Shukla v. Sharma et al
| Devendra Shukla |
| Sat Prakash Sharma, Geeta Sharma, Krishnan Chittur and Vishva Seva Ashram Of New York doing business as Sarva Dev Mandir |
| Vishva Seva Ashram Of New York |
| 1:2007cv02972 |
| July 23, 2007 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Carol Bagley Amon |
| Cheryl L Pollak |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 282 CLERK'S JUDGMENT directing that judgment is hereby entered in favor of Krishnan Chittur of Chittur & Associates, P.C., in the amount of $223,391.80; and that it is further, ORDERED and ADJUDGED that the remaining funds are released to attorneys for Defendants, Paykin, Richland & Falkowski, P.C., at 350 Fifth Avenue, 59th Floor, New York, NY 10118, in the amount of $14,750.24, which is to be returned to Defendants. Ordered by Janet Hamilton, Deputy Clerk on 1/6/2015. c/m to pro se defts with appeal pkg (Fernandez, Erica) |
Filing 281
MEMORANDUM & ORDER: Consistent with the mandate issued by the Second Circuit, the Clerk of Court is directed to amend the judgment dated January 4, 2013. The amended judgment against defendants and in favor of Chittur shall be in the amount of $222,723.61, plus post-judgment interest pursuant to 28 U.S.C. 1961 for the period January 4, 2013 to the date on which the Clerk of Court releases the funds currently on deposit in this case. The Clerk of Court is further ordered to release the funds previously deposited by the parties as follows: 1) The Clerk shall release $222,723.61 plus interest pursuant to 28 U.S.C. 1961, payable to Chittur & Associates, P.C., at 500 Executive Boulevard, Suite 305, Ossining, NY 10562; 2) After these funds have been released to Chittur, the Clerk shall release the remaining funds to attorneys for defendants, Paykin, Richland & Falkowski, P.C., at 350 Fifth Avenue, 59th Floor, New York, NY 10118, to be returned to defendants. Ordered by Chief Judge Carol Bagley Amon on 12/23/2014. (Chee, Alvin)
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| Filing 280 Letter Responding to December 3, 2014 Letter by Krishnan Chittur, Esq. by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Richland, Daniel) |
| Filing 279 REPLY in Support re #271 Letter MOTION for Release of Funds Proposed Order filed by Krishnan Chittur. (Attachments: #1 Proposed Order) (Chittur, Krishnan) |
| Filing 278 REPLY in Support re #271 Letter MOTION for Release of Funds Supplementary filing re 2nd Circuit ruling filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 277 Letter Responding to Krishnan Chittur's 3rd Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Richland, Daniel) |
| Filing 276 REPLY in Support re #271 Letter MOTION for Release of Funds filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 275 Letter Responding to 10/31/14 Reply of Krishnan Chittur by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Richland, Daniel) |
| Filing 274 REPLY in Support re #271 Letter MOTION for Release of Funds filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 273 Letter dated October 31, 2014 Opposing Chittur's Request for Release of Funds by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Richland, Daniel) |
| Filing 272 MANDATE of USCA as to #198 Notice of Appeal, filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. It is Ordered that the Judgment of the District Court is AFFIRMED in part and VACATED AND REMANDED in part. Issued as Mandate: 10/29/14. (McGee, Mary Ann) |
| Filing 271 Letter MOTION for Release of Funds by Krishnan Chittur. (Attachments: #1 Exhibit Order of Oct 10, 2014, #2 Exhibit Mandate from 2nd Circuit) (Chittur, Krishnan) |
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Filing 270
ORDER denying #269 Motion for Release of Funds: Application denied without prejudice. The mandate has not issued. The Court does not have jurisdiction to grant this request. Ordered by Chief Judge Carol Bagley Amon on 10/10/2014. (Fernandez, Erica)
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| Filing 269 Letter MOTION for Release of Funds by Krishnan Chittur. (Chittur, Krishnan) |
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Filing 268
ORDER of USCA as to #198 Notice of Appeal, filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. It is Ordered that the judgment of the District Court is AFFIRMED in part and VACATED AND REMANDED in part. Certified Copy of Order Issued: 10/07/14. PLEASE NOTE; THE MANDATE IN THIS CASE HAS NOT YET BEEN ISSUED. (McGee, Mary Ann)
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| Filing 267 CLERK'S JUDGMENT directing that the Court denies Defendants request for an indicative ruling pursuant to Rule 62.1 and the Rule 60(b) motion to vacate the Fee Order and Judgment. Ordered by Janet Hamilton, Deputy Clerk on 9/10/2014. c/m (Fernandez, Erica) |
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Filing 266
MEMORANDUM & ORDER: For the reasons stated above, the Court denies defendants' request for an indicative ruling pursuant to Rule 62.1 and denies the Rule 60(b) motion to vacate the Fee Order and Judgment. The Clerk of Court is directed to enter judgment accordingly. So Ordered by Chief Judge Carol Bagley Amon on 9/9/2014. (Lee, Tiffeny)
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| Minute Entry: Status conference held by telephone before Chief Judge Amon on 7/24/14 regarding settlement discussions. Appearances: For Plaintiff - Sanjay Chaubey. For Defendants - Daniel Richland. For Chittur & Assoc. - Andrey Strutinskiy. Counsel indicated that no settlement has been reached. Accordingly, the Court will issue a decision on defendants' motion to vacate. (Court Reporter Michele Nardone.) (Liberatore, Marie) |
| Minute Entry: Re: Motion #259 Oral argument held before Chief Judge Amon on 7/23/2014. DECISION RESERVED. Present: Sanjay Chaubey (Plaintiff), Daniel Richland (Defendants) and Andrey Strutinskiy (non-party Chitter & Associates) Parties are to discuss settlement options and call Chief Judge Amon's Chambers on July 24, 2014 at 3:00pm with update on settlement discussions. Counsel for defendants shall coordinate the call to chambers at 718-613-2410. (Court Reporter Michele Nardone.) (Liberatore, Marie) |
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Filing 265
ORDER granting #264 Motion for Daniel H. Richland, Esq., to Appear Pro Hac Vice for defendants Sat Prakash Sharma, Geeta Sharma, and Bishva Seva Ashram of New York. Ordered by Chief Judge Carol Bagley Amon on 7/14/2014. (Chee, Alvin)
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| Filing 264 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7064324. by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Richland, Daniel) |
| Filing 263 MEMORANDUM in Opposition re #261 First MOTION to Vacate #259 Letter Defendants' Motion to Vacate filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 262 AFFIDAVIT/DECLARATION in Opposition re #261 First MOTION to Vacate #259 Letter Defendants' Motion to Vacate filed by Krishnan Chittur. (Attachments: #1 Exhibit 1) (Chittur, Krishnan) |
| Filing 261 First MOTION to Vacate #259 Letter Defendants' Motion to Vacate by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Memorandum in Opposition Memorandum of Law in Opposition to Defendant's Motion to Vacate, #2 Memorandum in Support Reply Affirmation in Further Support of Defendants' Motion to Vacate) (Falkowski, Michal) |
| Filing 260 MEMORANDUM in Opposition TO DEFENDANTS MOTION UNDER RULE 60(b), FED. R. CIV. P. filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 259 Letter Cover Letter for Defendants' Motion to Vacate by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Falkowski, Michal) |
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RESCHEDULING ORDER: Oral argument currently set for July 11, 2014 before Chief Judge Amon is rescheduled to Wednesday, July 23, 2014 at 2:00pm in Courtroom 10 D. So Ordered by Chief Judge Carol Bagley Amon on 6/17/2014. (Liberatore, Marie)
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| Minute Entry for pre-motion conference held before Chief Judge Carol Bagley Amon on 6/10/2014. Counsel for defendants to supplement motion papers to include arguments addressing jurisdiction by June 17, 2014; Chittur's opposition due July 1, 2014; any reply due July 8, 2014. Motion should be electronically filed when fully briefed. Oral argument will be held on July 11, 2014 at 2 p.m. in Courtroom 10D S before Chief Judge Amon.(Court Reporter T. Mancuso.)(Cramer-Babycz, Laura) |
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NOTICE OF TIME CHANGE ONLY: Re: #253 #254 The time for the June 10, 2014 premotion conference to be held before Chief Judge Amn has been changed to 2:00pm in Courtroom 10D South. So Ordered by Chief Judge Carol Bagley Amon on 6/6/2014. (Liberatore, Marie)
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ORDER: Re #258 Motion to adjourn the premotion conference currently scheduled for May 21, 2014. APPLICATION GRANTED. The conference is adjourned to June 10, 2014 at 11:30am in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 5/16/2014. (Liberatore, Marie)
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| Filing 258 Letter MOTION to Adjourn Conference by Krishnan Chittur. (Chittur, Krishnan) |
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ORDER: re #257 Letter motion filed by Krishnan Chittur, Esq. to adjourn the premotion conference currently set for April 11, 2014. APPLICATION GRANTED. Premotion conference is rescheduled to Wednesday, May 21, 2014 at 2:00pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 4/9/2014. (Liberatore, Marie)
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| Filing 257 Letter MOTION to Adjourn Conference by Krishnan Chittur. (Chittur, Krishnan) |
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Filing 256
ENDORSED ORDER on document #255, granting application re: pltff's request to be recused from attending the 4/11/14 hearing. (Ordered by Chief Judge Carol Bagley Amon on 4/7/2014) (Galeano, Sonia)
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| Filing 255 Letter to Chief Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
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RESCHEDULING ORDER: Re: #253 #254 . The premotion conference currently set for February 28, 2014 is rescheduled to April 11, 2014 at 3:30pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 2/26/2014. (Liberatore, Marie)
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SCHEDULING ORDER: re #253 #254 A premotion conference will be held on Friday, February 28, 2014 at 3:30pm before Chief Judge Amon in Courtroom 10 D.So Ordered by Chief Judge Carol Bagley Amon on 1/27/2014. (Liberatore, Marie)
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| Filing 254 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 253 Letter MOTION for Leave to File Motion to Vacate the January 4, 2013 Judgment for Attorney's Fees by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Falkowski, Michal) |
