Gabayzadeh v. Brafman et al
| Mehdi Gabayzadeh |
| Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Robert F. Katzberg, Kaplan & Katzberg, Jennifer A. Liang and Deborah A. Schwartz |
| 1:2009cv04095 |
| April 27, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A Crotty |
| James C Francis |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Other |
| Plaintiff |
Docket Report
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| Document Text |
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| Appeal Record Returned. [6 vols.] Indexed record on Appeal Files for Appeal Record Sent to USCA - File USCA Case Number 11-2598, returned from the U.S. Court of Appeals. (nd) |
| Filing 105 MANDATE of USCA (Certified Copy) as to #100 Notice of Appeal filed by Mehdi Gabayzadeh USCA Case Number 11-2598-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/18/2012. (nd) |
| USCA Appeal Fees received $ 5.00 receipt number 465401010855 on 7/7/2011 re: #100 Notice of Appeal filed by Mehdi Gabayzadeh. (tp) |
| USCA Case Number 11-2598 from the U.S. Court of Appeals, Second Circuit assigned to #100 Notice of Appeal filed by Mehdi Gabayzadeh. (nd) |
| Filing 101 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #100 Notice of Appeal filed by Mehdi Gabayzadeh 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). |
| USCA Appeal Fees received $ 455.00 receipt number 465401009492 on 6/17/2011 re: #100 Notice of Appeal filed by Mehdi Gabayzadeh. (tp) |
| Appeal Record Sent to USCA (File)[6 VOL]. Indexed record on Appeal Files for #100 Notice of Appeal filed by Mehdi Gabayzadeh were transmitted to the U.S. Court of Appeals. (tp) Modified on 6/22/2011 (tp). |
| Transmission of Notice of Appeal to the District Judge re: #100 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #100 Notice of Appeal. (tp) |
| Filing 100 NOTICE OF APPEAL from #98 Order Adopting Report and Recommendations, #99 Clerk's Judgment. Document filed by Mehdi Gabayzadeh. (tp) |
| Appeal Remark as to #100 Notice of Appeal filed by Mehdi Gabayzadeh. $455.00 APPEAL FEE DUE. (tp) |
| Mailed notice of Right to Appeal re: #99 Clerk's Judgment, to Pro Se Litigant(s): Mehdi Gabayzadeh and to Attorney(s) of Record: Andrew Seth Kowlowitz, Anastasios Philip Tonorezos, Paul R McDougal. (jab) |
| Filing 99 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated May 11, 2011, the report is adopted in its entirety; Defendants' motion is granted; and the case is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/13/11) (Attachments: #1 notice of right to appeal)(ml) |
| Transmission to Docket Assistant Clerk. Transmitted re: #99 Clerk's Judgment,, to the Docket Assistant Clerk for case processing. (ml) |
Filing 98
ORDER ADOPTING R&R for 68 Motion to Dismiss filed by Brafman & Ross, P.C., Benjamin Brafman, Jennifer A. Liang, Brafman & Associates, P.C. The Court has considered Plaintiff's additional objections and finds them to be without merit. Having considered Magistrate Judge Francis's and the accompanying objections, Defendant's motion is GRANTED. Accordingly, the case is dismissed with prejudice. The Clerk of Court is directed to enter judgment and close this case. (Signed by Judge Paul A. Crotty on 5/11/2011) Copies Mailed By Chambers. (tro)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #98 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk. (tro) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #97 HAS BEEN REJECTED. Note to Attorney Andrew Seth Kowlowitz: THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) |
| Filing 97 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE in Opposition re: #96 MOTION to stand on his original complaint, to preserve the claims stated therein, and for permission to file a second amended complaint incorporating all of his preserved claims. Document filed by Benjamin Brafman, Brafman & Associates, P.C., Brafman & Ross, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) Modified on 2/28/2011 (db). |
| Filing 96 NOTICE AND APPLICATION to stand on his original complaint, to preserve the claims stated therein, and for permission to file a second amended complaint incorporating all of his preserved claims. Document filed by Mehdi Gabayzadeh.(mro) |
| Filing 95 MEMORANDUM OF LAW supplementing his objections to the R&R, responding to defendants' opposition memorandum, and in support of his application to file a second amended complaint relating back to his original complaint. Document filed by Mehdi Gabayzadeh. (Attachments: #1 part 2)(mro) |
| Filing 94 MEMORANDUM OF LAW in Opposition re: #89 MOTION for Extension of Time. Opposition to Objection to Report & Recommendation. Document filed by Benjamin Brafman, Brafman & Associates, P.C., Brafman & Ross, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) |
