United States of America v. 115-98 Park Lane South, Kew Gardens, NY 11418 et al
Plaintiff: United States of America
Defendant: 83-83 115th Street, Richmond Hills, NY 11418, 107-24 71st Road, PH3B Forest Hills, NY 11375, 115-98 Park Lane South, Kew Gardens, NY 11418, 119 Ralph Avenue, Brookyln, New York 11221, 245 McKinley Avenue, Island Park, NY 11558 and 9 Oakley Street, Massapequa, NY 11758
Claimant: Zhora Tabibov, Basanda Khaimov, Capital Stack Fund, LLC, Bank Of America, N.A. and Mark Tabibov
Case Number: 1:2010cv03748
Filed: August 13, 2010
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Brian M Cogan
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 21 U.S.C. § 881 Forfeiture Property - Real Estate
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 2, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2018 Filing 131 Seizure Warrant Returned Executed. Served on 12/8/17. $821,370.87 was deposited into asset forfeiture fund. (Guzzi, Roseann)
September 14, 2015 Filing 130 Seizure Warrant Returned Executed. Served on 4/2/15. (Guzzi, Roseann)
September 14, 2015 Filing 129 Seizure Warrant Returned Executed. Served on 3/24/15. (Guzzi, Roseann)
June 26, 2014 Filing 128 Seizure Warrant Returned Executed. Served at Rental Payments Collected for 245 McKinley Avenue, Island Park, NY 11558 on 6/6/2014. (Barrett, C)
June 26, 2014 Filing 127 Seizure Warrant Returned Executed. Served at Rental Payments Collected for 9 Oakley Street, Massapequa, NY 11758 on 6/6/2014. (Barrett, C)
December 10, 2013 Filing 126 MANDATE of USCA as to #123 Notice of Appeal, filed by Capital Stack Fund, LLC. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on September 5, 2012, is AFFIRMED. Issued as Mandated: 12/10/13 (Attachments: #1 STATEMENT OF COSTS) (McGee, Mary Ann)
October 28, 2013 Filing 125 NOTICE of Appearance by Jonathan M. Robbin on behalf of Bank Of America, N.A. (aty to be noticed) (Robbin, Jonathan)
May 21, 2013 Filing 124 MOTION to Compel sale pursuant to settlement agreement by Basanda Khaimov, Mark Tabibov, Zhora Tabibov. (Waller, Brian)
May 21, 2013 Opinion or Order ORDER denying #124 Motion to Compel without prejudice to renewal upon presentation of legal authority authorizing the relief requested. Ordered by Judge Brian M. Cogan on 5/21/2013. (Weisberg, Peggy)
November 5, 2012 Filing 123 NOTICE OF APPEAL as to #122 Order on Motion for Attorney Fees by Capital Stack Fund, LLC. Filing fee $ 455, receipt number 0207-5822862. (Attachments: #1 Certificate of Service) (Moscow, John) Service done electronically. Modified on 11/5/2012 (Manuel, Germaine).
November 5, 2012 Electronic Index to Record on Appeal sent to US Court of Appeals. #123 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. (Manuel, Germaine)
September 5, 2012 Opinion or Order Filing 122 MEMORANDUM DECISION AND ORDER denying #112 Motion for Attorney Fees. Please see attached order for further details. Ordered by Judge Brian M. Cogan on 9/4/2012. (Siegfried, Evan)
August 6, 2012 Filing 121 NOTICE by Capital Stack Fund, LLC of Withdrawal of Appearance of Carlos Ramos-Mrosovsky and Order (Attachments: #1 Affidavit in Support, #2 Certificate of Service) (Ramos-Mrosovsky, Carlos)
June 5, 2012 Filing 120 REPLY in Support re #112 MOTION for Attorney Fees Notice of Renewed and Amended Application for Attorney's Fees and Costs Memorandum of Law in Reply to Plaintiff's Opposition to Capital Stack Fund LLC's Application for Attorney's Fees filed by Capital Stack Fund, LLC. (Moscow, John)
May 29, 2012 Filing 119 AFFIDAVIT/DECLARATION in Opposition re #112 MOTION for Attorney Fees Notice of Renewed and Amended Application for Attorney's Fees and Costs filed by United States of America. (Attachments: #1 Exh. A, #2 Exh. B, #3 Exh. C, #4 Exh. D, #5 Exh. E, #6 Exh. F, #7 Exh. G, #8 Exh. H, #9 Exh. I, #10 Exh. J, #11 Exh. K, #12 Exh. L, #13 Exh. M, #14 Exh. N, #15 Exh. O, #16 Exh. P, #17 Exh. Q, #18 Exh. R, #19 Exh. S, #20 Exh. T, #21 Exh. U, #22 Exh. V, #23 Exh. W, #24 Exh. X, #25 Exh. Y, #26 Exh. Z) (Lekakis, Artemis) (Attachment 1 replaced on 8/20/2012) (Chow, Alice). (Attachment 3 replaced on 8/20/2012) (Chow, Alice). (Attachment 8 replaced on 8/20/2012) (Chow, Alice). (Attachment 16 replaced on 8/20/2012) (Chow, Alice).
May 29, 2012 Filing 118 MEMORANDUM in Opposition to Claimant Capital Stack's Motion for Attorneys' Fees filed by United States of America. (Lekakis, Artemis)
May 25, 2012 Opinion or Order ORDER denying #116 motion to bifurcate. The parties may have ten extra pages for their briefs. Since there is no evidence before this Court to support the government's implication that Capital Stack has misrepresented the number of hours its attorneys billed to this particular case, the government's motion to compel unredacted time entries is denied. Ordered by Judge Brian M. Cogan on 5/25/2012. (Weisberg, Peggy)
May 24, 2012 Filing 117 Letter in Response to the Government's Request for Bifurcated and Extended Briefing by Capital Stack Fund, LLC (Moscow, John)
May 23, 2012 Filing 116 MOTION to Bifurcate Capital Stack's Attorneys' Fees motion into liability and damages components. Request for stay of motion practice on calculation of damages until threshold liability issue is determined. Request for complete copies of Capital Stack's attorneys' fees invoices. If motion to bifurcate and stay damages calculation motion practice is denied, motion for leave to file an oversized brief (with partial consent). by United States of America. (Lekakis, Artemis)
May 8, 2012 Opinion or Order ORDER granting #115 Motion for Extension of Time to File Response/Reply to claimant Capital Stack LLC's motion for attorney's fees to 5/29/2012. Ordered by Judge Brian M. Cogan on 5/8/2012. (Weisberg, Peggy)
May 7, 2012 Filing 115 Consent MOTION for Extension of Time to File Response/Reply to claimant Capital Stack LLC's motion for attorney's fees by United States of America. (Lekakis, Artemis)
May 1, 2012 Filing 114 AFFIDAVIT/DECLARATION in Support re #112 MOTION for Attorney Fees Notice of Renewed and Amended Application for Attorney's Fees and Costs Declaration of John W. Moscow in Support of Capital Stack Fund LLC's Motion for Attorney's Fees and Costs filed by Capital Stack Fund, LLC. (Attachments: #1 Exhibit A to the Declaration of John Moscow, #2 Exhibit B to the Declaration of John Moscow, #3 Exhibit C to the Declaration of John Moscow) (Moscow, John) (Main Document 114 replaced on 8/20/2012) (Chow, Alice). (Attachment 1 replaced on 8/20/2012) (Chow, Alice). (Attachment 2 replaced on 8/20/2012) (Chow, Alice).
