Feb 6, 2009

Bernstein et al v. Appellate Division First Department Departmental Disciplinary Committee et al, Racketeer/Corrupt Organization Jurisdiction: Federal Question

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:07-cv-11196-SAS


Bernstein et al v. Appellate Division First Department Departmental Disciplinary Committee et al
Assigned to: Judge Shira A. Scheindlin
Demand: $9,999,000
Related Case: 1:07-cv-09599-SAS
Case in other court: US Court of Appeals, 2nd Circuit, 08-04873-cv
US Court of Appeals, Second Circuit, 10-05303
Cause: 18:1961 Racketeering (RICO) Act

Date Filed: 12/12/2007
Date Terminated: 08/08/2008
Jury Demand: Plaintiff
Nature of Suit: 470 Racketeer/Corrupt Organization
Jurisdiction: Federal Question
Plaintiff
Eliot I. Bernstein
Individually
represented byEliot I. Bernstein
39 Little Avenue
Red Bluff, CA 96080
PRO SE
Plaintiff
Eliot I. Bernsteinrepresented byEliot I. Bernstein
(See above for address)
PRO SE
Plaintiff
P. Stephen Lamont
on behalf of Shareholders of Iviewit Holdings, Inc., Iviewit Technologies, Inc., Uview.com, Inc., Iviewit.com, Inc., I.C., Inc., Iviewit.com LLC, Iviewit LLC, Iviewit Corporation, Iviewit, Inc., and Patent Interest Holders
represented byP. Stephen Lamont
35 Locust Avenue
Rye, NY 10580
PRO SE

V.
Defendant
Appellate Division First Department Departmental Disciplinary Committeerepresented byMonica Anne Connell 
New York State Office of the Attorney General (24th Floor)
120 Broadway, 24th Floor
New York, NY 10271
212-416-8965
Fax: 212-416-6009
Email: Monica.Connell@oag.state.ny.us
ATTORNEY TO BE NOTICED
Defendant
Thomas J. Cahill
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Thomas J. Cahill
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Joseph Wigley
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Joseph Wigley
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Catherine O'Hagen Wolfe
in their official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Catherine O'Hagen Wolfe
in their individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Paul Curran
in their official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Paul Curran
in individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Martin R. Gold
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Martin R. Gold
in thier offical capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hon. Angela M. Mazzarelli
in her official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Angela M. Mazzarelli
in her individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hon. Richard T. Andrias
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Richard T. Andrias
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hon. David B. Saxe
in his offical capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
David B. Saxe
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hon. David Friedman
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
David Friedman
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hon. Luiz A. Gonzales
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Luiz A. Gonzales
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Appellate Division Second Department Departmental Disciplinary Committeerepresented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Lawrence DiGiovanna
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Lawrence DiGiovanna
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Diana Maxfield Kearse
in her official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Diana Maxfield Kearse
in her individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
James E. Peltzer
in his offical capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
James E. Peltzer
in his individual capcity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hon. A. Gail Prudenti
in her offical capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
A. Gail Prudenti
in her individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Steven C. Krane
in his official capacity
Defendant
Steven C. Krane
in his individual capacity
represented byJoanna Frances Sandolo 
Meiselman, Denlea, Packman, Carton & Eberz P.C.(WPl)
1311 Mamaroneck Avenue
White Plains, NY 10605
(914)-517-5000
Fax: (914)-517-5055
Email: jsandolo@mdpcelaw.com
ATTORNEY TO BE NOTICED
Defendant
Hon. Judith S. Kaye
in her official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Judith S. Kaye
in her individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Kenneth Rubensteinrepresented byJoanna Frances Sandolo 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Estate of Stephen Kayerepresented byJoanna Frances Sandolo 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Proskauer Rose LLPrepresented byJoanna Frances Sandolo 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Meltzer Lippe Goldstein & Breistone LLPrepresented byRichard M. Howard 
Meltzer, Lippe, Goldstein & Breitstone, LLP
190 Willis Avenue
Mineola, NY 11501
(516) 747-0300
Fax: (516) 747-0653
Email: rhoward@meltzerlippe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lewis S. Meltzerrepresented byRichard M. Howard 
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Raymond A. Joaorepresented byJohn Walter Fried 
Fried and Epstein
350 Fifth Avenue
Suite 7612
New York, NY 10118
212-268-7111
Fax: 212-268-3110
Email: johnwfried@fried-epstein.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Foley Lardner LLPrepresented byKent Kari Anker 
Friedman, Kaplan, Seiler and Adelman
1633 Broadway
NY, NY 10019
212 833-1244
Fax: 212 833 1250
Email: kanker@fklaw.com
ATTORNEY TO BE NOTICED

Lili Zandpour 
Friedman Kaplan Seiler & Adelman LLP
7 Times Square
New York, NY 10036
(212)-9833-1100
Fax: (212)-9833-1250
Email: lzandpour@fklaw.com
ATTORNEY TO BE NOTICED
Defendant
Michael C. Greberepresented byKent Kari Anker 
(See above for address)
ATTORNEY TO BE NOTICED

Lili Zandpour 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William J. Dickrepresented byKent Kari Anker 
(See above for address)
ATTORNEY TO BE NOTICED

Lili Zandpour 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Douglas A. Boehmrepresented byKent Kari Anker 
(See above for address)
ATTORNEY TO BE NOTICED

Lili Zandpour 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Steven C. Beckerrepresented byKent Kari Anker 
(See above for address)
ATTORNEY TO BE NOTICED

Lili Zandpour 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
State of New York Commission of Investigationrepresented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Lawyers Fund for Client Protection of the State of New Yorkrepresented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
The Florida Bar
Defendant
Lorraine Christine Hoffman
in her official capacity
represented byGlenn Thomas Burhans , Jr. 
Greenberg Traurig
101 East College Avenue
Tallahassee, FL 10022
(850) 521-8570
ATTORNEY TO BE NOTICED
Defendant
Lorraine Christine Hoffman
in her individual capacity
Defendant
Eric Turner
in his official capacity
represented byGlenn Thomas Burhans , Jr. 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Eric Turner
in his individual capacity
Defendant
John Anthony Boggs
in his official capacity
represented byGlenn Thomas Burhans , Jr. 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
John Anthony Boggs
in his individual capacity
Defendant
Kenneth Marvin
in his official capacity
represented byGlenn Thomas Burhans , Jr. 
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Kenneth Marvin
in his individual capacity
Defendant
Thomas Hall
in his official capacity
Defendant
Thomas Hall
in his individual capacity
Defendant
Debroah Yarborough
in her official capacity
Defendant
Debroah Yarborough
in her individual capacity
Defendant
Virginia State Barrepresented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED

Stephen M. Hall 
Assistant Attorney General III
Office of Attorney Genreral
900 E. Main Street
Richmond, VA 23219
(804) 786-2071
Fax: (804) 371-2087
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
Andrew H. Goodman
in his official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED

Stephen M. Hall 
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
Andrew H. Goodman
in his individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED

Stephen M. Hall 
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
Noel Sengel
in her official capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED

Stephen M. Hall 
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
Noel Sengel
in her individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED

Stephen M. Hall 
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
Mary W. Martelino
in her individual capacity
represented byMonica Anne Connell 
(See above for address)
ATTORNEY TO BE NOTICED