| Filing 252 NOTICE of Appearance by Michal Falkowski on behalf of Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (notification declined or already on case) (Falkowski, Michal) |
| Minute Entry for status conference held before Chief Judge Carol Bagley Amon on 1/9/2014. Appearances: For Plaintiff - Sanjay Chaubey, Esq. For Defendants - Sat Sharma and Geeta Sharma (pro se). As stated on the record, defendants have agreed to arrange for their real estate attorney to speak to counsel for plaintiffs regarding the withdrawal of a $3 million judgment on the property to be sold. Counsel for plaintiffs will meet with Defendants to resolve the dispute regarding plaintiff's post-judgment interrogatories. Should the dispute remain unresolved, plaintiff's counsel is directed to seek a conference with Magistrate Judge Pollak. (Court Reporter Victoria Torres Butler.)(Hajjar, Tanya) |
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Filing 251
ORDER dismissing #250 Motion to Vacate. Defendants' motion is dismissed for failure to comply with this Court's individual rules requiring a pre-motion conference with the Court prior to filing any motions. To seek leave to file the motion to vacate, counsel for defendants may submit a letter setting forth the basis for the motion as well as this Court's jurisdiction to grant it. In addition, counsel for defendants should appear at the status conference in this action previously scheduled for January 9, 2014 at 10:30 a.m. in Courtroom 10D South. Ordered by Chief Judge Carol Bagley Amon on 1/7/2014.(Hajjar, Tanya)
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| Filing 250 Notice of MOTION to Vacate the January 4, 2013 Judgment for Attorneys' fees by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Falkowski, Michal) |
| Filing 249 STATUS REPORT (Filed by and on behalf of Mr. Pek ONLY) Final Status Report re: Proof of Payment/Satisfaction of Attorney Pek's $500 Sanction by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Pek, Matthew) |
| Filing 248 STATUS REPORT Filed by Matthew A. Pek, Submitted on His Own Behalf as Respondent to Contempt Order, Not on Behalf of Any Parties Hereto by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Pek, Matthew) |
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ORDER: re #248 Status Report filed by Matthew Pek, Esq. and request leave of the Court to extend his deadline to Friday, December 13, 2013 at 5:00pm to remit full payment of the $500 to the EDNY Clerk. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 12/9/2013. (copy mailed to Matthew Pek, Esq.) (Liberatore, Marie)
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| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon:Status Conference held on 11/25/2013. Appearances: For Plaintiff - Sanjay Chaubey, Esq. For Defendants - Sat Sharma and Geeta Sharma (pro se). Defendants' time to respond to plaintiff's post-judgment interrogatories is extended until December 20, 2013. Another status conference on this matter will be held on January 9, 2014 at 10:30 a.m. in Courtroom 10D South before Chief Judge Carol Bagley Amon.(Court Reporter Anthony Frisolone.)(Hajjar, Tanya) |
| Filing 247 INTERROGATORIES Propounded by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 246 INTERROGATORIES Propounded by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 245 INTERROGATORIES Propounded by Devendra Shukla. (Chaubey, Sanjay) |
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Filing 244
MEMORANDUM AND ORDER, Mr. Pek is ordered to pay sanctions in the amount of $500.00 payable to the Clerk of Court, to be deposited in the Eastern District Civil Litigation Fund, which provides funding for pro bono cases in this District. Mr. Pek shall file proof of this payment by 11/29/13. Ordered by Chief Judge Carol Bagley Amon on 10/31/2013. (Greene, Donna)
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| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon:Oral argument held on 10/24/2013 re #238 Plaintiff's motion for contempt. Appearances: For Plaintiff - Sanjay Chaubey, Esq. For Defendants - Sat Parkash Sharma and Geeta Sharma (pro se). Defendants counsel, Matthew A. Pek, Esq., did not appear and defendants indicated that they wished to proceed pro se. Counsel for plaintiff will revise any post-judgment interrogatories and will send them to Defendants by hard copy and email to the addresses specified by Defendants on the record, with a copy to the Court. Defendants must respond to the discovery requests within two weeks from the date they are received. A status conference on this matter will be held on November 25, 2013 at 4 p.m. in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Court Reporter Lisa Schwam.)(Hajjar, Tanya) |
| NOTICE OF TIME CHANGE ONLY: Re #238 Oral argument on October 24, 2013 time change only to 3:30pm in Courtroom 10D South before Chief Judge Amon. (Liberatore, Marie) |
| Filing 243 AFFIDAVIT/DECLARATION in Opposition re #238 MOTION for Extension of Time to File [REPLY AFFIRMATION OF COUNSEL IN RESPONSE TO COURT'S AUGUST 15, 2013 ORDER TO SHOW CAUSE filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Pek, Matthew) |
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SCHEDULING ORDER: Since defendants' counsel failed to appear on August 13, 2013, oral argument on plaintiff's motion for contempt is scheduled for October 24, 2013 at 2:00 p.m. in Courtroom 10D South before Chief Judge Carol Bagley Amon. So Ordered by Chief Judge Carol Bagley Amon on 9/11/2013.(Hajjar, Tanya)
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Filing 242
ORDER TO SHOW CAUSE: Counsel for defendants, Matthew Pek, Esq., is ordered to show cause by August 22, 2013 by written affirmation why he should not be held in contempt for failure to appear at a court-scheduled proceeding. So Ordered by Chief Judge Carol Bagley Amon on 8/15/2013.(Hajjar, Tanya)
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| Filing 241 MEMORANDUM in Opposition to Motion for Civil Contempt filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Supplement Table 1) (Pek, Matthew) |
| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon. Oral argument held on 8/13/2013 re #238 MOTION for Contempt filed by Devendra Shukla. Appearance for Plaintiff - Sanjay Chaubey, Esq. No appearance for defendants. Order to follow. (Hajjar, Tanya) |
| Filing 240 Letter dated 7/16/13 to the Clerk of the Court from Krishnan Chittur, Esq. in accordance with directions of the Hon. Carol B. Amon of June 27, 2013, enclosed is a check in the amount of $206,142.04. These funds should be held in an interest bearing account pending resolution of the appeal, and, if the appeal is denied/disallowed, returned to Chittur & Associates, P.C., thereafter at the above address with all accrued interest. (Fernandez, Erica) |
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Filing 239
ORDER re #212 Motion to Quash and #217 Motion for Reconsideration; On June 6, 2013, the Court issued an order directing defendants to submit a counseled memorandum of law in support of their motions by June 13, 2013. As defendants have failed to do so, the Court deems the motions withdrawn. Ordered by Chief Judge Carol Bagley Amon on 7/10/2013. (Fernandez, Erica)
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| Filing 238 MEMORANDUM in Support of Motion for Contempt filed by Devendra Shukla. (Attachments: #1 Declaration Sanjay Chaubey, #2 Exhibit A) (Chaubey, Sanjay) |
| Filing 237 NOTICE of Change of Address, Telephone, Fax by Krishnan Shanker Chittur (Chittur, Krishnan) |
| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon: Motion Hearing held on 6/27/2013 re 227 Emergency MOTION to Stay Enforcement of Fee Judgment Pending Appeal filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. As stated more fully on the record, the stay is granted upon fulfillment of the following conditions: Defendants shall have 7 days from the date of entry of this order to post a supersedeas bond in the amount of $32,000. In addition, if the funds already executed upon are transferred to Mr. Chittur, Mr. Chittur will in turn provide them to the Clerk of the Court to be held. Plaintiff Shukla is permitted to proceed with motions to compel discovery and for contempt as requested in D.E. # 213, 218 according to the following briefing schedule: Plaintiff to serve their motion and memorandum of law on 7/10/2013; Defendants' response to be served by 7/24/2013; any reply is due 7/30/2013. Oral argument on this motion will be held on August 13, 2013 at 2:00 p.m. in Courtroom 10D before Chief Judge Amon. Order on motions outstanding to follow. (Court Reporter Holly Driscoll.)(Hajjar, Tanya) |
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ORDER: re #236 Letter filed by Krishnan Chittur requesting defendants' motion be summarily denied and oral argument scheduled for June 26, 2013 be canceled. Letter applications for summary denial and for adjournment are DENIED. If Chittur & Associates wish to argue that this Court lacks jurisdiction, it may do so on June 26, 2012 at 2:00pm. So Ordered by Chief Judge Carol Bagley Amon on 6/25/2013. (Liberatore, Marie)
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| Filing 236 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 235 Letter to Judge Amon by Devendra Shukla (Attachments: #1 Exhibit Email from Attorney Pek) (Chaubey, Sanjay) |
| Filing 234 Letter dated 6/13/13 to Chief Judge Carol Bagley Amon from Rachi Sharma informing the Court of the damages and harm she is facing as a non-party witness on this case. (Fernandez, Erica) |
| Filing 233 Letter Request for Emergency Oral Argument by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Pek, Matthew) Modified on 6/14/2013 (Fernandez, Erica). |
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ORDER: re #233 Emergency Request for Oral Argument filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. The Court has previously denied interim relief because the defendants failed to make a showing for such relief. By this letter faxed to the Court at approximately 12:45pm today, the defendants seek reconsideration of that order and ask to be heard before 3:00pm. The Court's schedule will not permit the Court to hear argument in that time frame. The application is DENIED. So Ordered by Chief Judge Carol Bagley Amon on 6/14/2013. (Liberatore, Marie)
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| Filing 232 AFFIDAVIT/DECLARATION in Opposition re 227 Emergency MOTION to Stay Enforcement of Fee Judgment Pending Appeal filed by Krishnan Chittur. (Attachments: #1 Exhibit A) (Chittur, Krishnan) |
| Filing 231 MEMORANDUM in Opposition re 227 Emergency MOTION to Stay Enforcement of Fee Judgment Pending Appeal filed by Krishnan Chittur. (Chittur, Krishnan) |
