Case docket: Catskill Development, et al v. Park Pl. Entertainme

Case details

Court:	nysd
Docket #:	7:00-cv-08660
Case Name:	Catskill Development, et al v. Park Pl. Entertainme
PACER case #:	204296
Date filed:	2000-11-13
Date terminated:	2006-11-30
Assigned to:	Judge Colleen McMahon
Case Cause:	28:1332ct Diversity-(Citizenship)
Nature of Suit:	190 Contract: Other
Jury Demand:	Both
Jurisdiction:	Diversity

Parties

Represented Party	Attorney & Contact Info
Catskill Development, L.L.C., Plaintiff TERMINATED: 06/16/2006	Andrew L. Frey Mayer Brown LLP (NY) 1221 Avenue of the Americas New York, NY 10020-1001 (212) 506-2500 Fax: (212) 262-1910 Email: afrey@mayerbrown.com LEAD ATTORNEY Bethany A. Breetz Stites & Harbison(Louisville) 400 W. Market St. Suite 1800 Louisville, KY 40202 (502)681-0634 Fax: (502) 587-6391 LEAD ATTORNEY Herbert F. Kozlov Reed Smith LLP (NYC) 599 Lexington Avenue New York, NY 10022 (212) 521-5400 Fax: (212) 521-5450 Email: hkozlov@reedsmith.com LEAD ATTORNEY John P. Gallagher Troutman Sanders, LLP (Atlanta ) 600 Peachtree Street, Ne, Suite 5200 Atlanta, GA 30308 (404)-885-3289 Fax: (404)-962-6591 Email: john.gallagher@troutmansanders.com LEAD ATTORNEY Thomas Philip Puccio 230 Park Avenue, Ste. 301 New York, NY 10169 (212) 883-6383 Fax: (212)883-6388 Email: tpuccio@lotpp.com LEAD ATTORNEY Sanford Ian Weisburst Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 Fax: (212) 849-7100 Email: sandyweisburst@quinnemanuel.com
Mohawk Management, L.L.C., Plaintiff TERMINATED: 06/16/2006	Andrew L. Frey (See above for address) LEAD ATTORNEY Bethany A. Breetz (See above for address) LEAD ATTORNEY Herbert F. Kozlov (See above for address) LEAD ATTORNEY J.D. Humphries , III Stites & Harbison, PLLC 303 Peachtree Street, NE 2800 SunTrust Tower Plaza Atlanta, GA 30308 (404) 739-8800 LEAD ATTORNEY John P. Gallagher (See above for address) LEAD ATTORNEY William W- Hopson Stites & Harbison, PLLC 303 Peachtree Street, NE 2800 SunTrust Tower Plaza Atlanta, GA 30308 (404) 739-8800 LEAD ATTORNEY Sanford Ian Weisburst (See above for address)
Monticello Raceway Development Company, L.L.C., Plaintiff	Andrew L. Frey (See above for address) LEAD ATTORNEY Bethany A. Breetz (See above for address) LEAD ATTORNEY Herbert F. Kozlov (See above for address) LEAD ATTORNEY J.D. Humphries , III (See above for address) LEAD ATTORNEY John P. Gallagher (See above for address) LEAD ATTORNEY Sanford Ian Weisburst (See above for address)
Catskill Litigation Trust Plaintiff TERMINATED: 06/16/2006	Sanford Ian Weisburst (See above for address)
Paul Debary Consolidated Plaintiff	John P. Gallagher (See above for address) LEAD ATTORNEY Sanford Ian Weisburst Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7170 Fax: (212) 849-7100 Email: sandyweisburst@quinnemanuel.com LEAD ATTORNEY Stephen F. Harmon Troutman Sanders LLP (NYC) 875 Third Avenue New York, NY 10022 212-704-6000 Fax: 212 704 6288 Email: Stephen.harmon@troutmansanders.com LEAD ATTORNEY William W. Hopson Stites & Harbison PLLC 303 Peachtree Street, NE 2800 SunTrust Tower Plaza Atlanta, GA 30308 (404) 739-8800 LEAD ATTORNEY
Joseph Bernstein Consolidated Plaintiff	John P. Gallagher (See above for address) LEAD ATTORNEY Sanford Ian Weisburst (See above for address) LEAD ATTORNEY Stephen F. Harmon (See above for address) LEAD ATTORNEY William W. Hopson (See above for address) LEAD ATTORNEY
St. Regis Mohawk Tribe Movant	Daniel Aaron Seff Burak Anderson & Melloni, Plc 30 Main Street, Ste. 210, Po Box 787 Burlington, VT 05402 (802) 862-0500 Fax: (802)-862-8176 Email: dseff@vtlaw1.com LEAD ATTORNEY
Park Place Entertainment Corporation, Defendant	David Boies , II Boies, Schiller & Flexner, LLP 10 North Pearl Street 4th Floor Albany, NY 12207 (518) 434-0660 LEAD ATTORNEY Paul R. Verkuil Boies, Schiller & Flexner LLP(NYC) 575 Lexington Avenue New York, NY 10022 (212) 446-2300 Fax: (212) 446-2360 Email: pverkuil@bsfllp.com LEAD ATTORNEY George F. Carpinello Boies, Schiller & Flexner LLP (FL) 401 East Las Olas Boulevard Suite 1200 Fort Lauderdale, FL 33301 518 434 0600 Fax: 518 434 0665 Email: gcarpinello@bsfllp.com
Harrah's Operating Company, Inc. Consolidated Defendant	George F. Carpinello (See above for address) ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2004-12-22	0	0		Mailed notice of Appeal to the attorney(s) of record. (pf, ) (Entered: 12/22/2004)
2000-11-13	1	0		COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # E382346. (ll) (Entered: 11/14/2000)
2000-11-13	2	0		RULE 1.9 CERTIFICATE filed by Catskill Development . (ll) (Entered: 11/14/2000)
2000-11-13	3	0		RULE 1.9 CERTIFICATE filed by Mohawk Management, L, Monticello Raceway D . (ll) (Entered: 11/14/2000)
2000-11-22	4	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D for John P. Gallagher to appear pro hac vice . Return date 1/11/98. (ll) (Entered: 11/28/2000)
2000-11-29	5	0		ORDER granting [4-1] motion for John P. Gallagher to appear pro hac vice .Paid $25.00 fee receipt #E382438 ( signed by Judge Colleen McMahon ); Copies mailed. (ll) (Entered: 11/29/2000)
2000-11-22	6	0		NOTICE OF MOTION by Mohawk Management, L for William W- Hopson to appear pro hac vice . Return date . (ll) (Entered: 11/30/2000)
2000-11-29	7	0		ORDER granting [6-1] motion for William W- Hopson to appear pro hac vice .Paid $25.00 fee receipt #382440 ( signed by Judge Colleen McMahon ); Copies mailed. (ll) (Entered: 11/30/2000)
2001-01-08	8	0		NOTICE OF MOTION by Mohawk Management, L, Monticello Raceway D for J.D. Humphries III to appear pro hac vice .No Return date . ($25.00 check is in vault) (pf) (Entered: 01/09/2001)
2001-01-05	9	0		Memo-Endorsement on letter addressed to USDJ McMahon from Alan B. Vickery, dated december 1, 2000. Re:to request that the Court grant dft an extension of 45 days in the time to move against, answer or otherwise respond to the complaint, form 12/4/00 until 1/18/01...ENDORSEMENT: No-20 days. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 01/09/2001)
2001-01-05	10	0		ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: ...If such a consent order is not filed within the time provided, a conference will be held on 3/2/01 in courtroom 521, 300 Quarropas Street, White Plains, NY at 9:00 a.m....So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 01/09/2001)
2001-01-12	11	0		Memo-Endorsement on letter addressed to Judge McMahon from George Carpinello, dated 01/11/01. Re: Extension of page limit on motion to dismiss. Endorsement: Granted CM. ( signed by Judge Colleen McMahon ); Copies mailed. (fk) (Entered: 01/16/2001)
2001-01-22	12	0		NOTICE OF MOTION by Park Pl. Entertainme to dismiss . Return date 1/8/01. (ll) (Entered: 01/22/2001)
2001-01-22	13	0		MEMORANDUM OF LAW by Park Pl. Entertainme in support of [12-1] motion to dismiss . (ll) (Entered: 01/22/2001)
2001-01-22	14	0		AFFIDAVIT of George F. Carpinello by Park Pl. Entertainme in support of [12-1] motion to dismiss . (ll) (Entered: 01/22/2001)
2001-01-26	15	0		ORDER OF ADMISSION granting [8-1] motion for J.D. Humphries III to appear pro hac vice (Petitioner's request to appear pro hac vice...is granted. So Ordered, 1/10/01..)($25.00 fee paid; receipt #386078) ( signed by Judge Colleen McMahon ); Copies mailed. (kz) (Entered: 01/30/2001)
2001-01-29	16	0		Memo-Endorsement on letter addressed to Judge McMahon from Marc D. Powers, dated 01/25/01. Re: request an adjournment of their time in which to submit opposition papers to the motion to dismiss and also request an extension of page limit to their memorandum and opposition. Endorsement: Both request granted. CM ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 01/30/2001)
2001-02-23	17	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L, Monticello Raceway D in opposition to [12-1] motion to dismiss . (pf) (Entered: 02/23/2001)
2001-02-26	18	0		RULE 1.9 CERTIFICATE filed by Park Pl. Entertainme . (dc) (Entered: 02/26/2001)
2001-03-02	19	0		Memo-Endorsement on letter addressed to Judge McMahon from Marc D. Powers, dated 2-28-01. Discovery disputes to the Magistrate. No more adournments- conf March 9 at 12:00 pm SO ORDERED. . ( signed by Judge Colleen McMahon ); Copies mailed. (dh) (Entered: 03/07/2001)
2001-03-07	20	0		Memo-Endorsement on letter addressed to Judge McMahon from George Carpinello, dated 3/1/1. Re: Page limitations. Granted. ( signed by Judge Colleen McMahon ); Copies mailed. (dh) (Entered: 03/08/2001)
2001-03-07	21	0		Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes. Referred to Magistrate Judge George A. Yanthis . ( signed by Judge Colleen McMahon ) (dh) (Entered: 03/08/2001)
2001-03-12	22	0		ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: See Document for details. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 03/13/2001)
2001-03-14	23	0		REPLY MEMORANDUM oF LAW IN SUPPORT by Park Pl. Entertainme re: [12-1] motion to dismiss (pf) (Entered: 03/14/2001)
2001-03-14	24	0		REPLY DECLARATION of George F. Carpinello by Park Pl. Entertainme in support Re: [12-1] motion to dismiss . (pf) (Entered: 03/14/2001)
2001-03-19	25	0		RULE 1.9 CERTIFICATE filed by Park Pl. Entertainme . (dc) (Entered: 03/19/2001)
2001-03-23	26	0		Letter filed addressed to All Counsel from Judge McMahon, dated 03/23/01, re: Filing Brief by 5:00 pm 03/28/01. (see doc for details.. (fk) (Entered: 03/26/2001)
2001-03-23	27	0		Letter filed by Mohawk Management, L, Monticello Raceway D addressed to Judge McMahon from John Gallegar, dated 03/22/01, re: Notification of Related Matters. (fk) (Entered: 03/27/2001)
2001-03-29	28	0		Letter filed by Park Pl. Entertainme addressed to Judge McMahon from George F. Carpinello, dated 03/28/01, re: For all the foregoing reasons, the so-called Court's decision in Arquette, et al. v. Park Place, et al. is not relevant to the Motion to Dismiss currently before the Court, and is legally null and void. See document for more details.. (dc) (Entered: 03/30/2001)
2001-03-30	29	0		Letter filed by Catskill Development addressed to Judge McMahon from Thomas P. Puccio, dated 03/29/01, re: Reponse to your March 23, 2001 letter, we join in the arguments made by Plaintiffs Mohawk Management, LLC and Monticello Raceway Dev. Co., LLC in their letter to you dated March 28, 2001.. (dc) (Entered: 03/30/2001)
2001-04-26	30	0		Letter filed addressed to All Parties in Catskill Dev. v. Park Place from USDJ Colleen McMahon, dated 4/25/01, re: The Court reviewed the 4/10/01 decision issued in Saratoga County Chamber of Commerce, Inc. v. Pataki, Index No. 5507-99, by New York State Supreme Court Justice Joseph C. Teresi. Please, submit, before 5 p.m. on Wed., 5/2/01, any comments you may have as to the effect of Justice Teresi's decision on this lawsuit, including how the Saratoga ruling affects Catskill's claim for damages in the form of lost profits-whether, as a matter of law, the claim is now speculative or uncertain. As before, please limit your submission to 5 pages. (signe, USDJ McMahon). (pf) (Entered: 04/30/2001)
2001-05-03	31	0		Letter filed addressed to Judge McMahon from George Carpinello, dated 5-2-01, . (dh) (Entered: 05/04/2001)
2001-05-03	32	0		Letter filed addressed to Judge McMahon from John Gallagher, dated 5/2/01, . (dh) (Entered: 05/04/2001)
