Kleinman v. Roc Capital Holdings LLC et al
Plaintiff: Abraham Kleinman
Defendant: Roc Capital Holdings LLC, Chaim Porges and Helena Porges
Case Number: 1:2022cv02566
Filed: March 29, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 2201 dj Declaratory Judgment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2022 Opinion or Order Filing 26 ORDER TO SHOW CAUSE FOR AN ORDER APPOINTING A TEMPORARY RECEIVER AND FOR EXPEDITED DISCOVERY: ORDERED that Defendants Roc Capital Holdings LLC, Chaim Porges, and Helena Porges show cause before the Honorable Andrew L. Carter Jr., United States District Judge, at Noon on June 16, 2022, or as soon thereafter as counsel may be heard, why an order should not be entered: As further set forth by this Order. Further, the Court grants the Porges Defendants' request for an extension of time to file an answer, and grants the motion to vacate the Certificate of Default. (Dkt. 16.) Defendants must respond to the Complaint by June 10, 2022. The Clerk of Court is directed to vacate the Certificate of Default as to Helena Porges and Chaim Porges at Dkt. 15, and is further directed to vacate the Certificate of Default as to Roc Capital Holdings LLC at Dkt. 20. Plaintiffs must serve their Order to Show Cause by May 16, 2022. Defendants must respond to the Order to Show Cause by June 1. Replies are then due by July 7. The Court will hold a telephonic hearing on June 16, 2022 at Noon. SO ORDERED. Motions terminated: #16 FIRST LETTER MOTION for Extension of Time to File Answer re: #15 Clerk's Certificate of Default and to vacate Clerk's entry of default addressed to Judge Andrew L. Carter, Jr. from Jeremy M. Doberman, Esq. dated April 25, 2022. filed by Chaim Porges, Helena Porges. ( Show Cause Response due by 6/1/2022.), Chaim Porges answer due 6/10/2022; Helena Porges answer due 6/10/2022; Roc Capital Holdings LLC answer due 6/10/2022. ( Telephone Conference set for 6/16/2022 at 12:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/11/2022) (tg)
May 4, 2022 Filing 25 LETTER addressed to Judge Andrew L. Carter, Jr. from Jeremy M. Doberman, Esq. dated May 4, 2022 re: Request for Court to decline to sign Plaintiff's proposed order to show cause or to hold a hearing upon its presentment. Document filed by Chaim Porges, Helena Porges..(Doberman, Jeremy)
May 4, 2022 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #21 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
May 3, 2022 Filing 24 MEMORANDUM OF LAW in Support re: #21 Proposed Order to Show Cause With Emergency Relief . Document filed by Abraham Kleinman..(Boroosan, Moshe)
May 3, 2022 Filing 23 DECLARATION of Moshe O. Boroosan in Support re: #21 Proposed Order to Show Cause With Emergency Relief. Document filed by Abraham Kleinman..(Boroosan, Moshe)
May 3, 2022 Filing 22 DECLARATION of Abraham Kleinman in Support re: #21 Proposed Order to Show Cause With Emergency Relief. Document filed by Abraham Kleinman. (Attachments: #1 Exhibit 1 - January 14 email thread, #2 Exhibit 2 - Wire from Mark Nussbaum to Jason Rebhun, #3 Exhibit 3 - Wire from Jason Rebhun to Riverside, #4 Exhibit 4 - 540 Note, #5 Exhibit 5 - 540 COJ, #6 Exhibit 6 - Iska Agreement, #7 Exhibit 7 - New Jersey Assignment, #8 Exhibit 8 - Settlement Statement for New Jersey Transaction, #9 Exhibit 9 - 675 Note, #10 Exhibit 10 - 675 COJ, #11 Exhibit 11 - 923 Note, #12 Exhibit 12 - Chicago Assignment, #13 Exhibit 13 - Demand Letter, #14 Exhibit 14 - Amended Operating Agreement_Bleubell Broad, #15 Exhibit 15 - Unanimous Written Consent_Bleubell Broad, #16 Exhibit 16 - Rebhun Opinion Letter (10-18-21), #17 Exhibit 17 - Rebhun Opinion Letter (01-13-21), #18 Exhibit 18 - Warranty Deeds, #19 Exhibit 19 - Transcript of Default_Chaim Porges, #20 Exhibit 20 - Transcript of Default_Helena Porges, #21 Exhibit 21 - Rebhun Affirmation (Collection Action), #22 Exhibit 22 - Porges Affirmation (Collection Action), #23 Exhibit 23 - Doberman Affirmation (Collection Action), #24 Exhibit 24 - Porges Affirmation (COJ Action), #25 Exhibit 25 - Rebhun Affirmation (COJ Action), #26 Exhibit 26 - Doberman Affirmation (COJ Action), #27 Exhibit 27 - Fraudulent Rent Rolls).(Boroosan, Moshe)
May 3, 2022 Filing 21 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Abraham Kleinman..(Boroosan, Moshe) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
April 26, 2022 Filing 20 Vacated as per Judge's Order dated 5/11/2022, Doc. # 26. CLERK'S CERTIFICATE OF DEFAULT as to Roc Capital Holdings LLC.(km) Modified on 5/11/2022 (tg).
