Haber et al v. First Book & Film Rights Auction, Inc. et al
| Louis Haber and Emily Haber |
| First Book & Film Rights Auction, Inc., Alvin Stanley Abrams, Estelle L. Abrams and Robert Gary Berkson |
| 3:2021cv01348 |
| October 12, 2021 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 46
ORDER. The Court construes the Defendants' Motion for Extension of Time #45 as a motion to stay these proceedings, to include Rule 26 obligations and discovery thereafter, until such time as the motions to dismiss are adjudicated pursuant to the Private Securities Litigation Reform Act of 1995, Pub. L. 104-67. As an interim measure, the Court hereby suspends the current deadline for the filing of the parties' 26(f) Report until such time as the motion #45 is decided. Plaintiff's opposition, if any, to the motion is due by December 28, 2021. Signed by Judge Kari A. Dooley on 12/8/2021. (Banker, Joshua)
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| Filing 45 Joint MOTION for Extension of Time until thirty (30) days after the Court Resolves the Pending Motions to Dismiss to File Rule 26(f) Report by Alvin Stanley Abrams, Estelle L. Abrams, Robert Gary Berkson. (Shearin, James) |
| Filing 44 Supplemental OBJECTION re #10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service, #27 Objection,, #9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by Trustee Process and a Real Estate Attachment on 88 Dingletown Road, Fairfield County, Greenwich, Connecticut, and a Certificate of Service, #29 Objection,, filed by Robert Gary Berkson. (Shearin, James) |
| Filing 43 CERTIFICATE OF SERVICE by Estelle L. Abrams re 36 Motion to Dismiss (Jacobson, Jonathan) |
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Filing 42
ORDER granting #39 Motion to Withdraw as Attorney. Attorney Patrick McCabe terminated. Signed by Judge Kari A. Dooley on 11/30/2021. (Banker, Joshua)
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| Filing 41 CERTIFICATE OF SERVICE by Estelle L. Abrams re #39 MOTION for Patrick McCabe to Withdraw as Attorney (McCabe, Patrick) |
| Filing 40 CERTIFICATE OF SERVICE by Robert Gary Berkson re #34 MOTION to Dismiss for Lack of Jurisdiction (Shearin, James) |
| Filing 39 MOTION for Patrick McCabe to Withdraw as Attorney by Estelle L. Abrams. (McCabe, Patrick) |
| Filing 38 MOTION to Dismiss Claims 1 Through 4, 7, 10 Through 13, And 15 by Alvin Stanley Abrams. Responses due by 12/20/2021. (Fanelle, N.) |
| Filing 37 NOTICE of Appearance by Jonathan D Jacobson on behalf of Estelle L. Abrams (Jacobson, Jonathan) |
| Filing 36 MOTION to Dismiss for Failure to State a Claim by Estelle L. Abrams.Responses due by 12/20/2021 (Rubin, David) |
| Filing 35 NOTICE of Appearance by David W. Rubin on behalf of Estelle L. Abrams (Rubin, David) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction by Robert Gary Berkson.Responses due by 12/20/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit A - Affidavit of Robert Gary Berkson)(Shearin, James) |
| Filing 33 Minute Entry for proceedings held before Judge Kari A. Dooley: Hearing held on 11/12/2021. Defendants' briefs due 11/29/2021, Plaintiffs' briefs due 12/17/2021, Defendants' reply due 12/31/2021. 51 minutes(Court Reporter Tracy Gow.) (Gould, K.) |
| Filing 32 NOTICE of Appearance Self Represented Party by Alvin Stanley Abrams (Gould, K.) |
| Filing 31 MOTION to Dismiss #9 MOTION for Writ of Garnishment by Estelle L. Abrams. (Gould, K.) |
| Filing 30 NOTICE of Appearance by Patrick D. McCabe on behalf of Estelle L. Abrams (Gould, K.) |
| Filing 29 Amended OBJECTION re #10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service, #27 Objection,, #9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by Trustee Process and a Real Estate Attachment on 88 Dingletown Road, Fairfield County, Greenwich, Connecticut, and a Certificate of Service filed by Robert Gary Berkson. (Attachments: #1 Exhibit A - Declaration of Robert Gary Berkson)(Shearin, James) |
| Filing 28 NOTICE of Appearance by Steven J. Stafstrom, Jr on behalf of Robert Gary Berkson (Stafstrom, Steven) |
| Filing 27 OBJECTION re #10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service, #9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by Trustee Process and a Real Estate Attachment on 88 Dingletown Road, Fairfield County, Greenwich, Connecticut, and a Certificate of Service filed by Robert Gary Berkson. (Attachments: #1 Exhibit A - Declaration of Robert Gary Berkson)(Shearin, James) |
| Filing 26 NOTICE of Appearance by James T. Shearin on behalf of Robert Gary Berkson (Shearin, James) |
| Answer deadline updated for Alvin Stanley Abrams to 11/27/2021; Estelle L. Abrams to 11/27/2021; Robert Gary Berkson to 11/24/2021. (Fanelle, N.) |
| Filing 25 AFFIDAVIT of Service for Summons, Complaint, and All Motions and supporting Papers and Affidavits served on First Book & Film Rights Auction, Inc., Alvin Abrams, and Estelle Abrams on 11/8/2021, filed by Emily Haber, Louis Haber. (Attachments: #1 Exhibit A)(Giordano, Philip) |
