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Foster 100 Wall Street nna~n: 212.431.8700
CarveY 20°' Floor
New York, NY 10005
Fax: 212.334.1278
foster.com
Direct Phone: 212.965.4536
ka ra.steger(a~foster.com
November 5, 2019
VIA EFILE
Honorable Melissa Crane
Supreme Court of the State of New York
County of New York
60 Centre Street
New York, New York 10007
Re: WBAI,as an Affiliate of the Pacifica Network, by Carolyn
McGuire, et al. v. Pacifica Foundation, Index No. 159745/2019
Dear Judge Crane:
We are counsel for Respondent Pacifica Foundation ("Pacifica" or "Respondent") in the above-
referenced matter. Although the New York County Clerk is in receipt of the SDNY's Docket Sheet
Notification of this action being remanded back to this court (see NYSCEF Docket 121), we note that it
did not transfer the full physical hard copies to this Court that were submitted to Judge Engelmayer.
We therefore wanted to ensure that these documents were memorialized in the state court docket
as well. Attached you will find the following:
ECF No.
• [OS] WAIB's Notice of Corrected Verified First Amended Petition
Dated October 10, 2019
• [06][07][08] Schwartz Affirmation in Further Support of Petition, Exh F-H, C McIntyre
Affidavit, Exhibits I, G, Aaron Affidavit, Exhibits J-K
Dated October 10, 2019
• [11] Steger to Judge Engelmayer, extenstion request and addressing Petitioner's ECF #5 filing
misrepresentation
Dated October 11, 2019
FG:10604842.1
SEATTLE PORTLAND WASHINGTON, D.C. NEW YORK SPOKANE BEIJING
Hon. Melissa Crane
November 5, 2019
Page 2
• [12] Schwartz to Judge Engelmayer, request Leave to File Correct First Amended Verified
Petition
Dated October 11, 2019
• [13] Schwartz to Judge Engelmayer requesting TRO Hearing proceed on October 18, 2019
Dated October 11, 2019
• [14] Notice of Voluntary Dismissal - By James Sagurton and Alex Steinberg
Dated October 11, 2019
• [15] Notice of Voluntary Dismissal with Prejudice - By James Sagurton and Alex Steinberg
Dated October 11, 2019
• [16] Endorsed OTSC for a TRO and a Preliminary Injunction
Dated October 15, 2019
• [16][20-23] OTSC for a TRO and Preliminary Injunction, Kara Steger Dec, Ex 1-2, Ford Greene
Declaration, Exhibits 1-6, and John Vernile Declaration, Exhibits 1-20
Dated October 15, 2019
• [17] Scheduling Order re Joint Letter Submission, Address Court Jurisdiction Basis, TRO
Extension, Petitioner's Second Amended Petition
Dated October 15, 2019
• [18] Petitioners' Emergency Letter Motion for a Conference in re Pacifica's OTSC TRO PI filing
Dated October 15, 2019
• [24] Schwartz to Judge Engelmeyer, TRO Continuation and Conference Request
Dated October 15, 2019
• [25] Steger to Judge Engelmayer, addressing ECF Dkt 18 and 24 Letter Motions and Arthur
Schwartz Misrepresentations to Court
Dated October 15, 2019
• [26] Petitioners' Letter Motion Requesting an Emergency Conference even if By Telephone
Dated October 15, 2019
• [27] Steger Response in connection with Petitioners' renewed emergency motion request for a
conference
Dated October 15, 2019
Hon. Melissa Crane
November 5,2019
Page 3
• [28] Petitioners' Notice of Suggesting Remand Sua Sponte
Dated October 16, 2019
• [29] Order denying Petitioner's Request for Emergency Conference, Briefing Scheduling
Dockets 16-17 remain in effect
Dated October 16, 2019
• [30] Steger to Judge Engelmayer re repeated violations of Judge's Order, Exhibits A-G
Dated October 16, 2019
• [31][32] Petitioners' OTSC Remand to State Court, Schwartz Declaration, Exhibits A-B
Dated October 16, 2019
• [33] Petitioners' Memorandum of Law in Support of Motion for Remand back to State Court
Dated October 16, 2019
• [34] Schwartz to Judge Engelmayer seeking extension to Qct 17 to file their opposition papers
Dated October 16, 2019
• [35] Order addressing latest Petitioner's OTSC Remand, and Court Retains Jurisdiction at this
moment still
Dated October 16, 2019
• [36] Order Addressing Violations of Orders, Reminding Petitioners' counsel once again, and will
be Addressed in Court
Dated October 16, 2019
• [37] Schwartz to Judge Engelmayer, attempting to explain violations alleged in today's Pacifica
filing submission
Dated October 16, 2019
• [38] McIntyre Declaration in Support of TRO extension &Against Application to Vacate
October 13, 2019 PNB Motion, Exhibit A
Dated October 16, 2019
