Alves Decastro et al v. Kavadia et al

Plaintiff:	Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited
Defendant:	Deepak Kavadia and Nice Gems, Inc.
Claimant:	HARRIS J. MATTHEW
Alternative Dispute Resolution (Adr) Provider:	MATTHEW J. HARRIS
Case Number:	1:2012cv01386
Filed:	February 24, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of U.S.
Presiding Judge:	Jesse M Furman
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By:	Both

Date Filed	Document Text
January 14, 2019	CASHIERS OFFICE REGISTRY DISBURSEMENT as per #440 Order, dated 1/10/2019, from Judge Jesse M. Furman, on 1/11/2019 disbursed to pay Law Offices Stuart L. Melnick, LLC $10,000.00 Check No. 01903244 dated 1/11/2019 (cco)
January 10, 2019	Filing 440 ORDER DIRECTING PAYMENT OF UNCLAIMED DIVIDEND: NOW it is ORDERED, that the United States Treasury, by check, pay to Law Offices Stuart L. Melnick, LLC as attorneys for Jose Maria Alves DeCastro, et al. in the amount of $10,000.00 as such person's unclaimed dividend from FUND 613300. (Signed by Judge Jesse M. Furman on 1/10/2019) (ne) Transmission to Finance Unit (Cashiers) for processing.
January 9, 2019	Filing 439 LETTER addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 9, 2019 re: Order Directing Payment of Unclaimed Dividend. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)
January 9, 2019	CASHIERS OFFICE REGISTRY DISBURSEMENT as per #438 Order on Motion for Conference,,,,, dated 12/6/2018, from Judge Jesse M. Furman, on 1/7/2019 disbursed to pay Kaufman & Serota, As Attys $60,256.19 Check No. 01902303 dated 1/7/2019 (cla)
December 11, 2018	CASHIERS OFFICE REGISTRY DISBURSEMENT as per #435 Memorandum & Opinion, Set Hearings,,,,,,,,,,,, dated 11/28/2018, from Judge Jesse M. Furman, on 12/5/2018 disbursed to pay Matthew J. Harris $40,000.00 Check No. 01902275 dated 12/5/2018 (cla)
December 6, 2018	Filing 438 ORDER REGARDING DISBURSEMENT OF FUNDS, BANKRUPTCY STAY, AND ADMINISTRATIVE CLOSURE granting #437 Letter Motion for Conference. The Court hereby adopts the terms of the agreement as stated the letter-motion and incorporates them into this Order. Accordingly, after subtracting the $40,000 that the Court has awarded to Matthew Harris, Esq. (if that amount has not already been disbursed to Mr. Harris), see Docket No. 435, the Clerk of Court is directed to disburse the remaining funds as described in the letter-motion. In light of the foregoing, it is further ORDERED that the conference previously scheduled for December 19, 2018 is CANCELLED. Finally, because the settlement agreement and this Order resolve all claims in this action not subject to the automatic bankruptcy stay, see Docket Nos. 315, 324, this action is administratively closed subject to the right of either Plaintiffs or Defendants to move to reopen within 21 days of the conclusion of bankruptcy proceedings, or the lifting or modification of the automatic stay as applied to this action. The Clerk of Court is directed to terminate Docket No. 437 and to administratively close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/6/2018) (ne) Transmission to Finance Unit (Cashiers) for processing.
December 6, 2018	Terminate Transcript Deadlines (ne)
December 5, 2018	Filing 437 FIRST LETTER MOTION for Conference Joint Cancellation Request For Cancellation of Conference Ordered in Doc. No. 435 for 12/19/2018 at 3:30 PM as no longer necessary because of Joint Settlement Agreement dated 12/4/2018 Doc. No. 436 addressed to Judge Jesse M. Furman from Jointly From Stuart Serota, Esq. and Stuart L. Melnick, Esq. dated December 4, 2018. Document filed by Gideon Finkelstein. Return Date set for 12/19/2018 at 03:30 PM.(Blum, Benjamin)
December 5, 2018	Filing 436 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. and Stuart L. Melnick, Esq. Joint Letter dated December 4, 2018 re: Joint Settlement Agreement Letter Settling Remaining Claims To Monies On Deposit With The Clerk Of The Court As Directed By Order Dated Nov. 28, 2018 (Doc. No. 435). Document filed by Gideon Finkelstein.(Blum, Benjamin)
November 28, 2018	Filing 435 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court finds that $90,000 is a fair and reasonable amount to award Harris for his services rendered in this case. Because Plaintiffs already paid Harris $50,000, however, the Court fixes the amount of Harris's lien at $40,000. (Harris Aff. 1). Once that amount is disbursed to Harris, a substantial portion of the proceeds from the sale of the diamonds (approximately $60,000) will still remain on deposit with the Court. It is therefore ORDERED that all parties (including Finkelstein) who claim an interest in the proceeds on deposit appear for a conference before the Court on December 19, 2018 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York New York, to discuss the appropriate next steps to be taken regarding the remaining funds. The parties are directed to confer prior to the conference and, thereafter, to submit a joint letter addressing that topic and whether there is anything the Court can do to facilitate a settlement of any remaining claims to the proceeds no later than December 13, 2018. The Clerk of Court is directed to disburse $40,000 from the amount held in the Court's registry to Mr. Harris. SO ORDERED. (Status Conference set for 12/19/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/28/2018) (ne) Transmission to Finance Unit (Cashiers) for processing.
October 27, 2018	Filing 434 OPPOSITION BRIEF re: #433 Affirmation in Support of Motion, Affirmation Response In Opposition to Third Application filed on 10/17/18 by Plaintiff(s)' Former Counsel Matthew J. Harris. Document filed by Gideon Finkelstein.(Blum, Benjamin)
October 17, 2018	Filing 433 AFFIRMATION of Matthew J. Harris in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN .. Document filed by MATTHEW J. HARRIS. (Attachments: #1 Exhibit Exh. A Time Sheets, #2 Exhibit Exh. B Retainer Agreement, #3 Exhibit Exh. C Blumberg Bill, #4 Exhibit Exh. D Arora Bill, #5 Exhibit Exh. E Arora Bill, #6 Exhibit Exhibit F Nachbar Bill)(Harris, Matthew)
October 3, 2018	Filing 432 OPINION AND ORDER re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN filed by Jose Maria Alves Decastro. For the foregoing reasons, the Court grants Harris's motion to enforce the attorney's charging lien. Further, no later than two weeks from the date of this Opinion and Order, Harris shall file a submission detailing the amount to which he is entitled based on the fair and reasonable value of his services, along with detailed time records in support of his submission. Any opposition to Harris's submission shall be filed within four weeks from the date of this Opinion and Order. The Court will reserve judgment on the amount of the lien pending those submissions. The Clerk of Court is directed to terminate Docket No. 391. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/3/2018) (ne)
October 2, 2018	CASHIERS OFFICE REGISTRY DEPOSIT as per #428 Consent Order, dated 8/1/2018, from Judge Judge Jesse M. Furman, received $59,337.50 from Miles & Stockbridge P.C. Receipt Number 19000001 on 10/2/2018. (cde)
October 1, 2018	Filing 431 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel for Dunbar Armored, Inc. dated 10/01/2018 re: Final status report re: results of second auction of rough-cut diamonds. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
August 31, 2018	Filing 430 LETTER addressed to Judge Jesse M. Furman from Richard L. Costella, Counsel for Dunbar Armored, Inc. dated 08/31/2018 re: Status report re: Second Auction. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Misken, Kenneth)
August 30, 2018	Filing 429 ORDER re: #428 Consent Order. No later than September 4, 2018, counsel for Dunbar shall submit an update letter, advising - among other things - whether the remaining diamonds were sold in the August 23rd auction and, if so, for how much; when settlement is anticipated; and when the net proceeds would likely be submitted into the Court registry. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/30/2018) (Text Only Order) (Furman, Jesse)
August 2, 2018	Filing 428 SECOND CONSENT ORDER AUTHORIZING SALE OF DIAMONDS: It is hereby: ORDERED, that Dunbar Armored, Inc., d/b/a Dunbar Global Logistics ("Dunbar"), is authorized to contract with Alex Cooper Auctioneers Inc. ("Cooper") for the auction of all Diamonds not sold at the initial auction (collectively, the "Remaining Diamonds"); and it is further ORDERED, that the Auction (the "Auction") shall be conducted upon the following terms, which terms are general in nature and not intended to be an exhaustive list of the terms governing the Auction: (a) the Auction shall be held on August 23, 2018; (b) the Auction shall be conducted live and/or online with a simultaneous broadcast with interactive live/absentee bidding; and as further set forth in this order. ORDERED: Miles & Stockbridge is authorized to pay to Dunbar, out of the sale proceeds, the amount of $2,500.00 as reimbursement for costs and fees incurred as part of the Auction. (Signed by Judge Jesse M. Furman on 8/1/2018) (ne)
August 1, 2018	Filing 427 PROPOSED CONSENT ORDER. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Misken, Kenneth)
August 1, 2018	Filing 426 LETTER addressed to Judge Jesse M. Furman from Kenneth Misken, Counsel for Dunbar Armored, Inc. dated 08/01/2018 re: Second Consent Order Authorizing Sale of Diamonds. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
July 18, 2018	Filing 425 ORDER terminating #423 Letter Motion to Adjourn Conference. Upon review of the parties' (numerous) letters and the positions set forth therein regarding how to proceed in this matter, the Court sees no need at this time to reschedule the conference previously scheduled for yesterday. Mr. Finkelstein's claims regarding Dunbar's and Alex Cooper Auctioneers' roles in the current predicament are off-base and misdirected, and his arguments in support of the path forward he suggests border on frivolous. Despite wanting out of its role in this case for some time, Dunbar has been holding the diamonds pursuant to an Order of the Court, and there is no valid basis to question the way it or Alex Cooper Auctioneers handled the first auction. In light of that, the Court sees no reason not to allow Dunbar and Alex Cooper Auctioneers to attempt again to sell the remaining diamonds, with the cash proceeds to be allocated as directed by the Court. Accordingly, by no later than August 1, 2018, counsel for Dunbar shall confer with all other counsel and submit a proposed order (on ECF and, by e-mail, in Microsoft Word format) directing that the diamonds referred to as the "Treated Lot" and the "Delinquent Lot" be sold at the August 23, 2018, Alex Cooper auction, with $2,500 of the proceeds from the sale going to Dunbar for attorneys' fees and costs and the remainder to be submitted within three business days of the auction to the Court registry to be disbursed at the Court's direction. The standard Terms and Conditions set forth on the Alex Cooper website (https://bid.alexcooper.com/conditions-of-sale) shall apply to the auction unless the parties agree or the Court orders otherwise. The Clerk of Court is directed to terminate Docket No. 423. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/2018) (ne) Modified on 7/19/2018 (ne).
July 17, 2018	Filing 424 ORDER with respect to #423 Letter Motion to Adjourn Conference. Today's conference is CANCELLED. The Court will enter an additional order in due course. The Court extends its best wishes to Mr. Serota for a speedy recovery. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 17, 2018	Filing 423 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Lila Serota, Esq. for Stuart Serota, Esq. dated July 17, 2018. Document filed by Gideon Finkelstein.(Blum, Benjamin)
July 16, 2018	CASHIERS OFFICE REGISTRY DEPOSIT as per #390 Consent Order, dated 3/2/2018, from Judge Judge Jesse M. Furman, received $40,918.69 from Miles Stockbridge P.C. Receipt Number 465400478 on 7/12/2018. (cde)
July 13, 2018	Filing 422 ORDER granting #421 Motion for Richard Lawrence Costella to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 13, 2018	Filing 421 MOTION for Richard Lawrence Costella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15318757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice)(Costella, Richard)
July 13, 2018	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #421 MOTION for Richard Lawrence Costella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15318757. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 12, 2018	Filing 420 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel for Dunbar Armored, Inc. dated 07/12/2018 re: Third Reply to letters of Gideon Finkelstein (Dkt. 417 & 419). Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
July 12, 2018	Filing 419 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated July 12, 2018 re: Creditor Finkelstein's Reply With Documentary Exhibits To Letter of 7/11/18 [Doc. No. 418] Written By Miles & Stockbridge, P.C. (Kenneth M. Misken, Esq.) To The Court. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Exhibit 1 - Alex Cooper Auctioneer Advertisement Of Having 2 Gemologists On Staff, #2 Exhibit Exhibit 2 - Miles & Stockbridge Notice Of Sale Of Loose And Rough Diamonds, #3 Exhibit Exhibit 3 - Alex Cooper Auctioneer's Catalogue Descriptions of 14 Diamonds Lots)(Blum, Benjamin)
July 11, 2018	Filing 418 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, counsel for Dunbar Armored, Inc. dated 07/11/18 re: Letter submitted by counsel to Gideon Finkelstein [Dkt. 408]. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
July 11, 2018	Filing 417 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated July 10, 2018 re: Creditor Finkelstein's Withdrawal Of His Consent To Auction Sale And Proposal For Other Relief. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Consent Order Authorizing Sale Of Diamonds Dated March 2, 2018, #2 Exhibit Collectively Finkelstein Letters To Court of 6/15/18 and 6/26/18)(Blum, Benjamin)
July 5, 2018	Filing 416 ORDER: The conference scheduled for July 16, 2018, is hereby RESCHEDULED to July 17, 2018, at 2:00 p.m. SO ORDERED. (Status Conference set for 7/17/2018 at 02:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/5/2018) (ne)
July 5, 2018	Filing 415 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel for Dunbar Armored, Inc. dated 07/05/2018 re: Next auction scheduled for August 23, 2018. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
June 29, 2018	Filing 414 ORDER re: #413 Letter, filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. The conference scheduled for July 2, 2018, is hereby ADJOURNED to July 16, 2018, at 4:00 p.m. In light of that delay, the July Alex Cooper auction date is obviously not an option. Accordingly, counsel to Dunbar shall file a letter in advance of the conference explaining when an auction could be held by Alex Cooper assuming the Court approves that option at the July 16th conference. Counsel for Mr. Finkelstein is directed to contact the United States Marshal Service, in both this District and the District of Maryland, to determine whether the diamonds could be auctioned off by the Marshal Service and, if so, what that would involve. Counsel shall submit a letter regarding those matters in advance of the conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/29/2018) (Text Only Order) (Furman, Jesse)
June 29, 2018	Filing 413 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel to Dunbar Armored, Inc. dated 06/29/2018 re: Continuance of conference scheduled for July 2, 2018 @ 3:45 p.m.. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
June 29, 2018	Filing 412 ORDER re: #411 Letter filed by Jose Maria Alves Decastro. Mr. Melnick is granted leave to participate by telephone. He shall arrange for a conference-call line and provide the necessary dial-in information to counsel for Dunbar and to Chambers in advance of the conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/29/2018) (Text Only Order) (Furman, Jesse)
June 28, 2018	Filing 411 LETTER addressed to Judge Jesse M. Furman from Stuart L. Melnick dated June 28, 2018 re: Request to Appear Telephonically for 7/2/18 Conference. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)
June 28, 2018	Filing 410 ORDER: The Court will hold a conference on July 2, 2018, at 3:45 p.m. to address the disposition of the remaining diamonds. Counsel for Dunbar is granted leave to participate by telephone and shall make the necessary arrangements with Chambers in advance. As the Court has noted before, Mr. Harris lacks standing to opine on the disposition of the diamonds and will not be heard at the conference; additionally, the Court will disregard the letters that he has filed on the matter. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/28/2018) (Text Only Order) (Furman, Jesse)
June 27, 2018	Filing 409 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 06/27/2018 re: Response to letters by Kenneth Misken (06/25/2018) and Stuart Serota (06/26/2018).. Document filed by HARRIS J. MATTHEW.(Harris, Matthew)
June 26, 2018	Filing 408 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated June 26, 2018 re: Opposition To Dunbar's NEW REQUEST Made 6/25/18 & Proposed Alternative In Light Of Admissions Made By Dunbar In Such Pacer ECF 6/25/18 Filing. Document filed by Gideon Finkelstein.(Blum, Benjamin)
June 25, 2018	Filing 407 LETTER addressed to Judge Jesse M. Furman from Dunbar Global dated 06/25/2018 re: Reply to letter and proposed Order of Stewart Serota.. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
June 22, 2018	Filing 406 ORDER re: #404 Letter, filed by Gideon Finkelstein. Dunbar shall file a response to Mr. Serota's letter and proposed order by June 25, 2018, addressing - among other things - the concerns expressed about Alex Cooper's handling of the auction and the procedures that would be used in the event that Alex Cooper were authorized to conduct another auction. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/22/2018) (Text Only Order) (Furman, Jesse)
June 18, 2018	Filing 405 LETTER addressed to Judge Jesse M. Furman from Mathew J. Harris dated 06/18;2018 re: Opposition to letter and proposed Order of Stewart Serota. Document filed by HARRIS J. MATTHEW.(Harris, Matthew)
June 17, 2018	Filing 404 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated June 15, 2018 re: Opposition To Dunbar's Request And/Or Proposed Alternative with Proposed Order attached. Document filed by Gideon Finkelstein. (Attachments: #1 Text of Proposed Order Proposed Order)(Blum, Benjamin)
June 14, 2018	Filing 403 ORDER re: #402 Letter filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. Any party that opposes Dunbar's request for authorization to sell the "Treated Lots" and the "Delinquent Lots" in the Alex Cooper auction scheduled for July 19, 2018, shall file a letter stating the reasons for such opposition - and proposing an alternative way of proceeding in light of the latest developments - no later than June 18, 2018. If any party believes that the Court should hold a conference, that party shall file a letter motion to that effect by the same date. In the absence of any opposition or requests for a conference, the Court will grant Dunbar's request without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/2018) (Text Only Order) (Furman, Jesse)
June 14, 2018	Filing 402 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated June 14, 2018 re: Status Report. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit)(Misken, Kenneth)
April 2, 2018	Filing 401 REPLY MEMORANDUM OF LAW in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by HARRIS J. MATTHEW. (Harris, Matthew)
March 26, 2018	Filing 400 CERTIFICATE OF SERVICE. Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)
March 26, 2018	Filing 399 MEMORANDUM OF LAW in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)
March 22, 2018	Filing 398 MEMORANDUM OF LAW in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . Finkelstein's Exhibits 1-10 To Opposition. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Exhibits 1-4, #2 Exhibit Exhibits 5-10)(Blum, Benjamin)
March 22, 2018	Filing 397 MEMORANDUM OF LAW in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by Gideon Finkelstein. (Blum, Benjamin)
March 22, 2018	Filing 396 AFFIRMATION of Stuart Serota, Esq. in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN .. Document filed by Gideon Finkelstein. (Blum, Benjamin)
March 20, 2018	Filing 395 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/18 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...(McGuirk, Kelly)
March 20, 2018	Filing 394 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018.(McGuirk, Kelly)
March 11, 2018	Filing 393 MEMORANDUM OF LAW in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by HARRIS J. MATTHEW, MATTHEW J. HARRIS. (Attachments: #1 Exhibit JUDGMENT, #2 Exhibit Affidavit of Service, #3 Exhibit AFFIDAVIT OF SERVICE, #4 Exhibit BILLS, #5 Exhibit AGREEMENT)(Harris, Matthew)
March 11, 2018	Filing 392 AFFIRMATION of MATTHEW J. HARIS in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit AGEEMENT, #2 Exhibit BILLS, #3 Exhibit ARORA, #4 Exhibit NACHBAR)(Harris, Matthew)
March 11, 2018	Filing 391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 2, 2018	Filing 390 CONSENT ORDER AUTHORIZING SALE OF DIAMONDS: ORDERED: Miles & Stockbridge P.C., counsel for Dunbar Armored, Inc. d/b/a Dunbar Global logistics (the substitute custodian and referred to herein as "Dunbar"), is authorized to contract with Alex Cooper Auctioneers Inc. for the auction of the diamonds upon, including but not limited to, the following terms: (See document.) ORDERED: Within 10 days after the payment of Dunbar's custodian fees and allowed attorneys' fees and costs, Miles & Stockbridge shall deliver the remaining proceeds from the sale of the diamonds into the registry of the Court to be disbursed at the Court's discretion, and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/2/2018) (ras)
March 2, 2018	Filing 389 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated March 2, 2018 re: Consent Order Authorizing Sale of Diamonds. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Text of Proposed Order)(Misken, Kenneth)
February 28, 2018	Filing 388 ORDER granting #387 Letter Motion for Extension of Time to submit proposed order. The deadline for Dunbar to submit a proposed order authorizing the sale of the diamonds is hereby EXTENDED to March 2, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 28, 2018	Filing 387 LETTER MOTION for Extension of Time to submit proposed order addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 02/28/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
February 26, 2018	Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 2/26/2018. Court reporter present. (ab)
February 26, 2018	Filing 386 ORDER: As discussed on the record at the conference held this afternoon, counsel for Dunbar shall confer with all other counsel and submit an agreed upon proposed order (on ECF and, by email, in Microsoft Word format) directing that the fourteen diamonds at issue be sold at auction, with the proceeds going first to Dunbar and then to the Court registry to be disbursed at the Court's direction. Mr. Harris's Petition is denied without prejudice to renewal by formal motion in accordance with the Local Rules, which shall be filed within two weeks of today's date; any opposition to Mr. Harris's motion shall be filed within two weeks of the motion; and any reply shall be filed within one week of the opposition. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/26/2018) (Text Only Order) (Furman, Jesse)
February 22, 2018	Filing 385 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. and Stuart L. Melnick, Esq. dated February 21, 2018 re: Joint Status Letter as Ordered on 1/4/18. Document filed by Gideon Finkelstein.(Blum, Benjamin)
February 22, 2018	NOTICE: The time for the conference in this matter, scheduled for February 26, 2018, is changed from 3:30 p.m. to 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Alexandra Smallman, Courtroom Deputy) (ab)
February 8, 2018	Filing 384 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated February 8, 2018 re: Reply to Opposition of Gideon Finkelstein to Petition for Enforcement of Attorney Charging Lien. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A Retainer, #2 Exhibit B Judgement)(Harris, Matthew)
February 2, 2018	Filing 383 CERTIFICATE OF SERVICE. Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)
February 2, 2018	Filing 382 MEMORANDUM OF LAW in Opposition to the Petition of Matthew J. Harris to Enforce Charging Lien. Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)
February 1, 2018	Filing 381 SECOND MEMORANDUM OF LAW re: #370 Letter, . Document filed by Gideon Finkelstein. (Attachments: #1 Appendix Index Of Exhibits To Finkelstein Memorandum Of Law In Opposition, #2 Exhibit Unpaid Judgment 12/31/14 of NY State Supreme Court with Underlying Decision & Order, #3 Exhibit UCC-1 Filed 11/14/13 By Finkelstein Against DeCastro and DJJ As To 14 Diamonds, #4 Exhibit Finkelstein's Verified Complaint In NY State Supreme Court Action, #5 Exhibit 9/29/17 Decision & Order of NY State Supreme Court On The Merits, #6 Exhibit Affidavit Of Factual Basis By Finkelstein 6/25/14, #7 Exhibit Non-Party Affidavit Of Gadi Elkabas, #8 Exhibit Court Appointed Expert's Appraisal Valuation Report As To 14 Diamonds, #9 Exhibit Certificate Of Service)(Blum, Benjamin)
February 1, 2018	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Benjamin Robert Blum. Document Nos. [377-380] Exhibit(s). These documents are not filed via ECF. (db)
January 30, 2018	Filing 380 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Certificate Of Service of Finkelstein's Opposition To Petition of Matthew J. Harris. Document filed by Gideon Finkelstein. (Blum, Benjamin) Modified on 2/1/2018 (db).
January 30, 2018	Filing 379 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Finkelstein's Opposition To Petition Of Matthew J. Harris. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Finkelstein's Verified Complaint In NY State Action)(Blum, Benjamin) Modified on 2/1/2018 (db).
January 30, 2018	Filing 378 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Finkelstein's Opposition To Petition Of Matthew J. Harris. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit 9/29/17 NY State Supreme Court Decision & Order On The Merits, #2 Exhibit Finkelstein's Affidavit Of Factual Basis In NY State Supreme Court Action, #3 Exhibit Non-Party Affidavit of Gadi Elkabas In NY State Supreme Court Action, #4 Exhibit Court Appointed Expert's Appraisal/Valuation Report As To 14 Diamonds)(Blum, Benjamin) Modified on 2/1/2018 (db).
January 30, 2018	Filing 377 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Opposition To Petition By Matthew J. Harris. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Unpaid NY State Supreme Court Judgment filed 12/31/14 with underlying Decision & Order, #2 Exhibit UCC-1 Filed 11/14/13 By Finkelstein)(Blum, Benjamin) Modified on 2/1/2018 (db).
January 30, 2018	Filing 376 MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Opposition To Petition of Matthew J. Harris. Document filed by Gideon Finkelstein. (Blum, Benjamin)
January 30, 2018	Filing 375 AFFIRMATION of Stuart Serota, Esq. in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018.. Document filed by Gideon Finkelstein. (Blum, Benjamin)
January 29, 2018	Filing 374 ORDER granting #373 Letter Motion for Extension of Time. The deadline for any opposition to Mr. Harris's Petition to Enforce is EXTENDED to February 2, 2018, and the deadline for any reply is EXTENDED to February 9, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 29, 2018	Filing 373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)
January 25, 2018	Filing 372 RESPONSE re: #370 Letter, to Petition by Matthew J. Harris for Enforcement of Charging Lien. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A)(Misken, Kenneth)
January 17, 2018	Filing 371 ORDER re: #370 Petition to Enforce Charging Lien. Any opposition to Mr. Harris's Petition to Enforce shall be filed by January 30, 2018; any reply shall be filed by February 6, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/2018) (Text Only Order) (Furman, Jesse)
January 16, 2018	Filing 370 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 01.16.2018 re: Petition to Enforce Charging Lien. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A - Affidavit of Service, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Retainer Agreement, #4 Exhibit D - Bills)(Harris, Matthew)
January 11, 2018	Filing 369 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNENCE proceeding held on 12/11/17 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...(McGuirk, Kelly)
January 11, 2018	Filing 368 TRANSCRIPT of Proceedings re: CONFERNECE held on 12/11/2017 before Judge Jesse M. Furman. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/11/2018.(McGuirk, Kelly)
January 4, 2018	Filing 367 ORDER granting #365 Letter Motion to Adjourn Conference. The January 10, 2018 conference is hereby ADJOURNED to February 26, 2018, at 3:30 p.m. (In light of the adjournment, the Court sees no need to address #366 the letter of Mr. Harris at this time, except to say that it is unclear whether Mr. Harris, as former counsel, has standing to litigate the issues he raises.) No further adjournments will be granted on the basis of continuing settlement discussions. If the remaining disputes are not settled by the conference, the parties should be prepared to propose an expedited means of resolving them. No later than the Thursday before the conference, the parties shall file a joint status letter, addressing both where things stand and how they propose to resolve any remaining disputes. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 4, 2018	Filing 366 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated January 4, 2018 re: Accept Memoranda of Law and Schedule Hearing. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Judgement, #2 Exhibit Affidavit of Service, #3 Exhibit Restraining Notice)(Harris, Matthew)
January 4, 2018	Filing 365 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Stuart Serota, Esq. with Stuart L. Melnick, Esq. dated January 4, 2018. Document filed by Gideon Finkelstein. Return Date set for 1/10/2018 at 03:30 PM.(Blum, Benjamin)
January 3, 2018	Filing 364 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. and Stuart L. Melnick, Esq. jointly dated January 3, 2018 re: Update For Court by Counsels as Ordered. Document filed by Gideon Finkelstein.(Blum, Benjamin)
December 28, 2017	Filing 363 ORDER terminating #322 Letter Motion for Leave to File Order from NJ Bankruptcy Court lifting automatic stay in in this case. See Docket No. 324. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 24, 2017	Filing 362 NOTICE OF CHANGE OF ADDRESS by Stuart L. Melnick on behalf of All Plaintiffs. New Address: Law Offices Stuart L. Melnick, LLC, 60 East 42nd Street, Suite 4600, New York, NY, United States 10165, 2126019274. (Melnick, Stuart)
December 11, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 12/11/2017. Stuart Melnick present for Plaintiff. Stuart Serota present for Finkelstein. Kenneth Misken present for Dunbar. Court reporter present. (ab)
December 7, 2017	Filing 361 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated December 7, 2017 re: Status Conference. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Attachment to Letter)(Misken, Kenneth)
December 7, 2017	Filing 360 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. with Stuart L. Melnick, Esq. dated December 7, 2017 re: Court Ordered Update with Appraisal Report attached. Document filed by Gideon Finkelstein.(Blum, Benjamin)
December 6, 2017	Filing 359 ORDER granting #358 Letter Motion to Participate by Telephone in the December 11, 2017 Conference. Counsel shall contact Chambers to make arrangements to participate by telephone. On a related note, in the letter to be submitted by December 7, 2017, counsel should not only update the Court on the status of the appraisal, but also include counsel's views on how the Court should proceed in light of the appraisal and other circumstances. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 6, 2017	Filing 358 LETTER MOTION for Conference requesting appearance at December 11, 2017 Status Conference by telephone addressed to Judge Jesse M. Furman from Kenneth M. Misken dated December 6, 2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
November 14, 2017	Filing 357 ORDER re: #356 Letter filed by Gideon Finkelstein. The status conference is ADJOURNED to December 11, 2017, at 11 a.m. The parties are hereby ORDERED to file a letter, no later than December 7, 2017, updating the Court on the results of the appraisal. Counsel is reminded that requests for adjournment should be made by letter-motion filed on ECF, not ordinary letter. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/2017) (Text Only Order)(Furman, Jesse)
November 14, 2017	Filing 356 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated November 14, 2017 re: Adjournment of Status Conference presently scheduled for 11/16/17. Document filed by Gideon Finkelstein.(Blum, Benjamin)
November 1, 2017	Filing 355 ORDER: granting #323 Letter Motion for Leave to File Document and re: #322 Letter. In light of this letter, Mr. Harris's motion to withdraw (Docket No. 323) is GRANTED and he is permitted to withdraw, subject to a charging lien in the amount of $132,750. The Clerk of Court is directed to substitute Mr. Melnick as counsel for Plaintiffs; to terminate Mr. Harris; and to terminate Docket Nos. 322 and 323. (Signed by Judge Jesse M. Furman on 11/1/2017) (ap)
October 31, 2017	Filing 354 LETTER addressed to Judge Jesse M. Furman from Stuart L. Melnick dated October 31, 2017 re: Text Only Order, dated October 27, 2017. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)
October 27, 2017	Filing 353 ORDER re: #352 Letter, filed by Jose Maria Alves Decastro. Mr. Melnick shall advise the Court no later than November 1, 2017, if it is his intention and desire to substitute for Mr. Harris and, by the same date, respond to Mr. Harris's request for reconsideration. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/27/2017) (Text Only Order)(Furman, Jesse)
October 27, 2017	Filing 352 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 10/27/2017 re: Request for judge to reconsider previous Motion to Withdraw as Counsel. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Bills, #2 Exhibit Agreement)(Harris, Matthew)
October 27, 2017	Filing 351 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 27, 2017 re: cc to Court of Letter re examination of 14 diamonds for appraisal. Document filed by Gideon Finkelstein.(Blum, Benjamin)
October 25, 2017	Filing 350 NOTICE OF APPEARANCE by Stuart L. Melnick on behalf of Jose Maria Alves Decastro. (Melnick, Stuart)
October 25, 2017	Filing 349 MEMO ENDORSEMENT on re: #348 Letter filed by Gideon Finkelstein. ENDORSEMENT: In light of this letter, and the letter from Dunbar Armored, Inc., dated October 17, 2017 (Docket No. 343), the Court's Order of October 10, 2017 (Docket No. 342) is hereby modified as follows: 1. The appraisal shall take place, within twenty-one days of the date of this endorsed letter, at the Dunbar Armored Cash Vault Facility located at 4983 Mercantile Drive, White Marsh, Maryland 21236. 2. The opening of the container and appraisal shall take place in a secured room under camera with one of Dunbar's regional security officers present. 3. The repackaging and securing of the diamonds would take place within the same room and time period. (Signed by Judge Jesse M. Furman on 10/25/2017) (ras)
October 25, 2017	Filing 348 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 25, 2017 re: Appraisal of 14 diamonds. Document filed by Gideon Finkelstein.(Blum, Benjamin)
October 18, 2017	Filing 347 ORDER re: #346 Letter filed by Gideon Finkelstein. Dunbar shall promptly investigate the costs and feasibility of transporting the diamonds to Manhattan and confer with counsel for Plaintiffs and Mr. Finkelstein. No later than October 25, 2017, counsel for Mr. Finkelstein shall file a joint update letter advising the Court of the relevant parties' respective positions. In the meantime, the deadline for the appraisal to be conducted is hereby stayed. (Signed by Judge Jesse M. Furman on 10/18/2017) (Furman, Jesse)
October 18, 2017	Filing 346 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 18, 2017 re: appraisal of 14 diamonds. Document filed by Gideon Finkelstein.(Blum, Benjamin)
October 18, 2017	Filing 345 CERTIFICATE OF SERVICE of Court Order served on Jose Maria Alves DeCastro and DJJ Mining & Services (PIVATE) Limited on 10/12/2017. Service was made by US Mail. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
October 17, 2017	Filing 344 ORDER re: #343 Letter filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. The Court is dismayed to learn that counsel did not consult with Dunbar in connection with the proposed order they had submitted. The Court is inclined to grant Dunbar's request for modifications of the Order of October 10th, but will give counsel for Plantiffs and Mr. Finkelstein an oppportunity to be heard. Any objections shall be submitted by letter no later than tomorrow, October 18, 2017. (Signed by Judge Jesse M. Furman on 10/17/2017) (Furman, Jesse)
October 17, 2017	Filing 343 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated October 17, 2017 re: October 10, 2017 Order. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
October 10, 2017	Filing 342 ORDER: In furtherance of the Court's prior September 14,2017 Order,Mr. Itzhak Friedman of Simka Diamonds, located at 580 Fifth Avenue, Suite 709,New York, NY 10036, telephone nos. (212) 921-4420 or (845) 238-0923, shall be the diamond expert to do an independent appraisal and proximate written valuation of the 14 Diamonds in U.S. Dollars as set forth in the said 9/14/2017 Order.The said appraisal shall be conducted in Manhattan, New York at the above office of Simka Diamonds or at such other location in Manhattan, New York as shall be designated by Dunbar Global Logistics the Court's appointed custodian of the 14 Diamonds. Dunbar Global Logistics shall produce the 14 Diamonds for Mr. Itzhak Friedman to appraise in the continual, uninterrupted presence of a representative of Dunbar Global Logistics. At no time shall the 14 Diamonds, or any parties) thereof, be removed from the presence and custody of their Court appointed custodian Dunbar Global Logistics. The physical appraisal by Mr. Itzhak Friedman of the 14 Diamonds shall be conducted within twenty (20) days of the date of this Order. Plaintiffs or a representative of Plaintiffs holding written authorization from Plaintiffs may be present at the appraisal. Mr. Gideon Finkelstein (Judgment Creditor/Holder of UCC-1 on the 14 Diamonds) or his representative holding written authorization from him may also be present at the appraisal. Matthew J. Harris, Esq. and Stuart Serota, Esq. are each directed to be present at the appraisal. Mr. Harris shall promptly serve a copy of this Order on Plaintiffs. Mr. Harris shall file proof of such service on the docket. (Signed by Judge Jesse M. Furman on 10/10/2017) (js)
October 10, 2017	Filing 341 MEMO ENDORSED on re: #339 Letter, filed by Jose Maria Alves Decastro. ENDORSEMENT: Plaintiffs should not file any such motion or memorandum at this time. Counsel for Plaintiffs, counsel for Mr. Finkelstein, and counsel for Dunbar shall confer within one week of receiving the appraisal of the 14 diamonds and submit a joint letter to the Court advising the Court of the results of the appraisal and proposing how to proceed under the circumstances (including whether a conference is appropriate). (Signed by Judge Jesse M. Furman on 10/10/2017) (js)
October 5, 2017	Filing 340 CERTIFICATE OF SERVICE of COURT ORDER served on Jose Maria Alves DeCastro, DJJ Minng & Sevces (PRIVATE) LIMITED on SEPTEMBER 18, 2017. Service was made by FEDEX. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
October 5, 2017	Filing 339 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated October 4, 2017 re: Status of related case in New York Supreme Court; request to submit Memorandum of Law. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Decisions in related case)(Harris, Matthew)
October 5, 2017	Filing 338 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 4, 2017 re: Compliance With 9/14/17 Order. Document filed by Gideon Finkelstein.(Blum, Benjamin)
September 14, 2017	Filing 337 ORDER: As discussed at yesterday's conference, the Court reserves judgment on the ownership of the 14 diamonds at issue in this lawsuit and the motion by Plaintiffs' counsel, Matthew J. Harris, to withdraw as counsel. Further, it is hereby ORDERED that Mr. Harris, Plaintiff DeCastro (if he wishes), and counsel for Gideon Finkelstein shall attend a conference on November 16, 2017, at 3:00 p.m. EST, in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. If Mr. DeCastro will not be in the United States on that date and wishes to participate in the conference by telephone, he shall make arrangements with Chambers prior to the conference by calling (212) 805-0282. Counsel are expected to be present at the conference. No later than the Thursday of the week prior to the conference, Mr. Harris and counsel for Mr. Finkelstein shall file on ECF a joint letter notifying the Court of the status of the state court proceedings and the appraisal of the 14 diamonds. The parties shall also advise the Court within 72 hours of any material developments in the state court proceedings. Finally, counsel should confer with respect to whether an independent appraisal of the 14 diamonds is feasible and, if so, submit an agreed upon proposed order or competing orders. Mr. Harris shall promptly serve a copy of this Order on Plaintiffs. By September 20, 2017, Mr. Harris shall file proof of such service on the docket. (Status Conference set for 11/16/2017 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/14/2017) (ras)
September 13, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 9/13/2017. Matthew Harris present for Plaintiff. Stuart Serota present for Gideon Finkelstein, the judgment creditor. Kenneth Misken present (via phone) for Dunbar. Court reporter present. (ab)
September 12, 2017	Filing 336 ORDER granting #335 Letter Motion requesting telephonic appearance at the 9/13/2017 Status Conference. Counsel for Dunbar should make arrangements with Chambers to participate in the status conference by telephone. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 12, 2017	Filing 335 LETTER MOTION for Conference requesting telephonic appearance at the 9/13/2017 Status Conference addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 09/12/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
August 24, 2017	Filing 334 ORDER re: #333 Letter filed by Jose Maria Alves Decastro. In light of the state court conference, the conference in this matter is ADJOURNED from September 7, 2017, to September 13, 2017, at 3:00 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/24/2017) (Furman, Jesse)
August 23, 2017	Filing 333 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 08/23/2017 re: Status of related case in New York Supreme Court. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
August 23, 2017	Filing 332 CERTIFICATE OF SERVICE of Order served on Stuart Serota, Esq. on 08.23/2017. Service was made by Mail. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
August 23, 2017	Filing 331 CERTIFICATE OF SERVICE of Order served on JOSE MARIA ALVES DECASTRO and DJJ-MINING & SERVICES (PRIVATE) LIIMITED on 08/23, 2017. Service was made by FedEx. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
August 22, 2017	Filing 330 ORDER: In order to address the above issues namely, ownership (or possession) of the Fourteen Diamonds and Mr. Harris' motion to withdraw as counsel it is ORDERED that Mr. Harris, Plaintiff DeCastro (if he wishes), and counsel for Mr. Finkelstein attend a conference on September 7, 2017, at 2:30 p.m. EDT, in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. In light of the pending bankruptcy and the bankruptcy trustee's statements to the Court, neither Defendants nor the bankruptcy trustee need appear at the conference. If Mr. DeCastro will not be in the United States on that date and wishes to participate in the conference by telephone, he shall make arrangements with Chambers prior to the conference by calling (212) 805-0282. Counsel are expected to be present at the conference. The participants shall be prepared to discuss: Mr. Harris motion to withdraw as counsel and Plaintiffs' intent to either retain new counsel or proceed pro se; and the significance, if any, of the fact that Mr. Finkelstein's default judgment is against only DJJ Mining and that the jury trial was limited to liability only as between Plaintiff DeCastro and Defendant Deepak Kavadia. (See Docket No. 308 Ex. 4, at 2 (instructing the jury that "At the beginning of the case, I told you that DJJ-Mining & Services (Private) Limited and Nice Gems, Inc. were also parties. You will not, however, be asked to deliberate on any claims for or against these companies. That is, the only claims and counterclaims you will be asked to consider are those by Mr. DeCastro against Mr. Kavadia and those by Mr. Kavadia against Mr. DeCastro."); see also Docket. No. 309 Ex. 11 (verdict form)). Mr. Harris shall promptly serve a copy of this Order on Plaintiffs and Mr. Finkelstein's counsel. By August 25, 2017, Mr. Harris shall file proof of such service on the docket, and as further set forth in this order. Set Deadlines/Hearing as to (Motion Hearing set for 9/7/2017 at 2:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/22/2017) (ap) Modified on 8/22/2017 (ap).
August 5, 2017	Filing 329 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated 8/5/2017 re: DeCastro vs. Kavadia. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit State Court Order to Show Cause to Vacate Judgment, #2 Exhibit Finkelstein Opposition Part I, #3 Exhibit Finkelstein Opposition Part II)(Blum, Benjamin)
July 28, 2017	Filing 328 CERTIFICATE OF SERVICE of Motion to Withdraw as Counsel served on Jose Maria Alves DeCastro, DJJ-Minng & Services (Private) limited on July 27, 2014. Service was made by FeDex. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
July 27, 2017	Filing 327 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 7-27-17 re: Proof of Service of Orders and Letter. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
July 27, 2017	Filing 326 ORDER: By letter dated July 26, 2017, Defendants' counsel, Andrew Lavoott Bluestone, submits that Defendants' bankruptcy trustee is the proper party to address Defendants' claim to the 14 diamonds at issue in this lawsuit. Dkt. No. 325. Accordingly, it is ORDERED that: 1. Mr. Bluestone shall promptly provide the Court's July 26th Order, a copy of his letter, and this Order, to the bankruptcy trustee and Defendants' bankruptcy counsel, and shall docket proof of such service; 2. By August 7, 2017, Plaintiffs or the bankruptcy trustee shall move to substitute the trustee for Defendants, unless the Court orders otherwise based on a letter proposing another way to proceed; and 3. The deadlines for (a) Defendants' letter as to whether they intend to file a post-trial motion regarding the 14 diamonds and (b) Defendants' objections to Mr. Harris's motion to withdraw as counsel are EXTENDED until one week after the substitution issue is resolved. Plaintiffs' deadline to file any opposition to Mr. Harris's motion to withdraw remains the same. (Motions due by 8/7/2017.) (Signed by Judge Jesse M. Furman on 7/27/2017) (ras)
July 26, 2017	Filing 325 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 7-26-17 re: Order. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
July 26, 2017	Filing 324 ORDER: It is hereby ORDERED that: This case is REOPENED and the stay LIFTED as to the 14 diamonds. Mr. Harris' letter-motion seeking leave to file a motion to be relieved as counsel is GRANTED. The Court construes Mr. Harris' letter-motion as his motion. Mr. Harris shall promptly serve his motion, supporting papers, and a copy of this Order on Plaintiffs. By August 3, 2017, Mr. Harris shall file proof of service on the docket. Any opposition, from Plaintiffs or Defendants, to Mr. Harris' motion to be relieved as counsel shall be filed by August 10, 2017. Any reply shall be filed by August 17, 2017. By July 31, 2017, Defendants shall inform the Court by letter whether they intend to file a post-trial motion regarding the 14 diamonds. If so, the Court will set a briefing schedule. Unless and until Mr. Harris is relieved as counsel, Mr. Harris shall file a status letter with this Court within 72 hours of any decision by the New York Supreme Court on DJJ Mining's order to show cause. SO ORDERED. (Responses due by 8/10/2017. Replies due by 8/17/2017.) (Signed by Judge Jesse M. Furman on 7/26/2017) (anc)
July 24, 2017	Filing 323 LETTER MOTION for Leave to File 1. Notice of Motion to Withdraw as Counsel; 2. Affirmation of Mathew J. Harris in Support of Motion to Withdraw as Counsel addressed to Judge Jesse M. Furman from Matthew J. Harris dated 07/24/2017. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Notice of Motion to Withdraw as Counsel, #2 Affirmation of Matthew J. Harris in Support of Motion to Withdraw as Counsel)(Harris, Matthew)
July 22, 2017	Filing 322 LETTER MOTION for Leave to File Order from NJ Bankruptcy Court lifting automatic stay in in this case addressed to Judge Jesse M. Furman from Matthew J. Harris dated 07/22/2017. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Order issued by NJ Bankruptcy Court)(Harris, Matthew)
May 15, 2017	Filing 321 ORDER: Upon reflection, in light of the automatic stay by reason of section 362 of the Bankruptcy Code (Docket No. 315), the above entitled action is administratively closed subject to the right of either party to reopen within 21 days of either the conclusion of bankruptcy proceedings or the lifting or modification of the automatic stay as applied to this action. (Signed by Judge Jesse M. Furman on 5/15/2017) (ras)
April 5, 2017	Filing 320 ORDER: granting #314 Letter Motion to Compel. compelling Plaintiffs to pay Dunbar's attorney's fees for the period of January 1, 2017, to February 21, 2017. (Docket No. 314). The Court gave Plaintiffs until April 4, 2017 to oppose Dunba's request. (Docket No. 317). Plaintiffs have not filed any opposition. Upon review of Dunbar's unopposed submission, the Court finds that the number of hours and fees are reasonable. Accordingly, Dunbar's letter motion is granted as unopposed, and Plaintiffs are ORDERED to pay Dunbar $9,021.50 by May 5, 2017. Failure to do so may result in sanctions. Finally, Plaintiffs are encouraged to continue to satisfy their commitments to Dunbar in a timely fashion; further litigation will only add to Plaintiffs' financial obligations. The Clerk of Court is directed to terminate Docket No. 314. (Signed by Judge Jesse M. Furman on 4/5/2017) (ap)
March 29, 2017	Filing 319 ORDER with respect to #318 Gideon Finkelstein's letter of March 29, 2017. It is neither here nor there at this time given that the Court lacks authority to proceed with respect to the property held by Dunbar, but counsel is referred to the letter endorsed and docketed on May 1, 2012, that inventories the property held by Dunbar. (Docket No. #31 ). The Court will refrain from commenting further on the property held by Dunbar until such time that the automatic stay is no longer in effect. (Signed by Judge Jesse M. Furman on 3/29/2017) (Furman, Jesse)
March 29, 2017	Filing 318 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated March 29, 2017 re: Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited v. Deepak Kavadia, Nice Gems Inc.. Document filed by Gideon Finkelstein.(Blum, Benjamin)
March 29, 2017	Filing 317 ORDER with respect to #314 Dunbar Armored, Inc.'s Letter Motion to Compel payment of allowed enforcement costs or, in the alternative, allow the sale of the diamonds; and #316 Gideon Finkelstein's Letter regarding custody of the fourteen diamonds. No later than April 4, 2017, Plaintiff shall file any opposition to Dunbar's application for additional fees. In light of Mr. Kavadia's bankruptcy, and the Court's Order of March 28, 2017 (Docket No. #315 ), Dunbar's application is denied without prejudice to the extent that it seeks, in the alternative, to allow the sale of the diamonds. For similar reasons, Mr. Finkelstein's letter regarding his interest in the property held by Dunbar is premature. In light of the bankruptcy, the Court cannot take any action with respect to that property. (As an aside: Mr. Finkelstein suggests that Dunbar is holding both the fourteen rough diamonds and 1600 carats of other diamonds, but the Court is under the impression that it is only the former.) Additionally, if or when the bankruptcy stay is lifted, the Court will (as it has indicated previously) give all interested parties, including Mr. Finkelstein, an opportunity to be heard before taking any action with respect to the property held by Dunbar. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 28, 2017	Filing 316 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated March 28, 2017 re: Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited v. Deepak Kavadia, Nice Gems Inc.. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Exhibit A - Matthew Harris Esq. letter with exhibits of 3/25/2017, #2 Exhibit Exhibit B - Restraining Notice to Garnishee Dunbar dated 12-7-2016, #3 Exhibit Exhibit C - UCC-1 Financing Statement filed by Gideon Finkelstein on 11/14/2013, #4 Exhibit Exhibit D - Dunbar's written acknowledge of receipt of 12/7/16 Restraining Notice, #5 Exhibit Exhibit E- NY State Court Judgment entered 12/31/14, #6 Exhibit Exhibit F - Decision and Order in NY State Court Case of 12/23/14, #7 Exhibit Exhibit G - Finkelstein NY State Court Summons and Verified Complaint, #8 Exhibit Exhibit H - Gideon Finkelstein;s Affidavit of Factual Basis sworn to on June 25, 2014, #9 Exhibit Exhibit I - Federal Court Order for Transfer of Diamonds and Appointment of Dunbar As Substitute Custodian, #10 Exhibit Exhibit J - Copies of Bank Wire Transfers totaling $380,000, #11 Exhibit Exhibit K - Plaintiff's Responses to Defendant's Statement of Material Facts)(Blum, Benjamin)
March 28, 2017	Filing 315 ORDER: On March 24, 2017, Defendants Deepak Kavadia and Nice Gems, Inc. filed a Chapter 7 voluntary petition in the United States Bankruptcy Court, District of New Jersey. See Dkt. No. 311. Accordingly, it is ORDERED that this action is hereby stayed consistent with the automatic stay provisions of the United States Bankruptcy Code, 11 U.S.C. 362, unless and until the bankruptcy proceedings are terminated or Plaintiffs obtain relief from the Bankruptcy Court. Case Stayed. (Signed by Judge Jesse M. Furman on 3/27/2017) (kgo) Modified on 3/28/2017 (kgo).
March 28, 2017	Filing 314 LETTER MOTION to Compel payment of allowed enforcement costs or, in the alternative, allow the sale of the diamonds addressed to Judge Jesse M. Furman from Kenneth M. Misken dated March 28, 2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Misken, Kenneth)
