Egiazaryan v. Zalmayev
Plaintiff: Ashot Egiazaryan
Defendant: Peter Zalmayev
Petitioner: Clear Voice Inc.
Interested Party: Rinat Akhmetshin
Case Number: 1:2011cv02670
Filed: April 19, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: P Kevin Castel
Referring Judge: Gabriel W Gorenstein
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 pi
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 18, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2017 Filing 261 SEALED MATERIALS DISPOSED: Document(s) 149, 157, 198 and 205 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 09/18/2017.(mps)
September 18, 2017 Filing 260 SEALED MATERIALS DISPOSED: Document(s) 145 and 234 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 09/18/2017.(mps)
August 16, 2017 Filing 259 SEALED MATERIALS RETRIEVED: Document(s) 143, 156, 204 and 225 were retrieved on 08/16/2017.(mps)
August 16, 2017 Filing 258 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 145 and 234 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 9/15/2017. (mps)
August 16, 2017 Filing 257 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 149, 157, 198 and 205 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 9/15/2017. (mps)
August 16, 2017 Filing 256 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 143, 156, 204 and 225 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 9/15/2017. (mps)
March 24, 2014 Filing 255 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated March 19, 2014, the Court having considered each of Zalmayev's objection to the R & R, because no reasonable factfinder could find that Egiazaryan's claims lacked a substantial basis in law and fact of a substantial argument for the extension, modification or reversal of existing law, the Court adopts the conclusion of the R & R that Egianzaryan's motion for summary judgment should be and hereby is granted, and that Zalmayev's motion for summary judgment is denied; the reasoning of the R & R is modified and expanded only insofar as inconsistent with the Memorandum and Order, dated March 19, 2014; final judgment is hereby entered, all claims of all parties are dismissed, all motions are terminated, and the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/24/2014) (Attachments: #1 Notice of Right to Appeal)(dt)
March 24, 2014 Terminate Transcript Deadlines (dt)
March 19, 2014 Opinion or Order Filing 254 MEMORANDUM AND ORDER ADOPTING IN PART AND MODIFYING REPORT AND RECOMMENDATION for #249 Report and Recommendations, #221 Motion for Summary Judgment filed by Ashot Egiazaryan, #229 Motion for Summary Judgment filed by Peter Zalmayev: The Court has considered each of Zalmayev's objections to the R & R. Because no reasonable factfinder could find that Egiazaryan's claims lacked a substantial basis in law and fact or a substantial argument for the extension, modification or reversal of existing law, the Court adopts the conclusion of the R & R that Egiazaryan's motion for summary judgment should be and hereby is GRANTED, and that Zalmayev's motion for summary judgment should be and hereby is DENIED. The reasoning of the R & R is modified and expanded only insofar as inconsistent with this Memorandum and Order. The Clerk shall enter final judgment dismissing all claims of all parties. The case is closed. All motions are terminated. (Signed by Judge P. Kevin Castel on 3/19/2014) (tn)
March 19, 2014 Transmission to Judgments and Orders Clerk. Transmitted re: #254 Memorandum and Order Adopting in Part and Modifying Report and Recommendation, to the Judgments and Orders Clerk. (tn)
January 9, 2014 Filing 253 DECLARATION of Jason T. Cohen in Opposition re: #250 Appeal of Magistrate Judge Decision to District Court,. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Shehigian, Grant)
January 9, 2014 Filing 252 MEMORANDUM OF LAW in Opposition re: #250 Appeal of Magistrate Judge Decision to District Court, Recommending the Dismissal of the Anti-SLAPP Counterclaim. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
December 26, 2013 Filing 251 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #250 Appeal of Magistrate Judge Decision to District Court,. CERTIFICATE OF SERVICE (Golden, James)
December 26, 2013 Filing 250 APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #249 Report and Recommendations,,,,,. Document filed by Peter Zalmayev. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Jason T. Cohen, Mark C. Zauderer, Grant A. Shehigian. (Golden, James)
December 11, 2013 Filing 249 REPORT AND RECOMMENDATIONS re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim filed by Ashot Egiazaryan, #229 CROSS MOTION for Summary Judgment filed by Peter Zalmayev. For the foregoing reasons, Egiazaryans motion for summary judgment (Docket # 221) should be granted, Zalmayevs cross-motion for summary judgment (Docket # 229) should be denied, and the anti-SLAPP counterclaim should be dismissed. Pursuant to 28 U.S.C 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure the parties have fourteen (14) days including weekends and holidays from service of this Report and Recommendation to serve and file any objections. See also Fed. R. Civ. P. 6(a),(b),(d). Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with copies sent to the Hon. P. Kevin Castel, and to the undersigned, at 500 Pearl Street, New York, New York 10007. Any request for an extension of time to file objections must be directed to Judge Castel. If a party fails to file timely objections, that party will not be permitted to raise an objections to this Report and Recommendation on appeal. Objections to R&R due by 12/30/2013 (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2013) (rsh)
November 11, 2013 Filing 248 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Mark C. Zauderer, counsel for Ashot Egiazaryan, dated November 11, 2013 re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment.. Document filed by Ashot Egiazaryan. (Attachments: #1 Appendix A)(Shehigian, Grant)
November 11, 2013 Filing 247 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from James Golden attorney for Peter Zalmayev dated 11/11/2013 re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment.. Document filed by Peter Zalmayev. (Golden, James)
November 4, 2013 Opinion or Order Filing 246 ORDER: The Court seeks briefing on the following questions. 1. Assuming arguendo that the "without a substantial basis in fact and law" standard contained in N.Y. Civ. Rights Law 70-a(1)(a) is a higher standard than what is required to prevail on a motion to dismiss, can defendant still prevail on his anti-SLAPP counterclaim without also demonstrating that the underlying suit "could not be supported by a substantial argument for the extension, modification or reversal of existing law" N.Y. Civ. Rights Law 70-a(1)(a). 2. Assuming, arguendo, the answer to question 1 is "no," has defendant made the required additional demonstration in this case? Each party is invited to file a letter addressing these issues on or before November 11, 2013. A courtesy copy should be sent to the Court by regular mail or fax. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/4/2013) (rsh)
October 22, 2013 Filing 245 NOTICE of Supplement to Exhibit 4 re: #224 Declaration in Support of Motion,,,,. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
October 22, 2013 Filing 244 NOTICE of Supplement to Exhibit 2 re: #224 Declaration in Support of Motion,,,,. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
October 16, 2013 Filing 243 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Mark C. Zauderer, counsel for Ashot Egiazaryan, dated October 16, 2013 re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1)(Shehigian, Grant)
October 16, 2013 Filing 242 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from James Golden attorney for Peter Zalmayev dated 10/16/2013 re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment.. Document filed by Peter Zalmayev. (Golden, James)
October 8, 2013 Opinion or Order Filing 241 ORDER: As part of its consideration of the summary judgment motions, the Court would find it helpful to have the parties send letter briefs on the issue of whether N.Y. C.P.L.R. 3211 (g) and 3212(h) provide guidance on the construction of the term "without a substantial basis in fact and law" contained in N.Y. Civ. Rights Law 70-a. As has been noted in other contexts, the term "substantial" is susceptible of two "contrary connotations." Pierce v. Underwood, 487 U.S. 552, 564 (1988) (noting that the word may mean"[c]onsiderable in amount, value, or the like; large" or merely substantial "in substance or in the main"). Here, the plaintiff argues that the N.Y. Civ. Rights Law 70-a standard is equivalent to a "frivolous" standard. The Court notes that the issue being raised is unrelated to the Erie doctrine or the question of whether Judge Castel applied or should have applied the section 3211 (g) standard in issuing his decisions granting the defendant's motions to dismiss. Rather, the Court seeks the parties' views on whether, given that sections 3211(g) and 3212(h) were enacted as part of New York's "anti-SLAPP" legislation, and that they supplant the usual standards governing a motion to dismiss or a motion for summary judgment, see N.Y. C.P.L.R. 3211(a)(7) and 3212(a), the "substantial basis" standard in N.Y. Civ. Rights Law 70-a is ipso facto a more stringent standard than the motion to dismiss standard in section 3211(a)(7), as has been specifically stated in case law. See Yeshiva Chofetz Chaim Radin, Inc. v. Village of New Hempstead, 98 F. Supp. 2d 347, 359 (S.D.N.Y. 2000) (the anti-SLAPP legislation "make it easier for defendants in SLAPP suits to win motions to dismiss or for summary judgment under CPLR Rules 3211 and 3212."); Hariri v. Amper, 51 A.D.3d 146, 150 (1st Dep't 2008) ("the legislature... amended New York's Civil Practice Law and Rules in order to impose upon plaintiffs, in actions involving public petition and participation, a heightened standard of proof to avoid dismissal of the action"); Guerrero v. Carva, 10 A.D.3d 105, 116 (1st Dep't 2004) (noting "heightened standard of proof" reflected in N.Y. C.P.L.R. 3212(h)); OSJ, Inc. v. Work, 180 Misc. 2d 804(A), 811 (Sup. Ct. Madison Co. 1999) ("If CPLR 3211(g) and CPLR 3212(h) are not applicable to the case at bar... then plaintiffs do not have to meet the higher burden of establishing that their claims have a 'substantial basis' in fact and law."); Harfenes v. Sea Gate Ass'n, 167 Misc. 2d 647, 652 (Sup. Ct. N.Y. Co. 1995) (stating that "[p]rior to adoption of [N.Y.C.P.L.R. 3211 (g) and 3212(h)], plaintiffs in actions involving public petition and participation needed only demonstrate a reasonable basis in fact or law to defeat a motion to dismiss or motion for summary judgment" and that the anti-SLAPP legislation "places new restrictions on the ability of public applicants to seek redress from the courts by requiring them to demonstrate their claims contain a substantial, rather than merely a reasonable, basis in fact or law"). If this were the case, far from being akin to a "frivolous" standard, the "substantial basis" standard in N.Y. Civ. Rights Law 70-a is actually a higher standard than would otherwise be required to survive a motion to dismiss. Under this logic, if Judge Castel applied the Fed. R. Civ. P. 12(b)(6) standard, which is equivalent to the standard under section 3211(a)(7), it would necessarily follow that the dismissal of the plaintiff's claims under Rule 12(b)(6) means that the plaintiffs claims cannot meet the "substantial basis" standard of N.Y. Civ. Rights Law 70-a. Each party is invited to file a letter addressing these issues on or before October 16, 2013. A courtesy copy should be sent to the Court by regular mail or fax. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/8/2013) (rsh)
July 18, 2013 Filing 240 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #239 Reply Memorandum of Law in Support of Motion. CERTIFICATE OF SERVICE (Golden, James)
