olive Tree Holdings, LLC; ii. MN Consulting NY LLC; iii. Mind Body & Soul Co., Ltd.; iv. Estate of Marcos Katz; v. Adela Katz; and vi. Golda Wilk. (The Estate of Marcos Katz terminated.) (Signed by Judge Jed S. Rakoff on 6/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/18/2019)
06/18/2019 405 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs Martin Trott and Christopher Smith, as Joint Official Liquidators and Foreign Representatives of Platinum Partners Value Arbitrage Fund L.P. (in Official Liquidation) and Platinum Partners Value Arbitrage Fund L.P. (in Official Liquidation), by and through undersigned counsel, hereby give notice that the above-captioned actions are dismissed with prejudice only as to the Defendants listed below, each party to bear its own fees and costs related to the actions, as further set forth in this order. (Estate of Gertrude Englander, Estate of Jules Nordlicht, Estate of Solomon Englander, FCBA Trust, Morris Fuchs, GRD Estates Ltd., David Gichtin, Ora Gichtin, Abraham C. Grossman, Adela Katz, MN Consulting NY LLC, Meadows Capital LLC, Leon Meyers, Mind, Body and Soul Co. Limited, Barbara Nordlicht, Olive Tree Holdings, LLC, Aaron Parnes, Sarah Parnes, Rockwell Fulton Capital, L.P., Shmuel Fuchs Foundation, The Estate of Marcos Katz, Solomon Werdiger, Golda Wilk, and Ditmars Park Capital L.P. terminated.) (Signed by Judge Jed S. Rakoff on 6/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/18/2019)
06/18/2019 404 ORDER FOR ADMISSION PRO HAC VICE in case 1:18-cv-06658-JSR; granting (258) Motion for Stewart J. Kong to Appear Pro Hac Vice in case 1:18-cv-12018-JSR. (Signed by Judge Jed S. Rakoff on 6/15/2019) (jwh) (Entered 06/18/2019)
06/14/2019 403 PROPOSED STIPULATION AND ORDER. Document filed by Naftali Manela. (Haran, Sean) (Entered: 06/14/2019)
06/13/2019 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [402] Notice of Voluntary Dismissal was reviewed and referred to Judge Jed S. Rakoff for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (Entered 06/13/2019)
06/13/2019 402 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Adela Katz, MN Consulting NY LLC, Mind, Body and Soul Co. Limited, Olive Tree Holdings, LLC, The Estate of Marcos Katz, Golda Wilk. Document filed by Martin Trott, Christopher Smith, Platinum Partners Value Arbitrage Fund L.P.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Gluck, Warren)
06/10/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Warren Gluck. RE-FILE Document No. (401 in 1:18-cv-10936-JSR, 432 in 1:18-cv-06658-JSR) Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): The document should have been filed as a Stipulation of Voluntary Dismissal. All parties who have appeared must sign the stipulation using wet signatures.. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(ad) (Entered 06/11/2019)
06/10/2019 401 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Ditmars Park Capital L.P., Estate of Gertrude Englander, Estate of Jules Nordlicht, Estate of Solomon Englander, FCBA Trust, Morris Fuchs, GRD Estates Ltd., David Gichtin, Ora Gichtin, Abraham C. Grossman, Adela Katz, MN Consulting NY LLC, Meadows Capital LLC, Mind, Body and Soul Co. Limited, Leon Myers, Barbara Nordlicht, Olive Tree Holdings, LLC, Aaron Parnes, Sarah Parnes, Rockwell Fulton Capital, L.P., Shmuel Fuchs Foundation, The Estate of Marcos Katz, Solomon Werdiger, Golda Wilk. Document filed by Martin Trott, Christopher Smith, Platinum Partners Value Arbitrage Fund L.P.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gluck, Warren) (Entered 06/10/2019)