Date Filed |
DE# |
Filer |
Document(s) |
Comments (ss) [Exhibits attached to the documents] |
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4/23/2018 |
SuperSTX Ross |
Hamed |
Motion for Surresponse as to Yusuf motion to make claims H41 to H-141 disappear
|
In WORD |
4/22/2018 |
SuperSTX Ross |
Hamed |
Notice as to Extension of time to Respond to Written Claims Discovery
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|
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
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4/19/2018 |
SuperSTX Ross |
S.Master Ross |
Order - Denying Hamed Claim Nos. H-38 and H-123 Payments to DTF
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4/17/2018 |
SuperSTX Ross |
Yusuf |
Yusuf's Supp. Production as to RFPD 2 (H-33) re Merrill Lynch accounts
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4/12/2018 |
SuperSTX Ross |
S.Master Ross |
Ross Order Granting Hamed Motion to Compel re Three Requests to Admit
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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
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4/7/2018 |
SuperSTX Ross |
Hamed |
Hamed's [Expedited] Reply as to his Motion to Compel re Claims Discovery
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4/6/2018 |
SuperSTX Ross |
Yusuf |
Opposition to Hamed's Motion to Compel re Claims Discovery (RFA's)
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4/2/2018 |
SuperSTX Ross |
S.Master Ross |
Ross Order Denying Hamed's Claims H-11 & H-12 re condensers and shopping carts
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4/1/2018 |
SuperSTX Ross |
Hamed |
Notice of Propounding Discovery
|
Word Document |
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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
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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
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3/30/2018 |
SuperSTX Ross |
Yusuf |
Yusuf 2nd set of discovery - Notice of Service
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3/30/2018 |
SuperSTX Ross |
Yusuf |
Yusuf 2nd set of discovery - Requests to tp Produce Documents 21-24
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3/30/2018 |
SuperSTX Ross |
Yusuf |
Yusuf 2nd set of discovery - Interrogatories 33-34
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3/30/2018 |
SuperSTX Ross |
Yusuf |
Re-Submission of Interrogatories 31 & 32
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3/28/2018 |
SuperSTX Ross |
Hamed |
Notice of Service as to Hamed's 6th Requests to Admit - No 45 of 50
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3/26/2018 |
SuperSTX Ross |
Hamed |
Hamed's 6th Requests to Admit - No 45 of 50
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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
|
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3/23/2018 |
SuperSTX Ross |
Yusuf |
Yusuf's 1st Set of Claims Discovery - Exhibits 1-7
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2 per page |
3/23/2018 |
SuperSTX Ross |
Yusuf |
Yusuf's 1st Set of Claims Discovery - Requests to Produce Documents 1-20
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3/23/2018 |
SuperSTX Ross |
Yusuf |
Yusuf's 1st Set of Claims Discovery - Requests to Admit 1-23
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3/23/2018 |
SuperSTX Ross |
Yusuf |
Yusuf's 1st Set of Claims Discovery - Interrogatories 1-33
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3/22/2018 |
SuperSTX Ross
|
Hamed |
Hamed's Motion to Compel Responses to Three Requests to Admit -- And Stipulated Request for Expedited Determination
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3/22/2018 |
SuperSTX Ross |
Joint |
Joint Stipulation as to Stay of Discovery Responses from Yusuf and Request for Expedited Determination by the Master
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3/16/2018 |
SuperSTX Ross |
S.Master Ross |
Ross Order Denying Hamed Motion re Claim H-10 - Mary Gonzales Bonus
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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
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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
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3/14/2018 |
SuperSTX Brady |
Court |
Order Denying Yusuf motion to Disqualify Joel Holt
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3/8/2018 |
SuperSTX Ross |
Hamed |
Yusuf's Reply In Support Of His Motion To Strike Hamed's Claim Nos. H-41 Through H-141 And Additional 'Maybe' Claims
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3/5/2018 |
SuperSTX Ross |
Hamed |
Opposition to Motion to Strike as to Claims H-142 and H-143
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3/5/2018 |
SuperSTX Brady |
Yusuf |
Yusuf Sur-Reply re Disqualification of Joel Holt
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3/1/2018 |
SuperSTX Ross |
Hamed |
Notice of Rescheduling to Video Depositions 1-4
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3/1/2018 |
SuperSTX Ross |
Yusuf |
Yusuf 1st Round Discovery Responses - Interrogatory 1 of 50
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3/1/2018 |
SuperSTX Ross |
Yusuf |
Yusuf 1st Round Discovery Responses - Production of Documents 1-5 (w/docs)
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3/1/2018 |
SuperSTX Ross |
Yusuf |
Yusuf 1st Round Discovery Responses - Responses to Requests to Admit 1-3
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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)
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|
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|
|
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
|
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2/25/2018 |
SuperSTX Ross |
Hamed |
Hamed's 4th RTA 30-32 of 50 for Claims
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2/25/2018 |
SuperSTX Ross |
Hamed |
Hamed's Fifth ROGs 29-32 of 50 for Claims
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2/25/2018 |
SuperSTX Ross |
Hamed |
Hamed's Fourth RFPDs 19-27 of 50 for Claims
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2/21/2018 |
SuperSTX Ross |
Hamed |
Hamed's Notice of Service of 3 Discovery Items
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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
|
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2/12/2018 |
SuperSTX Brady |
Hamed |
Hamed Response re Yusuf Motion for Sur-reply as to Law Clerk's Declaration
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2/9/2018 |
SuperSTX Ross |
Hamed |
Return of Service on Partnership Attn LP - Deposition
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2/9/2018 |
SuperSTX Ross |
Hamed |
Hamed's Notice of Service of Claims Discovery
|
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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
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2/6/2018 |
SuperSTX Ross |
Yusuf |
Motion to Strike Claims H-41 to H-141 & 16 others (the "accounting claims")
|
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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
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2/5/2018 |
SuperSTX Brady |
Hamed |
Hamed's Reply to Yusuf's Motion to Require Hamed to Submit New Lease Guarantees
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|
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
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|
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
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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
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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
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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
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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 resolutÃÂon 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
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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
|
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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
|
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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
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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
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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
|
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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
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|
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
|
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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 SJ
|
|
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 SJ
|
|
8/11//2017 |
Superior |
Yusuf |
Motion for Immediate Appeal of Accounting Order
|
|
8/11//2017 |
Superior |
Yusuf |
Motion for Reconsideration of Accounting SJ
|
|
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 SJ 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 SJ
|
|
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 PSJ 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 SJ 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 SJ 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 SJ - 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 SJ 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 SJ 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 SJ 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 Misjoinder |
Due 6/5 |
|
5/13/14 |
P Motion for Partial SJ Based on Statute of Limitations |
Due 5/30 |
|
5/8/14 |
P Renewed Mot for Partial SJ 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 SJ 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 SJ 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 |
01/25/2016 |
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 SJ Conceded and Reply to 56(d) Motion for Enlargement |
Plaintiff's Motion to Deem SJ 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) |
|
|
|
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) |
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