2001-05-15	33	0		MEMORANDUM AND DECISION granting in part, denying in part [12-1] motion to dismiss ... Plntffs' First, Third and Fourth Causes of Action are dismissed. This constitutes the order and decision of the Court. SO Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 05/16/2001)
2001-05-29	34	0		ANSWER to Complaint by Park Pl. Entertainme (Attorney David Boies from the Firm: Boies, Schiller & Flexner LLP) . (pf) (Entered: 05/30/2001)
2001-05-30	35	0		NOTICE OF MOTION by Catskill Development for reconsideration of [33-1] order . No Return date indicated. (dcr) (Entered: 05/31/2001)
2001-05-30	36	0		BRIEF IN SUPPORT by Catskill Development re: [35-1] motion for reconsideration of [33-1] order (dcr) (Entered: 05/31/2001)
2001-06-14	37	0		MEMORANDUM OF LAW by Park Pl. Entertainme in opposition to [35-1] motion for reconsideration of [33-1] order . (pf) (Entered: 06/14/2001)
2001-06-21	38	0		REPLY MEMORANDUM OF LAW by Catskill Development in support of [35-1] motion for reconsideration of [33-1] order. (dc) Modified on 06/26/2001 (Entered: 06/26/2001)
2001-07-13	39	0		Letter filed addressed to George F. Carpinello, Esq. from Marc D. Powers, dated 7/3/01, re: to confirm your discussions with plntffs' counsel these past few weeks concerning dft's Document response and production... (pf) (Entered: 07/16/2001)
2001-07-13	40	0		Letter filed addressed to George F. Carpinello from Marc D. Powers, dated 7/4/01, re: in furtherance of my letter to you yesterday concerning Plntffs' scheduling of depositions commencing next Monday, July 9th.... (pf) (Entered: 07/16/2001)
2001-07-13	41	0		Letter filed addressed to George F. Carpinello, esq. from Marc D. Powers, dated 7/6/01, re: As we discussed yesterday, we have adjourned the examinations of Chief Smoke, chief Ransom, and Mr. McDonald, previously scheduled for 7/9/01, 7/10/01 and 7/16/01, respectively.... (pf) (Entered: 07/16/2001)
2001-07-13	42	0		Letter filed addressed to USMJ Yanthis from John P. Gallagher, dated 7/9/01, re: This letter is submitted on behalf of all plntffs in response to Park Place Entertainment Corp.'s response to plntffs' first request for prod of docs.... (pf) (Entered: 07/16/2001)
2001-07-13	43	0		Letter filed addressed to USMJ Yanthis from George F. Carpinello, dated 7/9/01, re: We write to seek Court intervention with regard to two discovery disputes in the above entitled matter.... (pf) (Entered: 07/16/2001)
2001-07-13	44	0		Letter filed addressed to USMJ Yanthis from John P. Gallagher, dated 7/9/01, re: This third letter is submitted on behalf of all pntffs("catskill") and concerns Catskill's objections to Park Place's specific objections to document requests 3,7,8,11,17 and 18.... (pf) (Entered: 07/16/2001)
2001-07-13	45	0		Letter filed addressed to USMJ Yanthis from John P. Gallagher, dated 7/9/01, re: This letter is submitted on behalf of all Plntffs("Catskill") in response to Park Place Entertainment Corp's response to plntffs' first request for prod of docs... (pf) (Entered: 07/16/2001)
2001-07-13	46	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanthis from George F. Carpinello, dated 07/11/01, re: Response to the three letters that were sent to you on July 10, 2001 (of all which are dated July, 9, 2001) by plaintiffs' counsel. (dc) (Entered: 07/18/2001)
2001-07-13	47	0		Letter filed by Catskill Development, Mohawk Management, L, Monticello Raceway D addressed to Judge Yanthis from Marc D. Powers, dated 07/13/01, re: I write on behalf of the Plaintiffs ("Catskill"), in Opposition to Defendant, Park Place Entertainment Corp's ("PPE"), letter motion of July 9, 2001, seeking a protective Order to enjoin any deposition of Stephen Bollenbach, Chairman of the Board for PPE, before depositions of other PPE employees. (dc) (Entered: 07/18/2001)
2001-07-13	48	0		Letter filed by Catskill Development, Mohawk Management, L, Monticello Raceway D addressed to Judge Yanthis from Marc D. Powers, dated 07/13/01, re: I write on behalf of the Plaintiffs (Catskill"), in opposition to Deft., Park Place Entertainment Corp.'s ("PPE"), letter motion of July 9, 2001, seeking an order to preclude all depositions until two weeks after completion of document production and resolution of all outstanding issues concerning the completeness of such production. Catskill respectfully requests that your Honor deny PPE's Motion on the following grounds: See document for more details. (dc) Modified on 07/18/2001 (Entered: 07/18/2001)
2001-07-13	49	0		CONSENT SCHEDULING ORDER: Upon consent of the parties, it is hereby ORDERED as follows: Rule 26(a) discovery must be exchanged on or before 07/02/01; No additional parties may be joined after 10/31/02; No amenments to the pleading will be permitted after 10/31/02; All discovery shall be completed on or before 02/02/02; A joint pretrial order in the form prescribed in Judge McMahon's individual rules shall be filed on or before 05/15/02; Responses to in limine motions, if any, shall be filed by 06/14/02. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 07/19/2001)
2001-07-13	50	0		Memo-Endorsed Order from [50-1] letter addressed to Judge Yanthis from John P. Gallagher, dated 07/09/01. Re: Presently before the Court are several discvoery disputes. The parties have submitted letter briefs to the Court. Plaintiff Catskill has noticed several depositions beginning 07/23/01 and others beginning 08/10/01. Defendant Park Plaace Entertainment Corp. ("PPE") reqeuests that depositions be scheduled no earlier than two weeks after completion of document production and resolution of all outstanding issues concerning the completeness of such production. PPE contends that conducting depositions prior to documents being exchanged would be wasteful and inefficient. Catskill generally asserts that there are no valid reason to delay the noticed depositions. PPE also seeks a protective order precluding the deposition of its Board Chairman, Stephen Bollenbach. Moreover, the parties also have disputes concerning the scope of document production in this case. A conference to discuss said issues will be held on Tuesday, July 31, 2001 at 10:00 am. The Court will unavailable until that date. The Court directs that the July shall be adjourned pending the outcome of the conference. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 07/19/2001)
2001-07-25	51	0		MEMORANDUM DECISION and ORDER...granting [35-1] motion for reconsideration of [33-1] order ....For the foregoing reasons discussed above, pla's motion for reconsideration is granted, and deft's motion to dismiss the claim for tortious interferance with the Land Purchase Agreement is denied. Portions of the May 14 opinion are vacated as discussed above. So Ordered ( signed by Judge Colleen McMahon ); Copies mailed. (fk) (Entered: 07/26/2001)
2001-08-02	52	0		Memo-Endorsement on letter addressed to USDJ McMahon from Herbert F. Kozlov, dated 7/30/01. Re: an administrative matter...Upon reviewing the 7/13/01 Consent Scheduling Order, Plntffs' counsel observed that at items 2 and 3, the Court has set 10/31/02 as the cutoff date to join parties and to amend the pleadings...You are correct-sorry. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 08/03/2001)
2001-08-10	53	0		NOTICE OF MOTION by St. Regis Mohawk Tri pursuant to FRCP 26(c), for a protective order directing that third-party depositions of Tribe officers and attys and third-party document discovery from Tribe attys not go forward on the grounds that... .No Return date 6/8/01. (pf) (Entered: 08/13/2001)
2001-08-10	54	0		AFFIDAVIT of Daniel Seff by St. Regis Mohawk Tri in support of [53-1] motion pursuant to FRCP 26(c), for a protective order directing that third-party depositions of Tribe officers and attys and third-party document discovery from Tribe attys not go forward on the grounds that... . (pf) (Entered: 08/13/2001)
2001-08-13	55	0		DECLARATION of Stephen Bollenbach by Park Pl. Entertainme Re: . (pf) (Entered: 08/13/2001)
2001-08-20	56	0		ORDER: Presently before the Court are several discovery disputes. The Court has reviewed letter briefs submitted by the parties and held a telephone conference with counsel on July 31, 2001 to discuss the issues. The Court now rules on the following issues as follows: See document for details. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 08/21/2001)
2001-08-23	57	0		DECLARATION of Marc D. Powers by Catskill Development Re: [53-1] motion pursuant to FRCP 26(c), for a protective order directing that third-party depositions of Tribe officers and attys and third-party document discovery from Tribe attys not go forward on the grounds that... . (ll) (Entered: 08/24/2001)
2001-08-23	58	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L in opposition to [53-1] motion pursuant to FRCP 26(c), for a protective order directing that third-party depositions of Tribe officers and attys and third-party document discovery from Tribe attys not go forward on the grounds that... . (ll) (Entered: 08/24/2001)
2001-08-27	59	0		REPLY MEMORANDUM OF LAW IN SUPPORT by St. Regis Mohawk Tri re: [53-1] motion pursuant to FRCP 26(c), for a protective order directing that third-party depositions of Tribe officers and attys and third-party document discovery from Tribe attys not go forward on the grounds that... (pf) (Entered: 08/29/2001)
2001-09-10	60	0		CONFIDENTIALITY STIPULATION and ORDER...(see doc for details)... SO Ordered . ( signed by Judge Colleen McMahon ) (fk) (Entered: 09/20/2001)
2001-10-04	61	0		Letter filed addressed to USMJ Yanthis from Marc Powers, dated 7/13/01, re: ...in opposition to Dft, Park Place Entertainment Corp.'s, letter motion of 7/9/01, seeking a protective order to join any deposition of Stephen Bollenbach.... (pf) (Entered: 10/05/2001)
2001-10-04	62	0		Letter filed addressed to USMJ Yanthis from Marc Powers, dated 7/13/01, re: ...in opposition to Dft, Park Place Entertainment Corp.'s, letter motion of 7/9/01, seeking an order to preclude all epositions until two weeks after completion of document production and resolution of alloutstanding issues concerning the completeness of such production.... (pf) (Entered: 10/05/2001)
2001-10-04	63	0		ORDER: Presently before the Court is a dispute among the parties concerning a deposition sought to be taken by the plaintiff Catskill Development ("Catskill") of Stephen Bollenbach, Chairman of the Board of the deft. Park Place Entertainment Corp. ("Park Place"). Park Place seeks a protective Order enjoining the deposition of Bollenbach generally contending that he does not have any "unique knowledge" that could not be obtained from other witnesses. Park Place had submitted a decleration from Bollenbach in which he states that: "I have no first hand knowledge of the events surrounding Catskill's claim. I understanding that Catskills alleges that certain representations were made to the Mohawks by the late Arthur Goldberg and Clive Commis. I have no Knowledge of any such representations and to my knowledge, no such representations have ever been discussed at a meeting of the Board of Directors of Park Place." Catskill opposes said application and asserts that they believe Bollenbach would have relevant information. Given the above quoted decleration of Bellenbach, which has not been contradicted by any other evidentiary factual assertions, the Court concludes that the protective order should be granted at this time consistent with the prevailing legal standards. However, the Court gives Catskill leave to renew their request to depose Bollenbach if discovery in this matters shows that a deposition would be justified. Any renewal of the request of depose Bollenbach must be made within the time for discovery herein. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 10/09/2001)
