Case Details

CourtSouthern District of New York
Docket number1:00-cv-00545
Date case filed2000-01-26
Date case closed2000-08-29
Date of latest filing2002-01-30
Assigned toJudge Alvin K. Hellerstein
Case cause18:1961 Racketeering (RICO) Act
Nature of suit470 Racketeer/Corrupt Organization
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Merchants Adjustment Bureau
Party type: Plaintiff
Attorney name: Steven S. Ezon
Attorney Contact:
319 Fifth Avenue
3rd Floor
New York, NY 10016
(888) 531-4310
LEAD ATTORNEY
Party: Joseph Iny
Party type: Plaintiff
Attorney name: Jeffrey S. Dweck
Attorney Contact:
The Law Firm of Jeffrey S. Dweck, P.C.
100 West 33rd St., Suite 1013
New York, NY 10001
(212)502-6150
Fax: (212)502-2010
Email: [email protected]
LEAD ATTORNEY
Party: Asset Recovery Co., LLC
Party type: Plaintiff
Attorney name: Steven S. Ezon
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Trans World International, Inc.
Party type: Defendant
doing business asInternational Management Group
Attorney name: James Crawford Orr
Attorney Contact:
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
33 Washington Street
18th Floor
Newark, NJ 07102
(973) 624-0800
LEAD ATTORNEY
Party: International Merchandising Corp.
Party type: Defendant
doing business asInternational Management Group
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Sean McManus
Party type: Defendant
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Richard J. Giles
Party type: Defendant
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Marivonne Basten
Party type: Defendant
Esq.
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Jacqueline Simpson
Party type: Defendant
Esq.
Party: Wilson, Elser, Moskowitz, Edelman & Dicker
Party type: Defendant
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: John F. Roth
Party type: Defendant
Esq.
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: James C. Orr
Party type: Defendant
Esq.
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Stephen R. Knapp
Party type: Defendant
Esq.
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Jonathan C. Balfus
Party type: Defendant
Esq.
Attorney name: James Crawford Orr
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Smith-Hemion Productions, Inc.
Party type: Defendant
Party: Williams J. Briggs, II
Party type: Defendant
Esq.
Party: Peter G. Sheridan
Party type: Defendant
Esq.
Attorney name: Peter Carl Kopff
Attorney Contact:
Kopff, Nardelli & Dopf LLP
440 Ninth Avenue
New York, NY 10001
212-244-2999
Fax: 212 643-0862
Email: [email protected]
LEAD ATTORNEY
Party: Robert A. Petrallia
Party type: Defendant
Esq.
Party: Steve Zimore
Party type: Defendant
Party: John Does 1-100
Party type: Defendant
(fictitious names of unidentified individuals)

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12000-01-26 ComplaintCOMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 365144. (em) (Entered: 02/02/2000)
22000-01-26 Rule 1.9 CertificateRULE 1.9 CERTIFICATE filed by Merchants Adjustment, Asset Recovery Co. (em) (Entered: 02/02/2000)
32000-03-29 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from Steven S. Ezon, dated 3/28/00. Re: plaintiff Merchant Adjustment Bureau requests that the conference scheduled for 3/31/00 be deferred or cancelled as being premature; The conference is adjourned to 5/11/00 at 10:00 a.m. Plaintiff shall file a report to be received by noon, 5/8/00 as to service of all parties . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (ri) (Entered: 03/30/2000)
42000-05-08 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from Steven S. Ezon, dated 5/5/00; the case management conference (initial) is adjourned to 7/14/00 at 9:30 a.m. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac) (Entered: 05/09/2000)
