Case details

Court: nysd
Docket #: 1:13-cv-05307
Case Name: Reich et al v. Lopez et al
PACER case #: 415529
Date filed: 2013-07-30
Date terminated: 2016-01-05
Date of last filing: 2016-02-19
Assigned to: Judge J. Paul Oetken
Referred to: Magistrate Judge Debra C. Freeman
Case Cause: 18:1964 Civil Remedies: Racketeering (RICO) Act
Nature of Suit: 470 Racketeer/Corrupt Organization
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
The Honorable Otto J Reich
Plaintiff
John Daniel Castiglione
Smith Valliere PLLC 1501 Broadway, 12th Floor New York, NY 10020 (212)-755-5200 Fax: (212)-755-5203 Email: jcastiglione@svlaw.com
ATTORNEY TO BE NOTICED

Mark Warren Smith
Smith Valliere PLLC 1221 Avenue of the Americas, 42nd fl New York, NY 10020 212-755-5200 Fax: 212-755-5203 Email: msmith@svlaw.com
ATTORNEY TO BE NOTICED

Noelle Marie Kowalczyk
Smith Valliere PLLC 1501 Broadway, 12th Floor New York, NY 10020 (212)-755-5200 Fax: (917)-979-4629 Email: nkowalczyk@svlaw.com
ATTORNEY TO BE NOTICED

Otto Reich Associates, LLC
Plaintiff
John Daniel Castiglione
(See above for address)
ATTORNEY TO BE NOTICED

Mark Warren Smith
(See above for address)
ATTORNEY TO BE NOTICED

Noelle Marie Kowalczyk
(See above for address)
ATTORNEY TO BE NOTICED

Leopoldo Alejandro Betancourt Lopez
Defendant
TERMINATED: 04/30/2015
Frank H. Wohl
Lankler Siffert & Wohl LLP 500 Fifth Avenue, 33rd Floor New York, NY 10110 212-921-8399 Fax: 212-764-3701 Email: fwohl@lswlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julia Claire Green
Lankler Siffert & Wohl LLP 500 Fifth Avenue, 33rd Floor New York, NY 10110 (212) 921-8399 Fax: (212) 764-3701 Email: greenju@sec.gov
TERMINATED: 12/21/2015

Pedro Jose Trebbau Lopez
Defendant
TERMINATED: 04/30/2015
Bryan Thomas West
Tew Cardenas LLP 1441 Brickell Avenue, 15th Floor Miami, FL 33131 (305)-536-8433 Fax: (305)-536-1116 Email: bryan.west@akerman.com
TERMINATED: 03/17/2014 LEAD ATTORNEY

Frank H. Wohl
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. DeMaria
Fox Rothschild LLP South Financial Center 200 South Biscayne Blvd., Suite 3590 Miami, FL 33131 305-442-6540 Fax: 305-442-6541 Email: jdemaria@foxrothschild.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francisco D'Agostino Casado
Defendant
TERMINATED: 02/17/2016
William Christopher Carmody
Susman Godfrey LLP (NYC) 560 Lexington Avenue 15th Floor New York, NY 10022 (212)-336-8330 Fax: (212)-336-8340 Email: bcarmody@susmangodfrey.com
LEAD ATTORNEY

E. Lindsay Calkins
Susman Godfrey LLP (Seattle) 1201 Third Avenue Suite 3800 Seattle, WA 98101 (206)-505-3841 Fax: (206)-516-3883 Email: lcalkins@susmangodfrey.com
ATTORNEY TO BE NOTICED

Frank H. Wohl
(See above for address)
ATTORNEY TO BE NOTICED

Shawn J. Rabin
Susman Godfrey LLP (NYC) 654 Madison Avenue New York, NY 10065 (212)-471-8347 Fax: (212)-336-8340 Email: srabin@susmangodfrey.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-07-30 1 0 COMPLAINT against Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Filing Fee $ 350.00, Receipt Number 465401073282)Document filed by Otto J Reich, Otto Reich Associates, LLC.(jd) (Entered: 07/31/2013)
2013-08-13 2 0 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT:The time for defendants to answer, move or otherwise respond to the Complaint in the above-captioned action is extended to and shall include October 4, 2013.If any defendant moves in response to the Complaint, plaintiffs shall have up to and including December 10, 2013 to file and serve their opposition to said motion(s), and the moving defendant(s) shall have up to and including January 13, 2014 to file and serve a reply. Defendants hereby accept service of process of the Summons and Complaint in the above-captioned action and waive the defense of insufficient service of process. IT IS SO ORDERED. Francisco D'Agostino Casado answer due 10/4/2013; Leopoldo Alejandro Betancourt Lopez answer due 10/4/2013; Pedro Jose Trebbau Lopez answer due 10/4/2013.( Responses due by 12/10/2013, Replies due by 1/13/2014.) (Signed by Judge J. Paul Oetken on 8/13/2013) (ama) (Entered: 08/13/2013)
2013-08-16 3 0 NOTICE OF APPEARANCE by Joseph A. DeMaria on behalf of Pedro Jose Trebbau Lopez. (DeMaria, Joseph) (Entered: 08/16/2013)
2013-08-16 4 0 NOTICE OF APPEARANCE by Bryan Thomas West on behalf of Pedro Jose Trebbau Lopez. (West, Bryan) (Entered: 08/16/2013)
2013-08-20 5 0 NOTICE OF APPEARANCE by Shawn J. Rabin on behalf of Francisco D'Agostino Casado. (Rabin, Shawn) (Entered: 08/20/2013)
2013-08-22 6 0 NOTICE OF APPEARANCE by William Christopher Carmody on behalf of Francisco D'Agostino Casado. (Carmody, William) (Entered: 08/22/2013)
2013-08-23 7 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Castiglione, John) (Entered: 08/23/2013)
2013-08-23 8 0 NOTICE OF CHANGE OF ADDRESS by John Daniel Castiglione on behalf of All Plaintiffs. New Address: Smith Valliere PLLC, 75 Rockefeller Plaza, 21st Floor, New York, New York, United States 10019, 212-755-5200. (Castiglione, John) (Entered: 08/23/2013)
2013-08-23 9 0 NOTICE OF CHANGE OF ADDRESS by Noelle Marie Kowalczyk on behalf of All Plaintiffs. New Address: Smith Valliere PLLC, 75 Rockefeller Plaza, 21st Floor, New York, New York, United States 10019, 212-755-5200. (Kowalczyk, Noelle) (Entered: 08/23/2013)
2013-10-01 10 0 NOTICE OF APPEARANCE by Frank H. Wohl on behalf of Leopoldo Alejandro Betancourt Lopez. (Wohl, Frank) (Entered: 10/01/2013)
2013-10-07 11 0 STIPULATION AND ORDER MODIFYING TIME TO RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows: (1.) The schedule previously set by the Stipulation approved by the Court's Order dated August 13, 2013 is modified as follows to conform to the Court's Individual Practices in Civil Cases, revised September 16, 2013. (2). Defendants will communicate with plaintiffs by letter, as required by the Court's Individual Practice Rule 4.B.i, no later than October 4, 2013. (3). Plaintiffs will respond by letter to defendants, as required by the Court's Individual Practice Rule 4.B.i, no later than October 11, 2013. (4). If plaintiffs do not agree to withdraw or modify the Complaint to defendants' satisfaction, defendants will request a pre-motion conference by letter, as required by the Court's Individual Practice Rule 4.A (the "Pre-Motion Conference"), no later than October 15, 2013. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/07/2012) (ama) (Entered: 10/07/2013)
2013-10-15 12 0 LETTER MOTION for Conference to seek permission to move to dismiss the complaint addressed to Judge J. Paul Oetken from Frank H. Wohl dated 10/15/2013. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 10/15/2013)
2013-10-15 13 0 LETTER addressed to Judge J. Paul Oetken from William Christopher Carmody dated October 15, 2013 re: request for pre-motion conference. Document filed by Francisco D'Agostino Casado.(Carmody, William) (Entered: 10/15/2013)
2013-10-15 14 0 LETTER addressed to Judge J. Paul Oetken from William Christopher Carmody dated October 15, 2013 re: request for pre-motion conference (correcting dkt 13). Document filed by Francisco D'Agostino Casado.(Carmody, William) (Entered: 10/15/2013)
2013-10-15 15 0 LETTER MOTION for Conference to seek permission to move to dismiss the complaint (Correcting docket 12) addressed to Judge J. Paul Oetken from Frank H. Wohl dated 10/15/2013. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 10/15/2013)
2013-10-15 16 0 LETTER addressed to Judge J. Paul Oetken from William Christopher Carmody dated October 15, 2013 re: requesting pre-motion conference (signed duplicate of Dkt. 14). Document filed by Francisco D'Agostino Casado.(Carmody, William) (Entered: 10/15/2013)
2013-10-18 17 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated October 18, 2013 re: Response to Letter from Frank H. Wohl Requesting Pre-Motion Conference. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Castiglione, John) (Entered: 10/18/2013)
