This case was last updated from PACER on 02/11/2021 at 02:12:35 (UTC).

Davito et al v. Amtrust Bank

Case Summary

On 09/04/2009 Davito filed an Other lawsuit against Amtrust Bank. This case was filed in U.S. District Courts, New York Eastern District. The Judge overseeing this case is Brian M. Cogan. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:09-CV-03858

  • Filing Date:

    09/04/2009

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other

Judge Details

Presiding Judge

Brian M. Cogan

 

Party Details

Plaintiffs

John J. Davito

Santa Devito

Defendant

Federal Deposit Insurance Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Cory L. Zajdel

Attorney at Z LAW, LLC

8830 Orchard Tree Lane, Ste 117

Towson, MD 21286

Catherine Elizabeth Anderson

Attorney at Giskan Solotaroff & Anderson, LLP

11 Broadway, Suite 2150

New York, NY 10004

Oren Giskan

Attorney at Giskan & Solotaroff

207 West 25Th Street, 4Th Floor

New York, NY 10001

Defendant Attorneys

Leigh Michele Nemetz

Attorney at Baker Botts

30 Rockefeller Plaza

New York, NY 10112

William F. Kuntz, II

Attorney at Baker & Hostetler LLP

45 Rockefeller Plaza

New York, NY 10111

Richard P Sobiecki

Attorney at Baker Botts LLP

1299 Pennsylvania Ave, Nw

Washington, DC 20004

Deborah Hilarie Renner

Attorney at Baker & Hostetler LLP

45 Rockefeller Plaza, 11Th Floor

New York, NY 10111

Sylvia Jeanine Conley

Attorney at Baker & Hostetler LLP

45 Rockefeller Plaza

New York, NY 10111

David A. Super

 

Court Documents

#60

(#60) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/17/10, before Judge Cogan. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2011. Redacted Transcript Deadline set for 7/7/2011. Release of Transcript Restriction set for 9/6/2011. (Rudolph, Gene) (Entered: 06/06/2011)

#59

(#59) CLERK'S JUDGMENT dated 5/2/11 that plaintiffs' motion for costs pursuant to 28:1927 is denied; that plaintiffs' motion for attorneys' fees and costs is granted in part and denied in part; that plaintiffs' motion to withdraw their motion for Rule 11 sanction is granted; and that judgment is hereby entered in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Robert C. Heinemann, Clerk of Court on 5/2/2011 ) (Guzzi, Roseann) (Entered: 05/05/2011)

#58

(#58) MEMORANDUM DECISION AND ORDER dated 4/29/11 that plaintiffs' #42 Motion for costs pursuant to 28:1927 is denied. Plaintiffs' #45 Motion for Attorney Fees and costs is granted in part and denied in part. Plaintiffs' #48 Motion to withdraw their motion for Rule 11 sanctions is granted. The Clerk of the Court is directed to enter judgment in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Judge Brian M. Cogan on 4/29/11 ) *Forwarded for jgm. (Guzzi, Roseann) (Entered: 05/02/2011)

#57

(#57) Letter regarding Supplemental Declaration of Oren Giskan by Federal Deposit Insurance Corporation (Sobiecki, Richard) (Entered: 01/05/2011)

56 #2

Exhibit A

#56

(#56) AFFIDAVIT/DECLARATION in Support re #45 MOTION for Attorney Fees And Expenses by Oren Giskan filed by John J. Davito, Santa Devito. (Attachments: #1 Exhibit A, #2 Exhibit B) (Anderson, Catherine) (Entered: 01/04/2011)

#48

(#58) MEMORANDUM DECISION AND ORDER dated 4/29/11 that plaintiffs' #42 Motion for costs pursuant to 28:1927 is denied. Plaintiffs' #45 Motion for Attorney Fees and costs is granted in part and denied in part. Plaintiffs' #48 Motion to withdraw their motion for Rule 11 sanctions is granted. The Clerk of the Court is directed to enter judgment in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Judge Brian M. Cogan on 4/29/11 ) *Forwarded for jgm. (Guzzi, Roseann) (Entered: 05/02/2011)

