CHISHTI v. SPOTTISWOODE
| ZIA CHISHTI |
| TATIANA SPOTTISWOODE |
| 1:2023cv00859 |
| March 29, 2023 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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| Filing 19 TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on 4-28-23; Page Numbers: 1-36. Court Reporter/Transcriber Tammy Nestor, Telephone number 202-354-3127, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/15/2023. Redacted Transcript Deadline set for 6/25/2023. Release of Transcript Restriction set for 8/23/2023.(Nestor, Tammy) |
| Cases Consolidated. Case 23-859 has been consolidated with case 22-3490,pursuant to an Order entered 5/12/2023. From this date forward, all pleadings shall be filedONLY in the lead/earlier case, Civil Action No. 22-3490. The parties are advised NOT to file documents in both cases, as this will result in repetitive docketing. (znmw) |
Filing 18
ORDER. Upon review of the record, the Court finds that Case No. 22-cv-3490 and Case No. 23-cv-0859 are closely related pursuant to Fed. R. Civ. P. 42(a)(2), and therefore, it is hereby ORDERED that these actions shall be CONSOLIDATED. All filings must be made on the docket in Case No. 22-cv-3490, and it is ORDERED that the Clerk of Court is directed to close Case No. 23-cv-0859. It is FURTHER ORDERED that: Ronald S. Sullivan, Jr. must file a notice of appearance on behalf of plaintiff Sarah Pobereskin by May 15, 2023; the newly retained attorneys from Aidala Bertuna & Kamins, PC in New York must file any motions to appear pro hac vice, which must comport with LCvR 83.2(c), by May 31, 2023; the pro se complaint will be stricken pursuant to Fed. R. Civ. P. 8 and 12(f), and the Clerk of Court is directed to strike all versions of the complaint currently on the docket in Case No. 22-cv-3490 at Dkts. #1 #5 and #6 . Plaintiffs may file an amended complaint by June 12, 2023; plaintiffs must review the docketed Order for further instructions and details concerning the amended complaint. The pending motions to dismiss in Case No. 22-cv-3490 at Dkts. 21 22 23 24 25 are hereby DENIED AS MOOT, and the schedule for the filing of oppositions is vacated; pleadings in response to the amended complaint will be due on July 3, 2023. No motions for sanctions pursuant to Fed. R. Civ. P. 11 may be filed in this case pending further order of the Court; and in light of today's Order, plaintiffs' motion at Dkt. 30 in Case No. 22-cv-3490 is DENIED AS MOOT. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/12/2023. (lcabj2)
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MINUTE ORDER. It is the Court's intention to consolidate Case No. 23-cv-00859 with Case No. 22-cv-03490. Once counsel has entered an appearance in Case No. 22-cv-03490, the Court will issue an order with further instructions. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/09/2023. (lcabj2)
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| Filing 17 Joint STATUS REPORT by TATIANA SPOTTISWOODE. (Bailen, Mark) |
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MINUTE ORDER. As stated during the teleconference held on April 28, 2023, plaintiff's #13 motion for a temporary restraining order is DENIED. To the extent that the operative pleading [2-1] in this case removed from Superior Court has initiated a civil action for a permanent injunction in this court, the Court will consolidate consideration of plaintiff's request for a preliminary injunction #13 with consideration of the merits of the underlying action pursuant to Federal Rule of Civil Procedure 65(a)(2). This ruling does not reach, and should not be interpreted as any statement of the Court's position on the defendant's requests, in the alternative, that this action be dismissed, that it be consolidated with 22-cv-03490, or "that the Court order Chisti to file a Complaint pursuant to FRCP 81(c)(2)." SO ORDERED. Signed by Judge Amy Berman Jackson on 04/28/2023. (lcabj2)
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| Minute Entry for Proceedings held before Judge Amy Berman Jackson: Telephone Conference Call held on 4/28/2023. For the reasons stated on the record during the call, the #13 Sealed Motion for Temporary Restraining Order is DENIED. The parties are directed to file a Status Report with the Court by 5/5/2023. (Court Reporter: Tammy Nestor). (jth) |
| Filing 16 NOTICE of Appearance by Matthew C. Daly on behalf of TATIANA SPOTTISWOODE (Daly, Matthew) |
| Filing 15 NOTICE of Appearance by Martin S. Hyman on behalf of TATIANA SPOTTISWOODE (Hyman, Martin) |
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MINUTE ORDER. Due to a conflict on the Court's calendar, the Telephone Conference Call presently set for 4/28/2023 at 2:00 PM before Judge Amy Berman Jackson, is RESET for 4/28/2023 at 1:00 PM (Same Date, New Starting Time) before Judge Amy Berman Jackson. The dial up number and pass codes that have already been distributed to counsel will be the same for this new starting time. Signed by Judge Amy Berman Jackson on 4/27/2023. (jth)
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MINUTE ORDER granting #10 #11 Motions for Leave of Martin S. Hyman and Matthew C. Daly to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Amy Berman Jackson on 4/26/23. (DMK)
