All City Funding, LLC et al v. Midland Resources Holding, LTD et al
| All City Funding, LLC and Eduard Slinin |
| Midland Resources Holding, LTD and Alex Shnaider |
| 1:2015cv09674 |
| December 10, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Richard J Sullivan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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Filing 152
TAXATION OF COSTS as to #150 Bill of Costs Notice of Taxation,. Costs are taxed on October 31, 2019 in favor of Alex Shnaider against Eduard Slinin in the amount of $8,352.54. Done on submission, no objections filed.(dt)
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Minute Entry Bill of Costs: Done on submission 10/31/2019, no objections filed. (dt)
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Filing 151
DECLARATION of Michael Paul Bowen in Support re: #150 Bill of Costs Notice of Taxation,. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A - Judgment, #2 Exhibit B - Trial Transcript Costs, #3 Exhibit C1 - Magna Invoices Summary, #4 Exhibit C2 - DTI Invoices, #5 Exhibit D - R. Lee Expenses)(Bowen, Michael)
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Filing 150
BILL OF COSTS NOTICE OF TAXATION to recover costs against Eduard Slinin. Document filed by Alex Shnaider. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 10/29/2019 (Attachments: #1 Bill of Costs)(Bowen, Michael)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Michael Bowen to RE-FILE Document #149 Bill of Costs Notice of Taxation. File the Notice with the Bill of Costs Form under the Event List Other Documents, use the event Bill of Cost Notice of Taxation, then separately file the Declaration with all the receipts as attachments under the Event List Other Answers use the event Declaration in Support of a Non-Motion. (dt)
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Filing 149
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - BILL OF COSTS NOTICE OF TAXATION to recover costs against Eduard Slinin. Document filed by Alex Shnaider. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 10/28/2019 (Attachments: #1 Bill of Cost, #2 Declaration in Support, #3 Exhibit A - Judgment, #4 Exhibit B - Trial Transcript Costs, #5 Exhibit C1 - Magna Invoices Summary, #6 Exhibit C2 - DTI Invoices, #7 Exhibit D - R. Lee Expenses)(Bowen, Michael) Modified on 10/15/2019 (dt).
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Filing 148
CLERK'S JUDGMENT re: #147 Order in favor of Alex Shnaider against Eduard Slinin. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated October 1, 2019, the Court finds that Slinin has failed to meet his burden of proof with respect to the existence of a partnership, and judgment is entered in favor of Shnaider on all claims; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/2/2019) (Attachments: #1 Right to Appeal)(km)
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Terminate Transcript Deadlines (km)
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Filing 147
MEMORANDUM AND ORDER. The Court finds that Slinin has failed to meet his burden of proof with respect to the existence of a partnership, and enters judgment in favor of Shnaider. IT IS HEREBY ORDERED THAT the Clerk of the Court shall enter judgment for Defendant on all claims and close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/1/19) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing 146
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 1/25/19 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)
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Filing 145
TRANSCRIPT of Proceedings re: ARGUMENT held on 1/25/2019 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Karen Gorlaski, (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 3/25/2019. Redacted Transcript Deadline set for 4/4/2019. Release of Transcript Restriction set for 6/3/2019.(McGuirk, Kelly)
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Filing 144
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/4/18 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)
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Filing 143
TRANSCRIPT of Proceedings re: TRIAL held on 12/4/2018 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Carol Ganley, (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 2/28/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/8/2019.(McGuirk, Kelly)
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Filing 142
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/3/18 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)
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Filing 141
TRANSCRIPT of Proceedings re: TRIAL held on 12/3/2018 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Carol Ganley, (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 2/28/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/8/2019.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Bench Trial completed on 1/25/2019. Attorneys Laurence Jay Lebowitz and Warren Postman present for Plaintiff. Attorneys Michael Bowen, Bradley Lerman and Michael Beck present for Defendant. Court reporter present. The parties presented oral summations. (Goldman, Brian)
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Filing 140
POST TRIAL MEMORANDUM. Document filed by Eduard Slinin.(Kayes, Thomas)
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Filing 139
POST TRIAL MEMORANDUM. Document filed by Alex Shnaider.(Bowen, Michael)
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Filing 138
ORDER: IT IS HEREBY ORDERED THAT the parties shall submit simultaneous post-trial briefs by January 11, 2019. In those submissions, the parties are directed to address whether this action should be dismissed as a result of the parties' "unclean hands," which "closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief." IT IS FURTHER ORDERED THAT the parties shall appear for oral summations on January 25, 2019 at 11:30 a.m. SO ORDERED. (Oral Argument set for 1/25/2019 at 11:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 12/5/2018) (ne)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #137 MOTION for Marquel Reddish to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15997269. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE AFFIDAVIT MUST HAVE THE ORIGINAL SIGNATURE OF THE ATTORNEY SEEKING TO APPEAR PRO HAC VICE AND THE PROPOSED ORDER MUST BE LABELED APPROPRIATELY. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Bench Trial held on 12/4/2018. Attorneys Laurence Lebowitz, Thomas Kayes, Warren Postman, and Marquel Reddish present for Plaintiff. Attorneys Michael Bowen, Bradley Lerman, and Michael Beck present for Defendant. Court reporter present. Robert Lee testified. Plaintiff testified. The Court ordered the parties to submit simultaneous post-trial briefs by January 11, 2019, and scheduled a date for oral summations, as memorialized in a separately docketed order. (Goldman, Brian)
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Filing 137
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marquel Reddish to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15997269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduard Slinin. (Attachments: #1 Affidavit Affidavit in Support of Application, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Kayes, Thomas) Modified on 12/4/2018 (ma).
