Doc. No. |
Dates |
Description |
|
Filed: | 05/01/2002 |
Entered: | 11/18/2002 |
|
Terminated Case |
Docket Text: Case closed. (ae)
|
|
Filed: | 05/01/2002 |
Entered: | 01/13/2004 |
|
Bench Trial Decision |
Docket Text: BENCH TRIAL DECISION.(rag, )
|
109 |
Filed: | 05/01/2002 |
Entered: | 05/06/2002 |
|
Endorsed Letter |
Docket Text: Memo-Endorsement on letter
addressed to Judge Martin, Jr. from Jamie B.W. Stecher, dated 3/27/02;
granting plaintiffs request not to pursue his claims against Mr.
Greenfest following the remand from the Second Circuit. Needless to say,
this election does not pertain to Mr. Bartel's claims against Ms.
Burton, and the order should be careful to distinguish between them . (
signed by Judge John S. Martin ); Copies mailed. (pl)
|
108 |
Filed: | 04/30/2002 |
Entered: | 05/01/2002 |
|
USCA Mandate |
Docket Text: MANDATE OF USCA (certified copy)
Re: A petition for panel rehearing having been filed herein by Nancy
Burton. It is ordered that said petition be and it hereby is denied.
Issued as Mandate: 4/18/02, 99-9401 Roseann B. MacKechnie, Clerk,
U.S.C.A. (sb)
|
|
Filed & Entered: | 03/07/2002 | |
Case Reopened |
Docket Text: Case reopened. (sb)
|
107 |
Filed & Entered: | 02/05/2002 | |
USCA Mandate |
Docket Text: MANDATE OF USCA (certified copy)
Re: [73-1] appeal, [78-1] appeal, [79-1] cross appeal by Paul J.
Bartel. It is hereby ordered, adjudged and decreed that the judgment of
said District Court be and it hereby is affirmed in part, and vacated
and remanded in part. Issued as Mandate: 12/27/01, 99-9401(L), 99-9410
(CON), 00-7019(XAP) Roseann B. MacKechnie, Clerk, U.S.C.A. (sb)
|
106 |
Filed & Entered: | 03/01/2001 | |
Transcript |
Docket Text: Transcript of record of proceedings before Judge John S. Martin for the date(s) of 12/6/00. (kkc)
|
105 |
Filed: | 12/12/2000 |
Entered: | 12/13/2000 |
|
Order |
Docket Text: ORDER; granting [104-1] motion
for supervision regarding appeal transcript; denying [103-1] motion for
production by plntf of certain records and documents relative to issues
pending on appeal . ( signed by Judge John S. Martin ); Copies mailed.
(pl)
|
103 |
Filed: | 10/30/2000 |
Entered: | 11/02/2000 |
Terminated: | 12/12/2000 | |
Motion to Produce |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for production by plntf of certain records and documents relative
to issues pending on appeal ; Return date not indicated (cd)
|
104 |
Filed: | 10/30/2000 |
Entered: | 11/02/2000 |
Terminated: | 12/12/2000 | |
Motion for Miscellaneous Relief |
Docket Text: NOTICE OF MOTION by Jennifer A. Renard for supervision regarding appeal transcript ; Return date not indicated (cd)
|
102 |
Filed & Entered: | 05/31/2000 | |
Order |
Docket Text: ORDER; the application by Mark
Greenfest is to be removed from the clerk's record, and thus relieved,
as an atty for deft, is hereby granted. ( signed by Judge John S. Martin
); Copies mailed. (sac)
|
101 |
Filed: | 05/10/2000 |
Entered: | 05/11/2000 |
|
Endorsed Letter |
Docket Text: Memo-Endorsement on letter
addressed to Judge Martin, Jr. from Nancy Burton, dated 5/5/00. granting
Movant Nancy Burton's request for permission to prepare a statement of
the evidence or proceedings on such date, in accordance with Rule 10(c) .
( signed by Judge John S. Martin ); Copies mailed. (pl) Modified on
05/11/2000
|
100 |
Filed: | 05/03/2000 |
Entered: | 05/05/2000 |
|
Order |
Docket Text: ORDER; the Court has received
Nancy Burton's request for all "correspondence and records of
communications between Your Chambers and clerks and Mr. Stecher, pltff's
counsel." The only communications the Court or its chambers may have
had with Mr. Stecher in which Ms. Burton did not participate are calls
in which Mr. Stecher was asked to contact Ms. Burton to arrange a
telephone conference. The Court does not maintain a record of such
calls. Therefore, the request is denied. ( signed by Judge John S.