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RESCHEDULING ORDER: Oral argument currently set for June 17, 2013 (stay of execution of the January 3, 2013 Fee Order) is rescheduled to June 26, 2013 at 2:00pm in Courtroom 10D South before Chief Judge Carol Bagley Amon. So Ordered by Chief Judge Carol Bagley Amon on 6/11/2013. (Liberatore, Marie)
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| Filing 230 Letter by Krishnan Chittur (Chittur, Krishnan) |
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Filing 229
ORDER TO SHOW CAUSE: The Court directs that Chittur show cause by Thursday, June 13, 2013 why a stay of execution of the January 3, 2013 Fee Order pending appeal pursuant to Fed. R. Civ. P. 62(d) should not issue. Oral argument will be held on Monday, June 17, 2013 at 10:00 a.m. Defendants are ordered to serve this Order to Show Cause on Chittur, together with all papers filed ex parte in support of their application for relief if defendants wish those papers to be considered by the Court. Moreover, by Thursday, June 13, 2013, defendants may submit a counseled memorandum of law in support of their motions to quash Chittur's subpoena (initially filed pro se by Sat Prakash Sharma, D.E. # 212) and for reconsideration of the Fee Order (initially filed pro se by Geeta Sharma D.E. # 217), and in opposition to Chittur's motion to (1) hold Sat Prakash Sharma in contempt for failing to comply with the subpoena, (2) to direct him to appear for a deposition and otherwise comply with the subpoena, and (3) to impose sanctions for his noncompliance, (D.E. # 214, 219). If Chittur wishes to further respond to these motions, he may do so by June 20, 2013. So Ordered by Carol Bagley Amon on June 6, 2013. (Banker, Michelle)
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| Filing 226 DECLARATION re #223 Order to Show Cause, In Further Support of Emergency OSC (Doc. Nos. 222-223) by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York, STATUS REPORT re: Chapter 13 Bankruptcy Action and Motion Docket Nos. 206, 208, 212, 217 by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Pek, Matthew) |
| Filing 225 REPLY in Support re #223 Order to Show Cause, Submitted Per Court Order dated May 23, 2013 (Doc. 223) filed by Vishva Seva Ashram Of New York, Sat Prakash Sharma, Geeta Sharma. (Pek, Matthew) |
| Filing 224 USCA Appeal Fees received $ 455.00 receipt number 4653059659 re #198 Notice of Appeal, filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York (McGee, Mary Ann) |
| First Supplemental Electronic Index to Record on Appeals. #198 Notice of Appeal, #224 Fee (McGee, Mary Ann) |
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Filing 223
ORDER TO SHOW CAUSE: Defendants are ordered to show cause by Monday, June 3, 2013, why this Court may grant the relief requested in their counseled request for emergency injunctive relief #222 , and whether they intend to proceed on the pro se motions filed under Docket Numbers #206 , #208 , #212 , and #217 . The Blanche Law Firm's motion to withdraw as counsel #209 is also granted. So Ordered by Chief Judge Carol Bagley Amon on 5/23/2013. (Banker, Michelle)
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| Matthew Adam Pek, Esq. You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. When considering submission of a hard copy to the assigned judge as a courtesy, please consult the judge's individual practice rules first, as some judges do not want or permit courtesy copies in some circumstances. Any permitted courtesy copy should be provided directly to the judge's chambers and not to the Clerk's office. (Fernandez, Erica) |
| Filing 222 RENEWED EMERGENCY ORDER TO SHOW CAUSE MADE PURSUANT TO FRCP 62(d) AND 65(b), FRAP 8 AND LOCAL CIVIL RULE 6.1, SEEKING TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION STAYING ENFORCEMENT OF JUDGMENT PENDING A FINAL OUTCOME OF PENDING APPEAL by Sat Prakash Sharma (Fernandez, Erica) (Main Document 222 replaced on 5/22/2013) (Fernandez, Erica). |
| Filing 221 Unsigned Emergency Order to Show Cause Pursuant to FRCP 62(d) and Temporary Restraining Order Staying Enforcement of Judgment Pending Appeal by Sat Prakash Sharma. (Fernandez, Erica) |
| Filing 220 NOTICE of Appearance by Matthew Adam Pek on behalf of Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (aty to be noticed) (Pek, Matthew) |
| Filing 219 RESPONSE to Motion re #217 MOTION for Reconsideration and Revisit Clerk's Judgment and Memorandum of Law and a Stay of Order on execution of judgment concerning the attorney fee disputes filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 218 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 217 MOTION for Reconsideration and Revisit Clerk's Judgment and Memorandum of Law and a Stay of Order on execution of judgment concerning the attorney fee disputes by Geeta Sharma. (Fernandez, Erica) |
| Filing 216 Letter dated 4/26/13 to Chief Judge Carol Bagley Amon from Sat Parkash advising the Court that the parties are willing to communicate with Mr. Sanjay Chaubey concerning the status of the sale of asset and are willing to move forward as the Court directs. (Fernandez, Erica) |
| Filing 215 AFFIDAVIT/DECLARATION in Opposition re #212 MOTION to Quash the subpoena issued by Chittur and Associates for improper service filed by Krishnan Chittur. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Chittur, Krishnan) |
| Filing 214 MEMORANDUM in Opposition re #212 MOTION to Quash the subpoena issued by Chittur and Associates for improper service filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 213 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 212 MOTION to Quash the subpoena issued by Chittur and Associates for improper service by Sat Prakash Sharma. (Fernandez, Erica) |
| Filing 210 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 209 First MOTION to Withdraw as Attorney by Geeta Sharma. (Blanch, Ryan) |
| Filing 211 Letter dated 4/10/13 from Geeta Sharma, Sat Parkash, and Vishva Seva Ashram of NY informing the Court that they would like to proceed pro se in the matter concerning Krishnan Chittur of Chittur and Associates. (Fernandez, Erica) |
| Filing 208 Letter dated 4/8/13 to Chief Judge Carol Bagley Amon from Geeta Sharma requesting immediate attention in helping secure a mediation session with Mr. Krishnan Chittur. (Fernandez, Erica) |
| Filing 207 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 206 Letter dated 3/29/13 to Chief Judge Carol Bagley Amon from deft Geeta Sharma requesting an immediate mediation session with Krishnan Chittur of Chittur and Associates. (Fernandez, Erica) |
| Filing 205 CERTIFICATE OF SERVICE, re: Writ of Execution served upon JP Morgan Chase on 3/1/13, filed by Devendra Shukla. (Galeano, Sonia) |
| Filing 204 CLERK'S JUDGMENT directing that the Court approves the settlement amount as set forth in theJanuary 28, 2013 letter; and that judgment is hereby entered in favor of Plaintiff Devendra Shukla for a total of $400,000.00, with $200,000.00 to be paid up front and the remaining $200,000.00 to be paid over five (5) years and secured by property of the Defendants Sat Prakash Sharma, individually and as Director of Visha SevaAshram of New York, Geeta Sharma, individually and as Director of Visha Seva Ashram of New York, andVisha Seva Ashram of New York doing business as Sarva Dev Mandir. Ordered by Michele Gapinski, Chief Deputy for Operations on 3/11/2013. c/m with appeal pkg (Fernandez, Erica) |
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Filing 203
MEMORANDUM AND ORDER: At a status conference on March 1, 2013, this Court informed the parties that it would enter judgment on this settlement amount absent any indication that a new agreement had been reached by Friday, March 8, 2013. The parties have not reached a new agreement; therefore, the Court hereby approves the settlement amount as set forth in the January 28, 2013 letter. The Clerk of Court is directed to enter judgment accordingly. Ordered by Chief Judge Carol Bagley Amon on 3/8/2013. (fwd for judgment) (Fernandez, Erica)
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| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon:Status Conference held on 3/1/2013. For plaintiff -- Sanjay Chaubey. For defendants -- Edward McQuat and Richard Langweber. On March 8, 2013 the Court will enter judgment on the settlement amount submitted to the Court by letter dated January 28, 2013 #196 . (Court Reporter Allan Sherman.) (Banker, Michelle) Modified on 3/1/2013 (Fernandez, Erica). |
| Filing 202 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Attachments: #1 Exhibit) (Blanch, Ryan) |
| Filing 201 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
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SCHEDULING ORDER: The telephone status conference currently set for March 1, 2013 at 10:30am has been rescheduled to March 1, 2013 at 4:00pm (Note: Time Change Only) before Chief Judge Amon. (Liberatore, Marie)
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| NOTICE OF TELEPHONE CONFERENCE: A status conference will be held by telephone on March 1, 2013 at 10:30 AM. Mr. McQuat is directed to coordinate the conference call to chambers (718) 613-2410. (Banker, Michelle) |
| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon:Status Conference held on 2/21/2013. For Plaintiff -- Sanjay Chaubey. For Defendants -- Richard Langweber. Another status conference will be held on March 1, 2013 at 10:30 AM. (Court Reporter Judi Johnson.) (Banker, Michelle) |
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SCHEDULING ORDER: Re #199 and #200 . A telephone conference will be held on Thursday, February 21, 2013 at 5:00pm before Chief Judge Amon. Mr. McQuat is directed to coordinate the conference call to chambers (718) 613-2410. So Ordered by Chief Judge Carol Bagley Amon on 2/13/2013. (Liberatore, Marie)
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| Filing 200 Letter Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 199 Second MOTION for Extension of Time to File Settlement Agreement by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
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ORDER: re #197 Letter request filed by Devendra Shukla with consent to extending time to file complete settlement agreement to February 8, 2013. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 2/1/2013. (Liberatore, Marie)
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| Filing 198 NOTICE OF APPEAL as to #194 Clerk's Judgment,, #193 Memorandum & Opinion, by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. No fee paid. Edward J. McQuat Esq. notified by telephone today 4:31 PM that fee of $455.00 was due. Service done electronically.(Blanch, Ryan) Modified on 2/1/2013 (McGee, Mary Ann). |
