Meghani et al v. Diamond City Corp. I et al
| Feroz Meghani and Alex Malik |
| Mohammed Jamal Safa, Imad Jamal Safa, Mark Safa, New Diamond City in the Bronx Inc., Mohammed "Mark& Jamal Safa, Exotic Diamond Jewelers of Philadelphia LLC, Exotic Diamond Jewelers, Inc., Jamal Safa, Diamond City Corp. I, Gold City, Imad Safa and J. Safa |
| 1:2009cv07039 |
| August 10, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alvin K Hellerstein |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| None |
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| Filing 73 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/10/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 72 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/10/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2013. Redacted Transcript Deadline set for 2/14/2013. Release of Transcript Restriction set for 4/15/2013.(Rodriguez, Somari) |
| Filing 71 SATISFACTION OF JUDGMENT re: #27 Default Judgment #10,1287, entered In favor of Feroz Meghani Against Imad Jamal Safa, In favor of Alex Malik Against Imad Safa, In favor of Feroz Meghani Against Imad Safa, In favor of Alex Malik Against Imad Jamal Safa, In favor of Alex Malik Against Jamal Safa, In favor of Feroz Meghani Against Mohammed Jamal Safa, In favor of Feroz Meghani Against Jamal Safa, In favor of Alex Malik Against Mohammed Jamal Safa in the amount of $246.983.03, plus interest from July 27, 2010 with costs to be taxed, and costs in the amount of$560.00 having been taxed on July 27, 2010.. Document filed by Alex Malik, Feroz Meghani.(mro) |
Filing 70
MEMO ENDORSEMENT ON NOTICE OF MOTION FOR RECONSIDERATION: ENDORSEMENT: The motion is denied. See my Order of 7/20/10, denying the motion. So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/27/2012) (djc)
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Filing 69
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Ariel Berschadsky dated 7/27/2012 re: Mohammed and Imad Safa, two of the defendants in the above- referenced matter, have been unable to post the $300,000 bond specified in the Order dated July 10, 2012. Since the deadline of July 24, 2012 has passed, it is understood that the default judgment will not be vacated. Although I am still prepared to appear on August 17, 2012 for the previously scheduled conference, it would seem that such a conference is now unnecessary. ENDORSEMENT: Having denied defendants' motion to reconsider my refusal to vacate the default judgment entered against def'ts, the status conf. set for 8/17/12 is canceled. (Signed by Judge Alvin K. Hellerstein on 8/5/2012) (lmb)
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Filing 68
ENDORSED LETTER addressed to Honorable Ruby J. Krajick, Clerk from Robert J. Mackay dated 7/13/2012 re: Enclosed for processing, please find a Third Amended Complaint as Ordered by Judge Hellerstein on July 1 0, 2012. I have added two parties, however am not requesting Summons at this time as the Defendants must post a bond prior to the current Default being set aside. ENDORSEMENT: The Third Amended Complaint is not to be filed unless a bond of satisfying in amount, First is filed. (Signed by Judge Alvin K. Hellerstein on 7/20/2012) (ama) Modified on 7/27/2012 (ama).
