Terpin v. Pinsky et al
| Michael Terpin |
| Does 1-20 and Ellis Pinsky |
| 7:2020cv03557 |
| May 7, 2020 |
| US District Court for the Southern District of New York |
| Andrew E Krause |
| Cathy Seibel |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 117
ORDER granting #114 Letter Motion to Seal. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 116
LETTER MOTION for Discovery re Privilege Issues addressed to Magistrate Judge Andrew E. Krause from Paul A. Blechner dated August 30, 2022. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 115
***SELECTED PARTIES***REDACTION to #113 LETTER MOTION for Discovery addressed to Magistrate Judge Andrew E. Krause from Paul A. Blechner dated August 30, 2022. Exhibit 1 to Discovery Motion (113) by Michael Terpin, Does 1-20, Ellis PinskyMotion or Order to File Under Seal: #114 .(Blechner, Paul)
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Filing 114
LETTER MOTION to Seal Exhibit In Support of Discovery Motion addressed to Magistrate Judge Andrew E. Krause from Paul A. Blechner dated August 30, 2022. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 113
LETTER MOTION for Discovery addressed to Magistrate Judge Andrew E. Krause from Paul A. Blechner dated August 30, 2022. Document filed by Michael Terpin. (Attachments: #1 Exhibit Letter, to be submitted with request to seal, #2 Exhibit Sample of Doc Request Responses, #3 Exhibit Sample of Interrogatory Responses).(Blechner, Paul)
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Filing 112
ORDER granting #111 Letter Motion to Adjourn Conference: Status Conference (in person) adjourned to 12/1/2022 at 4:30 pm. Pre-motion letters due two weeks before, with responses due one week before. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 111
LETTER MOTION to Adjourn Conference set for September 1, 2022 at 10 am addressed to Judge Cathy Seibel from Paul A. Blechner dated August 23, 2022. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 110
DECISION AND ORDER granting #103 Letter Motion for Discovery. For the foregoing reasons, Plaintiff's letter motion (ECF No. 103) is GRANTED, and Plaintiff is entitled to retain the document in question and use it in this litigation. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 103. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 8/19/2022) (tg)
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Filing 109
ORDER granting #108 Letter Motion for Local Rule 37.2 Conference The issues raised in this letter were addressed on the record at the July 22, 2022 status conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (kj)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 7/22/2022. Paul Blechner and Cornelius McCarthy appeared by telephone on behalf of the plaintiff. Philip Byler appeared by telephone on behalf of the defendant. The defendant is to produce amended discovery responses and all documents that are responsive to the plaintiffs document requests by no later than 7/28/2022. The parties are to set a date for the defendants deposition by no later than 8/5/2022. The defendant is to produce a privilege log by no later than 8/12/2022. The plaintiff is to file a letter regarding outstanding discovery disputes, if any, by no later than 8/30/2022; the defendants responsive letter is to be filed by no later than 9/2/2022. Adjourned to 9/7/2022 at 12:00 p.m. EDT for a teleconference. Parties are to call the same teleconference number as the 7/22/2022 conference. (Court Reporter AT&T) (sbr)
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Filing 108
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Andrew E. Krause from Paul A. Blechner dated July 15, 2022. Document filed by Michael Terpin. (Attachments: #1 Exhibit Excerpt from Requests for Production, #2 Exhibit Excerpt from Interrogatories, #3 Exhibit Example of Responses to Requests for Production, #4 Exhibit Relevant pages from Responses to Interrogatories, #5 Exhibit Rolling Stone Article (July-August 2022 edition)).(Blechner, Paul)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 6/14/2022. Paul Blechner and Cornelius McCarthy appeared on behalf of the plaintiff. Amy Zamir appeared on behalf of the defendants. By 6/28/2022, Defendant is to serve his amended responses to Plaintiffs discovery demands and complete his document production. By 7/1/2022, Defendant is to provide Plaintiff with his formal settlement proposal. By 7/15/2022, the parties are to file their letters regarding any affirmative discovery disputes; responsive letters are to be filed by 7/20/2022. Adjourned to 7/22/2022 at 11:30 a.m. EDT for a teleconference. (Court Reporter AT&T) (sbr)
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Filing 107
ORDER granting #105 Letter Motion for Extension of Time to File. Affirmative letters regarding discovery disputes are to be filed by May 31. Responsive letters are to be filed by June 6. The conference currently scheduled for June 2, 2022 is hereby ADJOURNED to June 14, 2022 at 12:30 p.m. EDT. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 106
LETTER RESPONSE to Motion addressed to Magistrate Judge Andrew E. Krause from Andrew T. Miltenberg dated 05/19/2022 re: #105 LETTER MOTION for Extension of Time to File Plaintiff's Letter Brief re Discovery addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated May 19, 2022. . Document filed by Ellis Pinsky..(Miltenberg, Andrew)
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Filing 105
LETTER MOTION for Extension of Time to File Plaintiff's Letter Brief re Discovery addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated May 19, 2022. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 104
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Andrew E. Krause from Philip A. Byler dated 05/12/2022 re: Defendant's Letter Brief Application filed on May 6, 2022. Document filed by Ellis Pinsky, Michael Terpin.Motion or Order to File Under Seal: #98 .(Zamir, Amy)
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Filing 103
***EX-PARTE*** LETTER MOTION for Discovery Application re Document addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated May 6, 2022. Document filed by Michael Terpin. (Attachments: #1 Exhibit Disputed Document, #2 Exhibit Correspondence up to dispute, #3 Exhibit Correspondence re requests and meet and confer, #4 Exhibit Correspondence re final inquiry)Motion or Order to File Under Seal: #98 .(Blechner, Paul)
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Filing 102
AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Deposition due by 10/21/2022. Fact Discovery due by 11/21/2022. Expert Discovery due by 2/13/2023. Case Management Conference set for 9/1/2022 at 10:00 AM before Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/4/22) (yv)
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Filing 101
