Gelfman International Enterprises, Inc. v. Klioner et al
| Gelfman International Enterprises, Inc., Mark Gelfman and Aliki Gelfman |
| Marta Klioner, Miami Sun International Corp., Gleb Klioner, Michael Touretsky and Choir of Michael Touretsky |
| esq Usher T. Winslett, Jr. |
| 1:2005cv03826 |
| August 11, 2005 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J Dearie |
| Robert M Levy |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2010. A more recent docket listing may be available from PACER.
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Filing 94
STIPULATION OF DISCONTINUANCE: Action is hereby discontinued with prejudice, without costs to either party as against the other. Touretsky's application pursuant to Rule 11 is hereby withdrawn and discontinued with prejudice, and the request for a hearing is withdrawn as moot, without costs to either party as against the other. Ordered by Chief Judge Raymond J. Dearie on 7/13/2010. (Chee, Alvin)
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Filing 93
STIPULATION Discontinuing Action by Gleb Klioner, Marta Klioner, Miami Sun International Corp. (Michelen, Oscar)
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Filing 92
Letter Notice of Settlement by Aliki Gelfman, Mark Gelfman (Woods, James)
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Filing 91
Letter requesting transfer to Magistrate by Gleb Klioner, Marta Klioner, Miami Sun International Corp. (Michelen, Oscar)
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Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Woods, Oscar Michelen. The parties have agreed to settle this case and will file a stipulation of discontinuance.Settlement Conference held on 6/10/2010 (Levy, Robert)
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Filing 90
Minute Entry for proceedings held before Chief Judge Raymond J. Dearie: Pre-Motion Conference held on 5/10/2010. Counsel for parties present. Discussion held. Court reminds parties that bench trial is scheduled for 6/14/10. Parties are directed to pre-mark exhibits. Parties are asked if they consent to a magistrate judge trial. Counsel for plaintiff agrees. Counsel for defendant advises that he will confer with his clients and advise Court. (Court Reporter: Burt Sulzer.) (Chee, Alvin)
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Filing 89
SCHEDULING ORDER: A pre-motion conference has been scheduled for 5/10/10 at 11:15 AM before Judge Raymond J. Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 5/6/2010. (Chee, Alvin)
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Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Wood, Sumeet Sondhi. Continuing discussions concerning possible settlement of Touretsky sanctions motion. Counsel will advise court by 5/4/10 whether the settlement recommendation is acceptable.Settlement Conference held on 5/3/2010 (Levy, Robert)
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Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Settlement discussions held on 2 fronts: (1) Discussions held between plaintiff and the Klioners. Impasse reached due to an irreconcilable disagreement over the scope of the remaining claims. Counsel state that this issue can be resolved only by a motion or trial. (2) Plaintiff and Touretsky will respond by 4/29/10 to the court's settlement recommendation regarding sanctions.Settlement/Status Conference held on 4/27/2010 (Levy, Robert)
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Filing 88
Letter MOTION for pre motion conference for summary judgment motion by Gleb Klioner, Marta Klioner, Miami Sun International Corp.. (Michelen, Oscar)
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ORDER: A pre-settlement telephone conference has been scheduled for Tuesday, April 27, 2010 at 2:00 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Plaintiff's counsel is directed to initiate telephone conference. Ordered by Magistrate Judge Robert M. Levy on 4/19/2010. (Marino, Janine)
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Filing 87
Minute Entry for proceedings held before Chief Judge Raymond J. Dearie: Motion Hearing held on 4/15/2010. The motion of defendants Michael Touretsky and Choir of Michael Touretsky for the award of attorney fees and costs argued. Decision reserved. Jury selection and trial scheduled for 6/14/10 at 9:30 AM. The parties are to attempt to settle the matter with the help of the magistrate judge and the district judge. (Court Reporter: Fred Guerino.) (Chee, Alvin)
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Filing 86
SCHEDULING ORDER: Oral argument/conference has been scheduled for 4/15/10 at 12 PM before Judge Raymond J. Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 3/16/2010. (Chee, Alvin)
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Filing 84
Letter Requesting Conference by Aliki Gelfman, Mark Gelfman, Gelfman International Enterprises, Inc. (Woods, James)
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Filing 83
Letter by Choir of Michael Touretsky, Michael Touretsky (Sondhi, Sumeet)
