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 |
|---|---|---|
| 07/02/2018 | ORDER granting [349] Motion for Extension of Time to File Reply is extended until July 19, 2018. Ordered by Judge Brian M. Cogan on 7/2/2018. (Clarke, Melonie) | |
| 07/02/2018 | 349 | MOTION for Extension of Time to File Response/Reply Brief in Support of Motion to Vacate Litigation Stay as to Navidea's Third Party Complaint Against PPCO by Navidea Biopharmaceuticals, Inc.. (Folland, Robert) |
| 06/29/2018 | 348 | MOTION to Withdraw as Attorney by Mark Nordlicht, Platinum Management (NY) LLC. (Attachments: #(1) Declaration) (Burck, William) |
| 06/28/2018 | 347 | MEMORANDUM in Opposition re [342] MOTION to Vacate [276] Order,,,, Litigation Stay as to Navideas Third Party Complaint Against PPCO /Memorandum of Melanie L. Cyganowski, as Receiver, in Opposition to Non-Party Navidea Biopharmaceuticals, Inc.s Motion for an Order Lifting the Litigation Stay for Navideas Third Party Complaint Against Platinum Partners Credit Opportunities Master Fund LP filed by Receiver. (Cyganowski, Melanie) |
| 06/25/2018 | ORDER granting [346] Motion for Discovery. Final date as per schedule is 9/7/18. Ordered by Judge Brian M. Cogan on 6/25/2018. (Clarke, Melonie) | |
| 06/22/2018 | 346 | Joint MOTION for Discovery and Briefing Schedule by Receiver. (Cyganowski, Melanie) |
| 06/22/2018 | 345 | REPLY in Opposition re [335] Reply in Support, [332] Memorandum in Opposition,, Corrected Receiver's Sur-Reply in Further Response to the Filings of Schafer & Weiner on June 11, and June 13, 2018 filed by Receiver. (Cyganowski, Melanie) |
| 06/22/2018 | 344 | DECLARATION re [343] Reply in Opposition Declaration of Neal Jacobson in Support of Receiver's Sur-Reply in Further Response to the Filings of Schafer & Weiner PLLC by United States Securities and Exchange Commission (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5) (Jacobson, Neal) |
| 06/22/2018 | 343 | REPLY in Opposition re [335] Reply in Support, [332] Memorandum in Opposition,, / Receiver's Sur-Reply in Further Response to the Filings of Schafer & Weiner on June 11, and June 13, 2018 filed by Receiver. (Cyganowski, Melanie) |
| 06/21/2018 | 342 | MOTION to Vacate [276] Order, Litigation Stay as to Navideas Third Party Complaint Against PPCO by Navidea Biopharmaceuticals, Inc. (Attachments: #(1) Exhibit Exhibit A Verified Complaint Platinum-Montaur v Navidea, #(2) Exhibit Exhibit B Third Party Complaint Navidea v Platinum Partners Credit, #(3) Exhibit Exhibit C April 10 2018 letter from Folland to Silverstein, #(4) Exhibit Exhibit D April 27 2018 Letter from Weinick to Folland) (Folland, Robert) |
| 06/18/2018 | 341 | ORDER dated 6/17/18 approving [325] Third interim application of Goldin Associates, LLC for allowance of compensation and reimbursement of expenses incurred during the period January 1, 2018 through March 31, 2018. ( Ordered by Judge Brian M. Cogan on 6/17/2018 ) (Guzzi, Roseann) |
| 06/18/2018 | 340 | ORDER dated 6/17/18 approving [324] Third joint interim application of the receiver and Otterbourg P.C. for allowance of compensation and reimbursement of expenses incurred during the period January 1, 2018 through March 31, 2018. ( Ordered by Judge Brian M. Cogan on 6/17/2018 ) (Guzzi, Roseann) |
| 06/18/2018 | ORDER re: [337] Discovery Dispute Letter. S&W is entitled to issue the subpoena. The parties are to submit a joint proposed discovery and supplemental briefing schedule by 6/22/2018. Ordered by Judge Brian M. Cogan on 6/18/2018. (Weisberg, Peggy) | |
