Case docket: Sam Shaw, Inc. et al v. The Estate of Larry Shaw and Susan Shaw

Case details

Court:	nysd
Docket #:	7:14-cv-05653
Case Name:	Sam Shaw, Inc. et al v. The Estate of Larry Shaw and Susan Shaw
PACER case #:	430103
Date filed:	2014-07-24
Assigned to:	Judge Nelson Stephen Roman
Referred to:	Magistrate Judge Judith C. McCarthy
Case Cause:	17:101 Copyright Infringement
Nature of Suit:	820 Copyright
Jury Demand:	None
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Sam Shaw, Inc. Plaintiff	Christopher Serbagi The Serbagi Law Firm, P.C. 488 Madison Avenue Suite 1120 New York, NY 10022 212-593-2112 Fax: 212-593-2112 Email: christopher@serbagilaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meta Stevens Plaintiff	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edith Marcus Plaintiff	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa Stevens Plaintiff	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Marcus Plaintiff	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
The Estate of Larry Shaw and Susan Shaw Defendant	Joseph Herbert Adams Joseph H. Adams, Esq. P.C 76 Burd Street Nyack, NY 10960 (845)-353-2320 Fax: (845)-353-6934 Email: joelawesq@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jakob Shaw Defendant
Susan Shaw Defendant
The Estate of Larry Shaw and Susan Shaw Counter Claimant	Joseph Herbert Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
The Estate of Larry Shaw and Susan Shaw Counter Defendant	Joseph Herbert Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
The Estate of Larry Shaw and Susan Shaw Counter Claimant	Joseph Herbert Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Marcus Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edith Marcus Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sam Shaw, Inc. Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa Stevens Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meta Stevens Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
The Estate of Larry Shaw and Susan Shaw Counter Claimant	Joseph Herbert Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Marcus Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edith Marcus Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sam Shaw, Inc. Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa Stevens Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meta Stevens Counter Defendant	Christopher Serbagi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2014-07-24	1	0		COMPLAINT against The Estate of Larry Shaw and Susan Shaw. (Filing Fee $350.00, Receipt Number 465401100974) Document filed by Sam Shaw, Inc., Meta Stevens, Melissa Stevens, David Marcus, Edith Marcus. (Attachments: # 1 Part 2) (lnl) (Entered: 07/25/2014)
2014-07-24	2	0		CIVIL COVER SHEET filed. (lnl) (Entered: 07/25/2014)
2014-07-24	3	0		STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:14-cv-03849. Document filed by David Marcus, Edith Marcus, Sam Shaw, Inc., Melissa Stevens, Meta Stevens.(lnl) (Entered: 07/25/2014)
2014-07-25	4	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sam Shaw, Inc..(Serbagi, Christopher) (Entered: 07/25/2014)
2014-08-13	5	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 8/12/2014 re: There will be no need for a briefing schedule by the Court on the issues of remand and consolidation. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 8/13/2014) (mml) (Entered: 08/13/2014)
2014-09-17	6	0		ANSWER to 1 Complaint. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 09/17/2014)
2014-09-19	7	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 9/18/2014 re: Counsel requests an extension of time to respond to Plaintiff's Amended Complaint. ENDORSEMENT: The application is granted. The Shaw Family Defendants are Granted an extension until Oct. 3, 2014 to respond to the Amended Complaint. (Signed by Judge Nelson Stephen Roman on 9/19/2014) (mml) (Entered: 09/19/2014)
2014-09-19	8	0		NOTICE OF INITIAL COURT CONFERENCE: Initial Case Management and Scheduling Conference set for 10/9/2014 at 11:45 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (mml) (Entered: 09/22/2014)
2014-09-22	9	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 9/22/2014 re: Counsel writes to request an endorsement to this letter to adjourn part of a prior scheduling order in the first-referenced Estate action. ENDORSEMENT: Plaintiff (in "Action 1" - 14cv3849) is referred to the Court's Memorandum Endorsement, dated Sept. 22, 2014. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/22/2014) (mml) (Entered: 09/23/2014)
