| Date Filed | Doc # | Docket Text |
|
| 2012-06-21 | 1 | COMPLAINT against Board of Governors of the Federal Reserve System, Federal Reserve Bank of New York. (Filing Fee $ 350.00, Receipt Number 1041698)Document filed by Bernard Gelb.(jfe) (Entered: 06/26/2012) |
| 2012-06-21 | | SUMMONS ISSUED as to Board of Governors of the Federal Reserve System, Federal Reserve Bank of New York. (jfe) (Entered: 06/26/2012) |
| 2012-06-21 | | Magistrate Judge Andrew J. Peck is so designated. (jfe) (Entered: 06/26/2012) |
| 2012-06-21 | | Case Designated ECF. (jfe) (Entered: 06/26/2012) |
| 2012-06-26 | | ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Paul Amandio Batista for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (jfe) (Entered: 06/26/2012) |
| 2012-07-06 | 2 | 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 Andrew J. Peck. (Signed by Judge Andrew L. Carter, Jr on 7/6/2012) (pl) (Entered: 07/09/2012) |
| 2012-08-07 | 3 | ENDORSED LETTER: addressed to Judge Andrew L. Carter from Federal Reserve Bank of New York dated 8/6/2012 re: Counsel for defendant requests an extension of time for the filing of the response to the Complaint in this matter until September 21, 2012. ENDORSEMENT: So Ordered. Federal Reserve Bank of New York answer due 9/21/2012. (Signed by Judge Andrew L. Carter, Jr on 8/7/2012) (js) Modified on 8/29/2012 (mt). (Entered: 08/07/2012) |
| 2012-09-20 | 4 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - PROPOSED MOTION for Conference. Document filed by Federal Reserve Bank of New York.(Gross, David) Modified on 9/21/2012 (ldi). (Entered: 09/20/2012) |
| 2012-09-20 | | ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 4 HAS BEEN REJECTED. Note to Attorney David Lawrence Gross : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) (Entered: 09/21/2012) |
| 2012-09-25 | 5 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David L. Gross dated 9/20/2012 re: I write to request a pre-motion conference. ENDORSEMENT: A pre-motion conference is scheduled for 10/12/12 at 10:45 a.m., ( Pre-Motion Conference set for 10/12/2012 at 10:45 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 9/25/2012) (lmb) (Entered: 09/25/2012) |
| 2012-10-02 | 6 | AFFIDAVIT OF SERVICE of Summons and Complaint. Board of Governors of the Federal Reserve System served on 9/21/2012, answer due 10/12/2012. Service was accepted by Juanetta Price. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 10/02/2012) |
| 2012-10-12 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 10/12/2012, Paul Batista for Plaintiff(s). David Gross for Defendant(s). The briefing schedule for the discussed motion to dismiss is as follows: ( Motions due by 11/13/2012., Responses due by 12/12/2012, Replies due by 12/26/2012., Status Conference set for 2/25/2013 at 10:00 AM before Judge Andrew L. Carter Jr..). (pl) (Entered: 10/19/2012) |
| 2012-10-23 | 7 | TRANSCRIPT of Proceedings re: CONFERENCE held on 10/12/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Bridget Lombardozzi, (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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti) (Entered: 10/23/2012) |
| 2012-10-23 | 8 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/12/12 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...(Moya, Goretti) (Entered: 10/23/2012) |
| 2012-11-05 | 9 | ORDER: Defendant Board of Governors of the Federal Reserve System should file and serve their proposed motion to dismiss for insufficient service of process on the United States by November 13, 2012. Plaintiff should respond by December 12, 2012. Defendant Board of Governors of the Federal Reserve System should reply by December 26, 2012. A status conference has been set for February 25, 2013 at 10:00 a.m.( Motions due by 11/13/2012, Responses due by 12/12/2012, Replies due by 12/26/2012.) (Signed by Judge Andrew L. Carter, Jr on 11/5/2012) (ja) (Entered: 11/07/2012) |