| 06/18/2018 | 339 | NOTICE of Appearance by David Dirisamer on behalf of Navidea Biopharmaceuticals, Inc. (notification declined or already on case) (Dirisamer, David) |
| 06/18/2018 | 338 | NOTICE of Appearance by Robert Folland on behalf of Navidea Biopharmaceuticals, Inc. (notification declined or already on case) (Folland, Robert) |
| 06/18/2018 | ORDER re: [337] Discovery Dispute Letter. S&W is entitled to issue the subpoena. The parties are to submit a joint proposed discovery and supplemental briefing schedule by 6/22/2018. Ordered by Judge Brian M. Cogan on 6/18/2018. (Weisberg, Peggy) | |
| 06/15/2018 | 337 | Letter dated June 15, 2018 Re: The Parties are unable to resolve a discovery dispute. by Receiver (Cyganowski, Melanie) |
| 06/15/2018 | ORDER re: [336]. The Receiver and the SEC's joint brief in response to Schafer and Weiner, PLLC's filings at [332] [335] is due by 6/22/2018. Counsel may file a 10-page joint memorandum, exclusive of any declaration from the SEC staff. Ordered by Judge Brian M. Cogan on 6/15/2018. (Weisberg, Peggy) | |
| 06/15/2018 | 336 | MOTION for Extension of Time to File Response/Reply as to [335] Reply in Support, [332] Memorandum in Opposition, Letter dated June 15, 2018 requesting permission to jointly respond to the two recent filings. by Receiver. (Cyganowski, Melanie) |
| 06/13/2018 | ORDER granting [334] David Joseph Dirisamer's Motion for Leave to Appear Pro Hac Vice as counsel for Interested Party Navidea Biopharmaceuticals Inc. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 6/13/2018. (Weisberg, Peggy) | |
| 06/13/2018 | ORDER granting [333] Robert C. Folland's Motion for Leave to Appear Pro Hac Vice as counsel for interested party Navidea Biopharmaceuticals Inc. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 6/13/2018. (Weisberg, Peggy) | |
| 06/13/2018 | 335 | REPLY in Support supplemental submission filed by Schafer and Weiner, PLLC. (Attachments: # (1) Exhibit Transcript of June 7 decision of Judge Nelms) (Klein, Norman) |
| 06/13/2018 | 334 | Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10507618. by Navidea Biopharmaceuticals, Inc.. (Attachments: # (1) Affidavit Dirisamer Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Proposed Order Order for Admission Pro Hac Vice, # (3) Supplement Certificates of Good Standing) (Dirisamer, David) |
| 06/13/2018 | 333 | Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10507581. by Navidea Biopharmaceuticals, Inc.. (Attachments: # (1) Affidavit Folland Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Proposed Order Order for Admission Pro Hac Vice, # (3) Supplement Certificates of Good Standing) (Folland, Robert) |
| 06/11/2018 | 332 | MEMORANDUM in Opposition to Receiver's Cross-Motion and Reply to Opposition to Schefer and weiner Final Fee Application filed by Schafer and Weiner, PLLC. (Attachments: # (1) Exhibit Exhibit A-, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H, # (9) Exhibit Exhibit I, # (10) Exhibit Exhibit J, # (11) Exhibit Exhibit K, # (12) Exhibit Exhibit L, # (13) Exhibit Exhibit M, # (14) Exhibit Exhibit N, # (15) Exhibit Exhibit O, # (16) Exhibit Exhibit P, # (17) Exhibit Exhibit Q, # (18) Exhibit Exhibit R, # (19) Exhibit Exhibit S, # (20) Exhibit Exhibit T, # (21) Exhibit Exhibit U) (Zaretsky, Michael) |
| 06/11/2018 | ORDER granting [331] Motion to Intervene. The motion to intervene (as an interested party, not as a "non-interested party," as the movant requests), is granted for the limited purpose of moving for pro hac vice admission of the movant's attorneys and, simultaneously, moving to modify the receivership stay to permit impleader of PPCO in the referenced Southern District of New York action. The requirement for a premotion conference in connection with those motions is waived. Ordered by Judge Brian M. Cogan on 6/11/2018. (Weisberg, Peggy) | |
