1:21-CV-02334
03/17/2021
Disposed - Other Disposed
Bankruptcy - Other Bankruptcy
Colleen McMahon
Randy Epstein Austin
Jane Epstein
Susan Epstein Gross
Muriel Epstein
Estate of Seymour Epstein
Bernard L. Madoff Investment Securities LLC
Irving H. Picard
SIPC
Helen Davis Chaitman
David J. Sheehan
Nicholas J. Cremona
Seanna R. Brown
Amy Elizabeth Vanderwal
Nathanael Stephen Kelley
Kenneth J. Caputo
Kevin H. Bell
Exhibit Decision and Order, and Judgment
Main Document
Right to Appeal
Main Document
(#38) DECISION AND ORDER ON APPEAL: For the foregoing reasons, the Trustee's motion for summary judgment is granted in favor of the Trustee. The Clerk of this Court is directed to enter judgment as follows: The Epstein Judgment: $1,110,538.16 against the Estate of Seymour Epstein and Muriel Epstein as Executrix of the Seymour Estate and Trustee of the Trusts created by the Last Will and Testament of Seymour Epstein, plus prejudgment interest at a rate of 4% from November 30, 2010 through the date of this order. The Shelburne Judgment: $1,511,900.39 against Shelburne Shirt Company, Inc., plus prejudgment interest at a rate of 4% from November 30, 2010 through the date of this order. This constitutes the decision and order of the court. This is a written opinion. (Signed by Judge Colleen McMahon on 2/17/2022) BY ECF TO ALL PARTIES (kv) Transmission to Orders and Judgments Clerk for processing. (Entered: 02/17/2022)
(#37) LETTER addressed to Judge Colleen McMahon from Helen Davis Chaitman dated November 18, 2021 re: Trustee's letter dated November 16, 2021. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(Chaitman, Helen) (Entered: 11/18/2021)
(#36) LETTER addressed to Judge Colleen McMahon from Seanna R. Brown dated November 16, 2021 re: Appeal of Opinion and Order in Picard v. JABA Assocs., No. 20 cv. 3836 (JGK). Document filed by Irving H. Picard..(Brown, Seanna) (Entered: 11/16/2021)
(#35) SECOND AMENDED DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(bkar) (Entered: 09/29/2021)
DocketAppeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #40 Notice of Appeal, filed by Estate of Seymour Epstein, Jane Epstein, Susan Epstein Gross, Randy Epstein Austin, Muriel Epstein were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/16/2022)
[-] Read LessDocketTransmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #40 Notice of Appeal. (tp) (Entered: 03/16/2022)
[-] Read LessDocket(#40) NOTICE OF APPEAL from #38 Memorandum & Opinion,,, #39 Clerk's Judgment,,,,. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross. Filing fee $ 505.00, receipt number ANYSDC-25866587. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit Decision and Order, and Judgment).(Chaitman, Helen) (Entered: 03/16/2022)
[-] Read LessDocket(#39) CLERK'S JUDGMENT re: #38 Memorandum & Opinion in favor of Irving H. Picard against Estate of Seymour Epstein, Muriel Epstein, in the amount of $1,609,154.58; in favor of Irving H. Picard against Estate of Seymour Epstein in the amount of $2,190,722.95. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order on Appeal dated February 17, 2022, the Trustee's motion for summary judgment is granted in favor of the Trustee. Judgment is entered as follows: The Epstein Judgment: $1,110,538.16 against the Estate of Seymour Epstein and Muriel Epstein as Executrix of the Seymour Estate and Trustee of the Trusts created by the Last Will and Testament of Seymour Epstein, plus prejudgment interest at a rate of 4% from November 30, 2010 through the date of the order, in the amount of $498,616.42. The Shelburne Judgment: $1,511,900.39 against Shelburne Shirt Company, Inc., plus prejudgment interest at a rate of 4% from November 30, 2010 through the date of the order, in the amount of $678,822.56. (Signed by Clerk of Court Ruby Krajick on 2/17/2022) (Attachments: #1 Right to Appeal) (km) (Entered: 02/17/2022)
