pdf_icon 906 11/28/2016 ORDER granting [903] Motion for an Order approving the 6th interim application of Chiampou Travis Besaw & Kershner LLP for approval of Fees. Signed by Magistrate Judge Christian F. Hummel on 11/23/2016. (tab)G
pdf_icon 905 11/28/2016 ORDER granting [902] Seventh Interim application for Attorney Fees. Signed by Magistrate Judge Christian F. Hummel on 11/23/2016. (tab)
10/31/2016 Mailed copy of the [904] Memorandum-Decision and Order to non cm/ecf parties. (jel, )
pdf_icon 904 10/31/2016 MEMORANDUM-DECISION and ORDER - That the Rabinovich's letter motion to file a sur-reply (Dkt. No. 892) is DENIED. That the Receiver's motion for an order approving of his distribution plan and authorizing interim distributions (Dkt. No. 847) is GRANTED. Signed by Senior Judge Gary L. Sharpe on 10/31/2016. (jel, )
pdf_icon 903 10/14/2016 Sixth MOTION Compensation for Services Rendered Sixth Interim Application of Chiampou Travis Besaw & Kershner LLP for Approval of Fees Motion Hearing set for 11/17/2016 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 10/31/2016 filed by William J. Brown. (Attachments: # (1) Sixth Interim Application, # (2) Exhibit(s) A, # (3) Exhibit(s) B, # (4) Proposed Order/Judgment, # (5) Certificate of Service) Motions referred to Christian F. Hummel. (Brown, William)
pdf_icon 902 10/14/2016 Seventh MOTION for Attorney Fees Motion Hearing set for 11/17/2016 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 10/31/2016 filed by William J. Brown. (Attachments: # (1) Seventh Interim Application of Phillips Lytle LLP and the Receiver for Allowance of Compensation and Reimbursement of Expenses, # (2) Exhibit(s) A, # (3) Exhibit(s) B-1, # (4) Exhibit(s) B-2, # (5) Exhibit(s) C, # (6) Proposed Order/Judgment, # (7) Certificate of Service) (Brown, William)
pdf_icon 901 10/04/2016 Letter Motion dated 9/30/2016, from Claimants David G. Newcomb and Judith A. Newcomb requesting relief in regards to the Pending Distribution Plan in this case. Submitted to Judge Gary L. Sharpe. (mc)
pdf_icon 900 8/25/2016 ORDER granting [898] Letter Motion from David Stoelting for Securities and Exchange Commission requesting entry of proposed Satisfaction of Judgment and Order Discontinuing Asset Freeze as to Relief Defendant Lauren T. Smith. Signed by Senior Judge Gary L. Sharpe on 8/24/2016. (jel, )
pdf_icon 899 08/22/2016 ORDER granting [895] Motion for Attorney Fees; APPROVING SIXTH INTERIM APPLICATION OF PHILLIPS LYTLE LLP AND THE RECEIVER FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES. Signed by Magistrate Judge Christian F. Hummel on 8/18/16. (tab)
pdf_icon 898 08/17/2016 Letter Motion from David Stoelting for Securities and Exchange Commission requesting entry of proposed Satisfaction of Judgment and Order Discontinuing Asset Freeze as to Relief Defendant Lauren T. Smith submitted to Judge Sharpe . (Attachments: # (1) Proposed Order/Judgment)(Stoelting, David)
pdf_icon 897 07/28/2016 ORDER granting [896] Letter Motion from David Stoelting for Securities and Exchange Commission requesting Entry of Proposed Turnover Order and TURNOVER ORDER. Signed by Senior Judge Gary L. Sharpe on 7/28/2016. (jel, )
pdf_icon 896 07/28/2016 Letter Motion from David Stoelting for Securities and Exchange Commission requesting Entry of Proposed Turnover Order submitted to Judge Sharpe . (Attachments: # (1) Proposed Order/Judgment)(Stoelting, David)
