Court Docket
United States District Court
Eastern District of New York
Platinum Receivership
Case No. 1:16-cv-6848 (BMC)(VMS)
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| Date | Court Document Number | Description |
|---|---|---|
| 01/26/2017 | 51 | Letter on behalf of the Receiver, Bart M. Schwartz advising the Court of recent developments in advance of the Order to Show Cause hearing scheduled for January 31, 2017 by Bart Schwartz (Attachments: # 1 Exhibit A) (Barenholtz, Celia) (Entered: 01/26/2017) |
| 01/26/2017 | 52 | Letter to The Honorable Dora L. Irizarry in Response to the Court's January 20, 2017 Order by Jeffrey Shulse (Mann, Michael) (Entered: 01/26/2017) |
| 01/26/2017 | 53 | Letter to The Honorable Dora L. Irizarry in Response to the Court's January 25, 2017 Order by Joseph Sanfilippo (O'Brien, Kevin) (Entered: 01/26/2017) |
| 01/27/2017 | ORDER granting 30 , 38 , and 39 Motions for Leave to Appear Pro Hac Vice. Katherine McCarthy, Justin Waggoner, and Jeffrey Potts, are permitted to argue or try this case in whole or in part as counsel or advocate. By 2/3/2017, Ms. McCarthy, Mr. Waggoner and Mr. Potts shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, counsel shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge Vera M. Scanlon on 1/27/2017. (Quinlan, Krista) (Entered: 01/27/2017) | |
| 01/27/2017 | 54 | AFFIDAVIT/DECLARATION in Support re 21 Joint MOTION for Order to Show Cause filed by Bart Schwartz. (Attachments: #1 Exhibit K to Reply Declaration of Bart M. Schwartz, # 2 Exhibit L to Reply Declaration of Bart M. Schwartz) (Barenholtz, Celia) (Entered: 01/27/2017) |
| 01/30/2017 | 55 | NOTICE of Appearance by David J. Lizmi on behalf of Daniel Small (aty to be noticed) (Lizmi, David) (Entered: 01/30/2017) |
| 01/30/2017 | 56 | NOTICE of Appearance by Scott B. Klugman on behalf of Daniel Small (aty to be noticed) (Klugman, Scott) (Entered: 01/30/2017) |
| 01/30/2017 | 57 | NOTICE of Appearance by Seth L. Levine on behalf of Daniel Small (aty to be noticed) (Levine, Seth) (Entered: 01/30/2017) |
| 01/30/2017 | 58 | Letter to The Honorable Dora L. Irizarry in Response to the Court's January 20, 2017 Order by David Levy (Sommer, Michael) (Entered: 01/30/2017) |
| 01/30/2017 | 59 | Letter advising the Court of recent developments in advance of the Order to Show Cause hearing scheduled for tomorrow, January 31, 2017 by Bart Schwartz (Attachments: # 1 Proposed Order [Proposed] Amended Order to Show Cause, Temporary Restraining Order, Order Appointing Receiver, and Granting Other Relief, # 2 Proposed Order [Proposed] Amended Order Appointing Receiver) (Barenholtz, Celia) (Entered: 01/30/2017) |
| 01/30/2017 | 60 | Letter to Hon. Dora L. Irizarry by Uri Landesman (Breslin, Eric) (Entered: 01/30/2017) |
| 01/30/2017 | 61 | Letter to Judge Irizarry in Response to the Court's January 20, 2017 Order by Joseph Mann (Fischer, Benjamin) (Entered: 01/30/2017) |
| 01/30/2017 | 62 | Letter by Joseph Sanfilippo (O'Brien, Kevin) (Entered: 01/30/2017) |
| 01/30/2017 | ORDER granting 21 Motion for Order to Show Cause -- By Letter dated January 30, 2017 [Docket Entry #59], the Receiver has advised the Court that the issues to be litigated at the Show Cause hearing scheduled for tomorrow, Jan. 31, 2017, at 11:00 AM are now moot as they have been resolved. The defendants who are the subjects of the TRO and Receiver Order have no objection to the amended changes to those orders; the Bankruptcy Court Litigation Trustee has withdrawn his objections and none of the other defendants have voiced an objection to the amended orders. Accordingly, it is hereby ORDERED that: (1) the Show Cause hearing scheduled for January 31, 2017 is CANCELLED; (2) the AMENDED ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, ORDER APPOINTING RECEIVER, AND GRANTING OTHER RELIEF attached as Exhibit A to Docket Entry #59 is SO ORDERED; (3) the AMENDED ORDER APPOINTING RECEIVER attached as Exhibit B to Docket Entry #59 is SO ORDERED; and (4) the parties are to appear before the Court on March 3, 2017 PROMPTLY at 10:00 AM in Courtroom 4 A South of the Brooklyn Federal Courthouse, 225 Cadman Plaza East, at which time defendants shall show cause why a preliminary injunction should not issue. SO ORDERED by Chief Judge Dora Lizette Irizarry on 1/30/2017. (Irizarry, Dora) (Entered: 01/30/2017) | |