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Bench Trial begun on 12/3/2018. Attorneys Laurence Lebowitz, Thomas Kayes, Warren Postman and Marquel Reddish present for Plaintiff. Attorneys Michael Bowen, Bradley Lerman, and Michael Beck present for Defendant. Court reporter present. The parties gave opening statements. Defendant testified. Robert Lee testified. (Goldman, Brian)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Final Pretrial Conference held on 11/30/2018. Attorneys Laurence Jay Lebowitz, Thomas Kayes, Warren Postman, and Marquel Reddish present for Plaintiff. Attorneys Michael Bowen and Bradley Lerman present for Defendant. Court reporter present. The parties and the Court discussed contemplated trial motions. (Goldman, Brian)
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Filing 136
NOTICE of Inadvertently Omitted Trial Exhibit. Document filed by Eduard Slinin. (Attachments: #1 Ex. A - PX 28, #2 Ex. B - Email)(Kayes, Thomas)
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Filing 135
ORDER granting #132 Letter Motion for Conference. The Court is in receipt of Plaintiff's motion, dated November 26, 2018, requesting that the Court permit Igor Kopenkin to testify via videoconference. (Doc. No. 132) The Court is also in receipt of Defendant's letter dated November 28, 2018, opposing Plaintiff's motion on the sole ground that "Kopenkin's proposed testimony is immaterial and irrelevant." (Doc. No. 134.). Based on the representations made by counsel, the Court concludes that Kopenkin's proposed testimony would be relevant. One factor to consider in determining whether a partnership exists is the "contribution by each party of property, financial resources, effort, skill, or knowledge to the business." Kidz Cloz, Inc. v. Officially for Kids, Inc., 320 F. Supp 2d 164, 171 (S.D.N.Y. 2004). Whether or not Slinin paid Kopenkin to represent himself and Schnaider in connection with an investigation by Russian law enforcement is potentially relevant to the existence of a partnership. Accordingly, Plaintiff's motion to have Kopenkin testify via contemporaneous transmission is GRANTED. Plaintiff is directed to contact the Court's audio and Visual technology department (212-805-0134) to coordinate all aspects of Kopenkin's videoconference testimony. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/28/2018) (kv)
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Filing 134
LETTER addressed to Judge Richard J. Sullivan from Michael P. Bowen dated November 28, 2018 re: response to Plaintiff's November 26, 2018 letter requesting permission to belatedly add trial witness. Document filed by Alex Shnaider.(Bowen, Michael)
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Filing 133
ORDER with respect to #132 Letter Motion for Conference. IT IS HEREBY ORDERED THAT Defendant shall respond to Plaintiff's letter by November 28, 2018. IT IS FURTHER ORDERED THAT the parties shall be prepared to discuss Plaintiff's motion at the November 30, 2018 pre-trial conference. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/26/2018) (ne)
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Set/Reset Deadlines: Responses due by 11/28/2018 (ne)
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Filing 132
LETTER MOTION for Conference (Pre-Motion) addressed to Judge Richard J. Sullivan from Tom Kayes dated November 26, 2018. Document filed by Eduard Slinin.(Kayes, Thomas)
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Filing 131
NOTICE OF APPEARANCE by Michael Stuart Beck on behalf of Alex Shnaider. (Beck, Michael)
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Filing 130
NOTICE OF APPEARANCE by Warren Postman on behalf of Eduard Slinin. (Postman, Warren)
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Filing 129
TRIAL BRIEF of Plaintiff in Opposition to Defendant's Trial Brief. Document filed by Eduard Slinin.(Kayes, Thomas)
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Filing 128
OPPOSITION BRIEF re: #123 Joint Preliminary Trial Report, (Def's Motions in Limine [123-3]). Document filed by Eduard Slinin. (Attachments: #1 Ex. 1 - Shnaider Aff., #2 Ex. 2 - Slinin Aff., #3 Ex. 3 - Shnaider Dep., #4 Ex. 4 - PX 21, #5 Ex. 5 - Aleinik Dec., #6 Ex. 6 - PX 22)(Kayes, Thomas)
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Filing 127
WITNESS LIST. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 126
WITNESS LIST. Document filed by Alex Shnaider.(Bowen, Michael)
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Filing 125
NOTICE OF APPEARANCE by Thomas Kayes on behalf of Eduard Slinin. (Kayes, Thomas)
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Filing 124
JOINT FINAL TRIAL REPORT. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 123
JOINT PRELIMINARY TRIAL REPORT. Document filed by Alex Shnaider. (Attachments: #1 Appendix 1-Plaintiff's Proposed Findings of Fact and Conclusions of Law, #2 Appendix 2-Defendant's Proposed Findings of Fact and Conclusions of Law, #3 Appendix 3-Defendant's Motions In Limine, #4 Appendix 4-Defendant's Trial Memorandum)(Lerman, Bradley)
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Filing 122
JOINT PRELIMINARY TRIAL REPORT. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #120 FIRST MOTION for Thomas Kayes to Appear Pro Hac Vice by Laurence J. Lebowitz. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 121
ORDER GRANTING MOTION FOR ADMISSION OF THOMAS KAYES PRO HAC VICE granting #120 Motion for Thomas Kayes to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 11/5/2018) (ne)
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Filing 120
FIRST MOTION for Thomas Kayes to Appear Pro Hac Vice by Laurence J. Lebowitz. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduard Slinin. (Attachments: #1 Affidavit Aff in Support of Application, #2 Exhibit Cert of Good Standing, #3 Exhibit Proposed Order)(Lebowitz, Laurence)
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Filing 119
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Thomas Kayes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduard Slinin. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order)(Lebowitz, Laurence) Modified on 11/5/2018 (jc).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #119 FIRST MOTION for Thomas Kayes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Proposed Order is labled as a motion. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
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Filing 118
MEMO ENDORSEMENT granting #117 Motion for Warren Postman to Appear Pro Hac Vice. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 10/30/2018) (ne)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #116 FIRST MOTION for Thomas Kayes to Appear Pro Hac Vice made by L, Lebowitz. Filing fee $ 200.00, receipt number ANYSDC-15825611. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #117 FIRST MOTION for Warren Postman to Appear Pro Hac Vice submitted by L. Lebowitz. Filing fee $ 200.00, receipt number ANYSDC-15825712. Motion and supporting papers to be reviewed by Clerk's Office staff.>/B. The document has been reviewed and there are no deficiencies. (wb)
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Filing 117
FIRST MOTION for Warren Postman to Appear Pro Hac Vice submitted by L. Lebowitz. Filing fee $ 200.00, receipt number ANYSDC-15825712. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduard Slinin. (Attachments: #1 Affidavit Aff In Support of Motion, #2 Exhibit Certificiate of Good Standing, #3 Text of Proposed Order Proposed Order)(Lebowitz, Laurence)
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Filing 116
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Thomas Kayes to Appear Pro Hac Vice made by L, Lebowitz. Filing fee $ 200.00, receipt number ANYSDC-15825611. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduard Slinin. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Lebowitz, Laurence) Modified on 10/30/2018 (wb).