July 18, 2013 Filing 239 REPLY MEMORANDUM OF LAW in Support re: #229 CROSS MOTION for Summary Judgment.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 39)(Golden, James)
July 15, 2013 Opinion or Order Filing 238 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge to hear and report on motion (dispositive). Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge P. Kevin Castel on 7/15/2013) (ja)
July 3, 2013 Filing 237 RULE 56.1 STATEMENT. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
July 3, 2013 Filing 236 DECLARATION of Jason T. Cohen in Support re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1)(Shehigian, Grant)
July 3, 2013 Filing 235 REPLY MEMORANDUM OF LAW in Support re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment. , and in Opposition to Defendant's Cross-Motion for Summary Judgment. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
June 6, 2013 Filing 234 SEALED DOCUMENT placed in vault.(mps)
June 3, 2013 Filing 233 RULE 56.1 STATEMENT. Document filed by Peter Zalmayev. (Golden, James)
June 3, 2013 Filing 232 RULE 56.1 STATEMENT. Document filed by Peter Zalmayev. (Golden, James)
June 3, 2013 Filing 231 DECLARATION of James P. Golden in Opposition re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Golden, James)
June 3, 2013 Filing 230 RESPONSE in Opposition re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim., #229 CROSS MOTION for Summary Judgment. And Supporting Zalmayev's Cross Motion for Summary Judgment. Document filed by Peter Zalmayev. (Golden, James)
June 3, 2013 Filing 229 CROSS MOTION for Summary Judgment. Document filed by Peter Zalmayev.(Golden, James)
May 3, 2013 Opinion or Order Filing 228 ENDORSED LETTER addressed to Judge P. Kevin Castel, from James P. Golden, dated 4/30/2013, re: Andrew Ryan and I represent defendant Peter Zalmayev. I am writing regarding the summary judgment briefing schedule and in particular Your Honor's April 24, 2013, Order (Dkt. 226). Mr. Cohen's April 8, 2013, letter makes three assertions, none of which support changing the existing briefing schedule. I request that Your Honor maintain the existing summary judgment briefing schedule. ENDORSEMENT: Reconsideration of the Order of April 8, 2013 is DENIED. The schedule stands. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/2/2013) (ja)
May 1, 2013 Filing 227 NOTICE OF CHANGE OF ADDRESS by Michael C. Rakower on behalf of Clear Voice Inc.. New Address: Rakower Lupkin PLLC, 488 Madison Avenue, 18th Floor, New York, NY, United States 10022, 2126605552. (Rakower, Michael)
April 24, 2013 Opinion or Order Filing 226 ENDORSED LETTER addressed to Judge P. Kevin Castel, from Jason T. Cohen, dated 4/8/2013, re: We write in response to defendant Peter Zalmayev's April 5, 2013 letter requesting permisson to move for summary judgment three weeks after the deadline to do so passed. Accordingly, we request the following briefing schedule which abides by the Court's 60-day limitation: April 19, 2013 - plaintiff files motion for summary judgment; May 24, 2013 - defendant files opposition brief; and June 13, 2013 - plaintiff files reply brief. If defendant is entitled to move at all, his motion should be filed on April 19, 2013 as contemplated by this Court's March 18 Order and on the same schedule as plaintiff. ENDORSEMENT: Plaintiff's letter is deemed a motion for reconsideration. Defendant is directed to respond no later than noon on May 1, 2013 via fax. ( Responses due by 5/1/2013, Replies due by 6/13/2013.) (Signed by Judge P. Kevin Castel on 4/24/2013) (ja)
April 24, 2013 Filing 225 SEALED DOCUMENT placed in vault.(nm)
April 19, 2013 Filing 224 DECLARATION of Jason T. Cohen in Support re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46)(Shehigian, Grant)
April 19, 2013 Filing 223 RULE 56.1 STATEMENT. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
April 19, 2013 Filing 222 MEMORANDUM OF LAW in Support re: #221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
April 19, 2013 Filing 221 MOTION for Summary Judgment Dismissing Defendant's Anti-SLAPP Counterclaim. Document filed by Ashot Egiazaryan.(Shehigian, Grant)
April 8, 2013 Filing 220 ENDORSED LETTER addressed to Judge P. Kevin Castel from James P. Golden dated 4/5/2013 re: Counsel requests the following extension to the summary judgment briefing: 4/19/2013 Plaintiff to file summary judgment motion; 6/3/2013 Defendant to answer summary judgment and to file cross-motion; 7/3/2013 Plaintiff answers defendant's cross-motion and Plaintiff replies to defendant's answer to summary judgment motion; Defendant replies to Plaintiff's answer to the cross-motion. ENDORSEMENT: Schedule reluctantly approved. Please do not ask for an extension (either side) or for sur replies (either side) Thank you. (Motions due by 4/19/2013. Cross Motions due by 6/3/2013. Responses due by 7/3/2013, Replies due by 7/18/2013.) (Signed by Judge P. Kevin Castel on 4/5/2013) (tro)
April 3, 2013 Opinion or Order Filing 219 ORDER: The Court is in receipt of letters dated March 28, 2013, from the parties regarding the remaining document production in this case from nonparty Sergei M. Ponomarev. Inasmuch as the response to this subpoena appears to be near its end, the Court will not require defendant to withdraw the subpoena. However, given that the production of the documents has come after the close of the discovery, and given that the Court attributes much of the delay to defendant in light of his failure to promptly seek intervention to compel compliance with the subpoena, any documents produced by Mr. Ponomarev may be used only for trial. Thus, they may not be presented to the Court in the context of any summary judgment motion papers. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/3/2013) Copies Sent By Chambers. (pl) Modified on 4/4/2013 (pl).
March 20, 2013 Opinion or Order Filing 218 ORDER: that defendant shall report to the Court on or before March 25, 2013 as to the status of the production from nonparty Sergei M. Ponomarev. Defendant has leave to include in the letter, which shall be no more than two pages, any views not already expressed prior letters as to whether the Court should order withdrawal of the subpoenas in light of the close of discovery and the planned filing of a summary judgment motion. Plaintiff may respond by March 28, 2013, in a letter of not more than two pages. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2013) (pl)
March 18, 2013 Opinion or Order Filing 217 ORDER: I have plaintiff's letter of March 15 and defendant's letter of March 18 seeking an extended date for responding to the March 15 letter and consenting to a reply letter from plaintiff. The premotion conference is waived for plaintiff's proposed motion. Each party may file briefs up to 50 pages, although brevity is preferred. Plaintiff's proposed motion for summary judgment shall be filed no later than April 19, 2013 and the time between motion filing and the filing last submission (i.e. movant's reply) may not exceed 60 days. (Motions due by 4/19/2013.) (Signed by Judge P. Kevin Castel on 3/18/2013) (tro) Modified on 3/19/2013 (tro).
March 8, 2013 Opinion or Order Filing 216 OPINION AND ORDER: For the foregoing reasons, Zalmayevs motion to compel (Docket # 195) is granted in part and denied in part. Egiazaryan shall produce documents 1, 3, 5-13, 17-23, 26-27, 35, 39, 43-45, and 50 from the Revised Privilege Log.5 Zalmayev's motion is denied as to the remainder of the documents inasmuch as they are shielded by either the attorney-client privilege or work product protection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/8/2013) (pl) Modified on 3/11/2013 (pl). Modified on 3/12/2013 (pl).
February 28, 2013 Filing 215 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from James P. Golden dated 1/31/2013 re: This is in response to Jason Cohen's January 14, 2013, letter to Your Honor with the accompanying January 23, 2012, declaration of BGR's John Lough. Document filed by Peter Zalmayev.(mt)
February 28, 2013 Filing 214 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Jason T. Cohen dated 1/24/2013 re: We write purusant to this Court's January 16, 2013 Order (Docket Entry #207) ("January 16 Order"), in connection with defendant Peter Zalmayev's outstanding motion to compel the production of withheld e-mails from BGR Gabara Limited ("BGR"), a public relations firm retained as of February 12, 2011 to provide services to assist with ongoing and anticipated litigation. Document filed by Ashot Egiazaryan.(mt)
February 25, 2013 Opinion or Order Filing 213 ORDER: The Court is in receipt of letters dated February 8, 15, and 20 regarding the outstanding discovery in this matter. We address these items below. Requests that are the Subject of the Motion to Compel. The Court expects to issue a ruling on the motion to compel in the near future. The content of the documents at issue is such that the absence of a ruling should not affect the parties' ability to make the summary judgment request contemplated by Judge Castel's Individual Practices. If the ruling is not issued prior to the deadline set for making the premotion conference request to Judge Castel, the ruling will be issued in advance of any deadline set by Judge Castel for the filing of summary judgment motions. Given the relatively small number of documents involved, the Court expects that production, if it is in fact ordered, will be accomplished promptly. Deposition Testimony In London. Defendant's letter states that he seeks to use the testimony sought from BGR in London only as "trial testimony." While he does not say it explicitly, it can only be assumed that he is not seeking to use the testimony for summary judgment purposes. And given that he asserts that these depositions should proceed "notwithstanding the pendency of any motions for summary judgment," the Court can only assume that he has conceded that he will not be offering any testimony obtained from the depositions in the summary judgment briefing. Even if this is not the case, however, the Court will not permit the testimony to be used for anything other than trial. As defendant himself concedes, he presented his request for the testimony to the London court as a request only for trial testimony and the London court issued its order allowing such testimony based on defendant's representation that the testimony was only for that purpose. Indeed, the decision as supplied by defendant (at paragraph 27) makes clear that the London court would not have allowed the depositions to take place if they were being sought for "discovery." Deadline for the Letter to Judge Castel. The deadline for the parties to seek a pre-motion conference from Judge Castel is extended to March 15, 2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2013) (pl) Modified on 2/25/2013 (pl).
February 14, 2013 Opinion or Order Filing 212 ORDER: For the foregoing reasons, the motion to set aside or modify the Magistrate Judge's Order of May 23, 2012 and November 9, 2012 is DENIED. (Signed by Judge P. Kevin Castel on 2/14/2013) (pl)
January 30, 2013 Filing 211 DECLARATION of John Lough in Opposition re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Shehigian, Grant)
January 29, 2013 Opinion or Order Filing 210 ORDER: It is hereby ORDERED that all materials produced pursuant to this subpoena shall be deemed designated as "Highly Confidential" under the existing confidentiality order filed May 23, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2013) (js)
January 28, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Grant Alan Shehigian to RE-FILE Document #209 Declaration in Opposition to Motion. ERROR(S): Incomplete document. NOTE: You must indicate the case number and case caption on the document. (ldi)
January 28, 2013 Filing 209 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John Lough in Opposition re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Shehigian, Grant) Modified on 1/29/2013 (ldi).