52000-05-26 Amended ComplaintAMENDED COMPLAINT and JURY DEMAND by Merchants Adjustment, Joseph Iny, Asset Recovery Co.; (Answer due 6/8/00 for John Does 1-100, for Steve Zimore, for Robert A. Petrallia, for Peter G. Sheridan, for Williams J. Briggs II, for Smith-Hemion for Jonathan C. Balfus, for Stephen R. Knapp, for James C. Orr, for John F. Roth, for Wilson, Elser, for Jacqueline Simpson, for Marivonne Basten, for Richard J. Giles, for Sean McManus, for International Mdse., for Trans World ) amending [1-1] complaint; Summons issued; filed in night deposit on 5/26/00 at 6:15p.m. (pl) Modified on 05/30/2000 (Entered: 05/30/2000)
62000-06-28 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from Robert C. Neff, Jr., dated 6/16/00. Reset answer or make motion due for 7/7/00 for Wilson, Elser, Moskowitz, Edelman & Dicker LLP ; ( signed by Judge Alvin K. Hellerstein ); copies mailed. (kw) (Entered: 06/29/2000)
72000-07-05 Answer to Amended ComplaintANSWER to Amended Complaint by Peter G. Sheridan (Attorney Peter C. Kopff from the Firm: Kopff Nardelli & Dopf LLP). (djc) (Entered: 07/06/2000)
82000-07-10 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from H. Jonathan Rubinstein, dated 7/6/00. Re: defendants Robert A. Petrallia and Steve Zizmor request a one week extension to answer or otherwise move on our clients' behalf. Denied without prejudice. My rules require that the advere party's view must disclosed in the application ; ( signed by Judge Alvin K. Hellerstein ); copies mailed. (kw) (Entered: 07/10/2000)
92000-07-10 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from H. Jonathan Rubinstein, dated 7/7/00; reset answer due for 7/14/00 for Robert A. Petrallia, for Steve Zimore . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sn) (Entered: 07/11/2000)
102000-07-13 Marshal's Process Receipt and Return of Service Executed ComplaintsRETURN OF SERVICE executed as to James C. Orr, Wilson, Elser by Monique, (Recept.) on 5/30/00. Answer due on 6/19/00 for James C. Orr, for Wilson, Elser. (lf) (Entered: 07/14/2000)
112000-07-13 Marshal's Process Receipt and Return of Service Executed ComplaintsRETURN OF SERVICE executed as to John F. Roth by ("person dis not open the door - adult female responded to knock on door - did not identify herself - left papers inside screen door in front - deft Roth's neighbor identified Mr. Roth as living at that address and house at that time - the lady opened the porch light as I presented the papers) on 5/26/00 . Answer due on 6/15/00 for John F. Roth . (lf) (Entered: 07/14/2000)
122000-07-13 Marshal's Process Receipt and Return of Service Executed ComplaintsRETURN OF SERVICE executed as to Jacqueline Simpson by M. Murray on 5/3/00. Answer due on 5/23/00 for Jacqueline Simpson (cd) (Entered: 07/14/2000)
132000-07-13 Affidavit of Service ComplaintsAffidavit of service of summons, complaint & amended complaint as to Richard J. Giles by personal service on 5/31/00 . Answer due on 6/20/00 for Richard J. Giles. (sn) (Entered: 07/14/2000)
142000-07-13 Affidavit of Service ComplaintsAffidavit of service as to Sean McManus by Al Derveis on 6/6/00; Answer due on 6/26/00 for Sean McManus. (ri) (Entered: 07/14/2000)
152000-07-13 Marshal's Process Receipt and Return of Service Executed ComplaintsRETURN OF SERVICE executed as to Robert A. Petrallia by personal service on 6/1/00. Answer due on 6/21/00 for Robert A. Petrallia. (sn) (Entered: 07/14/2000)
162000-07-13 Marshal's Process Receipt and Return of Service Executed ComplaintsRETURN OF SERVICE of summons and amended complaint executed as to Sean McManus, Marivonne Basten, Trans World Intl., International Mdse. by "Liz", Receptionist on 5/26/00 . Answer due on 6/15/00 for Sean McManus, for Marivonne Basten, for Trans World Intl., for International Mdse. (sn) (Entered: 07/14/2000)
172000-07-13 Affidavit of Service ComplaintsAffidavit of service as to Smith-Hemion Prod. by Jason Schoenagle on 5/30/00; Answer due on 6/19/00 for Smith-Hemion Prod. (ri) (Entered: 07/20/2000)