• [39] Petitioners' Letter Brief Re Continuation and Possible Expansion of the State Court TRO
Dated October 17, 2019
• [40] Petitioners' Letter Brief Re Extension of State Court TRO,Exs F-H
Dated October 17, 2019
Hon. Melissa Crane
November 5, 2019
Page 4
• [41] Schwartz Declaration in Opposition to Pacifica's Preliminary Injunction Application
Dated October 17, 2019
• [42] Petitioners' Letter Brief in Support of Opposition Brief, Dkt 41, in Opposition to Pacifica's
TRO-PI OTSC
Dated October 17, 2019
• [43] Order Granting Petitioners' Application to file until9 am on Oct 17
Dated October 16, 2019
• [44] TRO Bond - as posted by Respondent Pacifica Foundation
Dated October 17, 2019
• [45] Pacifica's Reply Letter Brief in Support of Respondent's Request for Injunctive Relief,
Exhibits 1-4
Dated October 18, 2019
• [46] Pacifica's Opposition to Petitioners' Request for an Extension of TRO,Exhibits 1-2
Dated October 18, 2019
• [47] Pacifica's Opposition Brief to Petitioners' Motion to Remand to State Court
Dated October 18, 2019
• [48] Joint Letter Submission re Case Description, Motions Submitted and Settlement
Dated October 18, 2019
• [50] Second Amended Verified Petition, Exhibits A-D
Dated October 18, 2019
• [51] Berthold Reimers Declaration in Support of 2nd Amended Petition, Exhibits E-F
Dated October 21, 2019
• [52] Petitioners Letter Brief Re Continuation &Possible Expansion of the State Court TRO,
Exhibit G
Dated October 21, 2019
• [53] Steger to Judge Engelmayer, repeated violations of Court's Order, Exhibits 1-4
Dated October 21, 2019
Hon. Melissa Crane
November 5, 2019
Page 5
• [54] Steger to Judge Engelmayer addressing Petitioners' ECF 51-52 filings in violation of Court's
order and other practical concerns
Dated October 21, 2019
• [55] Schwartz to Judge Engelmayer addressing further violations by Petitioners as addressed in
Pacifica's ECF 53 letter filing
Dated October 21, 2019
• [56] Order Remand Back to State Court and Extending TRO to Oct 25,2019
Dated October 21, 2019
Respectfully,
F TER GARVEY P.C.
Kara Steger
Associate
cc: Arthur Schwartz, Esq.
Via NYSCEF
Maurice W. Heller, Esq.
Pacifica Foundation
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Foster 100 Wall Street nna~n: 212.431.8700 CarveY 20°' Floor New York, NY 10005 Fax: 212.334.1278 foster.com Direct Phone: 212.965.4536 ka ra.steger(a~foster.com November 5, 2019 VIA EFILE Honorable Melissa Crane Supreme Court of the State of New York County of New York 60 Centre Street New York, New York 10007 Re: WBAI,as an Affiliate of the Pacifica Network, by Carolyn McGuire, et al. v. Pacifica Foundation, Index No. 159745/2019 Dear Judge Crane: We are counsel for Respondent Pacifica Foundation ("Pacifica" or "Respondent") in the above- referenced matter. Although the New York County Clerk is in receipt of the SDNY's Docket Sheet Notification of this action being remanded back to this court (see NYSCEF Docket 121), we note that it did not transfer the full physical hard copies to this Court that were submitted to Judge Engelmayer. We therefore wanted to ensure that these documents were memorialized in the state court docket as well. Attached you will find the following: ECF No. • [OS] WAIB's Notice of Corrected Verified First Amended Petition Dated October 10, 2019 • [06][07][08] Schwartz Affirmation in Further Support of Petition, Exh F-H, C McIntyre Affidavit, Exhibits I, G, Aaron Affidavit, Exhibits J-K Dated October 10, 2019 • [11] Steger to Judge Engelmayer, extenstion request and addressing Petitioner's ECF #5 filing misrepresentation Dated October 11, 2019 FG:10604842.1 SEATTLE PORTLAND WASHINGTON, D.C. NEW YORK SPOKANE BEIJING Hon. Melissa Crane November 5, 2019 Page 2 • [12] Schwartz to Judge Engelmayer, request Leave to File Correct First Amended Verified Petition Dated October 11, 2019 • [13] Schwartz to Judge Engelmayer requesting TRO Hearing proceed on October 18, 2019 Dated October 11, 2019 • [14] Notice of Voluntary Dismissal - By James Sagurton and Alex Steinberg Dated October 11, 2019 • [15] Notice of Voluntary Dismissal with Prejudice - By James Sagurton and Alex Steinberg Dated October 11, 2019 • [16] Endorsed OTSC for a TRO and a Preliminary Injunction Dated October 15, 2019 • [16][20-23] OTSC for a TRO and Preliminary Injunction, Kara Steger