New York Southern District Court
Judge:Gregory H Woods
Referred: Robert W Lehrburger
Case #: 1:18-cv-11072
Nature of Suit380 Torts - Personal Property - Other Personal Property Damage
Cause18:1962 Racketeering (RICO) Act
Case Filed:Nov 27, 2018
Last checked: Sunday May 26, 2019 4:22 AM EDT
Defendant
All Seas Management, Ltd.
Defendant
Chavdar Angelov Angelov
Defendant
Asteria BG, EOOD
Represented By
Melissa Jane Erwin
Carter Ledyard & Milburn
contact info
Charles G. Berry
Carter Ledyard & Milburn LLP
contact info
Defendant
Ayr Logistics Limited, Inc.
Defendant
Blue Finance Limited
Defendant
Bulgarian National Bank
Represented By
Susan Laura Grace
White & Case Llp (ny)
contact info
Claire Angela DeLelle
White & Case Llp (dc)
contact info
Owen C Pell
White & Case Llp (ny)
contact info
Defendant
Bulgartabac Holding, AD
Represented By
Abena Ayowa Mainoo
Cleary Gottlieb Steen & Hamilton Llp (nyc)
contact info
Shannon Daugherty
Cleary Gottlieb Steen & Hamilton Llp (nyc)
contact info
Jonathan I. Blackman
Cleary Gottlieb
contact info
Defendant
Cibole Services Incorporated, Bulgaria, EOOD
Represented By
Melissa Jane Erwin
Carter Ledyard & Milburn
contact info
Charles G. Berry
Carter Ledyard & Milburn LLP
contact info
Defendant
Eaton Vance Structured Emerging Markets Equity Fund, LLC
Defendant
The Bank of New York Mellon Corporation
Represented By
Casey Devin Laffey
Reed Smith Llp (nyc)
contact info
Defendant
First Investment Bank, AD
Represented By
John Robinson
Arnold & Porter Kaye Scholer Llp (dc)
contact info
David B Bergman
Arnold & Porter Kaye Scholer Llp (dc)
contact info
E. Whitney Debevoise
Arnold & Porter Kaye Scholer LLP
contact info
Defendant
Grant Capital Investments, Ltd.
Defendant
Anthony Dennis Harriott
Defendant
Philip Robert Harris
Represented By
Michael Jude Lane
Cullen And Dykman LLP
contact info
Joshua Flynt
Lamberth Ratcliffe Covington PLLC
contact info
Curt M. Covington
Lamberth Ratcliffe Covington PLLC
contact info
Defendant
Elena Zdravkova Kostadinchev
Defendant
Stanislav Georgiev Lyutov
Defendant
Tseko Todorov Minev
Represented By
John Robinson
Arnold & Porter Kaye Scholer Llp (dc)
contact info
David B Bergman
Arnold & Porter Kaye Scholer Llp (dc)
contact info
Defendant
Ivailo Dimitrov Mutafchiev
Represented By
John Robinson
Arnold & Porter Kaye Scholer Llp (dc)
contact info
David B Bergman
Arnold & Porter Kaye Scholer Llp (dc)
contact info
Defendant
NSN Investment, EOOD
Represented By
Elizabeth Irene Buechner
Morgan Lewis & Bockius, Llp (ny)
contact info
Kenneth Ian Schacter
Morgan Lewis & Bockius, Llp (ny)
contact info
Defendant
Delyan Slavchev Peevski
Represented By
Elizabeth Irene Buechner
Morgan Lewis & Bockius, Llp (ny)
contact info
Kenneth Ian Schacter
Morgan Lewis & Bockius, Llp (ny)
contact info
Defendant
Promishleno Stroitelstvo Holding, EAD
Represented By
Melissa Jane Erwin
Carter Ledyard & Milburn
contact info
Charles G. Berry
Carter Ledyard & Milburn LLP
contact info
Defendant
Tabak Market, AD
Represented By
Melissa Jane Erwin
Carter Ledyard & Milburn
contact info
Charles G. Berry
Carter Ledyard & Milburn LLP
contact info
Defendant
The Bank for Foreign Trade of the Russian Federation
Defendant
Vili Vist, EAD
Represented By
Melissa Jane Erwin
Carter Ledyard & Milburn
contact info
Charles G. Berry
Carter Ledyard & Milburn LLP
contact info
Defendant
Eaton Vance Management
Represented By
Jill Lauren Forster
Brown Rudnick Llp (nyc)
contact info
May Orenstein
Brown Rudnick Llp (nyc)
contact info
Plaintiff
All Seas Property 2, OOD
Represented By
Lauren M. Stroyeck
Rolinski Law Group, LLC
contact info
Sylvia J Rolinski
Rolinski Law Group, LLC
contact info
Plaintiff
Asset Management, EAD
Represented By
Lauren M. Stroyeck
Rolinski Law Group, LLC
contact info
Sylvia J Rolinski
Rolinski Law Group, LLC
contact info
Plaintiff
Rudersdal, EOOD
Represented By
Lauren M. Stroyeck
Rolinski Law Group, LLC
contact info
Sylvia J Rolinski
