Carl J. Hartmann III | Attorney    
 
 
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Original USVI Partnership Statute

New VI Partnership Statute

RUPA

 

Timeline

1986 Plaza Extra Partnership

2012

Aug. 20th, Yusuf takes $2.7 million

Sept. 17th Hamed files suit

Oct. 4th Yusuf Removes to Fed. Ct.

Oct. 19th  Amended Complaint

Nov. 16th Fed Ct. Remands to VI

2013

Jan 25th - 1st Day of P.I. Hearing

Jan 31st - 2nd Day of P.I. Hearing

April 25th  Hamed Granted PI

Sept. 30th Supreme Ct. Upholds PI

2014

April 2-3 Depositions of the Yusufs

April 7th Yusuf Concedes Partnership / Hamed 50% Owner

July 25th Ct. Upholds West Lease

Aug 29th Ct. Orders Special Master

Nov. 7th SJ in Favor of Hamed on Partnership / 50% Owner

2015

Jan. 9th Final Windup Order

Feb. 27th Sup. Ct. Denies Appeal

Mar. 9th Order Transferring East and West Store

Apr. 30 Hamed Takes STT Store

2016

Sept. 30th Partnership Claims filed

2017

March 6th Hearing Before  Judge Brady on Claims

July 25th Six Major Decisions including Laches claims exclusions prior to 9/17/2006

2018

January 29th Joint Discovery and Scheduling Plan

March 15th Ross Decision Denying Yusuf's $8 Million in  'Bay 1' Rent " "a transaction prohibited by law and tainted by a conflict of interest and self-dealing"

May 30th Yusuf Concession as to $504,000 in 2012-2013 Atty. Fees

June 6th Special Master Ross' Order preventing Yusuf Ex Parte Communications with Accountant

 

 

 

 

 
 

Hamed v. Yusuf - MAIN CASE - 370 (Judge Brady)

Date Filed

DE#

Filer

Document(s)

Comments

[Exhibits attached to the documents]
         
10/17/2018 SuperSTX Ross S.Master Ross Order allowing Letters Rogatory but only for limited period

 
10/16/2018 SuperSTX Ross Hamed Report on Funds in BPPR Account as of 9-30-2018

Word Version
10/16/2018 SuperSTX Ross Hamed Hamed Opposition to Motion for Reconsideration as to Striking of $1.6 Million in "Chits"

Word Version
10/16/2018 SuperSTX Ross Yusuf Motion for Reconsideration as to Striking of $1.6 Million in "Chits"

 
10/15/2018 Letter Hamed Rule 37 letter (1 of 2) on four topics

Word Version

1) KAC357, Inc. claims (Previously denied because of relevance – the case has since been filed separately and then consolidated), 2) Clams requiring John Gaffney’s assistance (previously denied because Yusuf filed a motion seeking to have these transferred to Part-A, Gaffney Analysis, but that having since been denied), 3) Claims response pending determination of Yusuf’s Motion to Strike (which has since been denied), 4) Claims responses where Yusuf indicated further information or supplementation would be forthcoming – but nothing has been received yet, and

10/2/2018 SuperSTX Ross S.Master Ross Ross Order Denying Hamed's Motion to  Strike Yusuf's revised BDO report claim - Without Prejudice

  
9/24/2018 SuperSTX Ross S.Master Ross Order denying Hamed Motion for Reconsideration as to $2.7 million claim

 
9/24/2018 SuperSTX Ross S.Master Ross Order Striking Yusuf "Chit" Claims of $1.6 million as pre-2006

 
9/24/2018 SuperSTX Ross DEPO Deposition of John Gaffney as to H-72 - Inventory (Phone)

 
9/20/2018 SuperSTX Ross Hamed Notice of Partial Depo of John Gaffney as to H-72 (Inventory and Equipment)

Word Version
9/14/2018 SuperSTX Ross Hamed Hamed motion to reconsider Order placing $2.8 million Hamed Claim H-2 in abeyance pending more discovery

 Word Document
9/14/2018 SuperSTX Ross S.Master Ross Order placing $2.8 million Hamed Claim H-2 in abeyance pending more discovery

  
9/5/2018 SuperSTX Ross S.Master Ross Order Striking Hamed Claims H-4, H-5 and H-6 (Tutu Reimbursements)

  
8/27/2018 Gaffney Account Gaffney Accountant's Report re H-72 $1,288,602.64 "Fathi Yusuf Matching Draw"

  
8/27/2018 Gaffney Account Gaffney Accountant's Report re H-49 $8.5 million Telecheck

 
8/27/2018 Gaffney Account Gaffney Accountant's Report re H-43 - Settlement Funds

 
8/26/2018 Gaffney Account Gaffney Accountant's Report re H-42 - Maidden Plastic

 
8/22/2018 Gaffney Account Gaffney Accountant's Report re H-41 - Caribbean Refrigeration

 
8/22/2018 SuperSTX Ross Hamed Joint Motion for Order Re Consolidated Claims on Stipulation-with Proposed Order (Re Treatment of Consolidated KAC357 Inc. Claims)

Word Version
8/18/2018 SuperSTX Ross Yusuf Subpoena in Buffalo NY to Randy Andreozzi

 
8/17/2018 Document Hamed Document supplied to J. Gaffney with all Hamed Claims and supporting documents from three sources

Exemplar of Report on Word - For H-41 w Ex A
8/16/2018 SuperSTX Ross Hamed Hamed Notice of Deposition - Fathi Yusuf (Tues. 1/22/19), United (1/30), Partnership (1/28), Nejeh (1/24) -- all at 10 am.

 Word Version 
8/16/2018 SuperSTX Ross Hamed Hamed Notice of Deposition - John Gaffney Part A - 1 of 3 on 11/1/18 at 1 pm.

Word Version
8/16/2018 SuperSTX Ross Hamed Hamed Notice of Depo - Expert (BDO) 2/5/19 at 10 am

 Word Version
8/15/2018

SX-18-CV-219 

 Judge Meade Order (Meade, J.) Consolidating SX-18-CV-219( AC357 Inc. Claims Against Partnership) into this action

 
8/12/2018 SuperSTX Ross S.Master Ross Ross Order re Yusuf's Mx to Strike Hamed Claim Nos. H-41 to H-141 and Additional Maybe Claims

 
8/6/2018 SuperSTX Ross S.Master Ross Order re Time Extensions

ORDERED that Parties are permitted to engage in discovery provided for in Section B of the [Discovery Plan] outside of the deadlines established by the [Discovery Plan] as long as they are completed before the dispositive motion deadline. And it is further:

ORDERED that the deadline for dispositive motions set forth in the Discovery Plan shall be moved back 40 days – from January 15, 2019 to February 25, 2019.

8/3/2018 SuperSTX Ross Joint Joint Motion Re Additional 40 Days In Order re Depositions

 
8/2/2018 SuperSTX Ross Hamed Withdrawal of Depositions of the Yusufs and the Entities at end of August

 
7/31/2018 SuperSTX Ross Hamed Withdrawal of Motion to Compel re RFA 45

 
7/31/2018 SuperSTX Ross Yusuf Ross Order Denying Modification of Scheduling Order

 
7/30/2018 SuperSTX Ross Yusuf Withdrawal of Yusuf Notice of Depos of 4 Hameds

 
7/30/2018 SuperSTX Ross Hamed Withdrawal of Hamed Emergency Motion as to Interrogatory 21 (H-142)

 
7/30/2018 SuperSTX Ross Hamed Withdrawal of Motion for 30(b)6) Deposition of United Corp.

 
7/24/2018 SuperSTX Ross Yusuf Unopposed Yusuf Motion to Revise Scheduling Order

 
7/24/2018 SuperSTX Ross Yusuf Notices of Depositions for Wally, Willie, Shawn & Mafi (August 23, 24, 31)

 
7/23/2018 SuperSTX Ross Yusuf Yusuf Opposition to Hamed's Motion to Compel as to RFA 45 (Check for Bays 5 & 8)

  
7/21/2018 SuperSTX Ross Hamed Hamed's Emergency Motion for Order to Compel as to Interrogatory 21 - as to H-142 (Tutu Land)

 
7/20/2018 SuperSTX Ross Hamed Hamed Notice of 30-b-6 deposition of United Corporation on August 8, 2018

 Word Version
7/20/2018 SuperSTX Ross Yusuf Yusufs Reply re Motion for Leave to File a Surresponse to Hamed's Reply Regarding Claim H-13

 
7/19/2018 Letter Hamed Rule 37.1 Request re Interrogatory 21 (H-142 Tutu Land)

Word Version
7/19.2018 SuperSTX Ross Yusuf Supplemental Discovery Responses to questions re H-142 (Tutu Land)

 
7/18/2018 SuperSTX Brady Joint Stipulation as to Special Master's Factual Findings

Crossfiled in Case Anywhere
7/16/2018 SuperSTX Ross Hamed Hameds Opposition to Yusuf's Motion for Surreply as to H-13 (Wally/Willie $133k taxes)

Word Version
7/13/2018 SuperSTX Ross Yusuf Yusuf's Motion for Leave to File Surresponse to Hamed's Reply Regarding Claim H-13 - With Proposed Surreply

 
7/12/2018 SuperSTX Ross S.Master Ross Order Denying dismissal of H-142 (Tutu Land); Striking H-143 (Land at East Store)

  
7/12/2018 SuperSTX Ross S.Master Ross Ross Order re Hamed's Second Motion as to Hamed Claim No. H-3 (Granting $503k in Atty Fees)

  
7/12/2018 SX-18-CV-2019 Hamed KAC357's First Amended Complaint

 
7/9/2018 SX-18-CV-219 Joint Joint Motion and Stipulated Proposed Order to Judge Meade in KAC357 v. Partnership action - to Consolidate into Main 370 case

 
7/6/2018 SuperSTX Ross Pam Colon Objection of Pam Colon and Law Office of Pam Colon to Yusuf/United Subpoena

 
6/29/2018 SuperSTX Ross Hamed Hamed's Motion to Compel as to RFA 45 (Check for Bays 5 & 8)

  
6/28/2018 SuperSTX Ross Hamed Hamed’s Reply As To Yusuf Claim Y-6: Hamed's Procedural Motion Re The 'Black Book'

Word Version
6/27/2018 SuperSTX Ross Hamed Hamed's Reply Re H-13 - $133k in Tax Payments for Waleed and Waheed

Word Version
6/26/2018 SuperSTX Ross Yusuf Yusuf Reply re Letters Rogatory

 
6/26/2018 SuperSTX Brady Court Brady Decision re Partnership Terms per Judge Ross' May 21st Order

 
6/25/2018 SuperSTX Brady Hamed Hamed Reply re Motion on the Special Master's May 21st referral (Motion as to Partnership terms)

 
6/25/2018 SuperSTX Ross Hamed Hamed Reply re Motion for Interest on $504k in Atty Fees Conceded by Yusuf

 
6/19/2018 SuperSTX Ross Yusuf Yusuf Opposition to Hamed motion for Interest on $504k in Atty Fees Conceded by Yusuf

 
6/19/2018 SuperSTX Brady Yusuf Opposition to Motion on the Special Master's May 21st referral (Motion as to Partnership terms)

 
6/18/2018 SuperSTX Ross Hamed Hamed Opposition to Yusuf Motion for Letter Rogatory as to MRW Consulting (FL)

Word Version
6/18/2018 SuperSTX Ross Yusuf Yusuf Motion for Letter Rogatory as to MRW Consulting (FL)

 
6/18/2018 SuperSTX Ross Hamed Stipulation to filing of 2 Yusuf Oppositions Out of Time

 
6/18/2018 CA - Message Hamed Notice to Special Master Re "Schedule A" Gaffney Fiduciary Accounting Process - CaseAnywhere Message

Hamed would like to bring to your attention the fact that the "Schedule A" process by which Mr. Gaffney is to review 101 Hamed claims as the Partnership's Fiduciary Accountant is not proceeding. Yusuf has taken the position that his motion stays Mr. Gaffney from beginning on ANY of those claims. See email exchange below. Thus, the "Gaffney process" will not begin until either: (1) the decision issues as to Yusuf's attempt to strike Claims H-41 to H-141 and 16 others, or (2) there is some other clarification. Thank you for your attention in this matter.

Hodges Response  

Hartmann Reply

Good Morning. Hamed entirely agrees with Yusuf's statement that he has the "right" to stop all of the Gaffney analysis from going forward. (Hamed's counsel didn't "fail" to mention his agreement with this view, that point is obvious in the Plan.) The point of the notification was not that Yusuf is doing anything improper--the intent, and what it states, is that Yusuf is exercising that "right" as broadly as possible...as to the entire process, and thus nothing is happening, and nothing will happen until the motion is decided. The fact that nothing is happening regarding more than half of the claims does not appear to be similarly obvious from the docket.
6/16/2018 SuperSTX Ross Hamed Hamed's Notice (Withdrawing) Procedural Motion as to Y-8 (Water Claims)

 
6/15/2018 SuperSTX Ross United United's Opposition To Hamed's Motion To Strike United Claim Y-8 (Water Claims) On Procedural Grounds

 
6/13/2018 Letter Hamed Rule 37.1 Request for Conference re Interrog 12 of 50 - Adj to employee Loans -H-156

 Word Version
6/12/2018 SuperSTX Ross Yusuf Yusufs Opposition as to Hamed's already withdrawn Motion as to Hamed Claim H-167

 
6/11/2018 SuperSTX Ross Hamed Hamed's Notice as to inability to file reply to Y-6 - Black Book

Word Version
6/11/2018 SuperSTX Ross Yusuf United Opposition to motion to Strike Claim Y-6 (Black Book) on procedural grounds

  
6/8/2018 Letter Hamed Preservation-Spoliation Letter to Mr. Gaffney and DTF re Accounting Process and Ex Parte communications

Word Version
6/8/2018 Docket     CaseAnywhere Docket
 
6/7/2018 Letter Hamed Rule 37.1 Request for Conference re Interrog 15 of 50 Ledger Claim Y-7

 Word Version
6/7/2018 Letter Hamed Rule 37.1 Request for Conference Interrog 2 of 50 re Water -  Claim Y-8

 Word Version
6/6/2018 SuperSTX Ross S.Master Ross Order as to Mr. Gaffney's Conduct of the H-41 to H-141 Accounting Process "No Ex Parte"

 
6/6/2018 SuperSTX Ross S.Master Ross Order allowing Stipulation as to H-3

 
6/6/2018 Letter Hamed Rule 37.1 Request for Conference re Failure to Supply Privilege Log

Word Version
6/5/2018 SuperSTX Ross Hamed Notice [Rule 37.1 Conf] Withdrawal of Motion as to H-167, and of Claims H-31 (POS) and H-36 (UVI)

 Word Version
6/4/2018 SuperSTX Ross Hamed Hamed's Notice of No Privilege Assertion Regarding the Yusuf Deposition Notices/Subpoenae to Criminal Counsel as to JDA Fees

Word Version
6/3/2018 Letter Hamed Rule 37.1 Request for Conference re RFA 45 of 50 re Rent on Bays 5 & 8

 Word Version 
5/31/2018 SuperSTX Ross Yusuf Notice of Subpoenas Duces Tecum to prior criminal lawyers & accountants

  
5/31/2018 Letter Hamed Rule 37.1 Request for Conference re Interrogatory 3 of 50 re Hamed Claim H-1 - Dorothea Funds

 Word Version
5/31/2018 Letter Hamed Rule 37.1 Request for Conference re RFPD Response on Yusuf Claim Y-14 - Half Value of Container

 Word Version
5/30/2018 SuperSTX Ross Hamed Hamed's Second Motion as to Claim H-3 - $540k Atty Fees and Interest

Word Version 
5/30/2018 SuperSTX Ross Hamed Hamed's Withdrawal of all H-3 Discovery, Motions & Depositions due to Stipulation

 Word Version 
5/30/2018 SuperSTX Ross Hamed Stipulation as to Hamed Claim H-3 (Yusuf Concession)

 
5/30/2018 SuperSTX Ross Hamed Hamed' s Response In Opposition to the DTF 'Objection' To Deposition Subpoena

Word Version 
5/29/2018 SuperSTX Brady Hamed Hamed's Motion for Court Assistance and Directions Re Special Master Ross's May 21st Order
 		 Filed in Case Anywhere and at Clerk's Office
5/26/2018 SuperSTX Ross Hamed Hamed's Motion as to Claim H-167 - Daytona Market $20k

 Word Version 
5/25/2018 SuperSTX Ross Hamed Hamed Motion to Strike on SOL and SOF Procedural Grounds -  United's Claim Y-8 as to Water Sales

Word Version
5/24/2018 SuperSTX Ross Hamed Hamed's Motion for Limited, 60-Day Enlargement of Time as to Just the Depositions of Three Out-Of-State Counsel Regarding Claim H-3

  
5/23/2018 SuperSTX Ross DiRuzzo DiRuzzo Objection to Subpoena re Claim H-3

 
5/23/2018 SuperSTX Ross DTF Law Firm DTF Objection to Subpoena re Claim H-3

  
5/23/2018 SuperSTX Ross Hamed Hamed's Motion for a Determination of 'No-Privilege' or to Compel Waiver or Presumption as to Hamed's Second Motion Regarding Claim H-3: Yusuf's Payments To The Fuerst Law Firm From Partnership Funds

Word Version
5/21/2018 SuperSTX Ross Hamed Hamed's Motion To Strike Yusuf Claim Y-6 On Procedural Grounds: $49,997 "Black Book Balance" Allegedly Owed

 
5/21/2018 SuperSTX Ross S.Master Ross Sua Sponte Order referring issues related to terms of Partnership to Judge Brady

 
5/21/2018 SuperSTX Ross S.Master Ross Invoice

 
5/21/2018 Letter Hamed Notice of discovery Deficiency and Request for Rule 37.1 Conference as to RFPD 12 of 50

 Word Version
5/19/2018 SuperSTX Ross S.Master Ross Ross Order re Hamed's Motion Seeking Guidance as to Deposition Subpoenas to be Issued From The Superior Court to Prior Defense Counsel And For Enlargement of Time

 
5/18/2018 SuperSTX Ross Yusuf Yusuf Reply re Motion to Clarify or Modify Joint Discovery Scheduling Order (Re Gaffney Process)

 
5/18/2018 Letter Hamed Notice of discovery Deficiency and Request for Rule 37.1 Conference as to RFAs generally

 Word Version
5/17/2018 Letter Hamed Notice of discovery Deficiency and Request for Rule 37.1 Conference as to Interrogatory Response #9 of 50 - $900k Used to Pay Yusuf Tax in April 2013

 Word Version
5/17/2018 SuperSTX Ross Hamed Return of Service - Depo Subpoena to DTF 30(b)(6)

  
5/17/2018 SuperSTX Ross Hamed Notice of Service of Privilege Log as to 5/15/2018 Hamed Responses

 
5/17/2018 SuperSTX Ross Hamed Notice of Deposition as to Christopher David

 
5/17/2018 SuperSTX Ross Hamed Notice of Deposition as to Joseph DiRuzzo

  
5/17/2018 SuperSTX Ross Yusuf Yusuf Opposition re Claim H-13 -- Taxes paid in 2013 by Wally and Wille Hamed

  
5/16/2018 Letter Hamed Notice of discovery Deficiency and Request for Rule 37.1 Conference as to RFPD #18 of 50: re H-167 Daytona Beach Deli $19.5k

 Word Version
5/15/2018 SuperSTX Ross Hamed Hamed's Motion Seeking Guidance as to Deposition Subpoenas to be Issued From The Superior Court to Prior Defense Counsel And For Enlargement of Time

 
5/15/2018 SuperSTX Ross Yusuf Yusuf's Discovery Responses of 5/15/2018

Notice of Discovery Responses
Verification 2nd-8th set of ROGs
2nd RFPDs 06-07 of 50
3rd RFPDs 08-18 of 50
4th RFPDs 19-27 of 50
5th RFPDs 28-36 of 50
6th RFPDs 37-47 of 50
2nd ROGs 02-13 of 50
3rd ROGs 14-15 of 50
4th ROGs 16-28 of 50
5th ROGs 29-32 of 50
6th ROGs 33-41 of 50
7th ROGs 42-48 of 50
8th ROGs 49 of 50
2nd RTA 04-06 of 50
3rd RTA 07-29 of 50
4th RTA 30-32 of 50
5th RTA 33-44 of 50
6th RTA 45 of 50
7th RTA 46-49 of 50

5/15/2018 SuperSTX Ross Hamed Notice of Service of Hamed's 5/15/2018 Discovery Responses

All Hamed's Responses in one PDF
5/15/2018 SuperSTX Ross Hamed Hamed's Discovery Responses of 5/15/18 5 of 5 - Interrogatories 31 - 32 and 33-34

  
5/15/2018 SuperSTX Ross Hamed Hamed's Discovery Responses of 5/15/18 4 of 5 -  Interrogatories 1-33 [sic.]