January 23, 2013 Filing 208 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mr. Sergei M. Ponomarev dated 1/20/2013 re: Sergei M. Ponomarev writes to the Court regarding a subpoena seeking documents and testimony. The documents contain personal financial information, including Social Security numbers, addresses and information on substantial amounts of money and other information. I requested high level of protection for the documents in my possession, because disclosure of these documents might endanger members of my family who live abroad in Russia, they might be kidnapped for ransom. Also I need protection for other people and businesses, including limited partners, shareholders, their families and businesses. I have a confidentiality agreement, prepared by Hamburg & Golden, P.C., a copy of which is attached, signed by Andrew J. Ryan and James P. Golden, attorneys for defendant Peter Zalmayev, but maybe it is not enough for confidentiality protection Of other people and businesses. I am writing this letter to you, Your Honor, because inspection of documents is set to take place in Las Vegas on February 7 and 8, 2013 and I do have those confidentiality concerns. ENDORSEMENT: The Court will construe this letter as an objection pursuant to Rule 45(c)(2)(B) of the Federal Rules of Civil Procedure. The Court notes that this subpoena issued from the Central District of California (not this Court) and thus the federal court in California would be the one to rule on any of Mr. Ponomarev's objections based on privacy or burdensomeness. Mr. Ponomarev need not write to the California court directly as it is sufficient under the rules for him to have informed Peter Zalmayev's attorneys about his problems with the subpoena. Mr. Ponomarev should talk to Zalmayev 's attorneys to try to resolve his concerns. If the parties cannot come to agreement on what material he should produce, it will be the responsibility of Zalmayev's attorneys to make a motion to the federal court in California to seek compliance with the subpoena. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/22/2013) (pl) Modified on 1/23/2013 (pl). Modified on 1/25/2013 (pl).
January 16, 2013 Opinion or Order Filing 207 ORDER re defendant's motion to compel plaintiff to produce withheld emails involving BGR Gabara Limited: Accordingly, BGR is ordered to submit by January 24,2013, evidence of when the attorney-client between it and FZWZ began. A copy of any retention letters should be submitted. To the extent that attorney-client privilege is asserted for communications prior to September 6, 2011, a representative of BGR must submit an affidavit detailing the retention ofFZWZ, describing when BGR believed that FZWZ represented it, and the reasons therefor. Zalmayev may respond by January 31, 2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/16/2013) (cd)
January 14, 2013 Opinion or Order Filing 206 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Marc C. Zauderer dated 1/11/2013 re: For the foregoing reasons, plaintiff respectfully requests that the Court order the parties to withdraw their outstanding discovery requests so that they may proceed with summary judgment briefing. If the Court determines that the discovery may continue for an additional amount of time, then both parties should be permitted to continue their efforts to obtain such discovery. ENDORSEMENT: The within application is denied. The Court will adhere to the February 22 date contemplated in the November 9, 2012 order. However, the parties should write in advance of this date on the issue of whether the parties should be required to withdraw their out-of district requests. Plaintiffs letter is due February 8, 2013 (or he may rely on the instant letter). Defendant's response due February 15,2013. Any reply by February 20, 2013. SO ORDERED., ( Responses due by 2/15/2013, Replies due by 2/20/2013.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/14/2013) (ama)
January 7, 2013 Filing 205 SEALED DOCUMENT placed in vault.(mps)
December 21, 2012 Filing 204 SEALED DOCUMENT placed in vault.(nm)
December 17, 2012 Filing 203 DECLARATION of James P. Golden in Support re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 13, #2 Exhibit 14)(Golden, James)
December 17, 2012 Filing 202 REPLY MEMORANDUM OF LAW in Support re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Peter Zalmayev. (Golden, James)
December 10, 2012 Filing 201 MEMORANDUM OF LAW in Opposition re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Ashot Egiazaryan. (Cohen, Jason)
December 10, 2012 Filing 200 DECLARATION of Jason T. Cohen in Opposition re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cohen, Jason)
December 6, 2012 Opinion or Order Filing 199 ORDER: Accordingly, It is hereby ordered that defendant may not submit a rebuttal expert report that cites to or otherwise relies on any documents obtained from the production by Mr. Ponomarev, unless an expert report submitted by Plaintiff relies on such documents (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/5/2012) (js)
December 5, 2012 Filing 198 SEALED DOCUMENT placed in vault.(mps)
November 28, 2012 Filing 197 DECLARATION of James P. Golden in Support re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Golden, James)
November 28, 2012 Filing 196 MEMORANDUM OF LAW in Support re: #195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents.. Document filed by Peter Zalmayev. (Golden, James)
November 28, 2012 Filing 195 MOTION to Compel Ashot Egiazaryan to Produce BGR Documents. Document filed by Peter Zalmayev.(Golden, James)
November 26, 2012 Opinion or Order Filing 194 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kim Sperduto dated 11/26/2012 re: Due in part to delays obtaining Mr. Akhmetshin's emails from Google and from the Thanksgiving holiday, Mr. Akhmetshin request a brief seven-day extension of the production deadline to December 7, 2012. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/26/2012) (ama)
November 20, 2012 Opinion or Order Filing 193 ENDORSED LETTER addressed to Judge P. Kevin Castel from James P. Golden dated 11/19/2012 re: I write to request a nine-day extension of time until Wednesday, December 5, 2012, to file Mr. Zalmayev's motion papers objecting to Magistrate Gorenstein's November 9, 2012, Order pursuant to Rule 72 (a). ENDORSEMENT: Application granted., ( Motions due by 12/5/2012.) (Signed by Judge P. Kevin Castel on 11/19/2012) (lmb)
November 9, 2012 Opinion or Order Filing 192 ORDER: Given the age of this case, the Court does not believe it to be appropriate to delay summary judgment briefing to await the outcome of these out-of-district proceedings. Accordingly, the Court will require the parties to seek a pre-motion conference from Judge Castel for any summary judgment motion at the conclusion of expert discovery regardless to whether a resolution has been reached on the out-of-district matters. The parties should, at that time, raise the issue of at what point the Court should order the parties to w/draw their out-of-district discovery requests as it is unlikely that it would be appropriate to supplemental the summary judgment motions with additional factual material. ORDERED as follows: Disclosure of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) shall be made by 12/21/2012. The disclosure of identities and reports of any expert intended by an opposing party solely to contradict or rebut previously-disclosed expert evidence shall be made by 1/31/2013. Any depositions of experts shall be conducted by 2/15/2013. Any requests to Judge Castel to make a summary judgment motion shall be made on or before 2/22/2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2012) (ae)
October 17, 2012 Opinion or Order Filing 191 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Lupkin dated 10/17/2012 re: At the conference, in response to a comment by defendant's counsel, the Court authorized defendant's counsel to write to the Court regarding whether the limitations now agreed to render irrelevant Mr. Egiazaryan's subpoena of non party Google Inc. seeking e-mails no longer in the possession of Mr. Zalmayev's collaborator Rinat Akhmetshin. See pages 32-33 of the conference transcript. If Mr. Golden writes to the Court on this issue, Counsel for Plaintiff writes to request that he be permitted to submit a letter in response. ENDORSEMENT: yes. Please provide letters, and send this order to google. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/17/2012) (js)
October 17, 2012 Opinion or Order Filing 190 MEMO ENDORSED ON NOTICE OF INTENT TO REQUEST REDACTION: ENDORSEMENT: Per the Order dated October 3, 2012 this transcript (Docket # 187) is Ordered Sealed. So Ordered (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/17/2012) (js)
October 17, 2012 Transmission to Sealed Records Clerk. Transmitted re: #190 Memo Endorsement, to the Sealed Records Clerk for the sealing or unsealing of document or case. (js)
October 15, 2012 Filing 189 NOTICE of Intent to Request Redaction re: 187 Transcript,,. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
October 15, 2012 Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a civil cause for conference proceeding held on 10/3/2012 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...(tro)
October 3, 2012 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 10/3/2012. (lmb)
October 3, 2012 Opinion or Order Filing 186 ORDER: For the reasons stated on the record today, plaintiffs motion for a protective order (filed under seal) is granted in part and denied in part. Because the transcript of today's proceedings at some points reveal the contents of discovery materials that the Court has determined should be subject to a protective order, the transcript of the oral argument on the motion, held on October 3, 2012, shall be filed under seal. Application may be made at any time to unseal the portions of the transcript that do not reveal the contents of protected discovery materials. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/3/2012) (jfe)
October 3, 2012 Transmission to Sealed Records Clerk. Transmitted re: #186 Order,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jfe)
September 7, 2012 Filing 185 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Lupkin dated 9/07/2012 re: Plaintiff submits this letter in accordance with your Order dated August 23, 2012 (Docket# 178) and in response to Google Inc.'s ("Google") August 30, 2012 letter. Google's letter addresses the issue of burdensomeness in connection with complying with the extant subpoena, which seeks the e-mail communications of Rinat Akhmetshin. Document filed by Ashot Egiazaryan.(ama)
September 6, 2012 Filing 184 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 8/24/2012 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...(tro)
September 6, 2012 Filing 183 TRANSCRIPT of Proceedings re: status conference held on 8/24/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Ruth Ann Hager. 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 10/1/2012. Redacted Transcript Deadline set for 10/12/2012. Release of Transcript Restriction set for 12/10/2012.(tro) (Main Document 183 replaced on 9/14/2012) (jar).
September 4, 2012 Filing 182 Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Einat Clarke dated 8/30/2012 re: The Court should grant the pending motion to quash Plaintiff's subpoena because (1) it would subject non-party Google to an undue burden; and (2) it asks Google to violate federal law. (lmb)
August 30, 2012 Opinion or Order Filing 181 MEMO ENDORSEMENT on NOTICE OF MOTION: Motion denied. The Court is unable to intelligently rule in the abstract and without an understanding of how the confidentiality Order would impact specific items of information. (Signed by Judge P. Kevin Castel on 8/30/2012) (lmb)
August 28, 2012 Filing 180 DECLARATION of Jason T. Cohen in Support re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit Exhibit 10, #2 Exhibit Exhibit 11, #3 Exhibit Exhibit 12, #4 Exhibit Exhibit 13)(Cohen, Jason)
August 27, 2012 Opinion or Order Filing 179 ORDER: For the reasons stated on the record today, (1) defendant's application, by letter dated July 24, 2012, for an order regarding the previously-signed Letters of Request is denied. The parties shall report to the Court by letter on or before October 12, 2012, as to the status of the discovery matters currently being considered by courts in London and Washington. After receiving this report, the Court will set a schedule for the exchange of expert disclosures. Oral argument on plaintiff's motion for a protective order will take place Wednesday, October 3, 2012, at 10:00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. SO ORDERED. ( Oral Argument set for 10/3/2012 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/24/2012) (ama)
August 24, 2012 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 8/24/2012. Discovery orders issued. See transcript. (lmb)
August 24, 2012 Opinion or Order Filing 178 ORDER: Before the Court is the motion of nonparty Rinat Akhmetshin to quash a subpoena. (Docket # 166). The subpoena was issued to Google, Inc. The subpoena requires Google, Inc. to conduct a word search of several dozen English and Russian words in order to identify emails for production. It also requires Google, Inc. to provide emails that were sent to or from certain identified addresses listed in the subpoena. The Court may find it useful to hear Google, Inc.'s views as to the burdensomeness of complying with this subpoena. Google, Inc. may present its views on this question by letter or memorandum of law submitted on or before August 31, 2012. Any response to Google, Inc.'s submission may be made by September 7, 2012. Counsel for plaintiff is directed to provide a copy of this Order to an appropriate person at Google, Inc. forthwith. Plaintiff's counsel should consult with Akhmetshin's counsel to determine the identity of an appropriate person. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/23/2012) (lmb)
August 22, 2012 Filing 177 DECLARATION of Rinat Akhmetshin in Support re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Rinat Akhmetshin. (Sperduto, Kim)
August 22, 2012 Filing 176 REPLY MEMORANDUM OF LAW in Support re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Rinat Akhmetshin. (Sperduto, Kim)
August 21, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kim Hoyt Sperduto to RE-FILE Document #174 Reply Memorandum of Law in Support of Motion, #175 Declaration in Support of Motion. ERROR(S): Wrong case number indicated on documents. (ldi)
August 21, 2012 Filing 175 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rinat Akhmetshin in Support re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Rinat Akhmetshin. (Sperduto, Kim) Modified on 8/22/2012 (ldi).
