O'Hara v. Raniere (1:12-cv-00252)

MOTION for Leave to Proceed in forma pauperis filed by Joseph J. O'Hara. (Attachments: # 1 Declaration in Support of Motion to Proceed In Forma Pauperis, # 2 Proposed Summons as to Keith A. Raniere, # 3 Proposed Summons as to Nancy Salzman, # 4 Proposed Summons as to Kristin Keeffe, # 5 Proposed Summons as to Clare W. Bronfman, # 6 Proposed Summons as to Sara R. Bronfman, # 7 Proposed Summons as to Executive Success Program, Inc., # 8 Proposed Summons First Principles Incorporated, # 9 Proposed Summons as to NXIVM Corporation, # 10 Proposed Summons as to NXIVM Corporation (a NY Corporation), # 11 Record on Appeal as to NXIVM LLC, # 12 Proposed Summons as to NXIVM Properties LLC, # 13 Proposed Summons as to P. David Soares, # 14 Proposed Summons as to Albany County, NY (Clerk's Office), # 15 Proposed Summons as to Albany County, NY (County Exec), # 16 Proposed Summons as to Proskauer Rose LLP, # 17 Proposed Summons as to Scott A. Eggers, # 18 Proposed Summons as to Scott Harshbarger, # 19 Proposed Summons as to Douglas C. Rennie, # 20 Proposed Summons as to Peter J.W. Sherwin, # 21 Proposed Summons as to O'Connell and Aronowitz, # 22 Proposed Summons as to Stephen R. Coffey, # 23 Proposed Summons Joshua E. McMahon, # 24 Proposed Summons as to Pamela A. Nichols, # 25 Proposed Summons as to Andrew J. Safranko, # 26 Proposed Summons as to Richard H. Weis, # 27 Proposed Summons as to Damon Morey LLP, # 28 Proposed Summons as to Beth A. Bivona, # 29 Proposed Summons as to William F. Savino, # 30 Proposed Summons as to Bernard Schenkler, # 31 Proposed Summons as to Gregory Zini, # 32 Proposed Summons as to Bartolomei & Associates, # 33 Proposed Summons as to John P. Bartolomei). Motions referred to Andrew T. Baxter. (mab) (Entered: 02/10/2012)

DECISION AND ORDER denying Plaintiff's 2 Motion for Leave to Proceed in forma pauperis w/leave to file a supplemental motion by 3/9/2012. The clerk is directed to provide the Plaintiff w/the Court's IFP application form. Signed by US Magistrate Judge Andrew T. Baxter on 2/15/2012. (amt) [Pltf served order and form via reg. mail] (Entered: 02/16/2012)

ORDER directing the case be reassigned to Magistrate Judge Randolph F. Treece for all further proceedings. US Magistrate Judge Andrew T. Baxter no longer assigned to case. Signed by US Magistrate Judge Andrew T. Baxter on 3/29/2012. (amt) [Pltf served via reg. mail] (Entered: 03/29/2012)

