Timsit v. Schwartz et al
| Gilbert Timsit |
| Berkshire Abstract & Title Agency, LLC, 223 Howard, LLC, McKarkein Capital LLC, Ztvi Zev Schwartz, McKarkein Investment IDF LLC, BSD Quincy LLC, 37 Covert, LLC and 741 Hancock, LLC |
| 1:2020cv05446 |
| November 10, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Eric R Komitee |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 33 NOTICE of Voluntary Dismissal by Gilbert Timsit (Levin-Epstein, Joshua) |
| Civil Case Terminated. (Guy, Alicia) |
ORDER granting #32 Motion for Extension of Time to File Response/Reply - Plaintiff's response to the Court's December 23, 2020 Order to Show Cause #30 is due on January 7, 2021. Defendants may file a reply, if any, on or before January 12. In light of this Order, the hearing scheduled for January 8 is adjourned for one week. The hearing shall take place telephonically on January 15, 2021 at 2:15 p.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the hearing and use access code 564-7824. Ordered by Judge Eric R. Komitee on 1/6/2021. (Kempf, Allison)
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| Filing 32 Second MOTION for Extension of Time to File Response/Reply as to #30 Order to Show Cause,, by Gilbert Timsit. (Levin-Epstein, Joshua) |
| Filing 31 MOTION for Extension of Time to File Response/Reply as to #30 Order to Show Cause,, by Gilbert Timsit. (Levin-Epstein, Joshua) |
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Filing 30
ORDER TO SHOW CAUSE re #29 -- Plaintiff is ordered to show cause on or before January 4, 2021, in a memorandum of law of ten pages or less, why this case should not be dismissed for lack of subject matter jurisdiction. Defendant may file a reply of ten pages or less on or before January 7, 2021. This Order shall have no effect on other upcoming deadlines in this case, or the hearing scheduled for January 8, 2021. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 12/23/2020. (Guy, Alicia)
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| Filing 29 MOTION for Discovery and Affidavit in Response to Dckt. No. 26 by Gilbert Timsit. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7) (Levin-Epstein, Joshua) |
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ORDER granting #28 Motion for Hearing. On consent, the motion for a three-week adjournment of the hearing is granted. Defendants' response to the Order to Show Cause is due on January 5, 2021. The hearing shall take place telephonically on January 8, 2021 at 2:15 p.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the hearing and use access code 564-7824. Ordered by Judge Eric R. Komitee on 12/16/2020. (Kempf, Allison)
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| Filing 28 Second MOTION for Hearing re Order on Motion for Extension of Time to File, #26 Order on Motion for Hearing,,, #18 Order to Show Cause,, Adjournment of Hearing by 223 Howard, LLC, 37 Covert, LLC, 741 Hancock, LLC, BSD Quincy LLC, Berkshire Abstract & Title Agency, LLC, McKarkein Capital LLC, McKarkein Investment IDF LLC, Ztvi Zev Schwartz. (Ontell, Robert) |
| Filing 27 MOTION for Extension of Time to File Affidavit in r.e. Dckt. No. 26 by Gilbert Timsit. (Levin-Epstein, Joshua) |
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ORDER granting in part and denying in part #27 Motion for Extension of Time to File. Plaintiff's affidavit is due by 5 p.m. EST on Wednesday, December 16. Plaintiff should expect that any request for a further extension will result in a postponement of the December 18 hearing. Ordered by Judge Eric R. Komitee on 12/15/2020. (Kempf, Allison)
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Filing 26
ORDER re #21 Motion for Hearing -- Defendant's motion for a one-week adjournment of the hearing on the preliminary injunction is granted. Defendants' response to the Order to Show Cause is due on December 15. The hearing shall take place telephonically on December 18 at 2:15 p.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the hearing and use access code 564-7824. The Court notes that a group of "Proposed Intervenors" have filed a letter in this case, ECF No. #22 , and that their attorney subsequently entered an appearance, ECF No. #25 . If the "Proposed Intervenors" are indeed seeking to intervene, they should file a motion pursuant to Fed. R. Civ. P. 24. Absent such a filing, only the parties will be heard at the December 18 conference. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 12/10/2020. (Guy, Alicia)
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| Filing 25 NOTICE of Appearance by Danielle Paula Light on behalf of BK Advisory Ltd., Simon Elkouby, Eryck Rebbouh, Valerie Rebbouh, Arielle Scemama, Laurent Elie Scemama (aty to be noticed) (Light, Danielle) |