March 28, 2017	Terminate Transcript Deadlines (kgo)
March 25, 2017	Filing 313 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 03/25/2017 re: Release of Diamonds from Dunbar to Plaintiff. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 24, 2017	Filing 312 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-24-17 re: Petition in Bankruptcy. Document filed by Deepak Kavadia.(Bluestone, Andrew)
March 24, 2017	Filing 311 SUGGESTION OF BANKRUPTCY upon the record for Deepak Kavadia. Document filed by Deepak Kavadia(Bluestone, Andrew)
March 13, 2017	Filing 310 ORDER: On March 10, 2017, the jury returned a verdict, awarding $380,000 to Plaintiff on his contract claim, awarding $30,000 to Defendant on his contract counterclaim, and finding that Plaintiff did not defame Defendant. (See Court Exhibit 11 (Docket No. 309)). In light of the anticipated post-trial motions from both parties, the Court believes that Dunbar Global Logistics should continue to hold the 14 rough-cut diamonds in accordance with the Court's prior Orders. If any party believes that the Court should take any action regarding the 14 diamonds prior to resolution of the post-trial motions, he or it should file a letter motion to that effect. (Signed by Judge Jesse M. Furman on 3/13/2017) (kgo)
March 13, 2017	Filing 309 ORDER: Attached to this order are the notes sent by the jury to the Court during deliberations (Court Exhibits 5-9), the redacted versions of the transcript provided to the jury (Court Exhibit 10), and the jury's verdict form (Court Exhibit 11). The Court will refrain from entering judgment until it has resolved any post-trial motions (which, as discussed in Court on March 10, 2017, are due by March 31, 2017, with opposition and reply deadlines set pursuant to the Local Rules) and custody of the fourteen rough diamonds. (Signed by Judge Jesse M. Furman on 3/13/2017) (kgo)
March 10, 2017	JURY VERDICT. -- See Doc. #309 . (ab)
March 9, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Jury Trial completed on 3/9/2017. Closings held. Jury instructions given. Marshal sworn. Jury begins their deliberations. -- See transcript. (ab)
March 9, 2017	Filing 308 ORDER: Attached to this order are: Court Exhibit 1, which is the draft jury charge that was considered at the charge conference held on the record on March 8, 2017; Court Exhibit 2, which is the revised draft jury charge that was considered at the charge conference held on the record earlier today; Court Exhibit 3, which is a redline showing what was changed between Court Exhibit 1 and Court Exhibit 2 and was also discussed at the charge conference held earlier today; and Court Exhibit 4, which was the final version of the jury charge that was distributed to the jury and used to instruct the jury earlier today. (Signed by Judge Jesse M. Furman on 3/9/2017) (kgo)
March 9, 2017	Filing 307 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-9-17 re: Jury Charge. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Bluestone, Andrew)
March 8, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Jury Trial held on 3/8/2017. Plaintiffs' case continued. Plaintiffs rest. Defense case held. Defense rests. Jurors let go for the day. Charge conference held. -- See Transcript. Trial continued to 3/9/2017 at 9:00 am. (ab)
March 7, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Jury Trial begun on 3/7/2017. Matthew Harris present for Plaintiffs. Andrew Bluestone present for Defendants. Court reporter present. -- Jury panel sworn. Voir dire held. Jury selected and sworn. Jury instructions issued. Opening statements given. Plaintiffs' first, second, and third witnesses called. -- See Transcript. Trial continued to 3/8/2017 at 9:00 am. (ab)
March 6, 2017	Filing 306 JOINT PRETRIAL STATEMENT: This Court has subject matter jurisdiction over all claims in this action pursuant to 28 U.S.C. section 1322 based upon complete diversity of the parties. Plaintiff, Jose Maria Alves DeCastro, is an individual residing at Rua Direita de Luanda, No. 151-157, Luanda, Angola. Plaintiff, DJJ Mining & Services (Private) Limited, is a company duly formed in accordance with the laws of the Country of Angola, with its principal place of business located at Rua Direita de Luanda, No. 151-157, Luanda, Angola. Defendant, Deepak Kavadia is an individual residing at 18 Reiner Place, Englewood Cliffs, New Jersey 07632. Defendant, Nice Gems, Inc. is a corporation duly organized and existing pursuant to the laws of the State of New York, with its principal place of business located at 55 West 47th Street, New York, NY 10036. The amount in controversy exceeds $75,000.00. See 28 U.S.C. Section 1332(a). This is a jury trial which is matter is expected to last five (5) days. The Parties have not consented to trial of the case by a Magistrate Judge. (Signed by Judge Jesse M. Furman on 3/6/2017) (mro)
March 6, 2017	Filing 305 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-6-17 re: Pre-Trial Order and motions in limine. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
March 4, 2017	Filing 304 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 03/04/2017 re: Proposed Jury Instruction. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 3, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Final Pretrial Conference held on 3/3/2017. Matthew Harris present for Plaintiffs. Andrew Bluestone present for Defendants. Court reporter present. (ab)
March 3, 2017	Filing 303 ORDER for #201 Report and Recommendations. Despite the waiver, the Court has reviewed the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Specifically, the Court finds no clear error in Magistrate Judge Freeman's conclusion that contemporaneous time records are a prerequisite to an award of attorneys' fees. See, e.g., Scott v. City of New York, 626 F.3d 130, 133-34 (2d Cir. 2010). Accordingly, the Report and Recommendation is adopted in its entirety. (Signed by Judge Jesse M. Furman on 3/3/2017) (kgo)
March 3, 2017	Filing 302 Exhibit List Replacement to Def. Exhibit H. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
March 3, 2017	Filing 301 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-3-17 re: Electronic Devices. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
March 2, 2017	Filing 300 ORDER granting #299 Letter Motion Seeking To Be Excused from the Final Pretrial Conference. In light of Dunbar's letter, the issue of sanctions is moot (at least for now). Accordingly, counsel for Dunbar need not attend the conference tomorrow. Counsel should confer with one another before making any future applications to the Court with respect to either custodial fees or attorney's fees. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 2, 2017	Filing 299 LETTER MOTION for Conference re: 239 Order on Motion to Compel,, addressed to Judge Jesse M. Furman from Kenneth M. Misken dated March 2, 2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
February 28, 2017	NOTICE: Please be advised that the trial scheduled to begin on Tuesday, March 7, 2017, will be held in Courtroom 444 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (ab)
February 27, 2017	Filing 298 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 2-27-17 re: Appellate Division, First Department argument date. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
February 22, 2017	Filing 297 ORDER granting #296 Letter Motion to Adjourn the Final Pretrial Conference. The Final Pretrial Conference is ADJOURNED to March 3, 2017 at 2:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007. The Court will address the issues raised in the parties' letters of February 19 and 21, 2017 (Docket Nos. #294 and #295 ) at the conference; there is no need for further briefing at this time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 22, 2017	Filing 296 LETTER MOTION for Conference re: #279 Scheduling Order,,,, Seeking to change time of conference addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 2-22-17. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
February 21, 2017	Filing 295 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 2-21-17 re: Mr. Harris' Letter. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
February 19, 2017	Filing 294 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 02/19/2017 re: Pretrial Conference. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
February 7, 2017	Filing 293 ORDER granting #287 Letter Motion to Compel; and #292 Letter Motion to Continue. In light of Dunbar's letter of earlier today (Docket No. #292 ), the conference scheduled for tomorrow is ADJOURNED sine die. Further, upon review of Dunbar's and Plaintiffs' submissions (Docket Nos. #287 ) and #291 ), Dunbar's application for attorney's fees is GRANTED, and Plaintiffs are ordered to pay Dunbar $32,531.00 in fees for the period January 15, 2015, through December 31, 2016. Plaintiffs' conclusory assertion that the fee, "both in the rates per hour and the number of hours billed, is excessive" is meritless. (Docket No. #291 ). The rates per hour are consistent with rates that have been approved in this District for similar work. See, e.g., New Earthshell Corp. v. Jobookit Holdings Ltd., No. 14 Civ. 3602 (JMF), 2015 WL 2152681, at 1 (S.D.N.Y. May 7, 2015) (collecting cases), vacated and remanded on other grounds, 634 F. App'x 44 (2d Cir. 2015); Rubenstein v. Advanced Equities, Inc., No. 13 Civ. 1502 (PGG), 2015 WL 585561, at 6 (S.D.N.Y. Feb. 10, 2015). And to the extent that the number of hours billed is high, Plaintiffs have no one to blame but themselves, as they have dragged these collateral proceedings out by failing to satisfy their payment obligations in a timely fashion. Accordingly, Plaintiffs are ORDERED to pay Dunbar $32,531.00 by March 1, 2017, the day before the final pretrial conference. Additionally, by that same date, Plaintiffs shall provide sufficient funds to Dunbar to pay the custodian fees through June 2017. Failure to do either of the foregoing may result in sanctions, up to and including dismissal of some or all of Plaintiffs' claims. The parties should be prepared to address at the final pretrial conference (1) the appropriate sanction in the event Plaintiffs fail to comply with this Order and (2) whether Dunbar is entitled to additional attorney's fees for the period since December 31, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 7, 2017	Filing 292 LETTER MOTION to Continue addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 02/07/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
February 3, 2017	Filing 291 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 02/03/2017 re: Opposition to Defendants' bill for attorneys' fees' Request for Discovery Conference. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
January 25, 2017	Filing 290 ORDER granting #289 Letter Motion seeking leave to participate by telephone. For now, defense counsel is granted leave to participate by telephone - not to be absent altogether. Upon application from any party closer to the conference date, the Court will reassess if appropriate. Among other things, because some potential sanctions - including, for example, sale of the diamonds to satisfy the debt to Dunbar - could affect Defendants' interests, it may be preferable to reschedule for a date when counsel can attend in person. In any event, the Court can reassess that closer to the conference date. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 25, 2017	Filing 289 LETTER MOTION for Conference re: 288 Order on Motion to Compel,, addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 1/25/17. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
January 24, 2017	Filing 288 ORDER with respect to #287 Letter Motion to Compel. Per the Court's prior Order (Docket No. #286 ), Plaintiffs have until February 3, 2017, to respond to Dunbar's request for attorney's fees. Assuming the $15,000 has still not been paid, the parties shall then appear for a conference on February 8, 2017, at 2:30 p.m. At that time, Plaintiffs should be prepared to address why sanctions should not be imposed for the failure to pay Dunbar as required. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 23, 2017	Filing 287 LETTER MOTION to Compel Jose Maria Alves Decastro; DJJ Mining & Services (Private) Limited to Payment of rental and attorneys' fees addressed to Judge Jesse M. Furman from Kenneth M. Misken, Atty. for Dunbar Armored, Inc. dated 01/23/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Misken, Kenneth)
January 11, 2017	Filing 286 ORDER: As discussed on the record at yesterday's conference, Plaintiffs shall complete the payment of $15,000 to Dunbar to settle outstanding debts and pre-pay six months of rental fees by January 13, 2017. Plaintiffs and Dunbar shall also confer and discuss the issue of attorneys' fees owed. By January 23, 2017, Dunbar shall apprise the Court of the result of these discussions or, if necessary, file an application to fix the amount of fees owed. Plaintiffs' response, if any, must be filed by February 3, 2017. ( Motions due by 1/23/2017., Responses due by 2/3/2017) (Signed by Judge Jesse M. Furman on 1/11/2017) (mro) Modified on 1/11/2017 (mro).
January 10, 2017	Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 1/10/2017. Matthew Harris present for Plaintiffs. Andrew Bluestone present for Defendants. Kenneth Misken present (via telephone) for Dunbar. Court reporter present. (ab)
January 9, 2017	Filing 285 MEMO ENDORSEMENT on re: #284 Letter filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 1/9/2017) (mro)
January 6, 2017	Filing 284 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 1/6/2017 re: Witness. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
January 5, 2017	Filing 283 ORDER granting #282 Letter Motion Seeking Leave to Appear by Telephone at the Conference. Counsel shall make arrangements with Chambers to participate by telephone in the conference. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 5, 2017	Filing 282 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference re: #281 Memo Endorsement, Set Hearings to allow appearance by telephone addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 1/5/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth) Modified on 1/9/2017 (db).
January 5, 2017	Filing 281 MEMO ENDORSEMENT on re: #280 Letter re: REPORT ON PLAINTIFFS' SETTLEMENT WITH DUNBAR, filed by Jose Maria Alves Decastro. ENDORSEMENT: Counsel, including counsel for Dunbar, shall appear for a conference with the Court to address this matter on January 10, 2017, at 4:15 p.m. (Status Conference set for 1/10/2017 at 04:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/5/2017) (cla)
January 4, 2017	Filing 280 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 01/04/2017 re: REPORT ON PLAINTIFFS' SETTLEMENT WITH DUNBAR. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 19, 2016	Filing 279 SCHEDULING ORDER: As discussed during today's telephone conference, counsel shall (notwithstanding the arbitration in which defense counsel is scheduled to participate) appear for a final pretrial conference on March 2, 2017 at 3:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The final pretrial conference must be attended by the attorney who will serve as principal trial counsel. It is FURTHER ORDERED that the trial will begin on March 7, 2017, at 9:00 a.m. Counsel should familiarize themselves with the Courts Individual Rules and Practices for Trials, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=1046. Finally, Defendants are directed to file a more detailed proffer of the testimony to be given by a representative of the Diamond Industry Association no later than January 6, 2017. Plaintiffs' response, if any, must be filed by January 13, 2017. Final Pretrial Conference set for 3/2/2017 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Jury Trial set for 3/7/2017 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/19/2016) (mro)
December 16, 2016	Filing 278 MEMO ENDORSEMENT on re: #276 Letter re: Scheduling of Trial, filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: The Court will hold a telephone conference to discuss the scheduling of trial on December 19, 2016, at 11 a.m. At that time, Plaintiffs' counsel shall call the Court, with all counsel on the line, at (212) 805-0282. SO ORDERED. (Telephone Conference set for 12/19/2016 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/16/2016) (cla)
December 16, 2016	Filing 277 MEMO ENDORSEMENT on re: #271 Letter re: Permission to Move to Withdraw, filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: The motion to withdraw is GRANTED as unopposed. (See Docket Nos. 274-275). The Clerk of Court is directed to terminate Mr. Fraade as counsel. (Attorney Alan Peter Fraade terminated.) (Signed by Judge Jesse M. Furman on 12/16/2016) (cla)
December 15, 2016	Filing 276 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/15/16 re: Scheduling of Trial. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 15, 2016	Filing 275 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/15/16 re: Withdrawal of Attorney. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 15, 2016	Filing 274 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 12/15/2016 re: Withdrawal of Alan Fraade from representation of Defendants. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 15, 2016	Filing 273 MEMO ENDORSEMENT on re: #271 Letter re: Permission to Move to Withdraw, filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: No later than December 19, 2016, Mr. Bluestone shall file a letter indicating whether he and his clients (with whom he shall confer) consent to this request for withdrawal. If Plaintiffs object to withdrawal, they shall advise the Court by that same date. If the Plaintiffs do not file any objection and Mr. Bluestone indicates that he and his clients consent, the Court will grant the request to withdraw without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2016) (cla)
December 15, 2016	Filing 272 MEMO ENDORSEMENT on re: #270 Letter re: Dunbar Progress Report, filed by Jose Maria Alves Decastro. ENDORSEMENT: Application GRANTED. Plaintiffs shall provide an update no later than January 4, 2017. The Court encourages counsel to try in good faith to resolve any remaining issues and disagreements. (Signed by Judge Jesse M. Furman on 12/14/2016) (cla)
December 15, 2016	Filing 271 FIRST LETTER addressed to Judge Jesse M. Furman from Alan P. Fraade dated December 15, 2016 re: Permission to Move to Withdraw. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
December 14, 2016	Filing 270 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 14, 2016 re: Dunbar Progress Report. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 14, 2016	Filing 269 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/14/2016 re: Plaintiffs Letter Dated 12/14/2016. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 14, 2016	Filing 268 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 14, 2016 re: Addendum to Plaintiffs' Pretrial Statement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 14, 2016	Filing 267 MEMO ENDORSEMENT on #265 Letter re: Addendum to Pretrial Statement filed by Jose Maria Alves Decastro: Per the Court's endorsement entered November 10, 2016, today is the deadline for the parties to report on the status of the Dunbar situation. This letter does not satisfy that requirement as it is (inexplicably) an exact duplicate of the letter endorsed by the Court and entered on November 10th. (Docket No. 244). SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/2016) (ab)
December 13, 2016	Filing 266 ORDER granting #264 Letter Motion for Leave to File Document. Counsel should contact the ECF Help Desk in the event he has similar problems filing materials in the future. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 13, 2016	Filing 265 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 12/13/2016 re: Addendum to Pretrial Statement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 13, 2016	Filing 264 LETTER MOTION for Leave to File Memorandum in Opposition addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/13/2016. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Supplement)(Bluestone, Andrew)
December 9, 2016	Filing 263 ORDER granting #262 Letter Motion for Leave to File Document. Defendants' motion in limine is deemed amended by counsel's letter. The Court sees no need for a supplemental filing beyond the letter, let alone new motion papers. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 9, 2016	Filing 262 LETTER MOTION for Leave to File Supplemental Motion in Limine addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated December 9, 2016. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 7, 2016	Filing 261 COUNTER LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/5/2016 re: Letter by Mr. Harris. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 6, 2016	Filing 260 PROPOSED JURY INSTRUCTIONS. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 6, 2016	Filing 259 JOINT PRELIMINARY TRIAL REPORT. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 6, 2016	Filing 258 REQUEST TO CHARGE. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 6, 2016	Filing 257 PROPOSED JURY INSTRUCTIONS. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 6, 2016	Filing 256 PRETRIAL MEMORANDUM. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 6, 2016	Filing 255 Exhibit List . Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 5, 2016	Filing 254 PROPOSED JURY INSTRUCTIONS. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 5, 2016	Filing 253 PROPOSED JURY INSTRUCTIONS. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 5, 2016	Filing 252 PRETRIAL MEMORANDUM. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Supplement Motion in Limine Memo)(Bluestone, Andrew)
December 5, 2016	Filing 251 JOINT PRELIMINARY TRIAL REPORT. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 5, 2016	Filing 250 MEMO ENDORSEMENT on re: #248 Letter filed by Jose Maria Alves Decastro, #247 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: The parties are granted leave to file separate proposed pretrial orders and related materials on their own behalf - i.e., not jointly - and are granted an extension until tomorrow, December 6, 2016, to do so. The Court will address the issues of waiver and sanctions, if appropriate, after the parties have filed their pretrial materials. (Proposed Pretrial Order due by 12/6/2016.) (Signed by Judge Jesse M. Furman on 12/5/2016) (tn)
December 5, 2016	Filing 249 Exhibit List . Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 5, 2016	Filing 248 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 5, 2016 re: Filing of Pretrial Statement- with attachments. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 5, 2016	Filing 247 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 5, 2016 re: Filing of Pretrial Statement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
November 30, 2016	Filing 246 MEMO ENDORSEMENT on re: #245 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: Application GRANTED. (Signed by Judge Jesse M. Furman on 11/30/2016) (mro)
November 29, 2016	Filing 245 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 11/29/2016 re: Dunbar Global Logistics. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
November 10, 2016	Filing 244 MEMO ENDORSEMENT on re: #243 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 11/9/2016) (cf)
November 9, 2016	Filing 243 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 11/09/2016 re: Dunbar Global Logistics as Substitute Custodian. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
October 27, 2016	Filing 242 MEMO ENDORSEMENT on re: #241 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: The Court will defer any decision on an alternative custodian until after the November 2, 2016 payment deadline. Counsel should promptly (but, in no event, later than November 9, 2016) update the Court about Dunbar's willingness (or lack thereof) to continue acting as the custodian. (Signed by Judge Jesse M. Furman on 10/27/2016) (kgo)
October 26, 2016	Filing 241 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 10/26/2016 re: Substitute custodian. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
October 19, 2016	Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 10/19/2016. Matthew Harris present for Plaintiff. Andrew Blustone and Alan Fraade present for Defendants. Kenneth Misken present for Dunbar Armored, Inc. Court reporter present. (ab)
October 19, 2016	Filing 240 ORDER granting in part #220 Letter Motion to Compel Payment of Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. As discussed on the record earlier today, Dunbar's motion is granted to the extent it seeks an order compelling payment of amounts due from Plaintiff; Plaintiff is ordered to pay any and all amounts due no later than November 2, 2016. If, as of that date, there is any dispute with respect to whether Plaintiff owes additional moneys, Plaintiff and counsel for Dunbar shall confer and, within one week, shall propose a process to the Court to adjudicate any such dispute. Dunbar's motion is also granted to the extent it seeks appointment of a substitute custodian. Counsel, including counsel for Dunbar, shall confer and, no later than October 26, 2016, propose an appropriate alternative custodian (and submit a proposed order to effectuate the substitution); if the parties cannot agree on an appropriate substitute, they shall, by the same date, submit letter briefs addressing the issue not to exceed three pages. The proposed order effectuating the substitution shall make clear that the substitution has no effect on any rights Dunbar may have in the property in the event that Plaintiff does not cure the default by the deadline set above; the Court reserves judgment on the motion to the extent it addresses what rights, if any, Dunbar would have to sell the property at issue to satisfy any default. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 19, 2016	Filing 239 ORDER granting #238 Letter seeking extension of the joint pretrial order deadline. As discussed on the record earlier today, the deadline for the filing of the joint pretrial order and related materials is extended to December 5, 2016. No further extensions are likely to be granted absent extraordinary circumstances. Counsel is reminded that, consistent with the Court's Individual Rules and Practices and the SDNY ECF Rules and Instructions, requests for extensions and like must be filed as letter motions on ECF, not as ordinary letters. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 19, 2016	Filing 238 LETTER addressed to Judge Jesse M. Furman from Alan P. Fraade dated October 19, 2016 re: Joint Pretrial Order. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
October 13, 2016	Filing 237 LETTER addressed to Judge Jesse M. Furman from Alan P. Fraade dated October 13, 2016 re: Status Report. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
October 13, 2016	Filing 236 ORDER granting #234 Letter Motion to Participate By Telephone. Counsel for Dunbar is granted leave to participate by telephone. Counsel shall contact Chambers at (212) 805-0282 to make the necessary arrangements. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 13, 2016	Filing 235 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated October 13, 2016 re: Status Report. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Tores DEC SJM)(Harris, Matthew)
October 13, 2016	Filing 234 LETTER MOTION for Conference re: #232 Scheduling Order,, to allow appearance by telephone addressed to Judge Jesse M. Furman from Kenneth M. Misken dated October 13, 2016. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
October 12, 2016	Filing 233 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated October 13, 2016 re: Status Update. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A)(Misken, Kenneth)
October 7, 2016	Filing 232 NOTICE OF CONFERENCE: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that counsel for all parties appear for a conference with the Court on October 19, 2016, at 4:15 p.m. Unless notified by the Court, any Scheduling Order or Case Management Plan remains otherwise in effect notwithstanding the case's transfer. IT IS FURTHER ORDERED that each party must submit a letter to the Court, not to exceed five pages, updating the Court on the status of the case no later than October 13, 2016. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 10/7/2016) (ab)
October 7, 2016	NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Analisa Torres is no longer assigned to the case. (wb)
September 30, 2016	Filing 231 ORDER granting in part and denying in part #205 Motion for Partial Summary Judgment; granting in part and denying in part #229 Motion for Partial Summary Judgment. For the reasons stated above, it is ORDERED that Plaintiffs' motion for summary judgment is GRANTED as to Defendants' first, third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh, twelfth, and thirteenth counterclaims and DENIED as to Plaintiffs' ninth cause of action and Defendants' second and seventh counterclaims. Defendants' motion for summary judgment is GRANTED as to Plaintiffs' fifth, sixth, seventh, and eighth causes of action and DENIED as Plaintiffs' first, second, third, fourth, ninth, and tenth causes of action and Defendants' seventh, eighth, ninth, tenth, eleventh, twelfth, and thirteenth counterclaims. The Clerk of Court is directed to terminate the motions at ECF Nos. 205 and 229. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/30/2016) (kko)
September 22, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #228 Memorandum of Law in Support of Motion. ERROR(S): (1) No signature or s/. (2) Rule 56.1 Statement is filed separately, receiving its own document #. (db)
September 22, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #230 Memorandum of Law in Support of Motion. ERROR(S): Incomplete Document (i.e., No Court Type, No Parties, No Document Type). This is a Rule 56.1 Statement, the Event Type is found under - Other Answers. (db)
September 21, 2016	Filing 230 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . CORRECTED EXHIBIT 2, DEFENDANTS' STATEMENT OF FACTS AND PLAINTIFFS' RESPONSES. Document filed by Jose Maria Alves Decastro. (Harris, Matthew) Modified on 9/22/2016 (db).
September 21, 2016	Filing 229 FIRST MOTION for Partial Summary Judgment . Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
September 21, 2016	Filing 228 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . corrected exhibits. Document filed by Jose Maria Alves Decastro. (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)(Harris, Matthew) Modified on 9/22/2016 (db).
September 20, 2016	Filing 227 ORDER: The parties' submissions are deficient. First, Defendants failed to file their motion for summary judgment, and filed only a supporting memorandum of law. ECF No. 204. Despite notices on ECF to first file a motion for summary judgment and then link any supporting documents, Defendants did not comply. Second, multiple exhibits in support of Plaintiffs' memorandum of law appear to be filed as blank pages. ECF Nos. 208-2, 208-4. Accordingly, it is ORDERED that by September 21, 2016: 1. Defendants shall file a motion for summary judgment, indicating that the motion links back to ECF No. 204; and 2. Plaintiffs shall re-file correct copies of its supporting exhibits. Parties are warned that their failure to comply with this order, and all applicable rules, may result in sanctions, including striking the deficient submissions. (Motions due by 9/21/2016.) (Signed by Judge Analisa Torres on 9/20/2016) (kko) Modified on 9/21/2016 (kko).
September 2, 2016	Filing 226 REPLY MEMORANDUM OF LAW in Support re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. . Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A)(Misken, Kenneth)
August 26, 2016	Filing 225 ORDER re: #224 Letter, filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. Having reviewed Dunbar Armored, Inc.' s letter dated August 26, 2016, it is ordered that: 1. The request for a pre-motion conference is DENIED; and 2. By September 2, 2016, Dunbar Armored, Inc. shall file its reply. SO ORDERED. (Replies due by 9/2/2016.) (Signed by Judge Analisa Torres on 8/26/2016) (kko)
August 26, 2016	Filing 224 LETTER addressed to Judge Analisa Torres from KENNETH M. MISKEN dated AUGUST 26, 2016 re: Jose Marie Alves DeCastro; DJJ-Mining & Services (Private) Limited v. Deepak Kavadia; Nice Gems, Inc.; Case No.: 1:12-cv-01386-AT. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)
July 28, 2016	Filing 223 RESPONSE to Motion re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. Response by State Court Judgment Creditor. Document filed by Gideon Finkelstein. (Blum, Benjamin)
July 25, 2016	Filing 222 DECLARATION of Jose DeCastro in Opposition re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian.. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
July 15, 2016	Filing 221 DECLARATION of DEEPAK KAVADIA in Opposition re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)
July 1, 2016	Filing 220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Misken, Kenneth)
December 16, 2015	Filing 219 AFFIRMATION of Matthew J. Harris in Support re: #205 MOTION for Partial Summary Judgment .. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
December 16, 2015	Filing 218 REPLY AFFIRMATION of Alan P. Fraade in Support re: #207 FIRST MOTION for Summary Judgment Rule 56.1 Statement.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)
December 2, 2015	Filing 216 FIRST MEMORANDUM OF LAW in Opposition re: #205 MOTION for Partial Summary Judgment . . Document filed by Deepak Kavadia. (Fraade, Alan)
December 1, 2015	Filing 215 DECLARATION of Matthew J. Harris in Opposition re: #204 MOTION for Summary Judgment .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harris, Matthew)
November 23, 2015	Filing 214 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DJJ-Mining & Services (Private) Limited.(Harris, Matthew)
November 23, 2015	Filing 213 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nice Gems, Inc..(Fraade, Alan)
November 23, 2015	Filing 212 RULE 56.1 STATEMENT. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
November 23, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #209 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Wrong Filer Selected. (lb)
November 23, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #211 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Wrong Filer Selected. (lb)
November 20, 2015	Filing 211 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jose Maria Alves Decastro.(Harris, Matthew) Modified on 11/23/2015 (lb).
November 20, 2015	Filing 210 RULE 56.1 STATEMENT. Document filed by Deepak Kavadia. (Fraade, Alan)
November 20, 2015	Filing 209 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deepak Kavadia.(Fraade, Alan) Modified on 11/23/2015 (lb).
November 20, 2015	*NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #204 MOTION for Summary Judgment . Use the event type Memorandum in Support of Motion and Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. REMINDER** - Motion WAS NOT FILED. First file Motion for Summary Judgment, then file and link any supporting documents. (db)
November 20, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #207 FIRST MOTION for Summary Judgment Rule 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
November 19, 2015	Filing 208 MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . . Document filed by Jose Maria Alves Decastro. (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 Errata 9, #10 Exhibit 10, #11 Exhibit 11)(Harris, Matthew)
November 19, 2015	Filing 207 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment Rule 56.1 Statement. Document filed by Deepak Kavadia.(Fraade, Alan) Modified on 11/20/2015 (db).
November 19, 2015	Filing 206 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . . Document filed by Jose Maria Alves Decastro. (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)(Harris, Matthew) Modified on 11/19/2015 (db).
November 19, 2015	Filing 205 MOTION for Partial Summary Judgment . Document filed by Jose Maria Alves Decastro. Responses due by 12/2/2015(Harris, Matthew)
November 19, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #206 Memorandum of Law in Support of Motion. ERROR(S): No signature or s/. (db)
November 18, 2015	Filing 204 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit A of MOL - letter from Harris, #2 Affidavit of Deepak Kavadia, #3 Exhibit A of Affidavit of Deepak Kavadia, #4 Exhibit B of Affidavit of Deepak Kavadia)(Fraade, Alan) Modified on 11/20/2015 (db).
November 10, 2015	Filing 203 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated November 10, 2015 re: Report and Recommendation dated October 29, 2015. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
November 4, 2015	Filing 202 NOTICE OF CHANGE OF ADDRESS by Alan Peter Fraade on behalf of Deepak Kavadia, Nice Gems, Inc.. New Address: Mintz & Fraade, P.C., 271 Madison Avenue, 12th Floor, New York, New York, 10016, (212) 486-2500. (Fraade, Alan)
October 29, 2015	Filing 201 REPORT AND RECOMMENDATION: For the foregoing reasons, I recommend that Plaintiffs' application for an award of attorney's fees in the amount of $7,812.00 be DENIED. (As further set forth in this Report and Recommendation.) Objections to R&R due by 11/16/2015 (Signed by Magistrate Judge Debra C. Freeman on 10/29/2015) (mro)
October 27, 2015	Filing 200 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Hrarris dated 10/27/2015 re: Fee Application. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
October 23, 2015	Filing 199 ORDER: For all of the foregoing reasons, Plaintiffs are directed to supplement their fee application no later than October 30, 2015, by filing a sworn affidavit or declaration under penalty of perjury from Harris, detailing the process by which the time records underlying Plaintiffs' fee application were maintained. Plaintiffs are cautioned that a failure to demonstrate that counsel's fee records were maintained contemporaneously may result in this Court's recommending that no fees be awarded, despite the Court's sanctions ruling. If Defendants wish to respond to this supplemental submission, or to any other aspect of Plaintiffs' fee application, they are directed to do so no later than November 13, 2015. (Signed by Magistrate Judge Debra C. Freeman on 10/23/2015) (tn)
October 23, 2015	Set/Reset Deadlines: Responses due by 11/13/2015 (tn)
October 13, 2015	Filing 198 ORDER granting #197 LETTER MOTION for Extension of Time Response to Statement of Facts, 10,21/15; SJM, 11/18/15; Oppositions to SJM, 12, 02, 15; Replies, 12/16/15. addressed to Judge Analisa Torres from Matthew J. Harris dated October 12, 2015. Document filed by Jose Maria Alves Decastro. GRANTED. 1. By October 21, 2015, the parties shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1. By November 4, 2015, opposing parties shall reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it. 2. The parties shall file their respective summary judgment motions, along with their Rule 56.1 statements and the opposing party's responses, by November 18, 2015. 3. The parties shall file their respective opposition papers by December 2, 2015. 4. The parties shall file their respective replies by December 16, 2015. SO ORDERED. (Motions due by 11/18/2015). (Signed by Judge Analisa Torres on 10/13/2015) (rjm)
October 13, 2015	Set/Reset Deadlines: Responses due by 12/2/2015. Replies due by 12/16/2015. (rjm)
October 13, 2015	Filing 197 LETTER MOTION for Extension of Time Response to Statement of Facts, 10,21/15; SJM, 11/18/15; Oppositions to SJM, 12, 02, 15; Replies, 12/16/15. addressed to Judge Analisa Torres from Matthew J. Harris dated October 12, 2015. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
August 31, 2015	Filing 196 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated August 30, 2015 re: Accounting for attorney fees to make motion for sanctions ns. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
August 19, 2015	Filing 195 ORDER: It is ORDERED that: 1. By September 2, 2015, the parties shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1. By September 16, 2015, opposing parties shall reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it. 2. The parties shall file their respective summary judgment motions, along with their Rule 56.1 statements and the opposing party's responses, by October 14, 2015. 3. The parties shall file their respective opposition papers by October 28, 2015. 4. The parties shall file their respective replies by November 11, 2015. SO ORDERED. Motions due by 10/14/2015. Responses due by 10/28/2015 Replies due by 11/11/2015. (Signed by Judge Analisa Torres on 8/19/2015) (ajs)
August 13, 2015	Filing 194 ORDER denying #189 Motion to Compel for reasons stated on the record during a 8/13/15 conference call with counsel. All discovery in this action is closed. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
August 4, 2015	Filing 193 REPLY AFFIRMATION of Alan P. Fraade in Support re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)
August 3, 2015	Filing 192 AFFIRMATION of Matthew J. Harris in Opposition re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew)
August 3, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #191 Affirmation in Opposition to Motion. ERROR(S): No signature or s/. (db)
August 2, 2015	Filing 191 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Matthew J. Harris in Opposition re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew) Modified on 8/3/2015 (db).
July 21, 2015	Filing 190 AFFIRMATION of Alan P. Fraade in Support re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Notice of Discovery, #2 Exhibit Letter, #3 Exhibit Letter, #4 Exhibit Letter, #5 Exhibit Letter, #6 Exhibit Letter)(Fraade, Alan)
July 21, 2015	Filing 189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery . Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
July 21, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #188 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Documents. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
July 17, 2015	Filing 188 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Documents. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affirmation in Support, #2 Exhibit Further Notice of Discovery, #3 Exhibit Letter, #4 Exhibit Letter, #5 Exhibit Letter, #6 Exhibit Letter, #7 Exhibit Letter)(Fraade, Alan) Modified on 7/21/2015 (db).
July 9, 2015	Filing 187 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated 7/9/15 re: Motion to Compel. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
July 6, 2015	Filing 217 INTERNET CITATION NOTE: Material from decision with Internet citation re: #186 Order Adopting Report and Recommendations. (vf)
July 6, 2015	Filing 186 ORDER ADOPTING REPORT AND RECOMMENDATION for #150 Motion for Sanctions filed by Jose Maria Alves Decastro, #184 Report and Recommendations. For these reasons, the Court ADOPTS the R & R in its entirety. In accordance with the R & R, the jury shall be given an adverse inference instruction. Plaintiffs shall be awarded reasonable attorney's fees and costs in an amount to be determined by Judge Freeman. The Clerk of Court is directed to terminate the motion at ECF No. 150. SO ORDERED. (Signed by Judge Analisa Torres on 7/6/2015) (ajs)
May 27, 2015	Filing 185 OBJECTION to #184 Report and Recommendations Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)
May 13, 2015	Filing 184 REPORT AND RECOMMENDATION. For all of the reasons in this Report and Recommendation, I respectfully recommend that Plaintiffs' motion for sanctions (Dkt. 150) be resolved as follows: (1) The jury should be instructed that: (a) while under an obligation to produce documents relevant to this action, (i) Kavadia destroyed email communications by deleting them from his email accounts and by installing and executing a document deletion program on his laptop computer, and (ii) Kavadia willfully withheld Pratik Diamonds communications and July 2011 bank statement, when those documents were within his control; and (b) on this basis, the jury may, but need not, infer that the destroyed and withheld documents would have been material in deciding the facts in dispute in the action, and would have been unfavorable to Defendants. (2) Defendants and Bluestone should be directed to reimburse Plaintiffs for the reasonable expenses, including attorney's fees, that they incurred in preparing their motion for sanctions, supporting submissions, reply affirmations, and supplemental submission (Dkts. 150, 152, 157, 159, 162), and in preparing for and attending the evidentiary hearing conducted on March 9, 2015. (3) Defendants, jointly and severally, should bear 75 percent of the attorney's fees and costs specified above, and Bluestone should bear the remaining 25 percent. re: #150 MOTION for Sanctions filed by Jose Maria Alves Decastro. Objections to R&R due by 6/1/2015. (Signed by Magistrate Judge Debra C. Freeman on 5/13/2015) Copies Sent By Chambers. (rjm)
May 13, 2015	Filing 183 MEMORANDUM AND ORDER: For all of the foregoing reasons, it is hereby ORDERED that Plaintiffs are awarded the sum of $11,210.00 in attorney's fees and costs, pursuant to Rule 37 of the Federal Rules of Civil Procedure and this Court's Order of December 2, 2014. Kavadia and Bluestone are directed to pay that amount, in equal shares, to Plaintiffs, within two weeks of the date of this Order. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 5/13/2015) (kl)
May 12, 2015	Filing 182 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated May 12. 2015 re: Harris Letter Docket 180. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
May 10, 2015	Filing 181 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 05/10/2015 re: Opposition to Defendants' Request for Discovery Conference. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1., #2 Exhibit A.., #3 Exhibit B., #4 Exhibit C., #5 Exhibit D., #6 Exhibit E.)(Harris, Matthew)
May 9, 2015	Filing 180 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 05/08/2015 re: Legal experience and rates. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
April 29, 2015	Filing 179 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated April 29,2015 re: Order #178 terminating Letter Motion #177 . Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
April 23, 2015	Filing 178 ORDER terminating #177 Letter Motion for Local Rule 37.2 Conference. Given that the discovery period has long been closed, counsel is directed to supplement this submission with an explanation of what discovery is at issue and why the matter has not been raised sooner. Any such supplemental submission shall be filed no later than April 29, 2015. (Signed by Magistrate Judge Debra C. Freeman on 4/23/2015) (mro)
April 15, 2015	Filing 177 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated April 15, 2015. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
April 6, 2015	Filing 176 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/15 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...(McGuirk, Kelly)
April 6, 2015	Filing 175 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2015. Redacted Transcript Deadline set for 5/11/2015. Release of Transcript Restriction set for 7/9/2015.(McGuirk, Kelly)
March 26, 2015	Filing 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/2015 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...(McGuirk, Kelly)
March 26, 2015	Filing 173 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2015. Redacted Transcript Deadline set for 4/30/2015. Release of Transcript Restriction set for 6/29/2015.(McGuirk, Kelly)
March 20, 2015	Filing 172 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated March 20, 2015 re: Additional Supplemental Filing Following Hearing. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)
March 20, 2015	Filing 171 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 03/20/2015 re: deficient filing of 168 & 169. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 20, 2015	Filing 170 DECLARATION of Matthew J. Harris in Support re: #150 MOTION for Sanctions .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew)
March 19, 2015	Filing 169 FILING ERROR - DEFICIENT DOCKET ENTRY - ( LINKED TO WRONG MOTION) - DECLARATION of Mattjhew J. Harris in Support re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew) Modified on 3/24/2015 (lb).
March 19, 2015	Filing 168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions imposed on Defendants. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew) Modified on 3/20/2015 (db).
March 19, 2015	Filing 167 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated March 19, 2015 re: Supplemental Filing Following Hearing. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Kavadia Passport)(Fraade, Alan)
March 18, 2015	Filing 166 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated March 18, 2015 re: Order of Judge Freeman. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Google and Yahoo letters)(Bluestone, Andrew)
March 10, 2015	Filing 165 ORDER granting #164 Letter Motion for Extension of Time to File supplemental submission. SO ORDERED. (This resolves Dkt. #164 ) (Signed by Magistrate Judge Debra C. Freeman on 3/10/2015) (spo)
March 9, 2015	Filing 164 LETTER MOTION for Extension of Time to File suplementary submission addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 03/09/2015. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 6, 2015	Filing 163 DECLARATION of Alan P. Fraade in Opposition re: #150 MOTION for Sanctions .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)
March 4, 2015	Filing 162 DECLARATION of Matthew J. Harris in Support re: #150 MOTION for Sanctions .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Harris, Matthew)
February 25, 2015	Filing 161 SCHEDULING ORDER: Accordingly, it is hereby ORDERED as follows: 1. The Court will conduct an evidentiary hearing on March 9, 2015, at 10:00 a.m., in Courtroom 17A, at the United States Courthouse, 500 Pearl Street, New York, NY 10007. The purpose of the hearing will be for this Court to evaluate the reasons for Kavadia's noncompliance with his discovery obligations and with this Court's December 2, 2014 Order, including the extent to which his non-compliance was willful. Kavadia is directed to attend this hearing, as, at a minimum, the Court expects to hear testimony from him. 2. Plaintiffs are directed to provide a supplemental written submission to this Court, no later March 4, 2015, as to why sanctions are warranted against defendant Nice Gems, Inc. as a result of Kavadia's non-compliance with a discovery order. Defendants may file a written response to this further submission no later than March 6, 2015. To the extent that these submissions raise any additional factual issues, they may be addressed by the parties at the March 9, 2015 evidentiary hearing. Evidentiary Hearing set for 3/9/2015 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 2/25/2015) (mro)
February 23, 2015	Filing 160 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 02/23/2015 re: copies of Kavadia emails. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)
February 16, 2015	Filing 159 REPLY to Response to Motion re: #150 MOTION for Sanctions . . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)
February 13, 2015	Filing 158 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated February 13, 2015 re: Opposition to Motion for Sanctions. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Forensic Examiner Report, #2 Forensic Examiner Letter)(Fraade, Alan)
February 9, 2015	Filing 157 REPLY to Response to Motion re: #150 MOTION for Sanctions . . Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
February 5, 2015	Filing 156 AFFIRMATION of Alan P. Fraade in Opposition re: #150 MOTION for Sanctions .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Supplement Bluestone Affirmation in Support, #2 Exhibit 2nd Letter from Faria to Kavadia, #3 Exhibit Letter from Union Bank to Pratik)(Fraade, Alan)
February 2, 2015	Filing 155 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated January 30, 2015 re: Attorney Fee Application. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
February 2, 2015	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #154 Response in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (db)
January 30, 2015	Filing 154 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-30-15 re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery . . Document filed by Deepak Kavadia, Nice Gems, Inc.. (Bluestone, Andrew) Modified on 2/2/2015 (db).
January 30, 2015	Filing 153 LETTER addressed to Magistrate Judge Debra C. Freeman from Mattjew J. Harris dated 01/30/2015 re: Corrected copy of Plaintiff's Motion to Impose Sanctions. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
January 30, 2015	Filing 152 DECLARATION of Matthew J. Harris in Support re: #151 MOTION for Sanctions DECLARATION IN SUPPORT OF MOTION FOR SANCTIONS.. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harris, Matthew)
January 30, 2015	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew J. Harris to RE-FILE Document #151 MOTION for Sanctions DECLARATION IN SUPPORT OF MOTION FOR SANCTIONS. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
January 29, 2015	Filing 151 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions DECLARATION IN SUPPORT OF MOTION FOR SANCTIONS. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harris, Matthew) Modified on 1/30/2015 (db).
January 29, 2015	Filing 150 MOTION for Sanctions . Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
January 26, 2015	Filing 149 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-26-15 re: Order of Judge Freeman. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affidavit Forensic Examiner Statement under penalty of perjury, #2 Exhibit Forensic Examiner Report)(Bluestone, Andrew)
January 22, 2015	Filing 148 ORDER denying #131 Letter Motion for Extension of Time to Complete Discovery. Further, in accordance with the Court's statements on the record at the 1/15/15 conference with counsel, and in light of Defendants' most recent correspondence to the Court (Dkt. 142), Defendants' application to the Court to issue subpoenas to Google and Yahoo! is denied, without prejudice to Plaintiffs to seek such subpoenas, if they deem them necessary. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
January 22, 2015	Filing 147 ORDER denying #143 Letter Motion for Extension of Time to File. (See Dkt. 145.) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
January 22, 2015	Filing 146 ORDER denying #143 Letter Motion for Extension of Time. (See Dkt. 145.) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
January 22, 2015	Filing 145 ORDER denying #142 Letter Motion for Extension of Time. Defendants' counsel should act in accordance with their discovery obligations, but Plaintiffs may move for sanctions, if they wish. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
January 22, 2015	Filing 144 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 01/22/2015 re: Fees and costs for preparing motions. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)
