| Court: | nysd |
| Docket #: | 1:12-cv-09208 |
| Case Name: | Tire Engineering and Distribution, L.L.C. et al v. Bank of China Limited |
| PACER case #: | 405430 |
| Date filed: | 2012-12-18 |
| Date terminated: | 2013-04-18 |
| Assigned to: | Judge Andrew L. Carter, Jr |
| Case Cause: | 28:1332 Diversity-Other Contract |
| Nature of Suit: | 150 Contract: Recovery/Enforcement |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Tire Engineering and Distribution, L.L.C. Plaintiff |
Stephen Z Starr Stephen Adam Weisbrod Vildan Erturk Starr |
| Jordan Fishman Plaintiff |
Stephen Z Starr Stephen Adam Weisbrod Vildan Erturk Starr |
| Bearcat Tire A.R.L. Plaintiff |
Stephen Z Starr Stephen Adam Weisbrod Vildan Erturk Starr |
| Bcatco A.R.L. Plaintiff |
Stephen Z Starr Stephen Adam Weisbrod Vildan Erturk Starr |
| Bank of China Limited Defendant |
Pamela Rogers Chepiga |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-12-18 | 1 | 0 | COMPLAINT against Bank of China Limited. (Filing Fee $ 350.00, Receipt Number 1055658)Document filed by Tire Engineering and Distribution, L.L.C., Bearcat Tire A.R.L., Bcatco A.R.L., Jordan Fishman.(laq) (laq). (Entered: 12/19/2012) | |||
| 2012-12-18 | 2 | 0 | ORDER TO SHOW CAUSE Bank of China Limited shall show cause as to why why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant Bank of China and its agents during the pendency of this action for selling, assigning, transferring, releasing, moving, depositing of, alienating, paying over, or secreting any money, accounts, or other assets that it should or posses in the name of or for the benefit of one or more of SHANDONG LINLONG RUBBER CO., LTD. LINGLONG GROUP CO., LTD, SHANDONG LINGLONG TIRE CO., LTD, AL DOBOWI LTD., AL DOBOWI TYRE CO., LLC, TYREX INTERNATIONAL, LTD., and TYREX INTERNATIONAL RUBBER CO., LTD. (collectively, "Judgment Debtors"), as it appears that TIRE ENGINEERING AND DISTRIBUTION, LLC, JORDAN FISHMAN, BEARCAT TIRE A.R.L., and BCA TCO A.R.L., plaintiffs herein ("Plaintiffs") will suffer immediate and irreparable injury in the form of dissipation of assets of the Judgment Debtors by defendant BANK OF CHINA and that such dissipation will be accelerated if defendant BANK OF CHINA and the Judgment Debtors are given advance notice of this application; and it is further ORDERED, that service of a copy of this Order together with the pleadings, declaration and memoranda of law upon which it is based on or before December 19, 2012 at 5:00 p.m. on defendant BANK OF CHINA at its New York branch located at 410 Madison Avenue, New York, New York 10017 shall be deemed good and sufficient service thereof; and it is further ORDERED, that service of a copy of this order together with the pleadings, declaration and memoranda of law upon which it is based on on before December 19, 2012 at 5:00 p.m. on the Judgment Debtors, SHANDONG LINGLONG RUBBER CO. LTD. (n/k/a LINGLONG GROUP CO., LTD.) and SHANDONG LINGLONG TIRE CO., LTD., by service upon their attorneys, Morgan Lewis & Bockius LLP, 1111 Pennsylvania Ave NW, Washington, DC 20004 (Attn: Howard M. Radzley, Esq., David R. Broderdorf, Esq., and Jessica M. Zetwick, Esq.) shall be deemed good and sufficient service thereof; and it is further ORDERED, that service of a copy of this Order together with the pleadings, declaration and memoranda of law upon which it is based on or before December 19, 2012, at 5:00 p.m. on the Judgment Debtors, AL DOBOWI LTD., AL DOBOWI TYRE CO., LLC, TYREX INTERNATIONAL, LTD., AND TYREX INTERNATIONAL RUBBER CO., LTD., by service upon their attorneys, Sidley Austin LLP, 1501 K Street, N.W., Washington, D.C. 20005 (Attn: Peter D. Keisler, Esq. and Richard Klingler, Esq.), and Bracewell & Giuliani LLP 2000 K St NW, Suite 500, Washington, DC 20006 (Attn: Shelby Jeanne