| 2012-11-08 | 10 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David L. Gross dated 11/7/12 re: Counsel for the defendant writes to request an extension of time for the filing of the motion to dismiss. ENDORSEMENT: New deadlines for defendants FRBNY and Board of Governors of the Federal Reserve System: Motions to dismiss due 11/27/12. Plaintiffs' response due 12/26/12. Defendants' reply due 1/9/13. Status conference rescheduled to 3/5/13 at 10 a.m. So ordered. ( Motions due by 11/27/2012., Responses due by 12/26/2012, Replies due by 1/9/2013., Status Conference set for 3/5/2013 at 10:00 AM before Judge Andrew L. Carter Jr. ) (Signed by Judge Andrew L. Carter, Jr on 11/8/2012) (mro) (Entered: 11/08/2012) |
| 2012-11-20 | 11 | CERTIFICATE OF SERVICE of Summons and Complaint. Board of Governors of the Federal Reserve System served on 11/9/2012, answer due 11/30/2012. Service was made by MAIL. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 11/20/2012) |
| 2012-11-20 | 12 | CERTIFICATE OF SERVICE of Summons and Complaint. Board of Governors of the Federal Reserve System served on 9/21/2012, answer due 11/30/2012. Service was accepted by Juanetta Price. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 11/20/2012) |
| 2012-11-26 | 13 | MOTION to Dismiss for Insufficient Service of Process . Document filed by Board of Governors of the Federal Reserve System. Responses due by 12/26/2012(Mizusawa, Yvonne) (Entered: 11/26/2012) |
| 2012-11-26 | 14 | MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss for Insufficient Service of Process .. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 11/26/2012) |
| 2012-11-26 | 15 | DECLARATION of Yvonne F. Mizusawa in Support re: 13 MOTION to Dismiss for Insufficient Service of Process .. Document filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Exhibit A)(Mizusawa, Yvonne) (Entered: 11/26/2012) |
| 2012-11-27 | 16 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 11/27/2012) |
| 2012-11-27 | 17 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by Federal Reserve Bank of New York. Responses due by 12/26/2012 Return Date set for 3/5/2013 at 10:00 AM. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Gross, David) Modified on 11/28/2012 (ldi). (Entered: 11/27/2012) |
| 2012-11-27 | 18 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 17 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) Modified on 11/28/2012 (ldi). (Entered: 11/27/2012) |
| 2012-11-27 | 19 | RULE 56.1 STATEMENT. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 11/27/2012) |
| 2012-11-27 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Lawrence Gross to RE-FILE Document 17 MOTION for Summary Judgment. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 11/28/2012) |
| 2012-11-27 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Lawrence Gross to RE-FILE Document 18 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi) (Entered: 11/28/2012) |
| 2012-11-28 | 20 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Held in Support re: 17 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) Modified on 11/28/2012 (ldi). (Entered: 11/28/2012) |
| 2012-11-28 | 21 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gail Armendinger in Support re: 17 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) Modified on 11/28/2012 (ldi). (Entered: 11/28/2012) |
| 2012-11-28 | 22 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Timothy Fogarty in Support re: 17 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) Modified on 11/28/2012 (ldi). (Entered: 11/28/2012) |
| 2012-11-28 | 23 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 17 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) Modified on 11/28/2012 (ldi). (Entered: 11/28/2012) |
| 2012-11-28 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Lawrence Gross to RE-FILE Document 20 Declaration in Support of Motion, 21 Declaration in Support of Motion, 22 Declaration in Support of Motion, 23 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error. NOTE: Re-File the Motion first, then re-file and link supporting documents. (ldi) (Entered: 11/28/2012) |
| 2012-11-28 | 24 | MOTION for Summary Judgment. Document filed by Federal Reserve Bank of New York. Responses due by 12/26/2012 Return Date set for 3/5/2013 at 10:00 AM.(Gross, David) (Entered: 11/28/2012) |
