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 |
|---|---|---|
| 10/18/2018 | 400 | Letter MOTION for Protective Order dated October 18, 2018 Requesting that the Court "So Order" the Protective Orders by Receiver. (Attachments: # (1) Proposed Order Confidentiality Agreement & Protective Order, # (2) Proposed Order Confidentiality Agreement & Protective Order) (Cyganowski, Melanie) |
| 10/16/2018 | 399 | DECLARATION re [174] Memorandum in Support,, Supplemental Declaration of Melanie L. Cyganowski by Receiver (Cyganowski, Melanie) |
| 10/12/2018 | ORDER re: [398]. The Court sets a briefing schedule for motions [391][394][396] as follows: 1) defendants to file and serve their motions by 10/19/2018; 2) Receiver to file and serve opposition by 10/30/2018; 3) defendants to file and serve their reply briefs by 11/6/2018. Ordered by Judge Brian M. Cogan on 10/12/2018. (Weisberg, Peggy) | |
| 10/12/2018 | 398 | Letter MOTION for Extension of Time to File with respect to Docket Nos. 391 to 394 and 396. Receiver's Letter Setting Forth Agreed Briefing Schedule as to Motions to Compel Advancement of Legal Fees by Receiver. (Cyganowski, Melanie) |
| 10/11/2018 | ORDER granting in part [397]. The parties are directed to confer and agree upon a briefing schedule. Ordered by Judge Brian M. Cogan on 10/11/2018. (Weisberg, Peggy) | |
| 10/11/2018 | 397 | Letter MOTION for Extension of Time to File Response/Reply with respect to Docket Nos. 391 to 394 and 396. Receivers Letter Requesting Deadlines and Briefing Schedule as to Motions to Compel Advancement of Legal Fees by Receiver. (Cyganowski, Melanie) |
| 10/11/2018 | ORDER re: [396]. The promotion conference is waived. Defendant David Levy may file his motion to compel the receiver to advance reasonable attorneys' fees and defense costs. Ordered by Judge Brian M. Cogan on 10/11/2018. (Weisberg, Peggy) | |
| 10/11/2018 | 396 | Letter MOTION for pre motion conference re motion to compel the receiver to advance reasonable attorneys fees and defense costs to be incurred in the upcoming criminal trial by David Levy. (Sommer, Michael) |
| 10/11/2018 | 395 | NOTICE of Appearance by Eli B. Richlin on behalf of David Levy (aty to be noticed) (Richlin, Eli) |
| 10/11/2018 | 394 | DECLARATION re [392] MOTION to Compel the SEC Receiver to continue advancing reasonable attorney fees and defense costs Corrected Document- Exhibit E by Joseph Sanfilippo (Ford, Adam) |
| 10/10/2018 | 393 | DECLARATION re [392] MOTION to Compel the SEC Receiver to continue advancing reasonable attorney fees and defense costs Corrected Document by Joseph Sanfilippo (Ford, Adam) |
| 10/09/2018 | 392 | MOTION to Compel the SEC Receiver to continue advancing reasonable attorney fees and defense costs by Joseph Sanfilippo. (Attachments: # (1) Declaration, # (2) Exhibit 6.27.16 Signed Engagement Agreement, # (3) Exhibit 2018.07.26 letter to Receiver re JSF continued advancement of defense costs, # (4) Exhibit Platinum - Defendants - August 9, 2018 Response to SanFillipo Request for Advancement, # (5) Exhibit PPCO PPM Oct 2015, # (6) Exhibit Pay stubs, # (7) Exhibit Proposed Order, # (8) Memorandum in Support) (Ford, Adam) |
| 10/05/2018 | ORDER denying [391] as moot. The premotion conference is waived. Sanfilippo may file his motion. However, he needs to note that there is a stay against commencement of litigation against this receivership. The receivership owes a lot of people a lot of money, and even assuming Sanfilippo has a contractual right (which the receiver may not concede), he is going to have to justify getting a priority over other claimants. Ordered by Judge Brian M. Cogan on 10/5/2018. (Weisberg, Peggy) | |
| 10/05/2018 | 391 | Letter MOTION for pre motion conference by Joseph Sanfilippo. (O'Brien, Kevin) |