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Filing 67
ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION denying #64 Motion for Reconsideration. I decided at oral argument that I would vacate the default judgment only on the condition that the Defendants post a $300,000 bond. See Powerserve Int'l, Inc. v. Lavi, 239 F.3d 508, 515 (2d Cir. 2001). That condition remains. (Signed by Judge Alvin K. Hellerstein on 7/20/2012) (cd)
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| Filing 66 AFFIRMATION of Ariel Berschadsky in Support re: #64 FIRST MOTION for Reconsideration re; Set/Reset Hearings, Set/Reset Deadlines.. Document filed by Imad Safa, Imad Jamal Safa(Individually), Imad Jamal Safa(collectively), Imad Jamal Safa, Mohammed Jamal Safa, Mohammed "Mark& Jamal Safa. (Berschadsky, Ariel) |
| Filing 65 FIRST MEMORANDUM OF LAW in Support re: #64 FIRST MOTION for Reconsideration re; Set/Reset Hearings, Set/Reset Deadlines.. Document filed by Imad Safa, Imad Jamal Safa(Individually), Imad Jamal Safa(collectively), Imad Jamal Safa, Mohammed Jamal Safa, Mohammed "Mark& Jamal Safa. (Berschadsky, Ariel) |
| Filing 64 FIRST MOTION for Reconsideration re; Set/Reset Hearings, Set/Reset Deadlines. Document filed by Imad Safa, Imad Jamal Safa(Individually), Imad Jamal Safa(collectively), Imad Jamal Safa, Mohammed Jamal Safa, Mohammed "Mark& Jamal Safa. Return Date set for 8/17/2012 at 10:00 AM.(Berschadsky, Ariel) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ariel Berschadsky to RE-FILE Document #61 FIRST MOTION for Reconsideration re; Set/Reset Hearings, Set/Reset Deadlines. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ariel Berschadsky to RE-FILE Document #63 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi) |
| Filing 63 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Support re: #61 FIRST MOTION for Reconsideration re; Set/Reset Hearings, Set/Reset Deadlines.. Document filed by Imad Safa, Imad Jamal Safa(Individually), Imad Jamal Safa(collectively), Imad Jamal Safa, Mohammed Jamal Safa, Mohammed "Mark& Jamal Safa. (Berschadsky, Ariel) Modified on 7/20/2012 (ldi). |
| Filing 62 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Reconsideration. Document filed by Imad Safa, Imad Jamal Safa(Individually), Imad Jamal Safa(collectively), Imad Jamal Safa, Mohammed Jamal Safa, Mohammed "Mark& Jamal Safa. Return Date set for 8/17/2012 at 10:00 AM.(Berschadsky, Ariel) Modified on 7/20/2012 (ldi). |
| Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Reconsideration re; Set/Reset Hearings, Set/Reset Deadlines. Document filed by Imad Safa, Imad Jamal Safa(Individually), Imad Jamal Safa(collectively), Imad Jamal Safa, Mohammed Jamal Safa, Mohammed "Mark& Jamal Safa. Return Date set for 8/17/2012 at 10:00 AM. (Attachments: #1 Affidavit Affirmation of Ariel Berschadsky in Support of Motion to Reconsider)(Berschadsky, Ariel) Modified on 7/20/2012 (ldi). |
| Filing 60 THIRD AMENDED COMPLAINT amending #13 Amended Complaint, against Mohammed "Mark" Jamal Safa, Imad Jamal Safa, Exotic Diamond Jewelers of Philadelphia LLC, Exotic Diamond Jewelers, Inc. Document filed by Alex Malik, Feroz Meghani. Related document: #13 Amended Complaint, filed by Alex Malik, Feroz Meghani.(lmb) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Robert J. Mackay for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 60 Third Amended Complaint to: caseopenings@nysd.uscourts.gov. (lmb) |
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Filing 59
ORDER CONDITIONALLY GRANTING DEFENDANTS' MOTION TO VACATE THE DEFAULT JUDGMENT: Defendants Mohammed Safa and Imad Safa ("Defendants") have moved under Rule 60(b), Fed. R. Civ. P., to set aside a default judgment issued by this Court against them on July 28, 2010. Oral argument was held on July 10, 2012. The following rulings were made at the argument: 1. Plaintiffs shall file by July 13, 2012 a third amended complaint that includes Mohammed Safa and Imad Safa as Defendants in the caption. 2. If Defendants post a bond in the amount of $300,000 by July 24, 2012, in form and substance satisfactory to the Court, the default judgment then will be vacated. 3. Defendants shall have until August 2, 2012 to answer the third amended complaint. 4. Both parties' attorneys shall appear for a conference on August 17, 2012 at 10:00a.m. in Courtroom 14D. (Signed by Judge Alvin K. Hellerstein on 7/10/2012) (djc)