Martin ); Copies mailed. (sac)
|
98 |
Filed & Entered: | 04/13/2000 | |
Endorsed Letter |
Docket Text: Memo-Endorsement on letter
addressed to Judge martin from Nancy Burton, dated 4/12/00; Nancy Burton
writes to request a copy of all e-mail correspondence between Judge
Martin's Chambers and Mr. Stecher. The prior letter is clear on this
issue . ( signed by Judge John S. Martin ); Copies mailed. (jp)
|
97 |
Filed & Entered: | 04/03/2000 | Terminated: | 05/01/2002 | |
Appeal Record Sent to USCA - Index |
Docket Text: Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [73-1] appeal. (dt)
|
96 |
Filed & Entered: | 03/07/2000 | |
Order |
Docket Text: ORDER; granting [80-1] motion
for an order pursuant to 28 U.S.C. section 1963 for permission to
register the judgment in this action entered on or about December 20,
1999, in the District of Connecticut, where Nancy Burton resides and
maintains her law practice; a judgment may be registered in another
state upon a showing that the deft does not have sufficient assets in
this state to satisfy the judgment; While Ms. Burton disputes her
liability and contends that Mrs. Renard has sufficient assets in
Connecticut to satisfy the judgment, she does not dispute the fact that
she does not have assets in New York . ( signed by Judge John S. Martin
); Copies mailed. (jp)
|
99 |
Filed: | 03/07/2000 |
Entered: | 04/13/2000 |
|
Transcript |
Docket Text: Transcript of record of proceedings before Judge John S. Martin for the date(s) of 1/6/00. (jp)
|
95 |
Filed: | 03/02/2000 |
Entered: | 03/03/2000 |
|
Order |
Docket Text: Memo endorsed on motion for
continuance; objection to Interrogatories and for order by Nancy Burton;
Motion denied ; (signed by Judge John S. Martin); Copies mailed. (djc)
Modified on 03/06/2000
|
94 |
Filed: | 03/01/2000 |
Entered: | 03/02/2000 |
Terminated: | 03/02/2000 | |
Motion to Continue |
Docket Text: NOTICE OF MOTION by Nancy
Burton; for an Order, that the deposition scheduled to take place on
3/1/00 be continued ; for an Order that the interrogatories directed to
Nancy Burton be stricken as unnecessary, intrusive, overly broad and
violative of attorney-client privilege ; for an Order that should such
discovery be Ordered to proceed, it be conducted under seal to protect
the privacy of Nancy Burton ; Return date not indicated. Request for
production of documents, interrogatories, and notice of deposition
attached. (jp)
|
|
Filed & Entered: | 02/29/2000 | Terminated: | 05/01/2002 | |
USCA Case Number |
Docket Text: USCA Case Number Re: [78-1] appeal, [73-1] appeal, [72-1] appeal USCA NUMBER: 99-9401(L), 99-9410(Con) & 00-7019(Xap). (dt)
|
|
Filed & Entered: | 02/29/2000 | |
Order |
Docket Text: Memo endorsed on motion; denying
[93-1] motion for an extension of time of thirty days within which to
respond to the plaintiff's Request for Production of Documents and
Interrogatories dated January 11, 2000 ( signed by Judge John S. Martin
); Copies mailed. (cd)
|
93 |
Filed: | 02/14/2000 |
Entered: | 02/15/2000 |
Terminated: | 02/29/2000 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for an extension of time of thirty days within which to respond
to the plaintiff's Request for Production of Documents and
Interrogatories dated January 11, 2000 Return date 2/14/00. (djc)
|
89 |
Filed: | 01/31/2000 |
Entered: | 02/01/2000 |
|
Order |
Docket Text: Memo endorsed on copy of motion;
granting [88-1] motion for an extension of time until Monday, January
31, 2000 within which to respond and object to pending motions ( signed
by Judge John S. Martin ); Copies mailed. (cd)
|
90 |
Filed: | 01/31/2000 |
Entered: | 02/01/2000 |
|
Objection (non-motion) |
Docket Text: Objection(s) by Jennifer A.
Renard to [80-1] motion for an order pursuant to 28 U.S.C. section 1963
for permission to register the judgment in this action entered on or
about December 20, 1999, in the District of Connecticut, where Nancy
Burton resides and maintains her law practice . (cd)
|
91 |
Filed: | 01/31/2000 |
Entered: | 02/01/2000 |
|
Affidavit in Support of Motion |
Docket Text: AFFIDAVIT of Nancy Burton by Jennifer A. Renard in support Re: [90-1] miscellaneous (cd)
|
92 |
Filed: | 01/31/2000 |
Entered: | 02/01/2000 |
|
Memorandum of Law in Opposition to Motion |
Docket Text: MEMORANDUM OF LAW by Jennifer A.
Renard in opposition to [80-1] motion for an order pursuant to 28
U.S.C. section 1963 for permission to register the judgment in this
action entered on or about December 20, 1999, in the District of
Connecticut, where Nancy Burton resides and maintains her law practice
(cd)
|
88 |
Filed: | 01/28/2000 |
Entered: | 01/31/2000 |
Terminated: | 01/31/2000 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION of Nancy
Burton, Esq., for an extension of time until Monday, January 31, 2000
within which to respond and object to pending motions ; Return date not
indicated. (djc)
|
87 |
Filed: | 01/26/2000 |
Entered: | 01/27/2000 |
|
Order |
Docket Text: Memo endorsed on motion for
further extension of time; granting Nancy Burton, Esq.'s motion for a
further and final extension of time until 1/28/00 within which to
respond and object to pending motions . ( signed by Judge John S. Martin
); Copies mailed. (sn) Modified on 01/31/2000
|
86 |
Filed: | 01/24/2000 |
Entered: | 01/25/2000 |
Terminated: | 01/26/2000 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION of Nancy Burton
for a further and final extension of time until 1/28/00 within which to
respond and object to pending motions . No return date indicated. (sn)
|
84 |
Filed: | 01/19/2000 |
Entered: | 01/26/2000 |
|
Order |
Docket Text: Memo endorsed on motion;
granting [83-1] motion for an extension of time until Monday, January
24, 200 within which to object to and respond to pending motions; Nancy
Burton's response to motion reset to 1/24/00 for [80-1] motion for an
order pursuant to 28 U.S.C. section 1963 for permission to register the
judgment in this action entered on or about December 20, 1999, in the
District of Connecticut, where Nancy Burton resides and maintains her
law practice ; (signed by Judge John S. Martin); Copies mailed. (djc)
Modified on 01/26/2000
|
85 |
Filed: | 01/19/2000 |
Entered: | 01/21/2000 |
|
Endorsed Letter |
Docket Text: Memo-Endorsement on letter
addressed to Judge Martin from Jamie B.W. Stecher, dated 1/14/00;
granting counsel for pltff-judgment creditor's request to serve by
certified mail, return receipt requested, a restraining notice, on
judgment debtor Nancy Burton, purs. to Rule 69 and CPLR Secs. 5222 and
308[5] . ( signed by Judge John S. Martin ); Copies mailed. (sn)
|
83 |
Filed: | 01/18/2000 |
Entered: | 01/19/2000 |
Terminated: | 01/19/2000 | |
Motion for Extension of Time |
Docket Text: Movant Nancy Burton's NOTICE OF
MOTION for an extension of time until Monday, January 24, 200 within
which to object to and respond to pending motions Return date not
indicated. (djc)
|
82 |
Filed & Entered: | 01/07/2000 | |
Transcript |
Docket Text: Transcript of record of proceedings before Judge John S. Martin for the date(s) of 4/15/99. (ls)
|
|
Filed & Entered: | 01/03/2000 | Terminated: | 05/01/2002 | |
Transmission of Notice of Appeal and Docket Sheet to USCA |
Docket Text: Notice of appeal and certified
copy of docket to USCA: [79-1] cross appeal by Paul J. Bartel ; Copy of
notice of appeal sent to District Judge. (dt)
|
79 |
Filed & Entered: | 01/03/2000 | Terminated: | 02/05/2002 | |
Notice of Cross Appeal |
Docket Text: NOTICE OF CROSS-APPEAL by Paul
J. Bartel ; from ; a Judgment of this Court dated December 16 and
entered December 20, 1999. Copies mailed to the attorneys of record:
Mark Greenfest, Nancy Burton, Jeremie H. Manual and Jennifer Renard.
