Sanzyapov et al v. Gelman et al
| Aygul Sanzyapova, Oleg Sanzyapov and Slavos, Inc. |
| Optimus, Inc. d/b/a/ Marky's, Optimus, Inc. doing business as Marky's and Jones Walker LLP |
| Mark Gelman, Caviar & More, LLC, Mark Zaslavsky and Optimus, Inc. |
| 1:2017cv04713 |
| August 10, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on February 2, 2018. A more recent docket listing may be available from PACER.
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| Filing 33 Letter MOTION for Release of Bond Obligation by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Katz, Adam) |
ORDER granting #33 Motion for Release of Bond Obligation. As this matter has now closed, the Clerk of Court is directed to release the $10,000 bond to plaintiffs. Ordered by Judge Brian M. Cogan on 2/2/2018. (Weisberg, Peggy)
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Civil Case Terminated as per parties' Rule 41 stipulation. Ordered by Judge Brian M. Cogan on 1/18/2018. (Cogan, Brian)
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| Filing 32 STIPULATION of Dismissal of Action by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky (Shohat, Edward) |
| Filing 31 Plaintiffs/Counterclaim-Defendants ANSWER to #29 Answer to Complaint, Counterclaim Response to Counterclaims by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Katz, Adam) |
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ORDER granting in part #30 . Pretrial schedule is reset as follows: (1) Joint Pretrial Order due 1/25/2018; (2) 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 Final Pretrial Conference to the extent practicable. Exhibits and deposition testimony which the parties may use solely for the purposes of impeachment or rebuttal should be omitted from the Joint Pretrial Order; (3) Final Pretrial Conference is reset to 2/1/2018 at 10:30 am in Courtroom 8D South. No further extensions will be granted. Ordered by Judge Brian M. Cogan on 11/30/2017. (Weisberg, Peggy) Modified on 11/30/2017 (Weisberg, Peggy).
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| Filing 30 Letter MOTION for Discovery Joint Letter Motion Seeking Clarification of 11/20/17 Order and Adjournment of Deadlines Thereins by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Katz, Adam) |
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SCHEDULING ORDER: The Court sets a pretrial schedule as follows: (1) the parties are directed to file a Joint Pretrial Order using the form posted on the Court's website by 12/12/2017; (2) 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 Final Pretrial Conference to the extent practicable. Exhibits and deposition testimony which the parties may use solely for the purposes of impeachment or rebuttal should be omitted from the Joint Pretrial Order; (3) a Final Pretrial Conference is set for 12/19/2017 at 10:30 am in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 11/20/2017. (Weisberg, Peggy)
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| Filing 29 ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against Mark Zaslavsky, Optimus, Inc., Caviar & More, LLC, Mark Gelman by Mark Zaslavsky, Optimus, Inc., Caviar & More, LLC, Mark Gelman. (Shohat, Edward) |
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ORDER terminating #22 Motion for Pre Motion Conference as per #26 #27 #28 . Ordered by Judge Brian M. Cogan on 11/2/2017. (Cogan, Brian)
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Filing 28
STIPULATION AND ORDER dated 11/1/17 re: #27 . ( Ordered by Judge Brian M. Cogan on 11/1/2017 ) (Guzzi, Roseann)
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| Filing 27 MOTION for Hearing re: Order on Motion for Hearing, Amended Stipulation with corrected email address for Edward R. Shohat; filed by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc. (Katz, Adam) Modified: Main Document replaced on 11/1/2017. (Latka-Mucha, Wieslawa) |
| Filing 26 Joint MOTION for Hearing re Order on Motion for Hearing,,,, Joint Letter Motion Asking Court to "So Order" Stipulation Withdrawing Motion to Dismiss and Withdrawing Motion for Preliminary Injunction by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Attachments: #1 Proposed Order Proposed Stipulation for Court to "So Order") (Katz, Adam) |
| Filing 25 Joint MOTION for Hearing Letter Motion to adjourn preliminary injunction hearing and pre-motion conference by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Katz, Adam) |