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| Set/Reset Hearings: Status Conference set for 8/17/2012 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. Set/Reset Deadlines: (Amended Pleadings due by 7/13/2012, Bond due by 7/24/2012. (djc) |
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Filing 58
ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones, Courtroom Deputy dated 6/13/2012 re: You are hereby notified that you are required to appear for an oral argument. Date: 7/10/12, Time: 11:00a.m. Place: U.S. Courthouse-Southern District of New York 500 Pearl Street Courtroom 14D New York, New York 10007. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/13/2012) (pl)
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| Filing 57 REPLY AFFIRMATION of Ariel Berschadsky in Support re: #32 Order to Show Cause,,,,,. Document filed by Imad Jamal Safa, Mohammed Jamal Safa. (Berschadsky, Ariel) |
| Filing 56 REPLY MEMORANDUM OF LAW in Support re: #32 Order to Show Cause,,,,,. Document filed by Imad Jamal Safa, Mohammed Jamal Safa. (Berschadsky, Ariel) |
| Filing 55 REPLY AFFIRMATION of Ariel Berschadsky in Support re: #33 MOTION to Vacate Default Judgment.. Document filed by Imad Jamal Safa, Mohammed Jamal Safa. (Berschadsky, Ariel) |
| Filing 54 BRIEF re: #32 Order to Show Cause,,,,, Reply Brief in Further Support. Document filed by Imad Jamal Safa, Mohammed Jamal Safa.(Berschadsky, Ariel) |
| Filing 53 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Ariel Berschadsky dated 5/17/2012 re: Request for adjournments as further specified in this letter. ENDORSEMENT: The time to file reply papers is enlarged. The date for oral argument is canceled and will be re-scheduled. (Replies due by 6/1/2012.) (Signed by Judge Alvin K. Hellerstein on 5/17/2012) (rjm) |
| Filing 52 MEMORANDUM OF LAW in Opposition re: #32 Order to Show Cause,,,,,. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) |
| Filing 51 AFFIDAVIT of Gregory Boone in Opposition re: #32 Order to Show Cause,,,,,. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) |
| Filing 50 AFFIDAVIT of Robert J. Mackay in Opposition re: #32 Order to Show Cause,,,,,. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) |
| Filing 49 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert J. Mackay dated 5/15/2012 re: Counsel writes to inform the Court that the parties have agreed that the hearing currently scheduled for 2:30 p.m. on 5/23/12 needs to be an evidentiary hearing. ENDORSEMENT: We shall proceed with argument and, to the extent necessary, an evidentiary hearing at the date, time and place scheduled. (Signed by Judge Alvin K. Hellerstein on 5/16/2012) (jfe) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Robert John MacKay to RE-FILE Document #38 Affidavit in Opposition to Motion, #39 Affidavit in Opposition to Motion. Use the event type Affidavit in Opposition (non-motion) found under the event list Other Answers. Re-File and link to document #32 Order To Show Cause. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Robert John MacKay. Document Nos. #40 , #41 , #42 , #43 , #44 , #45 , #46 , #47 , #48 are Exhibits. These documents are NOT filed via ECF. Exhibits are ONLY filed as attachments to a supporting/opposing document such as an Affidavit or Declaration. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Robert John MacKay to RE-FILE Document #37 Memorandum of Law in Opposition to Motion. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. Re-File and link to document #32 Order To Show Cause. (ldi) |
| Filing 48 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay.Ex11f in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 47 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay.Ex11e in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 46 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay.Ex11d in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 45 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay Ex11c in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 44 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay.Ex11b in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 43 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay Ex11a in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 42 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay Ex-9-10 in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 