Summons Issued as to defendants Raniere, Salzman, Keeffe, C. Bronfman, S. Bronfman, Executive Success Programs, Inc., First Principles Inc., NXIVM Corporation d/b/a Executive Success Programs, NXIVM Corporation, NXIVM LLC, NXIVM Properties LLC, Soares, Albany County (2), Proskauer Rose LLP, Eggers, Harshbarger, Rennie, Sherwin, O'Connell & Aronowitz, Coffey, McMahon, Nichols, Safranko, Weiskopf, Damon Morey LLP, Bivona, Savino, Schenkler, Zini, Bartololei & Associates PC, and Bartolomei. (Attachments: # 1 summons issued as to Nancy Salzman, # 2 summons issued as to Kristin Keeffe, # 3 summons issued as to Clare W. Bronfman, # 4 summons issued as to Sara R. Bronfman, # 5 summons issued as to Executive Success Programs Inc., # 6 summons issued as to First Principles Inc., # 7 summons issued as to NXIVM Corporation d/b/a Executive Success Programs, # 8 summons issued as to NXIVM Corporation, # 9 summons issued as to NXIVM LLC, # 10 summons issued as to NXIVM Properties LLC, # 11 summons issued as to P. David Soares, # 12 summons issued as to Albany County (Thomas Clingan), # 13 summons issued as to Albany County (Daniel McCoy), # 14 summons issued as to Proskauer Rose LLP, # 15 summons issued as to Scott A. Eggers, # 16 summons issued as to Scott Harshbarger, # 17 summons issued as to Dougles Rennie, # 18 summons issued as to Peter J.W. Sherwin, # 19 summons issued as to O'Connell & Aronowitz, # 20 summons issued as to Stephen R. Coffey, # 21 summons issued as to Joshua E. McMahon, # 22 summons issued as to Pamela A. Nichols, # 23 summons issued as to Andrew J. Safranko, # 24 summons issued as to Richard H. Weiskopf, # 25 summons issued as to Damon Morey LLP, # 26 summons issued as to Beth A. Bivona, # 27 summons issued as to William F. Savino, # 28 Summons issued as to Bernard Schenkler, # 29 summons issued as to Gregory Zino, # 30 summons issued as to Bartolomei & Associates PC, # 31 summons issued as to John P. Bartolomei)(sg, ) (Entered: 04/02/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Albany County, New York served on 5/2/2012, answer due 5/23/2012. (nas ) (Entered: 05/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed by McCoy for Albany County. (nas, ) (Entered: 05/11/2012)

NOTICE of Appearance by Thomas Marcelle on behalf of Albany County, New York, P. David Soares (Marcelle, Thomas) (Entered: 05/16/2012)

Letter Motion from Adam G. Giangreco for Albany County, New York, P. David Soares requesting Additional time to file submitted to Judge Sharpe . (Giangreco, Adam) (Entered: 05/16/2012)

ORDER granting 16, Albany County's Letter Request, with the consent of the Plaintiff, seeking an extension. Accordingly, Albany County's time to respond to the Complaint is 6/20/2012. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 5/17/2012. (Treece, Randolph) (Entered: 05/17/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Kristin Keeffe served on 6/1/2012, answer due 6/22/2012. (nas, ) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to NXIVM Corporation(a New York Corporation) served on 6/1/2012, answer due 6/22/2012. (nas ) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Executive Success Programs, Inc. served on 6/1/2012, answer due 6/22/2012. (nas, ) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Bartolomei & Associates PC served on 5/31/2012, answer due 6/21/2012. (nas) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Scott A. Eggers served on 5/30/2012, answer due 6/20/2012. (nas ) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Douglas C. Rennie served on 5/30/2012, answer due 6/20/2012. (nas ) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Scott Harshbarger served on 5/30/2012, answer due 6/20/2012. (nas ) (Entered: 06/04/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Gregory Zini served on 6/1/2012, answer due 6/22/2012. (nas, ) (Entered: 06/05/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Bernard Schenkler served on 6/1/2012, answer due 6/22/2012. (nas, ) (Entered: 06/05/2012)

ACKNOWLEDGMENT OF SERVICE Executed by Stephen Coffey, served on 6/1/2012, answer due 6/22/2012. (mnm) (Entered: 06/05/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Andrew J. Safranko served on 6/4/2012, answer due 6/25/2012. (mnm) (Entered: 06/05/2012)

ACKNOWLEDGMENT OF SERVICE Executed as to Richard H. Weiskopf served on 6/5/2012, answer due 6/26/2012.(mnm) (Entered: 06/08/2012)

MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/2/2012 09:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/16/2012 Reply to Response to Motion due by 7/23/2012. filed by Scott A. Eggers, Scott Harshbarger, Proskauer Rose LLP, Douglas C. Rennie, Peter J.W. Sherwin. (Attachments: # 1 Memorandum of Law In Support of Proskauer Defendants' Motion to Dismiss, # 2 Appendix of Unreported Cases) (Mervis, Michael) (Entered: 06/20/2012)

MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/2/2012 09:30 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/16/2012 Reply to Response to Motion due by 7/23/2012. filed by John P. Bartolomei, Bartolomei & Associates PC. (Attachments: # 1 Declaration of John P. Bartolomei in Support of Motion to Dismiss, # 2 Memorandum of Law in Support of Motion to Dismiss, # 3 Certificate of Service) (Bartolomei, John) (Entered: 06/21/2012)

NOTICE of Appearance by Carrie McLoughlin Noll on behalf of Kristin Keeffe, Keith A. Raniere (Noll, Carrie) (Entered: 06/21/2012)

MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/2/2012 10:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/16/2012 Reply to Response to Motion due by 7/23/2012. filed by Beth A. Bivona, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini. (Attachments: # 1 Memorandum of Law, # 2 Declaration of William F. Savino, # 3 Exhibit(s) A-1, # 4 Exhibit(s) A-2/A, # 5 Exhibit(s) A-2/B, # 6 Exhibit(s) A-3, # 7 Exhibit(s) A-4, # 8 Exhibit(s) A-5, # 9 Exhibit(s) B, # 10 Exhibit(s) C, # 11 Exhibit(s) D, # 12 Exhibit(s) E, # 13 Exhibit(s) F, # 14 Exhibit(s) G, # 15 Declaration of Service) (Savino, William) (Entered: 06/21/2012)

NOTICE of Appearance by Jeffrey J. Sherrin on behalf of O'Connell and Aronowitz (Attachments: # 1 Supplement Certificate of Service)(Sherrin, Jeffrey) (Entered: 06/21/2012)

NOTICE of Appearance by Jeffrey J. Sherrin on behalf of Joshua E. McMahon, Pamela A. Nichols, Andrew J. Safranko, Richard H. Weiskopf (Attachments: # 1 Supplement Certificate of Service)(Sherrin, Jeffrey) (Entered: 06/21/2012)

First MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction Motion Hearing set for 8/2/2012 09:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/16/2012 Reply to Response to Motion due by 7/23/2012. filed by Stephen R. Coffey, Joshua E. McMahon, Pamela A. Nichols, O'Connell and Aronowitz, Andrew J. Safranko, Richard H. Weiskopf. (Attachments: # 1 Memorandum of Law Memorandum of Law, # 2 Appendix Unreported cases in memorandum of law, # 3 Affirmation Affirmation of Jeffrey J. Sherrin, # 4 Exhibit(s) Affirmation Exhibit A, # 5 Exhibit(s) Affirmation Exhibit B, # 6 Exhibit(s) Affirmation Exhibit C, # 7 Exhibit(s) Affirmation Exhibit D, # 8 Supplement Certificate of Service) (Sherrin, Jeffrey) (Entered: 06/21/2012)

NOTICE to plaintiff of his response deadline of 7/16/2012 to the 46 MOTION to Dismiss for Failure to State a Claim, 45 MOTION to Dismiss for Failure to State a Claim, 44 MOTION to Dismiss for Failure to State a Claim, 50 MOTION to Dismiss for Failure to State a Claim, 57 First MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction, 51 MOTION to Dismiss for Failure to State a Claim, 49 MOTION to Dismiss for Failure to State a Claim. (jel, ) (Entered: 06/22/2012)

MOTION for Limited Admission Pro Hac Vice of Jamison Davies Filing fee $100, receipt number 0206-2231811. filed by Scott A. Eggers, Scott Harshbarger, Proskauer Rose LLP, Douglas C. Rennie, Peter J.W. Sherwin. (Attachments: # 1 Proposed Order/Judgment Proposed Order, # 2 Exhibit(s) Petition for Admission to Practice, # 3 Affidavit Of Sponsor, # 4 Exhibit(s) Certificate of Good Standing, # 5 Exhibit(s) New Attorney Registration Form, # 6 Exhibit(s) Certificate of Service) Motions referred to Randolph F. Treece. (Mervis, Michael) (Entered: 06/25/2012)

