Lipsitz v. Harel et al
| CHAIM LIPSITZ |
| SHNEIOR HAREL and NATALIE ABALLI |
| 1:2024cv00146 |
| January 8, 2024 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: granting #20 Letter Motion for Extension of Time to File Response/Reply re #20 LETTER MOTION for Extension of Time to File Response/Reply to Amended Complaint. addressed to Judge Analisa Torres from Kristen A. Bennett dated 02/22/2024. GRANTED. The parties' deadline to submit a proposed case management plan and joint letter, see ECF No. 14, is ADJOURNED to March 28, 2024. SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2024) (ama)
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| Set/Reset Deadlines: Natalie Aballi answer due 3/21/2024; Shneior Harel answer due 3/21/2024. (ama) |
| Filing 20 LETTER MOTION for Extension of Time to File Response/Reply to Amended Complaint addressed to Judge Analisa Torres from Kristen A. Bennett dated 02/22/2024. Document filed by Natalie Aballi, Shneior Harel..(Bennett, Kristen) |
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Filing 19
MEMO ENDORSED ORDER granting #18 Motion for Extension of Time. ENDORSEMENT: GRANTED. The parties are reminded that, in accordance with Section LC of the Court's Individual Rules, all future extension requests shall be made by letter motion. SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (vfr)
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| Filing 18 JOINT MOTION for Extension of Time of Deadline. Document filed by Natalie Aballi, Shneior Harel..(Bennett, Kristen) |
| Filing 17 AMENDED COMPLAINT against Natalie Aballi, Shneior Harel.Document filed by Chaim Lipsitz..(Heller, Alan) |
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Filing 16
ORDER terminating #11 Letter Motion to Stay re: #11 LETTER MOTION to Stay re: #6 MOTION to Dismiss the Complaint. /Reject Defendants' Motion to Dismiss filing addressed to Judge Analisa Torres from Alan A. Heller dated January 17, 2024. On January 10, 2024, the Court ordered Plaintiff to advise the Court if he seeks to contest removal by January 17, 2024. ECF No. 3. The Court received two letters from Plaintiff prior to this deadline, ECF Nos. 9, 11, and neither indicated that he contests removal. Accordingly, the Court shall enter its initial pretrial scheduling order. The Clerk of Court is directed to terminate the motion at ECF No. 11. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2024) (tg)
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Filing 15
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by March 8, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by March 8, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2024) (tg)
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Filing 14
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by March 8, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. As further set forth by this Order. (Signed by Judge Analisa Torres on 1/18/2024) (tg)
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Filing 13
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2024) (tg)
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Filing 12
ORDER denying without prejudice to renewal #6 Motion to Dismiss. On January 16, 2024, Defendants filed a pre-motion letter requesting to file a motion to dismiss, ECF No. 5, their motion to dismiss the complaint, ECF No. 6, and a counterclaim against Plaintiff, ECF No. 7. Defendants' letter does not comply with the Court's Individual Rules, which require a party seeking to move to dismiss to exchange letters with opposing counsel prior to filing a pre-motion letter with the Court. See Individual Rules IV(B); see also ECF Nos. 9-10 (confirming that this exchange did not occur). Defendants also filed their motion to dismiss without waiting for the Court to review and rule on their pre-motion letter. Therefore, Defendants' letter request and motion to dismiss are DENIED without prejudice to refiling. Regarding the counterclaim, counterclaims must be stated in a pleading. Fed. R. Civ. P. 13(a), (b), (e). A motion to dismiss is not a pleading, see Fed. R. Civ. P. 7(a) (listing pleadings), and "a party may not file a standalone counterclaim as its own pleading," Russian School of Mathematics, Inc. v. Sinyavin, No. 23 Civ. 8103, 2023 WL 6938294, at *4 (S.D.N.Y. Oct. 19, 2023). The counterclaim is, therefore, DISMISSED without prejudice to renewal. By January 31, 2024, Defendant shall answer or otherwise respond to the complaint in accordance with the Court's Individual Rules. The Clerk of Court is directed to terminate the motion at ECF No. 6. SO ORDERED. (Signed by Judge Analisa Torres on 1/17/2024) (jca)
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| Filing 11 LETTER MOTION to Stay re: #6 MOTION to Dismiss the Complaint. /Reject Defendants' Motion to Dismiss filing addressed to Judge Analisa Torres from Alan A. Heller dated January 17, 2024. Document filed by Chaim Lipsitz..(Heller, Alan) |
| Filing 10 LETTER addressed to Judge Analisa Torres from Kristen A. Bennett dated January 17, 2024 re: response to Plaintiff's Counsel letter ECF No. 9. Document filed by Natalie Aballi, Shneior Harel..(Bennett, Kristen) |
| Filing 9 LETTER addressed to Judge Analisa Torres from Alan A. Heller dated January 17, 2024 re: In response to Defendants counsel letter filed under ECF# 5. Document filed by Chaim Lipsitz..(Heller, Alan) |
| Filing 8 NOTICE OF APPEARANCE by Alan Avery Heller on behalf of Chaim Lipsitz..(Heller, Alan) |
| Set/Reset Deadlines: Natalie Aballi answer due 1/31/2024; Shneior Harel answer due 1/31/2024. (jca) |
| Filing 7 COUNTERCLAIM against Chaim Lipsitz.Document filed by Shneior Harel..(Bennett, Kristen) |
| Filing 6 MOTION to Dismiss the Complaint. Document filed by Natalie Aballi, Shneior Harel. (Attachments: #1 Exhibit A - Purchase and Sale Agreement, #2 Exhibit B - Resignation Letter).(Bennett, Kristen) |
| Filing 5 LETTER addressed to Judge Analisa Torres from Kristen A. Bennett dated January 16, 2024 re: Motion to Dismiss Complaint. Document filed by Natalie Aballi, Shneior Harel..(Bennett, Kristen) |
| Filing 4 CERTIFICATE OF SERVICE of Courts January 10, 2024 Order served on Plaintiff's counsel, Alan Heller, Esq. on 01/10/2024. Document filed by Natalie Aballi, Shneior Harel..(Bennett, Kristen) |
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Filing 3
ORDER: On January 8, 2024, Defendants removed this case from Supreme Court, New York County. See ECF No. 1. Accordingly, by January 17, 2024, Plaintiff shall file a letter informing the Court whether he seeks to contest removal. Defendants shall serve this order on Plaintiff and file proof of service on the docket by January 12, 2024. SO ORDERED. (Signed by Judge Analisa Torres on 1/10/2024) (vfr)
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| Filing 2 CIVIL COVER SHEET filed..(Bennett, Kristen) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kristen Ann Bennett. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,500,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Kristen Ann Bennett. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kristen Ann Bennett. The party information for the following party/parties has been modified: CHAIM LIPSITZ; SHNEIOR HAREL; NATALIE ABALLI. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 161780/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28783955).Document filed by NATALIE ABALLI, SHNEIOR HAREL. (Attachments: #1 Exhibit A - Declaration of Harel and Aballi, #2 Exhibit B - State court filings).(Bennett, Kristen) |
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