| Court: | nysd |
| Docket #: | 1:15-cv-09923 |
| Case Name: | Hoenig v. Dreambuilder Investments, LLC et al |
| PACER case #: | 451448 |
| Date filed: | 2015-12-21 |
| Date terminated: | 2016-08-15 |
| Assigned to: | Judge Jesse M. Furman |
| Referred to: | Magistrate Judge Sarah Netburn (Settlement) |
| Case Cause: | 15:78j(b)ss Stockholder Suit |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Ariel Hoenig Plaintiff |
Charles Michael Rowan , Jr. |
| Dreambuilder Investments, LLC Defendant |
Paul William Verner |
| DBI Group Holdings, LLC Defendant |
Paul William Verner |
| DBI Fund Holdings, LLC Defendant |
Paul William Verner |
| DBI Residential, LLC Defendant |
Paul William Verner |
| Peter Andrews Defendant |
Paul William Verner |
| Greg Palmer Defendant |
Paul William Verner |
| Elizabeth Eiss Defendant |
Paul William Verner |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-21 | 1 | 0 | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Ariel Hoenig. (Filing Fee $ 400.00, Receipt Number 0208-11760911)Document filed by Ariel Hoenig. (Attachments: # 1 Exhibit A through H, # 2 Exhibit I through U, # 3 Civil Cover Sheet)(Rowan, Charles) Modified on 12/22/2015 (pc). (Entered: 12/21/2015) | |||
| 2015-12-21 | 2 | 0 | COMPLAINT against Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. Document filed by Ariel Hoenig. (Attachments: # 1 Exhibit A through H, # 2 Exhibit I through U)(Rowan, Charles) (Entered: 12/21/2015) | 2016-01-05 21:21:52 | 145aa2d97a57d8074ebe38268af1e593457dd858 | |
| 2 | 1 | Exhibit A through H | ||||
| 2 | 2 | Exhibit I through U | ||||
| 2015-12-21 | 3 | 0 | CIVIL COVER SHEET filed. (Rowan, Charles) (Entered: 12/21/2015) | |||
| 2015-12-30 | 4 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DreamBuilder Investments, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 5 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DBI Group Holdings, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 6 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DBI Fund Holdings, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 7 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DBI Residential, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 8 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Peter Andrews, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 9 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Greg Palmer, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 10 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth Eiss, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 1/5/2016 (laq). (Entered: 12/30/2015) | |||
| 2015-12-30 | 11 | 0 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/7/2016 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 12/30/2015) (tn) (Entered: 12/30/2015) | |||
| 2016-01-05 | 12 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to DreamBuilder Investments, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 13 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to DBI Group Holdings, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 14 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to DBI Fund Holdings, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 15 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to DBI Residential, LLC, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 16 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Peter Andrews, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 17 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Greg Palmer, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 18 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth Eiss, re: 2 Complaint,. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 01/05/2016) | |||
| 2016-01-05 | 19 | 0 | ELECTRONIC SUMMONS ISSUED as to Dreambuilder Investments, LLC. (rch) (Entered: 01/05/2016) | |||
| 2016-01-05 | 20 | 0 | ELECTRONIC SUMMONS ISSUED as to DBI Group Holdings, LLC. (rch) (Entered: 01/05/2016) | |||
| 2016-01-05 | 21 | 0 | ELECTRONIC SUMMONS ISSUED as to DBI Fund Holdings, LLC. (rch) (Entered: 01/05/2016) | |||
| 2016-01-05 | 22 | 0 | ELECTRONIC SUMMONS ISSUED as to DBI Residential, LLC. (rch) (Entered: 01/05/2016) | |||
| 2016-01-05 | 23 | 0 | ELECTRONIC SUMMONS ISSUED as to Peter Andrews. (rch) (Entered: 01/05/2016) | |||
| 2016-01-05 | 24 | 0 | ELECTRONIC SUMMONS ISSUED as to Greg Palmer. (rch) (Entered: 01/05/2016) | |||
| 2016-01-05 | 25 | 0 | ELECTRONIC SUMMONS ISSUED as to Elizabeth Eiss. (rch) (Entered: 01/05/2016) | |||
