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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Date Court Document Number Description
08/09/2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [450] AMENDED MOTION for Andrew M. Williamson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered 08/09/2019)
08/09/2019 450 AMENDED MOTION for Andrew M. Williamson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Ottensoser. (Attachments: # (1) Affidavit In Support of PHV, # (2) [Proposed] Order, # (3) Certificate of Good Standing (DC), # (4) Certificate of Good Standing (MD), # (5) Certificate of Good Standing (VA), # (6) Certificate of Good Standing (WVA))(Williamson, Andrew) (Entered 08/09/2019)
08/07/2019 449 MOTION for Leah Ariel Mintz to Appear Pro Hac Vice on behalf of Estate of Uri Landesman. Filing fee $ 200.00, receipt number NYSDC-17390219. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Estate of Uri Landesman. (Attachments: # (1) Affidavit of Leah A. Mintz, # (2) Certificate of Good Standing (PA), # (3) Certificate of Good Standing (NJ), # (4) Proposed Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Mintz, Leah) (Entered 08/07/2019)
08/05/2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/5/2019. (Kotowski, Linda) (Entered 08/06/2019)
08/02/2019 448 ANSWER to [432] Counterclaim. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott.(Gluck, Warren) (Entered 08/02/2019)
08/02/2019 447 ANSWER to [431] Counterclaim. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott.(Gluck, Warren) (Entered 08/02/2019)
08/02/2019 446 REPLY MEMORANDUM OF LAW in Support re: [427] MOTION for Reconsideration re; [408] Memorandum & Opinion,,,,,,,,,,, . . Document filed by Seth Gerszberg. (Ostrove, Elliot) (Entered 08/02/2019)
08/01/2019 445 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE granting (513) Motion to Withdraw as Attorney in case 1:18-cv-06658-JSR; granting (412) Motion to Withdraw as Attorney. in case 1:18-cv-10936-JSR: ORDERED that the Motion is GRANTED. The Clerk of the Court is directed to relieve Ms. Gumpper as counsel for Bodner, remove her appearance from the docket, and remove her name from the ECF distribution list. (Signed by Judge Jed S. Rakoff on 7/31/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (jwh) (Entered 08/01/2019)
07/30/2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [444] MOTION for Andrew M. Williamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17332503. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia and West Virginia. We do not except them from a state bar association.; Attorney Affidavit/Declaration is missing per local rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (bcu) (Entered 07/30/2019)
07/29/2019 444 MOTION for Andrew M. Williamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17332503. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Ottensoser. (Attachments: # (1) [Proposed] Order, # (2) Certificate of Good Standing (DC), # (3) Certificate of Good Standing (MD), # (4) Certificate of Good Standing (VA), # (5) Certificate of Good Standing (WVA))(Williamson, Andrew) (Entered 07/29/2019)
07/26/2019 443 MEMORANDUM OF LAW in Opposition re: (427 in 1:18-cv-10936-JSR) MOTION for Reconsideration re; (408) Memorandum & Opinion,,,,,,,,,,, . . Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gluck, Warren) (Entered 07/26/2019)
07/26/2019 442 NOTICE of Entry of Order of U.S. Bankruptcy Court Pursuant to 11 USC 1504, 1517 and 1520 Recognizing Foreign Representative and Foreign Main Proceeding of Beechwood Re. Document filed by Beechwood Re Ltd.. (Attachments: # (1) Exhibit Recognition Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Jureller, John) (Entered 07/26/2019)
07/25/2019 441 CLERK'S CERTIFICATE OF DEFAULT as to Ezra Beren. (km) (Entered 07/25/2019)
07/24/2019 440 DECLARATION of Warren E. Gluck in Support re: (439 in 1:18-cv-10936-JSR) Proposed Clerk's Certificate of Default,. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gluck, Warren) (Entered 07/24/2019)
07/24/2019 439 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Gluck, Warren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (Entered 07/24/2019)
07/22/2019 Set/Reset Deadlines: Joseph Sanfilippo answer due 8/16/2019. (jwh) (Entered 07/22/2019)
07/22/2019 438 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 Joseph SanFilippo may answer the Second Amended Complaint (ECF Doc. No. 285) is hereby extended up to and including August 16, 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 any and all of the same. (Signed by Judge Jed S. Rakoff on 7/19/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 07/22/2019)