2013-10-18 18 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated October 18, 2013 re: Response to Letter from William Carmody Requesting Pre-Motion Conference. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Castiglione, John) (Entered: 10/18/2013)
2013-10-22 19 0 NOTICE OF APPEARANCE by Julia Claire Green on behalf of Leopoldo Alejandro Betancourt Lopez. (Green, Julia) (Entered: 10/22/2013)
2013-10-22 20 0 ORDER granting 12 Letter Motion for Conference ; granting 15 Letter Motion for Conference. Pre-Motion Conference set for 10/30/2013 at 11:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.. SO ORDERED.(Signed by Judge J. Paul Oetken on 10/22/2013) (ama) (Entered: 10/22/2013)
2013-10-23 21 0 FIRST LETTER MOTION to Adjourn Conference (pre-motion) addressed to Judge J. Paul Oetken from Mark W. Smith dated October 23, 2013. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Castiglione, John) (Entered: 10/23/2013)
2013-10-24 22 0 ORDER granting 21 Letter Motion to Adjourn Conference Pre-Motion Conference set for 11/6/2013 at 11:00 AM before Judge J. Paul Oetken. The letter motion is granted. The Pre-Motion Conference is hereby adjourned to t 11:00 a.m. on Wednesday, November 6, 2013 (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 10/24/2013)
2013-12-23 23 0 MOTION to Dismiss. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Attachments: # 1 Certificate of Service)(Wohl, Frank) (Entered: 12/23/2013)
2013-12-23 24 0 DECLARATION of Frank H. Wohl in Support re: 23 MOTION to Dismiss.. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Attachments: # 1 Exhibit)(Wohl, Frank) (Entered: 12/23/2013)
2013-12-23 25 0 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss.. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 12/23/2013)
2013-12-27 26 0 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss.. Document filed by Francisco D'Agostino Casado. (Rabin, Shawn) (Entered: 12/27/2013)
2013-12-27 27 0 DECLARATION of Shawn J. Rabin in Support re: 23 MOTION to Dismiss.. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rabin, Shawn) (Entered: 12/27/2013)
2014-01-13 28 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST AMENDED COMPLAINT amending 1 Complaint against All Defendants.Document filed by Otto J Reich, Otto Reich Associates, LLC. Related document: 1 Complaint filed by Otto Reich Associates, LLC, Otto J Reich. (Attachments: # 1 Exhibit Certificate of Service)(Smith, Mark) Modified on 1/14/2014 (ca). Modified on 1/15/2014 (db). (Entered: 01/13/2014)
2014-01-14 29 0 FIRST AMENDED COMPLAINT amending 1 Complaint against Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez with JURY DEMAND.Document filed by Otto J Reich, Otto Reich Associates, LLC. Related document: 1 Complaint filed by Otto Reich Associates, LLC, Otto J Reich.(ama) (ca). (Entered: 01/15/2014)
2014-01-29 30 0 STIPULATION AND ORDER MODIFYING TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows: The time for defendants to answer, move or otherwise respond to the First Amended Complaint is adjourned from February 3, 2014 to February 28, 2014. If any defendant moves in response to the First Amended Complaint, plaintiffs shall have up to and including 60 days after service of said motion(s) to file and serve their opposition, and the moving defendant(s) shall have up to and including 30 days after service of plaintiffs' opposition to file and serve a reply. ENDORSEMENT: The Motion at Dkt. No. 23 is Denied as Moot. IT IS SO ORDERED. Francisco D'Agostino Casado answer due 2/28/2014; Leopoldo Alejandro Betancourt Lopez answer due 2/28/2014; Pedro Jose Trebbau Lopez answer due 2/28/2014. (Signed by Judge J. Paul Oetken on 1/29/2014) (ama) (Entered: 01/29/2014)
2014-02-28 31 0 MOTION to Dismiss Plaintiffs First Amended Complaint. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez.(Wohl, Frank) (Entered: 02/28/2014)
2014-02-28 32 0 DECLARATION of Frank H. Wohl in Support re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint.. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Attachments: # 1 Exhibit)(Wohl, Frank) (Entered: 02/28/2014)
2014-02-28 33 0 MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint.. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 02/28/2014) 2017-09-24 13:20:13 04f70bc368864440cf2c3baa2e652a250ccb4c55
2014-02-28 34 0 MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint.. Document filed by Francisco D'Agostino Casado. (Rabin, Shawn) (Entered: 02/28/2014)
2014-02-28 35 0 DECLARATION of Shawn J. Rabin in Support re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint.. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rabin, Shawn) (Entered: 02/28/2014)
2014-03-14 36 0 MOTION for Bryan Thomas West to Withdraw as Attorney. Document filed by Pedro Jose Trebbau Lopez. (Attachments: # 1 Text of Proposed Order)(West, Bryan) (Entered: 03/14/2014)
2014-03-17 37 0 ORDER granting 36 Motion to Withdraw as Attorney. The motion of Bryan T. West, of Tew Cardenas LLP, to withdraw as counsel for Defendant Pedro Trebbau Lopez in the above-captioned action is granted. The Clerk of the Court is directed to terminate the motion at docket number 36. Attorney Bryan Thomas West terminated. (Signed by Judge J. Paul Oetken on 3/17/2014) (lmb) (Entered: 03/17/2014)
2014-03-28 38 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/16/2013 before Judge J. Paul Oetken. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/30/2014.(Rodriguez, Somari) (Entered: 03/28/2014)
2014-03-28 39 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/16/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/28/2014)
2014-04-24 40 0 LETTER MOTION for Extension of Time to File Response/Reply and for extension of page limits addressed to Judge J. Paul Oetken from Mark W. Smith dated April 24, 2014. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 04/24/2014)
2014-04-28 41 0 ORDER granting 40 Letter Motion for Extension of Time to File Response/Reply.The requested page-limit and briefing-time extensions are hereby granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 04/28/2014)
2014-05-07 42 0 DECLARATION of Mark W. Smith in Opposition re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint., 23 MOTION to Dismiss.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Attachments: # 1 Exhibit Exhibit A to Declaration of Mark W. Smith, Esq., # 2 Exhibit Exhibit B to Declaration of Mark W. Smith, Esq., # 3 Exhibit Exhibit C to Declaration of Mark W. Smith, Esq., # 4 Exhibit Exhibit D to Declaration of Mark W. Smith, Esq., # 5 Exhibit Exhibit E to Declaration of Mark W. Smith, Esq., # 6 Exhibit Exhibit F to Declaration of Mark W. Smith, Esq., # 7 Exhibit Exhibit G to Declaration of Mark W. Smith, Esq., # 8 Exhibit Exhibit H to Declaration of Mark W. Smith, Esq., # 9 Exhibit Exhibit I to Declaration of Mark W. Smith, Esq., # 10 Exhibit Exhibit J to Declaration of Mark W. Smith, Esq., # 11 Exhibit Exhibit K to Declaration of Mark W. Smith, Esq.)(Smith, Mark) (Entered: 05/07/2014)
42 1 Exhibit Exhibit A to Declaration of Mark W. Smith, Esq.
42 2 Exhibit Exhibit B to Declaration of Mark W. Smith, Esq.
42 3 Exhibit Exhibit C to Declaration of Mark W. Smith, Esq.
42 4 Exhibit Exhibit D to Declaration of Mark W. Smith, Esq.
42 5 Exhibit Exhibit E to Declaration of Mark W. Smith, Esq.
42 6 Exhibit Exhibit F to Declaration of Mark W. Smith, Esq.
42 7 Exhibit Exhibit G to Declaration of Mark W. Smith, Esq.
42 8 Exhibit Exhibit H to Declaration of Mark W. Smith, Esq.
42 9 Exhibit Exhibit I to Declaration of Mark W. Smith, Esq.
42 10 Exhibit Exhibit J to Declaration of Mark W. Smith, Esq.
42 11 Exhibit Exhibit K to Declaration of Mark W. Smith, Esq.