| 01/31/2017 | 63 | MOTION for More Definite Statement Application for Order Approving Receiver's Fees and the Retention of Guidepost Solutions LLC Nunc Pro Tunc to the Appointment Date by Bart Schwartz. (Attachments: # 1 Proposed Order) (Barenholtz, Celia) (Entered: 01/31/2017) |
| 01/31/2017 | 64 | AFFIDAVIT/DECLARATION in Support re 63 MOTION for More Definite Statement Application for Order Approving Receiver's Fees and the Retention of Guidepost Solutions LLC Nunc Pro Tunc to the Appointment Date filed by Bart Schwartz. (Barenholtz, Celia) (Entered: 01/31/2017) |
| 01/31/2017 | 65 | MOTION for More Definite Statement Application for Order Approving the Retention of Cooley LLP Nunc Pro Tunc to the Appointment Date by Bart Schwartz. (Attachments: # 1 Proposed Order, # 2 Declaration of Celia Goldwag Barenholtz in support of Application to Retain Cooley LLP) (Barenholtz, Celia) (Entered: 01/31/2017) |
| 01/31/2017 | 66 | AFFIDAVIT/DECLARATION in Support re 65 MOTION for More Definite Statement Application for Order Approving the Retention of Cooley LLP Nunc Pro Tunc to the Appointment Date filed by Bart Schwartz. (Barenholtz, Celia) (Entered: 01/31/2017) |
| 01/31/2017 | 67 | Letter to Judge Irizarry Pursuant to the Court's Order of January 20, 2017 by Mark Nordlicht, Platinum Credit Management, L.P. (Levander, Andrew) (Entered: 01/31/2017) |
| 01/31/2017 | 68 | NOTICE of Appearance by Jonathan S. Sack on behalf of Joseph Mann (aty to be noticed) (Sack, Jonathan) (Entered: 01/31/2017) |
| 01/31/2017 | 69 | Letter to The Honorable Dora L. Irizarry in Response to the Court's January 20, 2017 Order by Daniel Small (Levine, Seth) (Entered: 01/31/2017) |
| 02/02/2017 | 70 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Platinum Management (NY) LLC waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | Email Notification Test - DO NOT REPLY (Fernandez, Erica) (Entered: 02/02/2017) | |
| 02/02/2017 | 71 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Platinum Credit Management, L.P. waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | 72 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Mark Nordlicht waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | 73 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. David Levy waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | 74 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Joseph Mann waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | 75 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Daniel Small waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | 76 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Joseph Sanfilippo waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/02/2017 | 77 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Jeffrey Shulse waiver sent on 1/6/2017, answer due 3/7/2017. (McGrath, Kevin) (Entered: 02/02/2017) |
| 02/03/2017 | 78 | Letter to the Honorable Dora L. Irizarry re Government's Application to Intervene and to Stay Civil Proceedings by Joseph Mann (Fischer, Benjamin) (Entered: 02/03/2017) |
| 02/03/2017 | 79 | MEMORANDUM in Opposition re 42 MOTION to Intervene MOTION to Stay Civil Proceedings filed by David Levy, Joseph Sanfilippo, Jeffrey Shulse, Daniel Small. (Levine, Seth) (Entered: 02/03/2017) |
| 02/03/2017 | 80 | Letter Supplementing Certain Defendants' Partial Opposition to Application of the United States to Intervene and to Stay Civil Proceedings [Dkt. No. 79] by Jeffrey Shulse (Mann, Michael) (Entered: 02/03/2017) |