2014-09-23	10	0		STIPULATION AND ORDER AS TO MOTIONS TO CONSOLIDATE AND REMAND: The two New York Supreme Court actions jointly removed to this Court, and the two complaints filed by plaintiff under the federal index number, captioned with New York Supreme Court Index Nos. 36562/2013 and 31831/2014, shall be deemed to be consolidated as one federal complaint under the caption for Action No. 1; Plaintiffs in Action No. 1 hereby withdraw their request, for permission to file a motion to remand these prior-filed New York Supreme Court actions to the Rockland County Supreme Court and withdraw objections to their removal to the United District Court for the Southern District of New York to be prosecuted in Action No. 1; Actions No. 2 is hereby consolidated into Action No. 1 for all purposes before this Court pursuant to Federal Rule of Civil Procedure 42(a); Hereafter, every document in this consolidated action shall bear a caption consisting of the respective captions for Action No. 1 and Action No. 2, with the caption for Action No. 2 to be placed after the caption for Action No. 1, and all documents relating to Action No. 1 or Action No. 2 shall be electronically filed under No. 7:14-cv-3849 (NSR). (Signed by Judge Nelson Stephen Roman on 9/23/2014) (mml) (Entered: 09/24/2014)
2014-10-03	11	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 9/25/2014 re: Counsel for defendants requests an extension of time to respond to the Amended Complaint. ENDORSEMENT: The Shaw Family defendants' request for an extension of time until Oct. 17, 2014 to respond to the Amended Complaint is Granted. The Initial Complaint scheduled for Oct. 9, 2014 is rescheduled until Oct. 30, 2014 at 11:00am. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/3/2014) (mml) (Entered: 10/06/2014)
2014-10-06	12	0		ANSWER to Complaint., COUNTERCLAIM against The Estate of Larry Shaw and Susan Shaw. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 10/06/2014)
2014-10-17	13	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 10/16/2014 re: Counsel requests a pre-motion conference to dismiss the amended complaint. ENDORSEMENT: The Initial Pre-trial Conference scheduled for Oct. 30, 2014 at 11:00am is converted to a pre-motion conference. The Clerk of the Court is requested to terminate the motion (doc. 30). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/17/2014) (mml) (Entered: 10/21/2014)
2014-10-23	14	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 10/22/2014 re: Counsel requests an adjournment of the answering date. ENDORSEMENT: Plaintiffs' (in Action 1) request for an extension of the briefing schedule is Granted as follows: opposition papers shall be served on Oct. 30, 2014; and reply papers shall be served on Nov. 17, 2014. All motion documents shall be filed on Nov. 17, 2014. No further extensions. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/23/2014) (mml) (Entered: 10/24/2014)
2014-10-28	15	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 10/27/2014 re: counsel writes to request that the following motions be the subject of the pre-trial conference. ENDORSEMENT: Opposing party to state position in writing (not to exceed 3 pages) by Oct. 29, 2014 by 4:00pm. The issues raised in this letter will be addressed on Oct. 30, 2014. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/30/2014) (mml) (Entered: 10/28/2014)
2014-10-30	16	0		ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Nelson Stephen Roman on 10/30/2014) Filed In Associated Cases: 7:14-cv-03849-NSR, 7:14-cv-05653-NSR. (mml) (Entered: 10/31/2014)
2014-10-30	17	0		CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. Amended Pleadings due by 5/15/2015. Joinder of Parties due by 5/15/2015. Deposition due by 3/18/2016. Discovery due by 3/18/2016. Case Management Conference set for 3/25/2016 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 10/30/2014) (mml) (Entered: 10/31/2014)
2014-11-05	18	0		SCHEDULING ORDER: The Court has scheduled a Status Conference for May 28, 2015 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. Status Conference set for 5/28/2015 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 11/5/2014) (rj) (Entered: 11/06/2014)
2014-11-06	19	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 11/5/2014 re: Counsel writes to request clarification regarding the permission provided to file a Rule 11 sanctions. ENDORSEMENT: The Court intended both motions to be filed in one motion. Memorandum page limits (moving and opposing) are extended to 40 pages in length. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/6/2014) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM. Copies Mailed By Chambers. (mml) (Entered: 11/06/2014)