41 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay Exhibits 5-8 in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 40 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT of Robert J. Mackay Exhibits 1-4 in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 39 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Robert J. Mackay in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 38 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Gregory Boone in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 37 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: #33 MOTION to Vacate Default Judgment.. Document filed by Alex Malik, Feroz Meghani. (MacKay, Robert) Modified on 5/17/2012 (ldi). |
| Filing 36 AFFIDAVIT OF SERVICE of Order to Show Cause; Affidavit in Support; Memorandum of Law served on Robert J. Mackay on 05/03/2012. Service was made by Mail. Document filed by Imad Safa, Imad Jamal Safa, Mohammed Jamal Safa. (Berschadsky, Ariel) |
| Filing 35 BRIEF re: #32 Order to Show Cause,,,,,. Document filed by Imad Safa, Imad Jamal Safa, Mohammed Jamal Safa.(Berschadsky, Ariel) |
| Filing 34 AFFIDAVIT of Ariel Berschadsky in Support re: #32 Order to Show Cause,,,,,. Document filed by Imad Safa, Imad Jamal Safa, Mohammed Jamal Safa. (Berschadsky, Ariel) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Ariel Berschadsky. Document No. #33 Order. This document is not filed via ECF. Orders are filed by the Court internally. This Order has already been entered as the #32 Order. The attached documents in support of this order may be filed (individually) using the events found under the Event Type - Other Answers. (db) |
| Filing 33 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Vacate Default Judgment. Document filed by Imad Safa, Imad Jamal Safa, Mohammed Jamal Safa. Return Date set for 5/23/2012 at 02:30 PM. (Attachments: #1 Affidavit Affirmation In Support Of Motion to Vacate Default Judgment, #2 Memorandum of Law In Support of Motion to Vacate Default Judgment, #3 Affidavit Affirmation of Service)(Berschadsky, Ariel) Modified on 5/4/2012 (db). |
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Filing 32
ORDER TO SHOW CAUSE TO VACATE DEFAULT JUDGMENT: ORDERED that Plaintiffs or Plaintiffs' attorneys show cause at the United States District Court, Southern District of New York, located at 500 Pearl Street, Room 14D, New York, New York on 23 day, May 2012 at 2:30 p.m., or as soon thereafter as counsel may be heard, why an Order should not be made: VACATING the Default Judgment dated July 27, 2010 and all restraining notices, if any; restoring the case to the calendar, and granting defendants Mohammed Jamal Safa and Imad Jamal Safa sufficient time to answer the Second Amended Complaint; and/or granting such other and further relief as may be just. ORDERED that Defendants Mohammed Jamal Safa and Imad Jamal Safa serve, via overnight mail, a copy of this Order, the application for an order to show cause, and all accompanying documents upon Plaintiffs' attorneys, Robert J. Mackay & Associates, P.O. Box 1601, Missouri City, TX 77459 by noon on May 4, 2012. Opposition papers by May 15, 2012; Reply papers by May 18, 2012. Show Cause Hearing set for 5/23/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. Show Cause Response due by 5/15/2012. (Signed by Judge Alvin K. Hellerstein on 5/3/2012) (mro)
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| Filing 31 NOTICE OF APPEARANCE by Ariel Berschadsky on behalf of Imad Safa, Imad Jamal Safa, Mohammed Jamal Safa (Berschadsky, Ariel) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Robert John MacKay to E-MAIL Document No. #30 Default Judgment to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 30 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Default Judgment as to. Document filed by Alex Malik, Feroz Meghani. (Attachments: #1 Supplement Clerk's Certificate)(MacKay, Robert) Modified on 7/30/2010 (db). |
| Filing 29 STATEMENT OF DAMAGES. Document filed by Alex Malik, Feroz Meghani.(MacKay, Robert) |
| Filing 28 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AMENDED MOTION for Default Judgment as to. Document filed by Alex Malik, Feroz Meghani. (Attachments: #1 Affidavit)(MacKay, Robert) Modified on 7/30/2010 (db). |