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Filing 85
MANDATE of USCA as to #80 Notice of Appeal filed by Gelfman International Enterprises, Inc. stipulation withdrawing premature appeal. It is stipulated by the parties that the appeal is withdrawn without costs and without attorneys' fees pursuant to Rule 42(b) of the FRAP. See document for further details. Certified: 1/29/10. USCA#09-3646-cv. (McGee, Mary Ann)
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Filing 82
NOTICE of Change of Address by Sumeet Sondhi (Sondhi, Sumeet)
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Chief Judge Raymond J. Dearie added. Senior-Judge Charles P. Sifton no longer assigned to case. (Davis, Kimberly)
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Filing 81
EXHIBIT Second Amended Complaint Verification by Aliki Gelfman, Mark Gelfman. Related document: #71 Amended Complaint filed by Aliki Gelfman, Mark Gelfman. (Woods, James)
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Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. #80 Notice of Appeal. Please note: The documents in this case are online and may be downloaded. (McGee, Mary Ann)
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Filing 79
MOTION for Attorney Fees by Choir of Michael Touretsky, Michael Touretsky. (Sondhi, Sumeet)
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Motions terminated, docketed incorrectly: #77 MOTION for Attorney Fees filed by Choir of Michael Touretsky, Michael Touretsky. This is not a motion; it is an affirmation. #78 MOTION for Attorney Fees filed by Choir of Michael Touretsky, Michael Touretsky. This is not a motion; it is a memorandum of law. (Abdallah, Fida)
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Filing 78
MOTION for Attorney Fees by Choir of Michael Touretsky, Michael Touretsky. (Attachments: #1 Exhibit) (Sondhi, Sumeet)
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Filing 77
MOTION for Attorney Fees by Choir of Michael Touretsky, Michael Touretsky. (Sondhi, Sumeet)
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Filing 76
MOTION for Attorney Fees by Choir of Michael Touretsky, Michael Touretsky. (Sondhi, Sumeet)
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Filing 75
ANSWER to #71 Amended Complaint by Gleb Klioner, Marta Klioner, Miami Sun International Corp.. (Michelen, Oscar)
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Filing 80
NOTICE OF APPEAL as to #65 Memorandum & Opinion,, by Gelfman International Enterprises, Inc.. Filing fee $ 455.00. Receipt #4653004601. Service done via ECF. Please note: This NOA was originally filed 8/26/09. (McGee, Mary Ann)
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Filing 74
MEMORANDUM AND OPINION denying plaintiffs motion for reconsideration of the Courts memorandum opinion and order dated July 27, 2009 with respect to the granting of Rule 11 sanctions against plaintiffs counsel. Ordered by Senior Judge Charles P. Sifton on 9/9/2009. (Sifton, Charles)
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Filing 73
RESPONSE to Motion re #66 Notice of MOTION for Reconsideration of Rule 11 Sanctions Reply Memorandum in Support filed by Gelfman International Enterprises, Inc.. (Attachments: #1 Certificate of Service) (Woods, James)
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Filing 72
Letter MOTION for Leave to File Exhibits with Reply to Motion for Reconsideration by Gelfman International Enterprises, Inc.. (Woods, James)
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Filing 71
AMENDED COMPLAINT SECOND AMENDED COMPLAINT against Gleb Klioner, Marta Klioner, Miami Sun International Corp., filed by Mark Gelfman, Aliki Gelfman. (Attachments: #1 Certificate of Service) (Woods, James)
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Filing 70
REPLY in Support re #65 Memorandum & Opinion,, filed by Choir of Michael Touretsky, Michael Touretsky. (Sondhi, Sumeet)
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Filing 68
REPLY in Support re #65 Memorandum & Opinion,, filed by Choir of Michael Touretsky, Michael Touretsky. (Attachments: #1 Supplement) (Sondhi, Sumeet)
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Filing 67
REPLY to Response to Motion re #66 Notice of MOTION for Reconsideration of Rule 11 Sanctions filed by Choir of Michael Touretsky, Michael Touretsky. (Attachments: #1 Memorandum in Support, #2 Exhibit) (Sondhi, Sumeet)
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Filing 66
Notice of MOTION for Reconsideration of Rule 11 Sanctions by Gelfman International Enterprises, Inc.. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (Woods, James)
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Filing 65
MEMORANDUM AND OPINION granting the motions of defendants Marta Klioner, GlebKlioner, and Miami Sun International Corp. for leave to amend their answer and for summary judgment, granting the motion of defendants Michael Touretsky and the Choir of Michael Touretsky for summary judgment, granting the motion of defendants Touretsky and the Choir of Michael Touretsky for Rule 11 sanctions against plaintiffs counsel and denying the motion for sanctions against plaintiffs. The motion by plaintiff for leave to file a second amended complaint is granted. Ordered by Senior Judge Charles P. Sifton on 7/27/2009. (Sifton, Charles)