pdf_icon 895 07/06/2016 Sixth MOTION for Attorney Fees Notice and Sixth Interim Application of Phillips Lytle LLP and the Receiver for Allowance of Compensation and Reimbursement of Expenses Motion Hearing set for 8/18/2016 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 8/1/2016 filed by William J. Brown. (Attachments: # (1) Sixth Interim Application, # (2) Exhibit(s) A, # (3) Exhibit(s) B-1, # (4) Exhibit(s) B-2, # (5) Exhibit(s) B-3, # (6) Proposed Order/Judgment, # (7) Certificate of Service) (Brown, William)
pdf_icon 894 06/27/2016 MANDATE OF USCA: as to [824] Notice of Appeal filed by Lynn A. Smith, [827] Notice of Appeal filed by Lauren T. Smith, Geoffrey R. Smith, [822] Notice of Appeal filed by David L. Smith. On consideration whereof, it is hereby ORDERED, ADJUDGED, AND DECREED that the order of the said District Court be and hereby is AFFIRMED. [Mandate issued on 6/9/2016.] (mc)
pdf_icon 893 03/18/2016 ORDER granting [890] MOTION to Withdraw 862 Response in Opposition to Motion, Motion of Certain McGinn Smith Investors, Ronald Broast and Linda Broast, to Withdraw from the Objection to the Receiver’s Motion and Plan of Distribution (Doc #862). Signed by Senior Judge Gary L. Sharpe on 3/18/2016. (jel, )
pdf_icon 892 03/18/2016 Letter Motion for Eva Rabinovich, Stan Rabinovich submitted to Judge Sharpe . (Attachments: # (1) Exhibit(s) Certificate of Service)(Glavin, James)
891 03/18/2016 TEXT ONLY ORDER - The Investors’ requests for leave to file a sur-reply in opposition to the receivers motion, (Dkt. Nos. 888-889), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 3/17/2016. (jel, )
pdf_icon 890 03/17/2016 MOTION to Withdraw [862] Response in Opposition to Motion, Motion of Certain McGinn Smith Investors, Ronald Broast and Linda Broast, to Withdraw from the Objection to the Receiver’s Motion and Plan of Distribution (Doc #862) filed by Certain McGinn Smith Investors. (Attachments: # (1) Proposed Order, # (2) Certificate of Service) Motions referred to Christian F. Hummel. (Park, Andrew)
pdf_icon 889 03/15/2016 Letter Motion from Andrew Park, Esq. to Join Stephen Fowler’s Motion to File a Sur Reply [Doc 888] for Certain McGinn Smith Investors requesting to seek leave to file a sur-reply in opposition to the Receiver’s Motion to Approve the Plan of Distribution submitted to Judge Gary L. Sharpe . (Attachments: # (1) Certificate of Service)(Park, Andrew)
pdf_icon 888 03/15/2016 MOTION for Leave to File Sur-Reply filed by Stephen Fowler. (Attachments: # (1) Certificate of Service) Motions referred to Christian F. Hummel. (Westhoff, Bryan)
pdf_icon 887 03/14/2016 CERTIFICATE OF SERVICE by William J. Brown re [885] Order on Motion for Miscellaneous Relief, [886] Sealed Document (Brown, William)
03/14/2016 TEXT ONLY NOTICE of Hearing on Motion [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions : Motion Hearing set for 3/17/2016 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe will be on SUBMIT only. No personal appearances are needed. (jel, )
886 03/14/2016 ***SEALED DOCUMENT by William J. Brown. (jel, )
pdf_icon 885 03/14/2016 ORDER granting [882] Motion MOTION File Confidential Information Under Seal re 847 MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions Receiver’s Motion to File Declaration Containing Confidential Information Under Seal. Signed by Senior Judge Gary L. Sharpe on 3/10/2016. (jel, )
pdf_icon 884 03/09/2016 REPLY to Response to Motion re [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions filed by Securities and Exchange Commission. (Attachments: # (1) Declaration of Service)(Stoelting, David)
pdf_icon 883 03/09/2016 REPLY to Response to Motion re [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions Receiver’s Omnibus Reply to Objections to Motion for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions (linking to docket items 847, 856, 862, 865, 868, 878) filed by William J. Brown. (Attachments: # (1) Appendix Certificate of Service)(Brown, William)