May 1, 2012 Filing 113 MEMORANDUM in Support re #112 MOTION for Attorney Fees Notice of Renewed and Amended Application for Attorney's Fees and Costs filed by Capital Stack Fund, LLC. (Moscow, John) (Main Document 113 replaced on 8/21/2012) (Chow, Alice). (Main Document 113 replaced on 8/21/2012) (Chow, Alice).
May 1, 2012 Filing 112 MOTION for Attorney Fees Notice of Renewed and Amended Application for Attorney's Fees and Costs by Capital Stack Fund, LLC. (Moscow, John)
January 12, 2012 Filing 111 Letter respectfully requesting the Court to unseal the Notice of Motion for Attorneys Fees filed by Capital Stack Fund LLC to reflect it in the public record and apologizing for any inconvenience that may have been caused to the Court or counsel for the United States by Capital Stack Fund, LLC (Moscow, John)
January 12, 2012 Opinion or Order ORDER re #111 Letter filed by Capital Stack Fund, LLC requesting to unseal the Notice of Motion for attorney fees. Document #106 is unsealed. Ordered by Judge Brian M. Cogan on 1/12/2012. (Clarke, Melonie)
January 11, 2012 Opinion or Order ORDER denying #106 Motion for Attorney Fees as premature with leave to reinstate by notice upon resolution of the Petition for remission. The Court's Order dated 1/6/2012 setting opposition and reply dates is therefore vacated. Capital Stack is directed not to file motions as "Ex Parte" on ECF without cause. Ordered by Judge Brian M. Cogan on 1/11/2012. (Weisberg, Peggy)
January 11, 2012 Opinion or Order ORDER denying as moot #109 Motion to Stay all proceedings relating to Capital Stack's Motion for Attorney's Fees. Ordered by Judge Brian M. Cogan on 1/11/2012. (Weisberg, Peggy)
January 10, 2012 Filing 110 Letter in response to the United States Motion to Stay All Proceedings for Attorneys Fees, pending the determination of Capital Stacks Petition for Remission, or, in the alternative Motion for Extension of Time To File Response/Reply by Capital Stack Fund, LLC (Moscow, John)
January 10, 2012 Filing 109 MOTION to Stay all proceedings relating to Capital Stack's Motion for Attorney's Fees, pending the determination of Capital Stack's Petition for Remission, or, in the alternative, MOTION for Extension of Time to File Response/Reply by United States of America. (Lekakis, Artemis)
January 6, 2012 Opinion or Order ORDER re #106 MOTION for Attorneys Fees. Government to file its opposition by 1/20/12; claimant's reply due by 1/27/12. Ordered by Judge Brian M. Cogan on 1/6/2012. (Weisberg, Peggy)
January 5, 2012 Filing 108 MEMORANDUM in Support re #106 MOTION for Attorney Fees filed by Capital Stack Fund, LLC. (Moscow, John)
January 5, 2012 Filing 107 AFFIDAVIT/DECLARATION in Support re #106 MOTION for Attorney Fees filed by Capital Stack Fund, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Moscow, John)
January 5, 2012 Filing 106 MOTION for Attorney Fees by Capital Stack Fund, LLC, United States of America. (Moscow, John)
December 22, 2011 Opinion or Order Filing 105 Settlement Agreement, Stipulation and Final Order of Forfeiture. Ordered by Judge Brian M. Cogan on 12/22/2011. (Siegfried, Evan)
December 21, 2011 Filing 104 SETTLEMENT AGREEMENT , Stipulation and Final Order of Forfeiture by United States of America (Lekakis, Artemis)
December 16, 2011 Filing 103 Joint MOTION for Extension of Time to File fully executed Settlement Agreement, Stipulation and Final Order of Forfeiture by United States of America. (Lekakis, Artemis)
December 16, 2011 Opinion or Order ORDER granting #103 Motion for Extension of Time to File fully executed Settlement Agreement to 12/21/11. Ordered by Judge Brian M. Cogan on 12/16/2011. (Weisberg, Peggy)
December 9, 2011 Opinion or Order ORDER granting #102 Motion for Extension of Time to File Joint Settlement Proposal to 12/16/11. Further extensions are unlikely; if the case is not resolved, the Court is prepared to rule on the pending motions. Ordered by Judge Brian M. Cogan on 12/9/2011. (Weisberg, Peggy)
December 8, 2011 Filing 102 Joint MOTION for Extension of Time to File Joint Settlement Proposal by United States of America. (Lekakis, Artemis)
November 22, 2011 MINUTE ENTRY for status conference held before Judge Brian M. Cogan on 11/22/2011. Both sides present. The parties represented that they are close to reaching an agreement and shall submit a status report to this Court by 12/8/2011. See transcript for details. (Court reporter: Fred Guerino.) (Weisberg, Peggy)
October 28, 2011 MINUTE ENTRY for conference held before Judge Brian M. Cogan on October 27, 2011. Both sides present. The Court will hold another conference on November 22 at 10:45 AM after the parties have attempted to arrive at a consensual plan for resolving this action. See transcript for details. (Court Reporter: Charisse Kitt) (Weisberg, Peggy)
October 25, 2011 Opinion or Order SCHEDULING ORDER: The Court will hold a hearing on 10/27 at 10:00 am in Courtroom 8D South on parties' submissions #93 #96 #101 . Ordered by Judge Brian M. Cogan on 10/25/2011. (Weisberg, Peggy)
October 24, 2011 Filing 101 MEMORANDUM in Opposition re #93 Notice of MOTION to Dismiss claims against certain defendants-in-rem and to vacate the March 8, 2011 Revised Order for Interlocutory Sale and Partial Order of Forfeiture filed by Capital Stack Fund, LLC. (Moscow, John)
October 24, 2011 Filing 100 MEMORANDUM in Support re #96 MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Moscow, John)
October 24, 2011 Filing 99 DECLARATION re #96 MOTION for Summary Judgment by Evan Wiederkehr in Support of the Motion for Summary Judgment by Capital Stack Fund, LLC (Moscow, John)
October 24, 2011 Filing 98 DECLARATION re #96 MOTION for Summary Judgment , #97 Rule 56.1 Statement by Capital Stack Fund, LLC (Attachments: #1 Exhibit A to the Declaration of John Moscow, #2 Exhibit B to the Declaration of John Moscow, #3 Exhibit C to the Declaration of John Moscow) (Moscow, John)
October 24, 2011 Filing 97 RULE 56.1 STATEMENT re #96 MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Moscow, John)
October 24, 2011 Filing 96 MOTION for Summary Judgment by Capital Stack Fund, LLC. (Moscow, John)
October 7, 2011 Filing 95 AFFIDAVIT/DECLARATION in Support re #93 Notice of MOTION to Dismiss claims against certain defendants-in-rem and to vacate the March 8, 2011 Revised Order for Interlocutory Sale and Partial Order of Forfeiture filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Lekakis, Artemis)
