29.April 2010 / 4.Oktober 2007: Klage einer Einzelperson gegen die SH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Federal Republic of Germany, Norddeutsche Landesbank, Girozentrale Hannover; Klage wegen angeblichem Vertragsbruchs, basierend auf Kommunalanleihen aus den 1920er Jahren und nichterfolger Rückzahlung ab 1933, angeblicher Anspruch inkl. Zinsen mindestens 50.000.000 USD. Die beklagten Banken wenden Verjährung und fehlende Rechtsgrundlagen ein.
Verfahrensdokumente:Kupfer v LBBW et al; Memorandum re Motion to Dismiss by Defendants
Hier finden Sie die einzelnen Verfahrensschritte:
| Date Filed | # | Docket Text |
|---|---|---|
| 10/03/2007 | 1 |
COMPLAINT against HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Federal Republic of Germany, Norddeutsche Landesbank, Girozentrale Hannover. (Filing Fee $ 350.00, Receipt Number 628632)Document filed by Charles Kupfer.(dle) (mov). (Entered: 10/04/2007) |
| 10/03/2007 | SUMMONS ISSUED as to HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Federal Republic of Germany, Norddeutsche Landesbank, Girozentrale Hannover. (dle) (Entered: 10/04/2007) | |
| 10/03/2007 | CASE REFERRED TO Judge Gerald E. Lynch as possibly related to 1:05-cv-10669. (dle) (Entered: 10/04/2007) | |
| 10/03/2007 | Case Designated ECF. (dle) (Entered: 10/04/2007) | |
| 10/15/2007 | CASE DECLINED AS NOT RELATED. Case referred as related to 1:05-cv-10669 and declined by Judge Gerard E. Lynch and returned to wheel for assignment. (laq) (Entered: 10/17/2007) | |
| 10/15/2007 | 2 |
NOTICE OF CASE ASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (laq) (Entered: 10/17/2007) |
| 10/15/2007 | Magistrate Judge Andrew J. Peck is so designated. (laq) (Entered: 10/17/2007) | |
| 10/17/2007 | Emailed notice to the attorney(s) of record. (laq) (Entered: 10/17/2007) | |
| 02/21/2008 | 3 |
ORDER: Plaintiff’s counsel communicate with the court, in writing, as to why plaintiff has failed to serve the summons and complaint within 120 days as prescribed by Rule 4(m) of the Federal Rules of Civil Procedure, or, if you believe that the defendant has been served, when and in what manner such service was made. It is further ordered, that if we do not receive any communication from plaintiff’s counsel by Wednesday, February 27, 2008, showing good cause why such service was not made within 120 days, the court will dismiss the case far lack of prosecution. (Signed by Judge Paul A. Crotty on 2/21/08) (mr) (Entered: 02/21/2008) |
| 02/27/2008 | 4 |
ENDORSED LETTER addressed to Judge Paul A. Crotty from Edward D. Fagan dated 2/27/08 re: in receipt of the Court’s 2/21/08 Order to Show Cause counsel wishes to advise the Court of the Service as listed herein. Counsel requests that the Court consider this response and permit Plaintiff to continue prosecution of this case. ENDORSEMENT: The court grants another 60 days is which to serve process. (Signed by Judge Paul A. Crotty on 2/27/08) (tro) (Entered: 02/27/2008) |
| 05/08/2008 | 5 |
REQUEST FOR WAIVER OF SERVICE sent to All Defendants. Document filed by Charles Kupfer. Request for Waiver Mailed on 4/29/2008. Waiver of Service due by 4/29/2008. (Fagan, Edward) (Entered: 05/08/2008) |
| 05/16/2008 | Calendar Entry: Pretrial Conference set for 5/19/2008 at 04:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by chambers by: Marlon Ovalles – CRD). (mov) (Entered: 05/19/2008) | |
| 05/18/2008 | 6 |
CERTIFICATE OF SERVICE. HSH Nordbank AG served on 5/16/2008, answer due 6/5/2008; Helaba Landesbank Hessen-Thueringen Frankfurt Am Main served on 5/16/2008, answer due 6/5/2008; Girozentrale Hannover served on 5/16/2008, answer due 6/5/2008. Service was accepted by As noted on Attachment to Declaration of Service. Document filed by Charles Kupfer. (Fagan, Edward) (Entered: 05/18/2008) |
