| Court: | nyed |
| Docket #: | 1:06-cv-06663 |
| Case Name: | Petersen v. Aries Financial, LLC et al |
| PACER case #: | 264292 |
| Date filed: | 2006-12-18 |
| Date terminated: | 2012-07-09 |
| Assigned to: | Judge Raymond J. Dearie |
| Referred to: | Chief Mag. Judge Steven M. Gold |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 290 Real Property: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Louise Dembeck Defendant TERMINATED: 02/27/2009 |
Louise E. Dembeck |
| Marie Petersen Plaintiff individually and as alleged sole managing member of 519 Throop Ave., LLC TERMINATED: 06/17/2011 |
Donna Dougherty Leslie Salzman |
| Ursula Petersen Plaintiff as Administrator of the estate of Marie Petersen |
Frank A. Racano |
| Aries Financial, LLC Cross Defendant |
Frederick L Sosinsky |
| Fredric A. Powell Cross Defendant |
Gary Schoer |
| Jacques Michaane Defendant |
Corey M. Winograd |
| Berkshire Financial Group, Inc. Cross Claimant |
Vincent T. Pallaci |
| Steve Havlama Cross Defendant a.k.a. "Steve Hulama" |
|
| Louise Dembeck Defendant TERMINATED: 02/27/2009 |
|
| James Uston Defendant |
|
| Gary Cucuzza Cross Claimant |
Andrew G. Sfouggatakis |
| Joseph Trentacosta Defendant |
Joseph Trentacosta |
| Berkshire Financial Group, Inc. Cross Claimant |
Vincent T. Pallaci |
| Aries Financial, LLC Cross Defendant |
Frederick L Sosinsky |
| Fredric A. Powell Cross Defendant |
Gary Schoer |
| Steve Havlama Cross Defendant a.k.a. "Steve Hulama" |
|
| Gary Cucuzza Cross Claimant |
Andrew G. Sfouggatakis |
| Aries Financial, LLC Cross Defendant |
Frederick L Sosinsky |
| Steve Havlama Cross Defendant a.k.a. "Steve Hulama" |
|
| Fredric A. Powell Cross Defendant |
Gary Schoer |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-12-18 | 1 | 0 | COMPLAINT against Aries Financial, LLC, Fredric A. Powell, Jacques Michaane Summons not issued., filed by Marie Petersen. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 12/18/2006) | |||
| 2006-12-18 | 2 | 0 | MOTION for Leave to Proceed in forma pauperis by Marie Petersen. (Bowens, Priscilla) (Entered: 12/18/2006) | |||
| 2006-12-19 | 3 | 0 | SCHEDULING ORDER: An initial conference has been scheduled 2/9/2007 at 4:00 P.M., before Magistrate-Judge Kiyo A. Matsumoto. Plaintiff shall inform all parties. (See attached order). Ordered by Judge Kiyo A. Matsumoto on 12/19/06. (Williams-Jackson, Sandra) (Entered: 12/19/2006) | |||
| 2006-12-27 | 4 | 0 | ORDER granting Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. C/M. Ordered by Judge Raymond J. Dearie on 12/26/06. (Chee, Alvin) (Entered: 12/27/2006) | |||
| 2007-02-05 | 5 | 0 | NOTICE of Appearance by Frederick L Sosinsky on behalf of Aries Financial, LLC (Sosinsky, Frederick) (Entered: 02/05/2007) | |||
| 2007-02-05 | 6 | 0 | STIPULATION Extending Time for Defendant Aries to Answer, Move or Otherwise Respond to Complaint by Aries Financial, LLC (Attachments: # 1) (Sosinsky, Frederick) (Entered: 02/05/2007) | |||
| 2007-02-07 | 7 | 0 | NOTICE of Appearance by Gary Schoer on behalf of Fredric A. Powell (Schoer, Gary) (Entered: 02/07/2007) | |||
| 2007-02-07 | 8 | 0 | STIPULATION ON EXTENDING TIME TO ANSWER OR MOVE by Fredric A. Powell (Schoer, Gary) (Entered: 02/07/2007) | |||
| 2007-02-07 | 9 | 0 | STIPULATION EXTENDING TIME TO ANSWER OR MOVE re 1 Complaint. That the time for defendant Fredric A. Powell to answer, move or otherwise respond to the complaint be extended to 2/28/2007. Ordered by Judge Kiyo A. Matsumoto on 2/7/07. (Williams-Jackson, Sandra) (Entered: 02/07/2007) | |||
| 2007-02-07 | 10 | 0 | First MOTION to Adjourn Conference by Marie Petersen. (Dougherty, Donna) (Entered: 02/07/2007) | |||
| 2007-02-08 | 11 | 0 | SUMMONS Returned Executed by Marie Petersen. Jacques Michaane served on 1/24/2007, answer due 2/13/2007. (Dougherty, Donna) (Entered: 02/08/2007) | |||
| 2007-02-08 | 12 | 0 | SUMMONS Returned Executed by Marie Petersen. Aries Financial, LLC served on 1/8/2007, answer due 2/28/2007. (Dougherty, Donna) (Entered: 02/08/2007) | |||
| 2007-02-08 | 13 | 0 | SUMMONS Returned Executed by Marie Petersen. Fredric A. Powell served on 1/3/2007, answer due 2/28/2007. (Dougherty, Donna) (Entered: 02/08/2007) | |||
| 2007-02-09 | 14 | 0 | NOTICE of Appearance by Corey M. Winograd on behalf of Jacques Michaane (Winograd, Corey) (Entered: 02/09/2007) | |||
