Bamonte et al v. Charatan
| Carol Bamonte, James McCormack, Virginia McKeon and Mary Hughes |
| Debrah Lee Charatan |
| 7:2022cv00795 |
| January 31, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| P.I.: Other |
| 28 U.S.C. § 1332 wd Diversity-Wrongful Death |
| Plaintiff |
Docket Report
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. The Court granted the TRO only after considering the extensive papers filed in support of the application, but set an expedited briefing schedule to allow Defendant to challenge the TRO and the request for a preliminary injunction. Instead of complying with this schedule, Defendant's counsel, who only filed a notice of appearance yesterday after being asked to, now seeks a substantial extension of time to respond to Plaintiffs' submission. The request is granted, on consent of Plaintiffs and with the consent of Defendant to allow the TRO to remain in place until the Court holds a hearing. Defense opposition papers are due 4/12/22. Plaintiffs' reply is due 4/19/22. The Court will move the hearing from 3/25/22 to 4/20/22, at 2:00 pm. So Ordered. (Signed by Judge Kenneth M. Karas on 3/22/2022) (mml)
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| Set/Reset Deadlines: (Replies due by 4/19/2022. Show Cause Response due by 4/12/2022.) Set/Reset Hearings: (Show Cause Hearing set for 4/20/2022 at 02:00 PM before Judge Kenneth M. Karas.) (mml) |
| Filing 25 FIRST LETTER MOTION for Extension of Time to submit opposition to Plaintiffs' Motion addressed to Judge Kenneth M. Karas from Scott W. Epstein dated March 21, 2022. Document filed by Debrah Lee Charatan..(Epstein, Scott) |
| Filing 24 NOTICE OF APPEARANCE by Scott W. Epstein on behalf of Debrah Lee Charatan..(Epstein, Scott) |
| Filing 27 Undertaking for Security for Costs BOND # CGB 9357499 in the amount of $ 500.00 posted by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon. (fk) |
| Filing 23 CERTIFICATE OF SERVICE of OSC, MOL, ROBERT ABRAMS DECLARATION, EXHIBITS A-GG served on JEFFREY ANTIN/SCOTT EPSTEIN on MARCH 18, 2022. Service was accepted by 7TH FLOOR RECEPTIONIST AT 49 WEST 37TH STREET. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(Sundaran, Raju) |
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Filing 22
ORDER TO SHOW CAUSE: ORDERED that Defendant or her attorney appear and show cause in Room 521 of the United States Courthouse located at 300 Quarropas Street, White Plains, New York 10601, or as otherwise directed by the Court, on the 25 day of March, 2022, at 10:00 am of said day, or as soon thereafter as counsel can be heard, why an order should not be issued: As further set forth by this Order. SUFFICIENT reason appearing therefor, it is hereby ORDERED, that pending a hearing and determination of Plaintiffs' motion, Defendant is hereby temporarily restrained pursuant to Fed. R. Civ. P. and N.Y. C.P.L.R. Section Section 6311, 6313 from selling, transferring, conveying, assigning, accepting, or otherwise disposing of Decedent's assets or properties in the United States, whether held individually, jointly, in trust, or in which Decedent may have an interest in, including but not limited to bank accounts, cash assets, debts, personal property, stock certificates/shares, and real property; and it is further ORDERED, that security in the amount of $500 be posted by Plaintiffs by March 18, 2022, at 5:00 p.m.; and it if further ORDERED, that personal service of a copy of this Order, and the papers on which it is based, upon Defendant Debrah Lee Charatan or her attorney, on or before March 18, 2022, at 5:00 p.m., be deemed sufficient service, and that any answering papers be filed by ECF nolater than March 22, 2022 at 3:00 p.m., and reply be served and filed byMarch 24, 2022 at 12:00 p.m. As stated above, the Court will hold a hearing at 10:00 a.m. on Friday, March 25, 2022. Motions terminated: #18 EMERGENCY MOTION for Order to Show Cause for Prejudgment Attachment, Preliminary Injunction/TRO, and Special Discovery. filed by James McCormack, Virginia McKeon, Carol Bamonte, Mary Hughes. (Replies due by 3/24/2022.) ( Show Cause Hearing set for 3/25/2022 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas., Show Cause Response due by 3/22/2022.) (Signed by Judge Kenneth M. Karas on 3/17/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 21 DECLARATION of ROBERT ABRAMS in Support re: #18 EMERGENCY MOTION for Order to Show Cause for Prejudgment Attachment, Preliminary Injunction/TRO, and Special Discovery.. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon. (Attachments: #1 Exhibit Exhibit A - Durst Indictment, #2 Exhibit Exhibit B - Westchester DA Report, #3 Exhibit Exhibit C - Sentencing Transcript 1, #4 Exhibit Exhibit C - Sentencing Transcript 2, #5 Exhibit Exhibit D - DDA Lewin DV Motion, #6 Exhibit Exhibit E - DDA Lewin Durst Company Theft Motion, #7 Exhibit Exhibit F - EC Ltr re: Durst to Jareki, #8 Exhibit Exhibit G - Opp Morris Black Motion 1, #9 Exhibit Exhibit G - Opp Morris Black Motion 2, #10 Exhibit Exhibit G - Opp Morris Black Motion 3, #11 Exhibit Exhibit G - Opp Morris Black Motion 4, #12 Exhibit Exhibit G - Opp Morris Black Motion 5, #13 Exhibit Exhibit H - Petition for Letters, #14 Exhibit Exhibit I - Robert Durst Surrogate Court Affidavit, #15 Exhibit Exhibit J - Robert Durst Divorce Complaint, #16 Exhibit Exhibit K - Robert Durst Divorce Affidavit, #17 Exhibit Exhibit L - Judgment of Divorce, #18 Exhibit Exhibit M - DDA Lewin Berman Hearsay Statements, #19 Exhibit Exhibit N - Marriage Registration Certificate, #20 Exhibit Exhibit O - POA from Robert Durst to Debrah L. Charatan, #21 Exhibit Exhibit P - Holm Obituaries, #22 Exhibit Exhibit Q - Letter from Robert Durst to Anton, #23 Exhibit Exhibit R - Daily Mail Article 3/31/15, #24 Exhibit Exhibit S - Last Will and Testament of Robert Durst, #25 Exhibit Exhibit T - Transcript of Debrah L. Charatan, #26 Exhibit Exhibit U - Judgment of Conviction Tampering with Physical Evid., #27 Exhibit Exhibit V - Transcript of Jail Recording between Robert Durst and Altman, #28 Exhibit Exhibit W - Pandora Letter re Robert Durst (REDACTED), #29 Exhibit Exhibit X - SDNY Trust Litigation Decision 12/7/05, #30 Exhibit Exhibit Y - Transcript of Jail Recording between Robert Durst and Debrah L. Charatan, #31 Exhibit Exhibit Z - SDNY Trust Litigation Complaint, #32 Exhibit Exhibit AA - Douglas Durst Trial Testimony 1, #33 Exhibit Exhibit AA - Douglas Durst Trial Testimony 2, #34 Exhibit Exhibit AA - Douglas Durst Trial Testimony 3, #35 Exhibit Exhibit BB - NYT Article 1/1/15, #36 Exhibit Exhibit CC - CA Arrest Warrant for Robert Durst (REDACTED), #37 Exhibit Exhibit DD - Trial Transcript Susan Giordano AM 2/15/17, #38 Exhibit Exhibit EE - Robert Durst Death Certificate (REDACTED), #39 Exhibit Exhibit FF - Probate Petition Estate of Robert Durst, #40 Exhibit Exhibit GG - Citation Returned).(Sundaran, Raju) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #21) - DECLARATION of RAJU SUNDARAN in Support re: #18 EMERGENCY MOTION for Order to Show Cause for Prejudgment Attachment, Preliminary Injunction/TRO, and Special Discovery.. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon. (Attachments: #1 Exhibit Exhibit A - Durst Indictment, #2 Exhibit Exhibit B - Westchester DA Report, #3 Exhibit Exhibit C - Sentencing Transcript 1, #4 Exhibit Exhibit C - Sentencing Transcript 2, #5 Exhibit Exhibit D - DDA Lewin DV Motion, #6 Exhibit Exhibit E - DDA Lewin Durst Company Theft Motion, #7 Exhibit Exhibit F - EC Ltr re: Durst to Jareki, #8 Exhibit Exhibit G - Opp Morris Black Motion 1, #9 Exhibit Exhibit G - Opp Morris Black Motion 2, #10 Exhibit Exhibit G - Opp Morris Black Motion 3, #11 Exhibit Exhibit G - Opp Morris Black Motion 4, #12 Exhibit Exhibit G - Opp Morris Black Motion 5, #13 Exhibit Exhibit H - Petition for Letters, #14 Exhibit Exhibit I - Robert Durst Surrogate Court Affidavit, #15 Exhibit Exhibit J - Robert Durst Divorce Complaint, #16 Exhibit Exhibit K - Robert Durst Divorce Affidavit, #17 Exhibit Exhibit L - Judgment of Divorce, #18 Exhibit Exhibit M - DDA Lewin Berman Hearsay Statements, #19 Exhibit Exhibit N - Marriage Registration Certificate, #20 Exhibit Exhibit O - POA from Robert Durst to Debrah L. Charatan, #21 Exhibit Exhibit P - Holm Obituaries, #22 Exhibit Exhibit Q - Letter from Robert Durst to Anton, #23 Exhibit Exhibit R - Daily Mail Article 3/31/15, #24 Exhibit Exhibit S - Last Will and Testament of Robert Durst, #25 Exhibit Exhibit T - Transcript of Debrah L. Charatan, #26 Exhibit Exhibit U - Judgment of Conviction Tampering with Physical Evid., #27 Exhibit Exhibit V - Transcript of Jail Recording between Robert Durst and Altman, #28 Exhibit Exhibit X - SDNY Trust Litigation Decision 12/7/05, #29 Exhibit Exhibit Y - Transcript of Jail Recording between Robert Durst and Debrah L. Charatan, #30 Exhibit Exhibit Z - SDNY Trust Litigation Complaint, #31 Exhibit Exhibit AA - Douglas Durst Trial Testimony 1, #32 Exhibit Exhibit AA - Douglas Durst Trial Testimony 2, #33 Exhibit Exhibit AA - Douglas Durst Trial Testimony 3, #34 Exhibit Exhibit BB - NYT Article 1/1/15, #35 Exhibit Exhibit CC - CA Arrest Warrant for Robert Durst (REDACTED), #36 Exhibit Exhibit W - Pandora Letter re Robert Durst (REDACTED), #37 Exhibit Exhibit DD - Trial Transcript Susan Giordano AM 2/15/17, #38 Exhibit Exhibit EE - Robert Durst Death Certificate (REDACTED), #39 Exhibit Exhibit FF - Probate Petition Estate of Robert Durst, #40 Exhibit Exhibit GG - Citation Returned).(Sundaran, Raju) Modified on 3/17/2022 (lb). |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 EMERGENCY MOTION for Order to Show Cause for Prejudgment Attachment, Preliminary Injunction/TRO, and Special Discovery. . Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(Sundaran, Raju) |
