Gutterman et al v. Herzog et al
| Northeast Anesthesia P.C., Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz and Dr. Aharon Gutterman |
| Philig Herzog, Ricky Lowenthal and Philip Herzog |
| 1:2020cv01081 |
| February 27, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on November 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 30 REPLY in Support re #19 First MOTION to Dismiss for Failure to State a Claim filed by Philip Herzog. (Attachments: #1 Exhibit B - FGLIC Statement, #2 Exhibit C - Landa Guaranties) (Klein, Alan) |
| Filing 29 REPLY Memorandum of Law in Support of Motion to Dismiss Plaintiffs' Complaint filed by Ricky Lowenthal. (Mitchell, John) (Modified: Document replaced on 7/24/2020.) Latka-Mucha, Wieslawa |
| Filing 28 First MOTION for Leave to File Excess Pages LETTER REQUESTING EXCESS PAGES FOR REPLY BRIEF by Philip Herzog. (Klein, Alan) |
ORDER granting #28 Motion for Leave to File Excess Pages. The defendant, Philip Herzog, may submit a reply brief of no more than 15 pages. Ordered by Judge Ann M. Donnelly on 7/22/2020. (Eisen, Allison)
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ORDER granting #27 Motion for Extension of Time to File Response/Reply. The defendants' reply is due on or before July 24, 2020. Ordered by Judge Ann M. Donnelly on 7/1/2020. (Lefkowitz, Jacob)
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| Filing 27 MOTION for Extension of Time to File Response/Reply by Ricky Lowenthal. (Gopstein, Sheldon) |
| Filing 26 NOTICE of Appearance by Sheldon H. Gopstein on behalf of Ricky Lowenthal (aty to be noticed) (Gopstein, Sheldon) |
| Filing 25 NOTICE of Appearance by John W. Mitchell on behalf of Ricky Lowenthal (aty to be noticed) (Mitchell, John) |
| Filing 24 MEMORANDUM in Opposition re #17 MOTION to Dismiss filed by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C.. (Gunnell, Justin) |
| Filing 23 AFFIDAVIT/DECLARATION in Opposition re #19 First MOTION to Dismiss for Failure to State a Claim filed by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C.. (Attachments: #1 Promissory Note, #2 Rule 341 Hearing Transcript, #3 First 6-4-19 Affirmation of P Herzog, #4 Second 6-4-19 Affirmation of P Herzog, #5 Pre-Motion Conference Transcript, #6 Lowenthal Objection to Rule 2004 Discovery, #7 6-25-19 J Lichter Affirmation with Exhibits) (Gunnell, Justin) |
| Filing 22 MEMORANDUM in Opposition re #19 First MOTION to Dismiss for Failure to State a Claim filed by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C.. (Gunnell, Justin) |
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Filing 21
ORDER, granting Sheldon Eisenberger, Esq.'s #20 Motion to Withdraw as Attorney for defendant Ricky Lowenthal. SO ORDERED by Magistrate Judge Lois Bloom, on 6/24/2020. (Attorney Sheldon Eisenberger terminated.) (Latka-Mucha, Wieslawa)
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| Filing 20 MOTION to Withdraw as Attorney by Ricky Lowenthal. (Attachments: #1 Declaration, #2 Exhibit) (Eisenberger, Sheldon) |
| Filing 19 First MOTION to Dismiss for Failure to State a Claim by Philip Herzog. (Attachments: #1 Memorandum in Support of defendant Philip Herzog's Motion to Dismiss, #2 Declaration of defendant Philip Herzog, #3 Exhibit A - Summons and Complaint) (Klein, Alan) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss filed by Ricky Lowenthal. (Eisenberger, Sheldon) |
| Filing 17 MOTION to Dismiss by Ricky Lowenthal. (Eisenberger, Sheldon) |
| Minute Entry for proceedings held before Judge Ann M. Donnelly: Telephonic Pre Motion Conference held on 4/27/2020. Justin Sher and Justin Gunnell appeared for the plaintiffs; Franklyn Snitow and Alan Klein appeared for Defendant Philip Herzog; Sheldon Eisenberger and Mark Doerr appeared for Defendant Ricky Lowenthal. Case called. Discussions held. The motions to dismiss are due before or on May 27, 2020. The opposition motions are due before or on June 26, 2020; the reply motions, if any, are due before or on July 10, 2020. (Court Reporter Charleane Heading.) (Lefkowitz, Jacob) |