| 2016-02-25 | 26 | 0 | AFFIDAVIT OF SERVICE. Peter Andrews served on 1/15/2016, answer due 2/5/2016. Service was accepted by Sharon Wedderburn, Corporate Administrator. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 27 | 0 | AFFIDAVIT OF SERVICE. Greg Palmer served on 1/27/2016, answer due 2/17/2016. Service was accepted by Sharon Wedderburn, Corporate Administrator. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 28 | 0 | AFFIDAVIT OF SERVICE. Elizabeth Eiss served on 1/15/2016, answer due 2/5/2016. Service was accepted by Elizabeth Eiss. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 29 | 0 | AFFIDAVIT OF SERVICE. DBI Residential, LLC served on 1/15/2016, answer due 2/5/2016. Service was accepted by Sharon Wedderburn, Corporate Administrator. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 30 | 0 | AFFIDAVIT OF SERVICE. DBI Fund Holdings, LLC served on 1/15/2016, answer due 2/5/2016. Service was accepted by Sharon Wedderburn, Corporate Administrator. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 31 | 0 | AFFIDAVIT OF SERVICE. DBI Group Holdings, LLC served on 1/15/2016, answer due 2/5/2016. Service was accepted by Sharon Wedderburn, Corporate Administrator. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 32 | 0 | AFFIDAVIT OF SERVICE. Dreambuilder Investments, LLC served on 1/15/2016, answer due 2/5/2016. Service was accepted by Sharon Wedderburn, Corporate Administrator. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/25/2016) | |||
| 2016-02-25 | 33 | 0 | CLERK'S CERTIFICATE OF DEFAULT as to Peter Andrews, Gregory Palmer, Elizabeth Eiss, Dreambuilder Investments, LLC, DBI Group Holdings, LLC, DBI Fund Holdings, LLC, and DBI Residential, LLC. (jk) (Entered: 02/25/2016) | |||
| 2016-02-26 | 34 | 0 | LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Michael Rowan, Esq. dated 02/26/2016. Document filed by Ariel Hoenig.(Rowan, Charles) (Entered: 02/26/2016) | |||
| 2016-02-26 | 35 | 0 | ORDER: that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (see http://nysd.uscourts.gov/judge/Furman), no later than two weeks from the date of this Order. Defendant shall file any opposition to the motion for default judgment no later than one week after that. If a motion for default judgment is filed, it is further ORDERED that Defendant show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on March 31, 2016, at 4:00 p.m., why an order should not be issued granting a default judgment against Defendant. The pretrial conference scheduled for March 7, 2016 is adjourned sine die. The Clerk of Court is directed to terminate Docket No. 34. (Show Cause Hearing set for 3/31/2016 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/26/2016) (tn) (Entered: 02/26/2016) | |||
| 2016-02-29 | 36 | 0 | CERTIFICATE OF SERVICE of Order of the Honorable Jesse M. Furman, U.S.D.J. dated 02/26/2016 served on All Defendants on 02/29/2016. Service was made by FedEx Overnight Mail. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 02/29/2016) | |||
| 2016-03-01 | 37 | 0 | MOTION for Default Judgment as to all Defendants. Document filed by Ariel Hoenig. Responses due by 3/8/2016 Return Date set for 3/31/2016 at 09:00 AM.(Rowan, Charles) (Entered: 03/01/2016) | |||
| 2016-03-01 | 38 | 0 | MEMORANDUM OF LAW in Support re: 37 MOTION for Default Judgment as to all Defendants. . Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/01/2016) | |||
| 2016-03-01 | 39 | 0 | DECLARATION of Michael Rowan, Esq. in Support re: 37 MOTION for Default Judgment as to all Defendants.. Document filed by Ariel Hoenig. (Attachments: # 1 Exhibit Filed Complaint (Part 1), # 2 Exhibit Filed Complaint (Part 2), # 3 Exhibit Filed Proofs of Service of Complaint, # 4 Exhibit Filed Clerk's Certificate of Default, # 5 Exhibit Damages Chart)(Rowan, Charles) (Entered: 03/01/2016) | |||
| 2016-03-01 | 40 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY/WRONG EVENT TYPE - DECLARATION of Service of Michael Rowan, Esq. in Support re: 37 MOTION for Default Judgment as to all Defendants. Document filed by Ariel Hoenig. (Rowan, Charles) Modified on 3/3/2016 (db). (Entered: 03/01/2016) | |||
| 2016-03-01 | 41 | 0 | NOTICE of Proposed Judgment of Default re: 37 MOTION for Default Judgment as to all Defendants.. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/01/2016) | |||
| 2016-03-03 | 42 | 0 | CERTIFICATE OF SERVICE of Motion for Default Judgment served on all Defendants on 03/01/2016. Service was made by Federal Express. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/03/2016) | |||
