| Court: | nysd |
| Docket #: | 1:11-cv-05926 |
| Case Name: | Ball v. Cook et al |
| PACER case #: | 383984 |
| Date filed: | 2011-08-24 |
| Assigned to: | Judge Richard J. Sullivan |
| Case Cause: | 28:1332 Diversity-Breach of Fiduciary Duty |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| George Ball Plaintiff |
Mel P. Barkan |
| R. Scott Cook Defendant |
Eric Alwin Boden James Christian Clark James Eisenhower |
| Soussan A.E. Cook Defendant |
Eric Alwin Boden James Christian Clark James Eisenhower |
| Cook Fine Art, L.L.C. Defendant |
Eric Alwin Boden James Christian Clark James Eisenhower |
| New Yorker Storage Co, Inc. Defendant also known asNew Yorker Arts |
Donna Marie Russo |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-08-24 | 1 | 0 | COMPLAINT against R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C., New Yorker Storage Co, Inc.. (Filing Fee $ 350.00, Receipt Number 465401014850)Document filed by George Ball.(rdz) (Entered: 08/26/2011) | |||
| 2011-08-26 | 2 | 0 | MOTION for James Eisenhower to Appear Pro Hac Vice. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C.(pgu) (Entered: 08/26/2011) | |||
| 2011-08-24 | 3 | 0 | TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Accordingly IT IS HEREBY ORDERED that Defendants R. Scott Cook, Soussan A.E. Cook, and Cook Fine Art, L.L.C., and any of their agents or assigns, including but not limited to New Yorker, are temporarily restrained from transferring or removing any of Mr. Ball's or the Cooks' property to any location outside of its current location. IT IS FURTHER ORDERED that the Above-named Defendants show cause before this Court, at Room 21 C, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on Wednesday, September 7, 2011, at 12:00 p.m., why an order should not be issued (1) pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining New Yorker, or anyone in control of the storage facilities located at 120 West 107th Street, New York, New York 10025, during the pendency of this action from delivering to anyone any and all property held by New Yorker in the names of (a) Plaintiff and (b) any of the Defendants, or any entity known by New Yorker to be controlled or owned by any of the Defendants; as further set forth in this Order. Show Cause Hearing set for 9/7/2011 at 12:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 8/24/2011) (mro) Modified on 8/29/2011 (mro). (Entered: 08/26/2011) | |||
| 2011-08-29 | 4 | 0 | NOTICE OF APPEARANCE by Eric Alwin Boden on behalf of R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C. (Boden, Eric) (Entered: 08/29/2011) | |||
| 2011-08-30 | 5 | 0 | ORDER FOR ADMISSION PRO HAC VICE, granting 2 Motion for James Eisenhower to Appear Pro Hac Vice for all purposes as counsel for defendants R. Scott Cook, Soussan A.E. Cook and Cook Fine Art, LLC in the above captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Richard J. Sullivan on 8/30/11) (pl) Modified on 8/30/2011 (pl). (Entered: 08/30/2011) | |||
| 2011-08-30 | 6 | 0 | DECLARATION of Mel P. Barkan in Support re: 3 Order to Show Cause,,,,,. Document filed by George Ball. (Attachments: # 1 Exhibit i, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Barkan, Mel) (Entered: 08/30/2011) | |||
| 2011-08-30 | 7 | 0 | DECLARATION of George Ball in Support re: 3 Order to Show Cause,,,,,. Document filed by George Ball. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit i, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Barkan, Mel) (Entered: 08/30/2011) | |||
| 2011-08-31 | 8 | 0 | ORDER: that the 9/7/2011 hearing is adjourned sine die. Plaintiff shall submit to the Court by 9/7/2011, a proposed order specifying the relief he seeks. Defendants shall make objections to the proposed order, if any, by 9/12/2011. (Signed by Judge Richard J. Sullivan on 8/31/2011) (ft) (Entered: 09/01/2011) | |||