Dec, Ex 1-2, Ford Greene Declaration, Exhibits 1-6, and John Vernile Declaration, Exhibits 1-20 Dated October 15, 2019 • [17] Scheduling Order re Joint Letter Submission, Address Court Jurisdiction Basis, TRO Extension, Petitioner's Second Amended Petition Dated October 15, 2019 • [18] Petitioners' Emergency Letter Motion for a Conference in re Pacifica's OTSC TRO PI filing Dated October 15, 2019 • [24] Schwartz to Judge Engelmeyer, TRO Continuation and Conference Request Dated October 15, 2019 • [25] Steger to Judge Engelmayer, addressing ECF Dkt 18 and 24 Letter Motions and Arthur Schwartz Misrepresentations to Court Dated October 15, 2019 • [26] Petitioners' Letter Motion Requesting an Emergency Conference even if By Telephone Dated October 15, 2019 • [27] Steger Response in connection with Petitioners' renewed emergency motion request for a conference Dated October 15, 2019 Hon. Melissa Crane November 5,2019 Page 3 • [28] Petitioners' Notice of Suggesting Remand Sua Sponte Dated October 16, 2019 • [29] Order denying Petitioner's Request for Emergency Conference, Briefing Scheduling Dockets 16-17 remain in effect Dated October 16, 2019 • [30] Steger to Judge Engelmayer re repeated violations of Judge's Order, Exhibits A-G Dated October 16, 2019 • [31][32] Petitioners' OTSC Remand to State Court, Schwartz Declaration, Exhibits A-B Dated October 16, 2019 • [33] Petitioners' Memorandum of Law in Support of Motion for Remand back to State Court Dated October 16, 2019 • [34] Schwartz to Judge Engelmayer seeking extension to Qct 17 to file their opposition papers Dated October 16, 2019 • [35] Order addressing latest Petitioner's OTSC Remand, and Court Retains Jurisdiction at this moment still Dated October 16, 2019 • [36] Order Addressing Violations of Orders, Reminding Petitioners' counsel once again, and will be Addressed in Court Dated October 16, 2019 • [37] Schwartz to Judge Engelmayer, attempting to explain violations alleged in today's Pacifica filing submission Dated October 16, 2019 • [38] McIntyre Declaration in Support of TRO extension &Against Application to Vacate October 13, 2019 PNB Motion, Exhibit A Dated October 16, 2019 • [39] Petitioners' Letter Brief Re Continuation and Possible Expansion of the State Court TRO Dated October 17, 2019 • [40] Petitioners' Letter Brief Re Extension of State Court TRO,Exs F-H Dated October 17, 2019 Hon. Melissa Crane November 5, 2019 Page 4 • [41] Schwartz Declaration in Opposition to Pacifica's Preliminary Injunction Application Dated October 17, 2019 • [42] Petitioners' Letter Brief in Support of Opposition Brief, Dkt 41, in Opposition to Pacifica's TRO-PI OTSC Dated October 17, 2019 • [43] Order Granting Petitioners' Application to file until9 am on Oct 17 Dated October 16, 2019 • [44] TRO Bond - as posted by Respondent Pacifica Foundation Dated October 17, 2019 • [45] Pacifica's Reply Letter Brief in Support of Respondent's Request for Injunctive Relief, Exhibits 1-4 Dated October 18, 2019 • [46] Pacifica's Opposition to Petitioners' Request for an Extension of TRO,Exhibits 1-2 Dated October 18, 2019 • [47] Pacifica's Opposition Brief to Petitioners' Motion to Remand to State Court Dated October 18, 2019 • [48] Joint Letter Submission re Case Description, Motions Submitted and Settlement Dated October 18, 2019 • [50] Second Amended Verified Petition, Exhibits A-D Dated October 18, 2019 • [51] Berthold Reimers Declaration in Support of 2nd Amended Petition, Exhibits E-F Dated October 21, 2019 • [52] Petitioners Letter Brief Re Continuation &Possible Expansion of the State Court TRO, Exhibit G Dated October 21, 2019 • [53] Steger to Judge Engelmayer, repeated violations of Court's Order, Exhibits 1-4 Dated October 21, 2019 Hon. Melissa Crane November 5, 2019 Page 5 • [54] Steger to Judge Engelmayer addressing Petitioners' ECF 51-52 filings in violation of Court's order and other practical concerns Dated October 21, 2019 • [55] Schwartz to Judge Engelmayer addressing further violations by Petitioners as addressed in Pacifica's ECF 53 letter filing Dated October 21, 2019 • [56] Order Remand Back to State Court and Extending TRO to Oct 25,2019 Dated October 21, 2019 Respectfully, F TER GARVEY P.C. Kara Steger Associate cc: Arthur Schwartz, Esq. Via NYSCEF Maurice W. Heller, Esq. Pacifica Foundation