State Farm Mutual Automobile Insurance Company v. Grafman et al
| State Farm Mutual Automobile Insurance Company |
| Jacob Kagan, Boris Rabinovich, Semion Grafman, Iriona Ivleva, Emmanuel Jacobs, Yacov Kagan, Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Vladimir Nabutovsky, Roman Pergament, Oleg Portnov, Aleksey Pugach, Bob Rey, Abdrei Schultz, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Al Medical and Surgical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Graham Management Group, Inc., Health World AI, Ltd., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin, Sergei Khokhlov, Alec Palmer, Atlas Medical Equipment, Rosgal, LTD., Star Diagnostic Center, Inc. d/b/a Star Medical Systems, Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Victoria Kagan, Igor Kats, Dmitriy Kazakov, Larisa Klochkov, Artur Klotsman, Eduard Koretsky, Oleg Leykind, Yacov Moin, ILya Mugerman, Alla Shklyar, Eduard Shklyar, Demitry Tsepenyuk, Bohdar Vasechko, Semen Vitukhnovskiy a/k/a Vitukh, Amaze Medical Supply, Inc., A to Z Medical Supplies, Inc., AYD Services, Inc., Belford Instruments and Equipment, Inc., Careplus Medical Supply, Inc., Dilon Medical Supply, Corp., Edel Surgical and Medical Supply, Inc., Empire Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., KLM Trading, Ltd., Model Supply, Inc., YAD Trading & Services, Inc., Albatros Medical, PC., Bergamo Medical, PC, Eshel Medical Rehabilitation, LLC, Meridian Medical Of NY, PC, Palermo Medical, PC, Refuah Medical Rehabilitation, LLC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, castoria real estate llc, Yan Lyubomirsky, Alla Koretsky, Edward Koretsky and Elena Kazhdan |
| Day Hi-Tech Support Management, Wexford Medical, P.C., Reliable Medical Services, P.C., Wolodymyr M. Starosolsky and Elliott Ifraimoff |
| Boris Volfman, HSBC Mortgage Corporation (USA), Law Office of Boris Volfman, P.C. and Miriam Kagan |
| Infinity Health Products, Ltd., Vista Surgical Supplies, Inc., Alexandrite Medical Care, PC, Almaz Medical Services, PC, Lee Craig Nagourney, Douglas J. Spiel and Liliya Yanovskaya |
| Milan Medical P.C., Albert Srour, Expo Medical Supplies, Inc., American Medical Inc., Frank McNally, Metro Medical Services LLC, NYS OAG, Esq. Edward W. Hayes and Philip O'Hara Associates |
| Citibank, N.A. |
| OAG |
| Kings Medical Supply Inc., Yekaterina Boyko, Alla Raysin and Robert Sohn |
| 1:2004cv02609 |
| June 23, 2004 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nina Gershon |
| Steven M Gold |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 Diversity-Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.
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Filing 1403
NOTICE by Elena Kazhdan re #1402 Memorandum & Opinion, withdrawing jurisdictional arguments (Beynenson, Alek)
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ORDER: In light of movant Elena Kazhdan withdrawing her jurisdictional argument and submitting to the court's jurisdiction, her Rule 60(b)(4) motion is hereby denied for the reasons stated in the court's opinion and order docketed on June 4, 2019. Ordered by Judge Nina Gershon on 7/16/2019. (Klemme, Joseph)
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Filing 1402
OPINION & ORDER denying Yan Lyubomirsky, Edward Koretsky, and Alla Koretsky's motions for relief from judgment under Rule 60(b)(4) and Rule 60(b)(5). As to Elena Kazhdan, the parties are given 60 days to conduct jurisdictional discovery regarding Ms. Kazhdan. They shall then agree on a briefing schedule on the jurisdictional issue. Ordered by Judge Nina Gershon on 6/3/2019. (Barrett, C)
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Filing 1401
STATUS REPORT by State Farm Mutual Automobile Insurance Company (Dorsey, Patrick)
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Filing 1400
Letter re status of settlement discussions by Elena Kazhdan, Alla Koretsky, Edward Koretsky, Yan Lyubomirsky (Beynenson, Alek)
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Minute Entry for proceedings held before Judge Nina Gershon: Case called. Patrick Dorsey, Esq. for State Farm Mutual. Alek Beynenson, Esq. for the defendants Edward Koretsky and Alla Koretsky. Oral Argument hearing held. Parties agreed to update the court regarding settlement discussions by May 20, 2019. (Court Reporter Michele Nardone.) (Joe, Victor)
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Filing 1399
Mail Returned as Undeliverable. Order dated 3/22/2019 sent to Galina Leykind, P.O. Box 40173, Staten Island, NY 10304. Returned marked: "Return to Sender," "Not Deliverable as Addressed," "Unable to Forward." (Barrett, C)
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Filing 1398
Mail Returned as Undeliverable. Order dated 3/22/2019 sent to Steven Leykind, P.O. Box 40173, Staten Island, NY 10304. Returned marked: "Return to Sender," "Not Deliverable as Addressed," "Unable to Forward." (Barrett, C)
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Filing 1397
Mail Returned as Undeliverable. Order dated 3/22/2019 sent to Laura Leykind, P.O. Box 40173, Staten Island, NY 10304. Returned marked: "Return to Sender," "Not Deliverable as Addressed," "Unable to Forward." (Barrett, C)
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ORDER: Counsel are reminded, per this court's order on March 22, 2019, that oral argument is adjourned to April 29, 2019. Counsel are advised that if, prior to oral argument, they wish to have a settlement conference before Judge Gold, who has great familiarity with this case, they should communicate directly with Judge Gold's office. Ordered by Judge Nina Gershon on 3/27/2019. (Klemme, Joseph)
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ORDER granting #1396 Motion to Continue. Oral argument adjourned to April 29, 2019 @ 10:30 a.m. in courtroom 6D South. Ordered by Judge Nina Gershon on 3/22/2019. (Joe, Victor)
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Filing 1396
Letter MOTION to Continue Oral Argument on March 25, 2019 by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER denying #1395 Motion to Appear by Telephone. The request of all parties to appear telephonically on March 25, 2019 for oral argument is denied. The court will, however, entertain a motion to adjourn oral argument to a more convenient date. Ordered by Judge Nina Gershon on 3/20/2019. (Klemme, Joseph)
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Filing 1395
Letter MOTION to Appear by Telephone by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Set/Reset Hearings: Oral argument set for 3/25/2019 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon #1393 . (Joe, Victor)
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Filing 1394
RESPONSE to Motion re #1393 Motion to Vacate,, 1 - Sealed Document CV, filed by All Plaintiffs. (Landau, Philip)
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ORDER: Plaintiff is directed to respond to #1393 Motion to Vacate by December 28, 2018. Movants may file a reply, if necessary, by January 8, 2019. Ordered by Judge Nina Gershon on 12/5/2018. (Vieyra, Elizabeth)
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Filing 1393
MOTION to Vacate #1382 Order Adopting Report and Recommendations,, by Elena Kazhdan, Alla Koretsky, Edward Koretsky, Yan Lyubomirsky. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Beynenson, Alek)
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ORDER: Granting #1392 Motion for Leave to Electronically File Document under Seal. The application to file documents under seal is granted but only preliminarily, and will be reconsidered once the Court has had the opportunity to review the documents at issue. Ordered by Magistrate Judge Steven M. Gold on 11/19/2018. (Gillespie, Saudia)
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Filing 1392
Letter MOTION for Leave to Electronically File Document under Seal by Elena Kazhdan, Alla Koretsky, Edward Koretsky, Yan Lyubomirsky. (Attachments: #1 Exhibit 1) (Beynenson, Alek)
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Filing 1391
NOTICE of Appearance by Alek Beynenson on behalf of Elena Kazhdan, Alla Koretsky, Edward Koretsky, Yan Lyubomirsky (aty to be noticed) (Beynenson, Alek)
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Filing 1390
STIPULATION AND ORDER OF DISMISSAL AGAINST HSBC ONLY with prejudice. Ordered by Judge Nina Gershon on 12/13/2017. (Barrett, C)
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Filing 1389
STIPULATION of Dismissal Against HSBC Only by HSBC Mortgage Corporation (USA) (Kidera, Heather)
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Filing 1388
STIPULATION OF SETTLEMENT with prejudice as to Defendants Jacob Kagan and Victoria Kagan. Ordered by Judge Nina Gershon on 12/7/2017. (Barrett, C)
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Filing 1387
STATUS REPORT by State Farm Mutual Automobile Insurance Company (Dorsey, Patrick)
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Filing 1386
STIPULATION of Settlement by State Farm Mutual Automobile Insurance Company (Dorsey, Patrick)
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ORDER: Granting #1385 Motion to Continue. Counsel shall file a status report letter by December 1, 2017. Ordered by Magistrate Judge Steven M. Gold on 10/31/2017. (Gillespie, Saudia)
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Filing 1385
Consent MOTION to Continue (Postpone Levy of Esmac Court Property) by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1384
NOTICE by Semion Grafman Notice of Filing Proofs of Publication (Landau, Philip)
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Filing 1383
CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that State Farm's motion to recover funds from Volfman and Miriam Kagan is denied; that State Farm's motion to recover funds from Yan Lyubomirsky, Edward Koretsky, Alla Koretsky, and Elena Kazhdan is granted as unopposed; and that judgment is hereby entered against these defendants in the following amounts: Yan Lyubomirsky ($50,000); Edward Koretsky ($22,900); Alla Koretsky ($2,000); and Elena Kazhdan. Ordered by Clerk of Court, by Deputy Clerk Jalitza Poveda, on 9/26/2017. (Barrett, C)
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Filing 1382
OPINION & ORDER ADOPTING #1374 REPORT AND RECOMMENDATION re #1263 MOTION to Enforce Judgment filed by State Farm Mutual Automobile Insurance Company. The R&R is adopted in its entirety. State Farm's motion to recover funds from Volfman and Miriam Kagan is denied. State Farm's motion to recover funds from Yan Lyubomirsky, Edward Koretsky, Alla Koretsky, and Elena Kazhdan is granted as unopposed. The Clerk of Court is directed to enter judgment against these defendants in the amounts stated herein. Lastly, State Farm's motion to depose Volfman and for attorneys' fees is denied. Ordered by Judge Nina Gershon on 9/21/2017. (Barrett, C)
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Filing 1381
PROCESS RECEIPT AND RETURN EXECUTED on 8/8/2017 upon Victoria Kagan and Jacob Kagan, re: #1372 Order Directing to Levy. (Latka-Mucha, Wieslawa)
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Filing 1380
REPLY in Support re #1375 Objection to Report and Recommendations filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1379
MOTION for Leave to File Reply Brief in Support of Objections to Report and Recommendation by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER granting #1379 Motion for Leave to File. State Farm's motion to file a reply brief is granted. The reply brief is not to exceed ten pages, and it must be served and filed by August 2, 2017. Ordered by Judge Nina Gershon on 7/24/2017. (Hogan, Alexander)
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Filing 1378
Letter enclosing courtesy copy by Law Office of Boris Volfman, P.C., Boris Volfman (Post, Eric)
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Filing 1377
MEMORANDUM in Opposition to Plaintiff's Objections [ECF #1375] to Report and Recommendation [ECF #1374] filed by Law Office of Boris Volfman, P.C., Boris Volfman. (Post, Eric)
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Filing 1376
Consent MOTION for Extension of Time to File Response/Reply as to #1375 Objection to Report and Recommendations by Law Office of Boris Volfman, P.C., Boris Volfman. (Post, Eric)
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ORDER granting #1376 Motion for Extension of Time to File Response/Reply. The requested extension is granted. Ordered by Judge Nina Gershon on 6/29/2017. (Hogan, Alexander)
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Filing 1375
OBJECTION to #1374 Report and Recommendations filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1374
REPORT AND RECOMMENDATIONS re #1263 MOTION to Enforce Judgment filed by State Farm Mutual Automobile Insurance Company. For all the reasons stated in the attached Report, I respectfully recommend that plaintiff's motion to recover certain proceeds of the sale of the Graham Avenue property be granted in part and denied in part, as follows: (1) Plaintiff's motion to recover funds conveyed to Boris Volfman, Esq. and the Law Office of Boris Volfman, P.C. be denied on its merits; (2) Plaintiff's motion to recover funds conveyed to Miriam Kagan be denied for lack of personal jurisdiction; (3) Plaintiff's motion to recover funds conveyed to Yan Lyubomirsky, Edward Koretsky, Alla Koretsky, and Elena Kazhdan be granted as unopposed and judgment be entered against these individuals in the following amounts: a. Yan Lyubomirsky: $50,000, b. Edward Koretsky: $22,900, c. Alla Koretsky: $2,000, and d. Elena Kazhdan: $17,000; and (4) Plaintiff's motion for attorneys fees be denied. Any objections to the recommendations made in this Report must be submitted within fourteen days after filing of the Report and, in any event, no later than June 26, 2017. See 28 U.S.C. 636(b)(1); Fed. R. Civ. Proc. 72(b)(2). Failure to file timely objections may waive the right to appeal the District Court's order. See Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (discussing waiver under the former ten-day limit). Ordered by Magistrate Judge Steven M. Gold on 6/12/2017. (Pronley, Alyssa)
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Filing 1373
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate of Withdrawal of Request for Relief Against Castoria Real Estate, LLC (Landau, Philip)
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ORDER: By May 17, 2017, plaintiff State Farm shall submit the separate notice of filing with respect to defendant Castoria Real Estate LLC referenced on page four of plaintiff's letter to the Court dated March 1, 2017. Docket Entry #1352 . Ordered by Magistrate Judge Steven M. Gold on 5/10/2017. (Pronley, Alyssa)
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Filing 1372
ORDER. The United States Marshal or the New York City Sheriff is DIRECTED to levy on and sell Esmac Court as set forth in this Order. Ordered by Judge Nina Gershon on 5/1/2017. (Barrett, C)
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Filing 1371
ORDER ADOPTING #1354 REPORT AND RECOMMENDATION re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company. I agree with Judge Gold's conclusion, find Mr. Kagan's objections unpersuasive, and grant State Farm's motion for an order directing the sale of the Esmac Property. Ordered by Judge Nina Gershon on 5/1/2017. (Barrett, C)
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Filing 1370
NOTICE by State Farm Mutual Automobile Insurance Company re #1354 REPORT AND RECOMMENDATIONS re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company of Filing of Proposed Levy Order (Landau, Philip)
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Filing 1369
REPLY in Opposition re #1359 Objection to Report and Recommendations filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER granting #1367 Motion for Extension of Time to File. The requested extension is granted. Ordered by Judge Nina Gershon on 4/13/2017. (Hogan, Alexander)
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ORDER granting #1368 Motion for Extension of Time to File Response/Reply. The requested extension is granted. Ordered by Judge Nina Gershon on 4/13/2017. (Hogan, Alexander)
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Filing 1368
Letter MOTION for Extension of Time to File Response/Reply as to #1359 Objection to Report and Recommendations by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1367
Letter MOTION for Extension of Time to File to Submit Joint Order by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1366
RESPONSE to Motion re #1354 REPORT AND RECOMMENDATIONS re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company, #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property /Declaration of Barry J. Glickman filed by Citibank, N.A.. (Attachments: #1 Declaration of Elina Alsiweadi) (Glickman, Barry)
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ORDER granting #1362 Motion for Extension of Time to File. The requested extension is granted. Ordered by Judge Nina Gershon on 4/4/2017. (Hogan, Alexander)
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ORDER granting #1363 Motion for Extension of Time to File. The requested extension is granted. Ordered by Judge Nina Gershon on 4/4/2017. (Hogan, Alexander)
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Filing 1365
ENDORSED ORDER granting #1364 Motion for Extension of Time to File Response/Reply as to #1359 Objection to Report and Recommendations. Response due by 4/12/2017. Ordered by Judge Nina Gershon on 3/31/2017. (Barrett, C)
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Filing 1364
Letter MOTION for Extension of Time to File Response/Reply as to #1361 Order, by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1363
Letter MOTION for Extension of Time to File objection to the report and recommendation dated March 8, 2017 of Magistrate Judge Gold (ECF 1354) to and including April 12, 2017 by Citibank, N.A.. (Glickman, Barry)
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Filing 1362
MOTION for Extension of Time to File Joint Proposed Order by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1361
ORDER re #1359 Objection to Report and Recommendations. On March 22, 2017, defendant Jacob Kagan submitted his objections to Magistrate Judge Gold's Report and Recommendation dated March 8, 2017. Any response from plaintiff to these objections must be submitted by March 31, 2017. So Ordered by Judge Nina Gershon on 3/23/2017. (Lee, Tiffeny)
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Filing 1360
ORDER granting #1358 Motion for Extension of Time to File. So Ordered by Judge Nina Gershon on 3/22/2017. (Tavarez, Jennifer)
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Filing 1359
OBJECTION to #1354 Report and Recommendations filed by Jacob Kagan. (Attachments: #1 Exhibit A) (Beynenson, Alek)
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Filing 1358
Letter MOTION for Extension of Time to File Submit Joint Order by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1357
Letter Responding to State Farm's March 1, 2017 Letter (ECF #1352) by Law Office of Boris Volfman, P.C., Boris Volfman (Attachments: #1 Exhibit A - Transcript Excerpt) (Post, Eric)
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Filing 1356
NOTICE by State Farm Mutual Automobile Insurance Company re #1354 REPORT AND RECOMMENDATIONS re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company of Filing Certificate of Service (Dorsey, Patrick)
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Filing 1355
TRANSCRIPT of Proceedings held on February 27, 2017, before Judge Gold. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number (203) 929-9992. Email address: cmfiore@sbcglobal.net. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/31/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/8/2017. (Hong, Loan)
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Filing 1354
REPORT AND RECOMMENDATIONS re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that State Farm's motion for an order directing the sale of the Kagans' Esmac Court property be granted. I further recommend that State Farm and HSBC confer and submit, within the time for filing objections, an order that addresses HSBC's concern with State Farm being permitted to credit bid, or report to the court that they are unable to reach agreement on the terms of such an order. Finally, State Farm is directed to serve this Report and Recommendation on Citibank and file proof of service with the Court, and I further respectfully recommend that Citibank's interest in Esmac Court be deemed satisfied or abandoned if it does not respond to the Report within the time for filing objections. Any objections to the recommendations made in this Report must be submitted within fourteen days after filing of the Report and, in any event, no later than March 22, 2017. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2). Failure to file timely objections may waive the right to appeal the District Court's order. See Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (discussing waiver under the former ten-day limit). Ordered by Magistrate Judge Steven M. Gold on 3/8/2017. (Pronley, Alyssa)
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Filing 1353
RESPONSE to Motion re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property Letter-Response re Proposed Order filed by HSBC Mortgage Corporation (USA). (Attachments: #1 Exhibit) (Zarlock, Preston)
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Filing 1352
Letter in Response to Order Dated February 14, 2017 by State Farm Mutual Automobile Insurance Company (Dorsey, Patrick)
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Filing 1351
Minute Entry: Motion Hearing held on 2/27/2017 before Magistrate Judge Steven M. Gold. Landau for plaintiff State Farm; Beynenson for Jacob Kagan; Post for Volfman. Argument on plaintiff's application to foreclose on Esmac Court property heard. Decision reserved. (Tape #3:02-3:15.) (Gillespie, Saudia)
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Filing 1350
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate in accordance with the Court's Order of February 14, 2017 filed by Law Office of Boris Volfman, P.C., Boris Volfman. (Attachments: #1 Exhibit A - Invoices, #2 Exhibit B - Quickbooks Customer Balance Report) (Post, Eric)
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Filing 1349
RESPONSE in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate in accordance with the Court's Order of February 14, 2017 filed by Law Office of Boris Volfman, P.C., Boris Volfman. (Post, Eric)
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Filing 1348
REPLY in Support re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1347
TRANSCRIPT of Proceedings held on February 14, 2017, before Judge Gold. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/15/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/23/2017. (Rocco, Christine)
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Filing 1346
RESPONSE in Opposition re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by Jacob Kagan. (Beynenson, Alek)
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Filing 1345
NOTICE by State Farm Mutual Automobile Insurance Company re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property Notice of Potential Interested Party and Supplemental Service Regarding Motion to Direct Sale of Esmac Court Property (Landau, Philip)
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Filing 1344
Minute Entry: Motion Hearing held on 2/14/2017 before Magistrate Judge Steven M. Gold. Landau for plaintiff State Farm; Beynenson for Jacob Kagan; Spray for Miriam Kagan; Post for Volfman; Zarlock for HSBC; Markarian for Castoria. Argument held on plaintiff's motion to recover fraudulently transferred property of Momik Realty, Docket Entry 1263; plaintiff's motion for an Order directing the sale of the Esmac Court property, Docket Entry 1332; and plaintiff's motion for entry onto Land, Docket Entry 1341. With the following exceptions, decision was reserved: (1) Plaintiff's motion for entry onto Land is GRANTED as stated on the record. The entry will occur tomorrow, and Jacob and Victoria Kagan are hereby ordered to cooperate with the inspection, to maintain the property as they have been throughout their ownership and possession of it, and not to destroy or otherwise take actions intended to diminish the property's value. (2) Jacob Kagan may submit opposition to the motion for an Order directing the sale of the Esmac Court property by February 17. State Farm may reply by February 22, and shall submit a proposed Order with its reply. THE COURT WILL HEAR FURTHER ARGUMENT ON THE MOTION AT 3:00 M ON FEBRUARY 27, 2017. The parties shall discuss whether they will consent to the decision of the motion by the undersigned Magistrate Judge. (3) Castoria and Volfman shall produce any documents that justify the $50,000 in fees claimed by Castoria and the $3900 in fees claimed by Volfman by February 24. State Farm shall submit a letter o brief indicating how it intends to proceed with respect to these claims by March 1, and shall include in its submission a description of any discovery it claims it has a right to conduct and whether its application to take that discovery is on consent. (Tape #2:41-4:01.) (Gillespie, Saudia)
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ORDER re #1341 MOTION to Expedite (Shorten) time for Entering onto Land for Inspection and Other Purposes filed by State Farm Mutual Automobile Insurance Company. THE MOTION IS GRANTED AS INDICATED ON THE RECORD OF THE PROCEEDINGS HELD TODAY. THE INSPECTION WILL TAKE PLACE ON FEBRUARY 15, 2017. Jacob and Victoria Kagan are hereby ordered to cooperate with the inspection, to maintain the property as they have been throughout their ownership and possession of it, and not to destroy or otherwise take actions intended to diminish the property's value. Ordered by Magistrate Judge Steven M. Gold on 2/14/2017. (Gold, Steven)
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Filing 1343
REPLY to Response to Motion re #1341 MOTION to Expedite (Shorten) time for Entering onto Land for Inspection and Other Purposes Response to Jacob Kagan's Opposition to State Farm's Request for Entry Onto Land [DE: 1342] filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1342
RESPONSE in Opposition re #1341 MOTION to Expedite (Shorten) time for Entering onto Land for Inspection and Other Purposes filed by Jacob Kagan. (Beynenson, Alek)
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Filing 1341
MOTION to Expedite (Shorten) time for Entering onto Land for Inspection and Other Purposes by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER: #1341 Motion to Expedite is hereby granted, in that any opposition Jacob Kagan and Victoria Kagan wish to make to State Farm's Request for Entry Onto Land (attached to State Farm's motion as Ex. A) shall be submitted by 12:00 PM on FEBRUARY 13, 2017. Ordered by Magistrate Judge Steven M. Gold on 2/6/2017. (Pronley, Alyssa)
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Filing 1340
Letter concerning issues for oral argument by Law Office of Boris Volfman, P.C., Boris Volfman (Post, Eric)
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Filing 1339
Letter concerning issues to be addressed at hearing by Miriam Kagan (Spray, Judd)
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Filing 1338
MEMORANDUM in Opposition re #1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by HSBC Mortgage Corporation (USA). (Zarlock, Preston)
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Filing 1337
Letter concerning issues to be presented at oral argument by HSBC Mortgage Corporation (USA) (Zarlock, Preston)
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Filing 1336
NOTICE of Appearance by Richard Weingarten on behalf of HSBC Mortgage Corporation (USA) (aty to be noticed) (Weingarten, Richard)
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Filing 1335
Letter regarding February 14th hearing by State Farm Mutual Automobile Insurance Company (Landau, Philip)
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RE-SCHEDULING ORDER: The motion hearing previously scheduled for February 7, 2017 is adjourned to FEBRUARY 14, 2017 AT 2:30 PM in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 1/27/2017. (Gillespie, Saudia)
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ORDER re: #1263 MOTION to Enforce Judgment: The Court has scheduled a hearing to grant the parties an opportunity to present oral arguments in support of or in opposition to the Motion to Enforce Judgment at Docket Number #1263 , or any other pending matter. Plaintiff, State Farm, shall submit a letter on or before Wednesday, February 1, 2017, identifying each aspect of its motion it plans to argue at the hearing, including all docket numbers of submissions relevant to those arguments. To the extent plaintiff wishes to rest on its papers, it shall so indicate in its letter and identify the docket numbers of all submissions it contends are pending but which will not be argued at the hearing. Any defendant or non-party who wishes to be heard or present arguments in opposition to plaintiff's motion shall submit a letter by Friday, February 3, 2017 identifying each issue it plans to argue at the hearing, including the docket numbers of all submissions relevant to its planned arguments. Ordered by Magistrate Judge Steven M. Gold on 1/27/2017. (Pronley, Alyssa)
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Filing 1334
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate of Filing Affidavit of Service upon Santander Bank, N.A. (Landau, Philip)
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Filing 1333
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate of Filing Affidavit of Service upon Miriam Kagan (Landau, Philip)
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Filing 1332
MOTION for Order of Sale to Direct Sale of Esmac Court Property by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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NOTICE of Hearing on Motion: Oral argument on State Farm's MOTION to Enforce Judgment, filed as docket entry #1263 on 3/23/2016, will be held at 2:30 PM on 2/7/2017 in Courtroom 13D South before Magistrate Judge Steven M. Gold. Only counsel who wish to be heard with respect to the motion must be present. (Pronley, Alyssa)
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Filing 1331
Letter Responding to DE: 1330 by State Farm Mutual Automobile Insurance Company (Landau, Philip)
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Filing 1330
Letter by Miriam Kagan (Spray, Judd)
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Filing 1329
REPLY in Support re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1328
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by Miriam Kagan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Spray, Judd)
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Filing 1327
RESPONSE in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by Miriam Kagan. (Spray, Judd)
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Filing 1326
CERTIFICATE OF SERVICE by State Farm Mutual Automobile Insurance Company re Order,, #945 Objection to Report and Recommendations (Landau, Philip)
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Filing 1325
Letter re #1323 Motion to Unseal Document by Jacob Kagan (Beynenson, Alek)
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ORDER re: #1323 MOTION to Unseal Document #945 Objection to Report and Recommendations. In light of Jacob Kagan's letter, Docket Entry #1325 , indicating that he does not object to Miriam Kagan receiving a copy of the requested materials so long as the documents filed under seal remain sealed, State Farm is directed to serve Miriam Kagan with Mr. Kagan's objections to the Report and Recommendation, Docket Entry #945 , by December 12, 2016, and file proof of service with the Court. Any submission Miriam Kagan thereafter wishes to make on the merits of State Farm's motion, Docket Entry #1263 , shall be filed electronically by January 3, 2017. Ordered by Magistrate Judge Steven M. Gold on 12/8/2016. (Kaufman, Zachary)
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ORDER granting in part and denying in part #1323 Motion to Unseal Document as follows: Unless Jacob Kagan files electronically an objection by December 8, 2016, State Farm shall serve Miriam Kagan with Mr. Kagan's objections to the Report and Recommendation, Docket Entry #945 , by December 12, 2016, and file proof of service with the Court. Any submission Miriam Kagan thereafter wishes to make on the merits of State Farm's motion, Docket Entry #1263 , shall be filed electronically by December 19, 2016. Ordered by Magistrate Judge Steven M. Gold on 12/1/2016. (Kaufman, Zachary)
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ORDER granting #1322 Motion for Extension of Time to File Response/Reply re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate. Any response counsel for Ms. Kagan wishes to make shall be filed by December 23, 2016. Ordered by Magistrate Judge Steven M. Gold on 11/30/2016. (Kaufman, Zachary)
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Filing 1324
RESPONSE to Motion re #1323 MOTION to Unseal Document #945 Objection to Report and Recommendations filed by Jacob Kagan filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1323
MOTION to Unseal Document #945 Objection to Report and Recommendations filed by Jacob Kagan by Miriam Kagan. (Spray, Judd)
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Filing 1322
First MOTION for Extension of Time to File Response/Reply as to #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate by Miriam Kagan. (Spray, Judd)
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Filing 1321
NOTICE of Appearance by Judd Robert Spray on behalf of Miriam Kagan (aty to be noticed) (Spray, Judd)
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Filing 1320
REPLY in Support re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate of Motion to Recover Fraudulently Transferred Property from Castoria Real Estate, LLC filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1319
ENDORSED ORDER granting State Farm Mutual Automobile Insurance Company's #1317 Motion for Extension of Time to 11/1/2016 to File Reply to Castoria Real Estate, LLC's Response re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Ordered by Judge Nina Gershon on 10/26/2016. (Barrett, C)
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Filing 1318
REPLY in Support re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Landau, Philip)
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Filing 1317
Second MOTION for Extension of Time to File Response/Reply as to #1313 Order on Motion for Extension of Time to File Response/Reply, #1303 Affidavit in Opposition to Motion, by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1316
ORDER denying #1304 Motion to Compel: See attached order. Ordered by Magistrate Judge Steven M. Gold on 10/20/2016. (Pronley, Alyssa)
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Filing 1315
ENDORSED ORDER granting #1314 Motion for Extension of Time to 11/16/2016 to Serve Fraudulent Transfer Motion on Sovereign Bank and Miriam Kagan. Sovereign Bank and Miriam Kagan to file responses w/in 30 days of service, and State Farm to file a reply brief w/in 14 days after any such response is filed. Ordered by Judge Nina Gershon on 10/17/2016. (Barrett, C)
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Filing 1314
Second MOTION for Extension of Time to File to Serve Fraudulent Transfer Motion by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1313
ENDORSED ORDER granting State Farm Mutual Automobile Insurance Company's #1310 Motion for Extension of Time to 10/25/2016 to File Reply to Castoria Real Estate, LLC's Response re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Ordered by Judge Nina Gershon on 10/11/2016. (Barrett, C)
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Filing 1312
ENDORSED ORDER granting State Farm Mutual Automobile Insurance Company's #1309 Motion for Extension of Time to 10/28/2016 to File Reply to Boris Volfman's and Law Office of Boris Volfman, P.C.'s Response re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Ordered by Judge Nina Gershon on 10/11/2016. (Barrett, C)
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Filing 1311
MEMORANDUM in Opposition re #1304 MOTION to Compel Answer to Interrogatory filed by Jacob Kagan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Beynenson, Alek)
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Filing 1310
MOTION for Extension of Time to File Response/Reply as to #1296 Order on Motion for Extension of Time to File Response/Reply, by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1309
MOTION for Extension of Time to File Response/Reply as to #1289 Order on Motion for Extension of Time to File Response/Reply, #1286 Order on Motion for Extension of Time to File Response/Reply, by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1308
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate Declaration of Eric B. Post filed by Law Office of Boris Volfman, P.C., Boris Volfman. (Attachments: #1 Exhibit A State Farm Motion, #2 Exhibit B07.02.2008 Affidavit of Abraham Melamed, #3 Exhibit C 08.17.2016 Affidavit of Richard Merlo, #4 Exhibit D 08.30.2016 Declaration of Denise Dickman, #5 Exhibit E 09.26.2016 Affidavit of Frank Castoria) (Post, Eric)
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Filing 1307
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate Declaration of Boris Volfman filed by Law Office of Boris Volfman, P.C., Boris Volfman. (Attachments: #1 Exhibit A Attorney Registration Detail, #2 Exhibit B Deposition Transcript Excerpts, #3 Exhibit C Fax 03.04.2010, #4 Exhibit D Letter 04.19.2010, #5 Exhibit E IOLA Account Statements, #6 Exhibit F Compilation: Quickbooks Transaction Report, Checks, Correspondence) (Post, Eric)
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Filing 1306
MEMORANDUM in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by Law Office of Boris Volfman, P.C., Boris Volfman. (Post, Eric)
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Filing 1305
REPLY in Support re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1304
MOTION to Compel Answer to Interrogatory by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1303
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by castoria real estate llc. (Attachments: #1 Affidavit) (Markarian, Nazareth)
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Filing 1302
ENDORSED ORDER granting State Farm Mutual Automobile Insurance Company's #1301 Motion for Extension of Time to 9/30/2016 to File Reply to HSBC Mortgage Corporation (USA)'s Response re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Ordered by Judge Nina Gershon on 9/13/2016. (Barrett, C)
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Filing 1301
Letter MOTION for Extension of Time to File Response/Reply as to #1290 Order on Motion for Extension of Time to File Response/Reply, by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1300
MEMORANDUM in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by HSBC Mortgage Corporation (USA). (Attachments: #1 Certificate of Service) (Zarlock, Preston)
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Filing 1299
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate [DECLARATION OF PRESTON L. ZARLOCK ] filed by HSBC Mortgage Corporation (USA). (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 Certificate of Service) (Zarlock, Preston)
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Filing 1298
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate [DECLARATION OF DENISE DICKMAN] filed by HSBC Mortgage Corporation (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service) (Zarlock, Preston)
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Filing 1297
Corporate Disclosure Statement by HSBC Mortgage Corporation (USA) identifying Corporate Parent HSBC Holdings plc. for HSBC Mortgage Corporation (USA). (Attachments: #1 Certificate of Service) (Zarlock, Preston)
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Filing 1296
ENDORSED ORDER granting Castoria Real Estate, LLC's #1295 Motion for Extension of Time to 9/26/2016 to File Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Plaintiff's reply due by 10/11/2016. Ordered by Judge Nina Gershon on 8/29/2016. (Barrett, C)
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Filing 1295
First MOTION for Extension of Time to File opposition by castoria real estate llc. (Markarian, Nazareth) Modified on 8/31/2016 (Barrett, C).
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Filing 1294
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate of Filing Withdrawal of Request for Relief Against Philip O'Hara Associates, Inc. (Landau, Philip)
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Filing 1293
NOTICE of Appearance by Thomas Torto on behalf of Philip O'Hara Associates (aty to be noticed) (Torto, Thomas)
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Filing 1292
AFFIDAVIT/DECLARATION in Opposition re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate filed by Philip O'Hara Associates. (Attachments: #1 Exhibit Application for Title Insurance, #2 Exhibit Title Examiner Certificate of Title, #3 Exhibit Title report, #4 Exhibit Check, #5 Exhibit Title Bill, #6 Exhibit Check, #7 Exhibit Check, #8 Exhibit Title Insurance Policy, #9 Memorandum in Opposition Memorandum of Law) (Torto, Thomas)
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Filing 1291
NOTICE of Appearance by Preston L. Zarlock on behalf of HSBC Mortgage Corporation (USA) (aty to be noticed) (Zarlock, Preston)
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Filing 1290
ENDORSED ORDER granting HSBC Mortgage Corporation (USA)'s #1285 Motion for Extension of Time to 9/1/2016 to File Response/Reply re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Plaintiff's reply due by 9/15/2016. Ordered by Judge Nina Gershon on 8/16/2016. (Barrett, C)
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Filing 1289
ENDORSED ORDER granting the Law Office of Boris Volfman, P.C.'s #1288 Motion for Extension of Time to 9/30/2016 to File Response/Reply re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Plaintiff's reply due by 10/14/2016. Ordered by Judge Nina Gershon on 8/15/2016. (Barrett, C)
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Filing 1288
Consent MOTION for Extension of Time to File Response/Reply as to #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, #1264 Order, Set Motion and R&R Deadlines/Hearings,, by Law Office of Boris Volfman, P.C.. (Post, Eric)
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Filing 1287
NOTICE of Appearance by Eric B. Post on behalf of Law Office of Boris Volfman, P.C. (aty to be noticed) (Post, Eric)
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Filing 1286
ENDORSED ORDER granting Boris Volfman's #1283 Motion for Extension of Time to 9/30/2016 to File Response/Reply re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property. Plaintiff's reply due by 10/14/2016. Ordered by Judge Nina Gershon on 8/11/2016. (Barrett, C)
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Filing 1285
MOTION for Extension of Time to File Response/Reply as to #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate,, #1264 Order, Set Motion and R&R Deadlines/Hearings,, by HSBC Mortgage Corporation (USA). (Attachments: #1 Certificate of Service) (Kidera, Heather)
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Filing 1284
NOTICE of Appearance by Heather H. Kidera on behalf of HSBC Mortgage Corporation (USA) (aty to be noticed) (Kidera, Heather)
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Filing 1283
Consent MOTION for Extension of Time to File Response/Reply as to #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate,, #1264 Order, Set Motion and R&R Deadlines/Hearings,, by Boris Volfman. (Post, Eric)
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Filing 1282
NOTICE of Appearance by Eric B. Post on behalf of Boris Volfman (aty to be noticed) (Post, Eric)
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Filing 1281
NOTICE by State Farm Mutual Automobile Insurance Company of Subpoena to be served on Santander Bank, N.A. (Landau, Philip)
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Filing 1280
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Boris Volfman (Landau, Philip)
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Filing 1279
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Elena Kazhdan (Landau, Philip)
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Filing 1278
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Law Office of Boris Volfman, P.C. (Landau, Philip)
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Filing 1277
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Boris Volfman CPA, P.C. (Landau, Philip)
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Filing 1276
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon HSBC Mortgage Corporation (USA) (Landau, Philip)
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Filing 1275
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon HSBC Mortgage Services, Inc. (Landau, Philip)
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Filing 1274
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon HSBC USA, Inc. (Landau, Philip)
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Filing 1273
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Mortgage Electronic Registration Systems, Inc. (Landau, Philip)
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Filing 1272
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Castoria Real Estate, LLC (Landau, Philip)
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Filing 1271
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Philip O'Hara Associates, Inc. (Landau, Philip)
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Filing 1270
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Edward Koretsky (Landau, Philip)
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Filing 1269
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Yan Lyubomirsky (Landau, Philip)
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Filing 1268
NOTICE by State Farm Mutual Automobile Insurance Company re #1263 MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, of Filing Affidavit of Service upon Alla Koretsky (Landau, Philip)
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Filing 1267
ENDORSED ORDER granting #1265 Motion for Extension of Time to 10/17/2016 to Serve Fraudulent Transfer Motion on Sovereign Bank and Miriam Kagan. Sovereign Bank and Miriam Kagan to file responses w/in 30 days of service, and State Farm to file a reply brief w/in 14 days after any such response is filed. Ordered by Judge Nina Gershon on 7/20/2016. (Barrett, C)
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Filing 1266
NOTICE by State Farm Mutual Automobile Insurance Company re #1264 Order, Set Motion and R&R Deadlines/Hearings,, (Landau, Philip)
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Filing 1265
MOTION for Extension of Time to File to Serve Fraudulent Transfer Motion by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1264
ORDER re #1263 Motion to Enforce Judgment to Recover Fraudulently Transferred Property filed by plaintiff State Farm Automobile Insurance Company. State Farm is directed to accomplish service and provide notice to the alleged fraudulent transferees by 7/18/2016. Response(s) due by 8/18/2016. Reply(ies) due by 9/1/2016. Ordered by Judge Nina Gershon on 6/16/2016. (Barrett, C)
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Filing 1263
MOTION to Enforce Judgment to Recover Fraudulently Transferred Property of Momik Realty, LLC From (I) Boris Volfman, Esq., (II) Law Office of Boris Volfman, P.C., (III) HSBC Bank, (IV) Sovereign Bank, (V) Yan Lyubomirsky, (VI) Castoria Real Estate, LLC, (VII) Philip O'Hara Associates, Inc., (VIII) Edward Koretsky, (IX) Elena Kazhdan, (X) Miriam Kagan and (XI) Alla Koretsky by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1262
Notice of MOTION to Withdraw #1260 Letter by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER granting #1262 Motion to Withdraw: The conference scheduled for January 21st is canceled. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/20/2016. (Vasquez, Lea) Modified on 1/20/2016 (Vasquez, Lea).
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Filing 1261
CERTIFICATE OF SERVICE by State Farm Mutual Automobile Insurance Company re #1260 Letter (Landau, Philip)
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SCHEDULING ORDER re #1260 Letter filed by State Farm Mutual Automobile Insurance Company: A telephone conference will be held at 3:00 p.m. on January 21, 2016 before the undersigned. Counsel for State Farm who authored the January 13th letter, and counsel for defendant Jakab Kagan are the only parties required to participate. Counsel for plaintiff is directed to arrange the call with all parties and immediately confirm this conference date and time with defendant's counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/14/2016. (Vasquez, Lea)
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Filing 1260
Letter Motion for Copy of Objection Under Seal by State Farm Mutual Automobile Insurance Company (Landau, Philip)
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Filing 1259
CLERK'S JUDGMENT in favor of State Farm Mutual Automobile Insurance Company against Victoria Kagan. An Order of Honorable Nina Gershon, United States District Judge, having been filed on December 23, 2015, adopting in its entirety the Supplemental Report and Recommendation of Magistrate Judge Steven M. Gold, dated October 22, 2015; granting Plaintiffs' motions to commence special proceedings to recover fraudulently transferred property of Jacob Kagan to the extent indicated; and directing the Clerk of Court to enter- judgment as follows: Against Victoria Kagan in the sum of $83,000, representing the proceeds of checks written by Jacob Kagan to her in July of 2004; Against Victoria Kagan in the sum of $167,557.50, representing approximately one-half of the proceeds realized from the sale of the real property at 74 Tacoma Street on Staten Island; and Against Victoria Kagan in the sum of $512,500, in connection with the fraudulent transfer of real property located at 390 Graham Avenue in Brooklyn; and Against Momik Realty, LLC in the sum of $1,025,000, in connection with its role in the fraudulent transfer of the real property located at 390 Graham Avenue in Brooklyn; it isJUDGMENT 04-CV- 2609 (NG) ORDERED and ADJUDGED that Plaintiffs' motions to commence special proceedings to recover fraudulently transferred property of Jacob Kagan are granted to the extent indicated; and that it is further,ORDERED and ADJUDGED that judgment is hereby entered in favor of PlaintiffState Farm Mutual Automobile Insurance Company as against (1) Defendant Victoria Kagan in the sum of $83,000, representing the proceeds of checkswritten by Jacob Kagan to her in July of 2004; (2) Defendant Victoria Kagan in the sum of $167,557.50, representing approximately one-half of the proceeds realized from the sale of the real property at 74 Tacoma Street on StatenIsland; and (3) Defendant Victoria Kagan in the sum of $512,500, in connection with the fraudulent transfer of real property located at 360 Graham Avenue in Brooklyn; and (4) Defendant Momik Realty, LLC, in the sum of $1,025,000, in connection with its role in the fraudulent transfer of the real property located at 390 Graham Avenue in Brooklyn. Ordered by Clerk of Court Janet Hamilton on 12/23/2015. (Priftakis, Tina)
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Filing 1258
ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE GOLD. Ordered by Judge Nina Gershon on 12/21/2015. Forwarded for Judgment. (Priftakis, Tina)
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Filing 1257
REPORT AND RECOMMENDATIONS re #1246 REPORT AND RECOMMENDATIONS re #1240 MOTION to Amend/Correct/Supplement State Farm's Motion to Commence Special Proceeding to Recover Fraudulently Transferred Property of Jacob Kagan (ECF No. 1194) filed by State Farm Mutual Automobi, respectfully supplementing my earlier Report and recommending that judgment be entered against Momik Realty, LLC in the amount of $1,025,000, and against Victoria Kagan in the amount of $512,500, in connection with the transfer of the Graham Avenue Property. Objections to R&R due by 11/9/2015. Ordered by Chief Mag. Judge Steven M. Gold on 10/22/2015. (Gold, Steven)
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Filing 1256
REPLY in Support re #1247 Memorandum in Support, #1246 REPORT AND RECOMMENDATIONS re #1240 MOTION to Amend/Correct/Supplement State Farm's Motion to Commence Special Proceeding to Recover Fraudulently Transferred Property of Jacob Kagan (ECF No. 1194) filed by State Farm Mutual Automobi Omnibus Reply in Support of Damages Request filed by State Farm Mutual Automobile Insurance Company. (Dorsey, Patrick)
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Filing 1255
REPLY to Response to Motion re #1254 MOTION for Extension of Time to File Response/Reply as to #1253 Response in Opposition to Motion, #1247 Memorandum in Support, #1252 Reply in Opposition by Victoria Kagan filed by Victoria Kagan. (Saunders, Craig)
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ORDER granting #1254 Motion for Extension of Time to File Reply: Plaintiff's reply due by 6/26/2015. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/18/2015. (Vasquez, Lea)
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Filing 1254
MOTION for Extension of Time to File Response/Reply as to #1253 Response in Opposition to Motion, #1247 Memorandum in Support, #1252 Reply in Opposition by State Farm Mutual Automobile Insurance Company. (Dorsey, Patrick)
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Filing 1253
RESPONSE in Opposition re #1246 REPORT AND RECOMMENDATIONS re #1240 MOTION to Amend/Correct/Supplement State Farm's Motion to Commence Special Proceeding to Recover Fraudulently Transferred Property of Jacob Kagan (ECF No. 1194) filed by State Farm Mutual Automobi filed by Jacob Kagan. (Attachments: #1 Exhibit 1) (Beynenson, Alek)
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ORDER re #1252 Reply in Opposition filed by Victoria Kagan: Victoria Kagan's application for leave to submit additional documentation by June 19 is granted. In light of the length of time this matter has been pending, this deadline will not be extended absent a detailed showing of compelling circumstances. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/2/2015. (Vasquez, Lea)
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Filing 1252
REPLY in Opposition to State Farm's February 4, 2015 Letter filed by Victoria Kagan. (Saunders, Craig)
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Filing 1251
Letter MOTION for Extension of Time to File Response/Reply as to #1247 Memorandum in Support by Jacob Kagan. (Beynenson, Alek)
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ORDER granting #1251 Motion for Extension of Time to File Response/Reply re #1251 Letter MOTION for Extension of Time to File Response/Reply as to #1247 Memorandum in Support Responses due by 6/12/2015. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/28/2015. (Vasquez, Lea)
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ORDER re #1247 Memorandum in Support filed by State Farm Mutual Automobile Insurance Company: By letter dated February 4, 2015, and in response to a direction included in the pending Report and Recommendation, plaintiff State Farm sets forth the amounts it seeks to recover from Victoria Kagan and Momik Realty, LLC as fraudulent transferees of interests in what the parties refer to as the Graham Avenue property. Defendants have not filed any response to plaintiff's letter. Because defendants may be under the impression that their pending objections to the Report and Recommendation will be ruled upon before any response to plaintiff's letter is due, this Order alerts them otherwise. Any response to plaintiff's letter of February 4, 2015 shall be submitted by May 29, 2015. Failure to submit a response by that date will result in the Court's acceptance of the arguments set forth in plaintiff's letter as unopposed. Ordered by Chief Mag. Judge Steven M. Gold on 5/13/2015. (Gold, Steven)
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Filing 1250
REPLY in Opposition re #1248 Objection to Report and Recommendations, #1249 Objection to Report and Recommendations filed by All Plaintiffs. (Landau, Philip)
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Email Notification Test - DO NOT REPLY (Mahon, Cinthia)
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Filing 1249
OBJECTION to #1246 Report and Recommendations filed by Victoria Kagan. (Saunders, Craig)
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Filing 1248
OBJECTION to #1246 Report and Recommendations filed by Jacob Kagan. (Beynenson, Alek)
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Filing 1247
MEMORANDUM in Support of Damages Request Set Forth in Motion to Commence Special Proceeding [Doc. No. 1209] filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1246
REPORT AND RECOMMENDATIONS re #1240 MOTION to Amend/Correct/Supplement State Farm's Motion to Commence Special Proceeding to Recover Fraudulently Transferred Property of Jacob Kagan (ECF No. 1194) filed by State Farm Mutual Automobile Insurance Company, respectfully recommending (1) that plaintiff's First Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan, Docket Entry 1194, be granted, and that an Order be entered requiring Victoria Kagan to pay to State Farm $83,000, representing the proceeds of checks written by Jacob Kagan to her in July of 2004, and $167,557.50, representing approximately one-half of the proceeds realized from the sale of the real property at 74 Tacoma Street on Staten Island; and (2) that plaintiff's Second Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan, Docket Entry 1209, be granted. State Farm is directed to submit a letter or memorandum of law setting forth the amounts it seeks to recover from Victoria Kagan and Momik Realty, LLC and the basis for the amounts sought within the time for filing objections to this Report. Objections to R&R due by 2/9/2015. Ordered by Chief Mag. Judge Steven M. Gold on 1/21/2015. (Gold, Steven)
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Filing 1245
ORDER granting #1219 Motion to Compel. Ordered by Chief Mag. Judge Steven M. Gold on 1/21/2015. (Gold, Steven)
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Filing 1244
REPLY in Support of Motions to Commence Special Proceedings [D.E. 1194 & D.E. 1209] filed by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1243
MOTION for Extension of Time to File Response/Reply as to #1239 Telephone Conference,, in Support of Motions to Recover Fraudulent Transfers (ECF No. 1194 and ECF No. 1209) by State Farm Mutual Automobile Insurance Company. (Dorsey, Patrick)
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ORDER granting #1243 Motion for Extension of Time to File Response/Reply. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/9/2014. (Vasquez, Lea)
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Filing 1242
RESPONSE in Opposition re #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan, #1240 MOTION to Amend/Correct/Supplement State Farm's Motion to Commence Special Proceeding to Recover Fraudulently Transferred Property of Jacob Kagan (ECF No. 1194), #1209 Second MOTION for Hearing re #1172 Clerk's Judgment,,,,, #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by Victoria Kagan. (Saunders, Craig)
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Filing 1241
RESPONSE in Opposition re #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan, #1209 Second MOTION for Hearing re #1172 Clerk's Judgment,,,,, #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by Jacob Kagan. (Beynenson, Alek)
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Filing 1240
MOTION to Amend/Correct/Supplement State Farm's Motion to Commence Special Proceeding to Recover Fraudulently Transferred Property of Jacob Kagan (ECF No. 1194) by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1239
Minute Entry for Telephone Conference held on 9/23/2014 before Chief Magistrate Judge Steven M. Gold: Landau and Dorsey for plaintiff, Beynenson for Jacob Kagan, Saunders for Victoria Kagan. Plaintiff will confirm the representation made today with respect to the amount of Tacoma proceeds it seeks in its motion by written submission filed by September 24. Jacob and Victoria Kagan may submit responses to plaintiff's supplemental memorandum, docket entry 1238, by October 2, and plaintiff may submit a reply by October 9. The parties all agree that no discovery is required and any evidentiary presentation may be limited to the submission of documents to the Court. (Tape #FTR 5:05-5:23.) (Vasquez, Lea)
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Filing 1238
MEMORANDUM in Support of Motions to Commence Special Proceedings [Doc. No. 1194 and 1209] filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A) (Landau, Philip)
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Filing 1237
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon FIA Card Services (Landau, Philip)
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Filing 1236
NOTICE by State Farm Mutual Automobile Insurance Company re Order on Motion to Continue, #1234 Order on Motion for Hearing,,,,,,,,,,,,,,,,,,,,, Certificate of Service (Landau, Philip)
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Filing 1235
MOTION to Continue Status Conference Scheduled for September 3, 2014 by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER granting #1235 Motion to Continue: The conference scheduled for September 3rd will instead be held at 5:00 p.m. on September 23, 2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/28/2014. (Vasquez, Lea)
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Filing 1234
ORDER deferring ruling on #1194 Motion for Hearing; deferring ruling on #1209 Motion for Hearing: THE COURT WILL HOLD A TELEPHONE CONFERENCE AT 2:00 PM ON SEPTEMBER 3, 2014. COUNSEL FOR PLAINTIFF WILL ARRANGE THE CONFERENCE CALL. The purpose of the call is to afford the parties an opportunity to address the following questions with respect to plaintiff's pending motions, docket entries 1194 and 1209. (1) Each motion seeks "an order commencing a special proceeding." Plaintiff shall be prepared to explain more clearly what the effect of such an order, assuming its motions are granted, would be. More specifically, plaintiff shall explain whether its pending motion seeks an order transferring title to property, leave to begin a litigation process that may lead to that result, or other relief. If, as the language of the motion suggests, plaintiff seeks leave to commence a proceeding, what authority requires that a judgment creditor obtain leave of court before commencing such proceedings? If plaintiff seeks and order transferring title to property, have all potentially interested parties, such as Momik, been served with the motion and afforded an opportunity to be heard? (2) Plaintiff's second motion, Docket Entry 1209, alleges that Jacob Kagan converted non-exempt funds into exempt equity in his home. Plaintiff's motion does not identify the New York State statute or case law that gives rise to the homestead exemption referred to in its memorandum. Plaintiff shall be prepared to provide appropriate citations at the telephone conference, and to state whether the exemption has a dollar ceiling or other limitation. (3) Plaintiff's first motion asserts that Jacob Kagan and Victoria Kagan jointly owned real property at 74 Tacoma Street, Staten Island, New York. Plaintiff further asserts that Jacob and Victoria Kagan sold the property and realized more than $300,000 in net proceeds, and that all of the proceeds were paid to Victoria Kagan. Plaintiff challenges the conveyance of these proceeds as constructively fraudulent, and seeks an order requiring Victoria Kagan to pay all of the Tacoma proceeds to State Farm. Plaintiff shall be prepared to explain why, if Jacob and Victoria Kagan jointly owned the Tacoma Street property, Victoria was not legitimately entitled to half of the proceeds when the property was sold, and why its motion should not be limited to half of the $335,115 its motion seeks.. Ordered by Chief Mag. Judge Steven M. Gold on 8/27/2014. (Vasquez, Lea)
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ORDER terminating #1220 Motion for Extension of Time to File Response/Reply because mooted by subsequent events. Ordered by Chief Mag. Judge Steven M. Gold on 8/26/2014. (Gold, Steven)
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Filing 1233
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Bank of America Corporation (Landau, Philip)
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Filing 1232
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon HSBC North America, Inc. (Landau, Philip)
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Filing 1231
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon American Express Company (Landau, Philip)
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Filing 1230
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon JPMorgan Chase Bank (Landau, Philip)
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Filing 1229
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Citibank N.A. (Landau, Philip)
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Filing 1228
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Wells Fargo Bank (Landau, Philip)
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Filing 1227
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Chase Bank USA (Landau, Philip)
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Filing 1226
REPLY in Support re #1219 MOTION to Compel , #1209 Second MOTION for Hearing re #1172 Clerk's Judgment,,,,, #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Landau, Philip)
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Filing 1225
REPLY in Opposition re #1209 Second MOTION for Hearing re #1172 Clerk's Judgment,,,,, #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by Victoria Kagan. (Saunders, Craig)
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ORDER granting #1221 Motion for Leave to File. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/20/2014. (Vasquez, Lea)
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ORDER finding as moot #1211 Motion to Compel in light of plaintiff's letter to the Court dated May 16, 2014 #1223 . So Ordered by Chief Magistrate Judge Steven M. Gold on 5/19/2014. (Vasquez, Lea)
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Filing 1224
NOTICE by State Farm Mutual Automobile Insurance Company re #1223 MOTION to Adjourn Conference Scheduled on May 19, 2014 Certificate of Service (Landau, Philip)
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Filing 1223
MOTION to Adjourn Conference Scheduled on May 19, 2014 by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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ORDER granting #1223 Motion to Adjourn Conference. The conference is adjourned without date. Ordered by Chief Mag. Judge Steven M. Gold on 5/16/2014. (Gold, Steven)
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Filing 1222
Minute Entry for Telephone Conference held on 5/14/2014 before Chief Magistrate Judge Steven M. Gold: Landau for plaintiff, Saunders for defendant Victoria Kagan, Beynenson for defendant Jacob Kagan. (1) Defendants will review the motion filed yesterday by plaintiff forthwith, and file a letter by the close of business today that either agrees to produce the defendants for further deposition to answer the questions at issue or proposes a short date for submitting opposition to plaintiff's motion. (2) Defendants may submit opposition to plaintiff's pending motion, docket entry 1209, by May 23, and plaintiff may submit a reply by June 2. The Court will decide the motion on papers absent a showing that a hearing is warranted, supported by specific reference to evidence that would be presented at such a hearing. (Tape #FTR 10:35-10:50.) (Vasquez, Lea)
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Filing 1221
Letter MOTION for Extension of Time to File Response/Reply response/opposition by Jacob Kagan. (Beynenson, Alek) Modified on 5/20/2014 (Vasquez, Lea).
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Filing 1220
Letter MOTION for Extension of Time to File Response/Reply by Victoria Kagan (Saunders, Craig) Modified on 5/20/2014 (Vasquez, Lea).
