Barnet et al v. Ministry of Culture and Sports of the Hellenic Republic
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:18-cv-04963 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:2201dj Declaratory Judgment |
| Case Filed: | Jun 05, 2018 |
| Terminated: | Jul 17, 2020 |
| Last checked: Sunday Dec 02, 2018 3:36 AM EST |
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Defendant
Ministry of Culture and Sports of the Hellenic Republic
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Represented By
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Plaintiff
Howard J. Barnet
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Represented By
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Plaintiff
Jane L. Barnet
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Represented By
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Plaintiff
Peter L. Barnet
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Represented By
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Plaintiff
Sothebys Inc.
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Represented By
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| Docket last updated: 04/21/2024 11:59 PM EDT |
| Friday, July 17, 2020 | ||
| 37 | 37
1
pgs
order
Order of Dismissal
Fri 07/17 11:09 AM
ORDER: On June 9, 2020, the Second Circuit Court of Appeals issued in an opinion remanding this case with instructions to dismiss this case for lack of subject matter jurisdiction. (Dkt. #35). The Second Circuit's mandate issued on July 16, 2020. (Dkt. #36). Accordingly, this case is hereby DISMISSED for lack of subject matter jurisdiction. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 7/17/2020) (rro) |
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| Thursday, July 16, 2020 | ||
| 36 | 36
appeal
USCA Mandate
Thu 07/16 2:08 PM
MANDATE of USCA (Certified Copy) as to31 Notice of Interlocutory Appeal filed by Ministry of Culture and Sports of the Hellenic Republic. USCA Case Number 19-2171 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's decision is REVERSED and case is REMANDED to the district court with instructions to dismiss this action for lack of subject-matter jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/16/2020..(nd) |
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Att: 1
opinion
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appeal
Transmission of USCA Mandate/Order to District Judge
Thu 07/16 2:09 PM
Transmission of USCA Mandate to the District Judge re:36 USCA Mandate..(nd) |
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| Tuesday, June 09, 2020 | ||
| 35 | 35
appeal
USCA Order - Other
Tue 06/09 1:55 PM
OPINION of USCA (Certified Copy) as to31 Notice of Interlocutory Appeal filed by Ministry of Culture and Sports of the Hellenic Republic USCA Case Number 19-2171 cv. Greece's act of sending the letter was not in connection with a commercial activity outside of the United States. Because the directeffect clause of the commercial-activity exception in 28 U.S.C. § 1605(a)(2) is not satisfied, the district court erred in concluding that it had jurisdiction. We therefore do not address Greeces remaining arguments on appeal, and we REVERSE the district court's decision and REMAND with instructions to dismiss this action for lack of subject-matter jurisdiction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 6/8/2020..(tp) |
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| Tuesday, October 01, 2019 | ||
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notice
Notice of Redesignation to Magistrate Judge
Tue 11/12 11:50 AM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (bcu) |
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| Monday, July 29, 2019 | ||
| 34 | 34
appeal
Appeal Transcript Request
Mon 07/29 7:43 PM
TRANSCRIPT REQUEST No transcript ordered. Document filed by Ministry of Culture and Sports of the Hellenic Republic. (Amineddoleh, Leila) |
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| Tuesday, July 23, 2019 | ||
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appeal
USCA Case Number
Tue 07/23 11:11 AM
USCA Case Number 19-2171 from the U.S.C.A. - 2nd Circ. assigned to31 Notice of Interlocutory Appeal filed by Ministry of Culture and Sports of the Hellenic Republic. (nd) |
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appeal
USCA Appeal Fees
Tue 07/23 11:12 AM
USCA Appeal Fees received $ 505.00 receipt number 465401240410 on 07/23/2019 re:31 Notice of Interlocutory Appeal filed by Ministry of Culture and Sports of the Hellenic Republic. [USCA Case Number 19-2171 . (nd) |
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| Thursday, July 18, 2019 | ||
| 33 | 33
2
pgs
order
Order on Motion to Stay
Thu 07/18 9:59 AM
ORDER granting32 Motion to Stay. Application GRANTED. This case is stayed pending appeal. The parties are instructed to advise the Court within seven days of the disposition of the appeal. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/18/2019) (anc) |