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Filing 64
Minute Entry for proceedings held before Senior Judge Charles P. Sifton: Motion Hearing held on 6/3/2009. Case called for Dfts motion for summary judgment. Decision reserved. (Court Reporter Victoria Torres) (Abdallah, Fida)
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Filing 63
MEMORANDUM in Support re #46 MOTION for Sanctions against plaintiff and counsel filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 62
REPLY in Support re #46 MOTION for Sanctions against plaintiff and counsel filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 61
MEMORANDUM in Support re #42 Notice of MOTION for Summary Judgment filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 60
REPLY in Support re #42 Notice of MOTION for Summary Judgment filed by Michael Touretsky, Choir of Michael Touretsky. (Attachments: #1 Exhibit Averbukh EBT, #2 Exhibit Krol EBT, #3 Exhibit Krol and Averbukh Letters) (Sondhi, Sumeet)
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Filing 59
RESPONSE in Opposition re #56 Cross MOTION for Leave to File Amended Complaint filed by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Attachments: #1 Exhibit Check to Touretsky, #2 Exhibit Prior and current Gelfman Forfeitures, #3 Exhibit Certification of Forfeiture, dated 3-18-09, #4 Exhibit Krol and Averbukh Letters) (Michelen, Oscar)
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Filing 58
MEMORANDUM in Support re #38 Notice of MOTION for Summary Judgment and leave to amend filed in reply filed by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Michelen, Oscar)
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Filing 57
REPLY in Support re #38 Notice of MOTION for Summary Judgment and leave to amend filed by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Attachments: #1 Exhibit Check to Touretsky, #2 Exhibit Gelfman prior and current forfeitures, #3 Exhibit Forfeiture Certification dated 3-18-09, #4 Exhibit Krol and Averbukh Letters) (Michelen, Oscar)
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Filing 56
Cross MOTION for Leave to File Amended Complaint by Gelfman International Enterprises, Inc.. (Attachments: #1 Memorandum in Support Memo of Law in Opposition to Klioner motion and in Support of Cross Motion, #2 Affidavit in Support Affirm in Opposition to Klioner motion and Support of cross motion, #3 Certificate of Service Certicate of Service) (Woods, James)
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Filing 55
MEMORANDUM in Opposition re #42 Notice of MOTION for Summary Judgment, #46 MOTION for Sanctions against plaintiff and counsel filed by Gelfman International Enterprises, Inc.. (Attachments: #1 Exhibit Exhibt A EBT transcript of Marta Klioner 06.17.08, #2 Exhibit Exhibit A (part 2) EB transcript of Marta Klioner 06.18.08, #3 Exhibit Exhibit B EBT transcript of Marta Klioner 06.19.08, #4 Exhibit Exhibit C EBT transcirpt of Olga Sinitsina 9-25-08, #5 Exhibit Exhibit D EBT of Krol, #6 Exhibit Exhibit E EBT transcript of Lidya Averbukh 9-26-08, #7 Exhibit Exhibit F Travel documents, #8 Exhibit Exhibit G Gelfman Receipts, #9 Certificate of Service Certification of service - Touretsky) (Woods, James)
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Filing 54
MEMORANDUM in Opposition re #38 Notice of MOTION for Summary Judgment and leave to amend and in Support of Cross Motion filed by Gelfman International Enterprises, Inc.. (Attachments: #1 Exhibit Exhibit A EBT transcript of Marta Klioner 06.17.08, #2 Exhibit Exhibit A (part 2) EBT transcript of Marta Klioner 06.18.08, #3 Exhibit Exhibit B EBT transcript of Marta Klioner 06.19.08, #4 Exhibit Exhibit C EBT transcirpt of Olga Sinitsina 9-25-08, #5 Exhibit Exhibit D EBT of Mark Krol, #6 Exhibit Exhibit E EBT transcript of Lidya Averbukh 9-26-08, #7 Exhibit Exhibit F Travel documents, #8 Exhibit Exhibit G Gelfman receipts, #9 Certificate of Service Certificate of Service - Klioner motion and cross motion) (Woods, James)
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Filing 53
ORDER denying #51 Motion for Extension of Time to File Response/Reply. Ordered by Senior Judge Charles P. Sifton on 3/2/2009. (Abdallah, Fida)
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Filing 52
RESPONSE in Opposition re #51 Second MOTION for Extension of Time to File Response/Reply filed by all defendants. (Michelen, Oscar)
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Filing 51
Second MOTION for Extension of Time to File Response/Reply by Gelfman International Enterprises, Inc.. (Woods, James)
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Filing 50
ORDER granting #49 Motion for Extension of Time to File Response/Reply. Ordered by Senior Judge Charles P. Sifton on 2/11/2009. (Abdallah, Fida)
