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Statement of Facts with Exhibits

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Word Version of Motion

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

SX-18-CV-219 

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

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

CaseAnywhere Docket (PDF)

CaseAnywhere Docket (Word)

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

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  

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

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

Part B

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

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

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

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

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.

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. 

Yusuf Opposition to Motion for Further Instructions and Interim Discovery Order

Hamed Motion for Further Instructions and Interim Discovery Order 

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

Reply re Daubert Motion as to CPA - BDO

Opposition to Motion to Strike Hamed's First Supplemental Claims  

Motion to Strike Hamed's First Supplemental Claims

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

Opposition as to BDO Daubert Motion

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

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

Hamed's Response to Yusuf Motion to Strike Accounting 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

Motion to Strike Hamed's Partnership Claims Filings and Objections

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

Yusuf Reply re Motion to Strike Jury Demand

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

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

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

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

Hamed's response Re Jury Issues

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

Joint Stipulation ending motions re Plessen Bank Account and Directors 

Order allowing extension of Plessen Bank Opening

Motion to Reconsider Order re Plessen Board Directors

Joint

Order Denying Motion to Quash 2 Bank Subpoenae

Order Denying Yusuf Motion to Appoint a Receiver for Plessen  

Order Denying Motion to Remove Fathi Yusuf as Liquidating Partner

Order Denying Motion to Disqualify DTF as Counsel

Order denying consolidation of United v. Wally Hamed and Dismissing

Ninth Bi-Monthly Partnership Report

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

Supplemental Authority re DTF Disqualification Motion

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

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

Opposition to Motion to Quash Subpoenas

Yusuf Reply to Objection to 8th Monthly Report 

Motion to Quash Subpoenas to two banks

Notice of Death

Liquidating Partner's Eighth Bi-Monthly Report

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

Mohammad Hamed's Opposition to Consolidation of three cases

Opposition to Motion to Consolidate Wadda Charriez Action

Opposition to Mot to Consolidate Wally Hamed Action

Opposition to Motion to Consolidate Willie Hamed STT Action

Motion to Consolidate Wadda Charriez STX action

Motion to Consolidate Wally Hamed STX action

Motion to Consolidate Willie Hamed STT action

REPLY TO YUSUF'S OPPOSITION TO MOTION Disqualify LP

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

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

Yusuf Opposition to Motion to Remove Liquidating Partner

Yusuf Opposition to Motion to Disqualify DTF

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

Liquidating Partner's 6th Bi-Monthly Report

Hamed motion to Disqualify DTF

Hamed motion to Remove Liquidating Partner

Liquidating Partner's 5th Bi-Monthly Report

Liquidating Partner's Final Accounting

Response to Judge Ross re Additional Assets to be Dealt With

Response to Judge Ross re Additional Assets to be Dealt With

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.

Liquidating Partner's Fourth Bi-Monthly Report

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.

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

Yusuf Opposition to Motion to Clarify Order of Liquidation

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

Motion to Clarify (Time to File Hamed Accounting)

