Ferguson Family Trust v. Falcon Strategies Two LLC., et by rtu18834

VIEWS: 6 PAGES: 6

									US District Court Civil Docket as of 7/22/2008
Retrieved from the court Friday, July 25, 2008

                                   U.S. District Court
                       Southern District of New York (Foley Square)
                     CIVIL DOCKET FOR CASE #: 1:08-cv-04723-SHS

                    Ferguson Family Trust v. Falcon Strategies Two LLC et al
Date Filed:                         May 20, 2008
Status:                             Closed
Nature of suit:                     850 Securities/Commodities
Assigned to:                        Judge Sidney H. Stein
Cause:                              15:78m(a) Securities Exchange Act
Date terminated:                    Jul. 22, 2008
Jurisdiction:                       Federal Question
Jury demand:                        Plaintiff
Related cases:                      1:08-cv-06121-SHS




                                          Parties and Attorneys
Plaintiff                                                               Attorneys and Firms
Ferguson Family Trust                                                   Joseph Frank Russello
On behalf of itself and all others similarly situated                   Coughlin Stoia Geller Rudman &
                                                                        Robbins, LLP
                                                                        58 South Service Road
                                                                        Suite 200
                                                                        Melville, NY 11747
                                                                        (631) 367-7100
                                                                        Fax: (631) 367-1173
                                                                        JRussello@csgrr.com
                                                                        LEAD ATTORNEY
                                                                        ATTORNEY TO BE NOTICED
                                                                        Robert M. Rothman
                                                                        Coughlin Stoia Geller Rudman &
                                                                        Robbins, LLP
                                                                        58 South Service Road
                                                                        Suite 200
                                                                        Melville, NY 11747
                                                                        (631) 367-7100
                                                                        Fax: (631) 367-1173
                                                                        rrothman@csgrr.com
                                                                        LEAD ATTORNEY
                                        ATTORNEY TO BE NOTICED
                                        Samuel Howard Rudman
                                        Coughlin Stoia Geller Rudman &
                                        Robbins, LLP
                                        58 South Service Road
                                        Suite 200
                                        Melville, NY 11747
                                        (631) 367-7100
                                        Fax: (631) 367-1173
                                        srudman@csgrr.com
                                        LEAD ATTORNEY
                                        ATTORNEY TO BE NOTICED

Defendant                               Attorneys and Firms
Falcon Strategies Two LLC               Charles Edward Davidow
                                        Paul, Weiss, Rifkind, Wharton &
                                        Garrison, LLP (DC)
                                        1615 L Street, N.W., Ste. 1300
                                        Washington, DC 20036
                                        (202) 223-7300
                                        Fax: (202) 223-7420
                                        cdavidow@paulweiss.com
                                        LEAD ATTORNEY
                                        ATTORNEY TO BE NOTICED
                                        Michael E. Gertzman
                                        Paul, Weiss, Rifkind, Wharton &
                                        Garrison LLP (NY)
                                        1285 Avenue of the Americas
                                        New York, NY 10019
                                        (212) 373-3281
                                        Fax: (212) 373-2274
                                        mgertzman@paulweiss.com
                                        LEAD ATTORNEY
                                        ATTORNEY TO BE NOTICED

Defendant                               Attorneys and Firms
Amacar GP, Inc.                         Charles Edward Davidow
                                        (See above for address)
                                        LEAD ATTORNEY
                                        ATTORNEY TO BE NOTICED
                                        Michael E. Gertzman
                                        (See above for address)
                                        LEAD ATTORNEY
                                        ATTORNEY TO BE NOTICED

Defendant                               Attorneys and Firms
Citigroup Alternative Investments LLC   Charles Edward Davidow
                                        (See above for address)
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED
                                                              Michael E. Gertzman
                                                              (See above for address)
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED

Defendant                                                     Attorneys and Firms
Citigroup, Inc.                                               Charles Edward Davidow
                                                              (See above for address)
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED
                                                              Michael E. Gertzman
                                                              (See above for address)
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED

Defendant                                                     Attorneys and Firms
Reaz Islam                                                    Sean R. O'Brien
                                                              Arkin Kaplan Rice LLP
                                                              590 Madison Avenue, 35th Floor
                                                              New York, NY 10022
                                                              (212) 333-0200
                                                              Fax: (212) 333-2350
                                                              sobrien@arkin-law.com
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED
                                                              Stephen Thomas Heiser
                                                              Arkin Kaplan Rice LLP
                                                              590 Madison Avenue, 35th Floor
                                                              New York, NY 10022
                                                              (212) 333-0200 x0232
                                                              Fax: (212) 333-2350
                                                              sheiser@arkin-law.com
                                                              ATTORNEY TO BE NOTICED

                           Docket ProceedingsReverse Proceedings
Req #   Filed          #     Docket Text
                             MANUALLY-COLLECTED COMPLAINT
1       May 20, 2008   1     COMPLAINT against Falcon Strategies Two LLC, Amacar GP, Inc.,
                             Citigroup Alternative Investments LLC, Citigroup, Inc., Reaz Islam.
                             (Filing Fee $ 350.00, Receipt Number 651978)Document filed by
                             Ferguson Family Trust.(mbe) (mbe). (Entered: 05/22/2008)
2       May 20, 2008         SUMMONS ISSUED as to Falcon Strategies Two LLC, Amacar GP, Inc.,
                             Citigroup Alternative Investments LLC, Citigroup, Inc., Reaz Islam.
                             (mbe) (Entered: 05/22/2008)
3       May 20, 2008         Magistrate Judge Frank Maas is so designated. (mbe) (Entered:
                             05/22/2008)
Req #   Filed          #    Docket Text
4       May 20, 2008        Case Designated ECF. (mbe) (Entered: 05/22/2008)
5       May 20, 2008   2    RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate
                            Parent. Document filed by Ferguson Family Trust.(mbe) (Entered:
                            05/22/2008)
6       May 21, 2008   3    ORDER TO SHOW CAUSE SETTING FORTH BRIEFING SCHEDULE
                            AND HEARING DATE ON PLAINTIFF'S APPLICATION FOR
                            EXPEDITED DISCOVERY AND A PRELIMINARY INJUNCTION: (as
                            amended herein) the above-named defendants shall show cause as to why
                            an Order should not be issued pursuant to F.R.C.P. 65(a) preliminarily
                            enjoining defendants, and any person or entity affiliated with them, from
                            proceeding with any aspect of the tender offer that defendant Falcon
                            Strategies Two LLC commenced on or about 5/8/08, including the
                            acceptance of any tendered shares and the payment for such shares or the
                            issuance of shares to defendant Citigroup, Inc. and/or any affiliates, until
                            such time as the defendants disclose all material information relating to
                            the Tender Offer to Falcon's member/investors. NO REPLY. Any future
                            dates shall be given by the judge assigned to this case or by the Part I
                            Judge after the expedited discovery hearing. NO PREVIOUS
                            APPLICATION FOR THIS RELIEF HAS BEEN MADE. Show Cause
                            Hearing set for 5/30/2008 at 01:00 PM in Courtroom 14D, 500 Pearl
                            Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by
                            Judge Deborah A. Batts on 5/21/08)- Part I (tro) Modified on 5/22/2008
                            (tro). (Entered: 05/22/2008)
7       May 22, 2008   4    FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM
                            MENU - MOTION for Preliminary Injunction and Expedited Discovery