[-] Read LessDocket(#38) DECISION AND ORDER ON APPEAL: For the foregoing reasons, the Trustee's motion for summary judgment is granted in favor of the Trustee. The Clerk of this Court is directed to enter judgment as follows: The Epstein Judgment: $1,110,538.16 against the Estate of Seymour Epstein and Muriel Epstein as Executrix of the Seymour Estate and Trustee of the Trusts created by the Last Will and Testament of Seymour Epstein, plus prejudgment interest at a rate of 4% from November 30, 2010 through the date of this order. The Shelburne Judgment: $1,511,900.39 against Shelburne Shirt Company, Inc., plus prejudgment interest at a rate of 4% from November 30, 2010 through the date of this order. This constitutes the decision and order of the court. This is a written opinion. (Signed by Judge Colleen McMahon on 2/17/2022) BY ECF TO ALL PARTIES (kv) Transmission to Orders and Judgments Clerk for processing. (Entered: 02/17/2022)
[-] Read LessDocket(#37) LETTER addressed to Judge Colleen McMahon from Helen Davis Chaitman dated November 18, 2021 re: Trustee's letter dated November 16, 2021. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(Chaitman, Helen) (Entered: 11/18/2021)
[-] Read LessDocket(#36) LETTER addressed to Judge Colleen McMahon from Seanna R. Brown dated November 16, 2021 re: Appeal of Opinion and Order in Picard v. JABA Assocs., No. 20 cv. 3836 (JGK). Document filed by Irving H. Picard..(Brown, Seanna) (Entered: 11/16/2021)
[-] Read LessDocket(#35) SECOND AMENDED DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(bkar) (Entered: 09/29/2021)
[-] Read LessDocket(#34) Appellant's REPLY BRIEF. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(Chaitman, Helen) (Entered: 07/12/2021)
[-] Read LessDocket(#33) ORDER granting #32 Letter Motion for Leave to File Excess Pages. Great. Thank you. File a 30 page brief. (Signed by Judge Colleen McMahon on 7/7/2021) (vfr) (Entered: 07/08/2021)
[-] Read LessDocket(#7) LETTER addressed to Judge Colleen McMahon from Helen Davis Chaitman dated 04/15/2021 re: Briefing schedule. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(Chaitman, Helen) (Entered: 04/15/2021)
[-] Read LessDocket(#6) PROPOSED STIPULATION AND ORDER. Document filed by Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross..(Chaitman, Helen) (Entered: 04/12/2021)
[-] Read LessDocket(#5) NOTICE OF APPEARANCE by Amy Elizabeth Vanderwal on behalf of Irving H. Picard..(Vanderwal, Amy) (Entered: 04/09/2021)
[-] Read LessDocket(#4) NOTICE OF APPEARANCE by Seanna R. Brown on behalf of Irving H. Picard..(Brown, Seanna) (Entered: 04/09/2021)
[-] Read LessDocket(#3) DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Randy Epstein Austin, Jane Epstein, Muriel Epstein, Estate of Seymour Epstein, Susan Epstein Gross. (Attachments: #1 Statement of Issues)(bkar) (Entered: 03/29/2021)
[-] Read LessDocketCase Designated ECF. (gp) (Entered: 03/18/2021)
[-] Read LessDocketNOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Katherine Polk Failla is no longer assigned to the case. (laq) (Entered: 03/18/2021)
[-] Read LessDocketMagistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar) (Entered: 03/17/2021)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed. (bkar) (Entered: 03/17/2021)
[-] Read LessDocket(#1) NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Judgment of Judge Cecelia G. Morris dated February 4, 2021. Bankruptcy Court Case Numbers: 10-4438A, 08-1789 (CGM). Certified copies of file received.Document filed by Susan Epstein Gross, Estate of Seymour Epstein, Jane Epstein, Randy Epstein Austin, Muriel Epstein. (Attachments: #1 Exhibit 1)(bkar) (Entered: 03/17/2021)
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