  
5/15/2018 SuperSTX Ross Hamed Hamed's Discovery Responses of 5/15/18 3 of 5 - Requests to Produce Document

  
5/15/2018 SuperSTX Ross Hamed Hamed's Discovery Responses of 5/15/18 2 of 5 - Requests to Produce Documents

 
5/15/2018 SuperSTX Ross Hamed Hamed's Discovery Responses of 5/15/18 1 of 5 - Requests to Admit

 
5/11/2018 SuperSTX Ross Hamed Withdrawal of Hamed's Motion as to Claim H-17 - $332k of Attys Fees not Reimbursed under the Joint Defense Agreement

 
5/11/2018 SuperSTX Ross Hamed Hamed's Motion as to Claim H-17 - $332k of Attys Fees not Reimbursed under the Joint Defense Agreement

Word Version
5/9/2018 SuperSTX Ross Hamed Hamed's Second Notice Of Service Of Discovery As Per The Special Master's Order Of May 8, 2018

 
5/9/2018 SuperSTX Ross Hamed Hameds Seventh RFPDs - 50 of 50 re Claim H-3

 
5/9/2018 SuperSTX Ross Hamed Hamed Notice of the Service of 3 Items of Discovery Related to H-3 per the Master's Order of May 8, 2018

WORD Version
5/8/2018 SuperSTX Ross Hamed Hamed Notice of 30(b)(6) Depo of DTF re Claim H-3

 
5/8/2018 SuperSTX Ross Hamed Hameds 8th RFAs - No 50 of 50 re Claim H-3

 
5/8/2018 SuperSTX Ross Hamed Hameds Sixth RFPDs 48-49 of 50 re Claim H-3

 
5/8/2018 SuperSTX Ross Hamed Hameds Ninth Claims Interrogatories - No 50 of 50 re Claim H-3

 
5/8/2018 SuperSTX Ross S.Master Ross Ross Order not deciding Hamed Claim H-3 at the moment - $504k for Yusufs Attys  -- allowing more discovery

  
5/7/2018 SuperSTX Ross Hamed Reply re Motion for Surresponse as to Yusuf motion to make claims H-41 to H-141 disappear

WORD Version
5/7/2018 SuperSTX Ross Yusuf Opposition to Motion for Surresponse as to Yusuf motion to make claims H-41 to H-141 disappear

 
5/5/2018 SuperSTX Ross Hamed Corrected - Hamed's Opposition to Yusuf Motion to Clarify or Modify Joint Discovery/Scheduling Order (Re Gaffney Process)

 
5/5/2018 SuperSTX Ross Hamed Notice of Corrected Filing - Hamed's Opposition to Yusuf Motion to Clarify or Modify Joint Discovery/Scheduling Order (Re Gaffney Process)

 
5/4/2018 SuperSTX Ross Yusuf Yusuf's Supplemental Response to Request to Admit #2

 
5/4/2018 SuperSTX Ross Hamed Hamed's Opposition to Yusuf Motion to Clarify or Modify Joint Discovery/Scheduling Order (re Gaffney Process)

 
5/2/2018 SuperSTX Ross Yusuf Yusuf Motion to Clarify or Modify Joint Discovery/Scheduling Order

 
4/28/2018 SuperSTX Ross S.Master Ross Order - Allowing Stip to Yusuf Motion to Amend Discovery Order as to RFA 1

 
4/27/2018 SuperSTX Ross Hamed Hamed's Motion As To Hamed Claim H-13: 2013 Refusal To Pay 2002-2012 Taxes For Waleed And Waheed Hamed-- Despite Having Paid The Identical Taxes For Yusuf Family Members

Word Version
4/24/2018 SuperSTX Ross Yusuf Yusuf's Reply to Opposition to Motion to Clarify or Reconsider Order Deeming Request to Admit No. I Admitted

 
4/23/2018 SuperSTX Ross Hamed Motion for Surresponse as to Yusuf motion to make claims H-41 to H-141 disappear

In WORD 
4/22/2018 SuperSTX Ross Hamed Notice as to Extension of time to Respond to Written Claims Discovery

 
4/21/2018 SuperSTX Ross Hamed Hamed's Response re motion for Amended Order re RFA 1

WORD Version
4/20/2018 SuperSTX Ross Yusuf Motion to Amend Order to Compel as to RFA 1

Full Version with Exhibits
4/20/2018 SuperSTX Ross Yusuf Yusuf's Supplemental Responses to RFPDs 1 & 3

 
4/19/2018 SuperSTX Ross S.Master Ross Order - Denying Hamed Claim Nos. H-38 and H-123 Payments to DTF

  
4/17/2018 SuperSTX Ross Yusuf Yusuf's Supp. Production as to RFPD 2 (H-33) re Merrill Lynch accounts

 
4/12/2018 SuperSTX Ross S.Master Ross Ross Order Granting Hamed Motion to Compel re Three Requests to Admit

 
4/9/2018 SuperSTT Judge Dunston Order in Fraudulent Conveyance action on STT (Dunston, ST-17-CV-384) consolidating that case with this main action (370) and transferring venue

  
4/7/2018 SuperSTX Ross Hamed Hamed's [Expedited] Reply as to his Motion to Compel re Claims Discovery

 
4/6/2018 SuperSTX Ross Yusuf Opposition to Hamed's Motion to Compel re Claims Discovery (RFA's)

 
4/2/2018 SuperSTX Ross S.Master Ross Ross Order Denying Hamed's Claims H-11 & H-12 re condensers and shopping carts

 
4/1/2018 SuperSTX Ross Hamed Notice of Propounding Discovery

Word Document
        Written Discovery for Discovery Plan Part B ends on 3/31/2018

Chart of All Hamed Discovery requests in WORD
Chart of All Hamed Discovery requests in PDF
3/31/2018 SuperSTX Ross Hamed Hamed's Fifth RFPD 37-47

Word Document
3/31/2018 SuperSTX Ross Hamed Hamed's 7th Requests to Admit - No 46-49 of 50

Word Document
3/31/2018 SuperSTX Ross Hamed Hameds Eighth Claims Interrogatories, No 49 of 50

Word Document
3/31/2018 SuperSTX Ross Hamed Hameds Seventh Claims Interrogatories, Nos 42-48 of 50

 
3/30/2018 SuperSTX Ross Yusuf Yusuf 2nd set of discovery - Notice of Service

 
3/30/2018 SuperSTX Ross Yusuf Yusuf 2nd set of discovery - Requests to tp Produce Documents 21-24

  
3/30/2018 SuperSTX Ross Yusuf Yusuf 2nd set of discovery - Interrogatories 33-34

  
3/30/2018 SuperSTX Ross Yusuf Re-Submission of Interrogatories 31 & 32

 
3/28/2018 SuperSTX Ross Hamed Notice of Service as to Hamed's 6th Requests to Admit - No 45 of 50

 
3/26/2018 SuperSTX Ross Hamed Hamed's 6th Requests to Admit - No 45 of 50

  
3/25/2018 SuperSTX Ross Hamed Notice of Service as to 5th RTA and RFPD - and 6th Interrogatories

 Word document
3/25/2018 SuperSTX Ross Hamed Hamed's Fifth RFPD 28-36

 Word Document
3/25/2018 SuperSTX Ross Hamed Hameds Fifth RTA 33-44

Word Document
3/24/2018 SuperSTX Ross Hamed Hameds Sixth Claims Interrogatories, Nos 33-41 of 50

 
3/23/2018 SuperSTX Ross Yusuf Yusuf's 1st Set of Claims Discovery - Exhibits 1-7

 2 per page 
3/23/2018 SuperSTX Ross Yusuf Yusuf's 1st Set of Claims Discovery - Requests to Produce Documents 1-20

  
3/23/2018 SuperSTX Ross Yusuf Yusuf's 1st Set of Claims Discovery - Requests to Admit 1-23

  
3/23/2018 SuperSTX Ross Yusuf Yusuf's 1st Set of Claims Discovery - Interrogatories 1-33

  
3/22/2018 SuperSTX Ross


Hamed Hamed's Motion to Compel Responses to Three Requests to Admit -- And Stipulated Request for Expedited Determination

  
3/22/2018 SuperSTX Ross Joint Joint Stipulation as to Stay of Discovery Responses from Yusuf and Request for Expedited Determination by the Master

 
3/20/2018 SuperSTX Ross Yusuf Yusuf Reply to Hameds Opposition to Motion to Strike Hamed Amended Claim Nos. H-142 and H-143

 
3/16/2018 SuperSTX Ross S.Master Ross Ross Order Denying Hamed Motion re Claim H-10 - Mary Gonzales Bonus

 
3/15/2018 SuperSTX Ross S.Master Ross Ross Order re Yusuf's Motion as to Yusuf Claim No. Y-1 Seeking Holdover Rent on East Store - Denied

 
3/15/2018 SuperSTX Ross S.Master Ross Ross Order re Hamed's Motion as to Hamed Claim No. H-9 Gaffneys salary benefits and bonuses - Denied

  
3/14/2018 SuperSTX Brady Court Order Denying Yusuf motion to Disqualify Joel Holt

Westlaw Version
3/8/2018 SuperSTX Ross Yusuf Yusuf's Reply In Support Of His Motion To Strike Hamed's Claim Nos. H-41 Through H-141 And Additional 'Maybe' Claims

 
3/5/2018 SuperSTX Ross Hamed Opposition to Motion to Strike as to Claims H-142 and H-143

 
3/5/2018 SuperSTX Brady Yusuf Yusuf Sur-Reply re Disqualification of Joel Holt

 
3/1/2018 SuperSTX Ross Hamed Notice of Rescheduling to Video Depositions 1-4

 
3/1/2018 SuperSTX Ross Yusuf Yusuf 1st Round Discovery Responses - Interrogatory 1 of 50

 
3/1/2018 SuperSTX Ross Yusuf Yusuf 1st Round Discovery Responses - Production of Documents 1-5 (w/docs)

 
3/1/2018 SuperSTX Ross Yusuf Yusuf 1st Round Discovery Responses - Responses to Requests to Admit 1-3

 
2/26/2018 SuperSTX Ross Yusuf Yusuf Motion to Strike Hameds Amended Claim Nos 142 and 143 (1/2 Acre Parcels at East Store and Tutu)

 
       

CaseAnywhere Docket (PDF)

CaseAnywhere Docket (Word)
2/26/2018 SuperSTX Ross Hamed Hamed's Notice of Service of Claims Discovery (3)

Word version
2/26/2018 SuperSTX Brady Yusuf Yusuf Reply re Request for Additional Personal Guarantees

 
2/25/2018 SuperSTX Ross Hamed Hamed's 4th RTA 30-32 of 50 for Claims

 
2/25/2018 SuperSTX Ross Hamed Hamed's Fifth ROGs 29-32 of 50 for Claims

 
2/25/2018 SuperSTX Ross Hamed Hamed's Fourth RFPDs 19-27 of 50 for Claims

  
2/21/2018 SuperSTX Ross Hamed Hamed's Notice of Service of 3 Discovery Items

 
2/21/2018 SuperSTX Ross Hamed Hamed’s Third Request For The Production Of Documents Nos. 8-18 Of 50 Pursuant To The Claims Discovery Plan

Word version
2/21/2018 SuperSTX Ross Hamed Hamed’s Fourth Interrogatories Per The Claims Discovery Plan Of 1/29/2018, Nos. 16-28 Of 50

 Word version
2/21/2018 SuperSTX Ross Hamed Hamed’s Third Requests To Admit Pursuant To The Claims Discovery Plan Of 1/29/2018, Nos. 7-29 Of 50

Word version
2/21/2018 SuperSTX Ross Hamed Notice of Service of three items of Discovery re Claims

Word Version
2/16/2018 SuperSTX Brady Court (Brady) Order Allowing Surreply re Clerk's Declaration

 
2/15/2018 SuperSTX Ross Hamed Hamed's Opposition to Yusuf's Motion to Somehow Magically Make 117 Hamed Claims Just Disappear

Word version
2/14/2018 SuperSTX Brady Yusuf Yusuf Reply to Hamed Response re Yusuf Motion for Sur-reply as to Law Clerk's Declaration

 
2/12/2018 SuperSTX Brady Hamed Hamed Response re Yusuf Motion for Sur-reply as to Law Clerk's Declaration

 
2/9/2018 SuperSTX Ross Hamed Return of Service on Partnership Attn LP - Deposition

 
2/9/2018 SuperSTX Ross Hamed Hamed's Notice of Service of Claims Discovery

 
2/9/2018 SuperSTX Ross Hamed

Hamed's Second Requests To Admit Per The Claims Discovery Plan Of 1/29/2018, Nos. 4-6 Of 50 as to Yusuf Claims Y-6 Black Book Balance Owed United, Y-7 Ledger Balances Owed United and Y-9 Unreimbursed Transfers Owed United

 

 WORD version
2/9/2018 SuperSTX Ross Hamed

Hamed's Second Requests For The Production Of Documents Pursuant To The Claims Discovery Plan Of 1/29/2018, Nos. 6-7 Of 50 -- As To Yusuf Claim Y-6, Black Book Balance Owed United, Y-7 Ledger Balances Owed United, And Y-9 Unreimbursed Transfers Owed United  

 WORD version
2/9/2018 SuperSTX Ross Hamed Hamed's Third Claims Interrogatories, Nos. 14-15 of 50, as to Yusuf Claims Nos. Y-6 and Y-7

 WORD version
2/8/2018 SuperSTX Ross S.Master Ross Special Master Ross' Order Denying Hamed's Motion to Deny United Claims Y-6, Y-7, and Y-9 Due to Applicable SOL without prejudice
 
2/6/2018 SuperSTX Ross Yusuf Motion to Strike Claims H-41 to H-141 & 16 others (the "accounting claims")

 
2/6/2018 SuperSTX Ross Hamed Hamed's Notice of Intent to Serve Subpoena -- 30(b)(6) Videotaped Deposition of the Hamed-Yusuf Partnership (a/k/a Plaza Extra Partnership) on March 27, 2018 at 10:00 a.m.

WORD version
2/6/2018 SuperSTX Brady Hamed Declaration of ROBIN P. SEILA re acts while clerk and Chinese Wall

  
2/5/2018 SuperSTX Brady Hamed Hamed's Reply to Yusuf's Motion to Require Hamed to Submit New Lease Guarantees

  
2/4/2018 SuperSTX Ross Hamed Hamed's Claim Discovery - Second Interrogatories 2-13 of 50

 
2/4/2018 SuperSTX Ross Hamed [Revised] Hamed's 1st Notice of Videotaped Claims depositions- 1-4 of 10

March 26, 27, 28 & 29 at 10am
2/2/2018 SuperSTX Brady Yusuf Yusuf motion for Additional Guarantee as to Lease

 
2/2/2018 SuperSTX Ross Hamed

Hamed Notice of Detailed Descriptions of All Claims -- with New and Old Claim Numbers - All information and Documents Known to Hamed - All responses previously received - and CPA-noted Deficiencies

 
1/31/2018 SuperSTX Ross Hamed Hamed's 1st Notice of Videotaped Claims depositions- 1-4 of 10

  
1/30/2018 SuperSTX Ross Hamed Hamed's Claim Discovery - Requests for Documents 1-5 for Claims Nos H-21 H-33 H149 H-151 H-162

  
1/30/2018 SuperSTX Ross Hamed Hamed's Claim Discovery - Requests to Admit nos 1-3 as to Claim Nos H-13_H-18_H-153

  
1/30/2018 SuperSTX Ross Hamed Hamed's Claim Discovery - Interrogatory 1 of 50 2 Re Claim H-143 - Uniteds Parcel of Land at East Store

  
1/29/2018 SuperSTX Ross S.Master Ross Executed - Stipulated Joint Discovery Plan and Schedule

The written portion of the Part A process will be completed by Mr. Gaffney by July 31, 2018.

Part B

Written interrogatories, requests for productlon of documents, and requests for admissions shall be propounded no later than March 31, 2018, and all responses thereto, including objections, shaflbe served notlaterthan May 31,2018,

8. A motion regarding any claim may be filed at any time, wlthout regard for the discovery schedule, and nsed not be held until the end of this process. Timing of responses and replies shall be governed by he V.l. Rules of Civil Procedure,

9. All fact witness depositions, includlng depositions of non-parties, taken for purposes of discovery and/or to preserve testimony for trlal, shall be completed by August 31, 2018.

11. All motions to cornpel, for discovery, sanctions, or for protective orders with respect to fact discovery, shall be filed and served not later than September 17, 2018. 12, Plaintiff shall serve notices identitying all of his expert witnesses, and said expert witnesses' curriculum vitae and wrltten reports, not later than September 28, 2018. '13. Defendants shall serve not¡ces identifying all of their expert witnesses, and said expert witnesses' curriculum vitae and written reports, not later than October 31, 2018. 14. All expert witness depositions, for purposes of discovery and to preserve testimony for trial, shall be completed not later than November 30, 2018. 15, All motions to compel, for sanctions, or for protect¡ve orders with respect to expert discovery, shall be filed and served not later than December 17, 2018. 16. The parties shall jointly contact the Master to attempt an informal resolutíon of any discovery disputes prior to filing discovery motions. 17. All dispositive motions, except for motions challenging subject matter jurisdiction which may be filed at any time, and Daubert/Kuhmo motions shall be filed and served not later than January 15,2019. 18. All motions in limine and V.l, Rule of Evidence 104 motions shall be filed and served not later than January 31, 2019.

 

 
1/29/2018 SuperSTX Ross Hamed Holt Certification of service of two hard copies of ECF filed documents to Special Master

 
1/29/2018 SuperSTX Ross Hamed Hamed's Reply to Yusuf's Motion for Surresponse re Claim H-3 - $504k Atty Fee to DiRuzzo

 
1/29/2018 SuperSTX Ross Hamed Hamed's Reply to Yusuf's Motion to File Surresponse re Hamed's Claims H11 & H-12 -- for the Condensers and Shopping Carts

 
1/25/2018 SuperSTX Ross Yusuf Yusuf Motion for Leave to File Surresponse to Hamed's Reply Re Claims No. H-11 and H-12 - Condensers and Shopping Carts

 
1/24/2018 SuperSTX Ross S.Master Ross Sua Sponte Order - File 2 hard copies of all electronic filings for past and future documents

File of Hamed Documents Supplied

File of Non-Hamed Documents Supplied
1/23/2018 SuperSTX Ross Yusuf Yusuf Reply re Yusuf-United Claim No. Y-1 -- Rent In Holdover Period For Bay 1

 
1/22/2018 SuperSTX Ross Yusuf Yusuf Motion for Sur-Reply as to Claim No. H-3 $504k of Partnership Funds Taken by Yusuf for Diruzzo

  
1/22/2018 SuperSTX Ross Yusuf Yusuf Reply to Opposition to Motion to Strike Hamed's Amended Claims Nos. 4, 5, and 6

 
1/22/2018 SuperSTX Ross Hamed Reply re Motion to Strike BDO Revised Report

 
1/22/2018 SuperSTX Ross Hamed Reply re Motion to Preclude Yusuf Claims prior to 9/7/2006

 
1/19/2018 SuperSTX Ross Yusuf Yusuf's Amended Exhibit A to Integra motion

 
1/19/2018 SuperSTX Ross Yusuf Yusuf's Opposition to Motion to Preclude Yusuf's Claims Prior to September 17, 2006

 
1/19/2018 SuperSTX Ross Yusuf Yusuf's Response to Hamed's Motion to Strike Yusufs Revised BDO Report Claim

 
1/19/2018 SuperSTX Ross Hamed Hamed Reply Re Claims No. H-11 And H-12 -- Condensers and Shopping Carts

  
1/19/2018 SuperSTX Ross Hamed Hamed's Reply as to Claim H-10 -- Mary Gonzales' Retirement Bonus

  
1/19/2018 SuperSTX Ross Hamed Hamed's Reply as to Claims Nos. H-38 And H-123 -- Fees Paid to DTF

 
1/17/2018 SuperSTX Ross Hamed Hamed's Reply As To Claims Y-6, Y-7 And Y-9 -- United's Claims That Violate Sol

 
1/17/2018 SuperSTX Ross Hamed Hamed's Reply To Yusuf's Opposition To Motion Re Hamed Claim $2.7 Million Taken By Yusuf And United

 
1/17/2018 SuperSTX Ross Yusuf Yusuf's Opposition To Hamed's Motion As To Claim No. H-10 Mary Gonzales Post-Split Bonus

 
1/17/2018 SuperSTX Ross Yusuf Yusuf's Opposition To Hamed's Motion As To His Claims Nos. H-38 And H-123 Payments To Dudley, Topper And Feuerzeig Law Firm

 
1/16/2018 SuperSTX Ross Yusuf Yusuf's Opposition to Motion as to Hamed Claims Nos. H-11 and H-12: Two Condensers and 100 Shopping Carts

 
1/16/2018 SuperSTX Ross Yusuf Yusuf's Response to Hamed's Motion as to Hamed Claim No. H-2: $2,784,706.25 Taken in 2012 by Yusuf

 
1/16/2018 SuperSTX Ross Hamed Hamed's Opposition to Motion as to Yusuf-United Claim No. Y-1 -- Rent In Holdover Period For Bay 1

 
1/16/2018 SuperSTX Ross Hamed Hamed's Reply To Yusuf's Opposition To Motion To Strike Yusuf's "Plaza West / Integra" Claim (Y-13)

Yusuf Revised Exhibit A - 1/19/2018
1/16/2018 SuperSTX Ross Hamed Hamed Reply as to Claim No. H-3 -- $504,591.03 Yusuf Paid his Own Lawyer

 
1/16/2018 SuperSTX Ross Hamed Hamed's Opposition to Yusuf's Motion To Strike as to H-4 H-5 and H-6 - supermarket rent increase

 
1/12/2018 SuperSTX Ross Yusuf Yusuf Motion on additional ($250k/mo.) Y-1 - Rent on Bay 1

 
1/12/2018 SuperSTX Ross Joint Joint Discovery and Scheduling Plan

 
1/11/2018 SuperSTX Ross Yusuf Yusuf Opposition to Hamed Motion re SOL for United - Claims Y-6, Y-7 and Y-9

  
1/11/2018 SuperSTX Ross Yusuf Yusuf Opposition to Hamed Motion to Strike Yusuf's Integra Going Concern Claim Y-13

  
1/11/2018 SuperSTX Ross Hamed Notice - Numbered List of Yusuf and Hamed Claims

 
1/9/2018 SuperSTX Brady Yusuf Yusuf Reply re Disqualification of Joel Holt

 
1/9/2018 SuperSTX Ross Yusuf Yusuf motion as to claims H-4, H-5 and H-6 - re Supermarket Lease increase

  
1/9/2018 SuperSTX Ross Yusuf Yusuf Opposition to Hamed Claim H-3 - $504k for Yusufs Attys

 
1/9/2018 SuperSTX Ross Hamed Hamed Motion on Claims 38 and 123 -  DTF Fees

 
1/9/2018 SuperSTX Ross Hamed Hamed Motion as to Claim H-10 Mary Gonzales Retirement Bonus

  
1/8/2018 SuperSTX Ross Hamed Hamed Motion as to Claims Nos. H-11 & H-12: 2 condensers and 100 shopping carts

  
12/28/2017 SuperSTX Ross Hamed Hamed Reply re Hamed Claim No. H-9: John Gaffney's Salary, Benefits and Bonus

 
12/28/2017 SuperSTX Ross Yusuf Yusuf Opposition To Hamed's Motion Re Claim No. H-9: John Gaffney's Salary, Benefits And Bonus

 
12/27/2017 SuperSTX Ross Hamed Hamed's Motion To Preclude Yusuf's Claims Prior To September 17, 2006

 
12/27/2017 SuperSTX Ross Hamed Exhibit Book To Hamed's Motion To Strike Yusuf's "Revised Bdo Report" Claim

 
12/27/2017 SuperSTX Ross Hamed Hamed's Motion To Strike Yusuf's "Revised Bdo Report" Claim

 
12/20/2017 SuperSTX Ross Hamed Hamed Motion as to his Claim H-3 - $504k used by Yusuf to pay DiRuzzo

 
12/20/2017 SuperSTX Ross Hamed Hamed Motion as to his Claim H-2 - $2.7 million taken by Yusuf

  
12/19/2017 SuperSTX Ross Hamed Hamed's Motion as To Hamed Claim No. H-9: John Gaffney's Salary, Benefits And Bonus

  
12/18/2017 SuperSTX Ross Hamed Hamed Motion to Strike Yusuf Claim Y-13 (Intergra-West Going Concern Value)

  
12/18/2017 SuperSTX Ross Hamed Hamed motion to deny Yusuf Claims Y-6, Y-7 and Y-9 for Statute of Limitations

  
12/18/2017 SuperSTX Brady Hamed Certification that the 3 KAC-357 Inc. shareholders guaranteed the West Lease as Ordered (w/ guarantee)

  
12/15/2017 SuperSTX Ross S.Master Ross Hearing Transcript - Hearing before Special Master Judge Ross

 
12/14/2017 Superior Hamed Hamed Opposition to Yusuf Motion to Disqualify Joel Holt

  
12/14/2017 SuperSTX Ross Hamed Hamed Response to Yusuf "Bench Memo"

 
12/14/2017 SuperSTX Ross Hamed Notice as to Alice Kuo

 
12/13/2017 SuperSTX Ross Yusuf Bench Memo re Hearing

 
12/8/2017 Superior Court Order Denying Yusuf Motion re Fraudulent Transfer re West Lease guarantee

 
12/6/2017 Superior Yusuf Motion to Disqualify Joel Holt

  
12/4/2017 SuperSTX Ross S.Master Ross Scheduling Order (Ross) re 12/15/17 status hearing and 1/12/18 briefs due

 
11/16/2017 Superior Hamed Motion for Hearing [re Accounting Claims]

 
11/15/2017 Superior Court (Brady) Brady denial of motion to reconsider and to certify for appeal as to accounting decision barring pre 9/17/2006 claims

 
10/30/2017 SuperSTX Ross Hamed Hamed's Revised (Post-2006) Claims

Notice to Court of Filing
10/30/2017 SuperSTX Ross Yusuf Yusuf's Revised (Post-2006) Claims

Notice to Court of Filing
9/10/2017 Superior Yusuf Reply re Yusuf Motion to Overturn Lease due to Fraud on the Court

 
9/5/2017 Superior Yusuf Reply re Motion for Reconsideration of Accounting Summary Judgment

 
9/5/2017 Superior Yusuf Reply re Motion for Immediate Appeal of Accounting Order

 
8/29/2017 Superior Hamed Opposition to Motion to Set Aside Lease due to Fraud on the Court

 
8/24/2017 Superior Yusuf Motion to Set Aside Lease due to Fraud on the Court

 
8/15/2017 Superior Hamed Opposition to Motion for Immediate Appeal

 
8/15/2017 Superior Hamed Opposition to Motion for Reconsideration of Accounting Summary Judgment

 
8/11//2017 Superior Yusuf Motion for Immediate Appeal of Accounting Order

  
8/11//2017 Superior Yusuf Motion for Reconsideration of Accounting Summary Judgment

 
7/25/2017 Superior Court West version of 6 decisions as single document

 
7/25/2017 Superior Court Order 6 of 6 - Limiting Accounting

  
7/25/2017 Superior Court Order 5 of 6 - Denying Daubert Strike of BDO Report without Prejudice

  
7/25/2017 Superior Court Order 4 of 6 - Discovery

  
7/25/2017 Superior Court Order 3 of 6 - Denying Yusuf motion to Strike Hamed Claims

  
7/25/2017 Superior Court Order 2 of 6 - Striking Jury Demand

  
7/25/2017 Superior Court Order 1 of 6 - Denying Motion to Terminate Master

 
6/30/2017 Superior Yusuf Notice that contrary to 6/26/17 order, Answer had already been filed

 
6/26/2017 Superior Court Order dismissing Yusuf Motions to Dismiss and requiring filing of Answer

 
5/11/2017 Superior Hamed Supplementation of Record - Ross Invoice for 2016-2017

 
4/6/2017 Superior Hamed Reply re Motion to Terminate the Master

 
4/3/2017 Superior Yusuf Opposition to Motion to Terminate the Master

 
4/3/2017 Superior Yusuf Reply re Hamed Response re Three Issues from Hearing

 
3/27/2017 Superior Hamed Hamed Response to Yusuf Supplemental Brief re Statute of Limitations

 
3/27/2017 Superior  Hamed Hamed Response to Yusuf Supplemental Brief re Daubert Motions as to BDO and Integra

 
3/27/2017 Superior Hamed Hamed Response to Yusuf Supplemental Brief re Three Additional Issues (Jury, Claims  & Objections and Scheduling)

 
3/27/2017 Superior Hamed Notice of Filing of Transcript of March 6, 2017 Hearing

 
3/21/2017 Superior Yusuf Supplemental Briefing as to Three Additional Hearing Issues:

Defendants' Motion to Strike Jury Demand

Defendants' Motion to Strike Hamed's Revised Notice of Partnership Claims and Objections to Yusufs Post-January l, 2012 Accounting and Notice of Supp. of Record

Plaintiffs Motion for Further Instructions and Discovery Schedule

  
3/21/2017 Superior Yusuf Supplemental Briefing as to Motion to Strike the BDO Report under Daubert

 
3/21/2017 Superior Yusuf Supplemental Briefing as to Statute of Limitations

 
3/20/2017 Superior Hamed Hamed Response re Further Scheduling and Proposed Order

Proposed Order
3/15/2017 Superior Hamed Motion to Terminate the Role of Special Master

  
3/6/2017 Superior Court Hearing before Judge Brady (Transcript)
 		 Exhibits as a Bookmarked PDF

Just the Exhibits that were Charts, Depo Excerpts, Expert Reports and Rhea Declaration
2/13/2017 Superior Hamed Objection to 12th Bimonthly Partnership Report

 
2/7/2017 Superior Court Hearing Scheduling Order

Courtroom 211 on March 6, 2017, at 10:00 a.m.:

(1) Plaintiff's Motion for Partial Summary Judgment (re: statute oflimitations), filed May 13, 2014. In light of United Corp. v. Hamed, 64 V .I. 297, 310 (2016), Plaintiff may present evidence of Defendant Yusu:rs knowledge of any suspicious circumstance relating to information in his possession to trigger a duty to exploit his access to such information, as required to commence the running of the statute of limitations.