January 20, 2015	Filing 143 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-20-15., LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-20-15. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Pratik Letter)(Bluestone, Andrew)
January 20, 2015	Filing 142 LETTER MOTION for Extension of Time concerning email discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1/20/15. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
January 15, 2015	Filing 141 DEPOSITION of e-mail to Google taken on 5/20/14.Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit e-mail to Yahoo)(Bluestone, Andrew)
January 15, 2015	Filing 140 DEPOSITION of Forensic Examiner taken on 12/22/14.Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
January 15, 2015	Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 1/15/2015. (aba)
January 14, 2015	Filing 139 NOTICE OF APPEARANCE by Alan Peter Fraade on behalf of Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)
January 9, 2015	Filing 138 AMENDED LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-9-15 re: Corrected Letter re: Letter motion of Mr. Harris. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
January 9, 2015	Filing 137 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-9-15 re: Letter motion of Mr. Harris. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
January 9, 2015	Filing 136 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 01/09/2015 re: Permission to move for sanctions on defendants. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)
January 6, 2015	Filing 135 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 01/06/2015 re: #131 LETTER MOTION for Extension of Time to Complete Discovery and for an Order concerning discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-29-14. . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 2, #4 Exhibit 3)(Harris, Matthew)
December 30, 2014	Filing 134 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12/30/14 re: Plaintiff's Letter regarding attorney fees. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 30, 2014	Filing 133 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #132 Letter seeking a hearing addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12/30/14. Document filed by Deepak Kavadia, Nice Gems, Inc. (Bluestone, Andrew) Modified on 12/30/2014 (db).
December 30, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #133 LETTER MOTION for Conference re: #132 Letter seeking a hearing addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12/30/14. Use the event type Letter found under the event list Other Documents. (db)
December 29, 2014	Filing 132 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 12/29/2014 re: Fees and costs for preparing motions. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
December 29, 2014	Filing 131 LETTER MOTION for Extension of Time to Complete Discovery and for an Order concerning discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-29-14. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affidavit)(Bluestone, Andrew)
December 22, 2014	Filing 130 ORDER denying #126 Motion for Reconsideration. This Court has reviewed the submission by Defendants' counsel and sees no basis for reconsideration or reargument under Local Civil Rule 6.3, as counsel has not demonstrated that the Court overlooked any factual matters or controlling law in issuing its sanctions decision. Even if the underlying affidavit in question (Dkt. 106-9) had actually been signed by defendant Kavadia, no signature page matching that document was submitted to the Court. In any event, this Court's overall reasoning would still hold. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
December 22, 2014	Filing 129 AFFIRMATION of Matthew J. Harris in Opposition re: #126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 6, #2 Exhibit 9)(Harris, Matthew)
December 17, 2014	Filing 128 MEMORANDUM OF LAW in Support re: #126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, . . Document filed by Deepak Kavadia, Nice Gems, Inc.. (Bluestone, Andrew)
December 17, 2014	Filing 127 AFFIRMATION of Andrew Lavoott Bluestone in Support re: #126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Docket 106-6, #3 Exhibit Docket 106-5, #4 Exhibit Docket 106-9, #5 Exhibit Docket 106-9, #6 Exhibit Docket 116-1)(Bluestone, Andrew)
December 17, 2014	Filing 126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, . Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 17, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #125 MOTION for Reconsideration re; #124 MOTION for Reconsideration re; #119 Order on Motion to Compel . Memorandum of Law. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
December 17, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #124 MOTION for Reconsideration re; #119 Order on Motion to Compel . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
December 16, 2014	Filing 125 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #124 MOTION for Reconsideration re; #119 Order on Motion to Compel, . Memorandum of Law. Document filed by Deepak Kavadia, Nice Gems, Inc. (Bluestone, Andrew) Modified on 12/17/2014 (db).
December 16, 2014	Filing 124 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #119 Order on Motion to Compel, . Document filed by Deepak Kavadia, Nice Gems, Inc. (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Docket 106-6, #3 Exhibit Docket 106-5, #4 Exhibit Docket 106-9, #5 Exhibit Docket 106-10, #6 Exhibit Docket 116-1)(Bluestone, Andrew) Modified on 12/17/2014 (db).
December 16, 2014	Filing 123 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #119 Order on Motion to Compel, . Document filed by Deepak Kavadia, Nice Gems, Inc. (Attachments: #1 Supplement Memorandum, #2 Exhibit List of Earlier Exhibits, #3 Exhibit Docket 106-6, #4 Exhibit Docket 106-5, #5 Exhibit Docket 106-9, #6 Exhibit Docket 106-10, #7 Exhibit Docket 116-1)(Bluestone, Andrew) Modified on 12/16/2014 (db).
December 16, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #123 MOTION for Reconsideration re; #119 Order on Motion to Compel, . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
December 5, 2014	Filing 122 ORDER granting #120 Letter Motion for Extension of Time. The deadlines set forth in this Court's Order of 12/2/14 (Dkt. 119) are hereby extended by 15 days, as requested by Defendants, but, as Plaintiff points out (Dkt. 121), and as already noted by the Court, this discovery dispute is a long-standing one, and thus no further extensions will be granted. As for Defendants' request for leave to move for reargument, Defendants are directed to Local Civil Rule 6.3 and the deadlines contained therein. Counsel should note that, pursuant to Rule 6.3, a motion for reargument must be supported by a memorandum that sets forth the factual matters or controlling law that the movant believes was overlooked by the Court. It is unlikely that, on such a motion, this Court would consider new arguments that could have been previously advanced, but were not. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
December 5, 2014	Filing 121 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J Harris dated 12/05/2014 re: #120 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-4-14. . Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
December 4, 2014	Filing 120 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-4-14. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
December 2, 2014	Filing 119 ORDER granting in part and denying in part #103 Motion to Compel; granting in part and denying in part #112 Motion to Compel. This Order now addresses the unresolved portion of Plaintiffs' original motion (Dkt. 103), as well as Plaintiffs' renewed motion (Dkt. 112). For the reasons listed herein, Plaintiffs' requests to compel further discovery from Defendants are granted in part and denied in part. On the totality of the circumstances presented, this Court, in its discretion and in accordance with Rule 37, directs Kavadia and Bluestone, in equal shares, to reimburse Plaintiffs for 50 percent of the reasonable attorneys' fees and costs incurred in preparing their motion to compel (Dkt. 103), including supporting and reply submissions, and 100 percent of the reasonable attorneys' fees and costs incurred in preparing their renewed motion (Dkt. 112), including supporting and reply submissions. While a precise allocation of fees and costs based on the successful and unsuccessful portions of the initial motion to compel would be difficult, this Court is satisfied, based on its familiarity with the motion and its resolution, that this 50-percent allocation is fair and reasonable. (Signed by Magistrate Judge Debra C. Freeman on 12/2/2014) (mro)
July 20, 2014	Filing 117 REPLY AFFIDAVIT of Matthew J. Harris in Support re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harris, Matthew)
July 17, 2014	Filing 116 AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affidavit Affidavit of Kavadia, #2 Exhibit A, #3 Exhibit Redacted Exhibit B)(Bluestone, Andrew)
June 13, 2014	Filing 115 ORDER granting #109 Letter Motion for Extension of Time. See deadlines set out in the separate Order of today's date. (Dkt. 114) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
June 13, 2014	Filing 114 ORDER granting #113 Letter Motion for Extension of Time to File Response/Reply. Defendants shall file their opposition to the motion to compel no later than 7/17/14. Plaintiffs' reply, if any, shall be filed no later than 7/21/14. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
June 11, 2014	Filing 113 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone (on consent) dated 6-11-14. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
June 10, 2014	Filing 112 MOTION to Compel Defendant Kavadia to Compel Discovery . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew)
June 10, 2014	Filing 111 NOTICE of Motion to Compel Discovery. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)
June 9, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew J. Harris. Document No. #110 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Compel must be formally filed. (db)
June 7, 2014	Filing 110 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Compel Defendant Kavadia to produce document . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A)(Harris, Matthew) Modified on 6/9/2014 (db).
June 3, 2014	Filing 109 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated 6/3/14. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)
May 20, 2014	Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 5/20/2014. (aba)
May 9, 2014	Filing 108 DECLARATION of Matthew Harris in Support re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery.. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Harris, Matthew)
May 8, 2014	Filing 107 REPLY to Response to Motion re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery. . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harris, Matthew)
May 6, 2014	Filing 106 AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (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 11a, #12 Exhibit 11b)(Bluestone, Andrew)
May 6, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #105 Affirmation in Opposition to Motion. ERROR(S): No signature or s/. (db)
May 5, 2014	Filing 105 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Exh 1, #2 Errata Exh 2, #3 Exhibit Exh 3, #4 Exhibit Exh 4, #5 Exhibit Exh 5, #6 Exhibit Exh 6, #7 Exhibit Exh 7, #8 Exhibit Exh 8, #9 Exhibit Exh 9, #10 Exhibit Exh 10, #11 Exhibit Exh 11a, #12 Exhibit Exh 11b)(Bluestone, Andrew) Modified on 5/6/2014 (db).
April 15, 2014	Filing 104 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 108)DECLARATION of Matthew J. Harris in Support re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery.. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Affidavit of Service)(Harris, Matthew) Modified on 5/13/2014 (kj).
April 15, 2014	Filing 103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Affidavit of Service)(Harris, Matthew)
April 12, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew J. Harris to RE-FILE Document #102 Notice (Other), Notice (Other). Use the event type Compel found under the event list Motions. NOTE: You must indicate the case number on this document before re-filing. Re-File this document first, then re-file the Declaration. (ldi)
April 12, 2014	Filing 102 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion to Com,pel Discovery with Affidavit of Service re: #101 MOTION to Compel Defendants Deepak Kavadia and Nice Gems, Inc. to produce discovery.. Document filed by Jose Maria Alves Decastro. (Harris, Matthew) Modified on 4/15/2014 (ldi).
April 11, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew J. Harris to RE-FILE Document #101 MOTION to Compel Defendants Deepak Kavadia and Nice Gems, Inc. to produce discovery. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: The case number is incorrect, correct before re-filing. (ldi)
April 11, 2014	Filing 101 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Compel Defendants Deepak Kavadia and Nice Gems, Inc. to produce discovery. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Exhibit A)(Harris, Matthew) Modified on 4/15/2014 (ldi).
April 1, 2014	Filing 100 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris & Andrew Lavoott Bluestone dated 04/01/2014 re: Request to change due date to file Plaintiffs' Motion to Compel Discovery. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 28, 2014	Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference and Discovery hearing held via telephone on 3/28/2014. Telephone conference scheduled for 4/25/14 at 11:00 a.m. (aba)
March 19, 2014	Filing 99 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated March 19, 2014 re: Correcting a misstatement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
March 6, 2014	Filing 98 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris & Andrew Lavoott Bluestone dated March 6, 2014 re: Status Report. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)
February 28, 2014	Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone was held on 2/28/2014. The Joint Status Letter is due 3/7/14. (sc)
January 24, 2014	Filing 97 NOTICE OF APPEARANCE by Matthew J. Harris on behalf of DJJ-Mining & Services (Private) Limited. (Harris, Matthew)
January 23, 2014	Filing 96 NOTICE OF APPEARANCE by Matthew J. Harris on behalf of Jose Maria Alves Decastro. (Harris, Matthew)
December 30, 2013	Filing 95 ORDER granting #83 Motion to Withdraw as Attorney. Attorney Kenneth Edward Aneser and Ryan John McMahon terminated. Plaintiffs' counsel's unopposed motion to withdraw is GRANTED. It is ORDERED that all proceedings are stayed until January 31, 2014, by which date Plaintiffs' new counsel must file a notice of appearance on ECF. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
December 23, 2013	Filing 94 LETTER addressed to Judge Analisa Torres from Kenneth E. Aneser, Esq. dated December 23, 2013 re: Motion to Withdraw as Counsel. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Aneser, Kenneth)
December 11, 2013	Filing 93 ORDER granting #92 Letter Motion for Extension of Time: Plaintiffs' attorneys' request for an extension to oppose the motion to withdraw is GRANTED. Plaintiffs shall file opposition papers, if any, by December 24, 2013. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
December 11, 2013	Filing 92 LETTER MOTION for Extension of Time to File Affidavit addressed to Judge Analisa Torres from Kenneth E. Aneser, Esq. dated December 11, 2013. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Aneser, Kenneth)
November 21, 2013	Filing 91 CERTIFICATE OF SERVICE of November 20, 2013 Order of Honorable Analisa Torres served on Plaintiffs on November 20, 2013 and November 21, 2013. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Aneser, Kenneth)
November 20, 2013	Filing 90 ORDER: Plaintiffs' request for an extension is GRANTED. Plaintiffs are directed to show cause, by filing an affidavit with this Court on or before December 11, 2013, why Rosenberg Calicia & Birney LLP's motion to withdraw as their attorney and its request for the Court to impose a retaining lien and a charging lien should not be granted. Rosenberg Calicia & Birney LLP shall serve Plaintiffs with a copy of this order. (Signed by Judge Analisa Torres on 11/20/2013) (cd)
October 22, 2013	Filing 89 CERTIFICATE OF SERVICE of October 21, 2013 Order of Honorable Analisa Torres served on Plaintiffs on October 21 and October 22. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Aneser, Kenneth)
October 21, 2013	Filing 88 ORDER: #83 Motion to Withdraw as Attorney. Plaintiffs are directed to show cause, by filing an affidavit on or before November 21, 2013, why Rosenberg Calicia & Birney LLP's motion to withdraw as their attorney and its request for the Court to impose a retaining lien and charging lien should not be granted. Rosenberg Calicia & Birney LLP shall serve Plaintiffs with a copy of this order. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
October 18, 2013	Filing 87 AFFIDAVIT of Andrew Lavoott Bluestone in Opposition re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Deepak Kavadia. (Bluestone, Andrew)
October 18, 2013	Filing 86 AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Nice Gems, Inc.. (Bluestone, Andrew)
October 18, 2013	Filing 85 MEMORANDUM OF LAW in Support re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit service)(Aneser, Kenneth)
October 18, 2013	Filing 84 DECLARATION in Support re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit service)(Aneser, Kenneth)
October 18, 2013	Filing 83 MOTION to Withdraw as Attorney for Plaintiffs. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit Service)(Aneser, Kenneth)
October 4, 2013	Filing 82 ORDER re: #81 Letter filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited, Counsel's application to file a motion to withdraw is GRANTED. Counsel shall file his motion by October 18, 2013. Counsel is directed to notify Plaintiff of this order. Motions due by 10/18/2013.(Motions due by 10/18/2013.) (Signed by Judge Analisa Torres on 10/4/13) (Torres, Analisa)
September 25, 2013	Filing 81 LETTER addressed to Judge Analisa Torres from Kenneth E. Aneser dated 9/4/2013 re: Request to make an application to be relieved as counsel to Plaintiffs. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(cd)
September 25, 2013	Filing 80 DECLARATION of Kenneth E. Aneser to be relieved as counsel for plaintiffs. Document filed by Jose Maria Alves Decastro. (cd)
September 25, 2013	Filing 79 DECLARATION of Jose Maria Alves de Castro in Opposition to the letter to be dismissed as my lawyer. Document filed by Jose Maria Alves Decastro. (cd)
September 16, 2013	Filing 78 ORDER denying #75 Motion to Compel, without prejudice to renew, following the Court's resolution of the application by Plaintiff's counsel for leave to withdraw. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra)
August 28, 2013	Filing 77 CERTIFICATE OF SERVICE of Declaration of Kenneth E. Aneser and Exhibits on August 28, 2013. Service was made by Mail. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Aneser, Kenneth)
August 28, 2013	Filing 76 DECLARATION in Support re: #75 MOTION to Compel defendants to produce discovery.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Aneser, Kenneth)
August 28, 2013	Filing 75 MOTION to Compel defendants to produce discovery. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit Certificate of Service)(Aneser, Kenneth)
August 12, 2013	Filing 74 ORDER: The Court having received correspondence from counsel for plaintiffs dated August 8, 2013 requesting an on-consent adjournment of the scheduling deadlines set forth in the Court's July 29, 2013 Order relating to, inter alia plaintiffs' motion to compel discovery, it is hereby ORDERED: No later than August 30, 2013, Plaintiffs shall serve and file any motion (a) to compel discovery from Defendants, and/or (b) to authorize service of a subpoena on any third-party email provider. No later than September 30, 2013, Defendants shall serve and file their opposition to any such motion. No later than October 16, 2013, Plaintiffs shall serve and file any reply on their motion. The deposition of defendant Deepak Kavadia shall be completed by the later of (a) November 20, 2013, or (b) two weeks after the receipt by Plaintiffs of the documents produced by Defendants or any third party in accordance with the Court's ruling on Plaintiff's motion to compel. (Deposition due by 11/20/2013., Motions due by 8/30/2013., Responses due by 9/30/2013, Replies due by 10/16/2013.) (Signed by Magistrate Judge Debra C. Freeman on 8/12/2013) (rsh)
July 29, 2013	Filing 73 ORDER: it is hereby ORDERED, as stated at the conference: 1. No later than August 19, 2013, Plaintiffs shall serve and file any motion (a) to compel discovery from Defendants, and/or (b) to authorize service of a subpoena on any third-party email provider. 2. No later than September 16, 20l3, Defendants shall serve and file their opposition to any such motion. 3. No later than September 24, 2013, Plaintiffs shall serve and file any reply on their motion. 4. The deposition of defendant Deepak Kavadia shall be completed by the later of(a) October 31, 2013, or (b) two weeks after the receipt by Plaintiffs of the documents produced by Defendants or any third party in accordance with the Court's ruling on Plaintiff's motion to compel. Copies sent by Chambers Via ECF (Signed by Magistrate Judge Debra C. Freeman on 7/29/2013) (js) Modified on 7/29/2013 (js).
July 25, 2013	Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 7/25/2013. Submitted by Aisha Bams, Deputy Clerk (sc)
June 7, 2013	Filing 118 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated 6/6/2013 re: In response to the Order of this Court and directions from Chambers, I submit the enclosed three page affidavit of Deepak Kavadia by mail, rather than by ECF. Document filed by Deepak Kavadia, Nice Gems, Inc. ***Docket and file instructions from chambers. (tn)
June 4, 2013	Filing 72 ORDER: This Court held a telephone conference on May 9, 2013, with counsel for all parties in this case, to hear oral argument regarding discovery disputes raised by Plaintiffs. At that conference, the Court resolved certain of those disputes on the record; in particular, the Court ordered defendant Deepak: Kavadia ("Kavadia") to produce the bank statements of non-party Pratik Diamonds (Private) Limited ("Pratik Diamonds"), an Indian corporation, for the period from January 1, 2011 to the present. In so ruling, the Court explicitly found that such records were in Kavadia's "control" for purposes of discovery, given that he had already been able to obtain some of those records from Pratik Diamonds, a closely held corporation of which Kavadia was, or had previously been, an officer. By letter dated May 20, 2013, however, Defendants' counsel informed the Court that Pratik Diamonds has now refused to provide Kavadia with the additional documents that are the subject of the Court's Order. (See Letter to the Court from Andrew Lavcott Bluestone, Esq., dated May 20, 2013 (Dkt. 69).) To demonstrate this, Defendants' counsel provided the Court with a copy ofa letter dated May 15,2013, purportedly received by him from Indian counsel for Pratik Diamonds, stating that Kavadia had requested the additional bank statements, that Pratik Diamonds is not in "privity of contract" with any party to this action, that Pratik Diamonds therefore "refuse [ s] to accede" to the request, and that, "if still it is persisted our clients shall refuse to comply with the same hereafter." (See id. (attachment).) In response to Defendants' submission, Plaintiffs' counsel also wrote to the Court, stating that Defendants had "unequivocally demonstrated their control over Pratik Diamonds by swiftly obtaining select Pratik Diamonds' banking records by simply asking for same" (Letter to the Court from Kenneth E. Aneser, Esq., dated May 23, 2013 (Dkt. 71), at 2), and requesting a formal, written order compelling Defendants to produce the remaining bank statements in question (id.). Under the circumstances, and in light of the fact that it is undisputed that Kavadia was previously able to obtain documents from Pratik Diamonds upon request, it is hereby ORDERED that, no later than one week from the date of this Order, Defendants shall submit to the Court an affidavit or declaration under penalty of perjury, by someone with personal knowledge, stating (1) who made the request to Pratik Diamonds for the additional documents, (2) to whom the request was made, (3) whether it was made orally or in writing, (4) what, if anything, was communicated to Pratik Diamonds about the May 9 teleconference, this Court's findings and orders at that conference, and the relevant legal definition of"control," and (5) whether the person who made the request suggested to Pratik Diamonds in any way, whether in words or substance, that it refuse to comply with the request. Pending receipt of this affidavit or declaration, the Court will reserve decision as to whether it should issue any further order compelling production. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 6/4/2013) Copies Sent By Chambers. (rsh)
May 24, 2013	Filing 71 Letter addressed to Magistrate Judge Debra C. Freeman from Kenneth E. Aneser dated 5/23/2013 re: Counsel for Plaintiff write Based on the arguments advanced by counsel and the subsequent rulings made by the Court during the May 9, 2013 telephone conference with Court, plaintiffs respectfully request a confirmation of the Court's May 9, 2013 rulings in the form of a written order indicating that Defendants shall produce to Plaintiffs' counsel any and all banking records, to include complete and full bank statements, for Pratik Diamonds (Private) Limited from January 1, 2011 to the present date within five (5) days of the date of the Order. In this way, any issues pertaining to the compliance or non-compliance with the Court's Order can be addressed between counsel without the Court's involvement or, if necessary, be subject to a proper motion record in the event either party needs to make a motion Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(js)
May 24, 2013	Filing 69 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Victor Marrero is no longer assigned to the case. (pgu)
May 22, 2013	Filing 70 Letter addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated 5/20/2013 re: Counsel for Defendants write after our telephone conference on the issue of discovery, and in particular on the issue of bank records of Pratik Diamonds, Pvt. Ltd., an Indian company.As I described the situation to the Court, Mr. Kavadia is neither a director nor an officer of Pratik, and his commercial relationship with Pratik is that of customer -company. He does not have control or, nor possession of banking records. Document filed by Deepak Kavadia, Nice Gems, Inc. This Court, notwithstanding my argument, directed that he obtain certain banking records from Pratik. This Court also suggested that a confidentiality agreement might be necessary. I discussed and reached a confidentiality agreement with Plaintiffs, which they submitted last week. At the same time, immediately after your telephone conference ruling, I instructed my client to seek the banking records for the subject years, as you directed. He did so.I am now in receipt of a letter from (the signature is difficult) Pinakin B. Amin, a solicitor and advocate from Mumbai, India. In that letter, a copy of which is enclosed, he states that he represents Pratik and refuses to produce the subject bank records.....(js)
May 17, 2013	Filing 68 STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION... regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: Any application to maintain the confidentiality of any material at trial shall be made to the trial judge, in advance of trial. (Signed by Magistrate Judge Debra C. Freeman, (as modified in Paragraph 11), on 5/17/2013) (sac)
May 9, 2013	Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 5/9/2013. (js)
April 12, 2013	Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 4/12/2013. The Court held a status conference in this matter. The Court referred all outstanding discovery disputes to Magistrate Judge Debra C. Freeman. (cd)
April 12, 2013	Filing 67 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. ENDORSEMENT: The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636 ), all such communications shall be addressed solely to the Magistrate Judge. SO ORDERED. (Signed by Judge Victor Marrero on 4/12/2013) (rsh)
April 4, 2013	Filing 66 ORDER: The Court hereby directs the parties to proceed with the deposition of defendant Deepak Kavadia on April 9, 2013 at 9:30 a.m. in Room 22 of the Thurgood Marshall Courthouse at 40 Foley Square, New York, NY 10007. The Court authorizes the parties to bring laptops and other electronic equipment to the deposition suitable for this purpose. The Court will arrange for a Court Security Officer to be present or available in case of any difficulties. SO ORDERED. (Signed by Judge Victor Marrero on 4/4/2013) (rsh)
April 4, 2013	Filing 65 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Lavoott Bluestone dated 4/4/2013 re: Counsel for defendants write You have now had a series of letters, written on the issue of an Order of Protection. A transcript was presented to you last night. The transcript is directly at odds with the actual Order of Protection, which does not al1ow for any contact. Plaintiff has not made any effort to have a judicial officer change the terms of the Order of Protection, which is presumed to be correct, not withstanding the transcript. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 4/4/2013) (js)
April 4, 2013	Filing 64 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 4/3/2013 re: Counsel for Plaintiff write we were in the process of writing Your Honor when we received the ECF notification. Today we received a copy of the transcript of the criminal proceedings before the Honorable Michelle A. Armstrong on July 9, 2012 (copy annexed; see p. 4 line 20 through p. 5 line 3) wherein the Court specifically and unequivocally ordered that incidental contact during these civil litigation proceedings would be allowed. This confirms the information provided in the Declaration of Michael Elbert, Esq., which was submitted to the Court with our March 29, 2013 correspondence. ENDORSEMENT: the Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 4/4/2013) (js) Modified on 4/4/2013 (js).
April 3, 2013	Filing 63 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 3/29/2013 re: For the above reasons, plaintiffs respectfully request an order that (1) plaintiff not be barred from attending the deposition on Mr. Kavadia on April 9, 2013 and (20 that the deposition be held at the Courthouse, or (3) if the Court is not inclined to permit plaintiff to attend the April 9, 2013 deposition due to the existing order of protection, that said deposition of defendant Deepak Kavadia be adjourned, sine die, until Mr. DeCastro may make an application to the criminal Court to have the carve out for civil proceeding written into a new/amended order of protection and upon issuance of same that the deposition of defendant take place thereafter with plaintiff in attendance. ENDORSEMENT: Absent a modification of the protective order issued by another judicial officer, this Court is persuaded that Mr. Castro should be excluded from the deposition of the defendant. Given the difficulties of scheduling encountered in this action because of the parties diverse residencies, the deposition shall proceed as set for 4/9/2013. (Signed by Judge Victor Marrero on 4/3/2013) (js)
April 3, 2013	Filing 62 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Lavoott Bluestone dated 3/29/2013. re: Mr. Kavadia specifically directed me to make this application, and forwarded the Order of Protection to me. He is most fearful of Mr. DeCastro. In view of a Court Order of Protection, I thought it unnecessary to add evidence of fear or emotional issues. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 4/3/2013) (js) .
April 2, 2013	Filing 61 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 3/19/2013 re: For the above reasons, Counsel requests that defendants' deposition be so ordered to take place at 10:00 a.m. at Mr. Bluestone's office on Tuesday, April 9, 2013. ENDORSEMENT: So Ordered., ( Deposition due by 4/9/2013.) (Signed by Judge Victor Marrero on 3/29/2013) (js)
March 28, 2013	Filing 60 NOTICE OF APPEARANCE by Ryan John McMahon on behalf of Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited (McMahon, Ryan)
March 26, 2013	Filing 59 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Lavoot Bluestone dated 3/26/2013 re: Counsel for defendant writes to inform the Court of a situation. In your most recent order you "So Ordered" Plaintiffs letter request setting the date of defendants deposition for April 9, 2013. Defendant will comply with your order and will appear for deposition on that date at my office. Counsel does not plan to allow Mr. DeCastro entry to the deposition which is to be held at Counsels office. Counsel writes because Mr. Anescr refused to resolve whether he intended to bring Mr. DeCastro may not be present at Defendant Kavadia's deposition based upon the order of protection now in effect. ENDORSEMENT: Plaintiffs are directed to respond by 3/29/2013, by letter not to exceed two (2) pages, to the matter set forth above by defendants, showing cause why plaintiff Jose DeCastro should not be barred from attending the defendant's deposition. So Ordered. (Signed by Judge Victor Marrero on 3/26/2013) (js)
March 26, 2013	Filing 58 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 3/21/2013 re: Counsel for Plaintiff write reluctantly in response to Mr. Bluestone's letter, dated March 21, 2013, which we received by fax this afternoon. Unfortunately, due to Mr. Bluestone's communications to the Court, I had to inform my client that he would likely have to change his travel plans and, therefore, advised him to plan for an April 9th deposition, which was a date on which Mr. Bluestone informed the Court that both he and his client were available for the defendants' deposition. As such, we respectfully request that the Court So Order the deposition for April 9, 2013 as requested in my March 19, 2013 letter to the Court. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 3/25/2013) (js)
February 28, 2013	Filing 57 ENDORSED LETTER addressed to Judge Victor Marrero from Ryan J. McMahon dated 2/26/2013 re: Pursuant to my telephone conversation earlier today with Ryan, Your Honor's clerk, this letter will confirm that the status conference previously scheduled for March 8, 2013 at 4:30 p.m. has been re-scheduled, upon consent, to April, 12 2013 at 11:30 a.m. ENDORSEMENT: Request GRANTED. the next status conference herein is rescheduled to 4/12/2013 at 11:30 a.m. SO ORDERED. (Signed by Judge Victor Marrero on 2/28/2013) (mt)
February 28, 2013	Set/Reset Hearings: Status Conference set for 4/12/2013 at 11:30 AM before Judge Victor Marrero. (mt)
February 19, 2013	Filing 56 MEMO ENDORSEMENT on AFFIRMATION IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL AND STAY PROCEEDINGS: Defendants are directed to respond as individual and corporate entity to the matter set forth by their attorneys above, showing cause why counsel's application to withdraw should not be granted. In the event no response to this order is received by 2/20/13 the request shall be deemed granted. (Signed by Judge Victor Marrero on 2/19/2013) (cd)
February 14, 2013	Filing 55 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Lavoott Bluestone dated 2/13/2013 re: Request to extend the 3/1/2013 fact discovery deadline. ENDORSEMENT: Request GRANTED. The Case Management Plan for this action is amended so as to extend the time for completion of fact discovery to 4/15/2013. Any other related deadline affected by this extension shall be similarly modified. No further extensions will be considered. ( Fact Discovery due by 4/15/2013.) (Signed by Judge Victor Marrero on 2/14/2013) (cd)
February 13, 2013	Filing 54 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Nice Gems, Inc. (Bluestone, Andrew)
February 13, 2013	Filing 53 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Nice Gems, Inc. (Bluestone, Andrew)
February 13, 2013	Filing 52 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Deepak Kavadia (Bluestone, Andrew)
February 13, 2013	Filing 51 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Deepak Kavadia (Bluestone, Andrew)
February 4, 2013	Filing 50 ENDORSED LETTER addressed to Judge Victor Marrero dated 1/29/2013 re: We write in response to Defendants' counsel, Jeffrey Chabrowe, Esq.'s, letter to the Court dated January 22, 2013 requesting a pre-motion conference regarding Defendants' intention to file a motion for summary judgment. ENDORSEMENT: The Court's persuaded that it would be premature and unproductive for the parties to engage in summary judgment practice prior to the completion of all depositions and other fact discovery. So ordered. (Signed by Judge Victor Marrero on 2/1/2013) (rjm) Modified on 2/6/2013 (rjm).
January 24, 2013	Filing 49 ENDORSED LETTER: addressed to Judge Victor Marrero from Jeff Chabrowe dated 1/22/2013 re: Accordingly, Defedants request a pre-motion conference regarding Defendant's intention to file a Motion for Summary Judgment, as no rational of fact could find for the Plaintiff in this matter. ENDORSEMENT: Plaintiff is directed to respond by 1/30/3013 by letter not to exceed three (3) pages, to the matters set forth above by defendant. So Ordered. (Signed by Judge Victor Marrero on 1/24/2013) (js)
December 27, 2012	Filing 48 ENDORSED LETTER addressed to Judge Victor Marrero from Kenneth E. Aneser dated 12/26/2012 re: We were recently retained to represent the plaintiffs, Jose Maria Alves DeCastro and DJJ-Mining & Services (Private) Limited (Plaintiffs'). in the above-captioned matter. Because we were just recently retained in this matter, we ask that the Court grant us a reasonable extension of the completion date for all fact discovery including the deposition of defendant. Plaintiff Jose Maria Alves DeCastro was deposed by defendants' attorneys on September 18, 2012. Defendants' counsel has indicated that they have no objection to the extension. ENDORSEMENT: Request GRANTED. The Case Management Plan for this action is amended so as to extend the time for completion of depositions and fact discovery to 3-1-13. Any other related deadline affected by this extension shall be similarly modified. The next status conference is rescheduled to 3-8-13 at 4:30 p.m., ( Deposition due by 3/1/2013., Fact Discovery due by 3/1/2013.), ( Status Conference set for 3/8/2013 at 04:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 12/27/2012) (ago)
November 26, 2012	Filing 47 NOTICE OF APPEARANCE by Kenneth Edward Aneser on behalf of Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited (Aneser, Kenneth)
November 7, 2012	Filing 46 ENDORSED LETTER addressed to Judge Victor Marrero from John P. Gibbons, Jr. dated 11/5/2012 re: Please allow this letter to serve as a further summary of this Firm's efforts to transmit to Plaintiffs a copy of the Order of the Honorable Victor Marrero, dated October 5, 2012, with attached Affirmation in Support of motion to Withdraw as Counsel and Stay Proceedings. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by counsel for plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 11/5/2012) (rdz)
November 5, 2012	Filing 45 ENDORSED LETTER addressed to Judge Victor Marrero from John P. Gibbons, Jr. dated 10/12/2012 re: Pursuant to the Order of the Court, dated October 5, 2012, we have served Plaintiffs with a copy of the Order by DHL Express Worldwide and email. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by counsel for plaintiffs. (Signed by Judge Victor Marrero on 11/5/2012) (lmb)
November 5, 2012	Filing 44 ORDER: Accordingly, it is hereby ORDERED that the application of Spellman Rice Schure Gibbons McDonough Polizzi and Truncle, LLP to withdraw as counsel for plaintiffs in this action is GRANTED; and it is further ORDERED that individual plaintiff Jose Marie Alves DeCastro inform the Court within thirty (30) days of the date of this Order whether he intends to proceed with this action representing himself, or through substitute counsel, who shall file a notice of appearance within that period of time; and it is further ORDERED that corporate plaintiff DJJ Mining & Services (Private) Limited inform the Court within thirty (30) days of the date of this Order of the identity of substitute counsel, who shall file a notice of appearance within that period of time; and it is finally ORDERED that in the event no timely response to this Order is filed, the Court may dismiss the action without further notice for failure to prosecute., Attorney John P. Gibbons, Jr terminated. (Signed by Judge Victor Marrero on 10/25/2012) (lmb)
October 5, 2012	Filing 43 ENDORSED LETTER: addressed to Judge Victor Marrero from John P. Gibbons dated 10/4/2012 re: Counsel for Plaintiffs write this letter application to be relieved as counsel for the Plaintiffs Jose Maria Alves DeCastro and DJJ Mining & Services (Private) limited. ENDORSEMENT: Plaintiff is directed to respond by 11/2/2012 to the application of counsel set forth above. Counsel for Plaintiff's shall continue representation pending Plaintiffs response. the application shall be granted in the event no timely response is made. Counsel is directed to transmit a copy of this order to plaintiff by certified mail return receipt. ( Responses due by 11/2/2012) (Signed by Judge Victor Marrero on 10/5/2012) (js)
September 21, 2012	Filing 42 CASE MANAGEMENT PLAN AND SCHEDULING ORDER :This Scheduling Order and Case Management Plan is adopted in accordance with Fed. R. Civ. P. 16-26(f). This case is to be tried to a jury. All fact discovery is to be completed by 1/15/2013. All expert discovery to be completed by 11/29/2012. Following all discovery, all counsel must meet for at least one hour to discuss settlement. Such conference to be held no later than 12/14/2012. Depositions to be completed by 11/15/12. Parties do not consent to trial by a Magistrate Judge under U.S.C. Sec. 636(c). The next Case Management Conference is scheduled for 1/11/2013 at 9:30 a.m. ( Deposition due by 11/15/2012., Fact Discovery due by 1/15/2013.) Expert Discovery due by 11/29/2012. Case Management Conference set for 1/11/2013 at 09:30 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 9/20/2012) (ago) Modified on 9/25/2012 (ago).
August 15, 2012	Filing 41 ANSWER to #40 Counterclaim. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Gibbons, John)
August 14, 2012	Filing 40 ANSWER to #39 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against DJJ-Mining & Services (Private) Limited. Document filed by Nice Gems, Inc., Deepak Kavadia.(Hoffman, Andrew)
June 21, 2012	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John P. Gibbons, Jr. for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #39 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (tro)
June 18, 2012	Filing 39 FIRST AMENDED COMPLAINT amending #1 Complaint against Deepak Kavadia, Nice Gems, Inc. with JURY DEMAND.Document filed by DJJ-Mining & Services (Private) Limited, Jose Maria Alves Decastro. Related document: #1 Complaint filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(tro) (ama).
June 4, 2012	Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 5/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 4, 2012	Filing 37 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2012 before Judge Victor Marrero. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2012. Redacted Transcript Deadline set for 7/9/2012. Release of Transcript Restriction set for 9/7/2012.(McGuirk, Kelly)
May 15, 2012	Filing 35 FIRST REPLY re: #33 Amended Answer to Complaints, Counterclaim. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
May 14, 2012	Filing 34 STIPULATED ORDER: ORDERED that the diamonds taken into the Court's custody pursuant to the Temporary Restraining Order granted by the Honorable Kimba W. Wood by Order, dated February 24, 2012, shall remain in the Court's custody pending the outcome of this litigation or further Order of this Court. (Signed by Judge Victor Marrero on 5/14/2012) (djc)
May 9, 2012	Filing 33 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. Document filed by Nice Gems, Inc., Deepak Kavadia. (Hoffman, Andrew)
May 4, 2012	Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 5/4/2012. Case Management Plan due by 5/10/2012. (cd)
May 3, 2012	Filing 36 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Answer to Complaints, Counterclaim served. Service was accepted by Samudra S. Kavadia (Father of Deeak Kavadia). Document filed by DJJ-Mining & Services (Private) Limited, Jose Maria Alves Decastro. (jfe)
May 3, 2012	Filing 32 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED 4/4/12 order served on Deepak Kavadia on 4/16/2012. Service was accepted by Samudra Kavadia, father. Document filed by Jose Maria Alves Decastro. (cd)
May 1, 2012	Filing 31 ENDORSED LETTER addressed to Judge Victor Marrero from John P. Gibbons, Jr. dated 4/18/12 re: Counsel for the plaintiffs writes to submit a written inventory of all such property seized from defendants on 4/16/12. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 4/28/2012) (mro)
April 17, 2012	Filing 30 REPLY re: #22 Answer to Complaint, Counterclaim. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 13, 2012	Filing 29 MEMO ENDORSEMENT re: Letter in response by counsel for defendants to the Court's request for evidence and/or a good faith basis for Plaintiffs' assertions that the "1600 carat parcel" is somehow in the possession of the Defendants, Plaintiffs set forth various factual allegations which Defendants would like to address. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the I letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 4/12/2012) (pl)
April 12, 2012	Filing 28 MEMORANDUM OF LAW in Support re: #2 Order to Show Cause,,. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 12, 2012	Filing 27 AFFIDAVIT of John P. Gibbons, Jr. in Support re: #2 Order to Show Cause,,. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 12, 2012	Filing 26 AFFIDAVIT of Jose Maria Alves DeCastro in Support re: #2 Order to Show Cause,,. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 12, 2012	Filing 25 ORDER: Evidentiary Hearing, on the Order to Show Cause, set for 4/26/2012 at 10:00 AM before Judge Victor Marrero. The parties be present and available to testify at the hearing on 4/26/2012. (Signed by Judge Victor Marrero on 4/12/2012) (cd)
April 12, 2012	Filing 24 ENDORSED LETTER addressed to Judge Victor Marrero from John P Gibbons, Jr. dated 4/12/2012 re: Setting forth compelling evidence or a good faith basis plaintiff has to support any allegation that defendants possess the diamonds as referred to in the Court's order dated 4/10/2012. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 4/12/2012) (cd)
April 10, 2012	Filing 23 ENDORSED LETTER addressed to Judge Victor Marrero from Jeff Chabrowe dated 4/10/2012 re: In anticipation of the April 16, 2012 transfer of the diamonds at the center of this dispute into court custody, I wish to make clear to the Court and my adversary that Defendants fully intend to comply with this Court's Order in all good faith, and to the fullest extent they are able. ENDORSEMENT: Plaintiff is directed to respond by 4/13/2012, by letter not to exceed two pages, to the matter set forth above by defendants, stating what compelling evidence or good faith basis plaintiff has to support any allegation that defendants possess the diamonds referred to herein. So ordered. (Signed by Judge Victor Marrero on 4/10/2012) (rjm)
April 9, 2012	Filing 22 ANSWER to #1 Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Nice Gems, Inc., Deepak Kavadia.(Hoffman, Andrew)
April 9, 2012	Filing 21 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deepak Kavadia, Nice Gems, Inc..(Hoffman, Andrew)
April 9, 2012	Filing 20 NOTICE OF APPEARANCE by Andrew L. Hoffman on behalf of Deepak Kavadia, Nice Gems, Inc. (Hoffman, Andrew)
April 4, 2012	Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 4/4/2012. (rjm)
April 4, 2012	Filing 19 ORDER ORDERED, that defendants, Deepaak Kavadia and Nice Gems, Inc. ("Defendant"), shall produce on April 16, 2012 at eleven o'clock in the AM at the office of Nice Gems, Inc. located at 55 West 47th Street, New York, New York 10036 the following property: (1) 1600 carats of diamonds corresponding with the Kimberly Process Certificate, dated March 28, 2011, attached to the Affidavit of Jose Marie Alves DeCastro, sworn to on February 16, 2012, as Exhibit A, and(2) fourteen (14) rough-cut diamonds corresponding with the receipt attached to the Affidavit of Jose Maria Alves DeCastro, sworn to on February 16, 2012, as Exhibit D; and it is further ORDERED, that plaintiffs, Jose Maria Alves DeCastro and DJJ-Mining & Services(Private) Limited ("Plaintiffs"), are authorized under the supervision and with the assistance of the United States Marshal, to take all steps to secure and remove from Nice Gems, Inc., 55 West 47th Street, New York, New York 10036 the following property: (1) 1600 carats of diamonds corresponding with the Kimberly Process Certificate, dated March 28, 2011, attached to the Affidavit of Jose Maria Alves DeCastro, sworn to on February 16, 2012, as Exhibit A, and (2)fourteen (14) rough-cut diamonds corresponding with the hand written receipt attached the Affidavit of Jose Maria Alves DeCastro, sworn to on February 16, 2012, as Exhibit D. All steps to secure and remove the property shall include, if necessary, the breaking open, entering and searching for said property and placing it with an appropriate storage facility; and it is further ORDERED, that Plaintiffs shall retain, Dunbar Global Logistics, as substitute custodian with adequate facilities and supervision for the proper transfer, maintenance and safekeeping of the property secured and removed from Defendants; and it is further ORDERED, that the United States Marshal is authorized and directed to enter and remain on the premises of the Office of Nice Gems, Inc., from the time and at the location stated herein to ensure the peaceful and unobstructed turnover of the diamonds by the Defendants in this case, and to take any and all necessary actions, including but not limited to, the arrest of any and all persons who obstruct, attempt to obstruct, or interfere or attempt to interfere, in any way with the execution of this Order. It is further ordered, that personal service of a copy of this order, upon defendants or their counsel on or before 1:00 in the afternoon, on April 5, 2012 shall be deemed good and sufficient service thereof. All other provisions as further set forth in this order (Signed by Judge Victor Marrero on 4/4/2012) (js)
April 4, 2012	Filing 18 Letter addressed to Judge Victor Marrero from Jeffrey Chabrowe dated 3/22/2012 re: Accordingly, the defense requests that any order pertaining to injunctive relief in this matter be stayed until the parties are duly heard. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants.(js)
April 3, 2012	Filing 17 FIRST REPLY MEMORANDUM OF LAW in Support of the Motion for a Preliminary Injunction. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 3, 2012	Filing 16 REPLY AFFIRMATION of John P. Gibbons, Jr. in Support. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 3, 2012	Filing 15 REPLY AFFIDAVIT of Jose Maria Alves DeCastro in Support. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
April 3, 2012	Filing 14 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Gibbons, John)
March 23, 2012	Filing 13 MEMORANDUM OF LAW in Opposition Plaintiffs' Order to Show Cause. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)
March 23, 2012	Filing 12 MEMORANDUM OF LAW in Opposition to Plaintiffs' Order to Show Cause. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)
March 23, 2012	Filing 11 DECLARATION of Jeffrey Chabrowe, Esq. in Opposition. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)
March 6, 2012	Filing 10 ORDER denying #7 Motion to Vacate filed by Deepak Kavadia, Nice Gems, Inc.: For the reasons set forth within, the motion to vacate (Docket No. 7} filed by defendants Deepak Kavadia and Nice Gems 1 Inc. is DENIED. (Signed by Judge Victor Marrero on 3/6/2012) (ab)
March 6, 2012	Filing 9 FIRST MEMORANDUM OF LAW in Support re: #7 MOTION to Vacate.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)
March 6, 2012	Filing 8 DECLARATION of Jeffrey Chabrowe in Support re: #7 MOTION to Vacate.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)
March 6, 2012	Filing 7 MOTION to Vacate. Document filed by Deepak Kavadia, Nice Gems, Inc..(Chabrowe, Jeffrey)
March 2, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jeffrey Chabrowe to RE-FILE Document #6 FIRST MOTION to Vacate Temporary Restraining Order. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
March 2, 2012	Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Vacate Temporary Restraining Order. Document filed by Deepak Kavadia, Nice Gems, Inc. (Attachments: #1 Affidavit, #2 Exhibit, #3 Supplement, #4 Exhibit)(Chabrowe, Jeffrey) Modified on 3/5/2012 (ldi).
March 2, 2012	Filing 5 NOTICE OF APPEARANCE by Jeffrey Chabrowe on behalf of Deepak Kavadia, Nice Gems, Inc. (Chabrowe, Jeffrey)
March 1, 2012	Filing 4 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Jeffrey Chabrowe, Esq.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)
February 29, 2012	Filing 3 ENDORSED LETTER addressed to Judge Denise L. Cote from John P. Gibbons, Jr. dated 2/28/2012 re: Counsel for the Plaintiff writes to request that the defendant's responsive papers to Plaintiffs' Order to Show Cause be due 3/23/2012 and reply papers due by 4/3/2012. ENDORSEMENT: Granted. (Show Cause Response due by 3/23/2012.) (Signed by Judge Denise L. Cote on 2/29/2012 Part I) (ab)
February 28, 2012	CASHIERS OFFICE REGISTRY DEPOSIT dated 2/24/12, from Judge Judge Kimba M. Wood, received $10,000.00 from WIRE TRANSFER Receipt Number 12465400293 on 2/27/12. (dig)
February 27, 2012	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John P. Gibbons, Jr. for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (rdz)
February 24, 2012	Filing 2 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. Defendants shall show cause as to why an order should not be issued pursuant to FRCP 65 enjoining Defendants during the pendency of this action from selling, transferring re diamonds which are the subject of this action, and as further set forth in this action. Show Cause Hearing set for 3/2/2012 at 10:00 AM in Room 660, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Kimba M. Wood, Part I on 2/24/2012) (cd)
February 24, 2012	Filing 1 COMPLAINT against Deepak Kavadia, Nice Gems, Inc.. (Filing Fee $ 350.00, Receipt Number 465401030670)Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(rdz) (ama).
February 24, 2012	SUMMONS ISSUED as to Deepak Kavadia, Nice Gems, Inc.. (rdz)
February 24, 2012	Case Designated ECF. (rdz)
February 24, 2012	Magistrate Judge Debra C. Freeman is so designated. (rdz)

