AKF, Inc. v. Kessman Group Painting & Design, Inc. et al
| AKF, INC. D/B/A FUNDKITE, AKF, Inc. and AKF, Inc. doing business as Fundkite |
| KESSMAN GROUP PAINTING & DESIGNS, INC, MARGARET LAURIE KESSMAN, MATTHEW THOMAS KESSMAN and Kessman Group Painting & Designs, Inc. |
| 1:2019cv06312 |
| November 7, 2019 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Lois Bloom |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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ORDER: Mr. Zakharyayev filed a motion to appear pro hac vice on December 6, 2019. ECF No. 17. The Court denied the motion without prejudice because Mr. Zakharyayev did not comply with Local Rule 1.3. ECF No. 18.Mr. Zakharyayev filed a second motion to appear pro hac vice on December 30, 2019. ECF No. 26. The Court again denies the motion without prejudice because the application does not comply with Local Rule 1.3.Although Mr. Zakharyayev states that he has "attached the affidavit pursuant to Local Rule 1.3," there is no affidavit attached to his motion. Furthermore, Mr. Zakharyayev fails to attach a "certificate of the court for each of the states in which [he] is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of that state court[.]" L. Civ. R. 1.3(c). Mr. Zakharyayev shall carefully review Local Rule 1.3 prior to filing any further motion to appear pro hac vice. Ordered by Magistrate Judge Lois Bloom on 1/2/2020. (Panjini, Madhura)
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| Filing 26 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12201418. by Margaret Laurie Kessman, Matthew Thomas Kessman, Kessman Group Painting & Designs, Inc.. (Zakharyayev, Steven) |
| Filing 25 NOTICE of Appearance by Steven Zakharyayev on behalf of All Defendants (aty to be noticed) (Zakharyayev, Steven) |
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Filing 24
SCHEDULING ORDER: Defendants letter application #21 dated 12/16/19 is GRANTED. A pre motion conference is scheduled on February 7, 2020 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 12/23/2019. (Innelli, Michael)
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| Filing 23 RESPONSE in Opposition re #21 MOTION for pre motion conference o discuss Defendants planned motion to compel arbitration and dismiss or stay this action pursuant to Sections 3 and 4 of the Federal Arbitration Act Corrected to reflect Service Date filed by AKF, Inc.. (Attachments: #1 Exhibit A - Revenue Purchase Agreement, #2 Exhibit B - 2019-12-06 Defendants' Letter Demanding Arbitration, #3 Exhibit C - 2019-12-06 Defendants' Email to Plaintiff) (Chiu, Wing) |
| Filing 22 RESPONSE in Opposition re #21 MOTION for pre motion conference o discuss Defendants planned motion to compel arbitration and dismiss or stay this action pursuant to Sections 3 and 4 of the Federal Arbitration Act filed by AKF, Inc.. (Attachments: #1 Exhibit A - Revenue Purchase Agreement, #2 Exhibit B - 2019-12-06 Letter Demanding Arbitration, #3 Exhibit C - 2019-12-06 Defendant Email to Plaintiff) (Chiu, Wing) |
| Filing 21 MOTION for pre motion conference o discuss Defendants planned motion to compel arbitration and dismiss or stay this action pursuant to Sections 3 and 4 of the Federal Arbitration Act by Margaret Laurie Kessman, Matthew Thomas Kessman, Kessman Group Painting & Designs, Inc.. (Parness, Hillel) |
| Filing 20 NOTICE of Appearance by Hillel Ira Parness on behalf of Margaret Laurie Kessman, Matthew Thomas Kessman, Kessman Group Painting & Designs, Inc. (aty to be noticed) (Parness, Hillel) |
| Filing 19 NOTICE of Appearance by Oleg A. Mestechkin on behalf of AKF, Inc. (aty to be noticed) (Mestechkin, Oleg) |
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Filing 18
ORDER, endorsed on doc.#17 . The #17 Application for Admission Pro Hac Vice is denied without prejudice. Mr. Zakharyayev's motion did not comply with Local Rule 1.3. SO ORDERED by Magistrate Judge Lois Bloom, on 12/13/2019. (The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.) (Latka-Mucha, Wieslawa)
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| Filing 17 MOTION FOR ADMISSION TO PRACTICE PRO HAC VICE; filed by Steven Zakharyayev, Esq. on behalf of Margaret Laurie Kessman, Matthew Thomas Kessman, Kessman Group Painting & Designs, Inc., dated 12/6/2019. (Latka-Mucha, Wieslawa) Modified. |
| Filing 16 Request for Certificate of Default by AKF, Inc. (Attachments: #1 Declaration in Support of Request for Certificate of Default against Matthew Kessman, #2 Proposed Order Granting Request for Certificate of Default against Matthew Kessman) (Chiu, Wing) |
| Filing 15 Request for Certificate of Default by AKF, Inc. (Attachments: #1 Declaration in Support of Request for Certificate of Default against Laurie Kessman, #2 Proposed Order Granting Request for Certificate of Default against Laurie Kessman) (Chiu, Wing) |
| Filing 14 Request for Certificate of Default by AKF, Inc. (Attachments: #1 Declaration in Support of Request for Certificate of Default against Kessman Group, #2 Proposed Order Granting Request for Certificate of Default against Kessman Group) (Chiu, Wing) |
| Filing 13 Corporate Disclosure Statement by AKF, Inc. (Chiu, Wing) |
| Filing 12 SUMMONS Returned Executed by AKF, Inc.. Kessman Group Painting & Designs, Inc. served on 11/14/2019, answer due 12/5/2019. (Chiu, Wing) |
| Filing 11 SUMMONS Returned Executed by AKF, Inc.. Matthew Thomas Kessman served on 11/14/2019, answer due 12/5/2019. (Chiu, Wing) |
| Filing 10 SUMMONS Returned Executed by AKF, Inc.. Margaret Laurie Kessman served on 11/14/2019, answer due 12/5/2019. (Chiu, Wing) |
| Filing 9 Summons Issued as to Margaret Laurie Kessman, Matthew Thomas Kessman, Kessman Group Painting & Designs, Inc.. (Attachments: #1 Summon, #2 Summon) (Davis, Kimberly) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 7 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) |
| Filing 6 NOTICE of Appearance by Wing K. Chiu on behalf of AKF, INC. D/B/A FUNDKITE (aty to be noticed) (Chiu, Wing) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. 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 5 Proposed Summons. by AKF, INC. D/B/A FUNDKITE (Lam, Nancy) |
| Filing 4 Proposed Summons. by AKF, INC. D/B/A FUNDKITE (Lam, Nancy) |
| Filing 3 Proposed Summons. by AKF, INC. D/B/A FUNDKITE (Lam, Nancy) |
| Filing 2 Civil Cover Sheet.. by AKF, INC. D/B/A FUNDKITE (Lam, Nancy) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12025036 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by AKF, INC. D/B/A FUNDKITE. (Attachments: #1 Exhibit A) (Lam, Nancy) |
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