07/19/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Warren Gluck. RE-FILE Document No. (436 in 1:18-cv-10936-JSR) Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not cite the service of the Complaint, and 1st and 2nd amended complaints; Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the Complaint, 1st and 2nd amended complaints in 18cv10936. and the 2nd amended complaint in the 18cv6658. Follow the format of the Clerk's Certificate on our website, then add in after the information of the complaint, then a 1st Amended Complaint having been filed on January 25, 2019, and served on Ezra Beren, by personally serving Jane Doe and proof of service was therefore filed on February 20, 2019, then add in the same information for the second amended complaint (After the consolidation, etc., etc., paragraph 2 of you proposed Clerk's Certificate., After Re-filing the Clerk's Certificate only, then separately file the Declaration as a Declaration in Support of a Non-Motion under Other Answers. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(dt) (Entered 07/19/2019)
07/18/2019 437 DECLARATION of Warren E. Gluck in Support re: (436 in 1:18-cv-10936-JSR) Proposed Clerk's Certificate of Default,. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Attachments: # (1) Proposed Clerk's Certificate of Default)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gluck, Warren) (Entered 07/18/19)
07/18/2019 436 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Attachments: # (1) Proposed Clerk's Certificate of Default) (Gluck, Warren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).(Entered 07/18/19)
07/18/2019 435 PROPOSED STIPULATION AND ORDER. Document filed by Joseph Sanfilippo. (Jaskot, Katherine) (Entered 07/18/2019)
07/15/2019 434 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,,,,. Ezra Beren served on 6/25/2019, answer due 7/16/2019. Service was accepted by Jane Doe, co-occupant. Service was made by By-Hand and By-Mail. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gluck, Warren) (Entered: 07/15/2019)
07/12/2019 433 ANSWER to 285 Amended Complaint,,,,,,,,,, with JURY DEMAND. Document filed by B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, Beechwood Bermuda International Ltd., Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC, Beechwood Re Ltd., Moshe M. Feuer, Dhruv Narain, Scott Taylor.(Lipsius, Ira) (Entered: 07/12/2019)
07/12/2019 432 ANSWER to 285 Amended Complaint,,,,,,,,,,., COUNTERCLAIM against Platinum Partners Value Arbitrage Fund L.P. ((In Official Liquidation) ). Document filed by Murray Huberfeld.(Daniels, Jeffrey) (Entered: 07/12/2019)
07/12/2019 431 ANSWER to 285 Amended Complaint,,,,,,,,,,., COUNTERCLAIM against Platinum Partners Value Arbitrage Fund L.P. ((In Official Liquidation) ). Document filed by David Bodner.(Lauer, Eliot) (Entered: 07/12/2019)
07/12/2019 430 ANSWER to 285 Amended Complaint,,,,,,,,,,. Document filed by Huberfeld Family Foundation.(Chase, Donald) (Entered: 07/12/2019)
07/12/2019 429 STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), that the above-captioned action is dismissed with prejudice only as to Twosons, each party to bear its own fees and costs. SO ORDERED., Twosons Corporation, Twosons Corporation, Twosons Corporation, Twosons Corporation and Twosons Corporation terminated. (Signed by Judge Jed S. Rakoff on 7/12/2019) (ama) (Entered: 07/12/2019)
07/12/2019 428 ANSWER to 285 Amended Complaint,,,,,,,,,, with JURY DEMAND. Document filed by Kevin Cassidy, Michael Nordlicht.(Doherty, Therese) (Entered: 07/12/2019)
07/12/2019 427 MOTION for Reconsideration re; 408 Memorandum & Opinion,,,,,,,,,,, . Document filed by Seth Gerszberg. (Attachments: # 1 Memorandum of Law In Support of Reconsideration of Motion)(Ostrove, Elliot) (Entered: 07/12/2019)
07/12/2019 426 ANSWER to [285] Amended Complaint,,,,,,,,,,. Document filed by Daniel Saks.(Schwartz, Wendy) (Entered 07/12/2019)
07/12/2019 425 ANSWER to [285] Amended Complaint,,,,,,,,,,. Document filed by Estate of Uri Landesman.(Breslin, Eric) (Entered 07/12/2019)
07/09/2019 Set/Reset Deadlines: B Asset Manager II LP answer due 7/12/2019; B Asset Manager LP answer due 7/12/2019; BAM Administrative Services LLC answer due 7/12/2019; Beechwood Bermuda International Ltd. answer due 7/12/2019; Beechwood Re Holdings, Inc. answer due 7/12/2019; Beechwood Re Investments, LLC answer due 7/12/2019; Beechwood Re Ltd. answer due 7/12/2019; Moshe M. Feuer answer due 7/12/2019; Dhruv Narain answer due 7/12/2019; Scott Taylor answer due 7/12/2019. (jwh) (Entered 07/09/2019)
