Overnight Scheduling Updates — On Ms. Costopoulos’ Civil Suit, And “A Scorcher” Of A Letter, From Counsel To Mr. Painter — Marty Dissed, Twice.

But first… Ms. Costopoulos has seen a general initial pre-trial conference order entered, in Manhattan — with that first “meet and confer” before the able judge… now set for the morning of Thursday, June 28, 2018. Lots of subsequent discovery and pleading deadlines are also set, there — so do go read all about it.

Next (the main event!), yesterday there was a first preliminary hearing (ostensibly to allow Fox Rothschild to seek an immediate dismissal) in Mr. Painter’s civil fraud claim, in Brooklyn (much like the one just noticed up for late June, in the above paragraph).

For his part, Mr. Painter’s lawyers lit Marty up — like the proverbial Christmas tree — over the issue of whether Fox Rothschild may ethically continue as counsel for Marty, and Vyera (formerly Turing) simultaneously, given that all of Marty’s LLC interests in Vyera have been forfeited to the US — under Judge Matsumoto’s earlier orders (now on appeal to the Second Circuit). [Honestly, I am unclear as to whether the order from Judge Matsumoto allows Marty to even vote his LLC interests, during the appeals process — or if that right belongs to the US government, now.]

Personally, I think the “forfeited to the US government” argument will garner less favor, with the Southern District Court in Manhattan, here — than the notion that Marty’s interests — whatever his stake may end up being, in the LLC (after all his various bills are paid, and his appeals run their course), are largely in conflict with the interests of the entity itself, called Vyera — formerly Turing.

Thus, the Fox firm ought not be representing both — and Marty will need to hire yet another new set of lawyers. Or so the argument runs.

Onward — to federal court appearances on pro bono (sanctuary cities) matters this morning, myself.

Namaste — keep it spinning in good karma, on a rainy, warm spring morning here!


5 thoughts on “Overnight Scheduling Updates — On Ms. Costopoulos’ Civil Suit, And “A Scorcher” Of A Letter, From Counsel To Mr. Painter — Marty Dissed, Twice.

  1. R West says:

    I thought the Judge’s Order said the forfeiture was stayed pending Martin’s appeal, which seems consistent with Fed. R. Crim. P. 32.2.2(d):

    “(d) Stay Pending Appeal. If a defendant appeals from a conviction or an order of forfeiture, the court may stay the order of forfeiture on terms appropriate to ensure that the property remains available pending appellate review. A stay does not delay the ancillary proceeding or the determination of a third party’s rights or interests. If the court rules in favor of any third party while an appeal is pending, the court may amend the order of forfeiture but must not transfer any property interest to a third party until the decision on appeal becomes final, unless the defendant consents in writing or on the record.”

    Best guess is, Martin still has the right to vote his LLC interest.

    Liked by 1 person

  2. aldt440 says:

    I had no idea Shkreli was interested in “implanting a human embryo with Clinton’s DNA.” Half Shkreli and half Clinton? If we’re lucky, exhibits will be presented for this one!

    It’s difficult to take Lally & Misir, LLP seriously when their typesetting is way off.


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