2014-11-07	20	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 11/5/2014 re: Counsel writes in response to the "motion clarification letter". ENDORSEMENT: Upon consideration of the Estate counsel's letter to the Court, dated, November 5, 2014, the Court vacates it's previous endorsement and directs The Shaw Family Defendants to file two (2) separate motions. Memorandum page limits return to a maximum of 25 pages. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/7/2014) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM. (mml) (Entered: 11/10/2014)
2014-11-17	21	0		TRANSCRIPT of Proceedings re: conference held on 10/30/2014 before Judge Nelson Stephen Roman. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 12/11/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/20/2015.Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(McGuirk, Kelly) (Entered: 11/17/2014)
2014-11-17	22	0		NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/30/2014 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: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(McGuirk, Kelly) (Entered: 11/17/2014)
2014-11-24	23	0		MEMORANDUM ENDORSEMENT: Upon consideration of the Estate counsel's letter, dated, November 13, 2014, the Shaw Family counsel's letter, dated November 13, 2014 and defendant Adelman counsel's letter, dated November 18, 2014, the Court is not persuaded to stay the motion schedule, in place, for defendants' motion to dismiss pending discovery as per Mr. Adams' request. The motion schedule remains in effect. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/24/2014) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM. (mml) (Entered: 11/25/2014)
2014-12-10	24	0		MEMORANDUM ENDORSEMENT: Upon consideration of the Estate counsel's letter, dated, December 8, 2014, the Court Grants the Estate's request to extend the briefing schedule for the motion to dismiss as follows: opposition papers shall be served by December 29, 2014; and reply papers shall be served by January 14, 2015. All motion papers shall be filed on January 14, 2015. The Estate's request for an extension of up to 40 pages in length for their opposition memorandum is Granted. The extension of the briefing schedule for the Rule 11 sanctions motion is also Granted as follows: opposition papers shall be served by January 5, 2015; and reply papers shall be served by January 20, 2015. All motion papers shall be filed on January 20, 2015. The Clerk of the Court is respectfully requested to terminate this motion (doc. 59). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/10/2014) (mml) (Entered: 12/12/2014)
2014-12-30	25	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 12/30/2014 re: Counsel requests that the Court strike Mr. Adams' sixty-nine-page draft opposition memorandum. ENDORSEMENT: Plaintiff's counsel is to respond to Defendant's 12/30/2014 letter on or before 1/7/2015 (response not to exceed 3 pages). Parties are directed to adhere to the Court's Rules, including page limitations. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/30/2014) (mml) (Entered: 12/30/2014)
2014-12-30	26	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 10/17/2014 re: Counsel has difficulty complying with the prior schedule for the briefing of the opposition to the motion. ENDORSEMENT: The Court directs the following: Plaintiff's opposition is due Jan. 5th, 2015; Defendant's reply is due Jan. 20th, 2015. No further extensions. The parties must adhere to any page limitations set by the Court. SO ORDERED. (Responses due by 1/5/2015, Replies due by 1/20/2015.) (Signed by Judge Nelson Stephen Roman on 12/30/2014) (mml) (Entered: 12/30/2014)
2015-01-14	27	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from christopher Serbagi dated 1/12/2015 re: Counsel requests that the Court clarify which documents should be responded to. ENDORSEMENT: The Shaw Family Defendants' requests for an extension of time until Jan. 27, 2015 to serve replies to both motions and an extension of up to 15 pages in length of their Reply Memorandum in further support of their Motion to Dismiss are Granted. All motion documents shall be filed on Jan. 27, 2015. SO ORDERED. (Motions due by 1/27/2015.) (Signed by Judge Nelson Stephen Roman on 1/14/2015) (mml) (Entered: 01/15/2015)
2015-01-22	28	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi, dated 1/21/2015, re: Counsel for Defendants Sam Shaw, Inc., Meta Stevens, Edith Marcus, Melissa Stevens and David Marcus, Esq writes to request a two-week extension to submit its reply papers in support of its motion to dismiss and for sanctions. ENDORSEMENT: The Shaw Family's request for extension of time until Feb. 9, 2015 to submit reply papers in their motions to dismiss and for sanctions is Granted. All motion documents shall be filed on Feb. 9, 2015. No further extensions. SO ORDERED. (Motions due by 2/9/2015) (Signed by Judge Nelson Stephen Roman on 1/22/2015) (lnl) (Entered: 01/22/2015)