| Filing 24 RESPONSE in Opposition re #21 Letter MOTION for Hearing re #16 Reply in Support, #15 Unsigned Order to Show Cause, #18 Order to Show Cause,, #20 Affidavit of Service, #19 Affidavit of Service, #17 Affidavit of Service, Request to Adjourn Hearing filed by Gilbert Timsit. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Levin-Epstein, Joshua) |
| Filing 23 Letter in Response to Dckt. No. 22 by Gilbert Timsit (Attachments: #1 Exhibit A) (Levin-Epstein, Joshua) |
| Filing 22 Letter by Proposed Intervenors Requesting Enlargement of Time to Respond to TRO and Requesting Adjournment of December 11, 2020 Hearing by Laurent Elie Scemama, Arielle Scemama, Simon Elkouby, Eryck Rebbouh, Valerie Rebbouh, BK Advisory Ltd. (Light, Danielle) |
| Filing 21 Letter MOTION for Hearing re #16 Reply in Support, #15 Unsigned Order to Show Cause, #18 Order to Show Cause,, #20 Affidavit of Service, #19 Affidavit of Service, #17 Affidavit of Service, Request to Adjourn Hearing by 223 Howard, LLC, 37 Covert, LLC, 741 Hancock, LLC, BSD Quincy LLC, Berkshire Abstract & Title Agency, LLC, McKarkein Capital LLC, McKarkein Investment IDF LLC, Ztvi Zev Schwartz. (Ontell, Robert) |
| Filing 20 AFFIDAVIT of Service for Order to Show Cause served on McKarkein Investment IDF LLC on December 4, 2020, filed by Gilbert Timsit. (Mizrahi, Jason) |
| Filing 19 AFFIDAVIT of Service for Order to Show Cause served on Ztvi Zev Schwartz, 741 Hancock, LLC, 223 Howard, LLC, 37 Covert, LLC, BSD Quincy LLC, McKarkein Investment IDF LLC, McKarkein Capital LLC, and Berkshire Abstract & Title Agency, LLC on December 2, 2020, filed by Gilbert Timsit. (Mizrahi, Jason) |
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Filing 18
ORDER TO SHOW CAUSE -- Defendants shall appear telephonically at a hearing to be held before this Court at 2:15 p.m. on December 11, 2020 to show cause why an order should not be entered. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the hearing and use access code 564-7824. Plaintiff shall serve a copy of this Order to Show Cause, together with the papers upon which it is based, on all Defendants in accordance with applicable law. Defendants' Opposition papers, if any, shall be served on or before Tuesday, December 8, 2020. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 11/25/2020. (Guy, Alicia)
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| Filing 17 AFFIDAVIT of Service for Order to Show Cause [Dckt. No. 15] served on Ztvi Zev Schwartz, 741 Hancock, LLC, 223 Howard, LLC, 37 Covert, LLC, BSD Quincy LLC, McKarkein Investment IDF LLC, McKarkein Capital LLC, and Berkshire Abstract & Title Agency, LLC on November 25. 2020, filed by Gilbert Timsit. (Levin-Epstein, Joshua) |
| Filing 16 REPLY in Support re #15 Unsigned Order to Show Cause, filed by Gilbert Timsit. (Attachments: #1 Exhibit A) (Levin-Epstein, Joshua) |
| Filing 15 Unsigned Order to Show Cause by Gilbert Timsit (Attachments: #1 Memorandum in Support, #2 Affidavit in Support of Gilbert Timsit, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Declaration of Joshua D. Levin-Epstein, #15 Exhibit A, #16 Exhibit B, #17 Exhibit C) (Levin-Epstein, Joshua) |
| Filing 14 Summons Issued as to 223 Howard, LLC, 37 Covert, LLC, 741 Hancock, LLC, BSD Quincy LLC, Berkshire Abstract & Title Agency, LLC, McKarkein Capital LLC, McKarkein Investment IDF LLC, Ztvi Zev Schwartz. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (Ramesar, Thameera) |
| Filing 13 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 12 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 11 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 10 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 9 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 8 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 7 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 6 Proposed Summons. Re #1 Complaint by Gilbert Timsit (Mizrahi, Jason) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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 3 Civil Cover Sheet.. by Gilbert Timsit (Levin-Epstein, Joshua) |
| Filing 2 NOTICE of Appearance by Jason Mizrahi on behalf of Gilbert Timsit (aty to be noticed) (Mizrahi, Jason) |
| Filing 1 COMPLAINT against All Defendants, filed by Gilbert Timsit. (Attachments: #1 Exhibit June 2019 Transfer Payment, #2 Exhibit September 2019 Transfer Payment, #3 Exhibit WhatsApp Correspondence) (Levin-Epstein, Joshua) |
| Case Assigned to Judge Eric R. Komitee 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) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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