| 2007-02-20 | 15 | 0 | Letter dated 2/20/07 from Frederick Sosinsky, Esq. to Hon. Raymond J. Dearie requesting a pre-motion conference for defendant Aries Financial, LLC to file a motion to stay these proceedings and compel arbitration of plaintiff's claims, or in the alternative, to dismiss for failure to state a claim upon which relief can be granted. (Sosinsky, Frederick) Modified on 3/5/2007 (Chee, Alvin). (Entered: 02/20/2007) | |||
| 2007-02-26 | 16 | 0 | Letter dated 2/26/07 from Gary Schoer, Esq. to Hon. Raymond J. Dearie joining in co-defendant Aries Financial LLC's request for a pre-motion conference. Counsel seeks permission for defendant Fredric Powell to file a motion to dismiss for failure to state a cause of action. (Schoer, Gary) Modified on 3/5/2007 (Chee, Alvin). (Entered: 02/26/2007) | |||
| 2007-02-27 | 17 | 0 | Letter dated 2/27/07 from Donna Dougherty, Esq. to Hon. Raymond J. Dearie in response to defendant Aries Financial's pre-motion letter dated 2/20/07. (Dougherty, Donna) Modified on 3/5/2007 (Chee, Alvin). (Entered: 02/27/2007) | |||
| 2007-02-27 | 18 | 0 | Letter page 2 by Marie Petersen (Dougherty, Donna) (Entered: 02/27/2007) | |||
| 2007-03-01 | 19 | 0 | Minute Entry for proceedings held before Kiyo A. Matsumoto : Initial Conference Hearing on 3/1/2007. A Telephone Conference has been scheduled for 4/20/07 at 1:30p.m. Plaintiff to initiate the call. (See order attached). (Williams-Jackson, Sandra) (Entered: 03/01/2007) | |||
| 2007-03-03 | 20 | 0 | Letter dated 3/2/07 from Donna Dougherty, Esq. to Hon. Raymond J. Dearie in response to defendant Fredric A. Powell's pre-motion letter dated 2/20/07. (Dougherty, Donna) Modified on 3/5/2007 (Chee, Alvin). (Entered: 03/03/2007) | |||
| 2007-03-08 | 21 | 0 | SCHEDULING ORDER: A pre-motion conference has been scheduled for 3/27/07 at 11 AM before Judge Dearie. C/M by chambers. Ordered by Judge Raymond J. Dearie on 3/8/07. (Chee, Alvin) (Entered: 03/08/2007) | |||
| 2007-03-15 | 22 | 0 | AMENDED COMPLAINT against all defendants, filed by Marie Petersen. (Dougherty, Donna) (Entered: 03/15/2007) | |||
| 2007-03-27 | 23 | 0 | SCHEDULING ORDER: The pre-motion conference previously scheduled for 3/27/07 at 11 AM has been rescheduled to 4/13/07 at 12 PM before Judge Dearie. C/M by chambers. Ordered by Judge Raymond J. Dearie on 3/26/07. (Chee, Alvin) (Entered: 03/27/2007) | |||
| 2007-04-13 | 24 | 0 | Minute Entry for proceedings held before Raymond J. Dearie: Pre-Motion Conference held on 4/13/2007. Counsel for parties present. Discussion held. Court asks parties to consider the possibility of mediation. Parties are given a couple of weeks to consider this possibility. If parties do not agree to mediation, they will agree upon a briefing schedule. Movant party will advise Court in writing. Court will set oral argument when motion is fully briefed. (Court Reporter: ESR.) (Chee, Alvin) (Entered: 04/16/2007) | |||
| 2007-04-19 | 25 | 0 | Letter by Marie Petersen (Dougherty, Donna) (Entered: 04/19/2007) | |||
| 2007-04-19 | 26 | 0 | Letter by Marie Petersen (Dougherty, Donna) (Entered: 04/19/2007) | |||
| 2007-04-23 | 27 | 0 | NOTICE of Appearance by Leslie Salzman on behalf of Marie Petersen (aty to be noticed) (Salzman, Leslie) (Entered: 04/23/2007) | |||
| 2007-05-01 | 28 | 0 | NOTICE of Appearance by Vincent T. Pallaci on behalf of Berkshire Financial Group, Inc. (aty to be noticed) (Pallaci, Vincent) (Entered: 05/01/2007) | |||
| 2007-05-01 | 29 | 0 | First MOTION for Extension of Time to File Answer to the amended complaint by Berkshire Financial Group, Inc.. (Pallaci, Vincent) (Entered: 05/01/2007) | |||
| 2007-05-01 | 30 | 0 | Corporate Disclosure Statement by Berkshire Financial Group, Inc. (Pallaci, Vincent) (Entered: 05/01/2007) | |||