| Filing 93 OBJECTION to #86 Report and Recommendations. Document filed by Mehdi Gabayzadeh. (Attachments: #1 Part 2, #2 Part 3)(mbe) |
| Filing 91 MEMO-ENDORSEMENT; granting #89 Motion for Extension of Time. ENDORSEMENT: The time to file Objections to the R&R is extended to Monday, November 29, 2010. There will be no further extensions granted. The pro-se plaintiff's motion (doc #89) to stay will be reviewed together with any objections to the R&R that may be filed. (Signed by Judge Paul A. Crotty on 10/4/10) Copies Mailed By Chambers. (pl) |
| Set/Reset Deadlines as to Objections to R&R due by 11/29/2010 (pl) |
| Filing 90 MOTION for Judge Crotty to lift the Illegal Stay in Docket(s) 82 and 84 in the plaintiff's Motion for Partial Summary Judgment against defendant. Document filed by Mehdi Gabayzadeh.(mro) |
| Filing 89 MOTION for 90 day Second Extension of Time required to file Pro-Se prisoner plaintiff Objection(s) in the June 18, 2010 unjust Report and Recommendation. Document filed by Mehdi Gabayzadeh.(mro) (mro). |
| Filing 88 PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME TO FILE WRITTEN OBJECTIONS. Document filed by Mehdi Gabayzadeh.(mro) |
| Filing 87 MEMO ENDORSEMENT on PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME TO FILE WRITTEN OBJECTIONS. ENDORSEMENT: Objections by 8/20/10. Set Deadlines/Hearing as to (Objections to R&R due by 8/20/2010) (Signed by Judge Paul A. Crotty on 7/1/2010) Copies Mailed By Chambers.(tro) |
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Filing 86
REPORT AND RECOMMENDATION: Based on the reasoning above, I recommend that the defendants' motion to dismiss be granted. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedural, the parties shall have fourteen 914) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of Court, with extra copies delivered to the Chambers of the Honorable Paul A. Crotty, U.S.D.J., room 735, and to the Chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. So Ordered Objections to R&R due by 7/6/2010 (Signed by Magistrate Judge James C. Francis on 6/18/2010) Copies Mailed By Chambers.(js)
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| Filing 85 NOTICE OF CHANGE OF ADDRESS by Andrew Seth Kowlowitz on behalf of Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C.. New Address: Furman Kornfeld & Brennan LLP, 61 Broadway, 26th floor, New York, New York, USA 10006, 212-867-4100. (Kowlowitz, Andrew) |
| Filing 84 Objection to Magistrate Judge James C. Francis denial in the plaintiff's Partial Motion for Summary Judgment. Document filed by Mehdi Gabayzadeh. (mbe) |
| Filing 83 REPLY MEMORANDUM OF LAW in Further Support re: 68 MOTION to Dismiss. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (mro) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Reply Memorandum of Law in Support, Document No. 78. This case is not ECF. (KA) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #79 HAS BEEN REJECTED. Note to Attorney Andrew Seth Kowlowitz : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA) |
| Filing 80 ENDORSED LETTER addressed to Judge Paul A. Crotty from Andrew S. Kowlowitz dated 3/15/2010 re: Requesting that this Court disregard Plaintiff's motion. ENDORSEMENT: The Brafman Defendants need not respond at this time. If I determine that some response beyond the briefs on the motion to dismiss is required, I will advise the parties. (Signed by Magistrate Judge James C. Francis on 3/16/2010) (jpo) |
| Filing 82 MOTION for Partial Summary Judgment. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 79 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION Letter pertaining to Plaintiff's partial motion for summary judgment.. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang.(Kowlowitz, Andrew) Modified on 3/17/2010 (KA). |
| Filing 81 MOTION for Partial Summary Judgment. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 78 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - REPLY MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) Modified on 3/17/2010 (KA). |
| Filing 77 DECLARATION of Mahdi Gabayzadeh in Opposition re: 68 MOTION to Dismiss. Document filed by Mehdi Gabayzadeh. (mbe) |
| Filing 76 MEMORANDUM OF LAW in Opposition re: 68 MOTION to Dismiss the Amended Complaint. Document filed by Mehdi Gabayzadeh. (mbe) |
| Filing 75 Objection by the plaintiff to the 12/14/09 Order of Denial by the Magistrate Judge James C. Francis in Docket 63. Document filed by Mehdi Gabayzadeh. (mro) |
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Filing 74
MEMO ENDORSEMENT on re: 72 Motion for Extension of Time. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 1/4/2010) (jfe)
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Filing 73
