Gross v. Derhagopian
Plaintiff: Felicia Gross
Defendant: David Derhagopian
Case Number: 7:2018cv03579
Filed: April 23, 2018
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Westchester
Presiding Judge: Kenneth M. Karas
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 9, 2023 Opinion or Order Filing 116 CLERK'S JUDGMENT re: 115 Memorandum & Opinion in favor of David Derhagopian against Felicia Gross, Kenneth Gross. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 8, 2023, Defendant's motion for summary judgment (ECF No. 99) is GRANTED, and the action is dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 3/9/2023) (Attachments: # 1 Right to Appeal) (km)
March 8, 2023 Opinion or Order Filing 115 OPINION AND ORDER re: 99 MOTION for Summary Judgment Notice of Motion. filed by David Derhagopian. For the foregoing reasons, Defendant's motion for summary judgment (ECF No. 99) is GRANTED, and the action is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment in favor of Defendant. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 3/8/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
April 20, 2021 Opinion or Order Filing 96 ORDER: The briefing schedule for Defendant's motion for summary judgment set forth in the Court's March 19, 2021 Order (ECF No. 89) is hereby extended as follows: Defendant is to serve and file his moving papers by May 3, 2021; Plai ntiffs are to serve and file their opposition by June 2, 2021; and Defendant is to serve and file his reply by June 14, 2021. If Plaintiffs decide to file a cross-motion for summary judgment, the briefing schedule is hereby extended as follows: Defendant is to serve and file his moving papers by May 3, 2021; Plaintiffs are to serve a single brief containing their opposition to the motion and their cross-motion by June 2, 2021; o Defendant is to serve and file a single brief containing h is reply in further support of his motion and his opposition to Plaintiffs' cross-motion by July 2, 2021; and Plaintiffs are to serve and file their reply in further support of their cross-motion by July 23, 2021., (Brief due by 7/2/2021., Cross Motions due by 5/3/2021., Motions due by 5/3/2021., Responses due by 6/2/2021, Replies due by 7/23/2021.) (Signed by Magistrate Judge Andrew E. Krause on 4/20/2021) (nb)
March 15, 2021 Opinion or Order Filing 87 ORDER: The Court has reviewed the parties' recent submissions, see ECF Nos. 83-86, and it is clear that a conference is necessary to address the next steps in this matter. Accordingly, a telephonic status conference is hereby scheduled for Fr iday, March 19, 2021, at 11:00 a.m. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700#; and (3) press pound (#) to enter the teleconference as a guest. Shoul d counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. As for the issue of direct communication between counsel for Plaintiffs and the Defendant, the Court is not prepared at this time to wade into questions of Florida law regarding trusts and/or whether there are any issues presented by Mr. Ackal's representation of Mr. Derhagopian individually and as trustee of the Trust for purposes of this litigation. It is clear that M r. Derhagopian is a represented party in this matter, and Mr. Ackal has reported that this representation encompasses both Mr. Derhagopian in his individual capacity and in his capacity as trustee of the Trust. Based on that assertion, should Plain tiffs' counsel wish to communicate with Mr. Derhagopian in either of these capacities between now and the March 19, 2021 conference, those communications may only be made through counsel. If necessary, the Court will hear further argument on t his issue at the status conference, but at this stage of the litigation, this appears to be an ancillary issue that should not interfere with the completion of discovery and the setting of a schedule for summary judgment motions. The parties are ther efore ordered to meet and confer by telephonenot merely by exchanging letters and/or emailsno later than Wednesday, March 17, 2021 to discuss this issue further, and are strongly encouraged to resolve the issue without significant further expenditure of time or resources., (Telephone Conference set for 3/19/2021 at 11:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 3/15/2021) (nb)
January 19, 2021 Opinion or Order Filing 79 ORDER: In accordance with the Court's prior order, ECF No. 78, Plaintiffs were to provide the Court with a status update regarding the proceeding on the pending motion to quash in the Middle District of Florida by January 11, 2021. To date, nothing has been filed. Plaintiffs are to file a status update by the close of business tomorrow, January 20, 2021. Plaintiffs' failure to do so may result in the Court lifting the stay, deeming discovery to be concluded, and setting a briefing schedule on Defendant's motion for summary judgment. (Signed by Magistrate Judge Andrew E. Krause on 1/19/2021) (nb)
December 11, 2020 Opinion or Order Filing 78 ORDER: The Court is in receipt of a letter filed by Plaintiffs on December 3, 2020, informing the Court that a motion to quash Plaintiffs' subpoena for the deposition of a 30(b)(6) representative from Ravago Americas LLC has been filed in the United States District Court for the Middle District of Florida. ECF No. 77. To date, Defendant has not responded to Plaintiffs' letter. In light of the motion to quash, Plaintiffs were not able to complete the Ravago deposition by the December 4, 2020, deadline set by the Court. See Docket Sheet, Minute Entry for 11/04/2020. The deadline to complete the Ravago deposition is hereby adjourned sine die, pending the outcome of the motion to quash. Given that this last item of discovery remai ns outstanding, it does not make sense for a dispositive motion to be filed at this time; accordingly, the schedule for briefing Defendant's forthcoming motion for summary judgment is also adjourned sine die pending resolution of the motion to quash. Because this case cannot proceed until the motion to quash in the Middle District of Florida is resolved, this matter shall be STAYED until such time as the motion to quash is decided. Plaintiffs must provide the Court with a status update re garding the proceeding in the Middle District of Florida by January 11, 2021, and every 30 days thereafter. Once the motion to quash is decided, Plaintiffs shall send a letter to the Court immediately so that the Court can schedule a conference to set a new schedule in this matter. (Signed by Magistrate Judge Andrew E. Krause on 12/11/2020) (nb)
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Plaintiff: Felicia Gross
Represented By: Joseph Jerome Fell
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Defendant: David Derhagopian
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