182000-07-13 Marshal's Process Receipt and Return of Service Executed ComplaintsRETURN OF SERVICE executed as to Peter G. Sheridan by personal service on 5/30/00 . Answer due on 6/19/00 for Peter G. Sheridan . (pl) (Entered: 07/14/2000)
192000-07-13 Affidavit of Service ComplaintsAffidavit of service as to Williams J. Briggs II by personal servic3e on 5/26/00 . Answer due on 6/15/00 for Williams J. Briggs II . (pl) (Entered: 07/14/2000)
202000-07-13 Affidavit of Service ComplaintsAffidavit of service as to Jonathan C. Balfus by personal service on 6/1/00 . Answer due on 6/21/00 for Jonathan C. Balfus . (jp) (Entered: 07/14/2000)
212000-07-13 Affidavit of Service ComplaintsAffidavit of service as to Stephen R. Knapp by personal service on 5/31/00 . Answer due on 6/20/00 for Stephen R. Knapp . (jp) (Entered: 07/14/2000)
222000-07-17 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from H. Jonathan Rubinstein, dated 7/13/00; reset answer due for 7/21/00 for Robert A. Petrallia. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac) (Entered: 07/17/2000)
232000-07-17 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from Jeffrey S. Dweck, P.C., dated 7/13/00. Re: counsel for Joseph Iny requests an extension of time by which to respond to the motion to dismiss served upon them by defts Smith Hemion Productions, Inc. and William Briggs, II; Opposition papers to the motion to dismiss will be due 8/7/00 ; ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (lf) (Entered: 07/17/2000)
242000-07-20 OrderORDER, plaintiff need not provide to defendant those documents requested in defendant's request for the production of documents No. 4 and 6 ; A telephonic conference shall be held on 7/24/00 at 11:00 a.m.; counsel to the plaintiff shall initiate the conference . (signed by Magistrate Judge Kevin Nathaniel Fox); Copies mailed. (ri) (Entered: 07/20/2000)
252000-07-21 Affidavit of Service ComplaintsAffidavit of service re Answer to Amended Complaint by mail on 7/18/00 (cd) (Entered: 07/24/2000)
262000-07-21 Motion to DismissNOTICE OF MOTION by Robert A. Petrallia, and Steve Zimore; for an order dismissing plaintiffs' complaint with prejudice pursuant to FRCP 12(b) ; or, in the alternative transferring venue to the district of New Jersey . Return date 8/22/00. (kw) (Entered: 07/25/2000)
272000-07-21 Affidavit in Support of MotionAFFIDAVIT of H. Jonathan Rubinstein, Esq. by Robert A. Petrallia, and Steve Zimore in support of [26-1] motion for an order dismissing plaintiffs' complaint with prejudice pursuant to FRCP 12(b), and [26-2] motion transferring venue to the district of New Jersey. (kw) (Entered: 07/25/2000)
282000-07-21 BriefBRIEF by Robert A. Petrallia, and Steve Zimore in support of re: [26-1] motion for an order dismissing plaintiffs' complaint with prejudice pursuant to FRCP 12(b), and [26-2] motion venue to the district of New Jersey. (kw) (Entered: 07/25/2000)
292000-08-04 Notice (Other)NOTICE of change of address, filed by counsel for defts Trans World Intl., International Mdse., Sean McManus, Richard J. Giles, Marivonne Basten, Jacqueline Simpson, Wilson, Elser, John F. Roth, James C. Orr, Stephen R. Knapp, Jonathan C. Balfus, Smith-Hemion Prod., Williams J. Briggs II, Peter G. Sheridan, Robert A. Petrallia, Steve Zimore, John Does 1-100 (jp) (Entered: 08/07/2000)
302000-08-08 Motion for SanctionsNOTICE OF MOTION by Smith-Hemion Prod., Williams J. Briggs II for sanctions of all attorneys' fees and consts incurred by them in the defense of this action, a sum which is at least $22,647.50 ; Return date 8/22/00. (djc) (Entered: 08/10/2000)
312000-08-08 Memorandum of Law in Support of MotionMEMORANDUM OF Points and Authorities by Smith-Hemion Prod., Williams J. Briggs II in support of [30-1] motion for sanctions of all attorneys' fees and consts incurred by them in the defense of this action, a sum which is at least $22,647.50; (djc) (Entered: 08/10/2000)