2014-05-07 43 0 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss., 31 MOTION to Dismiss Plaintiffs First Amended Complaint. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 05/07/2014)
2014-05-07 44 0 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss., 31 MOTION to Dismiss Plaintiffs First Amended Complaint. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 05/07/2014)
2014-05-15 45 0 NOTICE OF CHANGE OF ADDRESS by Joseph A. DeMaria on behalf of Leopoldo Alejandro Betancourt Lopez. New Address: Fox Rothschild LLP, 200 S. Biscayne Blvd., Suite 3590, Miami, Florida, 33131 33328, 305-442-65540. (DeMaria, Joseph) (Entered: 05/15/2014)
2014-06-16 46 0 MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint. . Document filed by Francisco D'Agostino Casado. (Rabin, Shawn) (Entered: 06/16/2014)
2014-06-16 47 0 REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint. . Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 06/16/2014)
2014-06-25 48 0 NOTICE of Withdrawal of Appearance. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 06/25/2014)
2014-06-30 49 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated 6/26/2014 re: Plaintiffs request permission to file a short sur-reply (no more than 5 pages in length) on or after July 9, 2014. ENDORSEMENT: Granted. Plaintiffs may file a sur-reply, no longer than five pages, by July 16, 2014., ( Surreplies due by 7/16/2014.) (Signed by Judge J. Paul Oetken on 6/30/2014) (lmb) (Entered: 06/30/2014)
2014-07-16 50 0 REPLY MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Plaintiffs First Amended Complaint. Plaintiffs' Sur-Reply Memorandum of Law. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 07/16/2014)
2014-07-17 51 0 LETTER addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 7/17/2014 re: to inform the Court that the decision in Petroleos Mexicanos v. SK Engineering & Construction Co., 12 Civ. 9070,2013 WL 3936191 (S.D.N.Y. July 30,2013) has been affirmed by the Second Circuit. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 07/17/2014)
2014-07-21 52 0 NOTICE OF CHANGE OF ADDRESS by Mark Warren Smith on behalf of Otto Reich Associates, LLC, Otto J Reich. New Address: Smith Valliere PLLC, 1221 Avenue of the Americas, 42nd Floor, New York, New York, United States 10020, 2127555200. (Smith, Mark) (Entered: 07/21/2014)
2014-07-21 53 0 NOTICE OF CHANGE OF ADDRESS by Noelle Marie Kowalczyk on behalf of Otto Reich Associates, LLC, Otto J Reich. New Address: Smith Valliere PLLC, 1221 Avenue of the Americas, 42nd Floor, New York, New York, United States 10020, 2127555200. (Kowalczyk, Noelle) (Entered: 07/21/2014)
2014-07-22 54 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to File Memo of Law Responding to Sur-Reply . Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) Modified on 7/24/2014 (ldi). (Entered: 07/22/2014)
2014-07-24 55 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Sur-Reply . Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) Modified on 7/25/2014 (lb). (Entered: 07/24/2014)
2014-07-24 56 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 55 MOTION for Leave to File Sur-Reply . . Document filed by Francisco D'Agostino Casado. (Rabin, Shawn) Modified on 7/25/2014 (lb). (Entered: 07/24/2014)
2014-07-25 57 0 MOTION for Leave to File Sur-Reply . Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) (Entered: 07/25/2014)
2014-08-01 58 0 MEMORANDUM OF LAW in Opposition re: 57 MOTION for Leave to File Sur-Reply . . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 08/01/2014)
2014-08-18 59 0 OPINION AND ORDER re: 57 MOTION for Leave to File Sur-Reply . filed by Francisco D'Agostino Casado, 31 MOTION to Dismiss Plaintiffs First Amended Complaint. filed by Leopoldo Alejandro Betancourt Lopez, Francisco D'Agostino Casado, Pedro Jose Trebbau Lopez. For the foregoing reasons, Defendants' motion to dismiss (Docket No. 31) is GRANTED in part and DENIED in part. Claims I and II (RICO) and VII (civil conspiracy) are dismissed. Defendant D'Agostino's motion for leave to file a sur-reply (Docket No. 57) is granted. The parties shall confer on the appropriate scope and schedule for jurisdictional discovery and submit a joint letter to the Court with a proposed schedule on or before September 12, 2014. The Clerk of Court is directed to close the motions at Docket Nos. 31 and 57. (Signed by Judge J. Paul Oetken on 8/18/2014) (lmb) (Entered: 08/18/2014)
2014-08-27 60 0 LETTER addressed to Judge J. Paul Oetken from Shawn J. Rabin dated August 27, 2014 re: Answer due date. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Text of Proposed Order)(Rabin, Shawn) (Entered: 08/27/2014)
2014-08-27 61 0 ORDER SETTING FORTH ANSWER DEADLINE: IT IS HEREBY ORDERED, as follows: 1. Defendant D'Agostino shall file and serve his Answer by September 16, 2014. 2. If Defendant D'Agostino decides to file a motion relating to his Answer, then he shall do so by September 8, 2014., Francisco D'Agostino Casado answer due 9/16/2014.( Motions due by 9/8/2014.) (Signed by Judge J. Paul Oetken on 8/27/2014) (lmb) (Entered: 08/27/2014)
2014-08-28 62 0 LETTER addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 8/28/2014 re: time to answer. Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez.(Wohl, Frank) (Entered: 08/28/2014)
2014-08-29 63 0 MEMO ENDORSED on 62 Letter filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. ENDORSEMENT: So Ordered. ( Motions due by 9/12/2014.) (Signed by Judge J. Paul Oetken on 8/29/2014) (js) (Entered: 08/29/2014)
2014-09-02 64 0 MOTION for Reconsideration or, in the alternative, for Interlocutory Appeal. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 09/02/2014)
2014-09-02 65 0 MEMORANDUM OF LAW in Support re: 64 MOTION for Reconsideration or, in the alternative, for Interlocutory Appeal. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 09/02/2014)
2014-09-05 66 0 MOTION to Stay Obligations To Answer. Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez.(Wohl, Frank) (Entered: 09/05/2014)
2014-09-05 67 0 DECLARATION of Defendant Pedro Jose Trebbau Lopez in Support re: 66 MOTION to Stay Obligations To Answer.. Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 09/05/2014)
2014-09-05 68 0 DECLARATION of Defendant Leopoldo Alejandro Betancourt Lopez in Support re: 66 MOTION to Stay Obligations To Answer.. Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wohl, Frank) (Entered: 09/05/2014)
2014-09-05 69 0 MEMORANDUM OF LAW in Support re: 66 MOTION to Stay Obligations To Answer. . Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 09/05/2014)
2014-09-05 70 0 MOTION to Stay Obligation to Answer the First Amended Complaint. Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) (Entered: 09/05/2014)
2014-09-05 71 0 MEMORANDUM OF LAW in Support re: 70 MOTION to Stay Obligation to Answer the First Amended Complaint. . Document filed by Francisco D'Agostino Casado. (Rabin, Shawn) (Entered: 09/05/2014)
2014-09-09 72 0 LETTER MOTION for Extension of Time to File Answer to Plaintiffs' First Amended Complaint addressed to Judge J. Paul Oetken from Shawn J. Rabin dated September 9, 2014. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Text of Proposed Order)(Rabin, Shawn) (Entered: 09/09/2014)
2014-09-09 73 0 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Mark W. Smith dated September 9, 2014 re: 72 LETTER MOTION for Extension of Time to File Answer to Plaintiffs' First Amended Complaint addressed to Judge J. Paul Oetken from Shawn J. Rabin dated September 9, 2014. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 09/09/2014)
2014-09-10 74 0 ORDER granting 66 Motion to Stay re: 1 Complaint; denying 70 Motion to Stay; granting 72 Motion for Extension of Time to Answer re 1 Complaint. Defendant Francico D'Agostino Casado's motion to stay his obligation to answer is denied. His answer is due on September 16, 2014. Defendants Leopoldo Alejandro Betancourt Lopez ("Betancourt") and Pedro Jose Trebbau Lopez's ("Trebbau") motions to stay their obligations to answer are granted. Betancourt and Trebbau's obligations to answer are stayed pending resolution of their personal jurisdiction objections. If the Court determines that they are subject to its jurisdiction, their answers will be due ten days following the issuance of the Court's order denying their motions to dismiss on the basis of personal jurisdiction. The Clerk of the Court is directed to close the motions at docket numbers 66, 70, and 72. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/10/2014) (ja) (Entered: 09/10/2014)
2014-09-12 75 0 JOINT LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated September 12, 2014 re: Joint Submission re Discovery. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 09/12/2014) 2014-09-17 04:56:13 fb53af721a8d6ab6c7fb42afa36ba96064f873c2
2014-09-16 76 0 ANSWER to 29 Amended Complaint,. Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) (Entered: 09/16/2014) 2014-09-17 04:48:22 8a7f72dc0002a7bee9bf4880416c12c1c0304510
2014-09-16 77 0 MEMORANDUM OF LAW in Opposition re: 64 MOTION for Reconsideration or, in the alternative, for Interlocutory Appeal. . Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 09/16/2014)
2014-09-19 78 0 LETTER MOTION for Leave to File Excess Pages addressed to Judge J. Paul Oetken from Mark W. Smith dated September 19, 2014. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 09/19/2014)
