Stellar Beach Rentals, LLC et al v. Redstone Advance, Inc. et al
| Stellar Beach Rentals, LLC and John Kozak |
| Gavriel Yitzchakov, Simon Yitzchakov, Redstone Advance, Inc., Gabe Isaacov, Simon Isaacov, City Capital NY LLC doing business as Redstone Advance, Yoel Getter, Nair & Levin, P.C., John Does 1-10 and John Doe Investors 1-10 |
| 1:2023cv00955 |
| February 5, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 72
REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss by Defendants City Capital and Getter. . Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 71
REPLY MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss - Declaration and Exhibits. . Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 70
ORDER: granting #68 Letter Motion for Extension of Time to File. Application Granted. The City Defendants, as well Nair & Levin, P.C., shall file any reply to Plaintiff's opposition by August 31, 2023. The Clerk of Court is respectfully directed to close the motions at Doc.s 67 and 68. SO RDERED. (Signed by Judge Vernon S. Broderick on 8/01/2023) (ama)
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Filing 69
REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss . . Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Parsons, William)
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Set/Reset Deadlines: Replies due by 8/31/2023. (ama)
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Filing 68
FIRST LETTER MOTION for Extension of Time to File Reply on City Capital and Getter motion to dismiss addressed to Judge Vernon S. Broderick from Gabriel Mendelberg, Esq. dated July 31, 2023. Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 67
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #65 Memorandum of Law in Opposition to Motion, on consent, addressed to Judge Vernon S. Broderick from Christopher D. Skoczen dated July 31, 2023. Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 66
MEMORANDUM OF LAW in Opposition re: #49 MOTION to Dismiss by Defendants City Capital and Getter. . Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #48 MOTION to Dismiss Memorandum of Law., #46 MOTION to Dismiss ., #47 MOTION to Dismiss - Declaration and Exhibits. by Defendant Nair & Levin. Document filed by John Kozak, Stellar Beach Rentals, LLC. (Attachments: #1 Affidavit Declaration of John Kozak in Opposition).(Neuman, Jonathan)
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Filing 64
MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss . by RSA Defendants. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 63
PRELIMINARY INJUNCTION OPINION & ORDER: Given the foregoing, it is hereby:ORDERED that Defendants and all persons in active concert and participation with them are enjoined from issuing or maintaining any attachments or levies against any of Plaintiffs' bank accounts or over which Plaintiffs have signing authority; IT IS FURTHER ORDERED that Defendants and all persons in active concert and participation with them are enjoined from issuing or maintaining any liens, including any UCC liens, against any of Plaintiffs' assets or property or against any third parties holding property or assets on behalf of Plaintiffs, including but not limited to Plaintiffs' booking agents and payment processers; and IT IS FURTHER ORDERED that Defendants and all persons in active concert andparticipation with them are enjoined from using or maintaining any powers of attorney to affect any property or assets of Plaintiffs. The Clerk of Court is respectfully directed to apply the $1,000 bond previously posted in connection with the temporary restraining order to the preliminary injunction as a bond thereon. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/08/2023) (ama) Transmission to Finance Unit (Cashiers) for processing.
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Filing 62
ORDER granting #61 Letter Motion for Extension of Time to File Response/Reply re #61 LETTER MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss ., #49 MOTION to Dismiss by Defendants City Capital and Getter., #46 MOTION to Dismiss . addressed to Judge Vernon. APPLICATION GRANTED SO ORDERED. Plaintiffs shall oppose the motions to dismiss at Docs. 43, 46, and 49 by July 24, 2023. Moving Defendants shall file any reply to Plaintiffs' oppositions by August 1, 2023. Responses due by 7/24/2023 Replies due by 8/1/2023.. (Signed by Judge Vernon S. Broderick on 6/22/2023) (jca)
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Filing 61
LETTER MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss ., #49 MOTION to Dismiss by Defendants City Capital and Getter., #46 MOTION to Dismiss . addressed to Judge Vernon S. Broderick from Jonathan E. Neuman dated June 21, 2023. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 60
ORDER: granting #59 Letter Motion for Extension of Time. Application Granted. In light of the parties' request that discovery be stayed pending Defendants' answers I will hold my order to file a case management plan in abeyance pending the resolution of the motions to dismiss. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/16/2023) (ama)
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Filing 59
LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Christopher D. Skoczen dated June 15, 2023. Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 58
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 3/31/2023 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....(McGuirk, Kelly)
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Filing 57
TRANSCRIPT of Proceedings re: HEARING held on 3/31/2023 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 7/5/2023. Redacted Transcript Deadline set for 7/14/2023. Release of Transcript Restriction set for 9/11/2023..(McGuirk, Kelly)
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Filing 56
MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss . . Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 55
DECLARATION of Rachel Aghassi, Esq. in Support re: #46 MOTION to Dismiss .. Document filed by Nair & Levin, P.C.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Secured Merchant Agreement, #3 Exhibit Complaint - City Capital d/b/a Redstone Advance, #4 Exhibit Motion to Correct Name, #5 Exhibit Withdrawal of Action, #6 Exhibit Docket Sheet).(Skoczen, Christopher)
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Filing 54
FILING ERROR - DUPLICATE DOCKET ENTRY - MOTION to Dismiss . Document filed by Nair & Levin, P.C...(Skoczen, Christopher) Modified on 6/8/2023 (lb).
