Heinrich v. Dean et al
| Mary Heinrich |
| Charles Yassim, Malayene Dean, Charles Yassin, Morgan Stanley Smith Barney, LLC, Horace M Barker, Citibank N.A. and John Does 1-10 |
| 1:2021cv10657 |
| December 13, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 43
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Domestic Holdings, Inc., whose parent company is Morgan Stanley Capital Management, LLC, whose sole member is Morgan Stanley for Morgan Stanley Smith Barney, LLC. Document filed by Morgan Stanley Smith Barney, LLC..(Kauff, Adam)
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Filing 42
NOTICE OF APPEARANCE by Adam Marcus Kauff on behalf of Horace M Barker, Morgan Stanley Smith Barney, LLC..(Kauff, Adam)
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Filing 41
JOINT LETTER addressed to Judge Valerie E. Caproni from Ted Semaya, Esq. dated February 10, 2022 re: Heinrich v. Dean, et al.. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust). (Attachments: #1 Proposed Civil Case Management Plan And Scheduling Order).(Lanter, Eric)
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Filing 40
AFFIDAVIT OF SERVICE of Summons, Complaint, Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A-2H, 3-12, l 3A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Citibank N.A. on February 8, 2022. Service was accepted by Jordan Sanchez. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Magistrate Judge Jennifer Willis is so redesignated. (laq)
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Filing 39
AFFIDAVIT OF SERVICE of Executed Summons for Horace M. Barker, Complaint (with Exhibit 1), Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A-2H, 3-12, 13A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Horace M. Barker on February 3, 2022. Service was accepted by Adam Kauff. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 38
AFFIRMATION of SERVICE . Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust). (Attachments: #1 Exhibit 1 - Dean Summons with Goidell Signature, #2 Exhibit 2 - Yassim Summons with Goidell Signature).(Lanter, Eric)
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Filing 37
STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION: Plaintiffs Mary Heinrich, as Trustee for the Catherine Butler Muzio Living Trust, (the "Catherine Trust"), as Trustee for the Leonard Muzio Living Trust (the "Leonard Trust") (said Trusts referred to hereinafter collectively as the "Trusts"), as Preliminary Executor for the Estate of Catherine Butler (a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio) (the "Estate" or the "Butler Estate"), and in her individual capacity (collectively, the "Plaintiffs") and Defendants Malayene Dean ("Dean") and Charles Yassim a/k/a Charles Yassin ("Yassim"), by their respective undersigned attorneys, hereby stipulate as follows: As further set forth by this Order. PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing scheduled for February 7, 2022 is CANCELED. (Signed by Judge Valerie E. Caproni on 2/2/2022) (tg)
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Filing 36
PROPOSED STIPULATION AND ORDER. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust). (Attachments: #1 Exhibit 1 - Affidavit Of Malayene Dean, #2 Exhibit 2 - Affidavit Of Charles Yassim, #3 Exhibit 3 - Declaration Of Diana Yassim).(Lanter, Eric)
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Transmission to Finance Unit (Cashiers). Transmitted re: #34 Temporary Restraining Order,,,,,,, to the Finance Unit (Cashiers) for case processing..(tg)
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Filing 35
ORDER: IT IS HEREBY ORDERED that the parties must confer regarding a stipulated order of attachment. If the parties are able to reach an agreement, they must submit a stipulated order to the Court by February 3, 2022. IT IS FURTHER ORDERED that, if, and only if, the parties do not reach an agreement, Defendants' opposition to Plaintiffs' motion for a preliminary injunction and order of attachment is due February 3, 2022. Plaintiff's reply is due February 4, 2022. The parties must appear for a hearing on February 7, 2022 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse. IT IS FURTHER ORDERED that the COVID protocols laid out in the Court's January 26, 2022 Order, see Dkt. 27, will remain in effect for the February 7, 2022 hearing. SO ORDERED. ( Responses due by 2/3/2022, Replies due by 2/4/2022., Status Conference set for 2/7/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/28/2022) (tg)
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Filing 34
