Guardian Life Insurance Company of America v. Coe et al
| Guardian Life Insurance Company Of America |
| Sima Coe, Rinat Lustig Zelenko, Levi Yitzchok Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Nochem Dovid Zelenko, Shmuel Nossen Yaacov Zelenko, Menachem Mendel Zelenko, Shira Zelenko, Liba Zelenko, Larisa Zelenko, Frank Zelenko, Cross River Bank, Investors Bank, E.D.Z., N.D.Z., S.N.Y.Z., M.M.Z., S.Z. and L.Z. |
| 9:2024cv80444 |
| April 10, 2024 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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| Filing 126 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 125 Case transferred in from New York Southern; Case Number 1:22-cv-08435. Electronic file including transfer order and docket sheet received. .(jua). |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Florida.(rro) |
Filing 124
ORDER FOR TRANSFER OF CASE AND FUNDS TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA: The Clerk of the Court is directed to: (1) transfer this case to the Southern District of Florida for the reasons stated in the Opinion and Order of March 19, 2024 (Docket # 122); and (2) transfer to the Clerk of the Court for the Southern District of Florida for deposit in that court all money with accrued interest as deposited with this Court on July 12, 2023, and held in Court Registry Investment System (CRIS) Receipt Number NYSCAA23-00352. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2024) (rro) Transmission to Finance Unit (Cashiers) for processing. Transmission to Office of the Clerk of Court for processing.
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| Filing 123 PROPOSED ORDER. Document filed by Rinat Lustig Zelenko(Individually). Related Document Number: #122 ..(Gielchinsky, Daniel) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #123 Proposed Order was reviewed and approved as to form. (tp) |
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Filing 122
OPINION AND ORDER re: #115 MOTION to Transfer Case to Southern District of Florida with Declaration of Daniel Y. Gielchinsky and Memorandum of Law. filed by Rinat Lustig Zelenko. For the reasons stated above, Rinat has made a meritorious motion to transfer this case to the Southern District of Florida. The Court will delay issuing the order of transfer, however, until 14 days has elapsed to allow a party to seek a stay of the transfer in the event that any party seeks review of this Opinion and Order pursuant to Federal Rule of Civil Procedure 72(a) and files a motion for a stay pending that review. In the absence of an order granting such a stay, however, the Court will direct the Clerk to effectuate the transfer. Also, within 14 days of the issuance of this Opinion and Order, the parties shall submit a proposed order to transfer the interpleaded funds to the Clerk of the Court for the Southern District of Florida. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2024) (tg)
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| Filing 121 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Daniel Y. Gielchinsky, Esq. dated February 29, 2024 re: Motion to Transfer - Fully Submitted. Document filed by Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
| Filing 120 REPLY MEMORANDUM OF LAW in Support re: #115 MOTION to Transfer Case to Southern District of Florida with Declaration of Daniel Y. Gielchinsky and Memorandum of Law. . Document filed by Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
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Filing 119
MEMO ENDORSEMENT on MOTION TO WITHDRAW APPEARANCE: granting #118 Motion to Withdraw as Attorney. ENDORSEMENT: Application to withdraw granted. SO ORDERED. Attorney Patrick Walter Begos terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/29/2024) (ama)
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| Filing 118 MOTION for Patrick W. Begos to Withdraw as Attorney for Plaintiff, Guardian Life Insurance Company. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 117 REPLY MEMORANDUM OF LAW in Opposition re: #115 MOTION to Transfer Case to Southern District of Florida with Declaration of Daniel Y. Gielchinsky and Memorandum of Law. . Document filed by E.D.Z., M.M.Z., N.D.Z., S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Frank Zelenko(Individually), Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko..(Kutner, Kenneth) |
| Filing 116 DECLARATION of Kenneth L. Kutner, Esq. in Opposition re: #115 MOTION to Transfer Case to Southern District of Florida with Declaration of Daniel Y. Gielchinsky and Memorandum of Law.. Document filed by E.D.Z., M.M.Z., N.D.Z., S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Frank Zelenko(Individually), Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko..(Kutner, Kenneth) |
| Filing 115 MOTION to Transfer Case to Southern District of Florida with Declaration of Daniel Y. Gielchinsky and Memorandum of Law. Document filed by Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
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Filing 114
ORDER denying without prejudice #113 Motion to Transfer Case. The motion is denied without prejudice for failure to comply with Southern District of New York Local Civil Rule 7.1(a) as well as paragraphs 2.B and 2.D of the Courts Individual Practices. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
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| Filing 113 MOTION to Transfer Case to Southern District of Florida, West Palm Beach Division. Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Gielchinsky, Daniel) |
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Filing 112
