Case docket: Digital Satellite, et al v. Ferchill, et al

Case details

Court:	nysd
Docket #:	1:03-cv-08803
Case Name:	Digital Satellite, et al v. Ferchill, et al
PACER case #:	55399
Date filed:	2003-11-06
Date terminated:	2004-08-10
Assigned to:	Judge Robert W. Sweet
Case Cause:	28:1441 Notice of Removal
Nature of Suit:	370 Fraud or Truth-In-Lending
Jury Demand:	Plaintiff
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Digital Satellite Lenders, LLC Plaintiff	Brian S. Fraser Spears & Imes LLP 51 Madison Avenue New York , NY 10010 212-530-1800 Fax: 212-530-1801 Email: bfraser@rkollp.com LEAD ATTORNEY Patricia C. O'Prey Richards, Spears, Kibbe & Orbe, L.L.P. One World Financial Center New York , NY 10281 (212) 530-1800 LEAD ATTORNEY
CRT Satellite Investors, LLC Plaintiff	Brian S. Fraser (See above for address) LEAD ATTORNEY Patricia C. O'Prey (See above for address) LEAD ATTORNEY
Cary Ferchill Defendant	Brian Rosner Three New York Plaza 14th Floor New York , NY 10004 (212) 785-2577 LEAD ATTORNEY Heather Jill Haase Law Office of Brian Rosner 3 New York Plaza, 14th Flr. New York , NY 10004 (212) 785-2577 LEAD ATTORNEY Natalie Ann Napierala Rosner & Napierala, LLP 26 Broadway 22nd Floor New York , NY 10004-1808 (212)785-2577 Fax: (212)785-5203 Email: nnapierala@rmnllp.com LEAD ATTORNEY Tiffany Elizabeth Cale Rosner & Napierala, LLP 26 Broadway 22nd Floor New York , NY 10004-1808 (212)-785-2577 Fax: (212)-785-5203 Email: tcale@rmnllp.com LEAD ATTORNEY
Michael Beck Defendant	Natalie Ann Napierala (See above for address) LEAD ATTORNEY Brian Rosner Three New York Plaza New York , NY 10004 (212) 785-2577 ATTORNEY TO BE NOTICED Heather Jill Haase (See above for address) ATTORNEY TO BE NOTICED Tiffany Elizabeth Cale (See above for address) ATTORNEY TO BE NOTICED
Chris Tyson Defendant	Brian Rosner (See above for address) LEAD ATTORNEY Heather Jill Haase (See above for address) LEAD ATTORNEY Natalie Ann Napierala (See above for address) LEAD ATTORNEY Tiffany Elizabeth Cale (See above for address) LEAD ATTORNEY