| 2007-05-01 | 31 | 0 | SELECTION OF MEDIATOR Louise Dembeck rep by Louise E. Dembeck selected as Mediator. The first mediation session is scheduled to take place on 6/15/06 at 10:00AM in the Brooklyn Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Conference 302 South, Brooklyn, NY 11201. Please go directly to Conference 302 South. A backup date is 6/18/07 should an alternative date or second session be required. On or before 6/08/07, Counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, prior settlement discussions and new settlement proposals, and the name and title of the client or client representative with full settlement authority who will attend the mediation session in person. Attendance in person is required of the trial attorney, insurance adjustor, and client or client representative with full settlement authority. A copy of the Confidentiality Stipulation which is attached to this ECF notice will be signed at the beginning of the mediation session by all participants and the Mediator, and faxed (718) 613-2399 to the ADR Administrator, Gerald P. Lepp. Contact information for the Mediator is:Louise E. Dembeck, Esq., 250 West 57th Street, Suite 718, New York, NY 10107; email address "LEDembeck@aimac-adr.com".Report of Mediation due by 6/25/2007. (Lepp, Gerald) (Entered: 05/01/2007) | |||
| 2007-05-04 | 32 | 0 | MOTION to Compel Discovery by Marie Petersen. (Attachments: # 1 List of Objections# 2 Plaintiff's First Set of Interrogatories and Request for Production of Documents to Aries Financial, LLC# 3 Aries Financial, LLC's Responses to Plaintiff's First Set of Interrogatories and Request for Production of Documents# 4 Fredric A. Powell's Responses to Plaintiff's First Set of Interrogatories and Request for Production of Documents) (Dougherty, Donna) (Entered: 05/04/2007) | |||
| 2007-05-09 | 33 | 0 | RESPONSE in Opposition re 32 MOTION to Compel Discovery filed by Aries Financial, LLC. (Sosinsky, Frederick) (Entered: 05/09/2007) | |||
| 2007-05-10 | 34 | 0 | Letter to Hon. Matsumoto by Fredric A. Powell (Schoer, Gary) (Entered: 05/10/2007) | |||
| 2007-05-15 | 35 | 0 | Letter by Marie Petersen (Dougherty, Donna) (Entered: 05/15/2007) | |||
| 2007-05-18 | 36 | 0 | VERIFIED ANSWER to Amended Complaint FILED BY PLAINTIFF, First CROSSCLAIM against Aries Financial, LLC, Fredric A. Powell, Steve Havlama by Berkshire Financial Group, Inc.. (Pallaci, Vincent) (Entered: 05/18/2007) | |||
| 2007-06-11 | 37 | 0 | RE-SCHEDULED MEDIATION DATE. The first mediation session has been re-scheduled to take place on 7/10/07 and 7/11/07 beginning at 9:30AM in the Brooklyn Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Conference 302 South, Brooklyn, NY 11201. Please go directly to Conference 302 South. On or before 7/03/07, Counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, prior settlement discussions and new settlement proposals, and the name and title of the client or client representative with full settlement authority who will attend the mediation session in person. Attendance in person is required of the trial attorney, insurance adjustor, and client or client representative with full settlement authority. A copy of the Confidentiality Stipulation which is attached to this ECF notice will be signed at the beginning of the mediation session by all participants and the Mediator, and faxed (718) 613-2399 to the ADR Administrator, Gerald P. Lepp. Contact information for the Mediator is:Louise E. Dembeck, Esq., 250 West 57th Street, Suite 718, New York, NY 10107; email address "LEDembeck@aimac-adr.com".Report of Mediation due by 7/18/2007. (Lepp, Gerald) (Entered: 06/11/2007) | |||
| 2007-08-10 | 38 | 0 | REPORT of Mediation UNSETTLED Although two mediation sessions were held, the case did not settle. Accordingly, the case is returned to the assigned judges.Attorney Questionaires due by 8/24/2007. (Lepp, Gerald) (Entered: 08/10/2007) | |||
| 2007-09-10 | 39 | 0 | Proposed Scheduling Order for Motion to Compel Arbitration and/or to Dismiss the Complaint by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 09/10/2007) | |||
| 2007-09-18 | 40 | 0 | ENDORSED ORDER re 39 Proposed Scheduling Order or Motion to Compel Arbitration and/or to Dismiss the Complaint by Aries Financial, LLC: Dft's motion to be filed on or before 9/21/07; Peterson's opposition to be filed on or before 10/19/07; Dfts reply, if any, due on or before 11/2/07. A joint submission may exceed page limitation. Ordered by Judge Raymond J. Dearie on 9/17/2007. (Abdallah, Fida) (Entered: 09/18/2007) | |||
| 2007-09-21 | 41 | 0 | First MOTION for Extension of Time to File Motion to Compel Arbitration and/or To Dismiss the Complaint by Aries Financial, LLC. (Sosinsky, Frederick) (Entered: 09/21/2007) | |||
| 2007-10-02 | 42 | 0 | MOTION for Extension of Time to File serve summons and amended complaint by Marie Petersen. (Salzman, Leslie) (Entered: 10/02/2007) | |||