October 7, 2011 Filing 94 MEMORANDUM in Support re #93 Notice of MOTION to Dismiss claims against certain defendants-in-rem and to vacate the March 8, 2011 Revised Order for Interlocutory Sale and Partial Order of Forfeiture filed by United States of America. (Lekakis, Artemis)
October 7, 2011 Filing 93 Notice of MOTION to Dismiss claims against certain defendants-in-rem and to vacate the March 8, 2011 Revised Order for Interlocutory Sale and Partial Order of Forfeiture by United States of America. Responses due by 10/24/2011 (Lekakis, Artemis)
October 6, 2011 Opinion or Order ORDER re #92 Letter filed by United States of America, #91 Letter filed by Capital Stack Fund, LLC. Both lawyers have engaged in improper conduct. Capital Stack has violated this Court's Individual Practice Rules by presenting a discovery dispute in a manner not permitted by those rules. Plaintiff's lawyer is refusing to engage in discovery to gain leverage as to his preferred terms of dismissal of this action. If the parties, incredibly, can't agree on dismissal terms, then plaintiff should file a motion under Rule 41 and the Court will determine the proper terms for dismissal. Unless and until that happens, plaintiff is obligated to proceed with discovery according to the Scheduling Order entered by the Court and will be sanctioned if it does not. Ordered by Judge Brian M. Cogan on 10/6/2011. (Cogan, Brian)
October 4, 2011 Filing 92 Letter responding to Capital Stack's October 4, 2011 letter by United States of America (Lekakis, Artemis)
October 4, 2011 Filing 91 Letter to Hon. Brian M. Cogan from attorney, John Moscow- Re:Scheduling of a Deposition by Capital Stack Fund, LLC (Moscow, John)
September 21, 2011 Filing 90 Letter submitted jointly on behalf of plaintiff United States and claimant Capital Stack Fund LLC requesting a settlement conference with the Court by United States of America (Lekakis, Artemis)
September 21, 2011 Opinion or Order ORDER re #90 Joint Letter. This Court does not engage in settlement discussions. Both lawyers are experienced practitioners and if they want to settle the case, they will. If the parties insist, the Court will refer the case to a Magistrate Judge for that purpose with the understanding that such a referral will not in any way result in an adjustment of the schedule of this case. Ordered by Judge Brian M. Cogan on 9/21/2011. (Cogan, Brian)
September 19, 2011 Filing 89 Seizure Returned Executed. Served on 9/12/11. (Guzzi, Roseann)
August 6, 2011 Opinion or Order ORDER granting #88 Motion for Extension of Time to Complete Discovery to 10/24/11. It is extremely unlikely that any further extensions will be granted. If any party runs into discovery difficulty either from its adversary or a non-party witness, it is incumbent on that party to quickly attempt negotiated resolution and, if unsuccessful, to just as quickly bring the matter to the Court's attention for resolution (as to which the Court may well award attorneys' fees against the non-prevailing party) or that discovery will be deemed waived. In so ruling, the Court is not validating the Government's professed need for seven depositions or emails from non-party witnesses, both of which seem absurd in the context of this case, and if a ruling on them becomes necessary, may well cause the imposition of sanctions. Ordered by Judge Brian M. Cogan on 8/6/2011. (Cogan, Brian)
August 5, 2011 Filing 88 First MOTION for Extension of Time to Complete Discovery and file motions for summary judgment on the issue of innocent ownership by United States of America. (Lekakis, Artemis)
August 5, 2011 Filing 87 Letter requesting the Court to schedule a conference by Capital Stack Fund, LLC (Moscow, John)
July 26, 2011 Opinion or Order Filing 86 MEMORANDUM DECISION AND ORDER dated 7/25/11 that the Government's #53 Motion to Dismiss is DENIED. The parties shall have 45 days from the entry of this Order to complete discovery on the question of innocent owner and make renewed motions for summary judgment. ( Ordered by Judge Brian M. Cogan on 7/25/2011 ) (Guzzi, Roseann)
July 25, 2011 Opinion or Order Filing 85 Stipulation of Settlement and Partial Final Order of Forfeiture. ( Ordered by Judge Brian M. Cogan on 7/21/2011 ) (Guzzi, Roseann)
July 20, 2011 Filing 84 Letter enclosing Stipulation of Settlement and Partial Final Order of Forfeiture between United States and Khaimov Claimants by United States of America (Attachments: #1 Stipulation of Settlement and Partial Final Order of Forfeiture) (Lekakis, Artemis)
July 14, 2011 Opinion or Order ORDER granting #83 Motion for Extension of Time to File Stipulation of Settlement to 7/20/11. Ordered by Judge Brian M. Cogan on 7/14/2011. (Weisberg, Peggy)
July 13, 2011 Filing 83 Joint MOTION for Extension of Time to File Stipulation of Settlement between plaintiff United States and Khaimov Claimants by United States of America. (Lekakis, Artemis)
June 20, 2011 Filing 82 Letter regarding filing of Amended Notice of Pendency by United States of America (Attachments: #1 Exhibit Amended Notice of Pendency) (Lekakis, Artemis)
May 31, 2011 Filing 81 Letter advising Court of settlement in principle between the United States and the Khaimov Claimants by United States of America (Lekakis, Artemis)
May 24, 2011 Filing 80 CERTIFICATE OF SERVICE by United States of America of William K. Helwagen, dated May 24, 2011, evidencing service of verified complaint (Lekakis, Artemis)
May 18, 2011 Filing 79 Letter dated 5/10/11 from Nino Jolivet to Judge Cogan, in response to produce documents or records. Mr. Jolivet is unfamiliar with any other names and addresses mentioned in the court letter and assumes that such letter was mailed to him in error. (w/enc.) (Galeano, Sonia)
April 13, 2011 Minute Entry for Hearing held on 4/13/11 before Judge Brian M. Cogan. Counsel for plaintiff and for the Khaimov claimants present. Motion for Extension of Time to Complete Discovery #76 was denied. The previous scheduling order entered on 3/28/11 was vacated. The Court set the following firm dates: plaintiff must file its motion for summary judgment by 5/31/11; opposition by 6/14; reply, if any, by 6/21. (Court Reporter: Fred Guerino). (Clarke, Melonie)
April 8, 2011 Filing 78 Letter regarding misconception contained in Capital Stack's April 8, 2011 letter by United States of America (Lekakis, Artemis)