Kelley, Esq.), shall be deemed good and sufficient service thereof; and it is further ORDERED, that Plaintiffs exparte motion seeking leave to file a consolidated memorandum of law in excess of possible page limits established pursuant to the Individual Practice Rules of the U.S. District Court Judge assigned to this case is hereby granted; and it is furtherORDERED, that any response to this Order to Show Cause (i) shall be made in writing; (ii) shall state with particularity the grounds therefor; (iii) shall comply with the Federal Rules of Civil Procedure and the Local Civil Rules of this Court; and (iv) shall be electronically filed on the ECF System in this action with a courtesy copy delivered to the Office of the Clerk, United States District Court for the Southern District of New York marked "Courtesy Copy" -- Attn: The Honorable Andrew Carter and served upon Starr & Starr, PLLC, 260 Madison Ave., 17th Floor, New York, NY 10016 (Attention: Stephen Z. Starr, Esq.), and Weisbrod Matteis & Copley PLLC, 1900 M Street, N.W., Suite 850, Washington, D.C. 20036 (Attn: Stephen A. Weisbrod, Esq. and William E. Copley, Esq.), such that the response is actually filed and received in hand no later than 5:00 p.m. on December 21, 2012. Show Cause Hearing set for 12/27/2012 at 04:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. Show Cause Response due by 12/21/2012. (Signed by Judge Andrew L. Carter, Jr on 12/18/2012) (ago) (Entered: 12/19/2012) | |||
| 2012-12-19 | 3 | 0 | MOTION for William E. Copley III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8080433. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Proposed Pro Hac Vice Order)(Starr, Stephen) (Entered: 12/19/2012) | |||
| 2012-12-21 | 4 | 0 | NOTICE OF CASE ASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 12/21/2012) | |||
| 2012-12-21 | 5 | 0 | ORDER: Defendant Bank of China's request for an extension of time to respond to the order to show cause, as modified, dated December 18,2012, is GRANTED. Defendant has until December 24,2012 to file a response. The hearing date, December 27,2012, will remain unchanged. SO ORDERED.( Responses due by 12/24/2012) (Signed by Judge Andrew L. Carter, Jr on 12/20/2012) (ama) (Entered: 12/21/2012) | |||
| 2012-12-21 | 6 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C..(Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 7 | 0 | DECLARATION of William Copley in Support re: 2 Order to Show Cause,,,,,,,,,,,,,,,,. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 8 | 0 | MEMORANDUM OF LAW in Support re: 2 Order to Show Cause,,,,,,,,,,,,,,,,. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B-D, # 3 Exhibit E-I, # 4 Exhibit J-K)(Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 9 | 0 | MOTION Turnover Order Pursuant to NY CPLR 5225(b) re: 2 Order to Show Cause,,,,,,,,,,,,,,,, 8 Memorandum of Law in Support, 7 Declaration in Support. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C..(Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 10 | 0 | AFFIDAVIT OF SERVICE of (i) the Order to Show Cause for Preliminary Injunction & Temporary Restraining Order; (ii) the Summons in a Civil Action; (iii) the Complaint; (iv) the Declaration of William E. Copley in Support of Plaintiffs-Judgment Creditors Motions for Ex Parte Temporary Restraining Order, Preliminary Injunction, and Turnover Order Pursuant to N.Y.C.P.L.R. § 5225(b); (v) Ex Parte Motion for Temporary Restraining Order & Preliminary Injunction; (vi) Motion for Turnover for Temporary Restraining Order & Preliminary Injunction Pursuant to N.Y. C.P.L.R. § 5225(b); (vii) Consolidated Memorandum in Support of Plaintiffs Motions for Ex Parte Temporary Restraining Order, Preliminary Injunction, and Turnover Order Pursuant to N.Y. C.P.L.R. § 5225; (viii) Individual Practices of Judge Andrew L. Carter, Jr.; (ix) Electronic Case Filings Rules & Instructions; and (x) Information Subpoena & Restraining Notice served on Bank of China on 12/19/2012. Service was accepted by Lu Xu, Legal Processing Offier. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 11 | 0 | AFFIDAVIT OF SERVICE of Summons, Complaint, Individual Practices of Judge Andrew L. Carter, Jr., ECF Rules & Instructions, Order to Show Cause; Declaration of William E. Copley; Consolidated Memorandum in Support of Plaintiffs' Motions for Ex Parte TRO, PI, and Turnover; Plaintiffs Ex Parte Motion for TRO & PI; Motion for Turnover; NYCPLR 5222 restraining notice and information subpoena; and Notice to Judgment Debtor or Obligor served on Al Dobowi Ltd., Al Dobowi Tyre Co., LLC, TyreX International, Ltd., and TyreX International RubberCo.,Ltd. on 12/19/2012. Service was accepted by Kevin A. Ewing, Esq., Counsel for Judgment Debtors Al Dobowi Ltd., Al Dobowi Tyre Co., LLC, TyreX International, Ltd., and TyreX International Rubber Co., Ltd. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 12 | 0 | AFFIDAVIT OF SERVICE of Summons, Complaint, Individual Practices of Judge Andrew L. Carter, Jr., ECF Rules & Instructions, Order to Show Cause; Declaration of William E. Copley; Consolidated Memorandum in Support of Plaintiffs' Motions for Ex Parte TRO, PI, and Turnover; Plaintiffs Ex Parte Motion for TRO & PI; Motion for Turnover; NYCPLR 5222 restraining notice and information subpoena; and Notice to Judgment Debtor or Obligor served on Al Dobowi Ltd., Al Dobowi Tyre Co., LLC, TyreX International, Ltd., and TyreX International RubberCo.,Ltd. on 12/19/2012. Service was accepted by Kim Wiorski, personal assistant to Peter D. Keisler and Richard Klingler, Counsel for Judgment Debtors Al Dobowi, Ltd., Al Dobowi Tyre Co., LLC, TyreX International, Ltd., and TyreX International Rubber Co., Ltd.. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 13 | 0 | AFFIDAVIT OF SERVICE of Summons, Complaint, Individual Practices of Judge Andrew L. Carter, Jr., ECF Rules & Instructions, Order to Show Cause; Declaration of William E. Copley; Consolidated Memorandum in Support of Plaintiffs' Motions for Ex Parte TRO, PI, and Turnover; Plaintiffs Ex Parte Motion for TRO & PI; Motion for Turnover; NYCPLR 5222 restraining notice and information subpoena; and Notice to Judgment Debtor or Obligor served on Shandong Linglong Rubber Co., Ltd, and Shandog Linglong Tire Co., Ltd. on 12/19/2012. Service was accepted by Jessica Zetwick, Counsel for Judgment Debtors Shandong Linglong Rubber Co., Ltd. and Shandong Linglong Tire Co., Ltd.. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-21 | 14 | 0 | MOTION for Temporary Restraining Order., MOTION for Preliminary Injunction. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C..(Starr, Stephen) (Entered: 12/21/2012) | |||
| 2012-12-24 | 15 | 0 | DECLARATION of Pamela Rogers Chepiga in Opposition re: 14 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction., 9 MOTION Turnover Order Pursuant to NY CPLR 5225(b) re: 2 Order to Show Cause,,,,,,,,,,,,,,,, 8 Memorandum of Law in Support, 7 Declaration in Support. MOTION Turnover Order Pursuant to NY CPLR 5225(b) re: 2 Order to Show Cause,,,,,,,,,,,,,,,, 8 Memorandum of Law in Support, 7 Declaration in Support.. Document filed by Bank of China Limited. (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)(Chepiga, Pamela) (Entered: 12/24/2012) | |||
| 2012-12-24 | 16 | 0 | MEMORANDUM OF LAW in Opposition re: 14 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction., 9 MOTION Turnover Order Pursuant to NY CPLR 5225(b) re: 2 Order to Show Cause,,,,,,,,,,,,,,,, 8 Memorandum of Law in Support, 7 Declaration in Support. MOTION Turnover Order Pursuant to NY CPLR 5225(b) re: 2 Order to Show Cause,,,,,,,,,,,,,,,, 8 Memorandum of Law in Support, 7 Declaration in Support.. Document filed by Bank of China Limited. (Chepiga, Pamela) (Entered: 12/24/2012) | |||