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Filing 1219
MOTION to Compel by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1218
TRANSCRIPT of Proceedings held on January 17, 2014, before Judge Gold. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2014. Redacted Transcript Deadline set for 6/13/2014. Release of Transcript Restriction set for 8/11/2014. (Rocco, Christine)
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Filing 1217
NOTICE by State Farm Mutual Automobile Insurance Company re Scheduling Order,, (Landau, Philip)
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Filing 1216
NOTICE by State Farm Mutual Automobile Insurance Company re Scheduling Order,,, Certificate of Service (Landau, Philip)
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Filing 1215
Letter dated 4/28/14 to Judge Gershon and Mr. Landau in response to State Farm's Motion to Compel attendance at Deposition. (Fernandez, Erica)
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Filing 1214
NOTICE re Scheduling Order: A copy of the scheduling Order dated 5/02/14 was mailed on this date by chambers to the Khalavsky defendants at 160 Johanna Lane, Staten Island, NY 10309. (Vasquez, Lea)
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Filing 1213
Letter RESPONSE dated April 28, 2014 in Opposition re #1211 MOTION to Compel Attendance at Deposition and For Production of Documents filed by Margarita Khalavsky, Robert Khalavsky. (Vasquez, Lea)
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SCHEDULING ORDER re #1194 MOTION for Hearing re #1172 Clerk's Judgment, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company, #1209 Second MOTION for Hearing re #1172 Clerk's Judgment, #1194 MOTION for Hearing re #1172 Clerk's Judgment, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company: A TELEPHONE CONFERENCE WILL BE HELD AT 10:30 A.M. ON MAY 14, 2014 BEFORE THE UNDERSIGNED. COUNSEL FOR PLAINTIFFS AND COUNSEL FOR THE KAGAN DEFENDANTS ARE THE ONLY PARTIES REQUIRED TO PARTICIPATE. COUNSEL FOR PLAINTIFF IS DIRECTED TO ARRANGE THE CALL WITH ALL PARTIES AS WELL AS IMMEDIATELY CONFIRM THIS CONFERENCE DATE AND TIME WITH DEFENDANTS' COUNSEL. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/2/2014. (Vasquez, Lea)
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SCHEDULING ORDER re #1213 Response in Opposition to Motion filed by Margarita Khalavsky, Robert Khalavsky, #1211 MOTION to Compel Attendance at Deposition and For Production of Documents filed by State Farm Mutual Automobile Insurance Company: A TELEPHONE CONFERENCE WILL BE HELD AT 10:00 A.M. ON MAY 19, 2014 BEFORE THE UNDERSIGNED. COUNSEL FOR PLAINTIFFS AND THE KHALAVSKY DEFENDANTS, WHO ARE APPEARING PRO SE, ARE THE ONLY PARTIES REQUIRED TO PARTICIPATE. COUNSEL FOR PLAINTIFF IS DIRECTED TO ARRANGE THE CALL WITH ALL PARTIES AS WELL AS IMMEDIATELY NOTIFY THE KHALAVSKY DEFENDANTS OF THIS CONFERENCE DATE AND TIME. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/2/2014. (Vasquez, Lea)
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Filing 1212
NOTICE of Appearance by Alek Beynenson on behalf of Jacob Kagan (aty to be noticed) (Beynenson, Alek)
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Filing 1211
MOTION to Compel Attendance at Deposition and For Production of Documents by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A) (Landau, Philip)
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Filing 1210
ORDER REFERRING MOTION: Both of plaintiffs pending Motions to Commence Special Proceedings (ECF Document Nos. #1194 and #1209 ) are hereby respectfully referred to Magistrate Judge Steven M. Gold. Any further such post judgment motions are also referred to Judge Gold. Ordered by Judge Nina Gershon on 4/11/2014. Motions referred to Steven M. Gold. (Fernandez, Erica)
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Filing 1209
Second MOTION for Hearing re #1172 Clerk's Judgment,,,,, #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A-E) (Landau, Philip)
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Filing 1208
REPLY to Response to Motion re #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A) (Landau, Philip)
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Filing 1207
MEMORANDUM in Opposition re #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan Memo of Law in Opposition filed by Victoria Kagan. (Saunders, Craig)
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ORDER granting #1205 Motion for Leave for Patrick Dorsey to Appear Pro Hac Vice for plaintiff. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/7/2014. (Vasquez, Lea)
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Filing 1206
NOTICE by State Farm Mutual Automobile Insurance Company re #1205 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6768612. Certificate of Good Standing (Dorsey, Patrick)
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ORDER deferring ruling on #1205 Motion for Leave to Appear Pro Hac Vice. Counsel has been notified that unless a current certificate of good standing is filed by the end of the day, the application will be denied. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/6/2014. (Vasquez, Lea)
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Filing 1205
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6768612. by State Farm Mutual Automobile Insurance Company. (Dorsey, Patrick)
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Filing 1204
NOTICE by State Farm Mutual Automobile Insurance Company re #1203 Order on Motion to Quash, Telephone Conference,,,, Certificate of Service (Landau, Philip)
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Filing 1203
Minute Order for Telephone Conference held on 1/31/2014 before Chief Magistrate Judge Steven M. Gold denying #1195 Motion to Quash: Landau for State Farm, Vetoukh, defendant pro se. Defendant Vetoukh will appear for a meeting with plaintiff's counsel on February 12, 2014. Plaintiff and defendant Vetoukh will discuss in advance of the meeting the documents that Vetoukh will bring with him to the meeting. At the meeting, the parties will agree on a date for Vetoukh's deposition. Plaintiff's counsel will confirm all of this in writing to Mr. Vetoukh. Plaintiff will serve a copy of this order on defendant Vetoukh and file proof of service with the Court. (Tape #FTR 10:05-10:12, 10:23-10:34.) (Vasquez, Lea)
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Filing 1202
NOTICE by State Farm Mutual Automobile Insurance Company re #1196 Scheduling Order,,, Supplemental Certificate of Service (Landau, Philip)
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Filing 1201
NOTICE by State Farm Mutual Automobile Insurance Company re #1196 Scheduling Order,,, Certificate of Service (Landau, Philip)
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Filing 1200
NOTICE by State Farm Mutual Automobile Insurance Company re #1197 Motion Hearing,,,,,,, Certificate of Service (Landau, Philip)
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Filing 1199
ORDER REFERRING MOTION to Quash #1195 : The court is in receipt of the letter, dated January 7, 2014, from defendant pro se Igor Vetoukh, which sets forth Mr. Vetoukh's opposition to a subpoena served upon him by plaintiff State Farm. As such, the court will treat it as a pro se motion to quash.. Ordered by Judge Nina Gershon on 1/22/2014. Motions referred to Steven M. Gold. (Fernandez, Erica) (Main Document 1199 replaced on 4/10/2014) (Fernandez, Erica).
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Filing 1198
NOTICE re #1196 Scheduling Order: A copy of the Order dated 1/22/14 was mailed on this date by chambers to defendant Vetoukh at the address listed on the docket sheet. (Vasquez, Lea)
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Filing 1197
Minute Entry for Motion Hearing held on 1/17/2014 re #1185 #1188 #1194 MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company before Chief Mag. Judge Steven M. Gold: The motions to quash submitted by Jacob Kagan (DE 1185) and Victoria Kagan (DE 1188) are denied for reasons stated on the record. (1) Plaintiff will provide Jacob Kagan with copies of all of his financial records previously produced to it by January 27. JACOB KAGAN WILL APPEAR FOR DEPOSITION AT THE OFFICES OF KATTEN MUCHIN AT 575 MADISON AVENUE, NEW YORK, NEW YORK AT 10:00 AM ON FEBRUARY 11, 2014. MR. KAGAN SHALL BE PREPARED TO IDENTIFY ALL BANK ACCOUNTS, CREDIT CARDS, DEBIT CARDS AND OTHER FINANCIAL INSTRUMENTS HE HAS USED DURING THE PAST SIX YEARS. MR. KAGAN SHALL BE PREPARED TO IDENTIFY ALL ACCOUNTANTS AND ATTORNEYS HE HAS USED DURING THE LAST SIX HEARS. MR. KAGAN SHALL BE PREPARED TO IDENTIFY ALL REAL ESTATE HOLDINGS HE HAS HAD OVER THE LAST SIX YEARS. MR. KAGAN SHALL BE PREPARED TO EXECUTE AUTHORIZATIONS FOR TAX RETURNS AND ACCOUNT INFORMATION FROM FINANCIAL INSTITUTIONS, ALL ON PAIN OF SANCTION. (2) Plaintiff will provide Victoria Kagan with copies of all of her financial records previously produced to it by January 27. Victoria Kagan will produce the documents discussed on the record today by March 7. Victoria Kagan will submit her opposition to plaintiff's pending motion (DE 1194) by March 7. (3) Plaintiff will serve Jacob Kagan with a copy of this Order by overnight mail to the address he provided on the record of today's proceeding and file proof of service with the Court. (Tape #FTR 10:58-11:27.) (Vasquez, Lea)
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Filing 1196
SCHEDULING ORDER re #1195 Letter: Igor Vetoukh, a defendant proceeding pro se in the above-captioned case, has requested assistance from the Court in a letter dated January 7, 2014, filed as docket entry number #1195 . Accordingly, a conference will be held by telephone on Friday, January 31, 2014 at 10:00 a.m. before the Honorable Steven M. Gold, United States Magistrate Judge at (718) 613-2560. Counsel for the plaintiff and pro se defendant Vetoukh are the only parties required to participate in the call.Plaintiff's counsel is directed to arrange the conference with all parties as well as immediately notify defendant Vetoukh of this conference date and time. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference with consent of all parties.. Ordered by Chief Mag. Judge Steven M. Gold on 1/22/2014. (Vasquez, Lea)
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Filing 1194
MOTION for Hearing re #1172 Clerk's Judgment,,,,, Motion to Commence Special Proceedings to Recover Fraudulently Transferred Property of Jacob Kagan by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1193
NOTICE of Appearance by Craig Saunders on behalf of Victoria Kagan (aty to be noticed) (Saunders, Craig)
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Filing 1195
Letter dated 1/7/14 to Judge Nina Gershon from Igor Vetoukh informing the Court that he has received a subpoena from the State Farm attorneys but is afraid to go without legal representation. (Fernandez, Erica) Modified on 1/23/2014 (Fernandez, Erica).
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Filing 1192
NOTICE by State Farm Mutual Automobile Insurance Company re #1189 Scheduling Order,,, Amended Certificate of Service (Landau, Philip)
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Filing 1191
REPLY in Opposition re #1186 Letter, #1185 Order,, State Farm's Response to Pro Se Motions to Quash Subpoenas filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A & B) (Landau, Philip)
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Filing 1190
NOTICE by State Farm Mutual Automobile Insurance Company re #1189 Scheduling Order,,, Certificate of Service (Landau, Philip)
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Filing 1189
SCHEDULING ORDER: A motion hearing will be held in person at 11:00 a.m. on January 17, 2014 before the Honorable Steven M. Gold, United States Magistrate Judge in Courtroom 13-D South at 225 Cadman Plaza East, Brooklyn, New York. Counsel for plaintiff must be present along with pro se defendants Jacob Kagan and Victoria Kagan. If Jacob Kagan or Victoria Kagan are represented by counsel, their respective counsel must be present as well. Plaintiffs counsel is directed to immediately notify the pro se defendants, of this conference date and time by forwarding a copy of this Order via overnight mail, return receipt requested, to their last known addresses. No request for adjournment will be considered unless made on consent at least forty-eight (48) hours before the scheduled conference.. Ordered by Chief Mag. Judge Steven M. Gold on 1/2/2014. (Vasquez, Lea)
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Filing 1188
ORDER: The court is in receipt of the attached letter, dated December 18, 2013, from former defendant Victoria Kagan, which sets forth Ms. Kagan's opposition to a subpoena served upon her by plaintiff State Farm. As such, the court will treat it as a pro se motion to quash. Plaintiff is directed to serve and file a response to the letter motion on or before January 7,2014, the same date as its response to the letter motion of defendant pro se Jacob Kagan is due. (See Order dated December 16, 2013, ECF Document #1185 .)The date of the subpoena is hereby adjourned sine die, until this matter can be heard by Magistrate Judge Steven M. Gold, to whom it is respectfully referred. Ordered by Judge Nina Gershon on 12/30/2013. (Attachments: #1 Letter) (Fernandez, Erica)
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Filing 1187
MANDATE of USCA as to #1173 Notice of Appeal filed by Jacob Kagan, #1175 Subsequent Notice of Appeal, filed by Mirka United, Inc. IT IS HEREBY ORDERED that the appeal is dismissed effective December 2, 2013 for failure to file the brief and appendix by that date. Issued as Mandate; 12/20/13. (McGee, Mary Ann)
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Filing 1186
Letter dated 12/18/13 to Judge Nina Gershon from Victoria Kagan requesting that the Court orders State Farm to refrain from any contact with her. (Fernandez, Erica)
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Filing 1185
ORDER: The court is in receipt of the attached letter, dated December 12, 2013, from defendant pro se Jacob Kagan, which sets forth Mr. Kagan's opposition to a subpoena served upon him by plaintiff State Farm. As such, the court will treat it as apro se motion to quash. Plaintiff is directed to serve and file a response to the letter motion on or before January 7,2014.The date of the subpoena is hereby adjourned sine die, until this matter can be heard by Magistrate Judge Steven M. Gold, to whom it is respectfully referred. Ordered by Judge Nina Gershon on 12/16/2013. (Attachments: #1 Letter) (Fernandez, Erica)
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Filing 1184
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Capital One Bank (Landau, Philip)
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Filing 1183
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon HSBC North America, Inc. (Landau, Philip)
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Filing 1182
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Citibank NMTC Corporation (Landau, Philip)
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Filing 1181
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon JPMorgan Chase & Co. (Landau, Philip)
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Filing 1180
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Santander Holdings USA, Inc. (Landau, Philip)
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Filing 1179
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Astoria Financial Corp. (Landau, Philip)
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Filing 1178
NOTICE by State Farm Mutual Automobile Insurance Company of Serving Subpoena for Documents upon Hapoalim U.S.A. Holding Company, Inc. (Landau, Philip)
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ORDER granting #1177 Motion for Leave for Philip J. Landau to Appear Pro Hac Vicefor plaintiff. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/2/2013. (Vasquez, Lea)
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Filing 1177
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6577395. by State Farm Mutual Automobile Insurance Company. (Landau, Philip)
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Filing 1176
ORDER of USCA as to #1173 Notice of Appeal filed by Jacob Kagan, #1175 Subsequent Notice of Appeal, filed by Mirka United, Inc. The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to Local Rule 42.1. The stipulation is hereby "So Ordered" without prejudice to reinstatement by 10/15/2013. MANDATE NOT YET ISSUED. Certified Copy issued 10/03/14. (McGee, Mary Ann)
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Second Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #1175 Subsequent/Amended Notice of Appeal. (McGee, Mary Ann)
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Filing 1175
Subsequent/Amended NOTICE OF APPEAL by Mirka United, Inc. filed per direction of clerk for Mirka United - Defendant Jacob Kagan Notice filed earlier today. Notice of Appeal 5/31/13, amended to include Mirka United as an Appellant in original appeal. (Collesano, Michael) Modified on 6/3/2013 (McGee, Mary Ann).
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Filing 1174
USCA Appeal Fees received $ 455.00 receipt number 4653059608 re #1173 Notice of Appeal filed by Jacob Kagan. (McGee, Mary Ann)
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Filing 1173
NOTICE OF APPEAL from #1172 Clerk's Judgment. by Jacob Kagan and Mirka United. No fee paid. Attorney notified. Service done electronically. (Collesano, Michael) Modified on 5/31/2013 (McGee, Mary Ann).
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First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #1173 Notice of Appeal #174 Fee 5/31/2013 (McGee, Mary Ann).
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Electronic Index to Record on Appeal sent to US Court of Appeals. #1173 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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APPEAL FILING FEE DUE re #1173 Notice of Appeal Please either come to the clerks office or mail the filing fee in the amount of $455.00. (McGee, Mary Ann)
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First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #1173 Notice of Appeal #174 Fee This is a duplicate transmission to USCA. (McGee, Mary Ann)
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Filing 1172
CLERK'S JUDGMENT directing that judgment is hereby entered in favor of Plaintiff State Farm Mutual Automobile Insurance Company as against (1) Defendants Jacob Kagan and Margarita Khalavsky, jointly and severally, in the amount of $1,404,742.57; and (2) Defendants Jacob Kagan, Margarita Khalavsky, and Mirka United, Inc., jointly andseverally in the amount of $81,462.56; and (3) Defendants Margarita Khalavsky and Robert Khalavsky, jointly and severally, in theamount of $161,058.20; and (4) Defendants Margarita Khalavsky, Robert Khalavsky and Jacob Kagan, jointly and severally, in the amount of $161,058.20; and (5) Defendants Margarita Khalavsky, Robert Khalavsky, Graham Management Group,Inc. and Horizon Management of NY, Inc., jointly and severally, in the amount of $415,247.98;and (6) Defendant Igor Vetoukh in the amount of $848,058.74; and (7) Defendants Igor Vetoukh and Arbov Inc., jointly and severally, in the amount of $424,029.37; and (8) Defendants Bohdar Vasechko and Model Supply, Inc., jointly and severally, in the amount of $197,523.92; and (9) Defendants Jacob Kagan and Mirka United, Inc., jointly and severally in the amount of $731,048.15; plus post judgment interest at the rate set forth in 28 U.S.C. 1961. Ordered by Michele Gapinski, Chief Deputy for Court Operations on 5/10/2013. c/m (Fernandez, Erica) Modified on 5/13/2013 (Fernandez, Erica) to reflect that judgment will be mailed to pro se deft Vetoukh.
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Filing 1171
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, with the slight modification as set forth above, I adopt the Report and Recommendations of Judge Gold as the opinion of the court. The Clerk of Court is directed to enterjudgment against the defaulting defendants in the amounts set forth on pages 22-23 of the Report and in the Supplement to Report& Recommendation, dated Jan. 18,2013 (ECF Doc #1164 ), and to close this case. Ordered by Judge Nina Gershon on 5/3/2013. (fwd for judgment) (Fernandez, Erica)
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Filing 1170
Letter to Honorable Nina Gershon by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1 - Notice of Filing Verifying Delivery via Federal Express, #2 Exhibit 2 - Federal Express Receipts) (Marks, Jonathan)
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Incorrect Case/Document/Entry Information. Document #1170 previously entered by Jonathan L. Marks, Esq. was removed due to incorrect filing of exhibits. Counsel will refile document #1170. (Galeano, Sonia)
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Filing 1169
Letter to Honorable Nina Gershon by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1168
Letter to Magistrate Judge Steven M. Gold by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1167
Letter in response to State Farm's January 18, 2013 letter by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1165
CERTIFICATE OF SERVICE by State Farm Mutual Automobile Insurance Company re #1161 REPORT AND RECOMMENDATIONS re #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same filed by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1164
ORDER supplementing Report and Recommendation to include a recommendation that damages be awarded against defendant Arbov on State Farm's Eighteenth Claim for Relief. Ordered by Chief Mag. Judge Steven M. Gold on 1/18/2013. (Gold, Steven)
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Filing 1163
Letter to Magistrate Judge Steven M. Gold Pursuant to Order Entered 1/3/2013 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Marks, Jonathan)
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Filing 1162
OBJECTION to #1161 Report and Recommendations filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1161
REPORT AND RECOMMENDATIONS re #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same filed by State Farm Mutual Automobile Insurance Company Objections to R&R due by 1/21/2013, respectfully recommending that damages be awarded and final judgments entered as indicated in the attached report and recommendation. Ordered by Chief Mag. Judge Steven M. Gold on 1/3/2013. (Gold, Steven)
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Filing 1160
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on Mar. 2, 2010, before Judge Gershon. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. 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 10/23/2012. Redacted Transcript Deadline set for 11/2/2012. Release of Transcript Restriction set for 12/31/2012. (Driscoll, Holly)
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Filing 1159
Letter dated 9/25/12 to Magistrate Gold from Igor Vetukh in response to State Farm's Motion for Entry of Final Judgment. (Fernandez, Erica)
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Filing 1158
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2.9.11, before Judge Gershon. Court Reporter/Transcriber Anthony D. Frisolone, Telephone number (718) 613-2487. Email address: AFrisolone@aol.com. 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 10/22/2012. Redacted Transcript Deadline set for 11/1/2012. Release of Transcript Restriction set for 12/31/2012. (Frisolone, Anthony)
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Filing 1157
Letter Requesting Entry of Judgment by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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ORDER re #1156 Letter filed by State Farm Mutual Automobile Insurance Company: Any opposition by Mr. Vitoukh to plaintiff's motion for entry of a default judgment must be filed by September 21, 2012. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/31/2012. (A copy of this Order was mailed by chambers on this date to pro se defendant Vitoukh at the address listed on the docket sheet.) (Vasquez, Lea)
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Filing 1156
Letter to Judge Gold by State Farm Mutual Automobile Insurance Company (Attachments: #1 1 - 8/24/2012 Letter to Igor Vetoukh) (Marks, Jonathan)
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Filing 1155
Letter in Response to State Farm's Supplemental filing for motion for entry of Final Judgment by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1154
NOTICE by State Farm Mutual Automobile Insurance Company of Filing Fed Ex Tracking Receipts (Marks, Jonathan)
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ORDER re #1153 Letter filed by Jacob Kagan, Mirka United, Inc. The application of defendants Kagan & Mirka to respond to plaintiff's supplemental filing no later than August 6, 2012 is granted. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/26/2012. (O'Connor, Erin)
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Filing 1153
Letter to Court requesting time to respond to State Farm's Supplemental Filing with regard to entry of Final Judgment by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1152
Letter to Magistrate Judge Gold Re: Court's Inquiries Regarding the Liability of Jacob Kagan and Margarita Khalavsky by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Marks, Jonathan)
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Filing 1151
TRANSCRIPT of Proceedings held on July 12, 2012, before Judge Gold. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012. (Rocco, Christine)
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Filing 1150
Minute Order for proceedings held before Chief Magistrate Steven M. Gold:deferring ruling on #1125 Motion for Damages; Motion Hearing held on 7/12/2012 re #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same filed by State Farm Mutual Automobile Insurance Company: Marks for plaintiff; Rosenberg for Kagan & Mirka, with Kagan present. Oral Argument on plaintiff's motion for default judgment held. Decision reserved. Plaintiff shall submit a supplemental letter addressing the issues raised today no later than July 23, 2012. By July 24, 2012, counsel for Kagan shall indicate whether he intends to submit any further opposition in response. (Tape #FTR: 10:08 - 11:19.) (Vasquez, Lea) Modified on 7/16/2012 (Vasquez, Lea).
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Filing 1149
Letter by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Marks, Jonathan)
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Filing 1148
TRANSCRIPT of Proceedings held on June 21, 2012, before Judge Gold. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 10/1/2012. (Rocco, Christine)
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Filing 1147
ORDER re #1146 Letter: The inquest will proceed on July 12, 2012. See attached Order for additional information. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/28/2012. (O'Connor, Erin)
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Filing 1146
Letter to Magistrate Steven M. Gold from Igor Vetukh, undated, advising the Court that he is incarcerated and his release date will be 8/11/12, therefore requesting that the July 2012 hearing be rescheduled to a date after 9/1/12. (Fernandez, Erica)
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Filing 1145
Letter Pursuant to Minute Entry Doc#1144 by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1144
Minute Entry for Telephone Conference held on 6/21/2012 before Chief Magistrate Judge Steven M. Gold: Marks & Josephson for plaintiff; Rosenberg for Kagan and Mirka, with Kagan; Furman for Lipovsky. Lipovsky is not in default on the pleadings and has no current application pending before the court. The inquest scheduled for July 12, 2012 at 10:00 a.m. will proceed as scheduled. If defendants intend to call witnesses or offer exhibits, they shall submit a letter no later than 12 noon on June 25, 2012 identifying those witness and exhibit. Plaintiff will submit a letter no later than July 6, 2012 addressing the issues raised by the court during today's telephone conference.FTR 2:32 - 3:02 (Tape #FTR 2:32 - 3:02.) (Vasquez, Lea)
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NOTICE: After Mr. Rubin, counsel for the Khalavskys and their corporate entities, failed to participated in today's telephone conference, the court spoke to Mr. Rubin by telephone. The court alerted him to the inquest scheduled for July 12, 2012 and invited him to submit any opposition to plaintiff's motion reasonably in advance of the inquest. (O'Connor, Erin)
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Filing 1143
Letter by State Farm Mutual Automobile Insurance Company (Josephson, Kathy)
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ORDER granting #1141 Motion for Hearing: A conference will be held by telephone at 2:30 p.m. on June 21, 2012 before the undersigned. Counsel for plaintiff and counsel for defendant Kagan with defendant client Kagan, as well as defendant Vetouk, who is appearing pro se, are required to participate in this conference. Plaintiff's counsel is directed to arrange the call with all parties and confirm this conference date and time with counsel and the pro se defendant. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/14/2012. (Vasquez, Lea)
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Filing 1142
Letter in Response to State Farm's Letter by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1141
Letter MOTION for Hearing by State Farm Mutual Automobile Insurance Company. (Josephson, Kathy)
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Filing 1140
REPLY in Support re #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same filed by State Farm Mutual Automobile Insurance Company. (Silverman, Ross)
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Filing 1139
RESPONSE in Opposition re #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same filed by Jacob Kagan, Mirka United, Inc.. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c, #4 Exhibit d, #5 Exhibit e) (Rosenberg, Bruce)
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Filing 1138
Letter in Response to Doc#1137 by Jacob Kagan (Rosenberg, Bruce)
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Filing 1137
Letter MOTION for Extension of Time to File Response/Reply to #1125 Motion for Damages by Jacob Kagan. (Vasquez, Lea)
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ORDER denying #1137 Motion for Extension of Time to File Response/Reply for the reasons previously set forth in the Court's Order dated 4/20/2012. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/2/2012. (Vasquez, Lea)
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ORDER denying #1136 Motion to Withdraw as Attorney. Bruce Rosenberg, counsel for defendants Jacob Kagan and Mirka United, Inc., has filed a motion for leave to withdraw as their counsel. Docket Entry 1136. A default judgment on liability has already been entered against these defendants. Docket Entry 1088. Plaintiff filed a motion seeking a determination of damages and entry of a final judgment more than three months ago. Docket Entry 1125. On January 26, 2012, I issued an Order granting defendants Kagan and Mirka an extension of time, until May 7, 2012, to respond to plaintiff's motion, scheduling an inquest hearing for July 12, 2012, and stating that no further extensions would be granted. Docket Entry 1129. Accordingly, and for essentially the same reason Mr. Rosenberg's prior motion for leave to withdraw was denied, docket entry 1093, Mr. Rosenberg's current motion is denied as well. Mr. Rosenberg may renew his motion, but only if supported by a notice of substitution of counsel and a letter from incoming counsel representing that he or she will abide by the existing schedule, or an affidavit of Mr. Kagan stating he will submit his opposition to plaintiff's motion, if any, pro se and pursuant to the existing schedule and that he understands that Mirka may submit its opposition to plaintiff's motion, if any, only through counsel and only on or before May 7, but that he nevertheless consents to Mr. Rosenberg's withdrawal. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/20/2012. (O'Connor, Erin)
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Filing 1136
MOTION to Withdraw as Attorney by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1135
NOTICE of Change of address by Bruce S. Rosenberg (Rosenberg, Bruce)
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ORDER re #1133 Letter: Kagan's application to adjourn the briefing schedule for 90 days after his release is DENIED without prejudice to his right to renew the motion if new counsel files a notice of appearance. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/7/2012. (O'Connor, Erin)
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ORDER re #1132 Letter: Defendant Vetukh's application for a damages hearing is denied as moot. An inquest hearing has already been scheduled for 10:00 a.m. on July 12, 2012. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/7/2012. (O'Connor, Erin)
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Filing 1132
Letter dated 2/1/12 from Igor Vetukh to USMJ Gold, opposing State Farm's motion for entry of final judgment and respectfully request that defts Igor Vetukh's and Arbov, Inc. be granted damages hearing. Mr. Vetukh's respectfully ask, that the request for damages hearing be granted in the interest of justice. (Galeano, Sonia)
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Filing 1131
NOTICE by State Farm Mutual Automobile Insurance Company of Filing of Proof of Delivery (Marks, Jonathan)
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Filing 1130
NOTICE by State Farm Mutual Automobile Insurance Company of filing of proof of delivery. (Attachments: #1 Delivery Receipt 1, #2 Delivery Receipt 2) (Marks, Jonathan)
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Filing 1134
Letter dated 1/16/12 to Judge Nina Gershon from Jacob Kagan regarding the motion submitted by counsel for State Farm in the above referenced action. (Fernandez, Erica)
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Filing 1133
Letter dated 1/16/12 from Jacob Kagan to USDJ Gershon, re: State Farm's motion. Mr. Kagan informs the Court that he will be released from prison on 4/5/12 and in the interim, he is in the process of obtaining new counsel to oppose this motion; and to try the case at the damages trial, that he respectfully request be ordered in the interest of justice. Mr. Kagan request that this matter be adjourned until at least 90 days after his release, for new counsel and to properly prepare this matter for trial. (Galeano, Sonia)
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Filing 1129
ORDER granting #1126 Motion for Extension of Time to File Response/Reply: See attached Order. The court will hold an inquest hearing at 10:00 a.m. on July 12, 2012. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/26/2012. (O'Connor, Erin)
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Filing 1128
RESPONSE to Motion re #1126 MOTION for Extension of Time to File Response/Reply as to #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same filed by State Farm Mutual Automobile Insurance Company. (Josephson, Kathy)
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Filing 1127
NOTICE by State Farm Mutual Automobile Insurance Company of Filing of Proof of Delivery (Attachments: #1 Federal Express Tracking Information) (Josephson, Kathy)
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Filing 1126
MOTION for Extension of Time to File Response/Reply as to #1125 MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1125
MOTION for Damages Set Forth In Actual Damages Statement And For Entry Of Final Judgment In Accordance With Same by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Report and Recommendation, #2 Exhibit 2 - Orders of Default, #3 Exhibit 3 - January 6, 2012 Affidavit of Robert Cowen) (Silverman, Ross)
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ORDER terminating #860 Report and Recommendations as moot. Ordered by Senior Judge Nina Gershon on 12/22/2011. (Joe, Victor)
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Filing 1124
ORDER granting #1123 Motion for Default Judgment: On August 25, 2011, plaintiff filed a Motion for Default Judgment as a Sanction for Failure to Participate in Preparation of the Pre-Trial Order as to Igor Vetoukh. Plaintiff's Motion for Default is GRANTED. As a result, there are no remaining defendants active in this case. All other defendants have either settled or have had default judgments entered against them. This case, therefore, will proceed to a determination of damages. As plaintiff has proposed, plaintiff is hereby directed, within 30 days, to re-file its Statement of Actual Damages, including only those defendants against whom it has obtained a default judgment. Additionally, plaintiff shall submit affidavits, and any supporting documents, supporting the dollar amount of damages it is alleging. Plaintiff is directed to serve these papers, by mail, together with a copy of this order on all defaulted defendants except those represented by counsel, who will receive them on ECF, and to file proof of service. Any defendant wishing to be heard shall submit a response in writing within 30 days of service. The determination of damages as to all remaining defendants is hereby referred to Chief Magistrate Judge Steven M. Gold. All further scheduling and requests regarding damages will be handled by Magistrate Judge Gold. Ordered by Senior Judge Nina Gershon, on 12/5/2011.
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Filing 1123
MOTION for Default Judgment as Sanction for Failure to Participate in Preparation of Pretrial Order as to Igor Vetoukh by State Farm Mutual Automobile Insurance Company. (Marks, Jonathan) Modified on 12/9/2011 to reflect that this is a motion for default judgment (Barrett, C).
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Filing 1121
Proposed Pretrial Order Regarding Igor Vetoukh by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Marks, Jonathan)
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Filing 1120
Stipulation and Order of Dismissal with Prejudice for Simon Vituk and Maria Vituk. Ordered by Senior Judge Nina Gershon on 7/25/2011. (Fernandez, Erica)
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Filing 1119
STIPULATION of Dismissal and Order with Prejudice for Defendants Simon Vituk and Maria Vituk by State Farm Mutual Automobile Insurance Company (Attachments: #1 Notice of Filing) (Marks, Jonathan)
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Filing 1118
Stipulation and Order of Dismissal with Prejudice for Defendant Victoria Kagan. Ordered by Senior Judge Nina Gershon on 7/5/2011. (Fernandez, Erica)
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Filing 1117
Order Dismissing Parties; It is hereby stipulated and agreed by and between the undersigned, the attorneys of record for State Farm and the Lipovsky Defendants, pursuant to Fed. R Civ. P. 41(a) that State Farm's claims against the Lipovsky Defendants are hereby voluntarily dismissed with prejudice, with each party to bear its own costs and attorneys' fees. Party Eleanor Lipovsky and Palermo Medical, PC, terminated.. Ordered by Senior Judge Nina Gershon on 7/5/2011. (Rocco, Christine)
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Filing 1116
Letter in response to doc 1115 by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1115
Letter to Judge Nina Gershon and Magistrate Judge Steven M. Gold re: Procedure for Entry of Default Judgment by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1114
STIPULATION of Dismissal and Order of Dismissal With Prejudice for Defendant Victoria Kagan by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1113
STIPULATION of Dismissal With Prejudice for Defendants Eleanor Lipovsky and Palermo Medical P.C. (and Order) by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Minute Entry for Settlement Conference held on 6/23/2011 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Melamed for Victoria Kagan, with Kagan participating. Plaintiff and defendant Victoria Kagan have agreed to a settlement and will file stipulation of discontinuance by June 30. Plaintiff will submit a letter by June 30 reporting on the status of its efforts to reach a settlement with remaining defendant Igor Vetoukh and proposing a procedure for addressing its pending applications for entry of default judgments. (Vasquez, Lea)
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Minute Entry for Settlement Conference held on 6/15/2011 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff; Melamed for defendant Victoria Kagan, with Kagan present; Furmal for defendants Lipovsky and Palermo, with Lipovsky present; Semen and Mariya Vitukhnovskaya, defendants pro se; Igor Vetoukh, defendant pro se. (1) Plaintiff and defendants Lipovsky and Palermo have executed a written settlement agreement, acknowledged on the record at FTR 4:39-4:45. A stipulation discontinuing this action, without prejudice to apply to the Court by a date certain if the settlement is not consummated, will be filed by June 29, 2011. (2) Plaintiff and Semen and Mariya Vitukhnovskaya, defendants pro se, have agreed to settlement terms, stated on the record at FTR 3:47-3:53. The parties intend for the terms to be reduced to writing. Plaintiff will provide a draft agreement to defendants by June 20. Defendants will execute the agreement and make the first payment pursuant to its terms no later than July 15, 2011, and shall make the final payment pursuant to its terms no later than November 15. Plaintiff shall submit a stipulation discontinuing its claims against pro se defendants Semen and Mariya Vitukhnovskaya by July 22, without prejudice to plaintiff's right to move to reopen the case by November 30 if the settlement has not been consummated by that date. (3) With respect to defendant pro se Igor Vetoukh, plaintiff shall serve a pretrial order on defendant by July 9, defendant shall provide a list of witnesses and exhibits he intends to rely on at trial by July 23, and plaintiff shall file a pretrial order with the Court by July 30. (4) THE COURT WILL HOLD A FURTHER SETTLEMENT CONFERENCE WITH DEFENDANT VICTORIA KAGAN AT 4:00 PM ON JUNE 23, 2011. (Tape #FTR 4:39-4:45, 3:47-3:53,.) (Vasquez, Lea)
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Filing 1112
Letter to Judge Gold regarding status by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1111
NOTICE of Change of address by Bruce S. Rosenberg (Rosenberg, Bruce)
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Filing 1110
Proposed Pretrial Order Second Amended Pre-Trial Order by Victoria Kagan (Melamed, Abraham)
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Filing 1109
Proposed Jury Instructions by Victoria Kagan (Melamed, Abraham)
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Filing 1108
Letter Advising Judge of Client's Position as to Trial by Victoria Kagan (Attachments: #1 Exhibit) (Melamed, Abraham)
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SCHEDULING ORDER: The court will hold a settlement conference with the following defendants at 2:00 p.m. on June 15, 2011: Eleanor Lipovsky, Palermo Medical, Mariya and Semen Vitukhnovskaya, Igor Vetoukh and Victoria Kagan. Defendants, and their counsel if represented, must attend in person. Plaintiff shall submit an updated status report on any settlement negotiations no later than June 8, 2011.Ordered by Chief Magistrate Steven M. Gold on 5/17/2011. (O'Connor, Erin)
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ORDER: Plaintiff is directed to serve a copy of the prior scheduling Order on those defendants forthwith. Ordered by Chief Magistrate Judge Steven M. Gold on 5/17/2011. (O'Connor, Erin)
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Filing 1107
ORDER denying #1100 Motion to Withdraw as Attorney; At this point, plaintiff and Ms. Kagan are in the midst of final pre-trial proceedings. Their joint pre-trial order and Ms. Kagan's proposed jury instructions are to be filed with the court in less than ten days. Clearly, allowing Mr. Melamed to withdraw as Ms. Kagan's counsel would cause an unnecessary delay of these filings and of the trial, which was originally scheduled to begin on November 29, 2010. Therefore, Mr. Melamed's motion to withdraw as counsel for defendant Victoria Kagan is DENIED. Ordered by Senior Judge Nina Gershon on 5/12/2011. (Fernandez, Erica)
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Filing 1106
ORDER granting #1101 Motion for Extension of Time to File; Counsel for deft Kagan requests additional time up to 5/20/11 within which to comply with the Court's direction regarding the Pre-Trial Order and Proposed Jury Instructions. Ordered by Senior Judge Nina Gershon on 5/9/2011. (Fernandez, Erica)
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Filing 1105
Letter by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1104
Proposed Jury Instructions by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1103
Proposed Pretrial Order (Second Amended Joint) by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1 - 5/6/11 e-mail from K. Josephson to A. Melamed, #2 Exhibit 2 -Grafman Deposition Designations, #3 Exhibit 3 - Kagan Deposition Designations, #4 Exhibit 4 - Grafman Trial Exhibit) (Marks, Jonathan)
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Filing 1102
RESPONSE to Motion re #1100 Notice of MOTION to Withdraw as Attorney by Abraham Melamed as to Defendant, #1101 Letter MOTION for Extension of Time to File Pre-Trial Order and Jury Instructions filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - 5/4/11 E-mail from a. Melamed to K. Josephson) (Marks, Jonathan)
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Filing 1101
Letter MOTION for Extension of Time to File Pre-Trial Order and Jury Instructions by Victoria Kagan. (Melamed, Abraham)
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Filing 1100
Notice of MOTION to Withdraw as Attorney by Abraham Melamed as to Defendant by Victoria Kagan. (Melamed, Abraham)
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Filing 1099
ORDER re #1095 Letter filed by Victoria Kagan; The court is in receipt of Abraham Melamed, Esq's April 27, 2011 letter concerning defendant Victoria Kagan's purported discharge of Mr. Melamed as her attorney. Pursuant to LocalCivil Rule 1.4, "An attorney who has appeared as attorney of record for a party may be relieved or displaced only by order of the court...." Therefore, if Mr. Melamed wishes to be relieved as counsel, he is directed to file with the court a formal motion, on notice to his client and all parties. Ordered by Senior Judge Nina Gershon on 4/28/2011. (Fernandez, Erica)
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Filing 1098
ORDER: The court is in receipt of defendant Jacob Kagan's April 19, 2011 letter regarding the sale of his property at 601 Surf Avenue. If defendant Kagan wishes to make an application regarding the sale of this property, he should do so by formal motion through his attorney of record, Bruce Rosenberg, Esq. Ordered by Senior Judge Nina Gershon on 4/28/2011. (Fernandez, Erica)
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Filing 1097
ORDER re #1093 ; For the reasons stated in the court's April 21, 2011 order denying Mr. Rosenberg's motion to withdraw, Kagan's letter purporting to discharge Mr. Rosenberg does not alter the court's conclusion that Mr. Rosenberg should not be permitted to withdraw as counsel. The court, therefore, will continue to communicate with defendant Kagan through his attorney of record Mr. Rosenberg. Ordered by Senior Judge Nina Gershon on 4/27/2011. (Fernandez, Erica)
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Filing 1095
Letter Discharging Abraham Melamed as Attorney by Victoria Kagan (Melamed, Abraham)
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Filing 1096
Letter dated 4/19/11 from Jacob Kagan to USDJ Gershon, seeking "permission to proceed with the short sale of his condominium and the proceeds paid into the Court to disburse under Your Honor's supervision, in accordance with the Court's order." (Galeano, Sonia)
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Filing 1094
NOTICE by Jacob Kagan, Mirka United, Inc. of Termination of Representation of Bruce Rosenberg (Rosenberg, Bruce)
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Filing 1093
ORDER denying #1090 Motion to Withdraw as Attorney; At this point, liability against Mr. Rosenberg's client has been determined; all that remains is a determination as to damages. In effect, therefore, Mr. Rosenberg and his client are in the midst of trial proceedings. To allow Mr. Rosenberg to withdraw at this time would result in unnecessarydelay and duplication of efforts. Mr. Rosenberg's request is therefore DENIED. Ordered by Senior Judge Nina Gershon on 4/21/2011. (Fernandez, Erica)
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Filing 1092
ORDER: Plaintiff and defendant Victoria Kagan are hereby directed to submit, by May 6, 2011, a revised pre-trial order and proposed jury instructions, each of which should address only those claims and issues that concern defendant Victoria Kagan. Ordered by Senior Judge Nina Gershon on 4/21/2011. (Fernandez, Erica)
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Filing 1091
Letter by State Farm Mutual Automobile Insurance Company (Silverman, Ross)
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Filing 1090
MOTION to Withdraw as Attorney Notice for Doc#1089 by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1089
MOTION to Withdraw as Attorney Renewed Motion by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1088
OPINION AND ORDER: Defendant Kagan has exhibited in this case exactly the type of serious misconduct Rule 37 is designed to deter. Throughout this litigation, Kagan and Mirka. United have resisted providing discovery or co-operating with plaintiff in any meaningful way. Their actions have resulted in a waste of judicial resources over the course of the last seven years and have required this court to become the micromanager of discovery in this litigation. For these reasons, and all the reasons set forth above, plaintiff's Motion for Case Terminating Sanctions Against Defendants Jacob Kagan and Mirka United, Inc. is GRANTED. Plaintiff's request for further relief is DENIED. A default judgment on liability will be entered against defendants Jacob Kagan and Mirka United. The damages to be awarded will await further proceedings. Ordered by Senior Judge Nina Gershon on 4/1/2011. (fwd for judgment) (Fernandez, Erica)
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Filing 1086
Stipulation and Order of Dismissal with Prejudice for Defendants German Laufer and Milan Medical, P.C.. Ordered by Senior Judge Nina Gershon on 2/8/2011. (Fernandez, Erica)
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Filing 1085
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 13, 2010, before Judge Gershon. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. 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 3/3/2011. Redacted Transcript Deadline set for 3/14/2011. Release of Transcript Restriction set for 5/11/2011. (Driscoll, Holly)
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Motions terminated, docketed incorrectly: 859 Letter MOTION for Order to Show Cause Opposition filed by Mariya Vitukhnovskaya. Not a Motion. Should have been filed as a response. (Marziliano, August)
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Filing 1087
Minute Entry for proceedings held before Senior Judge Nina Gershon:Pre Motion Conference held on 2/9/2011. Counsel for parties present. The court began by noting Mr. Furman's absence, which was on consent of plaintiff and approved by the court. The court then addressed Mr. Rosenberg's letter request to file a motion to withdraw as defendant Kagan's counsel. The court found that such a motion was premature, in light of the pending motion for default sanctions against Mr. Kagan, and stated that after the sanctions motion was decided Mr. Rosenberg could renew his request if he so wished. The court stated that a decision on the sanctions motion was forthcoming. The court then asked Ms. Kagan to address their current status. Ms. Kagan's attorney advised that his client was prepared for trial. With no further open issues, the court adjourned the conference. (Court Reporter Anthony Frisolone.) (Fernandez, Erica)
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Filing 1084
Mail Returned as Undeliverable, "Return to Sender; Not Deliverable As Addressed; Unable to Forward." Order dated 2/4/11 previously sent to Irena Ivleva. (Galeano, Sonia)
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Filing 1083
Letter to Judge Gershon re February 9, 2011 Conference by German Laufer, Eleanor Lipovsky, Milan Medical P.C., Palermo Medical, PC (Furman, Mark)
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Filing 1082
ORDER granting #981 Motion for Default Judgment; In light of the Khalaysky defendants' failure to participate in the pretrial order, as well as Mr. Rubin's representation to the court that they understand such failure will result in a default judgment being entered against them, plaintiff's Motion for Default Judgment as a Sanction for Failure to Participate in Preparation of the Joint Pretrial Order is GRANTED as to the Khalaysky defendants. Further proceedings regarding the determination of damages against the Khalaysky defendants will be held in abeyance pending the resolution of liability issues as to the remaining defendants. Ordered by Senior Judge Nina Gershon on 2/4/2011. (Fernandez, Erica)
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Filing 1081
STIPULATION to Dismiss with Prejudice Defendants German Laufer and Milan Medical, P.C. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Notice of Filing) (Marks, Jonathan)
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Filing 1080
ORDER directing parties to attend a pretrial conference on February 9, 2011, at 2:30 p.m. in courtroom 6D. See Order for details. Ordered by Senior Judge Nina Gershon on 2/4/2011. (Wilson, Ryan)
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Filing 1079
MOTION to Seal Document #975 Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Marks, Jonathan)
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Filing 1078
REPLY in Support re #1076 MOTION to Withdraw as Attorney filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1077
Letter To The Hon. Steven M. Gold, From Kathy P. Josephson, Dated February 1, 2011, Re: Counsel for defendant Jacob Kagan (Kagan) and Mirka United, Inc. (Mirka), Bruce Rosenberg Request For Permission to withdraw from this case, Filed by State Farm Mutual Automobile Insurance Company (Josephson, Kathy)
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Filing 1076
MOTION to Withdraw as Attorney by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1075
STATUS REPORT Regarding Communications with Khalavsky Defendants on Motion for Default Judgment as Sanction for Failure to Participate in Preparation of Pretrail Order [Doc 981] and Renewed Request for Entry of Same by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Marks, Jonathan)
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Minute Entry for Telephone Conference held on 12/22/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Rubin for Khalovsky defendants. Mr. Rubin reports that a settlement is not possible at this time and that he will be filing a letter by December 23 advising the Court that the Khalavsky defendants choose not to defend the case and understand and accept that default judgments will be entered against them. (Vasquez, Lea)
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Filing 1074
Letter ADVISING FINAL STATUS by Robert Khalavsky (Rubin, Victor)
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Minute Entry for Telephone Conference held on 12/20/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Rubin for Khalavsky defendants. Mr. Marks will provide Mr. Rubin the case law authority upon which plaintiff relies when insisting on admissions as part of any confession of judgment. Mr. Rubin will promptly consult with his clients and bankruptcy counsel. A further telephone conference, arranged by plaintiff's counsel, will be held at 5:00 PM ON DECEMBER 22, 2010. (Vasquez, Lea)
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SCHEDULING ORDER re #1073 Letter filed by State Farm Mutual Automobile Insurance Company: A telephone conference will be held at 12:00 p.m. on December 20th with counsel for plaintiff and counsel for Khalavsky are the only parties required to participate. Plaintiff's counsel is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/15/2010. (Vasquez, Lea)
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Filing 1073
Letter to Magistrate Judge Steven M. Gold by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1072
Letter re: Proposed Jury Instructions filed as Doc#1049 by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1070
Stipulation and Order Dismissing Parties with Prejudice Al Medical and Surgical Supply, Inc. and Vladimir Nabutovsky.. Ordered by Senior Judge Nina Gershon on 12/1/2010. (Fernandez, Erica)
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Filing 1069
TRANSCRIPT of Proceedings held on 10/27/10, before Judge Gold. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2010. Redacted Transcript Deadline set for 1/3/2011. Release of Transcript Restriction set for 3/2/2011. (Hong, Loan)
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Minute Entry for Settlement Conference held on 12/2/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Rubin for Khalovsky defendants. Plaintiff will provide the Khalovsky defendants with a demand and form of judgment consistent with the discussion held today by December 6. Defendants will respond to plaintiff by December 10. Plaintiff will provide a letter to the court reporting on the status of the settlement discussions by December 13. (Vasquez, Lea)
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Filing 1071
Minute Entry for proceedings held before Senior Judge Nina Gershon:Pre Motion Conference held on 12/1/2010. Counsel for parties present. Pre motion conference and oral argument hearing held. At the outset the court noted the absence, on consent of plaintiff, of defendants Laufer and Lipovsky's counsel. The court then obtained the current settlement status among the parties, with plaintiff noting that certain additional settlements were likely. In light of the pending settlement, the severance motion is deemed as moot. The clerk is directed to terminate the pending motion on ECF. The court then heard arguments regarding plaintiffs motion for case terminating sanctions against defendant Kagan. The court instructed the parties that it will reserve judgment until defendant Kagan's deposition is complete. Plaintiff was directed to file with the court a summary of the deposition proceedings. The court directed Jacob Kagan's counsel to file his request to charge on ECF. Finally, the court stated that after defendant Kagan's deposition, and after the court's ruling on the motion for sanctions, another conference would be held as early as possible in January in order to reevaluate the status of the remaining parties and to potentially set a trial date. (Court Reporter Victoria Torres-Butler.) (Fernandez, Erica)
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Filing 1068
Letter to Judge Gershon Requesting To Be Excused From Court Appearance by German Laufer, Eleanor Lipovsky, Milan Medical P.C., Palermo Medical, PC (Furman, Mark)
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Minute Entry for Settlement Conference held on 12/1/2010 before Chief Magistrate Judge Steven M. Gold: Silverman and Marks for plaintiff; Melamed for defendant Victoria Kagan; I. Vetoukh, S. Vitukhnovskiy and M. Vitukhnovskaya, all pro se. Settlement discussions held. No settlements can be reached at this time. The parties are encouraged to contact my chambers if they believe a further settlement conference might be productive. (Vasquez, Lea)
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Filing 1067
Letter to Honorable Nina Gershon responding to 11/24/10 letter filed by defendants Jacob Kagan and Mirka United, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Marks, Jonathan)
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Filing 1066
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE FOR DEFENDANTS VLADIMIR NABUTOVSKY AND AL MEDICAL AND SURGICAL SUPPLY, INC. by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1065
RESPONSE to Motion re #1048 MOTION in Limine to Preclude Criminal Conviction filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Affidavit of L Johnson, #2 Exhibit 2 - 2007-09-24 Kagan Lipovsky Indictment, #3 Exhibit 3 - Affidavit of John...Support of Search Warrant, #4 Exhibit 4 - 2010-01-22 Kagan Plea Minutes, #5 Exhibit 5 - 2006-01-18 Kagan Guilty Plea) (Marks, Jonathan)
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Filing 1064
Letter Requesting Pre Motion Conference to file Motion for contempt and sanctions by Jacob Kagan, Mirka United, Inc. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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Filing 1063
ORDER re #962 ; Upon careful review of plaintiffs motion, and after consideration of the relevant factors, plaintiff's motion for a writ of habeas corpus ad testificandum is DENIED. Plaintiffs request for a videotaped deposition, however, is GRANTED. Defendant Kagan has failed to file any response to plaintiffs motion, despite two extensions of time to do so, and therefore plaintiff may, in accordance with the conditions set by the Mt. McGregor Correctional Facility ("Correctional Facility"), take the videotaped deposition of defendant Kagan. Plaintiff is also directed to provide for the stenographic recording of the videotaped deposition. (see order for further details). Ordered by Senior Judge Nina Gershon on 11/23/2010. (Fernandez, Erica)
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Minute Entry for Telephone Conference held on 11/23/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Rubin for Khalovsky defendants. The court will hold a SETTLEMENT CONFERENCE AT 12 NOON ON DECEMBER 2, 2010. (Vasquez, Lea)
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Filing 1062
REPLY in Support re #975 Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 10/13/10 Hearing Transcript, #3 Exhibit 2 - 9/28/10 Letter from Mark To Hayes, #4 Exhibit 3 - 9/28/10 E-Mail from Hayes to Marks, #5 Exhibit 4 - 9/30/10 E-Mail from Marks to Hayes, #6 Exhibit 5 - Certificate of Service and FedEx Delivery Confirmation, #7 Exhibit 6 - 11/1/10 E-mail from Hayes to Marks, #8 Exhibit 7 - 11/1/10 E-Mail from Hayes to Marks, #9 Exhibit 8 - 11/2/10 Letter to Edward Hayes, #10 Exhibit 9 - 11/2/10 E-Mail from Hayes to Marks, #11 Exhibit 10 - 11/3/10 E-Mail from Hayes to Marks, #12 Exhibit 11 - 7/15/09 Letter from Hayes, #13 Exhibit 12 - 7/20/09 Faxed Letter from Rosenberg to Katten, #14 Exhibit 13 - 9/22/10 Criminal Hearing Transcript) (Marks, Jonathan)
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Filing 1060
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Recommendation of Magistrate Judge Steven M. Gold, dated March 22, 2010, is hereby adopted in its entirety. No objection to Judge Gold's recommendation was received. Defendant Arbov is hereby adjudged to be in default, and damages will be determined at a laterstage in the proceedings. Ordered by Senior Judge Nina Gershon on 11/17/2010. (fwd for judgment) (Fernandez, Erica)
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Filing 1059
ORDER re #757 MOTION for Default Judgment as to defendants Model Supply, Inc. and Bohdar Vasechko; and Request For Calculation of Damages; On July 2, 2009, the court had granted plaintiff's motion for default judgment against defendants, but determined that an inquest into damages would occur at a later stage in the proceedings. Plaintiff's motion is therefore DENIED, as it remains premature. Ordered by Senior Judge Nina Gershon on 11/17/2010. (Fernandez, Erica)
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SCHEDULING ORDER: re #1056 Letter filed by State Farm Mutual Automobile Insurance Company. The court will hold a settlement conference at 10:00 a.m. on December 1, 2010 with plaintiff, I. Vetoukh, S. Vitukhnovskiy and M. Vitukhnovskaya, all pro se. The defendants are encouraged to bring with them to the conference someone who can translate for them. State Farm is directed to notify the pro se defendants forthwith of the date and time of the settlement conference. Ordered by Chief Magistrate Steven M. Gold on 11/18/2010. (O'Connor, Erin)
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Filing 1058
AFFIDAVIT/DECLARATION in Opposition re #975 Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) filed by Edward W. Hayes. (Hayes, Edward)
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Filing 1057
RESPONSE in Opposition re #975 Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) filed by Jacob Kagan. (Rosenberg, Bruce)
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Filing 1056
Letter regarding status of settlement conference. by State Farm Mutual Automobile Insurance Company (Silverman, Ross)
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Filing 1055
Letter to Judge Gershon by OAG (MacKechnie, Roseann)
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Minute Entry for Telephone Conference held on 11/16/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Rubin for defendant. Counsel report that they continue to exchange information and discuss settlement. A FURTHER TELEPHONE CONFERENCE, ARRANGED BY COUNSEL FOR PLAINTIFF, WILL BE HELD AT 12:30 PM ON NOVEMBER 23, 2010. (Vasquez, Lea)
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Filing 1053
Stipulation and Order Dismissing Parties A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc. Ordered by Senior Judge Nina Gershon on 11/8/2010. (Fernandez, Erica)
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Filing 1052
Stipulation and Order Dismissing Party Alec Palmer re #1012 .. Ordered by Senior Judge Nina Gershon on 10/20/10. (Fernandez, Erica)
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Filing 1051
STATUS REPORT of Parties' Conference Regarding State Farm's Motion for Writ of Habeas Corpus Ad Testificandum and State Farm's Supplemental Authority on the Issue by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Marks, Jonathan)
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Filing 1050
Proposed Pretrial Order (Amended Joint) by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1- SF Deposition Designations, #2 Exhibit 2 - State Farm Trial Exhibit List, #3 Exhibit 3 - Kagan, Nabutovsky, AL Medical and Mirka United Exhibit List, #4 Exhibit 4 - Clinic Defendants Exhibit List, #5 Exhibit 5 - State Farm's Statement of Acutal Damages) (Marks, Jonathan)
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Filing 1049
Proposed Jury Instructions by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 1048
MOTION in Limine to Preclude Criminal Conviction by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1047
RESPONSE in Opposition re #1008 MOTION in Limine to Allow Introduction into Evidence the Affidavit of Defendant Semion Grafman filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1046
RESPONSE in Opposition re #1007 MOTION in Limine to Limit Evidence and Argument Regarding Medata and Ingenix filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1045
RESPONSE in Opposition re #1006 MOTION in Limine to Preclude Argument that Special Investigation Unit Team Members are not Properly Licensed or Educated and Motion in Limine to preclude any evidence or argument with regard to any investigation conducted by unlicnesed state farm "SIU" investigators filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1044
RESPONSE in Opposition re #1005 MOTION in Limine to Preclude Certain Affirmative Defenses in the Pretrial Order filed by Jacob Kagan, Mirka United, Inc.. (Attachments: #1 Exhibit Answer) (Rosenberg, Bruce)
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Filing 1043
RESPONSE in Opposition re #1004 MOTION in Limine to Preclude Evidence of Unrelated Litigation and Matters filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1042
RESPONSE in Opposition re #1003 MOTION in Limine to Preclude any Evidence Related to State Farm Executive Susan Hood filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1041
RESPONSE in Opposition re #1002 MOTION in Limine to Preclude Argument that State Farm has no Fulfilled its Discovery Obligations and Motion In Limine to Preclude Evidience which State Farm has not disclosed filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1040
RESPONSE in Opposition re #1001 MOTION in Limine to Preclude Argument That State Farm was not Proximately Injured by Defendants' Conduct because Actual Victims are Insureds and Citizens of New York, or because State Farm had Reinsurance filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1039
RESPONSE in Opposition re #1000 MOTION in Limine to Preclude Evidence of Settlements with Former Defendants and Request for Preliminary Instructions Regarding Same filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 1038
Stipulation and Order Dismissing Parties with Prejudice: Party Galina Leykind, Laura Leykind, and Steven Leykind are terminated. Ordered by Senior Judge Nina Gershon on 10/26/10. (Fernandez, Erica)
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Minute Entry for Telephone Conference held on 11/9/2010 before Chief Magistrate Judge Steven M. Gold: Silverman for Plaintiff, Rubin for Khalavsky defendants. Counsel report that they are in the midst of productive settlement discussions. A further telephone conference, arranged by counsel for plaintiff, will be held at 9:45 a.m. on November 16. (Vasquez, Lea)
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Filing 1037
ORDER regarding the OAG's offer to produce certain wiretap materials. Ordered by Senior Judge Nina Gershon on 11/9/2010. (Wilson, Ryan)
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Filing 1036
Letter to Judge Gold by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Silverman, Ross)
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Filing 1035
Letter regarding procedure for production of wiretap evidence in possession of Jacob Kagan by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1034
STIPULATION of Dismissal and Order with Prejudice for Defendants Artur Klotsman, Yacov Moin, Dmitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd, and YAD Trading & Services, Inc. by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1033
Letter re: OAG's letter Doc#1028 by Jacob Kagan (Rosenberg, Bruce)
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Filing 1032
ORDER directing the parties to confer regarding plaintiff's motion for habeas corpus ad testificandum. Ordered by Senior Judge Nina Gershon on 11/4/2010. (Wilson, Ryan)
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Filing 1031
ORDER directing parties to respond to the November 4, 2010 letter from the Office of the Attorney General. Ordered by Senior Judge Nina Gershon on 11/4/2010. (Wilson, Ryan)
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Filing 1030
ORDER denying #961 Motion for Bond; Plaintiff State Farm has moved, under Local Civil Rule 54.2, against defendant Kagan to secure a bond for attorney's fees and costs, which it would be entitled to if it is successful on itsclaims under the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 et. seq. After careful consideration of both plaintiff's and defendant Kagan's arguments, plaintiff's motion is DENIED. Ordered by Senior Judge Nina Gershon on 11/4/2010. (Fernandez, Erica)
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Filing 1029
ORDER granting #1021 Motion for Extension of Time to File Response/Reply; defendant Kagan's response is now due November 17, 2010. With regard to defendant's request for "guidance on how to handle the issues with the wire tap tapes," defendant Kagan is directed to comply with the court's October 15, 2010 Order. In response to the letter to the court from defendant Kagan's criminal attorney, Edward Hayes, Esq., regarding the motion for sanctions and seeking the opportunity to respond, he may serve and file a response by the same date, November 17, 2010. Ordered by Senior Judge Nina Gershon on 11/4/2010. (Fernandez, Erica)