2014-09-22 79 0 ORDER granting 78 Letter Motion for Leave to File Excess Pages.Plaintiffs' request is granted. Plaintiffs' reply brief may not exceed 12 pages in length. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 09/22/2014)
2014-09-23 80 0 REPLY MEMORANDUM OF LAW in Support re: 64 MOTION for Reconsideration or, in the alternative, for Interlocutory Appeal. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 09/23/2014)
2014-10-01 81 0 MOTION for Leave to File Surreply Memorandum of Law in Further Opposition to Plaintiffs' Motion for Partial Reconsideration of the Court's August 18, 2014 Opinion. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez.(Wohl, Frank) (Entered: 10/01/2014)
2014-10-01 82 0 DECLARATION of Frank H. Wohl in Support re: 81 MOTION for Leave to File Surreply Memorandum of Law in Further Opposition to Plaintiffs' Motion for Partial Reconsideration of the Court's August 18, 2014 Opinion.. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Attachments: # 1 Exhibit Proposd Surreply)(Wohl, Frank) (Entered: 10/01/2014)
2014-10-09 83 0 ORDER: the following schedule for discovery is hereby adopted: Betancourt and Trebbau shall respond to Plaintiffs' interrogatories and document requests by October 15, 2014. Plaintiffs shall notify Betancourt and Trebbau of any depositions Plaintiffs intend to take or additional discovery they intend to request by October 29, 2014. Plaintiffs may conduct a four-hour deposition of Betancourt and a four-hour deposition of Trebbau by November 21, 2014. If Betancourt and Trebbau are unable to sit for their depositions in New York, the parties shall conduct those depositions via videoconference. The parties shall submit a joint letter on the status of jurisdictional discovery by November 28, 2014. If no additional discovery is necessary, Betancourt and Trebbau shall file a renewed motion to dismiss for lack of personal jurisdiction by December 8, 2014. Motions due by 12/8/2014. Deposition due by 11/21/2014. (Signed by Judge J. Paul Oetken on 10/9/2014) (tn) (Entered: 10/09/2014)
2014-10-10 84 0 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Mark W. Smith dated October 10, 2014. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 10/10/2014)
2014-10-14 85 0 AMENDED ORDER granting 84 Letter Motion for Extension of Time to Complete Discovery. Initial discovery will be limited to the issue of whether Defendants Leopoldo Alejandro Betancourt Lopez ("Betancourt") and Pedro Jose Trebbau Lopez ("Trebbau") are subject to the personal jurisdiction of this Court. Accordingly, the following schedule for discovery is hereby adopted as further set forth in this order. Deposition due by 11/21/2014. Motions due by 12/8/2014. (Signed by Judge J. Paul Oetken on 10/14/2014) (lmb) (Entered: 10/14/2014)
2014-11-05 86 0 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 11/5/2014. Document filed by Leopoldo Alejandro Betancourt Lopez. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit A (Part 3), # 4 Exhibit A (Part 4), # 5 Exhibit B (Part 1), # 6 Exhibit B (Part 2), # 7 Exhibit C (Part 1), # 8 Exhibit C (Part 2), # 9 Exhibit D, # 10 Exhibit E (Part 1), # 11 Exhibit E (Part 2), # 12 Exhibit E (Part 3), # 13 Exhibit F)(Wohl, Frank) (Entered: 11/05/2014)
2014-11-05 87 0 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Joseph A. DeMaria of Fox Rothschild LLP dated 11/5/14. Document filed by Pedro Jose Trebbau Lopez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeMaria, Joseph) (Entered: 11/05/2014)
2014-11-06 88 0 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 11/6/2014. Document filed by Leopoldo Alejandro Betancourt Lopez. (Attachments: # 1 Exhibit A)(Wohl, Frank) (Entered: 11/06/2014)
2014-11-07 89 0 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Mark W. Smith dated November 7, 2014 re: 88 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 11/6/2014. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 11/07/2014)
2014-11-10 90 0 ORDER: granting 88 Letter Motion for Local Rule 37.2 Conference. Granted. Pending a ruling on Defendants' request for a confidentiality order (or further order of this Court), Plaintiffs and their counsel shall keep confidential any documents collected from parties or third parties in this litigation. (Signed by Judge J. Paul Oetken on 11/10/2014) (djc) (Entered: 11/10/2014)
2014-11-10 91 0 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Mark W. Smith dated November 10, 2014 re: 86 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 11/5/2014. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 11/10/2014)
2014-11-10 92 0 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Mark W. Smith dated November 10, 2014 re: 87 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Joseph A. DeMaria of Fox Rothschild LLP dated 11/5/14. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 11/10/2014)
2014-11-10 93 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Mark W. Smith dated November 10, 2014. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) Modified on 11/12/2014 (db). (Entered: 11/10/2014)
2014-11-11 94 0 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Mark W. Smith dated November 11, 2014. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 11/11/2014)
2014-11-11 95 0 LETTER addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 11/11/2014 re: jurisdictional discovery disputes. Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Attachments: # 1 Exhibit)(Wohl, Frank) (Entered: 11/11/2014)
95 1 Exhibit
2014-11-12 96 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated November 10, 2014 re: Request for Local Rule 37.2 Conference. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 11/12/2014)
2014-11-13 97 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated November 13, 2014 re: request for adjournment of discovery schedule. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 11/13/2014)
2014-11-13 98 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated November 13, 2014 re: Request for revised jurisdictional discovery deadlines. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 11/13/2014)
2014-11-13 99 0 LETTER addressed to Judge J. Paul Oetken from Joseph A. DeMaria of Fox Rothschild dated November 13, 2014 re: Response to Mark Smith's November 13th letter (DE 98). Document filed by Pedro Jose Trebbau Lopez.(DeMaria, Joseph) (Entered: 11/13/2014)
2014-11-14 100 0 LETTER addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 11/14/2014 re: concerning the deadline for depositions in the Court's November 13,2014 discovery order. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 11/14/2014)
2014-11-13 103 0 ORDER granting 94 Letter Motion for Extension of Time to Complete Discovery: As a preliminary matter, the parties are ordered to meet and confer for the purpose of reaching an agreement on a confidentiality regime. Until the parties reach an agreement on confidentiality, they shall treat as confidential all information obtained in this phase of discovery - i.e., all such information will be used only for purposes of this litigation and will not be disclosed to third parties, and the parties shall file any papers containing such information under seal. The Court hereby makes the following rulings regarding the production of documents, as further set forth in this order. The parties may reschedule the depositions to a date no later than December 1, 2014. Betancourt and Trebbau are directed to complete document production by November 24, 2014. Betancourt and Trebbau are directed to file their renewed motion to dismiss on personal jurisdiction grounds by December 14, 2014. Deposition due by 12/1/2014. Motions due by 12/14/2014. (Signed by Judge J. Paul Oetken on 11/13/2014) (tn) (Entered: 11/14/2014)
2014-11-17 104 0 MEMO ENDORSEMENT on re: 98 Letter filed by Otto Reich Associates, LLC, Otto J Reich. ENDORSEMENT: Plaintiffs' requested extension is granted. Betancourt and Trebbau shall complete document production no later than December 5, 2014. The depositions of Betancourt and Trebbau shall occur no later than December 14, 2014. Betancourt and Trebbau shall file their renewed motions to dismiss no later than December 28, 2014. (Signed by Judge J. Paul Oetken on 11/14/2014) (djc) (Entered: 11/17/2014) 2014-11-20 23:59:20 bdee98cd10f2ee87aab58c46488de849015f943e
2014-12-03 105 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 12/03/2014)
2014-12-04 106 0 ORDER: Betancourt and Trebbau's request for a protective order is granted. Plaintiffs are not entitled to discovery of banking or credit card records concerning Betancourt or Trebbau. Banking and credit card records include bank statements, credit card statements, checks, deposit records, credit card receipts, transfer instructions, opening and closing documents, and other similar documents reflecting Defendants' banking, investment, or financial transactions. Plaintiffs' subpoenas to J.P. Morgan Chase, Citibank, and American Express are hereby quashed to the extent that they seek Betancourt's or Trebbau's personal banking or credit card records. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/04/2014) (ama) (Entered: 12/04/2014) 2014-12-07 00:03:17 a96c01bfea476d1be6a10492fca942771698c638