#45

(#51) REPLY in Support re #45 MOTION for Attorney Fees And Expenses Plaintiffs' Reply Memorandum Of Law In Further Support Of Motion For Award Of Attorney's Fees and Expenses filed by John J. Davito, Santa Devito. (Anderson, Catherine) (Entered: 12/23/2010)

#42

(#53) REPLY in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by John J. Davito, Santa Devito. (Anderson, Catherine) (Entered: 12/23/2010)

#6

(#6) Letter / Joint Pre-Initial Status Conference Letter by Amtrust Bank (Kuntz, William) (Entered: 10/16/2009)

5 #3

Proposed Order

5 #2

Affidavit of Cory L. Zajdel, Esq. in Support of Pro Hac Vice Motion

#5

(#5) Notice of MOTION for Leave to Appear Pro Hac Vice (Cory L. Zajdel, Esq.) by John J. Davito, Santa Devito. (Attachments: #1 Affidavit of Cory L. Zajdel, Esq. in Support of Pro Hac Vice Motion, #2 Proposed Order) (Zajdel, Cory) (Entered: 10/15/2009)

#4

ORDER TO ANSWER re #4 Stipulation filed by Amtrust Bank. Amtrust Bank answer due 11/2/2009. Ordered by Judge Brian M. Cogan on 9/29/2009. (Cogan, Brian) (Entered: 09/29/2009)

#3

(#3) SUMMONS Returned Executed by John J. Davito, Santa Devito. Amtrust Bank served on 9/11/2009, answer due 10/1/2009. (Anderson, Catherine) (Entered: 09/23/2009)

#2

Set/Reset Hearings: Due to a change in the Court's calendar, the Initial Status Conference previously scheduled for 10/21/09 is reset to 11/5/09 at 3:30 p.m. in Chambers 717S. The parties are reminded to bring to the conference a completed civil case management plan, see #2 . (Weisberg, Peggy) (Entered: 10/21/2009)

1 #2

Civil Cover Sheet

#1

(#1) COMPLAINT against Amtrust Bank Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by John J. Davito, Santa Devito. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/08/2009)

105 More Documents Available

 

Docket Entries

  • 06/06/2011
  • View Court Documents
  • Docket(#60) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/17/10, before Judge Cogan. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2011. Redacted Transcript Deadline set for 7/7/2011. Release of Transcript Restriction set for 9/6/2011. (Rudolph, Gene) (Entered: 06/06/2011)

    Read MoreRead Less
  • 05/05/2011
  • View Court Documents
  • Docket(#59) CLERK'S JUDGMENT dated 5/2/11 that plaintiffs' motion for costs pursuant to 28:1927 is denied; that plaintiffs' motion for attorneys' fees and costs is granted in part and denied in part; that plaintiffs' motion to withdraw their motion for Rule 11 sanction is granted; and that judgment is hereby entered in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Robert C. Heinemann, Clerk of Court on 5/2/2011 ) (Guzzi, Roseann) (Entered: 05/05/2011)

    Read MoreRead Less
  • 05/02/2011
  • View Court Documents
  • Docket(#58) MEMORANDUM DECISION AND ORDER dated 4/29/11 that plaintiffs' #42 Motion for costs pursuant to 28:1927 is denied. Plaintiffs' #45 Motion for Attorney Fees and costs is granted in part and denied in part. Plaintiffs' #48 Motion to withdraw their motion for Rule 11 sanctions is granted. The Clerk of the Court is directed to enter judgment in the amount of $44,015.11 payable in a receivership certificate. ( Ordered by Judge Brian M. Cogan on 4/29/11 ) *Forwarded for jgm. (Guzzi, Roseann) (Entered: 05/02/2011)

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  • 01/05/2011
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  • Docket(#57) Letter regarding Supplemental Declaration of Oren Giskan by Federal Deposit Insurance Corporation (Sobiecki, Richard) (Entered: 01/05/2011)

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  • 01/04/2011
  • View Court Documents
  • Docket(#56) AFFIDAVIT/DECLARATION in Support re #45 MOTION for Attorney Fees And Expenses by Oren Giskan filed by John J. Davito, Santa Devito. (Attachments: #1 Exhibit A, #2 Exhibit B) (Anderson, Catherine) (Entered: 01/04/2011)

