Applicant ARIDA, LLC
Case Number: 1:2019mc00522
Filed: November 14, 2019
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Other
Cause of Action: M 77 Application to have subpoena issued to person living in this district re: action in foreign cou
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Date Filed Document Text
February 1, 2022 Opinion or Order Filing 107 ORDER terminating 94 Motion for Local Rule 37.2 Conference; terminating 100 Motion for Local Rule 37.2 Conference. On June 21, 2021, this Court wrote as follows: "The time has come for Daniel Mishin to comply with the subpoenas which w ere served on him on or before December 10, 2019." (Opinion and Order of June 21, 2021; Doc 78.) The Court orders that respondents fully comply with the subpoenas, as modified by this Court, on or before March 1, 2022 and on or before March 1, 2022 file with the Court an affidavit of respondent Mishkin in his personal capacity and as CEO of June Homes, Inc. that all documents responsive to the subpoena have been produced. If either respondent claims that any document is protected by t he attorney-client privilege or is attorney work product, he or it shall produce a listing in full compliance with Local Civil Rule 26.2 by March 1, 2022, together with an affidavit or affidavits supporting the claim and a memorandum of law. FAILU RE TO FULLY COMPLY WITH THIS ORDER WILL SUBJECT THE DISOBEDIENT PERSON OR ENTITY TO THE FULL RANGE OF SANCTIONS UNDER RULE 37(b), FED. R. CIV. P., INCLUDING PUNISHMENT FOR CONTEMPT OF COURT. The Clerk shall terminate letter motions (Docs 94 & 100). SO ORDERED. (Signed by Judge P. Kevin Castel on 2/1/2022) (mml)
December 27, 2021 Opinion or Order Filing 99 PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/27/2021) (ama)
July 19, 2021 Opinion or Order Filing 92 ORDER: denying 81 Letter Motion to Stay re: 81 MOTION to Stay FOR A PARTIAL STAY OF DISCOVERY PENDING DETERMINATION OF HIS APPEAL OF THE DECEMBER 21, 2021 OPINION AND ORDER (ECF 65) AND JUNE 2, 2021 ORDER (ECF 78) DENYING HIS MOTION TO AMEND J UDGMENT UNDER RULE 59 (ECF 69). Considering all of the arguments advanced by Mishin and balancing the equities, Mishin's motion for a stay pending appeal (DE 81) is DENIED. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/19/2021) (ama)
July 16, 2021 Opinion or Order Filing 91 PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/16/2021) (ama)
June 22, 2021 Opinion or Order Filing 83 ORDER granting 80 Letter Motion for Local Rule 37.2 Conference. Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 6/22/2021) (va)
June 2, 2021 Opinion or Order Filing 78 OPINION AND ORDER: re: 68 MOTION to Amend/Correct 65 Memorandum & Opinion, DENYING THE MOTION TO VACATE THE EX PARTE §1782 DISCOVERY ORDER filed by Daniel Mishin, 76 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel filed by Finenergoinvest, LLC, Alexey Grachev, ARIDA, LLC, Earl Management LTD. Daniel Mishin's Rule 59 motion (Doc. 68) is DENIED. Applicants' letter motion (Doc. 76) is DENIED without prejudice. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/02/2021) (ama)
December 23, 2020 Opinion or Order Filing 66 ORDER ON SEALING denying without prejudice 30 Motion to Seal; denying without prejudice 51 Motion: Any future motion for sealing must identify the contents of the proposed redactions; explain whether the contents fall within the presumption of public access, and, if so, the weight to be afforded the presumption; and explain why redaction or sealing is narrowly tailored to serve a higher interest that outweighs a presumption of public access. The motions to file certain documents under seal and/or with redactions are denied without prejudice. The Clerk is directed to terminate the motions. (Docket # 30, 51.) (Signed by Judge P. Kevin Castel on 12/23/2020) (jwh)
December 21, 2020 Opinion or Order Filing 65 OPINION AND ORDER re: 13 MOTION to Vacate Ex Parte Order: The motion to vacate is DENIED, but the applicants' subpoenas are modified, as set forth above. The Clerk is directed to terminate the motion. (Docket # 13.) (Signed by Judge P. Kevin Castel on 12/21/2020) (jwh)
November 12, 2020 Opinion or Order Filing 59 ORDER: No later than November 20, 2020, the parties should file supplemental letter-briefs addressing the "for use" analysis set forth in In re: Application of Apostolos Mangouras, 17-3633 (2d Cir. Nov. 9, 2020), and Euromepa, S.A. v. R. Esmerian, Inc., 154 F.3d 24 (2d Cir. 1998). (Signed by Judge P. Kevin Castel on 11/12/2020) (jwh)
May 7, 2020 Opinion or Order Filing 50 ORDER: In a four-page, single-space letter with four additional pages of exhibits, respondent objects to the Court's (1) overly swift grant of leave to petitioner to file a sur-reply to respond to supplemental evidence submitted by responden t in a reply submission; and (2) failure to put a page limit on any sur-reply. Respondent fears that petitioner's sur-reply will be too fulsome. Application to reconsider DENIED. Respondents may file a sur-sur-reply fourteen days after the petitioner's sur-reply. The clients should rein in their lawyers, some or all of whom either need to develop a sense of proportionality or have too much time on their hands. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/7/2020) (jca)
January 30, 2020 Opinion or Order Filing 16 MEMO ENDORSEMENT with respect to 13 Motion to Vacate. ENDORSEMENT: The timing of the motion is governed by Local Civil Rule 6.1(b). (Signed by Judge P. Kevin Castel on 1/29/2020) (jwh)
December 11, 2019 Opinion or Order Filing 11 ORDER granting 10 Letter Motion to Stay; granting 10 Letter Motion for Extension of Time to File Response/Reply. Application granted, schedule approved. ( Responses due by 2/18/2020, Replies due by 2/28/2020.) (Signed by Judge P. Kevin Castel on 12/11/2019) (mro)
November 14, 2019 Opinion or Order Filing 8 ORDER GRANTING EX PARTE APPLICATION FOR JUDICIAL ASSISTANCE IN OBTAINING EVIDENCE FOR USE IN A FOREIGN PROCEEDING PURSUANT TO 28 U.S.C. 1782 re: 1 Motion for Discovery. The Application is GRANTED, as the Court finds that 28 U.S.C. 1782 confers jurisdiction on the Court to approve the issuance of discovery in this judicial district, and as further set forth in this Order. The Clerk shall terminate the motion (Doc. 1) (Signed by Judge P. Kevin Castel on 11/14/2019) (va)
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