| Filing 197 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| APPEAL FILING FEE DUE re #198 Notice of Appeal, Please either come to the clerks office or mail the filing fee in the amount of $455.00. (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #198 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) |
| Filing 196 STATUS REPORT Settlement Agreement by Sat Prakash Sharma (Blanch, Ryan) |
| Minute Entry for proceedings held before Chief Judge Carol Bagley Amon: Status Conference held on 1/25/2013. For plaintiff -- Sanjay Chaubey; for defendant -- Richard Langweber. The parties have indicated that they reached a settlement. The parties are directed to submit a letter to the Court no later than Monday, January 28, 2013 at 11:00 AM outlining the terms of the settlement. The parties are directed to file a complete settlement agreement by Friday, February 1, 2013. So Ordered by Carol Bagley Amon. (Court Reporter Ronald Tolkin.) (Banker, Michelle) |
| NOTICE OF STATUS CONFERENCE: Current counsel for both parties are ordered to appear by telephone for a status conference tomorrow, Friday, January 25, 2013 at 3:30 PM regarding settlement negotiations. Plaintiff's counsel is directed to coordinate the call and contact chambers. So Ordered by Carol Bagley Amon on January 24, 2013.(Banker, Michelle) |
| Filing 195 Mail Returned as Undeliverable. Judgment and Appeals Packet sent to Krishnan Shanker Chittur, Chittur & Associates, P.C., The Lincoln Building, 60 East 42nd Street, Suite 1501, NY, NY 10165. Postal Notation: "Return to Sender, attempted - not known, unable to forward." (Fernandez, Erica) |
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Filing 194
CLERK'S JUDGMENT directing that judgment is hereby entered in favor of Chittur & Associates, P.C. and against Defendants Sat Prakash Sharma, individually and as Director of Visha Seva Ashram of New York, Geeta Sharma, individually and as Director of Visha Seva Ashram of New York, and Visha Seva Ashram of New York doing business as Sarva DevMindir, jointly and severally, in the amount of $238,803.61. Ordered by Chief Judge Carol Bagley Amon on 1/4/2013. c/m with appeal pkg (Fernandez, Erica)
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Filing 193
MEMORANDUM AND ORDER: The Clerk of Court is directed to enter judgment against defendants and in favor of Chittur in the amount of $179,615.82, plus interest at a rate of 2 percent per month on that total from January 7, 2011, as well as an additional $16,080 for litigating this fee application. Ordered by Chief Judge Carol Bagley Amon on 1/3/2013. (fwd for judgment) (Fernandez, Erica)
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Minute Entry for proceedings held before Chief Judge Carol Bagley Amon:Status Conference held on 1/3/2013. Unless the parties are able to reach a settlement beforehand, a trial on punitive damages will be held on Monday, January 28 at 2:30 PM in Courtroom 10D South. The parties may request a settlement conference before Magistrate Judge Cheryl Pollak if they wish to settle prior to the trial date. So Ordered by Chief Judge Carol Bagley Amon. (Court Reporter Anthony Mancuso.) (Banker, Michelle)
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Filing 192
ORDER granting #191 Motion to Adjourn Conference. In person conference rescheduled for January 3, 2013 at 2:30 pm. So Ordered by Chief Judge Carol Bagley Amon on 12/20/2012. (Banker, Michelle)
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| Filing 191 First MOTION to Adjourn Conference by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
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NOTICE of STATUS CONFERENCE: Pursuant to defendants' letter dated November 30, 2012 #190 , the parties are ordered to appear for a status conference on December 20, 2012 at 3:30 pm in Courtroom 10D South. So Ordered by Chief Judge Carol Bagley Amon. (Banker, Michelle)
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| Filing 190 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Blanch, Ryan) |
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STATUS REPORT ORDER: The parties are directed to apprise the Court of the current status of settlement negotiations. The parties should coordinate to submit one Status Report to the Court by 11/30/2012. So Ordered by Chief Judge Carol Bagley Amon on 11/16/2012. (Banker, Michelle)
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| Filing 189 AFFIDAVIT/DECLARATION in Support re #150 MOTION for Attorney Fees and Expenses filed by Krishnan Chittur. (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) (Chittur, Krishnan) |
| Filing 188 MEMORANDUM in Support re #184 Order on Motion for Attorney Fees, Order on Motion for Leave to File,,,,,,,,,, filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 187 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/6-10/2010, before Judge Amon. 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 11/8/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/16/2013. (Attachments: #1 Transcript, #2 Transcript, #3 Transcript, #4 Transcript) (Frisolone, Anthony) |
| Filing 186 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 185 MEMORANDUM in Opposition to Krishnan Chittur's Motion for Attorney's Fees filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit EXH A1-A4, Disputed Time Entries, #2 Exhibit EXH B, Andrei Strutinskiy's Time Report, #3 Exhibit EXH C, Expenses) (Blanch, Ryan) |
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Filing 184
ORDER re #150 and #159 : Additional briefing is needed on the issue of the underlying fee dispute. Defendants are directed to (1) detail their contentions with respect to the time sheets, expense sheets, and invoices proffered by Chittur; (2) address whether Chittur has established an account stated under New York state law; and (3) raise any additional contentions related to their alleged obligation to pay attorney's fees to Chittur. Moreover, although the Court is satisfied of its jurisdiction over the fee dispute under Itar-Tass v. Russian Kurier, 104 F.3d 442 (2d Cir. 1998), see also Lyndonville v. Lussier, 211 F.3d 697, 704 (2d Cir. 2000); In re MTBE Products Liability Litigation, 510 F. Supp. 2d 299, 323 (S.D.N.Y. 2007), it will permit defendants to submit limited briefing setting forth specific additional authority on that issue. Defendants' submissions shall be due on or before October 12, 2012. Chittur may submit a reply to this submission on or before October 26, 2012. Lastly, neither party has provided the Court with a copy of the retainer agreement between the parties. Chittur is directed to provide a copy of the agreement on or before October 26, 2012. In light of this order, the status conference currently scheduled for 10/4/12 is no longer necessary and is hereby canceled. (As per chambers, #150 to be renewed upon filing of supplemental briefing). Ordered by Chief Judge Carol Bagley Amon on 9/21/2012. (Fernandez, Erica)
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| Minute Entry: Status conference held on 9/7/2012 to discuss the status of settlement negotiations before Chief Judge Amon. Appearances: For Plaintiff - Sanjay Chaubey. For Defendants - Krishnan Chittur (former defense attorney) and Edward McQuat (current counsel with The Blanch Law Firm), Richard Langweber. The parties shall submit settlement papers by September 24, 2012. Former defense counsel Krishnan Chittur and current defense counsel are directed to appear for a status conference on attorney's fees on October 4, 2012 at 2:00pm in Courtroom 10 D. (Court Reporter Gene Rudolph.) (Liberatore, Marie) Modified on 9/7/2012 to correct typographical error (Fernandez, Erica). |
| Filing 183 AMENDED MANDATE of USCA as to #175 Notice of Appeal, filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. It is Ordered that the appeal is dismissed effective 6/1/12 for failure to either pay the docket fee in full or move for IFP. Issued as Mandate: 8/20/12. Please note: This Mandate is amended to remove Krishnan Chittur as an Appellant in the caption of the Mandate. (McGee, Mary Ann) |
| Filing 182 MANDATE of USCA as to #175 Notice of Appeal, filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. It is Ordered that the appeal is dismissed effective 6/1/12 for failure to pay the fee in full or move for IFP. Issued as Mandate: 8/16/12. (McGee, Mary Ann) |
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ORDER: re #181 Motion to adjourn status conference currently set for August 9, 2012. APPLICATION GRANTED. The status conference is adjourned to Friday, September 7, 2012 at 2:00pm and it will be held by telephone. Krishnan Chittur, Esq. is directed to coordinate the call to chambers 718-613-2410. So Ordered by Chief Judge Carol Bagley Amon on 8/8/2012. (Liberatore, Marie)
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| Filing 181 First MOTION to Adjourn Conference by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
| NOTICE OF STATUS CONFERENCE: A status conference is set for 8/9/2012 at 2:00 PM in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Liberatore, Marie) |
| Filing 180 Letter by Krishnan Chittur (Chittur, Krishnan) |
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ORDER: re #178 #179 . Letters filed on behalf of plaintiff and defendants. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 4/6/2012. (Liberatore, Marie)
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| Filing 179 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 178 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Blanch, Ryan) |
| Minute Entry: Status conference held before Chief Judge Carol Bagley Amon on 3/21/12. Appearances: For Plaintiff - Sanjay Chaubey. for Defendants - Edward McQuat and Richard Langweber (The Blanch Law Firm, P.C.). The parties shall update the Court on the status of this case and their plan to proceed on or before April 4, 2012. (Court Reporter Charisse Kitt.) (Liberatore, Marie) |
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ORDER: The status conference before Chief Judge Amon is rescheduled to Wednesday, March 21, 2012 at 3:30P.M. in Courtroom 10 D. So Ordered by Chief Judge Carol Bagley Amon on 3/20/2012. (Liberatore, Marie)
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ORDER: re #177 Letter filed by Krishnan Chittur. APPLICATION GRANTED. Counsel is excused. So Ordered by Chief Judge Carol Bagley Amon on 3/20/2012. (Liberatore, Marie)
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| Filing 177 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 176 First MOTION to Adjourn Conference by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
| NOTICE OF RESCHEDULING OF STATUS CONFERENCE: The status conference currently set for April 19, 2012 is rescheduled to Tuesday, March 20, 2012 at 3:00P.M. before Chief Judge Amon in Courtroom 10 D. (Liberatore, Marie) |
