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13-5475 - Official Committee of Unsecured Creditors et ano v. Haltman, et al.


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13-5475 - Official Committee of Unsecured Creditors et ano v. Haltman, et al.
January 12, 2016
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, all of the parties' Objections (Docket Entries 156, 158, 159, 165) are OVERRULED and Judge Tomlinson's R&R (Docket Entry 151) is ADOPTED IN ITS ENTIRETY. Therefore, Plaintiff's motion for sanctions for spoliation of evidence (Docket Entry 92) is GRANTED IN PART, DENIED IN PART, and DEFERRED IN PART. Specifically, (1) Plaintiff's request for the imposition of an adverse inference instruction at trial is GRANTED; (2) Plaintiff's request for a default judgment is DENIED; and (3) the Court DEFERS ruling on Plaintiff's request for attorney fees. Should Plaintiff wish to pursue an award of attorney fees, it shall file a motion pursuant to Federal Rule of Civil Procedure 37 within forty-five (45) days from the date of this Memorandum & Order. The motion must be accompanied by an attorney declaration with appropriate supporting documentation and a memorandum of law. Plaintiff's counsel is directed to serve a copy of this Memorandum & Order upon the pro se Defendants in this case. So Ordered by Judge Joanna Seybert on 1/12/2016. C/ECF (Valle, Christine)
January 13, 2016
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/13/2016. C/ECF (Valle, Christine)MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 152) is ADOPTED in its entirety and the Haltman Defendants' motion to strike (Docket Entry 71) is DENIED. So Ordered by Judge Joanna Seybert on 1
March 22, 2016
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MEMORANDUM & ORDER: Judge Tomlinson's R&R (Docket Entry 179) is ADOPTED in its entirety. Within thirty (30) days of the date of this Order, the LMBK Defendants are HEREBY ORDERED to pay the Mediator $11,847.23 and the Arnold and Sondra Frank Defendants are HEREBY ORDERED to pay the Mediator $19,847.23. Failure to comply with the Courts Order may result in additional sanctions. So Ordered by Judge Joanna Seybert on 3/22/2016. (c/m to Pro Se) (Mahon, Cinthia) Modified on 4/7/2016 to reset document number. (Mahon, Cinthia).
March 25, 2016
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ORDER granting 110 Motion to Compel. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/25/2016. (Roman, Joshua)
September 21, 2016
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MEMORANDUM & ORDER denying 175 Motion for Reconsideration; denying 183 Motion for Attorney Fees; For the foregoing reasons, the Haltman Defendants' motion for reconsideration (Docket Entry 175) is DENIED and Plaintiff's Fee Application (Docket Entry 183) is DENIED WITHOUT PREJUDICE. So Ordered by Judge Joanna Seybert on 9/21/2016. C/ECF (Valle, Christine)
March 21, 2017
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MEMORANDUM & ORDER denying 196 Motion to Dismiss; terminating 201 Motion for Discovery; denying 218 Motion to Appoint Counsel; denying 219 Motion to Withdraw; For the foregoing reasons, Defendant Bruce Frank's motion to dismiss and for reconsideration (Docket Entry 196) is DENIED, Defendant Elise Frank's motion to dismiss (Docket Entry 219) is DENIED, and Defendant Bruce Frank's motion to appoint counsel for his minor children, J.F. and B.F (Docket Entry 218) is DENIED WITHOUT PREJUDICE and with leave to renew. The Clerk of the Court is directed to docket Defendants' motion to dismiss and related briefing (Docket Entries 3-5, 3-6, 3-7, 3-8) as separate entries, designating Docket Entry 3-5 as a motion. Plaintiff's request for a certificate of default (Docket Entry 221) is DENIED WITHOUT PREJUDICE and with leave to renew pending the Court's determination on the motion to dismiss. Additionally, the Clerk of the Court is directed to TERMINATE AS MOOT Plaintiff's motion for a discovery schedule (Docket Entry 201) in light of the passage of the requested deadlines. To prevent further delay, the Court directs that discovery proceed while the motion to dismiss is pending. After conferring, the parties are directed to file a proposed discovery schedule with Judge Tomlinson within twenty (20) days of the date of this Memorandum and Order. The Court finds that a status conference is unnecessary and DENIES Plaintiff's request (Docket Entry 238) at this time. Plaintiff is directed to serve a copy of this Order on the pro se defendants and file proof of service on ECF promptly. So Ordered by Judge Joanna Seybert on 3/21/2017. C/ECF (Valle, Christine)