| 10/04/2018 | 390 | NOTICE by Uri Landesman of the death of Defendant Uri Landesman (Breslin, Eric) |
| 10/01/2018 | Minute Entry and Order for Status Conference held before Judge Brian M. Cogan on 10/1/2018. Both sides present. The Court addressed the receiver's motion to approve the retention of Wells Group of Durango, Inc. and to waive the requirements of 28 U.S.C. § 2001. For reasons stated on the record, the Court granted in part the motion to retain Wells Group, but deferred ruling on the request to waive § 2001 pending a further submission by the Receiver. See transcript for details. (Court Reporter: Annette Montalvo.) (Weisberg, Peggy) | |
| 10/01/2018 | 389 | NOTICE of Appearance by Ashley Christine Burns on behalf of Joseph Mann (aty to be noticed) (Burns, Ashley) |
| 09/28/2018 | 388 | NOTICE of Appearance by Deborah Jane Cooper on behalf of Daniel Small (aty to be noticed) (Cooper, Deborah) |
| 09/28/2018 | 387 | NOTICE of Appearance by Christos Gus Papapetrou on behalf of Daniel Small (aty to be noticed) (Papapetrou, Christos) |
| 09/28/2018 | 386 | NOTICE of Appearance by Syed Yasir Latifi on behalf of Jeffrey Shulse (aty to be noticed) (Latifi, Syed) |
| 09/27/2018 | ORDER terminating as moot [328] in light of [383] Memorandum Decision and Order. Ordered by Judge Brian M. Cogan on 9/27/2018. (Weisberg, Peggy) | |
| 09/27/2018 | ORDER re: [385]. The deadline for submitting supplemental briefs on S&W's motion for attorneys' fees and expenses is moot in light of the Court's [383] order. The deadline for submitting supplemental briefs on the receiver's motion for disgorgement of fees is stayed until such time as the receiver files for a declaratory judgment action concerning the participation agreement. Ordered by Judge Brian M. Cogan on 9/27/2018. (Weisberg, Peggy) | |
| 09/27/2018 | ORDER granting [348] Motion to Withdraw as Attorney. Attorneys William Anthony Burck and Daniel Rickert Koffmann terminated. Ordered by Judge Brian M. Cogan on 9/27/2018. (Weisberg, Peggy) | |
| 09/25/2018 | 385 | Letter dated September 26, 2018 Re: deadline for submitting supplemental briefs on September 28, 2018, see Dkt. Entry on August 9, 2018, is now moot. by Receiver (Cyganowski, Melanie) (Entered: 09/26/2018) |
| 09/26/2018 | 384 | Letter re Proposed Joint Agenda for 10.1.18 Status Conference by United States Securities and Exchange Commission (McGrath, Kevin) (Entered: 09/26/2018) |
| 09/26/2018 | 383 | MEMORANDUM DECISION AND ORDER dated 9/25/18 denying S&W's [326] Motion for fees and expenses is DENIED. ( Ordered by Judge Brian M. Cogan on 9/25/2018 ) (Guzzi, Roseann) |
| 09/26/2018 | ORDER denying as moot [369] in light of [379]. Ordered by Judge Brian M. Cogan on 9/26/2018. (Cogan, Brian) | |
| 09/14/2018 | 382 | REPLY in Support re [376] Notice of MOTION to Appoint Expert /Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order (A) Approving the Retention of Wells Group of Durango, Inc.; and (B) Waiving the Requirements of 28 U.S.C. §2001 (Action Requested) filed by Receiver. (Cyganowski, Melanie) |
| 09/13/2018 | ORDER granting [381] Ronald S. Sulllivan, Jr.'s Motion for Leave to Appear Pro Hac Vice as counsel for defendant Mark Nordlicht. 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 9/13/2018. (Weisberg, Peggy) | |
| 09/12/2018 | 381 | MOTION for Leave to Appear Pro Hac Vice Lead Counsel Filing fee $ 150, receipt number 0207-10722423. by Mark Nordlicht. (Attachments: # (1) Affidavit, # (2) Proposed Order, # (3) Certificate of Good Standing, # (4) Certificate of Good Standing) (Fryer, Lisabeth) |
| 09/12/2018 | 380 | MEMORANDUM DECISION AND ORDER, The Receiver's [357] Motion for Order of Sale is GRANTED. So Ordered by Judge Brian M. Cogan on 9/11/2018. (Lee, Tiffeny) |