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Filing 115
ORDER: IT IS HEREBY ORDERED THAT the parties are permitted to bring their own equipment. IT IS FURTHER ORDERED THAT, in any event, the parties are directed to contact Courtroom Technology in order to coordinate the use of the Court's electronic equipment, or, alternatively, to facilitate the use of their own equipment. The Court expects the parties to coordinate with Courtroom Technology well ahead of trial so as to minimize any potential problems during trial. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/19/2018) (jca)
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Filing 114
PROPOSED ORDER. Document filed by Alex Shnaider. (Bowen, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 113
PROPOSED ORDER. Document filed by Alex Shnaider. (Bowen, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #114 Proposed Order was reviewed and approved as to form. (km)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Michael Bowen re: Document #113 Proposed Order was rejected by the Clerk's Office for the following reason the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km)
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Filing 112
MEMO ENDORSEMENT on re: #111 Letter filed by Alex Shnaider. ENDORSEMENT: In light of counsel's appearance on behalf of Defendant, IT IS HEREBY ORDERED THAT the Court's October 1, 2018 order is VACATED. (Doc. No. 108.) Accordingly, IT IS FURTHER ORDERED THAT the parties shall adhere to the Court's pre-trial order of July 18, 2018. (Doc. No. 104.) SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/3/2018) (ne)
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Filing 111
LETTER addressed to Judge Richard J. Sullivan from Michael Paul Bowen dated October 2, 2018 re: Response to the Court's October 1, 2018 Order to Show Cause. Document filed by Alex Shnaider.(Bowen, Michael)
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Filing 110
NOTICE OF APPEARANCE by Bradley Peter Lerman on behalf of Alex Shnaider. (Lerman, Bradley)
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Filing 109
NOTICE OF APPEARANCE by Michael Paul Bowen on behalf of Alex Shnaider. (Bowen, Michael)
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Filing 108
Vacated as per Judge's Order dated 10/3/2018, Doc. # 112 ORDER terminating #107 Letter Motion for Leave to File Document. On August 31, 2018, the Court granted Defendant's counsel's motion to withdraw, and ordered Defendant, by September 28, 2018, to either (1) retain new counsel or (2) file a notice of appearance himself, indicating that he will be proceeding pro se. (Doc. No. 106.) The Court warned that "failure to comply with this order will result in sanctions, including the entry of a default judgment against Defendant." (Id.) As of the date of this Order, however, Defendant has failed to notify the Court that he has retained new counsel or intends to proceed pro se. Accordingly, IT IS HEREBY ORDERED THAT Defendant shall submit a letter to the Court no later than October 15, 2018 showing cause as to why default judgment should not be entered in favor of Plaintiff. IT IS FURTHER ORDERED THAT Defendant's former counsel shall serve a copy of this order on Defendant, and file proof of service with the Clerk of the Court, by October 8, 2018. IT IS FURTHER ORDERED THAT the parties shall appear for a conference on October 22, 2018 at 10:30 a.m.; if Defendant fails to appear for the conference, the Court will enter issue a default judgment in Plaintiff's favor. (Signed by Judge Richard J. Sullivan on 10/1/2018) (mro) Modified on 10/3/2018 (mro). Modified on 10/3/2018 (ne).
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Set/Reset Hearings: Status Conference set for 10/22/2018 at 10:30 AM before Judge Richard J. Sullivan. (mro)
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Filing 107
FIRST LETTER MOTION for Leave to File Motion for a Default Judgment addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated October 1, 2018. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 106
MEMO ENDORSEMENT on re: #105 Letter filed by Alex Shnaider. ENDORSEMENT: Defendant Shnaider's counsel's motion to withdraw is GRANTED. By September 28, 2018, Defendant shall either (1) retain new counsel, which shall promptly file a notice of appearance or (2) file a notice of appearance himself, indicating that he will be proceeding pro se. Under no circumstances will the Court adjourn the dates for trial, the pre-trial conference, or the deadline for pre-trial submissions. Failure to comply with this order will result in sanctions, including the entry of a default judgment against Defendant. SO ORDERED. Attorney Nicholas A. Gravante, Jr; George R. Coe and Karen C. Dyer terminated. (Signed by Judge Richard J. Sullivan on 8/31/2018) (ne)
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Filing 105
LETTER addressed to Judge Richard J. Sullivan from Karen C. Dyer dated August 31, 2018 re: Pre-Motion Conference for Motion to Withdraw as Counsel. Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 104
ORDER: In light of the Court's order today denying Defendant's motion for summary judgment (Doc. No. 103), IT IS HEREBY ORDERED THAT a bench trial will commence on Monday, December 3, 2018 at 9:30 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED THAT, by November 8, 2018, the parties shall jointly submit a Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required by Federal Rule of Civil Procedure 26(a)(3), as well as the following information: (As further set forth in this order) IT IS FURTHER ORDERED THAT, within one week of the filing of the Proposed Pretrial Order, any party may file the following documents: i. Oppositions to any motions in limine; and ii. Oppositions to any legal arguments set forth in a pretrial memorandum. Finally, IT IS FURTHER ORDERED THAT the parties shall appear for a final pretrial conference on Friday, November 30, 2018 at 3:30 p.m. to discuss the trial, which, as previously ordered, will commence on the morning of Monday, December 3, 2018. SO ORDERED. (Proposed Pretrial Order due by 11/8/2018., Bench Trial set for 12/3/2018 at 09:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan., Final Pretrial Conference set for 11/30/2018 at 03:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/18/2018) (ne)
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Filing 103
ORDER denying #90 Motion for Summary Judgment. In sum, for the reasons stated herein and at the November 2, 2017 pre-motion conference, the fact-intensive question of whether Slinin and Shnaider formed a partnership cannot be resolved on summary judgment. Accordingly, IT IS HEREBY ORDERED THAT Shnaider's motion for summary judgment is DENIED. IT IS FURTHER ORDERED THAT a bench trial shall commence on the morning of Monday, December 3, 2018. The Court will set deadlines for pretrial submissions in a separate forthcoming order. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 90. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/17/2018) (ne) Modified on 7/19/2018 (ne). Modified on 10/9/2018 (ne).