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2003-11-06	1	0		NOTICE OF REMOVAL from Supreme State Court, County of New York. State Court Case # 603143-03. FILING FEE $ 150.00 RECEIPT # 490741. (laq) (Entered: 11/07/2003)
2003-11-06	2	0		NOTICE of NOTICE of FILING of NOTICE of REMOVAL by Cary Ferchill, Michael Beck, Chris Tyson. (db) (Entered: 11/10/2003)
2003-11-17	3	0		STIPULATION and ORDER; answer due to complaint for 11/21/03 for Chris Tyson, for Cary Ferchill . ( signed by Judge Robert W. Sweet ) (jco) (Entered: 11/19/2003)
2003-11-21	4	0		ANSWER to Complaint by Chris Tyson (Attorney Tiffany Elizabeth Cale, Heather J. Haase, Natalie A. Napierala, Brian Rosner). (jco) (Entered: 11/22/2003)
2003-11-21	5	0		ANSWER to Complaint by Cary Ferchill (Attorney Tiffany Elizabeth Cale, Heather J. Haase, Natalie A. Napierala, Brian Rosner ). (jco) (Entered: 11/22/2003)
2003-12-08	6	0		RULE 7.1 DISCLOSURE STATEMENT. Document filed by CRT Satellite Investors, LLC, Digital Satellite Lenders, LLC. Received in the night deposit box on 12/8/03 at 6:55 P.M.(sac, ) (Entered: 12/15/2003)
2003-12-08	7	0		MOTION Mandatory Abstention from exercising jurisdiction over plaintiffs state complaint pursuant to 28 USC 1334(a)(1), or, in the alternative to Remand this action to the Supremem Court of the State of New York, County of New York pursuant to 28 USC 1452(b). Document filed by CRT Satellite Investors, LLC, Digital Satellite Lenders, LLC. Received in night deposit box on 12/8/03 at 6:54 p.m. (db, ) (Entered: 12/23/2003)
2003-12-08	8	0		MEMORANDUM OF LAW in Support re: 7 MOTION Mandatory Abstention from exercising jurisdiction over plaintiffs state complaint pursuant to 28 USC 1334(a)(1). MOTION to Remand. MOTION to Remand.. Document filed by CRT Satellite Investors, LLC, Digital Satellite Lenders, LLC. Received in night deposit box on 12/8/03 at 6:55 p.m. (db, ) (Entered: 12/23/2003)
2003-12-30	9	0		ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian Rosner dated 12/18/03 re: Counsel for the plaintiffs write to request that the hearing on plaintiffs' motion to remand be adjourned from 1/7/04 to 2/11/04. The briefing schedule agreed to between the parties is as follows: 1/9/04 defendaants' opposition to motion to abstain; Defendants' motion to dismiss, stay or transfer filed. 2/2/04 Plaintiffs' reply on motion to abstain; Plaintiffs' opposition to motion to dismiss, stay or transfer. 2/9/04 defendants' reply on motion to dismiss, stay or transfer. So Ordered. (Signed by Judge Robert W. Sweet on 12/23/03) (jco, ) (Entered: 01/15/2004)
2004-01-09	10	0		NOTICE OF CROSS-MOTION to Dismiss the Complaint for Lack of Personal Jurisdiction. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. Return Date set for 2/11/2004 12:00 PM before Judge Robert W. Sweet. (ps, ) (Entered: 01/21/2004)
2004-01-09	11	0		MOTION to Dismiss., MOTION to Stay., or MOTION to Transfer Case to The Western District of Texas. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. Return Date set for 2/11/2004 12:00 PM before Judge Robert W. Sweet. (ps, ) (Entered: 01/21/2004)
2004-01-09	12	0		AFFIDAVIT of Michael Beck in Support of Defendants' re: 10 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Michael Beck. (ps, ) (Entered: 01/21/2004)
2004-01-09	13	0		MEMORANDUM OF LAW in Support of Defendant Beck's re: 10 MOTION to Dismiss for Lack of Jurisdiction. MEMORANDUM OF LAW in Opposition to Plaintiffs' MOTION for Mandatory or permissive abstention or equitable remand. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. (ps, ) (Entered: 01/21/2004)
2004-01-09	14	0		MEMORANDUM OF LAW in Support of Defendants' re: 11 MOTION to Dismiss. MOTION to Stay. MOTION to Transfer Case.. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. (ps, ) (Entered: 01/21/2004)
2004-01-09	15	0		DECLARATION of Cary Ferchill in Support of Defendants' re: 11 MOTION to Dismiss. MOTION to Stay. MOTION to Transfer Case. DECLARATION of Cary Ferchill in Opposition to Plaintiffs' MOTION for Abstention or Remand. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. (ps, ) (Entered: 01/21/2004)
2004-01-09	16	0		DECLARATION of Joseph Martinec in Support re: 11 MOTION to Dismiss. MOTION to Stay. MOTION to Transfer Case. DELARATION of Joseph Martinec in Opposition to Plaintiffs' MOTION for Abstention or Remand. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. (ps, ) (Entered: 01/21/2004)
2004-01-09	17	0		AFFIDAVIT of Chris Tyson in Support of Defendants' re: 11 MOTION to Dismiss, MOTION to Stay or MOTION to Transfer Case and Affidavit of Chris Tyson in Opposition to Plaintiffs' MOTION for Abstention or Remand Document filed by Michael Beck, Cary Ferchill, Chris Tyson. (ps, ) (Entered: 01/22/2004)
2004-02-13	18	0		MEMORANDUM OF LAW in Support re: 7 MOTION Mandatory Abstention from exercising jurisdiction over plaintiffs state complaint pursuant to 28 USC 1334(a)(1). MOTION to Remand. MOTION to Remand. Document filed by CRT Satellite Investors, LLC, Digital Satellite Lenders, LLC. Received in night deposit box on 2/13/04 at 6:36 p.m. (db, ) (Entered: 02/18/2004)
2004-02-13	19	0		DECLARATION of Seth Plattus in Support re: 7 MOTION Mandatory Abstention from exercising jurisdiction over plaintiffs state complaint pursuant to 28 USC 1334(a)(1). MOTION to Remand. MOTION to Remand. Document filed by CRT Satellite Investors, LLC, Digital Satellite Lenders, LLC. Received in night deposit box on 2/13/04 at 6:37 p.m. (db, ) (Entered: 02/18/2004)
2004-02-13	20	0		DECLARATION of Patricia C. O'Prey in Support re: 7 MOTION Mandatory Abstention from exercising jurisdiction over plaintiffs state complaint pursuant to 28 USC 1334(a)(1). MOTION to Remand. MOTION to Remand. Document filed by CRT Satellite Investors, LLC, Digital Satellite Lenders, LLC. Received in night deposit box on 2/13/04 at 6:36 p.m. (db, ) (Entered: 02/18/2004)
2004-03-08	21	0		ENDORSED LETTER addressed to Judge Sweet from Brian Rosner dated 2/25/2004 re: extension of time to 3/8/2004 to file and serve reply brief. Application is granted. (Signed by Judge Robert W. Sweet on 3/3/04) (jsa, ) (Entered: 03/09/2004)
2004-03-08	22	0		REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss for Lack of Jurisdiction., 11 MOTION to Dismiss. MOTION to Stay. MOTION to Transfer Case.. Document filed by Michael Beck, Cary Ferchill, Chris Tyson. (db, ) (Entered: 03/11/2004)
2004-08-10	23	0		MEMORANDUM AND OPINION # 90467 For the reasons set forth in this opinion the claims against Beck are remanded to state court for further proceedings purs. to 28 USC 1447 and 1452(b) and the remaining claims are equitably remanded to state court for further proceedings purs. to 1452(b). Because subject matter jurisdiction is lacking with respect to the claims against Beck, his motion for dismissal for lack of personal jurisdiction will not be addressed, and because this court has declined to exercise jurisdiction over the remaining claims against Ferchill and Tyson, the dfts' motion to dismiss, stay or transfer will not be addressed. (Signed by Judge Robert W. Sweet on 8/6/04) (dle, ) (Entered: 08/13/2004)
2005-02-15	24	0		ENDORSED LETTER addressed to Judge Berman from Tom Dees dated 2/8/05: there is no stay. See order of 2/8/05. (Signed by Judge Richard M. Berman on 2/25/04) (cd, ) (Entered: 02/17/2005)