Case Details

CourtNorthern District of New York
Docket number7:02-cv-00845
Date case filed2002-06-26
Date case closed2005-06-13
Date of latest filing
Assigned toJudge David N. Hurd
Case cause28:1345 USA Plaintiff
Nature of suit890 Other Statutory Actions
Jury demandNone
Demand
JurisdictionU.S. Government Plaintiff

Case Parties

Party: United States of America
Party type: Plaintiff
ex rel. The Saint Regis Mohawk Tribe
Attorney name: Daniel A. Seff
Attorney Contact:
Burak, Anderson Law Firm
PO Box 787
Burlington, VT 05402-0787
802-862-0500
Fax: 802-862-8176
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Russell D. Barr
Attorney Contact:
Barr & Associates
125 Mountain Road
Stowe, VT 05672
802-253-6272
Fax: 802-253-6055
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: President R.C.- St. Regis Management Company
Party type: Defendant
Attorney name: Loretta M. Gastwirth
Attorney Contact:
Meltzer, Lippe Law Firm
190 Willis Avenue
Mineola, NY 11501
516-747-0300
Fax: 516-747-0653
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Anderson-Blake Construction Corporation
Party type: Defendant
Attorney name: Loretta M. Gastwirth
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Marlene L. Budd
Attorney Contact:
Suffolk County Family Court
400 Carleton Ave
Central Islip, NY 11722-4504
631-853-7752
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: President R.C.- St. Regis Management Company
Party type: Counter Claimant
Attorney name: Loretta M. Gastwirth
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Anderson-Blake Construction Corporation
Party type: Counter Claimant
Attorney name: Loretta M. Gastwirth
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Marlene L. Budd
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: United States of America
Party type: Counter Defendant
Attorney name: Russell D. Barr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12002-06-26 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 64110 ; Service deadline 8/25/02 for Anderson-Blake Const, for President R.C. (wbl) (Entered: 06/27/2002)
22002-07-01 LETTER from Russell D. Barr to Clerk dated 6/26/02 re: informing the Clerk that his client waives sealing the qui tam action (fce) Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 07/02/2002)
32002-07-05 LETTER of Russell D. Barr, Esq. dd 7-02-02 regarding his unavailability from 7-29-02 thru 8-16-02 (pta) Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 07/10/2002)
42002-07-29 SUMMONS Returned Executed as to President R.C., Anderson-Blake Const on 7/18/02 : Answer due on 8/7/02 for Anderson-Blake Const, for President R.C. (fce) Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 07/29/2002)
52002-08-13 STIPULATION NOTICE of by USA, President R.C., Anderson-Blake Construction Corp. extending time to answer until 8-23-02 (pta) Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 08/13/2002)
62002-08-28 LETTER on behalf of President R.C., Anderson-Blake Const pursuant to Local Rule 7.1(b) regarding Motion: Dismissal and sanctions Date Served upon counsel: 8/23/02 (plp) Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 08/30/2002)
72002-10-03 LETTER/NOTICE dated 9/26/02; Letter addressed to MJ Peebles from Loretta Gastwirth, Esq. for defts. President R.C., Anderson-Blake Const; Letter requests that the Court adjourn the Rule 16 conference set for 10/10/02 at 10:00, due to a forthcoming motion to Dismiss (kcl) Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/07/2002)
82002-10-03 Scheduling Notice: Letter advising counsel for parties that the Court has reset the following Filing Order Deadlines: Conference set before Magistrate Judge David E. Peebles Syracuse, Status Conference at 10:30 11/14/02 , Deadline filing Case Management Plan, 11/4/02 ; Notice sent by MJ Peebles 10/3/03 (kcl) (Entered: 10/07/2002)
92002-10-21 Minute entry: Telephone Conference held before Judge Peebles regarding Order to Show Cause submitted by plaintiff's counsel Atty. Seff. Atty. Gastwirth objects to this TRO & states that the order is not specific as to what should be filed under seal. Atty. Gastwirth states that she will be filing w/ the Clerk's Office in Binghamton reply papers to the motion to dismiss by Fed Ex tomorrow. The motion to dismiss is intended to be heard on 11/12/02. Judge gives parties four different options regarding the Order to Show Cause. Parties discuss options. Judge signs Order to Show Cause w/ briefing schedule to follow. This schedule will not effect the motion to dismiss that is before Judge McAvoy. Atty. Gastwirth is to file a letter brief by close of business on 10/31/02 (may be by fax). Atty. Seff is to file his reply letter brief by close of business on 11/4/02 (may be by fax). Atty. Seff is to include in his letter brief what use does the document possess & why it is relevant to attach to the 12(b) motion. All letter briefs shall be filed under seal until the next conf. is held. Next TC is scheduled for 11/6/02 at 11:00 a.m. & will be recorded. Atty. Seff is to initiate the call to Chambers. Due to the pending motion to dismiss, the Rule 16 Conf. scheduled for 11/14/02 at 10:30 a.m. is adjourned until 1/23/03 at 11:00 a.m. & is to be held by telephone. Atty. Seff is to initiate this call to Chambers. APP: Atty. Daniel Seff for Pltf., Atty. Loretta Gastwirth for Deft. St. Regis Management Company, Atty. Marlene Budd for Deft. Anderson-Blake. set Pretrial Conference for 11:00 11/6/02 Clerk/ECRO: Shelly Lazzaro (sal) (Entered: 10/21/2002)
102002-10-21 ORDER TO SHOW CAUSE: by Anderson-Blake Const why and order should not be entered directing that certain portions of the declaration of Gary Melius be treated as confidential by parties; That they be redacted from filing under seal and that such declaration not be distributed to ant 3rd party except in redacted form ; Motion Hearing set for 11:00 11/6/02 via telephone w/ MJ Peebles; Response Deadline 10/31/02; reply due 11/4/02 ( Signed by Magistrate Judge David E. Peebles 10/21/02 ) (kcl) (Entered: 10/22/2002)
112002-10-22 **UNSEALED as of 11/25/02 per court's [35-1] order. SEALED DOCUMENT (letter dated 10/18/02) (kcl) Modified on 12/02/2002 (kcl) (Entered: 10/22/2002)
122002-10-22 **UNSEALED as of 11/25/2002 per court's 35 order. SEALED DOCUMENT ( Memorandum of Law) (kcl) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/22/2002)
132002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - declaration of Daniel Seff in support of motion w/exhibits A-D. (kcl) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/22/2002)
142002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Declaration of Jason Gross in support of motion. (kcl) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/22/2002)
152002-10-22 Scheduling Notice: Letter advising counsel for parties that the Rule 16 conference set for 11/14/02 has been reset to 11:00 on 1/23/03 via telephone w/ MJ Peebles, Deadline for filing Case Management Plan, 1/13/03 ; Notice sent by MJ Peebles (kcl) Modified on 11/15/2002 (Entered: 10/22/2002)
162002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. Defts' SEALED MOTION Hearing set for 10:00am on 11/12/02 in Albany (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/23/2002)
172002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Memo in support of [16-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/23/2002)
182002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Affidavit in support of [16-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/23/2002)
192002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. Defts' SEALED MOTION Hearing set for 10:00am on 11/12/02 in Albany (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/23/2002)
202002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Affidavit in support of [19-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/2/2005 (see, ). (Entered: 10/23/2002)
212002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Defts' Memorandum in support of [19-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/6/2005 (see, ). (Entered: 10/23/2002)
222002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Pltf's memorandum in opposition to [19-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/6/2005 (see, ). (Entered: 10/23/2002)