2015-04-07	29	0		ORDER granting (92) Letter Motion for Conference. Pre-Motion Conference scheduled for April 14, 2015 at 10:30 a.m. in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (McCarthy, Judith) (Entered: 04/07/2015)
2015-04-13	30	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 4/9/2015 re: Counsel requests permission to serve and to file a "sur-reply" to the reply papers on the pending motion to dismiss. ENDORSEMENT: The application is denied. The parties are further directed to refrain from sending any additional letters to the Court containing argument relating to any pending motions. Any such submission shall be disregarded by the Court as contrary to the Courts rules. (Signed by Judge Nelson Stephen Roman on 4/13/2015) (mml) (Entered: 04/14/2015)
2015-04-14	31	0		NOTICE OF APPEARANCE by Jonathan Robert Harwood on behalf of Gary Adelman. Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Harwood, Jonathan) (Entered: 04/14/2015)
2015-05-16	32	0		ORDER granting (102) Letter Motion for Extension of Time. The time to file amended pleadings and joinder of additional parties is extended to June 15, 2015. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (McCarthy, Judith) (Entered: 05/16/2015)
2015-05-18	33	0		NOTICE OF CHANGE OF ADDRESS by Joseph Herbert Adams on behalf of The Estate of Larry Shaw and Susan Shaw. New Address: Joseph H. Adams, Esq. P.C., 76 Burd Street, Nyack, New York, United States 10960, 8453532320. (Adams, Joseph) (Entered: 05/18/2015)
2015-05-18	34	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christopher Serbagi dated 5/15/2015 re: Defendants request that the Court consider Plaintiffs' Ex. D as Ex. 5 to the Declaration of David Marcus. ENDORSEMENT: The Court Grants Defendants request and will consider Plaintiffs' Ex. D as Ex. 5 to the Declaration of David Marcus. Oral argument is discretionary and the Court will schedule same if it believes oral argument is warranted. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/18/2015) (mml) (Entered: 05/19/2015)
2015-05-20	35	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 5/12/2015 re: This letter is a request to file a motion, and/or to proceed of right, to serve a set of added supplemental causes of action to the Estate's existing complaint. ENDORSEMENT: Application granted pursuant to this Court's Order of May 16, 2015. The parties' time to amend their respective pleadings as of right has been extended to June 15, 2015. Counsel may proceed according to the revised schedule. (Signed by Magistrate Judge Judith C. McCarthy on 5/20/2015) (rj) (Entered: 05/20/2015)
2015-06-03	36	0		LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams, Esq dated June 3, 2015 re: request to make motion to dismiss certain claims of the Shaw family defendants against Susan Shaw & the Estate of Larry Shaw. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 06/03/2015)
2015-06-12	37	0		MEMO ENDORSEMENT on re: (113 in 7:14-cv-03849-NSR-JCM) Letter, filed by The Estate of Larry Shaw, (36 in 7:14-cv-05653-NSR-JCM) Letter, filed by The Estate of Larry Shaw and Susan Shaw. ENDORSEMENT: Pre-motion Conference scheduled for June 24, 2015 at 10:30am. SO ORDERED. (Pre-motion Conference set for 6/24/2015 at 10:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 6/12/2015) (mml) (Entered: 06/15/2015)
2015-06-15	38	0		ANSWER to 12 Counterclaim., COUNTERCLAIM against All Plaintiffs. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 06/15/2015)
2015-06-15	39	0		FIRST AMENDED COMPLAINT amending 1 Complaint against The Estate of Larry Shaw and Susan Shaw, Jakob Shaw, Susan Shaw.Document filed by Meta Stevens, Melissa Stevens, David Marcus, Sam Shaw, Inc., Edith Marcus. Related document: 1 Complaint filed by Meta Stevens, Edith Marcus, Sam Shaw, Inc., David Marcus, Melissa Stevens. (Attachments: # 1 Verification of David Marcus, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Serbagi, Christopher) (Entered: 06/15/2015)
2015-06-15	40	0		REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The Estate of Larry Shaw, Jakob Shaw and Susan Shaw, re: 39 Amended Complaint,. Document filed by David Marcus, Edith Marcus, Sam Shaw, Inc., Melissa Stevens, Meta Stevens. (Serbagi, Christopher) (Entered: 06/15/2015)
2015-06-30	41	0		PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Judith C. McCarthy on 6/30/2015) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(lnl) (Entered: 07/01/2015)
2015-07-09	42	0		ANSWER to 39 Amended Complaint,., COUNTERCLAIM against All Plaintiffs. Document filed by The Estate of Larry Shaw and Susan Shaw. (Attachments: # 1 Exhibit Redacted IRS form 2553 dated August 1, 2007)(Adams, Joseph) (Entered: 07/09/2015)