| 09/07/2018 | 379 | Letter regarding Withdrawal of Objections by Piping Brook LLC, Zanhav Holding LLC (Kingsbery, Paul) |
| 09/04/2018 | 378 | REPLY in Support re [376] Notice of MOTION to Appoint Expert /Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order (A) Approving the Retention of Wells Group of Durango, Inc.; and (B) Waiving the Requirements of 28 U.S.C. §2001 /Reply Declaration of Melanie L. Cyganowski, as Receiver, in Further Support of Motion for Entry of an Order (A) Approving the Retention of Wells Group of Durango, Inc., and (B) Waiving the Requirements of 28 U.S.C. Section 2001 filed by Court-Appointed Receiver. (Cyganowski, Melanie) |
| 08/27/2018 | 377 | NOTICE of Appearance by Lisabeth Fryer on behalf of Mark Nordlicht (notification declined or already on case) (Fryer, Lisabeth) |
| 08/22/2018 | 376 | Notice of MOTION to Appoint Expert /Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order (A) Approving the Retention of Wells Group of Durango, Inc.; and (B) Waiving the Requirements of 28 U.S.C. §2001 by Court-Appointed Receiver. (Attachments: # (1) Declaration of Melanie Cyganowski, # (2) Proposed Order Ex. A, # (3) Ex.B, # (4) Declaration of Conway Mackenzie, # (5) Memorandum in Support) (Cyganowski, Melanie) |
| 08/22/2018 | ORDER In light of the SEC's letter at [375], the Status Conference previously scheduled for 8/27/2018 is adjourned to 10/1/2018 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 8/22/2018. (Weisberg, Peggy) | |
| 08/21/2018 | 375 | Letter re Proposed Joint Agenda for 8/27/18 Status Conference by United States Securities and Exchange Commission (McGrath, Kevin) |
| 08/20/2018 | ORDER granting [374] Lisabeth J. Fryer's Motion for Leave to Appear Pro Hac Vice as counsel for defendant Mark Nordlicht. 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 she 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 8/20/2018. (Weisberg, Peggy) | |
| 08/17/2018 | 374 | Amended MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10665875. by Mark Nordlicht. (Attachments: # (1) Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Proposed Order for Admission Pro Hac Vice, # (3) Supplement Certificate of Good Standing) (Fryer, Lisabeth) |
| 08/16/2018 | 373 | NOTICE by Mark Nordlicht Certificate of Good Standing (Fryer, Lisabeth) |
| 08/14/2018 | 372 | RESPONSE in Opposition re [369] Letter MOTION for pre motion conference and Objection to the Abdala Sale Motion filed by Court-Appointed Receiver. (Cyganowski, Melanie) |
| 08/13/2018 | 371 | Notice of Related Case (Bowens, Priscilla) |
| 08/13/2018 | 370 | NOTICE of Appearance by Joseph K. Grekin on behalf of Schafer and Weiner, PLLC (aty to be noticed) (Grekin, Joseph) |
| 08/10/2018 | 369 | Letter MOTION for pre motion conference by Zanhav Holding LLC, Piping Brook LLC. (Kingsbery, Paul) |
| 08/10/2018 | 368 | MEMORANDUM in Support re [367] Declaration,, /Reply Memorandum in Further Support of Motion of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receivership's Rights in and to a Gold Tailings Pond known as "Abdala" and Authorizing her to Pay the Fees and Expenses of Platinum's Brazilian Counsel filed by Receiver. (Cyganowski, Melanie) |
| 08/10/2018 | 367 | DECLARATION re [357] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinu /Reply Declaration of Melanie L. Cyganowski, as Receiver, in further support of Motion to Approve Sale of Abdala and to Pay Brazailian Counsel from the Sale Proceeds by Receiver (Attachments: # (1) Exhibit 1.) (Cyganowski, Melanie) |
| 08/09/2018 | ORDER granting [365] Motion for Extension of Time to Complete Discovery. The Receiver may proceed to take the depositions of Judge Rhodes and Mr. Baum by 8/31/2018 in New York; the deadline for submitting supplemental briefs is extended to 9/28/2018. Ordered by Judge Brian M. Cogan on 8/9/2018. (Weisberg, Peggy) | |