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Filing 49
MOTION for Extension of Time to File Response/Reply by Gelfman International Enterprises, Inc.. (Woods, James)
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Filing 48
MEMORANDUM in Support re #46 MOTION for Sanctions against plaintiff and counsel filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 47
AFFIDAVIT/DECLARATION in Support re #46 MOTION for Sanctions against plaintiff and counsel of Sumeet Sondhi filed by Michael Touretsky, Choir of Michael Touretsky. (Attachments: #1 Exhibit Email) (Sondhi, Sumeet)
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Filing 46
MOTION for Sanctions against plaintiff and counsel by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 45
MEMORANDUM in Support re #42 Notice of MOTION for Summary Judgment filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 44
RULE 56.1 STATEMENT re #42 Notice of MOTION for Summary Judgment filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 43
AFFIDAVIT/DECLARATION in Support re #42 Notice of MOTION for Summary Judgment filed by Michael Touretsky, Choir of Michael Touretsky. (Sondhi, Sumeet)
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Filing 42
Notice of MOTION for Summary Judgment by Michael Touretsky, Choir of Michael Touretsky. Responses due by 2/9/2009 (Attachments: #1 Exhibit Complaint, #2 Exhibit Amended Complaint, #3 Exhibit Answer to Complaint, #4 Exhibit Answer to Amended Complaint, #5 Exhibit Motion to Dismiss, #6 Exhibit Memorandum Opinion Dismissing Complaint, #7 Exhibit Mark Gelfman EBT pgs 1-100, #8 Exhibit Mark Gelfman EBT pgs 101-160, #9 Exhibit Mark Gelfman Day 2 141-concl, #10 Exhibit Aliki Gelfman EBT pgs 1-100, #11 Exhibit Aliki Gelfman EBT pgs 101-194) (Sondhi, Sumeet)
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Filing 41
MEMORANDUM in Support re #38 Notice of MOTION for Summary Judgment and leave to amend filed by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Michelen, Oscar)
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Filing 40
RULE 56.1 STATEMENT re #38 Notice of MOTION for Summary Judgment and leave to amend filed by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Michelen, Oscar)
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Filing 39
AFFIDAVIT/DECLARATION in Support re #38 Notice of MOTION for Summary Judgment and leave to amend filed by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Michelen, Oscar)
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Filing 38
Notice of MOTION for Summary Judgment and leave to amend by Marta Klioner, Miami Sun International Corp., Gleb Klioner. Responses due by 2/9/2009 (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Answer, #3 Exhibit proposed amended answer, #4 Exhibit Maryland Printout, #5 Exhibit Maryland Forfeiture Certificate, #6 Exhibit Mark Gelfman EBT pgs 1 -100, #7 Exhibit Mark Gelfman EBT pgs 101-160, #8 Exhibit Mark Gelfman EBT Day 2 140-concl, #9 Exhibit Aliki Gelfman EBT pgs 1-100, #10 Exhibit Aliki Gelfman EBT pgs 101-194) (Michelen, Oscar)
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Filing 37
ORDER granting #36 Motion for Extension of Time to File. Ordered by Senior Judge Charles P. Sifton on 12/4/2008. (Abdallah, Fida)
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Filing 36
Letter MOTION for Extension of Time to File Dispositive Motions by Marta Klioner, Miami Sun International Corp., Gleb Klioner, Michael Touretsky. (Michelen, Oscar)
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Minute Entry for proceedings held before Judge Robert M. Levy: James Woods, plaintiff; Oscar Michelen, Miami Sun; Sumeet Sondhi, Touretsky. Discovery complete. Parties will make summary judgment motions. Subject to Judge Sifton's rules, and approval if necessary, the following motion schedule is adopted: 12/5/08 motion; 1/9/09 opposition; 1/23/09 reply.Status Conference held on 11/5/2008 (Levy, Robert)
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Filing 35
Letter MOTION for Extension of Time to Complete Discovery to October 31, 2008 by Miami Sun International Corp.. (Michelen, Oscar)
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ORDER granting #35 Motion for Extension of Time to Complete Discovery from 9/8/08 to 10/31/08. FINAL. The telephone conference scheduled for 9/8/08 is adjourned to 11/5/08 at 4:00. Ordered by Judge Robert M. Levy on 9/5/08. (Levy, Robert)
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Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Woods, Oscar Michelen. (1) Discovery complete except for deposition of Mrs. Gelfman (currently in Greece) and 3 out-of-town non-parties, one of whom is in the hospital, who are not available until August. These depositions may proceed by videoconference. (2) Discovery deadline extended to 8/31/08. (3) Settlement impossible at this time. Parties do not agree to binding ADR. (4) Next conference 9/8/08 at 5:00 (tel)(to schedule joint pretrial order).Status Conference held on 7/10/2008 (Levy, Robert)