ORDER. The parties are hereby directed to follow this order-and not any other order issued in this case, unless subsequently specified-for purposes of the timing and manner of raising discovery disputes with the Court. In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as further set forth in this Order. The attention of counsel and the parties is respectfully directed to Federal Rule of Civil Procedure 30(d) regarding the conduct of depositions. If a privilege objection is raised at a deposition, counsel are directed to contact chambers by telephone during the deposition at 914-390-4070 for a ruling. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/4/22) (yv)
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Filing 100
LETTER addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated May 3, 2022 re: Submission of Proposed Scheduling Order. Document filed by Michael Terpin. (Attachments: #1 Text of Proposed Order Proposed Amended Case Management Plan and Scheduling Order, #2 Exhibit Proposed Order "highlighted" to show proposed new language).(Blechner, Paul)
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Filing 99
AFFIDAVIT OF SERVICE of Order (Docket No. 98) served on William Brodsky, Esq. on May 2, 2022. Service was made by Mail and Email. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 98
ORDER: In order to resolve this issue, the Court hereby orders as follows: (1) By May 6, 2022, Plaintiff's counsel must file a letter of no more than five pages setting forth Plaintiff's arguments for why the e-mail provided to him by Mr. Brodsky should be allowed to become part of the discovery record in this case. Plaintiff's filing must attach a copy of the e-mail in question as an exhibit. (2) By May 20, 2022, Mr. Brodsky must file a responsive letter setting forth his arguments for why the e-mail should be returned and destroyed, including the legal basis for this request. Because of the Court's limited understanding of the potential privilege issues associated with the e-mail in question, all documents filed in response to this Order are to be filed under seal and are to refer to this Order as the basis for the sealing request. Plaintiff's counsel is directed to serve a copy of this Order on Mr. Brodsky by electronic mail and first class mail or faster paper delivery service no later May 2, 2022, and to file proof of such service on the docket. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 4/29/2022) (tg)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 4/29/2022. Paul Blechner and Cornelis McCarthy appeared by telephone on behalf of the plaintiff. Amy Zamir appeared by telephone on behalf of the defendants. The plaintiff is to file a proposed revised case management plan by 5/3/2022. The parties are to submit their ex parte settlement letters to chambers at KrauseNYSDChambers@nysd.uscourts.gov by 5/10/2022. The settlement conference scheduled for 5/11/2022 is rescheduled to 5/12/2022 at 11:00 a.m. EDT on Microsoft Teams; a link will be sent shortly before the settlement conference. By 5/13/2022 (1) the plaintiff will provide his supplemental document production, and (2) the defendant will provide revised responses to the plaintiffs document requests and interrogatories and will produce all documents in his possession. By 5/20/2022 the parties will file letters regarding any affirmative discovery disputes; responsive letters are to be filed by 5/25/2022. Adjourned to 6/2/2022 at 11:00 a.m. EDT for a teleconference. Parties are to call the same teleconference number as the 4/29/2022 conference. (Court Reporter AT&T) (sbr)
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Filing 97
RESCHEDULING ORDER: The in-person status conference scheduled for Friday, April 29, 2022, at 11:00 a.m. EDT before Magistrate Judge Krause is hereby rescheduled to a telephonic status conference on the same date, at the same time. 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. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. SO ORDERED. Telephone Conference set for 4/29/2022 at 11:00 AM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 4/25/2022) (tg)
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Filing 96
ORDER, This matter will proceed as follows: On or before April 21, 2022, Defendant's counsel will either: (i) serve a revised set of responses and objections to Plaintiff's interrogatories and requests for production; or (ii) if Defendant elects not to revise his responses and objections, file a substantive response to Plaintiff's March 21, 2022 letter (ECF No. 90) explaining why the asserted objections are appropriate. An in-person conference is hereby scheduled for Friday, April 29, 2022 at 11:00 a.m. ET. While the Court expects that Mr. McCarthy or a designee from his firm will attend in person on behalf of Plaintiff, Mr. Blechner is hereby authorized to attend and substantively participate in the conference by telephone. SO ORDERED. ( Status Conference set for 4/29/2022 at 11:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 4/15/22) (yv)
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Filing 95
LETTER addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated April 1, 2022 re: Responding to Request in Docket 94 for 60 days to Respond to Discovery Letter Motion. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 94
RESPONSE re: #92 Letter, #90 Letter . Document filed by Ellis Pinsky..(Byler, Philip)
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Filing 93
ORDER: The discovery disputes addressed in the letter brief filed at ECF No. 90 are encompassed by the order of reference to the undersigned for general pretrial supervision. Defendant is directed to file a response to Plaintiff's letter brief by no later than March 31, 2022. Once the Court has received Defendant's submission, the Court will schedule an in-person conference to address these disputes. The Court will hear further arguments from counsel at that conference, and anticipates ruling on the matters addressed in the letters on the record at the conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (Krause, Andrew)
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Filing 92
LETTER addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated March 29, 2022 re: Pending Discovery Dispute. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 91
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Cathy Seibel on 3/25/2022) (vfr)
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Filing 90
LETTER addressed to Judge Cathy Seibel from Paul A. Blechner dated 3/21/2022 re: letter brief re pinksy responses to document request. Document filed by Michael Terpin..(rro)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #89 MOTION for Amy Jacqueline Zamir to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb)
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Pro Hac Vice Fee Payment: for #89 MOTION for Amy Jacqueline Zamir to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25908110..(Zamir, Amy)
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Filing 89
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amy Jacqueline Zamir to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ellis Pinsky. (Attachments: #1 Certificates of Good Standing, #2 Affirmation of A. Miltenberg, #3 Exhibit A - Proposed Order on Pro Hac Vice Motion).(Zamir, Amy) Modified on 3/24/2022 (wb).
