Law Offices of Aleksandr Vakarev v. Cuneo Gilbert & LaDuca, LLP et al
| Law Offices of Aleksandr Vakarev |
| Barrett Law Group, P.A. and Cuneo Gilbert & LaDuca, LLP |
| Arthur Rosenbloom |
| 1:2021cv02942 |
| May 25, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| James R Cho |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| None |
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Filing 27
MEMORANDUM AND ORDER: Vakarevs motion #17 to remand this case back to the Supreme Court, Kings County is GRANTED. The Clerk of the Court is directed to remand this case back to Supreme Court, Kings County # 503661/2021. Ordered by Judge Frederic Block on 8/1/2022. (Innelli, Michael)
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ELECTRONIC Order of Remand to State Court: To Supreme Court, Kings County, case number 503661/2021. See entry #27 . Ordered by Judge Frederic Block on 8/1/2022. (Innelli, Michael)
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| Filing 26 MEMORANDUM in Opposition re #17 MOTION to Remand to State Court filed by Barrett Law Group, P.A., Cuneo Gilbert & LaDuca, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Riley Declaration in Opposition to Motion to Remand, #4 Hudson Declaration in Opposition to Motion to Remand) (Smith, Ralph) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction by Barrett Law Group, P.A., Cuneo Gilbert & LaDuca, LLP. (Attachments: #1 Riley Declaration in Support of Motion to Dismiss, #2 Proposed Order Granting Defendant's Motion to Dismiss, #3 Plaintiff's Memorandum in Opposition to Motion to Dismiss, #4 Wittenstein Declaration in Opposition to Motion to Dismiss, #5 Ex. 1 to Wittenstein Declaration, #6 Ex. 2 to Wittenstein Declaration, #7 Ex. 3 to Wittenstein Declaration, #8 Ex. 4 to Wittenstein Declaration, #9 Ex. 5 to Wittenstein Declaration, #10 Bowles Declaration in Opposition to Motion to Dismiss, #11 Ex. 6 to Bowles Declaration, #12 Ex. 7 to Bowles Declaration, #13 Proposed Order Denying Motion to Dismiss, #14 Defendant's Reply in Support of Motion to Dismiss) (Smith, Ralph) |
| Filing 24 MOTION to Dismiss for Failure to State a Claim by Barrett Law Group, P.A., Cuneo Gilbert & LaDuca, LLP. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss, #2 Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss, #3 Proposed Order Denying Defendants' Motion to Dismiss, #4 Reply in Support of Defendants' Motion to Dismiss) (Smith, Ralph) |
| Filing 23 REPLY in Support re #22 MOTION to Change Venue filed by Barrett Law Group, P.A., Cuneo Gilbert & LaDuca, LLP. (Attachments: #1 Defendants' Motion and Memorandum in Support of Motion to Transfer, #2 Riley Declaration in Support of Motion to Transfer, #3 Proposed Order Granting Defendants' Motion to Transfer, #4 Plaintiff's Memorandum in Opposition to Motion to Transfer, #5 Wittenstein Declaration in Opposition to Motion to Transfer, #6 Ex. 1 to Wittenstein Declaration, #7 Ex. 2 to Wittenstein Declaration, #8 Ex. 3 to Wittenstein Declaration, #9 Ex. 4 to Wittenstein Declaration, #10 Ex. 5 to Wittenstein Declaration, #11 Ex. 6 to Wittenstein Declaration, #12 Ex. 7 to Wittenstein Declaration, #13 Ex. 8 to Wittenstein Declaration, #14 Ex. 9 to Wittenstein Declaration, #15 Ex. 10 to Wittenstein Declaration, #16 Bowles Declaration in Opposition to Motion to Transfer, #17 Ex. 11 to Bowles Declaration, #18 Ex. 12 to Bowles Declaration, #19 Ex. 13 to Bowles Declaration, #20 Ex. 14 to Bowles Declaration, #21 Ex. 15 to Bowles Declaration, #22 Ex. 16 to Bowles Declaration, #23 Proposed Order Denying Defendants' Motion to Transfer) (Smith, Ralph) |
| Filing 22 MOTION to Change Venue by Barrett Law Group, P.A., Cuneo Gilbert & LaDuca, LLP. (Attachments: #1 Exhibit Declaration of Katherine Barrett Riley, #2 Proposed Order) (Smith, Ralph) |