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Filing 53
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by June 15, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: As further set forth in this order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/8/2023) (ks)
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Filing 52
ORDER terminating #47 Motion to Dismiss; terminating #48 Motion to Dismiss. Docs. 47 and 48 are supporting papers that have been filed as motions. The Clerk of Court is therefore respectfully directed to terminate the motions at Docs. 47 and 48. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 6/8/2023) (ks)
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Filing 51
DECLARATION of Gabriel Mendelberg, Esq. in Support re: #49 MOTION to Dismiss by Defendants City Capital and Getter.. Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 50
MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss by Defendants City Capital and Getter. . Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 49
MOTION to Dismiss by Defendants City Capital and Getter. Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 48
MOTION to Dismiss Memorandum of Law. Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 47
MOTION to Dismiss - Declaration and Exhibits. Document filed by Nair & Levin, P.C.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Secured Merchant Agreement, #3 Exhibit Complaint and Writ, #4 Exhibit Motion to Correct Name of Plaintiff, #5 Exhibit Withdrawal of Action, #6 Exhibit Docket Sheet).(Skoczen, Christopher)
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Filing 46
MOTION to Dismiss . Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 45
MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss . . Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Parsons, William)
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Filing 44
DECLARATION of Will Parsons in Support re: #43 MOTION to Dismiss .. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov. (Attachments: #1 Exhibit A - September Agreement, #2 Exhibit A - Part 2 of 2, #3 Exhibit B - December Agreement, #4 Exhibit B - Part 2 of 2).(Parsons, William)
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Filing 43
MOTION to Dismiss . Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Parsons, William)
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Filing 42
ORDER granting #38 Letter Motion for Extension of Time to Answer re #38 LETTER MOTION for Extension of Time to File Answer by defendants City Capital NY and Getter addressed to Judge Vernon S. Broderick from Gabriel Mendelberg dated May 4, 2023., #1 Complaint. APPLICATION GRANTED. There have been numerous recent requests for extensions in this case. (See Docs. 36, 37, 38.) In the interest of facilitating the orderly disposition of this case, the deadline for all Defendants to respond to Plaintiffs' complaint is June 7, 2023. Parties are reminded that, pursuant to Rule 1.G of my Rules of Individual Practice, extensions may not be sought by stipulation. The Clerk of Court is respectfully directed to close the motion at Doc. 38. SO ORDERED. City Capital NY LLC answer due 6/7/2023; Gavriel Yitzchakov answer due 6/7/2023; Yoel Getter answer due 6/7/2023; John Doe Investors 1-10 answer due 6/7/2023; John Does 1-10 answer due 6/7/2023; Redstone Advance, Inc. answer due 6/7/2023. (Signed by Judge Vernon S. Broderick on 5/5/2023) (kv)
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Filing 41
ORDER granting #36 Letter Motion for Extension of Time. APPLICATION GRANTED. Defendants shall respond to Plaintiff's complaint by May 22, 2023. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/4/23) (rdz)
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Filing 40
ORDER granting #37 Letter Motion for Extension of Time. Application Granted. Defendant shall respond to Plaintiff's complaint by June 7, 2023. (Signed by Judge Vernon S. Broderick on 5/4/2023) (sac)
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Filing 39
PROPOSED STIPULATION AND ORDER. Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 38
LETTER MOTION for Extension of Time to File Answer by defendants City Capital NY and Getter addressed to Judge Vernon S. Broderick from Gabriel Mendelberg dated May 4, 2023. Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Set/Reset Deadlines: Nair & Levin, P.C. answer due 6/7/2023. (sac)
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Set/Reset Deadlines: Redstone Advance, Inc. answer due 5/22/2023. (rdz)
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Filing 37
LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Vernon S. Broderick from Christopher D. Skoczen dated May 3, 2023. Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 36
