Aviv v. Brainard et al
| Robin Aviv |
| Christopher Brainard, Donald Brainard, Paul Bergman, LMB Holdings LLC, Four Seasons Tower LLC, CJB Capital LLC (a Wyoming Limited Liability Company), CJB Capital LLC, CB Funding LLC and John Does 1 Through 10 |
| 1:2018cv05088 |
| June 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| P. Kevin Castel |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
144
ORDER denying without prejudice 140 Letter Motion for Conference ; denying without prejudice 141 Motion for Disbursement of Funds; denying without prejudice 143 Motion for Disbursement of Funds: Motions Doc 140, 141 and 143 are DENIED withou t prejudice to renewal once a judgment is entered against Christopher Brainard in the action originally commenced in Supreme Court, New York County and assigned Index No. 652287/2018. All other relief is DENIED. (Signed by Judge P. Kevin Castel on 11/19/2018) (jwh)
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Filing
139
OPINION AND ORDER: The Clerk is directed to remand this action to the Supreme Court of the State of New York, New York County, from which it was removed. The Court will retain jurisdiction only over the following: proceedings related to the Court 9;s Orders to Show Cause entered July 31, 2018 (Doc 59) and August 22, 2018 (Doc 73), and the Orders of Civil Contempt entered August 30, 2018 (Doc 87) and October 11, 2018 (Doc 125). (Signed by Judge P. Kevin Castel on 11/1/2018) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing
125
OPINION AND ORDER: These are the Court's findings of fact and conclusions of law after a hearing on September 24, 2018 on an Order to Show Cause why a finding of civil contempt ought not be entered against Searcy Denney Scarola Barnhart & Shipl ey, P.A., ("Searcy Denney"), a law firm based in Florida, and David Vitale, Jr., one of its associates, neither of which are parties to the pending proceeding. 1. On May 11, 2018, the New York Supreme Court entered a Temporary Restraining O rder ("TRO"), which provided, in relevant part, that "each defendant and all... agents, attorneys,... and all other persons acting on behalf of or in concert with any said defendant(s)... are hereby temporarily restrained from using, a ccessing, transferring,... or otherwise conveying in any way shape or form any asset(s)[,]... regardless of whether such money or property be in the possession, custody, control or name(s) of [Christopher Brainard][,]... in which Brainard... now has or had at any time after 2010 any legal, equitable or beneficial interest." (Doc. 56-3 at 56), and as further set forth in this order. Searcy Denney's disobedience of the TRO has been proven by clear and convincing evidence. Searcy Denney m ade no reasonable attempt to comply with the TRO. The Court finds that Searcy Denney aided, assisted, and participated with Brainard in a violation of the TRO and is in civil contempt. Within seven days of this Opinion and Order, Searcy Denney shall deposit into the Registry of this Court $90,238.50, the amount transferred in violation of the TRO. If Searcy Denney does not deposit $90,238.50 into the Registry of this Court within seven days of this Opinion and Order, a fine of $3, 000 will be imposed, without further proceedings or orders, by operation of this Opinion and Order. For every seven days that Searcy Denney fails to comply with this Opinion and Order, the fine shall double. Searcy Denney shall pay any incurred fine into the Registry of this Court. (Signed by Judge P. Kevin Castel on 10/11/2018) (jwh)
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