| 2016-03-07 | 43 | 0 | NOTICE OF APPEARANCE by Paul William Verner on behalf of Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. (Verner, Paul) (Entered: 03/07/2016) | |||
| 2016-03-07 | 44 | 0 | CONSENT LETTER addressed to Judge Jesse M. Furman from Paul W. Verner dated March 7, 2016 re: Stipulation Extending Time, Withdrawing Default Motion and Requesting Conference. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. (Attachments: # 1 Supplement Stipulation Extending Time and Withdrawing Default Motion)(Verner, Paul) (Entered: 03/07/2016) | |||
| 2016-03-07 | 45 | 0 | RESPONSE in Opposition to Motion re: 37 MOTION for Default Judgment as to all Defendants. Stipulation withdrawing Motion.. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. (Attachments: # 1 Supplement Letter to Judge Furman)(Verner, Paul) (Entered: 03/07/2016) | |||
| 2016-03-07 | 46 | 0 | ORDER denying 37 Motion for Default Judgment as withdrawn. Defendants shall file their answer no later than March 25, 2016. The parties shall appear for an initial pretrial conference on April 7, 2016, at 3:15 p.m. and shall submit their pre-conference materials, in accordance with the Notice of Initial Pretial Conference, by the Thursday prior to the conference. Finally, the parties shall immediately advise the Court in the event that they would like to be referred to either the assigned Magistrate Judge or the Court mediation program to facilitate their ongoing settlement discussions. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/07/2016) | |||
| 2016-03-10 | 47 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Donald A. Rea, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12053987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ariel Hoenig. (Attachments: # 1 Text of Proposed Order)(Rowan, Charles) Modified on 3/10/2016 (wb). (Entered: 03/10/2016) | |||
| 2016-03-10 | 48 | 0 | DECLARATION of Michael Rowan, Esq. in Support re: 47 MOTION for Donald A. Rea, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12053987. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/10/2016) | |||
| 2016-03-10 | 49 | 0 | CERTIFICATE OF SERVICE of Motion Pro Hac Vice for Donald A. Rea, Esq. served on All Defendants on 03/10/2016. Service was accepted by ECF to all attorneys in the record. Service was made by ECF. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/10/2016) | |||
| 2016-03-11 | 50 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Donald A. Rea, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ariel Hoenig. (Attachments: # 1 Text of Proposed Order)(Rowan, Charles) Modified on 3/11/2016 (bcu). (Entered: 03/11/2016) | |||
| 2016-03-11 | 51 | 0 | DECLARATION of Michael Rowan, Esq. in Support re: 50 MOTION for Donald A. Rea, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/11/2016) | |||
| 2016-03-11 | 52 | 0 | CERTIFICATE OF SERVICE of Motion Pro Hac Vice for Donald A. Rea, Esq. served on All Defendants on 03/11/2016. Service was accepted by ECF to all attorneys in the record. Service was made by ECF. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 03/11/2016) | |||
| 2016-03-11 | 53 | 0 | MOTION for Donald A. Rea, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ariel Hoenig. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Rowan, Charles) (Entered: 03/11/2016) | |||
| 2016-03-11 | 54 | 0 | LETTER addressed to Judge Jesse M. Furman from Michael Rowan, Esq. dated 03/11/2016 re: Court's Mediation Program. Document filed by Ariel Hoenig.(Rowan, Charles) (Entered: 03/11/2016) | |||
| 2016-03-13 | 55 | 0 | ORDER granting 53 Motion for Donald A. Rea, Esq. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/13/2016) | |||
| 2016-03-14 | 56 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. The parties are directed to contact the chambers of Magistrate Judge Netburn no later than March 21, 2016 to schedule a settlement conference. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Jesse M. Furman on 3/14/2016) (tn) (Entered: 03/14/2016) | |||
| 2016-03-16 | 57 | 0 | SETTLEMENT CONFERENCE ORDER: On Monday, March 14, 2016, the Honorable Jesse M. Furman referred this matter to my docket. In accordance with the March 14, 2016 order, the parties must contact Courtroom Deputy Joseph Mendieta at (212) 805-0286 no later than Monday, March 21, 2016, to schedule a settlement conference. (Signed by Magistrate Judge Sarah Netburn on 3/16/2016) (kko) (Entered: 03/16/2016) | |||