Stephen M. Hall 
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
John Does

Date Filed#Docket Text
12/12/2007COMPLAINT against Catherine O'Hagen Wolfe(in their individual capacity), Paul Curran(in their official capacity), Paul Curran(in individual capacity), Martin R. Gold(in his individual capacity), Martin R. Gold(in thier offical capacity), Angela M. Mazzarelli(in her official capacity), Angela M. Mazzarelli(in her individual capacity), Richard T. Andrias(in his official capacity), Richard T. Andrias(in his individual capacity), David B. Saxe, David B. Saxe, David Friedman(in his official capacity), David Friedman(in his individual capacity), Luiz A. Gonzales(in his official capacity), Luiz A. Gonzales(in his individual capacity), Appellate Division Second Department Departmental Disciplinary Committee, Lawrence DiGiovanna(in his official capacity), Lawrence DiGiovanna(in his individual capacity), Diana Maxfield Kearse(in her official capacity), Diana Maxfield Kearse(in her individual capacity), James E. Peltzer(in his offical capacity), James E. Peltzer(in his individual capcity), A. Gail Prudenti(in her offical capacity), A. Gail Prudenti(in her individual capacity), Steven C. Krane(in his official capacity), Steven C. Krane(in his individual capacity), Judith S. Kaye, Judith S. Kaye, Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP, Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer, Raymond A. Joao, Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker, State of New York Commission of Investigation, Appellate Division First Department Departmental Disciplinary Committee, Lawyers Fund for Client Protection of the State of New York, The Florida Bar, Lorraine Christine Hoffman(in her official capacity), Lorraine Christine Hoffman(in her individual capacity), Eric Turner(in his official capacity), Eric Turner(in his individual capacity), John Anthony Boggs(in his official capacity), John Anthony Boggs(in his individual capacity), Kenneth Marvin(in his official capacity), Kenneth Marvin(in his individual capacity), Thomas J. Cahill(in his official capacity), Thomas Hall(in his official capacity), Thomas Hall(in his individual capacity), Debroah Yarborough(in her official capacity), Debroah Yarborough(in her individual capacity), Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino, Thomas J. Cahill(in his individual capacity), John Does, Joseph Wigley(in his official capacity), Joseph Wigley(in his individual capacity), Catherine O'Hagen Wolfe(in their official capacity). (Filing Fee $ 350.00, Receipt Number 635712)Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein, P. Stephen Lamont.(mbe) (Entered: 12/14/2007)
12/12/2007  SUMMONS ISSUED as to Catherine O'Hagen Wolfe(in their individual capacity), Paul Curran(in their official capacity), Paul Curran(in individual capacity), Martin R. Gold(in his individual capacity), Martin R. Gold(in thier offical capacity), Angela M. Mazzarelli(in her official capacity), Angela M. Mazzarelli(in her individual capacity), Richard T. Andrias(in his official capacity), Richard T. Andrias(in his individual capacity), David B. Saxe, David B. Saxe, David Friedman(in his official capacity), David Friedman(in his individual capacity), Luiz A. Gonzales(in his official capacity), Luiz A. Gonzales(in his individual capacity), Appellate Division Second Department Departmental Disciplinary Committee, Lawrence DiGiovanna(in his official capacity), Lawrence DiGiovanna(in his individual capacity), Diana Maxfield Kearse(in her official capacity), Diana Maxfield Kearse(in her individual capacity), James E. Peltzer(in his offical capacity), James E. Peltzer(in his individual capcity), A. Gail Prudenti(in her offical capacity), A. Gail Prudenti(in her individual capacity), Steven C. Krane(in his official capacity), Steven C. Krane(in his individual capacity), Judith S. Kaye, Judith S. Kaye, Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP, Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer, Raymond A. Joao, Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker, State of New York Commission of Investigation, Appellate Division First Department Departmental Disciplinary Committee, Lawyers Fund for Client Protection of the State of New York, The Florida Bar, Lorraine Christine Hoffman(in her official capacity), Lorraine Christine Hoffman(in her individual capacity), Eric Turner(in his official capacity), Eric Turner(in his individual capacity), John Anthony Boggs(in his official capacity), John Anthony Boggs(in his individual capacity), Kenneth Marvin(in his official capacity), Kenneth Marvin(in his individual capacity), Thomas J. Cahill(in his official capacity), Thomas Hall(in his official capacity), Thomas Hall(in his individual capacity), Debroah Yarborough(in her official capacity), Debroah Yarborough(in her individual capacity), Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino, Thomas J. Cahill(in his individual capacity), John Does, Joseph Wigley(in his official capacity), Joseph Wigley(in his individual capacity), Catherine O'Hagen Wolfe(in their official capacity). (mbe) (Entered: 12/14/2007)
12/12/2007  CASE REFERRED TO Judge Shira A. Shindlin as possibly related to 1:07-cv-9599. (mbe) (Entered: 12/14/2007)
12/21/2007  CASE ACCEPTED AS RELATED. Create association to 1:07-cv-09599-SAS. Notice of Assignment to follow. (laq) (Entered: 01/10/2008)
12/21/2007NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (laq) (Entered: 01/10/2008)
12/21/2007  Magistrate Judge Douglas F. Eaton is so designated. (laq) (Entered: 01/10/2008)
12/26/2007MOTION for appointment of pro bono counsel; MOTION for Extension of Time to file amended complaint after original complaint has been filed on some or all of the defendants; MOTION for order for the United States Marshal Service to serve papers on remaining or all of the defendants; MOTION to accept limited power of attorney of plaintiff Bernstein and Plaintiff Lamont Accept Remote appearance of plaintiff Bernstein for Court Proceedings; and Physical Protection of Plaintiffs for Court Appearances. Attached is Affidavit in Support. Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein.(djc) (Entered: 01/08/2008)
12/26/2007DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eliot I. Bernstein(Individually).(djc) (Entered: 01/09/2008)
01/10/2008  Mailed notice to the attorney(s) of record. (laq) (Entered: 01/10/2008)
01/10/2008ORDER granting in part and denying in part 2 Motion to Appoint Counsel ; granting in part and denying in part 2 Motion for Extension of Time; granting in part and denying in part 2 Motion to Serve; granting in part and denying in part 2 Motion. For the reasons stated above, plaintiffs' motions are granted in part and denied in part. The United States Marshals are directed to serve the Complaint on defendants. Plaintiffs will have until twenty days after service is completed on all defendants to file an amended complaint. The Clerk of the Court is directed to close these motions (document no. 2 on the docket sheet). (Signed by Judge Shira A. Scheindlin on 1/9/2008)(jmi) (Entered: 01/11/2008)