January 14, 2019

CASHIERS OFFICE REGISTRY DISBURSEMENT as per #440 Order, dated 1/10/2019, from Judge Jesse M. Furman, on 1/11/2019 disbursed to pay Law Offices Stuart L. Melnick, LLC $10,000.00 Check No. 01903244 dated 1/11/2019 (cco)

January 10, 2019

Filing 440 ORDER DIRECTING PAYMENT OF UNCLAIMED DIVIDEND: NOW it is ORDERED, that the United States Treasury, by check, pay to Law Offices Stuart L. Melnick, LLC as attorneys for Jose Maria Alves DeCastro, et al. in the amount of $10,000.00 as such person's unclaimed dividend from FUND 613300. (Signed by Judge Jesse M. Furman on 1/10/2019) (ne) Transmission to Finance Unit (Cashiers) for processing.

January 9, 2019

Filing 439 LETTER addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 9, 2019 re: Order Directing Payment of Unclaimed Dividend. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)

January 9, 2019

CASHIERS OFFICE REGISTRY DISBURSEMENT as per #438 Order on Motion for Conference,,,,, dated 12/6/2018, from Judge Jesse M. Furman, on 1/7/2019 disbursed to pay Kaufman & Serota, As Attys $60,256.19 Check No. 01902303 dated 1/7/2019 (cla)

December 11, 2018

CASHIERS OFFICE REGISTRY DISBURSEMENT as per #435 Memorandum & Opinion, Set Hearings,,,,,,,,,,,, dated 11/28/2018, from Judge Jesse M. Furman, on 12/5/2018 disbursed to pay Matthew J. Harris $40,000.00 Check No. 01902275 dated 12/5/2018 (cla)

December 6, 2018

Filing 438 ORDER REGARDING DISBURSEMENT OF FUNDS, BANKRUPTCY STAY, AND ADMINISTRATIVE CLOSURE granting #437 Letter Motion for Conference. The Court hereby adopts the terms of the agreement as stated the letter-motion and incorporates them into this Order. Accordingly, after subtracting the $40,000 that the Court has awarded to Matthew Harris, Esq. (if that amount has not already been disbursed to Mr. Harris), see Docket No. 435, the Clerk of Court is directed to disburse the remaining funds as described in the letter-motion. In light of the foregoing, it is further ORDERED that the conference previously scheduled for December 19, 2018 is CANCELLED. Finally, because the settlement agreement and this Order resolve all claims in this action not subject to the automatic bankruptcy stay, see Docket Nos. 315, 324, this action is administratively closed subject to the right of either Plaintiffs or Defendants to move to reopen within 21 days of the conclusion of bankruptcy proceedings, or the lifting or modification of the automatic stay as applied to this action. The Clerk of Court is directed to terminate Docket No. 437 and to administratively close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/6/2018) (ne) Transmission to Finance Unit (Cashiers) for processing.