2001-10-19	64	0		NOTICE by Catskill Development, Mohawk Management, L, Monticello Raceway D to take deposition of Clive Cummis on Oct. 30, 2001; n subpoena(s) issued. (ll) (Entered: 10/22/2001)
2001-11-28	65	0		Letter filed by Catskill Development, Mohawk Management, L, Monticello Raceway D addressed to Judge George A. Yanthis from John P. Gallagher, dated November 21, 2001, re: in response to Park Place's letter of 11/19/01 alleging a "discovery abuse". (pm) (Entered: 11/30/2001)
2001-11-28	66	0		Memo-Endorsement on letter addressed to USMJ Yanthis from George F. Carpinello, dated 11/19/01. Re: Plntffs' abuse of discovery materials in the above referenced matter...ENDORSEMENT: Application denied. Dft has not sufficiently demonstrated a breach of confidentiality agreement or other discovery abuse. So ordered: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (pf) (Entered: 11/30/2001)
2001-12-07	67	0		Letter filed by Catskill Development, Mohawk Management, L addressed to Judge Yanthis from John P. Gallagher, dated December 6, 2001, re: scheduling dispute. (sv) (Entered: 12/10/2001)
2001-12-28	68	0		MEMORANDUM DECISION AND ORDER: The Court previously held that the Tribe's sovereign immunity shielded it from enforcement of subpeonas directed at three tribal officials and two tribal attorneys. See Memorandum Decision and Order (Yanthis, J.) dated 12/28/01. The Key Bank Subpeona at issue demands production of "monthly bank statements, including check and deposit slips, whether personal and/or commercial, opened and/or maintained by the Mohawks." Clearly, based upon the Court's previous ruling, had plaintiffs subpeonaed the Tribe demanding that it produce these bank reocrds, the Tribe's sovereign immunity would prevent enforcement of the subpoena. The outcome does not change simply because the subpeonaed documents are held by a third pary and not by the Tribe itself. Accordingly, plaintiffs' motion is denied and the Key Bank Subpeona is quashed. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 01/02/2002)
2001-12-28	69	0		MEMORANDUM DECISION AND ORDER: Presently before this Court is a dispute concerning plaintiffs' issuance of Subpeonas to the following non-party witnesses: Hilda Smoke and Alma Ransom, Tribal Chiefs of the St. Regis Mohawk Tribe ("the Tribe"), the Tribe's Executive Director, Angus McDonald, and Hans Walker, Jr. and Bradley S. Waterman, counel for the Tribe. The Tribe has moved to quash sais subpeonas pursuant to FRCP 45(c)(3)(A), on the grounds of sovereign immunity. For the reasons that follow(See Document for details), the Tribe's Motion is granted. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 01/02/2002)
2001-12-28	70	0		Letter filed by Catskill Development, Mohawk Management, L, Monticello Raceway D addressed to Magistrate Yanthis from Marc D. Powers, dated December 13, 2001, re: request a conference with the Court regarding a subpoena duces tecum plaintiffs served on a non-party witness. (sv) (Entered: 01/02/2002)
2001-12-28	71	0		Letter filed by St. Regis Mohawk Tri addressed to Magistrate Judge Yanthis from Russell D. Barr, dated December 17, 2001, re: response to Plantiff's attornet Marc D. Powers' December 13, 2001 letter requesting a conference. (sv) (Entered: 01/02/2002)
2001-12-28	72	0		Letter filed by Catskill Development, Mohawk Management, L, Monticello Raceway D addressed to Magistrate Judge Yanthis, dated Marc D. Powers, re: reply to the December 17, 2001 letter brief from Barr & Associates, P.C.. (sv) (Entered: 01/02/2002)
2002-01-04	73	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D for Bethany A. Breetz to appear pro hac vice . Return date 7/9/01. (ll) (Entered: 01/07/2002)
2002-01-08	74	0		ORDER OF ADMISSION: granting [73-1] motion for Bethany A. Breetz to appear pro hac vice. It appearing to the Court that the requirments stated in 1.3(c) admission Pro Hac Vice have been satisfied, Petitioner's request to appear Pro Hac Vice in the U.S. District Court for the S.D.N.Y. in the subject case is GRANTED. $25.00 Fee Paid. Receipt# 417289. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 01/10/2002)
2002-01-14	75	0		Letter filed addressed to Judge Yanthis from Alexis H. Johnson, Esq., dated Jan. 8, 2002, re: Arizona Subpoena. (ll) (Entered: 01/14/2002)
2002-01-11	76	0		Letter filed addressed to Judge Yanthis from Alexis H. Johnson, dated Jan. 10, 2002, re: he has not received a copy of complaint in this action. (ll) (Entered: 01/14/2002)
2002-01-11	77	0		Letter filed by Mohawk Management, L, Monticello Raceway D addressed to Hon. Yanthis from Marc D. Powers, dated Jan. 11, 2002, re: subpoena and letter from A.H. Johnson, Esq.. (ll) (Entered: 01/14/2002)
2002-01-11	78	0		MEMORANDUM DECISION AND ORDER: On 01/08/02, this Court received a letter (by fax) from Alexis H. Johnson, Esq., a resident of Arizona, wherein Mr. Johnson seeks to quash a subpeona served upon him with respect to the present action. Counsel for plaintiffs Mohawk Management, LLC and Monticello Raceway Dev. Co., LLC issued the subpeona on behalf of the USDC, District of Arizona. Mr. Johnson's objections are not properly before this Court. His Motion to quash must be brought before the District Court in Arizona. See FRCP 45(c)(3)(A). SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 01/14/2002)
2002-01-15	79	0		Letter filed by Mohawk Management, L, Monticello Raceway D addressed to Judge Yanthis from Marc D. Powers, dated January 11, 2002, re: response to January 8, 2002 letter. (sv) (Entered: 01/15/2002)
2002-01-15	80	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanths from George R. Carpinello, dated December 11, 2001, re: plaintiff's refusal to produce documents. (sv) (Entered: 01/15/2002)
2002-01-15	81	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanthis from George F.Carpinello, dated December 18, 2001, re: response to Mr. Puccio's letter of December 17, 2001. (sv) (Entered: 01/15/2002)
2002-01-15	82	0		Letter filed by Catskill Development, Mohawk Management, L addressed to Judge Yanthis from Thomas P. Puccio, dated December 17, 2001, re: response to Defendant's letter of December 11, 2000. (sv) (Entered: 01/15/2002)
2002-01-15	83	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanthis from George F. Carpinello, dated January 4, 2002, re: respectfully request that this Court order plaintiffs to produce Mr. Tollmam on Janaury 16, 2002. (sv) (Entered: 01/15/2002)
2002-01-15	84	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanthis from George F. Carpinello, dated January 7, 2002, re: response to John Gallagher's letter of January 4, 2002. (sv) (Entered: 01/15/2002)
2002-01-15	85	0		Letter filed by Catskill Development, Mohawk Management, L addressed to Judge Yanthis from John P. Gallagher, dated January 4, 2002, re: defendants' response to plantiff's second request for production of documents. (sv) (Entered: 01/15/2002)
2002-01-14	86	0		Memo-Endorsement on letter addressed to Judge Yanthis from John P. Gallagher, dated 01/11/02. Re: Response to Park Place's letter of 01/04/02 regarding the deposition of Stanley S. Tollman. ENDORSED: Parties are directed to confer and agree upon date to depose Mr. Gross during the discovery period. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 01/16/2002)
2002-01-14	87	0		Memo-Endorsement on letter addressed to George F. Carpinello from George F. Carpinello, dated 01/14/02. Re: Response to Mr. Gallagher's letter to you of 01/11/02, which was telefaxed to us at 8:30 pm on that date. ENDORSED: Mr. Tollman is a director of Catskill Dev. on record Lefoe the Court. Therefore, he is to be produced for deposition without subpeona. Deposition shall take place as scheduled or if witnesses not available at a date during the discovery period which is agreed upon. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 01/16/2002)
2002-01-15	88	0		MEMORANDUM DECISION AND ORDER: Presently before this Court are the parties' disputes concerning (1) deft's requests for production of documents concerning plaintiffs' "Suitability" and (2) plaintiffs' requests for production of documents concerning deft's "Suitability." Based upon my review of the parties' letter briefs and responses (dated 12/11/01, 12/17/01, 12/18/01, 01/04/02 and 01/07/02 and consideration of the information gathered during the telephone conference of 12/27/01, the Court orders the followoing: See document for details. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 01/16/2002)
2002-01-17	89	0		Letter filed addressed to USMJ Yanthis from Marc Powers, dated 1/15/02, re: seeking immediate relief from the Court since less than three weeks remain before the close of discovery in this case.... (pf) (Entered: 01/18/2002)
2002-01-17	90	0		Letter filed addressed to USMJ Yanthis from George Carpinello, dated 1/16/02, re: in response to Mr. Powers' letter to you of 1/15/02.... (pf) (Entered: 01/18/2002)
2002-01-17	91	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanthis from George F. Carpinello, dated January 16, 2002, re: brief extension of the discovery period. (sv) (Entered: 01/22/2002)
2002-01-24	92	0		SEALED DOCUMENT placed in vault. Log number 5326. Plaintiff Objections to Judge Yanthis' Discovery Orders. (sv) (Entered: 01/29/2002)
2002-01-25	93	0		CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for: Conference and Oral Argument before the Honorable Colleen McMahon, USDJ, on Thursday, 02/07/02 at 10:00 am in Courtroom 521, at the U.S. District Courthouse, 300 Quarropas Street, White Plains, NY 10601. SO ORDERED: (Signed by: Colleen McMahon, USDJ) (dc) (Entered: 01/28/2002)
2002-01-29	94	0		Letter filed addressed to Mag. Judge Yanthis from Marc D. Powers, dated 1-28-02, re: discovery dispute. (dh) (Entered: 01/30/2002)
2002-01-29	95	0		Letter filed addressed to Judge Yanthis from George F. Carpinello, dated 1-29-02, re: response to discovery dispute. (dh) (Entered: 01/30/2002)
2002-01-30	96	0		Objection(s) by Catskill Development, Mohawk Management, L, Monticello Raceway D to [88-1] order . (pf) (Entered: 01/30/2002)
2002-02-04	97	0		RESPONSE to Plaintiffs' objection to Magistrate Judge Yanthis's discovery order of Dec. 28, 2001 by Park Pl. Entertainme Re: [69-1] order (ll) (Entered: 02/04/2002)
2002-02-04	98	0		RESPONSE to Plaintiffs' Objection to Mag. Judge Yanthis's Discovery rulings of Jan. 15, 2002 by Park Pl. Entertainme Re: [88-1] order (ll) (Entered: 02/04/2002)
2002-02-04	99	0		RESPONSE by St. Regis Mohawk Tri Re: [96-1] miscellaneous (pf) (Entered: 02/04/2002)
2002-02-05	100	0		Objection(s) by Catskill Development, Mohawk Management, L, Monticello Raceway D to [88-1] order . (pf) (Entered: 02/05/2002)
2002-02-07	101	0		RESPONSE by Park Pl. Entertainme Re: [100-1] miscellaneous, [96-1] miscellaneous (pf) (Entered: 02/07/2002)
