Leser v. U.S. Bank National Association
Plaintiff: Abraham Leser
Defendant: Aron Mandel, as Nominee for John Does 1-20 and U.S. Bank National Association
Respondent: Mrs. Edith Leser
Material Witness: Abe Zeigerman and Robert Lovy
Receiver: Matthew D. Parrott
Interested Party: Lockaway Storage Centre, Inc., The Leser Group Ltd., and Berish Leser
Garnishee: United Bobov International, Inc.
Case Number: 1:2009cv02362
Filed: June 5, 2009
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Marilyn D Go
Referring Judge: Kiyo A Matsumoto
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2014 Filing 383 SATISFACTION OF JUDGMENT re #231 Judgment, entered In favor of $52,946,419.15. Interest shall accrue on this amount after the date of entry of judgment at the federal post-judgment statutory rate provided by 28 U.S.C. 1961(a) t 05/10/2013 832 Against N 05/10/2013, 109cv02362KAMMDG, In favor of U.S. Bank National Association Against Abraham Leser by U.S. Bank National Association (Stern, Emily)
May 22, 2014 Opinion or Order Filing 382 ORDER denying #374 Motion to Vacate. For the reasons set forth in the enclosed Memorandum & Order, the motion to vacate the Judgment in this case pursuant to Federal Rules of Civil Procedure 60(b)(5) and 60(b)(6) is denied, and the motion to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) is also denied. Ordered by Judge Kiyo A. Matsumoto on 5/22/2014. (Raghunathan, Abhishek)
May 14, 2014 Filing 381 Letter To The Hon. Kiyo A. Matsumoto, From Matthew D. Parrott, Dated 5/14/2014, In Response To The Motion To Vacate The Judgment [Docket # 374], Filed by U.S. Bank National Association (Parrott, Matthew)
May 8, 2014 Filing 380 AFFIDAVIT/DECLARATION in Support re #374 Notice of MOTION to Vacate Judgment (Declaration of Abraham Leser in Support of Motion to Vacate Judgment) filed by Abraham Leser. (Wang, Ona)
May 8, 2014 Filing 379 MEMORANDUM in Support re #374 Notice of MOTION to Vacate Judgment filed by Abraham Leser. (Wang, Ona)
May 8, 2014 Opinion or Order ORDER granting #377 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Kiyo A. Matsumoto on 5/8/2014. (Raghunathan, Abhishek)
May 7, 2014 Filing 378 MEMORANDUM in Support re #377 Notice of MOTION for Leave to Electronically File Document under Seal filed by Abraham Leser. (Wang, Ona)
May 7, 2014 Filing 377 Notice of MOTION for Leave to Electronically File Document under Seal by Abraham Leser. (Attachments: #1 Memorandum of Law in Support of Motion to Vacate Judgment, #2 Declaration of Abraham Leser in Support of Motion to Vacate Judgment) (Wang, Ona)
May 7, 2014 Filing 376 AFFIDAVIT/DECLARATION in Support re #374 Notice of MOTION to Vacate Judgment (Redacted Version of Declaration of Abraham Leser) filed by Abraham Leser. (Wang, Ona)
May 7, 2014 Filing 375 MEMORANDUM in Support re #374 Notice of MOTION to Vacate Judgment (Redacted Version) filed by Abraham Leser. (Wang, Ona)
May 7, 2014 Filing 374 Notice of MOTION to Vacate Judgment by Abraham Leser. (Wang, Ona)
May 7, 2014 Filing 373 NOTICE of Appearance by Ona T. Wang on behalf of Abraham Leser (aty to be noticed) (Wang, Ona)
May 5, 2014 Opinion or Order SCHEDULING ORDER: To the extent that Mr. Leser and/or U.S. Bank National Association wish to file any additional motion pursuant to the Settlement Agreement, they may file any such motion on the docket via ECF. Any response by the other party must be filed within 7 days after the motion is filed. If a party does not oppose the motion, it should file a letter via ECF stating that it does not oppose the motion within 7 days after the motion is filed. Ordered by Judge Kiyo A. Matsumoto on 5/5/2014. (Raghunathan, Abhishek)
January 23, 2014 Filing 372 MANDATE of USCA as to #337 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20, #332 Notice of Appeal filed by Edith Leser, #330 Notice of Appeal filed by Abraham Leser. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to Local Rule 42.1.The stipulation is hereby "So Ordered". Mandate Issued: 1/22/14 (McGee, Mary Ann)
January 21, 2014 Filing 371 MANDATE of USCA as to #337 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20, #292 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20. The parties have filed a stipulation withdrawing this appealpursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Issued as Mandate: 1/21/14. (McGee, Mary Ann)
January 2, 2014 Opinion or Order Filing 370 ORDER granting #369 Motion to Discharge and Release Matthew D. Parrott, the Court-Appointed Receiver in this Action, and to Terminate the Receivership over Abraham Leser's Real And Personal Property, Without Prejudice, as set forth in the enclosed Stipulation and Order. Ordered by Judge Kiyo A. Matsumoto on 1/2/2014. (Raghunathan, Abhishek)
January 2, 2014 Filing 369 Letter MOTION to Vacate -- Motion Seeking To Discharge And Release Matthew D. Parrott, The Court-Appointed Receiver In This Action And To Terminate The Receivership Over Abraham Leser's Real And Personal Property, Without Prejudice, Filed by U.S. Bank National Association. (Attachments: #1 Proposed Order) (Stern, Emily)
December 31, 2013 Opinion or Order ORDER The court approves the Settlement Agreement entered into by U.S. Bank National Association and Abraham Leser. The executed settlement agreement is confidential and will be filed under seal, but will be accessible to the parties who are signatories to the Settlement Agreement and their counsel. Ordered by Judge Kiyo A. Matsumoto on 12/31/2013. (Matsumoto, Kiyo)
December 24, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 12/24/2013. Joel Schneck and Robert Rimberg appeared for Abraham Leser, and Emily Stern and Gregory Johnson appeared for U.S. Bank National Association. Parties are to update the court as discussed. (Raghunathan, Abhishek)
December 23, 2013 Opinion or Order SCHEDULING ORDER: Telephone Conference set for 12/24/2013 at 9:30 AM before Judge Kiyo A. Matsumoto. The court will hold a telephonic conference at 9:30 a.m. on 12/24/13. Counsel for U.S. Bank National Association is respectfully requested to initiate the conference by calling counsel for Abraham Leser and then calling the court at 718-613-2180 when both parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 12/23/2013. (Raghunathan, Abhishek)
December 19, 2013 Filing 368 Letter MOTION to Stay All Pending Proceedings In This Action Until January 6, 2014, Filed by Matthew D. Parrott, U.S. Bank National Association. (Parrott, Matthew)
December 19, 2013 Opinion or Order ORDER granting #368 Motion to Stay. All pending proceedings in this action, including the special proceeding, are stayed until 1/6/14. Accordingly, all briefing deadlines are adjourned. The court further orders that ECF No. #326 , the Receivership Order, is modified to permit the Receiver to open an escrow account with JPMorgan Chase rather than Citibank. ECF No. #355 , the pending motion for the retention of Katten Muchin Rosenman LLP as counsel for the receiver, is withdrawn without prejudice. Ordered by Judge Kiyo A. Matsumoto on 12/19/2013. (Raghunathan, Abhishek)
December 18, 2013 Opinion or Order Filing 367 ORDER of USCA as to #337 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20, #332 Notice of Appeal filed by Edith Leser, #330 Notice of Appeal filed by Abraham Leser. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to Local Rule 42.1.The stipulation is hereby "So Ordered" without prejudice to reinstatement by 01/15/2014 Certified Copy issued 12/18/13. (McGee, Mary Ann)
December 18, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 12/18/2013. Counsel appeared for U.S. Bank National Association, Abraham Leser, Edith Leser, and the Mandel Group. Parties are to update the court as discussed. (Raghunathan, Abhishek)
December 17, 2013 Opinion or Order Filing 366 ORDER of USCA as to #337 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20, #292 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20.The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered" without prejudice to reinstatement by 01/15/2014. Certified copy issued on 12/17/13. (McGee, Mary Ann)
December 17, 2013 Filing 365 Letter MOTION to Stay all pending deadlines in the above-referenced action (including the special proceeding), until the conference scheduled for December 18, 2013. All parties to the action, including the special proceeding, have consented to this request, Filed by U.S. Bank National Association. (Stern, Emily)
December 17, 2013 Opinion or Order ORDER granting #365 Motion to Stay. All deadlines in this action, including the special proceeding, are stayed pending the conference scheduled for 12/18/13. Ordered by Judge Kiyo A. Matsumoto on 12/17/2013. (Raghunathan, Abhishek)
December 16, 2013 Opinion or Order ORDER re: Telephonic Conference. The court will hold a telephonic conference at 2:00 p.m. on 12/18/13. Counsel for U.S. Bank National Association is respectfully requested to initiate the conference by calling the other parties and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 12/16/2013. (Raghunathan, Abhishek)
December 10, 2013 Filing 364 Letter MOTION for Summary Judgment -- Letter To The Hon. Kiyo A. Matsumoto, From Matthew D. Parrott, Dated 12/10/2013, Requesting Approval Of A Proposed Briefing Schedule For Motion For Summary Judgment, Filed by U.S. Bank National Association. (Parrott, Matthew)
December 10, 2013 Opinion or Order ORDER granting #364 Motion for Summary Judgment Briefing Schedule. The court orders the following briefing schedule on U.S. Bank National Association's pending claims against Abraham Leser and Edith Leser: (1) the parties must serve any motions for summary judgment on or before 12/23/13, (2) the parties must serve any oppositions to any motions for summary judgment on or before 1/23/14, and (3) the parties must serve and file any replies, as well as the fully briefed summary judgment motions on ECF, on or before 2/6/14. The parties are respectfully reminded to provide the court with two courtesy copies of the fully briefed summary judgment motions. Ordered by Judge Kiyo A. Matsumoto on 12/10/2013. (Raghunathan, Abhishek)
December 9, 2013 Filing 363 REPLY in Support re #355 Letter MOTION to Appoint Counsel -- Letter Motion By Matthew D. Parrott, As Receiver, Seeking Leave To Retain Counsel, Filed -- Letter To The Hon. Kiyo A. Matsumoto, From Matthew D. Parrott, As Receiver, Dated 12/9/2013 In Further Support Of Motion To Retain Counsel-- filed by U.S. Bank National Association, Matthew D. Parrott. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Parrott, Matthew)
December 9, 2013 Filing 362 Letter Consenting to Proposed Schedule for the Filing of Summary Judgment Motions by Aron Mandel, as Nominee for John Does 1-20 (Eisenberger, Seth)
December 9, 2013 Opinion or Order ORDER granting #361 Motion for Summary Judgment Briefing Schedule. The court orders the following briefing schedule proposed by U.S. Bank National Association ("USB") and consented to by the Mandel Group: (1) USB will serve its Motion for Summary Judgment on or before 12/17/13, (2) the Mandel Group will serve its opposition and any cross-motion on or before 1/14/14, (3) USB will serve its reply and file its fully briefed summary judgment motion on ECF on or before 2/5/14, as well as serve any opposition to a cross-motion on or before 2/5/14, and (4) the Mandel Group will serve its reply, if any, to its cross-motion and file its fully briefed cross-motion on ECF on or before 2/26/14. The parties are respectfully reminded to provide the court with two courtesy copies of all motion papers and exhibits. Ordered by Judge Kiyo A. Matsumoto on 12/9/2013. (Raghunathan, Abhishek)
December 6, 2013 Filing 361 Letter MOTION for Summary Judgment --Letter To The Hon. Kiyo A. Matsumoto, From Emily Stern, Dated 12/6/2013, Requesting Approval Of A Proposed Briefing Schedule For USB's Motion For Summary Judgment, Filed by U.S. Bank National Association. (Stern, Emily)
December 4, 2013 Opinion or Order Filing 360 ORDER of USCA as to #292 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20 Appellant, through counsel, moves for a stay, pending appeal, of the preliminary injunction entered by the District Court on July 18, 2013 and if the stay is denied, for an Order of this Court imposing bond. It is Ordered that the motion is denied. Certified copy issued: 12/04/13. (McGee, Mary Ann)
December 4, 2013 Opinion or Order ORDER granting #358 Motion for Leave to File. U.S. Bank National Association may file a reply on or before 12/9/13. Ordered by Judge Kiyo A. Matsumoto on 12/4/2013. (Raghunathan, Abhishek)
December 3, 2013 Filing 359 RESPONSE in Opposition re #355 Letter MOTION to Appoint Counsel -- Letter Motion By Matthew D. Parrott, As Receiver, Seeking Leave To Retain Counsel, Filed filed by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
December 3, 2013 Filing 358 Letter MOTION for Leave to File , By Matthew D. Parrott, As Receiver, A Reply In Support Of Document # 355 On Or Before 12/8/13, Filed by U.S. Bank National Association. (Parrott, Matthew)
December 3, 2013 Opinion or Order ORDER granting #358 Motion for Leave to File. U.S. Bank National Association may submit a reply on or before 12/8/13. Ordered by Judge Kiyo A. Matsumoto on 12/3/2013. (Raghunathan, Abhishek)
November 27, 2013 Filing 357 MOTION for Extension of Time to File Response/Reply by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
November 27, 2013 Filing 356 REPLY in Opposition re #355 Letter MOTION to Appoint Counsel -- Letter Motion By Matthew D. Parrott, As Receiver, Seeking Leave To Retain Counsel, Filed filed by Abraham Leser. (Attachments: #1 Exhibit) (Schneck, Joel)
November 27, 2013 Opinion or Order ORDER granting #357 Motion for Extension of Time to File Response/Reply. A response may be filed on or before 12/3/13. Ordered by Judge Kiyo A. Matsumoto on 11/27/2013. (Raghunathan, Abhishek)
November 26, 2013 Filing 355 Letter MOTION to Appoint Counsel -- Letter Motion By Matthew D. Parrott, As Receiver, Seeking Leave To Retain Counsel, Filed by U.S. Bank National Association. (Attachments: #1 Exhibit A) (Parrott, Matthew)
November 25, 2013 Filing 354 Letter MOTION for Discovery -- Letter From Emily Stern, Dated 11/25/13, To The Hon. Marilyn D. Go Re: Seeking Revision Of Discovery And Briefing Schedule, Filed by U.S. Bank National Association. (Stern, Emily)
November 25, 2013 Opinion or Order ORDER granting #354 Motion for Extension of Time. The revised schedule agreed to by USB and the Lesers is approved as follows: the deposition of USB's expert witness and respondents' answer to requests to admit by 11/26/13; pre-motion letters must be filed by 12/10/13 with proposed schedule for briefing of the motion. Ordered by Magistrate Judge Marilyn D. Go on 11/25/2013. (Proujansky, Josh)
November 19, 2013 Filing 353 Letter From Matthew D. Parrott, As Receiver, Dated 11/19/13, To The Hon. Kiyo A. Matsumoto In Response To The Submissions Made In Answer To Our Pre-Motion Letter Dated November 8, 2013, Filed by U.S. Bank National Association (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Parrott, Matthew)
November 19, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 11/19/2013. Matthew Parrott, the court-appointed receiver (the "Receiver"), appeared, as did counsel for U.S. Bank National Association ("USB"), counsel for the Mandel Group, counsel for Abraham Leser, counsel for Edith Leser, counsel for United Bobov International, Inc., and counsel for Berish Leser and Lockaway Storage Centre, Inc. Abraham Leser and Edith Leser also attended the hearing. The court ordered the following:(1) Abraham Leser and Edith Leser, as well as counsel for the parties, are reminded that they are under an ongoing obligation to comply with ECF No. #326 , the Receivership Order. In the event that they fail to comply with their obligation under the order to turn over all relevant documents requested by the Receiver on or before 11/27/2013, the Receiver may file a letter with the court seeking permission to enter Abraham Leser's home in Borough Park, which appears to be the headquarters for nearly all of the entities subject to the Receivership Order.(2) All of the entities subject to the Receivership Order, including but not limited to, Blake Christopher NY LLC, 1 Carlton Associates, Inc., Chestnut Street Realty LP, and United Bobov International, Inc., are ordered to produce any documents requested by the Receiver immediately, including all documents necessary to show they should not be subject to the Receivership Order if applicable,and to fully cooperate with their ongoing obligations pursuant to the Receivership Order. In the event such entities do not have the relevant documents or records sought by the Receiver in their possession, custody, or control, the entities or counsel for the entities should immediately identify the individual or agent who does have those documents and provide the Receiver with that individual or agent's name, address, and all other relevant contact information. The Receiver may move for contempt against any entity subject to the Receivership Order that fails to timely produce the relevant documents, provide the necessary information, or fail to comply in any other way with the Receivership Order.(3) The parties are ordered to confer and submit proposed briefing schedules for (A) summary judgment motions (including the Mandel Group's proposed motion to dismiss/summary judgment motion), and (B) letter motions, not to exceed 5 single-spaced pages, concerning the Receiver's proposed motion to appoint Katten Muchin Rosenman as counsel to the Receiver. (Court Reporter Lisa Schmid.) (Raghunathan, Abhishek)
November 18, 2013 Filing 352 Letter MOTION for pre motion conference re #338 Notice(Other), to Dismiss Amended Petition by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
November 18, 2013 Filing 351 NOTICE of Appearance by Ona T. Wang on behalf of Berish Leser, Lockaway Storage Centre, Inc. (aty to be noticed) (Wang, Ona)
November 14, 2013 Filing 350 NOTICE of Appearance by Mark A. Weissman on behalf of United Bobov International, Inc. (aty to be noticed) (Weissman, Mark)
November 14, 2013 Filing 349 NOTICE of Appearance by Herbert Rubin on behalf of United Bobov International, Inc. (aty to be noticed) (Rubin, Herbert)
November 13, 2013 Filing 348 Letter From Emily Stern, Dated 11/13/13, To The Hon. Kiyo A. Matsumoto Re: U.S. Bank National Association Has No Objection To Request By Counsel For Mr. Abraham Leser To Adjourn The In Court Pre-Motion Conference Currently Scheduled For November 15, 2013, Filed by U.S. Bank National Association (Stern, Emily)
November 13, 2013 Filing 347 Letter Requesting Brief Adjournment (Duplicate of No. 345) by Abraham Leser (Schneck, Joel)
November 13, 2013 Filing 346 RESPONSE in Opposition re #341 Letter MOTION for pre motion conference -- Letter From Matthew D. Parrott, Receiver, Dated 11/8/13 To The Hon. Kiyo A. Matsumoto Requesting a Pre-Motion Conference, Filed filed by Edith Leser. (Ryan, Andrew)
November 13, 2013 Filing 345 Letter Requesting Brief Adjournment by Abraham Leser (Schneck, Joel)
November 13, 2013 Filing 344 Letter in Response by United Bobov International, Inc. (Rubin, Herbert)
November 13, 2013 Filing 343 RESPONSE in Opposition re #341 Letter MOTION for pre motion conference -- Letter From Matthew D. Parrott, Receiver, Dated 11/8/13 To The Hon. Kiyo A. Matsumoto Requesting a Pre-Motion Conference, Filed filed by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
November 13, 2013 Opinion or Order SCHEDULING ORDER re: #347 , #348 . The Pre-Motion Conference will now take place at 11/19/2013 at 3:30 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. The court respectfully reminds counsel that Abraham Leser and Edith Leser are ordered to attend. The court also advises the parties that additional requests for adjournments of this pre-motion conference are not likely to be granted. Ordered by Judge Kiyo A. Matsumoto on 11/13/2013. (Raghunathan, Abhishek)
November 12, 2013 Filing 342 Letter by Abraham Leser (Rimberg, Robert)
November 12, 2013 Opinion or Order ORDER granting #341 Motion for Pre Motion Conference. The court will hold an in-person pre-motion conference at 11:30 a.m. on 11/15/2013 in Courtroom 6G North. Abraham Leser and Edith Leser are further ORDERED to personally attend the conference. If Abraham Leser or Edith Leser fail to attend the conference, the court will deem them to have violated a court order and will likely commence proceedings for sanctions and contempt of court. Any party who wishes to file a response to U.S. Bank National Association's Letter should do so on or before 12:00 p.m. on 11/13/13. Ordered by Judge Kiyo A. Matsumoto on 11/12/2013. (Raghunathan, Abhishek)
November 8, 2013 Filing 341 Letter MOTION for pre motion conference -- Letter From Matthew D. Parrott, Receiver, Dated 11/8/13 To The Hon. Kiyo A. Matsumoto Requesting a Pre-Motion Conference, Filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Parrott, Matthew)
November 7, 2013 Filing 340 TRANSCRIPT of Proceedings held on 10/2/13, before Judge Matsumoto. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2013. Redacted Transcript Deadline set for 12/9/2013. Release of Transcript Restriction set for 2/5/2014. (Hong, Loan)
November 6, 2013 Filing 339 NOTICE by U.S. Bank National Association re #338 Notice(Other), Notice of Service Of Amended Petition, Filed November 4, 2013 (Wuertz, Allison)
November 4, 2013 Filing 338 NOTICE by U.S. Bank National Association Of Amended Petition For Payment Or Delivery Of Property Of The Judgment Debtor Pursuant To F.R.C.P. 69(a)(1) And C.P.L.R. 5225(b); with (Attachments: #1 Exhibit 1-11 To The Amended Petition) (Parrott, Matthew)
November 1, 2013 Opinion or Order ORDER granting #335 Motion to Amend/Correct/Supplement Petition. U.S. Bank National Association's letter motion to amend its Petition is GRANTED pursuant to Fed. R. Civ. P. 15(a)(2). U.S. Bank National Association shall serve and file its Amended Petition on or before 11/8/2013. Ordered by Judge Kiyo A. Matsumoto on 11/1/2013. (Raghunathan, Abhishek)
October 31, 2013 Filing 337 NOTICE OF APPEAL as to #326 Order on Motion to Appoint Receiver by Aron Mandel, as Nominee for John Does 1-20. Filing fee $ 455, receipt number 0207-6529193. (Eisenberger, Seth)
October 31, 2013 Third Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #337 Notice of Appeal (McGee, Mary Ann)
October 29, 2013 Filing 336 Second MOTION for Extension of Time to Complete Discovery Submitted on Consent by Edith Leser. (Ryan, Andrew)
October 29, 2013 Opinion or Order ORDER re: #335 . Any party that wishes to respond to #335 , U.S. Bank National Association's Letter Motion to Amend its Petition, should do so on or before 12:00 p.m. on 11/1/13. Ordered by Judge Kiyo A. Matsumoto on 10/29/2013. (Raghunathan, Abhishek)
October 29, 2013 Opinion or Order ORDER granting #336 Motion for Extension of Time to Complete Discovery as to Edith Leser. The scheduling order is further extended as follows: E. Leser to serve responses by 10/30/13 to supplementary discovery requests, except as to the authentication of documents; service of requests to admit authenticity of documents and production of documents relied upon by experts completed by 11/8/13; depositions of experts to be held as proposed; pre-motion letters in accordance with Judge Matsumoto's individual rules to be filed by 11/19/13 and responses by 11/26/13. Ordered by Magistrate Judge Marilyn D. Go on 10/29/2013. (Go, Marilyn)
October 28, 2013 Filing 335 Letter MOTION to Amend/Correct/Supplement Petition, Filed by U.S. Bank National Association. (Attachments: #1 Exhibit A) (Stern, Emily)
October 16, 2013 Opinion or Order Filing 334 ORDER denying #333 Motion for Pre-Motion Conference as unnecessary and GRANTING U.S. Bank National Association's ("USB") Motion to Extend Period of Levy upon Personal Property. USB's motion to extend the period of levy upon personal property is GRANTED as provided for in the enclosed order. Ordered by Judge Kiyo A. Matsumoto on 10/16/2013. (Raghunathan, Abhishek) (Main Document 334 replaced on 10/16/2013) (Williams-Jackson, Sandra).