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ORDER denying #25 unless defendants agree to waive their proposed motion to dismiss and file their answer. The Court is not going to delay this preliminary injunction hearing yet again only to find in December that it can't go forward because of a motion to dismiss. The parties were before the Court on 8/11/2017 and told to complete discovery in just over two weeks. It has now been nearly three months. That is plenty of time to have completed discovery, even with the hurricane, and if the parties chose not to do it, that was their choice. As far as delaying (again) in light of a proposed mediation, the Court believes based on what it has seen that the parties are wasting their time, and in addition, the Court is not in favor of a consensual resolution of this action as the complaint alleges a calculated fraud and the validation or rejection of those claims according to law is a matter of systemic importance. Ordered by Judge Brian M. Cogan on 10/30/2017. (Weisberg, Peggy)
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| Filing 24 Letter Response to Defendants' Pre-Motion Letter by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc. (Katz, Adam) |
| Filing 23 NOTICE of Appearance by Stephen P. Drobny on behalf of Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky (notification declined or already on case) (Drobny, Stephen) |
| Filing 22 Letter MOTION for pre motion conference requesting partial dismissal of complaint by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Shohat, Edward) |
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ORDER granting #21 Stephen P. Drobny's Motion for Leave to Appear Pro Hac Vice as counsel for defendants. 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 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 via filing the event Pro Hac Vice Filing Fee . Ordered by Judge Brian M. Cogan on 10/20/2017. (Weisberg, Peggy)
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SCHEDULING ORDER: Plaintiffs are directed to file a detailed response to defendants' #22 letter by 10/26/2017. A Premotion Conference on defendants' proposed motion to dismiss will be held at the same time as the injunction hearing on 11/3/2017 at 10:00 am Courtroom 8D South. Ordered by Judge Brian M. Cogan on 10/20/2017. (Weisberg, Peggy)
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice Stephen P. Drobny Filing fee $ 150, receipt number 0207-9917661. by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Attachments: #1 Affidavit ProHac Admission, #2 Certificate of Good Standing) (Drobny, Stephen) |
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ORDER denying #20 Motion for Extension of Time to Answer without prejudice to renewal upon a showing of whether plaintiffs consent. Don't waste the Court's time with routine motions to which an adversary does not object. Ordered by Judge Brian M. Cogan on 10/17/2017. (Weisberg, Peggy)
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ORDER denying #19 . See Individual Practice Rule III (A) (2). If pro hac vice counsel continues to act in violation of this Court's procedures, it will require a primary appearance by local counsel on all filings. Ordered by Judge Brian M. Cogan on 10/17/2017. (Weisberg, Peggy)
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| Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint, Defendant's Motion for Clarification or, in the alternative, for Enlargement of Time to Answer Complaint and Assert Compulsory Counterclaims by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Shohat, Edward) |
| Filing 19 Motion to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Shohat, Edward) |
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ORDER granting #18 Motion to Substitute Attorney. Attorney Marcus Monteiro terminated. Ordered by Judge Brian M. Cogan on 9/27/2017. (Weisberg, Peggy)
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| Case no longer referred to Magistrate Judge Robert M. Levy. (Weisberg, Peggy) |
| Filing 18 Amended MOTION to Substitute Attorney by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Attachments: #1 Exhibit A - Declaration Pursuant to Rule 1.4) (Shohat, Edward) |
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ORDER granting #16 John May's Motion for Leave to Appear Pro Hac Vice as counsel for defendants. 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 he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Judge Brian M. Cogan on 9/20/2017. (Weisberg, Peggy)
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ORDER granting #15 Edward R. Shohat's and #17 Monique Garcia's Motion for Leave to Appear Pro Hac Vice as counsel for defendants. 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 Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Judge Brian M. Cogan on 9/20/2017. (Weisberg, Peggy)
