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

Platinum Receivership


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Court Docket

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
03/06/2020 550 COUNTER STATEMENT TO Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/06/2020)
03/06/2020 549 COUNTER STATEMENT TO Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/06/2020)
03/06/2020 548 COUNTER STATEMENT TO Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/06/2020)
03/06/2020 547 COUNTER STATEMENT TO Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/06/2020)
03/06/2020 546 COUNTER STATEMENT TO Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/06/2020)
03/06/2020 545 DECLARATION of Don Marvin Seymour Pursuant to 28 U.S.C. 1746 in Opposition to Defendants' Motion for Summary Judgment. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Gluck, Warren) (Entered 03/06/2020)
03/05/2020 544 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by and between the undersigned counsel for 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) (together "Plaintiffs"), and for Defendant Daniel Saks ("Saks"), that the above-captioned action (the "Action") be and hereby is dismissed with prejudice only as to Saks, with each party to bear his or its own costs and fees associated with the Action. (Daniel Saks terminated.) (Signed by Judge Jed S. Rakoff on 3/4/2020) (jwh) (Entered 03/05/2020)
03/04/2020 543 DECLARATION of Betsy Feuerstein in Support re: [523] MOTION for Summary Judgment .. Document filed by David Bodner. (Attachments: # (1) Exhibit 1-3, # (2) Exhibit 4, # (3) Exhibit 5-11, # (4) Exhibit 12-26, # (5) Exhibit A-S).(Feuerstein, Betsy) (Entered 03/04/2020)
03/02/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 4/7/2020 at 09:30 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered 03/03/2020)
03/03/2020 542 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P...(Gluck, Warren) (Entered 03/03/2020)
02/26/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/26/2020. Only with respect to San Filippo's summary judgment motion, the deadlines for the PPVA's answering brief and San Filippo's reply brief are extended to March 20,2020 and March 27, 2020, respectively. (Kotowski, Linda) (Entered 03/02/2020)
02/26/2020 541 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by and between the undersigned counsel for 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)(together "Plaintiffs"), and for defendant Platinum F.I. Group, LLC ("Platinum FI"), that the above-captioned action (the "Action") be and hereby is dismissed with prejudice only as to Platinum FI, with each party to bear its own costs and fees associated with the Action. (Platinum F.I. Group, LLC terminated.) (Signed by Judge Jed S. Rakoff on 2/25/2020) (jwh) (Entered 02/26/2020)
02/24/2020 540 STATUS REPORT. Concerning Cayman Court Proceedings. 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 02/24/2020)
02/24/2020 539 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott..(Gluck, Warren) (Entered 02/24/2020)
02/19/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/19/2020. (Kotowski, Linda) (Entered 02/21/2020)
02/19/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/19/2020. (Kotowski, Linda) (Entered 02/21/2020)
02/18/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference set for 4/2/2020 at 03:30 PM before Judge Jed S. Rakoff., Oral Argument set for 4/2/2020 at 03:30 PM before Judge Jed S. Rakoff.). Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Kotowski, Linda) (Entered 02/18/2020)