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Filing 102
MEMO ENDORSEMENT on re: #101 Letter filed by Alex Shnaider. ENDORSEMENT: The Court will decide whether to preclude Plaintiff's use of Exhibit F-1 when the Court rules on Defendant's motion for summary judgment. (Signed by Judge Richard J. Sullivan on 1/10/2018) (ras)
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Filing 101
JOINT LETTER addressed to Judge Richard J. Sullivan from Karen Dyer dated 1/9/2018 re: Discovery Dispute reagarding Plaintiff's Exhibit F-1, Dkt. 97-10. Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 100
REPLY MEMORANDUM OF LAW in Support re: #90 MOTION for Summary Judgment . . Document filed by Alex Shnaider. (Dyer, Karen)
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Filing 99
RESPONSE in Opposition to Motion re: #90 MOTION for Summary Judgment . Rule 56.1 Response. Document filed by Eduard Slinin. (Lebowitz, Laurence)
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Filing 98
FIRST MEMORANDUM OF LAW in Opposition re: #90 MOTION for Summary Judgment . . Document filed by Eduard Slinin. (Lebowitz, Laurence)
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Filing 97
DECLARATION of Laurence J. Lebowitz in Opposition re: #90 MOTION for Summary Judgment .. Document filed by Eduard Slinin. (Attachments: #1 Exhibit Deposittion Testimony of Defendant, #2 Exhibit Continued Testimony of Defendant, #3 Exhibit Deposition Testimony of Plaintiff, #4 Exhibit Continued Testimony of Plaintiff, #5 Exhibit Deposition Testimony of George Rependa, #6 Exhibit Continued Testimony of Rependa, #7 Exhibit Deposition Testimony of Robert Lee, #8 Exhibit Promissory Note, #9 Exhibit Unofficial Statement by Defendant to Russian Authorities, #10 Exhibit Certified Copy of Defendant's Statement to Russian Authorities, #11 Exhibit E-mail from R. Lee to Defendant, #12 Exhibit E-mail from R. Lee to Defendant, #13 Exhibit Letter from R. Lee to V. Zilberman, #14 Exhibit E-mail from R. Lee to D. Tillis)(Lebowitz, Laurence)
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Filing 96
ORDER granting #95 Letter Motion for Extension of Time. The extension request is GRANTED. IT IS HEREBY ORDERED THAT Plaintiff shall file his opposition papers by December 18, 2017, and Defendant shall file his reply by January 5, 2018. (Signed by Judge Richard J. Sullivan on 11/17/2017) (mro)
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Set/Reset Deadlines: Responses due by 12/18/2017 Replies due by 1/5/2018. (mro)
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Filing 95
LETTER MOTION for Extension of Time to file Motion for Summary Judgment Papers (Unopposed) addressed to Judge Richard J. Sullivan from George Coe dated November 17, 2017. Document filed by Alex Shnaider.(Coe, George)
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Filing 94
DECLARATION of Karen C. Dyer in Support re: #90 MOTION for Summary Judgment .. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A (part 1 of 3), #2 Exhibit A (part 2 of 3), #3 Exhibit A (part 3 of 3), #4 Exhibit B (part 1 of 2), #5 Exhibit B (part 2 of 2), #6 Exhibit C (part 1 of 2), #7 Exhibit C (part 2 of 2), #8 Exhibit D (part 1 of 2), #9 Exhibit D (part 2 of 2), #10 Exhibit E (part 1 of 2), #11 Exhibit E (part 2 of 2), #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L)(Dyer, Karen)
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Filing 93
DECLARATION of Rob Lee in Support re: #90 MOTION for Summary Judgment .. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dyer, Karen)
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Filing 92
RULE 56.1 STATEMENT. Document filed by Alex Shnaider. (Dyer, Karen)
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Filing 91
MEMORANDUM OF LAW in Support re: #90 MOTION for Summary Judgment . . Document filed by Alex Shnaider. (Dyer, Karen)
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Filing 90
MOTION for Summary Judgment . Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 89
FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Karen C. Dyer in Support re: #84 MOTION for Summary Judgment .. Document filed by Alex Shnaider. (Attachments: #1 Exhibit B1, #2 Exhibit B2, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit D1, #6 Exhibit D2, #7 Exhibit E1, #8 Exhibit E2, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L)(Dyer, Karen) Modified on 11/17/2017 (db).
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Filing 88
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Karen C. Dyer in Support re: #84 MOTION for Summary Judgment .. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3)(Dyer, Karen) Modified on 11/17/2017 (db).
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Filing 87
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Statement of Material Facts. Document filed by Alex Shnaider.(Dyer, Karen) Modified on 11/17/2017 (db).
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Filing 86
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Karen C. Dyer in Support re: #84 MOTION for Summary Judgment .. Document filed by Alex Shnaider. (Dyer, Karen) Modified on 11/17/2017 (db).
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Filing 85
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rob Lee in Support re: #84 MOTION for Summary Judgment .. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dyer, Karen) Modified on 11/17/2017 (db).