2002-02-07	102	0		REPLY IN FURTHER SUPPORT OF OBJECTIONS by Catskill Development, Mohawk Management, L, Monticello Raceway D Re: [100-1] miscellaneous (sv) (Entered: 02/08/2002)
2002-02-20	103	0		Memorandum Decision and ORDER The Magistrate Judge's Dec. 28, 2001 Orders are reversed as they pertain to the Ransom and Smoke subpoenas, are reversed in part and sustained in part as they pertain to the Waterman subpoena and are sustained as they pertain to the Walker, McDonald and Key Bank subpoenas. The Tribe's oral motion for certification to the Second Circuit is denied. Plaintiffs' objections to Judge Yanthis' Jan. 15, 2002 Order and his Jan. 17, 2002 Order are overruled. So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. (ll) (Entered: 02/20/2002)
2002-03-01	104	0		Letter filed addressed to Mag. Judge Yanthis from Andrew Donnellan, JR., dated 2-20-02, re: Jason Ader, non party witness. (dh) (Entered: 03/04/2002)
2002-03-01	105	0		Letter filed addressed to Mag. Judge Yanthis from Andrew Donnellan Jr., dated 2-27-02, re: Jason Ader, non party witness. (dh) (Entered: 03/04/2002)
2002-03-01	106	0		Letter filed addressed to Judge Yanthis from John Gallagher, dated 2-20-02, re: 1-14-02 ruling. (dh) (Entered: 03/04/2002)
2002-03-01	107	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-22-02, re: response to 2-20-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	108	0		Letter filed addressed to Judge Yanthis from John Gallagher, dated 2-25-02, re: response to 2-22-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	109	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-22-02, re: response to 2-20-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	110	0		Letter filed addressed to Mag. Judge Yanthis from Marc Powers, dated 1-28-02, re: non party witness Gary Melius. (dh) (Entered: 03/04/2002)
2002-03-01	111	0		Letter filed addressed to Mag. Judge Yanthis from Marlene L. Budd, dated 2-1-02, re: Gary Melius. (dh) (Entered: 03/04/2002)
2002-03-01	112	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-27-02, re: Depositions of Robert Conover,. (dh) (Entered: 03/04/2002)
2002-03-01	113	0		Letter filed addressed to Mag. Judge Yanthis from Marc Powers, dated 1-28-02, re: order 1-17-02. (dh) (Entered: 03/04/2002)
2002-03-01	114	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-13-02, re: response to 2-5-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	115	0		Letter filed addressed to Mag. Yanthis from Marc Powers, dated 2/15/02, re: response to 2-13-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	116	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-20-02, re: response to 2-15-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	117	0		Letter filed addressed to Judge Yanthis from Marc Powers, dated 2-5-02, re: discovery order dated 1-17-02. (dh) (Entered: 03/04/2002)
2002-03-01	118	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 1-29-02, . (dh) (Entered: 03/04/2002)
2002-03-01	119	0		Letter filed addressed to Judge Yanthis from John Gallagher, dated 1-30-02, re: 1-29-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	120	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-5-02, re: response to 1-30-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	121	0		Letter filed addressed to Judge Yanthis from John Gallagher, dated 2-5-02, re: response 2-5-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	122	0		Letter filed addressed to Judge Yanthis from George Carpinello, dated 2-5-02, re: response to 2-5-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	123	0		Letter filed addressed to Judge Yanthis from Herbert Kozlov, dated 2-14-02, re: Senator Robert Torricelli. (dh) (Entered: 03/04/2002)
2002-03-01	124	0		Letter filed addressed to Judge Yanthis from Patricia Mack Bryan, dated 2-21-02, re: response to 2-14-02 letter. (dh) (Entered: 03/04/2002)
2002-03-01	125	0		Letter filed addressed to Judge Yanthis from James L. Brochin, dated 2-25-02, re: Senator Robert Torricelli. (dh) (Entered: 03/04/2002)
2002-03-01	126	0		Letter filed addressed to Judge McMahon from Mark Pomerantz, dated 2/25/02, re: Senator Robert Torricelli. (dh) (Entered: 03/04/2002)
2002-03-01	127	0		ORDER granting in part, denying in part [53-1] motion pursuant to FRCP 26(c), for a protective order directing that third-party depositions of Tribe officers and attys and third-party document discovery from Tribe attys not go forward on the grounds that... See document for details. So Ordered: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (ll) (Entered: 03/06/2002)
2002-03-05	128	0		Memo-Endorsement on letter addressed to Magistrate Judge George A. Yan from Andrew B. Donellan, Jr., dated March 4, 2002. Re: typgraphical error in the date. ENDORSED: The 3/1/02 Memoradum Decision and Order, paragraph 6, is hereby amended to state April 14, 2000 instead of April 14, 2001. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (sv) (Entered: 03/06/2002)
2002-03-01	129	0		Letter filed by Mohawk Management, L addressed to Judge Yanthis from Steven Brown, dated 1/29/02, re: rquest order removing defenant's confidentiality designation. (bls) (Entered: 03/07/2002)
2002-03-01	130	0		Letter filed by Park Pl. Entertainme addressed to Judge Yanthis from George Carpinello, dated 1/29/02, re: designation of the Brosig deposition. (bls) (Entered: 03/07/2002)
2002-03-01	131	0		Letter filed by Mohawk Management, L addressed to Judge Yanthis from Steven Brown, dated 1/30/02, re: removing confidentiality of the deposition. (bls) (Entered: 03/07/2002)
2002-03-13	132	0		Letter filed addressed to Judge Yanthis from Thomas Puccio, dated 3/13/02, re: response to defendants letter. (dh) (Entered: 03/13/2002)
2002-03-13	133	0		Letter filed addressed to Marc from Daniel Seff, dated 3/5/02, re: potential dates for deposition. (dh) (Entered: 03/13/2002)
2002-03-13	134	0		Letter filed addressed to Judge Yanthis from John Gallagher, dated 3/13/02, re: ext of discovery. (dh) (Entered: 03/13/2002)
2002-03-13	135	0		Letter filed addressed to Dan from Marc Powers, dated 3-6-02, re: availability for depositions. (dh) (Entered: 03/13/2002)
2002-03-13	136	0		Letter filed addressed to Ms. Hilbert from James Wilson, dated 3/13/02, re: copy of letter. (dh) (Entered: 03/13/2002)
2002-03-14	137	0		MEMORANDUM ENDORSED ORDER: Deft. Park Place has requested a one month extension for the completion of depositions from March 29, 2002 to April 30, 2002. Plaintiffs oppose any extension. The request has been referred to Judge McMahon who has the sole authority to extend the discovery date. Judge McMahon has extended the date to complete depositions until 04/10/02. No further extensions. SO ORDERED: ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (dc) (Entered: 03/15/2002)
2002-03-14	138	0		ORDER...depositions will be held in Albany, NY. Judge Yanthis will preside over disputes rising from the depositions by telephone. ( signed by Judge Colleen McMahon ); Copies mailed. (ad) (Entered: 03/20/2002)
2002-04-03	139	0		SEALED DOCUMENT placed in vault.Log #5381. Letter dated 4/2/02 and Order dated 4/3/02 by Mag. Judge yanthis. (pf) (Entered: 04/04/2002)
2002-04-18	140	0		MEMORANDUM OF LAW IN SUPPORT by Catskill Development, Mohawk Management, L, Monticello Raceway D in support of [35-1] motion for reconsideration of [33-1] order . (sv) (Entered: 04/18/2002)
2002-04-18	141	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D for leave to renew and reconsideration plaintiffs' objection to the order of Magistrate Judge George A. Yanthis dated December 28, 2001, quashing the subpeona served on Angus McDonald , to vacate that portion of the Court's 02/20/02, Memorandum and Decision overruling plaintiff's objection to the 12/28/01 Order quashing the subpeona served on Angus McDonald and for an Order compelling the deposition of Angus McDonald on or before May 6, 2002 . Decleration in support by Marc D. Powers attached. No Return date indicated. (dc) Modified on 04/19/2002 (Entered: 04/19/2002)
2002-04-19	142	0		Memo-Endorsement on letter addressed to Judge McMahon from Marc D. Powers, dated April 17, 2002. Re: request the opportunity to reply and that the Court hear oral argument. ENDORSEMENT: Tribe to serve opposition papers by April 25, no reply, no oral argument. ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 04/22/2002)
2002-04-23	143	0		Memo-Endorsement on letter addressed to Judge McMahon from Daniel A. Seff, dated April 22, 2002. Re: one-day extension: ENDORSEMENT: Absolutely. ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 04/23/2002)
2002-04-29	144	0		MEMORANDUM OF LAW by St. Regis Mohawk Tri in opposition to [141-1] motion for leave to renew and reconsideration plaintiffs' objection to the order of Magistrate Judge George A. Yanthis dated December 28, 2001, quashing the subpeona served on Angus McDonald, [141-2] motion to vacate that portion of the Court's 02/20/02, Memorandum and Decision overruling plaintiff's objection to the 12/28/01 Order quashing the subpeona served on Angus McDonald and for an Order compelling the deposition of Angus McDonald on or before May 6, 2002 . (pf) (Entered: 04/29/2002)
2002-05-08	145	0		MEMORANDUM DECISION & 0ORDER denying [141-1] motion for leave to renew and reconsideration plaintiffs' objection to the order of Magistrate Judge George A. Yanthis dated December 28, 2001, quashing the subpeona served on Angus McDonald, denying [141-2] motion to vacate that portion of the Court's 02/20/02, Memorandum and Decision overruling plaintiff's objection to the 12/28/01 Order quashing the subpeona served on Angus McDonald and for an Order compelling the deposition of Angus McDonald on or before May 6, 2002 . ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 05/09/2002)
2002-05-17	146	0		NOTICE OF MOTION by Park Pl. Entertainme for summary judgment . Return Date //** at 0:00. (fk) (Entered: 05/20/2002)
2002-05-17	147	0		RULE 56.1 STATEMENT filed by Park Pl. Entertainme (fk) (Entered: 05/20/2002)
2002-05-17	148	0		MEMORANDUM OF LAW by Park Pl. Entertainme in support of [146-1] motion for summary judgment . (fk) (Entered: 05/20/2002)
2002-05-17	149	0		DECLARATION of George Carpinello by Park Pl. Entertainme Re: [146-1] motion for summary judgment . (fk) (Entered: 05/20/2002)
2002-05-17	150	0		SEALED DOCUMENT placed in vault. Log #5433. Exhibits (fk) (Entered: 05/20/2002)
2002-05-30	151	0		Letter filed addressed to Judge Colleen McMahon from George F. Carpinello, dated 5/29/02, re: Plaintiff's response time to time to the Motion for Summary Judgement......... (jma) (Entered: 05/31/2002)
2002-05-29	152	0		Memo-Endorsement on letter addressed to Judge McMahon from Marilyn C. Kunstler, dated 05/24/02. Re: Request for a thirty day extension, from June 7, 2002, to July 8, 2002, to provide deft's expert discovery in this matter. ENDORSED: Discuss W/Judge Yanthis Immediately! ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 05/31/2002)
2002-05-29	153	0		Memo-Endorsement on letter from Catherine M. Banich, to Judge Colleen McMahon, dated 5/29/02. Re: a request for additional time to respond and the the Court direct the the plaintiff's response to deft's. summary judgment motion be served on or before 6/14/02. ( signed by Judge Colleen McMahon ); Copies mailed. (jma) (Entered: 06/03/2002)
