Filsoof v. Cole
| Rachel Carol Filsoof |
| Andrew J. Cole |
| 1:2021cv01791 |
| March 2, 2021 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 t |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.
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Filing 28
STIPULATION EXTENDING TIME TO ANSWER OR MOVE: IT IS HEREBY STIPULATED that the time for the defendant ANDREW J. COLE ("Cole") to answer, amend or supplement the answer as of course, or to make any motion with relation to the summons or to the complaint in this action, be and the same hereby is extended to May 28, 2021. SO ORDERED. Andrew J. Cole answer due 5/28/2021. (Motions due by 5/28/2021.) (Signed by Judge Naomi Reice Buchwald on 4/26/2021) (mml)
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Filing 27
PROPOSED STIPULATION AND ORDER. Document filed by Andrew J. Cole..(Schneider, Daniel)
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Filing 26
FIRST LETTER addressed to Judge Naomi Reice Buchwald from Daniel J. Schneider dated April 22, 2021 re: Request for extension of time. Document filed by Andrew J. Cole. (Attachments: #1 Text of Proposed Order Proposed stipulation, request to so order).(Schneider, Daniel)
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Filing 25
NOTICE OF APPEARANCE by Daniel Jacob Schneider on behalf of Andrew J. Cole..(Schneider, Daniel)
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Filing 24
NOTICE OF APPEARANCE by Daniel Jacob Schneider on behalf of Andrew J. Cole..(Schneider, Daniel)
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Filing 23
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/6/21 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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Filing 22
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/6/2021 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Kristen Carannante, (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 5/10/2021. Redacted Transcript Deadline set for 5/20/2021. Release of Transcript Restriction set for 7/19/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 4/6/2021. (ade)
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Filing 21
CERTIFICATE OF SERVICE of Preliminary Injunction [Dkt. No. 20] served on Andrew J. Cole on April 6, 2021. Service was made by eMail. Document filed by Rachel Carol Filsoof..(Welborne, Samantha)
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Filing 20
ORDER: ORDERED that defendant Andrew J. Cole, his agents, and all persons in active concert, privity and/or participation with him are hereby enjoined and restrained pursuant to Fed. R. Civ. P. 65 pending the final hearing and determination of this action from: (1) contacting, following, surveilling, assaulting, threatening, intimidating, stalking, harassing, keeping under surveillance or coming within 200 yards of the home or any place of residence of Plaintiff Rachel Carol Filsoof; and (2) interfering with Plaintiff's prospective business relations by making disparaging comments, remarks or statements concerning Plaintiff by phone, electronically or in person to any individual, entity or association that Defendant knows or becomes aware of is a business contact of the Plaintiff and/or is likely to enter into a business transaction with the Plaintiff; and it is further ORDERED, that a copy of this Order shall be served by Plaintiff upon Defendant by email delivery at a_j_cole@mac.com, which shall be considered good and sufficient service. (Signed by Judge Naomi Reice Buchwald on 4/6/2021) (mml)
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Filing 19
LETTER addressed to Judge Naomi Reice Buchwald from John P. Bostany dated April 2, 2021 re: Status of Defendant and Commencement of Discovery. Document filed by Rachel Carol Filsoof. (Attachments: #1 Exhibit A - Criminal Complaint, #2 Exhibit B - Bail Status 3-22-21).(Bostany, John)
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Filing 18
CERTIFICATE OF SERVICE of Order dated April 2, 2021 and add'l copy of Summons/Complaint served on Andrew J. Cole on April 2, 2021. Service was made by eMail. Document filed by Rachel Carol Filsoof..(Bostany, John)
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Filing 17
ORDER: ORDERED that the hearing will be conducted telephonically using the dial-in (888) 363-4749, access code 2712517; and it is further ORDERED that plaintiff must serve a copy of this Order on defendant by email at a_j_cole@mac.com by the end of day today, Friday, April 2, 2021., ( Telephone Conference set for 4/6/2021 at 11:00 AM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 4/02/2021) (ama)
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Filing 16
CERTIFICATE OF SERVICE of additional copy of Summons/Complaint served on Andrew J. Cole on March 29, 2021. Service was made by Mail. Document filed by Rachel Carol Filsoof..(Bostany, John)
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Filing 15
CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Papers served on Andrew J. Cole on March 18, 2021. Service was made by eMail. Document filed by Rachel Carol Filsoof..(Welborne, Samantha)
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Filing 14
CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Papers served on Andrew J. Cole on March 17, 2021. Service was made by Delivery at 27 Aloha Drive, Pacific Palisades, CA 90272. Document filed by Rachel Carol Filsoof..(Welborne, Samantha)
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Filing 13
SUMMONS RETURNED EXECUTED Summons and Complaint served. Andrew J. Cole served on 3/18/2021, answer due 4/8/2021. Document filed by Rachel Carol Filsoof..(Welborne, Samantha)
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Filing 12
ORDER TO SHOW CAUSE: ORDERED TO SHOW CAUSE before this Court at a hearing on the 6th day of April, 2021 at 11:00 a.m. in a format to be determined by the Court to be announced on the docket in advance of the hearing why Defendant Andrew J. Cole his agents, and all persons in active concert, privity and/or participation with him should not be enjoined and restrained pursuant to Fed.R.Civ.P. 65 pending the final hearing and determination of this action from (1) contacting, following, surveilling, assaulting, threatening, intimidating, stalking, harassing, keeping under surveillance or coming within 200 yards of the home or place of residence of Plaintiff Rachel Carol Filsoof; (2) interfering with Plaintiff's prospective business relations by making disparaging comments, remarks or statements concerning Plaintiff by phone, electronically or in person to any individual, entity or association that Defendant knows or becomes aware is a business contact of the Plaintiff and/or is likely to enter into a business transaction with the Plaintiff; and it is, FURTHER ORDERED, that a copy of this Order and the papers upon which it is granted served upon Defendant by email delivery at a_j_cole@mac.com and by either personal delivery or overnight courier with proof of delivery to his last known address 27 Aloha Drive, Pacific Palisades, California 90272 no later than the 18th day of March, 2021, shall be good and sufficient service; and it is FURTHER ORDERED, that opposition papers if any shall be served by email upon plaintiff's counsel john@bozlaw.com and overnight courier to The Bostany Law Firm PLLC, 3 World Financial Center, 24th Floor, New York, NY 10281 and filed no later than 5:00 p.m. on the 26th day of March, 2021; and it is FURTHER ORDERED, that reply papers if any shall be served upon Defendant by email delivery at a_j_cole@mac.com and by either personal delivery or overnight courier with proof of delivery to his last known address 27 Aloha Drive, Pacific Palisades, California 90272 and filed no later than 5:00 p.m. on the 1st day of April, 2021. SO ORDERED. Show Cause Hearing set for 4/6/2021 at 11:00 AM before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 3/12/2021) (jca)
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Filing 11
DECLARATION of Jen Rosenstein in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Rachel Carol Filsoof..(Bostany, John)
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Filing 10
DECLARATION of John P. Bostany in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Rachel Carol Filsoof..(Bostany, John)
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Filing 9
MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief . Document filed by Rachel Carol Filsoof..(Bostany, John)
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Filing 8
DECLARATION of Jacob O'Sullivan in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Rachel Carol Filsoof. (Attachments: #1 Exhibit 7 photos showing Cole close to Rachel's home on Mar. 2, 2021, #2 Exhibit 8 measurement of location).(Bostany, John)
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Filing 7
DECLARATION of Rachel Carol Filsoof in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Rachel Carol Filsoof. (Attachments: #1 Exhibit 1 criminal court protective order signed on Feb. 1, 2021, #2 Exhibit 2 defendant in NYC on Mar. 2, 2021, #3 Exhibit 3 defendant - Rachel's home Mar. 2, 2021, #4 Exhibit 4 defendant - Rachel's home Jan. 10, 2021, #5 Exhibit 5 defendant - "knives out" NYC Mar. 8, 2021, #6 Exhibit 6 defendant- Brookfield Place Mar. 9, 2021).(Bostany, John)
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Filing 6
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Rachel Carol Filsoof..(Bostany, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Andrew J. Cole..(pc)
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Filing 4
COMPLAINT against Andrew J. Cole. (Filing Fee $ 402.00, Receipt Number ANYSDC-24172814)Document filed by Rachel Carol Filsoof..(Welborne, Samantha)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Peter Bostany to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew J. Cole, re: #1 Complaint. Document filed by Rachel Carol Filsoof..(Bostany, John)
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Filing 2
CIVIL COVER SHEET filed..(Bostany, John)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Andrew J. Cole. (Filing Fee $ 402.00, Receipt Number ANYSDC-24152920)Document filed by Rachel Carol Filsoof..(Bostany, John) Modified on 3/3/2021 (pc).
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| Plaintiff: Rachel Carol Filsoof | |
| Represented By: | John Peter Bostany |
| Represented By: | Samantha Brooke Welborne |
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| Defendant: Andrew J. Cole | |
| Represented By: | Daniel Jacob Schneider |
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