Kaye et al v. Barry S. Franklin & Associates, P.A. et al
| Barry Kaye and Ahron Berlin |
| Barry S. Franklin & Associates, P.A., Barry S. Franklin, Olivia Retenauer, Richard J. McCord, Certilman Balin Adler & Hyman, LLP, Robert Nosek, Margalit Schneorson, Michael H. Cohen, Cohen & Schneorson Investment LLC, Furr and Cohen, P.A., Alan R. Crane, Esq., JOHN DOE #1 through JOHN DOE #10 and Jane Doe #1-10 |
| 1:2023cv02755 |
| April 12, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Marcia M Henry |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| None |
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ORDER finding as moot #10 Motion for Extension of Time to File Response/Reply. Defendant's response has already been filed, see ECF No. #11 . Ordered by Judge Hector Gonzalez on 6/6/2023. (MD)
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| Filing 15 AFFIDAVIT/AFFIRMATION re #10 MOTION for Extension of Time to File Response/Reply Letter Motion for Extension of Time to File Response to Motion for Remand [ECF Doc. No. 9], #11 Memorandum in Opposition, #12 Memorandum in Opposition,, by Certilman Balin Adler & Hyman, LLP (Mayall, Jaspreet) |
| Filing 14 AFFIDAVIT/AFFIRMATION re #11 Memorandum in Opposition, #12 Memorandum in Opposition,, CERTIFICATE OF SERVICE by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek (Mayall, Jaspreet) |
| Filing 13 AFFIDAVIT/AFFIRMATION re #10 MOTION for Extension of Time to File Response/Reply Letter Motion for Extension of Time to File Response to Motion for Remand [ECF Doc. No. 9] Certificate of Service by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek (Mayall, Jaspreet) |
| Filing 12 MEMORANDUM in Opposition re #11 Memorandum in Opposition, (Amending ECF 11 to Include Full Opposition Document Which Was Served Via First Class Mail) filed by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek. (Attachments: #1 Declaration of Jaspreet S. Mayall, Esq., in Support of Opposition, #2 Exhibit A - Involuntary Petition, #3 Exhibit B - McCord Notice of Appointment, #4 Exhibit C - Order Authorizing CBAH Retention, #5 Exhibit D - ECF Docket from 23-03125) (Mayall, Jaspreet) Modified on 6/6/2023 to correct typographical error (VM). |
| Filing 11 MEMORANDUM in Opposition re #9 MOTION to Remand to State Court , Kings County, Index Number 507609/2023 filed filed by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek. (Attachments: #1 Declaration In Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Mayall, Jaspreet) |
| Filing 10 MOTION for Extension of Time to File Response/Reply Letter Motion for Extension of Time to File Response to Motion for Remand [ECF Doc. No. 9] by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek. (Mayall, Jaspreet) |
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ORDER: The Court is in receipt of Plaintiff's motion to remand to state court, see ECF No. #9 . Defendants are directed to file a response to Plaintiff's motion to remand this action to state Court by May 30, 2023. Ordered by Judge Hector Gonzalez on 5/23/2023. (MD)
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| Filing 9 MOTION to Remand to State Court , Kings County, Index Number 507609/2023 filed by Barry Kaye. (Attachments: #1 Notice of Motion) (JC) |
| Filing 8 RESPONSE in Opposition; re #6 MOTION to Refer/Remand to Bankruptcy Court (Letter Motion Requesting Sue Sponte Referral to Bankruptcy Court; Or, Request for Conference to Discuss Same) filed by Ahron Berlin, Barry Kaye. (VM) |
| Filing 7 Letter dated May 5, 2023 to Judge Gonzalez from pro se Plaintiff Barry Kaye regarding claims made by Defendant Mr. Crane. (JC) |
| Filing 6 MOTION to Refer/Remand to Bankruptcy Court (Letter Motion Requesting Sue Sponte Referral to Bankruptcy Court; Or, Request for Conference to Discuss Same) by Certilman Balin Adler & Hyman, LLP. (Mayall, Jaspreet) |
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ORDER re #6 MOTION to Refer/Remand to Bankruptcy Court. Plaintiffs are directed to file a response to Defendants' motion to refer this action to Bankruptcy Court by May 17, 2023.The Clerk of Court is respectfully directed to mail a copy of this Order and Defendants' motion, ECF No. #6 , to pro se Plaintiffs and to note the mailing on the docket.Ordered by Judge Hector Gonzalez on 5/3/2023. (JN)
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| Filing 5 AFFIDAVIT/AFFIRMATION re #2 Proposed Summons/Civil Cover Sheet, #1 Notice of Removal,, (Affidavit of Service) by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek (Mayall, Jaspreet) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Case Assigned to Judge Hector Gonzalez and Magistrate Judge Marcia M. Henry. 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. (SR). |
| 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. (SR) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal,, by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek (Mayall, Jaspreet) |
| Filing 1 NOTICE OF REMOVAL by Certilman Balin Adler & Hyman, LLP, Richard J. McCord, Robert Nosek from New York Supreme Court, Kings County, case number 507609/2023. ( Filing fee $ 402 receipt number ANYEDC-16593644) (Attachments: #1 Civil Cover Sheet, #2 Summons with Notice, #3 Exhibit A to Summons with Notice, #4 Exhibit B to Summons with Notice, #5 State Court Affidavit of Service 1, #6 State Court Affidavit of Service 2, #7 State Court Notice of Appearance and Demand for Complaint) (Mayall, Jaspreet) |
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