| 2012-11-28 | 25 | MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 11/28/2012) |
| 2012-11-28 | 26 | DECLARATION of Michael Held in Support re: 24 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 11/28/2012) |
| 2012-11-28 | 27 | DECLARATION of Gail Armendinger in Support re: 24 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 11/28/2012) |
| 2012-11-28 | 28 | DECLARATION of Timothy Fogarty in Support re: 24 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 11/28/2012) |
| 2012-12-19 | 29 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 12/18/2012 re: Plaintiff's counsel writes to request a pre-motion conference regarding plaintiffs intention to file a motion to stay proceedings with respect to defendant's motion for summary judgment pending discovery pursuant to Fed. R. Civ. P. 56(d). ENDORSEMENT: The current briefing schedule deadlines are stayed. A pre-motion conference is scheduled for 1/18/13 at 11:30 a.m. So Ordered., ( Pre-Motion Conference set for 1/18/2013 at 11:30 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 12/19/2012) (ago) (Entered: 12/19/2012) |
| 2013-01-09 | 30 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Yvonne F. Mizusawa dated 1/9/2013 re: counsel for Defendant Board respectfully requests that it be excused from attending the pre-motion conference scheduled for January 18, 2013 at 11:30 a.m. ENDORSEMENT: The application is granted. (Signed by Judge Robert L. Carter on 1/9/2013) (pl) Modified on 1/11/2013 (pl). (Entered: 01/10/2013) |
| 2013-01-10 | 31 | MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss for Insufficient Service of Process .. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 01/10/2013) |
| 2013-01-10 | 32 | DECLARATION of Bernard Gelb in Opposition re: 13 MOTION to Dismiss for Insufficient Service of Process .. Document filed by Bernard Gelb. (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)(Batista, Paul) (Entered: 01/10/2013) |
| 2013-01-18 | 33 | REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss for Insufficient Service of Process .. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 01/18/2013) |
| 2013-01-18 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 1/18/2013. Paul Batista for Plaintiff(s). David Gross for Defendant(s). Limited discovery should be conducted to probe into the veracity of the statements. Joint status report due on 2/22/13 regarding the status of the deposition. Court Reporter: Rose Prater. (lmb) (Entered: 01/30/2013) |
| 2013-02-21 | 34 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 2/21/2013 re: Request to extend time from 2/22 to 3/25/2013 for deadline to submit status report. ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr on 2/21/2013) (cd) (Entered: 02/21/2013) |
| 2013-02-27 | 35 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Gross dated 2/27/2013 re: Counsel requests that the scheduling of the status conference that is currently scheduled for March 5, 2013 be rescheduled to either March 19 or March 20, 2013. ENDORSEMENT: The Court is not available on the requested dates. The status conference is adjourned to 4/5/13 at 3:00 p.m. (Signed by Judge Andrew L. Carter, Jr on 2/27/2013) (djc) Modified on 2/28/2013 (djc). Modified on 3/1/2013 (djc). (Entered: 02/28/2013) |
| 2013-02-27 | | Set/Reset Hearings: Status Conference set for 4/5/2013 at 03:00 PM before Judge Andrew L. Carter Jr. (djc) (Entered: 02/28/2013) |
| 2013-03-12 | 36 | ENDORSED LETTER: addressed to Judge Andrew L. Carter from David Gross dated 3/4/2013 re: Counsel writes Last Wednesday. in response to a request from the parties, Your Honor adjourned our status conference from March S, 2013 to April 5, 2013. Unfortunately, I am going to be out of the country at a conference that day, and then away for the following week as well. Counsel write to respectfully request a rescheduling of this court date. ENDORSEMENT: The status conference is adjourned to 4/24/2013 at 10:00 a.m. So Ordered. ( Status Conference set for 4/24/2013 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/11/2013) (js) (Entered: 03/12/2013) |
