Katz v. Metropolitan Transit Authority
| Katz and Yaakov Katz |
| Metropolitan Transit Authority |
| 1:2017cv00472 |
| January 27, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on February 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 39 Letter to Honorable Kiyo A. Matsumoto by Metropolitan Transit Authority (Morales, Esteban) |
ORDER. In light of the letter #39 filed by defendant Metropolitan Transit Authority stating that defendant no longer intends to seek sanctions under Federal Rule of Civil Procedure 11, the parties' requests for leave to file motions for Rule 11 sanctions are deemed withdrawn. The case shall remain closed. Ordered by Judge Kiyo A. Matsumoto on 2/5/2018. (Flores, Diego)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 1/31/2018. Appearances: for plaintiff, Shimshon Wexler, Esq; for defendant, Esteban Morales, Esq.; also appearing, Daniel V. Gsovski, Esq. (relieved as counsel for plaintiff on November 8, 2017). Defendant's proposed motion for sanctions pursuant to Federal Rule of Civil Procedure 11 was discussed. Plaintiff's counsel sought leave to file counter-motion for Rule 11 sanctions with respect to defendant's motion for Rule 11 sanctions. The court ordered as follows: defendant's counsel shall confer with the client and, to the extent necessary, with plaintiff's counsel and on or before February 6, 2018, file a letter with the court stating whether defendant intends to pursue Rule 11 sanctions. If defendant does intend to pursue Rule 11 sanctions, the letter to be submitted on February 6, 2018 should also set forth a mutually agreed upon briefing schedule for defendant's Rule 11 motion. To the extent plaintiff's counsel intends to move for Rule 11 sanctions with respect to defendant's Rule 11 motion, plaintiff shall comply with the requirements of Rule 11 once defendant serves its Rule 11 motion on plaintiff. After the conditions for filing a Rule 11 countermotion set forth in Rule 11, including Rule 11(c)(2), have been satisfied, the parties may submit a further letter to the court setting forth an agreed upon briefing schedule for plaintiff's Rule 11 countermotion. In the event either party files a motion under Rule 11, the parties are reminded that the motion papers should not be filed on ECF until the date that the final pleading (e.g., the reply) is served, that the papers should be uploaded to ECF in the order served, and that on the date the papers are uploaded to ECF, each party should serve chambers with two courtesy copies of its papers. Ordered by Judge Kiyo A. Matsumoto on 1/31/2018. (Flores, Diego)
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ORDER granting #37 Request for Pre Motion Conference. The court will hold a telephonic pre-motion conference on defendant's proposed motion for sanctions on January 31, 2018 at 10:00 a.m. Counsel for defendant shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 1/17/2018. (Flores, Diego)
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| Filing 38 RESPONSE to Motion re #37 Letter MOTION for pre motion conference filed by Yaakov Katz. (Attachments: #1 Exhibit Report and Recommendation in Gennock, #2 Exhibit Order Adopting Report and Recommendation in Gennock) (Wexler, Shimshon) |
| Filing 37 Letter MOTION for pre motion conference by Metropolitan Transit Authority. (Morales, Esteban) |
| Filing 36 JUDGMENT in favor of Metropolitan Transit Authority against Yaakov Katz. That the Complaint is dismissed pursuant to Rule 12(b)(1) without leave to amend and without prejudice; and that pltff's claims are dismissed without prejudice. (Ordered by Jalitza Poveda, Deputy Clerk on 1/2/18) c/m (Galeano, Sonia) |
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Filing 35
ORDER Granting #21 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, plaintiff's #15 amended complaint is dismissed, without prejudice, for lack of subject matter jurisdiction without leave to amend. The Clerk of Court is respectfully directed to enter judgment dismissing plaintiff's claims without prejudice. Ordered by Judge Kiyo A. Matsumoto on 12/29/2017. (Flores, Diego)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Motion Hearing held on 11/8/2017 re #21 Motion to Dismiss filed by Metropolitan Transit Authority, #28 Motion to Withdraw as Counsel filed by Daniel V. Gsovski, Esq. Appearances: for plaintiff, Esteban Morales, Esq., Kara Marie Cormier, Esq.; for defendant, Shimshon Wexler, Esq. The court heard arguments from the parties on the pending #21 motion to dismiss. The motion to dismiss was deemed submitted and the court will issue an order at a later time. The court also considered the pending #28 application to withdraw as plaintiff's counsel by Daniel V. Gsovski, Esq. and heard statements from Mr. Gsovski and defendant. The court granted the application to withdraw as counsel. (Court Reporter Charleane Heading.) (Flores, Diego) |
