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15-538 - Goldberg v. Gray, Jr. et al


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15-538 - Goldberg v. Gray, Jr. et al
December 9, 2015
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MEMORANDUM-DECISION and ORDER. It is ORDERED that Plaintiff's 39 cross motion to amend is GRANTED and the Amended Complaint is deemed served and filed this date. Defendants Nixon Peabody, LLP and John Koeppel Esq.'s 25 motion to dismiss for failure to state a cause of action and defendants Gregory P. Edwards and Bennington Investment Management, Inc.'s 30 motion to dismiss are DENIED without prejudice. Defendants are directed to file an Answer or a Motion to Dismiss the Amended Complaint on or before January 8, 2016. Receiver's 34 motion to intervene is GRANTED. Decision concerning the Receivers 34 motion to stay is RESERVED. Defendant Gregory W. Gray Jr.'s 33 letter is STRICKEN. Defendant Gray is directed to file an Answer or a Motion to Dismiss the Amended Complaint on or before January 8, 2016. Failure to file an Answer or a Motion to Dismiss may result in the entry of a default judgment. Signed by Judge David N. Hurd on 12/9/2015. (dpk)
August 2, 2016
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MEMORANDUM, DECISION and ORDER. Defendants Nixon Peabody, LLP and John Koeppel, Esq.'s motion to dismiss the Amended Complaint for failure to state a cause of action, Dkt. No. 60 is GRANTED; defendants Bennington Investment Management, Inc. and Gregory Edwards' motion to dismiss the Amended Complaint for failure to state a cause of action, Dkt. No. 61 is GRANTED in part and DENIED in part; the Amended Complaint against defendants Nixon Peabody, LLP and John Koeppel, Esq. is DISMISSED; Claims 2, 3, 7, 9, and 10-13 in the Amended Complaint against defendants Bennington Investment Management, Inc. and Gregory Edwards are DISMISSED; claims 1, 4, 5 and 6 in the Amended Complaint against defendants Bennington Investment Management, Inc. and Gregory Edwards REMAIN; Plaintiff's motion to amend his complaint, Dkt. No. 69 is DENIED; and the Receiver's motion to stay, Dkt. No. 34 is DENIED. Signed by U.S. District Judge David N. Hurd on 8/2/2016. (lah) [copy served by regular mail on pro se deft Gregory W. Gray Jr.]
August 6, 2018
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DECISION AND ORDER: for the reasons set forth in this Decision and Order it is ORDERED, that Co-Plaintiffs' 162 motion is granted and Steven Amerio and Andrew Goldberg are appointed as co-lead Plaintiffs, and the law firms of Wilentz, Goldman & Spitzer, PA and the Cherundolo Law Firm, PLLC are appointed as co-lead counsel for Plaintiffs; and it is further ORDERED, that Plaintiffs' 167 motion for reconsideration of the process for Plaintiffs' document production is granted and Plaintiffs' document production to Defendant Gray is held in abeyance; and it is further ORDERED, that Defendant Gray's 177 letter motion to temporarily stay this action is denied, however, any discovery between Defendant Gray and any other party is held in abeyance until further Order of this Court; and it is further ORDERED, that Defendant Gray must notify this Court and all counsel within seven (7) days of any change of address or by October 1, 2018, whichever is sooner, of his correct address and contact information, even if he is still in the custody of the Bureau of Prisons. Failure to do so may result in sanctions including, but not limited to, a default judgment being rendered against him; and it is further ORDERED, that Defendant Gray's 180 letter motion to adjourn the Court conference scheduled for 8/15/2018 is granted, and the Court will reschedule the conference by separate Text Notice to all parties. Signed by Magistrate Judge Therese Wiley Dancks on 8/6/2018. (a copy of this Decision and Order has been served on pro se party via regular mail in an envelope clearly marked "LEGAL MAIL.") (sg)