02/18/2020 538 DECLARATION of Wendy H. Schwartz - Supplemental Declaration in Support re: [531] MOTION for Summary Judgment .. Document filed by Daniel Saks. (Attachments: # (1) Revised Exhibit 4).(Schwartz, Wendy) (Entered 02/18/2020)
02/18/2020 537 FIRST MOTION for Summary Judgment . Document filed by Bernard Fuchs. (Attachments: # (1) Affidavit Bernard Fuch's Affidavit, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Affidavit Attorney Kim Juhase's Affidavit, # (5) Exhibit Exhibit 3 -Answer, # (6) Local Rule 56.1 Statement, # (7) Memorandum of Law in Support of Defendant Bernard Fuchs Motion for Summary Judgment).(Novak, Alexander) (Entered 02/18/2020)
02/16/2020 536 DECLARATION of Ira S. Lipsius in Support re: [516] MOTION for Summary Judgment .. 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, Moshe M. Feuer, Dhruv Narain, Scott Taylor. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W, # (24) Exhibit X, # (25) Exhibit Y, # (26) Exhibit Z, # (27) Exhibit AA, # (28) Exhibit BB, # (29) Exhibit CC, # (30) Exhibit DD, # (31) Exhibit EE, # (32) Exhibit FF, # (33) Exhibit GG, # (34) Exhibit HH, # (35) Exhibit II, # (36) Exhibit JJ, # (37) Exhibit KK, # (38) Exhibit LL, # (39) Exhibit MM, # (40) Exhibit NN, # (41) Exhibit OO, # (42) Exhibit PP, # (43) Exhibit QQ, # (44) Exhibit RR, # (45) Exhibit SS, # (46) Exhibit TT, # (47) Exhibit UU, # (48) Exhibit VV, # (49) Exhibit WW, # (50) Exhibit XX, # (51) Exhibit YY, # (52) Exhibit ZZ, # (53) Exhibit AAA, # (54) Exhibit BBB, # (55) Exhibit CCC, # (56) Exhibit DDD, # (57) Exhibit EEE, # (58) Exhibit FFF, # (59) Exhibit GGG, # (60) Exhibit HHH, # (61) Exhibit III, # (62) Exhibit JJJ, # (63) Exhibit KKK, # (64) Exhibit LLL, # (65) Exhibit MMM, # (66) Exhibit NNN, # (67) Exhibit OOO, # (68) Exhibit PPP, # (69) Exhibit QQQ, # (70) Exhibit RRR, # (71) Exhibit SSS, # (72) Exhibit TTT, # (73) Exhibit UUU, # (74) Exhibit VVV, # (75) Exhibit WWW, # (76) Exhibit XXX, # (77) Exhibit YYY, # (78) Exhibit ZZZ, # (79) Exhibit AAAA, # (80) Exhibit BBBB, # (81) Exhibit CCCC, # (82) Exhibit DDDD, # (83) Exhibit EEEE, # (84) Exhibit FFFF, # (85) Exhibit GGGG, # (86) Exhibit HHHH, # (87) Exhibit IIII, # (88) Exhibit JJJJ, # (89) Exhibit KKKK).(Lipsius, Ira) (Entered 02/16/2020)
02/14/2020 535 MOTION for Summary Judgment . Document filed by Seth Gerszberg. Responses due by 3/6/2020 Return Date set for 3/26/2020 at 03:30 PM. (Attachments: # 1 Memorandum of Law in Support of Summary Judgment, # 2 Statement of Material Facts, # 3 Declaration of S. Gerszberg with Exhibits 1-5, # 4 Text of Proposed Order).(Ostrove, Elliot) (Entered: 02/14/2020)
02/14/2020 534 DECLARATION of Wendy H. Schwartz in Support re: 531 MOTION for Summary Judgment .. Document filed by Daniel Saks. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12).(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 533 RULE 56.1 STATEMENT. Document filed by Daniel Saks..(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 532 MEMORANDUM OF LAW in Support re: 531 MOTION for Summary Judgment . . Document filed by Daniel Saks..(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 531 MOTION for Summary Judgment . Document filed by Daniel Saks. Responses due by 3/6/2020 Return Date set for 3/26/2020 at 03:30 PM..(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 530 DECLARATION of Betsy Feuerstein in Support re: 523 MOTION for Summary Judgment .. Document filed by David Bodner. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4, # 3 Exhibit 5-11, # 4 Exhibit A-S).(Feuerstein, Betsy) (Entered: 02/14/2020)
02/14/2020 529 DECLARATION of Abigail B. Johnston in Support re: 523 MOTION for Summary Judgment .. Document filed by David Bodner. (Attachments: # 1 Exhibit 1-50, # 2 Exhibit 51-148).(Johnston, Abigail) (Entered: 02/14/2020)