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ORDER granting #28 Motion to Withdraw as Counsel. Having reviewed the instant application and counsel's submission for in camera review #33 , and having heard statements from Attorney Gsovski and the defendant at the hearing held in this action on November 8, 2017, the application is granted, as stated on the record at the hearing. Attorney Daniel Vladimir Gsovski is terminated. Ordered by Judge Kiyo A. Matsumoto on 11/8/2017. (Flores, Diego)
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| Filing 34 Motion to Appear by Telephone at November 8, 2017 Hearing by Metropolitan Transit Authority. (Morales, Esteban) |
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ORDER granting in part and denying in part #34 Defense Counsel's Motion to Appear by Telephone. The court is in receipt of defense counsel's motion for authorization to appear telephonically at the November 8, 2017 oral argument of defendant's motion to dismiss this action. Counsel does not specify whether he seeks leave merely to appear by telephone or whether he also wishes to argue the motion by telephone. Although the court will grant defense counsel's motion to appear by telephone, given that his office is in Los Angeles, CA, the court notes that defendant (a) filed the instant motion to dismiss, (b) requested oral argument, and (c) is represented by counsel that is admitted pro hac vice in this District. Accordingly, the court will not authorize counsel to argue defendant's motion to dismiss telephonically. To the extent counsel is unable to argue defendant's motion in person, counsel should arrange for local counsel to appear and argue the motion. Defendant's motion is DENIED to the extent counsel seeks authorization to argue telephonically, but is otherwise GRANTED to the extent he wishes to appear by telephone at the conference and listen while his colleague argues the motion in person. Ordered by Judge Kiyo A. Matsumoto on 11/2/2017. (Flores, Diego)
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| Filing 33 RESPONSE to Motion re #28 MOTION to Substitute Attorney filed by Metropolitan Transit Authority. (Morales, Esteban) |
| Filing 32 Letter For In Camera Review re reasons for withdrawal/substitution of attorney by Yaakov Katz (Gsovski, Daniel) |
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ORDER Setting Hearing on Motion #28 MOTION to Substitute Attorney , #21 Motion to Dismiss for Failure to State a Claim , #29 Letter: (Motion Hearing set for 11/8/2017 01:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto.), ORDER re #28 MOTION to Substitute Attorney filed by Yaakov Katz, #29 Letter filed by Metropolitan Transit Authority. In light of the parties' stated desire to proceed with oral argument regarding defendant's motion to dismiss, the Court will hear oral argument at 1:00 p.m. on November 8, 2017 in Courtroom 6C South. The defendant/movant and plaintiff/opposing party will each be allotted ten minutes of argument time, and the defendant/movant will be allotted five minutes for rebuttal. The court will also consider plaintiff's attorney's motion to withdraw as counsel at that time. Additionally, no later than November 1, 2017, (i) defendant shall state its position regarding plaintiff's attorney's motion to withdraw as counsel and (ii) Attorney Gsovski shall submit a statement of his reason(s) for withdrawal for in camera review. Ordered by Judge Kiyo A. Matsumoto on 10/26/2017. (Flores, Diego)
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| Filing 31 Letter setting forth the relevance of any change in law or fact by Yaakov Katz (Wexler, Shimshon) |
| Filing 30 Letter setting forth the relevance of any change in law or fact by Metropolitan Transit Authority (Morales, Esteban) |
| Filing 29 Letter wishing to proceed with oral argument regarding the defendant's motion to dismiss by Metropolitan Transit Authority (Morales, Esteban) |
| Filing 28 MOTION to Substitute Attorney by Yaakov Katz. (Attachments: #1 Declaration of withdrawing counsel, Daniel V. Gsovski) (Gsovski, Daniel) |
