Date Filed
|
#
|
Docket Text
|
| July 20, 2005 |
1
|
ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Michael B. Mukasey on 7/15/2005) (lb, ) (Entered: July 26, 2005)
|
| July 20, 2005 |
2
|
COMPLAINT against Greenberg Traurig, LLP, Morgan Stanley, Inc., Yvonne Trimarchi, Karen Morita. Document filed by Patrick Kilkenny.(lb, ) (Entered: July 26, 2005)
|
| July 20, 2005 |
|
SUMMONS ISSUED as to Greenberg Traurig, LLP, Morgan Stanley, Inc., Yvonne Trimarchi, Karen Morita. (lb, ) (Entered: July 26, 2005)
|
| July 20, 2005 |
|
Magistrate Judge Douglas F. Eaton is so designated. (lb, ) (Entered: July 26, 2005)
|
| August 15, 2005 |
3
|
AMENDED COMPLAINT amending [2] Complaint against Greenberg Traurig, LLP, Morgan Stanley, Inc., Yvonne Trimarchi, Karen Morita.Document filed by Patrick Kilkenny. Related document: [2]
Complaint filed by Patrick Kilkenny,.(lb, ) (Entered: August 23, 2005)
|
| August 15, 2005 |
|
SUMMONS ISSUED as to Greenberg Traurig, LLP, Morgan Stanley, Inc., Yvonne Trimarchi, Karen Morita. (lb, ) (Entered: August 23, 2005)
|
| August 30, 2005 |
4
|
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from J. Michael Riordan dated 8/23/05 re: request a thirty (30) day extension of time to answer or otherwise move in response to
Plaintiff's complaint. ENDORSEMENT: Application GRANTED. Further, a conference is scheduled for September 19, 2005 at 3:00 p.m. (Signed by Judge Naomi Reice Buchwald on 8/25/05) (js, )
(Entered: August 31, 2005)
|
| September 1, 2005 |
5
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - RULE 7.1 DISCLOSURE STATEMENT. Document filed by Morgan Stanley, Inc. (Attachments: # 1 Rule 7.1(a) Statement)(Walker, Kevin) Modified on 9/29/2005 (gf, ). (Entered:
09/01/2005)
|
| September 8, 2005 |
6
|
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Patric Kilkenny dated 8/31/2005 re: request for transfer of this case to the White Plains Courthouse.ENDORSEMENT: Motion for
reconsideration denied. The conference will proceed as scheduled to discuss Morgan Stanley's proposed motion to dismiss. If plaintiff does not wish to attendthe scheduled conference, Morgan
Stanley will be given permission to move to dismiss without a conferecne. So Ordered. (Signed by Judge Naomi Reice Buchwald on 9/6/2005) (jmi, ) (Entered: September 9, 2005)
|
| September 19, 2005 |
|
Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Initial Pretrial Conference held on 9/19/2005. (djc, ) (Entered: September 26, 2005)
|
| September 23, 2005 |
7
|
AFFIRMATION OF SERVICE of Summons and Amended Complaint. Greenberg Traurig, LLP served on 9/19/2005, answer due 10/11/2005; Yvonne Trimarchi served on 9/19/2005, answer due 10/11/2005;
Karen Morita served on 9/19/2005, answer due 10/11/2005. Service was accepted by Yelena Reyfman. Document filed by Patrick Kilkenny. (db, ) (Entered: September 28, 2005)
|
| September 28, 2005 |
8
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - FIRST MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Morgan Stanley, Inc. (Walker, Kevin) Modified on
9/29/2005 (gf, ). Modified on 9/29/2005 (gf, ). (Entered: September 28, 2005)
|
| September 28, 2005 |
9
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - BRIEF in support of motion to dismiss and for sanctions. Document filed by Morgan Stanley, Inc..(Walker, Kevin) Modified on
9/29/2005 (gf, ). (Entered: September 28, 2005)
|
| September 28, 2005 |
10
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - AFFIDAVIT of J. Michael Riordan in Support re: 8 FIRST MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by
Morgan Stanley, Inc.. (Walker, Kevin) Modified on 9/29/2005 (gf, ). (Entered: September 28, 2005)
|
| September 28, 2005 |
11
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - CERTIFICATE OF SERVICE of Motion to Dismiss and for Sanctions served on Patric Kilkenny on September 28, 2005. Service was made by
Overnight Mail. Document filed by Morgan Stanley, Inc.. (Walker, Kevin) Modified on 9/29/2005 (gf, ). (Entered: September 28, 2005)
|
| September 28, 2005 |
12
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Attachment proposed form of Order (Order). Document filed by Morgan Stanley, Inc. (Walker, Kevin) Modified on 9/29/2005
(kg). (Entered: September 28, 2005)
|
| September 28, 2005 |
13
|
MOTION (FILED ON SERVICE DATE) to Dismiss; MOTION (FILED ON SERVICE DATE) for Sanctions. Document filed by Morgan Stanley, Inc.. (jco, ) (Entered: October 17, 2005)
