Excelsior Capital, LLC v. Devine et al

COMPLAINT against Bruce Buzil, Christopher Devine, Greenberg Traurig, LLP, Robert E. Neiman Disclosure Statement on Civil Cover Sheet completed -No,, filed by Excelsior Capital, LLC. (Attachments: # 1 Civil Cover Sheet) (Rodecker, John) (Entered: 03/25/2010)

Date filed in court	03/23/2010
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DISCLOSURE of Interested Parties by Excelsior Capital, LLC. (Rodecker, John) (Entered: 03/25/2010)

Date filed in court	03/23/2010
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Notice of Related Case (Rodecker, John) (Entered: 03/25/2010)

Date filed in court	03/23/2010
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SUMMONS Returned Executed by Excelsior Capital, LLC. Bruce Buzil served on 3/24/2010, answer due 4/14/2010; Christopher Devine served on 3/24/2010, answer due 4/14/2010; Greenberg Traurig, LLP served on 3/23/2010, answer due 4/13/2010. (Burstein, Judd) (Entered: 04/05/2010)

Date filed in court	04/05/2010
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SUMMONS Returned Executed by Excelsior Capital, LLC. Robert E. Neiman served on 4/2/2010, answer due 4/23/2010. (Burstein, Judd) (Entered: 04/07/2010)

Date filed in court	04/07/2010
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NOTICE of Appearance by Mary Elizabeth McGarry on behalf of Greenberg Traurig, LLP, Robert E. Neiman (aty to be noticed) (McGarry, Mary) (Entered: 04/07/2010)

Date filed in court	04/07/2010
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NOTICE of Appearance by Michael Joseph Castiglione on behalf of Greenberg Traurig, LLP, Robert E. Neiman (aty to be noticed) (Castiglione, Michael) (Entered: 04/07/2010)

Date filed in court	04/07/2010
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Corporate Disclosure Statement by Greenberg Traurig, LLP (McGarry, Mary) (Entered: 04/07/2010)

Date filed in court	04/07/2010
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STIPULATION and [Proposed] Order for Extension of Time to Answer, Move or Otherwise Respond to Complaint by Bruce Buzil, Christopher Devine, Excelsior Capital, LLC, Greenberg Traurig, LLP, Robert E. Neiman (McGarry, Mary) (Entered: 04/07/2010)

Date filed in court	04/07/2010
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NOTICE of Appearance by Ryan Kane on behalf of Greenberg Traurig, LLP, Robert E. Neiman (aty to be noticed) (Kane, Ryan) (Entered: 04/07/2010)

Date filed in court	04/07/2010
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ORDER Re: 9 Stipulation extending defendants time to answer, move or otherwise respond to the Complaint to and including 5/13/10. signed by Senior Judge Arthur D. Spatt on 4/8/10. (Coleman, Laurie) (Entered: 04/09/2010)

Date filed in court	04/08/2010
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NOTICE of Appearance by Thomas Jerome Curran on behalf of Christopher Devine (aty to be noticed) (Curran, Thomas) (Entered: 05/12/2010)

Date filed in court	05/12/2010
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NOTICE of Appearance by Kevin Joseph O'Connor on behalf of Christopher Devine (aty to be noticed) (O'Connor, Kevin) (Entered: 05/12/2010)

Date filed in court	05/12/2010
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NOTICE of Appearance by Alan Robert Peterman on behalf of Bruce Buzil (aty to be noticed) (Peterman, Alan) (Entered: 05/12/2010)

Date filed in court	05/12/2010
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ANSWER to 1 Complaint by Bruce Buzil. (Peterman, Alan) (Entered: 05/13/2010)

Date filed in court	05/13/2010
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ANSWER to 1 Complaint and Affirmative Defenses by Christopher Devine. (O'Connor, Kevin) (Entered: 05/13/2010)

Date filed in court	05/13/2010
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ANSWER to 1 Complaint (with Certificate of Service) by Greenberg Traurig, LLP, Robert E. Neiman. (Attachments: # 1 Letter) (McGarry, Mary) (Entered: 05/13/2010)