Objection to the 12/14/09 Order by Magistrate Judge's Unlawful Denial in Docket (#62). Document filed by Mehdi Gabayzadeh. (mro)
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| Filing 72 MOTION for Extension of Time to file objections to the 12/14/09 Magistrate Judge denial regarding docket numbers 62 and 63.. Document filed by Mehdi Gabayzadeh.(cd) |
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Filing 71
ORDER: (1) Plaintiff's motion to extend time (Docket no. 70) is granted. Plaintiff shall submit answering papers by January 26, 2010. The Brafman defendants shall reply by February 15, 2010. (2) Plaintiff's motion suggests that he has not been served with the Brafman defendants' motion papers (Motion 8). This appears anomalous, given that plaintiff has requested additional time to respond. Nevertheless, to ensure that plaintiff has all relevant documents, a copy of the motion papers are being forwarded to him along with this order. (3) Plaintiff's "Motion to Refile Plaintiff's Objections in the Magistrate Judge 9/29/09 Order Preventing the Filing of the First Amended Complaint That Was Served on Defendants on 8/11/09" (Docket no. 58) is denied as moot. By Order dated September 22, 2009, Judge Crotty identified the operative pleading and provided for its filing. (4) Plaintiff's motion for a default judgment (Docket no. 59) is denied. (5) Plaintiff's motion for declaratory relief (Docket no. 62) is denied. (6) Plaintiff's motion to "correct" the docket (Docket no. 63) is denied. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 12/14/2009) Copies Mailed By Chambers.(tve) Modified on 12/14/2009 (tve).
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| Set/Reset Deadlines as to 68 MOTION to Dismiss. Responses due by 1/26/2010 Replies due by 2/15/2010. (tve) |
| Filing 70 MOTION for a 45 day Extension of Time Allowing the Plaintiff to file his opposition in the Defendant's Motion to Dismiss this Lawsuit. Document filed by Mehdi Gabayzadeh.(tro) |
| Filing 69 MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss the first amended complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (mbe) |
| Filing 68 MOTION to Dismiss the first amended complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang.(mbe) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Memorandum of Law in Support of Motion, Document No. 66. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Motion, Document No. 65. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Affidavit in Support of Motion, Document No. 67. This case is not ECF. (db) |
| Filing 67 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT of Kowlowitz in Support re: #65 MOTION to Dismiss Amended Complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) Modified on 12/1/2009 (db). |
| Filing 66 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Support re: #65 MOTION to Dismiss Amended Complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) Modified on 12/1/2009 (db). |
| Filing 65 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Dismiss Amended Complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) Modified on 12/1/2009 (db). |
| Filing 64 MEMORANDUM OF LAW in Opposition in defendant's November 5, 2009 filing with the Chambers of the Honorable Paul A. Crotty. Document filed by Mehdi Gabayzadeh. (mbe) |
| Filing 63 MOTION to Correct this lawsuit Court Docket Entry System. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 61 Objection in the Magistrate Judge 11/3/2009 Order that Conceals the Judicial Misconduct Disability in this action caused by the Magistrate Judge ongoing with Ben Brafman unjust Consideration. Document filed by Mehdi Gabayzadeh. (mbe) |
| Filing 62 MOTION DECLARATORY RELIEF, 28 U.S.C.2201 AND 28 U.S.C. 2202 UNDER COMPLAINTS OF JUDICIAL MISCONDUCT. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 60 MOTION for Declaratory Judgment (Relief). Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 59 MOTION for Default Judgment as to Defendant Benjamin Brafman by the Court, there after determining the amount of the damages due to the Governments Restitution, with the Constructive Trust Payment to Victim(s) of the Brafman Misconduct. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 58 MOTION TO REFILE PLAINTIFF'S OBJECTIONS IN THE MAGISTRATE JUDGE 9/2/09 ORDER PREVENTING THE FILING OF THE FIRST AMENDED COMPLAINT THAT WAS SERVED ON THE DEFENDANTS ON 8/11/09. Document filed by Mehdi Gabayzadeh.(tro) |
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Filing 57