01/23/2008  AMENDED SUMMONS ISSUED as to Catherine O'Hagen Wolfe(in their individual capacity), Paul Curran(in their official capacity), Paul Curran(in individual capacity), Martin R. Gold(in his individual capacity), Martin R. Gold(in thier offical capacity), Angela M. Mazzarelli(in her official capacity), Angela M. Mazzarelli(in her individual capacity), Richard T. Andrias(in his official capacity), Richard T. Andrias(in his individual capacity), David B. Saxe, David B. Saxe, David Friedman(in his official capacity), David Friedman(in his individual capacity), Luiz A. Gonzales(in his official capacity), Luiz A. Gonzales(in his individual capacity), Appellate Division Second Department Departmental Disciplinary Committee, Lawrence DiGiovanna(in his official capacity), Lawrence DiGiovanna(in his individual capacity), Diana Maxfield Kearse(in her official capacity), Diana Maxfield Kearse(in her individual capacity), James E. Peltzer(in his offical capacity), James E. Peltzer(in his individual capcity), A. Gail Prudenti(in her offical capacity), A. Gail Prudenti(in her individual capacity), Steven C. Krane(in his official capacity), Steven C. Krane(in his individual capacity), Judith S. Kaye, Judith S. Kaye, Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP, Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer, Raymond A. Joao, Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker, State of New York Commission of Investigation, Appellate Division First Department Departmental Disciplinary Committee, Lawyers Fund for Client Protection of the State of New York, The Florida Bar, Lorraine Christine Hoffman(in her official capacity), Lorraine Christine Hoffman(in her individual capacity), Eric Turner(in his official capacity), Eric Turner(in his individual capacity), John Anthony Boggs(in his official capacity), John Anthony Boggs(in his individual capacity), Kenneth Marvin(in his official capacity), Kenneth Marvin(in his individual capacity), Thomas J. Cahill(in his official capacity), Thomas Hall(in his official capacity), Thomas Hall(in his individual capacity), Debroah Yarborough(in her official capacity), Debroah Yarborough(in her individual capacity), Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino, Thomas J. Cahill(in his individual capacity), John Does, Joseph Wigley(in his official capacity), Joseph Wigley(in his individual capacity), Catherine O'Hagen Wolfe(in their official capacity). (tro) (Entered: 01/25/2008)
03/07/2008MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. David B. Saxe served on 2/28/2008, answer due 3/19/2008; David B. Saxe served on 2/28/2008, answer due 3/19/2008. Service was accepted by David B. Saxe. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/10/2008)
03/10/20087 ORDER: I have considered plaintiffs' request and have determined that the Attorney General does not face an improper conflict of interest in representing the State Defendants. If, however, the Attorney General concludes that an investigation of defendants is warranted, then independent counsel would be required. Plaintiffs request that the Court find that defendant Raymond A. Joao's counsel, alleged to be John W. Fried is conflicted because Fried will be required to testify and may be added as a defendant. Plaintiffs' request is denied at this time. Plaintiff also request that the Court reconsider its earlier denial of plaintiffs' request for pro bono counsel. Plaintiffs have presented no such decisions or factual matters. The Request is denied. Defendants time to return waivers of personal service is hereby extended until March 21, 2008. Defendants shall move or answer no later than May 30, 2008. (Signed by Judge Shira A. Scheindlin on 3/7/2008) (jpo) (Entered: 03/10/2008)
03/11/2008MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Martin R. Gold(in his individual capacity) served on 2/29/2008, answer due 3/20/2008; Martin R. Gold(in their official capacity) served on 2/29/2008, answer due 3/20/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (jmi) (Entered: 03/14/2008)
03/14/2008ACKNOWLEDGMENT OF SERVICE. John Anthony Boggs(in his official capacity) served on 3/4/2008, answer due 3/24/2008. Service was accepted by John Anthony Boggs. Document filed by Eliot I. Bernstein. (djc) (Entered: 03/17/2008)
03/19/200810 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Debroah Yarborough(in her official capacity). Attempted Service of Summons and Complaint. Service was attempted on 3/12/08. Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein. (pl) (Entered: 03/20/2008)
03/21/200811 ORDER: plaintiffs are again reminded that pursuant to Standing Order M10-468, all communications with the Court, including all motions and letters are to be directed to the Court's Pro Se Office, not to chambers. Violation of the Standing Order may lead to a finding of contempt of court. Plaintiffs have requested reconsideration of the Court's Order dated March 7, 2008. The Court declines to revisit its earlier decision. Plaintiffs have also requested legal advice on several topics. The Court does not give legal advice to parties. Plaintiffs have requested legal advice on several topics. The Court does not give legal advice to parties. Plaintiffs have requested that the Court notify the appropriate authorities of defendants' alleged criminal misconduct. At this early stage of the litigation, such notification would be both inappropriate and premature. Finally, plaintiffs have requested permission to make use of the Court's electronic case filing and case management system. At this time, permission to do so is denied. Any further consideration of the substantive issues raised by plaintiffs, including plaintiffs' requests regarding conflicts of interest, must await the resolution of anticipated motions to dismiss. (Signed by Judge Shira A. Scheindlin on 3/21/08) (tro) (Entered: 03/21/2008)
03/21/200812 MOTION to Dismiss pursuant to F. R. Civ. P. 12(b)(2) and (6). (Attached is the Declaration of Glenn T. Burhans, Jr., in Support of The Florida Bar Defendants' Motion to Dismiss.) Document filed by The Florida Bar, Lorraine Christine Hoffman(in her individual capacity), Eric Turner(in his official capacity), John Anthony Boggs(in his official capacity), Kenneth Marvin(in his official capacity).(rw) (Entered: 03/24/2008)
03/21/200813 MEMORANDUM OF LAW in Support of the Florida Bar Defendants' Motion to dismiss the Complaint pursuant to F.R.C.P. 12(b)and (6). Document filed by The Florida Bar, Lorraine Christine Hoffman(in her official capacity), Eric Turner(in his official capacity), John Anthony Boggs(in his official capacity), Kenneth Marvin(in his individual capacity). (jpo) (Entered: 03/24/2008)
03/24/200814 ORDER all defendants that seek to move to dismiss must so move and submit memoranda of law no later than May 30, 2008. Plaintiffs' response is due on June 30, 2008. Defendants' reply, if any, is due on July 14, 2008. The parties are reminded that the restrictions on page limits and exhibits detailed in the Court's Individual Rules and Procedures are in effect, and memoranda of law that do not comply with these Rules will be rejected. SO ORDERED. ( Responses due by 6/30/2008, Replies due by 7/14/2008.) (Signed by Judge Shira A. Scheindlin on 3/24/2008) (jmi) (Entered: 03/25/2008)
