Stern et al v. Highland Lake Homeowners Association et al
| Mendel Stern, Aharon Ostreicher, Yochonon Markowitz, Abraham Kohn, Isaac Schwimmer, Esther Schwimmer, Joel Sabel, Yoel Fried, Melech Krauss, Israel Ostreicher and Fraida M. Fried |
| Highland Lake Homeowners Association, Arthur Edwards, Inc., Archway Property Management, Inc., Carmine Mastrogiacomo, Christopher Perrino, Alex Rubanovich, Nancy Diaz and Ray Torres |
| 7:2018cv04622 |
| May 24, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Nelson Stephen Roman |
| Housing/Accommodations |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
118
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The filing party shall follow the procedures set forth in paragraph 4(b) of the Court's Individual Rules and Practices. If agreement cannot be reached in 5 business days, counsel shall submit a letter in accordance with Dkt. # 48 to seek a ruling. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/14/2022) (ks)
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Filing
105
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/30/2021) (ks)
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Filing
100
MEMO ENDORSED ORDER terminating 94 Motion to Dismiss. ENDORSEMENT: The Court is in receipt of a motion seeking dismissal of: (1) claims asserted by Plaintiffs Israel Ostreicher, Avrohom Ostreicher, Esther Schwimmer, Joel Sabel, and Abraham Koh n (collectively, "Settling Plaintiffs") against Defendants Highland Lake Homeowners Association, Arthur Edwards, Inc., Archway Property Management, Inc., Carmine Mastrogiacomo, Christopher Perino, Alex Rubanovich, Nancy Diaz, and Ray Tor res (collectively, "Defendants"); and (2) all counterclaims asserted by Defendants against Settling Plaintiffs. (ECF No. 94.) The motion is supported by the Affirmation of Michael H. Sussman, in which he affirms, among other things, that (A) Settling Plaintiffs negotiated a satisfactory settlement agreement with Defendant Highland Lake Homeowners Association and accordingly seeks to voluntarily discontinue their claims; and (B) counsel for Defendants consents to dismissing Defendan ts' counterclaims against the Settling Plaintiffs. (ECF No. 95.) Mr. Sussman's representation that Defendants wish to voluntarily discontinue their counterclaims against Settling Plaintiffs is an insufficient record for this Court to dis miss counterclaims with prejudice. Instead, the Court instructs Defendants' counsel to write to this Court on, or before, April 30, 2021, to confirm whether Defendants consent to the voluntary dismissal of counterclaims against the Settling P laintiffs. In the event that the Settling Plaintiffs and Defendants agree to resolve claims by and against those parties, they are further instructed to submit a jointly signed and submitted stipulation of voluntary dismissal of the relevant claims. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/21/2021) (rj)
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Filing
98
OPINION & ORDER re: 90 FIRST MOTION to Vacate 40 Stipulation and Order, Terminate Motions, . filed by Christopher Perrino, Nancy Diaz, Highland Lake Homeowners Association, Ray Torres, Alex Rubanovich, Carmine Mastrogiacom o, Archway Property Management, Inc., Arthur Edwards, Inc.. For the reasons stated above, Defendants' motion to vacate the So-Ordered Stipulation is GRANTED pursuant to this Court's inherent equitable powers to revisit interlocutory orders. The Clerk of the Court is kindly directed to vacate the So-Ordered Stipulation at ECF No. 40 and to terminate the motion at ECF No. 90. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/26/2021) (rj)
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