| 02/06/2017 | 81 | Letter regarding a reply to certain defendants' submissions in response to the Government's Motion to Intervene in and Stay the Instant Case 42 by United States Attorney's Office for the Eastern District of New York (Cooley, Alicyn) (Entered: 02/06/2017) |
| 02/07/2017 | 82 | NOTICE of Appearance by Adam Caleb Ford on behalf of Joseph Sanfilippo (aty to be noticed) (Ford, Adam) (Entered: 02/07/2017) |
| 02/07/2017 | ORDER TO PRODUCE AND COMPLY WITH COURT ORDERS -- The Court repeatedly has directed all parties to provide chambers with hard courtesy copies of all filings. Plaintiff diligently has provided chambers with the required courtesy copies in a timely manner. However, Defendants persist in filing documents and not providing chambers with hard courtesy copies. Accordingly, it is hereby ORDERED that defendants must provide chambers with hard courtesy copies of all filings within 24 hours of filing, either by hand delivery or overnight delivery, whether by FedEx or some other carrier. Failure to comply may result in the imposition of fines. SO ORDERED by Chief Judge Dora Lizette Irizarry on 2/7/2017. (Irizarry, Dora) (Entered: 02/07/2017) | |
| 02/08/2017 | ORDER re 81 Letter regarding a reply to certain defendants' submissions in response to the Government's Motion to Intervene in and Stay the Instant Case -- On January 23, 2017, pursuant to Rule 24 of the Federal Rules of Civil Procedure, the United States ("the Government") moved to intervene and stay the proceedings in this civil action pending resolution of the criminal matter captioned United States v. Mark Nordlicht, et al., 16-CR-640. Defendants Landesman and Mann have indicated that they do not oppose the motion [Docket Entries #42, 78]. All other named and corporate Defendants have indicated that they object in part to the motion [Docket Entries #79, 80, 81]. Accordingly, the Government's reply shall be due on or before February 13, 2017. The parties are reminded to provide chambers with two hard courtesy copies immediately upon filing any documents. So Ordered by Chief Judge Dora Lizette Irizarry on 2/8/2017. (Carosella, Christy) (Entered: 02/08/2017) | |
| 02/10/2017 | 83 | Letter Motion on Consent to Adjourn Hearing on Motion for Preliminary Injunction by Mark Nordlicht, Platinum Credit Management, L.P., Platinum Management (NY) LLC (Levander, Andrew) (Entered: 02/10/2017) |
| 02/13/2017 | 84 | REPLY in Support re 42 MOTION to Intervene MOTION to Stay filed by United States Attorney's Office for the Eastern District of New York. (Cooley, Alicyn) (Entered: 02/13/2017) |
| 02/14/2017 | 85 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. Uri Landesman waiver sent on 2/1/2017, answer due 4/3/2017. (McGrath, Kevin) (Entered: 02/14/2017) |
| 02/14/2017 | 86 | WAIVER OF SERVICE Returned Executed by United States Securities and Exchange Commission. (McGrath, Kevin) (Entered: 02/14/2017) |
| 02/14/2017 | ORDER re 65 MOTION for More Definite Statement Application for Order Approving the Retention of Cooley LLP Nunc Pro Tunc to the Appointment Date filed by Bart Schwartz, 63 MOTION for More Definite Statement Application for Order Approving Receiver's Fees and the Retention of Guidepost Solutions LLC Nunc Pro Tunc to the Appointment Date filed by Bart Schwartz --- On January 31, 2017, the Receiver improperly filed as motions for a more definite statement, two applications Court for:(1) an order approving his fees and the retention of Guidepost Solutions LLC ("Guidepost") to advise, assist, and support the Receiver nunc pro tunc to December 19, 2016, and (2) an order approving the retention of Cooley LLP ("Cooley") as counsel for the Receiver nunc pro tunc to December 19, 2016. In both applications, the Receiver indicated that Plaintiff, the corporate Defendants, and Defendants Nordlicht, Small, SanFilippo, and Schulse consent thereto. Defendants Levy, Mann, and Landesman have not stated their positions. Both the Court's local rules and the Federal Rules require a response to a motion or application within a certain period of