| 2013-03-14 | 37 | ENDORSED LETTER: addressed to Judge Andrew L. Carter from Paul Batista dated 3/13/2013 re: On behalf of plaintiff Bernard Gelb, I conducted the deposition of Michael Held, an employee of the Federal Reserve Bank of New York, on March 5, 2013. There were significant issues as to which Mr. Held lacked any knowledge. For example, other persons at the Bank conducted the actual search, if in fact there was an actual search, in response to plaintiff's Freedom of Information Act requests.. ENDORSEMENT: Joint Status report due May 1, 2013. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 3/14/2013) (js) (Entered: 03/14/2013) |
| 2013-04-05 | 38 | TRANSCRIPT of Proceedings re: CONFERENCE held on 1/18/2013 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rose Prater, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/11/2013.(Rodriguez, Somari) (Entered: 04/05/2013) |
| 2013-04-05 | 39 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/18/13 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...(Rodriguez, Somari) (Entered: 04/05/2013) |
| 2013-04-17 | 40 | ENDORSED LETTER: addressed to Judge Andrew L. Carter Jr. from Paul Batista dated 4/16/2013 re: Counsel writes to request an adjournment of the conference scheduled for April 24, 2013 to a date to be determined, preferably in May 2013. ENDORSEMENT: request granted. The Status conference is adjourned to 5/14/2013 at 2:00 p.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 4/17/2013) (js) (Entered: 04/17/2013) |
| 2013-05-14 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 5/14/2013. Paul Batista for Plaintiff(s). David Gross for Defendant Federal Reserve Bank of New York and Yvonne Mizusawa for Defendant Board of Governors of the Federal Reserve System. Plaintiff's request to depose Gail Armendinger is GRANTED. Deposition time limit 2 hours. Joint Status Report due by 6/13/2013. Court Reporter: Tom Murray. (tdh) (Entered: 05/15/2013) |
| 2013-06-13 | 41 | STATUS REPORT. Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 06/13/2013) |
| 2013-07-10 | 42 | ORDER denying 24 Motion for Summary Judgment. Accordingly, Defendant's motion for summary judgment is denied. Defendant should comply with the Court's Individual Practices. The Clerk of Court is directed to close Doc. No. 24. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 7/10/2013) (js) Modified on 7/12/2013 (js). (Entered: 07/10/2013) |
| 2013-07-19 | 43 | ORDER: granting 13 Motion to Dismiss. Accordingly, the Defendant's motion to dismiss this case for insufficient service of process is granted. For the reasons set forth herein, the Board is dismissed without prejudice. The Clerk of Court is directed to close Doc. No. 13. (Signed by Judge Andrew L. Carter, Jr on 7/16/2013) (djc) (Entered: 07/19/2013) |
| 2013-10-16 | 44 | ORDER SETTING CONFERENCE: The Court will hold a status conference in this action on October 23, 2013 at 11:00 a.m. The parties should appear in person at the Thurgood Marshall United States Courthouse, 40 Foley Square, in Courtroom 1306 on the date and time specified above. So Ordered( Status Conference set for 10/23/2013 at 11:00 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 10/16/2013) (js) (Entered: 10/16/2013) |
| 2013-10-23 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 10/23/2013. Paul Batista for Plaintiff. David Gross for Defendant FRBNY. The deposition of Gail Armendinger should be conducted by 11/13/13. Joint Status Report confirming Ms. Armendingers' deposition due 11/20/13. The briefing schedule for Defendant's motion for summary judgment: Motion due by 12/20/13, Opposition due 1/20/14 and Reply, if any, due by 2/3/14. Court Reporter: Denise Richards. (tdh) (Entered: 10/23/2013) |
| 2013-11-20 | 45 | STATUS REPORT. Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 11/20/2013) |