2002-06-05	154	0		Memo-Endorsement on letter addressed to Judge Yanthis from George F. Carpinello, dated June 5, 2002. Re: Court's decision. Endorsed. So Ordered. ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (sv) (Entered: 06/07/2002)
2002-06-06	155	0		Memo-Endorsement on letter addressed to Judge McMahon from Catherine M. Banich, dated May 28, 2002. Re:clarification on the deadline for the response to the motion for summary judgment. Endorsed: The signed Consent Order trumps my usual rule. ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 06/07/2002)
2002-05-31	156	0		NOTICE OF MOTION by Park Pl. Entertainme in limine to allow the Jury to Draw an adverse inference against plaintiffs . (dc) (Entered: 06/10/2002)
2002-05-31	157	0		MEMORANDUM OF LAW by Park Pl. Entertainme in support of [156-1] motion in limine to allow the Jury to Draw an adverse inference against plaintiffs. (dc) (Entered: 06/10/2002)
2002-05-31	158	0		NOTICE OF MOTION by Park Pl. Entertainme in limine to preclude the introduction of evidence with regard to plaintiffs' out-of-pocket expenses . (dc) (Entered: 06/10/2002)
2002-05-31	159	0		MEMORANDUM OF LAW by Park Pl. Entertainme in support of [158-1] motion in limine to preclude the introduction of evidence with regard to plaintiffs' out-of-pocket expenses. (dc) (Entered: 06/10/2002)
2002-05-31	160	0		Requested Jury charge by Park Pl. Entertainme of plaintiffs' second cause of action. (dc) (Entered: 06/10/2002)
2002-05-31	161	0		Request to charge Jury on Punitive Damages by Park Pl. Entertainme (dc) (Entered: 06/10/2002)
2002-05-31	162	0		Request to charge on adverse inference from assertion of Fifth Amendment Rights by Park Pl. Entertainme (dc) (Entered: 06/10/2002)
2002-05-31	163	0		Proposed Voir Dire Questions by Park Pl. Entertainment. (dc) (Entered: 06/10/2002)
2002-05-31	164	0		Request to charge by Park Pl. Entertainme (dc) (Entered: 06/10/2002)
2002-05-31	165	0		Request to charge of plaintiffs' First Cause of Action by Park Pl. Entertainme (dc) Modified on 06/10/2002 (Entered: 06/10/2002)
2002-05-31	166	0		Request to charge on plaintiffs' burden of proof by Park Pl. Entertainme (dc) (Entered: 06/10/2002)
2002-05-31	167	0		PRETRIAL MEMORANDUM by Park Pl. Entertainment. (dc) (Entered: 06/10/2002)
2002-05-31	168	0		NOTICE OF MOTION by Park Pl. Entertainme in limine to preclude the introduction of testimony of officials or former officials of the Mohawk Tribe . (dc) (Entered: 06/10/2002)
2002-05-31	169	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D in limine regarding inadmissibility of alleged bad acts or bad character . (dc) (Entered: 06/10/2002)
2002-05-31	170	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L, Monticello Raceway D in support of [169-1] motion in limine regarding inadmissibility of alleged bad acts or bad character. (dc) (Entered: 06/10/2002)
2002-05-31	171	0		CONSOLIDATED PRETRIAL ORDER FILED. (dc) (Entered: 06/10/2002)
2002-05-31	172	0		PRETRIAL MEMORANDUM by Catskill Development, Mohawk Management, L, Monticello Raceway D. (dc) (Entered: 06/10/2002)
2002-05-31	173	0		Proposed Voir Dire Questions by Catskill Development, Mohawk Management, L, Monticello Raceway D. (dc) (Entered: 06/10/2002)
2002-05-31	174	0		PRETRIAL AND POST TRIAL JURY INSTRUCTIONS. (dc) (Entered: 06/10/2002)
2001-12-28	175	0		Letter filed by St. Regis Mohawk Tri addressed to Judge Yanthis from Russell Barr, dated 12/19/02, re: subponea. (fk) (Entered: 06/13/2002)
2002-06-12	176	0		Letter filed by Park Pl. Entertainme addressed to Judge McMahon from George F. Carpinello, dated June 11, 2002, re: exttime to file its reply brief to July 1, 2002.. (ll) (Entered: 06/17/2002)
2002-06-18	177	0		SEALED DOCUMENT placed in vault. Log # 5466. (fk) (Entered: 06/18/2002)
2002-06-18	178	0		DECLARATION of J.D. Humphries by Mohawk Management, L, Monticello Raceway D in opposition Re: [146-1] motion for summary judgment . (pf) (Entered: 06/19/2002)
2002-06-18	179	0		SEALED DOCUMENT placed in vault.Log # 5467 re: Confidential Excerpts : Deposition transcripts in the Declaration of J.D. Humpfries in opposition to defendants motion for summary judgment. (ll) (Entered: 06/19/2002)
2002-06-20	180	0		DECLARATION of John P. gallagher by Mohawk Management, L, Monticello Raceway D in opposition Re: [146-1] motion for summary judgment . (sv) (Entered: 06/20/2002)
2002-06-14	181	0		RULE 56.1 STATEMENT filed by Catskill Development, Mohawk Management, L, Monticello Raceway D (pf) (Entered: 06/20/2002)
2002-06-14	182	0		RESPONSIVE MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L, Monticello Raceway D re: [146-1] motion for summary judgment . (pf) (Entered: 06/20/2002)
2002-07-03	183	0		MEMORANDUM OF LAW by Park Pl. Entertainme in opposition to [169-1] motion in limine regarding inadmissibility of alleged bad acts or bad character . (pf) (Entered: 07/03/2002)
2002-07-03	184	0		REPLY MEMORANDUM by Park Pl. Entertainme in support re: [146-1] motion for summary judgment . (pf) (Entered: 07/03/2002)
2002-07-03	185	0		DECLARATION of Marilyn Kunstler by Park Pl. Entertainme in opposition Re: [169-1] motion in limine regarding inadmissibility of alleged bad acts or bad character . (pf) (Entered: 07/03/2002)
2002-07-03	186	0		DECLARATION of John Gallagher by Catskill Development, Mohawk Management, L in opposition Re: [158-1] motion in limine to preclude the introduction of evidence with regard to plaintiffs' out-of-pocket expenses . (pf) (Entered: 07/03/2002)
2002-07-03	187	0		DECLARATION of Marc D. Powers by Catskill Development, Mohawk Management, L in opposition Re: [156-1] motion in limine to allow the Jury to Draw an adverse inference against plaintiffs . (pf) (Entered: 07/03/2002)
2002-07-03	188	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L in opposition to [156-1] motion in limine to allow the Jury to Draw an adverse inference against plaintiffs . (pf) (Entered: 07/03/2002)
2002-07-03	189	0		DECLARATION of John Gallagher by Catskill Development, Mohawk Management, L in opposition Re: [168-1] motion in limine to preclude the introduction of testimony of officials or former officials of the Mohawk Tribe . (pf) (Entered: 07/03/2002)
2002-07-03	190	0		RESPONSE by Catskill Development, Mohawk Management, L Re: [168-1] motion in limine to preclude the introduction of testimony of officials or former officials of the Mohawk Tribe (pf) (Entered: 07/03/2002)
2002-07-03	191	0		RESPONSE by Catskill Development, Mohawk Management, L Re: [158-1] motion in limine to preclude the introduction of evidence with regard to plaintiffs' out-of-pocket expenses (pf) (Entered: 07/03/2002)
2002-07-03	192	0		REPLY DECLARATION of George Carpinello by Park Pl. Entertainme in support Re: [146-1] motion for summary judgment . (pf) (Entered: 07/03/2002)
2002-07-08	193	0		NOTICE OF MOTION by Park Pl. Entertainme for reconsideration of [51-1] order . Return Date (ll) (Entered: 07/08/2002)
2002-07-08	194	0		MEMORANDUM OF LAW by Park Pl. Entertainme in support of [193-1] motion for reconsideration of [51-1] order . (ll) (Entered: 07/08/2002)
2002-07-08	195	0		RESPONSE by Catskill Development, Mohawk Management, L, Monticello Raceway D Re: [193-1] motion for reconsideration of [51-1] order (pf) (Entered: 07/08/2002)
2002-07-08	196	0		DECLARATION of John P. Gallagher by Catskill Development, Mohawk Management, L, Monticello Raceway D in opposition Re: [193-1] motion for reconsideration of [51-1] order . (pf) (Entered: 07/08/2002)
2002-07-12	197	0		NOTICE OF MOTION by Park Pl. Entertainme in limine to preclude the intoduction of any expert testimony by Plntffs . No Return Date (pf) (Entered: 07/12/2002)
2002-07-12	198	0		MEMORANDUM OF LAW by Park Pl. Entertainme in support of [197-1] motion in limine to preclude the intoduction of any expert testimony by Plntffs . (pf) (Entered: 07/12/2002)
2002-07-12	199	0		DECLARATION of George Carpinello by Park Pl. Entertainme in support Re: [197-1] motion in limine to preclude the intoduction of any expert testimony by Plntffs . (pf) (Entered: 07/12/2002)
2002-07-12	200	0		REPLY MEMORANDUM by Park Pl. Entertainme in support re: [168-1] motion in limine to preclude the introduction of testimony of officials or former officials of the Mohawk Tribe . (pf) (Entered: 07/12/2002)
2002-07-12	201	0		DECLARATION of George Carpinello by Park Pl. Entertainme in support Re: [158-1] motion in limine to preclude the introduction of evidence with regard to plaintiffs' out-of-pocket expenses . (pf) (Entered: 07/12/2002)
2002-07-12	202	0		REPLY DECLARATION of George Carpinello by Park Pl. Entertainme in support Re: [156-1] motion in limine to allow the Jury to Draw an adverse inference against plaintiffs . (pf) (Entered: 07/12/2002)
2002-07-12	203	0		REPLY MEMORANDUM by Park Pl. Entertainme in support re: [158-1] motion in limine to preclude the introduction of evidence with regard to plaintiffs' out-of-pocket expenses . (pf) (Entered: 07/12/2002)
2002-07-12	204	0		REPLY MEMORANDUM by Park Pl. Entertainme in support re: [156-1] motion in limine to allow the Jury to Draw an adverse inference against plaintiffs . (pf) (Entered: 07/12/2002)
2002-07-12	205	0		REPLY DECLARATION of George Carpinello by Park Pl. Entertainme in support Re: [193-1] motion for reconsideration of [51-1] order . (pf) (Entered: 07/12/2002)
2002-07-12	206	0		REPLY MEMORANDUM by Park Pl. Entertainme in support re: [193-1] motion for reconsideration of [51-1] order . (pf) (Entered: 07/12/2002)
2002-07-15	207	0		REPLY MEMORANDUM by Catskill Development, Mohawk Management, L, Monticello Raceway D re: [169-1] motion in limine regarding inadmissibility of alleged bad acts or bad character . (dh) (Entered: 07/15/2002)
2002-07-15	208	0		DECLARATION of John P. Gallagher by Catskill Development, Mohawk Management, L, Monticello Raceway D in support Re: [169-1] motion in limine regarding inadmissibility of alleged bad acts or bad character . (dh) (Entered: 07/15/2002)
2002-07-17	209	0		AMENDED PRETRIAL ORDER: The parties having conferred among themselves and with the Court pursuant to FRCP 16, the following statements, directions and agreements are adopted as the Amended Pretrial Order herein. (dc) (Entered: 07/17/2002)
2002-07-26	210	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L, Monticello Raceway D re: [197-1] motion in limine to preclude the intoduction of any expert testimony by Plntffs . (sv) (Entered: 07/26/2002)
2002-07-26	211	0		DECLARATION of John P. Gallagher by Catskill Development, Mohawk Management, L, Monticello Raceway D in opposition Re: [197-1] motion in limine to preclude the intoduction of any expert testimony by Plntffs . (sv) (Entered: 07/26/2002)
2002-07-31	212	0		REPLY MEMORANDUM by Park Pl. Entertainme re: [197-1] motion in limine to preclude the intoduction of any expert testimony by Plntffs . (ll) (Entered: 07/31/2002)
2002-07-31	213	0		REPLY DECLARATION of George F. Carpinello by Park Pl. Entertainme Re: [197-1]in support of motion in limine to preclude the intoduction of any expert testimony by Plntffs . (ll) (Entered: 07/31/2002)