October 15, 2013 Filing 333 Letter MOTION for pre motion conference -- Letter To The Hon. Kiyo A. Matsumoto From Emily Stern, Dated 10/15/2013, Requesting A Pre-Motion Conference, Filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Stern, Emily)
October 15, 2013 Second Electronic Index to Record on Appeal sent to US Court of Appeals. #332 Notice of Appeal. (McGee, Mary Ann)
October 11, 2013 Filing 332 NOTICE OF APPEAL by Edith Leser. Filing fee $ 455, receipt number 0207-6489827. Appeal Record due by 10/4/2013. (Ryan, Andrew)
October 11, 2013 Filing 331 USCA Appeal Fees received $ 455.00 receipt number 4653065157 re #330 Notice of Appeal filed by Abraham Leser. Fee Paid 10/10/13 (McGee, Mary Ann)
October 11, 2013 First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #330 Notice of Appeal #331 USCA fee (McGee, Mary Ann)
October 10, 2013 APPEAL FILING FEE DUE re #330 Notice of Appeal Please either come to the clerks office or mail the filing fee in the amount of $455.00. (McGee, Mary Ann)
October 9, 2013 Filing 330 NOTICE OF APPEAL by Abraham Leser. No fee paid. Attorney notified. Service done electronically. See document for rulings being appealed. (Kallus, Mindy) Modified on 10/9/2013 (McGee, Mary Ann).
October 9, 2013 Opinion or Order Filing 329 ORDER of USCA as to #292 Notice of Appeal filed by Aron Mandel, as Nominee for John Does 1-20. IT IS HEREBY ORDERED that the request for a stay pending appeal and for bond are REFERRED to a three-judge panel. IT IS FURTHER ORDERED that the Appellants request for an expedited appeal is denied. To the extent the Appellant requests a temporary stay of the district courts order pending determination of the motion for stay pending appeal, that request isdenied. Certified Copy Issued: 10/9/13 (McGee, Mary Ann)
October 9, 2013 Filing 328 Receiver's BOND in the amount of $ 1,000.00 posted by U.S. Bank National Association (Parrott, Matthew)
October 9, 2013 Filing 327 NOTICE by U.S. Bank National Association Re: OATH OF RECEIVER, Filed By (Parrott, Matthew)
October 9, 2013 Electronic Index to Record on Appeal sent to US Court of Appeals. #330 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)
October 4, 2013 Opinion or Order Filing 326 ORDER granting U.S. Bank National Association's Motion for the Appointment of a Receiver, Turnover of Assets, and Charging of Assets as set forth in the enclosed Order. Ordered by Judge Kiyo A. Matsumoto on 10/4/2013. (Raghunathan, Abhishek)
October 4, 2013 Filing 325 REPLY in Opposition re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed filed by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
October 2, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 10/2/2013. Matthew Parrott and Emily Stern appeared for U.S. Bank National Association ("USB"), Joel Schneck and Robert Rimberg appeared for Abraham Leser, Seth Eisenberger appeared for Aron Mandel as nominee for John Does 1-20 (the "Mandel Group"), Andrew Ryan appeared for Edith Leser, and Yehuda Scharf and Terence McLaughlin appeared for The Leser Group ("TLG"). The parties should file any amended orders for the appointment of a receiver on or before 12:00 p.m. on 10/4/2013. (Raghunathan, Abhishek)
October 2, 2013 Opinion or Order ORDER REOPENING CASEOrdered by Judge Kiyo A. Matsumoto on 10/2/2013. (Williams-Jackson, Sandra)
September 26, 2013 Filing 324 NOTICE of Appearance by Yehuda David Scharf on behalf of The Leser Group Ltd., (aty to be noticed) (Scharf, Yehuda)
September 24, 2013 Opinion or Order ORDER re: #320 , #322 , #323 . The court ORDERS the following in response to the foregoing correspondence regarding ongoing discussions between The Leser Group ("TLG") and U.S. Bank National Association ("USB"): (1) TLG, in a statement sworn to or affirmed under penalty of perjury, by a corporate officer with authority to act for TLG, shall provide to USB on or before 5:00 p.m. on 10/1/2013 (A) a list of all assets or entities (and the number of shares and percent of shares) owned by TLG, as well as the dates TLG acquired these assets or entities, (B) the identity of the person or entity from whom TLG acquired its assets or entities, and (C) complete verified responses, and all responsive documents, to all of USB's outstanding discovery requests to TLG concerning assets or entities that may be subject to a receivership. (2) Counsel for TLG is respectfully requested to file a notice of appearance on the docket on or before 9/26/2013. (3) A telephonic conference will be held to discuss the orders for an appointment of a receiver at 3:00 p.m. on 10/2/2013. Counsel for USB is respectfully requested to provide a copy of this order to TLG on or before 9/25/2013 and to initiate the conference by calling all parties and TLG and then calling the court at 718-613-2180 when all parties and TLG are on the line. Ordered by Judge Kiyo A. Matsumoto on 9/24/2013. (Raghunathan, Abhishek)
September 20, 2013 Filing 323 Letter by The Leser Group Ltd., (Attachments: #1 Proposed Order) (Scharf, Yehuda)
September 20, 2013 Filing 322 Letter To The Hon. Kiyo A. Matsumoto, From Emily Stern, Dated 9/20/2013, With Revised Proposed Order re: Motion For A Receiver, Filed by U.S. Bank National Association (Attachments: #1 Proposed Order Ex. 1, #2 Exhibit 2) (Stern, Emily)
September 20, 2013 Filing 321 MOTION for Extension of Time to Complete Discovery - Letter to Ho. Marilyn D. Go re Agreed Amendment to Discovery Between Petitioner US Bank and Respondent Edith Leser by Edith Leser. (Ryan, Andrew)
September 20, 2013 Opinion or Order ORDER re: #320 . Due to the ongoing discussions concerning assets of The Leser Group Ltd., the parties may submit revised orders for the appointment of a receiver on or before 10/04/13. Ordered by Judge Kiyo A. Matsumoto on 9/20/2013. (Raghunathan, Abhishek)
September 20, 2013 Opinion or Order ORDER granting #321 Motion for Extension of Time to Complete Discovery. The discovery schedule jointly proposed by USB and Mrs. Leser is approved. Pre-motion letters in accordance with Judge Matsumoto's individual rules must be filed by 10/28/13 and responses by 10/31/13. A briefing schedule for summary judgment motions will be set after pre-motion letters are filed. Ordered by Magistrate Judge Marilyn D. Go on 9/20/2013. (Proujansky, Josh)
September 19, 2013 Filing 320 Letter to Judge Matsumoto dated September 19, 2013 by The Leser Group Ltd., (Scharf, Yehuda)
September 16, 2013 Filing 319 AFFIDAVIT/AFFIRMATION re #317 Response in Opposition to Motion Affidavit of Service by Edith Leser (Ryan, Andrew)
September 16, 2013 Filing 318 AFFIDAVIT/AFFIRMATION re #310 MOTION to Appoint Receiver Joinder of Edith Leser in Opposition of Abraham Leser to Motion of Petitioner US Bank to Appoint a Receiver Affidavit of Service by Edith Leser (Ryan, Andrew)
September 16, 2013 Opinion or Order ORDER re: #316 Letter filed by The Leser Group Ltd. In light of the letter filed by The Leser Group, Ltd., the parties may submit revised orders for the appointment of a receiver on or before 9/20/13. In the event a party needs additional time to submit a revised order, the party should request an extension via a letter filed on ECF. Ordered by Judge Kiyo A. Matsumoto on 9/16/2013. (Raghunathan, Abhishek)
September 13, 2013 Filing 317 RESPONSE in Opposition re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed filed by Edith Leser. (Ryan, Andrew)
September 13, 2013 Filing 316 Letter from Interested- Non Party The Leser Group Ltd., to Judge Matsumoto dated September 13, 2013 by The Leser Group Ltd., (Scharf, Yehuda)
September 13, 2013 Filing 315 REPLY in Support re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed -- Defendant U.S. Bank National Association's Reply Memorandum Of Law In Further Support Of It's Motion For The Appointment Of A Receiver, filed by U.S. Bank National Association. (Parrott, Matthew)
September 13, 2013 Filing 314 REPLY in Support re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed -- Reply Declaration Of Matthew D. Parrott In Further Support Of U.S. Bank National Association's Motion For The Appointment Of A Receiver, filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parrott, Matthew)
September 13, 2013 Filing 313 AFFIDAVIT/DECLARATION in Opposition re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed filed by Abraham Leser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Schneck, Joel)
September 13, 2013 Filing 312 MEMORANDUM in Opposition re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed Memorandum in Further Opposition filed by Abraham Leser. (Rimberg, Robert)
September 13, 2013 Filing 311 REPLY in Opposition re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed filed by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
September 11, 2013 Filing 310 MOTION to Appoint Receiver Joinder of Edith Leser in Opposition of Abraham Leser to Motion of Petitioner US Bank to Appoint a Receiver by Edith Leser. (Ryan, Andrew)
September 11, 2013 Filing 309 MEMORANDUM in Opposition re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed and Motion of the Mandel Creditors filed by Aron Mandel, as Nominee for John Does 1-20. (Attachments: #1 Declaration of Seth Eisenberger, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Eisenberger, Seth)
September 11, 2013 Filing 308 MEMORANDUM in Support re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed -- Defendant U.S. Bank National Association's Memorandum Of Law In Support Of Its Motion For The Appointment Of A Receiver, filed by U.S. Bank National Association. (Parrott, Matthew)
September 11, 2013 Filing 307 AFFIDAVIT/DECLARATION in Support re #306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed -- Declaration Of Matthew D. Parrott In Support Of U.S. Bank National Association's Motion For The Appointment Of A Receiver, filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Parrott, Matthew)
September 11, 2013 Filing 306 Notice of MOTION to Appoint Receiver , For A Turnover Order, And For A Charging Order, Filed by U.S. Bank National Association. (Attachments: #1 Proposed Order) (Parrott, Matthew)
September 11, 2013 Filing 305 MEMORANDUM in Opposition re #300 Letter Opposition to US Bank's Motion Seeking Appointment of a Receiver filed by Abraham Leser. (Rimberg, Robert)
September 3, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephonic Pre-Motion Conference held on 9/3/2013. Matthew Parrott appeared for U.S. Bank National Association ("USB"), Joel Schneck and Robert Rimberg appeared for Abraham Leser, Seth Eisenberger appeared for Aron Mandel as nominee for John Does 1-20 (the "Mandel Group"), and Andrew Ryan appeared for Edith Leser. The court DENIED the Mandel Group's motion to stay the preliminary injunction pending its appeal for the reasons provided in #288 , the Memorandum and Order granting USB's motion for a preliminary injunction and because (i) the Mandel Group has not made any new argument to show it is likely to succeed on the merits, (ii) the Mandel Group has not made any new argument showing it will be irreparably injured, (iii) issuing a stay would substantially injure USB by potentially leading to the dissipation of assets, and (iv) the Mandel Group has not shown the public interest lies in granting its request for a stay. The court also ordered the following briefing schedule for USB's motion to appoint Matthew Parrott as a receiver. All parties are to file initial motion papers, including any sample orders for the appointment of a receiver, via ECF on or before 5:00 p.m. on 9/11/13, and all parties are to file any replies via ECF on or before 5:00 p.m. on 9/13/13. (Raghunathan, Abhishek)
August 29, 2013 Opinion or Order ORDER RESCHEDULING Telephonic Pre-Motion Conference. Due to a scheduling conflict, the telephonic pre-motion conference scheduled for 9/3/13 will now take place at 2:30 p.m. on 9/3/13. Counsel for U.S. Bank National Association is respectfully requested to initiate the conference by calling all other parties and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/28/2013. (Raghunathan, Abhishek)
August 28, 2013 Filing 304 Letter From U.S. Bank National Association, Dated 8/28/13, To The Hon. Kiyo A. Matsumoto In Response To Respondent Aron Mandels Letter Requesting A Pre-Motion Conference, Filed by U.S. Bank National Association (Parrott, Matthew)
August 28, 2013 Filing 303 Letter MOTION to Adjourn Conference Scheduled for Thursday, August 29, 2013 by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
August 28, 2013 Opinion or Order ORDER granting #303 Motion to Adjourn Conference. The court will hold a telephonic conference at 3:30 p.m. on 9/3/13. Counsel for U.S. Bank National Association is respectfully requested to initiate the conference by calling all other parties and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/28/2013. (Raghunathan, Abhishek)
August 26, 2013 Opinion or Order ORDER granting #299 , #301 Motion for Pre-Motion Conference. The court will hold a telephonic conference at 3:30 p.m. on 8/29/13. Counsel for U.S. Bank National Association is respectfully requested to initiate the conference by calling all other parties and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/26/2013. (Raghunathan, Abhishek)
August 23, 2013 Filing 302 Letter of Respondent Edith Leser in Response to Plaintiff's Request For Pre-Motion Conference by Edith Leser (Ryan, Andrew)
August 23, 2013 Filing 301 Letter MOTION for pre motion conference and Opposition to U.S. Bank's Motion for a Receiver by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
August 23, 2013 Filing 300 Letter Response to Pre-Motion Letter by Abraham Leser (Rimberg, Robert)
August 20, 2013 Filing 299 Letter MOTION for pre motion conference -- Letter From Matthew D. Parrott, Dated 8/20/13, To The Hon. Kiyo A. Matsumoto Requesting A Pre-Motion Conference, Filed by U.S. Bank National Association. (Parrott, Matthew)
August 15, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 8/15/2013. Matthew Parrott and Emily Stern appeared for U.S. Bank National Association ("USB") and Seth Eisenberger appeared for Aron Mandel as nominee for certain purported creditors ("the Mandel Group"). The court ordered the Mandel Group to complete any additional discovery on the same expedited discovery schedule in place between USB and Edith Leser. USB and the Mandel Group are further ordered to discuss and jointly propose a schedule for summary judgment briefing. (Raghunathan, Abhishek)
August 14, 2013 Opinion or Order ORDER granting #298 Motion for Pre-Motion Conference. Counsel for Aron Mandel as nominee for certain purported creditors (the "Mandel Group") may discuss the summary judgment motion the Mandel Group wishes to file during the telephonic pre-motion conference scheduled for 8/15/13. Ordered by Judge Kiyo A. Matsumoto on 8/14/2013. (Raghunathan, Abhishek)
August 13, 2013 Filing 298 Letter MOTION for pre motion conference by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
August 5, 2013 Opinion or Order SCHEDULING ORDER: after the pre-motion conference is held by Judge Matsumoto, Judge Go will schedule a conference regarding discovery, if necessary. Ordered by Magistrate Judge Marilyn D. Go on 8/5/2013. (Proujansky, Josh)
August 3, 2013 Filing 297 Letter Corrected Letter from Emily Stern to Judge Go Regarding Additional Discovery on Claims Against the Mandel Group by U.S. Bank National Association (Attachments: #1 Exhibit A) (Wuertz, Allison)
August 2, 2013 Filing 296 Letter From Emily Stern, Dated August 2, 2013, To Judge Go Regarding Additional Discovery On Claims Against Mandel Group by U.S. Bank National Association (Attachments: #1 Exhibit Exhibit A) (Stern, Emily)
August 2, 2013 Filing 295 Letter /Exhibit A to Letter to Hon. Marilyn D. Go in response to Order dated July 25,2013 by Aron Mandel, as Nominee for John Does 1-20 (Eisenberger, Seth)
August 2, 2013 Filing 294 Letter to Hon. Marilyn D. Go, in Response to the Court Order dated July 25, 2013 by Aron Mandel, as Nominee for John Does 1-20 (Eisenberger, Seth)
July 31, 2013 Opinion or Order ORDER granting #293 Motion to Adjourn Conference. The telephonic pre-motion conference scheduled for 8/1/13 is adjourned. The telephonic pre-motion conference will now take place at 3:00 p.m. on 8/15/13. Ordered by Judge Kiyo A. Matsumoto on 7/31/2013. (Raghunathan, Abhishek)
July 30, 2013 Filing 293 Letter MOTION to Adjourn Conference by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
July 30, 2013 Filing 292 NOTICE OF APPEAL as to #288 Preliminary Injunction,,, by Aron Mandel, as Nominee for John Does 1-20. Filing fee $ 455, receipt number 0207-6344028. (Eisenberger, Seth)
July 30, 2013 Filing 291 Letter to Hon. Kiyo A. Matsumoto, in response to U.S. Bank's letter requesting a pre-motion conference by Aron Mandel, as Nominee for John Does 1-20 (Attachments: #1 Exhibit A) (Eisenberger, Seth)
July 30, 2013 Electronic Index to Record on Appeal sent to US Court of Appeals. #292 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)
July 30, 2013 Opinion or Order ORDER granting Pre-motion Conference re: #290 , #291 . The court will hold a telephonic pre-motion conference at 3:30 p.m. on 8/1/13 regarding U.S. Bank National Association's proposed summary judgment motion on its claims against Aron Mandel, as Nominee for John Does 1-20 ("the Mandel Group"), and Abraham Leser. Counsel for U.S. Bank National Association is respectfully requested to initiate the conference by calling counsel for the Mandel Group and Abraham Leser and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 7/30/2013. (Raghunathan, Abhishek)
July 26, 2013 Filing 290 Letter From Matthew D. Parrott, Dated 7/26/13, To The Hon. Kiyo A. Matsumoto Requesting A Pre-Motion Conference, Filed by U.S. Bank National Association (Parrott, Matthew)
July 25, 2013 Filing 289 Letter From Emily Stern, Dated 7/25/13, To The Hon. Marilyn D. Go Regarding The Scheduling Order Of July 3, 2013, Filed by U.S. Bank National Association (Stern, Emily)
July 25, 2013 Opinion or Order SCHEDULING ORDER: re #289 Letter filed by U.S. Bank National Association. The discovery schedule jointly proposed by USB and Mrs. Leser is approved. Pre-motion letters in accordance with Judge Matsumoto's individual rules must be filed by 10/7/13 and responses by 10/10/13. A briefing schedule for summary judgment motions will be set after pre-motion letters are filed. USB and the Mandel creditors must confer and file a report by 8/2/13 as to whether any additional discovery is necessary, and, if so, whether they agree to adopt the schedule set for the claims against Mrs. Leser. Ordered by Magistrate Judge Marilyn D. Go on 7/25/2013. (Proujansky, Josh)
July 18, 2013 Opinion or Order Filing 288 Order GRANTING U.S. Bank National Association's Motion for a PRELIMINARY INJUNCTION. For the reasons provided in the enclosed Memorandum & Order, the court ORDERS a preliminary injunction enjoining Aron Mandel as nominee for certain purported creditors (the "Mandel Group") and all members of the Mandel Group from executing, enforcing, selling, transferring, assigning, conveying, encumbering, or otherwise dissipating the Confession of Judgment by Abraham Leser entered in Supreme Court for the State of New York, Kings County on January 17, 2013, or any assets or rights obtained pursuant to the Confession of Judgment until U.S. Bank National Association's petition for a turnover order is resolved. Ordered by Judge Kiyo A. Matsumoto on 7/18/2013. (Raghunathan, Abhishek)
July 18, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Preliminary Injunction Hearing held on 7/18/2013. Matthew D. Parrott, Emily Stern, Gregory Johnson, and Allison Wuertz appeared for U.S. Bank National Association. Seth Eisenberger appeared for Aron Mandel, as Nominee for John Does 1-20. The parties informed the court that they did not wish to present any witness testimony. Parrott spoke on behalf of U.S. Bank National Association and Eisenberger spoke on behalf of Aron Mandel, as Nominee for John Does 1-20. The court advised the parties that it would issue a decision shortly. (Raghunathan, Abhishek)
July 17, 2013 Filing 287 Letter MOTION for Leave to File Revised Version Of Exhibit 11 To The Declaration Of Matthew D. Parrott, Dated June 19, 2013, Filed by U.S. Bank National Association. (Attachments: #1 Exhibit (revised) - Ex. 11 To Declaration Of Matthew D. Parrott) (Parrott, Matthew)
July 17, 2013 Filing 286 MEMORANDUM in Support re #242 Unsigned Order to Show Cause, #282 Memorandum in Support, #251 Order to Show Cause, #283 Declaration, SUR-SURREPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER, filed by U.S. Bank National Association. (Parrott, Matthew)
July 17, 2013 Filing 285 AFFIDAVIT/DECLARATION in Support re #284 First MOTION for Leave to File /Motion requesting that the Court accept the annexed sur-reply to address the new issues raised for the first time in U.S. Bank's Reply filed by Aron Mandel, as Nominee for John Does 1-20. (Attachments: #1 Exhibit O) (Eisenberger, Seth)
July 17, 2013 Filing 284 First MOTION for Leave to File /Motion requesting that the Court accept the annexed sur-reply to address the new issues raised for the first time in U.S. Bank's Reply by Aron Mandel, as Nominee for John Does 1-20. (Attachments: #1 Memorandum in Opposition, #2 Declaration of Seth Eisenberger, #3 Declaration of Chaim Sieger, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N) (Eisenberger, Seth)
July 17, 2013 Opinion or Order ORDER granting #284 Motion for Leave to File. The court will consider the surreply filed by Aron Mandel as Nominee for John Does 1-20. In the event U.S. Bank National Association wishes to file a sur-surreply to address any arguments made in the surreply, it should do so before 6:30 p.m. on 7/17/13. Ordered by Judge Kiyo A. Matsumoto on 7/17/2013. (Raghunathan, Abhishek)
July 17, 2013 Opinion or Order ORDER re: sur-surreply. In the court's discretion, U.S. Bank National Association may file a sur-surreply by 7:30 p.m. on 7/17/13. Ordered by Judge Kiyo A. Matsumoto on 7/17/2013. (Raghunathan, Abhishek)
July 17, 2013 Opinion or Order ORDER granting #287 Motion for Leave to File. Ordered by Judge Kiyo A. Matsumoto on 7/17/2013. (Raghunathan, Abhishek)
July 16, 2013 Filing 283 DECLARATION re #242 Unsigned Order to Show Cause, #251 Order to Show Cause, - Reply Declaration Of Matthew D. Parrott In Further Support Of Order To Show Cause For Preliminary Injunction With Temporary Restraining Order, Filed by U.S. Bank National Association (Attachments: #1 Exhibit 1-5 To Reply Declaration Of M.Parrott, #2 Exhibit 6 To Reply Declaration Of M.Parrott, #3 Exhibit 7-14 To Reply Declaration Of M.Parrott) (Parrott, Matthew)