02/14/2020 528 RULE 56.1 STATEMENT. Document filed by Huberfeld Family Foundation..(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 527 MEMORANDUM OF LAW in Support re: 522 MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s. . Document filed by Huberfeld Family Foundation..(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 526 DECLARATION of Donald H. Chase in Support re: 522 MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s.. Document filed by Huberfeld Family Foundation. (Attachments: # 1 Exhibit 1 - Second Amended Complaint without exhibits, # 2 Exhibit 2 - Second Amended & Restated Operating Agreement of PMNY, # 3 Exhibit 3 - Mark Nordlicht Grantor Trust Agreement, # 4 Exhibit 4 - Murray Huberfeld Deposition transcript excerpts, # 5 Exhibit 5 - Huberfeld's Responses and Objections to JOLs Requests for Admission-Excerpt, # 6 Exhibit 6 - PPVA Second Amended & Restated Limited Partnership Agreement, # 7 Exhibit 7 - Fourth Amended & Restated Investment Mgmt. Agreement, 3.9.2007, # 8 Exhibit 8 - Joseph SanFilippo Deposition transcript excerpts, # 9 Exhibit 9 - Release Agreement for Platinum, Bodner, Huberfeld, Fuchs, Landesman and the Nordlicht Parties, 3.20.2016, # 10 Exhibit 10 - HFF Inc.'s investment in PPVA as of 12.31.2015, # 11 Exhibit 11 - Memorandum re Platinum Releases, 3.20.2016, # 12 Exhibit 12 - HFF Certificate of Incorporation & By-Laws, # 13 Exhibit 13 - HFF 2008 Form 990-PF-Excerpts, # 14 Exhibit 14 - HFF 2009 Form 990-PF-Excerpts, # 15 Exhibit 15 - HFF 2010 Form 990-PF-Excerpts, # 16 Exhibit 16 - HFF 2011 Form 990-PF-Excerpts, # 17 Exhibit 17 - HFF 2012 Form 990-PF-Excerpts, # 18 Exhibit 18 - HFF 2013 Form 990-PF-Excerpts, # 19 Exhibit 19 - HFF 2014 Form 990-PF-Excerpts, # 20 Exhibit 20 - HFF 2015 Form 990-PF-Excerpts, # 21 Exhibit 21 - HFF 2016 Form 990-PF-Excerpts, # 22 Exhibit 22 - Murray Huberfeld HFF 30(b)(6) Deposition transcript excerpts, # 23 Exhibit 23 - Email attaching HFF's March 2013 Statement for Platinum Partners Black Elk Opportunites Fund, # 24 Exhibit 24 - Email attaching HFF's August 2014 Statement for Platinum Partners Black Elk Opportunites Fund, # 25 Exhibit 25 - Black Elk 10-Q for period ending 6.30.2013, # 26 Exhibit 26 - Moody's downgrades Black Elk's CFR to Caa2, outlook negative, 6.7.2013, # 27 Exhibit 27 - S&P Cuts Black Elk Energy Offshore Rating to 'CCC+' - Reuters, 9.17.2013, # 28 Exhibit 28 - Black Elk Indenture (SAC Ex. 51), # 29 Exhibit 29 - Black Elk Energy Offer to Purchase & Consent Soliciation Statement, # 30 Exhibit 30 - Black Elk 8-K. 8.21.2014 (SAC Ex. 58), # 31 Exhibit 31 - Black Elk-Plaintiff's Supplement to Motion for Entry of Default Judgment, # 32 Exhibit 32 - Black Elk Original Adversary Complaint, # 33 Exhibit 33 - Order dated February 6, 2019, # 34 Exhibit 34 - Parlin Email, 3.14.19, # 35 Exhibit 35 - Martin Trott Deposition transcript excerpts, # 36 Exhibit 36 - HFF's Responses and Objections to JOLs Requests for Admission-Excerpt).(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 525 RULE 56.1 STATEMENT. Document filed by David Bodner..(Hertzberg, Gabriel) (Entered: 02/14/2020)
02/14/2020 524 MEMORANDUM OF LAW in Support re: 523 MOTION for Summary Judgment . . Document filed by David Bodner..(Hertzberg, Gabriel) (Entered: 02/14/2020)
02/14/2020 523 MOTION for Summary Judgment . Document filed by David Bodner..(Hertzberg, Gabriel) (Entered: 02/14/2020)