| 2012-12-27 | 17 | 0 | FIRST AMENDED COMPLAINT amending 1 Complaint against Bank of China Limited.Document filed by Tire Engineering and Distribution, L.L.C., Bearcat Tire A.R.L., Jordan Fishman. Related document: 1 Complaint filed by Bearcat Tire A.R.L., Bcatco A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C. (cd) (sac). (Entered: 12/28/2012) | |||
| 2012-12-28 | 18 | 0 | MOTION for Preliminary Injunction and Turnover Order. Document filed by Bcatco A.R.L., Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. Return Date set for 1/25/2013 at 01:00 PM. (Attachments: # 1 Exhibit A)(Starr, Stephen) (Entered: 12/28/2012) | |||
| 2012-12-28 | 19 | 0 | MEMORANDUM OF LAW in Support re: 18 MOTION for Preliminary Injunction and Turnover Order.. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B-D, # 3 Exhibit E-I, # 4 Exhibit J-K)(Starr, Stephen) (Entered: 12/28/2012) | |||
| 2012-12-28 | 20 | 0 | MOTION LEAVE TO FILE A BRIEF IN EXCESS OF APPLICABLE PAGE LIMIT re: 19 Memorandum of Law in Support of Motion,. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A)(Starr, Stephen) (Entered: 12/28/2012) | |||
| 2012-12-31 | 21 | 0 | CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Bank of China Limited served on 12/27/2012, answer due 1/17/2013. Service was made by Email. Document filed by Tire Engineering and Distribution, L.L.C.; Bearcat Tire A.R.L.; Jordan Fishman. (Starr, Stephen) (Entered: 12/31/2012) | |||
| 2013-01-07 | 22 | 0 | NOTICE OF CHANGE OF ADDRESS by Stephen Adam Weisbrod on behalf of All Plaintiffs. New Address: Weisbrod Matteis & Copley PLLC, 1900 M Street NW, Washington, DC, USA 20036, 202-499-7900. Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Weisbrod, Stephen) (Entered: 01/07/2013) | |||
| 2013-01-14 | 23 | 0 | MOTION to Dismiss Defendant Bank of China's Motion to Dismiss Plaintiffs' Amended Complaint. Document filed by Bank of China Limited.(Chepiga, Pamela) (Entered: 01/14/2013) | |||
| 2013-01-14 | 24 | 0 | MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss Defendant Bank of China's Motion to Dismiss Plaintiffs' Amended Complaint. and in Opposition to Plaintiffs' Motions for a Preliminary Injunction and Turnover Order. Document filed by Bank of China Limited. (Chepiga, Pamela) (Entered: 01/14/2013) | |||
| 2013-01-14 | 25 | 0 | DECLARATION of Pamela Rogers Chepiga in Support re: 23 MOTION to Dismiss Defendant Bank of China's Motion to Dismiss Plaintiffs' Amended Complaint.. Document filed by Bank of China Limited. (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, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Chepiga, Pamela) (Entered: 01/14/2013) | |||
| 2013-01-22 | 26 | 0 | MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss Defendant Bank of China's Motion to Dismiss Plaintiffs' Amended Complaint.. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A - Memorandum Decision, # 2 Exhibit B - Memorandum of Law filed in action for declaratory judgment in NY Supreme Court by Bank of China)(Starr, Stephen) (Entered: 01/22/2013) | |||
| 2013-01-28 | 27 | 0 | MOTION for Leave to File Second Amended Complaint. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Starr, Stephen) (Entered: 01/28/2013) | |||
| 2013-01-28 | 28 | 0 | MEMORANDUM OF LAW in Support re: 27 MOTION for Leave to File Second Amended Complaint.. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 01/28/2013) | |||
| 2013-02-07 | 29 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 1/25/2013 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2013. Redacted Transcript Deadline set for 3/14/2013. Release of Transcript Restriction set for 5/13/2013.Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Rodriguez, Somari) (Entered: 02/07/2013) | |||