July 16, 2013 Filing 282 MEMORANDUM in Support re #242 Unsigned Order to Show Cause, #251 Order to Show Cause, Reply Memorandum Of Law In Further Support Of Order to Show Cause For Preliminary Injunction With Temporary Restraining Order, filed by U.S. Bank National Association. (Parrott, Matthew)
July 12, 2013 Opinion or Order ORDER re: #281 . U.S. Bank National Association's request for a five page extension for its reply memorandum in support of its motion for a preliminary injunction is granted. Ordered by Judge Kiyo A. Matsumoto on 7/12/2013. (Raghunathan, Abhishek)
July 11, 2013 Filing 281 Letter To The Hon. Kiyo A. Matsumoto, From Matthew D. Parrott, Dated 7/11/2013, re: USB Witnesses -- by U.S. Bank National Association (Parrott, Matthew)
July 11, 2013 Filing 280 Letter to Hon. Kiyo A. Matsumoto, designating witnesses for the Preliminary Injunction Hearing by Aron Mandel, as Nominee for John Does 1-20 (Eisenberger, Seth)
July 11, 2013 Email Notification Test - DO NOT REPLY. (Brucella, Michelle)
July 10, 2013 Opinion or Order ORDER re: Preliminary Injunction Hearing Scheduled for 7/18/13. If a party wishes to present witnesses at the preliminary injunction hearing scheduled for 7/18/13, the party should identify the witnesses in a written submission to the court for the court's consideration via ECF no later than 5:00 p.m. on 7/11/13. Ordered by Judge Kiyo A. Matsumoto on 7/10/2013. (Raghunathan, Abhishek)
July 9, 2013 Filing 279 NOTICE by U.S. Bank National Association Notice of Withdrawal as Counsel (Menachemi, Efrat)
July 9, 2013 Filing 278 NOTICE by U.S. Bank National Association Notice of Withdrawal as Counsel (Marlow, Danielle)
July 9, 2013 Filing 277 NOTICE by U.S. Bank National Association Notice of Withdrawal as Counsel (Cooper, Steven)
July 9, 2013 Filing 276 Letter To The Hon. Kiyo A. Matsumoto, From Matthew D. Parrott, Dated 7/9/2013, In Response To Document Number 275 -- by U.S. Bank National Association (Parrott, Matthew)
July 9, 2013 Filing 275 MOTION for Protective Order by Aron Mandel, as Nominee for John Does 1-20. (Attachments: #1 Exhibit A (Document Requests), #2 Exhibit B (Responses)) (Eisenberger, Seth)
July 9, 2013 Opinion or Order ORDER denying #275 Motion for Protective Order and granting #276 Request for an Extension by U.S. Bank National Association to Submit its Reply. The motion for a protective order filed by Aron Mandel as nominee for certain creditors (the "Mandel Creditors") is denied because (i) counsel for the Mandel Creditors did not identify the potential creditor witnesses until 7/1/13, (ii) U.S. Bank National Association timely produced relevant documents after locating them in a production from Abraham Leser, (iii) the Mandel Creditors do not cite any legal authority for the proposition that they needed to be shown documents initially produced by Abraham Leser prior to a deposition of these witnesses, and (iv) the Mandel Creditors could have requested a production of such documents from Abraham Leser. Counsel for the Mandel Creditors is further advised to refrain from making motions that could be construed as frivolous. It is further ordered that U.S. Bank National Association is given an extension until 5:30 p.m. on 7/16/13 to submit its reply. Ordered by Judge Kiyo A. Matsumoto on 7/9/2013. (Raghunathan, Abhishek)
July 8, 2013 Filing 274 RESPONSE in Opposition re #270 Letter MOTION to Adjourn Conference /Hearing -- USB Respectfully Seeks A Two-Week Adjournment Of The 7/18/13 Hearing Date And A Corresponding Extension Of The Temporary Restraining Order Granted By The Court On June 20th, Filed Exhibit A filed by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
July 8, 2013 Filing 273 RESPONSE in Opposition re #270 Letter MOTION to Adjourn Conference /Hearing -- USB Respectfully Seeks A Two-Week Adjournment Of The 7/18/13 Hearing Date And A Corresponding Extension Of The Temporary Restraining Order Granted By The Court On June 20th, Filed filed by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
July 8, 2013 Filing 272 Letter Responding to US Bank's Application by Abraham Leser (Rimberg, Robert)
July 8, 2013 Filing 271 Letter From Matthew D. Parrott, Dated 7/8/13, To The Hon. Kiyo A. Matsumoto In Further Support Of USB's Letter From Friday (Doc. No. 270), Filed by U.S. Bank National Association (Attachments: #1 Exhibit 1) (Parrott, Matthew)
July 8, 2013 Opinion or Order ORDER re #271 Letter filed by U.S. Bank National Association. The court will hold a telephonic conference at 3:00 p.m. on 7/8/13 concerning defendant U.S. Bank National Association's request for an adjournment of the preliminary injunction hearing. The parties are respectfully requested to meet and confer prior to the hearing to resolve their discovery and scheduling issues if possible. U.S. Bank National Association is respectfully requested to initiate the conference by calling all other parties and then calling the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 7/8/2013. (Raghunathan, Abhishek)
July 8, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 7/8/2013. Matthew Parrott and Emily Stern appeared for U.S. Bank National Association, Joel Schneck appeared for Abraham Leser, and Seth Eisenberger appeared for the Mandel Creditors. The court denied U.S. Bank National Association's request for a two-week adjournment on the hearing for its preliminary injunction. The court ordered depositions to be held on the following dates: Chaim Sieger's deposition will be held at 10:00 a.m. on 7/9/13, Aron Mandel's deposition will be held at 10:00 a.m. on 7/12/13, Chaim Miller's deposition will be held at 10:30 a.m. on 7/10/13, Isaac Stern's deposition will be held at 2:30 p.m. on 7/10/13, and Robert Schachter's deposition will be held at 1:00 p.m. on 7/12/13. Abraham Leser's continued deposition will be held at 10:00 a.m. on 7/15/13. The court further ordered that an adverse inference will be drawn in the event a deponent fails to appear for his scheduled deposition. The court also ordered U.S. Bank National Association to provide a written response to the Mandel Creditors' Fed. R. Civ. P. 30(b)(6) notice by 12:00 p.m. on 7/11/13. The court also (i) denied the Mandel Creditors' request for the court to dissolve the temporary restraining order, and (ii) denied without prejudice the Mandel Creditors' request for U.S. Bank National Association to post a $150,000 bond. (Raghunathan, Abhishek)
July 8, 2013 Opinion or Order ORDER denying #270 Motion to Adjourn Conference pursuant to the telephone conference held on 7/8/2013. Ordered by Judge Kiyo A. Matsumoto on 7/8/2013. (Raghunathan, Abhishek)
July 5, 2013 Filing 270 Letter MOTION to Adjourn Conference /Hearing -- USB Respectfully Seeks A Two-Week Adjournment Of The 7/18/13 Hearing Date And A Corresponding Extension Of The Temporary Restraining Order Granted By The Court On June 20th, Filed by U.S. Bank National Association. (Parrott, Matthew)
July 5, 2013 Filing 269 Letter to Hon. Kiyo A. Matsumoto, With Certified Translations of Certain Exhibits Submitted in Opposition of U.S. Bank's Petition for Turnover, and it's Application for a Temporary Restraining Order and Preliminary Injunction by Aron Mandel, as Nominee for John Does 1-20 (Eisenberger, Seth)
July 3, 2013 Filing 268 Letter To The Hon. Marilyn D. Go, From Matthew D. Parrott, Dated 7/3/2013, Re: ECF Document No. 258-- by U.S. Bank National Association (Parrott, Matthew)
July 3, 2013 Filing 267 REPLY in Support Regarding Petition Schedule filed by Abraham Leser. (Schneck, Joel)
July 3, 2013 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go on 7/3/2013. Appearances by J. Schneck for plaintiff; M. Parrott and E. Stern for defendant bank; S. Eisenberger for Mandel Creditors; A. Ryan and G. Schwab for E. Leser. The Mandel Creditors must produce outstanding documents in advance of their depositions, which shall be held on 7/9/13, 7/10/13 and the mornings of 7/12/13 and 7/15/13, if possible. Parties must confer on dates for depositions of Mr. Mandel and plaintiff to be held prior to the 7/18/13 hearing, but with consideration of Mr. Mandel's medical needs. Defendant and the Mandel Creditors are encouraged to confer on preserving the status quo pending determination of priority in lieu of the hearing to enable completion of relevant discovery before the preliminary injunction hearing. Defendant and Mrs. Leser must confer and submit a proposed discovery schedule or promptly advise the Court that they are unable to reach an agreement. (Tape #FTR/C 11:10-12:04) (Proujansky, Josh)
July 2, 2013 Filing 266 Letter to Hon. Marilyn D. Go, Providing Certain Information in Advance of Telephonic Conference Scheduled for July 3, 2013 by Aron Mandel, as Nominee for John Does 1-20 (Eisenberger, Seth)
July 2, 2013 Filing 265 MEMORANDUM in Opposition re Telephone Conference,,,,,,, #242 Unsigned Order to Show Cause Opposition to U.S. Bank's Petition for Turnover, for a Temporary Restraining Order, and for a Preliminary Injunction filed by Aron Mandel, as Nominee for John Does 1-20. (Attachments: #1 Declaration of Seth Eisenberger, #2 Declaration of Chaim Sieger, #3 Declaration of Rafael Miller, #4 Declaration of Isaac Stern, #5 Declaration of Robert Shachter, #6 Exhibit A, #7 B, #8 C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M) (Eisenberger, Seth)
July 2, 2013 Filing 264 Letter From Matthew D. Parrott, Dated 7/2/2013, To The Hon. Marilyn D. Go, In Response To Judge Go's Order Of July 1, 2013 by U.S. Bank National Association (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Parrott, Matthew)
July 2, 2013 Filing 263 Letter to Hon. Marilyn D. Go, providing U.S. Bank's Discovery Responses Received to Date by Aron Mandel, as Nominee for John Does 1-20 (Attachments: #1 Exhibit A (Document Requests), #2 Exhibit B (Interrogatory Responses)) (Eisenberger, Seth)
July 2, 2013 Filing 262 CERTIFICATE OF SERVICE by Edith Leser re #260 Answer to Complaint /Petition of U.S. Bank N.A. (Ryan, Andrew)
July 1, 2013 Filing 261 First ANSWER to Complaint /Petition of U.S. Bank with Jury Demand by Aron Mandel, as Nominee for John Does 1-20. (Eisenberger, Seth)
July 1, 2013 Filing 260 Respondent Edith Leser's ANSWER to Complaint /Petition Of U.S Bank N.A. by Edith Leser. (Ryan, Andrew)
July 1, 2013 Filing 259 Answer to Turnover Petition ANSWER to Complaint by Abraham Leser. (Kallus, Mindy)
July 1, 2013 Filing 258 REPLY in Opposition to U.S. Bank's Motion to Compel, and in Support of Mandel's cross-motion to compel U.S. Bank's responses to discovery, and for other relief filed by Aron Mandel, as Nominee for John Does 1-20. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Eisenberger, Seth)
July 1, 2013 Opinion or Order ORDER granting #256 Motion for Preliminary Injunction as to Edith Leser and re: discovery and scheduling issues raised in #256 , #257 , and #258 . Based on the consent of Edith Leser to a preliminary injunction, the court ORDERS that Edith Leser is enjoined from selling, transferring, assigning, encumbering, or otherwise interfering with the 200 shares in The Leser Group Ltd. until U.S. Bank National Association's petition for a turnover order is resolved. The court respectfully refers the outstanding discovery and scheduling issues raised by the parties in #256 , #257 , and #258 to Magistrate Judge Marilyn D. Go. Ordered by Judge Kiyo A. Matsumoto on 7/1/2013. (Raghunathan, Abhishek)
July 1, 2013 Opinion or Order SCHEDULING ORDER: a telephone conference will be held before Judge Go on 7/3/13 at 11:00 a.m. regarding the issues raised in the parties' letters [256, 257, 258]. Counsel for Defendant U.S. Bank National Association is requested to initiate the telephonic hearing by coordinating a conference call with counsel and then calling the court at 718-613-2550. Ordered by Magistrate Judge Marilyn D. Go on 7/1/2013. (Proujansky, Josh)
July 1, 2013 Opinion or Order SCHEDULING ORDER: by 7/2/13, U.S. Bank must provide the Court will all discovery requests they served on the Mandel Creditors and the responses received to date and the Mandel Creditors must provide any responses they have received to date from U.S. Bank to the Mandel Creditors' discovery requests. Ordered by Magistrate Judge Marilyn D. Go on 7/1/2013. (Proujansky, Josh)
June 28, 2013 Filing 257 Letter From Mathew D. Parrott, Dated 6/28/13, to Judge Matsumoto Re. The Modification Of The Preliminary Injunction/Merits Re. Mrs. Leser And The Discovery Failures Of Defendant Aron Mandel by U.S. Bank National Association (Parrott, Matthew)
June 28, 2013 Opinion or Order ORDER re: #257 Letter From Matthew D. Parrott, Dated 6/28/13, to Judge Matsumoto. Counsel for Defendant Aron Mandel as Nominee for John Does 1-20 (the "Unsecured Creditor Defendants") is ORDERED to reply via ECF by 12:00 p.m. on 7/1/13 concerning the discovery issues raised in #257 the letter from Matthew D. Parrott dated 6/28/13 and explain why the court should not (i) order the Unsecured Creditor Defendants to immediately respond to U.S. Bank National Association's discovery demands or be precluded from offering evidence that is not disclosed reasonably in advance of the 7/18/13 hearing, and (ii) draw an adverse inference against the Unsecured Creditor Defendants concerning the legitimacy of the debts purportedly underlying the Confession of Judgment to the extent the Unsecured Creditor Defendants fail to produce documents concerning the legitimacy of the purported underlying debts. Ordered by Judge Kiyo A. Matsumoto on 6/28/2013. (Raghunathan, Abhishek)
June 26, 2013 Filing 256 MOTION for Extension of Time to File Response/Reply as to #251 Order to Show Cause, Consent to Preliminary Injunction by Edith Leser. (Ryan, Andrew)
June 26, 2013 Filing 255 NOTICE of Appearance by Andrew J. Ryan on behalf of Edith Leser (aty to be noticed) (Ryan, Andrew)
June 24, 2013 Filing 254 TRANSCRIPT of Proceedings held on June 20, 2013, before Judge Matsumoto. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/23/2013. (Rocco, Christine)
June 21, 2013 Filing 253 AFFIDAVIT of Service for Notice Of Petition & Petiton With Supporting Papers; And Order To Show Cause, and Memorandum of Law With Supporting Papers served on Edith Leser and Aron Mandel on 6/19/2013, filed by U.S. Bank National Association. (Parrott, Matthew)
June 21, 2013 Filing 252 NOTICE by U.S. Bank National Association re #251 Order to Show Cause, Notice Of Service Of Order To Show Cause And Signed Order To Show Cause, Dated 6/20/2013; with (Attachments: #1 AFFIDAVIT OF SERVICE OF ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, OF THE HON. KIYO A. MATSUMOTO, DATED JUNE 20, 2013 with TEMPORARY RESTRAINING ORDER) (Parrott, Matthew)
June 20, 2013 Opinion or Order Filing 251 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER re #242 , #248 . Counsel for U.S. Bank National Association is respectfully requested to serve a copy of this Order via Federal Express on Edith Leser at 1481 47th Street, Brooklyn, New York, 11219, on or before June 21, 2013, and file a certificate of service on or before June 22, 2013. Ordered by Judge Kiyo A. Matsumoto on 6/20/2013. (Raghunathan, Abhishek)
June 20, 2013 Filing 250 NOTICE of Appearance by Seth Eisenberger on behalf of Aron Mandel, as Nominee for John Does 1-20 (aty to be noticed) (Eisenberger, Seth)
June 20, 2013 Opinion or Order ORDERED that the hearing on the turnover order that had been scheduled for 7/11/13 is CANCELED. Ordered by Judge Kiyo A. Matsumoto on 6/20/2013. (Raghunathan, Abhishek)
June 20, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 6/20/2013. Matthew Parrott, Esq., Emily Stern, Esq., and Gregory Johnson, Esq., appeared for U.S. Bank National Association, Seth Eisenberger, Esq., appeared for Aron Mandel as nominee for John Does 1-20, Robert Rimberg, Esq., and Joel Schneck, Esq., appeared for Abraham Leser, and Edith Leser did not appear after receiving adequate notice of the hearing. The court ORDERED that Edith Leser and Aron Mandel as nominee for John Does 1-20 show cause on July 18, 2013, at 12:00 p.m. at Courtroom N6G, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, 11201 as to why an order should not be issued pursuant to Fed. R. Civ. P. 65 for a preliminary injunction against Edith Leser and Aron Mandel as nominee for John Does 1-20. The court further ORDERED that, pending the July 18, 2013 hearing, that Edith Leser is restrained from selling, transferring, assigning, encumbering, or otherwise interfering with the 200 shares in The Leser Group Ltd. The court further ORDERED that, pending the July 18, 2013 hearing, that Aron Mandel as nominee for John Does 1-20 is restrained from selling, transferring, assigning, encumbering, or otherwise dissipating the Confession of Judgment entered against Abraham Leser in Supreme Court for the State of New York, Kings County on January 17, 2013, or any assets pursuant to the Confession of Judgment.The court further ORDERED that answering papers be served and filed on or before July 2, 2013, and that reply papers be served and filed on or before July 12, 2013. The court ORDERED that a hearing will be held before the court on July 18, 2013 at 12:00 p.m. before the Honorable Kiyo A. Matsumoto, United States District Judge, at Courtroom N6G, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. (Raghunathan, Abhishek)
June 19, 2013 Filing 249 Letter Dated June 19, 2013, Re: Notification Of Telephonic Hearing With Respect To Order To Show Cause For Preliminary Injunction With Temporary Restraining Order Set For June 20, 2013 at 3:30 p.m., Filed by U.S. Bank National Association (Stern, Emily)
June 19, 2013 Filing 248 MEMORANDUM in Support re #242 Unsigned Order to Show Cause filed by U.S. Bank National Association. (Parrott, Matthew)
June 19, 2013 Filing 247 DECLARATION re #242 Unsigned Order to Show Cause , Of Rachael McDonald by U.S. Bank National Association (Attachments: #1 Exhibit 1 To Declaration of Rachael McDonald, #2 Exhibit 2 To Declaration of Rachael McDonald, #3 Exhibit 3-7 To Declaration of Rachael McDonald) (Parrott, Matthew)
June 19, 2013 Filing 246 DECLARATION re #242 Unsigned Order to Show Cause Of Matthew D. Parrott, In Support, Filed by U.S. Bank National Association (Attachments: #1 Exhibit 11-27 Of Parrott Declaration) (Parrott, Matthew)
June 19, 2013 Filing 245 DECLARATION re #242 Unsigned Order to Show Cause Of Matthew D. Parrott, In Support, Filed by U.S. Bank National Association (Attachments: #1 9-10 Of Parrott Declaration) (Parrott, Matthew)
June 19, 2013 Filing 244 DECLARATION re #242 Unsigned Order to Show Cause Of Matthew D. Parrott, In Support, Filed by U.S. Bank National Association (Attachments: #1 Exhibit 8 Of Parrott Declaration) (Parrott, Matthew)
June 19, 2013 Filing 243 DECLARATION re #242 Unsigned Order to Show Cause Of Matthew D. Parrott, In Support, Filed by U.S. Bank National Association (Attachments: #1 Exhibit 1-7 Of Parrott Declaration) (Parrott, Matthew)
June 19, 2013 Filing 242 Unsigned Order to Show Cause For Preliminary Injunction With Temporary Restraining Order, Filed by U.S. Bank National Association (Parrott, Matthew)
June 19, 2013 Filing 241 NOTICE by U.S. Bank National Association Of Petition For Payment Or Delivery Of Property Of The Judgment Debtor Pursuant To F.R.C.P. 69(a)(1) And C.P.L.R. 5225(b); with (Attachments: #1 Petition For Payment Or Delivery Of Property Of The Judgment Debtor, #2 Exhibit 1-11) (Parrott, Matthew)
June 19, 2013 Filing 240 Letter Dated June 19, 2013, Regarding The Filing Of Notice of Petition and Petition, With Supporting Papers; and Filing Of Proposed Order To Show Cause For Preliminary Injuction and Temporary Restraining Order, with Supporting Papers, Filed by U.S. Bank National Association (Parrott, Matthew)
June 19, 2013 Filing 239 NOTICE of Appearance by Emily Stern on behalf of U.S. Bank National Association (aty to be noticed) (Stern, Emily)
June 19, 2013 Filing 238 NOTICE of Appearance by Allison Michele Wuertz on behalf of U.S. Bank National Association (aty to be noticed) (Wuertz, Allison)
June 19, 2013 Opinion or Order Order re #242 and #248 , Proposed Order to Show Cause for Preliminary Injunction with Temporary Restraining Order. The court will hold a telephonic hearing on Defendant U.S. Bank National Association's Proposed Order to Show Cause for Preliminary Injunction with Temporary Restraining Order at 3:30 p.m. on 6/20/13. Counsel for Defendant U.S. Bank National Association is respectfully requested to notify Edith Leser and Aron Mandel, or counsel for those parties in the event they have retained counsel, by telephone and inform them of the contents of this order by 10:00 p.m. on 6/19/13. Counsel for Defendant U.S. Bank National Association is further requested to initiate the telephonic hearing by calling Edith Leser and Aron Mandel, or counsel for those parties in the event they have retained counsel, and counsel for Abraham Leser in the event that counsel for Abraham Leser wishes to participate in the hearing, and then calling the court at 718-613-2180 at 3:30 p.m. on 6/20/13. Ordered by Judge Kiyo A. Matsumoto on 6/19/2013. (Raghunathan, Abhishek)
June 17, 2013 Filing 237 NOTICE by Abraham Leser Consenting to withdrawal of Hoffinger Stern & Ross, LLP and continuing with representation by Goldberg & Rimberg, PLLC (Geisler, Mark)
June 17, 2013 Filing 236 Letter Letter to Court re post-trial motion by Abraham Leser (Kallus, Mindy)
June 17, 2013 Filing 235 NOTICE of Appearance by Robert L. Rimberg on behalf of Abraham Leser (aty to be noticed) (Rimberg, Robert)
June 17, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 6/17/2013 in response to #234 , letter requesting a pre-motion conference. Plaintiff appeared by Robert L. Rimberg, Esq. Defendant appeared by Matthew D. Parrott, Esq. The court ordered the following briefing schedule for Defendant's petition for a turnover order pursuant to Fed. R. Civ. P. 69(a)(1) and CPLR 5225(b): (i) Defendant will serve and file its petition for a turnover order on or before 6/19/13, (ii) Plaintiff will serve and file its opposition to Defendant's petition for a turnover order on or before 7/1/13, and (iii) Defendant will serve and file its reply on or before 7/3/13. The court also ordered that a hearing on the turnover order will be held from 12:30 p.m. to 3:30 p.m. on 7/11/13. (Raghunathan, Abhishek)
June 14, 2013 Filing 234 Letter To The Hon. Kiyo A. Matsumoto, From Matthew D. Parrott, Dated 6/14/2013, Requesting A Pre-Motion Conference, Filed by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B- Proposed Order, #3 Affidavit of Service) (Parrott, Matthew)
June 13, 2013 Filing 233 NOTICE of Appearance by Mindy L. Kallus on behalf of Abraham Leser (aty to be noticed) (Kallus, Mindy)