$105.00 Appeal filing fee paid January 3, 2000 on receipt # E 362901.
(dt)
|
80 |
Filed: | 01/03/2000 |
Entered: | 01/04/2000 |
Terminated: | 03/07/2000 | |
Motion for Miscellaneous Relief |
Docket Text: NOTICE OF MOTION by Paul J.
Bartel; for an order pursuant to 28 U.S.C. section 1963 for permission
to register the judgment in this action entered on or about December 20,
1999, in the District of Connecticut, where Nancy Burton resides and
maintains her law practice ; w/ attch. Stecher Affidavit of Support;
Return date: 1/25/00. (pl)
|
81 |
Filed: | 01/03/2000 |
Entered: | 01/04/2000 |
|
Memorandum of Law in Support of Motion |
Docket Text: MEMORANDUM OF LAW by Paul J.
Bartel in support of [80-1] motion for an order pursuant to 28 U.S.C.
section 1963 for permission to register the judgment in this action
entered on or about December 20, 1999, in the District of Connecticut,
where Nancy Burton resides and maintains her law practice (pl)
|
|
Filed & Entered: | 12/29/1999 | Terminated: | 05/01/2002 | |
Transmission of Notice of Appeal and Docket Sheet to USCA |
Docket Text: Notice of appeal and certified copy of docket to USCA: [73-1] appeal ; Copy of notice of appeal sent to District Judge. (mh)
|
78 |
Filed: | 12/28/1999 |
Entered: | 12/29/1999 |
Terminated: | 05/01/2002 | |
Notice of Appeal |
Docket Text: NOTICE OF APPEAL ; from Mark
Greenfest. Copies of notice of appeal mailed to Attorney(s) of Record:
Nancy Burton, Jeremy H. Manuel, Jaqueline Auerbach, Stecher Jaglom.
(Filing fee in the amount of $105.00 paid on 12/28/99 on reciept
#362765.) (mh)
|
77 |
Filed: | 12/22/1999 |
Entered: | 12/27/1999 |
|
Order |
Docket Text: ORDER; granting [64-1] motion
for permission for Nancy Burton to withdraw her appearance in this
matter on behalf of the deft, Jennifer A. Renard. ( signed by Judge John
S. Martin ); Copies mailed. (sac)
|
75 |
Filed: | 12/17/1999 |
Entered: | 12/20/1999 |
|
Judgment |
Docket Text: JUDGMENT #99,3053; that pltff
Paul J. Bartel, of 1038 W. North Bend Road, Cincinnati, OH 45224-2280,
does recover of (i) deft Jennifer Renard, who resides at 2133 Polo
Gardens Drive (No. 102), Wellington, FL, 33414, and who also has an
address of 336 Hammocks Trail, West Palm Beach, FL 33413, and (ii) Nancy
Burton, who resides at 147 Cross Highway, Redding Ridge, CT 06876, and
(iii) Mark Greenfest, who resides at 22 Peachtree Lane, Roslyn Heights,
NY 11577, jointly and severally, the sum of $46,285.03, and that pltff
shall have execution therefor; ( signed by Judge John S. Martin );
mailed copies and notice of right to appeal; Entered On Docket: 12/20/99
(ls)
|
76 |
Filed: | 12/17/1999 |
Entered: | 12/21/1999 |
|
Endorsed Letter |
Docket Text: Memo-Endorsement on letter
addressed to Judge Martin from Jamie B.W. Stecher, dated 12/15/99;
plaintiff request pursuant to Rule 2(a) a pre-motion conference; motion
may be filed respondent is to have three weeks from the service of the
motion to respond . ( signed by Judge John S. Martin ); Copies mailed.
(pl)
|
74 |
Filed: | 12/13/1999 |
Entered: | 12/14/1999 |
|
Order |
Docket Text: MEMORANDUM ORDER; by order dated
10/27/99, the Court found that Jennifer Renard, Nancy Burton and Mark
Greenfest were liable to pltff for the excessive costs he incurred as a
result of their conduct. The opinion found that the respondents were
liable to pltff for excess legal fees and expesnes in the amount of
$41,335.03. By letter of 10/29/99, counsel for pltff noted that the
Court had not ruled on pltff's request for reimbursement of other
expenses he had incurred in the amount of $5,050 in connection with an
unsuccessful trip to obtain custody of the property at issue and his
request for $21,002.50 for legal fee incurred in making the sanction's
motion. The $5,050 is an amount that pltff is entitled to recover from
the respondents since those expenses resulted directly from their
obstructionist conduct. In the exercise of its direction, however, the
court will order the respondents to pay pltff's additional legal fees. (
signed by Judge John S. Martin ); Copies mailed. (sac) Modified on
12/17/1999
|
|
Filed & Entered: | 11/24/1999 | Terminated: | 05/01/2002 | |
Transmission of Notice of Appeal and Docket Sheet to USCA |
Docket Text: Notice of appeal and certified copy of docket to USCA: [73-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
|
73 |
Filed & Entered: | 11/24/1999 | Terminated: | 05/01/2002 | |
Notice of Appeal |
Docket Text: NOTICE OF APPEAL by Nancy
Burton, counsel to the Defendant, Jennifer A. Renard ; from [71-1] order
plntf has established that respondents' conduct caused him to incur
legal fees and expenses in the amount of $41,335.03, and judgment shall
be entered for that amount jointly and severally against Jennifer
Renard, Nancy Burton, and Mark Grenfest, [71-2] relief . Copies of
notice of appeal mailed to Attorney(s) of Record: Jamie B. Stecher,
Esq., Mark Greenfest and Jeremy H. Manuel. $105.00 Appeal filing fee
paid November 24, 1999 on receipt # E 360177. (dt)
|
|
Filed & Entered: | 11/22/1999 | Terminated: | 05/01/2002 | |
Transmission of Notice of Appeal and Docket Sheet to USCA |
Docket Text: Notice of appeal and certified copy of docket to USCA: [72-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)
|
72 |
Filed & Entered: | 11/22/1999 | Terminated: | 05/01/2002 | |
Notice of Appeal |
Docket Text: NOTICE OF APPEAL by Mark W.