April 8, 2011 Filing 77 Letter advising the Court, that counsel does not intend to be present at the April 13, 2011 hearing due to the representation by the AUSA that the hearing concerns claims of the Untited States and the Khaimov Claimants by Capital Stack Fund, LLC (Moscow, John)
April 7, 2011 Filing 76 MOTION for Extension of Time to Complete Discovery, MOTION to Adjourn Conference by United States of America. (Lekakis, Artemis)
April 7, 2011 Opinion or Order SCHEDULING ORDER: The Court will hold a hearing on 4/13/11 at 4:30 pm in Courtroom 8D South on parties' Motion for Extension of Time to Complete Discovery. Ordered by Judge Brian M. Cogan on 4/7/2011. (Weisberg, Peggy)
March 28, 2011 Opinion or Order SCHEDULING ORDER: With respect to the properties not subject to the Interlocutory Sale and Partial Order of Forfeiture entered on March 7, 2011, the parties are required to file a Joint Pretrial Order using the form posted on the Court's website by 4/18/11. The parties are to simultaneously deliver to Chambers a set of those exhibits to which objection has been made, and those portions of deposition testimony that a party intends to offer and to which the adversary objects, both as reflected in the Joint Pretrial Order, so that the Court can rule on the objections at the Conference to the extent practicable. Final Pretrial Conference is set for 4/25/11 at 4:30 P.M. in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 3/28/2011. (Weisberg, Peggy)
March 10, 2011 Opinion or Order Order re #75 Letter. Leave to file a reply in support of Capital Stack's motion for summary judgment is DENIED. At the status conference held on 1/21/11 in part to discuss the instant motion, Capital Stack did not alert the Court to its intention of filing a cross-motion for summary judgment. If it had, the Court would have established a schedule for exchanging motions, not responding and cross-moving against the Government's motion. As the Court previously stated, the Court will award Capital Stack summary judgment if it is entitled to it on the record. Ordered by Judge Brian M. Cogan on 3/10/2011. (Weisberg, Peggy)
March 10, 2011 Filing 75 Letter requesting the Court to confirm that Capital Stack may file a Memorandum of Law in further support of its Cross-Motion for Summary Judgment by Capital Stack Fund, LLC (Moscow, John)
March 9, 2011 Filing 74 RULE 56.1 STATEMENT - Plaintiff's Response to Capital Stack's Statement of Additional Undisputed Facts filed by United States of America. (Lekakis, Artemis)
March 9, 2011 Filing 73 AFFIDAVIT/DECLARATION in Support re #53 Notice of MOTION to Dismiss or for Summary Judgment --Supplemental Declaration In Support of Government's Motion and in Opposition to Capital Stack's Motion filed by United States of America. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R) (Lekakis, Artemis)
March 9, 2011 Filing 72 REPLY in Support of Plaintiff's Motion to Dismiss or for Summary Judgment and In Opposition to Capital Stack's Motion for Summary Judgment filed by United States of America. (Lekakis, Artemis)
March 8, 2011 Opinion or Order Filing 71 REVISED Order for Interlocutory Sale and Partial Order of Forfeiture. ( Ordered by Judge Brian M. Cogan on 3/7/2011 ) (Guzzi, Roseann)
March 8, 2011 Opinion or Order ORDER. In light of the Revised Order for Interlocutory Sale #71 , the Court's previous Judgment and Decree of Forfeiture #52 entered on 2/8/11 is hereby vacated. Ordered by Judge Brian M. Cogan on 3/8/2011. (Weisberg, Peggy)
March 7, 2011 Filing 70 Letter enclosing Joint Proposed Interlocutory Sale Order by United States of America (Attachments: #1 Proposed Order for Interlocutory Sale and Partial Order of Forfeiture) (Lekakis, Artemis)
March 6, 2011 Filing 69 NOTICE of Appearance by Carlos Ramos-Mrosovsky on behalf of Capital Stack Fund, LLC (aty to be noticed) (Ramos-Mrosovsky, Carlos)
March 4, 2011 Filing 68 CERTIFICATE OF SERVICE by United States of America dated March 4, 2011, noting that the verified complaint and notice of complaint under 18 USC sec. 985, was served on persons and entities identified in the Government's February 8, 2011 letter to the Court (Lekakis, Artemis)
March 3, 2011 Minute Entry for Hearing held on 3/3/11 before Judge Brian M.Cogan. Claimant Capital Stack and plaintiff present. To the extent plaintiff has not served all the potential claimants of which it is aware with notice of this proceeding, it shall do so by 3/7/11. Capital Stack and plaintiff shall submit a proposed interlocutory order of sale as discussed at the hearing. If the parties cannot agree on a proposed order, they shall advise the Court and another hearing will be held on 3/7/11 at 6:00 PM in Courtroom 8D South. See transcript for details. (Court Reporter Charleane Heading). (Weisberg, Peggy)
March 2, 2011 Filing 67 Letter MOTION to Continue status conference currently scheduled for March 3, 2011, by one week by United States of America. (Nandan, Kathleen)
March 2, 2011 Opinion or Order ORDER denying #67 Motion to Continue. Although the Court wishes Mr. Lekakis a speedy recovery, this is a ministerial conference at which the Court will simply respond to the issue raised in his letter, and thus his presence is not required. Ordered by Judge Brian M. Cogan on 3/2/2011. (Weisberg, Peggy)
March 1, 2011 Filing 66 AFFIDAVIT/DECLARATION in Support re #61 Cross MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Attachments: #1 Exhibit 1 of the Gallagher Declaration, #2 Exhibit 2 of the Gallagher Declaration, #3 Exhibit 3 of the Gallagher Declaration, #4 Exhibit 4-1 of the Gallagher Declaration, #5 Exhibit 4-2 of the Gallagher Declaration, #6 Exhibit 4-3 of the Gallagher Declaration, #7 Exhibit 5 of the Gallagher Declaration, #8 Exhibit 6 of the Gallagher Declaration, #9 Exhibit 7 of the Gallagher Declaration, #10 Exhibit 8 of the Gallagher Declaration) (Moscow, John)
March 1, 2011 Filing 65 AFFIDAVIT/DECLARATION in Support re #61 Cross MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Moscow, John)
March 1, 2011 Filing 64 RULE 56.1 STATEMENT re #53 Notice of MOTION to Dismiss or for Summary Judgment, #61 Cross MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Moscow, John)