pdf_icon 882 03/09/2016 MOTION to File Confidential Information Under Seal re [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions Receiver’s Motion to File Declaration Containing Confidential Information Under Seal filed by William J. Brown. (Attachments: # (1) Proposed Order/Judgment, # (2) Appendix Certificate of Service) Motions referred to Christian F. Hummel. (Brown, William)
pdf_icon 881 02/23/2016 LETTER dated February 22, 2016 by David Stoelting, Esq., for the SEC and ORDER Setting Hearing on Motion [876] Letter Motion from David Stoelting for Securities and Exchange Commission requesting extension of time to respond to objections to the Receiver’s Plan of Distribution, to March 9, 2016 submitted to Judge Sharpe: (Reply to Response to Motion due by 3/9/2016. Signed by Senior Judge Gary L. Sharpe on 2/23/2016. (jel, )
pdf_icon 880 02/23/2016 LETTER dated February 20, 2016 by William J. Brown, Esq., and ORDER Setting Hearing on Motion [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions: Reply to Response to Motion due by 3/9/2016. Signed by Senior Judge Gary L. Sharpe on 2/23/2016. (jel, )
879 02/23/2016 Text Only Order - Pending before the court is Certain McGinn Smith Investors request, (Dkt. No. 861), for an extension fo time to serve objections to the receiver’s motion to approve the distribution plan. The court GRANTS Certain McGinn Smith Investors request to the extent that the objection and declaration(s) shall be served on all parties in compliance with the courts order issued on February 23, 2016, (Dkt. No. 877), on or before February 24, 2016. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 2/23/2016. (jel, )
878 02/23/2016 ***SEALED DOCUMENT by Certain McGinn Smith Investors. (jel, )
pdf_icon 877 02/23/2016 ORDER - That the application to file under seal is granted. That the Third Party Recovery Investors shall serve unredacted versions of the Declaration of Bruce P. Coffin; the Supplemental Declaration of Bonnie R. Golub; and related documentation on all parties, to supplement the filed Objection to the Receiver’s Motion to approve the proposed plan of distribution (Dkt. No. 862). That the parties shall maintain the confidentiality of the information and documents filed under seal. Signed by Senior Judge Gary L. Sharpe on 2/23/2016. (jel, )
pdf_icon 876 02/22/2016 Letter Motion from David Stoelting for Securities and Exchange Commission requesting extension of time to respond to objections to the Receiver’s Plan of Distribution, to March 9, 2016 submitted to Judge Sharpe . (Attachments: # (1) Declaration of Service)(Stoelting, David)
pdf_icon 875 02/22/2016 ORDER granting [870] Motion for Limited Admission Pro Hac Vice fpr Andrew Park Esq. as to Certain McGinn Smith Investors (interested parties). Signed by Magistrate Judge Christian F. Hummel on 2/22/16. (tab)
pdf_icon 874 02/22/2016 ORDER granting [869] Motion for Limited Admission Pro Hac Vice for Walter Weir, Jr., Esq. as to Certain McGinn Smith Investors (interested parties). Signed by Magistrate Judge Christian F. Hummel on 2/22/16. (tab)
pdf_icon 873 02/20/2016 Letter Motion from William J. Brown, Receiver for William J. Brown requesting Extension of Time submitted to Judge Gary L. Sharpe . (Brown, William)
pdf_icon 872 02/18/2016 NOTICE by Certain McGinn Smith Investors re [862] Response in Opposition to Motion, [861] Letter Motion from Bonnie R. Golub for Certain McGinn Smith Investors joining in the request of Stephen Fowler counsel for Sheldon L. Solow for Certain McGinn Smith Investors requesting Extension of Time to File and Serve Objection and Decla (Golub, Bonnie)