2002-08-23	214	0		ORDER mooting [193-1] motion for reconsideration of [51-1] order, granting [146-1] motion for summary judgment......For the reasons discussed above, Defendant's moot for summary judgment is granted and both of Plaintiff's remaining claims are dismissed. Defendant's motion for reconsideration is denied as moot. So Ordered ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 08/23/2002)
2002-08-26	215	0		JUDGMENT for Park Pl. Entertainme against Catskill Development, Mohawk Management, L, Monticello Raceway D . Ordered, ADjudged and Decreed: That the complaint be and is hereby dismissed. Mailed copies and notice of right to appeal. Entered On Docket: 8/26/02. (bls) (Entered: 08/26/2002)
2002-09-20	216	0		NOTICE OF APPEAL by Catskill Development, Mohawk Management, L, Monticello Raceway D from [215-1] judgment order, [214-1] order, [103-1] order, [33-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Daniel Aaron Seff, David Boies, Bethany A. Breetz, J.D. Humphries III, John P. Gallagher, Herbert F. Kozlov, William W- Hopson, Thomas P. Puccio . Appeal record due on 10/21/02 . $105.00 fee paid, receipt # 450971 C & D Forms Issued (pf) (Entered: 09/26/2002)
2002-10-01	217	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D for discovery materials pursuant to Local Rule 5.1 (c) (dh) (Entered: 10/01/2002)
2002-10-01	218	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D for discovery materials (dh) (Entered: 10/01/2002)
2002-10-01	219	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L, Monticello Raceway D in support of [218-1] motion for discovery materials, [217-1] motion for discovery materials pursuant to Local Rule 5.1 (c) . (dh) (Entered: 10/01/2002)
2002-10-08	220	0		DECLARATION of George Carpinello by Park Pl. Entertainme in opposition Re: [218-1] motion for discovery materials, [217-1] motion for discovery materials pursuant to Local Rule 5.1 (c) . (pf) (Entered: 10/09/2002)
2002-10-09	221	0		ORDER denying [218-1] motion for discovery materials, denying [217-1] motion for discovery materials pursuant to Local Rule 5.1 (c) On 8-22-02 this Court granted defendants' motion for summary judgment dismissing what was left on the complaint..... The motion is denied. . ( signed by Judge Colleen McMahon ); chambers faxed copy of the order to the parties. (dh) (Entered: 10/10/2002)
2002-10-15	222	0		NOTICE of CHANGE OF ADDRESS, TELEPHONE AND FACSIMILE NUMBERS by Park Pl. Entertainment. See document for details. (dc) (Entered: 10/24/2002)
2003-01-16	223	0		Notice that the index to the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [0-0] transmitted appeal, [216-1] appeal by Monticello Raceway D, Mohawk Management, L, Catskill Development. THE RECORD WILL BE RETAINED UNTIL REQUESTED BY THE U.S.C.A. (cg) (Entered: 01/16/2003)
2003-03-14	224	0		NOTICE OF MOTION by Catskill Development, Mohawk Management, L, Monticello Raceway D to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . No Return Date. (sv) (Entered: 03/20/2003)
2003-03-14	225	0		MEMORANDUM OF LAW by Catskill Development, Mohawk Management, L, Monticello Raceway D in support of [224-1] motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . (sv) (Entered: 03/20/2003)
2003-03-14	226	0		DECLARATION of Thomas P. Puccio by Catskill Development, Mohawk Management, L, Monticello Raceway D in support Re: [224-1] motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . (sv) (Entered: 03/20/2003)
2003-03-24	227	0		Memo-Endorsement on letter addressed to Judge McMahon from George F. Carpinello, dated March 21, 2003. Re: request a short adjournment. ENDORSED: Graned. So Ordered. ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 03/26/2003)
2003-03-25	228	0		Memo-Endorsement on letter addressed to Dear Judge McMahon from Thomas P. Puccio, dated 03/24/03. Re: request that your honor place the resolution of our motion on a "rocket docket reserved for such matters.....ENDORSED, The adjournment is granted. ( signed by Judge Colleen McMahon ); copies mailed by clerks office. (jma) (Entered: 03/26/2003)
2003-04-17	229	0		DECLARATION of George F. Carpinello by Park Pl. Entertainme in opposition toRe: [224-1] motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . (ll) (Entered: 04/18/2003)
2003-04-18	230	0		SEALED DOCUMENT placed in vault. Log # 5425 Exhibit to Carpinello declaration. (ll) (Entered: 04/18/2003)
2003-04-17	231	0		MEMORANDUM OF LAW by Park Pl. Entertainme in opposition to [224-1] motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint. (dcr) (Entered: 04/18/2003)
2003-04-18	232	0		REPLY BRIEF by Catskill Development, Mohawk Management, L, Monticello Raceway D Re: [224-1] motion to vacate its Final Judgement in this case dismissing the Plaintiffs Complaint (ll) (Entered: 04/21/2003)
2003-04-21	233	0		Memo-Endorsement on letter addressed to Judge McMahon from George F. Carpinello, dated April 18, 2003. Re:..request permission to file the enclosed Sur-Reply Declaration. ENDORSED: application granted. So Ordered. ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 04/22/2003)
2003-04-21	234	0		SUR-REPLY DECLARATION of George F. Carpinello by Park Pl. Entertainme in opposition Re: [224-1] motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . (sv) (Entered: 04/22/2003)
2003-04-22	235	0		DECLARATION of Thomas P. Puccio by Catskill Development, Mohawk Management, L, Monticello Raceway D in support Re: [224-1] motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . (sv) (Entered: 04/23/2003)
2003-05-23	236	0		CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for Pre-Trial Conference before the Honorable Colleen McMahon, USDJ, on Tuesday, June 10, 2003 at 10:00 am in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, NY 10601. SO ORDERED: ( signed by Judge Colleen McMahon ); Clerk's Office Mailed Copies. (dcr) (Entered: 05/28/2003)
2003-06-02	237	0		NOTICE of attorney appearance for Catskill Development, Mohawk Management, L, Monticello Raceway D by Andrew L. Frey. (sv) (Entered: 06/09/2003)
2003-07-07	238	0		Letter filed by Catskill Development addressed to Judge McMahon from Thomas P. Puccio, dated July 3, 2003, re:write to follow up on last month's hearing.... (sv) (Entered: 07/08/2003)
2003-07-09	239	0		Letter filed by Park Pl. Entertainme addressed to Judge McMahon from G.Carpinello, dated 7/7/03, re: ojection to submission of responce letter of 7/3/03. (bls) (Entered: 07/09/2003)
2003-07-09	240	0		Supplemental DECLARATION of George F. Carpinello by Park Pl. Entertainme Re: [224-1]in opposition to motion to vacate its Final Judgement in this case dismissing the Plaitniffs Complaint . (ll) (Entered: 07/09/2003)
2003-07-21	241	0		ORDER: To all Counsel in Catskill Development v. Park Place, 00cv8660. re: Plaintiffs' Motion for Vacatur pursuant to Rule 60(b). See document for details. Signed by: Colleen McMahon, USDJ. Chambers Mailed Copies. (dcr) (Entered: 07/23/2003)
2003-07-23	242	0		Letter filed addressed to USDJ McMahon from George Carpinello, dated 7/22/03, re: ...in response to your communication of July 17, 2003 asking the aprties to comment on whether or not President RC-St. Regis Mgmnt Co. owed a "fiduciary duty" to the Tribe as argued by Plntffs.. . (pf) (Entered: 07/28/2003)
2003-07-30	243	0		Transcript of record of proceedings before Judge Colleen McMahon for the date(s) of 06/04/03. (jma) (Entered: 07/30/2003)
2003-08-14	244	0		Notice of Change of Address by Catskill Development, Mohawk Management, L, Monticello Raceway D . Stites & Harbison PLLC, 303 Peachtree Street, NE 2800 SunTrust Tower Plaza Atlanta, GA 30308. (404) 739-8800. (sv) (Entered: 08/18/2003)
2003-08-20	245	0		Memo-Endorsement on letter addressed to Ms. MacKechnie from Colleen McMahon, USDJ, dated 08/20/03. Re: Motion to vacate made by Plaintiffs. ( signed by Judge Colleen McMahon ); Clerk's Office Mailed Copies. (dcr) (Entered: 08/22/2003)
2003-10-07	246	0		Memorandum Decision & ORDER granting [224-1] motion to vacate its Final Judgement in this case dismissing the Plaintiffs Complaint subject to the strict conditions set forth at the end of this opinion (see document for details) Copies mailed by the Clerk's office.. ( signed by Judge Colleen McMahon ); (ll) (Entered: 10/14/2003)
2003-10-07	247	0		Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes in accordance with the opinion #246 of the court). Referred to Magistrate Judge Mark D. Fox . ( signed by Judge Colleen McMahon ) (ll) (Entered: 10/14/2003)
2003-10-16	248	0		Memo-Endorsement on letter addressed to Dear Judge McMahon from George F. Carpinello, dated 10/14/03. Re: request that the Court consider an amendment to the recitation of facts set forth in its decision of 10/07/03 granting Plaintiff's motion......ENDORSED, I see no basis ....to after my decision. ( signed by Judge Colleen McMahon ); copies mailed by clerks office... (jma) (Entered: 10/17/2003)
2003-10-16	249	0		Memo-Endorsement on letter addressed to Dear Judge McMahon from John P. Gallagher, Esq., dated 10/16/03. Re: contrary to this representation, the motion papers and declarations filed are more than clear that these very facts are disputed......ENDORSED, You are, of course free to spend your 30 days making sanctions motions instead of moving thsi case toward resolution. I will not expand the scope of discovery in aid of....a motion, however. Keep your eye on the ball. You got your sanctions. ( signed by Judge Colleen McMahon ); copies mail by clerks office. (jma) (Entered: 10/20/2003)
2003-10-21	250	0		True Copy of Order from the USCA RE: ...that this appeal shall be remanded to the district court for consideration of appellant's motion persuant to Rule 60 (b) of the F.R.C>p, the district court having indicated in a letter dated 8/20/03, a willingness to grant such a motion (signed by (Rosseann B. Mackechnie, Clerk) copies mailed by clerks office. (mov) (Entered: 10/22/2003)
2003-11-04	251	0		MANDATE OF USCA (certified copy) Re: [216-1] appeal by Monticello Raceway D, Mohawk Management, L, Catskill Development ... It is hereby Ordered that this appeal shall be remanded to the district court for consideration of appellant's motion pursuant to Rule 60(b) of the Fed. Rules of Civil Proc., the district court having indicated in a letter dated 8/20/03, a willingness to grant such a motion... (CERTIFIED: 10/29/03) Copies sent by Clerk's Office (pf) (Entered: 11/06/2003)
2003-11-14	252	0		Memorandum to Docket Clerk: On 11/14/03, the above matter is closed for Magistrate purposes. Referred to District Judge McMahon. (pf) (Entered: 11/14/2003)
2003-11-20	253	0		Memo-Endorsement on letter addressed to USDJ McMahon from John Gallagher, dated 11/20/03. Re:... We note that a contrary interpretation would make dft's brief due on Thanksgiving Day...ENDORSEMENT: Oh no! Please do not submit on Thanksgiving. Take the day off. So Ordered: ( signed by Judge Colleen McMahon ); Copies sent by Clerk's Office (pf) (Entered: 11/21/2003)
2003-12-01	254	0		SUPPLEMENTAL BRIEF on the Issue of Wrongful Means. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,.(pf, ) (Entered: 12/03/2003)
2003-11-24	255	0		DECLARATION of Andrew Frey in Support of Plntffs' Supplemental Brief on the Issue of Wrongful Means. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (pf, ) (Entered: 12/03/2003)
2003-12-04	256	0		ANSWERING MEMORANDUM OF LAW in Opposition to Plntffs' Motion pursuant to Rule 60(b). Document filed by Park Place Entertainment Corporation,. (pf, ) (Entered: 12/04/2003)