| 2013-12-02 | 46 | ORDER: By letter dated November 20, 2013, Plaintiff Bernard Gelb ("Plaintiff") has requested a pre-motion conference for a motion to compel the production of documents by Defendant Federal Reserve Bank of New York ("Defendant"). In its letter dated November 25, 2013, Defendant opposes Plaintiff's request. In light of Defendant's forthcoming motion for summary judgment, Plaintiff's request to file a motion to compel the production of documents is DENIED without prejudice. (Signed by Judge Andrew L. Carter, Jr on 12/2/2013) (ja) (Entered: 12/03/2013) |
| 2013-12-13 | 47 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Gross dated 12/11/2013 re: I respectfully request an extension until January 7, 2014, for the Motion for Summary Judgment to be submitted. In keeping with Your Honor's original timetable, Plaintiff's Opposition would then be due on February 7, 2014, and the New York Fed's Reply would be due on February 21, 2014. ENDORSEMENT: So ordered., ( Motions due by 1/7/2014., Responses due by 2/7/2014., Replies due by 2/21/2014.) (Signed by Judge Andrew L. Carter, Jr on 12/13/2013) (lmb) (Entered: 12/13/2013) |
| 2014-01-07 | 48 | MOTION for Summary Judgment. Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 01/07/2014) |
| 2014-01-07 | 49 | MEMORANDUM OF LAW in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 01/07/2014) |
| 2014-01-07 | 50 | DECLARATION of David Gross in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gross, David) (Entered: 01/07/2014) |
| 2014-01-07 | 51 | DECLARATION of Michael Held in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 01/07/2014) |
| 2014-01-07 | 52 | DECLARATION of Gail Armendinger in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 01/07/2014) |
| 2014-01-07 | 53 | DECLARATION of Timothy Fogarty in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 01/07/2014) |
| 2014-01-07 | 54 | RULE 56.1 STATEMENT. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 01/07/2014) |
| 2014-02-06 | 55 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr from Paul Batista dated 2/5/14 re: Counsel writes to request an extension from 2/7/14 to 3/4/14 for plaintiff to serve and file papers in opposition to defendant's motion for summary judgment and an extension from 2/21/14 to 3/21/14 for defendants to serve and file its reply papers. ENDORSEMENT: So ordered. (Signed by Judge Andrew L. Carter, Jr on 2/6/2014) (mro) Modified on 2/6/2014 (mro). (Entered: 02/06/2014) |
| 2014-03-11 | 56 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 3/10/2014 re: Requesting that Your Honor accept a final version of the briefing schedule on defendant's motion for summary judgment. ENDORSEMENT: SO ORDERED., ( Responses due by 3/14/2014, Replies due by 4/4/2014.) (Signed by Judge Andrew L. Carter, Jr on 3/11/2014) (ama) (Entered: 03/11/2014) |
| 2014-03-14 | 57 | CROSS MOTION for Discovery. Document filed by Bernard Gelb.(Batista, Paul) (Entered: 03/14/2014) |
| 2014-03-14 | 58 | DECLARATION of Bernard Gelb in Opposition re: 48 MOTION for Summary Judgment.. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Batista, Paul) (Entered: 03/14/2014) |
| 2014-03-14 | 59 | DECLARATION of Paul Batista in Opposition re: 48 MOTION for Summary Judgment.. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Batista, Paul) (Entered: 03/14/2014) |
| 2014-03-17 | 60 | MEMORANDUM OF LAW in Opposition re: 48 MOTION for Summary Judgment.. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 03/17/2014) |
| 2014-03-18 | 61 | RESPONSE re: 54 Rule 56.1 Statement. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 03/18/2014) |
| 2014-04-04 | 62 | REPLY MEMORANDUM OF LAW in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 04/04/2014) |
| 2014-04-04 | 63 | DECLARATION of David Gross in Support re: 48 MOTION for Summary Judgment.. Document filed by Federal Reserve Bank of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gross, David) (Entered: 04/04/2014) |
| 2014-09-05 | 64 | OPINION AND ORDER re: 57 CROSS MOTION for Discovery filed by Bernard Gelb, 48 MOTION for Summary Judgment filed by Federal Reserve Bank of New York. For the reasons set forth within, Defendant's Motion for Summary Judgment (ECF No. 48) is DENIED without prejudice. Plaintiff's Cross-Motion for Discovery (ECF No. 57) is DENIED. Defendant should inform the Court via letter by October 1, 2014, whether it will renew its motion for summary judgment, and propose a briefing schedule jointly with Plaintiff. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/5/2014) (ajs) (Entered: 09/05/2014) |