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Filing 1028
Letter to Judge Gershon by NYS OAG (MacKechnie, Roseann)
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Filing 1027
TRANSCRIPT of Proceedings held on 10/27/10, before Judge Gershon. Court Transcriber TRANSCRIPTION PLUS II, Telephone number 516-358-7352. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2010. Redacted Transcript Deadline set for 12/6/2010. Release of Transcript Restriction set for 2/1/2011. (Hong, Loan)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Settlement Conference held on 11/3/2010. Silverman for plaintiff; Furman with Laufer; I. Vetoukh, S. Vitukhnovskiy and M. Vitukhnovskaya, all pro se. Settlement discussions held. State Farm will submit a status report on its settlement negotiations with I. Vetoukh by November 12, 2010 and a status report on its negotiations with Laufer and the Vitukhnovskayas by November 8, 2010. (O'Connor, Erin)
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SCHEDULING ORDER: The court will hold a telephone conference with plaintiff and counsel for the Khalavskys at 10:00 a.m. on November 9, 2010. Counsel for plaintiff is directed to arrange the call. Ordered by Chief Magistrate Steven M. Gold on 11/3/2010. (O'Connor, Erin)
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Filing 1026
RESPONSE to Motion re #975 Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) filed by Jacob Kagan. (Hayes, Edward)
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Minute Entry for Settlement Conference held on 10/28/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Furman for Laufer. Dr. Laeufer present. Settlement discussions held. The parties are encouraged to continue the negotiations held today, to return to court on November 3 at 2 pm if they believe it might be productive, and to contact the court to schedule a later settlement conference date if they are unable to move forward on November 3. (Vasquez, Lea)
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Filing 1025
Mail Returned as Undeliverable. Mail sent to Galina Leykind, P.O. Box 40173, Staten Island, NY 10304. Notation on envelope: "Return to Sender. Vacant. Unable to Forward." (Manuel, Germaine)
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Filing 1024
Mail Returned as Undeliverable. Mail sent to Lara Leykind, P.O. Box 40173, Staten Island, NY 10304. Notation on envelope: "Return to Sender. Vacant. Unable to Forward." (Manuel, Germaine)
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Filing 1023
Mail Returned as Undeliverable. Mail sent to Steven Leykind, P.O. Box 40173, Staten Island, NY 10304. Notation on envelope: "Return to Sender. Vacant. Unable to Forward." (Manuel, Germaine)
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Filing 1022
Mail Returned as Undeliverable. Mail sent to Steven, Lara, Galina Leykind, P.O. Box 40173, Staten Island, NY 10304. Notation on envelope: "Return to Sender. Vacant. Unable to Forward." (Manuel, Germaine)
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Filing 1021
MOTION for Extension of Time to File Response/Reply Motion for Sanction and Default Judgment by Jacob Kagan. (Rosenberg, Bruce)
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ORDER re #1020 : Plaintiff's application to extend deadlines by one week is granted. Ordered by Chief Magistrate Steven M. Gold on 11/1/2010. (O'Connor, Erin)
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Filing 1020
Letter to Judge Gold by State Farm Mutual Automobile Insurance Company (Josephson, Kathy)
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Filing 1019
Proposed Pretrial Order of Defendant,Victoria Kagan by Victoria Kagan (Melamed, Abraham)
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Minute Entry for Final Pretrial Conference held on 10/27/2010 before Chief Magistrate Steven M. Gold: Silverman, Marks & Josephson for plaintiff; Rosenberg for J. Kagan and Nabutovsky et al.; Melamed & Antar for V. Kagan; Mines for Khalavskys et al.; Furman for Laufer and Lipovsky, et al.; I. Vetoukh, S. Vitukhnovskiy and M. Vitukhnovskaya, all present, pro se. The court noted that no party submitted a letter indicating its intent to pursue cross- or counter-claims within the time permitted by Judge Gershon, and that all such claims are therefore deemed abandoned. With respect to the pre-trial order, V. Kagan shall file her portion by November 1, 2010; pro se defendants shall file their portion by November 3, 2010. The Khalavsky defendants state that they do not intend to submit a pretrial order and thereby waive their right to present any exhibits and witnesses, other than themselves, at trial or to object to documents listed by other parties in their pretrial order portions. The parties shall provide copies of all of the exhibits they intend to offer at trial, pre-marked, to all other parties November 3, 2010. Defendants shall file any motions in limine and respond to plaintiff's motions in limine by November 10, 2010; plaintiff may file any opposition to defendants' motions in limine by November 24, 2010. The court will hold a settlement conference with the pro se defendants at 2:00 p.m. on November 3, 2010. The pro se defendants are encouraged to bring with them to the conference someone who can translate for them. (Tape #FTR: 2:36 - 3:20.) (Vasquez, Lea)
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Filing 1054
Minute Entry for proceedings held before Senior Judge Nina Gershon:Status/Motion Hearing held on 10/27/2010; Counsel for parties present. The court reminded the parties to adhere to the dates discussed at the immediately preceding status conference with Magistrate Judge Gold. The parties then open issues to be resolved before trial, and instructed certain parties to indicate to the court whether they would be proceeding to trial. The court then set a December 1 date for all parties who are participating at trial to return and discuss resolution of all pretrial issues, as well as set a prompt trial date. Status Conference set for 12/1/2010 at 02:30 PM in Courtroom 6D South before Senior Judge Nina Gershon. (Fernandez, Erica)
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Filing 1018
STIPULATION of Dismissal with Prejudice for Defendant Larisa Klochkov by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1017
STIPULATION and Order of Dismissal with Prejudice for Defendants Galina Leykind, Lara Leykind and Steven Leykind and Dismissal of any Counterclaims against State Farm by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1016
Letter to Honorable Steven M. Gold by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 1015
Proposed Pretrial Order ( Joint ) by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1 - SF Deposition Designations, #2 Exhibit 2 - State Farm Trial Exhibit List, #3 Exhibit 3 - Kagan, Nabutovsky, AL Medical and Mirka United Exhibit List, #4 Exhibit 4 - Clinic Defendants Exhibit List) (Marks, Jonathan)
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Filing 1014
Letter Seeking Settlement Conference by German Laufer, Milan Medical P.C. (Furman, Mark)
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Filing 1013
ORDER setting status conference for October 27, 2010 at 4 p.m. in courtroom 6D south. All parties asserting any claim must attend. See Order for details and pre-conference obligations.. Ordered by Senior Judge Nina Gershon on 10/19/2010. (Wilson, Ryan)
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Filing 1012
STIPULATION and Order of Dismissal with Prejudice for Defendant Alec Palmer by State Farm Mutual Automobile Insurance Company (Attachments: #1 Stipulation and Order of Dismissal with Prejudice, #2 Exhibit 1 - Non-Dischargeable Order in favor of State Farm and against Alec Palmer) (Marks, Jonathan)
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Filing 1011
Letter to Magistrate Judge Gold re Extension to File Responses by German Laufer (Furman, Mark)
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Filing 1010
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 22, 2010, before Judge Cogan. Court Reporter/Transcriber Burt Sulzer, Telephone number 18 613-2481. Email address: bsulzer@aol.com. 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 11/8/2010. Redacted Transcript Deadline set for 11/18/2010. Release of Transcript Restriction set for 1/17/2011. (Sulzer, Burt)
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Filing 1009
MOTION for Extension of Time to File re PreTrial Order & Pre Trial Motions by Al Medical and Surgical Supply, Inc., Jacob Kagan, Mirka United, Inc., Vladimir Nabutovsky. (Rosenberg, Bruce)
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Filing 1008
MOTION in Limine to Allow Introduction into Evidence the Affidavit of Defendant Semion Grafman by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Grafman Affidavit, #2 Exhibit 2 - 3.18.2009 Depostion Notice, #3 Exhibit 3 - 3.18.2009 Deposition of Grafman, #4 Exhibit 4 - 10.8.10 Letter from Marks to Cardenas, #5 Exhibit 5 - Savransky Affidavit, #6 Exhibit 6 - 7.1.2008 Deposition of Nabutovsky, #7 Certificate of Service) (Marks, Jonathan)
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Filing 1007
MOTION in Limine to Limit Evidence and Argument Regarding Medata and Ingenix by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Certificate of Service) (Marks, Jonathan)
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Filing 1006
MOTION in Limine to Preclude Argument that Special Investigation Unit Team Members are not Properly Licensed or Educated by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Marks, Jonathan)
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Filing 1005
MOTION in Limine to Preclude Certain Affirmative Defenses in the Pretrial Order by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Kagan, Nabutovsky, AL Medical, Mirka PTO, #2 Exhibit 2 - Defendant Trial Ex., #3 Exhibit 3 - Defendant Trial Ex., #4 Exhibit 4 - Defendant Trial Ex., #5 Exhibit 5 - Defendant Trial Ex., #6 Certificate of Service) (Marks, Jonathan)
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Filing 1004
MOTION in Limine to Preclude Evidence of Unrelated Litigation and Matters by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Defendants Trial Exhibit, #2 Exhibit 2 - Defendants Trial Exhibit) (Marks, Jonathan)
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Filing 1003
MOTION in Limine to Preclude any Evidence Related to State Farm Executive Susan Hood by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - 9.23.08 Hearing Transcript) (Marks, Jonathan)
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Filing 1002
MOTION in Limine to Preclude Argument that State Farm has no Fulfilled its Discovery Obligations by State Farm Mutual Automobile Insurance Company. (Marks, Jonathan)
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Filing 1001
MOTION in Limine to Preclude Argument That State Farm was not Proximately Injured by Defendants' Conduct because Actual Victims are Insureds and Citizens of New York, or because State Farm had Reinsurance by State Farm Mutual Automobile Insurance Company. (Marks, Jonathan)
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Filing 1000
MOTION in Limine to Preclude Evidence of Settlements with Former Defendants and Request for Preliminary Instructions Regarding Same by State Farm Mutual Automobile Insurance Company. (Marks, Jonathan)
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Filing 999
Proposed Jury Instructions by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 998
Letter by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 997
ORDER denying #973 Motion for Reconsideration; Defendant Kagan is now directed immediately to turn over to State Farm any wiretap recording or transcript in his or his attorney's possession containing a conversation that is either expressly quoted or in any way described in either the Luke Johnson Affidavit in Support of Search Warrants or the Luke Johnson Affidavit in Support of Plaintiff's Application for Ex Parte Order of Attachment. Defendant must produce to plaintiff the entirety of any such conversation, and not merely the specific portion quoted or described in the affidavits. The protective order previously entered will remain in effect regarding these materials. Ordered by Senior Judge Nina Gershon on 10/15/2010. (Fernandez, Erica)
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Filing 996
Letter Responding to Judge Gold's Request Pursuant to his Instructions to Notify him re: settlement Conference by Victoria Kagan (Melamed, Abraham)
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Minute Entry for Status Conference held on 10/13/2010 before Chief Magistrate Judge Steven M. Gold: Marks & Silverman for plaintiff; Rosenberg (with Nabutovsky) for Nabutovsky and AL Medical. The court will hold a settlement conference with Nabutovsky following the conference already scheduled for October 27th and continuing, if necessary, on October 28th at 11:00 a.m. (Vasquez, Lea)
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ORDER: The pre-trial conference previously set for 2:30 p.m. on October 27, 2010 will proceed as scheduled. ALL PARTIES INTENDING TO PROCEED TO TRIAL MUST ATTEND ON PAIN OF SANCTION. The court notes from Docket Entry 985 that plaintiff anticipates that defendants Nabutovsky and AL Medical (represented by Mr. Rosenberg), Mirka and Jacob Kagan (represented by Mr. Rosenberg), Victoria Kagan (represented by Mr. Melamed), Laufer and Milan Medical (represented by Mr. Furman) and Robert and Margarita Khalavsky and Graham and Horizon (represented by Mr. Rubin) are expected to proceed to trial, as are pro se defendants Mariya Vitukhnovskaya, Semen Vitukhnovskiy, and Igor Vetoukh. These defendants shall submit a letter to the court no later than October 20, 2010 indicating whether or not they seek a settlement conference and, if so, whether they seek one with the court or a mediator selected with the assistance of the court's ADR administrator. Plaintiff shall promptly serve a copy of this Order on the pro se defendants named above at their last known addresses and file proof of service with the Court. Ordered by Chief Magistrate Steven M. Gold on 10/14/2010. (O'Connor, Erin)
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Filing 1061
Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Status Conference/Motion Hearing held on 10/13/2010: All parties present, including a representative from the New York Attorney General's Office. The parties discussed briefly the pending motion for reconsideration of the court's previous production order. After hearing comments, the motion was denied, although the court reserved the right to narrow the original production order in light of plaintiffs narrowed request for production. The parties also discussed several other open issues, including a motion for sanctions against defendant Kagan, the pending motions for summary judgment, filed by plaintiff and by defendant Nabutovsky, and certain issues regarding the upcoming November 29 trial date. The court also notified plaintiff that in light of an anticipated conference being held by Magistrate Judge Gold, plaintiffs motion for default sanctions for failure to participate in the pretrial order would be held in abeyance. (Court Reporter Burt Sulzer.) (Fernandez, Erica)
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Filing 995
CONSENT JUDGMENT directing that Final judgment is hereby entered in favor of State Farm and against defendants Schultz, Tristate, GQP and Unique, jointly and severally, in the total amount of One Million Five Hundred Thousand Dollars ($1,500,000); Declaratory Judgment with respect to the First Claim for Relief of the First Amended Complaint is hereby entered that Tristate AJA Sergical Supply, Inc. is not entitled to collect No-Fault Benefits for any charges which it has submitted to State Farm which have not been paid; This Judgment constitutes the complete and final adjudication of liability of Schultz, Tristate, GQP and Unique in this action, and the adjudication of claims pleaded or which could have been pleaded in this case are merged herein, with no right of appeal. Ordered by Senior Judge Nina Gershon on 10/13/2010. (Fernandez, Erica)
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Filing 994
CONSENT JUDGMENT directing that Final judgment is hereby entered in favor of State Farm and against defendants Grafman, GQP and Unique, jointly and severally, in the total amount of One Million Five Hundred Thousand Dollars ($1,500,000); This Judgment constitutes the complete and final adjudication of liability of Grafman, GQP and Unique in this action, and the adjudication of claims pleaded or which could have been pleaded in this case are merged herein, with no right of appeal. Ordered by Senior Judge Nina Gershon on 10/13/2010. (Fernandez, Erica)
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Filing 993
NOTICE of Appearance by Aaron M. Goldsmith on behalf of Jacob Kagan (aty to be noticed) (Goldsmith, Aaron)
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Filing 992
Joint MOTION to Approve Consent Judgment Order Against Semion Grafman and His Entities by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Order) (Josephson, Kathy)
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Filing 991
Joint MOTION to Approve Consent Judgment Order Against Andrei Shultz and His Entities by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Order) (Marks, Jonathan)
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Filing 990
REPLY in Opposition re #986 Affidavit of Office of Attorney General filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Excerpts from transcript) (Marks, Jonathan)
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Filing 989
NOTICE by State Farm Mutual Automobile Insurance Company (Notice of Withdrawal of Motion for Default Judgment as a Sanction for Failure to Participate in the Preparation of the Pretrial Order as it Pertains to Defendant Jacob Kagan) REPLACING NOTICE #987 FILED IN ERROR (Marks, Jonathan)
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Filing 988
RESPONSE in Opposition re #961 MOTION for Bond (Security) and Prejudgment Attachment From Kagan Through Judgment MOTION for Bond (Security) and Prejudgment Attachment From Kagan Through Judgment MOTION for Bond (Security) and Prejudgment Attachment From Kagan Through Judgment MOTION for Bond (Security) and Prejudgment Attachment From Kagan Through Judgment filed by Jacob Kagan. (Attachments: #1 Exhibit a, #2 Exhibit b) (Rosenberg, Bruce)
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Filing 987
NOTICE by State Farm Mutual Automobile Insurance Company re #975 Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions)Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) (Notice of Withdrawal of Motion #975 (Marks, Jonathan)
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Filing 986
AFFIDAVIT/AFFIRMATION of AAG Swenton by NYS OAG (MacKechnie, Roseann)
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Filing 985
STATUS REPORT by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 983
CERTIFICATE OF SERVICE by State Farm Mutual Automobile Insurance Company re #979 Stipulation of Dismissal (Marks, Jonathan)
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Filing 982
Notice of MOTION for Default Judgment as to (981) by State Farm Mutual Automobile Insurance Company. Responses due by 10/14/2010 (Marks, Jonathan)
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Filing 981
MOTION for Default Judgment as to (as a Sanction for Failure to Participate in the Preparation of the Pretrial Order) by State Farm Mutual Automobile Insurance Company. Responses due by 10/14/2010 (Attachments: #1 Exhibit 1 - Default JPO) (Marks, Jonathan)
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Filing 980
NOTICE of Voluntary Dismissal by State Farm Mutual Automobile Insurance Company in re #979 (Marks, Jonathan)
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Filing 979
STIPULATION of Dismissal (Motion for Dismissal with Prejudice for Defendant Alec Palmer) by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1 - Palmer Dismissal) (Marks, Jonathan)
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Filing 978
RESPONSE to Motion re #973 MOTION for Reconsideration re #968 Order, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1- 2008/09/10 Order, #2 Exhibit 2- Hearing Transcript (Relevant Portions)) (Marks, Jonathan)
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Filing 977
ORDER directing counsel for plaintiff State Farm and defendants Jacob Kagan and Vladimir Nabutovsky to appear before the court on October 13, 2010, at 2 p.m. See Order for details. Ordered by Senior Judge Nina Gershon on 10/7/2010. (Wilson, Ryan)
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RE-SCHEDULING ORDER re #977 Order: In light of Judge Gershons scheduling Order setting an in-person conference for October 13th, the telephone conference scheduled for 12:30 p.m. on the same date will instead be held in-person at immediately following Judge Gershons conference. Counsel are directed to report to Courtroom 13-D South upon conclusion of Judge Gershons conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/7/2010. (Vasquez, Lea)
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SCHEDULING ORDER re #974 Letter filed by Vladimir Nabutovsky: A telephone conference for scheduling purposes only will be held at 12:30 p.m. on October 13, 2010 with counsel for plaintiff and counsel for defendant Nabutovsky only. Counsel for defendant is directed to arrange the call with all parties as well as confirm this conference date and time with plaintiff's counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/6/2010. (Vasquez, Lea)
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Filing 976
Notice of MOTION for Sanctions #975 before Honorable Nina Gershon by State Farm Mutual Automobile Insurance Company. (Josephson, Kathy)
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Filing 975
Emergency MOTION for Sanctions Against Jacob Kagan, Mirka United and Milan Medical (Case Terminating Sanctions) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhiibits, #2 Exhibit 1 - Affidavit of L. Johnson, #3 Exhibit 2 - Indictment of Jacob Kagan dated 9/24/2007, #4 Exhibit 3 - Affidavit of Johnson in Support of Search Warrant, #5 Exhibit 4 - 2008.09.10 Order, #6 Exhibit 5 - 2010.01.22 Kagan Plea Minutes, #7 Exhibit 6 - 2006.01.18 Kagan Guilty Plea, #8 Exhibit 7 - 2009.04.30 Letter to Rosenberg, #9 Exhibit 8 - 2009.07.01 Hearing Transcript (pgs.10-17), #10 Exhibit 9 - 2009.07.14 Letter from Katten to Rosenberg, #11 Exhibit 10 - 2009.07.20 Letter from Rosenberg to Katten Enclosing Hayes Letter, #12 Exhibit 11 - 2010.03.18 - Hearing Transcript Cover Page, #13 Exhibit 12 - 2010.09.22 - Criminal Hearing Transcript (pgs. 13-20), #14 Exhibit 13 - 2010.09.23 Letter from Marks to Rosenberg, #15 Exhibit 14 - 2010.09.24 Letter from Marks to Hayes, #16 Exhibit 15 - 2010.09.28 Letter from Mark to Hayes, #17 Exhibit 16 - 2010.09.28 Email from Hayes to Marks, #18 Exhibit 17 - 2007.11.09 - Hearing Transcript page 7-12, #19 Exhibit 18 - 2010.09.30 Email from Marks to Hayes, #20 Exhibit 19 - 2006.11.21 Search Warrant, #21 Exhibit 20 - 2006.12.06 Kagan complaint against OAG, #22 Exhibit 21 - 2007.01.04 Hearing Transcript, #23 Exhibit 22 - 2009.02.06 Letter from Shapiro to Stavis, #24 Exhibit 23 - 2009.02.11 - Hearing Transcript Cover Page, #25 Exhibit 24 - 2009.03.11 Letter from Shapiro to Rosenberg, #26 Exhibit 25 - 2009.03.26 Letter from Shapiro to Rosenberg, #27 Exhibit 26 - 2009.04.06 - Hearing Transcript, #28 Exhibit 27 - 2010.03.18 Hearing Transcript, #29 Exhibit 28 - 5.23.2006 Hearing Transcript, #30 Exhibit 29 - 2008.01.18 - Hearing Transcript Cover Page, #31 Exhibit 30 - V. Kagan Closing Docuent dated 6/15/2010, #32 Exhibit 31 - 2008.04.09 Hearing Transcript, #33 Exhibit 32 - 2008.06.25 Hearing Transcript, #34 Exhibit 33 - 2006.04.11 Hearing Transcript, #35 Exhibit 34 - 2006.06.14 Hearing Transcript, #36 Exhibit 35 - 2008.11.17 Hearing Transcript, #37 Exhibit 36 - 2009.11.03 Hearing Transcript) (Josephson, Kathy)
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Filing 974
Letter requesting conference by Vladimir Nabutovsky (Rosenberg, Bruce)
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Filing 973
MOTION for Reconsideration re #968 Order, by Jacob Kagan. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Rosenberg, Bruce)
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Filing 972
NOTICE by State Farm Mutual Automobile Insurance Company NOTICE OF FILING OF BOND with copy of Bond (Shapiro, Jay)
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Filing 971
PROTECTIVE ORDER CONCERNING TAPED RECORDINGS endorsed on doc #969 . Ordered by Senior Judge Nina Gershon on 9/30/2010. (Fernandez, Erica)
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Filing 970
Letter to Judge Gershon in opposition to State Farm's Proposed protective order concerning taped recordings by Jacob Kagan (Rosenberg, Bruce)
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ENDORSED ORDER ON DOC. #965, That by and between the undersigned, attorneys of record for pltff State Farm Mutual Automobile Insurance Company ("State Farm") and defts Douglas Spiel and Albatros Medical PC (Collectively, the "Spiel Defts") that, pursuant to FRCP 41(a)(2): (1) State Farm's claims against the Spiel Defts are hereby voluntarily dismissed with prejudice; (2) Nothing in this Stipulation shall be construed to affect the claims of State Farm against any other parties to the above captioned action, which claims shall survive and continue beyond this dismissal. (So Ordered by Senior Judge Nina Gershon on 9/24/2010) c/m by chambers. (Galeano, Sonia)
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Filing 969
Letter to Honorable Nina Gershon by State Farm Mutual Automobile Insurance Company (Attachments: #1 Proposed Protective Order) (Marks, Jonathan)
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Filing 968
ORDER: In accordance with the September 22, 2010 hearing,and for the reasons stated on the record on that date, plaintiff's motion is GRANTED, and defendant Kagan is hereby ordered immediately to turn over to State Farm all wiretap recordings and/or transcripts in his or his attorney's possession. State Farm is directed to submit a protective order regarding these materials, as discussed at the hearing. Ordered by Senior Judge Nina Gershon on 9/24/2010. (Fernandez, Erica)
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Filing 967
ORDER: Pursuant to Federal Rule of Civil Procedure 64, and New York Civil Practice Law and Rules ("CPLR") 6201, and in accordance with the Memorandum & Order of September 24, 2010, Defendant Jacob Kagan, a/k/a Yacov Kagan, is hereby prohibited from selling, transferring, or in any way encumbering his properties at 601 Surf Avenue, Apartment 15N, Brooklyn, NY 11224 and 3 Esmac Court, Staten Island, NY 10304. Ordered by Senior Judge Nina Gershon on 9/24/2010. (Fernandez, Erica)
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Filing 966
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS RE #931 ; plaintiff's entitlement to protection of Kagan's assets to assure that any judgment it obtains can be enforced is well-established. Judge Gold's recommendation is therefore adopted, and plaintiff's application for an attachment is GRANTED. Defendant Kagan is therefore prohibited from selling, transferring, or in any way encumbering his properties at 601 Surf Avenue, Apartment 15N, Brooklyn, NY 11224 and 3 Esmac Court, Staten Island, NY 10304. Also, pursuant to CPLR 6212(b), Plaintiff State Farm is hereby ordered to provide an undertaking in the amount of $500 by October 1, 2010. Ordered by Senior Judge Nina Gershon on 9/24/2010. (Fernandez, Erica)
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Filing 984
Minute Entry for proceedings held before Senior Judge Nina Gershon:Motion Hearing held on 9/22/2010 (Court Reporter Burt Sulzer.) (Greene, Donna)
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Filing 965
STIPULATION of Dismissal And Proposed Order As To Defendants Douglas Spiel and Albatros Medical PC, filed by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 964
ORDER denying #867 and #908 Motions for Summary Judgment; In their motion for summary judgment, defendants raise principally legal arguments that were previously rejected in this court's September 21, 2009 denial of their motion to dismiss. The defendants' remaining arguments regarding statute of limitations, reliance, and damages all raise issues of material fact inappropriate for resolution on summary judgment. Defendants' motionis therefore DENIED. Ordered by Senior Judge Nina Gershon on 9/21/2010. (Fernandez, Erica)
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Filing 963
ORDER denying #904 Motion for Summary Judgment; In their motion for summary judgment, defendants raise principally legal arguments that were previously rejected in this court's September 21, 2009 denial of their motion for judgment on the pleadings. The defendants' remaining arguments regarding reliance and damages both raise issues of material fact inappropriate for resolution on summary judgment. Defendants' motion is therefore DENIED. Ordered by Senior Judge Nina Gershon on 9/21/2010. (Fernandez, Erica)
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Filing 962
MOTION for Writ of Habeas Corpus ad testificandum to secure trial testimony of Jacob Kagan by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Inmate Information) (Marks, Jonathan)
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Filing 961
MOTION for Bond (Security) and Prejudgment Attachment From Kagan Through Judgment by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Notice of Motion, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23 part 1, #26 Exhibit 23 part 2, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28) (Marks, Jonathan)
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Filing 960
ORDER The parties are directed to appear before the court on September 22, 2010, at 11:30. See attached Order for further details. Ordered by Senior Judge Nina Gershon on 9/15/2010. (Wilson, Ryan)
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ORDER: By letter dated September 10, 2010, filed ex parte and under seal, defendant Lipovsky seeks to stay her deposition until November 1, 2010. Based on the information in her letter, her application is GRANTED. Ordered by Chief Magistrate Steven M. Gold on 9/15/2010. (O'Connor, Erin)
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Filing 959
Letter is further support of request for pre-motion conference by German Laufer, Milan Medical P.C. (Furman, Mark)
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Filing 958
REPLY in Support of request for Pre Motion Conference to Renew Motion to Sever filed by YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 957
Letter from J. Marks to Judge Gershon by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 956
NOTICE of Appearance by Kathy P. Josephson on behalf of State Farm Mutual Automobile Insurance Company (aty to be noticed) (Josephson, Kathy)
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ORDER granting #948 Motion for Extension of Time to File. Ordered by Chief Magistrate Steven M. Gold on 8/20/2010. (O'Connor, Erin)
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Filing 955
Letter To Judge Gershon Requesting Pre-Motion Conference by German Laufer (Furman, Mark)
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Filing 954
Letter to the Honorable Nina Gershon by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 953
Letter from Jonathan Marks to Chief Magistrate Judge Steven M. Gold by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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ORDER re #953 Letter filed by State Farm Mutual Automobile Insurance Company. Any response by defendant Lipovsky shall be submitted no later than September 10, 2010. So Ordered by Chief Magistrate Steven M. Gold on 8/26/2010. (O'Connor, Erin)
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Filing 952
Letter Request for Pre Motion Conference to Renew Motion to Sever by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk (Rosenberg, Bruce)
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Filing 951
REPLY in Support of Defendant Jacob Kagan's objections to Magistrate Judge's order and report and recommendations filed July 16, 2010 filed by Jacob Kagan. (Rosenberg, Bruce)
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ORDER re #950 Letter filed by State Farm Mutual Automobile Insurance Company, #949 Letter filed by German Laufer, Eleanor Lipovsky: The revised schedule to submit the pre-trial Order is approved and hereby entered as an Order of the Court. The conference previously scheduled for October 7th will instead be held at 2:30 p.m. on October 27, 2010. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/20/2010. (Vasquez, Lea)
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Filing 950
Letter to Chief Magistrate Judge Steven M. Gold by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 949
Letter to Judge Gold requesting extension by German Laufer, Eleanor Lipovsky (Furman, Mark)
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Filing 948
MOTION for Extension of Time to File to File Pre Trial Order by AYD Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman, Mirka United, Inc., Vladimir Nabutovsky, YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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ORDER deferring ruling on #948 Motion for Extension of Time to File: The parties are directed to confer with respect to a revised schedule for the pretrial order and to submit a letter by August 20th setting forth the agreed upon schedule. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/17/2010. (Vasquez, Lea)
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Filing 947
MEMORANDUM in Opposition to Kagan's Objections to July 16, 2010 Report and Recommendation filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Marks, Jonathan)
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ORDER granting in part and denying in part #839 Motion for Leave to File. See Minute Entry for proceedings held on 3/18/2010. Ordered by Chief Magistrate Steven M. Gold on 8/6/2010. (O'Connor, Erin)
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Clerk's ENTRY OF DEFAULT as to Mara Services, Inc. Motions terminated: #946 Letter MOTION for Entry of Default against Mara filed by State Farm Mutual Automobile Insurance Company. (Hamilton, Janet)
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Filing 946
Letter MOTION for Entry of Default against Mara by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit of Jay Shapiro for Certificate of Default) (Marks, Jonathan)
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Filing 945
OBJECTION to #931 Report and Recommendations Notice of filing Objectios to report and Recommendations with exhibits under seal filed by Jacob Kagan. (Rosenberg, Bruce)
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Clerk's ENTRY OF DEFAULT as to Star Diagnostic Center, Inc. d/b/a Star Medical Systems, pursuant to Rule 55(a) of the Federal Rulesof Civil Procedure. (Hamilton, Janet)
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Clerk's ENTRY OF DEFAULT as to Atlas Medical Equipment,pursuant to Rule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet)
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Filing 944
Stipulation and Order Dismissing Parties Igor Berlovich and IVB Medical Supply, Inc. Ordered by Senior Judge Nina Gershon on 7/21/2010. (Fernandez, Erica)
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Filing 943
Stipulation and Order Dismissing Parties Fair Price Medical Supply, Corp. and Lyubov Groysman. Ordered by Senior Judge Nina Gershon on 7/21/2010. (Fernandez, Erica)
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Filing 942
Stipulation and Order Dismissing Parties Igor Kats and Vista Surgical Supplies, Inc. Ordered by Senior Judge Nina Gershon on 7/21/2010. (Fernandez, Erica)
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Filing 941
Stipulation and Order Dismissing Parties Amaze Medical Supply, Inc. and Arkadi Chapiro a/k/a Shapiro. Ordered by Senior Judge Nina Gershon on 7/21/2010. (Fernandez, Erica)
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Filing 940
Stipulation and Order Dismissing Parties Infinity Health Products, Ltd. and ILya Mugerman. Ordered by Senior Judge Nina Gershon on 7/21/2010. (Fernandez, Erica)
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Filing 939
Stipulation and Order Dismissing Parties Zoya Maksumova and Meridian Medical Of NY, PC. Ordered by Senior Judge Nina Gershon on 7/15/2010. (Fernandez, Erica)
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Filing 938
AFFIDAVIT/DECLARATION in Support re #937 Notice of MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice For Kathy P. Josephson Filing fee $ 25, receipt number 0207-4262548. filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Shapiro, Jay)
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Filing 937
Notice of MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice For Kathy P. Josephson Filing fee $ 25, receipt number 0207-4262548. by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 936
STIPULATION and order of dismissal of IVB Medical Supply, Inc. and Igor Berlovich by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 935
STIPULATION and order of dismissal of Fair Price Medical Supply, Inc. and Lyubov Groysman by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 934
STIPULATION and order of dismissal of Vista Surgical Supplies and Igor Kats by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 933
STIPULATION and order of dismissal of Amaze Medical Supply, Careplus Medical Supply, Arkadi Shapiro by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 932
STIPULATION of Dismissal And Proposed Order As To Defendants Ilya Mugerman And Infinity Health Products, LTD, Filed by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 931
ORDER granting #927 Motion to Compel; MEMORANDUM AND OPINION; REPORT AND RECOMMENDATION re #927 , respectfully recommending that plaintiff's motion for an order restraining certain of Kagan's assets be granted ( Objections to R&R due by 8/2/2010) (O'Connor, Erin)
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Filing 930
Letter MOTION to Withdraw as Attorney Report to Court by Mara Services, Inc.. (LePack, Keith)
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ORDER granting #930 Motion to Withdraw as Attorney. Attorney Keith LePack terminated. The motion is granted for the reasons stated during the proceedings held on July 2, 2010, and because the defendants represented by Mr. LePak have lodged no objection to his motion to be relieved since that time. Mr. LePak is hereby directed to (1) serve a copy of this order upon defendants at their last known addresses; (2) make his files available to defendants or any successor counsel without regard to whether defendants are current on their bill; and (3) alert defendants in writing of all upcoming deadlines and scheduled conferences. THE INDIVIDUAL DEFENDANTS ARE HEREBY DIRECTED TO APPEAR IN PERSON AT ALL FUTURE CONFERENCES ON PAIN OF RECOMMENDED DEFAULT. PLAINTIFF MAY MOVE FOR ENTRY OF ANY CORPORATE DEFENDANT'S DEFAULT UNLESS THAT CORPORATION APPEARS THROUGH COUNSEL BY JULY 30, 2010. Ordered by Chief Magistrate Steven M. Gold on 7/16/2010. (Gold, Steven)
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ORDER granting #917 Motion to Withdraw as Attorney. See earlier Order of today for further information. Ordered by Chief Magistrate Steven M. Gold on 7/16/2010. (O'Connor, Erin)
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ORDER granting #937 Motion for Leave to Appear Pro Hac Vice for Kathy P. Josephson for State Farm Mutual Automobile Insurance Company. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/16/2010. (Vasquez, Lea)
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Filing 929
STIPULATION and Order of Dismissal of Defendants Zoya Maksumova and Meridian Medical of NY, P.C. by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 928
RESPONSE in Opposition re #927 Letter MOTION to Compel --Request That The Court Enter Order, Reporting and Recommending That judge Gershon Temporarily Freeze Certain Assets of Defendant Jacob Kagan, filed Opposition to State Farm's 4th Request for Pre Judgment Attachment filed by Jacob Kagan. (Rosenberg, Bruce)
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Filing 927
Letter MOTION to Compel --Request That The Court Enter Order, Reporting and Recommending That judge Gershon Temporarily Freeze Certain Assets of Defendant Jacob Kagan, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Proposed Order) (Marks, Jonathan)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 7/2/2010 re #917 First MOTION to Withdraw as Attorney filed by Mara Services, Inc. Shapiro for plaintiff, LePak for Simon Vitukhnovska, Mariya Vitukhnovska, and Mara Services, Inc. (the "Vitukh defendants"). The Court has explained the consequences of proceeding without counsel to the defendants. At the request of the Vitukh defendants, they will have until July 16 to decide how they wish to proceed. Mr. Lepak will submit a letter by July 16 stating whether he and his clients have resolved the fee issues discussed today, whether his clients seek to retain new counsel, or whether his clients wish to defend themselves, understanding that without counsel the corporate defendant will be held in default. If, during the time between now and July 16th the Vitukh defendants and Mr. LePak have not agreed upon terms for Mr. LePak's continued representation, and these defendants raise no objection, the Court will grant Mr. LePak's motion to be relieved. (FTR 12:05-12:08; 12:12-12:33) (O'Connor, Erin)
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Filing 926
TRANSCRIPT of Proceedings held on June 25, 2010, before Judge Gold. Court Transcriber Typewrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2010. Redacted Transcript Deadline set for 7/29/2010. Release of Transcript Restriction set for 9/27/2010. (Rocco, Christine)
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ORDER granting #921 Motion to Compel to the extent indicated on the record of the proceeding held today. Ordered by Chief Magistrate Steven M. Gold on 6/25/2010. (Gold, Steven)
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ORDER granting #923 Motion to Compel to extent indicated on the record of today's proceedings. Ordered by Chief Magistrate Steven M. Gold on 6/25/2010. (Gold, Steven)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 6/25/2010 re #923 Letter MOTION to Compel. Shapiro for plaintiff, Rosenberg for Kagan. Plaintiff may take discovery with respect to the 390 Graham transaction as described on the record. In addition, plaintiff may seek a retraining order with respect to specified Kagan assets by submitting a notice of motion, proposed order and any additional materials it seeks to have considered by the court. (FTR 10:38-11:12.) (O'Connor, Erin)
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CLARIFYING ORDER re Order on Motion to Adjourn Conference: Absent a joint application by plaintiff and defendant Jacob Kagan, only Mr. Lepak's motion to be relieved is adjourned by the order entered earlier today. The argument on plaintiff's motion with respect to defendant Kagan will proceed on June 25 at 10:30 am as previously scheduled. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/23/2010. (Vasquez, Lea)
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ORDER granting #925 Motion to Adjourn Conference. The oral argument scheduled for June 25th will instead be held at 12:00 p.m. on July 2, 2010. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/22/2010. (Vasquez, Lea)
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Filing 925
Letter MOTION to Adjourn Conference for Withdrawal by Mara Services, Inc.. (LePack, Keith)
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Filing 924
RESPONSE in Opposition re #923 Letter MOTION to Compel Re: State Farm's Request For Leave To Supplement The Record Regarding Its Request To Seize The Assets Of Jacob Kagan filed by Jacob Kagan. (Rosenberg, Bruce)
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Filing 923
Letter MOTION to Compel Re: State Farm's Request For Leave To Supplement The Record Regarding Its Request To Seize The Assets Of Jacob Kagan by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A) (Marks, Jonathan)
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ORDER Setting Hearing on Motion : NOTICE OF ORAL ARGUMENT ON LePACK MOTION TO WITHDRAW AND PLAINTIFFS MOTION TO COMPEL ASSET INFORMATION FROM DEFENDANT KAGAN: The Court will hear argument on plaintiffs motion with respect to defendant Jacob Kagans assets, Docket Entry 921, at 10:30 a.m. on June 25, 2010, in Courtroom 13 D. The Court will hear argument on Mr. LePacks motion to withdraw as counsel for Simon Vitukkhnovska, Mariya Vitukkhnovska, and Mara Services, Inc., Docket Entry 917, at 10:30 a.m. on June 25, 2010, in Courtroom 13 D. Simon Vitukkhnovska, Mariya Vitukkhnovska, and a representative of Mara Services, Inc., must be present at that time. Mr. LePak shall promptly serve a copy of this Order on these defendants and provide proof of service to the Court. Ordered by Chief Magistrate Steven M. Gold on 6/15/2010. (Gold, Steven)
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Filing 922
RESPONSE in Opposition re #921 Letter MOTION to Compel Kagan to identify the current location of any proceeds of the sale of 390 Graham; and (b) to the extent any such funds are identifiable freeze such funds until further order of the Court,,,Letter MOTION to Compel Kagan to identify the current location of any proceeds of the sale of 390 Graham; and (b) to the extent any such funds are identifiable freeze such funds until further order of the Court,,, to State Farm's Motion for Pre-Judgment Attachment filed by Jacob Kagan. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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Filing 921
Letter MOTION to Compel Kagan to identify the current location of any proceeds of the sale of 390 Graham; and (b) to the extent any such funds are identifiable freeze such funds until further order of the Court,,, by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Marks, Jonathan)
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Filing 920
REPLY in Opposition STATE FARMS RESPONSE TO STATEMENTOF FACTS PURSUANT TO LOCAL CIVIL RULE 56.1 BY DEFENDANTS VLADIMIR NABUTOVSKY AND AL MEDICAL & SURGICAL SUPPLY, INC.--- filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Marks, Jonathan)
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Filing 919
REPLY in Opposition re #908 MOTION for Summary Judgment & Rule 56.1 Statement of Facts & Notice Regarding the filing of Exhibits under seal in paper form STATE FARMS RESPONSE TO STATEMENT OF FACTS PURSUANT TO LOCAL CIVIL RULE 56.1 BY DEFENDANTS ARTHUR KLOTSMAN, YACOV MOIN, DEMITRY TSPENYUK, A TO Z MEDICAL SUPPLIES, INC., AYDSERVICES, INC., YAD TRADING & SERVICES, INC., AND KLM TRADING, LTD.,--- filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Marks, Jonathan)
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Filing 918
REPLY in Opposition re #904 MOTION for Summary Judgment along with Notice and Rule 56.1 Statement STATE FARMS RESPONSE TO STATEMENT OF FACTS PURSUANT TO LOCAL CIVIL RULE 56.1 BY DEFENDANTS JAKOB KAGAN AND MIRKA UNITED, INC--- filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Marks, Jonathan)
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Filing 917
First MOTION to Withdraw as Attorney by Mara Services, Inc.. (LePack, Keith)
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Filing 914
EXHIBITS by Victoria Kagan, Mirka United, Inc. placed in vault. Related document: #904 MOTION for Summary Judgment along with Notice and Rule 56.1 Statement filed by Jacob Kagan, Mirka United, Inc.. (Fernandez, Erica)
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Filing 916
EXHIBITS by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc. filed in hard copy and placed in vault Related document: #908 MOTION for Summary Judgment & Rule 56.1 Statement of Facts & Notice Regarding the filing of Exhibits under seal in paper form filed by Demitry Tsepenyuk, AYD Services, Inc., KLM Trading, Ltd., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman. (Fernandez, Erica)
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Filing 915
EXHIBITS by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. filed in hard copy and placed in vault. Related to doc #911 (Fernandez, Erica)
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Filing 913
REPLY in Support of Motion for Summary Judgment & Notice Regarding the filing of Exhibits in Paper form under Seal filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. (Attachments: #1 Supplement) (Rosenberg, Bruce)
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Filing 912
RESPONSE in Opposition to Motion for Summary Judgment filed by Vladimir Nabutovsky and AL Medical & Surgical Supplies, Inc. along with Notice regarding the filing of exhibits in paper form under Seal filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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Filing 911
MOTION for Summary Judgment (Notice, Rule 56.1 Statement, & Notice Regarding the filing of Exhibits in Paper form under Seal by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. Responses due by 5/25/2010 (Attachments: #1 Supplement, #2 Supplement) (Rosenberg, Bruce)
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Filing 910
REPLY in Support re #908 MOTION for Summary Judgment & Rule 56.1 Statement of Facts & Notice Regarding the filing of Exhibits under seal in paper form & Notice Regarding the filing of exhibits in paper form under Seal filed by AYD Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Attachments: #1 Supplement) (Rosenberg, Bruce)
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Filing 909
RESPONSE in Opposition re #908 MOTION for Summary Judgment & Rule 56.1 Statement of Facts & Notice Regarding the filing of Exhibits under seal in paper form along with Notice regarding the filing exhibits under seal in paper form filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Supplement) (Rosenberg, Bruce)
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Filing 908
MOTION for Summary Judgment & Rule 56.1 Statement of Facts & Notice Regarding the filing of Exhibits under seal in paper form by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc.. Responses due by 5/25/2010 (Attachments: #1 Supplement, #2 Supplement) (Rosenberg, Bruce)
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Filing 907
REPLY in Support re #904 MOTION for Summary Judgment along with Notice and Rule 56.1 Statement and Notice Regarding the Filing of Exhibits in Paper Form under Seal filed by Jacob Kagan, Mirka United, Inc.. (Attachments: #1 Supplement) (Rosenberg, Bruce)
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Filing 906
RESPONSE in Opposition re #904 MOTION for Summary Judgment along with Notice and Rule 56.1 Statement and Notice Regarding the Filing of Exhibits under Seal in Paper Form filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Supplement) (Rosenberg, Bruce)
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Filing 905
NOTICE by Jacob Kagan, Mirka United, Inc. re #904 MOTION for Summary Judgment along with Notice and Rule 56.1 Statement Notice Regarding the filing Exhibits under Seal in Paper Form (Rosenberg, Bruce)
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Filing 904
MOTION for Summary Judgment along with Notice and Rule 56.1 Statement by Jacob Kagan, Mirka United, Inc.. Responses due by 5/25/2010 (Attachments: #1 Rule 56.1 Statement) (Rosenberg, Bruce)
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Filing 903
NOTICE by State Farm Mutual Automobile Insurance Company re #902 Reply in Support NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM (Shapiro, Jay)
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Filing 902
REPLY in Support re #895 Notice of MOTION for Summary Judgment , With Certificate of Service, #896 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 901
NOTICE by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky re #900 Memorandum in Opposition NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM (Shapiro, Jay)
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Filing 900
MEMORANDUM in Opposition re #895 Notice of MOTION for Summary Judgment , With Certificate of Service, #896 MOTION for Summary Judgment filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. (Shapiro, Jay)
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Filing 899
MEMORANDUM in Support re #895 Notice of MOTION for Summary Judgment , With Certificate of Service filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 898
NOTICE by State Farm Mutual Automobile Insurance Company re #896 MOTION for Summary Judgment NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM (Shapiro, Jay)
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Filing 897
RULE 56.1 STATEMENT re #895 Notice of MOTION for Summary Judgment , With Certificate of Service, #896 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 896
MOTION for Summary Judgment by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 895
Notice of MOTION for Summary Judgment , With Certificate of Service by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 894
Letter From Cara A. Roecker, Dated April 13, 2010,Re: State Farm's Motion for Summary Judgment and corresponding Statement, with Exhibits by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 893
NOTICE of Appearance by Arkady Bukh on behalf of Health World AI, Ltd., Boris Rabinovich (aty to be noticed) (Bukh, Arkady)
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Filing 892
ORDER granting #890 Motion to Compel: Plaintiff's motion for an order requiring defendants Jacob and Victoria Kagan to document how the proceeds of the sale of real property at 390 Graham Avenue, Brooklyn, New York, were disbursed is GRANTED. See attached Order. Ordered by Chief Magistrate Steven M. Gold on 5/19/2010. (O'Connor, Erin)
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ORDER re #892 Order on Motion to Compel: Defendants shall provide the information within one week. So Ordered by Chief Magistrate Steven M. Gold on 5/19/2010. (O'Connor, Erin)
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Filing 891
RESPONSE in Opposition re #890 Letter MOTION to Compel Defendants Jacob Kagan and Victoria Kagan to document for both the Court and State Farm what has happened to the proceeds of the sale of property located at 390 Graham Avenue, Brooklyn, NY--- (re: State Farm's request for injunctive relief filed by Jacob Kagan. (Rosenberg, Bruce)
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Filing 890
Letter MOTION to Compel Defendants Jacob Kagan and Victoria Kagan to document for both the Court and State Farm what has happened to the proceeds of the sale of property located at 390 Graham Avenue, Brooklyn, NY--- by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Roecker, Cara)
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Filing 889
ORDER granting #862 Motion to Dismiss Defendant Inessa Abramshik From First Amended Complaint: The motion to dismiss without prejudice Dft Inessa Abramshik from counts 30 and 40-42 in Pltff State Farm's First Amended Complaint for failure to effect serve upon her in the above-captioned matter is granted pursuant to Federal Rule of Civil Procedure 4(m). Nothing in this Order shall be construed to affect the claims of State Farm against any other parties to the above-captioned action, which claims shall survive and continue beyond this dismissal. Pltff shall serve a copy of this order at Dft Abramshik's last known address. Ordered by Senior Judge Nina Gershon on 5/7/2010. (Abdallah, Fida)
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Filing 888
ORDER pursuant to pltfs. unopposed motion dated 4/6/10 defts. Oleg Portnov, Aleksey Pugach, Bethel Equipment, Inc. Seaside Wholesale, Ltd. and Empire Supply, Inc. are dismissed without prejudice. Ordered by Senior Judge Nina Gershon on 4/30/2010. (Greene, Donna)
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ORDER terminating #884 Motion to Quash. Ordered by Chief Magistrate Steven M. Gold on 5/5/2010. (Gold, Steven)
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ORDER denying as moot #885 Motion to Quash. See Minute Entry of telephone conference held on today's date for statement of reasons. Ordered by Chief Magistrate Steven M. Gold on 5/5/2010. (Gold, Steven)
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Minute Entry for Telephone Conference held on 5/5/2010 before Chief Magistrate Judge Steven M. Gold: Marks for plaintiff, Rosenberg for Klotsman defendants. (1) The motion of the Klotsman defendants to quash the subpoena served by plaintiff for the depostion of James Mathis is terminated, as it is moot. The Klotsman defendants have represented that Mr. Mathis will not be called as witness at trial, and that any letters or other materials authored by Mr. Mathis that have been submitted by these defendants in support of their summary judgment motion will not offered in evidence or relied upon at trial. In light of this representation, plaintiff no longer seeks to depose Mr. Mathis. (2) In light of plaintiff's reliance on defendants' representation, it is hereby ORDERED that Mr. Mathis may not be called as witness at trial, and any letters or other materials authored by Mr. Mathis may not be not offered in evidence or relied upon at trial. (3) Plaintiff's application to withdraw certain exhibits it filed in opposition to the defendants' motion for summary judgment, which exhibits include confidential documents filed by plaintiff on the public docket sheet in error, and to refile those exhibits under seal, is GRANTED. (Vasquez, Lea)
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Filing 887
REPLY in Support re #885 MOTION to Quash and/or strike non party subpoena CORRECTED filed by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Yacov Moin, Demitry Tsepenyuk. (Rosenberg, Bruce)
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SCHEDULING ORDER re #885 MOTION to Quash and/or strike non party subpoena CORRECTED filed by Demitry Tsepenyuk, AYD Services, Inc., KLM Trading, Ltd., Yacov Moin, A to Z Medical Supplies, Inc., Artur Klotsman: A telephone conference will be held at 10:30 a.m. on May 5, 2010. Counsel for plaintiff and counsel for defendants who filed the Motion to Quash are the only parties required to participate. Defendants' counsel is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/28/2010. (Vasquez, Lea)
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Filing 886
RESPONSE to Motion re #884 MOTION to Quash and/or strike non party subpoena, #885 MOTION to Quash and/or strike non party subpoena CORRECTED ---LETTER DATED 4/27/2010 filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit A-Part 3, #4 Exhibit A-Part 4, #5 Exhibit B, #6 Exhibit C) (Marks, Jonathan)
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Filing 885
MOTION to Quash and/or strike non party subpoena CORRECTED by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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Filing 884
MOTION to Quash and/or strike non party subpoena by AYD Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Email Notification Test - DO NOT REPLY (Siegfried, Evan)
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Filing 883
Letter Re: assertion of 5th Amendment rights by Jacob Kagan (Rosenberg, Bruce)
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Filing 882
RESPONSE in Opposition re #879 Letter MOTION to Strike The Expert Report Of James J. Mathis filed by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 881
ORDER granting #878 Motion for Extension of Time to File objections to Report and Recommendation to 4/13/2010. Ordered by Senior Judge Nina Gershon on 4/13/2010. (Fernandez, Erica)
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Email Notification Test - DO NOT REPLY (Fernandez, Erica)
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Filing 880
Joint MOTION for Extension of Time to File objections to R&R by Amaze Medical Supply, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Arkadi Chapiro a/k/a Shapiro, Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc.. (Certain, Gary)
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Filing 879
Letter MOTION to Strike The Expert Report Of James J. Mathis by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit B) (Marks, Jonathan)
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Filing 878
Letter MOTION for Extension of Time to File objections to R&R by Amaze Medical Supply, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Arkadi Chapiro a/k/a Shapiro, Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats. (Certain, Gary)
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Filing 877
NOTICE of Appearance by Ross O. Silverman on behalf of State Farm Mutual Automobile Insurance Company (aty to be noticed) (Silverman, Ross)
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Filing 876
MEMORANDUM in Support re #875 Notice of MOTION to Dismiss Defendants Aleksey Pugach, Oleg Portnov, Bethel Equipment, Inc., Seaside Wholesale, Ltd. and Empire Supply, Inc. from First Amended Complaint filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 875
Notice of MOTION to Dismiss Defendants Aleksey Pugach, Oleg Portnov, Bethel Equipment, Inc., Seaside Wholesale, Ltd. and Empire Supply, Inc. by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Order Granting Motion) (Roecker, Cara)
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Filing 874
SCHEDULING ORDER: Movant's papers shall be filed by April 13, 2010. Opposition paper shall be filed by May 11, 2010. Reply papers shall be filled and served by May 25, 2010. Ordered by Senior Judge Nina Gershon on 4/2/2010. (Fernandez, Erica)
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Filing 873
EXHIBIT Amended Exhibit 1 by State Farm Mutual Automobile Insurance Company. Related document: #872 Appeal of Magistrate Judge Decision to District Court filed by State Farm Mutual Automobile Insurance Company. (Marks, Jonathan)
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Filing 872
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by State Farm Mutual Automobile Insurance Company re Motion Hearing,,,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Marks, Jonathan)
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Filing 871
RESPONSE in Opposition re #865 Letter MOTION for Extension of Time to File Summary Judgment Briefs filed by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 870
REPLY in Support of Motion for Extension of Dates Regarding Motions for Summary Judgment and in Response to Opposition to Motion for Extension [D.E. 866] filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 869
MOTION for Summary Judgment with exhibits being filed under seal by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. Responses due by 4/15/2010 (Rosenberg, Bruce)
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Filing 868
MOTION for Summary Judgment with exhibits being filed under seal by Jacob Kagan, Mirka United, Inc.. Responses due by 4/15/2010 (Rosenberg, Bruce)
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Filing 867
MOTION for Summary Judgment with exhibits being filed under seal by AYD Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc.. Responses due by 4/15/2010 (Rosenberg, Bruce)
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Filing 866
Letter in oppostion to request for extension by State Farm Doc#865 by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 865
Letter MOTION for Extension of Time to File Summary Judgment Briefs by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Revised Scheduling Order) (Roecker, Cara)
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Filing 863
MEMORANDUM in Support re #862 Notice of MOTION to Dismiss Defendant Inessa Abramshik From First Amended Complaint filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 862
Notice of MOTION to Dismiss Defendant Inessa Abramshik From First Amended Complaint by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Order) (Roecker, Cara)
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Filing 861
CERTIFICATE OF SERVICE by State Farm Mutual Automobile Insurance Company Re: Service of Chief Magistrate Judge Gold's Report And Recommendations re #850 Letter Motion for Default Judgment (Attachments: #1 Exhibit) (Roecker, Cara)
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Filing 860
REPORT AND RECOMMENDATIONS, respectfully recommending that plaintiff's motion seeking to enforce the settlement agreement (filed under seal) be granted. See attached R&R. Objections to R&R due by 4/12/2010. Ordered by Chief Magistrate Steven M. Gold on 3/26/2010. (O'Connor, Erin)
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Filing 858
REPORT AND RECOMMENDATIONS re #850 Letter MOTION for Default Judgment, respectfully recommending that an order of default pursuant to Federal Rule of Civil Procedure 55(a) be entered against Arbov. See attached R&R. Objections to R&R due by 4/8/2010. Ordered by Chief Magistrate Steven M. Gold on 3/22/2010. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 3/18/2010 re #837 Letter To The Hon. Chief Magistrate Judge Steven M. Gold, Re: Docket No. 807, to set forth defendant Kagan's obligation to produce certain wiretap conversations--- by State Farm Mutual Automobile Insurance Company and #839 Letter MOTION for Leave to File --Motion For Leave To Issue A Subpoena To The Attorney Generals Office of New York filed by State Farm Mutual Automobile Insurance Company:Shapiro and Marks for plaintiff, Swenton for the Attorney General of the State of New York, Rosenberg for Kagan, no appearance for Vitukhnovskaya. Plaintiff's motion to compel disclosure of wiretap recordings denied for reasons stated on the record. Plaintiff shall move for the release of the computer hard drives, with the consent of the Attorney General, in state court forthwith. If the court has not ruled within two weeks, plaintiff may serve the subpoena at issue at that time, and the OAG shall produce the hard drives as soon as practicable. (Tape #FTR 2:28-3:47.) (Vasquez, Lea)
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Minute Entry for Oral Argument on Motion to Compel Settlement held on 3/18/2010 before Chief Magistrate Judge Steven M. Gold: Shapiro and Marks for plaintiff, Zilberg for defendants Shapiro, Groysman, Berlovich, Katz and certain entities. Defendants may supplement their opposition to plaintiff's motion by March 22, and plaintiff may reply by March 23. (Tape #FTR 3:49-4:15 SEALED.) (Vasquez, Lea)
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Minute Entry for ORAL ARGUMENT ON MOTION TO COMPEL DISCLOSURE OF LAUFER TAX RETURNS SETTLEMENT before Chief Magistrate Judge Steven M. Gold on 3/18/2010: Shapiro and Marks for plaintiff, Furman for Laufer. Defendant Laufer shall produce the portions of the tax returns identified today within one week. To the extent plaintiff seeks disclosure of additional portions of the returns, its motion is denied. (Tape #FTR 4:16-4:44.) (Vasquez, Lea)
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Filing 857
ORDER TO SHOW CAUSE WHY A DEFAULT JUDGMENT SHOULD NOT BE ENTERED AGAINST DEFENDANT VITUKHNOVSKAYA AND MONETARY SANCTIONS IMPOSED ON HER AND HER COUNSEL. Show Cause Hearing set for 3/25/2010 05:00 PM in U. S. District Court Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201 before Chief Magistrate Steven M. Gold.. Ordered by Chief Magistrate Steven M. Gold on 3/18/2010. (Gold, Steven)
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ORDER re #855 Letter filed by State Farm Mutual Automobile Insurance Company. The court has reviewed the proposed schedule for pre-trial matters submitted by plaintiff. In light of the November 29 trial date, the difficulties coordinating the schedules of the numerous counsel involved, and the fact that some defendants are proceeding pro se, it is my view that the schedule is appropriate, except that the schedule for completing the pre-trial order should be accelerated. Plaintiff will serve its pretrial order portions on defendants by July 16. Defendants shall serve their portions by August 20. Failure to submit a pretrial order portion will result in a recommendation that a party be precluded from offering testimony or exhibits at trial. Plaintiff shall file a joint pretrial order with the court by September 15. THE COURT WILL HOLD A CONFERENCE TO REVIEW THE PRETRIAL ORDER AT 2:00 PM ON OCTOBER 7, 2010. FAILURE TO ATTEND WILL WAIVE ANY OBJECTION TO THE ORDER, AND SHALL BE DEEMED CONSENT TO ANY APPLICATION BY ANY OTHER PARTY DIRECTED TO THE PORTION SUBMITTED BY THE NON-APPEARING PARTY. Ordered by Chief Magistrate Steven M. Gold on 3/18/2010. (Gold, Steven)
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Filing 856
Letter by German Laufer, Eleanor Lipovsky (Furman, Mark)
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Filing 855
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 3/16/2010, Requesting That The Court Set A Pre-Trial Schedule by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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ORDER re #854 Letter filed by German Laufer. The court has received the letter on behalf of defendants Laufer and Lipovsky, Docket Entry 854, and recognizes that the short time may be an inconvenience for counsel. Accordingly, defendants' counsel shall confer with plaintiff's counsel about mutually convenient dates for a conference concerning the tax returns of Laufer and Lipovsky and shall inform the court of the parties' proposed dates by letter submitted by ECF. Ordered by Chief Magistrate Steven M. Gold on 3/16/2010. (O'Connor, Erin)
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Filing 854
Letter by German Laufer (Furman, Mark)
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ORDER re #851 Letter, filed by State Farm Mutual Automobile Insurance Company: No objection having been raised, plaintiff's application to have its demand for discovery of the tax returns of Laufer and Lipovsky heard during the conference on March 18 is granted. The argument on plaintiff's motion will be held at 3:00 pm on that date. Counsel for Laufer and Lipovsky shall bring the tax returns at issue, if he or these defendants have them in their possession, to the conference for in camera review. Ordered by Chief Magistrate Steven M. Gold on 3/14/2010. (Gold, Steven)
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Filing 853
MEMORANDUM in Opposition to plaintiff's request for wiretap filed by OAG. (Attachments: #1 Exhibit) (MacKechnie, Roseann)
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ORDER: The Court hereby grants plaintiff's application to file its motion to enforce a settlement under seal. Ordered by Chief Magistrate Steven M. Gold on 3/12/2010. (O'Connor, Erin)
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Filing 852
NOTICE of Appearance by Marvin L. Lifshutz on behalf of Douglas J. Spiel (aty to be noticed) (Lifshutz, Marvin)
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Filing 851
Letter To The Hon.Magistrate Judge Steven M. Gold, From Cara A. Roecker, Dated 3/11/10 Requesting Oral Argument on whether State Farm is entitled to the personal tax returns of defendants German Laufer and Eleanor Lipovsky at the March 18, 2010 conference by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 850
Letter MOTION for Default Judgment as to Defendant Arbov, Inc. by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 849
ORDER directing that Mag Gold's order was carefully delimited and entirely proper. The objections are without merit, and Mag Gold's order is affirmed. Ordered by Senior Judge Nina Gershon on 2/9/2010. (Fernandez, Erica) (Main Document 849 replaced on 3/8/2010) (Fernandez, Erica).
