Hindman LLC -v-Harry Mihaly et al
| 1:2021mc00452 |
| October 1, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Other |
| M 18-302 Registration of Foreign Judgment |
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The following documents for this case are available for you to view or download:
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Filing
65
ORDER: On December 14, 2022, the Court held a hearing at which counsel for plaintiff Hindman LLC and defendants Harry Mihaly and Yacov Ehrenreich, both with counsel, appeared to provide the Court a status update. At that hearing, the Court set a deadline of January 11, 2023, for a joint letter from the parties that alerts to the Court as to the status of document production, and if document production is complete, whether plaintiff assents to the purging of the defendants' contempt. Upon a court order purging defendants' contempt, the Court will then entertain an application from plaintiff for attorneys' fees, which will be due within two weeks, with any response from defendants due one week later. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/14/2022) (va)
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Filing
63
ORDER: The Court DENIES the application. All dates and deadlines in this case remain in place. These include the date, December 7, 2022, for Mr. Ehrenreich's deposition, which is to go forward as scheduled. In the event of a court ruling in the action brought by Mr. Ehrenreich in Illinois, of course, the Court, upon notice of such ruling, will reassess the schedule and status of this action. Plaintiffs counsel has indicated that he intends to question Mr. Mihaly about these questions and re quests at today's deposition, Dkt. 60, including, no doubt, seeking a clear and specific articulation of the answers to these questions and an identification of materials responsive to these requests that are in Mr. Mihaly's possession, cus tody, or control. Such questions areappropriate, and the Court expects Mr. Mihaly to be prepared to knowledgably answer them. Following the deposition, if defense counsel believes that there are good faith bases to object to the pending information a nd document subpoenas or parts therefore, defense counsel may so move in writing for appropriate relief. The Court will take up any such disputes at the next hearing scheduled in this matter, scheduled for December 14, 2022. Lastly, owing to a confli ct in the Court's schedule, the December 14, 2022 hearing, to be held in person in Courtroom 1305 at 40 Foley Square, New York, New York 10007, will now be held at 2:30pm, rather than 2pm. For avoidance of doubt, defendants Mihaly and Ehrenreich are both directed to appear in person at that hearing. And as set forth herein. SO ORDERED., ( Status Conference set for 12/14/2022 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/06/2022) (ama)
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Filing
54
ORDER: On November 17, 2022, the Court received objections from defendant Hany Mihaly to an information subpoena in this matter, on multiple grounds, including "prematureness" and "overbreadth." Dkt. 53-1. Plaintiff Hindma n LLC is ordered to respond to these objections by December 2, 2022. In that letter, counsel is advised to consider whether all information requests contained in the subpoena are necessary. The Court does not invite a reply. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/18/2022) (va)
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Filing
49
SEALED ARREST WARRANT: YOU ARE COMMANDED to arrest and bring before United States District Judge Paul A.Engelmayer on November 3, 2022, Harry Mihaly and Yacov Ehrenreich, who are in violation of this Court's order dated September 13, 2022. In executing this search warrant, you may not(1)forcibly enter a residence or domicile in which you have a reasonable belief Mihaly or Ehrenreich resides; or (2) detain either Mihaly or Ehrenreich overnight. On November 3, 2022, at Courtroom 1305 at 40 Foley Square, New York, NY 10007, each Mihaly and Ehrenreich must show cause why he should not be held in civil contempt for violating the Court's earlier orders dated October 22, 2021, January 3, 2022, April 18, 2022, and September 13, 2022. ***This document was previously filed under seal in envelope 45 and unsealed by docket entry 48*** (Signed by Judge Paul A. Engelmayer on 10/27/2022) (js)
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Filing
48
ORDER: On November 3, 2022, the Court held a conference in this matter, at which the Court unsealed the arrest warrant it issued for defendants Harry Mihaly and Yacov Ehrenreich. Accordingly, the Clerk of Court is respectfully directed to unseal the document at Docket 45. (Signed by Judge Paul A. Engelmayer on 11/3/2022) (ate)
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Filing
32
ORDER: Hindman is directed to serve this order, the Court's orders at dockets 16, 21, and 28, and all discovery demands on Mihaly and Yacov Ehremeich forthwith. They are to be served via mail, e-mail, and personally at all of the addresses listed in docket 31. Hindman is to file proof of such service on the docket within one week of such service. If, by 30 days after such service, Harry Mihaly and Yacov Ehremeich have failed to provide any discovery or attend any depositions, they each shall be fined $100 per day, payable to the Clerk of Court, until they provide the necessary written and deposition discovery. Mihaly and Yacov Ehremeich are also to pay the $3,148.42 in fees and costs Hindman incurred in ma king its motion to compel forthwith. If, by 60 days after service, a defendant has failed to respond, Hindman may move for further sanctions, and such defendant(s) will be ordered to show cause as to why additional sanctions are not warranted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/18/2022) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing
28
ORDER: The Court has granted Hindman's motion to compel Mihaly and Yacov Ehremeich to provide all demanded post-judgment discovery, Dkt. 16, and further ordered them to pay Hindman's attorneys' fees incurred in making the motion to compel, Dkt. 21. The Court has now received a motion from plaintiff Hindman LLC ("Hindman") to hold defendants Harry Mihaly and Yacov Ehremeich ("defendants") in contempt of court and impose further sanctions on each. Dkt. 25. Hindman argues that defendants have not obeyed either the Court's order to compel discovery or the Court's order that they pay Hindman's attorneys' fees. The Court directs Hindman to serve the defendants with their moving paper s, Dkts. 25-27, and this order, and to file proof of service on this docket forthwith. The Court directs defendants to submit any response by two weeks after such service is made. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/15/2022) (jca)
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Filing
21
ORDER: For the foregoing reasons, the Court therefore approves a fee award consisting of 8.5 hours of Yudin's time at $350 per hour, 0.4 hours of D'Orazio's time at $420 per hour, and $5.42 in costs. The sum total i s therefore $3,148.42. This order is to be served on Mihaly and Yacov Ehrenreich forthwith, with an affidavit of service promptly thereafter filed on the docket of this case. Payment shall be made within 45 days of this order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/3/2022) (va)
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Filing
11
ORDER: The Court accordingly denies Hindman's motion. This ruling is without prejudice to Hindman's right to move to compel the discovery at issue, and in the event of non-compliance, to pursue all appropriate remedies. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/1/2021) (va)
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