ORDER: After consultation with the parties, the following scheduling order is adopted by the Court pursuant to Rule 16 of the Federal Rules of Civil Procedure: Counsel shall confer with one another by telephone or in person within 30 days of the date of this Order regarding production of electronically stored information (ESI),including but not limited to sources of relevant ESI; steps taken or to be taken to preserve relevant ESI; identification of appropriate custodians; ESI search and review procedures; form of production of ESI; and any limitations or anticipated difficulties regarding discovery or production of ESI. Amended Pleadings due by 2/16/2024. Joinder of Parties due by 2/16/2024. Motions due by 5/10/2024. All Expert Discovery due by 5/3/2024. All Discovery due by 5/3/2024. and as set forth herein. The Court notes that, absent an order of the Court stating otherwise, this schedule will remain in effect even if a motion to transfer is filed. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/07/2024) (ama)
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| Filing 111 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Daniel Y. Gielchinsky, Esq. jointly on behalf of both counsel dated 2/7/2024 re: Joint Scheduling Request. Document filed by Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko, Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Shira Zelenko..(Gielchinsky, Daniel) |
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Filing 110
ORDER: As was previously noted (Docket # 95), it does not appear from the docket sheet that there was ever a scheduling order issued in this case or that the parties ever devised a discovery plan as required by Fed. R. Civ. P. 26(f). The parties are directed to confer immediately to see if they can agree on a discovery schedule. If so, they should file a jointly-composed letter on ECF proposing that schedule. If they cannot agree, they should file separate letters. Any such letter or letters shall be filed by February 9, 2024. If the parties intend to stipulate to transfer this case, any such stipulation (signed by all remaining parties or their attorneys and providing the statutory basis and reasons for transfer),shall be filed on or before February 9, 2024. Any such stipulation should bear a signature line for Judge Andrew L. Carter. If instead, Rinat intends to file a motion to transfer, any such motion shall be filed by February 9, 2024, and shall be made returnable before the undersigned. SO ORDERED( Motions due by 2/9/2024.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/24/2024) (cf)
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Filing 109
AGREED ORDER DIRECTING CLERK TO DISBURSE FEES TO GUARDIAN AND DISMISSING GUARDIAN FROM ACTION Pursuant to the Stipulation by and among Plaintiff (a) Guardian Life Insurance Company of America ("Guardian"); (b) Defendants, Rinat Lustig Zelenko, individually, as Co-Trustee of the Family Living Trust dated December 4, 2019, as amended and restated, as Trustee of the Article VI Trusts f/b/o S.Z. and L.Z. established under the Zelenko Trust, and as natural guardian of her minor children, S.Z. and L.Z. (collectively, "Rinat"); and (c) Defendants, Levi Yitzchok Zelenko, Esther Tova Zelenko, E.D.Z., N.D.Z., S.N.Y.Z, M.M.Z., Larisa Zelenko, and Frank Zelenko (individually and as Trustee of the Zelenko Family Living Trust dated 12/4/19 and amended January 2021) (collectively "Zelenko Defendants"), the Court orders and adjudges as follows: 1. Guardian shall receive the agreed-upon amount of $29,000.00 in full satisfaction of its claim for attorneys' fees. 2. The Clerk, via the Department of the Treasury, is directed to disburse the sum of $29,000.00 to Guardian from the deposit held in CRIS, Receipt Number NYSCCA23-00352. 3. The disbursed sum of $29,000.00, shall be made via check, issued by the Department of the Treasury, made payable to the Guardian Life Insurance Company of America, 700 South Street, Pittsfield, MA 01201, Attn: Candice Farrell. 4. Upon the disbursal to Guardian of the funds set forth in the preceding paragraphs, Guardian shall be, and hereby is, dismissed from this action. 5. The Court retains jurisdiction to resolve Rinat's and the Zelenko Defendants' competing claims to the remainder of the funds on deposit in CRIS. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/23/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 108 PROPOSED STIPULATION AND ORDER. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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Filing 107
ORDER granting #106 Letter Motion for Extension of Time to File. Extension to January 16, 2024, granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/11/2024) (ks)
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| Set/Reset Deadlines: Motions due by 1/16/2024. (ks) |
| Filing 106 LETTER MOTION for Extension of Time to File Motion for Attorneys' Fees addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Begos dated January 10, 2024. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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Filing 105
ORDER: The Court amends its order docketed as # 103 as follows. First, if there is good reason to delay the filing of the attorney's fee motion until further proceedings in the case have concluded, the Court is prepared to hear from the parties on the issue, even if the parties cannot reach an agreement. In the event both sides agree that the motion should not await further proceedings, the attorney's fee motion shall comply with the Individual Practices of the undersigned and shall be filed by January 16, 2024. Thus, the remaining briefing schedule on the motion would be in accordance with paragraph 2.B of those Practices. SO ORDERED., ( Motions due by 1/16/2024.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/03/2024) (ama)
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Filing 104
SECOND AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/2/24) (yv)
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Filing 103
