| Court: | nysd |
| Docket #: | 1:09-cv-03771 |
| Case Name: | Berkeley Acquisition, LLC v. Mallow, Konstam & Hager, P.C. et al |
| PACER case #: | 344131 |
| Date filed: | 2009-04-14 |
| Date terminated: | 2012-05-15 |
| Assigned to: | Judge Colleen McMahon |
| Case Cause: | 28:1335 Interpleader Action |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Berkeley Acquisition, LLC Interpleader Defendant |
Martin Stein |
| Mallow, Konstam & Hager, P.C. Interpleader Plaintiff |
Benjamin Hager |
| Mallow, Konstam & Hager, P.C. Interpleader Plaintiff |
Benjamin Hager |
| Baltimore Properties Corp. Interpleader Defendant |
Jeffrey Dwight Ullman |
| Grove Street Homes, LLC Interpleader Defendant |
Jeffrey Dwight Ullman |
| Berkeley Acquisition, LLC Interpleader Defendant |
Martin Stein |
| Moshe Meisels Interpleader Defendant |
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| Chanie Meisels Interpleader Defendant |
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| Right Match, Ltd Interpleader Defendant |
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| Monroes Estates, Ltd Interpleader Defendant |
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| City Point Properties, Ltd Interpleader Defendant |
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| Gilda Estates, Ltd Interpleader Defendant |
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| Simon TOV Properties, Ltd Interpleader Defendant |
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| Premier Estates NY, Inc Interpleader Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-04-14 | 1 | 0 | INTERPLEADER COMPLAINT against Berkeley Acquisition, LLC, Moshe Meisels, Chanie Meisels, Right Match, Ltd, Monroes Estates, Ltd, City Point Properties, Ltd, Gilda Estates, Ltd, Simon TOV Properties, Ltd, Premier Estates NY, Inc, Baltimore Properties Corp., Grove Street Homes, LLC.Document filed by Mallow, Konstam & Hager, P.C..(rdz) (Entered: 04/17/2009) | |||
| 2009-04-21 | 2 | 0 | NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 04/22/2009) | |||
| 2009-04-22 | 3 | 0 | ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 5/1/2009 at 11:45 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/22/09) (js) (Entered: 04/22/2009) | |||
| 2009-04-28 | 4 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Jeffrey D. Ullman dated 4/27/09 re: Counsel requests that the conference be adjourned. ENDORSEMENT: Adjourn conference to 7/17/09 at 10:30 a.m. (Signed by Judge Colleen McMahon on 4/28/09) (mme) (Entered: 04/28/2009) | |||
| 2009-05-06 | 5 | 0 | MOTION to Dismiss for Lack of Jurisdiction. Document filed by Baltimore Properties Corp., Grove Street Homes, LLC. Responses due by 5/20/2009(Ullman, Jeffrey) (Entered: 05/06/2009) | 2011-07-01 15:49:21 | 507faf43b434dec759d3256a3aa430214dcac77e | |
| 2009-05-06 | 6 | 0 | MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Baltimore Properties Corp., Grove Street Homes, LLC. (Ullman, Jeffrey) (Entered: 05/06/2009) | 2011-07-01 15:50:08 | 4183464a385beb9344477b67b4a0eb47ce77487e | |
| 2009-05-20 | 7 | 0 | RELATED CASE AFFIDAVIT of BENJAMIN HAGER, ESQ. 0288 re: that this action be filed as related to 09-cv-2319 and 09-cv-3771. Document filed by Mallow, Konstam & Hager, P.C..(Mallow, Gerold) (Entered: 05/20/2009) | |||
| 2009-05-21 | 8 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Martin Stein dated 5/18/09 re: Request that the time for plaintiff to submit its papers in opposition to the motions to dismiss these two actions be extended until 6/3/09. ENDORSEMENT: Extension granted. ( Responses due by 6/3/2009) (Signed by Judge Colleen McMahon on 5/21/09) (cd) (Entered: 05/21/2009) | |||