03/24/200815 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Proskauer Rose LLP served on 3/18/2008, answer due 4/7/2008. Service was accepted by Greg Mashberg. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200816 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Kenneth Rubenstein served on 3/18/2008, answer due 4/7/2008. Service was accepted by Greg Mashberg. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200817 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Steven C. Krane(in his official capacity) served on 3/18/2008, answer due 4/7/2008; Steven C. Krane(in his individual capacity) served on 3/18/2008, answer due 4/7/2008. Service was accepted by Gregg Mashberg. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200818 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Estate of Stephen Kaye served on 3/18/2008, answer due 4/7/2008. Service was accepted by Gregg Mashberg. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200820 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Mary W. Martelino served on 3/14/2008, answer due 4/3/2008. Service was accepted by Stephen Hall. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200821 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Virginia State Bar served on 3/14/2008, answer due 4/3/2008. Service was accepted by Stephen Hall. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200822 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Noel Sengel(in her official capacity) served on 3/14/2008, answer due 4/3/2008; Noel Sengel(in her individual capacity) served on 3/14/2008, answer due 4/3/2008. Service was accepted by Stephen Hall. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/24/200823 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Andrew H. Goodman(in his official capacity) served on 3/14/2008, answer due 4/3/2008; Andrew H. Goodman(in his individual capacity) served on 3/14/2008, answer due 4/3/2008. Service was accepted by Stephen Hall. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 03/25/2008)
03/25/200819 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by John Walter Fried on behalf of Raymond A. Joao (Attachments: # 1 Affidavit of Service)(Fried, John) Modified on 3/26/2008 (db). (Entered: 03/25/2008)
03/25/200824 NOTICE OF APPEARANCE by Monica Anne Connell on behalf of Catherine O'Hagen Wolfe(in their individual capacity), Paul Curran(in their official capacity), Paul Curran(in individual capacity), Martin R. Gold(in his individual capacity), Martin R. Gold(in thier offical capacity), Angela M. Mazzarelli(in her official capacity), Angela M. Mazzarelli(in her individual capacity), Richard T. Andrias(in his official capacity), Richard T. Andrias(in his individual capacity), David B. Saxe, David B. Saxe, David Friedman(in his official capacity), David Friedman(in his individual capacity), Luiz A. Gonzales(in his official capacity), Luiz A. Gonzales(in his individual capacity), Appellate Division Second Department Departmental Disciplinary Committee, Lawrence DiGiovanna(in his official capacity), Lawrence DiGiovanna(in his individual capacity), Diana Maxfield Kearse(in her official capacity), Diana Maxfield Kearse(in her individual capacity), James E. Peltzer(in his offical capacity), James E. Peltzer(in his individual capcity), A. Gail Prudenti(in her offical capacity), A. Gail Prudenti(in her individual capacity), Judith S. Kaye, Judith S. Kaye, State of New York Commission of Investigation, Appellate Division First Department Departmental Disciplinary Committee, Lawyers Fund for Client Protection of the State of New York, Thomas J. Cahill(in his official capacity), Thomas J. Cahill(in his individual capacity), Joseph Wigley(in his official capacity), Joseph Wigley(in his individual capacity), Catherine O'Hagen Wolfe(in their official capacity) (dle) (Entered: 03/26/2008)
03/26/2008  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney John Walter Fried to MANUALLY RE-FILE Document Notice of Appearance, Document No. 19. This case is not ECF. (db) (Entered: 03/26/2008)
03/26/200825 NOTICE OF APPEARANCE by John Walter Fried on behalf of Raymond A. Joao. (jco) (Entered: 03/27/2008)
03/27/200826 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Michael C. Grebe served on 3/16/2008, answer due 5/30/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200827 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lorraine Christine Hoffman(in her official capacity) served on 3/5/2008, answer due 3/25/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200828 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Judith S. Kaye served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200829 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lawyers Fund for Client Protection of the State of New York served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200830 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. State of New York Commission of Investigation served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200831 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Paul Curran(in individual capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200832 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Angela M. Mazzarelli(in her official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200833 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. James E. Peltzer(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200834 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Joseph Wigley(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200835 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Catherine O'Hagen Wolfe(in their official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200836 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Richard T. Andrias(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200837 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Thomas J. Cahill(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200838 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Diana Maxfield Kearse(in her official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200839 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. A. Gail Prudenti(in her offical capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200840 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lawrence DiGiovanna(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200841 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Appellate Division Second Department Departmental Disciplinary Committee served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200842 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. David Friedman(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200843 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Luiz A. Gonzales(in his official capacity) served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200844 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Kenneth Marvin(in his official capacity) served on 3/17/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/27/200845 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Appellate Division First Department Departmental Disciplinary Committee served on 3/18/2008, answer due 4/7/2008. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (pl) (Entered: 03/31/2008)
03/31/200846 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Kent K. Anker dated 3/28/2008 re: Requesting that defendants Foley & Lardner LLP, Steven C. Beeker, Douglas A. Behm, William J. Dick, and Michael W. Grebe be granted an extension of time to respond to plaintiffs' complaint. ENDORSEMENT: Defendants request is granted. Plaintiffs response is due June 30, 2008, Defendants' reply is due July 14, 2008. So Ordered. (Signed by Judge Shira A. Scheindlin on 3/28/2008) (jpo) (Entered: 03/31/2008)
04/07/200847 MOTION to Allow Filling of an Amend/Correct 1 Complaint. Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein.(jmi) (Entered: 04/08/2008)
04/07/200848 MOTION in Opposition to Defendants re: 12 MOTION to Dismiss Based on Material and Substantial Evidence. Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein.(jmi) (Entered: 04/08/2008)