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Filing 88
ORDER granting #87 Letter Motion to Continue. The settlement conference currently scheduled for March 28, 2022 is hereby ADJOURNED to May 11, 2022 at 2:00 p.m. ET. Counsel are directed to submit ex parte letters to the Court by May 9, 2022 regarding the progress of settlement negotiations and any other issues that they believe should be brought to the Court's attention to make the settlement conference more productive. Counsel should use the scheduling order at ECF No. 65 for guidance as to what should be included in the letters, though the parties should understand that the Court will have the prior settlement conference letters available, so it is not necessary to repeat the information previously provided in those submissions. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 87
LETTER MOTION to Continue March 28, 2022 Settlement Conference addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated March 22, 2022. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 86
ORDER denying without prejudice #85 Letter Motion for Extension of Time to Complete Discovery: Application denied without prejudice to renewal in conformity with item 1.E of my Individual Practices, which requires (among other things) that counsel state the other side's position. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 85
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Cathy Seibel from Philip A. Byler dated 03/22/2022. Document filed by Ellis Pinsky..(Byler, Philip)
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Filing 84
ORDER: The docket sheet in this matter now reflects that the formerly pro se Defendant has retained counsel to represent him in this action. See ECF Nos. 82-83. Accordingly, the Court directs all counsel to meet and confer regarding whether they wish to proceed with the settlement conference currently scheduled for March 28, 2022 at 10:00 a.m. Eastern, or whether it would make more sense to reschedule the conference for a later date so that Defendant's new counsel can fully familiarize themselves with the case, and the prior settlement negotiations, in advance of the settlement conference. Counsel are hereby ordered to file a joint letter by no later than March 22, 2022 about how they wish to proceed. If counsel would prefer to reschedule the settlement conference, then they must inform the Court as to whether they are available in the afternoon (Eastern time) on any of the following dates: May 4, May 6, May 10, May 11, May 12, or May 13, 2022. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 3/18/2022) (vfr)
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Filing 83
NOTICE OF APPEARANCE by Philip Arwood Byler on behalf of Ellis Pinsky..(Byler, Philip)
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Filing 82
NOTICE OF APPEARANCE by Andrew Todd Miltenberg on behalf of Ellis Pinsky..(Miltenberg, Andrew)
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Filing 81
MEMO ENDORSEMENT on re: #79 Letter terminating #80 Letter Motion for Extension of Time. ENDORSEMENT: Application denied. As Defendant is aware, he is required to represent himself until a lawyer files a notice of appearance, and there will be no extensions. Failure to comply with his discovery obligations will in all likelihood be very harmful to his case later on, so I hope Defendant followed my advice on March 1 (ECF No. 72) to get to work. SO ORDERED. (Signed by Judge Cathy Seibel on 3/15/2022) (vfr)
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Filing 80
LETTER MOTION for Extension of Time in Response to Document 79 addressed to Judge Cathy Seibel from Paul A Blechner dated 3-16-2022. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 79
LETTER addressed to Judge Cathy Seibel from E. Pinsky, dated 3/15/22 re: I am writing to notify the Court that I am in the final steps of acquiring counsel etc. Therefore, I am requesting a small further extension of the discovery deadlines in the scheduling order so that I can finalize my representation. Document filed by Ellis Pinsky.(sc)
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Filing 77
ORDER AMENDING CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The Court previously issued the Civil Case Discovery Plan and Scheduling Order (the "Plan and Order"). [Docket #53]. At the request of Defendant's counsel, the deadline to file the Answer and to make initial disclosures under the Plan and Order were previously modified. [Docket #55]. The Court entered an order on March 1, 2022 [Docket #72], granting in part and denying in part requests made by parties relating to the Plan and Order. [Docket#70, 71]. The Plan and Order is hereby modified to change certain dates as follows: 1. In Paragraph 4, "All fact discovery shall be completed by August 22, 2022." 2. In Paragraph 4.c., " Depositions are to be completed by July 22, 2022."3. In Paragraph 4.d., " Requests to Admit, if any, are to be served by July 22, 2022." 4. In Paragraph 4.e., " Any further interrogatories are to be served by July 22, 2022." 5. In Paragraph 5, " All expert discovery is to be completed by November 14, 2022." 6. In Paragraph 8, "Next Case Management Conference is September 1, 2022 at 10:00 a.m." No other changes of the Plan and Order are made. Except for the change of dates as expressly modified herein, the Plan and Order remain in effect. SO ORDERED.( Depositions due by 7/22/2022., Expert Discovery due by 11/14/2022., Fact Discovery due by 8/22/2022., Case Management Conference set for 9/1/2022 at 10:00 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 3/3/2022) (vfr)
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Filing 76
PROPOSED SCHEDULING ORDER. Document filed by Michael Terpin. (Attachments: #1 Text of Proposed Order).(Blechner, Paul)
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Filing 75
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Plaintiff's counsel shall send a copy of this signed Order to Defendant. (Signed by Judge Cathy Seibel on 3/2/2022) (mml)