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Filing 847
Letter From Cara A. Roecker, Dated 3/4/2010, To Stephanie Swenton, Esq. The Assistant Attorney General Re: Notification Of Order Entered 3/4/2010 by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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ORDER re #844 Letter, filed by AYD Services, Inc., KLM Trading, Ltd., Mirka United, Inc., Vladimir Nabutovsky, Artur Klotsman, Demitry Tsepenyuk, Jacob Kagan, Al Medical and Surgical Supply, Inc., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc. The application of certain defendants for an additional ten days to submit expert reports is, in light of the absence of prejudice to other parties, GRANTED. The expert reports are now due on March 15. In light of the previous lengthy adjournment granted to these defendants, no further adjournments will be approved. Ordered by Chief Magistrate Steven M. Gold on 3/4/2010. (Gold, Steven)
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ORDER re #837 Letter filed by State Farm Mutual Automobile Insurance Company, #839 Letter MOTION for Leave to File --Motion For Leave To Issue A Subpoena To The Attorney Generals Office of New York filed by State Farm Mutual Automobile Insurance Company. THE COURT WILL HEAR ARGUMENT ON PLAINTIFF'S MOTIONS FOR DISCLOSURE OF WIRETAP CONVERSATIONS #837 AND FOR LEAVE TO ISSUE A SUBPOENA TO THE NEW YORK STATE ATTORNEY GENERAL'S OFFICE #839 AT 2:00 PM ON MARCH 18, 2010. Defendants Jacob Kagan and Mariya Vitukhnovskaya must be in attendance, with their counsel, on pain of sanction. The Office of the Attorney General is encouraged to attend and will be invited to participate in the argument. Counsel for plaintiff and the Office of the Attorney General shall have with them any form of waiver either will contend to be sufficient to permit the production of computer hard drives sought by plaintiff. In addition, the court invites the Office of the Attorney General to submit its views on plaintiff's application for wiretap information, Docket Entry 837, and requests that the OAG submit a letter stating its position by March 12. Plaintiff is directed to provide a copy of this Order to the Office of the Attorney General forthwith and provide proof of service to the court. Ordered by Chief Magistrate Steven M. Gold on 3/4/2010. (Gold, Steven)
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Filing 848
Minute Entry for proceedings held before Senior Judge Nina Gershon:Pre Motion Conference held on 3/2/2010. Counsel for parties present. Jury Selection and Jury Trial set for 11/29/2010 at 10:00 AM in Courtroom 6D South before Senior Judge Nina Gershon. The following motion schedule was agreed on the record: Movant's papers shall be filed by March 30, 2010. Opposition paper shall be filed by April 27, 2010. Reply papers shall be filled and served by May 11, 2010. (Court Reporter Holly Driscoll.) (Fernandez, Erica)
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Filing 846
REPLY in Opposition to Plaintiff's Request for Subpoena filed by OAG. (Attachments: #1 Exhibit Kagan/Mirka Authorization) (MacKechnie, Roseann)
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Minute Entry for Telephone Conference held on 3/1/2010 before Chief Magistrate Judge Steven M. Gold: Silverman for plaintiff, Zilberg for Fair Price defendants. Counsel will use their best efforts to resolve their dispute over the language of their anticipated settlement agreement as discussed during today's conference. If they are unable to reach agreement, plaintiff may move to enforce the settlement terms stated on the record by March 4; defendants will submit their opposition by March 9, and plaintiff may submit any reply by March 12. (Vasquez, Lea)
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Filing 845
Letter To The Hon.Magistrate Judge Steven M. Gold, From Cara A. Roecker, Dated 3/1/2010,in response to the request of defendants for an extension of the date by which they must produce expert reports to State Farm by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 844
Letter request for 10 day extension to file expert reports by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 843
Letter Objections to matter being put on trial calendar by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 842
ORDER: Based on the 2/22/2010 letter to the court from plaintiffs' counsel, plaintiffs' motion to stay/enjoin certain defendants from prosecuting NYS Court lawsuits and from filing new actions is dismissed as moot. The pre-motion conference on 3/2/2010 will proceed as scheduled. Ordered by Senior Judge Nina Gershon on 2/24/2010. (Fernandez, Erica)
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Filing 841
MEMORANDUM in Opposition to Plaintiff's Motion to Compel disclosure of Title III Recordings filed by Jacob Kagan. (Goldsmith, Aaron)
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Filing 840
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 2/24/2010, Requesting That The Court Set This Case For Trial by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 839
Letter MOTION for Leave to File --Motion For Leave To Issue A Subpoena To The Attorney Generals Office of New York by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Roecker, Cara)
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Filing 838
Letter From Cara A. Roecker, Dated 2/22/2010, To The Hon. Nina Gershon Regarding Settlement With Defendants Igor Berlovich, IVB Medical Supply, Inc., Arkadi Chapiro, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Lyubov Groysman, Fair Price Medical Supply, Corp., Igor Kats And Vista Surgical Supplies, Inc. by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 837
Letter To The Hon. Chief Magistrate Judge Steven M. Gold, Re: Docket No. 807, to set forth defendant Kagan's obligation to produce certain wiretap conversations--- by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Minute Entry for Settlement Conference held on 2/16/2010 before Chief Magistrate Judge Steven M. Gold: Shapiro and Silverman, with Cowan, for plaintiff; Zilberg for Shapiro, Katz, Berlovich, Groytsman, Amaze, Careplus, Vista, IVB and Fair Price, with all parties present. The parties listed above have reached a settlement agreement, the terms of which were stated on the record. Counsel will file a stipulation discontinuing the claims between these parties within 30 days. (Tape #FTR 6:03-6:10 RECORDED IN COURTROOM 13A.) (Vasquez, Lea)
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ORDER: The court will hold a pre-motion conference at 2:30 p.m. on Tuesday, March 2, 2010 at which the court will address all proposed motions. In addition, the court will hear argument on plaintiffs' "Motion to Stay/Enjoin Defendants From Prosecuting New York State Court Lawsuits and From Filing New Actions."All parties, including any remaining parties who are not proposing motions, are required to attend. Ordered by Senior Judge Nina Gershon on 2/9/2010. (Mask, Deirdre)
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Filing 836
Letter From Jay Shapiro, Dated 2/8/2010, To The Hon. Steven M. Gold Regarding The Attendance Of Certain Defendants And State Farm In Court For A Settlement Conference by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 835
TRANSCRIPT of Proceedings held on 2/2/10, before Judge Gold. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2010. Redacted Transcript Deadline set for 3/8/2010. Release of Transcript Restriction set for 5/5/2010. (Hong, Loan)
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Minute Entry for Status Conference held on 2/2/2010 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff, Rosenberg, Furman and Zilberg for various defendants. Various discovery proceedings on the record. The one remaining discovery issue involves the tax returns of defendant Dr. Laufer and one of his entities, and counsel will submit a letter by February 16 advising the court whether additional proceedings or rulings are required. (Tape #FTR 4:10-5:05; 5:11-5:17.) (Vasquez, Lea)
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Filing 834
REPLY in Opposition re #833 Letter that Defendants have complied with january 26, 2010 order and request to appear telephonically at feb 2, 2010 conference is presence is required filed by KLM Trading, Ltd., Jacob Kagan, YAD Trading & Services, Inc.. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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ORDER re #834 Reply in Opposition, filed by KLM Trading, Ltd., Jacob Kagan, YAD Trading & Services, Inc. Mr. Rosenberg's application, made earlier today with respect to a conference scheduled this afternoon, is denied without prejudice to resubmission with plaintiff's consent. Ordered by Chief Magistrate Steven M. Gold on 2/2/2010. (Miller, Ilana)
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Filing 833
Letter From Cara A. Roecker, Dated 2/1/2010, To The Hon. Steven M. Gold Regarding The February 2, 2010 Conference by State Farm Mutual Automobile Insurance Company (Attachments: #1 Attachment) (Roecker, Cara)
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Filing 832
TRANSCRIPT of Proceedings held on January 26, 2010, before Judge Gold. Court Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2010. Redacted Transcript Deadline set for 3/1/2010. Release of Transcript Restriction set for 4/29/2010. (Rocco, Christine)
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ORDER granting #812 Motion to Withdraw as Attorney. Attorney Allan Raysin terminated. See Minute Entry for conference held on 1/26/2010. Ordered by Chief Magistrate Steven M. Gold on 1/28/2010. (O'Connor, Erin)
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Minute Entry for Discovery Hearing held on 1/26/2010 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff; Rubin for defendants Horizon, Graham & Khalavsky; Raysin and Melamed for defendants Vetoukh & Arbov; Furman by telephone for defendants Laufer & Lipovsky and their corporations; Rosenberg by telephone for various defendants. Various discovery rulings were made on the record. In summary, and without any intended modification of the rulings made on the record: 1) Plaintiff reports that all discovery with respect to defendants Horizon, Graham & Khalavsky is completed. Plaintiff does not intend to file summary judgment motions with respect to these defendants. 2) Raysin and Melameds motion to be relieved as counsel for defendants Vetoukh & Arbov, Docket Entry 812, is granted. These defendants are granted one month to find a new attorney. If new counsel has not appeared for the corporate defendant by 2/26, plaintiff may seek a default against the corporation. 3) Dr. Laufer and his counsel shall appear at a conference at 4:00 p.m. on February 2, 2010 to sign the outstanding tax waivers or argue his objections. 4) Counsel for Vitukhnovskay, Semen Vitukh, and Mara failed to appear for the conference. The court reached counsels office by telephone and, upon learning that counsel was not available, spoke to a paralegal there. As was related to the paralegal by telephone, these defendants are ordered to respond promptly to plaintiffs outstanding discovery demands. Moreover, they shall appear with their counsel at the conference at 4:00 p.m. on February 2, 2010. If they fail to appear and fail to provide plaintiff all outstanding discovery, the court will deem plaintiffs motion for sanctions as unopposed. 4) If any tax waivers by Kagan or Mirka remain outstanding as of 5:00 p.m. on February 1st, Kagan, Mirka and their counsel shall appear at the February 2nd conference. 5) Counsel for the Klotsman defendants shall serve the 2000 2004 tax waivers upon the IRS forthwith. Plaintiff shall provide the Klotsman defendants counsel with evidence that the defendants are still collecting money from State Farm. If plaintiff makes such a showing, the Klotsman defendants shall provide tax waivers for those additional years in which they are receiving collections. In lieu of serving any tax waiver on the IRS otherwise required by this order, a defendant may instead provide copies of the relevant returns and affidavits attesting to the fact that these are true copies of the returns submitted to the IRS. Defendants may redact only personal information unrelated to the issues described by plaintiff from returns, and shall advise plaintiff, in generic terms, of the information that has been redacted. 6) Mirka shall produce its business ledgers or an affidavit that it has none or appear at the February 2nd conference. 7) Mr. Zilberg shall appear at 4:00 p.m. on February 2, 2010, together with any defendants he represents who, according to plaintiff, still have not fully complied with plaintiffs discovery demands, unless plaintiff confirms by February 1st that all of Mr. Zilbergs clients outstanding discovery demands have been fulfilled. PLAINTIFF SHALL SUBMIT A LETTER NO LATER THAN 5:00 PM ON FEBRUARY 1, 2010 IDENTIFYING WHICH IF ANY DEFENDANTS PLAINTIFF CONTENDS STILL OWE DISCOVERY, AND THE DISCOVERY MATERIALS THAT PLAINTIFF ASSERTS ARE STILL OWED. TO THE EXTENT THAT THE DISCOVERY OWED INCLUDES AUTHORIZATIONS OR WAIVERS TO BE EXECUTED, PLAINTIFF SHALL HAVE THE NECESSARY FORMS AVAILABLE AT THE CONFERENCE ON FEBRUARY 2. (Tape #FTR 4:19 - 5:14.) (Vasquez, Lea)
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Filing 831
Letter Response in Opposition to Request for Pre-Motion Conference re Motion to Sever by Amaze Medical Supply, Inc., Arkadi Shapiro, Igor Berlovich, Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc. [see DE 822] and AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc. [see DE 820] by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 830
Letter Response in Opposition to Pre-Motion Request to Move for Summary Judgment by Defendants Amaze Medical Supply, Inc., Arkadi Shapiro, Igor Berlovich, Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats and Vista Surgical Supplies, Inc. [DE 822] by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 829
Letter in Response to Defendants Vladimir Nabutovsky, AL Medical and Surgical Supply, AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc., Kagan, Mirka United, Inc. Request for Pre-Motion Conference to Move for Summary Judgment by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Marks, Jonathan)
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Filing 828
REPLY in Opposition re #827 Status Report and sanctions filed by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Rosenberg, Bruce)
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ORDER granting #824 Motion for Extension of Time to File Response/Reply. Dr. Laufer is excused from today's proceedings. If Mr. Furman does not attend today's conference, he shall provide the court with a number where he can be reached this afternoon so that the court may re-schedule the Laufer conference at a date convenient to all parties. Ordered by Chief Magistrate Steven M. Gold on 1/26/2010. (O'Connor, Erin)
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ORDER re #828 Reply in Opposition, filed by AYD Services, Inc., KLM Trading, Ltd., Mirka United, Inc., Vladimir Nabutovsky, Artur Klotsman, Demitry Tsepenyuk, Jacob Kagan, Al Medical and Surgical Supply, Inc., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc. MR. ROSENBERG IS EXCUSED FROM TODAY'S CONFERENCE BUT SHALL IMMEDIATELY PROVIDE THE COURT WITH A NUMBER WHERE HE CAN BE REACHED THIS AFTERNOON SO THE COURT MAY SCHEDULE A DATE FOR A CONFERENCE TO ADDRESS ANY UNRESOLVED ISSUES. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/26/2010. (Vasquez, Lea)
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Filing 827
STATUS REPORT Regarding Compliance with January 14 Order by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Roecker, Cara)
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Filing 826
Letter by Bergamo Medical, PC, Meridian Medical Of NY, PC (Furman, Mark)
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Filing 825
Letter by German Laufer (Furman, Mark)
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Filing 824
First MOTION for Extension of Time to File Response/Reply by German Laufer. (Furman, Mark)
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Filing 823
TRANSCRIPT of Proceedings held on 1/14/2010, before Judge Gold. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/10/2010. Redacted Transcript Deadline set for 2/22/2010. Release of Transcript Restriction set for 4/20/2010. (Hong, Loan)
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Filing 822
Letter re: Pre-Motion Conference for Summary Judgment and Other Relief by Amaze Medical Supply, Inc., A to Z Medical Supplies, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 821
Letter Corrected request for extension to serve tax waivers by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Larisa Klochkov, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 820
Letter re: Pre motion conference to renew motion to sever by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 819
Letter re: pre motion conference to file Motion for Summary Judgment by Jacob Kagan, Mirka United, Inc. (Rosenberg, Bruce)
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Filing 818
Letter re: Pre Motion Conference to file Motion For Summary Judgment by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Eduard Koretsky, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 817
Letter Re: pre motion conference to file motion for summary judgment by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky (Rosenberg, Bruce)
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Filing 816
Letter Requesting Extension to serve tax return waivers by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Victoria Kagan, Artur Klotsman, Mirka United, Inc., Vladimir Nabutovsky, YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 815
Letter To The Hon. Nina Gershon, From Jay Shapiro, Dated 1/19/2010, Requesting A Pre-Motion Conference by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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NOTICE of change of time for Hearing: The hearing scheduled for January 26th will begin at 4:00 p.m. instead of 5:00 p.m. (Vasquez, Lea)
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ORDER re #821 Letter, filed by AYD Services, Inc., KLM Trading, Ltd., Vladimir Nabutovsky, Demitry Tsepenyuk, Jacob Kagan, Larisa Klochkov, Al Medical and Surgical Supply, Inc., YAD Trading & Services, Inc., A to Z Medical Supplies, Inc. : The application is denied, except that the authorizations may be provided by January 25; if plaintiff contends that any defendant has not provided requested authorizations by that date, that defendant shall appear for the conference on January 26 and plaintiff shall have blank authorizations available for execution at that time. Ordered by Chief Magistrate Steven M. Gold on 1/19/2010. (Gold, Steven)
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Filing 814
Letter to Judge Gershon by State Farm Mutual Automobile Insurance Company (Marks, Jonathan)
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Filing 813
STIPULATION AND ORDER REGARDING COUNTERCLAIM AGAINST STATE FARM endorsed on #487 . Signed by Judge Gershon, undated. (Fernandez, Erica)
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Minute Order for proceedings held before Chief Magistrate Steven M. Gold:granting in part and denying in part #799 Motion to Compel; granting in part and denying in part #802 Motion to Compel/Motion for Sanctions; withdrawing #807 Motion to Compel; Motion Hearing held on 1/15/2010.Shapiro for plaintiff; Rosenberg, Zilberg, Rubin and Furman for various defendants. Various discovery rulings were made on the record. In summary, and without any intended modification of the rulings made on the record: 1) The parties have identified 3 motions pending before Judge Gershon and they will provide courtesy copies pursuant to the previously ordered schedule, Docket Entry 808. 2) Raysin's motion to withdraw, Docket Entry 812, will be heard at 5:00 p.m. on January 26, 2010. Defendants Arbov and Vetoukh must be present. Attorney Raysin shall promptly so advise these defendants, in writing, and file proof of service prior to the January 26 hearing. 3) Defendant Klotsman will pay the outstanding sanctions within one week upon pain of further sanction. This payment obligation will not be stayed even If Klotsman appeals from my ruling that the amount sought is sufficiently well-documented. 4) Defendants Laufer and Lipovsky shall file authorizations for any outstanding tax returns forthwith. The authorizations may provide for the returns to be provided to their own counsel, who will then provide the information identified on the record of today's proceeding to plaintiff. 5) With respect to the computer hard drives in the possession of the NYS OAG, defendant Kagan has executed the waivers sought by the OAG in court today. Plaintiff reserves its right to seek mirror images for hard drives in the possession of the NYS OAG of other defendants. 6) Defendants Bergamo and Meridian shall execute authorizations for any outstanding tax returns forthwith or appear in my Courtroom at 5:00 p.m. on January 26, 2010 pursuant to a subpoena duces tecum that plaintiff will promptly file calling for their deposition testimony and tax returns. 7) Counsel for defendant Kagan shall provide the information discussed on the record today about how the affidavit concerning the Kagans' LLC came to be prepared by January 21, 2010. 8) Defendant Maksumova shall provide the affidavit and confession of judgment called for in her settlement agreement forthwith, or appear in my Courtroom at 5:00 p.m. on January 26, 2010 if the documents have not by then been provided to plaintiff. 9) If plaintiff continues to press its demand for discovery of recordings obtained by government wiretaps, it shall make a formal motion doing so, addressing the issues discussed on the record today, and shall make its motion no later than February 22. 10) Defendant Kagan shall either indicate to the court and plaintiff by April 15, 2010 that he is prepared to testify at a deposition without invoking his Fifth Amendment privilege, or he shall be subject to whatever adverse inference the trial judge deems proper, and precluded from testifying at trial or submitting an affidavit in support of any motion he might make or in opposition to any motion seeking relief against him. 11) Mara, having failed to appear at today's conference, has waived any objection to providing the ledgers and authorizations for tax returns sought by plaintiff. These documents shall be produced within one week. AL Medical shall provide an affidavit that there are no ledgers within one week. Failure to comply will result in a recommendation that sanctions be imposed, which may include striking of this defendant's answer and the entry of its default. Horizon and Graham shall provide ledgers in their native format or appear at 5:00 p.m. on January 26, 2010. 12) Defendants Groysman, Shapiro and Berlovich shall execute authorizations for tax returns sought by plaintiff within one week. 13) Plaintiff may seek tax returns through the present date so long as it has a good faith basis for asserting that defendants are still collecting the reimbursements at issue in this litigation. Defendants' counsel may review the tax returns prior to their production to plaintiff. 14) The discovery schedule outlined in Docket Entry 801 remains in effect. AT THE CONFERENCE ON JANUARY 26, 2010, PLAINTIFF SHALL HAVE AVAILABLE FOR EXECUTION ALL DOCUMENTS IT SEEKS TO COMPEL FROM ANY DEFENDANT SCHEDULED TO APPEAR AT THAT TIME. PLAINTIFF SHALL FILE A LETTER NO LATER THAN 5:00 PM ON JANUARY 22, 2010, IDENTIFYING THE DEFENDANTS IT EXPECTS TO APPEAR ON JANUARY 26 AND THE DOCUMENTS IT WILL ASK EACH APPEARING DEFENDANT TO EXECUTE. (Tape #4:02-5:18; 5:38-6:02.) (O'Connor, Erin)
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Filing 812
MOTION to Withdraw as Attorney by Arbov, Inc., Igor Vetoukh. (Raysin, Allan)
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Filing 811
Letter Honorable Gold by German Laufer (Furman, Mark)
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Filing 810
STIPULATION of Dismissal by Belachy Supply, Inc. (Rosenberg, Bruce)
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Filing 809
Letter From Jonathan L. Marks, Dated 1/12/2010, To The Hon. Steven M. Gold Regarding The January 14, 2010 Conference by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Marks, Jonathan)
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Filing 808
ORDER directing parties to inform court of any pending applications or motions. Ordered by Senior Judge Nina Gershon on 1/12/2010. (Mask, Deirdre)
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Filing 807
Letter MOTION to Compel Wiretap Conversations by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2-Part 1, #3 Exhibit 2-Part 2, #4 Exhibit 3) (Marks, Jonathan)
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ORDER terminating #266 Motion to Compel in light of the Order entered by Senior United States District Judge Gershon as docket entry 774. Ordered by Chief Magistrate Steven M. Gold on 1/12/2010. (Gold, Steven)
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ORDER granting #801 Motion for Extension of Time to File. The court notes plaintiff's objection to the length of the extension requested by defendants[docket entry 803], but grants defendants' application in light of the complexity of the case and the difficulty contacting experts during the holiday season. Ordered by Chief Magistrate Steven M. Gold on 12/23/2009. (Gold, Steven)
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ORDER granting #800 Motion for Extension of Time to File. The court notes plaintiff's objection to the length of the extension requested by defendants[docket entry 803], but grants defendants' application in light of the complexity of the case and the difficulty contacting experts during the holiday season. Ordered by Chief Magistrate Steven M. Gold on 12/23/2009. (Gold, Steven)
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ORDER re #802 Letter MOTION to Compel ComplainceLetter MOTION for Sanctions filed by State Farm Mutual Automobile Insurance Company. THE COURT WILL HOLD A CONFERENCE AT WHICH ALL OUTSTANDING DISCOVERY DISPUTES WILL BE ADDRESSED AT 4:00 PM ON THURSDAY, JANUARY 14, 2010. ALL INDIVIDUAL DEFENDANTS WHO ARE ALLEGED BY PLAINTIFF TO OWE DISCOVERY OF ANY TYPE, AND REPRESENTATIVES AUTHORIZED TO ACT ON BEHALF OF ALL CORPORATE DEFENDANTS ALLEGED BY PLAINTIFF TO OWE DISCOVERY OF ANY TYPE, MUST BE PRESENT IN COURT AT THE CONFERENCE. FAILURE OF AN INDIVIDUAL DEFENDANT OR AUTHORIZED REPRESENTATIVE OF A CORPORATE DEFENDANT TO APPEAR MAY DEEMED CONSENT TO PLAINTIFF'S APPLICATIONS, INCLUDING THE APPLICATION THAT I RECOMMEND CERTAIN DEFENDANTS BE HELD IN CONTEMPT. IN ADDITION, PLAINTIFF SHALL HAVE AVAILABLE DOCUMENTATION SUPPORTING THE AMOUNT OF FEES AND COSTS SOUGHT IN CONNECTION WITH THE KLOTSMAN DEPOSITION, AND SHALL MAKE THAT DOCUMENTATION AVAILABLE TO KLOTSMAN'S COUNSEL NO LATER THAN JANUARY 7, 2010. Ordered by Chief Magistrate Steven M. Gold on 12/23/2009. (Gold, Steven)
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Filing 806
RESPONSE in Opposition re #802 Letter MOTION to Compel ComplainceLetter MOTION for Sanctions filed by Al Medical and Surgical Supply, Inc., Jacob Kagan, Mirka United, Inc., Vladimir Nabutovsky. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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Filing 805
RESPONSE in Opposition re #799 Letter MOTION to Compel Compliance filed by Amaze Medical Supply, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Arkadi Chapiro a/k/a Shapiro, Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc.. (Certain, Gary)
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Filing 804
RESPONSE in Opposition re #799 Letter MOTION to Compel Compliance filed by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk. (Rosenberg, Bruce)
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Filing 803
Letter To The Hon.Chief Magistrate Judge Steven M. Gold, From Cara A. Roecker, Dated December 18, 2009, In response to defendants requests for an extension of the remaining expert discovery dates by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roecker, Cara)
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Filing 802
Letter MOTION to Compel Complaince, Letter MOTION for Sanctions by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roecker, Cara)
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Filing 801
MOTION for Extension of Time to File expert discovery reports and pre motion conference letter by AYD Services, Inc., Al Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Jacob Kagan, Artur Klotsman, Mirka United, Inc., Yacov Moin, Vladimir Nabutovsky, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 800
Letter MOTION for Extension of Time to File Pre-Motion Letters by Amaze Medical Supply, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc.. (Certain, Gary)
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Filing 799
Letter MOTION to Compel Compliance by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-Part 1, #4 Exhibit 3-Part 2, #5 Exhibit 3-Part 3, #6 Exhibit 3-Part 4, #7 Exhibit 3-Part 5, #8 Exhibit 3-Part 6, #9 Exhibit 3-Part 7, #10 Exhibit 4) (Roecker, Cara)
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ORDER: Plaintiff shall submit a letter no later than December 18, 2009, indicating whether its previous applications for sanctions against Kagan, Mirka, and the Klotsman defendants (Docket Entries 711, 739, 741) are still pending, or whether compliance has been secured, in light of Judge Gershon's denial of the defendants' appeals pursuant to Rule 72, Docket Entry 797. So Ordered by Chief Magistrate Steven M. Gold on 12/8/2009. (O'Connor, Erin)
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Filing 798
Stipulation and Order Dismissing Parties Bergamo Medical, PC and Liliya Yanovskaya; Parties terminated. Ordered by Senior Judge Nina Gershon on 12/2/2009. (Fernandez, Erica)
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Filing 797
ORDER: Applying Rule 72 of the FRCP, the Court finds that none of the challenged rulings is clearly erroneous or contrary to law. Each is affirmed and its implementation left to the sound discretion of Judge Gold. Ordered by Senior Judge Nina Gershon on 11/13/2009. (Fernandez, Erica)
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Filing 796
STIPULATION of Dismissal As To Defendants Liliya Yanovskaya And Bergamo Medical, PC by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 795
Letter From Cara A. Roecker, Dated 11/6/09, To The Hon. Steven M. Gold Re: Schedule For Expert Discovery by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 794
ANSWER to #241 Amended Complaint,,,,,, by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 793
TRANSCRIPT of Proceedings held on November 3, 2009, before Judge Gold. Court Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2009. Redacted Transcript Deadline set for 12/4/2009. Release of Transcript Restriction set for 2/1/2010. (Rocco, Christine)
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Minute Entry for Telephone Conference held on 11/3/2009 before Chief Magistrate Judge Steven M. Gold: Marks and Shapiro for plaintiff; Rosenberg for various defendants, including Mirka, A to Z, and AL Medical; Zilberg for various defendants, including Fair Price; and Furman for various defendants, including Milan and Palermo. (1) Various discovery rulings were made on the record with respect to the appearing defendants, granting in part and denying in part plaintiff's motion to compel filed September 22, 2009, docket entry 765. The waivers and documents ordered to be produced shall be provided within two weeks except where otherwise indicated on the record. Plaintiff may serve subpoenas on non-parties (settled defendants) as indicated on the record today. (2) By order dated October 22, 2009, scheduling today's telephone conference, I indicated that any party that failed to appear during today's conference call will be deemed to have consented to the relief sought by plaintiff. No defendant other than those represented by the three counsel indicated above -- Mr. Rosenberg, Mr. Zilberg and Mr. Furman -- submitted any opposition to plaintiff's motion or appeared for the conference. Accordingly, plaintiff's motion is granted in its entirety with respect to all defendants except those represented by Mr. Rosenberg, Mr. Zilberg or Mr. Furman. (3) Plaintiff's application to extend the time for providing an expert report to December 7 is granted. All other remaining dates are extended accordingly. Plaintiff shall promptly submit a letter setting forth the new remaining dates, including those for defendants' expert reports and any pre-motion conference application. (Tape #FTR 3:07-4:16.) (Vasquez, Lea)
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Filing 792
STIPULATION AND ORDER OF DISMISSAL: It is hereby Stipulated and agreed, by and between the undersigned, the attorneys of record for State Farm and Dfts, pursuant to Fed. R. Civ. P. 41(a)(2) that State Farm's claims against Dfts Eduard Koretsky, Lee Craig Nagourney, Alexandrite Medical Care, PC. and Almaz Medical Services, PC, are hereby voluntarily dismissed with prejudice. Ordered by Senior Judge Nina Gershon on 10/22/2009. (Abdallah, Fida)
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ORDER granting in part and denying in part #765 Motion to Compel. See minute entry and transcript of telephone conference held today for further details. Ordered by Chief Magistrate Steven M. Gold on 11/3/2009. (Gold, Steven)
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ORDER granting in part and denying in part #788 Motion to Compel. See minute entry and transcript for telephone conference held on October 28, 2009 for further details. Ordered by Chief Magistrate Steven M. Gold on 11/3/2009. (Gold, Steven)
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Minute Entry for Telephone Conference held on 10/28/2009 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff, Furman for defendants Laufer and Milan. Various discovery rulings on the record. Defendant shall produce the documents discussed today no later than November 13. The Laufer deposition is adjourned to November 24. Counsel shall agree on a new schedule for expert discovery and propose same to the court within one week. (Tape #FTR 5:32-6:52.) (Vasquez, Lea)
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Filing 791
TRANSCRIPT of Proceedings held on October 28, 2009, before Judge Gold. Court Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2009. Redacted Transcript Deadline set for 11/27/2009. Release of Transcript Restriction set for 1/25/2010. (Rocco, Christine)
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Filing 790
RESPONSE in Opposition re #788 Letter MOTION to Compel Defendants German Laufer and Milan Medical, P.C., from Cara A. Roecker, Dated 10.26.2009 filed by German Laufer. (Furman, Mark)
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ORDER re #788 Letter MOTION to Compel Defendants German Laufer and Milan Medical, P.C., from Cara A. Roecker, Dated 10.26.2009 filed by State Farm Mutual Automobile Insurance Company. THE COURT WILL HOLD A TELEPHONE CONFERENCE TO ADDRESS PLAINTIFF'S MOTION TO COMPEL DEFENDANTS LAUFER AND MILAN TO PRODUCE DISCOVERY AT 5:30 PM TODAY, OCTOBER 28, 2009. THE COURT REQUESTS THAT COUNSEL ARRANGE THE CONFERENCE CALL. Only the parties involved in the dispute are required to participate. Ordered by Chief Magistrate Steven M. Gold on 10/28/2009. (Gold, Steven)
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Filing 789
Letter to Honorable Gold by German Laufer, Milan Medical P.C. (Furman, Mark)
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Filing 788
Letter MOTION to Compel Defendants German Laufer and Milan Medical, P.C., from Cara A. Roecker, Dated 10.26.2009 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 (Document Requests and Interrogatories at Issue)) (Roecker, Cara)
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ORDER re #765 Letter MOTION to Compel And Request For Extension Of Time filed by State Farm Mutual Automobile Insurance Company : Plaintiff's motion to compel, Docket Entry 765, is pending before the Court. THE COURT WILL HOLD A TELEPHONE CONFERENCE TO ADDRESS ALL ASPECTS THE MOTION TO COMPEL THAT REMAIN IN DISPUTE AT 3:00 PM ON NOVEMBER 3, 2009. The Court assumes that all counsel are familiar with plaintiff's letter dated October 12, 2009, Docket Entry 782. Plaintiff's counsel will arrange the conference call. Failure to appear during the conference call will be deemed consent to the relief sought by plaintiff in its October 12, 2009 letter. Ordered by Chief Magistrate Steven M. Gold on 10/22/2009. (Gold, Steven)
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Filing 787
Letter Dated 10/20/09, To the Hon. Steven Gold In Response to Document 782 Filed by State Farm by Amaze Medical Supply, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Arkadi Chapiro a/k/a Shapiro, Fair Price Medical Supply, Corp., Lyubov Groysman, IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 786
STATUS REPORT on Status of All Defendants, from Cara A. Roecker, Dated October 15, 2009 by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 785
STIPULATION of Dismissal As To Eduard Koretsky, Lee Craig Nagourney, Alexandrite Medical Care, PC., and Almaz Medical Services, PC and Proposed Order by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 784
Letter to Honorable Gold by German Laufer, Milan Medical P.C. (Furman, Mark)
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Filing 783
Letter MOTION for Extension of Time to File Pre-Motion Requests by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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ORDER granting #783 Motion for Extension of Time to File without prejudice to any party's right to submit an objection, in which case the court may reconsider this ruling. The court is proceeding in this manner because the extension sought is of a deadline set to expire tomorrow. Ordered by Chief Magistrate Steven M. Gold on 10/14/2009. (Gold, Steven)
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Filing 782
Letter From Cara A. Roecker, Dated 10/12/09, To The Hon. Steven M. Gold Re: Clarification Of The Issues Surrounding State Farm's Motions To Compel Filed September 22, 2009 And October 5, 2009 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Attachment) (Roecker, Cara)
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Filing 781
Stipulation and Order dismissing Parties Belachy Supply, Inc. Emmanuel Jacobs, Isaak Yakubov (see order for details). Ordered by Senior Judge Nina Gershon on 10/5/2009. (Fernandez, Erica)
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Filing 780
ORDER re #772 Clerk's Entry of Default; At the request of plaintiff State Farm, dated 10/5/09, the court directs the Clerk of Court to vacate the notation of default issued against AL Medical. Ordered by Senior Judge Nina Gershon on 10/6/2009. (Fernandez, Erica)
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Filing 779
Letter 2 to to Judge Gold (correct version) by Bergamo Medical, PC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Liliya Yanovskaya (Furman, Mark)
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Filing 778
Letter to Judge Steven Gold by Bergamo Medical, PC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Liliya Yanovskaya (Furman, Mark)
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Filing 777
REPLY to Response to Motion re #765 Letter MOTION to Compel And Request For Extension Of Time and #773 Letter in opposition to plaintiff State Farm's letter seeking orders by Bergamo Medical, PC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Meridian Medical of NY, PC, Milan Medical, P.C., Palermo Medical, PC Liliya Yanovskaya and also Motion to Compel, Dated October 5, 2009, from Cara A. Roecker filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 776
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 10/5/2009, Requesting That The Court Vacate A Certificate Of Default Entered Against Defendant AL Medical and Surgical Supply, Inc. by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 775
ORDER denying the MOTION to Sever filed by Demitry Tsepenyuk, AYD Services, Inc., KLM Trading, Ltd., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman, #543 , #544 , #545 , as premature. In addition, plaintiff State Farm is directed to advise the court in writing within TWO WEEKS as to the status of each defendant named in the action. Ordered by Judge Nina Gershon on 10/1/2009. (Colorado, Chris)
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Filing 774
ORDER adopting Report and Recommendations of Magistrate Judge Gold #748 , denying, without prejudice, plaintiff's motion to freeze the assets of defendant Jacob Kagan. Ordered by Senior Judge Nina Gershon on 10/1/2009. (Colorado, Chris)
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Filing 773
Letter in opposition to plaintiff State Farm's letter seeking orders by Bergamo Medical, PC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Liliya Yanovskaya (Furman, Mark)
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Filing 772
Clerk's ENTRY OF DEFAULT as to Al Medical and Surgical Supply, Inc. Motions terminated: #600 MOTION for Entry of Default Regarding Defendant AL Medical from Cara A. Roecker, Dated 9.29.08 filed by State Farm Mutual Automobile Insurance Company. (Hamilton, Janet)
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Filing 771
RESPONSE in Opposition re #765 Letter MOTION to Compel And Request For Extension Of Time filed by Amaze Medical Supply, Inc., Igor Berlovich, Careplus Medical Supply, Inc., Arkadi Chapiro a/k/a Shapiro, Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Igor Kats, Vista Surgical Supplies, Inc.. (Certain, Gary)
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Filing 770
REPLY in Opposition re #765 Letter MOTION to Compel And Request For Extension Of Time filed by Jacob Kagan, Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 769
REPLY in Opposition re #765 Letter MOTION to Compel And Request For Extension Of Time filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. (Rosenberg, Bruce)
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Filing 768
REPLY in Opposition re #765 Letter MOTION to Compel And Request For Extension Of Time filed by AYD Services, Inc., A to Z Medical Supplies, Inc., KLM Trading, Ltd., Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, YAD Trading & Services, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Rosenberg, Bruce)
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Filing 767
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 9/25/2009 Re: Margarita Khalavsky and Graham Management Documents by State Farm Mutual Automobile Insurance Company (Attachments: #1 Attachment) (Roecker, Cara)
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Filing 766
NOTICE by State Farm Mutual Automobile Insurance Company re #765 Letter MOTION to Compel And Request For Extension Of Time RE: EXHIBITS 1-176 WILL BE FILED IN HARD COPY WITH THE COURT (Roecker, Cara)
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Filing 765
Letter MOTION to Compel And Request For Extension Of Time by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 764
ORDER denying, in their entirety, Docket Entries #474 , #483 and #526 , Motions for Judgment on the Pleadings and Motion to Dismiss. Ordered by Senior Judge Nina Gershon on 9/21/2009. (Colorado, Chris)
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Filing 763
Letter From Cara A. Roecker, Dated 9/9/09, To Counsel Re: The Deposition Of German Laufer Scheduled For September 10, 2009 Has Been Adjourned At Counsel's Request Made Today. No New Deposition Date Has Been Set. by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 762
Clerk's ENTRY OF DEFAULT as to Refuah Medical Rehabilitation, LLC,pursuant to Rule 55(a) of the Federal Rulesof Civil Procedure. (Hamilton, Janet)
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Filing 761
Clerk's ENTRY OF DEFAULT as to Eshel Medical Rehabilitation, LLC,pursuant to Rule 55(a) of the Federal Rulesof Civil Procedure. (Hamilton, Janet)
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Filing 760
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Application For A Certificate Of Default As To Defendant Refuah Medical Rehabilitation, LLC by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A To Shapiro Affidavit, #2 Request To Enter Default, #3 Proposed Notation Of Default) (Shapiro, Jay)
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Filing 759
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Application For A Certificate Of Default As ToDefendant Eshel Medical Rehabilitation, LLC by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A To Shapiro Affidavit, #2 Request to Enter Default, #3 Proposed Notation of Default) (Shapiro, Jay)
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ORDER re #758 Letter filed by State Farm Mutual Automobile Insurance Company: Plaintiff will serve its expert reports by October 1st. The time for seeking a pre-motion conference is extended to October 15th. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/31/2009. (Vasquez, Lea)
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Filing 758
Letter From Jay Shapiro, Dated 7/29/09, To the Hon. Steven M. Gold Requesting A Modification Of The Schedule That This Court Established On June 22, 2009 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 757
MOTION for Default Judgment as to defendants Model Supply, Inc. and Bohdar Vasechko; and Request For Calculation of Damages by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit B, #4 Exhibit C) (Shapiro, Jay)
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Filing 756
ORDER granting in part and denying in part #745 Motion for Default Judgment; Plaintiff's motion for default judgment with respect to defendants is granted with the amount of damages to be determined after further proceedings. Ordered by Senior Judge Nina Gershon on 7/2/2009. (Fernandez, Erica)
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Filing 755
TRANSCRIPT of Proceedings held on 7/1/09, before Judge Gold. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2009. Redacted Transcript Deadline set for 8/6/2009. Release of Transcript Restriction set for 10/5/2009. (Hong, Loan)
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Minute Entry for Discovery Hearing held on 7/1/2009 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff, Rosenberg and Zilberg for various defendants. Various discovery rulings on the record. Counsel are encouraged to write to the court if they seek a settlement conference, provided they first take the steps described on the record of today's proceedings. (Tape #FTR 3:03-3:59.) (Vasquez, Lea)
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Filing 754
RESPONSE to Discovery Request from Order of Magistrate Gold by Victoria Kagan. (Melamed, Abraham)
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Filing 753
STIPULATION of Dismissal As To Isaak Yakubov, Emmanuel Jacobs And Belachy Supply, Inc. by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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ORDER denying #747 Motion for Sanctions for the reasons and subject to the representations of counsel stated on the record during the discovery conference held today. Ordered by Chief Magistrate Steven M. Gold on 7/1/2009. (Gold, Steven)
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ORDER granting in part and denying in part #730 Motion to Compel for reasons stated on the record during the discovery conference held today, and without prejudice to plaintiff renewing the motion after the close of discovery under the circumstances discussed during that conference; denying as moot #735 Motion to Withdraw as Attorney in light of the settlement agreement reached with these defendants. Ordered by Chief Magistrate Steven M. Gold on 7/1/2009. (Gold, Steven)
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ORDER denying as moot #750 Motion for Reconsideration in light of statements of counsel made on the record during the discovery conference held today. Ordered by Chief Magistrate Steven M. Gold on 7/1/2009. (Gold, Steven)
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Filing 752
Letter re stipulation of settlement by Isaak Yakubov, Belachy Supply, Inc., Emmanuel Jacobs (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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SCHEDULING ORDER: The argument on plaintiff's motion to compel defendant Jacob Kagan to provide copies of certain recordings previously scheduled for July 2, 2009 will instead be held on July 1, 2009 at 3:00 p.m. Ordered by Chief Magistrate Steven M. Gold on 6/30/2009. (Miller, Ilana)
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Filing 751
REPLY in Opposition re #747 Letter MOTION for Sanctions Against Defendants Vladimir Nabutovsky AL Medical and Surgical Supply, Inc. and Mirka United, Inc. filed by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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Filing 750
Letter MOTION for Reconsideration by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A) (Shapiro, Jay)
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Filing 749
AFFIDAVIT of Service for Motion For Default Judgment Against Model Supply, Inc. and Bohdar Vasechko, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 748
REPORT AND RECOMMENDATIONS re #266 Motion to Freeze Assets of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company, respectfully recommending that plaintiff's renewed motion for an asset freeze against Jacob Kagan be denied, without prejudice to renewal based upon new evidence indicating that Kagan intends to frustrate enforcement of a judgment. In addition, I hereby order that Kagan produce the operating agreement for the LLC that holds title to the 390 Graham Avenue property, identify any bank or investment accounts of the LLC, and submit an affidavit from a person with knowledge stating whether the certificates issued on May 30, 2008 remain in effect and accurately reflect the entirety of current ownership interests in the LLC. This production shall be made forthwith, and in any event no later than July 15, 2009. Objections to R&R due by 7/15/2009. See attached R&R. Ordered by Chief Magistrate Steven M. Gold on 6/26/2009. (O'Connor, Erin)
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Filing 747
Letter MOTION for Sanctions Against Defendants Vladimir Nabutovsky AL Medical and Surgical Supply, Inc. and Mirka United, Inc. by State Farm Mutual Automobile Insurance Company. (Bernatowicz, Laura)
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Filing 746
AFFIDAVIT/DECLARATION in Support re #745 Notice of MOTION for Default Judgment as to Defendants Model Supply, Inc. and Bohdar Vasechko AFFIDAVIT OF JAY SHAPIRO IN SUPPORT filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit A-Part 3, #4 Exhibit A-Part 4, #5 Exhibit B, #6 Exhibit C, #7 Proposed Default Judgment) (Shapiro, Jay)
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Filing 745
Notice of MOTION for Default Judgment as to Defendants Model Supply, Inc. and Bohdar Vasechko by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 744
Letter From Jay Shapiro, Dated 6/22/09, To Counsel Regarding The Deposition Of Artur Klotsman by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 743
Letter re: deposition by Artur Klotsman (Rosenberg, Bruce)
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ORDER:This order addresses several issues raised by the parties in recent letter applications. 1) The application in plaintiff's letter dated May 22, 2009 (DE 726) to extend the date for expert reports to August 15 and the date for submission of pre-motion letters with respect to the parties anticipated motions for summary judgment stands unopposed and is hereby GRANTED; 2) The motion for reconsideration of my Order directing the continued depositions of Arkady Shapiro and Irina Kurin (DE 723) is TERMINATED AS MOOT in light of the parties' apparently having reached an agreement as indicated in the letter filed on May 29, 2009 (DE 731); 3) The court will hold a conference with respect to plaintiff's application concerning defendants Emmanuel Jacobs, Isaac Yakubov and Belachy Supply (DE 729). THE CONFERENCE WILL BE HELD AT 3:00 PM ON JULY 2, 2009. Defendants Emmanuel Jacobs, Isaac Yakubov and a principal with full authority to act on behalf of Belachy Supply must be present on pain of sanction, which may include a recommendation that a default judgment be entered. The application to be relieved made by counsel for these defendants (DE 735) will also be addressed at that time; 4) The court will hear argument on plaintiff's motion to compel defendant Jacob Kagan to provide copies of certain recordings (DE 730). THE ARGUMENT WILL BE HELD AT 3:00 PM ON JULY 2, 2009. 5)Plaintiff's motion seeking an order directing defendant Kagan to produce certain computer hard drives on pain of sanction (DE 711) is based on an order I issued on April 6, 2009 and is the subject of a pending appeal (DE 705). The motion will be held in abeyance pending a decision by the district court on the appeal. Similarly, plaintiff's motion for an order imposing fees and costs (DE 739) is based on an order I issued during a conference held on May 12, 2009. That order is also the subject of a pending appeal (DE 728), and this motion will also be held in abeyance pending a decision by the district court on the appeal. Ordered by Steven M. Gold. (Gold, Steven)
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NOTICE re #742 Letter, #743 Letter, #744 Letter: The Court has arranged for the June 25, 2009 deposition of Artur Klotsman to be held in Room 402 South at the courthouse, 225 Cadman Plaza East, Brooklyn. Counsel and the parties should proceed directly to the conference room. Plaintiff shall immediately notify Chambers if there is any change in the deposition date or time. (O'Connor, Erin)
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ORDER denying as moot #723 Motion to Vacate. Ordered by Chief Magistrate Steven M. Gold on 6/22/2009. (Gold, Steven)
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Filing 742
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 6/19/2009 Re: Continued Deposition Of Arthur Klotsman by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 741
REPLY in Opposition to State Farm's demand for Klotsman to Pay $2,487.99 filed by Artur Klotsman. (Rosenberg, Bruce)
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Filing 740
REPLY in Support re #728 Appeal of Magistrate Judge Decision to District Court filed by Artur Klotsman, KLM Trading, Ltd.. (Rosenberg, Bruce)
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Filing 739
Letter To The Hon.Steven M. Gold, From Laura A. Bernatowicz, Dated 6/10/2009 requesting that the Court order Mr. Klotsman to pay to State Farm fees and expenses pursuant to its May 12, 2009 Order. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Bernatowicz, Laura)
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Clerk's ENTRY OF DEFAULT as to Bohdar Vasechko, pursuant to Rule 55(a) of the Federal Rulesof Civil Procedure. (Hamilton, Janet)
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Filing 738
NOTICE by State Farm Mutual Automobile Insurance Company re #728 Appeal of Magistrate Judge Decision to District Court RESPONSE TO DEFENDANT ARTHUR KLOTSMAN'S OBJECTIONS PURSUANT TO FRCP 72 TO MAGISTRATE ORDER DATED MAY 12, 2009 (Attachments: #1 Exhibit A) (Bernatowicz, Laura)
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Filing 737
Letter From Jay Shapiro, Dated 6/8/09, To The Hon. Steven M. Gold Requesting The Court Deny The Motion Seeking An Order Granting Counsel's Withdrawal And Enforcement Of A Settlement by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 736
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 6/5/2009 Re: The Continued Deposition of Liliya Yanovskaya by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 735
MOTION to Withdraw as Attorney by Isaak Yakubov, Belachy Supply, Inc., Emmanuel Jacobs. (Rosenberg, Bruce)
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Filing 734
