Hi Bar Capital LLC v. Getter
| Hi Bar Capital LLC |
| Yoel Getter |
| Yisroel Herbst |
| 1:2022cv01743 |
| March 29, 2022 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Kiyo A Matsumoto |
| Cheryl L Pollak |
| Eric N Vitaliano |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 4/21/2023. Motions referred to Robert M. Levy. (KD)
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 4/17/2023. (KD)
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ORDER REFERRING MOTION: Plaintiff Hi Bar Capital LLC and Third-Party Defendant Yisroel Herbst's #29 MOTION to Dismiss is respectfully referred to Magistrate Judge Cheryl L. Pollak. Ordered by Judge Kiyo A. Matsumoto on 4/6/2023. (ML)
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| Filing 41 REPLY in Support re #39 Letter MOTION to Quash Third-Party Subpoenas filed by Yoel Getter. (Klein, Benjamin) |
| Filing 40 RESPONSE in Opposition re #39 Letter MOTION to Quash Third-Party Subpoenas filed by Yisroel Herbst, Hi Bar Capital LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Lynn, Jonathan) |
| Filing 39 Letter MOTION to Quash Third-Party Subpoenas by Yoel Getter. (Attachments: #1 Ex. 1 - OptimumBank Subpoena, #2 Ex. 2 - JPMorgan Chase Bank, N.A. Subpoena, #3 Capital One, N.A. Subpoena) (Klein, Benjamin) |
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Filing 38
ORDER granting #37 : Motion for Protective Order is So-Ordered. So Ordered by Chief Magistrate Cheryl L. Pollak on 1/25/2023. (BL)
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| Filing 37 Consent MOTION for Protective Order by Yisroel Herbst, Hi Bar Capital LLC. (Lynn, Jonathan) |
| Filing 36 REPLY in Support re 34 Letter from Alan Vinegrad dated Dec. 28, 2022 filed by Yoel Getter. (Klein, Benjamin) |
| Filing 35 Letter in Opposition to Getter's Letter dated December 28, 2022 (Doc. 34) by Yisroel Herbst, Hi Bar Capital LLC (Attachments: #1 Exhibit A - 12.12.22 Letter to Klein, #2 Exhibit B - Email Correspondence) (Lenihan, Glen) |
| ELECTRONIC ORDER re #34 : Plaintiff and Yisroel Herbst are to respond to defendant's letter by 1/9/2023. So Ordered by Chief Magistrate Cheryl L. Pollak on 1/2/2023. (BL) |
| Filing 34 Letter From Alan Vinegrad to Hon. Cheryl L. Pollak re Production Deficiencies by Yoel Getter (Attachments: #1 Exhibit 1 - Requests for Production of Documents to Herbst, #2 Exhibit 2 - Herbst Responses and Objections, #3 Exhibit 3 - ESI Protocol) (Vinegrad, Alan) |
| Filing 33 Letter Request for Oral Argument by Yisroel Herbst, Hi Bar Capital LLC (Lynn, Jonathan) |
| Filing 32 Letter Description of Counterclaim Defendants' Motion Documents by Yisroel Herbst, Hi Bar Capital LLC (Lynn, Jonathan) |
| Filing 31 REPLY in Support re #29 MOTION to Dismiss filed by Yisroel Herbst, Hi Bar Capital LLC. (Attachments: #1 Reply Declaration of Yisroel Herbst) (Lynn, Jonathan) |
| Filing 30 MEMORANDUM in Opposition re #29 MOTION to Dismiss Defendant/Third-Party Plaintiff's Counterclaims and Third-Party Complaint filed by Yoel Getter. (Klein, Benjamin) |
| Filing 29 MOTION to Dismiss by Yisroel Herbst, Hi Bar Capital LLC. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Yisroel Herbst, #3 Exhibit A - Counterclaims, #4 Exhibit B - Complaint) (Lynn, Jonathan) |
| MINUTE ENTRY for Status Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 12/15/2022. Appearance for Plaintiff (Hi-Bar)/Third-Party Defendant (Yisroel Herbst): Glen Lenihan; Jonathan Lynn. Appearance for Defendant (Yoel Getter): Benjamin Klein; Alan Vinegrad. Parties to review confidentiality order re #28 as per discussion at conference. (DC) |
| Filing 28 Consent MOTION for Protective Order by Yisroel Herbst, Hi Bar Capital LLC. (Lynn, Jonathan) |
| Filing 27 REPLY to Response to Motion re #25 Letter MOTION to Compel the Production of Documents filed by Yoel Getter. (Klein, Benjamin) |
| Filing 26 RESPONSE in Opposition re #25 Letter MOTION to Compel the Production of Documents filed by Yisroel Herbst, Hi Bar Capital LLC. (Attachments: #1 Exhibit A) (Lynn, Jonathan) |
| ELECTRONIC ORDER re #25 : Plaintiff and Yisroel Herbst are to respond to defendant's letter by 11/8/2022. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/1/2022. (BL) |