March 1, 2011 Filing 63 MEMORANDUM in Support re #61 Cross MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Attachments: #1 Exhibit to the Memorandum of Law in Support of the Cross-Motion For Summary Judgment) (Moscow, John)
March 1, 2011 Filing 62 AFFIDAVIT/DECLARATION in Support re #61 Cross MOTION for Summary Judgment filed by Capital Stack Fund, LLC. (Attachments: #1 Exhibit to the Gelbard Declaration) (Moscow, John)
March 1, 2011 Filing 61 Cross MOTION for Summary Judgment by Capital Stack Fund, LLC. (Moscow, John)
February 28, 2011 Opinion or Order SCHEDULING ORDER: Conference set for 3/3/2011 at 6:00 PM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 2/28/2011. (Clarke, Melonie)
February 25, 2011 Filing 60 Letter requesting clarification and reconsideration of the Court's proposed February 11, 2011 Final Order of Forfeiture by United States of America (Lekakis, Artemis)
February 23, 2011 Filing 59 Second MOTION for Extension of Time to File Response/Reply referencing no objection by Plaintiff by Capital Stack Fund, LLC. (Wiederkehr, Evan)
February 23, 2011 Filing 58 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Dismiss Answer of Capital Stack by Capital Stack Fund, LLC. (Wiederkehr, Evan)
February 23, 2011 Opinion or Order ORDER granting #58 Motion for Extension of Time to File Response/Reply. Opposition due by 3/1/11; reply, if any, by 3/8/11. Ordered by Judge Brian M. Cogan on 2/23/2011. (Weisberg, Peggy)
February 22, 2011 Filing 57 Letter requesting leave to file a cross-motion for summary judgment without a pre-motion conference by Capital Stack Fund, LLC (Moscow, John)
February 22, 2011 Opinion or Order ORDER re #57 Letter filed by Capital Stack Fund, LLC requesting waiver of premotion conference. There is no need for a formal motion for summary judgment since plaintiff's summary judgment motion searches the record and judgment can be granted for Capital Stack. See New England Health Care Employees Union v. Mount Sinai Hospital, 65 F.3d 1024, 1030 (2d Cir. 1995); Sunderlin v. First Reliance Standard Life Ins. Co., 235 F. Supp.2d 222, 226 (W.D.N.Y. 2002); Sparaco v. Lawler, Matusky, Skelly Engineers LLP, 60 F.Supp.2d 247, 255 (S.D.N.Y. 1999). Capital Stack can simply brief its entitlement to summary judgment as part of its opposition to plaintiff's motion. Ordered by Judge Brian M. Cogan on 2/22/2011. (Cogan, Brian)
February 11, 2011 Filing 56 AFFIDAVIT/DECLARATION in Support re #53 Notice of MOTION to Dismiss or for Summary Judgment filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O) (Lekakis, Artemis)
February 11, 2011 Filing 55 RULE 56.1 STATEMENT in Support of Plaintiff's Motion to Dismiss or For Summary Judgment filed by United States of America. (Lekakis, Artemis)
February 11, 2011 Filing 54 MEMORANDUM in Support of Plaintiff's Motion To Dismiss or For Summary Judgment filed by United States of America. (Lekakis, Artemis)
February 11, 2011 Filing 53 Notice of MOTION to Dismiss or for Summary Judgment by United States of America. Responses due by 2/25/2011 (Lekakis, Artemis)
February 11, 2011 Opinion or Order Filing 52 JUDGMENT AND DECREE OF FORFEITURE against ONLY 245 McKinley Avenue, Island Park, NY 11558, 9 Oakley Street, Massapequa, NY 11758. ( Ordered by Judge Brian M. Cogan on 2/8/2011 ) *certified copies forwarded U.S. Attorney. (Guzzi, Roseann)
February 9, 2011 Opinion or Order Order re #51 Letter. Plaintiff is directed to send the Judgment and Decree of Forfeiture (to be docketed separately) to the individuals and entities identified in the letter at their last known addresses. Ordered by Judge Brian M. Cogan on 2/9/2011. (Weisberg, Peggy)
February 9, 2011 Minute Entry for Hearing held on 2/08/11 before Judge Brian M.Cogan. Claimant Capital Stack and plaintiff present. The parties consented to a final order of forfeiture as to two of the properties. See Judgment and Decree of Forfeiture, which will be docketed separately. See transcript for details. (Court Reporter Alan Sherman). (Weisberg, Peggy)
February 8, 2011 Filing 51 Letter , pursuant to directives at Feb. 8, 2011 conference, identifying additional potential claimants by United States of America (Lekakis, Artemis)
February 7, 2011 Filing 50 Letter requesting the Court to change the time of the 2/8/11 hearing from 10:30 am to 11:30am by Capital Stack Fund, LLC (Moscow, John)
February 7, 2011 Opinion or Order SCHEDULING ORDER: The Court will hold a hearing on 2/8/11 at 10:30 am in Courtroom 8D South on parties' #48 and #49 submissions. Ordered by Judge Brian M. Cogan on 2/7/2011. (Weisberg, Peggy)
February 7, 2011 Reset Time: Hearing reset for 2/8/2011 at 11:30 AM in Courtroom 8D South before Judge Brian M. Cogan. (Clarke, Melonie)
February 6, 2011 Filing 49 Letter in response to United States' 2/5/11 Letter regarding the Government's Objection to a proposed Interlocutory Sale Order by Capital Stack Fund, LLC (Moscow, John)
February 5, 2011 Filing 48 Letter pursuant to Court's Feb. 3, 2011 Order re: the government's objection to a proposed Interlocutory Sale Order by United States of America (Lekakis, Artemis)
February 3, 2011 Opinion or Order Filing 47 ORDER. The Court will enter the annexed Order on 2/7/11 unless it receives an objection from any party prior to that date. Ordered by Judge Brian M. Cogan on 2/3/2011. (Weisberg, Peggy)
February 3, 2011 Filing 46 Letter in accordance with the Court's 2/3/11 Order directing Capital Stack to notify the Court within 48 hours regarding the sale of the properties under the terms proposed by the Government by Capital Stack Fund, LLC (Moscow, John)
February 3, 2011 Opinion or Order ORDER re #44 & #45 Letters. The Court has reviewed the proposed orders and is inclined to sign the Government's version as it is of the view that Capital Stack has overreached. If Capital Stack objects to the sale of the properties under the terms proposed by the Government, then it shall notify the Court within 48 hours. If Capital Stack does not object to the sale, the Court will so order it. Ordered by Judge Brian M. Cogan on 2/3/2011. (Weisberg, Peggy)
February 2, 2011 Filing 45 Letter enclosing Proposed Order for Interlocutory Sale pursuant to Jan. 21, 2011 Conference by United States of America (Attachments: #1 Proposed Order) (Lekakis, Artemis)
February 2, 2011 Filing 44 Letter in accordance with the Court's 1/21/11 Order directing Capital Stack to file a proposed order of reference for a sale of the properties to which Capital Stack has made claims by Capital Stack Fund, LLC (Attachments: #1 Proposed Order For Interlocutory Sale) (Moscow, John)