02/14/2020 522 MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s. Document filed by Huberfeld Family Foundation..(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 521 FIRST MOTION for Summary Judgment . Document filed by Murray Huberfeld. Responses due by 3/6/2020 Return Date set for 3/26/2020 at 03:30 PM. (Attachments: # 1 Affidavit Declaration of Jeffrey C. Daniels Esq., # 2 Exhibit Second Amended Complaint, # 3 Exhibit Second Amended and Restated Operating Agreement, # 4 Exhibit Nordlicht Grantor Trust Agreement, # 5 Exhibit Huberfeld Excerpts, # 6 Exhibit Huberfeld's Responses and Objections to Plaintiff's Request for Admissions, # 7 Exhibit PPVA Second Amended and Restated Limited Partnership Agreement, # 8 Exhibit Fourth Amended and Restated Investment Management Agreement, # 9 Exhibit San Fillipo Excerpts, # 10 Exhibit Release Agreement, # 11 Exhibit HFF Inc's Investment in PPVA, # 12 Exhibit Memorandum re Platinum Releases, # 13 Exhibit Murray Huberfeld Answer, # 14 Supplement Murray Huberfeld Rule 56.1 Statement, # 15 Supplement Murray Huberfeld Memo of Law).(Daniels, Jeffrey) (Entered: 02/14/2020)
02/14/2020 520 RULE 56.1 STATEMENT. Document filed by Joseph Sanfilippo..(O'Brien, Kevin) (Entered: 02/14/2020)
02/14/2020 519 DECLARATION of Kevin J. O'Brien in Support re: 517 MOTION for Summary Judgment Notice of Motion.. Document filed by Joseph Sanfilippo. (Attachments: # 1 Exhibit Affidavit of Joseph SanFilippo, # 2 Exhibit 2013 PPVA Financial Statement Part 1, # 3 Exhibit 2013 PPVA Financial Statement Part 2, # 4 Exhibit 2013 PPVA Financial Statement Part 3, # 5 Exhibit Criminal Indictment, # 6 Exhibit Judgment of Acquittal, # 7 Exhibit Trial Transcript).(O'Brien, Kevin) (Entered: 02/14/2020)
02/14/2020 518 MEMORANDUM OF LAW in Support re: 517 MOTION for Summary Judgment Notice of Motion. . Document filed by Joseph Sanfilippo..(O'Brien, Kevin) (Entered: 02/14/2020)
02/14/2020 517 MOTION for Summary Judgment Notice of Motion. Document filed by Joseph Sanfilippo..(O'Brien, Kevin) (Entered: 02/14/2020)
02/14/2020 516 MOTION for Summary Judgment . 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 Series B, Beechwood Re Investments LLC Series C, Beechwood Re Investments LLC Series D, Beechwood Re Investments LLC Series E, Beechwood Re Investments LLC Series F, Beechwood Re Investments LLC Series G, Beechwood Re Investments LLC Series H, Beechwood Re Investments LLC Series I, Beechwood Re Investments, LLC, Beechwood Re Investments, LLC Series A, Moshe M. Feuer, Dhruv Narain, Scott Taylor. (Attachments: # 1 Memo of Law, # 2 Statement of Facts).(Lipsius, Ira) (Entered: 02/14/2020)
02/14/2020 515 RULE 56.1 STATEMENT. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 514 AFFIRMATION of Joseph SanFilippo in Support re: 510 MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 513 AFFIRMATION of Mark Nordlicht in Support re: 510 MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 512 AFFIRMATION of Ezra David Beren in Support re: 510 MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 511 MEMORANDUM OF LAW in Support re: 510 MOTION for Summary Judgment Notice of Motion for Summary Judgment. Memorandum of Law in Support of Ezra Beren's Motion for Summary Judgment. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 510 MOTION for Summary Judgment Notice of Motion for Summary Judgment. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/13/2020 509 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed, R. Civ. P, 41(a)(1)(A)(ii) by and between the undersigned counsel for 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) (together "Plaintiffs"), and for defendant the Estate of Uri Landesman (the "Landesman Estate"), that the above-captioned action (the "Action") be and hereby is dismissed with prejudice only as to the Landesman Estate, with each party to bear its own costs and fees associated with the Action. (Estate of Uri Landesman terminated.) (Signed by Judge Jed S. Rakoff on 2/13/2020) (jwh) (Entered 02/13/2020)