|
| September 29, 2005 |
|
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Kevin Walker to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No. 12 Order to dismiss. This document is not filed via ECF. (kg) (Entered: September 29, 2005)
|
| September 29, 2005 |
|
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Kevin Walker to MANUALLY RE-FILE Document Rule 7.1, #5, First Motion #8, Brief #9, Affidavit #10, Certificate
of Service #11. This case is not ECF. (gf, ) (Entered: September 29, 2005)
|
| October 12, 2005 |
16
|
MEMORANDUM OF LAW in Opposition re: [13] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) for Sanctions. Document filed by Patrick Kilkenny. (jco, ) (Entered:
10/17/2005)
|
| October 12, 2005 |
17
|
AFFIDAVIT in Support of [16] Memorandum of Law in Oppisition to Motion. Document filed by Patrick Kilkenny. (jco, ) (Entered: October 17, 2005)
|
| October 13, 2005 |
14
|
BRIEF in support of [13] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) for Sanctions. Document filed by Greenberg Traurig, LLP, Morgan Stanley, Inc., Yvonne
Trimarchi, Karen Morita.(jco, ) (Entered: October 17, 2005)
|
| October 13, 2005 |
15
|
AFFIDAVIT of J. Michael Riordan in Support re: [13] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) for Sanctions. (jco, ) (Entered: October 17, 2005)
|
| October 19, 2005 |
18
|
RULE 7.1 DISCLOSURE STATEMENT. Document filed by Morgan Stanley, Inc..(dle, ) (Entered: October 19, 2005)
|
| October 19, 2005 |
19
|
REPLY MEMORANDUM OF LAW in Support re: [13] MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) for Sanctions.. Document filed by Morgan Stanley, Inc.. (dle, )
(Entered: October 19, 2005)
|
| October 20, 2005 |
20
|
ENDORSED LETTER: addressed to Judge Naomi Reice Buchwald from J. Michael Riordan dated 10/12/2005 re: We submit that in light of the foregoing, and in particular the absence of any
prejudice to plaintiff, that the motion be accepted as timely filed with the Clerk of the Court, nunc pro tunc to the date of service on all defendants and filing with the Court.
ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/19/2005) (lb, ) (Entered: October 21, 2005)
|
| October 21, 2005 |
21
|
RULE 7.1 DISCLOSURE STATEMENT. Document filed by Greenberg Traurig, LLP, Yvonne Trimarchi, Karen Morita.(cd, ) (Entered: October 24, 2005)
|
| October 21, 2005 |
22
|
ANSWER to Amended Complaint. Document filed by Greenberg Traurig, LLP, Yvonne Trimarchi, Karen Morita. Related document: [3] Amended Complaint filed by Patrick Kilkenny,.(cd, ) (Entered:
10/24/2005)
|
| November 1, 2005 |
23
|
RESPONSE TO STRIKE GREENBERG TRAURIG'S CERTAIN AFFIRMATIVE DEFENSES. Document filed by Patrick Kilkenny. (jco, ) (Entered: November 3, 2005)
|
| November 15, 2005 |
24
|
MOTION (FILED ON SERVICE DATE) for Douglas B. Lipsky to Appear Pro Hac Vice. Document filed by Morgan Stanley, Inc.. Attachedis Affidavit of J. Michael Riordan. (djc, ) (Entered:
11/18/2005)
|
| November 18, 2005 |
25
|
MEMORANDUM OF LAW in Opposition to Application to strike certain affirmative defendses. Document filed by Greenberg Traurig, LLP, Yvonne Trimarchi, Karen Morita. (sac, ) (Entered:
11/21/2005)
|
| November 18, 2005 |
26
|
DECLARATION of Martin I. Kaminsky in Support to strike certain affirmative defenses. Document filed by Greenberg Traurig, LLP, Yvonne Trimarchi, Karen Morita. (sac, ) (Entered: November 21, 2005)
|
| November 22, 2005 |
27
|
ORDER granting 24 Motion for Douglas B. Lipsky to Appear Pro Hac Vice upon
payment of the appropriate fee. It is further ordered that a copy of this order be served upon pro se plaintiff within 10 days of the date hereof. (Signed by Judge Naomi Reice Buchwald on
11/21/2005) (lb, ) (Entered: November 23, 2005)
|
| November 23, 2005 |
|
Transmission to Attorney Admissions Clerk. Transmitted re: [27] Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, )
(Entered: November 23, 2005)
|
| November 23, 2005 |
28
|
MEMORANDUM OF LAW in Opposition re: 24 MOTION for Douglas B.Lipsky to
Appear Pro Hac Vice. Document filed by Patrick Kilkenny. (cd, ) (Entered: November 30, 2005)
|
| December 1, 2005 |
29
|
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Patric Kilkenny dated 11/22/05. ENDORSEMENT: All discovery is stayed pending the resolution of the pending motions. (Signed by