August 21, 2012 Filing 174 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Rinat Akhmetshin. (Sperduto, Kim) Modified on 8/22/2012 (ldi).
August 14, 2012 Filing 172 NOTICE of Cross-Motion re: #171 Memorandum of Law in Opposition to Motion, #168 Memorandum of Law in Support of Motion, #170 Declaration in Opposition to Motion, #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
August 14, 2012 Filing 171 MEMORANDUM OF LAW in Opposition re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
August 14, 2012 Filing 170 DECLARATION of Jonathan D. Lupkin in Opposition re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Lupkin, Jonathan)
August 8, 2012 Filing 168 MEMORANDUM OF LAW in Support re: #166 MOTION to Quash Subpoena to Google, Inc... Document filed by Rinat Akhmetshin. (Sperduto, Kim)
August 8, 2012 Filing 167 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena to Google, Inc. Document filed by Rinat Akhmetshin. (Attachments: #1 Affidavit)(Sperduto, Kim) Modified on 8/9/2012 (db).
August 8, 2012 Filing 166 MOTION to Quash Subpoena to Google, Inc.. Document filed by Rinat Akhmetshin. Return Date set for 8/30/2012 at 10:00 AM.(Sperduto, Kim)
August 8, 2012 Filing 165 ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Kim Sperduto dated 8/7/2012 re: Counsel hereby request an informal conference with the Court to resolve this issue and protect Mr. Akhmetshin's privacy. ENDORSEMENT: Compliance with the subpoena is hereby stayed. Plaintiff shall respond to the motion on or before August 14, 2012. Any reply by August 21, 2012., ( responses due by 8/14/2012 Replies due by 8/21/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/7/2012) (js) Modified on 8/10/2012 (js).
August 8, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kim Hoyt Sperduto to RE-FILE Document #164 MOTION to Quash Subpoena to Google, Inc. of Google, Inc. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
August 7, 2012 Filing 164 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash Subpoena to Google, Inc. of Google, Inc.. Document filed by Rinat Akhmetshin. Return Date set for 8/30/2012 at 10:00 AM. (Attachments: #1 Supplement, #2 Affidavit, #3 Text of Proposed Order)(Sperduto, Kim) Modified on 8/8/2012 (db).
August 3, 2012 Filing 169 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 8/3/2012 re: Counsel request clarification as to whether the Clerk's entry of a final appealable judgment at this juncture was an oversight, or whether the Court intended for the Clerk to enter a form of judgment that would permit plaintiff to appeal now, prior to the resolution of defendant's counterclaim. ENDORSEMENT: Mindful of the pending counterclaim, the Court did not direct entry of judgment by the Clerk. The Clerk's judgment (DE 162) is vacated. The case was inadvertently closed by the Court and has now been reopened. There presently is no conference scheduled for the undersigned. Because of the the Circuit's preference to avoid piecemeal appeals, this Court is disinclined to enter a Rule 54(b) judgment and it is doubtful that the standard under section 1292(b) can be met. (Signed by Judge P. Kevin Castel on 8/3/2012) (jfe)
August 2, 2012 Opinion or Order Filing 163 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jason T. Cohen dated 8/2/2012 re: We respectfully request that the Court approve a modification of the dates set forth in your July 30, 2012 Order (copy attached), as follows: New submission regarding relevance by plaintiff - August 7, 2012; Response by defendant August 14, 2012 at noon; and Reply by plaintiff - August 22 at noon. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/2012) (lmb)
July 31, 2012 Filing 162 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated July 30, 2012, defendants motion to dismiss the amended complaint is granted, and leave to further amend is denied. (Signed by Clerk of Court Ruby Krajick on 7/31/12) (Attachments: #1 Notice of Right to Appeal)(dt)
July 31, 2012 Filing 161 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James P. Golden dated 7/31/2012 re: Counsel requests that the 8/16/12 conference scheduled be adjourned until 8/24/12 at 9:30 a.m. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2012) (jfe)
July 31, 2012 Opinion or Order Filing 160 ORDER: The Court is in receipt of letters from the parties dated July 30, 2012. In light of the dismissal of the complaint, and in light of plaintiffs apparent desire to raise arguments regarding relevance with respect to the pending discovery disputes, the due date for plaintiffs opposition to the defendant's letter application of July 24, 2012, and the August 2 oral argument on plaintiffs motion for a protective order are adjourned. Plaintiff shall make any new submission regarding relevance (by letter if desired) as to both matters on or before August 6, 2012. Any response from defendant shall be sent on or before 12:00 noon August 13, 2012. Any reply may be sent by 12:00 noon on August 15, 2012. A conference solely to address the relevance issues shall be held on August 16, 2012 at 4:00 p.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. ( Status Conference set for 8/16/2012 at 04:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/30/2012) (jfe)
July 31, 2012 Set/Reset Hearings: Status Conference set for 8/24/2012 at 09:30 AM before Magistrate Judge Gabriel W. Gorenstein. (jfe) Modified on 7/31/2012 (laq).
July 30, 2012 Filing 173 INTERNET CITATION NOTE: Material from decision with Internet citation re: #159 Order on Motion to Dismiss. (tro)
July 30, 2012 Opinion or Order Filing 159 MEMORANDUM AND ORDER. For the reasons in this memorandum and order, defendant's motion to dismiss (ECF No. 117) is GRANTED. Granting #117 Motion to Dismiss. (Signed by Judge P. Kevin Castel on 7/30/2012) (rjm)
July 30, 2012 Transmission to Judgments and Orders Clerk. Transmitted re: #159 Order on Motion to Dismiss to the Judgments and Orders Clerk. (rjm)
July 18, 2012 Opinion or Order Filing 158 ORDER: Oral argument on the plaintiff's motion for a protective order will take place on Thursday, August 2, 2012 at 10:00a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. ( Oral Argument set for 8/2/2012 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/18/2012) (djc)
July 11, 2012 Filing 157 SEALED DOCUMENT placed in vault.(mps)
July 9, 2012 Filing 156 SEALED DOCUMENT placed in vault.(nm)
July 6, 2012 Filing 155 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/11/2012 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...(mt)
July 6, 2012 Filing 154 TRANSCRIPT of Proceedings re: Conference held on 4/11/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 7/30/2012. Redacted Transcript Deadline set for 8/9/2012. Release of Transcript Restriction set for 10/9/2012.(mt)
June 28, 2012 Filing 153 DECLARATION of Jonathan D. Lupkin in Opposition re: 145 Sealed Document. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shehigian, Grant)
June 28, 2012 Filing 152 MEMORANDUM OF LAW in Opposition re: 145 Sealed Document Memorandum of Law in Opposition to Defendant's Objections and Motion to Set Aside or Modify Magistrate Judge Gorenstein's May 23, 2012 Confidentiality Order. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
June 28, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Grant Alan Shehigian to RE-FILE Document #150 Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
June 28, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Grant Alan Shehigian to RE-FILE Document #151 Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
June 27, 2012 Filing 151 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: 145 Sealed Document Memorandum of Law in Opposition to Defendant's Objections and Motion to Set Aside or Modify Magistrate Judge Gorenstein's May 23, 2012 Confidentiality Order. Document filed by Ashot Egiazaryan. (Attachments: #1 Declaration of Jonathan D. Lupkin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Shehigian, Grant) Modified on 6/28/2012 (ka).
June 27, 2012 Filing 150 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: 145 Sealed Document Memorandum of Law in Opposition to Defendant's Objections and Motion to Set Aside or Modify Magistrate Judge Gorenstein's May 23, 2012 Confidentiality Order. Document filed by Ashot Egiazaryan.(Shehigian, Grant) Modified on 6/28/2012 (ka).
June 18, 2012 Filing 149 SEALED DOCUMENT placed in vault.(mps)
June 14, 2012 Opinion or Order Filing 148 ORDER: The Court is in receipt of a letter dated June 13, 2012 from plaintiff regarding the briefing of plaintiffs motion for a protective order and the briefing of defendant's objections to the May 23, 2012 Confidentiality Order. The undersigned has spoken to Judge Castel and the parties are directed to proceed as follows: The briefing on the motion for a protective order with respect to the designations made by plaintiff will proceed as previously scheduled. The undersigned will decide that motion. The remaining briefing on the objections occurring before Judge Castel shall be limited solely to the issue of whether the objections are premature. Finally, the Court wishes to make clear that while the Confidentiality Order sets forth certain levels of treatment, and plaintiff has designated certain documents to be accorded confidential treatment in accordance with those levels, defendant is free to argue in his opposition to the protective order that some other form of protection, not specifically listed in the confidentiality order, should apply (and, of course, he is also free to argue that particular materials should be entitled to no protective measures at all). In light of this ruling, the Court believes that the telephone conference requested in the June 13, 2012, letter is unnecessary. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/13/2012) (mro) Modified on 6/15/2012 (mro).