| 2009-07-20 | 9 | 0 | DECISION AND ORDER DISMISSING CASE NO. 09 Civ 2319 FOR FAILURE TO JOIN NECESSARY PARTIES AND DENYING INTERPLEADER DEFENDANTS' MOTION TO DISMISS THE INTERPLEADER COMPLAINT: Berkeley's complaint is dismissed for failure to join necessary parties. The Clerk of the Court is directed to close the file in Case No. 09 Civ. 2319 (CM). BPC's and Grove's motion to dismiss the interpleader complaint in the Mallow action is denied. (Case No. 09 Civ. 3771, Docket No.5.) This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 7/20/2009) (jpo) (Entered: 07/20/2009) | 2011-07-01 15:51:39 | 1a840a033876030680ee0466866ab3bd5f703b71 | |
| 2009-07-22 | 10 | 0 | CLERK'S JUDGMENT in favor of Mallow, Konstam & Hager, P.C. against Baltimore Properties Corp., Berkeley Acquisition, LLC, City Point Properties, Ltd, Gilda Estates, Ltd, Grove Street Homes, LLC, Monroes Estates, Ltd, Premier Estates NY, Inc, Right Match, Ltd, Simon TOV Properties, Ltd, Chanie Meisels, Moshe Meisels that interpleader defendants' motion to dismiss the interpleader complaint in 09 cv 3771 is denied. (Signed by J. Michael McMahon, Clerk on 7/22/09) (jf) (Additional attachment(s) added on 7/22/2009: # 1 notice of right to appeal) (jf). (Entered: 07/22/2009) | |||
| 2012-02-17 | 11 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Benjamin Hager dated 2/16/12 re: Counsel writes with the status of the Interpleader pursuant to a phone inquiry on 2/8/12. ENDORSEMENT: Either this case is ready for trial in 30 days or I will dismiss it for non-prosecution. (Signed by Judge Colleen McMahon on 2/16/2012) (mro) (Entered: 02/17/2012) | |||
| 2012-03-12 | 12 | 0 | TRIAL NOTICE: Final Pretrial Conference set for 3/16/2012 at 02:00 PM in Courtroom 14C at the U.S. District Courthouse, 500 Pearl Street, New York, NY 10007 before United States District Judge Colleen McMahon. Bench Trial set for 3/26/2012 at 09:30 AM before Judge Colleen McMahon. Any scheduling difficulties must be brought to the attention of the Court in writing. (Signed by Judge Colleen McMahon on 3/12/2012) (ft) (Entered: 03/12/2012) | |||
| 2012-03-14 | 13 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Jeffrey D. Ullman dated 3/13/2012 re: counsel for defendant Baltimore Properties Corp. ("BBC") writes that beginning in or about June, 2009, Mr. Caldwell began to avoid all of our efforts to communicate with him, directly, by telephone and electronically, by electronic mail. Our efforts reach him by regular mail also failed; mail began coming back to us as undeliverable. Accordingly, we cannot conscientiously continue to serve as defense counsel in this to matter. We ask the Court's guidance in the matter, and for relief, at least, from the duty to appear at the pretrial conference scheduled for March 16, 2012. ENDORSEMENT: (1) Diversity is determined as of the date the case is filed-not later. (2) You have waited an awfully long time to communicate with the court-your client stopped telling to you three years ago. (3) Come to the conference 3/16-and move orally for relief. (Signed by Judge Colleen McMahon on 3/14/2012) (pl) (Entered: 03/15/2012) | |||
| 2012-03-15 | 14 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Martin Stein dated 3/15/2012 re: As I wrote to you earlier this week, I am unable to attend the pre trial conference scheduled for tomorrow as I am in Florida for depositions in another case. ENDORSEMENT: Final Pretrial Conference is re-scheduled for 4/20/12 @ 11:45 a.m. Trial is re-scheduled for Monday, 4/30/12 @ 9:30 a.m., ( Bench Trial set for 4/30/2012 at 09:30 AM before Judge Colleen McMahon., Final Pretrial Conference set for 4/20/2012 at 11:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 3/15/2012) (lmb) (Entered: 03/15/2012) | |||