(2) Defendants' Motion to Strike Jury Demand, filed September 14, 2014;

(3) Defendant Yusuf's Motion to Strike Hamed's Revised Notice of Partnership Claims and Objections to Yusufs Post-January 1, 2012 Accounting and Notice of Supplementation of Record (expert report of J. David Jackson), filed December 12, 2016;

(4) Plaintiffs Motion to Strike Business Valuation Expert (Integra), filed October 3, 2016; and Plaintiff's Motion to Strike Accounting Expert (BDO), filed October 4, 2016;

(5) Plaintiff's Motion for Further Instructions and Discovery Schedule, filed October 28, 2016. Telephonic attendance is permissible.

2/7/2017 Superior Court Denial of Hamed Motion for Partial Summary Judgment re Dorothea

 
1/31/2017 Superior Yusuf 12th (final) Bi-Monthly Partnership Report

  
1/3/2017 Willocks Court Order in Plessen Action -- Allowing Distribution of $460,000 from Court Account to Plessen

 
12/28/2016 Superior Hamed Reply re Motion to Sever in Dorothea case

 
12/22/2016 Superior Yusuf Opposition to Motion to Sever Dorothea Case

 
12/22/2016 Superior Court

Three Housekeeping Orders:

 

1. Allowing Hamed's re-filing of the redacted set of claims and objections on October 17th, and returning the unredacted versions to Joel Holt.

2. Since both sides stipulated to the opening of a Plessen bank account; earlier order about appointing a third Plessen Director is mooted

3. Substituting Waleed as the executor of the Estate in the 370 case. 

12/19/2016 Superior Hamed Hamed Opposition to Yusuf Motion to Strike Hamed's Revised Ntc of Partnership Claims Objections re Jackson Report

 
12/12/2016 Superior Yusuf Yusuf Motion to Strike Hamed's Revised Ntc of Partnership Claims Objections re Jackson Report

 Proposed Order 
12/12/2016 Superior Yusuf Yusuf Notice of Supplementation of Claims

 
12/8/2016 Superior Hamed Hamed Objection to 11th Bi-Monthly Partnership Report
 
  
12/7/2016 Superior Yusuf Yusuf Supplementation of Claims
 
  
12/5/2016 Superior Yusuf 11th Bi-Monthly Partnership Report
 
  
12/2/2016 Superior Yusuf Yusuf "Opposition" to Hamed Notice of Supplemental Authority as to Willie STT Case

  
11/30/2016 Superior Hamed Notice of Supplementation of Record (Jackson Expert Report)

 
11/16/2016 Superior Hamed Hamed Reply re Motion for Further Instructions and Interim Discovery Order

  
11/15/2016 Superior Hamed NOTICE OF SUPPLEMENTAL AUTHORITY as to SOL

 
11/10/2016 Superior Yusuf

Yusuf Opposition to Motion for Further Instructions and Interim Discovery Order

 
11/4/2016 Superior Yusuf Reply re Hamed's Opposition to Defendants' Motion to Strike Hamed's “Response Re Jury Issues"

  
10/28/2016 Superior Hamed

Hamed Motion for Further Instructions and Interim Discovery Order 

  
10/26/2016 Superior Hamed

Reply re Daubert Motion as to "going concern" appraisal at West - Integra 

  
10/26/2016 Superior Hamed

Reply re Daubert Motion as to CPA - BDO

 
10/25/2016 Superior Hamed

Opposition to Motion to Strike Hamed's First Supplemental Claims  

  
10/24/2016 Superior Yusuf

Motion to Strike Hamed's First Supplemental Claims

 
10/20/2016 Superior Yusuf

Opposition to Daubert Motion to Strike Integra Accounting Report re "going concern" at West Store

 
10/20/2016 Superior Yusuf

Opposition as to BDO Daubert Motion

 
10/20/2016 Superior Yusuf

Reply to Hamed's Response to Yusuf Motion to Strike Accounting Claims  

  
10/18/2016 Superior Hamed

Hamed's Opposition to Defendants' Motion to Strike Hamed's “Response Re Jury Issues"

 
10/17/2016 Superior Hamed

Hamed's Response to Yusuf Motion to Strike Accounting Claims

  
10/17/2016 Superior Hamed Re-filing -- of Hamed's Objections to Partnership Accounting and Claims

MAIN FILING as filed in paper - Hamed Claims and Objections

[All Exhibits Below are Redacted for SSN and Account No.]

EXHIBIT A  Description of Hamed Claims 1986 to January 1, 2012

--EXHIBIT A-1 Spreadsheet of Hamed Claims 1986 to January 1, 2012 (attached to Exhibit A)

--Exhibits (submitted to Court on CD) Exhibit Documents to Exhibit A (Hamed Claims 1986 to January 1, 2012)

EXHIBIT B  Description of Hamed Claims January 1, 2012 to Present

--EXHIBIT B-1 Summary Chart of Hamed Claims January 1, 2012 to Present (Attached to Exhibit B)

--EXHIBIT B-2 Expert Report of Jackson, Vizcaino Zomerfeld, LLP, Certified Public Accountants

--Attachments (submitted to Court on CD) Attachments VI to end for the Expert Report

--Exhibits (submitted to Court on CD) Exhibits to the Expert Report

EXHIBIT C  Expert Report of Lawrence Schoenbach

EXHIBIT D  Declaration of Joel Holt

10/14/2016 Superior Yusuf

Motion to Strike Hamed's Partnership Claims Filings and Objections

  
10/14/2016 Superior Yusuf

Motion to Strike Hamed's Opposition to Yusuf Motion to Strike Jury Demands

 
10/13/2016 Superior Court Consolidation of Dorothea by Signing Stipulation Hamed claims at p. 1 of the Motion that "to date, no consolidation order has been entered" in this case. This is untrue since this Court entered an order granting the stipulation for consolidation on October 13,2016
10/6/2016 Superior Hamed

Yusuf Reply re Motion to Strike Jury Demand

 
10/6/2016 Superior Hamed

Notice of Hamed's First Supplemental Claims Occasioned by Yusuf's Disclosures in his Claims

  
10/4/2016 Superior Hamed

Daubert Motion to Strike Integra Accounting Report re "going concern" at West Store

 
10/3/2016 Superior Hamed

Memorandum in Support of Daubert Motion to Strike BDO Accounting Report re Pre-2012 Claims

Motion
9/30/2016

Re-filed
Redacted
10/17/2016
 Superior
 Hamed HAMED'S NOTICE OF PARTNERSHIP CLAIMS AND OBJECTIONS TO YUSUF'S POST-JANUARY 1, 2012 ACCOUNTING
9/30/2016 Superior
 Yusuf YUSUF'S ACCOUNTING CLAIMS AND PROPOSED DISTRIBUTION PLAN

Main Filing - YUSUF'S ACCOUNTING CLAIMS AND PROPOSED DISTRIBUTION PLAN

Exhibit A - Summary of Yusuf Plan Distributions

Exhibit B - Litigation Reserves Calculations

Exhibit C - Calculation of Interest on Bay 1 Rent

Exhibit D - Calculation of Interest on Bay 1 Rent

Exhibit E - Calculation of Interest on Bay 5 & 8 Rent

Exhibit F - Summary and Evidence of United Payments for Gross Receipts Taxes EXHIBIT

Exhibit G - Relevant Black Book Entries

Exhibit H - Relevant Ledger Entries

Exhibit I - Summary and Supporting Documentation of Unreimbursed Transfers from United

Exhibit J - Appendix A List of Documents Reviewed

Exhibit J - BDO CPA Final Report 9-30-2016 [Redacted]

Exhibit J - Appendix B - CV Fernando Scherrer

Exhibit J-1 - COVER SHEET - TO BE PROVIDED BY FLASHDRIVE

Exhibit K - List of Foreign Accounts

Exhibit L - Wire Transfer Information Supporting Claim

Exhibit M - Cairo Amman Checks to Waleed Hamed

Exhibit N - Land Value Estimation

Exhibit O - Agreement in Arabic Conveying Hamed's Interest in Jordanian Parcel

Exhibit P - Integra Realty Resources Valuation Report

Exhibit Q - Integra Realty Resources Appraisal Report

9/27/2016 Superior Hamed

Hamed's response Re Jury Issues

  
9/20/2016 Superior Hamed

Motion to Substitute Waleed M. Hamed, Executor with Exhibits A & B Order and Letters Testamentary

 
9/20/2016 Superior Joint

Joint Stipulation ending motions re Plessen Bank Account and Directors 

  
9/15/2016 Superior Court

Order allowing extension of Plessen Bank Opening

 
8/19/2016 Superior Yusuf

Motion to Reconsider Order re Plessen Board Directors

 
8/18/2016 Superior

Joint

 

 Joint Motion to Enlarge time to Settle Bank Account Opening Dispute re Plessen Proposed Order -- The Court shall be notified on or before September 20 whether this matter is resolved. lf not, the parties need to fully comply with the directive set forth in the August Order by September 20,2016.
8/5/2016 Superior Court

Order Denying Motion to Quash 2 Bank Subpoenae

 
8/5/2016 Superior Court

Order Denying Yusuf Motion to Appoint a Receiver for Plessen  

  
8/5/2016 Superior Court

Order Denying Motion to Remove Fathi Yusuf as Liquidating Partner

  
8/5/2016 Superior Court

Order Denying Motion to Disqualify DTF as Counsel

 

  
8/5/2016 Superior Court

Order denying consolidation of United v. Wally Hamed and Dismissing

  
8/1/2016 Superior Yusuf

Ninth Bi-Monthly Partnership Report

 

  
7/25/2016 Superior Yusuf

Notice of Subpoena to Tutu Park Ltd. (RE Lease Negotiations)

 

  
7/20/2016 Superior Hamed

Supplemental Authority re DTF Disqualification Motion

 

  
7/19/2016 Superior Hamed

Opposition to Motion to Compel Opening of Bank Account and/or Appointment of Receiver

 

  
7/11/2016 Superior Yusuf

Motion to Compel Opening of Bank Account and/or Appointment of Receiver for Plessen Inc.

 

  
7/6/2016 Superior Hamed

Opposition to Motion to Quash Subpoenas

  
7/1/2016 Superior Yusuf

Yusuf Reply to Objection to 8th Monthly Report 

  
6/24/2016 Superior Yusuf

Motion to Quash Subpoenas to two banks

 
6/22/2016 Superior Yusuf

Notice of Death

 

  
6/17/2016 Superior Hamed Objection to 8th Bimonthly Report  
5/31/2016 Superior Yusuf

Liquidating Partner's Eighth Bi-Monthly Report

 

  
5/31/2016 Superior Hamed Notice and Subpoena for July 2012 to June 2013 checks plus other bank records from Banco Popular

  
5/31/2016 Superior Hamed Notice and Subpoena for July 2012 to June 2013 checks plus other bank records from ScotiaBank

 
4/21/2016    

 

 

Judge Willocks' Opinion regarding Plessen Board Meeting, West Lease etc.

SuperiorSTX

 
4/19/2016 Superior Court

Order Consolidating Enfield Green Action (SX-14-CV-287) into this case

 

  
3/29/2016 Superior Hamed

Mohammad Hamed's Opposition to Consolidation of three cases

 

  
3/29/2016 Superior Hamed

Opposition to Motion to Consolidate Wadda Charriez Action

 

 Cross-filed
3/29/2016 Superior Hamed

Opposition to Mot to Consolidate Wally Hamed Action

 

 Crossfiled
3/29/2016 Superior Hamed

Opposition to Motion to Consolidate Willie Hamed STT Action

 

 Cross-filed in STT Willie Hamed action
3/17/2016 Superior Yusuf

Motion to Consolidate Wadda Charriez STX action

 

 Cross-filed
3/17/2016 Superior Yusuf

Motion to Consolidate Wally Hamed STX action

 

 Cross-filed
3/17/2016 Superior Yusuf

Motion to Consolidate Willie Hamed STT action

 

 Cross-filed
2/26/2016 Superior Hamed

REPLY TO YUSUF'S OPPOSITION TO MOTION Disqualify LP

 

  
2/24/2016 Superior Yusuf

Yusuf Reply to Hamed Ntc of Objection to LP's Sixth Bi-Monthly Report

 

  
2/22/2016 Superior Hamed

PLAINTIFF Hamed's REPLY TO DTF'S OPPOSITION TO DISQUALIFY THE FIRM

 

  
2/17/2016 Superior Yusuf

Yusuf Opposition to Motion to Remove Liquidating Partner

 

  
2/17/2016 Superior Yusuf

Yusuf Opposition to Motion to Disqualify DTF

 

  
2/8/2016 Superior Hamed

Hamed Objection to Liquidating Partner's 6th Bi-Monthly Report

 

  
2/1/2016 Superior Yusuf

Liquidating Partner's 6th Bi-Monthly Report

 

 Also see Gaffney financials accompanying
1/29/2016 Superior Hamed

Hamed motion to Disqualify DTF

 

  
1/29/2016 Superior Hamed

Hamed motion to Remove Liquidating Partner

 

  
11/30/2015 Superior Yusuf

Liquidating Partner's 5th Bi-Monthly Report

 

  
11/16/2015 Superior Yusuf

Liquidating Partner's Final Accounting

 

 Notice, Partnership Accounting, Distributions Schedule to Partnership Accounting, Reconciliation Schedule to Partnership Accounting
10/23/2015 Superior Hamed

Response to Judge Ross re Additional Assets to be Dealt With

 

  
10/23/2015 Superior Yusuf

Response to Judge Ross re Additional Assets to be Dealt With

 

  
10/12/2015 Superior Joint

Revised Joint Stipulation as to Submission of Accountings

 

1. The Liquidating Partner will submit the Partnership accounting required by Section 5 of the Plan to the Master and Hamed on November 16, 2015 instead of September 30, 2015 as anticipated in the last paragraph of the Liquidating Partner's third bi-monthly report;
2. The Partners will submit their proposed accounting and distribution
plans required by Section 9, Step 6, of the Plan to each other and the Master by March 3, 2016.

 
9/30/2015 Superior Yusuf

Liquidating Partner's Fourth Bi-Monthly Report

 

  
9/8/2015 Superior Joint

Joint Stipulation as to Submission of Accountings

 

l. The Liquidating Partner will submit the Partnership accounting required by Section 5 of the Plan to the Master and Hamed on October 16, 2015 nstead of September 30, 2015 as anticipated in the last paragraph of the liquidating Partner's third bi-monthly report;

The Partners will submit their proposed accounting and distribution plans required by Section 9, Step 6, of the Plan to each other and the Master by February 1, 2016.
9/3/2015 Superior Yusuf

Yusuf Response to Objection to Liquidating Partner's Bi-Monthly Reports

 

  
9/3/2015 Superior Yusuf

Yusuf Opposition to Motion to Clarify Order of Liquidation

 

  
8/18/2015 Superior Hamed

Plaintiff's Notice of Objection to Liquidating Partner's Bi-Monthly Reports

 

  
8/14/2015 Superior Hamed

Motion to Clarify (Time to File Hamed Accounting)

 

  
7/31/2015 Superior Yusuf

3rd Bi-Monthly Report from Liquidating Partner

 

  
7/2/2015 Superior Court

Brady Order Allowing Supervised Access to Partnership account for winding up

 

  
6/5/2015 Superior Court Order Denying Reconsideration of Back Rent

  
6/1/2015 Superior Yusuf

Liquidating Partner's Second Bi-Monthly Report

 

 Accompanied by financial records of LEA account for March and April
5/14/2015 Superior Hamed

Hamed Reply re Motion to Reconsider Rent

 

  
5/11/2015 Superior Yusuf

Yusuf Opposition to Motion for Reconsideration of Portion of Rent Order

 

  
5/4/2015 Superior Hamed

Motion for Reconsideration re Rent Order

 

  
5/1/2015 Superior Court

Master's Order confirming sale of Tutu store to Hamed

 

  
4/30/2015 Superior Court

Second Supp. Order Returning Hameds' PI Bond ($520,600)

 

  
4/30/2014    

Sale of Tutu Store

 

 Vi Daily News Article (5/1/15) and Avis Article re Sale of Tutu store on St. Thomas
4/28/2018 Superior Court

Ross Order re Bidding Procedures for STT Tutu store sale

 

  
4/28/2015 Superior Court

Two Orders Returning Hameds' PI Bond

 

  
4/27/2015 Superior Court

Order allowing withdrawal of back rents by United

 

  
4/9/2015 Superior Hamed

NOTICE OF SUPPLEMENTATION OF THE RECORD

 

Directors Meeting Adopting Plessen Bylaws in 1997 with Fathi Yusuf document agreeing (Rule 26 Disclosure re same)

 
4/1/2015 Superior Hamed

Reply to Yusuf Opposition to Plaintiff's Motion for Release of PI Bond

 

  
4/1/2015 Supreme Hamed

Reply to Opposition to Motion for Attorney Fees and Costs

 

  
3/30/2015 Superior Yusuf

Liquidating Partner - First Bi-Monthly Report

 

  
3/30/2015 Superior Yusuf

Yusuf Opposition to Plaintiff's Motion for Release of PI Bond

 

  
3/27/2015 Supreme Yusuf

Opposition to Motion for Attorney Fees and Costs

 

  
3/23/2015 Supreme Court

Mandate on Appeal

 

  
3/16/2015 Superior Hamed

Motion for Return of Bond

 

  
3/13/2015 Supreme Hamed

Motion for Attorney Fees and Costs

 

Holt Declaration- Ex 1

Hartmann Declaration - Ex 2
3/9/2015      

Daily News Article re: Separation of Stores

 
3/8/2015       Avis Article re: Separation of Stores

3/09/2015

Superior

Master

Two Orders Transferring East and West as of 3/9/15

 
2/27/2015 Supreme Court

Memorandum Opinion - Dismissing Appeals for Lack of Jurisdiction

 

 Westlaw Version - 2015 WL 877879 (V.I.)
2/27/2015 Superior Court

Order Denying Motion for Stay

 

  
2/23/2015 Supreme Hamed

Hamed Reply to Opposition to Motion to Dismiss re Jurisdiction

 

  
2/23/2015 Supreme Court

Order requiring Yusuf to File Opposition to Motion to Dimiss (Jurisdiction) by 4 pm next day

 

  
2/23/2015 Supreme Hamed

Motion to Dismiss re Jurisdiction

 

  
2/20/2015 Supreme Court

Order Consolidating and Setting Schedule

 

ORDERED that S. Ct. Civ. Nos. 2015-0001 and 2015-0009 shall be CONSOLIDATED as S. Ct. Civ. No. 2015-0001. It is further


1. Appellant SHALL FILE its brief and the joint appendix on or before 3:00 p.m. on Friday February 27, 2015;
2. Appellees SHALL FILE their briefs on or before 3:00 p.m. on Friday, March 6, 2015;
3. Appellant MAY FILE a reply brief on or before 3:00 p.m. on Monday March 9, 2015;
4. Appellee Mohammed Hamed MAY FILE a sur-reply brief, which shall be limited solely to the issues he has raised as part of his cross-appeal, on or before 3:00 p.m.
on Wednesday March 11, 2015
2/19/2015 Supreme Yusuf

Reply re Motion to Stay

 

  
2/19/2015 Supreme Yusuf

Notice re inventory

 

  
2/18/2015 Supreme Both Stipulation Come now the parties, by counsel, and hereby stipulate, with the consent and approval of the Master, to amend the Court's Order Adopting Final Wind Up Plan, which stipulation is expressly subject to Court approval, as follows:
1. The parties stipulate that once a partner (either Fathi Yusuf and Mohammad Hamed) receives possession of one of the three Plaza Extra stores (located on St. Croix at Sion Farm and Estate Plessen, as well as on St. Thomas at Tutu Park Mall), there is no requirement to further employ (or pay) the other partner's family who were employed in that store. However, it is agreed that there will be a Yusuf and Hamed manager in each store with their current salaries being paid until such possession is transferred to just one partner; provided, however, that the Liquidating Partner, as defined in the Plan, may, with the approval of the Master, terminate the employment and payment of any employee whose services are no longer necessary or beneficial in the wind up of the Partnership.
2. Once any store is transferred to a one partner, nothing shall be removed from the store by the other partner or his sons. If personal or other property must be removed after the transfer, the Master will supervise the removal personally. The Parties respectfully request the Court to approve this stipulation forthwith so the foregoing terms replace the referenced terms in the Court's Order Adopting Final Wind Up Plan dated January 7, 2015, as modified by the Court's Order approving Stipulation entered on January 27, 2015, with all other terms remaining unchanged and subject to
the rights of any party to appeal.
2/17/2015 Supreme Yusuf

Motion to Vacate Scheduling Order

 

  
2/17/2015 Supreme Hamed

Opposition to Motion to Stay

 

  
  Superior Court

Certified Docket Sheet as transmitted by Superior Court Clerk to VI Supreme Court

 

  
2/13/2015 Supreme Court Order from S.Ct. re Emer Mot for Stay

THIS MATTER is before the Court is Appellant's Emergency Motion to Stay Pending Appeal of Portions of the Superior Court Order Adopting Final Wind Up Plan. While the accompanying motion contains numerous citations to Appellees' Opposition to the Motion to Stay filed in the Superior Court, Appellant does not include this Opposition in his exhibits and Exhibit 4 is illegible. The Court will therefore require Appellant to correct these deficiencies and will order Appellees to file an expedited response.1 Accordingly, the premises considered, it is hereby

ORDERED that, no later than 12:00 p.m. Tuesday, February 17, 2015, Appellant SHALL FILE the documents referenced in this Order; and it is further

ORDERED that Appellees SHALL RESPOND to Appellant's Emergency Motion for Stay Pending Appeal no later than 12:00 p.m. Wednesday February 18, 2015; and it is further

ORDERED that copies of this Order shall be issued to the parties.
2/13/2015 Supreme Yusuf

Yusuf Emergency Motion for Stay

 

 Motion, Order, Memo and 6 exhibits - bookmarked
2/10/2015 Supreme Hamed

Hamed Amended Notice of Filing Cross Appeal

 

Adding:

3. If this Court finds that a lease can be imposed on a third party, Plessen Enterprises, Inc., for the Plaza West location as part of the partnership winding up, as requested by the Appellant in its Notice of Appeal, then this Court should consider whether on remand the trial court must also be required to consider imposing an lease for the partnership on United Corporation for the Plaza East store, which can be then be auctioned as well between the partners
2/10/2015 Superior Yusuf

Yusuf Reply to Hamed's Opposition to Motion for Stay Pending Appeal

 

  
2/10/2015 Superior Yusuf

Yusuf Notice of Intent to Seek a Determination from the Supreme Court re Motion to Stay

 

  
2/10/2015 Superior Yusuf

Yusuf Reply to Plessen's Opposition to Yusuf's Motion for Stay of Portions of Winding Up Order

 

  
2/9/2015 Supreme Yusuf

Reply to Hamed's Opposition to Motion to Consolidate (and jurisdiction issue)

 

  
2/9/2015 Superior Hamed

Notice of Supplementation of Record

 

  
2/4/2015 Superior Hamed

Opposition to Motion to Stay

 

  
2/2/2015 Superior Hamed

Notice to Supplement Record re Eviction

 

  
2/2/2015 Supreme Hamed

Hamed Joint Opposition to Motion to Consolidate

 

  
1/28/2015 Superior Yusuf

Motion to Partially Stay January 7, 2015 Order

 

As to West Store

 
1/28/2015 Supreme Yusuf

Notice of Second Appeal - re Plan

 

  
1/26/2015 Superior Joint

Joint Stipulation as to Final Winding Up Order

 

  
1/13/2015 Supreme Court

Scheduling Order for Briefs

 

ORDERED that, pursuant to Supreme Court Rule 25,


1. Appellant SHALL FILE AND SERVE Appellant's Brief and the Joint Appendix within forty (40) days ofthis date, on or before FEBRUARY 23, 2015.