2003-12-04	257	0		DECLARATION of George F. Carpinello in Supportof Dft's response to the Supplemental Brief filed by Plntffs pursuant to this Court's Order of 10/7/03, on plntffs' moyion pursuant to Rule 60(b) to set aside the judgment herein. Document filed by Park Place Entertainment Corporation,. (pf, ) (Entered: 12/04/2003)
2003-12-19	258	0		Letter addressed to Judge McMahon from Andrew L. Frey dated 12/10/2003 re: in response to George F. Carpinello's letter of 12/09/03 which seeks permission to file a surreply memorandum of law on the issue of wrongful means, as well as sureply declration with exhibits, based upon a supposedly "new factual assertion made for the first time in Plaintiff's reply papers". Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. EOD: 12/31/2003(mov, ) (Entered: 12/31/2003)
2003-12-19	259	0		Letter addressed to Judge McMahon from George F. Carpinello dated 12/09/2003 re: permission to file the enclosed Sur-Reply Memorandum of Law addressing a new factual assertion made for the first time in Plaintiff's reply papers. EOD:12/31/2003(mov, ) (Entered: 12/31/2003)
2003-12-01	262	0		DECLARATION of Andrew Frey. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (fk, ) (Entered: 12/31/2003)
2003-12-08	263	0		REPLY BRIEF. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (fk, ) (Entered: 12/31/2003)
2003-12-19	264	0		MOTION for Sanctionson Dft Park Place Entertainment Corp. and its counsel, pursuant to Rules 26 and 37 of the FRCP and this Court's inherent power to manage its own affairs. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (pf, ) (Entered: 01/06/2004)
2003-12-19	265	0		MEMORANDUM OF LAW in Support re: 264 MOTION for Sanctions.. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (pf, ) (Entered: 01/06/2004)
2003-12-29	266	0		ENDORSED LETTER addressed to Judge Colleen McMahon from George Carpinello dated 12/23/03 re:...request that Park Place have until 1/30/04to respond to motion for sanctions...ENDORSEMENT: I ask that you both 1)Not respond to that motion; 2)Not send me any further correspondence. So Ordered:. (Signed by Judge Colleen McMahon on 12/23/03) Copies sent by Clerk's Office.(pf, ) (Entered: 01/12/2004)
2004-01-05	267	0		ENDORSED LETTER addressed to To Counsel from Colleen McMahon, USDJ dated 01/05/04 re: Pending Decision. See document for details. (Signed by Judge Colleen McMahon on 01/05/04) Clerk's Office Mailed Copies..(dcr, ) (Entered: 01/15/2004)
2004-02-13	268	0		MOTION for an order adding Catskill Litigation Trust as plntff, pursuant to Rule 25(c) of the FRCP. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (pf, ) (Entered: 02/23/2004)
2004-02-13	269	0		MEMORANDUM OF LAW in Support re: 268 MOTION for an order adding Catskill Litigation Trust as plntff, pursuant to Rule 25(c) of the FRCP.. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. (dcr, ) (Entered: 02/24/2004)
2004-02-23	270	0		Letter addressed to Judge McMahon from George F. Carpinello dated 02/23/2004 re: We have received Plaintiff's motion to add the Catskill Litigation. Trust as an additional plaintiff to thsi action. we have no opposition to that motion... (mov, ) (Entered: 02/25/2004)
2004-02-24	271	0		Letter addressed to Judge McMahon from George F. Carpinello dated 02/11/04 re: Opposition to Plaintiffs' request for permission to substitute "The Catskill Litigation Trust.". Document filed by Park Place Entertainment Corporation,.(dcr, ) (Entered: 03/01/2004)
2004-02-24	272	0		Letter addressed to Judge McMahon from Andrew L. Frey dated 02/13/04 re: Reply to Mr. Carpinello's letter of 02/11/04.. Document filed by Catskill Development, L.L.C.,.(dcr, ) (Entered: 03/01/2004)
2004-02-24	273	0		MEMORANDUM OF LAW in Support re: 268 MOTION for an order adding Catskill Litigation Trust as plntff, pursuant to Rule 25(c) of the FRCP.. Document filed by Catskill Development, L.L.C.,. ENDORSED: Motion to add Catskill Litigation Trust as party plaintiff is GRANTED. (Signed by Colleen McMahon, USDJ) (dcr, ) (Entered: 03/01/2004)
2004-05-03	274	0		Letter addressed to Judge Colleen McMahon from Andrew Frey dated 4/26/04 re:...to raise three items for the Court's consideration.... (pf, ) (Entered: 05/12/2004)
2004-05-03	275	0		ENDORSED LETTER addressed to Judge Colleen McMahon from George Carpinello dated 4/27/04 re: We have received Mr. Frey's letter to the Court of 4/26/04....ENDORSEMENT: I will expect to hear from you after Carvel is decided in the New York Court of Apeals. So Ordered:. (Signed by Judge Colleen McMahon on 4/27/04) Copies sent by Chambers..(pf, ) (Entered: 05/12/2004)
2004-10-18	276	0		ENDORSED LETTER addressed to Counsel from Judge McMahon dated 10/18/04 re: Briefs discussing Carvel and its impact on the interference claim in this case to be submitted by counsel and filed with this Court by October 25, 2004 at 5pm.(Signed by Judge Colleen McMahon on 10/18/04) Chambers Mailed Copies..(dcr, ) (Entered: 10/22/2004)
2004-10-25	277	0		BRIEF Letter Brief. Document filed by Park Place Entertainment Corporation,.(Carpinello, George) (Entered: 10/25/2004)
2004-10-25	278	0		PLAINTIFFS' SUPPLEMENTAL BRIEF ON THE IMPACT OF CARVEL. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,.(dcr, ) (Entered: 10/26/2004)
2004-11-15	279	0		MEMORANDUM DECISION & ORDER REVISITING THE COURT'S PREVIOUS FINDING CONCERNING EVIDENCE OF "WRONGFUL MEANS," REINSTATING THE JUDGMENT AND DIRECTING THE CLERK OF THE COURT TO ENTER JUDGMENT FOR DFT:...I direct the Clerk of the COurt to enter an appropriate order and the parties to restore this acse to the calendar in the United States Court of Appeals for the Second Circuit immediately. SO Ordered: (Signed by Judge Colleen McMahon on 11/15/04) `Copies sent by Chambers.(pf, ) (Entered: 11/17/2004)
2004-11-18	280	0		*VACATED* SEE SECOND AMENDED JUDGMENT, DOCUEMENT #308, FILED ON 11/28/2006*** AMENDED CLERK'S JUDGMENT (VACATED as per USCA Mandate issued on 4/4/2006) ...ORDERED, ADJUDGED AND DECREED: that the Court's previous decision dated August 22, 2002, is reinstated, and Judgment is entered in favor of Defendant Park Place Entertainment Corp., and against Plaintiffs Catskill Development, L.L.C., Mohawk Management, L.L.C., and Monticello Raceway Development Company, L.L.C.,and the parties are hereby directed to restore this case to the calender in the United States Court of Appeals for the Second Circuit immediately.. (Signed by J. Michael McMahon on 11/18/2004) The Clerk's Office Has Mailed Copies.(mov, ) . Modified on 11/30/2006 (gco, ). (Entered: 11/18/2004)
2004-12-17	281	0		NOTICE OF APPEAL from 280 Clerk's Judgment,,. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,. Filing fee $ 255.00, receipt number 529345. Copies of Notice of Appeal mailed to Attorney(s) of Record: Attorneys of Record. (pf, ) (Entered: 12/22/2004)
2005-01-19	282	0		USCA SCHEDULING ORDER as to 281 Notice of Appeal, filed by Catskill Development, L.L.C., Mohawk Management, L.L.C., Monticello Raceway Development Company, L.L.C., USCA Case Number 04-6685-cv. Lisa Greenberg, Clerk USCA. Certified: 1/13/05. Appellant Brief due by 2/18/2005. Appellee Brief due by 3/21/2005. Oral argument of the appeal shall be heard no later than the week of 5/2/05.(ae, ) (Entered: 01/19/2005)
2005-01-20	283	0		USCA SCHEDULING ORDER as to 281 Notice of Appeal, filed by Catskill Development, L.L.C., Mohawk Management, L.L.C., Monticello Raceway Development Company, L.L.C., USCA Case Number 04-6685-cv. Lisa Greenberg, Clerk USCA. Certified: 1/13/05. Appellant Brief due by 2/18/2005. Appellee Brief due by 3/21/2005. Argument of the appeal shall be heard no ealier than the week of 5/2/05.(ae, ) (Entered: 01/20/2005)
2005-02-14	284	0		Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 281 Notice of Appeal, filed by Catskill Development, L.L.C.,,, Mohawk Management, L.L.C.,,, Monticello Raceway Development Company, L.L.C.,, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (mde, ) (Entered: 02/25/2005)
2006-04-05	285	0		MANDATE of USCA (Certified Copy) as to 281 Notice of Appeal, filed by Catskill Development, L.L.C.,,, Mohawk Management, L.L.C.,,, Monticello Raceway Development Company, L.L.C.,, USCA Case Number 04-6685. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case REMANDED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 4/4/2006. (mde, ) (Entered: 04/05/2006)
2006-04-07	286	0		CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a Conference before the Honorable Colleen McMahon, USDJ, on Thursday, 4/20/2006 @ 2:00 p.m...SO ORDERED: (Signed by Judge Colleen McMahon on 4/7/2006) "Copies Sent By Chambers".(mde, ) (Entered: 04/07/2006)
2006-04-12	287	0		NOTICE OF APPEARANCE by Sanford Ian Weisburst on behalf of Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C., (dcr, ) (Entered: 04/13/2006)
2006-05-03	288	0		AMENDED COMPLAINT amending 1 Complaint against Park Place Entertainment Corporation,.Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,, Catskill Litigation Trust. (mde, ) (Entered: 05/04/2006)
2006-05-10	289	0		NOTICE OF CHANGE OF ADDRESS by Sanford Ian Weisburst on behalf of Catskill Litigation Trust. New Address: Quinn Emanuel Urquhart Oliver & Hedges, LLP, 51 Madison Avenue, New York, NY, USA 10010-1601, (212) 849-7000. (jma, ) (Entered: 05/15/2006)
2006-05-22	290	0		FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - ANSWER to Amended Complaint with JURY DEMAND. Document filed by Park Place Entertainment Corporation,. Related document: 288 Amended Complaint filed by Catskill Development, L.L.C.,,, Mohawk Management, L.L.C.,,, Monticello Raceway Development Company, L.L.C.,,, Catskill Litigation Trust,.(Carpinello, George) Modified on 5/23/2006 (gf, ). (Entered: 05/22/2006)
2006-05-22	291	0		FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - CERTIFICATE OF SERVICE of Answer to the Amended Complaint. Document filed by Park Place Entertainment Corporation,. (Carpinello, George) Modified on 5/23/2006 (gf, ). (Entered: 05/22/2006)
2006-05-24	292	0		ANSWER to Amended Complaint. Document filed by Park Place Entertainment Corporation,. Related document: 288 Amended Complaint filed by Catskill Development, L.L.C., Mohawk Management, L.L.C., Monticello Raceway Development Company, L.L.C., Catskill Litigation Trust,.(fk, ) (Entered: 05/25/2006)
2006-06-01	293	0		MEMORANDUM OF LAW ON ISSUES RAISED BY THE SECOND CIRCUIT'S REMAND ORDER. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,, Catskill Litigation Trust. (pf, ) (Entered: 06/02/2006)
2006-06-01	294	0		DECLARATION of Sanford I. Weisburst in Support re: 293 Memorandum of Law. Document filed by Catskill Development, L.L.C.,, Mohawk Management, L.L.C.,, Monticello Raceway Development Company, L.L.C.,, Catskill Litigation Trust. (pf, ) (Entered: 06/02/2006)
2006-06-16	295	0		ORDER...It is hereby Ordered that Catskill Litigation Trust, Catskill Development, LLC and Mohawk Management, LLC are dismissed without prejudice. So Ordered. (Signed by Judge Colleen McMahon on 6/12/06) The Clerk's Office Has Mailed Copies.(fk, ) (Entered: 06/19/2006)
2006-06-29	296	0		MEMORANDUM OF LAW re: 285 USCA Mandate,. Document filed by Park Place Entertainment Corporation,. (jma, ) (Entered: 06/30/2006)