pdf_icon 871 02/17/2016 AFFIDAVIT of Service for Unredacted Copies of (i) Stephen Fowler’s Objection to the Receiver’s Motion for an Order Approving Plan of Distribution of Estate Assets; and (ii) Declaration of Stephen Fowler in Support of Objection to the Receiver’s Motion for an Order Approving Plan of Distribution of Estate Assets on 02/16/2016, filed by Stephen Fowler. (Solow, Sheldon)
pdf_icon 870 02/17/2016 MOTION for Limited Admission Pro Hac Vice of Andrew Park, Esquire Filing fee $100, receipt number 0206-3575468. filed by Certain McGinn Smith Investors. Motions referred to Christian F. Hummel. (Golub, Bonnie)
pdf_icon 869 02/17/2016 MOTION for Limited Admission Pro Hac Vice of Walter Weir, Jr., Esquire Filing fee $100, receipt number 0206-3575444. filed by Certain McGinn Smith Investors. Motions referred to Christian F. Hummel. (Golub, Bonnie)
pdf_icon 868 02/17/2016 RESPONSE to Motion re [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions filed by Eva Rabinovich, Stan Rabinovich. (Attachments: # (1) Affidavit In Support of Response, # (2) Certificate of Service)(Glavin, James)
867 02/17/2016 Text Only Order - Pending before the court is Stephen Fowler’s request, (Dkt. No. 858), for an extension fo time to serve objections to the receiver’s motion to approve the distribution plan. The court GRANTS Fowler’s request to the extent that his objection and declaration order issued on February 16, 2016, (Dkt. No. 866), shall be served on all parties in compliance with the courts on or before February 18, 2016. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 2/16/2016. (jel, )
pdf_icon 866 02/17/2016 ORDER - That the motion to file under seal is granted. That Mr. Fowler shall serve an unredacted version of the Objection and Declaration on all parties. That the recipients of the Objection and Declaration must keep the information contained therein confidential and may use such information solely in connection with this case. Signed by Senior Judge Gary L. Sharpe on 2/16/2016. (jel, )
865 02/17/2016 ***SEALED DOCUMENT by Stephen Fowler. (jel, )
864 02/17/2016 ***SEALED DOCUMENT by Stephen Fowler. (jel, )
pdf_icon 863 02/16/2016 RESPONSE to Motion re [861] Letter Motion from Bonnie R. Golub for Certain McGinn Smith Investors joining in the request of Stephen Fowler counsel for Sheldon L. Solow for Certain McGinn Smith Investors requesting Extension of Time to File and Serve Objection and Decla Response of Receiver to Motion of Stephen Fowler to File Under Seal filed by William J. Brown. (Attachments: # (1) Certificate of Service)(Brown, William)
pdf_icon 862 02/16/2016 RESPONSE in Opposition re [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions filed by Certain McGinn Smith Investors. (Attachments: # (1) Exhibit(s) A, # (2) Memorandum of Law, # (3) Declaration, # (4) Certificate of Service)(Golub, Bonnie)
pdf_icon 861 02/16/2016 Letter Motion from Bonnie R. Golub for Certain McGinn Smith Investors joining in the request of Stephen Fowler counsel for Sheldon L. Solow for Certain McGinn Smith Investors requesting Extension of Time to File and Serve Objection and Declaration submitted to Judge Gary L. Sharpe . (Golub, Bonnie)
pdf_icon 860 02/16/2016 NOTICE of Appearance by Bonnie R. Golub on behalf of Certain McGinn Smith Investors (Golub, Bonnie)
pdf_icon 859 02/16/2016 NOTICE of Appearance by James H. Glavin, IV on behalf of Stan Rabinovich, Eva Rabinovich (Glavin, James)