| 05/19/2008 | Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 5/19/2008. Remark: Oral status report given by counsel for plaintiff. An IPTC will be scheduled once the defendants appear. See transcript for complete details. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via „Courtflow.“ (mov) (Entered: 05/19/2008) | |
| 06/03/2008 | 7 |
NOTICE OF APPEARANCE by Jeffrey Harris on behalf of HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank, Girozentrale Hannover (Harris, Jeffrey) (Entered: 06/03/2008) |
| 06/12/2008 | Calendar Entry: Pre-Motion Conference set for 6/18/2008 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by chambers – By: Marlon Ovalles – CRD). (mov) (Entered: 06/12/2008) | |
| 06/17/2008 | 8 |
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Norddeutsche Landesbank, Girozentrale Hannover.(Harris, Jeffrey) (Entered: 06/17/2008) |
| 06/17/2008 | 9 |
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HSH Nordbank AG.(Harris, Jeffrey) (Entered: 06/17/2008) |
| 06/17/2008 | 10 |
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WestLB AG, Duesseldorf.(Harris, Jeffrey) (Entered: 06/17/2008) |
| 06/17/2008 | 11 |
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Helaba Landesbank Hessen-Thueringen Frankfurt Am Main.(Harris, Jeffrey) (Entered: 06/17/2008) |
| 06/17/2008 | 12 |
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LBBW Landesbank Baden-Wuerttemberg Stuttgart.(Harris, Jeffrey) (Entered: 06/17/2008) |
| 06/18/2008 | Remark: Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 6/18/2008. Once defendant „Federal Republic of Germany“ is served, counsel for both parties shall meet and confer with respect to motion schedules as discussed in open court. No pre-motion conference is necessary. Once the parties have agreed upon a schedule, it should be submitted to the Court for approval. Courtesy Copy of the Complaint given to the Court. A PDF of the Complaint will appear on ECF by Thursday, June 19, 2008. The defendants listed on the docket sheet will be updated by the Court as discussed in open court. See transcript for complete details of this conference. See transcript for complete details of this conference. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via „Courtflow.“ (mov) (Entered: 06/18/2008) | |
| 10/07/2008 | Calendar Entry: Pre-Motion Conference set for 10/21/2008 at 04:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by: Marlon Ovalles – Courtroom Deputy). (mov) (Entered: 10/07/2008) | |
| 10/15/2008 | Calendar Entry: Pre-Motion Conference set for 10/23/2008 (NOT 10/21/2008) at 04:45 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (re-set via e-mail by: Marlon Ovalles – Courtroom Deputy). (mov) (Entered: 10/15/2008) | |
| 10/22/2008 | Calendar Entry **TIME CHANGE**: Pre-Motion Conference set for 10/23/2008 at 03:45 PM (NOT 4:45 PM) in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (re-set via e-mail by: Marlon Ovalles – Courtroom Deputy). (mov) (Entered: 10/22/2008) | |
| 10/23/2008 | Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 10/23/2008. The briefing schedule on plaintiffs (PSJ) and defendants (MTD) motions is as follows: Motions by: 11/07/2008, Response by: 12/05/2008 and Reply by: 12/192008. Transcript of this conference not available since it was not held in the courtroom. (mov) (Entered: 11/17/2008) | |
| 11/07/2008 | 13 | MOTION to Dismiss pursuant to Rule 12(b)(6). Document filed by HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank Girozentrale Hannover. Responses due by 12/5/2008(Harris, Jeffrey) (Entered: 11/07/2008) |
| 11/07/2008 | 14 | MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss pursuant to Rule 12(b)(6). MOTION to Dismiss pursuant to Rule 12(b)(6).. Document filed by HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank Girozentrale Hannover. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Harris, Jeffrey) (Entered: 11/07/2008) |