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Filing 74
ORDER granting #73 Letter Motion for Discovery: I have signed the proposed order (which should be docketed today and which Plaintiff shall send to Defendant). The parties are reminded that at this point, the referral to Magistrate Judge Krause is just for settlement. The case remains with me for all other purposes. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 73
LETTER MOTION for Discovery to Enter Stipulation and Protective Order addressed to Magistrate Judge Andrew E. Krause from Paul A Blechner dated 3-1-2022. Document filed by Michael Terpin. (Attachments: #1 Text of Proposed Order, #2 Exhibit Blackline vs model).(Blechner, Paul)
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Filing 72
ORDER granting in part and denying in part #70 Letter Motion for Extension of Time to Complete Discovery: Defendant has had over two-and-a-half-months to find counsel. His decision not to do so does not excuse him from his obligations under the scheduling order. The deadline to respond to initial document requests and interrogatories has already been extended numerous times by agreement, and Defendant was aware that there would be no further extensions absent Plaintiff's written agreement. So there is no real basis for an extension. As a one-time accommodation, the deadline to respond to initial document requests and interrogatories is extended to 3/8/22. If counsel for Defendant files a notice of appearance before then, that lawyer can confer with Plaintiff's counsel regarding an extension. But if no lawyer files a notice of appearance before that date, Defendant will be responsible for responding and there will be no extension, so he needs to get to work. The Court will extend the deadlines in the scheduling order by 30 days. Plaintiff's counsel shall submit a proposed revised scheduling order no later than 3/3/22. Defendant does not seem to have provided his contact information to the Court, so Plaintiff's counsel shall promptly convey a copy of this text order to Defendant. Defendant shall, no later than 3/2/22, submit a letter with his mailing address, email address and cellphone number. He shall also sign up for electronic notifications (via the form available under the Pro Se tab on the SDNY website) by 3/3/22 or show cause why he should not be required to do so. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 70
PROPOSED MOTION for Extension of Time to Complete Discovery in response/opposition to Defendant's request to extend mutual deadline to serve response to initial requests for production and interrogatories. Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 71
LETTER addressed to Judge Cathy Seibel from E. Pinsky, dated 2/28/22 re: I am writing to request from the Court a mutual extension of two weeks for the initial discovery materials and interrogatories, so that I can seek counsel to assist me with this matter. Document filed by Ellis Pinsky.(sc)
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Filing 69
SCHEDULING ORDER: This matter is hereby scheduled for a second video settlement conference before Magistrate Judge Andrew E. Krause on Monday, March 28, 2022, from 10:00 a.m. to 12:00 p.m. Eastern time. Parties represented by counsel may, but are not required to, attend the settlement conference as long as they are available by telephone during the conference. This conference will be conducted by video, using Microsoft Teams. A link and instructions will be provided to the parties by email prior to the conference. Should anyone experience any technical issues with the videoconferencing system, please contact Chambers at (914) 390-4070. A copy of this order has been sent to the pro se defendant by Chambers. SO ORDERED. Settlement Conference set for 3/28/2022 at 10:00 AM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 2/24/2022) Copies Mailed By Chambers. (tg)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Settlement Conference held on 2/23/2022. Paul Blechner, Cornelius McCarthy, and Michael Terpin appeared by video for Plaintiff. Defendant Ellis Pinsky pro se appeared by video. No settlement reached. A second settlement conference is scheduled for March 28, 2022 at 10:00 a.m. ET, via Microsoft Teams video. A separate scheduling order for the conference will be issued by the Court. All outstanding discovery deadlines remain in effect. (sbr)
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Filing 68
RESCHEDULING ORDER: Because of an unavoidable scheduling conflict that has just arisen, the telephonic settlement conference scheduled before Magistrate Judge Andrew E. Krause for Monday, February 7, 2022, at 2:15 p.m. is hereby rescheduled to Wednesday, February 23, 2022, at 2:15 p.m. On or before February 18, 2022, the parties must each submit a confidential, ex parte letter not to exceed five (5) pages in length. The letter must summarize (i) the history of settlement negotiations; (ii) the issues in the case; (iii) the party's settlement valuation of the case and the rationale(s) for it; and (iv) any other facts that would be helpful to the Court in preparation for the conference. Between the date of this order and the date of the conference, Plaintiff must make at least one concrete settlement demand, and Defendant must make at least one concrete settlement offer. These figures must be reported in the pre-conference letters. The letters should not be filed on ECF (the Court's electronic filing system). Submissions should be emailed to KrauseNYSDChambers@nysd.uscourts.gov. Plaintiff, and not just Plaintiff's counsel, must attend the settlement conference. To the extent liability insurance is involved for Defendant, a decision-making representative of the carrier must attend unless specifically excused by the Court. 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. Should anyone experience any technical issues with the videoconferencing system, please contact Chambers at (914) 390-4070. A copy of this Rescheduling Order is being sent to the pro se Defendant by Chambers. SO ORDERED. Telephone Conference set for 2/23/2022 at 02:15 PM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 2/2/2022) (tg)