| 2014-10-03 | 65 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Gross dated 10/1/2014 re: Pursuant to the Court's Opinion and Order of September 5, 2014, the Federal Reserve Bank of New York states that it will renew its motion for summary judgment. Plaintiff and Defendant jointly propose the following briefing schedule: Defendant's motion for summary judgment by October 31, 2014; Plaintiff's response by December 1, 2014; and Defendant's reply by December 31, 2014. ENDORSEMENT: Parties' jointly proposed briefing schedule request is hereby granted. So ordered. (Motions due by 10/31/2014. Responses due by 12/1/2014. Replies due by 12/31/2014.) (Signed by Judge Andrew L. Carter, Jr on 10/3/2014) (rjm) Modified on 10/21/2014 (rjm). (Entered: 10/06/2014) |
| 2014-10-31 | 66 | MOTION for Summary Judgment . Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 10/31/2014) |
| 2014-10-31 | 67 | MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment . . Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 10/31/2014) |
| 2014-10-31 | 68 | DECLARATION of David Gross in Support re: 66 MOTION for Summary Judgment .. Document filed by Federal Reserve Bank of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gross, David) (Entered: 10/31/2014) |
| 2014-10-31 | 69 | DECLARATION of Michael Held in Support re: 66 MOTION for Summary Judgment .. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 10/31/2014) |
| 2014-10-31 | 70 | DECLARATION of Gail Armendinger in Support re: 66 MOTION for Summary Judgment .. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 10/31/2014) |
| 2014-10-31 | 71 | DECLARATION of Timothy Fogarty in Support re: 66 MOTION for Summary Judgment .. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 10/31/2014) |
| 2014-10-31 | 72 | RULE 56.1 STATEMENT. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 10/31/2014) |
| 2014-12-10 | 73 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 12/9/2014 re: I represent plaintiff Bernard Gelb in the above-entitled action. I write to request, with the consent of defendant, a brief adjournment of the date by which my client's responsive opposition papers are to be filed and served in connection with Mr. Gelb's opposition to defendant FRBNY's third motion for summary judgment, which was filed on October 3, 2014. ENDORSEMENT: Parties' request for an extension of time to respond and reply is hereby GRANTED. Plaintiff's opposition to Defendant's Motion for Summary Judgment is now due December 28, 2014. Defendant's reply is now due January 30, 2015. ( Responses due by 12/28/2014, Replies due by 1/30/2015.) (Signed by Judge Andrew L. Carter, Jr on 12/10/2014) (djc) (Entered: 12/10/2014) |
| 2015-01-13 | 74 | ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 1/9/2015 re: I write to request, with the consent of defendant, a brief adjournment of the date by which my client's responsive opposition papers are to be filed and served in connection with Mr. Gelb's opposition to defendant FRBNY's third motion for summary judgment. ENDORSEMENT: Plaintiff's application is GRANTED. Plaintiff's opposition to Defendant Federal Reserve Bank of NY's third motion for summary judgment is due January 20, 2015. Defendant's reply is due February 20, 2015. So ordered. (Responses due by 1/20/2015. Replies due by 2/20/2015.) (Signed by Judge Andrew L. Carter, Jr on 1/13/2015) (rjm) (Entered: 01/13/2015) |
| 2015-01-21 | 75 | CROSS MOTION for Summary Judgment . Document filed by Bernard Gelb.(Batista, Paul) (Entered: 01/21/2015) |
| 2015-01-21 | 76 | MEMORANDUM OF LAW in Support re: 75 CROSS MOTION for Summary Judgment . and in Opposition to Defendant's Motion for Summary Judgment . Document filed by Bernard Gelb. (Batista, Paul) (Entered: 01/21/2015) |