Rolinski Law Group, LLC
contact info
Plaintiff
Zahari Tomov
Represented By
Lauren M. Stroyeck
Rolinski Law Group, LLC
contact info
Sylvia J Rolinski
Rolinski Law Group, LLC
contact info


Docket last updated: 01/17/2020 11:59 PM EST
Wednesday, January 15, 2020
237 237 1 pgs order Order ~Util - Set Deadlines Wed 01/15 1:45 PM
ORDER: The parties' consent request (Dkt. 236) for a revised briefing schedule for Plaintiff's motion for jurisdictional discovery is granted. Accordingly: 1. Plaintiffs' motion for jurisdiction discovery is denied as moot, without prejudice to refiling by February 23, 2020 (when Plaintiffs' opposition to renewed motions to dismiss are due); 2. Defendants' shall file opposition to Plaintiffs' motion for jurisdictional discovery by March 9, 2020; 3. Plaintiffs shall file any reply on their motion for jurisdictional discovery by March 16, 2020. SO ORDERED. (Motions due by 2/23/2020. Responses due by 3/9/2020. Replies due by 3/16/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/15/2020) Copies transmitted to all counsel of record. (mml)
Related: [-]
236 236 misc Letter Wed 01/15 10:55 AM
LETTER addressed to Magistrate Judge Robert W. Lehrburger from David B. Bergman dated 1/15/2020 re: adjustment to briefing schedule for Plaintiffs' motion for jurisdictional discovery. Document filed by First Investment Bank, AD.(Bergman, David)
Related: [-]
Monday, January 13, 2020
235 235 6 pgs respm Declaration in Opposition to Motion Mon 01/13 12:11 PM
DECLARATION of Jeffrey McClanahan in Opposition re:164 MOTION to Dismiss .,177 MOTION to Dismiss .,151 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
Related: [-]
Att: 1 30 pgs Exhibit Exhibits A-G
234 234 respm Declaration in Opposition to Motion Mon 01/13 12:02 PM
DECLARATION of Chavdar Angelov in Opposition re:164 MOTION to Dismiss .,177 MOTION to Dismiss .,151 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
Related: [-]
Att: 1 Exhibit Exhibits 1-15
233 233 14 pgs respm Declaration in Opposition to Motion Mon 01/13 11:26 AM
DECLARATION of Tzvetan Vassilev in Opposition re:164 MOTION to Dismiss .,151 MOTION to Dismiss .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .,177 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
Related: [-]
Att: 1 Exhibit Exhibits 1-14,
Att: 2 Exhibit Exhibits 15-29
232 232 11 pgs respm Declaration in Opposition to Motion Mon 01/13 11:06 AM
DECLARATION of Rumyana Chenalova in Opposition re:164 MOTION to Dismiss .,151 MOTION to Dismiss .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .,177 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
Related: [-]
Att: 1 Exhibit Exhibits 1-13,
Att: 2 Exhibit Attachment A
231 231 2 pgs order Order on Motion to Dismiss Mon 01/13 10:58 AM
ORDER: denying as moot151 Motion to Dismiss; denying as moot157 Motion to Dismiss; denying as moot164 Motion to Dismiss; denying as moot167 Motion to Dismiss; denying as moot169 Motion to Dismiss; denying as moot171 Motion to Dismiss; denying as moot174 Motion to Dismiss; denying as moot177 Motion to Dismiss. On January 10, 2020, Magistrate Judge Lehrburger granted Plaintiffs leave to file a second amended complaint. Dkt. No. 226. It is the Court's preference that Defendants' motions to dismiss address that second amended complaint fully, and not simply in reply briefing. Accordingly, the Court denies the pending motions to dismiss, Dkt. Nos. 151, 157, 164, 167, 169, 171, 174, and 177, as moot. Defendants are directed to file their motions to dismiss Plaintiffs' second amended complaint by no later than February 3, 2020. Plaintiffs' oppositions are due no later than February 24, 2020. Defendants' replies are due no later than March 9, 2020. At the time they file their respective motions and oppositions, Defendants and Plaintiffs should also file a letter attaching a redline which compares their motions to dismiss Plaintiffs' first amended complaint and oppositions to those motions to their newly filed motions and oppositions so that the Court may easily ascertain the issues or arguments which have been raised or obviated as the result of Plaintiffs' decision to file their second amended complaint. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 151, 157, 164, 167, 169, 171, 174, and 177. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/13/2020) (ama)