Greefest, Respondent herein in the above named case ; from [71-1] order
plntf has established that respondents' conduct caused him to incur
legal fees and expenses in the amount of $41,335.03, and judgment shall
be entered for that amount jointly and severally against Jennifer
Renard, Nancy Burton, and Mark Grenfest, [71-2] relief . Copies of
notice of appeal mailed to Attorney(s) of Record: Jamie B.W. Stecher,
Nancy Burton and Jacqueline Auerbach. $105.00 Appeal filing fee paid
November 22, 1999 on receipt # E 360029. (dt)
|
71 |
Filed: | 10/27/1999 |
Entered: | 10/29/1999 |
|
Order |
Docket Text: ORDER, plntf has established
that respondents' conduct caused him to incur legal fees and expenses in
the amount of $41,335.03, and judgment shall be entered for that amount
jointly and severally against Jennifer Renard, Nancy Burton, and Mark
Grenfest ( signed by Judge John S. Martin ); Copies mailed; doc sent for
jgmnt (cd)
|
70 |
Filed: | 05/04/1999 |
Entered: | 05/05/1999 |
Terminated: | 05/01/2002 | |
Reply Affidavit in Support of Motion |
Docket Text: Reply affidavit of Jamie B.W.
Stecher by Paul J. Bartel in further support of [59-1] motion for an
order, purs. to Rule 70, FRCP, releasing to the pltff the entire
contents of the deft's storage spaces in the Day & Meyer Warehouse
(ls)
|
68 |
Filed: | 04/16/1999 |
Entered: | 04/19/1999 |
|
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
to Judge Martin from Jamie B.W. Stecher dated 04/15/99, requests an
extension of time of seven days to respond to Ms. Burton's application
to withdraw. (signed by Judge John S. Martin) (djc)
|
69 |
Filed: | 04/16/1999 |
Entered: | 04/19/1999 |
|
Judgment |
Docket Text: ORDER & JUDGMENT. Plaintiff
has moved, inter alia, purs to Rule 70, FRCP., for an order releasing to
him the entire contents of the defendant's storage spaces in the Day
& Meyer Warehouse, provided he can satisfy the Warehouse lien for
not more than $21,000; and he can satisfy or secure the tax lien
asserted by the New York State Dept. of Taxation and Finance for not
more than $2,500. Both the Purchase Property and the other Property are
the subject of liens asserted by the Warehouse and by the NY State Dept.
of Taxation and Finance. Plaintiff's counsel has advised the court that
the Warehouse lien upon the Purchased Property and the other Property
can be satisfied with a payment of $19,235.24, but only if all property
now located in defendant's storage areas in the Warehouse is removed by
the end of April 1999. Provided that plaintiff satisfies the Warehouse
lien he may remove the Purchased Property and the Other Property from
the Warehouse at his earliest convenience; Defendant shall have the
right, for the sixty days following the making of this order, to
reimburse plaintiff for the amount paid to the Warehouse and to take
possession of the Other Property. The Court reserves decision on the
other matters requested in plaintiff's Notice of Motion dated March 18,
1999, and in Ms. Burton's application to be relieved as counsel for
defendant. ( signed by Judge John S. Martin ); Mailed copies and notice
of right to appeal. Entered on 04/19/99 (djc)
|
67 |
Filed: | 04/15/1999 |
Entered: | 04/16/1999 |
|
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
to Judge Martin from Nancy Burton dated 04/14/99, counsel requests a
continuance of the hearing scheduled for April 15, 1999. In light of Ms.
Burton's affidavit indicating she is unable to communicate with her
client and the late notice of her unavailability, the application to
adjourn the conference is denied but her presence is excused. (signed by
Judge John S. Martin) (djc)
|
66 |
Filed: | 04/13/1999 |
Entered: | 04/15/1999 |
|
Order |
Docket Text: Memo endorsed on copy of motion,
docmt #63; granting [63-1] motion for an extension of time until
4/12/99 within which to respond fully to the pending mattes before the
Court ( signed by Judge John S. Martin ); Copies mailed. (djc)
|
64 |
Filed: | 04/12/1999 |
Entered: | 04/15/1999 |
Terminated: | 12/22/1999 | |
Motion to Withdraw as Attorney |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for permission for Nancy Burton to withdraw her appearance in
this matter on behalf of the deft, Jennifer A. Renard . Return date not
indicated. Affidavit of Nancy Burton in support attached. (pl) Modified
on 04/15/1999
|
65 |
Filed: | 04/12/1999 |
Entered: | 04/15/1999 |
|
Memorandum of Law in Opposition to Motion |
Docket Text: MEMORANDUM by Jennifer A. Renard
in opposition to [59-1] motion for an order, purs. to Rule 70, FRCP,
releasing to the pltff the entire contents of the deft's storage spaces
in the Day & Meyer Warehouse and [59-2] motion for an order, purs.
to Rule 70, FRCP, adjudging deft Jennifer Renard in further contempt of
Court, and purs. to Section 1927 of the Judicial Code, adjudging her
attorneys, Nancy Burton and Mark W. Greenfest, in violation thereof, and
adjudging them all liable, jointly and severally, to pay pltff the
expenses they have needlessly caused him to bear (pl) Modified on
04/15/1999
|
63 |
Filed: | 04/09/1999 |
Entered: | 04/13/1999 |
Terminated: | 04/13/1999 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for an extension of time until 4/12/99 within which to respond
fully to the pending mattes before the Court , Return date not indicated
(cd)
|
62 |
Filed: | 03/31/1999 |
Entered: | 04/02/1999 |
|
Order |
Docket Text: ORDER, the plaintiff's motion
for Rule 70 relief and for sanctions or other relief, dated 03/18/99
with respect for all relief alleged against Mark W. Greenfest is
adjourned ; Mark Greenfest has until 04/23/99 to serve answering papers
either pro se or by counsel. (signed by Judge John S. Martin) Copies
mailed (djc) Modified on 11/22/1999
|
59 |
Filed: | 03/23/1999 |
Entered: | 03/29/1999 |
Terminated: | 04/16/1999 | |
Motion for Miscellaneous Relief |
Docket Text: NOTICE OF MOTION by Paul J.