January 25, 2011 Opinion or Order Filing 43 ORDER FOR PRODUCTION. ( Ordered by Judge Brian M. Cogan on 1/24/2011 ) (Guzzi, Roseann)
January 21, 2011 Minute Entry for Status Conference held on 1/21/11 before Judge Brian M.Cogan. All parties present. The Court set the following dates: by 2/2/11 plaintiff and claimant Capital Stack shall file a proposed order of reference for a sale of the properties to which Capital Stack has made claims; by 2/11 plaintiff shall fall any motion to strike or dismiss Capital Stack; opposition is due by 2/25; reply, if any, by 3/4. If the outstanding discovery disputes between plaintiff and the Khaimov claimants are not resolved, then the parties shall file a joint discovery dispute letter by 2/4/11. (Court Reporter: Ron Tolkin). (Clarke, Melonie)
January 20, 2011 Filing 42 Letter enclosing Proposed Order for Production by United States of America (Attachments: #1 Proposed Order) (Lekakis, Artemis)
January 14, 2011 NOTICE TO ALL COUNSEL. Status Conference scheduled for 1/21/11 at 11:00 am will be held in Courtroom 8D South. (Weisberg, Peggy)
January 4, 2011 Filing 41 MOTION to Adjourn Conference to alternative date of 1/21/10 by Capital Stack Fund, LLC. (Wiederkehr, Evan)
January 4, 2011 Opinion or Order ORDER granting #41 Motion to Adjourn Conference. Status Conference rescheduled for 1/21/2011 at 11:00 AM in Courtroom 4F North before Judge Brian M. Cogan. (Clarke, Melonie)
January 3, 2011 Filing 40 MOTION to Adjourn Conference currently scheduled for January 7, 2011 by United States of America. (Lekakis, Artemis)
December 28, 2010 Opinion or Order Filing 39 STIPULATION AND ORDER OF CONFIDENTIALITY. ( Ordered by Judge Brian M. Cogan on 12/22/2010 ) (Guzzi, Roseann)
December 21, 2010 Filing 38 Letter enclosing proposed Confidentiality Stipulation and Order by United States of America (Attachments: #1 Proposed Order) (Lekakis, Artemis)
December 21, 2010 Opinion or Order ORDER granting #37 Motion to Adjourn Conference. Status Conference reset to 1/7/2011 at 2:15 PM in Courtroom 4F North. Ordered by Judge Brian M. Cogan on 12/21/2010. (Weisberg, Peggy)
December 20, 2010 Filing 37 MOTION to Adjourn Conference currently scheduled for Jan. 3, 2011 by United States of America. (Lekakis, Artemis)
December 20, 2010 Filing 36 NOTICE of Appearance by Evan Wiederkehr on behalf of Capital Stack Fund, LLC (aty to be noticed) (Wiederkehr, Evan)
December 10, 2010 Opinion or Order SCHEDULING ORDER: The Court will hold a Status Conference on 1/3/2011 at 11:30 AM in Courtroom 4F North. Ordered by Judge Brian M. Cogan on 12/10/2010. (Weisberg, Peggy)
December 7, 2010 Filing 33 Letter setting forth objections to discovery demands filed pursuant to the Court's Orders of October 21, November 17, and November 24, 2010 by United States of America (Lekakis, Artemis)
November 24, 2010 Filing 32 MOTION for Extension of Time to File Objections to Document Requests and Motion for an Extension of Time to Produce Documents Not Subject to Objection by United States of America. (Lekakis, Artemis)
November 24, 2010 Opinion or Order ORDER granting #32 Motion for Extension of Time for discovery: (i) the time to serve objections shall be extended from November 30, 2010 to December 7, 2010 and (ii) the time to produce documents notsubject to objection shall be extended from December 14, 2010 to December 21, 2010. The Court is troubled by the statement that Capital Stack has issued a standing instruction to its counsel not to consent to reasonable extensions. The Court's view is that common courtesy requires such consent unless the party refusing it would be prejudiced. The effect of the instruction is to simply shift more issues to the Court that should be resolved by the parties themselves and thus unnecessarily waste the Court's resources. For this reason, a blanket instruction not to consent could constitute vexatious litigation and subject the party or its attorney to sanctions. The blanket instruction is particularly ill-advised coming from Capital Stack, since it is not even clear that Capital Stack has standing to appear in this action. Ordered by Judge Brian M. Cogan on 11/24/2010. (Cogan, Brian)
November 19, 2010 Filing 31 Letter Pursuant to the Court's October 21, 2010 Order Regarding Discovery by Capital Stack Fund, LLC (Moscow, John)
November 19, 2010 Filing 30 Letter identifying documents sought in discovery pursuant to Court's 11/17/10 Order by Basanda Khaimov, Mark Tabibov, Zhora Tabibov (Waller, Brian)
November 17, 2010 Opinion or Order ORDER re #29 Letter filed by Claimants requesting new discovery schedule. The stay previously imposed is vacated. Since Claimants have already served their document request, plaintiff shall serve its request by 11/19/10. Objections shall be served by 11/30/10, provided, however, that prior to the service of any objections, the attorneys for the parties shall have an in-person (not on the telephone) meeting to attempt to resolve any objections. The parties should bear in mind that should the Court need to resolve any discovery dispute alleging the overbreadth of any request or the inadequacy of any response, there is a likelihood that attorneys' fees will be imposed in favor of the prevailing party under Rule 37. Documents not subject to objection will be produced by 12/14/10. Ordered by Judge Brian M. Cogan on 11/17/2010. (Cogan, Brian)
November 17, 2010 Opinion or Order AMENDED ORDER re #29 Letter filed by Claimants requesting new discovery schedule. The stay previously imposed is vacated. Since plaintiff has already served its document request, Claimants shall serve their requests by 11/19/10. Objections shall be served by 11/30/10, provided, however, that prior to the service of any objections, the attorneys for the parties shall have an in-person (not on the telephone) meeting to attempt to resolve any objections. The parties should bear in mind that should the Court need to resolve any discovery dispute alleging the overbreadth of any request or the inadequacy of any response, there is a likelihood that attorneys' fees will be imposed in favor of the prevailing party under Rule 37. Documents not subject to objection will be produced by 12/14/10. Ordered by Judge Brian M. Cogan on 11/17/2010.