04/08/200849 ORDER: The Court has received a document styled "opposition to Defendants Motion to dismiss." from plaintiffs. This document was apparently sent directly to Chambers, not to the Courts Pro Se Office. Because plaintiffs have failed to comply with the Court's standing order this document is rejected. If plaintiff seeks to file a motion they must do so through the Court's Pro SE Office. The time for defendants to move to dismiss is extended to May 30, 2008, plaintiffs response is due by June 30, 2008 Defendants reply is due July 14, 2008. (Signed by Judge Shira A. Scheindlin on 4/8/2008) (jpo) (Entered: 04/09/2008)
04/11/200850 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Raymond A. Joao served on 3/25/2008, answer due 5/30/2008. Service was accepted by John W. Fried. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 04/11/2008)
04/11/200851 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. William J. Dick served on 3/25/2008, answer due 5/30/2008. Service was accepted by William J. Dick. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 04/11/2008)
04/11/200852 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Douglas A. Boehm served on 3/24/2008, answer due 5/30/2008. Service was accepted by Douglas Boehm. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 04/11/2008)
04/11/200853 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Steven C. Becker served on 3/24/2008, answer due 5/30/2008. Service was accepted by Steven Becker. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 04/11/2008)
04/11/200854 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Foley Lardner LLP served on 3/20/2008, answer due 5/30/2008. Service was accepted by James R. Clark. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (dle) (Entered: 04/11/2008)
04/15/200855 ORDER that the Court has received plaintiffs' request to file an Amended Complaint. Plaintiffs' request is granted. The Amended Complaint must be filed no later than 5/10/08. Notwithstanding the filing of the Amended Complaint, defendants' deadline to move to dismiss or file an Answer remains 5/30/08. Plaintiffs' response remains due on 6/30/08. Defendants' reply, if any, remains due on 7/14/08. The parties are again reminded that the restrictions on page limits and exhibits detailed in the Court's Individual Rules and Procedures are in effect, and memoranda of law that do not comply with these Rules will be rejected. (Signed by Judge Shira A. Scheindlin on 4/14/08) (dle) (Entered: 04/15/2008)
04/24/200856 MOTION for Stephen Hall to Appear Pro Hac Vice. Document filed by Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino.(dle) (Entered: 04/25/2008)
04/29/2008  CASHIERS OFFICE REMARK on 56 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 04/24/2008, Receipt Number 649058. (jd) (Entered: 04/29/2008)
05/02/200857 DECLARATION of Kent K. Anker RESPONSE to Plaintiffs' Motion for Pro Bono Counsel. Document filed by Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker. (jmi) (Entered: 05/05/2008)
05/02/200858 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker.(jmi) (Entered: 05/05/2008)
05/02/200859 NOTICE OF APPEARANCE by Lili Zandpour, Kent Kari Anker on behalf of Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker (jmi) (Entered: 05/05/2008)
05/09/200860 ORDER: Service of any amended complaint will be stayed until such time as the scheduled motions to dismiss have been decided. Accordingly, the time for newly named defendants to respond to the Complaint is hereby stayed until after the Court has ruled on those motions. This Order is subject to reconsideration upon receipt of opposition, if any, from plaintiffs. (Signed by Judge Shira A. Scheindlin on 5/9/08) (tro) (Entered: 05/12/2008)
05/12/200861 NOTICE OF APPEARANCE by Joanna Frances Smith on behalf of Steven C. Krane(in his individual capacity), Kenneth Rubenstein, Proskauer Rose LLP (pl) (Entered: 05/13/2008)
05/12/200862 MOTION for a pro se office to copy and transmit amended complaint to U.S. Marshal's Office. Document filed by Eliot I. Bernstein(Individually), P. Stephen Lamont.(pl) (Entered: 05/13/2008)
05/12/200887 AMENDED COMPLAINT amending 1 Complaint,,,,,,,,,,, against Catherine O'Hagen Wolfe(in their individual capacity), Paul Curran(in their official capacity), Paul Curran(in individual capacity), Martin R. Gold(in his individual capacity), Martin R. Gold(in thier offical capacity), Angela M. Mazzarelli(in her official capacity), Angela M. Mazzarelli(in her individual capacity), Richard T. Andrias(in his official capacity), Richard T. Andrias(in his individual capacity), David B. Saxe, David B. Saxe, David Friedman(in his official capacity), David Friedman(in his individual capacity), Luiz A. Gonzales(in his official capacity), Luiz A. Gonzales(in his individual capacity), Appellate Division Second Department Departmental Disciplinary Committee, Lawrence DiGiovanna(in his official capacity), Lawrence DiGiovanna(in his individual capacity), Diana Maxfield Kearse(in her official capacity), Diana Maxfield Kearse(in her individual capacity), James E. Peltzer(in his offical capacity), James E. Peltzer(in his individual capcity), A. Gail Prudenti(in her offical capacity), A. Gail Prudenti(in her individual capacity), Steven C. Krane(in his official capacity), Steven C. Krane(in his individual capacity), Judith S. Kaye, Judith S. Kaye, Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP, Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer, Raymond A. Joao, Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker, State of New York Commission of Investigation, Appellate Division First Department Departmental Disciplinary Committee, Lawyers Fund for Client Protection of the State of New York, The Florida Bar, Lorraine Christine Hoffman(in her official capacity), Lorraine Christine Hoffman(in her individual capacity), Eric Turner(in his official capacity), Eric Turner(in his individual capacity), John Anthony Boggs(in his official capacity), John Anthony Boggs(in his individual capacity), Kenneth Marvin(in his official capacity), Kenneth Marvin(in his individual capacity), Thomas J. Cahill(in his official capacity), Thomas Hall(in his official capacity), Thomas Hall(in his individual capacity), Debroah Yarborough(in her official capacity), Debroah Yarborough(in her individual capacity), Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino, Thomas J. Cahill(in his individual capacity), John Does, Joseph Wigley(in his official capacity), Joseph Wigley(in his individual capacity), Catherine O'Hagen Wolfe(in their official capacity).Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein, P. Stephen Lamont. Related document: 1 Complaint,,,,,,,,,,, filed by P. Stephen Lamont, Eliot I. Bernstein.(dle) (Entered: 07/03/2008)
05/13/200863 ORDER granting 56 Motion for Stephen M. Hall to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 5/13/08) (mme) (Entered: 05/13/2008)
05/14/200864 MEMO ENDORSEMENT on re: 62 MOTION for a pro se office to copy and transmit amended complaint to U.S. Marshal's Office. filed by P. Stephen Lamont, Eliot I. Bernstein ENDORSEMENT; In accordance with this court's order dated May 9, 2008, service of any amended complaint is stayed until such the as the scheduled motions to dismiss are decided. Plaintiff's motion is therefore denied with leave to renew after that time. (Signed by Judge Shira A. Scheindlin on 5/13/08) (mme) (Entered: 05/14/2008)
05/22/200865 MOTION IN OPPOSITION TO 60 STAY ORDER dated 5/9/08 - REQUEST FOR CLARIFICATION ORDER. Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein, P. Stephen Lamont.(db) (Entered: 05/22/2008)
05/28/200866 MOTION for an order of dismissal, under FRCP Rule 12 dismissing the Complaint in this action as to the Virginia Defendants in its entirety. Document filed by Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino.(dle) (Entered: 05/29/2008)