June 13, 2012 Opinion or Order Filing 147 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James P. Golden dated 6/11/2012 re: Counsel request a 90-day extension of the discovery schedule as follows: Completion of all fact discovery and depositions by 9/18/12. Service of interrogatories ans requests for admission by 8/1/12. Completion of expert discovery by 11/16/12. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/13/2012) (jfe)
June 13, 2012 Set/Reset Deadlines: Deposition due by 9/18/2012. Expert Discovery due by 11/16/2012. Fact Discovery due by 9/18/2012. (jfe)
June 12, 2012 Opinion or Order Filing 146 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 6/11/2012 re: Counsel ask that plaintiff be given until 6/27/12 (16 days form today) to submit his opposition. Defense counsel has consented to the requested adjournment and has requested until 7/11/12 to submit its reply. ENDORSEMENT: Parties should address whether the appeal is premature until an actual controversy under the Confidentiality Order arises. Conversely, plaintiff should explain why any confidentiality protection is warranted for matter other than addresses, financial information, birth dates, names of children and other very narrow discrete areas of information. In short, why shouldnt the entire asylum application - - in views of plaintiffs defamation claims - - now be public except discrete redactions of personal data schedule approved. (Signed by Judge P. Kevin Castel on 6/12/2012) (jfe)
June 6, 2012 Filing 145 SEALED DOCUMENT placed in vault.(nm)
June 5, 2012 Opinion or Order Filing 144 ORDER: The Court is in receipt of a letter dated June 1, 2012 from non-parties Public Strategies, Inc. and Gregg Hitt, and a responsive letter dated June 4, 2012 from plaintiff. The non-parties seek a pre-motion conference with respect to their planned motion for a protective order. Under the authority cited by the non-parties, this Court could hear such a motion only upon the USDC for the District of Columbia issuing a stay of the proceeding now pending before it.... Accordingly, this Court will defer ruling on the application for a pre-motion conference until such time as the USDC for the District of Columbia grants the non-parties' motion for a stay. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/4/2012) (ja)
June 1, 2012 Filing 143 SEALED DOCUMENT placed in vault.(mps)
May 31, 2012 Filing 142 NOTICE of of Intention to Redact 4/11/2012 Transcript re: #140 Transcript,,. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
May 25, 2012 Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/7/2012 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...(laq)
May 23, 2012 Opinion or Order Filing 139 CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/23/2012) (jar)
May 18, 2012 Filing 138 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #137 Reply Memorandum of Law in Support of Motion. CERTIFICATE OF SERVICE (Golden, James)
May 18, 2012 Filing 137 REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6).. Document filed by Peter Zalmayev. (Golden, James)
May 17, 2012 Opinion or Order Filing 136 ENDORSED LETTER addressed to P. Kevin Castel from Thomas B. Roberts dated 5/16/2012 re: In order to reply appropriately, we have written a draft memorandum that is approximately twenty pages. Accordingly, we respectfully request permission to submit a reply memorandum of up to twenty pages in support of Mr. Zalmavev's motion to dismiss the amended complaint. ENDORSEMENT: Application granted.. (Signed by Judge P. Kevin Castel on 5/17/2012) (laq)
May 15, 2012 Opinion or Order Filing 135 ORDER: The Court is in receipt of the parties' letters dated May 11, 2012. The letters do not provide any basis for the Court to choose either of the proposed protective orders inasmuch as no description has been provided of the particular documents for which protection is sought. The parties should now proceed as follows: 1. The parties should attempt to agree on a confidentiality order that allows designation of the three levels of protection being discussed. For ease of reference, the plaintiff's proposed level may be called "highly confidential" and defendant's proposed level may be called "confidential." The existing "attorney's eyes" only designation should also be included. The parties should attempt to agree on the terms of a confidentiality order that allows for a producing party to choose any of these designations. No records should be designated in the confidentiality order itself. If the parties cannot agree on a joint proposal, they may each provide a separate proposal. The Court will choose the one it prefers. The proposal or proposals should be submitted by Friday, May 18, 2012 and as further set forth in this order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/14/2012) (lmb)
May 10, 2012 Filing 134 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 5/9/2012 re: This firm represents plaintiff Ashot Egiazaryan in the above-referenced matter. We are in receipt of defendant Peter Zalmayev's May 8, 2012 letter ("May 8 Letter"), seeking leave to file a motion to strike plaintiff's memorandum of law in opposition ("Plaintiff's MOL") to defendant's motion to dismiss. The May 8 Letter mischaracterizes plaintiff's opposition papers, and defendant's request for leave to file a motion to strike should be denied. ENDORSEMENT: In view of the Court's prior rulings regarding the scheduling of summary judgment motion, it does not bode well for plaintiff that he needs to go beyond the four corners of his pleading which he has had ample opportunity to amend. That said, defendant's remedy is to make such arguments as are appropriate in his reply. (Signed by Judge P. Kevin Castel on 5/10/2012) (lmb) Modified on 5/14/2012 (lmb).
May 7, 2012 Filing 140 TRANSCRIPT of Proceedings re: court conference held on 4/11/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(laq)
May 7, 2012 Opinion or Order Filing 133 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James P. Golden dated 5/4/12 re: Counsel for the defendant writes on behalf of the parties to propose simultaneous submissions on May 11, 2012, of letters no longer than four pages, setting forth their positions, along with each party's proposed protective order. Counsel would like to know if this procedure is acceptable. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/4/2012) (mro)
May 4, 2012 Filing 132 DECLARATION of Jonathan D. Lupkin in Opposition re: #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6).. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Shehigian, Grant)
May 4, 2012 Filing 131 MEMORANDUM OF LAW in Opposition re: #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6).. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
May 1, 2012 Opinion or Order Filing 130 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jason T. Cohen dated 5/1/2012 re: Plaintiff respectfully requests permission to submit an oversized opposition brief of up to 35 pages in length, excluding the table of contents and table of authorities. ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 5/1/2012) (rjm)
May 1, 2012 Opinion or Order Filing 129 ORDER: The conference scheduled for May 04, 2012 at 11:00 a.m. is vacated. (Signed by Judge P. Kevin Castel on 4/30/2012) (djc)
April 27, 2012 Opinion or Order Filing 128 CORRECTED ORDER: Defendant now proposes to move to dismiss the amended complaint. Defendant may so move, on the following schedule. Defendant's motion to dismiss is due March 30, 2012. Plaintiff's response is due April 20, 2012 and shall include a copy of the amended complaint marked to show changes from the pleading submitted on the original motion to dismiss. Defendant's reply, if any, is due May 4, 2012. Plaintiff had an opportunity to seek leave to amend before briefing the issue of whether plaintiff was a public figure. Having lost the issue, the doctrine of the law of the case may well foreclose revisiting the issue of whether plaintiff is a public figure. This is a matter which the parties are invited to brief., ( Replies due by 5/4/2012.) (Signed by Judge P. Kevin Castel on 4/26/2012) (lmb)
April 24, 2012 Filing 127 ENDORSED LETTER addressed to Judge P. Kevin Castel from Hamburg & Golden, P.C. dated 4/24/2012 re: Counsel requests leave to file a supplement to the pending motion to dismiss the amended complaint or a pre-motion conference to obtain leave. ENDORSEMENT: Pursuant to the authority in Rule 16(c)(2)(E) and the inherent power of this Court, the undersigned declines to allow either party to proceed with a summary judgment motion until the close of fact discovery. This includes a motion filed under Rule 56 or a Rule 12(b)(6) motion "treated as one for summary judgment under Rule 56." Rule 12(d). (Signed by Judge P. Kevin Castel on 4/24/2012) (jfe)
April 16, 2012 Opinion or Order Filing 126 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 4/16/12 re: Counsel for the plaintiff requests the following schedule regarding the motion to dismiss: opposition paper due on 5/4/12 and reply papers due on 5/18/12. ENDORSEMENT: Application granted. So ordered. Set Deadlines/Hearing as to #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6):( Responses due by 5/4/2012, Replies due by 5/18/2012.) (Signed by Judge P. Kevin Castel on 4/16/2012) (mro)
April 16, 2012 Opinion or Order Filing 125 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jason Cohen dated 4/13/12 re: Counsel for the plaintiff requests a pre-motion conference in which he will seek leave to file a motion for partial summary judgment. ENDORSEMENT: Under the authority granted to a district judge, inter alia, under Rule 16(c)(2)(E), the Court declines to schedule any summary judgment motion in this case--with which it has substantial familiarity--until the close of fact discovery. So ordered. (Signed by Judge P. Kevin Castel on 4/13/2012) (mro)
April 13, 2012 Opinion or Order Filing 124 ORDER: This Order governs the asylum application referenced in Judge Castel's January 12, 2012 Memorandum and Order in this action. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/2012) (djc)
April 12, 2012 Opinion or Order Filing 123 ORDER: withdrawing #121 Motion for Protective Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/11/2012) (pl)
April 11, 2012 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 4/11/2012. (js)
April 4, 2012 Filing 122 DECLARATION of Jonathan D. Lupkin in Support re: #121 MOTION for Protective Order.. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
April 4, 2012 Filing 121 MOTION for Protective Order. Document filed by Ashot Egiazaryan.(Lupkin, Jonathan)
March 30, 2012 Filing 120 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #119 Declaration in Support of Motion, #118 Memorandum of Law in Support of Motion, #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6).. CERTIFICATE OF SERVICE (Golden, James)
March 30, 2012 Filing 119 DECLARATION of James P. Golden in Support re: #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6).. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Golden, James)
March 30, 2012 Filing 118 MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6).. Document filed by Peter Zalmayev. (Golden, James)
March 30, 2012 Filing 117 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6). Document filed by Peter Zalmayev. Responses due by 4/20/2012(Golden, James)
March 20, 2012 Filing 116 MEMORANDUM OF LAW in Support re: #112 Order,. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
March 19, 2012 Filing 115 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #113 Response, #114 Affidavit in Support. (Golden, James)
March 19, 2012 Filing 114 AFFIDAVIT of Jane C. Silver in Support re: #113 Response. Document filed by Peter Zalmayev. (Golden, James)
March 19, 2012 Filing 113 RESPONSE re: #112 Order, regarding Ashot Egiazaryan's motion to compel production of a document. Document filed by Peter Zalmayev. (Golden, James)
March 14, 2012 Opinion or Order Filing 112 ORDER: The Court is in receipt of various letters from the parties and makes the following rulings, as further set forth in this document. As for the request for an extension of the discovery schedule, the deadlines in the 11/9/2011 Order are each extended by 60 days. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/14/2012) (cd)
March 13, 2012 Opinion or Order Filing 111 ORDER. Defendant proposes to move to dismiss the amended complaint. Defendant may so move, on the following schedule. Defendant's motion to dismiss is due March 30, 2012. Plaintiff's response is due April 20, 2012 and shall include a copy of the amended complaint marked to show changes from the pleading submitted on the original motion to dismiss. Defendant's reply, if any, is due May 4, 2012. Plaintiff had an opportunity to seek leave to amend before briefing the issue of whether plaintiff was a public figure. Having lost the issue, the doctrine of the law of the case may well foreclose revisiting the issue of whether plaintiff is a public figure. This is a matter which the parties are invited to brief. (Motions due by 3/30/2012. Responses due by 4/20/2012. Replies due by 5/4/2012.) (Signed by Judge P. Kevin Castel on 3/12/2012) (rjm)
February 29, 2012 Filing 110 AMENDED COMPLAINT amending #1 Complaint, against Peter Zalmayev with JURY DEMAND.Document filed by Ashot Egiazaryan. Related document: #1 Complaint, filed by Ashot Egiazaryan.(tro) (Additional attachment(s) added on 3/9/2012: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E) (ama).