| 08/09/2018 | 366 | NOTICE of Appearance by Nicholas R. Marcus on behalf of Schafer and Weiner, PLLC (aty to be noticed) (Marcus, Nicholas) |
| 08/09/2018 | 365 | Letter MOTION for Extension of Time to Complete Discovery by Schafer and Weiner, PLLC. (Zaretsky, Michael) |
| 08/06/2018 | 364 | DECLARATION re [357] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinu /Declaration of Melanie L. Cyganowski, as Receiver, Filing Objections from Parties-In-Interest to Sale Motion by Receiver (Attachments: # (1) Exhibit 1., # (2) Exhibit 2., # (3) Exhibit 3.) (Cyganowski, Melanie) |
| 08/04/2018 | ORDER denying [361] [362] Motion for Discovery. S&W's position is frivolous. Both deposition notices are quashed. As to the SEC attorney, the topics about which S&W seeks to inquire are irrelevant to the resolution of the core disputes between the parties: whether the Participation Agreement required prior court approval and whether S&W put its own interests ahead of those of its client. When the SEC became aware of the alleged conflict between S&W and its client, the basis for its allegations, and the basis for its objections are either irrelevant or already within the knowledge of S&W. As for the other deposition, the Receiver does not have any factual knowledge that bears on the instant dispute. Should S&W's fee application ultimately be granted in any part, it will be reduced by $500 to make up for wasting everyone's time with this motion. All parties should be assured that any further quibbling between attorneys over the scope of discovery will be subject to a similar evaluation of their good faith, and the Court is fully prepared to increase sanctions exponentially if necessary to ensure that discovery is conducted in a reasonable manner. Ordered by Judge Brian M. Cogan on 8/4/2018. (Cogan, Brian) | |
| 08/03/2018 | ORDER denying [360] Motion for Leave to Appear Pro Hac Vice without prejudice to renewal upon compliance with Local Rule 1.3(c), which requires that in order to be admitted pro hac vice, the applicant must file a certificate of good standing from the state in which the applicant is a member of the bar which has been issued within thirty (30) days of the application. Ordered by Judge Brian M. Cogan on 8/3/2018. (Weisberg, Peggy) | |
| 08/03/2018 | ORDER denying [359] Motion for Leave to Appear Pro Hac Vice without prejudice to renewal upon compliance with Local Civil Rule 1.3(c), which requires that in order to be admitted pro hac vice, the applicant must file a certificate of good standing from the state in which the applicant is a member of the bar which has been issued within thirty (30) days of the application. Ordered by Judge Brian M. Cogan on 8/3/2018. (Weisberg, Peggy) | |
| 08/03/2018 | ORDER granting [355] [356] Motions for Leave to Appear Pro Hac Vice as counsel for creditor Schafer and Weiner PLLC. The attorneys, Joseph K. Grekin and Nicholas Robert Marcus shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall file a notice of appearance and ensure they receive electronic notification of activity in this case. Also, each 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 8/3/2018. (Weisberg, Peggy) | |
| 08/03/2018 | 363 | Letter Dated August 3, 2018 Re: Letter to Court Regarding Payment to Arbitrator. by Receiver (Cyganowski, Melanie) |
| 08/02/2018 | 362 | MOTION for Discovery Joint Letter Regarding Discovery Dispute and Receiver's Request for Leave to File Motion to Quash Notice of Deposition Issued to Receiver by Fee Applicant by Receiver. (Cyganowski, Melanie) |