| 2012-03-16 | 15 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Jeffrey D. Ullman dated 3/15/2012 re: We have the Court's written advice today, adjourning a final pretrial conference in this matter from tomorrow to April 20, 2012. With regret, I must inform the Court that I am actually engaged that day before the Superior Court of New Jersey, Chancery Division, Monmouth County, in Matter of Lipsky, Docket No. MON-C-454-11, and, therefore, that I will be unable to appear. As in the case of Mr. Stein, there is no one else in my office able to attend who is familiar with this matter. ENDORSEMENT: Conference scheduled for 3/30/12 at 11:15 a.m. (Final Pretrial Conference set for 3/30/2012 at 11:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 3/15/2012) (djc) (Entered: 03/16/2012) | |||
| 2012-03-30 | 16 | 0 | ORDER: Defendants Baltimore Properties Corp. and Grove Street Homes, LLC are directed to appear by counsel in this case within 60 days of this order, or be prepared to have a default judgment entered against them. The Clerk of Court is directed to forward this Order to the New Jersey Secretary of State,for service on Defendants at their last registered organizational address.(Signed by Judge Colleen McMahon on 3/30/2012) (djc) (Entered: 03/30/2012) | |||
| 2012-03-30 | 17 | 0 | ORDER: Having reviewed the letter requests of counsel for Defendant Baltimore Properties Corp., Mr. Jeffrey Ullman, dated March 13 and 15, 2012, to be relieved as counsel, and having heard his application orally at a conference held today, it is hereby ordered: Counsel is relieved due to his client's failure to communicate, among other reasons, set forth in counsel's letters to the Court. (Signed by Judge Colleen McMahon on 3/30/2012) (djc) (Entered: 03/30/2012) | |||
| 2012-04-10 | 18 | 0 | ORDER: I hereby give the Mallow Law Firm until Friday, April 27, 2012 to serve Meisels at his Monsey address. Along with the summons and complaint, the Mallow Law Firm shall send a letter to Mr. Meisels advising him of the following: (1) The court will not grant any further adjournments in this matter. (2) He must file an answer to the complaint asserting or denying an interest in the interpleaded funds within the time period allowed under the Federal Rules of Civil Procedure. (3) If he asserts an interest in the interpleaded funds, he must be prepared to be called for trial on 40 hours notice commencing June 10, 2012. This matter will be closed out in the next few months. (Service due by 4/27/2012, Ready for Trial by 6/10/2012.) (Signed by Judge Colleen McMahon on 4/9/2012) Copies Mailed By Chambers. (ft) (Entered: 04/10/2012) | |||
| 2012-04-27 | 19 | 0 | ENDORSED LETTER: addressed to Judge Colleen McMahon from Gerold Mallow dated 4/26/2012 re: Counsel for defendant writes based on the above, request is made that this office have an additional week to service Mr. Meisels by service on Jan Meyer. ENDORSEMENT: You have until May 11 to serve or I will dismiss. So Ordered. (Signed by Judge Colleen McMahon on 4/27/2012) (js) (Entered: 04/27/2012) | |||
| 2012-05-15 | 20 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Gerold Mallow dated 5/11/2012 re: counsel for Defendant writes that regrettably Jan Meyer could not get authorization from his client Moishe Meisels to accept service on his behalf. As such, this office consents to the dismissing of this action without prejudice based upon the failure of diversity between the parties. ENDORSEMENT: "This action is dismissed for lack of complete diversity. Clerk to close file." (Signed by Judge Colleen McMahon on 5/15/2012) (pl) (Entered: 05/16/2012) |