| 2011-09-01 | 9 | 0 | AFFIDAVIT OF SERVICE of Order to Show Cause, The Supporting Declaration of Ball, The Supporting Declaration of Barkan, Exhibits A-L To the Order to Show Cause, and the Summons and Verified Complaint served on New York Storage Co., Inc. a/k/a New York Arts on 08/26/2011. Service was accepted by Jose Luis. Document filed by George Ball. (Barkan, Mel) (Entered: 09/01/2011) | |||
| 2011-09-01 | 10 | 0 | AFFIDAVIT OF SERVICE of Order to Show Cause, The Supporting Declaraation of Ball, The Supporting Declaration of Barkan, Exhibits A-L To the Order to Show Cause, and The Summons and Verified Complaint served on James J. Eisenhower, Esq. attorney for R. Scott Cook, Soussan A.E. Cook and Cook Fine Art. L.L.C. and on R. Scott Cook by e-mail only on 08/24/2011. Service was made by email, facsimile and Federal Express Priority Mail. Document filed by George Ball. (Barkan, Mel) (Entered: 09/01/2011) | |||
| 2011-09-16 | 11 | 0 | ORDER FOR PRELIMINARY INJUNCTION EXPEDITED DISCOVERY AND ATTACHMENT:It is ordered, that Plaintiffs Motion for a preliminary injunction, order of attachment, and expedited discovery against the Cook Defendants is granted; and it is further ordered that New Yorker is enjoined, during the pendency of this action, from delivering to anyone any and all property held by New Yorker in the names of(a) Plaintiff and(b) any of the Cook Defendants, or any entity known by New Yorker to be controlled or owned by any of the Cook Defendants; and it is further ordered, that the Cook Defendants are enjoined, during the pendency of this action, from transferring or removing Plaintiffs property from its current location; and it is further ORDERED, that the United States Marshal for the Southern District of New York or Plaintiffs attorneys may serve this Order of Attachment on non-parties to this action; and it is further ORDERED, that Plaintiff may conduct expedited discovery from the Cook Defendants concerning the sales by them of Plaintiffs artworks and concerning each of the Cook Defendants' bank accounts dating back eight (8) years, and that Plaintiff may immediately serve subpoenas on financial institutions where each of the Cook Defendants has or had bank accounts. All other provisions as further set forth in this order (Signed by Judge Richard J. Sullivan on 9/15/2011)(js). (Entered: 09/16/2011) | |||
| 2011-09-27 | 12 | 0 | MOTION for Extension of Time to File Answer. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C..(Boden, Eric) (Entered: 09/27/2011) | |||
| 2011-09-27 | 13 | 0 | DECLARATION of James Eisenhower in Support re: 12 MOTION for Extension of Time to File Answer.. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boden, Eric) (Entered: 09/27/2011) | |||
| 2011-09-29 | 14 | 0 | ORDER. The Court is in receipt of a motion from Defendants, seeking an extension of time to answer or otherwise respond to Plaintiff's complaint. This request is granted. Accordingly, Defendants' time to answer or otherwise respond to the complaint is extended until October 14, 2011, and as further set forth. Granting 12 Motion for Extension of Time to Answer re 1 Complaint. R. Scott Cook answer due 10/14/2011; Soussan A.E. Cook answer due 10/14/2011; Cook Fine Art, L.L.C. answer due 10/14/2011. (Signed by Judge Richard J. Sullivan on 9/29/11) (rjm) (Entered: 09/29/2011) | |||
| 2011-10-10 | 15 | 0 | NOTICE OF APPEARANCE by Donna Marie Russo on behalf of New Yorker Storage Co, Inc. (Russo, Donna) (Entered: 10/10/2011) | |||
| 2011-10-14 | 16 | 0 | ORDER: that the parties shall appear for a pre-motion conference on Friday, October 28, 2011, at 10:30 a.m. However, the Court feels compelled to note that, based on the arguments advanced in Defendants' pre-motion letter, Defendants' motion to dismiss appears unlikely to prevail, and the Court is not inclined to stay discovery. ( Pre-Motion Conference set for 10/28/2011 at 10:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/14/2011) (pl) (Entered: 10/17/2011) | |||