| Filing 27 DEFAULT JUDGMENT # 10,1287 in favor of Alex Malik, and Feroz Meghani against Imad Safa, Imad Jamal Safa, Mohammed "Mark" Jamal Safa, and Diamond City Jewelry, in the amount of $ 246,983.03. (Signed by Judge Alvin K. Hellerstein on 7/27/10) (Attachments: #1 notice of right to appeal)(ml) |
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Filing 26
ORDER: Attorney Stephen V. Pipenger, of Steve Pipenger, P.C., counsel for defendant New Diamond City in the Bronx, Inc., has moved for leave to withdraw, indicating that he has been terminated by defendant. Before deciding the motion, and in light of the general absence of progress in the case, I will hold a status conference at which all counsel, including Mr. Pipenger, as well as all parties in the case, must attend. The conference will be on July 30, 2010, at 10 a.m., in Courtroom 14D. (Signed by Judge Alvin K. Hellerstein on 7/15/2010) (jfe)
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Filing 25
MEMO ENDORSEMENT on re: #24 Motion to Withdraw as Attorney. ENDORSEMENT: Motion denied. Since the attorney seeking withdrawal is also President of defendant corporation, the supporting affidavit must show that withdrawal will not result in delay or hindrance. So Ordered. (Signed by Judge Alvin K. Hellerstein on 7/14/2010) (jfe)
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| Filing 24 FIRST MOTION for Steve Pipenger, P.C. to Withdraw as Attorney. Document filed by New Diamond City in the Bronx Inc.. Return Date set for 7/14/2010 at 10:00 AM. (Attachments: #1 Exhibit Attorney Affirmation, #2 Exhibit Proposed Order)(Pipenger, Stephen) |
| Filing 23 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Steve Pipenger dated 6/6/10 re: counsel Steve Pipenger, P.C. has been terminated as counsel and, therefore, asks that it be removed as counsel of record for New Diamond. In addition, I ask that the Court stay any actions against New Diamond for a period of 30 days to allow it to retain new counsel. ENDORSEMENT: The motion for a stay is denied. (Signed by Judge Alvin K. Hellerstein on 6/17/10) (pl) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen V. Pipenger to RE-FILE Document #22 FIRST MOTION for Stephen V. Pipenger, II to Withdraw as Attorney (Terminated). Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - MOTION WAS NOT FILED. First File a Motion to Withdraw as Attorney, then file and link any supporting documents found under the Event Type Replies, Opposition and Supporting documents. (db) |
| Filing 22 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Stephen V. Pipenger, II to Withdraw as Attorney (Terminated). Document filed by New Diamond City in the Bronx Inc. (Pipenger, Stephen) Modified on 6/1/2010 (db). |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #21 HAS BEEN REJECTED. Note to Attorney Stephen V. Pipenger: 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 21 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Stephen V. Pipenger, II to Withdraw as Attorney (Terminated). Document filed by New Diamond City in the Bronx Inc. (Pipenger, Stephen) Modified on 5/25/2010 (db). |
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Filing 20
STIPULATION AND ORDER. Plaintiffs are granted leave to amend the Second Amended Complaint to change the caption to reflect all parties to the action. The case is reinstated as and to New Diamond City in the Bronx, Inc. Mohammed "Mark" Jamal Safa and Imad Safa are added as parties. (Signed by Judge Alvin K. Hellerstein on 4/23/10) (djc)
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Filing 19
MEMO ENDORSEMENT on re: granting #17 Motion to Amend/Correct #13 Amended Complaint. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/26/2010) (jfe)
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| Filing 18 STIPULATION FOR LEAVE TO AMEND AND REINSTATE TERMINATED DEFENDANT: It is hereby Stipulated and agreed that Plaintiffs are granted leave to amend the Second Amended Complaint to change the caption to reflect all parties to the action. The case is reinstated as and to New Diamond City in the Bronx, Inc. Mohammed "Mark" Jamal Safa and Imad Safa are added as parties. (Signed by Judge Alvin K. Hellerstein on 3/26/2010) (jfe) |