3rd Bi-Monthly Report from Liquidating Partner

Brady Order Allowing Supervised Access to Partnership account for winding up

Liquidating Partner's Second Bi-Monthly Report

Hamed Reply re Motion to Reconsider Rent

Yusuf Opposition to Motion for Reconsideration of Portion of Rent Order

Motion for Reconsideration re Rent Order

Master's Order confirming sale of Tutu store to Hamed

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

Sale of Tutu Store

Ross Order re Bidding Procedures for STT Tutu store sale

Two Orders Returning Hameds' PI Bond

Order allowing withdrawal of back rents by United

NOTICE OF SUPPLEMENTATION OF THE RECORD

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

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

Reply to Opposition to Motion for Attorney Fees and Costs

Liquidating Partner - First Bi-Monthly Report

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

Opposition to Motion for Attorney Fees and Costs

Mandate on Appeal

Motion for Return of Bond

Motion for Attorney Fees and Costs

Holt Declaration- Ex 1

Hartmann Declaration - Ex 2

Daily News Article re: Separation of Stores

3/09/2015

Superior

Master

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

Memorandum Opinion - Dismissing Appeals for Lack of Jurisdiction

Order Denying Motion for Stay

Hamed Reply to Opposition to Motion to Dismiss re Jurisdiction

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

Motion to Dismiss re Jurisdiction

Order Consolidating and Setting Schedule

Reply re Motion to Stay

Notice re inventory

Motion to Vacate Scheduling Order

Opposition to Motion to Stay

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

Yusuf Emergency Motion for Stay

Hamed Amended Notice of Filing Cross Appeal

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

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

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

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

Notice of Supplementation of Record

Opposition to Motion to Stay

Notice to Supplement Record re Eviction

Hamed Joint Opposition to Motion to Consolidate

Motion to Partially Stay January 7, 2015 Order

Notice of Second Appeal - re Plan

Joint Stipulation as to Final Winding Up Order

Scheduling Order for Briefs

Judge Brady's ORDER ADOPTING Final WindUp Plan

Docketing Order to Yusuf re Transcript

Notice of Appeal as to Lease and Plessen Board Orders

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

Summary judgment as to Partnership

Withdrawal of Hamed's Motions to Show Cause

D Response to Hamed's Motions to Show Cause

Yusuf Responses to Hamed Comments re Proposed Plan

Hamed Motion to Show Cause re Access to Stores and Information

Hamed Responses to Yusuf Comments re Proposed Plan

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

Renewed Motion for Contempt (Payroll)

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

P and Counterclaim Defendants' Response to Motion to Compel

Defendants' Opposition to 2nd Motion to compel re payroll

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

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

Hamed Informal Comments to Master re Proposed Winding up Plan

Yusuf Informal Comments to Master re Proposed Winding up Plan

P Motion to Show Cause

D Opposition to P Motion for Sur Reply re Rents

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

Order - Plan dividing Plaza Extra Assets - for comments

P and Counterclaim Defendants' Motion to Compel Discovery

D Motion to Compel Discovery from Wally and Mohammad

D Motion to Compel Discovery from Willie, Shawn & Mafi

10/1/2014

D OPPOSITION TO MOTION TO SHOW CAUSE and Cross Motion

P Notice of Service of Depos for Yusuf Sons

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

9/30/2014

Defendants' Supplemental Rule 26 Disclosures

D Notice of Filing Affidavits of Service

Notice of Service of Defendant's Supplemental R 26 Disclosures

Amended Notice of Service of Defendants' Supplemental Rule 26 Disclosures

D Emergency Motion to Further Extend Scheduling Order Deadlines

D Motion to Strike Jury Demand with Memo

Supp Prod of Docs for Waheed Hamed

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

Responses to additional discovery

Requests to Admit

Interrogatories

Requests for Prod of Documents

D Reply to Opposition to Motion to Compel Responses to Discovery

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

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

Order fr Judge Brady re Serving Master

Motion for Order to Show Cause

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

Yusufs Response to Waheed Interrogatories to Yusuf

United

Uniteds Response to Waheed Interrogatories to United

Hamed request re Sur-Reply as to Rent Summary Judgment

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

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

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

Notice of deposition of Fathi Yusuf for October 10, 2014

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

Shawn Hamed 2nd Supp. Production of Documents

Mafi Hamed 2nd Supp. Production of Documents

Wally Hamed 2nd Supp. Production of Documents

Fathi Yusuf Response to Waheed Hamed RTA

Fathi Yusuf Response to Waheed Hamed RTP

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

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

D Supplemental Rule 26(c) filing disclosure re counterclaims

Fee Stipulation for Master (Judge Ross)

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

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

Stipulation as to Appointment Of Hon. Edgar Ross as Master

Stipulation as to Confidentiality

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

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

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

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

Counterclaim Defendants' Opposition to Motion to Compel

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

Brady Decision on Special Master

D Fathi Yusufs Reply Brief in Support of Motion for Reconsideration

Rule 26 Self Disclosure by 4 Counterclaim Defendants

Joint Reqest for Admissions to Fathi Yusuf

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

Fathi Yusuf's Requests for Admission to Mohammed Hamed

Fathi Yusuf's Interrogatories to Waleed Hamed

Fathi Yusuf's Requests for Admission to Waleed Hamed

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

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