MEMO ENDORSEMENT: on re: #96 Letter filed by Guardian Life Insurance Company of America. ENDORSEMENT: The cited filings are obviously insufficient to adjudicate Guardians request for attorney's fees. That being said, the Court does not read defendant's submission (Docket # 101) as suggesting that Guardian has now waived its right to seek such fees. Nor would the Court agree that Guardian had waived that right. Nonetheless, the request cannot be adjudicated based on the current record. It may be that there would be some efficiency to waiting until the parties' substantive rights to the deposited funds are determined before briefing and adjudicating any such motion. The parties are directed to discuss this issue. If agreement cannot be reached, Guardian is directed to file a motion that complies with Local Civil Rule 7.1(a) on or before January 16, 2024. Any such motion must of course include time records and must fully support Guardian's request. Because dispositive motions have not been referred to the undersigned, and an attorney's fees motion is considered a dispositive motion, any such motion is returnable before Judge Carter and shall comply with his Individual Practices. SO ORDERED., ( Motions due by 1/16/2024.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/02/2024) (ama)
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Filing 102
MEMO ENDORSEMENT on DEFENDANTS' UNOPPOSED MOTION FOR CHANGE OF VENUE TO THE SOUTHERN DISTRICT OF FLORIDA: denying without prejudice #97 Motion to Transfer Case. ENDORSEMENT: Application denied without prejudice as this is not an "unopposed" motion and it fails to comply with the requirements of Local Civil Rule 7.1(a). SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/02/2024) (ama)
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| Filing 101 REPLY to Response to Motion re: #97 CONSENT MOTION to Transfer Case to Southern District of Florida, West Palm Beach Division (unopposed). . Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
| Filing 100 MEMORANDUM OF LAW in Opposition re: #97 CONSENT MOTION to Transfer Case to Southern District of Florida, West Palm Beach Division (unopposed). . Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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Filing 99
ORDER In light of the pendency of Guardian Life Insurance Company of America's request for fees (see Docket # 76, par 6), and notwithstanding the discharge of Guardian reflected in Docket # 76, the Court finds it appropriate to determine whether Guardian has any objection to the "unopposed" motion to transfer of this case (which would include a transfer of its pending fee request) to the Southern District of Florida reflected in Docket # 97. Guardian shall file a letter stating its position on or before January 5, 2024. SO ORDERED. (Responses due by 1/5/2024) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/27/2023) (jca)
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Filing 98
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF CLAIMS: Pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii) and (c)(1), and in accordance with the agreement of the parties as set forth in the July 26, 2023 Joint Status Report filed at ECF No. 78, the parties hereby agree to this Joint Stipulation of Voluntary Dismissal with Prejudice of the following claims: 1. Sima Coe's Cross-Claim against Defendants filed at ECF No. 33; 2. Count I of Rinat Zelenko's Cross-Claim against Defendants filed at ECF No. 37; 3. Cross River Bank's Cross-Claim and Claim for Relief against Sima Coe filed at ECF No. 44; and 4. Investors Bank's Cross-Claim against Guardian filed at ECF No. 48. The above claims are hereby voluntarily dismissed with prejudice, and with the parties to bear their own attorneys' fees and costs. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/26/2023) (ate)
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| Filing 97 CONSENT MOTION to Transfer Case to Southern District of Florida, West Palm Beach Division (unopposed). Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
| Filing 96 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Begos dated December 21, 2023 re: Amended Order of Reference (Doc. 94). Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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Filing 95
ORDER: terminating #92 Letter Motion for Conference re: #92 LETTER MOTION for Conference via videconference. addressed to Judge Andrew L. Carter, Jr. from Daniel Y. Gielchinsky dated December 1, 2023. LETTER MOTION for Discovery Pre-motion conference request via videoconference. addressed to Judge Andrew L. Carter, Jr. from Daniel Y. Gielchinsky dated December 1, 2023; terminating #92 Letter Motion for Discovery. The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The parties should write to the Court at any time that they wish to participate in Court-sponsored mediation. The Court is aware of the letter filed as docket # 92 raising discovery disputes and are sponse filed as docket # 93. At this point, it is unclear what issues are in dispute. The attorneys are directed to contact each other forthwith and to discuss any remaining disputes by telephone. If following this telephone call any disputes remain, they may be presented to the Court in a new letter filed on ECF and compliant with paragraph 2.A of the undersigned's Individual Practices.Additionally, it does not appear from the docket sheet that there was ever a scheduling order issued in this case or that the parties ever devised a discovery plan as required by Fed. R. Civ. P. 26(f). The parties are directed to confer immediately to see if they can agree on a discovery schedule. If so, they should file a jointly-composed letter on ECF proposing that schedule. If they cannot agree, they should file separate letters. Any such letter or letters shall be filed by December 22, 2023. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/18/2023) (ama)
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Filing 94
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Andrew L. Carter, Jr on 12/18/2023) (ate)
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| Filing 93 LETTER addressed to Judge Andrew L. Carter, Jr. from Kenneth L. Kutner, Esq. dated December 4, 2023 re: Pre-motion Conference. Document filed by E.D.Z., L.Z., M.M.Z., N.D.Z., S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Frank Zelenko(Individually), Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko. (Attachments: #1 Exhibit Letter to Daniel Y. Gielchinsky, Esq. dated 12.4.23, #2 Exhibit Amended Responses).(Kutner, Kenneth) |