April 26, 2022 Filing 19 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Moshe O. Boroosan dated April 26, 2022 re: #16 FIRST LETTER MOTION for Extension of Time to File Answer re: #15 Clerk's Certificate of Default and to vacate Clerk's entry of default addressed to Judge Andrew L. Carter, Jr. from Jeremy M. Doberman, Esq. dated April 25, 2022. . Document filed by Abraham Kleinman. (Attachments: #1 Exhibit A - April 20, 2022 email exchange).(Boroosan, Moshe)
April 26, 2022 Filing 18 DECLARATION of Moshe O. Boroosan in Support re: #17 Proposed Clerk's Certificate of Default. Document filed by Abraham Kleinman. (Attachments: #1 Request for Clerk's Default as to Roc Capital).(Boroosan, Moshe)
April 26, 2022 Filing 17 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abraham Kleinman..(Boroosan, Moshe) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/26/2022 (km).
April 25, 2022 Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer re: #15 Clerk's Certificate of Default and to vacate Clerk's entry of default addressed to Judge Andrew L. Carter, Jr. from Jeremy M. Doberman, Esq. dated April 25, 2022. Document filed by Chaim Porges, Helena Porges..(Doberman, Jeremy)
April 25, 2022 Filing 15 Vacated as per Judge's Order dated 5/11/2022, Doc. # 26. CLERK'S CERTIFICATE OF DEFAULT as to Helena Porges and Chaim Porges.(km) Modified on 5/11/2022 (tg).
April 24, 2022 Filing 14 DECLARATION of Moshe O. Boroosan, Esq. re: #13 Proposed Clerk's Certificate of Default as to defendants Chaim Porges and Helena Porges. Document filed by Abraham Kleinman. (Attachments: #1 Request for Clerk's Default).(Boroosan, Moshe)
April 24, 2022 Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abraham Kleinman..(Boroosan, Moshe) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/25/2022 (km).
April 6, 2022 Filing 12 AFFIDAVIT OF SERVICE of (i) Summons; (ii) Complaint w/ Exhibits; (iii) Civil Cover Sheet served on Helena Porges on 04/01/2022. Service was accepted by Helena Porges, Defendant. Document filed by Abraham Kleinman..(Boroosan, Moshe)
April 6, 2022 Filing 11 AFFIDAVIT OF SERVICE of (i) Summons; (ii) Complaint w/ Exhibits; (iii) Civil Cover Sheet served on Chaim Porges on 04/01/2022. Service was accepted by Chaim Porges, Defendant. Document filed by Abraham Kleinman..(Boroosan, Moshe)
April 4, 2022 Filing 10 SUMMONS RETURNED EXECUTED. Roc Capital Holdings LLC served on 4/4/2022, answer due 4/25/2022. Service was accepted by unknown. Document filed by Abraham Kleinman..(Boroosan, Moshe)
March 30, 2022 Filing 9 ELECTRONIC SUMMONS ISSUED as to Helena Porges. (vf)
March 30, 2022 Filing 8 ELECTRONIC SUMMONS ISSUED as to Chaim Porges. (vf)
March 30, 2022 Filing 7 ELECTRONIC SUMMONS ISSUED as to Roc Capital Holdings LLC. (vf)
March 30, 2022 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Helena Porges, re: #1 Complaint,,. Document filed by Abraham Kleinman..(Boroosan, Moshe)
March 30, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Chaim Porges, re: #1 Complaint,,. Document filed by Abraham Kleinman..(Boroosan, Moshe)
March 30, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Roc Capital Holdings LLC, re: #1 Complaint,,. Document filed by Abraham Kleinman..(Boroosan, Moshe)
March 30, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Moshe Ovadya Boroosan. The following case opening statistical information was erroneously selected/entered: Dollar Demand 923,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 924,000; the County code has been modified to XX Out of State. (vf)
March 30, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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)
March 30, 2022 Magistrate Judge Ona T. Wang 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)
March 30, 2022 Case Designated ECF. (vf)
March 30, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Moshe Ovadya Boroosan to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each Summons Request is filed as its own individual event. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
March 29, 2022 Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Roc Capital Holdings LLC, Chaim Porges, Helena Porges, re: #1 Complaint,,. Document filed by Abraham Kleinman. (Attachments: #1 Proposed Summons - Chaim Porges, #2 Proposed Summons - Helena Porges).(Boroosan, Moshe) Modified on 3/30/2022 (vf).
March 29, 2022 Filing 2 CIVIL COVER SHEET filed..(Boroosan, Moshe)
March 29, 2022 Filing 1 COMPLAINT against Chaim Porges, Helena Porges, Roc Capital Holdings LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25932438)Document filed by Abraham Kleinman. (Attachments: #1 Exhibit 1 - 923 Note, #2 Exhibit 2 - Bleubell Broad Operating Agreement dated 1/12/21, #3 Exhibit 3 - 675 Note, #4 Exhibit 4 - Confession of Judgment, #5 Exhibit 5 - Assignment of Interest dated 01/13/2021, #6 Exhibit 6 - Amended Operating Agreement_Bleubell Broad, #7 Exhibit 7 - Unanimous Written Consent of Members dated 10/18/2021, #8 Exhibit 8 - Opinion Letter dated 10/18/2021, #9 Exhibit 9 - Opinion Letter dated 01/13/2021, #10 Exhibit 10 - Letter from Porges' Counsel dated 3/16/2022).(Boroosan, Moshe)

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Plaintiff: Abraham Kleinman
Represented By: Moshe Ovadya Boroosan
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Defendant: Roc Capital Holdings LLC
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Defendant: Chaim Porges
Represented By: Jeremy Michael Doberman
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Defendant: Helena Porges
Represented By: Jeremy Michael Doberman
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