Related: [-]
utility Set/Reset Deadlines Mon 01/13 11:00 AM
Set/Reset Deadlines: Motions due by 2/3/2020. Responses due by 2/24/2020 Replies due by 3/9/2020. (ama)
Related: [-]
Friday, January 10, 2020
230 230 141 pgs cmp Amended Complaint Fri 01/10 8:24 PM
SECOND AMENDED COMPLAINT amending149 Amended Complaint,,,,1 Complaint,,, against All Seas Management, Ltd., Chavdar Angelov Angelov, Asteria BG, EOOD, Ayr Logistics Limited, Inc., Blue Finance Limited, Bulgarian National Bank, Bulgartabac Holding, AD, Cibole Services Incorporated, Bulgaria, EOOD, Eaton Vance Management, Eaton Vance Structured Emerging Markets Equity Fund, LLC, First Investment Bank, AD, Grant Capital Investments, Ltd., Anthony Dennis Harriott, Philip Robert Harris, Elena Zdravkova Kostadinchev, Elena Zdravkova Kostadinchev, Stanislav Georgiev Lyutov, Stanislav Georgiev Lyutov, Tseko Todorov Minev, Ivailo Dimitrov Mutafchiev, NSN Investment, EOOD, NSN Investment, EOOD(Intrust PLC), Parametric Portfolio Associates, Delyan Slavchev Peevski, Promishleno Stroitelstvo Holding, EAD, Tabak Market, AD, The Bank for Foreign Trade of the Russian Federation, The Bank of New York Mellon Corporation, Vili Vist, EAD with JURY DEMAND.Document filed by All Seas Property 2, OOD, Rudersdal, EOOD, Zahari Tomov, Asset Management, EAD, Zahari Tomov. Related document:149 Amended Complaint,,,,1 Complaint,,,.(Rolinski, Sylvia)
Related: [-]
229 229 respm Declaration in Opposition to Motion Fri 01/10 3:40 PM
DECLARATION of Michael O'Reilly dated Nov 14, 2019 in Opposition re:164 MOTION to Dismiss .,151 MOTION to Dismiss .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .,177 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
Related: [-]
Att: 1 Exhibit Ex 1,
Att: 2 Exhibit Ex 2,
Att: 3 Exhibit Ex 3,
Att: 4 Exhibit Ex 4
228 228 respm Declaration in Opposition to Motion Fri 01/10 3:09 PM
DECLARATION of Erik Bresling dated Dec 10 2019 in Opposition re:164 MOTION to Dismiss .,177 MOTION to Dismiss .,151 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov. (Rolinski, Sylvia)
Related: [-]
227 227 8 pgs respm Declaration in Opposition to Motion Fri 01/10 2:54 PM
DECLARATION of Declaration of Assen Yordanov dated June 29, 2019 in Opposition re:164 MOTION to Dismiss .,151 MOTION to Dismiss .,169 MOTION to Dismiss /Defendant Eaton Vance Management's Motion to Dismiss Plaintiffs' Complaint .,177 MOTION to Dismiss .,171 MOTION to Dismiss the First Amended Complaint .,167 MOTION to Dismiss the Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .,174 MOTION to Dismiss /Notice of Motion to Dismiss, Dated August 30, 2019 .,157 MOTION to Dismiss he First Amended Complaint .. Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
Related: [-]
Att: 1 Exhibit Ex 1,
Att: 2 Exhibit Ex 2,
Att: 3 Exhibit Ex 3,
Att: 4 Exhibit Ex 4,
Att: 5 Exhibit Ex 5,
Att: 6 Exhibit Attach A Resume CV
226 226 order Order Fri 01/10 9:18 AM
ORDER: Plaintiffs' request, with consent of Defendants, to file their Second Amended Complaint at this time (Dkt. 225) is GRANTED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/10/2020) (Farkas, Brian)
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Thursday, January 09, 2020
225 225 2 pgs misc Status Report Thu 01/09 4:07 PM
STATUS REPORT. Plaintiffs per Court Order 12/18/19 ECF 215 Document filed by All Seas Property 2, OOD, Asset Management, EAD, Rudersdal, EOOD, Zahari Tomov, Zahari Tomov.(Rolinski, Sylvia)
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