| Filing 21 MEMORANDUM in Opposition to Motion to Transfer filed by Law Offices of Aleksandr Vakarev. (Attachments: #1 Declaration Wittenstein Declaration, #2 Exhibit Ex 1 to Wittenstein Dec - Retainer Agreement, #3 Exhibit Ex 2 to Wittenstein Dec - Vakarev timesheet, #4 Exhibit Ex 3 to Wittenstein Dec - NAM invoice, #5 Exhibit Ex 4 to Wittenstein Dec - Settlement Agreement, #6 Exhibit Ex 5 to Wittenstein Dec - 5/10/17 Letter, #7 Exhibit Ex 6 to Wittenstein Dec - 8/17/17 Letter, #8 Exhibit Ex 7 to Wittenstein Dec - 11/22/17 Letter, #9 Exhibit Ex 8 to Wittenstein Dec - 7/9/18 Letter, #10 Exhibit Ex 9 to Wittenstein Dec - Barrett Attorney-Client Contract, #11 Exhibit Ex 10 to Wittenstein Dec - Consent to change attorney, #12 Declaration Bowles Declaration, #13 Exhibit Ex 11 to Bowles Dec - 10/17/16 news article, #14 Exhibit Ex 12 to Bowles Dec - federal complaint, #15 Exhibit Ex 13 to Bowles Dec - 1/4/19 letter, #16 Exhibit Ex 14 to Bowles Dec - state court complaint, #17 Exhibit Ex 15 to Bowles Dec - Cuneo timesheet, #18 Exhibit Ex 16 to Bowles Dec - Barrett timesheet, #19 Proposed Order Proposed Order) (Bowles, David) |
| Filing 20 MEMORANDUM in Opposition to Barrett Motion to Dismiss filed by Law Offices of Aleksandr Vakarev. (Attachments: #1 Declaration Wittenstein Declaration, #2 Exhibit Ex 1 - Retainer Agreement, #3 Exhibit Ex 2 - July 9, 2018 letter, #4 Exhibit Ex 3 - August 13, 2018 letter, #5 Exhibit Ex 4 - Barrett Attorney-Client Contract, #6 Exhibit Ex 5 - Consent to Change Attorney, #7 Declaration Bowles Declaration, #8 Exhibit Ex 6 - 10/17/16 article, #9 Exhibit Ex 7 - Barrett time records, #10 Proposed Order Proposed Order) (Bowles, David) |
| Filing 19 MEMORANDUM in Opposition to Motion to Dismiss filed by Law Offices of Aleksandr Vakarev. (Attachments: #1 Proposed Order Proposed Order) (Bowles, David) |
| Filing 18 REPLY in Support re #17 MOTION to Remand to State Court filed by Law Offices of Aleksandr Vakarev. (Attachments: #1 Declaration Mossberg Declaration, #2 Exhibit Ex C to Mossberg Dec - Retainer Agreement, #3 Exhibit Ex D to Mossberg Dec - 8/17/17 letter, #4 Exhibit Ex E to Mossberg Dec - 7/9/18 letter, #5 Exhibit Ex F to Mossberg Dec - consent to change attorney, #6 Declaration Wittenstein Declaration, #7 Declaration Bowles Declaration, #8 Exhibit Ex G to Bowles Dec - Cuneo timesheet, #9 Exhibit Ex H to Bowles Dec - Barrett timesheet, #10 Exhibit Ex I to Bowles Dec - Vakarev timesheet, #11 Letter requesting oral argument) (Bowles, David) |
| Filing 17 MOTION to Remand to State Court by Law Offices of Aleksandr Vakarev. (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Declaration Bowles Declaration, #3 Exhibit Ex. A - Consent to Change Attorney, #4 Exhibit Ex. B - June 2, 2021 email string, #5 Proposed Order Proposed Order) (Bowles, David) |
| Filing 16 Letter re: Motions Briefing by Cuneo Gilbert & LaDuca, LLP (Smith, Ralph) |
| Filing 15 Letter to Defendants with Oppositions by Law Offices of Aleksandr Vakarev (Bowles, David) |
| Filing 14 Letter re motion to remand by Law Offices of Aleksandr Vakarev (Bowles, David) |
| Filing 13 Letter re: Motions Briefing by Cuneo Gilbert & LaDuca, LLP (Smith, Ralph) |
| Filing 12 STIPULATION as directed by Mediator by Law Offices of Aleksandr Vakarev (Bowles, David) |
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SCHEDULING ORDER: The Court adopts the parties agreed upon #12 briefing schedule. By January 28, 2022 the parties shall file their fully briefed motions to dismiss, change of venue and remand. The in person contempt hearing scheduled for January 24, 2022 @ 11am is adjourned sine die, based upon the mediator's report that the parties participated in the mediation in good faith. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 12/8/2021. (Innelli, Michael)
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| Case returned from mediation. (Innelli, Michael) |
| Minute Entry for proceedings held before Judge Frederic Block: David Bowles, Esq. for the plaintiff, and Michael Smith, Esq. by telephone for the defendants and Arthur Rosenbloom the mediator by telephone, all present. Status conference held on 11/18/2021. The court mediation session was discussed. A further mediation session is scheduled for December 7, 2021. Should the case not settle the court will hold a hearing on 1/24/22 @ 11am to determine if there was any bad faith in this mediation process. (Court Reporter: Sophie Nolan 718 613 2622) (Innelli, Michael) |
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ELECTRONIC ORDER: Defendant's letter application #11 with the consent of the plaintiff is granted in part and denied in part. The mediation deadline is extended until December 31, 2021. The in person conference scheduled for November 18, 2021 @ 3:30pm will go forward as scheduled and Mr. Smith's application to participate by telephone since is located in Virginia is granted. Ordered by Judge Frederic Block on 11/16/2021. (Innelli, Michael)
