Rostami v. Open Props, Inc. et al
| Romein Rostami |
| Open Props, Inc., Adi Sideman, Yonatan Sela, Ben Perper and Eran Kalmanson |
| 1:2022cv03326 |
| April 24, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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Filing 46
REPLY MEMORANDUM OF LAW in Support re: #33 FIRST MOTION to Dismiss . . Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Cohen, Joanna)
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Filing 45
RULE 26 DISCLOSURE.Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to File Response/Reply re #43 LETTER MOTION for Extension of Time to File Response/Reply as to #35 Memorandum of Law in Support of Motion, #34 Declaration in Support of Motion,, #42 Response in Opposition to Motion, #33 FIRST MOTION to Dismiss . . Application granted. Replies due by 9/2/2022. (Signed by Judge Ronnie Abrams on 8/17/2022) (ate)
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Filing 43
LETTER MOTION for Extension of Time to File Response/Reply as to #35 Memorandum of Law in Support of Motion, #34 Declaration in Support of Motion,, #42 Response in Opposition to Motion, #33 FIRST MOTION to Dismiss . addressed to Judge Ronnie Abrams from John B. Horgan dated August 16, 2022. Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Cohen, Joanna)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Yamina-Sarah Chekroun to RE-FILE Document #39 MOTION for Disclosure . Use the event type Rule 26 Disclosure found under the event list Discovery Documents. (db)
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Filing 42
RESPONSE in Opposition to Motion re: #33 FIRST MOTION to Dismiss . . Document filed by Romein Rostami..(Fischer, Matthew)
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Filing 41
RULE 26 DISCLOSURE.Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Cohen, Joanna)
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Filing 40
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Open Props, Inc...(Cohen, Joanna)
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Filing 39
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Disclosure . Document filed by Romein Rostami..(Chekroun, Yamina-Sarah) Modified on 8/16/2022 (db).
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Filing 38
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is to be tried to a jury. No additional parties may be joined after November 30, 2022, without leave of the Court. No amendments to the pleadings may be made after December 31, 2022, without leave of the Court. Depositions shall be completed by May 15, 2023. The Court will conduct a post-fact-discovery conference on May 19, 2023 at 10:00 a.m. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Counsel for the parties propose the following alternative dispute resolution mechanism for this case: Retention of a private mediator. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order. Amended Pleadings due by 12/31/2022. Joinder of Parties due by 11/30/2022. Expert Deposition due by 6/30/2023. Fact Discovery due by 5/15/2023. Expert Discovery due by 6/30/2023. Discovery due by 6/30/2023. Estimate length of trial 3 weeks. Telephone Conference set for 5/19/2023 at 10:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/22/2022) (tg)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 7/22/2022. (arc)
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Filing 37
ORDER: granting #36 Letter Motion for Extension of Time to File Response/Reply re #36 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #33 FIRST MOTION to Dismiss. addressed to Judge Ronnie Abrams from Matthew M. Fischer dated 07/20/2022. Application Granted. SO ORDERED. Responses due by 8/11/2022. (Signed by Judge Ronnie Abrams on 7/21/2022) (ama)
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Filing 36
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #33 FIRST MOTION to Dismiss . addressed to Judge Ronnie Abrams from Matthew M. Fischer dated 07/20/2022. Document filed by Romein Rostami..(Fischer, Matthew)
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Filing 35
MEMORANDUM OF LAW in Support re: #33 FIRST MOTION to Dismiss . . Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Cohen, Joanna)
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Filing 34
DECLARATION of John B. Horgan in Support re: #33 FIRST MOTION to Dismiss .. Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela. (Attachments: #1 Exhibit Exhibit A - SAFT, #2 Exhibit Exhibit B - PPM, #3 Exhibit Exhibit C - September 20, 2017 Blog Post, #4 Exhibit Exhibit D - September 26, 2017 Blog Post, #5 Exhibit Exhibit E - November 16, 2017 Blog Post, #6 Exhibit Exhibit F - February 28, 2019 Blog Post, #7 Exhibit Exhibit G - August 12, 2021 Blog Post).(Cohen, Joanna)
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Filing 33
FIRST MOTION to Dismiss . Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Cohen, Joanna)
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Filing 32
JOINT LETTER addressed to Judge Ronnie Abrams from Counsel for All Parties dated July 15, 2022 re: Compliance with Initial Conference Order (Dkt. 20). Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Horgan, John)
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Filing 31
PROPOSED CASE MANAGEMENT PLAN. Document filed by Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Horgan, John)
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Filing 30
NOTICE OF APPEARANCE by Joanna Rebecca Cohen on behalf of Eran Kalmanson, Open Props, Inc., Ben Perper, Adi Sideman, Yonatan Sela..(Cohen, Joanna)
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Filing 29
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND CONTINUING INITIAL CONFERENCE AND ASSOCIATED DEADLINES: THEREFORE, based on the foregoing, the Parties hereby stipulate, and respectfully request the Court to order, as follows: 1. Defendants shall respond to the Complaint on or before July 18, 2022; 2. The initial status conference scheduled for June 24, 2022, shall be continued, along with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules, to be rescheduled as the Court determines to be appropriate; and the submission of a joint letter and proposed case management plan and scheduling order by the Parties set for June 17, 2022, shall likewise be deferred. Application granted. The initial conference scheduled for June 24, 2022 is hereby adjourned to July 22, 2022 at 11:30 a.m. Unless the parties request otherwise, this conference will be held via telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. The parties' joint letter and proposed case management plan shall be filed on or before July 15, 2022. SO ORDERED. Motions terminated: #28 FIRST MOTION for Extension of Time TO RESPOND TO COMPLAINT AND CONTINUING INITIAL CONFERENCE AND ASSOCIATED DEADLINES. filed by Romein Rostami.Eran Kalmanson answer due 7/18/2022; Open Props, Inc. answer due 7/18/2022; Ben Perper answer due 7/18/2022; Adi Sideman answer due 7/18/2022; Yonatan Sela answer due 7/18/2022.( Initial Conference set for 7/22/2022 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/9/2022) (tg)