| 2013-02-07 | 30 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/25/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Rodriguez, Somari) (Entered: 02/07/2013) | |||
| 2013-02-11 | 31 | 0 | MEMORANDUM OF LAW in Opposition re: 27 MOTION for Leave to File Second Amended Complaint.. Document filed by Bank of China Limited. (Chepiga, Pamela) (Entered: 02/11/2013) | |||
| 2013-02-13 | 32 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 12/27/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/11/2013. Redacted Transcript Deadline set for 3/21/2013. Release of Transcript Restriction set for 5/17/2013.Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Rodriguez, Somari) (Entered: 02/13/2013) | |||
| 2013-02-13 | 33 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Rodriguez, Somari) (Entered: 02/13/2013) | |||
| 2013-02-25 | 34 | 0 | REPLY MEMORANDUM OF LAW in Support re: 27 MOTION for Leave to File Second Amended Complaint.. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A)(Starr, Stephen) (Entered: 02/25/2013) | |||
| 2013-03-22 | 35 | 0 | MOTION to Stay / Motion to Preserve N.Y. C.P.L.R. 5222 Restraining Notice While Appeal is Pending. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C..(Starr, Stephen) (Entered: 03/22/2013) | |||
| 2013-03-22 | 36 | 0 | MEMORANDUM OF LAW in Support re: 35 MOTION to Stay / Motion to Preserve N.Y. C.P.L.R. 5222 Restraining Notice While Appeal is Pending.. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Attachments: # 1 Exhibit A - Restraining Notice, # 2 Exhibit B - Response to Information Subpoena, # 3 Exhibit C - Certified Questions of 2nd Cir. to NY Court of Appeals)(Starr, Stephen) (Entered: 03/22/2013) | |||
| 2013-03-29 | 37 | 0 | MEMORANDUM OF LAW in Opposition re: 35 MOTION to Stay / Motion to Preserve N.Y. C.P.L.R. 5222 Restraining Notice While Appeal is Pending.. Document filed by Bank of China Limited. (Chepiga, Pamela) (Entered: 03/29/2013) | |||
| 2013-03-29 | 38 | 0 | DECLARATION of Pamela Rogers Chepiga in Opposition re: 35 MOTION to Stay / Motion to Preserve N.Y. C.P.L.R. 5222 Restraining Notice While Appeal is Pending.. Document filed by Bank of China Limited. (Attachments: # 1 Exhibit A)(Chepiga, Pamela) (Entered: 03/29/2013) | |||
| 2013-04-02 | 39 | 0 | REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Stay / Motion to Preserve N.Y. C.P.L.R. 5222 Restraining Notice While Appeal is Pending.. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. (Starr, Stephen) (Entered: 04/02/2013) | |||
| 2013-04-04 | 40 | 0 | ORDER: Due to a conflict in the Court's schedule, the hearing previously set for April 8, 2013 is ADJOURNED to April 16, 2013 at 11:00 a.m. The parties should appear in person at the Thurgood Marshall United States Courthouse, 40 Foley Square, Courtroom 1306. (Status Conference set for 4/16/2013 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 4/4/2013) (mt) (Entered: 04/04/2013) | |||
| 2013-04-12 | 41 | 0 | MEMORANDUM & ORDER granting 35 Motion to Stay ; denying 18 Motion for Preliminary Injunction; granting 23 Motion to Dismiss. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED, as the separate entity rule precludes Plaintiffs' requested relief. The Motion for a Preliminary Injunction and Turnover Order and the Motion to Amend the Complaint are DENIED as moot. Plaintiffs' Motion to Preserve CPLR 5222 Restraining Notice While Appeal is Pending, which the Court construes as a Motion to Stay, is GRANTED. Enforcement of this Order, which would void Plaintiffs' Restraining Notice, is STAYED pending appeal to the Second Circuit. The Clerk of Court is respectfully directed to close this case and the enter judgment consistent with this Order. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/12/2013) (rsh) (Entered: 04/12/2013) | |||