Bartel for an order, purs. to Rule 70, FRCP, releasing to the pltff the
entire contents of the deft's storage spaces in the Day & Meyer
Warehouse , and for an order, purs. to Rule 70, FRCP, adjudging deft
Jennifer Renard in further contempt of Court, and purs. to Section 1927
of the Judicial Code, adjudging her attorneys, Nancy Burton and Mark W.
Greenfest, in violation thereof, and adjudging them all liable, jointly
and severally, to pay pltff the expenses they have needlessly caused him
to bear . Return date not indicated. Affidavit of Jamie B.W. Stecher in
support attached. (emil)
|
60 |
Filed: | 03/23/1999 |
Entered: | 03/29/1999 |
|
Memorandum of Law in Support of Motion |
Docket Text: MEMORANDUM by Paul J. Bartel in
support of [59-1] motion for an order, purs. to Rule 70, FRCP, releasing
to the pltff the entire contents of the deft's storage spaces in the
Day & Meyer Warehouse, [59-2] motion for an order, purs. to Rule 70,
FRCP, adjudging deft Jennifer Renard in further contempt of Court, and
purs. to Section 1927 of the Judicial Code, adjudging her attorneys,
Nancy Burton and Mark W. Greenfest, in violation thereof, and adjudging
them all liable, jointly and severally, to pay pltff the expenses they
have needlessly caused him to bear (emil)
|
61 |
Filed: | 03/23/1999 |
Entered: | 03/29/1999 |
|
Affidavit in Support of Motion |
Docket Text: AFFIDAVIT in support of Paul J.
Bartel by Paul J. Bartel Re: [59-1] motion for an order, purs. to Rule
70, FRCP, releasing to the pltff the entire contents of the deft's
storage spaces in the Day & Meyer Warehouse, [59-2] motion for an
order, purs. to Rule 70, FRCP, adjudging deft Jennifer Renard in further
contempt of Court, and purs. to Section 1927 of the Judicial Code,
adjudging her attorneys, Nancy Burton and Mark W. Greenfest, in
violation thereof, and adjudging them all liable, jointly and severally,
to pay pltff the expenses they have needlessly caused him to bear
(emil)
|
58 |
Filed: | 03/11/1999 |
Entered: | 03/12/1999 |
|
Order |
Docket Text: ORDER, an in-person conference
has been scheduled in this matter in Courtroom 15C on April 15, 1999 at
4:00 p.m. Counsel for the parties, Ms. Auerbach of the New York State
Dept of Taxation and Finance, and Ms. Auerbach's supervisor are to
appear in-person for this conference (signed by Judge John S. Martin);
Copies mailed (djc)
|
57 |
Filed & Entered: | 03/05/1999 | |
Order |
Docket Text: ORDER; Ms. Burton, therefore, is
ordered to respond to the subpoena and request for information with the
principles in mind. To the extent she has a good faith basis to assert
the atty-client privilege in response to any particular request she may
do so, but she should specifically identify the date, author and
recipient of the document and the reason she believes it is privileged ;
Ms. Burton's response shall be served by mail on Mr. Stecher no later
than 3/17/99 ( signed by Judge John S. Martin ); Copies mailed (sac)
|
|
Filed: | 02/08/1999 |
Entered: | 02/11/1999 |
|
Remark |
Docket Text: Terminated document 40-1 pursuant to instructions of Judge Martin. (rag)
|
56 |
Filed: | 01/25/1999 |
Entered: | 01/26/1999 |
Terminated: | 01/25/1999 | |
Motion to Quash |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for an order, to quash subpoenas ; Return date not indicated.
(sac) Modified on 07/27/1999
|
55 |
Filed: | 01/08/1999 |
Entered: | 01/11/1999 |
|
USCA Mandate |
Docket Text: MANDATE OF USCA (certified copy)
Re: af [21-1] appeal by Jennifer A. Renard, IT IS HEREBY ORDERED,
ADJUDGE AND DECREED thta the judgment of the District Court be and it
hereby is affirmed. (98-7229) Carolyn Clark Campbell, Clerk, U.S.C.A.
(dt)
|
54 |
Filed: | 11/10/1998 |
Entered: | 11/12/1998 |
|
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
by Jamie B.W. Stecher to Judge Martin dated 11/6/98, granting
plaintiff's request allowing him to effect service of both subpoenas in
aid of judgment-enforcement addressed to defendant-judgment debtor
Jennifer Ranard, and also to Ms. Burton by mailing them to Ms. Burton,
in view of Ms. Renard's apparent relocation to the United Kingdom, and
the fact that Ms. Burton does not have an office for the practice of law
anywhere in this District ( signed by Judge John S. Martin ) (ae)
Modified on 11/22/1999
|
53 |
Filed & Entered: | 10/02/1998 | |
Transcript |
Docket Text: Transcript of record of proceedings filed for dates of 8/14/98. (bw)
|
50 |
Filed & Entered: | 09/24/1998 | |
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
to Judge Martin from Nancy Burton, Esq. dated 9/18/98; granting Nancy
Burton, Esqs'. request for an extension of time until Tuesday, 9/22/98
to provide the Court w/ a full report on the status of Mrs. Renard's
condition ; ( signed by Judge John S. Martin ) (ls)
|
51 |
Filed & Entered: | 09/24/1998 | |
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
addressed to Jduge Martin from Nancy Burton, Esq., dated 9/22/98,
granting Ms. Burton's request for an additional one-day extension to
provide the Court with a full report on the status of Ms. Renard's
condition. ( signed by Judge John S. Martin ) (jp)
|
52 |
Filed: | 09/24/1998 |
Entered: | 09/25/1998 |
|
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
to Judge Martin from Nancy Burton, Esq., dated 09/23/98, Nancy Burton
requests an extension of time to submit a full report as to Mrs.