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Filing 84
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Alex Shnaider. Responses due by 11/16/2017(Dyer, Karen) Modified on 11/17/2017 (db).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Karen C. Dyer to RE-FILE Document #85 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Karen C. Dyer to RE-FILE Document #88 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. ***REMINDER*** - when refiling this Declaration, make sure to attach all exhibits, including exhibits attached to duplicate document #89 . (db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Karen C. Dyer to RE-FILE Document #84 MOTION for Summary Judgment .. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the #83 Notice AS THE MOTION for Summary Judgment, then file and link any supporting documents. (db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Karen C. Dyer to RE-FILE Document #87 MOTION for Summary Judgment Statement of Material Facts. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
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Filing 83
NOTICE of Motion for Summary Judgment. Document filed by Alex Shnaider. (Dyer, Karen)
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Filing 82
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/26/17 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)
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Filing 81
TRANSCRIPT of Proceedings re: conference held on 10/26/2017 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Karen Gorlaski, (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 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018.(McGuirk, Kelly)
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Filing 80
ORDER: As stated on the record at the pre-motion conference held earlier today, IT IS HEREBY ORDERED THAT Defendant shall file his motion for summary judgment by November 16, 2017. Plaintiff need not file a response unless the Court so directs. (Motions due by 11/16/2017.) (Signed by Judge Richard J. Sullivan on 10/26/2017) (ras)
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Filing 79
Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 10/26/2017. Laurence Jay Lebowitz and Ethan B. Gerber present for Plaintiff. Karen C. Dyer and Nicholas A. Gravante, Jr., for Defendant. (Court Reporter Karen Gorlaski)(Kazam, Alexander)
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Filing 78
FIRST LETTER addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated October 10, 2017 re: Plaintiff's repsonse to Defendant's Pre-Motion Letter. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 77
ORDER granting #76 Letter Motion for Conference. IT IS HEREBY ORDERED THAT, by October 11, 2017, Plaintiffs shall file their response to Defendants' pre-motion letter. In order to allow the Court to review the parties' pre-motion letters, IT IS FURTHER ORDERED that the post-discovery conference previously scheduled for October 13, 2017, which shall now also serve as a pre-motion conference, is adjourned to October 26, 2017 at 1:00 p.m. (Pre-Motion Conference set for 10/26/2017 at 01:00 PM before Judge Richard J. Sullivan. Status Conference set for 10/26/2017 at 01:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/6/2017) (ras) Modified on 10/10/2017 (ras).
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Filing 76
LETTER MOTION for Conference (Pre-Motion Conference) for Leave to File Defendant's Motion to Dismiss addressed to Judge Richard J. Sullivan from Karen C. Dyer dated 10/05/17. Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 75
MEMO ENDORSEMENT on re: #74 Letter filed by Eduard Slinin. ENDORSEMENT: IT IS HEREBY ORDERED THAT the deadline for the parties to complete fact discovery is extended to September 25, 2017. Absent truly compelling circumstances, no further extensions will be granted. (Fact Discovery due by 9/25/2017.) (Signed by Judge Richard J. Sullivan on 8/3/2017) (ras)
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Filing 74
LETTER addressed to Judge Richard J. Sullivan from Ethan B. Gerber, Esq. at Abrams Fensterman dated 8/3/2017 re: Request for Extension. Document filed by Eduard Slinin.(Cahalan, John)
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Filing 73
NOTICE OF APPEARANCE by Ethan B. Gerber on behalf of Eduard Slinin. (Gerber, Ethan)
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Filing 72
NOTICE OF APPEARANCE by John Scanlan Cahalan on behalf of Eduard Slinin. (Cahalan, John)
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Filing 71
NOTICE OF APPEARANCE by Matthew Fitzgerald Didora on behalf of Eduard Slinin. (Didora, Matthew)
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Filing 70
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #69 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). Plaintiff demanded a trial by jury on all of its claims. Defendant believes Plaintiff's remaining claim for an accounting does not allow for a jury trial. All fact discovery is to be completed no later than 8/14/2017. Depositions shall be completed by 8/14/2017. All discovery shall be completed no later than 10/5/2017. The Court will conduct a post-discovery conference on 10/13/2017 at 2:00 p.m. The parties have conferred and their present best estimate of the length of trial is five days. IT IS HEREBY ORDERED THAT no further extensions will be granted. (Signed by Judge Richard J. Sullivan on 6/16/2017) (mro)
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Set/Reset Deadlines: ( Fact Discovery due by 8/14/2017.), Set/Reset Hearings:( Status Conference set for 10/13/2017 at 02:00 PM before Judge Richard J. Sullivan.) (mro)
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Filing 69
LETTER MOTION for Extension of Time to Complete Discovery (Agreed to by All Parties) addressed to Judge Richard J. Sullivan from Karen C. Dyer dated June 14, 2017. Document filed by Alex Shnaider. (Attachments: #1 Exhibit Proposed Revised Case Management Plan and Scheduling Order)(Dyer, Karen)
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Filing 68
RULE 26 DISCLOSURE.Document filed by Alex Shnaider.(Coe, George)
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Filing 67
RULE 26 DISCLOSURE.Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 66
ANSWER to #45 Amended Complaint. Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 65
ORDER granting #64 Letter Motion for Extension of Time to Answer. SO ORDERED. Alex Shnaider answer due 2/22/2017. (Signed by Judge Richard J. Sullivan on 2/17/2017) (kgo)
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Filing 64
LETTER MOTION for Extension of Time to File Answer (Unopposed) addressed to Judge Richard J. Sullivan from Karen C. Dyer dated 2/15/17. Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 63
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge. Plaintiff demanded a trial by jury on all of its claims. Defendant believes Plaintiff's remaining claims for an accounting does not allow for a jury trial. Deposition due by 6/24/2017. Fact Discovery due by 7/1/2017. Expert Discovery TBD by parties. Discovery due by 8/14/2017. Status Conference set for 8/24/2017 at 10:00 AM before Judge Richard J. Sullivan. The parties have conferred and their present best estimate of the length of trial is five days. (Signed by Judge Richard J. Sullivan on 2/7/2017) (cla) Modified on 2/9/2017 (cla).