May 31, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 5/31/2013. Plaintiff appeared by Joel Schneck, Esq., and Mindy Kallus, Esq. (who is ordered to note her appearance on the docket of this case forthwith). Defendant appeared by Steven Cooper, Esq., and Matthew Parrott, Esq. The court directed plaintiff to research whether his proposed motion for a new trial under Fed. R. Civ. P. 59 was (i) not made for an improper purpose, (ii) warranted by existing law, and (iii) supported by the factual record. The court advised plaintiff to notify the court immediately via ECF if he decides not to pursue a motion for a new trial. The court also granted plaintiff's motion #232 for an Extension of Time to File Post-Trial Motion and ordered the following briefing schedule: (i) on or before 6/21/2013, plaintiff will serve its motion for a new trial, (ii) on or before 7/19/2013, defendant will serve its opposition to plaintiff's motion for a new trial, and (iii) on or before 7/26/2013 plaintiff will serve its reply in support of its motion for a new trial. The parties shall file their motion papers when the motion is fully briefed on 7/26/2013 and provide two courtesy copies to chambers. (Raghunathan, Abhishek)
May 31, 2013 Opinion or Order ORDER granting #232 Motion for Extension of Time to File. As stated in the Minute Entry for the Telephone Conference held on 5/31/2013, (i) on or before 6/21/2013, plaintiff will serve its motion for a new trial, (ii) on or before 7/19/2013, defendant will serve its opposition to plaintiff's motion for a new trial, and (iii) on or before 7/26/2013 plaintiff will serve its reply in support of its motion for a new trial. The parties shall file their motion papers when the motion is fully briefed on 7/26/2013 and provide two courtesy copies to chambers. Ordered by Judge Kiyo A. Matsumoto on 5/31/2013. (Raghunathan, Abhishek)
May 30, 2013 Opinion or Order ORDER deferring ruling on #232 Plaintiff's Motion for Extension of Time to File post trial motion; The plaintiff is ordered to arrange a telephone conference with defense counsel and the court on May 31, 2012 at 12:00 noon. When all parties are on the line, plaintiff may call chambers at 718 613 2180. Ordered by Judge Kiyo A. Matsumoto on 5/30/2013. (Matsumoto, Kiyo)
May 29, 2013 Filing 232 MOTION for Extension of Time to File Post-Trial Motion by Abraham Leser. (Schneck, Joel)
May 10, 2013 Opinion or Order Filing 231 JUDGMENT: Judgment is hereby entered in favor of USB and against Leser in the amount of $52,946,419.15. Interest on this amount shall accrue after the date of entry of judgment at the federal post-judgment statutory rate provided by 28 U.S.C. 1961(a) to the date the judgment is satisfied. Ordered by Judge Kiyo A. Matsumoto on 5/10/2013. (Williams-Jackson, Sandra)
May 10, 2013 Opinion or Order Filing 230 ORDER granting #196 Motion for Attorney Fees; granting #199 Motion for Attorney Fees. For the reasons set forth in the attached Memorandum and Order, the court awards USB (i) $23,435,780.94 in principal, late charges, and interest due and owing on the Philadelphia loan, which will accrue per diem interest at the rate of $3,754.19431 on each day after May 10, 2013 until judgment is entered; (ii) $27,582,192.77 in principal, late charges, and interest due and owing on the Seattle loan, which will accrue per diem interest at the rate of $4,433.61 on each day after May 10, 2013 until judgment is entered; (iii) $1,836,491.40 in attorneys fees and; (iv) $91,954.04 in costs. The clerk of court is respectfully requested to enter judgment in the amounts set forth above in favor of USB and against Leser. Interest shall accrue on that amount after the date of entry of judgment at the federal post-judgment statutory rate provided by 28 U.S.C. 1961(a) to the date the judgment is satisfied. The clerk of court is further respectfully requested to close this case. Ordered by Judge Kiyo A. Matsumoto on 5/10/2013. (Kelley, Jamuna)
May 10, 2013 Filing 229 Letter by U.S. Bank National Association (Menachemi, Efrat)
May 9, 2013 Opinion or Order ORDER re: Defendant's May 3, 2013 letter #226 and Affidavit of Gregg Gehrke #227 . Defendant is hereby ordered to, on or before 5:00 p.m. on Friday, May 10, 2013, file a letter setting forth the updated principal and interest due and owing on the loans without the addition of the $94,225 advance to the receiver on the Seattle property made on April 26, 2013, as referenced in defendant's 5/2/13 submissions. Defendant may opt to recalculate the amounts due up to May 3, 2013 or as of May 10, 2013. Ordered by Judge Kiyo A. Matsumoto on 5/9/2013. (Kelley, Jamuna)
May 3, 2013 Filing 228 Letter in response to ECF 226, 227 by Abraham Leser (Geisler, Mark)
May 3, 2013 Filing 227 AFFIDAVIT in Support re #226 Letter by U.S. Bank National Association. (Attachments: #1 Exhibit A) (Menachemi, Efrat)
May 3, 2013 Filing 226 Letter by U.S. Bank National Association (Menachemi, Efrat)
May 1, 2013 Opinion or Order ORDER granting #224 Motion for Discovery; granting #224 Motion for Extension of Time to Complete Discovery. The parties' stipulation to extend the time to take plaintiff's deposition and to produce documents #224 is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 5/1/2013. (Kelley, Jamuna)
May 1, 2013 Opinion or Order ORDER re #218 Affidavit in Support of Motion filed by U.S. Bank National Association. Defendant is ordered to, on or before, 5/3/2013, file a letter via ECF updating the court as to (i) the LIBOR rates for May 2013; and (ii) defendant's requested total amount of principal, interest, and late fees for each loan as of that date. Ordered by Judge Kiyo A. Matsumoto on 5/1/2013. (Kelley, Jamuna)
April 30, 2013 Filing 225 Letter From Matthew D. Parrott, Dated 4/30/13, To Judge Matsumoto Re. Proposed Stipulation Further Amending Schedule of Pre-Judgment Discovery by U.S. Bank National Association (Parrott, Matthew)
April 30, 2013 Filing 224 MOTION for Discovery , MOTION for Extension of Time to Complete Discovery Proposed Stipulation Further Amending Schedule of Pre-Judgment Discovery by U.S. Bank National Association. (Parrott, Matthew)
April 10, 2013 Opinion or Order ORDER granting in part and denying in part #223 Motion for Extension of Time to File. Plaintiff's motion to set a deadline of 4/12/13 to inform the court of whether he intends to seek permission to file a response to defendant's 4/5/13 submission #223 is granted in part and denied in part. Plaintiff is permitted to file a response to defendant's 4/5/13 submission on or before 4/12/13, and extensions of time to file such a response will not be entertained in the absence of extraordinary circumstances. Ordered by Judge Kiyo A. Matsumoto on 4/10/2013. (Kelley, Jamuna)
April 9, 2013 Filing 223 MOTION for Extension of Time to File Request for Permission to file any opposition to ECF 222 by Abraham Leser. (Stern, Stephen)
April 5, 2013 Filing 222 Letter by U.S. Bank National Association (Menachemi, Efrat)
April 3, 2013 Opinion or Order ORDER re #218 Affidavit in Support of Motion filed by U.S. Bank National Association. Defendant is ordered to, on or before, 4/15/2013, file a letter or other appropriate pleading via ECF updating the court as to (i) the LIBOR rates for April 2013; and (ii) defendant's requested total amount of principal, interest, and late fees for each loan as of that date. Plaintiff may not file a response to this submission without first seeking court approval. Ordered by Judge Kiyo A. Matsumoto on 4/3/2013. (Kelley, Jamuna)
April 1, 2013 Filing 221 NOTICE of Appearance by Joel Steven Schneck on behalf of Abraham Leser (aty to be noticed) (Schneck, Joel)
March 29, 2013 Filing 220 STIPULATION -- Proposed Stipulation Re: Schedule For Pre-Judgment Discovery, Filed by U.S. Bank National Association (Parrott, Matthew)
March 29, 2013 Opinion or Order ORDER re #220 Stipulation filed by U.S. Bank National Association. The parties' stipulation to extend the time for plaintiff to provide discovery regarding his finances is extended as set forth in the within Stipulation #220 , which is deemed SO ORDERED. Co-counsel for plaintiff is also ordered to promptly file a notice of appearance in this case. Ordered by Judge Kiyo A. Matsumoto on 3/29/2013. (Kelley, Jamuna)
March 18, 2013 Filing 219 AFFIDAVIT/DECLARATION in Support re #199 Notice of MOTION for Attorney Fees Interest and Costs of Steven Cooper filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Menachemi, Efrat)
March 18, 2013 Filing 218 AFFIDAVIT/DECLARATION in Support re #196 MOTION for Attorney Fees Interest and Costs of Gregg Gehrke filed by U.S. Bank National Association. (Menachemi, Efrat)
March 18, 2013 Filing 217 REPLY in Support re #196 MOTION for Attorney Fees Interest and Costs filed by U.S. Bank National Association. (Menachemi, Efrat)
March 8, 2013 Filing 216 MEMORANDUM in Opposition re #196 MOTION for Attorney Fees Interest and Costs, #199 Notice of MOTION for Attorney Fees Interest and Costs filed by Abraham Leser. (Geisler, Mark)
March 7, 2013 Opinion or Order Filing 215 ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Memorandum and Order, the court adopts Magistrate Judge Go's Report and Recommendation dated 2/21/13 #213 in its entirety. Defendants motion for prejudgment relief is granted as follows: (1) plaintiff is hereby restrained from selling, transferring, assigning or interfering with any assets he directly owns or in which he has an interest until judgment is entered in this case; and (2) plaintiff is hereby ordered to appear for a deposition and produce documents concerning his finances on a date mutually agreeable to all parties and no later than within 30 days of entry of this Order. Ordered by Judge Kiyo A. Matsumoto on 3/7/2013. (Kelley, Jamuna)
March 4, 2013 Filing 214 OBJECTION to #213 Report and Recommendations filed by Abraham Leser. (Geisler, Mark)
February 21, 2013 Opinion or Order Filing 213 REPORT AND RECOMMENDATIONS re #209 . I respectfully recommend the entry of an order that plaintiff is restrained from selling, transferring, assigning or interfering with any assets he directly owns or in which he has an interest until judgment is entered. I further recommend that plaintiff be ordered to appear for a deposition and produce documents concerning his finances and assets within 30 days. Objections to R&R due by 3/4/2013. Ordered by Magistrate Judge Marilyn D. Go on 2/21/2013. (Proujansky, Josh)
February 21, 2013 NOTICE: the telephone conference scheduled for 2/21/13 at 5:00 p.m. is canceled. (Proujansky, Josh)
February 21, 2013 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go:Show Cause Hearing held on 2/19/2013. Appearances by S. Stern and M. Geisler for plaintiff; M. Parrott and G. Johnson for defendant. Argument heard regarding defendants' application for a restraining order and discovery. Decision reserved. Parties may supplement their submissions by 2/20/13 at 2:00 p.m. Next conference scheduled for 2/21/13 at 5:00 p.m. (by tel.) (Tape #FTR 2:52-3:17) (Proujansky, Josh)
February 19, 2013 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Show Cause Hearing held on 2/19/2013. Appearances by S. Stern and M. Geisler for plaintiff; M. Parrott and G. Johnson for defendant. Argument heard regarding defendants' application for a restraining order and discovery. Decision reserved. Parties may supplement their submissions by 2/20/13 at 2:00 p.m. Next conference scheduled for 2/21/13 at 5:00 p.m. (by tel.). (FTR#: 2:52-3:17). (Abdallah, Fida)
February 19, 2013 Filing 212 MEMORANDUM in Support re #209 Order to Show Cause, Reply Memorandum Of Law In Further Support Of Motion For Pre-Judgment Enforcement, filed by U.S. Bank National Association. (Parrott, Matthew)
February 15, 2013 Filing 211 MEMORANDUM in Opposition re #209 Order to Show Cause, filed by Abraham Leser. (Geisler, Mark)
February 12, 2013 Filing 210 NOTICE by U.S. Bank National Association re #209 Order to Show Cause, Notice Of Service Of Order To Show Cause, With Copy Of Signed Order To Show Cause Dated 2/12/2013, Filed By (Parrott, Matthew)
February 12, 2013 Opinion or Order Filing 209 ORDER TO SHOW CAUSE: A Show Cause Hearing will be held on 2/19/2013 at 2:00 p.m. Courtroom 11C South before Magistrate Judge Marilyn D. Go. Show Cause Response due by 2/15/2013. Reply, if any, due by 2/19/13 by 12:00 noon. Ordered by Magistrate Judge Lois Bloom on 2/12/2013. See attached for details. (Abdallah, Fida)
February 11, 2013 Filing 208 MEMORANDUM in Support re #206 Unsigned Order to Show Cause -- Defendant U.S. Bank National Association's Memorandum Of Law In Support Of Motion For Pre-Judgment Enforcement, filed by U.S. Bank National Association. (Parrott, Matthew)
February 11, 2013 Filing 207 DECLARATION re #206 Unsigned Order to Show Cause -- Declaration Of Matthew D. Parrott In Support Of Order To Show Cause For Pre-Judgment Enforcement, Filed by U.S. Bank National Association (Attachments: #1 Exhibit 1 - Leser Complaint, #2 Exhibit 2 - USB Answer, #3 Exhibit 3 - Jury Verdict, #4 Exhibit 4 - Deposition Transcript, #5 Exhibit 5 - Trial Transcript, #6 Exhibit 6 - Email Chain, #7 Exhibit 7 - Financials) (Parrott, Matthew)
February 11, 2013 Filing 206 Unsigned Order to Show Cause -- Proposed Order To Show Cause For Pre-Judgment Enforcement, Filed by U.S. Bank National Association (Parrott, Matthew)
February 11, 2013 Filing 205 NOTICE of Appearance by Matthew D. Parrott on behalf of U.S. Bank National Association (aty to be noticed) (Parrott, Matthew)
February 11, 2013 Filing 204 NOTICE of Appearance by Gregory Charles Johnson on behalf of U.S. Bank National Association (aty to be noticed) (Johnson, Gregory)
February 8, 2013 Filing 203 AFFIDAVIT/AFFIRMATION re #198 Affidavit Supplemental Affidavit of Gregg Gehrke in Support of Motion for Interest, Attorneys' Fees and Costs by U.S. Bank National Association (Menachemi, Efrat)
February 8, 2013 Filing 202 AFFIDAVIT/AFFIRMATION re #197 Affidavit Supplemental Affidavit of Steven Cooper in Support of Motion for Interest, Attorneys' Fees, Costs by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Menachemi, Efrat)
January 31, 2013 Opinion or Order ORDER granting #201 Motion for Extension of Time to File post-trial Submission. In light of plaintiff's letter dated 1/29/13 responding to defendant's motion for interest, attorneys' fees, and costs #200 , requesting an extension of time to respond to defendant's proposed supplemental submissions (as detailed in defendant's motion filed 1/28/13 #196 #197 #198 #199 ), the court grants defendant's motion to extend the overall post-trial briefing schedule #201 based on (i) the apparent need for a supplemental submission and (ii) the fact that defendant's proposed extended dates encompass the additional response time requested by plaintiff in its 1/29/13 letter. Thus, it is hereby ordered that: (1) on or before 2/8/2013, defendant shall file and serve its supplemental submission; (2) on or before 3/8/2013, plaintiff shall file and serve its opposition; and (3) on or before 3/18/2013, defendant shall file and serve its reply, if any. There is no need for defendant to withdraw and re-file its current motion, although the court appreciates the courtesy. The parties are reminded to kindly provide to chambers two courtesy copies of all materials filed electronically. Ordered by Judge Kiyo A. Matsumoto on 1/31/2013. (Kelley, Jamuna)
January 30, 2013 Filing 201 MOTION for Extension of Time to File supplemental submissions by U.S. Bank National Association. (Menachemi, Efrat)
January 29, 2013 Filing 200 Letter regarding defendant's/counterclaim plaintiff's application for interest, attorneys' fees and costs by Abraham Leser (Geisler, Mark)
January 28, 2013 Filing 199 Notice of MOTION for Attorney Fees Interest and Costs by U.S. Bank National Association. (Menachemi, Efrat)
January 28, 2013 Filing 198 AFFIDAVIT/AFFIRMATION re #196 MOTION for Attorney Fees Interest and Costs of Gregg Gehrke by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B) (Menachemi, Efrat)
January 28, 2013 Filing 197 AFFIDAVIT/AFFIRMATION re #196 MOTION for Attorney Fees Interest and Costs of Steven Cooper by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Menachemi, Efrat)
January 28, 2013 Filing 196 MOTION for Attorney Fees Interest and Costs by U.S. Bank National Association. (Menachemi, Efrat)
January 24, 2013 Opinion or Order ORDER denying #195 Motion for Leave to Electronically File Document under Seal. Defendant's motion to file its post-trial submission regarding attorneys' fees, interest, and costs under seal is respectfully denied without prejudice to renew upon (1) a detailed explanation as to what kind of confidential information would be revealed if the submission is not filed under seal; and (2) an explanation of how defendant would provide to plaintiff the proposed sealed material in a manner that allows plaintiff to access any sealed material needed to draft a responsive submission (for example, pursuant to a mutually-agreeable protective order). Ordered by Judge Kiyo A. Matsumoto on 1/24/2013. (Kelley, Jamuna)
January 23, 2013 Filing 195 MOTION for Leave to Electronically File Document under Seal by U.S. Bank National Association. (Menachemi, Efrat)
January 23, 2013 Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 11, 2013, before Judge Matsumoto. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. 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 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (Tolkin, Ronald)
January 23, 2013 Filing 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 10, 2013, before Judge Matsumoto. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. 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 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (Tolkin, Ronald)
January 23, 2013 Filing 192 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 9, 2013, before Judge Matsumoto. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. 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 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (Tolkin, Ronald)
January 23, 2013 Filing 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 8, 2013, before Judge Matsumoto. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. 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 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (Tolkin, Ronald)
January 23, 2013 Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 7, 2013, before Judge Matsumoto. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. 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 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (Tolkin, Ronald)
January 14, 2013 Filing 189 JURY VERDICT. (Brucella, Michelle)
January 14, 2013 Filing 188 COURT'S EXHIBITS 5, 7, 7A, 7A-1, 7A-2, 7A-3, 7A-4, 8, 8A, 9, 9A, 10, filed in hard copy. (Brucella, Michelle)
January 14, 2013 Filing 187 EXHIBIT AND WITNESS LIST. (Brucella, Michelle)
January 14, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial completed on 1/14/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Court Security sworn and jury deliberations began. Verdict rendered in favor of U.S. Bank National Association. The jurors were polled and dismissed. The parties shall adhere to the following briefing schedule for post trial submissions: The defendant shall serve and file its motion for attorneys' fees, costs and interests by 1/28/13, the plaintiff shall serve his opposition by 2/14/13, and the defendant shall serve its reply by 2/26/13. The court respectfully requests that the motion papers shall be filed via ECF and provide two courtesy copies to the court.(Court Reporter Richard Barry.) (Williams-Jackson, Sandra)
January 11, 2013 Filing 185 EXHIBIT. The within verdict form has been marked as Court Exhibit 4B, and supercedes the previous document marked as Court Exhibit 4A. (Kelley, Jamuna)
January 11, 2013 Filing 184 FINAL revised Jury Instructions. The within final revised jury instructions are marked as Court Exhibit 4, and supercede the previous version marked as Court Exhibit 2 #183 . Additionally, the within final verdict form is marked as Court Exhibit 4a, and supercedes the previous document marked as Court Exhibit 3. (Attachments: #1 Verdict Form Ex 4a) (Kelley, Jamuna)
January 11, 2013 Filing 183 Jury Instructions. The within jury instructions are marked as Court Exhibit 2. Also attached herein is the verdict form marked as Court Exhibit 3. (Attachments: #1 Verdict Form) (Kelley, Jamuna)
January 11, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 1/11/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Defendant's Rule 50 motion was denied for the reasons stated on the record. Defendant's witness Gregg Gehrke sworn, testified and crossed. Exhibits marked and entered. Defendant rested and Closing arguments heard from both sides. Jury Charged, and retired for the day. Jury deliberations will begin on 1/15/13 at 9:00am. (Court Reporter Ron Tolkin.) (Williams-Jackson, Sandra)
January 11, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 1/10/2013: Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Plaintiff's depositions and defendant's counter designations and stipulations read, plaintiff rested, defendant's Rule 50 motion heard and decision reserved, plaintiff's witnesses Whitt and Tytell sworn, testified and crossed. Exhibits marked and entered. Charging conference held and parties permitted to submit proposed revisions to charges by 9 p.m. on 1/10/13. Jury trial to be continued on 1/11/2013 at 9:00am. (Court Reporter Ron Tolkin.) (Matsumoto, Kiyo)
January 10, 2013 Filing 182 Proposed Jury Instructions by Abraham Leser (Geisler, Mark)
January 10, 2013 Filing 181 Proposed Jury Instructions by U.S. Bank National Association (Menachemi, Efrat)
January 10, 2013 Filing 180 Jury Instructions. The within jury instructions are marked as Court Exhibit 1. (Kelley, Jamuna)
January 9, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 1/9/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Plaintiff's witness Eli Verschleiser sworn, testified and crossed. Exhibits marked and entered. Jury trial to be continued on 1/10/2013 at 9:00am. (Court Reporter Ron Tolkin.) (Williams-Jackson, Sandra)
January 8, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 1/8/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Plaintiff's witnesses Robert Lovy, Chaya Schlafig and Chaim Miller sworn, testified and crossed. Exhibits marked and entered. Jury trial to be continued on 1/9/2013 at 9:00am. (Court Reporter Ron Tolkin.) (Williams-Jackson, Sandra)
January 7, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial continued on 1/7/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Plaintiff's witnesses Robert Baier and Jesse Stein sworn, testified and crossed. Exhibits marked and entered. Jury trial to be continued on 1/8/2013 at 9:00am. (Court Reporter Ron Tolkin.) (Williams-Jackson, Sandra)
January 6, 2013 Filing 179 NOTICE by U.S. Bank National Association and Abraham Leser re: Revised List of Deposition Designations and Objections (Menachemi, Efrat)