322000-08-08 Declaration in Support of MotionDECLARATION of William J. Briggs by Smith-Hemion Prod., Williams J. Briggs II in support Re: [30-1] motion for sanctions of all attorneys' fees and consts incurred by them in the defense of this action, a sum which is at least $22,647.50 . (djc) (Entered: 08/10/2000)
332000-08-09 Endorsed LetterMemo-Endorsement on letter addressed to Clerk of Court from James Crawford Orr, dated 8/1/00. Re: Counsel for defts requests that the Court and Judge Hellerstein place defts' Rule 11 motion on the calendar for the same date as defts' motions to dismiss. Defts' motion under Rule 11 will be heard at the same time as defts' motion to dismiss, at 2:15 PM on 8/22/00 for [30-1] motion for sanctions of all attorneys' fees and consts incurred by them in the defense of this action, a sum which is at least $22,647.50; set for 2:15 8/22/00 for [26-1] motion for an order dismissing plaintiffs' complaint with prejudice pursuant to FRCP 12(b); set for 2:15 8/22/00 for [26-2] motion transferring venue to the district of New Jersey . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sn) (Entered: 08/10/2000)
342000-08-08 Certificate of Service ComplaintsCERTIFICATE OF SERVICE by Smith-Hemion Prod., Williams J. Briggs II. of Notice of motion and supporting papers by hand delivery on July 7, 2000 to Steven S. Ezon, Esq., The Law Firm of Jeffrey S. Dweck, P.C. Peter Kopff, Esq. of Kopff, Nardelli & Dopf and Jonathan Rubinstein, Esq. (djc) (Entered: 08/11/2000)
352000-08-10 Motion for Judgment on the PleadingsNOTICE OF MOTION by Peter G. Sheridan for an order purs. to Rule 12, F.R.C.P. seeking judgment on the pleadings dismissing pltffs' amended complaint . Return date 8/22/00. Affirmation of Peter C. Kopff; and affidavit of Peter G. Sheridan are attached. (sn) (Entered: 08/11/2000)
362000-08-10 Memorandum of LawMEMORANDUM OF LAW by Peter G. Sheridan re: [35-1] motion for an order purs. to Rule 12, F.R.C.P. seeking judgment on the pleadings dismissing pltffs' amended complaint. (sn) (Entered: 08/11/2000)
372000-08-10 Motion for SanctionsNOTICE OF MOTION by Trans World Intl., International Mdse., Wilson, Elser, James C. Orr, Richard J. Giles, Marivonne Basten, Jacqueline Simpson, John F. Roth, Stephen R. Knapp, Jonathan C. Balfus, Sean McManus for an order sanctioning pltffs and their counsel purs. to common law and F.R.C.P. 11, awarding costs and fees and barring further filings . Return date 8/22/00. Brief in support, and declaration of James Crawford Orr in support attached. (sn) (Entered: 08/14/2000)
392000-08-18 Endorsed LetterMemo-Endorsement on letter addressed to Judge Hellerstein from Robert C. Neff, Jr., dated 8/16/00. Re: Robert C. Neff, Jr. requests an adjournment of the hearing date for defts motion to dismiss and motion for Rule 11 sanctions; Motion denied. Mr. Neff will be permitted to argue. The motion is serious in its implication, and will be heard and decided promptly ; ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (lf) (Entered: 08/21/2000)
402000-08-22 Opposition BriefOPPOSITION BRIEF by Merchants Adjustment, Joseph Iny, Asset Recovery Co. re: [35-1] motion for an order purs. to Rule 12, F.R.C.P. seeking judgment on the pleadings dismissing pltffs' amended complaint; recv'd. in Night Deposit Mail on 8/22/00 at 12:34 a.m. (lf) (Entered: 08/22/2000)
412000-08-22 Affidavit in Opposition to MotionAFFIDAVIT of Steven S. Ezon by Merchants Adjustment, Joseph Iny, Asset Recovery Co. in opposition to [35-1] motion for an order purs. to Rule 12, F.R.C.P. seeking judgment on the pleadings dismissing pltffs' amended complaint; recv'd. in Night Deposit Mail on 8/22/00 at 12:34 a.m. (lf) (Entered: 08/22/2000)