| 2013-04-15 | 42 | 0 | ORDER: The status conference scheduled for April 16, 2013 is adjourned without a date. So Ordered (Signed by Judge Andrew L. Carter, Jr on 4/15/2013) (js) (Entered: 04/15/2013) | 2013-04-15 17:59:50 | db64f20c6f6d0de36aa0e18d38efb5bc4442255f | |
| 2013-04-18 | 43 | 0 | CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated April 12, 2013, Defendants Motion to Dismiss is granted, as a separate entity rule precludes Plaintiffs request relief; the Motion for a Preliminary Injunction and Turnover Order, and the Motion to Amend the Complaint are denied as moot; Plaintiffs Motion to preserve CPLR §2255 Restraining Notice while Appeal is Pending, which the Court construes as a Motion to Stay, is granted. Enforcement of the Order, which would void Plaintiffs Restraining Notice, is stayed pending appeal to the Second Circuit; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/18/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 04/19/2013) | |||
| 2013-04-19 | 44 | 0 | NOTICE OF APPEAL from 43 Clerk's Judgment,,. Document filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C.. Filing fee $ 455.00, receipt number 0208-8438458. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Starr, Stephen) (Entered: 04/19/2013) | |||
| 2013-06-03 | 45 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/15/2013 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/6/2013.Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Rodriguez, Somari) (Entered: 06/03/2013) | |||
| 2013-06-03 | 46 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/15/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-09208-ALC, 1:12-mc-00407-P1(Rodriguez, Somari) (Entered: 06/03/2013) | |||
| 2014-01-14 | 47 | 0 | OPINION of USCA as to 44 Notice of Appeal, filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C. USCA Case Number 13-1519-cv. In sum, we reserve decision and certify the following questions for these tandem cases to the New York Court of Appeals: First, whether the separate entity rule precludes a judgment creditor from ordering a garnishee bank operating branches in New York to turn over a debtor's assets held in foreign branches of the bank; and Second, whether the separate entity rule precludes a judgment creditor from ordering a garnishee bank operating branches in New York to restrain a debtor's assets held in foreign branches of the bank. We do not bind the Court of Appeals to the particular questions stated. Rather, the Court of Appeals may expand the certified questions to address any other issues that may pertain to the circumstances presented in these appeals. This panel retains jurisdiction and will consider any issues that remain on appeal once the New York Court of Appeals has either provided us with guidance or declined certification. It is therefore ORDERED that the Clerk of this Court transmit to the Clerk of the Court of Appeals of the State of New York a Certificate, as set forth below, together with complete sets of briefs and appendices, and the records filed in this Court by the parties.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/14/2014. (nd) (Entered: 01/14/2014) | |||
| 2014-02-24 | 48 | 0 | MANDATE of USCA (Certified Copy) as to 44 Notice of Appeal, filed by Bearcat Tire A.R.L., Jordan Fishman, Tire Engineering and Distribution, L.L.C. USCA Case Number 13-1519. IT is ORDERED that the appeal in Tire Engineering, No. 13-1519-cv is hereby DISMISSED. Our certification of the second question remains in effect with respect to Motorola, Nos. 13-2535-cv, 13-2639-cv. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/24/2014. (nd) (Entered: 02/25/2014) |