REPLY in Opposition re #730 MOTION to Compel Defendant To Produce Copies Of Recordings Of Telephone Conversations And/Or Meetings By The Government And/Or Transcripts Of These Recordings; With Exhibit A filed by Jacob Kagan. (Rosenberg, Bruce)
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Filing 733
REPLY in Opposition to State Farm's Motion to Compel depositions filed by Isaak Yakubov, Belachy Supply, Inc., Emmanuel Jacobs. (Rosenberg, Bruce)
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Filing 732
Letter Dated May 29, 2009, To The Hon. Steven Gold, Regarding The Non- Party Depositions of Dr. Sohn and Dr. Marmur by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 731
Letter Dated May 29, 2009, To The Hon. Steven Gold, In Further Support of Defendants' Careplus and Arkadi Shapiro Motion Requesting The Court Reconsider and Vacate Its May 14, 2009 Order by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 730
MOTION to Compel Defendant To Produce Copies Of Recordings Of Telephone Conversations And/Or Meetings By The Government And/Or Transcripts Of These Recordings; With Exhibit A by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 729
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 5/27/2009, Re: Supplement To Letter Dated 5/22/09 Concerning Status Of Outstanding Discovery Matters And Requesting An Order Directing That Defendants Yakubov and Jacobs Appear For Depositions by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 728
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Artur Klotsman (Rosenberg, Bruce)
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Filing 727
Letter From Jonathan L. Marks, Dated 5/26/09, To The Hon. Steven M. Gold In Response To The May 21, 2009 Letter From Defendants Careplus Medical Supply, Inc. And Arkady Shapiro by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 726
Letter From Jay Shapiro, Dated 5/22/09, To The Hon. Steven M. Gold Re: Review Of Outstanding Applications, Pending Discovery Items And Various Deadlines by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 725
Letter To The Hon. Steven Gold Dated May 21, 2009, In Reply To State Farm's Response To Arkadi Shapiro's Motion Requesting That The Court Reconsider and Vacate Its May 14, 2009 Order. by Igor Berlovich, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Attachments: #1 Exhibit) (Certain, Gary)
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Filing 724
Letter From Jay Shapiro, Dated 5/19/09, To The Hon. Steven M. Gold In Response To The Motion Of Arkadi Shapiro And Careplus Medical Supply, Inc. Requesting That The Court Reconsider And Vacate Its May 14th Order by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 723
Letter MOTION to Vacate / Reconsider The Court's May 14, 2009 Order by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc.. (Attachments: #1 Affidavit of Arkadi Shapiro) (Certain, Gary)
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Filing 722
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/28/2009, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. 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 6/8/2009. Redacted Transcript Deadline set for 6/18/2009. Release of Transcript Restriction set for 8/17/2009. (Sanders, Melanie)
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Minute Entry for Telephone Conference held on 5/15/2009 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff, Rosenberg for defendants Yakubov, Jacobs and Belachy Supply. Counsel report that they have agreed to the terms of a settlement agreement and resolved their disputes over language. Counsel expect to execute the agreement settling the plaintiff's claims against these defendants within one week and to file a stipulation discontinuing these claims shortly thereafter. (Vasquez, Lea)
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ORDER granting #718 Motion to Compel. On April 6, 2009, I directed defendant Careplus to provide an affidavit from its office manager or present her for deposition within 2 weeks. By letter dated May 8, 2009, plaintiff reports that the required affidavit has not been submitted, and seeks an order directing that Careplus' owner, Arkadi Shapiro, and its office manager, Iryna Kurin, submit to depositions of two hours each. The time for responding to a discovery application is three days. Local Civil Rule 37.3(c). No objection to plaintiff's application has been submitted. Accordingly, plaintiffs application is granted, and Careplus' owner, Arkadi Shapiro, and its office manager, Iryna Kurin, are hereby ordered to submit to depositions of two hours each. Ordered by Chief Magistrate Steven M. Gold on 5/14/2009. (Gold, Steven)
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Filing 721
Letter From Laura A. Bernatowicz, Dated 5/13/09, To The Hon. Steven M. Gold Regarding The Deposition Of Wolodymyr M. Starosolsky by State Farm Mutual Automobile Insurance Company (Bernatowicz, Laura)
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Minute Entry for Telephone Conference held on 5/12/2009 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff, Rosenberg for Belachy Supply, Jacobs and Yakubov. The parties will consider the court's suggestion with respect to the wording of a confession of judgment. The court will hold a telephone conference at 2:30 pm on Friday, May 15, with the conference call arranged by counsel, at which time they shall have considered whether the court's proposed language is acceptable to them. (Vasquez, Lea)
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Filing 720
Letter Dated May 12, 2009, To Hon. Judge Gold Regarding the Deposition of Dr. Ronen Marmur by Igor Berlovich, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Minute Entry for Telephone Conference held on 5/11/2009 before Chief Magistrate Judge Steven M. Gold: Shapiro for plaintiff, Rosenberg for defendant. Plaintiff's discovery motion with respect to the deposition of Klotsman, made by letter filed under seal dated May 5 and opposed by docket entry 717, is granted. The deposition will be reconvened on May 20 at 10 am unless counsel agree on another date and/or time by May 15. For the reasons stated on the record during this conference, and more specifically because defendant Klotsman refused to answer a proper question at his deposition, and left the deposition before it was completed but while there was sufficient time to complete the deposition during the course of the afternoon, defendant Klotsman is hereby ordered pursuant to Federal Rule of Civil Procedure 37(a)(5) to pay the court reporter and interpreter fees incurred by plaintiff for the deposition session held on May 1, as well as the attorney's fees incurred by plaintiff in connection with that deposition session and submitting and arguing the instant motion. Klotsman's duty to make these payments is stayed pending the outcome of any appeal he timely brings from this order. Finally, there does not appear to be any confidential information in plaintiff's May 5 letter or the exhibit attached to it. Accordingly, absent any objection by letter filed by May 14, plaintiff shall file the document with the court and not under seal. (Tape #FTR 1:55-2:05.) (Vasquez, Lea)
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Filing 719
Letter From Jay Shapiro, Dated 5/11/09, To The Hon. Steven M. Gold In Response To The Application Submitted By Defendants Emmanuel Jacobs, Isaac Yakubov And Belachy Supply Seeking A Court Conference To Discuss Settlement by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 718
Letter MOTION to Compel Depositions Of Arkadi Shapiro and Iryna Kurin by State Farm Mutual Automobile Insurance Company. (Bernatowicz, Laura)
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Filing 717
REPLY in Opposition to State Farm's motion for Sanctions re: Klotsman Deposition filed by Artur Klotsman. (Rosenberg, Bruce)
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Filing 716
Letter requesting settlement conference by Isaak Yakubov, Belachy Supply, Inc., Emmanuel Jacobs (Rosenberg, Bruce)
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Filing 715
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 5/5/2009 Requesting that the Court order specific relief be granted as a result of the failure of Arthur Klotsman and his counsel Bruce Rosenberg to participate in a court ordered continued deposition by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Service) (Shapiro, Jay)
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Filing 714
REPLY in Opposition to State Farm's Motion for Monetary Sanctions filed by Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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ORDER re #712 Letter filed by State Farm Mutual Automobile Insurance Company. The application to re-schedule the continuation of the deposition of defendant Liliya Yanovskaya is GRANTED. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/1/2009. (Vasquez, Lea)
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Filing 713
Appellant's REPLY BRIEF by Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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ORDER granting in part and denying in part #671 Motion to Compel, as stated on the record during the proceedings held on April 28, 2009. Ordered by Chief Magistrate Steven M. Gold on 4/29/2009. (O'Connor, Erin)
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ORDER granting #684 Motion to Compel with respect to Dr. Sohn only, as stated on the record of the proceedings held on April 28, 2009. Ordered by Chief Magistrate Steven M. Gold on 4/29/2009. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 4/28/2009 re #671 Letter MOTION to Compel filed by State Farm Mutual Automobile Insurance Company, #684 Letter MOTION to Compel Non - Party Dr. Ronen Marmur, Dr. Robert Sohn and Medata, Inc., To Produce Subpoenaed Records and Appear for Depositions; as well as an Extension of the April 1, 2009 Discovery Deadline filed by Careplus Medical Supply, Inc., Vista Surgical Supplies, Inc., Lyubov Groysman, Amaze Medical Supply, Inc., Igor Kats, Arkadi Chapiro a/k/a Shapiro, Igor Berlovich, IVB Medical Supply, Inc., Fair Price Medical Supply, Corp. Shapiro for plaintiff, Zilberg for various defendants, Rosen for non-party Ifraimoff, Wiesner for non-party Strosolsky, Tarpey for non-party Sohn. Various discovery rulings rendered, granting the pending motions to compel discovery concerning non-parties only in part and subject to various limitations as stated in detail on the record. The discovery discussed today shall be completed by May 28. (Tape #FTR 3:59-4:09, 4:17-4:33, 4:43-5:09.) (Vasquez, Lea)
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Filing 712
Letter From Jay Shapiro to The Honorable Steven M.Gold dated 4/28/09 Regarding Rescheduling the Continuation of the Deposition of Defendant Liliya Yanovskaya by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 711
Letter To The Hon.Steven M. Gold, From Laura A. Bernatowicz, Dated 4/28/2009 RE: J. Kagan has failed to comply with the April 6, 2009 Order and thus State Farm submits this request to obtain compliance by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B) (Bernatowicz, Laura)
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Filing 710
NOTICE by State Farm Mutual Automobile Insurance Company re #705 Appeal of Magistrate Judge Decision to District Court, RESPONSE IN OPPOSITION Re: Jacob Kagan and Mirka United's Objections Pursuant to Fed. R. Civ. P. 72 to Magistrate's Order Dated April 6, 2009. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Bernatowicz, Laura)
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Filing 709
Letter From Jay Shapiro, Dated 4/23/09, To Magistrate Judge Steven M. Gold Regarding Response To Defendants' Application For Discovery Of State Farm's Internal Documents Relating To Peer Reviews. by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 708
RESPONSE in Opposition re #671 Letter MOTION to Compel Production In Response to Subpoena filed by Wolodymyr M. Starosolsky. (Attachments: #1 Exhibit A, #2 Exhibit B) (Wiesner, Neal)
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Filing 707
NOTICE by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc., Emmanuel Jacobs, Jacob Kagan (Rosenberg, Bruce)
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Filing 706
Letter From Jay Shapiro to Cheif Magistrate Judge Steven M. Gold Dated 4/17/09 Regarding Deposition of Emmanuel Jacobs by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 705
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Mirka United, Inc., Jacob Kagan re Order on Motion to Compel,,,,, Order on Motion for Protective Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Discovery Hearing,,,,,,,,,,, #702 Response in Opposition to Motion (Rosenberg, Bruce)
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Filing 704
TRANSCRIPT of Civil Cause for Discover Hearing held on 4/6/2009, before Judge Gold. Court Transcriber Typewrite Word Processing, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2009. Redacted Transcript Deadline set for 5/11/2009. Release of Transcript Restriction set for 7/8/2009. (Toribio, Winnethka)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Discovery Hearing held on 4/6/2009. Shapiro for plaintiff; Zillberg for Groitzman, Fair Price, et al.; Rosenberg for Klotsman Defendants, J. Kagan, et al.; Furman for Bergamo Medical, Milan et al.; Soroka for non-party Metro Medical; Leemon for non-party McNally. Various discovery rulings on the record, including the following orders: 1) Any motion to compel discovery of Metro Medical shall be made by April 20th, opposition due May 18th, and reply due May 25th. Any such motion must include a showing that there exists a good faith basis that the information sought is relevant to material issues in this case and that the subpoena complies with this court's 2/11/09 Minute Entry Order. 2) Defendant's motion, Docket Entry 669, is denied for reasons stated on the record. 3) Plaintiff's motion, Docket Entry 672, is granted. Any defendant identified in plaintiff's motion shall comply within one week on pain of sanction. 4) With respect to defendants' omnibus discovery motions, Docket Entries 677 and 693, plaintiff shall produce Ingenix documents and a 30(b)(6) witness concerning software. Plaintiff shall submit a letter by 4/13 stating the date of the 30(b)(6) deposition. Other rulings stated on the record. 5) Plaintiff shall produce the State Farm memoranda described by Mr. Rosenberg, or submit a letter explaining why it objects to production, within 2 weeks of Mr. Rosenberg providing to plaintiff a letter more specifically identifying the memo he seeks. 6) Defendants' application for MedPay discovery is denied without prejudice to defendants' right to make a formal motion that includes defendants' good faith basis for contending the information is relevant. 7) Counsel are reminded that discovery of non-parties involved in peer reviews is limited in scope to the pricing issues relevant to this action. No Mallela questions, or questions concerning medical examinations conducted on behalf of insurance companies, may be asked of non-party doctors at their depositions. Plaintiff may move for costs or sanctions if this ruling is violated. 8) Kagan shall obtain a copy of the computer hard drive(s) discussed on the record today and retained by the AG and provide copies to plaintiff within 2 weeks. Plaintiff may move for sanctions if Kagan fails to comply. 9) Careplus shall provide an affidavit from its office manager or submit to her deposition within 2 weeks. The conference scheduled for April 28, 2009 is to address State Farm's motion to compel non-parties, Docket Entry 671, and, upon further application, defendants' motion to compel non-parties, Docket Entry 684. Only State Farm and the non-parties that are the subject of the motions are required to attend. (Tape #11:12-11:27; 11:33-1:08. Recorded in Courtroom 11B.) (O'Connor, Erin)
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ORDER denying as moot #665 Motion to Compel -- Defendants and non-party McNally have resolved the issue; denying #669 Motion to Compel; granting #672 Motion to Compel; granting in part and denying in part, as stated on the record, #677 Motion to Compel; terminating #684 Motion to Compel -- Defendants withdraw their motion with respect to Dr. Marmur. With respect to Dr. Sohn, the motion shall be heard at the conference scheduled for April 28, 2009, or at a mutually convenient date proposed by defendants. Defendants may request that the conference be held by telephone; granting, to the extent stated on the record, #685 Motion for Protective Order; granting in part and denying in part, as stated on the record, #693 Motion to Compel; granting #694 Motion to Compel -- The court notes that the motion also included an application for a date for the deposition of defendant Klotsman. The Klotsman deposition shall be held on May 1, 2009, unless, by April 15, 2009, the parties submit a letter agreeing to an alternate date; granting, to the extent stated on the record, #695 Motion to Compel. Ordered by Chief Magistrate Steven M. Gold on 4/6/2009. (O'Connor, Erin)
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Filing 703
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 4/3/2009 Re: identify topics for the status conference scheduled for April 6, 2009 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 702
RESPONSE in Opposition re #694 Letter MOTION to Compel Jacob Kagan To Provide State Farm With Outstanding Responsive Documents filed by Artur Klotsman, Jacob Kagan. (Rosenberg, Bruce)
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Filing 701
Letter requesting pre motion conference by non party to quash supboena with EXHIBITS by Metro Medical Services LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Soroka, Michael)
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Filing 700
Letter to Judge Gold concerning the deposition of Frank McNally by Frank McNally (Leemon, Scott)
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Filing 699
RESPONSE in Opposition re #671 Letter MOTION to Compel Nonparty Elliot Ifraimoff, Esq. filed by Elliott Ifraimoff. (Rosen, Michael)
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Filing 698
Letter From Jay Shapiro, Dated 4/2/09, To The Hon. Steven M. Gold In Response To The Motion To Compel Dated March 30, 2009 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Shapiro, Jay)
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Filing 697
Letter requesting pre motion conference by non party to quash subpoena by Metro Medical Services LLC (Soroka, Michael)
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Filing 696
RESPONSE in Opposition re #695 Letter MOTION to Compel Defendants Careplus Medical Supply, Inc. And Arkadi Shapiro To Produce All Additional Documents Responsive To State Farm's Discovery Demands filed by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc.. (Certain, Gary)
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Filing 695
Letter MOTION to Compel Defendants Careplus Medical Supply, Inc. And Arkadi Shapiro To Produce All Additional Documents Responsive To State Farm's Discovery Demands by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Shapiro, Jay)
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Filing 694
Letter MOTION to Compel Jacob Kagan To Provide State Farm With Outstanding Responsive Documents by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Shapiro, Jay)
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Filing 693
MOTION to Compel Person with Most Knowlege regarding computer software, documents regarding computer software and statistical information regards medical payment insurance and coverage by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Isaak Yakubov, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc., Emmanuel Jacobs, Jacob Kagan. (Rosenberg, Bruce)
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Filing 692
REPLY in Opposition re #685 Letter MOTION for Protective Order filed by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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Filing 691
NOTICE of Appearance by Michael Rosen on behalf of Elliott Ifraimoff (aty to be noticed) (Rosen, Michael)
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ORDER deferring ruling on #684 Motion to Compel. The scope and extent of any extension of discovery will be addressed at the conference scheduled for April 6, 2009. Ordered by Chief Magistrate Steven M. Gold on 3/30/2009. (O'Connor, Erin)
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ORDER granting #687 Motion to Adjourn Conference. The court will hear State Farm's motion to compel, Docket Entry 671, at 4:00 p.m. on April 28, 2009. State Farm shall notify all non-parties that are the subject of its motion of the new date and time. The conference scheduled for April 6, 2009 will proceed as scheduled to address all other outstanding discovery disputes that are fully briefed. Ordered by Chief Magistrate Steven M. Gold on 3/30/2009. (O'Connor, Erin)
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Filing 690
NOTICE of Appearance by Bruce S. Rosenberg on behalf of Emmanuel Jacobs (aty to be noticed) (Rosenberg, Bruce)
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Filing 689
NOTICE of Appearance by Bruce S. Rosenberg on behalf of Isaak Yakubov (aty to be noticed) (Rosenberg, Bruce)
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Filing 688
RESPONSE to Motion re #684 Letter MOTION to Compel Non - Party Dr. Ronen Marmur, Dr. Robert Sohn and Medata, Inc., To Produce Subpoenaed Records and Appear for Depositions; as well as an Extension of the April 1, 2009 Discovery Deadline filed by Robert Sohn. (Tarpey, Colleen)
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Filing 687
Letter MOTION to Adjourn Conference and Briefing Dates by Wolodymyr M. Starosolsky. (Wiesner, Neal)
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Filing 686
NOTICE of Appearance by Neal Eugene Wiesner on behalf of Wolodymyr M. Starosolsky (aty to be noticed) (Wiesner, Neal)
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Filing 685
Letter MOTION for Protective Order by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of Service) (Shapiro, Jay)
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Filing 684
Letter MOTION to Compel Non - Party Dr. Ronen Marmur, Dr. Robert Sohn and Medata, Inc., To Produce Subpoenaed Records and Appear for Depositions; as well as an Extension of the April 1, 2009 Discovery Deadline by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Certain, Gary)
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Filing 683
Letter To The Hon. Steven M. Gold, From Jay Shapiro Dated March 19, 2009, which responds to the March 12, 2009 letter filed by Defendants Vladimir Nabutovsky, Jacob Kagan, Arthur Klotsman, Yacov Moin, Demitry Tsepenyuk, AL Medical and Surgical Supply, Inc., A to Z Medical Supplies, Inc., AYD Services, Inc., Belachy Supply, Inc., KLM Trading Ltd., and Mirka United, Inc. (Defendants) and their letter of March 19, 2009--- by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B) (Shapiro, Jay)
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Filing 682
REPLY in Support re #677 MOTION to Compel State Farm re deposition transcripts filed by Artur Klotsman, Yacov Moin, A to Z Medical Supplies, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc.. (Rosenberg, Bruce)
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Filing 681
Letter To The Hon. Steven M. Gold, From Jay Shapiro Dated 3/18/2009, Withdrawing Motion To Compel As To Tanya Gendelman, by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Shapiro, Jay)
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Filing 680
Letter re: Grafman Deposition starting at 11:00 am by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc., Jacob Kagan (Rosenberg, Bruce)
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Filing 679
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/11/2009, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. 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 4/7/2009. Redacted Transcript Deadline set for 4/17/2009. Release of Transcript Restriction set for 6/15/2009. (Sanders, Melanie)
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Filing 678
RESPONSE to Motion re #671 Letter MOTION to Compel Alla Raysin to Produce Subpoenaed records. filed by Alla Raysin. (Raysin, Allan)
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Filing 677
MOTION to Compel State Farm by Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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Filing 676
RESPONSE to Motion re #669 MOTION to Compel production of copies of deposition transcripts from State Farm in Support thereof filed by Victoria Kagan. (Melamed, Abraham)
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Filing 675
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 3/16/2009 in response to the letter of defendants Kagan, Nabutovsky, Moin, Tsepenyuk, Klotsman, their related companies, and Belachy Supply (Defendants) filed on March 12, 2009--- by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Shapiro, Jay)
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Filing 674
Letter to Judge Gold requesting 72 hours to respond to subpoena issues by Frank McNally (Leemon, Scott)
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Filing 673
NOTICE of Appearance by Scott E. Leemon on behalf of Frank McNally (aty to be noticed) (Leemon, Scott)
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SCHEDULING ORDER: The court will hold an in-person conference to address all outstanding discovery motions at 11:00 a.m. on April 6, 2009. Counsel are urged to work together to see that all discovery disputes are fully briefed and submitted by April 2, and to alert all non-parties involved in any pending motions of the date and time for the conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/16/2009. (Vasquez, Lea)
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Filing 672
Letter MOTION to Compel by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bernatowicz, Laura)
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Filing 671
Letter MOTION to Compel by State Farm Mutual Automobile Insurance Company. (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 Affidavit of Service) (Shapiro, Jay)
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Filing 670
Letter Dated March 13, 2009, To The Hon. Steven M. Gold, Regarding the Status of Depositions by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 669
MOTION to Compel production of copies of deposition transcripts from State Farm by Yacov Moin, A to Z Medical Supplies, Inc., KLM Trading, Ltd., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Motion Hearing held on 3/11/2009 re #659 Letter MOTION to Compel filed by State Farm Mutual Automobile Insurance Company. Shapiro for plaintiff, Rosenberg for various defendants, Rudgayzer for non-party Boyko. Plaintiff's motion to compel discovery from Boyko is granted, subject to the limitations set forth on the record of today's proceedings. The court attempted to reach Dr. McNally, who is the subject of a motion to compel (docket entry 665) brought by various defendants, but was unable to do so. The moving defendants may submit a letter by March 16 seeking an order granting their motion as unopposed if arrangements to depose Dr. McNally have not by then been made. (Tape #FTR 11:09-11:49.) (Vasquez, Lea)
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Filing 668
Letter Dated March 11, 2009, To The Hon. Steven M. Gold, Regarding the Status Of Depositions by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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ORDER granting #659 Motion to Compel subject to the limitations set forth on the record of today's proceedings. Ordered by Chief Magistrate Steven M. Gold on 3/11/2009. (Gold, Steven)
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Filing 667
NOTICE by YAD Trading & Services, Inc. Notice of subpoena and subpoena for Metro Medical Services, LLC (Rosenberg, Bruce)
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Filing 666
NOTICE by Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Belachy Supply, Inc., Mirka United, Inc. Notice of Subpoena and Subpoena for Preferred Consulting Services, Inc. (Rosenberg, Bruce)
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Filing 665
MOTION to Compel non-party Frank McNally, D.C. by Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc., Vladimir Nabutovsky, Belachy Supply, Inc., Mirka United, Inc., Jacob Kagan. (Rosenberg, Bruce)
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Filing 664
Letter re: substitution of counsel by Mirka United, Inc. (Rosenberg, Bruce)
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ORDER re #659 Letter MOTION to Compel filed by State Farm Mutual Automobile Insurance Company, #663 Response in Opposition to Motion filed by Yekaterina Boyko: The court will hold an in-person conference to address the dispute between plaintiff and non-party Boyko and Associates, P.C., reflected in docket entries 659 and 663, at 11 am on March 10, 2009.. Although the matter is of course open to any who choose to attend, only counsel for plaintiff and Boyko are directed to be present. Counsel for plaintiff shall advise Boyko's counsel of the date and time for the conference. Ordered by Chief Magistrate Steven M. Gold on 3/6/2009. (Gold, Steven)
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NOTICE: Pursuant to plaintiff's telephonic request, the motion hearing previously scheduled for March 10, 2009 will be held instead at 11:00 a.m. on March 11, 2009. As indicated previously, only counsel for plaintiff and non-party Boyko are required to attend. (O'Connor, Erin)
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Filing 663
RESPONSE in Opposition re #659 Letter MOTION to Compel filed by Yekaterina Boyko. (Rudgayzer, Albert)
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Filing 662
NOTICE of Appearance by Laura A. Bernatowicz on behalf of State Farm Mutual Automobile Insurance Company (aty to be noticed) (Bernatowicz, Laura)
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Filing 661
NOTICE of Appearance by Bruce S. Rosenberg on behalf of Belachy Supply, Inc. (aty to be noticed) (Rosenberg, Bruce)
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Filing 660
Letter re Re-Notice of deposition for Semion Grafman by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Mirka United, Inc., Jacob Kagan (Rosenberg, Bruce)
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Filing 659
Letter MOTION to Compel by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit of Service) (Shapiro, Jay)
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Filing 658
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/11/2009, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. 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 3/23/2009. Redacted Transcript Deadline set for 4/2/2009. Release of Transcript Restriction set for 6/1/2009. (Sanders, Melanie)
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Filing 657
Letter Corrected Dated February 26, 2009, To Hon. Steven M. Gold Regarding The Status Of Depositions Noticed by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 656
Letter Dated February 26, 2009, To Hon. Steven M. Gold Regarding The Status Of Depositions Noticed by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 655
TRANSCRIPT of Proceedings held on February 20, 2009, before Judge Gold. Court Transcriber Typewrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/26/2009. (Rocco, Christine)
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ORDER granting #654 Motion for Laura A. Bernatowicz Leave to Appear Pro Hac Vice provided the necessary fees associated with this application are promptly paid to the Clerk's Office. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/25/2009. (Vasquez, Lea)
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Filing 654
Notice of MOTION for Leave to Appear Pro Hac Vice For Laura A. Bernatowicz by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support w/Exhibit, #2 Proposed Order) (Shapiro, Jay)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 2/20/2009. Shapiro for plaintiff, Greenberg for Mirka, Rosenberg for Kagan et al, Zilberg for various defendants and non-party Bath Medical. (1) The defendants and non-party represented by Mr. Zilberg having produced documents and tax waivers, plaintiff's letter applications for discovery relief have been rendered moot. Plaintiff reserves the right to make an appropriate motion if, after reviewing these discovery responses, deficiencies remain. (2) Defendant Jacob Kagan having waived any conflict of interest in having Mr, Rosenberg represent Mirka, the corporation of which he states he is a principal, and Mr. Kagan personally, Mr, Rosenberg may file a notice substituting himself for Mr. Greenberg as counsel for Mirka. This order is entered without prejudice to the right of any party to move to disqualify Mr. Rosenberg by formal motion and upon an appropriate showing. (3) Counsel for Mara did not appear. A telephone message was left on the record by the court informing counsel that he remains in the case and is responsible for responding to any outstanding discovery demands. (Tape #FTR 10:10-10:43.) (Vasquez, Lea)
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Filing 653
Letter Deposition Schedule Update by Vista Surgical Supplies, Inc. (Certain, Gary)
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ORDER granting #611 Motion to Compel; granting in part and denying in part #635 Motion for Extension of Time to Complete Discovery; granting in part and denying in part #636 Motion for Extension of Time to Complete Discovery; granting #637 Motion to Compel; granting in part and denying in part #639 Motion for Extension of Time to Complete Discovery; terminating as moot #641 Motion to Quash. See Minute Entry for conference held on Feb. 11, 2009. Ordered by Chief Magistrate Steven M. Gold on 2/12/2009. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Status Conference held on 2/11/2009.Shapiro for plaintiff; Pinczewski for Jacobs, Yakubov, Balachy; Cardenas for Grafman, Schultz, et al.; Melamed for V. Kagan; Resnick for Arbov and Vitoukh; Kaplan for Vitouk and Mara; Greenberg for Mara; Auliciano from Gallet Dreyer; Rosenberg for Klotsman Defendants and J. Kagan; Zilberg for Groitzman, et al.; Furman by telephone for Bergamo Medical, et al. Various discovery rulings on the record, including the following orders: 1) Mr. Pinczewski's motion to be relieved is granted; 2) Mr. Greenberg's application to be relieved, made during today's conference, will be heard at 10:00 am on February 20, 2009. Principals must be present; 3) Non-party Bath Medical is directed to show cause why it should not be held in contempt at 10:00 am on February 20, 2009. Principals must be present; 4) Plaintiff's motion to compel tax returns, Docket Entry 637, is granted. Those defendants identified in Docket Entry 637 are directed to show cause why they should not be held in contempt at 10:00 am on February 20, 2009; 5) With respect to Mr. Rosenberg's application for depositions of State Farm employees, Docket Entry 645 Request #3, State Farm shall produce employee(s) with knowledge of the specified computer programs and what information the programs provided State Farm employees when they reviewed the claims, and in particular, what information did it provide with respect to the reasonableness of the price of DME reimbursement that was sought. The court sets the following discovery schedule: 1) All outstanding demanded documents shall be produced within 30 days. Any motion with respect to production shall be made within 30 days. 2) Further depositions are limited to those already noticed or those that could not reasonably be anticipated absent discovery that has not yet taken place. Any new deposition notices shall be served by April 1, 2009 and the depositions completed by May 1, 2009. When serving these notices, the party shall explain the basis for the late notice. 3) Any depositions already noticed shall be completed by April 1, 2009. 4) Plaintiff shall serve any expert reports by June 15, 2009; any defendants' responsive expert report is due August 3, 2009. 5) Premotion conference applications with respect to any summary judgment motion shall be made by June 1, 2009. (Tape #2:14 - 4:12.) (O'Connor, Erin)
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Filing 652
Letter in response to docket #651, letter from Jay Shapiro dated February 10, 2009 regarding status conference by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Jacob Kagan (Rosenberg, Bruce)
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Filing 651
Letter From Jay Shapiro, Dated 2/10/09, To The Hon. Steven M. Gold Regarding State Farm's Response To The February 6, 2009 Letter To The Court From Counsel For Defendants Artur Klotsman, Jacob Moin, Dmitry Tsepenyuk And Vladimir Nabutovsky And Their Appropriate Related Corporate Entities Concerning The Status Conference Scheduled For February 11, 2009 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 650
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 2/9/2009, Regarding The Conference Scheduled For 2/11/2009; With Attachment by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 649
Letter To Hon. Steven M. Gold Pursuant to the Order of January 28, 2009 to Propose a Scope for Extended Discovery by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 648
Letter From Jay Shapiro, Dated 2/6/09, To The Hon. Steven M. Gold Regarding Topics For The Status Conference Scheduled For February 11, 2009 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 647
Letter From Jay Shapiro, Dated 2/6/09, To The Hon. Steven M. Gold In Reply To Defendants Arthur Klotsman, Yacov Moin, Dmitry Tsepenyuk, A To Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Jacob Kagan, Vladimir Nabutovsky And AL Medical And Surgical Supplies, Inc's. Letter Dated Februrary 2, 2009 ; With Exhibits A-D by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 646
Letter pursuant to Judge Gold's Order of 1/28/09, previously misfiled as MOTION by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Jacob Kagan (Rosenberg, Bruce)
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Filing 645
MOTION for Extension of Time to Complete Discovery by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Jacob Kagan. (Rosenberg, Bruce)
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Filing 644
RESPONSE in Opposition re #641 Letter MOTION to Quash The Zilberg Defendants' Subpoena For The Deposition Of a Medata, Inc. Representative And Re: Second Deposition Of David Shaw And Craig Benov filed by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc.. (Certain, Gary)
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ORDER terminating as moot #645 Motion for Extension of Time to Complete Discovery. Incorrectly filed as a motion; refiled as Docket Entry 646. Ordered by Chief Magistrate Steven M. Gold on 2/6/2009. (O'Connor, Erin)
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ORDER terminating as moot 634 Motion to Compel. This motion was refiled -- see Docket Entry 637. Ordered by Chief Magistrate Steven M. Gold on 2/5/2009. (O'Connor, Erin)
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ORDER terminating as moot #640 Motion to Quash. This motion was refiled -- see Docket Entry 641. Ordered by Chief Magistrate Steven M. Gold on 2/5/2009. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold: Telephone Conference held on 2/4/2009. Shapiro for plaintiff, Rosenberg for Kagan, et al., Zilberg for Fair Price, et al. Telephone call from deposition of Bohn, State Farm employee. Ruling stated on the record of the deposition. (O'Connor, Erin)
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Filing 643
RESPONSE in Opposition re #640 Letter MOTION to Quash The Zilberg Defendants' Subpoena For The Deposition Of a Medata, Inc. Representative And Re: Second Deposition Of David Shaw And Craig Benov, #641 Letter MOTION to Quash The Zilberg Defendants' Subpoena For The Deposition Of a Medata, Inc. Representative And Re: Second Deposition Of David Shaw And Craig Benov filed by Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Jacob Kagan. (Attachments: #1 Exhibit) (Rosenberg, Bruce)
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Filing 642
NOTICE by State Farm Mutual Automobile Insurance Company / Response To Defendants Artur Klotsman's, Yacov Moin's, Dmitry Tsepenyuk's, A To Z Medical Supplies, Inc.'s, AYD Services, Inc.'s, KLM Trading, LTD's And YAD Trading & Services, Inc.'s' Notice Of Supplemental Authority In Support Of Their Pending Motion To Dismiss (Roecker, Cara)
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Filing 641
Letter MOTION to Quash The Zilberg Defendants' Subpoena For The Deposition Of a Medata, Inc. Representative And Re: Second Deposition Of David Shaw And Craig Benov by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 640
Letter MOTION to Quash The Zilberg Defendants' Subpoena For The Deposition Of a Medata, Inc. Representative And Re: Second Deposition Of David Shaw And Craig Benov by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 639
First MOTION for Extension of Time to Complete Discovery by Semion Grafman. (Cardenas, Jude)
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ORDER: Absent any objections filed by close of business Friday, January 30, 2009, the time for discovery will be extended. Any disputes with respect to the duration and scope of the extension must be stated in a letter filed no later than 3 business days prior to the next scheduled conference and will be addressed at that time. Counsel are reminded that the next conference is scheduled for 2:00 p.m. on February 11, 2009. Ordered by Chief Magistrate Steven M. Gold on 1/28/2009. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Settlement Conference held on 1/26/2009. Shapiro for plaintiff, Furman for defendants Bergamo, Ianovska, Maximova and Meridian. Settlement discussions held. Counsel will file a stipulation adjourning the deposition of defendant Maximova while their discussions are continuing. (Vasquez, Lea)
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Filing 638
Letter to Chief Magistrate Judge Gold by Bergamo Medical, PC, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, German Laufer, Eleanor Lipovsky (Furman, Mark)
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Filing 637
Letter MOTION to Compel Non-Party Bath Medical And Defendants To Execute Tax Return Waivers Or Produce Tax Documents, Dated January 21, 2009, From Cara A. Roecker by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 636
Letter MOTION for Extension of Time to Complete Discovery / Extend Period For Filing Discovery Motions Attributable To The Attorney General's Production by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 635
First MOTION for Extension of Time to Complete Discovery / File Motion to Extend Discovery Deadline by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc.. (Certain, Gary)
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Filing 633
NOTICE by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc. of Supplemental Authority in Support of Defendants' Motion to Dismiss and Sever (Attachments: #1 Exhibit A) (Rosenberg, Bruce)
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ORDER re #630 Letter filed by Belachy Supply, Inc. The court will hear Mr. Pinczewski'a letter application dated December 22, and address the concerns set forth in plaintiff's letter dated January 13, 2009, docket entry 632, at the conference previously scheduled for February 11, 2009. Defendants Yakubov and Jacobs, and a principal authorized to speak on behalf of defendant Balachy Medical Supply, Inc., must be present in person at the conference. Ordered by Chief Magistrate Steven M. Gold on 1/15/2009. (Gold, Steven)
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Filing 632
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 1/13/2009 In response to Mr. Benjamin M. Pinczewskis request to withdraw as counsel for defendants Isaac Yakubov, Emmanuel Jacobs and Belachy Supply, Inc., by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 631
Letter To Honorable Judge Gold Regarding Rule 56 Motion by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Igor Kats, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 630
Letter Requesting Withdrawal by counsel by Belachy Supply, Inc. (Pinczewski, Benjamin)
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Filing 629
TRANSCRIPT of Proceedings held on December 12, 2008, before Judge Gold. Court Transcriber Typewrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/12/2009. Redacted Transcript Deadline set for 1/22/2009. Release of Transcript Restriction set for 3/23/2009. (Rocco, Christine)
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Filing 628
Appellant's REPLY BRIEF by Artur Klotsman, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 627
MEMORANDUM in Opposition re #622 Appeal of Magistrate Judge Decision to District Court from Cara A. Roecker, Dated December 15, 2008 filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 6) (Roecker, Cara)
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Filing 626
Letter to Judge per telephone conference of 12-12-08 by Mirka United, Inc., Jacob Kagan (Rosenberg, Bruce)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 12/12/2008. Shapiro for plaintiff, Azrin and Rosenberg for Kagan and Mirka. Mr. Rosenberg will submit a letter by December 15 addressing the representation questions raised during the conference held today. (Tape #FTR 3:31-3:48.) (Vasquez, Lea)
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Filing 625
STIPULATION of substitution of counsel by Mirka United, Inc. (Rosenberg, Bruce)
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ORDER granting #624 Motion to Compel after conferring by telephone with counsel for plaintiff and defendant Maksumova at 4:45 pm today. Defendant shall produce the demanded authorization no later than 11:00 am on December 12. Ordered by Chief Magistrate Steven M. Gold on 12/10/08. (Gold, Steven)
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Filing 624
Letter MOTION to Compel Zoya Maksumova to execute and provide to the New York Attorney Generals (AG) office a release allowing the (AG) to produce documents to State Farm-- by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 623
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/17/2008, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. 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 12/26/2008. Redacted Transcript Deadline set for 1/5/2009. Release of Transcript Restriction set for 3/4/2009. (Sanders, Melanie)
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Filing 622
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Artur Klotsman, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc. (Attachments: #1 Exhibit conti) (Rosenberg, Bruce)
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Filing 621
STIPULATION of Substitution of Counsel by Jacob Kagan (Rosenberg, Bruce)
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As further stated on the record during the conference held on 11/17/2008, ORDER denying #603 Motion to Quash; denying #604 Motion to Quash; granting in part and denying in part #605 Motion to Compel; granting #613 Motion to Compel; granting #617 Motion to Compel. Ordered by Chief Magistrate Steven M. Gold on 11/21/2008. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 11/17/2008. Shapiro and Marks for plaintiff, Reisner for Vertok, Melamed for Victoria Kagan, Wepman for Pack, et al., Furman and Meridian et al., Rosenberg for Kagan, et al., Zilberg for Fair Price, et al., Leykind defendant pro se. Various discovery motions decided on the record. More specifically, Reliable and Wexford's motions to quash bank subpoenas is denied, and plaintiff's motion to compel discovery of Klotsman's tax returns is granted. Defendant's motion to compel Medata discovery of plaintiff is granted as well. Any additional fact discovery motions must be made by January 23rd or waived. Fact discovery closes by February 6th except that parties may seek even after that date to enforce third-party subpoenas and discovery of tax returns or documents held by government agencies that are already outstanding as of January 23rd. Plaintiff will serve expert reports by March 15th, and defendants will serve responsive expert reports by May 1st. NEXT CONFERENCE: FEBRUARY 11, 2009 AT 2:00 P.M. Counsel shall have a firm position on whether they will seek summary judgment. Any counsel interested in settlement may contact my chambers to schedule a settlement conference. (Vasquez, Lea)
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Filing 620
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 11/17/2008 In Response To The Letter Motion To Compel Submitted By Defendants Groysman, Fair Price Medical Supply, Inc., Berlovich, IVB Medical Supply, Inc., Shapiro, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Katz and Vista Surgical Supply, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1-3) (Shapiro, Jay)
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Clerk's ENTRY OF DEFAULT as to Health World AI, Ltd.,pursuant to Rule 55(a) of the FederalRules of Civil Procedure. (Hamilton, Janet)
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Filing 619
NOTICE of Appearance by Bruce S. Rosenberg on behalf of Vladimir Nabutovsky (aty to be noticed) (Rosenberg, Bruce)
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Clerk's ENTRY OF DEFAULT as to Model Supply, Inc., Grafman Quality Products, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Unique Distributor, Inc. (Hamilton, Janet)
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Clerk's ENTRY OF DEFAULT as to Tristate AJA Surgical Supply, Inc. (Hamilton, Janet)
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Filing 618
Letter To Identify Topics For The Status Conference Scheduled For November 17, 2008 by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc. (Certain, Gary)
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Filing 617
First MOTION to Compel by Lyubov Groysman, Igor Kats, Fair Price Medical Supply, Corp., IVB Medical Supply, Inc., Vista Surgical Supplies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Certain, Gary)
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Filing 616
Letter to Magistrate re outstanding issues by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc., Al Medical and Surgical Supply, Inc., Mirka United, Inc., Jacob Kagan (Rosenberg, Bruce)
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Filing 615
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 11/11/2008, To Identify Topics For The Status Conference Scheduled For November 17, 2008 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 614
REPLY in Opposition re #613 MOTION to Compel Various Defendants to Provide State Farm With Executed IRS Forms 4506 By Date Certain filed by Artur Klotsman, Yacov Moin, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 613
MOTION to Compel Various Defendants to Provide State Farm With Executed IRS Forms 4506 By Date Certain by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1) (Roecker, Cara)
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Filing 612
Letter From Jay Shapiro, Dated 11/7/08, To Counsel Regarding The Adjournment Of The Deposition Of Dr. Maksumova To Friday, November 14, 2008 @ 10:00 AM by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 611
MOTION to Compel Bath Medical Supply to Comply with State Farm's Subpoena for Documents by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1) (Roecker, Cara)
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Filing 610
REPLY in Support of Wexford Med., P.C.'s Motion to Quash filed by Wexford Medical, P.C.. (Rosenberg, Bruce)
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Filing 609
REPLY in Support of Motion to Quash filed by Reliable Medical Services, P.C.. (Rosenberg, Bruce)
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Filing 608
REPLY in Opposition to Plaintiff's Motion to Compel & other relief filed by Artur Klotsman. (Rosenberg, Bruce)
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Filing 607
RESPONSE in Opposition re #604 MOTION to Quash, #603 MOTION to Quash With Regards to Non-Parties Reliable Medical Services, P.C. and Wexford Medical, P.C., From Cara A. Roecker, Dated October 24, 2008 filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1) (Roecker, Cara)
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Filing 606
STIPULATION AND ORDER Regarding Counterclaim against State Farm. Ordered by Senior Judge Nina Gershon on 10/20/08. (see order for details) (Fernandez, Erica)
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Filing 605
Letter MOTION to Compel the deposition of defendant Artur Klotsman and for other related relief by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Shapiro, Jay)
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Filing 604
MOTION to Quash by Reliable Medical Services, P.C.. (Rosenberg, Bruce)
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Filing 603
MOTION to Quash by Wexford Medical, P.C.. (Rosenberg, Bruce)
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Filing 602
AFFIDAVIT/AFFIRMATION Of Ben Pinczewski Regarding Service Of State Farm's First Amended Complaint Upon Eshel Medical PC and Refuah Medical PC by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 601
NOTICE of Appearance by Bruce S. Rosenberg on behalf of Al Medical and Surgical Supply, Inc. (aty to be noticed) (Rosenberg, Bruce)
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Filing 600
MOTION for Entry of Default Regarding Defendant AL Medical from Cara A. Roecker, Dated 9.29.08 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Entry of Default, #2 Proposed Order Entering Default) (Roecker, Cara)
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Filing 599
Transcript of Civil Cause for Discovery Conference held on 9/23/2008, before Judge Gold. Court Transcriber Rosalie Lombardi, Telephone number 516-358-7352. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/16/2008. Redacted Transcript Deadline set for 10/27/2008. Release of Transcript Restriction set for 12/24/2008. (Toribio, Winnethka)
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Minute Entry for Discovery Hearing held before Chief Magistrate Judge Steven M. Gold on 9/23/2008. Shapiro for plaintiff, Rosenberg for Klotsman et al., Furman for Palermo et al., Zilberg for Fair Price et al. Various discovery rulings on the record. Non-party Kucherovsky appears by telephone and agrees to appear for deposition at 10 am on October 23. THE CONFERENCE PREVIOUSLY SET FOR OCTOBER 16 WILL BE HELD INSTEAD AT 2:00 PM ON NOVEMBER 17. Counsel shall submit a letter identifying the issues to be raised at the conference no later than November 12. (Vasquez, Lea)
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ORDER denying as moot #574 Motion to Compel because defendants have produced the discovery demanded, as indicated on the record during the conference held on 9/23/08; denying #574 Motion for Sanctions for the same reason; denying #585 Motion to Compel deposition of Susan Hood for reasons stated on the record during the proceedings on 9/23/08, without prejudice to defendants' right to renew the motion after 30(b)(6) depositions are held if the witnesses produced are not able to provide meaningful testimony on the subjects discussed today; denying #592 Motion to Compel production of documents without prejudice to renew after, as movant has suggested, counsel meet and confer. Ordered by Chief Magistrate Steven M. Gold on 09/23/08. (Gold, Steven)
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Filing 598
Letter to Hon. Steven M. Gold in Further Response to Letter from Cara A. Roecker, Dated 9/19/2008 [DE 595], Requesting that the Court issue an order compelling Jacob Kagan to sign and send a release to the New York Attorney General's office by Jacob Kagan (Azrin, David)
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Motions terminated, #489 MOTION for Leave to File Supplement to State Farm Responses filed by State Farm Mutual Automobile Insurance Company. In light of ECF #542 as per Chambers. (Clarke, Melonie) Modified to correct link.
