Gran Sabana Corporation N.V. v. Kossoff
| Gran Sabana Corporation N.V. |
| Mitchell H. Kossoff |
| Albert Togut |
| 1:2021cv03154 |
| April 12, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Robert W Lehrburger |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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Filing 35
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Initial Pretrial Conference proceeding held on 9/9/2021 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... (va)
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Filing 34
TRANSCRIPT of Proceedings re: Remote Initial Pretrial Conference held on 9/9/2021 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/21/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/29/2021. (va)
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Filing 33
CLERK'S CERTIFICATE OF DEFAULT as to Mitchell H. Kossoff.(km)
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Filing 32
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/22/2021 (km).
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Filing 31
DECLARATION of Carolina A. Fornos in Support re: #30 Proposed Clerk's Certificate of Default. Document filed by Gran Sabana Corporation N.V.. (Attachments: #1 Exhibit A- Request for Clerk's Certificate of Default).(Fornos, Carolina)
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/21/2021 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Carolina Fornos. RE-FILE Document No. #30 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) of the person who accepted service for the party(ies). The defendant's name needs to be added to the clerk's certificate where it says a copy of the summons and complaint was served on defendant _______ by personally serving ________. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 9/9/2021 at 9:30 a.m. (rsh)
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Filing 29
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Carolina A. Fornos dated 8/31/2021 re: Status of Case. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 28
NOTICE of Hearing: Due to a scheduling conflict, the Initial Pretrial Conference has been rescheduled for 9/9/2021 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger.(rsh)
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Filing 27
NOTICE of Hearing: Initial Pretrial Conference set for 9/7/2021 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at https://www.nysd.uscourts.gov/hon-robert-w-lehrburger.(rsh)
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Filing 26
MEMORANDUM OPINION & ORDER: For the foregoing reasons, Kossoff's motion to stay is denied without prejudice. By separate order, this action will be referred to Magistrate Judge Robert Lehrburger for general pretrial supervision. Judge Lehrburger, in his discretion, is authorized to "tailor discovery to avoid undue prejudice," Lamarco, 2018 WL 2103208, at *5, or to adopt other measures necessary to safeguard Kossoffs rights, while also bearing in mind Gran Sabana's "interests...in proceeding expeditiously," Transworld, 886 F. Supp. at 1139. Kossoff's deadline to answer or otherwise respond to the complaint is sua sponte extended for an additional thirty days from the date of this order. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/17/2021) (rj)
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Filing 25
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/17/2021) (rj)
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Filing 24
LETTER addressed to Judge Ronnie Abrams from Carolina A. Fornos dated 7/19/2021 re: Status of Case. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 23
MEMORANDUM OF LAW in Opposition re: #22 Order,, Set Deadlines, #21 Proposed Order,, . Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 22
ORDER: The Court is in receipt of Defendant's motion for a stay of this proceeding pending the outcome of criminal investigations of Defendant and the bankruptcy proceeding of Kossoff PLLC, which is styled as a proposed order to show cause for a temporary restraining order and preliminary injunction. See Dkt. 21. Plaintiff is directed to respond no later than July 9, 2021., (Responses due by 7/9/2021) (Signed by Judge Ronnie Abrams on 7/1/2021) (nb)
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Filing 21
PROPOSED ORDER. Document filed by Mitchell H. Kossoff. (Attachments: #1 Affidavit Declaration in support of Motion for Stay, #2 Exhibit Ex. A to Declaration - Complaint, #3 Exhibit Ex. B to Declaration - Search Warrant, #4 Exhibit Ex. C to Declaration - Declaration of W. Mack, #5 Exhibit Ex. D to Declaration - Summons, #6 Exhibit Ex. E to Declaration - Bankruptcy Order) Related Document Number: #1 ..(Skoczen, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 20