| 2007-10-12 | 43 | 0 | Letter dated 9/28/07 from Frederick Sosinsky, Esq., to all counsel enclosing defendant Aries Financial, LLC's Motion to stay and to compel arbitration and/or to dismiss, together with supporting papers. (Chee, Alvin) (Entered: 10/12/2007) | |||
| 2007-10-17 | 44 | 0 | NOTICE of Change of Office Address, Fax Number by Frederick L Sosinsky (Sosinsky, Frederick) (Entered: 10/17/2007) | |||
| 2007-10-25 | 45 | 0 | MOTION for Extension of Time to File, MOTION for Leave to File Excess Pages by Marie Petersen. (Dougherty, Donna) (Entered: 10/25/2007) | |||
| 2007-10-26 | 46 | 0 | SUMMONS Returned Executed by Marie Petersen. Steve Havlama served on 10/24/2007, answer due 11/13/2007. (Dougherty, Donna) (Entered: 10/26/2007) | |||
| 2007-10-26 | 47 | 0 | Letter MOTION to Withdraw as Attorney by Berkshire Financial Group, Inc.. (Attachments: # 1 Exhibit Consent to Relieve Attorney) (Pallaci, Vincent) (Entered: 10/26/2007) | |||
| 2007-10-30 | 48 | 0 | ORDER granting 47 Motion to Withdraw as Attorney: The Law Firm of Kushnick & Associates, P.C. is hereby relieved as attorneys of record in this action for defendant Berkshire Financial Group, Inc. Ordered by Judge Raymond J. Dearie on 10/30/07. (Chee, Alvin) (Entered: 10/30/2007) | |||
| 2007-11-02 | 49 | 0 | Letter dated 11/2/07 from Donna Dougherty, Esq., to defense counsel enclosing plaintiff's opposition papers to defendants' motion to dismiss. (Dougherty, Donna) Modified on 11/5/2007 (Chee, Alvin). (Entered: 11/02/2007) | |||
| 2007-11-21 | 50 | 0 | Letter to Hon. Raymond J. Dearie as to motion and supporting documents by Fredric A. Powell (Schoer, Gary) (Entered: 11/21/2007) | |||
| 2007-11-21 | 51 | 0 | Notice of MOTION to Compel Arbitration and/or To Dismiss the Complaint by Aries Financial, LLC. (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 52 | 0 | AFFIDAVIT/AFFIRMATION re 51 Notice of MOTION to Compel Arbitration and/or To Dismiss the Complaint of Frederick L. Sosinsky by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 53 | 0 | PRETRIAL MEMORANDUM by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 54 | 0 | REPLY to Response to Motion re 51 Notice of MOTION to Compel Arbitration and/or To Dismiss the Complaint Affirmation of Frederick L. Sosinsky filed by Aries Financial, LLC. (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 55 | 0 | AFFIDAVIT/AFFIRMATION of Douglas Kahan, Esq. and Al London in Further Reply to Petersen's Opposition to Aries' Motion by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 56 | 0 | Letter to Hon. Raymond Dearie Enclosing Courtesy Copies of Filed Documents by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 57 | 0 | AFFIDAVIT/AFFIRMATION of Al London in Support of Aries' Motion to Compel Arbitration and/or For Dismissal of the Complaint by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 11/21/2007) | |||
| 2007-11-21 | 58 | 0 | RESPONSE in Opposition re 51 Notice of MOTION to Compel Arbitration and/or To Dismiss the Complaint filed by Marie Petersen. (Attachments: # 1 Affidavit Affirmations and Affidavits in Opposition, # 2 Exhibit Exhibits A-E, # 3 Exhibit Exhibits F-P) (Dougherty, Donna) (Entered: 11/21/2007) | |||
| 2007-11-29 | 59 | 0 | Notice of MOTION to Compel by Fredric A. Powell. (Schoer, Gary) (Entered: 11/29/2007) | |||
| 2007-11-29 | 60 | 0 | RESPONSE in Opposition re 59 Notice of MOTION to Compel And Dismiss filed by Fredric A. Powell. (Schoer, Gary) (Entered: 11/29/2007) | |||
| 2007-11-29 | 61 | 0 | PRETRIAL MEMORANDUM by Fredric A. Powell (Schoer, Gary) (Entered: 11/29/2007) | |||
| 2007-12-04 | 62 | 0 | Letter Enclosing Hard Copies of Exhibits to Affidavit of Al London dated September 28, 2007 in Support of Aries' Motion to Compel Arbitration and/or Dismiss the Complaint for Filing with the Clerk By Permission of Judge Dearie by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 12/04/2007) | |||
| 2008-03-31 | 63 | 0 | Letter regarding US Sup Ct decision in Preston v. Ferrer by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 03/31/2008) | |||
| 2008-04-04 | 64 | 0 | Letter by Marie Petersen (Dougherty, Donna) (Entered: 04/04/2008) | |||
| 2008-04-07 | 65 | 0 | SCHEDULING ORDER: Oral argument is scheduled for 6/18/2008 at 12:00 PM before Judge Raymond J. Dearie, in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 4/4/2008. (Brucella, Michelle) (Entered: 04/07/2008) | |||