232002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Pltfs' affidavit in opposition to [19-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/6/2005 (see, ). Additional attachment(s) added on 9/6/2005 (see, ). (Entered: 10/23/2002)
242002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Pltf's response in opposition to Deft's [16-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/6/2005 (see, ). (Entered: 10/23/2002)
252002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Pltfs Opposition to defts. [16-1] Motion (kcl) Modified on 12/02/2002 Additional attachment(s) added on 9/6/2005 (see, ). (Entered: 11/18/2002)
262002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Defts' reply in support of [19-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/6/2005 (see, ). (Entered: 10/23/2002)
272002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Defts' reply in support of [19-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 10/23/2002)
282002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Defts' reply in support of [16-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 10/23/2002)
292002-10-22 **UNSEALED as of 11/25/02 per Court's [35-1] order. SEALED DOCUMENT - Defts' reply in support of [16-1] motion (amt) Modified on 12/02/2002 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 10/23/2002)
302002-10-31 Court NOTICE to counsel dd 10/31/02 advising that the pending motions for 11/12/02 are on submit basis, no appearances necessary (sfp) Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 10/31/2002)
312002-11-06 Minute entry of pretrial conference before MJ Peebles; App: Daniel Seff, Esq. for pltf., Loretta Gastwirth, Esq. for deft., Clerk K. Barney; Judge Peebles hears argument re: pltfs. motion to seal portions of Melius Affidavit submitted to DJ McAvoy w/ pending motion to dismiss; Judge Peebles reserves decision, to be issued in short-form order w/in a few days (kcl) (Entered: 11/06/2002)
322002-11-14 Minute entry: MOTION CALENDAR held 11/12/02 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/DM; CRD/mp. Defts' [19-1] SEALED motion; and, Defts' [16-1] SEALED motion - TAKEN ON SUBMIT. (cml) (Entered: 11/14/2002)
332002-11-14 MEMORANDUM OF LAW IN RESPONSE by Loretta Gastwirth, Esq. defts. President R.C., Anderson-Blake Const to [10-1] motion Attached Exhibits A-H - **unsealed as of 11/25/02 per Court's [35-1] order (kcl) Modified on 12/02/2002 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 11/18/2002)
342002-11-14 REPLY/LETTER MEMORANDUM OF LAW dated 11/4/02 by Russell Barr, Esq. for USA to response to [10-1] motion - **unsealed as of 11/25/02 per Court's [35-1] order (kcl) Modified on 12/02/2002 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 11/18/2002)
352002-11-14 DECISION AND ORDER: The Court hereby denies the [10-1] motion for an order redacting and sealing portions of the Melius Declaration, submitted in Opposition to deft's. motion to Dismiss, as well as any other papers referencing those excerpts; The Clerk is directed to unseal documents previously filed under seal in connection w/ the pending dismissal Motion, as well as wiht regard to this motion, including docket numbers: 11-14, and 17-29; Clerk is to docket letters dated 10/31/02 from loretta Gastwirth with exhibits, as well as the reply letter dated 11/4/02 from Russell Barr, Esq., provided, however that these documents be filed under seal until the expiration of the stay set forth hereon; This order is stayed for a period of 10 days form the date of issuance, in order to allow pltf.to apply to the assigned District Court Judge for review if this order and /or whatever interim releif is deemed appropriate ( Signed by MJ Peebles 11/14/02 ) (kcl) Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 11/18/2002)
362002-11-18 ORDER OF CLARIFICATION: By Order dated 11/14/02, docket [35-1], certain documents were filed under sael as a result of an erlier order to show cause, be unsealed, following the expiration of a 10 business day stay; In that Order docket # 16 was inadvertently omitted; Therefore, the Clerk is directed to also unseal document [19-1] subject to the10 business day stay provided for in the 11/14/02 order ( signed by Magistrate Judge David E. Peebles 11/18/02 ) (kcl) Modified on 05/30/2003 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 11/18/2002)
372003-01-07 LETTER/NOTICE dated 1/6/03; Letter addressed to MJ Peebles from Loretta Gastwirth, Esq., Counsel for deft. President R.C.; Counsel requests, on behalf of both parties, an adjournment of the 1/23/03 Rule 16 confenrece (kcl) Modified on 05/30/2003 Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 01/08/2003)
382003-01-07 Scheduling Notice: Letter advising counsel for parties that the Court reset the Rule 16 telephone Status Conference to 11:30 on 3/20/03, Deadline filing Case Management Plan, 3/10/03 ; Pltfs. attorney is to initiate the call; Notice sent by MJ Peebles (kcl) Modified on 05/30/2003 (Entered: 01/08/2003)
392003-03-13 LETTER REQUEST & ORDER: dated 3/3/03 by Daniel Seff, Esq., requesting an adjournment of the Rule 16 conference pending a decision on the motion to dismiss, request granted, reset Filing Order Deadlines: Conference set before Magistrate Judge David E. Peebles, Status Conference at 5/1/03 at 3:00 PM, Deadline for filing Case Management Plan, 4/21/03 (Signed by Magistrate David E. Peebles) (jmb) Modified on 05/30/2003 (Entered: 03/24/2003)
402003-04-25 ORDER ADJOURNING RULE 16 CONFERENCE: resetting Filing Order Deadlines: Conference set before Magistrate Judge David E. Peebles in Syracuse, Status Conference at 7/17/03 at 11:30 AM, Deadline for filing Case Management Plan, 7/7/03 (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 05/30/2003 (Entered: 05/02/2003)
412003-05-22 ORDER denying [19-1] motion Defts' SEALED MOTION, denying [16-1] motion Defts' SEALED MOTION ( signed by Judge Thomas J. McAvoy ) Date Entered: 5/22/03 (amt) Modified on 05/30/2003 Additional attachment(s) added on 1/3/2006 (see, ). (Entered: 05/22/2003)
422003-06-06 Letter of Atty Gastwirth dd 6/5/03 requesting the Court hear the motion to amend on an expedited schedule [court to entertain on 8/11 mc as scheduled - per chambers/DM] (amt) Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 06/06/2003)
432003-06-06 MOTION by Defts to Amend [41-1] order , Hearing set for 9:30am on 8/11/03 , Response Deadline 7/28/03 , Reply to Response Deadline 8/4/03; Motion returnable before Judge Thomas J. McAvoy (amt) Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 06/06/2003)
442003-06-06 AFFIDAVIT by Atty Horn on behalf of Defts President R.C., Anderson-Blake Const in support of [43-1] motion by Defts to Amend [41-1] order (amt) Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 06/06/2003)
452003-06-06 DEFTS' MEMORANDUM in support of [43-1] motion by Defts to Amend [41-1] order (amt) Additional attachment(s) added on 9/7/2005 (see, ). (Entered: 06/06/2003)
462003-06-06 ANSWER to Complaint and COUNTERCLAIM by President R.C., Anderson-Blake Const (Attorney Loretta M. Gastwirth) against USA (amt) (Entered: 06/06/2003)
472003-06-09 ANSWER to Complaint by Anderson-Blake Const (Attorney Marlene Budd), (amt) (Entered: 06/09/2003)
482003-06-23 Court Scheduling Notice to counsel resetting Defts [43-1] motion to the 8/11/03 motion calendar at 10:00 AM in Albany bef. Judge McAvoy (sfp) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 06/23/2003)
492003-07-03 ANSWER by USA to [46-2] counter claim (wjg) (Entered: 07/07/2003)
502003-07-10 REQUEST and ORDER, reset Filing Order Deadlines: Conference set before Magistrate Judge David E. Peebles in Syracuse, Status Conference at 11:30 9/25/03 , Deadline for filing Case Management Plan, 9/15/03 ( signed by Magistrate Judge David E. Peebles ) (jt) (Entered: 07/11/2003)
512003-07-14 ORDER denying [43-1] motion by Defts to Amend [41-1] order ( signed by Judge Thomas J. McAvoy ) Date Entered: 7/14/03 (amt) (Entered: 07/14/2003)
522003-08-12 Minute entry: MOTION CALENDAR held 8/11/03 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SE; CRD/mp. Defts' [43-1] motion to Amend [41-1] order - DENIED per TJM [51-1] order. (cml) (Entered: 08/12/2003)
532003-09-18 Proposed Joint Civil Case Management Plan Submitted. (jt) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 09/18/2003)