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Minute Entry for proceedings held before Magistrate Judge Robert M. Levy:James Woods, Oscar Mishlin. The parties are completing the last depositions today and tomorrow and shall produce follow-up discovery by 6/30/08. Discovery deadline extended to 6/30/08. The parties shall advise by 6/26/08 whether they agree to binding arbitration or other ADR. Next conference 7/10/08 at 4:30 (tel).Status Conference held on 6/18/2008 (Levy, Robert)
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ORDER granting #34 Motion for Final Extension of Time to 5/30/08 to Complete Discovery. The conference scheduled for 4/30/08 is adjourned to 6/18/08 at 2:00 (in person). The parties should be prepared to discuss settlement and should have their clients available either in the courtroom or by telephone. Ordered by Judge Robert M. Levy on 4/18/08. (Levy, Robert)
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Filing 34
Letter MOTION for Extension of Time to Complete Discovery by Marta Klioner, Miami Sun International Corp., Gleb Klioner. (Michelen, Oscar)
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Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: James Woods; Oscar Mishlin; Sumeet Sondhi. Discovery deadline extended to 4/30/08. The parties are considering binding arbitration and will advise shortly whether all parties agree to do so. Next conference 4/30/08 at 11:00 (tel).Status Conference held on 2/7/2008 (Levy, Robert)
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Minute Entry for proceedings held before Robert M. Levy: James Woods, Oscar Mishlin. Written discovery complete. Depositions have not been held. The parties are reminded that they must request an extension of scheduling deadlines prior to their expiration. The deadline for the completion of discovery is extended to 1/31/08. Next conference 2/7/08 at 10:30 (tel). At that conference the parties should be prepared to discuss settlement and the advisability of alternative dispute resolution methods.Status Conference held on 10/17/2007 (Levy, Robert)
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Minute Entry for proceedings held before Robert M. Levy: James Woods, Oscar Mishlin, Sumvet Sondhi. Phone records recently produced by telephone company stop 7 days before tour and do not include June and July 2004. Plaintiff shall follow up with telephone company to obtain full records. Deadline for completion of written discovery: 8/31/07; completion of depositions by 9/28/07. Next conference 10/17/07 at 12:30 (tel). Status Conference held on 7/31/2007 (Levy, Robert)
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Filing 33
Letter on Status and Request Adjournment by Gelfman International Enterprises, Inc., Marta Klioner, Miami Sun International Corp., Gleb Klioner, Michael Touretsky, Choir of Michael Touretsky (Woods, James)
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ORDER re #33 Letter filed by Miami Sun International Corp., Choir of Michael Touretsky, Gleb Klioner, Gelfman International Enterprises, Inc., Michael Touretsky, Marta Klioner. On consent, the conference scheduled for 6/27/07 is ADJOURNED to 7/31/07 at 2:00 (tel). Ordered by Judge Robert M. Levy on 6/26/07. (Levy, Robert)
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Filing 32
NOTICE of Appearance by Sumeet Sondhi on behalf of Michael Touretsky (aty to be noticed) (Sondhi, Sumeet)
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Minute Entry for proceedings held before Robert M. Levy: James Woods, Oscar Michelen (Klioners), Andrew Bluestone (Touretsky). Mediation narrowed the issues. Completion of discovery 5/4/07. Parties to contact the mediator prior to the close of discovery to resume the mediation. Mr. Woods will advise Mr. Bluestone after the completion of discovery whether plaintiff will discontinue this action against Mr. Touretsky. If not, Mr. Touretsky may move for summary judgment, pursuant to Judge Sifton's rules. Status Conference 6/27/07 at 2:15 (tel) held on 3/15/2007 (Levy, Robert)
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AMENDED Minute Entry for proceedings held before Robert M. Levy: James Woods (plaintiff), Oscar Michelen (Klioners), Andrew Bluestone (Touretsky). Mediation narrowed the issues. Deadline for completion of discovery 5/4/07. Parties to contact the mediator prior to the close of discovery to resume the mediation. Mr. Woods will advise Mr. Bluestone after the completion of discovery whether plaintiff will discontinue this action against Mr. Touretsky. If not, Mr. Touretsky may move for summary judgment, pursuant to Judge Sifton's rules. Next conference 6/27/07 at 2:15 (tel).Status Conference held on 3/15/2007 (Levy, Robert)
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Filing 31