2015-07-09	43	0		LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams, Esq dated July 9, 2015 re: Transmittal of Court's Courtesy Copy of Estate's Answer to Amended Complaint in Action No. 2. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 07/09/2015)
2015-07-20	44	0		ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams dated 7/20/2015 re: Counsel requests that the answer and reply dates be extended by one week only. ENDORSEMENT: The application is denied. (Signed by Judge Nelson Stephen Roman on 7/20/2015) (mml) (Main Document 44 replaced on 7/21/2015) (mml). (Entered: 07/21/2015)
2015-07-28	45	0		ORDER denying (125) Letter Motion to Adjourn Conference in case 7:14-cv-03849-NSR-JCM. The parties are expected to appear at the status conference previously scheduled for July 29, 2015 at 11:00 a.m. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (McCarthy, Judith) (Entered: 07/28/2015)
2015-07-28	46	0		MEMORANDUM ENDORSEMENT: The Court is in receipt of a letter from Joseph H. Adams dated July 28, 2015 related to the confidentiality of certain documents submitted in connection with motions pending before the Court. Insofar as this application is based upon the protective order signed by Magistrate Judge McCarthy (Docket No. 123), this matter is referred to Judge McCarthy for resolution. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/28/2015) (mml) (Entered: 07/29/2015)
2015-08-14	47	0		ORDER granting (138) Letter Motion for Extension of Time in case 7:14-cv-03849-NSR-JCM. The time for Defendants Sam Shaw, Inc., Meta Stevens, Edith Marcus, Melissa Stevens and David Marcus ("the Shaw Family") to respond to Plaintiffs' discovery demands and Plaintiffs' time to respond to Defendants Shaw Family's discovery demands is extended to October 1, 2015. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (McCarthy, Judith) (Entered: 08/14/2015)
2015-08-15	48	0		LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams, Esq dated August 14, 2015 re: Motion request conference. Document filed by The Estate of Larry Shaw and Susan Shaw. (Attachments: # 1 Exhibit A Summaries of four pleadings copied as exhibits, # 2 Exhibit B First complaint filed in Action No. 1 marked, # 3 Exhibit C First complaint filed in Action No. 2 marked, # 4 Exhibit D Answer of the Estate to first complaint in Action No. 1, # 5 Exhibit E to I: IRS subchapter S election form August 1, 2007; excerpts transcript from SFA Chapter 11 case January 28, 2014; excerpts Judge Kornreich decision January 14,2010; excerpts Judge Goodman decision January 13, 2006; excerpts transcript SFA Chapter 11 case December 5, 3013, # 6 Exhibit J Amended complaint in Action No. 2, # 7 Exhibit K Answer of the Estate to amended complaint in Action No. 2)(Adams, Joseph) (Entered: 08/15/2015)
2015-09-04	49	0		LETTER MOTION for Extension of Time of Discovery addressed to Magistrate Judge Judith C. McCarthy from Lisa L. Shrewsberry dated September 4, 2015. Document filed by Gary Adelman.Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Shrewsberry, Lisa) (Entered: 09/04/2015)
2015-09-04	50	0		LETTER RESPONSE to Motion addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 4, 2015 re: 49 LETTER MOTION for Extension of Time of Discovery addressed to Magistrate Judge Judith C. McCarthy from Lisa L. Shrewsberry dated September 4, 2015. requesting that certain issue relating to the motion be discussed by movant counsel prior to determination of the letter motion request. Document filed by The Estate of Larry Shaw and Susan Shaw. (Adams, Joseph) (Entered: 09/04/2015)
2015-09-10	51	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 10, 2015 re: Advise to Court that attorney conference to consult being scneduled re pending request to extend discovery deadline. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 09/10/2015)
2015-09-10	52	0		LETTER MOTION for Extension of Time in response to Mr. Adams' letter of today addressed to Magistrate Judge Judith C. McCarthy from Lisa L. Shrewsberry dated September 10, 2015. Document filed by Gary Adelman.Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Shrewsberry, Lisa) (Entered: 09/10/2015)
2015-09-11	53	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 11, 2015 re: Response to allegation of improper conduct or false representation to the Court by Counsel for Gary Adelman. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 09/11/2015)
2015-09-14	54	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 14, 2015 re: Advising Court of attorney conference to be held on Tuesday September 15 2015. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 09/14/2015)