2. Appellee SHALL FILE AND SERVE Appellee's Brief within thirty (30) days after filing and service of Appellant 's Brief.


3. Appellant MAY FILE AND SERVE Appellant's Reply Brief, if any, within fourteen (14) days after filing and service of Appellee's Brief.
1/9/2015 Superior Court

Judge Brady's ORDER ADOPTING Final WindUp Plan

 

 Clean Version (without lead in)
1/5/2015 Supreme Court

Docketing Order to Yusuf re Transcript

 

  
1/5/2015 Supreme Yusuf

Notice of Appeal as to Lease and Plessen Board Orders

 

  
12/5/2014 Superior Court

Opinion - Denial of Yusuf Motion for Reconsideration as to West Lease and Plessen Board Meeting

 

  
11/7/2014 Superior Court

Summary judgment as to Partnership

 

  
11/5/2014 Superior Hamed

Withdrawal of Hamed's Motions to Show Cause

 

  
11/4/2014 Superior Yusuf

D Response to Hamed's Motions to Show Cause

 

  
10/28/2014 Superior Yusuf

Yusuf Responses to Hamed Comments re Proposed Plan

 

  
10/28/2014 Superior Hamed

Hamed Motion to Show Cause re Access to Stores and Information

 

  
10/28/2014 Superior Hamed

Hamed Responses to Yusuf Comments re Proposed Plan

 

  
10/24/2014 Superior Hamed

Willie Hamed Reply Re Opposition to 10/15/2014 Motion to Show Cause (Payroll)

 

  
10/23/2014 Superior Hamed

Renewed Motion for Contempt (Payroll)

 

  
10/23/2014 Superior Yusuf

Fathi Yusuf and United Corporation's Response to Motion to Compel

 

  
10/23/2014 Superior Hamed & Counterclaim Defendants

P and Counterclaim Defendants' Response to Motion to Compel

 

  
10/21/2014 Superior Yusuf

Defendants' Opposition to 2nd Motion to compel re payroll

 

  
10/21/2014 Superior Hamed

Hamed Formal Comments of Proposed Winding Up Order of 10/7/14

 

  
10/21/2014 Superior Yusuf

Yusuf Formal Comments of Proposed Winding Up Order of 10/7/14

 

  
10/16/2014 Informal Hamed

Hamed Informal Comments to Master re Proposed Winding up Plan

 

 Encrypted
10/16/2014 Informal Yusuf

Yusuf Informal Comments to Master re Proposed Winding up Plan

 

 Encrypted
10/15/2014 Master Master Email Order from Master re Contempt

-----Original Message-----
From: Edgar Ross
Sent: Wed, Oct 15, 2014 2:42 pm
Subject: RE: Plaza - Motion to Show Cause
It is not in defendant's best interest to unilaterally make changes to established and existing processes and procedures. The injunction preserved the status quo and such should remain unless the Court or the Master approves changes. Yusuf has no authority to remove anyone from the payroll; if he did, he should immediately reverse his action and restore Waleed to pay status. 
10/15/2014 Superior Hamed

P Motion to Show Cause

 

 Removal of Wally Hamed from Sage50 Payroll
10/14/2014 Superior Yusuf

D Opposition to P Motion for Sur Reply re Rents

 

  
10/8/2014 Superior Yusuf

Fathi Yusuf's Reply Brief in Support of Motion for Summary Order re Plessen Director Election

 

  
10/7/2014 Superior Court

Order - Plan dividing Plaza Extra Assets - for comments

 

  
10/6/2014 Superior Hamed

P and Counterclaim Defendants' Motion to Compel Discovery

 

  
10/6/2014 Superior Yusuf

D Motion to Compel Discovery from Wally and Mohammad

 

 Motion and Proposed Order
10/6/2014 Superior Yusuf

D Motion to Compel Discovery from Willie, Shawn & Mafi

 

 Motion and Proposed Order

10/1/2014

 

 Superior Yusuf

D OPPOSITION TO MOTION TO SHOW CAUSE and Cross Motion

 

  
10/1/2014 Superior Plaintiff

P Notice of Service of Depos for Yusuf Sons

 

  
10/1/2014 Superior Wally Hamed

Wally Hamed - 3rd Supplemental Production re D's 5-23-2014 RFPDs

 

  

9/30/2014

 

 Superior Defendants

Defendants' Supplemental Rule 26 Disclosures

 

  
9/30/2014 Superior Defendants

D Notice of Filing Affidavits of Service

 

  
9/30/2014 Superior Defendants

Notice of Service of Defendant's Supplemental R 26 Disclosures

 

  
9/30/2014 Superior Defendants

Amended Notice of Service of Defendants' Supplemental Rule 26 Disclosures

 

  
9/30/2014 Superior Defendants

D Emergency Motion to Further Extend Scheduling Order Deadlines

 

  
9/29/2014 Superior Defendants

D Motion to Strike Jury Demand with Memo

 

  
9/29/2014 Superior Willie Hamed

Supp Prod of Docs for Waheed Hamed

 

 Notice
8/29/2014 Superior Mohammad Hamed

M Hamed Supp Rule 26 and Response to 11 15 2013 RFPDs

 

 Notice
9/26/2014 Superior Wally Hamed

Responses to additional discovery

Requests to Admit

Interrogatories

Requests for Prod of Documents

 

 Notice by Mark Eckard
8/26/2014 Superior Yusuf

D Reply to Opposition to Motion to Compel Responses to Discovery

 

 (Note: No content -- actually a request for extension)
8/26/2014 Superior Hamed

P Hameds Responses to 8-27-14 Req to Admit

 

 Notice
8/26/2014 Superior Hamed

P Hamed's Responses TO DEFENDANTS' 8-27-14 REQUESTS FOR DOCUMENTS

 

 Notice
9/26/2014 Superior Court

Order fr Judge Brady re Serving Master


  
9/25/2014 Superior Hamed

Motion for Order to Show Cause

 

  
9/24/2014 Superior Yusuf

Fathi Yusuf's Responses to Plaintiff's Requests for Admissions

 

  
9/24/2014 Superior Yusuf

Yusufs Response to Waheed Interrogatories to Yusuf

 

  
9/24/2014 Superior

United

 

Uniteds Response to Waheed Interrogatories to United

 

  
9/24/2014 Superior Hamed

Hamed request re Sur-Reply as to Rent Summary Judgment

 

  
9/24/2014 Superior Yusuf

Yusuf Response to Hamed Notice to Court re Non-Payment of Payroll & Reference to Special Master

 

  
9/24/2014 Superior Hamed

Hamed Notice to Court re Non-Payment of Payroll & Reference to Special Master

 

  
9/23/2014 Superior Hamed

Notice of deposition of Mike, Yusuf and Nejeh Yusuf for October 10-11, 2014

 

  
9/23/2014 Superior Hamed

Notice of deposition of Fathi Yusuf for October 10, 2014

 

  
9/23/2014 Superior Yusuf

Notice of depositions of Wally, Willie, Shawn and Mafi for October 8-9, 2014

 

Notice of Service

at The DeWood Law Firm, 2006 Eastern Suburbs, Suite 101, Christiansted, St. Croix, Virgin Islands, commencing at 9:00 a.m. on Wednesday, October 8, 2014
9/22/2014 Superior Hamed

Shawn Hamed 2nd Supp. Production of Documents

 

 Notice of Service
9/22/2014 Superior Hamed

Mafi Hamed 2nd Supp. Production of Documents

 

 Notice of Service
9/22/2014 Superior Hamed

Wally Hamed 2nd Supp. Production of Documents

 

 Notice of Service
9/22/2014 Superior Yusuf

Fathi Yusuf Response to Waheed Hamed RTA

 

  
9/22/2014 Superior Yusuf

Fathi Yusuf Response to Waheed Hamed RTP

 

  
9/22/2014 Superior Court

Court's Order Appointing Master (Ross) and Setting Status Conference for October 7, 2014

 

 this matter will come on for telephonic status conference on Tuesday,
October 7, 2014 at 11:30 a.m. with the Master in attendance.
09/22/2014 Superior Hamed

P's RESPONSE TO DEFENDANT FATHI YUSUF'S 9-11-14 MOTION FOR SUMMARY ORDER D¡RECTING ELECTION OF PLESSEN DIRECTORS

 

  
09/18/2014 Superior Yusuf

D Supplemental Rule 26(c) filing disclosure re counterclaims

 

 Notice of Service
09/17/2014 Superior Joint

Fee Stipulation for Master (Judge Ross)

 

  
09/15/2014 Superior Yusuf

Defendants' Reply Brief in Support of Motion for Partial Summary Judgment Regarding Rent

 

 Response to Statement of Facts, Motion to exceed page limitations, Proposed Order re page limitations
09/12/2014 Superior Fathi Yusuf

D Yusuf's Motion for Summary Order Directing Election of Plessen Directors

 

  
09/11/2014 Superior Hamed P NOTICE of additional procedural facts relevant to his pending motion for partial summary judgment for Partnership [United v. Wally Hamed] United Corporatíon has admitted all facts relevant to this motion in another pending case -- that it is not the owner of Plaza Extra Supermarkets and has no standing to sue with regard to the partnership's claims, as the Plaza Extra Stores are owned by the Yusuf/Hamed partnership. Exhibit A.
09/09/2014 Superior Joint

Stipulation as to Appointment Of Hon. Edgar Ross as Master

 

  
09/09/2014 Superior Joint

Stipulation as to Confidentiality

 

 Word Version
09/09/2014 Superior Counterclaim Defendants

Notice of Service of Discovery Responses by Shawn, Mafi and Wally Hamed and Privilege Log

 

  
09/09/2014 Superior Counterclaim Defendants

Counterclaim Defendant Wally Hamed's Supplemented Responses to Requests to Produce Documents

 

  
09/09/2014 Superior Counterclaim Defendants

Counterclaim Defendant Mafi Hamed's Supplemented Responses to Requests to Produce Documents

 

  
09/09/2014 Superior Counterclaim Defendants

Counterclaim Defendant Shawn Hamed's Supplemented Responses to Requests to Produce Documents

 

  
09/09/2014 Superior Counterclaim Defendants

Counterclaim Defendants' Opposition to Motion to Compel

 

  
09/05/2014 Superior Court

Notice to Court of Supplemental Authority - Dunston Summary Judgment decision re Willie on STT

 

 Dunston 9/2/14 Opinion - Entered 9/4/14
08/29/2014 Superior Court

Brady Decision on Special Master

 

  
08/29/2014 Superior Yusuf

D Fathi Yusufs Reply Brief in Support of Motion for Reconsideration

 

  
08/27/2014 Superior Counterclaim Defendants

Rule 26 Self Disclosure by 4 Counterclaim Defendants

 

  
08/27/2014 Superior P and Willie Hamed

Joint Reqest for Admissions to Fathi Yusuf

 

  
08/27/2014 Superior Yusuf

Yusuf's Additional Requests for Production of Documents to Mohammad Hamed

 

  
08/27/2014 Superior Yusuf

Fathi Yusuf's Requests for Admission to Mohammed Hamed

 

  
08/27/2014 Superior Yusuf

Fathi Yusuf's Interrogatories to Waleed Hamed

 

  
08/27/2014 Superior Yusuf

Fathi Yusuf's Requests for Admission to Waleed Hamed

 

  
08/27/2014 Superior Yusuf

F. Yusuf's Second Requests for Production of Documents to Waleed Hamed

 

  
08/27/2014 Superior Willie Hamed

Willie Hamed's Additional Requests for the Production of Documents to Defendants

 

  
8/25/2014 Superior Yusuf

D Fathi Yusuf's motion to Compel Discovery to Hamed Sons

 

  
8/25/2014 Superior Hamed

Plaintiff's Opposition to D's Motion for partial Summary Judgment as to Rents

 

 Counterstatement of Facts with Declaration of Wally Hamed
8/22/2014 Superior Hamed

Plaintiff's Notice of Deposition of Seaside

 

  
8/22/2014 Superior Hamed

Willie Hamed Interrogatories to United

 

  
8/22/2014 Superior Willie Hamed

Willie Hamed Interrogatories to Fathi Yusuf

 

  
8/22/2014 Superior Hamed

Willie Hamed's Notice of Deposition of Mike Yusuf

 

  
8/22/2014 Superior Hamed

Willie Hamed's Notice of Deposition of Fathi Yusuf

 

  
8/22/2014 Superior Hamed

Plaintiff's Notice of Depositions for Mike, Fathi, Nejeh and Yusuf Yusuf

 

  
8/22/2014 Superior Hamed

Plaintiff's Rquest to Admit to Fathi Yusuf

 

  
8/20/2014 Superior Willie Hamed

Willie Hamed Request for Production of Documents to Fathi Yusuf

 

  
8/20/2014 Superior Willie Hamed

Willie Hamed Requests to Admit to Fathi Yusuf

 

  
8/20/2014 Superior Court

Fifth Amended Scheduling Order

 

1. FACTUAL DISCOVERY
All factual discovery, including written discovery and fact witness depositions, shall be completed by September 30, 2014.


2. EXPERT DISCOVERY
Any expert report required pursuant to Federal Rule of Civil Procedures 26(a)(2)(B) shall·be served by the party which bears the burden of proof for that issue no later than October 20, 2014. Any parties' expert report intended to rebut any other expert report shall be provided no later than November 7, 2014. All reports shall provide the information required by Fed. R. Civ. P. 26(a)(2)(B). All expert discovery shall be
completed, and discovery shall close, no later than November 26, 2014.

3. STATUS CONFERENCE
A Status Conference shall be held ori Thursday, October 9, 2014 at 10:00 a.m., in Courtroom No. 211.


4. FINAL PRETRIAL CONFERENCE
A Final Pretrial Conference will be held on Wednesday, November 26, 2014 at 3:30 p.m., in Courtroom No. 211.


5. TRIAL DATE
Jury Selection and Trial shall take place on Monday, December 1, 2014 at 9:00 a.m., in Courtroom No. 211.

Finally, it is
ORDERED that all dates set forth in this Court's May 15, 2014, Fourth Amended Scheduling Order are VACATED.
8/19/2014 Superior Wally H

Wally Hamed Opposition to Motion for Reconsideration

 

  
8/18/2014 Superior Hamed

Hamed Response re SeaSide Subpoena and Notice of Withdrawal

 

  
8/14/2014 Superior Hamed

Hamed Opposition to Motion to Reconsider Plessen Board Resolutions Order

 

  
8/13/2014 Superior Yusuf

D Motion to Quash SeaSide Subpoenas

 

 Joinder of Seaside In Motion
8/12/2014 Superior Yusuf

D Motion for Partial Summary Judgment - Rents

 

  
8/7/2014 Superior Yusuf

Fathi Yusufs responses to Willie Hamed's:

RTA and RPD

  
8/5/2014 Superior Yusuf

D Motion for Re-Consideration re Plessen Board Meeting

 

 
8/4/2014 Superior Yusuf

D Reply to Opposition to Emergency Motion to Further Extend Discovery

 

  
8/1/2014 Superior Hamed

Expert Report of David Jackson

 

Ex. 1 - JDJ Resume

Ex. 2 - List of Documents Reviewed

Ex. 3 - John Gaffney Testimony & D Interrog responses

Ex.4 - Documents in the Crim. Case Supplied by the FBI

Ex. 5 - Plea agreement and addenda

Ex. 6 - 2004-12-16 Soluri Letter with Chart [Password]

Ex. 7 - 2004-11-15 Analysis of Fathi Yusuf Transactions at Cairo Amman Bank [Password]Non-Pw

Ex. 8 - 3 Sage50 Backups from Gaffney 7/7/14

Ex. 9 - Judge Brady findings re 2.7 million dollar withdrawal

Ex. 10 - J DiRuzzo Attorneys Fees checks

Ex. 11 - PE East_United Shop Ctr GRTs 2012-2014

Ex. 12 - 2013-2014 Insurance Documents

 
8/1/2014 Superior Hamed

Expert Report of Donovan Hamm

 

  
8/1/2014 Superior Hamed

P Notice of Service of Expert Reports

 

  
8/1/2014 Superior Hamed

P Withdrawal of Subpoenae and Re-notice of Subpoenae as to Seaside Market

 

  
7/31/2014 Superior Hamed

P Opposition to D Emergency Motion to Extend Scheduling deadlines

 

  
7/30/2014 Superior Yusuf

D Emergency Motion to Extend Scheduling deadlines

 

  
7/30/2014 Superior Hamed

Notice withdrawing Four Motions

 

Plaintiff Mohammad Hamed's Motion to Dismiss Plessen

Plaintiff Mohammad Hamed's Motion to Strike DiRuzzo
Affidavit

Willie Hamed's Motion to Dismiss Counterclaim

Wally Hamed's Motion to Dismiss Counterclaim
7/29/2014 Superior Plessen

Notice withdrawing Motion to Dismiss

and

Plessen's ANSWER

 

Moorhead

 
7/25/2014 Superior Court

Memorandum OPINION re Plessen and Lease

 

 WEST Published Version in WORD
7/23/2014 Superior Hamed

NOTICE OF SUPPLEMENTAL EXHIBIT TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE EXISTENCE OF A PARTNERSHIP

 

  

7/14/14

 

    

Enfield Green Complaint

 

PDF and Word and Lis Pendens in Word

 
7/7/14    

Dorothea Funds Complaint

 

 PDF and Word
7/7/2014 Superior Hamed

Request for Production of Documents (Willie Hamed re Ittleman Fees)

 

  
7/7/2014 Superior Hamed

Notice of Continuation of Mediation on July 14, 2014

 

  
7/5/2014 Superior Hamed

Willie Hamed Req for Admissions from Fathi Yusuf

 

  
7/5/2014 Superior Hamed

Willie Hamed Req for Prod of Docs to Fathi Yusuf

 

  
7/5/2014 Superior Hamed

Notice of Depo for Mike Yusuf for Aug 7

 

  
7/5/2014 Superior Hamed

Notice of Depo to Fathi Yusuf for Aug 8

 

  
7/3/2014 Superior Yusuf

D Response to Notice of Defendants' Non-Responsive Re Request to Stipulate to Partnership

 

  
7/3/2014 Superior Yusuf

D Opposition to Motion to Compel Defendants' Attendance at Deposition

 

  
7/3/2014 Superior Yusuf

D Rule 37.1 letter

 

  
6/26/2014 Superior Counterclaim Defendants

Response to Requests for Documents

Willie

Mafi

Wally

Shawn

 

  
6/23/2014 Superior Hamed

OPPOSITION TO DEFENDANTS' MOTION TO APPOINT JOYCE BAILEY AS MASTER

 

  
6/23/2014 Superior Hamed

NOTICE OF DEFENDANTS' NON-RESPONSE RE REQUEST TO STIPULATE TO EXISTENCE OF PARTNERSHIP

 

  
6/23/2014 Superior Hamed

PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' NEW DISSOLUTION PLAN ATTACHED TO ITS RESPONSE MEMORANDUM TO PLAINTIFF'S SURREPLY RE DISSOLUTION PLAN

 

  
6/23/2014 Superior Hamed

PLAINTIFF'S REPLY TO DEFENDANTS' OPPOSITION TO MOTION TO RECONSIDER SCHEDULING DEADL¡NES

 

  
6/23/2014 Superior Hamed

P REPLY TO DEFENDANTS' OPPOSITION TO THE APPOINTMENT OF DAVID RIDGWAY AS MASTER

 

  
6/20/2014 Superior Hamed

P Reply re Partial Summary Judgment on Statute of Limitations

 

  
6/19/2014 Superior Yusuf

Yusuf Opposition to P Motion to Appoint David Ridgeway as Master

 

  
6/19/2014 Superior Yusuf

Yusuf Motion to Appoint Joyce Bailey as Special Master

 

  
6/16/2014 Superior Hamed

P Motion to Compel D's attend depo re Counterclaims

 

  
6/16/2014 Superior Yusuf

D Reply to P Opposition re Motion to Nullify Actions of Plessen Board

 

  
6/13/2014 Superior Yusuf

D Opposition to P Motion to Reconsider Order re Discovery

 

  
6/12/2014   MEDIATION

On St. Croix

 

  
6/6/2014 Superior Hamed

P Reply to Opp on Motion for Partial Summary Judgment as to Partnership

 

  
6/6/2014 Superior Yusuf

DEFENDANT'S BRIEF IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING STATUTE OF LIMITATIONS DEFENSE

 

 With Exhibits A-F
6/2/2014 Superior Yusuf

Opposition to Motion for Partial Summary Judgment as to Existence of Partnership

 

  
6/2/2014 Superior Hamed

Motion to Appoint David Ridgeway as Master

 

  
6/2/2014 Superior Hamed

Stipulation as to Thursday, June 12th Mediation at 9:30 am

 

  
5/28/2014 Superior Hamed

Notice of Willie Hamed's Postponement of Depositions of United and Mike Hamed

 

  
5/27/2014 Superior Hamed

Motion for Reconsideration of Order Re-Opening All Fact Discovery

 

  
5/27/2014 Superior Hamed

P Opposition re Motion to Nullify Actions of Plessen Board

 

 Subsequent (6/10/14) Executed Lease Amendment
5/27/2014 Superior Hamed

P Motion for a Surreply re Proposed Dissolution Plans

 

 With attached proposed Surreply
      Outstanding Motions as of 5/27/14

Date Filed

Name of Motion / Filing

Opposition / Response

Reply
Filed

 

 

 

 

5/21/14

D Motion for 5th Scheduling Order

Due 6/9

 

5/19/14

D Motion To Nullify Plessen Enterprises, Inc.'s Board Resolutions, to Void Acts Taken Pursuant to Those Resolutions, and to Appoint Receiver

Due 6/5

 

5/19/14

Plessen's Rule 12(B)(5) Motion to Quash Service of Process, and Rule 12(B)(6) Motion, and to Dismiss Case for MiSummary Judgmentoinder

Due 6/5

 

5/13/14

P Motion for Partial Summary Judgment Based on Statute of Limitations

Due 5/30

 

5/8/14

P Renewed Mot for Partial Summary Judgment as to Existence of Partnership

5/27/14

 

4/30/14

D Fathi Yusuf's Emer. Motion to Enjoin 4/30/14 Special Meeting of Bd of D. of Counterclaim Defendant Plessen Enterprises, Inc.