| Filing 18 EMERGENCY MOTION for Order to Show Cause for Prejudgment Attachment, Preliminary Injunction/TRO, and Special Discovery. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(Sundaran, Raju) |
| Filing 17 NOTICE OF APPEARANCE by Raju Sundaran on behalf of Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(Sundaran, Raju) |
| Filing 16 LETTER addressed to Judge Kenneth M. Karas from Scott W. Epstein dated March 8, 2022 re: in Response to Plaintiff's letter of March 4, 2022. Document filed by Debrah Lee Charatan..(Antin, Jeffrey) |
| Filing 15 NOTICE OF APPEARANCE by Matthew Cono Capozzoli on behalf of Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(Capozzoli, Matthew) |
| Filing 14 MEMO ENDORSEMENT on re: #13 Response to Motion, filed by James McCormack, Virginia McKeon, Carol Bamonte, Mary Hughes. ENDORSEMENT: Plaintiffs may file their motion whenever they choose. Defendant is to respond to this letter by 3/8/22. (Signed by Judge Kenneth M. Karas on 3/4/2022) (rro) |
| Filing 13 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Brian Thomas McCarthy dated March 4, 2022 re: #11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Scott W. Epstein dated March 3, 2022. . Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(McCarthy, Brian) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Scott W. Epstein dated March 3, 2022. This request is entirely reasonable and is granted. So Ordered. Debrah Lee Charatan answer due 4/14/2022. (Signed by Judge Kenneth M. Karas on 3/3/2022) (js)
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| Filing 11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Scott W. Epstein dated March 3, 2022. Document filed by Debrah Lee Charatan..(Antin, Jeffrey) |
| Filing 10 SEALED DOCUMENT placed in vault.(jme) |
| Filing 9 NOTICE OF APPEARANCE by Jeffrey A. Antin on behalf of Debrah Lee Charatan..(Antin, Jeffrey) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Debrah Lee Charatan served on 2/15/2022, answer due 3/8/2022. Service was accepted by T. Michael Ballases, Resident Agent for Service of Process for Defendant, Debrah Lee Charatan, as Executor of the Estate of Robert Durst. Document filed by Mary Hughes; Carol Bamonte; Virginia McKeon; James McCormack..(McCarthy, Brian) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Debrah Lee Charatan..(lal) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Debrah Lee Charatan, as the Nominated Executor of the Estate of Robert Durst, re: #1 Complaint. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(McCarthy, Brian) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian T. McCarthy to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct, Defendant name error, must match caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Debrah Lee Charatan, as Nominated Executor of the Estate of Robert Durst, re: #1 Complaint. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(McCarthy, Brian) Modified on 2/3/2022 (lal). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian T. McCarthy to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct, (Typo in caption). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal) |
| Filing 4 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Debrah Lee Charatan, as Nominated Executor of the Estate of Robert Durst, re: #1 Complaint. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon..(McCarthy, Brian) Modified on 2/2/2022 (lal). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian T. McCarthy. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to Suffolk. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian T. McCarthy. The party information for the following party/parties has been modified: Carol Bamonte, James McCormack, Virginia McKeon, Mary Hughes, Debrah Lee Charatan. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| Magistrate Judge Judith C. McCarthy 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian T. McCarthy to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name error in caption (Mary Hughes). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Debrah Lee Charatan, as Nominated Executor of the Estate of Robert Durst, re: #1 Complaint. Document filed by Carol Bamonte, Mary Hughes, James McCormack, Virginia McKeon.(McCarthy, Brian) Modified on 2/1/2022 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(McCarthy, Brian) |
| Filing 1 COMPLAINT against Debrah Lee Charatan. (Filing Fee $ 402.00, Receipt Number ANYSDC-25657367)Document filed by Mary Hughes, Carol Bamonte, Virginia McKeon, James McCormack..(McCarthy, Brian) |
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