| 06/11/2018 | 331 | MOTION to Intervene submitted by Robert C. Follan, requesting to be added as a non-interested party. Seeking leave to lift the stay of litigation against the Receivership Estate and permit Navidea to proceed with its Third Party Complaint against PPCO. (Guzzi, Roseann) |
| 06/06/2018 | 330 | RESPONSE in Opposition re [326] Final MOTION for Attorney Fees and reimbursemet of expenses Plaintiff Securities and Exchange Commission's Joinder to Receiver's: (I) Opposition to Application of Schafer & Weiner, PLLC for Allowance of Compensation and Reimbursement of Expenses Incurred From December 19, 2016 Through June 13, 2017; and (II) Cross-Motion for Disgorgement of Previously Paid Legal Fees (Dkt.##328&329), RESPONSE to Motion re [326] Final MOTION for Attorney Fees and reimbursemet of expenses filed by United States Securities and Exchange Commission. (Jacobson, Neal) |
| 06/06/2018 | 329 | MEMORANDUM in Opposition re [326] Final MOTION for Attorney Fees and reimbursemet of expenses Memorandum of Law of Melanie L. Cyganowski, as Receiver, in: (I) Opposition to Application of Schafer and Weiner, PLLC for Allowance of Compensation and Reimbursement of Expenses Incurred from December 19, 2016 Through June 13, 2017; and (II) Support of Cross-Motion for Disgorgement of Previously Paid Legal Fees filed by Receiver. (Attachments: # (1) Exhibit A.) (Cyganowski, Melanie) |
| 06/06/2018 | 328 | Cross MOTION to Compel Notice by Melanie L. Cyganowski, as Receiver, of: (I) Opposition to Application of Schafer and Weiner, PLLC for Allowance of Compensation and Reimbursement of Expenses Incurred from December 19, 2016 Through June 13, 2017; and (II) Cross-Motion for Disgorgement of Previously Paid Legal Fees by Receiver. (Cyganowski, Melanie) |
| 05/29/2018 | 327 | AFFIDAVIT/AFFIRMATION re [326] Final MOTION for Attorney Fees and reimbursemet of expenses Proof of Service by Schafer and Weiner, PLLC (Klein, Norman) |
| 05/29/2018 | 326 | Final MOTION for Attorney Fees and reimbursemet of expenses by Schafer and Weiner, PLLC. (Attachments: #(1) Exhibit A-SFAR, #(2) Exhibit B-Summary of Fees Billed, #(3) Exhibit C- S&W Times Records ^ Expenses, #(4) Exhibit D-Expert Report, Judge Rhodes, #(5) Exhibit E-A.1 Certification, #(6) Exhibit F-M. Baum Declaration in support, #(7) Notice of Motion returnable June 12, 2018, #(8) Declaration,Supplemental of M. Baum, # (9) Proposed Order) (Klein, Norman) |
| 05/25/2018 | 325 | Third MOTION for Attorney Fees /Interim Application for Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period January 1, 2018 Through and Including March 31, 2018 by Goldin Associates, LLC. (Attachments: # (1) Exhibit A., #(2) Exhibit B., #(3) Exhibit C., #(4) Exhibit D., #(5) Exhibit E., #(6) Exhibit F., #(7) Proposed Order) (Cyganowski, Melanie) |
| 05/25/2018 | 324 | Third MOTION for Attorney Fees /Joint Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period January 1, 2018 Through and Including March 31, 2018 by Otterbourg P.C., Receiver. (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) Proposed Order) (Cyganowski, Melanie) |
| 05/21/2018 | ORDER. In light of the Status Report at [323], the Status Conference previously scheduled for 5/24/2018 is adjourned to 7/16/2018 at 10:30 am in Courtroom 8D South. The parties are required to file a Proposed Joint Agenda 48 hours prior to the conference. Ordered by Judge Brian M. Cogan on 5/21/2018. (Weisberg, Peggy) | |