2006-06-29	297	0		MEMORANDUM OF LAW re: 285 USCA Mandate,. Document filed by Park Place Entertainment Corporation,. (jma, ) (Entered: 06/30/2006)
2006-06-29	298	0		DECLARATION of George F. Carpinello re: 285 USCA Mandate,. Document filed by Park Place Entertainment Corporation,. (jma, ) (Entered: 06/30/2006)
2006-06-29	299	0		DECLARATION of George F. Carpinello re: 285 USCA Mandate,. Document filed by Park Place Entertainment Corporation,. (jma, ) (Entered: 06/30/2006)
2006-07-12	300	0		DECLARATION of Sanford I. Weisburst in support of plaintiff's reply memorandum of law on issues raised by the Second Circuit Remand Order. Document filed by Monticello Raceway Development Company, L.L.C.,. (dcr, ) (Entered: 07/12/2006)
2006-07-12	301	0		REPLY MEMORANDUM OF LAW on issues raised by the Second Circuit Remand Order. Document filed by Monticello Raceway Development Company, L.L.C.,. (dcr, ) (Entered: 07/12/2006)
2006-07-21	302	0		REPLY MEMORANDUM OF LAW re: 285 USCA Mandate,. Document filed by Park Place Entertainment Corporation,. (jma, ) (Entered: 07/21/2006)
2006-10-16	303	0		ENDORSED LETTER addressed to Dear Judge McMahon from Sanford I. Weisburst dated 10/12/06 re: We write respectfully to provide Your Honor with courtesy copies of the recent Materials regarding progress on a casino at the Monticello Raceway.......ENDORSED, These materials have NOTHING TO DO with our CASE. Deft. decline to accept them.. (Signed by Judge Colleen McMahon on 10/13/06) The Clerk's Office Has Mailed Copies".(jma, ) (Entered: 10/16/2006)
2006-10-17	304	0		ENDORSED LETTER addressed to Judge Colleen McMahon from George F. Carpinello dated 10/16/2006 re: Strongly object to the filing of these papers...Endorsement: This letter is not necessary-I have already indicated that I will NOT permit any additions to the record from 00-8660 in 06-6365. If plaintiff insist on adding to the record I will vacate the stipulation, dismiss 00-8660 for lack of jurisdiction and send you to state court!.. (Signed by Judge Colleen McMahon on 10/17/2006) Filed In Associated Cases: 7:00-cv-08660-CM,7:06-cv-06365-CM The Clerk's Office Has Mailed Copies.(cg, ) (Entered: 10/17/2006)
2006-11-07	305	0		MEMORANDUM From: Judge McMahon, To: All Litigants, Re: Transfer to Foley Square Effective January 2, 2007, Judge McMahon's duty station will change from White Plains to Foley Square. Her new contact information will be: Daniel P. Moynihan Courthouse, Chambers 640, 500 Pearl Street, New York, New York 10007, (212) 805-6325 (telephone for emergencies only) (212) 805-6326 (fax). Judge McMahon will remain in the White Plains wheel through December 29, 2006. Pending the confirmation of a new judge to fill the vacancy created by the retirement of Judge Mukasey, Judge McMahon will continue to administer all White Plains cases previously assigned to her. Judge McMahon will keep her White Plains chambers and her emergency telephone and fax numbers in White Plains (914-390-4145 and 4152, respectively) as long as she is handling White Plains cases. She will be in White Plains every Friday to conduct case conferences (criminal and civil) and sentencings. She will try her White Plains cases in Courtroom 533 in the White Plains courthouse. She will not try White Plains cases in Foley Square. She will, however, conference White Plains civil cases in Foley Square for the convenience of counsel if all parties agree. Out-of-district counsel in civil cases may request telephone conferences. The White Plains magistrate judges will supervise discovery in Judge McMahon's White Plains cases. Effective January 2, communications to chambers should be faxed to BOTH chambers (White Plains and Foley Square). Courtesy copies of motion papers and briefs in White Plains cases should be delivered to White Plains unless otherwise instructed by chambers. (mj, ) (Entered: 11/07/2006)
2006-11-03	306	0		ANSWER to Amended Complaint. Document filed by Harrah's Operating Company, Inc.. Related document: 288 Amended Complaint filed by Catskill Development, L.L.C.,,, Mohawk Management, L.L.C.,,, Monticello Raceway Development Company, L.L.C.,,, Catskill Litigation Trust,.(jma, ) (Entered: 11/08/2006)
2006-11-20	307	0		ORDER re: 280 Clerk's Judgment..(DECISION AND ORDER ON REMAND FROM THE SECOND CIRCUIT, REINSTATING THIS COURT'S PRIOR JUDGMENT GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT....In response to the questions posed by the Second Circuit's remand order, this court finds that federal jurisdiction is proper over the instant consolidated action, Monticello is not a third party beneficiary to the LPA, and New York law permits third-party beneficiaries to recover damages for tortious interference with a contract. In light of the foregoing, this court reinstates its previous judgment granting defendant's motion for summary judgment of claims for tortious interference with contract and tortious interference with business advantage. (Signed by Judge Colleen McMahon on 11/20/2006) Filed In Associated Cases: 7:00-cv-08660-CM,7:06-cv-06365-CM Chambers Faxed Copies To Counsel.(jma, ) (Entered: 11/21/2006)
2006-11-28	308	0		SECOND AMENDED JUDGMENT:... ORDERED, ADJUDGED AND DECREED: That in response to the questions posed by the Second Circuit's remand order, this court finds that federal jurisdiction is proper over the instant consolidated action, Monticello is not a third party beneficiary to the LPA, and New York law permits third-party beneficiaries to recover damages for tortious interference with a contract. In light of the foregoing, this court reinstates its previous judgment granting defendant's motion for summary judgment of claims for tortious interference with contract and tortious interference with business advantage, and the case is hereby closed. (Signed by J. Michael McMahon on 11/28/2006) Filed In Associated Cases: 7:00-cv-08660-CM,7:06-cv-06365-CM "The Clerk's Office Has Mailed Copies".(gco, ) (Entered: 11/30/2006)	2016-10-03 16:18:52	d1a182fa5b3ed97b78ff15278dfaa241f2c1bfda
2006-12-20	309	0		NOTICE OF APPEAL from 308 Judgment... Document filed by Monticello Raceway Development Company, L.L.C.,, Paul Debary, Joseph Bernstein. Filing fee $ 455.00, receipt number 600787. Copies of Notice of Appeal mailed to Attorney(s) of Record: Andrew L. Frey, John P. Gallagher,David Boies, II, George F. Carpinello. (mde, ) (Entered: 12/21/2006)
2002-01-17	310	0		ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Marc Powers dated 1/15/07 Re: seeking immediate relief from the Court. Endorsed: Before the Court are several discovery disputes and a request for an extension of the discovery deadline set forth in a letter from plaintiff dated January 15, 2002, and two letters from defendant dated January 16, 2002. The Court has reviewed the issues set forth therein and rules as follows: 1. Defendant is to provide to plaintiffs those parts of the calendar, telephone logs and/or diaries of Mr. Cummis and Mr. Goldberg which ar subject to discovery. Defendant shall advise plaintiffs if no further materials exist. 2. Defendant has agreed to download the hard drives of computers used by Mr. Cummis, Mr. Goldberg, and all individuals having any substantial involvement with regard to the subject matter of this action. All materials subject to discovery from said hard drives shall be provided to the plaintiffs. Accordingly, the requested depositions of Mr. Conover, the secretary of Mr. Cummis of the former secretary of Mr. Goldberg are denied at this time with leave to renew during the time of discovery. 3. The Court directs that the discovery ordered herein and that directed pursuant to the Order dated January 15, 2002 be provided as soon as possible, but no later than January 31, 2002. The Court extends the time for completion of depositions under February 22, 2002. This extension of deposition discovery does not extend the dates for the filing of final pretrial papers pursuant to the Case Scheduling Order of Judge McMahon. SO ORDERED. (Signed by Judge George A. Yanthis on 1/17/02) (fk) (Entered: 03/09/2007)
2007-03-14	311	0		Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 309 Notice of Appeal, filed by Paul Debary, Joseph Bernstein, Monticello Raceway Development Company, L.L.C., USCA Case Number 06-5860-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (fc) (Entered: 03/14/2007)
2008-11-18	312	0		MANDATE of USCA (Certified Copy) as to 309 Notice of Appeal, filed by Paul Debary, Joseph Bernstein, Monticello Raceway Development Company, L.L.C., USCA Case Number 06-5860. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Joy Pallek, Clerk USCA. Issued As Mandate: 11/13/08. Certified: 10/21/08. (fk) (Entered: 11/26/2008)
2010-01-21	313	0		Mailed SEALED RECORDS RETRIEVAL LETTER re: that pursuant to the Standing Order dated 10/05/01 and the Amendment dated 04/30/02 signed by Chief Judge Michael B. Mukasey... This Court is holding materials Document(s) 92, 93, 260 filed under seal in this action. Please retrieve these materials within thirty (30) days of the date of this letter or the Court will dispose of them. Letter mailed on January 21, 2010, to Mayer Brown, LLP 1675 Broadway, 25th Floor, NY, NY 10019. (ll) (Entered: 01/21/2010)
2010-01-21	314	0		Mailed SEALED RECORDS RETRIEVAL LETTER re: that pursuant to the Standing Order dated 10/05/01 and the Amendment dated 04/30/02 signed by Chief Judge Michael B. Mukasey... This Court is holding materials Document(s) 179 filed under seal in this action. Please retrieve these materials within thirty (30) days of the date of this letter or the Court will dispose of them. Letter mailed on January 21, 2010, to reed Smith 529 Fifth Avenue, 8th Floor, NY, NY 10017. (ll) (Entered: 01/21/2010)
2010-01-21	315	0		Mailed SEALED RECORDS RETRIEVAL LETTER re: that pursuant to the Standing Order dated 10/05/01 and the Amendment dated 04/30/02 signed by Chief Judge Michael B. Mukasey... This Court is holding materials Document(s) 150, 230 filed under seal in this action. Please retrieve these materials within thirty (30) days of the date of this letter or the Court will dispose of them. Letter mailed on January 21, 2010, to Boies, Schiller & Flexner, LLP at 80 Business Park Dr., Suite 110, Armonk, NY 10504. (ll) (Entered: 01/21/2010)
2010-12-02	316	0		Mailed SEALED RECORDS RETRIEVAL LETTER re: that pursuant to the Standing Order dated 10/05/01 and the Amendment dated 04/30/02 signed by Chief Judge Michael B. Mukasey... This Court is holding materials Document(s) Log# 5466 filed under seal in this action. Please retrieve these materials within thirty (30) days of the date of this letter or the Court will dispose of them. Letter mailed on 12/02/2010, at Thomas Philip Puccio, 230 Park Avenue, Suite 301, New York, NY 10169. (dcr) (Entered: 12/02/2010)
2010-12-22	317	0		Mailed SEALED RECORDS RETRIEVAL LETTER re: that pursuant to the Standing Order dated 10/05/01 and the Amendment dated 04/30/02 signed by Chief Judge Michael B. Mukasey... This Court is holding materials Document(s) 261 filed under seal in this action. Please retrieve these materials within thirty (30) days of the date of this letter or the Court will dispose of them. Letter mailed on 12/21/2010, to Managing Attorney/Mayer Brown LLP at 1675 Broadway, New York, NY 10019. (cda) (Entered: 12/22/2010)