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Filing 67
TRANSCRIPT of Proceedings re: Bench Decision held on 8/30/2021 before Judge Cathy Seibel. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027. 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 1/14/2022. Redacted Transcript Deadline set for 1/24/2022. Release of Transcript Restriction set for 3/24/2022..(Dente, Tabitha)
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Filing 66
AFFIDAVIT OF SERVICE of Scheduling Order date 12/15/21 served on Ellis Pinsky on December 20. 2021. Service was made by Mail. Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 65
SCHEDULING ORDER: This matter is hereby scheduled for a telephonic settlement conference before Magistrate Judge Andrew E. Krause on Monday, February 7, 2022, at 2:15 p.m. On or before February 3, 2022, the parties must each submit a confidential, ex parte letter not to exceed five (5) pages in length. The letter must summarize (i) the history of settlement negotiations; (ii) the issues in the case; (iii) the party's settlement valuation of the case and the rationale(s) for it; and (iv) any other facts that would be helpful to the Court in preparation for the conference. Between the date of this order and the date of the conference, Plaintiff must make at least one concrete settlement demand, and Defendants must make at least one concrete settlement offer. These figures must be reported in the pre-conference letters. The letters should not be filed on ECF (the Court's electronic filing system). Submissions should be emailed to KrauseNYSDChambers@nysd.uscourts.gov. Parties not just the attorneys must attend the settlement conference. Where liability insurance is involved, a decision-making representative of the carrier must attend unless specifically excused by the Court. 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. Should anyone experience any technical issues with the videoconferencing system, please contact Chambers at (914) 390-4070. Plaintiffs counsel is hereby directed to serve a copy of this Scheduling Order on the pro se Defendant and file proof of service with the Court. The pro se Defendant is hereby directed to file a letter with the Court by no later than December 29, 2021, notifying the Court of his current contact information, including his mailing address, telephone number, and email address. SO ORDERED. Settlement Conference set for 2/7/2022 at 02:15 PM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 12/15/2021) (tg)
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Filing 64
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew E. Krause. So Ordered. (Signed by Judge Cathy Seibel on 12/15/21) (yv)
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Filing 63
LETTER addressed to Judge Cathy Seibel from Cornelius P. McCarthy dated 12/14/21 re: potential settlement conference before Magistrate. Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 62
STIPULATION: Ellis Pinsky, a defendant in the above-captioned case, and Noam Biale, Counsel at Sher Tremonte LLP, attorneys for Mr. Pinsky in this action, hereby provide the following stipulation pursuant to Rule 7 of the Court's Individual Rules of Practice: 1. Mr. Pinsky lacks the ability to pay for Sher Tremonte LLP's future legal fees in this action. He is currently in the process of seeking new counsel whose services he can afford and weighing, in the alternative, whether to proceed prose in this matter. 2. Mr. Pinsky consents to the withdrawal of Sher Tremonte LLP in this matter. 3. Mr. Pinsky respectfully requests that the Court set a date by which he must proceed prose if substitute counsel does not appear, and in the interim requests an order directing the parties to participate in a settlement conference with a magistrate judge. Mr. Biale, Mr. Tremonte, Mr. Cuccaro and the Sher Tremonte firm are hereby relieved as counsel for Defendant Pinsky. He shall represent himself unless new counsel files a Notice of Appearance by 1/12/22. Counsel for Plaintiff shall advise, no later than 12/15/21, if Plaintiff agrees that a settlement conference before the Magistrate Judge could be fruitful. SO ORDERED. Attorney Michael Tremonte; Noam Korati Biale and Mark Elliot Cuccaro terminated. (Signed by Judge Cathy Seibel on 12/13/2021) (mml)
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Filing 61
AFFIRMATION of Noam Biale & Ellis Pinsky in Support re: #58 MOTION for Noam Biale/Michael Tremonte/Mark Cuccaro to Withdraw as Attorney .. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 60
ORDER denying without prejudice #58 Motion to Withdraw as Attorney: Please resubmit in accordance with item 7 of the Court's Individual Practices. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 59
DECLARATION of Noam Biale in Support re: #58 MOTION for Noam Biale/Michael Tremonte/Mark Cuccaro to Withdraw as Attorney .. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 58
MOTION for Noam Biale/Michael Tremonte/Mark Cuccaro to Withdraw as Attorney . Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 57
ANSWER to #37 Amended Complaint with JURY DEMAND. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 56
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Bench Decision proceeding held on 8/30/2021 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....(Dente, Tabitha)
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Filing 55
ORDER granting #54 Letter Motion for Extension of Time to Answer and for Initial Disclosures: Defendant may have until 11/1/21 to answer, and the parties may have until 11/8/21 for their initial disclosures. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 54
CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Cathy Seibel from Michael Tremonte/Noam Biale dated 10/18/2021., LETTER MOTION for Extension of Time of Deadline for Initial Disclosures addressed to Judge Cathy Seibel from Michael Tremonte/Noam Biale dated 10/18/2021. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 53