| 05/18/2018 | 323 | STATUS REPORT re Proposed Agenda for 5.24.18 Status Conference by United States Securities and Exchange Commission (McGrath, Kevin) |
| 05/17/2018 | ORDER granting [322] Motion to Withdraw as Attorney. Attorney Tracy L. Dayton terminated. Ordered by Judge Brian M. Cogan on 5/17/2018. (Weisberg, Peggy) | |
| 05/17/2018 | 322 | MOTION to Withdraw as Attorney (Tracy L. Dayton) by Daniel Small. (Levine, Seth) |
| 05/15/2018 | ORDER granting in part S&W's [320] Motion for Pre Motion Conference. The promotion conference is waived. S&W may file its fee application. However, all parties are advised that if this Court finds that any party has filed papers in bad faith, the Court will not hesitate to impose sanctions, including but not limited to attorneys' fees, pursuant to Fed. R. Civ. P. 11. Moreover, the parties are advised this it is extremely unlikely that this Court is going to accept any consensual resolution of S&W's fee application, since allegations of bad faith have been raised and it is in the public interest to determine whether those allegations are valid or not. The Receiver is further advised that any letter filed in this action must include in the ECF entry line a brief description of the subject matter of the letter, e.g., "Letter response to S&W's proposed fee application", not just "Letter dated May 14, 2018 by Receiver", so that the docket remains intelligible. Ordered by Judge Brian M. Cogan on 5/15/2018. (Weisberg, Peggy) | |
| 05/14/2018 | 321 | Letter dated May 14, 2018 by Receiver (Cyganowski, Melanie) |
| 05/06/2018 | ORDER. The Receiver and any other interested parties shall file a response to Schafer and Weiner PLLC's [320] letter by 5/14/2018. Ordered by Judge Brian M. Cogan on 5/6/2018. (Weisberg, Peggy) | |
| 05/04/2018 | 320 | MOTION for pre motion conference by Schafer and Weiner, PLLC. (Klein, Norman) |
| 04/25/2018 | 319 | DECLARATION /Supplemental Declaration of Kenneth T. Latz {279} by Receiver (Cyganowski, Melanie) |
| 04/23/2018 | 318 | ORDER dated 4/23/18 APPROVING RECEIVERS MOTION FOR ORDER APPROVING THE SALE OF CERTAIN LIFE INSURANCE POLICIES re: [311 ] that the Sale Motion is granted; that the Receiver may proceed to close on the sales contemplated by the PSAs once all conditions to closing have been satisfied; that the objections to the sale are overruled, except to the extent that any priority held by an objector shall attach to the proceeds of this sale. ( Ordered by Judge Brian M. Cogan on 4/23/2018 ) (Guzzi, Roseann) |
| 04/20/2018 | 317 | STATUS REPORT / Receiver's Third Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie) |
| 04/20/2018 | 316 | REPLY in Support re [311] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies /Reply Declaration of Melanie L. Cyganowski, as Receiver, in Further Support of Motion to Approve Sale of Certain Life Insurance Policies filed by Receiver. (Cyganowski, Melanie) |
| 04/16/2018 | 315 | DECLARATION re [311] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies by Receiver (Attachments: # (1) Exhibit 1.) (Weinick, Erik) |
| 04/09/2018 | 314 | DECLARATION re [311] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies by Court-Appointed Receiver (Attachments: # (1) Exhibit) (Weinick, Erik) |
| 04/04/2018 | ORDER. In light of the Status Report at [313], the Status Conference previously scheduled for 4/9/2018 is adjourned to 5/24/2018 at 10:00 AM in Courtroom 8D South. The parties are required to file a Proposed Joint Agenda 48 hours prior to the conference. Ordered by Judge Brian M. Cogan on 4/4/2018. (Clarke, Melonie) | |