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| Filing 17 MOTION for Leave to Appear Pro Hac Vice Monique Garcia Filing fee $ 150, receipt number 0207-9840536. by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Attachments: #1 Affidavit in Support of Motion for Admission ProHacVice, #2 Certificate of Good Standing) (Garcia, Monique) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Jon A May Filing fee $ 150, receipt number 0207-9840436. by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Attachments: #1 Affidavit in Support of Motion for Admission ProHacVice, #2 Certificate of Good Standing) (May, Jon) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Edward R Shohat Filing fee $ 150, receipt number 0207-9840239. by Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Attachments: #1 Affidavit in Support of Motion for Admission ProHacVice, #2 Certificate of Good Standing) (Shohat, Edward) |
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RESCHEDULING ORDER: re #14 Letter requesting adjournment and reschedule of deadlines. All document requests must be served by 10/20/17. All document productions must be completed by 10/27/17. All depositions must be completed by 11/3/17. The Preliminary Injunction Hearing is reset for 11/6/17 at 10:00 AM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 9/18/2017. (Clarke, Melonie)
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ORDER REJECTING re #12 Stipulation of Substitution. Only attorneys, not law firms, can appear as counsel of record in this Court. Ordered by Judge Brian M. Cogan on 9/18/2017. (Clarke, Melonie)
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| Filing 14 Letter to the Honorable Brian M. Cogan United States District Judge by Jones Walker LLP (Klam, Tania) |
| Filing 13 AFFIDAVIT/AFFIRMATION Of Service as to Stipulation and Order of Substitution of Counsel by Jones Walker LLP (Klam, Tania) |
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Filing 12
STIPULATION and Order of Substitution of Counsel by Jones Walker LLP (Attachments: #1 Exhibit Declaration Pursuant to Rule 1.4) (Klam, Tania)
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| Filing 11 NOTICE of Appearance by Marcus Monteiro on behalf of All Defendants (aty to be noticed) (Monteiro, Marcus) |
| Filing 10 Letter MOTION for Hearing to Adjourn Hearing, Joint MOTION to Adjourn Conference by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Katz, Adam) |
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ORDER granting #10 . Preliminary Injunction Hearing adjourned to 10/6/2017 at 2:15 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 8/22/2017. (Weisberg, Peggy)
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| Filing 9 FILING FEE: $ 10,000.00, receipt number 4653118401 pd. 8/16/17. (Guzzi, Roseann) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Jack B. Weinstein no longer assigned to case 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. Ordered by Chief Judge Dora Lizette Irizarry on 8/15/2017. (Bowens, Priscilla)
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Filing 8
TEMPORARY RESTRAINING ORDER AND SCHEDULING ORDER. SEE ATTACHED. Ordered by Judge Brian M. Cogan on 8/11/2017. (Cogan, Brian)
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| Filing 7 Summons Issued as to Caviar & More, LLC, Mark Gelman, Optimus, Inc., Mark Zaslavsky. (Davis, Kimberly) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 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 Jack B. Weinstein and Magistrate Judge Robert M. Levy. 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) |
| Minute Entry and Order for Emergency Hearing on Plaintiff's Motion for a Temporary Restraining Order held by telephone on 8/11/2017 before Miscellaneous Judge Brian M. Cogan. Both parties present. The Court heard arguments and granted the motion #4 in part. See Temporary Restraining Order, which will be docketed separately, and transcript of hearing for details. Moreover, all document requests must be served by 8/14/2017; all document production completed by 8/21/2017; and all depositions completed by 8/28/2017. There will be a preliminary injunction hearing in Courtroom 8D on 8/29/2017 at 11:15 AM. (Court Reporter: Tony Mancuso) (Clarke, Melonie) M |
| Filing 4 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc.. (Attachments: #1 Memorandum in Support Memo of Law in Support of Preliminary Injunction and TRO, #2 Declaration Declaration of Aygul Sanzyapova, #3 Declaration Attorney Affirmation/Declaration of Emergency) (Katz, Adam) (Attachment 3 replaced on 8/11/2017) (Davis, Kimberly). |
| Filing 3 Proposed Summons. Re #1 Complaint, by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc. (Katz, Adam) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Oleg Sanzyapov, Aygul Sanzyapova, Slavos, Inc. (Katz, Adam) (Main Document 2 replaced on 8/11/2017) (Davis, Kimberly). |
| Filing 1 COMPLAINT against Caviar & More, LLC, Mark Gelman, Optimus, Inc. d/b/a/ Marky's, Mark Zaslavsky filing fee $ 400, receipt number 0207-9750344 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Oleg Sanzyapov, Slavos, Inc., Aygul Sanzyapova. (Katz, Adam) |
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