CORRECTION Mediation Session 2/22/07. The first mediation session will begin at 10:00AM on 2/22/07 in the Brooklyn Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201. Go directly to Conference Room 302 South. On or before 2/12/07, Counsel shall file with the Mediator his client's mediation statement summarizing the facts, legal issues, prior settlement discussions, and the name of the client or client representative either of whom shall have full settlement authority. Attendance in person is required of the trial attorney, insurance adjustor and the client or client representative with full settlement authority. The Confidentiality Stipulation which is attached to this electric notice will be signed at the mediation session by all participants and the Mediator and returned to the ADR Administrator, Gerald P. Lepp, fax (718)613-2399. Contact information for the Mediator is: Usher T. Winslett, White Cap Group, LLC, 109 West 89th Street, # GA, New York, NY 10024; telephone (917) 841-2865; fax (707) 549-4517; email address "usher@whitecapgroup.com". (Lepp, Gerald) (Lepp, Gerald)
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Filing 30
Mediation Session 2/22/07. The first mediation session will begin at 10;00AM on 2/22/07 in the Brooklyn Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201. Go directly to Conference Room 302 South. On or before 2/12/07, Counsel shall file with the Mediator his client's mediation statement summarizing the facts, legal issues, prior settlement discussions, and the mame of the client or client representative either of whom shall have full settlement authority. Attendance in person is required of the trial attorney, insurance adjustor and the client or client representative with full settlement authority. The Confidentiality Stipulation which is attached to this electric notice will be signed at the mediation session by all participants and the Mediator and returned to the ADR Administrator, Gerald P. Lepp, fax (718)613-2399. Contact information for the Mediator is: Usher T. Winslett, White Cap Group, LLC, 109 West 89th Street, # 6A, New York, NY 10024; telephone (917) 841-2865; fax (707) 549-4517; email address "usher@whitecapgroup.com". (Lepp, Gerald)
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Filing 29
SELECTION OF MEDIATOR Usher T. Winslett, Jr rep by Usher T. Winslett selected as MediatorReport of Mediation due by 3/8/2007. (Lepp, Gerald)
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Filing 28
SELECTION OF MEDIATOR (Woods, James)
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Filing 27
MEDIATION INSTRUCTIONS sent to Counsel. Attached are Letter of Instructions. By 1/19/06, Counsel are to select a Mediator, schedule the first mediation session, and electronically file (ECF) and confirm in writing to the ADR Administrator, Gerald P. Lepp, sent by FAX (718) 613-2399, the name of the Mediator and the date, time and place of the first mediation session. For a list of EDNY Mediators and their qualifications, see the Court's ADR website at www.nyed.uscourts.gov/adr. The Confidentiality Stipulation which is attached to this notice is to be signed at the mediation session by all participants, including the Mediator, and then sent by FAX (718) 613-2399 to the ADR Administrator. In Accordance with Administrative Order 2004-08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases (pro se cases are excluded (Lepp, Gerald)
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ORDER REFERRING CASE to Mediation.Selection of Mediator due by 12/26/2006.. Ordered by Judge Robert M. Levy on 12/12/06. (Levy, Robert)
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Minute Entry for proceedings held before Robert M. Levy: James Woods; Oscar Michelen; Andrew Bluestone, incoming counsel. Discovery schedule: completion of party depositions (plaintiffs 1/31/07) (defendants 2/28/07) by 2/28/07; completion of nonparty depositions by 2/28/07. Next conference 3/15/07 at 2:15 p.m (tel). Settlement discussions held. The court suggests possible parameters for a settlement. The case is ordered to MEDIATION, on a parallel track with the completion of discovery. Status Conference held on 12/12/2006. (Levy, Robert)
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ORDER granting #26 Motion to Withdraw as Attorney. Attorney Charles Eiss and Charles M. Eiss terminated, granting #24 Motion for Extension of Time to Complete Discovery. Ordered by JudgeRobert M. Levy on 10/16/06. (Levy, Robert)
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Minute Entry for proceedings held before Robert M. Levy: James Woods, plaintiff; Oscar Michelen, Klioners and Miami Sun; Charles Eiss, outgoing attorney for defendants; new counsel for Mr. Touretsky not present but, according to counsel, is expected to enter the case shortly. Mr. Eiss' motion to withdraw as attorney for all defendants is granted without objection. Discovery deadline extended to 11/30/06. Next conference 12/12/06 at 3:30. Status Conference held on 10/16/2006. (Levy, Robert)
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ORDER deferring ruling on #26 Motion to Withdraw as Attorney., deferring ruling on #24 Motion for Extension of Time to Complete Discovery. The motions will be addressed at the October 16 conference, at which time a new discovery schedule will be set. The conference will be held by telephone. Ordered by JudgeRobert M. Levy on 10/13/06. (Levy, Robert)