| 2015-01-21 | 77 | DECLARATION of Bernard Gelb in Support re: 75 CROSS MOTION for Summary Judgment .. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit 1 part 1, # 2 Exhibit 1 part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4 part 1, # 6 Exhibit 4 part 2, # 7 Exhibit 4 part 3, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17 part 1, # 21 Exhibit 17 part 2, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23)(Batista, Paul) (Entered: 01/21/2015) |
| 2015-01-22 | 78 | COUNTER STATEMENT TO 72 Rule 56.1 Statement. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 01/22/2015) |
| 2015-02-20 | 79 | REPLY MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment . . Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 02/20/2015) |
| 2015-02-20 | 80 | RULE 56.1 STATEMENT. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 02/20/2015) |
| 2015-03-10 | 81 | REPLY AFFIRMATION of Bernard Gelb in Support re: 75 CROSS MOTION for Summary Judgment .. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 03/10/2015) |
| 2015-03-11 | 82 | REPLY MEMORANDUM OF LAW in Support re: 75 CROSS MOTION for Summary Judgment . . Document filed by Bernard Gelb. (Batista, Paul) (Entered: 03/11/2015) |
| 2015-09-17 | 83 | ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING PLAINTIFF'S CROSS-MOTION: granting in part and denying in part 66 Motion for Summary Judgment; denying 75 Motion for Summary Judgment. For the reasons discussed above, Defendant's Motion for Summary Judgment (ECF No. 66) is GRANTED IN PART AND DENIED IN PART and Plaintiff's Cross-Motion for Summary Judgment (ECF No. 75) is DENIED. Plaintiff's Counts I and II are dismissed, as are any constitutional claims in Count III predicated on Defendant's alleged FOIA violations or newly alleged state law violations. Plaintiff's claims alleging violations of Owners' Fifth Amendment rights- due to Defendant's failure to provide notice as mandated by the U.S. Constitution and SEC regulations - remain. The Court will hold a status conference in this case on October 9, 2015, at 10:30 a.m. regarding Plaintiff's remaining Fifth Amendment claims on behalf of Owners. Counsel should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. This terminates Defendant's Motion for Summary Judgment (ECF No. 66) and Plaintiff's Cross-Motion for Summary Judgment (ECF No. 75). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/17/2015) (ama) (Entered: 09/17/2015) |
| 2015-09-17 | | Set/Reset Hearings: Status Conference set for 10/9/2015 at 10:30 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (ama) (Entered: 09/17/2015) |
| 2015-10-09 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 10/9/2015. Paul A. Batista for Plaintiff(s). David L. Gross for Defendant(s). Joint Status Report due by 10/23/2015. (tdh) (Entered: 10/15/2015) |
| 2015-10-28 | 84 | ORDER SETTING STATUS CONFERENCE: Status Conference set for 11/2/2015 at 11:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr., regarding the progress of the parties' settlement negotiations. (Signed by Judge Andrew L. Carter, Jr on 10/28/2015) (tn) (Entered: 10/28/2015) |
| 2015-10-29 | 85 | ORDER: Due to a conflict on the Court's calendar, the November 2, 2015 status conference is adjourned to November 5, 2015 at 11:45 a.m. Status Conference set for 11/5/2015 at 11:45 AM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 10/29/2015) (kgo) (Entered: 10/29/2015) |
| 2015-11-05 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 11/5/2015. Paul A. Batista for Plaintiff(s). David L. Gross for Defendant(s). See Docket No. 86. (tdh) (Entered: 11/10/2015) |
| 2015-11-06 | 86 | ORDER TO SHOW CAUSE: It is hereby ORDERED, that Plaintiff must show cause in writing as to why this case should not be dismissed for lack of standing. Defendant must show cause in writing as to why this case should be dismissed for lack of standing by November 19, 2015. Plaintiff must reply by December 3, 2015. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 11/6/2015) (kgo) Modified on 11/6/2015 (kgo). (Entered: 11/06/2015) |
| 2015-11-19 | 87 | RESPONSE TO ORDER TO SHOW CAUSE re: 86 Order to Show Cause,. Document filed by Federal Reserve Bank of New York. (Gross, David) (Entered: 11/19/2015) |
