Totin v. HF Realty Services Inc. et al
| Brian Totin |
| Howard Feingold, HF Realty Services Inc. doing business as Best Apartments North, Inc. and Omar Scott |
| 1:2021cv00096 |
| January 4, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
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This docket was last retrieved on March 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 MEMO ENDORSEMENT re: #17 Letter,, filed by Brian Totin. ENDORSEMENT: The Court is in receipt of Plaintiff's February 22, 2021 letter seeking to require Defendants to post a bond pursuant to Local Civil Rule 54.2 (Dkt. #16), as well as Defendant's March 1, 2021 letter in opposition (Dkt. #17). The Court would like to discuss Plaintiff's request at the initial pretrial conference, currently scheduled for April 2, 2021. (See Dkt. #5). Accordingly, the Court holds Plaintiff's request in abeyance until that time. Defense counsel is reminded to comply with the Local Civil Rules, including those applicable to interacting with pro se litigants. Furthermore, the Court expects that defense counsel has already explained to Defendants the inadvisability of dissipating assets to attempt to render oneself judgment-proof. (Signed by Judge Katherine Polk Failla on 3/2/2021) (nb) |
| Filing 17 LETTER addressed to Judge Katherine Polk Failla from B. Totin, dated 3/1/21 re: Attached is the decision in Matter of DOS v. Howard Feingold and Best Apartments North Inc., 395 DOS 19. In that matter HF Defendants were accused of violating a consent order, failed to appear at the first hearing etc. Ultimately a bond is necessary where there is evidence that a party may not fulfill its potential obligations to the moving party. The HF Defendants have previously been found by a Court to have not fulfilled their obligations to the state authorities that licenses them etc. Document filed by Brian Totin.(sc) |
| Filing 16 LETTER addressed to Judge Katherine Polk Failla from B. Totin dated 2/22/21 re: The plaintiff submits this letter requesting a pre-motion conference concerning the plaintiff 's proposed motion to require defendants HF Realty Services Inc. d/b/a Best Apartments North, Inc. and Howard Feingold("Feingold," Best and Feingold collectively, the "HF Defendants") to post an original cash bond with the Court for costs pursuant to Local Civil Rule 54.2 etc. To put it simply, a bond is necessary to prevent the HF Defendants from dissipating or otherwise making their assets unreachable, as Feingold stated they would by the time the Court awards costs. Therefore, I respectfully request that the HF Defendants be required to deposit a cash bond for costs pursuant to Local Civil Rule 54.2 with the Court in the amount of $40,000. Document filed by Brian Totin.(sc) |
| Filing 15 DECLARATION OF SERVICE of Request for Clerk's Certificate of Default, Affirmation in Support of Request for Certificate of Default, and Proposed Clerk's Certificate of Default served on Omar Scott on 2/11/21. Service was made by Cert. Mail. Document filed by Brian Totin. (sc) |
| Filing 14 CLERK'S CERTIFICATE OF DEFAULT as to Omar Scott.(km) |
| Filing 13 AFFIRMATION of Brian Totin IN SUPPORT OF REQUEST FOR CLERK'S CERTIFICATE OF DEFAULT, re: #11 Remark. Document filed by Brian Totin. (sc) |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Brian Totin. (Attachments: #1 Affirmation Service).(sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 11 REQUEST FOR CLERK'S CERTIFICATE OF DEFAULT. Document filed by Brian Totin. (sc) |
| Filing 10 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Howard Feingold, HF Realty Services Inc...(Menhart, Eric) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HF Realty Services Inc...(Menhart, Eric) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. HF Realty Services Inc., served on 1/20/2021, answer due 2/10/2021. Service was accepted by Paul Gomez. Document filed by Brian Totin. (sc) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Howard Feingold, served on 1/20/2021, answer due 2/10/2021. Service was accepted by Paul Gomez, co-worker. Document filed by Brian Totin. (sc) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Omar Scott, served on 1/20/2021, answer due 2/10/2021. Service was accepted by Paul Gomez, co-worker. Document filed by Brian Totin. (sc) |
| Mailed a copy of #5 Order for Initial Pretrial Conference to Brian Totin at P.O. Box 230581, New York, NY 10023. (kh) |
Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: Initial Conference set for 4/2/2021 at 10:00 AM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/20/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Sarah Netburn 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case..(bcu) |
| Pro Se Payment of Fee Processed: $402.00 payment processed by the Finance Department on 1/8/2021, Receipt Number 465401271523. (jgl) |
| SUMMONS ISSUED as to Howard Feingold, HF Realty Services Inc., Omar Scott. (ok) |
| Filing 3 PROPOSED SUMMONS. Document filed by Brian Totin. (Attachments: #1 Exhibit, #2 Exhibit).(rdz) Modified on 1/8/2021 (rdz). |
| Filing 2 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (rdz) Modified on 1/8/2021 (rdz). |
| Filing 1 COMPLAINT against Howard Feingold, HF Realty Services Inc., Omar Scott. Document filed by Brian Totin..(rdz) Modified on 1/8/2021 (rdz). |
| Case Designated ECF. (rdz) Modified on 1/8/2021 (rdz). |
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