January 4, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 1/4/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Plaintiff Leser's testimony continued and crossed. Exhibits marked and entered. Jury trial to be continued on 1/7/2013 at 9:00am (Court Reporter Charlene Heading.) (Williams-Jackson, Sandra)
January 4, 2013 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: A Status Conference regarding the parties' proposed deposition designations was held on 1/4/2013. Stephen Stern, Esq. and Mark Geisler, Esq. appeared for the plaintiff, and Steven Cooper, Esq. and Harry Rimm, Esq. appeared for defendant. After discussing the designations and objections previously proposed by plaintiff, the parties agreed to work together to limit their respective objections and revise their initial designations and counter-designations. The parties will submit revised designations, counter-designations, and their respective objections to the revised designations and counter-designations to the court via ECF by 6pm on Sunday, January 6, 2013. Additionally, the parties are directed to provide two courtesy copies of the accompanying revised witness deposition transcripts to the court on Monday, January 7, 2013, prior to the start of trial on that day. The court also scheduled the charging conference in this case to begin at 6pm on Wednedsay, January 9, 2013 in courtroom 6GN before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 1/4/13. (Court Reporter Anthony Mancuso.) (Kelley, Jamuna)
January 3, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial continued on 1/3/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. All jurors were present. Plaintiff Leser's testimony continued. Exhibits marked and entered. Jury trial to be continued on 1/4/2013 at 9:00am. (Court Reporter Charlene Heading.) (Williams-Jackson, Sandra)
January 2, 2013 Filing 186 JURY PANEL. (Brucella, Michelle)
January 2, 2013 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection held on 1/2/2013, Voir Dire, and Jury Trial held on 1/2/2013. Appearances:Stephen Stern,Esq. and Mark William Geisler,Esq. appeared with the plaintiff. Steven Cooper,Esq. Efrat Menachemi,Esq. and Harry Rimm,Esq. represented U.S. Bank National Association. Case called. Jury selected. Trial began. Opening statements heard from both sides. Plaintiff sworn, and testified. Exhibits marked and entered. Jury Trial to be continued on 1/3/2013 at 9:00am. (Court Reporter Charlene Heading.) (Williams-Jackson, Sandra)
December 31, 2012 Filing 178 Letter requesting permission to appear at trial by Robert Lovy (Schonfeld, Simcha)
December 29, 2012 Opinion or Order Filing 177 ORDER re Order on Motion in Limine. For the reasons stated in the within Memorandum and Order, and for the reasons already explained by the court in its Order dated 12/27/12, plaintiff's remaining objections to defendant's proposed trial exhibits #126 are granted in part and denied in part in accordance with the accompanying Memorandum and Order. Ordered by Judge Kiyo A. Matsumoto on 12/29/2012. (Kelley, Jamuna)
December 27, 2012 Filing 176 Letter by U.S. Bank National Association (Menachemi, Efrat)
December 27, 2012 Opinion or Order ORDER granting in part and denying in part #150 Defendant's Motion in Limine regarding Schlafrig testimony; finding as moot #152 Defendant's Motion in Limine regarding testimony by plaintiff's witnesses Furst and Stahl; granting in part and denying in part #156 Plaintiff's Motion in Limine: For the reasons stated on the record at the final pretrial conference on 12/21/12, the court made rulings on the parties' respective motions in limine. In addition, based on the parties' supplemental submissions (doc. nos #175 and #176 ) in which only the plaintiff continued to press objections to the defendant's exhibits (some of which were already ruled upon at the 12/21/12 conference, which has caused the parties needless additional expenditures of time and resources), the court ORDERs as follows for reasons that will be more fully set forth in an opinion to follow: (1) The court will admit defendant's proffered documents regarding plaintiff's expert Robert Baier that are relevant to Baier's qualifications as an expert, documents regarding Baier's adherence to any accepted standards and procedures for forensic document examiners, documents regarding Baier's prior testimony and court decisions regarding his qualifications, and documents regarding Baier's training and knowledge as an expert. (2) The court will likely admit orders from this case and the judgment regarding the previous federal conviction of Robert Lovy, depending on his testimony at trial. (3) The dispute regarding signature exemplars has been resolved by the parties. (4) Transaction documents will be admitted, as the court previously ruled. (5) Exhibit F3 bank emails will be admitted, as the court previously ruled. (6) Ex. Z4 Lipsky opinion letter will be admitted pursuant, inter alia, to FRE 801(d)(2). (7) Exs. N3 and P7 Organizational charts will be admitted pursuant, inter alia, to FRE 801(d)(2). (8) Victory Memorial documents are likely to be admitted, however, the court reserves decision, depending on the testimony and evidence at trial.The parties are reminded to inform the court immediately of a settlement and that they must otherwise appear promptly in courtroom 6G-North at 9:00 a.m. on 1/2/13 to commence jury selection. Ordered by Judge Kiyo A. Matsumoto on 12/27/2012. (Matsumoto, Kiyo)
December 26, 2012 Filing 175 Letter by Abraham Leser (Geisler, Mark)
December 26, 2012 Filing 174 Letter by U.S. Bank National Association (Menachemi, Efrat)
December 20, 2012 Filing 173 Letter by U.S. Bank National Association (Menachemi, Efrat)
December 20, 2012 Filing 172 NOTICE by Abraham Leser of Removal of Abraham Furst from Plaintiff's witness list (Geisler, Mark)
December 19, 2012 Filing 171 Letter by Abraham Leser and by U.S. Bank National Association (Attachments: #1 Exhibit A) (Menachemi, Efrat)
December 18, 2012 Opinion or Order ORDER re #160 Joint Proposed Amended Pretrial Order. The court has reviewed the parties' joint proposed amended pretrial order filed on 12/12/12 #160 , and hereby orders that before 6:00 p.m. on 12/19/12, the parties must meet and confer and attempt to resolve their disputes regarding the admissibility of their respective proposed exhibits. It is further ordered that, no later than 6:00 p.m. on 12/19/12, the parties shall set forth in a joint status letter to the court filed on ECF: (i) a list of the exhibits to which evidentiary objections still remain after the good faith meet-and-confer session; and (ii) a list of exhibits the parties actually intend to introduce at the trial. The parties are notified that if, at the Final Pretrial Conference on 12/21/12, the court finds that any of the remaining evidentiary objections set forth in the aforementioned joint status letter are frivolous, the court will likely consider imposing sanctions on the objecting parties and/or counsel. Ordered by Judge Kiyo A. Matsumoto on 12/18/2012. (Kelley, Jamuna)
December 17, 2012 Filing 170 NOTICE by Abraham Leser List of names, terms, places which may be referred to at trial (Geisler, Mark)
December 17, 2012 Filing 169 NOTICE by Abraham Leser Proposed verdict sheet (Geisler, Mark)
December 17, 2012 Filing 168 Proposed Jury Instructions by Abraham Leser (Geisler, Mark)
December 17, 2012 Filing 167 TRIAL BRIEF Pretrial brief re: potential novel issues by Abraham Leser (Geisler, Mark)
December 17, 2012 Filing 166 Proposed Voir Dire by Abraham Leser (Geisler, Mark)
December 17, 2012 Filing 165 NOTICE by U.S. Bank National Association Proposed Special Verdict Forms (Menachemi, Efrat)
December 17, 2012 Filing 164 Witness List by U.S. Bank National Association (Menachemi, Efrat)
December 17, 2012 Filing 163 Proposed Voir Dire by U.S. Bank National Association (Menachemi, Efrat)
December 17, 2012 Filing 162 Proposed Jury Instructions by U.S. Bank National Association (Menachemi, Efrat)
December 17, 2012 Filing 161 PRETRIAL MEMORANDUM by U.S. Bank National Association (Menachemi, Efrat)
December 12, 2012 Filing 160 Proposed Pretrial Order Amended by Abraham Leser and by U.S. Bank National Association (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Menachemi, Efrat)
December 11, 2012 Filing 159 MEMORANDUM in Opposition re #156 MOTION in Limine filed by U.S. Bank National Association. (Menachemi, Efrat)
December 10, 2012 Filing 158 REPLY in Support re #156 MOTION in Limine filed by Abraham Leser. (Attachments: #1 Memorandum in Support Reply) (Geisler, Mark)
December 10, 2012 Filing 157 AFFIDAVIT/DECLARATION in Opposition re #152 MOTION in Limine To Exclude The Testimony of Witnesses Abraham Furst and Louis Stahl, #150 MOTION in Limine to Exclude Certain Evidence Regarding Chaya Schlafrig filed by Abraham Leser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Memorandum in Opposition) (Geisler, Mark)
December 10, 2012 Filing 156 MOTION in Limine by Abraham Leser. (Attachments: #1 Affidavit in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Memorandum in Support) (Geisler, Mark)
December 10, 2012 Filing 155 CERTIFICATE OF SERVICE by U.S. Bank National Association re #153 Reply in Support of Motion in Limine to Exclude Testimony of Abraham Furst and Louis Stahl (Menachemi, Efrat)
December 10, 2012 Filing 154 CERTIFICATE OF SERVICE by U.S. Bank National Association re #151 Reply in Support of Motion in Limine to Exclude Evidence Regarding Chaya Schlafrig (Menachemi, Efrat)
December 10, 2012 Filing 153 REPLY in Support re #152 MOTION in Limine To Exclude The Testimony of Witnesses Abraham Furst and Louis Stahl filed by U.S. Bank National Association. (Attachments: #1 Exhibit A) (Menachemi, Efrat)
December 10, 2012 Filing 152 MOTION in Limine To Exclude The Testimony of Witnesses Abraham Furst and Louis Stahl by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B) (Menachemi, Efrat)
December 10, 2012 Filing 151 REPLY in Support re #150 MOTION in Limine to Exclude Certain Evidence Regarding Chaya Schlafrig filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B) (Menachemi, Efrat)
December 10, 2012 Filing 150 MOTION in Limine to Exclude Certain Evidence Regarding Chaya Schlafrig by U.S. Bank National Association. (Attachments: #1 Exhibit A) (Menachemi, Efrat)
December 7, 2012 Opinion or Order ORDER: The Final Pretrial Conference set for 1:00p.m. on 12/21/2012 will instead commence at 11:00a.m. on the same date in Courtroom 6G North before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 12/7/2012. (Williams-Jackson, Sandra)
December 3, 2012 Filing 149 Letter by U.S. Bank National Association (Menachemi, Efrat)
December 3, 2012 Opinion or Order ORDER re #149 Letter filed by U.S. Bank National Association. The court has reviewed defendant U.S. Bank's letter dated 12/3/12 #149 requesting an adjournment of the Final Pretrial Conference currently scheduled for 12/21/12 and respectfully denies the adjournment request. Because the 12/21/12 Final Pretrial Conference was scheduled in this case on October 22, 2012 and the actual trial will begin less than two weeks afterwards, on January 2, 2013, and because defense counsel's committment in Delaware Chancery Court appears to have arisen after the trial dates and deadlines were set in this case, defense counsel is encouraged to address his scheduling issue with the Delaware Chancery Court. Ordered by Judge Kiyo A. Matsumoto on 12/3/2012. (Kelley, Jamuna)
November 30, 2012 Filing 148 Proposed Pretrial Order Joint Stipulations of Law by Abraham Leser and by U.S. Bank National Association (Menachemi, Efrat)
November 21, 2012 Filing 147 Proposed Pretrial Order JOINT PRETIAL ORDER By Abraham Leser and by U.S. Bank National Association (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Menachemi, Efrat)
November 19, 2012 Filing 146 NOTICE of Appearance by Efrat Menachemi on behalf of U.S. Bank National Association (aty to be noticed) (Menachemi, Efrat)
November 5, 2012 Filing 145 MOTION for Extension of Time to File Joint Pretrial Order, Pretrial Motions by Abraham Leser. (Geisler, Mark)
November 5, 2012 Opinion or Order ORDER granting in part and denying in part #145 Motion for Extension of Time to File. After reviewing plaintiff's consent motion to extend the pretrial filing deadlines in this case #145 , the court will grant a short extension of the pretrial deadlines rather than the 12-day extension requested. Although the court is very sympathetic to the parties' plight in the aftermath of Hurricane Sandy, due to the court's heavy trial calendar a longer extension is not possible. Therefore, the following deadline extensions are granted: (i) on or before 11/21/12, the parties shall submit via ECF the Joint Pretrial Order and shall serve and deliver their pretrial motions, (ii) on or before 12/3/12, the parties shall serve their oppositions; (iii) on or before 12/10/12, the parties shall serve their replies and file the fully briefed motions via ECF. The parties are reminded to kindly provide courtesy copies of all materials filed electronically. Ordered by Judge Kiyo A. Matsumoto on 11/5/2012. (Kelley, Jamuna)
October 23, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/23/2012. Appearances by S. Stern for plaintiff; S. Cooper for defendant. Settlement discussions held. The parties are far apart. Parties are encouraged to contact Chambers and schedule a further conference if their positions change. (Abdallah, Fida)
October 22, 2012 Opinion or Order Filing 144 CIVIL PRETRIAL SCHEDULING ORDER: The parties shall adhere to the attached Civil Pretrial Scheduling Order, which incorporates all trial-related deadlines previously set by the court. Ordered by Judge Kiyo A. Matsumoto on 10/22/2012. (Kelley, Jamuna)
October 19, 2012 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: A telephonic status conference was held on 10/19/2012 regarding the parties' settlement progress and to set a date for trial. Stephen Stern, Esq. appeared for plaintiff/counterclaim defendant Leser and Steven Cooper, Esq. appeared for defendant/counterclaim plaintiff U.S. Bank. The parties informed the court that settlement was unlikely at this point and thus the court set the following trial schedule. Trial and jury selection in this case are set to begin on January 2, 2013, at 9:00 a.m. The trial shall commence immediately after the jury is selected. All other dates set forth in the court's order dated 10/15/2012 remain in effect. Counsel for both parties are further advised that, unless the court receives either a stipulation of dismissal or a fully executed form consenting to the jurisdiction of the assigned Magistrate Judge on or before 12:00 p.m. (noon) on Friday, December 28, 2012, the trial will go forward on January 2, 2013 at 9:00 a.m. Ordered by Judge Kiyo A. Matsumoto. (Kelley, Jamuna)
October 18, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/18/2012. Appearances by S. Stern for plaintiff; S. Cooper for defendant. Settlement conference held with plaintiff attending and A. Burkett on behalf of defendant participating by telephone. Next conference scheduled for 10/23/2012 at 10:00 a.m. (Abdallah, Fida)
October 18, 2012 Opinion or Order AMENDED SCHEDULING ORDER. The telephonic status conference referenced in the court's minute entry dated 10/15/12 is set for October 19, 2012 at 1:00 p.m. Counsel for Leser shall initiate the call with counsel for U.S. Bank and shall call the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 10/18/2012. (Kelley, Jamuna)
October 15, 2012 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. A telephonic initial pretrial conference was held on 10/15/2012 before Judge Kiyo Matsumoto. Stephen Stern, Esq. appeared for plaintiff/counterclaim defendant Leser and Steven Cooper, Esq. appeared for defendant/counterclaim plaintiff U.S. Bank. The following pretrial deadlines were set. On or before 11/15/12, the parties shall submit a Joint Pretrial Order in accordance with the undersigned's Individual Practice Rules located on the court's website, but may forego inclusion of the legal memoranda portion thereof. The legal memoranda portion of the Joint Pretrial Order shall be filed on or before 11/30/12. Additionally, any pretrial motions or motions in limine shall be served and filed according to the following schedule: (i) on or before 11/15/12, the parties shall serve and file their motions; (ii) on or before 11/26/12, the parties shall serve and file their responses; and (iii) on or before 11/29/12, the parties shall serve and file their replies, if any. The parties are reminded to kindly provide two courtesy copies to chambers of all materials filed electronically. Additionally, the parties are directed to participate in a further telephonic status conference on Friday, November 19, 2012 at 1:00 p.m. (in lieu of the late afternoon Thursday time discussed at today's conference). Counsel for Leser shall initiate the call with counsel for U.S. Bank and shall call the court at 718-613-2180 when all parties are on the line. (Kelley, Jamuna)
October 5, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/5/2012. Appearances by S. Stern, M. Geisler for plaintiff; S. Cooper for defendant. Preliminary settlement discussions held. The parties may send statements by 10/15/12 and may incorporate discrete portions of other submissions filed. Counsel and plaintiff must attend a settlement conference to be held on 10/18/2012 at 11:00 a.m. A person with settlement authority on behalf of defendant must be available by telephone. (Abdallah, Fida)
October 4, 2012 Opinion or Order SCHEDULING ORDER: re #143 Letter filed by U.S. Bank National Association. Upon the parties' joint request #143 , a telephonic pretrial conference is set for 10/15/2012 at 03:30 PM before Judge Kiyo A. Matsumoto. The parties should be prepared to propose a trial date and pretrial briefing schedule at the conference. Defendant/counterclaim plaintiff USB shall initiate the call with plaintiff/counterclaim defendant Leser and then call the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 10/4/2012. (Kelley, Jamuna)
October 3, 2012 Filing 143 Letter requesting a Conference to set a Trial date and Pretrial briefing by U.S. Bank National Association (Rimm, Harry)
September 26, 2012 Opinion or Order SCHEDULING ORDER: A telephone settlement conference will be held on 10/5/2012 at 3:30. The call is to be arranged among counsel. Once the attorneys for all parties are on the line, please call Chambers at (718) 613-2550. Counsel shall confer with their clients regarding their availability for an in person conference to be held on either the week of 10/8/12 or 10/15/12. The parties are directed to fax to chambers settlement letters by 10/14/12. Ordered by Magistrate Judge Marilyn D. Go on 9/26/2012. (Abdallah, Fida)
September 25, 2012 Opinion or Order Filing 142 ORDER denying #121 Motion for Summary Judgment; denying #126 Motion for Partial Summary Judgment. For reasons set forth in the within Memorandum and Order, both parties' motions for summary judgment are denied with prejudice. Leser's motion for summary judgment on the Complaint and all of USB's Counterclaims is denied. USB's motion for partial summary judgment on the Seattle Guaranty is also denied. The parties are ordered to meet and confer and contact chambers to schedule a conference to set a trial date and pretrial briefing schedule. Ordered by Judge Kiyo A. Matsumoto on 9/25/2012. (Kelley, Jamuna)
September 21, 2012 Filing 141 CLERK'S JUDGMENT: Ordered and Adjudged that judgment is hereby entered in favor of Defendant/Counterclaim Plaintiff U.S. Bank National Association and against Robert Lovy, in the total amount of $15,391.86. Ordered by Clerk of Court on 9/20/2012. (Brucella, Michelle)
September 18, 2012 Opinion or Order ORDER granting Motion for Entry of Judgment as to Attorneys' Fees and Costs #140 . The Clerk of this Court is respectfully directed to enter judgment in favor of defendant/counterclaim plaintiff U.S. Bank National Association against non-party witness Robert Lovy in the amount of $15,391.86 for attorneys' fees and costs, as per the court's Memorandum and Order dated February 21, 2012 #137 . Ordered by Judge Kiyo A. Matsumoto on 9/18/2012. (Kelley, Jamuna)
July 26, 2012 Filing 140 Letter MOTION for Attorney Fees and Costs Against Non-Party Witness Robert Lovy by U.S. Bank National Association. (Attachments: #1 Proposed Order) (Rimm, Harry)
May 9, 2012 Filing 139 Letter to Withdraw Request for Oral Argument by U.S. Bank National Association (Rimm, Harry)
May 9, 2012 Opinion or Order ORDER re #139 Letter filed by U.S. Bank National Association. On consent of the parties, the oral argument scheduled for 7/26/2012 is adjourned without date. Ordered by Judge Kiyo A. Matsumoto on 5/9/2012. (Winterkorn, Margaret)
April 17, 2012 Opinion or Order ORDER. Due to a conflict in the court's calendar, the oral argument on the parties' cross-motions for summary judgment is rescheduled for 7/26/2012 at 2:00 p.m. in Courtroom 6G North. Ordered by Judge Kiyo A. Matsumoto on 4/17/2012. (Winterkorn, Margaret)
March 28, 2012 Opinion or Order ORDER. Due to a conflict in the court's calendar, the oral argument on the parties' cross-motions for summary judgment previously scheduled for 4/12/2012 is rescheduled for 5/8/2012 at 2:00 p.m. in Courtroom 6G North. Ordered by Judge Kiyo A. Matsumoto on 3/28/2012. (Winterkorn, Margaret)
February 22, 2012 Filing 138 CERTIFICATE OF SERVICE by U.S. Bank National Association of Memorandum and Order dated February 21, 2012 (Rimm, Harry)
February 21, 2012 Opinion or Order Filing 137 ORDER. For the reasons set forth in the attached Memorandum and Order, the court awards U.S. Bank National Association attorney's fees in the amount of $13,711.50 and costs in the amount of $1,680.36 for Mr. Robert Lovy's willful disobedience of this court's orders. USB is directed to serve this Memorandum and Order personally on Mr. Lovy's counsel of record and file a certificate of service on the docket by February 22, 2012. Ordered by Judge Kiyo A. Matsumoto on 2/21/2012. (Winterkorn, Margaret)
February 21, 2012 Filing 136 Letter MOTION for Hearing Requesting Adjournment of Oral Argument on Motions by U.S. Bank National Association. (Rimm, Harry)
February 21, 2012 Opinion or Order ORDER granting #136 Motion for Hearing. At the parties' request, the oral argument on the parties' cross-motions for summary judgment ( #121 and #126 ) is rescheduled for 4/12/12 at 2:00 p.m. in Courtroom 6G North. Ordered by Judge Kiyo A. Matsumoto on 2/21/2012. (Winterkorn, Margaret)
February 14, 2012 Opinion or Order SCHEDULING ORDER: At the request of defendant's counsel, oral argument on the parties' cross-motions for summary judgment ( #121 and #126 ) shall be held on 4/9/12 at 2:00 p.m. in Courtroom 6G North. Ordered by Judge Kiyo A. Matsumoto on 2/14/2012. (Winterkorn, Margaret)