| 2008-05-01 | 66 | 0 | Letter Request to Adjourn Oral Argument by Marie Petersen (Dougherty, Donna) (Entered: 05/01/2008) | |||
| 2008-05-05 | 67 | 0 | ORDER re 66 Letter Request to Adjourn Oral Argument: Application Granted. Ordered by Chief Judge Raymond J. Dearie on 5/1/2008. (Brucella, Michelle) (Entered: 05/05/2008) | |||
| 2008-06-19 | 68 | 0 | Letter letter re: adjournment by Marie Petersen (Dougherty, Donna) (Entered: 06/19/2008) | |||
| 2008-06-23 | 69 | 0 | ORDER re 68 Letter: Oral Argument adjourned without date. Counsel Ms. Dougherty is directed to notify Court in writing to advise if case has settled or to request oral argument date. Ordered by Chief Judge Raymond J. Dearie on 6/20/2008. (Brucella, Michelle) (Entered: 06/23/2008) | |||
| 2008-07-31 | 70 | 0 | Letter Status letter regarding Settlement by Marie Petersen (Dougherty, Donna) (Entered: 07/31/2008) | |||
| 2008-09-22 | 71 | 0 | Letter Letter regarding settlement and case status by Marie Petersen (Dougherty, Donna) (Entered: 09/22/2008) | |||
| 2008-10-15 | 72 | 0 | SCHEDULING ORDER: Oral argument has been scheduled for 11/5/08 at 12 PM before Judge Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 10/14/08. (Chee, Alvin) (Entered: 10/15/2008) | |||
| 2008-11-05 | 73 | 0 | Minute Entry for proceedings held before Chief Judge Raymond J. Dearie: Oral Argument held on 11/5/2008. Counsel for parties present. Argument heard. Parties will continue with settlement negotiations and complete discovery. Pending motion will convert to summary judgment motion. (Court Reporter: Lisa Schmid.) (Chee, Alvin) (Entered: 11/06/2008) | |||
| 2008-12-02 | 74 | 0 | Letter 12-2-08 Letter to Magistrate Gold re: Status of Settlement and Discovery by Marie Petersen (Salzman, Leslie) (Entered: 12/02/2008) | 2012-04-18 00:09:23 | 4afeb9a19c236f88638f38b75d03fd2e6ab9ccd6 | |
| 2009-02-27 | 75 | 0 | AMENDED COMPLAINT PROPOSED against all defendants, filed by Marie Petersen. (Salzman, Leslie) (Entered: 02/27/2009) | 2012-04-17 23:57:18 | 05e153cfb6705ed1e7d1d7e186e1666b0c1dbacc | |
| 2009-04-24 | 76 | 0 | Letter Request for Adjournment of Conference by Marie Petersen (Dougherty, Donna) (Entered: 04/24/2009) | |||
| 2009-05-15 | 77 | 0 | Letter dated 5/10/09 from Joseph Trentacosta to Judge Dearie and USMJ Gold, informing the Court that Mr. Trentacosta was never served any papers and after "contacting Donna Dougherty, Esq., he was informed that he was a possible deft in this case." Mr. Trentacosta "would like to cooperate to the fullest," however his present medical condition make it difficult. Mr. Trentacosta would like to participate in the 6/3/09 conference set for 4:00p.m., and was told he could attend such conference via telephone. Mr. Trentacosta provides his telephone number (718) 612-9720 and address, so that he may be reached. (Docket Sheet Updated) Mr. Trentacosta informs that he can not afford an attorney and has received the assistance of the Pro Se Clerks. (Galeano, Sonia) (Entered: 05/19/2009) | 2012-04-17 23:00:27 | 70f0eb993011d592afa40510e5e1ff48ae1430ea | |
| 2009-05-20 | 78 | 0 | STIPULATION Extending Defendant James Uston's Time to Answer by Marie Petersen (Dougherty, Donna) (Entered: 05/20/2009) | |||
| 2009-05-20 | 79 | 0 | ORDER re 77 Letter filed by Joseph Trentacosta: Defendant's application to appear by telephone for the 6/3/09 conference is granted. Defendant is to call the Court at (718) 613-2560 at 4 PM. Ordered by Chief Magistrate Steven M. Gold on 5/20/2009. (Chee, Alvin) (Entered: 05/20/2009) | |||
| 2009-05-26 | 80 | 0 | ORDER TO ANSWER: Defendant Joseph Trentacosta's application to extend time to answer to 6/30/2009 is granted. Ordered by Chief Magistrate Steven M. Gold on 5/26/2009. (Chee, Alvin) (Entered: 05/26/2009) | |||
| 2009-05-27 | 81 | 0 | STIPULATION Extending Defendant Gary Cucuzza's time to appear, answer or move with respect to plaintiff's Amended Complaint by Gary Cucuzza (Sfouggatakis, Andrew) (Entered: 05/27/2009) | |||
| 2009-06-01 | 82 | 0 | Letter MOTION for Extension of Time to File Answer; filed by pro se Joseph Trentacosta, dated 5/26/2009. (Latka-Mucha, Wieslawa) (Entered: 06/04/2009) | |||