Renard's status (signed by Judge John S. Martin ) (djc)
|
49 |
Filed & Entered: | 09/08/1998 | |
Transcript |
Docket Text: Transcript of record of proceedings before Judge Martin filed for dates of May 5, 1998 (jp)
|
47 |
Filed: | 08/17/1998 |
Entered: | 08/18/1998 |
|
Order |
Docket Text: Memo endorsed on motion;
denying, for the reasons stated on the record on 8/14/98 [36-1] motion
for this Court to enter an order staying its Order & Jdgmt. dtd.
5/28/98 ( signed by Judge John S. Martin ); Copies mailed. (ls)
|
48 |
Filed: | 08/17/1998 |
Entered: | 08/18/1998 |
|
Order |
Docket Text: Memo endorsed on copy of motion;
denying for the reasons stated on the record on 8/14/98, [37-1] motion
to extend time 90 days within which to comply with the 5/28/98 Order and
Judgment ( signed by Judge John S. Martin ); Copies mailed. (sac)
|
46 |
Filed & Entered: | 08/12/1998 | Terminated: | 05/01/2002 | |
Reply |
Docket Text: REPLY by Jennifer A. Renard Re: [44-1] affidavit (ls)
|
45 |
Filed: | 08/11/1998 |
Entered: | 08/12/1998 |
|
Order |
Docket Text: Memo endorsed on copy of motion;
granting [43-1] motion for an extension of time until August 12, 1998
to respond to the "Stecher Affidavit in Opposition to Stay" dated August
6, 1998 ( signed by Judge John S. Martin ); Copies mailed. (cd)
|
43 |
Filed & Entered: | 08/10/1998 | Terminated: | 08/11/1998 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for an extension of time until August 12, 1998 to respond to the
"Stecher Affidavit in Opposition to Stay" dated August 6, 1998 ; No
Return date (djc)
|
44 |
Filed & Entered: | 08/10/1998 | |
Affidavit in Opposition to Motion |
Docket Text: AFFIDAVIT in opposition of Jamie
B.W. Stecher by Paul J. Bartel Re: [37-1] motion to extend time 90 days
within which to comply with the 5/28/98 Order and Judgment (djc)
|
41 |
Filed: | 07/31/1998 |
Entered: | 08/03/1998 |
|
Notice (Other) |
Docket Text: NOTICE of filing of original affdvt. of Dr. David S. Myers dtd. 7/28/98 by Jennifer A. Renard (ls)
|
42 |
Filed: | 07/31/1998 |
Entered: | 08/03/1998 |
|
Affidavit |
Docket Text: AFFIDAVIT of David Stephen Myers MB BS by Jennifer A. Renard Re: personal knowledge (ls)
|
39 |
Filed & Entered: | 07/29/1998 | |
Notice (Other) |
Docket Text: NOTICE of Compliance by Jennifer A. Renard re affidavit of Dr. Myers (cd)
|
40 |
Filed: | 07/29/1998 |
Entered: | 07/30/1998 |
Terminated: | 02/08/1999 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard; for an extension of time to file original affdvt. of Dr. S.
Myers in accordance w/ the order of the Court entered on 7/20/98 ;
return date not indicated (ls)
|
38 |
Filed & Entered: | 07/16/1998 | Terminated: | 08/17/1998 | |
Motion for Hearing |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for an order that a hearing be scheduled, in lieu of a chambers
conference, on her motion for extension of time and motion for stay (kw)
|
35 |
Filed & Entered: | 07/13/1998 | |
Transcript |
Docket Text: Before Judge Martin: Transcript of record of proceedings filed for dates of 5/5/98 (cd)
|
36 |
Filed: | 07/13/1998 |
Entered: | 07/14/1998 |
Terminated: | 08/17/1998 | |
Motion to Stay |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard; for this Court to enter an order staying its Order & Jdgmt.
dtd. 5/28/98 ; return date not indicated (ls)
|
37 |
Filed: | 07/13/1998 |
Entered: | 07/14/1998 |
Terminated: | 08/17/1998 | |
Motion for Extension of Time |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard to extend time 90 days within which to comply with the 5/28/98
Order and Judgment , Return date not indicated (cd)
|
34 |
Filed: | 06/03/1998 |
Entered: | 06/05/1998 |
|
Order |
Docket Text: ORDER denying [29-1] motion to
stay enforcement of the judgment; denying [28-1] motion for joinder of
Commissioner of NYS Dept of Taxation and Finance; denying [27-1] motion
to reopen judgment (signed by Judge John S. Martin ); Copies mailed
(djc)
|
33 |
Filed: | 05/29/1998 |
Entered: | 06/03/1998 |
|
Judgment |
Docket Text: JUDGMENT #98,1243 that within 20
days from the entry of this Order, defendant, who is the executrix of
the estate of David Renard, shall engage an independant appraiser who
shall complete within a reasonable time an appraisal of the New York
property belonging to David Renard as of the date of his death. Within
45 days from the entry of this Order, defendant shall duly file on
behalf of the Estate of David Renard a New York State Estate Tax Return
on Form ET-90 as set forth in this document. Within 30 days from the
entry of this Order, defendant shall pay all such charges and take all
such other action as may be required to remove any lien imposed by the
Warehouse on any item of personal property described in this Order, and
defendant shall, until further Order of this Court, make all such
payments to the Warehouse as are necessary to avoid any future
warehouseman's lien on any item of personal property described in this
Order. Plaintiff Paul J. Bartel, is to recover of defendant Jennifer
Renard $22,587, representing the difference between (a) the sum of the
(i) credits ($20,830) and (ii) contract damages $54,507 listed in the
immediately preceding decretal paragraph and (b) the contract price
($52,750); plus $3,896.25, representing prejudgment interest pursuant to
CPLR 5001 from 6/15/96 through 5/14/98; plus $77,982, representing
prejudgment interest pursuant to CPLR 5001 at the rate of $5.57 per day
from 5/15/98 until the date this Order is entered, for a total of
$26,561.23 and that plaintiff shall have execution therefor. Other than
as expressly allowed by this Order, and pending further order of this
Court, the Warehouse shall not allow defendant, or her attorneys,
agents, or invitees, inside the Storage Room or the Storage Locker
unless she or they are accompanied by plaintiff Paul J. Bartel, or his
attorney, Jamie B.W. Stecher, or a person designated in writing by Mr.