| 12/11/2008 | 15 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Edward D. Fagan dated 12/10/2008 re: Counsel request that the Court modify the present briefing schedule as follows: Plaintiff response to defendant’s Motion to dismiss: Dec. 22, 2008. Defendant’s reply: Jan 9, 2009. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 12/11/2008) (jfe) (Entered: 12/11/2008) |
| 01/05/2009 | 16 | ORDER: On December 11,2008, the Supreme Court of New York, Appellate Division, First Department. disbarred Edward D. Fagan, the attorney for Plaintiff Charles Kupfer, for actions unrelated to this matter. See In re Fagan, M-2732, M-3148, M-3193, 2008 N. Y. App. Div. LEXIS 9544 (App. Div. 1st Dept. Dec. 11, 2008); see also Noeleen G. Walder, Lawyer Disbarred For Failing to Pay Sanctions, Fees in Holocaust Case, N.Y.L.J., Dec. 12, 2008, at 1. Out of a concern that the Plaintiff in this matter be adequately represented, the Court, on its own motion, will grant the Plaintiff 60 days from the date of this Order to obtain new counsel. All motion deadlines in this case will be suspended until further notice. The Court will dismiss this case if Plaintiff does not obtain and notify the Court of new counsel before the end of the day on Friday, March 6, 2009. (Signed by Judge Paul A. Crotty on 1/5/2009) Copies Mailed By Chambers.(jfe) (Entered: 01/05/2009) |
| 03/06/2009 | ***DELETED DOCUMENT. Deleted document number 17 Declaration of Charles Kupfer. The document was incorrectly filed in this case. (djc) (Entered: 03/17/2009) | |
| 03/25/2009 | 17 | MEMO ENDORSEMENT re: Declaration of Charles Kupfer. ENDORSEMENT: A conference will be set for April 7,2009 at 2:45 PM in Courtroom 20-C. Mr. Kupfer is instructed not to bring Mr. Fagan to the conference or to consult with him further pending discussion at the conference schedule above. So Ordered. Paul A. Crotty, U.S.D.J. (Status Conference set for 4/7/2009 at 02:45 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 3/25/09) Copies Mailed and E-mailed by Chambers.(db) Modified on 4/10/2009 (db). (Entered: 03/25/2009) |
| 04/07/2009 | 19 | ORDER: For the reasons stated on the record, at the Pretrial Conference held on Tuesday, April 7, 2009, the Clerk of Court is directed to; (1) strike the Amended Complaint filed on April 6, 2009 (Document # 18); (2) terminate former counsel to Plaintiff, Mr. Edward Fagan, in light of the Court’s Order dated January 5, 2009 (Document # 16), as well as the Court’s Memo-Endorsement dated March 25, 2009 (Document # 17); and (3) terminate Defendant’s Motion To Dismiss‘ (Document # 13). The Pro Se Plaintiff, Mr. Charles Kupfer, has until May 4, 2009 to retain new counsel. In the event Mr. Kupfer is unable to retain new counsel, he shall file an Amended Complaint with the Court’s Pro Se Office on May 4, 2009. If new counsel is retained, the Court will schedule a Pretrial Conference when an appearance is filed. See transcript for complete details of this proceeding. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via „Courtflow.“ SO ORDERED. (Signed by Judge Paul A. Crotty on 4/7/2009) (tve) Modified on 4/8/2009 (tve). (Entered: 04/08/2009) |
| 04/07/2009 | ***STRICKEN DOCUMENT. Deleted document number 18 Amended Complaint from the case record. The document was stricken from this case pursuant to 19 Order. (tve) (Entered: 04/08/2009) | |
| 04/07/2009 | Set/Reset Deadlines: Amended Pleadings due by 5/4/2009. (tve) (Entered: 04/08/2009) | |
| 04/07/2009 | Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference held on 4/7/2009. See transcript and the April 7, 2009 Order for complete details of this proceeding. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via „Courtflow.“ (mov) (Entered: 04/20/2009) | |