| 2009-06-22 | 83 | 0 | Letter dated 6/18/09 from Joseph Trentacosta to Judge Dearie and USMJ Gold, informing the Court that there are numerous false allegations made by Ms. Peterson and her attorney. (Galeano, Sonia) (Entered: 06/29/2009) | |||
| 2009-06-22 | 84 | 0 | AFFIRMATION of Service for Answer to Summons served on Donna Doughtery on 6/19/09, filed by Joseph Trentacosta. (Galeano, Sonia) (Entered: 06/29/2009) | |||
| 2009-06-22 | 85 | 0 | ANSWER to 22 Amended Complaint by Joseph Trentacosta. (Galeano, Sonia) (Entered: 06/29/2009) | |||
| 2009-06-30 | 86 | 0 | Letter MOTION for Extension of Time to File Answer , Appear, or Move with respect to Plaintiff's Amended Complaint by Gary Cucuzza. (Sfouggatakis, Andrew) (Entered: 06/30/2009) | |||
| 2009-07-01 | 87 | 0 | Letter Plaintiff's response letter to Defendant Cucuzza's request to extend time to answer by Marie Petersen (Dougherty, Donna) (Entered: 07/01/2009) | |||
| 2009-07-13 | 88 | 0 | Letter dated 7/10/09 from Joseph Trentacosta to Judge Dearie and USMJ Gold, informing the Court that deft has recv'd Pltff's Marie Petersen's First Set of Interrogatories and Document Requests. Petitioner seeks an extension of time to answer the interrogatories. (Galeano, Sonia) (Entered: 07/20/2009) | |||
| 2009-07-31 | 89 | 0 | NOTICE of Appearance by Andrew G. Sfouggatakis on behalf of Gary Cucuzza (notification declined or already on case) (Sfouggatakis, Andrew) (Entered: 07/31/2009) | |||
| 2009-07-31 | 90 | 0 | Letter Plaintiff and Defendants request for Court Telephone Conference by Marie Petersen (Dougherty, Donna) (Entered: 07/31/2009) | |||
| 2009-07-31 | 91 | 0 | Verified ANSWER to Complaint (Plaintiff's Second Amended) dated April 2, 2009, First CROSSCLAIM against Aries Financial, LLC, Steve Havlama, Fredric A. Powell by Gary Cucuzza. (Sfouggatakis, Andrew) (Entered: 07/31/2009) | |||
| 2009-07-31 | 92 | 0 | Letter dated 7/28/09 from Joseph Trentacosta to Judges Dearie and Carter requesting that his deposition be held by telephone, or in the alternative, that the case be adjourned until 12/10/09. (Chee, Alvin) (Entered: 08/26/2009) | |||
| 2009-09-15 | 93 | 0 | Letter MOTION for Extension of Time to Complete Discovery - reschedule a deposition - by Gary Cucuzza. (Sfouggatakis, Andrew) (Entered: 09/15/2009) | |||
| 2009-09-16 | 94 | 0 | ENDORSED ORDER granting 93 Motion. Defendant Gary Cucuzza's deposition will take place at a mutually agreeable time and date, but no later than Friday, September 25, 2009. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 9/16/2009. (Hunter-Hicks, Tara) Modified on 9/16/2009 (Hunter-Hicks, Tara). (Entered: 09/16/2009) | |||
| 2009-09-16 | 95 | 0 | RESPONSE in Opposition re 93 Letter MOTION for Extension of Time to Complete Discovery - reschedule a deposition - filed by Marie Petersen. (Salzman, Leslie) (Entered: 09/16/2009) | 2012-04-18 00:11:02 | 27b18ed6bb05a1ea337d541cacbfbb28ebf700ad | |
| 2009-09-17 | 96 | 0 | ENDORSED ORDER RE document 95 : Plaintiff's letter will be discussed at the next teleconference on 09/30/2009. In the meantime, counsel should make good faith efforts to schedule the depositions for Mr. Trentacosta and Mr. Cucuzza as soon as possible. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 9/17/2009. (Hunter-Hicks, Tara) Modified on 9/17/2009 (Hunter-Hicks, Tara). (Entered: 09/17/2009) | |||
| 2009-10-01 | 97 | 0 | ORDER: Following today's teleconference, Mr. Trentacosta's deposition will take place on 10/5/09 at Cardozo Law School. Parties will arrange to take the deposition of Ms. Peterson and Mr. Cucuzza at a mutually agreeable time and place. Mr. Cucuzza shall respond to plaintiff's interrogatories no later than 10/8/09. The deadline to conduct party depositions is extended until 11/15/09 and all non-party depositions must be conducted by 1/11/10. The settlement conference originally scheduled for 12/10/09 is adjourned until 1/19/10 at 10 AM in Courtroom 504N. Counsel shall be prepared to state their position on settlement, with their clients present or available by telephone. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 9/30/2009. (Chee, Alvin) (Entered: 10/01/2009) | 2012-04-18 00:12:04 | 5fd8837389868ac0b6d00ff335a23b54945d1a16 | |
| 2009-10-26 | 98 | 0 | MOTION for Entry of Default of Defendant Steven Havlama, a.k.a., "Steve Hulama" by Marie Petersen. (Salzman, Leslie) (Entered: 10/26/2009) | |||