December 8, 2011 Magistrate Judge Marilyn D. Go added. Magistrate Judge Andrew L. Carter, Jr no longer assigned to case. (Gapinski, Michele)
September 22, 2011 Filing 135 Letter Responding to Defendant's letter, ECF no. 134 by Abraham Leser (Geisler, Mark)
September 22, 2011 Opinion or Order ORDER re #134 Letter filed by U.S. Bank National Association, #135 Letter filed by Abraham Leser. Neither the court's individual rules nor the Local Rules prohibits a party from filing a reply statement in support of a Local Rule 56.1 Statements of Material Facts on Motion for Summary Judgment. Accordingly, the court will consider #133 Plaintiff's Reply to Defendant's Counterstatement of Material Facts Pursuant to Local Rule 56.1 in Opposition to Abraham Leser's Motion for Summary Judgment and Opposition to Defendant's Statement of Additional Facts, along with the parties' other submissions, in deciding the parties' cross-motions for summary judgment. Ordered by Judge Kiyo A. Matsumoto on 9/22/2011. (Winterkorn, Margaret)
September 21, 2011 Filing 134 Letter by U.S. Bank National Association (DiCanio, Michael)
September 20, 2011 Filing 133 RULE 56.1 STATEMENT re #121 MOTION for Summary Judgment Reply and Opposition to Additional Statement filed by Abraham Leser. (Geisler, Mark)
September 20, 2011 Filing 132 MEMORANDUM in Support re #121 MOTION for Summary Judgment Reply Memorandum of Law filed by Abraham Leser. (Geisler, Mark)
September 20, 2011 Filing 131 REPLY in Support re #121 MOTION for Summary Judgment Reply, AFFIDAVIT/DECLARATION in Support re #121 MOTION for Summary Judgment filed by Abraham Leser. (Attachments: #1 Exhibit LL, #2 Exhibit MM, #3 Exhibit NN, #4 Exhibit OO) (Geisler, Mark)
September 20, 2011 Filing 130 RULE 56.1 STATEMENT re #126 MOTION for Partial Summary Judgment filed by Abraham Leser. (Geisler, Mark)
September 20, 2011 Filing 129 MEMORANDUM in Opposition re #126 MOTION for Partial Summary Judgment filed by Abraham Leser. (Geisler, Mark)
September 20, 2011 Filing 128 REPLY in Support re #126 MOTION for Partial Summary Judgment filed by U.S. Bank National Association. (Attachments: #1 Certificate of Service) (DiCanio, Michael)
September 20, 2011 Filing 127 MEMORANDUM in Opposition re #121 MOTION for Summary Judgment filed by U.S. Bank National Association. (Attachments: #1 Rule 56.1 Statement, #2 Affidavit in Opposition, #3 Certificate of Service, #4 Exhibit 64A, #5 Exhibit 64B, #6 Exhibit 65, #7 Exhibit 66, #8 Exhibit 67, #9 Exhibit 68, #10 Exhibit 69, #11 Exhibit 70, #12 Exhibit 71, #13 Exhibit 72, #14 Exhibit 73, #15 Exhibit 74, #16 Exhibit 75, #17 Exhibit 76, #18 Exhibit 77, #19 Exhibit 78, #20 Exhibit 79, #21 Exhibit 80, #22 Exhibit 81, #23 Exhibit 82, #24 Exhibit 83A, #25 Exhibit 83B, #26 Exhibit 83C, #27 Exhibit 83D, #28 Exhibit 83E, #29 Exhibit 83F, #30 Exhibit 83G, #31 Exhibit 83H, #32 Exhibit 84A, #33 Exhibit 84B, #34 Exhibit 85, #35 Exhibit 86A, #36 Exhibit 86B, #37 Exhibit 86C, #38 Exhibit 87A, #39 Exhibit 87B, #40 Exhibit 88A, #41 Exhibit 88B, #42 Exhibit 88C, #43 Exhibit 89A, #44 Exhibit 89B, #45 Exhibit 90, #46 Exhibit 91A, #47 Exhibit 91B, #48 Exhibit 92, #49 Exhibit 93, #50 Exhibit 94, #51 Exhibit 95, #52 Exhibit 96, #53 Exhibit 97, #54 Exhibit 98, #55 Exhibit 99, #56 Exhibit 100, #57 Exhibit 101, #58 Exhibit 102, #59 Exhibit 103, #60 Exhibit 104, #61 Exhibit 105, #62 Exhibit 106, #63 Exhibit 107) (DiCanio, Michael)
September 20, 2011 Filing 126 MOTION for Partial Summary Judgment by U.S. Bank National Association. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Affidavit in Support, #4 Certificate of Service, #5 Exhibit 1 Part 1, #6 Exhibit 1 Part 2, #7 Exhibit 1 Part 3, #8 Exhibit 1 Part 4, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6 Part 1, #14 Exhibit 6 Part 2, #15 Exhibit 7, #16 Exhibit 8 Part 1, #17 Exhibit 8 Part 2, #18 Exhibit 9, #19 Exhibit 10, #20 Exhibit 11, #21 Exhibit 12A, #22 Exhibit 12B, #23 Exhibit 12C, #24 Exhibit 13 Part 1, #25 Exhibit 13 Part 2, #26 Exhibit 14, #27 Exhibit 15, #28 Exhibit 16, #29 Exhibit 17, #30 Exhibit 18, #31 Exhibit 19, #32 Exhibit 20, #33 Exhibit 21 Part 1, #34 Exhibit 21 Part 2, #35 Exhibit 21 Part 3, #36 Exhibit 21 Part 4, #37 Exhibit 22, #38 Exhibit 23, #39 Exhibit 24, #40 Exhibit 25, #41 Exhibit 26, #42 Exhibit 27, #43 Exhibit 28, #44 Exhibit 29, #45 Exhibit 30, #46 Exhibit 31, #47 Exhibit 32, #48 Exhibit 33, #49 Exhibit 34A, #50 Exhibit 34B, #51 Exhibit 34C, #52 Exhibit 35, #53 Exhibit 36A, #54 Exhibit 36B, #55 Exhibit 37A, #56 Exhibit 37B, #57 Exhibit 37C, #58 Exhibit 37D, #59 Exhibit 38A, #60 Exhibit 38B, #61 Exhibit 38C, #62 Exhibit 39A, #63 Exhibit 39B, #64 Exhibit 39C, #65 Exhibit 40A, #66 Exhibit 40B, #67 Exhibit 40C, #68 Exhibit 41, #69 Exhibit 42 Part 1, #70 Exhibit 42 Part 2, #71 Exhibit 43 Part 1, #72 Exhibit 43 Part 2, #73 Exhibit 44, #74 Exhibit 45, #75 Exhibit 46, #76 Exhibit 47, #77 Exhibit 48, #78 Exhibit 49, #79 Exhibit 50, #80 Exhibit 51, #81 Exhibit 52, #82 Exhibit 53, #83 Exhibit 54, #84 Exhibit 55, #85 Exhibit 56, #86 Exhibit 57, #87 Exhibit 58, #88 Exhibit 59, #89 Exhibit 60 Part 1, #90 Exhibit 60 Part 2, #91 Exhibit 61, #92 Exhibit 62, #93 Exhibit 63) (DiCanio, Michael)
September 20, 2011 Filing 125 MEMORANDUM in Support re #121 MOTION for Summary Judgment filed by Abraham Leser. (Geisler, Mark)
September 20, 2011 Filing 124 RULE 56.1 STATEMENT re #121 MOTION for Summary Judgment filed by Abraham Leser. (Geisler, Mark)
September 20, 2011 Filing 123 AFFIDAVIT/DECLARATION in Support re #121 MOTION for Summary Judgment filed by Abraham Leser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Part 1, #5 Exhibit D Part 2, #6 Exhibit D Part 3, #7 Exhibit D Part 4, #8 Exhibit E Part 1, #9 Exhibit E Part 2, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K Part 1, #16 Exhibit K Part 2, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O Part 1, #21 Exhibit O Part 2, #22 Exhibit P Part 1, #23 Exhibit P Part 2, #24 Exhibit P Part 3, #25 Exhibit P Part 4, #26 Exhibit Q Part 1, #27 Exhibit Q Part 2, #28 Exhibit R, #29 Exhibit S, #30 Exhibit T Part 1, #31 Exhibit T Part 2, #32 Exhibit U, #33 Exhibit V, #34 Exhibit W, #35 Exhibit X, #36 Exhibit Y, #37 Exhibit Z, #38 Exhibit AA, #39 Exhibit BB, #40 Exhibit CC, #41 Exhibit DD, #42 Exhibit EE, #43 Exhibit FF, #44 Exhibit GG, #45 Exhibit HH, #46 Exhibit II, #47 Exhibit JJ, #48 Exhibit KK) (Geisler, Mark)
September 20, 2011 Filing 122 Letter by U.S. Bank National Association (DiCanio, Michael)
September 20, 2011 Filing 121 MOTION for Summary Judgment by Abraham Leser. (Geisler, Mark)
September 15, 2011 Filing 120 STATUS REPORT Joint Status Letter by Abraham Leser (Geisler, Mark)
August 30, 2011 Opinion or Order ORDER re #119 Status Report. By 9/15/11, the parties shall file a joint status report advising the court whether they intend to file the fully briefed cross-motions for summary judgment on 9/20/11, as previously scheduled, or whether in light of the parties' mediation efforts, they wish to revise the briefing schedule for the cross-motions. If the parties wish to revise the briefing schedule, they shall file a proposed revised briefing schedule on 9/15/11. Ordered by Judge Kiyo A. Matsumoto on 8/30/2011. (Winterkorn, Margaret)
August 29, 2011 Filing 119 STATUS REPORT Joint Status Letter by Abraham Leser (Geisler, Mark)
August 5, 2011 Opinion or Order ORDER granting #118 Motion for Extension of Time to File Response/Reply. On consent of the parties, the briefing schedule for the parties' potential cross-motions for summary judgment is extended as follows: By 8/19/11, the parties shall serve their opposition papers; and by 9/20/11, the parties shall serve their replies, if any. The fully briefed motion papers shall be filed via ECF, with two courtesy copies to chambers, only after the parties have engaged in good faith, in depth mediation. In addition, by 8/29/11, the parties shall file a joint status letter advising the court of the status of the litigation following the 8/24/11 mediation. Ordered by Judge Kiyo A. Matsumoto on 8/5/2011. (Winterkorn, Margaret)
August 4, 2011 Filing 118 Consent MOTION for Extension of Time to File Response/Reply Request to Adjust Briefing schedule entered on docket 6/17/11 by Abraham Leser. (Geisler, Mark)
June 24, 2011 Filing 117 Letter in response to June 15, 2011 letter by USB (Docket #113) by Robert Lovy (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Schonfeld, Simcha)
June 17, 2011 Opinion or Order ORDER re #115 Status Report. The parties' proposed briefing schedule is approved. The briefing schedule for the parties' potential cross-motions for summary judgment is as follows: By 6/30/11, the parties shall serve their initial motion papers; by 8/9/11, the parties shall serve their opposition papers; and by 9/9/11, the parties shall serve their replies, if any. The fully briefed motion papers shall be filed via ECF, with two courtesy copies to chambers, only after the parties have engaged in good faith, in depth mediation. Ordered by Judge Kiyo A. Matsumoto on 6/17/2011. (Winterkorn, Margaret)
June 16, 2011 Filing 116 Letter requesting opportunity to respond to Docket # 113-114 by Robert Lovy (Schonfeld, Simcha)
June 16, 2011 Filing 115 STATUS REPORT by Abraham Leser (Geisler, Mark)
June 16, 2011 Opinion or Order ORDER re #116 Letter requesting opportunity to respond. Mr. Lovy's request to respond to U.S. Bank's supplemental submission regarding costs and attorney's fees #113 #114 is granted. Mr. Lovy may respond in a letter not to exceed 4 pages, to be filed via ECF by 6/24/11. Ordered by Judge Kiyo A. Matsumoto on 6/16/2011. (Winterkorn, Margaret)
June 15, 2011 Filing 114 AFFIDAVIT/AFFIRMATION re #113 Letter Response by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (DiCanio, Michael) (Main Document 114 replaced on 2/22/2012) (Brucella, Michelle).
June 15, 2011 Filing 113 Letter Response to Hon. Matsumoto by U.S. Bank National Association (DiCanio, Michael)
June 1, 2011 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-motion telephone conference held on 6/1/11. Plaintiff appeared by Steven Stern, Esq. Defendant appeared by Steven Cooper, Esq. The court advised the parties of its concern that, based on the parties' pre-motion conference letters ( #108 , #109 , #111 , #112 ), there appear to be many significant disputed issues of fact. By 6/17/11, the parties shall file via ECF a joint status report setting forth a mediation schedule and, if necessary, a revised briefing schedule for their cross-motions for summary judgment. No motions are to be filed with the court until after the parties have engaged in in depth, good faith mediation. (Winterkorn, Margaret)
May 25, 2011 Opinion or Order SCHEDULING ORDER: The pre-motion telephone conference previously scheduled for 5/25/11 has been moved to 6/1/11 at 10:30 a.m. Plaintiff shall initiate the call to chambers with all parties on the line. Ordered by Judge Kiyo A. Matsumoto on 5/25/2011. (Winterkorn, Margaret)
May 24, 2011 Opinion or Order SCHEDULING ORDER: The parties shall participate in a pre-motion telephone conference on 5/25/11 at 5:15 p.m. Plaintiff shall initiate the call to chambers with all parties on the line. Ordered by Judge Kiyo A. Matsumoto on 5/24/2011. (Winterkorn, Margaret)
May 20, 2011 Filing 112 RESPONSE in Opposition re #108 MOTION for pre motion conference for summary judgment motion filed by U.S. Bank National Association. (DiCanio, Michael)
May 20, 2011 Filing 111 RESPONSE in Opposition re #109 MOTION for pre motion conference for Summary Judgment Motion filed by Abraham Leser. (Geisler, Mark)
May 20, 2011 Opinion or Order ORDER granting USB's letter request #110 for an extension of time in which to file the supplemental submissions described in this court's 4/28/11 Order. The supplemental submissions shall be filed no later than 6/15/11. Ordered by Judge Kiyo A. Matsumoto on 5/20/2011. (Winterkorn, Margaret)
May 19, 2011 Filing 110 Letter by U.S. Bank National Association (DiCanio, Michael)
May 18, 2011 Filing 109 MOTION for pre motion conference for Summary Judgment Motion by U.S. Bank National Association. (DiCanio, Michael)
May 18, 2011 Filing 108 MOTION for pre motion conference for summary judgment motion by Abraham Leser. (Geisler, Mark)
May 18, 2011 Opinion or Order ORDER granting #106 Motion to Adjourn Conference settlement conference without date. Ordered by Magistrate Judge Andrew L. Carter, Jr on 5/18/2011. (Figeroux, Davina)
May 17, 2011 Filing 107 Letter by U.S. Bank National Association (DiCanio, Michael)
May 17, 2011 Filing 106 Joint MOTION to Adjourn Conference by Abraham Leser. (Geisler, Mark)
May 13, 2011 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone status conference held on 5/13/2011. Stephen Stern, Esq. and Mark Geisler, Esq. appeared on behalf of plaintiff Abraham Lesser. Steven Cooper, Esq. appeared on behalf of defendant USB. The court ordered as follows: 1) By 5/18/11, each party shall submit a pre-motion letter, not to exceed 3 pages, setting forth the basis for their respective proposed motion for summary judgment, proposing a mutually agreeable briefing schedule, and adhering to the court's motion practices; and 2) by 5/20/11, each party shall respond to the opposing party's pre-motion letter. The parties agreed that a pre-motion conference is not necessary unless ordered by the court. If USB wishes to seek more time or hold in abeyance the submission in support of the sanction awarded in favor of USB and against Mr. Lovy, USB should make an appropriate application to the court. (Winterkorn, Margaret)
May 12, 2011 Opinion or Order SCHEDULING ORDER: The parties shall participate in a telephone status conference on 5/13/11 at 4:10 p.m. Defendant shall initiate the call to chambers with all parties on the line. Ordered by Judge Kiyo A. Matsumoto on 5/12/2011. (Winterkorn, Margaret)
May 12, 2011 Opinion or Order ORDER re #105 . The extension is granted. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 5/12/2011. (Dharia, Kruti)
May 11, 2011 Filing 105 Letter by U.S. Bank National Association (DiCanio, Michael)
May 4, 2011 Filing 104 Letter by U.S. Bank National Association (DiCanio, Michael)
May 4, 2011 Opinion or Order ORDER granting USB's letter request #104 for an extension of time in which to file the supplemental submissions described in this Court's 4/28/11 Order. The supplemental submissions shall be filed no later than 5/18/11. Ordered by Judge Kiyo A. Matsumoto on 5/4/2011. (Hershenberg, Anna)
April 28, 2011 Opinion or Order ORDER. By 5/4/11, USB shall submit a response to Mr. Lovy's claim of poverty contained in his letter dated 4/13/11 #103 , and file a revised submission for attorney's fees, which shall clearly lay out for each contemporaneous time entry: the date, name of the attorney, a narrative of the work done for each particular service, the time spent on the particular service, the rate charged for the service, and the total value for that entry (rate x time). The revised submission shall only contain relevant entries and USB's counsel shall attest that the hours listed in each entry represent the time expended procuring Mr. Lovy's compliance with subpoenas and court orders and moving for civil contempt. In this regard, the court notes that numerous entries in USB's previous submission #93 contain both redacted and unredacted tasks and a single notation of time expended, suggesting that USB may have included in its total amount of requested attorney's fees time expended on tasks not associated with procuring Mr. Lovy's compliance and a finding of civil contempt. The revised submission shall be further particularized by attorney and by year (because of the different rates USB charged in 2010 and 2011), contain biographies of the attorneys sufficient to justify the respective rates charged in light of the prevailing rates in the Eastern District of New York, and contain summary tables of the total fees incurred by each attorney in 2010 and 2011 in pursuing Mr. Lovys compliance and a finding of civil contempt. USB shall also submit a revised submission of costs, which describes the cost incurred, the date incurred, a summary table listing the total amount of costs, and supporting documentation. Ordered by Judge Kiyo A. Matsumoto on 4/28/2011. (Hershenberg, Anna) (Hershenberg, Anna)
April 13, 2011 Filing 103 Letter in response to letter from counsel for USB by Robert Lovy (Attachments: #1 Exhibit Portions of deposition transcript, #2 Exhibit Emails to counsel regarding post-deposition productions, #3 Exhibit Messenger receipt for Notary stamp) (Schonfeld, Simcha)
April 12, 2011 Filing 102 Letter by U.S. Bank National Association (DiCanio, Michael)
April 7, 2011 Opinion or Order STATUS REPORT ORDER. By close of business on 4/12/11, the parties shall file a joint status letter indicating whether Mr. Lovy has purged his contempt, whether USB is pursuing its request for compensation for the attorney's fees and costs it expended in attempting to procure Lovy's compliance with the Rule 45 subpoena, and, if so, the date by which USB will file its supplemental submissions regarding the hourly rates and legal experience of its attorneys and complete documentation for its September 2010 expenses. Ordered by Judge Kiyo A. Matsumoto on 4/7/2011. (Hershenberg, Anna)
April 1, 2011 Opinion or Order ORDER granting #101 request for an extension of time in which to file dispositive motions. Ordered by Magistrate Judge Andrew L. Carter, Jr on 4/1/2011. (Figeroux, Davina)
March 31, 2011 Filing 101 Letter to Honorable Andrew L. Carter, Jr. by U.S. Bank National Association (DiCanio, Michael)
March 21, 2011 Filing 100 AFFIDAVIT/AFFIRMATION re #99 Order on Motion for Order to Show Cause, Order on Motion to Stay,,,,,,,,,,,,,,,,,, by U.S. Bank National Association (DiCanio, Michael)
March 18, 2011 Opinion or Order Filing 99 ORDER granting #72 Motion for Order to Show Cause; denying #97 Motion to Stay. As determined at the March 1, 2011 Show Cause Hearing, and for the reasons set forth herein, Mr. Robert Lovy is held in civil contempt of the Court. The Court imposes coercive monetary sanctions on Lovy in the amount of $500 per day, which shall begin to accrue on March 26, 2011, unless Lovy fully purges his contempt by producing documents on or before March 18, 2011, and appearing and testifying at a deposition on or before March 25, 2011. Further, the Court awards reasonable attorney's fees and costs for Lovy's willful disobedience of this Court's Orders, in an amount to be determined after USB provides supplemental submissions regarding the hourly rates and legal experience of its attorneys and complete documentation for its September 2010 expenses. Should Lovy fail to purge his contempt by close of business on March 25, 2011, USB shall immediately notify the Court, and the $500 per diem monetary sanctions shall begin to accrue on March 26, 2011 and will continue until Lovy fully purges his contempt. Thereafter, Lovy shall deposit these funds with the Clerk of United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York, 11201, and the funds will be held by the Clerk of the Court in interest until further Order of the Court. The deposited funds shall be applied against the amount the Court awards for compensation to USB for the attorney's fees and costs it expended in attempting to procure Lovy's compliance with the USB subpoena. If Lovy fails to purge his contempt by April 4, 2011, including payment of all monetary sanctions, USB shall advise the Court by April 5, 2011, and, in addition to the continuing $500 per diem monetary sanction, the Court will issue an Order directing the United States Marshal to bring Lovy before the Court for incarceration. The incarceration and per diem monetary sanction shall both continue until such time as Lovy purges his contempt by complying with this Court's Orders and paying all monetary sanctions imposed by the Court. USB is directed to serve this Memorandum and Order personally on Lovy's counsel of record and file a certificate of service on the docket. If Lovy fully complies with the Rule 45 subpoena, USB shall inform the Court forthwith by ECF. So Ordered by Judge Kiyo A. Matsumoto on 3/18/2011. (Iguina, Carmen)
March 17, 2011 Filing 98 Letter by U.S. Bank National Association (DiCanio, Michael)
March 15, 2011 Filing 97 Letter MOTION to Stay Contempt proceedings by Robert Lovy. (Schonfeld, Simcha)
March 15, 2011 Filing 96 NOTICE of Appearance by Simcha D. Schonfeld on behalf of Robert Lovy (aty to be noticed) (Schonfeld, Simcha)
March 8, 2011 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 3/8/2011. Stephen Stern, Esq. and Mark Geisler, Esq. appeared on behalf of plaintiff Abraham Leser. Steven Cooper, Esq., Harry Rimm, Esq., and Michael DiCanio, Esq. appeared on behalf of defendant USB. The parties discussed the Minute Entry dated 3/2/11 regarding a telephone call received by Chambers on 3/1/11. (Hershenberg, Anna)
March 7, 2011 Filing 95 AFFIDAVIT/AFFIRMATION re Order by U.S. Bank National Association (DiCanio, Michael)
March 4, 2011 Filing 94 AFFIDAVIT/AFFIRMATION re #93 Letter by U.S. Bank National Association (DiCanio, Michael)
March 4, 2011 Filing 93 Letter by U.S. Bank National Association (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (DiCanio, Michael)
March 4, 2011 Filing 92 NOTICE by Abe Zeigerman re #60 Notice of Appearance of Withdrawal of Appearance (Blaha, Eric)
March 4, 2011 Opinion or Order ORDER. By 3/8/11, USB shall serve Mr. Lovy with a copy of USB's submissions filed under docket numbers #88 and #89 and file a certificate of service on ECF. Ordered by Judge Kiyo A. Matsumoto on 3/4/2011. (Hershenberg, Anna)
March 4, 2011 Opinion or Order ORDER re #91 Letter filed by U.S. Bank National Association. The parties shall appear for a telephone conference on 3/8/11 at 4 p.m. Defendant USB shall initiate the call to chambers with all parties on the line. Ordered by Judge Kiyo A. Matsumoto on 3/4/2011. (Hershenberg, Anna)
March 3, 2011 Filing 91 Letter to Honorable Kiyo A. Matsumoto by U.S. Bank National Association (DiCanio, Michael)
March 2, 2011 Filing 90 AFFIDAVIT/AFFIRMATION re Show Cause Hearing,,,,,, by U.S. Bank National Association (DiCanio, Michael)
March 2, 2011 Filing 89 NOTICE by U.S. Bank National Association re #88 Notice(Other) Service on Robert Lovy - Timeline (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 Part 1, #7 Exhibit 6 Part 2, #8 Exhibit 6 Part 3, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit A to Exhibit 10, #14 Exhibit B-1 to Exhibit 10, #15 Exhibit B-2 to Exhibit 10, #16 Exhibit C to Exhibit 10, #17 Exhibit D to Exhibit 10, #18 Exhibit E-1 to Exhibit 10, #19 Exhibit E-2 to Exhibit 10, #20 Exhibit F to Exhibit 10, #21 Exhibit G to Exhibit 10, #22 Exhibit H to Exhibit 10, #23 Exhibit I to Exhibit 10, #24 Exhibit J to Exhibit 10, #25 Exhibit 11, #26 Exhibit 12, #27 Exhibit 13, #28 Exhibit 14, #29 Exhibit 15, #30 Exhibit 16, #31 Exhibit 17, #32 Exhibit 18, #33 Exhibit 19, #34 Exhibit 20, #35 Exhibit 21) (DiCanio, Michael)
