Lebetkin v. Giray et al
| Steven Lebetkin |
| Sassoon & Cymrot, LLP, Aysa Giray, Lewis P. Sassoon, Adile Batuk, Stephen J Sassoon, Rosenberg Feldman Smith LLP, Ayse Giray, Richard B Feldman, Lewis Sassoon, Esq., John Doe 1 through 25 and Michael H. Smith |
| 1:2018cv08170 |
| September 7, 2018 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 50 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #7 Endorsed Letter,,, Set Deadlines,,, Set Scheduling Order Deadlines,, addressed to Judge Denise L. Cote from Paul W. Verner dated November 1, 2018. Document filed by Steven Lebetkin.(Verner, Paul) |
| Filing 49 LETTER addressed to Judge Denise L. Cote from Paul W. Verner dated October 30, 2018 re: Courtesy Coipies Motion to Disqualify Counsel. Document filed by Steven Lebetkin.(Verner, Paul) |
| Filing 48 DECLARATION of Steven Lebetkin in Support re: #8 MOTION to Disqualify Counsel .. Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 47 DECLARATION of Steven Lebetkin in Support re: #8 MOTION to Disqualify Counsel .. Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 46 DECLARATION of Paul W. Verner in Support re: #8 MOTION to Disqualify Counsel .. Document filed by Steven Lebetkin. (Attachments: #1 Exhibit Exhibits A to Verner Declaration, #2 Exhibit Exhibits B to Verner Declaration)(Verner, Paul) |
| Filing 45 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Disqualify Counsel . . Document filed by Steven Lebetkin. (Verner, Paul) |
Filing 44
OPINION AND ORDER......Lebetkins September 27, 2018 motion to remand is denied. Richard Feldman, Michael Smith, Stephen Sassoon, Rosenberg Feldman Smith LLP, and Adile Batuk are severed from this action and Lebetkins claims against them are dismissed without prejudice. (Signed by Judge Denise L. Cote on 10/26/2018) (gr)
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| Filing 43 LETTER addressed to Judge Denise L. Cote from Paul W. Verner dated October 23, 2018 re: Courtesy Copies - Motion to Remand. Document filed by Steven Lebetkin.(Verner, Paul) |
| Filing 42 DECLARATION of Paul W. Verner in Support re: #18 MOTION to Remand to State Court .. Document filed by Steven Lebetkin. (Attachments: #1 Exhibit Exhibit H to Verner Decl., #2 Exhibit Exhibit I to Verner Decl., #3 Exhibit Exhibit J to Verner Decl.)(Verner, Paul) |
| Filing 41 DECLARATION of Steven Lebetkin in Support re: #18 MOTION to Remand to State Court .. Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 40 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Remand to State Court . . Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 39 MEMORANDUM OF LAW in Opposition re: #8 MOTION to Disqualify Counsel . . Document filed by Rosenberg Feldman Smith LLP. (Smith, Michael) |
| Filing 38 AFFIDAVIT of Ayse Giray in Opposition re: #8 MOTION to Disqualify Counsel .. Document filed by Rosenberg Feldman Smith LLP. (Attachments: #1 Exhibit Exhibit A to Affidavit, #2 Exhibit Exhibit B to Affidavit, #3 Exhibit Exhibit C to Affidavit)(Smith, Michael) |
| Filing 37 AFFIDAVIT of Michael H. Smith in Opposition re: #8 MOTION to Disqualify Counsel .. Document filed by Rosenberg Feldman Smith LLP. (Smith, Michael) |
| Filing 36 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss (doc. 34) and Memorandum of Law (doc. 35) served on Steven Lebetkin on 10/12/2018. Service was made by Email upon counsel. Document filed by Sassoon & Cymrot, LLP, Lewis Sassoon, Esq.. (Magaliff, Howard) |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Notice of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Sassoon & Cymrot, LLP, Lewis Sassoon, Esq.. (Magaliff, Howard) |
| Filing 34 MOTION to Dismiss Notice of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Sassoon & Cymrot, LLP, Lewis Sassoon, Esq.. Responses due by 11/2/2018(Magaliff, Howard) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Remand to State Court . . Document filed by Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Sassoon & Cymrot, LLP, Lewis Sassoon, Esq., Michael H. Smith. (Smith, Michael) |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #33 Memorandum) - MEMORANDUM OF LAW in Opposition re: #18 MOTION to Remand to State Court . . Document filed by Adile Batuk, Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Sassoon & Cymrot, LLP, Lewis Sassoon, Esq., Michael H. Smith. (Smith, Michael) Modified on 10/15/2018 (db). |
| Filing 31 AFFIDAVIT of Ayse Giray in Opposition re: #18 MOTION to Remand to State Court .. Document filed by Ayse Giray. (Smith, Michael) |
| Filing 30 AFFIDAVIT of Michael H. Smith in Opposition re: #18 MOTION to Remand to State Court .. Document filed by Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Michael H. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Michael) |