Judge Naomi Reice Buchwald on 11/30/05) (kco, ) (Entered: December 2, 2005)
|
| December 29, 2005 |
|
CASHIERS OFFICE REMARK on [27] Order on Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 12/14/2005, Receipt Number 564394. (jd, ) (Entered: December 29, 2005)
|
| April 26, 2006 |
30
|
MEMORANDUM AND ORDER granting [13] Motion to Dismiss, denying [13] Motion for Sanctions, and plaintiff's motion to strike is denied. (Signed by Judge Naomi Reice Buchwald on 4/21/2006)
(jmi, ) (Entered: April 26, 2006)
|
| May 12, 2006 |
31
|
NOTICE OF APPEAL from [30] Order on Motion to Dismiss, Order on Motion for Sanctions. Document filed by Patrick Kilkenny. Copies of Notice of Appeal mailed to Attorney(s) of Record: Pollack
& Kaminsky; Bressler, Amery & Ross, P.C.; Greenberg Traurig, LLP. (tp, ) (Entered: July 7, 2006)
|
| May 12, 2006 |
|
Appeal Remark as to [31] Notice of Appeal, filed by Patrick Kilkenny. NO FEE, IFP GRANTED 7/15/05. (tp, ) (Entered: July 7, 2006)
|
| May 18, 2006 |
|
Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Pretrial Conference held on 5/18/2006. Via Telephone. (db, ) (Entered: May 26, 2006)
|
| July 7, 2006 |
|
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [31] Notice of Appeal. (tp, ) (Entered: July 7, 2006)
|
| July 7, 2006 |
|
Transmission of Notice of Appeal to the District Judge re: [31] Notice of Appeal. (tp, ) (Entered: July 7, 2006)
|
| July 11, 2006 |
32
|
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [31] Notice of Appeal, filed by Patrick Kilkenny, 3 Copies of the index, Certified Clerk
Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: July 11, 2006)
|
| July 11, 2006 |
|
Appeal Record Sent to USCA (File). Indexed record on Appeal Files for [31] Notice of Appeal, filed by Patrick Kilkenny, were transmitted to the U.S. Court of Appeals. (tp, ) (Entered:
07/11/2006)
|
| September 14, 2006 |
|
Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Telephone Conference held on 9/14/2006. (jco, ) (Entered: September 21, 2006)
|
| December 1, 2006 |
33
|
MANDATE of USCA (Certified Copy) as to [31] Notice of Appeal, filed by Patrick Kilkenny, USCA Case Number 06-3247-cv. This Court has determined sua sponte that it lacks jurisdiction over
the appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. section 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467(1978) ("Federal
appellate jurisdiction generally depends on the existence of a decision by the District Court that ends the litigation on the merits and leaves nothing for the court to do but execute the
judgment.") (citation omitted). Moreover, the order appealed from was not certified by the District Court for interlocutory review under 28 U.S.C. section1292 (b), it does not satisfy the
requirements of Fed. R. Civ. P. 54 (b), and it does not fall within the collateral order expection, see Whiting v. Lacara, 187 F.3d 317, 320 (2d Cir. 1999)(noting that to fit within the
collateral order expection, the interlocutory order must concusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be
effectively unreviewable on appeal from a final judgment.) Therefore, it is Ordered that the appeal is Dismissed for lack of jurisdiction. Appellant`s motion to disqualify is Denied as
moot. Thomas Asreen, Acting Clerk USCA. Issued As Mandate: 11/29/2006. (nd, ) (Entered: December 1, 2006)
|
| December 1, 2006 |
|
Transmission of USCA Mandate/Order to the District Judge re: 33 USCA
Mandate,,,,,. (nd, ) (Entered: December 1, 2006)
|
| December 27, 2006 |
34
|
MOTION to Substitute Attorney. Old Attorney: Greenberg Traurig, LLP, New Attorney: Morgan, Lewis & Bockius, LLP. Document filed by Morgan Stanley, Inc. (jco, ) (Entered: December 29, 2006)
|
| December 27, 2006 |
35
|
Certification of Kimberly E. Lunetta in support of defendant Morgan Stanley's motion for Substitution of Attorney. (jco, ) (Entered: December 29, 2006)
|
| January 19, 2007 |
36
|
ORDER: granting [34] Defendant's Motion to Substitute Attorney. It is further ordered that defendant's motion for reasonable attorneys' fees and costs and other and further relief is
denied. (Signed by Judge Naomi Reice Buchwald on 1/18/2007) (lb) (Entered: January 22, 2007)
|
| April 17, 2007 |
|
Appeal Record Returned. Indexed record on Appeal Files for Appeal Record Sent to USCA - File USCA Case Number 06-3247, returned from the U.S. Court of Appeals. (nd) (Entered: April 18, 2007)
|