                            by Order to Show Cause is docketed as Entry No. 3, and this
                            Memorandum of Law is filed in Support of such Motion (Memorandum of
                            Law (non-motion)). Document filed by Ferguson Family Trust.(Rudman,
                            Samuel) Modified on 5/22/2008 (jar). (Entered: 05/22/2008)
8       May 22, 2008        ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT
                            TYPE ERROR. Note to Attorney Samuel Rudman to RE-FILE Document
                            4 MOTION for Preliminary Injunction and Expedited Discovery by Order
                            to Show Cause is docketed as Entry No. 3, and this Memorandum of Law
                            is filed in Support of such Motion. Use the document type Memorandum
                            of Law (non-motion) found under the document list Other Answer. (jar)
                            (Entered: 05/22/2008)
9       May 22, 2008   5    MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,,.
                            Document filed by Ferguson Family Trust. (Rudman, Samuel) (Entered:
                            05/22/2008)
10      May 22, 2008   14   NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge
                            P. Kevin Castel is no longer assigned to the case. (laq) (Entered:
                            05/29/2008)
11      May 23, 2008   6    AFFIDAVIT of Samuel H. Rudman in Support re: 3 Order to Show
                            Cause,,,,. Document filed by Ferguson Family Trust. (Attachments: # 1
                            Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rudman, Samuel)
                            (Entered: 05/23/2008)
12      May 23, 2008   7    NOTICE OF APPEARANCE by Michael E. Gertzman on behalf of
                            Falcon Strategies Two LLC, Amacar GP, Inc., Citigroup Alternative
                            Investments LLC, Citigroup, Inc. (Gertzman, Michael) (Entered:
Req #   Filed           #    Docket Text
                             05/23/2008)
13      May 23, 2008    8    NOTICE OF APPEARANCE by Charles Edward Davidow on behalf of
                             Falcon Strategies Two LLC, Amacar GP, Inc., Citigroup Alternative
                             Investments LLC, Citigroup, Inc. (Davidow, Charles) (Entered:
                             05/23/2008)
14      May 28, 2008    9    NOTICE OF APPEARANCE by Sean R. O'Brien on behalf of Reaz Islam
                             (O'Brien, Sean) (Entered: 05/28/2008)
15      May 28, 2008    10   NOTICE OF APPEARANCE by Stephen Thomas Heiser on behalf of
                             Reaz Islam (Heiser, Stephen) (Entered: 05/28/2008)
16      May 28, 2008    11   ENDORSED LETTER addressed to Judge Sidney H. Stein from Samuel
                             R. Rudman dated 5/28/08 re: Counsel for plaintiff requests an extension of
                             time to file the reply to their Motion for Expedited Discovery until
                             5/29/08. ENDORSEMENT: SO ORDERED. (Replies due by 5/29/2008.)
                             (Signed by Judge Sidney H. Stein on 5/28/08) (db) (Entered: 05/28/2008)
17      May 28, 2008    12   MEMORANDUM OF LAW in Opposition to Plaintiff's Application for
                             Expedited Discovery and a Preliminary Injunction. Document filed by
                             Falcon Strategies Two LLC, Amacar GP, Inc., Citigroup Alternative
                             Investments LLC, Citigroup, Inc., Reaz Islam. (Attachments: # 1 Affidavit
                             of Leana Loncarevic)(Davidow, Charles) (Entered: 05/28/2008)
18      May 28, 2008    13   AFFIDAVIT of of James O'Brien in Opposition. Document filed by
                             Falcon Strategies Two LLC, Amacar GP, Inc., Citigroup Alternative
                             Investments LLC, Citigroup, Inc., Reaz Islam. (Attachments: # 1 Exhibit
                             A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6
                             Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11
                             Exhibit J, # 12 Exhibit K, # 13 Affidavit of Leana Loncarevic)(Davidow,
                             Charles) (Entered: 05/28/2008)
19      May 29, 2008         Mailed notice to the attorney(s) of record. (laq) (Entered: 05/29/2008)
20      May 29, 2008    15   REPLY MEMORANDUM OF LAW in Support re: 5 Memorandum of
                             Law in Support of Plaintiffs Application by Order to Show Cause for