ORDER granting 59 Motion for Limited Admission Pro Hac Vice of Charles S. Sims, Esq. Signed by Magistrate Judge Randolph F. Treece on 6/26/2012. (mab) (Entered: 06/27/2012)

NOTICE of Appearance by Charles S. Sims on behalf of Scott A. Eggers, Scott Harshbarger, Proskauer Rose LLP, Douglas C. Rennie, Peter J.W. Sherwin (Attachments: # 1 Exhibit(s) Certificate of Service)(Sims, Charles) (Entered: 06/28/2012)

NOTICE by Scott A. Eggers, Scott Harshbarger, Proskauer Rose LLP, Douglas C. Rennie, Peter J.W. Sherwin Notice of Withdrawal of Appearance of Michael T. Mervis (Attachments: # 1 Exhibit(s) Certificate of Service)(Mervis, Michael) (Entered: 06/28/2012)

Summons Returned Unexecuted as to Damon Morey LLP, First Principles Incorporated, Nancy Salzman. (nas, ) (Entered: 06/29/2012)

MOTION for Sanctions Pursuant to Rule 11 Motion Hearing set for 8/2/2012 09:30 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/16/2012 Reply to Response to Motion due by 7/23/2012. filed by John P. Bartolomei. (Attachments: # 1 Declaration in Support of Motion for Sanctions, # 2 Memorandum of Law in Support of Motion for Sanctions, # 3 Declaration of Service) (Bartolomei, John) (Entered: 07/25/2012)

Letter Motion from Charles S. Sims to Judge Sharpe on behalf of Defendants Scott A. Eggers, Scott Harshbarger, Peter J.W.Sherwin, Douglas C. Rennie and Proskauer Rose LLP requesting that the Court grant the ("Proskauer Defendants") Motion to Dismiss and summarily dismiss with prejudice all claims as against said defendants for Scott A. Eggers, Scott Harshbarger, Proskauer Rose LLP, Douglas C. Rennie, Peter J.W. Sherwin submitted to Judge Sharpe . (Sims, Charles) (Entered: 07/25/2012)

Letter Motion from Bernard Schenkler for Beth A. Bivona, Clare W. Bronfman, Sara R. Bronfman, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini requesting Adjournment of Case Management Conference submitted to Judge Treece . (Schenkler, Bernard) (Entered: 07/30/2012)

CERTIFICATE OF SERVICE by Albany County, New York, P. David Soares re 75 Letter Motion from Adam Giangreco for Albany County, New York, P. David Soares requesting To summarily dismiss all claims with prejudice as against Albany County and P. David Soares submitted to Judge Sharpe (Giangreco, Adam) (Entered: 08/13/2012)

Letter Motion from Adam Giangreco for Albany County, New York, P. David Soares requesting That the Court reject Plaintiff's petition to extend deadline in which to respond to Defendants' motion to dismiss, and grant Defendants' motion to dismiss with prejudice. submitted to Judge Sharpe . (Giangreco, Adam) (Entered: 08/16/2012)

ORDER TEMPORARILY POSTPONING O'HARA'S TIME TO RESPOND TO DISPOSITIVE MOTIONS: The Court is keenly aware that nearly a dozen dispositive motions have been filed in this case, which have not been responded to by Plaintiff O'Hara. On August 14, 2012, O'Hara wrote this Court seeking a ninety (90) day postponement of his time to respond to these motions. Dkt. No. 79 . That request has been opposed by at least one party. Dkt. No. 77 . This Court has spoken with Judge Sharpe about this request. Before an extension or postponement is granted, O'Hara must establish that he is truly under physician care to such a degree that is unable to respond timely and accordingly to these motions. Therefore, O'Hara shall file, under seal, such medical report detailing his illness and medical treatment, with the Honorable Gary L. Sharpe, Chief United States District Judge, by August 24, 2012. Until such time Judge Sharpe renders a decision on O'Hara's request, all proceedings are temporarily stayed. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 8/17/2012. (Treece, Randolph) (Entered: 08/17/2012)