February 28, 2012 Filing 109 CERTIFICATE OF SERVICE of Amended Complaint served on Counsel for Peter Zalmayev on 2/28/2012. Service was made by Federal Express. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
February 28, 2012 Filing 108 MEMO ENDORSEMENT on re: #99 Motion to Amend/Correct. ENDORSEMENT: Granted as per docket # 106. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/27/2012) (jfe)
February 27, 2012 Filing 107 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #106 Response to Motion. CERTIFICATE OF SERVICE (Golden, James)
February 27, 2012 Filing 106 RESPONSE to Motion re: #99 MOTION to Amend/Correct #1 Complaint,.. Document filed by Peter Zalmayev. (Golden, James)
February 27, 2012 Filing 105 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jason T. Cohen dated 2/27/2012 re: The parties write to request an adjournment of the date for the submission of responsive letters to 3/6/2012. ENDORSEMENT: Due date adjourned sine die. The Court will assume the February 17 applications are withdrawn unless the Court is told otherwise. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/27/2012) (ab)
February 24, 2012 Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/22/2012 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...(tro)
February 24, 2012 Filing 103 TRANSCRIPT of Proceedings re: conference held on 2/22/2012 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 3/19/2012. Redacted Transcript Deadline set for 3/29/2012. Release of Transcript Restriction set for 5/29/2012.(tro)
February 23, 2012 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 2/23/2012 re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A.. filed by Clear Voice Inc.. (pl)
February 23, 2012 Opinion or Order Filing 102 ORDER. For the reasons stated at an oral argument held today, 1. The Motion to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 to Wells Fargo Bank, N.A. (Docket #74) is denied. If appropriate, documents responsive to the subpoena may be designated as confidential pursuant to a confidentiality order. If the parties cannot agree on the text of such an order, they may each submit a proposed order to the Court. 2. The application to quash the subpoenas to JPMorgan Chase Bank (dated January 12, 2012) and Citibank (undated) made by letter dated February 7, 2012 is granted. Denying #74 Motion to Quash. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/23/2012) (rjm)
February 14, 2012 Filing 101 DECLARATION of Jonathan D. Lupkin in Support re: #99 MOTION to Amend/Correct #1 Complaint,.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Shehigian, Grant)
February 14, 2012 Filing 100 MEMORANDUM OF LAW in Support re: #99 MOTION to Amend/Correct #1 Complaint,.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
February 14, 2012 Filing 99 MOTION to Amend/Correct #1 Complaint,. Document filed by Ashot Egiazaryan.(Shehigian, Grant)
February 10, 2012 Opinion or Order Filing 98 ENDORSED LETTER: addressed to Judge Gabriel W. Gorenstein from Michael C. Rakower dated 2/9/2012 re: Counsel for non-party Clear Voice Inc. request that Oral Argument be rescheduled for a different time or date. The current deadline is set for 2/24/2012 at 11:00 a.m.. ENDORSEMENT: Conference move to February 23, 2012 at 11:00 a.m. in Courtroom 17-A. In the future, please comply with paragraph 1.F of this Court's Individual Practices. So Ordered., ( Oral Argument set for 2/23/2012 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/9/2012) (js)
February 7, 2012 Opinion or Order Filing 97 ORDER: The Court is in receipt of a letter from defendant dated February 7, 2011, seeking to quash certain subpoenas attached thereto. The Court intends to resolve this application based on the parties' letters. The parties should work out an appropriate schedule for the submission of an opposition letter and a reply. In the meantime, to preserve the status quo, no documents shall be produced in response to the subpoenas until the Court rules on the motion to quash. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/7/2012) (ab)
February 6, 2012 Opinion or Order Filing 96 ORDER: The application contained in the letter from defendant dated February 6, 2012 is denied without prejudice for failure to comply with paragraph 2.A of this Court's Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/6/2012) (djc)
February 3, 2012 Opinion or Order Filing 95 ATTORNEYS' EYES ONLY PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/2/2012) (ft)
February 3, 2012 Opinion or Order Filing 94 ORDER: Oral argument on the motion to quash (Docket# 74) will be held on February 24, 2012, at 11:00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/2012) (ft)
February 1, 2012 Filing 93 RESPONSE in Support re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A.. Response in Opposition to Defendant's Surreply and in Further Support of Motion to Quash. Document filed by Clear Voice Inc.. (Rakower, Michael)
January 27, 2012 Filing 92 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #91 Declaration in Opposition to Motion, #90 Memorandum of Law in Opposition to Motion. CERTIFICATE OF SERVICE (Golden, James)
January 27, 2012 Filing 91 DECLARATION of James P. Golden in Opposition re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12)(Golden, James)
January 27, 2012 Filing 90 MEMORANDUM OF LAW in Opposition re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Peter Zalmayev. (Golden, James)
January 25, 2012 Filing 89 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James P. Golden dated 1/25/2012 re: counsel for defendant writes that Clear Voice and Suren Egiazaryan filed their reply brief on January 24, referencing the deposition. I propose to file a surreply brief on January 27. Counsel for Clear Voice and Suren Egiazaryan do not object to our filing a surreply brief and reserve the right to request to file a response to our surreply, to which I will not object. ENDORSEMENT: Granted. Any response by February 1, 2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/25/2012) (pl) Modified on 1/25/2012 (pl).
January 24, 2012 Filing 88 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Motion to Quash; Declaration of Jonathan D. Lupkin in Further Support of Motion to Quash served on All Counsel on 1/24/12. Service was accepted by ALL COUNSEL. Service was made by ECF. Document filed by Clear Voice Inc.. (Rakower, Michael)
January 24, 2012 Filing 87 DECLARATION of Jonathan D. Lupkin in Support re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Clear Voice Inc.. (Rakower, Michael)
January 24, 2012 Filing 86 REPLY MEMORANDUM OF LAW in Support re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Clear Voice Inc.. (Rakower, Michael)
January 19, 2012 Filing 85 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Lupkin dated 1/17/2012 re: We respectfully request permission to move to amend on or before February 10, 2012. ENDORSEMENT: The pre-motion conference requirement is waived. The motion should not be filed until February 10, 2012. Defendant is reminded that any arguments as to the "futility" of pursuing claims in the amended pleading, see Foman v. Davis, 371 U.S. 178, 182 (1962), would best be aired in the context of a motion to dismiss or a motion for summary judgment. Finally, the Court notes that Judge Castel has adjourned the date of his previously-scheduled February 3, 2012 conference to May 4, 2012. See Docket # 49.( Motions due by 2/10/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/2012) (lmb) Modified on 1/19/2012 (lmb).
January 12, 2012 Opinion or Order Filing 84 MEMORANDUM AND ORDER: For the foregoing reasons, the motion to set aside or modify the Magistrate Judge's Order of November 8, 2011 is DENIED. (Signed by Judge P. Kevin Castel on 1/12/2012) (jfe)
January 11, 2012 Filing 83 CERTIFICATE of Counsel by James P. Golden on behalf of Peter Zalmayev. Re: #82 Declaration in Opposition to Motion, #81 Memorandum of Law in Opposition to Motion. CERTIFICATE OF SERVICE (Golden, James)
January 11, 2012 Filing 82 DECLARATION of Thomas B. Roberts in Opposition re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Golden, James)
January 11, 2012 Filing 81 MEMORANDUM OF LAW in Opposition re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Peter Zalmayev. (Golden, James)
January 6, 2012 Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a civil cause for protective order proceeding held on 12/22/2011 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...(tro)
January 6, 2012 Filing 79 TRANSCRIPT of Proceedings re: civil cause for protective order held on 12/22/2011 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012.(tro)
December 27, 2011 Filing 78 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Suren Egiazaryian, Declaration of Michael C. Rakower, Memorandum of Law served on all counsel on 12/23/11. Service was accepted by all counsel. Service was made by ECF. Document filed by Clear Voice Inc.. (Rakower, Michael)
December 27, 2011 Filing 77 MEMORANDUM OF LAW in Support re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Clear Voice Inc.. (Rakower, Michael)
December 27, 2011 Filing 76 DECLARATION of Michael C. Rakower in Support re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Clear Voice Inc.. (Rakower, Michael)
December 27, 2011 Filing 75 DECLARATION of Suren Egiazaryian in Support re: #74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A... Document filed by Clear Voice Inc.. (Rakower, Michael)
December 27, 2011 Filing 74 MOTION to Quash Subpoenas Duces Tecum dated November 17, 2011 and December 2, 2011 of Wells Fargo Bank, N.A.. Document filed by Clear Voice Inc..(Rakower, Michael)
December 23, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael C. Rakower to RE-FILE Document #73 MOTION to Quash SUBPOENAS DATED NOVEMBER 17, 2011 AND DECEMBER 2, 2011 SERVED UPON WELLS FARGO BANK, N.A. of WELLS FARGO BANK, N.A. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
December 23, 2011 Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash SUBPOENAS DATED NOVEMBER 17, 2011 AND DECEMBER 2, 2011 SERVED UPON WELLS FARGO BANK, N.A. of WELLS FARGO BANK, N.A. Document filed by Clear Voice Inc.. (Attachments: #1 Affidavit Declaration of S. Egiazaryian in Support of Motion, #2 Affidavit Declaration of M. Rakower in Support of Motion (with Exhibits 1 and 2), #3 Memorandum of Law by Non-Parties Clear Voice Inc. and Suren Egiazaryian in Support of Motion, #4 Certificate of Service by M Rakower re Service of Notice of Motion, Declaration of S. Egiazaryian, Declaration of M. Rakower, and Memorandum of Law in Support of Motion)(Rakower, Michael) Modified on 12/27/2011 (db).
