Lorber v. Winston et al
Annette Lorber |
Winhaven Westhampton Beach Plaza LLC, Winhaven of New York City LLC, Jonathan Winston, Winhaven Realty LLC, Winhaven Mattituck LLC, Winhaven Management Corp., Winhaven Management of New York, Inc., Winhaven Holdings LLC, Winhaven Group LLC, Winhaven Group of New York LLC, Winhaven Development of New York, Inc., Winhaven Capital Partners, Winhaven Development Corp., Winhaven Associates LLC, Winhaven Boerum LLC, Winhaven 640 Broadway LLC, Winhaven Associates II LLC, Eva Tehrani, Sheldon M. Ganz, CPA, P.C., 513 Central Park LLC, 640 Broadway Owners LLC, Sheldon M. Ganz, HSBC Bank USA, National Association and HSBC Securities (USA) Inc. |
2:2012cv03571 |
July 18, 2012 |
US District Court for the Eastern District of New York |
Central Islip Office |
E. Thomas Boyle |
Arthur D. Spatt |
Fraud or Truth-In-Lending |
18 U.S.C. ยง 1961 Racketeering (RICO) Act |
Plaintiff |
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Filing 144 MEMORANDUM OF DECISION AND ORDER - the Court denies Winstons request and permits Sorkin and his firm to (1) assist the Plaintiff in obtaining new counsel and (2) provide the Plaintiffs new counsel with all documents or exhibits, including their work product, related to the present case. However, in reaching this decision, the Court does not ignore Winstons concerns regarding the possibility of taint. As such, the Court prohibits Sorkin and his firm from: (1) providing the Plaintiffs new counsel with any documents or exhibits that have anything to do with Sorkins previous representation of Winston at the NASD proceedings or his prior consultation during Winstons criminal investigation; (2) discussing with the Plaintiffs new counsel anything having to do with Sorkins previous representation of Winston at the NASD proceedings or his prior consultation with Winston during Winstons criminal investigation; and (3) providing the Plaintiffs new counsel with any documents or exhibits that ha ve anything to do with the Probation Memo. (4) discussing with the Plaintiffs new counsel anything having to do with the Probation Memo. Lastly, with respect to the Courts November 26, 2012 Order, the Court grants Sorkin permission to file the corrected exhibits to the First Amended Complaint. Ordered by Judge Arthur D. Spatt on 11/29/2012. (Coleman, Laurie) |
Filing 136 MEMORANDUM OF DECISION AND ORDER (REDACTED) - The Court denies Winstons motion to dismiss, but grants his motion to disqualify attorney Ira Lee Sorkin, Esq. The Plaintiff is directed to retain new counsel within 45 days of the date of this Order. Thi s litigation is stayed until the Plaintiff retains new counsel. The Court also prohibits the Plaintiff from using the Probation Memo at the trial or at any other stage of this litigation. Upon receipt of this Order, the Plaintiff, Sorkin and Sorkins firm are directed to immediately return all copies to Winston without retaining any copies. Within five days of the date of this Order, the Plaintiffs Counsel is directed to file an affidavit confirming his, his firms and his clients compliance wit h this Order. For the foregoing reasons, it is hereby: ORDERED, that Winstons motion to disqualify the Plaintiffs counsel, Ira Lee Sorkin, Esq., based on his prior representation of Winston is granted, and it is further ORDERED, that Winstons motion to dismiss based on Sorkins use of privileged materials is denied, and it is further ORDERED, that Winstons motion to disqualify the Plaintiffs counsel, Ira Lee Sorkin, Esq., for using privileged materials is granted, and it is further ORDERED, that the Plaintiff is directed to retain new counsel with 45 days of the date of this Order, and it is further ORDERED, that this litigation is stayed until the Plaintiff retains new counsel, and it is further ORDERED, that the Plaintiff is prohibited fr om using the Probation Memo at trial or at any other stage of this litigation. The Court directs the Plaintiff, Sorkin and Sorkins firm, upon receipt of this Order, to immediately return all copies to Winston without retaining any copies. Within five days of the date of this Order, the Plaintiffs Counsel is directed to file an affidavit confirming his, his firms and his clients compliance with this Order. Ordered by Judge Arthur D. Spatt on 11/26/2012. (Coleman, Laurie) |
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