***SEALED DOCUMENT by Joseph J. O'Hara. (jel, ) (Entered: 08/22/2012)

NOTICE by Albany County, New York, P. David Soares withdrawal of counsel: Kara M. Frank, Esq. (Giangreco, Adam) (Entered: 11/26/2012)

Letter Motion from William F. Savino, Esq. for Beth A. Bivona, Clare W. Bronfman, Sara R. Bronfman, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini requesting Entry of Stipulation of Dismissal with Prejudice submitted to Judge Sharpe . (Attachments: # 1 Exhibit(s) 1 (Stipulation of Dismissal with Prejudice), # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Declaration of Service)(Schenkler, Bernard) (Entered: 11/27/2012)

Letter Motion from William F. Savino, Esq. for Beth A. Bivona, Clare W. Bronfman, Sara R. Bronfman, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini requesting Opposing Plaintiff O'Hara's Letter Request for an Extension submitted to Judge Sharpe . (Schenkler, Bernard) (Entered: 11/27/2012)

CERTIFICATE OF SERVICE by Albany County, New York, P. David Soares re 89 Letter Motion from Adam Giangreco for Albany County, New York, P. David Soares requesting denial of plaintiff's request for an extension and dismissal of plaintiff's complaint with prejudice submitted to Judge Sharpe (Giangreco, Adam) (Entered: 11/28/2012)

RESPONSE in Opposition re 87 Letter Motion from Joseph J. O'Hara for Joseph J. O'Hara submitted to Judge Gary L. Sharpe filed by John P. Bartolomei. (Bartolomei, John) (Entered: 11/28/2012)

Letter Motion for Kristin Keeffe, Keith A. Raniere requesting Join in Opposition submitted to Judge Sharpe . (Breedlove, Brian) (Entered: 11/28/2012)

Letter Motion from Bernard Schenkler for Beth A. Bivona, Clare W. Bronfman, Sara R. Bronfman, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini requesting Supplementing November 27, 2012 Letter Motion submitted to Judge Sharpe . (Attachments: # 1 Exhibit(s) A (Trustee's Motion including Exhibit A, unexecuted Stipulation of Dismissal) referenced as Exhibit 3 to November 27, 2012 Letter Motion)(Schenkler, Bernard) (Entered: 11/28/2012)

AFFIDAVIT of Service by Clare W. Bronfman, Sara R. Bronfman, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini. (Schenkler, Bernard) (Entered: 11/29/2012)

AFFIDAVIT of Service at Plaintiff's New Address by Beth A. Bivona, Clare W. Bronfman, Sara R. Bronfman, Damon Morey LLP, William F. Savino, Bernard Schenkler, Gregory Zini. (Schenkler, Bernard) (Entered: 12/03/2012)

CERTIFICATE OF SERVICE by Stephen R. Coffey, Executive Success Programs, Inc., Joshua E. McMahon, NXIVM Corporation, NXIVM Corporation(a New York Corporation), NXIVM LLC, NXIVM Properties LLC, Pamela A. Nichols, O'Connell and Aronowitz, Andrew J. Safranko, Nancy Salzman, To-Be-Named NXIVM Senior Counselors, NXIVM Counselors, NXIVM Senior Proctors, NXIVM Proctors, NXIVM Senior Coaches and NXIVM Coaches, Richard H. Weiskopf (Sherrin, Jeffrey) (Entered: 12/04/2012)

LETTER/ORDER - The court is in receipt of plaintiff's request to dismiss his action without prejudice (Dkt. No. 103) and an In Camera Submission. On December 4, 2012, the court entered a Stipulation/Order of Dismissal with Prejudice. (Dkt. No. 101). THEREFORE, IT IS ORDERED, that plaintiff's request is denied as moot and the Clerk is directed to return the In Camera Submission to the plaintiff. Signed by Chief Judge Gary L. Sharpe on 12/12/2012. (jel, ) (Entered: 12/12/2012)