Benthos Master Fund, Ltd. v. Etra et al
| Benthos Master Fund, Ltd. |
| Aaron Etra and Jane Doe |
| 1:2018cv09401 |
| October 15, 2018 |
| US District Court for the Southern District of New York |
| Deborah A Batts |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 11, 2018. A more recent docket listing may be available from PACER.
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| Filing 29 LETTER addressed to Judge Deborah A. Batts from Steven R. Popofsky dated December 11, 2018 re: Reply to Respondent Etra's Letter Dated December 9 (Dkt. 28). Document filed by Benthos Master Fund, Ltd..(Bromberg, Joshua) |
| Filing 28 LETTER addressed to Judge Deborah A. Batts from David S. Hammer dated December 9, 2018 re: Compliance with Court Orders. Document filed by Aaron Etra.(Hammer, David) |
| Filing 27 LETTER addressed to Judge Deborah A. Batts from David S. Hammer dated December 6, 2018 re: Document Production. Document filed by Aaron Etra.(Hammer, David) |
| Filing 26 LETTER addressed to Judge Deborah A. Batts from Steven R. Popofsky dated December 4, 2018 re: Response to Court Order (Dkt. #23). Document filed by Benthos Master Fund, Ltd..(Popofsky, Steven) |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/15/18 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) |
| Filing 24 TRANSCRIPT of Proceedings re: CONFERNECE held on 11/15/2018 before Judge Deborah A. Batts. Court Reporter/Transcriber: Pamela Utter, (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 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019.(McGuirk, Kelly) |
Filing 23
ORDER: Within 10 days of the date of this Order, Plaintiff shall inform the Court of the specific information Plaintiff in good faith believes to be missing from Mr. Etra's submission such that he is not in compliance with this Court's October 19th Order. (Signed by Judge Deborah A. Batts on 11/29/2018) (rro)
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| Filing 22 LETTER addressed to Judge Deborah A. Batts from David S. Hammer dated November 28, 2018 re: Benthos Contempt Motion. Document filed by Aaron Etra.(Hammer, David) |
| Filing 21 LETTER addressed to Judge Deborah A. Batts from Steven R. Popofsky dated November 27, 2018 re: Response to Opposition to Motion for Contempt and Sanctions. Document filed by Benthos Master Fund, Ltd..(Popofsky, Steven) |
| Filing 20 DECLARATION of David S. Hammer in Opposition re: #15 MOTION To Find Respondent Aaron Etra In Civil Contempt And Award Sanctions .. Document filed by Aaron Etra. (Hammer, David) |
| Filing 19 NOTICE OF APPEARANCE by David Saul Hammer on behalf of Aaron Etra. (Hammer, David) |
| Filing 18 AFFIDAVIT OF SERVICE of Notice of Motion for Contempt and Sanctions, Declaration of Joshua K Bromberg and Exhibits A-K; Memorandum of Law in Support served on Respondents Aaron Etra and Tracy Evans on November 20, 2018. Document filed by Benthos Master Fund, Ltd.. (Bromberg, Joshua) |
| Filing 17 MEMORANDUM OF LAW in Support re: #15 MOTION To Find Respondent Aaron Etra In Civil Contempt And Award Sanctions . . Document filed by Benthos Master Fund, Ltd.. (Bromberg, Joshua) |
| Filing 16 DECLARATION of Joshua Kallman Bromberg in Support re: #15 MOTION To Find Respondent Aaron Etra In Civil Contempt And Award Sanctions .. Document filed by Benthos Master Fund, Ltd.. (Attachments: #1 Exhibit A (Transcript of November 15, 2018 Hearing), #2 Exhibit B (Evans Responses to Order to Show Cause), #3 Exhibit C (November 19, 2018 8:44 AM email from Respondent Aaron Etra), #4 Exhibit D (Attachment to Ex. C - Responses to Order to Show Cause), #5 Exhibit E (Attachments to Ex. C - Purported Wire Instructions and Confirmations), #6 Exhibit F (Attachment to Ex. C- Email Compilation), #7 Exhibit G (Evans Responses to Order to Show Cause), #8 Exhibit H (Evans Responses to Order to Show Cause), #9 Exhibit I (November 19, 2018 9:52 AM Email from Petitioner's Counsel), #10 Exhibit J (November 19, 2018 10:44 AM Email from Respondent Aaron Etra), #11 Exhibit K (November 20, 2018 1:15 AM Email from Respondent Aaron Etra))(Bromberg, Joshua) |
| Filing 15 MOTION To Find Respondent Aaron Etra In Civil Contempt And Award Sanctions . Document filed by Benthos Master Fund, Ltd..(Bromberg, Joshua) |
| Filing 14 LETTER addressed to Judge Deborah A. Batts from Tracy Evans, dated 11/14/18 re: Defendant Tracy Evans submits this letter in response to Benthos' Order to Show Cause for Arbitration filed in this Court; and he/she requests that the Court dismiss this case because he/she is not a party to the contract with Benthos Master Fund and, if not dismissed, order an in camera hearing on the documents before any private contracts or contract information is distributed. Document filed by Jane Doe.(sc) |
| Minute Entry for proceedings held before Judge Deborah A. Batts: Show Cause Hearing held on 11/15/2018. Plaintiff is to submit a motion for civil contempt. Defendants to reply within 5 days or they are waiving response. See Transcript. (Court Reporter Pamela Utter) (kwi) |