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| Filing 11 Letter re: Mediation by Cuneo Gilbert & LaDuca, LLP (Smith, Ralph) |
| Set/Reset Hearings: In Person Conference set for 11/18/2021 03:30 PM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: An in person conference is schedule for November 18, 2021 @ 3:30PM to discuss the court mediation process. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other the date and time of this in person conference. Ordered by Judge Frederic Block on 11/12/2021. (Innelli, Michael)
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| SELECTION OF MEDIATOR: Arthur Rosenbloom selected as Mediator. The first mediation session took place on October 18, 2021 and is ongoing. (Priftakis, Tina) |
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ELECTRONIC ORDER: In response to the parties joint letter application #10 the Court is appointing Arthur Rosenbloom as court mediator. Counsel shall jointly contact Mr. Rosenbloom at Arthur@consiliumadr.com or at 212-324-9737. Ordered by Judge Frederic Block on 10/7/2021. (Innelli, Michael)
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| Filing 10 Letter re: Mediation by Cuneo Gilbert & LaDuca, LLP (Smith, Ralph) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 11/17/21.Selection of Mediator due by 10/1/2021. Ordered by Judge Frederic Block on 9/17/2021. (Innelli, Michael)
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| Minute Entry for proceedings held before Judge Frederic Block: David Bowles, Esq. for the plaintiff and Ralph Smith, Esq. by telephone for the defendants, all present. Pre-motion conference held on 9/3/2021. Defendants anticipated motion to dismiss and plaintiffs anticipated motion to remand back to State Court were discussed. The court will refer this case to court mediation in 2 weeks time. (Court Reporter: Not Reported) (Innelli, Michael) |
| Filing 9 Letter re: Pre-Motion Conference by Cuneo Gilbert & LaDuca, LLP (Smith, Ralph) |
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SCHEDULING ORDER: Plaintiff's letter application #7 dated 6/23/21 is GRANTED. This application will be discussed at the in person pre-motion conference scheduled on September 3, 2021 @ 11:00AM. Ordered by Judge Frederic Block on 7/16/2021. (Innelli, Michael)
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| Filing 8 Letter dated 6/23/2021 from David K. Bowles to R. Michael Smith, informing counsel that Plaintiff intends to move to remand to state court, and has filed a request for a pre-motion conference with the Court. In order to satisfy the statutory requirements for a timely motion, pltff's counsel also serves herewith the motion, should the Court allow it to be filed. (w/o enc.) (Galeano, Sonia) |
| Filing 7 MOTION for pre motion conference regarding motion to remand by Law Offices of Aleksandr Vakarev. (Bowles, David) |
| Filing 6 NOTICE of Appearance by David Kay Bowles on behalf of Law Offices of Aleksandr Vakarev (aty to be noticed) (Bowles, David) |
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Filing 5
SCHEDULING ORDER: The defendant's letter application #4 dated 6/1/21 is GRANTED. An in person pre motion conference is scheduled for September 3, 2021 @ 11:00AM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 6/23/2021. (Innelli, Michael)
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| Filing 4 MOTION for pre motion conference by Barrett Law Group, P.A., Cuneo Gilbert & LaDuca, LLP. (Smith, Ralph) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Cuneo Gilbert & LaDuca, LLP from Supreme Court of the State of New York County of Kings, case number 503661/2021. ( Filing fee $ 402 receipt number ANYEDC-14506212) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4) (Smith, Ralph) (Attachment 1 replaced on 5/26/2021) (Lee, Tiffeny). |
| Case Assigned to Judge Frederic Block and Magistrate Judge James R. Cho. 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) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
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