March 2, 2011 Filing 88 NOTICE by U.S. Bank National Association re Show Cause Hearing,,,,,, Proposed Order of Civil Contempt (DiCanio, Michael)
March 2, 2011 Minute Entry. On March 1, 2011, after I held an Order to Show Cause hearing during which I found non-party witness Mr. Robert Lovy in civil contempt of court, my Chambers received a telephone call from a man who identified himself as an attorney considering representing the plaintiff Mr. Lesser in this case. The caller did not provide his name and inquired about the last docket entries the court had entered in this case. My law clerk asked him to clarify whether he was considering representing Mr. Lesser, the plaintiff, or Mr. Lovy, the subject of the Order to Show Cause hearing that had just taken place that day. The caller first corrected my law clerk's pronunciation of Mr. Lovy's name, and then insisted that he was considering representing the plaintiff, Mr. Lesser. He asked my law clerk whether the court had authorized substitute service of the Order to Show Cause, and asked my law clerk to read him the last few entries on the docket. My law clerk suggested that he contact plaintiff's counsel of record or access the public docket in order to obtain the information he sought. After being informed of this phone call, I called Mr. Stephen Stern, Esq., counsel of record for the plaintiff, and informed him of what had just transpired. Mr. Stern stated that his client, Mr. Lesser, had not indicated to him that he was seeking new counsel and said that he would contact his client immediately. Soon afterward, Mr. Stern called Chambers and reported that he had spoken with Mr. Lesser, who emphatically told Mr. Stern that he had not contacted anyone else about representing him. (Hershenberg, Anna)
March 1, 2011 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Show Cause Hearing held on 3/1/2011. An Order to Show Cause Hearing was held on defendant USB's motion for civil contempt against non-party witness Robert Lovy. Stephen Stern, Esq. appeared on behalf of plaintiff Abraham Leser. Steven Cooper, Esq. and Michael DiCanio, Esq. appeared on behalf of defendant USB. Despite being served with an Order to Show Case #80 #81 #86 and USB's motion for Contempt #72 #78 #79 , Mr. Lovy did not appear, and the court did not receive any papers opposing USB's contempt motion. The court ordered as follows: (1) Mr. Lovy is held in civil contempt of court. The court will impose a monetary sanctions in an amount to be set forth in an opinion to follow; (2) By 3/4/11, USB shall file on ECF affidavits and any other supporting documentation establishing the damages arising from their efforts to enforce Mr. Lovy's compliance with the Rule 45 subpoena and this court's orders. USB's submissions may include a recommendation of the per diem monetary sanction that should be imposed to ensure Mr. Lovy's future compliance with subpoenas and court orders. USB shall serve Mr. Lovy by regular mail with a copy of USB's submissions and file a certificate of service on ECF; and (3) By 3/2/11, USB shall serve Mr. Lovy with a copy of this Minute Entry by regular mail and file a certificate of service on ECF. (Court Reporter S. Silverman.) (Hershenberg, Anna)
February 24, 2011 Opinion or Order SCHEDULING ORDER: Due to a conflict on the court's calendar, the 5/4/11 Settlement Conference is adjourned to 5/19/2011 at 10:00 a.m. in Courtroom 504 North. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 2/24/2011. (Hunter-Hicks, Tara)
February 15, 2011 Filing 87 Letter dated 12/2/10 from Eric P. Blaha to Judge Carter, requesting that his name be removed from the ECF notifications. (Docket sheet updated) (Brucella, Michelle)
February 10, 2011 Filing 86 AFFIDAVIT/AFFIRMATION re Order,,,, by U.S. Bank National Association (DiCanio, Michael)
February 10, 2011 Opinion or Order SCHEDULING ORDER: Settlement Conference set for 5/4/2011 at 2:30 p.m. in Courtroom 504 North. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 2/10/2011. (Hunter-Hicks, Tara)
February 9, 2011 Filing 85 AFFIDAVIT/AFFIRMATION re Order,,,, by U.S. Bank National Association (DiCanio, Michael)
February 8, 2011 Filing 84 AFFIDAVIT/AFFIRMATION re #83 Letter by U.S. Bank National Association (Attachments: #1 Exhibit A) (DiCanio, Michael)
February 7, 2011 Opinion or Order ORDER granting #82 Motion to Adjourn Conference to May 4, 2011 at 2:30pm. Parties are to fax ex parte letters at least two days prior. Ordered by Magistrate Judge Andrew L. Carter, Jr on 2/7/2011. (Figeroux, Davina)
February 7, 2011 Opinion or Order ORDER re #83 . Given the repeated history of Mr. Lovy's purposeful evasion of service and given the most recent attempts by U.S. Bank National Association to serve this Court's 1/27/11 Order to Show Cause #80 on Mr. Lovy personally by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion in accordance with Local Rule 83.9 - specifically, five times on the dates January 31, February 1, 2, 3, 4, and 5, 2011 - the court finds that personal service of the 1/27/11 Order to Show Cause on Mr. Lovy by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion cannot be made with "due diligence," as defined in C.P.L.R. 308(4). The court accordingly authorizes service of the 1/27/11 Order to Show Cause #80 by "nail and mail" service pursuant to C.P.L.R. 308(4) in lieu of personal service. By 2/9/11, USB shall serve a copy of this Order, as well as its letter dated 2/4/11 #83 on Mr. Lovy via Federal Express or other means of verifiable delivery and file a certificate of service on ECF. Ordered by Judge Kiyo A. Matsumoto on 2/7/2011. (Hershenberg, Anna)
February 4, 2011 Filing 83 Letter to Honorable Kiyo A. Matsumoto by U.S. Bank National Association (Attachments: #1 Affidavit of Attempted Service) (DiCanio, Michael)
February 4, 2011 Filing 82 Letter MOTION to Adjourn Conference scheduled for February 11, 2011 by Abraham Leser. (Geisler, Mark)
January 28, 2011 Filing 81 CERTIFICATE OF SERVICE: Order (Doc. No. #80 ) sent to Robert Lovy at 3277 Bedford Avenue, Brooklyn, NY 11210 via Fed Ex. Tracking # 8696 2842 7825. (Brucella, Michelle) (Additional attachment(s) added on 2/24/2011: #1 Certificate of Service) (Williams-Jackson, Sandra).
January 27, 2011 Opinion or Order Filing 80 ORDER TO SHOW CAUSE. Show Cause Hearing set for 3/1/2011 2:00 PM in Courtroom 6F North before Judge Kiyo A. Matsumoto. If Mr. Lovy fails to appear he will be subject to sanctions, including but not limited to the imposition of a monetary fine for every day that he fails to comply with the Rule 45 subpoena and this Court's orders, attorney's fees, and costs, and subject to arrest for civil contempt of court. Mr. Lovy's Show Cause Response is due by 2/21/11.USB is ordered to serve this Order to Show Cause personally on Mr. Lovy by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion. USB shall file proof of such service by ECF on or before February 4, 2011. If, by February 4, 2011, the parties find that personal service of the Order to Show Cause on Mr. Lovy by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion cannot be made with "due diligence," as defined in New York C.P.L.R. 308(4), USB shall inform the Court via letter filed on ECF by February 4, 2011. The letter shall detail USB's diligent attempts at personal service made and cite the statutory and legal authority permitting the Court to order "nail and mail" service in lieu of personal service of the Order to Show Cause, pursuant to C.P.L.R. 308(4) and Local Rule 83.9. USB shall serve a copy of its February 4, 2011 letter request on Mr. Lovy via Federal Express or other means of verifiable delivery and file such certificate of service on ECF. In addition, the Clerk of the Court is respectfully requested to serve a copy of this Order to Show Cause, by Federal Express, on Mr. Robert Lovy, 3277 Bedford Avenue, 2nd Floor Apartment, Brooklyn, New York 11210, and enter proof of delivery on the docket. If Mr. Lovy fully complies with the Rule 45 subpoena, USB shall inform the Court forthwith by ECF and state whether it wishes to withdraw its request for an Order to Show Cause. Ordered by Judge Kiyo A. Matsumoto on 1/27/2011. (Hershenberg, Anna)
January 26, 2011 Filing 79 AFFIDAVIT of Service for Letter, Subpoena, Proposed OSC, Memo of Law & Aff. of Michael DiCanio AFFIDAVIT IN SUPPORT OF SERVICE served on Robert Lovy on 1/20/11 and 1/21/11, filed by U.S. Bank National Association. (DiCanio, Michael)
January 26, 2011 Filing 78 AFFIDAVIT of Service for Letter, Subpoena, Proposed OSC, Memo of Law and Aff. of Michael DiCanio Amended served on Robert Lovy on 1/24/2011, filed by U.S. Bank National Association. (DiCanio, Michael)
January 21, 2011 Filing 77 AFFIDAVIT/AFFIRMATION re #75 Affidavit Amended by U.S. Bank National Association (Attachments: #1 Exhibit A) (DiCanio, Michael)
January 19, 2011 Opinion or Order ORDER re #74 Letter filed by U.S. Bank National Association. Given the history of Mr. Lovy's purposeful evasion of service and given the most recent attempts by U.S. Bank National Association to serve Mr. Lovy personally by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion - specifically, nine times on the dates January 10, 11, 12, 13, 14, and 17, 2011 - the court finds that personal service of the papers on Mr. Lovy by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion cannot be made with "due diligence," as defined in C.P.L.R. 308(4). The court accordingly authorizes service of the motion papers #72 , a copy of this Order, a copy of the subpoena originally served on Mr. Lovy on September 8, 2010, and a copy of this courts' December 23, 2010 and November 12, 2010 Orders by "nail and mail" service pursuant to C.P.L.R. 308(4) in lieu of personal service. Ordered by Judge Kiyo A. Matsumoto on 1/19/2011. (Hershenberg, Anna)
January 18, 2011 Filing 75 AFFIDAVIT/AFFIRMATION re #74 Letter by U.S. Bank National Association (DiCanio, Michael)
January 18, 2011 Filing 74 Letter by U.S. Bank National Association (Attachments: #1 Affidavit of Attempted Service) (DiCanio, Michael)
January 10, 2011 Filing 73 NOTICE by Abe Zeigerman of Attorney Withdrawal (Blaha, Eric)
January 7, 2011 Filing 72 MOTION for Order to Show Cause by U.S. Bank National Association. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order) (DiCanio, Michael)
December 23, 2010 Opinion or Order ORDER re #71 . The parties have advised this court that Mr. Lovy failed to produce documents on December 10, 2010 and failed to appear for his deposition on December 16, 2010, in violation of this court's November 12, 2010 Order. The parties are therefore granted leave to move by Order to Show Cause to hold Mr. Lovy in civil contempt. On or before January 7, 2011, the parties shall file, via ECF, a proposed Order to Show Cause and a memorandum of law setting forth the factual and legal bases as to why Mr. Lovy should be held in civil contempt, with appropriate references to statutory and other legal authority. The parties shall include supporting affidavits and any other relevant documentation with the memorandum of law. Two courtesy copies shall be provided to chambers. On or before January 14, 2011, the parties shall serve on Mr. Lovy a copy of its motion papers, a copy of this Order, a copy of the subpoena originally served on Mr. Lovy on September 8, 2010, and a copy of this courts November 12, 2010 Order. In accordance with Local Rule 83.9, service of these papers shall be made personally on Mr. Lovy by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion. The parties shall file proof of such service by ECF on or before January 14, 2011. If, by January 14, 2011, the parties find that personal service of the papers on Mr. Lovy by delivery in hand or by delivery at Mr. Lovy's residence to a person of suitable age and discretion cannot be made with "due diligence," as defined in C.P.L.R. 308(4), the defendant shall inform the court via letter filed on ECF. The letter shall detail the attempts at personal service made and cite the statutory and legal authority permitting the court to order "nail and mail' service pursuant to C.P.L.R. 308(4) in lieu of personal service. The parties shall serve a copy of that letter request on Mr. Lovy via Federal Express and file such certificate of service on ECF. Ordered by Judge Kiyo A. Matsumoto on 12/23/2010. (Hershenberg, Anna)
December 16, 2010 Filing 71 Letter to Honorable Kiyo A. Matsumoto by U.S. Bank National Association (DiCanio, Michael)
December 15, 2010 Filing 70 Letter to Honorable Andrew L. Carter, Jr. by U.S. Bank National Association (Attachments: #1 Stipulation & Order) (DiCanio, Michael)
November 12, 2010 Filing 76 CERTIFICATE OF SERVICE: Order (Doc. No. #69 ) sent to Robert Lovy at 3277 Bedford Avenue, Brooklyn, NY 11210 via Fed Ex. Tracking # 8696 2842 7799. (Brucella, Michelle) (Williams-Jackson, Sandra).
November 12, 2010 Opinion or Order Filing 69 ORDER re #66 . Mr. Robert Lovy has failed to produce documents and provide testimony pursuant to the Rule 45 subpoena, which was properly served on Mr. Lovy on September 7, 2010 and on September 8, 2010. Mr. Lovy is accordingly ordered to produce the documents required by the subpoena on or before December 10, 2010 to Michael DiCanio, Reed Smith LLP, 599 Lexington Avenue, 28th Floor, New York, New York 10022 and to appear for a deposition at 9:30 a.m. on December 16, 2010 at the offices of Reed Smith LLP, located at 599 Lexington Avenue, 28th Floor, New York, New York 10022. The parties shall immediately inform the court if Mr. Lovy fails to comply with this Order by filing a letter via ECF. If Mr. Lovy does not comply with this Order, the court will issue an Order to Show Cause, requiring Mr. Lovy to show cause why he should not be held in contempt of court for his failure to comply with the subpoena served upon him and with multiple court orders. The court will further grant the parties leave to file, via ECF, a memorandum of law setting forth the factual and legal bases as to why Mr. Lovy should be held in contempt of this court. Mr. Lovy is warned that his continued failure to comply with this courts orders and with the Rule 45 subpoena served upon him will subject him to sanctions, including but not limited to: (1) monetary sanctions for each day he fails to comply with the Rule 45 subpoena and this Order; and (2) an order directing the United States Marshalls to bring him to court. The Clerk of the Court is respectfully requested to serve a copy of this Order, by Federal Express, on Mr. Robert Lovy, 3277 Bedford Avenue, Brooklyn, New York 11210. The court is authorizing service by Federal Express in light of the evidence in the record that Mr. Lovy has continuously and purposefully evaded personal service by the parties. Ordered by Judge Kiyo A. Matsumoto on 11/12/2010. (Hershenberg, Anna)
November 9, 2010 Opinion or Order Filing 68 STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. Ordered by Magistrate Judge Andrew L. Carter, Jr on 11/3/2010. (Brucella, Michelle)
November 3, 2010 Set/Reset Hearings: Settlement Conference set for 2/11/2011 at 2:00 PM in Courtroom 504 North before Magistrate Judge Andrew L. Carter Jr. (Figeroux, Davina)
November 3, 2010 Opinion or Order ORDER granting #67 Motion to Adjourn Settlement Conference to February 11, 2011 at 2:00pm. Ex parte letters must be faxed to chambers at least two days prior. Ordered by Magistrate Judge Andrew L. Carter, Jr on 11/3/2010. (Figeroux, Davina)
November 2, 2010 Filing 67 Letter MOTION to Adjourn Conference scheduled for November 10, 2010 by U.S. Bank National Association. (DiCanio, Michael)
October 22, 2010 Filing 66 Letter to Honorable Kiyo A. Matsumoto by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (DiCanio, Michael)
October 20, 2010 Filing 65 Letter to Honorable Andrew L. Carter, Jr. by U.S. Bank National Association (Attachments: #1 Enclosure - Stipulated Confidentiality & Protective Order) (DiCanio, Michael)
September 8, 2010 Filing 64 AFFIDAVIT/AFFIRMATION re Order,,,,, by U.S. Bank National Association (DiCanio, Michael)
September 7, 2010 Filing 63 AFFIDAVIT/AFFIRMATION re Order,,,,, by U.S. Bank National Association (DiCanio, Michael)
September 3, 2010 Opinion or Order ORDER authorizing alternative service of an updated subpoena on third-party witness, Robert Lovy. Based on the legal and factual bases contained in doc. no. #61 , the submission of defendant U.S. Bank National Association ("defendant"), including but not limited to the fact that: (1) defendant has attempted to personally serve Mr. Lovy over 35 times at his known residence, (2) Mr. Lovy has purposefully evaded service, and (3) additional costs and delays would result by requiring further attempts at personal service, the court finds that service of an updated subpoena on Mr. Lovy by both "nail and mail" and by a means of verifiable delivery to his last known address will satisfy the service requirements of Rule 45. The court finds these methods of service to be reasonably designed to assure actual receipt of the subpoena by Mr. Lovy and reasonably calculated under the circumstances to provide Mr. Lovy with both notice and an opportunity to provide objections. Defendant's request to withdraw without prejudice its applications before Judge Carter to enforce subpoenas directed to third-party witnesses, Abe Zeigerman and Jesse Stein, is granted. By 9/7/10, defendant shall serve a copy of this Order on Mr. Lovy and file a certificate of service by ECF. So Ordered by Judge Kiyo A. Matsumoto on 9/3/2010. (Kabrawala, Ameet)
September 2, 2010 Filing 62 AFFIDAVIT/AFFIRMATION re #61 Letter by U.S. Bank National Association (DiCanio, Michael)
September 2, 2010 Filing 61 Letter brief in support of request for leave by U.S. Bank National Association (DiCanio, Michael)
August 30, 2010 Filing 60 NOTICE of Appearance by Eric P. Blaha on behalf of Abe Zeigerman (aty to be noticed) (Blaha, Eric)
August 25, 2010 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 8/25/2010. Stephen Stern, Esq. appeared for the plaintiff. Steven Cooper, Esq. and Michael DiCanio, Esq. appeared for the defendant U.S. Bank National Association. The court discussed the defendant's requests #58 to enforce a subpoena personally served on Mr. Lovy, and expressed concern that the subpoena personally served on Mr. Lovy on August 6, 2010 was dated October 16, 2009 and had return dates of November 16 and 25, 2009. The court ordered as follows: (1) defendant's request for leave to move to serve Mr. Lovy by alternative means with an updated subpoena is granted. Defendant shall file a letter brief via ECF citing relevant legal authority for its position, serve a copy of the letter brief on Mr. Lovy and file a certificate of service by ECF; and (2) defendant shall move similarly with respect to #59 its 8/23/10 application to enforce subpoenas directed to third party witnesses, Abe Zeigerman and Jesse Stein, before Judge Carter. (Hershenberg, Anna)
August 23, 2010 Filing 59 Letter by U.S. Bank National Association (Attachments: #1 Exhibit A) (DiCanio, Michael)
August 23, 2010 Opinion or Order ORDER re #58 Letter filed by U.S. Bank National Association. The parties are ordered to appear for a telephone status conference on 8/25/10 at 11:00 a.m. to discuss the requests made by defendant in #58 . Defendant shall initiate the call to chambers with all parties on the line. Ordered by Judge Kiyo A. Matsumoto on 8/23/2010. (Hershenberg, Anna)
August 12, 2010 Filing 58 Letter by U.S. Bank National Association (Attachments: #1 Exhibit A) (DiCanio, Michael)
August 3, 2010 Opinion or Order SCHEDULING ORDER: The 8/16/10 Settlement Conference is adjourned to 11/10/2010 at 2:30 PM in Courtroom 504 North. Parties are to fax ex-parte letters to Chambers (718-613-2225) at least two business days before any settlement conference outlining their respective positions on settlement. The 9/9/10 Telephone Status Conference is adjourned without a date. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 8/3/2010. (Hunter-Hicks, Tara)
August 3, 2010 Opinion or Order ORDER re #56 Letter filed by U.S. Bank National Association. Defendant's request to continue its attempts to serve Mr. Lovy personally is granted. By 8/20/10, the defendant shall submit a status letter via ECF informing the court whether Mr. Lovy has been personally served and, if not, the attempts at personal service that have been made. Ordered by Judge Kiyo A. Matsumoto on 8/3/2010. (Hershenberg, Anna)
July 30, 2010 Filing 57 Letter by U.S. Bank National Association (DiCanio, Michael)
July 30, 2010 Filing 56 Letter by U.S. Bank National Association (DiCanio, Michael)
July 27, 2010 Set/Reset Hearings: The parties' request to adjourn today's telephone conference is granted. The conference is re-scheduled for 9/9/2010 at 9:30 AM before Magistrate Judge Andrew L. Carter Jr. Plaintiff is to initiate the call with all relevant participants on the line. (Dharia, Kruti)
July 26, 2010 Filing 55 Letter by U.S. Bank National Association (DiCanio, Michael)
July 12, 2010 Opinion or Order ORDER re #54 Letter filed by U.S. Bank National Association. Defendant's request to continue its attempts to serve Mr. Lovy personally is granted. By 7/30/10, the defendant shall submit a status letter via ECF informing the court whether Mr. Lovy has been personally served and, if not, the attempts at personal service that have been made. Ordered by Judge Kiyo A. Matsumoto on 7/12/2010. (Hershenberg, Anna)
July 9, 2010 Filing 54 Letter by U.S. Bank National Association (DiCanio, Michael)
June 25, 2010 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 6/25/2010. Stephen Stern, Esq. and Mark Geisler, Esq. appeared for the plaintiff. Steven Cooper, Esq., Harry Rimm, Esq. and Michael DiCanio, Esq. appeared for the defendant. The court is not convinced that the defendant complied with Rule 45 of the Federal Rules of Civil Procedure in serving Mr. Lovy with the Rule 45 subpoena via substitute service. The court accordingly orders as follows: (1) The defendant is directed to effect proper service of the subpoena on Mr. Lovy in the manner proscribed by Rule 45; (2) The 6/04/10 Order to Show Cause #49 is vacated without prejudice; (3) The defendant's Motion for Contempt #50 is denied without prejudice; and (4) By 7/9/10, the defendants shall submit a status letter via ECF informing the court whether Mr. Lovy has been personally served and, if not, the attempts at personal service that have been made. (Hershenberg, Anna)
