Shlomy et al v. Global Real Estate Solutions, Inc.
| Israel Shlomy and Claira Realty, LLC |
| Global Real Estate Solutions, Inc. |
| 1:2019cv05131 |
| September 9, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Cheryl L Pollak |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 MOTION for pre motion conference by Global Real Estate Solutions, Inc.. (Attachments: #1 Exhibit Order by Justice Genine D. Edwards dated September 4, 2018, #2 Exhibit Order by Justice Johnny Lee Baynes dated October 14, 2018) (Sasson, Alan) |
| Filing 12 MOTION to Dismiss by Global Real Estate Solutions, Inc.. (Attachments: #1 Exhibit Order by Justice Genine D. Edwards dated September 4, 2018, #2 Exhibit Order by Justice Johnny Lee Baynes dated October 14, 2018) (Sasson, Alan) |
ORDER: In response to #11 Defendant's Affidavit, the Court maintains its ruling on Defendant's motion to stay or to vacate and finds that Defendant's Affidavit is insufficient to render service improper or justify an evidentiary hearing on this issue. See DCH Auto Grp. (USA), Inc. v. Fit You Best Auto., Inc., No. 05-CV-2973 (NG) (JMA), 2007 WL 2693848, at *4 (E.D.N.Y. Sept. 12, 2007) (finding service sufficient when a non-employee represented himself as an employee and accepted process). Defendant is directed to file its answer by 11/8/2019. Ordered by Judge Pamela K. Chen on 10/25/2019. (Shi, Yi Qing)
|
| Filing 11 AFFIDAVIT/AFFIRMATION Denying of Receipt of Service of the Summons and Complaint by Global Real Estate Solutions, Inc. (Sasson, Alan) |
|
ORDER: For the reasons set forth in Plaintiffs' response, the Court denies #9 Defendant's motion to stay or to vacate the 10/16/2019 Preliminary Injunction order. However, to the extent that Defendant is claiming service of the complaint and moving papers was improper, Defendant should either submit a sworn denial of receipt of service, Old Republic Ins. Co. V. Pac. Fin. Servs. of Am., Inc., 301 F.3d 54, 57 (2d Cir. 2002) ("A defendant's sworn denial of receipt of service... rebuts the presumption of proper service established by the process server's affidavit and necessitates an evidentiary hearing."), or move to dismiss. Should Defendant wish to move to dismiss the complaint, it must first submit a pre-motion conference request as required by, and that comports with, the Court's Individual Rules. Ordered by Judge Pamela K. Chen on 10/18/2019. (Shi, Yi Qing)
|
| Filing 10 RESPONSE to Motion re #9 MOTION to Vacate October 16, 2019 Injunction Granted on Default MOTION to Stay October 16, 2019 Injunction Granted on Default filed by Claira Realty, LLC, Israel Shlomy. (Schwartz, David) |
| Filing 9 MOTION to Vacate October 16, 2019 Injunction Granted on Default, MOTION to Stay October 16, 2019 Injunction Granted on Default by Global Real Estate Solutions, Inc.. (Attachments: #1 Exhibit Order dated 9-4-2018, #2 Exhibit order dated 10-14-2018, #3 Exhibit NY Department of State Printout) (Sasson, Alan) |
| Filing 8 Minute Entry for proceedings held before Judge Pamela K. Chen: Preliminary injunction hearing held on October 16, 2019. Appearance by David Samuel Schwartz for both Plaintiffs; no appearance by Defendant. Case called. For the reasons stated on the record, the Court considers Plaintiffs' #7 motion for a preliminary injunction unopposed and grants the motion. Plaintiffs shall email Defendant and the arbitrator this docket order and the attached Preliminary Injunction order. Because the deadline for Defendant to answer Plaintiffs' complaint was October 10, 2019 and has thus expired, the Court advised Plaintiffs' counsel to promptly move for a certificate of default. (Court Reporter Victoria Torres-Butler.) (Shi, Yi Qing) |
| Filing 7 MOTION for Temporary Restraining Order by Claira Realty, LLC, Israel Shlomy. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Declaration, #4 Exhibit A, #5 Exhibit B, C) (Schwartz, David) |
|
ORDER denying #7 Motion for TRO: The Court denies Plaintiffs' motion for a Temporary Restraining Order ("TRO"). In this action, Plaintiffs seek to have the Court issue a TRO staying an arbitration proceeding over unpaid real estate commissions. The Court finds that Plaintiffs fail to make a showing of immediate or irreparable harm to warrant a TRO. See Green Party of New York State v. New York State Bd. of Elections, 389 F.3d 411, 418 (2d Cir. 2004) (A party seeking a preliminary injunction must establish irreparable harm and either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits and a balance of hardships tipping decidedly in its favor.); AFA Dispensing Grp. B.V. v. Anheuser-Busch, Inc., 740 F. Supp. 2d 465, 471 (S.D.N.Y. 2010) ("It is well established that the standard for an entry of a temporary restraining order is the same as for a preliminary injunction."). Plaintiffs' motion alleges only that a telephone conference has been scheduled in the arbitration proceeding for October 7, 2019 and fails to explain how Plaintiffs' participation in that call would cause them harm. This minimal expenditure of time and resources does not constitute irreparable harm. Accordingly, Plaintiffs' request for a TRO is denied. However, the Court directs Defendant to respond to Plaintiffs' request for a preliminary injunction staying the arbitration by 10/11/2019. The Court will hold a hearing on the preliminary injunction on 10/16/2019 at 2:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 10/4/2019. (Shi, Yi Qing)
|
| Filing 6 SUMMONS Returned Executed by Israel Shlomy, Claira Realty, LLC. Global Real Estate Solutions, Inc. served on 9/19/2019, answer due 10/10/2019. (Schwartz, David) |
| Filing 5 Summons Issued re #1 Complaint as to Global Real Estate Solutions, Inc.. (Love, Alexis) |
| Filing 4 Proposed Summons. by Claira Realty, LLC, Israel Shlomy (Schwartz, David) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Case assigned to Judge Pamela K. Chen and Magistrate Judge Cheryl L. Pollak. 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Global Real Estate Solutions, Inc. filing fee $ 400, receipt number ANYEDC-11830733 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Israel Shlomy, Claira Realty, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (Schwartz, David) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