| Filing 175 NOTICE OF APPEAL as to #168 Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Order on Motion to Vacate,,, #139 Clerk's Judgment by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. Appeal Record due by 3/27/2012. (Blanch, Ryan) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #175 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) |
| NOTICE re #175 Notice of Appeal. Please come or send your filing fee to the Clerk's Office. (McGee, Mary Ann) |
| Filing 174 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Blanch, Ryan) |
| NOTICE OF STATUS CONFERENCE: Re: #171 #172 #173 #174 . A status conference will be held on April 19, 2012 at 10:00am before Chief Judge Amon in Courtroom 10 D. (Liberatore, Marie) |
| Filing 173 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 172 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Blanch, Ryan) |
| Filing 171 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
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Filing 170
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court hereby adopts the Magistrate Judge's recommendation that defendants be awarded $17,807.03 in attorneys' fees and costs. No judgment shall issue at this time. Defendants are ordered to show cause on or before March 8, 2012 why the Court should not, consistent with plaintiff's request, apply this award as an offset to the judgment after trial. Ordered by Chief Judge Carol Bagley Amon on 2/23/2012. (Amon, Carol)
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Filing 169
ORDER: Plaintiff is hereby ordered to advise the Court as to whether it accepts the remitted punitive damage award on or before 3/2/12; Plaintiff filed an opposition to this motion on 1/24/12, which is incorrectly docketed as a motion #166 . Because the Court has now resolved defendants' post-trial motions, the motion to stay discovery #165 and plaintiff's responsive "motion" #166 are denied and hereby terminated. Lastly, plaintiff filed a motion requesting a writ of execution on the judgment issued after trial #167 . Because this judgment will be either amended or vacated as a result of the remittitur, that motion is also denied and hereby terminated. Ordered by Chief Judge Carol Bagley Amon on 2/15/2012. (Fernandez, Erica)
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Filing 168
ORDER denying #148 Motion for Judgment as a Matter of Law; granting in part and denying in part #148 Motion for New Trial; denying #148 Motion to Vacate. All motions are denied except with respect to the punitive damage award. With respect to the punitive damage award, the Court orders conditional remittitur. If the Plaintiff does not accept the remitted award, the Court will order a new trial on punitive damages. Ordered by Chief Judge Carol Bagley Amon on 2/14/2012. (Amon, Carol)
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| Filing 167 First MOTION for Writ of Execution by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 166 First MOTION to Stay Opposition Memorandum of Law by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 165 First MOTION to Stay re #162 Interrogatories Propounded, #164 Letter, Order on Motion to Stay, #139 Clerk's Judgment by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
| Filing 164 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
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ORDER: re: #163 Defendants' motion to stay the execution of the judgment. Defendants must file a formal motion for a stay if they request it. This letter is not sufficient. So Ordered by Chief Judge Carol Bagley Amon on 12/28/2011. (Liberatore, Marie)
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| Filing 163 First MOTION to Stay re #162 Interrogatories Propounded by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
| Filing 162 INTERROGATORIES Propounded by Devendra Shukla. (Attachments: #1 Interrogatories and Request for Production, #2 Interrogatories and Request for Production) (Chaubey, Sanjay) |
| Filing 161 Letter by Krishnan Chittur (Chittur, Krishnan) |
| Filing 160 RESPONSE in Opposition re #159 First MOTION for Leave to File Response to Chittur & Associates' Memorandum of Law in Further Support of Motion for Attorney's Fees and Costs filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 159 First MOTION for Leave to File Response to Chittur & Associates' Memorandum of Law in Further Support of Motion for Attorney's Fees and Costs by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
| Filing 158 REPLY to Response to Motion re #148 First MOTION for Judgment as a Matter of LawFirst MOTION for New TrialFirst MOTION to Vacate filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
| Filing 157 MEMORANDUM in Support re #150 MOTION for Attorney Fees and Expenses filed by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 156 AFFIDAVIT/DECLARATION in Support re #148 First MOTION for Judgment as a Matter of LawFirst MOTION for New TrialFirst MOTION to Vacate affidavit, MEMORANDUM in Opposition Rule 50 & 59 filed by Devendra Shukla. (Attachments: #1 Affidavit plaintiff) (Chaubey, Sanjay) |
| Filing 155 REPLY in Opposition re #150 MOTION for Attorney Fees and Expenses, RESPONSE in Opposition re #150 MOTION for Attorney Fees and Expenses, MEMORANDUM in Opposition re #150 MOTION for Attorney Fees and Expenses filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
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ORDER: re #153 . Letter request dated February 8, 2011 filed by Krishnan Chittur, Esq. If the law firm of Chittur and Associates is seeking to strike a filing in this action, it must make a formal motion to do so accompanied by a memo of law establishing standing to do so and supporting the substantive relief requested. In the unlikely event that a hearing is necessary on the truth of the allegations, the firm will be given an opportunity to be heard. So Ordered by Judge Carol B. Amon on 2/10/2011. (Liberatore, Marie)
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| Filing 154 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 3, 2010, before Judge Amon. 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) |
| Filing 153 Letter MOTION to Strike #148 First MOTION for Judgment as a Matter of LawFirst MOTION for New TrialFirst MOTION to Vacate by Krishnan Chittur. (Chittur, Krishnan) |
| Filing 152 Letter by Krishnan Chittur (Attachments: #1 Exhibit 1) (Chittur, Krishnan) |
| Filing 151 AFFIDAVIT/DECLARATION in Support re #150 MOTION for Attorney Fees and Expenses filed by Krishnan Chittur. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Chittur, Krishnan) |
| Filing 150 MOTION for Attorney Fees and Expenses by Krishnan Chittur. (Chittur, Krishnan) |
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Filing 149
ORDER. On January 27, 2011, the Court received defendants' motions for judgment as a matter of law, and/or a new trial and reduced damages. Defendants are directed to submit a response by February 17, 2011. Ordered by Judge Carol B. Amon on 2/3/2011. (Siegfried, Evan)
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| Filing 148 First MOTION for Judgment as a Matter of Law, First MOTION for New Trial, First MOTION to Vacate by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Supplement Supporting exhibits will be filed as hard copies. Apologies to the Court.) (Blanch, Ryan) |
| Filing 147 Letter Notice of Post-Trial Motion for Judgment as a Matter of Law, Motion for a New Trial, and Motion to Vacate Damages Award by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Blanch, Ryan) |
| Filing 146 BILL OF COSTS by Devendra Shukla (Attachments: #1 page 1, #2 page 2) (Chaubey, Sanjay) |
| Filing 145 BOND posted by Devendra Shukla, BILL OF COSTS by Devendra Shukla (Attachments: #1 page 2 bill of cost) (Chaubey, Sanjay) |
| Filing 144 REPLY to Response to Motion re #141 First MOTION for Extension of Time to File Post-Verdict Motions for judgment as a matter of law and for a new trial filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
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ORDER: re #141 Defendants' request to extend the time of filing post-verdict motions until January 27, 2011 is GRANTED. So Ordered by Judge Carol B. Amon on 1/13/2011. (Liberatore, Marie)
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ORDER: re #142 [142-1][142-2] Letter dated January 12, 2011 filed by Chittur & Associates, P.C. Application to withdraw as counsel pursuant to Rule 1.4 is GRANTED. If counsel cannot resolve the fee dispute with the defendants, he must file a formal motion for the fees with time records. So Ordered by Judge Carol B. Amon on 1/13/2011. (Liberatore, Marie)
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| Filing 143 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 142 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Attachments: #1 Affidavit, #2 Exhibit 1) (Chittur, Krishnan) |
| Filing 141 First MOTION for Extension of Time to File Post-Verdict Motions for judgment as a matter of law and for a new trial by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Blanch, Ryan) |
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ORDER: re #133 Letter dated 12/24/2010 filed by Plaintiff Devendra Shukla. If the plaintiff wishes to make a motion in proper form and with appropriate citation to case law, he may do so. This letter does not constitute a proper motion. So Ordered by Judge Carol B. Amon on 12/28/2010. (Liberatore, Marie)
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| Filing 139 CLERK'S JUDGMENT in favor of Devendra Shukla against Sat Prakash Sharma, Geeta Sharma and Vishva Seva Ashram Of New York. Ordered by Robert C. Heinemann, Clerk of Court by Vanessa Holley, Deputy Clerk on 12/30/10. (Lee, Tiffeny) |
| Filing 136 Letter in Opposition to Plaintiff's Request for an Injunction by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Blanch, Ryan) |
| Filing 135 NOTICE of Appearance by Ryan Gordon Blanch on behalf of Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (notification declined or already on case) (Blanch, Ryan) |
| Filing 134 NOTICE of Appearance by Ryan Gordon Blanch on behalf of Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (aty to be noticed) (Blanch, Ryan) |
| Filing 133 Letter by Devendra Shukla (Chaubey, Sanjay) |
| Filing 132 OBJECTION to #127 Report and Recommendations filed by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 140 COURT EXHIBIT 6. (Lee, Tiffeny) (McGee, Mary Ann). |
| Filing 138 JURY VERDICT (Court Exhibit 2). (Lee, Tiffeny) |
| Filing 137 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial completed on 12/15/2010. Deliberations continue and conclude. See document for findings. (Court Reporter Anthony Frisolone) (Lee, Tiffeny) |
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Filing 131
ORDER of Sustenance; Ordered by Judge Carol B. Amon on 12/15/2010. (Lee, Tiffeny)
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Filing 127