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utility
Case Stayed
Thu 07/18 10:00 AM
Case Stayed. (anc) |
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utility
Terminate Transcript Deadlines
Thu 07/18 10:03 AM
Terminate Transcript Deadlines re:18 . (anc) |
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| Wednesday, July 17, 2019 | ||
| 32 | 32
motion
Stay
Wed 07/17 4:53 PM
LETTER MOTION to Stay Litigation addressed to Judge Katherine Polk Failla from Leila A. Amineddoleh dated July 17, 2019. Document filed by Ministry of Culture and Sports of the Hellenic Republic.(Amineddoleh, Leila) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 07/17 7:31 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:31 Notice of Interlocutory Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 07/17 7:31 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for31 Notice of Interlocutory Appeal filed by Ministry of Culture and Sports of the Hellenic Republic were transmitted to the U.S. Court of Appeals. (tp) |
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| Tuesday, July 16, 2019 | ||
| 31 | 31
appeal
Notice of Interlocutory Appeal
Tue 07/16 4:00 PM
NOTICE OF INTERLOCUTORY APPEAL from29 Memorandum & Opinion,,. Document filed by Ministry of Culture and Sports of the Hellenic Republic. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Amineddoleh, Leila) |
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appeal
Appeal Fee Due
Wed 07/17 7:30 AM
Appeal Fee Due: for31 Notice of Interlocutory Appeal. Appeal fee due by 7/30/2019. (tp) |
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| Tuesday, July 09, 2019 | ||
| 30 | 30
order
Case Management Plan
Tue 07/09 10:45 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 1/15/2020. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 3/30/2020. Depositions of fact witnesses shall be completed by 12/15/2019. Counsel for the parties have conferred and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 1/22/2020 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/9/2019) (rro) |
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| Friday, June 21, 2019 | ||
| 29 | 29
18
pgs
order
Memorandum & Opinion
Fri 06/21 11:37 AM
OPINION AND ORDER re:20 MOTION to Dismiss . filed by Ministry of Culture and Sports of the Hellenic Republic. For the reasons stated in this Opinion, Defendants motion to dismiss is DENIED. The Clerk of Court is directed to terminate the motion at docket entry 20. On or before July 8, 2019, the parties shall submit a proposed Case Management Plan, as well as the joint status letter contemplated by the Plan. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/21/2019) (ks) |
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| Friday, December 21, 2018 | ||
| 28 | 28
respm
Affidavit in Support of Motion
Fri 12/21 1:18 PM
AFFIDAVIT of Polyxeni Adam Veleni in Support re:20 MOTION to Dismiss .. Document filed by Ministry of Culture and Sports of the Hellenic Republic. (Amineddoleh, Leila) |
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| 27 | 27
respm
Declaration in Support of Motion
Fri 12/21 1:15 PM
DECLARATION of Leila Amineddoleh in Support re:20 MOTION to Dismiss .. Document filed by Ministry of Culture and Sports of the Hellenic Republic. (Amineddoleh, Leila) |
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| 26 | 26
respm
Reply Memorandum of Law in Support of Motion
Fri 12/21 1:13 PM
REPLY MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss . . Document filed by Ministry of Culture and Sports of the Hellenic Republic. (Amineddoleh, Leila) |
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| Monday, December 10, 2018 | ||
| 25 | 25
1
pgs
order
Order on Motion for Oral Argument
Mon 12/10 3:40 PM
ORDER terminating24 Letter Motion for Oral Argument. The Court is in receipt of Plaintiffs' request for oral argument concerning the parties' motions for summary judgment. If the Court determines that oral argument would be useful, it will promptly reach out to the parties. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/10/2018) (rro) |
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| Friday, December 07, 2018 | ||
| 24 | 24
motion
Oral Argument
Fri 12/07 10:46 PM
LETTER MOTION for Oral Argument addressed to Judge Katherine Polk Failla from Gary Stein of Schulte Roth & Zabel LLP dated December 7, 2018. Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc..(Stein, Gary) |
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| 23 | 23
respoth
Declaration in Support (non-motion)
Fri 12/07 10:37 PM
DECLARATION of Gary Stein in Support re:22 Memorandum of Law in Opposition to Motion. Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc..(Stein, Gary) |
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Att: 1
Exhibit A - Complaint in Hellenic Republic v. Michael Ward, Inc.,
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Att: 2
Exhibit B - Civil Cover Sheet,
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Att: 3
Exhibit C - Shop Website Image,