December 6, 2018

Terminate Transcript Deadlines (ne)

December 5, 2018

Filing 437 FIRST LETTER MOTION for Conference Joint Cancellation Request For Cancellation of Conference Ordered in Doc. No. 435 for 12/19/2018 at 3:30 PM as no longer necessary because of Joint Settlement Agreement dated 12/4/2018 Doc. No. 436 addressed to Judge Jesse M. Furman from Jointly From Stuart Serota, Esq. and Stuart L. Melnick, Esq. dated December 4, 2018. Document filed by Gideon Finkelstein. Return Date set for 12/19/2018 at 03:30 PM.(Blum, Benjamin)

December 5, 2018

Filing 436 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. and Stuart L. Melnick, Esq. Joint Letter dated December 4, 2018 re: Joint Settlement Agreement Letter Settling Remaining Claims To Monies On Deposit With The Clerk Of The Court As Directed By Order Dated Nov. 28, 2018 (Doc. No. 435). Document filed by Gideon Finkelstein.(Blum, Benjamin)

November 28, 2018

Filing 435 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court finds that $90,000 is a fair and reasonable amount to award Harris for his services rendered in this case. Because Plaintiffs already paid Harris $50,000, however, the Court fixes the amount of Harris's lien at $40,000. (Harris Aff. 1). Once that amount is disbursed to Harris, a substantial portion of the proceeds from the sale of the diamonds (approximately $60,000) will still remain on deposit with the Court. It is therefore ORDERED that all parties (including Finkelstein) who claim an interest in the proceeds on deposit appear for a conference before the Court on December 19, 2018 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York New York, to discuss the appropriate next steps to be taken regarding the remaining funds. The parties are directed to confer prior to the conference and, thereafter, to submit a joint letter addressing that topic and whether there is anything the Court can do to facilitate a settlement of any remaining claims to the proceeds no later than December 13, 2018. The Clerk of Court is directed to disburse $40,000 from the amount held in the Court's registry to Mr. Harris. SO ORDERED. (Status Conference set for 12/19/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/28/2018) (ne) Transmission to Finance Unit (Cashiers) for processing.

October 27, 2018

Filing 434 OPPOSITION BRIEF re: #433 Affirmation in Support of Motion, Affirmation Response In Opposition to Third Application filed on 10/17/18 by Plaintiff(s)' Former Counsel Matthew J. Harris. Document filed by Gideon Finkelstein.(Blum, Benjamin)

October 17, 2018

Filing 433 AFFIRMATION of Matthew J. Harris in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN .. Document filed by MATTHEW J. HARRIS. (Attachments: #1 Exhibit Exh. A Time Sheets, #2 Exhibit Exh. B Retainer Agreement, #3 Exhibit Exh. C Blumberg Bill, #4 Exhibit Exh. D Arora Bill, #5 Exhibit Exh. E Arora Bill, #6 Exhibit Exhibit F Nachbar Bill)(Harris, Matthew)

October 3, 2018

Filing 432 OPINION AND ORDER re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN filed by Jose Maria Alves Decastro. For the foregoing reasons, the Court grants Harris's motion to enforce the attorney's charging lien. Further, no later than two weeks from the date of this Opinion and Order, Harris shall file a submission detailing the amount to which he is entitled based on the fair and reasonable value of his services, along with detailed time records in support of his submission. Any opposition to Harris's submission shall be filed within four weeks from the date of this Opinion and Order. The Court will reserve judgment on the amount of the lien pending those submissions. The Clerk of Court is directed to terminate Docket No. 391. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/3/2018) (ne)

October 2, 2018

CASHIERS OFFICE REGISTRY DEPOSIT as per #428 Consent Order, dated 8/1/2018, from Judge Judge Jesse M. Furman, received $59,337.50 from Miles & Stockbridge P.C. Receipt Number 19000001 on 10/2/2018. (cde)

October 1, 2018

Filing 431 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel for Dunbar Armored, Inc. dated 10/01/2018 re: Final status report re: results of second auction of rough-cut diamonds. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

August 31, 2018

Filing 430 LETTER addressed to Judge Jesse M. Furman from Richard L. Costella, Counsel for Dunbar Armored, Inc. dated 08/31/2018 re: Status report re: Second Auction. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Misken, Kenneth)

August 30, 2018

Filing 429 ORDER re: #428 Consent Order. No later than September 4, 2018, counsel for Dunbar shall submit an update letter, advising - among other things - whether the remaining diamonds were sold in the August 23rd auction and, if so, for how much; when settlement is anticipated; and when the net proceeds would likely be submitted into the Court registry. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/30/2018) (Text Only Order) (Furman, Jesse)

August 2, 2018

Filing 428 SECOND CONSENT ORDER AUTHORIZING SALE OF DIAMONDS: It is hereby: ORDERED, that Dunbar Armored, Inc., d/b/a Dunbar Global Logistics ("Dunbar"), is authorized to contract with Alex Cooper Auctioneers Inc. ("Cooper") for the auction of all Diamonds not sold at the initial auction (collectively, the "Remaining Diamonds"); and it is further ORDERED, that the Auction (the "Auction") shall be conducted upon the following terms, which terms are general in nature and not intended to be an exhaustive list of the terms governing the Auction: (a) the Auction shall be held on August 23, 2018; (b) the Auction shall be conducted live and/or online with a simultaneous broadcast with interactive live/absentee bidding; and as further set forth in this order. ORDERED: Miles & Stockbridge is authorized to pay to Dunbar, out of the sale proceeds, the amount of $2,500.00 as reimbursement for costs and fees incurred as part of the Auction. (Signed by Judge Jesse M. Furman on 8/1/2018) (ne)

August 1, 2018

Filing 427 PROPOSED CONSENT ORDER. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Misken, Kenneth)

August 1, 2018

Filing 426 LETTER addressed to Judge Jesse M. Furman from Kenneth Misken, Counsel for Dunbar Armored, Inc. dated 08/01/2018 re: Second Consent Order Authorizing Sale of Diamonds. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

July 18, 2018

Filing 425 ORDER terminating #423 Letter Motion to Adjourn Conference. Upon review of the parties' (numerous) letters and the positions set forth therein regarding how to proceed in this matter, the Court sees no need at this time to reschedule the conference previously scheduled for yesterday. Mr. Finkelstein's claims regarding Dunbar's and Alex Cooper Auctioneers' roles in the current predicament are off-base and misdirected, and his arguments in support of the path forward he suggests border on frivolous. Despite wanting out of its role in this case for some time, Dunbar has been holding the diamonds pursuant to an Order of the Court, and there is no valid basis to question the way it or Alex Cooper Auctioneers handled the first auction. In light of that, the Court sees no reason not to allow Dunbar and Alex Cooper Auctioneers to attempt again to sell the remaining diamonds, with the cash proceeds to be allocated as directed by the Court. Accordingly, by no later than August 1, 2018, counsel for Dunbar shall confer with all other counsel and submit a proposed order (on ECF and, by e-mail, in Microsoft Word format) directing that the diamonds referred to as the "Treated Lot" and the "Delinquent Lot" be sold at the August 23, 2018, Alex Cooper auction, with $2,500 of the proceeds from the sale going to Dunbar for attorneys' fees and costs and the remainder to be submitted within three business days of the auction to the Court registry to be disbursed at the Court's direction. The standard Terms and Conditions set forth on the Alex Cooper website (https://bid.alexcooper.com/conditions-of-sale) shall apply to the auction unless the parties agree or the Court orders otherwise. The Clerk of Court is directed to terminate Docket No. 423. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/2018) (ne) Modified on 7/19/2018 (ne).

July 17, 2018

Filing 424 ORDER with respect to #423 Letter Motion to Adjourn Conference. Today's conference is CANCELLED. The Court will enter an additional order in due course. The Court extends its best wishes to Mr. Serota for a speedy recovery. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

July 17, 2018

Filing 423 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Lila Serota, Esq. for Stuart Serota, Esq. dated July 17, 2018. Document filed by Gideon Finkelstein.(Blum, Benjamin)

July 16, 2018

CASHIERS OFFICE REGISTRY DEPOSIT as per #390 Consent Order, dated 3/2/2018, from Judge Judge Jesse M. Furman, received $40,918.69 from Miles Stockbridge P.C. Receipt Number 465400478 on 7/12/2018. (cde)

July 13, 2018

Filing 422 ORDER granting #421 Motion for Richard Lawrence Costella to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

July 13, 2018

Filing 421 MOTION for Richard Lawrence Costella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15318757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice)(Costella, Richard)

July 13, 2018

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #421 MOTION for Richard Lawrence Costella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15318757. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 12, 2018

Filing 420 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel for Dunbar Armored, Inc. dated 07/12/2018 re: Third Reply to letters of Gideon Finkelstein (Dkt. 417 & 419). Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

July 12, 2018

Filing 419 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated July 12, 2018 re: Creditor Finkelstein's Reply With Documentary Exhibits To Letter of 7/11/18 [Doc. No. 418] Written By Miles & Stockbridge, P.C. (Kenneth M. Misken, Esq.) To The Court. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Exhibit 1 - Alex Cooper Auctioneer Advertisement Of Having 2 Gemologists On Staff, #2 Exhibit Exhibit 2 - Miles & Stockbridge Notice Of Sale Of Loose And Rough Diamonds, #3 Exhibit Exhibit 3 - Alex Cooper Auctioneer's Catalogue Descriptions of 14 Diamonds Lots)(Blum, Benjamin)

July 11, 2018

Filing 418 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, counsel for Dunbar Armored, Inc. dated 07/11/18 re: Letter submitted by counsel to Gideon Finkelstein [Dkt. 408]. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

July 11, 2018

Filing 417 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated July 10, 2018 re: Creditor Finkelstein's Withdrawal Of His Consent To Auction Sale And Proposal For Other Relief. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Consent Order Authorizing Sale Of Diamonds Dated March 2, 2018, #2 Exhibit Collectively Finkelstein Letters To Court of 6/15/18 and 6/26/18)(Blum, Benjamin)

July 5, 2018

Filing 416 ORDER: The conference scheduled for July 16, 2018, is hereby RESCHEDULED to July 17, 2018, at 2:00 p.m. SO ORDERED. (Status Conference set for 7/17/2018 at 02:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/5/2018) (ne)

July 5, 2018

Filing 415 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel for Dunbar Armored, Inc. dated 07/05/2018 re: Next auction scheduled for August 23, 2018. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

June 29, 2018

Filing 414 ORDER re: #413 Letter, filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. The conference scheduled for July 2, 2018, is hereby ADJOURNED to July 16, 2018, at 4:00 p.m. In light of that delay, the July Alex Cooper auction date is obviously not an option. Accordingly, counsel to Dunbar shall file a letter in advance of the conference explaining when an auction could be held by Alex Cooper assuming the Court approves that option at the July 16th conference. Counsel for Mr. Finkelstein is directed to contact the United States Marshal Service, in both this District and the District of Maryland, to determine whether the diamonds could be auctioned off by the Marshal Service and, if so, what that would involve. Counsel shall submit a letter regarding those matters in advance of the conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/29/2018) (Text Only Order) (Furman, Jesse)

June 29, 2018

Filing 413 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken, Counsel to Dunbar Armored, Inc. dated 06/29/2018 re: Continuance of conference scheduled for July 2, 2018 @ 3:45 p.m.. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

June 29, 2018

Filing 412 ORDER re: #411 Letter filed by Jose Maria Alves Decastro. Mr. Melnick is granted leave to participate by telephone. He shall arrange for a conference-call line and provide the necessary dial-in information to counsel for Dunbar and to Chambers in advance of the conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/29/2018) (Text Only Order) (Furman, Jesse)

June 28, 2018

Filing 411 LETTER addressed to Judge Jesse M. Furman from Stuart L. Melnick dated June 28, 2018 re: Request to Appear Telephonically for 7/2/18 Conference. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)

June 28, 2018

Filing 410 ORDER: The Court will hold a conference on July 2, 2018, at 3:45 p.m. to address the disposition of the remaining diamonds. Counsel for Dunbar is granted leave to participate by telephone and shall make the necessary arrangements with Chambers in advance. As the Court has noted before, Mr. Harris lacks standing to opine on the disposition of the diamonds and will not be heard at the conference; additionally, the Court will disregard the letters that he has filed on the matter. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/28/2018) (Text Only Order) (Furman, Jesse)

June 27, 2018

Filing 409 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 06/27/2018 re: Response to letters by Kenneth Misken (06/25/2018) and Stuart Serota (06/26/2018).. Document filed by HARRIS J. MATTHEW.(Harris, Matthew)

June 26, 2018

Filing 408 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated June 26, 2018 re: Opposition To Dunbar's NEW REQUEST Made 6/25/18 & Proposed Alternative In Light Of Admissions Made By Dunbar In Such Pacer ECF 6/25/18 Filing. Document filed by Gideon Finkelstein.(Blum, Benjamin)

June 25, 2018

Filing 407 LETTER addressed to Judge Jesse M. Furman from Dunbar Global dated 06/25/2018 re: Reply to letter and proposed Order of Stewart Serota.. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

June 22, 2018

Filing 406 ORDER re: #404 Letter, filed by Gideon Finkelstein. Dunbar shall file a response to Mr. Serota's letter and proposed order by June 25, 2018, addressing - among other things - the concerns expressed about Alex Cooper's handling of the auction and the procedures that would be used in the event that Alex Cooper were authorized to conduct another auction. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/22/2018) (Text Only Order) (Furman, Jesse)

June 18, 2018

Filing 405 LETTER addressed to Judge Jesse M. Furman from Mathew J. Harris dated 06/18;2018 re: Opposition to letter and proposed Order of Stewart Serota. Document filed by HARRIS J. MATTHEW.(Harris, Matthew)

June 17, 2018

Filing 404 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated June 15, 2018 re: Opposition To Dunbar's Request And/Or Proposed Alternative with Proposed Order attached. Document filed by Gideon Finkelstein. (Attachments: #1 Text of Proposed Order Proposed Order)(Blum, Benjamin)

June 14, 2018

Filing 403 ORDER re: #402 Letter filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. Any party that opposes Dunbar's request for authorization to sell the "Treated Lots" and the "Delinquent Lots" in the Alex Cooper auction scheduled for July 19, 2018, shall file a letter stating the reasons for such opposition - and proposing an alternative way of proceeding in light of the latest developments - no later than June 18, 2018. If any party believes that the Court should hold a conference, that party shall file a letter motion to that effect by the same date. In the absence of any opposition or requests for a conference, the Court will grant Dunbar's request without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/2018) (Text Only Order) (Furman, Jesse)

June 14, 2018

Filing 402 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated June 14, 2018 re: Status Report. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit)(Misken, Kenneth)

April 2, 2018

Filing 401 REPLY MEMORANDUM OF LAW in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by HARRIS J. MATTHEW. (Harris, Matthew)

March 26, 2018

Filing 400 CERTIFICATE OF SERVICE. Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)

March 26, 2018

Filing 399 MEMORANDUM OF LAW in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)

March 22, 2018

Filing 398 MEMORANDUM OF LAW in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . Finkelstein's Exhibits 1-10 To Opposition. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Exhibits 1-4, #2 Exhibit Exhibits 5-10)(Blum, Benjamin)

March 22, 2018

Filing 397 MEMORANDUM OF LAW in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by Gideon Finkelstein. (Blum, Benjamin)

March 22, 2018

Filing 396 AFFIRMATION of Stuart Serota, Esq. in Opposition re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN .. Document filed by Gideon Finkelstein. (Blum, Benjamin)

March 20, 2018

Filing 395 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/18 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...(McGuirk, Kelly)

March 20, 2018

Filing 394 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018.(McGuirk, Kelly)

March 11, 2018

Filing 393 MEMORANDUM OF LAW in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . . Document filed by HARRIS J. MATTHEW, MATTHEW J. HARRIS. (Attachments: #1 Exhibit JUDGMENT, #2 Exhibit Affidavit of Service, #3 Exhibit AFFIDAVIT OF SERVICE, #4 Exhibit BILLS, #5 Exhibit AGREEMENT)(Harris, Matthew)

March 11, 2018

Filing 392 AFFIRMATION of MATTHEW J. HARIS in Support re: #391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit AGEEMENT, #2 Exhibit BILLS, #3 Exhibit ARORA, #4 Exhibit NACHBAR)(Harris, Matthew)

March 11, 2018

Filing 391 MOTION TO ENFORCE ATTORNEY CHARGING LIEN . Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 2, 2018

Filing 390 CONSENT ORDER AUTHORIZING SALE OF DIAMONDS: ORDERED: Miles & Stockbridge P.C., counsel for Dunbar Armored, Inc. d/b/a Dunbar Global logistics (the substitute custodian and referred to herein as "Dunbar"), is authorized to contract with Alex Cooper Auctioneers Inc. for the auction of the diamonds upon, including but not limited to, the following terms: (See document.) ORDERED: Within 10 days after the payment of Dunbar's custodian fees and allowed attorneys' fees and costs, Miles & Stockbridge shall deliver the remaining proceeds from the sale of the diamonds into the registry of the Court to be disbursed at the Court's discretion, and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/2/2018) (ras)

March 2, 2018

Filing 389 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated March 2, 2018 re: Consent Order Authorizing Sale of Diamonds. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Text of Proposed Order)(Misken, Kenneth)

February 28, 2018

Filing 388 ORDER granting #387 Letter Motion for Extension of Time to submit proposed order. The deadline for Dunbar to submit a proposed order authorizing the sale of the diamonds is hereby EXTENDED to March 2, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

February 28, 2018

Filing 387 LETTER MOTION for Extension of Time to submit proposed order addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 02/28/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

February 26, 2018

Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 2/26/2018. Court reporter present. (ab)

February 26, 2018

Filing 386 ORDER: As discussed on the record at the conference held this afternoon, counsel for Dunbar shall confer with all other counsel and submit an agreed upon proposed order (on ECF and, by email, in Microsoft Word format) directing that the fourteen diamonds at issue be sold at auction, with the proceeds going first to Dunbar and then to the Court registry to be disbursed at the Court's direction. Mr. Harris's Petition is denied without prejudice to renewal by formal motion in accordance with the Local Rules, which shall be filed within two weeks of today's date; any opposition to Mr. Harris's motion shall be filed within two weeks of the motion; and any reply shall be filed within one week of the opposition. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/26/2018) (Text Only Order) (Furman, Jesse)

February 22, 2018

Filing 385 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. and Stuart L. Melnick, Esq. dated February 21, 2018 re: Joint Status Letter as Ordered on 1/4/18. Document filed by Gideon Finkelstein.(Blum, Benjamin)

February 22, 2018

NOTICE: The time for the conference in this matter, scheduled for February 26, 2018, is changed from 3:30 p.m. to 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Alexandra Smallman, Courtroom Deputy) (ab)

February 8, 2018

Filing 384 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated February 8, 2018 re: Reply to Opposition of Gideon Finkelstein to Petition for Enforcement of Attorney Charging Lien. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A Retainer, #2 Exhibit B Judgement)(Harris, Matthew)

February 2, 2018

Filing 383 CERTIFICATE OF SERVICE. Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)

February 2, 2018

Filing 382 MEMORANDUM OF LAW in Opposition to the Petition of Matthew J. Harris to Enforce Charging Lien. Document filed by Jose Maria Alves Decastro. (Melnick, Stuart)

February 1, 2018

Filing 381 SECOND MEMORANDUM OF LAW re: #370 Letter, . Document filed by Gideon Finkelstein. (Attachments: #1 Appendix Index Of Exhibits To Finkelstein Memorandum Of Law In Opposition, #2 Exhibit Unpaid Judgment 12/31/14 of NY State Supreme Court with Underlying Decision & Order, #3 Exhibit UCC-1 Filed 11/14/13 By Finkelstein Against DeCastro and DJJ As To 14 Diamonds, #4 Exhibit Finkelstein's Verified Complaint In NY State Supreme Court Action, #5 Exhibit 9/29/17 Decision & Order of NY State Supreme Court On The Merits, #6 Exhibit Affidavit Of Factual Basis By Finkelstein 6/25/14, #7 Exhibit Non-Party Affidavit Of Gadi Elkabas, #8 Exhibit Court Appointed Expert's Appraisal Valuation Report As To 14 Diamonds, #9 Exhibit Certificate Of Service)(Blum, Benjamin)

February 1, 2018

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Benjamin Robert Blum. Document Nos. [377-380] Exhibit(s). These documents are not filed via ECF. (db)

January 30, 2018

Filing 380 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Certificate Of Service of Finkelstein's Opposition To Petition of Matthew J. Harris. Document filed by Gideon Finkelstein. (Blum, Benjamin) Modified on 2/1/2018 (db).

January 30, 2018

Filing 379 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Finkelstein's Opposition To Petition Of Matthew J. Harris. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Finkelstein's Verified Complaint In NY State Action)(Blum, Benjamin) Modified on 2/1/2018 (db).

January 30, 2018

Filing 378 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Finkelstein's Opposition To Petition Of Matthew J. Harris. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit 9/29/17 NY State Supreme Court Decision & Order On The Merits, #2 Exhibit Finkelstein's Affidavit Of Factual Basis In NY State Supreme Court Action, #3 Exhibit Non-Party Affidavit of Gadi Elkabas In NY State Supreme Court Action, #4 Exhibit Court Appointed Expert's Appraisal/Valuation Report As To 14 Diamonds)(Blum, Benjamin) Modified on 2/1/2018 (db).

January 30, 2018

Filing 377 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Opposition To Petition By Matthew J. Harris. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Unpaid NY State Supreme Court Judgment filed 12/31/14 with underlying Decision & Order, #2 Exhibit UCC-1 Filed 11/14/13 By Finkelstein)(Blum, Benjamin) Modified on 2/1/2018 (db).

January 30, 2018

Filing 376 MEMORANDUM OF LAW in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Opposition To Petition of Matthew J. Harris. Document filed by Gideon Finkelstein. (Blum, Benjamin)

January 30, 2018

Filing 375 AFFIRMATION of Stuart Serota, Esq. in Opposition re: #373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018.. Document filed by Gideon Finkelstein. (Blum, Benjamin)

January 29, 2018

Filing 374 ORDER granting #373 Letter Motion for Extension of Time. The deadline for any opposition to Mr. Harris's Petition to Enforce is EXTENDED to February 2, 2018, and the deadline for any reply is EXTENDED to February 9, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

January 29, 2018

Filing 373 LETTER MOTION for Extension of Time to file opposition papers to Petition of Matthew J. Harris to Enforce Charging Lien addressed to Judge Jesse M. Furman from Stuart L. Melnick dated January 29, 2018. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)

January 25, 2018

Filing 372 RESPONSE re: #370 Letter, to Petition by Matthew J. Harris for Enforcement of Charging Lien. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A)(Misken, Kenneth)

January 17, 2018

Filing 371 ORDER re: #370 Petition to Enforce Charging Lien. Any opposition to Mr. Harris's Petition to Enforce shall be filed by January 30, 2018; any reply shall be filed by February 6, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/2018) (Text Only Order) (Furman, Jesse)

January 16, 2018

Filing 370 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 01.16.2018 re: Petition to Enforce Charging Lien. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A - Affidavit of Service, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Retainer Agreement, #4 Exhibit D - Bills)(Harris, Matthew)

January 11, 2018

Filing 369 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNENCE proceeding held on 12/11/17 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...(McGuirk, Kelly)

January 11, 2018

Filing 368 TRANSCRIPT of Proceedings re: CONFERNECE held on 12/11/2017 before Judge Jesse M. Furman. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/11/2018.(McGuirk, Kelly)

January 4, 2018

Filing 367 ORDER granting #365 Letter Motion to Adjourn Conference. The January 10, 2018 conference is hereby ADJOURNED to February 26, 2018, at 3:30 p.m. (In light of the adjournment, the Court sees no need to address #366 the letter of Mr. Harris at this time, except to say that it is unclear whether Mr. Harris, as former counsel, has standing to litigate the issues he raises.) No further adjournments will be granted on the basis of continuing settlement discussions. If the remaining disputes are not settled by the conference, the parties should be prepared to propose an expedited means of resolving them. No later than the Thursday before the conference, the parties shall file a joint status letter, addressing both where things stand and how they propose to resolve any remaining disputes. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

January 4, 2018

Filing 366 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated January 4, 2018 re: Accept Memoranda of Law and Schedule Hearing. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Judgement, #2 Exhibit Affidavit of Service, #3 Exhibit Restraining Notice)(Harris, Matthew)

January 4, 2018

Filing 365 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Stuart Serota, Esq. with Stuart L. Melnick, Esq. dated January 4, 2018. Document filed by Gideon Finkelstein. Return Date set for 1/10/2018 at 03:30 PM.(Blum, Benjamin)

January 3, 2018

Filing 364 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. and Stuart L. Melnick, Esq. jointly dated January 3, 2018 re: Update For Court by Counsels as Ordered. Document filed by Gideon Finkelstein.(Blum, Benjamin)

December 28, 2017

Filing 363 ORDER terminating #322 Letter Motion for Leave to File Order from NJ Bankruptcy Court lifting automatic stay in in this case. See Docket No. 324. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

December 24, 2017

Filing 362 NOTICE OF CHANGE OF ADDRESS by Stuart L. Melnick on behalf of All Plaintiffs. New Address: Law Offices Stuart L. Melnick, LLC, 60 East 42nd Street, Suite 4600, New York, NY, United States 10165, 2126019274. (Melnick, Stuart)

December 11, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 12/11/2017. Stuart Melnick present for Plaintiff. Stuart Serota present for Finkelstein. Kenneth Misken present for Dunbar. Court reporter present. (ab)

December 7, 2017

Filing 361 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated December 7, 2017 re: Status Conference. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Attachment to Letter)(Misken, Kenneth)

December 7, 2017

Filing 360 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. with Stuart L. Melnick, Esq. dated December 7, 2017 re: Court Ordered Update with Appraisal Report attached. Document filed by Gideon Finkelstein.(Blum, Benjamin)

December 6, 2017

Filing 359 ORDER granting #358 Letter Motion to Participate by Telephone in the December 11, 2017 Conference. Counsel shall contact Chambers to make arrangements to participate by telephone. On a related note, in the letter to be submitted by December 7, 2017, counsel should not only update the Court on the status of the appraisal, but also include counsel's views on how the Court should proceed in light of the appraisal and other circumstances. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

December 6, 2017

Filing 358 LETTER MOTION for Conference requesting appearance at December 11, 2017 Status Conference by telephone addressed to Judge Jesse M. Furman from Kenneth M. Misken dated December 6, 2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

November 14, 2017

Filing 357 ORDER re: #356 Letter filed by Gideon Finkelstein. The status conference is ADJOURNED to December 11, 2017, at 11 a.m. The parties are hereby ORDERED to file a letter, no later than December 7, 2017, updating the Court on the results of the appraisal. Counsel is reminded that requests for adjournment should be made by letter-motion filed on ECF, not ordinary letter. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/2017) (Text Only Order)(Furman, Jesse)

November 14, 2017

Filing 356 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated November 14, 2017 re: Adjournment of Status Conference presently scheduled for 11/16/17. Document filed by Gideon Finkelstein.(Blum, Benjamin)

November 1, 2017

Filing 355 ORDER: granting #323 Letter Motion for Leave to File Document and re: #322 Letter. In light of this letter, Mr. Harris's motion to withdraw (Docket No. 323) is GRANTED and he is permitted to withdraw, subject to a charging lien in the amount of $132,750. The Clerk of Court is directed to substitute Mr. Melnick as counsel for Plaintiffs; to terminate Mr. Harris; and to terminate Docket Nos. 322 and 323. (Signed by Judge Jesse M. Furman on 11/1/2017) (ap)

October 31, 2017

Filing 354 LETTER addressed to Judge Jesse M. Furman from Stuart L. Melnick dated October 31, 2017 re: Text Only Order, dated October 27, 2017. Document filed by Jose Maria Alves Decastro.(Melnick, Stuart)

October 27, 2017

Filing 353 ORDER re: #352 Letter, filed by Jose Maria Alves Decastro. Mr. Melnick shall advise the Court no later than November 1, 2017, if it is his intention and desire to substitute for Mr. Harris and, by the same date, respond to Mr. Harris's request for reconsideration. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/27/2017) (Text Only Order)(Furman, Jesse)

October 27, 2017

Filing 352 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 10/27/2017 re: Request for judge to reconsider previous Motion to Withdraw as Counsel. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Bills, #2 Exhibit Agreement)(Harris, Matthew)

October 27, 2017

Filing 351 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 27, 2017 re: cc to Court of Letter re examination of 14 diamonds for appraisal. Document filed by Gideon Finkelstein.(Blum, Benjamin)

October 25, 2017

Filing 350 NOTICE OF APPEARANCE by Stuart L. Melnick on behalf of Jose Maria Alves Decastro. (Melnick, Stuart)

October 25, 2017

Filing 349 MEMO ENDORSEMENT on re: #348 Letter filed by Gideon Finkelstein. ENDORSEMENT: In light of this letter, and the letter from Dunbar Armored, Inc., dated October 17, 2017 (Docket No. 343), the Court's Order of October 10, 2017 (Docket No. 342) is hereby modified as follows: 1. The appraisal shall take place, within twenty-one days of the date of this endorsed letter, at the Dunbar Armored Cash Vault Facility located at 4983 Mercantile Drive, White Marsh, Maryland 21236. 2. The opening of the container and appraisal shall take place in a secured room under camera with one of Dunbar's regional security officers present. 3. The repackaging and securing of the diamonds would take place within the same room and time period. (Signed by Judge Jesse M. Furman on 10/25/2017) (ras)

October 25, 2017

Filing 348 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 25, 2017 re: Appraisal of 14 diamonds. Document filed by Gideon Finkelstein.(Blum, Benjamin)

October 18, 2017

Filing 347 ORDER re: #346 Letter filed by Gideon Finkelstein. Dunbar shall promptly investigate the costs and feasibility of transporting the diamonds to Manhattan and confer with counsel for Plaintiffs and Mr. Finkelstein. No later than October 25, 2017, counsel for Mr. Finkelstein shall file a joint update letter advising the Court of the relevant parties' respective positions. In the meantime, the deadline for the appraisal to be conducted is hereby stayed. (Signed by Judge Jesse M. Furman on 10/18/2017) (Furman, Jesse)

October 18, 2017

Filing 346 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 18, 2017 re: appraisal of 14 diamonds. Document filed by Gideon Finkelstein.(Blum, Benjamin)

October 18, 2017

Filing 345 CERTIFICATE OF SERVICE of Court Order served on Jose Maria Alves DeCastro and DJJ Mining & Services (PIVATE) Limited on 10/12/2017. Service was made by US Mail. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

October 17, 2017

Filing 344 ORDER re: #343 Letter filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. The Court is dismayed to learn that counsel did not consult with Dunbar in connection with the proposed order they had submitted. The Court is inclined to grant Dunbar's request for modifications of the Order of October 10th, but will give counsel for Plantiffs and Mr. Finkelstein an oppportunity to be heard. Any objections shall be submitted by letter no later than tomorrow, October 18, 2017. (Signed by Judge Jesse M. Furman on 10/17/2017) (Furman, Jesse)

October 17, 2017

Filing 343 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated October 17, 2017 re: October 10, 2017 Order. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

October 10, 2017

Filing 342 ORDER: In furtherance of the Court's prior September 14,2017 Order,Mr. Itzhak Friedman of Simka Diamonds, located at 580 Fifth Avenue, Suite 709,New York, NY 10036, telephone nos. (212) 921-4420 or (845) 238-0923, shall be the diamond expert to do an independent appraisal and proximate written valuation of the 14 Diamonds in U.S. Dollars as set forth in the said 9/14/2017 Order.The said appraisal shall be conducted in Manhattan, New York at the above office of Simka Diamonds or at such other location in Manhattan, New York as shall be designated by Dunbar Global Logistics the Court's appointed custodian of the 14 Diamonds. Dunbar Global Logistics shall produce the 14 Diamonds for Mr. Itzhak Friedman to appraise in the continual, uninterrupted presence of a representative of Dunbar Global Logistics. At no time shall the 14 Diamonds, or any parties) thereof, be removed from the presence and custody of their Court appointed custodian Dunbar Global Logistics. The physical appraisal by Mr. Itzhak Friedman of the 14 Diamonds shall be conducted within twenty (20) days of the date of this Order. Plaintiffs or a representative of Plaintiffs holding written authorization from Plaintiffs may be present at the appraisal. Mr. Gideon Finkelstein (Judgment Creditor/Holder of UCC-1 on the 14 Diamonds) or his representative holding written authorization from him may also be present at the appraisal. Matthew J. Harris, Esq. and Stuart Serota, Esq. are each directed to be present at the appraisal. Mr. Harris shall promptly serve a copy of this Order on Plaintiffs. Mr. Harris shall file proof of such service on the docket. (Signed by Judge Jesse M. Furman on 10/10/2017) (js)

October 10, 2017

Filing 341 MEMO ENDORSED on re: #339 Letter, filed by Jose Maria Alves Decastro. ENDORSEMENT: Plaintiffs should not file any such motion or memorandum at this time. Counsel for Plaintiffs, counsel for Mr. Finkelstein, and counsel for Dunbar shall confer within one week of receiving the appraisal of the 14 diamonds and submit a joint letter to the Court advising the Court of the results of the appraisal and proposing how to proceed under the circumstances (including whether a conference is appropriate). (Signed by Judge Jesse M. Furman on 10/10/2017) (js)

October 5, 2017

Filing 340 CERTIFICATE OF SERVICE of COURT ORDER served on Jose Maria Alves DeCastro, DJJ Minng & Sevces (PRIVATE) LIMITED on SEPTEMBER 18, 2017. Service was made by FEDEX. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

October 5, 2017

Filing 339 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated October 4, 2017 re: Status of related case in New York Supreme Court; request to submit Memorandum of Law. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Decisions in related case)(Harris, Matthew)

October 5, 2017

Filing 338 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated October 4, 2017 re: Compliance With 9/14/17 Order. Document filed by Gideon Finkelstein.(Blum, Benjamin)

September 14, 2017

Filing 337 ORDER: As discussed at yesterday's conference, the Court reserves judgment on the ownership of the 14 diamonds at issue in this lawsuit and the motion by Plaintiffs' counsel, Matthew J. Harris, to withdraw as counsel. Further, it is hereby ORDERED that Mr. Harris, Plaintiff DeCastro (if he wishes), and counsel for Gideon Finkelstein shall attend a conference on November 16, 2017, at 3:00 p.m. EST, in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. If Mr. DeCastro will not be in the United States on that date and wishes to participate in the conference by telephone, he shall make arrangements with Chambers prior to the conference by calling (212) 805-0282. Counsel are expected to be present at the conference. No later than the Thursday of the week prior to the conference, Mr. Harris and counsel for Mr. Finkelstein shall file on ECF a joint letter notifying the Court of the status of the state court proceedings and the appraisal of the 14 diamonds. The parties shall also advise the Court within 72 hours of any material developments in the state court proceedings. Finally, counsel should confer with respect to whether an independent appraisal of the 14 diamonds is feasible and, if so, submit an agreed upon proposed order or competing orders. Mr. Harris shall promptly serve a copy of this Order on Plaintiffs. By September 20, 2017, Mr. Harris shall file proof of such service on the docket. (Status Conference set for 11/16/2017 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/14/2017) (ras)

September 13, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 9/13/2017. Matthew Harris present for Plaintiff. Stuart Serota present for Gideon Finkelstein, the judgment creditor. Kenneth Misken present (via phone) for Dunbar. Court reporter present. (ab)

September 12, 2017

Filing 336 ORDER granting #335 Letter Motion requesting telephonic appearance at the 9/13/2017 Status Conference. Counsel for Dunbar should make arrangements with Chambers to participate in the status conference by telephone. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

September 12, 2017

Filing 335 LETTER MOTION for Conference requesting telephonic appearance at the 9/13/2017 Status Conference addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 09/12/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

August 24, 2017

Filing 334 ORDER re: #333 Letter filed by Jose Maria Alves Decastro. In light of the state court conference, the conference in this matter is ADJOURNED from September 7, 2017, to September 13, 2017, at 3:00 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/24/2017) (Furman, Jesse)

August 23, 2017

Filing 333 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 08/23/2017 re: Status of related case in New York Supreme Court. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

August 23, 2017

Filing 332 CERTIFICATE OF SERVICE of Order served on Stuart Serota, Esq. on 08.23/2017. Service was made by Mail. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

August 23, 2017

Filing 331 CERTIFICATE OF SERVICE of Order served on JOSE MARIA ALVES DECASTRO and DJJ-MINING & SERVICES (PRIVATE) LIIMITED on 08/23, 2017. Service was made by FedEx. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

August 22, 2017

Filing 330 ORDER: In order to address the above issues namely, ownership (or possession) of the Fourteen Diamonds and Mr. Harris' motion to withdraw as counsel it is ORDERED that Mr. Harris, Plaintiff DeCastro (if he wishes), and counsel for Mr. Finkelstein attend a conference on September 7, 2017, at 2:30 p.m. EDT, in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. In light of the pending bankruptcy and the bankruptcy trustee's statements to the Court, neither Defendants nor the bankruptcy trustee need appear at the conference. If Mr. DeCastro will not be in the United States on that date and wishes to participate in the conference by telephone, he shall make arrangements with Chambers prior to the conference by calling (212) 805-0282. Counsel are expected to be present at the conference. The participants shall be prepared to discuss: Mr. Harris motion to withdraw as counsel and Plaintiffs' intent to either retain new counsel or proceed pro se; and the significance, if any, of the fact that Mr. Finkelstein's default judgment is against only DJJ Mining and that the jury trial was limited to liability only as between Plaintiff DeCastro and Defendant Deepak Kavadia. (See Docket No. 308 Ex. 4, at 2 (instructing the jury that "At the beginning of the case, I told you that DJJ-Mining & Services (Private) Limited and Nice Gems, Inc. were also parties. You will not, however, be asked to deliberate on any claims for or against these companies. That is, the only claims and counterclaims you will be asked to consider are those by Mr. DeCastro against Mr. Kavadia and those by Mr. Kavadia against Mr. DeCastro."); see also Docket. No. 309 Ex. 11 (verdict form)). Mr. Harris shall promptly serve a copy of this Order on Plaintiffs and Mr. Finkelstein's counsel. By August 25, 2017, Mr. Harris shall file proof of such service on the docket, and as further set forth in this order. Set Deadlines/Hearing as to (Motion Hearing set for 9/7/2017 at 2:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/22/2017) (ap) Modified on 8/22/2017 (ap).