| 2015-12-03 | 88 | RESPONSE TO ORDER TO SHOW CAUSE re: 86 Order to Show Cause,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 12/03/2015) |
| 2015-12-03 | 89 | RESPONSE TO ORDER TO SHOW CAUSE re: 86 Order to Show Cause,. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Batista, Paul) (Entered: 12/03/2015) |
| 2016-04-06 | 90 | ORDER: On March 25, 2016, the Court received a letter from Defendant informing the Court that it had turned over to Plaintiff the information that it believed to be at issue in this suit and thus, in Defendant's view, the suit is now moot. On March 29, 2016, the Court received a letter from Plaintiff denying Defendant's contention that the turned-over information was in fact what was at issue in the suit. Neither party filed its submission publicly. The Court ORDERS both parties to file their submissions to the electronic case management system by April 8, 2016. Further, the Court will hold a status conference in this matter in this case on April 13, 2016, at 11:15 a.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. SO ORDERED. (Status Conference set for 4/13/2016 at 11:15 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 4/6/2016) (kl) (Entered: 04/06/2016) |
| 2016-04-06 | 91 | LETTER addressed to Judge Andrew L. Carter, Jr. from David Gross dated March 25, 2016 re: Recent FOIA Requests by the Plaintiff. Document filed by Federal Reserve Bank of New York. (Attachments: # 1 Gelb FOIA Request of 11/30/2015, # 2 FRBNY FOIA Response of 12/30/2015, # 3 Gelb FOIA Appeal of 1/20/2016, # 4 FRBNY FOIA Response of 3/23/2016)(Gross, David) (Entered: 04/06/2016) |
| 2016-04-07 | 92 | LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 3.29.2016 re: motion to dismiss. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Batista, Paul) (Entered: 04/07/2016) |
| 2016-04-13 | 93 | ORDER: As stated at the status conference held April 13, 2016, the parties are to submit supplemental letter briefs, not to exceed five pages, by April 27, 2016, addressing: 1) As to Article III standing, whether and how the relief sought by Plaintiff with regard to his surviving Due Process claim adequately redresses the injury he alleges. 2) As to prudential standing, whether the relationship between Plaintiff and the third parties is sufficiently "close" to support third-party standing. In particular, the parties should address LePelletier v. F.D.I.C., 164 F.3d 37 (D.C. Cir. 1999) and Kowalski v. Tesmer, 543 U.S. 125 (2004). Responses, if necessary, should be filed by May 4, 2016. Responses should not exceed three pages. (Signed by Judge Andrew L. Carter, Jr on 4/13/2016) (kgo) (Entered: 04/13/2016) |
| 2016-04-13 | | Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 4/13/2016. Paul A. Batista for Plaintiff(s). David L. Gross and Elissa A. Fondiller for Defendant(s). See Docket No. 93 for complete details. (tdh) (Entered: 04/13/2016) |
| 2016-04-27 | 94 | LETTER addressed to Judge Andrew L. Carter, Jr. from David Gross dated April 27, 2016 re: Standing Issue. Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 04/27/2016) |
| 2016-05-02 | 95 | LETTER addressed to Judge Andrew L. Carter, Jr. from Paul A. Batista dated April 27, 2016 re: April 13, 2016 Order. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Batista, Paul) (Entered: 05/02/2016) |
| 2016-05-04 | 96 | LETTER addressed to Judge Andrew L. Carter, Jr. from Paul Batista dated 5/4/2016 re: Letter dated April 27, 2016. Document filed by Bernard Gelb. (Attachments: # 1 Exhibit 1)(Batista, Paul) (Entered: 05/04/2016) |
| 2016-05-04 | 97 | LETTER addressed to Judge Andrew L. Carter, Jr. from David Gross dated May 4, 2016 re: Response on Standing Issue. Document filed by Federal Reserve Bank of New York.(Gross, David) (Entered: 05/04/2016) |
| 2016-08-29 | 98 | OPINION AND ORDER: For the foregoing reasons, Gelb's remaining claim must be dismissed for lack of standing. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Andrew L. Carter, Jr on 8/29/2016) (kgo) (Entered: 08/29/2016) |
| 2016-08-29 | | Terminate Transcript Deadlines (kgo) (Entered: 08/29/2016) |
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