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Filing 26
MOTION to Withdraw as Attorney by all defendants. (Eiss, Charles)
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ORDER Re: #24 Motion for Extension of Time to Complete Discovery. The telephone conference scheduled for October 19, 2006 has been moved to Monday, October 16, 2006 at 4:30 p.m. before the Hon. Robert M. Levy, USMJ at (718) 613-2340. All counsel must be available. Plaintiff's counsel is requested to initiate conference call and confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Judge Robert M. Levy on 10/10/06.(Marino, Janine)
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Filing 25
NOTICE of Consent to Change Attorney by Oscar Michelen (Michelen, Oscar)
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Filing 24
Letter MOTION for Extension of Time to Complete Discovery by Gleb Klioner. (Michelen, Oscar)
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Filing 23
NOTICE of Consent to Change Attorney by Oscar Michelen for defts. Klioner and Miami Sun (Michelen, Oscar)
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ORDER re #22 Letter filed by Gelfman International Enterprises, Inc. - If defendant intends to change counsel, defendant is directed to file a motion for leave to change counsel on or before October 8, 2006, and to provide a report on the status of discovery by the same date, including an explanation of any noncompliance and a statement whether defendant will be in full compliance by October 19, 2006. SO ORDERED by Judge Robert M. Levy on 9/29/06. (Marino, Janine)
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Filing 22
Letter to Judge Levy by Gelfman International Enterprises, Inc.. (Woods, James)
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Filing 21
NOTICE by Gelfman International Enterprises, Inc. Rule 26(a)(1) Disclosure (Woods, James)
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Minute Entry for proceedings held before Robert M. Levy : James Woods, plaintiff; Charles Eiss, defendants. Discovery deadline: October 2, 2006. Next conference October 19, 2006 at 11:00 (tel).Status Conference held on 5/11/2006. (Levy, Robert)
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AMEDNED ORDER. This Order clarifies that the conference scheduled for tomorrow, May 11, 2006, will be held at 11:00 a.m., and not at 1:00 p.m., as mistakenly noted on the minute order from the previous conference. Ordered by Judge Robert M. Levy on 5/10/06. (Levy, Robert)
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Filing 19
ANSWER to Amended Complaint by Michael Touretsky.(Eiss, Charles)
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Filing 18
AMENDED COMPLAINT Amended Verified Complaint against all defendants, filed by Gelfman International Enterprises, Inc..(Woods, James)
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Minute Entry for proceedings held before Robert M. Levy : James Woods, Leslie Peter Chantos. Plaintiff will file amended complaint today. Defendants will then evaluate and answer or file an additional motion to dismiss. Scheduling order deferred until next conference, to be held 5/11/06 at 1:00.Status Conference held on 3/9/2006. (Levy, Robert)
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Filing 17
MEMORANDUM AND OPINION Defendants' motion for a change of venue is denied. Defendant's motion to dismiss count one of the complaint as against Gleb Klioner, Touretsky and the Choir and counts two and three in their entirety is granted. Plaintiff is granted leave to amend within thirty days of the date of this decision if it can do so within the strictures of Rule 11 of the Federal Rules of Civil Procedure. Ordered by Judge Charles P. Sifton on 2/8/2006. (Sifton, Charles)
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Filing 20
Minute Entry for proceedings held before Charles P. Sifton : Motion Hearing held on 2/8/2006 re #7 First MOTION to Change Venue filed by Marta Klioner,, Miami Sun International Corp.,, Gleb Klioner,, Michael Touretsky,, Choir of Michael Touretsky,, #6 First MOTION to Dismiss Plaintiff's Third Cause of Action filed by Marta Klioner,, Miami Sun International Corp.,, Gleb Klioner,, Michael Touretsky,, Choir of Michael Touretsky, Decision RESERVED. (Court Reporter Winnie Valentine & Fred Guerino.) (Jackson, Ramona)
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Motions terminated: #7 First MOTION to Change Venue filed by Marta Klioner,, Miami Sun International Corp.,, Gleb Klioner,, Michael Touretsky,, Choir of Michael Touretsky,, #6 First MOTION to Dismiss Plaintiff's Third Cause of Action filed by Marta Klioner,, Miami Sun International Corp.,, Gleb Klioner,, Michael Touretsky,, Choir of Michael Touretsky,, #8 First MOTION to Dismiss Plaintiff's Complaint filed by Marta Klioner,, Miami Sun International Corp.,, Gleb Klioner,, Michael Touretsky,, Choir of Michael Touretsky,.see document # 20 (Jackson, Ramona)