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Filing 597
RESPONSE in Opposition re #592 MOTION to Compel Production of Documents by Cara A. Roecker, Dated September 19, 2008 filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Roecker, Cara)
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Filing 596
Letter To The Hon. Steven M. Gold In Response to Letter From Cara A. Roecker, Dated 9/19/2008, Requesting that the Court issue an order compelling Jacob Kagan to sign and send a release to the New York Attorney General's office [DE 595] by Jacob Kagan (Azrin, David)
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Filing 595
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 9/19/2008 Requesting that the Court issue an order compelling Jacob Kagan to sign and send a release to the New York Attorney Generals office allowing them to produce documents related to this case to State Farm within 24 hours of the Courts order- by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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ORDER re #594 Letter, filed by State Farm Mutual Automobile Insurance Company. Extension to September 19th to respond is GRANTED. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/18/2008. (Vasquez, Lea)
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Filing 594
Letter To The Hon.Steven M. Gold, From Cara A. Roecker, Dated 9/16/2008 to request a short extension until Friday, September 19, 2008 to respond to defendants Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc. AYD Services, Inc., KLM Trading, Ltd., and YAD Trading & Services, Inc. (collectively Defendants) motion to compel documents from State Farm by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 593
NOTICE of Appearance by Bruce S. Rosenberg on behalf of Mirka United, Inc., Jacob Kagan (aty to be noticed) (Rosenberg, Bruce)
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Filing 592
MOTION to Compel Production of Documents by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 591
MOTION for Protective Order To Prevent The Deposition of Susan Hood by Jonathan L. Marks, Dated September 10, 2008 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit of Susan Q. Hood) (Shapiro, Jay)
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Filing 590
Letter To The Hon. Nina Gershon, From Jonathan L. Marks, Dated 9/10/2008 to advise the Court of a recent decision relevant to motions currently pending before this Court. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit) (Roecker, Cara)
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ORDER granting #588 Motion to Adjourn Conference. The conference previously scheduled for September 18th will instead be held at 3:30 p.m. on September 23, 2008. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/10/2008. (Vasquez, Lea)
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Motions terminated, document filed in the wrong case, chambers advised: #591 MOTION for Protective Order To Prevent The Deposition of Susan Hood by Jonathan L. Marks, Dated September 10, 2008 filed by State Farm Mutual Automobile Insurance Company. *Counsel refiled in the correct matter* (Fernandez, Erica)
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Filing 589
REPLY in Opposition to Defendants' Motion to Compel Deposition of Susan Hood and Plaintiff's Protective Order for Everett Truttmann and Paul Brown filed by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 588
First MOTION to Adjourn Conference of September 18, 2008 by Cara A. Roecker, Dated September 8, 2008 by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 587
STIPULATION AND ORDER Dismissing Party Boris Rabinovich; State Farm's claims against Deft are hereby voluntarily dismissed without prejudice. Ordered by Judge Nina Gershon on 9/2/08. (Fernandez, Erica)
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Filing 586
RESPONSE in Opposition re #585 MOTION to Compel Deposition of Susan Hood and Response to Case Management Statement [R. 584] by Jonathan L. Marks, Dated 9.5.2008 filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roecker, Cara)
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ORDER: The court will hold an in-person conference at 4:00 p.m. on September 18, 2008, to address the applications made in docket entries 574, 582 and 585. Although all counsel and parties may of course attend, only counsel for plaintiff, Arkadi Shapiro and the other defendants referenced in docket entry 574, and Arthur Klotsman and the other defendants referenced in docket entry 585, are directed to be present. In addition, counsel for plaintiff shall serve a copy of this order on Emmanuel Kucherovsky, who is also hereby ordered to attend. Ordered by Chief Magistrate Steven M. Gold on 09/05/08. (Gold, Steven)
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Filing 585
MOTION to Compel Deposition of Susan Hood by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 584
CASE MANAGEMENT STATEMENT BY DEFENSE STEERING COMMITTEE (Certain, Gary)
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Filing 583
NOTICE of Voluntary Dismissal by State Farm Mutual Automobile Insurance Company NOTICE OF AGREED MOTION FOR VOLUNTARY DISMISSAL OF DEFENDANT BORIS RABINOVICH; With (Attachments: #1 Affidavit in Support, #2 Exhibit 1-Part1, #3 Exhibit 1-Part2, #4 Exhibit 2- Stipulation And Proposed Order of Dismissal) (Roecker, Cara)
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Filing 582
Letter Motion to Compel Non-Party Emmanuel Kucherovsky to Appear For Deposition, from Cara A. Roecker, Dated August 22, 2008 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Roecker, Cara)
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Filing 581
Letter re: Susan Hood depo August 26, 2008 by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 580
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 8/21/2008, Re: The Deposition of A. Klotsman, Scheduled for August 26, has been adjourned by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Motions terminated, docketed incorrectly: #399 MOTION for Sanctions filed by Jacob Kagan. Counsel is advised to use the correct event "Letter" in the future. (Fernandez, Erica)
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Filing 579
First MOTION for Extension of Time to File Response/Reply to Plaintiff's Letter Motion dated July 28, 2008 by Fair Price Medical Supply, Corp.. (Certain, Gary)
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Filing 578
First MOTION for Extension of Time to File Steering Committee Case Management Schedule by Fair Price Medical Supply, Corp.. (Certain, Gary)
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ORDER granting #578 Motion for Extension of Time to File; granting #579 Motion for Extension of Time to File Response/Reply. Ordered by Chief Magistrate Steven M. Gold on 08/15/08. (Gold, Steven)
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ORDER terminating #572 Motion to Compel as moot in light of minute entry of conference held on July 21, 2008. Ordered by Chief Magistrate Steven M. Gold on 08/04/08. (Gold, Steven)
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Filing 577
Letter confirming Steering Committee schedule per your Honor's request by Bergamo Medical, PC, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Liliya Yanovskaya (Furman, Mark)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 7/29/2008. Marks and Roecker for plaintiff, Azran, Melamed, Furman, Rosenberg, Zilberg, Raysman and LePak for various defendants. Defendants will agree upon a "steering committee" of no more than three attorneys by August 1st. The steering committee, and any other attorneys or pro se defendants who wish to attend, will meet and confer with plaintiff's counsel and submit a detailed case management schedule, which builds in time for litigating any anticipated discovery motions, by August 15th. Counsel may agree upon an extension of the existing fact discovery deadline. (Tape #FTR 3:05-3:22.) (Vasquez, Lea)
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Filing 576
EXHIBIT 1 (Corrected) To The Response in Opposition to [DE 565] Motion for Discovery by State Farm Mutual Automobile Insurance Company. Related document: #575 Response in Opposition to Motion, filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 575
RESPONSE in Opposition re #565 MOTION for Discovery Non-Party Day Hi- Tech Support Management's Objections Pursuant to Fed. R. Civ. P. 72, To Magistrate's Order Dated June 25, 2008 from Cara A. Roecker, Dated July 28, 2008 filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Roecker, Cara)
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Filing 574
Letter MOTION to Compel and, MOTION for Sanctions by Cara A. Roecker, Dated July 28, 2008 Regarding Defendants Arkadi Shapiro, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Lyubov Groysman, Fair Price Medical Supply, Inc., Igor Berlovich and IVB Medical Supply, Inc. by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roecker, Cara)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Hearing on service dispute held on 7/21/2008. Shapiro for plaintiff, Braunstein for non-party Starosolsky. Mr. Braunstein agrees to accept service for Starosolsky. Counsel will arrange a new deposition date within the next two weeks. Plaintiff's oral application for fees and costs is denied. (Tape #FTR 5:04-5:13.) (Vasquez, Lea)
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Filing 573
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 7/21/2008, Re: Depositions Scheduled For The Week Of July 21, 2008 by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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ORDER deferring ruling on #572 Motion to Compel. THE COURT WILL HOLD A HEARING ON THE ISSUE OF SERVICE ON WOLODYMYR STAROSOLSKY AT 5:00 P.M. ON JULY 21, 2008. SO ORDERED. Ordered by Chief Magistrate Steven M. Gold on 7/18/2008. (O'Connor, Erin)
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Filing 572
Letter MOTION to Compel Non-Party Wolodymyr Starosolsky to Appear for Deposition, from Cara A. Roecker, Dated July 17, 2008 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Roecker, Cara)
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Filing 571
Letter To The Hon. Steven M. Gold. From Michael Zilberg, Dated 7/17/08, Re: Participating in the depositions noticed by Bruce Rosenberg. by Lyubov Groysman (Certain, Gary)
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SCHEDULING ORDER: A telephone conference will be held on Tuesday, July 29, 2008 promptly at 3:00 p.m. before the Honorable Steven M. Gold, United States Magistrate Judge, at (718) 613 - 2560. Counsel for all parties must participate. Counsel for the plaintiff is directed to immediately confirm with all counsel that they are aware of this conference date and time and arrange the call with all parties. So Ordered. Ordered by Chief Magistrate Steven M. Gold on 7/17/2008. (O'Connor, Erin)
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Filing 570
Letter request by your Honor of dates by Bergamo Medical, PC, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Eleanor Lipovsky, Zoya Maksumova, Liliya Yanovskaya (Furman, Mark)
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Filing 569
Letter to Judge Gold pursuant to 6/25/08 order by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 568
Letter To The Hon. Steven M. Gold, From Jonathan L. Marks, Dated 7/14/2008, In Support of Application To Freeze Assets and Order of Attachment by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Roecker, Cara)
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Filing 567
Transcript of Proceedings held on 6/25/2008, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. 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 7/31/2008. Redacted Transcript Deadline set for 8/11/2008. Release of Transcript Restriction set for 10/8/2008. (Sanders, Melanie)
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Filing 566
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 7/9/2008 Re: State Farm requests until Monday, July 14, 2008 to file its reply papers with the Court w/r/t Jacob Kagans response to the additional evidence presented by State Farm at the June 25, 2008 conference by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 565
MOTION for Discovery Non-Party Day Hi- Tech Support Management's Objections Pursuant to Fed. R. Civ. P. 72, To Magistrate's Order Dated June 25, 2008 by Day Hi-Tech Support Management. (Attachments: #1 Exhibit A) (Rosenberg, Bruce)
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Filing 564
Letter re: status of production by Milan Medical P.C., German Laufer (Furman, Mark)
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Filing 563
Letter to Hon. Steven M. Gold in Response to Plaintiff's Additional Showing re Motion to Freeze Assets of Jacob Kagan, DE 266, by Jacob Kagan (Azrin, David)
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Filing 562
Letter confirming Court's ruling by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc. (Salerno, Laure)
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Clerk's ENTRY OF DEFAULT as to Bethel Equipment, Inc.,pursuant to Rule 55(a) of the Federal Rulesof Civil Procedure. (Hamilton, Janet)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 7/1/2008. Shapiro for plaintiff, Lombardi for Nabutovsky. Parties call from deposition of Nabutovsky, during which Nabutovsky asserts his Fifth Amendment privilege. Plaintiff may move to compel answers to its questions at any appropriate time. Mr. Lombardi may submit a letter to the court seeking to be relieved from responsibility for further representation of Mr. Nabutovsky. If Mr. Lombardi does submit such a letter, he shall alert the court to any arrangements made to provide Mr. Nabutovsky with legal representation in the even plaintiff does move to compel answers to deposition questions. (Vasquez, Lea)
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Clerk's ENTRY OF DEFAULT as to Empire Supply, Inc.,pursuant to Rule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet)
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Clerk's ENTRY OF DEFAULT as to Seaside Wholesale, Ltd.,pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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ORDER re #525 MOTION to Withdraw as Attorney filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky: Counsel for Al Medical and Nabutovsky having confirmed that the deposition of Mr. Nabutovsky has been concluded, see docket entry 562, the previously entered order conditionally granting the motion of counsel to be relieved is now effective. Ordered by Chief Magistrate Steven M. Gold on 07/02/08. (Gold, Steven)
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Clerk's ENTRY OF DEFAULT as to Alec Palmer, pursuant to Rule55(a) of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Clerk's ENTRY OF DEFAULT as to Oleg Leykind,pursuant toRule 55(a) of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 561
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 6/26/2008, Re: Vladimir Nabutovsky Deposition Is Scheduled For July 1st At 10:00 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 6/25/2008. Shapiro and Marks for plaintiff, Stavis and Azril for Jacob Kagan, Raysin for Victoria Kagan et al., Cardenas for Grafman et al., Salerno and Lombardi for Nabatovsky et al (with Nabutovsky present), Zilberg for FairPrice et al., Furman for Palermo et al., Wooldrich for Rabinovich et al, Greenberg for Mirka, Lepak for Vituk et al., Rosenberg for Klotsman et al. and non-party Day Hi-Tech, Melamed for Victori Kagan et al, Rubin for Kholovsky, Steven Leykind (reached by telephone), Klochtov (reached by telephone), Swenson for non-party OAG. Various discovery rulings on the record, including but not limited to the following: (1)counsel shall follow the protocol set for discovery by plaintiffs of documents held by the Office of Attorney General belonging to defendants represented by Furman, LePak, Greenberg and Stavis and Azrin; (2) Klotsman's objection to certain deposition questions overruled; (3) Non-party Day Hi-Tech's motion to quash denied, but its counsel may review the documents recieved by plaintiffs in response to the subpoena at issue, at the offices of plaintiff's counsel, and seek a protective order consistent with the court's rulings during today's conference; (4) the application of Lombardi and Salerno to be relieved as counsel for Nabutovsky and AL Medical is granted, effective upon the completion of Nabutovsky's deposition, and Mr. Nabutovsky is advised and understands that AL Medical may not proceed without counsel and states he does not intend to seek counsel for it; (5) Mr. Leykind is advised and understands that the corporate defendants with whom he is affiliated may not proceed without counsel and states that he does not intend to seek counsel for them; (6) the defendants represented by Mr. Furman will submit a letter by July 8 reporting on the status of obtaining the documents at issue from the OAG pursuant to the procedures discussed on the record today; (7) counsel for all defendants as to whom discovery is owed will provide the discovery ordered during today's conference within the time directed by the court on pain of sanction; (8) Jacob Kagan will respond to plaintiff's additional showing in support of an asset freeze by July 7, and plaintiffs shall indicate whether and when they intend to reply by July 9; (9) defendants will submit a letter by July 16 describing the discovery they intend to take of plaintiff and the schedule for completing same; (10) fact discovery closes on October 8. ALL PARTIES ARE RESPONSIBLE FOR COMPLYING WITH ALL DISCOVERY AND SCHEDULING ORDERS ISSUED FROM THE BENCH DURING THE COURSE OF THIS CONFERENCE WHETHER OR NOT REITERATED IN THIS MINUTE ENTRY. NEXT CONFERENCE, IN-PERSON: OCTOBER 16 AT 2:00 PM. Counsel shall have a firm position on settlement, with principals present or available by telephone; shall be prepared to set a schedule for all contemplated expert discovery; shall be in a position to describe the basis for any anticipated motion for summary judgment; and shall have a position on whether they will consent to reassignment of this action to a magistrate judge for all purposes including trial. (Tape #FTR: 2:16-4:29.) (Vasquez, Lea)
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Filing 560
NOTICE of Appearance by Gary Todd Certain on behalf of Igor Kats (aty to be noticed) (Certain, Gary)
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Filing 559
Letter From Cara A. Roecker, Dated 6/25/08, to Mr. Robert C. Heinemann Regarding State Farm's Withdrawal of its Request for a Certificate of Default Against Defendants Galina Leykind, Lara Leykind and Larisa Klochkov by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 558
RESPONSE to Motion re #551 Letter MOTION for Sanctions and to Compel Discovery, from Jonathan L. Marks, Dated 6.16.08 Letter Opposition filed by Semen Vitukhnovskiy a/k/a Vitukh, Mariya Vitukhnovskaya, Mara Services, Inc.. (LePack, Keith)
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ORDER denying #522 Motion to Quash for the reasons stated on the record of today's proceeding and subject to movant's right to inspect the return on the subpoena at the offices of plaintiff's counsel and seek any appropriate protective order ; granting #525 Motion to Withdraw as Attorney for the reasons stated on the record of today's proceeding and effective only upon conclusion of the Nabutovsky deposition; denying #551 Motion for Sanctions for the reasons stated on the record of today's proceeding and with the understanding that the documents of the parties involved that are in the custody of the Office of the Attorney General will be produced as per the procedures discussed on the record today. Ordered by Chief Magistrate Steven M. Gold on 06/25/08. (Gold, Steven)
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ORDER denying as moot #270 Motion to Withdraw in light of appearance of new counsel for parties at issue. Ordered by Chief Magistrate Steven M. Gold on 06/25/08. (Gold, Steven)
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Filing 557
Letter Motion to Request Recommendation of Default Judgment Against Defendant Mirka United, Inc., Dated June 24, 2008, from Cara A. Roecker by State Farm Mutual Automobile Insurance Company (Attachments: #1 Group Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Roecker, Cara)
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Filing 556
Letter To The Hon. Steven M. Gold, From Michael Zilberg, Dated 6/24/08, In Opposition to State Farm's Letter Dated 5/22/08 Requesting That A Default Judgement Be Entered Against Defendants Arkadi Shapiro, Lyubov Groysman, Igor Berlovich, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Inc. and IVB Medical Supply, Inc. by Careplus Medical Supply, Inc. (Certain, Gary)
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Filing 555
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 6/20/2008, Advising The Court Of Issues To Be Resolved At The Conference Scheduled For 6/25/2008 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 554
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 6/20/2008 Re: Schedule Of Depositions by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 553
Letter Motion to Request Recommendation of Default Judgment Against Defendants Mara Services, Inc., Mariya Vitukhnovskaya and Semen Vitukh, Dated June 19, 2008, from Cara A. Roecker by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Roecker, Cara)
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Filing 552
Letter to Magistrate Gold dated 6/18/08 by OAG (MacKechnie, Roseann)
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Filing 551
Letter MOTION for Sanctions and to Compel Discovery, from Jonathan L. Marks, Dated 6.16.08 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roecker, Cara)
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ORDER denying as moot #546 Motion for Discovery. Ordered by Chief Magistrate Steven M. Gold on 06/16/08. (Gold, Steven)
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ORDER granting #548 Motion for Discovery -- withdrawing application to adjourn Nabutovsky deposition as moot in light of agreement by the parties to a new deposition date. Ordered by Chief Magistrate Steven M. Gold on 06/16/08. (Gold, Steven)
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Filing 550
Letter From Cara A. Roecker, Dated 6/13/08, To The Hon. Steven M. Gold Regarding The Continuation Of Margarita Khalavsky's Deposition Scheduled For June 16, 2008 At 10:00 A.M. ( See # 549 ) by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 549
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 6/13/2008 Regarding The Continuation Of Robert Khalavsky's Deposition Scheduled For June 16, 2008 by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 548
Letter MOTION for Discovery Motion to Adjourn moot w/ permission of Court by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 547
Letter in Response/Opposition to plaintiff's Motion for Default Judgment by Igor Vetoukh, Arbov, Inc. (Raysin, Allan)
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Filing 546
MOTION for Discovery by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Attachments: #1 Notice of Motion to Adjourn Deposition) (Salerno, Laure)
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Filing 545
REPLY in Support of Motion to Sever filed by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 544
RESPONSE to Motion re #543 MOTION to Sever filed by State Farm Mutual Automobile Insurance Company. (Rosenberg, Bruce)
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Filing 543
MOTION to Sever by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 542
ORDER: Plaintiff's letter is accepted only insofar as it brings to the Court's attention Allstate Ins. Co v. Valley Physical Med & Rehad PC 2008 US Dist Lexis 26180 (EDNY March 31, 2008). No supplementary briefing will be permitted. The Klotsman Defts request for a stay of discovery is denied. Ordered by Judge Nina Gershon on 6/4/08. (Fernandez, Erica)
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Filing 541
NOTICE by Jacob Kagan re #526 MOTION for Judgment on the Pleadings of Supplemental Authority (Azrin, David)
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Filing 540
REPLY to Response to Motion re #522 MOTION to Quash Plaintiff's May 5, 2008 Subpoena filed by Day Hi-Tech Support Management. (Rosenberg, Bruce)
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Filing 539
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated June 3, 2008 In Response To Defendants' Vladimir Nabutovsky and AL Medical & Surgical Supply, Inc.'s Request To Reconsider This Court's May 29, 2008 Ruling Denying Their Motion To Withdraw As Counsel by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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ORDER denying #537 Motion to Withdraw as Attorney.. Ordered by Chief Magistrate Steven M. Gold on 06/03/08. (Gold, Steven)
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ORDER granting #538 Motion for Extension of Time to File Response/Reply. Ordered by Chief Magistrate Steven M. Gold on 06/03/08. (Gold, Steven)
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Filing 538
Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion pursuant to Rule 37 by Igor Vetoukh, Arbov, Inc.. (Raysin, Allan)
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Filing 537
MOTION to Withdraw as Attorney ltr reconsider as state farm failed to produce documents by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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ORDER re #534 Letter filed by State Farm Mutual Automobile Insurance Company: As suggested in plaintiff's letter dated May 29, docket entry 534, any counsel seeking leave to withdraw shall promptly advise any client that is a corporation that a corporate entity may appear in court only through counsel, and that a failure of a defendant corporation to be represented by counsel will result in the corporate defendant's default. Ordered by Chief Magistrate Steven M. Gold on 05/30/08. (Gold, Steven)
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Filing 536
Letter To The Hon. Steven M. Gold, From Jonathan L. Marks, Dated 5/29/2008, In Response To Day Hi-Tech Support Management Motion To Quash by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Shapiro, Jay)
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Filing 535
Letter To The Hon. Steven M. Gold, From Jonathan L. Marks, Dated 5/29/2008, For Entry Of Default Judgments Against Defendants Arbov, Inc. and Igor Vetukh by State Farm Mutual Automobile Insurance Company (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) (Shapiro, Jay)
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Filing 534
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 5/29/2008, In Response To Letters Seeking Permission To Withdraw As Counsel by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 533
MOTION to Withdraw as Attorney ltr for expedited hearing by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 532
Letter From Jay Shapiro, Dated May 29, 2008, To The Hon. Steven M. Gold Regarding Schedule Of Deposition by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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ORDER denying #533 Motion to Withdraw as Attorney. I have received the letter dated May 29 from counsel for AL Medical and Vladimir Nabutovsky, in which counsel points out that they are moving to be relieved, that I have scheduled a hearing on that motion for June 25, and that the deposition of Mr. Nabutovsky is scheduled for June 19. Counsel ask either for an accelerated hearing on the motion or an adjournment of Mr. Nabutovsky's deposition. Counsel have been representing Mr. Nabutovsky and AL Medical for several years. If counsel were to be relieved prior to the deposition, and the deposition were not adjourned, the prejudice to Mr. Nabutovsky and AL Medical -- which, as a corporation, may not appear without counsel -- would be substantial. Moreover, the number of attorneys in this case make it extremely cumbersome to reschedule depositions. Having waited until only a few weeks before the deposition to make their application, and taking into account the prejudice to the defendants if the deposition were to proceed while they are unrepresented and the prejudice to the remaining parties if the deposition were adjourned, counsel's application to accelerate the hearing date on the motion to be relieved or adjourn the deposition of Mr. Nabutovsky is DENIED. Ordered by Chief Magistrate Steven M. Gold on 05/29/08. (Gold, Steven)
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ORDER re #525 MOTION to Withdraw as Attorney filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky, #531 Letter filed by Igor Kats. The motions to withdraw as counsel filed by attorneys for Al Medical and Surgical Supply Inc and Vladimir Nabutovsky (docket entry 525) and Vista Surgical Supplies Inc and Igor Kats (docket entry 531)will be heard at the conference set for June 25 at 2:00 pm. All individuals, and a principal of each entity, whose counsel is seeking to withdraw must be present, or the court will assume there is no objection to the motion and no time is sought to retain new counsel. Counsel moving to be relieved shall promptly serve a copy of this order on the affected clients and have proof of service available at the next conference. Ordered by Chief Magistrate Steven M. Gold on 05/28/08. (Gold, Steven)
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Filing 531
Letter by Igor Kats (Davis, Ellen)
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Filing 530
Letter From Jonathan L. Marks, Dated 5/23/08, To The Hon. Steven M. Gold Regarding Deposition Schedule by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 529
Letter From Jay Shapiro, Dated 5/22/08, To The Hon. Steven M. Gold Requesting That A Default Judgment Be Entered Against Defendants Arkadi Shapiro, Lyubov Groysman, Igor Berlovich, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Inc. and IVB Medical Supply, Inc. For Their Failure To Comply With Their Discovery Obligations by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 528
REPLY in Support re #526 MOTION for Judgment on the Pleadings filed by Jacob Kagan. (Azrin, David)
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Filing 527
RESPONSE in Opposition re #526 MOTION for Judgment on the Pleadings by Plaintiff State Farm, filed by Jacob Kagan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Azrin, David)
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Filing 526
MOTION for Judgment on the Pleadings by Jacob Kagan. Responses due by 5/15/2008 (Azrin, David)
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Filing 525
MOTION to Withdraw as Attorney by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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ORDER re #522 MOTION to Quash Plaintiff's May 5, 2008 Subpoena filed by Day Hi-Tech Support Management: Plaintiff shall file its opposition to non-party Day Hi-Tech's motion to quash by May 29. Any reply is due June 5. The court will hear the motion during the conference scheduled for 2:00 pm on June 25, 2008. Ordered by Chief Magistrate Steven M. Gold on 05/21/08. (Gold, Steven)
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Motions terminated, docketed incorrectly as per chambers: #524 MOTION to Sever Arthur Klotsman, yacov Moin, Demitry Tspenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc. and KLM Trading, LTD filed by Yacov Moin. *Counsel is advised to please adhere to Judge Gershon's rules regarding individual motion practice* (Fernandez, Erica)
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Filing 524
MOTION to Sever Arthur Klotsman, yacov Moin, Demitry Tspenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc. and KLM Trading, LTD by Yacov Moin. (Rosenberg, Bruce)
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Filing 523
NOTICE of Consent to Change Attorney by Laure Salerno (Salerno, Laure)
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Filing 522
MOTION to Quash Plaintiff's May 5, 2008 Subpoena by Day Hi-Tech Support Management. (Rosenberg, Bruce)
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ORDER re #514 Letter filed by OAG: I have received the letter from the Office of the Attorney General (OAG)dated May 9, 2008. It appears that the simplest solution to the concerns expressed in that letter is for the defendants who are "the persons or entities from whom the proceeds of the search warrant were taken" to inspect and copy the evidence, as the Attorney General indicates they will be permitted to do. Those defendants are hereby ordered to do so forthwith, and to provide copies to plaintiff no later than June 6, 2008, on pain of sanction. Compliance with the subpoena issued by plaintiff to the OAG is hereby stayed until June 25, the date of the next conference. If there are issues that remain unresolved at that time with respect to the production of documents seized pursuant to the search warrant, I will hear argument concerning the enforceability of plaintiff's subpoena, including argument from the OAG, at that conference. Plaintiff's counsel shall serve a copy of this order on the OAG. Ordered by Chief Magistrate Steven M. Gold on 05/14/08. (Gold, Steven)
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Filing 521
ORDER re #512 Letter filed by State Farm Mutual Automobile Insurance Company requesting Additional Time To Serve Reply In Support Of Motion To Enjoin. So Ordered by Judge Nina Gershon on 5/6/2008. (Zoupaniotis, Evan)
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Filing 520
REPLY in Support re #515 Notice of MOTION to Stay /Enjoin Defendants From Prosecuting New York State Court Lawsuits and From Filing New Actions filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 519
Letter To The Hon. Nina Gershon, From Michael A. Zilberg, Dated 5/1/2008 Regarding Supplement To Brief In Opposition To State Farm Motion To Stay/Enjoin by Amaze Medical Supply, Inc., Careplus Medical Supply, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Roecker, Cara)
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Filing 518
MEMORANDUM in Opposition re #515 Notice of MOTION to Stay /Enjoin Defendants From Prosecuting New York State Court Lawsuits and From Filing New Actions filed by Amaze Medical Supply, Inc., Careplus Medical Supply, Inc.. (Roecker, Cara)
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Filing 517
NOTICE by State Farm Mutual Automobile Insurance Company re #516 Memorandum in Support Exhibits 1 and 2 to the Memorandum In Support Of Motion To Stay/Enjoin (Roecker, Cara)
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Filing 516
MEMORANDUM in Support re #515 Notice of MOTION to Stay /Enjoin Defendants From Prosecuting New York State Court Lawsuits and From Filing New Actions filed by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 515
Notice of MOTION to Stay /Enjoin Defendants From Prosecuting New York State Court Lawsuits and From Filing New Actions by State Farm Mutual Automobile Insurance Company. (Roecker, Cara)
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Filing 514
Letter to Magistrate Gold 5/9/08 by OAG (MacKechnie, Roseann)
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Filing 513
Letter From Jay Shapiro, Dated 5/7/08, To The Hon. Steven M. Gold Regarding The Deposition Of Yakov Moin On May 12, 2008 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 512
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 5/5/2008, Requesting Additional Time To Serve Reply In Support Of Motion To Enjoin by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 510
Letter to MJ Gold re. seized documents by OAG (MacKechnie, Roseann)
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Filing 511
Transcript of Civil Cause for Status Conference held on 4/9/08, before Judge Gold. Parties present with counsel. Court Transcriber: Shari Riemer. 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 5/22/2008. Redacted Transcript Deadline set for 6/2/2008. Release of Transcript Restriction set for 7/30/2008. (Fernandez, Erica)
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Filing 509
Letter dated 4/19/08 to Mr. Shapiro from Galina Leykind informing that the allegations against her in the first complaint are the same allegations against her in the amended complaint. (Fernandez, Erica)
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Filing 508
Letter dated 4/19/08 to Mr. Shapiro from Steve Leykind informing that the allegations against him in the first complaint are the same allegations against him in the amended complaint. (Fernandez, Erica)
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Filing 507
Letter dated 4/19/08 to Mr. Shapiro from Elarya Batkilin informing that the allegations against her in the first complaint are the same allegations against her in the amended complaint. (Fernandez, Erica)
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Filing 506
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 4/25/2008 Re: Deposition Of Gennadiy Bronstein Currently Scheduled For April 30, 2008, Has Been Cancelled by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 505
Letter to Judge Gold re: Briefing Schedule by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 504
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 4/24/2008 Regarding The Schedule Of Depositions by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 503
ORDER re #497 Letter filed by State Farm Mutual Automobile Insurance Company requesting the Court approve the following briefing schedule: Opening brief due by 4/18/08; Response Brief due by 4/29/08; Reply brief due by 5/6/08.So Ordered by Judge Nina Gershon on 4/22/08. (Fernandez, Erica)
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Filing 502
ORDER re #498 Letter filed by State Farm Mutual Automobile Insurance Company. Plaintiff's motion to compel defendant Yacov Moin to appear for deposition on April 28, 2008 is granted in part and denied in part. See attached order for further details. Ordered by Chief Magistrate Steven M. Gold on 04/23/08. (Gold, Steven)
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Filing 501
Letter to Judge Gold in opposition to State Farm's request directing Moin to be Deposed by Yacov Moin (Rosenberg, Bruce)
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Filing 500
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 4/22/2008 Requesting An Order Directing Yacov Moin To Appear For His Deposition On April 28, 2008; with Attachment by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 499
Letter to Judge Gold in opposition to State Farm's request directing Moin to appear for Deposition by Yacov Moin (Rosenberg, Bruce)
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Filing 498
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 4/22/2008 Requesting An Order Directing Yacov Moin To Appear For His Deposition On April 28, 2008 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 497
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 4/18/2008 Requesting That The Court Approve The Briefing Schedule On State Farm's Motion To Enjoin by State Farm Mutual Automobile Insurance Company (Roecker, Cara)
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Filing 496
Letter Discovery Update by Mirka United, Inc. (Greenberg, Harlan)
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Filing 495
ANSWER to Complaint by Mirka United, Inc.. (Greenberg, Harlan)
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Filing 494
ORDER GRANTING the briefing schedule for Mr. Kagan's motion for judgment on the pleadings. April 14, 2008: Motion to be filed, May 15, 2008: Opposition to motion due, May 29, 2008: Reply papers due. Ordered by Judge Nina Gershon on 4/14/08. (Sica, Michele)
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ORDER re #491 Letter filed by AYD Services, Inc., KLM Trading, Ltd., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman. As indicated in plaintiffs' letter dated April 11, 2008, docket entry 493, no relief under Rule 5(c) is warranted, as Local Civil Rule 5.2 already provides that filing by electronic means constitutes service pursuant to Federal Rule of Civil Procedure 5. Service by mail must be made only on the three defendants proceeding pro se. Ordered by Chief Magistrate Steven M. Gold on 04/15/08. (Gold, Steven)
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Filing 493
Letter To The Hon. Steven M.Gold, From Jonathan L. Marks, Dated 4/11/2008 In Response To The Letters Of Bruce Rosenberg, Esq. Dated 4/10/2008 by State Farm Mutual Automobile Insurance Company (Cirel, Alexis)
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Filing 492
Letter re Briefing Schedule by Jacob Kagan (Douglas, David)
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Filing 491
Letter to judge re mailing rule 5(c) by Artur Klotsman, Yacov Moin, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 490
RESPONSE to Motion re #489 MOTION for Leave to File Supplement to State Farm Responses (See Docket Entries 474 and 484) to Pending Motion to Dismiss (Docket Entry 483) and Motion for Judgment on the Pleadings (Docket Entry 473), from Jonathan L. Marks Dated 4.9.08 MOTION for Leave to File Supplement to State Farm Responses (See Docket Entries 474 and 484) to Pending Motion to Dismiss (Docket Entry 483) and Motion for Judgment on the Pleadings (Docket Entry 473), from Jonathan L. Marks Dated 4.9.08 filed by Madera Medical Supply, Inc.. (Rosenberg, Bruce)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 4/9/2008. Shapiro fo rplaintiff, Aulicino for Jacob Kagan, Raysin for Victoria Kagan et al., Salerno and Lombardi for Nabatovsky et al, Certain for FairPrice et al., Furman for Palermo et al., Wooldrich for Rabinovich et al, Greenberg for Mirka, Lepak for Vituk et al., Rosenberg for Klotsman et al., Steven, Lara and Galina Leykind, defendants pro se. Various discovery and case management rulings on the record, including, but not limited to the following: Mirka will complete its disclosures by May 16th and submit a letter by April 16th reporting the status of its efforts to obtain copies from the Attorney General of those of its documents that have been seized by law enforcement; Leykind defendants will each answer the plaintiff's complaint by April 23rd; the deposition of Nabatovsky is adjourned to June 19th with no further adjournments. NEXT CONFERENCE, IN-PERSON: JUNE 25TH AT 2:00 P.M. Counsel for plaintiff shall submit a letter identifying issues to be addressed at that conference no later than June 20th. (Tape #FTR 2:20-3:06.) (Vasquez, Lea)
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Filing 489
MOTION for Leave to File Supplement to State Farm Responses (See Docket Entries 474 and 484) to Pending Motion to Dismiss (Docket Entry 483) and Motion for Judgment on the Pleadings (Docket Entry 473), from Jonathan L. Marks Dated 4.9.08 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Supplement) (Roecker, Cara)
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Filing 488
Letter MOTION to Adjourn Conference April 9, 2008 at 2:00 pm by Igor Kats. (Davis, Ellen)
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ORDER terminating #488 Motion to Adjourn Conference. Counsel incorrectly filed this letter which informs the parties of her inability to attend the April 9th conference. It is neither a motion nor a request for adjournment. The conference will proceed as scheduled. (Vasquez, Lea)
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Filing 487
Letter Dated 4.7.08 from Cara A. Roecker, Requesting Dismissal of Counterclaim by Defendants Arbov, Inc. and Igor Vetoukh with Attached Stipulation of Parties by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit) (Roecker, Cara)
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Filing 486
ORDER: No pre-motion conferences are necessary. The parties are directed to confer with regard to briefing schedules and, upon reaching agreements, submit them for court approval. Ordered by Judge Nina Gershon on 4/2/08. (Fernandez, Erica)
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ORDER re #478 Letter filed by State Farm Mutual Automobile Insurance Company. By letter dated March 31, 2008, docket entry 478, plaintiff seeks an order compelling Mirka United, Inc. ("Mirka")to file an answer to the complaint, provide supplemental disclosures pursuant to Rule 26, and answer outstanding document demands, on pain of recommended default. No opposition to the application has been filed. Accordingly, plaintiff's application is hereby granted. If Mirka does not comply by April 21, plaintiff may move for entry of its default. Counsel for plaintiff shall promptly serve a copy of this order on counsel for Mirka. Ordered by Chief Magistrate Steven M. Gold on 04/07/08. (Gold, Steven)
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Filing 485
REPLY to Response to Motion re #483 MOTION to Dismiss First Amended Complaint filed by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 484
RESPONSE in Opposition re #483 MOTION to Dismiss First Amended Complaint filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Rosenberg, Bruce)
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Filing 483
MOTION to Dismiss by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc.. (Rosenberg, Bruce)
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Filing 482
STIPULATION AND ORDER OF DISMISSAL: It is hereby stipulated and agreed by and between the undersigned that State Farm's claims against Defts are hereby voluntarily dismissed with prejudice (see order for details). Party AAA-RAA Medical Supply, Inc.; Roman Pergament terminated.. Ordered by Judge Nina Gershon on 3/31/08. (Fernandez, Erica)
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Filing 481
STIPULATION AND ORDER OF DISMISSAL: It is hereby stipulated and agreed by and between the undersigned that State Farm's claims against Defts are hereby voluntarily dismissed with prejudice (see order for details). Party Edel Surgical and Medical Supply, Inc.; Alla Shklyar; Eduard Shklyar; terminated.. Ordered by Judge Nina Gershon on 3/31/08. (Fernandez, Erica)
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Filing 480
Letter from Jonathan L. Marks, Dated 3.31.08, in Response to Letter Request for Pre-Motion Conference by Defendant Yacov Moin, Docket Entry 469 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Roecker, Cara)
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Filing 479
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 3/31/2008 Re: Revised Deposition Schedule by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 478
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 3/31/2008 Requesting An Order To Compel Mirka United by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roecker, Cara)
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Filing 477
ORDER: Defts German Laufer and Milan Medical, P.C. requesting a brief extension for the service and filing of reply brief until 3/26/08. So Ordered by Judge Nina Gershon on 3/26/08. (Endorsed on copy of ECF doc #468) (Fernandez, Erica)
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Filing 476
ORDER: Plaintiffs request an additional four business days to respond to defts motion to dismiss State Farm's First Amended Complaint. Ordered by Judge Nina Gershon on 3/26/08. (Endorsed on copy of ECF doc #466) (Fernandez, Erica)
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ORDER re #462 Letter, filed by State Farm Mutual Automobile Insurance Company. Plaintiff seeks an order directing that defendants specified on an attachment to their application be directed to produce Federal Rule of Civil Procedure Rule 26(a)(1) initial disclosures, and respond to long-outstanding interrogatories and document demands, by a date certain. No defendant has submitted any opposition to the application, with the exception of defendants Simon and Maria Vitukh. These defendants do not oppose the application, instead asking only for a brief additional period of time to comply with their discovery obligations. The next conference in this case is scheduled for April 9, 2008. Plaintiff should have the opportunity to address any deficiencies in the discovery responses of these parties at that conference. Accordingly, the defendants identified in the chart attached to plaintiff's application are hereby ordered to produce Federal Rule of Civil Procedure Rule 26(a)(1) initial disclosures, and respond to long-outstanding interrogatories and document demands, by April 4, 2008, at 12 noon. Defendants shall either deliver their responses by hand by that date and time, or by other means sufficiently in advance to be confident they will be received by plaintiff's counsel by that date and time. Plaintiff's counsel shall use their best efforts to review the responses and confer with defendants regarding any perceived deficiencies prior to the conference on April 9. Failure to comply with this order may result in the imposition of sanctions, including but not limited to an award of attorney's fees incurred as a result of failure to comply timely and a recommendation that a default judgment be entered and/or adverse inference drawn. Ordered by Chief Magistrate Steven M. Gold on 03/27/08. (Gold, Steven)
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Filing 475
REPLY in Support of our Motion for Dismissal on the Pleadings filed by Milan Medical P.C.. (Attachments: #1 Exhibit, #2 Exhibit) (Furman, Mark)
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Filing 474
NOTICE by Defendants German Laufer and Milan Medical PC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Plaintiff State Farm's Response to Defendants Laufer and Milan Medical PC's Motion for Judgment on the Pleadings, #6 Exhibit 1 to Motion dtd March 14 2008, #7 Exhibit 2 to P's Response) (Furman, Mark) Modified on 3/27/2008 (Lee, Tiffeny).
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Filing 473
Letter with Notice of Motion and supporting docs by Milan Medical P.C., German Laufer (Furman, Mark)
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Filing 472
Letter From Jay Shapiro, Dated 3/25/08, To Counsel Regarding The Rescheduling Of The Deposition Of Vladimir Nabutovsky by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 471
Letter To The Hon. Steven M. Gold, From Keith LePack, Dated 3/24/2008, Re: Compel Certain Defendants To Provide Disclosures And Respond To State Farm's Interrogatories and Document Requests by State Farm Mutual Automobile Insurance Company by Semen Vitukhnovskiy a/k/a Vitukh, Mariya Vitukhnovskaya (LePack, Keith)
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Filing 470
Letter Dated 3.24.08 from Cara A. Roecker Replying to Docket Entry 467 from Defendants Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., and YAD Trading & Services, Inc. in Support of State Farm's Request for Additional Time to Respond to Same Defendants Motion to Dismiss [Docket Entry 464] by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Shapiro, Jay)
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Filing 469
Letter Requesting Pre-Motion Conference to file Motion to Sever by Yacov Moin (Rosenberg, Bruce)
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Filing 468
Letter 1:04-vc-2609 by Milan Medical P.C. (Furman, Mark)
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Filing 467
Letter responding to State Farm's letter requesting for an extension by Artur Klotsman, Yacov Moin, Demitry Tsepenyuk, A to Z Medical Supplies, Inc., AYD Services, Inc., KLM Trading, Ltd., YAD Trading & Services, Inc. (Rosenberg, Bruce)
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Filing 466
Letter From Cara A. Roecker, Dated 3/21/08, To The Hon. Nina Gershon Requesting An Extension Of Time To Respond To The Motion To Dismiss by State Farm Mutual Automobile Insurance Company (Attachments: #1 Proposed Revised Scheduling Order) (Shapiro, Jay)
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Filing 465
STIPULATION of Dismissal As To AAA-RAA and Roman Pergament by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 464
STIPULATION of Dismissal As To Edel Surgical and Medical Supply, Inc., Eduard Shklyar, and Alla Shklyar by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 463
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 3/20/2008 Re: Revised Deposition Schedule by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 462
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 3/18/2008, Re: Compel Certain Defendants To Provide Disclosures And Respond To State Farm's Interrogatories and Document Requests by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Shapiro, Jay)
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Filing 461
ORDER re #443 Affidavit filed by State Farm Mutual Automobile Insurance Company, #442 Affidavit, filed by State Farm Mutual Automobile Insurance Company, directing that, if defendants Lara Leykind, Galina Leykind and Steve Leykind intend to defend this action, each must appear at the conference set for April 9, 2008 at 2:00 pm, that failure to appear at the conference will be deemed a default, and that plaintiff is directed to serve defendants Lara, Galina and Steve Leykind with a copy of this order. Ordered by Chief Magistrate Steven M. Gold on 03/18/08. (Gold, Steven)
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Filing 459
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 3/17/2008 Regarding The Scheduling Of Depositions by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 460
ANSWER to #241 Amended Complaint filed by Larisa Klochkov. Forwarded to Judge Gershon. (Galeano, Sonia)
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Filing 458
SCHEDULING ORDER: Plaintiff's time to respond to the motion for judgment on the pleadings is extended to March 14, 2008. Defendant's reply will be due on or before March 21, 2008. Ordered by Judge Nina Gershon on 3/10/08. (Sica, Michele)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 3/7/2008. Shapiro and Roecker for plaintiff, Rosenberg for Klotsman, et al. Stay of deposition discovery, originally granted because the Klotsman defendants anticipated filing a motion to dismiss, is now lifted with respect to these defendants because (a) plaintiff has been unable to obtain any meaningful information about these defendants' relative activities through interrogatories and document demands, and is therefore hampered not only in proceeding with its case against these defendants but against other defendants with whom they interacted, and whose depositions are ongoing; and (b) plaintiff's counsel has represented that the depositions of these defendants would be sought even if plaintiff's claims against them are dismissed. (Vasquez, Lea)
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Filing 457
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Oleg Leykind by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 456
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Alec Palmer by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 455
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Larisa Klochkov by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 454
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Aleksey Pugach by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 453
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Oleg Portnov by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 452
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 451
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Seaside Wholesale, Ltd. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 450
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Bohdar Vasechko by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 449
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Empire Supply, Inc by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 448
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Model Supply, Inc by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 447
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 3/6/2008 Requesting An Extension Of Time Of The Remaining Due Dates On The Briefing Schedule Of Defendants German Laufer's and Milan Medical PC's Motion For Judgment On The Pleadings by State Farm Mutual Automobile Insurance Company (Attachments: #1 Proposed Revised Scheduling Order) (Shapiro, Jay)
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Filing 446
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Atlas Medical Equipment by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 445
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Star Diagnostic Center, Inc. d/b/a Star Medical Systems by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 444
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Bethel Equipment, Inc by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 443
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Galina Leykind by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 442
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Lara Leykind a/k/a Laura Leykind a/k/a Elyra Leykind by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 441
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Madera Medical Supply, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 440
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Northridge Supply, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 439
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Health World AI, Ltd. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 438
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Unique Distributor, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 437
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Tristate AJA Sergical Supply, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 436
AFFIDAVIT/AFFIRMATION Of Jay Shapiro In Support Of Plaintiff's Application For A Certificate Of Default On Defendant Grafman Quality Products, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1) (Shapiro, Jay)
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Filing 435
Letter To The Hon. Nina Gershon, From Jonathan L. Marks, Dated 3/6/2008 Requesting A Pre-Motion Conference by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit) (Shapiro, Jay)
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Filing 434
ORDER regarding the letter dtd 2/13/08 from defendant jacob Kagan for the request of a pre motion conference with regard to a proposed motion for judgment on the pleadings, as well a plaintiff's response. No pre motion conference is necessary. The parties are directed to confer with regard to a briefing schedule and, upon reaching agreement, submit it for court approval. Ordered by Judge Nina Gershon on 2/29/08. (Sica, Michele)
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Filing 433
NOTICE by Albatros Medical, PC., Douglas J. Spiel That Attorney Paul Haberman is no Longer Associated with Defendants Albatros Medical, P.C.'s and Spiel's Counsel, Lifshutz & Lifshutz, P.C. (Haberman, Paul)
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SCHEDULING ORDER: re #430 Letter, filed by State Farm Mutual Automobile Insurance Company, #432 Letter filed by Yacov Moin. A Telephone Conference will be held at 12:30 p.m. on March 7, 2008 before Chief Magistrate Steven M. Gold. Counsel for the plaintiff is directed to arrange the call. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/3/2008. (Vasquez, Lea)
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Motions terminated, #431 MOTION to Dismiss filed by Artur Klotsman. All parties are directed to follow Judge Gershon's individual rules when filing motions. (Clarke, Melonie)
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Filing 432
Letter to Judge re Motion to Dismiss by Yacov Moin (Rosenberg, Bruce)
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Filing 431
MOTION to Dismiss by Artur Klotsman. (Rosenberg, Bruce)
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Filing 430
Letter From Jay Shapiro, Dated 2/28/08, To The Hon. Steven M. Gold Re: Lift Deposition Stay As To Defendants Arthur Klotsman, Yacov Moin, Demitry Tspenyuk, A To Z Medical Supplies, Inc., AYD Services, Inc., YAD Trading & Services, Inc., And KLM Trading, Ltd. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Shapiro, Jay)
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Filing 429
Letter From Jay Shapiro, Dated 2/21/08, To Counsel Re: Scheduling Of Depositions by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 428
Letter from Jonathan L. Marks dated 2/20/08, in response to defendant Jacob Kagan's Request for a Pre-Motion Conference (docket entry 423) by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Shapiro, Jay)
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Filing 427
NOTICE of Change of Name of Attorney to be Noticed by William E. Betz (Betz, William)
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Filing 426
NOTICE by Milan Medical P.C., German Laufer Notice of Exhibits (Furman, Mark)
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Filing 425
NOTICE by Milan Medical P.C., German Laufer of Motion to Dismiss First Amended Complaint (Furman, Mark)
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Filing 424
NOTICE of Appearance by Allan Raysin on behalf of Igor Vetoukh, Arbov, Inc. (aty to be noticed) (Raysin, Allan)
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Filing 423
Letter to Hon. Nina Gershon requesting pre-motion conference with regard to anticipated motion for judgment on pleadings by Jacob Kagan (Azrin, David)
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Filing 422
NOTICE of Change of ADDRESS by Bruce S. Rosenberg (Rosenberg, Bruce)
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ORDER re #419 Letter filed by Artur Klotsman, granting the requested extension of time to provide supplemental responses to plaintiff's discovery demands. No further extensions will be granted except by formal motion demonstrating extraordinary circumstances. Ordered by Chief Magistrate Steven M. Gold on 02/11/08. (Gold, Steven)
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Filing 421
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 2/6/2008 Regarding The Rescheduling Of The Vitukh Deposition by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 420
Letter From Jay Shapiro, Dated 2/6/08, To The Hon. Steven M. Gold In Response To The Letter Application Dated February 5, 2008 Requesting An Extension Until February 27, 2008, To Provide Written Discovery Responses by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 419
Letter requesting extension of time to respond to discovery by Artur Klotsman (Rosenberg, Bruce)
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Filing 418
Letter From Jay Shapiro, Dated 2/1/08, To Counsel Regarding The Depositions Of Semen Vitukh And Mariya Vitukh by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 417
Letter to Hon. Steven M. Gold with additional document in connection with State Farm's Motion to Compel Discovery and Motion to Freeze Assets of Jacob Kagan, DE 266 by Jacob Kagan (Attachments: #1 Affidavit of Shlizerman) (Azrin, David)
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Filing 416
Letter to All Counsel re Gersten Savage LLP's withdrawal from this case by Roman Pergament, Igor Vetoukh, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Emmanuel Jacobs (Canales, Jason)
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Filing 414
AFFIDAVIT of Service for First Amended Complaint, Summons served on Oleg Portnov on 11/26/2007, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 413
AFFIDAVIT of Service for First Amended Complaint, Summons served on Aleksey Pugach on 11/26/2007, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 412
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin served on 11/26/2007, answer due 12/16/2007. (Shapiro, Jay)
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Filing 411
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Bohdar Vasechko served on 11/26/2007, answer due 12/16/2007. (Shapiro, Jay)
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Filing 410
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 1/23/2008 Re:Schedule Of Depositions by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Settlement Conference held on 1/18/2008. Shapiro and Marks for plaintiff, Steven Leykind, defendant pro se. Mr. Furman also present. Settlement discussion held. Counsel and/or pro se defendant to advise the court if either or both seek a further settlement conference. (Vasquez, Lea)
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Filing 409
Letter to Hon. Steven M. Gold, with documents requested by Court in connection with State Farm's Motion to Compel Discovery and Motion to Freeze Assets of Jacob Kagan, DE 266, by Jacob Kagan (Attachments: #1 Citibank Bank Statement, #2 Shteynberg Affidavit, #3 Statement, #4 North Fork Bank Statements) (Azrin, David)
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Filing 408
TRANSCRIPT of Oral Argument Proceedings held on 1/9/2007 before Judge Steven Gold. Court Reporter: Rosale Lombardi. (Credle, Rita)
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Filing 415
Minute Entry for proceedings held before Judge Nina Gershon:Show Cause Hearing held on 1/18/2008. Counsel for parties present. Defts Berlovich, Chapiro, Groysman, and their entities, IVB Medical Supply, Amaze Medical Supply/Careplus Medical Supply, and Fair Price Medical Supply withdraw their counterclaim under NY Gen Bus Law 349. (see calendar for details) (Fernandez, Erica)
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Filing 407
Letter to Judge Gold with copy of Stipulation Modifying Order of Attachment entered in criminal case, by Jacob Kagan (Attachments: #1 Stipulation Modifying Order of Attachment as to Defendant Jacob Kagan in criminal case) (Azrin, David)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 1/17/2008 re #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company. Shapiro for plaintiff, Azrin and Stavis for Kagan. Further argument held. Decision reserved. (Tape #FTR 3:08-3:30.) (Vasquez, Lea)
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Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 1/16/2008 re #391 MOTION to Withdraw as Attorney by Gersten Savage LLP filed by AAA-RAA Medical Supply, Inc., Roman Pergament, Belachy Supply, Inc., Arbov, Inc., Igor Vetoukh, Emmanuel Jacobs. Shapiro for plainitiff, Canales, with client, for Vetoukh and Arbov. The motion to be relieved is granted without objection. Vetoukh and Arbov will appear through new counsel within 30 days. (Tape #FTR 3:30 - 3:45.) (Vasquez, Lea)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Motion Hearing held on 1/16/2008 re #388 Notice of MOTION to Quash subpoena Duces Tecum filed by American Medical Inc. Shapiro for plaintiff, Helal for non-party American Medical, Inc. Motion denied for reasons stated on the record.(Tape #FTR 3:45-4:14.) (Vasquez, Lea)
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Filing 406
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 1/16/2008 Re: Schedule Of Depositions by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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ORDER denying #388 Motion to Quash. Ordered by Chief Magistrate Steven M. Gold on 01/16/08. (Gold, Steven)
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Filing 405
Letter From Jay Shapiro, Dated 1/11/08, To The Hon. Steven M. Gold Regarding Reminder To The Court That The Deposition Of Igor Kats Is Scheduled For 9 A.M., January 17 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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ORDER granting #391 Motion to Withdraw as Attorney. Attorney Robert S. Wolf; Jason Canales and Steven R. Popofsky terminated as to defendants AAA-RAA, Pergament, Jacobs, Belachy, and Yakubov only. In light of the notices of appearances filed on behalf of the above defendants, the motion to withdraw is granted. ORDER deferring ruling on #391 Motion to withdraw as attorney with respect to defendants Vitoukh and Arbov. Ordered by Chief Magistrate Steven M. Gold on 1/11/2008. (O'Connor, Erin)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 1/9/2008. Shapiro for plaintiff, Pinczewski for Pergament et al, Canales for Vetoukh and Arbov, Salerno for Nabutovsky et al, Zilberg for Berlovich et al, Betz for SPiel et al, Wooldrich for Rabinovich et al, Furman for Lipovsky et al, Rosenberg for Klotzman et al, Davis for Kats et al, Melamed for Victori Kagan. (1) The motion of Gersten Savage to withdraw as counsel for defendants Vetoukh and Arbov will be heard at 3:30 pm on January 16. Gersen Savage is directed to advise their clients that they are to appear for the hearing. The may do so by certified mail and are to provide proof of service to the court. (2) The letter motion to quash filed by non-party American Medical, Inc. will be heard at 3:30 pm on January 16. Counsel for plaintiff shall attempt to resolve the motion prior to the conference, and advise the court if successful in doing so. If the motion is not resolved, plaintiff's counsel will advise American Medical of the date and time for the hearing and that the court will permit its counsel to appear by telephone. (3) Plaintiff's motions for sanctions and for entry of default against defendants Kats and Vista Surgical are withdrawn as moot. These defendants shall file their answers electronically no later than January 10. (4) The letter motion to quash filed by defendants Lipovsky, Laufer and Yanovskaya is granted in part and denied in part for reasons stated on the record. (5) The court will continue the hearing on plaintiff's motion to freeze assets of defendant Jacob Kagan at 3:00 pm on January 16. Counsel shall be prepared to address the questions raised by the court on the record of today's proceedings. (6) Counsel for Mirka shall submit a status report on the efforts of Mirka to retain new counsel by January 15. (7) The Leykind defendants are advised that a corporation may appear only through counsel, and that a lay person may represent only himself or herself and not other individuals. Plaintiff and the Leykind defendants are encouraged to schedule a settlement conference with my chambers. THE COURT WILL HOLD A STATUS CONFERENCE AT 2:00 PM ON APRIL 9, 2008. Any matters to be addressed shall be raised in a motion or letter to the court filed no later than March 31, with responses due April 3. THE COURT NOTES THAT SEVERAL COUNSEL AND PRO SE PARTIES FAILED TO APPEAR FOR TODAY'S CONFERENCE. A FAILURE TO APPEAR ON APRIL 9 WILL BE DEEMED A WAIVER OF THE RIGHT TO BE HEARD ON ANY MATTER RIPE FOR ADJUDICATION, INCLUDING CASE MANAGEMENT, DISCOVERY, SCHEDULING AND SUBSTANTIVE ISSUES. COUNSEL WHO FAILED TO APPEAR TODAY ARE URGED TO ORDER A TRANSCRIPT OF THE PROCEEDINGS. ONLY THOSE COUNSEL INVOLVED IN THE ISSUES DESCRIBED IN (1) (2) AND (5) ABOVE ARE REQUIRED TO APPEAR ON JANUARY 16. (Tape #FTR 2:26-3:21.) (Vasquez, Lea)
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Filing 404
Verified Answer to Plaintiff's First Amended Complaint ANSWER to Complaint by Igor Kats. (Davis, Ellen)
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Filing 403
NOTICE of Appearance by Benjamin M. Pinczewski on behalf of Isaak Yakubov (aty to be noticed) (Pinczewski, Benjamin)
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ORDER granting #374 Motion for Leave to File. Ordered by Chief Magistrate Steven M. Gold on 01/09/08. (Gold, Steven)
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Filing 402
STIPULATION AND ORDER OF DISMISSAL of Sergei Khokhlov, Belford Instruments and Equipment, Inc. and Rosgal, LTD.. Pursuant to Fed. R. Civ. P. 41(a)(2), State Farm's claims against defendants are hereby voluntarily dismissed with prejudice. Ordered by Judge Nina Gershon on 1/4/2008. (Brucella, Michelle)
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Filing 401
SCHEDULING ORDER: Pre motion conference scheduled for Friday, 1/18/2008 at 10:30 a.m. in courtroom 6D South before Judge Nina Gershon. All outstanding motions will be heard at this conference. All parties involved in the action are directed to appear at this conference, whether or not they are involved in the proposed motion(s). The parties are reminded to adhere to the Individual Motion Practices of Judge Nina Gershon which are attached. So Ordered by Judge Nina Gershon on 12/27/2007. (Joe,Victor)
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Filing 400
Letter To The Hon. Nina Gershon, From Jonathan L. Marks, Dated 12/21/2007 In Response To The December 18, 2007 Letter Of Defendant Jacob Kagan by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B) (Shapiro, Jay)
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Filing 399
MOTION for Sanctions by Jacob Kagan. (Attachments: #1 Exhibit Portions of Sidorovitch Transcript) (Azrin, David)
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ORDER re #385 Stipulation filed by Mariya Vitukhnovskaya, Mara Services, Inc., #386 Stipulation filed by Mirka United, Inc. The Stipulations substituting counsel are approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/12/2007. (Vasquez, Lea)
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Filing 398
NOTICE of Appearance by Benjamin M. Pinczewski on behalf of Belachy Supply, Inc. (aty to be noticed) (Pinczewski, Benjamin)
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Filing 397
NOTICE of Appearance by Benjamin M. Pinczewski on behalf of Roman Pergament (notification declined) (Pinczewski, Benjamin)
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Filing 396
NOTICE of Appearance by Benjamin M. Pinczewski on behalf of Emmanuel Jacobs (aty to be noticed) (Pinczewski, Benjamin)
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Filing 395
NOTICE of Appearance by Benjamin M. Pinczewski on behalf of AAA-RAA Medical Supply, Inc. (aty to be noticed) (Pinczewski, Benjamin)
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Filing 394
NOTICE of Appearance by Benjamin M. Pinczewski on behalf of Roman Pergament (aty to be noticed) (Pinczewski, Benjamin)
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Filing 393
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 12/7/2007 In Response To Non-Party American Medical, Inc.'s Motion To Quash Subpoena by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Shapiro, Jay)
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Filing 392
AFFIDAVIT in Support re #391 MOTION to Withdraw as Attorney by Gersten Savage LLP filed by Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Emmanuel Jacobs. (Popofsky, Steven)
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Filing 391
MOTION to Withdraw as Attorney by Gersten Savage LLP by Roman Pergament, Igor Vetoukh, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Emmanuel Jacobs. (Attachments: #1 Affidavit of Service) (Popofsky, Steven)
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Filing 390
STIPULATION of Dismissal As To Sergei Khokhlov; Belford Instruments and Equipment, Inc; and Rosgal, Ltd.. by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 389
Letter to Magistrate Judge Gold by German Laufer, Eleanor Lipovsky, Liliya Yanovskaya (Furman, Mark)
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Filing 388
Notice of MOTION to Quash subpoena Duces Tecum by American Medical Inc.. (Helal, Yasser)
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Filing 387
ORDER granting in part and denying in part #320 Motion to Stay. Ordered by Chief Magistrate Steven M. Gold on 12/01/07. (Gold, Steven)
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Filing 386
STIPULATION for Substitution of Counsel by Mirka United, Inc. (Azrin, David)
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Filing 385
STIPULATION for Substitution of Counsel by Mariya Vitukhnovskaya, Mara Services, Inc. (Azrin, David)
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Filing 384
Letter To The Hon. Steven M. Gold, From Cara Roecker, Dated 11/27/2007, In Response To The Court's Request For Clarification regarding Its Pending Motion For Sanctions Regarding Igor Kats and Vista Surgical Supplies, Inc. And Request For Leave To Withdraw Its Pending Motion For Sanctions and Asks That This Court Enter A Default Judgment Against Defendants Igor Kats and Vista Surgical Supplies, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A, #2 Group Exhibit B) (Shapiro, Jay)
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Filing 383
Letter To The Hon. Steven M. Gold, From Jonathan L. Marks, Dated 11/27/2007, In Reply To Letter From Defendant Jacob Kagan, Dated 11/21/2007, That Asks This Court To Deny State Farm's Motion To Attach Kagan's Assets by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 382
Amended ANSWER to Complaint by Mara Services, Inc.. (LePack, Keith)
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Filing 381