MEMO ENDORSEMENT on MOTION FOR DECLARATORY RELIEF FROM THE MAGISTRATE JUDGE 10/21/09 ORDER THAT IS IN DIRECT CONFLICT WITH THE U.S. DISTRICT COURT JUDGE, CROTTY UNDER DATE SEPTEMBER 22, 2009. ENDORSEMENT: Application granted insofar as the Brafman Defendants' motion is moot. Application for judgment by default denied in light of the (understandable) confusion as to the operative complaint. The Amended Complaint is now filed as Docket No. 48. Defendants shall review that pleading and answer or move by November 30, 2009. Pending motion (Docket Nos. 44, 45, and 51) have been resolved. (Signed by Magistrate Judge James C. Francis on 11/3/09) (tro)
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| Filing 56 Objections in the 10/6/09 Magistrate Judge Denial of Change of Venue. Document filed by Mehdi Gabayzadeh. (djc) |
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Filing 54
ORDER that plaintiff shall answer the Brafman defendants' motion by 11/10/09, failing which the motion will be decided on the current record. no further extensions will be permitted. any answering papers must be accompanied by an affidavit of service. If plaintiff answers the motion, the Brafman defendants shall reply by 11/20/09. (Signed by Magistrate Judge James C. Francis on 10/21/09) Copies mailed by chambers.(dle)
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Filing 53
STIPULATION AND ORDER OF PARTIAL DISMISSAL: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) Deborah A. Schwartz., Deborah A. Schwartz terminated. (Signed by Judge Paul A. Crotty on 10/20/2009) Copies Mailed By Chambers.(jpo)
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| Filing 55 MOTION for Extension of Time to file objections in the Magistrate Judge Denial of Venue Motion. Document filed by Mehdi Gabayzadeh.(djc) Modified on 11/12/2009 (mov). |
| Filing 52 RESPONSE re: 48 Amended Complaint, seeking clarification of this Court's ruling. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) |
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Filing 49
ORDER, that the motion (by plaintiff to change venue) is denied. (Signed by Magistrate Judge James C. Francis on 10/6/09) Copies sent by chambers.(cd)
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| Filing 48 AMENDED COMPLAINT amending 1 Complaint, against Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang, Deborah A. Schwartz.Document filed by Mehdi Gabayzadeh. Related document: 1 Complaint, filed by Mehdi Gabayzadeh.(Pursuant to chambers' instructions this doc. is the Amended Complaint - See Order doc. #47)(ae) Modified on 8/13/2010 (tro). |
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Filing 47
ORDER Magistrate Judge Francis endorsed this letter on July 14, 2009, as follows set forth in this order; Mr. Gabayzadeh appeals from Magistrate Judge Francis's endorsements of July 14, 2009 and July 16, 2009. Obviously, no appeal is appropriate, and for that reason, the appeal is DENIED. Mr. Gabayzadeh's motion to amend his Complaint is not docketed. Magistrate Judge Francis rejected the motion because it was incomplete, that is to say, the proposed amended pleading was not attached to his motion. Attached as an exhibit to his appeal, however, as Exhibit I, is the proposed amended Complaint, with the exhibits that Plaintiff apparently wants to include in his pleading; The Court directs that the Amended Complaint, dated June 29, 2009, and attached to this appeal as Exhibit I, be filed. To insure that everyone is on the same playing field, copies of this Order and the Amended Complaint will be served on Plaintiff and counsel for all parties. The matter is returned to Magistrate Judge Francis for further proceedings, with all parties permitted to make whatever motions or applications seem appropriate to them, and Magistrate Judge Francis. SO ORDERED (Signed by Judge Paul A. Crotty on 9/22/2009) Copies Mailed By Chambers.(jmi)
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Filing 51
MOTION for Leave to File Amended Complaint that is now filed for a second time under the order by Magistate Judge James C. Francis IV dated September 2, 2009. Document filed by Mehdi Gabayzadeh.(mbe)
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| Filing 50 MOTION to Change Venue. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 46 NOTICE OF APPEARANCE by Paul R. McDougal on behalf of Deborah A. Schwartz (djc) |
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Filing 43
ORDER denying as moot 31 Motion to Dismiss; granting 33 Motion to Withdraw ; granting 34 Motion to Withdraw. Plaintiff's motion to strike the motion to dismiss filed by the Brafman Defendants is denied. Plaintiff shall answer the Brafman Defendants' motion to dismiss by 9/30/2009 and defendants shall reply by 10/15/2009. (Signed by Magistrate Judge James C. Francis on 9/2/2009) Copies Mailed By Chambers.(jar)
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| Set Deadlines/Hearings: Responses due by 9/30/2009. Replies due by 10/15/2009. (jar) |