pdf_icon 858 02/12/2016 Letter Motion from Sheldon L. Solow for Stephen Fowler requesting An Extension of Time to Serve (i) Mr. Fowler’s Objection to the Receiver’s Motion to Approve the Distribution Plan [Dkt. No. 847] and (ii) the Supporting Declaration submitted to Judge Gary L. Sharpe . (Solow, Sheldon)
pdf_icon 857 02/11/2016 NOTICE of Appearance by Kevin Laurilliard on behalf of Joseph Allegretta, Suzanne Allegretta, JAT Construction Co., Inc. Defined Benefit Pension Plan (Laurilliard, Kevin)
pdf_icon 856 01/29/2016 RESPONSE in Opposition re [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions filed by JAT Construction Co., Inc. Defined Benefit Pension Plan, Joseph Allegretta, Suzanne Allegretta. (Laurilliard, Kevin)
pdf_icon 855 01/27/2016 ORDER granting [853] Motion for Limited Admission Pro Hac Vice of Bryan M. Westhoff, Esq. on behalf of Stephen Fowler. Signed by Magistrate Judge Christian F. Hummel on 1/26/16. (tab)
pdf_icon 854 01/27/2016 ORDER granting [852] Motion for Limited Admission Pro Hac Vice of Sheldon L. Solow, Esq. on behalf of Stephen Fowler. Signed by Magistrate Judge Christian F. Hummel on 1/26/16. (tab)
pdf_icon 853 01/15/2016 MOTION for Limited Admission Pro Hac Vice of Bryan M. Westhoff Filing fee $100, receipt number 0206-3542130. filed by Stephen Fowler. Motions referred to Christian F. Hummel. (Rothman, Alan)
pdf_icon 852 01/15/2016 MOTION for Limited Admission Pro Hac Vice of Sheldon L. Solow Filing fee $100, receipt number 0206-3542069. filed by Stephen Fowler. Motions referred to Christian F. Hummel. (Rothman, Alan)
851 01/14/2016 TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Scheduling Conference held on 1/14/2016, Set Deadlines/Briefing Schedule as to [847] MOTION Motion of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions : Response to Motion due by 2/16/2016, Reply to Response to Motion due by 2/29/2016. Motion Hearing set for 3/17/2016 before Senior Judge Gary L. Sharpe. This motion will be taken on Submit unless otherwise notified. Receiver William Brown, Esq. appeared in person and a number of interested parties and counsel participated by phone. All appearances were made on the record. (Court Reporter FTR RECORDED) (tab)
850 01/05/2016 TEXT ORDER granting [848] Letter Request for a conference to be scheduled. A Scheduling Conference has been set for Thursday, 1/14/2016 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Any party wishing to appear via telephone for this conference can join the conference by dialing in at 1-888-684-8852, enter access code 9772719 and security code 1234. Authorized by Magistrate Judge Christian F. Hummel on 1/5/16. (Please note that this conference is not a Motion Hearing Date, but a scheduling conference in order to set a briefing schedule for [847] MOTION of William J. Brown, as Receiver, for an Order (I) Approving Plan of Distribution of Estate Assets and (II) Authorizing Interim Distributions filed by William J. Brown.) (tab)
pdf_icon 849 01/05/2016 ORDER APPROVING FIFTH INTERIM APPLICATION OF CHIAMPOU TRAVIS BESAW & KERSHNER LLP FOR APPROVAL OF FEES: It is ORDERED that the # 846 Application is approved such that compensation for services rendered between June 30, 2013 and April 18, 2015 in the amount of $109,947.90 is allowed as an interim allowance. It is further ORDERED that the Receiver is authorized and directed to pay the amounts as allowed pursuant to this Order. Signed by Magistrate Judge Christian F. Hummel on 1/4/2016. (mc) Modified on 1/4/2016 copy sent to pro se defendant Nancy McGinn via regular mail. (mc) (Entered: 01/04/2016)