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #52 Letter Motion to Continue; granting #52 Letter Motion for Extension of Time to Answer. The case is to be tried to a jury. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall, if not already made, be made by November 1, 2021. Answer to be filed by October 24, 2021. Depositions to be filed by June 22, 2022. Expert discovery is to be completed by October 14, 2022. Next Case Management Conference August 2, 2022 at 10:00a.m. Premotion letter(s), if any, due 2 weeks before, with responses due one week before. (Ellis Pinsky answer due 10/24/2021. Deposition due by 6/22/2022. Expert Discovery due by 10/14/2022. Fact Discovery due by 7/22/2022. Case Management Conference set for 8/2/2022 at 10:00 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 9/3/2021) (mml)
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Filing 52
CONSENT LETTER MOTION to Continue Initial Disclosure Deadline addressed to Judge Cathy Seibel from Noam Biale dated 9/7/21., CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Cathy Seibel from Noam Biale dated 9/7/21. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 51
PROPOSED SCHEDULING ORDER. Document filed by Michael Terpin..(Blechner, Paul)
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Minute Entry for proceedings held before Judge Cathy Seibel: Bench Ruling held on 8/30/2021 re: #38 MOTION to Dismiss filed by Ellis Pinsky. Plaintiff's counsel(s) Paul Blechner, Esq. and Neil McCarthy, Esq. appear telephonically. Defendant's counsel Noam Biale, Esq. appears telephonically. Law Clerk Ryan Partelow appears telephonically. For the reasons stated on the record, Defendant's Motion to Dismiss is GRANTED with respect to the claim for injunctive relief, and otherwise DENIED. The Clerk is directed to terminate the Motion (Doc # 38). The Clerk is also directed to send the parties a blank Case Management Plan to be filled in. The proposed Case Management Plan is to be submitted by September 3, 2021. See transcript. Motion(s) terminated: #38 MOTION to Dismiss filed by Ellis Pinsky. (Court Reporter Tabitha Dente) (wc)
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Filing 50
NOTICE RE: CHANGE OF TIME OF CONFERENCE: The Bench Ruling as to the pending motion(s) previously scheduled before this Court for August 30, 2021 at 1:00 p.m. will be held at 10:45 a.m. (same date) via telephone. Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on July 29, 2021, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 - 1839 to call in and enter access code: 1047966#. The parties should call in from a landline phone (if possible), announce their last name(s) before addressing the Court at any time during the call, and mute their lines (pressing *6 on phone) when not speaking. Telephone Conference set for 8/30/2021 at 10:45 AM before Judge Cathy Seibel. (mml)
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Filing 49
ORDER granting #48 Letter Motion for Conference re: #48 : Time of bench ruling on 8/30/21 will be 1 pm. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 48
LETTER MOTION for Conference Requesting Time Change of Bench Ruling addressed to Judge Cathy Seibel from Noam Biale dated 8/10/2021. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 47
ORDER granting #46 Letter Motion to Adjourn Conference: Bench ruling adjourned to 8/30/21 at 3:00 pm. (The Court cannot do it on 8/19.) (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 46
LETTER MOTION to Adjourn Conference from August 12, 2012 to August 19, 2021 addressed to Judge Cathy Seibel from Cornelius P. McCarthy dated August 9, 2021. Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 45
NOTICE OF COURT CONFERENCE: A Bench Ruling as to the pending motion(s) is scheduled for August 12, 2021 at 10:00 a.m. (via telephone). Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on July 29, 2021, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 1839 to call in and enter access code: 1047966#. The parties should call in from a landline phone (if possible), announce their last name(s) before addressing the Court at any time during the call, and mute their lines (pressing *6 on phone) when not speaking. Telephone Conference set for 8/12/2021 at 10:00 AM before Judge Cathy Seibel. (ate)
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Filing 44
LETTER addressed to Judge Cathy Seibel from Paul A Blechner dated November 9, 2020 re: Request for Oral Argument. Document filed by Michael Terpin..(Blechner, Paul)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss . . Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 42
DECLARATION of Pierce O'Donnell in Opposition re: #38 MOTION to Dismiss .. Document filed by Michael Terpin. (Attachments: #1 Exhibit Exh 1 Correspondence 042219, #2 Exhibit Exh 2 Correspondence 051019, #3 Exhibit Exh 3 Correspondence 072419, #4 Exhibit Exh 4 Correspondence 091019, #5 Exhibit Exh 5 Correspondence 091819, #6 Exhibit Exh 6 Correspondence 011520, #7 Exhibit Exh 7 Cal Complaint).(McCarthy, Cornelius)
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Filing 41
MEMORANDUM OF LAW in Opposition re: #38 MOTION to Dismiss . . Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 40
DECLARATION of Noam Biale in Support re: #38 MOTION to Dismiss .. Document filed by Ellis Pinsky. (Attachments: #1 Exhibit A).(Biale, Noam)
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Filing 39
MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss . . Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 38
MOTION to Dismiss . Document filed by Ellis Pinsky..(Biale, Noam)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad)
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Filing 37
FIRST AMENDED COMPLAINT amending #1 Complaint against Does 1-20, Ellis Pinsky with JURY DEMAND.Document filed by Michael Terpin. Related document: #1 Complaint..(McCarthy, Cornelius)