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Mitchell H. Kossoff. (Attachments: #1 Affidavit Declaration in support of Motion for Stay) Related Document Number: #1 ..(Skoczen, Christopher) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt)
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Filing 19
NOTICE OF APPEARANCE by Neil Berger on behalf of Albert Togut..(Berger, Neil)
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by Gran Sabana Corporation N.V. ENDORSEMENT: Defendant's request for an extension of time until June 30, 2021 to respond to the complaint is granted. The parties are directed to submit another status update on or before July 19, 2021. SO ORDERED. SO ORDERED. Mitchell H. Kossoff answer due 6/30/2021. (Signed by Judge Ronnie Abrams on 5/21/2021) (mml)
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Filing 17
LETTER addressed to Judge Ronnie Abrams from Carolina A. Fornos dated 5/19/2021 re: Status of action. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 16
NOTICE OF APPEARANCE by Aaron Michael Barham on behalf of Mitchell H. Kossoff..(Barham, Aaron)
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Filing 15
NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Mitchell H. Kossoff..(Skoczen, Christopher)
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Filing 14
ORDER FOR PRELIMINARY INJUNCTION AND EXPEDITED DISCOVERY: NOW, THEREFORE, IN LIGHT OF THE FOREGOING, IT IS HEREBY ORDERED that, sufficient cause having been shown, pending the disposition of this action, Kossoff shall be preliminarily enjoined as follows: (1) Enjoining Kosoff's use of any bank accounts owned or controlled by him at Chase Bank, Valley Bank, and Signature Bank which may contain the Escrow Funds or evidence of where the Escrow Funds were transferred; (2) Enjoining Kossoff from transferring, dissipating or otherwise disposing of any of his assets or Gran Sabana's Escrow Funds wherever they are located and whether directly or indirectly controlled by Kossoff at this time. ORDERED that, sufficient cause having been shown, pending the disposition of this action, bank accounts owned or controlled by Kossoff at J.P. Morgan Chase Bank, Valley National Bank, Signature Bank, or any other bank which may contain the Escrow Funds or evidence of where the Escrow Funds were transferred, be frozen, except for Kossoff PLLC accounts; ORDERED that, Plaintiff having shown good cause for seeking expedited discovery under the circumstances of this case, see Ayyash v. Bank Al-Madina, 233 F.R.D. 325, 327 (S.D.N.Y. 2005), Gran Sabana's request for limited expedited discovery pursuant to Fed. R. Civ. P. 26(d) is GRANTED, and Gran Sabana is permitted to issue: a. Subpoenas to J.P. Morgan Chase Bank, Valley National Bank, and Signature Bank for the purpose of identifying all accounts owned or controlled by Kossoff and obtaining bank records of those accounts, including but not limited to, records of wire transfers to or from Kossoff's accounts from 2018 to the present and identification of any assets Kossoff may have to satisfy a judgment; b. To the extent the subpoena responses to the aforementioned banks identify additional accounts or locations of assets, supplemental subpoenas to trace the funds or assets; c. Subpoena to Julia McNally, bookkeeper at Kossoff, PLLC, for testimony relating to the current location of escrow funds. ORDERED, that Gran Sabana is not required to provide an undertaking in support of this preliminary injunction. Plaintiff shall file an update on the status of this litigation no later than May 19, 2021. (Signed by Judge Ronnie Abrams on 4/19/2021) (rj)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 4/16/2021. (Court Reporter Michael McDaniel) (arc)
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Filing 13
DECLARATION of Carolina A. Fornos re: #11 Order to Show Cause,,,,,,,,,,,,,,,,, . Document filed by Gran Sabana Corporation N.V.. (Attachments: #1 Exhibit A - Email corrispondence with Defendant dated 4/13/2021, #2 Exhibit B - Email corrispondence with Defendant dated 4/12/2021, #3 Exhibit C - Email corrispondence with Defendant dated 4/15/2021).(Fornos, Carolina)
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Filing 12
AFFIDAVIT OF SERVICE of Signed Order to Show Cause served on Mitchell H. Kossoff on 4/15/2021. Service was accepted by Mr. Fausto (Doorman). Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 11