2014-12-04 107 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 12/04/2014)
2014-12-05 108 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 12/05/2014)
2014-12-23 109 0 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. Document filed by Pedro Jose Trebbau Lopez. Responses due by 1/6/2015(DeMaria, Joseph) (Entered: 12/23/2014)
2014-12-23 110 0 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 12/23/2014)
2014-12-24 111 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 12/24/2014)
2014-12-29 112 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 12/29/2014)
2014-12-30 113 0 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Mark W. Smith dated December 30, 2014. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 12/30/2014)
2014-12-31 114 0 ORDER granting 113 Letter Motion for Extension of Time to File Response/Reply Plaintiffs' requested extension is granted. The deadline to respond to the renewed motion to dismiss is now January 13, 2015. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 12/31/2014)
2015-01-05 115 0 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Mark W. Smith dated January 5, 2015. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 01/05/2015)
2015-01-07 116 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 01/07/2015)
2015-01-07 117 0 ORDER granting in part and denying in part 115 Letter Motion for Extension of Time to File Response/Reply.Plaintiffs' request for an extension is granted in part. The deadline to oppose Defendants' renewed motion to dismiss is hereby extended to January 15, 2015. Plaintiffs' request that the Court reconsider its prior holding regarding bank records is denied. Plaintiffs' request that the Court clarify its prior order concerning Mr. Travieso is denied without prejudice to its renewal at a later date. Plaintiffs' requests for orders compelling Defendants to produce various additional documents are denied without prejudice to their renewal at a later date. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 01/07/2015)
2015-01-20 118 0 LETTER MOTION for Extension of Time to File Response/Reply as to 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint., 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 1/20/2015. Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez.(Wohl, Frank) (Entered: 01/20/2015)
2015-01-21 119 0 ORDER granting 118 Letter Motion for Extension of Time to File Response/Reply. Betancourt and Trebbau's requested extension is granted. The reply shall be filed on or before January 28, 2015. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 01/21/2015)
2015-01-29 120 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 01/29/2015)
2015-01-29 121 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 01/29/2015)
2015-01-29 122 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 01/29/2015)
2015-01-30 123 0 MOTION for Leave to File Surreply . Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 01/30/2015)
2015-02-02 124 0 ORDER granting 123 Motion for Leave to File Document.Plaintiffs' request for leave to file a surreply is hereby granted (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 02/02/2015)
2015-02-04 125 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 02/04/2015)
2015-02-04 126 0 MOTION for Leave to File Surreply Memorandum Of Law in Further Support of Renewed Motion To Dismiss . Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 02/04/2015) 2015-02-04 16:03:33 b0e864fd578333847674c037c71e19528b84a555
2015-02-04 127 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 02/04/2015)
2015-02-05 128 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 02/05/2015)
2015-03-10 129 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith, Esq. dated March 10, 2015 re: Supplemental Information Supporting Plaintiffs' Opposition to Defendants' Renewed Motions to Dismiss. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 03/10/2015) 2015-03-10 19:38:30 6ab0215827af12a3fa540d688f12b2bd63b291de
2015-03-10 130 0 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 03/10/2015) 2015-03-16 00:31:10 34f4a1247460c947ab925418a94f564e9dd67b86
2015-03-10 131 0 DECLARATION of Mark W. Smith, Esq. in Support re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 03/10/2015) 2015-03-16 00:32:30 9a5802ab633e0789857e9bb0576ddaae0c257c23
2015-03-10 132 0 MEMORANDUM OF LAW in Support re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 03/10/2015) 2015-03-16 00:36:26 119374590a2290d123c22f022df83e3519fa346f
2015-03-17 133 0 LETTER MOTION for Extension of Time to File Response/Reply as to 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court. addressed to Judge J. Paul Oetken from Julia C. Green of Lankler Siffert & Wohl LLP dated 3/17/2015. Document filed by Leopoldo Alejandro Betancourt Lopez. (Attachments: # 1 Text of Proposed Order)(Green, Julia) (Entered: 03/17/2015) 2015-03-19 04:16:31 27bdfdfa3c5ee3c415a8e794220fce601ea405dd
133 1 Text of Proposed Order
2015-03-19 134 0 ORDER granting 133 Letter Motion for Extension of Time to File Response/Reply.Defendants' requested extension is granted. The proposed briefing schedule is hereby adopted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/19/2015)
2015-03-24 135 0 LETTER addressed to Judge J. Paul Oetken from Steven Bodzin dated 3/24/2015 re: Writing in Support of Plaintiff's Motion to Unseal Documents. (kko) (Entered: 03/24/2015) 2015-04-07 00:53:34 39af17087310d10534335fca46023ad54d03ce5d
2015-03-24 136 0 ORDER: The parties are hereby ordered to appear for a telephone conference on March 26, 2015, at 11:00 AM, to discuss the pending motion to unseal the docket in this case. The parties are directed to jointly call 212-805-0266 at 10:55 AM. (Telephone Conference set for 3/26/2015 at 11:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 3/24/2015) (kko) (Entered: 03/24/2015) 2015-04-07 01:01:36 0884bf3248d8af5af588e9bef3af4f3630bf28a0
2015-03-26 137 0 ORDER: As indicated at the telephone conference today, the following deadlines are hereby ordered: April 3, 2015: (1) Defendants shall file on ECF redacted copies of the memoranda of law, attorney affidavits, and statements of fact relating to Betancourt and Trebbau's renewed motions to dismiss; (2) the parties shall file on ECF their proposed confidentiality orders; April 10, 2015: (1) the parties shall submit (to Chambers, copying counsel) letters regarding the proposed confidentiality orders; (2) Defendants shall file their opposition(s) to Plaintiffs' motion to unseal documents (Dkt. No. 130); April 29, 2015: Plaintiffs shall submit their reply, if any, in support of their motion to unseal documents. Set Deadlines/Hearing as to 130 MOTION to Unseal Documents and Correspondence Filed Under Seal with the Court: (Responses due by 4/10/2015, Replies due by 4/29/2015.) (Signed by Judge J. Paul Oetken on 3/26/2015) (kko) (Entered: 03/26/2015)
2015-04-03 138 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/26/2015 before Judge J. Paul Oetken. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2015. Redacted Transcript Deadline set for 5/7/2015. Release of Transcript Restriction set for 7/6/2015.(McGuirk, Kelly) (Entered: 04/03/2015)
2015-04-03 139 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/26/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/03/2015)
2015-04-03 140 0 DECLARATION of Frank H. Wohl (Redacted) in Support re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint.. Document filed by Leopoldo Alejandro Betancourt Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:12:39 d3ebf6b8f973449b8af9f0270642b2cb89c5805d
2015-04-03 141 0 MEMORANDUM OF LAW in Support re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint. (Redacted). Document filed by Leopoldo Alejandro Betancourt Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:13:30 96eff472fb64130485911f503d0343bc523e1be7
2015-04-03 142 0 REPLY MEMORANDUM OF LAW in Support re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint. (Redacted). Document filed by Leopoldo Alejandro Betancourt Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:15:32 0af46a88f7921d1275bfd546af4671880b7058c5
2015-04-03 143 0 DECLARATION of Joseph A. DeMaria in Support re: 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint.. Document filed by Pedro Jose Trebbau Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:19:31 a3f10deb8998033da6a1fa5a87c2f3711ae37b0e
2015-04-03 144 0 MEMORANDUM OF LAW in Support re: 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. (Redacted). Document filed by Pedro Jose Trebbau Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:35:53 e7e43af38eae06066df1827875b5a3fc1e8390c8
2015-04-03 145 0 REPLY MEMORANDUM OF LAW in Support re: 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. (Redacted). Document filed by Pedro Jose Trebbau Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:41:28 b55aea3420562b8765227ffba9d725016e4aee8d
2015-04-03 146 0 DECLARATION of Joseph A. DeMaria in Support re: 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint.. Document filed by Pedro Jose Trebbau Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:48:37 ee9e255dd53218267863112076a732a6dc971865