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Filing 16
REPLY to Response to Motion re #8 First MOTION to Dismiss Plaintiff's Complaint Reply to Plaintiff's Memroandum in Opposition to Defendants' Motion to Dismiss filed by all defendants. (Eiss, Charles)
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Motions terminated: #12 First MOTION for Extension of Time to File Response/Reply filed by Gelfman International Enterprises, Inc.,.. Ordered by Judge Charles P. Sifton on 1/17/06. (Jackson, Ramona)
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Filing 15
ORDER extension of time to Jan 23,2006 to respond to motion. On ltr. dtd. 1/12/06 from James Oeser-sweat. Ordered by Judge Charles P. Sifton on 1/17/06. (Jackson, Ramona)
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Filing 14
RESPONSE in Opposition re #6 First MOTION to Dismiss Plaintiff's Third Cause of Action, #8 First MOTION to Dismiss Plaintiff's Complaint filed by Gelfman International Enterprises, Inc.. (Attachments: #1 Affidavit Affirmation in Opposition)(Oeser-Sweat, Jamel)
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Filing 13
RESPONSE in Opposition re #7 First MOTION to Change Venue filed by Gelfman International Enterprises, Inc.. (Attachments: #1 Affidavit Affidavit in Opposition)(Oeser-Sweat, Jamel)
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Filing 12
First MOTION for Extension of Time to File Response/Reply by Gelfman International Enterprises, Inc.. (Oeser-Sweat, Jamel)
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Filing 11
Minute Entry for proceedings held before Robert M. Levy : Initial Conference Hearing held on 1/12/2006. Next conf. 3/9/06 @ 10:30 by telephone (Jackson, Ramona)
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Filing 10
Minute Entry for proceedings held before Robert M. Levy : Initial Conference Hearing held on 12/14/2005. Next conf. set for 3/9/06 @ 10:30 a.m. by telephone. Parties agree that Pltf. will respond to Defts.' motions on or before 1/10/06. Plaintiff's reply due 1/26/06. (Vaughn, Terry)
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Filing 9
Letter from Charles M. Eiss, Esquire to Court Regarding Motion to Appear Telephonically. (Eiss, Charles)
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Filing 8
First MOTION to Dismiss Plaintiff's Complaint by all defendants. (Eiss, Charles)
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Filing 7
First MOTION to Change Venue by all defendants. (Eiss, Charles)
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Filing 6
First MOTION to Dismiss Plaintiff's Third Cause of Action by all defendants. (Eiss, Charles)
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Filing 5
Marta Klioner's ANSWER to Complaint by Marta Klioner.(Eiss, Charles)
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Filing 4
ORDER granting #3 Motion for Leave to Appear Pro Hac Vice of CHARLES M. EISS. Ordered by JudgeCharles P. Sifton on 10/27/05. (Jackson, Ramona)
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Filing 3
MOTION for Leave to Appear Pro Hac Vice Receipt # 316336 by Marta Klioner, Miami Sun International Corp., Gleb Klioner, Michael Touretsky, Choir of Michael Touretsky. (Jackson, Ramona)
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ECF registration forms have been mailed so that all filings may be made electronically. ALL ACTIONS BEFORE THIS COURT are ECF matters. It is MANDATORY that you file all original documents electronically. From this point forward, original documents are REQUIRED to be filed electronically and forward a hard copy, labeled courtesy copy, to chambers. To avoid having your documents returned or chambers being notified of your non-compliance, please adhere to The Judges' Individual Rules of Chambers and Administrative Order 2004-08. Further information on ECF requirements and online ECF registration may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov.. (Jackson, Ramona)
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Filing 2
SCHEDULING ORDER:An initial conference has been scheduled for December 14, 2005 at 10:00 a.m., before the Honorable Robert Levy, United States Magistrate Judge, in Courtroom 619 at 225 Cadman Plaza East, Brooklyn, New York. All counsel must be present. Plaintiff's counsel is directed to confirm with defendant's counsel that all necessary participants are aware of this conference. Ordered by Judge Robert M. Levy on 8/18/05. (Marino, Janine)
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Filing 1
COMPLAINT against Marta Klioner, Miami Sun International Corp., Gleb Klioner, Michael Touretsky, Choir of Michael Touretsky $ 250, filed by Gelfman International Enterprises, Inc.. (Attachments: #1 Civil Cover Sheet)(Villanueva, William)
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Summons Issued as to Marta Klioner, Miami Sun International Corp., Gleb Klioner, Michael Touretsky, Choir of Michael Touretsky. (Villanueva, William)
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