Letter to Magistrate Judge Gold re: Motion to Quash subpoenas by German Laufer, Eleanor Lipovsky, Liliya Yanovskaya (Furman, Mark)
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Filing 380
Letter to Hon. Steven M. Gold in Opposition of Asset Freeze by Jacob Kagan (Attachments: #1 Exhibit Plea Agreement) (Stavis, Roger)
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Filing 379
TRANSCRIPT of Status Conference held on 11/9/07 before Judge Gold. Counsel for parties present. Transcription Co.: Fiore Transcription Service, Inc. (filed in hard copy) (Fernandez, Erica)
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Filing 378
TRANSCRIPT of Status Conference held on 9/26/07 before Judge Gold. Counsel for parties present. Transcription Co.: Fiore Transcription Service, Inc. (filed in hard copy) (Fernandez, Erica)
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Filing 377
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 11/21/2007, In Response To The Motion Of Defendants Eleanor Lipovsky, German Laufer and Liliya Yanovskaya That Asks This Court To Quash Subpoenae Duces Tecum by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 376
Letter to Judge Gold in response to State Farm's 11/20/07 letter by Jacob Kagan (Attachments: #1 Exhibit, #2 Exhibit) (Stavis, Roger)
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Filing 375
ANSWER to #373 Answer to Complaint, Crossclaim by Jacob Kagan. (Douglas, David)
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Filing 374
MOTION for Leave to File Supplemental Material Regarding State Farm's Motion to Freeze Assets of Jacob Kagan, Docket Entry 266, Filed by Jonathan L. Marks, Dated November 20, 2007 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Shapiro, Jay)
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Filing 373
Boris Rabinovich ANSWER to Complaint Amended Complaint, First CROSSCLAIM against all defendants by Boris Rabinovich. (Wooldridge, Nicholas)
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Filing 372
Letter to Magistrate Gold with exhibits A,B,C by German Laufer, Eleanor Lipovsky, Liliya Yanovskaya (Furman, Mark)
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Filing 371
Letter Dated November 15, 2007, from Cara A. Roecker, Regarding State Farm's Letter Dated November 14, 2007, Docket Entry 369 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit Response, #2 Exhibit Attachment to Response) (Shapiro, Jay)
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Filing 370
Letter To The Hon. Steven M. Gold, From Jay Shapiro, Dated 11/15/2007 Re: Status Report Concerning The Subpoena Issued To Expo Medical Supplies, Inc. by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 369
Letter Dated November 14, 2007 from Jonathan L. Marks, to Judge Gershon in Response to Letter by Jacob Kagan, Docket Entry 361 by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 368
Letter Dated November 13, 2007, from Cara A. Roecker, to Judge Gold Regarding Docket Entries as Directed in the November 9, 2007 Court Order by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 367
Letter From Cara A. Roecker, Dated 11/9/07, To The Hon. Steven M. Gold Regarding The Order Requiring State Farm To Notify Defendant Leykinds Of Allegations Related To Them In The Amended Complaint Not Contained In The Original Complaint by State Farm Mutual Automobile Insurance Company (Attachments: #1 Letter To Defendant Leykinds) (Shapiro, Jay)
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Filing 366
Letter From Cara A. Roecker, Dated 11/9/07, To The Hon. Steven M. Gold Requesting Sanctions Against Defendants Igor Kats And Vista Surgical Supplies, Inc. by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit # 1#2 Exhibit # 2#3 Exhibit # 3#4 Exhibit # 4#5 Exhibit # 5 - Proposed Order) (Shapiro, Jay)
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Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold: Status Conference held on 11/9/2007. Marks and Shapiro for plaintiff, Azrin and Stavis for Kagan and Mirka, Furman for Lipovsky and Palermo, LePak for Vituks and Mara. (1) Mr. LePak will promptly file a substitution of counsel with respect to Mara. (2) In light of the court's understanding that new counsel will be appearing imminently for Mirka, the application of Stavis and Azrin to be relieved as Mirka's counsel is denied without prejudice to renew if a substitution is not filed by November 16. (3) The court reserves decision on the motions argued today. Counsel for plaintiff shall submit a brief post-hearing letter pointing the court to the docket entries where the investigator affidavits and Kagan discovery material referred to during oral argument is filed. (Tape #FTR 10:47-12:07, 12:31-1:18.) (Vasquez, Lea)
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Filing 365
NOTICE by State Farm Mutual Automobile Insurance Company re #345 Reply to Response to Motion, #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan ; Regarding State Farm's Request To Supplement Record In Support Of State Farm's Motion For Attachment Of Assets Of Defendant Jacob Kagan (Attachments: #1 Affidavit Of Semion Grafman) (Shapiro, Jay)
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Filing 364
Letter to Cara A. Roecker, Esq. regarding document production by Jacob Kagan (Stavis, Roger)
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Filing 363
Letter to Hon. Nina Gershon with Exhibit A and Exhibit B by Jacob Kagan (Stavis, Roger)
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Filing 362
Letter from Cara A. Roecker, Dated November 7, 2007, to Counsel for Defendant Jacob Kagan Regarding Date Certain for Defendant Production of Documents by State Farm Mutual Automobile Insurance Company (Attachments: #1 Attachment) (Shapiro, Jay)
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Filing 361
Letter to Judge Gershon by Jacob Kagan (Stavis, Roger)
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Filing 360
TRANSCRIPT of Civil Cause for Oral Argument held on 11/6/07 before Judge Gold. Counsel present with parties. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica)
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Filing 359
NOTICE of Appearance by William E. Betz on behalf of Douglas J. Spiel (aty to be noticed) (Betz, William)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 11/1/2007. (1) Oral argument previously set for November 8 will be held instead at 10:30 am on November 9. If the representation issues concerning Mara and Mirka have not by then been resolved, a principal of each entity must be present at that time. (2) Plaintiff's motion made by letter dated October 23, 2007 with respect to non-party Mount Vernon, Docket Entry 346, is withdrawn as moot. (3) Non-party Expo Medical's motion to quash granted in part and denied in part for reasons stated on the record. Plaintiff will file a letter by November 15 reporting on the parties' progress complying with the rulings made today with respect to this subpoena. (4) Leykind depositions to be deferred until December in light of their pro se status. Plaintiff will notify Leykinds within one week of any allegations in the amended complaint not contained in plaintiff's original pleading. Leykinds to answer within one week thereafter, and may do so by submitting a document that incorporates the substance of their original answer by reference. (5) Plaintiff may, by November 9, seek sanctions against any defendant who has not timely submitted automatic disclosures. (6) Subpoenas to banks used by Nabatovsky and AL Medical for bank records reflecting transactions with other parties to this action will be responded to under the limitations discussed on the record. (7) The motion of defendant YAD to stay enforcement of the subpoena for its bank records pending a decision on its anticipated motion to dismiss is denied for reasons stated on the record. (8) Various other case management and discovery rulings on the record. (Tape #FTR 3:19-4:58.) (Vasquez, Lea)
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Filing 358
Letter To The Hon. Nina Gershon, From Jay Shapiro, Dated 11/01/2007 In Response To The Request For A Pre-Motion Conference By Milan Medical PC, and German Laufer, MD by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Shapiro, Jay)
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ORDER withdrawing #299 Motion to Compel as per plaintiff's letter document number 355. Ordered by JudgeSteven M. Gold on 11/01/07. (Gold, Steven)
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ORDER granting #235 Motion to Withdraw as Attorney. ; granting #267 Motion for Extension of Time to File Response/Reply ; granting in part and denying in part #335 Motion to Quash. Ordered by JudgeSteven M. Gold on 11/01/07. (Gold, Steven)
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ORDER re #339 Letter filed by A to Z Medical Supplies, Inc. : The application by defendants Klotsman et al. to defer providing Rule 26 disclosures until a decision has been rendered on their anticipated motion to dismiss or further order of the court is, as indicated at pages 30-31 of the transcript of the last conference, GRANTED. Ordered by Judge Steven M. Gold on 10/31/07. (Gold, Steven)
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Filing 357
Letter To The Hon. Magistrate Judge Steven M. Gold, From Jonathan L. Marks, Dated 10/30/07 As A Sur-Reply Regarding Applications For A Stay Of Discovery By Defendants Kagan, Lipovsky and Palermo by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1#2 Exhibit 2) (Shapiro, Jay)
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SCHEDULING ORDER: Due to a scheduling conflict, the conference previously scheduled for November 1st will begin at 3:00 p.m. instead of 2:00 p.m. Counsel are directed to note this change accordingly. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/29/2007. (Vasquez, Lea)
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ORDER Non-party Expo Medical Supplies, Inc. ("Expo"), has filed a motion to quash a subpoena filed by plaintiff State Farm. Docket Entry ("DE") 335. State Farm opposes the motion on procedural grounds and on its merits. DE 340. Among the procedural grounds asserted by State Farm are that Expo has not conferred with plaintiff in an attempt to resolve the pending dispute. Accordingly, plaintiff and Expo are directed to meet and confer in an effort to resolve the pending motion. If a resolution is not reached before November 1, I will hear argument on the motion during the conference scheduled for 2:00 pm on that date. Plaintiff is directed to notify Expo's counsel of this order. Ordered by Judge Steven M. Gold on 10/28/07. (Gold, Steven)
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Filing 356
Letter to Magistrate Gold with exhibits by Palermo Medical, PC, Eleanor Lipovsky (Attachments: #1 #2) (Furman, Mark)
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Filing 355
Letter To The Hon. Magistrate Judge Steven M. Gold, From Cara A. Roecker, Dated 10/26/2007 Re: Leave To Withdraw Motion For Asset Discovery From Defendant Nabutovsky by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 354
DISCLOSURE of Interested Parties by Victoria Kagan. (Melamed, Abraham)
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Filing 353
Letter and exhibits by Milan Medical P.C., German Laufer (Attachments: #1 #2 #3) (Furman, Mark)
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Filing 352
FIRST ANSWER to Amended Complaint Mugerman by Infinity Health Products, Ltd.. (Meringolo, John)
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Filing 351
Letter Gold extension letter by Eleanor Lipovsky (Furman, Mark)
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Filing 350
ANSWER to Crossclaim by Boris Rabinovich, Health World AI, Ltd.. (Wooldridge, Nicholas)
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Filing 349
ANSWER to Crossclaim by Boris Rabinovich. (Wooldridge, Nicholas)
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Filing 348
ANSWER to Crossclaim by Boris Rabinovich, Health World AI, Ltd.. (Wooldridge, Nicholas)
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Filing 347
ANSWER to Crossclaim by Boris Rabinovich, Health World AI, Ltd.. (Wooldridge, Nicholas)
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Filing 346
Letter From Jonathan L. Marks, Dated 10/23/07, To The Hon. Steven M. Gold Requesting That The Court Enter An Order Compelling Mount Vernon Money Center To Produce Documents Responsive To Subpoenas Served by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A#2 Exhibit B) (Shapiro, Jay)
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Filing 345
REPLY to Response to Motion re #320 MOTION to Stay re #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan and Response to Motion to Stay re #333 and Letter by Palermo Medical PC, Eleanor Lipovsky #337 , Dated 10/19/2007 from Jonathan L. Marks, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3) (Shapiro, Jay)
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Filing 344
Letter including M&Y Management as entity seeking motion by Artur Klotsman (Rosenberg, Bruce)
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Filing 343
STIPULATION AND ORDER OF DISMISSAL as to Dmitriy Kazakov and Dilon Medical Supply Corp. Ordered by Judge Nina Gershon on 10/17/07. (Fernandez, Erica)
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ORDER granting #341 Motion for Extension of Time to October 19th File response. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/17/2007. (Vasquez, Lea)
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Filing 342
Letter of Clarification with Regard to State Farm's Motion for Extension of Time Filed 10/16/2007 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit) (Shapiro, Jay)
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Filing 341
MOTION for Extension of Time to File Response to Motion to Stay Discovery by Defendant Lipovsky and Motion to Stay Discovery and in Opposition to Motion for Attachment of Assets by Defendant Kagan, from Cara A. Roecker, Dated 10/16/2007, by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 340
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 10/15/2007 In Response To The Motion Of Non-Party Expo Medical Supplies To Quash State Farm's Subpoena by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 339
Letter to Magistrate Judge Gold by A to Z Medical Supplies, Inc. (Rosenberg, Bruce)
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Filing 338
STIPULATION of Dismissal As To Defendants Dmitriy Kazakov and Dilon Medical Supply Corp. by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 337
Letter by Palermo Medical, PC, Eleanor Lipovsky (Attachments: #1 #2) (Furman, Mark)
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Filing 336
Letter by Palermo Medical, PC, Eleanor Lipovsky (Attachments: #1 #2) (Furman, Mark)
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Filing 335
MOTION to Quash by Expo Medical Supplies, Inc.. (Worms, Victor)
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Incorrect Case/Document/Entry Information. PLEASE DISREGARD DOCUMENT #336 CORRECTED DOCUMENT HAS BEEN FILED. (Guzzi, Roseann)
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Filing 334
AFFIDAVIT in Support re #320 MOTION to Stay re #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan filed by Jacob Kagan. (Attachments: #1 Exhibit 1 (Indictment)#2 Exhibit 2 (Attachment Order) (Part 1 of 2)#3 Exhibit 2 (Attachment Order) (Part 2 of 2)) (Azrin, David)
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Filing 333
MEMORANDUM in Support re #320 MOTION to Stay re #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan by Jacob Kagan. (Azrin, David)
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Filing 332
TRANSCRIPT OF STATUS CONFERENCE held on 9/26/07 before Judge Steven M. Gold. Fiore Transcription Service, Inc., Shelton, CT (203) 929-9992. (Brucella, Michelle)
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Filing 331
Letter undated to the Court from Steve Leykind advising that Steve, Elarya, and Galina Leykind will be representing themselves in this matter and advise of address as follows: Steve Leykind, P.O. Box 40173, Staten Island, NY 10304. Tel.# 718-669-8297. (docket sheet updated) (Fernandez, Erica)
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Filing 330
ANSWER to Amended Complaint by Semen Vitukhnovskiy a/k/a Vitukh, Mariya Vitukhnovskaya. (LePack, Keith)
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Filing 329
AFFIDAVIT of Service for Summons And First Amended Complaint served on Seaside Wholesale, LTD. on 8/28/2007, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 328
AFFIDAVIT of Service for Summons And First Amended Complaint served on Bethel Equipment And Supply Wholesaler, Inc. on 8/28/2007, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 327
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Star Diagnostic Center, Inc. d/b/a Star Medical Systems served on 9/14/2007, answer due 10/4/2007. (Shapiro, Jay)
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Filing 326
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Atlas Medical Equipment served on 9/14/2007, answer due 10/4/2007. (Shapiro, Jay)
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Filing 325
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Model Supply, Inc. served on 8/28/2007, answer due 9/17/2007. (Shapiro, Jay)
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Filing 324
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Empire Supply, Inc. served on 8/28/2007, answer due 9/17/2007. (Shapiro, Jay)
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Filing 323
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Alec Palmer served on 8/1/2007, answer due 8/21/2007. (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Interim Pretrial Conference held on 9/26/2007. Shapiro and Marks for plaintiff; Cardenas for Grafman and Schultz, et al; Certain for Berlovich, et al; Salerno for Nabutovsky, et al, Popofsky for Arbov, et al; Grunewald for Rosgal et al; Heberman for Albatros, et al; Melamed for Victoria Kagan; Rosenberg for Klotzman; Furman for Koretsky, et al; Greenberg for Kalovsky, et al; Stavis and Azrin for Jacob Kagan; Davis for Katz; LePak for Vitak; Woodrich for Rabinovich. (1) Plaintiffs will make Rule 26(a) disclosures today, and serve any new interrogatories and document demands by 9/28. Defendants will make Rule 26(a) mandatory disclosures by 10/22 and respond to any new or outstanding interrogatories and document demands, and supplement previously supplied responses, by November 2. (2) Defendants will serve interrogatories and document demands by 10/19. Plaintiff will respond and supplement any previously supplied responses by 11/30. (3) The court will hold another conference on NOVEMBER 1, 2007 AT 2 PM. At that time, all newly appearing defendants shall be in attendance. In addition, the court will address any case management or discovery disputes that arise between now and then. Finally, any counsel moving to be relieved shall arrange for the client(s) who are the subject of the motion to be in attendance prepared to articulate any objection to that motion. (4) Joseph Kagan will submit a formal motion on the issues concerning him discussed today by 10/10. Eleanor Lipofsky may file a motion by the same date. Plaintiff will respond and submit any cross-motion by 10/17. Defendants Kagan and Lipofsky will submit a reply and opposition to plaintiff's motin by 10/24, and plaintiff will submit a reply by 10/30. THE COURT WILL HEAR ARGUMENT ON NOVEMBER 8 AT 3 PM. (5) A FURTHER STATUS CONFERENCE WILL BE HELD AT 2:00 PM ON JANUARY 9, 2008. (Tape #FTR 3:15-5:02.) (Vasquez, Lea)
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Filing 322
REQUEST for Production of Documents by Rosgal, LTD., Belford Instruments and Equipment, Inc., Sergei Khokhlov(Rosgal, Ltd., Sergei Khokhlov, Belford Instruments). (Grunewald, Raymond)
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Filing 321
Defendants Albatros Medical, P.C. and Douglas J. Spiel, M.D.'s ANSWER to Amended Complaint by Douglas J. Spiel. (Haberman, Paul)
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Filing 320
MOTION to Stay re #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan by Jacob Kagan. (Azrin, David)
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Filing 319
Letter Consent to Change Attorney by Alla Shklyar, Eduard Shklyar (Pinczewski, Benjamin)
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Filing 318
Letter Consent to Change Attorney by Edel Surgical and Medical Supply, Inc. (Pinczewski, Benjamin)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 9/24/2007. Shapiro for plaintiff, Wooldrich for Rabinovich. Status conference held. Counsel will advise the court if they seek to bring any additional issues before me to be resolved. (Vasquez, Lea)
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Filing 317
RESPONSE in Opposition re #299 MOTION to Compel Defendant Nabutovsky to Answer State Farm's Second Set of Document Requests and Interrogatories filed by Vladimir Nabutovsky. (Attachments: #1 Exhibit A, letter of 4/30/07#2 Exhibit B, responses to demands) (Salerno, Laure)
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Filing 316
ANSWER to Complaint, COUNTERCLAIM against all plaintiffs by Robert Khalavsky. (Attachments: #1 Supplement Amended Answer Part 2#2 Supplement Amended Answer Part 3#3 Supplement Amended Answer Part 4#4 Supplement Amended Answer 5) (Rubin, Roger)
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Filing 315
Letter to Court from Jonathan L. Marks Regarding Proposed Case Management Plan by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C) (Shapiro, Jay)
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Filing 314
Letter to Judge Gershon re pre-motion conference by Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Emmanuel Jacobs (Popofsky, Steven)
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NOTICE Due to an oversight, two conferences were scheduled within days of each other. Accordingly, the next conference will take place at on September 26th at 3:00 p.m. as ordered on July 17th. The conference scheduled for September 24th is CANCELED. (Vasquez, Lea)
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Filing 313
ANSWER to Amended Complaint by Bergamo Medical, PC, Liliya Yanovskaya. (Attachments: #1 #2) (Furman, Mark)
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Filing 312
ANSWER to Amended Complaint by Palermo Medical, PC, Eleanor Lipovsky. (Attachments: #1 #2) (Furman, Mark)
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Filing 311
ANSWER to Amended Complaint by Meridian Medical Of NY, PC, Zoya Maksumova. (Attachments: #1 #2) (Furman, Mark)
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Filing 310
ANSWER to Amended Complaint by Milan Medical P.C., German Laufer. (Attachments: #1 #2) (Furman, Mark)
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Filing 309
Letter To The Hon. Nina Gershon, From Cara A Roecker, Dated 9/10/2007, Requesting A Pre-Motion Conference Regarding The Counterclaim--- by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit) (Shapiro, Jay)
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Filing 308
REPLY in Opposition REPLY TO COUNTERCLAIM OF DEFENDANT BELACHY SUPPLY, INC. by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 307
REPLY in Opposition REPLY TO COUNTERCLAIM OF DEFENDANT AAA-RAA MEDICAL SUPPLY, INC. by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 306
REPLY in Opposition REPLY TO COUNTERCLAIM OF DEFENDANT ARBOV, INC. by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 305
STIPULATION AND ORDER REGARDING COUNTERCLAIMS AGAINST STATE FARM. Ordered by Judge Nina Gershon on 9/6/07. (Fernandez, Erica)
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Filing 304
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 8/31/2007, Requesting That The Counterclaims Asserted Against State Farm Be Dismissed Without Prejudice Pursuant To The Attached Stipulation by State Farm Mutual Automobile Insurance Company (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order) (Shapiro, Jay)
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Filing 303
Letter Opposition in Response to Letter Pre-Motion Regarding Document # 298 Request for Pre-Motion Conference by State Farm Mutual Automobile Insurance Company (Attachments: #1 Attachment) (Shapiro, Jay)
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Filing 302
Letter To The Hon. Nina Gershon, From Cara A. Roecker, Dated 8/28/2007 Requesting A Pre-Motion Conference by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1#2 Exhibit 2) (Shapiro, Jay)
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Filing 301
REPLY in Opposition REPLY TO THE JOINT COUNTERCLAIM OF DEFENDANTS IGOR BERLOVICH, ARKADI CHAPIRO, LYUBOV GROYSMAN, IVB MEDICAL SUPPLY, INC., AMAZE MEDICAL SUPPLY, INC., CAREPLUS MEDICAL SUPPLY,INC., and FAIR PRICE MEDICAL SUPPLY by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 300
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Larisa Klochkov served on 8/27/2007, answer due 9/17/2007. (Shapiro, Jay)
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Filing 299
MOTION to Compel Defendant Nabutovsky to Answer State Farm's Second Set of Document Requests and Interrogatories by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7 - part 1#8 Exhibit 7 - part 2#9 Exhibit 8) (Shapiro, Jay)
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Filing 298
Letter Pre Motion by A to Z Medical Supplies, Inc. (Rosenberg, Bruce)
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Filing 297
ANSWER to Crossclaim by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc.. (Certain, Gary)
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Filing 296
ANSWER to Crossclaim Contained in Defendant Jacob Kagan's Answer to Plaintiff's First Amended Complaint by Sergei Khokhlov, Rosgal, LTD., Belford Instruments and Equipment, Inc.. (Grunewald, Raymond)
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Filing 295
Letter To The Hon. Nina Gershon, From Jay Shapiro, Dated 8/22/2007 Regarding The Filing That Purports To Be A Motion To Dismiss The Amended Complaint by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Motions terminated, docketed incorrectly: #292 MOTION to Dismiss Amended Compliant filed by YAD Trading & Services, Inc., #289 MOTION to Dismiss Amended compliant filed by Artur Klotsman, #291 MOTION to Dismiss Amended Compliant filed by Demitry Tsepenyuk, #293 MOTION to Dismiss Amended Compliant filed by KLM Trading, Ltd., #288 MOTION to Dismiss Amended Compliant filed by AYD Services, Inc., #287 MOTION to Dismiss Amended Compliant filed by A to Z Medical Supplies, Inc., #294 MOTION to Dismiss Amended Compliant filed by YAD Trading & Services, Inc., #290 MOTION to Dismiss Amended Compliant filed by Yacov Moin. * Counsel is advised to comply with Judge Gershon's individual rules which require a premotion conference prior to filing dispositive motions. Counsel is also advised for future filings to please use correct events. (Fernandez, Erica)
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Filing 294
MOTION to Dismiss Amended Compliant by YAD Trading & Services, Inc..Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 293
MOTION to Dismiss Amended Compliant by KLM Trading, Ltd..Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 292
MOTION to Dismiss Amended Compliant by YAD Trading & Services, Inc..Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 291
MOTION to Dismiss Amended Compliant by Demitry Tsepenyuk.Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 290
MOTION to Dismiss Amended Compliant by Yacov Moin.Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 289
MOTION to Dismiss Amended compliant by Artur Klotsman.Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 288
MOTION to Dismiss Amended Compliant by AYD Services, Inc..Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 287
MOTION to Dismiss Amended Compliant by A to Z Medical Supplies, Inc..Responses due by 9/19/2007 (Rosenberg, Bruce)
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Filing 286
ANSWER to Complaint First Amended, COUNTERCLAIM against State Farm Mutual Automobile Insurance Company by Isaak Yakubov, Belachy Supply, Inc., Emmanuel Jacobs. (Canales, Jason)
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Filing 285
ANSWER to Complaint First Amended, COUNTERCLAIM against State Farm Mutual Automobile Insurance Company by Igor Vetoukh, Arbov, Inc.. (Canales, Jason)
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Filing 284
ANSWER to Complaint First Amended, COUNTERCLAIM against State Farm Mutual Automobile Insurance Company by Roman Pergament, AAA-RAA Medical Supply, Inc.. (Canales, Jason)
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Filing 283
ANSWER to Crossclaim Contained in Defendant Andrei Schultz's Answer to Plaintiff's First Amended Complaint by Rosgal, LTD., Belford Instruments and Equipment, Inc., Sergei Khokhlov(Rosgal, Ltd., Sergei Khokhlov, Belford Instruments). (Grunewald, Raymond)
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Filing 282
ANSWER to Crossclaim Contained in Defendant Semion Grafman's Answer to Plaintiff's First Amended Complaint by Rosgal, LTD., Belford Instruments and Equipment, Inc., Sergei Khokhlov(Rosgal, Ltd., Sergei Khokhlov, Belford Instruments). (Grunewald, Raymond)
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Filing 281
ANSWER to Crossclaim Contained in Defendants' Vladimir Nabutovsky and AL Medical and Surgical Supply, Inc., Answer to Plaintiff's First Amended Complaint by Sergei Khokhlov, Rosgal, LTD., Belford Instruments and Equipment, Inc.. (Grunewald, Raymond)
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Filing 280
ANSWER to Crossclaim by Jacob Kagan. (Douglas, David)
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Filing 279
ANSWER to Crossclaim by Jacob Kagan. (Douglas, David)
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Filing 278
ANSWER to Crossclaim by Jacob Kagan. (Douglas, David)
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Filing 277
SCHEDULING ORDER Attached: The Court will hold a hearing to discuss all pending motions, and to enter a case management plan, at 10:00 a.m. on September 24th. (Vasquez, Lea)
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Filing 276
Verified ANSWER to Complaint (1st Amended) by Victoria Kagan. (Melamed, Abraham)
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Filing 275
NOTICE of Appearance by Jason Canales on behalf of Roman Pergament, Igor Vetoukh, Isaak Yakubov, Emmanuel Jacobs (aty to be noticed) (Canales, Jason)
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Filing 274
ANSWER to Complaint First Amended, First CROSSCLAIM against Albert Srour, Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin, Sergei Khokhlov, Alec Palmer, Atlas Medical Equipment, Rosgal, LTD., Star Diagnostic Center, Inc. d/b/a Star Medical Systems, Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Victoria Kagan, Igor Kats, Dmitriy Kazakov, Larisa Klochkov, Margarita Khalavsky, Artur Klotsman, Eduard Koretsky, Oleg Leykind, Yacov Moin, ILya Mugerman, Alla Shklyar, Eduard Shklyar, Demitry Tsepenyuk, Bohdar Vasechko, Semen Vitukhnovskiy a/k/a Vitukh, Amaze Medical Supply, Inc., A to Z Medical Supplies, Inc., AYD Services, Inc., Belford Instruments and Equipment, Inc., Careplus Medical Supply, Inc., Dilon Medical Supply, Corp., Edel Surgical and Medical Supply, Inc., Empire Supply, Inc., Fair Price Medical Supply, Corp., Infinity Health Products, Ltd., IVB Medical Supply, Inc., KLM Trading, Ltd., Model Supply, Inc., Vista Surgical Supplies, Inc., YAD Trading & Services, Inc., Albatros Medical, PC., Alexandrite Medical Care, PC, Almaz Medical Services, PC, Bergamo Medical, PC, Eshel Medical Rehabilitation, LLC, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Refuah Medical Rehabilitation, LLC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Lee Craig Nagourney, Douglas J. Spiel, Liliya Yanovskaya, Robert Khalavsky, Horizon Management of NY, Inc., Graham Management Group, Inc., State Farm Mutual Automobile Insurance Company, Jacob Kagan, Roman Pergament, Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Galina Leykind, Steven Leykind, Laura Leykind, Boris Rabinovich, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Al Medical and Surgical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Bethel Equipment, Inc., Health World AI, Ltd., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Seaside Wholesale, Ltd., Iriona Ivleva, Emmanuel Jacobs, Kings Medical Supply Inc., Sergei Khokhlov(Rosgal, Ltd., Sergei Khokhlov, Belford Instruments) by Abdrei Schultz. (Cardenas, Jude)
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Filing 273
ANSWER to Complaint First Amended, First CROSSCLAIM against Albert Srour, Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin, Sergei Khokhlov, Alec Palmer, Atlas Medical Equipment, Rosgal, LTD., Star Diagnostic Center, Inc. d/b/a Star Medical Systems, Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Victoria Kagan, Igor Kats, Dmitriy Kazakov, Larisa Klochkov, Margarita Khalavsky, Artur Klotsman, Eduard Koretsky, Oleg Leykind, Yacov Moin, ILya Mugerman, Alla Shklyar, Eduard Shklyar, Demitry Tsepenyuk, Bohdar Vasechko, Semen Vitukhnovskiy a/k/a Vitukh, Amaze Medical Supply, Inc., A to Z Medical Supplies, Inc., AYD Services, Inc., Belford Instruments and Equipment, Inc., Careplus Medical Supply, Inc., Dilon Medical Supply, Corp., Edel Surgical and Medical Supply, Inc., Empire Supply, Inc., Fair Price Medical Supply, Corp., Infinity Health Products, Ltd., IVB Medical Supply, Inc., KLM Trading, Ltd., Model Supply, Inc., Vista Surgical Supplies, Inc., YAD Trading & Services, Inc., Albatros Medical, PC., Alexandrite Medical Care, PC, Almaz Medical Services, PC, Bergamo Medical, PC, Eshel Medical Rehabilitation, LLC, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Refuah Medical Rehabilitation, LLC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Lee Craig Nagourney, Douglas J. Spiel, Liliya Yanovskaya, Robert Khalavsky, Horizon Management of NY, Inc., Graham Management Group, Inc., State Farm Mutual Automobile Insurance Company, Jacob Kagan, Roman Pergament, Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Galina Leykind, Steven Leykind, Laura Leykind, Boris Rabinovich, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Al Medical and Surgical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Bethel Equipment, Inc., Health World AI, Ltd., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Seaside Wholesale, Ltd., Iriona Ivleva, Emmanuel Jacobs, Kings Medical Supply Inc., Sergei Khokhlov by Semion Grafman. (Cardenas, Jude)
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Filing 272
ANSWER to Complaint (Amended Complaint), CROSSCLAIM against all defendants by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 271
RESPONSE in Opposition re #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan filed by Jacob Kagan. (Douglas, David)
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Filing 270
Letter MOTION to Withdraw by Jacob Kagan, Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc.. (Douglas, David)
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Filing 269
ANSWER to Amended Complaint, COUNTERCLAIM against State Farm Mutual Automobile Insurance Company by Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Amaze Medical Supply, Inc., Careplus Medical Supply, Inc., Fair Price Medical Supply, Corp., IVB Medical Supply, Inc.. (Certain, Gary)
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Filing 268
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Oleg Leykind served on 6/26/2007, answer due 7/16/2007. (Shapiro, Jay)
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Filing 267
MOTION for Extension of Time to File Response/Reply as to #266 MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan by Jacob Kagan. (Azrin, David)
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Filing 266
MOTION to Compel Discovery and Motion to Freeze Assets of Jacob Kagan by State Farm Mutual Automobile Insurance Company. (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) (Shapiro, Jay)
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Filing 265
ANSWER to Amended Complaint, CROSSCLAIM against all defendants by Jacob Kagan. (Douglas, David)
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Filing 264
Letter From Cara A. Roecker, Dated 7/17/07, To The Hon. Steven M. Gold Re: Plaintiff Writes To Correct One Portion Of Its Letter To The Court Submitted Yesterday Regarding The Status Of Service Of State Farm's First Amended Complaint by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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ORDER re #263 Letter filed by State Farm Mutual Automobile Insurance Company: A pretrial conference will be held at 3:00 pm on September 26, 2007. Plaintiff shall promptly advise all parties who are not receiving ECF notifications of the date and time for the conference. Plaintiff shall circulate a proposed case management plan by September 18, 2007. Ordered by Judge Steven M. Gold on 07/17/07. (Gold, Steven)
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Filing 263
Letter to Court Regarding Status of Service and Request for Conference by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1#2 Exhibit 2) (Shapiro, Jay)
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Filing 262
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Dilon Medical Supply, Corp. waiver sent on 6/18/2007, answer due 8/17/2007. (Shapiro, Jay)
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Filing 261
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. IVB Medical Supply, Inc. waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 260
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Igor Berlovich waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 259
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Careplus Medical Supply, Inc. waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 258
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Amaze Medical Supply, Inc. waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 257
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Arkadi Chapiro a/k/a Shapiro waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 256
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Lyubov Groysman waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 255
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Fair Price Medical Supply, Corp. waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 7/11/2007. Dougall for plaintiff, Popofsky for Leykind defendants, Steven Leykind present. Gersten Savage's motion to be relieved is granted for reasons stated on the sealed record. The time for the Leykind defendants to answer is extended to September 15. Plaintiff shall submit a letter advising the court of the status of service of the amended complaint and suggesting a date after September 15 for a case management conference. (Tape #FTR 12:01 - 12:36.) (Vasquez, Lea)
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Filing 254
ANSWER to Amended Complaint, COUNTERCLAIM against all plaintiffs by Margarita Khalavsky, Robert Khalavsky, Horizon Management of NY, Inc., Graham Management Group, Inc.. (Attachments: #1 Answer (part 2)#2 Answer (part 3)#3 Answer (part 4)#4 Answer (part 5)) (Rubin, Roger)
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Filing 253
NOTICE of Appearance by Roger V. Rubin on behalf of Margarita Khalavsky, Robert Khalavsky, Horizon Management of NY, Inc., Graham Management Group, Inc. (aty to be noticed) (Rubin, Roger)
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Email Notification Test - DO NOT REPLY (Levine, Evelyn)
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Filing 252
Letter To The Hon. Steven M. Gold, From Cara A. Roecker, Dated 7/2/2007 Re: Status In Connection With The May 31,2007 Telephone Conference Regarding State Farm's Subpoena To Albert Srour/Kechek Realty For Documents Related To 81 Willoughby, by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 251
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Rosgal, LTD. waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 250
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Belford Instruments and Equipment, Inc. waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 249
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Sergei Khokhlov waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 248
WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. Dmitriy Kazakov waiver sent on 6/5/2007, answer due 8/6/2007. (Shapiro, Jay)
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Filing 247
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Lee Craig Nagourney served on 6/14/2007, answer due 7/4/2007. (Cirel, Alexis)
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Filing 246
Letter to Judge Gold re conference scheduling by Galina Leykind, Steven Leykind, Laura Leykind, Madera Medical Supply, Inc., Northridge Supply, Inc. (Popofsky, Steven)
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SCHEDULING ORDER:The Conference previously scheduled for June 21st for the "Leykind" defendants, will instead be held at 12:00 p.m. on July 11, 2007. So Ordered by Chief Magistrate Judge Steven Gold on June 13, 2007. (Vasquez, Lea)
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Filing 245
REQUEST for Production of Documents by Sergei Khokhlov, Rosgal, LTD., Belford Instruments and Equipment, Inc.. (Grunewald, Raymond)
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Filing 244
ANSWER to Amended Complaint by Sergei Khokhlov, Rosgal, LTD., Belford Instruments and Equipment, Inc.. (Grunewald, Raymond)
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Filing 243
Letter to Judge Gold re motion by Galina Leykind, Steven Leykind, Laura Leykind, Madera Medical Supply, Inc., Northridge Supply, Inc. (Popofsky, Steven)
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ORDER re #243 Letter filed by Laura Leykind, Northridge Supply, Inc., Steven Leykind, Galina Leykind, Madera Medical Supply, Inc.: The Court has received Mr. Popofsky's letter dated June 5, 2007, docket entry 243, and the letter from Steven Leykind transmitted by facsimile and not filed or provided to counsel for the other parties in the case. THE COURT WILL HOLD A CONFERENCE AT 12:00 NOON ON JUNE 21, 2007, to provide the Leykind defendants an opportunity to explain their concerns orally, and for a representative of the Gersten Savage firm to respond. Although all parties may attend, only the Leykind defendants and the Gersten Savage firm are required to appear. Moreover, it is likely that other parties will be excluded from at least part of the proceedings to ensure that there is no disclosure of privileged attorney-client communications. Gersten Savage shall provide the Leykind defendants with notice of this order, and instruct each of them that a failure to appear will be deemed a waiver of the right to be heard in opposition to Gersten Savage's motion to be relieved, and provide proof of same to the court at the time of the conference. Ordered by Judge Steven M. Gold on 06/05/07. (Gold, Steven)
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Filing 242
NOTICE by State Farm Mutual Automobile Insurance Company re #241 Amended Complaint,,,,,, NOTICE REGARDING THE FILING OF EXHIBITS 1-49 IN PAPER FORM (Shapiro, Jay)
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Filing 241
AMENDED COMPLAINT {Exhibits To Be Filed In Hard Copy With The Court} against Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin, Sergei Khokhlov, Alec Palmer, Atlas Medical Equipment, Rosgal, LTD., Star Diagnostic Center, Inc. d/b/a Star Medical Systems, Igor Berlovich, Arkadi Chapiro a/k/a Shapiro, Lyubov Groysman, Victoria Kagan, Igor Kats, Dmitriy Kazakov, Larisa Klochkov, Artur Klotsman, Eduard Koretsky, Oleg Leykind, Yacov Moin, ILya Mugerman, Alla Shklyar, Eduard Shklyar, Demitry Tsepenyuk, Bohdar Vasechko, Semen Vitukhnovskiy a/k/a Vitukh, Amaze Medical Supply, Inc., A to Z Medical Supplies, Inc., AYD Services, Inc., Belford Instruments and Equipment, Inc., Careplus Medical Supply, Inc., Dilon Medical Supply, Corp., Edel Surgical and Medical Supply, Inc., Empire Supply, Inc., Fair Price Medical Supply, Corp., Infinity Health Products, Ltd., IVB Medical Supply, Inc., KLM Trading, Ltd., Model Supply, Inc., Vista Surgical Supplies, Inc., YAD Trading & Services, Inc., Albatros Medical, PC., Alexandrite Medical Care, PC, Almaz Medical Services, PC, Bergamo Medical, PC, Eshel Medical Rehabilitation, LLC, Meridian Medical Of NY, PC, Milan Medical P.C., Palermo Medical, PC, Refuah Medical Rehabilitation, LLC, German Laufer, Eleanor Lipovsky, Zoya Maksumova, Lee Craig Nagourney, Douglas J. Spiel, Liliya Yanovskaya, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Amended Complaint- Part 2#2 Amended Complaint- Part 3#3 Amended Complaint- Part 4) (Shapiro, Jay)
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Filing 240
Letter ordered by the Court by Galina Leykind, Steven Leykind, Laura Leykind, Madera Medical Supply, Inc., Northridge Supply, Inc. (Popofsky, Steven)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 5/31/2007. Marks, Recker, for plaintiff; Popofsky for Leykind defendants. Mr. Popofsky will promptly advise the Leykind defendants that his law firm's motion to be relieved will be granted as unopposed if no objection is made by June 7, that a corporation may appear only through counsel, and that the LeykInd defendants should advise the court by June 7 if they intend to retain counsel to represent the Leykind defendant corporation(s). Mr. Popofsky will file proof of having so advised the Leykind defendants with the court by June 7. (Tape #4:06 - 4:14.) (Vasquez, Lea)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 5/31/2007. Marks, Recker and Shapiro for plaintiff, Beerman for non-party Srour. Counsel for plaintiff and Srour will proceed with subpoena compliance consistent with the discussion held today. Counsel will submit a report on the status of Srour's production by July 1. No objection having been made by non-party Pantheon Realty, Inc., pantheon is hereby ordered to comply with plaintiff's subpoena within three weeks on pain of recommended contempt. (Tape #FTR 3:33-3:50.) (Vasquez, Lea)
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Filing 239
SCHEDULING ORDER: Telephone Conference set for 5/31/2007 at 4:00 PM before Chief Magistrate Steven M. Gold. (See attached Order for specifics) (Vasquez, Lea)
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Filing 238
SCHEDULING ORDER: Telephone Conference set for 5/31/2007 03:30 PM before Chief Magistrate Steven M. Gold. (Refer to attached order for specifics) (Vasquez, Lea)
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Filing 237
Letter In response to letter of Katten Muchen Rosenman dated 5/17/07 by Albert Srour (Beerman, Alen)
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Filing 236
MEMORANDUM in Support re #235 MOTION to Withdraw as Attorney by Galina Leykind, Steven Leykind, Laura Leykind, Madera Medical Supply, Inc., Northridge Supply, Inc.. (Popofsky, Steven)
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Filing 235
MOTION to Withdraw as Attorney by Galina Leykind, Steven Leykind, Laura Leykind, Madera Medical Supply, Inc., Northridge Supply, Inc.. (Attachments: #1 Affidavit of Steven R. Popofsky in Support of Motion by Counsel to Withdraw) (Popofsky, Steven)
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Filing 234
ORDER granting in part and denying in part #185 Motion for Leave to File Amended Complaint. Ordered by JudgeSteven M. Gold on 05/22/07. (Gold, Steven)
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Filing 233
NOTICE by State Farm Mutual Automobile Insurance Company re #232 Letter, Notice of Service on Non-Parties Pantheon Realty and Albert Srour (Shapiro, Jay)
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Filing 232
Letter To The Hon. Magistrate Judge Steven M. Gold, From Jonathan L. Marks, Dated 5/17/2007 Concerning The Failure Of Duly Served Non-Parties "Srour" and "Pantheon" To Comply With Subpoenas Served Upon Them, by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E) (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 5/11/2007. Shapiro and Marks for plaintiff, Stavis and Douglas for Kagan et al (the "Kagan defendants"). Kagan defendants will answer outstanding interrogatories and document demands by May 25, provide copies of the "Best Way Billing and Collection" scanned material by the same date, and produce the River Placid documents in the custody of NY State Attorney General by June 15. Failure to comply will result in a recommendation that an adverse inference be drawn against the Kagan defendants in connection with any Summary judgment motion or trial. (Tape #FTR 11:32-11:56.) (Vasquez, Lea)
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Filing 231
NOTICE of Appearance by David S. Douglas on behalf of Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan (aty to be noticed) (Douglas, David)
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Filing 230
SCHEDULING ORDER Attached: Telephone Conference set for 5/11/2007 at 11:30 AM before Chief Magistrate Steven M. Gold. (Vasquez, Lea)
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Filing 229
Letter To The Hon. Magistrate Judge Steven M. Gold, From Jonathan L. Marks, Dated 5/4/2007 In Reply To The 5/1/2007 Letter Filed By Jacob Kagan, Mariya Vituknovskaya, Mirka United and Mara Services by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 228
Letter Response to State Farm Letter of April 27, 2007 by Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan (Douglas, David)
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Filing 227
Letter To The Hon. Magistrate Judge Steven M. Gold Re: Request To Obtain Compliance With Discovery Demands Made On Defendant Jacob Kagan by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3) (Shapiro, Jay)
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Motions terminated: #188 MOTION to Compel Tax Returns of Defendant Nabutovsky filed by State Farm Mutual Automobile Insurance Company as per chambers and Minute Entry dated 2/5/07. (Fernandez, Erica)
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ORDER granting #160 Motion to Substitute Attorney; granting #161 Motion to Substitute Attorney; granting #184 Motion to Substitute Attorney. The Stipulations for Substitution of Counsel are hereby approved and entered as Orders of the Court. Ordered by JudgeSteven M. Gold on 04/10/2007. (OConnor, Erin)
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Motions terminated as per chambers: #205 Letter MOTION to Adjourn Conference of 2/2/07 filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky, #206 Letter MOTION to Adjourn Conference WITHDRAWN filed by Al Medical and Surgical Supply, Inc., Vladimir Nabutovsky. (Fernandez, Erica)
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ORDER re #226 Letter, filed by AAA-RAA Medical Supply, Inc., Laura Leykind, Roman Pergament, Isaak Yakubov, Madera Medical Supply, Inc., Igor Vetoukh, Emmanuel Jacobs, Belachy Supply, Inc., Northridge Supply, Inc., Galina Leykind, Steven Leykind, Arbov, Inc. : By letter dated March 14, 2007 (Docket Entry 226) the law firm of Gersten Savage asks that I clarify two aspects of an order I issued on March 13, 2007 (Docket Entry 225). First, I agree that my order does not apply to documents the Kagan defendants have already produced in discovery, as those documents may be obtained by Gallet from plaintiff. Second, I decline to comment further on the circumstances under which Gersten Savage declined the opportunity to submit a brief supporting its position. The conference was recorded, and the precise circumstances at issue are best gleaned from a review of the transcript. Ordered by Judge Steven M. Gold on 03/20/07. (Gold, Steven)
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Filing 226
Letter to Judge Gold re clarification of Order by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Emmanuel Jacobs (Popofsky, Steven)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 3/13/2007. Marks and Shapiro for plaintiffs, Azrin and Stavis for Kagan defendants; Popofsky and Canales for Gersten Savagwe with respect to its retaining lien. Kagan defendants will obtain discovery materials from plaintiffs and pay copying costs. Gersten firm may retain its files with the exception of documents it received directly from the Kagan defendants or their agents during the course of its representation of them, including by way of example and not limitation tax returns, check ledgers, invoices and business records, which it will produce to successor counsel by March 27, 2007. See separate order entered March 13, 2007. (Tape #5:02 - 5:16.) (Vasquez, Lea)
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Filing 225
ORDER re #216 Letter filed by Jacob Kagan, Mirka United, Inc., Mariya Vitukhnovskaya, Mara Services, Inc., #218 Letter, filed by AAA-RAA Medical Supply, Inc., Laura Leykind, Roman Pergament, Isaak Yakubov, Madera Medical Supply, Inc., Igor Vetoukh, Emmanuel Jacobs, Belachy Supply, Inc., Northridge Supply, Inc., Galina Leykind, Steven Leykind, Arbov, Inc., directing the law firm of Gersten Savage to produce to successor counsel, Gallet Dryer & Berkey, all documents it received directly from the Kagan defendants or their agents during the course of its representation of them, including by way of example and not limitation tax returns, check ledgers, invoices and business records, by March 27, 2007.Ordered by Judge Steven M. Gold on 03/13/07. (Gold, Steven)
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Filing 224
Letter brief regarding 30-day rule, pursuant to Court's March 2, 2007 Order, by Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan (Azrin, David)
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Filing 223
Letter from Jonathan Marks Regarding Request for Additional Briefing by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit 1 - part 1#2 Exhibit 1 - part 2#3 Exhibit 2 - part 1#4 Exhibit 2 - part 2#5 Exhibit 3 - part 1#6 Exhibit 3 - part 2#7 Exhibit 3 - part 3) (Shapiro, Jay)
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SCHEDULING ORDER:The Telephone Conference previously scheduled for March 8th will instead be held on March 13th at 04:00 PM due to the unavailability of Kagan defendants' former counsel. The law firm of Gallet Dreyer & Berkley is once again requested by the Court to arrange for a call-in number for this conference. So Ordered by Magistrate Judge Steven M. Gold on 3/6/2007. (Vasquez, Lea)
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Filing 222
Letter Regarding Scheduled Court Conference by Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan (Azrin, David)
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Filing 221
Letter to Judge Gold by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Emmanuel Jacobs (Popofsky, Steven)
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Filing 220
ORDER requesting additional briefing. See Attached Order. Ordered by Judge Steven M. Gold on 03/02/2007. (OConnor, Erin)
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Filing 219
SCHEDULING ORDER Attached: Telephone Conference set for March 8th before Magistrate-Judge Steven M. Gold. (Vasquez, Lea)
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Filing 218
Letter to Judge Gold in response by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Emmanuel Jacobs (Popofsky, Steven)
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Filing 217
Letter To The Hon. Magistrate Judge Steven M. Gold, From Cara A. Roecker, Dated 2/16/2007 In Response To The Court's February 9, 2007 Order Requesting Additional Information Relating To The Defaulting Defendants by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 216
Letter Requesting Access to Client Files by Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan (Azrin, David)
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Filing 215
RESPONSE in Opposition re #185 Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 Response to Plaintiff's Supplemental Submission, filed on 02/07/2007, Docket No. 212, filed by Sergei Khokhlov. (Grunewald, Raymond)
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Filing 214
RESPONSE in Opposition re #185 Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 - Response to Plaintiff's Supplemental Submission in Support of Motion filed by Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan. (Azrin, David)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 2/12/2007. Shapiro and Marks for pl, Popofsky and Canales for Pergament defendants. Counsel will consider the various settlement considerations discussed today and communicate further among themselves. The court will schedule a settlement conference if any party represents that, after such further consideration, they believe a settlement conference might be productive. (Vasquez, Lea)
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Filing 213
ORDER re #212 Letter, filed by State Farm Mutual Automobile Insurance Company: The Court has received plaintiff's letter dated February 7, 2007 and the Court requests additional information. See Attached Order. Ordered by Judge Steven M. Gold on 02/09/2007. (OConnor, Erin)
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Filing 212
Letter with Supplemental Materials Regarding Plaintiff's Motion for Leave to File Amended Complaint by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D) (Shapiro, Jay)
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Filing 210
SCHEDULING ORDER Attached: Telephone Conference set for 2/12/2007 at 10:30 AM before Magistrate-Judge Steven M. Gold. (Vasquez, Lea)
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Filing 211
TRANSCRIPT of Civil Cause for Oral Argument held on 1/26/07 before Judge Gold. Counsel present for parties; Transcriber: Rosalie Lombardi; Transcription Co.: Transcription Plus II. (Clarke, Melonie)
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Filing 209
Letter From Jay Shapiro, Dated 2/5/07, To The Hon. Steven M. Gold Regarding State Farm's Request For An Extension Of Time To File An Additional Submission In Support Of Its Motion For Leave To File An Amended Complaint by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 2/2/2007. Shapiro for plaintiff, Salerno for Nabutovsky defendants. In camera review of tax returns held and certain disclosures ordered. (Vasquez, Lea)
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ORDER re #209 Letter, filed by State Farm Mutual Automobile Insurance Company, granting plaintiff two additional days for its submission and, should they need it, defendants two additional days to respond. Ordered by Judge Steven M. Gold on 02/05/07. (Gold, Steven)
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Filing 208
Letter to Judge Gold re settlement by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Emmanuel Jacobs (Popofsky, Steven)
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Filing 207
Letter From Jonathan L. Marks, Dated 2/1/07, To The Hon. Steven M. Gold Regarding State Farm's Response To The January 26, 2007 Letter Of The "Pergament Defendants" Requesting A Settlement Conference With The Court by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 206
Letter MOTION to Adjourn Conference WITHDRAWN by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 205
Letter MOTION to Adjourn Conference of 2/2/07 by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Minute Entry for proceedings held before Steven M. Gold : Discovery Hearing held on 1/29/2007. Shapiro and Marks for plaintiffs. Stavis and Azrin for kagan defendantns, Popofsky and Canales for Pergament defendants, Salerno for Nabutovsky defendants, Woodrich for Rabinovich defendants, Grunewald for Khokolov defendants. (1) Oral argument held on plaintiff's motion for leave to file amended complaint; decision reserved. Plaintiff may file a supplemental submission addressing the questions raised during today's argument by Feb. 5, and defendants may respond by Feb. 12. (2) The court will conduct a conference addressed to the discovery dispute between plaintiff and Nabutovsky with respect to Nabutovsky's tax returns, at which all copies of those returns in the possession of either party shall be available for in camera review, at 11 am on Feb. 2. (Tape #FTR 11:32 - 1:37.) (Vasquez, Lea)
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Filing 204
Letter to Judge Gold re Settlement Conference by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Emmanuel Jacobs (Popofsky, Steven)
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Filing 203
REPLY to Response to Motion re #188 MOTION to Compel Tax Returns of Defendant Nabutovsky filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit) (Shapiro, Jay)
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Filing 202
REPLY in Support re #185 Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit) (Shapiro, Jay)
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ORDER re #196 Notice(Other) filed by State Farm Mutual Automobile Insurance Company, #197 Affidavit of Service filed by State Farm Mutual Automobile Insurance Company. The Pro Hac Vice motion for admission for Cara A. Roecker is GRANTED. So Ordered by Judge Steven M. Gold on 1/5/2007. (Vasquez, Lea)
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ORDER re #200 Letter, filed by State Farm Mutual Automobile Insurance Company. Plaintiff's request for permission to file its reply memorandum in excess of the Court's page limitation is GRANTED. So Ordered by Judge Steven M. Gold on 1/5/2007. (Vasquez, Lea)
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Filing 201
Letter to Magistrate Judge Steven M. Gold re: Joining in Opposition to Motion for Leave to File First Amended Complaint by Sergei Khokhlov (Grunewald, Raymond)
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Filing 200
Letter To The Hon. Magistrate Judge Steven M. Gold, From Jay Shapiro, Dated 1/3/2007 Regarding State Farm's Request For Permission To File Its Reply Memorandum In Connection With Its Current Motion For Leave To File An Amended Complaint In Excess Of The Court's Ten Page Limitation by State Farm Mutual Automobile Insurance Company (Shapiro, Jay)
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Filing 199
RESPONSE in Opposition re #185 Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 filed by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 198
Letter by Boris Rabinovich. (Wooldridge, Nicholas)
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Filing 197
AFFIDAVIT of Service for Notice of Motion To Admit Cara A. Roecker Pro Hac Vice; and Supporting Papers on 12/22/2006, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 196
NOTICE by State Farm Mutual Automobile Insurance Company NOTICE OF MOTION ADMITTING CARA A. ROECKER PRO HAC VICE; AFFIDAVIT OF JAY SHAPIRO IN SUPPORT; EXHIBIT 1; and PROPOSED ORDER (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
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Filing 195
Letter to Judge Gold re joining opposition to motion to amend by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Northridge Supply, Inc., Emmanuel Jacobs. (Popofsky, Steven)
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Filing 194
RESPONSE in Opposition re #185 Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 filed by Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan, Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan. (Attachments: #1 Exhibit A - Existing Complaint#2 Exhibit B - Docket Sheet)(Weiss, Jerry)
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Filing 193
RESPONSE in Opposition re #188 MOTION to Compel Tax Returns of Defendant Nabutovsky filed by Vladimir Nabutovsky. (Salerno, Laure)
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Filing 192
First MOTION for Leave to File Excess Pages in Memorandum of Law in Opposition to Plaintiff's Motion to File Amended Complaint by Mariya Vitukhnovskaya, Mariya Vitukhnovskaya. (Weiss, Jerry)
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Filing 191
First MOTION for Leave to File Excess Pages in Memorandum of Law inOpposition toPlaintiff's Motion to File Amended Complaint by Mirka United, Inc., Mirka United, Inc.. (Weiss, Jerry)
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Filing 190
First MOTION for Leave to File Excess Pages in Memorandum of Law in Opposition to Plaintiff's Motion to File Amended Complaint by Mara Services, Inc., Mara Services, Inc.. (Weiss, Jerry)
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Filing 189
First MOTION for Leave to File Excess Pages in Memorandum of Law in Opposition to Plaintiff's Motion to file Amended Complaint by Jacob Kagan, Jacob Kagan. (Weiss, Jerry)
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ORDER granting #189 Motion for Leave to File Excess Pages, granting #190 Motion for Leave to File Excess Pages, granting #191 Motion for Leave to File Excess Pages, granting #192 Motion for Leave to File Excess Pages. The applications are granted on the assumption that, although made separately on behalf of each defendant the court assumes that only one brief will be submitted on behalf of all four defendants making the motion. So Ordered by JudgeSteven M. Gold on 12/19/2006. (Vasquez, Lea)
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Filing 188
MOTION to Compel Tax Returns of Defendant Nabutovsky by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Shapiro, Jay)
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Filing 187
NOTICE of Appearance by Roger L. Stavis on behalf of Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc., Jacob Kagan (Stavis, Roger)
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Filing 186
MEMORANDUM in Support re #185 Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 185
Notice of MOTION for Leave to File First Amended Complaint; EXHIBITS 1-57 TO THE FIRST AMENDED COMPLAINT FILED IN HARD COPY WITH THE COURT ON 10/10/2006- SEE DOCUMENT NUMBER 169 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A- Amended Complaint Part1#2 Exhibit A- Amended Complaint Part2#3 Exhibit A- Amended Complaint Part3#4 Exhibit A- Amended Complaint Part4#5 Exhibit A- Amended Complaint Part5#6 Exhibit A- Amended Complaint Part6#7 Exhibit A- Amended Complaint Part7#8 Exhibit A- Amended Complaint Part8)(Shapiro, Jay)
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Filing 184
MOTION to Substitute Attorney by Jacob Kagan, Mariya Vitukhnovskaya, Mara Services, Inc., Mirka United, Inc.. (Azrin, David)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 11/27/2006. Shapiro and Marks for plaintiffs, Cardenas for Grafman defendants, Popofsky for certain Kagan defendants, Stavis for other Kagan defendants, Salerno for Nabutovsky defendants, Greenberg and Ravasch for Khalavsky defendants, Woolrich for Rabinovich defendants. (1) Plaintiff shall file its motion for leave to amend the complaint by December 1. Defendant's opposition is due December 22. Plaintiff's reply is due January 8. (2) ORAL ARGUMENT: JANUARY 26 AT 11:30 AM. (3) Any application seeking to have this motion or case referred to a new magistrate judge or otherwise limit my involvement in the action must be made by formal motion, and should address the following: (a) why the application is being made now, when the facts giving rise to it were first disclosed in June 2005 -- see minute entry for conference held on June 9, 2005 -- and there have been numerous court proceedings before me since that time; and (b) why, if it is appropriate that I not hear plaintiff's motion, it is not also appropriate that I be removed from the case entirely. (Tape #FTR 4:03-4:18.) (Vasquez, Lea)
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Filing 183
NOTICE of Appearance by David T. Azrin on behalf of Mirka United, Inc., Mirka United, Inc. (Azrin, David)
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Filing 182
NOTICE of Appearance by David T. Azrin on behalf of Mara Services, Inc., Mara Services, Inc. (Azrin, David)
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Filing 181
NOTICE of Appearance by David T. Azrin on behalf of Mariya Vitukhnovskaya, Mariya Vitukhnovskaya (Azrin, David)
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Filing 180
NOTICE of Appearance by David T. Azrin on behalf of Jacob Kagan, Jacob Kagan (Azrin, David)
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Filing 179
STIPULATION Substitution of Counsel by Mirka United, Inc., Mirka United, Inc.. (Azrin, David)
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Filing 178
STIPULATION Substitution of Counsel by Mara Services, Inc., Mara Services, Inc.. (Azrin, David)
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Filing 177
STIPULATION Substitution of Counsel by Mariya Vitukhnovskaya. (Azrin, David)
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Filing 176
STIPULATION Substitution of Counsel by Jacob Kagan. (Azrin, David)
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Filing 175
ORDER. On 11/16/06, defendants submitted a letter to the court opposing the referral of plaintiff's motion to file a First Amended Complaint to Magistrate Judge Steven M. Gold. The motion had already been referred to Judge Gold for decision on 11/14/06. Any claim that Judge Gold should not handle any part of this case should be made in the first instance to Judge Gold. Ordered by Judge Nina Gershon on 11/20/06. (O'Neill, Melissa)
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Filing 174
ORDER: Plaintiff's motion to amend its complaint is referred to MJ Steven M. Gold for decision, pursuant to 28 U.S.C. 636(b)(1)(A). Ordered by Judge Nina Gershon on 11/14/06. (Chee, Alvin)
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Filing 173
SCHEDULING ORDER Attached: Telephone Conference set for 11/27/2006 at 4:00 PM before Magistrate-Judge Steven M. Gold.(Vasquez, Lea)
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Filing 172
Letter to Judge Gershin in Response to State Farm's Letter dated November 9, 2006 by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Popofsky, Steven)
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Filing 171
Letter To The Hon. Nina Gershon, From Jonathan L. Marks, Dated 11/9/2006 Requesting The Court To Schedule A Pre-Motion Conference On State Farm's Motion For Leave To Amend, And To Set A Briefing Schedule On The Motion, And Other Relief; With Attachments by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 11/1/2006. MARKS AND SHAPIRO FOR PLAINTIFF, CARDENAS FOR GRAFMAN, SALERNO FOR NABUTOVSKY, POPOFSKY AND WOLF FOR, GREENBERG FOR GRAHAM VERIZON AND KHALAVSKYS, WOOLDRIDGE FOR RABINOVICH. Plaintiff's application to proceed with depositions while their motion for leave to amend their complaint is briefed and pending is denied on several grounds, including that the deponents would be subject to continued depositions if the motion is granted and several new parties are added. However, counsel shall work together to block out time now for depositions to be held a reasonable time after the motion is submitted so that conflicting scheduling obligations do not impede discovery going forward promptly after the motion is decided. In addition, depositions limited to production and authentication of documents may proceed while the motion is pending. (Vasquez, Lea)
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ORDER re #170 Letter, filed by Roman Pergament,, Emmanuel Jacobs,, Jacob Kagan,, Galina Leykind,, Steven Leykind,, Laura Leykind,, Igor Vetoukh,, Mariya Vitukhnovskaya,, Arbov, Inc.,, Belachy Supply, Inc.,, Madera Medical Supply, Inc.,, Mara Services, Inc.,, Mirka United, Inc.,, Northridge Supply, Inc. All parties are permitted to appear by telephone for today's conference at 2:00 p.m. Defendants are to arrange the call with all parties and contact the court only when all parties are on the line. So Ordered by Judge Steven M. Gold on 11/1/2006. (Vasquez, Lea)
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Filing 170
Letter requesting telephone conference instead of in-person conference by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Canales, Jason)
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Filing 169
EXHIBITS 1-57 received in re: plaintiff's proposed first amended complaint. (Guzzi, Roseann)
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Filing 168
NOTICE by State Farm Mutual Automobile Insurance Company re #167 Letter,, NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM RE: PLAINTIFF'S PROPOSED FIRST AMENDED COMPLAINT (Shapiro, Jay)
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Filing 167
Letter To The Hon. Magistrate Judge Steven M.Gold, From Jonathan L. Marks, Dated 10/6/2006 Re:Proposed First Amended Complaint; EXHIBITS TO BE FILED IN HARD COPY WITH THE COURT, by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed First Amended Complaint(Part 1)#2 Proposed First Amended Complaint(Part 2)#3 Proposed First Amended Complaint(Part 3)#4 Proposed First Amended Complaint(Part 4)#5 Proposed First Amended Complaint(Part 5)#6 Proposed First Amended Complaint(Part 6)#7 Proposed First Amended Complaint(Part 7)#8 Proposed First Amended Complaint(Part 8))(Shapiro, Jay)
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Filing 166
Letter No. 2 to Judge Gold re adjourning conference by Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Canales, Jason)
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Filing 165
Letter to Judge Gold re adjournment of conference by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Canales, Jason)
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SCHEDULING ORDER: Defendants' application, with the consent of plaintiffs, to adjourn the conference scheduled for October 10, 2006 is GRANTED. The in-person status conference will be held instead at 2:00 p.m. on November 1, 2006. So Ordered. Ordered by Judge Steven M. Gold on 10/06/06. (O'Connor, Erin)
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ORDER re #164 Letter, filed by State Farm Mutual Automobile Insurance Company: No objection having been received, the application for an extension of time until October 6, 2006 to file an amended complaint is GRANTED . Ordered by Judge Steven M. Gold on 09/15/06. (Gold, Steven)
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Filing 164
Letter From Jonathan L. Marks, Dated 9/11/06, To The Hon. Steven M. Gold Regarding State Farm's Request For A Final Extension Of The Date By Which It Must File Its Amended Complaint by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 163
NOTICE of Consent to Change Attorney by Roger V. Rubin (Rubin, Roger)
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Filing 162
NOTICE of Consent to Change Attorney by Roger V. Rubin (Rubin, Roger)
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Filing 161
MOTION to Substitute Attorney by Robert Khalavsky. (Attachments: #1 Supplement #2 Text of Proposed Order)(Rubin, Roger)
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Filing 160
MOTION to Substitute Attorney by Margarita Khalavsky. (Attachments: #1 Supplement a letter to the court#2 Text of Proposed Order text of proposed order)(Rubin, Roger)
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Motions terminated: #154 Letter MOTION to Quash Subpoena for Nicoletta Homes filed by Vladimir Nabutovsky,, Al Medical and Surgical Supply, Inc.,.. Ordered by Judge Steven M. Gold on 8/11/06. (Guzzi, Roseann)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 8/10/2006. Shapiro and Marks for pl, Cardenas for Grafman, Solerno for Nabutovsky et al, Popofsly and Canalis for Kagan et al, Wooldrich for Rabinovich. (1) Nabutovsky motion to quash subpoena seeking bank records of Nicoletta Homes denied for reasons stated on the record, except that the time frame of the subpoena is limited to January 2001-January 2004. (2) Plaintiff's application to extend the time for filing an amended complaint to 9/15 granted. NEXT CONF: October 10 at 3 pm. (Tape #FTR 3:06-3:36.) (Vasquez, Lea)
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ORDER re #155 Letter, filed by State Farm Mutual Automobile Insurance Company. The in-person conference scheduled for August 10th will instead be held by telephone. Counsel for the defendants are to arrange the call with all parties. So Ordered by Judge Steven M. Gold on 8/8/2006. (Vasquez, Lea)
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Filing 159
ORDER adopting recommendation of Magistrate Judge Steven M. Gold, dated May 23, 2006, that plaintiff's motion for prejudgment attachment on assets and a preliminary injunction be denied without prejudice to renewal with additional evidence. Insofar as defendants object to the portion of Judge Gold's decision allowing discovery to move forward, the request is denied and Judge Gold's decision is affirmed.(Signed by Judge Nina Gershon on 08/04/06).