REPORT AND RECOMMENDATIONS re #56 , #60 . Pursuant to the adoption #57 of this Court's earlier Report and Recommendation #51 , defendants were granted attorneys' fees as a sanction for the plaintiff's spoliation of evidence. The Court now respectfully recommends that plaintiff be Ordered to pay attorneys' fees and costs to defendants in the amount of $17,807.03. This number represents $17,002.30 in attorneys' fees plus $804.73 in costs, as explained in detail herein. Objections to R&R due by 1/3/2011. SO Ordered by Magistrate Judge Cheryl L. Pollak on 12/15/2010. (Berger, Melissa)
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| Filing 130 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/14/2010. Summations continued. Jury charged. Deliberations held. (Court Reporter Lisa Schmid) (Lee, Tiffeny) |
| Filing 129 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/13/2010. Counsel for all sides present. Testimony continues. Defendant rests. Rebuttal testimony heard. Summations held. Charging conference held. Trial continued to 12/14/2010 @ 9:30 a.m. (Court Reporter Lisa Schmid) (Lee, Tiffeny) |
| Filing 124 TRIAL BRIEF Re Defamation Per Se by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 128 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/10/2010. Testimony. Trial continues 12/13/2010 @ 9:30 a.m. (Court Reporter Anthony Frisolone) (Lee, Tiffeny) |
| Filing 123 Draft Verdict Sheet. (Amon, Carol) |
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Filing 122
ORDER of Sustenance. Ordered by Judge Carol B. Amon on 12/10/2010. (Lee, Tiffeny)
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| Filing 126 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/9/2010. Witness testimony. Plaintiff rests. Trial continued to 12/10/2010 @ 9:30 a.m. (Court Reporter Anthony Frisolone) (Lee, Tiffeny) Modified on 12/16/2010 (Lee, Tiffeny). |
| Filing 125 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/8/2010. Counsel for all sided present. Testimony heard. Trial adjourned to 12/9/20101 @ 9:30. (Court Reporter Anthony Frisolone) (Lee, Tiffeny) Modified on 12/16/2010 (Lee, Tiffeny). |
| Filing 121 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/7/2010. Trial continued to 12/8/2010 @ 9:30 a.m. (Court Reporter Anthony Frisolone) (Lee, Tiffeny) (Main Document 121 replaced on 12/10/2010) (Lee, Tiffeny). |
| Filing 120 Minute Entry for proceedings held before Judge Carol B. Amon:Jury Trial held on 12/6/2010. Jurors sworn. Trial commenced. Trial continued to 12/7/2010 @ 9:30 a.m. (Court Reporter Anthony Frisolone) (Lee, Tiffeny) |
| Filing 119 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Jury Selection held on 12/6/2010. Jury empaneled. (Lee, Tiffeny) |
| Filing 118 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 117 Proposed Jury Instructions by Devendra Shukla (Chaubey, Sanjay) |
| Filing 116 Minute Entry: Pretrial conference held before Judge Amon on 12/3/2010.Plaintiff to provide Court and opposing counsel with copy of R-1 visa form from 2001. Parties agree to statement of claims proposed by the Court to be read prior to voir dire. Parties to consider whether alleged defamatory statements involved matters of public or private concern. (Court Reporter Holly Driscoll.) (Liberatore, Marie) |
| Filing 115 Proposed Voir Dire by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| NOTICE OF FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for Friday, 12/3/2010 at 10:00 AM before Judge Carol B. Amon in Courtroom 10 D. (Liberatore, Marie) |
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ORDER: re #114 Letter filed by Defendants requesting the Court to enter an order endorsing the change in return date of the subpoena. Trial was rescheduled to December 6, 2010. Witnesses who were subpoenaed for the earlier date should be notified of the new date and should appear on the rescheduled date. So Ordered by Judge Carol B. Amon on 11/29/2010. (Liberatore, Marie)
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| Filing 114 Letter Re Trial Subpoenas by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Attachments: #1 Exhibit A) (Chittur, Krishnan) |
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SCHEDULING ORDER: This matter has been referred to the undersigned for jury selection. Jury selection will be held on Monday, December 6, 2010 at 9:15 a.m. in Courtroom 10D. Any proposed voir dire questions should be filed electronically by the close of business on Wednesday, December 1, 2010. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/15/2010. (Toritto, Jim)
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| Filing 113 Minute Entry: Status conference held by telephone before Judge Amon.Jury Selection and Trial rescheduled to December 6, 2010 at 9:30am before Judge Amon in Courtroom 10 D. (Court Reporter Marsha Diamond.) (Liberatore, Marie) |
| NOTICE OF STATUS CONFERENCE BY TELEPHONE: A status conference will be held by telephone on September 17, 2010 at 10:30am before Judge Amon. Plaintiff's counsel is directed to coordinate the call to chambers 718-613-2410. (Liberatore, Marie) |
| Minute Entry: Pretrial conference held before Judge Amon on 9/10/10. Appearances:For plaintiff: Sanjay Chaubey. For defendant: Krishnan Chittur.Jury selection and trial set for September 27, 2010. (Liberatore, Marie) |
| Filing 112 Letter to Judge Pollack by Devendra Shukla (Chaubey, Sanjay) |
| Filing 111 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
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Filing 110
ORDER regarding defendants' #70 Motion in Limine. Ordered by Judge Carol B. Amon on 8/16/2010. (Lee, Tiffeny)
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ORDER: re #107 Letter filed by Devendra Shukla requesting a premotion conference. Application for premotion conference is DENIED. There is no necessity for such a conference. So Ordered by Judge Carol B. Amon on 8/10/2010. (Liberatore, Marie)
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| Filing 109 Letter Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 108 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 107 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 106 Proposed Pretrial Order Revised And Stipulated by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Attachments: #1 Appendix SCHEDULE OF EXHIBITS, #2 Appendix Cover Letter) (Chittur, Krishnan) |
| Filing 105 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 104 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 103 Letter to Chittur by Devendra Shukla (Chaubey, Sanjay) |
| Filing 102 Minute Entry: Status conference held before Judge Amon on July 14, 2010. No later than Friday, July 16, 2010, plaintiff to file letter copied to the Court, indicating what stipulated facts contained in the draft pretrial order plaintiff agrees to and what facts plaintiff does not agree to. Plaintiff to file list of objections to defendants exhibits listed in draft pretrial order by Friday, July 23, 2010, copied to the Court. Defendant to provide plaintiff with excerpts of proposed DVD exhibits by July 30, 2010. Joint pretrial order to be filed by August 6, 2010. Plaintiff to include narrative of expected witness testimony. Pretrial conference scheduled for September 10, 2010 at 3:30pm in Courtroom 10 D.(Court Reporter Ronald Tolkin.) (Liberatore, Marie) |
| Filing 101 Minute Entry for proceedings held before Judge Carol B. Amon: Status Conference held on 7/8/2010. Conference rescheduled for 5:00 p.m. on July 14, 2010. (Court Reporter Mickey Brymer.) (Abdallah, Fida) |
| Filing 100 Letter to Judge Amon by Devendra Shukla (Attachments: #1 Exhibit Email) (Chaubey, Sanjay) |
| Filing 99 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 98 Letter Re. Revised Joint Pre-Trial Order by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 97 Proposed Pretrial Order Revised by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Attachments: #1 Exhibit) (Chittur, Krishnan) |
| Filing 96 Minute Entry for proceedings held before Judge Carol B. Amon: Status Conference held on 6/21/2010. Parties to submit a revised pre-trial order by July 6, 2010. Trial is scheduled for 9/13/10, at 9:30. The Court ruled that evidence and testimony, of any events prior to passage of the Trafficking Victims Protection Reauthorization Act is relevant and admissible. The Court reserved decision on that part of the Dft's Motion in Limine seeking to preclude evidence based on spoilation. A telephone conference is scheduled for 7/8/10, at 3:30. Mr. Chaubey is directed to coordinate the conference call to Chambers. (Court Reporter Anthony Mancuso) (Abdallah, Fida) |
| Filing 95 Letter to Judge Amon by Devendra Shukla (Chaubey, Sanjay) |
| Filing 94 Proposed Jury Instructions by Devendra Shukla (Chaubey, Sanjay) |
| Filing 93 Minute for proceedings held before Judge Carol B. Amon: Status Conference held on 6/11/2010. Dan Brecher is relieved as attorney for **Dfts. Krishnan Chittur is counsel on record for all Dfts. Pltff to submit proposed jury instructions by Monday, June 14, 2010. Parties to review the pretrial order prior to status conference on June 21, 2010, at 11:00 a.m., as well as provide each other and the Court with a precise summary of expert testimony by June 18, 2010. (Court Reporter Victoria Torres Bulter) (Abdallah, Fida) (Additional attachment(s) added on 6/15/2010: #1 **Amended Calendar) Modified on 6/15/2010 (Abdallah, Fida). |
| Filing 92 CERTIFICATE OF SERVICE by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York of Notice of Motion and Affidavit of Dan Brecher (Brecher, Daniel) |
| Filing 91 AFFIDAVIT/DECLARATION in Support re #90 Notice of MOTION to Withdraw as Attorney filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit Exhibit A) (Brecher, Daniel) |
| Filing 90 Notice of MOTION to Withdraw as Attorney by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Incorrect Document Information: Document # 90, Order re status conference, was incorrectly filed in this case. It has been removed. (Abdallah, Fida) |
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Filing 89
ORDER endorsed on #87 Letter Request for Adjournment by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York: Parties to appear in court on 6/11/10 at 2:00 p.m. to address this application. Ordered by Judge Carol B. Amon on 6/7/2010. (Abdallah, Fida)
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| Filing 88 Proposed Jury Instructions by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 87 Letter Request for Adjournment by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Chittur, Krishnan) |
| Filing 86 NOTICE of Appearance by Krishnan Shanker Chittur on behalf of Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (aty to be noticed) (Chittur, Krishnan) |
| Filing 85 Proposed Pretrial Order by Geeta Sharma, Sat Prakash Sharma, Devendra Shukla, Vishva Seva Ashram Of New York (Brecher, Daniel) |