2015-04-03 147 0 DECLARATION of Mark W. Smith (Redacted) in Opposition re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint., 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:21:33 94b1e8d0d04de839846b374d9e047ba819b9f41d
2015-04-03 148 0 RESPONSE in Opposition to Motion re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint. (Redacted Statement of Facts - Part1). Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:25:32 6de59c631e7f3f2251d5b2867336e22db24f72fc
2015-04-03 149 0 RESPONSE in Opposition to Motion re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint. (Redacted Statement of Facts - Part 2). Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:50:41 143716055c0c1318db26804cdf3a35eeca28e640
2015-04-03 150 0 RESPONSE in Opposition to Motion re: 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. (Redacted Statement of Facts). Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-06 23:59:31 4fbf42e40907311130f3cf9a2464001fe7dc3393
2015-04-03 151 0 MEMORANDUM OF LAW in Opposition re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint., 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. (Redacted). Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-07 00:37:31 7184dfad15414d1098c4e21e95c7c1e04224ea53
2015-04-03 152 0 REPLY MEMORANDUM OF LAW in Opposition re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint., 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint. (Redacted Surreply). Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-07 00:42:32 d58ea5c793908c527c0e862906bc6718bf8304bf
2015-04-03 153 0 DECLARATION of Mark W. Smith (Redacted) in Opposition re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint., 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-07 00:43:29 def080d04d99fa03e307eb6c3a62f96cec1606e3
2015-04-03 154 0 DECLARATION of Mark W. Smith (Redacted) in Support re: 123 MOTION for Leave to File Surreply .. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Green, Julia) (Entered: 04/03/2015) 2015-04-07 00:43:54 eafb467188430d0a8a3934443942ff79b9a461f7
2015-04-03 155 0 DECLARATION of Julia C. Green in Support re: 126 MOTION for Leave to File Surreply Memorandum Of Law in Further Support of Renewed Motion To Dismiss .. Document filed by Leopoldo Alejandro Betancourt Lopez. (Green, Julia) (Entered: 04/03/2015) 2015-04-07 00:45:43 17b254a683b902147bb2174e56927e8e7619b4e5
2015-04-03 156 0 LETTER addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 4/3/2015 re: regarding protective order. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 04/03/2015) 2015-04-07 00:51:34 fecc0bd631ac1948d32cc2e3e7ec3a9b4411d149
2015-04-03 157 0 DECLARATION of Otto J. Reich in Opposition re: 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs First Amended Complaint., 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 04/03/2015) 2015-04-06 23:23:36 6b81353ec97ba62bc5e2e0d3fc711d463a61e045
2015-04-03 158 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith dated April 3, 2015 re: Plaintiffs' Proposed Confidentiality Order. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 04/03/2015) 2015-04-06 23:09:36 940de4df4dfb8c1b452b231da6554232b7d259f8
2015-04-10 159 0 LETTER addressed to Judge J. Paul Oetken from Frank H. Wohl of Lankler Siffert & Wohl LLP dated 4/10/2015 re: in response to the proposed protective order submitted by Plaintiffs on April 3, 2015. Document filed by Leopoldo Alejandro Betancourt Lopez.(Wohl, Frank) (Entered: 04/10/2015)
2015-04-10 160 0 DECLARATION of Defendant Pedro Jose Trebbau Lopez (Redacted) in Opposition re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court.. Document filed by Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 04/10/2015)
2015-04-10 161 0 DECLARATION of Defendant Leopoldo Alejandro Betancourt Lopez (Redacted) in Opposition re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court.. Document filed by Leopoldo Alejandro Betancourt Lopez. (Wohl, Frank) (Entered: 04/10/2015)
2015-04-10 162 0 DECLARATION of Frank H. Wohl (Redacted) in Opposition re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court.. Document filed by Leopoldo Alejandro Betancourt Lopez. (Wohl, Frank) (Entered: 04/10/2015)
2015-04-10 163 0 JOINT MEMORANDUM OF LAW in Opposition re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court. . Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 04/10/2015)
2015-04-13 164 0 OPINION AND ORDER re: 64 MOTION for Reconsideration or, in the alternative, for Interlocutory Appeal, filed by Otto Reich Associates, LLC, Otto J Reich, 81 MOTION for Leave to File Surreply Memorandum of Law in Further Opposition to Plaintiffs' Motion for Partial Reconsideration of the Court's August 18, 2014 Opinion, filed by Leopoldo Alejandro Betancourt Lopez, Francisco D'Agostino Casado, Pedro Jose Trebbau Lopez. For the foregoing reasons, Plaintiffs' motion for partial reconsideration or, in the alternative, for certification for interlocutory appeal, is DENIED. Defendants' motion to file a sur-reply is GRANTED. The Clerk of Court is directed to close the motions at Docket Numbers 64 and 81. (Signed by Judge J. Paul Oetken on 4/13/2015) (kko) Modified on 4/13/2015 (kko). (Entered: 04/13/2015) 2015-04-14 10:44:11 76a53a5ea76389c4ea58442d6bcf35e1a11aaf21
2015-04-13 165 0 LETTER addressed to Judge J. Paul Oetken from Mark W. Smith, Esq. dated April 10, 2015 re: (Redacted) in response to proposed protective order submitted by Defendants April 3, 2015. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 04/13/2015) 2015-04-14 10:51:09 b0c1708e850e3bcee18739a1293fbbfc7fe90425
2015-04-14 166 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 04/14/2015)
2015-04-21 167 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 04/21/2015)
2015-04-23 168 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 04/23/2015)
2015-04-27 169 0 MOTION to Amend/Correct First Amended Complaint. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 04/27/2015) 2015-04-27 18:11:23 dfa9d3f11597930bf014eb74199cacdb08a89bcd
2015-04-27 170 0 MEMORANDUM OF LAW in Support re: 169 MOTION to Amend/Correct First Amended Complaint. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 04/27/2015) 2015-04-27 18:10:36 be4b5c24dae1a40510666f06f6ee672baa2a1f9c
2015-04-27 171 0 DECLARATION of Mark W. Smith, Esq. in Support re: 169 MOTION to Amend/Correct First Amended Complaint.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Attachments: # 1 Exhibit A to Mark W. Smith, Esq. Declaration dated April 27, 2015, # 2 Exhibit B to Mark W. Smith, Esq. Declaration dated April 27, 2015)(Smith, Mark) (Entered: 04/27/2015) 2015-04-27 18:14:16 6500063231cb0729adf73f5dc2d3424192513c44
171 1 Exhibit A to Mark W. Smith, Esq. Declaration dated April 27, 2015 2015-04-27 18:21:40 26e7ce7bd51d1e9d682a7f81a7d1a54988797665
171 2 Exhibit B to Mark W. Smith, Esq. Declaration dated April 27, 2015
2015-04-28 172 0 LETTER MOTION for Extension of Time to File Reply In Further Support of Plaintiffs' Motion to Vacate the Court's Interim Sealing Order and Unseal Documents Previously Filed Under Seal addressed to Judge J. Paul Oetken from Mark W. Smith dated April 28, 2015. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 04/28/2015)
2015-04-29 173 0 ORDER re: 172 Letter Motion for Extension of Time.Plaintiffs' request is untimely. They have failed to explain why "case load and staffing issues" could not have been foreseen earlier than the day before the current deadline. Nonetheless, Plaintiffs' requested extension is granted based on the representation that Defendants do not object. Plaintiffs' reply shall be filed on or before May 1, 2015. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 04/29/2015)
2015-04-30 174 0 OPINION AND ORDER re: 126 MOTION for Leave to File Surreply Memorandum Of Law in Further Support of Renewed Motion To Dismiss, filed by Leopoldo Alejandro Betancourt Lopez, 110 MOTION to Dismiss the Third, Fourth, Fifth, and Sixth Claims in Plaintiffs' First Amended Complaint filed by Leopoldo Alejandro Betancourt Lopez, 109 MOTION to Dismiss for Lack of Jurisdiction Counts Third, Fourth, Fifth and Sixth of First Amended Complaint filed by Pedro Jose Trebbau Lopez. For the foregoing reasons, Betancourt's and Trebbau's renewed motions to dismiss are GRANTED, and this action is dismissed as against Defendants Betancourt and Trebbau pursuant to Federal Rule of Civil Procedure 12(b)(2). Betancourt's motion for leave to file a sur-surreply is DENIED as moot. The Clerk of the Court is directed to close the motions at docket numbers 109, 110, and 126. (Signed by Judge J. Paul Oetken on 4/30/2015) (kko) (Entered: 04/30/2015) 2015-05-01 03:22:54 d68fa6a3d46d9238b528f9744c3fd823362894fc
2015-04-30 175 0 ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge J. Paul Oetken on 4/30/2015) (ama) (Entered: 04/30/2015)
2015-05-04 176 0 REPLY MEMORANDUM OF LAW in Support re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 05/04/2015) 2015-05-05 14:39:28 708b13a8bdc4c7cbb12585558baa7fd9bc7b2896