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Att: 4
Exhibit D - Shops Acropolis Museum,
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Att: 5
Exhibit E - National Archeology Museum Bronze Horse,
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Att: 6
Exhibit F - Admission Fee Website Image,
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Att: 7
Exhibit G - Greece Celebrates First Legal Victory in Recovering Ancient Treasures,
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Att: 8
Exhibit H - Mycenaean Jewelry Goes Home - Archaeology Magazine Archive
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| 22 | 22
30+
pgs
respm
Memorandum of Law in Opposition to Motion
Fri 12/07 10:23 PM
MEMORANDUM OF LAW in Opposition re:20 MOTION to Dismiss . . Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc.. (Stein, Gary) |
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| Monday, November 26, 2018 | ||
| 21 | 21
order
Endorsed Letter ~Util - Set Motion and R&R Deadlines/Hearings
Mon 11/26 4:50 PM
ENDORSED LETTER re:20 MOTION to Dismiss . filed by Ministry of Culture and Sports of the Hellenic Republic addressed to Judge Katherine Polk Failla from Seetha Ramachandran dated 11/21/2018 re: request a brief extension of time to respond to the Defendants motion. ENDORSEMENT: Application GRANTED. The Court adopts the parties' proposed briefing schedule. The Court also extends its condolences to Mr. Stein and his family. SO ORDERED., Set Deadlines/Hearing as to20 MOTION to Dismiss (Signed by Judge Katherine Polk Failla on 11/26/2018) (rro) |
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| Monday, November 05, 2018 | ||
| 20 | 20
motion
Dismiss
Mon 11/05 11:10 AM
MOTION to Dismiss . Document filed by Ministry of Culture and Sports of the Hellenic Republic. Responses due by 12/2/2018(Amineddoleh, Leila) |
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Att: 1
Notice of Motion,
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Att: 2
Declaration
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| Thursday, October 11, 2018 | ||
| 19 | 19
misc
Notice of Filing Transcript
Thu 10/11 3:26 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
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| 18 | 18
26
pgs
misc
Transcript
Thu 10/11 3:25 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/2/2018 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. 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 11/1/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/9/2019.(McGuirk, Kelly) |
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| Tuesday, October 02, 2018 | ||
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minutes
Pre-Motion Conference ~Util - Set Deadlines
Tue 10/02 3:43 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 10/2/2018. Gary Stein and Seetha Ramachandra representing Plaintiff present. Leila Amineddoleh representing Defendant present. Defendant's motion to dismiss due by November 2, 2018; Plaintiffs' response due by December 3, 2018; Defendant's reply due by December 17, 2018. Plaintiff to order transcript. (Motions due by 11/2/2018. Responses due by 12/3/2018. Replies due by 12/17/2018. (Court Reporter Anita Trombetta) (tn) |
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| Tuesday, September 18, 2018 | ||
| 17 | 17
4
pgs
order
Order on Motion for Conference
Tue 09/18 12:30 PM
ORDER granting15 Letter Motion for Conference. The Court is in receipt of Defendants' letter, dated September 12, 2018 (Dkt. #15), as well as Plaintiffs' reply thereto, dated September 17, 2018 (Dkt. #16). After carefully reviewing the letters, the Court finds that a pre-motion conference is warranted. In lieu of the initial pre-trial conference in this matter scheduled for October 2, 2018, the Court will hold a pre-motion conference at that time. (Signed by Judge Katherine Polk Failla on 9/18/2018) (mro) |
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| Monday, September 17, 2018 | ||
| 16 | 16
respm
Response in Opposition to Motion
Mon 09/17 8:41 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Gary Stein dated 09/17/2018 re:15 FIRST LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Leila A. Amineddoleh dated 9/12/2018. . Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc.. (Stein, Gary) |
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| Wednesday, September 12, 2018 | ||
| 15 | 15
motion
Conference
Wed 09/12 9:27 PM
FIRST LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Leila A. Amineddoleh dated 9/12/2018. Document filed by Ministry of Culture and Sports of the Hellenic Republic.(Amineddoleh, Leila) |
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| 14 | 14
2
pgs
order
Order on Motion to Adjourn Conference
Wed 09/12 2:37 PM
ORDER granting13 Letter Motion to Adjourn Conference. Application GRANTED. The initial pre-trial conference originally scheduled for September 14, 2018, is hereby ADJOURNED to October 2, 2018, at 2:00 p.m. Upon receipt of both parties' pre-motion submissions, the Court will determine whether to hold a pre-motion conference in this matter. SO ORDERED. (Initial Conference set for 10/2/2018 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/12/2018) (jca) |