542003-09-25 Minute entry: APPR: Presiding MJ Peebles; Clerk C. McNulty; Daniel Seff, Esq. for pltf; Loretta Gastwirth, Esq. for deft President R.C.; Kevin Harrigan, Esq. for deft Anderson-Blake; [11:40am-12:15pm]: IP Rule 16: Discussed status of the case. Pltf states they intend to move for Summary Judgment by the end of October. MJ Peebles issues a Uniform Pretrial Scheduling Order. Next tele-cnf scheduled for 1/14/04 at 3:30; pltf to initiate (jt) (Entered: 10/01/2003)
552003-09-29 ORDER/NOTICE OF PRETRIAL CONFERENCE, set Pretrial Conference for 3:30 1/14/04 by telephone; pltf's atty to initiate call ( signed by Magistrate Judge David E. Peebles ) (jt) (Entered: 10/01/2003)
562003-09-29 Uniform Pretrial Order; Length of Trial: 5 days days; Trial Location: Albany, NY; Joining of Parties Deadline 10/31/03 ; Amending of Pleadings Deadline 10/31/03 ; Discovery Deadline 4/30/04 ; Motion Filing Deadline 5/31/04 ; Trial ready deadline 10/1/04 Bench Trial Deadline 9:30 10/13/04 ; (Signed by: Magistrate Judge David E. Peebles) (jt) (Entered: 10/01/2003)
572003-10-31 Minute entry: Telephone Conf. held before Judge Peebles. Defts. have enough information to take the deposition of Mr. Lehtinen. Atty. Seff is to request from Mr. Lehtinen a written statement advising that he will rely on his attorney's submissions, abide by any ruling of the court, and will also appear in court if needed. Judge notes that once Atty. Seff receives this statement, he is to check w/ Atty. Gastwirth if it is satisfactory, and then submit it to the court. Atty. Gastwirth advises that the two chief's depositions are scheduled for 11/13 & 11/14. Judge sets up briefing schedule on jurisdictional issue: Pltf's. brief is due by 11/7/03 (15 page limit) and Defts. brief is due by 11/19/03 (15 page limit). No replies are permitted unless prior approval from the court. If Mr. Lehtinen wishes to file a letter brief, it will be due by 11/7/03. Judge schedules a telephone conference for 11/25/03 at 9:00 a.m.. This conference will be tape recorded & the Judge will make a verbal ruling that day. Thereafter, a written decision will be issued and the parties will have 10 days to appeal that decision before Judge McAvoy. Judge agrees w/ parties that Mr. Lehtinen's deposition is not to go forward until a decision is rendered on the 25th. APP: Daniel Seff, Esq. & Loretta Gastwirth, Esq.. Clerk: Shelly Lazzaro (sal) (Entered: 10/31/2003)
582003-10-31 NOTICE by D. Lehtinen stating that he consents to NDNY's jurisdiction to decide a motion to quash a subpoena (jt) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 11/06/2003)
592003-10-31 ORDER, set Pretrial Telephone Conference for 9:00 11/25/03; deft's atty to initiate call (signed by Magistrate Judge David E. Peebles) (jt) (Entered: 11/06/2003)
602003-11-12 MOTION by USA to Quash Subpoena and for Protective Order , Hearing set for 9:00 11/25/03 , Response Deadline 5:00 11/19/03 Motion returnable before Judge/Mag. Judge: Peebles (wjg) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 11/13/2003)
612003-11-12 DECLARATION/AFFIDAVIT by Daniel Seff for USA Re: support of [60-1] motion to Quash Subpoena and for Protective Order (wjg) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 11/13/2003)
622003-11-12 MEMORANDUM OF LAW by USA in support of [60-1] motion to Quash Subpoena and for Protective Order (wjg) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 11/13/2003)
632003-11-20 MEMORANDUM by President R.C. in opposition to [60-1] motion to Quash Subpoena and for Protective Order (jt) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 11/20/2003)
642003-11-20 DECLARATION IN OPPOSITION (W. Horn) [attached to L. Gastwirth's Declaration] by President R.C. Re: [60-1] motion to Quash Subpoena and for Protective Order (jt) (Entered: 11/20/2003)
652003-11-21 REPLY by USA to response to [60-1] motion to Quash Subpoena and for Protective Order (sal) (Entered: 11/21/2003)
662003-11-25 Minute entry: Tape-Recorded Discovery Conference concerning deposition of Dexter Lehtinen. After lengthy oral argument MJ Peebles issued a ruling refusing to quash a subpoena issued to Dr. Lehtinen finding that the tribe, by commencing suit, had waived sovereign immunity and the testimony to be elicited was relevant to the claims and defenses, including counterclaims, in the suit. MJ Peebles indicated to Attorney Seth in order to address his concerns re: the scope of waiver that I would specifically say in the order that no finding was made concerning its scope and whether it extended to the counterclaims asserted by the defendants. The taking of the deposition MJ Peebles directed would occur by 12/31/03. Daniel Seff, Esq. & Loretta Gaswirth, Esq.. CD#: 2003-36. Clerk: Cindy McNulty (sal) Additional attachment(s) added on 9/8/2005 (see, ). (Entered: 12/03/2003)
672003-12-02 ORDER denying [60-1] motion to Quash Subpoena to non-party D. Lehtinen, Esq.; deposition of Mr. Lehtinen is directed on or before 12/31/03 ( signed by Magistrate Judge David E. Peebles ) (jt) (Entered: 12/04/2003)
682003-12-18 DOCUMENT REJECTION ORDER as to Affidavit of Service of a Subpoena submitted by Meltzer, Kippe Firm on behalf of Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company returning - due to non filing of discovery pur. LR 26.2. Signed by Judge Thomas J. McAvoy on 12/18/03. (pta, ) Additional attachment(s) added on 12/19/2003 (pta, ). (Entered: 12/18/2003)
692004-01-06 ORDER Pretrial Conference reset for 1/26/2004 03:30 PM by TELEPHONE before Magistrate Judge David E. Peebles.. Signed by Judge David E. Peebles on 1/6/04. (jt, ) (Entered: 01/07/2004)
702004-01-09 STIPULATION & ORDER: adding the affirmative defense of "ratification" to the 46 Answer to Complaint, filed by President R.C.- St. Regis Management Company, Anderson-Blake Construction Corporation and adding a sixth affirmative defense to 49 Answer to Counterclaim filed by UNITED STATES OF AMERICA. Signed by Judge David E. Peebles on 1/9/04. (jmb, ) (Entered: 01/12/2004)
712004-01-27 Minute Entry for proceedings held before Judge David E. Peebles : Telephone Conference held on 1/27/2004. no new date for conference set (kcl, ) (Entered: 01/28/2004)
722004-03-05 NOTICE/LETTER BRIEF: dated 3/2/04 by Russell D. Barr on behalf of the United States of America, advising the Court that he will be out of the country from April 14, 2004 through May 3, 2004, and asks that consideration to that fact be given regarding scheduling in this matter. (jmb) (Entered: 03/08/2004)
732004-04-26 Letter from Daniel A. Seff for UNITED STATES OF AMERICA requesting permission to file an oversized memorandum of law in support of Plaintiff's motion for summary judgment. (Seff, Daniel) (Entered: 04/26/2004)
742004-04-26 Letter from Daniel A. Seff for UNITED STATES OF AMERICA requesting requesting permission to file an oversized memorandum of law in support of Plaintiff's motion for summary judgment (REVISED). (Seff, Daniel) (Entered: 04/26/2004)
752004-04-26 ORDER granting 73 Letter Request filed by UNITED STATES OF AMERICA to the extent Pltf is granted leave to file a 30 page memorandum. Signed by Judge Thomas J. McAvoy on 4/26/04. (amt, ) (Entered: 04/26/2004)
762004-04-27 Letter for President R.C.- St. Regis Management Company requesting Enlargement of brief size. (Gastwirth, Loretta) (Entered: 04/27/2004)
772004-04-27 ORDER granting 76 Letter Request filed by President R.C.- St. Regis Management Company for leave to file a 30 page memorandum and granting request that the motions be filed on 6/1/04. Signed by Judge Thomas J. McAvoy on 4/27/04. (amt, ) (Entered: 04/27/2004)
782004-05-20 ORDER REASSIGNING CASE. Case reassigned to Judge David N. Hurd for all further proceedings. Judge Thomas J. McAvoy no longer assigned to case. Signed by Judge Frederick J. Scullin Jr. on 5/20/04. (kcl, ) (Entered: 05/24/2004)
792004-05-26 Letter from Daniel A. Seff for United States of America requesting approval of proposed briefing schedules. (Seff, Daniel) (Entered: 05/26/2004)
802004-05-27 Letter request dd 5/26/2004 by Daniel Seff, Esq for the pltf, requesting an extension of the following deadlines/hearings: Summary Judgmet motions filed by 6/15/2004; oppositions filed by 7/21/2004; replies filed by 8/16/2004; and return date of 8/27/2004; So ORDERED. Signed by Judge David N. Hurd on 5/27/2004. (see) (Entered: 05/27/2004)