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  • 12/27/2010
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  • Docket(#55) Letter responding to new argument raised in Plaintiffs' reply brief in support of motion for attorneys' fees by Federal Deposit Insurance Corporation (Sobiecki, Richard) (Entered: 12/27/2010)

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  • 12/23/2010
  • View Court Documents
  • Docket(#54) AFFIDAVIT/DECLARATION in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by John J. Davito, Santa Devito. (Anderson, Catherine) (Entered: 12/23/2010)

    Read MoreRead Less
  • 12/23/2010
  • View Court Documents
  • Docket(#53) REPLY in Support re #42 MOTION for Sanctions and Costs Pursuant To Rule 11 and 28 USC 1927 filed by John J. Davito, Santa Devito. (Anderson, Catherine) (Entered: 12/23/2010)

    Read MoreRead Less
  • 12/23/2010
  • View Court Documents
  • Docket(#52) AFFIDAVIT/DECLARATION in Support re #45 MOTION for Attorney Fees And Expenses filed by John J. Davito, Santa Devito. (Anderson, Catherine) (Entered: 12/23/2010)

    Read MoreRead Less
  • 12/23/2010
  • View Court Documents
  • Docket(#51) REPLY in Support re #45 MOTION for Attorney Fees And Expenses Plaintiffs' Reply Memorandum Of Law In Further Support Of Motion For Award Of Attorney's Fees and Expenses filed by John J. Davito, Santa Devito. (Anderson, Catherine) (Entered: 12/23/2010)

    Read MoreRead Less
72 More Docket Entries
  • 10/21/2009
  • View Court Documents
  • DocketSet/Reset Hearings: Due to a change in the Court's calendar, the Initial Status Conference previously scheduled for 10/21/09 is reset to 11/5/09 at 3:30 p.m. in Chambers 717S. The parties are reminded to bring to the conference a completed civil case management plan, see #2 . (Weisberg, Peggy) (Entered: 10/21/2009)

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  • 10/16/2009
  • View Court Documents
  • Docket(#6) Letter / Joint Pre-Initial Status Conference Letter by Amtrust Bank (Kuntz, William) (Entered: 10/16/2009)

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  • 10/15/2009
  • View Court Documents
  • Docket(#5) Notice of MOTION for Leave to Appear Pro Hac Vice (Cory L. Zajdel, Esq.) by John J. Davito, Santa Devito. (Attachments: #1 Affidavit of Cory L. Zajdel, Esq. in Support of Pro Hac Vice Motion, #2 Proposed Order) (Zajdel, Cory) (Entered: 10/15/2009)

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  • 09/29/2009
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  • DocketORDER TO ANSWER re #4 Stipulation filed by Amtrust Bank. Amtrust Bank answer due 11/2/2009. Ordered by Judge Brian M. Cogan on 9/29/2009. (Cogan, Brian) (Entered: 09/29/2009)

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  • 09/29/2009
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  • Docket(#4) STIPULATION and Proposed Order Extending Defendant AmTrust Bank's Time to Respond to the Complaint by Amtrust Bank (Kuntz, William) (Entered: 09/29/2009)

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  • 09/23/2009
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  • Docket(#3) SUMMONS Returned Executed by John J. Davito, Santa Devito. Amtrust Bank served on 9/11/2009, answer due 10/1/2009. (Anderson, Catherine) (Entered: 09/23/2009)

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  • 09/09/2009
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  • Docket(#2) SCHEDULING ORDER: Initial Status Conference is set for 10/21/2009 at 2:30 PM in Chambers 717S. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Judge Brian M. Cogan on 9/9/2009. (Weisberg, Peggy) (Entered: 09/09/2009)

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  • 09/04/2009
  • DocketSummons Issued as to Amtrust Bank. (Davis, Kimberly) (Entered: 09/08/2009)

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  • 09/04/2009
  • DocketFILING FEE: $ 350.00, receipt number 4653007997 (Davis, Kimberly) (Entered: 09/08/2009)

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  • 09/04/2009
  • View Court Documents
  • Docket(#1) COMPLAINT against Amtrust Bank Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by John J. Davito, Santa Devito. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/08/2009)

    Read MoreRead Less
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