| NOTICE. In light of the Court's obligations with respect to an ongoing trial, should the parties wish to proceed with oral argument regarding the plaintiff's motion to dismiss, which is currently scheduled for November 8, 2017 at 2:00 p.m., the Court will hear argument AT 1:00 P.M. (INSTEAD OF 2:00 P.M.) as follows: the defendant/movant and plaintiff/opposing party will each be allotted ten minutes of argument time, and the defendant/movant will be allotted five minutes for rebuttal. The parties are directed to confer as to whether they wish to proceed with oral argument and advise the Court of their determination no later than October 25, 2017. In the event the parties no longer wish to proceed with oral argument, the defendant's motion to dismiss will be deemed submitted upon the Court's receipt of the parties' memoranda contemplated in the Court's orders of June 28, 2017 and October 3, 2017. The parties' deadline to submit such memoranda remains unchanged. (Flores, Diego) |
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ORDER re #27 : Oral argument will proceed as scheduled on November 8, 2017 at 2:00 p.m. As set forth in the court's 6/28/17 Order, the parties may file a letter, not to exceed five pages, setting forth the relevance of any change in law or fact, by October 25, 2017. To the extent defendant intends to move pursuant to Rule 11, it shall comply with the provisions of the rule well in advance of the oral argument. Ordered by Judge Kiyo A. Matsumoto on 10/3/2017. (Newman, Alanna)
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| Filing 27 Letter In Response to September 27, 2017 Court Order by Metropolitan Transit Authority (Morales, Esteban) |
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ORDER: The parties shall confer and file a joint letter notifying the court how they intend to proceed in light of the Second Circuit's recent decision in Katz v. Donna Karan Company, L.L.C., 2017 WL 4126942 (2d Cir. 2017), by October 2, 2017. Ordered by Judge Kiyo A. Matsumoto on 9/27/2017. (Newman, Alanna)
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ORDER denying #26 Motion for Leave to File. The parties may not submit additional letter briefs in advance of their oral argument and shall rely on their fully-briefed motion filed on 6/5/17, unless there has been a change in law or fact, in which case they may file a letter, not to exceed five pages, setting forth the relevance of any such change, by October 25, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/28/2017. (Newman, Alanna)
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| Filing 26 Joint MOTION for Leave to File Simultaneous Pre-Argument Letter Briefs by Yaakov Katz. (Gsovski, Daniel) |
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ORDER granting #25 Motion for Hearing: Oral arguments on the pending motion to dismiss will be heard on November 8, 2017 at 2:00 p.m. at 225 Cadman Plaza East, Brooklyn, N.Y., 11201, Courtroom 6C South before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 6/6/2017. (Newman, Alanna)
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| Filing 25 Letter MOTION for Hearing re #21 Motion to Dismiss for Failure to State a Claim by Metropolitan Transit Authority. (Morales, Esteban) |
| Filing 24 REPLY in Support re #21 Motion to Dismiss for Failure to State a Claim filed by Metropolitan Transit Authority. (Attachments: #1 Certificate of Service) (Morales, Esteban) |
| Filing 23 NOTICE by Metropolitan Transit Authority re #21 Motion to Dismiss for Failure to State a Claim , #22 Affidavit in Support of Motion (Morales, Esteban) |
| Filing 22 AFFIDAVIT/DECLARATION in Support re #21 Motion to Dismiss for Failure to State a Claim filed by Metropolitan Transit Authority. (Morales, Esteban) |
| Filing 21 Motion to Dismiss for Failure to State a Claim by Metropolitan Transit Authority. (Attachments: #1 Memorandum in Support) (Morales, Esteban) |
| Filing 20 NOTICE of Appearance by Kara Marie Cormier on behalf of Metropolitan Transit Authority (aty to be noticed) (Cormier, Kara) |
| Filing 19 MEMORANDUM in Opposition To Motion to Dismiss The Amended Complaint filed by Yaakov Katz. (Gsovski, Daniel) |
| Filing 18 Letter response to pre-motion letter (ECF 27) by Yaakov Katz (Gsovski, Daniel) |
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ORDER denying #17 Motion for Pre Motion Conference. Defendant's request for a pre-motion conference regarding its anticipated motion for sanctions pursuant to Rule 11 is denied as premature in light of the pending motion to dismiss. Defendant may renew its request once its motion to dismiss is decided, in the event that a Rule 11 motion is appropriate. Ordered by Judge Kiyo A. Matsumoto on 4/20/2017. (Newman, Alanna)
