Farkash et al v. Anisfeld et al
| Israel Meir Farkash and Ahron Berlin |
| Yakov Anisfeld, Sol Fisher, Sam Gratt, Samuel Gratt, JDA Holdings LLC and S&W Metals, Inc. |
| 1:2023cv06600 |
| September 5, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Vera M Scanlon |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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ORDER REMANDING CASE -- In his letter motion dated October 3, 2023, pro se Plaintiff Israel Meir Farkash "urge[s] the court to either remand the case back to the state court or, as an alternative, to extend the deadline for filing the motion to remand." See ECF No. 8 at 2. Plaintiff Farkash notes, inter alia, that the notice of removal "lacks the required consent from all defendants to transition the case to federal jurisdiction, as required under [28 U.S.C. 1446(b)(2)(A)]." See ECF No. 8 at 1. A review of the record reflects that the appearing parties agree that Defendants Sol Fischer, Yakov Anisfeld, and JDA Holdings LLC have not demonstrated that all Defendants consented to removal of this action. See ECF No. 7 at 2; ECF No. 8 at 1; ECF No. 12 at 1. Plaintiff Farkash's motion, liberally construed -- in light of Plaintiff Farkash's pro se status -- as a motion to remand, is granted. See 28 U.S.C. 1446(b)(2)(A), 1447(c). This case is remanded to the Supreme Court of the State of New York, County of Kings, Index No. 522123/2023. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of the Supreme Court of the State of New York, County of Kings and to close the case. The Clerk of Court is further directed to mail a copy of this Order and of the docket sheet to each pro se Plaintiff. Ordered by Judge Diane Gujarati on 11/2/2023. (IH)
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| Filing 21 Letter from Israel Meir Farkash to Judge Gujarati dated 10/30/2023 re: respond from the plaintiff to the letter of mr Steinmetz dated Oct 26, 2023 case CV-06600 Farkash v. Anisfeld et al. (IH) |
| Filing 20 CERTIFICATE OF SERVICE by Yakov Anisfeld re #18 Letter (Steinmetz, David) |
| Filing 19 Letter by Yakov Anisfeld (Steinmetz, David) |
| Filing 18 Letter by Yakov Anisfeld (Steinmetz, David) |
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ORDER. As discussed during the 10/19/2023 Telephone Conference, the parties agreed to file a stipulation to remand. The parties are to file the stipulation by 10/26/2023. The Clerk of Court is respectfully directed to mail copies of this Order and the docket sheet to the pro se Plaintiffs. Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2023. (GS)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 10/19/2023. Israel Meir Farkash and Ahron Berlin appeared on their own behalf. David Charles Steinmetz appeared for Defendants. See separate docket entry for Order. (FTR Log #2:26-2:39.) (GS) Modified on 10/21/2023 (GS). |
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the 10/19/2023 4:00 PM Telephone Conference is rescheduled for 2:00 PM on the same day. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge.The Court will email a copy of this Order to all parties. The Clerk of Court is directed to mail copies of this Order and the docket sheet to the pro se Plaintiffs. Ordered by Magistrate Judge Vera M. Scanlon on 10/18/2023. (GS)
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| Filing 17 CERTIFICATE OF SERVICE by Yakov Anisfeld re #14 Letter (Steinmetz, David) |
| Filing 16 Letter requesting adjournment by Yakov Anisfeld (Steinmetz, David) |
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ORDER granting #16 Motion to Adjourn Conference. The 10/17/2023 Telephone Conference is rescheduled for 10/19/2023 at 4:00 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge.The Court is in receipt of Plaintiffs' #8 motion for an extension of time to file a motion for remand and Defendants' #12 motion to remand. Given the parties' agreement that the case should be remanded, the parties are encouraged to confer and consider proposing a mutually agreeable stipulation to remand prior to the Telephone Conference.The Court will email a copy of this Order to all parties. The Clerk of Court is directed to mail copies of this Order and the docket sheet to the pro se Plaintiffs.Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2023. (GS)
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| Filing 15 Letter from Israel Meir Farkash to Judge Gujarati dated 10/15/2023 re: respond from the plaintiff for the motion to remand Case 1:23-cv-06600 Farkash v. Anisfeld et al. (IH) |
| Filing 14 JOINT PROPOSED CIVIL CASE MANAGEMENT PLAN (IH) |
| Filing 13 CERTIFICATE OF SERVICE by Yakov Anisfeld re #12 Second MOTION to Remand to State Court Amended with "So Ordered" (Steinmetz, David) |
| Filing 12 Second MOTION to Remand to State Court Amended with "So Ordered" by Yakov Anisfeld. (Steinmetz, David) |
| Filing 11 CERTIFICATE OF SERVICE by Yakov Anisfeld re #10 First MOTION to Remand to State Court (Steinmetz, David) |
| Filing 10 First MOTION to Remand to State Court by Yakov Anisfeld. (Steinmetz, David) |
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Filing 9
SCHEDULING ORDER: A telephonic initial conference is set for 10/17/2023 at 11:00 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. The parties must be prepared to discuss Plaintiffs' anticipated motion to remand. The parties must complete the attached Joint Proposed Case Management Plan and file it on ECF no later than 10/13/2023. The Court will mail copies of this Order, its attachment and the docket sheet to Israel Meir Farkash, 1909 New York Avenue, Brooklyn, NY 11210, and Ahron Berlin 3 Liska Way, # 101, Monroe, NY 10950. Ordered by Magistrate Judge Vera M. Scanlon on 10/6/2023. (GS)
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| Filing 8 Letter MOTION for Extension of Time to File Motion to Remand Case by Israel Meir Farkash. (IH) |
| Filing 7 Letter undated filed 9/20/23 from Aharon Berlin, plaintiff pro se re: in response to letter dated 9/19/23 from David C. Steinmetz, Esq. (RG) |
| Case Reassigned to Judge Diane Gujarati and Magistrate Judge Vera M. Scanlon. Judge Ann M Donnelly, Magistrate Judge Ramon E. Reyes, Jr no longer assigned to the 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. (KD) |
| Notice of Related Case: The Case was directly assigned as a related Pro Se/Habeas Case. (KD) |
| Filing 6 Letter in response by Yakov Anisfeld (Steinmetz, David) |
| Filing 5 Letter dated 9/18/23 from Israel M. Farkash, plaintiff pro se re: would like to bring to the Court's attention three crucial matters regarding this case. (RG) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Ramon E. Reyes, Jr. 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. (KD) |
| Filing 2 Civil Cover Sheet.. by Yakov Anisfeld (Steinmetz, David) |
| FINAL NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form 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. (KD) |
| Notice: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) |
| Filing 1 NOTICE OF REMOVAL by All Defendants Yakov Anisfeld and Sol Fisher from Supreme Court of State of New York, Kings County, case number 522123/2023. ( Filing fee $ 402 receipt number ANYEDC-17051508) (Attachments: #1 Notice of Removal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Steinmetz, David) |
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