| 2016-03-24 | 58 | 0 | SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 5/16/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Monday, May 09, 2016. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Signed by Magistrate Judge Sarah Netburn on 3/24/2016) (kko) (Entered: 03/24/2016) | |||
| 2016-03-31 | 59 | 0 | CONSENT LETTER MOTION to Adjourn Conference set on 4/7/2016 addressed to Judge Jesse M. Furman from Paul W. Verner dated March 31, 2016., CONSENT LETTER MOTION for Extension of Time to move or answer the complaint addressed to Judge Jesse M. Furman from Paul W. Verner dated March 31, 2016. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer.(Verner, Paul) (Entered: 03/31/2016) | |||
| 2016-04-01 | 60 | 0 | ORDER granting 59 Letter Motion to Adjourn Conference; granting 59 Letter Motion for Extension of Time: SO ORDERED. The initial pretrial conference is hereby ADJOURNED to April 21, 2016, at 4:00 p.m. The Clerk of Court is directed to terminate Docket No. 59. (Initial Conference set for 4/21/2016 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/31/2016) (tn) (Entered: 04/01/2016) | |||
| 2016-04-06 | 61 | 0 | SECOND MOTION for Default Judgment as to all Defendants. Document filed by Ariel Hoenig. Responses due by 4/15/2016 Return Date set for 4/29/2016 at 09:00 AM.(Rowan, Charles) (Entered: 04/06/2016) | |||
| 2016-04-06 | 62 | 0 | DECLARATION of Donald A. Rea, Esq. in Support re: 61 SECOND MOTION for Default Judgment as to all Defendants.. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 04/06/2016) | |||
| 2016-04-06 | 63 | 0 | CERTIFICATE OF SERVICE of Renewed Motion for Default Judgment served on all Defendants on 4/06/2016. Service was made by ECF. Document filed by Ariel Hoenig. (Rowan, Charles) (Entered: 04/06/2016) | |||
| 2016-04-11 | 64 | 0 | RESPONSE in Opposition to Motion re: 61 SECOND MOTION for Default Judgment as to all Defendants. . Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. (Verner, Paul) (Entered: 04/11/2016) | |||
| 2016-04-13 | 65 | 0 | ORDER with respect to 61 Motion for Default Judgment: the Court is disinclined to enter a default judgment against Defendants. In any event, the parties should - as directed in the Notice of Initial Pretrial Conference (see Docket No. 11) - meet and confer on a proposed Case Management Plan and Scheduling Order (and file it, along with their joint letter by the Thursday prior to the initial pretrial conference), and Defendants should file their response to the Amended Complaint, as planned, by April 15, 2016. The parties should also advise the Court if the initial pretrial conference scheduled for April 21, 2016, should be adjourned until after the settlement conference before Magistrate Judge Netburn. The Court will address the default judgment motion at the initial pretrial conference. Plaintiff shall not file any reply absent leave of Court. (Signed by Judge Jesse M. Furman on 4/13/2016) (tn) (Entered: 04/13/2016) | |||
| 2016-04-14 | 66 | 0 | LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Michael Rowan, Esq. dated 04/13/2016. Document filed by Ariel Hoenig.(Rowan, Charles) (Entered: 04/14/2016) | 2016-04-15 08:04:25 | 7e6b3f8e94fb44533f60cfbc4e7b135286dc4e3e | |
| 2016-04-14 | 67 | 0 | ORDER granting 66 Letter Motion to Adjourn Conference. The initial pretrial conference is ADJOURNED to 5/23/2016 at 02:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/14/2016) | |||
| 2016-04-15 | 68 | 0 | MOTION to Dismiss Plaintiff's Complaint. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. Responses due by 4/29/2016(Verner, Paul) (Entered: 04/15/2016) | |||
| 2016-04-15 | 69 | 0 | MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer. (Verner, Paul) (Entered: 04/15/2016) | |||
| 2016-04-18 | 70 | 0 | ORDER: that Plaintiff shall file any amended complaint by May 6, 2016. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by May 6, 2016. Defendants' reply, if any, shall be served by May 13, 2016. (Amended Pleadings due by 5/6/2016.) (Signed by Judge Jesse M. Furman on 4/18/2016) (tn) (Entered: 04/18/2016) | |||
| 2016-05-06 | 71 | 0 | MEMORANDUM OF LAW in Opposition re: 68 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Ariel Hoenig. (Attachments: # 1 Text of Proposed Order)(Rowan, Charles) (Entered: 05/06/2016) | |||