time. The Court should not have to enter orders directing parties to reply, thereby delaying the progress of the case. The Court takes a dim view of parties' neglect in or failure or refusal to respond to a motion or request. Such conduct will not be tolerated. It is hereby ORDERED that Defendants Levy, Mann, and Landesman are to state their positions NO LATER THAN February 21, 2017. Defendants must explain their position if they oppose the Receiver's applications. The parties are directed to provide chambers with two hard courtesy copies immediately upon filing any document. SO ORDERED by Chief Judge Dora Lizette Irizarry on 2/14/2017. (Irizarry, Dora) (Entered: 02/14/2017) | |
| 02/14/2017 | ORDER re 83 Letter filed by Platinum Credit Management, L.P., Mark Nordlicht, Platinum Management (NY) LLC -- The TRO Defendants' request for an extension of the briefing schedule and adjournment of the preliminary injunction hearing is granted on plaintiffs' consent. TRO Defendants' response shall be filed by February 24, 2017. The SEC's reply shall be filed by March 3, 2017. Two hard courtesy copies of all submissions must be submitted to chambers promptly upon filing. The preliminary injunction hearing is adjourned to March 17, 2017 at 10:00 AM in Courtroom 4 A South of the Brooklyn Federal Courthouse. On consent, the substantive relief in the TRO and the order appointing Receiver shall remain in effect, including the Receiver's ability to retain counsel and professionals upon the Court's approval. The TRO Defendants are reminded to adhere to this Court's individual rules, and, in particular, to be mindful of deadlines. Defendants did not submit their request until the day their papers were due. In the future, the Court will not entertain such belated adjournment and extension requests, and the parties may not assume that such requests will be granted. SO ORDERED by Chief Judge Dora Lizette Irizarry on 2/14/2017. (Irizarry, Dora) (Entered: 02/14/2017) | |
| 02/15/2017 | Set/Reset Hearings: Preliminary Injunction hearing re-set for 3/17/2017 at 10:00 AM in Courtroom 4 A South before Chief Judge Dora Lizette Irizarry. (Carosella, Christy) (Entered: 02/15/2017) | |
| 02/15/2017 | 87 | Letter to The Honorable Dora L. Irizarry in Response to the Court's Order of February 14, 2017 re Dkt. No. 63 by David Levy (Sommer, Michael) (Entered: 02/15/2017) |
| 02/15/2017 | 88 | Letter to The Honorable Dora L. Irizarry in Response to the Court's Order of February 14, 2017 re Dkt. No. 65 by David Levy (Sommer, Michael) (Entered: 02/15/2017) |
| 02/15/2017 | 89 | Letter by Uri Landesman (Breslin, Eric) (Entered: 02/15/2017) |
| 02/15/2017 | 90 | Letter to The Honorable Dora L. Irizarry on behalf of Joseph Mann in Response to the Court's Order of February 14, 2017 re Dkt. Nos. 63 & 65 by Joseph Mann (Fischer, Benjamin) (Entered: 02/15/2017) |
| 02/16/2017 | ORDER granting 26 Motion for More Definite Statement -- On January 12, 2017, the Receiver improperly filed as a motion for a more definite statement, an application for an order lifting the litigation stay in Platinum Partners Value Arbitrage Fund, LP, and Platinum Partners Liquid Opportunity Master Fund LP v. Chicago Board Options Exch. and Options Clearing Corp., Ch. Div. Case No. 10CH54472 (Ill. Cir. Ct., Cook Cty.) (the "Illinois Litigation"). Counsel is reminded to take care in how documents are filed, using the proper events in ECF. To date, most of the Receiver's motions have been filed improperly as motions for a more definite statement when, in fact, they request other relief. In his application, the Receiver indicated that Plaintiff consents thereto. Defendants Nordlicht, Platinum Management (NY) LLC, and Platinum Credit Management, LP consent to the application. Defendants SanFilippo, Levy, Schulse, Landesman, Mann, and Small take no position. Accordingly, the Receiver's request is granted and the litigation stay in the Illinois Litigation is lifted. So Ordered by Chief Judge Dora Lizette Irizarry on 2/16/2017. (Carosella, Christy) (Entered: 02/16/2017) | |