AMENDED TEMPORARY RESTRAINING ORDER: Upon considering information provided orally during an ex parte conference on January 24, 2022 and a show cause hearing on January 28, 2022, and upon reading and filing the accompanying Emergency Declaration of Ted G. Semaya, Esq., Declaration of Mary Henrich, Declaration of Eric J. Lanter, Esq., Memorandum of Law in Support of Plaintiffs Motion for an Order of Attachment and Preliminary Injunction (with Temporary Restraining Order), and Summons and Complaint, with exhibits (the "Complaint"), setting forth all relevant facts required by law, from which Plaintiffs Mary Heinrich, as Trustee for the Catherine Butler Muzio Living Trust, (the "Catherine Trust"); as Trustee for the Leonard Muzio Living Trust (the "Leonard Trust") (said Trusts referred to hereinafter collectively as the "Trusts"); as Executor for the Estate of Catherine Butler (a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio) (the "Estate" or the "Butler Estate"), and Mary Heinrich in her individual capacity, by their attorneys, ("Plaintiffs"), allege that: As further set forth by this Order. IT IS HEREBY ORDERED that sufficient cause having been shown pursuant to the provisions of FRCP 65, pending the hearing of this application, Defendant Malayene Dean, her agents, representatives, assigns and all those acting in concert with her or on her behalf, are hereby enjoined, prohibited and restrained, as follows: As further set forth by this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/28/2022) (tg)
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Filing 33
TRO AND PRELIIMINARY INJUNCTION BOND, BOND #3494093 in the amount of $100,000.00 posted by Plaintiff.(km)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 1/28/2022. Attorneys Ted Semaya and Eric Lanter present for the plaintiff. Attorney Mark Goidell present for defendants Dean and Yassim. Court Reporter Pamela Utter present. (anc)
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Filing 32
AFFIDAVIT OF SERVICE of Summons, Complaint, Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A-2H, 3-12, l 3A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Citi Bank N.A. on January 27, 2022. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 31
AFFIDAVIT OF SERVICE of Summons, Complaint, Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A-2H, 3-12, l 3A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Morgan Stanley Smith Barney, LLC on January 27, 2022. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter, filed by Mary Heinrich. ENDORSEMENT: Application GRANTED. Plaintiff must post proof of the $100,000 bond by 2:00 p.m. on January 28, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/27/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
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Filing 29
LETTER addressed to Judge Valerie E. Caproni from Ted G. Semaya dated January 27, 2022 re: Order to Show Cause Returnable January 28, 2022, At 2:00pm. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Semaya, Ted)
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Filing 28
NOTICE OF APPEARANCE by Mark Elliot Goidell on behalf of Malayene Dean, Charles Yassim..(Goidell, Mark)
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Filing 27
ORDER: IT IS HEREBY ORDERED that this policy will be in effect for the show cause hearing scheduled for Friday, January 28, 2022 at 2:00 p.m. It applies to all parties, counsel, and Court staff who wish to speak without a mask. Counsel should make adequate preparations to comply with the requirements before arriving for the hearing, as the Court will not grant any delay because of this policy. Alternatively, if counsel or the parties do not wish to undergo testing, they may choose to remain masked at all times, including while speaking. IT IS FURTHER ORDERED that the Court has tests that can be made available to the parties and counsel free-of-charge provided that there is 24-hours' notice sent to covid_response@nysd.uscourts.gov; arrangement must be made to take the test at least one hour prior to the scheduled appearance time. Alternatively, counsel and parties may arrange to be tested away from the Courthouse. Only the following tests have been approved: As further set forth by this Order. Anyone wishing to remove his or her mask must provide the Court with proof that he or she has taken an approved test within the last 24 hours as to which the results were negative. Any questions regarding this order should be directed to covid_response@nysd.uscourts.gov. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/26/2022) (tg)