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Filing 36
SEALED DOCUMENT placed in vault..(ak)
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Filing 35
SEALED DOCUMENT placed in vault..(ak)
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Filing 34
SEALED DOCUMENT placed in vault..(ak)
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Filing 33
SEALED DOCUMENT placed in vault..(ak)
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Filing 32
ORDER granting #31 Motion for Paul A Blechner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 31
MOTION for Paul A Blechner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Terpin. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Blechner, Paul) Modified on 10/12/2020 (bcu).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Paul A Blechner 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. (bcu)
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Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 10/7/2020. Plaintiff's counsel(s) Paul Blechner, Esq. and Neil McCarthy, Esq. appear telephonically. Defendant's counsel Michael Tremonte, Esq. appears telephonically. Law Clerk Ryan Partelow appears telephonically. Defendant's counsel will make submission to Court with regard to paragraph 79. See transcript. (Court Reporter Christina Arends-Dieck) (wc)
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Filing 30
ORDER granting in part and denying in part #29 Letter Motion for Leave to File Excess Pages; Both sides may have up to 35 pages for their opening briefs, and the reply brief may be 15 pages. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 29
CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Cathy Seibel from Noam Biale/Michael Tremonte dated 9/28/20. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 28
LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Cornelius P. McCarthy dated September 17, 2020 re: #26 FIRST LETTER MOTION for Extension of Time to File Motion to Dismiss, and Response to Plaintiff's Letter Regarding Pre-Motion Conference on Motion to Strike addressed to Judge Cathy Seibel from Noam Biale/Michael Tremonte dated 9/17/20. . Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 27
ENDORSED LETTER addressed to Judge Cathy Seibel from Cornelius P. McCarthy dated 9/17/2020 re: We write to respectfully request that the Court amend its September 16 Order to require that, in lieu of another pre-motion conference to discuss the newly-referenced motion to strike, the parties proceed with briefing on the motion to strike on the existing dates previously ordered as to Defendants motion to dismiss, namely, October 2 for service of the motion, October 16 for service of our opposition, and November 6 for service of their reply. ENDORSEMENT: I do not see anything in this letter that should be sealed. I have considered Defendant's letter of today (Doc. 26). I think it is most efficient to brief the motion to strike, if Defendant still intends to make it, on the same schedule previously set for the motion to dismiss. As Defendant was curious as to my views on the motion to strike, I do not think such a motion would be a particularly good use of the parties' resources, given the high legal standard and the fact that the presence of an allegation in a complaint does not mean proof of that fact will be admissible at trial, but I leave that decision to Defendant. Let us leave the 10/7/20 conference on for now, in case I need to rule on disputes relating to the redaction of the Amended Complaint. (Signed by Judge Cathy Seibel on 9/17/2020) (jwh)
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Filing 26
FIRST LETTER MOTION for Extension of Time to File Motion to Dismiss, and Response to Plaintiff's Letter Regarding Pre-Motion Conference on Motion to Strike addressed to Judge Cathy Seibel from Noam Biale/Michael Tremonte dated 9/17/20. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 25
ORDER: This order responds to Defendant's sealed letter of 9/15/20. There will be a premotion conference regarding the proposed motion to strike on 10/7/20 at 2:30 pm. Plaintiff shall state his position with respect to the motion, by letter of no more than 3 pages, by 9/30/20. Plaintiff shall also respond to Defendant's proposed redactions of the Amended Complaint by 9/26/20. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Filing 24
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul A Blechner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21687502. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Terpin. (Attachments: #1 Affidavit Affidavit of Applicant, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Blechner, Paul) Modified on 9/16/2020 (aea).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Paul A Blechner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21687502. 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 CALIFORNIA - 415-865-7000. 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 23
ORDER granting #22 Letter Motion for Extension of Time to File: Amended Complaint to be filed by 9/16/20, unless Defendant requests redactions, in which case redaction request to be submitted by 9/15/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 22
JOINT LETTER MOTION for Extension of Time to File Amended Complaint addressed to Judge Cathy Seibel from Noam Biale/Michael Tremonte dated 9/7/20. Document filed by Ellis Pinsky..(Biale, Noam)
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Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 8/26/2020. Plaintiff's counsel(s) Neil McCarthy, Esq. and Paul Blechner, Esq. appear telephonically. Defendant's counsel(s) Michael Tremonte, Esq. and Noam Biale, Esq. appear telephonically. Law Clerk Ryan Partelow appears telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by September 11, 2020. Defendant's Motion to be submitted by October 2, 2020; Plaintiff's opposition due October 16, 2020; Defendant's reply due November 6, 2020. The parties are directed to confer with regard to if they seek to go before the Magistrate Judge for a settlement hearing and to let the Court know. See transcript. (Court Reporter Sue Ghorayeb) (wc)