| Filing 29 AFFIDAVIT of Michael H. Smith in Opposition re: #18 MOTION to Remand to State Court .. Document filed by Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Michael H. Smith. (Smith, Michael) |
| Filing 28 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Michael H. Smith. (Smith, Michael) |
| Filing 27 AFFIDAVIT of Ayse Giray in Support re: #26 MOTION to Dismiss Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6).. Document filed by Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Michael H. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Michael) |
| Filing 26 MOTION to Dismiss Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). Document filed by Richard B Feldman, Ayse Giray, Rosenberg Feldman Smith LLP, Stephen J Sassoon, Michael H. Smith.(Smith, Michael) |
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Filing 25
ORDER denying #24 Letter Motion to Continue; denying #24 Letter Motion to Expedite. (Signed by Judge Denise L. Cote on 10/3/2018) (gr)
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| Filing 24 CONSENT LETTER MOTION to Continue Briefing Schedule Without date addressed to Judge Denise L. Cote from Paul W. Verner dated October 3, 2018., LETTER MOTION to Expedite Plaintiff's Remand Motion (Dckt.18-21) addressed to Judge Denise L. Cote from Paul W. Verner dated October 3, 2018. Document filed by Steven Lebetkin.(Verner, Paul) |
| Filing 23 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael H. Smith dated 09/27/2018 re: Requesting that the briefing schedule on the motions to dismiss and motion to disqualify be reset after the motion for remand is decided. ENDORSEMENT: The schedule set on September 13 is for other motions remains unaltered. This request to reschedule them is denied. The opposition to the motion to remand is due October 12; reply is due Oct. 19. (Signed by Judge Denise L. Cote on 9/28/2018) (gr) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul William Verner to RE-FILE re: Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Defendant's name on docket and on pleading must match exactly; if you are changing the names, you must add them on the docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended 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. (sj) |
| Filing 22 LETTER addressed to Judge Denise L. Cote from Michael H. Smith dated 09/27/2018 re: Document No. 7. Document filed by Ayse Giray.(Smith, Michael) |
| Filing 21 JOINDER to join . Document filed by Ayse Giray.(Smith, Michael) |
| Filing 20 DECLARATION of Paul W. Verner in Support re: #18 MOTION to Remand to State Court .. Document filed by Steven Lebetkin. (Attachments: #1 Exhibit Exhibits A to Verner Declaration, #2 Exhibit Exhibits B to Verner Declaration, #3 Exhibit Exhibits C to Verner Declaration, #4 Exhibit Exhibit D to Verner Declaration, #5 Exhibit Exhibits E to Verner Declaration, #6 Exhibit Exhibits F to Verner Declaration, #7 Exhibit Exhibit G to Verner Declaration)(Verner, Paul) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Remand to State Court . . Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 18 MOTION to Remand to State Court . Document filed by Steven Lebetkin.(Verner, Paul) |
| Filing 17 MEMORANDUM OF LAW in Support re: #9 MOTION to Disqualify Counsel . . Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 16 MEMORANDUM OF LAW in Support re: #8 MOTION to Disqualify Counsel . . Document filed by Steven Lebetkin. (Verner, Paul) |
| Filing 15 DECLARATION of Paul W. Verner in Support re: #9 MOTION to Disqualify Counsel .. Document filed by Steven Lebetkin. (Attachments: #1 Exhibit Exhibits A-E)(Verner, Paul) |
| Filing 14 DECLARATION of Paul W. Verner in Support re: #8 MOTION to Disqualify Counsel .. Document filed by Steven Lebetkin. (Attachments: #1 Exhibit Exhibits A-E)(Verner, Paul) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT against Ayse Giray, John Doe 1 through 25, Sassoon & Cymrot, LLP, Lewis Sassoon, Esq., Richard B Feldman, Michael H. Smith, Stephen J Sassoon, Rosenberg Feldman Smith LLP, Adile Batuk with JURY DEMAND.Document filed by Steven Lebetkin. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Verner, Paul) Modified on 9/28/2018 (sj). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paul William Verner to RE-FILE Document #9 MOTION to Disqualify Counsel . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. The Motion to Disqualify Counsel was already filed as the #8 MOTION. Refile the Memorandum in Support and the Declaration in Support separately using the individual events found under the Event Type - Replies, Opposition and Supporting Documents, then link both to the #8 MOTION. Refile 2 separate documents each receiving their own document #'s. (db) |
| Filing 12 NOTICE OF APPEARANCE by Michael Howard Smith on behalf of Ayse Giray. (Smith, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Richard Bruce Feldman on behalf of Ayse Giray. (Feldman, Richard) |