| Filing 92 LETTER MOTION for Conference via videconference addressed to Judge Andrew L. Carter, Jr. from Daniel Y. Gielchinsky dated December 1, 2023., LETTER MOTION for Discovery Pre-motion conference request via videoconference addressed to Judge Andrew L. Carter, Jr. from Daniel Y. Gielchinsky dated December 1, 2023. Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
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Filing 91
ORDER APPROVING THE NOTICE OF STIPULATION FOR SUBSTITUTION OF COUNSEL: ORDERS, as follows: 1. The Stipulation is APPROVED. 2. Daniel Y. Gielchinsky, Esq. of the law firm of DGIM LAW, PLLC is hereby substituted for Nathan Reed Lander, Matthew Triggs, Jared DuBosar, and the law firm of Proskauer Rose LLP, as counsel of record for Defendant Rinat Lustig Zelenko, individually, as Co-Trustee of the Family Living Trust dated December 4, 2019, as amended and restated (the "Zelenko Trust"), as Trustee of the Article VI Trusts f/b/o S.Z. and L.Z. established under the Zelenko Trust, and as natural guardian of her minor children, S.Z. and L.Z. (collectively, "Rinat Lustig") in this matter. 3. All future pleadings and correspondence to Rinat Lustig in this matter should be directed to the attention of Daniel Y. Gielchinsky, Esq., DGIM Law, PLLC, 43 West 43rd Street Suite 70, New York, NY 10036-7424, dan@dgimlaw.com. 4. Nathan Reed Lander, Matthew Triggs, Jared DuBosar and Proskauer Rose LLP are hereby discharged as counsel of record and relieved of any further responsibility in this matter to Rinat Lustig. DONE AND ORDERED. Attorney Matthew Triggs; Jared M. DuBosar and Nathan Reed Lander terminated. (Signed by Judge Andrew L. Carter, Jr on 10/23/2023) (tg)
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| Filing 90 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by L.Z., S.Z., Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually). Related Document Number: #89 ..(Gielchinsky, Daniel) |
| Filing 89 NOTICE of Substitution of Attorney. Old Attorney: Nathan Reed Lander, Matthew Triggs, Jared DuBosar and Proskauer Rose LLP, New Attorney: Daniel Y. Gielchinsky, Esq., DGIM Law, PLLC, Address: DGIM Law, PLLC, 43 West 43rd Street, Suite 70, New York, NY, USA 10036-7424, 917-439-4441. Document filed by L.Z., S.Z., Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually). (Attachments: #1 Proposed Order Proposed Order for Substitution of Attorney).(Gielchinsky, Daniel) |
| Filing 88 NOTICE OF APPEARANCE by Daniel Y. Gielchinsky on behalf of L.Z., S.Z., Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Gielchinsky, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 9/13/2023. (cf) |
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Filing 87
ORDER: granting #86 Letter Motion for Conference re: #86 LETTER MOTION for Conference -seeking the Court's permission to allow the Parties to attend their upcoming settlement conference via video. addressed to Magistrate Judge Gabriel W. Gorenstein from Jared M. DuBosar and Kenneth L. Kutner. The applications herein are granted. The parties shall arrange the video platform(preferably Zoom) and shall supply a link via email at the time they make their settlement submissions. SO ORDERED. Settlement Conference set for 9/13/2023 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/18/2023) (ama)
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| Filing 86 LETTER MOTION for Conference - seeking the Court's permission to allow the Parties to attend their upcoming settlement conference via video addressed to Magistrate Judge Gabriel W. Gorenstein from Jared M. DuBosar and Kenneth L. Kutner dated August 18, 2023. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(DuBosar, Jared) |
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Filing 85
ORDER SCHEDULING SETTLEMENT CONFERENCE: granting #83 Letter Motion for Conference re: #83 FIRST LETTER MOTION for Conference before Magistrate Judge (Settlement Conference). addressed to Judge Andrew L. Carter, Jr. from Jared DuBosar dated August 10, 2023. A settlement conference in this matter is scheduled for September 13, 2023 at 10:00 a..m. in Courtroom 6-B, 500 Pearl Street, New York, New York.1 All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to passthrough the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. and as set forth herein. SO ORDERED. Settlement Conference set for 9/13/2023 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2023) (ama)
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Filing 84
ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Andrew L. Carter, Jr on 8/10/2023) (kv)
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| Filing 83 FIRST LETTER MOTION for Conference before Magistrate Judge (Settlement Conference) addressed to Judge Andrew L. Carter, Jr. from Jared DuBosar dated August 10, 2023. Document filed by Rinat Lustig Zelenko(Individually)..(DuBosar, Jared) |
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Filing 82
STIPULATION OF DISMISSAL OF CROSS-CLAIM (DOC. 48) WITH PREJUDICE: IT IS HEREBY STIPULATED between undersigned counsel that the cross-claim asserted by Defendant, Investors Bank against Plaintiff, Guardian Life Insurance Company ofAmerica (Doc. 48), be, and the same hereby is, dismissed with prejudice, and without costs or attorneys' fees to either party. This stipulation is without prejudice to Guardian's motion for an award of attorneys' fees (Docs. 22-25, 46-47). SO ORDERED., Guardian Life Insurance Company of America terminated. (Signed by Judge Andrew L. Carter, Jr on 8/08/2023) (ama)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #80 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;. (nd) |