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Filing 28
FIRST MOTION for Extension of Time TO RESPOND TO COMPLAINT AND CONTINUING INITIAL CONFERENCE AND ASSOCIATED DEADLINES. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. Yonatan Sela waiver sent on 5/11/2022, answer due 7/11/2022. Document filed by Romein Rostami..(Fischer, Matthew)
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Filing 26
WAIVER OF SERVICE RETURNED EXECUTED. Adi Sideman waiver sent on 5/11/2022, answer due 7/11/2022. Document filed by Romein Rostami..(Fischer, Matthew)
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Filing 25
AFFIDAVIT OF SERVICE. Ben Perper served on 5/16/2022, answer due 6/6/2022. Service was made by MAIL. Document filed by Romein Rostami., AFFIDAVIT OF SERVICE of Summons and Complaint served on Ben Perper on 05/16/2022. Service was made by MAIL. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 24
AFFIDAVIT OF SERVICE. Open Props, Inc. served on 5/11/2022, answer due 7/11/2022. Service was accepted by Robin Hutt-Banks. Document filed by Romein Rostami., AFFIDAVIT OF SERVICE of Summons and Complaint served on OPEN PROPS INC on May 11 2022. Service was accepted by Robin Hutt-Banks. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 23
AFFIDAVIT OF SERVICE of Summons and Complaint served on Eran Kalmanson on May 4 2022. Service was accepted by Madeline Doe. Document filed by Romein Rostami., AFFIDAVIT OF SERVICE. Eran Kalmanson served on 5/4/2022, answer due 5/25/2022. Service was accepted by Madeline Doe. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 22
ORDER granting #21 Motion for Matthew M. Fischer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Matthew M. Fischer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 21
MOTION for Matthew M. Fischer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Romein Rostami. (Attachments: #1 Affidavit of Matthew M. Fischer, #2 Text of Proposed Order Granting Motion for Admission).(Fischer, Matthew)
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Filing 20
ORDER AND NOTICE OF INITIAL CONFERENCE: Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Plaintiff is directed to serve Defendants with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED. Initial Conference set for 6/24/2022 at 12:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 5/10/2022) (tg)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Open Props, Inc...(lal)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Ben Perper..(lal)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Adi Sideman..(lal)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Yonatan Sela..(lal)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Eran Kalmanson..(lal)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yamina-Sarah Chekroun to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'As to' docket entry text was omitted;ECF Docket Entry Error, enter the party name as to whom summons is to be issued for. 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. (lal)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Open Props, Inc., re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Ben Perper, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 12
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah) Modified on 4/28/2022 (lal).
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Adi Sideman, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Yonatan Sela, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Eran Kalmanson, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yamina-Sarah Chekroun to RE-FILE Document No. #8 Request for Issuance of Summons, #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #4 Request for Issuance of Summons, #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name spelling listed on Summons PDF does not correspond to pleading caption. 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. (lal)
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Filing 8
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Adi Sideman, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah) Modified on 4/27/2022 (lal).
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Yonatan Sela, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah) Modified on 4/27/2022 (lal).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Matthew M. Fischer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26051773. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida (850-488-0125); Supreme Court of Texas (512-463-1312);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Ben Perper, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Open Props, Inc., re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Eran Kalmanson, re: #1 Complaint. Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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Filing 3
MOTION for Matthew M. Fischer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26051773. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Romein Rostami. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Fischer, Matthew)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yamina-Sarah Chekroun. The party information for the following party/parties has been modified: Benjamin Perper. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (gp)
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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..(gp)
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Magistrate Judge Sarah L. Cave 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. (gp)
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Case Designated ECF. (gp)
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Filing 2
CIVIL COVER SHEET filed..(Chekroun, Yamina-Sarah)
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Filing 1
COMPLAINT against Eran Kalmanson, Open Props, Inc., Benjamin Perper, Yonatan Sela, Adi Sideman. (Filing Fee $ 402.00, Receipt Number ANYSDC-26049372)Document filed by Romein Rostami..(Chekroun, Yamina-Sarah)
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