07/09/2019 424 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 Defendants B Asset Manager LP, B Asset Manager II LP, Beechwood Re Investments, LLC, Beechwood Re Holdings, Inc., Beechwood Re (in Official Liquidation) s/h/a Beechwood Re Ltd., Beechwood Bermuda International Ltd., BAM Administrative Services, LLC, Mark Feuer, Scott Taylor, and Dhruv Narain 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 any and all of the same. There has been no previous request for an extension of the above-mentioned Defendants' time to answer the Second Amended Complaint. (Signed by Judge Jed S. Rakoff on 7/8/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 07/09/2019)
07/03/2019 423 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that: (i) the time within which Defendant Seth Gerszberg ("Defendant") may file a Motion for Reconsideration of the Court's Opinion and Order dated June 21, 2019 (ECF Doc. No. 408) is hereby extended up to and including July 12, 2019; and (ii) in the event Defendant's Motion for Reconsideration is denied, the time within which Defendant may answer the Second Amended Complaint (ECF Doc. No. 285) is extended for 15 days from the date of such denial. There has been no previous request for an extension of Defendant's time to answer the Second Amended Complaint. 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 any and all of the same. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/2/2019) ( Motions due by 7/12/2019.) (ks) (Entered 07/03/2019)
07/02/2019 Set/Reset Deadlines: Estate of Uri Landesman answer due 7/12/2019. (jwh) (Entered 07/02/2019)
07/02/2019 422 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ESTATE OF URI LANDESMAN TO ANSWER SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that the time within which Defendant Estate of Uri Landesman may answer the Second Amended Complaint (ECF No. 285), is hereby extended from July 5, 2019, to July 121 2019. (Signed by Judge Jed S. Rakoff on 7/1/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 07/02/2019)
07/02/2019 Set/Reset Deadlines: Daniel Saks answer due 7/12/2019. (jwh) (Entered 07/02/2019)
07/02/2019 421 STIPULATION AND ORDER EXTENDING DEFENDANT DANIEL SAKS' TIME TO ANSWER THE SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties through their undersigned attorneys, that Saks' time to answer the SAC shall be extended to July 12, 2019. No provision of this Stipulation shall be construed as a waiver of any party's claims or defenses and each party expressly reserves all rights as to the same. This is the first request for extension of Saks' time to answer the SAC. No further extensions beyond this one. (Signed by Judge Jed S. Rakoff on 7/1/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 07/02/2019)
07/02/2019 Set/Reset Deadlines: David Bodner answer due 7/12/2019. (jwh) (Entered 07/02/2019)
07/02/2019 420 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 David Bodner 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 further extensions beyond this one. (Signed by Judge Jed S. Rakoff on 7/2/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 07/02/2019)
07/02/2019 419 PROPOSED STIPULATION AND ORDER. Document filed by B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, Beechwood Bermuda International Ltd., Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC, Beechwood Re Ltd., Moshe M. Feuer, Dhruv Narain, Scott A. Taylor. (Lipsius, Cheryl) (Entered 07/02/2019)
07/01/2019 418 PROPOSED STIPULATION AND ORDER. Document filed by Seth Gerszberg. (Ostrove, Elliot) (Entered 07/01/2019)
07/01/2019 Set/Reset Deadlines: Kevin Cassidy answer due 7/12/2019; Michael Nordlicht answer due 7/12/2019. (jwh) (Entered 07/01/2019)
07/01/2019 417 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 Defendants Michael Nordlicht and Kevin Cassidy may answer the Second Amended Complaint (ECF Doc. No. 285) is hereby extended from July 5, 2019, up to and including July 12, 2019. (Signed by Judge Jed S. Rakoff on 6/29/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 07/01/2019)
06/28/2019 416 NOTICE OF APPEARANCE by Robert Carey Santoro on behalf of Fuzion Analytics, Inc., Senior Health Insurance Company of Pennsylvania. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Santoro, Robert) (Entered: 06/28/2019)
06/28/2019 415 PROPOSED STIPULATION AND ORDER. Document filed by David Bodner. (Hertzberg, Gabriel) (Entered: 06/28/2019)
06/28/2019 414 PROPOSED STIPULATION AND ORDER. Document filed by Estate of Uri Landesman. (Breslin, Eric) (Entered: 06/28/2019)
06/28/2019 413 PROPOSED STIPULATION AND ORDER. Document filed by Daniel Saks. (Pruden, Gregory) (Entered: 06/28/2019)
06/27/2019 412 MOTION for Julia G. Gumpper to Withdraw as Attorney . Document filed by David Bodner. (Attachments: # (1) Text of Proposed Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gumpper, Julia) (Entered 06/27/2019)
06/27/2019 411 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Cassidy, Michael Nordlicht. (Doherty, Therese) (Entered 06/27/2019)
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)