| Filing 81 PROPOSED STIPULATION AND ORDER. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 80 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Cross River Bank, Sima Coe, Investors Bank, Rinat Lustig Zelenko(Individually) and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Cross River Bank. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Delionado, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney John Delionado. RE-FILE Document No. #79 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| Filing 79 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Sima Coe and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Cross River Bank. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Delionado, John) Modified on 8/3/2023 (km). |
| Filing 78 STATUS REPORT. - Joint Status Report Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(DuBosar, Jared) |
| CASHIERS OFFICE CRIS DEPOSIT as per #76 Order on Motion to Discharge, dated 6/28/2023, from Judge Andrew L. Carter, Jr, $2,580,684.93 deposited on 07/12/2023, Receipt Number NYSCCA23-00352 and placed into CRIS on 07/13/2023..(bwi) |
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Filing 77
ORDER: The parties are ORDERED to submit a joint status report by July 26, 2023. (Signed by Judge Andrew L. Carter, Jr on 7/18/2023) (ate)
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Filing 76
AGREED ORDER DISCHARGING AND DISMISSING GUARDIAN AND ENJOINING FURTHER LITIGATION AGAINST GUARDIAN REGARDING INSURANCE PROCEEDS INSURING THE LIFE OF VLADIMIR ZELENKO terminating #46 Motion to Discharge. Within fifteen (15) days after the entry of this Order Guardian shall deliver to the Clerk of Court a check for the $2,500,000 Death Benefit (plus 3% accrued interest) associated with Policy Number 6765591, which the Clerk shall deposit into an interest-bearing account maintained by the Court pursuant to Fed. R. Civ. P. 67 and Local Rule 67.1. All claims or counterclaims asserted against Guardian are dismissed with prejudice, with the only matter remaining in this action pertaining to Guardian being its motion for an award of attorneys' fees. The Court reserves jurisdiction to enforce the terms of the Parties' Stipulation and Order. (Signed by Judge Andrew L. Carter, Jr on 6/28/2023) (ate)
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| Filing 75 PROPOSED STIPULATION AND ORDER. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202). (Attachments: #1 Exhibit A, #2 Exhibit B).(DuBosar, Jared) |
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Filing 74
ORDER FOR ADMISSION PRO HAC VICE FOR JARED M. DUBOSAR granting #67 MOTION for Jared M. DuBosar to Appear Pro Hac Vice. The motion of Jared M. DuBosar for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (jca)
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Filing 73
ORDER granting #66 Motion for Matthew Triggs to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (ate)
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| Filing 72 LETTER addressed to Judge Andrew L. Carter, Jr. from Patrick W. Begos dated March 21, 2023 re: Response to Dkt. No. 70. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 71 LETTER addressed to Judge Andrew L. Carter, Jr. from Patrick W. Begos dated March 21, 2023 re: Response to Dkt. No. 70. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 70 LETTER addressed to Judge Andrew L. Carter, Jr. from Nathan R. Lander dated March 20, 2023 re: request for pre-motion conference. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Lander, Nathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #67 MOTION for Jared M. DuBosar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27478567. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Matthew Triggs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27478529. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 69 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Discharge : Notice of Motion for Discharge and Other Relief [23-25]. . Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 68 DECLARATION of Patrick W. Begos in Support re: #46 MOTION to Discharge : Notice of Motion for Discharge and Other Relief [23-25].. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 67 MOTION for Jared M. DuBosar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27478567. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202). (Attachments: #1 Exhibit - Affidavit of Jared M. DuBosar, #2 Exhibit - Certificate of Good Standing, #3 Text of Proposed Order - Proposed Order).(DuBosar, Jared) |
| Filing 66 MOTION for Matthew Triggs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27478529. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202). (Attachments: #1 Exhibit Affidavit of Matthew Triggs, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Triggs, Matthew) |
| Filing 65 RESPONSE TO ORDER TO SHOW CAUSE re: #56 Order to Show Cause,,,,. Document filed by E.D.Z., L.Z., M.M.Z., N.D.Z., S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Frank Zelenko(Individually), Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko..(Kutner, Kenneth) |
| Filing 64 RESPONSE re: #56 Order to Show Cause,,,, . Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Lander, Nathan) |
| Filing 63 RESPONSE TO ORDER TO SHOW CAUSE re: #56 Order to Show Cause,,,,. Document filed by Cross River Bank..(Delionado, John) |
| Filing 62 MEMORANDUM OF LAW in Opposition re: #46 MOTION to Discharge : Notice of Motion for Discharge and Other Relief [23-25]. . Document filed by Sima Coe..(BenHaim, David) |
| Filing 61 RESPONSE re: #48 Answer to Complaint, Crossclaim - Rinat Lustig Zelenko's Answer to Citizens Bank, N.A.'s Crossclaim. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Lander, Nathan) |
| Filing 60 ANSWER to #53 Crossclaim. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Lander, Nathan) |
| Filing 59 ANSWER to #37 Crossclaim. Document filed by Sima Coe..(BenHaim, David) |
| Filing 58 ANSWER to #37 Crossclaim., CROSSCLAIM against Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202). Document filed by Menachem Mendel Zelenko, M.M.Z., Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Nochem Dovid Zelenko, Levi Yitzchok Zelenko, Esther Tova Zelenko, S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, L.Z., Eta Devorah Zelenko, E.D.Z., Frank Zelenko(Individually), Larisa Zelenko, N.D.Z...(Kutner, Kenneth) |