2015-09-16	55	0		ORDER finding as moot (144) Letter Motion for Extension of Time; finding as moot (147) Letter Motion for Extension of Time in case 7:14-cv-03849-NSR-JCM; finding as moot (49) Letter Motion for Extension of Time; finding as moot (52) Letter Motion for Extension of Time in case 7:14-cv-05653-NSR-JCM. On Defendant Adelman's application for a motion to adjourn his and lead case plaintiffs' time to respond to each other's discovery demands, this application is granted. Defendant Adelman's and lead case plaintiffs' discovery responses to each other are extended from October 1, 2015 to November 1, 2015. Defendant Adelman's application to strike lead case plaintiffs' September 10, 2015 letter and renew his motion for an adjournment is denied as moot. The Clerk is respectfully requested to terminate the pending motions (14 Civ. 3849. Docket Nos. 144, 147): (14 Civ. 5653. Docket Nos. 49, 52). (Signed by Magistrate Judge Judith C. McCarthy on 9/16/2015) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (rj) (Entered: 09/17/2015)
2015-09-17	56	0		LETTER MOTION for Discovery Requesting by motion or motion to reconsider limited discovery pertinent to issues and potential motions in Action No. 2, independently of the extension of time granted for discovery in anticipation of a decision on the pending motion to dismiss in Action No. 1 addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 17, 2015. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 09/17/2015)
2015-09-22	57	0		LETTER REPLY to Response to Motion addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 22, 2015 re: 56 LETTER MOTION for Discovery Requesting by motion or motion to reconsider limited discovery pertinent to issues and potential motions in Action No. 2, independently of the extension of time granted for discovery in anticipation of a decision on the related case. This submission is made in opposition and response to the letter motion served and filed by Serbagi Law firm on September 18, 2015 but apparently not filed or submitted as a letter motion so that direct response to that letter motion cannot be filed. Document filed by The Estate of Larry Shaw and Susan Shaw. (Adams, Joseph) (Entered: 09/22/2015)
2015-09-22	58	0		OPINION AND ORDER re: (50 in 7:14-cv-03849-NSR-JCM) MOTION to Dismiss the Amended Complaint filed by Gary Adelman, (75 in 7:14-cv-03849-NSR-JCM) MOTION for Sanctions Pursuant to Rule 11 filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus, (71 in 7:14-cv-03849-NSR-JCM) MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint filed by David Marcus, Melissa Stevens, Meta Shaw Stevens, Sam Shaw Inc., Edie Shaw Marcus. For the foregoing reasons, Adelman's motion to dismiss is GRANTED in its entirety and all claims asserted in the Second Amended Complaint against Adelman are DISMISSED. Shaw Family Defendants' motion to dismiss is GRANTED with respect to claims 9, 12, 15, 19, and 20 and that much of claim 8 that relies on the theory that the 1998 Trust is invalid; the motion is DENIED in all other respects. Shaw Family Defendants' motion for Rule 11 sanctions is DENIED in its entirety. The Court respectfully directs the Clerk to terminate Adelman as a Defendant in this action, to amend the caption to reflect his removal, and to terminate the motions at ECF Nos. 50, 71, and 75. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/22/2015) (mml) (Entered: 09/23/2015)
2015-09-24	59	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated September 24, 2015 re: Letter from Christopher Serbagi Esq. requesting extension of discovery deadline to prevent limited timely production of discrete limited documents requested on pending application in Action No. 2 in consideration of recent decision of Judge Roman affirming most and dismissing certain claims in Action No. 1. Document filed by The Estate of Larry Shaw and Susan Shaw.(Adams, Joseph) (Entered: 09/24/2015)