| Filing 84 MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 5/4/2010. Resolved issues regarding Pre-Trial Order - to be filed 5/17/10. Jury instructions due 6/7/10. Final conference with Judge Amon 6/11/10 @ 2:00 PM. (Caggiano, Diana) |
| Filing 83 MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 4/16/2010. Parties to confer and submit revised Pretrial Order in accordance with out discussion at the conference. Telephone Conference set for 5/4/10 @ 10:30 AM. (Caggiano, Diana) |
| Filing 82 Letter to Hon. Judge Pollak by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
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ORDER: #79 . This dispute is respectfully referred to Magistrate Judge Pollak to resolve. So Ordered by Judge Amon on 4/15/10. (Liberatore, Marie)
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SCHEDULING ORDER: A telephone conference is scheduled for 4/16/10 at 10:00 AM before MJ Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/15/2010. (Caggiano, Diana)
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| Filing 81 Letter Hon. Judge Pollak by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
| Filing 80 Proposed Pretrial Order by Devendra Shukla (Chaubey, Sanjay) |
| Filing 79 Letter to Hon. Judge Pollak by Devendra Shukla (Chaubey, Sanjay) |
| Filing 78 Minute Entry for proceedings held before Judge Carol B. Amon: Status Conference held on 3/30/2010. The parties are to submit a joint pretrial order by April 14, 2010. A status conference is scheduled for June 11, 2010, at 2:00 p.m. the Court will rule on the fully briefed Motion in Limine at the conference. Trial is set for June 21, 2010. The parties are to file proposed jury instructions by June 7, 2010. (Court Reporter Burt Sulzer) (Abdallah, Fida) |
| Filing 77 Letter to Judge Pollak by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
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ORDER: re #76 Defendants' letter request of March 11, 2010. The status conference is NOT adjourned, but is moved to the afternoon at 2:00pm on March 30, 2010 in Courtroom 10 D. So Ordered by Judge Carol B. Amon on 3/15/2010. (Liberatore, Marie)
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| Filing 76 First MOTION for Extension of Time to File Pretrial Order by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 75 MANDATE of USCA as to #61 Notice of Interlocutory Appeal,, filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. It is Ordered that the Appellants' motion to withdraw the appeal is granted. Issued as Mandate: 03/01/10. USCA#09-4676-cv. (McGee, Mary Ann) |
| Filing 74 Letter with courtesy copy of fully briefed Motion in Limine by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
| Filing 73 MEMORANDUM in Support Further Support of Motion In Limine filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 72 AFFIDAVIT/DECLARATION in Support re #70 First MOTION in Limine filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Brecher, Daniel) |
| Filing 71 MEMORANDUM in Support of Motion In Limine filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 70 First MOTION in Limine by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
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Filing 69
ENDORSED LETTER ORDER granting #68 Motion for Extension of Time to File Response/Reply. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/8/2010. (Caggiano, Diana)
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| Filing 68 First MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to the Motion in Limine by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 67 DECLARATION re #66 Memorandum in Opposition TO DEFENDANTS MOTION IN LIMINE by Devendra Shukla (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Chaubey, Sanjay) |
| Filing 66 MEMORANDUM in Opposition TO DEFENDANTS MOTION IN LIMINE filed by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 65 Letter Extension of Time to File Opposition to Defendants' Motion in Limine by Devendra Shukla (Chaubey, Sanjay) |
| NOTICE: Plaintiff's Motion for an extension of time to file plaintiff's opposition papers is granted. Plaintiff's response is due by February 1, 2010. So Ordered by U.S. Magistrate Judge Cheryl Pollak. (Zuckerman, Michael) |
| Filing 64 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
| Minute Entry: Telephone Conference held on 12/3/2009 before Judge Amon. Appearances: For plaintiff - Sanjay Chaubey, Esq. For Defendants - Dan Brecher, Esq. Defendants' motion for reconsideration is DENIED. Defendants' motion in limine to be served by 12/28/2009. Plaintiff's response to be served by 1/18/2010. Defendants' reply due 2/5/2010. Parties to file a joint pre-trial order by 3/15/2010. Status conference set for 3/30/2010 at 9:30am in Courtroom 10 D. (Court Reporter Burt Sulzer.) (Liberatore, Marie) |
| Filing 63 NOTICE OF TELEPHONE CONFERENCE: re #62 . A telephone conference is hereby scheduled in the above-captioned case for December 3, 2009 at 11:00am before Judge Amon. Dan Brecher, Esq. is directed to initiate the conference call to chambers (718) 613-2410 on the above designated date and time. (Liberatore, Marie) |
| Filing 62 Letter by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
| 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. #61 Notice of Interlocutory Appeal. PLEASE NOTE: The documents in this case are online and may be downloaded. (McGee, Mary Ann) |
| Filing 61 NOTICE OF INTERLOCUTORY APPEAL as to #57 Order on Report and Recommendations,, #58 Clerk's Judgment,, by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. Filing fee $ 455.receipt number 0207-3809352. Appellants appeal Order dtd 9/29/09 and Judgment dtd 9/30/09. Service done via ECF. (Brecher, Daniel) Modified on 10/29/2009 (McGee, Mary Ann). This has been red-docketed as a Notice of Interlocutory Appeal since the case was closed in error. Case has now been re-opened.Presiding Judge: Amon, Carol B. Referral Judge : Pollak, Cheryl L. (Marziliano, August). |
| Filing 60 REPLY in Opposition re #59 Order, #56 Affidavit in Support of Motion,,,, to Defendant's Request for Attorney Fees filed by Devendra Shukla. (Chaubey, Sanjay) |
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Filing 59
ORDER: The Court is in receipt of the Affidavit of Dan Brecher, submitted in support of defendants request for an award of attorneys fees and costs, dated September 24, 2009. Plaintiff shall respond by October 22, 2009. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/8/2009. (Caggiano, Diana)
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| Filing 58 CLERK'S JUDGMENT: It is Ordered and Adjudged that plaintiff take nothing of the defendants; that the Report and Recommendation of Magistrate Judge Cheryl L. Pollak is adopted; that defendants' motion for summary judgment is granted except as to the two claims arising under the TVPA; that defendants' motion for attorney's fees is granted as sanctions for the spoliation of evidence; and that plaintiff's motion to delay consideration of defendants' motion to allow for further discovery is denied. Ordered by Chief Deputy of Court Operations on 9/30/2009. (Abdallah, Fida) |
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Filing 57
The Court adopts Magistrate Judge Pollak's Report and Recommendations; and grants defendants motion for summary judgment except as to the two claims arising under the TVPA, grants defendants motion for attorneys fees as sanctions for the spoliation of evidence, and denies plaintiffs motion to delay consideration of defendants motion to allow for further discovery. ORDER adopting Report and Recommendations as to #51 Report and Recommendations. Ordered by Judge Carol B. Amon on 9/29/2009. (Amon, Carol)
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| Filing 56 AFFIDAVIT/DECLARATION in Support re #51 REPORT AND RECOMMENDATIONS re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York, #34 MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New YorkREPORT AND RECOMMENDATIONS re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York, #34 MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New YorkREPORT AND RECOMMENDATIONS re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York, #34 MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New YorkREPORT AND RECOMMENDATIONS re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York, #34 MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York, #37 Amended MOTION to Dismiss filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit Exhibits to Affidavit) (Brecher, Daniel) |
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Filing 55
ENDORSED LETTER ORDER granting #54 Motion for Extension of Time to File. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/11/2009. (Caggiano, Diana)
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| Filing 54 First MOTION for Extension of Time to File Affidavit and supporting time records by Geeta Sharma, Sat Prakash Sharma, Devendra Shukla, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 53 OBJECTION to #51 Report and Recommendations of Magistrate Judge filed by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 52 OBJECTION to #51 Report and Recommendations filed by Geeta Sharma, Sat Prakash Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
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Filing 51
REPORT AND RECOMMENDATIONS re #34 #37 : The Court hereby recommends that defendants' motion for summary judgment be granted as to all claims with the exception of those arising under the TVPA; that defendants' motion for an adverse inference as a sanction for the spoliation of evidence be granted in the event that the district court denies the motion for summary judgment, that defendants' motion for attorneys' fees as a sanction for the spoliation of evidence be granted; and that plaintiff's motion to delay consideration of the defendants' motion to allow him to conduct further discovery be denied. Objections to R&R due by 9/4/2009.So Ordered by Magistrate Judge Cheryl L. Pollak on 8/21/2009. (Zuckerman, Michael)
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| Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/7/09, before Judge Pollak. Court Reporter/Transcriber Rudolph, Telephone number 718-613-2538. 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 6/29/2009. Redacted Transcript Deadline set for 7/9/2009. Release of Transcript Restriction set for 9/8/2009. (Rudolph, Gene) |
| Filing 49 MINUTE ENTRY for Oral Argument re #34 MOTION to Dismiss proceeding held before MJ Pollak on 5/7/2009. Argument on motion to dismiss and summary judgment heard. Decision reserved. (Court Reporter: Gene Rudolph) (Caggiano, Diana) |
| Filing 48 CERTIFICATE OF SERVICE by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York re #47 Reply in Support, #46 Reply in Support (Brecher, Daniel) |