| 2009-10-29 | 99 | 0 | CERTIFICATE OF SERVICE by Marie Petersen of Request for Entry of Default Against Def. Havlama on Joseph Trentacosta (Salzman, Leslie) (Entered: 10/29/2009) | |||
| 2010-03-10 | 100 | 0 | MOTION for Default Judgment as to Steve Havlama aka Steve Hulama by Marie Petersen. Responses due by 3/10/2010 (Salzman, Leslie) (Entered: 03/10/2010) | |||
| 2010-03-11 | 101 | 0 | CERTIFICATE OF SERVICE by Marie Petersen re 100 MOTION for Default Judgment as to Steve Havlama aka Steve Hulama service by mail on Defendant Joseph Trentacosta (Salzman, Leslie) (Entered: 03/11/2010) | |||
| 2010-06-07 | 102 | 0 | MEMORANDUM & ORDER: The Court grants plaintiff's 100 motion for a judgment of default pursuant to FRCP 55(b)(2) against defendant Steve Havlama and respectfully refers the matter to Magistrate Judge Carter for report and recommendation pursuant to 28 U.S.C. ยง 636(b)(1)(B) on the question of the appropriate remedies. Ordered by Chief Judge Raymond J. Dearie on 6/4/2010. (Chee, Alvin) (Entered: 06/07/2010) | |||
| 2010-06-14 | 103 | 0 | Letter Joint parties' status letter re: discovery in Petersen and Britt by Marie Petersen (Dougherty, Donna) (Entered: 06/14/2010) | 2012-04-17 23:04:44 | b6558c2ea2740a484effc7b9c53ac589417c82b7 | |
| 2010-06-28 | 104 | 0 | Joint MOTION for Extension of Time to Complete Discovery & Status Report for Petersen & Britt Actions by Marie Petersen. (Salzman, Leslie) (Entered: 06/28/2010) | 2012-04-18 00:12:55 | a15b09ebd0a8563c786a241afc5a6789c12717a7 | |
| 2010-08-05 | 105 | 0 | Letter Aries request to extend time to submit joint status letter by Marie Petersen (Dougherty, Donna) (Entered: 08/05/2010) | 2012-04-18 00:18:11 | 50e08d0db7adc50ca3fdb2b61dd598120465ad41 | |
| 2010-08-13 | 106 | 0 | Letter 8.13.10 status letter re:discovery by Marie Petersen (Dougherty, Donna) (Entered: 08/13/2010) | 2012-04-17 23:06:15 | cdec174b6d66e8a49a8a7d163a25033a3c9fecaa | |
| 2010-09-13 | 107 | 0 | Letter Joint Status Letter re: Discovery by Marie Petersen (Dougherty, Donna) (Entered: 09/13/2010) | 2012-04-17 22:48:13 | eda58a8b73fb552aa360d51f059b8e2ef54624db | |
| 2010-09-17 | 108 | 0 | Letter Re: Attorney/client privilege by Marie Petersen (Dougherty, Donna) (Entered: 09/17/2010) | |||
| 2010-09-20 | 109 | 0 | Letter Opposing Claim of Privilege by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 09/20/2010) | |||
| 2010-10-20 | 110 | 0 | Letter Joint status letter re discovery by Marie Petersen (Dougherty, Donna) (Entered: 10/20/2010) | 2012-04-17 22:43:51 | df4b7337525dd2967dc41805eb1414cde0a93e1e | |
| 2010-11-04 | 111 | 0 | Letter to Honorable Andrew L. Carter, Jr. by Jacques Michaane (Winograd, Corey) (Entered: 11/04/2010) | 2012-04-17 23:09:13 | b16d3ecb98b6a78044336ff6562fc825bb279724 | |
| 2010-11-05 | 112 | 0 | Letter to the Court re: failure to appear and sanctions by Gary Cucuzza (Sfouggatakis, Andrew) (Entered: 11/05/2010) | |||
| 2011-01-21 | 113 | 0 | Letter re: Notice of Marie Petersen's passing by Marie Petersen (Dougherty, Donna) (Entered: 01/21/2011) | |||
| 2011-04-15 | 114 | 0 | MOTION to Substitute Party by Marie Petersen. (Salzman, Leslie) (Entered: 04/15/2011) | |||
| 2011-04-15 | 115 | 0 | CERTIFICATE OF SERVICE by Marie Petersen re 114 MOTION to Substitute Party (Salzman, Leslie) (Entered: 04/15/2011) | |||
| 2011-05-04 | 116 | 0 | ORDER REFERRING MOTION: Plaintiff's 114 MOTION to Substitute Party is referred to Magistrate Judge Carter. Ordered by Senior Judge Raymond J. Dearie on 5/4/2011. (Chee, Alvin) (Entered: 05/04/2011) | |||
| 2011-06-02 | 117 | 0 | AFFIDAVIT/DECLARATION in Support re 114 MOTION to Substitute Party Supplemental Declaration filed by Marie Petersen. (Salzman, Leslie) (Entered: 06/02/2011) | |||
| 2011-06-02 | 118 | 0 | CERTIFICATE OF SERVICE by Marie Petersen re 117 Affidavit in Support of Motion for Substitution-Supplemental Declaration (Salzman, Leslie) (Entered: 06/02/2011) | |||
| 2011-07-18 | 119 | 0 | NOTICE of Appearance by Frank A. Racano on behalf of Ursula Petersen (aty to be noticed) (Chee, Alvin) (Entered: 07/21/2011) | |||
| 2011-11-14 | 120 | 0 | Letter MOTION to Withdraw as Attorney by Gary Cucuzza. (Sfouggatakis, Andrew) (Entered: 11/14/2011) | |||