LETTER MOTION for Extension of Time to Respond to Plaintiff's Complaint addressed to Judge Vernon S. Broderick from Steven W. Wells dated May 3, 2023. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Wells, Steven)
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Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 3/31/2023. (Court Reporter Steve Greenblum) (ldi)
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Filing 35
REPLY MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by John Kozak, Stellar Beach Rentals, LLC. (Attachments: #1 Affidavit Reply Declaration of Plaintiff, #2 Affidavit Reply Declaration of Jonathan E. Neuman, #3 Exhibit Exhibit 5 - Emails re: UCC Liens, #4 Exhibit Exhibit 6 - Reconciliation Request, #5 Exhibit Exhibit 7 - BMF Advance Cases, #6 Exhibit Exhibit 8 - Redstone Advance Cases, #7 Exhibit Exhibit 9 - City Capital NY Cases, #8 Exhibit Exhibit 10 - Transcript from Collins v. MCA Receivables, #9 Exhibit Exhibit 11 - Connecticut PJR Case Docket).(Neuman, Jonathan)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Parsons, William)
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Filing 33
DECLARATION of Will Parsons in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov. (Attachments: #1 Exhibit A - Writ Summons and Complaint, #2 Exhibit B - Return of Service, #3 Exhibit C - Motion to Correct, #4 Exhibit D - Withdrawal of Action, #5 Exhibit E - Decision and Order).(Parsons, William)
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Filing 32
DECLARATION of Shimon Yitzchakov in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Yoel Getter, Redstone Advance, Inc., Simon Yitzchakov. (Attachments: #1 Exhibit D- Proof of Funding - August Agreement, #2 Exhibit E - Remittance History - August Agreement, #3 Exhibit F - Proof of Funding - September Agreement, #4 Exhibit G - Remittance History - September Agreement, #5 Exhibit H - Proof of Funding - December Agreement, #6 Exhibit I - Remittance History - December Agreement).(Parsons, William)
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Filing 31
DECLARATION of Shimon Yitzchakov in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov. (Attachments: #1 Exhibit C - December Agreement - 2 of 2).(Parsons, William)
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Filing 30
DECLARATION of Shimon Yitzchakov in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov. (Attachments: #1 Exhibit B - September Agreement).(Parsons, William)
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Filing 29
DECLARATION of Shimon Yitzchakov in Opposition re: #5 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov. (Attachments: #1 Exhibit A - August Agreement).(Parsons, William)
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Filing 28
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiffs Stellar Beach Rentals, LLC and John Kozak (collectively, "Plaintiffs") and defendants City Capital NY LLC and Yoel Getter (collectively, the "City Defendants"), as follows: 1. The City Defendants hereby acknowledge proper service of the summons and complaint and waive any and all defenses based on service of process. 2. The City Defendants shall have until May 8, 2023 to answer, move, or otherwise respond to the Complaint. 3. This stipulation may be executed in counterparts and via electronic signatures. APPLICATION GRANTED. SO ORDERED. City Capital NY LLC answer due 5/8/2023; Yoel Getter answer due 5/8/2023. (Signed by Judge Vernon S. Broderick on 3/16/2023) (vfr)
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Filing 27
PROPOSED STIPULATION AND ORDER. Document filed by City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 26
NOTICE OF APPEARANCE by Gabriel Mendelberg on behalf of Yoel Getter..(Mendelberg, Gabriel)
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Filing 25
NOTICE OF APPEARANCE by Gabriel Mendelberg on behalf of City Capital NY LLC..(Mendelberg, Gabriel)
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Filing 24
NOTICE OF APPEARANCE by Rachel Aghassi on behalf of Nair & Levin, P.C...(Aghassi, Rachel)
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to Answer re #22 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Vernon S. Broderick from Steven W. Wells dated March 8, 2023., #1 Complaint. APPLICATION GRANTED. Defendants shall respond to Plaintiffs' complaint by May 8, 2023. SO ORDERED. Gavriel Yitzchakov answer due 5/8/2023; Redstone Advance, Inc. answer due 5/8/2023; Simon Yitzchakov answer due 5/8/2023. (Signed by Judge Vernon S. Broderick on 3/9/2023) (kv)
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Filing 22
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Vernon S. Broderick from Steven W. Wells dated March 8, 2023. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Wells, Steven)
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Filing 21