June 25, 2010 Opinion or Order ORDER denying without prejudice #50 Motion for Contempt. For the reasons stated in the 6/25/10 Minute Entry, defendant's Motion for Contempt is denied without prejudice. Ordered by Judge Kiyo A. Matsumoto on 6/25/2010. (Hershenberg, Anna)
June 24, 2010 Opinion or Order ORDER re #53 Letter filed by U.S. Bank National Association. Because the defendant has not filed a declaration of service demonstrating that Mr. Lovy has been served with the 6/04/10 Order to Show Cause and accompanying papers, the court converts the 6/25/10 Order to Show Cause Hearing to a Telephone Status Conference. Defendant's request to continue to serve Mr. Lovy personally will be addressed at the conference. Defendant should initiate the call to chambers at 10:30 a.m. with all parties on the line. Ordered by Judge Kiyo A. Matsumoto on 6/24/2010.(Hershenberg, Anna)
June 23, 2010 Filing 53 Letter by U.S. Bank National Association (DiCanio, Michael)
June 14, 2010 Opinion or Order SCHEDULING ORDER: Order re: Document 52. The 6/17/10 Settlement Conference is adjourned to 8/16/2010 at 2:00 PM in Courtroom 504 North before Magistrate Judge Andrew L. Carter Jr. Parties are to fax ex-parte letters to Chambers (718-613-2225) at least two business days before any settlement conference outlining their respective positions on settlement. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 6/14/2010. (Hunter-Hicks, Tara)
June 14, 2010 Opinion or Order ORDER re #51 Letter filed by U.S. Bank National Association. The defendant has offered proof that, since this court's 6/4/10 Order, it has made five unsuccessful attempts to serve Mr. Lovy by hand delivery or by delivery at Mr. Lovy's residence to a person of suitable age and discretion. Defendant's request to continue its attempts to serve Mr. Lovy personally is granted, but its request to serve Mr. Lovy by nail and mail is denied. Defendant shall continue to attempt to serve Mr. Lovy personally through June 23, 2010 and seek more information as to his whereabouts. If Mr. Lovy is not served personally before the 6/25/10 hearing, the hearing may be rescheduled. The defendant shall file a letter via ECF by close of business on 6/23/10, informing the court of the status of service. Ordered by Judge Kiyo A. Matsumoto on 6/14/2010. (Hershenberg, Anna)
June 11, 2010 Filing 52 Letter by U.S. Bank National Association (DiCanio, Michael)
June 11, 2010 Filing 51 Letter by U.S. Bank National Association (DiCanio, Michael)
June 8, 2010 Filing 50 MOTION for Contempt by U.S. Bank National Association. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R) (DiCanio, Michael)
June 4, 2010 Opinion or Order Filing 49 ORDER TO SHOW CAUSE. Show Cause Hearing set for 6/25/2010 at 10:30 AM in Courtroom North 4E before Judge Kiyo A. Matsumoto. If Mr. Lovy fails to appear, he will be subject to arrest for civil contempt of court. On or before June 10, 2010, defendant shall file, via ECF, a memorandum of law setting forth the factual and legal bases as to why Mr. Lovy should be held in contempt, with appropriate references to statutory and other legal authority. Defendant shall include supporting affidavits and any other relevant documentation with the memorandum of law. By June 10, 2010, defendant shall serve on Mr. Lovy a copy of these papers, this Order, and a copy of the subpoena originally served on Mr. Lovy on October 19, 2009. Service shall be made by delivery in hand, or by delivery at Mr. Lovy's residence to a person of suitable age and discretion, and defendant shall file proof of such service by ECF on or before June 11, 2010. By June 17, 2010, Mr. Lovy shall set forth, in writing, the factual and legal bases supporting his position that he should not be held in civil contempt, and file such papers with this court. If Mr. Lovy complies with the subpoena, defendant shall inform the court forthwith by ECF. Ordered by Judge Kiyo A. Matsumoto on 6/4/2010. (Hershenberg, Anna)
June 4, 2010 Filing 48 Letter to Hon. Kiyo A. Matsumoto by U.S. Bank National Association (Attachments: #1 Attachment) (DiCanio, Michael)
June 4, 2010 Filing 47 Letter to Hon. Andrew L. Carter, Jr. by U.S. Bank National Association (DiCanio, Michael)
June 1, 2010 Opinion or Order SCHEDULING ORDER: Due to a conflict on the court's calendar, the 6/25/10 Telephone Status Conference is adjourned to 7/27/2010 at 1:15 PM; plaintiff's counsel to initiate call. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 6/1/2010. (Hunter-Hicks, Tara)
May 14, 2010 Opinion or Order Filing 46 CERTIFICATION OF CONTEMPT: In light of the above facts certified pursuant to 28 U.S.C. 636(e), this Court respectfully recommends that Robert Lovy be directed to appear before Hon. Kiyo A. Matsumoto to show cause why he should not be found in contempt for failing to comply with the subpoena served upon him and with his orders of this Court. Ordered by Magistrate Judge Andrew L. Carter, Jr., on 5/14/2010. (Abdallah, Fida)
May 13, 2010 Opinion or Order Filing 45 ORDER re: #35 Motion to Compel and #37 Motion to Quash: Defendant's Motion to Compel is granted in part and denied in part. Defendant's motionto compel Plaintiff to produce documents in the possession of entities with which he is affiliatedis GRANTED. On or before May 27,2010, Plaintiff is directed to produce the requestedinformation and documents concerning the VTE and Reuben loans and those concerning EliVerschleiser and the Multi Group of companies that are in Plaintiff's possession or in thepossession of any of the named entities. Defendant's motion to compel Plaintiff to producesignature exemplars and information regarding bank accounts held in his name or the name ofany entity with which Plaintiff is affiliated is DENIED without prejudice.Plaintiff's Motion to Quash is granted in part and denied in part. Plaintiff's motion toquash a non-party subpoena directed to JPMorgan Chase is GRANTED. Instead, on or beforeMay 27,2010, JPMorgan Chase is ordered to produce all documents which contain the Plaintiff'soriginal or copied signature from May 2007 to December 2007, including but not limited to allchecks, withdrawals and deposits. Plaintiff's motion to quash with regard to documentsrequested from Joseph J. Furst, CPA, is DENIED. Ordered by Magistrate Judge Andrew L. Carter, Jr on 5/13/2010. (Lee, Tiffeny)
May 10, 2010 Filing 44 TRANSCRIPT of Proceedings held on 5/6/2010, before Magistrate Judge Andrew Carter Jr. Court Transcriber FIORE TRANSCRIPTION SERVICE, Telephone number (203) 929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2010. Redacted Transcript Deadline set for 6/10/2010. Release of Transcript Restriction set for 8/9/2010. (Clarke, Melonie)
May 6, 2010 Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Order to Show Cause Hearing held on 5/6/2010. Mark Geisler and Stephen Stern for plaintiff. Steve Cooper and Michael DiCanio for defendant. Mr. Lovy does not appear. Oral argument held. Parties to file joint status report on or before 6/4/2010 re: Mr. Verschleiser. Telephone Status Conference set for 6/25/2010 at 12:30 PM; plaintiff's counsel to initiate call. (FTR- 11:13 - 12:17) (Hunter-Hicks, Tara) Modified on 5/13/2010 (Hunter-Hicks, Tara).
April 27, 2010 Opinion or Order ORDER: Due to an unforeseen scheduling conflict that has arisen, the 4/28/2010 show cause hearing and status conference have both been adjourned to 5/6 at 11:15 AM in Courtroom 504N. Mr. Robert Lovy is ordered to appear before this Court on 5/6/10 at 11:15 AM to show cause why he should not be held in contempt for failing to abide by this Courts 2/18/10 Order. Failure to appear may result in sanctions. Defendant is directed to attempt to contact Mr. Lovy as soon as possible to notify him of the adjournment and to serve a copy of this order on Mr. Lovy on or before 5/3. Counsel for both Plaintiff and Defendant should also both appear for the 5/6 conference to address a few remaining questions regarding Doc. 35 (Defendants Motion to Compel) and Doc. 37 (Plaintiffs Motion to Quash). Ordered by Magistrate Judge Andrew L. Carter, Jr. on 4/27/2010. (Hunter-Hicks, Tara) Modified on 4/27/2010 (Hunter-Hicks, Tara).
April 26, 2010 Opinion or Order SCHEDULING ORDER: The Conference scheduled for 4:15 p.m. on 4/28/2010 is canceled. Pursuant to a letter submitted to chambers by parties, the court will address the Order to Show Cause and the remaining questions on the parties' motions at the in-person conference scheduled for 2:45 p.m. on 4/28/2010. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 4/26/2010. (Hunter-Hicks, Tara)
April 26, 2010 NOTICE of Hearing: Due to a scheduling conflict, the 4/27/2010 Telephone Status Conference has been adjourned to 4/28/2010 at 4:15 PM. Plaintiff's counsel to initiate call. (Hunter-Hicks, Tara)
April 19, 2010 NOTICE: The 5/18/2010 Pre-trial Conference is adjourned sine die. (Hunter-Hicks, Tara)
April 15, 2010 Opinion or Order ORDER: Mr. Robert Lovy is ordered to appear before this Court on 4/28/10 at 2:45 PM in Courtroom 504N to show cause why he should not be held in contempt for failing to abide by this Courts 2/18/10 Order. Failure to appear may result in sanctions. Defendant is directed to serve a copy of this order, along with a copy of this Courts 2/18 Order, on Mr. Lovy on or before 4/21. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 4/15/2010. (Hunter-Hicks, Tara)
April 15, 2010 Opinion or Order ORDER: A telephone status conference will be held on 4/27/10 at 11:15 a.m. regarding Doc. 35 (Defendants Motion to Compel) and Doc. 37 (Plaintiffs Motion to Quash) to address several remaining questions. Although the Court was to issue a ruling by the end of the week, ruling on the two motions will be reserved until after the 4/27/10 telephone conference. Plaintiff is directed to initiate the call and conference in the Court when all parties are on the line. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 4/15/2010. (Hunter-Hicks, Tara)
April 1, 2010 Filing 43 REPLY in Support re #37 Letter MOTION to Quash /Modify nonparty subpoenas filed by Abraham Leser. (Attachments: #1 Exhibit A) (Geisler, Mark)
March 29, 2010 Filing 42 NOTICE of Appearance by Steven Cooper on behalf of U.S. Bank National Association (aty to be noticed) (Cooper, Steven)
March 26, 2010 Filing 41 NOTICE of Appearance by Harry Henry Rimm on behalf of U.S. Bank National Association (aty to be noticed) (Rimm, Harry)
March 26, 2010 Filing 40 REPLY in Support re #35 Letter MOTION to Compel filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B) (DiCanio, Michael)
March 26, 2010 Filing 39 RESPONSE to Motion re #37 Letter MOTION to Quash /Modify nonparty subpoenas filed by U.S. Bank National Association. (DiCanio, Michael)
March 26, 2010 Filing 38 Letter by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (DiCanio, Michael)
March 19, 2010 Filing 37 Letter MOTION to Quash /Modify nonparty subpoenas by Abraham Leser. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Geisler, Mark)
March 19, 2010 Filing 36 RESPONSE to Motion re #35 Letter MOTION to Compel filed by Abraham Leser. (Geisler, Mark)
March 12, 2010 Filing 35 Letter MOTION to Compel by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Marlow, Danielle)
March 5, 2010 Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Pre-Motion Telephone Conference held on 3/5/2010. Mark Geisler for plaintiff. Steven Cooper. Discovery discussions held. Briefing Schedule for Motion to Quash: Plaintiff's motion due 3/19/2010; Defendant's response due 3/26/2010; Plaintiff's reply, if any due 4/2/2010. Court's decision reserved for two weeks after motion submissions. The 3/8/2010 Telephone Status Conference and the 4/13/2010 Status Conference are adjourned. Settlement Conference set for 6/17/2010 at 2:00 PM in Courtroom 504 North. Parties are to fax ex-parte letters to Chambers (718-613-2225) at least two business days before any settlement conference outlining their respective positions on settlement. (Hunter-Hicks, Tara)
March 5, 2010 Filing 34 AFFIDAVIT/AFFIRMATION Affidavit of Service of Memorandum and Order and Subpoena served upon Eli Verschleiser by U.S. Bank National Association (Marlow, Danielle)
March 5, 2010 Filing 33 AFFIDAVIT/AFFIRMATION Affidavit of Service of Memorandum and Order and Subpoena upon Robert Lovy by U.S. Bank National Association (Marlow, Danielle)
March 4, 2010 Filing 32 NOTICE of Appearance by Danielle Jan Marlow on behalf of U.S. Bank National Association (aty to be noticed) (Marlow, Danielle)
March 1, 2010 Opinion or Order ORDER: Document 31 So Ordered by Magistrate Judge Andrew L. Carter, Jr. on 3/1/2010. (Hunter-Hicks, Tara)
March 1, 2010 Opinion or Order SCHEDULING ORDER: Pre Motion Telephone Conference re: Document 28 set for 3/5/2010 at 12:00 PM; plaintiff's counsel to initiate the call and conference in the Court (718-613-2220) after all parties are on the line. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 3/1/2010. (Hunter-Hicks, Tara)
February 25, 2010 Filing 31 Letter regarding Scheduling Order by U.S. Bank National Association (DiCanio, Michael)
February 23, 2010 Filing 30 Letter in response to Plaintiff's request for a pre-motion conference re: motion to quash/modify subpoenas by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B) (DiCanio, Michael)
February 19, 2010 Opinion or Order Filing 29 MEMORANDUM AND ORDER: Plaintiff's motion to compel Defendant's representatives to appear for deposition in New York is denied, and Defendant's motion to compel the non-party witnesses to provide documents and testimony is granted. Ordered by Magistrate Judge Andrew L. Carter, Jr on 2/18/2010. (Brucella, Michelle)
February 19, 2010 Opinion or Order ORDER re Document #23 . The parties are directed to provide briefing regarding Defendant's request to compel responses to Defendant's interrogatories and requests for production. Defendant's motion due 3/12/10. Plaintiff's response due 3/19/10. Defendant's reply, if any, due 3/26/10. Letter briefs not to exceed five pages. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 2/19/2010. (Hunter-Hicks, Tara)
February 19, 2010 Opinion or Order ORDER: Document #27 is So Ordered by Magistrate Judge Andrew L. Carter, Jr. on 2/19/2010. (Hunter-Hicks, Tara)
February 18, 2010 Filing 28 Letter requesting pre-motion conference re: motion to quash/modify subpoenas by Abraham Leser (Geisler, Mark)
January 28, 2010 Filing 27 Letter regarding Scheduling Order by U.S. Bank National Association (DiCanio, Michael)
January 14, 2010 Filing 26 Letter in response to defendant's counsel's letter dated January 14, 2010 by Abraham Leser (Geisler, Mark)
January 14, 2010 Filing 25 Letter in response to Plaintiff's January 13, 2010 letter to Court by U.S. Bank National Association (DiCanio, Michael)
January 13, 2010 Filing 24 Letter in response to defendant's counsel's letter dated January 12, 2010 by Abraham Leser (Geisler, Mark)
January 12, 2010 Filing 23 Letter by U.S. Bank National Association (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (DiCanio, Michael)
December 10, 2009 Filing 22 RESPONSE to Motion re #20 MOTION for Discovery to take Defendant's representatives' depositions in New York filed by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B) (DiCanio, Michael)
December 10, 2009 Filing 21 RESPONSE to Motion re #19 Letter MOTION to Compel filed by Abraham Leser. (Geisler, Mark)
December 7, 2009 Filing 20 MOTION for Discovery to take Defendant's representatives' depositions in New York by Abraham Leser. (Geisler, Mark)
December 4, 2009 Filing 19 Letter MOTION to Compel by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (DiCanio, Michael)
December 1, 2009 Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Telephone Status Conference held on 12/1/2009. Mark Geisler for plaintiff. Danielle Marlow and Michael DiCanio for defendant. Discovery discussions held.Defendant to submit Motion to Compel by 12/04/09. Plaintiff's response due 12/10/09. Plaintiff to submit letter motion re: deposing defendants in New York by 12/07/09. Defendant's response due 12/11/09. The 12/10/09 Telephone Conference is adjourned sine die. (Hunter-Hicks, Tara)
November 30, 2009 Filing 18 Letter by U.S. Bank National Association (DiCanio, Michael)
November 30, 2009 Filing 17 Letter by Abraham Leser (Geisler, Mark)
November 23, 2009 Opinion or Order SCHEDULING ORDER: Telephone Conference set for 12/1/2009 AT 11:00 AM; plaintiff's counsel to initiate the call and conference in the Court after all parties are on the line. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 11/23/2009. (Hunter-Hicks, Tara)
November 20, 2009 Filing 16 Letter with respect to letter from defendant's counsel dated November 20, 2009 by Abraham Leser (Geisler, Mark)
November 20, 2009 Filing 15 Letter by U.S. Bank National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (DiCanio, Michael)
October 8, 2009 Filing 14 STATUS REPORT Joint Report by Abraham Leser (Geisler, Mark)
October 6, 2009 Filing 13 CASE MANAGEMENT STATEMENT Amended Initial Conference Questionnaire (DiCanio, Michael)
October 5, 2009 Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Initial Conference held on 10/5/2009. Steven Stern and Mark Geisler for plaintiff(s). Steven Cooper and Danielle Marlow for defendant(s). Discovery discussions held. Telephone Conference set for 12/10/2009 at 12:30 PM; plaintiff's counsel to initiate the call and conference in the Court when all parties are on the line. Telephone Conference set for 3/8/2010 at 10:30 AM; plaintiff's counsel to initiate the call. Settlement Conference set for 4/13/2010 at 11:30 AM in Courtroom 504 North before Magistrate Judge Andrew L. Carter, Jr. Pretrial Conference set for 5/18/2010 at 10:30 AM in Courtroom 504 North before Magistrate Judge Andrew L. Carter, Jr. (Hunter-Hicks, Tara)
October 1, 2009 Filing 12 Answer to Counterclaims ANSWER to #11 Answer to Complaint, Counterclaim by Abraham Leser. (Geisler, Mark)
September 17, 2009 Opinion or Order ORDER re: #7 Motion for Pre Motion Conference. Defendant's request for a pre-motion conference is denied without prejudice. The parties shall appear before Judge Carter as scheduled (See Doc. No. #10 ) and jointly submit a status report within three days after the conference before Judge Carter. Ordered by Judge Kiyo A. Matsumoto on 9/17/2009. (Maxwell, Jill)
September 11, 2009 Filing 11 ANSWER to #1 Complaint, COUNTERCLAIM against Abraham Leser by U.S. Bank National Association. (DiCanio, Michael)
September 11, 2009 Opinion or Order Filing 10 ENDORSED ORDER granting #8 Consent Motion. The 9/17/2009 Status Conference has been adjourned to 10/05/2009 at 10:30 a.m. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 9/11/2009. (Hunter-Hicks, Tara)
September 11, 2009 Filing 9 RESPONSE in Opposition re #7 MOTION for pre motion conference filed by Abraham Leser. (Geisler, Mark)
September 10, 2009 Filing 8 Consent MOTION to Adjourn Conference by Abraham Leser. (Geisler, Mark)
September 9, 2009 Filing 7 MOTION for pre motion conference by U.S. Bank National Association. (DiCanio, Michael)
September 9, 2009 Filing 6 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. (DiCanio, Michael)
September 9, 2009 Opinion or Order ORDER: Plaintiff shall respond to defendant's pre-motion conference request by 9/11/09. Ordered by Judge Kiyo A. Matsumoto on 9/9/2009. (Maxwell, Jill)
August 7, 2009 Opinion or Order Filing 5 ORDER ORDER granting extension of time to answer by September 11, 2009. (Jackson, Andrew)
August 6, 2009 Filing 4 STIPULATION To Extend Time to Answer Or Otherwise Plead by U.S. Bank National Association (DiCanio, Michael)
July 17, 2009 Opinion or Order Filing 3 ORDER: An initial conference will be held on September 17, 2009 at 10:30 AM before USMJ Andrew L. Carter, Jr in Courtroom 504N. Counsel for all parties must be present and report to the Courtroom upon arrival to the courthouse. Plaintiff's counsel is requested to confirm with defendant's counsel that all necessary participants are aware of this conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. The attached questionnaire must be completed and brought to the conference. Ordered by Magistrate Judge Andrew L. Carter, Jr on 7/17/2009. (Attachments: #1 Initial Conference Questionnaire) (Brucella, Michelle)
July 8, 2009 Filing 2 WAIVER OF SERVICE Returned Executed by Abraham Leser. U.S. Bank National Association waiver sent on 6/5/2009, answer due 8/4/2009. (Geisler, Mark)
June 29, 2009 Magistrate Judge Andrew L. Carter, Jr added. Magistrate Judge Marilyn D. Go no longer assigned to case. (Vaughn, Terry)
June 4, 2009 Filing 1 COMPLAINT against U.S. Bank National Association $ 350 Disclosure Statement on Civil Cover Sheet completed -No,, filed by Abraham Leser. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly)
June 4, 2009 Summons Issued as to U.S. Bank National Association. (Davis, Kimberly)

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Search for this case: Leser v. U.S. Bank National Association
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Material witness: Abe Zeigerman
Represented By: Eric P. Blaha
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Material witness: Robert Lovy
Represented By: Simcha D. Schonfeld
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Defendant: Aron Mandel, as Nominee for John Does 1-20
Represented By: Seth Eisenberger
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Defendant: U.S. Bank National Association
Represented By: Michael Nicholas DiCanio
Represented By: Harry Henry Rimm
Represented By: Gregory Charles Johnson
Represented By: Emily Stern
Represented By: Matthew D. Parrott
Represented By: Danielle Jan Marlow
Represented By: Steven Cooper
Represented By: Efrat Cohen
Represented By: Allison Michele Wuertz
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Receiver: Matthew D. Parrott
Represented By: Matthew D. Parrott
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Interested party: Lockaway Storage Centre, Inc.
Represented By: Ona T. Wang
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Interested party: The Leser Group Ltd.,
Represented By: Yehuda David Scharf
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Interested party: Berish Leser
Represented By: Ona T. Wang
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Garnishee: United Bobov International, Inc.
Represented By: Herbert Rubin
Represented By: Mark A. Weissman
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Plaintiff: Abraham Leser
Represented By: Ona T. Wang
Represented By: Mindy L. Kallus
Represented By: Joel Steven Schneck
Represented By: Robert L. Rimberg
Represented By: Mark William Geisler
Represented By: Stephen R. Stern
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Respondent: Mrs. Edith Leser
Represented By: Andrew J. Ryan
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