| Filing 47 REPLY in Support Declaration filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit Exhibits O to R) (Brecher, Daniel) |
| Filing 46 REPLY in Support Memorandum filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
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ELECTRONIC NOTICE: Based on the extension of the motion schedule #43 the Oral Argument previously scheduled for 4/8/09 before MJ Pollak is adjourned to 5/7/09 @ 2:00 PM. Ordered by Magistrate Judge Cheryl L. Pollak on 4/7/2009. (Nortman, Kimberly)
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| Filing 45 AFFIDAVIT/DECLARATION in Opposition re #37 Amended MOTION to Dismiss filed by Devendra Shukla. (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-1, #9 Exhibit H-2, #10 Exhibit H-3) (Chaubey, Sanjay) |
| Filing 44 MEMORANDUM in Opposition to Defendant's Motion to Dismiss filed by Devendra Shukla. (Chaubey, Sanjay) |
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Filing 43
ENDORSED LETTER ORDER granting plaintiff's request to modify the schedule. Ordered by Magistrate Judge Cheryl L. Pollak on 2/27/2009. (Nortman, Kimberly)
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| Filing 42 Letter to Hon. Judge Pollak by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York (Brecher, Daniel) |
| Filing 41 Letter to Hon. Judge Pollak by Devendra Shukla (Chaubey, Sanjay) |
| ELECTRONIC NOTICE: Based on the extension of the motion schedule, #33 the Oral Argument previously scheduled for 2/18/09 before MJ Pollak is adjourned to 4/8/09 @ 11:30 AM (Caggiano, Diana) |
| Filing 40 MEMORANDUM in Support re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 39 AFFIDAVIT/DECLARATION in Support re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit Exhibit A through J, #2 Exhibit Exhibit K, #3 Exhibit Exhibit L through N) (Brecher, Daniel) |
| Filing 38 RULE 56.1 STATEMENT re #37 Amended MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 37 Amended MOTION to Dismiss by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. Responses due by 3/2/2009 (Brecher, Daniel) |
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MOTION REFERRED: re #34 Defendants' Motion to Dismiss is referred to Magistrate Judge Pollak for report and recommendation. So Ordered by Judge Amon on January 28, 2009. (Liberatore, Marie)
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| Filing 36 AFFIDAVIT/DECLARATION in Support re #34 MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Attachments: #1 Exhibit Exhibit A to J, #2 Exhibit Exhibit K) (Brecher, Daniel) |
| Filing 35 MEMORANDUM in Support re #34 MOTION to Dismiss filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 34 MOTION to Dismiss by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. Responses due by 2/27/2009 (Brecher, Daniel) |
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Filing 33
ENDORSED LETTER ORDER granting #32 Motion for Extension of Time to File. Ordered by Magistrate Judge Cheryl L. Pollak on 1/27/2009.(Nortman, Kimberly)
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| Filing 32 Third MOTION for Extension of Time to File Memorandum of Law by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
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Filing 31
ENDORSED LETTER ORDER granting #30 Motion for Extension of Time to File. Ordered by Magistrate Judge Cheryl L. Pollak on 1/8/09. (Caggiano, Diana)
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| Filing 30 Second MOTION for Extension of Time to File Motion for Spoliation and to Dismiss by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
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Filing 29
ENDORSED LETTER ORDER granting #28 Motion for Extension of Time to File. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/22/08. (Caggiano, Diana)
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| Filing 28 Letter MOTION for Extension of Time to File Motion for Spoliation and to Dismiss by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Brecher, Daniel) |
| Filing 27 MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 11/7/2008. By 11/21/08, parties to send letters detailing any outstanding discovery; responses due 12/5/08. Discovery to close 12/5/08. Defendant to file motion regarding spoliation \ summary judgment by 12/23/08 - response 1/23/09 - reply 2/6/09. Oral argument set for 2/18/09 @ 11:30 AM. (Caggiano, Diana) |
| Filing 26 MINUTE ENTRY for Discovery \ Status Conference proceeding held before MJ Pollak on 9/5/2008. Plaintiff to submit signed deposition transcripts by 9/12/08; and letter requesting any additional documents by 9/12/08. Plaintiff to produce laptop by 10/5/08. Conference to discuss potential motions set for 11/7/08 @ 12:00 PM. (Caggiano, Diana) |
| Filing 25 MINUTE ENTRY for Discovery \ Status Conference proceeding held before MJ Pollak on 7/29/2008. Defendants depositions to proceed on 8/19/08 and 8/20/08 in the courthouse beginning at 10:00 AM. Plaintiff's deposition is complete at this time subject to defendant's application to reopen once the computer emails are produced. Conference set for 9/5/08 @ 4:00 PM. (Tick# 11:10-11:30) (Caggiano, Diana) |
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Filing 24
ORDER: It is hereby Ordered that defendants' counsel, Mr. Daniel S. Brecher, be permitted to bring a tape recording device into the Courthouse without having the device pass through the machinery for a deposition to be taken here on Monday, 6/16/08. Ordered by Magistrate Judge Cheryl L. Pollak on 5/27/08. (Caggiano, Diana)
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Filing 23
ENDORSED LETTER ORDER granting #22 RULING - Plaintiff's deposition to be completed by 7/31/08. Ordered by Magistrate Judge Cheryl L. Pollak on 5/27/08. (Caggiano, Diana)
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| Filing 22 Letter MOTION for Discovery Motion for an Order that Defendants' counsel, Dan Brecher, be allowed to bring a tape recroding device into the Courthouse on June 16, 2008 to record the deposition of Plaintiff by Sat Prakash Sharma. (Brecher, Daniel) |
| Filing 21 MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 5/7/2008. Deposition dispute resolved. (Caggiano, Diana) |
| Filing 20 MINUTE ENTRY for Discovery Conference proceeding held before MJ Pollak on 4/21/2008. Plaintiff's deposition to be completed by end of May. Other depositions to be completed by end of July. Conference set for 7/29/08 @ 11:00 AM. (Caggiano, Diana) |
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Filing 19
ORDER: IT IS HEREBY ORDERED that defendants counsel, Mr. Daniel S. Brecher, be permitted to bring a tape recording device into the Courthouse without having the device pass through the screening machinery for a deposition to be taken here on Monday, March 17, 2008. Ordered by Magistrate Judge Cheryl L. Pollak on 2/28/08. (Caggiano, Diana)
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| Filing 18 MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 2/28/2008. Plaintiff's deposition to proceed in courthouse March 17 at 10:00 AM, plaintiff's counsel is directed to obtain his own interpreter to be paid for by him; objections to the translation shall be limited to "object to translation;" parties shall arrange to tape-record deposition to enable review of translation at a later date. Plaintiff to submit sworn responses to document requests indicating that all documents have been produced and that there are no others in his possession custody or control, including production of all documents from his computer. Conference set for 4/21/08 @ 2:30 PM. (Caggiano, Diana) |
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Filing 17
ENDORSED LETTER ORDER granting #16 Motion to Adjourn Conference. Conference adjourned to 2/28/08 @ 10:00 AM. Ordered by Magistrate Judge Cheryl L. Pollak on 1/24/08. (Caggiano, Diana)
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| Motion terminated - docketed incorrectly: #15 SEE WITHDRAWAL on docket entry number #16 . (Caggiano, Diana) |
| Filing 16 Letter MOTION to Adjourn Conference Scheduled for February 11, 2008 and Withdrawal of Letter Motion dated January 14, 2008 by Sat Prakash Sharma. (Brecher, Daniel) |
| Filing 15 Letter MOTION for Discovery Order Regarding Deposition Schedule by Sat Prakash Sharma. (Brecher, Daniel) |
| Filing 14 DISCLOSURE of Interested Parties by Devendra Shukla. (Chaubey, Sanjay) |
| Filing 13 MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 10/10/2007. Mandatory disclosures by 11/9/07. Document requests and interrogatories by 11/26/07 - Responses 12/17/07. Depositions to proceed - counsel to contact court with proposed dates (1/15/08 and 1/16/08). Conference set for 2/11/08 @ 10:00 AM. (Caggiano, Diana) |
| Filing 12 ANSWER to Counterclaim by Devendra Shukla. (Chaubey, Sanjay) |
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Filing 11
SCHEDULING ORDER: An initial conference has been scheduled in the above-captioned case on OCTOBER 10, 2007 at 12:30 PM, before the Honorable Cheryl L. Pollak. Ordered by Judge Cheryl L. Pollak on 9/19/07. (Caggiano, Diana)
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| Filing 10 NOTICE of Appearance by Daniel S. Brecher on behalf of all defendants (notification declined) (Brecher, Daniel) |
| Filing 9 ANSWER to Complaint with, COUNTERCLAIM against Devendra Shukla by all defendants. (Brecher, Daniel) |
| Filing 8 SUMMONS Returned Executed by Devendra Shukla. Geeta Sharma served on 7/25/2007, answer due 8/14/2007. (Chaubey, Sanjay) |
| Filing 7 SUMMONS Returned Executed by Devendra Shukla. Vishva Seva Ashram Of New York served on 7/25/2007, answer due 8/14/2007. (Chaubey, Sanjay) |
| Filing 6 SUMMONS Returned Executed by Devendra Shukla. Sat Prakash Sharma served on 7/25/2007, answer due 8/14/2007. (Chaubey, Sanjay) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Geeta Sharma on 07/25/07, filed by Devendra Shukla. (Chaubey, Sanjay) |
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Filing 4
ENDORSED LETTER ORDER granting #3 Motion for Extension of Time to Answer. RULING - Request for extension until 9/15/07 to file answer is GRANTED. Ordered by Judge Cheryl L. Pollak on 7/30/07. (Caggiano, Diana)
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| Filing 3 MOTION for Extension of Time to File Answers to the #1 Complaint; filed by Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. W/Attachments. (Latka-Mucha, Wieslawa) |
| Filing 2 DISCLOSURE of Interested Parties by Devendra Shukla. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York $ 350, filed by Devendra Shukla. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| Summons Issued as to Sat Prakash Sharma, Geeta Sharma, Vishva Seva Ashram Of New York. (Davis, Kimberly) |
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