2015-05-04 177 0 DECLARATION of Noelle Kowalczyk in Support re: 130 MOTION to Unseal Document s and Correspondence Filed Under Seal with the Court.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Attachments: # 1 Exhibit A to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 2 Exhibit B to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 3 Exhibit C to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 4 Exhibit D to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 5 Exhibit E to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 6 Exhibit F to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 7 Exhibit G to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015, # 8 Exhibit H to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015)(Smith, Mark) (Entered: 05/04/2015) 2015-05-05 14:36:05 690a59e8efd2974f40e3e8b225c23dd63f68ad99
177 1 Exhibit A to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015 2015-05-05 14:35:22 3baad6c2e691b7488bd717e309558a898568032f
177 2 Exhibit B to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015 2015-05-05 14:36:55 467af8a03b9b6f76266a3344e432e9823fc4b8e8
177 3 Exhibit C to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015
177 4 Exhibit D to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015
177 5 Exhibit E to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015
177 6 Exhibit F to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015
177 7 Exhibit G to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015
177 8 Exhibit H to Declaration of Noelle Kowalczyk, Esq. dated May 1, 2015
2015-05-07 178 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 05/07/2015)
2015-05-14 179 0 DECLARATION of Julia C. Green in Opposition re: 169 MOTION to Amend/Correct First Amended Complaint.. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 05/14/2015) 2015-05-18 23:12:38 02ba12b8607e3436784d5c0c7b74d7ab743757a9
2015-05-14 180 0 MEMORANDUM OF LAW in Opposition re: 169 MOTION to Amend/Correct First Amended Complaint. . Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 05/14/2015)
2015-05-14 181 0 MOTION for Reconsideration re; 174 Memorandum & Opinion,,, . Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 05/14/2015)
2015-05-14 182 0 MEMORANDUM OF LAW in Support re: 181 MOTION for Reconsideration re; 174 Memorandum & Opinion,,, . . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 05/14/2015)
2015-05-19 183 0 LETTER MOTION for Leave to File Excess Pages addressed to Judge J. Paul Oetken from Mark W. Smith, Esq. dated May 19, 2015. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 05/19/2015)
2015-05-21 184 0 DECLARATION of Mark W. Smith, Esq. in Support re: 169 MOTION to Amend/Correct First Amended Complaint.. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Attachments: # 1 Exhibit A to Reply Declaration of Mark W. Smith, Esq. dated May 21, 2015)(Smith, Mark) (Entered: 05/21/2015)
2015-05-21 185 0 REPLY MEMORANDUM OF LAW in Support re: 169 MOTION to Amend/Correct First Amended Complaint. . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 05/21/2015)
2015-06-01 186 0 JOINT MEMORANDUM OF LAW in Opposition re: 181 MOTION for Reconsideration re; 174 Memorandum & Opinion,,, . . Document filed by Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 06/01/2015)
2015-06-11 187 0 REPLY MEMORANDUM OF LAW in Support re: 181 MOTION for Reconsideration re; 174 Memorandum & Opinion,,, . . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 06/11/2015)
2015-06-18 188 0 MOTION for E. Lindsay Calkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11053759. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Order for Admission Pro Hac Vice)(Calkins, E. Lindsay) (Entered: 06/18/2015)
2015-06-19 189 0 ORDER FOR ADMISSION PRO HAC VICE granting 188 Motion for E. Lindsay Calkins to Appear Pro Hac Vice. (Signed by Magistrate Judge Debra C. Freeman on 6/19/2015) (kgo) (Entered: 06/19/2015) 2015-07-02 14:15:25 0bf16065d16c58b4dc10b3c620c1befbba31bfe1
2015-06-29 190 0 PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. Discovery Material containing the gollowing may be designated as Confidential: (a) previously nondisclosed and non-public financial information of the defendants, personally, or any non-public companies, partnerships, or ventures in which they have an ownership interest or stake, including bank statements or other bank records, information identifying assets and their value, information regarding investments and or planned investments, and information regarding financial transactions; (b) previously nondisclosed and non-public material relating to ownership or control of any non-public company; (c) previously nondisclosed and non-public investment strategies and plans and proposed business ventures; (d) any previously nondisclosed and non-public information of a personal or intimate nature regarding any individual(including without limitation medical or health information; personal contact information; and information, such as identification numbers, vehicle registration, residence addresses, and social club membership, the disclosure of which could cause a security risk to any individual. (As modified in paragraph 2) (As further set forth in this Order.) (Signed by Magistrate Judge Debra C. Freeman on 6/29/2015) (spo) (Entered: 07/01/2015)
2015-07-02 191 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference or Entry of Proposed Order Requested by Court addressed to Magistrate Judge Debra C. Freeman from Mark W. Smith, Esq. dated July 2, 2015. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) Modified on 7/5/2015 (db). (Entered: 07/02/2015)
2015-07-02 192 0 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 191 Letter Motion for Conference: Fact Discovery due by 1/15/2016. Expert Discovery, including expert depositions, due by 4/15/2016. Any motion to amend or join additional parties due by 11/3/2015, unless otherwise ordered by the Court. (This resolves Dkt. 191) (Signed by Magistrate Judge Debra C. Freeman on 7/2/2015) (tn) (Entered: 07/02/2015)
2015-07-10 193 0 ORDER granting in part 130 Motion to Unseal Documents and Correspondence Filed Under Seal with the Court. Plaintiffs' motion to unseal documents (Dkt. No. 130) is granted in part. The parties are directed to file partially un-redacted copies of their memoranda of law to the extent necessary to comply with Magistrate Judge Freemans protective order (Dkt. No. 190). The Clerk of the Court is directed to close the motion at docket number 130. (Signed by Judge J. Paul Oetken on 7/10/2015) (kko) (Entered: 07/10/2015)
2015-07-15 194 0 Objection re: 190 Protective Order,,,,, . Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 07/15/2015)
2015-07-15 195 0 DECLARATION of Mark W. Smith, Esq. in Support re: 194 Objection (non-motion). Document filed by Otto Reich Associates, LLC, Otto J Reich. (Attachments: # 1 Exhibit A to Mark W. Smith, Esq. Declaration sworn to July 15, 2015, # 2 Exhibit B to Mark W. Smith, Esq. Declaration sworn to July 15, 2015, # 3 Exhibit C to Mark W. Smith, Esq. Declaration sworn to July 15, 2015, # 4 Exhibit D to Mark W. Smith, Esq. Declaration sworn to July 15, 2015, # 5 Exhibit E to Mark W. Smith, Esq. Declaration sworn to July 15, 2015, # 6 Exhibit F to Mark W. Smith, Esq. Declaration sworn to July 15, 2015, # 7 Exhibit G to Mark W. Smith, Esq. Declaration sworn to July 15, 2015)(Smith, Mark) (Entered: 07/15/2015)
2015-07-21 196 0 LETTER MOTION for Conference re: 193 Order on Motion to Unseal Document,, and/or for Clarification of Order on Motion to Unseal Document addressed to Judge J. Paul Oetken from Mark W. Smith, Esq. dated July 21, 2015. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 07/21/2015)
2015-07-23 197 0 LETTER addressed to Judge J. Paul Oetken from Julia C. Green of Lankler Siffert & Wohl LLP dated 7/23/2015 re: to respond to the letter submitted by Plaintiffs on July 21, 2015 seeking "clarification" of the Court's July 10, 2015 order (the "Unsealing Order") or, in the alternative, a Court conference. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez.(Green, Julia) (Entered: 07/23/2015)
2015-07-31 198 0 RESPONSE To Plaintiffs' Objections To The Protective Order Entered By Magistrate Judge Freeman. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 07/31/2015)
2015-07-31 199 0 DECLARATION of Frank H. Wohl in Support of Defendants' Joint Response To Plaintiffs' Objections To The Protective Order Entered By Magistrate Judge Freeman. Document filed by Francisco D'Agostino Casado, Leopoldo Alejandro Betancourt Lopez, Pedro Jose Trebbau Lopez. (Wohl, Frank) (Entered: 07/31/2015)
2015-08-03 200 0 TRANSCRIPT of Proceedings re: Oral Argument held on 6/29/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2015. Redacted Transcript Deadline set for 9/8/2015. Release of Transcript Restriction set for 11/5/2015.(ca) (Entered: 08/03/2015)
2015-08-03 201 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 06/29/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca) (Entered: 08/03/2015)
2015-08-05 202 0 ORDER denying 181 Motion for Reconsideration re 174 Memorandum & Opinion; granting 183 Letter Motion for Leave to File Excess Pages. Having reviewed the record and Plaintiffs' memorandum of law, the Court concludes that it overlooked neither a controlling issue of law nor a crucial fact in the record. Plaintiffs' motion to reconsider is therefore DENIED. Plaintiffs' motion for leave to file excess pages (Dkt. No. 183) is GRANTED. The Clerk of the Court is directed to close the motions at docket numbers 181 and 183. (Signed by Judge J. Paul Oetken on 8/5/2015) (kko) (Entered: 08/05/2015)