Date filed in court	05/13/2010
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THIRD PARTY COMPLAINT Jury Trial Demanded against C. Robert Allen, III, Luke Allen, filed by Christopher Devine. (O'Connor, Kevin) (Entered: 05/24/2010)

Date filed in court	05/24/2010
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Third Party Defendants C. Robert Allen, III, and Luke Allen, as Guardian for the Property Management of C. Robert Allen, III ANSWER to 18 Third Party Complaint, THIRD PARTY COMPLAINT against Christopher Devine by Luke Allen, C. Robert Allen, III. (Wald, Alexandra) (Entered: 06/22/2010)

Date filed in court	06/22/2010
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NOTICE of Appearance by Nathaniel P.T. Read on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Read, Nathaniel) (Entered: 06/30/2010)

Date filed in court	06/30/2010
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NOTICE of Appearance by Harvey B. Silikovitz on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Silikovitz, Harvey) (Entered: 06/30/2010)

Date filed in court	06/30/2010
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NOTICE of Appearance by Lawrence T. Gresser on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Gresser, Lawrence) (Entered: 07/01/2010)

Date filed in court	07/01/2010
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Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/6/2010. (Attachments: # 1 Proposed Order)(c/ecf) (Horbey, Eric) (Entered: 07/06/2010)

Date filed in court	07/06/2010
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Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses by Christopher Devine. (Attachments: # 1 Memorandum in Support of Motion by Third-Party Plaintiff to Strike Certain of Third-Party Defendants' Affirmative Defenses) (O'Connor, Kevin) (Entered: 07/13/2010)

Date filed in court	07/13/2010
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DECLARATION re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses by Christopher Devine (Attachments: # 1 Exhibit A - to Declaration of Kevin J. O'Connor in Support of Motion to Strike, # 2 Exhibit B - to Declaration of Kevin J. O'Connor in Support of Motion to Strike, # 3 Exhibit C - to Declaration of Kevin J. O'Connor in Support of Motion to Strike, # 4 Exhibit D - to Declaration of Kevin J. O'Connor in Support of Motion to Strike) (O'Connor, Kevin) (Entered: 07/13/2010)

Date filed in court	07/13/2010
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Letter to the Honorable Arlene R. Lindsay from Mary Elizabeth McGarry by Greenberg Traurig, LLP, Robert E. Neiman (McGarry, Mary) (Entered: 07/15/2010)

Date filed in court	07/15/2010
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MEMORANDUM in Opposition re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses (Memorandum of Law in Opposition to Motion by Third-Party Plaintiff Christopher Devine to Strike Certain of Third-Party Defendants' Affirmative Defenses) filed by Luke Allen, C. Robert Allen, III. (Wald, Alexandra) (Entered: 07/28/2010)

Date filed in court	07/28/2010
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AFFIDAVIT/DECLARATION in Opposition re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses (Declaration of Alexandra Wald) filed by Luke Allen, C. Robert Allen, III. (Attachments: # 1 Exhibit (Exhibit A - Declaration of Alexandra Wald), # 2 Exhibit (Exhibit B - Declaration of Alexandra Wald), # 3 Exhibit (Exhibit C - Declaration of Alexandra Wald), # 4 Exhibit (Exhibit D - Declaration of Alexandra Wald), # 5 Exhibit (Exhibit E - Declaration of Alexandra Wald), # 6 Exhibit (Exhibit F - Declaration of Alexandra Wald), # 7 Exhibit (Exhibit G - Declaration of Alexandra Wald), # 8 Exhibit (Exhibit H - Declaration of Alexandra Wald), # 9 Exhibit (Exhibit I - Declaration of Alexandra Wald)) (Wald, Alexandra) (Entered: 07/28/2010)

Date filed in court	07/28/2010
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REPLY in Support re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses filed by Christopher Devine. (Curran, Thomas) (Entered: 08/05/2010)