812004-06-15 Memorandum of Law by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company in support of 83 motion [same as main doc 82](Gastwirth, Loretta) Modified on 6/15/2004 (amt, ). (Entered: 06/15/2004)
822004-06-15 MEMORANDUM OF LAW re 81 Motion for Summary Judgment, filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Affidavit Grant Affidavit with NIGC Opinion Letter# 2 Declaration Horn Declaration in Support of Summary Judgment# 3 Exhibit A- Grant Aff. w/ NIGC Opinion Letter# 4 Exhibit B - Decision# 5 Exhibit C - Park Place NIGC Opinion# 6 Exhibit D (Part I) - Management Agreement# 7 Exhibit D (Part II) - Management Agreement# 8 Exhibit E - TCR 97-119 and TCR 97-136# 9 Exhibit F - NIGC Approval Letter# 10 Exhibit G - January 14, 1998 Letter A# 11 Exhibit H - Construction Contract# 12 Exhibit I - Fax to Lehtinen, Esq. with Draft Construction Contract# 13 Exhibit J - Lehtinen Transcript Excerpt# 14 Exhibit K - Smoke Transcript Excerpt# 15 Exhibit L - Horn Fax to NIGC 2/9/99 with Construction Contract# 16 Exhibit M - Qui Tam Complaint# 17 Exhibit N - President's Answer and Counterclaim with amendment thereto# 18 Exhibit O - Tribe's Proceeding Before NIGC# 19 Exhibit P - NIGC Letter dated June 26, 2001# 20 Statement of Material Facts # 21 Declaration Certificate of Service)(Gastwirth, Loretta) (Entered: 06/15/2004)
832004-06-15 MOTION for Summary Judgment Motion Hearing set for 8/27/2004 09:30 AM in Albany before Judge David N. Hurd. Response to Motion due by 8/10/2004 Reply to Response to Motion due by 8/16/2004. by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company.(Gastwirth, Loretta) (Entered: 06/15/2004)
842004-06-15 MOTION for Summary Judgment Motion Hearing set for 8/27/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 8/10/2004 Reply to Response to Motion due by 8/16/2004. by United States of America.(Seff, Daniel)[same as main doc 85] Modified on 6/17/2004 (amt, ). (Entered: 06/15/2004)
852004-06-15 MOTION for Summary Judgment Motion Hearing set for 8/27/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 8/10/2004 Reply to Response to Motion due by 8/16/2004. by United States of America. (Attachments: # 1 Memorandum of Law # 2 Exhibit Exhibit A - The Tribe's June 25, 2002 qui tam Complaint (minus exhibits)# 3 Exhibit Exhibit B (part 1) - Nov. 7, 1997 Fourth Amended and Restated Management Agreement between the Tribe and defendant President# 4 Exhibit Exhibit B (part 2) - Nov. 7, 1997 Fourth Amended and Restated Management Agreement between the Tribe and defendant President# 5 Exhibit Exhibit C - President's Answer and Counterclaims# 6 Exhibit Exhibit D - AIA Document A101 Standard Form of Agreement Between Owner and Contractor (1987 ed.) (the "Construction Contract")# 7 Exhibit Exhibit E - AIA Document A201 General Conditions of the Contract of Construction (1987 ed.)# 8 Exhibit Exhibit F - Anderson-Blake's Answer# 9 Exhibit Exhibit G - United States ex rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-TJM-DEP (N.D.N.Y. May 21, 2003) ("the May 21st Order")# 10 Exhibit Exhibit H - September 24, 1997 Agreement for Purchase of Partnership Interest (the "Buyout Agreement") between Massena Management Corp and Native American Management Corp.# 11 Exhibit Exhibit I - Deposition transcript for the Mar. 24, 2004 deposition of defendant Anderson-Blake's principal, Mr. Gary Melius# 12 Exhibit Exhibit J - May 21, 1996 NIGC memorandum concerning Mr. Melius. (The Tribe has requested Court permission to file Exhibit J under seal.)# 13 Exhibit Exhibit K - NIGC Chairman Harold Monteau's September 19, 1996 letter to Melius attorney Joseph Membrino and Tribe CEO Edward D. Smoke, Jr.# 14 Exhibit Exhibit L - Melius attorney Joseph Membrino's Sept. 17, 1996 letter to NIGC General Counsel Michael Cox# 15 Exhibit Exhibit M - Sep. 24, 1996 Watertown Daily Times newspaper article by Ms. Malinda Brent entitled, "Casino Partner Squeezed Out by Adverse Ruling"# 16 Exhibit Exhibit O - May 7, 1997 letter from President's Vice President and General Counsel, Walter K. Horn, Esq., to NIGC Commissioner Phil Hogen (Bates # PRC 002373 to 002375)# 17 Exhibit Exhibit P - Attachment 1 to the Management Agreement (listing Mr. Kaufman as the only person with a direct or indirect financial interest in and/or management responsibility for the Management Agreement)# 18 Exhibit Exhibit Q - Excerpt from the Jan. 31, 2002 deposition of Ivan Kaufman in Catskill Dev. LLC. v. Park Place Entm't Corp., No. 00 Civ. 8600-CM-GAY# 19 Exhibit Exhibit R - Excerpt from the Mar. 13, 2002 deposition of Ivan Kaufman in President R.C. - St. Regis Mgmt. Co. and Ivan Kaufman v. Park Place Entm't Corp, et. al., Index No. 00-008931# 20 Exhibit Exhibit S - Excerpt from the Aug. 22, 2002 deposition of Ivan Kaufman in President R.C. - St. Regis Mgmt. Co. and Ivan Kaufman v. Park Place Entm't Corp, et. al., Index No. 00-008931# 21 Exhibit Exhibit T - Excerpt from from the Apr. 29, 2004 deposition of Ivan Kaufman in United States ex. rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP# 22 Exhibit Exhibit U - Declaration of Gary Alan Melius (Aug. 13, 2000), Native Am. Mgmt. Corp., et al. v. Park Place Entm't Corp., et al., No. 01-2267-DRH# 23 Exhibit Exhibit V - Spreadsheet entitled "Massena Management Capital Contributions AS OF 12/31/98" (Bates # ARC 04527) prepared by Mr. Natalone, Sr. V.P. and Treasurer of Arbor Comm. Mort., LLC and in-house accountant in charge of financial reporting for Massena# 24 Exhibit Exhibit W - Spreadsheet entitled "Massena Investment - 12/31/98" (Bates # ARC 04522) prepared by Mr. Natalone# 25 Exhibit Exhibit X - Deposition transcript for the Apr. 13, 2004 deposition of Mr. Natalone in United States ex. rel. The Saint Regis Mohawk Tribe v. President R.C.-St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP# 26 Exhibit Exhibit Y - Spreadsheets (Bates # ARC 04465-04469) detailing loan distributions from Kaufman-owned ASF, Inc. to Melius-owned entities between Nov. 1996 and May 1999# 27 Exhibit Exhibit Z - Prom Note dated July 2, 1998 for $395,000 listing Oheka Castle Catering, Inc. and Oheka Mgmt. Corp. jointly as the Maker, and Arbor Secured Funding, Inc. as the Lender, issued at an interest rate of 10% per annum (Bates # ASF 0099-0105)# 28 Exhibit Exhibit AA - Prom Note dated Nov. 4, 1998 for $500,000 listing Oheka Castle Catering, Inc. and Oheka Mgmt. Corp. jointly as the Maker, and Arbor Secured Funding, Inc. as the Lender issued at an interest rate of 10% per annum (Bates # ASF 0120-0126)# 29 Exhibit Exhibit BB - Prom Note dated Nov. 24, 1998 for $250,000 listing Oheka Castle Catering, Inc. and Oheka Mgmt. Corp. jointly as the Maker, and Arbor Secured Funding, Inc. as the Lender issued at an interest rate of 10% per annum (Bates # ASF 0032-0038)# 30 Exhibit Exhibit CC - Prom Note dated Dec. 4, 1998 for $500,000 listing Oheka Castle Catering, Inc. and Oheka Mgmt. Corp. jointly as the Maker, and Arbor Secured Funding, Inc. as the Lender issued at an interest rate of 10% per annum (Bates # ASF 0021-0027)# 31 Exhibit Exhibit DD - Prom. Note dated Dec. 21, 1998 for $280,000 listing Oheka Castle Catering, Inc. and Oheka Mgmt. Corp. jointly as the Maker, and Arbor Secured Funding, Inc. as the Lender issued at an interest rate of 15% per annum (Bates # ASF 0001-0007)# 32 Exhibit Exhibit EE - Checks and invoices pertaining to loans from ASF, Inc. to Mr. Melius's entities (Bates # ASF 0089-0098)# 33 Exhibit Exhibit FF - Checks and invoices pertaining to loans from ASF, Inc. to Mr. Melius's entities with additional interest rate information added (Bates # ASF 0089-0093)# 34 Exhibit Exhibit GG - Jan. 14, 1998 letter from Mr. Kaufman to the Tribe's CEO, Mr. Smoke, informing Mr. Smoke of President's selection of Anderson-Blake and Archon Design, Ltd. as the Casino's General Contractor and Architect ("the January 14th Letter Agreement")# 35 Exhibit Exhibit HH - Deposition transcript for the Apr. 12, 2004 deposition of President's Senior Vice President and General Counsel, Walter K. Horn, Esq., in United States ex. rel. The Saint Regis Mohawk Tribe v. President R.C.-St. Regis Mgmt. Co., No. 02-CV-0845# 36 Exhibit Exhibit II - Deposition transcript for the Mar. 25, 2004 deposition of Anderson-Blake's purported President, Mr. Richard Bellando, in United States ex. rel. The Saint Regis Mohawk Tribe v. President R.C.