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Filing 62
FIRST LETTER addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz & Karen Dyer dated February 8, 2017 re: Case Mgmt Plan. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 60
ORDER: The Court is in receipt of the parties' revised proposed case management plan and scheduling order, which proposes that all fact discovery be completed by July 1, 2017, and all remaining discovery, including expert discovery, be completed by October 9, 2017. (Doc. No. 59.) IT IS HEREBY ORDERED THAT, by February 10, 2017, the parties shall submit a joint letter explaining (1) what experts they intend to rely on, and (2) why they propose that expert discovery be completed nearly three and a half months after the close of fact discovery. (Signed by Judge Richard J. Sullivan on 2/7/2017) (mro)
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***DELETED DOCUMENT. Deleted document number #61 Jury Instruction. The document was incorrectly filed in this case. (mro)
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Filing 59
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 61
INTERNET CITATION NOTE: Material from decision with Internet citation re: #58 Order on Motion to Dismiss. (vf)
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Filing 58
OPINION AND ORDER #107027 granting in part and denying in part #51 Motion to Dismiss: IT IS HEREBY ORDERED THAT Defendants motion to dismiss is granted in part and denied in part, and Defendants motion to award attorneys fees is denied. IT IS FURTHER ORDERED THAT, by February 6, 2017, the parties shall submit a revised proposed case management plan and scheduling order. A template for the order is available at: http://www.nysd.uscourts.gov/judge/Sullivan. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 2/2/2017) (rsr) Modified on 2/3/2017 (mt). Modified on 2/8/2017 (anc).
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Filing 57
REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim. . Document filed by Alex Shnaider. (Dyer, Karen)
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Filing 56
AFFIDAVIT OF SERVICE of Memo in Opposiiton served on Alex Shnaider on June 28, 2016. Document filed by Eduard Slinin. (Lebowitz, Laurence)
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Filing 55
FIRST MEMORANDUM OF LAW in Opposition re: #51 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim. . Document filed by Eduard Slinin. (Lebowitz, Laurence)
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Filing 54
DECLARATION of Robert E. Lee in Support re: #51 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim.. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dyer, Karen)
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Filing 53
DECLARATION of George R. Coe in Support re: #51 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim.. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A)(Dyer, Karen)
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Filing 52
MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim. . Document filed by Alex Shnaider. (Dyer, Karen)
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Filing 51
MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim. Document filed by Alex Shnaider.(Dyer, Karen)
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Filing 50
NOTICE OF VOLUNTARY DISMISSAL:PLEASE TAKE NOTICE, that Plaintiff, Edward Slinin, having filed an Amended Complaint, pursuant to F.R.C.P. 15(a)(1)(B), captioned Edward Slinin, Plaintiff v. Alex Shnaider, Defendant, the above captioned action i s discontinued without prejudice against Defendant Midland Resources Holding, Ltd. PLEASE TAKE FURTHER NOTICE: that Plaintiff, All City Funding, LLC, discontinues without prejudice, all claims previously brought against Defendants in the above captioned action. (Signed by Judge Richard J. Sullivan on 6/1/2016) (rj)
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***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Laurence Lebowitz Document #49 Notice of Voluntary Dismissal was referred to Judge Richard J. Sullivan for approval. (jk)
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Filing 49
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Midland Resources Holding, LTD. Document filed by Eduard Slinin. (Lebowitz, Laurence) Modified on 6/1/2016 (jk).
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Set/Reset Deadlines: Brief due by 6/13/2016. Reply to Response to Brief due by 7/8/2016. Responses to Brief due by 6/28/2016 (tro)
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Filing 48
ORDER denying as moot #41 Motion to Dismiss; terminating #46 Letter Motion for Conference. IT IS HEREBY ORDERED THAT Plaintiff's motion for leave to file an amended complaint is deemed made and is GRANTED. IT IS FURTHER ORDERED THAT Defendants' motion to dismiss the original complaint (Doc. No. 41) is DENIED as moot. IT IS FURTHER ORDERED THAT Defendants shall file their opening brief in support of their motion to dismiss the amended complaint by June 13, 2016; Plaintiff shall file his opposition brief by June 28, 2016; and Defendants shall file their reply brief by July 8, 2016. Defendants may include in their motion to dismiss an application for attorneys' fees. Regardless of whether Defendants include such an application, the parties' briefs on the motion to dismiss shall comply with the page limits set forth in Rule 2.B of the Court's Individual Rules and Practices. Because Plaintiff's amended complaint (Doc. No. 45) drops certain parties from this case, Plaintiff shall file a notice of dismissal of those parties pursuant to Fed. R. Ci v. P. 41 (a) (1) (A) forthwith. Discovery shall remain stayed pending the Court's decision on Defendants' motion to dismiss. The Clerk of the Court is respectfully directed to terminate the motions pending at docket numbers 41 and 46. (Signed by Judge Richard J. Sullivan on 5/27/2016) (spo).