| Filing 57 RESPONSE re: #44 Answer to Amended Complaint,,, Crossclaim,, - Rinat Lustig Zelenko's Answer to Cross River Bank's "Further Allegations Supporting Its Claims For Relief". Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Lander, Nathan) |
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Filing 56
ORDER TO SHOW CAUSE: Accordingly, Defendants are hereby ORDERED TO SHOW CAUSE as to why an order should not be entered pursuant to 29 U.S.C. 1335 and 2361: (a) ordering interpleader regarding the proceeds of Guardian Life Insurance Policy Numbers 6748351, 6717131, 6765586, and 6765591 insuring the life of Vladimir Zelenko ("Guardian Policies"); (b) directing Guardian to pay into the Registry of this Court the proceeds of the Guardian Policies; (c) discharging Guardian from all liability to the defendants in connection with the Guardian Policies and dismissing it from this action; (e) temporarily and/or permanently enjoining defendants from instituting or prosecuting any proceeding in any state or United States court affecting the Guardian Policies; (f) awarding Guardian its costs and reasonable attorneys' fees; and (g) ordering such other and further relief as the Court deems fair and equitable. Such showing should be made by filing a written response to this Order no later than March 14, 2023, and emailing a courtesy copy of such response to Chambers. SO ORDERED. Show Cause Response due by 3/14/2023. (Signed by Judge Andrew L. Carter, Jr on 2/27/2023) (ama)
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| Filing 55 ANSWER to #37 Crossclaim. Document filed by Cross River Bank..(Delionado, John) |
| Filing 54 ANSWER to #33 Crossclaim. Document filed by Cross River Bank..(Delionado, John) |
| Filing 53 ANSWER to #7 Amended Complaint,,,., CROSSCLAIM against Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202). Document filed by Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Nochem Dovid Zelenko, Esther Tova Zelenko, S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, L.Z., M.M.Z., Eta Devorah Zelenko, Levi Yitzchok Zelenko, E.D.Z., Frank Zelenko(Individually), Larisa Zelenko, N.D.Z., Menachem Mendel Zelenko..(Kutner, Kenneth) |
| Filing 52 ANSWER to #9 Amended Complaint,,., CROSSCLAIM against Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), L.Z., M.M.Z., S.N.Y.Z., Nochem Dovid Zelenko, Shmuel Nossen Yaacov Zelenko, Frank Zelenko(Individually), N.D.Z., Larisa Zelenko, E.D.Z., Eta Devorah Zelenko, Levi Yitzchok Zelenko, Esther Tova Zelenko, Menachem Mendel Zelenko. Document filed by Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Nochem Dovid Zelenko, L.Z., M.M.Z., S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, Frank Zelenko(Individually), N.D.Z., Larisa Zelenko, E.D.Z., Eta Devorah Zelenko, Levi Yitzchok Zelenko, Esther Tova Zelenko, Menachem Mendel Zelenko..(Kutner, Kenneth) |
| Filing 51 ANSWER to Complaint., CROSSCLAIM against Rinat Lustig Zelenko(Individually). Document filed by Investors Bank..(Millsom, Geoffrey) |
| Filing 50 ANSWER to #37 Crossclaim. Document filed by Investors Bank..(Millsom, Geoffrey) |
| Filing 49 ANSWER to #33 Crossclaim. Document filed by Investors Bank..(Millsom, Geoffrey) |
| Filing 48 ANSWER to #1 Complaint,., CROSSCLAIM against Guardian Life Insurance Company of America. Document filed by Investors Bank..(Millsom, Geoffrey) |
| Filing 47 DECLARATION of Patrick W. Begos in Support re: #46 MOTION to Discharge : Notice of Motion for Discharge and Other Relief [23-25].. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 46 MOTION to Discharge : Notice of Motion for Discharge and Other Relief [23-25]. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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Filing 45
MEMO ENDORSEMENT on re: #43 Letter filed by Guardian Life Insurance Company of America. ENDORSEMENT: The Court thanks Plaintiff for this submission. Please file a notice of motion for the relief sought in the Order to Show Cause on or before Mar. 2, 2023. Upon receipt of the motion, the Court will set a briefing schedule. ( Motions due by 3/2/2023.) (Signed by Judge Andrew L. Carter, Jr on 2/16/2023) (ate)
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| Filing 44 ANSWER to #9 Amended Complaint,,., CROSSCLAIM against Sima Coe. Document filed by Cross River Bank. (Attachments: #1 Exhibit A - Assignment, #2 Exhibit B - SBA Authorization, #3 Exhibit C - Business Loan Agreement, #4 Exhibit D - Loan Agreement, #5 Exhibit E - Note, #6 Exhibit F - Commercial Security Agreement, #7 Exhibit G - Unconditional Guarantee - Vladimir Zelenko, #8 Exhibit H - Unconditional Guarantee - Sima Zelenko, #9 Exhibit I - Change From, #10 Exhibit J - CRB Loan Payoff Statement Quote).(Delionado, John) |
| Filing 43 LETTER addressed to Judge Andrew L. Carter, Jr. from Patrick W. Begos dated February 13, 2023 re: Proposed Order to Show Cause. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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Filing 42
BRIEFING ORDER: granting #39 Letter Motion for Extension of Time. The Court is in receipt of the parties' recent submissions. The parties are hereby GRANTED leave to amend their crossclaims and file briefing on a motion to dismiss. The parties are directed to adhere to the following briefing schedule: Amended Cross Claims: February 24, 2023. Motion to Dismiss: March 10, 2023. Opposition to the Motion to Dismiss: March 24, 2023. Reply (if any): March 31, 2023. The Clerk of Court is respectfully directed to terminate the open motion at ECF No. 39. SO ORDERED. Amended Pleadings due by 2/24/2023. Motions due by 3/10/2023. (Signed by Judge Andrew L. Carter, Jr on 2/10/2023) (ama)
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| Set/Reset Deadlines: Responses due by 3/24/2023 Replies due by 3/31/2023. (ama) |
| Filing 41 LETTER addressed to Judge Andrew L. Carter, Jr. from Kenneth L. Kutner, Esq. dated February 9, 2023 re: Pre-motion Conference. Document filed by E.D.Z., L.Z., M.M.Z., N.D.Z., S.N.Y.Z., Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Frank Zelenko(Individually), Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko. (Attachments: #1 Exhibit Signed Amended Family Living Trust Agreement).(Kutner, Kenneth) |