| 2016-05-09 | 72 | 0 | REVISED SCHEDULING ORDER: In light of the pending Motion to Dismiss (Docket No. 68), the conference in this matter, previously scheduled for May 23, 2016, at 2:30 p.m., is adjourned sine die. (Signed by Judge Jesse M. Furman on 5/9/2016) (tn) (Entered: 05/09/2016) | 2016-08-25 15:11:19 | 539c987d3ed0bdf49e93dd0f8c6445dd4c08cef8 | |
| 2016-05-13 | 73 | 0 | CONSENT LETTER MOTION to Adjourn Conference for Settlement addressed to Magistrate Judge Sarah Netburn from Paul W. Verner dated May 13, 2016. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer.(Verner, Paul) (Entered: 05/13/2016) | |||
| 2016-05-13 | 74 | 0 | ORDER granting 73 Letter Motion to Adjourn Conference. At the parties' joint request, the settlement conference previously scheduled for May 16, 2016, is RESCHEDULED for June 13, 2016 at 10:00 a.m. Ex parte letters shall be filed by June 6, 2016. In requesting that the Court reschedule this settlement conference while there is a pending motion to dismiss, the Court assumes that the parties will appear in good faith to settle these claims. If, however, the parties believe such conference should await a decision on the motion to dismiss, they should notify the Court and the June 13 conference will be adjourned pending a decision on the motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 05/13/2016) | |||
| 2016-06-10 | 75 | 0 | JOINT LETTER MOTION to Adjourn Conference for Settlement addressed to Magistrate Judge Sarah Netburn from Paul W. Verner dated June 10, 2016. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer.(Verner, Paul) (Entered: 06/10/2016) | |||
| 2016-06-10 | 76 | 0 | ORDER granting 75 Letter Motion to Adjourn Conference. The parties' joint request to adjourn the June 13, 2016 settlement conference is GRANTED. The parties are directed to file a status letter by Monday, June 27, 2016, indicating whether they wish to reschedule the settlement conference. (Signed by Magistrate Judge Sarah Netburn on 6/10/2016) (mro) (Entered: 06/13/2016) | |||
| 2016-06-27 | 77 | 0 | STATUS REPORT. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer.(Verner, Paul) (Entered: 06/27/2016) | |||
| 2016-06-28 | 78 | 0 | ORDER OF DISMISSAL: that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to terminate all motions and close the case. (Signed by Judge Jesse M. Furman on 6/28/2016) (tn) (Entered: 06/28/2016) | |||
| 2016-07-28 | 79 | 0 | LETTER addressed to Judge Jesse M. Furman from Donald A. Rea, Esq. dated 07/28/2016 re: letter in regard to settlement agreement. Document filed by Ariel Hoenig.(Rowan, Charles) (Entered: 07/28/2016) | |||
| 2016-07-28 | 80 | 0 | MEMO ENDORSEMENT on re: 79 Letter filed by Ariel Hoenig. ENDORSEMENT: The deadline to reopen is hereby extended by two weeks. Counsel is reminded that, per the Court's Individual Practices and the S.D.N.Y. ECF Rules and Instructions, requests for relief must be made by letter-motion filed on ECF, not ordinary letter. (Signed by Judge Alvin K. Hellerstein on 7/28/2016) (tn) (Entered: 07/28/2016) | |||
| 2016-08-11 | 81 | 0 | LETTER MOTION to Reopen Case addressed to Judge Jesse M. Furman from Donald A. Rea, Esq. dated 08/11/2016. Document filed by Ariel Hoenig.(Rowan, Charles) (Entered: 08/11/2016) | |||
| 2016-08-12 | 82 | 0 | ORDER granting 81 Letter Motion to Reopen Case: Application GRANTED. The parties shall appear for a conference to discuss a new schedule on August 16, 2016, at 2:30 p.m. The Clerk of Court is directed to reopen the case and to terminate Docket No. 81. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/11/2016) (tn) (Entered: 08/12/2016) | |||
| 2016-08-15 | 83 | 0 | CONSENT LETTER MOTION to Adjourn Conference as Moot and without date addressed to Judge Jesse M. Furman from Paul W. Verner dated August 15, 2016. Document filed by Peter Andrews, DBI Fund Holdings, LLC, DBI Group Holdings, LLC, DBI Residential, LLC, Dreambuilder Investments, LLC, Elizabeth Eiss, Greg Palmer.(Verner, Paul) (Entered: 08/15/2016) | |||
| 2016-08-15 | 84 | 0 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Peter Andrews, DBI Group Holdings, LLC, Greg Palmer, Dreambuilder Investments, LLC, Elizabeth Eiss, DBI Fund Holdings, LLC, DBI Residential, LLC.(Verner, Paul) (Entered: 08/15/2016) | |||
| 2016-08-15 | 85 | 0 | STIPULATION OF DISCONTINUANCE: that the above entitled action, including all claims and counterclaims, be, and the same hereby is, discontinued with prejudice and without costs to any party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. (Signed by Judge Jesse M. Furman on 8/15/2016) (tn) (Entered: 08/15/2016) |