ORDER granting #17 Letter Motion for Extension of Time; granting #19 Letter Motion for Extension of Time. Accordingly, it is hereby ORDERED that Defendant Nair & Levin, shall respond to Plaintiffs' complaint by May 8, 2023; and it is FURTHER ORDERED that the Redstone Defendants' time to oppose Plaintiffs' motion for a preliminary injunction is extended to March 17, 2023, and that Plaintiffs may file any response by March 24, 2023; and it is FURTHER ORDERED that the hearing currently scheduled for March 10, 2023, at 2 p.m. is adjourned to March 31, at 2 p.m. The Clerk of Court is respectfully directed to terminate the motions at Docs. 17 and 19. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/7/2023) (va)
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Set/Reset Deadlines: Nair & Levin, P.C. answer due 5/8/2023. Responses due by 3/17/2023. Replies due by 3/24/2023. (va)
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Set/Reset Hearings: Telephone Conference set for 3/31/2023 at 02:00 PM before Judge Vernon S. Broderick. (va)
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Filing 20
LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Jonathan E. Neuman dated 3/7/23 re: #17 LETTER MOTION for Extension of Time and two-week adjournment of preliminary injunction hearing addressed to Judge Vernon S. Broderick from Steven W. Wells dated March 7, 2023. . Document filed by John Kozak, Stellar Beach Rentals, LLC. (Attachments: #1 Exhibit Exhibit 1 - Defendants' Amended Connecticut Filing).(Neuman, Jonathan)
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Filing 19
LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Vernon S. Broderick from Christopher D. Skoczen dated March 7, 2023. Document filed by Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 18
NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Nair & Levin, P.C...(Skoczen, Christopher)
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Filing 17
LETTER MOTION for Extension of Time and two-week adjournment of preliminary injunction hearing addressed to Judge Vernon S. Broderick from Steven W. Wells dated March 7, 2023. Document filed by Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Wells, Steven)
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Filing 16
NOTICE OF APPEARANCE by William Parsons on behalf of Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Parsons, William)
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Filing 15
NOTICE OF APPEARANCE by Steven William Wells on behalf of Gavriel Yitzchakov, Redstone Advance, Inc., Simon Yitzchakov..(Wells, Steven)
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Filing 14
PROPOSED ORDER. Document filed by John Kozak, Stellar Beach Rentals, LLC. Related Document Number: #8 ..(Neuman, Jonathan) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (nd)
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Filing 13
ORDER denying #12 Letter Motion to Stay re: #12 LETTER MOTION to Stay re: #8 Order to Show Cause, Set Deadlines/Hearings, Modify TRO addressed to Judge Vernon S. Broderick from Jonathan E. Neuman dated 3/1/23. APPLICATION DENIED. I granted Plaintiffs' requested temporary restraining order ("TRO") on February 7, 2023. (Doc.8.) No expiration date was set for that TRO, which accordingly, and in the absence of any application for an extension, expired after 14 days after entry pursuant to Fed. R. Civ. P. 65(b)(2). Accordingly, there is no active TRO to modify. If Plaintiffs wish to modify the scope of relief granted in any preliminary injunction, they may file a proposed preliminary injunction in advance of the March 10 hearing on their motion for a preliminary injunction. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 3/2/2023) (kv)
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Filing 12
LETTER MOTION to Stay re: #8 Order to Show Cause,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,, Modify TRO addressed to Judge Vernon S. Broderick from Jonathan E. Neuman dated 3/1/23. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 11
AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Documents, Summons and Complaint served on Redstone Advance, Inc., Gavriel Yitzchakov a/k/a Gabe Isaacov, Simon Yitzchakov a/k/a Simon Isaacov, City Capital NY LLC d/b/a Redstone Advance, Yoel Getter, Nair & Levin, P.C. on 2/14/23. Service was accepted by Mitch Levin, Attorney for Defendants. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 10
AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Documents served on Wells Fargo Bank, N.A. on 2/13/23. Service was accepted by Armando Ramos, Branch Manager. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 9
AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Documents served on Truist Bank on 2/13/23. Service was accepted by Daniel Holstein, Relationship Banker. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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CASHIERS OFFICE REGISTRY DEPOSIT as per #8 Order to Show Cause, Set Deadlines/Hearings, dated 2/7/2023, from Judge Vernon S. Broderick, received $1,000.00 from John Kozak Receipt Number NYSCCA23-00147 on 2/9/2023. (cde)
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Filing 8
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: Accordingly, it is hereby: ORDERED that Defendants show cause before this Court on March 10, 2023, at 2:00 p.m., (the March 10 Conference) by telephone conference to be held at 1-888-363-4749, conference code 2682448, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Fed. R. Civ. P. 65 enjoining Defendants during the pendency of this action or further order from this Court from attaching or levying against any of Plaintiffs bank accounts or bank accounts over which Plaintiffs have signing authority, including but not limited to the Wells Fargo accounts ending in 6979 and 1831; the Truist Bank accounts ending in 9032, 3112, 0445, 7503, 9778, and 9484; and the Bank of America account ending in 7527; IT IS FURTHER ORDERED that, sufficient reason having been shown, pending the hearing of Plaintiffs application for a preliminary injunction, pursuant to Fed. R. Civ. P. 65, the Defendants are temporarily restrained and enjoined from issuing any levies or writs of attachment against any of Plaintiffs bank accounts or accounts over which Plaintiffs have signing authority, including but not limited to the Wells Fargo accounts ending in 6979 and 1831; the Truist Bank accounts ending in 9032, 3112, 0445, 7503, 9778, and 9484; and the Bank of America account ending in 7527; IT IS FURTHER ORDERED that Defendants shall file any opposition to Plaintiffs request for a Preliminary Injunction by February 24, 2023. The Respondent Banks may file any papers in response to Plaintiffs papers by that date as well. Any response by the Respondent Banks shall state if the bank in question expects to participate in the March 10 Conference. Any reply by Plaintiffs to papers filed by Defendants or the Respondent Banks shall be filed by March 3, 2023; IT IS FURTHER ORDERED that security in the amount of $1,000.00 be posted by Plaintiffs by February 9, 2023; and IT IS FURTHER ORDERED that Plaintiffs shall serve a copy of this Order and the supporting documents upon which it is based upon Defendants and the Respondent Banks or their counsel by process server by February 17, 2023, and file proof of service on the docket. The Clerk of Court is respectfully directed to terminate the motion at Doc. 5. SO ORDERED. (Responses due by 2/24/2023, Replies due by 3/3/2023., Telephone Conference set for 3/10/2023 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 2/7/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing 7
ELECTRONIC SUMMONS ISSUED as to City Capital NY LLC, Gavriel Yitzchakov, Yoel Getter, Nair & Levin, P.C., Redstone Advance, Inc., Simon Yitzchakov. (vf)
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Filing 6
CIVIL COVER SHEET filed..(Neuman, Jonathan)
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Filing 5
EMERGENCY MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by John Kozak, Stellar Beach Rentals, LLC. (Attachments: #1 Affidavit Declaration of Jonathan Neuman in Support of Emergency Motion, #2 Affidavit Declaration of Plaintiffs in Support, #3 Exhibit Exhibit 1 - First MCA Agreement, #4 Exhibit Exhibit 2 - Second MCA Agreement, #5 Exhibit Exhibit 3 - Third MCA Agreement, #6 Exhibit Exhibit 4 - Complaint).(Neuman, Jonathan) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Ellery Neuman. The party information for the following party/parties has been modified: City Capital NY LLC, NAIR & LEVIN, P.C, Gavriel Yitchakov, Simon Yitzchakov. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; alias party name was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jonathan Ellery Neuman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct. The 2nd page of Form is not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 Jennifer Willis 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 4
REQUEST FOR ISSUANCE OF SUMMONS as to REDSTONE ADVANCE, INC., GAVRIEL YITZCHAKOV a/k/a GABE ISAACOV, SIMON YITZCHAKOV a/k/a SIMON ISAACOV, CITY CAPITAL NY LLC D/B/A REDSTONE ADVANCE, YOEL GETTER, NAIR & LEVIN, P.C., re: #1 Complaint,. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Neuman, Jonathan) Modified on 2/6/2023 (vf).
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Filing 1
COMPLAINT against City Capital NY LLC, Yoel Getter, John Doe Investors 1-10, John Does 1-10, NAIR & LEVIN, P.C., Redstone Advance, Inc., Gavriel Yitchakov, Simon Yitzchakov. (Filing Fee $ 402.00, Receipt Number ANYSDC-27297594)Document filed by John Kozak, Stellar Beach Rentals, LLC..(Neuman, Jonathan)
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