| 02/16/2017 | 91 | Letter in response to orders of February 14, 2017 and February 16, 2017 regarding Docket Nos. 63, 65 and 26 by Bart Schwartz (Barenholtz, Celia) (Entered: 02/16/2017) |
| 02/17/2017 | 93 | EXHIBIT [PROPOSED] ORDER Authorizing Receiver to provide DIP Financing for Northstar Offshore Group, LLC by Bart Schwartz. Related document: 92 Exparte,, Letter, filed by Bart Schwartz. (Barenholtz, Celia) (Entered: 02/17/2017) |
| 02/17/2017 | 94 | Letter respectfully requesting that this Court issue an order authorizing the Receiver to expend funds by Bart Schwartz (Attachments: # 1 Declaration Bart M. Schwartz, # 2 Declaration Lawrence Gottlieb, # 3 Memorandum in Support, # 4 Proposed Order) (Barenholtz, Celia) (Entered: 02/17/2017) |
| 02/17/2017 | 95 | Letter in Response to the Receiver's Request to Expend Funds (Dkt. No. 94) by Jeffrey Shulse (Mann, Michael) (Entered: 02/17/2017) |
| 02/17/2017 | ORDER granting 63 and 65 Motions --- On January 31, 2017, the Receiver requested that the Court: (1) Approve Receiver's Fees and the Retention of Guidepost Solutions LLC 63 and (2) Approve the retention of Cooley LLP as counsel for Receiver 65 . Plaintiff, the corporate Defendants, and Defendants Nordlicht, Small, SanFilippo, Schulse, and Levy consent. Defendant Mann does not object to both applications. While Defendant Landesman did not object to the application to approve Cooley LLP as counsel for the Receiver, he failed to comment on the application concerning Receiver's fees and Guidepost Solutions LLC. [See Docket Entry #89] The Court construes Landesman's silence as consent or no objection to that application. Accordingly, the Receiver's applications are granted. The Court approves the Receiver's fees and the retention of Guidepost Solutions LLC to advise, assist, and support the Receiver nunc pro tunc to December 19, 2016. The Court also approves the retention of Cooley LLP as counsel for the Receiver nunc pro tunc to December 19, 2016. The Court previously advised the parties that responses to applications are required. The parties hereby are placed on NOTICE that, in the future, any silence or failure to object or comment on an application will be construed as consent to the application. The Court will not tolerate gamesmanship, lack of diligence, or failure to adhere to Court Orders, rules and procedures. SO ORDERED by Chief Judge Dora Lizette Irizarry on 2/17/2017. (Irizarry, Dora) (Entered: 02/17/2017) | |
| 02/21/2017 | 96 | Letter informing the Court that subsequent to our February 17, 2017 letter regarding post-petition financing for Northstar Offshore Group, LLC [Docket No. 94], counsel for Platinum Management (NY) LLC, Platinum Credit Management, L.P., and Mark Nordlicht consented to the relief requested therein by Bart Schwartz (Seidner, Abigail) (Entered: 02/21/2017) |
| 02/21/2017 | 97 | Letter in Response to the Receiver's Request to Expend Funds (Dkt. No. 94) by Joseph Mann (Fischer, Benjamin) (Entered: 02/21/2017) |
| 02/24/2017 | 98 | MOTION to Substitute Attorney by Mark Nordlicht. (Attachments: # 1 Declaration of William A. Burck in Support of Substitution of Counsel) (Burck, William) (Entered: 02/24/2017) |
| 02/24/2017 | 99 | MOTION to Substitute Attorney by Mark Nordlicht, Platinum Management (NY) LLC. (Attachments: # 1 Declaration of Daniel R. Koffmann in Support of Substitution of Counsel) (Koffmann, Daniel) (Entered: 02/24/2017) |
| 02/24/2017 | 100 | MOTION to Substitute Attorney by Platinum Management (NY) LLC. (Attachments: # 1 Declaration of William A. Burck in Support of Substitution of Counsel) (Burck, William) (Entered: 02/24/2017) |
| 02/24/2017 | ORDER granting 98 , 99 and 100 , Motions to Substitute Attorney. Attorneys Andrew J. Levander, Jeffrey Alan Brown and Shriram Harid terminated. Ordered by Magistrate Judge Vera M. Scanlon on 2/24/2017. (Stackhouse, Noreen) (Entered: 02/24/2017) |