| 08/02/2018 | 361 | MOTION for Discovery Joint Letter Regarding Discovery Dispute and SEC's Request for Leave to File Motion to Quash Rule 30(b)(6) Notice of Deposition by United States Securities and Exchange Commission. (Attachments: #(1) Exhibit Notice of Deposition) (McGrath, Kevin) |
| 08/02/2018 | 360 | MOTION for Leave to Appear Pro Hac Vice by Attorney Ronald S. Sullivan, Jr. as Lead Counsel Filing fee $ 150, receipt number 0207-10629222. by Mark Nordlicht. (Attachments: #(1) Affidavit, #(2) Certificate of Good Standing, #(3) Certificate of Good Standing) (Fryer, Lisabeth) |
| 08/02/2018 | 359 | MOTION for Leave to Appear Pro Hac Vice by Attorney Lisabeth Fryer as Co-Counsel Filing fee $ 150, receipt number 0207-10629142. by Mark Nordlicht. (Attachments: #(1) Affidavit, #(2) Certificate of Good Standing) (Fryer, Lisabeth) |
| 07/31/2018 | 358 | MEMORANDUM in Support re [357] Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinu filed by United States Securities and Exchange Commission. (Jacobson, Neal) |
| 07/27/2018 | 357 | Notice of MOTION for Order of Sale of Melanie L. Cyganowski, as Receiver, for Entry of an Order Approving the Sale of the Receiverships Rights in and to a Gold Tailings Pond Known as Abdala and Authorizing Her to Pay the Fees and Expenses of Platinums Brazilian Counsel by Receiver. (Attachments: # (1) Declaration of Melanie L. Cyganowski, as Receiver in Support of Motion, # (2) Proposed Order, # (3) Declaration of Houlihan Lokey Capital, Inc in Support of Receivers Motion, # (4) Memorandum in Support of Motion of Melanie L. Cyganowski, as Receiver for Entry of an Order Approving the Sale) (Cyganowski, Melanie) |
| 07/24/2018 | 356 | MOTION for Leave to Appear Pro Hac Vice by Nicholas Marcus Filing fee $ 150, receipt number 0207-10606866. by Schafer and Weiner, PLLC. (Grekin, Joseph) |
| 07/24/2018 | 355 | MOTION for Leave to Appear Pro Hac Vice by Joseph Grekin Filing fee $ 150, receipt number 0207-10606783. by Schafer and Weiner, PLLC. (Grekin, Joseph) |
| 07/20/2018 | 354 | STATUS REPORT /Receivers Fourth Status Report to the Court by Receiver (Attachments: # (1) Exhibit A., # (2) Exhibit B.) (Cyganowski, Melanie) |
| 07/20/2018 | ORDER deferring ruling on [348] Motion to Withdraw. Nordlicht has retained new counsel who have entered notices of appearance in his related criminal case. They have not done so here. It is not clear if Nordlicht intends to proceed pro se in this action; if that is not the case, his newly retained counsel should file their notices of appearance on this docket. If he intends to proceed pro se, he should file a letter informing the Court. Ordered by Judge Brian M. Cogan on 7/20/2018. (Weisberg, Peggy) | |
| 07/17/2018 | 353 | MEMORANDUM DECISION AND ORDER dated 7/16/18 denying Non-Party Navidea Biopharmaceuticals, Inc. [342] Motion Non-party Navidea Biopharmaceuticals, Inc. seeks an order lifting the litigation stay in this receivership case so that it may implead one of the companies in receivership in an action pending outside the receivership. Because the costs to the Receivership and resulting prejudice to other parties-in-interest outweigh the prejudice that Navidea might suffer from deferring its litigation, the motion is denied. ( Ordered by Judge Brian M. Cogan on 7/16/2018 ) (Guzzi, Roseann) |
| 07/12/2018 | 352 | REPLY in Support re [342] MOTION to Vacate [276] Order,,,, Litigation Stay as to Navideas Third Party Complaint Against PPCO filed by Navidea Biopharmaceuticals, Inc.. (Folland, Robert) |
| 07/12/2018 | ORDER. In light of the SEC's letter at [351], the Status Conference previously scheduled for 7/16/2018 is adjourned to 8/27/2018 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 7/12/2018. (Weisberg, Peggy) | |
| 07/11/2018 | 351 | Letter re Proposed Agenda for July 16, 2018 Status Conference by United States Securities and Exchange Commission (McGrath, Kevin) |