| Filing 45 MOTION for Order to Show Cause. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 44 MOTION to Strike Defendant Brafman August 19, 2009 Motion to Dismiss the Original Complaint that was filed in bad faith, after Brafman was served with the August 14, 2009 First Amended Complaint by the Plaintiff]. Document filed by Mehdi Gabayzadeh.(mbe) |
| Filing 42 ANSWER of Defendant Deborah A. Schwartz to Complaint of Plaintiff. Document filed by Deborah A. Schwartz.(mro) |
| Filing 104 MEMORANDUM OF LAW in Support of Motion to Dismiss. Document filed by Benjamin Brafman, Brafman & Associates, P.C., Brafman & Ross, P.C., Jennifer A. Liang. (tro) |
| Filing 103 AFFIDAVIT of Andrew S. Kolowitz in Support of Motion to Dismiss. Document filed by Benjamin Brafman, Brafman & Associates, P.C., Brafman & Ross, P.C., Jennifer A. Liang. (tro) *Exhibits 1-3 attached hereto. |
| Filing 102 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying No as Corporate Parent. Document filed by Benjamin Brafman, Brafman & Associates, P.C., Brafman & Ross, P.C., Jennifer A. Liang.(tro) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Motion to Dismiss, Document No. 38. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Memorandum of Law in Support of Motion, Document No. 39. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Affidavit in Support of Motion, Document No. 40. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Andrew Seth Kowlowitz to MANUALLY RE-FILE Document Rule 7.1 Corporate Disclosure Statement, Document No. 41. This case is not ECF. (db) |
| Filing 41 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang.(Kowlowitz, Andrew) Modified on 8/21/2009 (db). |
| Filing 40 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT of Andrew S. Kowlowitz in Support re: #39 FIRST MOTION to Dismiss Complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kowlowitz, Andrew) Modified on 8/21/2009 (db). |
| Filing 39 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - FIRST MOTION to Dismiss Complaint. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. Responses due by 8/20/2009(Kowlowitz, Andrew) Modified on 8/21/2009 (db). |
| Filing 38 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE of Motion to Dismiss. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) Modified on 8/21/2009 (db). |
| Filing 37 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andrew S. Kowlowitz dated 8/18/09 re: We write pursuant to your Honor's Individual Practice Rule 2.C to request a five (5) page increase in the length of the Brafman defendants' memorandum of law in support of its motion to dismiss (i.e., to 30 pages). ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 8/18/09) (rjm) |
| Filing 36 NOTICE of Request for page limitations enlargement re: #22 Endorsed Letter, Set Deadlines,,,,. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) |
| Filing 35 NOTICE OF APPEARANCE by Paul R McDougal on behalf of Deborah A. Schwartz (Attachments: #1 Certificate of Service)(McDougal, Paul) |
| Filing 34 MOTION to Withdraw the defendant Kaplan & Katzberg from this action. Document filed by Mehdi Gabayzadeh.(db) |
| Filing 33 MOTION to Withdraw the Defendant Kaplan & Katzberg from this action wherein, the First amended complaint will be filed in August 2009, whereby, Kaplan & Katzberg are not named in the First amended complaint. Document filed by Mehdi Gabayzadeh.(djc) |
| Filing 32 MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss. Document filed by Robert F. Katzberg, Kaplan & Katzberg. (mro) |
| Filing 31 MOTION to Dismiss the complaint with prejudice pursuant to Rule 12(b)(6) and Rule 9(b) of the FRCP. Document filed by Robert F. Katzberg, Kaplan & Katzberg.(mro) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Anastasios Philip Tonorezos to MANUALLY RE-FILE Document Motion to Dismiss, Document No. 26. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Anastasios Philip Tonorezos to MANUALLY RE-FILE Document Declaration in Support of Motion, Document No. 27. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Anastasios Philip Tonorezos to MANUALLY RE-FILE Document Memorandum in Support of Motion, Document No. 28. This case is not ECF. (db) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robert F. Katzberg, Kaplan & Katzberg.(Tonorezos, Anastasios) |
| Filing 28 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). Document filed by Robert F. Katzberg, Kaplan & Katzberg. (Tonorezos, Anastasios) Modified on 8/3/2009 (db). |
| Filing 27 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Thomas W. Hyland, Esq. in Support re: #26 MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). Document filed by Robert F. Katzberg, Kaplan & Katzberg. (Attachments: #1 Exhibit A 1 of 6, #2 Exhibit A 2 of 6, #3 Exhibit A 3 of 6, #4 Exhibit A 4 of 6, #5 Exhibit A 5 of 6, #6 Exhibit A 6 of 6, #7 Exhibit B)(Tonorezos, Anastasios) Modified on 8/3/2009 (db). |