| Filing 40 LETTER addressed to Judge Andrew L. Carter, Jr. from Nathan R. Lander dated February 6, 2023 re: Request for Pre-Motion Conference regarding Motion to Dismiss. Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually). (Attachments: #1 Exhibit A - Redacted).(Lander, Nathan) |
| Filing 39 LETTER MOTION for Extension of Time to answer, move, or otherwise respond to the cross claim filed by Cross-Plaintiffs addressed to Judge Andrew L. Carter, Jr. from Nathan R. Lander dated January 31, 2023. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Lander, Nathan) |
| Filing 38 ANSWER to #33 Crossclaim. Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Lander, Nathan) |
| Filing 37 ANSWER to #9 Amended Complaint,,., CROSSCLAIM against Sima Coe, Cross River Bank, E.D.Z., Investors Bank, L.Z., M.M.Z., N.D.Z., S.N.Y.Z., S.Z., Esther Tova Zelenko, Frank Zelenko(Individually), Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Larisa Zelenko, Levi Yitzchok Zelenko. Document filed by Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Lander, Nathan) |
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time to Answer re #35 LETTER MOTION for Extension of Time to File Answer re: #33 Answer to Amended Complaint, Crossclaim Cross River Bank respectfully requests an extension of time of 30 days, through and including February 27, 2023, to answer, move or otherwise r, #33 Answer to Amended Complaint, Crossclaim. SO ORDERED. Cross River Bank answer due 2/27/2023. (Signed by Judge Andrew L. Carter, Jr on 1/25/2023) (ate)
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| Filing 35 LETTER MOTION for Extension of Time to File Answer re: #33 Answer to Amended Complaint, Crossclaim Cross River Bank respectfully requests an extension of time of 30 days, through and including February 27, 2023, to answer, move or otherwise respond to the Sima cross-claim addressed to Judge Andrew L. Carter, Jr. from John Delionado dated January 19, 2023. Document filed by Cross River Bank..(Delionado, John) |
| Filing 34 ANSWER to Complaint., CROSSCLAIM against Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202). Document filed by Nochem Dovid Zelenko, Esther Tova Zelenko, S.N.Y.Z., L.Z., M.M.Z., N.D.Z., Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Frank Zelenko(Individually), Eta Devorah Zelenko, E.D.Z., Larisa Zelenko, Levi Yitzchok Zelenko, Menachem Mendel Zelenko, Shmuel Nossen Yaacov Zelenko..(Kutner, Kenneth) |
| Filing 33 ANSWER to #9 Amended Complaint,,., CROSSCLAIM against All Defendants. Document filed by Sima Coe..(BenHaim, David) |
| Filing 32 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Esther Tova Zelenko served on 12/12/2022, answer due 1/3/2023. Service was accepted by Sima Coe, Mother. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 31 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. S.N.Y.Z. served on 12/12/2022, answer due 1/3/2023. Service was accepted by Sima Coe, Mother. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 30 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. N.D.Z. served on 12/12/2022, answer due 1/3/2023. Service was accepted by Sima Coe, Mother. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 29 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. M.M.Z. served on 12/12/2022, answer due 1/3/2023. Service was accepted by Sima Coe, Mother. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. E.D.Z. served on 12/12/2022, answer due 1/3/2023. Service was accepted by Sima Coe, Mother. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 27 WAIVER OF SERVICE RETURNED EXECUTED. Levi Yitzchok Zelenko waiver sent on 12/19/2022, answer due 2/17/2023. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 26 NOTICE OF APPEARANCE by Geoffrey Williams Millsom on behalf of Investors Bank..(Millsom, Geoffrey) |
| Filing 25 MEMORANDUM OF LAW in Support re: #22 Proposed Order to Show Cause Without Emergency Relief . Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 24 DECLARATION of Patrick W. Begos in Support re: #22 Proposed Order to Show Cause Without Emergency Relief. Document filed by Guardian Life Insurance Company of America. (Attachments: #1 Exhibit F-Coe Complaint, #2 Exhibit G- Rinat Complaint, #3 Exhibit H-Pre-Trial Scheduling Order).(Begos, Patrick) |
| Filing 23 DECLARATION of Meredith Heibert in Support re: #22 Proposed Order to Show Cause Without Emergency Relief. Document filed by Guardian Life Insurance Company of America. (Attachments: #1 Exhibit A-July 8, 2022 e-mail, #2 Exhibit B-Rinat Claim, #3 Exhibit C-Sima Claim, #4 Exhibit D-Sept. 9, 2022 Letter, #5 Exhibit E-Trust Claim).(Begos, Patrick) |
| Filing 22 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #22 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (nd) |
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Filing 21
ORDER granting #19 Letter Motion for Extension of Time to Answer re #19 LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint,, Defendant Cross River Bank respectfully requests an extension of time to answer, move or otherwise respond to the amended complaint through and including February, #1 Complaint. SO ORDERED. Cross River Bank answer due 2/13/2023. (Signed by Judge Andrew L. Carter, Jr on 12/13/2022) (ate)
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Filing 20
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint,, addressed to Judge Andrew L. Carter, Jr. from Nathan R. Lander dated December 12, 2022., #1 Complaint. SO ORDERED. Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202) answer due 2/13/2023; Rinat Lustig Zelenko(Individually) answer due 2/13/2023. (Signed by Judge Andrew L. Carter, Jr on 12/13/2022) (ate)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint,, Defendant Cross River Bank respectfully requests an extension of time to answer, move or otherwise respond to the amended complaint through and including February 13, 2023 addressed to Judge Andrew L. Carter, Jr. from John Delianado dated December 13, 2022. Document filed by Cross River Bank..(Delionado, John) |