| 05/04/2009 | 20 | ENDORSED E-MAIL addressed to Marlon Ovalles, Courtroom Deputy to Judge Paul A. Crotty from Nicholas Penkovsky dated May 1, 2009 re: I am requesting that the Court permit Mr. Kupfer a sixty (60) day extension of this deadline (Tuesday, June 30, 2009) to avoid prejudice to Mr. Kupfer and potential procedural entanglements. I wish to advise the Court that this month I will be traveling to the West Coast for approximately one week to attend the graduation of one of my children and will be unable to attend to this matter. ENDORSEMENT: The Court will extent the filing deadline for Mr. Kupfers complaint from today, May 4, 2009 until May 11, 2009 by 5PM EST. So Ordered.( Amended Pleadings due by 5/11/2009.) (Signed by Judge Paul A. Crotty on May 4, 2009) (mov) (Entered: 05/04/2009) |
| 05/06/2009 | 21 | ENDORSED E-MAIL addressed to Mr. Marlon Ovalles, Courtroom Deputy from Nicholas Penkovsky dated May 4, 2009 re: We are now asking that the Court grant us until Monday, May 11, 2009 to file a Notice of Appearance on behalf of the plaintiff and then grant us 45-60 days to respond to the Rule 12 (b)(6) motion. In the event this firm is not retained before said date, then Mr. Kupfer will file his Pro Se Amended Complaint in compliance with today’s Memo Endorsed Order…Nonetheless, we ask that the Court grant us 60 days after May 11, 2009 to respond to Defendant’s Motion. ENDORSEMENT: Notice of Appearance is to be filed by May 11, 2009 and plaintiff will have 45 days (June 25, 2009) to respond to the 12 (b) (6) motion. So Ordered. (Responses due by 6/25/2009). (Signed by Judge Paul A. Crotty on May 6, 2009) (mov) (Entered: 05/06/2009) |
| 05/10/2009 | 22 | AMENDED COMPLAINT amending 1 |
| 05/27/2009 | 23 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Charles Kupfer dated May 15, 2009 re: I filed the Amended Complaint on May 11, 2009Notifying the Court that I am a Pro Se Plaintiff and that anything that is to be filed and served upon me has to be done in accordance with the Rules governing Pro Se Cases.Request that a Pre-Trial Conference be convened as the Court’s earliest convenience so my claims can be moved forward. ENDORSEMENT: The time to answer the Amended Complaint (filed on May 11, 2009) is set for Friday, June 5, 2009. The parties should exchange contact data including phone, fax, and e-mail (if available). So Ordered. (Signed by Judge Paul A. Crotty on May 27, 2009) (mov) (Entered: 05/27/2009) |
| 05/27/2009 | Set/Reset Deadlines: DekaBank Deutsche Gironzentrale answer due 6/5/2009; Deutsche Landesbankenzentrale answer due 6/5/2009; HSH Nordbank AG answer due 6/5/2009; WestLB AG, Duesseldorf answer due 6/5/2009; Helaba Landesbank Hessen-Thueringen Frankfurt Am Main answer due 6/5/2009; LBBW Landesbank Baden-Wuerttemberg Stuttgart answer due 6/5/2009; Federal Republic of Germany answer due 6/5/2009; Norddeutsche Landesbank Girozentrale Hannover answer due 6/5/2009. (mov) (Entered: 05/27/2009) | |
| 05/27/2009 | Chambers Remark: A copy of the May 27, 2009 endorsed letter was mailed via USPS to Mr. Kupfer by: Marlon Ovalles – Courtroom Deputy. (mov) (Entered: 05/27/2009) | |
| 06/04/2009 | 24 | MOTION to Dismiss the Amended Complaint. Document filed by HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank Girozentrale Hannover. Responses due by 6/22/2009(Harris, Jeffrey) (Entered: 06/04/2009) |
| 06/04/2009 | 25 |
MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Amended Complaint.. Document filed by HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank Girozentrale Hannover. (Harris, Jeffrey) (Entered: 06/04/2009) |