4/30/14

 

4/22/14

P Renewed Motion for Bond Reduction

5/9/14

5/15/14

4/8/14

D Emergency Motion for Further Depo of Mohammad Hamed and Sanctions

4/28/14

5/7/14

4/7/14

D Motion to Appoint Master for Judicial Supervision of Partnership Winding Up or, In the Alternative, to Appoint Receiver to Wind Up Partnership

4/30/14

5/19/14

3/14/14

D Motion to Quash 4 Bank Subpoenae

3/17/14

 

3/12/14

Hoda Fathi Yusuf Motion to Intervene

3/17/14

3/27/14

3/11/14

P Motion to Strike DiRuzzo Affidavit

 

 

3/3/14

P Motion to Dismiss Plessen

4/14/14

5/1/14

2/22/14

Wally Hamed Motion to Dismiss

4/7/14

4/22/14

2/22/14

Shawn & Mafi Hamed Motion to Dismiss

4/7/14

4/22/14

2/18/14

Willie Hamed Motion to Dismiss

4/7/14

4/22/14(j)

2/14/14

D Motion to Reconsider Order of Encumb (as to S. Hamed Pledge of Plot 100)

2/26/14

3/12/14
5/21/2014 Superior Defendants

D Withdrawal of Depo Notices

 

  
5/20/2014 Superior Defendants

D Motion for 5th Scheduling order

 

  
5/19/2014 Superior Plaintiff

PLAINTIFF'S REPLY
TO DEFENDANTS' MOTION FOR TELEPHONE CONFERENCE

 

  
5/19/2014 Superior Defendants

MEMO and MOTION TO NULLIFY PLESSEN ENTERPRISES, INC.'S BOARD RESOLUTIONS, TO VOID ACTS TAKEN PURSUANT
TO THOSE RESOLUTIONS, AND TO APPOINT RECEIVER

 

 with Exhibits and proposed order
5/19/2014 Superior Defendants

Defendants’ Reply to Plaintiff’s Response to Motion to Appoint Master for Judicial Supervision of Partnership Winding Up Or, In the Alternative, To Appoint Receiver to Wind Up Partnership

 

  
5/19/2014 Superior

Plessen

 

PLESSEN'S RULE 12(b)(5) MOTION TO QUASH SERVTCE OF PROCESS, AND RULE
12(bX6) MOTION, AND TO DTSMTSS CASE FOR MISJOTNDER

 

 Filed by Plessen Counsel, Jeffrey B.C. Moorhead
5/16/2014 Superior Yusuf

D Supplemental Rule 26 Disclosure

 

 Plessen ScotiaBank Signature Card -- showing 2 signatures needed
5/16/2014 Superior Yusuf

Defendant/Counterclaimants’ Motion for Telephone Conference with the Court   

 

  
5/15/2014 Superior Court

Fourth Amended Scheduling Order

 

FOURTH AMENDED SCHEDULING ORDER


THIS MATTER is before the Court on Defendants' Emergency Motion to Further Extend Scheduling Order Deadlines as a Result of New Information ("Motion"), filed May 7, 2014.
Defendants indicate that "a proposed Fourth Amended Scheduling Order" was submitted to the Court, however no such proposed order was received, nor is the length of the extension sought set forth in Defendants' Motion. Because Defendants' Motion sets forth good cause for an
extension pursuant to Fed R. Civ. P. 16(b)(4), Defendants' Motion is granted and the discovery schedule and case deadlines are amended as follows:
1. FACTUAL DISCOVERY
All factual discovery, including written discovery and fact witness depositions, shall be completed by July 11, 2014.
Mohammad Hamed, by Waleed Hamed v. Fathi Yusuf and United Corporation; SX-12-CV-370
2. PLAINTIFF'S EXPERT REPORTS
Plaintiffs expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2), if any, shall be submitted by August 1, 2014.
3. MEDIATION
Mediation shall be completed no later than August 31, 2014.
4. DEFENDANTS' EXPERT REPORTS
Defendants' expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2), if any, shall be submitted by September 5, 2014.
5. STATUS CONFERENCE
A status conference will be held on Thursday, October 9, 2014 at 10:00 a.m., in Courtroom No. 211.
6. EXPERT DEPOSITIONS
Depositions of experts shall be completed by September 26, 2014.
7. MOTIONS
All dispositive motions shall be filed by October 03, 2014; any response to be filed 14 days thereafter; and any reply 10 days following a response.
8. FINAL PRETRIAL CONFERENCE
A Final Pretrial Conference will be held on Wednesday, November 26, 2014 at 3:30 p.m., in Courtroom No. 211.
9. TRIALDATE
Jury Selection and Trial shall take place on Monday, December 1, 2014 at 9:00 a.m. in Courtroom No. 211. Finally, it is

ORDERED that all dates set forth in the Third Amended Scheduling Order entered April 28, 2014 are VACATED.
5/15/2014 Superior Hamed

P Reply re Bond Reduction

 

  
5/13/2014 Superior Hamed

Hamed's Motion for Partial Summary Judgment based on Statute of Limitations

 

 Motion in WORD, Memorandum in WORD, Order in WORD
5/13/2014 Superior Hamed

Hamed's 9th Supplemental Rule 26

 

 Memorandum of Lease in Plessen
5/9/2014 Superior Defendants

D's Opposition to P's Renewed Motion to Reduce Bond to $25,000 on Admission of Partnership

 

  
5/8/2014 Superior Plaintiff

Hamed Renewed Motion for partial Summary Judgment as to Partnership

 

  
5/8/2014 Superior Plaintiff

8th Supp Rule 26 Disclosure by P -

 

 Plessen Docs
5/7/2014 Superior Defendants

D's Motion to further extend discovery

 

 (FBI Docs)
5/7/2014 Superior Defendants

D's REPLY re Motion for further depo of Mohammad Hamed and Sanctions

 

  
5/1/2014 Superior Plessen

Jeffrey Moorhead Entry of Appearance for Plessen

 

  
5/1/2014 Superior Hamed

REPLY TO DEFENDANTS' OPPOSITION TO MOTION TO DISMISS PLESSEN ENTERPRISES, INC.

 

  
4/30/2014 Superior Hamed

P Supp Rule 26 filing - Plessen Lease with KAC357, Inc.

 

  
4/30/2014 Superior Hamed

P'S RESPONSE TO D FATHI YUSUF'S EMER. MOTION TO ENJOINING 4/30/14 SPECIAL MEETING OF
Bd OF D. OF COUNTERCLAIM DEFENDNANT,
PLESSEN ENTERPRISES, INC.

 

  
4/30/2014 Superior Yusuf

D Motion for TRO as to Plessen Board Meeting

 

  
4/30/2014 Superior Hamed

PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO APPOINT MASTER
FOR JUDICIAL SUPERVISION OF PARTNERSHIP WINDING UP OR, IN THE
ALTERNATIVE TO APPOINT RECEIVER TO WIND UP PARTNERSHIP

 

  
4/28/2014 Served Hamed

3 Docs served on Fathi Yusuf 4/28/14 for Plessen Board Meeting

 

 1, 2 and 3
4/28/2014 Superior Hamed

P OPPOSITION TO EMERGENCY MOTION
TO REDEPOSE MOHAMMAD HAMED

 

  
4/22/2014 Superior Hamed

Motion to Reduce Bond back to $25,000 on Admission of Partnership by Defendants

 

  
4/22/2014 Superior Court

Third Amended Scheduling Order

 

 THIS MATTER is before the Court on the Joint Stipulation To Further Extend Scheduling Deadlines, filed by the Parties in this case on April 17, 2014. The premises having been considered, it is hereby ORDERED that the discovery schedule and case deadlines are further amended as follows:
1. FACTUAL DISCOVERY
All written discovery shall be completed by April 30, 2014, and all fact depositions shall be completed by June 6, 2014.
2. PLAINTIFF'S EXPERT REPORTS
Plaintiff's expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2),if any, shall be submitted by June 16, 2014.
3. MEDIATION.
Mediation shall be completed no later than July 10, 2014.
4. DEFENDANTS' EXPERT REPORTS
Defendants' expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2), if any, shall be submitted by August 1, 2014.
5. STATUS CONFERENCE
A Status Conference shall be held on Tuesday, August 5, 2014 at 2:30 p.m., in Courtroom No. 211.
6. EXPERT DEPOSITIONS
Depositions of experts shall be completed by September 15, 2014.
7. MOTIONS
All dispositive motions shall be filed by September 30, 2014.
8. FINAL PRETRIAL CONFERENCE
A Final Pretrial Conference will be held on Monday, November 24,2014 at 9:00
a.m., in Courtroom No. 211.
9. JURY SELECTION AND TRIAL
Jury Selection and Trial shall take place on Monday, December 1, 2014 at 9:00
a.m., in Courtroom No. 211. Finally, it is
ORDERED that all dates set forth in this Court's March 24, 2014, Second
Amended Scheduling Order are VACATED.
4/22/2014 Superior Wally Hamed

Reply by Wally Hamed re Motion to Dismiss

 

  
4/22/2014 Superior CC Def

Joint Reply (Willie, Shawn & Mafi) re Motions to Dismiss

 

  
4/22/2014 Superior Hamed

Joint Stip for Extension of Deposition

 

 Word Version of Motion & Word Ver of Stip
4/22/2014 Superior Hamed

Plaintiff's Motion for Reduction of Bond back to $25,000

 

 Word version of Motion -- Word Version of Order
4/17/2014       Barnard Decision re Criminal Case - Atty fees, etc.
4/14/2014 Superior United Yusuf

Oppositon to Motion to Dismiss counterclaim as to Plessen

 

  
4/8/2014 Superior United Yusuf

EMERGENCY MOTION TO FURTHER EXTEND THE DURA TI ON AL LIMIT OF
THE DEPOSITION OF MOHAMMAD HAMED AND FOR SANCTIONS

 

  
4/7/2014 Superior United Yusuf

Oppositon to Motion to Dismiss counterclaim as to Wally Hamed

 

  
4/7/2014 Superior United Yusuf

Oppositon to Motion to Dismiss counterclaim as to Willie Hamed

 

  
4/7/2014 Superior United Yusuf

Oppositon to Motion to Dismiss counterclaim as to Shawn & Mafi Hamed

 

  
4/7/2014 Superior Court

MOTION TO APPOINT MASTER FOR JUDICIAL SUPERVISION OF PARTNERSHIP
WINDING UP OR, IN THE ALTERNATIVE, TO APPOINT RECEIVER TO WIND UP
PARTNERSHIP

 

  
4/7/2014 Superior Court

Order as to Motion to Compel

 

 Password, Accounts, Bonus Pay, Wadda Charriez
4/4/2014 Superior Hamed

Rule 37 Deficiency letter re March 28th discovery responses

 

  
4/3/2014 Depo Hamed

[No Document]

30(b)(6) Deposition of Mike Yusuf as Representative of United Corporation Taken

Deposition of John Gaffney Taken

 

  
4/2/2014 Criminal Wally and Wille Hamed  

Joint (Waleed and Waheed) Filing of Notice of Payment of Taxes in Criminal Proceeding)

Come now former defendants Waheed Mohammad Hamed and Waleed Mohammad Hamed (“Waheed and Waleed Hamed”) and file this Joint Status Report.
Waheed and Waleed Hamed state as follows:
1. On November 13, 2013, the Government and United Corporation filed a Motion to schedule a sentencing hearing. Doc. No. 1385. On November 20, 2013 Waheed and Waleed Hamed filed their Response stating, inter alia, that the payment of taxes remains unresolved. Doc. No. 1386.
2. Waheed and Waleed Hamed represent to the Court that they have now fully paid the United States Virgin Islands income taxes for their 2002 through 2012 taxable years pursuant to the terms of the Plea Agreement in this matter.
3. Accordingly, Waheed and Waleed Hamed believe that the matter may now proceed to sentencing and disposition of the remaining matter of dissemination to the various party defendants of all the case documents and materials held by the United States, defense counsel, and expert witnesses.
4. As the Court is aware, the subject documentation and materials are voluminous, and counsel and the expert witnesses require the Court’s guidance and direction in the appropriate manner of dissemination. Such guidance is of particular importance in light of the ongoing civil litigation between and among the various defendants.
5. Given the volume and complexity of the materials to be disseminated, the parties request that the Court address, in its direction, payment of costs associated with such dissemination.
6. On the issue of payment, we remind the Court that, on October 9, 2013, defense counsel provided Magistrate Judge Barnard with copies of their unpaid invoices through September 19, 2012. The Court requested these invoices as it intended to issue an Order
regarding payment of such invoices. The Order has not yet been issued.
Dated: April 2, 2014
Respectfully submitted,
/s/Randall P. Andreozzi

 
4/2/2014 Depo Hamed

[No Document]

Deposition of Fathi Yusuf Taken

 

  
4/2/2014 Superior Court

SECOND AMENDED SCHEDULING ORDER

SECOND AMENDED SCHEDULING ORDER
THIS MATTER is before the court on Defendants/Counterclaimants' "Motion to Further Extend Scheduling Order Deadlines," filed February 19, 2014, and Plaintiffs Opposition thereto, filed March 3, 2014. The premises having been considered, it is hereby:


ORDERED discove1y schedule and case deadlines are amended as follows:


1. FACTUAL DISCOVERY
All factual discovery, including written discovery and fact witness depositions, shall be completed by April 30, 2014.
2. PLAINTIFF'S EXPERT REPORTS
Plaintiff S expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2), if any, shall be submitted by May 30, 2014.
3. MEDIATION.
Mediation shall be completed no later than June 15, 2014.

4. DEFENDANTS' EXPERT REPORTS
Defendants' expert disclosures pursuant to Federal Jules of Civil Procedure 26(1 )(2), if any, shall be submitted by July 15, 2014.
5. STATUS CONFERENCE
A Status Conference shall be held on Monday, July 28, 2014 at 2:30 p.m., in Comiroom No. 211.
6. EXPERT DEPOSITIONS
Depositions of experts shall be completed by August 30, 2014.
7. MOTIONS
All dispositive motions shall be filed by September 30, 2014.
8. FINAL PRETRIAL CONFERENCE
A Final Pretrial Conference will be held on Monday, November 24, 2014 at 9:00 a.m., in Comiroom No. 211.
9. JURY SELECTION AND TRIAL
Jury Selection and Trial shall take place on Monday, December 1, 2014 at 9:00 a.m., in Comiroom No. 211.

Court's email:

 

Counsel –
                The attached Order was signed last Monday (3/24/14) but not processed by the Clerk’s office before the Court was closed at midday. The Order should be entered and distributed tomorrow (4/2/14).
                I am in receipt of the Emergency Motion of today (4/1/14) concerning extending the time for deposition of plaintiff Mohammad Hamed, and the Emergency Motion for Protective Order concerning depositions set for this week. Counsel are instructed to confer to attempt to resolve discovery scheduling and related issues within the confines of the Amended Scheduling Order, giving both sides through 4/30/14 to complete factual discovery.
In the hope and expectation that all discovery issues will be amicably resolved, I will for the present defer ruling on the motion to extend the Hamed deposition time and the motion for protective order. In light of the explained circumstances, my present inclination (but not order at this time) is to extend the Hamed deposition to provide one full day (7 hours) in addition to the time that was expended in yesterday’s (3/31/14) deposition session.   

Douglas A Brady

From: Henry L. Feuerzeig [mailto:hfeuerzeig@dtflaw.com]
Sent: Tuesday, April 01, 2014 9:48 AM
To: Douglas A. Brady; Michael C. Dunston
Subject: Emergency Motion; MOHAMMAD HAMED, by his authorized agent WALEED HAMEÐ v. FATHI YUSUF and UNITED CORPORATION, Civil No. SX-12-CV-370

Good Morning,

Pursuant to my conversation this morning with Presiding Judge Dunston’s office, attached is a Motion to Continue or Extend the Durational Limit of the Deposition of Mohammad Hammed in the above captioned St. Croix case.  It is being filed now in the Superior Court on St. Thomas due to the closure of the court on St. Croix.  Judge Dunston’s office advised me to file the attached motion and email it to Judge Brady as well as to Judge Dunston. The motion involves depositions occurring on St. Croix, which began yesterday and are continuing today.

I also am attaching an EMERGENCY MOTION FOR PROTECTIVE ORDER CANCELLING DEPSITIONS, which was filed on Friday, March 28, 2014, with Clerk’s Office on St. Thomas, again, because the Court on St. Croix was closed on Friday.

Hank

Henry L. Feuerzeig, Esq.
Dudley, Topper and Feuerzeig, LLP
Law House, 1000 Frederiksberg Gade
St. Thomas, US Virgin Islands 00802-6736
Mailing:  PO Box 756
St. Thomas, US Virgin Islands 00804-0756 Direct Dial: 340.715.4443
Facsimile: 340.715.4400
Web:  www.DTFLaw.com
_________________________________________


4/1/2014 Superior Hamed

P's Opposition to Mot to Cancel Depositions

 

The putative reason for Defendants' motion is the "late" filing of a "me too" deposition notice by a new co-defendant, Waleed Hamed, for the same already agreed upon times and places. However, it is clear no such "me too" deposition notices were needed, as any party's counsel can attend and ask questions, mooting the need for these "me too" notices. Hence, the "me too" notices were hereby withdrawn by a simultaneous "Notice of
Withdrawal of Deposition Notice" with this response, mooting the motion for a protective order. As such, the motion for a protective order can be denied as moot.

 
4/1/2014 Superior Willie Hamed

Counterclaim Defendant Willie Hamed's Withdrawal of Notice of Depositions

 

  
3/31 - 4/3 Depos Yusuf

Depo of Mohammad Hamed Taken 3/31/14 - Vol. 1

Depo of Mohammad Hamed Taken 4/1/14 - Vol. 2

Depo of Mike Yusuf Taken 4/3/14

Depo of Fathi Yusuf Taken 4/2/14

Depo of Mike Yusuf Taken 4/3/14

Depo of John Gaffney Taken 4/3/14

 

--Mohamed Hamed Depo (both days) in WORD document with page and line numbers

 
3/29/2014 Superior Hamed

P HAMED'S 6th SUPPLEMENTAL RULE 26 DISCLOSURES

 

Comes now Mohammad Hamed (Hamed), by counsel, pursuant to Rule 26(a)(1) and hereby files his Sixth Supplemental Disclosures as follows:


DAMAGES: Fathi Yusuf wasted partnership assets engaging in speculative stock investments, including trading futures such as options, puts and calls. He was confronted about these activities and agreed to stop. However, despite his promises to do so, he did not stop, wasting even more partnership assets. The damages suffered by the partnership in these losses of partnership assets are in the millions of dollars, which calculations are being determined and will be supplemented.
3/28/2014 Superior United

UNITED’S RESPONSES TO P's
2nd REQUEST FOR THE PRODUCTION OF DOCUMENTS
TO DEFENDANT UNITED: 2nd SET and NOS

 

  
3/28/2014 Superior Defendants

Defendants Emergency Motion for Protective Order Cancelling Depositions

 

Proposed Order

 
3/28/2014 Superior United

United Corporation’s Responses to Plaintiff’s Second Interrogatories to Defendant United:  Second Set and Notice of Service of same.

 

  
3/27/2014 Superior Intervenors

Reply to Opposition to Motion to Intervene

 

  
3/18/2014 Superior Yusuf

Motion for Unopposed Extension to April 14th to file Opposition to Mot to Dismiss Plessen

 

  
3/18/2014 Superior Hamed

Notice of Witndrawal of 4 Bank Subpoenae

 

  
3/18/2014 Superior Hamed

Third Supplemental Rule 26 Disclosure (as to Tropical)

 

  
3/17/2014 Superior Hamed

Response to Hoda Yusuf Motion to Intervene re Plot 100

 

  
3/17/2014 Superior Hamed

Response to Yusuf Motion to Quash Subpoenae to Banks (Withdrawing Subpoenae)

 

 Four Letters to Banks replacing subpoenae -- as hand delivered with reciept stamps and attached 2 orders
3/17/2014 Superior Yusuf

Revised Subpoenae for depositions of Mohammad Hamed and Wally Hamed

 

Mohammad: Gregory H. Hodges, will take the deposition
at the DeWood Law Firm, 2006 Eastern Suburbs, Suite l0l,
commencing at l0:00 a.m. on Monday, March 3I,2014,

PLEASE TAKE NOTICE that, pursuant to Rule 26 and 30 of the Federal Rules of Civil Procedure, defendants/counterclaimants Fathi Yusuf and United Corporation, through their attorneys, Dudley, Topper and Feuerzeig, LLP, by Gregory H. Hodges, will take the deposition of Waleed Hamed, in his capacity as "authorized agent" of Mohammed Hamed, at The DeWood Law Firm, 2006 Eastern Suburbs, Suite 101, Christiansted, St. Croix, Virgin Islands, ommencing at 10:00 a.m. on Tuesday, April I , 2074, and continuing from that time until completed.
3/14/2014 Superior Yusuf

Motion to Quash Supoenae (to Banks)

 

  
3/12/2014 Superior Yusuf

Reply re Motion re Encumbrance of Shawn Hamed Property for Bond

 

 Attaching Hoda Yusuf Motion to Intervene as EX 1
3/12/2014 Superior Hoda

Hoda Yusuf Motion to Intervene re Encumbrance of Lot 100

 

  
3/11/2014 Superior Hamed

Motion and Memo to Strike DiRuzzo Affidavit

 

  
3/11/2014 Superior Hamed

Depo Notices and Subpoenae for Banco Popular, ScotiaBank, Banco Popular Securities and Merrill Lynch for 2002-2014

 

  
3/5/2014 Superior Yusuf

Motion to Enlarge to for Responding to Counterclaim Defendants' Motions to Dismiss

 

 Uncontested -- To April 7th
3/5/2014 Superior Yusuf

Reply to Opposition re Enlargement of Discovery time

 

  
3/4/2014 Superior Hamed

Depo Notices for April 2-4, 2014

1

2

3

4

 

 

PLEASE TAKE NOTICE that pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure, JOEL H. HOLT, ESQ. will take the videotaped examination FATHI YUSUF on WEDNESDAY, APRIL 2, 2014 at 9:00 a.m. at the Office of Joel H. Holt, 2132 Company Street, Christiansted, St. Croix, VI 00804 (340-773-8709).

PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, JOEL H. HOLT, ESQ. will take the oral examination of UNITED CORPORATION on THURSDAY, APRIL 3, 2014 at 9:00 a.m. by video at the office of Joel H. Holt, 2132 Company Street, Christiansted, St. Croix 00820, (340) 773-8709.

JOHN GAFFNEY on THURSDAY, APRIL 3, 2014 at 1 :00 p.m. at the Office of Joel H. Holt, 2132 Company Street, Christiansted, St. Croix, VI 00804 (340-773-8709).

FRIDAY, APRIL 4, 2014 at the Office of Joel H. Holt, 2132
Company Street, Christiansted, St. Croix, VI 00804 (340-773-8709):
Nejeh Yusuf 9:00 a.m.
Yusuf Yusuf 10:00 a.m.
Bakir Hussein 11:00 a.m.
Mahar "Mike" Yusuf 1:00 p.m.

3/3/2014 Superior Hamed

Hamed Motion to Dismiss Plessen

 

  
2/28/2014 Superior Hamed

Hamed Opposition to Defendants' Motion for Enlargement of time for discovery

 

  
2/26/2014 Superior Hamed

Hamed Opposition to Defendants' Motion for Reconsideration regarding Order of Encumbrance (Shawn Hamed Property Pledge

 

  
2/25/2014 Superior Hamed

REVISED - 5 Notices for Depositions

 

Fathi Yusuf - Wed., March 12th @ 9 a.m.

United - Thurs., March 13th @ 9 a.m.

JOHN GAFFNEY on THURSDAY, MARCH 13, 2014 at 1:00 p.m.

FRIDAY, MARCH 14, 2014 at the Office of Joel H. Holt, 2132
Company Street, Christiansted, St. Croix, VI 00804:
Nejeh Yusuf 9:00 a.m.
Yusuf Yusuf 10:00 a.m.
Bakir Hussein 11:00 a.m.
Mahar "Mike" Yusuf 1:00 p.m.