| 2011-10-28 | 17 | 0 | ORDER: As stated on the record at the October 28, 2011 conference, Defendants' request to stay discovery is denied. The expedited discovery set forth in the Court's September 15, 2011 Order shall be completed by November 11, 2011. Additionally, Defendants may file their motion to dismiss by November 4, 2011. Upon receipt of such motion, the Court will determine if further briefing is necessary. Finally, by November 11, 2011, the parties shall submit a proposed case management plan and scheduling order. A template of the order is available at ww.nysd.uscourts.gov/cases/show.php?db=judge_info&id=347.( Discovery due by 11/11/2011., Motions due by 11/4/2011.) (Signed by Judge Richard J. Sullivan on 10/28/2011) (mro) (Entered: 10/28/2011) | |||
| 2011-11-04 | 18 | 0 | MOTION to Dismiss. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C..(Boden, Eric) (Entered: 11/04/2011) | |||
| 2011-11-04 | 19 | 0 | DECLARATION of Eric A. Boden in Support re: 18 MOTION to Dismiss.. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Boden, Eric) (Entered: 11/04/2011) | |||
| 2011-11-04 | 20 | 0 | MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss.. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C.. (Boden, Eric) (Entered: 11/04/2011) | |||
| 2011-11-10 | 21 | 0 | ORDER: Accordingly,Plaintiff's request for the modifications of the preliminary injunction is hereby denied. so Ordered (Signed by Judge Richard J. Sullivan on 11/10/2011) (js) (Entered: 11/10/2011) | |||
| 2011-11-17 | 22 | 0 | CASE MANAGEMENT PLAN: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is not be tried to a jury. Trial estimated length is 2 weeks. Motions due by 5/23/2012. Deposition due by 3/9/2012. Fact Discovery due by 4/30/2012. Expert Discovery due by 5/4/2012. Discovery due by 5/23/2012. Status Conference set for 6/8/2012 at 10:00 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 11/16/2011) (ama) (Entered: 11/17/2011) | |||
| 2011-12-13 | 23 | 0 | ORDER: On September 15, 2011, the Court issued a preliminary injunction in this action that, among other things, enjoined Defendants from "transferring or removing Plaintiffs property from its current location." The Court is now in receipt of a letter from Plaintiff, dated December 9, 2011, requesting that the Court enter an order directing Schiller & Bodo, a New York art dealer, to return three works of art to Plaintiff. According to Plaintiff, the three works were given to Schiller & Bodo on consignment by Defendants R. Scott Cook and Cook Fine Art. In light of the fact that Schiller & Bodo are not named in the preliminary injunction, and that the preliminary injunction does not require any party to return property to Plaintiff, but merely prohibits Plaintiffs alleged property from being removed from its current location pending resolution of the action, Plaintiffs request is denied. To the extent that Plaintiff seeks a modification of the terms of the preliminary injunction, Plaintiff must demonstrate that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. See Winter v. Natural Res. Def. Council, 555 U.S. 7,20 (2008). Plaintiff has not made such a showing with respect to the property allegedly held by Schiller & Bodo. (Signed by Judge Richard J. Sullivan on 12/12/2011) (mro) (Entered: 12/13/2011) | |||
| 2012-01-11 | 24 | 0 | ORDER: On November 4, 2011, Defendants filed a motion to dismiss Plaintiff's Complaint. IT IS HEREBY ORDERED that the parties shall appear for oral argument on Defendants' motion on Wednesday, January 25, 2012, at 10:00 a.m. At the conference, the Court will also address how to proceed with discovery in the event that a criminal prosecution is initiated against one or more of the Defendants. ( Oral Argument set for 1/25/2012 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 1/10/2012) (mro) (Entered: 01/11/2012) | |||