| 2012-01-19 | 121 | 0 | Minute Entry for Status Conference held on 1/18/2012 before Chief Magistrate Judge Steven M. Gold: Sfouggatakis for Cucuzza, Schoer for Powell, Sosinsky for Aries, Winograd for Michaane. Plaintiff's counsel failed to appear and could not be reached by telephone. THE CONFERENCE IS ADJOURNED TO JANUARY 31, 2012 AT 2:30 P.M. (1) According to the records of the Clerk of Court, Mr. Racano is not admitted to practice before the Eastern District of New York. Plaintiff must promptly appear through counsel admitted to the Court, and such counsel must promptly register for electronic case filing. E-mails to court staff are not permitted. MR. RACANO, PLAINTIFF URSULA PETERSON, AND PLAINTIFF'S NEW COUNSEL MUST APPEAR IN PERSON AT THE NEXT CONFERENCE. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (2) Counsel for defendants may apply for reimbursement of their fees and expenses attending today's conference to be paid by Mr. Racano without reimbursement by plaintiff. (3) The application of Mr. Sfouggatakis to be relieved as counsel for defendant Cucuzza is granted, with Mr. Cucuzza's consent as stated on the record, and with the representation by Mr. Sfouggatakis that his file will be available to Mr. Cucuzza or successor counsel without further payment of fees or application to the court. (Tape #FTR 2:22-2:27.) (Vasquez, Lea) (Entered: 01/19/2012) | 2012-04-17 22:41:37 | b45fe07e7b9dd627652b532338ff77279f587948 | |
| 2012-02-02 | 122 | 0 | Minute Entry for Status Conference held on 1/31/2012 before Chief Magistrate Judge Steven M. Gold: Racano for plaintiff (with plaintiff present); Sosinsky for Aries, Schoer for Powell, Winograd for Michaane. The parties report that they may be able to resolve the case by selling certain property. Plaintiff's counsel shall submit a letter by February 7, 2012, indicating whether the issues discussed today -- including the addition of a time is of the essence clause to the contract for the sale of the property, the deletion of a mortgage contingency clause from that contract, and an agreed-upon breakdown of payoff amounts to each of the defendants -- have been resolved. IF NOT, THE COURT WILL HOLD AN IN-PERSON CONFERENCE AT 4:00 PM ON FEBRUARY 8, 2012. If so, plaintiff's counsel shall submit a written report on the progress being made toward closing on the property every two weeks, with the first report due on February 14. (Vasquez, Lea) (Entered: 02/02/2012) | |||
| 2012-02-07 | 123 | 0 | Letter to Judge Gold updating the Court with the status of this case by Ursula Petersen (Racano, Frank) Modified on 2/8/2012 (Chee, Alvin). (Entered: 02/07/2012) | 2012-04-17 22:40:29 | 1bd965bc776d7ffa795185ed5607bcd0a5f0987f | |
| 2012-02-14 | 124 | 0 | Letter Status 2.14.12 by Ursula Petersen (Racano, Frank) (Entered: 02/14/2012) | 2012-04-17 22:42:40 | bdd0c49a80321784a84f720adb3d16267ab9bc77 | |
| 2012-02-28 | 125 | 0 | Letter Status 2.28.12 by Ursula Petersen (Racano, Frank) (Entered: 02/28/2012) | 2012-04-17 22:37:12 | 5bf475097b188866744f355331f05bb704192529 | |
| 2012-06-04 | 126 | 0 | STATUS REPORT ORDER: A review of the docket sheet indicates that the last docket entry was entered on 2/28/12. Parties have informally advised the Court that the case is near resolution. Counsel for plaintiff is directed to advise the Court by electronically filing an update on the status of the pending resolution, or in the alternative, a stipulation of discontinuance, no later than 6/22/12. Ordered by Judge Raymond J. Dearie on 6/4/2012. (Chee, Alvin) (Entered: 06/04/2012) | |||
| 2012-06-29 | 127 | 0 | STATUS REPORT by Aries Financial, LLC (Sosinsky, Frederick) (Entered: 06/29/2012) | |||
| 2012-07-03 | 128 | 0 | Letter to Judge Gold advising that the case has settled by Ursula Petersen (Racano, Frank) Modified on 7/5/2012 (Chee, Alvin). (Entered: 07/03/2012) | 2013-01-04 12:51:24 | 856c0d1aa027d9272fd8a6da84b0c022f2a7c8bd | |
| 2012-07-03 | 129 | 0 | STIPULATION of Dismissal by Ursula Petersen (Racano, Frank) (Entered: 07/03/2012) | 2012-07-06 17:24:57 | a6eeb1e9595661b0577eb2b57af0243e6c3a79dc | |
| 2012-07-09 | 130 | 0 | ORDER OF DISMISSAL: It having been reported to the Court by counsel that the case has been settled, this action is hereby dismissed without costs, and without prejudice to the right to reopen the action within 60 days if the settlement is not consummated. The Clerk of the Court is directed to close the case. Ordered by Judge Raymond J. Dearie on 7/9/2012. (Chee, Alvin) (Entered: 07/09/2012) |