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| Tuesday, September 11, 2018 | ||
| 13 | 13
motion
Adjourn Conference
Tue 09/11 6:06 PM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Gary Stein dated September 11, 2018. Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc..(Stein, Gary) |
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| Monday, September 10, 2018 | ||
| 12 | 12
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 09/10 4:10 PM
ORDER granting10 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. (Signed by Judge Katherine Polk Failla on 9/7/2018) (mro) |
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| 11 | 11
notice
Notice of Change of Address
Mon 09/10 12:03 PM
NOTICE OF CHANGE OF ADDRESS by Leila Alexandra Amineddoleh on behalf of Ministry of Culture and Sports of the Hellenic Republic. New Address: Amineddoleh & Associates, 43 West 43 Street, Suite 171, New York, NY, United States 10036, 2127098149. (Amineddoleh, Leila) |
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| Friday, September 07, 2018 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply
Fri 09/07 3:11 PM
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine Polk Failla from Leila Alexandra Amineddoleh dated September 7, 2018. Document filed by Ministry of Culture and Sports of the Hellenic Republic.(Amineddoleh, Leila) |
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| 9 | 9
notice
Notice of Appearance
Fri 09/07 3:06 PM
NOTICE OF APPEARANCE by Leila Alexandra Amineddoleh on behalf of Ministry of Culture and Sports of the Hellenic Republic. (Amineddoleh, Leila) |
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| Thursday, August 30, 2018 | ||
| 8 | 8
2
pgs
respoth
Declaration (non-motion)
Thu 08/30 3:24 PM
DECLARATION of Gary Stein Concerning Proof of Service of Process Upon the Ministry of Culture and Sports of the Hellenic Republic . Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc..(Stein, Gary) |
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Att: 1
7 pgs
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
36 pgs
Exhibit C
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| Thursday, June 14, 2018 | ||
| 7 | 7
3
pgs
order
Order for Initial Pretrial Conference
Thu 06/14 4:49 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/14/2018 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/14/2018) (rro) |
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| Wednesday, June 06, 2018 | ||
| 6 | 6
2
pgs
order
Order
Wed 06/06 4:35 PM
SUBSTITUTE CUSTODIAN ORDER: NOW THEREFORE IT IS HEREBY ORDERED THAT: Sotheby's is hereby appointed by this Court as a substitute custodian for the Bronze Horse pending the resolution of this case. Sotheby's shall maintain sole and exclusive possession of the Bronze Horse pending further order of this Court. Unless ordered otherwise by this Court, Sotheby's will not sell, transfer, move, or take any action that could diminish the value of the Bronze Horse. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/6/2018) (anc) |
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| 5 | 5
service
Summons Issued
Wed 06/06 10:02 AM
ELECTRONIC SUMMONS ISSUED as to Ministry of Culture and Sports of the Hellenic Republic. (pne) |
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notice
Case Opening Initial Assignment Notice
Wed 06/06 8:52 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pne) |
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utility
Case Designation
Wed 06/06 8:52 AM
Magistrate Judge Henry B. Pitman 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pne) |
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utility
Case Designated ECF
Wed 06/06 8:52 AM
Case Designated ECF. (pne) |
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| Tuesday, June 05, 2018 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Tue 06/05 12:06 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sothebys for Sothebys Inc.. Document filed by Sothebys Inc..(Stein, Gary) |
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| 3 | 3
service
Request for Issuance of Summons
Tue 06/05 11:43 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Ministry of Culture and Sports of the Hellenic Republic, re:1 Complaint. Document filed by Howard J. Barnet, Jane L. Barnet, Peter L. Barnet, Sothebys Inc.. (Stein, Gary) |
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| 2 | 2
misc
Civil Cover Sheet
Tue 06/05 11:40 AM
CIVIL COVER SHEET filed. (Stein, Gary) |
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| 1 | 1
cmp
Complaint
Tue 06/05 10:42 AM
COMPLAINT against Ministry of Culture and Sports of the Hellenic Republic. (Filing Fee $ 400.00, Receipt Number 0208-15155402)Document filed by Sothebys Inc., Howard J. Barnet, Jane L. Barnet, Peter L. Barnet.(Stein, Gary) |
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