| 07/21/2009 | 26 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Charles Kupfer dated July 6, 2009 re: Extension until July 31, 2009 by which to file my responsive papers, which will include a Cross Motion for Summary Judgment and for other relief and that a conference be set at the Courts earliest convenience. ENDORSEMENT: Pro Se plaintiff may file his response by July 31, 2009. After defendants file their replies the Court will schedule a conference. SO ORDERED. (Signed by Judge Paul A. Crotty on July 21, 2009) Copies Mailed By Chambers.(mov) (Entered: 07/21/2009) |
| 08/10/2009 | 27 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Charles Kupfer dated July 31, 2009 re: request a brief extension until August 18, 2009 by which to submit my papers (response to Defendants motion to dismiss).ENDORSEMENT: Pro Se plaintiff Kupfer may have until August 18, 2009 to submit his papers. (Signed by Judge Paul A. Crotty on August 10, 2009) (mov) (ae). Modified on 8/19/2009 (mov). (Entered: 08/10/2009) |
| 08/18/2009 | 29 | DECLARATION of Charles Kupfer. (mbe) (Entered: 08/28/2009) |
| 08/28/2009 | 28 | REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Amended Complaint.. Document filed by HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank Girozentrale Hannover. (Harris, Jeffrey) (Entered: 08/28/2009) |
| 09/17/2009 | 30 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Charles Kupfer dated 9/8/2009 re: Plaintiff writes to advise the Court that he will make sure that whatever additional papers he believe need to be filed are filed promptly after Mr. Harris has properly served him, so that hopefully Your Honor can call a conference before the end of September 2009. ENDORSEMENT: Application GRANTED. The conference is set for Friday, 9/25/09 at 10:00 a.m., in Courtroom 20-C. So Ordered. (Signed by Judge Paul A. Crotty on 9/17/2009) (jfe) (Entered: 09/17/2009) |
| 09/25/2009 | Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 9/25/2009. REMARK: The Court will consider the fully briefed motion. See transcript for complete details of this proceeding. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via „Courtflow.“ (mov) (Entered: 09/25/2009) | |
| 03/29/2010 | 31 | ORDER that the Court denies, without prejudice, defendants‘ motion to dismiss the breach of contract claim (count one). The Court, however grants defendants‘ motion to dismiss all remaining claims (counts two-six) of the complaint. The parties are directed to appear for a status conference on 4/29/10 at 4:15 p.m. The Clerk of the Court is directed to close out the pending motion in this case (dkt. #24). (Signed by Judge Paul A. Crotty on 3/29/10) (Entered: 03/29/2010) |
| 03/29/2010 | Set/Reset Hearings: Status Conference set for 4/29/2010 at 04:15 PM before Judge Paul A. Crotty. (dle) (Entered: 03/29/2010) | |
| 04/02/2010 | 32 | ANSWER to Amended Complaint. Document filed by HSH Nordbank AG, WestLB AG, Duesseldorf, Helaba Landesbank Hessen-Thueringen Frankfurt Am Main, LBBW Landesbank Baden-Wuerttemberg Stuttgart, Norddeutsche Landesbank Girozentrale Hannover. Related document: 22 Amended Complaint, filed by Charles Kupfer.(Harris, Jeffrey) (Entered: 04/02/2010) |
| 04/28/2010 | Calendar Entry *REMINDER & COURTROOM CHANGE*: Pretrial Conference set for Thursday, April 29, 2010 at 04:15 PM in Courtroom 6A (*NOT 20-C), before Judge Paul A. Crotty (By: Marlon Ovalles – Courtroom Deputy). (mov) (Entered: 04/28/2010) | |
| 04/29/2010 | Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 4/29/2010. REMARK: Mr. Kupfer was given additional time to retain counsel. The next conference will go forward on Thursday, June 10, 2010 at 3:30 PM in Courtroom 20-C. In the event Mr. Kupfer does not retain counsel by June 10, a request to adjourn the conference will be expected. See transcript for complete details of this proceeding. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via „Courtflow.“ (mov) (Entered: 05/03/2010) |