-St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP# 37 Exhibit Exhibit JJ - Apr. 8, 2002 Affidavit of Mr. Warren Schiffman, the purported Archon architect in charge of the Casino project# 38 Exhibit Exhibit KK - AIA Document B141 Standard Form of Agreement Between Owner and Architect (1987 ed.) between President and Archon (the "Owner-Architect Agreement")# 39 Exhibit Exhibit LL - Excerpt from the Apr. 10, 2002 deposition of purported Archon architect Roger Diller in President R.C. - St. Regis Mgmt. Co v. The Saint Regis Mohawk Tribe, No. 00-CV-5923-DRH-ETB# 40 Exhibit Exhibit MM (part 1) - Anderson-Blake's monthly applications to President for payment# 41 Exhibit Exhibit MM (part 2) - Anderson-Blake's monthly applications to President for payment# 42 Exhibit Exhibit NN - Anderson-Blake's Sept. 1, 2000 final application for payment# 43 Exhibit Exhibit OO - Jan. 5, 2000 letter from Mr. Horn to the NIGC's Director of Contracts, Fred W. Stuckwisch, together with the attached "ST. REGIS' AKWASASNE (sic) MOHAWK CASINO DOCUMENT/INFORMATION REQUEST," (Bates # PRC 021844 to 021848)# 44 Exhibit Exhibit PP - Declaration of Ivan Kaufman (Feb. 22, 2001) in Native Am. Mgmt. Corp., et al. v. Park Place Entm't Corp., et al., No. 01-2267-DRH# 45 Exhibit Exhibit QQ - Jan. 9, 1998 fax to Mr. Melius from Mr. Richard E. Starr, Senior Vice President of Economic Research Associates# 46 Exhibit Exhibit RR - Jan. 15, 1998 fax to Mr. Melius from Economic Research Associates associate Mr. Zach Van Buren# 47 Exhibit Exhibit SS - June 5, 1998 settlement agreement between Mr. Melius and Mr. John Borrello; a Feb. 9, 2000 letter to Mr. Melius from Mr. Borrello; and several spreadsheets detailing over $600,000 in payments from a Melius-owned entity, NCNA, to Mr. Borrello# 48 Exhibit Exhibit TT - Nov. 8, 1998 fax from Mr. David P. Larson of B&L Financial, Inc. to Mr. Melius at "President R.C. - St. Regis Management Company" concerning the selection of gaming machines to install in the Casino# 49 Exhibit Exhibit UU - Oct. 7, 1998 fax from Mr. David A. Freedman of PFI Capital Partners, Inc. to Mr. Melius attaching a letter to Mr. Kaufman from Jack Deremer at Video Lottery Corporation, Inc. (Bates # ARC 08066 to ARC 08068)# 50 Exhibit Exhibit VV - Oct. 8, 1998 fax from Mr. Freedman to Mr. Melius attaching an Oct. 8, 1998 letter from Steven W. Erickson at Miller & Schroeder Investments Corporation to Mr. Kaufman (Bates # ARC 08069 to ARC 08071)# 51 Exhibit Exhibit WW - Oct. 23, 1998 fax of a proposed $10 million Loan Placement Agreement from Mr. Erickson and Mr. Larson to Mr. Kaufman addressed to Mr. Melius's office street address and fax number (Bates # ARC 08057 to ARC 08064)# 52 Exhibit Exhibit XX - Nov. 5, 1998 fax from Mr. Larson to Mr. Melius at "President R.C. - St. Regis Management Company" attaching a revised Loan Placement Agreement from Mr. Erickson and Mr. Larson to Mr. Kaufman (Bates # ARC 07976 to ARC 07985)# 53 Exhibit Exhibit YY - Oct. 21, 1998 letter from Mr. Melius to Mr. Al Crary# 54 Exhibit Exhibit ZZ - Dec. 29, 1998 fax from Mr. Horn to Mr. Melius, including a cover page and a draft Pledge Agreement (Bates # ARC 07958 to ARC 07961)# 55 Exhibit Exhibit AAA - Feb. 4, 1999 letter on President letterhead to Mr. John Ransom of J & J Insurance from Mr. Richard Bellando, who signed the letter as President's "Assistant Project Manager"# 56 Exhibit Exhibit BBB - May 16, 2000 letter on Archon design letterhead addressed to "whom it may concern" at President from Mr. Bellando# 57 Exhibit Exhibit CCC - Draft Feb. 18, 1999 letter from Mr. Kaufman to Mr. Fred Stuckwisch, NIGC Director of Contracts and Audits, concerning a requested increase in the Development Expense cap# 58 Exhibit Exhibit DDD - Mar. 15, 1999 memorandum from Mr. Horn to Mr. Kaufman, Mr. Melius, and Casino General Manager John Ferrucci regarding a meeting with the New York State Liquor Authority# 59 Exhibit Exhibit EEE - March and April 1999 "FOR GARY EYES ONLY" reports to Mr. Melius from Mr. Al Crary regarding various management-related issues, including security and gaming# 60 Exhibit Exhibit FFF - May 3, 1999 fax from Mr. Horn to Mr. Melius and Ivan Kaufman friend William Helmreich attaching an April 30, 1999 Marketing Activities Update memorandum dated April 30, 1999# 61 Exhibit Exhibit GGG - May 12, 1999 memorandum from Ms. Joan Cergol to Mr. Melius concerning "Marketing Support for Akwasanse Mohawk Casino" (sic)# 62 Exhibit Exhibit HHH - May 14, 1999 fax from Mr. Ferrucci to Mr. Melius regarding a "PLANE PROGRAM PROPOSAL" attaching a May 14, 1999 letter from Mr. Ferrucci to Mr. Frank Vinchiarello regarding Mr. Vinchiarello's proposal to transport Casino patrons by airplane# 63 Exhibit Exhibit III - May 18, 1999 fax from Mr. Ferrucci to Mr. Melius attaching a May 14, 1999 letter from Richard F. Duda, the Casino's Director of Marketing, to Ms. Nancy Mullin at the NY State Dept. Transp. regarding the need for Casino road signs# 64 Exhibit Exhibit JJJ - May 19, 1999 fax from Mr. Natalone to Mr. Melius attaching three financial spreadsheets including one labeled, "Akwesasne Mohawk Casino Statement of Operations Forecast for the Period Ended April 30, 1999" (Bates # ARC 04460 to ARC 04463)# 65 Exhibit Exhibit KKK - May 26, 1999 fax from Mr. Horn to Mr. Melius attaching State Liquor Authority General Counsel Thomas G. McKeon's May 19, 1999 letter to Mr. Horn and Mr. Horn's May 19, 1999 response to Mr. McKeon# 66 Errata Exhibit LLL - June 4, 1999 memorandum from Mr. Ferrucci to Messrs. Horn and Melius attaching "media confirmations" from mid-March through July 4, 1999# 67 Exhibit Exhibit MMM - June 7, 1999 memorandum from Mr. Natalone to Messrs. Kaufman, Horn and Melius regarding a "Meeting held on June 2, 1999" (Bates # ARC 04554 to ARC 04555)# 68 Exhibit Exhibit NNN - June 29, 1999 fax from Mr. David Larson of B&L Financial Inc. to Mr. Melius regarding an "Akwesasne Mohawk Casino Project - Consulting Proposal" and attaching Mr. Larson's June 28, 1999 letter to Mr. Kaufman# 69 Exhibit Exhibit OOO - Aug. 12, 1999 memorandum from Mr. Natalone to Mr. Melius regarding "Casino Financial Information" attaching spreadsheets (Bates # ARC 04753 to ARC 04770)# 70 Exhibit Exhibit PPP - Sept. 3, 1999 fax from Anna Maria Porco of Kaufman-owned Arbor Mgmt., LLC to Mr. Melius regarding "Casino July 31 #s and August UNAUDITED Revenue Report" and attaching detailed Casino financial spreadsheets (Bates # ARC 04822 to ARC 04846)# 71 Exhibit Exhibit QQQ - Sept. 8, 1999 fax from Mr. Horn to Mr. Melius attaching an Aug. 20, 1999 memo from Chief Benedict of the Tribal Police Dept. requesting money from the Casino for two additional police officers# 72 Exhibit Exhibit RRR - Sept. 10, 1999 fax from Mr. Ferrucci to Mr. Kaufman (Bates # ARC 05763 to ARC 05768) in which Mr. Ferrucci expresses concern over Anderson-Blake Construction Manager William Thornton's Casino role# 73 Exhibit Exhibit SSS - Oct. 12, 1999 fax from Mr. Melius to Mr. Horn attaching Park Place Entertainment Corp. attorney Robert J. Carroll's Oct. 12, 1999 fax to Mr. Melius# 74 Exhibit Exhibit TTT - Oct. 14, 1999 fax from Mr. Melius to Mr. Carroll attaching a "Preliminary Term Sheet Discussion"# 75 Exhibit Exhibit UUU - Feb. 22, 2000 memorandum from Mr. Natalone to Mr. Horn in which Mr. Natalone recounts a Nov. 1999 telephone call between Mr. Melius and Mr. Carroll# 76 Exhibit Exhibit VVV - June 16, 2000 letter from Mr. Melius to Park Place Executive Vice President Clive Cummis concerning a proposed sale President's Casino interest to Park Place# 77 Exhibit Exhibit WWW - Decision and Order, United States ex rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-TJM-DEP (N.D.N.Y. July 11, 2003)# 78 Exhibit Exhibit XXX - Short Form Order, President R.C. - St. Regis Mgmt. Co. v. The Saint Regis Mohawk Tribe, No. 011959-02 (N.Y. Sup. Ct. Nassau Co. Dec. 17, 2002)# 79 Exhibit Exhibit N - Unexecuted copy of the Sept. 24, 1997 Massena Management LLC / PRC - St. Regis, Inc. buyout agreement with an accompanying fax cover sheet# 80 Affidavit of Daniel A. Seff in Support of Plaintiff's Motion for Summary Judgment# 81 Statement of Material Facts in Support of Plaintiff's Motion for Summary Judgment)(Seff, Daniel) (Entered: 06/15/2004)