| Filing 24 Amended AFFIDAVIT of Service for Summons, Complaint, and All Motions and supporting Papers and Affidavits served on Robert Berskon on 11/3/2021, filed by Emily Haber, Louis Haber. (Giordano, Philip) |
| Filing 23 AFFIDAVIT of Service for Summons, Complaint, and All Motions and supporting Papers and Affidavits served on First Book & Film Rights Auction, Inc., by Alvin Abrams, as President on 11/6/2021, filed by Emily Haber, Louis Haber. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(Giordano, Philip) |
| Filing 22 AFFIDAVIT of Service for Summons, Complaint, and All Motions and supporting Papers and Affidavits served on Estelle L. Abrams on 11/6/2021, filed by Emily Haber, Louis Haber. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(Giordano, Philip) |
| Filing 21 AFFIDAVIT of Service for Summons, Complaint, and All Motions and supporting Papers and Affidavits served on Alvin Abrams on 11/6/2021, filed by Emily Haber, Louis Haber. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(Giordano, Philip) |
| Filing 20 AFFIDAVIT of Service for Return of Service served on Robert G. Berkson on 11/3/2021, filed by Emily Haber, Louis Haber. (Giordano, Philip) |
| Answer deadline updated for First Book & Film Rights Auction, Inc. to 11/25/2021. (Fazekas, J.) |
| Filing 19 AFFIDAVIT of Service for Proof of Service served on First Book & Film Rights Auction, Inc., by its Registered Agent on 11/04/2021, filed by Emily Haber, Louis Haber. (Giordano, Philip) |
| Filing 18 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.Hearing set for 11/12/2021 at 09:30 AM before Judge Kari A. Dooley. (Banker, Joshua) |
| Filing 17 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Alvin Stanley Abrams, Estelle L. Abrams, Robert Gary Berkson, First Book & Film Rights Auction, Inc.* with answer to complaint due within *21* days. Attorney *Thomas P Tabellione* *35 Pearl Street* *New Britain, CT 06051*. (Fanelle, N.) |
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Filing 16
ORDER granting #12 Motion to Seal. The Court finds a clear and compelling reason for sealing the papers identified in the Motion. The Court further finds that the proposed sealing is narrowly tailored to address that reason. Specifically, the papers identified in the Motion contain a bank account number, and the publicly docketed papers are appropriately redacted. Signed by Judge Kari A. Dooley on 10/29/2021. (Banker, Joshua)
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Filing 15
ORDER. See attached. A hearing on Plaintiffs' motions for prejudgment remedies is scheduled for November 12, 2021 at 9:30 a.m. The Clerk of the Court is directed to issue summonses in accordance with the attached order. Signed by Judge Kari A. Dooley on 10/29/2021. (Banker, Joshua)
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Filing 14
ORDER granting in part and denying in part #9 Motion for Writ of Garnishment, #10 Motion for Writ of Garnishment, and #11 Motion to Expedite. Courts may only provide a prejudgment remedy on an ex parte basis if the a plaintiff files an affidavit setting forth facts sufficient to show both that there is probable cause that a judgment in the amount of the prejudgment remedy sought will be rendered in favor of the plaintiff and that "there is reasonable likelihood that the defendant (1) has hidden or will hide himself so that process cannot be served on him or (2) is about to remove himself or his property from this state or (3) is about to fraudulently dispose of or has fraudulently disposed of any of his property with intent to hinder, delay or defraud his creditors or (4) has fraudulently hidden or withheld money, property or effects which should be liable to the satisfaction of his debts." Conn. Gen. Stat. Section 52-278e. And even when such remedy might be appropriate, the Due Process Clause of the Fourteenth Amendment requires that courts balance, among other things, the plaintiff's need for such remedy with the defendant's right to be heard. See Connecticut v. Doehr, 501 U.S. 1 (1991); see also Shaumyan v. O'Neill, 987 F.2d 122, 126 (2d Cir. 1993) (applying Doehr and upholding a prejudgment remedy).Plaintiffs, though not citing to Section 52-278e, do raise the specter of assets being concealed if the Defendants are provided notice of the prejudgment remedy application. They rely largely on a history of nefarious undertakings by the Defendants as well as somewhat speculative and conclusory allegations of a present risk of assets being hidden or transferred. On this record, the Court cannot conclude that the statutory requirements for providing ex parte relief are met. Indeed, Plaintiffs have requested an attachment be made on real property located at 88 Dingletown Road, Greenwich, Connecticut but have not identified any evidence-based concern that Defendant Estelle Abrams might fraudulently dispose of that property before