Khaldei v. Kaspiev
| Anna Efimovna Khaldei |
| Kalman Kaspiev |
| 1:2010cv08328 |
| November 4, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| John F. Keenan |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
236
OPINION & ORDER re: 210 MOTION for Summary Judgment Notice of Motion filed by Anna Efimovna Khaldei: For the foregoing reasons, Plaintiff's motion for possession of the 3,031 negatives currently in the Court's custody an d her request to dismiss Defendant's counterclaim for a share of the Corbis royalties is granted. At the same time, the Court denies Plaintiff's requests for (1) immediate possession of 261 of the impounded photographic prints, (2) damages for the missing Corbis Negatives and for lost licensing revenue, (3) injunctive relief, and (4) an order precluding Defendant from seeking a refund of the $7,500 that he allegedly paid toward a share of the Disputed Prints. Counsel are directed to appear in Courtroom 20-C on November 5, 2015 at 11:45 a.m. for a conference to set a time for trial on all remaining issues. The parties are also directed to engage in good faith settlement negotiations prior to the next conference. (Signed by Judge John F. Keenan on 9/28/2015) (tn)
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Filing
199
OPINION AND ORDER. For the reasons in this Opinion and Order, plaintiff's motion to require defendant to post a bond for costs pursuant to Local Civil Rule 54.2 is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/30/2014) (rjm) (Main Document 199 replaced on 12/30/2014) (rjm).
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Filing
160
MEMORANDUM OPINION & ORDER #104603 re: 150 MOTION for Reconsideration re; 144 Memorandum & Opinion, filed by Anna Efimovna Khaldei. As set forth within, the hearing will not be reopened, no new inferences will be made, no new th eories will be entertained, and no "disputed" exhibits will be admitted. Plaintiff's reconsideration motion is denied, and the June 9, 2014 Opinion stands. Subject to the parties' input at the conference on August 21, 2014, the Co urt believes that the next step in this case is for the parties to finally complete discovery and, if they so choose, renew their summary judgment motions. It is exceedingly unlikely that the Court would rule favorably on Plaintiff's contemplated motion for leave to take an interlocutory appeal. (Signed by Judge John F. Keenan on 8/12/2014) (ajs) Modified on 8/13/2014 (ca).
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Filing
144
OPINION & ORDER #104405: For the foregoing reasons, the New Jersey writ and judgment of replevin cannot be enforced because Plaintiff has failed to demonstrate that service of process was validly effected. Accordingly, summary judgment on Count One of the complaint is entered in favor of Defendant. A conference will be held on Tuesday, June 24, 2014 at 11:00 A.M. in Courtroom 20-C to discuss each party's remaining claims, the status of expert discovery, and the appropriate course of action moving forward. (Signed by Judge John F. Keenan on 6/9/2014) (tn) Modified on 6/10/2014 (ca).
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Filing
126
MEMORANDUM OPINION AND ORDER. The Court has reviewed three letters from Plaintiff's counsel and one letter from Defendant's counsel regarding Plaintiff's application for reconsideration of the Court's December 5, 2013 Opinion. For all of the reasons as stated herein, and because Plaintiff supplies no new support for her position, there is no basis for reconsideration of the prior ruling. See Shrader, 70 F.3d at 257. The motion is denied. Plaintiff's submissions also disc uss whether she should testify at the upcoming evidentiary hearing. The Court expects the essential question at the hearing will be "'whether defendant had actual knowledge of the litigation.'" Khaldei, 2013 WL 6331794, at *6 (quo ting Lapatka Assocs., 2011 WL 2636975, at *2-3)). Counsel may call whoever they wish, but it is not clear to the Court how Plaintiff's testimony would be probative of that question. Accordingly, the hearing will not be adjourned. (Signed by Judge John F. Keenan on 1/13/2014) (rjm)
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Filing
123
OPINION AND ORDER. #103783 For the reasons in this Opinion and Order, the parties' cross-motions regarding the New Jersey default judgment are stayed pending an evidentiary hearing on December 18, 2013 at 11:00 A.M. The Court will be disinclined to adjourn this hearing absent a resolution of the case or another settlement conference with Judge Gorenstein. Plaintiff's application to take possession of the Materials is denied. Defendant's motion for summary judgment as to the Corbis royalty stream is likewise denied, and as further set forth. re: 59 MOTION for Partial Summary Judgment Notice of Motion filed by Anna Efimovna Khaldei, 68 CROSS MOTION for Partial Summary Judgment filed by Kalman Kaspiev. (Signed by Judge John F. Keenan on 12/5/2013) (rjm) Modified on 12/5/2013 (ca).
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Filing
120
OPINION AND ORDER. For the reasons in this Opinion and Order, Plaintiff's objection is overruled and Magistrate Judge Gorenstein's opinion is affirmed in its entirety. At oral argument on October 22, 2013, counsel for the parties indicated their amenability to making another attempt at settlement of this case. If they have not already done so, counsel are directed to contact Judge Gorenstein's chambers to schedule a settlement conference. They are further directed to file a joint letter no later than ten days after the conference, advising this Court of the results. (Signed by Judge John F. Keenan on 11/3/2013). (rjm)
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Filing
111
OPINION & ORDER re: 95 MOTION for Sanctions filed by Anna Efimovna Khaldei. For the foregoing reasons, Khaldei's motion for sanctions for spoliation of evidence and for reinstatement of Point II of her summary judgment motion (Docket # 95) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/7/2013) (rsh)
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| Plaintiff: Anna Efimovna Khaldei | |
| Represented By: | Daniel Joseph Rothstein |
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| Defendant: Kalman Kaspiev | |
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