| Filing 17 MOTION to Amend/Correct #13 Amended Complaint,. Document filed by Feroz Meghani, New Diamond City in the Bronx Inc., Alex Malik. (Attachments: #1 Text of Proposed Order Stipulation for Leave to Amend Reinstate Terminated Defendant)(MacKay, Robert) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Mohammed Jamal Safa served on 1/22/2010, answer due 2/16/2010. Service was accepted by Mohammed Safa. Document filed by Feroz Meghani; Alex Malik. (MacKay, Robert) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Jamal Safa(Individually) served on 1/22/2010, answer due 2/16/2010. Service was accepted by Mark Safa. Service was made by Mail. Document filed by Feroz Meghani; Alex Malik. (MacKay, Robert) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Imad Jamal Safa served on 1/22/2010, answer due 2/16/2010. Service was accepted by Imad Safa. Document filed by Feroz Meghani; Alex Malik. (MacKay, Robert) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Pretrial Conference held on 1/29/2010. (mro) |
| Filing 13 SECOND AMENDED COMPLAINT amending #5 Amended Complaint against Gold City, Diamond City Corp. I, Jamal Safa(Individually), Jamal Safa(collectively).Document filed by Feroz Meghani, Alex Malik. Related document: #5 Amended Complaint filed by Alex Malik, Feroz Meghani.(ama) |
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Filing 12
STIPULATION FOR LEAVE TO AMEND AND EXTEND TIME FOR SERVICE: NOW THEREFORE IT IS STIPULATED between the undersigned counsel for Plaintiffs and NDC as follows:1.) Plaintiffs are granted leave to amend their Complaint to include additional defendants. 2.) Plaintiffs have an additional ninety (90) days from the date this stipulation is approved by the Court to achieve service on Safa. So Ordered (Signed by Judge Alvin K. Hellerstein on 12/17/09) (js)
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| Filing 11 FIRST MOTION to Add Party(ies) Alex Malik Feroz Meghani New Diamond City in the Bronx Inc.. Document filed by Feroz Meghani, New Diamond City in the Bronx Inc., Alex Malik. (Attachments: #1 Text of Proposed Order Stipulation)(MacKay, Robert) |
| Filing 10 FIRST MOTION for Extension of Time to serve Safa. Document filed by Feroz Meghani, Alex Malik. Return Date set for 12/30/2009 at 10:00 AM. (Attachments: #1 Exhibit Exhits A-C, #2 Text of Proposed Order)(MacKay, Robert) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Pretrial Conference held on 12/4/2009. Status Conference set for 1/29/2010 at 10:00 AM before Judge Alvin K. Hellerstein. (tro) |
| Filing 9 ANSWER to Complaint. Document filed by New Diamond City in the Bronx Inc..(Pipenger, Stephen) |
| Filing 8 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New Diamond City in the Bronx Inc..(Pipenger, Stephen) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. New Diamond City in the Bronx Inc. served on 10/23/2009, answer due 11/12/2009. Service was accepted by Chad Matice SOS Clerk. Document filed by Feroz Meghani; Alex Malik. (MacKay, Robert) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Diamond City Corp. I served on 10/23/2009, answer due 11/12/2009. Service was accepted by Chad Matice/SOS Clerk. Document filed by Feroz Meghani; Alex Malik. (MacKay, Robert) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Robert John MacKay for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #5 Amended Complaint to: case_openings@nysd.uscourts.gov. (rdz) |
| Filing 5 AMENDED COMPLAINT amending #1 Complaint against Diamond City Corp. I, Jamal Safa(Individually), Jamal Safa(collectively).Document filed by Feroz Meghani, Alex Malik. Related document: #1 Complaint filed by Alex Malik, Feroz Meghani.(rdz) (ama). |
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Filing 4
ORDER denying #3 Ex Parte Motion for Writ of Attachment as to Defendants.. (Signed by Judge Alvin K. Hellerstein on 8/28/09) (djc)
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| Filing 3 MOTION for Writ of Attachment as to Jamal Safa etal. Document filed by Feroz Meghani, Alex Malik. (Attachments: #1 Affidavit Exhibit, #2 Exhibit UCC1, #3 Affidavit Affidavit of Emergency, #4 Text of Proposed Order)(MacKay, Robert) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Feroz Meghani, Alex Malik.(mro) (mro). |
| Filing 1 COMPLAINT against Diamond City Corp. I, Jamal Safa(Individually), Jamal Safa(collectively). (Filing Fee $ 350.00, Receipt Number 696841)Document filed by Feroz Meghani, Alex Malik.(mro) (mro). |
| SUMMONS ISSUED as to Diamond City Corp. I, Jamal Safa(Individually), Jamal Safa(collectively). (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge Henry B. Pitman is so designated. (mro) |
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