85.2 Memorandum of Law
85.3 Exhibit Exhibit A - The Tribe's June 25, 2002 qui tam Complaint (minus exhi
85.4 Exhibit Exhibit B (part 1) - Nov. 7, 1997 Fourth Amended and Restated Managemen
85.5 Exhibit Exhibit B (part 2) - Nov. 7, 1997 Fourth Amended and Restated Managemen
85.6 Exhibit Exhibit C - President's Answer and Counterclaims
85.7 Exhibit Exhibit D - AIA Document A101 Standard Form of Agreement Between Owner a
85.8 Exhibit Exhibit E - AIA Document A201 General Conditions of the Contract of Cons
85.9 Exhibit Exhibit F - Anderson-Blake's Answer
85.10 Exhibit Exhibit G - United States ex rel. The Saint Regis Mohawk Tribe v. Presid
85.11 Exhibit Exhibit H - September 24, 1997 Agreement for Purchase of Partnership Int
85.12 Exhibit Exhibit I - Deposition transcript for the Mar. 24, 2004 deposition of de
85.13 Exhibit Exhibit J - May 21, 1996 NIGC memorandum concerning Mr. Melius. (The Tr
85.14 Exhibit Exhibit K - NIGC Chairman Harold Monteau's September 19, 1996 lette
85.15 Exhibit Exhibit L - Melius attorney Joseph Membrino's Sept. 17, 1996 letter
85.16 Exhibit Exhibit M - Sep. 24, 1996 Watertown Daily Times newspaper article by Ms.
85.17 Exhibit Exhibit O - May 7, 1997 letter from President's Vice President and
85.18 Exhibit Exhibit P - Attachment 1 to the Management Agreement (listing Mr. Kaufma
85.19 Exhibit Exhibit Q - Excerpt from the Jan. 31, 2002 deposition of Ivan Kaufman in
85.20 Exhibit Exhibit R - Excerpt from the Mar. 13, 2002 deposition of Ivan Kaufman i
85.21 Exhibit Exhibit S - Excerpt from the Aug. 22, 2002 deposition of Ivan Kaufman in
85.22 Exhibit Exhibit T - Excerpt from from the Apr. 29, 2004 deposition of Ivan Kaufm
85.23 Exhibit Exhibit U - Declaration of Gary Alan Melius (Aug. 13, 2000), Native Am.
85.24 Exhibit Exhibit V - Spreadsheet entitled "Massena Management Capital Contri
85.25 Exhibit Exhibit W - Spreadsheet entitled "Massena Investment - 12/31/98&quo
85.26 Exhibit Exhibit X - Deposition transcript for the Apr. 13, 2004 deposition of Mr
85.27 Exhibit Exhibit Y - Spreadsheets (Bates # ARC 04465-04469) detailing loan d
85.28 Exhibit Exhibit Z - Prom Note dated July 2, 1998 for $395,000 listing Oheka
85.29 Exhibit Exhibit AA - Prom Note dated Nov. 4, 1998 for $500,000 listing Ohek
85.30 Exhibit Exhibit BB - Prom Note dated Nov. 24, 1998 for $250,000 listing Ohe
85.31 Exhibit Exhibit CC - Prom Note dated Dec. 4, 1998 for $500,000 listing Ohek
85.32 Exhibit Exhibit DD - Prom. Note dated Dec. 21, 1998 for $280,000 listing Oh
85.33 Exhibit Exhibit EE - Checks and invoices pertaining to loans from ASF, Inc. to M
85.34 Exhibit Exhibit FF - Checks and invoices pertaining to loans from ASF, Inc. to M
85.35 Exhibit Exhibit GG - Jan. 14, 1998 letter from Mr. Kaufman to the Tribe's C
85.36 Exhibit Exhibit HH - Deposition transcript for the Apr. 12, 2004 deposition of P
85.37 Exhibit Exhibit II - Deposition transcript for the Mar. 25, 2004 deposition of A
85.38 Exhibit Exhibit JJ - Apr. 8, 2002 Affidavit of Mr. Warren Schiffman, the purport
85.39 Exhibit Exhibit KK - AIA Document B141 Standard Form of Agreement Between Owner
85.40 Exhibit Exhibit LL - Excerpt from the Apr. 10, 2002 deposition of purported Arch
85.41 Exhibit Exhibit MM (part 1) - Anderson-Blake's monthly applications to Pres
85.42 Exhibit Exhibit MM (part 2) - Anderson-Blake's monthly applications to Pres
85.43 Exhibit Exhibit NN - Anderson-Blake's Sept. 1, 2000 final application for p
85.44 Exhibit Exhibit OO - Jan. 5, 2000 letter from Mr. Horn to the NIGC's Direc
85.45 Exhibit Exhibit PP - Declaration of Ivan Kaufman (Feb. 22, 2001) in Native Am. M
85.46 Exhibit Exhibit QQ - Jan. 9, 1998 fax to Mr. Melius from Mr. Richard E. Starr, S
85.47 Exhibit Exhibit RR - Jan. 15, 1998 fax to Mr. Melius from Economic Research Asso
85.48 Exhibit Exhibit SS - June 5, 1998 settlement agreement between Mr. Melius and Mr
85.49 Exhibit Exhibit TT - Nov. 8, 1998 fax from Mr. David P. Larson of B&L Financial,
85.50 Exhibit Exhibit UU - Oct. 7, 1998 fax from Mr. David A. Freedman of PFI Capital
85.51 Exhibit Exhibit VV - Oct. 8, 1998 fax from Mr. Freedman to Mr. Melius attaching
85.52 Exhibit Exhibit WW - Oct. 23, 1998 fax of a proposed $10 million Loan Place
85.53 Exhibit Exhibit XX - Nov. 5, 1998 fax from Mr. Larson to Mr. Melius at "Pre
85.54 Exhibit Exhibit YY - Oct. 21, 1998 letter from Mr. Melius to Mr. Al Crary
85.55 Exhibit Exhibit ZZ - Dec. 29, 1998 fax from Mr. Horn to Mr. Melius, including a
85.56 Exhibit Exhibit AAA - Feb. 4, 1999 letter on President letterhead to Mr. John Ra
85.57 Exhibit Exhibit BBB - May 16, 2000 letter on Archon design letterhead addressed
85.58 Exhibit Exhibit CCC - Draft Feb. 18, 1999 letter from Mr. Kaufman to Mr. Fred St
85.59 Exhibit Exhibit DDD - Mar. 15, 1999 memorandum from Mr. Horn to Mr. Kaufman, Mr.
85.60 Exhibit Exhibit EEE - March and April 1999 "FOR GARY EYES ONLY" report
85.61 Exhibit Exhibit FFF - May 3, 1999 fax from Mr. Horn to Mr. Melius and Ivan Kaufm
85.62 Exhibit Exhibit GGG - May 12, 1999 memorandum from Ms. Joan Cergol to Mr. Melius
85.63 Exhibit Exhibit HHH - May 14, 1999 fax from Mr. Ferrucci to Mr. Melius regarding
85.64 Exhibit Exhibit III - May 18, 1999 fax from Mr. Ferrucci to Mr. Melius attaching
85.65 Exhibit Exhibit JJJ - May 19, 1999 fax from Mr. Natalone to Mr. Melius attaching
85.66 Exhibit Exhibit KKK - May 26, 1999 fax from Mr. Horn to Mr. Melius attaching Sta
85.67 Errata Exhibit LLL - June 4, 1999 memorandum from Mr. Ferrucci to Messrs. Horn a
85.68 Exhibit Exhibit MMM - June 7, 1999 memorandum from Mr. Natalone to Messrs. Kaufm
85.69 Exhibit Exhibit NNN - June 29, 1999 fax from Mr. David Larson of B&L Financial I
85.70 Exhibit Exhibit OOO - Aug. 12, 1999 memorandum from Mr. Natalone to Mr. Melius r
85.71 Exhibit Exhibit PPP - Sept. 3, 1999 fax from Anna Maria Porco of Kaufman-owned A
85.72 Exhibit Exhibit QQQ - Sept. 8, 1999 fax from Mr. Horn to Mr. Melius attaching an
85.73 Exhibit Exhibit RRR - Sept. 10, 1999 fax from Mr. Ferrucci to Mr. Kaufman (Bates
85.74 Exhibit Exhibit SSS - Oct. 12, 1999 fax from Mr. Melius to Mr. Horn attaching Pa
85.75 Exhibit Exhibit TTT - Oct. 14, 1999 fax from Mr. Melius to Mr. Carroll attaching
85.76 Exhibit Exhibit UUU - Feb. 22, 2000 memorandum from Mr. Natalone to Mr. Horn in
85.77 Exhibit Exhibit VVV - June 16, 2000 letter from Mr. Melius to Park Place Executi
85.78 Exhibit Exhibit WWW - Decision and Order, United States ex rel. The Saint Regis
85.79 Exhibit Exhibit XXX - Short Form Order, President R.C. - St. Regis Mgmt. Co. v.
85.80 Exhibit Exhibit N - Unexecuted copy of the Sept. 24, 1997 Massena Management LLC
85.81 Affidavit of Daniel A. Seff in Support of Plaintiff's Motion for Summary Ju
85.82 Statement of Material Facts in Support of Plaintiff's Motion for Summary Ju
862004-06-15 CERTIFICATE OF SERVICE by United States of America re 85 MOTION for Summary Judgment (Seff, Daniel) (Entered: 06/15/2004)
872004-06-16 CERTIFICATE OF SERVICE by United States of America re 85 MOTION for Summary Judgment (Application to Seal Exhibit J of Plaintiff's Motion for Summary Judgment (Seff, Daniel) (Entered: 06/16/2004)
882004-06-17 Exhibit J of Pltf's Motion for Summary Judgment w/Sealing Order. (Appl + exh) (see) (Additional attachment(s) added on 4/20/2011: # 1 Exhibit(s) J of Pltf's Motion for Summary Judgment) (Modified on 4/20/2011, unsealed pursuant to the 125 OTSC. Access is restricted to case participants and public terminals. (see). (Entered: 06/17/2004)
892004-06-17 Letter for President R.C.- St. Regis Management Company, President R.C.- St. Regis Management Company requesting that Exhibit J to the Affidavit of Daniel Seff not be filed and instead be returned to the relator-plaintiff. (Gastwirth, Loretta) (Entered: 06/17/2004)
902004-07-06 Letter from Daniel A. Seff for United States of America requesting permission to file a thirty-page memorandum of law in opposition to Defendants' motion for summary judgment. (Seff, Daniel) (Entered: 07/06/2004)
912004-07-06 Letter for President R.C.- St. Regis Management Company requesting Enlargement of brief in opposition to plaintiff's motion for summary judgment. (Gastwirth, Loretta) (Entered: 07/06/2004)
922004-07-07 Endorsement ORDER granting pltf's 90 Letter Request filed by United States of America.Signed by Judge David N. Hurd on 7/7/2004. (see) (Entered: 07/07/2004)