November 16, 2010 Filing 29 Letter Requesting New Discovery Schedule by Basanda Khaimov, Mark Tabibov, Zhora Tabibov (Waller, Brian)
November 15, 2010 Filing 28 NOTICE of Appearance by Brian David Waller on behalf of 107-24 71st Road, PH3B Forest Hills, NY 11375, 115-98 Park Lane South, Kew Gardens, NY 11418, 119 Ralph Avenue, Brookyln, New York 11221, 245 McKinley Avenue, Island Park, NY 11558, 83-83 115th Street, Richmond Hills, NY 11418, 9 Oakley Street, Massapequa, NY 11758, Basanda Khaimov, Mark Tabibov, Zhora Tabibov (aty to be noticed) (Waller, Brian)
November 10, 2010 Filing 27 Corporate Disclosure Statement by Capital Stack Fund, LLC (Moscow, John)
November 10, 2010 Filing 26 Verified ANSWER to #1 Complaint, by Capital Stack Fund, LLC. (Moscow, John)
November 2, 2010 Filing 25 CERTIFICATE OF SERVICE by United States of America Affidavit of publication, legal notice was published on an official government website, www.forfeiture.gov on September 24, 2010 and ending on October 23, 2010. (Lekakis, Artemis)
October 27, 2010 Filing 24 Letter by United States of America (Lekakis, Artemis)
October 27, 2010 Filing 23 SUMMONS Returned Executed by United States of America. 107-24 71st Road, PH3B Forest Hills, NY 11375 served on 9/29/2010, answer due 10/20/2010; 115-98 Park Lane South, Kew Gardens, NY 11418 served on 9/29/2010, answer due 10/20/2010; 119 Ralph Avenue, Brookyln, New York 11221 served on 9/27/2010, answer due 10/18/2010; 245 McKinley Avenue, Island Park, NY 11558 served on 10/1/2010, answer due 10/22/2010; 83-83 115th Street, Richmond Hills, NY 11418 served on 10/4/2010, answer due 10/25/2010; 9 Oakley Street, Massapequa, NY 11758 served on 10/4/2010, answer due 10/25/2010. (Guzzi, Roseann)
October 27, 2010 Opinion or Order ORDER re #22 Request for Production of Documents filed by United States of America. This filing violates Fed.R.Civ.P. 5(d)(1). Plaintiff is ORDERED to desist from further violations. Ordered by Judge Brian M. Cogan on 10/27/2010. (Cogan, Brian)
October 27, 2010 Opinion or Order ORDER re #24 Letter filed by United States of America. No refiling is necessary. In the future, counsel should not only properly designate filings, but when filing letters, should include a description of the contents of the letter in the ECF description line (e.g., "letter requesting clarification as to Order of 10/27/10", rather than simply "letter,") so the docket remains intelligible. Ordered by Judge Brian M. Cogan on 10/27/2010. (Cogan, Brian)
October 26, 2010 Filing 22 REQUEST for Production of Documents by United States of America. (Lekakis, Artemis)
October 26, 2010 Filing 21 CERTIFICATE OF SERVICE by Basanda Khaimov, Mark Tabibov, Zhora Tabibov 10/26/10 Order granting Lawrence F. Ruggiero's Motion to Withdraw as Attorney and staying action until 11/16/10 to allow Claimants to retain new counsel (Ruggiero, Lawrence)
October 26, 2010 Opinion or Order ORDER. Good cause having been shown, the Court grants Motion #11 to Withdraw as Attorney. Because attorney Roy Kulcsar is not eligible to appear before the Court by reason of his suspension, the action is hereby stayed until 11/16/2010 to allow the Khaimov claimants to retain new counsel. Plaintiff is directed to serve its discovery requests as scheduled. Upon expiration of the stay, the Khaimov claimants must comply with the discovery order entered by this Court or their claims will be stricken. Attorney Lawrence Ruggiero is directed to print out a copy of this Order, serve it promptly on the Khaimov claimants, and file proof of service forthwith. Ordered by Judge Brian M. Cogan on 10/26/2010. (Weisberg, Peggy)
October 22, 2010 Filing 19 Letter by Basanda Khaimov, Mark Tabibov, Zhora Tabibov (Ruggiero, Lawrence)
October 22, 2010 Opinion or Order ORDER re #19 Letter filed by Zhora Tabibov, Mark Tabibov, Basanda Khaimov. Mr. Ruggiero's motion to withdraw was not denied because he failed to appear; the Court was aware that these claimants sought to have Mr. Kulcsar appear and thus did not require Mr. Ruggiero's presence. Rather, Mr. Ruggiero's motion to withdraw was denied because it was predicated on Mr. Kulcsar's substitution, and as discussed at the conference, Mr. Kulcsar is suspended from practicing in this Court and thus cannot appear. The Court therefore denied Mr. Kulcsar's motion to substitute. If Mr. Ruggiero wishes to renew his motion, he will have to demonstrate good cause because if the Court grants his motion, it will leave these claimants without representation. Ordered by Judge Brian M. Cogan on 10/22/2010. (Cogan, Brian)
October 21, 2010 Opinion or Order Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 10/21/10. All parties present. Motions #14 and #15 to Substitute Attorney and Motion #11 to Withdraw as Attorney denied without prejudice to renew. Motion #18 for Leave to Appear Pro Hac Vice granted. The Court set the following dates: by 10/26/2010 the Khaimov claimants and the plaintiff shall file letters with the Court specifying, in detail, the documents they are requesting; objections to those requests, if any, are to be filed by 11/3; responses by 11/8. Following the Court's ruling on these objections, the parties will have two weeks to produce the documents. If the claimants do not produce the documents, their claims will be stricken. See transcript for details. So Ordered by Judge Brian M. Cogan. (Court Reporter Allan Sherman.) (Clarke, Melonie)
October 21, 2010 Filing 18 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice of Thomas S. Gallagher Filing fee $ 25, receipt number 0207-4422928. by Capital Stack Fund, LLC. (Attachments: #1 Affidavit in Support Application for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Gallagher, Thomas)
October 2, 2010 Opinion or Order ORDER granting #17 Motion for Extension of Time to Answer. Capital Stack Fund, LLC answer due 11/10/2010. Ordered by Judge Brian M. Cogan on 10/2/2010. (Cogan, Brian)
October 1, 2010 Filing 17 Letter MOTION for Extension of Time to File Answer re #1 Complaint, from October 13, 2010 to November 10, 2010, on consent, by Capital Stack Fund, LLC. (Moscow, John)
October 1, 2010 Filing 16 NOTICE of Appearance by John W. Moscow on behalf of Capital Stack Fund, LLC (aty to be noticed) (Moscow, John)
October 1, 2010 Filing 15 MOTION to Substitute Attorney by 107-24 71st Road, PH3B Forest Hills, NY 11375, 115-98 Park Lane South, Kew Gardens, NY 11418, 119 Ralph Avenue, Brookyln, New York 11221, 245 McKinley Avenue, Island Park, NY 11558, 83-83 115th Street, Richmond Hills, NY 11418, 9 Oakley Street, Massapequa, NY 11758. (Kulcsar, Roy)
October 1, 2010 Filing 14 MOTION to Substitute Attorney by Basanda Khaimov, Mark Tabibov, Zhora Tabibov. (Kulcsar, Roy)
October 1, 2010 Filing 13 Verified ANSWER to #1 Complaint, by 107-24 71st Road, PH3B Forest Hills, NY 11375, 115-98 Park Lane South, Kew Gardens, NY 11418, 119 Ralph Avenue, Brookyln, New York 11221, 245 McKinley Avenue, Island Park, NY 11558, 83-83 115th Street, Richmond Hills, NY 11418, 9 Oakley Street, Massapequa, NY 11758. (Kulcsar, Roy)
October 1, 2010 Filing 12 Verified ANSWER to #1 Complaint, by 107-24 71st Road, PH3B Forest Hills, NY 11375, Basanda Khaimov, Mark Tabibov, Zhora Tabibov. (Kulcsar, Roy)
September 30, 2010 Filing 11 First MOTION to Withdraw as Attorney by Basanda Khaimov, Mark Tabibov, Zhora Tabibov. (Ruggiero, Lawrence)
September 28, 2010 Filing 10 Consent MOTION to Adjourn Conference by United States of America. (Lekakis, Artemis)
September 28, 2010 Filing 9 NOTICE of Appearance by Roy Raymond John Kulcsar on behalf of Basanda Khaimov, Mark Tabibov, Zhora Tabibov (aty to be noticed) (Kulcsar, Roy) (Main Document 9 replaced on 8/20/2012) (Chow, Alice).