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| Filing 17 Letter MOTION for pre motion conference re #15 Amended Complaint by Metropolitan Transit Authority. (Morales, Esteban) |
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ORDER re joint status letter #16 : The court adopts the joint proposed briefing schedule by which defendant shall answer or move with respect to the Amended Complaint by no later than April 14, 2017; if defendant moves to dismiss, plaintiff shall serve his opposition by no later than May 15, 2017; defendant's reply, if any, shall be served by no later than June 5, 2017. In accordance with chambers' practices, the parties shall serve, not file, their motion papers before the motion is fully briefed. The fully briefed motion shall be filed on ECF on the date that the reply is due, and the parties shall serve chambers with two courtesy copies of all motion papers. Ordered by Judge Kiyo A. Matsumoto on 3/16/2017. (Newman, Alanna)
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| Filing 16 Letter (JOINT) re scheduling by Yaakov Katz (Gsovski, Daniel) |
| Filing 15 AMENDED COMPLAINT against Metropolitan Transit Authority, filed by Yaakov Katz. (Gsovski, Daniel) |
| Filing 14 NOTICE of Appearance by Esteban Morales on behalf of Metropolitan Transit Authority (notification declined or already on case) (Morales, Esteban) |
| Filing 13 NOTICE of Appearance by Joshua Briones on behalf of Metropolitan Transit Authority (notification declined or already on case) (Briones, Joshua) |
| Filing 12 NOTICE of Appearance by Daniel Vladimir Gsovski on behalf of Yaakov Katz (aty to be noticed) (Gsovski, Daniel) |
| ELECTRONIC ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Chief Mag. Judge Roanne L. Mann on 3/1/2017. (Kelson, Lise) Modified on 3/1/2017 (Kelson, Lise). |
| ELECTRONIC ORDER granting #10 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Chief Mag. Judge Roanne L. Mann on 3/1/2017. (Kelson, Lise) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 3/1/2017. Appearances for plaintiff, Daniel Gsovski, Esq.; for defendant, Esteban Morales, Esq. Discussions held re defendant's proposed motion to dismiss. Plaintiff was granted leave to amend the complaint within two weeks, or to notify defendant if he does not intend to amend the complaint. The parties shall file a joint status letter by March 15, 2017 notifying the court how they intend to proceed and including a joint proposed briefing schedule for any motion practice. Mr. Gsovski was advised to file a notice of appearance immediately. (Newman, Alanna) |
| Filing 11 Notice of MOTION for Leave to Appear Pro Hac Vice of Joshua Briones, Filing fee $150, receipt number 0207-9327374 by Metropolitan Transit Authority. (Attachments: #1 Affidavit in Support, #2 Certificate of Service, #3 Payment Confirmation) (Barrett, C) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9327838. by Metropolitan Transit Authority. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Service) (Morales, Esteban) |
| Filing 9 Letter re pre-Motion Conference by Yaakov Katz (Attachments: #1 Exhibit) (Gsovski, Daniel) |
| Filing 8 Letter re pre-Motion Conference by Yaakov Katz (Gsovski, Daniel) |
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ORDER granting #6 Motion for Pre Motion Conference. A telephonic pre-motion conference will be held on March 1, 2017 at 2:00 p.m. Counsel for defendant shall initiate the call and dial into 718-613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/24/2017. (Newman, Alanna)
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| Filing 7 CERTIFICATE OF SERVICE by Metropolitan Transit Authority re #6 Letter MOTION for pre motion conference (Rosenbaum, Todd) |
| Filing 6 Letter MOTION for pre motion conference by Metropolitan Transit Authority. (Rosenbaum, Todd) |
| Filing 5 NOTICE of Appearance by Todd Fredrick Rosenbaum on behalf of Metropolitan Transit Authority (aty to be noticed) (Rosenbaum, Todd) |
| Filing 4 Summons Issued as to Metropolitan Transit Authority. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Kiyo A. Matsumoto and Chief Mag. Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Metropolitan Transit Authority filing fee $ 400, receipt number 0207-9242803 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Yaakov Katz. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Wexler, Shimshon) |
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