Date filed in court	08/05/2010
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AFFIDAVIT/DECLARATION in Support re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses filed by Christopher Devine. (Attachments: # 1 Exhibit A) (Curran, Thomas) (Entered: 08/05/2010)

Date filed in court	08/05/2010
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Letter to Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order - Proposed Scheduling Order) (McGarry, Mary) (Entered: 08/06/2010)

Date filed in court	08/06/2010
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SCHEDULING ORDER: Final Pretrial Conference set for 6/14/2011 11:30 AM before Magistrate Judge Michael L. Orenstein. Ordered by Magistrate Judge Arlene R. Lindsay on 8/27/2010. (Imrie, Robert) (Entered: 08/27/2010)

Date filed in court	08/27/2010
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STIPULATION / [Proposed] Stipulated ESI Order by Luke Allen, C. Robert Allen, III, Bruce Buzil, Christopher Devine, Excelsior Capital, LLC, Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Letter to Honorable Arlene R. Lindsay) (McGarry, Mary) (Entered: 09/02/2010)

Date filed in court	09/02/2010
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Letter to the Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order Protective Order - Version 1, # 2 Proposed Order Protective Order - Version 2, # 3 Proposed Order Protective Order - Blackline Version) (McGarry, Mary) (Entered: 09/03/2010)

Date filed in court	09/03/2010
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MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4346484. by Christopher Devine. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Declaration) (O'Connor, Kevin) (Entered: 09/07/2010)

Date filed in court	09/07/2010
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MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4346529. by Christopher Devine. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Declaration) (O'Connor, Kevin) (Entered: 09/07/2010)

Date filed in court	09/07/2010
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NOTICE of Appearance by Edward Pacer on behalf of Christopher Devine (aty to be noticed) (Pacer, Edward) (Entered: 09/08/2010)

Date filed in court	09/08/2010
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NOTICE of Appearance by David Scriven-Young on behalf of Christopher Devine (aty to be noticed) (Scriven-Young, David) (Entered: 09/08/2010)

Date filed in court	09/08/2010
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MOTION for Leave to Appear Pro Hac Vice by Daniel Budorick, Esq. Fee Paid: $25.00. Receipt: # 0207-4346420. Filed by Christopher Devine. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Declaration of Service) (Coleman, Laurie) (Entered: 09/10/2010)

Date filed in court	09/10/2010
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NOTICE of Change of Suite Number by Edward Pacer (Pacer, Edward) (Entered: 09/23/2010)

Date filed in court	09/23/2010
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Letter Pursuant to Local Rule 37.3 Addressed to Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order Exhibit A) (McGarry, Mary) (Entered: 10/07/2010)

Date filed in court	10/07/2010
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Letter pursuant to Local Rule 37.3 addressed to Honorable Arlene R. Lindsay by Cohen & Gresser LLP. by Luke Allen, C. Robert Allen, III (Wald, Alexandra) (Entered: 10/13/2010)

Date filed in court	10/13/2010
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Letter (Corrected Version) pursuant to Local Rule 37.3 addressed to Honorable Arlene R. Lindsay by Cohen & Gresser LLP. by Luke Allen, C. Robert Allen, III (Wald, Alexandra) (Entered: 10/13/2010)

Date filed in court	10/13/2010
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Letter to the Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (McGarry, Mary) (Entered: 10/14/2010)

Date filed in court	10/14/2010
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NOTICE of Appearance by Alexis Gena Stone on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Stone, Alexis) (Entered: 10/15/2010)

Date filed in court	10/15/2010
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ORDER re 41 42 43 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/21/2010. c/ecf (Johnston, Linda) (Entered: 10/21/2010)

Date filed in court	10/21/2010
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Letter to Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order [Proposed] Protective Order) (Castiglione, Michael) (Entered: 10/22/2010)