 
2/24/2014 Superior Yusuf

Reply re Defendants Objection to Pledge of Shawn Hamed Property

 

  
2/24/2014 Superior Yusuf

Notice of Deposition of Wally Hamed

 

 March 11
2/24/2014 Superior Yusuf

Notice of Deposition of Mohammad Hamed

 

 March 10
2/22/2014 Superior Shawn & Mafi Hamed

Motion to Dismiss and Memo in Support

 

 (M.Eckard) Motion
2/22/2014 Superior Shawn & Mafi Hamed

Answer

 

 (M.Eckard)
2/22/2014 Superior Wally Hamed

Motion to Dismiss and Memo in Support

 

 (M.Eckard) Motion
2/22/2014 Superior Wally Hamed

Answer

 

 (M.Eckard)
2/19/2014 Superior Yusuf

Defendants' Motion to Enlarge Time for Discovery

 

 With Proposed new dealine to June 15th for Fact Discovery
2/18/2014 Superior Hamed

Response to Objection to Posting Shawn Hamed's Property for Bond

 

  
2/18/2014 Superior Willie Hamed

Answer to First Amended Counterclaim

 

Answer in Word

 
2/18/2014 Superior Willie Hamed

Memorandum in Support of Motion to Dismiss Willie Hamed

 

MEMORANDUM in WORD

 
2/18/2014 Superior Willie Hamed

Motion to Dismiss Willie Hamed

 

Motion in WORD, Proporsed Order in Word

 
2/14/2014 Superior Yusuf

Motion to Reconsider Order of Encumbrance

 

  
2/11/2014 Superior Hamed

Reply re Motion to Compel

 

  
2/10/2014 Superior Yusuf

Opposition to Motion to Compel

 

  
2/10/2014 Superior Hamed

Supp Rule 26 Filing re 2 BIR Witnesses

 

  
2/10/2014 Superior Hamed

5 Notices for Depositions

[Re-Scheduled for

Week of March 10th]

 

UNITED CORPORATION on TUEDSAY, MARCH 11, 2014 at 9:00 a.m. by video

videotaped examination FATHI YUSUF on MONDAY, MARCH 10, 2014 at 9:00 a.m.

videotaped examination MAHAR YUSUF a/k/a MIKE YUSUF on MONDAY, MARCH 10, 2014 at 2:00 p.m.

JOHN GAFFNEY on TUESDAY, MARCH 11, 2014 at 1:00 p.m.

videotaped examination of the following persons on WEDNESDAY, MARCH 12, 2014 at the Office of Joel H. Holt
Nejeh Yusuf 9:00 a.m.
Yusuf Yusuf 10:00 a.m.
Bakir Hussein 11:00 a.m.

 
2/7/2014 Superior Court Order of Encumbrance

Plaintiff has caused certain Pledges of property to be filed with the Clerk of Court to secure the bond for the preliminary injunction, all of which were withdrawn but one plot. In order to perfect the lien on this one plot, the Court hereby directs Plaintiff's counsel to promptly record this Order of Encumbrance with the Recorder of Deeds on St. Croix in order to put on record that the following property is now encumbered by the December 5, 2013, Bond Order entered until further notice of this Court:
1. Plot 100 Estate Eliza's Retreat, owned by Hisham M. Hamed more fully described as:
Plot 100 Estate Eliza's Retreat, East End Quarter "A", consisting of
0.542 U.S. acre more or less, as shown on OLG Drawing No. 4328,
dated July 9, 1986, revised May 4, 1989.
Plaintiff's counsel shall file a notice of compliance.

 
2/5/2014

Rec

of

Deed

Kye

Walker

(Hoda)

 Notice of Lis Pendens  
2/5/2014 Superior Hamed

Motion for Posting Additional Bond

 

 Proposed Order in WORD
2/3/2014 Superior Hamed

Second Request for Production of Documents to UNITED

 

 Notice of Filing Joint with Interrogatories)
2/3/2014 Superior Hamed

Second Interrogatories to UNITED

 

 Notice of Filing Joint with RPD)
2/3/2014 Letter Holt

Letter re Additional acts of contempt

 

 Follow-Up to Jan 23rd Letter
2/3/2014 Superior Hamed

Rule 26 Supplementation

 

 To add witness
1/31/2014      

Decision in Shawn Hamed Divorce Action

 
1/30/2014 Superior Hamed

Notice of Posting of Additional Bond and Notice of Recording Court Order

 

With copies of Deeds and Checks

NOTICE OF POSTING ADDITIONAL BOND AND
NOTICE OF RECORDING COURT ORDER
The Plaintiff hereby gives notice that it has filed the following documents with the Clerk of Court regarding the posting of the remaining bond of in the amount of $513,000, as per the Court's January 15, 2014 Order:
• Pledge of unencumbered Real Property by Hisham M. Hamed, pledging Plot No. 100 Eliza's Retreat, St. Croix, Assessed Tax Value-$43,400.00. See Exhibit A.

Contains Pledge by Shawn Hamed on January 24, 2014:

PLEDGE OF REAL PROPERTY BY HISHAM M. HAMED AS SECURITY FOR BOND
REQUIRED BY DECEMBER 5, 2013, BOND ORDER
I, Hisham M. Hamed hereby pledge the unencumbered real property owned by me at Plot 100 Eliza's Retreat, St. Croix to secure in part the bond that Plaintiff needs to post pursuant to this Court's December 5, 2013, Bond Order. See Exhibit 1. I certify that the property is free and clear of all liens as per the attached Title Report. See Exhibit 2. The assessed value of the property by the tax assessor is $43,400 as per the attached Property Tax document. See Exhibit 3. I remain available to execute any
further documents this Court deems appropriate to secure the bond in part by the pledge of this property. Dated: January 24, 2014
1/28/2014 Superior Hamed

Notice of Filing of 2 Declarations re Motion to Compel

Hartmann Corrected

Shawn Hamed

 

  
1/23/2014 Letter Hamed

Holt Letter to Opp. Counsel re Additional Acts of Contempt

 

  
1/22/2014 Superior Hamed

Motion to Compel (Contempt)

 

 Also 1/24/14 Supplement re Wadda Charriez Bonus
1/16/2014 Superior Hamed

Answer to First Amended Counterclaim

 

  
1/15/2014 Superior Court

Main Order re Bond

 

ORDERED that Plaintiff shall on or before close of business January 31, 2014 file with the Clerk of the Court the balance due on the Injunction Bond in the amount of $513,000 ($1,200,000 bond amount, less $51,000 cash bond posted, less $636,000 unencumbered real property pledged) in a form consistent with this Order, and shall provide notice of the posting to Defendants.

It is further ORDERED that Defendants' Motion to Vacate is DENIED.

 
1/15/2014 Superior Court

Order Encumbering Property for Bond

 

  
1/13/2014 Superior Yusuf

Yusufs' First Amended Counterclaim

 

 Redline to Original
1/09/2014 Superior Yusuf

CORRECTED - Response to Request for Production of Documents to Fathi Yusuf

 

 Notice of Service
1/10/2014 Superior Hamed

Hamed Motion to Supplement Record re Bond

 

  
1/9/2014 Superior Yusuf

Reply to Opposition re Bond

 

  
12/27/2013 Superior Yusuf

D Yusuf's Responses to Interrogatories

 

 Notice of Service
12/23/2013 Superior Hamed

P Hamed's Answers to Interrogatories from UNITED

 

  
12/23/2013 Superior Hamed

P Hamed's Answers to Interrogatories from FATHI YUSUF

 

  
12/23/2013 Superior Hamed

P Hamed's Responses to Request for Production of Dcouments to UNITED

 

  
12/23/2013 Superior Hamed

P Hamed's Responses to Request for Production of Dcouments to FATHI YUSUF

 

  
12/23/2013 Superior Hamed

P Hamed's Notice of Sevice of Discovery Responses

 

  
12/27/2013 Superior Hamed

Reply re Motion to Reconsider - Clarify Bond Orderf

 

  
12/27/1013 Superior Hamed

Notice of Posting of Bond

 

  
12/27/2013 Superior Hamed

Notice of Filing of Bond

 

  
12/23/2013 Superior Yusuf

Yusuf Answer [to First Amended Complaint] and Counterclaims

 

  
12/23/2012 Superior Yusuf

Defendants' Opposition To Motion To Partially Reconsider

 

  
12/23/2013 Superior Hamed

Plaintiff's Opposition to Defendants' Emergency Motion to Lift TRO (for failure to post bond)

 

 Holt Revised Declaration
12/16/2013 Superior Yusuf - United

Defendants' Emergency Motion to Lift TRO (for failure to post bond)

 

  
12/13/2013 Superior Hamed

Motion and Memorandum re Reconsideration of Bond

 

With Declaration of Holt and Declaration of Wally Hamed and Exhibits

Word of Memorandum; Word of Order; Word of motion

 
12/5/2013 Superior Court

Memorandum and Order Re-Setting the PI Bond

  
12/5/2013 Superior Court

Memorandum and Order Denying Motion to Dismiss

  
12/5/2013 Superior Court

Memorandum and Order Denying Partial Summary Judgment

  
12/5/2013 Superior Court

Memorandum as to Revised Scheduling Order

 

  
12/5/2013 Superior Court

Revised Scheduling Order

 

1. RULE 26 DISCLOSURES
Disclosures, pursuant to Fed. R. Civ. P 26(a)(i), should have been completed by August
1, 2013, which date is not extended.
2. FACTUAL DISCOVERY
All factual discovery, including written discovery and fact witness depositions, shall be
completed by March 15, 2014.
3. PLAINTIFF'S EXPERT REPORTS
Plaintiffs expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2), if
any, shall be submitted by April 15, 2014.
4. MEDIATION
Mediation shall be completed no later than April 30, 2014.
5. DEFENDANTS' EXPERT REPORTS
Defendants' expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2), if
any, shall be submitted by May 31, 2014.
Amended Scheduling Order
Hamedv. Yusuf. et al., SX-12-CV-370
Page 2 of2
6. STATUS CONFERENCE
A status conference will be held on Friday, June 20, 2014 at 9:00 a.m., in Courtroom
No. 211.
7. EXPERT DEPOSITIONS
Depositions of experts shall be completed by July 15, 2014.
8. MOTIONS
All dispositive motions shall be filed by August 15, 2014.
9. FINAL PRETRIAL CONFERENCE
A Final Pretrial Conference will be held on Wednesday, October 8, 2014 at 3:30 p.m.,
in Courtroom No. 211.
10. TRIAL DATE
Trial date will be set during the October, November, or December, 2014 trial periods.
All dates set forth in the Scheduling Order dated August 15, 2013 are VACATED.
DONE and so Ordered this <day of December, 2013
12/3/2013 Superior Hamed

Plaintiff Hamed's Response to Emergency Motion to Extend Scheduling Deadlines

 

  
11/27/2013 Superior Yusuf

Defendants’ Emergency Motion to Extend Scheduling Order Deadlines

and Proposed Amended Scheduling Order

 

  
11/20/2013 Superior Hamed

P's Reply as to Motion to Reduce Bond

 

  
11/18/2013 Superior Hamed

P's Opposition to Motion to Vacate Bond

 

  
11/18/2013 Superior Hamed

P's Reply as to Atty fees on Appeal

 

  
11/15/2013 Superior

Yusuf

 

 D's Objection to Bill of Costs  
11/15/2013 Superior

Yusuf

 

 D's Memorandum in Support of Motion to Lift TRO Proposed Order
11/15/2013 Superior

Yusuf

 

 D's Motion to lift TRO  
11/15/2013 Superior

Yusuf

 

 D's Opposition to Motion to Reduce Bond  
11/15/2013 Superior

Yusuf

 

 Fathi Yusuf Req. for Prod. of Docs to Hamed  
11/15/2013 Superior

Yusuf

 

 Fathi Yusuf Interrogs to Hame  
11/15/2013 Superior

Yusuf

 

 United Req. for Prod of Docs to Hamed  
11/15/2013 Superior

Yusuf

 

 United Interrogs to Hamed  
11/15/2013 Superior

Hamed

 

 Hamed Interrogatories to Fathi Yusuf

Word Verison

Exhibit A

NOF
11/15/2013 Superior

Hamed

 

 Hamed Requests for Productiion of Documents to Fathi Yusuf

Word Version

Exhibit 1

 
10/24/2013 Supreme Court

Mandate issued

 

  
10/23/2013 Superior Hamed

Motion for Fees - in Superior Court

 

 Refiling of Motion from Supreme Court
10/17/2013 Superior Hamed

Motion for Reduction of Bond

 

  
10/15/2013 Supreme Court

Order Remanding Fee Motion to Superior Court

 

 Denied without Prejudice
10/15/2013 Supreme Hamed

Motion for Fees

 

 With Holt and Hartmann Declarations
9/30/2013 Supreme Court

Opinion on PI

 

West Publishing Verion in WORD

West Publishing in PDF

 
9/27/2013 Superior Yusuf

Reply re Motion to Withdraw Rents

 

  
9/27/2013   Hamed

Meet and Confer Letter from Holt to Defendants re Insufficient Discovery Responses

 

 Letter
9/26/2013 09-26 Hamed

Plaintiff Hamed's Reply to Defendants' Opposition to Motion for Partial Summary Judgment

 

 WORD version
9/26/2013 09-26 Hamed

Plaintiff Hamed's Response to Counterstatement of Facts re Sommary Judgment

 

 Submitted with Plaintiff's REPLY. WORD Version
9/16/2013 09-16 Hamed

Plaintiff's Opposition in Response to Motion to Withdraw Rent

 

  
9/16/2013 09-16 Yusuf

Defendants' Opposition to Motion for Partial Summary Judgment

Counterstatements of Fact

And 2 Supporting Affidavits

 

 Bookmarked
9/9/2013 09-09 Yusuf

Defendants' Motions and Memorandum for Withdrawal of "Rent"

 

  
8/19/2013 08-19 Yusuf

Defendants' Responses to Requests for Production of Documents

 

 With Notice of Service appended at end
8/19/2013 08-19 Yusuf

Defendants' Answers to Interrogatories

 

 With Notice of Service appended at end
8/15/2013 08-15 Court

Scheduling Order

 

SCHEDULING ORDER
The Parties having submitted a Joint Proposed Scheduling Order, it is hereby Ordered that the discovery schedule contained in the Joint Proposed Scheduling Order is approved and adopted as follows:


1. RULE 26 DISCLOSURES
The parties shall serve disclosures, pursuant to Fed. R. Civ. P 26(a)(i), by August 1, 2013.

2. FACTUAL DISCOVERY
All factual discovery, including written discovery and fact witness depositions, shall be completed by December 15, 2013.

2. PLAINTIFF'S EXPERT REPORTS
Plaintiff's expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2), if any, shall be submitted by January 15, 2014.

STATUS CONFERENCE. February 10, 2014 at 3:30 pm.

3. DEFENDANT'S EXPERT REPORTS
Defendant's expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2), if any, shall be submitted by February 28, 2014.

4. EXPERT DEPOSITIONS
Depositions of experts shall be completed by April 15, 2014.


5. MEDIATION
Mediation shall be completed not later than January 31, 2014.

All dispositive motions shall be filed by May 15, 2014.

 
08/07/2013 S.Ct. Court

Order - Denying Motion to Strike Affidavit of Wally Hamed

 

THIS MATTER is before the Court on Appellants' July 5, 2013 Motion to Strike Waleed Hamed's June 27, 2013 Declaration and Appellee's July 8, 2013 Opposition. Hamed submitted his Declaration in support of his Opposition to Appellants' Renewed Motion to Stay the Superior Court's Preliminary Injunction pending this appeal. As Appellee states, a motion to stay requires an affidavit where the facts are in dispute. See V.I.S.CT.R. 8(b). Appellants cite no Virgin Islands Supreme Court Rule to the contrary. See V.l.S.CT.R. 2l(a) (''The motion shall contain or be accompanied by any matter required by a specific provision of these Rules governing such a motion[.]" Accordingly, the premises considered, it is hereby
ORDERED that Appellants' Motion to Strike Waleed Hamed's June 27, 2013 Declaration is DENIED;

 
07/18/2013 7-18 Hamed

Response to Mot to Expedite Resolution of Mot to dismiss

 

 Holt agrees to allowing it to be decided.
7/17/2013 7-17 Yusuf

Motion - Defendants for Expedited Resolution of Mot to Dismiss

 

 Defendants Motion for Expedited Resolution of Mot to Dismiss
7/16/2013 07-16 Hamed

Rule 26 Disclosures for Plaintiff

 

 Sent with CD containing 344 documents and list of docs -- plus listing the Plaintiff's Exhibits from the PI Hearing plus post-hearing supplements LIST of Doouments
7/16/2013 Crim COURT

Transcript in Criminal Sentencing Hearing before Judge Lewis

 

 

 WORD Version
7/16/2013 07-16 Hamed Email with Proposed Scheduling Order

From: Joel Holt, Sent: Tuesday, July 16, 2013 9:04 AM
To: jdiruzzo@fuerstlaw.com; dewoodlaw@gmail.com; cdavid@fuerstlaw.com
Cc: carl@carlhartmann.com; kimjapinga@gmail.com
Subject: Scheduling Order
Attachments: 20130716082314.pdf; 20130716090154.pdf


As per the Court's directive, can you please respond to my suggested scheduling order? The Plaintiff's Initial Rule 26 Self Disclosures are attached. The originals are being served with the referenced disc. Thanks Holt
7/15/2013 07-15 Court

Order - Granting Motion for Further Clarification

 

 Banco Popular "profits" account is frozen.
7/12/2013 07-12 Hamed

Motion for Further Clarification

 

 Seeking Order to clarify that Banco Popular "profits" account is frozen.
7/9/2013 S.Ct. Court Scheduling Order

THE PREMISES considered, and in keeping with this Court's Order entered on April 25, 2013 which granted Defendants time to engage in discovery to enable them to present facts essential to justify their opposition to Plaintiffs Motion for Partial Summary Judgment, it is hereby

ORDERED that Defendants shall complete the necessary discovery and respond to Plaintiffs Motion for Partial Summary Judgment no later than September 16, 2013; and

ORDERED that Plaintiff shall file his reply to Defendants' response to Plaintiffs Motion for Partial Summary Judgment on or before September 30, 2013. It is further

ORDERED that Counsel for all Parties shall confer pursuant to Fed. R. Civ. P. 26(f) and shall be jointly responsible to submit a written report on or before August 16, 2013 outlining the proposed discovery plan developed by the Parties. Finally, it is

ORDERED that a copy of this Order be served upon all the Parties, FORTHWITH. DATED: July _J ,2013.
7/9/2013 S,Ct. All Oral Argument

St. Thomas 10 a.m. Video

And PDF of Transcript

 
7/8/2013 S.Ct Hamed

Plaintiff Hamed's Opposition to D's Motion to Strike the Affidavit of Wally Hamed

 

 With Declar of Joel Holt as Ex 1
7/08/2013 S.Ct. Hamed

Appellee' Opposition to Appellant's Rule 17 Motion filed by Joel H. Holt, Esq.

 

Appellee' Opposition to Appellant's Rule 17 Motion filed by Joel H. Holt, Esq.

 
7/6/2013 S.Ct. Yusuf

Appellant's Amended Motion for an Enlargement of time to e file their Reply Brief filed by Joseph A. DiRuzzo, Esq.

 

Appellant's Amended Motion for an Enlargement of time to file their Reply Brief filed by Joseph A. DiRuzzo, Esq.

 
7/6/2013 S.Ct. Yusuf

Appellant's Motion for Leave to file an Over-Length Reply Brief filed by Joseph A. DiRuzzo

 

Appellant's Motion for Leave to file an Over-Length Reply Brief filed by Joseph A. DiRuzzo

 
7/6/2013 S.Ct. Yusuf

Appellant's Reply Brief filed Joseph A. DiRuzzo, Esq.

 

Appellant's Reply Brief filed Joseph A. DiRuzzo, Esq.

 
07/05/2013 S.Ct. Yusuf

Appellant's Motion for a two hour extension of time to file their Reply Brief filed by Joseph A. DiRuzzo, Esq.

 

Appellant's Motion for a two hour extension of time to file their Reply Brief filed by Joseph A. DiRuzzo, Esq.

 
07/05/2013 S.Ct. Yusuf

Reply to Appellee's Opposition to Appellant's Renewed Motion to Stay Preliminary Injunction Order Pending Expedited Appeal filed by Joesph A. DiRuzzo, Esq.

 

Reply to Appellee's Opposition to Appellant's Renewed Motion to Stay Preliminary Injunction Order Pending Expedited Appeal filed by Joesph A. DiRuzzo, Esq.

 
07/05/2013 S.Ct. Yusuf

Appellant's Motion to file Supplemental Appendix filed Joseph A. DiRuzzo, Esq.

 

Appellant's Motion to file Supplemental Appendix filed Joseph A. DiRuzzo, Esq.

 
07/05/2013 S.Ct.  

Supplemental Appendix Vol. I filed by Joseph A. DiRuzzo, Esq.

 

Supplemental Appendix Vol. I filed by Joseph A. DiRuzzo, Esq.

 
07/05/2013 S.Ct. Yusuf

Appellants' Motion to Strike June 27, 2013 Declaration of Waleed Hamed filed by Joseph A. DiRuzzo, Esq.

 

Appellants' Motion to Strike June 27, 2013 Declaration of Waleed Hamed filed by Joseph A. DiRuzzo, Esq.

 
7/3/2013 S.Ct. Yusuf

Appellant's Motion to Strike Self-Appointed Representative for lack of standing filed by Joseph A. DiRuzzo, Esq.

 

Appellant's Motion to Strike Self-Appointed Representative for lack of standing filed by Joseph A. DiRuzzo, Esq.

 
6/27/2013 S.Ct. Hamed

Notice of Filing (7) copies of the Opposition's Brief filed by Joel H. Holt, Esq.

 

Notice of Filing (7) copies of the Opposition's Brief filed by Joel H. Holt, Esq.