                             Expedited Discovery. Document filed by Ferguson Family Trust.
                             (Rudman, Samuel) (Entered: 05/29/2008)
21      May 30, 2008    16   ORDER: The Court denies plaintiff's application for expedited discovery.
                             Plaintiff's Reply to its preliminary injunction motion is due by 6/10/2008.
                             Argument on the application for preliminary injunction is set for
                             6/17/2008 at 03:00 PM before Judge Sidney H. Stein. (Signed by Judge
                             Sidney H. Stein on 5/30/08) (db) (Entered: 05/30/2008)
22      Jun. 09, 2008   17   RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying
                             Citigroup Investments Inc. and Citigroup Inc. as Corporate Parent.
                             Document filed by Falcon Strategies Two LLC, Citigroup Alternative
                             Investments LLC, Citigroup, Inc..(Gertzman, Michael) (Entered:
                             06/09/2008)
23      Jun. 09, 2008   18   RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying
                             Amacar Investments LLC as Corporate Parent. Document filed by Falcon
                             Strategies Two LLC, Amacar GP, Inc., Citigroup Alternative Investments
                             LLC, Citigroup, Inc..(Gertzman, Michael) (Entered: 06/09/2008)
24      Jun. 10, 2008   19   STIPULATION AND ORDER that defendants Falcon Strategies, Amcar
                             GP, Citigroup Alternative Investments, Citigroup Inc, and Reaz Islam
                             shall not be required to answer the complaint, except as further set forth
                             herein. (Signed by Judge Sidney H. Stein on 6/10/08) (cd) (Entered:
Req #   Filed           #    Docket Text
                             06/10/2008)
25      Jun. 10, 2008   20   REPLY MEMORANDUM OF LAW in Support re: 4 MOTION for
                             Preliminary Injunction and Expedited Discovery by Order to Show Cause
                             is docketed as Entry No. 3, and this Memorandum of Law is filed in
                             Support of such Motion.. Document filed by Ferguson Family Trust.
                             (Rudman, Samuel) (Entered: 06/10/2008)
26      Jun. 10, 2008   21   REPLY AFFIDAVIT of Joseph Russello in Support re: 4 MOTION for
                             Preliminary Injunction and Expedited Discovery by Order to Show Cause
                             is docketed as Entry No. 3, and this Memorandum of Law is filed in
                             Support of such Motion.. Document filed by Ferguson Family Trust.
                             (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
                             D)(Rudman, Samuel) (Entered: 06/10/2008)
27      Jun. 11, 2008   22   TRANSCRIPT of proceedings held on 5-30-08 before Judge Sidney H.
                             Stein. (sjo) (Entered: 06/11/2008)
28      Jun. 18, 2008   23   ORDER: For the reasons set forth on the record today, plaintiff's motion
                             for an order pursuant to F.R.C.P. 65(a) preliminarily enjoining defendants
                             form proceeding with the tender offer that defendant Falcon Strategies
                             Two LLC commenced on or about May 8, 2008 is denied. (Signed by
                             Judge Sidney H. Stein on 6/17/2008) (jpo) (Entered: 06/18/2008)
29      Jul. 07, 2008   24   TRANSCRIPT of proceedings held on 6/17/08 before Judge Sidney H.
                             Stein. (ama) (Entered: 07/07/2008)
30      Jul. 18, 2008   25   ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference
                             set for 9/26/2008 at 12:00 PM in Courtroom 23A, 500 Pearl Street, New
                             York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney
                             H. Stein on 7/18/08) (mme) (Entered: 07/18/2008)
31      Jul. 22, 2008   26   NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R.
                             CIV. P. 41 (A) (1) For the reasons set forth in this order, pursuant to Fed.
                             R. Civ. P. 41 (a) (1), Ferguson Family Trust voluntarily dismisses the
                             complaint without prejudice. (Signed by Judge Sidney H. Stein on
                             7/21/08) (mme) (Entered: 07/22/2008)

								
To top