2015-09-25	60	0		ORDER terminating (151) Letter Motion for Discovery; terminating (155) Letter Motion to Adjourn Conference; granting (155) Letter Motion for Extension of Time to Complete Discovery in case 7:14-cv-03849-NSR-JCM; terminating (56) Letter Motion for Discovery in case 7:14-cv-05653-NSR-JCM. In the first instance, the Court appreciates Mr. Serbagi's refraining of filing letters in both actions pursuant to Judge Romans order. (14 Civ. 3849, Docket No. 27 at 3); (14 Civ. 5653, Docket No. 10 at 3). Next, the Court grants lead case defendants'/related case plaintiffs' motion to extend the time by which they and their adversaries must respond to their respective discovery demands to November 1, 2015. The Court denies lead case plaintiffs'/related case defendants' motion to compel discovery. This motion is premature and failed to permit proper meet and confer obligations required by the Federal Rules of Civil Procedure and this Court's directives. The Court further denies the application to adjourn the status conference scheduled for October 1, 2015. At such conference, the remaining parties of Action 1 and Action 2, along with the Court. will discuss a revised Civil Case Discovery Plan and Scheduling Order based upon Judge Roman's recent decision. The parties shall review the contents of the Judge Roman Opinion, determine their respective discovery needs, and be prepared to discuss the same at the October 1, 2015 conference. The parties shall not file any letters to the Court regarding discovery disputes prior to the conference and will be better served by taking time to reflect on how discovery should progress for the duration of these actions. The Clerk is respectfully requested to terminate the pending motions (14 Civ. 3849, Docket Nos. 151, 155); (14 Civ. 5653. Docket No. 56). (Signed by Magistrate Judge Judith C. McCarthy on 9/24/2015) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (rj) (Entered: 09/28/2015)
2015-09-29	61	0		LETTER addressed to Judge Nelson Stephen Roman from Joseph H. Adams, Esq dated September 29, 2015 re: Notice of minor error in ECF endorsement text re September 22 2015 decision & order. Document filed by The Estate of Larry Shaw.Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Adams, Joseph) (Entered: 09/29/2015)
2015-10-02	62	0		REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The following Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): The case is not to be tried to a jury. Deposition due by 6/15/2016. Discovery due by 7/15/2016. Status Conference set for 11/24/2015 at 10:30 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 10/1/2015) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(rj) (Entered: 10/05/2015)
2015-11-18	63	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated November 18, 2015 re: In Response to Letter of Serbagi law firm dated November 16, 2015. Document filed by The Estate of Larry Shaw. (Attachments: # 1 Exhibit Letters of Serbagi firm to Adams Nov 2 & 9 2015, # 2 Exhibit Letter of Adams to Serbagi firm November 13, 2015, # 3 Exhibit Serbagi Rule 16 Initial Disclosures, # 4 Exhibit Serbagi Response to Interrogatories, # 5 Exhibit Serbagi Response to Document Demands, # 6 Exhibit Serbagi emails assembled & sent October 30, 2015)Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Adams, Joseph) (Entered: 11/18/2015)
2015-11-23	64	0		ORDER granting (168) Letter Motion to Adjourn Telephone Conference. The Telephone Conference scheduled for November 24, 2015 is adjourned to December 9, 2015 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. The parties are directed to "meet and confer" on the outstanding discovery issues prior to the December 9th conference. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM (McCarthy, Judith) (Entered: 11/23/2015)
2015-11-23	65	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated November 23, 2015 re: Letter transmitting Chambers Copy of November 18 letter identifying identifying future issues to be raised by the Estate of Larry Shaw & referenced correspondence. Document filed by The Estate of Larry Shaw and Susan Shaw.Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Adams, Joseph) (Entered: 11/23/2015)
2015-11-23	66	0		LETTER addressed to Magistrate Judge Judith C. McCarthy from Joseph H. Adams, Esq dated November 23, 2015 re: Letter to Magistrate McCarthy acknowledging receipt order based on ex parte application with comment on the accuracy of statements made in the letter requesting adjournment (to which there is no opposition). Document filed by The Estate of Larry Shaw. (Attachments: # 1 Exhibit ECF Filing for Nov 18 2015 letter with Exhibit list including Ex 2 the Letter dated Nov. 13, # 2 Exhibit Marked copy of Nov 13 letter requesting Early December Meet & Confer)Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(Adams, Joseph) (Entered: 11/23/2015)
2015-11-24	67	0		MEMO ENDORSEMENT on re: (65 in 7:14-cv-05653-NSR-JCM, 170 in 7:14-cv-03849-NSR-JCM) Letter, filed by The Estate of Larry Shaw and Susan Shaw. ENDORSEMENT: The parties are directed not file any more letters with the Court concerning the discovery disputes outlined in this letter until after they have "met and conferred" in good faith. (Signed by Magistrate Judge Judith C. McCarthy on 11/23/2015) Filed In Associated Cases: 7:14-cv-03849-NSR-JCM, 7:14-cv-05653-NSR-JCM(rj) (Entered: 11/24/2015)