| Filing 10 NOTICE OF APPEARANCE by Stephen M. Rosenberg on behalf of Ayse Giray. (Rosenberg, Stephen) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Disqualify Counsel . Document filed by Steven Lebetkin. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Declaration in Support)(Verner, Paul) Modified on 9/26/2018 (db). |
| Filing 8 MOTION to Disqualify Counsel . Document filed by Steven Lebetkin.(Verner, Paul) |
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Filing 7
ENDORSED LETTER addressed to Judge Denise L. Cote from Howard P. Magaliff dated September 12, 2018 re: Referring to the Court's September 10th Order, counsel have conferred and request the following schedule be considered: Motion to dismiss served by 10/12/2018; Opposition served by 11/2/2018; Reply served by 11/16/2018. Motion to Disqualify Rosenberg Feldman Smith LLP served by 9/17/2018; Opposition served by 10/15/2018; Reply served by 10/29/2018. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 9/13/2018) Copy Emailed to Paul W. Verner, Counsel for Plaintiff(gr)
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| Filing 6 LETTER addressed to Judge Denise L. Cote from Howard P. Magaliff dated September 12, 2018 re: Motion Schedule. Document filed by Sassoon & Cymrot, LLP, Lewis Sassoon, Esq..(Magaliff, Howard) |
| Filing 5 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654425/2018..Document filed by Sassoon & Cymrot, LLP, Lewis Sassoon, Esq.. (Attachments: #1 Exhibit Summons and Complaint Filed in State Court)(Magaliff, Howard) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
| ADD PARTY FOR PLEADING. Defendants/Respondents All Plaintiffs added. Party added pursuant to #5 Notice of Removal.Document filed by John Doe 1 through 25. Related document: #5 Notice of Removal.(Magaliff, Howard) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-02211-DLC. Notice of Assignment to follow. (wb) |
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Filing 4
ORDER: This action was removed from the Supreme Court of New York, New York County pursuant to 28 U.S.C. 1441(a) and (b) on September 7, 2018. The case was referred to this Court as related to a previous action filed by the same plaintiff against the same defendants, docket number 18cv2211(DLC). In that case, an Order of August 10 set the following briefing schedule for Lebetkins motion to disqualify defense counsel and defendants renewed motion to dismiss:Any motion to disqualify counsel-Motion served by August 14, 2018-Opposition served by September 13-Reply served by September 20Any renewed motion to dismiss-Motion served by September 13, 2018-Opposition served by October 5-Reply served by October 19Lebetkin filed an Amended Complaint on August 13. He filed a motion to disqualify defense counsel on August 15. No opposition to that motion was filed, as Lebetkin voluntarily dismissed the case on August 27. Accordingly, it is herebyORDERED that the parties shall meet and confer and submit to the Court a proposed scheduling order no later than noon on September 13, 2018. If the parties should fail to submit a proposed schedule by that date, then the schedule set forth in the August 10 Order and above shall remain in effect. (Signed by Judge Denise L. Cote on 9/10/2018) (gr)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Howard P. Magaliff to RE-FILE re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party John Does 1 through 25; due to party modification, the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Notice of Removal 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Howard P. Magaliff. The party information for the following party/parties has been modified: Ayse Giray; Lewis Sassoon, Esq.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Howard P. Magaliff. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Jury Demand code p (Plaintiff); Dollar Demand $3000000; County code New York; 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; the Jury Demand code has been modified to d (Defendant); the Dollar Demand has been modified to None; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Denise L. Cote as possibly similar to 18-cv-2211. (jgo) |
| Filing 3 CERTIFICATE OF SERVICE served on Steven Lebetkin by counsel Paul Verner, Esq. on 09/07/2018. Service was made by Email. Document filed by Lewis P. Sassoon, Sassoon & Cymrot, LLP. (Magaliff, Howard) |
| Filing 2 CIVIL COVER SHEET filed. (Magaliff, Howard) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654425/2018. (Filing Fee $ 400.00, Receipt Number 0208-15540828).Document filed by Sassoon & Cymrot, LLP, Lewis P. Sassoon. (Attachments: #1 Exhibit Summons and Complaint Filed in State Court)(Magaliff, Howard) Modified on 9/10/2018 (jgo). |
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