Bartel or Mr. Stecher, and it shall not allow anyone to remove any other
items of personal property from the Storage Room and the Storage
Locker, which items of personal property are to be held as security for
the faithful performance of defendant's obligations arising in
connection with this Order. Plaintiff may, following the completion of
his removal of all items from the Warehouse, present, upon ten days'
notice to the defendant's counsel, proof of his damages, including
attorneys' fees, arising from the defendant's contempt of court. (
signed by Judge John S. Martin ); Mailed copies and notice of right to
appeal. EOD: 6/3/98 (kw) Modified on 06/04/1998
|
32 |
Filed: | 05/20/1998 |
Entered: | 05/21/1998 |
|
Endorsed Letter |
Docket Text: Filed Memo Endorsement on letter
to Judge Martin from Jamie Stecher, dated 5/18/98, granting plntf's
request to modify the 4/17/98 Order to Show Cause as indicated with
respect to the warehouse space ( signed by Judge John S. Martin ) (cd)
|
31 |
Filed: | 05/12/1998 |
Entered: | 05/13/1998 |
|
Order |
Docket Text: ORDER, the plaintiff has
submitted a proposed order and judgment based in part upon evidence
presented at the 5/5/98 hearing. The defendant is ordered to notify the
Court by 5/15/98, whether she has any objections to the proposed order
and judgment and what, if any, those objections are ( signed by Judge
John S. Martin ); Copies mailed (kw)
|
30 |
Filed & Entered: | 05/06/1998 | |
Order |
Docket Text: ORDER, Day & Meyer, Murray
& Young Corporation is ordered to prevent anyone from going into the
warehouse space leased by Jennifer Renard at the Day & Meyer
Warehouse or from removing any items from that space until further order
of this court. (signed by Judge John S. Martin); Copies mailed (djc)
|
27 |
Filed: | 05/05/1998 |
Entered: | 05/06/1998 |
Terminated: | 06/03/1998 | |
Motion to Reopen |
Docket Text: NOTICE OF MOTION by Jennifer A. Renard to reopen judgment , Return date not indicated (cd)
|
28 |
Filed: | 05/05/1998 |
Entered: | 05/06/1998 |
Terminated: | 06/03/1998 | |
Motion for Joinder |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard for joinder of Commissioner of NYS Dept of Taxation and Finance ,
Return date not indicated (cd)
|
29 |
Filed: | 05/05/1998 |
Entered: | 05/06/1998 |
Terminated: | 06/03/1998 | |
Motion to Stay |
Docket Text: NOTICE OF MOTION by Jennifer A. Renard to stay enforcement of the judgment , Return date not indicated (cd)
|
26 |
Filed & Entered: | 04/30/1998 | Terminated: | 05/01/2002 | |
Appeal Record Sent to USCA - Index |
Docket Text: Notice that the record on appeal
has been certified and transmitted to the U.S. Court of Appeals: [21-1]
appeal by Jennifer A. Renard on April 30, 1998. (dt)
|
25 |
Filed: | 04/24/1998 |
Entered: | 04/27/1998 |
|
Order |
Docket Text: ORDER, all interested parties
are to appear at the Day & Meyer Warehouse, 1166 Second Ave., New
York, NY 10021, at 9:00 a.m. on 4/29/98. All instruments or items
subject to the contract shall be turned over at that time upon payment
of the agreed purchase price of $52,750 less any amounts that must be
paid to the warehouse for storage. The payment shall be made by
certified check, and it will be sufficient if it is made payable to
"Nancy Burton, Trustee." The items to be turned over are those on the
list attached hereto. If there is any dispute as to any item, those
items shall be brought to the court at 2:30 p.m. on 4/29/98 for hearing
to determine whether they are or are not part of the items covered by
the contract ( signed by Judge John S. Martin ); Copies mailed (kw)
|
24 |
Filed & Entered: | 04/21/1998 | Terminated: | 05/29/1998 | |
Order to Show Cause |
Docket Text: ORDER TO SHOW CAUSE by Paul J.
Bartel; Show Cause Hearing set for 3:30 p.m. on 4/23/98; for an order
purs. to Rule 70, Fed. R. Civ. P. to obtain the Court's assistance in
enforcing its Jdgmt., or holding the deft in contempt of Court ; (
signed by Judge John S. Martin ); Copies mailed; affdvt. in support of
O.S.C. attached (ls)
|
22 |
Filed & Entered: | 04/06/1998 | |
Transcript |
Docket Text: Transcript of record of proceedings before Judge Martin filed for dates of February 3, 1998 (jp)
|
23 |
Filed & Entered: | 04/06/1998 | |
Transcript |
Docket Text: Transcript of record of proceedings before Judge Martin filed for dates of February 3, 1998 (jp)
|
|
Filed & Entered: | 03/02/1998 | |
Remark |
Docket Text: Fee pd. $105.00, rec # 309596. (as)
|
20 |
Filed: | 02/23/1998 |
Entered: | 02/24/1998 |
|
Order |
Docket Text: Memo endorsed on motion for stay
upon appeal; motion denied. The issue raised is one of fact decided at
the trial. There is no likelihood of success on appeal ( signed by Judge
John S. Martin); Copies mailed. (djc)
|
19 |
Filed: | 02/19/1998 |
Entered: | 02/23/1998 |
Terminated: | 02/23/1998 | |
Motion to Stay |
Docket Text: NOTICE OF MOTION by Jennifer A. Renard for an order granting a stay upon appeal (kw) Modified on 06/02/1998
|
21 |
Filed: | 02/19/1998 |
Entered: | 02/25/1998 |
Terminated: | 01/08/1999 | |
Notice of Appeal |
Docket Text: NOTICE OF APPEAL by Jennifer A.