December 23, 2011 Opinion or Order Filing 72 ORDER: The motion for a protective order (Docket #50) is denied in part and granted in part for the reasons stated today on the record. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/22/2011) (js)
December 22, 2011 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 12/22/2011. (mro)
December 21, 2011 Filing 71 ANSWER to #27 Counterclaim. Document filed by Ashot Egiazaryan.(Lupkin, Jonathan)
December 15, 2011 Opinion or Order Filing 70 ORDER: This Court Orders the plaintiff to produce to the Court for in camera inspection by 2 p.m. on December 22, 2011 any and all documents, including any and all non-privileged internal communications, concerning any application for asylum filed with any agency of the United States. Additional relief as set forth in this Order. ( Request for Production of Documents due by 12/22/2011.) (Signed by Judge P. Kevin Castel on 12/15/2011) (pl)
December 14, 2011 Opinion or Order Filing 69 ORDER: The Court is in receipt of letters dated 12/12 and 12/13/2011, from the parties. The Court denies defendant's request that the plaintiff be ordered to appear for a deposition on 1/2 and 1/3 as it is not convenient for the witness or counsel. Because plaintiff does not appear to object, his deposition shall take place 1/18 and 1/19. As for the topics that will be covered at the deposition- and whether plaintiff will have to submit to further questioning if certain discovery matters being litigated now are not resolved by that date - this issue will be addressed at the 12/22 conference. Deposition due by 1/19/2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/13/2011) (ft)
December 13, 2011 Filing 68 DECLARATION of Jonathan D. Lupkin in Support re: #58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Shehigian, Grant)
December 13, 2011 Filing 67 REPLY MEMORANDUM OF LAW in Support re: #58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
December 7, 2011 Opinion or Order Filing 66 MEMORANDUM AND ORDER terminating #31 Motion to Dismiss; granting in part and denying in part #34 Motion to Dismiss; granting #15 Motion to Dismiss. For the foregoing reasons, Zalmayev's motion to dismiss Counts II, III, IV, and V of the Complaint is GRANTED. Egiazaryan's motion to dismiss the Counterclaims is GRANTED as to the defamation claim (Countercl. Count One) and DENIED as to the anti- SLAPP counterclaim (Countercl. Count Two). Egiazarayan's motion in the alternative to strike portions of the Counterclaims is DENIED. The Clerk of the Court is directed also to terminate the original motion to dismiss the Counterclaims (Docket # 31), which was replaced by the amended motion (Docket #34) disposed of by this Order. (Signed by Judge P. Kevin Castel on 12/6/2011) (lmb)
December 6, 2011 Filing 65 DECLARATION of James P. Golden in Opposition re: #58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Golden, James)
December 6, 2011 Filing 64 MEMORANDUM OF LAW in Opposition re: #58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application.. Document filed by Peter Zalmayev. (Attachments: #1 Cert. of Service)(Golden, James)
December 2, 2011 Opinion or Order Filing 63 ORDER: Oral argument on the pending motion for a protective order will take place on Thursday, December 22, 2011, at 4:00 p.m. in Courtroom 17A, United States Courthouse, 500 pearl Street, New York, New York (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/2/2011) (js)
November 30, 2011 Filing 62 DECLARATION of Jonathan D. Lupkin in Support re: #50 MOTION for Protective Order.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21)(Shehigian, Grant)
November 30, 2011 Filing 61 REPLY MEMORANDUM OF LAW in Support re: #50 MOTION for Protective Order.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
November 22, 2011 Filing 60 DECLARATION of Jason T. Cohen in Support re: #58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Shehigian, Grant)
November 22, 2011 Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
November 22, 2011 Filing 58 MOTION to Set Aside Magistrate Judge's Order Authorizing Defense Counsel to Access Plaintiff's Alleged Asylum Application. Document filed by Ashot Egiazaryan.(Shehigian, Grant)
November 22, 2011 Filing 57 REPLY MEMORANDUM OF LAW in Opposition re: #50 MOTION for Protective Order.. Document filed by Peter Zalmayev. (Attachments: #1 Cert. of Service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Golden, James)
November 17, 2011 Opinion or Order Filing 56 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Jason T. Cohen dated 11/16/2011 re: Request tht plaintiff file and serve his reply papers on 11/29/2011. ENDORSEMENT: Extension to November 29, 2011 granted. If defendant's counsel wishes to change the date for his answer, he should telephone plaintiffs counsel now. Both parties should discuss the scheduling of this and all future matters in good faith. If the parties reach agreement, any additional change to the schedule may be made in accordance with the third paragraph of paragraph 2.8 of this Court's Individual Practices (that is, as if no Court order as to a briefing schedule were in effect). In the extremely unlikely event they cannot reach agreement, any party may make an application for a change in accordance with paragraph 1.E of this Court's Individual Practices. Set Deadlines/Hearing as to #50 MOTION for Protective Order. (Reply due by 11/29/2011.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2011) (cd)
November 16, 2011 Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a discovery conference proceeding held on 11/8/2011 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...(tro)
November 16, 2011 Filing 54 TRANSCRIPT of Proceedings re: discovery conference held on 11/8/2011 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Ruth Ann Hager. 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 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.(tro)
November 15, 2011 Filing 53 AMENDED MEMORANDUM OF LAW in Support re: #50 MOTION for Protective Order.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
November 15, 2011 Filing 52 DECLARATION of Jonathan D. Lupkin in Support re: #50 MOTION for Protective Order.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Shehigian, Grant)
November 15, 2011 Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION for Protective Order.. Document filed by Ashot Egiazaryan. (Shehigian, Grant)
November 15, 2011 Filing 50 MOTION for Protective Order. Document filed by Ashot Egiazaryan.(Shehigian, Grant)
November 9, 2011 Opinion or Order Filing 49 ENDORSED LETTER: addressed to Judge Gabriel W. Gorenstein from Jason T. Cohen dated 11/3/2011 re: Plaintiff and defendant request that the Court make the following adjustments to the schedule: Completion of all fact discovery and depositions - 4.18/2012(from January 13, 2012) Service of interrogatories and requests to admit- March 1, 2012 (from November 16, 2011) Completion of expert discovery- June 18, 2012 (from February 27, 2012). ENDORSEMENT: Conference adjourned to May 4, 2012 at 11:00 a.m. from February 3, 2012. So Ordered. (Signed by Judge P. Kevin Castel on 11/10/11) (js)
November 9, 2011 Set/Reset Deadlines: Deposition due by 4/18/2012. Expert Discovery due by 6/18/2012. Fact Discovery due by 4/18/2012. (js)
November 9, 2011 Opinion or Order Filing 48 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jason T. Cohen dated 11/3/2011 re: Plaintiff and defendant in the above-referenced matter jointly write to respectfully request an extension of time for certain deadlines set forth in the June 11, 2011 Civil Case Management Plan and Scheduling Order, and as further specified in this letter. ENDORSEMENT: So ordered. (Deposition due by 4/18/2012. Expert Discovery due by 6/18/2012. Fact Discovery due by 4/18/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2011) (rjm)
November 8, 2011 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 11/8/2011. Discovery orders issued as reflected in transcript of proceedings. (rjm)
November 3, 2011 Opinion or Order Filing 47 ORDER: The Court believes that the scope of discovery in this matter should be addressed at the November 8, 2011 conference. To this end, the parties are directed to fax to the Court by 12:00 noon on November 7, 2011 a list of all planned deponents (whether party or non-party). Next to the name of each proposed deponent shall be a summary of the factual matters or subject areas that the party expects the deponent to testify to. To the extent a document request will be (or has been) made through subpoena to non-parties, the list shall indicate the non-parties who will be subject to such subpoenas and the topic areas of any document requests that will be addressed to that non-party. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/3/2011) (ab)
October 31, 2011 Opinion or Order Filing 46 ORDER: The Court is in receipt of a letter dated October 28, 2011, from nonparties Public Strategies Inc. and Mr. Gregg Hitt. Notably, the October 28 letter provides no authority for the unstated proposition underlying the letter's request for a pre-motion conference: that a motion to quash the subpoenas can appropriately be filed in this Court. The text of Rule 45 does not permit such a motion. See Fed. R. Civ. P. 45(c)(3) (referring to the power of an "issuing court" to quash or modify a subpoena). Some case law would give the District of Columbia district court the power to transfer the motion to compel to this Court, see, e.g.,. Stanziale v. Pepper Hamilton LLP, 2007 WL 473703 (S.D.N.Y. Feb. 9, 2007), and it would certainly be understandable and appropriate for the District of Columbia to make such a transfer in light of the relevance objection, which can most easily be adjudicated by this Court. But in the absence of a transfer, the third parties have not given this Court any reason to believe it has the power to rule on their objections to the subpoenas. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/28/2011) (mro)
October 19, 2011 Opinion or Order Filing 45 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jason T. Cohen dated 10/19/11 re: In your endorsed order dated October 13, 2011, you set a conference for October 27, 2011 on our application for a protective order limiting the scope of the depositions of Artem Egiazaryan and Suren Egiazaryan. We respectfully seek an adjournment of that conference to November 8, 2011 at 4:00 p.m. ENDORSEMENT: Granted. So ordered. (Conference set for 11/8/2011 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/11) (rjm)
October 13, 2011 Opinion or Order Filing 44 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James P. Golden dated 10/12/2011 re: Counsel for the defendant requests that the settlement conference be postponed until the close of fact discovery. ENDORSEMENT: The October 21 settlement conference is adjourned sine die. Conference on the application for the protective order set for October 27 (Thursday) at 4:00 pm. (Oral Argument set for 10/27/2011 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/13/2011) (ft)
October 12, 2011 Opinion or Order Filing 43 ORDER. The Court is in receipt of a letter dated October 6, 2011 seeking an order authorizing the service of a subpoena on a witness by email, followed up by service by regular mail and overnight mail to two New York addresses associated with the witness. Accordingly, assuming arguendo that alternative methods of service are permissible under Fed. R. Civ. P. 45, the application is denied. This denial is without prejudice to a future application that shows that any proposed manner of service is likely to result in receipt of the subpoena by the witness. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/11/11) (rjm)
October 7, 2011 Opinion or Order Filing 42 ORDER: The Court is in receipt of the letters dated September 27, 2011 and October 6, 2011 from plaintiff and a letter dated October 6, 2011 from defendant. In his October 6, 2011 letter, the defendant responds to the points made in the plaintiff's September 27 letter but also states that his letter "cannot adequately address the issues" because of the Court's "fax page limit." The plaintiff's October 6 response asks for the opportunity to make "a further written submission." A fax transmission is not the only way to send a letter to the Court. Parties regularly make submissions by mail, hand delivery and overnight mail. Thus, the Court has never prevented the parties from submitting a writing of any length they wish. If the parties truly believe that they need to make additional arguments, they should attempt to agree on a schedule for presenting the issues to the Court in written form- whether by letter or by formal motion. After the Court receives these materials, the Court will entertain any requests from a party to hold a conference. If the parties cannot agree on such a schedule or format, they may inform the Court by letter of their respective proposals and the Court will choose the best manner to proceed. The Court notes that Monday, October 11, is a federal holiday. Given that the parties apparently have not made the presentations they apparently wish to make as of this date, they should consider whether the October 17 and 18 depositions need to be rescheduled. After the Court receives these materials, the Court will entertain any requests from a party to hold a conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/7/2011) (lmb)
September 27, 2011 Opinion or Order Filing 41 ORDER: The parties are directed to conduct such a conference as soon as practicable and to address each disputed document request individually in the course of the discussion. During this telephone call, the parties shall listen carefully to the other side with respect to each dispute and shall give each other a full opportunity to express their views. The parties shall attempt to negotiate in good faith to resolve disputes by mutual agreement, as further set forth on this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/27/2011) (ab)
September 26, 2011 Opinion or Order Filing 40 ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. 636(b)(l)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: http://www1.nysd.uscourts.gov/judge_info.php?id=67. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/26/2011) (pl) Modified on 9/30/2011 (pl).
September 26, 2011 Opinion or Order Filing 39 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for October 26, 2011, at 2:30 p.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. The parties should be sure to arrive a few minutes early so that the conference may begin promptly. Additional relief as set forth in this Order. ( Settlement Conference set for 10/26/2011 at 02:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/26/2011) (pl)
September 23, 2011 Opinion or Order Filing 38 ORDER REFERRING CASE TO 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 Gabriel W. Gorenstein. (Signed by Judge P. Kevin Castel on 9/23/2011) (lmb)
September 22, 2011 Filing 37 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Counterclaims or to Strike.. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
September 15, 2011 Filing 36 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss Counterclaims or to Strike.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit, #2 Declaration of Service)(Golden, James)
September 14, 2011 Filing 35 ENDORSED LETTER addressed to Judge Kevin P. Castel from James P. Golden dated 9/13/2011 re: Counsel for the defendant requests an informal conference with your Honor under Local Civil Rule 37.2 concerning Mr. Egiazaryan's objections to Mr. Zalmayev's document request. ENDORSEMENT: Plaintiff should respond by September 19 and defendant may reply by September 21. I plan to rule on the basis of the submissions. (Signed by Judge P. Kevin Castel on 9/14/2011) (ft)
September 1, 2011 Filing 34 AMENDED MOTION to Dismiss Counterclaims or to Strike. Document filed by Ashot Egiazaryan. Responses due by 9/14/2011(Lupkin, Jonathan) Modified on 9/8/2011 (ka).