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SCHEDULING ORDER: The pre-motion conference will take place on April 27, 2020, at 4:15 p.m., via telephone conference (line (888) 363-4734, access code 9057625). Ordered by Judge Ann M. Donnelly on 3/30/2020. (Lefkowitz, Jacob)
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| Filing 16 Letter in Opposition to Ricky Lowenthal's Request for a Pre-Motion Conference by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C. (Gunnell, Justin) |
| Filing 15 Letter in Opposition to Herzog's Request for a Pre-Motion Conference by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C. (Gunnell, Justin) |
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ORDER: In light of the parties' pre-motion conference requests, ECF Nos. 10-11, the Court hereby cancels the March 27, 2020 initial conference. Ordered by Magistrate Judge Lois Bloom on 3/23/2020. (Panjini, Madhura)
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| Filing 14 REPORT of Rule 26(f) Planning Meeting (Gunnell, Justin) |
| Filing 13 Corporate Disclosure Statement by Northeast Anesthesia P.C. (Gunnell, Justin) |
| Filing 12 Corporate Disclosure Statement by Aharon Gutterman MD PLLC (Gunnell, Justin) |
| Filing 11 Letter Requesting Premotion Conference For Leave To File Rule 12(b)(6) Motion to Dismiss by Ricky Lowenthal (Eisenberger, Sheldon) |
| Filing 10 Letter Pre-Motion Conference Letter for Leave to File Dispositive Motion by Philip Herzog (Klein, Alan) |
| Filing 9 NOTICE of Appearance by Sheldon Eisenberger on behalf of Ricky Lowenthal (aty to be noticed) (Eisenberger, Sheldon) |
| Filing 8 CERTIFICATE of Counsel Certificate of Service of March 4, 2020 Court Docket Text Order on counsel for defendant Ricky Lowenthal by Alan Victor Klein on behalf of Philip Herzog (Klein, Alan) |
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ORDER: Counsel for defendant Philip Herzog, with the consent of counsel for defendant Ricky Lowenthal, removed this RICO case from Kings County Supreme Court on February 27, 2020. ECF Nos. 1, 1-2. Counsel for defendant Lowenthal shall file a notice of appearance forthwith.Defendants, with plaintiffs' consent, request an extension of time to respond to plaintiffs' complaint. ECF No. 5. The request is granted. Defendants shall respond to plaintiffs' complaint by March 20, 2020. Any party seeking a jury trial shall make a demand by March 20, 2020. Fed. R. Civ. P. 81(c)(3)(A).The Court shall hold the initial conference on March 27, 2020 at 11:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by March 20, 2020. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Counsel for Herzog shall serve a copy of this Order on counsel for Lowenthal and file proof of service forthwith. Ordered by Magistrate Judge Lois Bloom on 3/4/2020. (Panjini, Madhura)
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| Filing 7 NOTICE of Appearance by Stewart Jay Epstein on behalf of Philip Herzog (aty to be noticed) (Epstein, Stewart) |
| Filing 6 NOTICE of Appearance by Franklyn H. Snitow on behalf of Philip Herzog (aty to be noticed) (Snitow, Franklyn) |
| Filing 5 First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, on Consent by Philip Herzog. (Klein, Alan) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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) |
| Filing 2 Civil Cover Sheet.. by Philip Herzog (Klein, Alan) |
| Case Assigned to Judge Ann M Donnelly 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. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Philig Herzog from NY Supreme - Kings, case number 501256/2020. ( Filing fee $ 400 receipt number ANYEDC-12458377) (Attachments: #1 Removal Action Complaint Summons, Complaint, Affidavits of Service from State Court action, #2 Consent to Removal by Other defendant) (Klein, Alan) |
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