 
         
2013-06-27 Sup.Ct Hamed Appellee's Brief In Opposition

Appellee's Brief In Opposition

WORD Version -- Also Word Version of Cover and Tables

 
2013-06-27 Sup.Ct Hamed Opposition to Motion to Stay PI Pending Appeal Opposition to Motion to Stay PI Pending Appeal
06/25/2013 Sup.Ct Court Order - Requiring Expedited filing of Hamed Opp to Motion to Stay Order - Requiring Expedited filing of Hamed Opp to Motion to Stay
06/24/2013 Sup.Ct Yusuf Renewed Motion to Stay Injunction Renewed Motion to Stay Injunction
06/21/2013 IRB IRB Two Letters confirming all taxes paid for Hamed 1997-2001 and 2002-2010 Two Letters confirming all taxes paid for Hamed 1997-2001 and 2002-2010
06/19/2013 Sup.Ct Court Order Granting Hamed Overlength Brief Order Granting Hamed Overlength Brief
06/18/2013 Sup.Ct Hamed Hamed Motion to be allowed to file Overlength Brief Hamed Motion to be allowed to file Overlength Brief
06/13/2013 SupCt Yusuf Appellant's Brief

35 Page Brief (DiRuzzo)

Same as Word file in Arial 12 pt
06/13/2013

SupCt

SupCt

SupCt

SupCt

SupCt

 Yusuf

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendiz 5
VOL I
Notice of Appeal JA-001
Order granting Preliminary Injunction, dated April 25, 2013 JA-003
Precedential Memorandum Opinion, dated April 25, 2013 JA-005
Superior Court Docket Sheet, as of June 10, 2013 JA-028
Complaint, dated September 17, 2012 JA-041
Motion for a Temporary Restraining Order and/or Preliminary Injunction, dated September 18, 2012 JA-082
Memorandum of Law in Support of Motion for a Temporary Restraining Order and/or Preliminary Injunction, dated September 18, 2012 JA-083
Defendants’ Motion to Proceed on Plaintiff’s Motion for a Temporary Restraining Order and/or Preliminary Injunction as a Motion for Preliminary Injunction and for Enlargement of Time to Respond to Same, dated September 28, 2012 JA-140
Notice of Removal, dated October 4, 2012 JA-143
Defendants’ Response in Opposition to Motion for a Temporary Restraining Order and/or Preliminary Injunction, dated October 10, 2012 JA-155
First Amended Complaint (with exhibits), dated October 19, 2012 JA-176
Plaintiff’s Reply to Defendants’ Opposition to Plaintiff’s Motion for a Temporary Restraining Order and/or a Preliminary Injunction, dated October 22, 2012 JA-233
Plaintiff’s Supplementation of TRO Motion (with exhibit), dated November 5, 2012 JA-254
Memorandum of Law in Support of Defendants’ Renewed Motion to Dismiss, Motion for a More Definite Statement, and Motion to Strike Exhibits “B” through “D” of the Amended Complaint, dated November 5, 2012 JA-258
Order granting motion for remand, dated November 16, 2012 JA-284
Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Rule 12 Motion, dated December 13, 2012 JA-286
Plaintiff’s Emergency Motion and Memorandum to Renew Application for TRO, dated January 9, 2013 JA-301
Defendants’ Response in Opposition to Plaintiff’s Renewed TRO Application, dated January 24, 2013 JA-312
VOL II
Transcript of January 25, 2013, Hearing JA-333
Transcript of January 31, 2013, Hearing JA-663
VOL III
Evidentiary Hearing Exhibits:
Plaintiff Exhibit (“PX”) 1 (Deposition Transcript) JA-816
PX 1-A (Depo. Transcript excerpts) JA-912
PX 2 (Memorandum of Law in Support of Defendants’ Renewed Motion to Dismiss, Motion for a More Definite Statement, and Motion to Strike Exhibits “B” through “D” of the Amended Complaint, dated November 5, 2012) JA-924
PX 3 (Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Rule 12 Motion, dated December 13, 2012) JA-962
PX 4 (Complaint) JA-975
PX 5 (Mohammad Hamed affidavit) JA-985
PX 6 (Waleed Hamed affidavit) JA-987
PX 7 (Rent Documents) JA-992
PX 8 (Rent Calculation) JA-1006
PX 9 (Check for $5.4M)(redacted) JA-1022
PX 10 (Email from N. DeWood to Waleed Hamed)  JA-1023
PX 11 (Dissolution Letter) JA-1024
PX 12 (Email from N. DeWood to Waleed Hamed with proposed Partnership Dissolution Agreement) JA-1025
PX 13 (Notice of Withdrawal re: $2.7M) JA-1034
PX 14 (Waheed Hamed letter re: Controllers/Accountants) JA-1039
VOL IV
Evidentiary Hearing Exhibits:
Defendants Exhibit (“DX”) 1 (Check to Waleed Hamed)(redacted) JA-1082
DX 2 (Plea Agreement) JA-1093
DX 3 (Plea Agreement Addendum) JA-1113
DX 4 (Closing Agreement) JA-1121
DX 5 (Transcript in Criminal Case) JA-1130
DX 6 (Pictures of Plaza Extra St. Croix East) JA-1143
DX 7 (United Corporation Articles of Incorporation) JA-1154
DX 8 (Tutu Park Lease) JA-1162
DX 9 (Banco Popular Portfolio Summary) JA-1261
DX 10 (Scotia Bank Access List) JA-1262
DX 11 (Pictures of Plaza Extra St. Croix West) JA-1263
DX 12 (Accounts Payable Aging Report) JA-1267
DX 13 (Time Card Report of Wadda Charriez, et al.) JA-1292
DX 14 (Wadda Charriez Time Card Report and Close-Circuit Video Pictures) JA-1404
DX 15 (Plaza Extra Employee Rules and Regulations, Executed by Wadda Charriez) JA-1472
VOL V
Notice of Filing Supplement Deposition Exhibits (with Exhibits), dated February 19, 2013 JA-1486
Plaintiff’s Second Request to Take Judicial Notice and Request to Supplement the Hearing Record (with attachments), dated February 19, 2013 JA-1505
Defendants’ Proposed Findings of Fact and Conclusions of Law Relating to Plaintiff’s TRO/Preliminary Injunction Application, dated March 4, 2013 JA-1523
Notice of Service of Plaintiff’s Proposed Findings of Fact and Conclusions of Law (with attachment), dated March 5, 2013 JA-1584
Defendants’ Notice of Filing Criminal Indictment (with attachment), dated March 4, 2013 JA-1609
Defendants’ Response in Opposition to Plaintiff’s Second Motion to Take Judicial Notice and Request to Supplement the Hearing Record, dated March 4, 2013 JA-1659
Reply to Defendants’ Opposition to Plaintiff’s Motion to Supplement the Record and Second Request to Take Judicial Notice, dated March 5, 2013 JA-1662
Notice of Supplementation of the Preliminary Injunction Record (with exhibit), dated March 18, 2013 JA-1671
Defendants’ Response in Opposition to Plaintiff’s Notice of Supplement the Preliminary Injunction Record, dated April 1, 2013 JA-1676
Reply to Opposition to Plaintiff’s Notice of Supplementation of the Preliminary Injunction Record (with exhibit), dated April 4, 2013 JA-1678
Notice of Supplementation of the Preliminary Injunction Record (with exhibit), dated April 8, 2013 JA-1681
Plaintiff’s Motion to Supplement the Record (with exhibits), dated April 23, 2013 JA-1684
Exhibit A (Complaint – Yusuf v. Waleed Hamed, et al., (verified shareholder derivate complaint) JA-1836
Exhibit B (Notice of Deposition Funds in Escrow with the Clerk of the Superior Court)(redacted) JA-1881
Defendants’ Motion to Clarify Scope of Preliminary Injunction as to United’s Financial Statements & Unrestricted Access to United’s Financial Systems, dated May 16, 2013 JA-1886
Memorandum of Law in Support of Defendants’ Motion to Clarify Scope of Preliminary Injunction as to United’s Financial Statements & Unrestricted Access to United’s Financial Systems (with exhibits), dated May 16, 2013 JA-1888
Opposition to Motion to Reconsider and Modify Preliminary Injunction to Terminate Employees Mufeed Hamed, Waleed Hamed and Wadda Charriez, dated May 16, 2013 JA-1923
Plaintiff’s Opposition to Defendants’ Emergency Motion to Reconsider the Preliminary Bond, dated May 16, 2013 JA-1933
Opposition to Defendants’ Emergency Motion to Stay Preliminary Injunction, dated May 16, 2013 JA-1949
Notice of Supplementation of Record re: Motions Filed After the Preliminary Injunction was Entered (with exhibits), dated May 24, 2013 JA-1963
Order Denying Bond Modification, dated May 31, 2013 JA-1969
Order (denying, inter alia, motion to stay), dated May 31, 2013 JA-1971
Second Notice of Supplementation of Record re: Motions Filed After the Preliminary Injunction was Entered (with exhibits), dated June 10, 2013 JA-1973
06/12/2013 06-12 Court Order Denying Motion to Intervene Judge Brady
06/10/2013 SupCt Court Order - Setting Oral Arg for Tuesday, July 9, 2013

ORDER SETTING CALENDAR OF CASES FOR CONSIDERATION AND
FOR ORAL ARGUMENT


The Supreme Court will convene in its Sixth Session of its 2013 Term on Tuesday, July 9, 2013. Unless otherwise noted, the Honorable RHYS S. HODGE, Chief Justice, the Honorable MARIAM. CABRET, Associate Justice, and the Honorable IVE ARLINGTON SWAN, Associate Justice, will comprise the panel scheduled July 9, 2013.

 
06/10/2013 SupCt Court ORDER - Granting Motion to file excessive pages (35)

Order Granting Appellant's Motion for leave to file an over-length Brief

 
06/09/2013 SupCt Yusuf Motion to file excessive pages (35)

Appellant's Motion for leave to file an over-length Brief fied by Joseph A. DiRuzzo, Esq.

 
05/31/2013 05-31 Court

Order - Denying Bond, and Stay Motions and Granting Clarification (Brady)

 

 Order - Denying Bond, and Stay Motions and Granting Clarification with regard to financials and access (Brady)
5/31/2013 05-31 Court

Order Regarding

Mutual Access to Accounting

and

emergemcy Motion to Stay Prelim Injunction

 

 THIS MATTER is before the Court on "Defendants' Emergency Motion to Stay Preliminary
Injunction Order," filed on May 9, 2013, and Plaintiffs Opposition thereto filed on May 16, 2013.
Also before the Court is "Defendants' Motion to Clarify Scope of Preliminary Injunction as to
United's Financial Statements & Unrestricted Access to United's Financial Systems," filed on May
16, 2013, and Plaintiffs Opposition thereto which was filed on May 20, 2013.
Defendants' Emergency Motion to Stay alleges that the Court's Order "drastically changes
the status quo and threatens the very existence of Plaza Extra Supermarkets, and at the saine time
compromises United Corporation as a de Jure entity." Although unsupported by any evidence,
Defendants allege "an untenable situation which will eventually cause the stores to grind to a halt ... "
Yet, this Court's Order entered on April 25, 2013 specifically required that the status quo of the
business operations be maintained:
"ORDERED that the operations of the three Plaza Extra
Supermarkets continue as they have throughout the years prior to the
commencement of this litigation ... "
Defendants' subsequent Motion to Clarify seeks an order to provide guidance to "deadlocked
management" concerning compliance with the Court's Order. Plaintiffs Opposition concurs with
the substance of Defendants' proposed order. In light of the foregoing, it is hereby
ORDERED that Defendants' Emergency Motion to Stay Preliminary Injunction Order is
DENIED. It is further
ORDERED that Defendants' Motion to Clarify Scope of Preliminary Injunction as to
United' s Financial Statements & Unrestricted Access to United' s Financial Systems is GRANTED;
ORDERED that Defendant United Corporation shall provide revised financial statements
for the three Plaza Extra Supermarket stores only within 30 days of the date of this Order;
ORDERED that said financial statements for the three Plaza Extra Supermarket stores shall
be used for internal purposes only, and may not be disseminated to any third parties (excepting legal,
accounting and tax advisors of the Parties) without the written consent of the other Party; and
ORDERED that only mutual access of all sensitive financial data, records and financial
statements shall be permitted according to a process to be determined by the Parties. Finally, it is
ORDERED that a copy of this Order be served on the Parties, FORTHWITH.
05/31/2013 SupCt Court ORDER - Granting Expedited Appeal and Setting Briefing Schedule

ORDERED that Appellants' Motion for Expedited Appeal is GRANTED; and it is further
ORDERED that the Clerk of the Superior Court shall immediately e-file the record in this matter; and it is further
ORDERED that, in order to implement the procedures provided in V.l.S.CT.R. lO(d) and 24(b ), as applicable, the parties shall immediately meet and confer regarding the record necessary to a full consideration of this appeal; and it is further ORDERED that the following shall constitute the expedited briefing schedule:
1. Appellants' brief and joint appendix shall be served and filed on or before June 13, 2013.
2. Appellee's brief shall be served and filed on or before June 27, 2013.
3. Appellant's reply brief; if any, shall be served and filed on or before July 5, 2013.


Pursuant to Supreme Court Rule 40.2 all briefs, appendices and other documents filed by a member of the Virgin Islands Bar must be electronically filed and served. Pursuant to Supreme
Court Rule 40.3(g) a party who electronically files a brief or appendix must conventionally file seven (7) paper copies of the brief and four (4) paper copies of the appendix within three (3) days after e-filing said documents.

It is the duty of the parties in the first instance to cooperate in filing one (1) Joint Appendix on appeal. The Court may permit, upon timely motion, the filing of separate appendices upon certification with supporting documents that a given party is not cooperating pursuant to V.l.S.CT.R. 24.

Proof of service must accompany all documents submitted or filing with the Court pursuant to V.I.S.CT.R. 15(c). The Court may reject a filing that does not include the required proof of service.

Requests for extensions of time for filing briefs will not be routinely granted. Extensions of time will be granted only if the movant can demonstrate exigent and compelling circumstances. Motions for extensions of time which are filed less than five working days before the date on which the brief is due ay result in dismissal pursuant to V.l.S.CT.R. 17.

If the Appellants fail to file a brief; the Appellee may move for dismissal of the appeal or the Clerk may dismiss the appeal for failure to prosecute pursuant to V.l.S.CT.R. 25(c).

 
05/31/2013 SupCt Court

Notice of Entry of Order

 

Please take notice that on May 31, 2013, a(n) ORDER dated May 31, 2013, was entered by the Clerk in the above -entitled matter.

TO: Justices of the Supreme Court, Honorable Douglas A. Brady, Superior Court Judge, Joseph A. DiRuzzo, III, Esq., Joel H. Holt, Esq., Carl J. Hartmann, III, Esq., K. Glenda Cameron, Esq., Veronica J. Handy, Esq., Clerk of the Supreme Court, Venetia H. Velazquez, Esq., Clerk of the Superior Court, Supreme Court Law Clerks, Supreme Court Secretaries
Order Book

 
05/31/2013 SupCt Court

Denial of Motion to Stay without Prejudice

 

THIS MATTER is before the Court on Appellants' Motion to Stay Preliminary Injunction Order Pending Appeal, filed on May 28, 2013. Before the Court will consider a request to stay an order of the Superior Court, a party must show that "the application to the Superior Court for the relief sought is not practicable, or that the Superior Court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the Superior Court for its action." V.I.S.CT.R. 8(b). On May 9, 2013 Appellants filed the following motions with the Superior Court: a Motion to Reconsider and to Modify Preliminary Injunction to Terminate Employees; an Emergency Motion to Stay Preliminary Injunction Order and an Emergency Motion for Reconsideration of Preliminary Injunction Order and for Stay of Same Pending Posting of Adequate Bond. Appellants state that these motions are now fully briefed. Therefore the Court will deny this motion, without prejudice, because Appellants have already requested a stay from the Superior Court and have not shown that the Superior Court denied their requested relief. Accordingly, the premises considered, it is hereby ORDERED that Appellants' Motion to Stay Preliminary Injunction Order Pending Appeal is DENIED WITHOUT PREJUDICE; and it is further
ORDERED that copies of this Order shall be issued to the parties SO ORDERED this 31st day of May, 2013.

 
05/29/2013 SupCt Hamed

Response to Motion to Expedite

 

 "There is no need to respond to the specific points in the Appellants’ Motion To Expedite, which contains several erroneous statements, as the Appellee fully agrees that this matter should be expedited."
05/28/2013 SupCt Yusuf

Motion for Stay pending Appeal

 

APPELLANTS’ MOTION TO STAY PRELIMINARY INJUNCTION ORDER PENDING APPEAL

Appellants/Defendants Fathi Yusuf and United Corporation hereby jointly move for a temporary stay of the Superior Court’s April 25, 2013, Preliminary Injunction Order pending this Honorable Court’s review of the order.

 
05/28/2013 SupCt Yusuf

Motion for Expedited Appeal

 

COME NOW Appellants/Defendants FATHI YUSUF and UNITED CORPORATION,
by and through undersigned counsel, pursuant to VISCR 6(b) and 5(e) and this Court’s May 22,
2013 Order, and hereby move for an expedited review of the interlocutory appeal filed on May 13, 2013. In support of this motion for expedited review, the Appellants/Defendants state as follows:

 
05/24/2013 05-24 Hamed

Notice Supplementing the Record Post PI

 

 Notice Supplementing the Record Post PI (Holt)
05/22/2013 05-22 SupCt Order - Requiring filing of Motion for Expedited Appeal

This MATTER is before the Court on Appellants'  and Appellee's responses to the Court's May 15, 2013 Order requiring Appellants, and allowing Appellee, to discuss the Court's jurisdiction  over an appeal of the "Order dated April 25, 2013, granting Plaintiff's emergency motion to renew application for TRO[.]"  In their responses, the parties agree that the April 25, 2013 order is actually a preliminary  injunction,  as opposed to  a temporary restraining order. Appellants  have  also provided  a copy of the memorandum  opinion  accompanying  the order appealed,  which  confirms  that  the  April  25,  2013  Order  grants  a  preliminary  injunction. Therefore, the Court  appears to have jurisdiction  over this matter purswmt  to title 4, section 33(b)(l)  of  the  Virgin  Islands  Code.1      Furthermore,  since  interlocutory  appeals  "shall  be diligently prosecuted," Appellants must file a motion for an expedited appeal. See V.l.S.CT.R.

 
  Summ    

Defendants' 5 Motions and Plaintiff's Oppositions

 
05/20/2013 05-20 Hamed Opposition to Motion to Clarify PI

Opposition to Motion to Clarify PI (Holt)

 

05/16/2013

05/17/2013

 05-16

Hamed

and Yusuf

 Letter Response by Both Plaintiff and Defendant to Clerk of Sup. Ct re Jurisdiction Letter Response by Plaintiff and Defendant to Clerk of Sup. Ct re Jurisdiction
05/16/2013 05-16 Hamed

Opposition as to Motion to Stay

 

 Opposition (Holt) 1 of 4 filed on 5/16/2013
05/16/2013 05-16 Hamed

Opposition as to Bond

 

 Opposition (Holt) 2 of 4 filed on 5/16/2013
05/16/2013 05-16 Hamed

Opposition as to Termination of Employees

 

 Opposition (Holt) 3 of 4 filed on 5/16/2013
05/16/2013 05-16 Hamed

Reply as to Motion of Intervenors for determination

 

 Opposition (Holt) 4 of 4 filed on 5/16/2013
05/16/2013 05-16 Clerk

Certified Docket transmitted to Supreme Court

 

 Docket with attachements filed as part of Notice of Appeal
05/16/2013 05-16 Yusuf

Motion to Clarify PI with Memorandum

 

 (DeWood) Re Passwords and accounting records
05/15/2013 SupCt Court Order setting 14 day Briefing

14 Day Order of the Court signed by Chief Justice Rhys. S. Hodge. ORDERED that, within fourteen (14) days of the date of entry of this Order, Appellant SHALL FILE a brief, which may be in letter form, specifically addressing and discussing the issue of whether this Court has appellate jurisdiction over this appeal (Rhys Hodge)

 
05/13/2013 SupCt Yusuf D's Notice of Appeal

Defendants' Notice of Appeal to the VI Supreme Court (DiRuzzo)

 
05/09/2013 05-09 Interven

Intervenors' Motion to Renew Intervention and to Stay

 

 Re-states Motion
05/09/2013 05-09

Yusuf

 

 Motion to Stay

Defendants' emergency motion for reconsideration of preliminary injunction order and for stay of same pending posting of adequate bond
05/09/2013 05-09

Yusuf

 

 Motion as to Bond

Defendants' emergency motion for reconsideration of preliminary injunction order and for stay of same pending posting of adequate bond
05/09/2013 05-09

Yusuf

 

 Motion to Terminate Employees

Defendants' motion to reconsider and to modify preliminary injunction to terminate employees Mufeed Hamed, Waleed Hamed, and Wadda Charriez.
05/08/2013 05-08 Court

Order Clarifying PI as to United Tenant Account

 

 Allows United to use tenant account without a Hamed signature.
05/07/2013 05-07 Hamed

Unopposed Motion to Clarify the PI

 

 Motion to free United's Tenant Account -- With Holt Stipulation (DeWood)
05/01/2013 05-01 Hamed

Notice of Posting of Bond

 

 $25,000 Bond Posted
04/25/2013 04-25 Court

Memorandum and Order regarding Preliminary Injunction

 

 Memorandum and Order granting Plaintiff's Emergency Motion for a Preliminary Injunction Westlaw Version without columns or page numbers and Westlaw Version and WORD version
04/25/2013 04-25 Court

Order denying removal of Wally Hameed as Designated Representative

 

 Rule 17 allows a designated representative
04/25/2013 04-25 Court

Order regarding Motion to Supplement and for Notice

 

 Motions for Notice and to Supplement the Record are Granted
04/25/2013 04-25 Court

Order regarding Rule 56(d) and Rule 56 Motions

 

 Defendants' Rule 56(d) motion to take discovery regarding Plaintiff's Motion for Summary Judgment is granted; Plaintiff's motion to deem its motion for summary judgment conceded is denied
04/25/2013 04-25 Court

Notice of Entry of three Orders

 

  
04/25/2013 04-25 Court

Notice of Entry of Order - Memorandum

 

  
04/23/2013 04-15 Hamed Motion to Supplement the Record

Regarding denial of access to banking info, signatories on accounts, tax claims on 100% of profits and tensions (Holt)

 
04/08/2013 04-08 Hamed NOTICE OF SUPPLEMENTATION OF THE PI RECORD The Plaintiff hereby gives notice of supplementing the exhibits already submitted into the preliminary injunction hearing by filing a new document received (attached as Exhibit A) that supplement Plaintiff's Hearing Exhibits# 15. (Holt)
04/04/2013 04-04 Hamed REPLY TO OPPOSITION TO PLAINTIFF'S NOTICE OF SUPPLEMENTATION OF THE PRELIMINARY INJUNCTION RECORD

The Plaintiff respectfully submits that it has properly supplemented the record in this case, as it has done nothing more than to submit documents that are part of the exiting exhibits regarding (1) United's rent notices to Mohammed Hamed at Plaza Extra that demonstrate that United and Plaza Extra are separate legal entities (Landlordffenant and Corporation/ Partnership) and (2) the defendants continued use of partnership funds to pay their non-partnership legal fees. Indeed, United has now sent another rent notice for April, confirming it acknowledges the separate existence of the Plaza Extra partnership. See Exhibit A.
Thus, the defendant's opposition to supplementing the record is without merit, as these documents are properly part of the preliminary injunction record, demonstrating why the relief sought is appropriate and still needed (Holt)

 
04/01/2013 04-01 Yusuf DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S NOTICE OF
SUPPLEMENT THE PRELIMINARY INJUNCTION RECORD

At this late stage in the TRO proceedings the Plaintiff improperly attempts to expand the record by way of "Notice." This is improper and is unsupported by any statute, rule, or any authority whatsoever. This Court should deny the request to supplement the record on two independent grounds. First, the Plaintiff has not shown why the exhibits, which contain facts after the record was closed, should be admitted into evidence. The Plaintiff is improperly attempting to put into the record evidence that the Defendants did not have a reasonable opportunity to dispute the authenticity or relevance. Further, given that the Parties have already filed their proposed findings
of fact and conclusions of law, together with memorandum of law in support, the Defendants will be prejudiced because said moving papers will not have incorporated this potentially new evidence. Accordingly, the Court should deny the request. (DiRuzzo)

 
03/18/2013 03-18 Hamed NOTICE OF SUPPLEMENTATION OF THE PRELIMINARY INJUNCTION RECORD

The Plaintiff hereby gives notice of supplementing the exhibits already submitted into the preliminary injunction hearing by filing two new documents received (attached EX A) re Ex 7 & 15. (Holt)
03/05/2013 03-05 Hamed Reply To Defendants' Opposition To Plaintiff's Motion To Supplement The Record And Second Request To Take Judicial Notice Reply To Defendants' Opposition To Plaintiff's Motion To Supplement The Record And Second Request To Take Judicial Notice (Holt)
03/04/2013 03-04 Yusuf Defendants Opposition to Plaintiffs' Second Motion to take Judical Notice and Request to Supplement the Hearing Record Defendants Opposition to Plaintiffs' Second Motion to take Judical Notice and Request to Supplement the Hearing Record (DiRuzzo)
03/04/2013 03-04 Yusuf Defendants Notice of Filing of Criminal Indictment Defendants Notice of Filing of Criminal Indictment (DiRuzzo)
03/04/2013 03-04 Yusuf Defendants' Proposed Findings of Fact and Conclusions of Law Defendants' Proposed Findings of Fact and Conclusions of Law (TRO/PI) (DiRuzzo) Also Notice of Filing
02/28/2013 02-28 Hamed Plaintiff's reply to Defendants' response to Plaintiff's Motion to File Under Seal as to Findings and Conclusions Accept D's Order (Holt)
02/27/2013 02-27 Yusuf Defendants' response to Plaintiff's Motion to File Under Seal as to Findings and Conclusions Agree as to TRO shift to PI - agreed as to sealing - with attached order (DiRuzzo)
  Both Both Both Parties' Exhibits to TRO hearings of 1/25 and 1/31, 2013  
02/27/2013 02-27 Hamed Plaintiff's Proposed Findings of Fact and Conclusions of Law Plaintiff's Proposed Findings of Fact and Conclusions of Law (filed 02/27/13 under seal -- served 03/05/13) (Holt) WORD Notice of Service on 3/5/13
02/27/2013 02-27 Hamed Plaintiff's Motion to File Under Seal as to Findings and Conclusions With sealed copy of Findings and conclusions attached (Holt)
02/25/2013 02-25 Yusuf Defendants' Request for Supplemental time to file With letter to Judge
02/19/2013 02-19 Hamed Plaintiff's PLAINTIFF'S SECOND REQUEST TO TAKE JUDICIAL NOTICE AND REQUEST TO SUPPLEMENT THE HEARING RECORD Exhibits 28 (Interrogatory Responses) 29 (Summary Judgment Motion) and 30 (Two Checks with Declaration)(Holt)
02/19/2013 02-19 Hamed Plaintiff's NOTICE OF FILING SUPPLEMENTAL DEPOSITION EXHIBITS Exhibit 6 (Fahti Yusuf Affidavit) and 7 (Joint Venture Agreement) (Holt)
02/07/2013 02-07 Yusuf Plaintiff's No Opposition to the Motion to Intervene Plaintiff's No Opposition to the Motion to Intervene (DiRuzzo)
01/25/2016 Trans HEARING (TRO) Day-2 Transcript of Day 2 TRO Hearing

Thursday, January 31, 2013 - Full day of hearing on TRO before Judge Brady Day 2 of 2
01/31/2013 01-31 Hamed Plaintiff's Response to Motion to Intervene Plaintiff's Response to Motion to Intervene (Holt)
01/30/2013 01-30 Hamed Plaintiff's Reply to the Opposition to Renewed Motion for TRO Plaintiff's Reply to the Opposition to Renewed Motion for TRO (Holt) WORD version
01/25/2013 Trans HEARING (TRO) Day-1 Transcript of Day 1 TRO Hearing

Friday, January 25, 2013 - Full day of hearing on TRO before Judge Brady Day 1 of 2
01/24/2013 01-24 Yusuf Defs Opposition to Renewed Mot for TRO Opposition to Renewed Mot for TRO (DiRuzzo)
01/24/2013 01-24 Interven Motion to Intevene Motion to Intervene by members of Yusuf Family (Cameron)
01/18/2013 01-18 Court Order - Granting Plaintiff's Motion for Protective Order as to 5 depositions Order - Granting Plaintiff's Motion for Protective Order as to 5 depositions
01/18/2013 01-18 Yusuf Opposition to Motion for Protective Order Opposition to Motion for Protective Order (DiRuzzo)
01/18/2013 01-18 Yusuf Motion to Take Judicial Notice Motion to Take Judicial Notice (as to Criminal docket documents) (DiRuzzo)
01/17/2013 01-17 Yusuf Defendants Motion to Compel Deposition or to Strike Testimony Defendants Motion to Compel Deposition or to Strike Testimony (DiRuzzo)
01/14/2013 01-14 Hamed Plaintiff's Motion for Protective Order Plaintiff's Motion for Protective Order
01/11/2013 01-11 Yusuf Notice of Cancellation of Depositions and Notice of Re-Scheduled Depositions

Waheed Hamed January 23 at 9 a.m.