| Filing 26 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). Document filed by Robert F. Katzberg, Kaplan & Katzberg. Responses due by 8/14/2009 Return Date set for 8/21/2009 at 05:00 PM.(Tonorezos, Anastasios) Modified on 8/3/2009 (db). |
| Filing 24 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Dismiss Pursuant to Fed. R. Civ. P. 9(b) and 12 (b)(6). Document filed by Robert F. Katzberg, Kaplan & Katzberg. Responses due by 8/12/2009 Return Date set for 8/20/2009 at 05:00 PM.(Tonorezos, Anastasios) Modified on 7/30/2009 (kkc). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Anastasios Philip Tonorezos to RE-FILE Document #23 MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). ERROR(S): Supporting Document must be filed separately (i.e. Declaration in Support, Memorandum in Support of Motion (found under Replies, Opposition, and Supporting Documents) and the Rule 7.1 Statement (found under the Event Other Answers) are to be filed individually). ***REMINDER*** - First Re-File the Motion, then file and link any supporting documents. (db) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to Fed. R. Civ. P.9(b) and 12(b)(6). Document filed by Robert F. Katzberg, Kaplan & Katzberg. Responses due by 8/11/2009 Return Date set for 8/19/2009 at 05:00 PM. (Attachments: #1 Memorandum of Law, #2 Rule 7.1, #3 Exhibit A 1 of 6, #4 Exhibit A 2 of 6, #5 Exhibit A 3 of 6, #6 Exhibit A 4 of 6, #7 Exhibit A 5 of 6, #8 Exhibit A 6 of 6, #9 Exhibit B)(Tonorezos, Anastasios) Modified on 7/29/2009 (db). |
| Filing 30 Appeal Of Magistrate Judge Francis IV Opinion Dated 7-14 and 16, 2009. Document filed by Mehdi Gabayzadeh. (rw) |
| Filing 25 APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #20 Endorsed Letter, Set Deadlines, #19 Endorsed Letter, Set Deadlines. Document filed by Mehdi Gabayzadeh. Copies mailed to attorney(s) of record: Furman, Kornfeld & Brennan LLP; and Wilson Elser, Moskowitz Edelman & Dicker LLP. (tp) |
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Filing 22
ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andrew S. Kowlowitz dated 7/16/2009 re: It is respectfully requested that the Brafman Defendants be provided with an extension through 8/20/2009 to file an answer, or alternatively, to move for dismissal of the original complaint. ENDORSEMENT: Application granted. The new date shall apply to all defendants. However, there shall be no further extensions. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/17/2009) (tve)
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Filing 21
ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Deborah A. Schwartz dated 7/14/2009 re: Defendant writes requesting an adjournment to 8/20/2009, to respond. ENDORSEMENT: Application denied. Plaintiff's motion amend has been rejected because failed to a file a proposed amended pleading. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/16/2009) (tve)
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Filing 20
ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Anastasios P. Tonorezos dated 7/15/2009 re: Counsel for defendants writes requesting a thirty day extension of time to answer, appear, or otherwise move, to 8/20/2009. ENDORSEMENT: Application denied without prejudice to renewal if and when plaintiff properly amends his complaint. His "motion to amend " was rejected because it did not include any proposed amended pleadings. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/16/2009) (tve)
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Filing 19
ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Andrew S. Kowlowitz dated 7/13/2009 re: My Finn represents Defendants Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., and Jennifer A. Liang (collectively "Brafman Defendants") in connection with the above-captioned matter. We write pursuant to your Honor's Individual Practice Rule 1.E, to request an extension through August 20, 2009 to file an answer, or alternatively, to move for dismissal of the Amended Complaint under Fed. R. Civ. P. 12. ENDORSEMENT: Application denied without prejudice to renewal if and when the plaintiff properly files and serves an amended complaint. As of now, his original complaint is the operative pleading; The motion he submitted to the Court was rejected because it was not accompanied by any proposed amended complaint. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/14/2009) (jmi)
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Filing 18
ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Deborah A. Schwartz dated 6/25/2009 re: Defendant writes requesting an adjournment until 7/20/2009 to answer or file a motion to dismiss. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 6/29/2009) (tve)
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| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint. Deborah A. Schwartz served on 6/15/2009, answer due 7/6/2009. Service was accepted by Mr. Schwartz. Document filed by Mehdi Gabayzadeh. (dle) |
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Filing 16
MEMORANDUM AND ORDER the plaintiff's motion is denied with leave to renew following commencement of discovery. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 6/16/2009) Copies Mailed By Chambers.(jmi)
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| Filing 15 AFFIDAVIT OF SERVICE. Brafman & Associates, P.C. served on 5/20/2009, answer due 6/9/2009. Service was accepted by S. Correy. Document filed by Mehdi Gabayzadeh. (db) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Jennifer A. Liang served on 5/20/2009, answer due 6/9/2009. Service was accepted by S. Correy. Document filed by Mehdi Gabayzadeh. (db) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Kaplan & Katzberg served on 5/20/2009, answer due 6/9/2009. Service was accepted by S. Correy. Document filed by Mehdi Gabayzadeh. (db) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Robert F. Katzberg served on 5/20/2009, answer due 6/9/2009. Service was accepted by S. Correy. Document filed by Mehdi Gabayzadeh. (db) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Benjamin Brafman served on 5/20/2009, answer due 6/9/2009. Service was accepted by S. Correy. Document filed by Mehdi Gabayzadeh. (db) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Brafman & Ross, P.C. served on 5/20/2009, answer due 6/9/2009. Service was accepted by S. Correy. Document filed by Mehdi Gabayzadeh. (db) |
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Filing 8
ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andrew S. Kowlowitz dated 6/9/2009 re: Brafman Defendants respectfully seek a thirty (30) day extension through July 20, 2009 to respond. ENDORSEMENT: Application granted. SO ORDERED., Benjamin Brafman answer due 7/20/2009; Brafman & Ross, P.C. answer due 7/20/2009; Brafman & Associates, P.C. answer due 7/20/2009. (Signed by Magistrate Judge James C. Francis on 6/10/2009) (jmi)
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| Filing 7 CERTIFICATE OF SERVICE of Notice of Appearance served on All Parties on June 9, 2009. Service was made by Mail. Document filed by Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang. (Kowlowitz, Andrew) |
| Filing 6 NOTICE OF APPEARANCE by Andrew Seth Kowlowitz on behalf of Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Jennifer A. Liang (Kowlowitz, Andrew) |
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Filing 5
ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Anastasios P. Tonorezos dated 6/3/2009 re: Requesting a thirty day extension to answer to July 20, 2009. ENDORSEMENT: Application granted. No conference required prior to making any dispositive motion. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 6/5/2009) (jpo)
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| Filing 9 MOTION to Appoint Counsel. Document filed by Mehdi Gabayzadeh.(djc) |
| Filing 4 MEMO ENDORSEMENT denying 3 Motion to Compel. ENDORSEMENT: Application denied without prejudice to plaintiff serving discovery demands once the complaint has been served, the defendants have answered, and a discovery schedule has been established. (Signed by Magistrate Judge James C. Francis on 6/2/09) (tro) |
| Filing 3 MOTION for a court order preliminarily against the defendants compelling them to provide to Plaintiff an accounting and attorney work product. Document filed by Mehdi Gabayzadeh.(djc) |
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Filing 2
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C> Francis (Signed by Judge Paul A. Crotty on 4/30/09) Copies Mailed By Chambers.(mme) Modified on 5/5/2009 (mme).
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| Filing 1 COMPLAINT against Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Robert F. Katzberg, Kaplan & Katzberg, Jennifer A. Liang, Deborah A. Schwartz. (Filing Fee $ 350.00, Receipt Number 686355)Document filed by Mehdi Gabayzadeh.(ama) (Additional attachment(s) added on 5/26/2010: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (ama). |
| SUMMONS ISSUED as to Benjamin Brafman, Brafman & Ross, P.C., Brafman & Associates, P.C., Robert F. Katzberg, Kaplan & Katzberg, Jennifer A. Liang, Deborah A. Schwartz. (ama) |
| Magistrate Judge James C. Francis IV is so designated. (ama) |
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