August 31, 2011 Filing 33 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Counterclaims or to Strike.. Document filed by Ashot Egiazaryan. (Lupkin, Jonathan)
August 31, 2011 Filing 32 DECLARATION of Jonathan D. Lupkin in Support re: #31 MOTION to Dismiss Counterclaims or to Strike.. Document filed by Ashot Egiazaryan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lupkin, Jonathan)
August 31, 2011 Filing 31 MOTION to Dismiss Counterclaims or to Strike. Document filed by Ashot Egiazaryan. Responses due by 9/14/2011(Lupkin, Jonathan)
August 29, 2011 Filing 30 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 8/24/2011 re: Mr. Egiazaryan requests leave to move against defendant's counterclaims. ENDORSEMENT: Premotion conference waived for proposed motion to dismiss the counterclaims. (Signed by Judge P. Kevin Castel on 8/29/2011) (tro)
August 18, 2011 Filing 29 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 8/17/2011 re: Counsel to defendant/counterdefendant requests a modest, one-week adjournment to September 2, 2011 to reply to counterclaim. ENDORSEMENT: Time to answer or move extended to September 2, 2011. Ashot Egiazaryan answer due 9/2/2011. (Signed by Judge Naomi Reice Buchwald for Judge P. Kevin Castel on 8/18/2011) (djc)
August 16, 2011 Filing 28 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint.. Document filed by Peter Zalmayev. (Attachments: #1 Certificate of Service)(Golden, James)
August 5, 2011 Filing 27 AMENDED ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Ashot Egiazaryan. Document filed by Peter Zalmayev. (Golden, James)
August 5, 2011 Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #27) - ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Peter Zalmayev. Document filed by Peter Zalmayev.(Golden, James) Modified on 8/11/2011 (ldi).
August 1, 2011 Filing 25 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss the Complaint.. Document filed by Ashot Egiazaryan. (Attachments: #1 Appendix to Ashot Egiazaryan's Memorandum of Law in Opposition to Motion for Partial Dismissal of the Complaint, #2 Appendix Tab No. 1, #3 Appendix Tab No. 2, #4 Appendix Tab No. 3, #5 Appendix Tab No. 4, #6 Appendix Tab No. 5, #7 Appendix Tab No. 6, #8 Appendix Tab No. 7, #9 Appendix Tab No. 8, #10 Appendix Tab No. 9, #11 Appendix Tab No. 10, #12 Appendix Tab No. 11, #13 Appendix Tab No. 12, #14 Appendix Tab No. 13)(Shehigian, Grant)
July 27, 2011 Filing 24 ENDORSED LETTER addressed to Judge P. Kevin Castel from Thomas B. Roberts dated 7/27/2011 re: Counsel for the Defendant writes to request a short extension of time from 7/27/2011 to 8/5/2011 to file their answer to Count I on the complaint and his counterclaim. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 7/27/2011) (ab)
July 18, 2011 Filing 23 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 7/18/2011 re: Counsel for the Plaintiff writes to request that plaintiff's opposition papers on defendant's motion to dismiss be due 8/1/2011 and defendant's reply paper be due 8/16/2011. ENDORSEMENT: Revised schedule approved. (Responses due by 8/1/2011. Replies due by 8/16/2011.) (Signed by Judge P. Kevin Castel on 7/18/2011) (ab)
June 27, 2011 Opinion or Order Filing 22 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S. C section 636(c). This case is to be tried to a jury. Deposition due by 1/13/2012. All Expert Discovery due by 2/27/2012. Next Case Management Conference set for 2/3/2012 at 10:30 AM before Judge P. Kevin Castel.Count 1: defendant to answer the complaint as to Court 1 by July 27, 2011 with counterclaim. Discovery schedule anticipates Hague Convention discovery. Additional relief as set forth in this Order. (Signed by Judge P. Kevin Castel on 6/27/11) (pl)
June 27, 2011 Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference held on 6/27/2011. Status Conference set for 2/3/2012 at 10:30 AM before Judge P. Kevin Castel. (ft)
June 23, 2011 Filing 21 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 6/23/2011 re: Requesting that following briefing schedule : Opposition papers to be served and filed by July 25, 2011 and reply papers to be served and filed on or before August 9, 2011. ENDORSEMENT: Ok. Schedule approved. (Signed by Judge P. Kevin Castel on 6/23/2011) (jpo)
June 22, 2011 Filing 20 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan D. Lupkin dated 6/22/2011 re: As requested by chambers, I am writing to confirm that the Rule 16 conference in this case, presently scheduled for Friday 6/24/2011 adjourned until Monday 6/27/2011 at 2:30 p.m.. ENDORSEMENT: Conference adjourned to 6/27/2011 at 2:30 p.m. from 6/24/2011. Initial Conference set for 6/27/2011 at 02:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/22/2011) (mbe)
June 22, 2011 Filing 19 NOTICE OF APPEARANCE by Thomas B. Roberts on behalf of Peter Zalmayev (Roberts, Thomas)
June 21, 2011 Opinion or Order Filing 18 ENDORSED LETTER addressed to Judge P. Kevin Castel from firm of Hamburg & Golden dated 6/17/11 re: Pursuant to Your Honor's Individual Practices I request leave to file a motion to dismiss counts 2 -5 of the complaint pursuant to Fed. R. Civ. P. 12(b)(6) or a conference to obtain leave to file the motion. The time to answer or otherwise respond to the complaint has been extended to June 20, 2011, and I am prepared to file the motion at that time. ENDORSEMENT: Premotion conference waived. File motion. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/21/11) (djc)
June 21, 2011 Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint.. Document filed by Peter Zalmayev. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Cert. of Service)(Golden, James)
June 21, 2011 Filing 15 MOTION to Dismiss the Complaint. Document filed by Peter Zalmayev. Responses due by 7/20/2011 (Attachments: #1 Cert. of Service)(Golden, James)
June 21, 2011 CASHIERS OFFICE REMARK on #12 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/15/2011, Receipt Number 9354. (jd)
June 20, 2011 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION of James P. Golden on behalf of Defendant Peter Zalmayev. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge P. Kevin Castel on 6/20/11)(OK to docket purs to Chambers) (djc) Modified on 6/30/2011 (djc).
June 20, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney James P. Golden to RE-FILE Document #14 MOTION to Dismiss the Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
June 20, 2011 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss the Complaint. Document filed by Peter Zalmayev. Responses due by 7/20/2011 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Golden, James) Modified on 6/21/2011 (ldi).
June 17, 2011 Filing 13 MEMO-ENDORSEMENT; re: granting #9 Motion to Withdraw as Attorney. Attorney Mark Alan Cymrot terminated. ENDORSEMENT: Motion granted. (Signed by Judge P. Kevin Castel on 6/17/11) (pl)
June 15, 2011 Filing 12 MOTION for James P. Golden to Appear Pro Hac Vice. Document filed by Peter Zalmayev.(pgu)
June 14, 2011 Opinion or Order Filing 11 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney James P. Golden for Peter Zalmayev admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel on 6/14/11) (laq)
June 14, 2011 Opinion or Order Filing 10 STIPULATION TO EXTEND TIME TO ANSWER MOVE OR OTHERWISE PLEAD IN RESPONSE TO THE COMPLAINT: The parties stipulate that the time for Peter Zalmayev to answer, move, or otherwise plead in response to the Complaint is extended ten days from June 10 to June 20, 2011. So Ordered (Signed by Judge P. Kevin Castel on 6/14/2011) (js)
June 7, 2011 Filing 9 MOTION for Mark Alan Cymrot to Withdraw as Attorney. Document filed by Peter Zalmayev. (Attachments: #1 Text of Proposed Order Proposed Order)(Cymrot, Mark)
June 7, 2011 Filing 8 NOTICE OF APPEARANCE by Andrew J Ryan on behalf of Peter Zalmayev (Ryan, Andrew)
May 23, 2011 Filing 6 ENDORSED LETTER addressed to Judge P. Kevin Castel from Mark C. Zauderer dated 5/18/2011 re: Counsel for the Plaintiff writes to request that the Court rescheduled the initial pretrial conference, currently scheduled for 6/8/2011. Counsel has consented to an extension of time for defendant to respond to the Complaint to 6/10/2011. ENDORSEMENT: IPTC is adjourned from 6/8/2011 to 6/24/2011 at 12:45 PM. (Initial Conference set for 6/24/2011 at 12:45 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/23/2011) (ab)
May 12, 2011 Filing 7 STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE PLEAD IN RESPONSE TO THE COMPLAINT: It is hereby sitpulated and agreed by and between the parties that the time for Defendant Peter Zalmayev to answer, move or otherwise response to the Complaint is extended until June 10, 2011. (Signed by Judge P. Kevin Castel on 5/12/2011) (jpo)
May 10, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Mark Alan Cymrot to E-MAIL Document No. #5 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (ldi)
May 10, 2011 Filing 5 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to File Answer re: #1 Complaint, Move or Otherwise Plead. Document filed by Peter Zalmayev.(Cymrot, Mark) Modified on 5/11/2011 (ldi).
May 10, 2011 Filing 4 NOTICE OF APPEARANCE by Mark Alan Cymrot on behalf of Peter Zalmayev (Cymrot, Mark)
April 25, 2011 Opinion or Order Filing 3 ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/8/2011 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 4/25/2011) (rjm)
April 25, 2011 Filing 2 AFFIDAVIT OF SERVICE. Peter Zalmayev served on 4/20/2011, answer due 5/11/2011. Service was accepted by Peter Zalmayev. Document filed by Ashot Egiazaryan. (Cohen, Jason)
April 19, 2011 Filing 1 COMPLAINT against Peter Zalmayev. (Filing Fee $ 350.00, Receipt Number 1004573)Document filed by Ashot Egiazaryan.(ama) (Additional attachment(s) added on 4/20/2011: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (ama).
April 19, 2011 SUMMONS ISSUED as to Peter Zalmayev. (ama)
April 19, 2011 Case Designated ECF. (ama)
April 19, 2011 Magistrate Judge Gabriel W. Gorenstein is so designated. (ama)

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Search for this case: Egiazaryan v. Zalmayev
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Plaintiff: Ashot Egiazaryan
Represented By: Mark Carl Zauderer
Represented By: Grant Alan Shehigian
Represented By: Jason Todd Cohen
Represented By: Jonathan Daniel Lupkin
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Petitioner: Clear Voice Inc.
Represented By: Michael C. Rakower
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Defendant: Peter Zalmayev
Represented By: Andrew J Ryan
Represented By: Mark Alan Cymrot
Represented By: James P. Golden
Represented By: Thomas B. Roberts
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Interested party: Rinat Akhmetshin
Represented By: Kim Hoyt Sperduto
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