| 04/04/2018 | 313 | STATUS REPORT re Proposed Agenda for Status Conference by United States Securities and Exchange Commission (McGrath, Kevin) |
| 04/03/2018 | 312 | Letter re Notice of Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies [Dkt. No. 311] by Receiver (Cyganowski, Melanie) |
| 03/23/2018 | 311 | Notice of MOTION for Order of Sale of Melanie L. Cyganowski, As Receiver, for Entry of an Order Approving the Sale of Certain Life Insurance Policies by Receiver. (Attachments: # (1) Declaration of Melanie L. Gyganowski, # (2) Declaration of Houlihan Lokey Capital, Inc., # (3) Memorandum in Support) (Cyganowski, Melanie) |
| 03/05/2018 | 310 | ORDER re: [306] Second MOTION for Attorney Fees /Interim Application for Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2017 Through and Including December 31, 2017. ( Ordered by Judge Brian M. Cogan on 3/2/2018 ) (Guzzi, Roseann) |
| 03/05/2018 | 309 | ORDER re: [305] Second MOTION for Attorney Fees Joint Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2017 Through and Including December 31, 2017.( Ordered by Judge Brian M. Cogan on 3/2/2018 ) (Guzzi, Roseann) |
| 02/27/2018 | 308 | ORDER granting [307] Motion to Withdraw as Attorney. Attorney Sonia Marquez terminated. ( Ordered by Judge Brian M. Cogan on 2/26/2018 ) (Guzzi, Roseann) |
| 02/26/2018 | 307 | MOTION to Withdraw as Attorney (Sonia Marquez) by Jeffrey Shulse. (Mann, Michael) |
| 02/15/2018 | 306 | Second MOTION for Attorney Fees /Interim Application for Goldin Associates, LLC for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2017 Through and Including December 31, 2017 by Goldin Associates, LLC. (Attachments: # (1) Exhibit A., # (2) Exhibit B., # (3) Exhibit C., # (4) Exhibit D., # (5) Exhibit E., # (6) Exhibit F., # (7) Proposed Order) (Cyganowski, Melanie) |
| 02/15/2018 | 305 | Second MOTION for Attorney Fees Joint Interim Application of the Receiver and Otterbourg P.C. for Allowance of Compensation and Reimbursement of Expenses Incurred During the Period October 1, 2017 Through and Including December 31, 2017 by Otterbourg P.C., Receiver. (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) Proposed Order) (Cyganowski, Melanie) |
| 02/02/2018 | 304 | NOTICE by Receiver re [302] Status Report /Notice of filing of Corrected Second Status Report of Receiver to the Court (Attachments: # (1) Exhibit 1.) (Cyganowski, Melanie) |
| 01/29/2018 | ORDER. In light of the Status Report at [303], the Status Conference previously scheduled for 2/1/2018 is adjourned to 4/9/2018 at 10:00 am in Courtroom 8D South. The parties are required to file a Proposed Joint Agenda 48 hours prior to the conference. Ordered by Judge Brian M. Cogan on 1/29/2018. (Weisberg, Peggy) | |
| 01/29/2018 | 303 | STATUS REPORT by United States Securities and Exchange Commission, Letter re Proposed Joint Agenda by United States Securities and Exchange Commission (McGrath, Kevin) |
| 01/29/2018 | ORDER. The parties are reminded that a Proposed Joint Agenda must be filed 48 hours prior to the conference scheduled for 2/1/2018. Ordered by Judge Brian M. Cogan on 1/29/2018. (Weisberg, Peggy) | |
| 01/22/2018 | 302 | STATUS REPORT /Second Status Report To The Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie) |
| 01/22/2018 | 301 | ORDER re: [298] Motion for authorizing the receiver's application to retain and pay Leite, Tosto E Barros Advogados Associados. ( Ordered by Judge Brian M. Cogan on 1/18/2018 ) (Guzzi, Roseann) |