02/12/2020 508 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott..(Gluck, Warren) (Entered 02/12/2020)
02/05/2020 507 NOTICE OF APPEARANCE by Kevin J. O'Brien on behalf of Joseph Sanfilippo..(O'Brien, Kevin) (Entered 02/05/2020)
01/31/2020 506 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a)(2) by and between the undersigned counsel for 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), and counsel for defendants Kevin Cassidy and Michael Nordlicht, that the above captioned action (the "Action") be and hereby is dismissed with prejudice solely as to Kevin Cassidy and Michael Nordlicht, with each party to bear such party's own costs and fees associated with the Action; and IT IS HEREBY FURTHER STIPULATED AND AGREED that this Stipulation and Order of Dismissal may be executed in counterparts, which, when taken together, shall constitute the entire Stipulation and Order of Dismissal, and that signatures by facsimile and electronic mail should be considered by the Court the same as original signatures. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/28/2020) Kevin Cassidy, Kevin Cassidy, Michael Nordlicht, Michael Nordlicht, Michael Nordlicht, Kevin Cassidy and Kevin Cassidy terminated. (ks) (Entered 01/31/2020)
01/31/2020 505 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41 (a)(2) by and between the undersigned counsel that the above-captioned action (the "Action") be and hereby is dismissed with prejudice solely as to Kevin Cassidy and Michael Nordlicht, with each party to bear such party's own costs and fees associated with the Action; as further set forth in this Order. KEVIN CASSIDY, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, KEVIN CASSIDY and KEVIN CASSIDY terminated. (Signed by Judge Jed S. Rakoff on 1/28/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(cf) (Entered 01/21/2020)
01/28/2020 504 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. (Gluck, Warren) (Entered 01/28/2020)
01/16/2020 503 ANSWER to [285] Amended Complaint,,,,,,,,,,. Document filed by Ezra Beren.(Provenzano, S.) (Entered 01/16/2020)
01/13/2020 502 MEMORANDUM ORDER: Nevertheless, the Court will indulge the possibility that counsel were simply carried away by overzealousness rather than acting in bad faith. Accordingly, no monetary sanctions will be imposed. See Schlaifer Nance & Co. v. Estate of Warhol, 194 F.3d 323,. 336 (2d Cir. 1999) ("In order to impose sanctions pursuant to its inherent power, a district court must find that: (1) the challenged claim was without a colorable basis and (2) the claim was brought in bad faith, i.e., motivated by improper purposes such as harassment or delay."). If there are any further violations of the rules, however, the Court will not exercise such forbearances. (Signed by Judge Jed S. Rakoff on 1/7/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 01/13/2020)
01/07/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference set for 3/26/2020 at 03:30 PM before Judge Jed S. Rakoff., Oral Argument set for 3/26/2020 at 03:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered 01/08/2020)
01/03/2020 501 AFFIRMATION of Warren E. Gluck, Regarding Possible Monetary Sanction Related to Opposition to Ezra Beren's Motion to Dismiss re: [499] Order on Motion to Dismiss,,,,,,,,,,, . Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Gluck, Warren) (Entered 01/03/2020)