422000-08-25 OrderORDER DISMISSING COMPLAINT AND IMPOSING SANCTIONS; all defts move to dismiss pltffs' complaint in its entirety purs. to FRCP 12(b)(6). The parties appeared for oral argument on 8/22/00, and for the reasons stated on the record, pltffs' complaint in dismissed as barred by res judicata, collateral estoppel, and the entire controversy doctrine. I therefore order Steven Ezon and Jeffrey Dweck to pay the legal fees and expenses of defts' attys in the amounts of $22,647.50 to William Briggs, and $8,851.32 to James Orr. Steven Ezon and Jeffrey Dweck shall be jointly and severally liable for this obligation. The Clerk of Court is directed to enter judgment consistent with this order, and to mark this matter as closed. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. Original forwarded to the Judgment Clerk. (sac) (Entered: 08/28/2000)
432000-08-29 JudgmentJUDGMENT #00,1958; that for the reasons stated in the Court's Order dated 8/24/00, the complaint is dismissed and Steven Ezon and Jeffrey Dweck are jointly and severally liable for the legal fees and expenses of defendants' attorneys in the amounts of $22,647.50 to Williams Briggs and his law firm, Lavely & Singer, and $8,851.32 to James Orr and his law firm, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP; accordingly, the case is closed. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 08/30/00. (pl) Modified on 08/31/2000 (Entered: 08/30/2000)
442000-08-29 Notice (Other)NOTICE - that the within is a true copy of an Order duly entered in the office of the clerk of the witin named court on August 24, 2000 by Peter G. Sheridan (djc) (Entered: 08/30/2000)
452000-09-11 Notice of AppealNOTICE OF APPEAL by Merchants Adjustment, Asset Recovery Co. ; from [43-1] judgment order, [42-1] order all defts move to dismiss pltffs' complaint in its entirety purs. to FRCP 12(b)(6). The parties appeared for oral argument on 8/22/00, and for the reasons stated on the record, pltffs' complaint in dismissed as barred by res judicata, collateral estoppel, and the entire controversy doctrine. I therefore order Steven Ezon and Jeffrey Dweck to pay the legal fees and expenses of defts' attys in the amounts of $22,647.50 to William Briggs, and $8,851.32 to James Orr. Steven Ezon and Jeffrey Dweck shall be jointly and severally liable for this obligation. The Clerk of Court is directed to enter judgment consistent with this order, and to mark this matter as closed. . Copies of notice of appeal mailed to Attorney(s) of Record: James Crawford, Esq., Peter C. Kopff, Esq., H. Jonathan Rubinstein, Esq. and The Law Firm of Jeffrey S. Dweck, Esq. $105.00 Appeal filing fee paid 9/11/00 on receipt # E 383984. (dt) (Entered: 09/11/2000)
462000-09-11 Notice (Other)NOTICE OF ENTRY of Jdgmt. by Peter G. Sheridan. (lf) (Entered: 09/12/2000)
472000-10-12 TranscriptTranscript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 8/22/00. (jp) (Entered: 10/12/2000)
482000-07-13 Affidavit of Service ComplaintsAffidavit of service as to Steve Zimore by Gail Zimore, wife on 6/1/00. (ae) (Entered: 11/09/2000)
492000-08-08 Opposition BriefBRIEF IN OPPOSITION by Merchants Adjustment, Joseph Iny, Asset Recovery Co. to Motions of Defendants to Dismiss, For Imposition of Rule 11 Sanctions, and For Other Relief. (ae) (Entered: 11/09/2000)
502000-11-09 Appeal Record Sent to USCA - IndexNotice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [45-1] appeal by Asset Recovery Co., Merchants Adjustment. (dt) (Entered: 11/09/2000)
512001-04-23 USCA OrderTrue Copy of Order from the USCA RE: Defendants request that the court impose sanctions on plaintiffs and their counsel. The motion for Sanctions is denied except to the the extent that double cost is awarded. 00-9153, Roseann B. Mackechnie, Clerk. (sl) (Entered: 04/25/2001)
522001-05-07 USCA MandateMANDATE OF USCA (certified copy) Re: Affirmed the judgment of the district court[45-1] appeal by Asset Recovery Co., Merchants Adjustment. 00-9153, Roseann B. Mackechnie, Clerk (sg) (Entered: 05/07/2001)
532002-01-30 Satisfaction of JudgmentSATISFACTION OF JUDGMENT Re: [43-1] judgment order; Judgment satisfed on 1/30/02. (yv) Modified on 02/01/2002 (Entered: 02/01/2002)