| 2012-01-12 | 25 | 0 | ENDORSED LETTER addressed to Judge Richard J Sullivan from Eric A Boden dated 1/11/2012 re: Request that 1/25/2012 oral argument on the Cook Defendants' Motion to Dismiss the Complaint be adjourned to 1/31, 2/2 or 2/3/2012. ENDORSEMENT: The conference is adjourned until Tuesday, 1/31/2012 at 10:30 am. (Signed by Judge Richard J. Sullivan on 1/11/2012) (cd) (Entered: 01/12/2012) | |||
| 2012-01-31 | 26 | 0 | ORDER denying 18 Motion to Dismiss. Additionally, Defendants' motion to stay the action pending resolution of the parallel criminal proceeding is denied without prejudice to renewal. The parties shall continue to adhere to the discovery deadlines set forth in the November 16, 2011 case management plan and scheduling order. Defendants' time to answer the Plaintiffs complaint is extended until March 1, 2012, The Clerk of Court is respectfully directed to terminate the motion located at Doc, No. 18. (Signed by Judge Richard J. Sullivan on 1/31/2012) (cd) (Entered: 01/31/2012) | |||
| 2012-02-08 | 27 | 0 | STIPULATION AND ORDER: The Court's Order for Preliminary Injunction, Expedited Discovery and Attachment dated September 15, 2011 (the "Order") is to be applied to Schiller & Bodo ("S&B"), an art dealer which has been served with a copy of the Order and to whom defendants R. Scott Cook and Cook Fine Art had previously consigned three (3) works of art belonging to Plaintiff, which works remain in S&B's possession, the Order is hereby modified only to the extent that S&B is hereby authorized to return the following works of art to the Plaintiff, at Plaintiff's cost for appropriate packing, insuring and shipping, to the location designated by Plaintiff, within three (3) business days of being served with a copy of this Stipulation after it has been "So Ordered" by the Court: (i) Emil-Antoine Bourdelle, "Baigneuse accroupie", (ii) Gustave Jean Jacquet, "La belle en rouge", and (iii) Albert Marquet, "Femme nue debout dans un atelier". (Signed by Judge Richard J. Sullivan on 2/8/2012) (ft) (Entered: 02/08/2012) | |||
| 2012-03-01 | 28 | 0 | ANSWER to 1 Complaint. Document filed by R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C..(Boden, Eric) (Entered: 03/01/2012) | |||
| 2012-03-08 | 29 | 0 | ORDER: On March 1, 2012, the Cook Defendants filed their Answer to the Complaint. Because granting the Cook Defendants' motion would be in violation of Rule 12(f) of the Federal Rules of Civil Procedure, that motion is deemed made and DENIED. Because the Cook Defendants have filed their Answer, they plainly cannot make their motion before responding to the Complaint. As such, the Court will not, under Rule 12(f), consider the Cook Defendants' motion to strike. (Signed by Judge Richard J. Sullivan on 3/8/2012) (tro) (Entered: 03/09/2012) | |||
| 2012-03-05 | 30 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C., New Yorker Storage Co, Inc. Service of Court Order was attempted on 11/9/2011. Document filed by George Ball. (rjm) Modified on 3/15/2012 (rjm). Modified on 3/15/2012 (rjm). (Entered: 03/15/2012) | |||
| 2012-03-05 | 31 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Court Order served on JPMorgan Chase, Legal and Compliance Department on 11/9/2011. Service was accepted by Melissa M. Sarran-Mangal, Legal Specialist. Document filed by George Ball. (ft) (Entered: 03/15/2012) | |||
| 2012-03-05 | 32 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED - Order of Attachment served on Schnader Harrison Segal & Lewis LLP; Attn: Eric Boden on 12/1/2012. Service was accepted by Joann Goodson. Document filed by George Ball. Joann Goodson certifies and returns that she has received no funds or property belonging to the defendant. (ab) (Entered: 03/28/2012) | |||