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MINUTE ORDER. It is ORDERED that a Telephone Conference Call is set for 4/28/2023 at 2:00 PM before Judge Amy Berman Jackson. The Court's Deputy Clerk, in a separate email, will provide counsel with the toll-free dial up number and pass codes needed to access the call. Counsel whose motions to appear Pro Hac Vice were granted will be allowed to participate on the call. Signed by Judge Amy Berman Jackson on 4/26/2023. (jth)
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| Filing 14 SEALED OPPOSITION filed by TATIANA SPOTTISWOODE re #13 Sealed Motion for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction. (Attachments: #1 Declaration)(znmw) |
| Filing 13 SEALED MOTION for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction filed by ZIA CHISHTI. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(znmw) |
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MINUTE ORDER granting #12 Sealed Motion for Leave to File Document Under Seal. The Clerk of Court is directed to file the [12-1] opposition and [12-2] declaration and exhibits under seal. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/25/2023. (lcabj2)
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MINUTE ORDER granting #9 Sealed Motion for Leave to File Document Under Seal. The Clerk of Court is directed to file the [9-2] motion, the [9-3] [9-4] [9-5] accompanying exhibits, and the [9-6] proposed order under seal. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/25/2023. (lcabj2)
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| Filing 12 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TATIANA SPOTTISWOODE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Opposition to Motions for TRO and to Seal, #2 Declaration of Tatiana Spottiswoode with exhibits)(Bailen, Mark) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew C. Daly, Filing fee $ 100, receipt number ADCDC-10020872. Fee Status: Fee Paid. by TATIANA SPOTTISWOODE. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Bailen, Mark) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Martin S. Hyman, Filing fee $ 100, receipt number ADCDC-10020850. Fee Status: Fee Paid. by TATIANA SPOTTISWOODE. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Bailen, Mark) |
| Filing 9 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ZIA CHISHTI (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(Sullivan, Ronald) |
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MINUTE ORDER granting #8 Motion for Extension of Time to Answer. Defendant must answer or otherwise respond to the complaint by May 31, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/12/2023. (lcabj2)
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| Filing 8 Consent MOTION for Extension of Time to File Answer or to Otherwise Respond to Plaintiff's Filings by TATIANA SPOTTISWOODE. (Attachments: #1 Text of Proposed Order)(Bailen, Mark) |
| Filing 7 SEALED DOCUMENT filed by TATIANA SPOTTISWOODE. re #1 Notice of Removal. (This document is SEALED and only available to authorized persons.)(znmw) |
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MINUTE ORDER granting #2 Sealed Motion for Leave to File Document Under Seal. The Clerk of Court is directed to file under seal the attachment [2-1]. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/06/2023. (lcabj2)
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| Filing 6 NOTICE of Appearance by Ronald S. Sullivan, Jr on behalf of ZIA CHISHTI (Sullivan, Ronald) |
| Filing 5 NOTICE to Counsel/Party re #1 Notice of Removal, (znmw) |
| Case Assigned to Judge Amy Berman Jackson. (znmw) |
| Filing 4 NOTICE OF RELATED CASE by TATIANA SPOTTISWOODE. Case related to Case No. 1:22cv03490 (ABJ). (Bailen, Mark) (Main Document 4 replaced on 4/3/2023) (znmw). |
| Filing 3 CIVIL COVER SHEET (corrected) by TATIANA SPOTTISWOODE re #1 Notice of Removal, filed by TATIANA SPOTTISWOODE. Related document: #1 Notice of Removal, filed by TATIANA SPOTTISWOODE.(Bailen, Mark) (Main Document 3 replaced on 4/3/2023) (znmw). |
| NOTICE OF ERROR re #1 Notice of Removal; emailed to mb@bailenlaw.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Missing Related Case form. Please submit using the event Notice of Related Case., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) |
| Filing 2 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TATIANA SPOTTISWOODE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Superior Court Documents (subject to sealing), #2 Exhibit - Judge Howell Mem. Opinion and Order on Sealing)(Bailen, Mark) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of DC, case number 2023-CAB-001641 Filing fee $ 402, receipt number ADCDC-9961871 filed by TATIANA SPOTTISWOODE. (Attachments: #1 Exhibit 1 (Superior Court Pleadings - subject to motion to seal), #2 Exhibit 2 (Complaint in 1:22-cv-03490-ABJ), #3 Civil Cover Sheet)(Bailen, Mark) |
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| Plaintiff: ZIA CHISHTI | |
| Represented By: | Ronald S. Sullivan, Jr. |
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| Defendant: TATIANA SPOTTISWOODE | |
| Represented By: | Mark Bailen |
| Represented By: | Martin S. Hyman |
| Represented By: | Matthew C. Daly |
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