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Filing 47
LETTER RESPONSE in Opposition to Motion addressed to Judge Richard J. Sullivan from Karen C. Dyer dated May 18, 2016 re: #46 FIRST LETTER MOTION for Conference re: #45 Amended Complaint addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated May 13, 2016. . Document filed by Midland Resources Holding, LTD, Alex Shnaider. (Dyer, Karen)
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Filing 46
FIRST LETTER MOTION for Conference re: #45 Amended Complaint addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated May 13, 2016. Document filed by Eduard Slinin.(Lebowitz, Laurence)
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Filing 45
FIRST AMENDED COMPLAINT amending #5 Complaint against Alex Shnaider with JURY DEMAND.Document filed by Eduard Slinin. Related document: #5 Complaint filed by All City Funding, LLC.(Lebowitz, Laurence)
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Filing 44
DECLARATION of George R. Coe in Support re: #41 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim.. Document filed by Midland Resources Holding, LTD, Alex Shnaider. (Attachments: #1 Exhibit A)(Dyer, Karen)
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Filing 43
DECLARATION of Robert E. Lee in Support re: #41 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim.. Document filed by Midland Resources Holding, LTD, Alex Shnaider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dyer, Karen)
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Filing 42
MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim. . Document filed by Midland Resources Holding, LTD, Alex Shnaider. (Dyer, Karen)
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Filing 41
MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to State a Claim. Document filed by Midland Resources Holding, LTD, Alex Shnaider.(Dyer, Karen)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time. SO ORDERED. Motions due by 4/29/2016. (Signed by Judge Richard J. Sullivan on 3/25/2016) (cf)
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Set/Reset Deadlines: Responses due by 5/31/2016 Replies due by 6/9/2016. (cf)
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Filing 39
FIRST LETTER MOTION for Extension of Time for motion schedule addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated March 25, 2016. Document filed by All City Funding, LLC.(Lebowitz, Laurence)
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Filing 38
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/16/16 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)
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Filing 37
TRANSCRIPT of Proceedings re: conference held on 3/16/2016 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Andrew Walker, (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 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/27/2016.(McGuirk, Kelly)
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Filing 36
MEMO ENDORSEMENT on re: #29 Letter filed by Alex Shnaider re: Motion to Dismiss. ENDORSEMENT: IT IS HEREBY ORDER THAT Defendants shall file their motion to dismiss and opening brief by April 22, 2016, Plaintiffs shall file their opposition brief by May 23, 2016, and Defendants shall file any reply by June 2, 2016. Discovery is stayed pending the Court's ruling on the motion. The parties' briefs shall conform with the page limits set forth in the Court's Individual Rules and Practices. SO ORDERED. (Motions due by 4/22/2016. Responses due by 5/23/2016, Replies due by 6/2/2016.) (Signed by Judge Richard J. Sullivan on 3/23/2016) (kko)
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Filing 35
SUPPLEMENTAL LETTER addressed to Judge Richard J. Sullivan from Nicholas A. Gravante, Jr. dated March 23, 2016 re: Motion to Dismiss. Document filed by Alex Shnaider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gravante, Nicholas)
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Filing 34
NOTICE of Exhibit C Part 3 of 3 to Docket Entry No. 29 re: #29 Letter. Document filed by Alex Shnaider. (Gravante, Nicholas)
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Filing 33
NOTICE of Exhibt C Part 2 of 3 to Docket Entry No. 29 re: #29 Letter. Document filed by Alex Shnaider. (Gravante, Nicholas)
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Filing 32
NOTICE of Exhibit C part 1 of 3 to Docket Entry No. 29 re: #29 Letter. Document filed by Alex Shnaider. (Gravante, Nicholas)
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Filing 31
NOTICE of Exhibit B to Docket Entry No. 29 re: #29 Letter. Document filed by Alex Shnaider. (Gravante, Nicholas)
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Filing 30
NOTICE of Exhibt A to Docket Entry 29 re: #29 Letter. Document filed by Alex Shnaider. (Gravante, Nicholas)
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Filing 29
LETTER addressed to Judge Richard J. Sullivan from Nicholas A. Gravante, Jr. dated 3/18/2016 re: Motion to Dismiss. Document filed by Alex Shnaider.(Gravante, Nicholas)
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Filing 28
ORDER: IT IS HEREBY ORDERED THAT, by March 23, 2016, Defendants shall submit a letter attaching (1) the formation or other governing documents for Challenger Aircraft Company, Ltd., and CL850 Aircraft Investments, Ltd. (see Doc. No. 5 ("Complaint") paragraph 32), and (2) the aircraft purchase contracts described in paragraphs 36-57 of the Complaint, to the extent those documents are within Defendants' possession or control. The letter shall also apprise the Court of Defendants' plans with respect to any motions. (Signed by Judge Richard J. Sullivan on 3/16/2016) (mro)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: On March 16, 2016 at 10:05 a.m., the Court held an initial and pre-motion conference in this matter. Attorney Laurence Lebowitz present for Plaintiffs. Attorneys Nicholas Gravante, Jr., and Reese Dameron present for Defendants. Court reporter present. By March 23, 2016, Defendants shall file a letter attaching the documents discussed at the conference and apprising the Court of any anticipated motions. (Ruff, Robert) Modified on 3/16/2016 (ca).
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Filing 27
LETTER RESPONSE in Opposition to Motion addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated 3/7/16 re: #24 LETTER MOTION for Extension of Time addressed to Judge Richard J. Sullivan from Milo Silberstein dated February 29, 2016. . Document filed by All City Funding, LLC. (Lebowitz, Laurence)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Laurence Jay Lebowitz to RE-FILE Document #26 COUNTER LETTER MOTION for Conference re: #25 Order on Motion for Extension of Time, addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated March 7, 2016. Use the event type Response to Motion (Letter) found under the event list Replies, Opposition and Supporting Documents. When asked, Is this a Letter Response to a Letter Motion?, click the Yes radio button, then complete the Docket Entry as Instructed. (db)
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Filing 26
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COUNTER LETTER MOTION for Conference re: #25 Order on Motion for Extension of Time, addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz dated March 7, 2016. Document filed by All City Funding, LLC. Return Date set for 3/16/2016 at 10:00 AM.(Lebowitz, Laurence) Modified on 3/9/2016 (db).