932004-07-07 Endorsement ORDER granting deft's 91 Letter Request filed by President R.C.- St. Regis Management Company.Signed by Judge David N. Hurd on 7/7/2004. (see) (Entered: 07/07/2004)
942004-07-21 MEMORANDUM OF LAW re 84 Motion for Summary Judgment,, 85 Motion for Summary Judgment Opposition To Tribe's Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Gastwirth, Loretta). (Entered: 07/21/2004)
952004-07-21 STATEMENT OF MATERIAL FACTS re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Counter-Statement of Material Facts In Opposition To The Tribe's Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Gastwirth, Loretta) (Entered: 07/21/2004)
962004-07-21 AFFIDAVIT in Opposition re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Affidavit and Declarations in Opposition to the Tribe's Summary Judgment Motion filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Grant Affidavit with NIGC Opinion Letter# 2 Horn Declaration# 3 Towey Declaration# 4 Hamelin Declaration# 5 Donald Thompson Declaration)(Gastwirth, Loretta) (Entered: 07/21/2004)
972004-07-21 RESPONSE in Opposition re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Defendants' Exhibits 1-10 Submitted In Opposition to the Tribe's Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Exhibit 1 Grant Aff. with NIGC Opinion Letter# 2 Exhibit 2 Judge McAvoy's Decision# 3 Exhibit 3 3/13/95 Melius NIGC Disclosure Statement# 4 Exhibit 4 Ransom Transcript Excerpts# 5 Exhibit 5 Paul Thompson Transcript Excerpts# 6 Exhibit 6 NAMC v. Massena Management Complaint# 7 Exhibit 7 Management Agreement Part I# 8 Exhibit 7 Management Agreement Part II# 9 Exhibit 8 TCRs 97-119 and 136# 10 Exhibit 9 NIGC Letter Approving Management Agreement# 11 Exhibit 10 1/14/98 Tribe Approval Letter)(Gastwirth, Loretta) (Entered: 07/21/2004)
982004-07-21 RESPONSE in Opposition re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Exhibits 11-20 Submitted in Opposition to the Tribe's Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Exhibit 11 Construction Contract# 2 Exhibit 12 Fax with Draft Construction Contract# 3 Exhibit 13 Lehtinen Tanscript Excerpts# 4 Exhibit 14 Smoke Transcript Excerpts# 5 Exhibit 15 4/99 News Article Praising Melius# 6 Exhibit 16 Lazore Transcript Excerpts# 7 Exhibit 17 Letter from Cives Steel# 8 Exhibit 18 Kaufman Transcript Excerpts Part I# 9 Exhibit 18 Kaufman Transcript Excerpts Part II# 10 Exhibit 19 NIGC Complaint# 11 Exhibit 20 2/9/99 Faxed Construction Contract to NIGC)(Gastwirth, Loretta) (Entered: 07/21/2004)
992004-07-21 RESPONSE in Opposition re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Exhibits 21-30 Submitted in Opposition to the Tribe's Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Exhibit 21 Promissory Note# 2 Exhibit 22 Judge Warshawsky's Decision# 3 Exhibit 23 Tribal Council Resoluttions to Increase Cap# 4 Exhibit 24 Newspaper Article $100,000 Profit per Month# 5 Exhibit 25 Tribe's Appraisal Part I# 6 Exhibit 25 Tribe's Appraisal Part II# 7 Exhibit 26 Miller & Schroeder Appraisal# 8 Exhibit 27 Tribe Press Release 2/1/99# 9 Exhibit 28 Tribe's Payments to Subcontractors Article and Letter# 10 Exhibit 29 Tribe's Answer and Counterclaims in State Court Action# 11 Exhibit 30 4/14/00 Park Place Agreement with Tribe)(Gastwirth, Loretta) (Entered: 07/21/2004)
1002004-07-21 RESPONSE in Opposition re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Exhibits 31-40 Submitted in Opposition to the Tribe's Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Exhibit 31 4/17/00 Tribe Press Release# 2 Exhibit 32 1/3/02 Hearing Transcript in Federal Action# 3 Exhibit 33 Park Place Business Turnaround Agreements# 4 Exhibit 34 Qui Tam I Complaint# 5 Exhibit 35 President Answer and Counterclaims Qui Tam I# 6 Exhibit 36 6/26/01 NIGC Letter Withdrawing Melius Suitability Issue# 7 Exhibit 37 Melius v. NIGC Complaint# 8 Exhibit 38 Natalone Transcript Excerpts Part I# 9 Exhibit 38 Natalone Transcript Excerpts Part II# 10 Exhibit 39 Melius Transcript Excerpts# 11 Exhibit 40 Deposition Exhibit 40)(Gastwirth, Loretta) (Entered: 07/21/2004)
1012004-07-21 RESPONSE in Opposition re 84 MOTION for Summary Judgment, 85 MOTION for Summary Judgment Exhibits 41-46 Submitted in Opposition to the Tribe's Motion for Summary Judgment with Certificate of Service filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Exhibit 41 Anderson Blake Judgment against President# 2 Exhibit 42 Pak Place NIGC Opinion Letter# 3 Exhibit 43 Deposition Exhibit 43# 4 Exhibit 44 1996 Article# 5 Exhibit 45 5/15/97 Letter to NIGC Authorizing Hamelin# 6 Exhibit 46 1/14/99 Memo# 7 Certificate of Service)(Gastwirth, Loretta) (Entered: 07/21/2004)
1022004-07-21 MEMORANDUM OF LAW in Opposition to Defendants' 83 Motion for Summary Judgment filed by defts. (Attachments: # 1 Statement of Material Facts Response to Defendants' Statement of Material Facts# 2 Affidavit of Daniel A. Seff in Opposition to Defendants' Motion for Summary Judgment# 3 Exhibit A - Excerpt from from Dec. 12, 2003 deposition of Dexter Lehtinen, Esq.# 4 Exhibit B - Excerpt from from Jan. 15, 2004 deposition of Edward Smoke, Jr.# 5 Exhibit C - American Institute of Architects "AIA Contract Document Families" chart# 6 Exhibit D - The Tribe's Feb. 10, 2003 Answer, Affirmative Defenses, and Counterclaims in President R.C. - St. Regis Mgmt. Co. v. The Saint Regis Mohawk Tribe, No. 011959/02 (N.Y. Sup. Ct. Nassau Cty.)# 7 Exhibit E - April 13, 2001 letter from Marlene Budd, Esq., to Mr. Gary Melius# 8 Exhibit F - National Indian Gaming Commission, Management Contract Requirements and Procedures Under the Indian Gaming Regulatory Act (Part II), 58 Fed. Reg. 5818 (Jan. 22, 1993)# 9 Exhibit G - National Indian Gaming Commission, Definitions Under the Indian Gaming Regulatory Act, 57 Fed. Reg. 12382 (Apr. 9, 1992)# 10 Exhibit H - Dave Berns, "Building Exec Aims to Infuse Quality Into All His Projects," Las Vegas Review-Journal, Mar. 11, 2001# 11 Exhibit I - Mayes v. Messercola, No. 94-CV-0026, 2000 U.S. Dist. LEXIS 19156 (N.D.N.Y. Dec. 21, 2000)# 12 Exhibit J - Pacheco v. Vanwyk, No. 94-CV-456, 1998 U.S. Dist. LEXIS 850 (N.D.N.Y. Jan. 27, 1998)# 13 Exhibit K - Abbott v. United States, No. 3:96-CV-510, 2001 U.S. Dist. LEXIS 10793 (N.D.N.Y. June 22, 2001)# 14 Exhibit L - Melius v. NIGC, No. 98-2210, 1999 U.S. Dist. LEXIS 17537 (D.D.C. Nov. 3, 1999)# 15 Exhibit M - Melius v. NIGC, No. 98-2210, 2000 WL 1174994 (D.D.C. July 21, 2000))(Seff, Daniel) Modified on 7/27/2004, added to docket text that this document is in opposition to the 83 motion, removed from docket text documents 84 and 85 (USA is not in Opposition to their own motion). (see, ). (Entered: 07/21/2004)
1032004-07-21 CERTIFICATE OF SERVICE by United States of America re 102 Memorandum of Law,,,,,,, in Opposition to Defendants' Motion for Summary Judgment (Seff, Daniel) (Entered: 07/21/2004)
1042004-07-23 Letter from Loretta Gastwirth, Esq. for Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company requesting Substitution of attached Horn Summary Judgment Declaration for previously filed Horn Declaration, Docket Entry No. 82, Document No. 2. (Attachments: # 1 Horn Summary Judgment Declaration including page 6 to replace Docket No. 82, Document No. 2)(Gastwirth, Loretta) (Entered: 07/23/2004)
1052004-07-29 NOTICE by United States of America re 85 MOTION for Summary Judgment of substitution of Exhibits D, CC, GG, and SS to June 15, 2004 Seff Affidavit (Attachments: # 1 Exhibit D - AIA Document A101 Standard Form of Agreement Between Owner and Contractor (1987 ed.) (the "Construction Contract")# 2 Exhibit CC - Prom Note dated Dec. 4, 1998 for $500,000 listing Oheka Castle Catering, Inc. and Oheka Mgmt. Corp. jointly as the Maker, and Arbor Secured Funding, Inc. as the Lender issued at an interest rate of 10% per annum (Bates # ASF 0021-0027)# 3 Exhibit GG - Jan. 14, 1998 letter from Mr. Kaufman to the Tribe's CEO, Mr. Smoke, informing Mr. Smoke of President's selection of Anderson-Blake and Archon Design, Ltd. as the Casino's General Contractor and Architect (the "January 14th Letter Agreement")# 4 Exhibit SS - June 5, 1998 settlement agreement between Mr. Melius and Mr. John Borrello; a Feb. 9, 2000 letter to Mr. Melius from Mr. Borrello; and several spreadsheets detailing over $600,000 in payments from a Melius-owned entity, NCNA, to Mr. Borrello)(Seff, Daniel) (Entered: 07/29/2004)