August 5, 2017

Filing 329 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated 8/5/2017 re: DeCastro vs. Kavadia. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit State Court Order to Show Cause to Vacate Judgment, #2 Exhibit Finkelstein Opposition Part I, #3 Exhibit Finkelstein Opposition Part II)(Blum, Benjamin)

July 28, 2017

Filing 328 CERTIFICATE OF SERVICE of Motion to Withdraw as Counsel served on Jose Maria Alves DeCastro, DJJ-Minng & Services (Private) limited on July 27, 2014. Service was made by FeDex. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

July 27, 2017

Filing 327 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 7-27-17 re: Proof of Service of Orders and Letter. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

July 27, 2017

Filing 326 ORDER: By letter dated July 26, 2017, Defendants' counsel, Andrew Lavoott Bluestone, submits that Defendants' bankruptcy trustee is the proper party to address Defendants' claim to the 14 diamonds at issue in this lawsuit. Dkt. No. 325. Accordingly, it is ORDERED that: 1. Mr. Bluestone shall promptly provide the Court's July 26th Order, a copy of his letter, and this Order, to the bankruptcy trustee and Defendants' bankruptcy counsel, and shall docket proof of such service; 2. By August 7, 2017, Plaintiffs or the bankruptcy trustee shall move to substitute the trustee for Defendants, unless the Court orders otherwise based on a letter proposing another way to proceed; and 3. The deadlines for (a) Defendants' letter as to whether they intend to file a post-trial motion regarding the 14 diamonds and (b) Defendants' objections to Mr. Harris's motion to withdraw as counsel are EXTENDED until one week after the substitution issue is resolved. Plaintiffs' deadline to file any opposition to Mr. Harris's motion to withdraw remains the same. (Motions due by 8/7/2017.) (Signed by Judge Jesse M. Furman on 7/27/2017) (ras)

July 26, 2017

Filing 325 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 7-26-17 re: Order. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

July 26, 2017

Filing 324 ORDER: It is hereby ORDERED that: This case is REOPENED and the stay LIFTED as to the 14 diamonds. Mr. Harris' letter-motion seeking leave to file a motion to be relieved as counsel is GRANTED. The Court construes Mr. Harris' letter-motion as his motion. Mr. Harris shall promptly serve his motion, supporting papers, and a copy of this Order on Plaintiffs. By August 3, 2017, Mr. Harris shall file proof of service on the docket. Any opposition, from Plaintiffs or Defendants, to Mr. Harris' motion to be relieved as counsel shall be filed by August 10, 2017. Any reply shall be filed by August 17, 2017. By July 31, 2017, Defendants shall inform the Court by letter whether they intend to file a post-trial motion regarding the 14 diamonds. If so, the Court will set a briefing schedule. Unless and until Mr. Harris is relieved as counsel, Mr. Harris shall file a status letter with this Court within 72 hours of any decision by the New York Supreme Court on DJJ Mining's order to show cause. SO ORDERED. (Responses due by 8/10/2017. Replies due by 8/17/2017.) (Signed by Judge Jesse M. Furman on 7/26/2017) (anc)

July 24, 2017

Filing 323 LETTER MOTION for Leave to File 1. Notice of Motion to Withdraw as Counsel; 2. Affirmation of Mathew J. Harris in Support of Motion to Withdraw as Counsel addressed to Judge Jesse M. Furman from Matthew J. Harris dated 07/24/2017. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Notice of Motion to Withdraw as Counsel, #2 Affirmation of Matthew J. Harris in Support of Motion to Withdraw as Counsel)(Harris, Matthew)

July 22, 2017

Filing 322 LETTER MOTION for Leave to File Order from NJ Bankruptcy Court lifting automatic stay in in this case addressed to Judge Jesse M. Furman from Matthew J. Harris dated 07/22/2017. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Order issued by NJ Bankruptcy Court)(Harris, Matthew)

May 15, 2017

Filing 321 ORDER: Upon reflection, in light of the automatic stay by reason of section 362 of the Bankruptcy Code (Docket No. 315), the above entitled action is administratively closed subject to the right of either party to reopen within 21 days of either the conclusion of bankruptcy proceedings or the lifting or modification of the automatic stay as applied to this action. (Signed by Judge Jesse M. Furman on 5/15/2017) (ras)

April 5, 2017

Filing 320 ORDER: granting #314 Letter Motion to Compel. compelling Plaintiffs to pay Dunbar's attorney's fees for the period of January 1, 2017, to February 21, 2017. (Docket No. 314). The Court gave Plaintiffs until April 4, 2017 to oppose Dunba's request. (Docket No. 317). Plaintiffs have not filed any opposition. Upon review of Dunbar's unopposed submission, the Court finds that the number of hours and fees are reasonable. Accordingly, Dunbar's letter motion is granted as unopposed, and Plaintiffs are ORDERED to pay Dunbar $9,021.50 by May 5, 2017. Failure to do so may result in sanctions. Finally, Plaintiffs are encouraged to continue to satisfy their commitments to Dunbar in a timely fashion; further litigation will only add to Plaintiffs' financial obligations. The Clerk of Court is directed to terminate Docket No. 314. (Signed by Judge Jesse M. Furman on 4/5/2017) (ap)

March 29, 2017

Filing 319 ORDER with respect to #318 Gideon Finkelstein's letter of March 29, 2017. It is neither here nor there at this time given that the Court lacks authority to proceed with respect to the property held by Dunbar, but counsel is referred to the letter endorsed and docketed on May 1, 2012, that inventories the property held by Dunbar. (Docket No. #31 ). The Court will refrain from commenting further on the property held by Dunbar until such time that the automatic stay is no longer in effect. (Signed by Judge Jesse M. Furman on 3/29/2017) (Furman, Jesse)

March 29, 2017

Filing 318 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated March 29, 2017 re: Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited v. Deepak Kavadia, Nice Gems Inc.. Document filed by Gideon Finkelstein.(Blum, Benjamin)

March 29, 2017

Filing 317 ORDER with respect to #314 Dunbar Armored, Inc.'s Letter Motion to Compel payment of allowed enforcement costs or, in the alternative, allow the sale of the diamonds; and #316 Gideon Finkelstein's Letter regarding custody of the fourteen diamonds. No later than April 4, 2017, Plaintiff shall file any opposition to Dunbar's application for additional fees. In light of Mr. Kavadia's bankruptcy, and the Court's Order of March 28, 2017 (Docket No. #315 ), Dunbar's application is denied without prejudice to the extent that it seeks, in the alternative, to allow the sale of the diamonds. For similar reasons, Mr. Finkelstein's letter regarding his interest in the property held by Dunbar is premature. In light of the bankruptcy, the Court cannot take any action with respect to that property. (As an aside: Mr. Finkelstein suggests that Dunbar is holding both the fourteen rough diamonds and 1600 carats of other diamonds, but the Court is under the impression that it is only the former.) Additionally, if or when the bankruptcy stay is lifted, the Court will (as it has indicated previously) give all interested parties, including Mr. Finkelstein, an opportunity to be heard before taking any action with respect to the property held by Dunbar. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

March 28, 2017

Filing 316 LETTER addressed to Judge Jesse M. Furman from Stuart Serota, Esq. dated March 28, 2017 re: Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited v. Deepak Kavadia, Nice Gems Inc.. Document filed by Gideon Finkelstein. (Attachments: #1 Exhibit Exhibit A - Matthew Harris Esq. letter with exhibits of 3/25/2017, #2 Exhibit Exhibit B - Restraining Notice to Garnishee Dunbar dated 12-7-2016, #3 Exhibit Exhibit C - UCC-1 Financing Statement filed by Gideon Finkelstein on 11/14/2013, #4 Exhibit Exhibit D - Dunbar's written acknowledge of receipt of 12/7/16 Restraining Notice, #5 Exhibit Exhibit E- NY State Court Judgment entered 12/31/14, #6 Exhibit Exhibit F - Decision and Order in NY State Court Case of 12/23/14, #7 Exhibit Exhibit G - Finkelstein NY State Court Summons and Verified Complaint, #8 Exhibit Exhibit H - Gideon Finkelstein;s Affidavit of Factual Basis sworn to on June 25, 2014, #9 Exhibit Exhibit I - Federal Court Order for Transfer of Diamonds and Appointment of Dunbar As Substitute Custodian, #10 Exhibit Exhibit J - Copies of Bank Wire Transfers totaling $380,000, #11 Exhibit Exhibit K - Plaintiff's Responses to Defendant's Statement of Material Facts)(Blum, Benjamin)

March 28, 2017

Filing 315 ORDER: On March 24, 2017, Defendants Deepak Kavadia and Nice Gems, Inc. filed a Chapter 7 voluntary petition in the United States Bankruptcy Court, District of New Jersey. See Dkt. No. 311. Accordingly, it is ORDERED that this action is hereby stayed consistent with the automatic stay provisions of the United States Bankruptcy Code, 11 U.S.C. 362, unless and until the bankruptcy proceedings are terminated or Plaintiffs obtain relief from the Bankruptcy Court. Case Stayed. (Signed by Judge Jesse M. Furman on 3/27/2017) (kgo) Modified on 3/28/2017 (kgo).

March 28, 2017

Filing 314 LETTER MOTION to Compel payment of allowed enforcement costs or, in the alternative, allow the sale of the diamonds addressed to Judge Jesse M. Furman from Kenneth M. Misken dated March 28, 2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Misken, Kenneth)

March 28, 2017

Terminate Transcript Deadlines (kgo)

March 25, 2017

Filing 313 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 03/25/2017 re: Release of Diamonds from Dunbar to Plaintiff. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 24, 2017

Filing 312 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-24-17 re: Petition in Bankruptcy. Document filed by Deepak Kavadia.(Bluestone, Andrew)

March 24, 2017

Filing 311 SUGGESTION OF BANKRUPTCY upon the record for Deepak Kavadia. Document filed by Deepak Kavadia(Bluestone, Andrew)

March 13, 2017

Filing 310 ORDER: On March 10, 2017, the jury returned a verdict, awarding $380,000 to Plaintiff on his contract claim, awarding $30,000 to Defendant on his contract counterclaim, and finding that Plaintiff did not defame Defendant. (See Court Exhibit 11 (Docket No. 309)). In light of the anticipated post-trial motions from both parties, the Court believes that Dunbar Global Logistics should continue to hold the 14 rough-cut diamonds in accordance with the Court's prior Orders. If any party believes that the Court should take any action regarding the 14 diamonds prior to resolution of the post-trial motions, he or it should file a letter motion to that effect. (Signed by Judge Jesse M. Furman on 3/13/2017) (kgo)

March 13, 2017

Filing 309 ORDER: Attached to this order are the notes sent by the jury to the Court during deliberations (Court Exhibits 5-9), the redacted versions of the transcript provided to the jury (Court Exhibit 10), and the jury's verdict form (Court Exhibit 11). The Court will refrain from entering judgment until it has resolved any post-trial motions (which, as discussed in Court on March 10, 2017, are due by March 31, 2017, with opposition and reply deadlines set pursuant to the Local Rules) and custody of the fourteen rough diamonds. (Signed by Judge Jesse M. Furman on 3/13/2017) (kgo)

March 10, 2017

JURY VERDICT. -- See Doc. #309 . (ab)

March 9, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Jury Trial completed on 3/9/2017. Closings held. Jury instructions given. Marshal sworn. Jury begins their deliberations. -- See transcript. (ab)

March 9, 2017

Filing 308 ORDER: Attached to this order are: Court Exhibit 1, which is the draft jury charge that was considered at the charge conference held on the record on March 8, 2017; Court Exhibit 2, which is the revised draft jury charge that was considered at the charge conference held on the record earlier today; Court Exhibit 3, which is a redline showing what was changed between Court Exhibit 1 and Court Exhibit 2 and was also discussed at the charge conference held earlier today; and Court Exhibit 4, which was the final version of the jury charge that was distributed to the jury and used to instruct the jury earlier today. (Signed by Judge Jesse M. Furman on 3/9/2017) (kgo)

March 9, 2017

Filing 307 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-9-17 re: Jury Charge. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Bluestone, Andrew)

March 8, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Jury Trial held on 3/8/2017. Plaintiffs' case continued. Plaintiffs rest. Defense case held. Defense rests. Jurors let go for the day. Charge conference held. -- See Transcript. Trial continued to 3/9/2017 at 9:00 am. (ab)

March 7, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Jury Trial begun on 3/7/2017. Matthew Harris present for Plaintiffs. Andrew Bluestone present for Defendants. Court reporter present. -- Jury panel sworn. Voir dire held. Jury selected and sworn. Jury instructions issued. Opening statements given. Plaintiffs' first, second, and third witnesses called. -- See Transcript. Trial continued to 3/8/2017 at 9:00 am. (ab)

March 6, 2017

Filing 306 JOINT PRETRIAL STATEMENT: This Court has subject matter jurisdiction over all claims in this action pursuant to 28 U.S.C. section 1322 based upon complete diversity of the parties. Plaintiff, Jose Maria Alves DeCastro, is an individual residing at Rua Direita de Luanda, No. 151-157, Luanda, Angola. Plaintiff, DJJ Mining & Services (Private) Limited, is a company duly formed in accordance with the laws of the Country of Angola, with its principal place of business located at Rua Direita de Luanda, No. 151-157, Luanda, Angola. Defendant, Deepak Kavadia is an individual residing at 18 Reiner Place, Englewood Cliffs, New Jersey 07632. Defendant, Nice Gems, Inc. is a corporation duly organized and existing pursuant to the laws of the State of New York, with its principal place of business located at 55 West 47th Street, New York, NY 10036. The amount in controversy exceeds $75,000.00. See 28 U.S.C. Section 1332(a). This is a jury trial which is matter is expected to last five (5) days. The Parties have not consented to trial of the case by a Magistrate Judge. (Signed by Judge Jesse M. Furman on 3/6/2017) (mro)

March 6, 2017

Filing 305 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-6-17 re: Pre-Trial Order and motions in limine. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

March 4, 2017

Filing 304 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 03/04/2017 re: Proposed Jury Instruction. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 3, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Final Pretrial Conference held on 3/3/2017. Matthew Harris present for Plaintiffs. Andrew Bluestone present for Defendants. Court reporter present. (ab)

March 3, 2017

Filing 303 ORDER for #201 Report and Recommendations. Despite the waiver, the Court has reviewed the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Specifically, the Court finds no clear error in Magistrate Judge Freeman's conclusion that contemporaneous time records are a prerequisite to an award of attorneys' fees. See, e.g., Scott v. City of New York, 626 F.3d 130, 133-34 (2d Cir. 2010). Accordingly, the Report and Recommendation is adopted in its entirety. (Signed by Judge Jesse M. Furman on 3/3/2017) (kgo)

March 3, 2017

Filing 302 Exhibit List Replacement to Def. Exhibit H. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

March 3, 2017

Filing 301 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 3-3-17 re: Electronic Devices. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

March 2, 2017

Filing 300 ORDER granting #299 Letter Motion Seeking To Be Excused from the Final Pretrial Conference. In light of Dunbar's letter, the issue of sanctions is moot (at least for now). Accordingly, counsel for Dunbar need not attend the conference tomorrow. Counsel should confer with one another before making any future applications to the Court with respect to either custodial fees or attorney's fees. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

March 2, 2017

Filing 299 LETTER MOTION for Conference re: 239 Order on Motion to Compel,, addressed to Judge Jesse M. Furman from Kenneth M. Misken dated March 2, 2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

February 28, 2017

NOTICE: Please be advised that the trial scheduled to begin on Tuesday, March 7, 2017, will be held in Courtroom 444 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (ab)

February 27, 2017

Filing 298 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 2-27-17 re: Appellate Division, First Department argument date. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

February 22, 2017

Filing 297 ORDER granting #296 Letter Motion to Adjourn the Final Pretrial Conference. The Final Pretrial Conference is ADJOURNED to March 3, 2017 at 2:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007. The Court will address the issues raised in the parties' letters of February 19 and 21, 2017 (Docket Nos. #294 and #295 ) at the conference; there is no need for further briefing at this time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

February 22, 2017

Filing 296 LETTER MOTION for Conference re: #279 Scheduling Order,,,, Seeking to change time of conference addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 2-22-17. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

February 21, 2017

Filing 295 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 2-21-17 re: Mr. Harris' Letter. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

February 19, 2017

Filing 294 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 02/19/2017 re: Pretrial Conference. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

February 7, 2017

Filing 293 ORDER granting #287 Letter Motion to Compel; and #292 Letter Motion to Continue. In light of Dunbar's letter of earlier today (Docket No. #292 ), the conference scheduled for tomorrow is ADJOURNED sine die. Further, upon review of Dunbar's and Plaintiffs' submissions (Docket Nos. #287 ) and #291 ), Dunbar's application for attorney's fees is GRANTED, and Plaintiffs are ordered to pay Dunbar $32,531.00 in fees for the period January 15, 2015, through December 31, 2016. Plaintiffs' conclusory assertion that the fee, "both in the rates per hour and the number of hours billed, is excessive" is meritless. (Docket No. #291 ). The rates per hour are consistent with rates that have been approved in this District for similar work. See, e.g., New Earthshell Corp. v. Jobookit Holdings Ltd., No. 14 Civ. 3602 (JMF), 2015 WL 2152681, at *1 (S.D.N.Y. May 7, 2015) (collecting cases), vacated and remanded on other grounds, 634 F. App'x 44 (2d Cir. 2015); Rubenstein v. Advanced Equities, Inc., No. 13 Civ. 1502 (PGG), 2015 WL 585561, at *6 (S.D.N.Y. Feb. 10, 2015). And to the extent that the number of hours billed is high, Plaintiffs have no one to blame but themselves, as they have dragged these collateral proceedings out by failing to satisfy their payment obligations in a timely fashion. Accordingly, Plaintiffs are ORDERED to pay Dunbar $32,531.00 by March 1, 2017, the day before the final pretrial conference. Additionally, by that same date, Plaintiffs shall provide sufficient funds to Dunbar to pay the custodian fees through June 2017. Failure to do either of the foregoing may result in sanctions, up to and including dismissal of some or all of Plaintiffs' claims. The parties should be prepared to address at the final pretrial conference (1) the appropriate sanction in the event Plaintiffs fail to comply with this Order and (2) whether Dunbar is entitled to additional attorney's fees for the period since December 31, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

February 7, 2017

Filing 292 LETTER MOTION to Continue addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 02/07/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

February 3, 2017

Filing 291 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 02/03/2017 re: Opposition to Defendants' bill for attorneys' fees' Request for Discovery Conference. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

January 25, 2017

Filing 290 ORDER granting #289 Letter Motion seeking leave to participate by telephone. For now, defense counsel is granted leave to participate by telephone - not to be absent altogether. Upon application from any party closer to the conference date, the Court will reassess if appropriate. Among other things, because some potential sanctions - including, for example, sale of the diamonds to satisfy the debt to Dunbar - could affect Defendants' interests, it may be preferable to reschedule for a date when counsel can attend in person. In any event, the Court can reassess that closer to the conference date. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

January 25, 2017

Filing 289 LETTER MOTION for Conference re: 288 Order on Motion to Compel,, addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 1/25/17. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

January 24, 2017

Filing 288 ORDER with respect to #287 Letter Motion to Compel. Per the Court's prior Order (Docket No. #286 ), Plaintiffs have until February 3, 2017, to respond to Dunbar's request for attorney's fees. Assuming the $15,000 has still not been paid, the parties shall then appear for a conference on February 8, 2017, at 2:30 p.m. At that time, Plaintiffs should be prepared to address why sanctions should not be imposed for the failure to pay Dunbar as required. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

January 23, 2017

Filing 287 LETTER MOTION to Compel Jose Maria Alves Decastro; DJJ Mining & Services (Private) Limited to Payment of rental and attorneys' fees addressed to Judge Jesse M. Furman from Kenneth M. Misken, Atty. for Dunbar Armored, Inc. dated 01/23/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Misken, Kenneth)

January 11, 2017

Filing 286 ORDER: As discussed on the record at yesterday's conference, Plaintiffs shall complete the payment of $15,000 to Dunbar to settle outstanding debts and pre-pay six months of rental fees by January 13, 2017. Plaintiffs and Dunbar shall also confer and discuss the issue of attorneys' fees owed. By January 23, 2017, Dunbar shall apprise the Court of the result of these discussions or, if necessary, file an application to fix the amount of fees owed. Plaintiffs' response, if any, must be filed by February 3, 2017. ( Motions due by 1/23/2017., Responses due by 2/3/2017) (Signed by Judge Jesse M. Furman on 1/11/2017) (mro) Modified on 1/11/2017 (mro).

January 10, 2017

Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 1/10/2017. Matthew Harris present for Plaintiffs. Andrew Bluestone present for Defendants. Kenneth Misken present (via telephone) for Dunbar. Court reporter present. (ab)

January 9, 2017

Filing 285 MEMO ENDORSEMENT on re: #284 Letter filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 1/9/2017) (mro)

January 6, 2017

Filing 284 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 1/6/2017 re: Witness. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

January 5, 2017

Filing 283 ORDER granting #282 Letter Motion Seeking Leave to Appear by Telephone at the Conference. Counsel shall make arrangements with Chambers to participate by telephone in the conference. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

January 5, 2017

Filing 282 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference re: #281 Memo Endorsement, Set Hearings to allow appearance by telephone addressed to Judge Jesse M. Furman from Kenneth M. Misken dated 1/5/2017. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth) Modified on 1/9/2017 (db).

January 5, 2017

Filing 281 MEMO ENDORSEMENT on re: #280 Letter re: REPORT ON PLAINTIFFS' SETTLEMENT WITH DUNBAR, filed by Jose Maria Alves Decastro. ENDORSEMENT: Counsel, including counsel for Dunbar, shall appear for a conference with the Court to address this matter on January 10, 2017, at 4:15 p.m. (Status Conference set for 1/10/2017 at 04:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/5/2017) (cla)

January 4, 2017

Filing 280 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 01/04/2017 re: REPORT ON PLAINTIFFS' SETTLEMENT WITH DUNBAR. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 19, 2016

Filing 279 SCHEDULING ORDER: As discussed during today's telephone conference, counsel shall (notwithstanding the arbitration in which defense counsel is scheduled to participate) appear for a final pretrial conference on March 2, 2017 at 3:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The final pretrial conference must be attended by the attorney who will serve as principal trial counsel. It is FURTHER ORDERED that the trial will begin on March 7, 2017, at 9:00 a.m. Counsel should familiarize themselves with the Courts Individual Rules and Practices for Trials, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=1046. Finally, Defendants are directed to file a more detailed proffer of the testimony to be given by a representative of the Diamond Industry Association no later than January 6, 2017. Plaintiffs' response, if any, must be filed by January 13, 2017. Final Pretrial Conference set for 3/2/2017 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Jury Trial set for 3/7/2017 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/19/2016) (mro)

December 16, 2016

Filing 278 MEMO ENDORSEMENT on re: #276 Letter re: Scheduling of Trial, filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: The Court will hold a telephone conference to discuss the scheduling of trial on December 19, 2016, at 11 a.m. At that time, Plaintiffs' counsel shall call the Court, with all counsel on the line, at (212) 805-0282. SO ORDERED. (Telephone Conference set for 12/19/2016 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/16/2016) (cla)

December 16, 2016

Filing 277 MEMO ENDORSEMENT on re: #271 Letter re: Permission to Move to Withdraw, filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: The motion to withdraw is GRANTED as unopposed. (See Docket Nos. 274-275). The Clerk of Court is directed to terminate Mr. Fraade as counsel. (Attorney Alan Peter Fraade terminated.) (Signed by Judge Jesse M. Furman on 12/16/2016) (cla)

December 15, 2016

Filing 276 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/15/16 re: Scheduling of Trial. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 15, 2016

Filing 275 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/15/16 re: Withdrawal of Attorney. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 15, 2016

Filing 274 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 12/15/2016 re: Withdrawal of Alan Fraade from representation of Defendants. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 15, 2016

Filing 273 MEMO ENDORSEMENT on re: #271 Letter re: Permission to Move to Withdraw, filed by Deepak Kavadia, Nice Gems, Inc. ENDORSEMENT: No later than December 19, 2016, Mr. Bluestone shall file a letter indicating whether he and his clients (with whom he shall confer) consent to this request for withdrawal. If Plaintiffs object to withdrawal, they shall advise the Court by that same date. If the Plaintiffs do not file any objection and Mr. Bluestone indicates that he and his clients consent, the Court will grant the request to withdraw without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2016) (cla)

December 15, 2016

Filing 272 MEMO ENDORSEMENT on re: #270 Letter re: Dunbar Progress Report, filed by Jose Maria Alves Decastro. ENDORSEMENT: Application GRANTED. Plaintiffs shall provide an update no later than January 4, 2017. The Court encourages counsel to try in good faith to resolve any remaining issues and disagreements. (Signed by Judge Jesse M. Furman on 12/14/2016) (cla)

December 15, 2016

Filing 271 FIRST LETTER addressed to Judge Jesse M. Furman from Alan P. Fraade dated December 15, 2016 re: Permission to Move to Withdraw. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

December 14, 2016

Filing 270 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 14, 2016 re: Dunbar Progress Report. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 14, 2016

Filing 269 LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/14/2016 re: Plaintiffs Letter Dated 12/14/2016. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 14, 2016

Filing 268 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 14, 2016 re: Addendum to Plaintiffs' Pretrial Statement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 14, 2016

Filing 267 MEMO ENDORSEMENT on #265 Letter re: Addendum to Pretrial Statement filed by Jose Maria Alves Decastro: Per the Court's endorsement entered November 10, 2016, today is the deadline for the parties to report on the status of the Dunbar situation. This letter does not satisfy that requirement as it is (inexplicably) an exact duplicate of the letter endorsed by the Court and entered on November 10th. (Docket No. 244). SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/2016) (ab)

December 13, 2016

Filing 266 ORDER granting #264 Letter Motion for Leave to File Document. Counsel should contact the ECF Help Desk in the event he has similar problems filing materials in the future. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

December 13, 2016

Filing 265 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 12/13/2016 re: Addendum to Pretrial Statement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 13, 2016

Filing 264 LETTER MOTION for Leave to File Memorandum in Opposition addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/13/2016. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Supplement)(Bluestone, Andrew)

December 9, 2016

Filing 263 ORDER granting #262 Letter Motion for Leave to File Document. Defendants' motion in limine is deemed amended by counsel's letter. The Court sees no need for a supplemental filing beyond the letter, let alone new motion papers. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

December 9, 2016

Filing 262 LETTER MOTION for Leave to File Supplemental Motion in Limine addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated December 9, 2016. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 7, 2016

Filing 261 COUNTER LETTER addressed to Judge Jesse M. Furman from Andrew Lavoott Bluestone dated 12/5/2016 re: Letter by Mr. Harris. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 6, 2016

Filing 260 PROPOSED JURY INSTRUCTIONS. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 6, 2016

Filing 259 JOINT PRELIMINARY TRIAL REPORT. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 6, 2016

Filing 258 REQUEST TO CHARGE. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 6, 2016

Filing 257 PROPOSED JURY INSTRUCTIONS. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 6, 2016

Filing 256 PRETRIAL MEMORANDUM. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 6, 2016

Filing 255 Exhibit List . Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 5, 2016

Filing 254 PROPOSED JURY INSTRUCTIONS. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 5, 2016

Filing 253 PROPOSED JURY INSTRUCTIONS. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 5, 2016

Filing 252 PRETRIAL MEMORANDUM. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Supplement Motion in Limine Memo)(Bluestone, Andrew)

December 5, 2016

Filing 251 JOINT PRELIMINARY TRIAL REPORT. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 5, 2016

Filing 250 MEMO ENDORSEMENT on re: #248 Letter filed by Jose Maria Alves Decastro, #247 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: The parties are granted leave to file separate proposed pretrial orders and related materials on their own behalf - i.e., not jointly - and are granted an extension until tomorrow, December 6, 2016, to do so. The Court will address the issues of waiver and sanctions, if appropriate, after the parties have filed their pretrial materials. (Proposed Pretrial Order due by 12/6/2016.) (Signed by Judge Jesse M. Furman on 12/5/2016) (tn)

December 5, 2016

Filing 249 Exhibit List . Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 5, 2016

Filing 248 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 5, 2016 re: Filing of Pretrial Statement- with attachments. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 5, 2016

Filing 247 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated December 5, 2016 re: Filing of Pretrial Statement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

November 30, 2016

Filing 246 MEMO ENDORSEMENT on re: #245 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: Application GRANTED. (Signed by Judge Jesse M. Furman on 11/30/2016) (mro)

November 29, 2016

Filing 245 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 11/29/2016 re: Dunbar Global Logistics. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

November 10, 2016

Filing 244 MEMO ENDORSEMENT on re: #243 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 11/9/2016) (cf)

November 9, 2016

Filing 243 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 11/09/2016 re: Dunbar Global Logistics as Substitute Custodian. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

October 27, 2016

Filing 242 MEMO ENDORSEMENT on re: #241 Letter filed by Jose Maria Alves Decastro. ENDORSEMENT: The Court will defer any decision on an alternative custodian until after the November 2, 2016 payment deadline. Counsel should promptly (but, in no event, later than November 9, 2016) update the Court about Dunbar's willingness (or lack thereof) to continue acting as the custodian. (Signed by Judge Jesse M. Furman on 10/27/2016) (kgo)

October 26, 2016

Filing 241 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated 10/26/2016 re: Substitute custodian. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

October 19, 2016

Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 10/19/2016. Matthew Harris present for Plaintiff. Andrew Blustone and Alan Fraade present for Defendants. Kenneth Misken present for Dunbar Armored, Inc. Court reporter present. (ab)

October 19, 2016

Filing 240 ORDER granting in part #220 Letter Motion to Compel Payment of Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. As discussed on the record earlier today, Dunbar's motion is granted to the extent it seeks an order compelling payment of amounts due from Plaintiff; Plaintiff is ordered to pay any and all amounts due no later than November 2, 2016. If, as of that date, there is any dispute with respect to whether Plaintiff owes additional moneys, Plaintiff and counsel for Dunbar shall confer and, within one week, shall propose a process to the Court to adjudicate any such dispute. Dunbar's motion is also granted to the extent it seeks appointment of a substitute custodian. Counsel, including counsel for Dunbar, shall confer and, no later than October 26, 2016, propose an appropriate alternative custodian (and submit a proposed order to effectuate the substitution); if the parties cannot agree on an appropriate substitute, they shall, by the same date, submit letter briefs addressing the issue not to exceed three pages. The proposed order effectuating the substitution shall make clear that the substitution has no effect on any rights Dunbar may have in the property in the event that Plaintiff does not cure the default by the deadline set above; the Court reserves judgment on the motion to the extent it addresses what rights, if any, Dunbar would have to sell the property at issue to satisfy any default. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

October 19, 2016

Filing 239 ORDER granting #238 Letter seeking extension of the joint pretrial order deadline. As discussed on the record earlier today, the deadline for the filing of the joint pretrial order and related materials is extended to December 5, 2016. No further extensions are likely to be granted absent extraordinary circumstances. Counsel is reminded that, consistent with the Court's Individual Rules and Practices and the SDNY ECF Rules and Instructions, requests for extensions and like must be filed as letter motions on ECF, not as ordinary letters. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

October 19, 2016

Filing 238 LETTER addressed to Judge Jesse M. Furman from Alan P. Fraade dated October 19, 2016 re: Joint Pretrial Order. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

October 13, 2016

Filing 237 LETTER addressed to Judge Jesse M. Furman from Alan P. Fraade dated October 13, 2016 re: Status Report. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

October 13, 2016

Filing 236 ORDER granting #234 Letter Motion to Participate By Telephone. Counsel for Dunbar is granted leave to participate by telephone. Counsel shall contact Chambers at (212) 805-0282 to make the necessary arrangements. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)

October 13, 2016

Filing 235 LETTER addressed to Judge Jesse M. Furman from Matthew J. Harris dated October 13, 2016 re: Status Report. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Tores DEC SJM)(Harris, Matthew)

October 13, 2016

Filing 234 LETTER MOTION for Conference re: #232 Scheduling Order,, to allow appearance by telephone addressed to Judge Jesse M. Furman from Kenneth M. Misken dated October 13, 2016. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

October 12, 2016

Filing 233 LETTER addressed to Judge Jesse M. Furman from Kenneth M. Misken dated October 13, 2016 re: Status Update. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A)(Misken, Kenneth)

October 7, 2016

Filing 232 NOTICE OF CONFERENCE: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that counsel for all parties appear for a conference with the Court on October 19, 2016, at 4:15 p.m. Unless notified by the Court, any Scheduling Order or Case Management Plan remains otherwise in effect notwithstanding the case's transfer. IT IS FURTHER ORDERED that each party must submit a letter to the Court, not to exceed five pages, updating the Court on the status of the case no later than October 13, 2016. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 10/7/2016) (ab)

October 7, 2016

NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Analisa Torres is no longer assigned to the case. (wb)

September 30, 2016

Filing 231 ORDER granting in part and denying in part #205 Motion for Partial Summary Judgment; granting in part and denying in part #229 Motion for Partial Summary Judgment. For the reasons stated above, it is ORDERED that Plaintiffs' motion for summary judgment is GRANTED as to Defendants' first, third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh, twelfth, and thirteenth counterclaims and DENIED as to Plaintiffs' ninth cause of action and Defendants' second and seventh counterclaims. Defendants' motion for summary judgment is GRANTED as to Plaintiffs' fifth, sixth, seventh, and eighth causes of action and DENIED as Plaintiffs' first, second, third, fourth, ninth, and tenth causes of action and Defendants' seventh, eighth, ninth, tenth, eleventh, twelfth, and thirteenth counterclaims. The Clerk of Court is directed to terminate the motions at ECF Nos. 205 and 229. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/30/2016) (kko)

September 22, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #228 Memorandum of Law in Support of Motion. ERROR(S): (1) No signature or s/. (2) Rule 56.1 Statement is filed separately, receiving its own document #. (db)

September 22, 2016

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #230 Memorandum of Law in Support of Motion. ERROR(S): Incomplete Document (i.e., No Court Type, No Parties, No Document Type). This is a Rule 56.1 Statement, the Event Type is found under - Other Answers. (db)

September 21, 2016

Filing 230 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . CORRECTED EXHIBIT 2, DEFENDANTS' STATEMENT OF FACTS AND PLAINTIFFS' RESPONSES. Document filed by Jose Maria Alves Decastro. (Harris, Matthew) Modified on 9/22/2016 (db).