Date filed in court	10/22/2010
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MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that Devine's motion to strike the Allen Third Party Defendants' Second Defense, waiver and stoppel, is granted, with leave to replead consistent with this opinion within twenty days of the date hereof; and it is further ORDERED that Devine's motion to strike the Allen Third Party Defendants' Third Defense, unclean hands, is granted with respect to Devine's breach of contract claim, and denied in all other respects; and it is further ORDERED that the Allen Third Party Defendants' Ninth Defense, that Devine is entitled to no contribution for RICO liability, is deemed withdrawn with prejudice by the Allen Third Party Defendants; and it is further ORDERED that Devines motion to strike the Allen Third Party Defendants' Fourteenth Defense, fraudulent inducement, is granted with leave to replead consistent with this opinion within twenty days of the date hereof; and it is further ORDERED that Devine's motion to strike the Allen Third Party Defendants Twenty-First Defense is granted. So Ordered. Signed by Senior Judge Arthur D. Spatt on January 26, 2011. (Coleman, Laurie) (Entered: 01/26/2011)

Date filed in court	01/26/2011
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Proposed Scheduling Order by Christopher Devine (Attachments: # 1 Stipulation and Proposed Scheduling Order, # 2 Letter to Court) (O'Connor, Kevin) (Entered: 02/08/2011)

Date filed in court	02/08/2011
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AMENDED ANSWER to 18 Third Party Complaint by Luke Allen, C. Robert Allen, III. (Wald, Alexandra) (Entered: 02/15/2011)

Date filed in court	02/15/2011
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SUGGESTION OF DEATH Upon the Record as to Third-Party Defendant C. Robert Allen by C. Robert Allen, III (Wald, Alexandra) (Entered: 03/17/2011)

Date filed in court	03/17/2011
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Letter Advising of Possible Discovery Problems by Christopher Devine (O'Connor, Kevin) (Entered: 03/29/2011)

Date filed in court	03/29/2011
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STATUS REPORT Concerning the Death of C. Robert Allen, III by Christopher Devine (Scriven-Young, David) (Entered: 05/31/2011)

Date filed in court	05/31/2011
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MOTION to Substitute Party And Amend Third-Party Complaint by Christopher Devine. (O'Connor, Kevin) (Entered: 06/14/2011)

Date filed in court	06/14/2011
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MEMORANDUM in Support re 54 MOTION to Substitute Party And Amend Third-Party Complaint filed by Christopher Devine. (O'Connor, Kevin) (Entered: 06/14/2011)

Date filed in court	06/14/2011
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AFFIDAVIT/DECLARATION in Support re 54 MOTION to Substitute Party And Amend Third-Party Complaint filed by Christopher Devine. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (O'Connor, Kevin) (Entered: 06/14/2011)

Date filed in court	06/14/2011
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Notice of MOTION to Substitute Party Estate of C. Robert Allen, III, by its Executrix Grace M. Allen by C. Robert Allen, III. (Attachments: # 1 Declaration, # 2 Exhibit) (Whittemore, Reed) (Entered: 06/15/2011)

Date filed in court	06/15/2011
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AFFIDAVIT of Service for Notice of Motion and Supporting Documents served on Grace Allen on 6/24/11, filed by Christopher Devine. (O'Connor, Kevin) (Entered: 07/05/2011)

Date filed in court	07/05/2011
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STATUS REPORT by Christopher Devine (Scriven-Young, David) (Entered: 07/15/2011)

Date filed in court	07/15/2011
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AFFIDAVIT of Service for Notice of Motion, Memorandum of Law, Declaration served on Grace Allen on 6/24/11, filed by Christopher Devine. (O'Connor, Kevin) (Entered: 07/20/2011)

Date filed in court	07/20/2011
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Letter to Hon. Arlene Rosario Lindsay by Excelsior Capital, LLC (Burstein, Judd) (Entered: 07/28/2011)

Date filed in court	07/28/2011
Date uploaded to PACER	Not available
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STATUS REPORT by Christopher Devine (Scriven-Young, David) (Entered: 08/30/2011)

Date filed in court	08/30/2011
Date uploaded to PACER	Not available
Date uploaded to RECAP	08/31/2011