105.2 Exhibit D - AIA Document A101 Standard Form of Agreement Between Owner and Contr
105.3 Exhibit CC - Prom Note dated Dec. 4, 1998 for $500,000 listing Oheka Castle
105.4 Exhibit GG - Jan. 14, 1998 letter from Mr. Kaufman to the Tribe's CEO, Mr.
105.5 Exhibit SS - June 5, 1998 settlement agreement between Mr. Melius and Mr. John B
1062004-08-09 Letter for Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company requesting Request to enlarge reply brief from 10 to 15 pages. (Gastwirth, Loretta) (Entered: 08/09/2004)
1072004-08-10 Letter from Daniel A. Seff for United States of America requesting permission to file a 15-page reply brief in support of Plaintiff's Motion for Summary Judgment. (Seff, Daniel) (Entered: 08/10/2004)
1082004-08-10 Letter from Daniel A. Seff for United States of America requesting approval of a September 10th oral argument date and an August 18th deadline to file 15-page reply briefs (filed on behalf of all counsel). (Seff, Daniel) (Entered: 08/10/2004)
1092004-08-10 Endorsement ORDER granting deft's 106 Letter Request filed by President R.C.- St. Regis Management Company, Anderson-Blake Construction CorporationSigned by Judge David N. Hurd on 8/10/2004. (see) (Entered: 08/11/2004)
1102004-08-11 Endorsement ORDER granting the 108 Letter Request filed by Daniel Seff, Esq for the United States of America.Signed by Judge David N. Hurd on 8/11/2004. (see) (Entered: 08/11/2004)
1112004-08-18 MEMORANDUM OF LAW re 81 Motion for Summary Judgment, 82 Memorandum of Law,,,, In Reply and In Further Support of Defendants' Motion for Summary Judgment filed by Anderson-Blake Construction Corporation, President R.C.- St. Regis Management Company. (Attachments: # 1 Appendix# 2 Appendix A - BouncebackTechnologies.com# 3 Appendix B - President v. Park Place Decision# 4 Appendix C - NIGC Bulletin 94-5# 5 Appendix D - Part I (pp. 1-16) NIGC Final Rule Pronouncement 25 CFR 502# 6 Appendix D - Part II (pp. 17-35) NIGC Final Rule Pronouncement 25 CFR 502# 7 Appendix E - NIGC Bulletin 93-3# 8 Certificate of Service)(Gastwirth, Loretta) (Entered: 08/18/2004)
1122004-08-18 RESPONSE in Support re 85 MOTION for Summary Judgment Reply Memorandum in Support of Plaintiff's Motion for Summary Judgment filed by United States of America. (Attachments: # 1 Affidavit Reply Affidavit of Daniel A. Seff in Support of Plaintiff's Motion for Summary Judgment# 2 Exhibit A - Native Am. Mgmt. Corp. v. Massena Mgmt. Corp., No. 4669/2003, slip op. (N.Y. Sup. Ct. Nassau Co. June 15, 2004)# 3 Exhibit B - President Casino New Yorker, Inc. v. Massena Mgmt., LLC, et al., No. 013796/99, slip. op. (N.Y. Sup. Ct. Nassau Co. June 15, 2000)# 4 Exhibit C - Excerpts from the May 8, 2002 third-party witness deposition of then-Chief Paul Thompson in the case of Catskill Dev. LLC v. Park Place Entm't Corp., No. 00-CV-8660-CM-GAY (S.D.N.Y.)# 5 Exhibit D - Handwritten notes of a February 23, 2000 meeting at the National Indian Gaming Commission's Washington office taken by the Tribe's then-Communication Director, Ms. Rowena General# 6 Exhibit E - Excerpts from the June 11, 2002 deposition of then-Chief Paul Thompson in the since-dismissed case of President R.C. - St. Regis Mgmt. Co. v. The Saint Regis Mohawk Tribe, No. 00-CV-5923-DRH-ETB (E.D.N.Y.)# 7 Exhibit F - xcerpts from the June 14, 2002 deposition of then-Chief Alma Ransom in the since-dismissed case of President R.C. - St. Regis Mgmt. Co. v. The Saint Regis Mohawk Tribe, No. 00-CV-5923-DRH-ETB (E.D.N.Y.)# 8 Exhibit G - Excerpts from the January 15, 2004 deposition of former Tribe Chief Executive Officer Edward Smoke, Jr. in the case of United States ex rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP (N.D.N.Y.)# 9 Exhibit H - Excerpts from the November 14, 2003 deposition of former Chief Hilda Smoke in the case of United States ex rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP (N.D.N.Y.)# 10 Exhibit I - Excerpts from the November 13, 2003 deposition of Chief Barbara Lazore in the case of United States ex rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP (N.D.N.Y.)# 11 Exhibit J - Excerpts from the December 12, 2003 deposition of former Tribe outside counsel Dexter Lehtinen, Esq. in the case of United States ex rel. The Saint Regis Mohawk Tribe v. President R.C. - St. Regis Mgmt. Co., No. 02-CV-0845-DNH-DEP (N.D.N.Y.)# 12 Exhibit K - Excerpts from the June 13, 2002 deposition of Casino General Manager Dianna Tarbell in the since-dismissed case of President R.C. - St. Regis Mgmt. Co. v. The Saint Regis Mohawk Tribe, No. 00-CV-5923-DRH-ETB (E.D.N.Y.)# 13 Exhibit L - Excerpts from the June 10, 2002 deposition of then-Chief Alma Ransom in the since-dismissed case of President R.C. - St. Regis Mgmt. Co. v. The Saint Regis Mohawk Tribe, No. 00-CV-5923-DRH-ETB (E.D.N.Y.)# 14 Exhibit M - August 18, 2004 Declaration of Casino General Manager Dianna Tarbell# 15 Exhibit N - Excerpts from the October 1, 2003 deposition of former Casino General Manager John Ferrucci in the case of President R.C. - St. Regis Mgmt. Co. v. Park Place Entm't Corp., et al., No. 8931/00 (N.Y. Sup. Ct. Nassau Co.))(Seff, Daniel) (Entered: 08/18/2004)
1132004-08-18 CERTIFICATE OF SERVICE by United States of America re 112 Response in Support of Motion,,,,,,,,,,,, (Seff, Daniel) (Entered: 08/18/2004)
1142004-09-09 Letter for President R.C.- St. Regis Management Company requesting To bring to the Court's attention reversal of a decision relied upon in pending motions to be orally argued on Sept. 10, 2004. (Gastwirth, Loretta) (Entered: 09/09/2004)
1152004-09-13 Minute Entry for proceedings held before Judge David N. Hurd : Motion Hearing held on 9/10/2004 in Utica, NY. re 83 MOTION for Summary Judgment filed by President R.C.- St. Regis Management Company, Anderson-Blake Construction Corporation, 85 MOTION for Summary Judgment filed by United States of America, Motions Taken Under Advisement. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 09/13/2004)
1162004-10-25 TRANSCRIPT of Motion held on 9/10/2004 before Judge Hurd. Court Reporter: Nancy Freddoso. (see) (see, ). (Entered: 10/25/2004)
1172005-06-13 MEMORANDUM-DECISION & ORDER, that defts' motion for summary judgment is GRANTED; that pltf's motion for summary judgment is DENIED to the extent it seeks a declaration that the Construction Contract is void; that pltf's motion for summary judgment is GRANTED to the extent it seeks dismissal of defts' counterclaims; that this action is DISMISSED in its entirety & the Clerk is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 6/13/2005. (see) (Entered: 06/13/2005)
1182005-06-13 CIVIL JUDGMENT in favor of defts against pltf, in accordance w/the 117 MDO of the Honorable David N. Hurd. (Attachments: # 1 Appeal Notice) (see) (Entered: 06/13/2005)
1192005-07-11 NOTICE OF APPEAL as to 118 Judgment, 117 Order on Motion for Summary Judgment,,, by United States of America. (Seff, Daniel) (Entered: 07/11/2005)
1202005-07-11 CERTIFICATE OF SERVICE by United States of America re 119 Notice of Appeal (Seff, Daniel) (Entered: 07/11/2005)
1212005-07-12 ELECTRONIC NOTICE sent to US Court of Appeals re 119 Notice of Appeal (amt, ) (Entered: 07/12/2005)
1222005-08-18 USCA Scheduling Order as to 119 Notice of Appeal filed by United States of America. USCA Case No. 05-3823-cv. Appealed to: Second Circuit. Appeal Record due by 9/9/2005. (jmb) (Entered: 08/19/2005)
1232005-09-08 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal, re 119 Notice of Appeal. (see) (Entered: 09/08/2005)
1242006-08-07 MANDATE of USCA affirming the judgment of the district court as to 119 Notice of Appeal filed by United States of America. (wjg, ) (Entered: 08/08/2006)
1252011-03-10 ORDER TO SHOW CAUSE: that the parties show cause, within 30 days of this order, why the case or documents cannot be unsealed. Failure to respond or show cause will result in the case or documents being unsealed and scanned then uploaded to the Districts Electronic Filing System (CM/ECF) without further Order.Signed by Judge David N. Hurd on 3/10/2011. (see) (Entered: 03/10/2011)