September 11, 2017
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, Plaintiff's objection is OVERRULED (Docket Entry 257), and the R&Rs (Docket Entries 252, 253) are ADOPTED. Plaintiff's motion to substitute (Docket Entry 227) is GRANTED IN PART and DENIED IN PART. The motion is denied without prejudice and with leave to renew after Ms. Frank's deposition, provided that a personal representative is appointed or the estate has been fully distributed. Plaintiff is directed to conduct the deposition within forty-five (45) days of the date of this Memorandum and Order. Further, Plaintiff is directed to file the renewed motion to substitute within sixty (60) days of the date of this Memorandum and Order. Further, Plaintiff's motion for a default judgment (Docket Entry 233) is GRANTED IN PART and DEFERRED IN PART. The Clerk of the Court is directed to enter a default judgment against Maplewood Associates, Inc. on Counts Five and Thirteen of the Complaint. The calculation of damages against Maplewood is deferred until the claims against the non-defaulting Defendants are resolved. Plaintiff is directed to serve a copy of this Order on the pro se defendants and file proof of service on ECF promptly. So Ordered by Judge Joanna Seybert on 9/11/2017. C/ECF (Valle, Christine)
March 30, 2018
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MEMORANDUM & ORDER: SO ORDERED that the motion to dismiss (Docket Entry 240) is GRANTED IN PART AND DENIED IN PART. The fraudulent conveyance claims, the turnover and accounting claim, and the unjust enrichment claim are DISMISSED WITHOUT PREJUDICE against the C.H. Trust, the Ryann Haltman Trust, the Samantha Haltman Trust, the B.F. Trust, the E.F. Trust, the J.F. Trust, the K.F. Trust, the Barbara Cohen - Linda Haltman Trust, the Murray Cohen - Linda Haltman Trust, the Barbara Cohen - Bruce Frank Trust, the Murray Cohen - Bruce Frank Trust, the Barbara Cohen - Larry Frank Trust, and the Murray Cohen - Larry Frank Trust, Linda Haltman and Michael Haltman as trustees for the C.H. Trust, the Ryann Haltman Trust, and the Samantha Haltman Trust, Bruce Frank and Kathleen Frank as trustees for the B.F. Trust, E.F. Trust, the J.F. Trust, and the K.F. Trust, and Sondra Frank as trustee for the Barbara Cohen - Linda Haltman Trust, the Murray Cohen - Linda Haltman Trust, the Barbara Cohen - Bruce Frank Trust, the Murray Cohen - Bruce Frank Trust, the Barbara Cohen - Larry Frank Trust, and the Murray Cohen - Larry Frank Trust. The aiding and abetting claim is DISMISSED WITHOUT PREJUDICE against Samantha Haltman. The Court GRANTS the Committee leave to amend the Complaint to re-plead the claims dismissed without prejudice within sixty (60) days of the date of this Memorandum and Order. The Complaint is DISMISSED WITH PREJUDICE against C.H., B.F., E.F., J.F., K.F., Ryann Haltman, Linda and Michael Haltman as guardians of C.H., and Bruce and Kathleen Frank as guardians of B.F., E.F., J.F., and K.F. The Clerk of the Court is directed to TERMINATE C.H., B.F., E.F., J.F., K.F., Ryann Haltman, Linda Haltman as guardian of C.H., Michael Haltman as guardian of C.H., Bruce Frank as guardian of B.F., Bruce Frank as guardian of E.F., Bruce Frank as guardian of J.F., Bruce Frank as guardian of K.F., Kathleen Frank as guardian of B.F., Kathleen Frank as guardian of E.F., Kathleen Frank as guardian of J.F., and Kathleen Frank as guardian of K.F. as defendants in this action. Plaintiff is directed to serve a copy of this Memorandum and Order on the pro se Defendants via first class mail or e-mail and file proof of service on ECF promptly. Ordered by Judge Joanna Seybert on 3/30/2018. (Florio, Lisa)