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY: It is hereby ORDERED, that the above-captioned Defendant Mitchell H. Kossoff ("Kossoff") show cause before a motion term of this Court, via teleconference on Friday, April 16, 2021, at 1:00 p.m., why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure during the pendency of this action: (1) Enjoining Kossoff's use of any bank accounts owned or controlled by him at Chase Bank, Valley Bank, and Signature Bank which may contain the Escrow Funds or evidence of where the Escrow Funds were transferred; (2) Freezing the aforementioned accounts at Chase Bank, Valley Bank, and Signature Bank which may contain the Escrow Funds or evidence of where the Escrow Funds were transferred; (3) Granting such other and further relief as the Court may deem just and proper. The hearing will be held by telephone. The parties may access the conference using the following information: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. ORDERED that, sufficient cause having been shown, pending the hearing of plaintiff's application for a preliminary injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, Kossoff be restrained and enjoined as follows: (1) Restraining Kossoff from transferring, dissipating or otherwise disposing of any of his assets or Gran Sabana's Escrow Funds wherever they are located and whether directly or indirectly controlled by Kossoff at this time. ORDERED, that Kossoff be directed to turn over and/or disclose where the Escrow Funds are held or have been transferred to; ORDERED, that bank accounts owned or controlled by him at Chase Bank, Valley Bank, and Signature Bank which may contain the Escrow Funds or evidence of where the Escrow Funds were transferred be frozen; ORDERED that, Plaintiff having shown good cause for seeking expedited discovery under the circumstances of this case, see Ayyash v. Bank Al-Madina, 233 F.R.D. 325, 327 (S.D.N.Y. 2005), Gran Sabana's request for limited expedited discovery pursuant to Fed. R. Civ. P. 26(d) is GRANTED, and Gran Sabana is permitted to issue: a. subpoenas to Chase Bank, Valley National Bank, and Signature Bank for the purpose of identifying all accounts owned or controlled by Kossoff and obtaining bank records of those accounts, including but not limited to, records of wire transfers to or from Kossoff's accounts from 2018 to the present and identification of any assets Kossoff may have to satisfy a judgment; b. to the extent the subpoena responses to these banks identify additional accounts or locations of assets, supplemental subpoenas to trace the funds or assets; c. subpoenas to Kossoff, PLLC to seek all Escrow Account banking records, including information on bank accounts owned or controlled by Kossoff; d. Subpoena to Julia McNally, bookkeeper at Kossoff, PLLC for testimony relating to the disappearance of escrow funds. ORDERED that the Plaintiff is not required to provide an undertaking in support of the restraining order; and it is further ORDERED that a copy of this Order be served upon Kossoff or his respective counsel (once counsel is identified) via personal service either at his home or place of employment and via business and personal email addresses, and/or via any other method allowed under the rules on or before Thursday, April 15, 2021 at 5:00 p.m. which shall be deemed good and sufficient service of this order; ORDERED that Plaintiff email the above-referenced Declarations, Memorandum of Law and Complaint, upon Kossoff or his respective counsel (once counsel is identified) by Thursday, April 15, 2021 at 5:00 p.m.; ORDERED that Plaintiff email the above-referenced Declarations, Memorandum of Law and Complaint, and this Order, upon known business associates of Kossoff by Thursday, April 15, 2021 at 5:00 p.m. ORDERED that Plaintiff file a Proof of Service of the above-referenced Order, Declarations, Memorandum of Law and Complaint by Thursday, April 15, 2021 at 5:00 p.m., Show Cause Hearing set for 4/16/2021 at 01:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/14/2021) (rj)
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Filing 10
SUMMONS RETURNED EXECUTED. Mitchell H. Kossoff served on 4/12/2021, answer due 5/3/2021. Service was accepted by Kevin Fernandez (Doorman). Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 4/14/2021. (arc)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Mitchell H. Kossoff..(pc)
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Filing 8
MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 7
DECLARATION of Giorgio Angelini re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 6
DECLARATION of Carolina A. Fornos re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 5
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Mitchell H. Kossoff, re: #1 Complaint. Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Filing 2
CIVIL COVER SHEET filed..(Fornos, Carolina)
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Filing 1
COMPLAINT against Mitchell H. Kossoff. (Filing Fee $ 402.00, Receipt Number ANYSDC-24385132)Document filed by Gran Sabana Corporation N.V...(Fornos, Carolina)
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Magistrate Judge Robert W. Lehrburger 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
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Case Designated ECF. (pc)
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