September 28, 2010 Filing 8 NOTICE of Appearance by Roy Raymond John Kulcsar on behalf of 107-24 71st Road, PH3B Forest Hills, NY 11375, 115-98 Park Lane South, Kew Gardens, NY 11418, 119 Ralph Avenue, Brookyln, New York 11221, 245 McKinley Avenue, Island Park, NY 11558, 83-83 115th Street, Richmond Hills, NY 11418, 9 Oakley Street, Massapequa, NY 11758 (aty to be noticed) (Kulcsar, Roy)
September 28, 2010 Opinion or Order ORDER granting #10 Motion to Adjourn Conference. Initial Status Conference rescheduled for 10/21/2010 at 3:45 PM in Chambers 717S before Judge Brian M. Cogan. (Clarke, Melonie)
September 23, 2010 Filing 7 Letter advising the Court, Capital Stack Fund, LLC is the holder of a mortage on specific parcels of land by Capital Stack Fund, LLC (Moscow, John)
September 21, 2010 Reset Hearing Time: Initial Status Conference previously set for 5:00 p.m. on 10/6/10 is reset to 11:00 a.m. in Chambers 717S (Weisberg, Peggy)
September 10, 2010 Opinion or Order ORDER denying #6 Motion for Extension of Time to Answer. The Court does not extend deadlines for settlement discussions as the parties are free to settle at any time. However, in light of the lateness of the claimant's request, the time within which to answer is extended to 10/1/2010. In addition, the Court will hold an Initial Status Conference on 10/6/2010 at 5:00 PM in Chambers 717S. The parties should expect to be placed on a prompt discovery schedule at the conference. Ordered by Judge Brian M. Cogan on 9/10/2010. (Spektor, Andrey)
September 9, 2010 Filing 6 First MOTION for Extension of Time to File Answer by Basanda Khaimov, Mark Tabibov, Zhora Tabibov. (Ruggiero, Lawrence)
August 30, 2010 Opinion or Order Filing 5 ORDER. Granted. Ordered by Senior Judge Jack B. Weinstein on 8/27/2010. (Siegfried, Evan)
August 30, 2010 Opinion or Order ORDER re #5 . Mr. Ruggiero is advised that this matter was reassigned to Judge Brian M. Cogan and all further submissions should be to Judge Cogan. Ordered by Judge Brian M. Cogan on 8/30/2010. (Weisberg, Peggy)
August 20, 2010 Filing 4 CERTIFICATE OF SERVICE by United States of America of William Helwagen dated August 20, 2010, evidencing service of verified complaint, notice of complaint unde 18 U.S.C. sec. 985, and notice to claimant (Lekakis, Artemis)
August 20, 2010 Filing 3 NOTICE by United States of America Notice of Verified Compliant Under 18 U.S.C. section 985, filed and dated August 20, 2010 (Lekakis, Artemis)
August 18, 2010 Opinion or Order ORDER. Plaintiff is Ordered to effect service, pursuant to 18 USC 985(c)(1), no later than 9/17/10. Ordered by Judge Brian M. Cogan on 8/18/2010. (Weisberg, Peggy)
August 17, 2010 Pursuant to the 8/17/10 e-mail from Chambers: Judge Brian M. Cogan added. Senior Judge Jack B. Weinstein no longer assigned to case. (Vaughn, Terry)
August 13, 2010 Filing 2 Notice of Related Case (Davis, Kimberly)
August 13, 2010 Filing 1 COMPLAINT against 107-24 71st Road, PH3B Forest Hills, NY 11375, 115-98 Park Lane South, Kew Gardens, NY 11418, 119 Ralph Avenue, Brookyln, New York 11221, 245 McKinley Avenue, Island Park, NY 11558, 83-83 115th Street, Richmond Hills, NY 11418, 9 Oakley Street, Massapequa, NY 11758, filed by United States of America. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly)

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Search for this case: United States of America v. 115-98 Park Lane South, Kew Gardens, NY 11418 et al
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Claimant: Zhora Tabibov
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
Represented By: Lawrence F. Ruggiero
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Claimant: Basanda Khaimov
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
Represented By: Lawrence F. Ruggiero
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Claimant: Capital Stack Fund, LLC
Represented By: John W. Moscow
Represented By: Carlos Ramos-Mrosovsky
Represented By: Evan Wiederkehr
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Claimant: Bank Of America, N.A.
Represented By: Jonathan M. Robbin
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Claimant: Mark Tabibov
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
Represented By: Lawrence F. Ruggiero
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Defendant: 83-83 115th Street, Richmond Hills, NY 11418
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
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Defendant: 107-24 71st Road, PH3B Forest Hills, NY 11375
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
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Defendant: 115-98 Park Lane South, Kew Gardens, NY 11418
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
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Defendant: 119 Ralph Avenue, Brookyln, New York 11221
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
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Defendant: 245 McKinley Avenue, Island Park, NY 11558
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
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Defendant: 9 Oakley Street, Massapequa, NY 11758
Represented By: Brian David Waller
Represented By: Roy Raymond John Kulcsar
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Plaintiff: United States of America
Represented By: Kathleen Anne Nandan
Represented By: Artemis Lekakis
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