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time. IT IS HEREBY ORDERED THAT the initial and pre-motion conference currently scheduled for March 2, 2016 is ADJOURNED to March 16, 2016 at 10:00 a.m. Plaintiffs shall respond to Defendants' pre-motion letter by March 7, 2016. The Court extends its deepest sympathy to Mr. Lebowitz and his family for their loss. (Signed by Judge Richard J. Sullivan on 2/29/2016) (mro)
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Filing 24
LETTER MOTION for Extension of Time addressed to Judge Richard J. Sullivan from Milo Silberstein dated February 29, 2016. Document filed by All City Funding, LLC, Eduard Slinin.(Silberstein, Milo)
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Set/Reset Hearings: Initial Conference set for 3/16/2016 at 10:00 AM before Judge Richard J. Sullivan. Pre-Motion Conference set for 3/16/2016 at 10:00 AM before Judge Richard J. Sullivan. (mro)
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Filing 23
ORDER granting #22 Letter Motion for Conference. The Court is in receipt of Defendants' pre-motion letter dated February 25, 2016. (Doc. No. 22.) IT IS HEREBY ORDERED THAT Plaintiffs shall respond to Defendants' pre-motion letter by February 29, 2016. The initial conference scheduled in this matter for March 2, 2016 at 10:15 a.m. is rescheduled to begin at 10:00 a.m. and will also serve as a pre-motion conference pursuant to Rule 2.A of the Court's Individual Rules and Practices. Initial Conference set for 3/2/2016 at 10:00 AM before Judge Richard J. Sullivan. Pre-Motion Conference set for 3/2/2016 at 10:00 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 2/26/2016) (mro)
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Filing 22
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Richard J. Sullivan from Karen C. Dyer dated February 25, 2016. Document filed by Alex Shnaider.(Coe, George)
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Filing 21
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by All City Funding, LLC.(Lebowitz, Laurence)
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Filing 20
FIRST LETTER addressed to Judge Richard J. Sullivan from Laurence J. Lebowitz and Karen Dyer dated February 16, 2016 re: Joint letter outlining case. Document filed by All City Funding, LLC.(Lebowitz, Laurence)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for George R. Coe to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 2/19/2016) (cf)
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Filing 18
MOTION for George Randolph Coe to Appear Pro Hac Vice on behalf of Defendant Alex Shnaider. Filing fee $ 200.00, receipt number 0208-11967276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alex Shnaider. (Attachments: #1 Exhibit Florida Certificate of Good Standing, #2 Exhibit Colorado Certificate of Good Standing, #3 Text of Proposed Order)(Coe, George)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for George Randolph Coe to Appear Pro Hac Vice on behalf of Defendant Alex Shnaider. Filing fee $ 200.00, receipt number 0208-11967276. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 17
ORDER granting #16 LETTER MOTION for Extension of Time to File Response/Reply as to #5 Complaint addressed to Judge Richard J. Sullivan from Karen C. Dyer dated February 10, 2016. Having considered Defendants' letter dated February 10, 2016 (Doc. No. 16), IT IS HEREBY ORDERED THAT Defendants' request that the time to respond to Plaintiffs' complaint be extended to February 25, 2016 is GRANTED. IT IS FURTHER ORDERED THAT the conference previously scheduled for February 24, 2016 in this matter is ADJOURNED to March 2, 2016 at 10:15 a.m., and the deadline for the parties' submission, pursuant to the Court's December 29, 2015 order (Doc. No. 10), of a joint letter and proposed case management plan and scheduling order is ADJOURNED to February 24, 2015 at 4:00p.m. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/10/2016) (adc)
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Filing 16
LETTER MOTION for Extension of Time to File Response/Reply as to #5 Complaint addressed to Judge Richard J. Sullivan from Karen C. Dyer dated February 10, 2016. Document filed by Alex Shnaider.(Dyer, Karen)
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Set/Reset Deadlines: Midland Resources Holding, LTD answer due 2/25/2016; Alex Shnaider answer due 2/25/2016. Set/Reset Hearings:(Initial Conference set for 3/2/2016 at 10:15 AM before Judge Richard J. Sullivan.) (adc)
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Karen C. Dyer to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 2/8/2016) (mro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Karen C. Dyer to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 14
MOTION for Karen C. Dyer to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alex Shnaider. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Dyer, Karen)
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Filing 13
NOTICE OF APPEARANCE by Nicholas A. Gravante, Jr on behalf of Alex Shnaider. (Gravante, Nicholas)
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Karen C. Dyer to Appear Pro Hac Vice on behalf of Defendant Alex Shnaider. Filing fee $ 200.00, receipt number 0208-11907051. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alex Shnaider. (Attachments: #1 Text of Proposed Order Prop Order - Dyer PHV, #2 Exhibit COGS (Florida) - Dyer PHV supporting document)(Dyer, Karen) Modified on 2/2/2016 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Karen C. Dyer to Appear Pro Hac Vice on behalf of Defendant Alex Shnaider. Filing fee $ 200.00, receipt number 0208-11907051. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FONT.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 11
AFFIDAVIT OF SERVICE of Order on 12/29/15. Service was made by Mail. Document filed by Eduard Slinin. (Lebowitz, Laurence)
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Filing 10
ORDER: Initial Conference set for 2/24/2016 at 10:30 AM in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 12/29/2015) (mro)
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Filing 9
WAIVER OF SERVICE RETURNED EXECUTED. Midland Resources Holding, LTD waiver sent on 12/15/2015, answer due 2/13/2016; Alex Shnaider waiver sent on 12/15/2015, answer due 2/13/2016. Document filed by Eduard Slinin. (Lebowitz, Laurence)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Midland Resources Holding, LTD, Alex Shnaider. (rch)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Midland Resourses Holding, Ltd and Alex Shnaider, re: #5 Complaint. Document filed by All City Funding, LLC. (Lebowitz, Laurence)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select every party who is a filer/filers - and attach the correct summons form PDF. (rch)
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Filing 6
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Midland Resources Holdings, Ltd and Alex Shnaider, re: #5 Complaint. Document filed by All City Funding, LLC. (Lebowitz, Laurence) Modified on 12/14/2015 (rch).
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Filing 5
COMPLAINT against Midland Resources Holding, LTD, Alex Shnaider. Document filed by All City Funding, LLC.(Lebowitz, Laurence)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laurence Jay Lebowitz to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo)
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Laurence Jay Lebowitz. The following case opening statistical information was erroneously selected/entered: Cause of Action code 150 Contract: Recovery/Enforcement; Nature of Suit code 150 (Contract: Recovery/Enforcement); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332 Diversity Action; the Nature of Suit code has been modified to 190 (Contract: Other); the Fee Status code has been modified to pd (paid);. (dgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
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Magistrate Judge Andrew J. Peck is so designated. (dgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)
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Case Designated ECF. (dgo)
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Filing 4
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Midland Resources Holdings, Ltd and Alex Shnaider, re: #1 Complaint. Document filed by Eduard Slinin. (Lebowitz, Laurence) Modified on 12/11/2015 (dgo).
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Filing 3
CIVIL COVER SHEET filed. (Lebowitz, Laurence)
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Filing 2
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by All City Funding, LLC.(Lebowitz, Laurence)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-11722503)Document filed by Eduard Slinin.(Lebowitz, Laurence) Modified on 12/11/2015 (dgo).
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