Tsabary et al v. Harman
| Dr. Shefali Tsabary, Inner Disarmament LLC and Global Inner Disarmament, LLC |
| Greta Harman |
| 2:2023cv00199 |
| January 11, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Minute Entry for Telephone Conference held on 3/2/2023 before Magistrate Judge Steven Tiscione: Catina, Mara for Plaintiff; Harman for Defendant. The Court will hold a settlement conference by Zoom on March 30, 2023 at 2:00 p.m. A link will be sent to the parties prior to the conference. The docket should be amended to include the following email address for Defendant Greta Harman: greta.harman73@gmail.com. (Not Recorded.) (LV) |
| Filing 13 AFFIDAVIT/AFFIRMATION re #12 Scheduling Order,, Affirmation of Service by Global Inner Disarmament, LLC, Shefali Tsabary (Witkowski, Amy) |
Filing 12
SCHEDULING ORDER: An initial conference will be held by phone before the undersigned at 2:30 p.m. on March 2, 2023. All parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. A completed discovery plan worksheet is not necessary at this time. The Court will confer with the parties during the conference and set a schedule for discovery. Counsel for Plaintiffs is directed to immediately forward a copy of this Order to the Defendant via return receipt delivery and file proof of service with the Court. So Ordered by Magistrate Judge Steven Tiscione on 2/2/2023. (LV)
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| Filing 11 Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 1/27/2023. Counsel for all sides present. Motion argued. The Court deems the motion made. Other: For the reasons set forth on the record, motion is denied. The parties are REFERRED to the MJ for a settlement conference. See attached for further details. (FTR Log #2:30-3:00.) (JC) |
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ORDER. In light of the representations made during the 1/27/23 telephonic conference, this case is respectfully referred to the assigned Magistrate Judge for a settlement conference at the court's earliest convenience. The time for all other filings will be held in abeyance. Ordered by Judge Gary R. Brown on 1/27/2023. (MR)
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| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE and DECLARATION of GRETA HARMAN/COASTAL EDUCATIONAL SERVICES GROUP, LLC IN SUPPORT OF DEFENDANT, filed by Greta Harman. (GO) |
| Filing 9 Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 1/23/2023. Counsel for all sides present. Other: Defendant given until 1/27/2023 to retain counsel. Hearing adjourned to 1/27/2023 at 2:00 p.m. See attached for further details. (FTR Log #3:10-3:16.) (JC) |
| Filing 8 AFFIDAVIT of Service for Supplemental Declaration in Support served on Greta Harman on 01/16/2023, filed by Global Inner Disarmament, LLC, Shefali Tsabary. (Witkowski, Amy) |
| Filing 7 AFFIDAVIT of Service for Order to Show Cause with Temporary Restraining Order and Supporting Documents served on Greta Harman on 01/13/2023, filed by Global Inner Disarmament, LLC, Shefali Tsabary. (Witkowski, Amy) |
| Filing 6 DECLARATION re Order to Show Cause,,,,,,,,,, #4 Unsigned Order to Show Cause,,, Supplemental Declaration of Laura M. Catina, Esq. by Global Inner Disarmament, LLC, Shefali Tsabary (Attachments: #1 Exhibit Exhibit A to Supplemental Declaration of Laura M. Catina, Esq.) (Witkowski, Amy) |
| Filing 5 NOTICE of Change of Attorney Name, Firm, Firm Address, Firm Phone/Fax, and Firm Email Once the filing has been made, you must login to www.pacer.gov and update your account. (Witkowski, Amy) |
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ORDER TO SHOW CAUSE Plaintiffs seek a Temporary Restraining Order enjoining defendant from further making or publishing false, defamatory statements about plaintiffs; ordering and directing defendant to remove or delete all disparaging, defamatory, and harmful statements regarding plaintiffs, including, without limitation, the removal and deletion of those posts made to defendant's various social media accounts and platforms, as well as upon any other platform. "The court may issue a temporary restraining order... only if... specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1). See Omnistone Corp. v. Cuomo, 485 F. Supp. 3d 365, 367-68 (E.D.N.Y. 2020) ("[T]he Court must examine whether the movants have demonstrated a threat of irreparable harm that will occur immediately to justify a temporary restraining order, while the temporal context of a preliminary injunction takes a longer view."). "[F]or almost a century the Second Circuit has subscribed to the majority view that, absent extraordinary circumstances, injunctions should not ordinarily issue in defamation cases." Metro. Opera Ass'n, Inc. v. Loc. 100, Hotel Emps. & Rest. Emps. Int'l Union, 239 F.3d 172, 177 (2d Cir. 2001). "[I]njunctions are limited to rights that are without an adequate remedy at law, and because ordinarily libels may be remedied by damages, equity will not enjoin a libel absent extraordinary circumstances." Id. (citing Am. Malting Co. v. Keitel, 209 F. 351, 356 (2d Cir. 1913)). Because defamation is not an irreparable harm absent extraordinary circumstances, the application for a Temporary Restraining Order is DENIED.However, the request is hereby GRANTED to the extent that defendant is hereby ORDERED TO SHOW CAUSE why the preliminary injunction sought by plaintiff should not be entered at a hearing before the undersigned on Monday, January 23, 2023 at 3:00 PM by audio conference. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference. Defendant is directed to file a response to plaintiffs' motion by close of business on January 20, 2023. Plaintiffs' counsel is directed to serve upon defendant by email or other reasonably available means a copy of this order along with the complaint and motion papers in support of plaintiffs' order to show cause. DEFENDANT IS STRONGLY ADVISED TO RETAIN COUNSEL. Ordered by Judge Gary R. Brown on 1/13/2023. (JT)
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| Filing 4 Unsigned Order to Show Cause by Global Inner Disarmament, LLC, Shefali Tsabary (Attachments: #1 Declaration Declaration of Dr. Shefali Tsabary in Support, #2 Memorandum in Support Memorandum of Law of Laura M. Catina and Amy M. Mara in Support, #3 Declaration Declaration of Laura M. Catina in Support, #4 Exhibit Exhibit A to Declaration of Laura M. Catina, #5 Exhibit Exhibit B to Declaration of Laura M. Catina, #6 Exhibit Exhibit C to Declaration of Laura M. Catina, #7 Exhibit Exhibit D to Declaration of Laura M. Catina, #8 Exhibit Exhibit E to Declaration of Laura M. Catina, #9 Exhibit Exhibit F to Declaration of Laura M. Catina, #10 Exhibit Exhibit G to Declaration of Laura M. Catina) (Witkowski, Amy) |
| 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. (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (CL) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16300958 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Shefali Tsabary, Inner Disarmament LLC. (Attachments: #1 Civil Cover Sheet) (Witkowski, Amy) |
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