| Filing 25 Letter MOTION to Compel the Production of Documents by Yoel Getter. (Attachments: #1 Ex. 1 - Document Requests to Herbst dated August 4, 2022, #2 Ex. 2 - Herbst Responses and Objections to Document Requests dated September 13, 2022) (Klein, Benjamin) |
| Filing 24 Letter MOTION for pre motion conference re Pre Motion Conference,,,,, by Yisroel Herbst, Hi Bar Capital LLC. (Lynn, Jonathan) |
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SCHEDULING ORDER re #24 Letter. The Court approves parties' proposed briefing schedule. The parties shall comply with the bundling rule set forth in Rule III.C.1 of the undersigned's Chambers Practices.Counterclaim Defendants shall serve their moving papers by November 8, 2022. Counterclaim/Third Party Plaintiff shall serve his opposition papers by December 9, 2022. Counterclaim Defendants shall serve their reply by December 23, 2022. On December 23, 2022, the parties shall: (1) file the fully-briefed motion papers on ECF in logical order and (2) deliver two courtesy copies of all motion papers to Chambers. Ordered by Judge Kiyo A. Matsumoto on 10/25/2022. (ML)
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| Filing 23 Amended ANSWER to #22 Amended Complaint , Amended THIRD PARTY COMPLAINT against Yisroel Herbst, Amended COUNTERCLAIM against Hi Bar Capital LLC by Yoel Getter. (Attachments: #1 Ex. 1 - Email Dated February 8, 2021, #2 Ex. 2 - Text Message Exchange Dated May 6, 2021, #3 Ex. 3 - Text Message Exchange Dated May 26, 2021, #4 Ex. 4 - Text Message Exchange Dated May 26, 2021, #5 Ex. 5 - Text Message Exchange Dated August 16, 2021) (Klein, Benjamin) |
| Filing 22 AMENDED COMPLAINT against Yoel Getter, filed by Hi Bar Capital LLC. (Attachments: #1 Ex. 1 - Operating Agreement, #2 Ex. 2 - Articles of Organization, #3 Ex. 3 - Schedule K-1s) (Lynn, Jonathan) |
| MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 9/29/2022. Appearance for plaintiff/counterclaim defendants: Jonathan Lynn \ Glen Lenihan. Appearance for defendant: Alan Vinegrad \ Ben Klein. Parties exchanging written discovery by mid November. Status Conference set for 12/15/2022 @ 10:45 AM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 22-1743. Parties will say at next conference when they intend to depose two principal actors and the identifies of other witnesses for depositions. (FTR: 9:42 - 9:59) (DC) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 9/30/2022. Appearances: Glen Lenihan and Jonathan Lynn, Esqs. for Plaintiff/Counter-Defendant Hi Bar Capital LLC and Third-Party Defendant Yisroel Herbst; Alan Vinegrad and Benjamin Klein, Esqs. for Defendant/Counter-Claimant/Third-Party Plaintiff Yoel Getter. The court held a pre-motion conference in Courtroom 6C South regarding Hi Bar Capital and Mr. Herbst's proposed motion to dismiss, with the parties appearing by telephone. Rather than proceed to motion practice at this time, Plaintiff shall file an amended complaint by October 4, 2022. Defendant shall file an amended answer, with any counter or third party claims, by October 13, 2022. By October 25, 2022, the parties shall submit a joint letter (1) advising the court how they intend to proceed and (2) proposing a briefing schedule if the parties wish to proceed to motion practice. The court also encouraged the parties to engage in good-faith settlement negotiations.The court wishes to notify the parties that the undersigned worked with Mr. Vinegrad in the U.S. Attorney's Office when she was Chief of the Civil Division and he was First Assistant U.S. Attorney and Interim U.S. Attorney. (Court Reporter Leeann Musolf) (Duhaime, Daniel) |
| Filing 21 REPLY in Opposition to Motion for Pre Motion Conference at Dkt. No. 19 filed by Yoel Getter. (Klein, Benjamin) |
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ORDER granting #19 Motion for Pre Motion Conference; granting #20 Motion for Extension of Time to File. Defendant may respond to Plaintiff's #19 letter requesting a pre-motion conference by September 29, 2022. The parties shall appear by telephone for a pre-motion conference on September 30, 2022 at 10:00 AM. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 9/26/2022. (Duhaime, Daniel)
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| Filing 20 Letter MOTION for Extension of Time to File Response to Pre-Motion Conference Letter by Yoel Getter. (Klein, Benjamin) |