Hisham Hamed January 23 at 1:30 p.m.

Mufeed Hamed January 23 at 4 p.m.

Waleed Hamed January 24 at 9 a.m.

Mohammad Hamed January 24 at 1:00 p.m.

 
01/09/2013 01-09 Hamed Plaintiff's Emergency Motion and Memorandum to Renew Application for TRO Plaintiff's Emergency Motion and Memorandum to Renew Application for TRO (Holt)
01/08/2013 01-08 Yusuf Defendants' Reply to Opposition to Rule 56f Defendants' Reply to Opposition to Rule 56f (DiRuzzo)
01/08/2013 01-08 Yusuf Defendants' Opposition to Motion to Deen Conceded Defendants' Opposition to Motion to Deen Conceded (DiRuzzo)
12/24/2012 12-24 Hamed Plaintiff's Motion to Deem Summary Judgment Conceded and Reply to 56(d) Motion for Enlargement Plaintiff's Motion to Deem Summary Judgment Conceded and Reply to 56(d) Motion for Enlargement (Holt)
12/20/2012 12-20 Yusuf RULE 56(d) MOTION AND ALTERNATIVE MOTION FOR ENLARGEMENT OF TIME TO RESPOND DEFENDANTS' RULE 56(d) MOTION AND ALTERNATIVE MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO MOTION FOR PARTIAL SUMMARY JUDGMENT (DiRuzzo)
12/20/2012 12-20 Yusuf Letter and 5 Notices of Dposition

Notices of Deposition of Hameds

Mohammad Hamed

Tues., January 22nd at 9:00 a.m.

Waleed Hamed

Wed., January 23rd at 9:00 a.m.

Waheed Hamed

Thurs., January 24th at 9:00 a.m.

Mufeed Hamed

Fri., January 25th at 9:00 a.m.

Hisham Hamed

Fri., January 25th at 1:00 p.m.

 
12/19/2012 12-19 Yusuf Proposed Order (Rule 17) Notice Of Filing Proposed Order Granting Motion To Strike Self-Appointed Representative (DiRuzzo)
12/19/2012 12-19 Hamed Entry of Appearance - Hartmann Hartmann Entry of Appearance (Hartmann) docketed December 24, 2012 at 11:48 am
12/18/2012 12-18 Yusuf Reply to Plaintiff's Opposition to Defendants' Rule 17 Motion Defendants' Reply to Plaintiff's Opposition to Defendants' Rule 17 Motion (DiRuzzo)
12/13/2012 12-13 Yusuf

Defendants' Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss

 

 Defendants' Reply to Plaintiff's Opposition to Defendants' Rule 12 Motion (DeWood)
12/4/2012 12-4 Hamed

Plaintiff Hamed's Response to Defendants' Rule 17 Motion

 

 Plaintiff Hamed's Response to Defendants' Rule 17 Motion (Holt) WORD VERSION
11/21/2012 11-21 Yusuf

Defendants' Motion to Strike Self_Appointed Representative [pursuant to Rule 17]

 

 Filed by DiRuzzo in Sup Ct. (to Strike Waleed Hamed as the personal representative of Mohammad Hamed)
  Docket Sheet
(Federal Ct.)
  

Case Returned to Superior Court USVI

 

  
12/18/2012 41 Court Letter Remanding File to Sup Ct. Letter from Glenda Lake, Esquire,Clerk of the Court to the Venetia H. Velasquez, Clerk of the Superior Court returning case on remand. (MB)
12/18/2012 ND Court File Transfer (Test entry Only)

Complete file along with certified copy of final Order, Memorandum and docket sheet forwarded to Superior Court (MB)

12/18/2012 ND Court Order (Text entry Only) ORDER DISMISSING CASE,, CASE WAS REMANDED ON 11/16/2012 (WAL) dated 12/18/2012(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (MB)
11/16/2012 40 Court

MEMORANDUM OPINION granting Plaintiff's Motion for Remand and remanding the matter to the Superior Court

 

MEMORANDUM OPINION (WAL) dated 11-16-12 granting Plaintiff's Motion for Remand (Dkt. No. 13) and remanding the matter to the Superior Court of the Virgin Islands. (DGP) Westlaw Publication of Decision
11/16/2012 39 Court

Order (Remand)

 

 ORDER (WAL) dated 11−16−12 granting Plaintiff's Motion for Remand (Dkt. No.
13). (DGP) (Entered: 11/16/2012)
11/15/2012 38 Hamed

Opposition to Motion for Sur-Reply

 

 Opposition to Motion re [37] MOTION for Leave to File surreply filed by Plaintiff Mohammad Hamed. (Hartmann, Carl)
11/14/2012 37 Yusuf Defendants' Motion for Sur-Reply

MOTION for Leave to File surreply by Defendants UNITED CORPORATION, Fathi Yusuf. Motions referred to Magistrate Judge George W Cannon. (DiRuzzo, Joseph)

11/12/2012 36 Hamed Plaintiff Hamed's MEMORANDUM in Support re [34] MOTION for Partial Summary Judgment

MEMORANDUM in Support re [34] MOTION for Partial Summary Judgment as to Count I of the Amended Complaint (DE 15) filed by Plaintiff Mohammad Hamed. (Hartmann, Carl) Word
11/12/2012 35 Hamed Plaintiff Hamed's STATEMENT OF UNDISPUTED FACTS in Support re [34] MOTION for Partial Summary Judgment

STATEMENT OF UNDISPUTED FACTS in Support re [34] MOTION for Partial Summary Judgment as to Count I of the Amended Complaint (DE 15) filed by Plaintiff Mohammad Hamed. (Attachments: # (1) Exhibit 1 - Excerpts of Deposition: Testimony of Fahti Yusuf, # (2) Exhibit 2 - Declaration of Waleed Hamed) (Hartmann, Carl) Word
11/12/2012 34 Hamed Plaintiff Hamed's MOTION for Partial Summary Judgment as to Count I

MOTION for Partial Summary Judgment as to Count I of the Amended Complaint (DE 15) by Plaintiff Mohammad Hamed. (Attachments: # (1) Text of Proposed Order) (Hartmann, Carl) Word
11/12/2012 33 Hamed Plaintiff Hamed's Opposition to Defendants' Renewed Motion to Dismiss under Rule 12(b)(6)

Opposition to Motion re [28] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Renewed] filed by Plaintiff Mohammad Hamed. (Attachments: # (1) Exhibit 1 - Excerpts of Deposition: Testimony of Fahti Yusuf) (Hartmann, Carl) Word
11/9/2012 32 Yusuf Defendants' Reply with Regard to Motion to Strike/for Surreply REPLY to Opposition to Motion re [23] MOTION to Strike [18] Reply to Opposition to Motion, filed by Defendant Fathi Yusuf. (DiRuzzo, Joseph)
11/6/2012 31 Hamed MOTION and Memorandum For Show Cause re Contempt (Attorney Robert King) MOTION and Memorandum For Show Cause Order by Plaintiff Mohammad Hamed. Motions referred to Magistrate Judge George W Cannon. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order) (Holt, Joel)
11/6/2012 30 Hamed Plaintiff Hamed's Opposition to Motion to Strike Opposition to Motion re [23] MOTION to Strike [18] Reply to Opposition to Motion, filed by Plaintiff Mohammad Hamed. (Holt, Joel)
11/5/2012 29 Yusuf Defendants' Memorandum in Support of the Renewed Motion to Dismiss, for More Definite Statement or to Strike

MEMORANDUM in Support re [28] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants UNITED CORPORATION, Fathi Yusuf. (Attachments: # (1) Exhibit Affidavit of Fathi Yusuf, # (2) Exhibit Affidavit of Maher Yusuf) (DEWOOD, NIZAR)

11/5/2012 28 Yusuf Defendant Hamed's Renewed Motion to Dismiss, for More Definite Statement or to Strike

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants UNITED CORPORATION, Fathi Yusuf. (Attachments: # (1) Text of Proposed Order) (DEWOOD, NIZAR)

11/5/2012 27 Hamed REPLY to Defendant's Request to File Excess Pages REPLY to Defendant's Request to File Excess Pages filed by Plaintiff Mohammad Hamed. Responses due by 11/19/2012 (Holt, Joel)
11/5/2012 26 Yusuf MOTION for Leave to File Excess Pages MOTION for Leave to File Excess Pages by Defendants UNITED CORPORATION, Fathi Yusuf. Motions referred to Magistrate Judge George W Cannon. (Attachments: # (1) Text of Proposed Order) (DEWOOD, NIZAR)
11/5/2012 25 Hamed [SUPPLEMENTATION] to MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order [SUPPLEMENTATION] by Plaintiff Mohammad Hamed. (Attachments: # (1) Exhibit A) (Holt, Joel)
11/2/2012 24 Yusuf NOTICE that United's Status Reports were filed with the Tax Court in January and July 2012 NOTICE Notice of Filing by UNITED CORPORATION, Fathi Yusuf (Attachments: # (1) Exhibit 1, # (2) Exhibit 2) (DiRuzzo, Joseph)
11/2/2012 23 Yusuf Yusuf's Motion to Strike Plaintiff's Reply to Motion for Remand (or for Surreply)

MOTION to Strike [18] Reply to Opposition to Motion, by Defendants UNITED CORPORATION, Fathi Yusuf. Motions referred to Magistrate Judge George W Cannon. (Attachments: # (1) Text of Proposed Order) (DiRuzzo, Joseph)

10/30/2012

22

Hamed

Plaintiff Hamed's REPLY to Yusuf's Opposition to Hamed's Motion to Remand the case back to Superior Court

REPLY to Opposition to Motion to Remand [AMENDED TO INCLUDE DATE OF FILING] filed by Plaintiff Mohammad Hamed. Responses due by 11/13/2012 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Holt, Joel) (Entered: 10/30/2012)

10/30/2012

21

Hamed

Duplicate of 22

REPLY to Opposition to Motion to Remand filed by Plaintiff Mohammad Hamed. Responses due by 11/13/2012 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Holt, Joel) (Entered: 10/30/2012)

10/26/2012

20

Hamed

Plaintiff Hamed's Notice of Intent to File Subpoena to Atty. King

NOTICE of Intent to File Subpoena Duces Tecum by Mohammad Hamed (Attachments: #1Exhibit) (Holt, Joel) (Entered: 10/26/2012)

10/25/2012

19

Yusuf

Yusuf's Opposition to Plaintiff Hamed's Motion to Remand to Superiior Court

Opposition to Motion re DE 13 MOTION to Remand filed by Defendants UNITED CORPORATION, Fathi Yusuf. Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit , #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 3, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29) (DiRuzzo, Joseph) Entered: 10/25/2012)

10/22/2012

18

Hamed

Plaintiff Hamed's REPLY to Yusuf's Opposition to Motion Hamed's Motion for TRO and/or Preliminary Injunction

REPLY to Opposition to Motion re DE 12 Opposition to Motion for TRO and/or Preliminary Injunction filed by Plaintiffs Mohammad Hamed, Waleed Mohammed Hamed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Holt, Joel) (Entered: 10/22/2012)

10/19/2012

17

Hamed

Plaintiff Hamed's filing of the NOTICE FILING OF COMPARISON DOCUMENT

Redline of Amended Complaint

NOTICE FILING OF COMPARISON DOCUMENT by Mohammad Hamed re DE 15 Amended Complaint (Local Rules Civil Procedure 15.1 Comparison Document Appended) (Hartmann, Carl) (Entered: 10/19/2012)

10/19/2012

16

Hamed

Plaintiff Hamed's Opposition to Yusuf's Motion to Dismiss the Complaint under Rule 12

REPLY to Defendant's Rule 12 Motion filed by Plaintiff Mohammad Hamed. Responses due by 11/1/2012 (Holt, Joel) (Entered: 10/19/2012)

10/19/2012

15

Hamed

Plaintiff Hamed's Amended Complaint

AMENDED COMPLAINT against All Defendants filed by Mohammad Hamed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Holt, Joel) (Entered: 10/19/2012) WORD

15. On February 10, 2012, Yusuf’s attorney, Nizar DeWood (“DeWood”), informed Hamed (through his agent Wally Hamed) that Yusuf wanted to dissolve the partnership. See Exhibit A.

16. On February 12, 2012, (See Exhibit B) DeWood sent a letter on Yusuf’s behalf to Hamed announcing that Yusuf was ready to proceed with dissolving the partnership, describing the partnership assets to be divided as follows: As it stands, the partnership has three major assets: Plaza Extra - West (Grove Place, including the real property), Plaza Extra - East (Sion Farm) and Plaza Extra (Tutu Park, St. Thomas).

17. DeWood then sent a proposed partnership dissolution agreement on behalf of Yusuf on March 13, 2012, to Wally Hamed, regarding the proposed dissolution of the partnership. That document (See Exhibit C) then went on to state in part as follows: WHEREAS, the Partners have operated the Partnership under an oral partnership Agreement since 1986. WHEREAS, the Partnership was formed for the purposes of operating Super Markets in the District of St. Croix, and St. Thomas; and . . . . WHEREAS, the Partners have shared profits, losses, deductions, credits, and cash of the Partnership; WHEREAS, the Partners have certain rights and responsibilities under the Virgin Islands Revised Uniform Partnership Act ("Act") governing dissolution of partnerships, and hereby desire to vary or confirm by the terms of this Agreement; That document then described the partnership assets as follows: Section 1.1: Assets of the Partnership 1. PLAZA EXTRA EAST- Estate Sion Farm. St. Croix 2. PLAZA EXTRÄ WEST- Estate Grove, St. Croix (Super Market Business ONLY) 3. PLAZA EXTRA - Tutu Park. St. Thomas

18. The parties thereafter met on numerous occasions to try to address the division of the partnership assets, including the three Plaza Extra Stores and the partnership profits held in the various bank and brokerage accounts. However, to date no agreement has been reached regarding the division of these partnership assets.

19. In the interim time period, Yusuf has engaged in and continues to engage in numerous acts in breach of his obligations as a partner in his partnership with Hamed, all of which are designed to undermine the partnership’s operations and success, including but not limited to the following acts: a) Threatening to terminate the Hamed family employees in the three Plaza Extra stores; b) Threatening to have United evict the Plaza Extra store located in the United shopping center on the east side of St. Croix (See Group Exhibit D), including the threat of using self help to remove the partnership from the premises without using judicial process; c) Attempting to have United impose excessive rent obligations on this store (See Group Exhibit D); d) Failing to recognize Plaza Extra’s rights in the premises where its Plaza store in the United Shopping Center is located, as the store was damaged by fire in 1992 and was rebuilt entirely with insurance funds from the Plaza supermarket and not from United, including using said partnership funds for the purchase of additional adjacent land for use by the supermarket; e) Attempting to discredit the operations of these three stores by making defamatory statements about Hamed and his family members to third parties, including suppliers for the three stores, which are completely untrue; f) Attempting to unilaterally change how the stores have operated by threatening to impose new and unreasonable restrictions on the operations of these three stores, all of which are aimed at undermining Hamed’s partnership interest in the three stores. g) Refusing to pay valid obligations owed by the partnership, including but not limited to attorney’s fees incurred in litigation in the pending District Court criminal case, in an effort to undermine the partnership’s operations; h) Threatening to close down the Plaza Supermarkets; i) Threatening the Hamed family members working in the Plaza supermarkets with physical harm, trying to intimidate them into leaving the stores; j) Giving false information to third parties, including suppliers of the three Plaza Supermarkets, regarding its future operations, jeopardizing the good will of the Three Plaza supermarkets; k) Unilaterally canceling orders placed with vendors and not ordering new inventory for the three Plaza supermarkets; and l) Spending funds from the bank accounts of the three Plaza supermarkets to support his other personal business interests unrelated to the three Plaza supermarkets.

20. Finally, on or about August 20, 2012, Yusuf unilaterally and wrongfully converted $2.7 million from the Plaza Extra supermarket accounts used to operate the partnership’s three stores, placing the funds in a separate United account controlled only by him. Said conversion was a willful and wanton breach of the partnership agreement between Hamed and Yusuf.

10/11/2012

14

Hamed

Plaintiff Hamed's Memorandum in Support of his motion to Remand

MEMORANDUM in Support re DE 13 MOTION to Remand filed by Plaintiff Mohammad Hamed. (Attachments: #1 Exhibit, #2 Exhibit) (Holt, Joel) (Entered: 10/11/2012)

10/11/2012

13

Hamed

Plaintiff Hamed's Motion to Remand

MOTION to Remand by Plaintiff Mohammad Hamed. (Attachments: #1 Text of Proposed Order) (Holt, Joel) (Entered: 10/11/2012)

10/10/2012

12

Yusuf

Yusu's Oppostion to Hamed's Motion for TRO/PI

**Incorrectly Docketed as

Yusuf's Motion for Extension for time of Oppose Hamed's Motion for TRO

Memorandum in Opposition to Mot for TRO. (DiRuzzo) Full Version with all Exhibits which we believe are incorrectly filed with this Motion.

We believe the correct exhibits -- 2 affidavits -- were filed with DE 11.

**Incorrectly Docketed as

Opposition to Motion re DE 10 MOTION for Extension of Time to File Motion for TRO/preliminary injunction filed by Defendants UNITED CORPORATION, Fathi Yusuf, 1-4 (DiRuzzo, Joseph) Modified on 10/11/2012 (TNS). (Entered: 10/11/2012)

10/10/2012

11

Yusuf

Yusuf's MEMORANDUM in Support of his Motion to Dismiss the Complaint

MEMORANDUM in Support re DE 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants UNITED CORPORATION, Fathi Yusuf. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (DEWOOD, NIZAR) #6 Exhibit F) (TNS). Modified on 10/10/2012 (TNS). (Entered: 10/10/2012)

10/10/2012

10

Yusuf

Yusuf's MOTION for Extension of Time

MOTION for Extension of Time to File by Defendants UNITED CORPORATION, Fathi Yusuf. (DiRuzzo, Joseph) (Additional attachment(s) added on 10/10/2012: #1 Text of Proposed Order) (TNS). (Entered: 10/10/2012)

10/09/2012

9

Yusuf

Yusuf's Motion to Dismiss the Complaint

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants UNITED CORPORATION, Fathi Yusuf. (DEWOOD, NIZAR) (Entered: 10/09/2012)

10/09/2012

8

Yusuf

Yusuf's NOTICE Amended Supplemental Information

NOTICE Amended Supplemental Information Regarding Notice of Removal by UNITED CORPORATION, Fathi Yusuf re DE 4 Notice (Other) (DiRuzzo, Joseph) (Entered: 10/09/2012)

10/09/2012

7

Yusuf

Yusuf's MOTION for Leave to File Excess Pages

MOTION for Leave to File Excess Pages by Defendants UNITED CORPORATION, Fathi Yusuf. (DiRuzzo, Joseph) (Entered: 10/09/2012)

10/09/2012

6

Hamed

Carl Hartmann Appearance

NOTICE of Appearance by Carl J Hartmann, III on behalf of Plaintiff Mohammad Hamed (Hartmann, Carl) (Entered: 10/09/2012)

10/05/2012

5

Yusuf

Joseph DiRuzzo Appearance

NOTICE of Appearance by Joseph A DiRuzzo, III on behalf of Defendants UNITED CORPORATION, Fathi Yusuf (DiRuzzo, Joseph) (Entered: 10/05/2012)

10/05/2012

4

Yusuf

Yusuf NOTICE Supplemental Information

NOTICE Supplemental Information Regarding Notice of Removal by UNITED CORPORATION, Fathi Yusuf re DE 1 Notice of Removal,, (DiRuzzo, Joseph) (Entered: 10/05/2012)

10/05/2012

3

Yusuf

Joel Holt Appearance

NOTICE of Appearance by Joel H. Holt on behalf of Plaintiff Mohammad Hamed (Holt, Joel) (Entered: 10/05/2012)

10/04/2012

2

Hamed

Nizar DeWood Appearance

NOTICE of Appearance by NIZAR A. DEWOOD on behalf of Defendants UNITED CORPORATION, Fathi Yusuf (DEWOOD, NIZAR) (Entered: 10/04/2012)

10/04/2012

1

Yusuf

Plaintiff Hamed's Notice of Removal from Superior Court to Federal Court

NOTICE OF REMOVAL by Defendants UNITED CORPORATION, Fathi Yusuf from Superior Ct. of the Virgin Islands, case number SX-12-cv-370. ( Filing fee $ 350) (Attachments: #1 summons, #2 docket letter, #3 complaint, #4 mot. TRO, #5 mem. re TRO, #6 notice of service of TRO, #7 notice of filing propose order re TRO, #8 notice of appearance of J. DiRuzzo for Yusuf and United Corp, #9 Def.'s motion to proceed as preliminary injunction, #10 plaintiffs' reply re motion to proceed as preliminary injunction, #11 Exhibit EX A - plea agreement, #12 Exhibit EX B - Letter from J.Holt to DOJ - Tax dated 8.31.2012) (DiRuzzo, Joseph) (Entered: 10/04/2012)
10/02/2012 SuperSTX Hamed OPPOSITION TO DEFENDANTS' MOTION TO PROCEED ON PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND /OR A PRELIMINARY INJUNCTION AS A MOTION FOR PRELIMINARY INJUNCTION AND FOR ENLARGEMENT OF TIME TO RESPOND TO SAME

 
09/28/2012 SuperSTX Yusuf DEFENDANTS' MOTION TO PROCEED ON PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND /OR A PRELIMINARY INJUNCTION AS A MOTION FOR PRELIMINARY INJUNCTION AND FOR ENLARGEMENT OF TIME TO RESPOND TO SAME

 
9/18/2012 STX Super Hamed Hamed's Motion for TRO

 
9/17/2012 STX Super Hamed Complaint with Summons