05/28/200867 MEMORANDUM OF LAW in Support re: 66 MOTION to Dismiss. Document filed by Virginia State Bar, Andrew H. Goodman(in his official capacity), Andrew H. Goodman(in his individual capacity), Noel Sengel(in her official capacity), Noel Sengel(in her individual capacity), Mary W. Martelino. (dle) (Entered: 05/29/2008)
05/30/200868 MOTION for an order pursuant to F.R.C.P. 12(b)(2) and (6) to Dismiss the Amended Complaint; w/ attch. Declaration in support. Document filed by Lorraine Christine Hoffman(in her official capacity), Eric Turner(in his official capacity), John Anthony Boggs(in his official capacity), Kenneth Marvin(in his official capacity).(pl) (Entered: 05/30/2008)
05/30/200869 MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss.. Document filed by Lorraine Christine Hoffman(in her official capacity), John Anthony Boggs(in his official capacity), Kenneth Marvin(in his official capacity, et al. (pl) (Entered: 05/30/2008)
05/30/200870 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - CROSS MOTION to Dismiss Complaint. Document filed by Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer.(Howard, Richard) Modified on 6/2/2008 (KA). (Entered: 05/30/2008)
05/30/200871 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT of Richard M. Howard, Esq. in Support re: 70 CROSS MOTION to Dismiss Complaint. Document filed by Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer. (Howard, Richard) Modified on 6/2/2008 (KA). (Entered: 05/30/2008)
05/30/200872 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT OF SERVICE of Notice of Cross Motion with Affidavit in Support served on Elliot I. Bernstein, P. Stephen Lamont, Monica Connell, Esq., Gregg M. Mashberg, Esq., Glenn T. Burhans, Jr., Esq., John W. Fried, Esq. on May 30, 2008. Service was made by Mail. Document filed by Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer. (Howard, Richard) Modified on 6/2/2008 (KA). (Entered: 05/30/2008)
05/30/200873 MOTION to Dismiss the Amended Complaint. Document filed by State of New York Commission of Investigation et al.(cd) (Entered: 06/02/2008)
05/30/200874 MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss.. Document filed by State of New York Commission of Investigation et al. (cd) (Entered: 06/02/2008)
05/30/200875 MOTION for an order pursuant to Rules 8 (a)(2), 9(b), 12(b)(1), and 12(b)(6), of the F.R.C.P. to Dismiss the Amended Complaint. Document filed by Raymond A. Joao.(pl) (Entered: 06/02/2008)
05/30/200876 MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss. Document filed by Raymond A. Joao. (pl) (Entered: 06/02/2008)
05/30/200877 DECLARATION of John W. Fried in Support re: 75 MOTION to Dismiss.. Document filed by Raymond A. Joao. (pl) (Entered: 06/02/2008)
05/30/200878 MOTION to Dismiss the Complaint and Amended Complaint, with prejudice. Document filed by Steven C. Krane(in his individual capacity), Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP.(cd) (Entered: 06/02/2008)
05/30/200879 DECLARATION of Joanna Smith in Support re: 78 MOTION to Dismiss. Document filed by Steven C. Krane(in his official capacity), Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP. (cd) (Entered: 06/02/2008)
05/30/200880 MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss. Document filed by Steven C. Krane(in his individual capacity), Kenneth Rubenstein, Estate of Stephen Kaye, Proskauer Rose LLP. (cd) (Entered: 06/02/2008)
05/30/200881 MOTION for an order pursuant to F.R.C.P. 9(b) and 12(b)(b) dismissing the original and amended complaints. Document filed by Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker.(pl) (Entered: 06/02/2008)
05/30/200882 DECLARATION of Lili Zandpour in Support re: 81 MOTION to Dismiss.. Document filed by Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker. (pl) (Entered: 06/02/2008)
06/02/2008  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Richard M. Howard to MANUALLY RE-FILE Document Cross-Motion to Dismiss Complaint, Document No. 70. This case is not ECF. (KA) (Entered: 06/02/2008)
06/02/2008  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Richard M. Howard to MANUALLY RE-FILE Document Affidavit in Support of Motion, Document No. 71. This case is not ECF. (KA) (Entered: 06/02/2008)
06/02/2008  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Richard M. Howard to MANUALLY RE-FILE Document Affidavit of Service, Document No. 72. This case is not ECF. (KA) (Entered: 06/02/2008)
06/03/200883 CROSS-MOTION to Dismiss plaintiffs' complaint purs to FRCP Rule 12(b)(6). Attached is Affidavit. Document filed by Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer.(djc) Modified on 6/5/2008 (djc). (Entered: 06/05/2008)
06/06/200885 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTIONS TO DISMISS DUE TO EXTRANEOUS CIRCUMSTANCES AND POSSIBLE ABUSE OF PROCESS AND REQUESTS COURT TO REVISIT PRO BONO COUNSEL. Document filed by Eliot I. Bernstein(Individually), P. Stephen Lamont.(pl) (Entered: 06/11/2008)
06/09/200884 DECLARATION OF SERVICE by Attorney Monica Connell, of Motion to dismiss dated 5/30/08, the Declaration of Monica A. Connell and State Defendants Memorandum in support of Motion to Dismiss the Amended Complaint served on Pro Se Plaintiff, Attorneys for Harvey Gladstein & Partners, Attorneys for Alan Isaac, and Attorneys for the City defendants on 5/30/08. Service was made by Federal Express. Document filed by Appellate Division Second Department Departmental Diciplinary Committee, Lawrence DiGiovanna, A. Gail Pudenti, James E. Peltzer, Virginia State Bar, et al... (pl) Modified on 6/10/2008 (pl). Modified on 7/8/2008 (pl). Modified on 7/8/2008 (pl). (Entered: 06/10/2008)
06/18/200886 ORDER: Plaintiff's moved (doc. #85), for an extension of time to respond to the Motions to Dismiss. Plaintiffs responses due 7/14/08. Defendants replies due 7/28/08. NO FURTHER EXTENSIONS WILL BE GRANTED. Set Deadlines/Hearing as to 73 MOTION to Dismiss. 83 MOTION to Dismiss. 68 MOTION to Dismiss. 78 MOTION to Dismiss. 75 MOTION to Dismiss. 81 MOTION to Dismiss. 66 MOTION to Dismiss: (Responses due by 7/14/2008, Replies due by 7/28/2008.) (Signed by Judge Shira A. Scheindlin on 6/17/07) (db) (Entered: 06/18/2008)
07/03/200888 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Thomas Hall(in his individual capacity) served on 6/6/2008, answer due 6/26/2008. Service was accepted by Vickie Vanlith, Administrative Assistant. Document filed by Eliot I. Bernstein(Individually). (pl) (Entered: 07/07/2008)
07/07/200889 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. The Florida Bar served on 6/6/2008, answer due 6/26/2008. Service was accepted by Jack Harkness-Executive Director. Document filed by Eliot I. Bernstein(Individually). (pl) (Entered: 07/07/2008)
07/14/200890 OPPOSITION/RESPONSE to Motion re: 83 MOTION to Dismiss. Document filed by P. Stephen Lamont. (djc) (Entered: 07/15/2008)
07/14/200891 OPPOSITION/RESPONSE to Motion re: 75 MOTION to Dismiss. Document filed by P. Stephen Lamont. (djc) (Entered: 07/15/2008)
07/14/200892 Co-Plaintiff Lamont's Opposition to the Sate Defendants' Motion to Dismiss. (djc) (Entered: 07/15/2008)
07/14/200893 opposition/RESPONSE to Motion re: 78 MOTION to Dismiss.. Document filed by P. Stephen Lamont. (djc) (Entered: 07/15/2008)
07/14/200894 OPPOSITION/RESPONSE to Motion re: 81 MOTION to Dismiss.. Document filed by P. Stephen Lamont. (djc) (Entered: 07/15/2008)
07/14/200895 RESPONSE to Motion re: 12 MOTION to Dismiss. Document filed by P. Stephen Lamont. (djc) (Entered: 07/15/2008)
07/14/200896 OPPOSITION RESPONSE to Motion re: 66 MOTION to Dismiss.. Document filed by P. Stephen Lamont. (djc) (Entered: 07/15/2008)