2015-10-09 203 0 ORDER denying 169 Motion to Amend/Correct First Amended Complaint. Plaintiffs' proposed amended complaint suffers from the same failure to adequately plead relatedness as the prior pleading, for reasons already articulated by the Court. (See Dkt. Nos. 59 at 15-19; 164 at 6-7.) Although the proposed complaint has been redrafted to place greater emphasis on Plaintiff's theory of relatedness, the underlying theory itself already deemed insufficient is substantively unchanged. The proposed complaint's effort to cast Plaintiffs as the victims of Defendants' alleged bribery scheme is particularly strained. Because Plaintiffs' request to file an amended complaint is futile, the motion is DENIED. The Clerk of the Court is directed to close the motion at docket number 169. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 10/9/2015) (kko) (Entered: 10/09/2015)
2015-10-20 204 0 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (See #205) LETTER addressed to Magistrate Judge Debra C. Freeman from Shawn J. Rabin dated October 20, 2015 re: discovery issues. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Exhibit 1)(Rabin, Shawn) Modified on 10/21/2015 (kj). (Entered: 10/20/2015)
2015-10-20 205 0 LETTER addressed to Magistrate Judge Debra C. Freeman from Shawn J. Rabin dated October 20, 2015 re: discovery issues. Document filed by Francisco D'Agostino Casado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rabin, Shawn) (Entered: 10/20/2015)
2015-10-23 206 0 LETTER addressed to Magistrate Judge Debra C. Freeman from Mark W. Smith Esq. dated 10/23/2015 re: Opposition to Letter of D'Agostino Dated October 20, 2015 re: Discovery Issues. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Zimmer, Gregory) (Entered: 10/23/2015)
2015-10-23 207 0 LETTER addressed to Magistrate Judge Debra C. Freeman from Mark W. Smith, Esq. dated 10/23/2015 re: Letter Requesting Extension of Discovery Deadlines. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Zimmer, Gregory) (Entered: 10/23/2015)
2015-10-26 208 0 LETTER addressed to Magistrate Judge Debra C. Freeman from Shawn J. Rabin dated October 26, 2015 re: Reply in Support of dkt 205. Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) (Entered: 10/26/2015)
2015-10-27 209 0 LETTER addressed to Magistrate Judge Debra C. Freeman from Shawn Rabin, Esq. dated October 27, 2015 re: Response to ECF 207, Letter of Mark Smith, Esq., dated October 23, 2015, Requesting Extension of Discovery Deadlines. Document filed by Francisco D'Agostino Casado.(Rabin, Shawn) (Entered: 10/27/2015)
2015-10-28 210 0 LETTER addressed to Magistrate Judge Debra C. Freeman from Mark W. Smith, Esq. dated October 28, 2015 re: in Further Support of ECF 207 and in Response to ECF 209. Document filed by Otto Reich Associates, LLC, Otto J Reich.(Smith, Mark) (Entered: 10/28/2015)
2015-11-05 211 0 MEMO ENDORSEMENT on re: 205 Letter filed by Francisco D'Agostino Casado.ENDORSEMENT: The discovery disputes raised by Defendant are resolved as follows: 1) Plaintiff's privilege log, if still outstanding, shall be produced no later than one week from the date of this Order. See Local Civil Rule 26.2(b). 2) Plaintiffs are directed to produce copies of any agreements showing that any witness named in any party's initial disclosure has agreed to fund any aspect of this litigation.3) Defendant's application to compel the production of communications regarding this suit or regarding Defendant is denied as moot, based on the Court's understanding that the parties have resolved this issue.4) Defendant's application to compel the production of additional documents regarding Plaintiffs' work for third party Cedeno is denied. (Signed by Magistrate Judge Debra C. Freeman on 11/5/2015) (mro) (Entered: 11/05/2015)
2015-11-05 212 0 MEMO ENDORSEMENT on re: 207 Letter filed by Otto Reich Associates, LLC, Otto J Reich. ENDORSEMENT: The previously named defendants from whom discovery is being sought were dismissed from this action in April 2015, and plaintiffs' motion for reconsideration of that dismissal was denied on August 5, 2015. At least by that date, Plaintiffs should have been well aware of the strong likelihood that, if discovery from those individuals were still needed to support Plaintiffs' claims against the remaining defendant, than such discovery would have to be obtained through international channels. Plaintiffs have made no showing that they acted diligently to pursue such discovery. Indeed, it appears that Plaintiffs have taken virtually no steps, to date, to obtain discovery form any sources in Venezuela. In the absence of a showing of diligence, the application for an extension of the discovery deadline is denied. This denial, however, is without prejudice to renewal of the application based on a showing of the purported "other extenuating circumstances" that Plaintiffs allude to in this submission, yet do not disclose. (Signed by Magistrate Judge Debra C. Freeman on 11/5/2015) (mro) (Entered: 11/05/2015)
2015-12-18 213 0 NOTICE of of Withdrawal of Appearance of Julia C. Green of Lankler Siffert & Wohl LLP as counsel for defendant Leopoldo Alejandro Betancourt Lopez. Document filed by Leopoldo Alejandro Betancourt Lopez. (Green, Julia) (Entered: 12/18/2015)
2015-12-21 214 0 MEMO ENDORSEMENT on re: 213 NOTICE of of Withdrawal of Appearance of Julia C. Green of Lankler Siffert & Wohl LLP as counsel for defendant Leopoldo Alejandro Betancourt Lopez. ENDORSEMENT: SO ORDERED. Attorney Julia Claire Green terminated. (Signed by Judge J. Paul Oetken on 12/21/2015) (kl) (Entered: 12/21/2015)
2016-01-05 215 0 STIPULATION AND ORDER OF DISMISSAL OF PLAINTIFFS' CLAIMS FOR RELIEF AGAINST D'AGOSTINO ONLY WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiffs The Honorable Otto J, Reich and Otto Reich Associates LLC (together, "Plaintiffs") and counsel for Defendant Francisco D'Agostino Casado ("D'Agostino") that, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the parties' agreement, Plaintiffs' claims for relief asserted against Defendant D'Agostino in this action are hereby dismissed with prejudice with Plaintiffs and D'Agostino to bear their respective costs and fees. Neither the execution of this stipulation nor the dismissal of Plaintiffs' claims against Defendant D'Agostino shall (i) have any res judicata and/or collateral estoppel effect except as they relate to the claims for relief asserted by Plaintiffs against D'Agostino in this action, or (ii) otherwise affect, alter or limit the rights of Plaintiffs to pursue their causes of action or claims against Defendants Leopoldo Alejandro Betancourt Lopez and Pedro Jose Trebbau Lopez, including by way of appeal of this Court's prior decisions and orders. Plaintiffs' claims against Defendants Betancourt and Trebbau are specifically preserved and excluded from this stipulation of dismissal in any and all respects. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/4/2016) (kko) (Entered: 01/05/2016)
2016-01-18 216 0 NOTICE OF CHANGE OF ADDRESS by Mark Warren Smith on behalf of Otto Reich Associates, LLC, Otto J Reich. New Address: Smith Valliere PLLC, 1501 Broadway, 12th Floor, New York, New York, United States 10036, 2127555200. (Smith, Mark) (Entered: 01/18/2016)
2016-01-18 217 0 NOTICE OF CHANGE OF ADDRESS by Noelle Marie Kowalczyk on behalf of Otto Reich Associates, LLC, Otto J Reich. New Address: Smith Valliere PLLC, 1501 Broadway, 12th Floor, New York, New York, United States 10036, 2127555200. (Kowalczyk, Noelle) (Entered: 01/18/2016)
2016-01-18 218 0 NOTICE of Settlement with Proposed Judgment. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 01/18/2016)
2016-01-18 219 0 NOTICE of Settlement with Corrected Proposed Judgment. Document filed by Otto Reich Associates, LLC, Otto J Reich. (Smith, Mark) (Entered: 01/18/2016)
2016-01-29 220 0 JUDGMENT: ORDERED, ADJUDGED AND DECREED: that for the reasons stated, inter alia, in the Court's Opinions and Orders dated August 18, 2014, April 13, 2015 and April 30, 2015, its Orders dated August 5, 2015 and October 9, 2015, and the Stipulation and Order of Dismissal so ordered on January 4, 2016, the case is closed. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/29/2016) (ama) (Entered: 01/29/2016)
2016-02-17 221 0 STIPULATION AND ORDER REMOVING DEFENDANT FRANCISCO D'AGOSTINO CASADO'S NAME FROM THE CASE CAPTION: IT IS HEREBY STIPULATED AND AGREED that Francisco D'Agostino Casado's name shall be removed from the case caption. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 2/17/2016) (kgo) (Entered: 02/17/2016)
2016-02-18 222 0 NOTICE OF APPEAL from 220 Judgment,. Document filed by Otto Reich Associates, LLC, Otto J Reich. Filing fee $ 505.00, receipt number 0208-11971352. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Smith, Mark) (Entered: 02/18/2016)
2017-06-19 223 0 MANDATE of USCA (Certified Copy) as to 222 Notice of Appeal, filed by Otto Reich Associates, LLC, Otto J Reich. USCA Case Number 16-0510. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/19/2017. (nd) (Entered: 06/19/2017)
2017-06-27 224 0 Costs Taxed as to 223 USCA Mandate, USCA Case Number 16-0510. in the amount of $557.20. on 06/27/2017 in favor of Appellee Leopoldo Alejandro Betancourt Lopez. against The Honorable Otto J. Reich, Otto Reich Associates, LLC, Plaintiff - Appellants,. (nd) (Entered: 06/27/2017)