| 2012-04-11 | 33 | 0 | STIPULATION AND ORDER: The Order dates 9/15/2011 is hereby modified to the extent that Hamburg Kennedy may sell the following work of art for $65,000 less $5,000 commission, and the net proceeds of such sale ($60,000) shall be delivered to and held in the escrow account of plaintiff's attorneys pending the outcome of this case and shall remain subject to the Order during the pendency of the case: Irving Penn's "Cocoa dress (Balenciaga)", Lisa Fonssagrives-Penn, Paris, Medium platinum-palladium print, mounted, Year of Work: 1950, Printing/Casting Before 1980. (Signed by Judge Richard J. Sullivan on 4/11/2012) (ft) (Entered: 04/11/2012) | |||
| 2012-05-08 | 34 | 0 | ORDER: the Cook Defendants' request for reconsideration is DENIED. Moreover, for the reasons stated on the record at the January 3I, 20I2 conference and set forth in Plaintiff's May 7 letter, the Cook Defendants' contemplated renewed motion for a stay is deemed made and DENIED. In his May 7, 2012 letter, Plaintiff also requests that the Court ''extend the discovery cutoff date from May 23[, 2012] to June 5[, 2012]" and "permit all the interim discovery dates for fact discovery, including responses to Requests for Admission, and all expert discovery, to be extended to that date." The Court GRANTS Plaintiffs request. (Signed by Judge Richard J. Sullivan on 5/7/2012) (cd) (Entered: 05/08/2012) | |||
| 2012-05-15 | 35 | 0 | ORDER:IT IS HEREBY ORDERED that the post-discovery conference currently scheduled for June 8, 2012 is adjourned and rescheduled for June 15, 2012 at 11:00 a.m. (Signed by Judge Richard J. Sullivan on 5/14/2012) (js) (Entered: 05/15/2012) | |||
| 2012-05-25 | 36 | 0 | ORDER: In light of the parties' aforementioned letter and emails, IT IS HEREBY ORDERED that, by June 1, 2012 at 4:00 p.m. Plaintiff shall submit a letter to the Court containing (1) a more thorough description of the remaining discovery contemplated and (2) an explanation as to the prejudice to Plaintiff, if any, were the Court to grant a stay in this action. (Signed by Judge Richard J. Sullivan on 5/25/2012) (js) (Entered: 05/29/2012) | |||
| 2012-06-04 | 37 | 0 | ORDER. IT IS HEREBY ORDERED that if Plaintiff does indeed intend to request leave to file a motion for summary judgment, it shall submit a pre-motion letter to the Court forthwith explaining the bases for its anticipated motion and including citations to relevant authority. (Signed by Judge Richard J. Sullivan on 6/4/2012) (rjm) (Entered: 06/04/2012) | |||
| 2012-06-06 | 38 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Jim Eisenhower dated 6/6/2012 re: Counsel requests permission to appear by telephone for the Court's 6/15 post discovery conference. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 6/6/2012) (jfe) (Entered: 06/06/2012) | |||
| 2012-06-11 | 39 | 0 | ORDER: IT IS HEREBY ORDERED that, pursuant to my Individual Practices, the Cook Defendants shall have until Wednesday, June 13, 2012, at 4:00 p.m. to submit a pre-motion letter response to Plaintiff's request to file a motion for summary judgment against Mr. Cook. IT IS FURTHER ORDERED that the post-discovery conference in this action, scheduled for June 15, 2012, will also serve as a pre-motion conference on the contemplated motions discussed above. At the conference, the Court will also hear argument on (1) whether it should stay this action in light of the pending criminal action against Mr. Cook and (2) the Cook Defendants' request, made in their May 25, 2012 letter, for a thirty-day extension of the discovery cutoff date. IT IS FURTHER ORDERED that, by Wednesday, June 13, 2012, at 4:00 p.m., the government shall submit a letter to the Court indicating (1) whether it has a position as to staying this action in light of the pending criminal action against Mr. Cook, United States v. Cook, No. 12 Cr. 234 (ALC), and (2) whether it wishes to be heard at the conference on June 15, 2012. (Signed by Judge Richard J. Sullivan on 6/11/2012) (jfe) (Entered: 06/11/2012) | |||
| 2012-06-12 | 40 | 0 | NOTICE OF APPEARANCE by James Christian Clark on behalf of R. Scott Cook, Soussan A.E. Cook, Cook Fine Art, L.L.C. (Clark, James) (Entered: 06/12/2012) |