Renard ; from [18-1] judgment order . Copies of notice of appeal mailed
to Attorney(s) of Record: Stecher Jaglom . *($105.00 APPEAL FILING FEE
DUE)*. (dt)
|
|
Filed: | 02/10/1998 |
Entered: | 02/11/1998 |
|
Terminated Case |
Docket Text: Case closed (ae)
|
18 |
Filed: | 02/10/1998 |
Entered: | 02/11/1998 |
|
Judgment |
Docket Text: JUDGMENT: Ordered, adjudged and
decreed, that judgment is entered in favor of the plaintiff and the
items at issue are to be turned over to the plaintiff upon tender of
said funds (signed by James M. Parkison, Clerk of Court); Mailed copies
and notice of right to appeal. EOD 2/11/98. (ae)
|
17 |
Filed: | 02/05/1998 |
Entered: | 02/06/1998 |
|
Order |
Docket Text: Memo endorsed on defts' motion
for default; denying as moot defts' motion for default for failure to
plead to the counterclaim, purs. to F.R.C.P. 55 ; ( signed by Judge John
S. Martin ); Copies mailed. (ls)
|
16 |
Filed: | 02/04/1998 |
Entered: | 02/05/1998 |
|
Order |
Docket Text: Memo endorsed on copy of motion;
denying [15-1] motion for an order granting summary judgment on the
complt. ( signed by Judge John S. Martin ); Copies mailed. (cd)
|
|
Filed: | 02/03/1998 |
Entered: | 02/09/1998 |
|
Bench Trial - Begun |
Docket Text: bench trial (contested issue)
begun, and concluded before Judge Martin, Jr. on 2/3/98; total trial
days 1; Judge's Decision: Court finds in favor of the pltff (ls)
|
14 |
Filed: | 02/02/1998 |
Entered: | 02/04/1998 |
|
Memorandum of Law in Support of Motion |
Docket Text: MEMORANDUM by Jennifer A. Renard in support of motion for summary jdgmt. on the complt (ls)
|
15 |
Filed: | 02/02/1998 |
Entered: | 02/04/1998 |
Terminated: | 02/04/1998 | |
Motion for Summary Judgment |
Docket Text: NOTICE OF MOTION by Jennifer A.
Renard; for an order granting summary judgment on the complt. ; return
date not entered on document; certification on second page of doc. (ls)
|
12 |
Filed: | 08/25/1997 |
Entered: | 08/27/1997 |
Terminated: | 02/10/1998 | |
Motion to Dismiss/Lack of Jurisdiction |
Docket Text: NOTICE OF MOTION by Jennifer A. Renard to dismiss for lack of jurisdiction ; no return date (djc)
|
13 |
Filed: | 08/25/1997 |
Entered: | 08/27/1997 |
|
Affidavit in Support of Motion |
Docket Text: AFFIDAVIT in support of Jennifer A. Renard by Jennifer A. Renard Re: [12-1] motion to dismiss for lack of jurisdiction (djc)
|
11 |
Filed: | 08/12/1997 |
Entered: | 08/18/1997 |
Terminated: | 02/10/1998 | |
Motion to Amend/Correct |
Docket Text: NOTICE OF MOTION/REQUEST by
Jennifer A. Renard for leave to amend answer to insert additional
affirmative defenses and counterclaim (ae) Modified on 08/18/1997
|
10 |
Filed: | 08/05/1997 |
Entered: | 08/12/1997 |
|
Pretrial Memorandum |
Docket Text: SUPPLEMENTAL PRETRIAL MEMORANDUM by Jennifer A. Renard (ls)
|
8 |
Filed: | 07/30/1997 |
Entered: | 08/01/1997 |
|
Affidavit |
Docket Text: AFFIDAVIT of Paul J. Bartel by Paul J. Bartel Re: in lieu of direct trial testimony. (ae)
|
9 |
Filed: | 07/30/1997 |
Entered: | 08/01/1997 |
|
Trial Brief |
Docket Text: TRIAL MEMORANDUM by Paul J. Bartel (ae)
|
7 |
Filed: | 07/17/1997 |
Entered: | 07/21/1997 |
|
Endorsed Letter |
Docket Text: Filed Memo-Endorsement on letter
dated 7/16/97 from Nancy Burton, granting defendant's request for
permission to file a reply memorandum of law; reply memorandum of law to
be filed by 8/5/97 ( signed by Judge John S. Martin ) (kw) Modified on
07/23/1997
|
5 |
Filed: | 07/16/1997 |
Entered: | 07/17/1997 |
|
Endorsed Letter |
Docket Text: Filed Memo Endorsement on letter
to J. Martin from J. Stecher, dated 7/11/97, extending time to 7/28/97
re affidavit in lieu of direct testimony ( signed by Judge John S.
Martin ) (cd)
|
6 |
Filed: | 07/15/1997 |
Entered: | 07/17/1997 |
Terminated: | 07/17/1997 | |
Motion for Leave to File Document |
Docket Text: NOTICE OF MOTION by Jennifer A. Renard for leave to file Affidavit of Mark W. Greenfest. (ae)
|
4 |
Filed: | 07/14/1997 |
Entered: | 07/16/1997 |
|
Memorandum of Law |
Docket Text: MEMORANDUM by Jennifer A. Renard (pl)
|
3 |
Filed: | 06/12/1997 |
Entered: | 06/13/1997 |
|
Endorsed Letter |
Docket Text: Filed Memo Endorsement on letter
to J. Martin from J. Stecher, dated 6/10/97, extending time to 7/14/97
re plntf affidavit in lieu of direct testimony ( signed by Judge John S.
Martin ) (cd)
|
2 |
Filed: | 12/24/1996 |
Entered: | 12/26/1996 |
|
Order |
Docket Text: ORDER, discovery due for 3/31/97 , pretrial order due for 4/30/97 ( signed by Judge John S. Martin ); Copies mailed (cd)
|
|
Filed: | 08/23/1996 |
Entered: | 08/26/1996 |
|
Case Information |
Docket Text: Magistrate Judge Dolinger is so Designated. (ricm)
|
1 |
Filed: | 08/23/1996 |
Entered: | 08/26/1996 |
|
Notice of Removal |
Docket Text: NOTICE OF REMOVAL from Supreme State Court County of New York; FILING FEE $ 120.00 RECEIPT # 269384 (ricm) |