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Filing 24
AFFIDAVIT OF SERVICE of Complaint (with Exhibit 1), Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A-2H, 3-12, 13A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Ansanelli Law Group, LLP on January 25, 2022. Service was accepted by Caitlin. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 23
AFFIDAVIT OF SERVICE of Complaint (with Exhibit 1), Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A- 2H, 3-12, 13A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Charles Yassim a/k/a Charles Yassin on January 25, 2022. Service was accepted by Charles Yassim a/k/a Charles Yassin. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 22
AFFIDAVIT OF SERVICE of Complaint (with Exhibit 1), Order to Show Cause, Memorandum of Law, Declaration of Mary Heinrich (with Exhibits 1, 2A- 2H, 3-12, 13A-13H, 14-15), Declaration of Eric J. Lanter, and Declaration of Ted G. Semaya served on Malayene Dean on January 25, 2022. Service was accepted by Malayene Dean. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 21
MEMORANDUM OF LAW in Support re: #17 Proposed Order to Show Cause Without Emergency Relief,, . Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 20
DECLARATION of Eric J. Lanter in Support re: #17 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 19
DECLARATION of Ted G. Semaya in Support re: #17 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 18
DECLARATION of Mary Heinrich in Support re: #17 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust). (Attachments: #1 Exhibit 1 - Power Of Attorney, Dated September 17, 2015, #2 Exhibit 2A - 2014 Trust Statements, #3 Exhibit 2B - 2015 Trust Statements, #4 Exhibit 2C - 2016 Trust Statements, #5 Exhibit 2D - 2017 Trust Statements, #6 Exhibit 2E - 2018 Trust Statements, #7 Exhibit 2F - 2019 Trust Statements, #8 Exhibit 2G - 2020 Trust Statements, #9 Exhibit 2H - 2021 Trust Statements, #10 Exhibit 3A - Citi Checking Statements, #11 Exhibit 3B - Citi Checking Statements, #12 Exhibit 3C - Citi Checking Statements, #13 Exhibit 3D - Citi Checking Statements, #14 Exhibit 3E - Citi Checking Statements, #15 Exhibit 3F - Citi Checking Statements, #16 Exhibit 4 - Discarded Pre-Signed Checks, #17 Exhibit 5 - 27 Initial Checks With Stubs, #18 Exhibit 6 - 13 Checks Totaling $187,350.00, #19 Exhibit 7 - May 2014 - June 2014 Statements, #20 Exhibit 8 - Checks Amounting To $118,000, #21 Exhibit 9 - Allstate Annuity Redemption, #22 Exhibit 10 - Santander Checks, #23 Exhibit 11 - Checks Made Out To Dean, #24 Exhibit 12A - Checks Related To Charles, #25 Exhibit 12B - Checks Related To Charles, #26 Exhibit 13A-1 - 2014 CC Statements, #27 Exhibit 13A-2 - 2014 CC Statements, #28 Exhibit 13B-1 - 2015 CC Statements, #29 Exhibit 13B-2 - 2015 CC Statements, #30 Exhibit 13B-3 - 2015 CC Statements, #31 Exhibit 13C-1 - 2016 CC Statements, #32 Exhibit 13C-2 - 2016 CC Statements, #33 Exhibit 13C-3 - 2016 CC Statements, #34 Exhibit 13C-4 - 2016 CC Statements, #35 Exhibit 13C-5 - 2016 CC Statements, #36 Exhibit 13C-6 - 2016 CC Statements, #37 Exhibit 13C-7 - 2016 CC Statements, #38 Exhibit 13C-8 - 2016 CC Statements, #39 Exhibit 13D - 2017 CC Statements, #40 Exhibit 13E-1 - 2018 CC Statements, #41 Exhibit 13E-2 - 2018 CC Statements, #42 Exhibit 13F - 2019 CC Statements, #43 Exhibit 13G - 2020 CC Statements, #44 Exhibit 13H - 2021 CC Statements, #45 Exhibit 14 - Deed and Property Transfer of 33-69 172nd St., #46 Exhibit 15 - 130-06 Lefferts Blvd. Deed).(Lanter, Eric)
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Filing 17
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust). (Attachments: #1 Executed Order To Show Cause).(Lanter, Eric) 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 WITHOUT EMERGENCY RELIEF. Document No. #17 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney, LLC..(sj)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Citibank N.A...(sj)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Horace M Barker..(sj)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Charles Yassim..(sj)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Malayene Dean..(sj)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Ex Parte Telephone Conference held on 1/24/2022. Attorneys Eric Lanter and Ted Semaya present. Court Reporter Pamela Utter present. (anc)
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Filing 26