| Filing 12 AFFIDAVIT OF SERVICE of Letter from Steven R. Popofsky to the Honorable Deborah A. Batts (Dkt. 11) served on Respondents Aaron Etra and Tracy Evans on October 29, 2018. Document filed by Benthos Master Fund, Ltd.. (Bromberg, Joshua) |
| Filing 11 LETTER addressed to Judge Deborah A. Batts from Steven R. Popofsky dated October 29, 2018 re: the Court's Order Dated October 19, 2018 (Dkt. 8). Document filed by Benthos Master Fund, Ltd..(Bromberg, Joshua) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Steven Richard Popofsky for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Petition (Other) to: caseopenings@nysd.uscourts.gov. (pne) |
| Filing 10 AFFIDAVIT OF SERVICE of Letter from Steven R. Popofsky to the Honorable Deborah A. Batts dated October 19, 2018 (Dkt. 9) served on Respondents Aaron Etra and Tracy Evans on October 19, 2018. Document filed by Benthos Master Fund, Ltd.. (Bromberg, Joshua) |
| Filing 9 LETTER addressed to Judge Deborah A. Batts from Steven R. Popofsky dated October 19, 2018 re: the Court's Order Dated October 19, 2018 (Dkt. 8). Document filed by Benthos Master Fund, Ltd..(Bromberg, Joshua) |
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Filing 8
ORDER: Defendants seek an adjournment of the Preliminary Injunction hearing from October 25, 2018 in order to obtain counsel. Plaintiff's counsel opposes. The Temporary Restraining Order is extended until November 15, 2018 at 2:30 p.m., at which time the Preliminary Injunction hearing shall go forward. Defendants shall obtain counsel prepared to proceed on November 15, 2018, or the case shall proceed with Defendants pro se. Defendants shall submit all information ordered in the Temporary Restraining Order on or before Friday, October 26, 2018 at 5:00 p.m. The Temporary Restraining Order restraining Defendants from removing or transferring any additional funds remains in full effect until November 15, 2018 at 2:30 p.m. SO ORDERED. (Show Cause Hearing set for 11/15/2018 at 02:30 PM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 10/19/2018) (rro)
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| Filing 7 AFFIDAVIT OF SERVICE of Letter from Steven R. Popofsky to the Honorable Deborah A. Batts (Dkt. 6) served on Respondents Aaron Etra and Tracy Evans on October 18, 2018. Document filed by Benthos Master Fund, Ltd.. (Bromberg, Joshua) |
| Filing 6 LETTER addressed to Judge Deborah A. Batts from Steven R. Popofsky dated October 18, 2018 re: Response to Respondent Tracy Evans' Adjournment Request. Document filed by Benthos Master Fund, Ltd..(Bromberg, Joshua) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #4 Order to Show Cause,,,, dated 10/15/2018, from Judge P. Kevin Castel, received $4,000.00 from Benthos Master Fund Ltd. Receipt Number 465401220781 on 10/17/2018. (cla) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #4 Order to Show Cause dated 10/15/18, from Judge P. Kevin Castel, received $4,000.00 from Benthos Master Fund Ltd. Receipt Number 465401220781 on 10/17/18. (jom) |
| Filing 5 LETTER addressed to Judge Deborah A. Batts from Tracy Evans, dated 10/17/18 re: EXTENSION OF TIME REQUEST. Document filed by Jane Doe.(sc) |
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Filing 4
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Respondents Aaron Etra and Jane Doe, a/k/a "Tracy Evans" show cause before the Honorable Deborah A. Batts, in Courtroom 24B, 500 Pearl Street, New York, New York, on October 25 at 2:00 PM or as soon thereafter as counsel can be heard, why an order should not be entered granting Petitioner Benthos Master Fund Ltd. ("Petitioner") a preliminary injunction, pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure, Section 7502(c) of the New York Civil Practice Law and Rules and the Court's inherent powers (as further set forth in this Order.) Security in the amount of $4,000 will be posted by Oct 17 at 5pm. IT IS FURTHER ORDERED that answering papers if any shall be served by 5 pm October 22, 2018 with a courtesy to Judge Batt's Chambers. Show Cause Hearing set for 10/25/2018 at 02:00 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. (Signed by Part 1 Judge P. Kevin Castel on 10/15/2018) (cf) Modified on 10/19/2018 (cf).
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Filing 3
AFFIDAVIT OF SERVICE of Order to Show Cause signed by Judge P. Kevin Castel on October 15, 2018 at 4:47 p.m. and supporting papers, served on Respondents Aaron Etra and Jane Doe a/k/a "Tracy Evans" on October 16, 2018. Document filed by Benthos Master Fund, Ltd.. (Bromberg, Joshua)
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| Filing 2 CIVIL COVER SHEET filed. (jgo) (pne). |
| Filing 1 PETITION FOR PRELIMINARY INJUNCTIVE RELIEF IN AID OF ARBITRATION. (Filing Fee $ 400.00, Receipt Number 465401220472).Document filed by Benthos Master Fund, Ltd..(jgo) (pne). |
| Case Designated ECF. (jgo) |
| Magistrate Judge Debra C. Freeman 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. (jgo) |
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