September 21, 2016

Filing 229 FIRST MOTION for Partial Summary Judgment . Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

September 21, 2016

Filing 228 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . corrected exhibits. Document filed by Jose Maria Alves Decastro. (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)(Harris, Matthew) Modified on 9/22/2016 (db).

September 20, 2016

Filing 227 ORDER: The parties' submissions are deficient. First, Defendants failed to file their motion for summary judgment, and filed only a supporting memorandum of law. ECF No. 204. Despite notices on ECF to first file a motion for summary judgment and then link any supporting documents, Defendants did not comply. Second, multiple exhibits in support of Plaintiffs' memorandum of law appear to be filed as blank pages. ECF Nos. 208-2, 208-4. Accordingly, it is ORDERED that by September 21, 2016: 1. Defendants shall file a motion for summary judgment, indicating that the motion links back to ECF No. 204; and 2. Plaintiffs shall re-file correct copies of its supporting exhibits. Parties are warned that their failure to comply with this order, and all applicable rules, may result in sanctions, including striking the deficient submissions. (Motions due by 9/21/2016.) (Signed by Judge Analisa Torres on 9/20/2016) (kko) Modified on 9/21/2016 (kko).

September 2, 2016

Filing 226 REPLY MEMORANDUM OF LAW in Support re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. . Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A)(Misken, Kenneth)

August 26, 2016

Filing 225 ORDER re: #224 Letter, filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. Having reviewed Dunbar Armored, Inc.' s letter dated August 26, 2016, it is ordered that: 1. The request for a pre-motion conference is DENIED; and 2. By September 2, 2016, Dunbar Armored, Inc. shall file its reply. SO ORDERED. (Replies due by 9/2/2016.) (Signed by Judge Analisa Torres on 8/26/2016) (kko)

August 26, 2016

Filing 224 LETTER addressed to Judge Analisa Torres from KENNETH M. MISKEN dated AUGUST 26, 2016 re: Jose Marie Alves DeCastro; DJJ-Mining & Services (Private) Limited v. Deepak Kavadia; Nice Gems, Inc.; Case No.: 1:12-cv-01386-AT. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics.(Misken, Kenneth)

July 28, 2016

Filing 223 RESPONSE to Motion re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. Response by State Court Judgment Creditor. Document filed by Gideon Finkelstein. (Blum, Benjamin)

July 25, 2016

Filing 222 DECLARATION of Jose DeCastro in Opposition re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian.. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

July 15, 2016

Filing 221 DECLARATION of DEEPAK KAVADIA in Opposition re: #220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)

July 1, 2016

Filing 220 MOTION to Compel Jose Maria Alves Decastro and DJJ-Mining & Services (Private) Limited to Pay Custodian Fees, or in the Alternative, Allowing the Sale of Property to Pay Custodian Fees; and Appoint Substitute Custodian. Document filed by Dunbar Armored, Inc. d/b/a Dunbar Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Misken, Kenneth)

December 16, 2015

Filing 219 AFFIRMATION of Matthew J. Harris in Support re: #205 MOTION for Partial Summary Judgment .. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

December 16, 2015

Filing 218 REPLY AFFIRMATION of Alan P. Fraade in Support re: #207 FIRST MOTION for Summary Judgment Rule 56.1 Statement.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)

December 2, 2015

Filing 216 FIRST MEMORANDUM OF LAW in Opposition re: #205 MOTION for Partial Summary Judgment . . Document filed by Deepak Kavadia. (Fraade, Alan)

December 1, 2015

Filing 215 DECLARATION of Matthew J. Harris in Opposition re: #204 MOTION for Summary Judgment .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harris, Matthew)

November 23, 2015

Filing 214 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DJJ-Mining & Services (Private) Limited.(Harris, Matthew)

November 23, 2015

Filing 213 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nice Gems, Inc..(Fraade, Alan)

November 23, 2015

Filing 212 RULE 56.1 STATEMENT. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

November 23, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #209 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Wrong Filer Selected. (lb)

November 23, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #211 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Wrong Filer Selected. (lb)

November 20, 2015

Filing 211 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jose Maria Alves Decastro.(Harris, Matthew) Modified on 11/23/2015 (lb).

November 20, 2015

Filing 210 RULE 56.1 STATEMENT. Document filed by Deepak Kavadia. (Fraade, Alan)

November 20, 2015

Filing 209 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deepak Kavadia.(Fraade, Alan) Modified on 11/23/2015 (lb).

November 20, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #204 MOTION for Summary Judgment . Use the event type Memorandum in Support of Motion and Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion WAS NOT FILED. First file Motion for Summary Judgment, then file and link any supporting documents. (db)

November 20, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #207 FIRST MOTION for Summary Judgment Rule 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)

November 19, 2015

Filing 208 MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . . Document filed by Jose Maria Alves Decastro. (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 Errata 9, #10 Exhibit 10, #11 Exhibit 11)(Harris, Matthew)

November 19, 2015

Filing 207 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment Rule 56.1 Statement. Document filed by Deepak Kavadia.(Fraade, Alan) Modified on 11/20/2015 (db).

November 19, 2015

Filing 206 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #205 MOTION for Partial Summary Judgment . . Document filed by Jose Maria Alves Decastro. (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)(Harris, Matthew) Modified on 11/19/2015 (db).

November 19, 2015

Filing 205 MOTION for Partial Summary Judgment . Document filed by Jose Maria Alves Decastro. Responses due by 12/2/2015(Harris, Matthew)

November 19, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #206 Memorandum of Law in Support of Motion. ERROR(S): No signature or s/. (db)

November 18, 2015

Filing 204 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit A of MOL - letter from Harris, #2 Affidavit of Deepak Kavadia, #3 Exhibit A of Affidavit of Deepak Kavadia, #4 Exhibit B of Affidavit of Deepak Kavadia)(Fraade, Alan) Modified on 11/20/2015 (db).

November 10, 2015

Filing 203 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated November 10, 2015 re: Report and Recommendation dated October 29, 2015. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

November 4, 2015

Filing 202 NOTICE OF CHANGE OF ADDRESS by Alan Peter Fraade on behalf of Deepak Kavadia, Nice Gems, Inc.. New Address: Mintz & Fraade, P.C., 271 Madison Avenue, 12th Floor, New York, New York, 10016, (212) 486-2500. (Fraade, Alan)

October 29, 2015

Filing 201 REPORT AND RECOMMENDATION: For the foregoing reasons, I recommend that Plaintiffs' application for an award of attorney's fees in the amount of $7,812.00 be DENIED. (As further set forth in this Report and Recommendation.) Objections to R&R due by 11/16/2015 (Signed by Magistrate Judge Debra C. Freeman on 10/29/2015) (mro)

October 27, 2015

Filing 200 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Hrarris dated 10/27/2015 re: Fee Application. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

October 23, 2015

Filing 199 ORDER: For all of the foregoing reasons, Plaintiffs are directed to supplement their fee application no later than October 30, 2015, by filing a sworn affidavit or declaration under penalty of perjury from Harris, detailing the process by which the time records underlying Plaintiffs' fee application were maintained. Plaintiffs are cautioned that a failure to demonstrate that counsel's fee records were maintained contemporaneously may result in this Court's recommending that no fees be awarded, despite the Court's sanctions ruling. If Defendants wish to respond to this supplemental submission, or to any other aspect of Plaintiffs' fee application, they are directed to do so no later than November 13, 2015. (Signed by Magistrate Judge Debra C. Freeman on 10/23/2015) (tn)

October 23, 2015

Set/Reset Deadlines: Responses due by 11/13/2015 (tn)

October 13, 2015

Filing 198 ORDER granting #197 LETTER MOTION for Extension of Time Response to Statement of Facts, 10,21/15; SJM, 11/18/15; Oppositions to SJM, 12, 02, 15; Replies, 12/16/15. addressed to Judge Analisa Torres from Matthew J. Harris dated October 12, 2015. Document filed by Jose Maria Alves Decastro. GRANTED. 1. By October 21, 2015, the parties shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1. By November 4, 2015, opposing parties shall reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it. 2. The parties shall file their respective summary judgment motions, along with their Rule 56.1 statements and the opposing party's responses, by November 18, 2015. 3. The parties shall file their respective opposition papers by December 2, 2015. 4. The parties shall file their respective replies by December 16, 2015. SO ORDERED. (Motions due by 11/18/2015). (Signed by Judge Analisa Torres on 10/13/2015) (rjm)

October 13, 2015

Set/Reset Deadlines: Responses due by 12/2/2015. Replies due by 12/16/2015. (rjm)

October 13, 2015

Filing 197 LETTER MOTION for Extension of Time Response to Statement of Facts, 10,21/15; SJM, 11/18/15; Oppositions to SJM, 12, 02, 15; Replies, 12/16/15. addressed to Judge Analisa Torres from Matthew J. Harris dated October 12, 2015. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

August 31, 2015

Filing 196 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated August 30, 2015 re: Accounting for attorney fees to make motion for sanctions ns. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

August 19, 2015

Filing 195 ORDER: It is ORDERED that: 1. By September 2, 2015, the parties shall provide all other parties with an electronic copy, in Microsoft Word format, of the moving party's Statement of Material Facts pursuant to Local Civil Rule 56.1. By September 16, 2015, opposing parties shall reproduce each entry in the moving party's Rule 56.1 Statement and set out the opposing party's response directly beneath it. 2. The parties shall file their respective summary judgment motions, along with their Rule 56.1 statements and the opposing party's responses, by October 14, 2015. 3. The parties shall file their respective opposition papers by October 28, 2015. 4. The parties shall file their respective replies by November 11, 2015. SO ORDERED. Motions due by 10/14/2015. Responses due by 10/28/2015 Replies due by 11/11/2015. (Signed by Judge Analisa Torres on 8/19/2015) (ajs)

August 13, 2015

Filing 194 ORDER denying #189 Motion to Compel for reasons stated on the record during a 8/13/15 conference call with counsel. All discovery in this action is closed. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

August 4, 2015

Filing 193 REPLY AFFIRMATION of Alan P. Fraade in Support re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)

August 3, 2015

Filing 192 AFFIRMATION of Matthew J. Harris in Opposition re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew)

August 3, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew J. Harris to RE-FILE Document #191 Affirmation in Opposition to Motion. ERROR(S): No signature or s/. (db)

August 2, 2015

Filing 191 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Matthew J. Harris in Opposition re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew) Modified on 8/3/2015 (db).

July 21, 2015

Filing 190 AFFIRMATION of Alan P. Fraade in Support re: #189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Notice of Discovery, #2 Exhibit Letter, #3 Exhibit Letter, #4 Exhibit Letter, #5 Exhibit Letter, #6 Exhibit Letter)(Fraade, Alan)

July 21, 2015

Filing 189 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Discovery . Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

July 21, 2015

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alan Peter Fraade to RE-FILE Document #188 MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Documents. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

July 17, 2015

Filing 188 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Jose Maria Alves DeCastro & DJJ Mining & Services (Private) Limited to Produce Documents. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affirmation in Support, #2 Exhibit Further Notice of Discovery, #3 Exhibit Letter, #4 Exhibit Letter, #5 Exhibit Letter, #6 Exhibit Letter, #7 Exhibit Letter)(Fraade, Alan) Modified on 7/21/2015 (db).

July 9, 2015

Filing 187 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated 7/9/15 re: Motion to Compel. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

July 6, 2015

Filing 217 INTERNET CITATION NOTE: Material from decision with Internet citation re: #186 Order Adopting Report and Recommendations. (vf)

July 6, 2015

Filing 186 ORDER ADOPTING REPORT AND RECOMMENDATION for #150 Motion for Sanctions filed by Jose Maria Alves Decastro, #184 Report and Recommendations. For these reasons, the Court ADOPTS the R & R in its entirety. In accordance with the R & R, the jury shall be given an adverse inference instruction. Plaintiffs shall be awarded reasonable attorney's fees and costs in an amount to be determined by Judge Freeman. The Clerk of Court is directed to terminate the motion at ECF No. 150. SO ORDERED. (Signed by Judge Analisa Torres on 7/6/2015) (ajs)

May 27, 2015

Filing 185 OBJECTION to #184 Report and Recommendations Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)

May 13, 2015

Filing 184 REPORT AND RECOMMENDATION. For all of the reasons in this Report and Recommendation, I respectfully recommend that Plaintiffs' motion for sanctions (Dkt. 150) be resolved as follows: (1) The jury should be instructed that: (a) while under an obligation to produce documents relevant to this action, (i) Kavadia destroyed email communications by deleting them from his email accounts and by installing and executing a document deletion program on his laptop computer, and (ii) Kavadia willfully withheld Pratik Diamonds communications and July 2011 bank statement, when those documents were within his control; and (b) on this basis, the jury may, but need not, infer that the destroyed and withheld documents would have been material in deciding the facts in dispute in the action, and would have been unfavorable to Defendants. (2) Defendants and Bluestone should be directed to reimburse Plaintiffs for the reasonable expenses, including attorney's fees, that they incurred in preparing their motion for sanctions, supporting submissions, reply affirmations, and supplemental submission (Dkts. 150, 152, 157, 159, 162), and in preparing for and attending the evidentiary hearing conducted on March 9, 2015. (3) Defendants, jointly and severally, should bear 75 percent of the attorney's fees and costs specified above, and Bluestone should bear the remaining 25 percent. re: #150 MOTION for Sanctions filed by Jose Maria Alves Decastro. Objections to R&R due by 6/1/2015. (Signed by Magistrate Judge Debra C. Freeman on 5/13/2015) Copies Sent By Chambers. (rjm)

May 13, 2015

Filing 183 MEMORANDUM AND ORDER: For all of the foregoing reasons, it is hereby ORDERED that Plaintiffs are awarded the sum of $11,210.00 in attorney's fees and costs, pursuant to Rule 37 of the Federal Rules of Civil Procedure and this Court's Order of December 2, 2014. Kavadia and Bluestone are directed to pay that amount, in equal shares, to Plaintiffs, within two weeks of the date of this Order. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 5/13/2015) (kl)

May 12, 2015

Filing 182 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated May 12. 2015 re: Harris Letter Docket 180. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

May 10, 2015

Filing 181 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 05/10/2015 re: Opposition to Defendants' Request for Discovery Conference. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1., #2 Exhibit A.., #3 Exhibit B., #4 Exhibit C., #5 Exhibit D., #6 Exhibit E.)(Harris, Matthew)

May 9, 2015

Filing 180 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 05/08/2015 re: Legal experience and rates. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

April 29, 2015

Filing 179 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated April 29,2015 re: Order #178 terminating Letter Motion #177 . Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

April 23, 2015

Filing 178 ORDER terminating #177 Letter Motion for Local Rule 37.2 Conference. Given that the discovery period has long been closed, counsel is directed to supplement this submission with an explanation of what discovery is at issue and why the matter has not been raised sooner. Any such supplemental submission shall be filed no later than April 29, 2015. (Signed by Magistrate Judge Debra C. Freeman on 4/23/2015) (mro)

April 15, 2015

Filing 177 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated April 15, 2015. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

April 6, 2015

Filing 176 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/15 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...(McGuirk, Kelly)

April 6, 2015

Filing 175 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2015. Redacted Transcript Deadline set for 5/11/2015. Release of Transcript Restriction set for 7/9/2015.(McGuirk, Kelly)

March 26, 2015

Filing 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/2015 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...(McGuirk, Kelly)

March 26, 2015

Filing 173 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2015. Redacted Transcript Deadline set for 4/30/2015. Release of Transcript Restriction set for 6/29/2015.(McGuirk, Kelly)

March 20, 2015

Filing 172 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated March 20, 2015 re: Additional Supplemental Filing Following Hearing. Document filed by Deepak Kavadia, Nice Gems, Inc..(Fraade, Alan)

March 20, 2015

Filing 171 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 03/20/2015 re: deficient filing of 168 & 169. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 20, 2015

Filing 170 DECLARATION of Matthew J. Harris in Support re: #150 MOTION for Sanctions .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew)

March 19, 2015

Filing 169 FILING ERROR - DEFICIENT DOCKET ENTRY - ( LINKED TO WRONG MOTION) - DECLARATION of Mattjhew J. Harris in Support re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew) Modified on 3/24/2015 (lb).

March 19, 2015

Filing 168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions imposed on Defendants. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew) Modified on 3/20/2015 (db).

March 19, 2015

Filing 167 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated March 19, 2015 re: Supplemental Filing Following Hearing. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Kavadia Passport)(Fraade, Alan)

March 18, 2015

Filing 166 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated March 18, 2015 re: Order of Judge Freeman. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Google and Yahoo letters)(Bluestone, Andrew)

March 10, 2015

Filing 165 ORDER granting #164 Letter Motion for Extension of Time to File supplemental submission. SO ORDERED. (This resolves Dkt. #164 ) (Signed by Magistrate Judge Debra C. Freeman on 3/10/2015) (spo)

March 9, 2015

Filing 164 LETTER MOTION for Extension of Time to File suplementary submission addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 03/09/2015. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 6, 2015

Filing 163 DECLARATION of Alan P. Fraade in Opposition re: #150 MOTION for Sanctions .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)

March 4, 2015

Filing 162 DECLARATION of Matthew J. Harris in Support re: #150 MOTION for Sanctions .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Harris, Matthew)

February 25, 2015

Filing 161 SCHEDULING ORDER: Accordingly, it is hereby ORDERED as follows: 1. The Court will conduct an evidentiary hearing on March 9, 2015, at 10:00 a.m., in Courtroom 17A, at the United States Courthouse, 500 Pearl Street, New York, NY 10007. The purpose of the hearing will be for this Court to evaluate the reasons for Kavadia's noncompliance with his discovery obligations and with this Court's December 2, 2014 Order, including the extent to which his non-compliance was willful. Kavadia is directed to attend this hearing, as, at a minimum, the Court expects to hear testimony from him. 2. Plaintiffs are directed to provide a supplemental written submission to this Court, no later March 4, 2015, as to why sanctions are warranted against defendant Nice Gems, Inc. as a result of Kavadia's non-compliance with a discovery order. Defendants may file a written response to this further submission no later than March 6, 2015. To the extent that these submissions raise any additional factual issues, they may be addressed by the parties at the March 9, 2015 evidentiary hearing. Evidentiary Hearing set for 3/9/2015 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 2/25/2015) (mro)

February 23, 2015

Filing 160 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 02/23/2015 re: copies of Kavadia emails. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)

February 16, 2015

Filing 159 REPLY to Response to Motion re: #150 MOTION for Sanctions . . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)

February 13, 2015

Filing 158 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan P. Fraade dated February 13, 2015 re: Opposition to Motion for Sanctions. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Forensic Examiner Report, #2 Forensic Examiner Letter)(Fraade, Alan)

February 9, 2015

Filing 157 REPLY to Response to Motion re: #150 MOTION for Sanctions . . Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

February 5, 2015

Filing 156 AFFIRMATION of Alan P. Fraade in Opposition re: #150 MOTION for Sanctions .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Supplement Bluestone Affirmation in Support, #2 Exhibit 2nd Letter from Faria to Kavadia, #3 Exhibit Letter from Union Bank to Pratik)(Fraade, Alan)

February 2, 2015

Filing 155 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated January 30, 2015 re: Attorney Fee Application. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

February 2, 2015

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #154 Response in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (db)

January 30, 2015

Filing 154 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-30-15 re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery . . Document filed by Deepak Kavadia, Nice Gems, Inc.. (Bluestone, Andrew) Modified on 2/2/2015 (db).

January 30, 2015

Filing 153 LETTER addressed to Magistrate Judge Debra C. Freeman from Mattjew J. Harris dated 01/30/2015 re: Corrected copy of Plaintiff's Motion to Impose Sanctions. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

January 30, 2015

Filing 152 DECLARATION of Matthew J. Harris in Support re: #151 MOTION for Sanctions DECLARATION IN SUPPORT OF MOTION FOR SANCTIONS.. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harris, Matthew)

January 30, 2015

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew J. Harris to RE-FILE Document #151 MOTION for Sanctions DECLARATION IN SUPPORT OF MOTION FOR SANCTIONS. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)

January 29, 2015

Filing 151 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions DECLARATION IN SUPPORT OF MOTION FOR SANCTIONS. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harris, Matthew) Modified on 1/30/2015 (db).

January 29, 2015

Filing 150 MOTION for Sanctions . Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

January 26, 2015

Filing 149 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-26-15 re: Order of Judge Freeman. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affidavit Forensic Examiner Statement under penalty of perjury, #2 Exhibit Forensic Examiner Report)(Bluestone, Andrew)

January 22, 2015

Filing 148 ORDER denying #131 Letter Motion for Extension of Time to Complete Discovery. Further, in accordance with the Court's statements on the record at the 1/15/15 conference with counsel, and in light of Defendants' most recent correspondence to the Court (Dkt. 142), Defendants' application to the Court to issue subpoenas to Google and Yahoo! is denied, without prejudice to Plaintiffs to seek such subpoenas, if they deem them necessary. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

January 22, 2015

Filing 147 ORDER denying #143 Letter Motion for Extension of Time to File. (See Dkt. 145.) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

January 22, 2015

Filing 146 ORDER denying #143 Letter Motion for Extension of Time. (See Dkt. 145.) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

January 22, 2015

Filing 145 ORDER denying #142 Letter Motion for Extension of Time. Defendants' counsel should act in accordance with their discovery obligations, but Plaintiffs may move for sanctions, if they wish. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

January 22, 2015

Filing 144 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 01/22/2015 re: Fees and costs for preparing motions. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)

January 20, 2015

Filing 143 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-20-15., LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-20-15. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Pratik Letter)(Bluestone, Andrew)

January 20, 2015

Filing 142 LETTER MOTION for Extension of Time concerning email discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1/20/15. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

January 15, 2015

Filing 141 DEPOSITION of e-mail to Google taken on 5/20/14.Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit e-mail to Yahoo)(Bluestone, Andrew)

January 15, 2015

Filing 140 DEPOSITION of Forensic Examiner taken on 12/22/14.Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

January 15, 2015

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 1/15/2015. (aba)

January 14, 2015

Filing 139 NOTICE OF APPEARANCE by Alan Peter Fraade on behalf of Deepak Kavadia, Nice Gems, Inc.. (Fraade, Alan)

January 9, 2015

Filing 138 AMENDED LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-9-15 re: Corrected Letter re: Letter motion of Mr. Harris. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

January 9, 2015

Filing 137 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 1-9-15 re: Letter motion of Mr. Harris. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

January 9, 2015

Filing 136 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 01/09/2015 re: Permission to move for sanctions on defendants. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1)(Harris, Matthew)

January 6, 2015

Filing 135 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 01/06/2015 re: #131 LETTER MOTION for Extension of Time to Complete Discovery and for an Order concerning discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-29-14. . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 2, #4 Exhibit 3)(Harris, Matthew)

December 30, 2014

Filing 134 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12/30/14 re: Plaintiff's Letter regarding attorney fees. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 30, 2014

Filing 133 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #132 Letter seeking a hearing addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12/30/14. Document filed by Deepak Kavadia, Nice Gems, Inc. (Bluestone, Andrew) Modified on 12/30/2014 (db).

December 30, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #133 LETTER MOTION for Conference re: #132 Letter seeking a hearing addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12/30/14. Use the event type Letter found under the event list Other Documents. (db)

December 29, 2014

Filing 132 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated 12/29/2014 re: Fees and costs for preparing motions. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

December 29, 2014

Filing 131 LETTER MOTION for Extension of Time to Complete Discovery and for an Order concerning discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-29-14. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affidavit)(Bluestone, Andrew)

December 22, 2014

Filing 130 ORDER denying #126 Motion for Reconsideration. This Court has reviewed the submission by Defendants' counsel and sees no basis for reconsideration or reargument under Local Civil Rule 6.3, as counsel has not demonstrated that the Court overlooked any factual matters or controlling law in issuing its sanctions decision. Even if the underlying affidavit in question (Dkt. 106-9) had actually been signed by defendant Kavadia, no signature page matching that document was submitted to the Court. In any event, this Court's overall reasoning would still hold. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

December 22, 2014

Filing 129 AFFIRMATION of Matthew J. Harris in Opposition re: #126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit 6, #2 Exhibit 9)(Harris, Matthew)

December 17, 2014

Filing 128 MEMORANDUM OF LAW in Support re: #126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, . . Document filed by Deepak Kavadia, Nice Gems, Inc.. (Bluestone, Andrew)

December 17, 2014

Filing 127 AFFIRMATION of Andrew Lavoott Bluestone in Support re: #126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Docket 106-6, #3 Exhibit Docket 106-5, #4 Exhibit Docket 106-9, #5 Exhibit Docket 106-9, #6 Exhibit Docket 116-1)(Bluestone, Andrew)

December 17, 2014

Filing 126 MOTION for Reconsideration re; #119 Order on Motion to Compel,,,,,,,,,,, . Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 17, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #125 MOTION for Reconsideration re; #124 MOTION for Reconsideration re; #119 Order on Motion to Compel . Memorandum of Law. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)

December 17, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #124 MOTION for Reconsideration re; #119 Order on Motion to Compel . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

December 16, 2014

Filing 125 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #124 MOTION for Reconsideration re; #119 Order on Motion to Compel, . Memorandum of Law. Document filed by Deepak Kavadia, Nice Gems, Inc. (Bluestone, Andrew) Modified on 12/17/2014 (db).

December 16, 2014

Filing 124 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #119 Order on Motion to Compel, . Document filed by Deepak Kavadia, Nice Gems, Inc. (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Docket 106-6, #3 Exhibit Docket 106-5, #4 Exhibit Docket 106-9, #5 Exhibit Docket 106-10, #6 Exhibit Docket 116-1)(Bluestone, Andrew) Modified on 12/17/2014 (db).

December 16, 2014

Filing 123 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #119 Order on Motion to Compel, . Document filed by Deepak Kavadia, Nice Gems, Inc. (Attachments: #1 Supplement Memorandum, #2 Exhibit List of Earlier Exhibits, #3 Exhibit Docket 106-6, #4 Exhibit Docket 106-5, #5 Exhibit Docket 106-9, #6 Exhibit Docket 106-10, #7 Exhibit Docket 116-1)(Bluestone, Andrew) Modified on 12/16/2014 (db).

December 16, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #123 MOTION for Reconsideration re; #119 Order on Motion to Compel, . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

December 5, 2014

Filing 122 ORDER granting #120 Letter Motion for Extension of Time. The deadlines set forth in this Court's Order of 12/2/14 (Dkt. 119) are hereby extended by 15 days, as requested by Defendants, but, as Plaintiff points out (Dkt. 121), and as already noted by the Court, this discovery dispute is a long-standing one, and thus no further extensions will be granted. As for Defendants' request for leave to move for reargument, Defendants are directed to Local Civil Rule 6.3 and the deadlines contained therein. Counsel should note that, pursuant to Rule 6.3, a motion for reargument must be supported by a memorandum that sets forth the factual matters or controlling law that the movant believes was overlooked by the Court. It is unlikely that, on such a motion, this Court would consider new arguments that could have been previously advanced, but were not. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

December 5, 2014

Filing 121 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J Harris dated 12/05/2014 re: #120 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-4-14. . Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

December 4, 2014

Filing 120 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Blustone dated 12-4-14. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

December 2, 2014

Filing 119 ORDER granting in part and denying in part #103 Motion to Compel; granting in part and denying in part #112 Motion to Compel. This Order now addresses the unresolved portion of Plaintiffs' original motion (Dkt. 103), as well as Plaintiffs' renewed motion (Dkt. 112). For the reasons listed herein, Plaintiffs' requests to compel further discovery from Defendants are granted in part and denied in part. On the totality of the circumstances presented, this Court, in its discretion and in accordance with Rule 37, directs Kavadia and Bluestone, in equal shares, to reimburse Plaintiffs for 50 percent of the reasonable attorneys' fees and costs incurred in preparing their motion to compel (Dkt. 103), including supporting and reply submissions, and 100 percent of the reasonable attorneys' fees and costs incurred in preparing their renewed motion (Dkt. 112), including supporting and reply submissions. While a precise allocation of fees and costs based on the successful and unsuccessful portions of the initial motion to compel would be difficult, this Court is satisfied, based on its familiarity with the motion and its resolution, that this 50-percent allocation is fair and reasonable. (Signed by Magistrate Judge Debra C. Freeman on 12/2/2014) (mro)

July 20, 2014

Filing 117 REPLY AFFIDAVIT of Matthew J. Harris in Support re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery .. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harris, Matthew)

July 17, 2014

Filing 116 AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #112 MOTION to Compel Defendant Kavadia to Compel Discovery .. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Affidavit Affidavit of Kavadia, #2 Exhibit A, #3 Exhibit Redacted Exhibit B)(Bluestone, Andrew)

June 13, 2014

Filing 115 ORDER granting #109 Letter Motion for Extension of Time. See deadlines set out in the separate Order of today's date. (Dkt. 114) (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

June 13, 2014

Filing 114 ORDER granting #113 Letter Motion for Extension of Time to File Response/Reply. Defendants shall file their opposition to the motion to compel no later than 7/17/14. Plaintiffs' reply, if any, shall be filed no later than 7/21/14. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)

June 11, 2014

Filing 113 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone (on consent) dated 6-11-14. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

June 10, 2014

Filing 112 MOTION to Compel Defendant Kavadia to Compel Discovery . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harris, Matthew)

June 10, 2014

Filing 111 NOTICE of Motion to Compel Discovery. Document filed by Jose Maria Alves Decastro. (Harris, Matthew)

June 9, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew J. Harris. Document No. #110 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Compel must be formally filed. (db)

June 7, 2014

Filing 110 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Compel Defendant Kavadia to produce document . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A)(Harris, Matthew) Modified on 6/9/2014 (db).

June 3, 2014

Filing 109 LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated 6/3/14. Document filed by Deepak Kavadia, Nice Gems, Inc..(Bluestone, Andrew)

May 20, 2014

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 5/20/2014. (aba)

May 9, 2014

Filing 108 DECLARATION of Matthew Harris in Support re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery.. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Harris, Matthew)

May 8, 2014

Filing 107 REPLY to Response to Motion re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery. . Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harris, Matthew)

May 6, 2014

Filing 106 AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (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 11a, #12 Exhibit 11b)(Bluestone, Andrew)

May 6, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Andrew Lavoott Bluestone to RE-FILE Document #105 Affirmation in Opposition to Motion. ERROR(S): No signature or s/. (db)

May 5, 2014

Filing 105 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit Exh 1, #2 Errata Exh 2, #3 Exhibit Exh 3, #4 Exhibit Exh 4, #5 Exhibit Exh 5, #6 Exhibit Exh 6, #7 Exhibit Exh 7, #8 Exhibit Exh 8, #9 Exhibit Exh 9, #10 Exhibit Exh 10, #11 Exhibit Exh 11a, #12 Exhibit Exh 11b)(Bluestone, Andrew) Modified on 5/6/2014 (db).

April 15, 2014

Filing 104 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 108)DECLARATION of Matthew J. Harris in Support re: #103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery.. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Affidavit of Service)(Harris, Matthew) Modified on 5/13/2014 (kj).

April 15, 2014

Filing 103 MOTION to Compel Deepak Kavadia & Nice Gems, Inc. to Produce Discovery. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Affidavit of Service)(Harris, Matthew)

April 12, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew J. Harris to RE-FILE Document #102 Notice (Other), Notice (Other). Use the event type Compel found under the event list Motions. NOTE: You must indicate the case number on this document before re-filing. Re-File this document first, then re-file the Declaration. (ldi)

April 12, 2014

Filing 102 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion to Com,pel Discovery with Affidavit of Service re: #101 MOTION to Compel Defendants Deepak Kavadia and Nice Gems, Inc. to produce discovery.. Document filed by Jose Maria Alves Decastro. (Harris, Matthew) Modified on 4/15/2014 (ldi).

April 11, 2014

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew J. Harris to RE-FILE Document #101 MOTION to Compel Defendants Deepak Kavadia and Nice Gems, Inc. to produce discovery. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: The case number is incorrect, correct before re-filing. (ldi)

April 11, 2014

Filing 101 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Compel Defendants Deepak Kavadia and Nice Gems, Inc. to produce discovery. Document filed by Jose Maria Alves Decastro. (Attachments: #1 Exhibit Exhibit A)(Harris, Matthew) Modified on 4/15/2014 (ldi).