ORDER TO SHOW CAUSE FOR AN ORDER OF ATTACHMENT AND PRELIMINARY INJUNCTION (WITHTEMPORARY RESTRAINING ORDER): It is ORDERED, that Defendants Malayene Dean and Charles Yassim a/k/a Charles Yassin, or their attorneys, show cause before the Honorable Valerie E. Caproni, United States District Court Judge for the Southern District of New York, 40 Foley Square, Courtroom 443, New York, New York 10007 on January 28 2022, at 2:00 p.m., why an order, pursuant to Federal Rules of Civil Procedure ("FRCP") Rules 64 and 65, and New York Civil Practice Law and Rules ("CPLR") 6201 et seq., should not be entered: (a) granting Plaintiffs an order of attachment with respect to any and all property in which the Enterprise Defendants have an ownership interest; and as further set forth herein. ORDERED, that Plaintiffs must file proof of service by 9:00 a.m. on January 26,2022; and it is further ORDERED, that answering papers, if any, shall be filed and served by physical papers and/or email upon Plaintiffs' counsel, Offit Kurman, P.A., at their offices at 590 Madison Avenue, 6th Floor, New York, New York 10022, Attn: Ted G. Semaya, Esq. (tsemaya@offitkurman.com) and Eric J. Lanter, Esq. (eric.lanter@offitkurman.com) on or before 5:00 p.m. on January 26, 2022. SO ORDERED. (Show Cause Hearing set for 1/28/2022 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/24/2022) (anc)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Citbank N.A., re: #3 Complaint,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley Smith Barney, LLC, re: #3 Complaint,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Horace M. Barker, re: #3 Complaint,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Charles Yassim, re: #3 Complaint,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Malayene Dean, re: #3 Complaint,. Document filed by Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 25
EX PARTE ORDER: IT IS HEREBY ORDERED that Plaintiffs must appear for a telephonic ex parte hearing on Monday, January 24, 2022 at 3:00 p.m. Plaintiffs should appear for the conference by dialing 888-363-4749, using the access code 3121171 and the security code 0657. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/21/2022) (anc)
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Filing 6
NOTICE OF APPEARANCE by Ted Gary Semaya on behalf of Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Semaya, Ted)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 9202. Initial Conference set for 2/18/2022 at 02:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/15/2021) (tg)
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Filing 4
NOTICE OF APPEARANCE by Eric Joseph Lanter on behalf of Mary Heinrich(as Trustee for the Catherine Butler Muzio Living Trust), Mary Heinrich(as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio), Mary Heinrich(in her individual capacity), Mary Heinrich(as Trustee for the Leonard Muzio Living Trust)..(Lanter, Eric)
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Filing 3
COMPLAINT against Horace M Barker, Citibank N.A., Malayene Dean, John Does 1-10, Morgan Stanley Smith Barney, LLC, Charles Yassim. Document filed by Mary Heinrich, Mary Heinrich, Mary Heinrich, Mary Heinrich. (Attachments: #1 Exhibit 1 - Power of Attorney, Executed September 17, 2015).(Semaya, Ted)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ted Gary Semaya to RE-FILE re: Document No. #2 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; not all the 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 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. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ted Gary Semaya. The party information for the following party/parties has been modified: Horace M Barker, Citibank N.A., JOHN 1-10 DOES, Malayene Dean, Morgan Stanley Smith Barney, LLC, Charles Yassim, Mary Heinrich. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text entered incorrectly. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf)
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Magistrate Judge Kevin Nathaniel Fox 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. (vf)
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Case Designated ECF. (vf)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Horace M Barker, Citibank N.A., JOHN 1-10 DOES, Malayene Dean, Morgan Stanley Smith Barney, LLC, Charles Yassim. (Filing Fee $ 402.00, Receipt Number ANYSDC-25462914)Document filed by Mary Heinrich. (Attachments: #1 Exhibit 1 - Power of Attorney, Executed September 17, 2015).(Semaya, Ted) Modified on 12/14/2021 (vf).
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Filing 1
CIVIL COVER SHEET filed..(Semaya, Ted)
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