| Filing 18 NOTICE OF APPEARANCE by John Joseph Delionado, Jr on behalf of Cross River Bank..(Delionado, John) |
| Set/Reset Deadlines: Motions due by 2/13/2023. (ate) |
| Filing 17 LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint,, addressed to Judge Andrew L. Carter, Jr. from Nathan R. Lander dated December 12, 2022. Document filed by Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually)..(Lander, Nathan) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Investors Bank waiver sent on 10/6/2022, answer due 12/5/2022. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to E.D.Z., Investors Bank, M.M.Z., N.D.Z., S.N.Y.Z., Esther Tova Zelenko, Levi Yitzchok Zelenko..(pc) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. L.Z. waiver sent on 12/2/2022, answer due 1/31/2023. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. S.Z. waiver sent on 12/2/2022, answer due 1/31/2023. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Sima Coe waiver sent on 11/30/2022, answer due 1/30/2023. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Levi Yitzchok Zelenko, Esther Tova Zelenko, E.D.Z., N.D.Z., S.N.Y.Z., M.M.Z. and Investors Bank, re: #9 Amended Complaint,,. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Patrick Walter Begos to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name must match exactly as pleading on PDF and docket entry (Sima Coe). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 10 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Sima Coe, a/k/a Sima Chana Zelenko, a/k/a Sima Sholler, Levi Yitzchok Zelenko, Esther Tova Zelenko, E.D.Z., N.D.Z., S.N.Y.Z., M.M.Z., S.Z., L.Z., and Investors Bank, re: #9 Amended Complaint,,. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) Modified on 12/2/2022 (sj). |
| Filing 9 AMENDED COMPLAINT amending #1 Complaint, against Sima Coe, Cross River Bank, E.D.Z., Investors Bank, L.Z., M.M.Z., N.D.Z., S.N.Y.Z., S.Z., Esther Tova Zelenko, Frank Zelenko(Individually), Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Larisa Zelenko, Levi Yitzchok Zelenko, Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Rinat Lustig Zelenko(Individually).Document filed by Guardian Life Insurance Company of America. Related document: #1 Complaint,..(Begos, Patrick) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Patrick Walter Begos to RE-FILE Document No. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Patrick Walter Begos to RE-FILE Document No. #7 Amended Complaint,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Only select the defendants listed on the Amended Complaint caption title (Shmuel Nossen Yaacov Zelenko was selected but is not listed on the caption title). Re-file the pleading using the event type Amended 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) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Sima Coe, a/k/a Sima Chana Zelenko, a/k/a Sima Shollar, Levi Yitzchok Zelenko, Esther Tova Zelenko, E.D.Z., N.D.Z., S.N.Y.Z., M.M.Z., S.Z., L.Z., and Investors Bank, re: #7 Amended Complaint,,. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against Sima Coe, Cross River Bank, Investors Bank, Shmuel Nossen Yaacov Zelenko, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko(Individually), Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Larisa Zelenko, Levi Yitzchok Zelenko, Liba Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko, Rinat Lustig Zelenko(Individually), Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202), Shira Zelenko, E.D.Z., N.D.Z., S.N.Y.Z., M.M.Z., S.Z., L.Z..Document filed by Guardian Life Insurance Company of America. Related document: #1 Complaint,..(Begos, Patrick) Modified on 12/1/2022 (pc). |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Cross River Bank waiver sent on 10/6/2022, answer due 12/5/2022. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Frank Zelenko(Individually) waiver sent on 10/6/2022, answer due 12/5/2022; Larisa Zelenko waiver sent on 10/6/2022, answer due 12/5/2022; Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202) waiver sent on 10/6/2022, answer due 12/5/2022. Document filed by Frank Zelenko(Individually); Larisa Zelenko; Frank Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202)..(Kutner, Kenneth) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Rinat Lustig Zelenko(Individually) waiver sent on 10/6/2022, answer due 12/5/2022; Rinat Lustig Zelenko(as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 202) waiver sent on 10/6/2022, answer due 12/5/2022. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Patrick Walter Begos re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): Add Rinat Lustig Zelenko and Frank Zelenko to CM ECF with the party text "as Trustee of the Zelenko Family Living Trust dated 12/4/19 and Amended January 2021" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patrick Walter Begos. The party information for the following party/parties has been modified: Rinat Lustig Zelenko, Frank Zelenko, Shmuel Nossen Zelenko. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| Case Designated ECF. (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Frank Zelenko, Rinat Lustig Zelenko, Rinat Lustig Zelenko, Frank Zelenko added. Party added pursuant to #1 Complaint,.Document filed by Guardian Life Insurance Company of America. Related document: #1 Complaint,..(Begos, Patrick) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
| Filing 2 CIVIL COVER SHEET filed..(Begos, Patrick) |
| Filing 1 COMPLAINT against Sima Coe, Cross River Bank, Investors Bank, Esther Tova Zelenko, Eta Devorah Zelenko, Frank Zelenko, Larisa Zelenko, Levi Yitzchok Zelenko, Liba Zelenko, Menachem Mendel Zelenko, Nochem Dovid Zelenko, Rinat Lustig Zelenko, Shira Zelenko, Shmuel Nossen Zelenko. (Filing Fee $ 402.00, Receipt Number ANYSDC-26768035)Document filed by Guardian Life Insurance Company of America..(Begos, Patrick) |
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