07/15/200897 MOTION for Extension of Time To File Responsive Pleadings to Motions to Dismiss & Opposition to Motions to Dismiss; attached are papers in support. Document filed by Eliot I. Bernstein(Individually).(cd) (Entered: 07/17/2008)
07/16/200899 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Appellate Division First Department Departmental Disciplinary Committee served on 6/19/2008, answer due 7/9/2008. Service was accepted by Tom McGowan. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein; P. Stephen Lamont. (jpo) (Entered: 07/21/2008)
07/16/2008100 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Meltzer Lippe Goldstein & Breistone LLP served on 6/19/2008, answer due 7/9/2008. Service was accepted by Tom McGowan. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (tro) (Entered: 07/21/2008)
07/17/200898 ORDER: It is hereby stipulated and agreed that the Clerk's Certificate obtained by plaintiff is vacated. (Signed by Judge Shira A. Scheindlin on 7/17/2008) (jpo) (Entered: 07/17/2008)
07/24/2008101 REPLY MEMORANDUM OF LAW ON BEHALF of Defendants Lewis and MLGB Document filed by Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer. (djc) (Entered: 07/25/2008)
07/28/2008102 REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss.. Document filed by Raymond A. Joao. (pl) (Entered: 07/29/2008)
07/28/2008103 REPLY MEMORANDUM OF LAW in Support re: 81 MOTION to Dismiss.. Document filed by Foley Lardner LLP, Michael C. Grebe, William J. Dick, Douglas A. Boehm, Steven C. Becker. (pl) (Entered: 07/29/2008)
07/28/2008104 SUPPLEMENTAL DECLARATION of Joanna Smith in Support re: 78 MOTION to Dismiss. Document filed by Steven C. Krane(in his official capacity), Kenneth Rubenstein. (pl) (Entered: 07/29/2008)
07/28/2008105 REPLY MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss.. Document filed by Steven C. Krane(in his official capacity), Kenneth Rubenstein. (pl) (Entered: 07/29/2008)
08/01/2008106 ENDORSED LETTER addressed to Judge Schira A. Scheindlin from P. Stephen Lamont dated 7/29/08 re: Request for leave to file a sur reply. ENDORSEMENT: Plaintiff's request to file a sur-reply is denied. (Signed by Judge Shira A. Scheindlin on 8/1/08) (cd) (Entered: 08/04/2008)
08/08/2008107 OPINION AND ORDER that for the reasons stated above, defendants' motions to dismiss are granted. The remaining defendants are dismissed sua sponte. The Clerk of the Court is directed to close these and related motions (documents no. 12,47,48,65,66,68,73,75,78,81,83, and 97 on the docket sheet) and this case re: 75 MOTION to Dismiss, filed by Raymond A. Joao, 47 MOTION to Amend/Correct 1 Complaint, filed by Eliot I. Bernstein, 66 MOTION to Dismiss, filed by Andrew H. Goodman, Virginia State Bar, Noel Sengel, Mary W. Martelino, 83 MOTION to Dismiss, filed by Meltzer Lippe Goldstein & Breistone LLP, Lewis S. Meltzer, 68 MOTION to Dismiss, filed by Eric Turner, Lorraine Christine Hoffman, Kenneth Marvin, John Anthony Boggs, 48 MOTION in Opposition to Defendants Motionto Dismiss Based on Material and Substantial Evidence re: 12 MOTION to Dismiss, filed by Eliot I. Bernstein, 97 MOTION for Extension of Time, filed by Eliot I. Bernstein, 73 MOTION to Dismiss, filed by State of New York Commission of Investigation, 81 MOTION to Dismiss, filed by Michael C. Grebe, Foley Lardner LLP, William J. Dick, Douglas A. Boehm, Steven C. Becker, 12 MOTION to Dismiss, filed by Eric Turner, Lorraine Christine Hoffman, Kenneth Marvin, John Anthony Boggs, The Florida Bar, 65 MOTION re: 60 Order, filed by P. Stephen Lamont, Eliot I. Bernstein, 78 MOTION to Dismiss, filed by Proskauer Rose LLP, Kenneth Rubenstein, Estate of Stephen Kaye, Steven C. Krane. (Signed by Judge Shira A. Scheindlin on 8/8/08) Copies sent by chambers.(cd) (Entered: 08/11/2008)
08/08/2008  Transmission to Judgments and Orders Clerk. Transmitted re: 107 Memorandum & Opinion, to the Judgments and Orders Clerk. (cd) (Entered: 08/11/2008)
08/19/2008108 ORDER: Plaintiffs move for reconsideration of the Opinion and Order dated 8/8/08, in which this Court granted certain defendants' motions to dismiss and dismissed all other defendants sua sponte. The federal courts are simply not the appropriate forum for plaintiffs to seek redress of these grievances. Plaintiffs have not identified any material facts or law overlooked by the Court. Reconsideration is there denied. (Signed by Judge Shira A. Scheindlin on 8/19/08) (tro) (Entered: 08/19/2008)
08/19/2008109 MOTION for Reconsideration and Modification of the Court's August 8,2008 re; 107 Memorandum & Opinion. Document filed by Eliot I. Bernstein(Individually), Eliot I. Bernstein.(jmi) (Entered: 09/11/2008)
09/04/2008112 NOTICE OF APPEAL from 107 Memorandum & Opinion. Document filed by P. Stephen Lamont. Filing fee $ 455.00, receipt number E 662193. Copies mailed to attorney(s) of record: Attorney General, NYS. (tp) (Entered: 09/30/2008)
09/05/2008111 NOTICE OF APPEAL from 107 Memorandum & Opinion. Document filed by Eliot I. Bernstein. Copies mailed to attorney(s) of record: Attorney General, NYS. (tp) (Entered: 09/30/2008)
09/05/2008  Appeal Remark as to 111 Notice of Appeal filed by Eliot I. Bernstein. $455.00 APPEAL FEE DUE. (tp) (Entered: 09/30/2008)
09/23/2008110 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Eric Turner(in his official capacity) served on 8/13/2008, answer due 9/2/2008; Eric Turner(in his individual capacity) served on 8/13/2008, answer due 9/2/2008. Service was made by MAIL. Document filed by Eliot I. Bernstein(Individually); Eliot I. Bernstein. (js) (Entered: 09/24/2008)
09/30/2008  Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 111 Notice of Appeal. (tp) (Entered: 09/30/2008)
09/30/2008  Transmission of Notice of Appeal to the District Judge re: 111 Notice of Appeal. (tp) (Entered: 09/30/2008)
09/30/2008  Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 112 Notice of Appeal. (tp) (Entered: 09/30/2008)
09/30/2008  Transmission of Notice of Appeal to the District Judge re: 112 Notice of Appeal. (tp) (Entered: 09/30/2008)
10/02/2008113 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 111 Notice of Appeal filed by Eliot I. Bernstein 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (tp). (Entered: 10/02/2008)
10/02/2008  Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 111 Notice of Appeal filed by Eliot I. Bernstein were transmitted to the U.S. Court of Appeals. (Total of 4 volumes sent to USCA on 10/3/2008). (nd) (Entered: 10/02/2008)
10/02/2008114 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 112 Notice of Appeal filed by P. Stephen Lamont 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (tp). (Entered: 10/02/2008)
10/02/2008  Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 112 Notice of Appeal filed by P. Stephen Lamont were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/02/2008)
10/08/2008  USCA Case Number 08-4873-cv from the US Court of Appeals, 2nd Circuit assigned to 112 Notice of Appeal filed by P. Stephen Lamont. (nd) (Entered: 10/08/2008)
02/05/2010115 MANDATE of USCA (Certified Copy) as to 111 Notice of Appeal filed by Eliot I. Bernstein USCA Case Number 08-4873-cv. Appellant Bernstein, pro se, move to compel the appointment of counsel and for extensive relief. Upon due consideration, it is hereby ORDERED that the motion is DENIED to the extent it seeks to compel the appointment of counsel and the appeal is DISMISSED because it lacks an arguable basis in law or fact. IT IS FURTHER ORDERED that the remainder of Appellant Bernstein's motion to compel, and all motions that remain pending before this court, are DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 1/27/2010. (nd) (Entered: 02/05/2010)