a judgment could be rendered in this case, or a hearing held on the application for prejudgment remedy. Moreover, the Court has concerns about denying the Defendants' the right to be heard, where, as here, the issue of whether to provide a prejudgment remedy is not one that can or will be decided solely on documentary proof. Cf. Shaumyan, 987 F.2d at 12627 (citing Doehr, 501 U.S. at 14). Plaintiffs' request for ex parte relief is therefore DENIED.However, the Court GRANTS Plaintiffs' motion to the extent it seeks, in the alternative, a hearing on the application. Such hearing is scheduled for November 12, 2021 at 9:30 a.m. A separate order will enter directing Plaintiffs to serve the Defendants with notice of this hearing in accordance with Conn. Gen. Stat. Section 52-278c. SO ORDERED. Signed by Judge Kari A. Dooley on 10/29/2021. (Banker, Joshua)
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| Filing 13 SEALED MOTION with Certificate of Service LR 4(c) & 5(e) Motion to Seal Ex Parte and Unredacted Attachment Motions and Supporting Papers by Emily Haber, Louis Haber. (Attachments: #1 Supplement [Unredacted] Ex Parte Motion for Attachment by Trustee Process, #2 Memorandum in Support [Unredacted] Memorandum in Support of Ex Parte Attachment Motions, #3 Text of Proposed Order [Unredacted[ [Proposed] Order and Writ of Attachment by Trustee Process and Real Estate Attachment)(Giordano, Philip) |
| Filing 12 Memorandum in Support re #10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service, #9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by Trustee Process and a Real Estate Attachment on 88 Dingletown Road, Fairfield County, Greenwich, Connecticut, and a Certificate of Service, #11 MOTION to Expedite re #10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service, #9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by T with Certificate of Service filed by Emily Haber, Louis Haber. (Giordano, Philip) |
| Filing 11 MOTION to Expedite re #10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service, #9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by Trustee Process and a Real Estate Attachment on 88 Dingletown Road, Fairfield County, Greenwich, Connecticut, and a Certificate of Service Solely In the Alternative, for a Short Order of Notice, with Certificate of Service by Emily Haber, Louis Haber. (Giordano, Philip) |
| Filing 10 MOTION for Writ of Garnishment on Ex Parte Basis, for a Writ of Attachment by Trustee Process, and a Certificate of Service by Emily Haber, Louis Haber. (Giordano, Philip) |
| Filing 9 MOTION for Writ of Garnishment on Ex Parte Basis, for Writs of Attachment by Trustee Process and a Real Estate Attachment on 88 Dingletown Road, Fairfield County, Greenwich, Connecticut, and a Certificate of Service by Emily Haber, Louis Haber. (Attachments: #1 Affidavit of Louis Haber, #2 Affidavit of Emily Haber, #3 Affidavit of Philip M. Giordano, Esq., #4 Exhibit 1, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P, #21 Exhibit Q, #22 Exhibit R, #23 Exhibit S, #24 Exhibit T, #25 Exhibit U, #26 Exhibit V, #27 Exhibit W, #28 Exhibit X, #29 Exhibit Y, #30 Exhibit Z, #31 Exhibit AA, #32 Exhibit BB, #33 Exhibit CC, #34 Exhibit DD, #35 Exhibit EE, #36 Exhibit FF, #37 Text of Proposed Order [Redacted] as to Issuance of Writs of Attachment by Trustee Process and a Real Estate Attachment)(Giordano, Philip) |
| Filing 8 NOTICE of Appearance by Philip Giordano on behalf of Emily Haber, Louis Haber with Certificate of Service (Giordano, Philip) |
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Filing 7
ORDER granting #6 Motion to Appear Pro Hac Vice for Attorney Philip M. Giordano, Esq, Certificate of Good Standing due by 12/14/2021. Signed by Clerk on 10/15/2021. (Fanelle, N.)
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| Filing 6 MOTION for Attorney(s) Philip M. Giordano, Esq. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6685115) by Louis Haber. (Attachments: #1 Affidavit of Philip M. Giordano, Esq.)(Tabellione, Thomas) |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Standing Protective Order, #1 Complaint,,, filed by Louis Haber, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 10/13/2021.(Fazekas, J.) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 10/12/2021.(Fazekas, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 10/12/2021.(Fazekas, J.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 12/11/2021. Discovery due by 4/13/2022. Dispositive Motions due by 5/18/2022. Signed by Clerk on 10/12/2021.(Fazekas, J.)
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| Filing 1 COMPLAINT with Demand for Jury Trial against All Defendants ( Filing fee $402 receipt number ACTDC-6681064.), filed by Louis Haber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Supplement Civil Action Cover Sheet)(Tabellione, Thomas) |
| Judge Kari A. Dooley added. (Oliver, T.) |
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