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Filing 158
Letter To The Hon. Magistrate Judge Steven M. Gold, From Jonathan L. Marks, Dated 8/1/2006 In Response To The Motion Of AL Medical and Surgical Supply, Inc. and Vladimir Nabutovsky To Quash A Document Subpoena Directed To JP Morgan Chase Bank., by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10)(Shapiro, Jay)
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Filing 157
Letter to Judge Gold by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Zone, Barry)
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Filing 156
Letter by Milan Medical P.C.. (Furman, Mark)
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Filing 155
Letter From Jonathan L. Marks, Dated July 27, 2006, To The Hon. Steven M. Gold Regarding Discovery From Northridge Supply, Inc. And An Extension Of Time For State Farm To File Amended Complaint by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 154
Letter MOTION to Quash Subpoena for Nicoletta Homes by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 153
Letter To The Hon.Magistrate Judge Steven M. Gold, From Jay Shapiro, Dated 7/20/2006 In Response To The June 30, 2006 Letter From Mark Furman, Esq. by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 152
Letter by Milan Medical P.C.. (Furman, Mark)
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Filing 151
NOTICE of Change of attorney address by Jude Roberto Cardenas (Cardenas, Jude)
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Filing 150
Letter from Barry R. Fertel re reply regarding objection to Magistrate ruling (refiled w/correct files attached) by Mara Services, Inc., Mirka United, Inc., Jacob Kagan. (Attachments: #1 Exhibit D)(Popofsky, Steven)
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Filing 149
Letter from Barry R. Fertel re reply regarding objection to Magistrate ruling by Mara Services, Inc., Mirka United, Inc., Jacob Kagan. (Attachments: #1 Exhibit D)(Popofsky, Steven)
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Filing 148
TRANSCRIPT of Discovery Conf. held on June 14, 2006 before Judge Steven M. Gold. Counsel for the parties present. Court Transcriber: Rosalie Lombardi c/o Transcription Plus II. (Permaul, Jenny)
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Filing 147
Letter in Response to Objections Filed by Defendants Jacob Kagan, Mirka United, Inc. and Mara Services, Inc. to the Report and Recommendations of Magistrate Judge Gold Delivered from the Bench May 23, 2006 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B part 1#3 Exhibit B part 2)(Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 6/14/2006. Shapiro for plaintiff, Cardinale for Grafman defendants, Popofsky and Canales for Kagan defendants, Salerno for Nabatovsky defendants. Various discovery and case management rulings on the record including, but not limited to: (1) Plaintiff will file amended complaint, or seek leave to file a motion to do so, by August 1. (2) Counsel shall begin to notice depositions promptly for dates after August 1. The subject matter of the depositions shall be limited, absent agreement otherwise, to the allegations in the existing complaint, unless and until plaintiffs obtain leave to file an amended pleading. (3) Counsel for plaintiffs may notice 30(b)(6) depositions of records custodians if plaintiffs' counsel believe that would be the most efficient way to resolve the document discovery issues discussed during today's conference. NEXT CONFERENCE: AUGUST 10TH AT 3:00 P.M. (Tape #FTR 3:03-3:23.) (Vasquez, Lea)
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Filing 146
Letter re: Objection to Ruling by Magistrate Judge Gold by Mara Services, Inc., Mirka United, Inc., Jacob Kagan. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Popofsky, Steven)
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ORDER re #145 Letter. The request to adjourn the conference set for June 8th is GRANTED. The conference will instead be held at 2:00 p.m. on June 14, 2006. So Ordered by Judge Steven M. Gold on 6/5/2006. (Vasquez, Lea)
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Filing 145
Letter to Judge Gold re discovery conference by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Canales, Jason)
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Filing 144
TRANSCRIPT of Proceedings/Oral Argument held on 5/23/06 before Magistrate Gold. Transcription Service: Transcription Plus II. (516)358-7352. (89 pages) (Guzzi, Roseann)
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Filing 143
AFFIDAVIT of Service for Notice Regarding The Filing Of Exhibits In Paper Form With Exhibits 1-23 on May 22, 2006, Via Federal Express, filed by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Discovery Hearing held on 5/23/2006. Shapiro and Marks for plaintiff, Salerno for defendants Nabutovsky and AL Medical. (1) Plaintiff has moved to compel disclosure of defedants' tax returns. See docket entries 127, 130, 131. The motion is, for the relevant years when defendants submitted invoices to or received payment from plaintiff, granted with respect to AL Medical and granted with respect to ownership interests disclosed and sources of earned income and executive compensation received, but otherwise denied, with respect to defendant Nabutovsky. Defendants Al Medical and Nabutovsky to provide tax return information responsive to this order within one week. Reasons stated on the record. (2) Defendants Al Medical and Nabutovsky have moved to quash certain subpoenae served upon various mortgage companies by plaintiff. See docket entries 129, 141. The motion to quash is denied. Reasons stated on the record. (Tape #FTR: 2:30-2:45.) (Vasquez, Lea)
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Minute Entry for proceedings held before Steven M. Gold : Discovery Hearing held on 5/23/2006. Shapiro and Marks for plaintiff, Wolf and Fertel for defendants. For reasons stated on the record, I respectfully recommend that plaintiff's motion for prejudgment attachment on assets and preliminary injunction be denied without prejudice to renewal with additional evidence. Any objections must be filed within two weeks or, if the transcript of today's proceedings is ordered by 5/24, within two weeks of receiving the transcript. Plaintiff may have full asset discovery of defendant Kagan. NEXT CONFERENCE: JUNE 8, 2006 AT 2 PM. Plaintiff's counsel will submit a proposed discovery plan by June 6. Plaintiff's counsel will alert all counsel in writing to the date and time of the next conference. (Tape #FTR: 3:09-4:20; 4:38-5:00.) (Vasquez, Lea)
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REPORT AND RECOMMENDATIONS re #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets filed by State Farm Mutual Automobile Insurance Company: For reasons stated on the record during the argument held today, I respectfully recommend that plaintiff's motion for prejudgment attachment on assets and a preliminary injunction be denied without prejudice to renewal with additional evidence. Any objections must be filed within two weeks or, if the transcript of today's proceedings is ordered by 5/24, within two weeks of receiving the transcript. Objections to R&R due by 6/6/2006. Ordered by Judge Steven M. Gold on 05/23/06. (Gold, Steven)
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Filing 142
EXHIBIT binders containing exhibits 1 through 23, referenced in plaintiff's response to defendants' AL Medical and Surgical Supply, Inc. and Vladimir Nabutovsky motion.(Guzzi, Roseann)
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Filing 141
Letter From Jonathan L. Marks To The Honorable Steven M. Gold dated 5/19/06 In Response To The Motion Of AL Medical And Surgical Supply, Inc. And Vladimir Nabutovsky To Quash Document Subpoenas; Exhibits To Be Filed In Hard Copy With The Court by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 5/17/2006. Shapiro and Marks for plaintiff, Potofsky and Furtal for Kagan defendants. Counsel will report later today on whether they seek to present evidence in connection with plaintiff's Rules 64-65 motion and an adjourned date to argue or present evidence on the motion. (Vasquez, Lea)
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Filing 140
EXHIBIT /Filing of Exhibits in paper form numbered 45 through 66(Jackson, Ramona)
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Filing 139
AFFIDAVIT re #136 Reply in Support, AFFIDAVIT OF SERVICE W/R/T NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM AND EXHIBITS 45-66 ON 5/16/2006., by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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ORDER: With the consent of counsel, oral argument on plaintiff's motion to restrain assets of defendant Kagan is adjourned from May 19 to 3:00 pm on May 23. Ordered by Judge Steven M. Gold on 05/17/06. (Gold, Steven)
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Filing 138
NOTICE of Appearance by Alexis Lauren Cirel on behalf of State Farm Mutual Automobile Insurance Company (Cirel, Alexis)
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Filing 137
Letter from Barry R. Fertel re Scheduling and Conference by Mara Services, Inc., Mirka United, Inc., Jacob Kagan. (Popofsky, Steven)
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Filing 136
REPLY in Support re #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets STATE FARM'S REPLY IN SUPPORT OF ITS MOTION FOR PREJUDGMENT ATTACHMENT AND REQUEST FOR PRELIMINARY INJUNCTION; Exhibits To Be Filed In Hard Copy With The Court by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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ORDER re #135 Letter, filed by State Farm Mutual Automobile Insurance Company. Plaintiff's request for additional time to May 15th to file its reply to defendant's submission is GRATNED. So Ordered by Judge Steven M. Gold on 5/10/2006. (Vasquez, Lea)
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Filing 135
Letter From Jay Shapiro, Dated May 9, 2006, To The Hon. Steven M. Gold Requesting Permission For State Farm To Extend Its Time To File Its Reply To The Submission Of Defendants Jacob Kagan, Mirka United, Inc., And Mara Services, Inc. Until Close of Business Monday, May 15, 2006 by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 134
AFFIDAVIT in Opposition re #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets filed by Jacob Kagan. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Errata 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 Memorandum of Law in Opposition)(Popofsky, Steven)
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Filing 133
Letter To Magistrate Judge Steven M. Gold From Jay Shapiro dated 5/3/06 Regarding State Farm's Response To Court' s Question With Respect To Groupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc. by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 132
ORDER granting #94 Motion for Default Judgment, granting #95 Motion for Default Judgment, granting #96 Motion for Default Judgment, granting #97 Motion for Default Judgment, granting #98 Motion for Default Judgment as to defendants Grafman quality Products, Inc., Unique Distributor, Inc., Tristate AJA Surgical Supply, Inc., Seaside Wholesale, LTD, Alekesy Pugach and Bethel Equipment, Inc. The case is hereby referred to Magistrate Gold for a report and recommendation to determine the scope of relief, including damages, if any, owed to plaintiff. ( Ordered by JudgeNina Gershon on 4/26/06 ) (Guzzi, Roseann)
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Filing 131
Letter in response to 4/27 letter of state farm re: tax returns by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 130
Letter From Jay Shapiro, To The Hon. Steven M. Gold Dated 4/27/2006, Requesting That The Nabutovsky Defendants Be Ordered To Provide Their Tax Returns On Or Before May 11, 2006, The Date Set By The Court by State Farm Mutual Automobile Insurance Company. (Shapiro, Jay)
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Filing 129
Letter seeking order quashing subpoena by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 127
Letter re: State Farm's motion to compel production of tax returns by Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 128
TRANSCRIPT of Proceedings held on 4/11/06 before Judge Magistrate Gold. Court Reporter: Transcription Plus II, by Rosalie Lombardi. (Attachments: #1 pages 31-60#2 pages 61-94) (Guzzi, Roseann)
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Minute Entry for proceedings held before Steven M. Gold : Settlement Conference held on 4/11/2006. Silverman, Levy and Shapiro, with Aarons and Cowen, for pls, Cardenas for Grafman defendants, Rosen for Kagan defs, Salerno for Nabutovsky defs, Wooldrich for Buch defs by telephone. Various discovery rulings on the record. With respect to plaintiff's motion for attachment of assets of defendant Kagan, defendant shall respond by May 5; plaintiff's reply is due May 12, and the court will hold a hearing on May 19 at 11 am. (Tape #FTR 3:20-5:42.) (Vasquez, Lea)
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Filing 126
Letter dated 04/10/06 RE: State Farm's request for tax returns by Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc.. (Salerno, Laure)
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Filing 125
SEALED ENVELOPE submitted by Jay Shapiro, Esq. dated 3/3/06. Placed in vault. (Guzzi, Roseann)
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Filing 124
Letter to Magistrate Gold re response to discovery application by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Popofsky, Steven)
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Filing 123
ORDER REFERRING MOTION: #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets filed by State Farm Mutual Automobile Insurance Company. Plaintiff's Motion for Prejudgment Attachment on Assets and a Preliminary Injunction is hereby referred to Magistrate Judge Steven M. Gold. (Signed by Judge Nina Gershon on 03/30/2006). (Coward, Nicole)
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Filing 122
Letter From Jay Shapiro, Dated March 28, 2006, To The Hon. Steven M. Gold Regarding Response To March 23, 2006 Letter Filed By Certain Defendants; And Request That Defendants' Application For An Order Compelling Further Disclosure Sholud Be Denied; With Exhibits 1 & 2 by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 121
AFFIDAVIT re #117 Affidavit in Support of Motion, AFFIDAVIT OF SERVICE W/R/T NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM AND EXHIBITS 1-44 ON 3/24/2006 by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 120
AFFIDAVIT re #115 Letter, AFFIDAVIT OF SERVICE W/R/T NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM AND EXHIBITS A-J ON 3/24/2006 by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 119
MEMORANDUM in Support re #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets MEMORANDUM OF LAW by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 118
AFFIDAVIT in Support re #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets AFFIDAVIT OF ROBERT COWEN filed by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 117
AFFIDAVIT in Support re #116 Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets AFFIDAVIT OF SCOTT RESNIK; EXHIBITS TO BE FILED IN HARD COPY WITH THE COURT filed by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 116
Notice of MOTION for Preliminary Injunction And For Pre-Judgment Attachment On Assets by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 115
Letter From Jonathan L. Marks, Dated March 23, 2006 To The Hon. Steven M. Gold Regarding A Request That The Court Compel Defendants To Fully Comply With Discovery Demands; Exhibits To Be Filed In Hard Copy With The Court by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 114
Letter to Magistrate Gold with Exhibits by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Popofsky, Steven)
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Minute Entry for proceedings held before Steven M. Gold : Discovery Hearing held on 3/23/2006. SEALED PROCEEDING FTR 2:13-2:41. Shapiro and Litt for pl, Cardenas for non-party witness. Plaintiff's motion to compel deposition of non-party witness granted for reasons stated on the record. (Tape #FTR 2:13 - 2:41.) (Vasquez, Lea)
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Minute Entry for proceedings held before Steven M. Gold : Settlement Conference held on 2/28/2006. Shapiro, Silverman and Levy for plainffs, Salerno for Nabutovsky et al, Rosen for Kagan et al. Settlement conference will be continued at 2 pm on April 11. Plaintiff's pending motion to compel will be heard at that time as well. Plaintiff will supplement its motion papers, or identify the previously filed papers on which it stands, by March 23, and defendants will do likewise by April 3. (Vasquez, Lea)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 2/27/2006. Shapiro for plaintiff, Cardenas for Graifman and Schultz. Discovery conference, in person, set for March 23 at 2 pm. (Vasquez, Lea)
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NOTICE THE CONFERENCE SCHEDULED FOR 2:00 P.M. ON FEBRUARY 28TH WILL INSTEAD BE HELD AT 2:30 P.M. ON THE SAME DATE.(Vasquez, Lea)
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Filing 113
ORDER denying #112 Motion to Adjourn Conference scheduled for February 27th. So Ordered by JudgeSteven M. Gold on 02/24/2006. (Vasquez, Lea)
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Filing 112
MOTION to Adjourn Conference by Semion Grafman. (Cardenas, Jude)
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Filing 111
EXHIBITS 1-16 AND 17-65 FILED IN HARD COPY WITH THE COURT Submitted by Katten Muchin Rosenman LLP, dated 2/22/06.(Guzzi, Roseann)
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Filing 110
AFFIDAVIT re #109 Letter, AFFIDAVIT OF SERVICE OF THE NOTICE REGARDING THE FILING OF EXHIBITS IN PAPER FORM WITH EXHIBITS 1-65, SERVED VIA FEDERAL EXPRESS BY STEVEN GREER ON 2/22/2006., by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 109
Letter From Ross O. Silverman, Dated 2/22/2006, To The Hon. Magistrate Judge Steven M. Gold, Intended To Describe The Amended Complaint That State Farm Contemplates Filing If This Matter Does Not Settle -- EXHIBITS WILL BE FILED IN HARD COPY WITH THE COURT. by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 108
Letter MOTION to Adjourn Conference on Consent by Abdrei Schultz, Semion Grafman. (Cardenas, Jude)
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ORDER granting #108 Motion to Adjourn Conference: The defendants' request, with consent of plaintiff, to adjourn today's conference is GRANTED. The conference previously scheduled for today will be held instead at 11:30 A.M. on February 27, 2006. The conference previously scheduled for February 28, 2006 at 2:00 P.M. will be held as scheduled. So Ordered. Ordered by JudgeSteven M. Gold on 02/14/2006. (O'Connor, Erin)
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Filing 107
Letter From Jay Shapiro, Dated 2/8/2006, To The Hon. Steven M. Gold Regarding A Request That, At This Time, The Court Take No Action In Connection With The February 2nd Letter Regarding Non-Party Kings Medical Supply, Inc., In The Hope That A Resolution Is Imminent. by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 106
Letter From Jay Shapiro, Dated February 2, 2006, To The Hon. Steven M. Gold Regarding A Request That Your Honor Enter An Order Directing Kings Medical Supply, Inc. To Produce A Representative For Deposition Within The Next 20 Days At A Time Designated By State Farm To Answer Questions Concerning The Documents Responsive To The Subpoena And Their Location by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 105
SCHEDULING ORDER: Status Conference scheduled for 2/27 is re-scheduled. SEE ATTACHED ORDER.(Vasquez, Lea)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 1/24/2006. (FTR 2:00-3:30) Shapiro and Levy for plaintiffs, Cardenas and Berino for Grafman et al, Woodridge for Rabinowitz, Salerno by tel for AL Medical et al, Rosen by tel for Gersten Savage defs, Tsirlman for non-party Kings. Various discovery rulings on the record, including the following: (1) Plaintiffs will attempt to resolve their differences with non-party Kings in a manner consistent with the discussion on the record today, and will report on the status of their discussions within one week. (2) In light of the substantial time the parties urge is necessary to move forward with settlement discussions, all previously entered stays of any aspect of discovery are lifted unless and until the parties stipulate to a further stay. (3) A conference to address any discovery disputes concerning the Grafman defendants will be held at 2 pm on February 14. A conference to address any discovery disputes concerning the remaining defendants willbe held at 2 pm on February 27. (Vasquez, Lea)
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Motions terminated, #99 Letter MOTION to Quash subpoena filed by Kings Medical Supply Inc.,. as per 1/24/06 rulings. (Guzzi, Roseann)
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Filing 104
Letter to Judge Gold from Marc Rosen re Conference by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Popofsky, Steven)
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Filing 103
Letter to Judge Gold re Submission and Conference Schedule by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan. (Popofsky, Steven)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 1/17/2006. ESR 05/06. Marks and Shapiro for plaintiff, Salerno for Nabutovsky and AL Medical, Rosen for Jacobs defendants, Tsirlman for Kings County. The conference previously set for January 24 will proceed as scheduled, at which time the court will hear plaintiff's pending letter motin to compel discovery of the Jacobs defendants and Kings COunty's motion for protective order. The settlement conference previously set for that date is adjourned, and will be rescheduled during the conference on January 24. (Tape #05/06.) (Vasquez, Lea)
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Filing 102
Letter From Jay Shapiro, Dated 1/19/2006, To The Hon. Magistrate Judge Steven M. Gold Re: Request That The Court Reschedule The Settlement Conference For The Week Of February 27, 2006 AND State Farm Will Withdraw Its Discovery Application Regarding The Gersten Savage Defendants Without Prejudice To Renew It After The Letter Describing The Amended Complaint Is Circulated., by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 101
Letter From Jay Shapiro, Dated January 17, 2006, To The Hon. Steven M. Gold Regarding A Request For A 30-Day Postponement Of The January 24, 2006 Settlement Conference by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 100
SCHEDULING ORDER: Telephone Conference set for 1/17/2006 10:30 AM before Magistrate-Judge Steven M. Gold. So Ordered by Judge Steven M. Gold on 1/11/2006. (Vasquez, Lea)
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Filing 99
Letter MOTION to Quash subpoena by Kings Medical Supply Inc.. (Tsirelman, Gary)
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Filing 98
Notice of MOTION for Default Judgment as to Aleksey Pugach And Bethel Equipment, Inc. And Affidavit Of Jay Shapiro In Support by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B & C#3 Text of Proposed Order For Default Judgment Against Defendants Aleksey Pugach And Bethel Equipment, Inc.)(Resnik, Scott)
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Filing 97
Notice of MOTION for Default Judgment as to Seaside Wholesale, LTD. And Affidavit Of Jay Shapiro In Support by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B & C#3 Text of Proposed Order For Default Judgment Against Defendant Seaside Wholesale, LTD.)(Resnik, Scott)
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Filing 96
Notice of MOTION for Default Judgment as to Tristate AJA Surgical Supply, Inc. And Affidavit Of Jay Shapiro In Support by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B & C#3 Text of Proposed Order For Default Judgment Against Defendant Tristate AJA Surgical Supply, Inc.)(Resnik, Scott)
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Filing 95
Notice of MOTION for Default Judgment as to Unique Distributor, Inc. And Affidavit Of Jay Shapiro In Support by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B & C#3 Text of Proposed Order For Default Judgment Against Defendant Unique Distributor, Inc.)(Resnik, Scott)
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Filing 94
Notice of MOTION for Default Judgment as to Grafman Quality Products, Inc. and Affidavit Of Jay Shapiro In Support by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B & C#3 Text of Proposed Order For Default Judgment Against Defendant Grafman Quality Products, Inc.)(Resnik, Scott)
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Filing 93
Letter From Jonathan L. Marks, Dated January 3, 2006 To The Hon. Steven M. Gold With Exhibits A-F; Regarding A Request For An Order Compelling Kings Medical To Produce All Documents Requested By The August 2005 Subpoena Within 30 Days and Compelling Kings Medical To Appear At Deposition Within 30 Days by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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Filing 92
Letter From Jay Shapiro Dated January 3, 2006 To The Hon. Steven M. Gold Regarding Response Of Plaintiff State Farm To Mark Rosen, Esq.'s Objections Of Certain Defendants To Outstanding Discovery Demands by State Farm Mutual Automobile Insurance Company. (Resnik, Scott)
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CONFERENCE ADJOURNED:Conference scheduled for 2/1/2006 @ 11:30 AM is adjourned. Ordered by Judge Nina Gershon on 12/28/2005. (Joe, Victor)
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Filing 91
Letter from Marc R. Rosen to Judge Gold Regarding plaintiff's letter of 12/16/05. (Popofsky, Steven)
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SCHEDULING ORDER: Pre Motion Conference set for 2/1/2006 11:30 AM before Judge Nina Gershon.. Ordered by Judge Nina Gershon on 12/27/2005. (Joe, Victor)
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SCHEDULING ORDER: Pre Trial Conference set for 2/1/2006 @ 11:30 AM before Judge Nina Gershon. Ordered by Judge Nina Gershon on 12/27/2005. (Joe, Victor)
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ORDER re #90 LetterApplication to extend defendants' time to December 27 2005 to respond to plaintiff's 12/6/05 letter is GRANTED. So Ordered by Judge Steven M. Gold on 12/23/2005. (Vasquez, Lea)
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Filing 90
Letter from Marc R. Rosen to Judge Gold Regarding request for extension to respond to plaintiff's letter dated 12/16/2005. (Popofsky, Steven)
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Filing 89
ORDER endorsed on courtesy copy of letter dated 10/31/05 from Jonathan L. Marks to Judge Gershon requesting pre-motion conference. SO ORDERED. ( Ordered by Judge Nina Gershon on 12/6/05 )(Guzzi, Roseann)
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Filing 88
Letter from Jonathan L. Marks, (Amended To Include Exhibit) Dated 12/16/2005 to Hon. Magistrate Judge Steven M. Gold Regarding REQUEST BY STATE FARM FOR ADDITIONAL TIME TO SUBMIT LETTER OUTLING THE ALLEGATIONS OF AN AMENDED COMPLAINT; and REQUEST THAT DEFENDANTS BE ORDERED TO PROVIDE PRODUCTION AND DISCOVERY RESPONSES NO LATER THAN 1/6/2006; with EXHIBIT A. (Resnik, Scott)
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Filing 87
Letter from Jonathan L. Marks, Dated 12/16/2005 to Hon. Magistrate Judge Steven M. Gold Regarding Request by State Farm for additional time to submit a letter outlining the allegations of an amended complaint; and Request that Defendants be ordered to provide production and discovery responses no later than 1/6/2006.. (Resnik, Scott)
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Minute Entry for proceedings held before Steven M. Gold : Settlement Conference held on 11/16/2005. Silverman and Shapiro for plaintiffs, Wolfe, Popofsky, Rosen, Salerno and Wooldrich for defendants. Plaintiffs will submit a letter detailing the basis for their settlement demand by December 16, 2005. A further conference, with principals available by telephone or present, will be held at 2 PM on January 24, 2006. (Vasquez, Lea)
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Filing 86
Letter from Marc R. Rosen to Hon. Steven M. Gold Regarding Discovery/Plaintiff's October 31, 2005 Letter. (Popofsky, Steven)
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Filing 85
Letter. (Popofsky, Steven)
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ORDER re #80 Letter: Application to adjourn response date to November 11 granted. Ordered by Judge Steven M. Gold on 11/09/05. (Gold, Steven)
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Filing 84
Letter from Steven R. Popofsky to Judge Gold Regarding Response to Plaintiff's counsel's application. (Popofsky, Steven)
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Filing 83
Letter from Marc R. Rosen to Judge Gold Regarding Discovery. (Popofsky, Steven)
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Filing 82
Letter from Jay Shapiro, Dated 11/1/2005 to Magistrate Judge Steven M. Gold Regarding Plaintiff Requests An Order Barring The Firm Of Gersten Savage LLP From Representing Any Witnesses In This Matter And Ordering It To Pay Fees Incurred By State Farm As A Result Of Its Conduct; With Exhibits A-C.. (Resnick, Scott)
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Filing 81
Letter from Jonathan L. Marks, Esq. to Magistrate Judge Steven M. Gold Regarding Order To Compel Defendants Represented By Gersten Savage LLP To Respond To Discovery; with Exhibits A-C. (Gallagher, Michael)
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Filing 80
Letter from Jonathan L. Marks, Esq. to Honorable Nina Gershon Regarding Hold In Abeyance Motion To Dismiss Counterclaims; and Withdraw Request For Pre-Motion Conference; with Exhibit A. (Gallagher, Michael)
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Filing 79
Letter from Jay Shapiro, Dated October 31, 2005 to Magistrate Judge Steven M. Gold Regarding Counsel, Roberto Cardenas, Has Consented To The Adjournment Of The November 1, 2005 Conference For Approximately Two Weeks. (Resnick, Scott)
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SCHEDULING ORDER:The settlement conference is adjourned to 3:00 p.m. on November 16, 2005. So Ordered by Judge Steven M. Gold on 10/31/2005. (Vasquez, Lea)
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Filing 78
Letter from Jay Shapiro, Dated 10/28/2005 to Magistrate Judge Steven M. Gold Regarding Request that the Settlement Conference scheduled for 11/1/2005 at 2:00pm be adjourned approximately two weeks. (Resnick, Scott)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 10/20/2005. Silverman and Shapiro for pls, Wolfe and Rosen for Kagan et al, Cardenas for Graifman et al, Salerno for A.L and Nabutovsky et al. Settlement discussions will be continued at a conference on Novemer 1 at 2 pm. Defendant's application to stay discovery of non-parties who will not be defendants in any anticipated amended pleading is denied. (Vasquez, Lea)
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Filing 77
NOTICE of Appearance by Scott A. Resnick on behalf of State Farm Mutual Automobile Insurance Company (Resnick, Scott)
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Filing 76
NOTICE of Appearance by Berardino J Lombardi on behalf of Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc. (Lombardi, Berardino)
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Filing 75
Letter from Jonathan L. Marks, Dated 10/14/2005 to Magistrate Judge Steven M. Gold Regarding State Farm is prepared to continue to participate in settlement discussions and attend the next conference set for October 20, 2005 at 10:00am. (Gallagher, Michael)
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Minute Entry for proceedings held before Steven M. Gold : Settlement Conference held on 9/28/2005. Shapiro and Silverman (with Cowen) for pl; Lombardi and Salerno for AL defendants, Cardenas for Graifman defs, Rosen, Popovsky and Wolf for Jacobs defs, Bukh for Rabinovich. Settlement conference held. (1) Parties to consider settlement possibilities discussed today and submit a letter by 4 pm on October 14 stating whether they are prepared to go forward with continued discussion of settlement. (2) No parties or anticipated parties may be deposed until 1 week after plaintiff circulates its contemplated amended complaint. NEXT CONF: 10 AM ON OCT 20. (Vasquez, Lea)
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Filing 74
Letter from Laure Salerno, Esq. to Hon. Steven M. Gold Regarding settlement conference. (Lombardi, Berardino)
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Filing 73
Letter from Ross O. Silverman, Dated 9/23/2005 to Hon. Magistrate Judge Steven M. Gold Regarding Request to counsel for the defendants to advise State Farm in advance of the 9/28/2005 settlement conference of the nature of the settlement proposal they intend to make so that State Farm will be prepared to respond; with Exhibit. (Gallagher, Michael)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 9/22/2005. Shapiro, Resnick for pls, Wooldrich for def Rabinovich. Deposition to go forward 9/27; counsel for defendant to assume any costs incurred by plaintiffs as result of last-minute adjournment. (Vasquez, Lea)
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Filing 72
Letter from Jay Shapiro to Nicholas M. Wooldridge,Esq., Dated 9/22/2005 Regarding Response To Request For Adjournment Of The Deposition Of Boris Rabinovich. (Gallagher, Michael)
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Filing 71
Letter from Nicholas M. Wooldridge to Magistrate Gold Regarding Opposition to Opposing Counsel's Letter and Request for adjournment. (Wooldridge, Nicholas)
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SCHEDULING ORDER: Pre Motion Conference set for 9/28/2005 11:30 PM in Courtroom 4 or 5 before Judge Nina Gershon. Ordered by Judge Nina Gershon on 9/16/2005. (Joe, Victor)
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Filing 70
Letter from Jay Shapiro, Dated 9/16/2005;with Exhibits to Hon. Steven M. Gold Regarding REQUEST THAT THE COURT ENTER AN ORDER COMPELLING DEFENDANT RABINOVICH TO APPEAR AT THE DEPOSITION SCHEDULED FOR SEPTEMBER 23, AND SEEKS REIMBURSEMENT FOR ATTORNEYS FEES INCURRED IN HAVING TO MAKE THIS REQUEST.. (Gallagher, Michael)
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Minute Entry for proceedings held before Steven M. Gold : Initial Conference Hearing held on 9/7/2005. Shapiro and Litt for plaintiff; Cardenas for Grafman & Schultz, et al; Salerno for Nabutovsky et al; Rosen & Popofsky for retail defendants including Jacobs; Wooldridge for Rabinovic. Various discovery rulings on the record, including the following: (1) Retail defendants and Nabutovsky defendants will respond to plaintiffs' discovery letter by 9/21; (2) Rabinovich will produce computer to plaintiff's counsel for expert examination by 9/21; (3) Plaintiffs will produce damages statement, broken out by defendant (or group of defendants) by 9/21; (4) counsel will agree upon dates for settlement conferences after 9/21, and provide the court with a letter stating the dates agreed upon no later than 9/12, and will provide letters setting forth their claims and defenses and settlement position no later than 3 business days prior to the settlement conference(s). Next conference: September 28, 2005 at 3:00 p.m. (Tape #108/05.) (Vasquez, Lea)
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Filing 69
Letter from Jonathan L. Marks, Dated August 31, 2005 to Hon. Nina Gershon Regarding Renewed request for a pre-motion conference and for leave to file a motion; AND Exhibits A-F. (Gallagher, Michael)
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Filing 68
NOTICE by State Farm Mutual Automobile Insurance Company re #67 Letter Submission of Protective Order For Signature; And Exhibit A - Confidentiality Agreement (Gallagher, Michael)
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Filing 67
Letter from Alexis L. Cirel Dated 8/23/05 to The Hon. Steven M.Gold Regarding Submission Of Protective Order For Signature. (Gallagher, Michael)
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ORDER re #67 Letter: The protective order submitted jointly by all parties is hereby entered by the Court. Ordered by Judge Steven M. Gold on 08/23/05. (Gold, Steven)
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Filing 66
TRANSCRIPT of Civil Status held on 6/24/05 before Judge Gold. Counsel for parties present. Court Transcriber: Elizabeth Barron; Transcription Co.: Aria Transcriptions. (Fernandez, Erica)
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Filing 65
Clerk's ENTRY OF DEFAULT as to Tristate AJA Surgical Supply, Inc. (Jackson, Ramona)Copies Mailed
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Filing 64
Clerk's ENTRY OF DEFAULT as to Grafman Quality Products, Inc. (Jackson, Ramona)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 6/24/2005. (Tape #ESR 87-88/05.)Shapiro and Marks for plaintiff, Cardenaas (by telephone) for Graifman defendants, Salerno and Lombardi for AL Med defendants; Rosen, Popofsky and Wolf for Jacobs defendants; Tikhomirov for Rabinovich defendants. ESR 87-88/05. Rabinovich defendants will complete document production within one week. All defendants, individuals and corporations, will respond to any still outstanding interrogatories and document demands by July 26, 2005, regardless of the status of any related criminal investigation. Plaintiff's motion to compel disclosure of defendants' tax returns granted in part and denied in part as stated on the record. NEXT CONFERENCE: SEPTEMBER 7 AT 3 PM. (Houlihan, Tina)
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Filing 63
Letter from Steven R. Popofsky to Judge Gold Regarding Discovery Dispute. (Popofsky, Steven)
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Filing 62
Letter from Laure Salerno, Esq. to Magistrate Judge Steven M. Gold Regarding production of privileged tax returns. (Lombardi, Berardino)
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Filing 61
Letter from Andrey G Tikhomirov to Magistrate Judge Gold Regarding 5th Am. issue in Mr. Rabinovich answer to the Plaintiff's Interrogatories. (Attachments: #1 Exhibit 1)(Tikhomirov, Andrey)
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Filing 60
Letter from Marc R. Rosen to Judge Gold Regarding Conference. (Popofsky, Steven)
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SCHEDULING ORDER:Defendants' application, and with the consent of all parties, to adjourn the conference scheduled for June 17, 2005 is GRANTED. The conference will be held instead at 4:00 p.m. on June 24, 2005. So Ordered. Ordered by Judge Steven M. Gold on 06/15/2005. (O'Connor, Erin)
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ORDER re #58 Stipulation filed by Al Medical and Surgical Supply, Inc.: The proposed order, submitted by stipulation, relieving Mr. Racer and substituting Mr. Lombardi as counsel for defendants Vladimir Nabutovsky and AL Medical and Surgical Supply, Inc. is hereby ENTERED as an order of the court. Ordered by Judge Steven M. Gold on 06/15/05. (Gold, Steven)
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Filing 59
Letter from Jonathan L. Marks, Dated June 13, 2005 to Magistrate Judge Steven M. Gold Regarding Submitting A New Exhibit Binder For Exs. 28 To 53. (Exhibits To Be Filed In Hard Copy With Court). (Gallagher, Michael)
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Filing 58
STIPULATION to substitute counsel by Al Medical and Surgical Supply, Inc.. (Lombardi, Berardino)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 6/9/2005. (Tape #ESR 77/07.)Shapiro, Marks, Litt for plaintiff, Salerno for Nabutovsky and AL Medical, Rosen for Kagan et al, Cardenas for Schults and Grafman, Bukh for Rabinovich. ESR 77/07. Court's contacts with prosecutor spread on the record. Counsel will be prepared to discuss disclosure of tax returns at next conference, at which the presence of principals is excused. Plaintiffs may request a conference with defendants' principals present once outstanding discovery responses have been received if they are inadequate. NEXT CONF: JUNE 17 AT 10 AM. (Houlihan, Tina)
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Filing 57
Letter from Ross O. Silverman, Dated June 8, 2005 to Magistrate Judge Steven M. Gold Regarding Submission Of Evidence Regarding Cash Transactions That Would Be Relevant To The Court Deciding Whether To Require Defendants To Produce Their Tax Returns; EXHIBITS TO BE FILED IN HARD COPY WITH THE COURT. (Gallagher, Michael)
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SCHEDULING ORDER:In the Court's previous Order, the Court scheduled a telephone conference for July 9, 2005. This was a clerical error. THE TELEPHONE CONFERENCE WILL BE HELD AT 2:30 p.m. ON JUNE 9, 2005. So Ordered. Ordered by Judge Steven M. Gold on 06/07/2005. (O'Connor, Erin)
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Filing 56
Letter from Marc R. Rosen to Judge Gold Regarding Status Conference. (Popofsky, Steven)
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Filing 55
Letter from Jonathan L. Marks, Dated June 6, 2005 to Hon. Magistrate Judge Steven M. Gold Regarding a Request That The Court Continue The Status Hearing of June 9, 2005 Until The Week Of June 13, 2005 or June 20, 2005. (Gallagher, Michael)
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SCHEDULING ORDER: In light of counsels' letters dated today, there will be a telephone conference in this case at 2:30 p.m. on July 9, 2005 at 718-260-2560. Plaintiff is directed to arrange the call as well as confirm with all parties that they are aware of this conference. At that time, a new date for the hearing will be set. So Ordered. Ordered by Judge Steven M. Gold on 06/06/2005. (O'Connor, Erin)
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Minute Entry for proceedings held before Steven M. Gold : Telephone Conference held on 5/24/2005. Shapiro and Silverman for plaintiff, Lombardi for defendants AL Medical Supply and Nabutovsky. The application of these defendants to extend the time for answering interrogatories is granted.Shapiro for plaintiff, Gikhomirov for Rabinovich and Health World. The time for these defendants to respond to discovery demands long outstanding is extended to June 2. (Houlihan, Tina)
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Filing 54
NOTICE of Consent to Change Attorney by Andrey G. Tikhomirov (Tikhomirov, Andrey)
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Filing 53
Letter from Jay Shapiro, Dated May 20, 2005 to Magistrate Judge Steven M. Gold Regarding Discovery Responses Of Boris Rabinovich A/K/A Bob Rey And Health World AI, Ltd; With Exhibits. (Gallagher, Michael)
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Filing 52
STIPULATION re #50 Letter, #51 Stipulation (ORDER on change of counsel) by Al Medical and Surgical Supply, Inc.. (Lombardi, Berardino)
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Filing 51
STIPULATION re #50 Letter to Judge Gershon by Al Medical and Surgical Supply, Inc.. (Lombardi, Berardino)
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Filing 50
Letter from Dino J. Lombardi to Judge Gershon Regarding attorney substitution. (Lombardi, Berardino)
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Filing 49
NOTICE of Appearance by Andrey G. Tikhomirov on behalf of Boris Rabinovich, Health World AI, Ltd. (Tikhomirov, Andrey)
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Filing 48
NOTICE of Appearance/Letter by David S. Zapp on behalf of Boris Rabinovich, Health World AI, Ltd. (Guzzi, Roseann)
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ORDER: The Minute Entry dated April 28, 2005 states that the next status conference has been scheduled for June 29, 2005. This is an error. The next conference will take place on JUNE 9, 2005 at 2:30 p.m. Ordered by Judge Steven M. Gold on 05-02-2005. (Houlihan, Tina)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 4/27/2005. (Tape #ESR 59/05.)Shapiro, Silverman and Litt for plaintiffs; Cardenas for defendants Grafman and Schultz; Racer and new counsel, Wasserman, for defendants Nabutovsky et al; Popofsky for defendants Kagan et al; Zapp for defendants Rabinovitch et al. ESR 59/05. Various discovery rulings on the record, including but not limited to: (1) All defendants must begin a rolling production of documents responsive to plaintiffs' discovery demands within two weeks and complete same within four weeks. (2) All individual defendants, and principals of all entity defendants, must be PRESENT at the next conference unless excused by stipulation with plaintiffs or by Court order sought at least one week prior to the conference, upon pain of recommended default. (3) Plaintiff's motion for sanctions is denied without prejudice to renewal in the event defendants do not begin cooperating with discovery forthwith. (4) Counsel shall be familiar with their own schedules and those of their clients, and be prepared to set specific dates for depositions, inspections of books and records, and other discovery events at the next conference. NEXT CONFERENCE: 2:30 PM ON JUNE 29, 2005. (Houlihan, Tina)
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Filing 47
Letter from Steven R. Popofsky to Judge Gold Regarding response to plaintiffs' counsel's letter. (Popofsky, Steven)
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Filing 46
Letter from Ross O. Silverman to Magistrate Steven Gold Regarding State Farm v. Grafman. (Gallagher, Michael)
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Filing 45
Letter from Steven R. Popofsky to Magistrate Judge Gold Regarding scheduling. (Popofsky, Steven)
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Email Notification Test - DO NOT REPLY. (Lee, Tiffeny)
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Filing 44
Letter from Jonathan L. Marks to Magistrate Judge Steven M. Gold Regarding That the Court Enter an Order directing Taxwise and Accounting Services to Produce Tax Returns in its possession for any persons or entities on Exhibit A to the Subpoena served upon them before the April 26,2005 Deposition. (Gallagher, Michael)
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ORDER re #44 Letter: Plaintiff's counsel has submitted a letter seeking an order directing non-party Taxwise Accounting Services to produce tax returns described in a deposition subpoena issued by plaintiff's counsel on 3/29/05. Plaintiff's counsel represents that no party has moved to quash the subpoena or otherwise lodged an objection to Taxwise's compliance with it, and that Taxwise does not object to the entry of such an order. Accordingly, plaintiff's application for entry of such an order is hereby GRANTED. This electronic docket entry shall consitutute the court's order that non-party Taxwise Acounting Services produce the tax returns described in the subpoena. Ordered by Judge Steven M. Gold on 04/20/05. (Gold, Steven)
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Filing 43
Letter from Mark L. Furman to Hon. Nina Gershon Regarding proposed Order and change in attorney representation. (Attachments: #1 order)(Furman, Mark)
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ORDER: The proposed order submitted by Mr. Furman's letter of today's date, substituting the law firm of Gersten Savage for his firm as counsel for certain defendants identified in the order, is hereby entered by the court . Ordered by Judge Steven M. Gold on 04/19/05. (Gold, Steven)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 3/31/2005. Shapiro, Marks and Levy for pl, Racer for defendant Nabutovsky et al, Furman for defendant Jacobs et al; counsel for remaining defendants Grafman failed to appear. (1) Jacobs defendants will produce documents on a rolling basis to begin within two weeks. Plaintiff's counsel will submit a letter detailing any discovery disputes by 4/25; defendants will respond by 4/26; and counsel shall be prepared to address the issues raised at the next conference. Jacobs defendants and plaintiffs will use best efforts to stipulate promptly to the dismissal without prejudice of these defendants' claims for reimbursement which are currently pending in arbitration and state court proceedings and which these defendants intend to press as part of a breach of contract counterclaim in this action. (2) Nabutovsky defendants have failed to respond to plaintiff's discovery demands. Accordingly, the principals of each of these defendants is hereby ordered to attend the next conference IN PERSON. At that time, they will be placed under oath and asked, at a minimum, to answer the interrogatories propounded by plaintiff and to provide information about the documents demanded by plaintiff. Counsel for these defendants shall arrange for any necessary interpreters to attend the conference. Failure of these defendants to attend or respond to the plaintiffs' discovery demands may result in recommendation that a default judgment be entered against them. (3) Counsel will advise my chambers promptly whether they agree to the entry of the proposed protective order submitted in hard copy to the court during the course of this conference. NEXT CONF: APRIL 27 AT 10 AM (Vasquez, Lea)
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ORDER re #42 Letter, DEFENDANTS SHALL BE PREPARED TO ADDRESS THIS APPLICATION AT THE CONFERENCE ALREADY SCHEDULED FOR 10:00 A.M. ON MARCH 31, 2005. SO ORDERED. Signed by Judge Steven M. Gold on 03/29/2005. (Vasquez, Lea)
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Filing 42
Letter from Jonathan L. Marks to Magistrate Judge Steven M. Gold Regarding A REQUEST THAT DEFENDANTS VLADAMIR NABUTOVSKY, BORIS RABINOVICH a/k/a BOB REY, HEALTH WORLD AI, LTD., AND AL MEDICAL AND SURGICAL SUPPLY, INC. RESPOND TO DISCOVERY REQUESTS. (Gallagher, Michael)
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Filing 41
ORDER granting 40 Motion for Limited Admission of Jonathan L. Marks on behalf of plaintiff State Farm Mutual Automobile Insurance Company. (Guzzi, Roseann)
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Filing 40
MOTION for Limited Admission of Jonathan L. Marks; affidavit of Michael F. Gallagher; Certificate of good standing; fee paid 25.00 receipt #303040 by State Farm Mutual Automobile Insurance Company. (Guzzi, Roseann)
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Filing 39
Letter from Mark L. Furman to Hon. Nina Gershon, USDJ, Regarding continuing negotiation with plaintiffs. (Furman, Mark)
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Filing 38
NOTICE by State Farm Mutual Automobile Insurance Company NOTICE OF MOTION ADMITTING JONATHAN L. MARKS PRO HAC VICE; AFFIDAVIT OF MICHAEL F. GALLAGHER IN SUPPORT; EXHIBITS 1-7; and PROPOSED ORDER (Gallagher, Michael)
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Minute Entry for proceedings held before Steven M. Gold : Settlement Conference held on 2/15/2005. Shapiro, Silverman, D'Amato for plaintiffs, Cardenas for defendants. Conference held. Next conference scheduled for 3/31/05 at 10:00 a.m. (Vasquez, Lea)
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Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 1/13/2005. Shapiro, Levy and D'Amato for plaintiffs, Cardenas for Grafman et al, Young for Jacobs et al, Racer for Nabakovsky et al. Defendants will answer outstanding interrogaties and document demands, or move for protective order, by 3/1. Plaintiffs shall proceed with non-party depositions already noticed. A SETTLEMENT CONFERENCE WITH PLAINTIFF AND DEFENDANTS REPRESENTED BY MR. CARDENAS WILL BE HELD AT 12 NOON ON FEBRUARY 15. A STATUS CONFERENCE WILL ALL COUNSEL WILL BE HELD AT 10 AM ON MARCH 31. ANY PARTY MAY WRITE TO THE COURT EX PARTE FOR THE PURPOSE OF SEEKING A SETTLEMENT CONFERENCE. (Vasquez, Lea)
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Filing 37
DISCLOSURE of Interested Parties by Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Steven Leykind, Laura Leykind, Roman Pergament, Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov, AAA-RAA Medical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Graham Management Group, Inc., Horizon Management of NY, Inc., Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Northridge Supply, Inc., Emmanuel Jacobs, Jacob Kagan.(Yun, Edward)
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Filing 36
ANSWER to Complaint, CROSSCLAIM against Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Al Medical and Surgical Supply, Inc., Grafman Quality Products, Inc., Seaside Wholesale, Ltd., Unique Distributor, Inc., Bethel Equipment, Inc., Health World AI, Ltd., Tristate AJA Surgical Supply, Inc., Iriona Ivleva, Vladimir Nabutovsky, Semion Grafman, COUNTERCLAIM against all plaintiffs by AAA-RAA Medical Supply, Inc..(Furman, Mark)
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Filing 35
ANSWER to Complaint, CROSSCLAIM against Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Al Medical and Surgical Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Unique Distributor, Inc., Iriona Ivleva, Vladimir Nabutovsky, Oleg Portnov, Tristate AJA Surgical Supply, Inc., Semion Grafman, COUNTERCLAIM against all plaintiffs by Arbov, Inc..(Furman, Mark)
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Filing 34
ANSWER to Complaint, CROSSCLAIM against Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Al Medical and Surgical Supply, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Iriona Ivleva, Bethel Equipment, Inc., Semion Grafman, COUNTERCLAIM against all plaintiffs by Northridge Supply, Inc..(Furman, Mark)
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Filing 33
ANSWER to Complaint, CROSSCLAIM against Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Al Medical and Surgical Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Iriona Ivleva, Abdrei Schultz, Semion Grafman, COUNTERCLAIM against all plaintiffs by Galina Leykind, Steven Leykind, Laura Leykind, Madera Medical Supply, Inc..(Furman, Mark)
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Filing 32
ANSWER to Complaint, CROSSCLAIM against Vladimir Nabutovsky, Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Al Medical and Surgical Supply, Inc., Tristate AJA Surgical Supply, Inc., Aleksey Pugach, Boris Rabinovich, Iriona Ivleva, Abdrei Schultz, Oleg Portnov, Unique Distributor, Inc., Bethel Equipment, Inc., Semion Grafman, COUNTERCLAIM against all plaintiffs by Margarita Khalavsky, Graham Management Group, Inc..(Furman, Mark)
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Filing 31
ANSWER to Complaint, CROSSCLAIM against Oleg Portnov, Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Unique Distributor, Inc., Iriona Ivleva, Boris Rabinovich, Tristate AJA Surgical Supply, Inc., Abdrei Schultz, Vladimir Nabutovsky, Al Medical and Surgical Supply, Inc., Semion Grafman, Seaside Wholesale, Ltd., Aleksey Pugach, COUNTERCLAIM against all plaintiffs by Robert Khalavsky, Horizon Management of NY, Inc..(Furman, Mark)
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Filing 30
ANSWER to Complaint, CROSSCLAIM against Boris Rabinovich, Al Medical and Surgical Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Seaside Wholesale, Ltd., Semion Grafman, Oleg Portnov, Aleksey Pugach, Health World AI, Ltd., Unique Distributor, Inc., Iriona Ivleva, Abdrei Schultz, Vladimir Nabutovsky, Tristate AJA Surgical Supply, Inc., COUNTERCLAIM against all plaintiffs by Isaak Yakubov, Belachy Supply, Inc., Emmanuel Jacobs.(Furman, Mark)
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Filing 29
ANSWER to Complaint, CROSSCLAIM against Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Al Medical and Surgical Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Semion Grafman, Iriona Ivleva, Abdrei Schultz, Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., COUNTERCLAIM against all plaintiffs by Mirka United, Inc., Jacob Kagan.(Furman, Mark)
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Filing 28
ANSWER to Complaint, CROSSCLAIM against Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Tristate AJA Surgical Supply, Inc., Iriona Ivleva, Abdrei Schultz, Al Medical and Surgical Supply, Inc., Seaside Wholesale, Ltd., Unique Distributor, Inc., Semion Grafman, Vladimir Nabutovsky, COUNTERCLAIM against all plaintiffs by Mariya Vitukhnovskaya, Mara Services, Inc..(Furman, Mark)
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Filing 27
ANSWER to Complaint, CROSSCLAIM against Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Al Medical and Surgical Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Semion Grafman, Iriona Ivleva, COUNTERCLAIM against all plaintiffs by Igor Vetoukh.(Furman, Mark)
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Filing 26
ANSWER to Complaint, CROSSCLAIM against Vladimir Nabutovsky, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Al Medical and Surgical Supply, Inc., Bethel Equipment, Inc., Grafman Quality Products, Inc., Health World AI, Ltd., Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Semion Grafman, Iriona Ivleva, COUNTERCLAIM against State Farm Mutual Automobile Insurance Company by Roman Pergament.(Furman, Mark)
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Filing 24
Letter from Jay Shapiro to Mag. Gold dtd. 11/5/04 Regarding Cancell conf. for 11/12/04. matter settled.. (Jackson, Ramona)
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Filing 23
NOTICE by State Farm Mutual Automobile Insurance Company NOTICE OF DISMISSALPURSUANT TO FRCP 41(a)(1), THAT PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY HEREBY DISMISSES THE ABOVE -CAPTIONED LAWSUIT AGAINST DEFENDANT IRINA IVLEVA, WITHOUT PREJUDICE AND WITHOUT COSTS. (Gallagher, Michael)
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Filing 22
ORDER The Court has received plaintiff?s counsel?s FAXED request for an adjournment of the settlement conference scheduled for November 12, 2004. The adjournment is GRANTED. The next conference, as previously scheduled, will be held on January 13, 2005 at 12:00 p.m. and in-person. Plaintiff?s counsel is directed to immediately confirm with all counsel that they are aware of this Order.?Counsel are reminded that all correspondence in this case is to be ELECTRONICALLY filed. Future correspondence not received electronically will not be responded to. Parties not currently registered for Electronic Case Filing will be expected to be registered prior to the next conference date. SO ORDERED. Signed by Judge Steven M. Gold on 10/8/2004. (Vasquez, Lea)
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Filing 21
AFFIDAVIT of Jay Shapiro in Support Of Certificate Of Default on Defendant Tristate AJA Surgical Supply, Inc., by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 20
AFFIDAVIT of Jay Shapiro in Support of Certificate of Default on Defendant Grafman Quality Products, Inc., by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 19
Letter from Mark L. Furman to Judge Gershon dtd. 10/15/04 Regarding request for conference. (Jackson, Ramona)
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Filing 18
Letter from Ross O. Silverman to Honorable Nina Gershon Regarding response to request for permission to file a motion to dismiss the complaint.. (Gallagher, Michael)
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Minute Entry for proceedings held before Steven M. Gold : Initial Conference Hearing held on 10/25/2004. Marks and Shapiro for pls; Cardenas and Pirner for Grafman and Schultz; Racer for Nabakovsky and Rabinovich; Mendez for Jacob et al. Parties' proposed discovery schedule is adopted, with fact discovery to be completed by 2/1/06. A TELEPHONE CONFERENCE WILL BE HELD 10/26 AT 11 AM, arranged by counsel for plaintiffs, with each defense counsel seriatim, to discuss the possibility of settlement. A STATUS CONFERENCE WILL BE HELD AT NOON ON JANUARY 13, 2005 WITH ALL COUNSEL PRESENT to discuss the status of discovery.(Tape #108/04.) (Gold, Steven)
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Filing 17
Letter from mlfurman to Hon. Nina Gershon Regarding State Farm v. Semion Grafman, et.al.. (Furman, Mark)
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Filing 25
ANSWER to Complaint by Abdrei Schultz.(Guzzi, Roseann)
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Filing 16
ANSWER to Complaint by Semion Grafman.(Sica, Michele)
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Filing 15
STIPULATION extending defts' time to answer to October 15, 2004 by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 14
Clerk's ENTRY OF DEFAULT as to Bethel Equipment, Inc., Aleksey Pugach, Seaside Wholesale, Ltd., Unique Distributor, Inc. (Jackson, Ramona)
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Filing 13
AFFIDAVIT of Michael F. Gallagher in support of Plaintiff's Application for a Certificate of Default on Defendant Unique Distributor, Inc.; and Certificate of Default; with Exhibit 1- Proof of Service by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 12
AFFIDAVIT of Michael F. Gallagher in support of Plaintiff's Application for a Certificate of Default on Defendant Seaside Wholesale, Ltd.; and Certificate of Default; with Exhibit 1- Proof of Service by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 11
AFFIDAVIT of Michael F. Gallagher in support of Plaintiff's Application for a Certificate of Default on Defendant Bethel Equipment, Inc.; and Certificate of Default; with Exhibit 1- Proof of Service by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 10
AFFIDAVIT of Michael F. Gallagher in support of Plaintiff's Application for a Certificate of Default on Defendant Aleksey Pugach; and Certificate of Default; with Exhibit 1- Proof of Service by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 9
Letter dated 8/25/04 from Mr. Gallagher containing his new address. (Vaughn, Terry)
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Filing 8
SCHEDULING ORDER:Initial conference scheduled for 10/25/2004 at 10:00 a.m. Signed by Judge Steven M. Gold on 08/23/2004. (Vasquez, Lea)
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Filing 7
STIPULATION extending time to answer the summons and complaint in this action on or by 9/30/04 for Defendants EMMANUEL JACOBS, JACOB KAGAN A/K/A YACOV KAGAN, MARGARITA KHALAVSKY, ROBERT KHALAVSKY, GALINA LEYKIND, STEVEN LEYKIND, LAURA LEYKIND, ROMAN PERGAMENT, ANDREI SCHULTZ, IGOR VETOUKH, MARIYA VITUKHNOVSKAYA, ISAKK YAKUBOV, BELACHY SUPPLY, INC., MIRKA UNITED, INC., GRAHAM MANAGEMENT GROUP, HORIZON MANAGEMENT OF N.Y. INC., MADERA MEDICAL SUPPLY, INC., NORTHRIDGE SUPPLY, INC., AAA-RAA MEDICAL SUPPLY INC., TRISTATE AJA SURGICAL SUPPLY, INC., ARBOV, INC., AND MARA SERVICES, INC., by State Farm Mutual Automobile Insurance Company. (Gallagher, Michael)
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Filing 6
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Iriona Ivleva served on 7/19/2004, answer due 8/9/2004. (Guzzi, Roseann)
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Filing 5
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Emmanuel Jacobs served on 7/10/2004. (Guzzi, Roseann)
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Filing 4
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. Al Medical and Surgical Supply, Inc. served on 7/1/2004, answer due 7/21/2004; Arbov, Inc. served on 7/2/2004, answer due 7/22/2004; Semion Grafman served on 7/1/2004, answer due 7/21/2004; Grafman Quality Products, Inc. served on 7/1/2004, answer due 7/21/2004; Jacob Kagan served on 7/1/2004, answer due 7/21/2004; Margarita Khalavsky served on 7/2/2004, answer due 7/22/2004; Robert Khalavsky served on 7/2/2004, answer due 7/22/2004; Galina Leykind served on 7/1/2004, answer due 7/21/2004; Laura Leykind served on 7/1/2004, answer due 7/21/2004; Steven Leykind served on 7/1/2004, answer due 7/21/2004; Madera Medical Supply, Inc. served on 7/1/2004, answer due 7/21/2004; Mara Services, Inc. served on 7/1/2004, answer due 7/21/2004; Vladimir Nabutovsky served on 7/1/2004, answer due 7/21/2004; Northridge Supply, Inc. served on 7/1/2004, answer due 7/21/2004; Roman Pergament served on 7/2/2004, answer due 7/22/2004; Aleksey Pugach served on 7/2/2004, answer due 7/22/2004; Boris Rabinovich served on 7/6/2004, answer due 7/26/2004; Abdrei Schultz served on 7/2/2004, answer due 7/22/2004; Tristate AJA Surgical Supply, Inc. served on 7/2/2004, answer due 7/22/2004; Igor Vetoukh served on 7/2/2004, answer due 7/22/2004; Mariya Vitukhnovskaya served on 7/1/2004, answer due 7/21/2004; Isaak Yakubov served on 7/6/2004, answer due 7/26/2004. (Guzzi, Roseann)
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Filing 3
SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company. AAA-RAA Medical Supply, Inc. served on 6/29/2004, answer due 7/19/2004; Al Medical and Surgical Supply, Inc. served on 6/29/2004, answer due 7/19/2004; Arbov, Inc. served on 6/29/2004, answer due 7/19/2004; Belachy Supply, Inc. served on 6/29/2004, answer due 7/19/2004; Bethel Equipment, Inc. served on 6/29/2004, answer due 7/19/2004; Grafman Quality Products, Inc. served on 6/29/2004, answer due 7/19/2004; Graham Management Group, Inc. served on 6/29/2004, answer due 7/19/2004; Health World AI, Ltd. served on 6/29/2004, answer due 7/19/2004; Horizon Management of NY, Inc. served on 6/29/2004, answer due 7/19/2004; Madera Medical Supply, Inc. served on 6/29/2004, answer due 7/19/2004; Mara Services, Inc. served on 6/29/2004, answer due 7/19/2004; Mirka United, Inc. served on 6/29/2004, answer due 7/19/2004; Northridge Supply, Inc. served on 6/29/2004, answer due 7/19/2004; Seaside Wholesale, Ltd. served on 6/29/2004, answer due 7/19/2004; Tristate AJA Surgical Supply, Inc. served on 6/29/2004, answer due 7/19/2004; Unique Distributor, Inc. served on 6/29/2004, answer due 7/19/2004. (Guzzi, Roseann)
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Filing 2
DISCLOSURE of Interested Parties by State Farm Mutual Automobile Insurance Company.(Bowens, Priscilla)
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Filing 1
COMPLAINT against AAA-RAA Medical Supply, Inc., Al Medical and Surgical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Bethel Equipment, Inc., Semion Grafman, Grafman Quality Products, Inc., Graham Management Group, Inc., Health World AI, Ltd., Horizon Management of NY, Inc., Iriona Ivleva, Emmanuel Jacobs, Jacob Kagan, Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Laura Leykind, Steven Leykind, Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Vladimir Nabutovsky, Northridge Supply, Inc., Roman Pergament, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov filing fee $ 150, receipt number 295766, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet)(Bowens, Priscilla)
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Summons Issued as to AAA-RAA Medical Supply, Inc., Al Medical and Surgical Supply, Inc., Arbov, Inc., Belachy Supply, Inc., Bethel Equipment, Inc., Semion Grafman, Grafman Quality Products, Inc., Graham Management Group, Inc., Health World AI, Ltd., Horizon Management of NY, Inc., Iriona Ivleva, Emmanuel Jacobs, Jacob Kagan, Margarita Khalavsky, Robert Khalavsky, Galina Leykind, Laura Leykind, Steven Leykind, Madera Medical Supply, Inc., Mara Services, Inc., Mirka United, Inc., Vladimir Nabutovsky, Northridge Supply, Inc., Roman Pergament, Oleg Portnov, Aleksey Pugach, Boris Rabinovich, Abdrei Schultz, Seaside Wholesale, Ltd., Tristate AJA Surgical Supply, Inc., Unique Distributor, Inc., Igor Vetoukh, Mariya Vitukhnovskaya, Isaak Yakubov. (Bowens, Priscilla)
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ECF registration forms have been mailed, so that all filings may be made electronically. (Bowens, Priscilla)
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