10/05/2010116 ENDORSED LETTER addressed to Judge Shira Scheindlin from P. Stephen Lamont dated 9/10/2010 re: As an individual Plaintiff in the above referenced case, I respectfully request leave to file a Motion to Re-Open based upon exceptional circumstances that have ensued after your Order and Opinion dismissing the complaint on August 8, 2008. ENDORSEMENT: There is nothing in the Federal Rules of Civil Procedure requiring a party to obtain leave to file a motion to re-open a case. This Court's Pro Se Office can provide guidance as to procedure but cannot offer legal advice. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/5/2010) (jmi) (Entered: 10/06/2010)
10/12/2010117 MOTION to Reopen docket No. 07-cv-11196 based on Exceptional Circumstances. Document filed by P. Stephen Lamont. (Attachments: # 1 part 2)(mro) (Entered: 10/15/2010)
10/19/2010118 ORDER that any defendant who wishes to oppose the Motion to Re-Open must file and serve opposition papers by October 29,2010. If this Court receives opposition papers from any defendant( s), plaintiff's reply will be due by November 5,2010. SO ORDERED. ( Replies due by 11/5/2010.) (Signed by Judge Shira A. Scheindlin on 10/18/2010) (jmi) (Entered: 10/19/2010)
10/21/2010119 NOTICE OF PRO SE REPRESENTATION AND REQUEST FOR EXTENSION OF TIME TO RESPOND TO MOTION TO REOPEN CASE. Document filed by Raymond A. Joao.(mbe) (Entered: 10/29/2010)
10/25/2010120 RESPONSE IN OPPOSITION TO PLAINTIFF LAMONT'S MOTION TO REOPEN CASE. Document filed by Raymond A. Joao. (mbe) (Entered: 10/29/2010)
10/27/2010121 RESPONSE in Opposition to Plaintiffs' Motion to Reopen Docket. Document filed by Steven C. Becker, Douglas A. Boehm, William J. Dick, Foley Lardner LLP. (mro) (Entered: 10/29/2010)
10/27/2010122 PROSKAUER DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO REOPEN DOCKET. Document filed by Proskauer Rose LLP, Kenneth Rubenstein, Steven C. Krane, The Estate of Stephen Rackow Kaye. (mro) (Entered: 10/29/2010)
10/29/2010124 MEMORANDUM OF LAW in Opposition re: 117 MOTION to Reopen Docket. Document filed by State Defendants. (Received in the night deposit box on 10/29/10 at 4:57pm) (mro) (Entered: 11/03/2010)
11/01/2010123 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Monica Connell dated 10/13/2010, re: Counsel writes in response to a "Motion to Re-open Docket" which was sent by fax on October 11, 2010. The motion also seeks the disqualification of the Attorney General from representing the State Defendants in this case. Because this motion is entirely without merit, we ask that the Court accept this letter as opposition to the motion and deny the same. Alternatively, due to pressing briefing schedules in other cases, State defendants ask to have until November 15, 2010 to submit formal opposition. ENDORSEMENT: The State Defendants may file their opposition to plaintiff's motion to re-open by Nov 15, 2010. Plaintiff's reply will then be due by Nov 30, 2010. So Ordered. Set Deadlines as to 117MOTION to Reopen. (Response/Opposition due by 11/15/2010. Replies due by 11/30/2010) (Signed by Judge Shira A. Scheindlin on 10/29/2010) (lnl) (Entered: 11/01/2010)
11/03/2010125 THE FLORIDA BAR DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF LAMONT'S MOTION TO REOPEN CASE. Document filed by John Anthony Boggs(in his individual capacity), Lorraine Christine Hoffman(in her official capacity), Kenneth Marvin(in his official capacity), The Florida Bar, Eric Turner(in his individual capacity). (mro) (Entered: 11/04/2010)
11/10/2010126 ORDER. This Court's endorsement, dated October 29, 2010, to the State Defendants' letter, dated October 13, 2010, is hereby vacated because the State Defendants submitted their opposition without the need for an extension of time. Plaintiff, who has had the State Defendants' Opposition since on or about October 29, 2010, may file his reply by November 15, 2010. No further adjournment requests will be granted. (Signed by Judge Shira A. Scheindlin on 11/9/10) (rjm) (Entered: 11/10/2010)
11/10/2010  Set Deadlines/Hearings: Replies due by 11/15/2010. (rjm) (Entered: 11/10/2010)
11/15/2010127 REPLY TO DEFENDANTS' OPPOSITION TO MOTION TO REOPEN BASED ON EXCEPTIONAL CIRCUMSTANCES. Document filed by P. Stephen Lamont. (mbe) (Entered: 11/16/2010)
12/15/2010128 MEMORANDUM OPINION AND ORDER, #99750 for the reasons stated in this Order, Lamont's Motion to Re-Open is denied. The Clerk of the Court is directed to close the Motion to Re-Open (Document # 117). (Signed by Judge Shira A. Scheindlin on 12/15/10) (pl) Modified on 12/15/2010 (pl). Modified on 12/20/2010 (ajc). (Entered: 12/15/2010)
12/16/2010129 MOTION for Request to Proceed In Forma Pauperis on Appeal. Document filed by P. Stephen Lamont.(kj) (Entered: 12/16/2010)
12/16/2010131 NOTICE OF APPEAL from 128 Memorandum & Opinion. Document filed by P. Stephen Lamont. (tp) (Entered: 12/29/2010)
12/16/2010  Appeal Remark as to 131 Notice of Appeal filed by P. Stephen Lamont. $455.00 APPEAL FEE DUE. IFP DENIED 12/17/10. (tp) (Entered: 12/29/2010)
12/20/2010130 ORDER: Pro se plaintiff P. Stephen Lamont has moved to proceed in forma pauperis on his appeal of this Court's denial of his Motion to Re-Open. Plaintiffs motion is hereby DENIED. (Signed by Judge Shira A. Scheindlin on 12/17/2010) (jfe) (Entered: 12/20/2010)
12/29/2010  Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 131Notice of Appeal. (tp) (Entered: 12/29/2010)
12/29/2010  Transmission of Notice of Appeal to the District Judge re: 131 Notice of Appeal. (tp) (Entered: 12/29/2010)
12/29/2010132 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 131Notice of Appeal filed by P. Stephen Lamont 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 12/29/2010)
12/29/2010  Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 131 Notice of Appeal filed by P. Stephen Lamont were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/29/2010)
01/05/2011133 MEMO ENDORSEMENT on Motion Request to Proceed In Forma Pauperis on Appeal 129 . ENDORSEMENT: Request Denied. So Ordered. (Signed by Judge Shira A. Scheindlin on 12/17/2010) The Pro Se Office Has Mailed Copies. (kj) (Entered: 01/05/2011)
01/06/2011  USCA Case Number 10-5303 from the US Court of Appeals, Second Circuit assigned to 131 Notice of Appeal filed by P. Stephen Lamont. (nd) (Entered: 01/06/2011)
02/15/2011134 ORDER: Plaintiff Stephen Lamont's motion to re-open the above case was closed in a Memorandum Opinion and Order, signed December 15, 2010. Defendant Raymond A. Joao's Notice of Pro Se Representation and Request for Extension of Time to Respond to Motion to Re-Open Case is hereby denied as moot. The Clerk of the Court is directed to close this motion (Document # 119 ). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/14/2011) (lnl) (Entered: 02/15/2011)
02/18/2011  Appeal Record Returned. [4 vols.] Indexed record on Appeal Files for Appeal Record Sent to USCA - File USCA Case Number 08-4873-cv, returned from the U.S. Court of Appeals. (nd) (Entered: 02/22/2011)
05/05/2011135 MANDATE of USCA (Certified Copy) as to 131 Notice of Appeal filed by P. Stephen Lamont USCA Case Number 10-5303-cv. Upon due consideration, it is hereby ORDERED that the motion to proceed in forma pauperis is DENIED and the appeal is DISMISSED because it lacks an arguable basis in law or fact. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/05/2011. (nd) (Entered: 05/05/2011)
08/11/2011  Appeal Record Returned. Indexed record on Appeal Files for Appeal Record Sent to USCA - File USCA Case Number 10-5303, returned from the U.S. Court of Appeals. (nd) (Entered: 11/01/2011)

No comments:

Post a Comment