April 1, 2014

Filing 100 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris & Andrew Lavoott Bluestone dated 04/01/2014 re: Request to change due date to file Plaintiffs' Motion to Compel Discovery. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 28, 2014

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference and Discovery hearing held via telephone on 3/28/2014. Telephone conference scheduled for 4/25/14 at 11:00 a.m. (aba)

March 19, 2014

Filing 99 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris dated March 19, 2014 re: Correcting a misstatement. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

March 6, 2014

Filing 98 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Harris & Andrew Lavoott Bluestone dated March 6, 2014 re: Status Report. Document filed by Jose Maria Alves Decastro.(Harris, Matthew)

February 28, 2014

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone was held on 2/28/2014. The Joint Status Letter is due 3/7/14. (sc)

January 24, 2014

Filing 97 NOTICE OF APPEARANCE by Matthew J. Harris on behalf of DJJ-Mining & Services (Private) Limited. (Harris, Matthew)

January 23, 2014

Filing 96 NOTICE OF APPEARANCE by Matthew J. Harris on behalf of Jose Maria Alves Decastro. (Harris, Matthew)

December 30, 2013

Filing 95 ORDER granting #83 Motion to Withdraw as Attorney. Attorney Kenneth Edward Aneser and Ryan John McMahon terminated. Plaintiffs' counsel's unopposed motion to withdraw is GRANTED. It is ORDERED that all proceedings are stayed until January 31, 2014, by which date Plaintiffs' new counsel must file a notice of appearance on ECF. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)

December 23, 2013

Filing 94 LETTER addressed to Judge Analisa Torres from Kenneth E. Aneser, Esq. dated December 23, 2013 re: Motion to Withdraw as Counsel. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Aneser, Kenneth)

December 11, 2013

Filing 93 ORDER granting #92 Letter Motion for Extension of Time: Plaintiffs' attorneys' request for an extension to oppose the motion to withdraw is GRANTED. Plaintiffs shall file opposition papers, if any, by December 24, 2013. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)

December 11, 2013

Filing 92 LETTER MOTION for Extension of Time to File Affidavit addressed to Judge Analisa Torres from Kenneth E. Aneser, Esq. dated December 11, 2013. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Aneser, Kenneth)

November 21, 2013

Filing 91 CERTIFICATE OF SERVICE of November 20, 2013 Order of Honorable Analisa Torres served on Plaintiffs on November 20, 2013 and November 21, 2013. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Aneser, Kenneth)

November 20, 2013

Filing 90 ORDER: Plaintiffs' request for an extension is GRANTED. Plaintiffs are directed to show cause, by filing an affidavit with this Court on or before December 11, 2013, why Rosenberg Calicia & Birney LLP's motion to withdraw as their attorney and its request for the Court to impose a retaining lien and a charging lien should not be granted. Rosenberg Calicia & Birney LLP shall serve Plaintiffs with a copy of this order. (Signed by Judge Analisa Torres on 11/20/2013) (cd)

October 22, 2013

Filing 89 CERTIFICATE OF SERVICE of October 21, 2013 Order of Honorable Analisa Torres served on Plaintiffs on October 21 and October 22. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Aneser, Kenneth)

October 21, 2013

Filing 88 ORDER: #83 Motion to Withdraw as Attorney. Plaintiffs are directed to show cause, by filing an affidavit on or before November 21, 2013, why Rosenberg Calicia & Birney LLP's motion to withdraw as their attorney and its request for the Court to impose a retaining lien and charging lien should not be granted. Rosenberg Calicia & Birney LLP shall serve Plaintiffs with a copy of this order. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)

October 18, 2013

Filing 87 AFFIDAVIT of Andrew Lavoott Bluestone in Opposition re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Deepak Kavadia. (Bluestone, Andrew)

October 18, 2013

Filing 86 AFFIRMATION of Andrew Lavoott Bluestone in Opposition re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Nice Gems, Inc.. (Bluestone, Andrew)

October 18, 2013

Filing 85 MEMORANDUM OF LAW in Support re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit service)(Aneser, Kenneth)

October 18, 2013

Filing 84 DECLARATION in Support re: #83 MOTION to Withdraw as Attorney for Plaintiffs.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit service)(Aneser, Kenneth)

October 18, 2013

Filing 83 MOTION to Withdraw as Attorney for Plaintiffs. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit Service)(Aneser, Kenneth)

October 4, 2013

Filing 82 ORDER re: #81 Letter filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited, Counsel's application to file a motion to withdraw is GRANTED. Counsel shall file his motion by October 18, 2013. Counsel is directed to notify Plaintiff of this order. Motions due by 10/18/2013.(Motions due by 10/18/2013.) (Signed by Judge Analisa Torres on 10/4/13) (Torres, Analisa)

September 25, 2013

Filing 81 LETTER addressed to Judge Analisa Torres from Kenneth E. Aneser dated 9/4/2013 re: Request to make an application to be relieved as counsel to Plaintiffs. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(cd)

September 25, 2013

Filing 80 DECLARATION of Kenneth E. Aneser to be relieved as counsel for plaintiffs. Document filed by Jose Maria Alves Decastro. (cd)

September 25, 2013

Filing 79 DECLARATION of Jose Maria Alves de Castro in Opposition to the letter to be dismissed as my lawyer. Document filed by Jose Maria Alves Decastro. (cd)

September 16, 2013

Filing 78 ORDER denying #75 Motion to Compel, without prejudice to renew, following the Court's resolution of the application by Plaintiff's counsel for leave to withdraw. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra)

August 28, 2013

Filing 77 CERTIFICATE OF SERVICE of Declaration of Kenneth E. Aneser and Exhibits on August 28, 2013. Service was made by Mail. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Aneser, Kenneth)

August 28, 2013

Filing 76 DECLARATION in Support re: #75 MOTION to Compel defendants to produce discovery.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Aneser, Kenneth)

August 28, 2013

Filing 75 MOTION to Compel defendants to produce discovery. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Attachments: #1 Affidavit Certificate of Service)(Aneser, Kenneth)

August 12, 2013

Filing 74 ORDER: The Court having received correspondence from counsel for plaintiffs dated August 8, 2013 requesting an on-consent adjournment of the scheduling deadlines set forth in the Court's July 29, 2013 Order relating to, inter alia plaintiffs' motion to compel discovery, it is hereby ORDERED: No later than August 30, 2013, Plaintiffs shall serve and file any motion (a) to compel discovery from Defendants, and/or (b) to authorize service of a subpoena on any third-party email provider. No later than September 30, 2013, Defendants shall serve and file their opposition to any such motion. No later than October 16, 2013, Plaintiffs shall serve and file any reply on their motion. The deposition of defendant Deepak Kavadia shall be completed by the later of (a) November 20, 2013, or (b) two weeks after the receipt by Plaintiffs of the documents produced by Defendants or any third party in accordance with the Court's ruling on Plaintiff's motion to compel. (Deposition due by 11/20/2013., Motions due by 8/30/2013., Responses due by 9/30/2013, Replies due by 10/16/2013.) (Signed by Magistrate Judge Debra C. Freeman on 8/12/2013) (rsh)

July 29, 2013

Filing 73 ORDER: it is hereby ORDERED, as stated at the conference: 1. No later than August 19, 2013, Plaintiffs shall serve and file any motion (a) to compel discovery from Defendants, and/or (b) to authorize service of a subpoena on any third-party email provider. 2. No later than September 16, 20l3, Defendants shall serve and file their opposition to any such motion. 3. No later than September 24, 2013, Plaintiffs shall serve and file any reply on their motion. 4. The deposition of defendant Deepak Kavadia shall be completed by the later of(a) October 31, 2013, or (b) two weeks after the receipt by Plaintiffs of the documents produced by Defendants or any third party in accordance with the Court's ruling on Plaintiff's motion to compel. Copies sent by Chambers Via ECF (Signed by Magistrate Judge Debra C. Freeman on 7/29/2013) (js) Modified on 7/29/2013 (js).

July 25, 2013

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 7/25/2013. Submitted by Aisha Bams, Deputy Clerk (sc)

June 7, 2013

Filing 118 LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated 6/6/2013 re: In response to the Order of this Court and directions from Chambers, I submit the enclosed three page affidavit of Deepak Kavadia by mail, rather than by ECF. Document filed by Deepak Kavadia, Nice Gems, Inc. ***Docket and file instructions from chambers. (tn)

June 4, 2013

Filing 72 ORDER: This Court held a telephone conference on May 9, 2013, with counsel for all parties in this case, to hear oral argument regarding discovery disputes raised by Plaintiffs. At that conference, the Court resolved certain of those disputes on the record; in particular, the Court ordered defendant Deepak: Kavadia ("Kavadia") to produce the bank statements of non-party Pratik Diamonds (Private) Limited ("Pratik Diamonds"), an Indian corporation, for the period from January 1, 2011 to the present. In so ruling, the Court explicitly found that such records were in Kavadia's "control" for purposes of discovery, given that he had already been able to obtain some of those records from Pratik Diamonds, a closely held corporation of which Kavadia was, or had previously been, an officer. By letter dated May 20, 2013, however, Defendants' counsel informed the Court that Pratik Diamonds has now refused to provide Kavadia with the additional documents that are the subject of the Court's Order. (See Letter to the Court from Andrew Lavcott Bluestone, Esq., dated May 20, 2013 (Dkt. 69).) To demonstrate this, Defendants' counsel provided the Court with a copy ofa letter dated May 15,2013, purportedly received by him from Indian counsel for Pratik Diamonds, stating that Kavadia had requested the additional bank statements, that Pratik Diamonds is not in "privity of contract" with any party to this action, that Pratik Diamonds therefore "refuse [ s] to accede" to the request, and that, "if still it is persisted our clients shall refuse to comply with the same hereafter." (See id. (attachment).) In response to Defendants' submission, Plaintiffs' counsel also wrote to the Court, stating that Defendants had "unequivocally demonstrated their control over Pratik Diamonds by swiftly obtaining select Pratik Diamonds' banking records by simply asking for same" (Letter to the Court from Kenneth E. Aneser, Esq., dated May 23, 2013 (Dkt. 71), at 2), and requesting a formal, written order compelling Defendants to produce the remaining bank statements in question (id.). Under the circumstances, and in light of the fact that it is undisputed that Kavadia was previously able to obtain documents from Pratik Diamonds upon request, it is hereby ORDERED that, no later than one week from the date of this Order, Defendants shall submit to the Court an affidavit or declaration under penalty of perjury, by someone with personal knowledge, stating (1) who made the request to Pratik Diamonds for the additional documents, (2) to whom the request was made, (3) whether it was made orally or in writing, (4) what, if anything, was communicated to Pratik Diamonds about the May 9 teleconference, this Court's findings and orders at that conference, and the relevant legal definition of"control," and (5) whether the person who made the request suggested to Pratik Diamonds in any way, whether in words or substance, that it refuse to comply with the request. Pending receipt of this affidavit or declaration, the Court will reserve decision as to whether it should issue any further order compelling production. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 6/4/2013) Copies Sent By Chambers. (rsh)

May 24, 2013

Filing 71 Letter addressed to Magistrate Judge Debra C. Freeman from Kenneth E. Aneser dated 5/23/2013 re: Counsel for Plaintiff write Based on the arguments advanced by counsel and the subsequent rulings made by the Court during the May 9, 2013 telephone conference with Court, plaintiffs respectfully request a confirmation of the Court's May 9, 2013 rulings in the form of a written order indicating that Defendants shall produce to Plaintiffs' counsel any and all banking records, to include complete and full bank statements, for Pratik Diamonds (Private) Limited from January 1, 2011 to the present date within five (5) days of the date of the Order. In this way, any issues pertaining to the compliance or non-compliance with the Court's Order can be addressed between counsel without the Court's involvement or, if necessary, be subject to a proper motion record in the event either party needs to make a motion Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(js)

May 24, 2013

Filing 69 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Victor Marrero is no longer assigned to the case. (pgu)

May 22, 2013

Filing 70 Letter addressed to Magistrate Judge Debra C. Freeman from Andrew Lavoott Bluestone dated 5/20/2013 re: Counsel for Defendants write after our telephone conference on the issue of discovery, and in particular on the issue of bank records of Pratik Diamonds, Pvt. Ltd., an Indian company.As I described the situation to the Court, Mr. Kavadia is neither a director nor an officer of Pratik, and his commercial relationship with Pratik is that of customer -company. He does not have control or, nor possession of banking records. Document filed by Deepak Kavadia, Nice Gems, Inc. This Court, notwithstanding my argument, directed that he obtain certain banking records from Pratik. This Court also suggested that a confidentiality agreement might be necessary. I discussed and reached a confidentiality agreement with Plaintiffs, which they submitted last week. At the same time, immediately after your telephone conference ruling, I instructed my client to seek the banking records for the subject years, as you directed. He did so.I am now in receipt of a letter from (the signature is difficult) Pinakin B. Amin, a solicitor and advocate from Mumbai, India. In that letter, a copy of which is enclosed, he states that he represents Pratik and refuses to produce the subject bank records.....(js)

May 17, 2013

Filing 68 STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION... regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: Any application to maintain the confidentiality of any material at trial shall be made to the trial judge, in advance of trial. (Signed by Magistrate Judge Debra C. Freeman, (as modified in Paragraph 11), on 5/17/2013) (sac)

May 9, 2013

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 5/9/2013. (js)

April 12, 2013

Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 4/12/2013. The Court held a status conference in this matter. The Court referred all outstanding discovery disputes to Magistrate Judge Debra C. Freeman. (cd)

April 12, 2013

Filing 67 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. ENDORSEMENT: The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636 ), all such communications shall be addressed solely to the Magistrate Judge. SO ORDERED. (Signed by Judge Victor Marrero on 4/12/2013) (rsh)

April 4, 2013

Filing 66 ORDER: The Court hereby directs the parties to proceed with the deposition of defendant Deepak Kavadia on April 9, 2013 at 9:30 a.m. in Room 22 of the Thurgood Marshall Courthouse at 40 Foley Square, New York, NY 10007. The Court authorizes the parties to bring laptops and other electronic equipment to the deposition suitable for this purpose. The Court will arrange for a Court Security Officer to be present or available in case of any difficulties. SO ORDERED. (Signed by Judge Victor Marrero on 4/4/2013) (rsh)

April 4, 2013

Filing 65 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Lavoott Bluestone dated 4/4/2013 re: Counsel for defendants write You have now had a series of letters, written on the issue of an Order of Protection. A transcript was presented to you last night. The transcript is directly at odds with the actual Order of Protection, which does not al1ow for any contact. Plaintiff has not made any effort to have a judicial officer change the terms of the Order of Protection, which is presumed to be correct, not withstanding the transcript. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 4/4/2013) (js)

April 4, 2013

Filing 64 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 4/3/2013 re: Counsel for Plaintiff write we were in the process of writing Your Honor when we received the ECF notification. Today we received a copy of the transcript of the criminal proceedings before the Honorable Michelle A. Armstrong on July 9, 2012 (copy annexed; see p. 4 line 20 through p. 5 line 3) wherein the Court specifically and unequivocally ordered that incidental contact during these civil litigation proceedings would be allowed. This confirms the information provided in the Declaration of Michael Elbert, Esq., which was submitted to the Court with our March 29, 2013 correspondence. ENDORSEMENT: the Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 4/4/2013) (js) Modified on 4/4/2013 (js).

April 3, 2013

Filing 63 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 3/29/2013 re: For the above reasons, plaintiffs respectfully request an order that (1) plaintiff not be barred from attending the deposition on Mr. Kavadia on April 9, 2013 and (20 that the deposition be held at the Courthouse, or (3) if the Court is not inclined to permit plaintiff to attend the April 9, 2013 deposition due to the existing order of protection, that said deposition of defendant Deepak Kavadia be adjourned, sine die, until Mr. DeCastro may make an application to the criminal Court to have the carve out for civil proceeding written into a new/amended order of protection and upon issuance of same that the deposition of defendant take place thereafter with plaintiff in attendance. ENDORSEMENT: Absent a modification of the protective order issued by another judicial officer, this Court is persuaded that Mr. Castro should be excluded from the deposition of the defendant. Given the difficulties of scheduling encountered in this action because of the parties diverse residencies, the deposition shall proceed as set for 4/9/2013. (Signed by Judge Victor Marrero on 4/3/2013) (js)

April 3, 2013

Filing 62 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Lavoott Bluestone dated 3/29/2013. re: Mr. Kavadia specifically directed me to make this application, and forwarded the Order of Protection to me. He is most fearful of Mr. DeCastro. In view of a Court Order of Protection, I thought it unnecessary to add evidence of fear or emotional issues. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 4/3/2013) (js) .

April 2, 2013

Filing 61 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 3/19/2013 re: For the above reasons, Counsel requests that defendants' deposition be so ordered to take place at 10:00 a.m. at Mr. Bluestone's office on Tuesday, April 9, 2013. ENDORSEMENT: So Ordered., ( Deposition due by 4/9/2013.) (Signed by Judge Victor Marrero on 3/29/2013) (js)

March 28, 2013

Filing 60 NOTICE OF APPEARANCE by Ryan John McMahon on behalf of Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited (McMahon, Ryan)

March 26, 2013

Filing 59 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Lavoot Bluestone dated 3/26/2013 re: Counsel for defendant writes to inform the Court of a situation. In your most recent order you "So Ordered" Plaintiffs letter request setting the date of defendants deposition for April 9, 2013. Defendant will comply with your order and will appear for deposition on that date at my office. Counsel does not plan to allow Mr. DeCastro entry to the deposition which is to be held at Counsels office. Counsel writes because Mr. Anescr refused to resolve whether he intended to bring Mr. DeCastro may not be present at Defendant Kavadia's deposition based upon the order of protection now in effect. ENDORSEMENT: Plaintiffs are directed to respond by 3/29/2013, by letter not to exceed two (2) pages, to the matter set forth above by defendants, showing cause why plaintiff Jose DeCastro should not be barred from attending the defendant's deposition. So Ordered. (Signed by Judge Victor Marrero on 3/26/2013) (js)

March 26, 2013

Filing 58 ENDORSED LETTER: addressed to Judge Victor Marrero from Kenneth E. Aneser dated 3/21/2013 re: Counsel for Plaintiff write reluctantly in response to Mr. Bluestone's letter, dated March 21, 2013, which we received by fax this afternoon. Unfortunately, due to Mr. Bluestone's communications to the Court, I had to inform my client that he would likely have to change his travel plans and, therefore, advised him to plan for an April 9th deposition, which was a date on which Mr. Bluestone informed the Court that both he and his client were available for the defendants' deposition. As such, we respectfully request that the Court So Order the deposition for April 9, 2013 as requested in my March 19, 2013 letter to the Court. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 3/25/2013) (js)

February 28, 2013

Filing 57 ENDORSED LETTER addressed to Judge Victor Marrero from Ryan J. McMahon dated 2/26/2013 re: Pursuant to my telephone conversation earlier today with Ryan, Your Honor's clerk, this letter will confirm that the status conference previously scheduled for March 8, 2013 at 4:30 p.m. has been re-scheduled, upon consent, to April, 12 2013 at 11:30 a.m. ENDORSEMENT: Request GRANTED. the next status conference herein is rescheduled to 4/12/2013 at 11:30 a.m. SO ORDERED. (Signed by Judge Victor Marrero on 2/28/2013) (mt)

February 28, 2013

Set/Reset Hearings: Status Conference set for 4/12/2013 at 11:30 AM before Judge Victor Marrero. (mt)

February 19, 2013

Filing 56 MEMO ENDORSEMENT on AFFIRMATION IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL AND STAY PROCEEDINGS: Defendants are directed to respond as individual and corporate entity to the matter set forth by their attorneys above, showing cause why counsel's application to withdraw should not be granted. In the event no response to this order is received by 2/20/13 the request shall be deemed granted. (Signed by Judge Victor Marrero on 2/19/2013) (cd)

February 14, 2013

Filing 55 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Lavoott Bluestone dated 2/13/2013 re: Request to extend the 3/1/2013 fact discovery deadline. ENDORSEMENT: Request GRANTED. The Case Management Plan for this action is amended so as to extend the time for completion of fact discovery to 4/15/2013. Any other related deadline affected by this extension shall be similarly modified. No further extensions will be considered. ( Fact Discovery due by 4/15/2013.) (Signed by Judge Victor Marrero on 2/14/2013) (cd)

February 13, 2013

Filing 54 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Nice Gems, Inc. (Bluestone, Andrew)

February 13, 2013

Filing 53 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Nice Gems, Inc. (Bluestone, Andrew)

February 13, 2013

Filing 52 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Deepak Kavadia (Bluestone, Andrew)

February 13, 2013

Filing 51 NOTICE OF APPEARANCE by Andrew Lavoott Bluestone on behalf of Deepak Kavadia (Bluestone, Andrew)

February 4, 2013

Filing 50 ENDORSED LETTER addressed to Judge Victor Marrero dated 1/29/2013 re: We write in response to Defendants' counsel, Jeffrey Chabrowe, Esq.'s, letter to the Court dated January 22, 2013 requesting a pre-motion conference regarding Defendants' intention to file a motion for summary judgment. ENDORSEMENT: The Court's persuaded that it would be premature and unproductive for the parties to engage in summary judgment practice prior to the completion of all depositions and other fact discovery. So ordered. (Signed by Judge Victor Marrero on 2/1/2013) (rjm) Modified on 2/6/2013 (rjm).

January 24, 2013

Filing 49 ENDORSED LETTER: addressed to Judge Victor Marrero from Jeff Chabrowe dated 1/22/2013 re: Accordingly, Defedants request a pre-motion conference regarding Defendant's intention to file a Motion for Summary Judgment, as no rational of fact could find for the Plaintiff in this matter. ENDORSEMENT: Plaintiff is directed to respond by 1/30/3013 by letter not to exceed three (3) pages, to the matters set forth above by defendant. So Ordered. (Signed by Judge Victor Marrero on 1/24/2013) (js)

December 27, 2012

Filing 48 ENDORSED LETTER addressed to Judge Victor Marrero from Kenneth E. Aneser dated 12/26/2012 re: We were recently retained to represent the plaintiffs, Jose Maria Alves DeCastro and DJJ-Mining & Services (Private) Limited (Plaintiffs'). in the above-captioned matter. Because we were just recently retained in this matter, we ask that the Court grant us a reasonable extension of the completion date for all fact discovery including the deposition of defendant. Plaintiff Jose Maria Alves DeCastro was deposed by defendants' attorneys on September 18, 2012. Defendants' counsel has indicated that they have no objection to the extension. ENDORSEMENT: Request GRANTED. The Case Management Plan for this action is amended so as to extend the time for completion of depositions and fact discovery to 3-1-13. Any other related deadline affected by this extension shall be similarly modified. The next status conference is rescheduled to 3-8-13 at 4:30 p.m., ( Deposition due by 3/1/2013., Fact Discovery due by 3/1/2013.), ( Status Conference set for 3/8/2013 at 04:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 12/27/2012) (ago)

November 26, 2012

Filing 47 NOTICE OF APPEARANCE by Kenneth Edward Aneser on behalf of Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited (Aneser, Kenneth)

November 7, 2012

Filing 46 ENDORSED LETTER addressed to Judge Victor Marrero from John P. Gibbons, Jr. dated 11/5/2012 re: Please allow this letter to serve as a further summary of this Firm's efforts to transmit to Plaintiffs a copy of the Order of the Honorable Victor Marrero, dated October 5, 2012, with attached Affirmation in Support of motion to Withdraw as Counsel and Stay Proceedings. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by counsel for plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 11/5/2012) (rdz)

November 5, 2012

Filing 45 ENDORSED LETTER addressed to Judge Victor Marrero from John P. Gibbons, Jr. dated 10/12/2012 re: Pursuant to the Order of the Court, dated October 5, 2012, we have served Plaintiffs with a copy of the Order by DHL Express Worldwide and email. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by counsel for plaintiffs. (Signed by Judge Victor Marrero on 11/5/2012) (lmb)

November 5, 2012

Filing 44 ORDER: Accordingly, it is hereby ORDERED that the application of Spellman Rice Schure Gibbons McDonough Polizzi and Truncle, LLP to withdraw as counsel for plaintiffs in this action is GRANTED; and it is further ORDERED that individual plaintiff Jose Marie Alves DeCastro inform the Court within thirty (30) days of the date of this Order whether he intends to proceed with this action representing himself, or through substitute counsel, who shall file a notice of appearance within that period of time; and it is further ORDERED that corporate plaintiff DJJ Mining & Services (Private) Limited inform the Court within thirty (30) days of the date of this Order of the identity of substitute counsel, who shall file a notice of appearance within that period of time; and it is finally ORDERED that in the event no timely response to this Order is filed, the Court may dismiss the action without further notice for failure to prosecute., Attorney John P. Gibbons, Jr terminated. (Signed by Judge Victor Marrero on 10/25/2012) (lmb)

October 5, 2012

Filing 43 ENDORSED LETTER: addressed to Judge Victor Marrero from John P. Gibbons dated 10/4/2012 re: Counsel for Plaintiffs write this letter application to be relieved as counsel for the Plaintiffs Jose Maria Alves DeCastro and DJJ Mining & Services (Private) limited. ENDORSEMENT: Plaintiff is directed to respond by 11/2/2012 to the application of counsel set forth above. Counsel for Plaintiff's shall continue representation pending Plaintiffs response. the application shall be granted in the event no timely response is made. Counsel is directed to transmit a copy of this order to plaintiff by certified mail return receipt. ( Responses due by 11/2/2012) (Signed by Judge Victor Marrero on 10/5/2012) (js)

September 21, 2012

Filing 42 CASE MANAGEMENT PLAN AND SCHEDULING ORDER :This Scheduling Order and Case Management Plan is adopted in accordance with Fed. R. Civ. P. 16-26(f). This case is to be tried to a jury. All fact discovery is to be completed by 1/15/2013. All expert discovery to be completed by 11/29/2012. Following all discovery, all counsel must meet for at least one hour to discuss settlement. Such conference to be held no later than 12/14/2012. Depositions to be completed by 11/15/12. Parties do not consent to trial by a Magistrate Judge under U.S.C. Sec. 636(c). The next Case Management Conference is scheduled for 1/11/2013 at 9:30 a.m. ( Deposition due by 11/15/2012., Fact Discovery due by 1/15/2013.) Expert Discovery due by 11/29/2012. Case Management Conference set for 1/11/2013 at 09:30 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 9/20/2012) (ago) Modified on 9/25/2012 (ago).

August 15, 2012

Filing 41 ANSWER to #40 Counterclaim. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Gibbons, John)

August 14, 2012

Filing 40 ANSWER to #39 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against DJJ-Mining & Services (Private) Limited. Document filed by Nice Gems, Inc., Deepak Kavadia.(Hoffman, Andrew)

June 21, 2012

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John P. Gibbons, Jr. for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #39 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (tro)

June 18, 2012

Filing 39 FIRST AMENDED COMPLAINT amending #1 Complaint against Deepak Kavadia, Nice Gems, Inc. with JURY DEMAND.Document filed by DJJ-Mining & Services (Private) Limited, Jose Maria Alves Decastro. Related document: #1 Complaint filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(tro) (ama).

June 4, 2012

Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 5/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

June 4, 2012

Filing 37 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2012 before Judge Victor Marrero. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2012. Redacted Transcript Deadline set for 7/9/2012. Release of Transcript Restriction set for 9/7/2012.(McGuirk, Kelly)

May 15, 2012

Filing 35 FIRST REPLY re: #33 Amended Answer to Complaints, Counterclaim. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

May 14, 2012

Filing 34 STIPULATED ORDER: ORDERED that the diamonds taken into the Court's custody pursuant to the Temporary Restraining Order granted by the Honorable Kimba W. Wood by Order, dated February 24, 2012, shall remain in the Court's custody pending the outcome of this litigation or further Order of this Court. (Signed by Judge Victor Marrero on 5/14/2012) (djc)

May 9, 2012

Filing 33 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. Document filed by Nice Gems, Inc., Deepak Kavadia. (Hoffman, Andrew)

May 4, 2012

Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 5/4/2012. Case Management Plan due by 5/10/2012. (cd)

May 3, 2012

Filing 36 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Answer to Complaints, Counterclaim served. Service was accepted by Samudra S. Kavadia (Father of Deeak Kavadia). Document filed by DJJ-Mining & Services (Private) Limited, Jose Maria Alves Decastro. (jfe)

May 3, 2012

Filing 32 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED 4/4/12 order served on Deepak Kavadia on 4/16/2012. Service was accepted by Samudra Kavadia, father. Document filed by Jose Maria Alves Decastro. (cd)

May 1, 2012

Filing 31 ENDORSED LETTER addressed to Judge Victor Marrero from John P. Gibbons, Jr. dated 4/18/12 re: Counsel for the plaintiffs writes to submit a written inventory of all such property seized from defendants on 4/16/12. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 4/28/2012) (mro)

April 17, 2012

Filing 30 REPLY re: #22 Answer to Complaint, Counterclaim. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 13, 2012

Filing 29 MEMO ENDORSEMENT re: Letter in response by counsel for defendants to the Court's request for evidence and/or a good faith basis for Plaintiffs' assertions that the "1600 carat parcel" is somehow in the possession of the Defendants, Plaintiffs set forth various factual allegations which Defendants would like to address. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the I letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 4/12/2012) (pl)

April 12, 2012

Filing 28 MEMORANDUM OF LAW in Support re: #2 Order to Show Cause,,. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 12, 2012

Filing 27 AFFIDAVIT of John P. Gibbons, Jr. in Support re: #2 Order to Show Cause,,. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 12, 2012

Filing 26 AFFIDAVIT of Jose Maria Alves DeCastro in Support re: #2 Order to Show Cause,,. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 12, 2012

Filing 25 ORDER: Evidentiary Hearing, on the Order to Show Cause, set for 4/26/2012 at 10:00 AM before Judge Victor Marrero. The parties be present and available to testify at the hearing on 4/26/2012. (Signed by Judge Victor Marrero on 4/12/2012) (cd)

April 12, 2012

Filing 24 ENDORSED LETTER addressed to Judge Victor Marrero from John P Gibbons, Jr. dated 4/12/2012 re: Setting forth compelling evidence or a good faith basis plaintiff has to support any allegation that defendants possess the diamonds as referred to in the Court's order dated 4/10/2012. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 4/12/2012) (cd)

April 10, 2012

Filing 23 ENDORSED LETTER addressed to Judge Victor Marrero from Jeff Chabrowe dated 4/10/2012 re: In anticipation of the April 16, 2012 transfer of the diamonds at the center of this dispute into court custody, I wish to make clear to the Court and my adversary that Defendants fully intend to comply with this Court's Order in all good faith, and to the fullest extent they are able. ENDORSEMENT: Plaintiff is directed to respond by 4/13/2012, by letter not to exceed two pages, to the matter set forth above by defendants, stating what compelling evidence or good faith basis plaintiff has to support any allegation that defendants possess the diamonds referred to herein. So ordered. (Signed by Judge Victor Marrero on 4/10/2012) (rjm)

April 9, 2012

Filing 22 ANSWER to #1 Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Nice Gems, Inc., Deepak Kavadia.(Hoffman, Andrew)

April 9, 2012

Filing 21 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deepak Kavadia, Nice Gems, Inc..(Hoffman, Andrew)

April 9, 2012

Filing 20 NOTICE OF APPEARANCE by Andrew L. Hoffman on behalf of Deepak Kavadia, Nice Gems, Inc. (Hoffman, Andrew)

April 4, 2012

Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 4/4/2012. (rjm)

April 4, 2012

Filing 19 ORDER ORDERED, that defendants, Deepaak Kavadia and Nice Gems, Inc. ("Defendant"), shall produce on April 16, 2012 at eleven o'clock in the AM at the office of Nice Gems, Inc. located at 55 West 47th Street, New York, New York 10036 the following property: (1) 1600 carats of diamonds corresponding with the Kimberly Process Certificate, dated March 28, 2011, attached to the Affidavit of Jose Marie Alves DeCastro, sworn to on February 16, 2012, as Exhibit A, and(2) fourteen (14) rough-cut diamonds corresponding with the receipt attached to the Affidavit of Jose Maria Alves DeCastro, sworn to on February 16, 2012, as Exhibit D; and it is further ORDERED, that plaintiffs, Jose Maria Alves DeCastro and DJJ-Mining & Services(Private) Limited ("Plaintiffs"), are authorized under the supervision and with the assistance of the United States Marshal, to take all steps to secure and remove from Nice Gems, Inc., 55 West 47th Street, New York, New York 10036 the following property: (1) 1600 carats of diamonds corresponding with the Kimberly Process Certificate, dated March 28, 2011, attached to the Affidavit of Jose Maria Alves DeCastro, sworn to on February 16, 2012, as Exhibit A, and (2)fourteen (14) rough-cut diamonds corresponding with the hand written receipt attached the Affidavit of Jose Maria Alves DeCastro, sworn to on February 16, 2012, as Exhibit D. All steps to secure and remove the property shall include, if necessary, the breaking open, entering and searching for said property and placing it with an appropriate storage facility; and it is further ORDERED, that Plaintiffs shall retain, Dunbar Global Logistics, as substitute custodian with adequate facilities and supervision for the proper transfer, maintenance and safekeeping of the property secured and removed from Defendants; and it is further ORDERED, that the United States Marshal is authorized and directed to enter and remain on the premises of the Office of Nice Gems, Inc., from the time and at the location stated herein to ensure the peaceful and unobstructed turnover of the diamonds by the Defendants in this case, and to take any and all necessary actions, including but not limited to, the arrest of any and all persons who obstruct, attempt to obstruct, or interfere or attempt to interfere, in any way with the execution of this Order. It is further ordered, that personal service of a copy of this order, upon defendants or their counsel on or before 1:00 in the afternoon, on April 5, 2012 shall be deemed good and sufficient service thereof. All other provisions as further set forth in this order (Signed by Judge Victor Marrero on 4/4/2012) (js)

April 4, 2012

Filing 18 Letter addressed to Judge Victor Marrero from Jeffrey Chabrowe dated 3/22/2012 re: Accordingly, the defense requests that any order pertaining to injunctive relief in this matter be stayed until the parties are duly heard. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants.(js)

April 3, 2012

Filing 17 FIRST REPLY MEMORANDUM OF LAW in Support of the Motion for a Preliminary Injunction. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 3, 2012

Filing 16 REPLY AFFIRMATION of John P. Gibbons, Jr. in Support. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 3, 2012

Filing 15 REPLY AFFIDAVIT of Jose Maria Alves DeCastro in Support. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

April 3, 2012

Filing 14 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(Gibbons, John)

March 23, 2012

Filing 13 MEMORANDUM OF LAW in Opposition Plaintiffs' Order to Show Cause. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)

March 23, 2012

Filing 12 MEMORANDUM OF LAW in Opposition to Plaintiffs' Order to Show Cause. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)

March 23, 2012

Filing 11 DECLARATION of Jeffrey Chabrowe, Esq. in Opposition. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)

March 6, 2012

Filing 10 ORDER denying #7 Motion to Vacate filed by Deepak Kavadia, Nice Gems, Inc.: For the reasons set forth within, the motion to vacate (Docket No. 7} filed by defendants Deepak Kavadia and Nice Gems 1 Inc. is DENIED. (Signed by Judge Victor Marrero on 3/6/2012) (ab)

March 6, 2012

Filing 9 FIRST MEMORANDUM OF LAW in Support re: #7 MOTION to Vacate.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)

March 6, 2012

Filing 8 DECLARATION of Jeffrey Chabrowe in Support re: #7 MOTION to Vacate.. Document filed by Deepak Kavadia, Nice Gems, Inc.. (Attachments: #1 Exhibit)(Chabrowe, Jeffrey)

March 6, 2012

Filing 7 MOTION to Vacate. Document filed by Deepak Kavadia, Nice Gems, Inc..(Chabrowe, Jeffrey)

March 2, 2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jeffrey Chabrowe to RE-FILE Document #6 FIRST MOTION to Vacate Temporary Restraining Order. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)

March 2, 2012

Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Vacate Temporary Restraining Order. Document filed by Deepak Kavadia, Nice Gems, Inc. (Attachments: #1 Affidavit, #2 Exhibit, #3 Supplement, #4 Exhibit)(Chabrowe, Jeffrey) Modified on 3/5/2012 (ldi).

March 2, 2012

Filing 5 NOTICE OF APPEARANCE by Jeffrey Chabrowe on behalf of Deepak Kavadia, Nice Gems, Inc. (Chabrowe, Jeffrey)

March 1, 2012

Filing 4 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Jeffrey Chabrowe, Esq.. Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. (Gibbons, John)

February 29, 2012

Filing 3 ENDORSED LETTER addressed to Judge Denise L. Cote from John P. Gibbons, Jr. dated 2/28/2012 re: Counsel for the Plaintiff writes to request that the defendant's responsive papers to Plaintiffs' Order to Show Cause be due 3/23/2012 and reply papers due by 4/3/2012. ENDORSEMENT: Granted. (Show Cause Response due by 3/23/2012.) (Signed by Judge Denise L. Cote on 2/29/2012 Part I) (ab)

February 28, 2012

CASHIERS OFFICE REGISTRY DEPOSIT dated 2/24/12, from Judge Judge Kimba M. Wood, received $10,000.00 from WIRE TRANSFER Receipt Number 12465400293 on 2/27/12. (dig)

February 27, 2012

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John P. Gibbons, Jr. for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (rdz)

February 24, 2012

Filing 2 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited. Defendants shall show cause as to why an order should not be issued pursuant to FRCP 65 enjoining Defendants during the pendency of this action from selling, transferring re diamonds which are the subject of this action, and as further set forth in this action. Show Cause Hearing set for 3/2/2012 at 10:00 AM in Room 660, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Kimba M. Wood, Part I on 2/24/2012) (cd)

February 24, 2012

Filing 1 COMPLAINT against Deepak Kavadia, Nice Gems, Inc.. (Filing Fee $ 350.00, Receipt Number 465401030670)Document filed by Jose Maria Alves Decastro, DJJ-Mining & Services (Private) Limited.(rdz) (ama).

February 24, 2012

SUMMONS ISSUED as to Deepak Kavadia, Nice Gems, Inc.. (rdz)

February 24, 2012

Case Designated ECF. (rdz)

February 24, 2012

Magistrate Judge Debra C. Freeman is so designated. (rdz)

Search for this case: Alves Decastro et al v. Kavadia et al
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Plaintiff: Jose Maria Alves Decastro
Represented By:	Matthew J. Harris
Represented By:	Stuart L. Melnick
Represented By:	John P. Gibbons, Jr.
Represented By:	Kenneth Edward Aneser
Represented By:	Ryan John McMahon
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Plaintiff: DJJ-Mining & Services (Private) Limited
Represented By:	Matthew J. Harris
Represented By:	Stuart L. Melnick
Represented By:	John P. Gibbons, Jr.
Represented By:	Kenneth Edward Aneser
Represented By:	Ryan John McMahon
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Defendant: Deepak Kavadia
Represented By:	Andrew Lavoott Bluestone
Represented By:	Alan Peter Fraade
Represented By:	Andrew L. Hoffman
Represented By:	Jeffrey Chabrowe
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Defendant: Nice Gems, Inc.
Represented By:	Andrew Lavoott Bluestone
Represented By:	Alan Peter Fraade
Represented By:	Andrew L. Hoffman
Represented By:	Jeffrey Chabrowe
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Claimant: HARRIS J. MATTHEW
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Alternative dispute resolution (adr) provider: MATTHEW J. HARRIS
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