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Filing 21
SEALED DOCUMENT placed in vault.(fk)
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Filing 20
LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Cornelius P. McCarthy dated August 19, 2020 re: #17 LETTER MOTION for Conference Requesting Pre-Motion Conference on Anticipated Motion to Dismiss addressed to Judge Cathy Seibel from Noam Biale & Michael Tremonte dated 7/30/20. . Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 19
ORDER. Pursuant to my Emergency Individual Rules and Practices in Light of COVID-19, last revised March 19, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966. The parties should call in from a landline, announce their names before speaking, and mute their lines when not speaking. This Order is subject to revocation at any time. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. SO ORDERED. (Signed by Judge Cathy Seibel on 8/3/20) (yv)
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Filing 18
ORDER granting #17 Letter Motion for Conference: Telephonic Pre-Motion Conference to be held on 8/26/20 at 3:15 pm. Call-in information will be circulated in in advance. Plaintiff shall respond to Defendant's letter, by letter of no more than 3 pages, no later than 8/19/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 17
LETTER MOTION for Conference Requesting Pre-Motion Conference on Anticipated Motion to Dismiss addressed to Judge Cathy Seibel from Noam Biale & Michael Tremonte dated 7/30/20. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 16
SEALED DOCUMENT placed in vault.(fk)
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Filing 15
SEALED DOCUMENT placed in vault..(alo)
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Filing 14
SEALED DOCUMENT placed in vault..(alo)
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Filing 13
ORDER: Counsel for Plaintiff has requested the unsealing (for counsel's eyes only) of the applications that resulted in my ordering Docs. 2, 3, 4 and 6 to be sealed. (See Docs. 10 and 12.) There exists good cause for the applications to remain under seal, even as to counsel, for the time being. I assure Plaintiff that the applications contained nothing pejorative about Plaintiff. Defendant's counsel is directed to provide updates every 30 days as to whether continued sealing is necessary. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Filing 12
ORDER: The defendant, Ellis Pinsky, having made an application to seal ECF document number 3, and good cause appearing to grant the application, IT IS HERBY ORDERED that, for the same reasons stated in the Court's June 1, 2020 Opinion & Order, the Clerk of Court is hereby directed to seal ECF document nwnber 3. All other aspects of the June 1, 2020 Opinion & Order remain in effect.IT IS FURTHER ORDERED that lv1r. Pinsky's application shall remain underseal. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy) Transmission to Office of the Clerk of Court for processing.
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Filing 11
NOTICE OF APPEARANCE by Mark Elliot Cuccaro on behalf of Ellis Pinsky..(Cuccaro, Mark)
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Filing 10
OPINION & ORDER: Before the Court is Defendant's ex parte application to redact his home address from Docket Entries 2, 4, and 6. The Court GRANTS Defendant's application and finds that on the unique facts of this case, the application should remain ex parte and sealed. The Clerk of Court is respectfully directed to seal Docket Entries 2, 4, and 6. Additionally, all future public filings containing Defendant's home address must have Defendant's home address redacted, and two unredacted copies should be sent to the Court's chambers to be filed under seal. SO ORDERED. (Signed by Judge Cathy Seibel on 6/1/2020) (ks)
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Filing 9
NOTICE OF APPEARANCE by Michael Tremonte on behalf of Ellis Pinsky..(Tremonte, Michael)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer: Ellis Pinsky may have until 7/31/20 to respond to the Complaint. (8/1/20 is a Saturday.) Further extensions are unlikely. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 7
FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Cathy Seibel from Noam Biale dated 5/18/20. Document filed by Ellis Pinsky..(Biale, Noam)
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Filing 6
AFFIDAVIT OF SERVICE. Ellis Pinsky served on 5/12/2020, answer due 6/15/2020. Service was accepted by John Doe (refused to give name), person of suitable age and discretion. Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 5
NOTICE OF APPEARANCE by Noam Korati Biale on behalf of Ellis Pinsky..(Biale, Noam)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Ellis Pinsky..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Cornelius Patrick McCarthy. The party information for the following party/parties has been modified: Michael Terpin; Ellis Pinsky; John Does1-20. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cornelius Patrick McCarthy. The following case opening statistical information was erroneously selected/entered: Dollar Demand $74,000,000,000; County code Westchester; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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)
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Magistrate Judge Lisa M. Smith 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 3
CIVIL COVER SHEET filed..(McCarthy, Cornelius)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Ellis Pinsky, re: #1 Complaint. Document filed by Michael Terpin..(McCarthy, Cornelius)
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Filing 1
COMPLAINT against Ellis Pinsky, John Does1-20. (Filing Fee $ 400.00, Receipt Number ANYSDC-19741399)Document filed by Michael Terpin..(McCarthy, Cornelius)
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