| Filing 19 MOTION for pre motion conference to obtain leave to file a motion to dismiss by Yisroel Herbst, Hi Bar Capital LLC. (Lynn, Jonathan) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting (Lynn, Jonathan) |
| ELECTRONIC ORDER granting #17 Motion for Extension of Time to respond to Defendant\Third-Party Plaintiff's counterclaims and third-party complaint - 9/23/2022. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 9/7/2022. (Caggiano, Diana) |
| Filing 17 Consent MOTION for Extension of Time to File Response/Reply as to #13 Answer to Complaint, Third Party Complaint, Counterclaim by Yisroel Herbst, Hi Bar Capital LLC. (Lynn, Jonathan) |
| Filing 16 Summons Issued as to Yisroel Herbst. (Tavarez, Jennifer) |
| Filing 15 Consent MOTION for Extension of Time to File Response/Reply as to #13 Answer to Complaint, Third Party Complaint, Counterclaim by Yisroel Herbst, Hi Bar Capital LLC. (Lynn, Jonathan) |
| ELECTRONIC ORDER granting #15 : Counterclaim defendants are to answer, move, or otherwise respond to the claims set forth in defendant's answer #13 by 9/16/2022. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/28/2022. (Nordstrom, Britta) |
| Filing 14 Proposed Summons. Re #13 Answer to Complaint, Third Party Complaint, Counterclaim by Yoel Getter (Vinegrad, Alan) |
| Filing 13 ANSWER to #1 Complaint, , THIRD PARTY COMPLAINT against Yisroel Herbst, COUNTERCLAIM against Hi Bar Capital LLC by Yoel Getter. (Vinegrad, Alan) |
| The Initial Conference previously scheduled for 9/21/2022 before Chief Magistrate Judge Cheryl Pollak has been rescheduled to 9/29/2022 @ 9:45 AM. Please dial 877-336-1839 at 9:45 AM. Enter Access code: 380-1746 and security code: 22-1743. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 7/15/2022. (Caggiano, Diana) |
| Filing 12 NOTICE of Appearance by Benjamin Klein on behalf of Yoel Getter (aty to be noticed) (Klein, Benjamin) |
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Filing 11
SCHEDULING ORDER: An Initial Conference is set for 9/21/2022 @ 9:45 AM before Chief Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 9:45 AM. Enter Access code: 380-1746 and security code: 22-1743. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 7/5/2022. (Caggiano, Diana)
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| Filing 10 Letter Providing Status Update by Hi Bar Capital LLC (Lynn, Jonathan) |
| REQUEST for Certificate of Default is denied at this time. As per Judge Pollak's Order date 07/01/22 Granting the Motion for Extension to File to a Response/Reply, Defendant is to move, answer, or otherwise respond by 7/22/2022. re #7 Request for Certificate of Default (Poveda, J.) |
| Filing 9 Letter MOTION for Extension of Time to File Response/Reply as to #1 Complaint, on consent by Yoel Getter. (Attachments: #1 Stipulation) (Vinegrad, Alan) |
| Filing 8 NOTICE of Appearance by Alan Mark Vinegrad on behalf of Yoel Getter (aty to be noticed) (Vinegrad, Alan) |
| ELECTRONIC ORDER granting #9 : Defendant is to move, answer, or otherwise respond by 7/22/2022. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/1/2022. (Nordstrom, Britta) |
| Filing 7 Request for Certificate of Default by Hi Bar Capital LLC (Attachments: #1 Declaration, #2 Exhibit A - Proposed Certificate of Default, #3 Exhibit B - Affidavit of Service) (Lynn, Jonathan) |
| STATUS REPORT ORDER: The parties are directed to provide a status letter to this Court within thirty (30) days of the date of this Order. Status Report due by 7/5/2022. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 6/3/2022. (Caggiano, Diana) |
| Filing 6 SUMMONS Returned Executed by Hi Bar Capital LLC. Yoel Getter served on 5/2/2022, answer due 5/23/2022. (Lynn, Jonathan) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to Yoel Getter. (Bowens, Priscilla) |
| Filing 2 NOTICE of Appearance by Jonathan Austin Lynn on behalf of Hi Bar Capital LLC (aty to be noticed) (Lynn, Jonathan) |
| Filing 1 COMPLAINT against Yoel Getter filing fee $ 402, receipt number ANYEDC-15418301 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Hi Bar Capital LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Lenihan, Glen) |
| Case Assigned to Judge Kiyo A. Matsumoto and Chief Magistrate 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) |
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